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HomeMy WebLinkAbout11/1/1988Tuesday, November 1, 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, November 1, 1988, at 9:00 o'clock A.M. Present were Don C. Scurlock, Jr., Chairman; Gary C. Wheeler, Vice Chairman; Richard N. Bird; Margaret C. Bowman; and Carolyn K. Eggert. Also present were William G. Collins, 11, 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, and Commissioner Bird led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Attorney Vitunac advised that in connection with the closing on the purchase of North Beach Water Company this afternoon, we will have a Resolution brought to the Board when the lawyers arrive, and he would like to have consideration of that Resolution added to the agenda under his matters as Item 11 C. ON MOTION by Commissior Eggert, SECONDED by Com- mis-s-ioner Wheeler, the Board unanimously added the above item to the agenda as requested by the County Attorney. NOV 11988 BOOK 75 InE 0�. APPROVAL OF MINUTES The Chairman asked if there were any additions or correc- tions to the Minutes of the Special Meeting of September 14, 1988. There were none. ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Eggert, the Board unanimously approved the Minutes of the Special Meeting of -September 14, 1988, as written. The Chairman asked if there were any additions or correc- tions to the Minutes of the Regular Meeting of September 27, 1988. There were none. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously approved the Minutes of the Regular Meeting of September 27, 1988, as written. The Chairman asked if there were any additions or correc- tions to the Minutes of the Regular Meeting of October 4, 1988. There were none. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously approved the Minutes of the Regular Meeting of October 4, 1988, as written. CONSENT AGENDA Commissioner Bird asked that Item M. (Remote Control Auto Racing Operation at Hobart Park) be taken off the agenda as Attorney Brennan is working with the leaseholder and will put this item on the agenda next week. 2 OV 1 1988 BOOK 75 rArkiE 0 Commissioner Bowman asked that Item K be removed from the Consent Agenda for discussion. A. Bonds for Commissioners Scurlock and Bowman ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously approved the signature of all Board members on the Bonds for Commissioners Scurlock and Bowman. BOND STATE OF FLORIDA County of Indian River KNOW ALL MEN BY THESE PRESENTS, That We, DON G. SCURLOCK, JR. as principal, and THE TRAVELERS INDEMNITY COMPANY as surety, areheld and firmly bound unto the Governor of the State of Florida, and his successors in office, in the sum of TWO THOUSAND AND NO/ 1 00 Dollars, lawful money, for the payment whereof, well and truly to be made, we do bind ourselves, our and each of our heirs, executors and administrators, jointly and severally, firmly l�by these presents. �,� Q Sealed with our seals, and dated this 1 J day of �,R— , A D., 19 Ot The condition of the above obligation is such, That, whereas, the above bounden DON C. SCURLOCK, JR.was, on the i) Lit day of November, A.D.,19 88 ,elected County Cnmmicgi;mar , Indian River Crnmty, Plnrirla to hold his office for the term of four years beginning on the Tuesday two weeks following the day of the general election held in November, A.D., 19 8 8 , and until his successor is qualified according to the Constitution and laws of this State. Bond #348J9779 . NOW, THEREFORE, if the said DON C. SCURLOCK, JR. shall faithfully perform the duties of his said office as provided by law, then this obligation to be void, else to be and remain in full force and virtue. Signed, egaled and delivered in presence of us: (Principal Si Witness Bond approved / / 9Fr (date) Bond approved N O V 11988 (A orne -in- act Sign Here) §idney M. Banack, Jr. (SEAL) Chairman of the Board of County o 'f'- sioners. ectyT Z) ,GZt-- County Commissioners. (date) Comptroller of Florida 3 BOOK 75 PACE 03 ' STATE OF FLOR�Dn nd River County of II LV1 4Jv BOND #8121963 KNOW ALL MEN BY THESE PRESENTS, That We, Margaret C. Bowman as principal, and Western Surety Co. as surety, are held and firmly bound unto the Governor of the State of Florida, and his successors in office, in the sum of 2, nnn nn Dollars, lawful money, for the payment whereof, well and truly to be made, we do bind ourselves, our and each of our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals, and dated this 26th day of Oc tnher , A D., 19_88— The 9 RR - The condition of the above obligation is such, That, whereas, the above bounden Margaret C Bowman was, on the —22nd day of November, A.D., 19 88 ,elected District #1 Commissioner Board of County Commissioners of Indian River County, Florida to hold his office for the term of four years beginning on the Tuesday two weeks following the day of the general election held in November, A.D., 19_44_, and until his successor is qualified according to the Constitution and laws of this State. NOW, THEREFORE, if the said Margaret C. Boman shall faithfully perform the dutfes.of his said office as provided by law, then this obligation to be void, else to be and remain in full force and virtue. 11 Signed, seale ess OW SQ-ei,j6 (I and delivered in presence of us: wit Bond approved .244-0 l / ffr (date) CUL Z f �` )w7-07Cal (Principal Sign Here) (Attorney -in -Fact Sign Here) 04. Chairmen of the Board of Conn (SEAL) nunissionera. ,v • County Commissioners. Bond approved (date) Comptroller of Florida DE -86 (2.86) B. Budget Amendment #005 - Audio Visual Equipment for Courtrooms The Board reviewed memo from the OMB Director: 4 NOV 1198 BOOK I � FACE WI TO: Members of the Board of County Commissioners DATE: October 25, 1988 SUBACT : BUDGET AMENDMENT 005 - TO PURCHASE AUDIO VISUAL EQUIPMENT CONSENT AGENDA FROM: Joseph A. Baird OMB Director DESCRIPTION AND CONDITIONS Judge Vocelle is requesting permission to purchase an audio visual system for Courtrooms A, B, and D. The system, linked to the jail, would enable judges to do first appearances in difference courtrooms without the prisoners being physically present. Judge Vocelle wishes to purchase the equipment from McMaster Antenna System so that it is compatible with existing equipment and can be purchased immediately. The system is expected to cost $4,150. RECOMMENDATION Staff recommends that the Board approve Budget Amendment 005- purchase of audio visual equipment for $4,150 - funding to come from Court Facilities. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Wheeler, the Board unanimously approved Budget Amendment #005, as described: TO: Members of the Board of County Commissioners FROM: Joseph A. Baird, OMB Director. SUBJECT: BUDGET AMENDMENT NUMBER: 005 DATE: October 25. 1988 Entry Number Funds/Department/Account Name Account Number Increase Decrease 1. COURT FACILITIES Circuit Court/Communication Eq. 106-901-516-066.45 $4,150.00 0 I.--,v11,2t'„ :lkL''DML-► Reserve for Contingency' 1-'1M--7-7>'`'-10g�'i99=5Sf 093:'91x""-"-- 0 $4,150.00 NOV 11988 5 BOOK C. County Administrator's Salary Allocation The Board reviewed memo from OMB Director Baird: TO: Members of the Board of County Commissioners DATE: October 25, 1988 SUBJECT: COUNTY ADMINISTRATORS SALARY ALLOCATION CONSENT AGENDA FROM: Joseph A. Baird(It OMB Director DESCRIPTION AND CONDITIONS Currently William G. Collins', salary is prorated two-thirds from the County Administrator's budget and one-third from the Attorney's office. We have reviewed Mr. Collins' workload and determined that the vast majority of his work is administrative; therefore, we feel his entire salary should be charged to the Administrator's budget effective October 1, 1988. Mr. Collins became Acting County Administrator on August 9, 1988, and since then has not received a vehicle allowance like his predecessor did. I would like permission to pay Mr. Collins his vehicle allowance from August 9, 1988 to the present and to continue paying him this monthly allowance while he is Acting County Administrator. RECOMMENDATION Staff recommends that the Board of County Commissioners authorize the back payment of vehicle allowance and the change in allocation of the County Administrator's salary. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Wheeler, the Board unanimously authorized back payment of vehicle allowance and change in allocation of the County Administrator's salary as recommended by the OMB Director. D. Contract with DHRS for FY 88/89 The Board reviewed memo from the OMB Director: NOV 11988 6 BOOK 75 FJGE 05 TO: Members of the Board of County Commissioners DATE: October 25, 1988 SUBJECT: CONTRACT WITH STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES CONSENT AGENDA FROM: Joseph A. Bair1N: OMB Director DESCRIPTION AND CONDITIONS Attached for the Board of County Commissioners approval is the annual budget contract between Indian River County and the State of Florida Department of Health and Rehabilitative Services. The Indian River County Office of Management and Budget has reviewed the contract and concurs that Indian River County has. appropriated $335,561 to fund the Indian River County Health Department. RECOMMENDATION Staff recommends the Board of County Commissioners approve the contract between Indian River County and the State of Florida Department of Health and Rehabilitative Services. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Wheeler, the Board unanimously approved the contract with the Florida Dept. of Health and Rehabili- tative Services for FY 88/89. COPY OF SAID CONTRACT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD. E. Retroactive Approval - Out -of -County Travel (Com. Bowman) ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Wheeler, the Board unanimously gave retroactive approval for Commissioner Bowman to attend a Workshop on Salt Marsh Management and Research at the Florida Medical Entomology Laboratory, Vero Beach, October 25- 28, 1988. 7 NOV 11988 BOOK 07 F. Commissioner Bowman to Continue on Emergency Outreach Board The Board reviewed the following letter from the Executive Director of United Way: October 20, 1988 324 2526?> fid') fL OCT 188 Don Scurlock, Chairm sk Indian River County a Board of Commissioner 1840 25th St. Vero Beach, FL 32960 Dear Mr. Scurlock: RECEIVED 30AR0 MUM. COMMISSIONERS 11016 United Way of Indian River County 2001 9th Avenue Suite 314, 2001 Building-•-- - - P.O. Box 1960 Vero Beach, Florida 32961-1960 Phone (407) 567-8900 The United Way of Indian River County has recently been informed that $51,153 has been awarded to our county through Phase VII of the Emergency Food and Shelter National Board Program. Commissioner Maggie Bowman has served on the Emergency Outreach Board, representing county government, since the inception in 1984. This Board is responsible for overseeing the expenditures of funds, and is mandated to reconvene during Phase VII. We would like you to consider reappointing Commissioner Bowman to serve in this position during the coming year. _-__-.______-----•__------------ --- -_.__. The first meeting was held on October 18, 1988 which was in conflict with the County Comissioners meeting, but we look foreward to seeing Maggie at future meetings. Thank you for your assistance in helping us comply with federal regulations. Sincerely, ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Wheeler, the Board unanimously reappointed Commissioner Bowman to the Emergency Outreach Board. 8 NOV 11999 BOOK 75 [VA. QS G. Tax Sale Certificate - (Dasie Bridgewater) ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Wheeler, the Board unanimously approved duplicate Tax Sale Certificate No. 86-0532 in the sum of $144.95 for Dasie Bridaewater. H. Final Plat Approval - 9th Street Road Plat The Board reviewed memo from Staff Planner Robert Wiegers: TO: The Honorable Members of the Board of County Commissioners DIVISION HEAD CONCURRENCE: r Robert 4. Keatig, A� Community Development Director A6. THROUGH: Stan Boling, AICP Chief, Current Development �% FROM: Robert E. Wiegeits, Staff Plannet Current Development DATE: October 20, 1988 SUBJECT: FINAL PLAT APPROVAL FOR 9TH STREET ROAD PLAT It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of November 1, 1988. DESCRIPTION AND CONDITIONS: The subdivision ordinance, as amended. July 17, 1985, allows for the platting of unimproved private road rights-of-way if there is no subdivision of property (as defined in the ordinance). Under these provisions the platted private rights-of-way, though exempt from road and drainage requirements, must meet County standards in regards to the following: 1. relationship to existing streets and drives; 2. location; and 3. dimensions (widths and lengths) Creating such private road rights-of-way provides parcels with frontage on privately dedicated (owned and maintained) roads. The creation of road frontage allows for building permits to be issued on parcels that currently have no dedicated road frontage, and provides the necessary space and layout for possible future improvements that can satisfy county road, drainage, and utility requirements. 9 N O V 11988 BOOK 75 F°�t 09 The applicant, Keith McCully, acting on behalf of Worth Hamilton, owner, is requesting final plat approval for the 9th Street Road plat, and has submitted the following: 1. A final plat substantially in conformance with the approved preliminary plat. At its regular meeting of June 23, 1988, the Planning and Zoning Commission granted preliminary plat approval for this project. ANALYSIS: The road plat covers an existing east -west private road which extends west of 20th Avenue and is aligned with 9th Street. The road exists in the sense that it is currently paved, and is within a 30' easement, that was originally established to provide road access to lots created prior to the County's subdivision ordinance. The owner is platting this private road right-of-way in order to establish the required amount of road frontage for a parcel of property to be created in the future. The private road will be established in such a way that adjacent property owners, who already have legal access to the existing paved road, may continue to use it in the future. The road plat terminates in a cul-de-sac because the future extension of the road is not desirable. A private property owners' association has been formed to own and maintain the road right-of-way; and the County Attorney's office has approved it as to legal form and sufficiency. No subdivision of property, as defined in the subdivision ordinance, is to occur. All applicable County regulations have been satisfied in regards to final plat approval. RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final plat approval for the 9th Street road plat. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Wheeler, the Board unanimously granted Final Plat Approval for 9th Street Road Plat as requested by the owner Worth Hamilton. I. Release of Easement - Roseland Gardens Subdv. (Crouse) The Board reviewed memo from Code Enforcement Officer Heath: 10 I.__N OV 11988 BOOK 75 F.i,,E 10 TO: William G. Collins, II Acting County Administrator DI SION HEAD ONCURRENCE Robert M.Kea ing .I.C.P. Communit' Develo ment Director THROUGH: Roland M. DeBlois Environmental Planning Chief FROM: Charles W. Heath ea Code Enforcement, Officer DATE: October 12, 1988 SUBJECT: RELEASE OF EASEMENT REQUEST BY WILLIAM & KAREN CROUSE 826 S.W. FLORALAND AVENUE, SEBASTIAN, FLORIDA 32958 SUBJECT PROPERTY: Lots 16 & 17 Block 8, Roseland Gardens Subdivision, PBI 08-25 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of November 01, 1988. DESCRIPTION AND CONDITION: The County has been petitioned by William and Karen Crouse, owners of the subject property, for the release of the common five (5) foot side lot utility easements of lots 16 & 17, being the northerly five (5) feet of lot 16, and the southerly five (5) feet of lot 17, Block 8, Roseland Gardens Subdivision, Section 11, Township 31, Range 38 East, Indian River County, Florida; accord- ing to the Plat thereof as recorded in Plat Book 8, Page 25, of the Public Records of Indian River County, Florida. It is the peti- tioner& intention to construct a single- family dwelling on the property. The current zoning classification of the property is RS -6, Single -Family Residential District. The Land Use Designation is LD -2, Low Density Residential, allowing up to six (6) units per acre. ALTERNATIVES AND ANALYSIS: The request has been reviewed by Southern Bell Telephone Company, Florida Power and Light Company, Falcon Cable Company, and the Indian River County Utility and Right -of -Way Departments. Based upon their reviews, there were no objections to the release of the common side lot utility easements. Staff analysis indicates that there would be no adverse impact to utilities being supplied to the subject property. RECOMMENDATION: Staff recommends to the Board, through adoption of a resolution, the release of the common five (5) foot side lot utility easements of lots 16 & 17, being the southerly five (5) feet of Lot 16, and the northerly five feet of Lot 17, Roseland Gardens Subdivision, Section 11, Township 31, Range 38 East, Plat Book 8, Page 25, of the Public Records of Indian River County, Florida. NOV 11988 11 BOOK 75 PAGE 11 ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Wheeler, the Board unanimously approved Resolu- tion 88-110 releasing the common five foot side lot utility easements of Lots 16 & 17, Roseland Gardens Subdivision, as requested by William & Karen Crouse. RESOLUTION NO. 88-110 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, ABANDONING CERTAIN EASEMENTS IN THE ROSELAND GARDENS SUBDIVISION, LOTS 16 & 17, BLOCK 8. WHEREAS, the Declaration Restrictions for Lots 16 & 17, of Block 8, in Roseland Gardens Subdivision according to the plat thereof , recorded in the office of the Clerk of the Circuit Court of Indian River County, Florida in Plat Book 8, Page 25 contains a Declaration of an Easement "for the installation and maintenance of public utilities and drainage facilities" as shown in Offical Record Book 554, Page 362; and Whereas, the retention of those easements serves no public utilities; and NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: This release of easement is executed by Indian River County, Florida, a political subdivision of the State of Florida, whose mailing address is 1840 25th Street, Vero Beach, Florida 32960, Grantor to William D. and Karen J. Crouse, whose mailing address is 826 S.W. Floraland Avenue, Sebastian, Florida 32958, Grantee, as follows: Indian River County does quit claim and abandon all right, title and interest that it may have in the following described easements: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE.' This release of easement does not affect any rights which may accrue to any of the lot owners within the Roseland Gardens Subdivision by virtue of the Declartion of Restrictions as recorded in the Offical Records of Indian River County at OR Book 554, Page 360 through 364. 11110 II<:t, Ilf 1.. tllilt�luL�'1 Vlltl Eggert , seconded by Commissioner adopted on the VOtP_ N O V 11988 1st Wheeler , and day of November , 1988, by the following 12 BOOK 75 wE 12 Commissioner Scurlock Commissioner Bowman Commissioner Bird Commissioner Eggert Commissioner Wheeler The Chairman thereupon declared duly passed and adopted this 1st 1988. eau Fire Ca Admin Lees! Budget Dept. Approved p:.4 "Am. Il Dale (D § /J Aye • 7yte "Ay e Aye 7Te the resolution , day of November BOARD OF COUNTY COMMISSIONERS • OF INDIAN RIVER COUNTY, FLORIDA B y ).,t C.o EXHIBIT "A" Don . Scuf ock, Chairman The southerly five (5) feet of Lot 17, and the northerly five (5) feet of Lot 16, Block 8, Roseland Gardens Subdivision, according to the plat thereof, as recorded on Plat Book 8, Page 25, Public Records of Indian River County, Florida, Section 11, Township 31, Range 38 East. J. Release of Easement - Bent Pines Subdv. (MacMeekin) The Board reviewed memo from Chief Planner DeBlois: TO:William G. Collins, II Acting County Administrator DIVISION HEAD CONCURRENCE if1 ert" M. Kea in AI Community Devel i DATEOctober 10, 1988 FILE: SUBJECT: irector THROUGH: Roland M. DeBlois1K Chief, Environmental Planning FROarles W. Heath Ca Code Enforcement Officer RELEASE OF EASEMENT REQUEST BY JAMES W. & BARBARA MACMEEKIN c/o GEORGE C. COLLINS, ESQ.; LOT 16 & N.i Lot 17, REPLAT OF BENT PINES SUBDIVISION, UNIT 3 AND UNIT 4 PBI 11-9, 9-A, & 9-B REFERENCES: Macmeekin DISK CHEATH It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of November 1, 1988. DESCRIPTION AND CONDITION: The County has been petitioned by James W. & Barbara A. MacMeekin III, through their attorney, George G. Collins, Jr., for the 13 NOV 11988 BOOK 75 ['AGE 13 release of the common seven and one-half (7i) foot side lot utility easements of Lots 16 & N.i Lot 17, being the southerly seven and one-half (7i) feet of Lot 16, and the northerly seven and one-half (7i) feet of N.i of Lot 17, Replat of Bent Pine Subdivision Unit 3 and Unit 4, Part of Sections 15 & 16, Township 32, Range 39. East, Indian River County, Florida; according to the plat thereof as recorded in Plat Book 11, Pages 9, 9-A, & 9-B, of the Public Records of Indian River County , Florida._ It is the petitioners' intention to construct a single-family residence on the property. The current zoning classification is RM -4,, Multi -Family Residen- tial District. The Land Use Designation is LD -2, Low Density Residential. ALTERNATIVES AND ANALYSIS: The request has been reviewed by Southern Bell Telephone Company, Florida Power and Light Company, Florida Cablevision Corporation, and the Indian River County Utilities Department. Based upon their reviews, there were no objections to the release of the easements. Staff analysis indicates that there would be no impact upon the supply of utilities to the subject property. RECOMMENDATION: Staff recommends to the Board, through the adoption of a resolu- tion, the release of the common seven and one-half (7i) foot side lot utility easement of lots 16 & N $ Lot 17, being the southerly seven and one-half (7i) feet of Lot 16,_and the northerly seven and one-half (7i) feet of N. Lot 17, Replat of Bent Pine Subdivision Unit 3 and Unit 4, a Portion of Sections 15&16, Township 32, Range 39 East, Plat Book 11, Pages 9,9 -A,&9 -B, of the Public Records of Indian River County, Florida. NOV 11 ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Wheeler, the Board unanimously approved Resolu- tion 88-111 releasing the common seven and one-half foot utility easement of Lots 16 and Ni Lot 17, Replat of Bent Pine Subdvision as requested by James and Barbara MacMeekin. 14 BOOK 75 U r,E 14 RESOLUTION NO. 88-111 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, ABANDONING CERTAIN EASEMENTS IN THE REPLAT OF BENT PINE SUBDIVISION UNIT 3 AND UNIT 4. WHEREAS, the Certificate of Dedication for lots 16 & N. # of Lot 17, Repiat of Bent Pine Subdivision, Unit 3 and Unit 4 according to the plat thereof, recorded in the office of the Clerk of the Circuit Court of Indian River County, Florida in plat Book 11, Pages 9,9-A, and 9-B ccntains a Statement of Intent for utility easements "for the streets and easements shown on this replat are dedicated for the use of Public Utilities, Cablevision, and the Property Owners in all of the Bent Pine Subdivision" as shown in Official Record Book 593, Pages 668, Official Records Book 598, Page 2202, Official Records Book 619, Page 228, Official Records Book 641, Page 2895, Public Records of Indian River County, Florida; and WHEREAS, the retention of those easements serves no public purpose, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commis- sioners of Indian River County, Florida that: This release of easement is executed by Indian River County, Florida, a political subdivision of the State of Florida, whose mailing address is 1840 25th Street, Vero Beach, Florida 32960, Grantor, James W. & Barbara A. MacMeekin III, c/o George G. Collins, Jr., as Attorney, whose mailing address is 744 Beachland Blvd, Vero Beach, Florida 32963, Grantee, as follows: Indian River County does quit claim and abandon all right, title and interest that it may have in the following described easements: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE 15 NOV 11988 BOOK 75 E'4r,E 15 This release of easement does not effect any rights which may accrue to any of the lot owners within the Replat of Bent Pine Subdivision, Unit 3 and Unit 4 by virtue of the Certificate of Dedication as recorded:_in the Official Records of Indian River County at OR Book 593, Page 668, OR Book 598, Page 2202, OR Book 619, Page 228, OR Book 641, Page 2895. Eggert THIS RESOLUTION was moved for adoption by Commissioner , seconded by Commissioner Wheeler , and adopted on the 1st day of November , 1988, by the following vote: Commissioner Scurlock Aye Commissioner Bowman Aye Commissioner Bird Aye Commissioner Eggert Aye Commissioner Wheeler Aye The Chairman thereupon declared the resolution duly passed and adopted this 1st , day of November 1988. 0.4 fliver Cn AOOtove d Date Admin. tx, (3 ( (v--2� Legal /.j\..,/ Le -(':peg Budget �iY Dept. p i i j- l l'l/rifri Risk Mgr. /tri, BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By ZJj c - Don C. Scurlock, J Chairman EXHIBIT "A" The southerly seven and one-half (71) feet of Lot 16,and the northerly seven and one-half (71) feet of the north one-half (1) of Lot 17 of a Replat of a Portion of Bent Pine Subdivision Unit 3 and Unit 4, according to the plat thereof as recorded in Plat Book 11, Pages 9, 9-A, and 9-B, of the Public Records of Indian River County, Florida. 16 BOOK 75 r'm E 16 NOV 11988 K. Authorization for Entering Negotiations w/Consultant for Historic Survey The Board reviewed memo from Staff Planner David Nearing: TO: William G. Collins II DATE: Acting County Administrator DEPARTMENT HEAD CONCURRENCE: October 25, 1988 'o.ert M. Keat g, . P SUBJECT: Director, Communit Development Department FILE: AUTHORIZATION FOR ENTER- ING NEGOTIATIONS WITH CONSULTANT FOR HISTORIC SURVEY FROM:David C. Nearing t(°/%% REFERENCES: Staff Planner It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of November 1, 1988. DESCRIPTION & CONDITIONS In February 1988, Indian River County was awarded a federal grant in the amount of $12,500 for the purpose of conducting a survey of historic resources within the unincorporated portions of the county. The county will provide matching funds in the form of in -kind -services. On September 6, 1988, the Board of County Commissioners authorized staff to enter into an agreement with the State Bureau of Historic Preservation, which is administering the grant on behalf of the Federal Government. Persuant to this agreement, the planning staff distributed Requests For Proposals (RFP) to various professional consultants in the field of historic research. As a result of this RFP, the staff received only one proposal; this was submitted by Historic Property Associates, Inc. of St. Augustine, Florida. ALTERNATIVES & ANALYSIS The fact that response to staff's RFP was so limited was not unexpected. Because very few consultants meet the criteria established by the state and federal governments for such consultants, receiving only one proposal is not uncommon. This has been confirmed by the State Historic Bureau staff. In reviewing the single proposal, staff has found that this consultant appears to meet all qualifications and objectives set forth under the RFP as well as state and federal guidelines. In checking the candidate's credentials with the State Bureau of Historic Resources, staff has found that this consultant comes highly regarded by'state staff. While it is unusual for only one firm to respond to a county RFP, the staff feels that the specialized nature of this project warrants consideration of the sole respondent. CONCLUSION AND RECOMMENDATION Based on staff's analysis of the consultant's proposal and credentials, staff feels that this consultant will meet the needs of the county for purposes of the historic survey. Staff recommends that the Board of County Commissioners authorize staff to enter into contract negotiatations with Historic Property Associates, Inc., for the purpose of conducting a survey of historic resources in Indian River County. NOV 11988 17 75 PGE 17 Commissioner Bowman noted that the grant mentioned conduct- ing a survey only within the unincorporated portions of the county, and she wondered if we shouldn't include Sebastian and Fellsmere as most of the historic resources of the county are located in those areas:— Community Development Director Keating advised that it would add to the cost substantially. We have gotten a limited grant which was intended primarily to do the survey in the unincorpor- ated area. Chairman Scurlock suggested that once we get the people on board and get the grant that Director Keating see what it would cost to expand the scope of services and bring that figure back to the Board and then we can make an intelligent decision on whether we want to do that and have funds available. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bowman, the Board unanimously authorized staff to enter into contract negotiations with Historic Property Associates, Inc. for the purpose of conducting a survey of historic resources in Indian River County. L. Sailboard Center License Agreement The Board reviewed memo from Asst. County Attorney Brennan: TO: The Board of County Commissioners FROM: Sharon P. Brennan - Assistant County Attorney {\?S) i DATE: October 26, 1988 SUBJECT: Sailboard Center License Agreement Presented today for your approval is the Sailboard Center License Agreement whereby the County is granting a license to the operators to use the Wabasso Beach Causeway for leasing sailboard equipment and providing sailboard lessons. The agreement is substantially the same as last year's 18 NOV 11988 BOOK .75 18 except for an increase to $300.00 for the consideration, and a revised termination clause. Mr. and Mrs. Hazen have provided us with a current certificate of insurance which meets the requirements of the agreement. The Parks and Recreation Committee recommended approval of the agreement at its October meeting. ON MOTION by Corrissioner Eggert, SECONDED by Commis- sioner Wheeler, the Board unanimously approved Agree- ment with Burchard Hazen, Jr. and Patricia Hazen dba "SAILBOARD CENTER." SAID AGREEMENT !S ON FILE IN THE OFFICE OF CLERK TO THE BOARD. M. Remote Control Auto Racing Operation at Hobart Park This item was removed from today's agenda. N. Release of County Liens The Board reviewed memo from County Attorney Vitunac: TO: Board of County Commissioners FROM: Charles P. Vitunac, County Attorney DATE: October 13, 1988 RE: CONSENT AGENDA - BCC MEETING 10/25/88 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 Assessment Lien - LARKINS Unit 202 of PINECREEK CONDO. I Release of Sewer Assessment Lien - LARKINS Unit 202 of PINECREEK CONDO. I Release of Assessment Lien - WILLIAMS Lot 3 & Si Lot 2 of SUNNYDALE ACRES 19 N OV 11988 BOOK 75 Ph,, 19 Release of Impact Fee Extension Agreement DOROTHY CANNON Release of Assessment Lien - KING Lot 19 of SUNNYDALE ACRES Back-up information for the above is on file in the County Attorney's & Utilities Department Offices. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Wheeler, the Board unanimously authorized the Chairman to execute the Release of Liens listed above. COPIES OF SAID RELEASES ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD. O. Proclamation - Arts Festival Weeks NOV 11988 ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Wheeler, the Board unanimously proclaimed November 5 - 16, 1988, INDIAN RIVER ARTS FESTIVAL WEEKS. 20 BOOK 5 FAGS 20 PROCLAMATION WHEREAS the Indian River Arts Council is the county's designated Local Arts Agency and serves as the umbrella organization of the community's many cultural groups and artists; and WHEREAS the Arts Council sponsors an annual art festival, in an effort to promote the arts, showcase the talents of its members organizations, encourage artistic imagination and creativity, and provide for recreational and educational opportunities for all the citizens of Indian River County, and neighboring areas; and WHEREAS this year's art festival will feature the culture of Africa and is dubbed "A Cultural Safari Through Africa", and the Council's member organizations will develop performances, exhibits and demonstrations, using the African theme; and WHEREAS traditionally launched by the Center for the Arts' ever -popular. Children's Art Festival, the two-week safari offers a wonderful variety of music, dance, ballet, art exhibits, dramatic readings, lectures, travelogues, puppet shows, in -school performances and many other exciting offerings to be enjoyed by the entire community; and WHEREAS the festival, which begins November 5 and continues through November 16, has been expanded this year to include the business community and members of the general public; and WHEREAS service clubs and civic organizations have included lectures on African art and culture in their programs and meetings; the news media, radio and television have reached new audiences and the Beach Businesses are participating in'%the festival with financial support by using the African theme in their window displays and other promotions; NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the week of November 5 -- 16,. 1988 be designated as INDIAN RIVER ARTS -IVA WEEKS and urge the citizens of the community to participate and enjoy the many events planned by the Arts Council as we all go African! } BE IT FURTHER PROCLAIMED that the Board urges the continued support of the arts in recognition of its contribution to the community in terms of education, recreation, tourism and positive impact to the economy. Dated this 1st day of November, 1988 NOV 11988 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA 21 C. Scurlock, J Chairman BOOK 75 Fa GE 21 P. Reimbursable Expense (Buford Goff & Assoc.) Detention Equip. The Board reviewed memo from the Acting County Adminis- trator: TO: Board of County Commissioners DATE: October 26, 1988 FILE: SUBJECT: PAYMENT OF INVOICE FOR REIMBURSABLE EXPENSE FOR BUFORD GOFF & ASSOC.- DETENTION EQUIP. CONSULTANTS - CONSENT William G. Collins II FROM: Acting County Administrator REFERENCES:e 6"• Please find attached an invoice and recommendation for payment for services provided by Buford Goff and Associates for detention equipment consultation under Phase III of the Indian River County Jail project. This item has been submitted by Frizzell Architects , Inc. as a reimbursable expense. RECOMMENDATION I recommend payment be made for this reimbursable service per the existing contract. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Wheeler, the Board unanimously approved payment to Buford Goff & Associates of $13,210 per the follow- ing invoice: l W. R. Frizzell Architects. Inc. ♦ Suite 202 ♦ Royal Palm Square ♦ 1400 Col September 1, 1988 Board of County Commissioners of Indian River County 1840 25th Street Vero Beach, Florida 32960 Attn: Mr. Doug Wright INVOICE A ♦ Fort Myers. Florida 33907 ♦ (813) 939-1220 gWgy 1. ;;_:{ ; INV 9-2140.1 ro'_ r. JOB 2140.1 74 0 For Architectural Services Rendered on: INDIAN RIVER COUNTY JAIL - PHASE III Reimbursable Expense (Not Part of 6% Maximum Fee) Buford Goff & Associates Detention Equipment Consultant 8/1/88 Amount Due This Billing W. R. FRIZZ EAR HITECTS, INC. NOV 1Ronald D. 1988 ject Manager 22 13,210.00 13,210.00 BOOK 75 I'r,E 22 PROPOSED ORDINANCE AMENDMENT TO PERMIT MEDICAL RELATED OFFICES IN PRO ZONING DISTRICT The hour of 9:05 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County. Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at hero Beach in Indian River County, Florida; that the attached copy of advertisement, being a in the matter of 14e14:/P % 75 in the _ Court, was pub- lished in said newspaper in the issues of 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. Sworn to and subscribed before me this (SEAL) day of daeaD19 15' • (Clerk of the CircflM 11U liO, y, Florida) My Commission Expires J., a 29, i961q %mind Th?M Trnr Fain . hwwwaor. Inc. (Busiills Manager) NOTICE -PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Indian River County, Florida, shall hold a public hearing at which par- ties in interest and citizens shall have an oppor- tunity to be heard. In the County Commission Chambers of the County Administration Build- ing, located at 1840 25th St, Vero Beach, Floc-,. Ida, on Tuesday, November 1, 1988, at 9:05 a.m. to consider the adoption of an Ordinance enti- tled: ntbtled: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA AMENDING SEC- TION 17. PRO: PROFESSIONAL OFFICE DISTRICT, AND SECTION 251: REGU- LATIONS FOR SPECIFIC LAND USES . OF APPENDIX A OF THE CODE OF LAWS AND ORDINANCES OF INDIAN RIVER COUNTY, FLORIDA. KNOWN AS THE ZONING CODE; PROVIDING FOR - THE CONDITIONAL LOCATION OF MEDICAL RELATED OFFICES AND OPTICAL FIRMS IN THE PRO ZONING DISTRICT: AND PROVIDING FOR SPE- CIFIC CRITERIA FOR THE .LOCATING OF MEDICAL RELATED OFFICES AND OPTICAL FIRMS IN THE PRO ZONING DISTRICT; AND PROVIDING FOR RE- PEAL OF CONFLICTING PROVISIONS, CODIFICATION. SEVERABILITY, AND EFFECTIVE DATE. A copy of the proposed Ordinance is available at the Planning Department office on the second floor of the County Administration Building Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceeding is made which Includes the testimony and evi- dence upon which the appeal will be based. Indian River County Board of County Commissioners By: -s -Don C. Scurlock, Jr., Chairman Oct 10.1988 Planner David Nearing made the staff presentation: 23 II WV 11988 BOOK 75 PAGE 23 TO: William G. Collins II DATE:october 18, 1988 FILE: Acting County Administrator DIVISION HEAD CONCURRENCE: Robert M. Keati 4. Planning & Deve'1opme.It Director P SUBJECT: AMENDMENT TO SEC. 17: PRO ZONING DISTRICT, TO PERMIT MEDICAL RELATED OFFICES AND OPTICAL FIRMS FROM:Staff Plannervid C. FROM. REFERENCES: It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of November 1, 1988. DESCRIPTION & CONDITIONS This is a county initiated request to amend Section 17.0 PRO: Professional Office District of the county code. The requested amendment is to allow the development of medical related offices and optical firms in the PRO district as a permitted use, or as a use requiring either an administrative permit or special exception approval. Currently, neither medical offices nor optical firms are permitted in the PRO district. This request was initiated as a result of a discussion which occurred at the August 9, 1988, Board of County Commissioners meeting. At that meeting an applicant for site plan approval for a professional office building approached the Board to discuss the issue of the suitability of medical offices in the PRO district. After considerable discussion, the Board directed staff to examine the feasibility of permitting medical offices in the PRO district. ° History The PRO district regulations were adopted by the Board of County Commissioners on January 13, 1987. As stated in the purpose and intent section of the professional office district, the PRO district is to be used as a redevelopment tool or as a buffer between commercial and residential uses. One objective of the PRO district is to limit strip commercial development. With increased setbacks, enhanced buffering requirements, and low -intensity use limitations, this district is designed to be compatible with residential uses. During the adoption proceedings for the PRO district ordinance, the Planning and Zoning Commission and the planning staff expressed different positions concerning the suitability of medical offices in the PRO district. The Commission felt that medical offices should be included in the district and reviewed on a case by case basis as a special exception use. The staff felt that medical offices were incompatible with the PRO district due to high traffic impacts. In approving the PRO district, the Board of County Commissioners agreed with staff's opinion. ° September 1988 P&Z Action On September 22, 1988, the planning staff presented several alternatives concerning this matter to the Planning and Zoning Commission. These alternatives are discussed in detail in the "Alternatives and Analysis" section of this report. Briefly, the three alternatives are as follows: 1) take no.action, continue 24 NOV 1 1988 ROOK 75 PAGE 24 excluding medical -related offices and optical firms from the PRO district; 2) Allow medical -related offices and optical firms in the PRO district by right, impose no special performance related criteria; 3) Permit medical - related offices and optical firms as conditional uses, imposing specific criteria for the establishment of such uses in the PRO district. After discussion, the a lanning and Zoning Commission concurred with the staff recommendation to permit medical - related offices and optical firms in the PRO district. The Commission voted 6-0 to recommend permitting medical - related offices and optical firms as permitted uses, with additional wording to clarify that a medical office featuring 24 - hour treatment facilities is not included as a permitted use under this amendment. ALTERNATIVES & ANALYSIS The staff's original objection to allowing medical offices in the PRO district was based on the characteristics of medical uses. Compared to professional offices, medical offices have more extensive impacts. These include more traffic, more activity, and increased parking requirements. While professional offices have characteristics more like multi -family residential in terms of trips and activity, medical offices generally exhibit characteristics more like commercial facilities with regard to attracting clients, providing parking, and generating activity. In order to ensure that PRO uses would be compatible with adjacent residential areas, the staff recommended that medical offices not be allowed in the PRO district. ° Alternatives In examining the present request to allow medical offices in the PRO district, staff identified three alternatives. The first is to do nothing. This would be accomplished by denying the subject request and continuing to prohibit medical offices in the PRO district. The second alternative is to allow medical offices in the PRO district as a permitted use. This would allow medical offices to be established in the PRO district without any special review or compliance with specific performance related criteria. The third alternative is to permit medical offices in the district as a conditional use, either as an administrative permit or special exception. This would require medical offices proposed for the PRO district to comply with specific performance related criteria and, in the case of special exceptions, two public hearings. ° Analysis In analyzing the three alternatives, staff consulted the staff of the City of Vero Beach Planning Department. The City has the POI, Professional Office and Institutional, zoning district which currently permits medical offices by right. According to the city staff, medical office uses do not cause any special problems in the POI district and do not adversely affect adjacent residential areas. Based upon the city's experience with medical offices in POI district, it appears that medical offices can be situated in the PRO district with minimal impacts. For that reason, the staff felt that alternative one, retaining the present medical office prohibition in the PRO district, was not desirable. 25 N O V 11988 BOLI. 75 pLE The second alternative, permitting medical offices by right, acknowledges that no special conditions should be imposed on proposed medical office uses in the PRO district. This alternative would treat medical offices in the same manner as professional offices, limiting site plan conditions to general site plan requirements. Based upon staff's analysis, that appears appropriate. While some uses by their nature require additional buffering or other conditions to fit in an area, the staff has determined that medical uses function more like professional office uses and therefore do not require special regulation. For that reason, alternative three was eliminated. Conclusion Staff feels that the available evidence is sufficient to conclude that medical offices are appropriate in the PRO district. While more intensive than professional offices, medical offices appear to be workable in areassuitable for PRO zoning, given the district's buffering and other -requirements. With the prohibition of 24 hour medical offices, there will be even less of a chance that the addition of medical - related offices as a permitted use in the PRO district will result in incompatibility between PRO sites and adjacent residential areas. The attached ordinance reflects the approved language noting medical - related offices as permitted uses, with an explanation in parentheses noting that 24 - hour service facilities are not included. RECOMMENDATION Based on the analysis performed and the recommendation of the Planning and Zoning Commission, staff recommends that the Board of County Commissioners approve medical offices and optical firms as permitted uses in the PRO. district, excluding medical offices featuring 24 - hour treatment facilities. Planner Nearing commented that staff looked at several alternatives, among them special exceptions, but could not find anything to substantiate the criteria to make it a special exception. Since the City of Vero Beach has had such success with it, staff felt that it would be best as a permitted use. Commissioner Eggert believed the Board had directed staff to look into the possible inclusion of medical related office in the PRO District as a special exception use. At that time the big concern was traffic, and now she found it difficult to understand that there is nothing for staff to hang their hat on as to making this a special exception use when the traffic concern is still there. Community Director Keating stated that there is really nothing to preclude the Board making it a special exception. Staff originally was considering making it a special exception, 26 NOV 1 1988 BOO. 75 TACE 28 but the traffic generation rates about double for medical offices over regular offices. Another consideration was how the PRO District was going to be used. There have been three requests to have PRO District designations and two have been approved, but they are in areas that -are not in similar residential areas. OCR is transitional, but it has to be in a commercial designation or Land Use. Also in regard to buffering, they realize it does create a little more activity and is a Kittle less compatible but did not think it was something that really warranted additional criteria. The one denied was where the staff anticipated more of the PRO District coming and it would have been in or part of a residential neighborhood and more traffic would have more of an adverse impact on the neighborhood. Commissioner Eggert believed Director Keating just had said the traffic would be doubled. She felt we were talking about limiting 25% to 50% to medical offices because of that. Director Keating felt that even doubling it is kind of misleading because the bigger a general office complex gets, the closer it comes to being the same generator as medical offices. Planner Nearing believed you must also look at the parking differential. For medical offices you would have to have one space per 175 sq. ft. instead of 1 per 300 sq. ft.; so, as you increase the medical office space in a building, you are actually decreasing the size of the building to accommodate the parking. Chairman Scurlock wished to know if the medical offices allowed under this ordinance, permit emergency room type activity, and there could be ambulances and sirens, etc., disturbing the neighborhood. Staff advised that 24 hour facilities are not allowed, and the Chairman pointed out that a facility could have emergency room type activity without operating 24 hours. Commissioner Eggert asked if an InstaMed type facility could be included, and Commissioner Bird believed they could be, but the InstaMed facilities he has seen don't generate that much 27 NOV 11988 BOOK 75 F�/7 ,;E traffic, and he did not believe ambulances normally would take patients to that type place. Planner Nearing stated that we could add additional wording, and Chairman Scurlock noted that unfortunately people always seem to find a way to get around things. Commissioner Eggert was concerned about medical related offices slowly taking over the building without anyone being aware of it. Planner Nearing advised that if there were an internal alteration, one of the safety valves is that the facilities for a medical related office would be different than those for a regu- lar professional office and most probably would have to go through the Building Department, at which time the Building Department would red flag it and send it to Planning. The Chairman asked if anyone present wished to be heard. Attorney Bruce Barkett came before the Board representing Ronald Kutschinski, the original applicant who asked for revision of the PRO Ordinance. They support the staff proposal as it is today. He noted that Commissioner Eggert was concerned that staff did not address the Board's direction exactly as requested re special exception, but Mr. Barkett believed the Board has always told staff to consider their direction and then make their recommendation based on their best judgment. In regard to sirens going into InstaMed clinics, Attorney Barkett pointed out that one of the built-in limitations for this District is that it has to be on an arterial road; so, the sirens will not be coming down the neighborhood roads. Mr. Barkett stressed that PRO already has some severe built-in limitations - it must be on an arterial road, and it has much more severe setback requirements as well as more severe parking requirements. As to the parking requirement, he advised that the building his client is contem- plating is about 25,000 sq. ft. If it were all medical offices, it would require 143 parking spaces, and that same number of parking spaces would service a general professional office 28 BOOK 75 FADE 28 N O V 11988 building of 42,800 sq. ft. They are proposing a building that is half medical and half general offices. Mr. Barkett pointed out that Mr. Kutschinski could put in a larger building without having to get the Board's permission and generate more traffic. Staff has studied 'this -end concluded that medical offices don't present problems. Since both staff and P&Z favor allowing medical related offices as permitted uses in PRO, Mr. Barkett felt that is a pretty good recommendation, and his client supports it. Ruth Chapman, resident of Rockridge, advised that basically she personally goes along with this recommendation. Rockridge residents feel this will generate less traffic than was originally proposed for the number of units per acre. Also there will be more setbacks and more parking spaces. Mrs. Chapman then stressed their concern with 6th Avenue and hoped that a definite widening be made at the corner of 17th St. and 6th Avenue and that there be no egress onto 6th Avenue going north. Chairman Scurlock pointed out that is really not related to this ordinance which is countywide, and Mrs. Chapman reiterated that she sees no problem with the proposed ordinance. It was determined that no one else wished to be heard, and the Chairman declared the public hearing closed. ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Eggert, Chairman Scurlock voting in opposition, the Board by a 4 to 1 vote, adopted Ordinance 88-44 providing for medical related offices in the PRO Zoning District. Chairman Scurlock stated that although the facts related to a specific case may be one thing, he still was concerned about the long range ramifications of expansion of this particular vehicle which we created and the impact on adjacent residential 29 NOV 1 1988 �o�K 75 FAH 29 areas as he anticipated continuing efforts to liberalize it. Commissioner Bowman inquired if the Chairman would rather have had this made a special exception where we would have had more control, and he agreed that is what he would have preferred. ORDINANCE NO. 88-44 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 17.PRO: PROFESSIONAL OFFICE DISTRICT OF APPENDIX A OF THE CODE OF LAWS AND ORDINANCES -OF INDIAN RIVER COUNTY, FLORIDA, KNOWN AS THE ZONING CODE; PROVIDING FOR THE LOCATION OF MEDICAL RELATED OFFICES AND OPTICAL FIRMS IN THE PRO ZONING DISTRICT; AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that: SECTION 1 Section 17. (c) (5) (a) is hereby amended as follows: Section 17. PRO: Professional Office District. (c) Permitted Uses. (5) Commercial Use. (a) General office and financial services. Professional offices. Insurance and real estate services. Business services. Medical - related offices (excluding medical offices with 24 - hour treatment facilities). Optical firms. SECTION 2 REPEAL OF CONFLICTING PROVISIONS All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. All Special Acts of the legislature applying only to the unincorporated portion of Indian River County and which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. SECTION 3 CODIFICATION The provisions of this ordinance shall be incorporated into the County Code and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intentions. N O V 11988 30 tmer 75 DLE 30 SECTION 4 SEVERABILITY If any section, part of a sentance, paragraph, phrase or word of this ordinance is for any reason held to be unconstitutional, inoperative or void, such holdings shall not affect the remaining portions hereof and it shall be construed to have been the legislative intent to pass this ordinance without such unconstitutional, invalid or inoperative part. SECTION 5 EFFECTIVE DATE The provisions of this ordinance shall become effective upon receipt from the Florida Secretary of State of official acknowledgement that this ordinance has been filed with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this. day of 1988. This ordinance was advertised in the Vero Beach Press -Journal on the 10th day of October , 1988, for a public hearing to be held on the 1st day of November. 1988, at which time it was moved for adoption by Commissioner Bird seconded by Commissioner Eggert vote: , and adopted by the following Chairman Don C. Scurlock, Jr. Nay Vice Chairman Gary C. Wheeler Aye Commissioner Richard N. Bird Aye Commissioner Margaret C. Bowman Aye Commissioner Carolyn K. Eggert Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By c Don . Scurlock, Jr. / C,iairman 31 N O V 11988 BOOK 75 PAGE 31 ROCKRIDGE AREA SEWER SYSTEM - RESOLUTIONS ON 3 CATEGORIES OF PRELIMINARY ASSESSMENT ROLL The hour of 9:05 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: VERO BEACH PRESS -JOURNAL Pu(blichee' Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal. a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement, being a S\ k P„ • in the matter of 00t_S\ \ \ C %\\ t2r in the _ a Court. was pub- Iished in said newspaper in the issues of O ?� • \%'.1, `Cm\v 0 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 t-urther 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. e—+.y, Sworn to and subscribed betore me this; day of A.D.(--,--\a- 19 () • (Busi s Manager) 9 ) (SEAL) :rTurf t t Maki of Pfretfra The NOTICE a PutRiverC �n�t,. Florida.� ghereby%Aunty Commissioner* provides notice of Tro- Tuesday. no 988olution, to discuss a eduled for 9:05 A.M. on ment pro in Inde m ting to a special ss- Rockridge Sanitary Sewer � County for this . wish to appeal any decision whAnywho one e at this meeting will r to ings is made, verbatim record of the proms testimony and dent upon r o8. w j� a preal sed. e+rl- Utilities Director Terry Pinto reviewed the following: 32 N O V 11988 BOOK 75 FAEE 32 DATE: OCTOBER 24, 1988 TO: WILLIAM G. COLLINS, II ACTING COUNTY ADMINISTRATOR THRU: TERRANCE G. PINT �..% DIRECTOR OF UTIL Y ERVICES FROM: ERNESTINE W. WILLIAMS,Auf MANAGER OF PROJECT ADMINISTRATION SUBJECT: ROCKRIDGE AREA SANITARY SEWER SYSTEM IRC PROJECT NO. US -87 -08 -CCS - EPA PROJECT NO.C-120502060 APPROVAL OF RESOLUTION III AND PRELIMINARY ASSESSMENT ROLL BACKGROUND The Rockridge Area Sanitary Sewer System is ready for approval of the Preliminary Assessment Roll. ANALYSIS Resolutions establishing assessment criteria and setting up the Public Hearing date were passed on October 11, 1988. The Preliminary Assessment Roll consists of three categories. The estimated gross assessed cost of each category is as follows: 1. Line extension 2. Grinder Pumps 3. Impact Fee $ 527,500 282,800 505,000 Total Estimated Gross Assessed Cost: $1,315,300 This cost has been distributed among the property owners on the basis of line extension, grinder pump, and impact fee as shown in the attached Preliminary Assessment Roll. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board approve the Third Resolution establishing the Preliminary Assessment Roll. - Director Pinto informed the Board that the project is an EPA/DER funded project at the rate of 55% for the preliminary grant and then because of the type of system being built, there is another 20% that becomes available at a future date. The assessment itself is covering only a minor part of the project because of the federal grants. The total cost, including the impact fees, is in excess of 3 million, which comes out to approximately $7,000 per unit. NOV 11988 33 oar ID Ent 33, Chairman Scurlock noted the total amount of the grants.would be around 1.6 million, and that combined with the grant we are going to get later on the sludge facility totals 3.2 million that the Utilities Department has been successful in pursuing and he felt they should be commended as well as Camp, Dresser, McKee. Director Pinto further noted that the grant is particularly important on this project because without it, it would cost about $7,000 per unit, and at that cost, he felt the project couldn't be built. The total assessment we ended up with is about $3,200 per unit, and because of the type of financing that is going to have to be put together on this project, our bond counsel has recommended that we break the assessment down into three separate resolutions - one covering the impact fees, one covering the grinder pumps, and one covering the line extensions themselves. Director Pinto continued to explain the project, which is a low pressure sewer system with individual pumping devices to service each home. These devices are the property of the Utilities Department; we will be responsible for their operation, not the home owner; and the electric cost to run these becomes part of the entire operating budget of the utility. The people on this system will pay the exact same rate as everyone in the county. The government also feels the system as designed is the most efficient and cost effective for this area. Contracts have been awarded; the contractors have moved on site; and they are surveying now for location of the lines, etc. Chairman Scurlock asked if there will be some improvements to the water system because of installation of the sewer system, and Director Pinto confirmed that as we go along, the obvious problems will be repaired. Eventually, we will replace all of those small water lines. The Chairman asked if anyone present wished to be heard. Larry Close commented that he has not heard anyone speak to the payment terms, and he also would like to have it on public record that some people have debated whether these tiny little 34 NOV 1 1988 BOOK 5 FAH 34 grinder pumps will be in the interests of the county in the long run. He believed Mr. Pinto has been very open with the residents and is to be commended, but he felt that in the future this could be a gray area, and he would like to have something stated on the record about what other—systems were looked at to reach the conclusion that over the long term these pumps are the ideal as compared to a gravity system. Director Pinto explained that the county will bond this out on a 10 year bond payment, and it will be financed over a ten year period. After the project is done, we come in for the final assessment which cannot exceed the $3,200, and at that point, the residents have 90 days to choose the option of whether they want to pay it over the 10 year payment plan or in cash. On this project we probably will bill it out from the Utility Office on a monthly basis to make it easier for the people living there. The interest rate will be 1% over whatever the bonds are sold for. Attorney Vitunac believed that probably will be something less than 8%, and Financial Advisor Art Diamond later reported that today the rate is between 7 and 7/%, but that, of course, varies. Mr. Close asked if the bonds will be sold in three different chunks, and Director Pinto stated that they will be sold as one package; our Bond Counsel just wanted to break this down into three units to identify it better. In regard to the design of the project and the use of a mechanical pump for each home, which appears to be heavy in maintenance, he advised that he has had personal experience with these in rather large facilities in Florida with General Development Corp. and has also talked with people at 11 other locations throughout the United States where they have massive installations. One of the largest of these where they are using the exact same pump is in Illinois. They have had good experience with it and found the operational cost to be reasonable. Mr. Pinto explained that when you do an analysis over a long term period comparing the cost of their 3 5 NOV 11988 BOOK 75 ME 35 operation compared to the cost of the installation of gravity sewers in that area, we come out far ahead. He further pointed out that we had to do that type analysis to demonstrate the cost effectiveness of this system in order to be able to get the sewer system grant. Mr. Close brought up the point that Rockridge has quite a few "snowbirds." He believed the sewer rate tends to tie to the water rate; he asked if the residents are going to pay a fixed sewer fee or if it is going to be determined by usage based on the water rate; and if so, what about the people who are away for months at a time and there is no usage. Director Pinto explained that there is a base facility charge, a billing charge, and a charge directly related to use. The base facility charge and billing charge are billed regard- less of use; so, you would get a bill the same as your water bill as far as the method is concerned. Then, if you don't use any waste water, which is something like $2.86 per 1,000 gallons, you don't get charged for that. Carroll Watson, resident of 16th Place, informed the Board that he was told at the meeting in Rockridge that this would cost about $3,200 per unit, but he has received a letter which says that since he elected not to participate in the federally funded portion of this project, he is being assessed $1,250 to run the line up to the house. Mr. Watson stated that is not correct; he did send in a notarized letter saying that he would participate; and he has a copy of it. Director Pinto advised that if that is the case and Mr. Watson wants to participate, we can add his name to the Roll right now. Mr. Watson gave his address as 676 16th Place, and Chairman Scurlock directed that the record note that we will add Mr. Carroll Watson of 676 16th Place, Vero Beach, Fla., to the Assessment Roll. 36 N O V 11988 BOOK 75 ME 36 Attorney Vitunac asked if any others were present who have not participated in this project because this would be a good chance to add their names to the roll. No one responded. Bill Nelson, 230 14th Street, expressed his confidence in the design of the system -and wished to express his personal thanks to Utility Director Pinto and Project Administration Manager Ernestine Williams, with whom he worked closely over the whole effort to get the grant. Paul Amundsen, owner of a house at 1340 4th Court, wished to know if he heard correctly that there is a deadline as to whether someone chooses to pay in cash or in installments. Chairman Scurlock advised that they have a 90 day period in which to decide, and Mr. Amundsen asked if after that period your choice is "set in concrete" or if there is some flexibility as to whether you can pay it off. Director Pinto explained that to become part of the financing, you have to choose within 90 days after completion of the project. Once you have started financing, it can be paid off in advance, but there is a penalty. The Chairman asked if anyone else wished to be heard. There were none, and he thereupon declared the public hearing closed. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Wheeler, the Board unanimously adopted the following Resolutions for the Rockridge Sewer System: #88-112 - Confirming the Special Assessments for a Low Pressure Grinder Pump System #88-113 - Confirming the Special Assessments for Line Extensions #88-114 - Confirming Special Assessments in Lieu of Impact Fees 37 N O V 11988 BOOK FACE 37 RESOLUTION NO. 88- 112 A RESOLUTION OF INDIAN RIVER COUNTY CONFIRMING THE SPECIAL ASSESSMENTS FOR: A LOW PRESSURE GRINDER PUMP SYSTEM FOR THE ROCKRIDGE AREA SANITARY SEWER SYSTEM E.P.A. C-120502060 DESIGNATED AS PROJECT US -87 -08 -CCS AND PROVIDING FOR AN IMPROVEMENT LIEN TO BE MADE OF RECORD. WHEREAS, the Board of County Commissioners of Indian River County, by Resolution No. 88-100, adopted October 11, 1988, determined to make special assessments in connection with the low pressure grinder pump system to be installed in approximately 404 properties designated on the assessment plat with respect to the special assessments; WHEREAS, said resolution described said improvements, designated the location of the improvements to be constructed, the part or portion of the expense thereof to be paid by special assessments, the manner in which said special assessments shall be made, and how said special. assessments are to be paid; WHEREAS, the resolution was published as required by §11-44, Indian River County Code; WHEREAS, an assessment roll in connection with the special assessments has been prepared; WHEREAS, the Board of County Commissioners of Indian River County passed Resolution No. 88-101 on October 11, 1988, which set a time and place for a public hearing at which the owners of the properties to be assessed and other interested persons would have a chance to be heard concerning the propriety and advisability of the improvements and assessments, and for the Board to act as an equalizing board as required by §11-47, Indian River County Code; WHEREAS, notice of the time and place of the public meeting was published in the Press Journal Newspaper on October 18, 1988, and October 25, 1988 (twice one week apart and the last at least one week prior to the hearing) as • required by §11-46, Indian RTvbr County Code; 38 NOV 11988 ROOK 75 FAG[ 38 WHEREAS, the land owners of record were mailed notices on October 20, 1988 (at least ten days in advance of hearing) as required by §11-46, Indian River County Code; and WHEREAS, the Board of County Commissioners of Indian River County on November 1, 1988, at 9:05 A.M. conducted the public hearing with regard to the special assessments; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The special assessments shown on the assessment roll are hereby confirmed and approved, and shall remain legal, valid, and binding first liens against the properties assessed until paid in full. 2. That the Clerk is hereby directed to record this resolution along with the attached assessment roll which describes the properties assessed and the amounts of the special assessments on the public records, which shall constitute prima facie evidence of the validity of the special assessments. 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. Vice -Chairman Gary C. Wheeler Commissioner Richard N. Bird Commissioner Margaret C. Bowman Commissioner Carolyn K. Eggert Aye Aye Aye Aye Aye The Chairman thereupon declared the resolution duly passed and adopted this 1st Attest /.4-e-14`^‘ iCJic-c-jAC reda fight CT Attachment: ASSESSMENT ROLL NOV 11988 39 day of November, 1988. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By c o cur ock, Chairman EtQQK .75 f',4GE 39 RESOLUTION NO. 88- 113 A RESOLUTION OF INDIAN RIVER COUNTY CONFIRMING THE SPECIAL ASSESSMENTS FOR: LINE EXTENSIONS FOR THE ROCKRIDGE AREA SANITARY SEWER SYSTEM E.P.A. C-120502060 DESIGNATED AS PROJECT US -87 -08 -CCS AND PROVIDING FOR AN IMPROVEMENT LIEN TO BE MADE OF RECORD. WHEREAS, the Board of County Commissioners of Indian River County, by Resolution No. 88-102, adopted October 11, 1988, determined to make special assessments in connection with line extensions to be installed in approximately 422 properties designated on the assessment plat with respect to the special assessments; WHEREAS, said resolution described said improvements, designated the location of the improvements to be constructed, the part or portion of the expense thereof to be paid by special assessments, the manner in which said special assessments shall be made, and how said special assessments are to be paid; WHEREAS, the resolution was published as required by §11-44, Indian River County Code; WHEREAS, an assessment roll in connection with the special assessments has been prepared; and WHEREAS, the Board of County Commissioners of Indian River County passed Resolution No. 88-103 on October 11, 1988, which set a time and place for a public hearing at which the owners of the properties to be assessed and other interested persons would have a chance to be heard concerning the propriety and advisability of the improvements and assessments, and for the Board to act as an equalizing board as required by §11-47, Indian River County Code; WHEREAS, notice of the time and place of the public meeting was published in the Press Journal Newspaper on October 18, 1988, and October 25, 1988 (twice one week apart and the last at least one week prior to the hearing) as required by §11-46, Indian River County Code; 40 BOOK75 I'A JE 40 ►NOV 1 1988 WHEREAS, the land owners of record were mailed notices on October 20, 1988 (at least ten days in advance of hearing) as required by §11-46, Indian River County Code; and WHEREAS, the Board of County Commissioners of Indian River County on November 1, 1988, at 9:05 A.M. conducted the public hearing with regard to the special assessments; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The special assessments shown on the assessment roll are hereby confirmed and approved, and shall remain legal, valid, and binding first liens against the properties assessed until paid in full. 2. That the Clerk is hereby directed to record this resolution along with the attached assessment roll which describes the properties assessed and the amounts of the special assessments on the public records, which shall constitute prima facie evidence of the validity of the special assessments. 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 1st day of November, 1988. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLO'IDA By Attest Attachment: ASSESSMENT ROLL 41 114011 1` 8 o cur Chairman rox. 75 r .[ 1 RESOLUTION NO. 88- 114 A RESOLUTION OF INDIAN RIVER COUNTY CONFIRMING THE SPECIAL ASSESSMENTS IN LIEU OF IMPACT FEES FOR: THE ROCKRIDGE AREA SANITARY SEWER SYSTEM E.P.A. C-120502060 DESIGNATED AS PROJECT US -87 -08 -CCS AND PROVIDING FOR AN IMPROVEMENT LIEN TO BE MADE OF RECORD. WHEREAS, the Board of County Commissioners of Indian River County, by Resolution No. 88-104, adopted October 11, 1988, determined to make special assessments in lieu of impact fees against approximately 404 properties designated on the assessment plat with respect to the special assessments; WHEREAS, said resolution described the manner in which said special assessments shall be made and how said special assessments are to be paid; WHEREAS, the resolution was published as required by §11-44, Indian River County Code; WHEREAS, an assessment roll in connection with the special assessments has been prepared; and WHEREAS, the Board of County Commissioners of Indian River County passed Resolution No. 88-105 on October 11, 1988, which set a time and place for a public hearing at which the owners of the properties to be assessed and other interested persons would have a chance to be heard concerning the propriety and advisability of the assessments, and for the Board to act as an equalizing board as required by §11-53, Indian River County Code; WHEREAS, notice of the time and place of the public meeting was published in the Press Journal Newspaper on October 18, 1988, and October 25, 1988 (twice one week apart and the last at least one week prior to the hearing) as required by §11-46, Indian River County Code; 42 NOV 11988 � J BOOK 75 f',��L Lk WHEREAS, the land owners of record were mailed notices on October 20, 1988 (at least ten days in advance, of hearing) as required by §11-46, Indian River County Code; and WHEREAS, the Board of County Commissioners of Indian River County on November 1, 1988, at 9:05 A.M. conducted the public hearing with regard to the special assessments; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The special assessments shown on the assessment roll are hereby confirmed and approved, and shall remain legal, valid, and binding first liens against the properties assessed until paid in full. 2. That the Clerk is hereby directed to record this resolution along with the attached assessment roll which describes the properties assessed and the amounts of the special assessments on the public records, which shall constitute prima facie evidence of the validity of the special assessments. 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 1st Attest reda ri day of November, 1988. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORID By Do'h'C. ScGrlock, Chairman ATTACHED PRELIMINARY ASSESSMENT ROLLS ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD. 43 NOV 1 1988 a 75 F g` F. NIB INSURANCE COVERAGE FOR FISCAL YEAR 88/89 Acting County Administrator Collins reviewed the following: TO: Board of County Commissioners DATE: October 26, 1988 FILE: SUBJECT: INSURANCE COVERAGE FOR FISCAL YEAR 88/89 FROM: William G. Collins II REFERENCES: Acting County Administrator On October 14th presentations were made by representatives from three insurance companies to the County's Risk Manager, Director of Office of Management & Budget, County Attorney, and myself. I requested each of those present to arrive at an independent recommendation for the County insurance program in the upcoming year. In the attached memos, Risk Manager Susan Tillman recommends going with •the firm of Arthur J. Gallagher & Company, under a limited self insurance program. Budget Director Baird and County Attorney Vitunac recommend staying fully insured with the Florida League of Cities in most instances. ANALYSIS If the County is to go self insured with Gallagher & Company, it will require the payment of a $638,000 premium. The County must further self insure to the amount of $100,000/$200,000 per loss until such time as the County has paid $600,000 in claims. At that point Gallagher & Company would pay any claims in excess of those amounts up to $1,000,000. The advantage to such an approach is that we could earn roughly $24,000 in annual interest •on the premium savings. That is, until claims were paid, money would be in County accounts earning interest However, discussions at the presentations by the Insurance Company indicated that the vast majority of our claims are small in nature. Thus we would probably be paying all claims ourselves and not having the benefit of insurance coverage which didn't kick in until after a Targe deductible was paid. To me this looks like we are paying $638,000 in premiums for the advice that we should set up a separate fund which may not be claimed against, and once that fund grows over the course of several years we will have sufficient funds to be self insured and avoid future premiums altogether. I am of the opinion that we shouldn't go halfway like this. If we are going to be self insured we should save that $638,000 in premium now. However, I do not believe the County is ready to go self insured because it does not have a risk limitation program in place currently. Based on the presentations made by the insurance companies, I was of the opinion that the County would be best served by obtaining from the Schlitt Company the following coverages: property, flood and earthquake, fidelity bond, boiler and machinery and valuable papers; from the Florida League of Cities public officers liability, general liability, errors and omissions, and risk management services, workers' compensation, and equipment/marine coverage. I would recommend that the coverages being obtained from the Florida League of Cities be first dollar coverage to the amount of $1,000,000. CONCLUSION I concur in the recommendations of OMB Director Baird and County Attorney Vitunac that we should stay insured for the coming year and adopt the recommendations set out on Page 2 of Mr. Baird's memo of October 25th. 44 NOV 1`98 BOOK 75 PSGE 44 TO: Bill Collins Acting County Administrator FROM: DATE: October 26, 1988 FILE: SUBJECT: SELECTION OF INSURANCE COVERAGES FOR FISCAL 88-89 Susan M. TillQ REFERENCES: Risk Manager BACKGROUND On September 27, 1988 at The Commission Meeting, the Risk Manager presented renewal rates for present insurance coverages. At this meeting the Risk Manager also recommended that the County Commission not renew former negotiated coverages and in lieu of same consider the Gallagher Bassett Package Program. The Board asked all insurance representatives at the meeting which included Louis Schlitt, Hamilton Arden, Brad Clark, Florida League of Cities and Glen Toby, Gallagher Bassett questions relating to each offered coverage. It was then decided to take the matter of insurance under advisement for thirty days for review by staff. During the thirty day period a meeting was called by the Risk Manager so that Joe Baird, Charles Vitunac and Bill Collins could meet with each insurance company who put forth a package plan and ask questions. The Board of County Commissioners was also given copies of all package proposals for their review. ANALYSIS The average dollars paid for Property and General Liability claims (including Auto and Public Officials Liability) for the past four years was $20,983 or a total of $83,933. During the past four years the premiums paid on the above cove- rage approximated in excess of two million dollars. This is $1,900,000 more than claims paid. The question becomes why are such premiums paid.when the claims experience is so low. The $2,000,000 paid during that time could have accumulated interest for the County so that with current premium money budgeted the insurance fund could be at almost four million dollars in fiscal 89-90. Average dollars paid for Worker's Compensation over the past four years was $113,090. Total dollars paid during that time was $452,361. Approximately $2,000,000 in premiums was also paid on this type coverage over the past four years or $1,500,000 more than we paid in claims. The interest accumulated on this money plus the addition of this year's budgeted premium could have accumulated to develop a fund of approximately $3,000,000 by now. The above analysis shows that the County could have accumulated approximately seven million dollars in an insurance fund on this date had claims been paid in house rather than through the purchase of exorbitant insurance premiums. NOV 11988 45 BOOK 75 PAGE 45 This is the rationale behind embarking on a self insured program. When a claimant files a claim he or she must give the County six months notice per Florida statute 768.28. During that time the County conducts its investigation. A lawsuit cannot be filed by claimant until the end of the six month period unless the claim has been denied pzior thereto. With discovery another six months to a year is usua]ily invloved. This would mean that a claim of any proportion would not even be paid until at least a year to two years if an appeal is taken. All that time the county could be accumulating interest on its own money held in its loss fund instead of paying out same in premiums. Below is a synopsis of the packages presented thus far and a reiteration at the end of renewal costs for insurance in place. FLORIDA LEAGUE OF CITIES General Liability - Includes Property and Auto Physical damage County N. Fire District S. Fire District No deductible $380,092 Included Included 1 million coverage includes Attorney fees and Claims Managment. 100,000 deductible $238,398 Included Included Attorney fees and Claims Management not included. No deductible $421,256 Included Included 1,500,000 Coverage includes Attorney fees and Claims Management. No deductible $446,588 Included Included 2,000,000 Includes Attorney fees and Claims Management. Deductible $279,562 Included Included 100,000 Does not include Attorney fees or Claims Management. 1,500,000 coverage. Deductible 100,000 Same as above but 2,000,000 coverage. No deductible Claims handling and Attorney fees included. 10V 1 �d8 $304,894 Included Included WORKER'S COMPENSATION County N. Fire District S. Fire District $526,218 Included Included 46 BOOK 75 F'AGE 46 First dollar coverage (No Deductible) with one million limits of liability on General Liability and Worker's Compensation is $906,310. This figure will have the possibility of being as much as $200,000 higher when audits are conducted based on current State Worker's Compensation rates, actual experience modification promulgated by the State and final audited payroll. This could possibly total $1,106,310. One hundred thousand dollar deductible on the General Liability with one million limit on the General Liability and first dollar coverage on the Worker's Compensation would cost approximately $821,533. With possible audit bills of $200,000 the total cost would be approximately $1,021,533. With the above $100,000 deductible plan the County would have to handle claims in house as well as the legal part of claims in house in addition to the payment of premium. If done with present staff there would be little extra cost. If hiring outside service it might total approximately $100,000. SCHLITT SERVICES PACKAGE PLAN County N. Fire District S. Fire District Deductible $191,040 Included Included 100,000 Claims service included. Attorney service not included. 1,500,000 limit per claim. Property 5,000 Deductible $58,102 Included Included Worker's Comp. $76,103 Included Included 175,000 Deductible Each loss includes claim service. Not Attorney fees under $175,000. one million deductible. Risk Management $45,000 Included Included service for above claims handling and Safety counseling for Gen. Liability and Worker's Comp. Fidelity Bond $3,465 The above program is proposed with the concept that all claims service is included. Attorney's fees are considered part of the claim. Attorney's fees will be considered part of the deductible. Please note that if there are different type losses on the same occurrence date, the different deductibles apply. For example if there is property loss, Worker's Compensation and General Liability loss due to one incident, a $5,000 deductible for property, $175,000 for Worker's Compensation and $100,000 for General Liability will apply or $280,000. The most that will be paid per occurrence for a Worker's Compensation loss is one million dollars. Total for the above is $370,245. This would leave approximately $826,209 after statutory bonds are paid in a County bank account/ loss fund for payment of claims under the deductible amounts. This money would accumulate interest and not be paid until a claim is paid. 47 .Q 75 FVE NOV 11988 GALLAGHER - BASSETT General Liability (Includes Property, Public Officials and Auto) and Worker's Compensation County N. Fire District S. Fire District 100,000 . $638,000 Included Deductible does not include claims service or Attorney fees which are con- sidered part of claim. One million limit. Included The above program operates so that the County keeps the remaining money budgeted for insurance or approximately $600,000 in an insurance claims fund accumulating interest. When claims are paid a bill is sent to Finance. The Risk Manager can approve or disapprove claims to be paid over $2500. The most the County could pay in one year is the $600,000 that was budgeted for insurance, Plus $638,000 premium totalling $1,238,000.Ueductib14.above experienced loses. When the $600,000 is used, aggregate coverage kicks in to cover claims on a dollar one basis up to onemillion for five more claims. The County would have to have over eleven different occurrence losses (different times) over $100,000 in order to pay anything toward a claim. The past four years experience has not indicated that this is likely and is the basis upon which insurance companies rate exposure and figure premiums. The average paid over the past four years for all types of coverage is $135,000. The possibility of eleven catastrophic losses ever occuring in one year is minimal as all insurance agents who have submitted package plans are aware. The same scenario could occur with any of the other plans submitted. With Florida League of Cities, a claims bill which might exceed one million would be paid by the County. In other words if a claims bill was returned for five million, the Florida League would pay one million, leaving four million to be paid by the County. Where a small child loses an eye or limb that possibility is always present. The Schlitt program would work similar except that the limits are $1,500,000. Claims are not paid however based on a claims bill. For example if a County driver hits and kills a small child and the parents file a wrongful death action, the County may want to settle this for $500,000. This would be possible under the Schlitt program. The county would pay $100,000. Insurance would pay $400,000. Under. the Florida League program, the County could not settle a claim and be compensated by the League. It would have to be a judgement predicated by a claims bill or civil rights action. If present coverages are renewed, the cost is as follows: 48 N Q V 11988 BOOK 75 F'a;E 48 Worker's Comp. (Includes County, North and South Fire Districts) No deductible Fla. League of Cities Schutt Arden -Waddell • Approx. 526,218 General Liability Approx. 380,092 (Includes Auto Liab- (County and ility and Auto Phys- NCFD) ical damage) County, North and South Fire Districts. No deductible Property - 58 million in county property. Boiler and machinery. $51000 deductible Accidental, Death statutory policies and North and South Fire Districts. $906,310 84,687 (SCFD) 13,618 14,458 1,700 54,780 (County and NCFD) $114,463 $54,780 Total premiums for 88-89 - $1,075,553 plus approximately $184,000 in Florida League audits or $1,259,553. RECOMMENDATION Risk Manager recommends that the Board embark on a limited self insurance program. The Gallagher plan appears to offer the most coverage and least amount of risk for a start up program. Arthur J. Gallagher Company has been in business since 1927. Other counties presently participating in the program are Aluchua, Brevard, Broward, Clay, Citrus, Collier, Escambia, Manatee, Marion, Martin, Metro Dade, Monroe, Palm Beach, Seminole. If a property, Worker's Compensation and General Liability loss all occur atthe same time, the most the County will pay for any one occurence is $100,000. There is a $600,000 cap on losses which the County might pay which the other package plans do not offer. It would be approximately one to two years before a claim might be paid which goes -to trial. • The Risk Manager has discretion on any claim settled over $2,500. With present claims experience the County could accumulate over $1,600,000 in its own fund plus interest in four years. A total self insurance program could then be embarked upon without the need to join a pool or use bonds. ALTERNATIVES 1. Renew present coverages for $1,155,315. 2. Try the Florida League of Cities $100,000 deductible program which pays claims in excess of $100,000 when a claims bill or civil rights action is obtained. Settlements are not possible. Cost is approximately $949,038 which includes property coverage. 3. Try the Schlitt package. Pays claims for property in excess of $5,000, Worker's Compensation in excess of $175,000 and General Liability $100,000. Does not rely on claims bill or civil rights action. Claims may be paid and settled without a lawsuit if the County so desires and excess carriers approve. Total cost is $370,245. NOV 1 1988 1 49 BOOK 75 FADE 49 TO: William G. Collins, II Acting County Administrator DATE: October 25, 1988 SUBJECT: INSURANCE RECOMMENDATION REVISION FROM: Joseph A. Baird OMB Director (L SUMMARY Due to complexity of the insurance proposals, the attached matrix is to help organize the information that was presented. I believe the matrix can be used for comparative purposes for the most part; however, it must be understood that there are other factors (i.e. fine print in insurance documents). I have made recommendations in some cases that do not appear on the matrix because there were renewals of existing carriers that did not bid self insurance and if I left them out it is my feeling we would not be giving a fair analysis. RECOMMENDATION Liability Insurance, Automobile Liability, Worker's Compensation, Equipment Floater. Automobile Collision Remain with the Florida League of Cities under Option One. with $1,000,000 limits. I cannot foresee self insuring at this time for the following reasons: 1. In reviewing our history, the majority of our claims have been claims for under $100,000 per occurrence. Maybe two or three have exceeded the $100,000 amount in the last five (5) years. 2. If we are considering going self insurance, do not go part way. Make a full commitment and do it entirely and save the big dollars. All the plans are suggesting we set aside considerable amounts for anticipated losses. 3. We will have an increased administrative headache with very little savings (possibility of no savings). 4. We should implement and have in place good safety programs before committing to self-insured. a. Implement safety procedures b. Hold safety meetings c. Have safety training classes d. Etc. 5. We will probably have to add staff to properly control our insurance costs. 6. Take more time to evaluate other alternatives of self insurance like issue bonds, pools, etc. which are complex, but could have long term savings. 7. County has a lot of new staff in the area of personnel and insurance and they are just getting acquainted to their job and environment. This change over will take away considerable time from other tasks. 50 NOV 11988 BOCK PGE 50 PROPERTY INSURANCE I do not feel it is worth the exposure of self insuring Property and Buildings when premiums are only $50,000 to $60,000 and one fire in the Sheriff's Building or Administration Building could wipe out our potential savings for years to come. (Consider a fire of only $80,000 would wipe out three (3) years of savings.) I recommend we either stay with our current carrier, Arden Waddell at a premium cost of $53,093 with $2,500 deductible (premium does not include South County Fire Property) or Schlitt Insurance Inc., which bid $39,938 (including South County Fire Property) with a $10,000 deductible. Arden Waddell needs to be given South County Fire's property information and then we can determine which is the best alternative for the county.. BOILER AND MACHINERY Remain with the Schlitt Agency at a cost of $14,558. There is -really only two companies that write this insurance. Most insurance agents will bid the same premiums. FIDELITY BOND Either Arden Waddell or Schlitt Agency - both are bidding $3,456 and same deductible. INSURANCE COSTS PER MY RECOMMENDATIONS Agency FL League of Cities FL League of Cities FL League of Cities FL League of Cities FL League of Cities Schlitt or Waddell Schlitt or Waddell Arden Waddell Schlitt Agency Type of Insurance Worker's Compensation General Liability Automobile Liability Auto Physical Damage Equipment (Inland Nay.). Property Coveage Fidelity Coverage Money and Security Boiler and Machinery cc: Jack Price - Personnel Susan Tillman - Risk Management Attachment NOV 11988 51 Amount $526,218 $128,599 $122,784 $ 39,247 $ 25,491 $ 53,083 $ 3,465 $ 342 $ 14,558 $913,787 BQOK 75 PVJ 51 REV 1 S 1 0 N SCHLITT INSURANCE SERVICES, INC. ARTHUR J. GALLAGHER & CO. MIAMI, FL FLORIDA LEAGUE OF CITIES FIRST DOLLAR COVERAGE OPTION ONE 51,000,000 51,500,000 52,000,000 FLORIDA LEAGUE OF CITIES 510,000 DEDUCTIBLE OPTION TWO 51,000,000 51,500,000 52,000,000 FLORIDA LEAGUE OF CITIES SELF INSURANCE (100,000/200,000) OPTION THREE 51,000,000 51,500,000 52,000,000 FIDELITY BOND Cost of Insurance Deductible Insurance Limit 3,465 10,000/each loss 500,000 NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID 1 NO BID EQUIPMENT Cost of Insurance Deductible Insurance Limit 2,956 10,000/each loss 2,955,608 SEE INSUANCE TOTAL 100,000/200,000 25,491 •(1) 3,094,554 • 25,491 *(1) 3,094,554 25,491 •(1) 3,094,554 25,491 •(1) 3,094,554 25,491 •(1) 3,094,554 25,491 *(1) 3,094,554 NONE NONE NONE WORKER'S COMPENSATION Cost of Insurance Deductible Insurance Limit 76,103 175,000/each loss 1,000,000 SEE INSURANCE TOTAL 100,000/200,000 1,000,000 526,218 NONE 100,000/500,000 526,218 NONE 100,000/500,000 526,218 NONE 100,000/500,000 526,218 NONE 100,000/500,000 526,218 NONE 100,000/500,000 526,218 NONE 100,000/500,000 526,218 NONE 100,000/500,000 526,218 NONE 100,000/500,000 526,218 NONE 100,000/500,000 VALUABLE PAPERS Cost of Insurance Dtible Ig urance Limit 650 S100/each loss 1,300,000 INCLUDED PROPERTY 5,000 PER LOC. INCLUDED PROPERTY 5,000 PER LOC. INCLUDED PROPERTY 5,000 PER LOC. INCLUDED PROPERTY 5,000 PER LOC. INCLUDED PROPERTY 5,000 PER LOC. INCLUDED PROPERTY 5,000 PER LOC. INCLUDED PROPERTY 5,000 PER LOC. INCLUDED PROPERTY 5,000 PER LOC. INCLUDED PROPERTY 5,000 PER LOC. LIABILITY Cost of Insurance Deductible Insurance Limit 112,675 100,000/200,000 1,500,000 SEE INSURANCE 5100,000 per occurrence/ 5600,000 per aggregate 1,000,000 128,599 0 1,000,000 149,428 0 1,500,000 162,246 0 2,000,000 103,015 10,000 1,000,000 1230)44 136,662 10,900 10,000 1,500,000 r 2,000,000 55,503 100,000/200,000 1,000,000 76,332 89,150 100,000/200,000100,000/200,000 1,500,000 2,000,000 AUTOMOBILE LIABILITY Cost of Insurance Deductible Insurance Limit 78,365 100,000/200,000 5100,000 per occurrence/ 5600,000 per aggregate 122,784 0 100,000\200,000 143,119 0 1,500,000 155,633 0 2,000,000 • 99,536 10,000 100,000/200,000 119,871 132,385 10,000 10,000 1,500,000 2,000,000 . 54,186 100,000/200,000 1,000,000 74,521 87,035 100,000/200,000100,000/200,000 1,500,000 2,000,000 AUTO. COLLISION, COMPREHENSIVE Cost of Insurance Deductible Insurance Limit 78,365 100,000/200,000 • 29,247 1,000 •(1) Item with value of under 515,000 - S250; 515,000-550,000 - S500; Over 550,000 - S290 N/A 29,247 1,000 N/A 29,247 1,000 N/A 29,247 1,000 N/A 29,247 29,247 1,000 1,000 N/A N/A NONE NONE NONE NONE NONE NONE NONE NONE NONE SCHLITT INSURANCE SERVICES, INC. ARTHUR J. GALLAGHER 8 CO. MIAMI, FL 11,000,000 $2,000,000 FLORIDA LEAGUE OF CITIES FIRST DOLLAR COVERAGE OPTION ONE $1,500,000 52,000,000 FLORIDA LEAGUE OF CITIES $10,000 DEDUCTIBLE OPTION TWO $1,000,000 11,500,000 FLORIDA LEAGUE OF CITIES SELF INSURANCE (100,000/200,000) OPTION THREE 11,000,000 11,500,000 12,000,000 PROPERTY Cost of Insurance Deductible 39,938 5,000/each occurrence Insurance Limit 58,000;000 Included in total cost 1100,000 per occurrence/ $600,000 per aggregate 59,413 59,413 59,413 59,413 59,413 59,413 25,000 25,000 25,000 25,000 25,000 25,000 49,922,445 ' 49,922,445 49,922,445 49,922,445 49,922,445 49,922,445 59,413 25,000 49,922,445 59,413 59,413 25,000 25,000 49,922,445 49,922,445 FLOOD AND EARTHQUAKES Cost of Insurance Included in total cost Deductible 5,000/each occurence loss 5,000/each occurence earthquake Insurance Limit 50,000 each (F 8 E) Included in total cost 2,500,000 Flood 1,000,000 Hew Location 2,500,000 Earthquake BOILER AND MACHINERY Cost of Insurance Deductible Insurance Limit 14,558 1,000 each loss 500,000 RISK MANAGEMENT FEE 45,000 14,558 1,000 each loss 500,000 14,558 1,000 each loss 500,000 • 14,558 1,000 each loss 500,000 • 14,558 1,000 each loss 500,000 14,558 1,000 each loss 500,000 14,558 1,000 each loss 500,000 14,558 1,000 each loss 500,000 14,558 1,000 each loss 500,000 14,558 1,000 each loss 500,000 N/A N/A N/A N/A N/A N/A 45,000 Est. 45,000 Est. 45,000 Est. TOTAL INSURANCE COST 373,710 638,173 906,310 947,474 958,248 857,478 898,642 923,974 754,878 796,042 821,374 EXPECTED LOSS/ CATASTROPHIC LOSS FUND 826,290 289,515 300,000 TOTAL ALL COST 1,200,000 927,688 906,310 947,474 958,248 857,478 898,642 923,974 1,054,878 300,000 1 300,000 1,096,042 1 1,121,374 1 1 TO: William G. Collins, II, Acting County Administrator FROM: Charles P. Vitunac, County Attorney DATE: Octol5er 26, 1988 RE: INSURANCE RECOMMENDATIONS On Friday, October 14, 1988, I attended an insurance presentation at which you, Joe Baird, and I listened to proposals from three different insurance companies, i.e., the Florida League of Cities, Gallagher -Bassett, and the Schlitt Insurance Agency. You have asked for recommendations from Joe Baird and me concerning our opinion of the presentations. My recommendation for liability insurance coverages would be to remain with the Florida League of Cities. I make this recommendation because the $638,000 pure premium paid to the Gallagher Company plus the County's payment of the first $100,000/$200,000 of each incident are such high numbers that the County is not guaranteed a savings over the policies which it already has. Without a strong possibility of dollar savings, there are other reasons to remain with an insurance company with which we are familiar. These are as follows: There have been considerable personnel changeovers in Indian River County in the last six months including the creation of the position of Risk Manager, and there has not been sufficient time for the development and implementation of a serious risk reduction program. Any full or partial self-insurance program requires a strong component of risk reduction to ensure cost savings. I believe that the 1989 budget year would be a more appropriate time to consider self-insurance proposals. Waiting until October 1989 to reconsider this matter would also allow the County time to develop a plan for total self insurance --either alone or with Vero Beach or with some other pooling arrangement. The pool concept is expanding geometrically now throughout the United States in public agencies and if our County can establish a low.Ioss rate and join with similarly situated public agencies the possibility of real cost reduction would be available. In conclusion without a convincing reason to switch companies, I would recommend staying with the Florida League of Cities for the liability policies and authorizing staff to continue to investigate self-insurance concepts for the next fiscal year. 54 NOV 11988 15 PAGE 54 Acting Administrator Collins noted that the comparisons shown by Mrs. Tillman show a savings if we go with the Gallagher plan exclusively as opposed to going with Florida League of Cities exclusively or Schlitt exclusively, but Mr. Baird's recommendation uses a combination of proposals and comes up with a total premium of $913,000, which would give us one million of coverage with no deductible whatsoever. We would be paying Gallagher $638,000 as a premium, which fs substantially less than the premium for being fully insured, but whether or not we would save any money would depend on the Toss we experience in the coming year. Mr. Collins continued to quote the various costs of the Gallagher -Basset package, noting that to begin with you know that you have spent the premium of $638,000; then Gallagher -Bassett recommends that we set aside approximately $260,000 in a Toss fund. That represents the average of our losses over the past few years. If we add our Toss fund for our experienced claims to our premium, we are up to $927,000. We can deduct about $24,000 for the interest we can earn on that fund until we pay it out, but we would also have to pay out about $48,500 for claims service and attorney's fees on each of these claims unless we were going to absorb that cost as part of our deductible. As Mr. Collins saw it, that would bring the total package for the Gallagher -Bassett plan to $951,000 for being partially insured. He noted that the great majority of our claims are in the $1,500 to $15,000 range, and it is very doubtful we would ever hit that deductible except in the event of catastrophic loss. Until we have a solid safety program, he could not recommend we pay more for Tess coverage. Mrs. Tillman advised that the $260,000 figure is incurred losses (that is when you set aside reserves) and $135,000 is the actual paid claims average for the last four years. She did not understand the $48,000 Mr. Collins cited for claims service. 55 NOV 11988 BOOK 75 FACE 55 Acting Administrator Collins explained that in the material presented by Mrs. Tillman on the Gallagher -Bassett, it states that "Deductible does not include claims service or Attorney fees which are considered part of claim." He read this to mean that we would have to pay that -unless we bought their claims service package. Mrs. Tillman believed that is included in their premium and that it is considered part of a claim, and Glen Tobey, the representative from Gallagher -Bassett, confirmed that it is in the actual policy; it is included in the ultimate net loss; so the $48,000 figure cited by Acting Administrator Collins should not be added. Mrs. Tillman then pointed out that with the Florida League of Cities you have to add extra monies as there are no figures included for audits during the year of both General Liability and Worker's Compensation. She believed the audits for this last year will amount to $92,000 each, and those figures should be added into their total premium. Byron Cotrell, representative from the Florida League of Cities, advised that they expect to make a return on General Liability because the tax will drop the premiums $100,000 from last year to this year on the renewal, and the audit is expected to come down also. Acting Administrator Collins believed the audits referred to by Mrs. Tillman are a state requirement, and he asked if it wouldn't be the same for any carrier. Mrs. Tillman stated that when you are dealing with a self-insured type program, you do not have to comply with those rules. The Florida League of Cities does have to comply with them, and therefore, we do have to adjust their figures based on state rates. They have to audit our expenditures throughout the year and see what has changed and then possibly increase our premium or possibly decrease it, but she has never seen a decrease. 56 NOV 11988 BOOK 75 fr1%E 56 Commissioner Bird believed the Board could spend the rest of the day listening to the various arguments and then be even more confused. He noted that Mrs. Tillman is our Risk Manager; we hired her because of her expertise in this area; and he would like her to have a few minutes to go over her recommendation. Chairman Scurlock also found it confusing that the Risk Manager makes a recommendation and staff is in opposition to that recommendation, and the specific details still seem to be floating about. He agreed we should hear what Mrs. Tillman has to say. Mrs. Tillman informed the Board that her recommendation is based on her experience. She has been working in the insurance and legal fields for the last 16 years, and she set up a self- insurance program for the City of Hallandale from its infancy. She then reviewed how she did this, first setting it up with the Florida League of Cities, and it ended up making over three million dollars in five years. After the first three years, they did away with the Florida League of Cities for General Liability and went totally self-insured because they felt they had so much money in their own reserve fund that they did not need access coverage any more. That program was very successful and it is still in effect and still making money. Mrs. Tillman stressed that her expertise is in this area and that is probably why she sees this differently from those here who are not totally familiar with self-insurance and what is involved. She stressed that she feels the Gallagher -Basset program offers the least amount of risk and would afford the county the opportunity to see what self-insurance is about without taking the risk. Chairman Scurlock noted that we have the two numbers at this point if we go with the combination, and he asked what the number would be if we go with Gallagher -Bassett. Mrs. Tillman stated she would take the $638,000 and add the average losses you would expect to pay, or $135,000, and the Chairman noted that she is then talking potentially a couple 57 N O V 1 1988 BOOK 75 57 hundred thousand dollars less for going with the Gallagher program. He believed the risk window for the Gallagher Plan is between the $135,000 we think we are going to spend and the $600,000. Mrs. Tillman did not see what the county has to lose by that program. She stressed that if you have a good year, you will have dollars left in your reserve totaling $300-400,000 plus interest since the typical claims are not paid in the year they occur, and it takes 2 or 3 years to pay a claim. Discussion continued about how much should be put in a reserve. Mrs. Tillman assumed you would take the balance of whatever was budgeted for insurance and put it into a bank account and let it accumulate interest and call it the insurance fund. She believed Gallagher suggested putting $230,000 or more in a loss fund, but stated that she personally would put in all the $600,000 or whatever is left. Commissioner Bird noted that, in other words, we budgeted about 1.2 million; so, we would put $600,000 in their premium and $600,000 in reserve and let it draw interest. Mr. Cotrell of the Florida League of Cities informed the Board that in the 86/87 year, they gave a $58,000 return on premium, and on the 87/88 year, which is coming to audit now, they expect a return based on the drop in premium for the 88/89 year. In addition to that, on the Workers Compensation for 85/86, the county received just under $53,000 in administrative savings which was investment income passed back to the members, and for 86/87 they received just under $43,000 in administrative savings returns. Question arose in regard to the net difference between the rebate and the cost of audit, and detailed discussion regarding audit and rebates continued at length and in detail. Mr. Cotrell of Florida League explained that the only time an audit comes into play is in change of exposure. It does not change the rates themselves; they remain the same - what they go 58 N O V 11988 BOOK 75 F"GE. 58 in with is what they come out with. If the payroll goes up, you pay more on Worker's Comp; if it goes down, you get a reduction, and it is the same on General Liability. It is based purely on exposure. Mr. Tobey of Gallagher -Bassett emphasized that audits and rebates are totally different and claimed that Mr. Cotrell's statement that rates don't change is totally incorrect. Worker's Comp is state regulated; the Department -of Worker's Comp has an 18% increase which the county will be paying on in the next 4-5 months; and he believed that based on premiums and modification factors, we would be looking at a $94,000 audit. He continued to discuss anticipated raises in state rates over the next few years and stressed that under a self-insurance program, his company is not subject to state rates. Mr. Cotrell pointed out that their fund is self-insured, and they do not have to adopt the Workmen's Comp rates; they can elect to keep the existing rates. He advised that if your policy is in force, you do not pay on rates that may have changed while the policy is in force, and at renewal, the League may or may not adopt the new rates. Chairman Scurlock believed Mrs. Tillman is saying there is a $200,000 savings if we go with her approach. He asked if you can simply say that for partial self-insurance you have a potential to save $200,000. He realized there is a risk associated with that. Acting Administrator Collins stated that you might save 1/4 million if you experience no losses. If you experience average losses, it will cost about the same; and if we have catastrophic losses where we have to assume the whole deductible, then it will cost about $300,000 more. Board members continued to compare figures, and argument continued between representatives of the FLorida League of Cities and Gallagher -Bassett re an audit. 59 NOV 1199 BOOK 7 FA 1,1 59. Commissioner Eggert inquired what Mrs. Tillman's experience is with the Gallagher plan, and Mrs. Tillman advised it was only from knowing other counties and cities which have that plan. Chairman Scurlock commented that we hired a Risk Manager who is supposed to be an expert, and we have everyone trying to second guess her. OMB Baird believed staff is saying that it is so close, it could go either way. Chairman Scurlock stated that he personally will go along with the Risk Manager. We hired a professional, and he felt she deserves a chance. He noted that it is her head that is on the line. MOTION WAS MADE BY Commissioner Bowman, SECONDED by Commissioner Bird, to adopt the Risk Manager's recom- mendation to embark on a limited self-insurance program with the Gallagher Plan. OMB Director Baird wished to clarify. He went over the figures presented by Gallagher and the League, and stated that actually what it boils down to is whether you think a saving of about $40,000 due to interest earnings is worth the exposure or not. Chairman Scurlock believed there is a principle in economics that says if you assume more risk, there should be more profit, and that is the decision we are trying to make - whether to assume more potential risk for a savings. Mrs. Tillman felt another condition is to look at safety from a whole new point of view. She noted that you work harder when you are self-insured because you realize the savings that can be made, and she needs to go out and stop jobs to make people perform more safely. NOV 11988 60 800v 73 r4[,,F 60 Commissioner Eggert asked if Mrs. Tillman has had safety meetings, and Mrs. Tillman advised that she has and she has been to the job sites. Commissioner Wheeler expressed his feeling that we would be increasing our exposure—$250,000 for a $40,000 savings. The Board continued to debate figures on exposure, risks, audits, average net losses over the past years, etc. Louis Schlitt came before the Board to speak in favor of the Schlitt Services Package Plan and in favor of staff's recommenda- tion. He presented his figures in detail comparing the proposals presented and emphasized that you can't just count losses, you must also count reserves. He felt the Board has not given everyone a chance and suggested that the County renew its policies and go back and review. He believed Mrs. Tillman is very knowledgeable but needs more time to get organized, and suggested the Board give her a year to be on the job before going along with her self-insurance proposal. OMB Baird expressed staff's feeling that Mrs. Tillman is right that we should go totally self-insured in the future, but did not favor the idea of being partially self-insured at this time. Commissioner Eggert stated that she is very much for going totally self-insured. She is kind of an all or nothing person, and is not totally content with what has been presented by the Risk Manager. She would initially prefer to go with the recommendation from the Acting Administrator, the OMB Director, and the County Attorney. Commissioner Bowman believed the reason Mrs. Tillman suggested going with Gallagher -Bassett this year is that she sees it as the least risk. Commissioner Bird commented that even in the short time Mrs. Tillman has been here, he feels some confidence in her and her background. Also, it seems several of the major counties in 61 NOV 11988 BOOK 75 F'rA Gf. 61 Florida are going with the Gallagher -Bassett proposal, and he believed these other counties have done their homework. Commissioner Wheeler noted that he has gone 180° on this matter. When this first came up, he was looking at the bottom line figure. The first number was 1.2 million versus $913,000; then $638,000 plus $135,000 looking at saving $400,000 , and now he is looking at saving $20-40,000 with a considerable amount of risk and he is not sure reserves haven't -been added in to our losses. Mrs. Tillman stressed that we keep our reserves and make interest on them until we spend them, and she was looking at a possible savings of $400,000, not $40,000. THE CHAIRMAN CALLED FOR THE QUESTION ON THE Motion to go along with the Risk Manager's recommendation. It was voted on and carried 4 to 1 with Commissioner Eggert voting in opposition. (AGREEMENT BETWEEN GALLAGHER BASSETT SERV.,INC., AND I.R.COUNTY BOARD OF COMMISSIONERS ON FILE IN THE OFFICE OF CLERK TO BOARD) LAND AVAILABLE FROM DNR Acting Administrator Collins reviewed the following memo, noting that he did not know the price; this is more or less a right of first refusal: NOV 11988 62 BOOK 75 PA[ 6 , TO: Board of County Commissioners DATE: October 26, 1988 FILE: SUBJECT: LAND AVAILABLE FROM DNR William G. Collins II FROM: Acting County Administrator REFERENCES: 1 • t.:;f- /0A-4/a We have been notified by the State Department of Natural Resources that it intends to dispose of two parcels of land located on 90th Ave. approximately one mile north of 8th Street. The State has notified us that before they sell it we may purchase this land for public purposes at a price no higher than it is offered for sale. The Public Works Department has indicated that the parcel could _ be used as a West County park, or as a Road and Bridge Division western field office. Pursuant to Florida Statute 253.111 the County must determine by Resolution whether or not it proposes to devote such land to public parks or other public purposes. If the Board determines that it wishes to devote this land to a public purpose it has an additional 50 days to specify the purpose and to prepare a tentative plan of development for the land which includes a date of commencement not later than two years after the date of the Resolution and conclusion of development not later than four years after the date of the Resolution. Attached is a Resolution to notify the State Department of Natural Resources of our interest in the event the Board decides to pursue the acquisition of this parcel of land. NOV 11888 ON MOTION by Commissioner Bowman, SECONDED by Com- missioner Eggert, the Board unanimously approved Resolution 88-115 notifying the DNR of our interest. 63 Nox 75 F,1 E 63 RESOLUTION #88-115 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, TO THE STATE OF FLORIDA, DEPARTMENT OF NATURAL RESOURCES PURSUANT TO FLORIDA STATUTE 253.111 (2) WHEREAS, the State Department of Natural Resources has notified Indian River County that it intends to dispose of two parcels of land located on 90th Avenue, approximately one mile north of 8th Street, on the east side of 90th Avenue, and WHEREAS, the Board of Commissioners of Indian River County have determined that the County could benefit from the acquisition of the 90th Avenue parcel to be used as either a west County park or as a Road and Bridge Division western field office, NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF. INDIAN RIVER COUNTY, FLORIDA, that: Indian River County proposes to devote such land to either public parks, or other public purposes and hereby notifies the State Department of Natural Resources of the County's interest in acquisition of this parcel. 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 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 November , 1988. this 1st day of BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FL.RIDA By 64 NOV 11988 Don C. ScUrock, Chairman BOOK 75 FAGS 64 RESOLUTION AUTHORIZING IMPOSITION OF A COUNTYWIDE E911 FEE The Board reviewed the following memo: TO: William Collins Acting County Administrator DATE: October 26, 1988 FILE: SUBJECT: Approval of Resolution Re- authorizing Imposition a Countywide E911 Fee for Re- curring and Non -Recurring Charges of E911 System FROM: Doug Wright, birector REFERENCES: Chapter 365.171, Florida Emergency Management Services Statutes and Indian River County Resolution 87-153 It is requested that the information contained herein be given formal consideration by the Board of County Commissioners during the next regular scheduled meeting. DESCRIPTION AND CONDITIONS The Indian River County Board of County Commissioners approved im- position of a $.50 fee per line per month up to a maximum of twenty- five (25) exchange lines to fund the non-recurring charges related to the E911 system on December 22, 1988. The period authorized by Resolution number 87-153 was eighteen (18) months. The eighteen consecutive month period expires in June, 1989. During the Legislative Session of 1987, the Legislature enacted House Bill 522 which amended Section 365.171, Florida Statutes, en- titled "The Florida Emergency Telephone Act", to permit the imposi- tion of a E911 fee on all residential and business telephone lines to pay for recurring and non-recurring charges assessed to the County wide E911 emergency telephone system.. The fee may not exceed $.50 per line per month up to a maximum of twenty-five (25) access lines per account. The recurring portion of the $.50 cap will be in effect for a period of twelve (12) months at which time it will be reviewed by the Florida Division of Communi- cations and the Indian River County Board of County Commissioners. Southern Bell Telephone Company is authorized to collect an admin- istrative fee equal to one (1%) percent of the total fee collected. ALTERNATIVES AND ANALYSIS Anticipated revenue generated by the E911 surcharge totals $285,000. The computation for the recurring fee portion reflects a total of $220,785 will be needed for operation of the two primary PSAP's (Public Safety Answering Point) or $.40 of the $.50 cap. The non-recurring computation for the two PSAP's reflects a need to purchase additional capital equipment in the amount of $74,136 for Central Communications. The Vero Beach PSAP plans to be moving into a new building during the month of May, 1989, and has requested a total of $90,924 in capital equipment. It should be noted that $56,924 of the $90,924 is a one time charge by Southern Bell. It should be noted that of the 50,000 lines in Indian River County, approximately 13,000 is within the City limits of Vero Beach gener- ating approximately $65,000 in revenue. Based on the requested capital equipment for the two PSAP's, a total of $170,455 is identified for non-recurring expenses. Only $.10 of the cap is available for capital equipment purchases from this surcharge. The above computations reflect a potential deficit of approximately $106,240 if all requested capital equipment is funded. RECOMMENDATION Staff recommends approval of the Resolution imposing the recurring and non-recurring E911 system fees with $.40 for recurring charges 65 OV 1 1988 HOK 75 ME 65 and $.10 for non-recurring charges. Staff also requests direction from the Board of County Commissioners as to capital equipment purchases in view of the anticipated deficit. It is felt that some of the equipment costs can be reduced if staff is given the latitude to make appropriate adjustments in cooperation with Chief James Gabbard and utilize some existing equipment in the Vero Beach PSAP. The surcharge is a small fee to pay for the level of service provided to the populace assuring a timely response in an emergency there - protecting life and property on a twenty-four hour basis year round. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bowman, the Board unanimously adopted Resolution 88-116 providing for the establishment of a Countywide "911" Telephone Fee. RESOLUTION - 88-116 A RESOLUTION OF THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ESTABLISHMENT OF A COUNTYWIDE "911" TELEPHONE FEE TO PAY FOR RE- CURRING AND NONRECURRING CHARGES; PROVIDING FOR SEVERA- BILITY; PROVIDING FOR INCLUSION IN THE INDIAN RIVER COUNTY ADMINISTRATIVE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Legislature enacted House Bill 522 which amended Section 365.711, Florida Statutes, entitled "The Florida Emergency Telephone Act" to permit the imposition of a "911" fee on all residential and business telephone lines; and WHEREAS, this fee may be used top pay for all recurring and nonrecurring charges assessed to the county wide "911" emergency telephone system; and WHEREAS, this fee may not exceed $.50 per line, per month; and WHEREAS, the "911" fee will generate revenue which will pay the cost of providing such service throughout the County including the various municipalities; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: Section 1, That the Board of County Commissioners hereby establishes a fee of $.50 per month, per access line up to a maximum of 25 access lines per account with $.40 of the $.50 cap to be utilized for recurring charges and $.10 NOV 1198 66 BOC 75 ME 66 for nonrecurring charges. This fee shall be in effect for 12 months from the effective date of this Resolution at which time it shall be reviewed by the Board prior to the beginning of Fiscal year 1989-90. Section 2. That in accordance with the provisions of Section 365.711, Florida Statutes, Southern Bell Telephone Company shall collect such fees less an administrative fee of an amount equal to 1 percent of the total "911" fee collect- ed by Southern Bell. Section 3. That in accordance with the provisions of Section 365.171, Florida Statutes, Souther Bell shall provide to the County a list of the names, addresses, and telephone numbers of anyand all subscribers who have identified to Southern Bell their refusal to pay the "911 fee. Section 4. That pursuant to the authority set forth within Section 365.171, Florida Statutes, Indian River County hereby indemnifies and holds harmless Southern Bell Telephone Company against liability for damages resulting from or in connection with "911" service or identification of telephone numbers, addresses, or names associated with any person accessing "911" service, except if Southern Bell acts with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety or property in providing such services. Section 5. That the Board hereby authorizes that a letter be sent to Southern Bell notifying them of the imposition of the fee, that the fees shall be collected by Southern Bell less an administrative fee, that Southern Bell shall provide the County with the above -referenced list and request written acknowledge- ment from Southern Bell regarding the imposed fees and other matters set forth within the 1;etter. Section 6. SEVERABILITY If any section, sentence, clause.or phrase of this Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Resolution. 67 BOOK .75 FACE: 67 NOV 11988 Section 7. EFFECTIVE DATE This Resolution shall become effective November 1. The foregoing Resolution was offered by Commissioner Eggert who moved its seconded by Commissioner-- Bowman adoption. The 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 Carolyn K, Eggert Aye Commissioner Margaret C. Bowman Aye The Chairman thereupon declared the and adopted this 1st day of Novembei1988. ,1988. motion was and, upon being put Resolution duly passed BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, F •'IDA BY Don C. Sdurloc Chairman INDIAN RIVER BOULEVARD R/W ACQUISITION Acting Administrator Collins reviewed the following, recommending the cash settlement of $269,752.50: TO: William Collins, II Acting County Administrator THROUGH: James W. Davis, P.E. Public Works Director\ FROM: Donald G. Finney, SRA`. Right -of -Way Acquisition Agent SUBJECT: Indian River Boulevard 200' R/W Grace Locke Walker Parcel No. 9 DATE: September 27, 1988 Staff requests authorization to purchase the 6.943 acre right-of-way as appraised by Napier Appraisal Services for Indian River County at $262,151. The property owner's appraisal is $243,000. 1) Payable to Mrs. Walker after January 2, 2) The existing drainage mitigated in the proposed to allow drainage and/or the east and west parcels 1989. and/or irrigation will be road design and construction, irrigation continuity between 3) There is existing road access to each parcel on 45th Street. Permanent access on the proposed road would be determined upon site plan submittal thru the Planning and Development Division. 68 NOV 1 1988 50OFF 75 FAH 68 4) Any •citrus crop maintenance, management, or derived income would remain Mrs. Walker's until actual road construction begins. 5) Approval to pay the property owners attorney fee of $3,088.50 and the property owners appraisal fee of $4,513.00 at this time as part of the settlement. Total Cash Settlement $269,752.50 MOTION WAS MADE BY Commissioner Eggert, SECONDED by Commissioner Bowman, to approve purchase of the 6.943 acre R/W from Grace Locke Walker on the terms set out above. Commissioner Bird noted that if we had to pay for the re- mainder of the R/W needed at this same rate, there wouldn't be enough money in the state of Florida to build the road. He knows that different property owners react different ways, but he believed to pay this kind of money for that strip of land and enhance the value on each side by creating Indian River Boulevard frontage property, plus give them turning lanes, access, etc., is going too far. Public Works Director Davis stated that we are not giving them access to the highway in terms of median cuts, etc. This is a pure R/W acquisition purchase, and Chairman Scurlock believed our own appraisal came in higher. County Attorney Vitunac confirmed that we would pay far more if we went to condemnation, and it would take another year to get it. Commissioner Bowman commented that the only thing that bothered her is the permanent access, but it seems it is on 45th Street. It was confirmed that 45th would be the road that would serve as access to the abutting developments. Commissioner Bird later asked if we then are not granting them access to the Boulevard, and Director Davis explained that we are saying that decision will be made at time of site plan approval when the parcel comes in for development. MaV 119 69 BOOK 75 pcE 69 Commissioner Bird asked why we are paying the highest appraisal, and if we are agreeing to Roddenberry's request for a well, drainage, etc. Director Davis advised that the proposal before the Board is to authorize the five items listed in the memo, and this was arrived at by negotiation. It was kind of an arm's length transaction. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. AMENDMENT 4 The Board reviewed memo of the Public Works Director: TO:Transportation Planning Committee FROM: DATE: October 5, 1988 SUBJECT: FILE: Amendment #4 — Florida DOT Proposal to raise $500 Million for Statewide Right-of-way Acquisition and Bridge Construction James W. Davis, P.E. REFERENCES: Public Works Director On the November election ballot, there will appear an Amendment #4 which proposes that the State of Florida set aside $50 million per year in existing gas tax revenue to be pledged as annual debt service for a $500 million bond. All proceeds from the bond program will be used for right-of-way acquisition and bridge construction. There will be no tax increase associated with the program. Approximately 4/5G of existing gas tax will be pledged to generate the $50 million per year. Indian River County is in District 4 of the State DOT area, and this district will receive 17.9% of the $500 million, or approximately $89.5 million. Proceeds will be distributed to the counties based upon a formula which is developed using population and gas tax receipts. The Technical Complement recommends local support for the program. N 5 V 11988 ih.____ 70 BOOK 75 FAGE 70 ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously adopted Resolution 88-117 supporting passage of State Constitutional Amendment #4. RESOLUTION 88-117 A RESOLUTION SUPPORTING PASSAGE OF STATE CONSTITUTIONAL AMENDMENT 114. WHEREAS, the Florida Legislature during the 1988 session passed legislation enabling the voters of Florida to vote on a constitutional resolution permitting the sale of bonds, AND WHEREAS, those•bonds will be financed by current Florida Department of Transportation revenue and will not necessitate an increase in taxes, AND WHEREAS, said bonds will be used exclusively for the purpose of buying right-of-way for transportation projects, AND WHEREAS, bonds will also be used for construction and repair of Florida bridges, AND WHEREAS, It has been estimated by financial consultants that the sale of said bonds by the Department of Transportation will save the taxpayers of the State of Florida approximately $70 million dollars, AND WHEREAS, the Board of County Commissioners deems It to the best interest to the State of Florida to encourage the passage of Amendment #4. NOW THEREFORE, be It resolved by the Board of County Commissioners; THAT THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY supports the passage of Amendment #4 on the November 8th ballot and recommends to the voters of Indian River County to Join in supporting the passing of the Amendment. 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 lstday of November 1988. this BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Attest CY�tr.G.r W/k.coj,Q%1 Freda right1tzt. 44.4 • Clerl�i1 NV 11988 Don C. Scurlock(,/Ir• Chairman 71 Dep'L BOOK CO PAU 71 Approved Date Admin e -G. /1-/4)) Legal C.06..c_ Arsov_ i Budget Dep'L BOOK CO PAU 71 INDIAN RIVER BLVD. NORTH, PHASE IV, AGREEMENT FOR DONATION OF R/W (LAWTON & BEUTTELL PROPERTIES) Director Davis reviewed the following: TO: William G. Collins II, Acting County Administrator, FROM: James W. Davis, Public Works Director`-/Ve' SUBJECT: Indian River Boulevard North - Phase IV Agreement for Donation of Right-of-way Lawton and Beuttell Properties North of Grand Harbor DATE: October 21, 1988 DESCRIPTION AND CONDITIONS The owners of two right-of-way parcels along Indian River Boulevard north of Grand Harbor have presented to the County staff the attached agreement for donation of right-of-way. The Public Works, Utilities, County Attorney, and Planning Department staffs have reviewed the agreement and have no objection to its contents. As compensation for the parcels, a density credit from the right-of-way to the remainder parcels in addition to construction of median cuts and deceleration lanes along the Boulevard is requested from the County. The cost of providing the median cut and deceleration lanes is approximately $50,000. The County's consulting engineer has determined that a median cut in this area meets safety and location criteria. ALTERNATIVES AND ANALYSIS The alternatives are as follows; 1) Accept the agreement as drafted or as amended. 2) Reject the agreement and purchase the right-of-way at an appraised value. RECOMMENDATIONS AND FUNDING Staff recommends approval of the agreement and requests authorization for the Chairman's execution. Director Davis advised that the property owners want access at the common property line, plus utility sleeves under the roadway, left turn median cuts, etc., and our consultant feels access points would be allowable under good road design. Board members had further questions regarding the proposed median cuts, driveway connections, deceleration lanes, the spacing of intersections, etc., and the Chairman pointed out that our consultants feel this is a good design with reasonable spacing. 72 BOOK� 5 FALL 72 NOV 1 1988 Commissioner Bird commented on the tremendous difference in the amount we are paying per acre for this property compared to what we paid for the Walker property. ON MOTION by Commissioner Wheeler, SECONDED by Com- missioner Eggert, the Board unanimously approved the Agreement for Donation of Right -of -Way with "Equal Split, Inc." (Lawton & Beuttell) - AGREEMENT W/ATTACHMENTS ON FILE IN THE OFFICE OF CLERK TO THE BOARD. DEPARTMENT OF UTILITY SERVICES EMPLOYMENT POSITIONS Acting Administrator Collins reviewed his memo, noting it will involve an approximate $28,000 budget increase, and they arrived at the cost by negotiating with some qualified candidates as to what their salary requirements would be: TO: Board of County Commissioners DATE:October 25, 1988 FILE: SUBJECT: DEPARTMENT OF UTILITY SERVICES EMPLOYMENT POSITIONS FROM' William G. Collins REFERENCES: • Acting County Administrator Attached is a memo from Utilities Director Pinto recommending a title change in three currently approved positions. 1. The Assistant Director of Utility Services budgeted for fiscal year 88/89 at $46,725 will be converted to a position called Assistant Director of Administration, at approximately $38,000 per year. 2. The position titled Manager, Water and Sewer currently budgeted at $36,991.26 will be changed to be known as Assistant Director Operations and Engineering, at approximately $45,000 per year. NOV 1 1988 73 BOOK 75 PV_;E 73 • 3. The position currently budgeted as Engineer -Private Development will be changed to a position known as Environmental Engineer. This position is currently budgeted at $25,000. The new position would call for approximately $44,000 per year in salary. Personnel Director Price has contacted applicants who have been identified through the recruitment process as being potentially qualified for these positions. Discussions as to their salary requirements indicate that approximately $130,000 will be needed in order to recruit those individuals identified as qualified for these positions by Mr. Pinto. This represents an increase of approximately $22;000 over the amounts currently budgeted for the three positions as they are currently titled. An additional 25% should be budgeted for benefits. RECOMMENDATION I recommend that the Board approve the re -naming of the three positions and appropriation of funds for salary and benefits as follows: 1. Assistant Director of Administration - - - $36,000 plus $2,000 moving allowance plus 25% fringe benefits. 2. Assistant Director of Operations and Engineering - - - $45,000 plus fringe benefits at 25%. • 3. Environmental Engineer - - - $44,000 plus fringe benefits at 25%. TOTAL - - - $127,000 plus fringe benefits. I recommend the allowance of a few thousand dollars to allow some negotiating room on each of the positions. The funds for this increased salary appropriation ( $28,000) should come from the Utilities Enterprise Fund (471) anticipated cash forward balance., The Acting Administrator noted that position of Assistant Director of Administration is contingent on Mr. Barton's election as Clerk. The second position of Assistant Director of Opera- tions and Engineering would be handling the general supervision of all the plants out in the field that we are responsible for operating. The last position is Environmental Engineer. Chairman Scurlock commented that this is an enterprise fund; so, he believed you increase your revenue side and your expense side because you guess at revenues every year anyway based on the production of the prior year. Director Pinto emphasized that these are not new positions. They were in the budget process, and they were directed at that time to leave all salaries at whatever they were. They knew very well that we weren't going to be able to hire these people for the salaries in the budget; so, in the contingency and cash carry forward, there are adequate funds for the increase. Chairman Scurlock wished to bring up the 20 some odd posi- tions that are in the budget, plant operators, etc., for which, 74 NOV 1988 BOOK 75 PAGE 74 because of our situation with the Union and the decertification going on, we have not been able to implement a salary adjustment. He pointed out that we are going to be bringing on the North Beach Water Company plant after we close on that purchase today, and with that, plus our expansion in other areas, we have an urgent need for these people. He believed we need to give Director Pinto some direction today on these positions so he can hire the people and bring them on board at the new salaries. MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Bowman, to approve staff recommendation regarding re -naming of the three positions listed and appropriation of funds for salary and benefits and also that the new salaries be implemented for the other positions mentioned by the Chairman. Acting Administrator Collins expressed some concern at hiring new people at a higher rate than our existing people because of the on-going Union action. COMMISSIONERS EGGERT and BOWMAN agreed to amend the Motion simply to approve staff recommendation as set out in Mr. Collins' memo dated October 25, 1988. Commissioner Wheeler commented that it was said that one position is contingent on Mr. Barton being elected; so, apparently we would be looking at $12,000 additional plus fringes to keep him in that position. Director Pinto agreed that if Mr. Barton stays on, we will have to take another look at what we are going to do. That is not in this recommendation, and he was not anticipating that happening. He stressed that the problem we are facing is that on all the positions you have lead time for recruiting, and it is important to be able to make a firm offer when someone becomes 75 FOOD 75 FrGE 75 NOV 11988 available and not have to go back to the Board and then back to the person again, by which time the person could be gone as these positions are in high demand. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. Chairman Scurlock again brought up the urgent need to fill the 20 or so positions referred to earlier. He noted that if we had the choice of having to face a possible penalty for not having certified plant operators or being charged with bargaining unfairly, we must keep the plants runningtand he personally would prefer to face the charge of bargaining unfairly. Attorney Vitunac advised that he and the Acting Administra- tor have discussed this, and while it is a real issue of unfair labor practices, they agree with the Chairman that we have to do what we must to keep the plants running and worry about the unfair labor practices later. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bowman, the Board unanimously authorized Director Pinto to seek out and hire the needed people at the new salary rates. Hope was expressed that the issue with the Union will not arise as the Order is expected soon. Director Pinto felt it can be clearly stated that those positions will demand that amount of money regardless of whether there is a union or not. SOUTH COUNTY R.O.PLANT IMPROVEMENTS - GENERAL CONSTRUCTION CONTRACT (Change Order #1) Projects Engineer McCain made the staff presentation: 76 LI.NOV 1 1988 BOOK 75 TO: THRU: FROM: WILLIAM G. COLLINS, II ACTING COUNTY ADMIN TERRANCE G. PINTOX DIRECTOR OF UTILITY RVICES WILLIAM*F. McCAINi PROJECTS ENGINEER r( ' - DEPARTMENT OF UTILITY SERVICES DATE: OCTOBER 4, 1988 SUBJECT: CHANGE ORDER #1 - GENERAL CONSTRUCTION CONTRACT #1 SOUTH COUNTY R.O.PLANT IMPROVEMENTS -IRC PROJECT #WW -88 -01 -WC BACKGROUND At the onset of the above mentioned project, a high service pumping study was under way by D.S.S. Engineers. The H.S.P. study concluded that certain upgrades of our pumping system needed to be done to meet higher system pressure and flow requirements. The engineers recommended the installation of three new pump ends and the total replacement of the smallest existing H.S.P. Associated piping changes also need to be made, along with the addition of several new valves in the discharge piping. (For specific details, see Section 1.3 and 1.4 of the attached High Service Pumping Study.) There will also be modifications to suction and discharge piping wall penetrations at the plant. This is necessitated by cracking which has occurred in these lines at the wall penetrations. All of the aforementioned work was intended to be accomplished by the general contractor on this job via a change order; therefore, monies are available. ANALYSIS Our engineers for this project have prepared a change order for this work (which is attached), and the contractor has submitted a price quote (which is attached). D.S.S. Engineers have reviewed the contractor's submittal and have recommended that we proceed. (See attached letter of recommendation.) The bottom line price for the work is $142,791.00. RECOMMENDATION The Department of - Utility Services recommends approval of this change order by the Board of County Commissioners. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bowman, the Board unanimously approved Change Order #1 for the South County R.O. Plant Improvement Project (Butler Construction Co.) 77 NOV 1988 BOOK 75 FACE 77 I.11rt1Vtik OW/Lit (Instructions on reverse side) 1 No PROJECT: OWNER: (Name, Address) South County R.O. Plant Improvement Project Indian River County P.O. Box 1750 Vero Beach, Florida 32960 CONTRACTOR Butler Construction Company 210 Hardee Lane Rockledge, Florida 32955 • CONTRACT FOR: DATE OF ISSUANCE: 10/ 10/88 OWNER's Project No. ENGINEER: DSS Engineers 150 S. Pine Island Road Suite 510 Plantation, Florida 33324 ENGINEER's Project No 1753016 You are directed to make the following changes in the Contract Documents. Description: See attached change order description sheet. Items include modifications to transformer bus to switch gear connection, RTR pipe wall penetrations, installation Purpose of Change Order. Add items to of new pump and 2 uprated pumps. original work scope.' Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE:, Original Contract Price $ $1,154,115.00N/A CHANGE IN CONTRACT TIME: Original Contract Time days or date Previous Change Orders No. N/A to No. N/A Net change from previous Change Orders N/A $ days Contract Price prior to this Change Order $ S1.154,115.00 Contract Time Prior to this Change Order N/A days or date . Net Increase (decrease) of this Change Order $ $142,791.00 Net Increase (decrease) of this Change Order N/A days Contract Price with all approved Change Orders $ $1.296.906.00 Contract Time with all approved Change Orders N/A days or date EJCDC No. 1910-8-B (1983 Edition) Prepared by the Engineers' Joint Contract Documents Committee and endorsed by The Associated General Contractors of America. APPROVED: - f/ by odner De, e. 0/1/4f/PAA ti APPROVED: by Contractor • NOV 1 198 78 BOOK 75 PAGE 78 MASTER AGREEMENT FOR CONSULTING FIRM OF CAMP, DRESSER AND McKEE Projects Engineer McCain reviewed the following: TO: WILLIAM G. COLLIN , I ACTING COUNTY ADMMNIST':TOR THRU: FROM: SUBJECT: TERRANCE G. PINT DIRECTOR OF UTILICES WILLIAM `F. McCAI PROJECTS ENGINE DEPARTMENT OF UT LITY SERVICES DATE: OCTOBER 20, 1988 APPROVAL OF MASTER AGREEMENT FOR THE CAMP, DRESSER AND MCKEE, INC., (CDM) CONSULTING FIRM OF BACKGROUND Several months ago Indian River County undertook to short list various engineering consultants. Dresser and McKee, Inc., were short listed under 3, 4, 5, 6, 12, 13, 14, 15, 17, 19, 20, and contract for specific titles). RECOMMENDATION a selection process The firm of Camp, Classifications #2, 21. (See attached The Utility staff recommends that the Board of County Commissioners approve the signing of the attached master agreement with Camp, Dresser and Mckee, Inc. NOV 1 i988 ON MOTION by Commissioner Bowman, SECONDED by Commis- sioner Eggert, the Board unanimously approved Profes- sional Civil Engineering Master Agreement with Camp, Dresser & McKee, Inc., for the Classifications listed above. 79 BOOK 75 PACE 79 PROFESSIONAL CIVIL ENGINEERING MASTER AGREEMENT DESIGN, PERMITTING, BIDDING, CONSTRUCTION MANAGEMENT OF WATER TREATMENT PLANTS DESIGN, PERMITTING, BIDDING, CONSTRUCTION MANAGEMENT OF WASTEWATER TREATMENT PLANTS, OVER 3MGD SLUDGE & SEPTAGE TREATMENT EFFLUENT USE - AGRICULTURAL EFFLUENT DISPOSAL GOLF COURSE RE -USE & PERCOLATION PONDS WATER STORAGE TANKS - DEVELOPERS TO IRC UTILITIES PLAN REVIEW FOR PROJECTS SUBMITTED BY DEVELOPERS TO IRC UTILITIES HYDROLOGICAL STUDIES SPECIAL PROJECTS WASTEWATER MASTER PLAN COMPUTER ANALYSIS - WASTEWATER COMPUTER SOFTWARE UTILITIES FORMULATION OF ASSESSMENTS THIS AGREEMENT, entered into this 10. day of 1988, by and between INDIAN RIVER COUNTY, a political s bdivision of the State of Florida, hereinafter referred to as the "County", and CAMP, DRESSER & McKEE, INC., 660 BEACHLAND BLVD., VERO BEACH, FLORIDA 32963, hereinafter referred to as the "Engineer", WITNESSETH That the COUNTY and the ENGINEER,.in consideration of their mutual covenants, herein agree with respect to the performance of professional civil engineering and land surveying services by the ENGINEER and the payment for those services by the COUNTY as set forth below and in individual work orders. This Agreement shall be referred to as the "MASTER AGREEMENT" under which future work orders will apply. The ENGINEER shall provide professional engineering and such other related services as defined in the work authorization for the .COUNTY in all phases of each project as described in an individual work authorization prepared by the County Department of Utility Services. The ENGINEER shall serve as the COUNTY's professional representative for the project as set forth in each work authorization, and shall give professional engineering and water and/or sewer system advice to the COUNTY during the performance of the services to be rendered. SAID AGREEMENT ON FILE IN THE OFFICE OF CLERK TO THE BOARD IN ITS iNOV 1 '988 ENTIRETY. 80 BOOK 75 PAGE 80 6TH AVENUE & 8TH ST. GRAVITY SEWER, PUMP STATION AND FORCE MAIN The Board reviewed memo from Projects Engineer McCain: TO: THRU: TERRANCE G. PINTO J' FROM: WILLIAM G. COLLINS, II ACTING COUNTY ADMINISTRA 0 DIRECTOR OF UTILITY( SERVICES WILLIAM F. McCAI PROJECTS ENGINEE DEPARTMENT OF UT TY SERVICES DATE: OCTOBER 24, 1988 SUBJECT: 6TH AVENUE AND 8TH STREET GRAVITY SEWER, PUMP STATION AND FORCE MAIN BACKGROUND On October 27, 1987, the Board of County Commissioners signed work authorization number 19 for consulting services on the aforementioned project with Masteller and Moler Associates Inc. The initial scope (See attached W.O. #19) of the project has been increased to include 600 feet of force main to service Kennedy Groves, along with several other gravity sewer connections (See attached W.O. #19-A). ANALYSIS I will list the cost change items, item by item: Engineering Design Original cost $ 9,750.00 Services New cost $12,120.00 Difference $ 2,370.00 Engineer Inspection Original cost $ 4,070.00 Services New cost $ 5,105.00 Difference $ 1,035.00 The total cost increase is therefore $3,405.00 for design and inspection. This cost increase will be funded per the upcoming assessment to the property owners. RECOMMENDATION The Utility Staff recommends that the Board of County Commissioners approve the aforementioned action. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bowman, the Board unanimously approved Work Authorization #19-A which increases W.O. #19 to include force main to service Kennedy Groves, per the above memo. 81 NOV 11988 BOOK 75PAGE 81 INDIAN RIVER COUNTY Date: September 21, 1988. Work Authorization No. 19-A for Consulting Services Project No.87013A (County) (Masteller & Moler Associates, Inc.) (WASTEWATER) I. PROJECT DESCRIPTION Title: Addendum to Work Authorization #19, Wastewater. Pump Station and gravity sewer to serve Pizza Hut,/ Peking Gardens; Scotty's' and adjacent two (2) properties on the west side of 6th Avenue and seven (7) properties on east side of 6th Avenue. A force main along 6th Avenue and U.S. Highway #1 to proposed pump station to serve Kennedy Groves. Force main from pump station to run north on 6th Avenue for connection to existing gravity sewer system located south of 8th Street and East of 6th Avenue. Consulting engineering design services relative to construction of approximately 600 LF of 3" diameter PVC force main to service Kennedy Groves, along with (12) service laterals for proposed gravity sewer designed under Work Authorization No. 19 to provide sewer service to the properties on the east and west side of 6th Avenue. Force main is to connect to the proposed gravity sewer and pump station on the west side of 6th Avenue as designed under Work Authorization No. 19. Total Construction Cost Estimate for the project', including 10Z contingency is $106,310.00. (See attached Project Cost Summary Sheet) II. SCOPE OF SERVICES AND LUMP SUM FEE FOR SERVICES Reference is made to the "Agreement for Professional Services" dated July 2, 1986, and specific Article numbers and paragraph numbers which are listed hereunder to describe the scope of services included on this project. A. Project Design Services per Article 4, Paragraph 4a. and 4b. B. General Services During Construction per Article 5, Paragraph 5a., and 5c. The Resident Inspector's duties shall be to monitor construction on a continuous basis and be at the job site when project construction is taking place. C. Supplementary and Special Services per Article 6, Paragraph 6c.,6d.,6e.,6f., and 6q. In addition, our services shall include field surveys necessary for design and preparation of construction plans and assistance to the County in obtaining various permits and approvals for construction (permit fees to be paid by the County). D. Payment for Services per Article 8, the lump sum fee for Article 4, Paragraph 4a. and 4b. above (Engineering Design Fee) is $12,120.00 and Article 5, Paragraph 5a. and Sc. above (Resident Project Inspection Fee) is $5,105.00. Payment shall be per Article 8, Paragraph 8b. and 8d. Payment for Article 6, Paragraph 6c.,6d.,6e.,6f., and 6q. shall be per Article 8, Paragraph 8a. and 8d. APPROVED BY: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By .J.._ /✓ Don C. Scurlock, Chairman Date 1/-1— fes" APPROVED TTERS: SUBMITTED BY: MASTELLER & MOLER ASSOCIATES, INC. By Earl H. Masteller, P.E. President Date qrbigei Te ance G. into, sirector Division of Utility Services 82 BOOK .75 F,1c€ 82 NOV 086 POTABLE WATER MAIN - KINGS HWY. & LINDSEY RD. (CONTRACT #1) The Board reviewed the following memo: TO: WILLIAM G. COLLINS, II DATE: OCTOBER 3, 1988 ACTING COUNTY ADMINIST�.�� a. N4-'(?? THRU: TERRANCE G. PINTO k' DIRECTOR OF UTILITY \RVI S lier FROM: WILLIAM F. MCCAT{ PROJECTS ENGINES DEPARTMENT OF UTILITY SERVICES SUBJECT: INDIAN RIVER COUNTY PROJECT #UW87-22-DS, POTABLE WATER MAIN, KINGS HIGHWAY AND LINDSEY ROAD, CONTRACT #1 INDIAN RIVER COUNTY, FLORIDA BACKGROUND In keeping with water system expansions as outlined in our water master plan and to take the Gifford Area off the city's water system to meet the County -City service area division, we are proceeding with the aforementioned project. The engineering is complete and bids for the construction of this project have been received. ANALYSIS Bids were received for this project on August 31, 1988. Thirteen contractors submitted bids. The lowest three were as follows: 1. Kenova Construction $1,226,210.00 2. Utility Systems of America, Inc., $1,337,974.00 3. W. Jackson & Sons Construction Company, $1,334,829.00. A tabulation of bids and a letter of recommendation from the engineer is attached. RECOMMENDATION. The Department of Utility Services recommends that the Board of County Commissioners approve the award of this bid to the lowest bidder Kenova Construction for $1,226,210.00. ON MOTION by Commissioner Bird, SECONDED by Com- missioner Eggert, the Board unanimously awarded Bid for Project #UW87-22-DS Potable Water Main (Kings Highway & Lindsey Road (Contract #1) to the low bidder, Kenova Construction, in the amount of $1,226,210, as recommended by staff. (CONTRACT. ON FILE IN THE OFFICE OF CLERK TO BOARD) 83 NOV 11988 L Boa 75 r, GE 83 POTABLE WATER MAIN - KINGS HWY. FROM LINDSEY RD. TO S. WINTER BEACH RD. (CONTRACT #2) The Board reviewed the following memo: TO: THRU: FROM: WILLIAM G. COLLINS, II ACTING COUNTY ADMINISTRATO TERRANCE G. PINTO DIRECTOR OF UTILITY SE DATE: OCTOBER 3, 1988 WILLIAM F. MCCAIN PROJECTS ENGINEER DEPARTMENT OF UTIL ERVICES SUBJECT: INDIAN RIVER COUNTY PROJECT #UW87-23-DS POTABLE WATERMAIN KINGS HIGHWAY FROM LINDSEY ROAD TO SOUTH WINTER BEACH ROAD CONTRACT #2 INDIAN RIVER COUNTY FLORIDA BACKGROUND In keeping with the scheduled expansion of our water system as outlined in our Water Master Plan we are proceeding with the aforementioned project. The engineering for the project has been completed and bids for the construction of this project have been received. ANALYSIS Bids were received for this project on August 31, 1988. Sixteen contractors submitted bids. The lowest three were as follows: 1. A.O.B. Underground $507,135.00. 2. Vicon Construction Corporation $533,463.00. 3. Utility Systems of America $535,645.00. A tabulation of Bids and a letter of recommendation from the engineer is attached. RECOMMENDATION The Department of Utility Services recommends that the Board of County Commissioners approve the award of this bid to the lowest bidder A.O.B. Underground for $507,135.00. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bowman, the Board unanimously awarded Bid for Project #UW87-23-DS Potable Water Main (Kings Highway from Lindsey Road to South Winter Beach Road (Contract #2) to the low bidder, A.O.B. Underground in the amount of $507,135, as recommended by staff. .(ORIGINAL .CONTRACT ON FILE IN OFFICE. OF CLERK TO BOARD) 84 NOV 1 1988 L BOOK 75 PAL 84 GIFFORD AREA SEWER PROJECT - PINEVIEW PARK & HIGH RIDGE MOBILE HOME PARK (CONTRACT #4) CLEANING & TELEVISING SEWAGE SYSTEM The Board reviewed memo from Ernestine Williams, Manager of Project Administration: DATE: OCTOBER 26, 1988 TO: WILLIAM G. COLLINS, III ACTING COUNTY ADMINIS T i• • THRU: TERRANCE G. PINT•ii DIRECTOR OF UTILIT RVICES FROM: ERNESTINE W. WILLIAMS_ MANAGER OF PROJECT ADMINISTRATION • %�.�� :74 / `4/ 6• SUBJECT: GIFFORD AREA SEWER PROJECT - IRC PROJECT NO.US-87-11-CCS PINEVIEW PARK & HIGH RIDGE MOBILE HOME PARK - CONTRACT #4 CLEANING AND TELEVISING SEWAGE COLLECTION SYSTEM BACKGROUND: In the Board meeting of July 14, 1987, the Board unanimously rejected the bid for Contract #4 and authorized that it be re -bid as two separate contracts. On September 14, 1988, bids were opened for the subject project. Four bids were received, as follows: 1. Altair Maintenance Services, Inc. $ 19,220.00 2. McCullough Rehab. Contracting, Inc. $ 19,310.00 3. Coastline Utilities, Inc. $ 26,990.00 4. Shenandoah General Construction $121,000.00 ANALYSIS: The consulting engineer, Masteller & Moler Associates, Inc., and Farmers Home Administration have reviewed the bids and recommend that the contract be awarded to Altair Maintenance Services, Inc. for the amount of $19,220.00. RECOMMENDATION: Staff recommends that the Board of County Commissioners award Contract #4 of the Gifford Area Sewer Project to Altair Maintenance Services, Inc. in the amount of $19,220.00, such award to be contingent upon FmHA's final approval. Staff requests authorization from the Board of County Commissioners for the Chairman•to execute the contract. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bowman, the Board unanimously awarded Bid for the Gifford Area Sewer Project - Pineview Park & High Ridge Mobile Home Park Clean & Televising Sewage System - (Contract #4) to the low bidder, Altair 85 NOV 1 1988 BOOK 75 FArt 85 Maintenance Services, Inc., in the amount of $19,220 as recommended by staff and authorized the Chairman to execute the contract. (ORIGINAL .CONTRACT ON FILE IN THE OFFICE OF CLERK TO BOARD) - Projects Engineer William McCain introduced new Utilities Staff Engineer Scott Doscher. FIRE ALARM ORDINANCE County Attorney Vitunac reviewed the following: TO: Board of County Commissioners FROM: Charles P. Vitunac, County Attorney DATE: October 25, 1988 RE: FIRE ALARM ORDINANCE B.C.C. MEETING 11/1/88 The referenced proposed ordinance, which was presented to the Board at its meeting October 4, 1988, has been re -drafted as attached, pursuant to the request of the Board, and is being presented today for conceptual approval only. If the Board is satisfied, the County Attorney's Office will publish the appropriate legal ad for a public hearing to be held in approximately one month. Commissioner Eggert inquired why there is an exemption to the proposed provision for residential occupancies of fewer than three units. Fire Chief John Allen advised that the Department really does not have that much problem in responding on the residential. Most just have the smoke detector devices. The main problem is responding to the commercial type entities. N O V 1198b 86 BOQ .75 PAH 86 Commissioner Eggert had a concern that the residential could become a problem in the future; so, why exempt them? After further discussion, the Board generally agreed that exemption should be changed as discussed, and then this will be considered at the pubiit.hearing. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Wheeler, the Board unanimously authorized staff to schedule and advertise a public hearing on the Fire Alarm Ordinance with the suggested change to be held in approximately one month. BLANKENSHIP HEARING BEFORE THE BOARD OF COUNTY COMMISSIONERS County Attorney Vitunac reviewed his memo, suggesting that we reschedule the hearing for January: TO: Board of County Commissioners FROM: Char es' P. Vitunac, County Attorney DATE: October 26,' 1988 RE: BLANKENSHIP HEARING BEFORE B.C.C. B.C.C. MEETING 11/1/88 The attorney representing William Blankenship has notified this office that he will be out of town during the week that the Board had previously chosen for his appeal hearing, i.e., November 17, 1988. Therefore, he would like to reschedule the hearing. We request direction from the Board in this regard. Some discussion arose as to whether we should reschedule it sooner, and Attorney Vitunac felt that the longer we wait, the better it is for us. Mr. Blankenship's criminal trial is set for November 7th. If he is convicted, it will strengthen our position, and there is always the possibility he could get another job somewhere. 87 NOV 11988 BOOK 75 FAGS 87 ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Bowman, the Board unanimously authorized the County Attorney to reschedule Mr. Blankenship's hearing with the Board to some time in January in coordination with his attorney. RESOLUTION RE PURCHASE OF NORTH BEACH WATER COMPANY Attorney Vitunac explained that what this does is change Paragraph 5 of the contract by which we are to purchase North Beach Water Company in about two hours. Since we are no longer issuing bonds to do the purchase because of an FmHA impediment, we are going to close with cash and do Bond Anticipation Notes (BANs). Therefore, none of the language in the earlier paragraph is needed any more. What is needed is that they agree to help us without BANs when necessary, and we have agreed to restrict the surcharge to $13.00 for the next 5 years only. After that time, the surcharge can go as high as necessary to fund the BANs or other debt we have to issue to buy the system. That protects the developer who knows it is only $13 per unit per month, and it is sufficient money for us to be able to borrow at some rate of interest. There is no cost to the taxpayer and not much to the utilities system. It is a self- funding purchase by the people who live on the North Beach water system. Chairman Scurlock wished to point out that the 3.1 million purchase price was negotiated down from a 6 million original asking figure by Mr. Pinto and himself. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously adopted Resolution 88-118 authorizing execution of an amend- ment to contract to purchase North Beach Water Company. (ALSO RECEIVED AND NOW ON FILE IN OFFICE OF CLERK TO THE BOARD: ORIGINAL RECORDED WARRANTY DEEDS AND ASSIGNMENT OF EASEMENT) NOV 11988 88 BOOK 75 Fa:GE X88 RESOLUTION NO. 88- 118 A RESOLUTION OF INDIAN RIVER COUNTY AUTHORIZING EXECUTION OF AN AMENDMENT TO CONTRACT TO PURCHASE NORTH BEACH WATER COMPANY. WHEREAS, the Board of County Commissioners authorized the execution of a Purchase Agreement on May 31, 1988, between the Countyrand North Beach Water Company for the purchase of the water company's system on the north barrier island for $3.1 million; WHEREAS, due to certain restrictions placed on the County by the FmHA it has become necessary to revise paragraph 5 of the Purchase Agreement by changing the surcharge provision and deleting language referring to the County's issuance of revenue bonds; and WHEREAS, these changes do not affect the purchase price and are in the public interest, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The Chairman of the Board is authorized to execute Amendment #1 to the Purchase Agreement, which is attached as Exhibit "A." 2. The Chairman is further authorized to execute documents and other certifications necessary to close the utility purchase, which closing is scheduled for 2:00 P.M. on Tuesday, November 1, 1988. 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. Vice -Chairman Gary C. Wheeler Commissioner Richard N. Bird Commissioner Margaret C. Bowman Commissioner Carolyn K. Eggert Aye Aye Aye Aye Aye The Chairman thereupon declared the resolution duly passed and adopted this 1st day of November , 1988. 89 \ V 11988 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By , c- --Don . c r oc Chairman BOOK ME 89 AMENDMENT NO. 1 TO PURCHASE AGREEMENT THIS FIRST AMENDMENT to that certain Purchase Agreement dated the 25th day of April, 1988, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, 1840 25th Street, Vero Beach, Florida 32960 ("COUNTY"), and NORTH BEACH WATER COMPANY, a Florida corporation, Post Office Box 156, Wabasso, Florida 32970 ("UTILITY"), is hereby entered into this 1st day of November , 1988, by amending Paragraph 5 of said Contract to read as follows: "5. PURCHASE PRICE The purchase price shall be $3,100,000.00, to be paid in CASH AT CLOSING, ready funds. The COUNTY intends to use certain revenues of the system, including a surcharge, on all customers of the system as security for repayment of the bonds to be issued by the COUNTY in connection with the purchase of the system. The surcharge will not exceed $13 per equivalent residential unit per month for a period of at least five (5) years from date of the closing. The UTILITY, on behalf of itself and its shareholders, agrees to cooperate from time to time with the COUNTY in connection with the surcharge and any note and/or bond issues relating directly or indirectly to the system purchased hereunder. This provision of this Contract shall survive closing hereunder." IN WITNESS WHEREOF, the parties have hereunto caused this Amendment No. 1 to Purchase Agreement to be executed the day and year set forth next to their names. Date: November 1, 1988 Witness do ov 11988 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: %".,. Don C. Scur Chairman ock, 1 Freda Wrigty , Clete,. rNairestatApu D ,C • NORTH BEACii WATER COMPANY By: Steve Pate, President 1 1$ at 90 APPROVED AS TO FORM AND LEGAL SUFFACi Charles P. Vitunac County Attorney BOOK 75 FA SUGGESTED DATES FOR CITY/COUNTY WORKSHOP Discussion ensued in regard to having a joint meeting with the Vero Beach City Council on November 17th. It was generally agreed to inform the City of Vero Beach, that the County Commissioners will be available for a joint meeting on the morning of November 17th but not for the entire day and see if that is agreeable with them. ACCEPTANCE OF A 55% EPA GRANT FOR OUR PROPOSED REGIONAL SLUDGE SEPTAGE FACILITY PROJECT Chairman Scurlock reviewed the following memo: TO: WILLIAM G. COLLINS, II ACTING COUNTY ADMINIST THRU: TERRANCE G. PINTO DIRECTOR OF UTILITY '•E FROM: WILLIAM F. McCAIN PROJECTS ENGINEER DEPARTMENT OF UTILI SERVICES ICES DATE: OCTOBER 27, 1988 SUBJECT: ACCEPTANCE OF A 55% ENVIRONMENTAL PROTECTION AGENCY GRANT FOR OUR PROPOSED REGIONAL SLUDGE SEPTAGE FACILITY PROJECT # US-88-07-SLSE BACKGROUND On February 23, 1988, the Board of County Commissioners approved monies for the design of a Regional Sludge Facility by Camp, Dresser and McKee. The timing of this DESIGN was critical as we were applying for an Environmental Protection Agency (EPA) Grant for 55% of the grant eligible portion of the project. ANALYSIS We have now received an offer of grant monies in $1,836,570.00. To receive this Grant, we must have to the EPA by November 9, 1988. The funding for portion of the construction costs is currently being RECOMMENDATION the amount of our acceptance the remaining put in place. The Department of Utility Services recommends that the Board of County Commissioners approve and adopt the attached Resolution No. 88- and, by doing so, approve the signing of all EPA acceptance documents. N O V 1 1988 91 BOOK 75 PAGE 91 Chairman Scurlock credited Utilities Director Pinto with finding this grant money. He noted that with the two grants and the acquisition of the North Beach system, we are looking at about 6 million in savings to the county. Director Pinto advised that there are still some negotia- tions that have to go on to fine tune the numbers. The county, however, is facing a 7 million dollar expenditure with or without the grant. If we take the grant, it only means we are going to get at least 1.8 million. Following this approval, we will have to have the work authorizations for the engineering and go through the bid processes. This is a sludge and septage manage- ment program that has to be put together to treat sludge and septage from all the plants within the county, including the City of Vero Beach. It is just the beginning of the process. Commissioner Eggert asked if there are extra strings to this federal grant as there are with the library construction. Chairman Scurlock advised that we analyzed accepting this 1.8 million in terms of the impact of meeting additional requirements, and it is way to our advantage. The other thing he wished to point out to the Board is that this does allow the Utility Director, Mr. Pinto, to modify the agreement from time to time, and that is necessary. However, he believed the Board's policy always has been that needs to come to the Board of County Commissioners eventually for final approval. Director Pinto explained that some numbers need to be cleaned up. Also, this is the very last of the grants - starting next year there are just loans, and he is going to try to get the unfunded portion of this project included under the loan program. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bowman, the Board unanimously adopted Resolution 88-119 accepting an offer of a grant for $1,836,570 from the EPA for a Regional Sludge Facility. 92 NOV 1 1988 BOOK 75 5 PAGE 92 RESOLUTION NO. 88- 119 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, ACCEPTING AN OFFER OF A GRANT FOR $1,836,570 FROM TI -IE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FOR A REGIONAL SLUDGE FACILITY (Contract C120502070). WHEREAS, on September 30, 1988.,. the United States Environmental Protection Agency (EPA) awarded Indian River County (COUNTY) a grant In the amount of $1,836,570. for construction of a regional sludge -handling facility under the provisions of the Federal Water Pollution Control Act; WHEREAS, this grant represents 55% of the EPA eligible cost; WHEREAS, as a condition of receipt of this grant money COUNTY must agree to certain terms and conditions enumerated in a letter from EPA dated October 7, 1988, and attached to this resolution as Exhibit "A"; and WHEREAS, acceptance of this grant pursuant to those terms and conditions•would be In the public Interest, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OI COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that COUNTY hereby accepts an offer of a grant In the amount of $1,836,570 pursuant to the terms of the attached,Ietter from EPA (shown as Exhibit "A") and authorizes Terrance G. Pinto, Utilities Director for COUNTY to execute the EPA Assistance 'Agreement attached to this resolution as Exhibit "B" and authorizes Terrance G. Pinto to execute grant amendments associated therewith. The resolution was moved for adoption by Commissioner Eggert , and the motion was seconded by Commissioner Bowman 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 lst day of November , 1988. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By... `- Attest --13(7,R-C7- cur oc Chairman Fre a Pyr gFt,CT RESOLUTION W/ATTACHMENTS ON FILE IN THE OFFICE OF CLERK TO THE BOARD. 93 N O V 1 1988 BOOK 75 F WE 33 TRANSPORTATION PLANNING COMMITTEE Commissioner Bowman reviewed the following summary of actions: TRANSPORTATION PLANNING COMMITTEE SUMMARY OF ACTIONS October 26, 1988 MEETING The Transportation Planning Committee recommended the following actions during its 10/24/88 meeting: 1. Site distance problem at US#1/30th Street At the last Transportation Planning Committee meeting, the Committee discussed changes which would resolve the site distance problem at US#1 and 30th Street. The Committee approved the report of the Technical Component which recommended a three way funding program between the City of Vero Beach, Indian River County, and Florida Department of Transportation for paving of 12th Avenue and 31st Street. 2. Extension of 20th Avenue into Vero Beach Highlands The Committee reaffirmed its approval to extend 20th Avenue into the Vero -Beach Highlands, and recommended that the County Commission readdress the issue. 3. Amendment 4 The Committee recommends support of Amendment 4. 4. Mr. Miller's business on US#1 The Committee discussed the parking situation and the danger of vehicles coming out onto US#1. The Committee suggested that Commissioner Bowman contact the owner to ask for cooperation, and also recommended that a letter be sent to FDOT to see what could be done to alleviate the situation, possibly with a turning lane. ON MOTION by Commissioner Wheeler, SECONDED by Com- missioner Bird, the Board unanimously approved Item • The Board next discussed the extension of 20th Avenue into Vero Beach Highlands, and Commissioner Bowman advised that since the TPC meeting, they have had considerable objections raised regarding the proposed extension. They just don't want Vero Beach Highlands pouring out onto 20th Avenue. There is no doubt NOV 11988 94 BOOK 75 F.GE 94 in her mind that eventually 20th Avenue will have to be extended south, but she felt it is a matter of timing. Her recommendation would be that this be referred back to the Committee and they can try to work out various other alternatives. Board members wond6red how it happened that this was brought up at that meeting, and Public Works Director Davis stated that the situation simply is that 20th Avenue has been on our Thoroughfare Plan since the Plan was developed, and it does show a connection into the Highlands. As to the argument that 20th Avenue is a residential street through the Oslo Park area, he pointed out that 20th Avenue is a residential street from 12th St. south to Oslo Road. Chairman Scurlock believed the Board looked at this quite closely and agreed that at least for now, we are not going along with an extension of 20th Avenue further south. Director Davis argued that the prolonging of the timing would be a detriment to accomplishing this and asked if the Board wished the Thoroughfare Plan changed. The Board generally agreed that it is a matter of timing and indicated that they would not go along with this at this time. ON MOTION by Commissioner Bowman, SECONDED by Com- missioner Eggert, that Board unanimously indicated that it would not approve the recommendation to readdress the extension of 20th Avenue at this time. It was noted that the Board earlier expressed their support of Amendment 4. Re Item 4, Commissioner Bowman advised that this is in the works. Actually, they are grandfathered in. It is a very bad situation with the parking problem, and we are trying to work with the property owner. 95 N O V 1 1988 BOOK .75 PAGE 95 EMERGENCY SERVICES COORDINATING COMMITTEE MEETING The Board reviewed memo from Commissioner Eggert: TO: DATE: October 31, 1988 FILE: Board of County Commissioners FROM: Carolyn K. Eggert County Commissioner 06/ SUBJECT: Emergency Services Coordinating Committee -Meeting REFERENCES: On Friday, October 28, 1988, the Emergency Services Coordinating Committee met in the first floor conference room at 1:00 P.M. Among the items discussed were: ' 1. Central Dispatch began dispatching the North County Fire District on.::Monday, October 24, 1988. South County Fire District will be next. 2. "On Call"'Ambulance Service's Certificate of Need is suspended pending its sale to Atlantic Ambulance on November 8, 1988. 3. The Committee reviewed and commented on the report by James T. Ward on the Pre -Hospital Medical Services Delivery System in Indian River County. Agreed upon by all was the need of a single focus of management mainly through the emergency services director. The members representing the hospital and hospital district made no comment on the report. I request the permission of the Board of County Commissioners to go forward with investigation of continuing the ALS system in one of three modes: a. Entirely within the Hospital District b. Entirely within the Fire Department c. As a Public Safety Department within the County using the resources of the volunteers, the hospitals, and the Fire Department. Organization plans and methods of funding would be brought to the County Commission. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously granted permission to go forward with investigation of continuing the ALS system in one of three modes as listed above. 96 NOV 11888 BOOK 75 FACE 96 ADDED ITEM - SLOAN PROPERTY FOR DRUG REHAB CENTER Commissioner Eggert asked that a report on the Sloan prop- erty be added to the Agenda. ON MOTION by Comti-ssioner Eggert, SECONDED by Com- missioner Bowman, the Board unanimously added an update on the Sloan property to the Agenda. Commissioner Eggert informed that Board that apparently against Dick Mills recommendation, the Board of the Community Mental Health Center has moved to let the Foundation negotiate the Sloan property. This is in direct opposition to the posture taken by the County Commission that it should be in the name of the Indian River County Mental Health Center, and she just wanted the Board to know this is happening and that she is going to hang in there and take a strong stand about it not being in the Foundation's name. DISCUSSION RE OSLO AREA ABANDONED BUILDINGS, ETC. Chairman Scurlock noted that about two months ago the Board passed a Resolution in regard to taking buildings down in the Oslo area, but he understood that nothing has happened and not even the first building has been taken down. If this was such an emergency, what has happened, and why has it fallen behind? Acting Administrator Collins was not sure that anything has fallen behind. He noted that he got memos on it immediately afterward; the inspections were made; and people were notified. Commissioner Wheeler believed that they have cleared one large area next to the canal, and he thought there was a building in there. Chairman Scurlock stated that he just wanted to follow up on this because he did not want it to fall through the cracks. Building Director Ester Rymer came before the Board several minutes later and reported that condemnation was started on 8 97 NOV 1198 L BOOK 75 Pr1;;E 7 buildings in this area and four completed. Two are in the process of being demolished, and the people asked if they could do their own work to save some money. If it is going to take too long, she may have to go in and help them out a bit, but she is trying to work with them. One absentee owner lives in Germany, and she is having a difficult time working with his sister in Fort Pierce. She continued that she has been working with the Sheriff's Department, and all the structures were posted right away. She advised that she does a report on this area every Friday, and the ones that are left on this Friday, she will go ahead with the Road & Bridge crews to take them down. These buildings are all located in what is known as the Horseshoe area. Chairman Scurlock asked what is happening with such hazardous structures in other areas of the county, and Director Rymer noted that they still rely on complaints and working with the Code Enforcement people. SOLID WASTE DISPOSAL DISTRICT The Chairman announced that immediately upon adjournment, the Board will reconvene acting as the District Board of Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared separately. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 11:40 o'clock A.M. ATTEST: a � . .vLie rk., 98 NOV 1988 BOOK 75 FPC cJ8