HomeMy WebLinkAbout1/12/1988Tuesday, January 12, 1988
The Board of County Commissioners of Indian River County,
Florida, met in Regular Session at the County Commission
Chambers, 1840 25th Street, Vero Beach, Florida, on Tuesday,
January 12, 1988, at 9:00 o'clock A.M. Present were Don C.
Scurlock, Jr., Chairman; Gary C. Wheeler, Vice Chairman; Richard
N. Bird; Margaret C. Bowman; and Carolyn K. Eggert. Also present
were Charles P. Balczun, County Administrator; Charles P.
Vitunac, Attorney to the Board of County Commissioners; Joseph
Baird, OMB Director; and Virginia Hargreaves, Deputy Clerk.
The Chairman called the meeting to order, and Administra-
tor Balczun led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Scurlock asked that discussion re the Florida Gas
Transmission Line to the Vero Beach power plant be added to the
agenda.
Administrator Balczun requested that Item 6F of the Consent
Agenda (Award of Contract - I.R.Blvd. South Landscaping) be
removed from today's agenda and staff will rebid the project and
also that Item 13 B. (Appeal of Operating Permit Suspension -
Dennis Smith) be tabled and held over until next week's meeting.
ON MOTION by Commissioner Eggert, SECONDED by Commis-
sioner Bowman, the Board unanimously added, removed and
tabled items from the agenda as described above.
APPROVAL OF MINUTES
The Chairman asked if there were any additions or correc-
tions to the Minutes of the Regular Meeting of December 8, 1987.
There were none.
BOOK
JAN 12 1988
70 FACT 538
JAM 12 198
BOOK 70 PAGE 5 7
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bowman, the Board unanimously approved
the Minutes of the Regular Meeting of December 8,
1987, as written.
CONSENT AGENDA
The Chairman noted that Item F has been removed from today's
agenda as requested by the Administrator.
A. Appointment of Deputy Sheriffs
ON MOTION by Commissioner Eggert, SECONDED by Commis-
sioner Bowman, the Board unanimously approved the
appointment of the following°Deputy Sheriffs by
Sheriff Dobeck: Clarence C. Walker
Leroy E. Smith
Kent D. Campbell
Steven B. Nelson
Wilbert K. Mitchner
Mark A. Mushinsky
Clay P. Riggleman
B. Out -of -State Travel (NACo 1988 Conference)
ON MOTION by Commissioner Eggert, SECONDED by Commis-
sioner Bowman, the Board unanimously approved out -of -
State Travel for Commissioners and appropriate staff
to attend the NACo 1988 Legislative Conference, in
Washington, D.C. March 5-8, 1988.
C. Community Serv. Block Grant Housing Rehab. Program Appl.
The Board reviewed memo from Guy Decker, Executive Director
of the I.R.C. Housing Authority:
2
TO: The Honorable Members of the DATE: January 12, 1988
Board of County Commissioners
Through: Charles P. Balczun
County Administrator
FILE:
SUBJECT: Community Services Block Grant
Housing Rehabilitation Prograan
Application
FROM: Guy L. Decker, Jr. REFERENCES:
Executive Director
I.R.C. Housing Authority
It is recommended that the data herein presented be given formal consideration
by the County Commission.
DESCRIPTION AND CONDITION:
The State of Florida's Department of Commniity Affairs advised Indian River County
they will accept applications for projects to be funded through the Community Services
Block Grant (CSBG) for local activities to assist low-income individuals. Section 675
(C)(1)(a) through (E), Public Law 97-35, as amended, and Administrative Rule 9B-22,
Florida Administrative Code, provide the criteria for such projects. These grants will
be for a six-month period from April 1, 1988 through September 30, 1988, and the alloca-
tion for Indian River County to cover administrative costs is $6,295.00. Applications
must be postmarked no later than February 15, 1988.
The Indian River County Housing Authority is the non-profit subgrantee for the
Indian River County Commissioners. The program covered under this grant will provide
rehabilitation consulting services which will activate rehabilitation funding from
goverrnnental. sources.
The Farmers Home Administration Section 504 Program provides housing rehabilitation
funds in the form of (1) low-interest loans, (2) loans and grants, and (3) grants to the
low-income elderly owner -occupant. There are approximately 805 owner -occupied substand-
ard housing units suitable for rehabilitation in Indian River County. Low-income and
elderly families lack the money to make their homes safe and sanitary.
This program will be targeted in the three most distressed areas of the County:
Wabasso, Gifford and Old Oslo Park. We plan on assisting between 15 and 20 low-income
and elderly owners in bringing their homes up to safe and sanitary standards.
ALTERNATIVE AND ANALYSIS:
This is our fifth funding cycle under legislation passed by Congress which con-
solidated various social programs into the block grant categories for administration by
the State and local government, and funds not applied for from the Community Services
Block Grant Program will be redistributed among counties that make application.
RECOMMENDATION AND FUNDING:
We respectfully request the County Commission to authorize its Chairman to execute
the Community Services Block Grant Program Application for submission to Florida's De-
partment of Community' Affairs along with the required accompanying Resolution.
This program will bring about improvements in safety and sanitation for approxi-
mately 15 homeowners. The average cost of improvements will be $5,000.00 per unit. The
$6,295 Grant plus $2,697 of cash and in-kind contribution by the Housing Authority would
be supplemented with about $72,000.00 in loans and grants from the Farmers Hoare Adm.
This program requires no additional County Funds.
JAN 12 1988
3
BOOK 70 PAGE 540
JAIL 12 1988
BOCK 70 PAF 541
ON MOTION by Commissioner Eggert, SECONDED by Commis-
sioner Bowman, the Board unanimously approved Resolu-
tion 88-3 authorizing the Chairman to execute an
application for a housing rehabilitation program to
assist low-income families, said application being on
file in the Office of Clerk to the Board.
RESOLUTION NO. 88- 3
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE
CHAIRMAN OF THE BOARD TO EXECUTE AN APPLICATION
FOR A HOUSING REHABILITATION PROGRAM TO ASSIST
LOW-INCOME FAMILIES AS ADMINISTERED BY THE STATE
OF FLORIDA'S DEPARTMENT OF COMMUNITY AFFAIRS.
WHEREAS, the Board of County Commissioners of Indian River
County has reviewed this proposal and has received the recom-
mendation from the Executive Director of the Indian River County
Housing Authority,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDI4N;RIVER COUNTY, FLORIDA, that the Chairman
and the Clerk of the Board of County Commissioners are authorized
to execute the attached Application to the State of Florida's
Department of Community Affairs .for a. Community Services Block
Grant Program (CSBG).
The foregoing resolution was offered by Commissioner Eggert
who moved its adoption. The motion was seconded by Commissioner
Bowman and, upon being put to.a vote, the vote was as follows:
Chairman' Don C. Scurlock, J;r. Aye'
Vice Chairman Gary C. Wheeler Aye
Commissioner Margaret C. Bowman Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
The Chairman thereupon declared the resolution duly passed
and adopted this 12 day of January, 1988.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
Don C. Scurlock
4 Chairman
D. McDonald Medical Center - Developers Agreement
The Board reviewed the following memo from Utility staff:
TO: BOARD OF COUNTY COMMISSIONERS DATE: JANUARY 5, 1988
THRU: TERRANCE G. PINTOin/''
DIRECTOR OF UTILITY SERVICES
FROM: JOHN FREDERICK LANG
ENVIRONMENTAL SPECIALI
DEPARTMENT OF UTILITY SERVICES
SUBJECT: McDONALD MEDICAL CENTER - DEVELOPERS AGREEMENT
BACKGROUND
The Gifford Sewer System Project is currently under construction. The
developer of the McDonald Medical Center has built an extra section of
gravity sewer line and installed a manhole to serve his developed
property and two adjacent properties. This portion of sewer system was
built to the specifications of the Gifford Sewer System Project and is
connected to the current hospital node sewer system.
ANALYSIS
The cost incurred by the developer was $3,354.00 for the additional
sewer work. This system flows to the hospital node lift station and is
necessary to service this area. The lift station currently flows to
the City of Vero Beach's wastewater treatment plant.
RECOMMENDATION
The Department of Utility Services recommends that, upon receipt of the
following, the Board of County Commissioners authorize reimbursement to
the developer the amount of $3,354.00:
1. Two sets of as -built drawings consisting of the set of reprintable
mylars and one set of bluelines signed and sealed by a Florida
registered civil engineer.
2. A copy of all satisfactory wastewater system tests.
3. An engineer's Certificate of Completion.
4. A copy of the Department of Environmental Regulation clearance,
specifically authorizing placement into service of the completed
system.
5. Verification that the system is within dedicated rights-of-way
and/or utility easements.
6. An executed copy of the Deed of Easement or Bill of Sale (as
applicable), together with a description and cost breakdown of the
completed system.
The monies are to be paid to the developer from the Gifford Sewer
Project, Work -in -Progress Account No. 430-000-169-005.00.
ON MOTION by Commissioner Eggert, SECONDED by Commis-
sioner Bowman, the Board unanimously authorized reim-
bursement to the developer of McDonald Medical Center
upon receipt of the 6 items listed above.
5
JAN 12 1988
BOOK 70 FADE 542
AN 12 198
BOOK .70 PACE 543
AGREEMENT
FOR REIMBURSEMENT OF CERTAIN UTILITY COSTS
THIS AGREEMENT, made this 12th day ofJanuarj ,
1988, by and between INDIAN RIVER COUNTY, a poTitTcal
subdivision of the State of Florida, 1840 25th Street, Vero
Beach, FL 32960 (COUNTY), and McDONALD MEDICAL CENTER doing
business as INDIAN RIVER SKIN AND CANCER CENTER, whose
address is Suite B, 103A, 777 37th Street, Vero Beach, FL
32960 (DEVELOPER),
W I T N E S S ETH :
WHEREAS, COUNTY is presently constructing the
Gifford Sewer System; and
WHEREAS, in anticipation of being served from the
Gifford Sewer System, the DEVELOPER constructed part of the
sewer line to the size, specification, and location as
planned for by the Gifford Sewer System; and
WHEREAS, the DEVELOPER expended the sum of $3,354
to do this; and
WHEREAS, the COUNTY will delete that section of
the force main from the COUNTY-hiredcontractor's job
description, saving theCOUNTY $2,680; and
WHEREAS, the COUNTY is willing to subsidize the
difference of $674;
NOW, THEREFORE, the COUNTY and DEVELOPER agree as
follows:
1. That upon proper documentation from the
DEVELOPER, the COUNTY's Department of Utility Services will
reimburse the DEVELOPER the amount of $3,354, and
2. The COUNTY will initiate a change order to the
Gifford Sewer System contract to delete that portion of the
sewer force main which was built by the DEVELOPER.
IN WITNESS WHEREOF, the parties hereto have set
their hands and seals on the date set forth next to their
signatures.
Date January 12, 1988 BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Approved as to form and
legal sufficiency:
CFiarTes` Vitunac
County Attorney
By ;%.,,c—
Don.,..c—
Don C. Scur oc
Chairman
Approved for Administrative
rs:
P . Damon
County 'Administrator
Approved for Utility matters: Approved for Budget matters:
Te -e—Pinto, Director
Division of Utility Services
Date 1-21Z 3/8-7
McDONALD MEDICAL CENTER
By
yc
oRn W. Mc onaT
Swor /'Eo and subscribed before me this 23rd
day of December, 1987
Notary Public, State of Florida at Large.
r Notary Public, State of Florida
iMy Commission Expires Dec. 10, 1990
$oad.d Mpg Tio Fu..baiganie
E. Surplus Property Sale Bids
The Board reviewed memo of Ass't. Administrator Mattes:
TO: Board of County Commissioners DATE: January 4, 1988 FILE:
SUBJECT: SURPLUS PROPERTY
SALE BIDS
FROM:
Perry J. Mattis
Asst. Co. Administrator
Acting Manager, Purchasing Dept.
REFERENCES:
1. DESCRIPTION AND CONDITIONS
Bids were received Wednesday, December 30, 1987 at 2:00 p.m. for nine
(9) vehicles previously declared surplus property.
The notice of sale was properly advertised on December 14, 21 and 28,
1987.
2. ALTERNATIVES AND ANALYSIS
A) Mr. Ralph Turner was the high
#2914 1977 Cougar
#7055 1978 Aspen
#3144/
7749 1978 Aspen
#4942 1984 Citation
#3707 1980 Chevette
B)
bidder for:
$651.00
281.00
351.00
951.00
237.00
Total $2,471.00
North Gifford Auto Parts was the high bidder for:
#1670
#1691
#4944
#3190
1971 F100
1974 F100
1984 Citation
1979 Nova
Total
Grand Total
3. RECOMMENTATION
Staff recommends that the
in paragraph 2 above.
$107.00
178.00
863.00
98.00
$1,246.00
$3,717.00
high bids be accepted
and awarded as listed
Staff requests authorization to effect the consummation of the above
sales.
ON MOTION by Commissioner Eggert, SECONDED by Commis-
sioner Bowman, the Board unanimously
awarded surplus
vehicles as listed above to the high bidders Ralph
Turner and North Gifford Auto Parts,
bid tabulation:
JAN 121988
7
per the following
BOOK ,70. FACE544
:JAN 12 988
BOOK 70 FAcEF 545
BOARD OF COUNTY COMMISSIONERS
1840 25th Street
Vero Beach, Florida 32960
BID TABULATION
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BID NO.
DATE OF OPENING
2:OOp.m. 12/30/87
BID TITLETSURPLUS PROPERTY
ITEM DESCRIPTION
NO.
UNIT PRICE
UNIT PRICE
UNIT PRICE
UNIT
PRI(
1971 FORD F100 Pickup Truck #1670
107
00
1c174 FC)RD Finn Pi rknp Truck #1691
178
00
1977 Mercury Cougar
#2914
#7055
651
281
00
00
68
00
1978 DODGE ASPEN
1978 DODGE ASPEN #3144/7749
351
00
1984 CHEVROLET CITATION #4942
951
00
878 00
375
00
1984 CHEVROLET CITATION #4944
863 00
1979 CHEVROLET NOVA 4 -door #3190
98 00
1980 CHEVROLET CHEVETTE #3707
237
00
9800
F. Award of Contract (Landscaping I.R.BIvd. South)
Removed from Agenda.
G. Request for Site Pian Extension - (Leroy Cousins)
The Board reviewed memo of Staff Planner John McCoy:
TO:Charles P. Balczun
County Administrator
DIVISION HEAD CONCURRENCE:
DATE: December 24, 1987 FILE:
YCOUSINS REQUEST FOR
Robert M. Keat ng, CP SUBJECT: SITE PLANEXTENSIION
Community Deve opment Director
THROUGH: Stan Boling .•'J•
Chief, Current Development
FROM: John McCoy Y'
Staff Planner
REFERENCES:
cousins
JOHN
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of January 12, 1988.
8
DESCRIPTION AND CONDITIONS:
On December 31, 1986, the Planning and Zoning Commission approved
a minor site plan application submitted by Leroy Cousins.
Approval was given to construct a 1,050 sq. ft. addition to the
existing facility at 1545 9th Street S.W. (Oslo Road). Prior to
the approval expiration date, the applicant requested in writing
an extension of the site plan approval (see applicant's letter).
No ordinance changes have been enacted since the original approval
date that would cause any change in the site plan application.
The application, as approved, conforms to current regulations.
Due to financial constraints, Leory Cousins has been unable to
commence construction prior to the expiration of the approved site
plan. However, since no construction commenced by December 31,
1987 the site plan approval, unless otherwise extended by Board of
County Commissioners, will lapse.
Pursuant to the provisions of section [23.1(G)(2)], Appendix A of
the zoning code, Leory Cousins is requesting a full 1 year
extension of the approved site plan.
RECOMMENDATION:
Staff recommends approval of Leroy Cousin's request for a 1 year
extension of their approved site plan; the new expiration date to
be December 31, 1988.
ON MOTION by Commissioner Eggert, SECONDED by Commis-
sioner Bowman, the Board unanimously approved a one
year extension of site plan for Leroy Cousins as
recommended by staff.
H. Occupational Licenses - Month of December, 1987
AM _12 1988
ON MOTION by Commissioner Eggert, SECONDED by Commis-
sioner Bowman, the Board unanimously accepted the
report of the Tax Collector advising the amount
collected for occupational licenses for the month of
December, 1987, as follows:
9
Bo 70 F' E 546
M 12 1988.
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Board of County Commissioners
Gene E. Morris, Tax Collector
January 6, 1988
Occupational Licenses
BOOK 70 rAcu547
Pursuant to Indian River County Ordinance No. 86-59, please
be informed that $3,144.32 was collected in occupational license
taxes during the month of December 1987, representing the
issuance of 127 licenses.
•
‘,/,‘•440.-
ene E. Morris, Tax Collector
PUBLIC HEARING - TRANSFER OF OWNERSHIP (JONES INTERCABLE TO
FALCON CABLE MEDIA) & CONSIDER INCREASE OF FRANCHISE FEES
The hour of 9:05 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
in the matter °Mir
in the
Court, was pub-
lished in said newspaper in the issues of (�/i1/ I�`' a7‘, / f,
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in sajd Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed befor
(SEAL)
of/Liza/441.D. 19 17
it /, /i) t B
i ,/ (uri ss Manager)
L^PLL
(Clerk of the Circuit Court, Inhh River County, Florida)
10
NOTICE OF ththat the BBUC oard of County
'Notice sihereby 9
a will hold
ublic hearinonersg the Commissionf Indian River �Chambers,
Indian River County Administration Building,
1840. 25,th. Street, Vero Beach, FL 32960, on
Tuesday, the 12th of January, ng 9t:05o Ae M.,
to consider the request
as-
signment and transfer of a ,Cable Television
Franchise from CaePartner FtolFaalcon Cabe_
In-
tercable, Inc., General
Media, • L.P., a California Limited Partnership.
The Board of County Commissioners will also
consider increasing the franchise fees for Fal-
con
ahcon Cable Media from three percent of gross
revenue per fiscal year to four pretest of gross
revenue per fiscal year, beginning September
30, 1per ander r�nreuepeperrttiscaleyearto
four perces 9
five percent of gross revenue beginning Septem-
ber 300989: ry
All interested parties will be heard.'
Dated this 26th day of December. 1987
INDIIAN RIOARD VER COUNTY. FLORIDA NTY`COMMISSIONERS1}:
Don C: Scurlock, Jr„ Chapman .
'December 26, 1987 •. .. . .
Director Pinto reviewed the following and suggested that the
transfer and the increase of franchise fees be handled as two
separate issues, the first to be transfer of the franchise to
Falcon and the second the issue of an amendment to the franchise:
DATE:
TO:
THRU:
FROM:
SUBJECT:
DECEMBER 28, 1987
BOARD OF COUNTY COMMISSIO
TERRANCE G. PINTO
DIRECTOR OF UTILITY ��' CES
LISA M. ABERNETH
FRANCHISE MANAGE
TRANSFER OF OWNERSHIP
JONES INTERCABLE, INC. TO FALCON CABLE MEDIA
BACKGROUND
Jones Intercable recently submitted application and review fee, as
required by Ordinance 82-7, for the Transfer of Ownership of the
Cable TV franchise to Falcon Cable Media, Limited Partnership.
Attached hereto is a brief overview of the Company's philosophy in
management and business including financial statements, service
locations, letters of recommendation from several financial
institutions, and letters of recommendation from various
municipalities throughout the United States that are serviced by
Falcon Cable Media, L.P.
ANALYSIS
Staff has reviewed the supporting documents and upon several
occasions has met with the representative from both parties. After
careful consideration staff agrees and accepts the transfer from
Jones Intercable, Inc., to Falcon Cable Media, L.P., by Resolution
attached hereto and by an Agreement, attached hereto, providing for
certain changes to Ordinance 82-7.
RECOMMENDATION
Staff recommends and requests that the Board of County Commissioners
approve the transfer of ownership and the assignment of franchise to
Falcon Cable Media, Limited Partnership by authorizing the Chairman
to sign the foregoing Resolution.
Further, staff recommends and requests that the Board of County
Commissioners approve the attached agreement. These changes have
been discussed and agreed to by Falcon Cable Media, L.P. The
Agreement shall bind Falcon Cable Media to the modification of the
rules and regulations setforth in Ordinance 82-7, until such time as
Ordinance 82-7 is amended.
Chairman Scurlock asked if modification of the franchise
ordinance can be done by Resolution, and Attorney Vitunac advised
that the second item is not an ordinance modification; it is an
agreement saying we will proceed with that ordinance modification
after we advertise it.
11
BOOK 70 PACE 548
,JAhl 1 2 1288 - Ai
JAIL 12 1988
BOOK 70 PAGE 540
Commissioner Eggert wished more clarification on the
modification as she believed it is not the same as it was in the
last papers given the Board.
Director Pinto advised that the only change in what the
Board has now is under Item 2 where they have increased the
percentage of the franchise fee - the method of payment has been
defined more clearly on how they would pay on a quarterly basis.
Commissioner Eggert commented that she had thought we went
up to 5% almost immediately, and Chairman Scurlock believed what
we have now is a phasing -in of it, and as he understood it, part
of the reason for that was to make it more palatable and easier
for the new company to transition into the service area without
losing customers.
Director Pinto reported that he had felt there was a very
good faith negotiation between us and the cable company, and we
felt the phasing -in arrangement was fair to everyone and kept the
customer in mind.
Chairman Scurlock asked if anyone present wished to be
heard.
Becky Sims, Divisional Vice President of Falcon Cable Media,
came before the Board and advised their concern is not with the
transfer, but with the changes in the ordinance. She stressed
that the transfer and the increase of franchise fees are two
totally unrelated items, which should not be handled at the same
time. Ms. Sims emphasized that they signed the agreement under
protest and only because it had been made contingent on receiving
the transfer. This process has gone on since last summer, and
they cannot hold up the deal any longer. Ms. Sims further
informed the Board that they have hired a local attorney, and
they have contacted their corporate attorneys in Washington, who
represent them before the FCC and Congress, and they all agreed
these are two separate items. The transfer should go "as is"
with the current ordinance, and then they would like to negotiate
any changes in the ordinance as a separate item.
12
Chairman Scurlock stated that Falcon's objection is noted
for the record. However, he commented that he was quite involved
in tracking the Cable Communications Act, and he felt that what
is proposed is fair and equitable and consistent with the intent
of "Don't you regulate our rates, and we will give you your 5%,"
which was the approach taken through all those deliberations.
Director Pinto emphasized that what we are doing today is
exactly what the company is requesting. We are transferring the
franchise, and they have agreed to agree - whether under protest
or whatever - to go through the process of amending the franchise
at a later time. Between the amendment of the franchise and the
transfer, there is an agreement to cover the situation as it is.
He, therefore, believed we have accommodated the request of
Falcon and would recommend we transfer the franchise as it is and
next approve the agreement so then we can proceed with the
amendment of the franchise itself, which will take a subsequent
public hearing.
Attorney Vitunac advised that the hearing would be about
three weeks from today. He agreed with Falcon Cable that these
two issues are not tied together such that if one does not happen
the transfer can't go through. We understand the Cable Communi-
cations Act, and we think we are living up to it.
Ms. Sims contended that under the Cable Communications Act
their franchise ordinance is grandfathered with the 3% fee. Her
argument was that if the language of the ordinance had called for
"3%, or whatever is the maximum allowable by the appropriate
authority," then the County could legally ask for the 5%.
Because the ordinance was worded simply "3% of your revenue,"
that particular ordinance was grandfathered at that amount and
could not be raised as part of the franchise process.
Chairman Scurlock asked Director Pinto about the definition
of "gross revenue" because he believed there had been a lot of
discussion as to exactly what that means.
JAIN 12 1988
3 BOOK 70 PACE 550
JAN 12 1988
BOO I 70 F E 551.
Director Pinto stated that we passed an ordinance specifi-
cally explaining what gross revenue represents because there was
some question about it. He continued to stress that we are
complying with the request of Falcon - we have separated the
issues.- we are asking that the franchise be transferred today
and that we proceed with the agreement we negotiated. There are
changes on both sides - not just in the county's favor, and we
will have a public hearing on that. If at the public hearing,
the Board deems that they do not want to make those changes, then
they are not obligated to do so, and the franchise has been
transferred.
Ms. Sims stated that Falcon feels that the only change
beneficial to them is a change of a particular form they had been
filling out that was more geared towards an utility company than
cable. The other items basically are clarifications and, of
course, the change in the franchise fee is not beneficial to them
at all. They would just as soon live without these changes and
get the franchise transferred and then sit down and negotiate.
Chairman Scurlock's opinion was that Falcon actually doesn't
plan to negotiate at all - they just want to pay 3%, and the fact
is that the 3% or 5% isn't paid by the company in any event - it
is a pass-through directly to the customer.
Ms. Sims advised that it has been paid for and absorbed by
the company up to this point, and Chairman Scurlock pointed out
that under the proposal it can be passed through.
Commissioner Eggert wished to know if staff is asking for
approval of the agreement or for approval for it to be taken to
public hearing.
Director Pinto stated that, after the transfer is done, they
simply are asking for the agreement to be ratified between Falcon
and the County until such time as the public hearing takes place.
Commissioner Eggert asked if he then wanted the agreement
approved subject to a public hearing, and this was confirmed.
14
Attorney Vitunac clarified that if the agreement is approved
today, it would not change any of the law. It is just an
agreement that we in good faith will present this ordinance
change in in a month.
The Chairman asked if anyone else wished to be heard.
Fred Mensing, Roseland, informed the Board that there has
been some improvement in the cable service, but they still have a
problem in the North County. Last night the cable went out for
many hours, and he called and reached a woman who really didn't
seem to care. Mr. Mensing felt the cable company should provide
a better degree of service and questioned the transfer being
approved until these issues are resolved or else he felt there
should be some language in the transfer that would guaranty in
writing that these difficulties will be solved in thirty days.
Ken Vickers, General Manager of Jones Intercable, informed
the Board that when they rebuilt their system, they upgraded it
by replacing all of their power supply units, which would only
run on commercial power, with stand-by power supply units which
will run about 2-3 hours on their own back-up batteries. In
going with 100% stand-by power, they went well beyond what is
required in the design of a cable system. Unfortunately, the
power was out last night longer than their batteries could last,
which he believed is somewhat of an unusual occurrence.
Ms. Sims noted that she will have to look into the particu-
lar problem cited re last night's outage. She pointed out,
however, that while they can supply the stand-by power, they
can't guarantee they can have any control over the power company.
She also believed what happened last night is a rare occurrence.
Director Pinto suggested that it would be a good idea for
Ms. Sims to put on the record some of the things discussed as to
Falcon's intent re expansion and improvement of the system, and
also possibly some of the history showing that Falcon is a
reliable company and not one that just gets in and builds their
systems and sells them.
JAN 12 1988
15
BOOK 70 F,10E 552
112 E88
BOOK 70 f10E 553
Ms. Sims stated that Falcon has never historically sold a
cable system. She emphasized that Falcon comes in and buys the
system and then holds on to it and operates it for the long term;
they have no intention of coming in, getting the benefits out,
and then turning around and selling it. She further advised that
they generally have been being aggressive about the newer tech-
nologies. Falcon also is noted for being very aggressive re
homes in outlying areas, and they have plans to build extensions
to some areas not presently served.
It was determined that no one else wished to be heard, and
the Chairman thereupon declared the public hearing closed.
QN MOTION by Commissioner Eggert, SECONDED by Com-
missioner Wheeler, the Board unanimously approved
Resolution 88-4 and moved approval of the Agreement
subject to a public hearing.
RESOLUTION NO. 88-4
A RESOLUTION PROVIDING FOR THE
TRANSFER OF THE CABLE TV
LICENSE HELD BY JONES
INTERCABLE INC.,TO FALCON
CABLE MEDIA L.P., AS REQUIRED
BY ORDINANCE 82-7.
WHEREAS, CABLE TV FUND VIII -A, JONES INTERCABLE, INC., a general
partner ("Jones Intercable") has made application to the Board of
County Commissioners of Indian River County, Florida for approval of
transfer and assignment of its non-exclusive license to FALCON CABLE
MEDIA ("Falcon"); and
WHEREAS, said Board of County Commissioners has caused to be
advertised a Notice of Hearing, although not required, which notice is
attached hereto; and
WHEREAS, said Board did hold a public hearing on January 12,
1988, to consider said request; and
WHEREAS, there were no objections to said transfer; and
WHEREAS, Falcon has agreed to abide by all terms of Indian River
County Ordinance No. 82-7;
16
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA:
1. The County approves the transfer of the cable tv license held
by Jones Intercable Inc., to Falcon Cable Media.
2. The privilege, license, authority and permit above granted
are subject to the terms and conditions outlined in Ordinance
82-7, as amended from time to time by the Board of County
Commissioners, Indian River County, Florida.
The foregoing resolution was offered by Commissioner Eggert
,
who moved its adoption. The motion was seconded by Commissioner
Wheeler and, upon being put to vote, the vote was as
follows:
Chairman Don C. Scurlock, Jr.
Vice Chairman Gary Wheeler
Commissioner Richard N. Bird
Commissioner Carolyn Eggert
Commissioner Margaret C. Bowman
Aye
Aye
Aye
Aye
Aye
The Chairman thereupon declared the resolution duly passed and
adopted this
ATTEST:
12th day of January , 1988.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
BY: �
Don C. Scurock, Jr. ,,h„�irman
ACCEPTANCE OF FRANCHISE
FALCON CABLE TV, does hereby accept the foregoing resolution, and for
their successors and assigns, does hereby covenant and agree,to comply
with and abide by all of the terms, conditions, and provisions therein
set forth and contained.
DATED at Vero Beach, Indian River County, Florida, this day
of , 1988.
Witness
Witness
JAN 12 1988
FALCON CABLE TV
BY:
Owner
17
BOOK 70 FAr.,E554
rJAA1 12 '198d
BOOK 70 F - 555
DISCUSSION ON ACTION RE FLORIDA GAS TRANSMISSION LINE TO CITY
POWER PLANT
The Chairman referred to the following memo which was
discussed at last week's meeting and advised that some additional
information has come to light since then:
TO: Charles P. Balczun, DATE: December 21, 1987 FILE:
County Administrator
FROM:
James W. Davis, P.E.
Public Works Director
SUBJECT:
Right -of -Way Use Permit -
Florida Gas Transmission
Company - 8" Gas Line from
West of I-95 to City of Vero
Beach Power Plant
REFERENCES:
DESCRIPTION AND CONDITIONS
A.J. McNamara, F1. Gas,
to James Davis dated
Doc. 17, 19.8.7
Florida Gas Transmission.Co..is requesting a right-of-way permit to install
an 8" diameter welded steel gas.main within County right-of-way frau its
main Florida line located west of I-95 to the City of Vero Beach Electric
Power Plant. The proposed route is as follows:
°
From the North-South gas main located West of I-95, the line will
travel along 4th Strcct to 74th Avenue (Rangeline Road).
o Thence South along 74th Avenue to 1st Street SW.
o Thence East along 1st Street SW frau 74th Avenue to Kings Highway
(58th Ave.).
o Thence South along Kings Highways from 1st St. SW to the Indian
River Farms South Relief Canal Right -of -Way.
• Thence Easterly along the South Relief Canal right-of-way from
58th Avenue to US Highway 1 (SR 5).
o Thence North along US 1 from the South Relief Canal to Indian
River Boulevard South Extension.
o Thence North along the new Indian River Boulevard South Extension
from US 1 to the City of Vero Beach Power Plant.
The construction of the gas line will be along the east side of Indian
River Boulevard. Since this is a major gas pipeline project and the owner
has no formal franchise to operate in the County, staff has determined that
Board approval should be obtained.
ALTERNATIVES AND ANALYSIS
The gas pipeline is needed by the City Power Plant so that sufficient
natural gas can be provided.
18
Staff has received the plans and has made numerous comments resulting in
many changes. Originally, a Florida Registered Engineer did not sign and
seal the design drawings. Staff has required a Registered Engineer's
Certification.
The proposed design will utilize approximately a 10' wide corridor along
County right-of-way. The design impact has been minimized as much as
possible.
RECC1ElDATIONS AND FUNDING
Staff recommends that a County right-of-way use permit be granted to
Florida Gas Transmission Company for the construction of the 8" gas main.
A right-of-way use permit fee for such installations may be levied by the
County based upon the Board's direction. To monitor construction,
approximately $1,000 in staff time is anticipated. A $1,000 fee is
recommended.
Administrator Balczun noted that when the Board approved
this matter last week, they did so with the condition that
Florida Gas would allow the county to utilize a portion of the
gas line easement for surface disposal of effluent. As it turns
out, this is more a City of Vero Beach exercise than that of
Florida Gas. City Manager Little has assured us that he will
work with us as much as is possible in regard to allowing us to
utilize that property for effluent disposal, and staff sees no
purpose to be served in holding up the City in its installation
of the pipe. Staff, therefore, requests the Board to approve the
issuance of the permit and to direct staff to work with the City
on potentially using that property for disposal purposes.
Commissioner Eggert inquired if the Administrator was
satisfied that we will be getting all the costs back, and he
confirmed that he had every reason to believe we would.
Chairman Scurlock advised that he also talked to City
Manager Little, who indicated they would be willing to pay all
those costs, but asked us to remember it is the City and not
Florida Gas,. and please be reasonable in our charges. The
Chairman did feet there is one thing we need to modify, and that
is that he would like to see us be consistent with the Drainage
District. The District's arrangement with the City of Vero
Beach on their transmission lines is $500 per mite as opposed to
$1,000 a year. He agreed with staff that it would do us no good
to hold this project up.
JAS! 12 198
19
BOOK 70 'PACE 556
JAIL 12 1988
BOOK 70 F,1 CE 557
Commissioner Bird wished to know how it works if someone
else, such as Piper Aircraft, for instance, wished to tie into
this line, and Director Pinto believed it would depend on the
agreement between the City and the gas company.
Commissioner Bowman stressed that it is our RIW and she felt
we should have some kind of written agreement with the City.
Chairman Scurlock advised that is what we are working
towards; the whole purpose of this is to authorize staff to go
ahead and work out an agreement with the City. One part of that
agreement would be that they would pay a permit fee on an annual
basis and second would be that any costs associated with that
line in terms of relocation or any construction the county would
have in the R/W would be done at the expense of the City of Vero
Beach.
Commissioner Eggert noted that the issue of safety was also
brought up last time, and we wished to be sure the gas was
properly piped and buried.
Discussion ensued regarding the potential for use of natural
gas in the County, and Chairman Scurlock explained that the City
of Vero Beach is using their existing power plant realty as a
"peaking" plant. They have been very bright in the way they have
diversified in purchasing power, i.e., coal, oil, gas, etc.,
whichever happens to be cheaper at the time. He personally felt
at some point in time, the Vero Beach plant will close, as well
as the Fort Pierce plant, and at that time he would assume the
gas line still have have a useful life and there then would be
all sorts of possibilities.
Director Pinto commented that the gas company certainly is
in business to sett gas, and if there was a large potential
customer base there, they may have to reimburse someone for some
of the cost of the line. This gas can be used for everything
from serving homes to serving some plants. It is normal to serve
20
homes with this type of gas up North, but he did not believe we
will see that here because there really is not the demand for it.
Commissioner Eggert inquired about the line coming to the
City plant and whether trunk lines then go out from the plant.
Chairman Scurlock clarified that this will be an extension
from the Florida Gas 1-95 line into the City of Vero Beach plant,
at which there presently is an existing line; however, that line
is undersized and they have not been able to fully utilize gas
when it has been available and at the least cost.
Commissioner Bowman asked where the existing line into the
City is located, and Public Works Director Davis stated that it
is on the south side of 16th St.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Wheeler, the Board unanimously granted a
County R/W use permit to Florida Gas Transmission
Company for the construction of the 8" gas main from
1-95 to the Vero Beach Power Plant as described in
staff memo dated December 21, 1987, and directed staff
to work on an agreement with the City of Vero Beach as
discussed.
AGREEMENT WITH CITY OF VERO BEACH RE TRANSFER OF UTILITY SERVICE
AREA ADJACENT TO RYANWOOD SHOPPING CENTER
Attorney Vitunac reviewed the following, advising that this
is our standard utility interim transfer until the master
agreement is ready.
21
JAN 12 1988
BOOK 70 FACE 558
r
JAN 12 1988
BOOK 70 Fri IF 559
TO: Board of County Commissioners
(2)4A32X(7
FROM: Charles P. Vitunac, County torney
DATE:
January 4, 1988.
RE: AGREEMENT between INDIAN RIVER COUNTY and
CITY OF VERO BEACH re: TRANSFER OF UTILITY
SERVICE AREA ADJACENT TO RYANWOOD
SHOPPING CENTER/BOARD MEETING JANUARY12, 1981
The County and the City of Vero Beach are presently working
on redefining their ultimate territorial boundaries for
water and sewer service. Until this project is completed
and the final boundaries are determined, certain adjustments
will have to be made from time to time. The attached
agreement is one of these adjustments. This agreement will
transfer the defined territory to the City's service area.
I respectfully request permission from the Board of County
Commissioners to have the Chairman execute this agreement on
behalf of the County. The agreement will then be sent to
the City for its execution.
The Chairman realized we want to square these service areas
off in a logical fashion, but wished to be sure we have done an
analysis of the economic impact of shedding these customers.
Director Pinto assured him if we actually did serve this
area, we would not be able to recover our investment for twenty
years, and it would be an extraordinary cost to those who live
there to pay for the service.
ChairmanScurlock wished to make certain we are not shedding
Ryanwood, and Director Pinto confirmed that Ryanwood Shopping
Center and the adjoining property north on King's Highway will be
carved out because we already have an investment there. The
subject area is only on the north side of SR 60 east of Ryanwood.
ON MOTION by Commissioner Bird, SECONDED by Commis-
sioner Wheeler, the Board unanimously approved an
agreement with the City of Vero Beach re the above
described utility area east of Ryanwood.
SAID AGREEMENT WILL BE MADE A PART OF THE RECORD WHEN RECEIVED.
(Note:Made a part of Minutes of 1/19/88)
22
REAPPOINTMENTS TO TRANSPORTATION PLANNING COMMITTEE
ON MOTION by Commissioner Eggert, SECONDED by Commis-
sioner Wheeler, the Board unanimously reappointed the
following to the Transportation Planning Committee for
one-year terms:
Margaret C. Bowman
Hoyt Howard
Lee Johnston
A. J. Todd
Frank Hurst
Gene Waddell
Walter Jackson
There being no further business, on Motion duly made,
seconded and carried, the Board unanimously adjourned at 9:30
o'clock A.M.
ATTEST:
JAN 12 1988
23
BOOK 70 ME 560