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Home My WebLink About12/19/1995� MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA A G E N D A TUESDAY, DECEMBER 19, 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) James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to the Board 9:00 a.m. 1. CALL TO ORDER PgGF 2. INVOCATION Rev.,' Jack Sollogub 20th Ave. Church of God 3. -PLEDGE OF ALLEGIANCE - Comm. Fran B. Adams 11111 N 1 i TT 0IYAJ D16l DI ; DW(Gid IV Jj DELETIONS 11.H.1, West Regional WWTP - Change Order No. 3 11.H.2. West Regional WWTP Expansion, Engineering Work Authorization Amendment None ' ' 11 1 1 ►lll►l J None womore-TINTaw ZVI 510ill A. Received & Placed on File in Office of Clerk to the Board: Fellsmere Water Control District Minutes, Board of Supervisors Meetings for Fiscal Year 1994-95 B. Acceptance of Resignation of Paul R. Jacobi from IRC Bldg. Code Board of Adjustments and Appeals (letter dated December 7, 1995) I 7. CONSENT AGF,NDA (on 'd 1• PAGE C. Acceptance of Resignation of L. B. Vocelle from Children Services Advisory Council (letter dated November 20, 1995) D. Majestic Partners of Vero Beach Ltd.'s Request for Final PRD Plat Approval of Sea Oaks River Villas Phase 1I PRD (memorandum dated December 12, 1995) E. Request for Board Approval of Release of Ease- ments in Rosewood Court Subdivision (memorandum dated December 12, 1995) F. Request for Board Acceptance of the "Green Salt March" LAAC Site Donation (memorandum dated December 13, 1995) G. Equipment for Surplus Sale (memorandum dated December 12, 1995) H. Temporary Water Service Agreement - IRC and Paul U. and Lenora L. Quimby (memorandum dated December 5, 1995) I. Finalization of Indian River County Contracts (memorandum dated December 1, 1995) J. Donation to County of Lots 10 &.11, Block X, Vero Tropical Gardens Subdivision (memorandum dated December 6, 1995) K. Resolution to Reimburse Expenditures from Future Tax Exempt Borrowings (No Co. WWTP) (memorandum dated December 13, 1995) L. Resolution to Reimburse Expenditures from Future Tax Exempt Borrowings (Central WWTP) (memorandum dated December 13, 1995) M. Resolution to Reimburse Expenditures from Future Tax Exempt Borrowings (So. Co. WWTP) (memorandum dated December 13, 1995) N. Resolution to Reimburse Expenditures from Future Tax Exempt Borrowings (C.R. 510 Force Main) (memorandum dated December 13, 1995) O. Resolution to Reimburse Expenditures from Future Tax Exempt Borrowings (26th St. Water Main) (memorandum dated December 12, 1995) P. Cancellation of Outstanding Taxes Property Purchased for County Use (memorandum dated December 13, 1995) Q. 1996 Firefighters/Indian River County Fair (memorandum dated December 12, 1995) � � r 7. CONSENT AGENDA (conte PAGE R. Lien by IRC Against James White (memorandum dated December 12, 1995) S. Letter of Understanding Indian River Hospital District (memorandum dated December 14, 1995) 8. GT . rrr yr .:1- OFFIVERS and GOVERMWMAL AGENCIES None 9:05 A.M. 9. PUBT .I M4 A. RIJBTJC HEARINGS 45th Street Water Service - Resolution III (memorandum dated December 6, 1995) B. PUBLIC DISCUSSTON rnMq None r8011RO6 : 3110 KIN ;: 91433 EW None B. Emerged ervices 1. Proposed 800 MHz Communications Contract (memorandum dated December 9, 1995) 2. Communications Tower Lease Agreements with TALCOM, INC., a Subsidiary of AT & T Wireless Services - (memorandum dated December 13, 1995) C. General Services County Admin. Bldg. - Fourth Floor Addition (memorandum dated December 13, 1995) : Yui I ►YKI X a YN W Y None El �� IM7T I None F. Personnel None G. Public Works 1. Resolutions to Provide for the Paving and Drainage Improvements to and Set Public Hearing Date for 9th Place & 21 st Avenue in Block Villa Subdivision (memorandum dated December 11, 1995) 2. Resolutions to Provide for the Paving and Drainage Improvements to and Set Public Hearing Date for 8th Court South of 2nd St. to So. Relief Canal in I.R. Heights S/D (memorandum dated December 11, 1995) 3. Change Order No. 1 - Wabasso Causeway Boat Ramp and Dale Wimbrow Boat Ramp (memorandum dated December 11, 1995) 4. 58th Ave. R -O -W Acquisition; Southeast Comer of 26th Street and 58th Avenue (memorandum dated December 11, 1995) 5. Developer's Agreement for Paving of Rose- land Rd. Between CR512 and Laconia St. in Sebastian (memorandum dated December 11, 1995) 6. FEC Railroad Grade Crossing License Agreement - Highland Drive (memorandum dated December 11, 1995) 7. FEC Railroad Grade Crossing License Agreement - Glendale Road (memorandum dated December 11, 1995) 8. FECRailway Grade Crossing License Agreement - Fellsmere Rd., CR512 East Bound (memorandum dated December 6, 1995) H. Utilities 1. West Regional Wastewater Treatment Plant Change Order No. 3 (memorandum dated December 12, 1995) L- i 01 DI 941814OJAI WN Kl NJ) rN W Y 51 : H. Utilities (cont'd j: 2. West Regional Wastewater Treatment Plant Expansion, Engineering Work Authorization Amendment (memorandum dated December 7, 1995) 3. So. Co. Effluent Reuse System Continuation, Engineering Addendum, So. U.S. 1 Water, Change Order No. 2 (memorandum dated December 7, 1995) 4. Agreement for Contract Operation, Maintenance and Management Services for I.R.C. Wastewater Facilities (Laurelwood, Vista Gardens, Vista Royale) with Hydrologic Florida, Inc. (memorandum dated December 11, 1995) 12: COUNTY ATTO NF.Y None 1 �/lul 1 �I YY u B. Vice Chairman Fran B. Adams C. Commissioner Richard N. Bird D. Commissioner Carolyn K, E E. Commissioner John W. Tippin _I r; w WAM17TOIT17 A. FEmergencv Services District None B. Solid Waste to Dano al District 1. Approval of Minutes - meeting of 11/07/95 2. Approval of Minutes - meeting of 11/14/95 3. Approval of Minutes - meeting of 11/21/95 4. Sebastian Chamber of Commerce Agreement with SWDD (memorandum dated December 8, 1995) C. Environmental Control Board None 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. Meeting broadcast live on: TCI Cable Channel 13 - rebroadcast S: 00 p. m. Thursday through S: 00 p. in. Friday Falcon Cable Channel 35 - rebroadcast Friday evening Tuesday, December 19, 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, December 19, 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, Reverend Jack Sollogub of the 20th Avenue Church of God gave the invocation, and Commissioner Fran Adams led the Pledge of Allegiance to the Flag. DELETIONS TO THE AGENDA Administrator Chandler requested the following deletions: 11.H.1. West Regional WWTP - Change Order No. 3 11.H.2. West Regional WWTP Expansion, Engineering Work Authorization Amendment ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously deleted the above items from the Agenda. CONSENT AGENDA A. Reports Received and placed on file in the Office of the Clerk to the Board: Fellsmere Water Control District Minutes, Board of Supervisors Meetings for Fiscal Year 1994-95 1 Boor, � December 19, 1995 F'°(r Boa 6 P�T, IE 772 B. Resignation of Paul R. Jacobi from IRC Building Code Board of Adjustments and Appeals The Board reviewed a letter dated December 7, 1995: 1865 71st Ave. Vero Beach, FL 32966 December 7, 1995 Mrs. Alice White Administrative Assistant Board of County Commissioners 1840 25th St. Vero Beach, FL 32960 Dear.Mrs. White, With regrets, I wish to inform you that due to personal reasons and my recent retirement, I am tendering my resignation from the Indian River County Building Code Board of Adjustments and Appeals. I have felt honored to have served Indian River County these many years. Respectfully, 54�� e -r Paul R. Jacobi ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously accepted with regret the resignation of Paul R. Jacobi from the IRC Building Code Board of Adjustments and Appeals. C. Resignation of L. B. Vocelle from Children's Services Advisory Council The Board reviewed a letter dated November 20, 1995: AkIde nf L. H. VOCELLE X� W W OCt & P. O. sox 498 CIRCUIT JUDGE VERO BEACH, FLA. 32961 PHOHE2 (407) Aftmoti November 20, 1995 7?p Ken Macht Chairman of the Children's Service Advisory Council County Administration Building 1840 25th Street Vero Beach, FL 32960-3394 F, December 19, 1995 Dear Chairman Macht: I have had the opportunity of serving as Family Court Judge in Indian River County. This has been a very challenging assignment, however effective January 1, 1996 I will be reassigned from the Family Division to other assignments out of Indian River County. Judge Paul B. Kanarek will be assigned as Family Court Judge Indian River County effective January 1, 1996. Since I will no longer be assigned to Family Court in Indian River County I respectfully submit my resignation as a member of the Children's Services Advisory Council. I have enjoyed working with you and other members of the council on vital programs affecting children. I would suggest that Judge Paul B. Kanarek be appointed to represent the Judiciary on this important committee. My resignation will be effective January 1, 1996. Very truly yours, _ -,'v7 --,, L. B. Vocelle Circuit Judge ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously accepted with regret the resignation of Judge L. B. Vocelle from the Children's Services Advisory Council. D. Final Plat Approval of Sea Oaks River Villas Phase H PRD Majestic Partners of Vero Beach, Ltd. The Board reviewed a Memorandum of December 12, 1995: TO: James E. Chandler County Administrator DI N HEAD CONCURREN ftbert M. Reati g, ICP Community D,eevvelopm t D r for THROUGH: Stan Boling-, -IICP Planning Director FROM: Eric Blad � Staff Plan Current Development DATE: December 12, 1995 SUBJECT: MAJESTIC PARTNERS OF VERO BEACH LTD'S REQUEST FOR FINAL PRD PLAT APPROVAL OF SEA OARS RIVER VILLAS PHASE II PRD It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of December 19, 1995. M December 19, 1995 BOOK 96 P,,r,F 773 Uf ma 96 pAn 774 DESCRIPTION & CONDITIONS: Sea Oaks River Villas Phase II is a boundary plat of a 2.45 acre parcel located adjacent to Jungle Trail in the western section of the Sea Oaks PRD project (see attachment #2). The final plat will create private, internal road right-of-way area and one 2.45 acre parcel that will contain 3 condominium buildings, totaling 18 units. Final plat approval is required before any of the 3 buildings can be issued a certificate of occupancy (C.O.). On February 2, 1989, the Planning & Zoning Commission granted preliminary PRD plan/plat approval for Sea Oaks River Villas. A land development permit was subsequently issued for infrastructure improvements. Infrastructure improvements were commenced but not completed when a new developer acquired the overall Sea Oaks project. The new developer requested and received approval to modify the preliminary PRD plat and plans on December 8, 1994, and has now completed the infrastructure improvements. The new developer is now requesting final plat approval, and has submitted the following: 1) A certificate of completion for all infrastructure improvements 2) A final plat in conformance with the approved, modified preliminary PRD plat and plans.* ANALYSIS: All required improvements necessary to provide access and services to the overall phase II tract have been constructed, and a certificate of completion has been issued by the Public Works Department. Required improvements necessary to serve individual buildings within the tract, as well as a required Jungle Trail buffer, are controlled via the PRD site plan and will be provided on a building -by -building basis. Prior to obtaining a Certificate of Occupancy (C.O.) for any building, the required improvements and buffer necessary to serve the building will be constructed by the developer. All of the required improvements in the development will be private, except utilities, which will be dedicated and warranted separately. Since the provision of required internal improvements for individual buildings will be controlled through the PD site plan process, and since the required improvements necessary to provide service to the overall phase It tract have been constructed, the developer has satisfied all requirements for final plat approval. RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final plat approval for Sea Cans River Villas Phase II PRD. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously granted final plat approval for Sea Oaks River Villas Phase II PRD, as recommended in the memorandum. E. Release of Easements in Rosewood Court Subdivision The Board reviewed a Memorandum of December 12, 1995: 0 December 19, 1995 TO: James E. Chandler County Administrator D TMENT HEAD CONCURRENCE: Obert M. Keating,AICP Community Developm nt Di ctor THROUGH: Roland M. DeBlois, ICP Chief, Environme al Planning & Code Enforcement FROM: Charles W. Heath Code Enforcement Officer DATE: December 12, 1995 SUBJECT: Request for Board Approval of Release of Easements in Rosewood Court Subdivision It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of December 19, 1995. DESCRIPTION AND CONDITIONS: The County has been petitioned by the Rosewood Development Corporation, owners of the subject property, for the release of multiple drainage and utility easements, and one limited access easement, in Rosewood Court Subdivision. It is the petitioner's contention that these easements are beyond the minimum required, and unnecessarily impede landscape and accessory structure development on platted lots within the private subdivision. The current zoning classification of the subject property is RS -2, Single -Family Residential District. The Land Use Designation is L-1, allowing up to 3 units per acre. ANALYSIS: The request has been reviewed by Bell South Telephone Company; Vero Beach Utilities; T.C.I. Cablevision Corporation; County Utilities; and the County Road & Bridge and Engineering Divisions. Based upon their reviews, it is staff's position that release of these easements would have no adverse impact on utilities and drainage associated with the subdivision. Particularly, county engineering staff has closely reviewed the proposal to ensure that adequate drainage easements remain within the subdivision. REC01IIMEPDATION: Staff recommends to the Board, through the adoption of the attached resolution, release easements in Rosewood Court Subdivision as more particularly described in said resolution. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously adopted Resolution No. 95-156 abandoning certain easements in Rosewood Court Subdivision as described therein. 5 December 19, 1995 BOOK 6 ��i'� 775 ma 96 776 RESOLUTION NO. 95-156 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, ABANDONING CERTAIN EASEMENTS IN ROSEWOOD COURT SUBDIVISION, SAID SUBDIVISION RECORDED IN PLAT BOOK 14, PAGE 15 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY WHEREAS, Indian River County has easements as described below; and WHEREAS, the retention of those easements serves no public purpose; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: This release of easements is executed by Indian River County, a political subdivision of the State of Florida, whose mailing address is 1840 25th Street, Vero Beach, Florida 32960, Grantor, to Rosewood Court Development Corporation, their successors in interest, heirs and assigns, whose mailing address is 101 Grove Street #27, Stamford, CT 06901, Grantee, as follows: Indian River County does hereby abandon all right, title, and interest that it may have in the following described easements: certain drainage and utility easements in Rosewood Court Subdivision, recorded in Plat Book 14, Page 15 of the Public Records of Indian River County, said easements more particularly described as: the northerly 7.5 ft. of Lots 1, 21 4-6, 9, 11, 14, 15, 19, 24-26; the northerly 15 ft. of Lot 7; the southerly 15 ft. of Lot 24; the southerly 7.5 ft. of Lots 2, 31 5-81 10, 13, 16, 18, 20, 25, & 26; the easterly 7.5 ft. of Lots 28, 29, 32, 33, 35-37; the westerly 7.5 ft. of Lots 29, 31, 32, 34-36; and a limited access easement on the westerly 10 ft. of Lot 27, less the south 7.5 ft. of said easement; said property now lying and being in Section 4, Township 33 South, Range 39 East, Indian River County, Florida. THIS RESOLUTION1 was moved for adoption by Commissioner Eggert , seconded by Commissioner Adams , and adopted on the 19 day of December , 1995, by the following vote: Commissioner Kenneth R. Macht �A e _ Commissioner Fran B. Adams �Aee Commissioner John W. Tippin �Aye Commissioner Carolyn K. Eggert Aye Commissioner Richard N. Bird %dye The Chairman declared the resolution duly passed and adopted this 19 day of December , 1995. A December 19, 1995 RESOLUTION NO. 95-156 BOARD OF CQUNTY1 COMMISSIONERS OF INDI RIVER COSY, FLORIDA By Chairman Attest By J K. Bart STATE OF FLORIDA ) COUNTY OF INDIAN RIVER) I HEREBY CERTIFY, that on this day, before me, an officer duly authorized in the State and County aforesaid, to take acknowledgements, personally appeared Kenneth R. Macht and Jeffrey K. Barton, well known to me to be the Chairman of the Board of County Commissioners and Clerk, respectively, of Indian River County, a political subdivision of the State of Florida, and they acknowledged executing the same. WITNESS my hand and official seal in the County and State last aforesaid thisWd)4 day of , 1995. My Commission Expires: PATNM M. NDGMy z. RM•��ON a coma IRE� .bare 27, t U\t\C\resewcod.Ct Notary Public APPROVED AS TO FORM ANDL GAL SUFFICIENCY BY TERRENCE PO'BRIEN ASST. COUNTY. ATTORNEY December 19, 1995 ��y 777 Al 11 00 ROSEWOOD COURT SUBDIVISION rot—'�� - . Pur eooR 1 14 SECTION A TOWNSHIP 33 SOUTH, RANGE 39 EAST \\: -''; 15 B INDIAN RIVER COUNTY, FLORIDA PAGE _ \ DOCKET NUMBER fi' l 0 0 9 t•'? 1 ,w a ISRM10 Rs 2 tom. f1►L�/' IA\ \ LOT CRAPINC LE 32 LOT SCA�5 50 31 i / -ll�� \ •: (w MT / � � LOT -- I kWh . so )IL /- Yt 33 . • � a`• '' tROPIWLOnr LAT. aP91 TRREE Pus eootc .• PAa 3e VP- LOT _ •sqy _w.... 7.r D.�{I.E 34 - LARD USE L-, xe,-••+•� ZOW4 Rs -7 _-,.r{'i \•••.) 00 (i%.._ /' \ ✓ C, ^ �'-iwr 6 is w.._ II '' yi. LOT y �r 2. Pte' 'IS••FJLL 35' LOT � 9+ '` / tN'T I �f LOT 36 to:.. �p�,--_- LOT LOT /0 uE (me)�-' /' I LOT 2 29 37 28 ^ tcaC2 LOT •. .�.{{{ LOT i _t____---._. 8 73��.: 1 _,cD�g w ••� �iw„ 27 .7a• t 187.0 W23'1! w y lbue STREET •-.S:' (!S' - ..-• CII ilk ; "1a'01uS t7rt•1 - --' t `` . a' (1LOT1L,� eiue a.ae ... u••aanr SILVER OAKS ESTATE j LOT eV• i, s2 tA/] �' t - ,,\' - aaaaa-aa iqa OF. PAC- 31IABD `•�. 7 URP1ATtLD USE L-1 f•'II �•O\ f .. \d' + 21 i ,•• I/i7D 115E L C! 1 �g o. earsraea . 7 ey t•a►t a• ra•.3a ZOma RS -2 ZONM RS -2 CS3 .. . ••rs. i41. •'- n. 9r T1t: 5 - ,0• u.E. !ftp) H7 S9'. • tai • 11 • Se7.ilt +To7I � lt9Ut .oataa.r i t I i t LOT i 9 IS- 0.6U.E. (TYP.) �� 28 ut1PLAfTED a _. RAp!•i kQ M-1-2 —f C� GEAWC ' t•'? 1 a ISRM10 Rs 2 tom. & �_:•''sem _ 4.'22-y=<- i+ LOT . _.f a 20 _.tq.t7____- r. I LOT 26 •: SLG' C' i o0' St.7• T, •• �a$ti` .. _c"'.+ •ra ••. .f-_7aS•t*14 i 1 �. .; aa. .. SGS:': r �- N. 2. a• to:.. ^ tcaC2 S _ 1 �a,,d' 3: 3 �+ i•ai•i4 :. '� _ _ • 1 C2� 20C.1!D' la. �___ t •'- n. 9r _ I-_ :6:.—i`•'��... LOT i 22 I� C24 (fx1T ; t 2b OC' ab =?, -- a' =r,..a=. :. _: z �iiiy ._. as= 1 tz IT OAU.E. (Tn..)- t- � 7a- 8� '_--T6i `•c __ G TS=r-- i e I 33 4o7.302-1101 (TRLI ae7-5A2. 71110 (rA%I ^$1 b 6s_a�. as •. S!_ - `1.17' :.. _r _C]. -._".• 73' :' t LOT 00' c o0 S&iii i 3t 1 ya. t �•• a b a- -�Or---_. ... T as a'�2; � _1- 2 OF 3 L_ ti x • '• w ,0' LAE. (LOTS 1b t 73 OMLT7 T'Ifir OT. a. 1 !' S bCMa E td.00 ._-------- ^--------J-�_-. �J_L_-----! M------a- SEE SHEET 2 OF 3 LOT 23 r 10' U.E. (TVP.) a3 CZ' / •.. Cia C20, a 4i LOT Lar tad 2s as IS• D.GUE [ -----------------------------------------------" �\ • a. ut1PLAfTED a _. tMO USE L-1 _ a ISRM10 Rs 2 - D. & U. EASEMENTS RELEASE • a. .#f v a a _. SLG' d8la' :r !: f' • ±T'4':•' - •'tT:' 7:` . . ,,!L• • !r .; aa. .. SGS:': r 9J_b'"!' K.'Y0 •arya• �- '9N "+1 rlt9yb.t CK°•K0 ppfa M :-1:-*V d Oar• H•tl(7 JY1..:•. '191 .0.aa0 ali (CARTER ASSOCIATES )v(:. aam s a. a ICONS[ '1.71M. ENGIVFF.RS AND UND SGRYBYORS 17" atm 'TREET t1.Ro DI:At'It. ILORIDA 32MO-3472 4o7.302-1101 (TRLI ae7-5A2. 71110 (rA%I T-sL.^. tij En OC H H O z z O Ln t_1 r Ul M W d Q Q�Fl I tv cz� to GRAPHIC SCALE BO• 4 73 1p —,QD (N FEU) 1 i ch -So IT. Lee USE 1 7D1810 RS -2 SKR MST CARNQ TRALT SerMn n.,Id Oce 1 11 ROSEWOOD COURT SUBDIVISION SECTION 4, TOWNSMW . 33 SOUM RANGE: 3D:.EAS"F-*' .11 INDIAN RIVER- caUNM- FZ0JMU* MATO IM • SHEET a OF a I LOTI I I I LOT 1 LOT 111 LOT , 1 I S I I I 10 (lslou 19 � I � 23/�/ i-- r ---11L— tIV CIA"i,. ' SW2r, E aif.i9' 1 Cl1 21. ME (M.H- 1 I 1 LOT 1- Els 1 I I LOOT 1 v i 11 1 to 1.r. ...n—�1v F (LUT 10 mat' I IC2Tor RLE i 'r 7S'17 SB9'4S3rE J L - OT I 1 �is•,aam— —1 �— —1 — — , � 1 I Cs T� l 1 I - I � I 1 CA L3T 1s oaNE t>ti'a IOW LOT 2 -1 i_ I i I- 1 1 P U.C. - S i 12 I I c) LL Is o4sl t (m.) c1 I I 1 LOT cf 13 r 7�taB 36 — I 17 i LOT t I L L sw4s ss r_ J rD OAUJL (TVP.) -i 1 1 21 - t EI ;, (TTP F- Ilr .) N.E. 9 BEARINGS ARE UN AITEO o-. LAND US[ L -I i,I 10 BLNCMMARK - EL 12 00 RECREATION TRACT M1 7A L6 ,'^_ I i 16 I ro3 7r � I I L II15$ I I l ..J LOT sRS42121rr 10 Or - I 14 10• LAE. (LOT , ONLY) I 1 IC CAE. r (LUT 1a ON41T I I LOT `CNrl�i 9v ay�ry'�gi- - Nw-T •' fAA � - aF'�b ��•. .[-.0 ANE• -6' RDS MW MONO (160 STREET -.30• RO.M.) �- D. E 1 •r .sv..sN �aay.x e•. r 1V O*"* _ 3 SBS47.76r 7al.pp• a< :: � 1 977P C) •60' SMdar2 fa.5w r 2 M.70 - UNP ATFED LAND USE L-1 2m.m RS -2 rr ------ II 1 I 1 LOT I I 1 I 24 1 I II I I SLVER OAKS ESTATES O.R. EOG( 162. PACE 438 I" USE L-1 comm RS -2 GEMEIML OWES 1. 117 CONSTRUCTION. TREES OR SWM WILL It PLACID IN EASEMENTS 9tTHM CowrT APPROVAL. i. IN= IMT )E ADDITIONAL 1 1EST1135NS TMAT ARE NOT RECmtDED an THIS FLAT THAT IMT DE PORID I TME PUBLIC Rccmn Or THIS CONTT. 3. WRINE NAINTGWCC CE.O. /WING. ETC.) O EASEMENTS 11MAU DE TME RESPOMtn1uTT W THE LOTINOUTT OIuERtS) AND MDT INDIAN RIVER COINITT. a. COVENANTS. RESTRICTIONS OR RESERVATIONS AFFMIN i THE O OMIP OR USE W TME PRWMV SHOWN ON THIS PLAT ARE rILEO 1N OrCIcIAL RECORD IDC N0. -[Ill_---. PAGE s. KLOU *ZMM wwuG• 6 OPRN < PERMANENT RErER 2 O PCP • PERMANENT CONTR 0. O.C. - DRAINAGE C U.C. - .,L"T EA a -0 B.Y. El. 22.00 M.E. - MAINTENNIC 21 - SIDEVALK C E A.E. - ENERGENC. 9 BEARINGS ARE UN AITEO o-. LAND US[ L -I h 10 BLNCMMARK - EL 12 00 RECREATION TRACT M1 {MPWi[D LAW USE L -I - ZONING RS -2 ,'^_ a ZOMND 015-2 ro3 � II15$ Q ..J sRS42121rr 10 Or •± + 1� n E 3C RANI. OfwA)ED TO POYN RIVER COLINT1• .. 1 - Nw-T • 100.95•- • RDS MW MONO (160 STREET -.30• RO.M.) �- D. & E. EASEMENTS RELEASE UNP ATFED LAND USE L-1 2m.m RS -2 rr ------ II 1 I 1 LOT I I 1 I 24 1 I II I I SLVER OAKS ESTATES O.R. EOG( 162. PACE 438 I" USE L-1 comm RS -2 GEMEIML OWES 1. 117 CONSTRUCTION. TREES OR SWM WILL It PLACID IN EASEMENTS 9tTHM CowrT APPROVAL. i. IN= IMT )E ADDITIONAL 1 1EST1135NS TMAT ARE NOT RECmtDED an THIS FLAT THAT IMT DE PORID I TME PUBLIC Rccmn Or THIS CONTT. 3. WRINE NAINTGWCC CE.O. /WING. ETC.) O EASEMENTS 11MAU DE TME RESPOMtn1uTT W THE LOTINOUTT OIuERtS) AND MDT INDIAN RIVER COINITT. a. COVENANTS. RESTRICTIONS OR RESERVATIONS AFFMIN i THE O OMIP OR USE W TME PRWMV SHOWN ON THIS PLAT ARE rILEO 1N OrCIcIAL RECORD IDC N0. -[Ill_---. PAGE s. KLOU *ZMM wwuG• 6 OPRN < PERMANENT RErER 2 O PCP • PERMANENT CONTR 0. O.C. - DRAINAGE C U.C. - .,L"T EA L.A.E. - UNITED AC M.E. - MAINTENNIC 21 - SIDEVALK C E A.E. - ENERGENC. 9 BEARINGS ARE RASED UPON N 00.20•IZ• E- 10 BLNCMMARK - EL 12 00 A IOD YEAR IILDING AND LINE Cr TRACE :a BEI*, AIMM J.IVM. L IAF AEMOm A" 146 11136 nK +6A.fw Ow m ac" M maccaft or ...a .6<a1K6 LLi .- 1 "a ICARTER ASSOCIATES. INC. a..ay.r. ICONSCLTI.NG ENGINEERS AND LAND SURVEYORS 176D JIM STREET VERO REACH.-PLORM 32980'DM 4107-6112-4191 (TEL) 407 -Set -7160 (FAN) E-1560 tij In 0�..I a•.I H H 0 z z 0 19 Ul 1 F.1 ON C 1 1 F. "Green Salt Marsh" LAAC Site Donation Accepted The Board reviewed a Memorandum of December 13, 1995: TO: James E. Chandler County Administrator r Community Developm t Dto FROM: Roland M. DeBlois ICP Chief, Environmental Planning DATE: December 13, 1995 RE: Request for Board Acceptance of the "Green Salt Marsh" LAAC Site Donation It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of December 19, 1995. DESCRIPTION AND CONDITIONS In Fall 1994, Susan Green contacted staff to see if the County would be interested in accepting a donation of environmentally sensitive land she owns on the south barrier island. The subject property is +16 acres of impounded estuarine wetlands south of the Moorings Subdivision, just west of St. Christopher Harbor (see attached map). This property is also known as "Moorings -South Impoundment" (No. 10), and is accessible via Island Drive, the north private -road of St. Christopher Harbor Subdivision. Subsequently, staff brought the proposed donation to the County Land Acquisition Advisory Committee (LAAC) for review and comments. LAAC reviewed the site under its normal annual review cycle, in accordance with the Land Acquisition Guide adopted by the Board. At its meeting of April 13, 1995, LAAC voted unanimously to put the "Green Salt Marsh" on its acquisition list with the status of "unranked", and instructed staff to move forward with the necessary steps to acquire the site (see attached minutes excerpt). Since April, Charles Hardee, the County's environmental land acquisition consultant, has coordinated with Ms. Green and her attorney to facilitate the donation. Recently, Ms. Green's attorney has indicated that they have completed an appraisal (for their own purposes), and now requests that the County move forward with accepting title to the property. ANALYSIS With the exception of a perimeter, impoundment dike, the subject property is environmentally sensitive estuarine wetlands. The zoning and future land designations are Conservation, with a 1 unit per 40 acre development density (1 unit/acre density transfer credit). Due to the wetland nature of the property, potential development is severely limited. The dikes are now overgrown, and absent clearing of dikes, the property is inaccessible by land. According to 1995 county consists of two contiguou $40,300 (see attached). December 19, 1995 tax records, the subject property (which s tax parcels) has a tax assessed value of 10 FU Management The subject property was impounded in 1965 for mosquito control purposes. The perimeter dike is presently breached at one location, thus providing an intertidal connection to the Indian River Lagoon. Mosquito Control District staff has indicated that required management of the property is presently infrequent, and that the District will continue its management. Public ownership will afford the County and District more opportunity to improve management and Lagoon connection over time. Title Insurance, Environmental Review In accordance with procedures established in the County Land Acquisition Guide, the County should obtain title insurance for the property, which is appropriately paid for with environmental land acquisition bond funds. Given that the property is a donation and is largely inaccessible from the standpoint' of illegal dumping, staff's opinion is that a professional environmental audit (Phase I) is not necessary. Instead, staff will conduct a review prior to closing to look for visible evidence of hazardous (or non- hazardous) waste on the property (although none is expected given access limitations). RECOMMENDATION Staff recommends that the Board of County Commissioners formally accept the subject property donation, and authorize staff to execute the necessary documents for the County to receive title, (including standard Internal Revenue Service forms). ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously accepted the donation of the "Green Salt Marsh" LAAO site, as recommended in the memorandum. RECORDED DEED IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD G. Equipment for Surplus Sale The Board reviewed Memoranda of December 11 and 12, 1995: To: Fran Boynton Powell, Manager, Purchasing Division Date: December 11, 1995 Subject: Surplus Vehicles/Heavy Equipment From: Chuck Leger, Fixed Assets ManagemegiL/�� Attached are the printouts for GFA and Enterprise Funds surplus vehicles and heavy equipment. Please note that Fleet #58A is a last minute addition, and I was unable to add this to location 6005 -Purchasing -Enterprise Surplus printout. Also, please add asset #9393-6" electric pump. All items are currently located at Fleet Mgt., and are ready for pick up. If you have any questions, please feel free to contact me at Ext. 286. 11 �ooK 96 PAIGE 781 December 19, 1995 DATE: December 12, 1995 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County AdmJAnistrator H.T. "Sonny" Dean, Director General Services 01 FROM: Fran Boynton Powell, Purchasing Manager SUBJ: Equipment for Surplus Sale BACKGROUND INFORMATION: The following equipment (attached list) has been declared surplus to the needs of Indian River County. ANALYSIS: Staff recommends that authority be granted by the Board of County Commissioners to declare these items surplus and authorize its sale. FUNDING: The monies received from this sale will be returned to the appropriate accounts. RECOMMENDATION: This will be placed on the Surplus Property Sale open to the public as per State Statutes. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously accepted the report of items for the surplus property sale as listed. H. Temporary Water Service Agreement - Quimby The Board reviewed a Memorandum of December 5, 1995: DATE: DECEMBER 5, 1995 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PIPV- DIRECTOR OF UTILIT S ICES PREPARED JAMES D. CHASTA AND MANAGER OF ASS S NT PROJECTS STAFFED BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: TEMPORARY WATER SERVICE AGREEMENT INDIAN RIVER COUNTY AND PAUL U. AND LENORA L. QUINSY 12 December 19, 1995 Paul U. and Lenora L. Quimby have requested that temporary service be installed from the water line on 10th Street to service their property on 4990 10th Street, Vero Beach, Florida prior to the installation of a water main on 10th Street. ANALYSIS The Agreement states that the Indian River County Department of Utility Services shall provide temporary water service to Mr. and Mrs. Quimby until such time that a water line may be constructed on 10th Street by assessment. They agree to pay ell'fees required to make this connection. They further agree to participate in the assessment and to reconnect to this water line as required by the Indian River County Department of Utility Services. RECOWENDATION The Department of Utility Services recommends that the Board of County Commissioners approve the attached Agreement with Mr. and Mrs. Quimby on the Consent Agenda. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved the temporary water service agreement with Paul U. and Lenora L. Quimby, memorandum. as recommended in the AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD I. Termination of Various Contracts The Board reviewed a Memorandum of December 1, 1995: DATE: December 1,,1995 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINT DIRECTOR OF UTI ES PREPARED HARRY E. ASHEREK AND STAFFED ASSISTANT DIRECTO OF UTILITIES BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: FINALIZATION OF INDIAN RIVER COUNTY CONTRAC'T'S BACKGROUND and ANALYSIS The following is a list of contracts that are no longer used by the Department of Utility Services and are recommended for termination: 13 December 19, 1995 1. Brown and Caldwell Consultants W/A #2 - 1993 2. Camp Dresser & McKe-, Inc., North County Water Treatment Plant Phase I - 1991 3. Camp Dresser & McKee, Inc., North Beach R.O. Plant Expansion and Construction - 1991 4. Camp Dresser & McKee, Inc., South County R.O. Plant Odor Control, Pilot Test - 1993 5. Camp Dresser & McKee, Inc., Sludge Facility Operations Report - 1993 6. Camp Dresser & McKee, Inc., Sludge Facility Truck Scales- 1993 7. Kimball Lloyd, Inc., Wastewater Collection System, #1 - 1992' 8. Kimball Lloyd, Inc., Wastewater Collection System, #2 - 1992 9. Masteller & Moler, Ind, Glendale Lakes Water Distribution, 1992 10. Masteller & Moler, Inc., Feasibility Study West County Wastewater Treatment Plant - 1992 11. Masteller & Moler, Inc., New Horizons Mobile Home Park - 1993 12. Masteller & Moler, Inc., West County Wastewater Treatment Plant, Effluent Disposal Option W/A #2 - 1993 RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the termination of the above -listed contracts as presented. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved termination of the contracts listed in the memorandum as recommended. .1. Donation of Vero Tropical Gardens Subdivision Lots 10 & 11, Block X The Board reviewed Memoranda of December 6, 1995 and November 15, 1995: TO: James E. Chandler, County Administrator All Department Heads p FROM: Terrence P. O'Brien, Assistant County Attorney/ U DATE: November 15, 1995 RE: DONATION OF LOTS 10 & 119 BLOCK X, VERO TROPICAL GARDENS SUBDIVISION, UNIT 2, PBI 8/04A The subject lots are within the area scheduled for paving and drainage Improvements by the County. The estimated assessment for these two lots is $5,631.00. The owner Madeleine Cochrane, who is elderly, feels that this places an extreme burden on her. Accordingly, she is willing to donate the land to the County. Would you please review your property needs and determine if it would be in the public interest to accept title to the property. If there is no need expressed by December 1, 1995 I will assume none exists. The offer, in my view, needs to be communicated to the Board of County Commissioners in any event. 14 December 19, 1995 77 TO: Board of County Commissioners FROM: Terrence P. O'Brien - Assistant County Attorney DATE: December 6, 1995 RE: DONATION TO COUNTY OF LOTS 10 & 11, BLOCK X, VERO TROPICAL GARDENS SUBDIVISION The subject lots are within the area scheduled for paving and drainage improvements by the County. The estimated assessment for these two lots is $5,631.00. The owner Madeleine Cochrane, who is elderly, feels that this places an extreme burden on her. Accordingly, she is willing to donate the land to the County. I brought this matter to the attention of the County Administrator and Department Heads to see if there were any County interest in accepting the donation (see attached memorandum) . Jim Davis, Director of Public Works informed me that he recommends that the County accept the lots. In view of the foregoing, it is recommended that the County accept the lots by donation and that staff be authorized to take all necessary steps to effect the donation. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously accepted donation of Lots 10 and 11, Block X, VERO TROPICAL GARDENS SUBDIVISION, as recommended in the memorandum. K. North County Wastewater Treatment Plant - Resolution to Reimburse Expenditures from Future Bond Issues The Board reviewed a Memorandum of December 13, 1995: DATE: December 13, 1995 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR SUBJECT: RESOLUTION TO REIMBURSE EXPENDITURES FROM FUTURE TAX EXEMPT BORROWINGS BACKGROUND Attached is a resolution, which is a requirement in order to be able to reimburse for funds expended to construct the - Force Main, North County Wastewater Treatment Plant to Central Wastewater Treatment Plant. The staff of the Department of Utility Services recommends approval of the attached.resclution. 15 December 19, 1995 Bm 96 PA :F 785 FROM: TERRANCE G. PINT DIRECTOR OF UTI PREPARED HARRY E. ASH AND STAFFED ASSISTANT DIRE OR OF UTILITIES BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: RESOLUTION TO REIMBURSE EXPENDITURES FROM FUTURE TAX EXEMPT BORROWINGS BACKGROUND Attached is a resolution, which is a requirement in order to be able to reimburse for funds expended to construct the - Force Main, North County Wastewater Treatment Plant to Central Wastewater Treatment Plant. The staff of the Department of Utility Services recommends approval of the attached.resclution. 15 December 19, 1995 Bm 96 PA :F 785 som 96 Pn� 786 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously adopted Resolution 95-157 establishing intent to reimburse certain expenditures in connection with the Force Main, North County Wastewater Treatment Plant to Central Wastewater Treatment Plant Project from the proceeds of future bond issues, as recommended in the memorandum. RESOLUTION No. 95 157 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING ITS INTENT TO REIMBURSE CERTAIN EXPENDITURES IN CONNECTION WITH THE FORCE MAIN, NORTH COUNTY WASTEWATER TREATMENT PLANT TO CENTRAL WASTEWATER TREATMENT PLANT PROJECT FROM THE PROCEEDS OF FUTURE BOND ISSUES, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Indian River County, Florida (the County) expects to make certain expenditures in connection with the Force Main, North County Wastewater Treatment Plant to Central Wastewater Treatment Plant Project of the County; and WHEREAS, the County intends to reimburse itself for said expenditures from the proceeds of future bond issues; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The County expects to make certain expenditures in connection with the Force Main, North County Wastewater Treatment Plant to Central Wastewater Treatment Plant Project of the County (the Project). The County intends to finance said expenditures by the issuance of one or more future bond issues. Some or all of said expenditures are expected to be paid prior to the issuance of said future bond issues. Therefore, said expenditures will be paid from the Utility Operating Fund, the Utility Impact Fee Fund, and the Utility Special Assessment Project Fund of the County. The County intends to reimburse said funds for said expenditures out of the proceeds of said future bond issues. The maximum principal amount of said future bond issues expected to be used for said reimbursement is $630,000. Said expenditures include without limitation expenditures for the acquisition, construction, furnishing, and equipping the Project; for reports, studies, and projections in connection 16 December 19, 1995 RESOLUTION NO. 95-157 with the Project; for engineering, surveying, and legal work in connection with the Project; and for other items directly related to the Project. 2. This resolution shall constitute a "Declaration of Official Intent" within the meaning of Section 1.103-18 of the federal income tax regulations. 3. The Clerk of the Board of County Commissioners of the County is hereby directed to make a copy -of this resolution available for public inspection during regular business hours of the Office of the Clerk in the County Administration Building, beginning no later than 30 days following the adoption of this resolution and to keep the same available for public inspection at such place and during such hours until the date upon which the bond issues herein mentioned are issued and delivered by the County. This resolution shall take effect immediately upon its adoption. The resolution was moved for adoption by Commissioner Eggert , and the motion was moved for seconded by Commissioner Adams , and, upon being put to a vote, the vote was as follows: Chairman Kenneth R. Macht Aye Vice Chairman Fran Adams Aye Commissioner John W. Tippin Aye Commissioner Carolyn Eggert Aye Commissioner Richard Bird Aye The Chairman thereupon declared the resolution duly passed and adopted this 19 day of December , 1995. December 19, 1995 BOARD OF LINTY COMMISSIONERS INDI IVER COUNTY, IDA By e eth R. Macht, Cha rman 17 BOOK '6 PAGE 78 d '�.0' a 96 p4a 788 L. _ Central Wastewater Treatment Plant - Resolution to Reimburse Expenditures from Future Bond Issues The Board reviewed a Memorandum of December 13, 1995: DATE: December 13, 1995 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINT DIRECTOR OF UTIL PS�* PREPARED HARRY E. AS AND STAFFED ASSISTANT OF UTILITIES BY: DEPARTMENT OF%dOR ILITY SERVICES SUBJECT: RESOLUTION TO REIMBURSE EXPENDITURES FROM FUTURE TAX EXEMPT BORROWINGS BACKGROUND Attached is a resolution, which is a requirement in order to be able to reimburse for funds expended to construct the - Central Wastewater Treatment Plant Expansion to 2 MGD. RECOMMENDATION The staff of the Department of Utility Services recommends approval of the attached resolution. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously adopted Resolution No. 95-158 establishing intent to reimburse certain expenditures in connection with the Central Wastewater Treatment Plant Expansion to 2 MGD from the proceeds of future bond issues, as recommended in the memorandum. RESOLUTION NO. 95- 158 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING ITS INTENT TO REIMBURSE CERTAIN EXPENDITURES IN CONNECTION WITH THE CENTRAL WASTEWATER TREATMENT PLANT EXPANSION TO 2 MGD FROM THE PROCEEDS OF FUTURE BOND ISSUES, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Indian River County, Florida (the County) expects to make certain expenditures in connection with the Central Wastewater Treatment Plant Expansion to 2 MGD Project of the County; and, 18 December 19, 1995 _ M M RESOLUTION NO. 95-158 WHEREAS, the County intends to reimburse itself for said expenditures from the proceeds of future bond issues; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY# FLORIDA, that: 1. The County expects to make certain expenditures in connection with the Central.Wastewater Treatment Plant Expansion to 2 MGD Project of the County (the Project). The County intends to finance said expenditures by the issuance of one or more future bond issues. Some or all of said expenditures are expected to be paid prior' to the issuance of said future bond issues. Therefore, said expenditures will be paid from the Utility Operating Fund, the Utility Impact Fee Fund, and the Utility Special Assessment Project Fund of the County. The.County intends to reimburse said funds for said expenditures out of the proceeds of said future bond issues. The maximum principal amount of said future bond issues expected to be used for said reimbursement is $5,500,000. Said expenditures include without limitation expenditures for the acquisition, construction, furnishing, and equipping the Project; for reports, studies, and projections in connection with the Project; for engineering, surveying, and legal work in connection with the Project; and for other items directly related to the Project. 2. This resolution shall constitute a "Declaration of Official Intent" within the meaning of Section 1.103-18 of the federal income tax regulations. 19 December 19, 1995 Bou 96 pAu 78 RESOLUTION NO. 95-158 3. The Clerk of the Board of County Commissioners of the County is hereby directed to make a copy of this resolution available for public inspection during regular business hours of the Office of the Clerk in the County Administration Building, beginning no later than 30 days following the adoption of this resolution and to keep the same available for public inspection at such place and during such hours until the date upon which the bond issues herein mentioned are issued and delivered by the County. This resolution shall take effect immediately upon its adoption. The resolution was moved for adoption by Commissioner Eggert , and the motion was moved for seconded by Commissioner Arlamc , and, upon being put to a vote, the vote was as follows: Chairman Kenneth R. Macht Aye Vice Chairman Fran Adams Aye Commissioner John W. Tippin Aye Commissioner Carolyn Eggert Aye Commissioner Richard Bird Aye The Chairman thereupon declared the resolution duly passed and adopted this 19 day of December , 1995. BOARD PIA5 COUNTY CO ISSIONERS INDI RIVER C ORIDA Attest: v �`�. By neth R. Macht, Chairman O December 19, 1995 Intfian Riva CO. Approved Oete Admin a- 13 415 Legal V &r\ `t'` l Budget 3 4 Utilities Rick Mgr. 20 M. South County Wastewater Treatment Plant - Resolution to Reimburse Expenditures from Future Bond Issues The Board reviewed a Memorandum of December 13, 1995: DATE: December 13, 1995 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTIL PREPARED HARRY E. AS AND STAFFED ASSISTANT OR OF UTILITIES BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: RESOLUTION TO REIMBURSE EXPENDITURES FROM FUTURE TAX EXEMPT BORROWINGS BACKGROUND Attached is a resolution, which is a requirement in order to be able to reimburse for funds expended to construct the - South County Wastewater Treatment Plant Expansion to 2 MGD. The staff of the Department of Utility Services recommends approval of the attached resolution. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously adopted Resolution No. 95-159 establishing intent to reimburse certain expenditures in connection with the South County Wastewater Treatment Plant Expansion to 2 MGD from the proceeds of future bonds issues, as recommended in the memorandum. RESOLUTION NO. 95- 159 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING ITS INTENT TO REIMBURSE CERTAIN EXPENDITURES IN CONNECTION WITH THE SOUTH COUNTY WASTEWATER TREATMENT PLANT EXPANSION TO 2 MGD FROM THE PROCEEDS OF FUTURE BOND ISSUES, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Indian River County, Florida (the County) expects to make certain expenditures in connection with the South County Wastewater Treatment Plant Expansion to 2 MGD Project of the County; and, PSI December 19, 1995 BOOK 96 pAu 791 Box 2 RESOLUTION NO. 95-159 WHEREAS, the County intends to reimburse itself for said expenditures from the proceeds of future bond issues; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The County expects to make certain expenditures in connection with the South County Wastewater Treatment Plant Expansion to 2 MGD Project of the County (the Project). The County intends to finance said expenditures by the issuance of one or more future bond issues. Some or all of said expenditures are expected to be paid prior to the issuance of said future bond issues. Therefore, said expenditures will be paid from the Utility Operating Fund, the Utility Impact Fee Fund, and the Utility Special Assessment Project Fund of the County. The County intends to reimburse said funds for said expenditures out of the proceeds of said future bond issues. The maximum principal amount of said future bond issues expected to be used for said reimbursement is $6,500,000. Said expenditures include without limitation expenditures for the acquisition, construction, furnishing, and equipping the Project; for reports, studies, and projections in connection with the Project; for engineering, surveying, and legal work in connection with the Project; and for other items directly related to the Project. 22 December 19, 1995 RESOLUTION NO. 95-159 2. This resolution shall constitute a "Declaration of Official Intent" within the meaning of Section 1.103-18 of the federal income tax regulations. 3. The Clerk of the Board of County Commissioners of the County is hereby directed to make a copy of this resolution available for public inspection during regular business hours of the Office of the Clerk in the County Administration Building, beginning no later than 30 days following the adoption of this resolution and to keep the same available for public inspection at such place and during such hours until the date upon which the bond issues herein mentioned are issued and delivered by the County. This resolution shall take.effect immediately upon its adoption. The resolution was moved for adoption by Commissioner Eggert , and the motion was moved for seconded by Commissioner Adams , and, upon being put to a vote, the vote was as follows: Chairman Kenneth R. Macht Aye Vice Chairman Fran Adams Aye Commissioner John W. Tippin Aye Commissioner Carolyn Eggert Aye Commissioner Richard Bird Aye The Chairman thereupon declared the resolution duly passed and adopted this 19 day of December , 1995. Attest: 23 December 19, 1995 BOARDL UNTY CO IONERS INDI R C Y, _ RIDA By enneth R. Macht, Cha rm n BOOK 96 PJE 793 wx ` PA.n 794 N. C.R. 510 Force Main - Resolution to Reimburse Expenditures from Future Bond Issues The Board reviewed a Memorandum of December 13, 1995: DATE: TO: FROM: PREPARED AND STAFFED BY: SUBJECT: BACKGROUND December 13, 1995 JAMES E. CHANDLER COUNTY ADMINISTRATOR TERRANCE G. PINTO DIRECTOR OF UTI S HARRY E. AS ASSISTANT99 OR OF UTILITIES DEPARTMENT OF UTILITY SERVICES RESOLUTION TO REIMBURSE EXPENDITURES FROM FUTURE TAX EXEMPT BORROWINGS Attached is a resolution, which is a requirement in order to be able to reimburse for funds expended to construct the - C.R. 510 Force Main from the beach area to U.S. Highway One. The staff of the Department of Utility Services recommends approval of the attached resolution. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously adopted Resolution No. 95-160 establishing intent to reimburse certain expenditures in connection with the C.R. 510 Force Main from the Beach Area to U.S. Highway One from the proceeds of future bonds issues, as recommended in the memorandum. RESOLUTION NO. 95- 160 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY# FLORIDA, ESTABLISHING ITS INTENT TO REIMBURSE CERTAIN EXPENDITURES IN CONNECTION WITH THE C.R. 510 FORCE MAIN FROM THE BEACH AREA TO U.S. HIGHWAY ONE FROM THE PROCEEDS OF FUTURE BOND ISSUES, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Indian River County, Florida (the County) expects to make certain expenditures in connection with the C.R. 510 Force Main from the Beach Area to U.S. Highway One Project of the County; and, 24 December 19, 1995 RESOLUTION NO. 95-160 WHEREAS, the County intends to reimburse itself for said expenditures from the proceeds of future bond issues; NOW, THEREFORE, BE IT RESOLVED BY TEE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY# FLORIDA, that: 1. The County expects to make certain expenditures in connection with the C.R. 510 Force Main from the Beach Area to U.S. Highway One Project of the County (the Project). The County intends to finance said expenditures by the issuance of one or more future bond issues. Some or all of said expenditures are expected to be paid prior to the issuance of said future bond issues. Therefore, said expenditures will be paid from the Utility Operating Fund, the Utility Impact Fee Fund, and the Utility Special Assessment Project Fund of the County. The County intends to reimburse said funds for said expenditures out of the proceeds of said future bond issues. The maximum principal amount of said future bond issues expected to be used for said reimbursement is $1,000,000. Said expenditures include without limitation expenditures for the acquisition, construction, furnishing, and equipping the Project; for reports, studies, and projections in connection with the Project; for engineering, surveying, and legal work in connection with the Project; and for other items directly related to the Project. 25 December 19, 1995 MR IN p4n 795 Aff IBOGK `f�gL'E 796 RESOLUTION NO. 95-160 2. This resolution shall constitute a "Declaration of Official Intent" within the meaning of Section 1.103-18 of the federal income tax regulations. 3. The Clerk of the Board of County Commissioners of the County is hereby directed to make a copy of this resolution available for public inspection during regular business hours of the Office of the Clerk in the County Administration Building, beginning no later than 30 days following the adoption of this resolution and to keep the same available for public inspection at such place and during such hours until the date upon which the bond issues herein mentioned are issued and delivered by the County. This resolution shall take effect immediately upon its adoption. The resolution was moved for adoption by Commissioner Eggert , and the motion was moved for seconded by Commissioner Adams , and, upon being put to a vote, the vote was as follows: Chairman Kenneth R. Macht Aye Vice Chairman Fran Adams Aye Commissioner John W. Tippin Aye Commissioner Carolyn Eggert Aye Commissioner Richard Bird Aye The Chairman thereupon declared -the resolution duly passed and adopted this .19 day of Decemher , 1995. Attest: 26 December 19, 1995 BOARD f OUNTY COMMI SIONERS INDIANER CO , IDA By Ole enn R. M cht, Chairman O. 26th Street Water Main - Resolution to Reimburse EVenditures from Future Bond Issues The Board reviewed a Memorandum of December 12, 1995: DATE: TO: FROM: PREPARED AND STAFFED BY: SUBJECT: BACKGROUND December 12, 1995 JAMES E. CHANDLER COUNTY ADMINISTRATOR TERRANCE G. PINTO DIRECTOR OF UTILITIES HARRY E. AS ASSISTANT TOR OF UTILITIES DEPAR OF UTILITY SERVICES RESOLUTION TO REIMBURSE EXPENDITURES FROM FUTURE TAX EXEMPT BORROWINGS Attached is a resolution, which is a requirement in order to be able to reimburse for funds expended to construct the water expansion plan - 26th Street Water Main. RECOMMENDATION The staff of the Department of Utility Services recommends approval of the attached resolution. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously adopted Resolution No. 95-161 establishing intent to reimburse certain expenditures in connection with the 26th Street Water Main Extension from the proceeds of future bonds issues, as recommended in the memorandum. RESOLUTION NO. 95- 161 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING ITS INTENT TO REIMBURSE CERTAIN EXPENDITURES IN CONNECTION WITH THE 26TH STREET WATER MAIN EXTENSION FROM THE PROCEEDS OF FUTURE BOND ISSUES, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Indian River County, Florida (the County) expects to make certain expenditures in connection with the 26th Street Water Main Extension Project of the County; and, WHEREAS, the County intends to reimburse itself for said expenditures from the proceeds of future bond issues; 27 December 19, 1995 BOON 96 .Pl1rF 79 7 BOCK 96 WE 798 RESOLUTION NO. 95-161 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The County expects to make certain expenditures in connection with the 26th Street Water Main Extension Project of the County (the Project). The County intends to finance said expenditures by the issuance of one or more future bond issues. Some or all of said expenditures are expected to be paid prior to the issuance of said future bond issues. Therefore, said expenditures will be paid from the Utility Operating Fund, the Utility Impact Fee Fund, and the Utility Special Assessment Project Fund of the County. The County intends to reimburse said funds for said expenditures out of the proceeds of said future bond issues. The maximum principal amount of said future bond issues expected to be used for said reimbursement is $2,000,000. Said expenditures include without limitation expenditures for the acquisition, construction, furnishing, and equipping the Project; for reports, studies, and projections in connection with the Project; for engineering, surveying, and legal work in connection with the Project; and for other items directly related to the Project. 2. This resolution shall constitute a "Declaration of • Official Intent" within the meaning of Section 1.103-18 of the federal income tax regulations. 28 December 19, 1995 i r � � RESOLUTION NO. 95-161 3. The Clerk of the Board of County Commissioners of the County is hereby directed to make a copy of this resolution available for public inspection during regular business hours of the Office of the Clerk in the County Administration Building, beginning no later than 30 days following the adoption of this resolution and to keep the same available for public inspection at such place and during such hours -'until the date upon which the bond issues herein mentioned are issued and delivered by the County. This resolution shall take effect immediately upon its adoption. The resolution was moved for adoption by Commissioner Eggert , and the motion was moved for seconded by Commissioner Adams , and, upon being put to a vote, the vote was as follows: Chairman Kenneth R. Macht Aye Vice Chairman Fran Adams Aye Commissioner -John W. Tippin Aye Commissioner Carolyn Eggert Aye Commissioner Richard Bird Aye The Chairman thereupon declared the resolution duly passed and adopted this j_ day of December , 1995. Attest: December 19, 1995 29 BOARD OF By R. Macht, BOOK 96 PACE 799 Box 96 PgE 800 P. Cancellation of Outstanding Taxes - Three Properties Purchased for County Use from K. Zimmerman, V. & R. Silva: Allied Investors, Inc. The Board reviewed a Memorandum of December 13, 1995: TO: Board of County Commissioners FROM: Lea R. Keller, CLA, County Attorney's Office THRU: Charles P. Vitunac, County Attorney DATE: December 13, 1995 RE: CANCELLATION OF OUTSTANDING TAXES PROPERTY PURCHASED FOR COUNTY USE The County recently acquired some rights-of-way and lots by Purchasing, 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. REQUESTED ACTION: Board authorize the Chairman to sign the attached resolutions cancelling taxes upon lands the County recently acquired. Attachment: Resolutions - Parcel #13-33-39-00000-7000-00008.0 Parcel #13-33-39-00000-7000-00008.0 Karl Zimmerman R/W - South side Fourth Street Parcel #05-33-39-00004-0020-00001.0 Victor and Ruth Silva R/W - 58th Avenue Parcel #13-33-39-00000-1000-00023.0 Allied Investors, Inc. R/W - Fourth Street ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously adopted Resolutions 95-162, 95-163, and 95-164 canceling certain delinquent taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes, on the parcels set forth, as recommended in the memorandum. 30 December 19, 1995 ( ravi sad £orm w/stamp ) 1 2 / 6 / 9 5 (raao\t axes) Vk _ 1 6 6 Re: R/W - South side Fourth Street Parcel #13-33-39-00000-7000-00008.0&9.0 Karl Zimmermann RESOLUTION NO. 95- 16 2 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 O. R. Book 1082, Page 466, which was recently acquired by Indian River County for right of way purposes on the mouth side of 4th Street, 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. 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 Chairman thereupon declared the resolution duly passed and adopted this _1C day of nPrPmhPr , 1995. �.�A1 Berton,. Cler n �tachment: Legal D cription 31 December 19, 1995 BOARD OF UNTY COMMISSIONERS INDIAN VER CO Y, RIDA By neth R. Mac t, Chairman BOOK 96 PAr;E 801 Box 96 f4a 802 RESOLUTION NO. 95-162 RECORD $ 10.50 AUC ST 507.50 Prepared By and Return to: Pam S. Canady, C.L.C. COl►O 01MALTR LAND TITLE INSURANCE COMPANY 2601 20th Street Vero Beach, FL 32960-3049 (407) 562-9006 File No.: VB30032 Property Appraisers Parcel ID#: 13-33-39-00000-7000-00008/0' Grantee(s) S.S.#(s): 13-33-39-00000-7000-00009/01 From the Northeast corner of the Northwest 1/4 of the Southeast 1/4 bf Section 13, Township 33 South, Range 39 East, run West 550 feet to the point of beginning; from - said point of beginning run West 140 feet; thence South 104.5 feet; thence East 140 feet; thence North 104.5 feet to the point of beginning. AND PARCEL 2s From the Northeast corner of the Northwest 1/4 of the Southeast 1/4 of Section 13, Township 33 South, Range 39 East, run West 480 feet to the point of beginning; from said point of beginning run West 70 feet, thence South 104.5 feet; thence East 70 feett thence North 104.5 feet to the point of beginning. TO HAVE AND TO HOLD, the same in fee simple forever. AND the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever. 32 December 19, 1995 WARRANTY DEED THIS INDENTURE, made NOVEMBER 30TH, 1995 between: KARL Z1N=RNANN1 AN UNMARRIED ADULT whose post office address is: P. 0. BOX 3626 VERO BEACH, FLORIDA 32964-3626 hereinafter called the grantor, to: INDIAN RIVER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA 9 whose post office address is: 1840 25TH STREET 9 VERO BEACH, FLORIDA 32960 hereinafter called the grantee: ("grantor" and "grantee" are used for singular or plural, as context requires) is WITNESSETH: That the grantor, for and in consideration of the sum of ($10.00) Dollars, and other TEN and No/100 good and valuable consideration to the grantor the grantee, the receipt of which is hereby in nandaid acknowledged, has granted, to the grantee, and grantee's heirs and assigns forever, the following bargained soldy situate, lying and being in Indian River County, Florida, to -wit: described land, _ PARCEL 1: �• From the Northeast corner of the Northwest 1/4 of the Southeast 1/4 bf Section 13, Township 33 South, Range 39 East, run West 550 feet to the point of beginning; from - said point of beginning run West 140 feet; thence South 104.5 feet; thence East 140 feet; thence North 104.5 feet to the point of beginning. AND PARCEL 2s From the Northeast corner of the Northwest 1/4 of the Southeast 1/4 of Section 13, Township 33 South, Range 39 East, run West 480 feet to the point of beginning; from said point of beginning run West 70 feet, thence South 104.5 feet; thence East 70 feett thence North 104.5 feet to the point of beginning. TO HAVE AND TO HOLD, the same in fee simple forever. AND the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever. 32 December 19, 1995 RESOLUTION NO. 95-162 TO covenants, restrictions, easements of record and taxes accruing subsequent to 31, 1995. WHEREOF, the grantor has signed and sealed these presents the day and year written. snalel apd elivered in our presence: ��/�y ` Witness: Pamela S. Canady Aqesfterp-h—a n i e- State of FLORIDA County of INDIAN RIVER 7ARL ZIMME CONTINUATION OF WA PARTY DEED THE FOREGOING instrument was acknowledged befor� me ysn KARL ZIMMERMANN , who has produced his Florida Dr er, My Commission Expires: � ' "'••., PAMELA S. CMADY .,; *• ;� MY CONS M / CC274427 EXPIRES ,,. FeM: wy 3. ION sOHDE0TMN1iHOYPAN MJRNiCE,K (s— i ®ad ! osm w/ at smp ) Re: R/W - Parcel #124, 58th Avenue Parcel #05-33-39-00004-0020-00001.0 Victor & Ruth Silva Notary Signature APPROVED AS TO FORM AN L G L SUFFICIENCY: Charles P. Vltunac County Attorney 30TH, 1995 by .as identification. PAMELA S. CAMADY Printed Notary Signature 12/6/95(soao\tdxae)Vic. 167 RESOLUTION NO. 95- 163 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TABES 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 33 December 19, 1995 Boil{ '9PA aE 0'3 B60K 9 6 ?JE804 RESOLUTION NO. 95-163 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 1082, Page 2650, which was recently acquired by Indian River County for right of way purposes on 58th Avenue, 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. The resolution was moved for adoption by Commissioner E gaert 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 Chairman thereupon declared the resolution duly passed and adopted this 1q day of DPrPmhPr, 1995. on, C Pttach?ment.- Legal tdscription BOARD OF LINTY COMMIabhairm INDI"R.CMachSy, By Statutory Warranty Deed ii/zs/estaa0az�sag..B�nrv:c Parcel #124 - R/W - 58th Ave. Tax ID #05-33-39-00004-0020-00001.0 �v I 0 OQ IN 1-14F RECORD !`i O JEFFREY K. P V 11 OM CLERK CIRCU!T COUR-T STATUTORY WARRANTY DEED INDIAN RIVES; CO.. FLA. THIS INDENTURE, made this day of 1995, between VICTOR H. SILVA and RUTH M. SILVA, his wife, whose address is 5800 23rd Street, Vero Beach, FL 32966, GRANTOR, 34 December 19, 1995 u RESOLUTION NO. 95-163 DOCUMENTARY STAMPS and DEED $70-00 NOTE $ INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose address is 1840 25th 1EFFRFY K. RARMN, CLERK Street, Vero Beach, FL 32960, GRANTEE, INDIAN RIVER COUNTY WITNESSETH: That GRANTOR, for and in consideration of the sum of $10.00 and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt of which is hereby acknowledged, has granted, bargained, and sold to the GRANTEE, and GRANTEE'S heirs and assigns forever, the following described land, situate, lying, and being in Indian River County, Florida: EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF and GRANTOR does hereby fully warrant the title to the land, and will defend the same against= the lawful claims of all persons whomsoever. Signed in the presence of: sign: 1% Witness Do>a N� printeja me: si ..-. ' printed name:,S4VD"L-. IdR.iblfr- STATE OF FLORIDA COUNTY OF INDIAN RIVER APPROVED AS TO FOMA AND • GAL UFFICIENC i . harles P. Vitunac County Attorney The foregoing instrument was acknowledged before me this day o , 1995, by VICTOR H. SILVA and RUTH M. SILVT his wife. They are personally known to me or produced � . Zs;WA'�r f�?.e44c-g as Identification. O sign: _ dcp. (�,�,� CD Notary PublicNv r I printed name: `9 .b rt.,q- `.(o)j'6 f..T N �f Commission # cri This document was prepared by . •�' "',� GAMM L. Cil and ehculd bA rQtrrned to•: :• �' t tx319934 a the County A:.!ornay a (Office, 1840 20-1b St., V.:!ro Beach, florids $2960 35 December 19, 1995 Wilk Mr X.1899 eopP N M morffiNWAVW W, BOOK ' 96 PAGE 805 W a% SCALE: 1`=40' CEIMFICA7M 150' = ---�---- Plat a registered Professional Surveyor and Mapper licensed to practice in the state of Florida, that this sketch was made under my immediate supervision, and that it is accurate and correct. I further certify that this sketch meets the Minimum Technical standards. -as described in Chapter 61G17 of the Florida Administrative Code, pursuant to F.S. Ito 15' 3 :�=:.�-��•'ir.: I I I /� I I I • ENGINEERING DEPARTMENT FMI THIS IS NOT A SURVEY I ^ ' I •r N I LEGA. DESCRIPnON— — ------ 75' Doel �C The East 15 feet of Lots 1 2, Block the East 75 feet of I , V o and 2, according to the plat ( I �! p of Rivera Estates recorded in Plat Book 1,I I IL Page 12 of the Public Records of Indian o c River County, Florida. I b I o Lying in Indian River County, Florida. I I I I y I I10 --___-- 15' 25' 23RD STREET 150 (Poinciana Plat Ave — Plat) SCALE: 1`=40' CEIMFICA7M I, Charles A. Cramer, hereby certify that I am a registered Professional Surveyor and Mapper licensed to practice in the state of Florida, that this sketch was made under my immediate supervision, and that it is accurate and correct. I further certify that this sketch meets the Minimum Technical standards. -as described in Chapter 61G17 of the Florida Administrative Code, pursuant to F.S. Chapter 472. :�=:.�-��•'ir.: PREPARED FOR INDIAN RIVER COUNTY /� .I,l .,1.. ,, • ENGINEERING DEPARTMENT j;,: •,:; THIS IS NOT A SURVEY Charles A. Cramer, P.S.M. Reg. #4094 Indian River County Surveyor �S9Z�dZ801Ho 1840• :*if!*! iS�1/ (407) 567-8000 Beach, FL 32960 SKETCH TO ACCOMPANY LEGAL DESCRIPTION Date c� a W In O Ci H H zz z O W Ul 1 N ON W ( rav i aad Form Re: R/W - Fourth Street Parcel #13-33-39-00000-1000-00023.0 Allied Investors, Inc. RESOLUTION NO. 95- 164 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 O. R. Book 1082, Page 2643, which was recently acquired by Indian River County for right of way purposes on 4th Street, 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. 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 Chairman thereupon declared the resolution duly passed and adopted this Iq day of DprPmhPr , 1995. BOARD OF UNTY IO INDIAN IVER COLINTY, FLO D t: By enneth R. Macht, Chairman art n, C k ttachment: Lega escription OF] December 19, 1995 Boor, 96 F'acf.81 5D 1 o'er BOOK 96 PAGE 808 RESOLUTION NO. 95-164 Statutory Warranty Deed UVVk Fourth Street - R/W DOCUMENTARY STAMPS Tax ID #13-33-39-00000-1000-00023.0 DEED $ 27,3a NOTE $ STATUTORY WARRANTY DEED JFFFRFY K. RARTnN, CLERK INDIAN RIVER COUNTY THIS INDENTURE, made this '30 day of�r , 1995, between ALLIED INVESTORS, INC. , a Florida corporation, the address of which is 1966 Windward Way, Vero Beach, FL 32963, GRANTOR, and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose address is 1840 25th Street, Vero Beach, FL 32960, GRANTEE, IN THE RECORDS OF JEFFREY K. SAWON WITNESSETH: CLERK CIRCUIT COURT INDIAN RIVER CO., FLA. That GRANTOR, for and in consideration of the sum of $10.00 and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt of which is hereby acknowledged, has granted, bargained, and sold to the GRANTEE, and GRANTEE'S heirs and assigns forever, the following described land, situate, lying, and being in Indian River County, Florida: EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF and GRANTOR does hereby fully warrant the title to the land, and will defend the same against the lawful claims of all tenons whomsoever. Signed i the presence of: sign: Witness printed name: N�� sign: r Witness printed name: A'7E-4VbV.4 /�• ('o LOiAA December 19, 1995 38 a 0 y - .. Barbara E. Mastellone President (SEAL) APPROVED AS TO FORM AND EGA 8U FICiENCY: Q - Charles P. Vltunac County Attorney STATE OF FLORIDA COUNTY OF INDIAN RIVER RESOLUTION NO. 95-164 The foregoing instrument was acknowledged before me this��f.6 day of , 1995, by Barbara E. Mastellone, as President of ALLIEDr INVESTORS, INC . , a Florida corporation, on behalf of said corporation. She is personally known to me or produced as identification. sign: W2//AW_ ,- otary Pub c printe`ti' e: Commission # _ LMNICIRIY NA H. COLEMAN~v U i�4blic, S18ta M Florid(�2tt i .Q: ��. Exp. O.M. 14, 1997�!!preppedb • ' '� n-.• . Na CC3235. arc' ehoa�ri be retizr ed to th ' An 1F� .z:. �>�o '-�I'o a'ff#ee, '� !y,',• �, t? �1 r4h St., Vero ]Beach, Florida 32960 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 111 THE NORTH 15.00 FEET OF THE SOUTH 85 FEET OF THE WEST 87.7 FEET OF THE EAST 691.0 FEET OF THE SOUTH 302.17 FEET OF THE SOUTHWEST ONE— QUARTER OF THE NORTHEAST ONE—QUARTER OF SECTION 13, TOWNSHIP 33 SOUTH, RANGE 39. EAST, INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL CONTAINS 1,316 SQUARE FEET OR 0.03 ACRES MORE OR LESS. SAID PARCEL BEING SUBJECT TO ANY/ALL EASEMENTS, RESERVATIONS, RESTRICTIONS AND DEDICATIONS. �o co N ro N Cn EEXHIBIT "A.l 39 BOOK 96 P4,,E 809 December 19, 1995 Bou 96 PnE 810 Q. 1996 Firefighters/Indian River County Fair The Board reviewed a Memorandum of December 12, 1995: TO: Board of county Commissioners FROM: Lea R. Keller, CLA, County Attorney's Office THRU: Charles P. Vitunac, County Attorney DATE: December 12, 1995 RE: 1996 Firefighters/Indian River County Fair The 1996 fair dates are March 15 - 23, and the attached documents authorize the Firefighters to hold the 1996 fair on behalf of the County. Our appli- cation package is ready to be submitted to the state so that the County will receive its 1996 fair permit. Requested Action: Board authorize the Chairman to execute the necessary documents and the County Attorney's Office to proceed to submit the completed package to the state along with the required $275.00 permit fee. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously authorized execution of the necessary documents for submission to the State for the 1996 fair permit along with the $275 permit fee, as recommended in the memorandum. COPY OF APPLICATION AND AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD R. Release of Lien Against .Tames White The Board reviewed a Memorandum of December 12, 1995: TO: Board of County Commissioners FROM: Terrence P. O'Brien - Assistant County Attorney DATE: December 12, 1995 RE: LIEN BY INDIAN RIVER COUNTY AGAINST JAMES WHITE In 1979 Jim Walter Homes, Inc. became the mortgagee of Mr. White's Property and this . mortgage is now held by Mid -State Trust II on assignment from Jim Walter. In 1981 the County obtained a lien of $1,091-84 against James A. White et al. for removal of a nuisance structure from Lots 8 and 9, Block 2, Hillside Subdivision. 40 December 19, 1995 r � � Mr. Spicola, attorney for Mid -State Trust II is in the process of restructuring the mortgage in order to allow the owners to stay in the property in lieu of foreclosure. Mr. Spicola has asked the County to accept $750.00 in satisfaction of the lien. He points out the Indian River County lien is inferior to the first mortgage and the lien will expire in five years. Additionally, it appears that the property is homestead property. Letters from Mr. Spicola are attached. In view of the foregoing, it appears that the chance of recouping the lien with interest is remote. The offer of $750.00 is probably all that will ever be realized. Accordingly, it would appear to be in the County's best interest to accept the ,$750:00 and release the lien. Recommendation: Accept partial payment and authorize the chairman to execute a release of lien. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously agreed to accept partial payment in satisfaction of the lien against James White and authorized execution of a release of lien, as recommended in the memorandum. RELEASE WILL BE RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY S. Letter of Understanding - Indian River Hospital District Florida Department of Health and Rehabilitative Services The Board reviewed a Memorandum of December 14, 1995: TO: Board of Co(u�nty) Commissioners FROM: Charles P. Vitunac, County Attorney DATE: December 14, 1995 RE: Letter of Understanding Indian River Hospital District The Hospital District . would like the Board of County Commissioners' concurrence with the attached Letter of Understanding regarding medical programs offered in this county. As far as this office can tell this letter accurately reflects the status of the programs and we would recommend that the Board execute the attached letter. Recommendation: Staff recommends approval and authorization for the Chairman to sign on behalf of the Board of County Commissioners. 41 BOOK 96 Pvt 8ll December 19, 1995 BOOK ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved the proposed Letter of Understanding with the Florida Department of Health and Rehabilitative Services (Indian River County Public Health Unit), and the Indian River Hospital District regarding medical programs offered in this county, as recommended in the memorandum. LETTER OF UNDERSTANDING PLACED ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD PUBLIC HEARING - 45th STREET WATER SERVICE RESOLUTION III VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press-Joumal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a�BD_1i U in the matter of1't a/19% 1 �7/.� dYi �, f �2=t in the t Court, was pub- lished in said newspaper in the issues of O� A , �I C / ( 9 9J Affiant further says that the said Vero Beach Press-Joumal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said ne spaper. S'+piATr�; >lrj&13ubscribed before me this day of Jlft? A.D. 19 �;, .�•� t .moi ; (Business Manager) Jrrr, ones ' R BARBARA C SPRAGUF. NOTARY PUBLIC, y f 'si Ct1t29, 3009! 79H7 ^u •'2 CumOrmss on Nurntx . Gf,30°572 (S rA ,, ' �- ,, • 3!gnedla� - 'i'� '.�.rc� �' urn► Nu:;,ry aAR3ARA r, SPRAGI I 42 December 19, 1995 96 pAu,812 Re: (I TIUM PUBLIC W -MM WATER ASSESSMENT PROJECT River C-q� FbrI It�bi provides rmwUc a of PUBLIC HEAfiOVt; srdred , for 9:05 A.M. on Tuesday . December 19, 1995, at to County Can. mrssronn Chambers i the Countryy AdmtNstratlon Budding 1840 25th Street, Vero &adt, Florida, to C ASSESSMENT Cresokifian T�in Indian River 45th4atalafbn of WATER SERVICE TO assess- ment sIlens to be made of record on propenes b,terested wun may at the rt� and with MSPW ssewnerd. Anyone who thwanis the WtooP,oaed aro-s �dopanernta may do so at the= Services 1840 25th Street, Vero Beach, Fbrida. � rho Inay wish to glaeal any decision wreck meemg will need to ensure a verbaft recall of the proceedings Is made, ' which irk testlrruny end eviden a upon which tine appeal Is based. Anyone who needs a spaced accommodation for 1 nay t the County's Ammicarns , with Dues Act (ADA) Coordinator at 000 587- C. pE,xt. 408, at least 48 fnours in advance of the ' Nov. 2�, 0910.1.1985 1255160 � i 807 The Board reviewed a Memorandum of December 6, 1995: DATE: DECEMBER 6, 1995 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR - FROM: TERRANCE G. PINTO DIRECTOR OF UTIP1; VICES PREPARED JAMES D. CHASTA AND STAFFED MANAGER OF ASS NT PROJECTS BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: 45TH 40!REET WATER SERVICE _ RESOLUTION III - PUBLIC HEARING INDIAN RIVER COUNTY PROJECT NO. UW -94 -13 -DS WIP NO. 473-000-169-239.00 BACKGROUND On November 21, 1995, the Indian River County Board of County Commissioners approved Resolutions 95-147 (Resolution I) and 95-148 (Resolution II). Resolution I contained the preliminary assessment roll. Resolution II established the. date of the public hearing for the subject project. Property owners have been. notified of the public hearing by certified mail. Resolution I (95-147) was published in the PRESS JOURNAL on November 29, 1995. (See attached agenda item and minutes of the above meeting.) ANALYSIS Design of the water distribution system is complete. Approval of the attached Resolution III will confirm and approve the preliminary assessment. An informational meeting was held for the benefit of the property owners on December 5, 1995 at 7:00 p.m. in the County Commission Chambers. The attached map displays the area to benefit from the assessment project. The project will generally serve the following described areas: Kinas Highlands - 48 platted lots - 56th to 58th Avenues, 45th to 47th Streets. Cavalier Estates - 126 platted lots - 47th Court to 50th Avenue, 45th to 47th Streets. Non -platted Parcels - 60 on. the north ,and south sides of 45th Street and throughout the project area for a total of 234 lots. Of the non -platted parcels, 16 are undersized, 26 are more than .50 acres and less than 2 acres- and 26 are 2 acres or more. Ninety-two (92) or 39% of the properties have improvements, including 63 residences, and 29 other, which include mobile homes, salvage yards, and retail stores. Typical lot sizes in this project average .23 acres. One hundred eighty four or 79% of the lots in this project are substandard or "undersized," according to Indian River County's Comprehensive Plan and the County Public Health Unit, Division of Environmental Health, which require that new lots utilizing well and septic systems be a minimum of one-half acre. Lots not meeting these minimum standards are called "undersized lots." Environmental Health Director, Mike Galanis, advised this project should be a high priority, especially due to the proximity of the salvage yards, mixed use commercial, and small mobile home parks. Glenn Schuessler, Assistant Director of Environmental Health, added that 43 BOOK 96 PnE813 December 19, 1995 the well water in this area is of poor quality. Attached is a June 22, 1995 memorandum from. Glenn Schuessler regarding private well/water sample analysis. Comments regarding the South Gifford Landfill precontamination reports by Brown and Caldwell for the Indian River County Solid Waste Disposal District: The site is 115 acres, west of 43rd Avenue, between 41st Street and 37th Streets (directly south of the 45th Street water service project). Several of the ground water samples near the landfill were found to contain chlorinated volatile organic compounds, including vinylchloride in concentrations exceeding State of Florida and Federal Drinking Water Standards. Sampling of private water supply wells in the vicinity of the site by the Indian River County Public Health Unit (a unit of the Florida Department of Health and Rehabilitative Services (HRS) resulted in samples of two wells located north of the site showing concentrations of trichloroethylene (TCE) in excess of federal maximum contaminant levels (MCLS) and Florida Drinking Water Standards. Field analytical data indicates that the zone where chlorinated volatile organic compounds were detected appear to be associated primarily with the northern portion of the landfill. The presence of precursor compounds in the ground water suggest that a limited source of release may still exist within the northern portion of the landfill. On August 17,.1995 the State Department of Environmental Protection required two homes at 4115 and 4116 48th Avenue in Palm Gardens subdivision be_c_onnected to County water due to contaminated water wells. In the "same subdivision, which is located approximately 1,000 feet south of the project area, the Palm Gardens Children's home at 4796 42nd Street, a limited care facility for disabled children, was required to connect to County water and install protection on March 20, 1995. -A special water line was installed for same, utilizing a developer's agreement. The total estimated project cost is $472,865.26, less a non - assessed Master Plan water main of $135,950.00. The total estimated cost to be assessed is $336,915.26. The estimated cost per square foot is $0.0676229. This project is to be paid through the assessment of property owners along the proposed water line route. In the interim, financing will be through the use of impact fee funds. Engineering design services for this project have been completed by the Department of Utility Services staff. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve Resolution III, which affirms the preliminary assessment on the subject project. Assessment Projects Manager James Chastain reviewed the memorandum and recommended approval of the proposed resolution. His presentation was enhanced by a plat map of the subject area; properties which would be assessed were shaded on the map. In response to Commissioner Adams' questions, Manager Chastain clarified the methods and criteria used in determining assessments. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. 44 December 19, 1995 Mike Stark of 4625 45th Street, owner of a salvage yard, spoke against the proposed resolution. He wondered why properties were assessed so differently. Responding to Mr. Stark's questions, Mr. Chastain explained the formulas in detail. He also explained the 150 -foot depth rule and added that certain properties have greater potential for future development, yet each property owner would be paying their fair share. He added that houses which are set back from the road with only a right of ingress/egress would have to petition for connection and be assessed. Mr. Chastain added that a number of those owners had said they wanted to connect -in order to get the water and fire protection. Mr. Stark concluded by saying that the $6,000 assessment for his salvage yard was too much. He thought a poll should be taken because most people did not want the water. Charles Sullivan, Sr., owner -of a junk yard, spoke at length against the resolution because there would be no benefit to his property by having the water line brought in. He felt he spoke on behalf of other property owners in the area as well and that his assessment of $7,000 was too much. He thought the people who wanted it should be charged, but it should not be forced on those who don't want it. Commissioner Bird reasoned there was great potential for industrial development in the area. Hurley Roundtree of 6566 First Street, S.W., grove owner, objected to the privilege of paying $6,000 for a water line he does not need. He plans to keep the property as a grove for a number of years. Charlie Schmidt of 260 Newport Drive spoke against the resolution complaining that he had already been assessed when water was brought to the back side of his property. Now . he was being assessed on the front side. Community Development Director Bob Keating explained development regulations under the subdivision ordinance and explained that if Mr. Schmidt's property was subdivided in the future, water would have to be brought in from both sides of his property. Commissioner Bird warned property owners not to be shortsighted and kill this proposal if they plan to sell or develop their property in the future. Tony Esposito of 4635 45th Street advised that his well water was fine at his salvage yard. He has 8-1/2 acres and a trailer park and can't subdivide the salvage yard and the water will not do 45 BOOK 96 PAGE 815 December 19, 1995 BOOK 96 P'AtE'816 him any good. He complained that the property owners should have been informed earlier. He believed the County should put in the line (tax free bond) and let people pay when they hook up. He is willing to pay $1,000-$1,200, but not $6,000. Leon Turnage of 4506 45th Street, owner of AAA Salvage, spoke against the project and felt that a $6,000 assessment is outrageous. He thought County taxpayers should pay for it. Richard Posnack owns property next to Mr. Sullivan and west of Mr. Stark. He was against the project at this time. His assessment would be $7,000. Linette Brown of Cavalier Estates spoke in favor of the project because she wanted good water for herself and her child. Leon Poster, who owns a house and lots in Cavalier Estates, spoke against the proposed assessment for water. He felt it was not right to force it on people. It was determined that no one else wished to be heard and the Chairman closed the public hearing. Commissioner Bird asked if there was any way to provide water for just those who want it and if there was any chance for grant money such as that received by Wabasso. Director Keating explained that grant money, if all criteria could be met, would be at least 3-4 years in the future and would only cover internal water lines, not the water lines on 45th Street to get the water out there. In response to Commissioner Adams, Mr. Chastain confirmed that an informational meeting had been held concerning this water service and 9 property owners had attended. All were residents, he believed, except Mr. Esposito. All property owners had been notified of the meeting. Commissioner Adams was concerned for people who had double frontage and, therefore, double assessments, and Commissioner Eggert asked about the 49th Street assessment. Utility Services Director Terry Pinto assured the Board that owners were not being assessed two times for the same property. If they already had been assessed on the 49th Street side, it was only for a portion of the property; and the 45th Street assessment would be for the other portion. If, by chance, something had slipped through, it definitely would be corrected. Director Pinto understood the salvage yard owners did not want to be assessed, but pointed out that those properties were sites of potential contamination of wells. 46 December 19, 1995 In response to Commissioner Bird, Director Pinto estimated that the County already had covered about $130,000 of the cost for this water service and if only the residential owners were assessed, it would drive their cost up substantially and the commercial areas would get a free ride. If the commercial or agricultural property owners were not assessed, the County would have to borrow the money, put in an inflation factor, and when the property is developed in the future, it would end up being much more costly. He also wondered whether the County was willing to carry the cost. Commissioner Bird felt the problem was because there was such a menagerie of property uses and sizes and there. -was such a small percentage of property owners who wanted the water service. He suggested the County run the line and charge a hook-up charge because he felt it was not right for many property owners who would not benefit, yet have to pay, to bring water to under -sized lots. He thought, however, that bringing water to the area would create development. Director Pinto responded that the cost then would have to be picked up through higher utility rates to all customers of the utility system. Environmental Engineer Robert Wiseman raised two points. First, he described how the cost to do this project now is lower than it will ever be, because the price for pipe is slowly going up. Secondly, he advised that rejecting it now doesn't mean that it will not have to be done in the future. He pointed out that several wells in the area have been declared non -potable and he believed that sooner or later the project would have to be done under the Clean Water Act. Director Pinto summed up saying that the cost for this project was less than other projects, the people would be getting the benefit, and the County was picking up a major portion of the total cost. Commissioner Eggert felt the benefit would be there. MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Tippin, to adopt Resolution No. 95-165 (Resolution III) confirming the special assessments in connection with a water main extension to 45th Street, as recommended by staff. Under discussion, Commissioner Tippin commented that he didn't know why it was so expensive in some areas. Because there is a 47 December 19, 1995 NoK 96 pAn 817 sox u6 pv,,E 818 serious water problem in this particular area, he reluctantly supported the motion. Commissioner Adams still was concerned that when there are mixed uses, the cost of the project gets spread out among all the property owners involved and perhaps an inordinate amount of the burden falls upon the commercial or agriculture property owner who is not interested in development but just running his business the best he can. Those property owners end up taking a lot of the burden off the smaller, subdivided properties. She felt it was an awkward situation, because the water is needed and there is a problem with some of the wells. She agreed with Commissioner Bird that the main line is important to development and is needed to rejuvenate the particular area. THE CHAIRMAN CALLED THE QUESTION and the motion carried 3-2 with Commissioners Adams and Bird opposed. Public Hearing ( Third Reso .) 22/1 / es c r•aso \ 45B=jg1rr, �k n RESOLUTION NO. 95- 165 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CONFIRMING THE SPECIAL ASSESSMENTS IN CONNECTION WITH A WATER MAIN EXTENSION TO 45th STREET AND PROVIDING FOR SPECIAL ASSESSMENT LIENS TO BE MADE OF RECORD. WHEREAS, the Board of County Commissioners of Indian River County has, by Resolution No. 95-147, adopted November 21, 1995, determined to make special assessments against certain properties to be serviced by a water main extension to 45th Street; and WHEREAS, said resolution described the manner in which said special assessments shall be made and how said special assessments are to be paid; and WHEREAS, the resolution was published in the Vero Beach Press Journal on November 29, 1995, as required by Section 206.04, Indian River County Code; and 48 December 19, 1995 M RESOLUTION NO. 95-165 WHEREAS, the Board of County Commissioners of Indian River County passed Resolution No. 95-148 on November 21, 1995, which set a time and place for a public hearing at which the owners of the properties to be assessed and other interested persons would have the chance to be heard as to any and all complaints as to said project and said special assessments, and for the Board to act as required by Section 206.07, Indian River County Code; and WHEREAS, notice of the time and place of the public hearing was published in the Press Journal Newspaper on Friday, November 24, 1995, and Friday, December 1, 1995 (twice one reek apart; the last being at least one week prior to the hearing), as required by Section 206.06, Indian River County Code; and WHEREAS, the land owners of record were mailed notices at least ten days prior to the hearing, as required by Section 206.06, Indian River County Code; and WHEREAS, the Board of County Commissioners of Indian River County on Tuesday, December 19, 1995s at 9:05 a.m. conducted the public hearing with regard to the special assessments; 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. The special assessments shown on the attached assessment roll are hereby confirmed and approved, and shall remain legal, valid, and binding first liens against the properties assessed until paid in full. 2. The Board finds that the properties assessed by this resolution will receive special benefits equal to or greater than the cost of the assessment. 3. The County will record the special assessments and this resolution, which describes the properties assessed and the amounts of the special assessments, on the public records, which shall constitute prima facie evidence of the validity of the special assessments. 49 December 19, 1995 BOOK 96 FAGF 819 BOOK 96 PnE 890 RESOLUTION NO. 95-165 The resolution was moved for adoption by Commissioner Eggert and the motion was seconded by Commissioner T i p p i n and, upon being put to a vote, the vote was as follows: Chairman Kenneth R. Macht A y e Vice Chairman Fran B. Adams N a y Commissioner Richard N. Bird N a y Commissioner Carolyn K. Eggert Aye Commissioner John W. Tippin A y e The Chairman thereupon declared the resolution duly passed and adopted this 19th day of December, 1995. Ok. BOARD CO Y C MMI ONERS IND IVER CO T , FLO IDA By Kenneth R . Macht Chairman tndim Fh-fr Ca Apgoved Date Admi n u Risk M gr.j Attachment: ASSESSMENT ROLL (to be recorded on Public Records) 800 MHz COMMUNICATIONS CONTRACT - ERICSSON, INC. The Board reviewed a Memorandum of December 9, 1995: TO: Honorable Board of County Commissioners THROUGH: Jim Chandler, County Admi istrator FROM: Doug Wright, Director Emergency Services DATE: December 9, 1995 SUBJECT: Proposed 800 MHz Communications Contract It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the meeting scheduled for December 19, 1995. DESCRIPTION AND CONDITIONS: On May 17, 1994, the Board of County Commissioners approved an 800 MHz Trunked Communications System Project based on a system as 50 December 19, 1995 described 'in a communications study completed in 1993 by a communications consultant. The infrastructure design was for approximately 1,000 users utilizing ten (10) channels simulcast east of I-95 on two new towers and two (2) conventional channels in the western part of the county utilizing an existing tower. The project was predicated on the fact that the County would construct the backbone with sufficient capacity to support the various users' radio equipment which each municipality, agency, or jurisdiction would purchase. The source of funding for the project was as follows: 1994 BCC APPROVED F'UNnrNa vnR Tenn titer. cven"F.. USE SOURCE SYSTEM Infrastructure One Cent Sales Tax User Equipment One Cent Sales Tax q$4,081.8 911 Surcharge TOTAL In January, 1995, Purchasing Manager Fran Powell contacted each major communications system vendor informing them of the County's intent to procure a communications system from an existing county contract. Each vendor was informed that, if they had an interest, in bR,mg considered as the system vendor, they should provide the County with a contract from which the County could consider piggybacking in lieu of doing an RFP. This was done with the knowledge that several larger counties in the state had already bid 800 MHz systems much larger than the one anticipated for this County, and it was felt better pricing could be obtained using this process. Ericsson, Inc., was the only vendor that responded favorably by providing contracts from Dade, Hillsborough, and Volusia counties. On April 18, 1995, the Board authorized staff to negotiate with Ericsson, Inc., for a communications system contract. Negotiations were initiated with Ericsson on May 4, 1995, and have been ongoing for approximately six (6) months. The negotiations have demanded significant research and contact with. various jurisdictions around the State to preclude common mistakes made by other entities during contract development in terms of system design, costs, radio coverage, terms and conditions, system acceptance procedures, and scope of services. Due to the technical issues involved, numerous meetings have been held and extensive staff time and effort has been devoted to this project. During the final phase of negotiations, the Board approved a staff request to utilize the services of Dick Warden, of Warden and Associates, to independently review and validate/not validate the proposed contract. Mr. Warden has been an asset and his firm was instrumental in bringing many issues back to the table for negotiation and resolution, which resulted in additional savings as well as improvement in the overall communications system. In detailing information and requirements through the negotiation process, a list of items developed that were not originally planned for. The result is an increase in the proposed cost from $4,081,800 to $5,776,373, an increase of $1,694,573 which includes $60,000 in funds for the County portion of tower cost sharing with TALCOM, INC. See Attachment "A-4" for reconciliation of the increased cost for the communications system. PROPOSED CONTRACT EXPENSE FOR 800 MHz SYSTEM USE 1994 BUDGET 1995 CONTRACT DIFFERENCE tructure $2,475,500 $3,855,064 $1,379,564 quipment 1,606,300 P*Includes 1,921,309 315 009 $4,081 800 $5,776,373* $1,694,573 * $60,000 to,cost sharing. The communications system cost has increased as a result of the equipment or features as follows: 51 December 19, 1995 BOOK 96 FnE 621 BDD9 96 pArF- 822 EQUIPMENT/FEATURE COST WITH 1993.1994 OR 1995 SYSTEM DESIGN 1. Mutual Aid (State required upgrade) - Since the original system design in 1993, the State has changed the design for mutual aid channels requiring the West multi -site tower to mirror the simulcast system East towers. This adds communications equipment not originally anticipated. Compliance must be achieved for the issuance of licenses by the FCC. 2. Additional Consoles - A total of three (3) additional consoles were added: two for the Vero Beach PSAP and one for the Sebastian dispatch location. 3. Digital Interface Backbone and User Equipment - Only mobile -to -mobile and portable -to -portable digital capability was included in the original system design. The digital interface was not included in the console switch to provide for digital capability throughout the system in terms of other consoles, talk groups, logging recorders, encryption, towers, and digital user equipment. 4. Telephone interconnect - The 1993 system did not include the capability of the radio system to interconnect with existing telephone systems. This equipment receives radio signals and converts the signal into a mode to interface with telephone lines. 5. Uninterrupted Power Supply (UPS) (One system each tower) - The original system provided for a minimal UPS system for the on-site computer memory retention only. The recommended system ensures continuous and transparent operation when electrical outages occur. EQUIPMENTI_F_EATURES REQUIRED TO E%PAND SYSTEM TO 15/5 1. Increase 10 -Chancel System to a 15 -Channel System (Both North and South Sites) - The original 10/2 channel system designed in 1993 was based on approximately 1,000 users. The number of users in 1995 totals 1,565 radios which requires a 15/5 channel system which the backbone must be designed to accommodate plus some potential growth is included. This is based on the FCC loading requirements of 100 radios per channel. It should also be noted that in the original survey in 1993, all radio users within the County did not indicate a preference to join the proposed system or did not respond to the survey. Other factors include more radios for the Sheriff's Office due to additional staffing and the oversight of not including the pump panel radios on fire engines or the rear mounted radios in ambulances. 2. Fifteen Channel Not Stand-by at Hobart Tower (Back-up system) - The 1993 system did not include a stand-by system, ready at all times to come on line in the event of failure of the simulcast mode of operation, preventative maintenance, or software upgrades. Without this capability, all users of the system would be out of service until the main system came back on line. 3. Seamless 5 -Chancel West Multi -Site - The original system did not include a West tower in the system design, rather the study anticipated utilizing an existing tower. The propagation study completed by Ericsson concluded that existing towers were not positioned in a location that would provide the necessary coverage for the Fellsmere and Turnpike area. The original system also included a requirement for the radio operator, when. traveling west, to physically switch the radio to the west tower when the signal became weak from the east transmitter sites. The recommended system makes the west tower a five channel seamless system which will automatically switch the radio and it will be transparent to the radio user ensuring coverage and personal safety. 4. Additional Installation/Engineering - Costs were not included in the original system design for additional installation and engineering for the 15/5 recommended communications system. 5. IRC User Equipment Accessories - The 1993 and 1994 system estimates did not detail any user equipment accessories such as batteries, chargers, microphones, etc. The 1995 proposal includes an expense for accessories in the amount of $87,829. 52 December 19, 1995 TOWERS: To address some of the larger items, the original communications system design in 1993 envisioned the construction of two towers east of I-95 and the utilization of an existing tower in the western part of the County, possibly the BellSouth Tower on SR 60 near Twenty Mile Bend. As stated above, after the Ericsson engineers completed the propagation study, it was very clear that the BellSouth Tower was not in the location needed to provide adequate coverage to the Fellsmere and Turnpike area. Staff then began to search for a suitable tower site in this area. After contacting Mr. Patrick Leary of SunAg (Fellsmere Farms) and receiving a favorable response, a lease agreement prepared by the County Attorney was approved by the Board on August 22, 1995, for a suitable tower site on the Fellsmere Farms property. Funds for the construction of this tower site are included in the proposed contract. Staff was anticipating a substantial expense for the construction of the two towers east of I-95 and it was a major effort to locate sites which would provide the level of coverage necessary in this largely residential area. In an effort to reduce cost, staff contacted TALCOM, INC., a subsidiary of AT&T Wireless Services, to ascertain if the company was interested in assisting with the construction of the towers in a cooperative endeavor as they had done in Volusia County. After several months of negotiations, a proposed contract has been prepared wherein TALCOM, INC., will construct the free standing north and south communications towers for an approximate expense of $705,000 and other considerations, of which the County will contribute funds of $30,000 per site or a total of $60,000. The Contract will be submitted to the Board for consideration in the very short term. The $60,000 expense has been included in the funding requested in the proposed communications contract. The County will probably not have another opportunity such as this in the future. TOWER CONNECTION: The issue relating to the method of connecting the four towers became a sticking point during the negotiations. The choices available included microwave, telephone company provided T-1 circuits, or fiber optic cable. Staff spent a considerable amount of time researching and pricing each of these connection methods as well as the advantages or disadvantages of each with information as noted below: MICROWAVE - Microwave paths are commonly used in many communications systems today. Microwave dishes do add stress to tower structures, and the tower design engineer must know what size and type of a dish is to be mounted. This method was the second choice of the negotiating team since fog, rain, and wind can distort or interrupt the microwave path. Transmission of video signals was also a concern, since a large bandwidth is necessary for this capability. Concerns were also expressed regarding the licensing, .engineering, and strict FCC requirements for a public safety entity obtaining this amount of bandwidth normally reserved for cable television and television stations. Although not the preferred method, given the initial cost of fiber optic cable versus microwave and the already increased cost of the communications system, unless the fiber optic cable pricing changes or the Board directs otherwise, staff plans to utilize microwave as the connection method for the communications system two east towers. Funds for this equipment are included in the proposed contract. TELEPHONE LINES - This method was the least desired of the three options in terms of the two east towers, given the installation cost of $1,455 per T-1 per site, the recurring monthly charges of $1,125.70 per month on a month to month contract, the time frame for retaining use of the T-1 circuits in which pricing was the most reasonable, and the fact that the two east towers will be operating in a simulcast mode. Telephone lines have problems with down time due to interference from bad weather, lightning, and cable cuts. Three T-1 circuits would be required for each of the towers, however, as stated above, the T -1's would not be sufficient for the east towers due to the need for timing the radio signals to minimize overlap problems. The simulcast system requires the ability to time the simulcast system RF signal within five millionths of a second and staff is informed T-1 circuits cannot provide this capability. T-1 circuits are planned to be utilized between the south tower and the west tower. This is achievable because the west tower will not be simulcast, but rather it will operate in a multi -site mode. This will save additional microwave cost, however, recurring costs for the T-1 circuits will have to be funded each year. 53 December 19, 1995 BOOK 96 PA.n 82 'BOCK 96 m�i 824 FIBER OPTIC CABLE - Utilization of fiber optic cable is the preferred method of connecting the towers, although funding could not be achieved since no revenue could be projected to offset the original quote of approximately $677,545 for a 24 strand cable infrastructure to connect the two east towers. A second estimate has been received which advises that the fiber optic cable cost will be $500,000. If the Board approves the 800 MHz contract, staff would not immediately file for microwave licenses and engineering in the early part of the contract period in order to further explore the potential revenue sources and cost of cable installation, given the recent reduced quote for fiber optic cable. This would be accomplished before determining the final tower connection method. Fiber optic cable it small strands of glass approximately 50 millionths of an inch thick. It is non-conductive and immune to lightning or other electrical interference. Its high communication capacity is demonstrated by the ability of one 48 strand cable to carry 650,000 'simultaneous. telephone conversations or 1,320 television stations at the same time. It is technology that provides a way of transmitting very large amounts of information at very high speeds for TV/video, computer data, graphics/pictures, remote control/alarm/data, and telephone/sound. The 800 MHz communications system would be a very small user of the fiber optic cable. For illustration purposes, each strand of fiber optic cable has the capability of 650,000 telephone circuits and the entire 800 MHz system would use only 96 of the 650,000 telephone circuits in one strand of a 24 strand cable. Aside from the cost related to the proposed contract, it should be noted that additional recurring costs could be.. anticipated as follows which would have to be funded at an estimated cost of $50,000 annually. ♦ Electrical power at three tower sites ♦ Two telephone lines for each tower site ♦ Six telephone lines.for the Jessica system between the tower sites ♦ Propane gas for tower sites ♦ Generator maintenance at West tower site ♦ Annual tower maintenance for West tower site ♦ Software upgrades starting the sixth year after acceptance of the system (not included in above estimate) ♦ Annual infrastructure maintenance starting one year after acceptance of the system (not included in above estimate) ♦ Annual insurance expense for tower sites ♦ Recurring expense of T-1 circuits to West tower During the negotiations, staff was unwavering in demanding certain enhancements and system features for the communications system. As a result of the negotiating team researching the existing contracts and utilizing information obtained from other counties' experiences during contract development, the following system features and technology are included in the contract with the cost being absorbed by Ericsson. COSTS SAVINGS NEGOTIATED IN FAVOR OF INDIAN RIVER COUNTY ♦ ProSound Software County $ 69,000 ♦ ProSound Software Cities 117,300 ♦ Infinity I - Rx Enhancements 325,000 ♦ 5 Years Software Services/Upgrades 325,000 ♦ Bi -Amp Systems 120,000 Total Savings $956,300 A considerable amount of time was spent on the APCO 25 Project which is a standard setting effort in the telecommunications industry to develop technical standards for the next generation of public safety radios, both voice and data, which will employ digital technologies rather than analog technology. Staff feels that the Ericsson "EDACS" System, which will be utilized by the County, remains at the forefront of technology. An example of this technology is "Prism," which currently meets or exceeds the functional objectives of the APCO 25 Statement of Requirements, Paragraph A, dated August 11, 1995. Provisions are included in the 54 December 19, 1995 - M M Contract for the County to upgrade the existing 800 MHz system to the new technology of the future, should it decide to do so, at a discount for the equipment. Ericsson also noted that additional vendors have been authorized to manufacture and distribute communications equipment compatible with the °EDACS° technology. ALTERNATIVES AND ANALYSIS: The various alternatives regarding the 800 MHz Communications System have been reviewed and information is provided below for your review and consideration. ALTERNATIVES REGARDING CONSTRUCTION OF AN 800 MHz SYSTEM Alternative No. 1: Do not recommend construction of an 800 MHz Communications System.. The current public safety VHF and UHF communication systems now in use is 1950's vintage technology, except for the existing 800 MHz 5 channel trunking, non-public safety system, used by Indian River County. The FCC has approved its spectrum refarming policy which places public safety entities and other users of channels below 512 MHz in a position of being forced to migrate to narrowband communications equipment over the next several years. Given the fact that a majority of existing communications VHF and UHF equipment is in poor condition, skips and interference are experienced, there are many dead spots where communications cannot be transmitted or received, and concerne about liability, the issue is whether to purchase old technology or advance to a more modern technology wherein interoperability between agencies and efficient use of the spectrum is achieved. Ref arming is going to have a great impact on VHF and UHF communications in the future. We now have 10 conventional channels. If we do not obtain the 800 MHz National Public Safety Planning Advisory Committee (NPSPAC) public safety channels allocated to us in the Region 9 Communications Plan, they will be lost, possibly forever, and the County will not be able to go to a larger channel 800 MHz system in the future. Even if the refarming policy is disregarded, the majority of the existing public safety communications systems currently in place are aged and not sufficient to do the job. They would have to be replaced in the near future. The issue is whether old or new technology will be approved for purchase and do we provide a system allowing inter- agency communications. Alternative No. 2: Recommend construction of an 800 MHz Communications System that includes public safety entities only. This alternative could not be done within budget (10/2), the channels would be insufficient, and it would solve only part of the communications problem for public safety. There would be no interoperability, refarming of the spectrum would continue to affect the coverage of other agencies, and the NPSPAC channels would be lost. The vendor informs staff that the expense to add backbone equipment later to support all users would probably double in cost. In time, other agencies would have to.fund costs associated with a redesign of their communications systems, including infrastructure (towers, transmitters, repeaters) as old radios are replaced with radios that operate with narrowband technology. Alternative No. 3: Recommend construction of an 800 MHz Communications System which includes only the Indian River County administration. This alternative could be done, maybe within budget (10/2), with the deletion of phone interconnect, digital interface, and west tower. It would solve the communications problem for the county administration. However, the law enforcement problem would continue to exist, since they would continue, to operate in the spectrum below 512 MHz on worn out equipment and refarming would impact coverage as new radios utilizing old technology is purchased as replacements. A new system will have to be purchased in the future and the NPSPAC public safety 800 MHz channels will probably not be available in the future. Alternative No. 4: Recommend construction of an 800 MHz Communications System which includes only the Indian River County administration and the Sheriff's Office. This alternative would resolve and the Sheriff's Office, but existing budget "and the 10/2 support this number of users. December 19, 1995 the problems for the administration it could not be done within the channels would be insufficient to The Sheriff's Office would not have 55 Boob 96 w,&849_15 goo 96 wE 826 the necessary communications capability to interface with other law enforcement agencies and since they dispatch for other public safety agencies, this would greatly impact service to citizens. Alternative No. 5: Recommend construction of an 800 MHz Communications System (10/2) as funded by the BCC in 1994 from the One Cent Optional Sales Tax revenue. This alternative could be accomplished, but not at the present budget allocation due to essential equipment not being included in the earlier communications study. This *system infrastructure would be incapable of handling 1,565 users inasmuch as the normal FCC channel loading is 100 radios per channel. The original system design by the consultant was predicated on approximately 1,000 users since a 10/2 system was recommended. Alternative No. 6: Recommend construction of an 800 MHz Communications System (15/5) with the increased cost required for the infrastructure, user equipment, and fiber optic cable being funded from an increased allocation from the One Cent Sales Tax revenue by changing the prioiity on certain projects. This alternative recommends a 15/5 system with the method of funding being the only issue. Alternative No. 7: Recommend construction of an 800 MHz Communications System (15/5) with the County funding the fiber optic cable utilizing a lease/purchase payment plan to finance the infrastructure and user equipment making payments over several years similar to the method used by Brevard County. This alternative recommends a 15/5 system with the method of funding being the only issue. Alternative No. 8: Recommend construction of an 800 MHz Communications System (15/5) with the County funding the fiber optic cable utilizing a lease/purchase payment plan to finance the infrastructure and user equipment making payments over several years utilizing a combination of Optional One Cent Sales Tax and implementing a fee up to $12.50 as provided by law on moving traffic violations as a source of revenue. This alternative recommends a 15/5 system with the method of funding being the only issue. Alternative No. 9: Fund the communications system infrastructure and fiber optic cable from the Optional One Cent Sales Tax already allocated and lease/purchase the County user equipment utilizing a combination of the one cent sales tax, revenue from leasing space on the fiber optic cable, and implementing the fee up to $12.50 as provided by law on moving traffic violations to make the payments on the county user equipment over several years. This alternative recommends a 15/5 system with the method of funding being the only issue. Alternative No. 10: Require the other agencies who join the -system to pay a portion of the increased costs of the infrastructure based on the number of radios being used. This could be done; however, it is not recommended inasmuch as the County originally stated it -would construct the backbone and any users would purchase their user equipment. It is also anticipated that several agencies would withdraw placing the communications system in, jeopardy wherein a county wide communications system would never become operational. This would create a situation requiring the entire FCC application to be withdrawn and amended possibly jeopardizing the County obtaining any additional 800 channels. If other public safety agencies withdraw, the entire radio system is then impaired in terms of interoperability. Alternative No., 11: Delete the Hobart Tower Not Back -Up equipment from the system infrastructure and reduce the backbone cost $200,000. This is a possible alternative, however, it would place the system at greater risk of down time if a connection (fiber optic cable, Telco T1 circuit, microwave) between towers should be interrupted. Having the hot back-up also allows for minimum impact during routine maintenance or adding software upgrades to the system. It also provides a system that can be automatically activated should the major system fail. This is a redundant measure that is a prudent expenditure given that law enforcement, fire, and EMS are all dispatched by the 9-1-1 Communications Center and any interruption could mean a threat to citizens in the community. This can be done, but at a risk. 56 December 19, 1995 - M M ® r � Alternative No. 12: Review the user equipment list and reduce the expenditure for new radios and accessories where appropriate without adversely affecting operational capabilities of county agencies. This has been done as noted on the attached Indian River County user equipment worksheet. A% large number of the control stations have been reduced to a basic MDX mobile radio package using a desk microphone, antenna, coax, and antenna. Also, quite a number of portable radios have been reduced from level one to a level two radio to save as much money as possible. A reduction has been achieved in the County user equipment. For the most part, only public safety agencies now have level one radios unless a unique need was demonstrated. The reduction in the cost of user equipment pertains only to that which the County is purchasing. Other agencies' user equipment was not;adjusted. Alternative No. 13: Delete the fiber optic cable expense of $677,545 from a cost associated with the 800 MHz Communications System. As noted earlier, the communications system will be a relatively small user of the fiber optic cable. The main advantage of using fiber optic cable is that it is not affected by lightning or electrical interference, it is durable, it has the ability to transmit data,_video, or voice at great speeds, limited maintenance cost, and the ability to withstand significant weather events. The fiber optic cable is simply a means or method by which the various communications towers will be connected together. The cable could possibly beused by County organizations or other entities on a lease or cost basis with the revenue obtained from this source going to other uses. Alternative No 14: Delete the digital interface feature of the 800 MHz system and fund this cost in the future, delaying the expenditure of approximately $300,000, which would have to be funded in a later year. Deletion of the digital interface equipment of the system would save approximately $300,000 at this time. However, the vendor informs staff that to add this to the backbone a couple of years later, the estimated cost would be $700,000. This alternative would also delete the encryption features within the system. Law enforcement agencies will utilize these features for drug enforcement and investigations. Other agencies needing this everyday capability include EMS for the purpose of maintaining patient confidentiality when communicating with the hospitals, fire service for the purpose of arson investigations, bomb threats, and hazardous materials communications. The installation of these features would need to be funded in the future. Deletion of this feature would impair the system design and eliminate a needed function of the system. It is not recommended by this writer, but is an option to -be considered. In addition to the various alternatives referenced above, the County will probably not have another opportunity for a private entity to construct two free-standing towers at a cost of $705,000 .with a total contribution of $60,000 from the County. There is some minor cost the County will incur such as bringing power into the site and routine recurring costs for electricity, generator fuel, etc. As stated earlier in this document, a proposed Lease Agreement has been worked out with TALCOM, INC., a subsidiary of AT&T Wireless Services, for the two towers to be built on County leased or owned land if the Board approves the two contracts. The proposed system is the minimum which has been determined as necessary to provide viable, stable, and functional communications to all the users in the County. It is by no means the "Cadillac• version or "Optimum System" available on the communications market today. There are many other options and capabilities that could be purchased such as Automatic Vehicle Location (AVL), Mobile Data Terminals (MDT's), simulcasting three sites instead of two, additional channels, and a status and message system. The County can migrate into the above options in the future, if desired, since for the most part, the options and features are software driven. 57 December 19, 1995 80DK 9s COST CF 0.1 rixu i aYal—M Proposed System...............$5,776,373 Optimum System Features ........ 2,965,745 TOTAL.........................$8,742,118 The following entities have informed the County of their Participation in the 800 MHz system and the backbone has been designed to accommodate the 1,565 users noted below. • • City of Vero Beach (Police and all City of Sebastian departments/divisions) • • (Police and all City of Fellsmere (Police and all Council departments/divisions) departments/divisions) on Aging �i • • School District of Indian River County Indian River Memorial Hospital • Sebastian River Medical Center Sheriff's Office • • Board of County Commissioners (All Town of Indian River departments/divisions) • Shores (Public Safety) Emergency Services District (EMS, Fire) • Solid Waste Disposal District • Mosquito Control District RECOMMENDATION: The future of communications and what is decided in this very important matter will have a compelling and all encompassing impact on this County in the future. Never has there existed in the county a communications system with this extraordinary capability and complexity, nor has every agency in the County ever had the ability to communicate with each other while retaining their autonomy. While history will be made if it comes to fruition, the main objective is to provide a system that will serve every agency in the County for years to come, a system that has the ability to migrate to newer and greater technologies without purchasing an entire new backbone. As noted above, the original major funding source for the 800 MHz System was revenue from the One Cent Sales Tax. It was obvious to staff that given the projects planned which will utilize this source of reve4ue, funding for the communications project could only be achieved by reprioritizing existing projects and or reallocating the funding for the current five year increment. Staff has prepared a recommendation to fund the increased cost of this project as noted on Attachment -A-2- for consideration by the. Board. Staff recommends approval of the proposed contract in the amount of $5,716,373 with Ericsson, Inc., for the 800 MHz Communications System plus $60,000 for the County's portion of the cost as with the two east towers for a total of $5,776,373. sociated ATTACffiUN7.'S : Attachment A - 800 MHz Financial Information Attachment B - 800 MHz Information/Definitions Attachment C - Final Report from Dick Warden Associates Attachment D - Proposed 800 MHz Communications System Contract APPROVED FOR AGENDA i FOR: December 19,1995 BY: r Jim Chandler county Administrator December 19, 1995 58 �Ry117MM! �i 58 vv 0 d 70c CURRENT RECOMMENDED OPTIONAL SALES TAX PROGRAM FOR SECOND FIVE YEAR (JUNE 1,1994 TO SEPTEMBER 30,1999) REVENUE 199495 1993/96 1996197 1997/98 lags To 09-3x99 1 TOTAL [=iRm= 53,744114 53973,879 S6,212,834 56461,346 S24 92,173 EXPENSE 5125,000 5123,000 PLEW WORKS: ROADS - RIGHT OF WAY BRIDGES Sl 148,800 51644,400 030 000 $4.123.200 PETITION PAVING Sl 109 000 5563,000 SI 130 000 S1.1 54 609,300 PUBLIC WORKS FACILITY 5400000 5300.000 5300,000 5300.000 $1 ,300,000 STORMWATER DRAINAGE 51,300 000 S1,070 600 S .70.600 SIDEWALKS AND BIKE PATHS S101,0001 SI00 5100,000 Sl 100,000 51,100,000 5301,000 800 MHz SYSTEM NORTHWEST STATION 52,233,300 51606 SO S3 841 8005348 033 SO SO $348.033 PdR&� SOUTH COUNTY PARK PHASE II DONALD McDONALD PARK -BOARDWALK A PICNIC S80,000 5633,000 S300,000 5635 000 ROUND ISLAND PARK -PHASE B S80,000 S255,000 5300.000 S680 000 N. CTY. RECREATION COMPLEX5500000 5633.000 PARK IMPROVEMENTS 5140 SO 5300 000 KROEGEL HOMESITB ,000 $0 SO 5140 000 DALE WIMBROW/WABASSOGOAT DOCKS SD $6,0000 SO SO so so S60.000 ILSER RENOVATION OFANNEXA CURRENT ADMIN. BLDG. S617.000 ADMIN BLDG - HVAC RENOVATION 51,138,3W 5617000 NEW ADMIN. BLDG: DESIGN ETC. 51,138,300 LIBRARY COMPUTER so 80 N. COUNTY LIBRARY PARKING LOT SO OLD COURTHOUSE BCC CHAMBERS VIDEO PRESENTATION SYSTEM S330 000 5350.000 $700.000 S27,000 S27,000 f1I8E� REFUND/CAPITAL IMPROVEMENTBONDS GIFFORD LANDFR.I. SO S373,000 SO PEP REEF $373,000 C01V77 SO 5400 000 S400.000 S800.000 S365.293 i 5276 5304,286 SZ65 SI 11133 TOTAL EXPENSES S0116S6 431983 _M414 SS 041 83 S26.237 768 ANNU tPWS 53172,296 606.002 343 104 201432 51419 963 —$1,32k70-1 701 CUMULATIVE EFIDSURPLUS SO 5366 $108190 393 62 51,326 701 i— ngures only include pfoICCts that the BCC has approved Sutding from Optiond Sales Tex. Some projects have been discussed but bending has not been $10,00ved 0 theme BCC!. . Exi nples are the North County Industrial Park 1� purchase and the bill east of park property in North County (only 5300,000 of the estimated ouaNt70,mXLWK4M R VLVV. 12 -13 -"-rut n 3 m 2 -q ii, 1 �J 1 1 L�, 0 D tV PROPOSED RECOMMENDED OPTIONAL SALES TAX PROGRAM FOR SECOND FIVE YEAR (JUNE 1, 1994 TO SEPTEMBER 30,1999) CAPITAL EXPENDITURES 1994.95 1995196 1996)97 1997/98 10-98 TO 09-30-99(l) TOTAL REVENUE 55,7K114 $3,973,879 S6,212,834 S6.461,346 $24 9 173 EXPENSE COURTHOUSE S125,000 5123 0W ipURuc woR�r.• ROADS - RIGHT OF WAY Sl 14 800 $1,644400 030000 S4,423,= BRIDGES PETCfII>TI PAVING S1,109,000 5365 000 $1,130,000 SI 803 500 $4,609,300 PUBLIC WORKS FACILITY 5400 000 m,000 S300,000 5300000 Sl 000 STORMWATER DRAINAGE $1 000 51070 600 W70.600 SIDEWALKS AND BIKE PATHS SIR 5100000 SI00 000 SI100,000 S1100,000 5301000 800 MHz SYSTEM »;»:::<:»: :<:::.;;;: SO ORTHWESTSTA71ON S348,033 SO SO S349,033 PAm . SOUTH COUNTY PARK PHASE U S635,000 5633000 DONALD McDONALDP)9RK-BOARDWALK a PICNIC S80,000 SM MMM 5380 000 ROUND ISLAND PARK - PHASE B S801000 5"5.000 NORTH COUNTY RECREATION COMPLEX PARK IMPROVEMENTS S140 000 SO 30 5500,000 5500 000 KROEOEL HOMESITE 50 SO 30 50 S140,000 DALE WIMBROWIWABASSO BOAT DOCKS S60,000 50 S60,000 gFMML RENOVATION OF ANNEX & CURRENT ADMIN. BLDG. 5617000 ADMIN BLDG. - HVAC RENOVATION SI 138,300 5617000 NEW ADMIN. BLDG -DESIGN ETC. SI 13 500 LIBRARY COMPUTER so NORTHso COUNTY LIBRARY PARKING LOT SM OLD COURTHOUSE BCC CHAMBERS VIDEO PRESENTATION SYSTEM 5330000 :> 52 000 :;>;><»561 000:' S27.000 S27,000 ltEFIINOVCAPITAL IMPROVEMENT BONDS SO GIFFORD LANDFILL S375,000 SO PEP REEF SO M000 i 5400,000 $375.000 5800000 $365 .293 5276 028 5304 86 5265 83 51,210 880 TOTAL EXPENSES 59110 116 S7,191,231 1 719 SS 041 83 127-564 469 ANNUAL EFI LUS 53,1 002 Sl 72 18883 S! 419,963 3p CUMULATIVE EFI LUS SO SI93706 51401078 51419963 SO These figures only include projects that the BCC has approved tiinding boom Optional Sales Tax. Some projects have been discussed but ftmdmg hes not ban S 3proved 0 is a BCC.dExampark property in North County (only are the North County industrial Park land purchase and the fuU cost of Y and $500,000 of the estimated D 123FL W}6Lpfl,CENrJ V1"1C0M ■EVOM mm". Am A w� 00 800 MHz Specifications: Cost 102 Channel System PALLANS BCC 440,000 S SOURCES: 12-14-93 04-13-94 NEW CHANGE OPTIONAL SALES TAX $3,905,235 $3,841,800 55,351,323 51,509,523 ALTERNATIVE FUNDING SOURCE 5464,930 $0 SO SO USER FEE -512.50 SURCHARGE SO SO SO SO 911 FEE 5240,000 5240,000 5240,000 SO ENTERPRISE FUNDS (RADIOS) SO SO S185,050 5185,050 OTHER GOVERNMENTS S1,033,022 S1,159,700 51,282,812 S123,112 TOTAL SOURCES 55,643,187 55,241500 S7,059,185 S1,817,685 URPS: FIXED EQUIPMENT 52,455,500 $2,475,500 S3,855,064 51,379,564 USER EQUIPMENT S2,154,665 $1,606,300 S1,921,309 $315,009 COUNTY'S PORTION $4,610,165 $4,081,800 $5,776,373 51,694,573 MUNICIPALITIES USER EQUIPMENT: FELLSMERE PUBLIC WORKS SO SO S14,603 514,603 FELLSMERE POLICE 530,420 $26,700 S26,645 (SSS) INDIAN RIVER SHORES $66,502 S73,700 $100,263 526,563 SEBASTIAN LOCAL GOV. $197,400 S155,700 $165,364 $9,664 VERO BEACH 50. 5562,500 $457,363 (S105,137) VERO BEACH POLICE $319,700 $0 S272,119 5272,119 SCHOOL BOARD USER EQUIPMENT 5408,300 5236,500 5160,436 (576,064) COUNCIL ON AGING USER EQUIPT. S10,700 $21,700 549,164 527,464 I.R.C. VOLUNTEER AMBULANCE $0 $0 SO SO MOSQUITO CONTROL DISTRICT 50 $31,400 521,701 (59,699) SEBASTIAN HOSPITAL $0 $21,900 $6,977 (514,923) I.R. MEMORIAL HOSPITAL 00 529,600 $8,177 (521,423) OTHER GOVERMENTS USER EQUIPMENT $1,033,022 51,159,700 51,282,812 5123,112 TOTAL USES 55,643,187 S5,241,500 $7,059,_185 S1,817.685 DA123RASO MSOURUSE3.WK4 REVISED. MIS.95am A-3 Specifications: Cost 102 Channel System $1,479,500 Microwave Tower Connection 440,000 Towers & Shelters 500,000 Mutual Aid Channels 36,000 Subtotal Fixed Equipment 2,455,500 User Equipment: Radios and Accessories 2,154,665 Total County Cost $4,610,165 E13cum.Iuc- Backbone System" 1515 Channel System $3,011,037 Microwave Tower Connection 409,014 Towers & Shelters 384,840 Mutual Aid Channels 50,173 Subtotal Fixed Equipment 3,855,064 User Equipment: Radios and Accessories 1,921,309 Total County Cost $5,776,373 A-4 December 19, 1995 Specifications: Cost 102 Channel System $1,499,500 Microwave Tower Connection 440,000 Towers & Shelters 5001000 Mutual Aid Channels 36,000 Subtotal Fixed Equipment 2,475,500 User Equipment: Radios and Accessories 1,606,300 Total County Cost $4,081,800 Increase over Approved Budget 15/5 Channel System 51,511,537 Microwave Tower Connection (30,986) Towers & Shelters (115,160) Mutual Aid Chancels 14,173 Subtotal Fixed Equipment 1,379,564 61 User Equipment•. Radios and Accessories 315,009 Total County Cost $1,694,573 d Specification changes required with either 10/2 or 15/5 Channel System: 297,112 f�D 1- Cost differential for baseline IOR Channel system Differential in price quotes per Corlett for baseline system versus estimate used by consultant. including engineering and installation charges. �! 2 - Digital Interface Equipment Only mobile -to -mobile and portable -to -portable digital capability was included in the oris inal 191,765 � system deign. The digital interface was not included in the console switch to provide for digital capability throughout the system in terns of other console, talc groups, logging recorders F••► encryption, towers and digital user equipment. 3 - Three additional consoles (Municipalities) Two additional console were added for the Vero Bach 911 PSAP and one for the 51,749 Sebastian dispatch loration 4- Telephone Patch The original system did not include the capability of the radio system to interconnect with 67,339 existing telephone systems. This equipment receives radio signals and converts the signal into a mode to interface with telephone line. The recommended system merge the needs of the public safety agencies with other•general service agencies who use the telephone interconnect D for daily services. 0) N 5 - Uninterrupted Power Supply The original system design provided a minimal UPS system for on-site computer memory retention only. The recommended system ensures a continuous and transparent operation 55,450 to the user when electrical outage occur, such as lightning strike and "brown -outs". It allows the emergency generator to start and safely transfer the load from commercial power to emergency power and then hick to commercial power when available. 6 - Mutual Aid -State required upgrade Since the original deign, the State has changed the deign for mutual aid channels. This required the Wet multi -site to mirror the simulcast system East towers. This added communications equipment not originally included (533,448). However, this was offset to some degree by lower price quote for the baseline stations. 7 - Additional Wet Tower and AT&T construction agreement for north & south sines The original design only included two towers east of 1-95 with an existing tower being utilized for coverage in the western part of the County. The propagation study concluded a third tower would be needed in the West county as existing towers were in the wrong locations to achieve the level of coverage necessary for the Tump&c and Fellsmere area. Proposed cost of new tower is $324,840. Additionally, an agreement has been reached reached with AT&T Wireless Service to construct the north and south towers with a County cost of 560,000. This agreement eliminate an otherwise additional cost for the construction of theme towers . 8 - Tower connection System The cost of a micp)wave system to connect the towers came in a slightly les than (30,986) 178,034 369,799 51,749 67,339 55,450 14,173 14,173 (115,160) (115,160) (30,986) originally anticipated Subtotals Change to either system 663 415 (30,986) (115,160) 14,173 178 034 412,364 Ca 0 0 7K 0 d cl> n fD a" Specification changes required to expand the system to a 1515 Channel System: 294,375 136,975 431,350 M I - Increase 10 -Channel system to 1 5 -Channel system, both north and south sites In March 1993 the user survey performed by Pallons Associates dictated a system design h-+ of 10 -Channels for the east end of the County. The latest survey, November 1995, indicated an increase to 1,563 users. Under FCC loading requirements of 100 radios per channel, the 10 -Channel system would be insuffteient to handle the latest number of users. The total frequency allocation available to the County is 20 channels (10 existing and 10 pooled (NPSPAC)). Of the 20 channels, IS have been designed to operate on the east coast in a simulcast mode; the remaining S channels'will be trunked seamlessly in the western portion of the County. 2- Seamless 5 -Channel West Multi -site 195,609 195,609 The original system included a requirement for the radio operator, when traveling west, to physically switch the radio to the west tower when the signal became weak from the east transmitter sites. The recommended system makes the west tower a 5 -Channel seamless system which will automatically switch the radio and it will be transparent to the radio user ensuring coverage and personal safety. ; 3- 1 5 -Channel Hot Stand-by (Hobart Tower) 193,954 193,954 The original system did not include a stand-by system, ready at all•times to come on line in the event of failure of &a simulcast mode of operation, preventative maintenance, or software upgrades. Without LJ this capability, all users of the system would be out of service until the main system came back on line. 4- Additional installation and engineering costs 164,184 164,184 The following equipment must be installed, documented and engineered to provide adequate operation of the 800 MHz system: - 4 -Channels for Mutual Aid and associated antenna system - 3 additional consoles and switch interfaces - 10 digital voice interface modules - 35 digital modems y - telephone patch - UPS system - 2 site controllers for multi -site operations - 1 5 -channel and antenna system at Hobart Tower Q Subtotals Changes due to expansion 848 122 0 0 0 136,973 097 -985 l'o 1 1 BOOK 96 P, u 834 ATTACHMENT B 800 MHz INFORMATION/DEFINITIONS 1. 10/2 SYSTEM Signifies the original system design of 10 channels trunked and simulcast in the eastern portion of the county and 2 channels conventional/non-trunked in the western portion of the county. 2. MUTUAL AID Since the original system design in 1993, the Florida Division of Communications has modified the design requirements for mutual aid channels. Failure .to comply with new design criteria will result in the loss'of the FCC licenses due to non-compliance with known standards. 3. ADDITIONAL CONSOLE Staff was directed by the BCC to add three (3) additional consoles to the original system design pricing --two (2) for the City of Vero Beach and one (1) for the City of Sebastian. The municipalities recognize that they are responsible for costs related to the connection and installation into the County's Console Switch. 4. DIGITAL FEATURES Certain agencies presently have encryption features within their existing communication systems. Law enforcement agencies utilize these features for drug enforcement and investigations. Other agencies needing this everyday capability include Emergency Medical Services for the purpose of maintaining patient confidentiality when communicating with the hospitals, Fire Services for the purpose of fire investigations, bomb threats; and hazardous materials communications. The installation of digital features during the design phase is much cheaper than redesigning the system for these features at a later time. 5. TELEPHONE PATCH The 1993 -"system design was predicated on enhancing communications to the public safety agencies, whose existing communications systems did not provide for a telephone interconnect. The recommended system merges the needs of the public safety agencies with other general service agencies who use the telephone interconnect for daily services. Without a telephone patch, the proposed system would reduce available features and would require another means for authorized phone patch users. 6. UNINTERRUPTED POWER SUPPLY (UPS) The original system design provided a minimal UPS system for on-site computer memory retention only. The recommended system ensures a continuous, and transparent operation to the user, radio service when electrical outages occur, such as lightning strikes and "brown -outs". It allows the emergency generator to start and safely transfer the load. from commercial power to emergency power and then back to commercial power when available. 7. WEST TOWER SITE The original design only included two towers east of I-95 with an existing tower being -utilized for coverage in the western Part of the County. The propogation study concuded a third tower would be needed in the West County as existing towers were in the wrong locations to achieve the level of coverage necessary for the Turnpike and Fellsmere area. 8. 15/5 SYSTEM Signifies the Ericsson system design that utilizes 15 channels and simulcast in the eastern portion of the county and 5 channels trunked multi-sited/seamless in the western portion of the county. 9. INCREASE To A 15 CHANNEL SYSTEM, In March of 1993 the user survey performed by -Pallans Associates dictated a system design of 10 -Channels for the East end of the county. The latest survey, November 1995, indicated .an increase to 1,565 users. A 10 -Channel system would be insufficient to handle the increase (572 units). The total frequency allocation available to Indian River County is 20 channels (10 existing and 10 pooled (NPSPAC]). Of these 20 channels, 15 have been designed to operate on the East coast in a simulcast mode; the remaining 5 channels will be trunked seamlessly in the western portion of the county. 64 December 19, 1995 10. SEAMLESS 5 -CHANNEL WEST MULTI -SITE Adding a 5 -Channel trunking operation to this site allows for a more efficient use of 5 channels and ensures available channel capability. Rather than 2 channels that must be manually patched to communicate to any unit in the eastern system, this "multi -site" system allows roaming from east to west without operator intervention (manual switching). 11. 15 -CHANNEL HOT STAND-BY Utilizing the existing Hobart Park site, a 15 -Channel stand-by system would come on-line in the event of failure of the simulcast mode of operation, or more often during routine preventative maintenance. 12. ADDITIONAL INSTALLATION/ENGINEERING The following equipment must .be installed, documented and engineered to provide adequate operation of the 800 MHz system: • 4 -Channels of Mutual Aid and associated antenna system • 3 additional consoles and switch interfaces • 10 digital voice interface modules (all mobile and portable digital encryption • 35 digital modems • Jessica phone patch • UPS system • 2 -site controllers for multi -site operations • 15 channels with antenna system at Hobart Tower 13. INCREASE TO A 20 CHANNEL COUNTYWIDE SIMULCAST SYSTEM Additional costs to modify the proposed 15 channel simulcast system in the eastern county and the 5 channel multi-site- system ulti-sitesystem in the western county to a county -wide 20 channel simulcast system. 14. EDACS DATA GATEWAY AND MDT MESSAGE SWITCH These two devices work in tandem within the system backbone to route data between remote Mobile Data Terminals/laptop computers and the data servers (NCIC, CAD, and computer files). 15. An SYSTEM The Automatic Vehicle Locator (AVL) is a vehicle monitoring system incorporating a vehicle mounted -sensor that transmits the vehicle's ever changing longitude and latitude coordinates to an AVL computer interfacing with the CAD computer at the Central Dispatch Center. An example of this feature is the ability to divert an ambulance returning from a transport to the hospital to another EMS call outside their zone because they are the closest unit. The AVL system costs include the AVL master computer, GIS maps, and 20 vehicle sensors. The system is capable of monitoring up to 250 vehicle sensors. 16. VOICELESS STATUS AND MESSAGING SYSTEM The Voiceless Status and Message System allows the dispatchers and the field units to send and receive messages between the dispatcher's console and the field MDTs with the push of a button. Routine tasks, such as announcing a unit is en route, arrived at the scene, or available for another call can be sent without voice communications. Building diagrams, hazardous materials information, and Specials Needs Information are other examples of messages that can be transmitted to the field MDTs. Commissioner Eggert advised that each of the Commissioners had met with staff and studied the report very carefully and that she was deeply committed to it. 65 December 19, 1995 BOOK 96 PAGE 8:35 BOOK 96 FAGS 836 MOTION WAS MADE by Commissioner Eggert, SECONDED BY _. Commissioner Adams, to revise Alternative #6 and approve the 800 MHz Communications System (15/5) as proposed in the contract with Ericsson, Inc., in the amount of $5,776,373, which includes $60,000 for tower sharing costs, with the increased cost being funded from the revenue sources as recommended by the County Administrator, and utilizing fiber optic cable as the method of connecting the two east towers at a cost not -to -exceed the original estimate of $677,545 using $409,000 included in the contract for cost related to a microwave system toward the cost of the fiber optic system. Under discussion, Commissioner Bird advised that he had no problem with going ahead with the system, but would need convincing that the additional expense for fiber optics was worth the cost. Chairman Macht responded with a detailed and technical explanation of the fail-safe and data handling advantages of using fiber optics. He also believed the revenue possibilities are very exciting and elimination of current expenses for leased telephone lines is very desirable and, in his opinion, would provide a pay- back that will more than take care of any additional costs. Commissioner Bird asked for additional particulars and Chairman Macht advised revenue potentials included leasing to an infinite number of possible users. Chairman Macht stressed that there are many advantages to fiber optics. Commissioner Tippin was of the opinion that state of the art equipment was great when you can afford it but he could not support the increased costs associated with the fiber optic system. Chairman Macht felt there was no choice because all citizens are affected. He believed it has to be done and has to be done right since it covers all the public safety agencies. He asserted that part of the blame for the additional costs goes to the original consultant for not including fiber optics from the beginning. Commissioner Adams recalled that Chairman Macht had initially raised a concern with the original consultant. While she was unhappy to spend the additional money, she could not justify cutting anything. The various police departments had based their budgets on the Board's previous intent to do this so she felt it necessary to go ahead with funding the project. She was aware that communications were presently difficult in northwest county. C. December 19, 1995 THE CHAIRMAN CALLED THE QUESTION and the motion carried 4-1 with Commissioner Tippin opposed. Chairman Macht congratulated and thanked staff for paring the costs and their hard negotiations with Ericsson. CONTRACT HAS BEEN PLACED ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD COMMUNICATIONS TOWER LEASE AGREEMENTS WITH TALCOM The Board reviewed a Memorandum of December 13, 1995: TO: Honorable Board of County Commissioners THROUGH: Jim Chandler, County Administrator FROM: Doug Wright, Director Emergency Services DATE: December 13, 1995 SUBJECT: Communications Tower Lease Agreements with TALCOM, INC., a Subsidiary of AT & T Wireless Services It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the meeting scheduled for December 19, 1995. DESCRIPTION AND CONDITIONS: Indian River County and TALCUM, INC., a subsidiary of AT & T Wireless Services, have been negotiating a mutually cooperative Lease Agreement which, if approved, will provide two communications towers for the 800 MHz Communications System. In synopsis form, the Lease Agreement provides the following: ♦ TALCOM, INC., will construct the two self supporting communications towers east of I-95 at a cost estimated to be $705,000 on County leased or owned property. Included in this expense are the tower structures, equipment buildings, emergency generators, fencing, site plan preparation, engineering, site work, and installation. ♦ The County's expense related to the construction of the two towers is $30,000 per site or a total of $60,000 for both sites. Funds for this expense are included in the 800 MHz Communications System request for funding. ♦ TALCOM, INC., will receive use of the property to operate cellular communications equipment without charge for an initial five (5) year term with renewals continuing for additional five (5) year terms, unless notice is given by the County to terminate the Agreement. 67 Boa 96 PA��( 8.� December 19, 1995 BOOK 96 PAGE 838 ♦ The County has'the exclusive right to locate antennas at the top of each tower and space in each building for the necessary communications equipment for the term of the Agreement without charge. ♦ The County and TALCOM, INC., will pay the respective recurring charges (insurance, electric, alarms, etc) as well as other charges pursuant to the specific party. responsibilities described in the Lease Agreement. Plans are in the final stages with the City of Vero Beach for the South tower to be located off Old Dixie Highway near the existing TCI tower. The North tower will be located on the former Sebastian Utilities property which has now been purchased by the County. On September 5, 1995, the Board gave conceptual approval for a part of this property to be used for the North site. ALTERNATIVES AND ANALYSIS: The proposed Lease Agreement represents a savings of approximately $645,000 to the County. The communications company entered into a similar agreement with Volusia County; however, the County contribution in that agreement was $50,000 per tower. Through negotiations, staff has reduced the Indian River County contribution to $30,000 per tower. RECOMMENDATION: Staff recommends the Board approve the two Lease Agreements as relates to the North and South communications towers with TALCOM, INC., and authorize the Chairman to execute the necessary documents. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved two Lease Agreements with Talcom, Inc. as set out and recommended by staff in the memorandum. AGREEMENTS PLACED ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD COUNTY ADMINISTRATION BUILDING - RECONENIENDATION AGAINST 41H FLOOR ADDITION FROM DOW-HOWELL-GILMORE The Board reviewed a Memorandum of December 13, 1995: DATE: DECEMBER 13, 1995 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADUMSTRATOR FROM: H T. "SONNY" DEAN, DIRECTO DEPARTMENT OF GENERAL SERVI ES SUBJECT: COUNTY ADMINISTRATION BURDING - FOURTH FLOOR ADDMON 68 December 19, 1995 _I In order to provide information which would allow a decision on whether or not to add a fourth floor to the County Administration Building and provide time for a referendum in March of 1996, staff requested our Architect, Dow -Howell -Gilmore, and Associates to look at the feasibility of this addition. A copy of their letter and recommendation is attached for your perusal. ANALYSIS• According to the Architect's findings, it appears this type construction on our budding is not feasible as compared to an addition located at ground level. RECOMMONDATION• Based on the information provided, staff recommends construction of a fourth floor not be pursued at this time. MOTION WAS MADE by Commissioner Eggert, SECONDED BY Commissioner Adams, to approve staff's recommendation not to pursue construction of a fourth floor at this time. Under discussion, Commissioner Bird wanted to emphasize that negotiations be continued with the School Board in order to try to bring that issue to a conclusion soon. Administrator Chandler agreed. As soon as IRC School District Superintendent Dr. Roger Dearing can finalize his figures, they will meet again to see what can be worked out in the interest of both the District and the Board. Chairman Macht advised that he had been notified of an alternative (two expansion possibilities) and wanted to discuss it after the meeting with Administrator Chandler. THE CHAIRMAN CALLED THE QUESTION and the motion carried unanimously. BLOCK VILLA SUBDIVISION - 91H PLACE & 21ST AVENUE PAVING AND DRAINAGE MPROVEMENTS - RESOLUTIONS I & H The Board reviewed a Memorandum of December 11, 1995: 69 Boa 99 PaJE 8.39 December 19, 1995 BOOK TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director and Roger D. Cain, P.E. ✓— County Engineer '�/( FROM: Michelle A. Gentile, CET V ' `- 41 Civil Engineer 96 PnT 849 SUBJECT: Resolutions to Provide for the Paving and Drainage Improvements to and set Public Hearing date for 9th Place and 21st Avenue in Block Villa Subdivision DATE: December 11, 1995 DESCRIPTION AND_CONDMONS The County Public Works Department has received a petition for a public improvement assessment for road paving and drainage improvements for 9th Place and 21st Avenue in Block Mlla Subdivision The petition was signed by owners of 8 of the 12 properties in the proposed benefited area. This represents 67% of the parcels in the proposed benefited area who are in favor of having this road paved. A separate resolution will need to be adopted to hold a Public Hearing to discuss the advisability, cost and amount of the assessment against each property owner. This Public Hearing has been scheduled for Tuesday, January 16,199fy at 9:05 A.M. in the County Commission Chambers. An assessment roll and plat has been prepared and filed with the Clerk to the Board of County Commissioners. RECOMMENDATION AND FUNDING It is recommended that the Board: 1) Adopt the resolution providing for the paving and drainage improvements for the projects subject to the terms outlined in the resolution. The applicable interest rate shall be established by the Board of County Commissioners at the time the final assessment roll is approved. 2) Allocate $43,891.76 from the Petition Paving Material Account #111-214-541-03551. 3) Adopt a resolution setting the time and place of the Public Hearing. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously adopted Resolution 95-166, providing for certain paving and drainage improvements to 9th Place and 21st Avenue in Block Villa Subdivision, and Resolution 95-167, setting the public hearing for Tuesday, January 16, 1996, at 9:05 a.m. 70 December 19, 1995 Providing (First ReSO.) 2/7/95(ENG)RESI.MAG\gfk RESOLUTION NO. 95- 166 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 9TH PLACE AND 21ST AVENUE IN BLOCK VILLA SUBDIVISION, PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL DESCRIPTION OF THE AREA SPECIFICALLY BENEFITED. WHEREAS, the County Public Works Department has been petitioned for Road Paving and Drainage Improvement for 9th Place and 21st Avenue in Block Villa Subdivision. WHEREAS, the construction of paving and drainage improvements by special assessment funding is authorized by Chapter 206, Section 206.01 through 206.09, Indian River County Code; and cost estimates and preliminary assessment rolls have been completed by the Public Works Department; and the total estimated cost of the proposed paving and drainage improvements is FORTY THREE THOUSAND EIGHT HUNDRED NINETY ONE DOLLARS and SEVENTY SIX• CENTS ($43,891.76); and WHEREAS, the special assessment provided hereunder shall, for any given record owner of property within the area specially benefited, be in an amount equal to that proportion of seventy-five percent (75%) of the total cost of the project ($32,918.82) which the number of acres of property owned by the given owner bears to the total number of acres owned within the areas specially benefited and twenty-five percent (25%) of the total cost of the project ($10,972.94) will come from Petition Paving Account; 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 December 19, 1995 71 Bou 96 PnE841 som 96 FAu 642 RESOLUTION NO. 95-166 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: Lots A through E; Lots 3 through 6 of Block 1, and Lots 1, 4, 5 and 6 of Block 2, all of Block Villa Subdivision as recorded in Plat Book 3, Page 35 of the public records of 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 9th Place and 21st Avenue in Block Villa Subdivision; heretofore designated as Public Works Project No.. 9311 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 Um m mmd its adgodm Mn m3dm was seoQ i I 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 72 December 19, 1995 � s � RESOLUTION NO. 95-166 The Chairman thereupon declared the resolution passed and adopted this 19 Attest: day of December , 1995. BOARDO COUNTY COMMI OF IN AN RIVER 0 Y, F RIDA By I /OXENNETH R. MRCHT, -Chairman T1me and Place (Second Reso.) 2/7/95 (ENG) RES2.MAG\g& RESOLUTION NO. 95- 16 7 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, SETTING A TIME AND PLACE AT WHICH THE OWNERS OF PROPERTY ON 9TH PLACE AND 21ST AVENUE IN BLOCK VILLA SUBDIVISION AND OTHER INTERESTED PERSONS MAY APPEAR BEFORE THE BOARD OF COUNTY COMMISSIONERS AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF MAKING PAVING AND DRAINAGE IMPROVEMENTS TO SAID PROPERTY AS TO THE COST THEREOF, AS TO THE MANNER OF PAYMENT THEREFOR, AND AS TO THE AMOUNT THEREOF TO BE SPECIALLY ASSESSED AGAINST EACH PROPERTY BENEFITED THEREBY. WHEREAS, the Board of County Commissioners of Indian River County has, by Resolution No.9 5 -16 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 73 December 19, 1995 Sao. 'pstr 843 �1i7 �LJiG t� i! i iRAI 2/7/95 (ENG) RES2.MAG\g& RESOLUTION NO. 95- 16 7 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, SETTING A TIME AND PLACE AT WHICH THE OWNERS OF PROPERTY ON 9TH PLACE AND 21ST AVENUE IN BLOCK VILLA SUBDIVISION AND OTHER INTERESTED PERSONS MAY APPEAR BEFORE THE BOARD OF COUNTY COMMISSIONERS AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF MAKING PAVING AND DRAINAGE IMPROVEMENTS TO SAID PROPERTY AS TO THE COST THEREOF, AS TO THE MANNER OF PAYMENT THEREFOR, AND AS TO THE AMOUNT THEREOF TO BE SPECIALLY ASSESSED AGAINST EACH PROPERTY BENEFITED THEREBY. WHEREAS, the Board of County Commissioners of Indian River County has, by Resolution No.9 5 -16 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 73 December 19, 1995 Sao. 'pstr 843 RESOLUTION NO. 95-167 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 County Commission chambers in the County Administration Building at the hour of 9:05 A.M. on Tuesday.Januazy 16. 1996, 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 74 December 19, 1995 RESOLUTION NO. 95-167 of Public Works shall give the owner of each property to be specially assessed at least ten days notice in writing of such time and place, which shall be served by mailing a copy of such notice to each of such property owners at his last known address. The resolution was moved for adoption by Commissioner E a a e 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 A y e The Chairman thereupon declared the resolution duly passed and adopted this 19 day of December 1995. �1i W-0, m I c Attachment: ASSESSMENT ROLL C:\wp60\data95\9plset.res 75 December 19, 1995 VJ • •,��, Chairman Boa 96 PAcF- 845 0 W,r.nf1 17 Boa 96 PAcF- 845 MOO � �.�846 INDIAN RIVER HEIGHTS SUBDIVISION 8TH COURT SOUTH OF 2ND STREET TO SOUTH RELIEF CANAL PAVING & DRAINAGE EMPROVEMENTS - RESOLUTIONS I & H The Board reviewed a Memorandum of December 11, 1995: TO: James Chandler County Administrator DATE: December 11, 1995 .J THROUGH: James W. Davis, P. Public Works Director and r Roger D. Cain, P.E. County Engineer FROM: Michelle A. Gentile, CET Civil Engineer SUBJECT: Resolutions to Provide for the Paving and Drainage Improvements to and set Public Hearing date for 8th Court South of 2nd Street to South Relief Canal in Indian River Heights Subdivision The County Public Works Department has received a petition for a public improvement assessment for road paving and drainage improvements for 8th Court south of 2nd Street to South Relief Canal in Indian River Heights Subdivision The petition was signed by 8 of the 10 property owners in the proposed benefited area. This represents 80% of the property owners in the proposed benefited area who are in favor of having this road paved. A separate resolution will need to be adopted to hold a Public Hearing to discuss the advisability, cost and amount of the assessment against each property owner. This Public Hearing has been scheduled for Tuesday, January 16,1996, at 9:05 A.M. in the County Commission Chambers. An assessment roll and plat has been prepared and filed with the Clerk to the Board of _ County Commissioners. RECOMMENDATION AND FUNDING It is recommended that the Board: 1) Adopt the resolution providing for the paving and drainage improvements for the projects subject to the terms outlined in the resolution. The applicable interest rate shall be established by the Board of County Commissioners at the time the final assessment roll is approved. 2) Allocate $29,148.27 from the Petition Paving Materials Account #111-214-541-03551. 3) Adopt a resolution setting the time and place of the Public Hearing. MOTION WAS MADE by Commissioner Eggert, SECONDED BY Commissioner Adams, to adopt Resolution 95-168 providing for certain paving and drainage improvements to 8th Court south of 2nd Street to South Relief Canal in Indian River Heights Subdivision, and Resolution 95-169, setting a public hearing, for Tuesday, January 16, 1996 at 9:05 a.m. 76 December 19, 1995 Under discussion, Commissioner Adams was concerned about the time between the receipt of the petition to project completion because neighborhoods constantly change. Civil Engineer Michelle Gentile advised that the petition for this project had been received two or three years ago. Commissioner Adams asked specifically about a project on 62nd Avenue, between 39th Street and 41st Street. She understood that communication had been received from Mr. Van Auken last summer to speed it up because it had been 3 years. Mrs. Gentile advised that all current property owners had been notified that at one time there was an interest to pave the road, and.;if they.were still interested in having it paved, they were to send back a signed letter. She did not receive any response so that particular project was put on an inactive list. Commissioner Adams asked if there is still a 3 -year delay on construction of petition paving projects. Mrs. Gentile advised that if a petition were received today, design and presentation to the Board could be as soon as the spring. However, because of other projects which are underway, construction would be delayed. Commissioner Adams asked if it would be better to group the petition paving projects in order to bid them out, and Mrs. Gentile responded that was a possibility. Commissioner Bird commented that putting them out for bid had worked well in the past when there was a backlog. Mrs. Gentile advised that they had caught up in the designing phase of the projects. After the project is designed, it goes to the Board for approval before being submitted to St. Johns River Water Management District for further approval. In response to Commissioner Eggert, Mrs. Gentile advised the design was not done at this time on the projects on the "inactive" list. Commissioner Bird commented that if it drags on too long, half the houses will have changed hands. THE CHAIRMAN CALLED THE QUESTION and the motion carried unanimously. 77 BOOK PACE847 December 19, 1995 Box 6 PAu 848 Providing (First Reso.) 2/7/95(ENG)RESI.MAG\gfk RESOLUTION NO. 95- 168 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 8TH COURT SOUTH OF 2ND STREET TO SOUTH RELIEF CANAL IN INDIAN RIVER HEIGHTS SUBDIVISION, PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL DESCRIPTION OF THE AREA SPECIFICALLY BENEFITED. WHEREAS, the County Public Works Department has been petitioned for Road Paving and Drainage Improvement for 8th Court South of 2nd Street to South Relief Canal in Indian River Heights Subdivision. WHEREAS, the construction of paving and drainage improvements by special assessment funding is authorized by Chapter 206, Section 206.01 through 206.09, Indian River County Code; and cost estimates and preliminary assessment rolls have been completed by the Public Works Department; and the total estimated cost of the proposed paving and drainage improvements is TWENTY-NINE THOUSAND ONE HUNDRED FORTY-EIGHT DOLLARS and TWENTY-SEVEN CENTS ($29,148.27); and WHEREAS, the special assessment provided hereunder shall, for any given record owner of property within the area specially benefited, be in an amount equal to that proportion of seventy-five percent (75%) of the total cost of the project ($21,861.20) which the number of lineal feet of road frontage owned by the given owner bears to the total number of lineal feet of road frontage within the areas specially benefited and twenty-five percent (25%) of the total cost of the project ($7,287.07) will come from Petition Paving Account; 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 78 December 19, 1995 RESOLUTION NO. 95-168 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: Lots 1 through 12, Block R in Indian River Heights, Unit 8 as recorded in Plat Book 7, Page 31 of the Public Records of Indian River County NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COIINTY 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 8th Court South of 2nd Street to South Relief Canal in Indian River Heights, Unit 8; heretofore designated as Public Works Project No. 9416 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 QM meed 'its adcpt3au Mn mourn was seca�ded by Commissioner Adams and, upon being put to a vote, the vote was as follows: December 19, 1995 79 BOOK 96 pAcE849 Chairman Kenneth R. Macht Vice -Chairman Fran B. Adams Commissioner John W. Tippin Commissioner Richard N. Bird Commissioner Carolyn K. Eggert BOOK .96 PKA50 RESOLUTION NO. 95-168 Aye Aye Aye Aye Aye The Chairman thereupon declared the resolution passed and adopted this 19 day of December , 1995. BOARD COUNTY COMMISSIONERS OF I IAN RI R , FLORIDA By ETH R. MAC Ti airman Attest: ,XMY K: ON, Clerk b,�-• Time and Place (Second Reso.) 2/7/95 (ENG) RES2.MAG\gfk RESOLUTION NO. 95- 16 9 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, SETTING A TIME AND PLACE AT WHICH THE OWNERS OF PROPERTY ON 87H COURT SOUTH OF 2ND STREET TO SOUTH RELIEF CANAL IN INDIAN RIVER HEIGHTS SUBDIVISION AND OTHER INTERESTED PERSONS MAY APPEAR BEFORE THE BOARD OF COUNTY COMMISSIONERS AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF MAKING PAVING AND DRAINAGE IMPROVEMENTS TO SAID PROPERTY AS TO THE COST THEREOF, AS TO THE MANNER OF PAYMENT THEREFOR, AND AS TO THE AMOUNT THEREOF TO BE SPECIALLY ASSESSED AGAINST EACH PROPERTY BENEFITED THEREBY. WHEREAS, the Board of County Commissioners of Indian River County has, by Resolution No. 9 5 -16 $ determined that it is necessary for the public welfare of the citizens of the county, and particularly as to those living, working, and owning 80 December 19, 1995 01 11 RESOLUTION NO. 95-169 property within the area described herein, that paving and drainage improvements be made to said property, and WHEREAS, the Board of County Commissioners has caused an assessment roll to be completed and filed with the Clerk to the Board; and WHEREAS, Section 206.06, Indian River County Code, requires that the Board of County Commissioners shall fix a time and place at which the owners of the properties to be assessed or any other persons interested therein may appear before the Board of County Commissioners and be heard as to the propriety and advisability of making paving and drainage improvements to said property, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each property benefited thereby, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The County Commission shall meet at the County Commission chambers in the County Administration Building at the hour of 9:05 A.M. on Tuesday January 16. 1996, 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. 81 December 19, 1995 BOOK 96 PmE 851 BOOK 96 FA rE 852 RESOLUTION NO. 95-169 3. Notice of the time and place of this public hearing shall be given by the Department of Public Works by two publications in the Vero Beach Press Journal Newspaper a week apart. The last publication shall be at least one week prior to the date of the hearing. The Indian River County Department of Public Works shall give the owner of each property to be specially assessed at least ten days notice in writing of such time and place, which shall be served by mailing a copy of such notice to each of such property owners at his last known address. The resolution was moved for adoption by Commissioner E g g e 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 A y e 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 duly passed and adopted this 19 day of December , 1995. Qi i1A ' � 1 Attachment: ASSESSMENT ROLL C:\wp60\data95\8thset.res 82 December 19, 1995 OF COUNTY COP RIVER CQUN,;rY, MACHT, Chairman -I E fA+,.a1, Ira,� WABASSO CAUSEWAY AND DALE WENIBROW BOAT RAMPS CHANGE ORDERS NO. 1 - PREMIER DREDGE & MARINE, INC. The Board reviewed a Memorandum of December 11, 1995: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director FROM: Terry B. Thompson, P.EC�Jr Capital Projects Manager SUBJECT: Change Order No. 1 Wabasso Causeway Boat Ramp and Dale Wimbrow Boat Ramp DATE: December 11, 1995 DESCRIPTION AND CONDITIONS Construction of the boat ramps at Wabasso Causeway and Dale Wimbrow are almost complete. The increases and decreases on the attached Change Orders adjust contract quantities to actual quantities of work performed. At the Wabasso Causeway Boat Ramp there was an unknown subsurface condition that required additional labor and equipment to prepunch piling through a layer of rock. The dost of this additional work was calculated from actual labor and material costs. Quantities for additional excavation and backfill are being deleted from the Wabasso Contract on the attached Change Order No. 1 because they were not necessary. The net Change Order amount for Wabasso Causeway is an increase in the amount of $2,048.65 for a revised contract total of $151,778.45. At the Dale Wimbrow Boat Ramp additional labor and materials were required to extend the dock an additional ten (10) feet. Quantities for additional excavation and backfill were not necessary and are deleted on the attached Change Order No. 1. The net Change Order amount for Dale Wimbrow Boat Ramp is a deduct in the amount of (-$2,089.10) for a revised contract amcunt of $89,708.30. Staff recommends the following actions be taken: 1. Approve Change Order No.1 for Wabasso Causeway Boat Ramp. 2. Approve Change Order No.1 for Dale Wimbrow Boat Ramp. 3. Approve release of 10% retainage and final payment for Wabasso Causeway and Dale Wimbrow Boat Ramps upon completion of all contract items to the satisfaction of the County. The final application for payment will be accompanied by releases or waivers of all liens and all documentation called for in the Contract Documents. Wabasso Causeway Boat Ramp is funded from a $120,000.00 grant from the Department of Environmental Protection (DEP). Dale Wimbrow Boat Ramp is funded from an $80,000.00 DEP grant. The balance in the amount of $41,484.75 is funded from optional sales tax. 83 December 19, 1995 BOOK 96 Par;E 853 80% ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved Change Order No. 1 for Wabasso Causeway Boat Ramp and Change Order No. 1 for Dale Wimbrow Boat Ramp, as outlined and recommended by staff in the memorandum. CHANGE ORDERS HAVE BEEN PLACED ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 58TH AVENUE RIGHT OF WAY ACQUISITION SE CORNER 26TH STREET/58TH AVENUE (BAILEY) The Board reviewed a Memorandum of December 11, 1995: TO: James E. Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director FROM: Donald G. Finney, SRA % County Right -of -Way Agent SUBJECT: 58th Avenue Right -of -Way Acquisition; of 26th Street and 58th Avenue DATE: December 11, 1995 DESCRIPTION AND CONDITIONS pvu 854 Southeast corner An additional 35 feet of right-of-way is required on the east side of 58th Avenue for the four lane paving improvement project from SR 60 to 33rd Street. The property owner has executed a contract with Addendum to donate the right-of-way to the county in exchange for the conditions in the Addendum. The terms of the contract and addendum provide the county constructing a median opening for southbound 58th Avenue ingress to the seller's property, with no southbound egress, and ingress/egress access on 26th Street. Buyers. to provide a sidewalk on 58th Avenue and adjacent to 26th Street or, in"lieu of sidewalk on 26th Street, reimburse the Seller $1,000. Completion of the project is to be accomplished by January 1, 2000 or the property reverts to the Seller. Seller will have transfer of density credit for the 1.032 acres conveyed to the County. Buyer shall pay cost of recording fees. Sellers to pay their own attorneys fees. There are no appraisal or attorney fees attributed to the Buyer. 84 December 19, 1995 RECOMMENDATION Staff requests the Board of County Commissioners approve the Contract and Addendum and authorize the Chairman to execute the contracts in triplicate. FUNDING 58th Avenue, Funding to be from District 8 Traffic Impact Fee #101- 158-541-067.30 with reimbursement from the Local Option Sales Tax Revenue 1995/96. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously approved the Contract for Sale and Purchase with Ben F. Bailey, III, and Addendum, as recommended in the memorandum. CONTRACT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD ROSELAND RD. PAVING BETWEEN CR -512 AND LACONIA STREET DEVELOPER'S AGREEMENT WITH PTC ENTERPRISES, INC. The Board reviewed a Memorandum of December 11, 1995: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E., Public Works Directo SUBJECT., Developer's Agreement for Paving of Roseland Road between CR512 and Laconia Street in Sebastian REF. LEITER: Patrick T. Christiansen, PTC Enterprises to James Davis dated Dec. 8, 1995 DATE: December 11, 1995 DESCRIPTION AND CONDITIONS County Public Works Department has negotiated the attached developer's agreement with PTC Enterprises, Inc. (PTC) to construct a 1000 lineal feet section of Roseland Road south of CR512. PTC is developing a large Winn Dude MarketPlace food store at the southeast corner of Roseland Road and CR512. The road will connect Laconia Street to CR512, provide for access to the Winn DWe, and serve for future access to the North County Library. 85 December 19, 1995 BOOK 96 Fa,E. 855 BOOK 96 FADE 856 TERNATWES AND ANALYSIS The agreement provides for the developer funding $65,245.60 (equal to the developments Traffic Impact Fee) and the County funding $96,822.64 (from Traffic Impact Fee District 3). The developer will acquire needed right-of-way, and deed it to -the City of Sebastian, accept the stormwater from the Road and route it through an on-site stormwater system. and will fund 100% of site related turn lanes and sidewalks. The alternatives presented are: Alternative No. 1 Approve the agreement since it will provide a signalized intersection connection to CR512 serving the North County Library, the proposed Winn Dbde, and Sebastian Highlands south of CR512. Alternative No. 2 Deny approval. RECOMMENDATIONS AND FUNDING Staff recommends Alternative No. 1 whereby the agreement is approved. Funding to be from District 3 Traffic Impact Fee fund. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved the Agreement with PTC Enterprises, Inc. for a signalized intersection connection to CR 512 serving the North County Library; proposed Winn Dixie, and Sebastian Highlands south of CR 512, as recommended in the memorandum. (Alternative No. 1) AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD FEC GRADE CROSSING LICENSE AGREEMENT -HIGHLANDS DRIVE The Board reviewed a Memorandum of December 11, 1995: TO: James E. Chandler, County Administrator THROUGH: James W. Davis, P.E. Public Works Director <:0 FROM: Christopher R. Mora, P.E. County Traffic Engineer SUBJECT: F.E.C. Railroad Grade Crossing License Agreement Highland Drive RE: Letter from Ronald E. Holmes, Florida Department of Transportation (FDOT) to Christopher R. Mora, dated November 30, 1995 DATE: December 11, 1995 86 December 19, 1995 DESCRIPTION AND CONDITIONS The Florida Department of Transportation proposes to have the Florida East Coast Railway Co. install cantilevered automatic grade crossing traffic control devices at the Highland Drive - F.E.C. railroad crossing. ALTERNATIVES AND ANALYSIS This construction project is funded by the Federal Highway Administration and the Department - of Transportation, with no construction cost to the County. The cost of construction is estimated to be $153,516.00. The installation is targeted for completion in 1997. Alternative No. 1 Approve the license agreement and authorize the chairman to execute it on behalf of the County.. Alternative No. 2 Deny approval. RECOMMENDATIONS & FUNDING Staff recommends Alternative No. 1 whereby the agreement is approved. Annual maintenance cost will be budgeted in Fund 111, Transportation Fund. Commissioner Bird commented that these agreements with the railroad are absolutely the most one-sided, (in favor of the railroad) blank -check -writing agreements he has ever seen in his life. He knew it had been discussed before and recalled that the theory is that the railroad was here first and the road crossings were caused later by government and, therefore, the railroad should not bear the responsibility. Administrator Chandler advised that $153,000 of the cost for this installation was not the County's responsibility. In order to clarify, Public Works Director Jim Davis advised that there were three agreements on the agenda today. The Highland Drive and Glendale Road agreements are paid by Florida Department of Transportation. The cost for the third one, CR -512, is budgeted in the capital project for widening CR -512. Commissioner Bird apologized, saying that his remarks were concerning the third agreement, CR -512, but since license agreements were in place on the other two they probably were similar. MOTION WAS MADE by Commissioner Adams, SECONDED BY Commissioner Eggert, to adopt Resolution 95-170 and approve the Agreement, per staff's recommendation as set forth in the memorandum. (Alternative No. 1) 87 December 19, 1995 BOOK 96 PACE 857 BOOK 96 PA,E 858 RAILROAD REIMBURSEMENT AGREEMENT HAS BEEN PLACED ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WAIT OF F4)R(DA DhPARTMEXr OF rItAt4W-19TAn1)H P. WM _a. v'-� COUNTY RESOLLTION 9'5-17e- RML .Ikrl GRADE CROSSING TRAFFIC CONTROL DEVICES AND FUTURE RESPONSIBILITY COUNTY SECTION 108 NUMBER ROAD NAME OR NUMBER COUNTY NAME PARCEL R R/W NUMBER I FAP "LUMBER 88 000 6908 HIGHLANDS DR. INDIAN R. 1 (SIGR ) SR -000S( A RESOLUTION AUTHORIZING EXECUTION OF A RAILROAD REIMBURSEMENT AGREEMENT FOR THE INSTALLATION OF GRADE CROSSING TRAFFIC CONTROL DEVICES, AND FUTURE MAINTENANCE AND ADJUSTMENT OF SAID DEVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS AND PROVIDING WHEN THIS RESOLUTION SHALL TAKE EFFECT. RESOLUTION NO. 9.'—/ 7452 ON MOTION OF Commissioner &A—� seconded by Commissioner — RESOLUTION was adopted: the following WHEREAS, the State of Florida Department of Transportation is constructing, reconstructing or otherwise changing a portion of the Public Road System, on Highlands Dr. , which shall call for the installation and maintenance of railroad grade crossing traffic control devices for railroad grade crossing over or near said highway; and NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY COMMISSION OF COUNTY, FLORIDA; Indian River That Indian River County enter into a RAILROAD REIMBURSEMENT AGREEMENT with the State of Florida Department of Transportation and the Florida East Coast Railway Company for the installation and maintenance of certain grade crossing traffic control devices designated as Job No. 88000-6908 on Highlands Dr. which crosses the right of way and tracks of the Company at FDOT/AAR Crossing No. 272201—R located near Vero Beach , Florida; and That the County assume its share of the costs for future maintenance and adjustment of said grade crossing traffic control devices as designated in the RAILROAD REIMBURSEMENT AGREEMENT; and That the Chairman and Clerk of the Board of County Commissioners be authorized to enter into such agreements with the State of Florida Department of Transportation and the Florida East Coast Railway Company as herein described; and That this RESOLUTION shall take effect immediately upon adoption. INTRODUCED AND PASSED by the Board of County Commissioners of Indian River County, Florida, in regular session this day of 19� airman of the Boar o ounty Commissioners ATTEST: 88 December 19, 1995 94 ) Indran River Ca Avoroved Dale Legal O i�-t3-SIS 9udget X90!. Zale U RECYCUM wa FEC GRADE CROSSING LICENSE AGREEMENT - GLENDALE ROAD The Board reviewed a Memorandum of December 11, 1995: TO: James E. Chandler, County Administrator THROUGH: James W. Davis, P.E. Public Works Director FROM: Christopher R. Mora, P.E. C-V� County Traffic Engineer SUBJECT: F.E.C. Railroad Grade Crossing License Agreement Glendale Road RE: Letter from Ronald E. Holmes, Florida Department of Transportation (FDOT) to Christopher R. Mora, dated November 29, 1995 DATE: December 11, 1995 DESCRIPTION AND CONDITIONS The Florida Department of Transportation proposes to have the Florida East Coast Railway Co. install cantilevered automatic grade crossing traffic control devices at the Glendale Road - F.E.C. railroad crossing. ALTERNATIVES AND ANALYSIS This construction project is funded by the Federal Highway Administration and the Department - of Transportation, with no construction' cost to the County. The cost of construction is estimated to be $133,190.00, with completion.slated for 1997. The County is obligated to pay yearly maintenance costs in the amount of $2,117.00. The County is currently paying this fee. Alternative No. -I Approve the license agreement and execute it on behalf of the County. Alternative No. 2 Deny approval. authorize the chairman to RECOMMENDATIONS & FUNDING Staff recommends Alternative No. 1 whereby the agreement is approved. Funding to continue to be from the Traffic Engineering FEC maintenance budget. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously adopted Resolution 95-171 and approved the Agreement, per staff's recommendation as set forth in the memorandum. (Alternative No. 1) 89 December 19, 1995 PE 80a 96 PA. 859 BOOK 96 PAGE 860 RAILROAD REIMBURSEMENT AGREEMENT HAS BEEN PLACED ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD tr,rn n rruru', rnr,wr%nvr •n ru.,v•.I•.cr,If—. Y COUNTRES0 1Ar1ION OY7r GRADE: GROSSING TRAFFIC CONTROL DEVICES AND FUT-URE RF 11-(1N1ZfEtn rry RAIL � SEr'ilrN rUBF1 ROAD F FI 'r>I1NYY)IINTY AMF PARCEL A R/W NUMBER FAP NUMElFR 88 000 6908 GLENDALE RD. INDIAN R. 45(88580-2151 SR-OOOS(3! A RESOLUTION AUTHORIZING EXECUTION OF A RAILROAD REIMBURSEMENT AGREEMENT FOR THE INSTALLATION OF GRADE CROSSING TRAFFIC CONTROL DEVICES, AND FUTURE MAINTENANCE AND ADJUSTMENT OF SAID DEVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS AND PROVIDING WHEN THIS RESOLUTION SHALL TAKE EFFECT. RESOLUON NO. 95—/ 7/ ON MOTION OF Comm' sioner 2 seconded by Commissioner , the following RESOLUTION was adopted: WHEREAS, the State of Florida Department of Transportation is constructing, reconstructing or otherwise changing a portion of the Public Road System, on Glendale Road which shall call for the installation and maintenance of railroad grade crossing traffic control devices for railroad , grade crossing over or near said highway; and NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY COMMISSION OF Indian River COUNTY, FLORIDA: That Indian River County enter into a RAILROAD REIMBURSEMENT AGREEMENT with the State of Florida Department of Transportation and the Florida East Coast Railway Company for the installation and maintenance of certain grade crossing traffic control devices designated as Job No. 88000-6908 on Glendale Rd. which crosses the right of way and tracks of the Company at FDOT/AAR Crossing No. 272197-D located near Vero Beach Florida; and That the County assume its share of the costs for future maintenance and adjustment of said grade crossing traffic control devices as designated in the RAILROAD REIMBURSEMENT AGREEMENT; and That the Chairman and Clerk of the Board of County Commissioners be authorized to' enter into such agreements with the State of Florida Department of Transportation and the Florida East Coast Railway Company as herein described; and That this RESOLUTION shalINtake effect immediately upon adoption. INTRODUCED AND PASSED by the Board of County Commissioners of Indian River County, Florida, in regular session this - f �l day of Cha'Einanof the Board�of ounty Commissioners :ndian Rim ca A;PrOved Dale ATTEST: (SEAL) Admin. rte, o e Board of C Commissioners •?�! S r� -t3 • °I, 0 IL G m December 19, 1995 14) FEC GRADE CROSSING LICENSE AGREEMENT FELLSMERE ROAD, CR -512 EAST BOUND The Board reviewed a Memorandum of December 6, 1995: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director FROM: Roger D. Cain, P.E, V County Engineer SUBJECT: Florida East Coast Railway Grade Crossing, License Agreement, Fensmere Road, CR512 East Bound DATE: December 6, 1995 DESCRIPTION AND CONDMONS In March 28, 1995, staff brought before the commission a Stipulation of Parties Agreement with the Florida East Coast Railway and the Florida Department of Transportation for the construction of a new crossing as part of the CR 512 widening project. These agreements, one for each crossing, cover the construction of the crossings and the crossing protection, and the removal of the crossings at Bay Street and 87th Street. The Minutes of that meeting are attached. As construction of that portion of the project is now very close to reality, staff is requesting that the agreement with F.E.C.R.R. be approved. The agreement approved by the Board in 1990 was to close the crossmgs over the FEC at Bay Street and at -87th Street. The County will be granted a crossing opening for westbound traffic on new CR 512, with the existing CR 512 crossing serving for Eastbound traffic. ALTERNATIVES AND ANALYSIS Staff recommends that the Board direct the Chairman to execute this agreement on behalf of the Board. As the Board previously approved this agreement no alternative is being presented. RECOMMENDATION AND FUNDING Funding to be from Traffic Impact Fee District 3, in the amount of $509,177.76. 91 December 19, 1995 BOOK 96 PAr 861 BOOK 96 PAGE 862 Commissioner Bird referred to an item above (see Highlands Drive/FEC crossing item) and advised he would not repeat his comments. Administrator Chandler recalled that when discussions first began on these crossings, the railroad wanted to close four crossings at the same time. It wasn't much of a consolation, but staff was able to get it down to two. He commented that the railroad was worse than DOT in terms of something that's Bottom- line acceptable. Discussion ensued on safety considerations when crossings were closed, and Commissioner Adams was concerned about access to the hospital if there was an accident at Roseland Road. She pointed out the historical importance of that road. Administrator Chandler added that was a part of their negotiations because it was Emergency Services' route to the hospital. Commissioner Adams added that what really galls her is that we subsidize the railroad from tax dollars and then they treat us like this. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved the Agreement, as recommended by staff in the memorandum. AGREEMENT WILL BE PLACED ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN RECEIVED WEST REGIONAL WASTEWATER TREATMENT PLANT J.J. KIRLIN, INC. - CHANGE ORDER NO. 3 DELETED. WEST REGIONAL WASTEWATER TREATMENT PLANT EXPANSION AMENDMENT TO ENGINEERING WORK AUTHORIZATION MALCOLM FU NEE, INC. DELETED. 92 December 19, 1995 SOUTH COUNTY EFFLUENT REUSE SYSTEM CONTINUATION ENGINEERING ADDENDUM - CARTER ASSOCIATES, INC. AND CHANGE ORDER NO. 2 - TREASURE COAST CONTRACTING The Board reviewed a Memorandum of December 7, 1995: DATE: DECEMBER 7, 1995 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTI T RVICES PREPARED WILLIAM F. MCCAIN AND STAFFED CAPITAL PROJECTS ENGINEER BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: SOUTH COUNTY EFFLUENT REUSE SYSTEM CONTINUATION, ENGINEERING ADDENDUM, SOUTH U.S. 1 WATER, CHANGE ORDER NO. 2 INDIAN RIVER COUNTY PROJECT NO. US -94 -02 -ED BACKGROUND On November 7, 1995, the Indian River County Board of County Commissioners approved an addendum with Carter Associates, Inc., for the design of "onsite" effluent reuse lines at the West Regional Wastewater Treatment Plant as an extension of the South County Effluent Project. (See attached agenda and minutes). As stated, we were originally proposing to utilize the existing contract for the South County effluent line. This is no longer possible or desirable. (See attached letter from Carter Associates) We are now proposing a change order with Treasure Coast Contracting for this work. (See attached change order). We are also seeking approval of additional engineering fees related to the South County effluent project. (See attached Addendum with Carter Associates.) ANALYSIS The cost for the above outlined work is as follows: Engineering Addendum $ 6,666.95 Construction Change Order $132,482.04 The negotiated engineering fee for the required scope and is in line with the previously approved contract. (See attached Engineering Addendum). The Proposed construction change order (which was negotiated by this Department) is less than if performed as originally proposed by the--- efflue-+. contractor. RECOMMENDATION The staff of the Department of Utility Services recommends approval of the engineering addendum with Carter Associates, Inc., and the change order with Treasure Coast Contracting as presented. 93 December 19, 1995 Bou 96 PACE 863 BOOK ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved the amendment to engineering work authorization with Carter Associates, Inc. and Change Order No. 2 with Treasure Coast Contracting as presented, as recommended in the memorandum. AMENDMENT TO ENGINEERING WORK AUTHORIZATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD CHANGE ORDER NO. 2 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WASTEWATER FACILITIES a AURELWOOD, VISTA GARDENS, VISTA ROYALE) AGREEMENT - HYDROLOGIC FLORIDA, INC. CONTRACT OPERATION, MAINTENANCE, AND MANAGEMENT SERVICES Utility Services Director Terry Pinto reviewed a Memorandum of December 11, 1995: DATE: December 11, 1995 TO: JAMES E. CHANDLER COUNTY ADMINISTRATVS FROM: TERRANCE G. PINTO DIRECTOR OF UTIL PREPARED HARRY E. ASHai AND STAFFED ASSISTANT DIRE OR OF UTILITIES BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: AGREEMENT FOR CONTRACT OPERATION, MAINTENANCE AND MANAGEMENT SERVICES FOR INDIAN RIVER COUNTY WASTEWATER FACILITIES (LAURELWOOD, VISTA GARDENS; VISTA ROYALE) WITH HYDROLOGIC FLORIDA, INC. BACKGROUND The Department of Utility Services, at the direction of the Board of County Commissioners, began exploring the possibilities of contract operations (privatization) of various utility operations in 1994/95. On September 27, 1905, the Department of Utility Services received three (3) responses to the Request For Proposal No. 6017 to provide comprehensive contract operations and maintenance services for wastewater facilities (Laurelwood, Vista Gardens, Vista Royale treatment plants). 94 December 19, 1995 The selection as follows: (1) (2) (3) committee reviewed the proposals and ranked the f irms Hydrologic Florida, Inc. Southern States Utilities Avatar Utility Services. On November 1, 1995, the Board of County Commissioners authorized the Department of Utility Services to begin negotiations with the first ranked firm Hydrologic Florida, Inc. and to proceed with negotiations with subsequently ranked firms should the negotiations with the first ranked firm fail (Copy Attached). ANALYSIS The staff of the Department of Utility Services has met with Hydrologic Florida, Inc. and has negotiated the attached proposed Agreement for Contract Operation, Maintenance and Management Services for Indian River County Wastewater Facilities (Laurelwood, Vista Gardens, Vista Royale) with Hydrologic Florida, Inc.(Agreement). The Agreement and proposed Scope of Services (Exhibit B of Agreement) was developed to assure operation and maintenance of the facilities will be at/or above current standards and protection for the County in the event of failure to perform by Hydrologic Florida, Inc.. A Performance Bond in the amount of $150,000.00 (projected first year contractual costs) securing performance under the Agreement is required prior to commencing operations. The proposed Agreement is for an initial term of two years, with the option for an extension of an additional two years upon agreement by both parties. The County or Hydrologic shall have the right to terminate the Agreement with ninety (90) days written notice (with or without cause) and in the event of a breach of the Agreement, the non -breaching party may terminate the Agreement after thirty'(30) days notice of the breach and an opportunity to correct. The proposed fee schedule (Sect. V, 5.1, page 10) for the two (2) year Agreement would be as follows: 1/1/96 to 12/31/96 $149,940.00 1/1/97 to 12/31/97 $155,184.00 (3.5% increase) 1/1/98 to 12/31/98 $160,620.00 (3.5% increase if contract extended beyond 2 yrs.) The proposed fee schedule for performing the required services for the first year under the Agreement will be $149,940.00. The 1994/95 annual cost for operations was $180,851.17. Based upon increased chemical costs and labor costs the projected 1995/96 cost for operations will be $189,697.00. The projected reduction in costs would be as follows: Projected 95/96 Operation and Maintenance Costs $189,697.00 Projected Contractual Agreement Costs 149,940.00 Projected Cost Savings $ 39,757.00 Projected % Cost Savings 20.95% If approved, the proposed start date of the Agreement would be January 1, 1996. As previously reported in the November 1, 1995, Board of County Commissioners,' meeting, if the Agreement is approved two wastewater operator positions will be eliminated. W December 19, 1995 The staff of the Department of Utility Services recommends Board of County Commissioners approval of the Agreement for Contract Operation, Maintenance and Management Services for Indian River County Wastewater Facilities (Laurelwood, Vista Gardens, Vista Royale) with Hydrologic Florida, Inc. and authorize the execution of the Agreement by the Chairman of the Board of County Commissioners. Director Pinto pointed out that Hydrologic would provide the same or better service at a 20% savings. He stressed that 'the County employees were good operators so privatization of these facilities was no reflection on them. He added that this was a difficult process to go through especially because it affected loyal employees, sort of a slap in the face to those who have done a good job. Director Pinto was convinced, however, that this method is the best and most economic way to save taxpayer dollars. The displaced employees will have the opportunity for private sector employment. Private companies have an easier way to attract and hire employees. He advised that Assistant Utilities Director Harry Asher had discussed the possible hiring by Hydrologic of the two County employees who will be displaced by the contract with Hydrologic. He felt they would have the opportunity to become employed by Hydrologic or other private companies. Commissioner Eggert was concerned for the employees because January 1 is a bad time of the year to make such a change. She also wanted assurances that the employees would have a 90 -day trial with the new company. Director Pinto responded that the contract would begin when the County says it would begin and they could make it a requirement of the contract that the employees would be hired with a 90 -day trial period. In response to Commissioner Adams' questions, Assistant Director Asher advised that the Selection Committee consisted of himself, Capital Projects Engineer Bill McCain, and Wastewater Superintendent Terry Southard and that the contract evolved from sample contracts that have been used in St. Lucie County. In response to Commissioner Adams, County Attorney Vitunac advised that he had reviewed the contract and gave about 20 written changes to Assistant Director Asher. Commissioner Adams proceeded to review numerous concerns in the contract as well as qualifications and salary levels of the operators. Director Pinto and Assistant Director Asher responded to her questions and concerns. 96 December 19, 1995 Commissioner Adams was not convinced this contract was needed and believed a savings could be achieved with a management approach. Chairman Macht was interested in the value of the residue labor of the two employees who would lose their jobs if the contract was approved. He believed that the extra hours on the job which were not directly related to "operating" were useful and would be lost if the contract was approved. Director Pinto pointed out that the employees were hired to work 8 hours, and he believed it was a cost, not a value. The cost went up because of the limitations in government. In response to Commissioner Eggert, Assistant Director Asher advised that these facilities would become part of the regional system. Commissioner Bird spoke in favor of the contract and credited Director Pinto for finding a way to respond to the Board's direction to reduce expenses and down -size. He believed the -operation of goverment is business and should be treated as such. Commissioner Tippin pointed out that many counties are going through privatization to economize, especially jails and utilities. Mike Scott, business representative for Teamsters Local Union No. 769 argued that the true savings, using recent numbers, would only be $16,970 and referred to information in folders he handed out to the Board members. He pointed out that staff's figures were somewhat misleading because they were old and other costs had been included. Mr. Scott stressed that operation costs have come down and believed the quality of service was better at County -operated plants rather than at contracted facilities. (CLERK'S NOTE: A copy of Mr. Scott's handout has been filed with the backup material in the Office of the Clerk to the Board.) Jim DeGraffenreid, an 8 -year County employee and chief operator of the West Regional Wastewater Treatment Plant, explained that he had an "A" license and 20 years of experience in wastewater treatment facilities. Through use of photos and a home video, in a lengthy presentation, he showed the difference in the quality of service at County -maintained facilities versus facilities which have already been contracted to Hydrologic. (CLERK'S NOTE: Photos submitted are on file in the Office of the Clerk to the Board.) Mr. Scott, referring to various pages of his handout, advised of discrepancies in the Sebastian Highlands facility log book on October 26, December 5, 7, and 11, 1995. These discrepancies involved operators not physically on duty when the log book A6 December 19, 1995 BOOK 9 PAu 867 BOOK 96 Pit 668 indicated they were. He felt these absences should raise a red flag and doubts about contracting with Hydrologic. In response to Commissioner Adams' inquiry on how that contract came about, Administrator Chandler advised that the Sebastian Highlands contract was an interim contract done administratively until the facility could be brought into the County's system. Director Pinto stated that the contract was done.by purchase order in an effort to reduce expenses. MOTION WAS MADE by Commissioner Adams, SECONDED BY Commissioner Eggert, to deny approval of the agreement and request that staff look to supervisory management for cost reductions. Commissioner Bird wanted the representative of Hydrologic to address the previous remarks. Chairman Macht was very concerned about the discrepancies in the log and felt that falsification of log records ought to be grounds for immediate dismissal and setting the contract aside. Les Kemp, representing Hydrologic, defended the maintenance of the three facilities maintained by Hydrologic because their contracts at Snug Harbor and Marsh Island were for operations only and did not require maintenance. He felt that the company's reputation had taken a beating today, but suggested that they check with St. Lucie County's Administrator or Utility Director as to their satisfaction with the quality of service provided by Hydrologic. Commissioner Bird planned to vote against the. motion. He would vote in favor of the agreement, provided the contract is delayed to February or March 1st and Hydrologic hired the two employees, at least on a probationary basis. Mr. Kemp indicated that both requirements could be added to the proposed contract. Chairman Macht emphasized that the savings did not justify the risk. He was very concerned with the exterior maintenance as well as the inaccuracies in the logs. Commissioner Bird pointed out that Hydrologic would do the maintenance under this contract. Director Pinto interjected that the savings presented in the memorandum would be realized. He added that he felt awkward to be in this kind of predicament because personnel are involved and 98 December 19, 1995 staff was responding to what the Board had requested. He needed a clear understanding of what the Board wanted in this matter. Administrator Chandler stressed that if the Board rejected this contract, he and staff would need further direction to know what the Board wanted on pursuing privatization. Administrator Chandler cautioned that the privatization of the golf course was presently out for bid. Commissioner Eggert believed that rejection of this contract should not be viewed as a rejection of privatization. Commissioner Bird thought that because of the 20% savings, which would be significant, that it would be a bad business decision not to go forward with the contract. Commissioner Adams was concerned because it was a public- health -oriented contract and did not feel the savings was significant enough to make a change in a service that involved the health and safety of residents. - Chairman Macht commented the* Board does not know what the concerns are on a particular matter until it is discussed at a meeting. He added that he is inclined to favor privatization of the golf course and the landfill, but he will not yield his responsibility to make a decision at the table as required by law. Administrator Chandler suggested that in the future staff would come before the Board with possible solutions in order to avoid time fruitlessly expended. Commissioner Adams wanted staff not to take this personally because problems may arise when something is presented to the Board in final form. She wanted the County employees to continue providing special services at these wastewater treatment plants. Administrator Chandler observed that staff needs to keep the Board more informed, and perhaps they had used too much initiative. THE CHAIRMAN CALLED THE QUESTION and the motion carried 3-2, Commissioners Bird and Tippin opposed. &J December 19, 1995 BOOK 96 PAGE 869 BOOK 96 Far,E 870 SOLID WASTE DISPOSAL DISTRICT Chairman Macht announced that immediately upon adjournment, the Board would reconvene sitting as the 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 12:22 p.m. ATTEST: J. rton, Clerk Minutes approved on ! (a'- b December 19, 1995 100