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HomeMy WebLinkAbout9/20/1988Tuesday, September 20, 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, September 20, 1988, at 9:OO.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 William G. Collins, II, Acting 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. Reverend Paul Hauenstein gave the invocation, and Commissioner Eggert led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Scurlock requested that a Budget Amendment regarding some unanticipated revenue for the Environmental Control Board be added to the agenda as Item I under the Consent Agenda. He also requested that Item 9B (North County Office Space) be deleted from the agenda. The Chairman announced that around 11 o'clock, we will be receiving a check from the Division of Forestry, and he felt this could be worked in the Agenda. Commissioner Eggert asked that a discussion of the Sloan property be added to the Agenda under her matters. SEP 2 0 1988 Boor 79 E: r;L �P: ON MOTION by Commissioner Bird, SECONDED by Com- missioner Eggert, the Board unanimously added to and deleted 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 August 23, 1988 Commissioner Eggert referred to Page 81, 4th line up from the bottom of the page, and asked that the phrase "broken out of proportion" be corrected to read "blown out of proportion." ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bird, the Board unanimously approved the Minutes of the Regular Meeting of August 23-, 1988, as corrected. CONSENT AGENDA Commissioner Eggert requested that Item G be removed from the Consent Agenda for discussion. A. Appointments of Deputy Sheriffs ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bird, the Board unanimously approved the appointment by Sheriff Dobeck of the following Deputy Sheriffs: Virginia L. Bobet Katherine P. Siebert Anthony L. Bartley B. Reports The following reports were received and placed on file in the Office of Clerk to the Board: S E P 20 198 2 POOK PAA, 9 � Report of Convictions, Month of August, 1988 Traffic Violation Bureau, Special Trust Fund, Month of August, 1988 - $46,965.01 C. Out-of-County.Travel F7 ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bird, the Board unanimously approved out -of - County travel for Commissioners and appropriate staff to attend the Water Pollution Control Federation Convention in Dallas, Texas, October 2-5, 1988. D. Bid #89-10 - The Board reviewed memo of Purchasing Manager Ambler: TO: William G. Collins II DATE: September 9, 1988 FILE: Acting County Administrator FROM SUBJECT: AMM OF IRC BID #89-10 ROAD STRIPING PAINT REFERENCES: Cs Afibler, C.P.M. /Purchasing Manager 1. DESCRIPTION AND CONDITIONS: Bids were opened Wednesday, August 24, 1988 at 2:00 p.m. for IRC Bid #89-10. 21 Invitations to Bid were mailed. 11 Bids were received, including 2 No Bids. This bid was advertised in the newspaper. 2. ALTERNATIVES AND ANALYSIS: The low bid meeting our specifications for Road Striping Paint was submitted by Roadway Supply with a total unit price of $29.15. This bid was solicited to establish a Team Contract. The annual expenditures are expected to be $10,000.00 SEP 20 1988 3 Boor 74 P,a .c 28 7 C_ 3. FUMING: This bid is to establish a Tenn Contract. No purchase orders Will be issued before a requisition approved by the budget office is received. 4. RECU40 NDATION: Staff recommends that.we award this and authorize -staff to proceed. ON MOTION by Commissioner Eggert, SECONDED by Comnis- sioner'Bird, the Board unanimously awarded Bid #89-10 for Road Striping Paint to the low bidder, Roadway Supply, at a total unit price of $29.1.5, per the following Bid Tabulation: N. ROAD STRUM P UT M, "I VTR � MMIRM P OMMWAR MERNMER1�1,l:�i,e ■�■■■■■■■■i■i■■■■Ir■tri■■■■■ �fllk�T■■■ ■■■■Y�■■r■■■■■-■I■■�■fes■■■■ _MMN ■■■■■■■■I■■■■■■■■■ ■`■■■■■■■■■I■■!■!�!■■■■■ _■MMEMNMENMEMW ■■■■■■■■MENMENZWEIA, MME IMMMOM M. ON E. Bid #89-12 - Typewriter Maintenance Contract The Board reviewed memo of Purchasing Manager Ambler: 4 SEP 20 1988 Boa 74 �. . TO. William G. Collins. II DATE* September 2, 1988- FILE: Acting County Administrator SUBJECT: AWARD OF IRC BID#89-12 TYPEWRITER MAINTENANCE CONTRACT FROM / REFERENCES: /Gus'Ambler, C.P.M. Purchasing Manager 1. DESCRIPTION AVID CONDITIONS: Bids were opened Wednesday, August 24, 1988 at 2:00 p.m. for IRC Bid #89-12. 6 Invitations to Bid were mailed. 4 Bids were received. This bid was advertised in the newspaper. 2. ALTERNATIVES AND ANALYSIS: The low bid for Typewriterr-Maintenance was submitted by Remex North Co. They have taken` exceptions to our speci- fications. Our specifications required that vendors be authorized by Canon and IBM to perform service. Remex is is not authorized, however, they have serviced our Canon and IBM machines for five of the past seven years with a mininaan of ccmplaints. Therefore, this exception to our specifications should be waived. 3. FUNDING: This Bid is to establish an annual contract. No Purchase Orders will be issued before a requisition approved by the. Budget Office is received. 4. RECOmENDATION: Staff reccammnds that we award IRC Bid #89-12 to Remex North and that staff be authorized to proceed. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bird, the Board unanimously waived the exception taken to specifications and awarded Bid #89-12 for Typewriter Maintenance Contract to the low bidder, Remex North Co., as recommended by staff per the following Bid Tabulation: 5 BOOK 74 PAGE28 SEP � ® SSS BOARD OF COUNTY COMMISSIONERS 1840 25th Street Vero Beach, Florida 32960 BID TABULATION N BID pp DATE OF OPENING �F69-12. TITLE TYPEWRITER MAINTENANCE CONTRA y� \ �J , ITEM 0. DESCRIPTION NO: UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRIC -� p .- EA: $ 159 9Ql3L Sb 1889 V 7q0SZ) aZwb 3 i W EA. $ Gbqq y, 3. S ste. Work Processor.*..� 4. Canon Work Processor c6RO 10, 2) EA. $ f'7 3ss 0 0(0,W3°=1739 . . I Commissioner Wheeler wished to be sure that on any new equipment we don't void a warranty because these people aren't authorized by the dealers, and Purchasing Manager Ambler advised that we go with the original provider during the warranty period. F. Bid #89-20 - Services of Traffic Striping The Board reviewed memo of Purchasing Manager Ambler: 6 SEP 20 1988 t o o K 7, 29 ful TO: William G. Collins II DATE: August 26, 1988 FILE:. • Acting County Ate*+; n strator SUBJECT: MAM OF IRC BID #89-20 ►r SERVICES OF TRAFFIC STRIPING (PAM) FRO REFERENCES: Gds Ambler, C. P.M. Purchasing Manager 1. DF�TION AND CONDITIONS: Bids were opened Wednesday, August 24, 1988 at 2:00 p.m. for IRC Bid #89-20. 14 Invitations to Bid were mailed. 7 Bids were received, including 2 No Bids. This bid was advertised in the newspaper. 2. ALTERNAT= AND ANALYSIS: The low bid meeting specifications for Services of Traffic Striping (Paint) was submitted by Premier Striping Division of Naples, F1. They have taken no exceptions -to our specifi- cation pecification 3. FUNDING: Purchasing is not holding a purchase requisition at this time -c%. Future requisitions will be approved by budget before a Pur Order is issued. 4. ON: Staff recommends that we award IRC Bid #89-20 for Traffic Striping. Services to Premier and authorize staff to proceed: ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bird, the Board unanimously Awarded Bid #89-20 to the low bidder, Premier Striping Division of Naples, Fla., in the amount of $12,900, per the following Bid Tabulation: SEP 20 1988 7 B o o K, 74 Fk, 1193 1 BOARD OF COUNTY COMMISSIONERS 1840 25th Street Vero Beach, Florida 32960 BID TABULATION \ - acv �,,i� •��i (�� G Yi V BID NO. 989-20 DATE OF OPENING -TRAFFIC BID TITLE SERVICES OF STRIPING (PAINT) ITEM NO, DESCRIPTION UNIT PRICE UNITPRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT 1. FDOT - 710-4 Solid Traffic U i0 .iJ 016' Stripe - 4" White edgeline IF Gk)� Extended Total 2. FDOT - 710-4 Solid Traffic 0 .0 Stripe - 4" YEllow Center- line. LF �oya Extended Total = 3. FDOT - 710-1 Skip Traffic e Stripe -'4" yellow Center- line. LF Uz 97W G. Purchase Order for Computer System Terminal The Board reviewed memo of Purchasing Manager Ambler: TO: William G. Collins ii Acting County Administrator DATE Shp r 9, 1988 FILE: SUBJECT: PUS ORDER FOR CCIMPU'lM SYSTEM TERWML FRO � REFERENCES: _e Gus Ambler, C.P.M. Purchasing Manager 1. DESCRIPTION AND CONDITIONS: The Board of County Commissioners gave preliminary approval for the purchasing department to replace our 10 year old IBM 5215 Computer Tenninal with a combination Micro Computer/ Terminal in their July 1988 meetings. This replacement will give the purchasing manager the ability to do main frame and word processing and reduce our shortage of clerical help. 8 Boos 74�(�f L J Purchasing had anticipated purchasing this item from State Contract #600-900-87-1. This Contract will officially expire on September 14,-1988. The special prices granted under this contract will no longer be.available after that date. Purchasing oust therefore, issue a purchase order before September 14, 1988, to take advantage of these prides. With your approval I have issued this purchase order. Because of long delivery times, this item will not be received before Oct. 15, 1988. I have taken the precaution of making this purchase order subject to cancellation until Oct. 5, 1988. Should the BCC desire to cut this item Erten our budget. 2. ALTERIOTIWS AND ANALYSIS: Purchasing can cancel this item"befojce_0ct.,5, 1:988°and do a fonml sealed bid after final budget approval.. There is no guarantee that we will be able to secure the same price schedules that were available on State Contract. The cost of a formal bid will add about l0% to this item if that is necessary. 3. ON: Staff recommends that we proceed with this purchase subject to cancellation before Oct. 15, 1988. Commissioner Eggert felt that the Board had already given approval for the purchase of this item and wondered why there is even a question about it. Acting Administrator Collins advised that his understanding was that we had preliminary approval for the item but not final approval. They want to place the order, and because of the time frame involved, they wanted to be sure they were able to exercise our right of cancellation in the event the Board did not want to proceed with the purchase. Purchasing Manager Ambler advised that this is for the budget starting October 1st. Chairman Scurlock noted that State Contracts are annual, and he has been led to believe there has been some problem in getting things on State Contract in that we have been delaying and placing items so late that we have had trouble getting them. Purchasing Manager Ambler confirmed that they have hada lot of trouble this year with vehicles - a lot of orders were placed in March and April, and it caused a problem. He is trying to address that problem and would like to move as quickly as possible on the vehicles this year. 9 SEP 2 0 1988 mor 74 F�,t 0293 ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously approved a Purchase Order to Executive Business Systems for a Computer System Terminal for the Purchasing Department per the following requisition. INDIAN RIVER COUNTY FUNDSAVA"M REQUISITION BUDGETED DATE REQUIRED is BUDGET OFFICER APPROVAL ALL SHIPMENTS WILL BE DELIVERED TO THE WAREHOUSE UNLESS OTHERWLSE STATED' DEPARTM DESCRIPTION QUANTITY COST a4404 WORKMOB # a2l -;Z16';—,!5_Z9- 4641W D INUAL REOUE G PHONE BLDG ROOM !/.S "5 _�)s;�, 0 f �-Q SZ SO ACCT NO. � � PURCHASE ORDER NO. FINAL APPROVAL SEN ER T�1. yj PHONE BLDG ROOM INDWIDUALRE ESTING - 0 -JAM ap, fi / !o/,701fl? SIGN DA I DATE PURCHASING APPROVAL SUGGESTED VENDOR WAME Q fistA a o �yS�+SELEPHONE NUMBER: ' ATTENTION TO: r ADDRESS VENDOR NUMBERrj'•� CRY. STATE ZIP CODE l!� REM 0 DESCRIPTION QUANTITY COST 194(y 0j S& _�)s;�, 0 f �-Q SZ SO 69oi �cri �. - 0 -JAM ap, fi / !o/,701fl? 0/ 9D . Q ��a FOAL DESTINATION:- ESTINATION:TERMS: TERM GRAND TOTAL DIRECTIONS ON BACK MM -1 IREV 3/881 TOTAL 10 S E P 20 198uL H. Release of County Liens The Board reviewed memo from the County Attorney: TO: Board of County Commissioners FROM Charles P. Vitunac, County Attorney DATE: September 9, 1988 RE: CONSENT AGENDA BCC MEETING 9/x/88 RELEASE OF COUNTY LIENS Lea Keller of this office has processed the following and requests permission for the Chairman to execute the release forms: Release of Water Lien - HEPPLE Unit #203 - PINECREEK CONDO III Release of Sewer Lien - HEPPLE Unit #203." PINECREEK CONDO 111 Release of Water Lien - SCHLITT Kingswood West - Lot 22 Release of Lien for Impact Fees Extension - LINDA L. SMITH. Release of Assessment Lien.- BEDFORD Lot 17 of SUNNYDALE ACRES SUBD. Release of Assessment Lien BIERSCHIED Lot 10 of SUNNYDALE ACRES SUBD. Release of Assessment Lien - PARDEN Lot 18 of SUNNYDALE ACRES SUBD. Release of Assessment Lien - WILLIS Lots 7 & 8, BREEZEWOOD PARK SUBD. Release of Assessment Lien - FILIPE Lots 4 -and 5 of RIVER SHORS ESTATES, UNIT #2 ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bird, the Board unanimously authorized the Chairman to execute the Releases listed above. COPIES OF SAID RELEASES ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD. 11 BooK 74 Pae- 995 I. Budget Amendment #64 - Environmental Control Board The Board .reviewed memo from the Director of Environmental Health:. TO: Board of County Commissioners FROM: Joe Baird - OMB THROUGH: Mike Galanis DATE: Sept -ember 16, 1988 RE: Budget Amendment #64 for Environmental Control Board The Environmental- Control Board has had an Increased number of large code violations. Because of this there has been considerably.. more revenues and expenses than were anticipated in 1987/88 fiscal year. The revenues to date have been 19,760.00 which is almost ten times the anticipated revenue. We are requesting the Environmental Control budget be Increased. The- majority of the increase In expenditures will be In the area of.p-rofessionai services for items such as subpoenas, recording' fees, legal fees, court reporters etc. The Health Department may reimburse us for some of the legal fees; however, this cannot be guaranteed. Due to the on going and current outstanding obligations we need to do this Budget amendment immediately. Recommendation Staff recommends approval of the attached Budget Amendment. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bird, the Board unanimously approved Budget Amendment #064, as follows: Tor Members of the Boar-' of County Commissi ;rs FROM: THROUGH: Joseph Baird jUv 'QCT: QU.DWT AMENRMANT NUMBER: 064 DATES_ Entry Number Fund/De -trt:m?nt/Account Name Account Number Increase Decrease Revenue Environmental/ Env. Fines 118-000-354-02.00 17,000 Expenses Environmental Control/ Professional 118-252-529-033.19 7,000 Env. Control/Postage 118-252-529-034.21 300 Env. Control/Legal Fees 118-252-529-034.91 100 Env. Control/Other Operating 118-252-529035.29 100 Env. Control/Contingency 118-252-529-099.91 9,500 12 SEP 2 0 1 9E318 BooK 74 F'AGEr � PROPOSED TEMPORARY 4 -WAY STOP AT 20TH AVE. & 8TH ST. INTERSECTN The Board reviewed memos from the Recording Secretary of the Transportation Planning Committee and Public Works Director Davis, and attached letter from Mary Jane Mills of Children's Discovery Center: TO: County Commissioners DATE: September 13, 1988 FILE: SUBJECT: Temporary 4 -way Stop Control at 20th Ave. and 8th St. Intersection FROM: Alice E. white REFERENCES: Recording Secretary Transportation Planning Committee The Transportation Planning Committee met this date and recommended approval of an interim 4 -way stop...control at 8th Street and 20th Avenue. T P C, L D 4� TO The Honorable Members of the Transportation Planning Committee L FROM: James W. Davis, P.E. Public Works Director SUBJECT: Temporary 4=Way Stop Control at 20th Avenue and 8th Stkeet Intersection DATE: September 7, 1988 The Technical Complement met on August 31, 1988, to discuss the implementation of an interim 4 -way stop control at 8th Street and 20th Avenue. A traffic signal and road widening project is currently being designed and construction planned for late 1988 or early 1989.. Due to the large number of right angle collisions at this* intersection during the past five years, the Technical Complement recommends that, a 4 -way Stop be implemented as soon as possible. A traffic analysis from the consultant of a proposed child care facility to be constructed east of 20th Avenue and south of 8th Street is attached. �53P�Or P�;;'r. �7 E P 2 0 198 1 3 Mary Jane Mills Owner/Director ,August 3, 198,8- Don 988 Don C. Scurlock, Jr., Chairman. Indian River County Commission 1840 25th Street Vero Beach, Florida 32960 Dear Mr. Scurlock: rinance �= Other We, as owners of the property located 'at -860 20th Avenue, Vero Beach, Indian- River County, r Florida,- are requesting .to be placed on the agenda for. the regularly scheduled: County Commission meeting set for August 23, 1988, for the purpose of discussion with the County Commissioners the possibility of an interim plan relative to the traffic condition at the inter- section of 8th Street and 20th Avenue. If the Commissioners will recall, at your regularly scheduled meeting on April 23, 1987, the Commission approved a special exception for a day care center to be located at 860 20th Avenue, conditioned upon the fact that final construction approval would not be granted until the County installed a traffic light and turn lanes at the intersection of 8th Street and 20th Avenue. As of this date, the engineering for the traffic light and turn lanes has been almost completed and the money has been set aside for this project; however, some time still exists until the signalization project is completed. We have employed the firm of Beindorf and Associates who has a traffic engineer in their employee for the purpose of reviewing the- County's traffic studies and suggesting potential alternatives which would meet the standards set forth by the County. Ordinances relative to traffic. The traffic engineer has concluded that a four way stop sign installation would meet the County's traffic standards. This interim four way stop installation at the corner of 8th Street and 20th Avenue could be in effect until such time as the signalization and turn lane project are actually completed. If this proposed plan of action is approved by the County Commissioners, we would agree to bear the cost of the installation of the signs, and any other costs related thereto. We have: -.briefed Jim Davis and Stan Boling concerning this matter and our approach to meet the requirements of the County Ordinances and enhance the public safety of the subject intersection. We are enclosing, for the County Commissioner's review, the report which we have obtained from the traffic engineer. We would appreciate an opportunity to discuss this situation with the County. Commissioners at your August 23, 1988 meeting. We would appreciate.. your advising us of the agenda on which we will be placed. Yours truly, Wil'il Mind Jane Mills cc: Margaret Bowman Richard Bird Carolyn K. Eggert Gary C. Wheeler 760 20th Avenue, Vero Beach, Florida 32960, (407) 778.5783, I.ic. In Process Acting Administrator Collins advised that this item was put on the agenda by the Transportation Planning Committee, and he had a concern with it because the letter of request from Mr. Mills is proposing a 4 -way stop although the Special Exception was conditioned on the C.O. not being granted until such time as a signal light and turn lanes were installed. Under our Code, an applicant has 30 days to appeal any decision, and no appeal was taken therefore, his concern wa.s.;that we don't set a precedent whereby people can come back and get a second chance to appeal that they aren't entitled to under our Code. Mr. Collins.noted that_, he just wished to let the Board know what his concerns were; although, he does not have them so much any more since he has been told he was in error on some of these points. Engineer Dean Luethje of Carter and Associates, informed the Board that'his firm did the engineering on the site plan for the Mills and he had thought they had things pretty well worked out until this morning when he was just told that the Motion in the Minutes of the meeting of May 19, 1987, stated that before C.O., the Level of Service of "C" had to be obtained, and apparently it was written - i.e., traffic signal and turn lanes. He asked Commissioner Wheeler if that was his recollection of the Motion. Commissioner Wheeler commented that the Minutes were not as specific as they could be. He listened to the tape this morning, and in that meeting he stated that the C.O. should not be issued until a 3 phase light and turning lanes were in place. Commissioner Eggert confirmed that was her memory of what was required also. Commissioner Bird quoted the actual wording of the Motion from the meeting of May 19, 1987, as follows: "MOTION WAS MADE by Commissioner Wheeler, SECONDED by Commissioner Bird, to approve the special exception use requested by Mary Jane Mills with the condition that prior to the issuance of a C.O., improvements be made to the intersection that raise the level of service of the intersection to an acceptable standard, i.e., turning lanes, traffic signal, etc. SEP 2 0 1988 15 mer 71,�',E - � Commissioner Wheeler commented that he actually never men- tioned level of service in the Motion. He simply said he would make the Motion and vote for it based on the stipulation that the light and turning lanes were in place. Chairman Scurlock believed there was a recommendation from our Traffic Engineer not to put a 4 -way stop there. Mr. Luethje agreed that Traffic Engineer. Orr did make that statement. He advised the Board that, along with Mr, Mills, Carter and Associates retained a traffic engineer from Kimley- Horn, who made a study and went in front of the Transportation Planning Committee and showed them on a technical basis that it would be an acceptable interim measure to put the 4 -way stop sign there. Mr. Luethje felt it is to the County's benefit to do that at this particular time from a liability standpoint irregardless of what happens to the child care.center. He admitted that he did not go back to the Minutes and check them; he had just thought if the requirements of the ordinance for a Level of Service "C" were met, it would be acceptable. Commissioner Wheeler noted that when the Commission approves a Special Exception, we can put in specific conditions, and he put those two conditions in the Motion. Commissioner Eggert believed there was a very strong feeling about having a 4 -way stop sign there. She personally felt strongly about 4 -way stops, and as someone who drives in that area frequently, she did not feel that is a good place to have one. She noted that the weeds need to be cut down on that corner, especially to the west. Discussion ensued as to how far we are from having a traffic light at that intersection, and Public Works Director Davis believed the final engineering plans are being put together this week, but it is hard to tell how long it will take us to acquire the R/W and accomplish the utilities relocation. He hoped to be under contract by the first of the year, and then the actual improvements will take 60-90 days. SEP 20 1988 16 Boa 74 raO�F 3100 Chairman Scurlock had a procedural question. We had to have a public hearing and send out notices on the original application for the special exception, which did pass (he wished to note that he did vote against it), and he wondered if we should send out the same notices again if Mr. Wheeler is contemplating changing the conditions of the Special Exception. Commissioner Wheeler emphasized that he had no intention of changing his position. Commissioner Bird noted that he also had reviewed the Minutes and the tape, and he had not remembered how strongly he spoke in favor of a traffic light. He felt, in fairness to the people who attended the meeting, he could not change his position on that at this point; though, in fairness to the people at the children's center, he had not realized that it would take this long to get the intersection improvements done. Public Works Director Davis informed the Board that the hold up is that the engineering companies have been tied up with other work. Engineer Luethje interjected that Kimley-Horn did go through a considerable amount of work making their study of the intersec- tion and he would like to have Engineer Tony Trammel address the Board about why he feels the 4 -way stop sign should be there. Chairman Scurlock wished to know if we did put in a 4 -way stop whether it would meet the requirements of the Special Exception and the intent of the tape, and County Attorney Vitunac advised that the original Motion said that a C.O. could not be Issued until improvements were made to the intersection to improve it to a certain level of service, i.e., turning lanes, traffic signal, etc. - "i.e." meaning "that is" and not "for example;" so, those two items had to be there to meet that condition, and they aren't there. Chairman Scurlock noted that, therefore, the item for discussion is just a 4 -way stop and we are off the subject of the 17 BOOK 74 PA,GE 301 site plan.and Special Exception, which have nothing to do with that. It was agreed that the Board would listen to Mr. Trammel's presentation on that basis. Engineer Tony Trammel of Kimley-Horn came before the Board and advised that he has about 15 years of municipal traffic engineering experience. His firm was requested to examine this location and see what of a technical nature should be provided He noted that 4 -way stops are not universally accepted or rejected; they have to meet certain criteria. They examined this location based on traffic volumes and accident analysis. Mr. Trammel emphasized that there is no question that there should be a signal at this location; the question is when will it be installed and whatshouldbe done in the interim. This inter- section has a very.high preponderance of right angle coil-ision.s. If it had 4 -way stops, it might have the same number of accidents but not -as many right angle collisions which cause the more serious injuries. He stressed that a 4 -way stop is an interim solution for that period of time between when a signal is warranted and needed and when it is operational; so, it is an acceptable method to solve this problem from the standpoint of reducing the number of accidents and injuries. Mr. Trammel noted that in his 15 years as a traffic engineer, he has recommended only three 4 -way stops; this is not something he is recommending lightly. He pointed out that there are two other 4 -way stops in this general area - one at 20th Avenue and 4th Street and one at Dixie Highway and 4th Street - both of which seem to work very well, and he reiterated that he did feel that a 4 -way stop is an appropriate device for an interim measure. rd Commissioner Eggert commented that what frustrates her about a 4 -way stop in this area is that people do not seem to know how to react the way they should and politely take their turn letting the one to the right go first. SEP 20 1988 ' 8 Roos 7 F. E:3041 Chairman Scurlock asked about having some sort of caution signal instead of a 4 -way stop, but Engineer Trammel advised that there is a existing flashing beacon there now, and when you look at the number and the severity of the accidents, it has'not solved the problem. Commissioner Wheeler noted that the right angle accidents here are generally off the southbound 20th Avenue, not so much off the northbound and he felt possibly there is some other way to correct that intersection. Mr. Trammel confirmed there is an offset jog in the north/ south alignment.there and a utility pole in the NW quadrant of the intersection, but he still felt the accidents seem to be fairly equally distributed. Public Works Director Davis believed the Collision Diagrams in the back-up material demonstrate clearly that the accident rates have declined at this intersection since we removed the shrubbery. Commissioner Wheeler asked if this accident rate is out of line with other similar intersections, and Director Davis stated that it is not. He further advised that in order to have a 4 -way stop, the traffic volumes on both roads should be fairly equal. This is about 60/40; if the deviation were any greater than that, we would not even consider it for a 4 -way stop. Commissioner Bird noted that the Mills have gone to a lot of trouble retaining these engineers, feeling that if they can bring this intersection up to an acceptable level of service, it would satisfy the requirements, but the Minutes and the tape of the meeting are so specific about a traffic signal and turn lanes that he did not feel he can go along with a 4 -way stop to satisfy those requirements. He noted that the Transportation Planning Committee has recommended we install a 4 -way stop regardless of whether or not the Child Care Center gets approval to proceed, and he wondered if we should consider going ahead with the 4 -way stop without allowing the child care center to open. E P 2 0 1988 ' 9 Boor 74 i ill 303 Commissioner Eggert continued to express her opposition to 4 -way stops. MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Bowman for purposes of discussion, not to put a 4 -way stop at the corner of 20th Avenue and 8th Street. William Koolage,17yr.resident of the area, spoke strongly in favor of having a 4 -way stop and also of lowering the speed limit on 8th Street. He pointed out that speed limit on 8th Street is 45 mph along its length, which he felt is an unacceptable limit on that street. He also noted that 45 mph to the average driver in the county does not mean that, and the people going west on 8th Street go much faster than 45. Regardless of the petition. for the child care.center, he felt the least the Commission can do for traffic safety in that area is put in a 4 -way stop there and also bring the speed limit down to 35 mph on 8th Street. Director Davis reported that basically there are two ways to establish a speed limit in Florida - (1) the statutory speed, and (2) by shooting the prevailing speeds of the vehicles using that corridor with a radar gun to establish a percentile you can establish above and beyond the statutory speed. He advised that we plan on doing that once the improvements and signalization is up there because to-do that now and then go in and make the improvements, you would simply have to change it all over again, and it is not good to change those things often. He noted that the reason for the traffic speed on 8th Street it that it is a more rural section as you get outside the City. Director Davis informed the Board that the radar gun showed 41 mph as the prevailing speed on 8th Street, and he advised that they are recommending in favor of a 4 -way stop because it is an effective interim solution prior to the signal going up, and it will get people used to stopping on 8th Street. Also, there is a SEP 2 0 1988 20 BOOK 74 F.ti,U 304 substantial percentage of right angle collisions that can be corrected by the 4 -way stop. He believed the 4 -way stop is working well on 20th Avenue and 4th Street. Commissioner Bird noted that although he is basically opposed to 4 -way stops, he has a hard time sitting here and voting against one when the people whose opinion he respects, tells him that it would make the intersection safer. Commissioner Wheeler stated that he also is opposed to 4 -way stops, but he Likes the idea that it will accustom the people using that intersection to stopping there. Commissioner Bowman did not like 4 -way stops either, but she felt after you put up the warning signs that you are going to have a 4 -way stop and then implement it, if we could put policemen there during the heavy traffic hours, possibly we could educate people in the county as to how a 4 -way stop is supposed to operate. She did not believe it is well understood. Commissioner Eggert agreed that it is not, and she felt strongly that there are some other things that we can do at that corner. The vegetation growth must be kept down, and it isn't being done. THE CHAIRMAN CALLED FOR THE QUESTION on the Motion to deny a 4 -way stop. It was voted on and failed 2 to 3, with Commissioners Bird, Bowman and Wheeler voting in opposition. ON MOTION by Commissioner Bowman, SECONDED by Commis- sioner Bird, Commissioner Eggert and Chairman Scurlock voting in opposition, the Board by a 3 to 2 vote approved putting a temporary 4 -way stop at the intersection of 8th St. and 20th Avenue. 21 SEP 20 1988 POCK 74 4 F,,kcif3Q5 EMERGENCY ITEM - WAIVE BIDS & NEGOTIATE FOR REVERSE OSMOSIS MEMBRANES Acting Administrator Collins informed the Board that he had just been handed the following memo in regard to obtaining membranes for the Reverse Osmosis Plant, and it is desired to waive bidding :because of the time factor. TO: William G. Collins II DATE: September 16, 1988 FILE: Acting County Administrator THRU: Terry Pinto, P.- P E�✓� Utilities Director SUBJECT: WAIVE BIDS & NECMMZi'N'. FDR REVERSE OSMOSIS N�'IDRANES-OODTSENT AGE�IDA FR) Am,1t, C.P.M. REFERENCES: Purchasing Manager 1. DESCRIPTION Am rnmTTIONS: Brad O'Keefe our Chief Operator, Indian River Water Plant, has requested that we waive bidding on Reverse Osmosis Membranes. These membranes will cost the County approximately $36,000.00. His justification is that time is of the essence in this purchase in order to prevent damage to existing mem- branes. (memo attached)_ - A formal bid will take 4 to 6 weeks to administer plus 2 to 3 weeks for delivery after that. 2. ALTERNATIVES AMID ANALYSIS: Purchasing procedures allow for bids to be waived if an emergency exists (procedures 2b -d) or if in the best judgement of the County Administrator "it would be feasible to negotiate rather then bid." Two options exist: Bid or Waive Bidding. 3. FUNDING: Purchasing has received a budget approved requisition. 4. RIDATION: Staff recommends that bidding be waived and we be authorized to proceed to purchase. Bill McCain of the Utilities staff confirmed that we have quite a few membranes that are failing, and we need to get new membranes in immediately. 22 SEP 2 0 '1988 poor 74 rPlj - E 306 Chairman Scurlock questioned the emergency nature of this that it can't wait a week to get on the agenda, and Mr. McCain advised that we are looking at a substantial capacity reduction if the membranes start to fail. The Chairman did not have a problem with not going to bidding, but he did not see why we get ourselves in such an emergency situation that seven days makes a difference. Mr. -McCain believed this item initially had been prepared to go on the agenda today, and he did not know why it missed it. ON MOTION by Commissioner Eggert, SECONDED by_Com- missioner Wheeler, the Board unanimously added consideration of negotiating for Reverse Osmosis Membranes to the Agenda as an emergency item. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously waived bidding on Reverse Osmosis Membranes as recommended by staff and authorized negotiating and proceeding to purchase. Acting Administrator Collins wished to further emphasize the importance of items being submitted in time to make the agenda, and Board members concurred. PUBLIC HEARING - AMENDING ZONING CODE RE BOTTLE CLUBS, ADULT ENTERTAINMENT, ETC. 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: 23 SEP 2 0 1988 Boo -K 74 P,q�F107 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 in the pub- lished in said newspaper in the issues of ;11 l Affiant further says that the said Vero Beach Press•Journal is a newspaper published at Vero Beach, in said Indian River County, Florida; and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River 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. n Sworn to and subscribed (SEAL) this jk'� !/ n day of D. 19 1 f( ness Manager) (Clerk of the Circuit Court, Indlarl River County, Florida) NOTICE -;z;4 NOTICE IS HEREBY Florida,nshall hold a� ttunitlog y jto be th�d,,in Chambers 06MGO itag, located at 18401 Florida, on Tuesday. 9.05 am. to Consider nance entitled: AN ORDINANCE COUNTY, FLORIC TION 2. LANGUA6 SEC11ON20..CG: CIAL DISTRICT, HEAVY COMMER TION 21. IL: LIG TRICT, SECTION INDUSTRIAL DISI 25.1 OF APPENDI 1T NUoNUm-.... -_.__ GMEN that the Board of j Of .IndIaW RIvW GO" -- WIC hearing at which par, Wo shalt have an oppor-me County Commissim . my Administration BuddBuW 15th- Strest,'vero Beach, September • 20. 1989, at the adoption -of an.o :i - OF INDIAN RIVER :.... IA, AMENDING SEC-' IE AND DEFINITIONS, GENERAL COMMER ' • • SECTION - 20.1 cCHH: OF TION, SEWRAMUIT, wau �rr�•••" DATE. A copy Of the proposed Ordinarlos will be available at the Planning Departrnant 0mce on the second boor of go County Administration "ding. on September, Anyone who may wish to appeef ury demon which may be mads at this meeting wi8 need to ensure that a verbatim record of the proCOWIngs Is made which' includes the testimony and evi- dence upon which the appeal will be based. Indian River County-;- Board of County Commissioners i , I By: -s -Don C. Scurlock Jr., Chairman August 31. I= Staff Planner David Nearing made the staff presentation, noting that this arose from public concern: �� FA 24 BOOK 74 _�0 SEP ® �9 TO: William G. Collins II Acting County Administrator DIVISION HEAD CONCURRENCE: Robert M. 'KeatiAgl, AICPr Director, Communi y De<relopment Division FROM: David C. Nearing, bew Staff Planner SUBJECT: BOTTLE CLUB AND ADULT ENTERTAINMENT BUSINESS ORDINANCE DATE: September 7, 1988 It is requested that the information contained herein be given formal consideration by the Board of County Commissioners at their regular meeting of September 20, 1988. DESCRIPTION AND CONDITIONS The -Staff of the Planning Department is submitting a request to amend various sections of. the County Code dealing with places where alcohol is consumed and establishments where adult enter- tainment is provided. Pursuant to public concern, -.the staff has researched two specific types of uses not currently covered under County Code; those are bottle clubs and adult entertainment businesses. Currently, only one bottle club exists in the unincorporated portions of Indian River County; no adult entertainment businesses have yet been established. On August 25, 1988, the Planning and Zoning Commission voted unanimously to recommend approval'of this request as presented herein. Bottle Clubs At present, the staff treats bottle clubs as a use similar"to an eating or drinking establishment, more specifically that of a bar or lounge. However, a closer examination of bottle clubs shows that they actually fall into a gray area. Though they, like bars and lounges, are places where alcoholic beverages are consumed on-site, great differences exist. Bottle clubs are not normally open to the general public, are not limited in hours of operation established under state law, are not actually governed under state law, and they do not require- a liquor license since no alcohol is actually sold to patrons. The patrons provide their own alcoholic beverages, while the bottle club only sells the ice, non-alcoholic beverages (mixers), and provides other materials necessary for the preparation of an alcoholic cocktail to be consumed on site. Due to the many differences between bottle clubs and bars and lounges, especially the fact that bottle clubs are not regulated by alcoholic beverage laws, this use falls between bars and lounges and social clubs. Social clubs fall under the category of civic and social member- ship clubs such as the Moose Lodge, the Elk Lodge, or the Knights of Columbus. These uses are permitted in several commercial districts, including the MED, Medical District, where bars and lounges are not a permitted use. Currently, bars and lounges are permitted in the CL, Limited Commercial, district as a special exception use and in the CG, General Commercial, district as a permitted use. EP 2® 1988 25 S BOOR 74 r,,u399 Adult Entertainment Businesses Adult entertainment businesses include such uses as adult book- stores, adult theaters and mini -theaters, adult arcades, and other similar uses. In, general, these uses are not open to. the general public, since state law prohibits their use by minors. However, under current county code, no differentiation is made between uses such as bookstores and adult bookstores. Therefore, if a request were made to locate an adult bookstore in a MED or CL district, the County would be required to approve it. How- ever, the impact of an adult entertainment business, such as a bookstore, differs highly from that of its bookstore counterpart open to the general public. Nudity Where Alcohol is Consumed During its review of bottle clubs, the staff reviewed County codes dealing with nudity in places where alcohol is consumed. It was found that even though nudity is prohibited in establishments where alcohol is sold for on-site consumption, it is not prohibited where alcohol is consumed on the premises but not sold by the establishment. Therefore, it is. currently possible to have a topless bottle club, since no alcohol. is sold on the premises, but is consumed there. ALTERNATIVES AND ANALYSIS Staff has. reviewed the _referenced uses to determine their potential impacts. on surrounding properties and on the County as a whole. Even though no.adult entertainment uses currently exist in the County; there is, A-. need to enact regulations controlling future proposals for establishing adult uses. The attached report documents the adverse impacts caused by adult uses in other communities and assesses the potential for such impacts to occur in Indian River County if an adult entertainment business were to be established. This analysis provides the basis and justification for establishing adult entertainment regulations. Besides adult uses, bottle clubs are also addressed in this item. Two issues, in particular warrant•concern..with respect to bottle clubs. First, there is a need to clarify the definition of bottle clubs and to set location criteria for the use Second, there is a need to ensure that bottle clubs adhere to.the same regulations as establishments with alcoholic -beverage licenses. Adult Entertainment Businesses As the basis for establishing adult entertainment business regulations, the staff reviewed studies, conducted for and by various municipalities, which address the impacts of adult entertainment businesses on areas in which they are located. Based upon this analysis, the staff prepared the attached report on adult entertainment uses. Basically, the report documents the adverse impacts which can be attributed to adult entertainment uses; these include increased crime, decreased property values, and increased encroachment by outside traffic. It also establishes that, when adult businesses are permitted to group together, the adverse impacts are compounded. The attached report also addresses the various legal issues involved with the regulation of adult uses. Based upon the potential impacts of adult uses, the legal issues involved, and the experience of other jurisdictions, the report outlines several regulatory options for handling adult uses. Generally, the alternatives are dispersal versus concentration and land use regulation versus permitting. Based upon the analysis provided in the report, the staff's position is that adult uses should be limited to certain zoning districts and subject to specified separation distances. 26 8001( '14 S E P � � � M Bottle Clubs. No studies currently exist which address several assumptions can be made. Since highly regulated in terms of hours of consumption, the possibility for several exists. bottle clubs. However, bottle clubs are not operation and liquor major adverse impacts Without control on hours of operation, a bottle club could. conceivably operate throughout the night. This results in late night traffic flows, late night lighting of parking areas, and late night noise. When these activities occur during normal sleeping hours, such activities can have a substantial impact on adjacent residential areas. Because of their. operational characteristics and the absence of regulation on them, bottle clubs can have a tendency to disrupt areas in other ways, including a higher number of intoxicated patrons and higher incidences of disruptive behavior. For those reasons, it is staff's opinion that bottle clubs should be regulated by setting hours, of operation, limiting locations, and setting separation distances.. Alcohol and Nudity Bottle clubs are not currently regulated under the County laws pertaining to nudity in places where alcohol is sold for on-site consumption. Bottle clubs could, in effect, become adult enter- tainment places where alcohol can be consumed. This is contrary to -the--spirit and intent of the current County ordinance. As explained .in the*attached. adult entertainment report, this use tends to impact. ­ crime, -property values, and traffic. When these impacts are combined with the potential problems identical with bottle clubs, this'coiild: result in adverse effects upon the community. Staff's opinion. is.: that places where" alcohol is consumed should be subject to the same regulations that.currently govern nudity in places where alcohol is sold for on-site consumption. RECOMMENDATION Staff has prepared three sets of proposed -regulations. Adult Businesses The first set deals with control of adult businesses. It places them in the IL, Light. Industrial, and IG, General Industrial districts. In general, these districts are the most removed from residential areas and from more retail oriented commercial areas. This will minimize impacts on adjacent residential areas. Further, the criteria establish a 1000 ft. separation from other adult businesses to disperse impacts, and from residential areas, churches, schools, parks and playgrounds to protect those uses. Bottle Clubs The regulations for bottle clubs place this use in areas more removed from residences, those being the CG, General Commercial, and CH, Heavy Commercial districts. It also establishes adequate buffering and separation distances. The separation distance of 1000 feet from other bottle clubs will minimize and disperse impacts. The separation from churches, schools, parks and playgrounds is similar to that required of other uses where alcohol is consumed on-site. Additionally, hours of operation have been set to minimize the impacts on adjacent residential uses. Alcohol and Nudity Staff recommends that Chapter 2-3 dealing with nudity in places where alcohol is sold for on-site consumption be amended to include establishments where alcohol is consumed on-site. Staff recommends the approval of these ordinance amendments. 27 p SEP 2 0 N80 BOOK 74 M Chairman Scurlock stated that his concern with bottle clubs is that they can just get some storeroom type structure basically to set up their operation very inexpensively and circumvent our established hours of operation. He wondered if the County could pass an ordinance to license bottle clubs. Planning Director Keating advised that licensing is one means -other jurisdictions have used to control these types of uses. Staff, however, felt that zoning limitations, separation distances and restriction to certain districts, was probably a better way. The -Chairman believed that licensing could be another aspect beyond meeting those certain requirements, and Commissioner Wheeler also felt it would be easier if we could just revoke their license for a violation rather than having to go through all the hearings just to fine them, and then be ignored. Chairman Scurlock stated that he would like to pursue researching licensing as an additional vehicle beyond saying where these establishments can exist. Attorney Vitunac believed we then would have to set up a licensing division, and discussion continued at length about the advantages of licensing, how it could be done, etc. Commissioner Bowman wished to know if licensing could be included in this ordinance and was informed it would have to be separate. Director Keating agreed that the advantage of the revocation of a license is that it would give the county the ability to go out and actually stop them from operating as opposed to Code Enforcement action, which just has the ability to fine them. Commissioner Bird felt Attorney Vitunac will have to place us on solid legal grounds as to what we can license and what we can't, and Attorney Vitunac felt it would be similar to the occupational license for fortune tellers who are singled out from the general group and have to meet certain tests. 11%8f% 28 Er 2 9 a Boy 74 312 Staff Planner Nearing informed the Board that staff looked at ordinances dealing with this problem not only from Florida municipalities, but also from Dallas, Texas; Phoenix, Arizona; Los Angeles, etc., and staff felt what they put together was a good ordinance that doesn't overstep what the courts consider to be our limits. Discussion then ensued as to just where these type estab- lishments can be located, and Planner Nearing, referring to the. map, advised that adult entertainment establishments could be located basically at the I-95/CR 512 node the U.S.I/510 node; the Winter Beach node the Lindsey Road node; and Lindsey Road at U.S.I; south of South Gifford Road near the Airport; and the 1-951SR60 Node and Oslo at 74th Ave. Bottle Clubs could be in a. broader area, and it is very difficult to show just where -they could be established. Chairman Scurlock believed we can control the bottleclubs by passing an ordinance to limit their hours the same as bars, and Director Keating advised that the Board could change this ordinance to limit the hours. Staff Planner Nearing wished to point out a change staff would Like to make under definitions on Page 10 of the proposed ordinance. He advised that the definition under the Adult personal service business now refers to "a person of one sex...... providing personal services for a person of the other sex......." It was felt this definition is not broad enough, and that it should be changed to read "a person ......... providing . personal services for another person," and remove all reference to another sex. Commissioner Eggert commented that on page 11 of the ordinance, still under definitions, c.3.(a) - the word "frotage" should be spelled "frottage." Chairman Scurlock wished to know what we need to do to change the language to make the operating hours for bottle clubs the same as those established for bars. 29 Boor 74 PAL e� SEP � ® � r ® s Planner Nearing advised that Page 7 of the ordinance sets the hours of operation for a bottle club from 7:00 A.M. to 1:00 A.M. where a bottle club is located adjacent to a residential zoning district, and we could just eliminate the the language regarding being located adjacent to a residential zoning district. Commissioner Bird did not want to sound like a proponent for Bottle Clubs, but he noted that there is a certain segment of our community, those who work odd hours on different shifts, who do enjoy the hours a bottle club can provide. Commissioner Wheeler felt the problem is that we do have a 1:00 A.M. closing hour for bars, and he believed this is simply a way to get around that law. Commissioner Bird did agree they seem to abuse that privilege, but he was just saying that if they were properly run, there would be a certain segment of our community that would enjoy them. However, they have been misused; so, it seems we will have to limit them. Commissioner Wheeler believed that -bars have certain controls through licensing, etc., and he felt bottle clubs should be controlled the same way. Commissioner Bowman objected to the use of the word "cocktails" in the ordinance, and felt it should just refer to "alcoholic beverages." Commissioner Bird commented that right now he felt we have a model county without adult bookstores, so-called adult entertain- ment businesses, etc., and he did not believe we want those kind of things. We are told that by law we can't prohibit them, but he would like to prohibit them as much as we possibly can. Commissioner Eggert advised that the reason she asked this amendment be pursued in the first place is that a realtor told her that there was someone looking for property to put in an adult book store. SEP 20 1988 30 mer 74 P, , E 3J Chairman Scurlock asked how this would affect the video stores, and Planner Nearing explained that in our definition we use the standard of 1120% stock in trade's or 1120% of gross receipts," and if we could establish that a video store was exceeding either of those standards, they would classify as an adult business. The Chairman asked if anyone present wished to be heard. There were none. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously adopted Ordinance 88-43 amending the Zoning Code re the establishment of Bottle Clubs and Adult Entertain- ment Facilities, etc., in certain districts with the various changes discussed - the limitation of the hours for Bottle Clubs; the elimination of the words "of one sex" under the definition of Adult Personal Service Business; correct the spelling of "frottage;" and use the phrase "alcoholic beverages" rather than "cocktails." ORDINANCE NO. 88- 43 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20. CG: GENERAL COMMERCIAL DISTRICT, SECTION 20.1 CH: HEAVY COMMERCIAL DISTRICT, SECTION 21. IL: LIGHT INDUSTRIAL DISTRICT, SECTION 22 (A). IG: GENERAL INDUSTRIAL DISTRICT, AND SECTION 25.1 OF APPENDIX A OF THE CODE OF LAWS AND ORDINANCES OF INDIAN RIVER COUNTY, FLORIDA, KNOWN AS THE ZONING CODE; PROVIDING FOR ESTABLISHING BOTTLE CLUBS AS SPECIAL EXCEPTION USES IN THE CG AND CH DISTRICTS, ADULT ENTERTAINMENT FACILITIES AS SPECIAL EXCEPTION USES IN THE IL AND IG DISTRICTS, AND PROVIDING FOR DEFINITIONS OF BOTTLE CLUBS AND ADULT ENTERTAINMENT FACILITIES; AND TO AMEND CHAPTER 2, ALCOHOLIC BEVERAGES, -SECTION 2-3. CERTAIN ACTS PROHIBITED IN ESTABLISHMENTS SELLING BEVERAGES, OF THE CODE OF LAWS AND ORDINANCES OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR THE PROHIBITION OF CERTAIN ACTS OF NUDITY IN ESTABLISHMENTS WHERE ALCOHOL IS CONSUMED ON THE PREMISES; AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATIONr SEVERABILITY, AND EFFECTIVE DATE. ORDINANCE 88-43 IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD IN ITS ENTIRETY. 31 BOOK 74 fA;,L� E P 2 0 198 SALARY SURVEY IMPLEMENTATION Acting Administrator Collins reviewed his memo, as follows: oar o County ep em er 14. 1983 T�: Commissioners DATE: FILE: SUBJECT: SALARY STUDY IMPLEMENTATION FROM: William G. Collins, 11 REFERENCES: Acting County Administrator BACKGROUND The highest priority matter assigned to me as I stepped into the position of Acting County Administrator was the implementation of the salary study prepared by Towers,. Perrin, Forster 6 Crosby ( TPF E C) . The study evaluated each job classification in the County in terms of a number of different factors, each of which was given a different weight. The intent apparently was to quantify the relative worth of different job classifications within the County system. The results of this objective quantification were necessarily. affected by the level of detail which each employee put into their job description and was without qualitative *,checks as to self-aggrandizement and puffery. Because the- outcome . was totally numerical based on the formula into which. the weighted- factors were inputted, some curious results occurred in terms of relative classifications. In my opinion the salary study is useful (although it clearly has some imperfections) for the vast majority of our non-exempt employees and laborers, that is, hourly rate employees. The study has serious shortcomings with respect to its evaluation of exempt and administrative employees,- especially mployees,especially in the top 30 to 50 positions in the County. The results of `the salary survey for the top administrative and professional employees within the County system were checked against the market -by sending salary surveys to nearby local governments. We received -responses in varying degrees of completeness from Brevard County,. Palm -Bay;, St. Lucie County, Martin County, Palm Beach County, and Port St. Lucie. The high, Mow and average salaries for each of these jurisdictions was averaged in order to determine a market range for administrative and professional salaries in this vicinity. Once this market information was determined, it was compared to our existing salary structure for top administrative and professional employees. The greatest disparities from our market survey were for the Community Development Director, who was substantially underpaid according to the market, and the Personnel Director and Emergency Management Services Director whose market salary range was � substantially lower than that indicated in the salary survey. The top administrative and professional positions in the County organizational chart were plugged into salary ranges based on market results, and the bulk of the approximately 500 County employees were given salary adjustments to reflect full implementation of the salary survey recommendations. Some necessary adjustments were ( that is department head to de and vertically ( that is wi organizational framework) . Al proposed ranges for each job c employee's placement within the I determined to allow each emp 9% for each year of service up employees who had 9 years s employee had 4 years of service 9% credit for each year of ser their proposed salary range. 1 in the Florida Retirement Sys because I believe it is psycho) your proposed range, with made to remove inequities horizontally )artment head, division head to division head) hin the hierarchy of each department's ;o, since the salary survey only indicated lassification it was necessary to calculate each proposed range based on the seniority factor. oyee to receive seniority credit at the rate of to a maximum seniority credit of 81% for those :rvice. This means for example, that if an with the County, the employee would receive vice and thus be placed 36% of the way into his method was chosen because employees vest .em on their 10th year of service and also )gically demoralizing to be at the maximum of no prospects of future advancement. 32 f 00f4 f'" ;c. E P ® 198J Reciprocally, however, it is true that after a certain number of years you have learned your job fully and your value to the -County does not increase as rapidly as in the early years when an employee is learning their job and becoming more productive. RESULTS Having decided on the methodology to be used in implementing the salary survey, that is utilizing the proposed ranges from the salary survey, with modifications to place people properly within their proposed ranges based on seniority, and with modifications for the top 30 to 50 administrative and professional employees based on market, I then generated the necessary calculations for each employee. Being mindful of the strong possibility that full implementation of a new salary program would not be possible, due to budgetary constraints, determined the following priorities for salary survey implementation. Priorities: 1. Raises to bring the employee to the minimum of their salary range, and then properly place them in the range based on seniority. Z. For employees already starting at a pay level within their proposed salary range, apply seniority factors to properly place them within their proposed range, or give them a 5% salary adjustment, whichever is greater. 3. Those employees presently -within their proper range, but earning more than proper seniority. placement would warrant, receive a 5% adjustment. (Salary .adjustments are. warranted for the.. following reasons: A. 5% approximately tracks the national inflation rate; B. Salary increases nationwide have been approximately 50 this year; C. The salary survey data itself was compiled in November of 1987, hence it is approximately a year out of date already.) 4. Those employees presently above their range maximum, or who will be above the range maximum with a 5% salary adjustment. I had hoped that if we ran into budgetary constraints_ I -could utilize these priorities in implementing the more - warranted 'salary adjustments. Unfortunately, priority 1 implementation represented- about 75 percentage of the total cost of full implementation; therefore the priorities . established were not the effective budgeting tool that I had hoped they would be. I .discussed my preliminary calculations as to the fiscal requirements to. implement the salary survey with Budget Director Joe Baird. Our preliminary review indicates that the budgeted funds for fiscal year 1988/89 will be short of the total funds necessary to implement the salary survey. RECOMMENDATION feel that it is very important to implement the salary survey at the time the new fiscal year begins October 1st (in fact, because County pay periods end on a Thursday, I would recommend implementing a new salary plan effective Friday, September 30, 1988 in order to avoid the need for 500 plus manual check adjustments that would be required if we had one day of a pay period under our present salary structure and the other 9 days of the pay period under a new salary structure to be implemented pursuant to the salary study.) My discussions with department heads and division heads in the first week upon assuming the position of Acting County Administrator clearly demonstrated to me that some implementation of the salary study was imperative to employee moral. Inquiries in the hallway from scores of employees confirmed that point. There is a general impression among employees that salary studies come, and salary studies go, but they are never implemented so that employees never reap the benefits of a salary adjustment. It is clear that implementation of the salary survey would result in at least 5% increases for each employee and in some cases result in substantial upward adjustments of salary, which adjustments would reflect both seniority and merit according to the salary survey and the job market itself. As stated above full implementation is not possible within the 33 SEP 2 0 1988 BOOK 74 P, 1317 constraints of our budget for fiscal year 88/89. Therefore, I wish the Board to consider the following alternatives: Alternative 1 - Implement the salary survey with each employee having an across the board markdown to reflect the budgetary limits. Thus, if an employee would be projected to have a $2,000 raise under full implementation of the salary survey, but the budget could only fund a 90% implementation of the salary survey, then that employee would receive an $1,800 rather than a $2,000 raise. Alternative 2 - Place some maximum limits on employee raises for this fiscal year. For example, no employee would receive a raise in an amount greater than $5,000 and/or greater than 30% of their current salary. (There are some employees who will have substantial increases in pay under the full implementation of the salary survey. It is my belief that many of these large increases are fully warranted. In the event an employee recommended for a large increase is not benefited by full implementation of the salary survey, then raises greater than $5,000 a year or 300 of their _current salary should be assured in FY89/90 so that the final phase of their recommended increases will be phased in by the next fiscal year. Such delay in phasing in their salary increases should not adversely affect whatever cost of living adjustments other employees might be granted a year from now. Alternative 3 - Give the Acting County Administrator the authority to work with the Budget Director in an attempt to make -adjustments to the salary survey on an equitable basis in an attempt at full implementation of the study -recommendations. I believe that there are some glaring inequities in :the salary. study that warrant adjustments which may yield a good share of the -deficit. in. our currently budgeted revenues. For example, many library workers were shown as warranting $7,500 - $12,000 increases. Such raises would place the pay for the various library job classifications approximately $5,000 to $10,000 higher than their respective counterparts in the St. Lucie County Library System. Such raises would also place virtually all library workers in a position where they would be making more than any other county employees save for department heads, division heads, and top professional personnel. I suspect that substantial savings can be affected by making adjustments to the salary survey recommendations for library workers, while still granting those workers substantial increases which make their pay scales more than competitive with nearby counties. _ Also,. there are several positions included within the salary survey which positions are not truly county employees. For instance, several persons shown on .the salary survey such as Housing Authority and Rental Assistance workers are not technically county employees but their pay checks are processed through the County payroll system. It should be up to the Housing Authority Board to determine whether or not to give their own employees rate increases or not. The same situation may apply to certain employees in the Soil Conservation Service, Agricultural Extension Office, etc. If my calculations can be reiterated to reflect what I consider to be equitable adjustments and to correct glaring salary study defects, then I believe the salary survey recommendations may be able to be fully implemented with minimal resort to alternatives 1 or 2 above. CONCLUSION I recommend that the Board of County Commissioners authorize the Acting County Administrator to work with the Budget Director to make equitable adjustments and recalculations necessary to fully implement the salary survey. Should such adjustments not allow full implementation of the salary survey under current budgetary constraints, then the Board should authorize the Acting County Administrator and Budget Director to proceed with Alternative 2, phasing in the largest of the salary increases over a two year period. Across the board cuts should be implemented as last resort because of their disproportionate affect on the lowest salaried workers. The Board should authorize the implementation of the new salary scheduled effective as of the pay period beginning September 30, 1988. 34 600K � f'j;E •.�� E P 2 0 198 Chairman Scurlock wished to compliment Mr. Collins on.the time and effort he has spent on this and wished him to understand any comments the Commission may make are not criticism, but just constructive input. Commissioners Eggert and Wheeler added their commendations. Acting Administrator Collins expressed his appreciation, but noted that unfortunately, even with all the work, we do not necessarily have a perfect product and there are still adjust- ments to be made. He emphasized, however, the importance of taking some action now as he felt the worst thing we could do at this point is put the study back on the shelf and fine tune it for another year. Mr. Collins clarified that what is proposed does give each county employee at least a 5% raise for this year, and it does give raises to those people the salary survey identified as being significantly underpaid. Commissioner Eggert asked the appeal process for someone who feels they are in the wrong classification. Acting Administrator Collins stated that this has been handled unevenly up to now. There were -approximately 120 people who appealed their classification, and the Personnel Department reviewed and analyzed whether there was or wasn't merit to those appeals. if there was merit, we have made the adjustments and incorporated that into this pay plan. The problem is that certain departments were told that no appeals would be enter- tained until after the survey was implemented, and that is really not fair. All we can do, however, is ask any employee who feels their classification is incorrect to submit a request for re-evaluation, process it through their department head, and we will have the department head meet with Personnel and re-evaluate these as we can. If there does need to be a correction, we will make it in the next fiscal year or if there are some funds available because someone quits, possibly we can accomplish it this year. Acting Administrator Collins noted that we can't entertain every appeal right now; we have to draw the line 35 SEP 2 o 1988 Roos 74 FE J� 9 somewhere, but we must do something. and if it isn't totally fair, we will let people appeal after October 1st and then process it. He continued that he asked OMB Director Baird to give some idea of the financial impact of the proposed implemen- tation. We do have some problems, especially with the MSTU funds, and that fund largely.finances Community Development which is one of the areas; in need of the greatest adjustment They are turning into,a training ground and then losing people simply because we are not paying competitive wages. OMB Director Baird noted that the Board has been given. information setting out salary increases by fund. In state law we have to budget by fund. The health insurance is broken out separately and it has increased as shown in the following comparison sheet: HEALTH INSURANCE COMPARISION PER MONTH PER MONTH INCREASE 1987/88 1988/89 PER CENT DEPENDENT $221.22 $236.89 15.67 SINGLE $85.45 $89.70 4.25 ANNUAL INCREASE $188.04 $51.00 Director Baird then reviewed the various funds, as follows: IP 20 1998 36 130QK 4'Q m 37 SEP ® 1988 BOOK 74 u GE • 9.11 SALARY INCREASES INCLUDING BENEFITS BY FUND FULL $5,000 IMPLEMENTATION CAP 001. GENERAL FUND SALARY AND BENEFITS $429,949 $382,595 HEALTH INSURANCE $17,953 $17,953 TOTAL $447,902 $400,548 004 M.S.T.U. SALARY AND BENEFITS $127,921 $107,718 HEALTH INSURANCE $2,544 $2,544 TOTAL $130,465 - $110,262 107 HOUSING. SALARY AND BENEFITS $2,619 $2,619 HEALTH INSURANCE $616 $616 TOTAL $3,235 `$3,235 108 RENTAL ASSISTANCE SALARY AND BENEFITS $3,188 $3,188 HEALTH INSURANCE $102 $102 TOTAL $3,290 $3,290 111 ROAD AND BRIDGE SALARY AND BENEFITS $262,114 $247,023 HEALTH INSURANCE $17,088 $17,088 TOTAL $279,202 $264,111 114 SOUTH COUNTY.FIRE DISTRICT SALARY AND BENEFITS $31,064 $31,064 HEALTH INSURANCE $14,285 --------------- $14,285 TOTAL $45,349 ------------ $45,349 173 PETITION PAVING SALARY AND BENEFITS $34,780 $34,036 HEALTH INSURANCE $2,084 $2,084 TOTAL $36,864 $36,120 37 SEP ® 1988 BOOK 74 u GE • 9.11 r � � SALARY INCREASES INCLUDING BENEFITS BY FUND 411 SOLID WASTE DISTRICT ,SEP 20 1988 38 Boar, �, 2 SALARY AND BENEFITS $101,565 $98,730 HEALTH.INSURANCE $5,125 $5,125 TOTAL $106,690 $103,855 418 GOLF COURSE SALARY AND BENEFITS $61,485 $57,858 HEALTH INSURANCE $3,057 $3,057 TOTAL $64,542 $60,915 430 GIFFORD SEWER PROJECT SALARY AND BENEFITS $1,365 $1,365 HEALTH INSURANCE $188 --------------- $188 TOTAL $1,553 ------------ $1,553 441 BUILDING DEPARTMENT SALARY AND BENEFITS $37,156 $33,063 HEALTH INSURANCE. $2,802 $2,802 TOTAL $39,958 $35,865 471 UTILITIES SALARY AND BENEFITS $109,879 $108,264 HEALTH INSURANCE $7,841 $7,841 TOTAL $117,720 $116,105 501 FLEET MANAGEMENT SALARY AND BENEFITS $47,194 $42,176 HEALTH INSURANCE $1,572 --------------- $1,572 TOTAL $48,766 ------------ $43,748 GRAND TOTAL $1,230,671 $1,135,109 ,SEP 20 1988 38 Boar, �, 2 GENERAL FUND 101 BOARD OF COUNTY COMMISSIONERS 102 COUNTY ATTORNEY 108 RECREATION 109 VERO BEACH LIBRARY 112 SEBASTIAN LIBRARY 118 IR SOIL/WATER CONSERVATION 119 LAW LIBRARY 201 ADMINISTRATOR -OPERATIONS 203 PERSONNEL OFFICE 206 VETERANS SERVICE 208 EMERGENCY MANAGEMENT 210 PARKS 211 WELFARE 212 AG EXTENSION 213 YOUTH GUIDANCE 216 PURCHASING 220 BUILDING AND GROUNDS 229 BUDGET OFFICE 246 RISK MANAGEMENT 250 ANIMAL CONTROL 25.1 MAILROOM/SWITCHBOARD 901 CIRCUIT COURT 908 PROBATION TOTAL GENERAL FUND M.S.T.U. 004-108 RECREATION 004-204 PLANNING AND DEVELOPMENT 004-205 COUNTY PLANNING 004-207 CODE ENFORCEMENT 004-234 FRANCHISE ADMINISTRATION TOTAL M.S.T.U. 107-226 HOUSING AUTHORITY TOTAL HOUSING AUTHORITY 108-222 RENTAL ASSISTANCE TOTAL RENTAL ASSISTANCE SALARY INCREASES SALARIES BEFORE $5,000 CAP $11,302 $16,607 $37,543 $40,180 $17,651 $532 $6,026 ($2,279) $11,725 $17,274 $10,993 $30,358 $15,706 $2,560 $14,377 $10,826 $39,954 $6,504 $6,485 $21,523 $6,101 $766 $13,485 $336,199 $15,385 $13,690 $30,818 $35,397 $7,047 $102,337 $2,095 $2,095 $2,250 $2,250 S E P 20 1988 39 BOOK SALARIES WITH $5,000 CAP $11,302 $16,607 $28,465 $36,619 $17,651 $532 $5,000 ($2,279) $11,725 $14,199 $10,993 $30,358 $10,386 $2,560 $9,088 $7,450 $39,331 $6,504 $6,485 $16,927 $6,101 $766 $11,536 $298,306 74 pf }E " $10,948 $9,603 $29,443 $32,617 $3,563 $86,174 $2,095 $2,095 $2,250 $2,250 ROAD AND BRIDGE 111-214 ROAD AND BRIDGE 111-243 PUBLIC WORKS 111-244 COUNTY ENGINEERING 111-245 TRAFFIC ENGINEERING TOTAL ROAD AND BRIDGE 173-214 PETITION PAVING TOTAL PETITION PAVING 411-209 REFUSE 411-217 SOLID WASTE TOTAL SOLID WASTE 418-221 GOLF COURSE TOTAL GOLF COURSE 430 441 C,vml 501 L� GIFFORD SEWER PROJECT TOTAL GIFFORD SEWER PROJECT BUILDING DEPARTMENT TOTAL BUILDING DEPARTMENT UTILITIES TOTAL UTILITIES FLEET MANAGEMENT TOTAL FLEET MANAGEMENT SALARY INCREASES SALARIES BEFORE $5,000 CAP $140,184 $8,966 $27,275 $33,266 $209,691 $27,824 ---------- $27,824 $23,479 $57,773 $81,252 $49,188 $49,188 $1,092 $1,092 $29,725 $29,725 $87,903 $87,903 $37,755 $37,755 40 SEP 2 0 1988 BOOK, SALARIES WITH $5,000 CAP $129,085 $8,966 $27,260 $32,307 $197,618 $27,229 $27,229 $23,479 $55,505 $78,984 $46,286 $46,286 $1,092 $1,092 $26,450 $26,450 $86,611 $86,611 $33,741 $33,741 74 F�,OA24 SALARY CONTINGENCY SHERIFF: GENERAL FUND IF IMPLEMENTING TOTAL INCREASES ------------------------------- HEALTH INSURANCE: LAW ENFORCEMENT $30,345 CORRECTIONS $12,573 $42,918 SALARY: LAW ENFORCEMENT $265,952 CORRECTIONS $115,270 $381,222 SUBTOTAL PROPERTY APPRAISER: Baa-���aaaa HEALTH INSURANCE $4,185 SALARY RAISES $3,981 SUB -TOTAL SUPERVISOR OF ELECTIONS: vaac=_ aaa=aaaaaaaaa_ SALARY RAISES $13,098 HEALTH INSURANCE $770 SUB -TOTAL CLERK OF CIRCUIT COURT: HEALTH INSURANCE $4,580 AMOUNT AVAILABLE FOR BOARD OF COUNTY COMMISSIONERS RAISES BOARD OF COUNTY COMMISSIONERS: HEALTH INSURANCE $17,953 SALARY RAISES $429,949 DEFICIT REVISED: 09-20-88 $852,698.00 $424,140 $428,558 $8,166 $420,392 $13,868 $406,524 $4,580 $401,944 $447,902 ($45,958) SEP 2 0 19188 41 BOOK. 74 Ff )r X2,5 I SALARY CONTINGENCY SHERIFF: HEALTH INSURANCE: LAW ENFORCEMENT CORRECTIONS. SALARY: LAW ENFORCEMENT CORRECTIONS SUB -TOTAL GENERAL FUND IF IMPLEMENTING $5,000.00 CAP ----------------------------- $30,345 $12,573 $42,918 $265,952 $115,270 $381,222 PROPERTY APPRAISER: HEALTH INSURANCE $4,185 SALARY RAISES $3,981 SUB -TOTAL SUPERVISOR OF ELECTIONS: SALARY RAISES $13,098 HEALTH INSURANCE $770 SUB -TOTAL CLERK OF CIRCUIT COURT: HEALTH INSURANCE $4,580 AMOUNT AVAILABLE FOR BOARD OF COUNTY COMMISSIONERS RAISES BOARD OF COUNTY COMMISSIONERS: HEALTH INSURANCE $17,953 SALARY RAISES $382,595 $852,698 $424,140 $428,558 $8,166 $420,392 $13,868 $406,524 $4,580 $401,944 $400,548 REMAINING BALANCE $1,396 bd% 1988 ,p��q 42 mom, 74 326 M. S. T. U. IF IMPLEMENTING $5,000.00 CAP ---------- ------- SALARY CONTINGENCY $60,782 HEALTH INSURANCE 52,544 $58,238 SALARIES: NORTH COUNTY RECREATION $10,948 COMMUNITY DEVELOPMENT ' $71,663 UTILITY FRANCHISE $3,563 SUB -TOTAL $86,174 BENEFITS (25%) $21,544 $107,718 DEFICIT ($49,480) Y M. S. T. U. IF IMPLEMENTING TOTAL INCREASES ------------------------------- SALARY CONTINGENCY $60,782 HEALTH INSURANCE 52,544 $58,238 SALARIES: NORTH COUNTY RECREATION $15,385 COMMUNITY DEVELOPMENT $79,905 UTILITY FRANCHISE $7,047 SUB -TOTAL $102,337 BENEFITS (25%) $25,584 $127,921 DEFICIT ($69,683) SEP 20 1938 43 am 74, p"'JE ?7 ROAD AND BRIDGE IF IMPLEMENTING $5,000.00 CAP ----------------------------- SALARY CONTINGENCY $200,000 HEALTH INSURANCE $17,088 SUB -TOTAL $182,912 SALARIES: ROAD AND BRIDGE $129,085 PUBLIC WORKS $8,966 ENGINERING $27,260 TRAFFIC $32,307 SUB -TOTAL $197,618 BENEFITS (25%) $49,405 $247,023 DEFICIT ($64,111) ROAD AND BRIDGE IF IMPLEMENTING TOTAL INCREASES ------------------------------- SALARY CONTINGENCY $200,000 HEALTH INSURANCE $17,088 $182,912 SALARIES: ROAD AND BRIDGE $140,184 PUBLIC WORKS $8,966 ENGINERING $27,275 TRAFFIC $33,266 SUB -TOTAL $209,691 BENEFITS (25%) $52,423 $262.114 DEFICIT SEP 2 0 1988 44 Director Baird noted that the Board at budget gave him a contingency balance for salaries; in some funds we have no problem at all and some we do. He advised that he has done his calculations as if the county were picking up the entire cost of the insurance increase. The most complicated fund to handle is the General Fund because there are other Constitutional Officers within that fund. If we implemented the salary increase in that fund without the cap, we would be $48,958 short. In the MSTU, the Planning Department was substantially underpaid; we had people with Master's Degrees being paid $18,000; so, we plugged around 8% in for raises, and that fund couldn't cover it. There are several alternatives - we could look into our other contin- gencies, which the Board wanted him to increase this year and also could look into holding off new hires for a month or two. Chairman Scurlock commented that it appears that if you implement with the $5,000 cap we are all right in the General Fund; in the MSTU we are about $50,000 short; and Road & Bridge $64,000 short. Director Baird explained that when -the Board asked him to budget for turn -over in Road & Bridge, he cut the line item for reserve for contingencies rather than cut the salary item, and they would have been right on line if he hadn't done that. He felt if we could hire 8 employees in December instead of October, we would have sufficient money for raises. Chairman Scurlock wished to know how it would work out if we went to a $3,000 or $4,000 cap instead of a $5,000 cap. Acting Administrator Collins noted that those numbers have not been run, but that could be done very quickly. The Chairman felt the cap would be the best place to look. Director Baird stressed that Road 8 Bridge would be covered if we didn't hire the 8 employees until December, and then the only place we would be short would be the MSTU. The Chairman believed the Commission as a whole has identi- fied a significant problem in our Planning Department where it SEP 20 1988 45 BOOK Pl,GF. d, seems plain that there is a glaring discrepancy, but he did not know.if we could consider a different cap there than in the rest of the bigger picture. His priority always has been to look at essential services first; Planning is certainly an essential service and is an area where he has great concern that we have the proper level to attract and to keep people. Commissioner Bird asked if it makes any sense to treat the cap as a percentage rather than a dollar amount, and the Acting Administrator advised that he had given that some consideration but they haven't run through the numbers on it. Commissioner Eggert expressed her hope that there is something we can do re the MSTU and Community Development. Director Baird believed the MSTU is the only taxing area where we have a problem and reiterated the alternative of utilizing money from Other General Contingencies, which was increased to $800,000 this year over approximately $600,000 last year. Also,- another alternative is that if we received the money from the time sharing units, which revenue he has not plugged into the budget, that would definitely take care of it. The only other fund he could think of with a problem is Fleet Management, and that is because of the cash shortage which we will be addressing. Chairman Scurlock believed Mr. Collins has done an excellent job in starting with the department heads and working that out to bring them in line, but as you step down into the lower areas, many of the jobs and responsibilities may not be comparable, and that may need some more work. Acting Administrator Collins concurred that he needs to get with the division heads and supervisors re the adjustments. Chairman Scurlock hoped whatever Motion is made, that we give Mr. Collins enough flexibility to have some pool of funds in reserve to address specific needs. Acting Administrator Collins agreed he would need some flexibility. He pointed out that the salary survey study, for S E P 2 0 1988 46 Boor 7 4 u,"E .3:30 instance, had identified water treatment operators all in a certain range, and Director Pinto has identified that he has Class A, B and C operators, all with different scales; so, that does need to be fine tuned. Mr. Collins advised that he would like authority to start advertising at the new salary rates immediately as we are looking to open three water plants in the next few months, and we need to get operators. MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Bowman, to allow Acting Administrator Collins to implement the new salary schedule using the basic concept presented, with a fine tuning of it as identified here, to speak particularly to the MSTU problem, and use the $5,000 cap, if necessary, but have the flexibility to go into a percentage, if he wishes; and also have the ability to advertise for new employees based on the new salaries to be imple- mented as of September 30th. Commissioner Eggert felt Mr. Collins has proved he has looked at this in a way that is acceptable, at least to her. Chairman Scurlock requested that Mr. Collins take one more look when he runs into anything that is a real dramatic change, where the range has swung possibly $10,000, to determine whether the person is really classified accurately. Discussion continued about the Motion and it was clarified that the intent of the Motion is to allow Acting Administrator Collins to implement the new salary schedule with approximate ranges as discussed and an appropriate cap. Commissioner Wheeler wished to be sure that he would have the leverage to move people from one range to another, and this was confirmed. Acting Administrator Collins assured the Board that he won't spend more money than we have, and Commissioner Eggert expressed SEP 20 1988 47 soar 74 Fa,F 331 her belief that we can trust the Acting Administrator to handle this equitably. Chairman Scurlock asked if they are recommending the establishment of a pool of funds since we do have a Union we are negotiating with, and Director Baird confirmed that they are asking for that pool of funds and that the Board authorize them to use the dollar amount presented today. The -Chairman felt the Motion is broad enough, and when it applies to the Union people,.then you can have that as a pool of funds, and as a part of the negotiating process, you come up with the final wage package.. County Attorney Vitunac confirmed that was exactly right. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. Acting Administrator Collins thanked the Board on behalf of the employees. REQUEST TO APPROVE JOINT PARTICIPATION AGREEMENT WITH FDOT The Board reviewed memo from Director Keating: TO: William .G. Collins, II DATEseptember 13, 1988 FILE: Acting County Administrator SUBJECT: REQUEST TO APPROVE JOINT PARTICIPATION AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FROM: Mk REFERENCES: Robert M. Keating, AICP Director It is requested that the information herein presented be given formal consideration by the Hoard of County Commissioners at their regular meeting of September 20, 1988. SEP 2 0 1988 48 poor 74 wa 'E 332 DESCRIPTION & CONDITIONS: The Florida Department of Transportation (FDOT) has determined that three counties in Florida are expected to be classified as urban after the results -of the 1990 census become available. These three counties are Indian River, Martin, and Charlotte. Once a county isdesignatedas urban, a metropolitan planning organization (MPO) is established in the.county, and the county then participates more -fully with FDOT in transportation planning. An MPO is a transportation planning organization which, together with FDOT, undertakes transportation planning and prepares a transportation plan for its area. From this planning effort, the FDOT's five year transportation plan is derived. Unlike rural counties which have limited input into the FDOT's five year transportation plan, MPO's have- the ability to dictate FDOT projects and funding priorities within .'their area. Once an MPO is designated, the governor appoints -its members, all of whom must be elected officials of general purpose local -governments in the MP0i s jurisdiction. To facilitate the transition of the three emerging MP0's from rural county status to MPO status, the legislature appropriated $100,000 for FY 88-89. FDOT has divided this sum equally among the three counties and is offering $33,000 to each of the counties to develop a future year 2010 transportation plan. A copy of the proposed agreement between FDOT and the county is appended to this item. ALTERNATIVES & ANALYSIS The staff has been working with FDOT on an update to the County's transportation plan for several months. Specifically, the staff has tripled the number of traffic analysis zones in the county And prepared base and target year socio-economic data for each zone. FDOT is currently in the process of developing base and target year networks and validating and calibrating the model. The result of this effort will be the initial inputs for the traffic circulation element of the County's revised comprehensive plan. With the funds available,* a consultant can be retained to work with .staff in developing the final traffic circulation element. Final products will be a completed traffic circulation element and a transportation system model which the county will be able to use on its PC's. It is staff's opinion that these funds provide an opportunity to have necessary transportation planning done. Therefore, staff recommends that the agreement be approved and that the staff be authorized to develop and distribute an RFP for transportation planning services. RECOMMENDATION: The staff recommends that the approve the FDOT/Indian River agreement, authorize the chairman authorize the staff to prepare an funded by the agreement. Board of County Commissioners County joint participation to execute the agreement, and d distribute an RFP for the work 49 BOOK f', e ON MOTION by Commissioner Eggert, SECONDED by.Commis- sioner Wheeler, the Board unanimously authorized the Chairman to execute the Joint Participation Agreement with the FDOT and authorized staff to prepare and distribute an RFP for the work funded by the agreement. Will No.: 4595343 Fund 119(HPR) SAMAS Approp: 051.316 Function: 769 SAMAS Object: 79OOfF 'Job No.: 99080-7446 F. A. No.: Org. Code: 550 2010430 Contract No.: Vendor No.:'596000 740 1 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DIVISION OF PLANNING AND PROGRAMS JOINT PARTICIPATION AGREEMENT THIS JOINT PARTICIPATION,AGREEMENT, hereinafter called the Agreement, is made and entered into this day of 19 , by and between the STATE OF DEPARTMENT OF TRAN PORTATION, an agency of the State of Florida, hereinafter called the Department, and the Indian River County Board of County Commissioners, hereinafter called the Pu is Agency. • State warrants will be made payable to and mailed as follows: Indian River County Board of County Commissioners, 1840 25th Street, Vero Beach, Florida 32960. W I T N E S"S'•E T R. WHEREAS, the Public Agency -has -the authority to enter into said Agreement and to undertake the Project hereinafter described, and the Department has been granted the authority to function adequately it} all areas of appropriate jurisdiction, including the implementation of an integrated and balanced transportation system. WHEREAS, the purpose of this Agreement is to provide Departmental assistance to the Public Agency for the undertaking of certain work, hereinafter called the Project, and state the terms and conditions upon which such assistance will be provided and the understanding as to the manner in which the Project will be undertaken and completed. NOW, THEREFORE, in consideration of the mutual covenants, premises and representations•herein, the parties agree as follows: 1.00 Accomplishment of the Project (a) General Requirements. The Public Agency shall commence, carry on, and complete the Project as more particularly described and scheduled in Exhibit "A" attached hereto and made a part hereof, with all practicable dispatch, in a sound, economical and efficient manner, and in accordance with the provisions hereof, -and all applicable laws. SAID AGREEMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD IN ITS ENTIRETY. SEP 20 1988 50 BOOK 74PAGE 3'134 INDIAN RIVER FAIRGROUNDS MASTER PLAN The Board reviewed memo of the Public Works Director: ----------------------------------------------------------------- TO: William G. Collins, II Acting County Administrator FROM: James W. Davis, P.E. C Public Works Director^yg}i SUBJECT: Indian River County Fahr rounds MasterPlan DATE: September 12, 1988 DESCRIPTION AND CONDITIONS Mayes, Sudderth, and Etheredge, Inc. (MSE) planning consultants for the Fairgrounds Master Plan, has completed the detailed Master Plan drawings for the Fairground. Comments received from the Fairground Advisory Committee during its August 22, 1988 meeting, have been incorporated into the Master Plan. At this time, formal Board approval of the Plan and final payment to MSE is _requested. The total contract amount for the Fairground is $6,891. In addition, all work has been complete on the South County Regional Park (design fee $10,027) Master Plan. ALTERNATIVES AND ANALYSIS Staff has presented .the plan to the Fairground Advisory Committee and all .comments have been included in revised drawings. RECOMMENDATION AND FUNDING Staff recommends approval of the Fairground Master Plan and final payment to MSE in the amount of $2,453.62, which includes retainage for both the Fairgrounds Master Plan and the South County Regional Park Master Plan. Funding to be from 113-210-572-033.13. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bird, the Board unanimously approved the Fairgrounds Master Plan and authorized final payment to Mayes, Sudderth and Etheredge, Inc., (MSE) in the amount of $2,453.62, which includes retainage for both the Fairgrounds Master Plan and the South County Regional Park Master Plan. 51 P 2 0 1988 Boor `� . r j,; INDIAN RIVER BLVD., PHASE 3 APPRAISALS (HOFFMAN PROPERTY) The Board reviewed memo.of the Public Works Director: TO: William G. Collins, II Acting County Administrator FROM: James W. Davis, P.E. L Public Works Director. SUBJECT: Indian River Blvd., Phase 3 Appraisals Paul and Camille Hoffman Property REF: Peter D. Armfield, MAI, to Board of County Commissioners dated.9/8/88 DATE: September.12, 1988 DESCRIPTION AND CONDITIONS In order to expedite right-of-way acquisition along Indian River Blvd. South of 37th Street (Barber Avenue), staff has requested Armfield-Wagner Appraisal and Research, Inc. to provide a fee quotation for appraising both the original Boyle Engineering Corporation's alignment and the alignment that Mr. Hoffman is requesting. Armfield-Wagner performed appraisals of _the--.property.,in 1981 and it is staff's opinion that this firm would be most knowledgeable concerning this area. ALTERNATIVES AND ANALYSIS The alternatives are- as follows: Alternative 1 --Accept Armfield and Wagner's fee proposal of $3,600 for both alignments. Alternative 2 --Seek more quotations for appraisals and consider other firms. RECOMMENDATION AND FUNDING Staff recommends accepting Armfield-Wagner's proposal at a cost of $3,600. Funding to- be from 'fund 309 -Indian River Blvd. North account. ON MOTION by Commissioner Eggert, SECONDED by Commis - signer Wheeler, the Board unanimously approved Alterna- tive 1 and accepted Armfield-Wagner's fee proposal of $3,600 to appraise both alignments of the Hoffman property. ANNUAL PHYSICAL INVENTORY - FLEET MANAGEMENT The Board reviewed memo from the Supt. of Fleet Management to the Public Works Director: SEP 0 1988 52 �rc�r u,_)F3j ----------------------------------------------------------------- TO: William G. Collins, II Acting County Administrator FROM: James W. Davis, P.E. Public Works Director SUBJECT: Annual Physical Inventory - Fleet Management REF; Jack McCorkle, Supt. of Fleet Management, to Jim Davis dated 9/6/88 DATE: September 12, 1988 ----------------------------------------------------------------- DESCRIPTION AND CONDITIONS Each year, a parts inventory is performed at the Fleet Management Division by various County employees. Usually, mechanics and other employees perform the work, and productivity is suspended until the inventory is complete. Since Fleet Management has been trimmed from 18 employees in 1984 to 12 current employees, this activity will delay vehicle repairs to many County Departments, particularly Road and Bridge Division. Staff is requesting consideration to contract this work to an outside firm: ALTERNATIVES AND ANALYSIS. The firm closest in -proximity to Vero Beach which performs this work is R.G.I.S.''Inventory Specialists. The alternatives are as follows: Alternative #1 Retain RGIS Inventory Specialist to perform a detailed parts inventory for a fee of $18.00/hr. with a not -to -exceed cost of $2,600. Alternative 42 Attempt to seek more proposals from various companies. Alternative #3 Perform the inventory with County Staff. RECOMMENDATION AND FUNDING It is recommended that the County employ RGIS Inventory Specialists for a fee not -to -exceed $2,600 to perform this inventory. Funding to be from Vehicle Maintenance 501-242-591-035.29, unencumbered balance is $6,637.00 Commissioner Eggert asked if we are doing something about Fleet Management as she understood half of the world is going elsewhere. The Acting Administrator advised that he had some discussion about that with the department heads. Apparently Fleet Manage- ment has reduced their operation substantially over the last couple of years, but we need to get more of the departments coming in and utilizing it if we are going to have revenues generated. We have that under close observation right now. 53 BOOK F'" jE 337® 199 ON MOTION by Commissioner Wheeler, SECONDED by Com- missioner Eggert, the Board unanimously authorized employing RGIS Inventory Specialists for a fee not -to -exceed $2,600 to perform the parts inventory as recommended by staff. WATER SYSTEM ;IMPROVEMENTS U.S.1 FROM 10TH ST TO S. _RELIEF CANAL PRELIMINARY ASSESSMENT ROLL 8 ASSIGNMENT OF PUBLIC HEARING DATE The Board reviewed memo from Special Projects Coordinator, Jack.Pearce: TO: BOARD OF COUNTY COMMISSIONERS THRU: TERRANCE G. PINTO DIRECTOR OF UTILITY SERVICES FROM: JACK PEARCE SPECIAL PROJECTS COORDINATOR DATE: SEPT. 1, 1988 SUBJECT: WATER SYSTEM IMPROVEMENTS U.S.#1 FROM 10TH STREET TO SOUTH RELIEF CANAL INDIAN RIVER COUNTY PROJECT #UW -87 -05 -DS PRELIMINARY ASSESSMENT ROLL BACKGROUND The subject water system installation project is ready for the approval of the Preliminary Assessment Roll and project construction. ANALYSIS Resolutions establishing -::assessment criteria and setting up the Public Hearing date are attached. Total estimated assessed cost is $276,690.00. This cost has been distributed among, the parcel owners on the basis of parcel square footage, as shown in the attached Preliminary Assessment Roll. A summary of the derivation of project costs is included in the package. RECOMMENDATION The staff of the Department of Utility Services- recommends that the Board approve the Preliminary Assessment Roll and assignment of the Public Hearing date. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Wheeler, the Board unanimously adopted Resolu- tion 88-92 providing for the assessment for the 54 SEP 2 01988 BOOK 74 F"'' 38 water system improvements U.S.I from 10th Street to the South Relief Canal and also adopted Resolution 88-93 setting the Public Hearing date regarding said improvements. RESOLUTION NO. 88- 92 A RESOLUTION OF INDIAN RIVER COUNTY PROVIDING FOR THE ASSESSMENT FOR POTABLE WATER MAIN ON THE`WEST SIDE OF U.S. NO. 1 FROM 10TH STREET TO SOUTH RELIEF CANAL DESIGNATED AS PROJECT UW87-05-DS AND OTHER CONSTRUCTION NECESSITATED BY SUCH PROJECT; PROVIDING FOR THE DEFRAYING OF THE EXPENSES THERETO BY SPECIAL ASSESSMENT; PROVIDING THE MANNER AND TIME WHEN SAID ASSESSMENTS SHALL BE PAID, DESIGNATING THE LANDS UPON WHICH SUCH SPECIAL ASSESSMENTS SHALL BE LEVIED:, AND ESTIMATING THE TOTAL COST OF THE PROJECT. WHEREAS, the Board of County Commissioners of Indian River County does hereby determine that the assessments for the property located with boundaries as described in this _-� title, designated as Project No. UW87-05-1)S, are necessary to promote the public welfare of the county; and WHEREAS, the expense thereof shall be defrayed by special assessments, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The County, does hereby determine that a 12 -inch water main shall be installed approximately 2,500 feet, through the designated portions of the above-described area, as shown on attached Exhibit "A," and that the project shall be constructed -In accordance with the provisions of §11-42 through §11-47, of the Code of Laws and Ordinances of Indian River County. 2. That the total estimated cost of the above-described improvements is shown to be $244,590.23 of which 88% is to be paid by property specially benefited and approximately 12% of the total cost is to be paid by the County. 3. That the estimated special assessment sum shall be assessed against and paid by all lots and lands adjoining f 5 5 P 0 1988 BOOK 74 FP�f1E. •�P� M and contiguous or bounding and abutting upon' the Improvements or specially benefited thereby and further designated by the assessment plat with respect to the special assessments, by the following method: a. Square foot of the given parcels basis (each parcel's total square footage divided by the total project area times the estimated cost) b The respective assessments shall be due and payable in full within 90 days after the completion and acceptance of the improvements without any payment of Interest. If not paid in full, this assessment may be paid In five equal yearly installments, plus accrued interest, to which, if not paid when due, there shall be added a penalty of 11% of the unpaid principal. The unpaid balance of the assessment shall bear interest at a rate of 12% from the due date until paid. 4. That at the time of the adoption of this resolution there is on file with the Clerk to the Board a plat showing the area to be assessed. Plans and specifications and an estimate of the cost of the proposed improvements, as herein specified, are open to inspection by the public at the Office of the Indian River County Department of Utility Services. S. Upon the adoption of this resolution, the Indian River County Utilities Services Department shall cause this resolution to be published at least one time in the Vero Beach Press Journal before the public hearing required by 411-46. The resolution was moved for adoption by Commissioner Eggert and the motion was seconded by Commissioner Wheeler and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice -Chairman Gary C. Wheeler Aye 56 Boa GE34U Commissioner Richard N. Bird Aye Commissioner Margaret C. Bowman Aye. Commissioner Carolyn K. Eggert Aye The Chairman thereupon declared the resolution duly passed and adopted this 20th day of September 1988. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORI A By c.. on .` cur oc , 7 . Chairman RESOLUTION 88-92 INCLUDING EXHIBIT "A" IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD. RESOLUTION NO. 88- 93 A RESOLUTION OF INDIAN RIVER COUNTY SETTING A TIME AND PLACE AT WHICH THE OWNERS OF PROPERTY ON U.S. NO. 1 BETWEEN 10TH STREET AND SOUTH RELIEF CANAL DESIGNATED AS PROJECT UW87-05-DS AND OTHER PERSONS INTERESTED THEREIN MAY APPEAR BEFORE THE BOARD OF COUNTY COMMISSIONERS AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF MAKING SUCH IMPROVEMENTS, AS TO THE COST THEREOF, AS TO THE MANNER OF PAYMENT THEREFOR, AND AS TO THE AMOUNT THEREOF TO BE ASSESSED AGAINST EACH PROPERTY SO IMPROVED. WHEREAS, the Board of County Commissioners of Indian River County has by Resolution No.*- 88- 92 determined that it is necessary for the public welfare of the citizens of the county, and particularly as to those living, working, and owning property within the area described hereafter, that a 12 -inch water main shall be installed approximately 2,500 feet, through the defined portions of the above-described area, as shown on attached Exhibit "A" and designated as Project No. UW87-05-DS, shall be done; WHEREAS, it has been determined that the cost to be assessed shall be.$244,590.23; WHEREAS, the Board of County Commissioners has caused an assessment roll to be completed and filed in the office of the Clerk to the Board; and WHEREAS, 411-46, Indian River County Code, requires that the Board of County Commissioners shall fix a time and 57 800K F'� 1_341 SEP 2 0 1988 J place at which the owners of the property to be assessed or any other persons interested therein may appear before the Board of County Commissioners and be heard as to the propriety and advisability of making such improvements, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each property so improved; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The County Commission shall meet at the County Commission chambers in the County Administration Building at the hour of 9:05 A.M. on October 11, 1988 , at which time the owners of the property to be assessed and any other persons interested therein may appear before said Commission and be heard in regard thereto, and that the area to be Improved and the property to be specially benefited by the construction of said improvements is more particularly described upon the assessment plat and assessment roll, which delineate the same, which map.and assessment roll are attached hereto as Exhibit "A," and as such made a part hereof. 2. That all persons interested in the construction of said improvements and the assessments against the property to be specially benefited are advised that the description of each property to be assessed and the amount to be assessed against each piece of parcel of property may be ascertained at no cost at the office of the Clerk to the Board any week day from 8:30 A.M. until 5:00 P.M. 3. Notice of time and place of this public hearing shall be given by two publications in the Press Journal Newspaper. The last publication shall be at least one week prior to the date of the hearing. The Indian River County Utilities Services Department shall give each property owner at least ten days notice in writing of such time and place, 58 SEP 20 1988 Boa 74 F -,-u-342 which -shall be served by mailing a copy of such notice to - each of such property owners at his last known address. The resolution was moved for adoption. by Commissioner Eggert , and the motion was seconded by Commissioner Wheeler and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice -Chairman Gary C. Wheeler Aye Commissioner Richard N. Bird Aye. Commissioner Margaret C. Bowman Aye Commissioner Carolyn K. Eggert Aye The Chairman thereupon declared the resolution duly passed and adopted this 20th day of SeEtember , 1988. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By - ., r _.,,Lozo�4 __6on cur oC , (3 Chairman WINTER BEACH REFUSE STATION PROPERTY (PROPOSED LEASE AGREEMENT WIBELLSOUTH MOBILITY, INC. The Board reviewed memos from "Sonny" Dean, Manager of Solid Waste Department: DATE: SEPTEMBER 2, 1988 TO: WILLIAM G. COLLINS, II ACTING COUNTY ADMINISTRATOR THRU: TERRANCE G. PINTO II/� DIRECTOR OF UTILITY SERVICES FROM: H. T. "SONNY" DEAN MANAGER OF SOLID WAS14 DEPARTMENT OF UTILITY SERVICES SUBJECT: WINTER BEACH REFUSE STATION PROPERTY BELLSOUTH MOBILITY, INC. - LEASE AGREEMENT BACKGROUND On February 9, 1988, the Board of County Commissioners authorized / staff to negotiate the subject lease agreement. This writer along with the County legal department conferred with BellSouth and wrote a lease that is agreeable to all parties involved. 59 SEP 2 ® � soar , F'� E g � ANALYSIS BellSouth Mobility has executed the agreement and submitted a check for $300.00 to cover both option periods. RECOMMENDATION Staff recommends approval of the lease• and request the Board authorize their Chairman toexecutethe agreement. TO: BOARD OF COUNTY COMMISSIONERS THRU: CHARLES P. BALCZUN COUNTY ADMINISTRATOR TERRANCE G. PINTO*4 I DIRECTOR OF UTILIT SERV CES FROM: H. T. "SONNY" DEA MANAGER, SOLID WASTE r NAGEMENT DEPARTMENT OF UTILITY SERVICES DATE: JANUARY 28, 1988 SUBJECT: WINTER BEACH REFUSE STATION PROPERTY BellSouth Telephone Company has requested a lease for a portion of the subject property. They desire to erect a 285 foot tower to place equipment on for the state-wide cellular telephone system that will serve.the Indian River County link. The required amount of property -.is 451x 55' for the equipment site and easements for the guyed cables. They will also need a 10' wide easement for access and utility-sery-ice from South Winter Beach land. The County owns approximately 1.9.5 acres at the subject site with about 3.2 acres being used..for the refuse station. Anticipated renovations for the station will not require additional property. The Master Plan for the sophisticated cellular telephone system requires a limited area within a County in order to facilitate alignment of antennas from one link to another. Due to this requirement, the County tower at Hobart Park was not within the designated area, plus unavailability of space at the 285' level on our tower. I have spoken with Mr. Wally Bender who.. represents BellSouth and they are willing to lease the property for five years -at $300.00 per month. Each five year extension.. will increase the'. lease rate by 15%. All costs of survey work will be borne by BellSouth. '-- It is recommended that the Board authorize staff to enter into negotiations with BellSouth for the above described lease, which will be brought back to the Board for final approval. SES` 2 ® 1988 60 Bou 74 F,,E 344 Commissioner Bowman noted that she has found some discrepan- cies in the agreement - in one place it says 20' and in another, it says 30'. Commissioner Bird's main question was whether we are getting our money's worth out of the property He hoped that someone has researched this carefully and asked how we establish that we are getting a fair market value for the property. Manager Dean advised that staff based it on what they had been paying -in other similar leases. He explained this is actually an option on the lease. Acellular contract has not been awarded, and BellSouth wants an option on leasing the property so that in the event that authority is awarded to them, they have a place to put their tower immediately. Commissioner Bird asked if their option would be assignable as he would not want to give an option and find, out that RCA or someone gets the permit, and then BellSouth leases it to them for ten times as. much as they are paying us. Manager Dean advised that they can't do that. All they want is the southwest corner of that property, 55 x 45, with an ease- ment for the guy wires coming out from the tower. He assured the Board that this would not interfere with any operation we have planned for the collection site itself. Commissioner Wheeler had some concern as to whether 15% is a big enough increase for each 5 year extension, and Commissioner Bird was concerned as to whether it may not be premature to give them this option. County Attorney Vitunac noted that if they fail to exercise their option, all rights are terminated and they cannot assign them without our permission. Discussion continued as to the Board's feeling that this proposed option is all to BellSouth's advantage and that we should just leave the property vacant and deal with it when the time comes. P 20 1988 61 BOOK 74 F,acA4 ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bowman, the Board unanimously denied approval of the lease. PRESENTATION OF CHECK FROM DIVISION OF FORESTRY Commissioner Wheeler advised that the Division of Forestry wishes to present the Board with a check for $1,000 for the North County Fire District for communications. Joe Spataro, Area Supervisor from the Division of Forestry, came before the Board and introduced the new Urban Forester, Tim Elder. Forester Spataro informed the Board that the check for $1,000 comes from a Title IV Grant from the U.S.Forest Service, which is 50% matching funds. They originally requested around $3,500 ($7,000 total, and $3,500 being their share to give the county) but they only funded the radios this year. He, there- fore, would now present the Board with the $1,000 which is for hand held radios, two for the Sebastian Fire Department and two for Vero Lakes Estate Fire Department. Forester Spataro wished it could be more, but advised that it is in line with their fair share statewide. The Board accepted the check with thanks. WATER LINE REPLACEMENT - 6TH AVENUE AND 15TH STREET The Board reviewed memo from William McCain; Utility Engineer: 62 SEP 2`0 1988 L TO: WILLIAM G. COLLINS, II ACTING COUNTY ADMINIS OR THRU: TERRANCE G. PINT DIRECTOR OF UTILITY ERVICES FROM: WILLIAM F. McCAINA-- '� PROJECTS ENGINEER`S DEPARTMENT OF UTILITY SERVICES DATE: AUGUST 26, 1988 SUBJECT: WATER LINE REPLACEMENT - 6TH AVENUE AND 15TH STREET BACKGROUND The location of this project is 6th Avenue and 15th Street. For several months we have been receiving numerous complaints on water color and taste from residents served off of water lines on the above mentioned streets. We wish to take emergency action to replace.these lines as the problem is quite severe both from a maintenance standpoint,. due to the need to continually flush the lines as well as from e customer relationship standpoint. ANALYSIS The problem is the age of the water lines. This has become a problem, primarily due to the material of the lines which is galvanized steel pipe. The lines are so corroded the water runs out brown. We have gotten several estimates for the replacement of these lines, the lowest of which was'from Belvedere -Construction in the amount of $19,750.00 which is attached. RECOMMENDATION The Department of Utility Services recommends that.the Board of County Commissioners approve this action on an emergency basis -so that we may proceed immediately. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bird, the Board unanimously approved the emergency replacement of water lines at 6th Avenue and 15th Street by Belvedere Construction Co. in the amount of $19,750. as recommended by staff. 63 SSP 20 1988 BOOK 74 FnE 34 7 Proposal Page No. of Pages t ea. mire ttyarant 8 ea. Open cut road 250 SY Sod Traffic Control $19, 750.00 Payment to be made for work performed upon presentation of our invoice. In the event there Is any default in payments due u er this contract and the some is placed in the hands of an attorney for collection, the owner hereby agrees to pay all cost of collection, including a reason • attorney's fee. BELVEDERE CONSTRUCTION CO. workmanlike manner according to standard practices. Any alteration or P. O. BOX 15107 deviation from above specifications involving extra costs will be executed Authorized WEST PALM BEACH, FLORIDA 33416 Signatu00 re the. estimate. All agreements contingent upon strikes, accidents or delays Phone 683-5344 PROPOSAL SUBMITTED TO surance. Our workers are fully covered by Workmen's compensation PHONE Insurance. DATE Indian River.Count Appro e 9-20-88 567-8000 n J 8/17/88 STREET JOB NAME --� 1840 25th St. CITY, STATE AND ZIP CODE JOB LOCATION Vero Beach, FL 32960 6th Ave. and 15th St. ARCHITECT— ENGINEER DATE OF PLANS JOB PHONE WE PROPOSE TO FURNISH ALL LABOR, MATERIAL AND EQUIPMENT TO PERFORM THE FOLLOWING: ITEM ITEM ESTIMATED UNIT ESTIMATED NO. QUANTITY PRICE AMOUNT 600 LF DR25 C900 6" 480 LF 2" Sch. 40 8' LF 6" Ductile 1 ea. 6" Gate Valve 18 ea. Services t ea. mire ttyarant 8 ea. Open cut road 250 SY Sod Traffic Control $19, 750.00 Payment to be made for work performed upon presentation of our invoice. In the event there Is any default in payments due u er this contract and the some is placed in the hands of an attorney for collection, the owner hereby agrees to pay all cost of collection, including a reason • attorney's fee. Ali material Is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed Authorized only upon written orders, and will become an extra charge over and above Signatu00 re the. estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary In- Note: This proposal may be surance. Our workers are fully covered by Workmen's compensation withdrawn by us If not accepted wlthl days. Insurance. ofropasxC Appro e 9-20-88 (�trtptxnct The above prices, specifications n J and conditions are satisfactory and are hereby accepted. You are autho- Signature rized to do the work as specified. Gary .I'Wheeler, vice Chairman Date of Acceptances __nCtOher 3 , 19 8 8 cl,ngt,,,p 64 _ p 2 0 1988 Boor 74 r, t° SOILS WORK FOR NORTH COUNTY WASTEWATER SYSTEM The Board reviewed memo from William McCain, Utility Engineer: TO; WILLIAM G. COLLINS, II DATE: AUGUST 30, 1988 ACTING. COUNTY ADMINISTRATOR THRU: TERRANCE G. PINT / DIRECTOR OF UTILI ERVICES FROM: WILLIAM F. McCAI PROJECTS ENGINES DEPARTMENT OF UTIL Y SERVICES SUBJECT: SOILS WORK FOR THE NORTH COUNTY WASTEWATER COLLECTION AND TRANSMISSION SYSTEM BACKGROUND Masteller and Moler Associates, Inc., has designed the North County sewer project. The preliminary plans for the collection system are currently under review by this Department. Before the project is finalized and put out for bid soils exploration eed to be done throughout -the project. ANALYSIS The Consultants on this project have received estimates from several soils testing firms, the lowest of which was from Universal Engineering Testing Company of Merritt Island, FL., in the amount of $3,495.00. It is important to have the soils work completed prior to bidding to assure more precise bidding. Without soils investigation, Contractors tend to bid worse case conditions. RECOMMENDATION The Department of Utility Services recommends tha the Board of County Commissioners approve the above action, a d by doing so approve the forthcoming contracts with Universal En ineering. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bowman,. the Board unanimously approv�d the soils work for the North County sewer project berg done by Universal Engineering Testing Company of Mekritt Island in the amount of $3,495 as recommended by siaff and authorized Masteller S Moler to contract with them. fi 20 �J�`7 65 toor 74 Facr 349 BLUE CYPRESS LAKE AREA SEWER SYSTEM The Board reviewed memo from William McCain of Utilities: DATE: SEPTEMBER 2, 1988 TO: WILLIAM G. COLLINS, II ACTING COUNTY ADMIN TOR THRU: TERRANCE G. PINTO DIRECTOR OF UTILITY ICES FROM: WILLIAM F. MCCAI PROJECTS ENGINEE DEPARTMENT OF UTIL TY SERVICES SUBJECT: BLUE CYPRESS LAKE AREA SEWER SYSTEM BACKGROUND The Department of Utility Services wishes to begin design of a wastewater treatment plant, collection system, and effluent disposal system to serve the County Park, and surrounding area at Blue Cypress -_Lake. Prior to the actual design an engineering report needs to be generated in order to determine the.exact methodologies to be used for the design.of the systems. Particular attention must be paid to effluent disposal-as.Blue Cypress is located on the head waters of the. St. Johns-maXing.the project difficult to permit. ANALYSIS To prepare the engineering report we wish to use Post, Buckley, Schuh, and Jernigan, Inc. (PBS&J). PBS&J are ranked number one for design of effluent disposal systems.. Due to the anticipated difficulty in permitting that portion of -the project we wish to have them prepare the complete package.. They have agreed to complete the engineering report, for a lump -sum" of -$5,500:00 and take approximately four weeks to finish. - RECOMMENDATION The Department of Utility Services recommends that the Board of County Commissioners approve this action and allow the signing of the forth c coming Work Authorization. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Wheeler, the Board unanimously authorized the Department of Utility Services to use Post, Buckley, Schuh & Jernigan to prepare the engineering report on the methodology to be used for design of the effluent disposal system for the Blue Cypress Lake Area Sewer System for a lump sum of $5,500 and approved the forthcoming Work Authorization. (Work Authorization No.l for Consulting Services on file in the Office of Clerk to the Board) SALARY PROGRAM FOR LEGAL SECRETARIES The Board reviewed memo from County Attorney Vitunac: TO: Pte,_Board of Cpunty Commissioners FROM: Charles P. VTtunac - County Attorney DATE: August 16, 1988 SUBJECT: Salary Program for Legal Secretaries Pursuant to the Board's policy of establishing appropriate pay levels for its employees, the County Attorney's Office has developed the attached chart which shows what.I would like to use as the pay plan for the County Attorney's Office legal secretarial staff. LSI (Legal Secretary 1) would begin at a base salary of $14,800 and would receive 4% merit increases over each of the next three years to reach a maximum Level of $16,648. The .skills necessary to become an LSI are proficiency in word processing :and typewriting but no Legal secretarial skills.. The chart 'presumes' that after three years the secretary should have all -.experience necessary to advance to an LS l I position. -'I-f-- the -secretary does not possess those skills, the maximum salary would stay as is indicated in the fourth column. The position of LSII requires all the qualifications of LSI and assumes that the secretary possesses all the skills necessary to be a Legal secretary. The salary would begin at $17,314 and would have five step Increases of 4% each year to a maximum of -$21,065.'. At 'th.e end of that time the employee would have reached the _maximum grade .1 -eve I for an LSII position and would not advance to LSIII unless possessing the skills or -:degrees required of a:'paral.egal. LSIII (paralegal) would begin at $21,908 and progress over five years in 4% steps to amaximum of $26,654. The attached survey data indicate that this chart is consistent with St. Lucie, Martin, and Palm Beach Counties, and salaries paid in Vero Beach by the largest law firm. To keep the chart valid considering inflation each year the figures should be adjusted upward or downward by the CPI factors used by the Federal Government. Thus, in today's dollars the range for the legal secretarial staff of the County Attorney's. Office would be from $14,800 to $26,654. 1 would Like to implement this salary study effective October 1, 1988. 1 would recommend that of the present staff of the County Attorney's Office that Joye Lanham be considered to be an LSI 2nd step; Nancy Mossa11 to be an LSII 6th step; and Lea Keller to be an LSIII 1st step. Title 1 2 3 4 5 6 LSI 14,800 .15,392 16,008 16,648 LSII 17,314 18,006 18,727 19,476 20,255 21,065 LS111 21,908 22,784 23,695 24,643 25,629 26,654 E P ® � 8 67 Boole 74 PA' a .351 ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Wheeler, the Board unanimously approved the salary program for Legal Secretaries as described above-. SLOAN PROPERTY - SECOND APPRAISAL Commissioner Eggert reviewed the following memo, noting that if we want to participate it would be only on the basis of the other three counties participating: TO: Board of County DATE:September 15, 1988 FILE: Commissioners SUBJECT: Sloan Property FROM: Carolyn K. Eggert REFERENCES: County Commissioner After reading Charles VitunacIs;--opinion, on the Sloan property appraisal with a suggestion that it was-. hard to qualify if this was a good value, I suggested to DickMills that we might need a second appraisal. Mr. Mills has sent through proposals for a second appraisal. I recommend* t' we pay our share of the $3500 fee of Deighan Appraisal Associates,. Inc:' using the same methodology as the original appraisal so—:that. we<_have a true basis of comparison with the original appraisal, provided the other three counties also participate. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bird, the Board unanimously authorized paying our share of the $3500 fee of Deighan Appraisal Associ- ates, Inc. for an appraisal on the Sloan property. SEP 2 0 190 68 7 F„1_r. aoaa DOCUMENTS TOBEMADE A PART OF THE RECORD A. Resolution 88-54 - Requesting DOT to Regulate Road Access on tate Road�A-1—A-between Winter beach Ka -aa—& a ooint 4 Mill s�- Florth of CR 510 Consistentnt with County Road Access Plan as approved at Re -S _Tar Meeting of 916188 RESOLUTION NO. 88-54 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, REQUESTING THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TO REGULATE ROAD ACCESS ON.STATE ROAD A -1-A BETWEEN WINTER BEACH ROAD AND A POINT FOUR MILES NORTH OF COUNTY ROAD #510 IN A MANNER CONSISTENT WITH THE INDIAN RIVER COUNTY A -I -A ROAD ACCESS PLAN AND FURTHER REQUESTING THAT THE COUNTY COMMUNITY DEVELOPMENT AND PUBLIC WORKS DEPARTMENTS' STAFF HAVE REVIEW STATUS PRIOR TO ISSUANCE OF. FDOT CONNECTION PERMITS ALONG STATE ROAD A -I -A. WHEREAS, the Board of County Commissioners of Indian River County, Florida, has declared that State Road A -1-A from Winter Beach Road to a point approximately 4.0.miles north of County Road #510 (Wabasso Road) Is the only major transportation corridor serving as a North-South traffic thoroughfare along the Northern portion of Orchid Island in Indian River County and the Town of Orchid; and WHEREAS, there currently exist several parcels west of State Road A -i -A which have no frontage along A -I -A nor current access to State Road A -I -A, said parcels being under separate ownership, both within the Town of Orchid and within the unincorporated area of Indian River County, Florida; and WHEREAS, itis in the interest of public safety that access. to State Road A - I -A be controlled In a manner that Individual property access points be consolidated so that the level of service along A -I -A is not severely impacted; and WHEREAS, it is the responsibility of the State of Florida Department of Transportation to issue connection permits to State Road A -I -A; and WHEREAS, the Indian River County Community Development and Public Works Departments have researched and prepared a 69 ssyy BOOK 74 Fo,r; .3 --3 L recommended access plan to State Road A -I -A to serve properties west o.f State Road A -I -A, which copy is attached and incorporated In this resolution, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: The County requests the Florida Department of Transportation District 4 staff to regulate access along State Road A -1-A between Winter Beach Road and a point four miles north of County Road #510 in such a manner as is consistent with the Indian River County A -I -A access plan, and further requests that the County Community Development. and Public Works Departments' staff shall be granted review status prior to issuance of State Department of Transportation connection permits along State Road A -I -A. The resolution was moved for adoption by Commissioner Bowman, and the motion was seconded by Commissioner Eggert and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice -Chairman Gary C. Wheeler Absent Commissioner Richard N. Bird Aye Commissioner Margaret C. Bowman Aye Commissioner Carolyn K. Eggert Aye The Chairman thereupon declared the resolution duly passed and adopted this 6th day of September, 1988. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By �- C;S It tTre r o . Chairman B. Resolution 88-56A - Setting Place and Date for Public Hearing on ssessment F-oTT—Tor--Witer mprovementson Q- outF—oT—OsTo as approved at egu ar _eeting of 916188 70 SEP 2 0 1 BOOP; X154 RESOLUTION NO. 88- 56A A RESOLUTION OF INDIAN RIVER COUNTY SETTING A TIME AND PLACE AT WHICH THE OWNERS OF PROPERTY ON THE WEST SIDE OF U.S. NO. 1 SOUTH OF OSLO ROAD DESIGNATED AS PROJECT UW87-03-DS AND OTHER PERSONS INTERESTED THEREIN MAY APPEAR BEFORE THE BOARD OF COUNTY COMMISSIONERS AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF MAKING SUCH IMPROVEMENTS, AS TO THE COST THEREOF, AS TO THE MANNER OF PAYMENT THEREFOR, AND AS TO THE AMOUNT THEREOF TO BE ASSESSED AGAINST EACH PROPERTY SO IMPROVED. WHEREAS, the Board of County Commissioners of Indian River County has by Resolution No. 88-49 determined that it Is necessary.for the public welfare of the citizens of the county, and particularly as to those living, working, and owning property within the area described hereafter, that an eight -inch water main shall be installed approximately 3,750 feet, through the defined portions of the above-described area, as shown on attached Exhibit "A" and designated as Project No. UW87-03-DS, shall be done; WHEREAS, it has been determined that the cost to be assessed shall be $96,382.74; WHEREAS, the Board of County Commissioners has caused an assessment roll to be completed and filed in the office of the Clerk to the Board; and WHEREAS, §11-46, Indian River County Code, requires that the Board of County Commissioners shall fix a time and place at which the owners of the property to be assessed or any other persons interested therein may appear before the Board of County Commissioners and be heard as to the propriety and advisability of making such improvements, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each property so improved; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1, The County Commission shall meet at the County Commission chambers in the County Administration Building at the hour of 9:05 A.M. on September 27, 1988, at which time the owners of the property to be assessed and any other persons interested therein may.appear before said Commission 71 W-44 EP 2 0 9 BOOK l4 Fac," and be heard in regard thereto, and that the area to be Improved and the property to be specially benefited by the construction of said Improvements Is more particularly described upon the assessment plat and assessment roll, which delineate the same, which map and assessment roll are attached hereto as Exhibits "A" and "B," and as such made a part hereof. 2. That all persons interested in the construction of said Improvements and the assessments against the property to be specially benefited are advised that the description of each property to be assessed and the amount to be assessed against each piece of parcel of property may be ascertained at no cost at the office of the Clerk to the Board any week day from 8:30 A.M. until 5:00 P.M. 3. Notice of time and place of this public hearing shall be given by .two publications in the Press Journal Newspaper. The last publication shall be at least one week prior to the date of the hearing. The Indian River County Utilities Services Department shall give each property owner at least ten days notice in writing of such time and place, which shall be served by mailing a copy of such notice to each of such property owners at his last known address. The resolution was moved for adoption by Commissioner Eggert ', , and the motion was seconded by Commissioner Bird _ and, upon being put to a vote, the vote was as follows: Chairman Don- C. Scurlock, Jr. Aye Vice -Chairman Gary C. Wheeler Absent Commissioner Richard N. Bird Aye Commissioner Margaret C. Bowman Aye Commissioner Carolyn K. Eggert Aye The Chairman thereupon declared the resolution duly passed and adopted this 6th day of September 0 1988. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By � � on .—cur I oc , Chairman RESOLUTION 88-56A IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD COMPLETE WITH ATTACHMENTS. P 19� Bou"a F % SOUTH COUNTY FIRE DISTRICT The Chairman announced that immediately upon adjournment, the Board would reconvene acting as the District Board of. Fire Commissioners of the South Indian River County Fire District. Those Minutes are being prepared separately. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 11:05 o'clock A.M. ATTEST: 1.9 � � n .1 l lv SEP 20 1938 73 Chairman Bou7 4F��GE `.obi