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HomeMy WebLinkAbout9/24/1996MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA A G E N D A TUESDAY, SEPTEMBER 24,1996 9:00 A.M. - COUNTY COMMISSION CHAMBER County Administration Building 1840 25th Street Vero Beach, Florida COUNTY COMMISSIONERS Fran B. Adams, Chairman (District 1) Carolyn K. Eggert, Vice Chairman (District 2) Richard N. Bird (District 5) Kenneth R. Macht (District 3) 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 BACKUP PAGES 2. INVOCATION 3. PLEDGE OF ALLEGIANCE - Comm. Fran B. Adams 4. ADDITIONS to the AGENDA/EMERGENCY ITEMS ADDED 7.P. County Administrator's Evaluation ADDED 13.D. Comments on Sebastian Scrub Issue DEFERRED 7.C. Final Plat Approval for Walkers Glen West Unit II 5. PROCLAMATION and PRESENTATIONS Proclamation Presented to Layton Brown, Retiring Utilities Department Employee 1-2 6. APPROVAL OF MINUTES A. Regular Meeting of August 27, 1996 B. Regular Meeting of September 3, 1996 7. CONSENT AGENDA A. Approval of Warrants (memorandum dated September 12, 1996) 3-10 B. Report DR -505 -List of Errors, Insolvencies, Double Assessments and Discounts for 1995 Tax Roll (memorandum dated September 13, 1996) 11-23 C. Final Plat Approval for Walkers Glen West Unit Il (memorandum dated September 17, 1996) 24-33 BOOK 99 vAu,17 7. CONSENT AGENDA (cont'd )• BACKUP -- PAGES D. 1997 State Aid Application and Contract (Library Services) (memorandum dated September 11, 1996) 34-40 E. Award Bid #6065 / Deep Tine Aerifier (Sandridge Golf Course) (memorandum dated September 13, 1996) 41-46 F. RFP #6074 - Consultant Selection - CR512 Widening, Paving & Drainage Improvements Between I-95 and Roseland Road Including Bridge Replacement at South Prong of Sebastian River (memorandum dated September 13, 1996) 47-50 G. Declare Equipment Surplus for Sale (memorandum dated August 27, 1996) 51-57 H. Award Bid #7000 / Annual Limerock Contract (Road and Bridge) (memorandum dated September 10, 1996) 58-64 I. Award Bid #7004 / Annual Bid for Calcium Hypochlorite (Utilities Dept.) (memorandum dated September 11, 1996) 65-71 J. 26th Street - R -O -W Acquisition - (memorandum dated September 13, 1996) 72-81 K. County Tax Deed Sales Applications (memorandum dated September 12, 1996) 82-83 L. Resolution Accepting a Conservation Easement and Assessing Same Pursuant to Section 193.501, Florida Statutes (memorandum dated September 18, 1996) 84-91 M. Contract Meter Reading Services - Contract with Avatar Utility Services, Inc. (memorandum dated September 16,1996) 92-94 N. Miscellaneous Budget Amendment (memorandum dated September 18, 1996) 95-98 O. Tax Exemption Referendum (memorandum dated September 17, 1996) 98A -98B 8. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None 9:05 A.M. 9. PUBLIC ITEMS BACKUP PAGES A. PUBLIC HEARINGS Able Health Services Request for the Issuance of a Class "E" Certificate of Public Convenience and Necessity to Provide Wheelchair Transportation Services (memorandum dated September 16, 1996) 99-153 B. PUBLIC DISCUSSION ITEMS None 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. Community Develplament None B. Emergency Services Approval of FY 1996/97 EMS County Awards Grant; Purchase of Capital/Operating Equipment with Non -Matching EMS Grant Funds; and Grant Resolution (memorandum dated September 13, 1996) 154-166 C. General Services None D. Leisure Services None E. Office of Management and Budget None F. Personnel 1. Revisions to Administrative Policy Manual (memorandum dated September 11, 1996) 167-174 2. Service Agreement Renewal; Third Party Claims Administration Services (memorandum dated September 16, 1996) 175-187 G. Public Works 1. As -Built Resolution & Assessment Roll for Paving and Drainage Improvements to 8th Court South of 2nd Street (memorandum dated September 9, 1996) 188-195 0904 99 PAyJ78, BOOK FAGS 179 11. DEPARTMENTAL MATTERS (cont'd )• PAG KUP PAGES G. Public Works (cont'd.): 2. 1996-97 Waterways Assistance Program Project - Environmental Learning Center (memorandum dated September 17, 1996) 196-205 3. Developer's Agreement to Construct Improve- ments to 43rd Ave. Between 1st Street SW & 2nd Street (memorandum dated August 30, 1996) 206-211 H. Utilities 1. Telemetry System Upgrade for Water Plants and Distribution System/Project Implementation (memorandum dated September 10, 1996) 212-220 2. Agreement for Interconnection of St. Lucie Indian River Counties with Water Service - _ (memorandum dated September 18, 1996) 221-225 12. COUNTY ATTORNEY Willow Street Lawsuit (memorandum dated September. 18, 1996) 226-227 13. COMMISSIONERS ITEMS A. Chairman Fran B. Adams B. Vice Chairman Carolyn K. Eggert C. Commissioner Richard N. Bird D. Commissioner Kenneth R. Macht E. Commissioner John W. Tiepin 14.' SPECIAL DISTRICTS/BOARDS BACKUP PAGES A. Emergency Services District None B. Solid Waste Disposal District 1. Approval of Minutes - Meeting of 9/3/96 2. Sole 1996 Petition to Solid Waste Disposal District Adjustment Board Appeal Hearing (continued from meeting of 9/17/96) 228-250 (additional backup provided separately) C. Environmental Control Board None 15. ADJOURNMENT Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the county's Americans with Disabilities Act (ADA) coordinator at 567-8000 x408 at least 48 hours in advance of meeting. Meeting broadcast live on TCI Cable Channel 13 - rebroadcast S: 00 p.m. Thursday through 5:00 p.m. Friday Falcon Cable Channel 35 - rebroadcast Friday evening INDEX. TO MINUTES SEPTEMBER 24, 1996 REGULAR MEETING OF THE BOARD OF COUNTY COMNIISSIONERS PROCLAMATION PRESENTED TO LAYTON BROWN, RETIRING UTILITIES DEPARTMENT EMPLOYEE . . . . . . . . . . . . . . . . . . 1 ADDITIONS TO THE AGENDA/EMERGENCY ITEMS . . . . . . . . . . . 2 APPROVAL OF MINUTES . . . . . . . . . . . . . . . . . . . . . 2 CONSENT AGENDA . . . . . . . . . . . . . . . . . . . . . . . 2 A. Approval of Warrants . . . . . . . . . . . . . . . . 2 B. Report DR -505 - List of Errors, Insolvencies, Double Assessments and Discounts for 1995 Tax Roll - Tax Collector. . . . . . . . . . . . . . . . . . . . . 8 C. Final Plat Approval for Walkers Glen West Unit II 9 D. 1997 State Aid Application and Contract (Library Services) . . . . . . . . . . . . . . . . . . . . . 9 E. Bid #6065 - Deep Tine Aerifier - Sandridge Golf Course - Lewis Equipment Company . . . . . . . . . 9 F. RFP 16074 - CR -512 Widening, Paving & Drainage Improvements (between I-95 and Roseland Road Including Bridge Replacement at South Prong of Sebastian River - Masteller & Moler, Inc. et al 11 G. Equipment Declared Surplus for Sale . . . . . . . 12 H. Bid #7000 - Annual Limerock Contract (Road & Bridge) - Stewart Mining and Blackhawk Quarry . . . . . . 13 I. Bid #7004 - Annual Bid for Calcium Hypochlorite (Utilities Department) - Apperson Chemicals . . . 15 J. 26th Street Right -of -Way Acquisition (donation) - Seminole Ventures, Inc . . . . . . . . . . . . . . 16 K. County Tax Deed Sales Applications . . . . . . . . 17 L. Conservation Easement and Assessing Same - LaFountain . . . . . . . . . . . . . . . . . . . 18 M. Meter Reading Services Contract - Avatar Utility Services, Inc. . . . . . . . . . . . . . . . . . 19 N. Miscellaneous Budget Amendment 030 . . . . . . . . 20 O. Tax Exemption Referendum . . . . . . . . . . . . . 23 P. County Administrator's Evaluation . . . . . . . •23 PUBLIC HEARING - ABLE HEALTH SERVICES REQUEST FOR THE ISSUANCE OF A CLASS "E" CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE WHEELCHAIR TRANSPORTATION SERVICES . . . . . . . . . . . . . . . . . . . . . . . 25 APPROVAL OF FY 1996/97 EMS COUNTY AWARDS GRANT; PURCHASE OF CAPITAL/OPERATING EQUIPMENT WITH NON-MATCHING EMS GRANT FUNDS, AND GRANT RESOLUTION . . . . . . . . . . . . . 36 ADMINISTRATIVE POLICY MANUAL REVISIONS . . . . . . . . . . BOOK 39 b®9K PuE , SERVICE AGREEMENT RENEWAL; THIRD PARTY CLAIMS ADMINISTRATION SERVICES - INSURANCE SERVICING & ADJUSTING COMPANY . . 8TH COURT SOUTH OF 2ND STREET - PAVING AND DRAINAGE IMPROVEMENTS - AS -BUILT RESOLUTION & ASSESSMENT ROLL . ENVIRONMENTAL LEARNING CENTER - 1996-97 WATERWAYS ASSISTANCE PROGRAM PROJECT. ' . . . . . . . . . . . . . . . . . . . 43RD AVENUE IMPROVEMENTS (BETWEEN 1ST STREET SW & 2ND STREET) - DEVELOPER'S AGREEMENT - DU -J'S, INC. . . . . . . . . TELEMETRY SYSTEM UPGRADE - WATER PLANTS AND DISTRIBUTION SYSTEM/PROJECT IMPLEMENTATION - COMMUNICATIONS INTERNATIONAL AND HTS CONTROLS . . . . . . . . . . . . ST. LUCIE COUNTY - WATER SERVICE INTERCONNECTION AGREEMENT WILLOW STREET LAWSUIT SETTLEMENT - DIRECTION TO STAFF . . . COMMENTS CONCERNING SEBASTIAN SCRUB LANDS . . . . . . . . . SOLID WASTE DISPOSAL DISTRICT . . . . . . . . . . . . . . . SOLID WASTE DISPOSAL DISTRICT ADJUSTMENT BOARD . . . . . . 40 42 48 48 50 52 53 55 55 55 Boa 99 ixk- 183 Tuesday, September 24, 1996 The Board of County Commissioners of Indian River County, Florida, met in County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Tuesday, September 24, 1996, at 9:00 a.m. Present were Fran B. Adams, Chairman; Carolyn K. Eggert, Vice Chairman; Richard N. Bird; Kenneth R. Macht; and John W. Tippin. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and Patricia Ridgely, Deputy Clerk. The Chairman called the meeting to order and led the Pledge of Allegiance to the Flag. PROCLAMATION PRESENTED TO LAYTON BROWN, RETIRING UTILITIES DEPARTMENT EMPLOYEE Chairman Adams read and presented the following proclamation and Retirement Award plaque to Mr. Layton Brown and wished him a happy birthday: Judtan 1%rX Qnuft Y/~ 'went, g4 00tototuft *d Zitif�2 �.06M fa b uThu pnonftd *b niExtt Awarb for m�fng petform»rnc ffitL fsitbhtl guake to °�aaad .� r8ownls r8ani�rtiddianer6 rM �B1E w+ gem of sendce 36l/z aaq of �ef� 19 9s Terrance Pinto Fran B. Adam Chairman _Director of Utility & operations Board of County Commissioners September 24, 1996 PROCLAMATION WHEREASLayton Brown announces his retirement from the utility Services Department and the Indian River County Board of County Commissioners effective September 26, 1996. WHEREAS, Layton Brown, originally from Fairfield, Ohio, moved to Florida in 1985. WHEREAS, Layton Brown was originally employed with Carter Associates, Inc., as a project inspector. On March 31, 1986, Mr. Brown became a county employee. WHEREAS, Layton Brown has consistently demonstrated consummate skills and impeccable personal standards of performance in the Utility Services Department for Indian River County. Mr. Brown will be sorely missed by the Utility Services Department and staff. NOW, THEREFORE, BE IT PROCLAI!ffiD BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COMM, FLORIDA, that the Board wishes to express their appreciation to Layton Brown for his dedication and exemplary service to Dian River County. BE IT FURTHER PROCLAIMED that the Board wishes his the very best in his future endeavors. Dated this 24th day of September 1996. BOARD OP CDUN9R COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA 1 ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Commissioner Eggert requested the addition of Administrator's Evaluation, item 7.P. Commissioner Macht requested a comment on Sebastian Scrub Issue be added under his matters, item 13.D. Administrator Chandler requested that Final Plat Approval for Walkers Glen West Unit II, item 7.C., be deferred one week. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously added and deferred the above items to the Agenda. Chairman Adams advised that there would be a correction to item 11.B. which will be announced when the matter is considered. APPROVAL OF MINUTES The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meetings of August 27 or September 3, 1996. There were none. ON MOTION by Commissioner Eggert,•SECONDED by Commissioner Bird, the Board approved the Minutes of the Regular Meetings of August 27, and September 3, 1996, as written. CONSENT AGENDA Chairman Adams requested the removal of Item 7.L. for discussion. A. Approval of Warrants The Board reviewed a Memorandum of September 12, 1996: TO: HONORABLE BOARD OF COUNTY COMMISSIONERS DATE: SEPTEMBER 12, 1996 SUBJECT: APPROVAL OF WARRANTS FROM: EDWIN M. FRY, JR., FINANCE DIRECTOR In compliance with Chapter 136.06, Florida Statutes, all warrants issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached list of warrants, issued by the Clerk to the Board, for the time period of September 5, thru September 12, 1996. 2 September 24, 1996 BOOK pAu rr-- 8001 99 pAfa� ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved the list of warrants issued by the Clerk to the Board for the time period of September 5-12, 1996, as requested. CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0017893 D'ANGELO, LEONARDO 9/05/96 100.00 0017894 OGLIVIE, LIONEL 9/05/96 100.00 0017895 FLORIDA DEPARTMENT OF BUSINESS 9/05/96 133.73 0017896 FIRST UNION NATIONAL BANK OF 9/05/96 62;973.70 0017897 FIRST UNION NATIONAL BANK OF 9/06/96 1,781.40 0017898 SALIBA & MCDONOUGH, P A 9/09/96 4,000.00 0017899 AIRD, SIDNEY AND WILLIAM S 9/09/96 9,000.00 0017900 BELLO, JUAN ESQ 9/09/96 10,000.00 0017901 BELLO, JUAN ESQ 9/09/96 888.25 0017902 CRUZ, CAROL 9/09/96 10,000.00 0017903 BARTON, JEFFREY K -CLERK 9/10/96 4,245.50 0017904 BARTON, JEFFREY K -CLERK 9/10/96 820.50 0190989 BROWN, DONALD JR 10/19/95 0201145 ALL ABOUT.AWNINGS INC 4/18/96 .00 0201262 E & B MARINE SUPPLY, INC 4/25/96 .00 0208350 BOWMAN, CHRISTINE A 8/23/96 .00 0209140 A A FIRE EQUIPMENT, INC 9/12/96 .00 405.70 0209141 ACTION PRINTERS 9/12/96 210.44 0209142 ADVANCED GARAGE DOORS, INC 9/12/96 875.00 0209143 ALPHA ACE HARDWARE 9/12/96 12.33- 0209144 APPLE MACHINERY & SUPPLY 9/12/96 301.59 0209145 AT YOUR SERVICE 9/12/96 1,815.20 0209146 ATCO TOOL SUPPLY 9/12/96 7.95 0209147 A M BEST COMPANY 9/12/96 104.95 0209148 ALL VERO VACUUM 9/12/96 15.00 0209149 ALL POWER SERVICES, INC 9/12/96 276.00 0209150 A T & T 9/12/96 6.33 0209151 ALRO METALS SERVICE CENTER - 9/12/96 0209152 ALL SERVICE GRAPHICS, INC 9/12/96 .156.28 4,996.00 0209153 ASAP SOFTWARE EXPRESS, INC 9/12/96 351.98 0209154 A T & T 9/12/96 74.05 0209155 ATLANTIC COASTAL TITLE CORP 9/12/96 102.00 0209156 ABELL STEEL & WOOD FENCE 9/12/96 1,679.50 0209157 AXIS, INC 9/12/96 7,347.42 0209158 ALL COUNTY EQUIPMENT COMPANY 9/12/96 12.00 0209159 AMERICAN MANAGEMENT 9/12/96 175.00 0209160 AUTO PARTS OF VERO, INC 9/12/96 1,426.51 0209161 ALLCOMM NETWORKS INC 9/12/96 57,842.72 0209162 BAKER & TAYLOR, INC 9/12/96 891.72 0209163 BAKER BROTHERS, INC 9/12/96 173.79 0209164 BOARD OF COUNTY COMMISSIONERS 9/12/96 3,559.36 0209165 BLACKHAWK QUARRY COMPANY 9/12/96 799.34 0209166 BELLSOUTH MOBILITY 9/12/96 83.94- 0209167 BARTON, JEFFREY K- CLERK 9/12/96 46,441.89 0209168 BARTON, JEFFREY K -CLERK.. 9/12/96 517.50 0209169 BERGGREN EQUIPMENT CO, INC 9/12/96 17.31 0209170 B & B INDUSTRIAL SUPPLY CO. 9/12/96 2,111.18 0209171 BLOOM, MICHAEL H ESQUIRE 9/12/96 2,468.46 0209172 BOYNTON PUMP & IRRIGATION 9/12/96 659.83 0209173 BREVARD BOILER CO 9/12/96 101.19 0209174 BESS, SHAWN 9/12/96 106.25 0209175 BOYETTE, JAMES E 9/12/96 95.80 0209176 BAKER & TAYLOR ENTERTAINMENT 9/12/96 10.62 0209177 BELLSOUTH 9/12/96 4,936.44 0209178 BEST WESTERN RESORT 9/12/96 270.00 0209179 BEAZER HOMES 9/12/96 11500.00 September 24, 1996 CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0209180 BUILDING OFFICIALS ASSOCIATION 9/12/96 105.00 0209181 BREVARD DRUG SCREENING SERVICE 9/12/96 120.00 0209182 BOSEK, GIBSON & ASSOC INC 9/12/96 2,710.00 0209183 CARTER ASSOCIATES, INC 9/12/96 6,407.52 0209184 FALCON POWER LIMITED 9/12/96 285.28 0209185 CATHCO, INC 9/12/96 2,000.00 0209186 CHANDLER EQUIPMENT CO, INC 9/12/96 273.95. 0209187 CLEMENTS PEST CONTROL 9/12/96 75.00 0209188 COLD AIR DISTRIBUTORS 9/12/96 300.61 0209189 COMMUNICATIONS INT, INC 9/12/96 464.90 0209190 CONSTRUCTION HYDRAULICS 9/12/96 347.25 0209191 CORBIN, SHIRLEY E 9/12/96 31.50 0209192 COMPUTER & PERIPHERIAL 9/12/96 666.00 0209193 CUTTING EDGE SIGN CO., THE 9/12/96 200.00 0209194 COASTAL FUELS MARKETING, INC 9/12/96 6,962.56 0209195 COPELAND, LINDA 9/12/96 847.00 0209196 COOGAN, MAUREEN AND 9/12/96 540.20 0209197 CLEANNET USA 9/12/96 19,691.94 0209198 CROSSROADS ANIMAL HOSPITAL 9/12/96 32.00 0209199 COMFORT INN 9/12/96 98.00 0209200 CENTRAL A/C & REFRG SUPPLY 9/12/96 169.85 0209201 DEAN, H T "SONNY" 9/12/96 84.67 0209202 DEEP SIX DIVE SHOP, INC 9/12/96 4,174.00 0209203 DELTA SUPPLY CO 9/12/96 1,581.38 0209204 DICKERSON FLORIDA, INC 9/12/96 28,506.68 0209205 DRUM SERVICE CO OF FLORIDA 9/12/96 577.25 0209206 DATA SUPPLIES, INC 9/12/96 634.64 0209207 DRIVEWAY'S, INC 9/12/96 3,839.21 0209208 DAVIS METER & SUPPLY, INC 9/12/96 24,707.23 0209209 DADE PAPER COMPANY 9/12/96 355.50 0209210 DOUBLETREE RESORT 9/12/96 430.00 0209211 E -Z BREW COFFEE SERVICE, INC 9/12/96 42.25 0209212 EAST COAST SOD 9/12/96 911.18 0209213 ELPEX, INC 9/12/96 981.57 0209214 ENVIRONMENTAL WATERWAY 9/12/96 911.00 0209215 EASTCOAST MUSIC 9/12/96 398.99 0209216 ERICSSON, INC 9/12/96 6,885.57 0209217 ECOTECH CONSULTANTS, INC 9/12/96 11,751.32 0209218 E & B MARINE SUPPLY, INC 9/12/96 48.00 0209219 FLORIDA BAR, THE 9/12/96 1,417.00 0209220 FLORIDA COOPERATIVE EXTENSION 9/12/96 2,543.25 0209221 FLORIDA EAST COAST RAILWAY CO 9/12/96 24.90 0209222 FLORIDA ATLANTIC UNIVERSITY 9/12/96 75.00 0209223. FLORIDA COCA-COLA BOTTLING CO 9/12/96 440.00 0209224 F P,_& L 9/12/96 6,095.11 .0209225 FLORIDA RIBBON & CARBON 9/12/96 1,798.18 0209226 FLORIDA TODAY/USA TODAY 9/12/96 54.00 0209227 FOURTH DISTRICT COURT OF 9/12/96 750.00 0209228 FLOWERS BAKING COMPANY OF 9/12/96 121.76 0209229 FALCON CABLE TV 9/12/96 14.60 0209230 FOWLER CARBONICS, INC 9/12/96 63.00 0209231 FELLSMERE, CITY OF 9/12/96 70.10 0209232 FLORIDA DEPARTMENT OF 9/12/96 175.00 0209233 FERGUSON ENTERPRISES, INC 9/12/96 3,296.72 0209234 FUTURE HORIZONS, INC 9/12/96 276.17 0209235 FAPGMI 9/12/96 165.00 0209236 FLORIDA ANIMAL LEAGUE 9/12/96 16.00 0209237 F A P A ANNUAL CONFERENCE 9/12/96 450.00 0209238 GAYLORD BROTHERS, INC 9/12/96 70.35 0209239. GENERAL GMC, TRUCK 9/12/96 91.79 0209240 GEORGE W FOWLER CO 9/12/96 196.31 0209241 GRAYBAR ELECTRIC CO, INC 9/12/96 1,405.90 0209242 GOODYEAR TIRE COMPANY 9/12/96 401.16 0209243 GLOBAL COMPUTER SUPPLIES 9/12/96 162.28 0209244 GOLDBERG, HOWARD 9/12/96 14.00 0209245 GOLF ASSOCIATES SCORECARD 9/12/96 450.00 0209246 GOODYEAR TIRE & RUBBER 9/12/96 2,236.86 0209247 GNB TECHNOLOGIES 9/12/96 343.24 0209248 GIFFORD COMMUNITY CENTER 9/12/96 1,112.81 4 DDT. 9-9 ix , September 24, 1996 Boa 99 f-Aul$7 CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0209249 GOETSCHEL FUNDING COMPANY 9/12/96 875.00 0209250 HARRIS SANITATION 9%12/96 117.16 0209251 HARRISON COMPANY, THE 9/12/96 73.45 0209252 HOLIDAY INN 9/12/96 330.00 0209253 HUMANE SOCIETY OF VERO BEACH 9/12/96 20,280.00 0209254 HUNTER AUTO SUPPLY 9/12/96 1,116.68 0209255 HOLIDAY BUILDERS, INC 9/12/96 500.00 0209256 HACH SUPPLY 9/12/96 4,060.00 0209257 HANDI PRO HOMEOWNER SERVICE 9/12/96 240.00 0209258 HOMETOWN PET CARE CENTER 9/12/96 150.40 0209259 HOLLAND & KNIGHT TRUST ACCOUNT 9/12/96 100.00 0209260 INDIAN RIVER COUNTY SOLID •9/12/96 50.70 0209261 INDIAN RIVER BLUE PRINT, INC 9/12/96 92.63 0209262 INDIAN RIVER COUNTY UTILITIES 9/12/96 266.18 0209263 INGRAM 9/12/96 42.68 0209264 INSTRUMENTATION SERVICES, INC 9/12/96 2,068.00 0209265 INTERSTATE BILLING SERVICE 9/12/96 121.50 0209266 I B M CORP-DVU 9/12/96 46.00 0209267 INDIAN RIVER COUNTY BUILDING 9/12/96 100.00 0209268 INFORMATION/REFERENCE GROUP 9/12/96 358.49 0209269 INDIAN RIVER PLANTATION RESORT 9/12/96 396.00 0209270 JACOBS ELECTRIC MOTOR REPAIR 9/12/96 669.60 0209271 JANIE DEAN CHEVROLET, INC 9/12/96 263.62 0209272 J R REPORTING ASSOCIATES, INC 9/12/96 55.00 0209273 J A WEBSTER, INC 9/12/96 95.04 0209274 JOBE, JENNIFER 9/12/96 31.87 0209275 KARSTEN MANUFACTURING CORP 9/12/96 895.50 0209276 KEMPER BUSINESS MACHINES 9/12/96 123.00 0209277 KURTZ, ERIC C MD 9/12/96 225.00 0209278 KIRBY AUTO SUPPLY 9/12/96 265.61 0209279 LAWMEN & SHOOTERS SUPPLY 9/12/96 57.00 0209280 LAWYERS COOPERATIVE PUBLISHING 9/12/96 149.00 0209281 LENGEMAN OF FLORIDA 9/12/96 135.00 0209282 LESCO, INC 9/12/96 377.10 0209283 LYKES AGRI SALES, INC 9/12/96 246.25 0209284 L M P I CO 9/12/96 169.00 0209285 LEWIS, RUTH A 9/12/96 32.36 0209286 LIGHT SOURCE -TONER SUPPLY 9/12/96 218.00 0209287 LDDS WORLDCOM 9/12/96 138.30 0209288 LOGANS SHARPENING AND 9/12/96 12.00 0209289 LUCENT TECHNOLOGIES 9/12/96 29.20 0209290 MASSUNG, KIMBERLY E 9/12/96 199.98 0209291 MCCORMICK, BETTY R RN 9/12/96 120.00 0209292 MICROFORMS MANAGEMENT COR 9/12/96 239.27 0209293 MITCO WATER LAB, INC 9/12/96 764.06 0209294 MAX DAVIS & ASSOCICATES 9/12/96 93.00 0209295 MIAMI ELEAVTOR COMPANY 9/12/96 2,026.00 0209296 MIZUNO GOLF COMPANY 9/12/96 56.78 0209297 M D MOODY & SONS 9/12/96 470.09 0209298 MICHIE 9/12/96 728.50 0209299 MARTIN COUNTY PETROLEUM 9/12/96 1,485.44 0209300 MR BOB PORTABLE TOILET 9/12/96 138.40 0209301 MAGIC ATTIC CLUB 9/12/96 123.95 0209302 METRO FIRE PLANNERS 9/12/96 100.00 0209303 NORTH SOUTH SUPPLY 9/12/96 107.58 0209304 NEW HORIZONS OF THE TREASURE 9/12/96 5,518.82 0209305 NATIONAL RECREATION AND PARK 9/12/96 350.00 0209306 NATIONAL PROPANE CORP 9/12/96 171.58 0209307 OFFICE PRODUCTS & SERVICE 9/12/96 50.40 0209308 OFFICE PRODUCTS & SERVICE 9/12/96 424.11 0209309 OMNI BUSINESS SYSTEMS, INC 9/12/96 799.90 0209310 ORIENTAL MERCHANDISE CO 9/12/96 394.30 0209311 OFFICE DEPOT, INC 9/12/96 200.29 0209312 PAGENET 9/12/96 51.30 0209313 PAN AMERICAN ENG CO 9/12/96 730.00 0209314 PHILLIPS, LINDA R 9/12/96 189.00 0209315 POSTMASTER ##216 9/12/96 5,000.00 5 September 24, 1996 _ CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0209316 PETTY CASH 9/12/96 0209317 PETRILLA, FRED J JR pHD 9/12/96 76.31 500.00 0209318 PORT PETROLEUM, INC 9/12/96 2,787.19 0209319 PINEWOODS ANIMAL HOSPITAL 9/12/9 114.00 0209320 PITMAN TRACTOR & EQUIPMENT 9/12/96 x,260.00 0209321 PRINTMARK, INC 9/12/96 0209322 PANASONIC COMMUNICATIONS & 9/12/96 384.00 0209323 PRIMESTAR BY TCI CABLE 9/12/96 144.78 0209324 PARKER, TYLER 9/12/96 39.95 0209325 POST MARINE SUPPLY 9/12/96 34 .00 0209326 PELICAN ISLAND AUDUBON 9/12/96 34.18 0209327 RADIO SHACK ACCT RECEIVABLE 9/12/96 924.02 165.56 0209328 RELIABLE SEPTIC SERVICES 9/12/96 390.00 0209329 RIFKIN, SHELDON H PHD 9/12/96 1,000.00 0209330 ROSELAND VOLUNTEER FIRE DEPT 9/12/96 9.00 0209331 ROY, DORIS 9/12/96 0209332 REEBOK INTERNATIONAL, LTD 9/12/96 28.24 1,207.12 0209333 REGAL CARPET & UPHOLSTRY 9/12/96 214.00 0209334 RANGER CONSTRUCTION IND, INC 9/12/96 964.60 0209335. RELIABLE TRANSMISSION SERVICE 9/12/96 80.01 0209336 RUBBER STAMP EXPRESS 9/12/96 6.30 0209337 0209338 RENAUD INC RANGER CONSTRUCTION INDUSTRIES 9/12/96 9/12/96 1,875.00 0209339 REPOFF, SCOTT C 9/12/96 142,858.48 0209340 SAFETY KLEEN CORP 9/12/96 3,300.00 0209341 SCHOPP, BARBARA G 9/12/96 84.45 0209342 SCOTTY'S, INC 9/12/96 77.00 2,030.74 0209343 SEWELL HARDWARE CO, INC 9/12/96 16.20 0209344 0209345 SHELL OIL COMPANY SNAP-ON TOOLS CORPORATION 9/12/96 9/12/96 1,306.18 0209346 SOUTHERN CULVERT, DIV OF 9/12/96 59.67 9,889.37 0209347 SOUTHERN EAGLE DISTRIBUTING, 9/12/96 '878.20 0209348 SOUTHSIDE ANIMAL HOSPITAL 9/12/96 45.00 0209349 STIMSONITE PRODUCTS 9/12/96 10,220.00 0209350 STURGIS LUMBER & PLYWOOD CO 9/12/96 19.70 0209351 SUDDEN IMAGES 9/12/96 21.76 0209352 SUNSHINE PHYSICAL THERAPY 9/12/96 135.00 0209353 SIGNS IN A DAY 9/12/96 56.00 0209354 SOUTHERN JANITOR SUPPLY 9/12/96 182.61 0209355 SHEPARD'S MCGRAW HILL INC 9/12/96 197.00 0209356 SUBSTANCE ABUSE COUNCIL 9/12/96 1,618.40 0209357 SKRIPAK, RICHARD DDS 9/12/96 150.00 0209358 SPHINX PUBLISHING 9/12/96 173.83 0209359 SUPERIOR PRINTING 9/12/96 0209360 SYSCO"FOOD SERVICE 9/12/96 45.00 0209361 SMITH, DONALD 9/12/96 752.94 0209362 STALHEBER, JOHN J 9/12/96 444.00 0209363 SMITH, GARRETT 9/12/96 1,815.00 0209364 SOUTHERN LOCK AND SUPPLY CO 9/12/96 493.00 100.31 0209365 SERUG 96 9/12/96 90.00 0209366 0209367 SEPPALA CORP TITLEIST DRAWER CS 9/12/96 9/12/96 1,426.31 0209368 TRODGLEN PAVING, INC 9/12/96 3,635.40 1,006.56 0209369 0209370 TREASURE COAST REFUSE CORP TERRA 9/12/96 198.54 0209371 INTERNATIONAL, INC TREASURE 9/12/96 88.28 =9372 COAST CONTRACTING,INC TECHNOLOGY PARTNERS 9/12/96 9/12/96 46,417.22 0209373 TRAFFIC PARTS, INC 9/12/96 382.00 0209374 TREASURE COAST PUBLISHING INC 9/12/96 474.00 742.50 0209375 TOTALINE OF FLORIIDA 9/12/96 56.13 0209376 TATTEGRAIN, RAYMOND 9/12/96 - 25.00 0209377 TABAR, JEFFREY 9/12/96 28.55 0209378 VELDE FORD, INC 9/12/96 101.20 0209379 VERO BEACH VOLUNTEER FIRE 9/12/96 7.00 0209380 VERO BEACH PRESS JOURNAL 9/12/96 193.98 0209381 VER0 BEACH PRESS N0209382 986.14 VERO BEACH PRINTING CUROAL 9/12/96 69.50 September 24, 1996 800K 99 Ppf�� CHECK NAME NUMBER CHECK DATE WOK 99 PA -E 189 • 0209383 VERO BEACH, CITY OF 9/12/96 61,968.02 0209384 VERO CHEMICAL DISTRIBUTORS,INC 9/12/96 512.35 0209385 VERO LAWNMOWER CENTER, INC 9/12/96 64.75 0209386 VETROL DATA SYSTEMS, INC 9/12/96 90.00 0209387 VERO BEACH, CITY OF 9/12/96 138.40 0209388 VERO BEACH, CITY OF 9/12/96 83.00 0209389 VEY, CARRIE 9/12/96 182.75 0209390• VERO BEARING & BOLT 9/12/96 60.07- 0209391- VOLUNTEER ACTION CENTER 9/12/96 469.44 0209392' VIKING OFFICE PRODUCTS 9/12/96 6.87 0209393 VERDERSOA, MICHAEL & MILDRED 9/12/96 1,001.25 0209394 WAL-MART STORES, INC 9/12/96 586.32 0209395 WILLIAMS, LYNN 9/12/96 105.00 0209396 W W GRAINGER, INC 9/12/96 208.14 0209397 WILSON SPORTING GOODS -GOLF 9/12/96 822.60 0209398 WILLHOFF, PATSY 9/12/96 104.00 0209399 WM THIES & SONS, INC 9/12/96 259.00 0209400 WHEELER PUBLISHING, INC 9/12/96 142.92 0209401 WHITESIDE PARTS & SERVICE INC 9/12/96 23.90 0209402 WHITTINGTON, MEGAN 9/12/96 138.12 0209403 XEROX CORPORATION 9/12/96 432.18 0209404 FINDLAY, STEPHEN 9/12/96 54.30 0209405 BRACKETT, ROBERT 9/12/96 11.87 0209406 D AMORE,PETER & DOLORES 9/12/96 54.04 0209407 RUDD, WALTER G 9/12/96 52.57 0209408 YEARGIN, RHONDA S 9/12/96 52.55 0209409 MORGAN, JUDY D SCHMIDT 9/12/96 52.71 0209410 WADSWORTH, DENNIS M 9/12/96 52.60 0209411 MULLINS, MELBA 9/12/96 52.57 0209412 ROSS SR, RICHARD G 9/12/96 52.57 0209413 VAN STEINBURGH, ANNE 9/12/96 20.00 0209414 MC ALLISTER, PHILIP 9/12/96 108.94 0209415 HEUGEL, GARNEL P 9/12/96 105.78 0209416 HIGGINS, LISA M 9/12/96 105.38 0209417 WEIER, MARY J 9/12/96 105.24 0209418 MC CRACKEN, BETTY JANE 9/12/96 105.44 0209419 DAMES, HENRY J 9/12/96 52.55 0209420 COWLES, LEE 9/12/96 52.60 0209421 BURGER, ARTHUR M 9/12/96 57.74 0209422 HICKS, H R 9/12/96 52.62 0209423 HORN, EWARD 9/12/96 52.58 0209424 DREYER; LAWRENCE A 9/12/96 57.40 0209425 HOMAN, F EARL 9/12/96 57.35 0209426 ACOSTA, DIANA M 9/12/96 52.56 0209427 ADDISON, FRED L 9/12/96 57.33 0209428 FRIESON, L J 9/12/96 52.62 0209429 LANGLOIS, LEOPOLD 9/12/96 57.35 0209430 RITHER, MIMOSE 9/12/96 4.19 0209431 TIMBER RIDGE INC. - 9/12/96 78.27 0209432 BRANDON CAPITAL CORP 9/12/96 - 50.61 0209433 LEA, JEFFREY P 9/12/96 21.14 0209434 STESCH, HELEN 9/12/96 18.10 0209435 BAND, EDWARD 9/12/96 10.48 0209436 JORDAN, JENNIFER L 9/12/96 4.44 0209437 ROSEWOOD COURT DEV CORP 9/12/96 73.97 0209438 BROWN, JAMES 9/12/96 40.49 0209439 SOREL, JEANTY 9/12/96 5.02 0209440 ENGELKEN, CHARLES/EVELYN 9/12/96 74.46 0209441 MARTIN, WILLIAM A 9/12/96 78.78 0209442 LOCKAMY, MARY BETH 9/12/96 12.77 0209443 ANDD BUILDING CORP 9/12/96 40.27 0209444 PERRY, MICHAEL D 9/12/96 86.42 0209445 PATTON III, ANTHONY 9/12/96 23.23 0209446 GREGG JR, DAVID 9/12/96 66.72 0209447 CAREY, RICHARD 9/12/96 8.65 0209448 DUGGER, KIMBERLY W 9/12/96 21.15 0209449 WALDEN, LOR.ANZIA L 9/12/96 94.43 0209450 DESCHARRIERES. LIONEL 9/12/96 65.95 7 Septer"r 24, 1996 CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0209451 BEAZER HOMES FLORIDA INC 9/12/96 35.67 0209452 GAEKE, MARY 9/12/96 46.06 0209453 BOHNER, RICHARD 9/12/96 25.46 0209454 NORTHARD, LAWANDA 9/12/96 34.38 0209455 WALKER, MICHELE F 9/12/96 32.46 0209456 WHITLINGUM, DARMANLINGUM 9/12/96 67.80 0209457 MILLER, RACHAEL L 9/12/96 53.47 0209458 LANGLEY, BOBBIE G 9/12/96 66.11 0209459 JANNER, MARIA C 9/12/96 20.82 0209460 TROUTMAN, KENYA 9/12/96 65.48 0209461 STEELE, LORI 9/12/96 22.57 772,037.78 B. Report DR -505 - List of Errors, Insolvencies, Double Assessments and Discounts for 1995 Tax Roll - Tax Collector The Board reviewed a Memorandum of September 13, 1996: , KaLZamERmANN, C.F.C.` . Tax Collector -CERTIFIED FLORIDA COLLECTOR P.O. &)x 1509 - VERO BEyCH. FL 32961 Date: September 13, 1996 PHONE : (407)567-8000 - F.kx: (407)-'0-5009 Sr,,'c om = 24-1338 To: Honorable Indian River County Commissioners Subject: Report DR -505 - List of Errors, Insolvencies, Double Assessments and Discounts for the 1995 Tax Roll Per Florida Statute 197.492, attached for your review and approval is the List of Errors, Insolvencies, Double Assessments and Discounts, categorized as follows: 1. Real Estate 2. Personal Property 3. Centrally Assessed If I can be of further assistance or should you have any questions, please contact me. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved the list of errors, insolvencies, double assessments and discounts, as requested. COPY OF LIST IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8 September 24, 1996 BOOK BOOK, 99 flaydjl C. Final Plat Approval for Walkers Glen West Unit H Deferred one week. D. 1997 State Aid Application and Contract (Library Services) The Board reviewed a Memorandum of September 11, 1996: DATE: SEPTEMBER 11, 1996 TO: BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER, COUNTY ADMINISTRATOR f� THRU: H.T. "SONNY" DEAN, DIRECTOR, DEPARTMENT O� GENERAL SERVICES SUBJECT: 1997 STATE AID APPLICATION AND CONTRACT FROM: MARY D. POWELL, LIBRARY SERVICES DIRECTbh BACKGROUND: THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS APPLIES EACH YEAR TO THE DIVISION OF LIBRARY AND INFORMATION SERVICES FOR THE ANNUAL STATE AID GRANT. THIS YEAR THE CONTRACT AGREEMENT IS PART OF THE APPLICATION, WHICH WILL EXPEDITE THE RECEIPT OF FUNDS. ANALYSIS: THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS' SIGNATURE IS REQUIRED ON THE STATE AID APPLICATION/ CONTRACT (ATTACHED). RECOMMENDATIONS: STAFF RESPECTFULLY REQUESTS THAT THE BOARD AUTHORIZE ITS CHAIRMAN TO SIGN THE GRANT APPLICATION/CONTRACT AND RETURN TO THE LIBRARY SERVICES DIRECTOR TO BE FORWARDED TO THE APPROPRIATE STATE LIBRARY STAFF. - ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously authorized the Chairman to sign the grant application/ contract, as requested. COPY OF GRANT APPLICATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD E. Bid #6065 - Deep Tine Aerifier - Sandridge Golf Course Lewis Equipment Compau The Board reviewed a Memorandum of September 13, 1996: 9 Sep ter r 24, 1996 DATE: September 13, 1996 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County. Administrator H.T. "Sonny" Dean, General Services Direct FROM: Fran Boynton -Powell, Purchasing Manager SUBJECT: Award Bid #6065/Deep Tine Aerifier ` Sandridge Golf Course BACKGROUND INFORMATION Bid Opening Date: Advertising Dates: Advertisement Mailed to: Replies: Statement of "No Bids" VENDOR Lewis Equipment Company Inc Winter Haven, FL TOTAL AMOUNT OF BID June 5, 1996 May 15, 29, 1996 Fourteen (14) Vendors One (1) Vendor Six (6) BID TOTAL $ 17,800.00 $ 17,800.00 ESTIMATED BUDGET $ 20,000.00 Golf Course Operations Other Machinery & Equipment 418-221-572-066.49 RECOMMENDATION - Staff recommends that the bid be awarded to Lewis Equipment Company as the sole bidder meeting specifications in the Invitation to Bid. (See attached Department memo.) ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously awarded Bid #6065 to Lewis Equipment Company, as recommended. 10 September 24, 1996 BOOK g pm, x.94 BOOK 99 F-AoE 193 F. RFP #6074 - CR -512 Widening, Paving & Drainage Improvements (between I-95 and Roseland Road Including Bridge Replacement at South Prong of Sebastian River - Masteller & Moler, Inc, et al The Board reviewed a Memorandum of September 13, 1996: TO: James E. Chandler County Administrator THROUGH: H.T. "Sonny" Dean General Services birec Ar FROM: Fran Boynton Powel Purchasing Manager SUBJECT: RFP #6074 - IRC Project No. 9611 - Consultant Selection CR512 Widening, Paving and Drainage Improvements between I-95 and Roseland Road Including Bridge Replacement at South Prong of Sebastian River DATE: September 13, 1996 DESCRIPTION AND CONDITIONS In order to select.a consultant to do the design work for CR512 Widening, Paving and Drainage Improvements, advertisements were placed to request proposals from consulting firms for this project. Requests for Proposals were received from thirteen (13) firms and four (4) firms were selected from these thirteen (13) for interviews. Interviews were conducted on September 5, 1996 by the selection committee of James W. Davis, Chris Mora, and Roger D. Cain. As a result of those interviews the following ranking of firms for this work was made: 1. Masteller & Moler, Inc., in association with Lindahl Browning, Ferrari & Hellstrom, Inc., Jenkins & Charland, Inc., Masteller, Moler & Reed, Inc., and L.J. Nodarse & Associates, Inc. 2. Kimley-Horn & Associates 3. Lawson, Noble & Webb, Inc., (tied) 3. Williams, Hatfield & Stoner, Inc., in association with Carter -Associates, Inc., Fraser Engineering & Testing, Inc., and B.K. Marine Construction, Inc. (tied) The rankings reflect the committee's rating of the technical competence, ability to produce plans and specifications on time, experience in this field, and abilities of personnel to be assigned to this project. According to the Consultant Competitive Negotiations Act the staff recommends that negotiations proceed with the top ranked firm in order to reach agreement as to the work and fee for this project. If the negotiations are not successful with the top ranked firm, staff will recommend to the Board that negotiations be commenced with the next highest rated firm to achieve an agreement, and subsequently down the rankings until an agreement is reached with one of the firms. Once negotiations are terminated with one of the firms, they will not. be re -opened. Staff is very desirous of achieving a timely agreement and requests the Board's permission to begin negotiations. 11 September 24, 1996 ALTERNATIVES AND ANALYSIS Alternative No. 1 - Begin negotiations with the top ranked firm of Masteller & Moler, Inc. Alternative No. 2 - Begin negotiations with another firm on the list at the Board's direction. RECOMMENDATION AND FUNDING Staff recommends Alternate No. 1, with the provisions that if an agreement is not reached in a timely fashion, that negotiations be terminated and staff will begin negotiations with the next highest ranked firm until an agreement is reached. Funding shall be from Account No. 101-157-541-067.73. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously 1appnoved Alternative No. 1, to begin negotiations with the top—ranked firm of Masteller & Moler, Inc., with the provision that if an agreement is not reached in a timely fashion, negotiations be terminated and staff will begin negotiations with the next highest ranked firm until an agreement is reached, as recommended in the memorandum. G. Equipment Declared Surplus for Sale The Board reviewed a Memorandum of August 27, 1996: V, �c:; Tee^ • DATE: August 27, 1996 - • . a ^� TO: BOARD OF COUNTY COMMISSIONERS "4 THRU: James E. Chandler, County Administrator H.T. "Sonny" Dean, Director General Services FROM: Fran Boynton Powell, Purchasing Mang SUBJ: Declare Equipment Surplus for Sale BACKGROUND: The following equipment (attached list) has been declared surplus to the needs of the 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 list will be included with the Surplus Property Sale open to the public as per Florida State Statutes. 12 September 24, 1996 BOOK 99 ?Ar404 Asset # Fleet # Description Asset value Boa 99 pnt 195 Serial number Department 8512 311 1986 GMC Sierra 3500 Flatb $11,300.00 1GTHC34J06S521880 Traffic Eng. 9763 376 1988 Chevy Astro Van $10,104.23 1GCCM1SZ8JB209488 Animal Control 9280 351 1987 Chevy Station Wagon $9,530.98 1G1AW81W7H6257758 Ag. Ext. Service 10053 452 1989 International Truck $30,858.00 1HTLCZWN8KH627788 Road & Bridge 9279 345 1987 Chevy C10 Truck $8,684.50 1GCDR14H6HS164186 Sandridge Golf Cours 14459 n/a 1992 GXT 800 Utility Cart $3,910.29 A27127 Sandridge Golf Cours 14460 n/a 1992 GXT 800 Utility Cart $3,910.29 A27126 Sandridge Golf Cours 9237 n/a 1978 Utility Vehicle $997.50 n/a Utilities Dept. 10725 256A 1989 Dodge D350 Truck $13,435.00 1B6ME3689KS165297 Utilities Dept. 13704 455A 1991 Ford F800 $65,242.58 1FDYK84A8MVA38238 SWDD 9646 n/a 1988 Mobile Trailer -Single $7,737.85 n/a Utilities. n/a n/a 87 Igloos -recycle program SWDD 9537 Gravely Mower $2,253.00 0061915 Road & Bridge 11242 EZ Roll Mower $895.85 093206 Road & Bridge 11243 EZ Roll Mower $895.85 093205 Road & Bridge n/a Water Conditioner n/a n/a Road & Bridge 1594.06 Fleco Blower $470.40 88514 Road & Bridge 9186 Honda Portable Generator $899.00 1936702 Parks Department 13686 Snapper Rider Mower $1,675.00 15109320 Parks Department 14620 Mastercut Rider Mower $825.00 11112C2 Parks Department 11974 Multi -Gas Monitor - $2,477.00 C000689 Emergency Mgt. n/a Irrigation System Parts n/a Utilities-WRWWTP n/a Aluminum Deck Grating n/a Utilities-WRWWTP n/a Blowers with stands n/a Utilities-WRWWTP n/a 4" Hycor Screen n/a Utilities-WRWWTP n/a Eutek Solids Classifier n/a Utilities-WRWWTP n/a Pump w/Irrigation Hose Reel n/a Utilities-WRWWTP ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously declared the list of items surplus and authorized they be included with the Surplus Property Sale, as recommended in the memorandum. H. Bid ##7000 - Annual Limerock Contract (Road & Bridget Stewart Mining and Blackhawk Quarry DATE: TO: THRU: FROM: SUBJ: The Board reviewed a Memorandum of September 10, 1996: September 10, 1996 BOARD OF COUNTY COMMISSIONERS James E. Chandler, County Administrator H.T. "Sonny" Dean, Director Department of General Service Fran Boynton Powell, Purchasing Managerl Award Bid #7000/Annual Limerock Contract Road & Bridge 13 Se tember 24, 1996 BACKGROUND: Bid Opening Date: August 28, 1996 Advertising Dates: August 7, 14, 1996 Specifications Mailed to: Fifteen (15) Vendors Replies: Three (3) Vendors No Bids: One (1) VENDOR ZONE A ZONE B ZONE C COUNTY PICK UP PER TON PER TON PER TON PER TON Stewart Mining *$6.50 *$6.45 *$6.45 *$4.25 Ft Pierce, FL Blackhawk Quarry $6.59 $6.59 $6.59 *$4.50 Palm Bay, FL Jahna Industries $12.00 $12.00 $12.00 $3.40 (25 ton min. per load) Lake Wales, FL Note: (*) denotes award RECOMMENDATION: 1. Staff recommends awarding items 1, 2, & 3 to Stewart Mining Industries Inc item # 4 for pick up at the plant be awarded to Stewart Mining Industries, Inc and Blackhawk Ouany (see attached department memo) as the lowest, most responsible bidders meeting specifications as set forth in the Invitation to Bid. 2. Establish an Open End Contract for a twelve month period from the date of award with a not to exceed amount of $130,000.00. Last year's expenditures for this service totaled $115,361.65. 3. Authorize the Purchasing Manager to renew this contract subject to satisfactory performance, zero cost increase, vendor acceptance, and the determination that renewal is in the best interest of the County. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved awarding items 1, 2, & 3 to Stewart Mining Industries, Inc.; item 4 for pick up at the plant be awarded to Stewart Mining Industries, Inc., and Blackhawk Quarry; establish an open end contract for a 12 -month period from the date of award with a not to exceed amount of $130,000; and authorize the Purchasing Manager to renew this contract subject to satisfactory performance, zero cost increase, vendor acceptance, and the determination that renewal is in the best interest of the County, as recommended in the memorandum. 14 September 24, 1996 wa 9-0 FAu 1,90 Fr- -7 Boa 99 F -Aa 197 I. Bid #7004 - Annual Bid for Calcium Hypochlorite (Utilities Department)- Apperson Chemicals The Board reviewed a Memorandum of September 11, 1996: DATE: September 11, 1996 TO: BOARD OF COUNTY COMNIISSIONERS THRU: James E. Chandler, County Administrator H.T. "Sonny" Dean, Director Department of General Sern ps FROM: Fran Boynton Powell, Purchasing Manage SUBJ: Award Bid #7004/Annual Bid for Calcium Hypochlorite Utilities Department BACKGROUND: Bid Opening Date: September 4, 1996 Advertising Dates: August 21, 28, 1996 Specifications Mailed to: Twelve (12) Vendors Replies: Four (4) Vendors No Bids: Three (3) BID TABULATION ANNUAL PRICE (2,000 Lbs) Apperson Chemicals $ 2,300.00 Jacksonville, FL Gorman Company $ 2,380.00 Melbourne, FL PB & S Chemicals $ 2,450.00 Orlando, FL Watertronics $ 3,944.00 Merritt Island, FL RECOMMENDATION• 1. Staff recommends awarding the bid to Anuerson Chemicals as the overall low bidder meeting specifications as set forth in the Invitation to Bid. 2. Establish an Open End Contract for a twelve month period from the date of award with a not to exceed amount of $5,000.00. Last year's expenditures for this service totaled $2,120.00. 3. Authorize the Purchasing Manager to renew this contract subject to satisfactory performance, zero cost increase, vendor acceptance, and the determination that renewal is in the best interest of the County. 15 September 24, 1996 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously awarded the bid to Apperson Chemicals; established an open end contract for a 12 -month period from date of award with a not -to -exceed amount of $5,000; and authorized the Purchasing Manager to renew the contract subject to satisfactory performance, zero cost increase, vendor acceptance, and the determination that renewal is in the best interest of the County, as recommended in the memorandum. 1. 26th Street Right -of -Way Acquisition (donation) - Seminole Ventures, Inc. The Board reviewed a Memorandum of September 13, 1996: 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 vyl SUBJECT: 26th St. Right -of -Way Acquisition: DATE: September 13,1996 CONSENT AGENDA DESCRIPTION AND CONDITIONS An additional 35 feet of right-of-way and a 40 ft. corner cut of right of way__is.required on the west side of 66th Avenue at 26th St. for the four lane paving improvement project from 58th to 66th Aves. 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 permit access for property on 66th Ave (Central Groves property) owned by the same owner and other access points be permitted by the county to the remaining property. In addition density credit is being applied to the acquired right of way for the remainder.. Overriding a previous right of way agreement the owners now agree to be assessed for the 26th St. improvements from 66th Ave. to a point just east of 74th Ave. but the assessment shall not be more than $11,035.24 with a five year pay back period. The county further agrees to pay seller $3,476.81 for two wells to be moved. The county will pay for recording and documentary stamp tax. Taxes shall be prorated. There is a reverter clause with a date of January 1, 1998 for completion of the improvements on 26th St. 16 September 24, 1996 00a 99 1 BOOK `9 [',L jq RECOMMENDATION Staff requests the Board of County Commissioners approve the Contract and Addendum and authorize the Chairman to execute the contracts in triplicate. FUNDING Funding for 26th Street is to be from District 8 Traffic Impact Fee #101-158-541-067.30 with reimbursement from the Local Option Sales Tax Revenue current fiscal year. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved the contract with Seminole Ventures, Inc., and addendum, as recommended in the memorandum. COPY OF CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD K. County Tax Deed Sales Applications The Board reviewed a Memorandum of September 12, 1996: TO: Board of County Commissioners �240jwt, . FROM: Lea R. Keller, CLA, County Attorney's Office THRU: Charles P. Vitunac, County Attorney DATE: September 12, 1996 RE: County Tax Deed Sales Applications On June 25, 1996, the Board approved the County redeeming and paying costs to the Tax Collector in connection with certain tax certificates which were eligible for tax deed applications. Recently we were advised by the Clerk of the Court that as part of the process of transferring title to the County, the total sum of $1,770.16 is due to cover the costs of the Clerk's fees, legal advertisements, postage and certified mailings, and in some cases Sheriff's service on the eight listed certificates. Requested Action: Staff requests the Board approve the payment of the total cost to the Clerk of the Circuit Court. 17 September 24, 1996 M IRC BOARD OF COUNTY COMMISSIONERS THIS STATEMENT BECOMES A RECEIPT WHEN PROPERLY STAMPED 13Y CASHIER JEFFREY K. BARTON CLERK OF THE CIRCUIT COURT INDIAN RIVER COUNTY P.O. BOX 1028 VERO BEACH, FLORIDA 32961-1028 700.16 LOCATION q4_01179 SIGNATURE tions 3f."1(0 G! Please Remit to: ,•effrey K. Barton, Clerk . 960 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved payment in the amount of $1,700.16 to the Clerk of the Circuit Court, as requested in the memorandum. L. Conservation Easement and Assessing Same - LaFountain The Board reviewed a Memorandum of September 18, 1996: TO: The Board of County Commissioners FROM: IWilliam G. Collins II - Deputy County Attorney DATE: September 18, 1996 SUBJECT: Resolution Accepting a Conservation Easement and Assessing Same Pursuant to Section 193.501, Florida Statutes In October of 1995, Donald and June LaFountain granted a conservation easement to .Indian River County so that their development project could move forward. G � Mr. and Mrs. LaFountain have now requested that the lands under -that conservation easement be assessed according to its present restricted use. In this regard, the attached Resolution has been prepared. 18 September 24, 1996 BOOK 99 fA)CA 200 800K 99' rkl40 RECOMMMMATION Authorize the Chairman of the Board to execute the attached Resolution,' and the Clerk to send a certified copy of same to the Property Appraiser. Chairman Adams was concerned because the property in question involved the Chip Harvesters (previous problems with smoke and ashes from burning piles of mulch). She questioned Deputy County Attorney Will Collins in order to make sure there were no items within the conservation easement that are violating the conservation easement. Attorney Collins suggested the matter be tabled for a week to allow time for inspection of the property and make a determination. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously tabled this matter for a week. M. Meter Reading Services Contract - Avatar Utility Services, Inc. The Board reviewed a Memorandum of September 16, 1996: DATE: TO: FROM: PREPARED AND STAFFED BY: SUBJECT: September 16, 1996 JAMES E. CHANDLER COUNTY ADMINISTRA TERRANCE G. PI O DIRECTOR OF HARRY E. AS ASSISTANT X OR SERVICES OF UTILITY SERVICES CONTRACT METER READING SERVICES - CONTRACT WITH AVATAR UTILITY SERVICES, INC. On September 17, 1996, the Board of County Commissioners.approved the Award of Bid to provide water meter reading services to the firm of Avatar Utility Services, Inc. Attached is the proposed agreement setting forth the conditions and scope of services to be provided. The staff of the Department of Utility Services recommends that the Board of County Commissioners approve and execute the attached contract as presented. Se tember 24, 1996 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved the contract with Avatar Utility Services, Inc., as recommended in the memorandum. CONTRACT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD N. Miscellaneous Budget Amendment 030 The Board reviewed a Memorandum of September 19, 1996: TO: Members of the Board of County Commissioners DATE: September 19, 1996 SUBJECT: NIISCELLANEOUS BUDGET AMENDMENT 030 CONSENT AGENDA FROM: Joseph A. Baird OMB Director DESCRIPTION AND CONDMONS The attached budget amendment is to appropriate funding for the following: 1. The attached entry appropriates donations received by the Main Library. Included is $4,300 from the Friends of the Library for Florida history shelving. 2. The attached entry appropriates funding for capital expenditures under the Federal Transit Administration Section 5307 (formerly Section 9) grant and the Florida DOT Public Transit State Block grant passed through the IRC Council on Aging. 3. The attached entry transfers additional funds to Fleet Management and corrects the appropriation of transferred funds approved August 20, 1996 by the Board of County Commissioners. 4. The attached entry appropriates greater than budgeted law Library fees to the Law Library books 5. Medicaid expense is anticipated to be higher than budgeted. This entry appropriates funding to cover estimated remaining payments for the current year. 6. The attached entry appropriates funds for the completion of 79th Street in Vero Lake Estates. 7. Current expenditures for the 66th Avenue and CR 510 road project were greater than originally anticipated. These costs are covered by higher than anticipated road impact fees in District 3. The attached entry appropriates funding for this project. 20 September 24, 1996 BOOK �J Pr1u[� r BOOK 99 In 203 8. _ The developer of Gator Truck Stop escrowed funds for his share of improvements at the intersection of 82nd Avenue and S.K 60. The attached entry appropriates the funding to the project. 9. The attached entry transfers $12,000 from General Fund to the Drug Abuse Fund to cover a potential short -fall. 10. In-house labor and equipment costs for various capital projects were charged to the Transportation operating fund. The allocation of costs back to the appropriate capital projects funds reduces the taxing fund contribution to the Transportation Fund. The attached entry reflects this reduction. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached budget amendment 030. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved miscellaneous budget amendment 030, as recommended in the memorandum. TO: Members of the Board of County Commissioners FROM: Joseph A. Bair nMR Nr"t BUDGET AMENDMENT: 030 DATE: September 18. 1996 Entry Number Funds/Department/Account Name Account Number Increase Decrease 1. REVENUE GENERAL FUND/Donations-Books 001-000-366-103.00 $1,909 $0 GENERAL FUND/Donatins-Main library 0014000-366-095.00 $6,251 $0 EXPENSE GENERAL FUND/Main Library/Books 001-109-571-035.45 $5,860 $o GENERAL FUND/Main Library/Office Furniture and Equipment 001-109-571-066.41 $2,300 $0 2. REVENUE GENERAL FUND/Section 9/Council on Aging 0014X)0-331-041.00 $245,783 $0 GENERAL FUND/FL DOT Public Transportation Grant 001-000-334-045.00 $30,871 $0 EXPENSE GENERAL FUND/IRC Council on Aging 001-110-564-088.32 $276,654 $0 3. REVENUE FLEET MANAGEMENT/Auto. Maintenance 501-000-395-010.00 $9,200 $0 FLEET MANAGEMENT/Funds Transfer In 501-000-381-020.00 $0 $9,200 FLEET MANAGEMENT/Funds Transfer In 501-000-381-020.00 $25,000 $0 FLEET MANAGEMENT/Auto. Maintenance 5014000-395-010.00 $0 $25,000 EXPENSE _ TRANSPORTATION FUND/Transfer Out 111-199-581-099.21 $25,000 $0 TRANSPORTATION FUND/Cash Forward - September 30 111-199-581-099.92 $0 $25,000 21 September 24, 1996 TO: Members of the Board BUDGET AMENDMENT: 030 of County Commissioners 001-199-581-099.91 $0 FROM: Joseph A. Bair DATE: September 18 1996 OMB Director _ Entry VERO LAKE ESTATES/Cash Forward -Oct. 1 185-000-389-040.00 $294,000 $p Number Funds/Department/Account Name Account Number Increase TDecrease 4. REVENUE $294,000 $p GENERAL FUND/County Court -Law 7. REVENUE Library Fee 001-000-341-071.00 $1,500 $0 $0 GENERAL FUND/jQircuit Court -Law ROAD IMPACT FEES/District 3 Sebastian 1014)00-363-933.00 $25,000 $0 Library Fee 001-000-341-076.00 $11,500 $0 ROAD IMPACT FEES/District 3 -66th Ave./C.R- 510 EXPENSE $43,000 $0 - GENERAL FUND/Law Library/Books 001-119-516-035.45 $13,000 1$0 5. EXPENSE GENERAL FUND/Medicaid/Hospital 001-111-564-033.17 $40,000 $0 GENERAL FUND/Medicaid/Nursinw Hmmp (n l-11 t_crn_nzz 10 WA. nnn 22 September 24, 1996 BOOK 99 m X04 GENERAL FUND/Reserve for Contingency 001-199-581-099.91 $0 $80,000 6. REVENUE _ VERO LAKE ESTATES/Cash Forward -Oct. 1 185-000-389-040.00 $294,000 $p EXPENSE VERO LAKE ESTATES/Construction in Prog. 185-214-541-066.51 $294,000 $p 7. REVENUE ROAD IMPACT FEES/District 3 County 101-000-363-930.00 $18,000 $0 ROAD IMPACT FEES/District 3 Sebastian 1014)00-363-933.00 $25,000 $0 EXPENSE ROAD IMPACT FEES/District 3 -66th Ave./C.R- 510 101-153-541-067.68 $43,000 $0 8 REVENUE ROAD IMPACT FEES/Developer Road Fee 101-000-344902.00 $36,000 $0 EXPENSE ROAD IMPACT FEES/S.R. 60 & 82nd Ave. 101-158-541-067.62 $36,000 $p 9. REVENUE DRUG ABUSE FUND/Transfer In 121-000-381-020.00 $12,000 $0 EXPENSE DRUG ABUSE FUND/Reserve for Contingency 121-110-581-099.91 $12,000 $0 GENERAL FUND/Transfer Out 001-199-581-099.01 $12,000 $0 GENERAL FUND/Reserve for Contingency 001-199-581099.91 $0 $12,000 10. REVENUE TRANSPORTATION FUND/Reimbursement 111-000-369-040.00 $200,000 $0 TRANSPORTATION FUND/Transfer In 111-000-381-020.00 $0 $2009000 EXPENSE GENERAL FUND)Transfer Out 001-199-581-099.21 $0 $80,000 GENERAL FUND/Cash Forward -September 30 001-199-581-099.92 $80,000 $0 M.S.T.U./Transfer Out 004199-581-099.21 $0 $120,000 M.S.T.U./Cash Forward -September 30 004-199-581-099.92 $120,000 1so 22 September 24, 1996 BOOK 99 m X04 BOOK 99 P4 O. Tax Exemption Referendum The Board reviewed a Memorandum of September 17, 1996: To: Ann Robinson Supervisor of Elections From: Carolyn K. Eggert Gid Vice Chairman Date: September 17, 1996 Subject: Tax Exemption Referendum Please entitle the referendum that the County is placing on the November 5 ballot Tax Exemption Referendum REFERENDUM Tax Exemption Referendum Shall the Board of County Commissioners of Indian River County be authorized, pursuant to Article VII, Section 3 of the State Constitution, to grant limited property tax exemptions to new industrial businesses, new corporate offices, and expansions of existing industrial businesses? YES - For Authority to Grant Exemptions 74 =m► NO - Against Authority to Grant Exemptions 76 mo► ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved the title of the November 5 referendum as "Tax Exemption Referendum", as requested. P. County Administrator's Evaluation The Board reviewed a Memorandum of September 23, 1996: MEMO To: Board of County Commissioners From: Fran B. Adams, Chairman Subject: Administrator's Evaluation Date: September 23, 1996 23 Se tember 24, 1996 fv $QF- 4.4,1) F� To7-- The Administrator has exhibited excellent work ethic in administrative, budget, and finance matters. In this fiscal year the Administrator has faced the replacement of a Personnel Director, the distracting series of investigations into particular utility operations, a tight budget year with little room for new or newly necessary programs and improvements, privatization of the maintenance of Sandridge, and pressure to execute a direction for the Old Courthouse. The Administrator is not afraid of work, does not appear to watch the clock, and will work whatever hours necessary to facilitate the accomplishment of the job. The Administrator does not dabble within departments, but depends strongly on his department heads to manage the work or to trim their budget to cooperate with the Commission in its budget decisions. While showing more than average amount of patience and thoroughly investigating allegations before rendering decisions, the Administrator has exhibited the ability to render tough decisions if evidence warrants. He has consciously pursued every direction the Commission has suggested for alternatives for the Courthouse. Our budget showed no taxpayer increase even with great pressures from law enforcement, government and non-profit contributions. The Administrator has instituted personnel training to aid in public contact service.: He has instituted an employee suggestion program. He is progressing on all the alternatives for space allocation within the County scope. The Administrator without hesitation follows through on Commission mandated missions. He attacks problems early and quickly. Employees still feel that they do not know Mr. Chandler. They never see him in the field and rarely see him in other county offices. As long as he continues to handle county matters expeditiously, he can visit with the employees at our Christmas luncheon or other social affairs. We have staff and Commissioners who probably are seen outside the office too much as it is. In light of the above, it is the recommendation to grant the Administrator, James Chandler, a 5% pay raise, effective October 1, 1996. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved a 5% pay increase for County Administrator James Chandler, effective October 1, 1996, as recommended in the memorandum. 24 September 24, 1996 BOOK BOOK 99 F -ma 407 PUBLIC HEARING -ABLE HEALTH SERVICES REQUEST FOR THE ISSUANCE OF A CLASS "E" CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE WHEELCHAIR TRANSPORTATION SERVICES PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared Darryl K. Hicks who on oath says that he is President of the Press -Journal, a daily newspaper published at Vero Beach In Indian River County, Florida; that the attached copy of advertisement, being g In the matter of 660-e,17 /- &4--i f J( In the Court, was pub - fished in said newspaper in the issues of --J(.401 f L 5(p. Affiant further says that the said Press -Journal 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 County,Florida, for a period of one year next preceding the first publication of the attachecopy 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 said newspaper. R� and subscribed before me this (� day of -14-D. 19 MY Comm. Expire : SA'erA Il; ' f,r resident) 0P August 25, 1997 S"t H^r1da. St ;rt::�fastoc L:�; t 2.5 cC3 . 1547 .,��ji�gT. 1 •\OP,r� RlQprrj l. PUBLIC HEAR0 �_24, ofen� ac8TCo Indian Rkw Ftorkla will meet h the Courcy Adn�rYatri- tion at 1840 25th Street, Vern Beach. FI., to corebbrof SERVIM for a Class E� TMof Pdjk Carwe &ft end N90Provide wheelchair Transporfa8on end within kxkn River Canty, Florida. shoiA At the PM B and � be giyan an tb"n. to speak for a against the prapataed Anyone who nW wishany decision vateoh rtmy be made at fhb =wl need to ensure tlhtt a vedaft reoal of theb mad(L Is based.which y and upon whish the WealAnpne u Who nae a speahe qtysociornfor with Act ADA Cater at 667- 80M, Ext. 408, at beat 48 hoaas if advance of ft Sept 4 tlilB t Emergency Services Director Doug Wright reviewed a Memorandum of September 16, 1996 with the aid of overhead projection of salient points: TO: Honorable Board of County Commissioners THROUGH: Jim Chandler, County Administrator FROM: Doug Wright, Director Emergency Services DATE: September 16, 1996 SUBJECT: Able Health Services Request For the Issuance of a Class "E" Certificate of Public Convenience and Necessity to Provide Wheelchair Transportation Services It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at a public hearing scheduled for September 24, 1996. 25 September 24, 1996 807 DESCRIPTION AND CONDITIONS: On April 25, 1996, Able Health Services, referred to as "Able" hereafter in this document, submitted an application along with a fee of $100.00 for a Class "E" Certificate of Public Convenience and Necessity to provide wheelchair transportation services within the County. Able Health Services is a subsidiary of Able Aviation and Air Ambulance, Inc. Pursuant to Chapter 304 of the Indian River County Code, an investigation was conducted regarding the application and public need for additional wheelchair service providers in the County. It should be noted that Able Aviation and Air Ambulance, Inc., currently holds a Class "B" Certificate of Public Convenience and Necessity in Indian River County to provide non -emergency advanced life support interfacility transport services. As part of the .investigation, each municipality, hospital, EMS provider, and each nursing home/facility in the County was contacted or corresponded with by mail. Also an informational meeting was held on August 6, 1996, with notice given so that input from the providers, municipalities, interested groups, or citizens could be obtained and questions regarding the proposed service could be answered by a representative of Able. Prior to the meeting and as part of the investigation, additional -documentation was requested from Able which Mr. Gary Burdsall, representing the company, promptly provided. It should be noted that the reason this matter is not coming before the Board within the 60 day period required by Chapter 304 is due to Able requesting that their Class "B" certificate renewal be completed and considered by the Board before scheduling the Class "E" application public hearing. The Class "B" renewal of Able was approved routinely by the Board on July 16, 1996. Able is not currently providing wheelchair transportation services in Indian River County, since no contract exists with the Community Transportation Coordinator and the company does not hold, but is attempting to obtain through this process, a certificate of public convenience and necessity. The investigation revealed that Able has been -in the EMS ground transportation business in Indian River County for a little over two years. The business is headquartered in St. Lucie County at 3100 Airmans Drive near the airport. The parent company has been in the EMS air transport business since 1987 and continues to have nine (9) air transport units operating out of several major airports in Florida. Prior to the time Indian River County adopted the wheelchair ordinance in September, 1995, Able was providing wheelchair transportation services in the County. They are currently authorized to provide wheelchair services in St. Lucie County. If granted a certificate, the company would utilize its fleet of three wheelchair vans to serve clients in Indian River County. All of the vehicles are Ford vans, one of which is a 1993 model and.two of which are '1995 models. Able also has six (6) ambulances that are used for EMS ALS non -emergency transport services within the scope of their Class "B" certificate. The company's proposed fee schedule was reviewed, and staff determined it is reasonable and comparable with other wheelchair providers. The EMS Director sent notices to and requested input from forty-two different agencies or individuals during the investigation. At the informational meeting on August 6, 1996, Mr. Burdsall presented information about his company and the rationale for requesting a certificate, with emphasis on providing the service on a private 26 September 24, 1996 BOOK 99 FAI�� BOOK 99 PAU pay basis until such time as his company could get approval for a contract with the County Transportation Coordinator. The contract is necessary to bill for Medicare and other governmental payments. The general consensus of those attending the meeting was that a need did not exist at this time for an additional wheelchair transportation provider in the County. Notes of the informational meeting are attached for review. In addition to the information received at the meeting referenced above, the following documents or phone calls were received by the EMS Director: 1) Letter dated May 6, 1996, from Bruce R. Miller of Royal Palm Retirement Residence, 2180 10th Avenue, Vero Beach. Mr. Miller stated he was opposed to the certificate of need process for wheelchair customers who pay with private funds. He indicated that Royal Palm has been using Able of Sebastian for their needs and the needs of their residents. He further indicated that the Community Coach is their only alternative to Able of Sebastian. He met with the Community Coach Director and obtained information' on availability and hours of operation. After that meeting, he determined that the Community Coach service was not consistent with their needs, because the limited hours would not help on'fieldtrips and outings that they plan during normal hours. He felt they would not be able to plan outings on weekends or after 5:00 P.M. when the Coaches are not in service throughout the County. He lamented that their facility operation should not have to be changed to accommodate the Community Coach's schedule and noted that he wants service that can meet their needs. Mr. Miller stated that Able of Sebastian is doing an adequate job, but he felt if something were to happen to their equipment (their vans are from 70's) and/or one of the two drivers, service would be severely curtailed. In that case, he did not see an alternative that would meet his facility's needs and they would be unable to offer quality, timely, and affordable wheelchair services to their residents. He ended his letter by stating for the reasons alluded to, that there is a need for more quality private wheelchair providers in the County. He wanted this information conveyed to the County Commissioners and was hopeful that new providers with new equipment could be brought in so facilities such as his could provide their residents with the best service available. ---2) Able provided fourteen (14) form letters which were the results of a survey the company completed during the period May 23 through June 7, 1996. One of the survey forms (not listed below) was from another county and it was not considered. Survey documents indicated they were received from the following facilities or individuals in Indian River County: Associated Home Health of Palm Beach Visiting Nurse Association of Treasure Coast Indian River Surqery Center Staff Builders Home Health Doctor's Clinic Vero Home Care Renal Care Center Vero Orthopedics Florida Eye Institute Indian River Village Care Center Sebastian River Medical Center Community Quick Medical Clinic IHS Vero Beach 27 September 24, 1996 All boxes on the survey forms were not checked by the facilities and some had footnotes. The forms are attached for review as the Board deems appropriate. The survey indicated the following: 1. -Is your Facility/Organization satisfied with the current wheelchair service being provided to you? 2. 3. 4. 5. Yes 5 No 5 Has your Facility/Organization experienced any delays in transport? Yes 9 No 3 Does you(sic) Facility/Organization feel there is a need for Able Health Services to provide wheelchair service for private pay? Yes 13 Does your Facility/Organization feel that there is a need for another wheelchair provider in Indian River County? Yes 13 No 0 Would your Facility/Organization like to have another service to choose from for your Private Pay wheelchair clients? Yes 13 No 0 3) Letter dated June 6, 1996, from Vincent Cacciatore, Administrator of Palm Garden located at 1755 37th Street, Vero Beach. Mr. Cacciatore stated he has been a nursing home administrator in Vero Beach for over 10 years. He advises there is no doubt in his mind that there is a need for another private pay wheelchair transport company in the County. It should be noted that the EMS Director was notified on September 12, 1996, that Mr. Cacciatore had been replaced by Mr. Stan Weir as Administrator at Palm Garden. 4) Letter dated August 1, 1996, from Thomas Fritz, Transportation Director for the Council On Aging and Community Transportation Coordinator for Indian River County located at 694 14th Street, Vero Beach. Mr. Fritz stated that Able is not under coordination contract with the Council On Aging and alludes to a recent meeting of the Transportation Disadvantaged Local Coordinating Board wherein it was agreed that there was no need for additional transportation operators at this time. He concluded his letter with comments relating to Able's Class "B" certificate which is not at issue at this time. 5) Letter dated August 5, 1996, from Sebastian City Manager Thomas Frame advising that he had reviewed the Able application and discussed the matter with representatives of the Sebastian River' Medical Center. He noted it would appear that this company is capable of providing adequate service to the Sebastian area. He concluded his letter by stating that based on his findings, he would leave the determination fully up to the EMS Director as a recommendation to the Board of County Commissioners for final determination. 6) Phone call on August 8, 1996, at 11:10 A.M. from Bruce Miller of Royal Palm as a follow-up to his letter of May 6, 1996. He stated he was worried about what was going to happen with 28 September 24, 1996 `) 500K 00 PA'U411 wheelchair service in the future. He advised he had a problem the prior -night when there was a funeral for one of his clients and he had a very difficult time arranging transportation for other clients who wanted to attend the funeral. He concluded his remarks by stating the Council On Aging is unable to assist him after 5:00 or 5:30 P.M. or on weekends. 7) Phone call on August 8, 1996, at 10:10 A.M. from Dennis Carmody of All Florida Transport. All Florida Transport currently holds a Class "E" Certificate of Public Convenience and Necessity to provide wheelchair transportation services. He stated he was not doing much business now, and that it was really dead around the County. He did not feel a need existed for another provider and that business was so slow he had to lay off his driver. 8) Phone call' on August 16, 1996, at 3:15 P.M. from Lt. Glen Oberbeck, on behalf of Chief Hugh Cox, of the Indian River Shores Public Safety Department. He advised that Indian River Shores did not oppose Able's application for a certificate to provide wheelchair transportation services. A copy of the minutes of the July 18, 1996, Transportation Disadvantaged Local Coordinating Board was obtained for review and inclusion in the EMS Director's recommendation to the Board. The minutes noted that during the meeting it was determined that no complaints had been received regarding the availability of wheelchair transportation in the community and no additional providers were needed. ALTERNATIVES AND ANALYSIS: Chapter 304 of the Indian River County Code of Laws and Ordinances requires, in part, as follows: 1. No person shall provide wheelchair vehicle service in Indian River County without a certificate of public convenience and necessity issued by the Board of County Commissioners, (Section 304.13); 2. Any person who provides wheelchair vehicle services where said services are paid for in part or in whole either directly or indirectly with government funds shall be required to have a Class "E" certificate, (Section 304.14.3); 3. To obtain an "E" certificate a showing of need for the service shall accompany the application...., (Section 304.14.4); and, 4. All services subject to Certificate "E" of this chapter shall be under written contract with the community transportation coordinator ..... (Section 304.17) Able has informed the EMS Director that the service they are seeking is for private pay clients only, and the company does not intend to bill any governmental entity- for wheelchair transportation services provided to their clients if a certificate is granted. As noted above, Able provided the EMS Director with a number of survey forms which were to some degree seemingly favorable to Able over other providers, oriented toward private pay transports, and indicated the facility(s) preferred having another provider to choose from rather than information directly related to needs not being met. 29 Se tember 24, 1996 � r � No specific incidents were cited as to why the delays mentioned in the forms occurred. Therefore, the information is not quantifiable in a format which would demonstrate a need for additional providers. Generally, surveys are used to determine a specific objective (i.e. need) and are prepared in such a manner that the survey is blind and impartial so it does not support or lead to a particular position or finding. The survey form used and responses obtained in this instance are not specific enough for the EMS Director to conclude that a need for additional wheelchair providers has been established. The survey would certainly strongly suggest that those surveyed would prefer to have additional providers available, and there is concern that after hour and weekend transports of the facilities are not being met as they should be. It appears that Able has raised a point that*the Board may want to consider in terms of wheelchair services for those clients who pay with private funds versus clients whose wheelchair transportation is paid from governmental resources. Chapter 304 does not directly address the issue of private pay. Able has stated on several occasions that they would like to provide wheelchair transportation services to private pay clients until such time as a contract could be favorably considered and finalized with the Council On Aging and the Community Transportation Coordinator. Possible alternatives the Board may consider are as follows: 1. Deny the application for a Class "E" certificate to provide wheelchair transportation services. 2. Approve the application for a Class "E" certificate to provide wheelchair transportation services. 3. Approve the application for a Class "E" certificate and limit the wheelchair transportation services to serve only private pay clients. RECONMNDATION: The EMS Director carefully considered all the information submitted in this matter. However, a great amount of creditability is given to the Transportation Disadvantaged Local Coordinating Board since that Board was the genesis of the wheelchair ordinance. Its finding that no additional wheelchair providers were needed in the County is significant. It was also confirmed that Able is not currently under contract with the Community Transportation Coordinator, which is a requirement in the ordinance to obtain a Class "E" certificate. In addition, the information meeting which was held established a consensus among the providers present that no additional providers were needed. Able feels, since it was providing wheelchair transport services at the time the ordinance was passed and others services were grandfathered in, that they should have been included in that group. However, that is not an issue at this time since it has been prior addressed by the Board. The survey letters were addressed earlier in this document and no further discussion is necessary. They say what they say. Based on consideration of the totality of the information available at this time and pursuant to Chapter 304, the EMS Director recommends that the Board approve Alternative #1. However, if the Board finds that Able has provided sufficient information that would demonstrate a preference for facilities to have a provider which would serve private pay clients only, then it is within the Board's providence to consider approving Alternative #3. we t September 24, 1996 BOOK ; = 24, 9 PA c� BOOK 99 PAGE APPLICATION • Chapter 304 - Wheelchair Transport Services. • Submitted April 25, 1996 - Class "E" Certificate of Public Convenience & Necessity. • $100.00 fee. • Investigation by EMS Director. • Public Hearing within 60 days*. INVESTIGATION • Each municipality, hospital, EMS provider, nursing home, and health care facility was corresponded with (42): • An informational meeting was held on August 6, 1996. • Able vehicles were inspected (3). • Public need was considered. • Not under contract with CTC - Council on Aging. • Applicant stressed objective was to provide service to private pay clients until contract with CTC could be finalized. • Before ordinance was approved in September, 1995, applicant was providing wheelchair transport services in county. FINDING • Concerns were stated from some facilities regarding problems in: — Scheduling in advance. — After hours/weekend trips. — Desire for other providers to choose from. ALTERNATIVES • ALTERNATIVE #1: Deny the issuance of a Class "E" Certificate. • ALTERNATIVE #2: Approve the issuance of a Class "E" Certificate. • ALTERNATIVE #3: Approve the issuance of a Class "E" Certificate, limited to private pay clients. 31 Se tember 24, 1996 . CONCLUSION Transportation Disadvantaged Local Coordinating Board determined no additional providers were needed (7/18/96). Able Health Services is not under contract with the CTC. Showing of need not sufficiently demonstrated. Some facilities strongly desire additional provider for -after hours and weekend trips. Informational meeting consensus was that needs were being met. RECOMMENDATION • Pursuant to Chapter 304 - approve Alternative #1. • If BCC finds information sufficient to have a provider for private pay clients only - consider Alternative #3. 32 September 24, 1996 �a��" 4 BOOK -99 In response to Commissioner Eggert, Director Wright defined "private pay client" as a person paying directly from private funds without insurance or Medicare payments. Commissioner Bird observed that the survey results provided in the backup contradicted Director Wright"s recommendation, whereupon Commissioner Eggert asked Director Wright to describe the procedure he went through to reach his conclusions. Director Wright explained that, after receiving the surveys, staff had contacted the signers of the survey letters and the information communicated by telephone conflicted with the contents of the letters. There was a consensus that they wanted another provider, but what he was looking for (to satisfy code requirements) were reported delays or something concrete that would lead staff to believe that there is a large vacuum of service not being met by existing providers. The Transportation Disadvantaged Local Coordinating Board (TDLCB) had not received any complaints. He believed that schedule changes would address any existing problems. It appeared to Commissioner Bird that, if the survey is accurate, the need for an additional provider does exist. He felt there seemed to be more than a consensus in the letters. Director Wright responded that the survey does not say that the current providers are not providing the service. He was looking for impartial information. Commissioner Bird described the survey as having non-specific, generic questions. Director Wright reiterated that Able's application does not meet the requirements of the County's code, by which he is bound, and stood by his recommendation. Discussion ensued about after-hours service needs and whether or not the need is being met. Chairman Adams pointed out that it is one thing to look at whether the need is being met and another is the need to keep the ones who are licensed economically viable. Commissioner Tippin observed that nothing has stopped the proliferation of plant nurseries. Commissioner Eggert advised it was reported at the TDLCB that none of the services are running at full capacity; therefore, "need" does not exist to add more. 33 September 24, 1996 Director Wright reported that Mr. Cormody (one of the service providers) advised him that he had to lay off some workers because there was insufficient business. Commissioner Macht had heard a complaint that other providers for "private pay" were unreliable and arrived with dirty vehicles, whereas a call to Able Ambulance resulted in a clean, modern vehicle with very attentive attendants. He felt that was a strong endorsement of need. Director Wright advised that the ordinance would have to be changed if the Board approves Able's request. County Attorney Vitunac felt that if the Board had the power to deny an "E" license, they also had the power to restrict it to private pay. He thought that, for today's purposes, they could give a restricted (to private pay) "E" license. Chairman Adams opened the public hearing and asked if anyone wished to be heard in this matter. Gary Burdsall, president of Able Health Services, a subsidiary of Able Aviation and Air Ambulance, briefly asked the Board to approve the issuance of a Class "E" Certificate, limited to private pay clients (Alternative 3) today. He noted that a couple of months ago they had an unannounced inspection by the State of Florida and were given exemplary records and vehicle status assessments. Commissioner Eggert asked Mr. Burdsall to describe what he would like to do in a private pay program. Mr. Burdsall responded that some of the facilities require moving patients by wheelchair and the facility or the person is willing to pay for the service themselves. He would welcome the opportunity to service the community under the CTC. Today, however, he requested approval of Alternate 3. Tom Fritz, Transportation Director for Council on Aging and Transportation Coordinator for the County, advised that at the last meeting of the TDLCB one of the issues was whether or not the community's need is being met. The specific question was asked if anyone was aware of the need not being met. At that point, there was no designated need. Going a step further, he met with many of the local medical providers to determine if there was anything that could be done to better serve them. Florida Eye Clinic requested that scheduled hours be extended to 6 pm. Commissioner Bird asked his position on Alternate 3, and Mr. Fritz advised that there is an additional issue. It is a nursing 34 September 24, 1996 BOOK 'AGE k17 home's responsibility to transport their residents, so, there is an underlying question as to whose responsibility it really is to pay for transportation, the nursing home's or the individual's. In answer to the question, at this point, he specified he was against Alternate 3. Jim Ross of City Cab advised that he presently works with the Council on Aging in providing transportation 24 hours a day. His only concern is that before bringing in other companies from other counties, we make sure we are utilizing the companies who pay Indian River County taxes. Carol Bepler, one of the owners of Able Transport of Sebastian, spoke against bringing another company into the area. She advised she already had to cut one of their part-time workers. If there is additional business, she would like to have it. The Chairman asked if anyone else wished to be heard in this matter. There being none, she closed the public hearing. Commissioner Eggert made two comments. Her first was that E.1.1s are providing their own transportation for their own institutions. Second, she described herself as a "professional rider of the various wheelchair vans" and she has not seen one that has been dirty or unacceptable. At one time, there was a problem with one ambulance service. Commissioner Tippin favored competition in free enterprise. He felt government should not be involved in this issue. ON MOTION by Commissioner Tippin, SECONDED by Commissioner Bird, the Board approved Alternative 3 (by a 3-2 vote, with Chairman Adams and Commissioner Eggert opposed) for a Class "E" certificate to be issued to Able Health Services and limiting the wheelchair transportation services to serve only private pay clients. Chairman Adams added that she would feel better if Able paid taxes in the county. 35 September 24, 1996 APPROVAL OF FY 1996/97 EMS COUNTY AWARDS GRANT; PURCHASE OF CAPITAL/OPERATING EQUIPMENT WITH NON- MATCHING EMS _GRANT FUNDS, AND GRANT RESOLUTION The Board reviewed a Memorandum of September 13, 1996: TO: Honorable Board of County Commissioners THROUGH: Doug Wright, Director �aw Department of Emergency Services FROM: Jim Judge, EMS Chief Division of Emergency Medical Services DATE: September 13, 1996 SUBJECT: Approval of FY 1996/97 of Capital/Operating Grant Funds; and Grant EMS County Awards Grant; Purchase Equipment with Non -Matching EMS Resolution It is respectfully requested the information contained herein be given formal consideration by the Board of County Commissioners at the meeting scheduled for September 24, 1996. DESCRIPTION AND CONDITIONS The Department of Health and Rehabilitative Services, Office of Emergency Medical Services (EMS), is authorized by Chapter 401, Part II, Florida Statutes, to distribute county grant funds. The funds are then made available to eligible county governments to improve and expand their prehospital emergency medical services. The grant program is an innovative process which enables EMS agencies to enhance EMS systems through the Board of County Commissioners. The EMS Grant has been prepared describing program needs and proposing grant objectives as well as time frames for completion. It should be noted that the grant conditions require the County to ensure that the EMS grant funds will not be used to supplant or replace any existing EMS budget allocations and the resolution must include a statement to that effect. The grant conditions also require a separate accounting of the EMS funds from all other funds. ALTERNATIVES AND ANALYSIS The county grant funds are derived from surcharges_ on various traffic violations. Funding in the amount of $52,025.52 has been allocated to Indian River County for FY 1996/97. The grant funds will be utilized as indicated in the grant application for equipment and services to improve and expand the Advanced Life Support EMS prehospital system. The equipment proposed and justification for purchase in the expenditure plan is as follows. IV Infusion Pumps - Purchase ten IV infusion pumps to properly administer IV Nitroglycerine and other medications; an infusion pump is required to properly control the exact amount of medication administered to patients. $5,550.00 Extremity Vacuum Splints - Obtain ten vacuum splint systems which would allow the Division of EMS to improve the quality of extremity 36 September 24, 1996 BOOK go pn?,19 splinting above the level currently being provided. The vacuum splints are rigid and due to their heavy-duty PVC type material, are not susceptible to weakening associated with blood and body fluids, they would also allow for cleaning according to current biohazard standards. $2,600.00 Fiberglass Backboards - Purchase ten fiberglass backboards with immobilization straps to upgrade older wooden backboards due to the latest guidelines on infectious control dealing with problems associated in cleaning the porous wooden style boards. $1,990.00 LIFEPAR 10 monitor/defibrillator/pacemaker - Purchase two units to allow the Division of EMS to improve the level of out of hospital emergency care by bringing back-up ambulances to full Advanced Life Support status for EMS training, Stand-by events and disaster preparedness. $19,000.00 Durable Intubation Equipment - Purchase three sets of durable intubation equipment (fiber optic laryngoscope handles, fiber optic laryngoscope blades, Magill's Forceps) to improve the level of out of hospital care by bringing back-up ambulances to full Advanced Life Support status, for EMS training, Stand-by events, and disaster preparedness. $2,450.00 UnQrade Main EMS Station Computer System - Purchase and install necessary hardware and software components needed to upgrade the main network computer and peripheral computers utilized at the Main EMS Station. In addition to hardware and software purchases, the project would entail transferring existing computer files from the existing system to the newly installed system. $11,060.52 aL..Laus ueDrlezina (Basic Training) - Organize and perform Critical Incident Stress Debriefings by providing training and implementing a Regional debriefing team for emergency services personnel. This will reduce strong emotional reactions and manage stress symptoms from major incidents (death, etc.) by providing services from peer debriefers as well as certified mental health professionals. $1,500.00 aa++►a AjaAiy/n=cLLL.b-uu zuu uaraiac Knytnm Generator - Purchase two ALS Baby Mannequins /Hearts im 200 Cardiac Rhythm Generator for annual Pediatric Advanced Life Support Provider Courses and to assess the status of the EMS personnel's ability to recognize and treat a pediatric patient. From this assessment, training modalities will be established and participants will practice advanced skills. $4,200.00 Airway Management Trainers - Purchase two airway management mannequins for annual Advanced Cardiac Life Support Provider Courses and to assess the status of the EMS personnel's ability to diagnose and treat the adult patient in respiratory distress. $2,700.00 Cardiac Rhythm Generator - Purchase a rhythm generator for use during annual certification and recertification of Advanced Cardiac Life Support Providers, which are utilized to simulate realistic patient conditions and promote treatment modalities consistent with current standards of care. $550.00 Slide Projector - Purchase slide projector to be used for Public Education presentations and numerous medical education classes which improve and enhance the knowledge base of EMS staff. $425.00 RECOMMENDATION Staff recommends approval of the FY 1996/97 EMS resolution to purchase the equipment and services 37 September 24, 1996 Grant and as noted in attachments. Staff further recommends that the Board of County Commissioners authorize the Chairman to execute the necessary documents to obtain funds from HRS in the amount of $52,025.52 and authorize budget amendments as required to receive and expend the grant funds. In order to comply with the requirements of the Grant, staff is seeking authorization for the establishment of a unique accounting code designator for all County Awards Grant deposits, disbursements, interest accrual, and rollover of funds as they are required to be maintained in a separate fund or account for inspection by the State EMS Monitoring and Compliange°Unit. Chairman Adams advised that a correction was made to the proposed resolution to reflect that it is a resolution of the Board of County Commissioners and not of the Emergency Services District Board. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Macht, the Board unanimously adopted Resolution No. 96-122 authorizing the application for funding County Emergency Medical Services (EMS) grant awards to be submitted to the State of Florida Department of Health and Rehabilitative Services and other recommendations as set forth in the memorandum. RESOLUTION NO. 96-122 A RESOLUTION OF. THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE APPLICATION FOR FUNDING COUNTY EMERGENCY MEDICAL SERVICES (EMS) GRANT AWARDS TO BE SUBMITTED TO THE STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES. WHEREAS, The Florida Department of Health and Rehabilitative Services has announced that applications for funding County Emergency Medical Services (EMS) Grant awards are now being accepted and a grant application has been prepared for Indian River County; and WHEREAS, an application for grant funds for fiscal year 1996- 97 has been prepared by the County; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COM- MISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman is authorized to sign and execute the application for EMS grant funds certifying that monies from the EMS Grant Program For Counties will improve and expand the County's pre -hospital EMS system and that the funds will not be used to supplant existing County EMS budget allocations. 38 �c7 t 1`' U �BOOrK P� yE September 24, 1996 BOOK 99 FAA The foregoing Resolution was offered by Commissioner Eggert who moved its adoption. The motion was seconded by Commissioner Macht and, upon being put to a vote, the vote was as follows: Chairperson Fran B. Adams Aye Vice -Chairperson Carolyn K. Eggert Aye Commissioner Kenneth R. Macht Aye Commissioner John W. Tippin Aye Commissioner Richard N. Bird Aye The Chairperson thereupon declared the resolution duly passed and adopted this 24 day of September , 1996 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COLWY, FLORIDA B ran B. Adams, Chairperson ind2n River Co. Approved Date Admin Legal Budget � � Dept. g..� 3• Risk Mgr. ADM USTRATIVE POLICY MANUAL REVISIONS The Board reviewed a Memorandum of September 11, 1996: TO: James E. Chandler Coun Administrator FROM: Ron . Baker Personnel Director DATE: September 11, 1996 RE: Revisions to Administrative Policy Manual BACKGROUND Upon execution of the three union contracts, an examination of the Administrative Policy Manual was conducted. The following revisions to the Manual are proposed so that policies in the contracts and in the manual are similar. Consistency in policies for bargaining unit and nonbargaining unit employees provides more efficiency and less chance for error. The five areas of proposed changes are as follows: 39 September 24, 1996 � s � 1. Standby pay is increased from one half hour per day to one hour per day. 2. Call back pay is changed from a minimum of one hour to a minimum of two hours. 3. The temporary assignment pay policy is changed to reflect a five working day rather than a seven calendar day qualification period. 4. The change in the workers compensation policy means that employees in lost time cases would receive benefits in accordance with the laws of the State of Florida. 5. The addition of step -sister and step -brother to the definition of immediate family in the Bereavement Leave policy means the policy would be the same as in the Fire Contract and as in the Sick Policy in the Administrative Policy Manual. The pages with proposed revisions are attached. Strike overs represent deletions of wording and underlining represents additions of wording. RECOMMENDATION: The Board of County Commissioners approve the attached revisions to the Administrative Policy Manual effective October 1, 1996. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved the revisions to the Administrative Policy Manual effective October 1, 1996, as recommended in the memorandum. SERVICE AGREEMENT _RENEWAL; THIRD PARTY CLAIMS ADMINISTRATION SERVICES - INSURANCE SERVICING & ADJUSTING COMPANY The Board reviewed a Memorandum of September 16, 1996: TO: James E. Chandler, County Administrator THRU: Ron Baker, Personnel Director FROM: Beth Jordan, Risk ManagerAdw DATE: September 16, 1996 (1°� SUBJECT: Service Agreement Renewal; Thins Party Claims Administration Services Attached, please find for the Board's consideration on September 24, 1996, the FY 96-97 third party claims administration Service Agreement renewal with Insurance Servicing & Adjusting Company. This will be the fifth and final year of renewal; we will remarket the program in' FY 96-97. 40 September 24, 1996 BOOK 99 PAGE 222 J BOOK 99 PA,E 223 The agreement makes no changes to the current year's terms and conditions; there is no price increase, and the not-aexceed cost remains $33,985.00. - - Staff has enjoyed an outstanding working relationship with this company, and we recommend the Board approve the renewal agreement and authorize its execution. ON MOTION by" Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously approved the renewal of servicing agreement with Insurance Servicing & Adjusting Company for FY 96-97 third party claims administration for a not -to -exceed cost of $33,985, as recommended in the memorandum. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 41 September 24, 1996 8TH COURT SOUTH OF 2ND STREET - PAVING AND DRAINAGE IlVIPROVEMENTS - AS -BUILT RESOLUTION & ASSESSMENT ROLL The Board reviewed a Memorandum of September 9, 1996: TO: James Chandler County Administrator THROUGH: James W. Davis, P. 1 Public Works Director / and Roger D. Cain, P.E. County Engineer FROM: Michelle A. Gentile, CET A4 Civil Engineer SUBJECT. As-Bullt Resolution & Assessment Roll for Paving and Drainage Improvements to Sth Court South of 2nd Street DATE: September 9, 1996 DESCRIPTION AND CONDITIONS The paving of 8th Court has been completed. The final assessment is as follows: Preliminary Estimates $29,148.27 - 100% $21,861.20 - 75% (1019.17 Front Footage) $21.45/per FF Final Cost $26,818.16 -100% $20,515.89 - 75%* (1019.17 Front Footage) $20.13/per FF *This figure includes 296 Tax Collector's fee. The final assessment roll has been prepared and is ready to be delivered to the Clerk to the Board. Assessments are to be paid within 90 days or in 2 equal installments, the first to be made twelve months from the due date and subsequent payments to be due yearly from the due date at an interest rate of 81/z% established by the Board of County Commissioners. ALTERNATIVES AND ANALYSIS Since the final assessment to the benefitted owners is less than the preliminary assessment roll, the only alternative presented is to approve the final assessment roll. RECOMMENDATION It is recommended that the final assessment roll and the "As -Built Resolution" for the paving of the above mentioned road be approved by the Board of County Commissioners and that it be transferred to the Tax Collector for recording in the "Assessment Lien Book" and for collection. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously adopted Resolution No. 96-121 certifying "as -built" costs for certain paving and drainage improvements to 8th Court south of 2nd Street, designated as Project No. 9416, and other construction necessitated by such project, providing for formal completion date, and date for payment without penalty and interest, as. recommended in the memorandum. 42 September 24, 1996 BOOK,,, Fr- I BOOK 99 FAGS As -Built (Fourth Reso.) 2/19/96(ENG)RES4.MAG\gfk RESOLUTION NO. 96-121 A RESOLUTION OF INDIAN RIVER COUNTY CERTIFYING "AS -BUILT" COSTS FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 8TH COURT SOUTH OF 2ND STREET, DESIGNATED AS PROJECT NO. 9416, AND OTHER CONSTRUCTION NECESSITATED BY SUCH PROJECT; -PROVIDING FOR FORMAL COMPLETION DATE, AND DATE FOR PAYMENT WITHOUT PENALTY AND INTEREST. WHEREAS, the Board of County Commissioners of Indian River- County determined that the improvements described herein. specially benefited the property located within the boundaries as described in this title, designated as Project No. 9416, are in the public interest and promote the public welfare of the county; and WHEREAS, on January 16, 1996, the Board held a public hearing in the Commission Chambers at which time the owners of the property to be assessed were afforded an opportunity to appear before the Board to be heard as to the propriety and advisability of making such improvements; and WHEREAS, after such public hearing was held the County Commission adopted Resolution No. 96-05, which confirmed the special assessment cost of the project to the property specially benefited by the project in the amounts listed in an attachment to that resolution; and WHEREAS, the Director of Public Works has certified the actual "as -built" cost now that the project has been completed is $20.13 per front foot, which is less than $21.45 per front foot in the confirming Resolution No. 96-05, NOW THEREFOREp BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY# FLORIDA, that: 1. Resolution No. 96-05 is modified as follows: The completion date for Project No. 9416 is declared to be August, 1996, and the last day that payment may be made avoiding interest and penalty charges is ninety (90) days after passage of this resolution. 2. Payments bearing interest at the rate of 8k% per annum may be made in two (2) equal installments, the first to be made twelve (12) months from the due date and the subsequent 43 September 24, 1996 - No. 96- 121 payments to be due yearly from the due date. The due date is ninety (90) days after the passage of this resolution. 3. The assessment roll for said project listed in Resolution No. 96-05 shall be as set forth in attached Exhibit "A" to this resolution. 4. The assessments as shown. in attached Exhibit ""All shall. stand confirmed and remain legal, valid, and binding first liens against the property against which such assessments are made until paid. 5. The assessments shown in Exhibit "A", attached to Resolution No.96-05 were recorded by the County on the public records of Indian River County, and the lien shall constitute prima facie evidence of its validity. This resolution was moved for adoption by Commissioner EQQert , and the motion was seconded by Commissioner Bird and, upon being put to a vote, the vote was as follows: Chairman Fran B. Adams Aye Vice -Chairman Carolyn K. Eggert Aye Commissioner Kenneth R. Macht Aye Commissioner John W. Tippin Aye Commissioner Richard N. Bird Aye The Chairman thereupon declared the resolution duly passed and .adopted this 24 day of September , 1996. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA FRAM B. ADAMS, Chairman Attest: JEFFREY K. BART Cl k Attachment: Exhibit "A" f Sctasblt.res 44 September 24, 1996 BOOK 99 Pp,GE ?? m BOOK 99 Pp,GE ?? 1 1 FINAL ASSESSMENT ROLL FOR PAVING AND DRAINAGE IMPROVEMENTS TO: 8TH COURT (SOUTH OF 2ND STREET) PROJECT NO. 9416 TOTAL FRONT FEET.......... 1019.17 COST TO PROPERTY OWNERS.......... $20,515.89 COST PER FRONT FOOT ....................... $20.13 NAME & ADDRESS LEGAL DESCRIPTION FRONT FOOTAGE COST/F.F. TOTAL COST 1. Helen T. Rotter 13 33 39 00007 0018 00001.0 80.00 $20.13 $1,610.40 7507 N. Territorial Road Indian River Heights, Unit 8, Plymouth, MI 48170 Block R, Lot 1 A. 2. Nancy A. Galanto V1 175 8th Court Vero Beach, FL 32962 3. David O. & Penny Stevens 171 8th Court Vero Beach, FL 32962 4. John J. & Regina Burdock 165 8th Court Vero Beach, FL 32960 5. Michael & Lori A. Staller 161 8th Court Vero Beach, FL 32962 STHCTFIN.wkl 13 33 39 00007 0018 00002.0 Indian River Heights, Unit 8, Block R, Lot 2 13 33 39 00007 0018 00003.0 Indian River Heights, Unit 8, Block R, Lot 3 13 33 39 00007 0018 00004.0 Indian River Heights, Unit 8, Block R, Lot 4 13 33 39 00007 0018 00005.0 Indian River Heights, Unit 8, Block R, Lot 5 80.00 M 85.24 $20.13 $20.13 $20.13 $20.13 $1,610.40 $1,610.40 $1,610.40 0 7K $1,715.88 30 -Aug -96 0 FINAL ASSESSMENT ROLL FOR PAVING AND DRAINAGE IMPROVEMENTS TO: 8TH COURT (SOUTH OF 2ND STREET) TOTAL FRONT FEET.......... 1019.17 �► COST TO PROPERTY OWNERS ..........$20,515.89 PROJECT NO. 9416 COST PER FRONT FOOT ....................... $20.13 NAME & ADDRESS LEGAL DESCRIPTION FRONT FOOTAGE COST/F.F. TOTAL COST 6. Albert J. & Dawn K. Mill 111 13 33 39 00007 0018 00006.0 118.18 $20.13 $2,378.96 155 8th Court Indian River Heights, Unit 8, Vero Beach, FL 32962 Block R, Lot 6 ON 7. Daniel E. & Randi W. Dempsey 13 33 39 00007 0018 00007.0 140.75 $20.13 $2,833.30 6910 33rd Street Indian River Heights, Unit 8, Vero Beach, FL 32960 Block R, Lot 7 8. Henry Edward & Joyce A. Snuffer 13 33 39 00007 0018 00008.0 70.00 $20.13 $1,409.10 166 8th Court Indian River Heights, Unit 8, Vero Beach, FL 32962 Block R, Lot 8 9. John & Mary Ann Zuefle 13 33 39 00007 0018 00009.0 70.00 $20.13 $1,409.10 176 8th Court Indian River Heights, Unit 8, CD ® Vero Beach, FL 32962 Block R. Lot 9 10. John & Mary Ann Zuefle 13 33 39 00007 0018 00010.0 70.00 $20.13 $1,409.10 C 176 8th Court Indian River Heights, Unit 8, Vero Beach, FL*32962 Block R, Lot 10 8THCTFIN.wk1" 30 -Aug -96 EX H I IT 1� C� b FINAL ASSESSMENT ROLL FOR PAVING AND DRAINAGE IMPROVEMENTS �. TO: 8TH COURT (SOUTH OF 2ND STREET) N TOTAL FRONT FEET.......... 1019.17 COST TO PROPERTY OWNERS.......... $20,515.89 PROJECT NO. 9416 COST PER FRONT FOOT ....................... . $20.13 NAME & ADDRESS LEGAL DESCRIPTION FRONT. FOOTAGE COST/F.F. TOTAL COST 11. S. Thomas Bell, Jr. 13 33 39 00007 0018 00011.0 70.00 $20.13 $1,409.10 180 8th Court Indian River Heights, Unit 8, Vero Beach, FL 32962 Block R, Lot 11 J 12. Richard A. & Linda W. Brown 13 33 39 00007 0018 00012.0 75.00 $20.13 $1,509.75 825 2nd Street Indian River Heights, Unit 8, Vero Beach, FL 32962 Block R, Lot 12 TOTAL 8THCTFIN.wk1 1019.17 $20.13 $20,515.89 FRONT FOOTAGE COST PER F.F. TOTAL COST EXHIBIT"A" �-°�� _g r � � ENVIRONMENTAL LEARNING CENTER - 1996-97 WATERWAYS ASSISTANCE PROGRAM PROJECT The Board reviewed a Memorandum of September 17, 1996: TO: James E. Chandler, DATE; P Se tember 17, 1996 County Administrator FROM: James W. Davis, P.E Public Works Directo SUBJECT: 1996-97 Waterways Assistance Program Project Environmental Learning Center - IR Project # 96-20 REF. LETTER: David K. Roach, to Jim Davis dated Sept. 12,1996 DESCRIPTION AND CONDITIONS Attached for execution by the Chairman of the Board of County Commissioners are two original agreements for FIND approved Waterways Assistance Program project(s). FIND has approved a grant to the Environmental Learning Center in the amount of $43,933.00 for Environmental Learning Center Computers and Lighting. ALTERNATIVES AND ANALYSIS The following alternatives are presented: Alternative No. 1 Execution of the attached agreements. Alternative No. 2 Deny the Chairman to execute the agreements. RECOMMENDATIONS AND FUNDING Staff recommends the Chairman execute the attached agreements. No funding is needed, the project will be funded by the Florida Inland Navigation District. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously approved two agreements for FIND approved Waterways Assistance Program projects (computers & lighting), as recommended in the memorandum. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 43RD AVENUE MPROVEMENTS BETWEEN IST STREET SW & 2ND STREETI - DEVELOPER'S AGREEMENT - DU -19S. INC. The Board reviewed a Memorandum of August 30, 1996: 48 September 24, 1996 BOOK 99 BOOK 99 w,1231 TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E., Public Works Director SUBJECT: Developer's Agreement to Construct Improvements to 43rd Avenue between lst Street SW and 2nd Street DATE: August 30,' 1996 DESCRIPTION AND CONDITIONS John A. Jackson, developer of the Du -J's, Inc. Convenience Store located along the east side of 43rd Avenue north of 1st Street SW, has constructed roadway widening and drainage improvements to 43rd Avenue north of 1st Street SW for the construction of a southbound left turn lane to serve his driveway. The Public Works Department requested that the widening extend approximately 200' further south to provide a left turn lane for 1st Street SW. The Developer agreed to construct the extension at the County's cost. It was agreed the cost to the County would be $11,900.88. Last year, County staff drafted a developer's agreement and sent it to the developer for -execution. It was misplaced and not executed. At this time, the Developer is requesting it be approved. In addition, at the County's request, a change order was initiated to add drainage structures and the Counties share of sod, 6,447 SF ($709.17) to the west side of 43rd Ave. The cost for this change order, including engineering is $7,779.37 for atotal of $19,680.25. ALTERNATIVES AND ANALYSIS The following alternatives are as follows: Alternative No. 1 Approve the Developer's Agreement and the Change Order and authorize the Chairman's signature. The County agrees to reimburse the Developer the cost of $19,680.25 after acceptance of the work by the Public Works Department. Alternative No. 2 Not approve the agreement. RECOMMENDATIONS AND FUNDING Alternative No. 1 is recommended. The Project will be funded by Road and Bridge Division Fund 111-214-541-035.31. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously approved Alternative No. 1, approving the developer's agreement with Du -J's, Inc. and the change order, as recommended in the memorandum. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 49 September 24, 1996 TELEMETRY SYSTEM UPGRADE - WATER PLANTS AND DISTRIBUTION SYSTEM/PROTECT IMPLEMENTATION - COAMMCATIONS INTERNATIONAL AND HIS CONTROLS The Board reviewed a Memorandum of September 10, 1996: DATE: SEPTEMBER 10, 1996 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINT DIRECTOR OF *IIT VICES PREPARED WILLIAM F. N, P.E.. AND STAFFED CAPITAL P T EN EER BY: DEPARTME F TY SERVICES SUBJECT: TELEMETRY SYSTEM UPGRADE FOR WATER PLANTS AND DISTRIBUTION SYSTEM/PROJECT IMPr: 4ZNTATION INDIAN RIVER COUNTY PROJECT NO. UW -94 -15 -WC WIP NO. 471-000-169-235.00 On April 11, 1995, the Indian River County Board of County Commissioners approved the aforementioned project. (Please see the attached agenda item and minutes.) The intent of this project was to convert the County's water system telemetry from a dedicated phone line system to an 800 Mhz radio system, utilizing the services of vendors currently under contract to the County; i.e., Communications International, Inc. and HTS Controls, Inc. As the project proceeded, several unforeseen problems occurred. First, a problem was realized with regard to the communication protocol with the 800 system provider. All parties were proceeding cooperatively in moving to a resolution of this problem, but with an additional estimated cost to the County of $40,000.00. With this addition, this has also become an extremely time-consuming task. With the delay in implementation realized, the second stumbling block appeared. With the full development of the County's 800 Mhz communications system coming to fruition, the total number of users had risen to the point that emergency services expressed concern with the system being able to handle the Utilities Department's needs with regard to this project. With this in mind, the Utilities Department staff proceeded with investigations for alternatives. We are now proposing to utilize a 900 Mhz communications system for this project, utilizing the same vendors that were previously approved and reusing portions of their work as well. This can be done with a lower final project cost and provide the Utilities Department with a system that is totally dedicated to its own use without the fear of service interruption during an emergency situation as may have occurred with the expanded number of users now committed to the 800 Mhz system. ANALYSIS The original price approved for the implementation of this project is $76,690.00. (See attached agenda item and minutes.) Please see a breakdown below of the redistributed costs and credits. 50 24 September P , 1996 BOOK 99 PAU � . BOOK PAf,� 233 However, the total proposed cost of the modified system is $98,068.40, and contracts will need to be signed with HTS Controls, Inc., and Communications International, Inc., in the following amounts respectively, $48,650.00 and $13,062.40. Funding for this project will remain as before from the renewal and replacement fund. RECOMMEENDATION The staff of the Department of Utility Services in cooperation with Emergency Management Services recommends approval of the project as outlined above through the execution of the attached contracts with Communications International, Inc., in the amount of $13,062.40 and to HTS Controls, Inc., in the amount of $48,650.00 to allow staff to complete the project. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved the contracts with Communications International, Inc., in the amount of $13,062.40 Inc., in the amount of $48,650, the memorandum. CONTRACTS ON FILE and HTS Controls, as recommended in IN THE OFFICE OF THE CLERK TO THE BOARD 51 September 24, 1996 Previous original Pay Additional Communications, Inc. $32,690.00 $ 6,806.00 $10,842.40 HTS Controls, Inc. 32,000.00 27,550.00 48,650.00 Contingency 12,000.00 0 2,000.90, Frequency Acquisition 0 0 2,220.00 (thru Communications) Protocol Interface 40,000.00 0 0 Total- $116,690.00 $34,356.00 $63,712.40 Final Original Project Cost = $116,690.00 Revised System Project Cost = Previous Pay and Additional $ 34,356.00 + $63,712.40 = $ 98,068.40 The final modified system cost maintaining the 800 Mhz system would have been approximately $116,690.00 (which includes the additional $40,000.00), but still would have been below the budgeted amount of $120,000.00. However, the total proposed cost of the modified system is $98,068.40, and contracts will need to be signed with HTS Controls, Inc., and Communications International, Inc., in the following amounts respectively, $48,650.00 and $13,062.40. Funding for this project will remain as before from the renewal and replacement fund. RECOMMEENDATION The staff of the Department of Utility Services in cooperation with Emergency Management Services recommends approval of the project as outlined above through the execution of the attached contracts with Communications International, Inc., in the amount of $13,062.40 and to HTS Controls, Inc., in the amount of $48,650.00 to allow staff to complete the project. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved the contracts with Communications International, Inc., in the amount of $13,062.40 Inc., in the amount of $48,650, the memorandum. CONTRACTS ON FILE and HTS Controls, as recommended in IN THE OFFICE OF THE CLERK TO THE BOARD 51 September 24, 1996 ST. LUCIE COUNTY - WATER SERVICE INTERCONNECTION AGREEMENT The Board reviewed a Memorandum of September 18, 1996: TO: Board of County Commissioners FROM: Terrance G. Pinto, Utilities Director / J. 0 DATE: September 18, 1996 RE: Agreement for interconnection of St. Lucie and and Indian River Counties with Water Service For some time now discussions have been underway between the Utilities Departments of Indian River County and St. Lucie County regarding a possible interconnection of the respective systems' water mains so that each County would have the capability of providing and receiving water from the other on an as -needed or permanent basis. The Utilities Directors believe that such an agreement is in the public interest by providing an additional water source to supply water service in the event that the production plants in the respective counties were out of service for some reason. It is anticipated that this agreement would function as a "mutual aid agreement" which is common for other emergency services between adjoining counties. Staff Recommendation: Staff recommends that the Board authorize the Chairman to execute the attached contract with St. Lucie County allowing the inter- connection of the respective counties' water systems and to provide temporary service pursuant to the contract, when requested, with the proviso that no permanent service shall be authorized unless the Board approves such request by further Board action. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved the contract with St. Lucie County to allow interconnection of the respective counties' water systems and to provide temporary services with the proviso that no permanent service shall be authorized without Board approval, as recommended in the memorandum. INTERLOCAL AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 52 September 24, 1996 Book 99 ?Au Z3-5 WILLOW STREET LAWSUIT SETTLEMENT - DIRECTION TO STAFF County Attorney Vitunac reviewed a Memorandum of September 18, 1996: TO: Board of County �� Commissioners FROM: Charles P. Vitunac, County Attorney DATE: September 18, 1996 RE: Willow Street Lawsuit At the request of many of the residents in the Willow Street area south of Fellsmere, the Board of County Commissioners recently approved an assessment program to pave Willow Street. Simultaneously the City of Fellsmere undertook an assessment program for the portion of Willow Street within the city limits. The property owner most affected by the assessment cost, Mr. Rahn, filed suit in federal court. Since he made a claim for money damages, the County's insurance policy has undertaken the defense. It was the County's hope, after reviewing the lawsuit, that the suit could be dismissed at an early stage. However, our insurance lawyer, Mr. Reynolds, was unsuccessful in getting the suit dismissed, and indicates that it could be anywhere from one to nine years before the matter comes to trial. In an attempt to build the road much soonere than that, the Public Works Department and County Attorney's Office have discussed a settlement offer with Mr. Reynolds and with the plaintiff. The plaintiff has accepted this subject to the Board of County Commissioners' approval. The settlement would have the plaintiff dismiss his lawsuit with prejudice while.the County would repeal its special assessment project, essentially bringing the parties back to the position they were in before this matter started. Each side would bear its own costs and attorney's fees in the lawsuit, except that if the plaintiff sues the County on any future assessment program for Willow Street within the next two years, the plaintiff could submit a claim for attorney's fees in this first case. In the meantime if the County Commission desires to proceed with the paving of Willow Street, the Public Works Department and the County Attorney's Office suggest an enlarged benefited area and different funding mechanism so that the project cost would be more affordable and more fairly apportioned. The following options are presented for the Board to consider: (1) Enter into a settlement of the federal lawsuit having the case dismissed with each party bearing its own costs and attorney's fees, subject to the one attorney fee proviso just mentioned, while the Public Works Department withdraws its special assessment program, releases all liens, and returns any escrowed funds; and direct staff to develop a better assessment program for the Board to consider. 53 September 24, 1996 i (2) Take no action until the lawsuit is over and proceed according to -the results of the lawsuit. (3) Proceed with paving the road at County expense intending to recoup the private share of the cost from the assessments if the lawsuit is successful. Chairman Adams advised that, in order to simplify the financing of this project, Public Works Director Jim Davis and County Attorney Vitunac feel that an MSTU will work out much better on this particular project, similar to what has been done in Vero Lake Estates. She also mentioned that the City of Fellsmere still wants to be out of it. County Attorney Vitunac believed that Fellsmere wouldibe out. of this concerning legal fees. Rusty Roberts (called Mr. "Reynolds" in the memo) explained the proviso and how it might be an amorphous possibility for the plaintiff to receive attorney fees. He reported that unfortunately, due to the luck of the draw, Judge Norman Rutger was assigned to this case and the Judge has no docket. Mr. Roberts has tried to get the case transferred to Indian River County for a more rapid resolution, but was not successful. He felt it was senseless to continue to wait for this judge, incur costs and legal fees, and not build the road. The Plaintiff and the City of Fellsmere have agreed to enter into an agreement to dismiss the lawsuit with prejudice, with each party bearing its own costs and attorney fees, except for the proviso (in the memorandum), and start over again. Commissioner Macht agreed with the proposal and hoped the Board never has another public hearing under the same circumstances. Attorney Bruce Barkett was present in the audience on behalf of his client -and indicated that he did not wish to make a comment. ON MOTION by Commissioner Macht, SECONDED by Commissioner Eggert, the Board unanimously approved Option #1, to enter into a settlement of the federal lawsuit having the case dismissed with each party bearing its own costs and attorney's fees, subject to the one attorney fee proviso mentioned in the memorandum, while the Public Works Department withdraws its special assessment program, releases all liens, and returns any escrowed funds; and directed staff to develop a better assessment program for the Board to consider, as recommended in the memorandum. 54 September 24, 1996e BOOK 9g F����13 BOOK 9 ?Aa 237 COMMENTS CONCERNING SEBASTIAN SCRUB LANDS Commissioner Macht advised that, based on communication with the Mayor of Sebastian on some events that transpired after last week's Board meeting, he would like to put an item on next week's agenda concerning our relationship with U.S. Fish and Wildlife and some recommendations on what to do about it. He will provide some backup before the meeting. He desired Board approval to put it on the next agenda. By CONSENSUS approval was granted. SOLID WASTE DISPOSAL DISTRICT The Chairman announced that immediately upon adjournment, the Board would convene as the Board of Commissioners of the Solid Waste Disposal District. Minutes are being prepared separately. SOLID WASTE DISPOSAL DISTRICT ADTUSTMENT BOARD The Chairman announced that the Board would be sitting as the Solid Waste Disposal District Adjustment Board following the regular Solid Waste Disposal District meeting. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 9:49 a.m. ATTEST: J.K. arton, Clerk Fran B. Adams, Chairman Minutes approved on 55 September 24, 1996