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Home My WebLink About1/12/1999MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA A G E N D -=A TUESDAY, JANUARY 12,1999 - 9:00 A.M. County Commission Chamber County Administration Building 1840 25th Street, Vero Beach, Florida 32960 COUNTY COMMISSIONERS Kenneth R Macht, Chairman (District 3) Fran B. Adams, Vice Chairman (District 1) Caroline D. Ginn, (District 5) Ruth Stanbridge (District 2 John W. Tippin, (District 4) James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to the Board 9:00 a.m. 1. CALL TO ORDER BACKUP PAGES 2. EWOCATION 3. PLEDGE OF ALLEGIANCE - Comm. Fran B. Adams 4. ADDITIONS to the AGENDA/EMERGENCY ITEMS 5. Proclamation - Fellsmere Frog Leg Festival Days 7.L Sheriffs Fuel System Retrofit 13.13. Comment Regarding Police Chases 5. PROCLAMATION and PRESENTATIONS None 6. APPROVAL OF NUNUTES A. Regular Meeting of December 15, 1998 B. Regular Meeting of December 22, 1998 7. CONSENT AGENDA A. Received & Placed on File in Office of Clerk to the Board: Report of Convictions, Dec., 1998 B. Approval of Warrants (memorandum dated December 31, 1998) 1-6 C. Indian River County Fleet Fueling Facility (memorandum dated January 5, 1999) 7-12 D. Approval for Commissioners to travel to Tallahassee to attend FAC 1999 Legislative Day Conference (memorandum dated January 5, 1999) E. Approval of out of county travel for Commissioner Macht and the County Attorney to attend the NACo 1999 Legislative Conference in Washington, D.C. (memorandum dated January 5, 1999) 13-14 15-16 BOOK PAGE 4 9:05 A.M. BOOK 108 PAGE 7. CONSENT AGENDA (cont'd )• BACKUP F. Approval of Computer Software Agreement with PAGES Perconti Data Systems, Inc. (memorandum dated January 4, 1999) 17-40 G. Properties North of County Administration Bldg. Lowell H. Wells, Lot 8, Block 5, Booker T. Washington (memorandum dated January 4, 1999) 41-42 H. Payments to Vendors of Court Related Costs (memorandum dated December 31, 1998) 43 I. A Resolution of the Board of County Commissioners of Indian River County, Florida, Directing County Depositories to Honor Certain Authorized Signatures on County Warrants and Other Orders for Payment 44-46 8. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None 9. PUBLIC ITEMS A. PUBLIC HEARINGS None B. PUBLIC DISCUSSION ITEMS None C. PUBLIC NOTICE ITEMS 1. Codification Ordinance - Scheduled for Public Hearing - January 26, 1999 (memorandum dated January 5, 1999) 2. TCI Cable System Ownership Change - Scheduled for Public Hearing - Jan. 19, 1999 (memorandum dated January 5, 1999) 47-49 50-52 3. Public Hearing Scheduled for Jan. 19, 1999: Board consideration and formal selection of categories for Community Development Block Grant applications (Legislative) (memorandum dated January 5, 1999) 53 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. Community Development None B. Emergency Services None C. General Services None BACKUP 11. DEPARTMENTAL MATTERS (cont'd.l^ PAGES D. Leisure Services None E. Office of Management and Budget None F. Personnel None G. Public Works Joint Participation Agreement with the Fla. Dept. of Transportation for: 1. Traffic Signal Installation at S.R. 60 & 74th Ave. 2. Median Revisions on SR 60 at Village Green West Estates and Indian River Estates (memorandum dated December 31, 1998) 54-65 H. Utilities Utility Chlorination System Improvements (memorandum dated January 5, 1999) 66-73 I. Human Services None 12. COUNTY ATTORNEY Settlement of Claim Against TransAmerican Environmental, Inc. (now GurrOmega, Inc.) (memorandum dated January 6, 1999) 74-76 13. COMMISSIONERS ITEMS A. Chairman Kenneth IL Macht B. Vice Chairman Fran B. Adams C. Commissioner Caroline D. Ginn Moratorium on LAAC purchases requested by the Town of Indian River Shores D. Commissioner Ruth Standbri ft E. Commissioner John W. TiRoin 14. SPECIAL DISTRICTSBOARDS A. Emergency Services District None 77-78 BoGK 108 FA,E 46 BOOK 10.8 PAGE 47 14. SPECIAL DISTRICTSBOARDS fcont'd 1• BACKUP B. Solid Waste Disposal District PAGES Annual Financial Responsibility Analysis (memorandum dated January 5, 1999) 79-84 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 i f meeting. Meeting may be broadcast live on TFI Cable Channel 13 - rebroadcast various times throughout the week Falcon Cable Channel 35 - rebroadcast Friday evening • • INDEX TO MINUTES BOARD OF COUNTY -COMMISSIONERS MEETING OF JANUARY 12, 1999 1. CALL TO ORDER ............................................... 1 2. INVOCATION .................................................. 1 3. PLEDGE OF ALLEGIANCE ....................................... 1 4. ADDITIONS TO THE AGENDA ................................... 1 5. PROCLAMATION - FROG LEG FESTIVAL DAYS - JANUARY 14-17, 1999 .............................................................. 2 6. APPROVAL OF MINUTES ........................................ 2 7. CONSENT AGENDA ............................................ 3 7.A. Reports .................................................. 3 7.B. Approval of Warrants ....................................... 3 7.C. Contract Agreement with Southern Petroleum Systems for Retrofit of Fleet Fueling Facility ............................................ 7 7.D. Travel to Tallahassee for Commissioners to Attend FAC 1999 Legislative Day Conference ............................................ 8 7.E. Travel to Washington, D.C. for NACo 1999 Legislative Conference for Chairman Kenneth R. Macht and County Attorney Charles P. Vitunac .. 8 7.F. Computer Software Agreement with Perconti Data Systems, Inc. ...... 9 7.G. Purchase Lot North of County Administration Building from Lowell H. Wells................................................... 11 7.H. Payments to Vendors of Court Related Costs ..................... 12 7.I. Resolution #99-002 - Authorized Signatures on County Warrants and Other Orders for Payment ........................................ 13 7.J. Contract Agreement with Southern Petroleum Systems for Retrofit of Sheriff's Fuel System ....................................... 16 9.C.1. PUBLIC NOTICE ITEM - ANNUAL CODIFICATION ORDINANCE - SCHEDULED FOR JANUARY 26, 1999 ............................ 16 9.C.2. PUBLIC NOTICE ITEM - TCI CABLE SYSTEM OWNERSHIP CHANGE - SCHEDULED FOR JANUARY 19, 1999 ............................ 17 9.C.3. PUBLIC NOTICE ITEM - COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATIONS FOR BOARD CONSIDERATION AND FORMAL SELECTION OF CATEGORIES (LEGISLATIVE) - SCHEDULED FOR JANUARY 19, 1999 ............................................ 18 1 BOOK 108 PAGE 4 BOOK 108 PAGE 49 11.G. RESOLUTION 99-003 - JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR (1) TRAFFIC SIGNAL INSTALLATION AT SR60 AND 74TH AVENUE AND (2) MEDIAN REVISIONS ON SR60 AT VILLAGE GREEN WEST ESTATES AND INDIAN RIVER ESTATES .............................................. 19 1 LH. CHLORINATION SYSTEM IMPROVEMENTS - CAMP DRESSER & McKEE - WORK AUTHORIZATION 5 ..................................... 21 12. SETTLEMENT OF CLAIM AGAINST TRANSAMERICA ENVIRONMENTAL, INC. (NOW GURROMEGA, INC . ................................. 22 B.B. VICE CHAIRMAN ADAMS - COMMENT REGARDING POLICE CHASES ............................................................. 23 B.C. COMMISSIONER GINN - TOWN OF INDIAN RIVER SHORES REQUEST TO PLACE A MORATORIUM ON LAAC PURCHASES .................. 24 14.B. SOLID WASTE DISPOSAL DISTRICT .............................. 27 0 Januaryl2, 1999 The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 1840 25' Street, Vero Beach, Florida, on Tuesday, January 12, 1999. Present were, Kenneth R. Macht, Chairman; Fran B. Adams, Vice Chairman; Caroline D. Ginn; Ruth Stanbridge: and John W. Tippin. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and Patricia Ridgely, Deputy Clerk. 1. CALL TO ORDER The Chairman called the meeting to order at 9:00 a.m. 2. INVOCATION Commissioner Tippin delivered the invocation. 3. PLEDGE OF ALLEGIANCE Vice Chairman Adams led the Pledge to the Flag. 4. ADDITIONS TO THE AGENDA Administrator Chandler requested the addition of item 7.J., Contract for Sheriff's Fuel System Retrofit. Vice Chairman Adams requested the addition of item 5., Proclamation for Frog Leg Festival Days and item 13.B., Comment Regarding Police Chase. ON MOTION by Vice Chairman Adams, SECONDED BY Commissioner Ginn, the Board unanimously added the above items to the agenda. JANUARY 12, 1999 1 600K ..08 ?AGE �� w BOOK 108 FAGS 5 5. PROCLAMATION - FROG LEG FESTIVAL DAYS - JANUARY 14-17,1999 Chairman Macht read the following and presented it to Fellsmere Mayor Bob Baker and "Festus" Frog: 6. PROCLAMATION' 5 FROG LEG ATWITVAL DAYS WHEREAS, do mW aanwl Fellstnme Fmg LAS Fes" will be hold on January 14 through January 17.1999; and WHEREAS, rids Festival sloweasm local cuhinaey skills meuldng in frog legs dot am unsurpassed; and WHEREAS, the fame of this Festival has reached beyond do bas I of the county and state; and WHEREAS, this Festival bas over the yams attracted thousands of vWtors ad tourists to the area; and WHEREAS, dwCiryofFellsmmehas bow dosigsatedatheFwSL SCapita] afdw World; and WHEREAS, it Is appropriate to recognize dth festival as a premIar event In Indian RiverCouot)r NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY. FLORIDA that the period of January 14 through January 17.1999 is designated as FELLSMERE FROG LEO FESTIVAL DAYS In Indian River Canty Adopted this 12 day of January,1999. BOARD OF COUNTY COMMISSIONERS INDIAN RPM COUNTY 00, 44R. Macht, Chairman APPROVAL OF MINUTES The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meetings of December 15 and 22, 1998. There were none. ON MOTION by Vice Chairman Adams, SECONDED BY Commissioner Ginn, the Board unanimously approved the Minutes of the Regular Meetings of December 15 and 22, 1998, as written and distributed. (Clerk's Note: The minutes of 12/15/98 had been approved at the prior meeting.) JANUARY 12, 1999 2 • 7. CONSENT AGENDA 7.A. Reports The following report has been received and placed on file in the office of the Clerk to the Board: Report of Convictions, December 1998 7.B. Approval of Warrants The Board reviewed a Memorandum of December 31, 1998: TO: HONORABLE BOARD OF COUNTY COMMISSIONERS DATE: DECEMBER 31, 1998 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 December 23 to December '�, 1998. ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Stanbridge, the Board unanimously approved the list of warrants issued by the Clerk to the Board for the period December 23-31, 1998, as requested. CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0019758 INDIAN RIVER FEDERAL CREDIT 1998-12-23 310.00 0019759 AMERICAN DENTAL PLAN (FLORIDA) 1998-12-29 1,765.52 0019760 FLORIDA COMBINED LIFE 1998-12-29 2,173.36 0019761 TEAMSTERS LOCAL UNION NO 769 1998-12-29 4,055.66 0019762 INDIAN RIVER COUNTY BOARD OF 1998-12-29 1,124.00 0254654 AIRBORNE EXPRESS 1998-12-30 7.25 0254656 APPLE INDUSTRIAL SUPPLY CO 1998-12-30 1,037.61 0254657 APPLE MACHINE & SUPPLY CO 1998-12-30 61.45 0254658 AT YOUR SERVICE 1998-12-30 1,489.34 0254660 AUTO SUPPLY CO OF VERO BEACH, 1998-12-30 414.21 0254664 AQUAGENIX LAND -WATER 1998-12-30 86.00 0254665 ALL POWER SERVICES 1.498-12-30 184.38 0254667 A T & T 1998-12-30 17.85 JANUARY 12, 1999 3 • BOOK 108 PAGE 52 BOOK 108 PAGE 53 CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0254669 AMBAC CONNECT INC 1998-12-30 11,362.00 0254674 A T & T 1998-12-30 94.84 0254680 AUTO PARTS OF VERO, INC 1998-12-30 1,216.27 0254687 ASSOCIATES LEASING, INC. 1998-12-30 14,620.32 0254689 B & B INDUSTRIAL SUPPLY 1998-12-30 821.20 0254692 BOARD OF COUNTY COMMISSIONERS 1998-12-30 8,212.64 0254695 BARTON, JEFFREY X -CLERK 1998-12-30 7,426.50 0254696 BERGGREN EQUIPMENT CO, INC 1998-12-30 535.58 0254699 BRAD SMITH ASSOCIATES, INC 1998-12-30 2,710.28 0254706 BILLING SERVICES INC 1998-12-30 279.15 0254707 BREVARD ORTHOPAEDIC CLINIC 1998-12-30 27.55 0254709 BELLSOUTH 1998-12-30 10,085.49 0254711 BEAZER HOMES, INC 1998-12-30 411.04 0254712 BELLSOUTH PUBLIC COMMUNICATION 1998-12-30 354.99 0254713 BASE CAMP OUTLET 1998-12-30 2,152.90 0254715 BLACKBURN, COLE 1998-12-30 97.85 0254716 BLACK DIAMOND 1998-12-30 143.50 0254718 BUTCHER, GREG 1998-12-30 212.38 0254719 BUREAU OF ALCOHOL AND 1998-12-30 25.00 0254720 BELLSOUTH 1998-12-30 711.47 0254721 BROWN & CALDWELL 1998-12-30 9,663.27 0254723 CAMP, DRESSER & MCXEE, INC 1998-12-30 36,008.00 0254724 CARTER ASSOCIATES, INC 1998-12-30 4,002.00 0254732 COMMUNICATIONS INT'L INC 1998-12-30 5,782.45 0254736 CLINIC PHARMACY 1998-12-30 190.12 0254741 COALITION FOR THE HOMELESS OF 1998-12-30 6,029.96 0254742 COOGAN, MAUREEN 1998-12-30 447.28 0254745 CUSTOM PUMPS AND 1998-12-30 21,435.00 0254748 CANTERBURY 1998-12-30 451.55 0254751 CENTER FOR EMOTIONAL AND 1998-12-30 681.50 0254753 CONSOLIDATED RESOURCE RECOVERY 1998-12-30 49,074.55 0254761 DELTA SUPPLY CO 1998-12-30 812.33 0254763 DICKERSON-FLORIDA, INC 1998-12-30 459,070.03 0254765 DOCTOR'S CLINIC 1998-12-30 785.40 0254767 DATA SUPPLIES, INC 1998-12-30 1,541.85 0254771 DOCTOR ROOF 1998-12-30 30.00 0254775 DIROCCO CONSTRUCTION 1998-12-30 500.00 0254776 DADE PAPER COMPANY 1998-12-30 696.95 0254780 DOWNTOWN PRODUCE INC 1998-12-30 184.60 0254781 DILLARD, CASSIE 1998-12-30 46.35 0254783 DICTAPHONE 1998-12-30 116.00 0254785 DAVIS, DAISY 1998-12-30 65.00 0254786 E -Z BREW COFFEE SERVICE, INC 1998-12-30 89.00 0254789 ELPEX, INC 1998-12-30 429.37 0254790 EDLUND & DRITENBAS 1998-12-30 3,237.90 0254793 ECOTECH CONSULTANTS, INC 1998-12-30 8,869.87 0254795 EXCHANGE CLUB CASTLE 1998-12-30 2,342.68 0254803 FLORIDA COCA-COLA BOTTLING CO 1998-12-30 423.50 0254804 FLORIDA POWER & LIGHT COMPANY 1998-12-30 21,081.82 0254806 FRASER ENGINEERING & TESTING 1998-12-30 185.00 0254807 FOOT -JOY DRAWER 1998-12-30 2,263.71 0254809 FLOWERS BARING COMPANY OF 1998-12-30 208.60 0254812 FALCON CABLE 1998-12-30 23.90 0254818 FLORIDA ANIMAL LEAGUE 1998-12-30 20.00 0254821 GATES, ROBERT 1998-12-30 335.00 0254822 GATOR LUMBER COMPANY 1998-12-30 668.56 0254823 GLIDDEN COMPANY, THE 1998-12-30 358.36 0254834 GS -EQUIPMENT INC 1998-12-30 _ 4,612.38 0254835 HARBOR BRANCH OCEANOGRAPH, INC 1998-12-30 61109.00 0254839 HOLIDAY BUILDERS, INC 1998-12-30 500.00 0254841 HILL MANUFACTURING 1998-12-30 738.49 JANUARY 12,1999 0 CHECK NAME CHECK CHECK NUMBER DATE _ AMOUNT 0254848 HANSON ENGINEERS, INC. 1998-12-30 4,_711.50 0254850 HASENQTER, KRIS - 1998-12-30 36.00 0254854 INDIAN RIVER COUNTY SOLID 1998-12-30 399.75 0254855 INDIAN RIVER COUNTY 1998-12-30 50.00 0254858 INDIAN RIVER BATTERY, INC 1998-12-30 774.70 0254859 INDIAN RIVER COUNTY UTILITY 1998-12-30 1,206.47 0254865 INSURANCE SERVICING & 1998-12-30 1,575.00 0254869 INDIAN RIVER SHORES POLICE 1998-12-30 25.00 0254876 JOHNSON, DAREN G 1998-12-30 500.00 0254878 J K INVESTMENT, USA INC 1998-12-30 201.00 0254886 LOWE'S HOME CENTERS, INC 1998-12-30 682.44 0254888 LIGHT SOURCE BUSINESS SYSTEMS 1998-12-30 1,050.58 0254894 LINDSEY GARDEN'S APARTMENTS 1998-12-30 360.00 0254898 MAXWELL PLUMBING, INC 1998-12-30 258.29 0254901 MORGAN AND EKLUND 1998-12-30 2,042.10 0254906 MR BOB PORTABLE TOILET 1998-12-30 76.12 0254907 MARC INDUSTRIES 1998-12-30 586.44 0254911 MUSTIN, HENRY OR 1998-12-30 145.41 0254917 NATIONAL PROPANE CORP 1998-12-30 10.50 0254921 NEELY, EMILY 1998-12-30 63.09 0254923 OFFICE PRODUCTS & SERVICE 1998-12-30 2,769.34 0254926 OLIVER, DOROTHY 1998-12-30 400.00 0254927 ORANGE COUNTY HOUSING AND 1998-12-30 570.00 0254932 POSTMASTER 1998-12-30 331.00 0254933 PROCTOR CONSTRUCTION 1998-12-30 500.00 0254934 PETTY CASH 1998-12-30 23.12 0254935 POSTMASTER 1998-12-30 334.00 0254936 PAVCO CONSTRUCTION, INC 1998-12-30 8,947.17 0254938 PORT PETROLEUM, INC 1998-12-30 1,224.81 0254940 PRESS JOURNAL 1998-12-30 184.50 0254944 PEEK TRAFFIC SYSTEMS, INC 1998-12-30 1,295.00 0254947 PRESS JOURNAL - SUBSCRIPTION 1998-12-30 117.00 0254948 PRESS JOURNAL/STUART NEWS 1998-12-30 509.52 0254950 PIONEER SCREEN 1998-12-30 15.00 0254959 ROACH, BECKY 1998-12-30 212.38 0254960 ROSELAND VOLUNTEER FIRE DEPT 1998-12-30 13.00 0254962 RUSSELL CONCRETE, INC 1998-12-30 1,817.37 0254963 RUSSO PRINTING, INC 1998-12-30 426.30 0254967 RUBBER STAMP EXPRESS & MORE 1998-12-30 122.96 0254969 RAWLEY, LINZEY 1998-12-30 30.90 0254971 RSR 1998-12-30 43.23 0254973 ROYAL CUP COFFEE 1998-12-30 104.40 0254974 SAFETY KLEEN CORP 1998-12-30 439.00 0254977 SEBASTIAN VOLUNTEER FIRE DEPT 1998-12-30 37.00 0254986 ST LUCIE PAPER & PACKAGING,INC 1998-12-30 2,188.41 0254990 SUN TELEPHONE, INC 1998-12-30 60.00 0254992 SHAW, MARK 1998-12-30 99.02 0254993 SHADY OAK ANIMAL CLINIC 1998-12-30 151.00 0254999 STANSEL, CRESTIAL E 1998-12-30 30.00 0255000 SEBASTIAN RIVER HIGH SCHOOL 1998-12-30 100.00 0255003 SMITH ENVIROMENTAL SERVICES 1998-12-30 9,620.00 0255006 SUNET DIRECT 1998-12-30 1,574.40 0255008 SAFETY PRODUCTS INC 1998-12-30 3,855.00 0255011 SOUTHERN INSTRUMENTS 1998-12-30 296.34 0255012 SHIELDS, VANESSA 1998-12-30 60.51 0255017 SAMARITAN CENTER 1998-12-30 6,716.66 0255018 STEAK'N SHAKE INC 1998-12-30 500.00 0255020 TITLEIST DRAWER 1998-12-30 1,798.36 0255029 3COM CORP PARTS 1998-12-30 45.00 0255033 U S ARMY ENGINEER WATERWAYS 1998-12-30 22,626.00 0255036 VELDE FORD, INC 1998-12-30 2,119.19 JANUARY 12, 1999 E BOOK 108 PAGE BOOK 108 PAGE 55 CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0255037 VERO BEACH, CITY OF 1998-12-30 14,338.97 0255038 VERO LAWNMOWER CENTER, INC 1998-12-30 300.06 0255039 VERO BEACH POLICE DEPARTMENT 1998-12-30 150.00 0255040 VERO BEARING & BOLT 1998-12-30 493.49 0255041 VOLUNTEER ACTION CENTER 1998-12-30 150.00 0255042 VERO VACUUM 1998-12-30 14.90 0255043 VERO BEACH POWERTRAIN 1998-12-30 498.00 0255044 VERO BEACH, CITY OF 1998-12-30 496.27 0255046 VICKERS, REGINALD 1998-12-30 135.00 0255048 WOLSTENHOLME, SHIRLEY 1998-12-30 6.00 0255049 WORLD ALMANAC EDUCATION 1998-12-30 19.25 0255050 WRIGHT, DOUGLAS M 1998-12-30 80.95 0255051 W W GRAINGER, INC 1998-12-30 582.25 0255052 WILLHOFF, PATSY 1998-12-30 364.00 0255053 WILLIAM THIES & SONS, INC 1998-12-30 330.00 0255054 WILSON GOLF DIVISION 1998-12-30 1,376.64 0255055 WILLIAMS, BETTY R, RN 1998-12-30 110.00 0255056 WHEELER PUBLISHING, INC 1998-12-30 139.99 0255057 WATERWORKS CAR WASH 1998-12-30 104.50 0255058 WALKER, KEITH 1998-12-30 60.00 0255059 WHITESIDE PARTS & SERVICE INC 1998-12-30 37.60 0255060 WOLFE, MEGAN 1998-12-30 64.38 0255061 WALGREENS PHARMACY 1998-12-30 138.94 0255062 WORLDCOM 1998-12-30 76.92 0255063 WEST GROUP PAYMENT CTR 1998-12-30 2,133.19 0255064 WOLFE, ERIN 1998-12-30 64.38 0255065 WEISS GROUP, THE 1998-12-30 368.95 0255066 WILLIAMS, JUSTIN 1998-12-30 275.00 0255067 WHITACRE, W SCOTT, PSY D 1998-12-30 525.00 0255068 WHITE, JEFF 1998-12-30 25.00 0255069 XEROX CORPORATION 1998-12-30 200.00 0255070 YOUNG, LEON 1998-12-30 6.00 0255071 YOUTH VOLUNTEER CORPS 1998-12-30 4,548.97 0255072 ZEE MEDICAL SERVICE 1998-12-30 82.38 0255077 TRIMBLE, PATRICK 1998-12-30 52.51 0255078 DI ROCCO, FREDERICK 1998-12-30 75.65 0255079 CAL BUILDERS INC 1998-12-30 8.17 0255080 R ZORC & SONS BUILDERS INC 1998-12-30 89.04 0255081 CROOM CONSTRUCTION CO 1998-12-30 16.10 0255082 GROVE ISLE OF VERO PRTNRS 1998-12-30 1,827.50 0255083 CYPRESS GREEN APTS 1998-12-30 5.30 0255084 PROCTOR CONSTRUCTION CO, INC 1998-12-30 128.23 0255085 JENNINGS, LESSIE 1998-12-30 55.25 0255086 HALL, VERNON E 1998-12-30 54.83 0255087 HOLIDAY BUILDERS 1998-12-30 82.93 0255088 DUPREE, CARRIE 1998-12-30 25.12 0255089 ORCHID ISLAND PROPERTIES, INC 1998-12-30 26.72 0255090 SHAVER, DOROTHY 1998-12-30 91.23 0255091 MR PETS 1998-12-30 109.50 0255092 FORREST, GARRY W 1998-12-30 45.14 0255093 NAGY JR, JULIUS G 1998-12-30 78.05 0255094 SWANSON, LAWRENCE 1998-12-30 47.06 0255095 KALE, THOMAS A 1998-12-30 40.58 0255096 MARTIN, ROBERT H 1998-12-30 49.50 0255097 FARKAS, FAITH 1998-12-30 33.57 0255098 MGB CONSTRUCTION INC 1998-12-30 144.07 0255099 MAHER, AVERIL M 1998-12-30 75.25 0255100 MULLINAX, JILL R 1998-12-30 - 32.62 0255101 HOLIDAY BUILDERS 1998-12-30 64.42 0255102 PEMBROKE COURT LIMITED PRTNRSH 1998-12-30 37.75 0255103 GOLLNICK, LINDSEY 1998-12-30 50.28 JANUARY 12, 1999 51 • CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0255104 LUCAS, PAUL & LISA 1998-12-30 41.70 0255105 DIFIORE, JOHN O 1998-12-30 38.41 0255106 STEINBERG, ERIC K 1998-12-30 18.29 0255107 WILLMOT, DAVID 1998-12-30 9.01 0255108 VANCOTTHEM, LUIS 1998-12-30 20.21 0255109 BLACKWELL, JON B 1998-12-30 51.65 0255110 NIED, PAUL J 1998-12-30 58.62 0255111 SCHIFFER, GLORIA M 1998-12-30 136.45 0255112 ENGLE, SCOTT C 1998-12-30 23.63 0255113 MURPHY, EDWARD & MARY 1998-12-30 51.09 0255114 PRYOR, MARCUS 1998-12-30 24.71 0255115 CLARK JR, CHARLES B 1998-12-30 38.38 0255116 SHARP, DARLENE 1998-12-30 40.14 0255117 HAMLIN, SHANNON 1998-12-30 39.91 0255118 HUTCHINS, DEBBY 1998-12-30 5.53 0255119 HOWDER, TODD J 1998-12-30 70.64 0255120 STARCK, JON N 1998-12-30 20.56 0255121 CAROL FENNELL 1998-12-30 1,619.28 845,351.75 7.C. Contract Agreement with Southern Petroleum Systems for Retrofit of Fleet Fueling Facility The Board reviewed a Memorandum of January 5, 1999: To: 'Board of County Commissioners From: Alice E. White, Executive Aide Date: January 5, 1999 Subject: Indian River County Fleet Fueling Facility Please authorize the Chairman to sign the Project ProposaVAgreement for the Indian River County Fleet Fueling Facility. The Board approved the Bid on December 1, 1998, but the agreement was not part of the agenda packet. This document was supposed to be submitted before the end of 1998. ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Stanbridge, the Board unanimously approved and authorized the Chairman to sign the agreement with Southern Petroleum Systems for the retrofit of the Indian River County fleet fueling facility, as requested. JANUARY 12, 1999 COPY OF AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO TBE BOARD 7 0 BOOK 108 PAGE 51 7.D. Travel to Tallahassee for Commissioners to Attend FAC 1999 Legislative Day Conference The Board reviewed a Memorandum of January 5, 1999: To: Board of County Commissioners From: Alice E. White, Executive Aide Date: January 5, 1999 Subject: Approval for Commissioners to travel to Tallahassee to attend FAC 1999 Legislative Day Conference Please approve out of County travel for (4) Commissioners to travel to Tallahassee on March 24, 1999 to attend the FAC 1999 Legislative Day Conference. ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Stanbridge, the Board unanimously approved out of county travel for four commissioners on March 24, 1999 to attend the FAC 1999 Legislative Day Conference in Tallahassee, as requested. 7.E. Travel to Washington. D.C. ,for NACo 1999 Legis�'ve Conference for Chairman Kenneth R. Macht and County Attorney Charles A Vitunac The Board reviewed a Memorandum of January 5, 1999: To: _ Board of County Commissioners From: Alice E. White, Executive Aide Date: January 5, 1999 Subject: Approval of out of county travel for Commissioner Macht and the County Attorney to attend the NACo 1999 Legislative Conference in Washington, D.C. Please approve out of county travel for Commissioner Macht and the County Attorney to attend the NACo 1999 Legislative Conference in Washington, D.C. on February 26 - March 2, 1999. JANUARY 12, 1999 8 • ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Stanbridge, the Board unanimously approved out of county travel for Chairman Macht and County Attorney Vitunac to attend the NACo 1999 Legislative Conference in Washington, D.C. on February 26 - March 2, 1999, as requested. 7.F. ComputerSoftwareAgreenieiztwitlt PercontiDataSvstems:Ing The Board reviewed a Memorandum of January 4, 1999: TO: James E. Chandler County Administrator FROM: Robert M. Keating, AICP K'.4 K Community Development Director DATE: - January 4, 1999 SUBJECT: Approval of Computer Software Agreement with Perconti Data Systems, Inc. It is requested that the information presented herein be given formal consideration by the Board of County Commissioners at its regular meeting of January 12, 1999. DESCRIPTION AND CONDITIONS: In 1990, the County contracted with Tindale -Oliver and Associates, Inc. to develop a building permitting/development review/concurrency management computer software program for the community development department. Shortly after system installation, Perconti Data Systems, Inc. (Tindale-Oliver's sub -consultant on the project) obtained exclusive rights to the referenced software (now known as CD -Plus). Since then, Perconti Data Systems, Inc. has provided system support to the County. As designed, the CD -Plus system operates on the community development department's pc -based local area network. Currently, CD -Plus is a DOS program using Advanced Revelation (AREV) as its basic software. In the almost nine years since the County obtained the CD -Plus system, the community development department's computer environment has changed significantly. The network's topology has changed from ARCNET to ETHERNET; cabling has changed from co -ax to twisted -pair; individual workstation operating systems have changed from DOS to Windows; and the network's operating system is planned to be changed from Novell to Windows NT. JANUARY 12, 1999 9 BOOK 108 PACE 58 BOOK 108 RGE Along with changes to the community development department's computer system, CD -Plus is changing. Perconti Data Systems, Inc. is re -writing CD -Plus in a Windows based software. This new version of CD -Plus will be compatible with the department's overall computer system. Both the DOS based and Windows based versions of CD -Plus are year 2000 compliant. The cost of the new Windows-based CD -Plus system is $122,500. This amount is incorporated in the community development department's FY 98-99 budget. Part of the funds are in the county planning budget, while the remainder are in the building division's budget. In order to obtain the new Windows version of CD -Plus, the county must execute three agreements with Perconti Data Systems, Inc. These are: • a Software Consulting/Development Agreement 0 an End User Agreement • a Maintenance and Support Agreement The first two agreements relate to the purchase and use of the new CD -Plus system. As indicated in Exhibit A to both agreements, the County will receive a $45,000 credit for its existing CD -Plus license, reducing the cost of the new CD -Plus software from $160,000 to $122,500. The third agreement is a maintenance and support contract. This essentially is a continuation of the maintenance agreement which the county has for the current CD -Plus program. The $7,500 annual maintenance cost referenced in the agreement is budgeted for the current year. A copy of each agreement is attached. ANALYSIS: Since its installation, the CD -Plus system has worked well, and Perconti Data Systems, Inc. has been responsive in providing system support, maintenance, and upgrades. Regardless, the new CD -Plus version is needed for two reasons. The first is that the new version is necessary to operate efficiently in the community development department's changing network environment. The second reason is that Perconti Data Systems, Inc. will no longer provide support for the current DOS-based version of CD -Plus. Despite the adequacy of CD -Plus, staff considered alternatives. None were found that provided the performance of CD -Plus, were widely used in Florida, and would be less costly. In fact, many local governments in Florida have acquired CD -Plus since Indian River County first contracted for the program in 1990. These local governments also appear to be satisfied with CD -Plus. The attached agreements have been reviewed by community development, budget, and attorney's staff. All recommend Board approval of the agreements. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve and authorize the chairman to execute the attached agreements with Perconti Data Systems, Inc. JANUARY 12, 1999 10 • ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Stanbridge, the Board unanimously approved and authorized the Chairman to execute the agreements (Maintenance and Support and Software Consulting/Development) with Perconti Data Systems, Inc., as recommended in the Memorandum. SOFTWARE CONSULTING/DEVELOPMENT AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO TBE BOARD 7.G. Purchase Lot North of County Administration Building from Lowell H. Wells The Board reviewed a Memorandum of January 4, 1999: Date: January 4, 1999 To: Honorable Board of County Commissioners Thru: James E. Chandler Courcy Administrator From: Ellen Hayd Departmenvoif General Services Subject: Properties North of County Administration Building Lowell H. Wells, Lot 8, Block 5, Booker T. Washington BACKGROUND: On December 11, 1998, this department was contacted by David F. Albrecht, Attorney that another lot has become available for purchase. His client Lowell H. Wells owns lot 8, next to the recent County purchase of Lots 9 and 10, Booker T. Washington Subdivision, which was owned by the Estate of Mattie Wright. ANALYSIS: We have been purchasing these properties, as they become available, to increase Purchasing's need for additional storage and to expand our secured parking for County owned vehicles. With acquisition of this lot, there will only be one and one-half lots in this area that do not belong to the County. RECOMMENDATION: Staff recommends Board approval to purchase the subject property at a price of $18,500 and pay for recording and documentary stamps and authorize the Chairman to execute all applicable documents. JANUARY 12, 1999 11 Boor 108 PnE 60 BOOK ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Stanbridge, the Board unanimously approved the purchase of the subject property at a price of $18,500 and pay for recording and documentary stamps and authorized the Chairman to execute all applicable documents, as recommended in the Memorandum. CONTRACT IS ON FILE IN TBE OFFICE OF THE CLERK TO THE BOARD 7.H. Payments to Vendors of Court Related Costs The Board reviewed a Memorandum of December 31, 1998: TO: Board of County Commissioners FROM: Terrence P. O'Brien, Assistant County Attorney " 9 - DATE: December 31, 1998 SUBJECT: Payments to Vendors of Court Related Costs 108 FACE 61 The Office of the County Attorney has processed and approved payment to the following vendors for December 18 through December 31, 1998. Listed below are the vendors names and the amount of each court related costs. Cindy R. Palmer Indian River Memorial Hospital Medial Record Research Edward J. Abare, III Forensic Accident Investigate Quality Copy Acquisition Corp SunTrust Bank Patricia Key Swope Reconstruction Lenora J. Mergler Celeste L. Hartsfield Peter Jorgensen, Esq. Ryan L. Butler, Esq. Pegasus Travel Medical Record Services, Inc. Winn Dixie Linda R. Phillips Edward J. Abare, III, Esq. Linda R. Phillips Linda R. Phillips Medical Record Services, Inc. Patricia B. Held Ralph Mora, Ph. D. Patricia B. Held Wayne R. McDonough, P.A. Medical Record Services, Inc. Medical Record Services, Inc. Shirley E. Corbin JANUARY 12, 1999 Mileage 3.48 Copies 49.00 Record Research 15.78 Witness Reimbursement 60.42 Expert Witness 3,250.00 Record Research 17.97 Record Research 424.10 Transcription 1,552.50 Expert Witness 1,757.10 Transcription 115.50 Transcription 59.50 Legal Services 253.00 Witness Reimbursement 157.82 Witness Reimbursement 148.00 Record Research 127.00 Photo Enlargements 19.98 Transcription 28.00 Mileage 8.70 Transcription 126.00 Transcription 185.50 Record Research 19.01 Transcription 63.00 Clinical Evaluation 500.00 Transcription 196.00 Legal Services 510.25 Record Research - 79.00 Record Research 8.55 Transcription 80.50 12 • Floyd F. Evans Patricia B. Held Katharine R. Hammond, Esq. Katharine R. Hammond, Esq. Bruce J. Smith, Esq. Total Interpreter Transcription Legal Services Legal Services Legal Services NO ACTION REQUIRED OR TAKEN. 12.50 73.50 2,337.66 - 1,752.75 620.57 $14,612.64 U Resolution #99-002-Autliorized Signatures on County Warrants and Other Orders for Payment The Board reviewed the proposed resolution. ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Stanbridge, the Board unanimously adopted Resolution No. 99-002 directing County depositories to honor certain authorized signatures on County warrants and other orders for payment. RESOLUTION NO. 99- 02 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DIRECTING COUNTY DEPOSITORIES TO HONOR CERTAIN AUTHORIZED SIGNATURES ON COUNTY WARRANTS AND OTHER ORDERS FOR PAYMENT. WHEREAS, the Board of County Commissioners of Indian River County on January 5, 1999, held an election for the offices of Chairman and Vice Chairman of the Board of County Commissioners; and WHEREAS, the County Commission did nominate and select as Chairman Kenneth R. Macht, and as Vice Chairman Fran B. Adams; and WHEREAS, Jeffrey K. Barton was elected Clerk of the Circuit Court of Indian River County effective December 31, 1988, also serves as a Clerk to the Board of County Commissioners, pursuant to Section 125.167, Florida Statutes; and WHEREAS, it is now necessary to reinstruct the County's depositories as to the signatures necessary to honor County warrants, checks, or other orders for the payment of money drawn in the Commission's name, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. The County Commission has in the past designated certain institutions as official depositories of County funds, and such designations are hereby ratified and affirmed. JANUARY 12, 1999 13 BOOK 108 PAGE • Ml IrI�q BOOK 108 PAGE 63 2. Each designated depository of the Commission is hereby requested, authorized, and directed to honor checks, warrants, or other orders for payment of money drawn in the Commission's name, including those payable to the individual orders of any person or persons whose name or names appear thereon, when bearing the facsimile signature of the Clerk of the Circuit Court, when said check, warrants, or other orders for the payment of money equals or does not exceed the sum of three thousand dollars ($3,000). 3. If a check, warrant, or other orders for the payment ' of money drawn in the Commission's name exceeds the sum of three thousand dollars ($3,000), said designated depositories are authorized and directed to honor checks, warrants, or other orders for payment of money drawn in the Commission's name, only when such check, warrant, or other orders for payment of money bears the facsimile signature of the Chairman and Clerk of the Circuit Court and further bears the original signature of either the Chairman, Vice Chairman, Clerk of the Circuit Court, or Deputy Clerk, listed below. Said actual and facsimile signatures appear below: Jeffrey K. Barton, Clerk -of Clrcuit Caurt Facsimile Cynthia Gaff aeClerk i �ii��'/.' Mary Louise Scheidt Deputy Clerk Actual Kenneth R. Macht Fran B. Adams Vice Chairman � 04tlC3 AA Actual , -9- a - B acaam.ln Facsimile BE IT FURTHER RESOLVED that the above named signatories are hereby authorized to execute any and all signature cards and agreements as requested by the respective banking institutions designated as official depositories by the Board of County Commissioners of Indian River County; and BE IT FURTHER RESOLVED that the use of facsimile signatures is as authorized by Section 116.34, Florida Statutes, the "Uniform Facsimile Signature of Public Officials Act." JANUARY 12, 1999 14 • • The resolution was moved to adoption by Commissioner G i n n and the motion was seconded by Commissioner Stanbridge , and, upon being put to a vote, the vote was as follows: Chairman Kenneth R. Macht Aye Vice Chairman Fran B. Adams Aye Commissioner John W. Tippin Aye Commissioner Caroline D. Ginn Aye Commissioner Ruth M. Stanbridge Aye The Chairman thereupon declared the resolution duly passed and adopted this 12th day of January, 1999. Attest: Barton, JANUARY 12, 1999 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By _/A�o Kenneth R. Ma6ht, Chairman 15 loth fiver C"Xpfrove'Dal; Admin.47ht baot 108 Pnot 64 600K 108 PAGE 6 7.J. Contract Agreement with Southern Petroleum Systems for Retrofit of She s Fuel Ssy tem The Board reviewed a Memorandum of January 7, 1999: TO: James E. Chandler, County Administrator FROM: Lynn Williams, Superintendent of Buildin s rnds DATE: January 7, 1999 SUBJECT: Sheriff's Fuel System Retrofit On December 22, 1998, the Board authorized staff to negotiate a contract not to exceed $88,000 with Southern Petroleum Systems for retrofit of Indian River County Sheriff's Fuel Station. The enclosed agreement contains the same terms and conditions as the Public Works Fuel System Agreement (January 12, 1999 Agenda Item #7C). The scope of work and pricing are specific to the Sheriff's project. I would request that the enclosed Agreement be added to the Agenda and considered concurrently for authorization for the Chairman to execute. ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Stanbridge, the Board unanimously authorized the Chairman to sign the agreement with Southern Petroleum Systems for the retrofit of Indian River County Sheriff's Fuel Station at a cost not -to -exceed $88,000, as requested in the Memorandum. AGREEMENT IS ON FILE IN THE OFFICE OF TBE CLERK TO THE BOARD 9.C.1. PUBLIC NOTICE ITEM - ANNUAL CODIFICATION ORDINANCE - SCHEDULED FOR JANUARY 26, 1999 The Board reviewed a Memorandum of January 5, 1999 and the Chairman read the title and date aloud: JANUARY 12, 1999 IR TO: Board of County Commissioners FROM: Terrence P. O'Brien, Assistant County Attorney DATE: January 5, 1999 RE: Codificaiton Ordinance - Notification of Public Hearing This is to provide notice that on Tuesday, January 26, 1999 a public hearing should be held codifying all ordinances which have been published in the Indian River County Code. This is done on an annual basis pursuant to Florida Statute Section 125.68. An ordinance concerning the referenced matter has been prepared and is attached. NO ACTION REQUIRED OR TAKEN. 9.C.2. PUBLIC NOTICE ITEM - TCI CABLE SYSTEM OWNERSHIP CHANGE - SCHEDULED FOR JANUARY 19. 1999 The Board reviewed a Memorandum of January 5, 1999 and the Chairman read the title and date aloud: Date: January 5, 199It q To: Honorable Board of County Commissioners Through: James E Chandler County Administrator From: Terry L. Smith, Telecommunications Manager Department of General Services -7.9 Subject: TCI Cable System Ownership Change A public hearing is being advertised for the January 19, 1999 meeting of the Board of County Commissioners for the consideration of the request to transfer the local CATV system and franchise from TCI to MediaOne as part of a nationwide consolidation effort by the large CATV companies. A copy of the resolution that is scheduled for consideration at the January 19 meeting is attached. Backup documentation on the proposed transfer will be on file in the Commission office. NO ACTION REQUIRED OR TAKEN. JANUARY 12,1999 17 BOOK 108 F,1GE 66 r BOOK x.08 PAGE 67 1 9.C.3. PUBLIC NOTICE ITEM - COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATIONS FOR BOARD CONSIDERATION AND FORMAL SELECTION OF CATEGORIES (LEGISLATIVE)- SCHEDULED FOR JANUARY 19. 1999 The Board reviewed a Memorandum of January 5, 1999 and the Chairman read the title and date aloud: TO: James E. Chandler County Administrator DIVISION HEAD CONCURRENCE: Obert M. Keating, AI 'P ,. Community Development Dir or THROUGH: Sasan Rohani, AICP S -/?. Chief, Long -Range Planning FROM: Peter J. Radke K Economic Development Planner DATE: January 5, 1999 SUBJECT: Notice of Scheduled Public Hearing. It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of January 12, 1999. Please be advised that the following public hearing has been scheduled for Board consideration: Board consideration and formal selection of categories for Community Development Block Grant (CDBG) applications (Legislative). The above referenced public hearing date is provided for the Board of County Commissioners information. No action is needed. NO ACTION REQUIRED OR TAKEN. JANUARY 12, 1999 18 11.G. RESOLUTION 99-003 - 10INT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR (1) TRAFFIC SIGNAL INSTALLATION AT SR60 AND 74TH AVENUE AND (2) MEDIAN REVISIONS ON SR60 AT VILLAGE GREEN WEST ESTATES AND INDIAN RIVER ESTATES The Board reviewed a Memorandum of December 31, 1998: oe=oaaaaa�e�aaoaa�aeaaaaaaaaaaaaaa�aaaa�aaaaaaaaaaaaaaaanaaa�aaoa TO: James E. Chandler County Administrator THRU: James W. Davis, P. E. Public Works Director FROM: Christopher R. Mora, P.E. C 11 County Traffic Engineer SUBJECT: Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for: 1. Traffic Signal Installation at S.R. 60 & 74th Avenue 2. Median Revisions on S.R. 60 at Village Green West Estates and Indian River Estates DATE: December 31, 1998 a�oao��aaaaaaoaaaa=aaaaaaanaaaaaaaaaaaaaaaaaaaaaaaaaaaQaeaaaaaaaa DESCRIPTION AND CONDITIONS The FDOT has prepared a joint participation agreement (JPA), between the FDOT and Indian River County, to allow the County to install a traffic signal at the intersection of S.R. 60 and 74th Avenue. The JPA provides for the following: 1. The FDOT shall fund the project's estimated $150,000 cost. 2. The County shall design and install the traffic signal and associated median revisions. If the project cost exceeds $200,000, the County shall pay the overage. ALTERNATIVES AND ANALYSIS The attached JPA is a standard agreement similar to many agreements the County has executed in the past. The alternatives are as follows: Alternative No. 1 Approve the JPA and authorize the BCC Chairman's signature. Alternative No. 2 Deny approval of the JPA and cancel the project. RECOMMENDATIONS AND FUNDING Staff recommends Alternative No. 1 - approval of the JPA. There is no funding impact generated by this project. ATTACHMENT Five (5) copies of JPA. JANUARY 12, 1999 19 na fwct 88 BOOK 108 PAGE 69 ON MOTION by Vice Chairman Adams, SECONDED BY Commissioner Ginn, the Board unanimously adopted Resolution No. 99-003 approving a Joint Participation Agreement with the Florida Department of Transportation for a new traffic signal at State Road 60 and 74' Avenue with associated median revisions. RESOLUTION NO. 99-03 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING A JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR A NEW TRAFFIC SIGNAL AT STATE ROAD 60 AND 74TH AVENUE WITH ASSOCIATED MEDIAN REVISIONS. WHEREAS, the Florida Department of Transportation and Indian River County are desirous of making signal improvements at the intersection of State Road 60 and 74th Avenue and associated median revisions, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Joint Participation Agreement between the State of Florida Department of Transportation and Indian River County identified as FM No. 403690/1/54/01 is hereby approved and the Chairman is authorized to execute some. The foregoing resolution was offered by Commissioner Adams and seconded by Commissioner Ginn and, upon being put to a vote, the vote was as follows: Kenneth R. Macht, Chairman Aye Fran B. Adams, Vice Chairman Aye Caroline D. Ginn Aye John W. Tippin Aye Ruth M. Stanbridge Aye The Chairman thereupon declared the resolution duly passed and adopted this 12th day of January, 1999. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: ATTEST: ,Ch nneth R. Mach airman r ru Fam c ay An -"d Hare vAdwMdtradoa 6 COPY OF PARTIALLY EXECUTED AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD JANUARY 12, 1999 20 92W 7.0i] H.H. CHLORINATION SYSTEM IMPROVEMENTS - CAMP DRESSER & McKEE - WORK AUTHORIZATION 5 The Board reviewed a Memorandum of January 5 1999: DATE: January 5, 1999 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: DONALD R. HUBBS, P.E. DIRECTOR OF UTILITY I PREPARED AND GENE A. RAUTH 6)1,g STAFFED BY: OPERATIONS MANAGER SUBJECT: UTILITY CHLORINATION SYSTEM IMPROVEMENTS On December 22, 1998, the Board of County Commissioners approved an agenda item for the above -referenced subject. During that meeting the Board approved staffs recommendation to fast-track the Risk Management Plan development, returning to the Board with the appropriate work authorizations and agreements. (Please see copy of agenda item). At this time, we are before the Board to request approval of Work Authorization No. 5 with Camp, Dresser and McKee, Inc., in the upper limit amount of $5,560.00 to assist in the preparation of risk management plans and prevention programs. These programs will be prepared for all facilities, as required by EPA and are due by no later than June 21, 1999. The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the attached Work Authorization No. 5 with Camp, Dresser and McKee, Inc., in the amount of $5,560.00 as presented. ON MOTION by Commissioner Ginn, SECONDED BY Vice Chairman Adams, the Board unanimously approved Work Authorization No. 5 with Camp, Dresser and McKee, Inc., in the amount of $5,560 as presented, as recommended in the Memorandum. JANUARY 12, 1999 WORK AUTHORIZATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 21 BOOK 108 Pku'E 70 BOOK 108 PAGE 71. 12. SETTLEMENT OF CLAIM AGAINST TRANSAMERICA ENVIRONMENTAL. INC. (NOW GURROMEGA, INC. The Board reviewed a Letter of January 5, 1999 and a Memorandum of January 6, 1999: K93TH SHORT R09ERr L KEMMAND' J. EDOMW M64C,irR 'EMKO C6ATINE0CML TAUL LAW TPA$ 60AAD of LewL:.ccuurAy W" SHORT & KETcHAND, LLP. ATMRNM 11 ME04MV PUVA $UrM 1520 HMSM. TEXAS rm" January 5, 1999 via cad led mail, reWrn receipt requested Terrence P. O'Brien, Esq. Assistant County Attorney 1840 25th Street Vero Beach, Florida 32960 RE: Indian River County Fleet Management, DEP I.D. No. 319203006 Dear Mr. O'Brien: TELEPHONE 713-960.1996 FACWMILF. 713-950-1517 TransAmerican Environmental, Inc. accepts your offer to settle the outstanding issues between Indian River County and TransAmerican Environmental for the sum of THIRTY-ONE THOUSAND AND NO/100 DOLLARS ($31,000.00) as full and final performance of TransAmerican's obligations pursuant to the letter agreement executed by and between the parties e$ective February 6, 1996 as modified by your September 18, 1998 letter. I am prepared to immediately remit this sum to Indian River County once this has been approved by the County's governing body. Please feel free to contact me should you have anv questions. Thank you for your work in this matter. Enclosures c: 1. David Green, Esq. JANUARY 12, 1999 Very truly yours, J. Edward Menge 22 4P 0 • TO: The Board of County Commissioners THROUGH: James E. Chandler - County Administrator FROM: James W. Davis, P.E. - Public Works Director, DATE: January 6, 1999 SUBJECT: Settlement of Claim Against Transamerica Environmental, Inc. (now GurrOmega, Inc.) In the early 1990s the County contracted with Transamerica Environmental, Inc. ("TEI") to perform underground fuel tank cleanup at the Road and Bridge Division. Early in the contract, the County paid the consultant directly for services. As the project proceeded, TEI proposed that billing would be directly to the State of Florida under the underground fuel tank cleanup program, and the County would not be billed directly. The Board approved this concept and staff inserted language in the contract that previous County costs would be included in TEI's reimbursement application to the State. When the project was finished, TEI failed to include County's costs and, up until this point, the County has received no reimbursement for the early contract costs. In the last five years staff has been trying to resolve this issue and the current settlement proposal is recommended to recoup County costs. MOTION WAS MADE by Vice Chairman Adams, SECONDED BY Commissioner Ginn, to settle the claim against TransAmerican Environmental, Inc. (now GurrOmega, Inc.) as set out in the Memorandum and Letter above. Under discussion, Vice Chairman Adams congratulated staff on their persistence in this matter. The Chairman CALLED THE QUESTION and the motion carried unanimously. 13.B. VICE CHAIRMAN ADAMS - COMMENT REGARDING POLICE CHASES Vice Chairman Adams commended the Marine Patrol and the Fellsmere Police Department for not pursuing a chase last night when they had the opportunity. She felt they needed to be praised for their restraint and tremendous discipline to avoid any tragedy. Chairman Macht agreed. NO ACTION REQUIRED OR TAKEN. JANUARY 12, 1999 23 • BOOK 108 PAGE 72 BOOK J08 PAGE 7 B.C. COMMISSIONER GINN - TOWN OF INDIAN RIVER SHORES REQUEST TO PLACE A MORATORIUM ON LAAC PURCHASES The Board reviewed a Letter of December 22, 1998: �OAYOR BARBANA , -%X-%W'4 VICE MAYOR . OLI5 c SUCK ZOUNCIL ROBERT J IESM£ WILLIAM A MCNAMEE CNARLES C WURMSTEOT TOWN MANAGER: VIRG~ - GILBERT TOWN OF INDIAN RIVER SHORES 6001 NORTH A -1-A, INDIAN RIVER SHORES. FLORIDA 32963 (561) 231-1771 FAX (561) 231-4348 Mr. John W. Tippin Chairman of the County Commission Indian River County Administration Building 1840 251' Street December 22, 1998 Post -it• Fax Note 7671 oats 0o► TO".WWO 6(N em C&Uxla- F`a't-C.CU;0uNs 6rAM; C0A)evt Ico. ARG Pt,a,e "ql T - Oce P' ".5-4 J - FOX eY-96 Fax w .F 7 9- 4L7 CfQ Fax K Vero Beach, FL 32960 Fnzb�e 0 M Dear Chairman Tippin: Ern ^f aw. _ :.•. as • The Town Council of the Town of Indian River Shores is committed to exploring ev reasonable avenue that may lead to having the Lost Tree Village islands purchased and placed in the public domain. Many of us participated in the bond referendum with the expectation the islands would be purchased from bond proceeds. We believe negotiations for the islands purchase failed in large part due to the appraised value placed on those islands. The appraisals were based on the densities of one (1) unit per five (5) acres with no vehicular access, due to the bridgehead ordinance of the City of Vero Beach. Lost Tree Village Corporation, the City of Vero Beach and the Town of Indian River Shores have all agreed on a settlement of pending litigation to our comprehensive plans subject only to approval by the DCA. Essentially, the islands will be permitted to be developed at one (1) unit per two (2) acres and the bridgehead ordinance of the City of Vero Beach will be eliminated These are substantial changes to the existing comprehensive plans of both the City and the Town, upon which earlier appraisals were based.,. The purpose of this letter is to request a reappraisal of the islands at the earliest appropriate time, which would probably be upon approval of a settlement by DCA. We would anticipate the reappraisal effort would be coordinated through and with the cooperation of Florida Communities Trust (FCT), in order to receive matching funds. I feel certain the Town would contribute a fair share, together with the City of Vero Beach and the County, toward new appraisal expenses if that would help the situation. We would also express our concern about statements recently made by a County representative that bond funds willcontinue to be expended before the island issues are JANUARY 12, 1999 24 resolved. It would be our request that no further bond funds be committed until a determination is made as to whether these islands can be purchased which, of course, will be'based upon a new appraisal and further negotiations. We trust this request for the new appraisal and for a moratorium on further expenditure of bond funds will receive your favorable consideration. We look forward to working with the County to preserve the islands for future generations. Best personal regards. Sincerely, I Barbara J. Holmen -McKenna' Mayor Commissioner Ginn stated that the Board of County Commissioners has received requests from both the City of Vero Beach and Indian River Shores for a reappraisal of the Lost Tree Islands property and now Indian River Shores has asked for a moratorium on LAAC purchases. She suggested that the Board have a moratorium for three months on LAAC purchases and respond to Indian River Shores. Vice Chairman Adams saw no reason for a moratorium and did not understand the rationale to stop everything just for one issue. She could not support such a suggestion at this time. Chairman Macht advised that a response had already been sent by him to Indian River Shores in which he indicated there was no need to institute such a moratorium since the Board was still waiting for various responses in this complex issue. Commissioner Ginn expressed her concern about letters that go out without copying all Commissioners; she had not received a copy of the letter sent by Chairman Macht. Commissioner Stanbridge spoke of numerous projects still on the LAAC list and felt the Board needed to move forward with those important acquisitions, especially purchase of wetland properties adjacent to the Indian River Lagoon which can be used for mitigation banking. Chairman Macht felt LAAC purchases and the Lost Tree Islands were committee matters and should go through the committee first. The Lost Tree Islands issue had been taken out of the jurisdiction of the committee and directed to the Board of County Commissioners, which was unkind to the committee members who had given their time and JANUARY 12, 1999 25 BOOK 108 FAGE 74 L BOOK 108 PAGE 75 was a violation of the guide. He felt the process should not be attacked just because the appraisals were not to their liking. Commissioner Ginn asked if Chairman Macht had so stated this in his letter to Indian River Shores, and Chairman Macht responded he had said that there is, in effect, a moratorium because the Board of County Commissioners has said they would only expend funds as they have them and decided not to issue additional bonds. Commissioner Ginn inquired if the wetlands Commissioner Stanbridge mentioned were new to the LAAC list or were they on the original list. She also indicated that private parties may be willing to pay for a third appraisal of the Lost Tree Islands. Both Commissioner Stanbridge and Chairman Macht responded that the wetlands referred to had been on the original list. Chairman Macht added that DEP had already rendered information (about submerged lands) that does not favor raising the appraisal values. He understands the County is presently waiting for the ALJ's (Administrative Law Judge) decision concerning the ownership of the submerged land, which will certainly affect the appraisals. Assistant County Attorney Terrence P. O'Brien confirmed his understanding. Commissioner Stanbridge believed the Board would buy Lost Tree Islands if they became available at a price within the LAAC guidelines. Chairman Macht commented that the desire to purchase Lost Tree Islands at the appraisal price has not diminished. Commissioner Ginn commented that the appraisals were nine years old. Vice Chairman Adams pointed out that was how long the Board had been looking at buying them. She added her concern that the County has not taken advantage (mitigation banking) of the wetlands already purchased. Commissioner Stanbridge suggested that some technical people on the LAAC would be helpful and commented that purchase of environmental land is for all people in Indian River County. Chairman Macht mentioned that another property (Lowenstein-Salama) is another property on the original list that the County has been unable to purchase because the owners want more than the appraised value. Environmental Planning & Code Enforcement Chief Roland M. DeBlois explained that the properties that have already been acquired have been used for mitigation banking. He explained the two approaches and the two purposes for mitigation, one of which actually JANUARY 12, 1999 26 brings funds into the County's coffers. He assured the Board that the County is already gaining the benefits of mitigation banking. Chairman Macht expounded on the complexities and relationships involved in the land acquisition process and procedures. He credited Community Development Director Bob Keating and Environmental Planning & Code Enforcement Chief Roland M. DeBlois and the LAAC members for their range of interest and expertise on the LAAC. He believed the process was working well and the dichotomy of interests has not presented any serious problems. Commissioner Ginn also appreciated staff and their hard work. Chairman Macht believed that the request of the Mayor of Indian River Shores was very constructive and he had replied as constructively as he could. He felt that the ALJ's decision, due sometime this month, would help move this issue. Commissioner Ginn inquired about a letter from the DEP, Bureau of Lands, and asked for an explanation of the letter and also for an opinion from the County Attorney. Assistant County Attorney O'Brien explained that basically DEP informed St. Johns River Water Management District of their opinion that those submerged lands were sovereign lands and were not conveyed to Lost Tree Islands, or their predecessor, when there was a metes and bounds conveyance. Therefore, he assumed that St. Johns River Water Management District will deny the permit for the bridge. After that denial, it would be up to the Lost Tree owners to seek legal avenues to the extent they wish. He predicted it would be a long process as it is a very complex issue. Also, there is the issue of who owns the submerged lands. Commissioner Stanbridge added that Indian River County is not unique in these complex environmental land issues; it is happening throughout the state. NO ACTION REQUIRED OR TAKEN. 14. B. SOLID WASTE DISPOSAL DISTRICT The Chairman announced that immediately upon adjournment of the meeting the Board would reconvene sitting as the Board of Commissioners for the Solid Waste Disposal District. Those Minutes are being prepared separately. JANUARY 12, 1999 27 PtIGK �O� PAGE Ir BOOK 108 PAGE 77 There being no further business, upon motion duly made and seconded, the Chairman adjourned the meeting at 9:31 a.m. ATTEST: Jeffrey K. Barton, Clerk Minutes approvedt�'�� 077 JANUARY 12, 1999 28 Macht, Chairman 0 is