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Home My WebLink About1/3/1989Tuesday, January 3, 1989 The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Tuesday, January 3, 1989, 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, Il, Acting County Administrator; Charles P. Vitunac, Attorney to the Board of County Commissioners; Joseph Baird, OMB Director; and Barbara Bonnah, Deputy Clerk. The Chairman called the meeting to order. Russell Burns, Chaplain of Cox Gifford Funeral Home, gave the invocation, and Commissioner Bird led the Pledge of Allegiance to the Flag. ELECTION OF CHAIRMAN AND VICE CHAIRMAN Chairman Scurlock announced that today is the annual organizational meeting of the Board and reviewed the procedures to be followed in electing new Commission officers. He opened the floor to nominations for Chairman. Commissioner Eggert placed the name of Commissioner Wheeler in nomination. There being no further nominations, Chairman Scurlock declared the nominations closed. JAN 3 1989 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously elected Gary C. Wheeler as Chairman of the Board of County Commissioners for 1989. BOOK 75 FACE 445 JAN 3 1989 BOOK 75 FAH 445 Commissioner Scurlock passed the gavel to Chairman Wheeler, who opened the floor to nominations for Vice Chairman. Commissioner Bird placed the name of Commissioner Eggert in nomination. There being no further nominations, Chairman Wheeler declared the nominations closed, and Commissioner Eggert was elected Vice Chairman by acclamation. PRESENTATION OF PROCLAMATION TO ALFRED MacADAM Commissioner Bird read aloud the following proclamation: PROCLAMATION WHEREAS, Alfred MacAdam served on the Indian River County Parks and Recreation Committee since its inception in 1981; and WHEREAS, Alfred MacAdam assisted the Gifford community by obtaining donations of tennis rackets and balls for use at the Gifford Park tennis courts; and WHEREAS, Alfred MacAdam further served the Gifford residents by acting as liaison between the Town of Indian River Shores and Indian River County to promote the donation of land for the Gifford Community Building; and WHEREAS, Alfred MacAdam has given unselfishly of his time and effprts to assist in the disposal of surplus County property; and WHEREAS, his contributions being too countless to name them all, Alfred MacAdam has worked diligently to promote recreation in all areas of the County; NOW, THEREFORE, on behalf of itself and all the citizens of Indian River County, BE IT PROCLAIMED that the Board of County Commissioners hereby expresses its sincere arpreciation to Alfred MacAdam for his years of dedicated and exemplary service in the field of recreation, and wishes him success in all his future endeavors. BOARD OF COUNTY COMMISSIONERS • INDIAN 'RIVER COUNTY, FLORIDA • /iLa- uChairman Adopted this 3rd day of January, 1989 2 The Commissioners expressed their regret over Mr. MacAdam's plans to move out of the area, and thanked him for his many years of community service here in the county and the Town of Indian River Shores. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Commissioner Scurlock requested the addition, as Item Q to today's Consent Agenda, of the final plat approval for South Dixie Commercial Park, and the addition of a status report on the matter of educating the public on the proposed one -cent sales tax. Commissioner Eggert requested the addition of a discussion regarding the closing of 22nd Street between 15th and 17th Avenues. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously added the above items to today's Agenda. APPROVAL OF MINUTES The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meetings of December 6, 1988 or December 13, 1988. There were none. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved the Minutes of the Regular Meetings of 12/6/88 and 12/13/88, as written. CONSENT AGENDA Commissioner Eggert requested that Items D & E be removed for discussion, and Commissioners Bird requested that Item F be removed also. JAN 6QJ njd� 3 BOOK 75 F',EE 447 N. ,JAN 31989 BOOK J IFr{E448 � �J A. Approval of Appointments of Deputy Sheriffs by Sheriff Tim Dobeck: ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously approved the following appointments of Deputy Sheriffs by Sheriff Tim Dobeck: Marshall R. Bruce Ronald T. Kramer Patrick S. Frazelle Charles P. Craig Raymond E. Gage Donald K. Hawkins Frank Hein, Jr. B. TRIM Compliance Certification Package for FY 1988-89 from State of Florida KATIE D. TUCKER Executive Director The Board reviewed the following memo dated 12/20/88: STATE OF FLORIDA DEPARTMENT OF REVENUE TALLAHASSEE, FLORIDA 32399-0100 Indian River County December 20, 1988 Indian River County Board of County Commissioners Mr. Joseph A. Bird �. 1840 -25th Street Vero Beach, Florida 32960 Dear Mr. Bird: Thank you for your recent submission of your Taxing Authority's 1988-1989 TRIM Compliance Certification Package pursuant to Section 200.068, Florida Statutes. We will accept the Notice of Tax Increase Ad as submitted for this year only. However, next year you must re -calculate the increase in your property tax levy for the Notice of Tax Increase Ad if the tentatively adopted millages are different from the original proposed millages shown on your DR -420. 4 Your taxing authority has been determined by the Division of Ad Valorem Tax to be in compliance with Sections 200.065 and 200.068, Florida Statutes relative to the 1988-1989 millage and budget adoption process. However, items noted above must be in total compliance for approval in the 1989-90 tax year. Please do not hesitate to write or call us if there are any questions. Sincerely, s Colleen M. Ruehl, CFE Appraiser Specialist Central Assessments, Collections and Services (904)488-3338 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously acknowledged receipt of the above letter from the State of Florida for information purposes. C. Offer of Full -Time Employment as Personnel Director to Jack Price The Board reviewed the following memo dated 12/28/88: TO: Board of County Commissioners DATE: December 28, 1988 FILE: SUBJECT: OFFER OF FULL TIME EMPLOYMENT AS PERSONNEL DIRECTOR TO JACK PRICE FROM :William G. Collins REFERENCES: Acting County Administrator • Jack Price was retained as a temporary employee in late August to fill the void created by the suspension of former Personnel Director William Blankenship. Mr. Price immediately took on responsibility for several major projects including the employee pay and classification study, the CWA Union decertification election, and updating the County Policy Manual on personnel matters. I have been very impressed by the professionalism, initiative and positive attitude which Mr. Price has brought to the County as its temporary Personnel Director. 5 JAN 3 1989 BOOK 75 FAL 449 JAN 3 1989 BOOK 75 PAGE 450 Under state law we cannot utilize temporary employees for a period of over four months. Thus, it is necessary to either make an offer to Mr. Price as full time Personnel Director or look elsewhere. I have discussed with Mr. Price his salary requirements. I would propose offering Mr. Price the position of Personnel Director at an annual salary of $44,000 which is the amount budgeted for this position. While this amount may not suffice to retain Mr. Price in the event he is presented with a better opportunity elsewhere, it is in line with what we are paying other department heads. RECOMMENDATION Confirm the appointment of Jack Price as full time Personnel Director at an annual salary of $44,000 plus the standard department head car allowance. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously approved the offer of full-time employment as Personnel Director to Jack Price at an annual salary of $44,000 plus the standard department head car allowance, as recommended by Acting County Administrator Collins. D. Acknowledgment of Approval of Governor's Appointment of Mrs. Pearl Jackson to the IRC Housing Authority The Board reviewed the following memo dated 12/21/88: BOB MARTINEZ GOVERNOR STATE OF FLORIDA (Office of the (Jo%Ernur December 21, 1988 'THE CAPITOL TALIAHASSEE, FIDRIDA 32399-0001 La'Lt3262 �80fr,ri9 Al?' DEC 1988 c, RECEIVED BOARD COUNTY 0) COMMISSIONERS Nr III Zbl\w Mr. Don Scurlock Board of County Commissioners 1840 25th Street Vero Beach, Florida 32960 Dear Mr. Scurlock: DISTRIBUTION LIST Commissioners GS Administrator Attorney Personnel Public Works Community Dev. Utilities -- Finance -- Other _�— Governor Martinez has appointed Ms. Pearl Jackson to the Indian River County Housing Authority. According to Section 421.27 Florida Statutes, County Commission approval is required. Please place this matter on the agenda for the next County Commission meeting, and call or write to let me know the results. A copy of the application is enclosed for your review. Thank you for your time and assistance. S ncerely, Peyto J Fear Appointments Director 6 Commissioner Eggert explained that the above letter was received after the BCC meeting of November 22nd, when the Board authorized the Chairman to sign letters of recommendation of the appointment of Ms. Jackson to the IRC Housing Authority Board. She suggested that we write a letter saying that we already have made the recommendation. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously authorized the Chairman to write another letter to the State informing them that we already have recommended Ms. Jackson for the appointment. E. County Agricultural Extension Office Computer Equipment The Board reviewed the following memo dated 12/19/88: • DATE: TO: THRU: FROM: SUBJECT: DECEMBER 19, 1988 BOARD OF COUNTY COMMISSIONERS WILLIAM G. COLLINS, II ACTING COUNTY ADMINISTRATOR JOE BAIRD DIRECTOR OF MANAGEMENT & BUDGET H.T. "SONNY" DE DIRECTOR OF GENERAL SERVICES COUNTY AGRICULTURE EXTENSION OFFICE COMPUTER EQUIPMENT BACKGROUND The Institute of Food and Agricultural Sciences (IFAS) was provided funds by the State Legislature to furnish computer equipment or upgrade existing equipment in County Extension Offices over the state to support the Florida Agricultural Information Retrieval System (FAIRS). FAIRS is a computerized data base of agricultural production information. ANALYSIS Indian River County is scheduled to receive a Tandy 3000 NL with a 80286 based system equipped with a 40 megabyte hard disk clocked at 10 MHz. The estimated cost of this piece of equipment with all of the amenities is $4,200.00. 7 IAN 89 BOOK 75 F',i;L 451 ,JAR 31989 BOOK .75 FAGS 452 However, counties have the option of upgrading to a much faster Tandy 4000 LX with a 80386 microprocessor operating at 20 MHz. This system will be able to handle multi-user networking. As different entities add to their computer inventory they will be able to connect to the 80386 at a reasonable cost. This will enable all computers in the office to be interconnected to share modems, printers, and software which will result in a reduction in cost. This computer will also allow outside callers access to county bulletin boards for information or to leave or receive electronic mail at the same time the 80386 is being used in the office. There are other cost and time saving operations this system will benefit this office due to the speed and amenities offered. FUNDING The cost to upgrade the system from a 3000 NL to a 4000 LX is approximately $1,800.00. By taking this option the County will be receiving a state-of-the-art microcomputer system valued at approximately $6,000.00 for $1,800.00. The available funds from IFS or Extension Office budget will not support the added cost. RECOMMENDATION Bases on the information provided staff request approval of a budget amendment to the Agriculture Extension Office not exceed $1,800.00 to purchase the upgraded microcomputer system. Commissioner Eggert always had a problem when the State gives us part of the money to do something and then asks us to upgrade it, and wondered how necessary this was. Sonny Dean, Director of General Services, explained that the State has allowed the Agricultural Extension Office to have a minimum piece of equipment that meets the bare necessities, and have asked us to upgrade it so that it will be of more benefit to the Agricultural Office. Commissioner Scurlock was familiar with this particular computer, and explained that the main difference is the operating speed. He doubted very seriously if the people who operate it need any more speed. Commissioner Bird asked if they have a contingency fund in their budget, and OMB Director Joe Baird advised that they did not and that the difference would have to come out of the general contingency fund. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board by a vote of 4-1, Commissioner Bird dissenting, denied the request for approval of a budget amendment in the amount of $1,800. 8 F. IRC Bid 89-33 - Petroleum Products Award of Bid The Board reviewed the following memo dated 12/20/88: DATE: DECEMBER 20, 1988 TO: BOARD OF COUNTY COMMISSIONERS THRU: WILLIAM G. COLLINS, II ACTING COUNTY ADMINISTRATOR FROM: H.T. "SONNY" DE DIRECTOR OF GENERAL -ERVICES SUBJECT: INDIAN RIVER COUNTY BID 89-33 PETROLEUM PRODUCTS AWARD OF BID BACKGROUND Bids were received on Wednesday, November 28, 1988 for the subject commodities. The bid was properly advertised and five invitations were sent out with all vendors responding. ANALYSIS The low bid was submitted by Belcher Oil Company and they took no exceptions to the specifications. Indian River County used this company to supply the same materials during the last year. FUNDING Purchases will be made on as needed basis by individual departments using funds in their respective operating budgets. RECOMMENDATION Staff recommends Belcher Oil Company be awarded the contract based on their low bid. Commissioner Bird noted that all the pricing of fuel mentions OPIS, and General Services Director Sonny Dean explained that OPIS is a firm which publishes a weekly price from all the terminals in the state. The price is marked up from the price they bid, which is the way most bids are handled on petroleum products are handled. Commissioners Bowman and Scurlock understood then that OPIS is actually a price index. JAN 3 `d989 9 ROOK 75 PAGE 453 ,JAN 1989 BOOK .75 PAGE 454 ON MOTION by Commissioner Bird, SECONDED by Commissioner Scurlock, the Board unanimously awarded IRC Bid 89-33 to Belcher Oil Company, as set out in the above staff recommendation. BOARD OF COUNTY COMMISSIONERS 1840 25th Street Vero Beach, Florida 32960 • BID TABULATION tl� �� ? 4? • h7 "� O Q i �. �p� a (i�•} �1 O. 0 V v rU C.9a i 0S` Y OX�� Qom' �& O 0 (,j� le' .� (St v h C �� 0 p \ � at • 0,1° 0 a0 G q9 .t 0 `4� Y `Q ��1 ,(p �� N� �+ cr `a6 0 Q� \ TcP. Ar T i BID NO. IRC 089-33 DATE OF OPENING November 24, 1988 BID TITLE Petroleum Products ITEM NO. DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT • PRICE 1. Unleaded Premium Gasoline as per 1l8 . ja sa, M.B. . os+ .0014 .009 .0031 specifications. (Add to or discount from Orlando Average • OPIS) • 1 Lot 9_ Diesel Fuel as per specifications N3 . al -rpm' N P,. .04. .047794 .01263 .aa63 (Add to or discount from Orlando `1 Average OPIS) 1 Lot 3. Regular Gasoline as per N. B. ./.2 ' _ N.A, .o%# .O46'? .01114 specification. (Add to or _,0097= discount from Orlando Average OPIS) • . • 1 Lot 4. Payment Terms . (Net 30 Days Minimum) G. IRC Bid 89-35 - Sandridge Clubhouse Reroofing The Board reviewed the following memo dated 12/19/88: DATE: DECEMBER 19, 1988 TO: BOARD OF COUNTY COMMISSIONERS THRU: WILLIAM G. COLLINS, II ACTING COUNTY ADMIN TRATOR FROM: H.T. "SONNY" DEAN )1 DIRECTOR OF GENE'. SERVICES SUBJECT: INDIAN RIVER COUNTY.BID 89-35 SANDRIDGE GOLF CLUB CLUBHOUSE REROOFING BACKGROUND Bids for the subject project were received on November 30, 1988. Proper advertisement was accomplished in the local newspaper. Five (5) invitations were sent out and three responses were received. 10 ANALYSIS All bids were reviewed by this -office and the originating department to ascertain adherence to all specifications. The low bid was submitted by Lucas Waterproofing Company of Vero Beach. FUNDING Funding for this project was provided by Board approved operating budget of the Sandridge Golf Club. RECOMMENDATION '•- Staff recommends that the Board award this bid to Lucas Waterproofing at a total cost of $6,500.00. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously awarded IRC Bid 89-35 to Lucas Waterproofing at a total cost of $6,500 for reroofing the clubhouse at Sandridge Golf Club, as recommended by staff. BOARD OF COUNTY COMMISSIONERS 25th Street Beach, Florida 32960 BID TABULATIONC i� e 1f D 6Pr 1 e 4r0 Iv v fv U0,,0 P i 01 G Q II /cf*/,/ierr ,DCt1840 VVero V I, so 9: 9., ki or t 90 G� p 4 0 �O 0 `� 03 6�' (r 0� 0�, 9 Y `� 4 • �+ Q (� BD NO. IRC 889-35 DATE OF OQINGi November . 1988 BID TITLE Rernof the Sandridge Golf Course C.R REN DESCRIPTION NO. UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT 1. Refoof Sandridge Golf Course N.B. NA- so 13 o0 9M0' Clubhouse as per specifications. 1 Lot 2. Construction can begin N.b. 1a-a4V la- I-88 la -1-r8 Date 3_ Construction can be completed 1-1-9711r Jam -a. -re to 14-S$ Date 4. Warranty la ►ala.. la �,R (aVF f Years (Supply written copy of your proposed warranty.) 5. Payment Terms Net 30 Days . Minimum ,JA 3 i'89 11 BOOK 75 i'ALE 4b5 ,JAN 3 1989 BooK 75 FNE45Ib H. IRC Bid 89-42 - Golf Course Mowers & Trailers The Board reviewed the following memo dated 12/19/88: DATE: TO: THRU: DECEMBER 19, 1988 BOARD OF COUNTY COMMISSIONERS WILLIAM G. COLLINS, II ACTING COUNTY ADMINI_TRATOR FROM: H.T. "SONNY" DEAN DIRECTOR OF GENE'•L SERVICES SUBJECT: INDIAN RIVER COUNTY BID NO.89-42, WALKING GREENS MOWERS AND SMALL TRAILERS - AWARD OF BID BACKGROUND Bids were received on Wednesday, December 7, 1988 for the subject equipment. Two vendors submitted bids for the mowers and one bid for the trailers. Request for bids was properly advertised and were sent out. seven (7) invitations All the submittals were forwarded to Bob Komarinetz for his and recommendations. ANALYSIS Neff Machinery, Inc. all specifications. Hector Turf, Inc. was review submitted the low bid for the mowers and met They did not bid on the trailers. the only bid received on the trailers. FUNDING Monies to purchase this equipment were approved in the budget .t B4O00.° `i FP t aJvc_,D . annual RECOMMENDATION Staff recommends the purchase of the mowers at a total price of $6,575.10 and to reject the bid on the trailers. It is felt that the trailers can be built locally at a much lower cost than the only bid that was submitted. 12 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously awarded IRC Bid 89-42 to Neff Machinery, Inc. in the amount of $6,575.10 for the purchase of walking greens mowers for Sandridge Golf Club, and rejected the bid on the trailers, as set out in the above staff recommendation. BOARD OF COUNTY COMMISSIONERS 1840 25th Street Vero Beach, Florida 32960 BID TABULATION � 4 \ `/ `, I \j \ JJ �r ` �r'\ N91f , .` / BID NO. IRC 89-42 DATE OF OPENING 12-7-88 BI WALKING GREENS MOWERS AND SMALL ITEMINA I LERS u NO. DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE ' 1. WALKING GREENS MOWERS AS PER TGD/LO .3.<;.4vi.. SPECIFICATIONS. DLlaO S .2l9/ 70 WARRANTY -PARTS AND SERVICE �5-6S._ iazil DISCOUNT ON PARTS AFTER "14. Qr I<,5 10 WARRANTY.' c� N Drl IVERY ARO `• l'N 2. SMALL TRAILERS AS PER 5S-0 DD ;2N .. • SPECIFICATIONS. 3 WARRANTY -PARTS AND SERVICE• r�`. r \\ DISCOUNT ON PARTS AFTER ` v WARRANTY.\k ` DELIVERY ARO. PAYMENT TERMS / (NET 30 DAYS MINIMUM) (-9 •4 JAIL 1. Sheriff's Request to Utilize Monies from the Law Enforcement Trust Fund The Board reviewed the following memo dated 12/20/88: 1989 13 BOOK .75mE457 JAN 3X89 P. 0. SOX 608 PHONE 569-6700 December 20, 1988 BOOK ID FACE 458 R.T."TIM" DOBECK • INDIAN RIVER COUNTY MEMBER FLORIDA SHERIFFS ASSOCIATION MEMBER OF NATIONAL SHERIFFS ASSOCIATION VE10 BEACH, FLORIDA 32961-0608 Honorable Don C. Scurlock, Chairman Indian River County Commissioners 1840 25th Street Vero Beach, FL 32960 Re: Law Enforcement Trust Fund Dear Doug: cryo 0EC 10E8 1723 RECEIVED i 4 r BOARD COUNTY % lrnMMISSIONERS I This letter is a request for authority Enforcement Trust Fund as detailed below: to utilize $3,700.00, from the Law 1. $2,300.00 to pay off the lein and attorney fees on a 1986, Mazda, pick-up truck awarded to this department on November 28, 1988. The vehicle will be utilized within the department. 2. $1,400.00 to purchase specialized equipment to be utilized by the Emergency Response Team. I am requesting this item be placed on the "Consent Agenda" for the 198PF meeting. If you have any questions or any further information is required, please let s know. Sine R. T. "Tim" Dobeck, Sheriff Indian River County ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously authorized the Sheriff to utilize $3,700 from the Law Enforcement Trust Fund for purposes as set out in the above letter, and approved Budget Amendment #020. 14 TO: Members of the Board of County Commissioners FROM: Joseph A. Baird OMB Director SUBJECT: BUDGET AMENDMENT NUMBER: 020 ' DATE: December 27, 1988 Entry Number Funds/Department/Account Name EXPENSES Account Number Increase Decrease SPECIAL LAW ENFORCEMENT Sheriff/Other Prof. Services 112-600-521-033.19 $ 2,300.00 $ 0 SPECIAL LAW ENFORCEMENT Sheriff/Furniture and Equipment 112-600-521-066.41 $ 1,400.00 $ 0 SPECIAL LAW ENFORCEMENT Sheriff/Reserve for Contingency 112-600-581-099.91 $ 0 3,700.00 J. Release of Easement - Kings Musicland Subdivision - Bert Reuter Construction, Inc. The Board reviewed the following memo dated 12/6/88: TO: William C. Collins, II Acting County Administrator DIVISION HEAD CONCURRENCE: obert M. Aea .C.P. Community Devel pment Director THROUGH: Roland M. DeBlois 1041> Chief Environmental Planning FROM: Charles W. Heath Code Enforcement Officer DATE: December 06, 1988 SUBJECT: RELEASE OF EASEMENT REQUEST BY LEROY & SHEARLINE C/O BERT REUTER CONSTRUCTION, INC. 2015 9th STREET S.W. VERO BEACH, FLORIDA RE: DIS: CHEATH/WILLIAMS_ It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of January 03, 1989. ,JAN 3 1989 L 15 BOOK 75 PVA. 4 9 JAN 3 1989 BOOK 75 PA.J . 4b0 DESCRIPTION AND CONDITIONS: The County has been petitioned by Leroy & Shearline Williams, C/O Bert Reuter Construction, Incorporated, for the release of the common three (3) foot -side lot utility and drainage easements of Lot 12 and Lot 11, being_,the northerly three (3) feet of Lot 12, and the southerly three (3) feet of Lot 11, Block 5, Kings Musicland Subdivision, Section 17, Township 32, Range 39 East, Indian River County, Florida; according to the plat thereof as recorded in Plat Book 6, Page 17, 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 RS -3, Single -Family Residen- tial District. The Land Use designation is LD -1, Low -Density Residential. ALTERNATIVES AND ANALYSIS: The request has been reviewed by Southern Bell Telephone Company, Florida Power & Light, Indian River Cablevision Corporation, and the Indian River County Utility and Right -of -Way Departments. Based upon their reviews, there were no objections to the release of the easements. Staff analysis indicates that the drainage would still be adequately handled on-site. RECOMMENDATION: Staff recommends to the Board, through the adoption of a resolu- tion, the release of the common three (3) foot side lot utility and drainage easements of Lot 12 and Lot 11, being the northerly three (3) feet of Lot 12, and the southerly three (3) feet of Lot 11, Block 5, Kings Musicland Subdivision, Section 17, Township 32, Range 39 EAst, Plat Book 6, Page 17, of the Public Records of Indian River County, Florida. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board adopted Resolution 89-3, abandoning certain easements in Lots 11 and 12, Block 5, in Kings Musicland Subdivision. 16 RESOLUTION NO. 89-3 A 'RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA ABANDONING CERTAIN EASEMENTS LOT 12, LOT 11, BLOCK 5, IN THE KINGS MUSICLAND SUBDIVISION. WHEREAS, Indian River County has easements as described below, and WHEREAS, the retention of those easements serves no public purpose, 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 Leroy & Shearline Williams, C/O Bert Reuter Con- struction, Incorporated, whose address is 2015 9th Street S.W. Vero Beach, FL. 32962 Grantee, as follows: . Indian River County does hereby 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 RESOLUTION was moved for adoption by commissioner Scurlock , seconded by Commissioner .Bird and adopted on the 3rd day of January by the following vote: Commissioner Scurlock Aye Commissioner Wheeler, Aye Commissioner Bowman Aye Commissioner Bird Aye Commissioner Eggert .; Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By t EXHIBITS "A" The common three (3) foot side lot utility and drainage easements of Lot 12 and Lot 11, being the northerly three (3) feet of Lot 12, and the southerly three (3) feet of Lot 11, Block 5, Kings Musicland Subdivision, according to the plat thereof as recorded in Plat Book 6, Page 17, of the Official Records of Indian River County, Florida. 17 ,JAN 31999 Boor 75 r. c 461 ,JAN 3 6999 BOOK 75 PAGE 462 K. Release of Part of Land Secured by County Sewer Lien - Realcor Property The Board reviewed the following memo dated 12/28/88: TO: Board of County Commissioners FROM:ea R. Keller, County Attorney's Office DATE: December 28, 1988 RE: CONSENT AGENDA - BCC MEETING 1/3/89 RELEASE OF PART OF LAND SECURED BY COUNTY SEWER LIEN - REALCOR PROPERTY The County has a sewer lien on property owned by Realcor, which is described on an exhibit which is attached to this lien. Recently the property owner sold off some of the land and would like the County to release that portion sold from its lien. Mr. Cramer, the County Surveyor, has checked the legal description showing the land requested to be released by the County and has determined that it does not release all of the land from the County's sewer reservation; Mr. Barton, Asst. Director of Utility Services, agrees that the release of this land will not affect the County's utility lien on the remaining property; and Mr. Vitunac has approved the document for legal sufficiency. Therefore, staff recommends the Chairman execute the partial release. / Ik Attachments: Partial Release along with Schedule "A" describing all of the land on which there is now a County lien, and Schedule "B" describing the land to be released from the lien by the County Approved for CONSENT AGENDA B.C.C. MEETING 1/3/89 ` By �. (. k. ORNEY 18 NIS ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously authorized the Chairman to execute the partial release for ERU wastewater reservation and assessment lien, as recommended by Attorney Vitunac. PARTIAL RELEASE OF EQUIVALENT RESIDENTIAL UNIT WASTEWATER RESERVATION AND ASSESSMENT LIEN ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD L. Release of County Liens The Board reviewed the following memo dated 12/27/88: TO: Board of County Commissioners FROM: Lea R. Keller, County Attorney's Office DATE: December 27, 1988 RE: CONSENT AGENDA - BCC MEETING 1/3/89 RELEASE OF COUNTY LIENS I have processed the• following releases and request permission for the Chairman to execute them: ,JAN 1*39 Release of Assessment Lien - CRANDALL Lot 8 of SUNNYDALE ACRES SUBD Release of Assessment Lien - KELLOGG Lot 14 of SUNNDALE ACRES SUBD Release of Assessment Lien - CURETON Lot 15 of BREEZEWOOD PARK SUBD Release of Assessment Lien - SMITH Lot 9 of SUNNYDALE ACRES SUBD Release of Assessment Lien - GIBBONS Lot 12 of SUNNYDALE ACRES SUBD Release of Assessment Lien - EELMAN Lot 18 of LITTLE PORTION SUBD Release of Assessment Lien - RENKEL Lots 13 and 14 of LITTLE PORTION SUBD Release of Assessment Lien - SURLES Lots 7 and 8 of LITTLE PORTION SUBD Release of Assessment Lien - TYSON Lot 7 of SUNNYDALE ACRES SUBD 19 BOOK 75 FAH 453 ,JAIL 31989, 600K 75 FV,E. 464 Release of Assessment Lien - SHERAKO Unit 203, Pinecreek Condo Unit I Release of Assessment Lien - Sexton Lot 22 of OLD SUGAR MILL ESTATES, .#4 Satisfaction of Impact Fee Lien SOPHIA BICKERS Release of Assessment Lien - LANEY Lot 13 of SUNNYDALE ACRES SUBD Release of Assessment Lien - COOK The Si of Lot 6 & Lot 7 E the N of Lot 8 of GLENDALE LAKES SUBD Release of Assessment Lien - BUSH Lot 32 of RIVER SHORES ESTATES Back-up information for the above is on file in the County Attorney's & Utilities Department Offices. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously approved the Release of Utility Assessment Liens and Satisfaction of impact Fee Lien, as set out in the above memo. RELEASE OF ASSESSMENT LIENS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD M. Budget Amendment #019 - Court Facilities Computer Equipment The Board reviewed the following memo dated 12/27/88: TO: Members of the Board of County Commissioners DATE: December 27, 1988 SUBJECT: COURT FACILITIES BUDGET AMENDMENT FOR COMPUTER EQUIPMENT BUDGET AMENDMENT - 019 FROM: Joseph A. Baird OMB Director CONSENT AGENDA is i*•!i ` '�� Oil DESCRIPTION AND CONDITIONS Judge Kanarek is requesting a budget amendment from Court Facilities fund to purchase work stations and computer equipment for the Circuit Judges' Office. In summary the Circuit Judges are requesting the purchase of the computer equipment for the following reasons (See attached letter from Judge Kanarek for more detail). 1. Currently the word processors in use are obsolete and have become almost impossible to get serviced (parts not available, etc.). 2. This will allow the Judges to computerize scheduling of court rooms. 3. Currently there is one terminal that accesses court information from the IBM 38 which has to be shared by all judicial assistants. The new system will allow them to work at their desk and not have to leave their work station to retrieve information from the IBM 38. 4. The new system will allow judicial assistants to share the work load increasing efficiency of the Judge's office. 5. Judge Kanarek is currently using a IBM AT which personally belongs to him. The following is a breakdown of the cost: CAPITAL COSTS Computer Equipment System 400 $32,622.00 Data Link AS400 - S/38 Data Line 4,000.00 Software 6,214.00 Work Stations 3,086.00 TOTAL CAPITAL COSTS $45,922.00 OPERATING COSTS First Year Maintenance Costs $ 215.00 Second Year Annual Costs Maintenance Hardware Maintenance Printer Maintenance Modem 1,781.00 600.00 260.00 Funding The Court Facilities fund (106-909-581-099.91) has a contingency balance of $85,520.00. Recommendation Staff recommends the Board of County Commissioners authorize the purchase of this capital equipment. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously approved Budget Amendment #019 for the purchase of computer equipment for the Court Facilities. 21 JAN 3199 BOOK 75 F'{,E 4b5 JAN 3 1999 TO: Members of the Board of County Commissioners FROM: Joseph A. Baird OMB Director BOOK .75 PAH 466 SUBJECT: BUDGET AMENDMENT NUMBER: 019 DATE: December 27, 1988 Entry Number Funds/Department/Account Name Account Number Increase Decrease EXPENSES COURT FACILITIES FUND/ Court Facilities Department 106-909-581-099.91 $ 0 $45,922.00 Reserve for Contingency COURT FACILITIES FUND/ Circuit Court/Furniture & Equip 106-901-581-066.41 $45,922.00 $ 0 N. Budget Amendment #021 - Fax Machine for Office of Budget & Management The Board reviewed the following memo dated 12/27/88: TO: Members of the Board of County Commissioners DATE: December 27, 1988 SUBJECT: FAX MACHINE BUDGET AMENDMENT - 021 CONSENT AGENDA FROM: Joseph A. Baird OMB Director DESCRIPTION AND CONDITIONS The Office of Management and Budget is continuously using a fax machine to relay information to bond printers, bond counsel, underwriters, rating agencies, banks, investment companies, bond insurance companies, auditors, and other financial related institutions. The finance office for the Clerk also uses the fax machine considerably. Currently weare utilizing the fax machine located in emergency management on the first floor. This poses several problems. 1. We are continuously running from the third floor to the first floor to send and receive documents. (Several times a day.) 2. We sometimes utilize the fax machine for half an hour at a time. This could cause problems when emergency management is waiting for documents. 22 3. In the financial business time is money; therefore, everything is due yesterday. It is commonfor the Budget Office to be faxing information after 5:00 p.m. or later in the evening in order to make deadlines to save the county money. Currently after hours we have to go through two or three alarm system and outside to get to emergency management. If it is raining, the documents get wet and do not feed through the machine. 4. At the current rate that we are using the fax machine we are substantially shortening the life of the machine in emergency management. 5. The county presently does not have a back-up fax machine and in the event that the machine was to be broken all work would cease. The following is a breakdown of the cost of a fax machine: Fax Machine $1,800.00 Telephone Installation 200.00 Cable 300.00 Monthly Bill 300.00 Maintenance 160.00 $2,760.00 ANALYSIS As one can see the cost of an additional fax machine will be easily offset by the savings of employees time, the potential cost of not meeting a deadline because of a machine not being accessible or broken. In addition to the above mentioned, Ed Fry, Finance Director has agreed to pay half the monthly operating costs. FUNDING Funds to be transferred from General Fund contingencies for the purchase and operating costs of the fax machine. The contingency balance in the General Fund is $748,555.00 as of the December 22, 1988 General Ledger. Recommendation Staff recommends the Board of County Commissioners approve budget amendment 021. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously approved Budget Amendment #021 in the amount of $2,760 for the purchase and maintenance of a FAX machine for the Office of Management & Budget. 23 JAN 3 1989 BOOK 75 FACE 467 ,JAN 31989 TO: Members of the Board of County Commissioners FROM: Joseph A. Baird OMB Director LOOK 75 FACE 468 SUBJECT: BUDGET AMENDMENT NUMBER: DATE: December 27, 1988 021 Entry Number Funds/Department/Account Name Account Number Increase Decrease EXPENSES GENERAL FUND Office of Management and Budget 001-229-513-066.41 $ 2,300.00 $ 0 Office Furniture and Equipment GENERAL FUND Office of Management and Budget 001-229-513-034.11 $ 300.00 $ 0 Telephone GENERAL FUND Office of Management and Budget 001-229-513-034.63 $ 160.00 $ 0 Maintenance Office Equipment GENERAL FUND Office of Management and Budget 001-199-581-099.91 $ 0 $ 2.760.00 Reserve for Contingency 0. Budget Amendment #022 - County Judge Office Furniture The Board reviewed the following memo dated 12/28/88: TO: Members of the Board of County Commissioners DATE: December 28, 1988 SUBJECT: BUDGET AMENDMENT - 022 COUNTY JUDGE OFFICE FURNITURE FROM: Joseph A. Baird OMB Director CONSENT AGENDA CD DESCRIPTION AND CONDITIONS Joe Wild has been elected as County Judge and will replace Judge Kilbride. The furniture in Judge Kilbride's office was his own personal property; therefore, we will need to purchase furniture for Judge Wild. Below is a list of furniture he is requesting. Furniture Quantity Unit Price Total Desk 1 $ 278.00 $ 278.00 Credenza 1 270.00 270.00 Executive Chair 1 324.00 324.00 Side Chair 4 205.00 820.00 Miscellaneous - 600.00 600.00 $2,292.00 24 Because of time restraints staff has already purchased the above mentioned furniture with the exception of the miscellaneous capital in the amount of $600.00. FUNDING The attached budget amendment transfers funds from Court Facility Contingency 106-909-581-099.91. The Court Facility Contingency has the following balance: Court Facility Contincencv_ Beginning Balance Less Budget Amendment 019 Remaining Balance $85,520.00 (45,922.00) $39,598.00 - RECOMMENDATION Staff recommends the Board of County Commissioners approve budget amendment 022. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously approved Budget Amendment #022 in the amount of $2,292 for office furniture for the County Judge's Office. TO: Members of the Board of County Commissioners FROM: Joseph A. Baird OMB Director SUBJECT: BUDGET AMENDMENT NUMBER: 022 DATE: December 28, 1988 Entry Number Funds/Department/Account Name Account Number Increase Decrease 1. EXPENSE COURT FACILITIES FUND County Court/Furniture & Equip. 106-902-516-066.41 $ 2,292.00 $ .0 GENERAL FUND Reserve Court Facilities Dept./Conting. 106-909-581-099.91 $ 0 $ 2,292.00 ,JAN 31989 25 BOOK 75 rAc L 46 JAN 3 1989 BOOK .1 P. Budget Amendment #023 - Golden Sands Park The Board reviewed the following memo dated 12/28/88: PAGE 47tJ TO: Members of the Board of County Commissioners DATE: December 28, 1988 SUBJECT: BUDGET AMENDMENT - 023 GOLDEN SANDS PARK FROM: Joseph A. Baird OMB Director DESCRIPTION AND CONDITIONS It is necessary to do the attached budget amendment to Golden Sands Capital Project fund for the following reasons: 1. Golden Sands project had less expenses incurred than anticipated in the 1987/88 fiscal year (ended September 30, 1988) for engineering and construction. Because of this we will be receiving grant funds that were not anticipated in the 1988/89 fiscal year (beginning October 1, 1988) and we will also incur more expenses than anticipated. Entry # 1 appropriates the funding. 2. In the Board of County Commissioners meeting of December 20, 1988 a change order in the amount of $5,661.64 from Barth Construction, Inc. was authorized. Entry # 2 appropriates funding for the change order from Parks. 3. In the Board of County Commissioners meeting of December 20, 1988 a change order for Dickerson Construction in the amount of $42,022.90 was authorized for the installation of a deceleration/turning lane from A1A into Golden Sands Park. Entry # 3 appropriates the funding for the change order from the Secondary Road Trust Fund. FUNDING See attached budget amendment 023. RECOMMENDATION Staff recommends the Board of County Commissioners approve budget amendment 023. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously approved Budget Amendment #023 for Golden Sands Park, as set out in the above staff recommendation. 26 TO: Members of the Board of County Commissioners FROM: Joseph A. Baird, OMB Director SUBJECT: BUDGET AMENDMENT NUMBER: 023 DATE: December 28. 1988 Entry Number Funds/Department/Account Name Account Number Increase Decrease 1. REVENUES GOLDEN SANDS FUND 310-000-334-039.00 $ 150,000 $ Grants - Other Physical Env. EXPENSES GOLDEN SANDS FUND 310-143-572-033.13 $ 3,000 $ Engineering Services Construction in Progress 310-143-572-066.51 $ 147,000 $ 2. EXPENSES PARK DEVELOPMENT FUND 113-210-581-099.91 $ 0 $ 2,00 Reserve for Contingency Cash Forward 113-210-581-099.92 $ 0 $ 3.40 Professional Services 113-210-581-033.19 $ 0 $ 26 Transfer Out 113-210-581-099.21 $ 5.662 $ REVENUES GOLDEN SANDS PARK 310-000-381-020.00 $ 5,662 $ Transfer In EXPENSES GOLDEN SANDS PARK 310-143-572-066.51 $ 5,662 $ Construction in Progress 3. EXPENSES SECONDARY ROAD TRUST FUND Transfer Out 109-199-581-099.21 $ 42,012 $ Reserve for Contingency 109-199-581-099.91 $ 0 $ 42,01' REVENUES GOLDEN SANDS PARK 310-000-381-002.00 $ 42,012 $ Transfer In EXPENSES Construction In Progress 310-143-572-066.51 $ 0 $ 42.01: JAS 3 19 9 27 BOOK 75 PGE 471 JAW BOOK Q. Final Plat Approval for South Dixie Commercial Park The Board reviewed the following memo dated 12/21/88: 472 TO: William G. Collins II Acting County Administrator DIVISION HEAD CONCURRENCE: .2Xvis 304/1.26. J Robert M. Keating,`AICP THROUGH: Stan BolingAICP Chief, Current Development FROM: Robert E. Wiegers Staff Planner, Current Development DATE: December 21, 1988 SUBJECT: FINAL PLAT APPROVAL FOR SOUTH DIXIE COMMERCIAL PARK It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of January 3, 1989. DESCRIPTION AND CONDITIONS: South Dixie Commercial Park is a proposed 11 lot subdivision of a ±11.45 acre parcel of land. The subdivision is located at 2nd Street S.W., between the FEC Railroad right-of-way and Old Dixie Highway. The east 6.7 acres of the property (Lot 11) is zoned IG, General Industrial, and the r®,mainder is zoned CH, Heavy Commercial. The land use designation for the entire site is MXD, Mixed Use District. At its regular meeting of June 11, 1987, the Planning and Zoning Commission granted preliminary plat approval and the owner, Ed Schlitt, acting on behalf of himself and Florida Mining and Materials Company, is now requesting final plat approval and has submitted the following: 1. a final plat in conformance with the approved preliminary plat; 2. a warranty maintenance agreement covering publically dedicated improvements (roads, drainage easements, utilities, etc.); and 3. a letter of credit guaranteeing the warranty maintenance agreement. ANALYSIS: 1. Utilities: The subdivision will receive water service from Indian River County, and the Environmental Health Director has approved the use of individual septic systems. 2. Land Development: The county Public Works and Utilities Departments have verified that all required improvements have been constructed in accordance with the approved County Land Development Permit. 28 3. Maintenance Agreement: The County Attorney's Office has reviewed and approved the submitted warranty maintenance agreement and letter of credit. All requirements for final plat approval have been satisfied. RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final plat approval to the South Dixie Commercial Park Subdivision and accept the submitted warranty maintenance agreement and letter of credit. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously granted final plat approval for South Dixie Commercial Park, as recommended by staff. REQUEST TO DRAFT A NO LOITERING ORDINANCE The Board reviewed the following memo dated 12/19/88: TO: William G. Collins II DATE: December 19, 1988 FILE: Acting County Administrator FROM: V�►1C Margaret C. Bowman County Commissioner SUBJECT: Request by Harold Brown to appear before the Board of County Commissioners on 1/3/89 REFERENCES: .`� 4. a ''� .c: lam' /��n n•. �`:.". The Reverend Harold Brown of Gifford would li.kefto.:be placed on the agenda of 1/3/89 to request that Indian River County draft and adopt an ordinance prohibiting loitering. He visited Ft. Myers where such an ordinance has been effective in reducing drug dealing on the streets. The youths who hang out along the roadways in Gifford make the selling of drugs to the transient trade easy to negotiate and difficult to intercept. [There would have to be enforcement of "no loitering".] I guess it's worth considering. There probably isn't time to get the Ft. Myers ordinance before January 3, 1989 - but maybe thereafter? 29 SAN 3 1989 BOOK 75 PAGE. 473 AN ct3 1989. BOOK PAcE 474 Since Reverend Brown was not in attendance this morning, the Commissioners felt that it would be best to table this matter for two weeks. Commissioner Scurlock felt that before we rush into adopting an ordinance, the first thing we should do is touch base with the law enforcement people to see how effective we can be. Commissioner Bird commented that in many small communities, it is a way of life for people to gather in their yards and along sidewalks are there and roads to socialize. He believed that most of them for legitimate purposes and only a very small percentage of them are dealing drugs, and he wondered how we would differentiate through an ordinance. Commissioner Scurlock agreed that it is a way of life in some communities, but Commissioner Bowman stressed that there are people who stand by the shoulder of the road just waiting for money to be passed to them through a car window in exchange for drugs. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously tabled this matter for 2 weeks. CODE ENFORCEMENT - ASSESSMENT FOR ABATEMENT OF NUISANCE - INEZ WORKMAN The Board reviewed the following memo dated 12/6/88: TO: THROUGH: FROM: DATE: SUBJECT: RE: William G. Collins, II Acting County Administrator Ae • =•.ert M. re ting Community Develop nt Director Roland M. DeBlois1 hief Environmental Planning •' N EAD C NC. RRENCE: Charles W. Heath A Code Enforcement Officer December 06,. 1988 INEZ WORKMAN PUBLIC NUISANCE; ASSESSMENT FOR ABATEMENT OF NUISANCE AT 2048 42nd PLACE, VERO BEACH, FLORIDA. CV -88-11-680 DIS: CHEATH/WORKMAN 30 11 411 It is requested that the data herein presented be given .formal consideration by Board of County Commissioners at their regular meeting of January 03, 1989. DESCRIPTION AND CONDITIONS: On September 06, 1988, code enforcement staff had the Indian River County Sheriff's Department serve a Notice of Public Nuisance to Inez Workman, concerning the accumulation of aluminum cans, glass bottles, trash and debris on her property in the J.T. Gray's Town of Gifford Subdivision. The Respondent was cited as maintaining her property in violation. of Section 13-18(b)(1), of the County Code, which prohibits the accumulation of garbage, trash, junk, debris or unserviceable vehicles. The accumulation of the aluminum cans, glass bottles, trash and debris was not cleared from the property within the thirty day time period. Therefore, in accordance with Section 13-19(b), of the County Code, County personnel (ie: County Road and Bridge Division) abated the nuisance violation, with the cost to be assessed against the property owner. Section 13-21 of the' County Code requiies that the cost of a County nuisance abatement shall be calculated and reported to the County Commissioners, who, by resolution, shall assess such costs against the property. This matter is presented herein to the Board for consideration to adopt said resolution. ALTERNATIVES AND ANALYSIS: Section 13-21(a), Public Nuisance, of the Code of Laws and Ordi- nances of Indian River County specifically reads as follows: "After abatement of nuisance by the county, the cost thereof to the county as to each lot, parcel or tract of land shall be calculated and reported to the board of county commissioners. Thereupon,the board of county commissioners, by resolution, shall assess such costs against such lot, parcel or tract of land. Such resolution shall describe the land and state the cost of abatement, which shall include an administrative cost of seventy-five dollars ($75.00) per lot. Such assessment shall be a legal, valid and binding obligation upon the property against which made until paid. The assessment shall be due and payable thirty (30) days after the mailing of the notice of assessment after which interest shall accrue at the rate of twelve (12) per cent per annum on any unpaid portion thereof." Costs for equipment use, labor, and landfill charges, as indicat- ed by the Road and Bridge Division, plus the $75.00 administrative fee calculates to be: Equipment: Labor: Landfill Charges: Administrative fee: TOTAL: $1,440.00 $1,731.16 $3,775.30 $ 75.00 $7,021.46 RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt the proposed resolution assessing $7,021.46 in abatement costs, in accordance with Section 13-21 (a), Public Nuisance, of the Code of Laws and Ordinances of Indian River County. SAN 1989 31 BOOK 75 PALE 47' Fr" JAN 3 1989 BOOK 75 F.,E 476 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved staff's recommendation and adopted Resolution 89-4, assessing $7,021.46 in County abatement costs for removing garbage, trash, junk and debris from Lots 6 & 7, J.T. Grays Town of Gifford Subdivision. 32 RESOLUTION NO. 89-4 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ASSESSING COSTS OF COUNTY ABATEMENT BY REMOVING GARBAGE, TRASH,JUNK AND DEBRIS FROM Lots 6 & 7, J.T. Grays Town of Gifford Subdivision, PBI 1-89, SUCH ASSESSMENT BEING A BINDING OBLIGATION UPON THE PROPERTY UNTIL PAID. WHEREAS, the Board of County Commissioners of Indian River County has determined that the regulation of the accumu- lation of garbage, junk, trash, and debris is in the public interest and necessary for the health, •q;afsty and welfare of the citizens of Indian River County; and WHEREAS, Indian River County Ordinances No. 87-33, "Public Nuisances," defines as a public nuisance the accumulation of garbage, trash, junk, and debris, and unserviceable vehicle or parts; and WHEREAS, the accumulation of aluminum cans, glass bottles, trash and debris existed on property owned by Inez Workman, whose mailing address is 2048 42nd Place, Vero Beach, Florida 32960, such property having a legal description as follows: J.T. Gray's Town of Gifford Subdivision according to the plat thereof as recorded in Plat Book 1, Page 89, of the Public Records of Indian River County, Florida, and WHEREAS, the Board of County Commissioners of Indian River County has determined that landowners are responsible for abating public nuisance existing on their property; and WHEREAS, a Notice of Public Nuisance calling for the abate- ment of the described nuisance was sent to the owner by the Indian River County Sheriff's Department in accordance with Section 13-23, "serving of notice," of the County Public Nuisance Ordi- nance; and WHEREAS, the landowners of the subject property failed to abate the described nuisance within 30 days of the hand delivered Sheriff's Notice; and WHEREAS, Section 13-19(b) of the County Public Nuisance Ordinance (No, 87-33) authorizes the county Administrator to direct County personnel to abate a public nuisance if the nuisance is not abated by the landowner within 30 days notice; and WHEREAS, the County Administrator has authorized County personnel to abate the described nuisance; and WHEREAS, the County Road and Bridge Division has, as of November 14, 1988, abated the herein described accumulation of garbage, trash, junk, debris, unserviceable vehicles and vehicle parts nuisance; and WHEREAS, .Section 13-21(a) of the County Public Nuisance Ordinance provides that, after abatement of a nuisance by the County, the cost thereof shall be calculated and reported to the Board of County Commissioners; thereupon, the Board, by resolu- tion, shall assess such costs against the subject property, such cost to include an administrative •fee of seventy-five dollars ($75.00) per lot; and WHEREAS, the total cost of equipment use, labor and landfill charges and administrative fee for County abatement of the herein described nuisance is determined to be seven thousand twenty one dollars and forty-six cents ($7,021.46); and 33 JAN 3 '989 1001( 75 FACE 477 7 ;JAN h--;69 RESOLUTION NO. 89-4 BOOK 75 PACE 478 WHEREAS, Section 13-21(c) of the County Public Nuisance Ordinance provides that the assessment shall be due and payable thirty (30) days after the mailing of a notice of assessment, whereby if the owner fails to pay assessed costs within the thirty (30) days, a certified copy of the assessment shall be recorded in the official record books of the county, constituting a lien against the property, subject to twelve (12) percent per annum interest; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1) The foregoing recitals are adoptda and ratified in their entirety. 2) The costs of county abatement of the herein described accumulation of aluminum cans, glass bottles, trash and debris nuisance, totaling an amount of $7,021.46, is hereby assessed against Lots 6 & 7 J.T. Gray's Town of Gifford Subdivision presently owned by Inez Workman, whose mailing address is 2048 42nd Place, Vero Beach, Florida 32960. 3) The $7,021.46 assessment shall be due and payable to the Board of County Commissioners thirty (30) days after the mailing, or Sheriff's delivery of a notice of assessment to the landowner, after which, if unpaid, a certified copy of the assessment shall be recorded in the official record books of the county, constituting a lien against the described property, subject to twelve (12) percent per annum interest. THIS RESOLUTION was moved for adoption by Commissioner Scurlock , seconded by Commissioner Eggert , and adopted on the 3rd day of January ' , 1989, by the following vote: Commissioner Don C. Scurlock, Jr. Aye Commissioner Gary Wheeler Aye Commissioner Margaret Bowman Aye Commissioner Richard Bird Aye Commissioner Carolyn Eggert Aye The Chairman thereupon declared the resolution duly passed and adopted this ATTEST: ,5114 , day of 1989. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA e. 34 , Chairman PUBLIC HEARING - ORDINANCE AMENDMENT SECTION 25(w) OF THE ZONING CODE RE PIERS, DOCKS AND BOATSLIPS The hour of 9:05 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to wit: VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a in the matter of (2,6- (V) 4. in the _ Court, was pub- lished in said newspaper in the issues of IP /f'f 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 heretcfore 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. �1 Sworn to and subscribed before me this 2 _ day 6219 at •'^ ,_ (SEAL) (Business Manager)' an-Aive;,u,,ty,-Pturtda( The Board reviewed the following memo dated 12/22/88: -4 ;' 'c 7 NOTICE OF PUBLIC HEARING.':_ j: TO CONSIDER THE *' • ADOPTION OF A COUNTY ORDINANCE s• 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, Flor- ida. on Tuesday. January 5,1989.at 9:0Q a.m. to consider the adoption of an Ordinance ehttted'Z AN ORDINANCE OF INDIAN . RIVER . t COUNTY. FLORIDA, AMENDING SECS TION 25(w), PIERS, DOCKS AND BOAT=' SLIPS, OF THE GENERAL PROVISIONS OF APPENDIX A, ZONING, OF THE'? CODE OF LAWS AND ORDINANCES; " AMENDING PARAGRAPH 25(w) (4)b. TO.' ALLOW FOR THE EXTENSION OF DOCKS AND PIERS INTO WATERWAYS . - UP TO 20 PERCENT OF THE WATER WAY WIDTH; AMENDING PARAGRAPH 25(w) (4)c. TO ALLOW TIE -OFF PILES • AND MOORINGS OR DOLPHIN POLES TO EXTEND INTO A WATERWAY A MAXIMUM OF 25 PERCENT OF THE WATERWAY WIDTH; CREATING PARA- GRAPH 25(w) (4)d. TO MAINTAIN AN UNOBSTRUCTED WATERWAY WIDTH OF AT LEAST 25 FEET; CREATING PARAGRAPH 25(w) (8) TO MINIMIZE ENVIRONMENTAL IMPACTS; ANO PROVIDING FOR REPEAL OF CONFLIC- TION PROVISIONS, CODIFICATION. SEVERABIUTY, AND EFFECTIVE DATE. , r. Copies of the revised proposed ordinance are available at the Planning Division office on the second floor of the County Adminlatraton Build- ing. Anyone who may with to appeal any decision which may at this meeting will need to ensure that a verbatim record of the proceedings Is made. which Includes the testimony and evi- dence upon which the appeal is based Indian River County Planning and Zoning Commission • By: -s -Don C. Scurlock, Jr. Chairman December 12. 1988 TO: The Honorable Members of the Board of County Commissioners DIVISION HEAD CONCURRENCE: K -U i Robert M. Keating, AICP Community Development Director FROM: Roland M. DeBlois{ ) Chief, Environmental Planning DATE: December 22, 1988 SUBJECT: PROPOSED AMENDMENT TO SECTION 25(W), PIERS, DOCKS, AND BOAT SLIPS, OF THE COUNTY ZONING CODE 35 L JAN 3 1989 BOOK 75 F,1GE 4 9 ,JAN `6 BOOK 75 FAE 480 It is requested that the data herein presented be given formal consideration by the Board. of County Commissioners at their regular meeting of January 3, 1989. DESCRIPTION & CONDITIONS: At the regular meeting of the Board of County Commissioners on September 13, 1988, the Board voted unanimously to direct staff to initiate changes to county dock regulations. The recommenda- tion was based on concerns raised by L.A.T. Marine, a local dock building company, that present county standards are unnecessarily more restrictive than those of the City of Vero Beach, Army Corps of Engineers (ACOE) and the Florida Department of Natural Re- sources (FDNR) . On November 10, 1988, planning staff presented a dock ordinance amendment proposal to the Planning & Zoning Commission for their review. The Planning & Zoning Commission voted unanimously to recommend approval of the proposed ordinance amendment and forward it to the Board of County Commissioners for final adoption. ALTERNATIVES & ANALYSIS: The main issue which has been raised regarding present county dock regulations is the restriction of docks to a maximum projec- tion of ten percent (10%) of the waterway width where a dock is located. A minimum projection of eight (8) feet is presently guaranteed, regardless of waterway width. Specifically, the concern is that the restriction conflicts with the need to project docks waterward to a point where water depth is suffi- cient for boat/bottom clearance in existing man-made canals. Staff reviewed regulations of the City of Vero Beach, the Florida Department of Natural Resources (FDNR), and the Army Corps of Engineers (ACOE) to determine ordinance modifications that would be consistent with other jurisdictional and local agencies. With consideration to navigational needs and consistency with other applicable agencies, the ordinance amendment proposes to allow docks to extend to 20% of waterway width, with tie -off pilings allowed to project to 25% of waterway width. Additionally, the ordinance amendment proposes to require that docks and other waterfront structures be located to minimize negative impacts on shoreline vegetation (ie -mangroves) and marine grassbeds, as applicable to a given site. RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt the proposed dock ordinance amendment. Commissioner Scurlock had understood that the matter of unimproved Tots which was discussed a couple of weeks ago would be a part of this ordinance, but Director Keating explained that would be a separate item and that he expected to bring that to the Board sometime later this month. Commissioner Bowman understood that this was based on canals that have a minimum width of 50 feet, and asked if narrower canals were going to be in trouble. 36 Environmental Planner Roland DeBlois advised that they couldn't find a canal of a lesser width that had docks. Commissioner Bowman didn't think the canal up where she lives was 50 -ft. wide, or even the canals in Rockridge, for that matter, Commissioner Bird understood that this was based on a percentage, and Planner DeBlois confirmed that it was. There is a provision in the ordinance that would guarantee a certain clearance area towards the middle,of the canal. There is a 25 -ft. center area that would not be interfered with even in the smaller canals. Chairman Wheeler opened the Public Hearing, and asked if anyone wished to be heard in this matter. There being none, he closed the public hearing. JAN 3 1989 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board adopted Ordinance 89-1, amending Section 25(w), Piers, Docks and Boatslips, of the general Provisions of the Zoning Code of Laws and Ordinances. 37 Boot( 75 FACE 481 JAN 1989 BOOK INDIAN RIVER COUNTY ORDINANCE NO. 89-1 F4,L4S2 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 25(w), PIERS, DOCKS, AND BOATSLIPS, OF THE GENERAL PROVISIONS OF APPENDIX A, ZONING, OF THE CODE OF LAWS AND ORDINANCES; AMENDING PARAGRAPH 25(w)(4)b. TO ALLOW FOR THE EXTENSION OF DOCKS AND PIERS INTO WATERWAYS UP TO 20 PERCENT OF THE WATERWAY WIDTH, AMENDING PARAGRAPH 25(w)(4)c. TO ALLOW TIE -OFF PILES AND MOORING OR DOLPHIN POLES TO EXTEND INTO A WATERWAY A MAXIMUM OF 25 PERCENT OF THE WATERWAY WIDTH; CREATING PARAGRAPH 25(w)(4)d. TO MAINTAIN AN UNOBSTRUCTED WATERWAY WIDTH OF AT LEAST 25 FEET; AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMIS- SIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: PART 1 Subsection paragraphs 25(w)(4)b. and 25(w)(4)c. of the General Provisions of Appendix A, Zoning, of the Indian River County Code of Laws and Ordinances are hereby amended as follows: b. Extension of docks and piers in waterways; generally. Docks and piers / / k/i4J- 6l./i6/ A444 -t M/ /L /,/ /ali/a/ /dtth'q'r/ /4601A`tC(WI1¢'0a, shall not project outward from the shore more than tE0vi/,UiiJ 1304004t twenty (20) percent of the width of the waterway at a point where they are located. / / eA44 / aAt/ 413 ak/ 1401 /bb/ /e/i/gJts/t A $ Y / 4kkk/ /ik/ /0411fti1 utioit / hk/ /ilr/Wtla!7aldcX A icitittcalO sgsg/ b/f/ /Va<tleka'Y 0U0011 The outward projection of a dock shall be measured from the water's edge at mean low tide. The location, di- mensions, and structural charactear of all structures shall be in conformity with applicable federal and state jurisdic- tional agency regulations. Ot/0¢/$tF4 /0t/r40i4041 c. Tie -off piles, mooring or dolphin poles. Tie -off piles and mooring or dolphin pales may extend into a waterway a maximum of twenty-five (25) percent of the width of the waterway. Boat lifts attached to a dock shall be permitted between the dock and the tie -off piles, and/or mooring or dolphin poles. M41/,bkl /Y0V4Med/xzAM//107/At4//1/o'c/i3Mk3//r/I///.bAkt//tlh' /040 Yilividi d//A44$r//f1Wtl/kb/ tWa. /kl' kkk/14f /AV4604ll//0t 4AV I4At i 04/ /d} 1. Notwithstanding, all such "structures IXi.00¢1/* .,tYailikAW Ard W/Rfilvisir liiii i¢/Pt444t*4 shall comply with applicable federal and state jurisdictional . agency regulations. Of /?bi¢/$tE U/0t/nOndo1 PART 2 Subsection paragraphs 25(w) (4) d. and 25(w) (6) of the General Provisions of Appendix A, Zoning, of the Indian River County Code of Laws and Ordinances are hereby created as follows: d. Application of paragraphs "b" and "c" above shall not result in an unobstructed waterway of less than twenty-five (25) feet in width (twelve and one-half (12i) feet either side of the waterway centerline). (6) Environmental impact considerations. Piers, docks, boat shelters, or other waterfront structures shall be located to minimize negative impacts on shoreline vegetation and marine grassbeds, as applicable. 38 ORDINANCE NO. 89-1 PART 3 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 ordi- nance are hereby repealed to the extent of such conflict. PART 4 CODIFICATION The provisions of this ordinance shall be incorporated into the County Code and the word "ordinance" may be changed to "sec- tion", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intentions. PART 5 SEVERABILITY If any section, part of a sentence, 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 legis- lative intent to pass this ordinance without such unconstitution- al, invalid or inoperative part. PART 6 EFFECTIVE DATE The provisions of this ordinance shall become effective upon receipt from the Florida Secretary of State of official acknowl- edgement 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 3rd day of January , 1989. ,JAN 3 1989 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By ATTEST BY 39 , Chairman LOOK 75483 Pr- IJAN c6 1989 BOOK 75 FACE 484 PUBLIC HEARING - ORDINANCE ADOPTING A SPECIAL SURCHARGE RATE FOR THE PROVISION OF WATER TO CUSTOMERS IN THE AREA FORMERLY SERVED BY THE NORTH BEACH WATER COMPANY 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 V.era Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being • in the matter of --4414 in the fished in said newspaper in the issues of /CJr✓t Court, was puti- Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in sajd Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach. in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and aftiant 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 L,1 10 -if .. e. 19 e/ )cle tlf jp (Business Manager) .1/ , T' ; sold $39 million in bond anticipation notes secured by the promise of the County to issue permanent bonds. The permanent bonds are to -be secured by a $13 per month surcharge on the residents of the former North Beach Water Co. franchise territory. The attached ordinance adopts this surcharge as part of our rate structure. Staff recommends approval. Attorney Vitunac explained that this ordinance establishes a rate which is necessary to fund the purchase of the North Beach Water Company. State law requires a public hearing to be held for the residents of that area, and that public hearing was held when the County considered buying the whole company. This ordinance states that for 5 years there will be no more than a $13.00 per month surcharge to residents of that former franchise territory. The 5 -year period was picked because we sold bond anticipation notes, and by the end of the 5 years, the County will get permanent financing. After 5 years the County can adjust the rate on the surcharge to as high as necessary to fund the permanent financing of the acquisition. Therefore, what the developers and the owners of the franchised territory bought is a 5 -year cap on a surcharge of no more than $13.00 per month, which will allow them to sell out their project and get real customers in there paying money into the utility system. Then, if the rate has to go higher, and it should not have to go much higher, the County will be able to raise the surcharge after December, 1993. Commissioner Scurlock explained that the $13 surcharge doesn't cover the cost of the acquisition. They arrived at the $13.00 amount after looking at their existing rate structure. This was a negotiated purchase, and the developer wanted to have enough opportunity to sell additional units, while we wanted to keep the rate approximately the same. With regard to the bond anticipation notes, their recommendation at some point will be to refinance as soon as FmHA agrees to loan us the money and offers us a discount. JAN 3 la;J 41 BOOK 75 M1485 r ,JAN 3 1989 BA* 75pe486 Cammlitsaiamer Bird asked how Utilities will cover the shortferr between, now and when we get a larger customer base to carry tiim ammmaili dWat service requirements, and Utilities D i rrceccttuair 11 -Eerily,° Olimitcp advised that there is enough revenue in the system ttei; croimar it, and there really is not going to be any shgaii fiita t JIfr rrt_fa H during the temporary financing period. The presemt maagm UT Iress than one-half million gallons a day, and the $111 WA to all present and new customers that come on the system at cruimm ttbe next 5 years. The ultimate capacity, with sone alltliittamp tteo bike plant, is 2.5 million gallons a day.. At resemt thimme wrre MOO ERUs reserved based on usage of 500 g wmrr.. Cammiisis5iimaixr Scurlock noted that they are hoping to have reffffllu-,. me as, soon as enough additional customers come on 11 h .. Eltmilmwaim Airkaler opened the Public Hearing, and asked if ararire' wnEiir_+ "etc heard. There being none, he closed the Pub I! iii I#i�riiGr.. ;MOar@N by Commissioner Eggert, SECONDED by C, rr rissJ orrer Scurlock, the Board unanimously adopted Oft-Wi nare e 89-2, adopting a special surcharge rate for t :pr:ra ision of water by the Indian River County i![:iiiiitise:s Department to the customers in the area lidoureirhly served by the North Beach Water Company. 42 ORDINANCE NO. 89-2 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, ADOPTING A SPECIAL SURCHARGE RATE FOR THE'PROVISION OF WATER BY THE INDIAN RIVER COUNTY UTILITIES DEPARTMENT TO THE CUSTOMERS IN THE AREA FORMERLY SERVED BY THE NORTH BEACH WATER COMPANY. BE IT ORDAINED by Indian River County, acting through its Board of County Commissioners, that: SECTION 1. SURCHARGE ESTABLISHED There is hereby established a special surcharge on the monthly water utility bill of the customers of the former North Beach Water Company franchise territory which surcharge shall not exceed an additional $13 per month per equivalent residential unit (ERU) over and above the County water utility rate. SECTION 2. SURCHARGE LIMITS The surcharge shall not exceed $13 per ERU per month for five years from December 1, 1988. After DecemberAr 1993, the surcharge may be adjusted upward to an ;amount certified by the County's financial advisor to be necessary to fund the debt service on the bonds issued to purchase the North Beach Water Company. SECTION 3. TERMINATION OF AUTHORITY FOR SURCHARGE The authority for the surcharge authorized by this ordinance shall expire when the long-term bonds have been paid, which bonds are to be issued within the next five years- to retire the bond anticipation notes used to purchase the North Beach Water Company. Approved and adopted .by the Board of County Commissioners of Indian River County, Florida, on this 3rd day of January , 1989. This ordinance was advertised in the Vero Beach Press Journal on the 12th day of Dsmbeu._ , 1988, for a public hearing to be held on the 3rd day of January 1989, at which time it was moved for adoption by Commissioner Eggert seconded by Commissioner Scurlock , and adopted by the following vote: ,JAN 43 BOOK 75 PAF 487 JAR 1989 Chairman Gary C. Wheeler Vice Chairman Carolyn K. Eggert Commissioner Margaret C. Bowman Commissioner Richard N. Bird Commissioner Don C. Scurlock, Jr. Attest: 48 13001(13001( 10 ��+�L8 NO. 89-2 Aye Aye Aye Aye Aye BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By ' (�` •�. LJ'" Chairman PUBLIC HEARING - ORDINANCE AMENDING BUILDING CODE - TECHNICAL UPDATE The hour of 9:05 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to wit: VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a > in the matter of Rdit;,?(/ /.er in the Court, was pub- lished in said newspaper in the issues of /Z,/0 Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in sajd Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this �(� _: day i ' �`,�y/ It/. (SEAL) Notary Public, State of Florida Ay Curnr►dssion Expires Juno 29, 1989 aendrd hw Tiny Fain - wrrnnrs. MC. 44 The Board of County CCommmisslarers of Indian • River County. Florida: will conduct a Public Hearing on Tuesday; January 3;.1989 at 9:05 am. in the Commission Chambers at 1840 25th Street. Vero Beach, FL 32960, fgroonslder the • adoption of an ordinance entitled:r z.•. . AN ORDINANCE OF• INDIAN RIVER a4 COUNTY, • FLORIDA MAKING ADDt— . . TIONS, DELETIONS AND ;.AMEND- i;? MENTS TO ARTICLE II . (BUILDING ,: N ' ARTICLE V (GAS ARTI-• CLE V (PLUMBING CODE); ARtftLE VII (MECHANICAL CODE); AND ARTICLE :. VIII (HOUSING CODE), CODE OF LAWS AND ORDINANCES OF INDIAN RIVER COUNTY; PROVIDNG FOR CONFLICT- ... ING PROVISIONS; PROVIDING FOR SEVERABILITY; .PROVIDING FOR IN- CORPORATION : IN CODE; AND . 1 PROVIDING FOR EFFECTIVE DATE. . •£• st7 j Anyone who may wish .to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings Is made, which Includes testimony and evidence upon which the appeal Is based. •r�,,7, : r . INDIAN RIVER COUNTY !`as:.►"t +41'•', :'t BOARD OF COUNTY COMMISSIONERS DON C. SCURLOCK, JR., CHAIRMAN December 16.1988 ,e;(0717:2; ^� 1%' 4 .\ The Board reviewed the following memo dated 12/28/88: TO: The Board of County Commissioners FROM: .(1/William . G. Collins 11 - Acting County Administrator DATE: December 28, 1988 SUBJECT: Building Code Technical Update On November 22, 1988 the Board of County Commissioners accepted the unanimous recommendation of the Indian River County Building Code Board of Adjustment and Appeals to update its Technical Building Codes by adopting the 1988 Editions of the Southern Standard Building Code, Plumbing Code, Mechanical Code, Gas Code, and Housing Code. The Board approved the recommendation and instructed that amendments be prepared for presentation to the Board of County Commissioners for -their review prior to scheduling a public hearing. This ordinance has been scheduled for a public hearing and I request your adoption .of the attached ordinance as an emergency ordinance for the following reasons: 1. The changes to our existing ordinance only reflect the use of the 1988 Editions of the Standard Codes. 2. The Building Official, Mrs. Rymer, is attempting to have the updated Codes adopted simultaneously by the County and the City of Vero Beach. The City update is scheduled to occur on January 3, 1989. Since the Building Department is a City/County Building Department, it would be difficult to administer two different sets of codes, rather than instituting the updated codes for both jurisdictions simultaneously. 3. The 15 -day notice requirement of Florida Statute 125.66(2) has not technically been met since our advertisement of the ordinance on December 16, 1988 only provides 13 days' notice of intent to consider the ordinance when Sundays and legal holidays (Christmas and New Year's which when falling on a Sunday are celebrated on a Monday) are excluded from the calculations. The attached ordinance can be adopted by the following procedure: A 4/5ths vote of the membership of the Commission waiving the notice requirements, declaring that an emergency exists and that immediate enactment of said ordinance is necessary. RECOMMENDATION 1. By supermajority vote, waive the normal notice requirements, declare the emergency and necessity of enactment of the ordinance. 2. Adopt the ordinanceas presented by motion approved, seconded and carried. JAN 3 1989 45 BOOK 75 F'GE 489 ,JANLt3 1989 sooK 75 F'a r 490 Administrator Collins recommended adopting this ordinance as an emergency ordinance today, and explained that because of the holidays falling on Sundays and celebrated on Mondays, we technically have given only 13 -day's notice instead of the required 15 -day notice. A further reason for an emergency ordinance is that the Building Department is attempting to have the same technical update implemented by the City of Vero Beach through an ordinance tonight, and it would be difficult working under two sets of codes. In order to waive the 15 -day notice, it must have the vote of 4f5ths of the Board, and the Board also must declare that an emergency exists. This way we will be able to send our ordinance to Tallahassee at the same time the City sends theirs. Attorney Vitunac clarified that there actually was a 15 -day notice, but only 13 days of that period are considered legal. Chairman Wheeler opened the Public Hearing, and asked if anyone wished to be heard. There being none, he closed the Public Hearing. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously waived the 15 -day notice and adopted, Emergency Ordinance 89-3 making additions, deletions and amendments to the Building Code of Indian River County. 46 ORDINANCE NO. 89- 3 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA MAKING ADDITIONS, DELETIONS AND AMENDMENTS TO ARTICLE I1 (BUILDING CODE); ARTICLE V (GAS CODE); ARTICLE VI (PLUMBING CODE); ARTICLE VII (MECHANICAL CODE); AND ARTICLE VIII (HOUSING CODE), CODE OF LAWS AND ORDINANCES OF INDIAN RIVER COUNTY; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCORPORATION IN CODE; AND PROVIDING FOR EFFECTIVE DATE. BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida; SECTION 1. Section 4-31, Code of Laws and Ordinances is amended to read: Section 4-31. Standard Building Code adopted. The Standard Building Code, 19$6 1988 edition, including Appendix A, ///the///1/9/8/Ci//$I7///E?4&lsfY r/4, as published by the Southern Building Code Congress is hereby adopted by reference as the Indian River County, Florida, Building Code, subject to the limitations, exceptions, and modifications set forth herein. SECTION 2. Section 4-81, Code of Laws and Ordinances is amended to read: Section 4-81. Standard Gas Code adopted. The Standard Gas Code, 19$U 1988 edition, 19$6/$7 Re*1i10it as printed by the Southern Building Code Congress, is hereby adopted by reference as the gas code of Indian River County, Florida, with such modifications as hereinafter set forth. SECTION 3. Section 4-91, Code of Laws and Ordinances is amended to read: Section 4-91. Standard Plumbing Code adopted. The standard Plumbing Code, 19$$ 1988 edition, 19$6/$7 fR��il$1d�d�� as printed by the 47 JAN 31989 Southern Building Code 3001( 75 FACE 491 ,JAI BOOK 15 fI:E 492 Congress, is hereby adopted by reference as the plumbing code of Indian River County, Florida, with such modifications as herein set forth. SECTION 4. Section 4-101, Code of Laws and Ordinances is amended to read: Section 4-101. Standard Mechanical Code adopted. The Standard Mechanical Code, 198$ 1988 edition, 1988/87/VtkliAAohbt as printed by the Southern Building Code Congress, is hereby adopted by reference as the mechanical code of Indian River County, Florida, with such modifications as herein set forth. SECTION 5 . Section 4-106, Code of Laws and Ordinances is amended to read: Section 4-106. Standard Housing Code adopted. The Standard Housing Code, 198$ 1988 edition, 1988/87 ReiltWt is hereby adopted by reference as the housing code for Indian River County, Florida, with such modifications as may be set forth by the Board of County Commissioners by ordinance. SECTION 6. Conflicting Provisions. Special acts of the Florida legislature applicable only to unincorporated areas of Indian River County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. SECTION 7. Severability. If any section, or if any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. 48 SECTION 8. Incorporation in Code. This ordinance shall be incorporated into the Code of Laws and Ordinances of Indian River County 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 purposes. SECTION 9. Effective Date. This ordinance shall become effective upon receipt from the Secretary of State of the State of Florida of official acknowledgment 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 3rd day of January , 1989. This ordinance was advertised in the Vero Beach Press -Journal on the 16thday of December , 1988, for a public hearing to be held on the 3rd day of January 1989, at which time it was moved for adoption by Commissioner Eggert , seconded by Commissioner Bird and adopted by the following vote: .JAN 3 189 Chairman Gary C. Wheeler Aye Vice Chairman Carolyn K. Eggert _ALL_ CommissionerMargaret C. Bowman _ALP Commissioner Richard N. Bird _ Awe Commissioner Don C. Scurlock Jr. _ Aye 49 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BOOK « F CL 4U3 PAVING QF BLUE CYPRESS LAKE ROAD Boor 75 FAH 494 The Board reviewed the following memo dated 11/8/88: TO: William G. Collins II, Acting County dGmirfistrator FROM: Gary W.'Wheeler, County Commissioner SUBJECT: Paving of Blue Cypress DATE: November 8, 1988 Lake Road J08 c The unpaved condition of Blue Cypress Lake Road has been a continuous maintenance problem for Indian River County since the lake has been open to the public. The Public Works Department has proposed various funding plans to pave the road, but no approved program has come forth. In speaking with Jim Davis, the County would probably benefit from a small scale program to pave 1/4 mile of the road per year. This would initially improve the road's connection to SR6Q which is under constant stress due to vehicles entering SR60. The cost could be absorbed in Road and Bridge Division's annual budget. I would like this item discussed at a regularly scheduled Board of County Commission meeting. The cost to pave 1/4 mile of road would be $4.50/sy or $11,700. Administrator Collins explained that he placed this matter on the Agenda today for discussion purposes to see how the Board feels about the County paying for the paving of the road. Commissioner Scurlock felt that it was totally inappropriate to pick up the total tab for paving an access to a lake that is used to a great extent by out of county residents. He believed we should look at a multitude of sources to pay for the paving, such as charging $1.00 or $2.00 for launching a boat at the park. If the Board decides to pave that road, he suggested that some safety provision be made such as bumps to slow down the traffic. Public Works Director Jim Davis advised that we have already spent $10,000-$15,000 on additional fill to raise the elevation of the road by one foot, and his concern was that the rains will wash that material back into the marsh and we will have to bring it up a foot in another 2-3 years from now. There will be a continual problem of raising the elevation of the road to keep it out of the higher ground watertable that has been created due to 50 the impoundment of the upper St. Johns River basin. Director Davis estimated that while we have about $120,000 in the Boating Improvement Fund, that money has been earmarked for other projects in the park improvement program. Commissioner Eggert had a problem doing this a 1/4 of a mile at a time, and Director Davis pointed out that the annual maintenance costs for that particular road are $3,000-$4,000 because we have to take a grader and other equipment such an extensive distance. Chairman Wheeler explained that the main reason he asked for this to be on the Agenda today is that he felt it was extremely difficult to pull out onto SR -60 from a dirt road. He would like to see the first 1/4 mile paved at least. Director Davis said that they have just rebuilt a restroom and put in a cold -water shower facility there, and Commissioner Bowman suggested charging admission to the park. Commissioner Scurlock felt that 50% of the paving costs should be borne by the general public and the other 50o paid through a combination of residential special assessments and boat launching fees. Director Davis believed we could come up with an assessment of $1,000 per unit for 100 residential units. Commissioner Bird noted that we have a couple of land owners out there who own vacant property along side of the road, and suggested that we get in touch with them to see if they would be willing to participate. JAN bb'a MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Eggert, that the Board request Director Davis to come back with a proposal within 30 days after exploring other sources to pay for 50% of the paving cost, with the other 50% to come from the general public. 51 E001;, 75 FACE 495 „AN 31989 BOOK PAGE 4(J6 Under discussion, Administrator Collins advised that he would check the agreement we have with Mr. Middleton at the lake to see if he could handle the collection of boat launching fees. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and passed unanimously. VERO BEACH HIGH SCHOOL GIRLS GOLF TEAM — PLAYING PRIVILEGES AT SANDR1DGE The Board reviewed the following memo dated 1/3188: TO: Members of the Board of County Commissioners THRU: Wm. Collins Acting County Administrator FROM: Bob Komarinet Director of Go DATE: January 3, 1989 SUBJECT: FILE: Vero Beach High School Girls Golf Team Playing Privileges REFERENCES: DESCRIPTION AND Q X'1DITI(4S I have enclosed a letter from the Vero Beach High School requesting that the girl's golf team'use Sandridge Golf Club for their practices and their golf matches starting in February of 1989. I explained to Mr. Doug Baker, the team coach, that our bond covenant does not allow this without a fee. I think for a situation of this type we can develop a nominal fee of $100.00. Although they do not have any money budgeted for this purpose, I have spoken to someone who is willing to sponsor them. RRCIDATION. Staff recommends that the Board of County Commissioners approve the Vero Beach High School Girls Golf Team the use of the facilities at Sandridge Golf Club for a fee of $100.00 for 1989. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously granted the Vero Beach High School Girls Golf Team the use of facilities at Sandrigge Golf Club at a fee of $100 for 1989. 52 Commissioner Bowman wanted us to make sure that their school insurance covers the Iiability'at the golf course, and Administrator Collins stated he would check that out. E911 CENTER - SERVICE AGREEMENT WITH EPE AND REPLACEMENT OF UNINTERRUPTED POWER SUPPLY (UPS) BATTERIES The Board reviewed the following memo dated 12114/88: TO: William Collins DATE: December 14, 1988 FILE: Acting County Administrator ti FROM: Doug Wright E911 Coordinator SUBJECT: Replacement of Uninterrupted Power Supply (UPS) Batteries of E911 Center and Approval of Service Agreement REFERENCES:, It is respectfully 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 Recently Central Dispatch experienced the third failure of the E911 system. The failure was again attributed to the UPS system and resulted in the loss of radio dispatch capabilities, computer oper- ations, and the administrative phone system. Upon examination by Lynn Williams and a representative of EPE Technologies, Inc., it was discovered that a third power battery in the battery cabinet had failed. The first one failed on July of 1988, the second on November 14, 1988. On December 12, 1988, a third battery failed rendering the Central Dispatch without power to perform emergency dispatch. EPE Technologies, Inc., has informed the County that they have prior experienced problems with these batteries. He indicated that these batteries have a history of a one year life as opposed to an eight year life for another brand of battery. He also informed the re- ferenced county officials that there was a great probability that if the manufacturer of the batteries were changed, the battery cabinet would also have to be replaced which would amount to several thousand dollars. It is unfortunate that the warranty period for the batteries has expired as only one year was guaranteed. Each time a battery goes bad, it can be taken out of the circuit, but this reduces the amount of power that the UPS can provide and also requires that EPE adjust the charging system. If the power adjustment is not done, it will overcharge the other remaining bat- teries and cause additional damage. Each time the EPE representative travels to Indian River County to make this adjustment, the County incurs an expense exceeding $800 computed at $100 per hour for a Minimum of eight (8) hours. JAN 3 1989 53 BOOK 75 F ,E 497 JAN6J ilbd� POOK 75 PACE 498 It appears that a service contract should be considered and the bat- teries that are apparently inferior should be replaced to improve the reliability of the UPS system. ALTERNATIVES AND ANALYSIS The liability of Indian River County is certainly at risk as a result of the failure of the batteries rendering the Central Dispatch in- operative. It seems that the most logical approach at this time would be to replace the existing power batteries with the new type battery in which the manufacturer has made significant improvements. The approximate cost of replacing the batteries as proposed by EPE, would be in the range of $2,000 and the cabinet would not have to be replaced. An alternative would be to replace the UPS system with a static type system which would cost approximately $90,000. The static type system could be purchased on a lease/purchase type option. However, this is not recommended due to the excessive costs and lack of funds in the existing E911 budget prior approved by the state. Funds are available for maintenance and improvements to the existing UPS system and that is the approach which appears most feasible at this time. In an effort to reduce the costs associated with an EPE represent- ative having to replace the batteries when they go bad and adjust the charging circuit, it appears that the Board of County Com- missioners should approve the attached service contract with EPE at a cost of $6,000 per year. This should reduce repair costs and with the replacement of the inferior batteries, problems should be mitigated with the system. It should be noted that batteries are not covered by the service agreement, this being standard industry practice. An alternative to the service contract would be for a member of the Building and Grounds Division to be trained and certified by EPE to adjust the charging circuit, troubleshoot the system, and replace the batteries, although he would not be capable of repairing other technical problems that might occur within the UPS system. The benefit of this would be an improved response time as the service agreement specifies a response within twenty-four (24) hours. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the following: 1. Approve the annual service agreement with EPE for the sum of $6,000 2. Approve the purchase and replacement of the UPS power batteries at the prorated costs of $45 each plus freight for a total not to exceed $2,000 3. Approve the training and travel expense for a staff member to become certified in replacement of batteries and adjust- ing the power charging circuit in the UPS system for im- proved response time. Funds for the above recommendation are available in the E911 budget which was approved by the Board of County Commissioners as well as the Florida Division of Communications. As stated above, the Central Dispatch system must have the back-up capability to continue operations in the event of an external power failure._ 54 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved staff's recommendation, as set out in the above memo. PARTIALLY EXECUTED AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD PROPOSAL FOR ESTABLISHMENT OF SAFETY PROGRAM AND HIRING OF SAFETY COORDINATOR The Board reviewed the following memo dated 12/27/88: TO: Bill Collins, Acting DATE: December 27, 1988 FILE:. County Administrator FROM: Susan M. Tillm Risk Manager SUBJECT: PROPOSAL FOR ESTABLISHMENT OF SAFETY BOARD, ACCIDENT REVIEW BOARD, EMPLOYEE ASSISTANCE PROGRAM AND HIRING OF SAFETY COORDINATOR. REFERENCES: BACKGROUND Prior to a Risk Manager being hired, Indian River County conducted safety committee meetings run by Doug Wright. Areas of greater liability in the County were identified. Work was underway to correct them and safety films were shown to employees. In an effort to continue this program with the goals: A. To reduce the Worker's Compensation losses B. To curb General Liability losses through inspections and loss prevention. Staff proposes to expand the Safety program and seeks funds to do so. As of 11/1/88 Indian River County is self insured for the first $100,000 of all losses. This is a prime consideration in establishing a strong safety and loss prevention program. ANALYSIS It is proposed that the following committees comprise the future Safety Committee for Indian River County: I. Internal Hazards Committee - Inspections of county facilities on a monthly basis for safety hazards and preventative action. 55 ,JAN 31989 BOOK 75 F GE 49 Pr - , JAN ` .ibdJ 5 BOOK j5 FA E 500 II. External Hazards Committee - Inspection of general County property outside main County facilities monthly. III. Accident Review Committee - Group of six general employees who volunteer on a rotating six month term to sit on a committee. Meets once a month or more if necessary to. review all accidents involving County employees. Risk Manager and Safety Coordinator sit as advisors only. Determination made as to fault of employee and recommendations made to Department Heads as to reprecussions. IV. Educational Committee - Keeps the Safety Committee apprised of current safety practices. Runs incentive programs. Distributes awards for safety. Offers safety films, etc. It is further proposed that an Employee Assistance Program be established so that employees with personal and work performance problems may seek assistance as an alternative to suspensions and termination. 411 An Employee Assistance Program would offer employees psychological, drug and alcohol counseling, marital, legal and other types of assistance. The format presently in place in Broward,County is excellent. On page 4 is a skeletal outline. Other•'programs can be developed if this plan is not effective. Finally, staff requests that a Safety Coordinator be brought on board with the following functions: 1. Show safety videos and bring in guest lecturers on various safety practices which warrant attention. 2. Sit as an advisory member of all committees of the Safety Committee. 3. Keep a constant check on the areas of greatest concentration of loss in worker's compensation. Monitor compliance with company safety rules and regulations. 4. Establish a Wellness Program involving employees in various type exercise, diet and medical programs. 5. Follow up on Safety Committee internal and external facility inspections to insure that work is completed. Assure that pertinent state and federal regulations are followed. 6. Prepare monthly reports to the commission on areas of loss and areas of improvement. 7. Prepare program status reports for staff meetings and Safety Board meetings. 8. Develop annual goals and objectives for Safety Program. 9. Conduct annual driver's license checks on all employees who drive for the county. 10. Conduct annual vehicle inspection program so that all county vehicles on the road are safje. 11. Establish fire prevention programs. 12. Develop contingency disaster preparedness plans in concert with office of Emergency Management. 56 44. al On the other hand, it is proposed that the duties of the Risk Manager are as follows: 1. Advise the County Administrator through the Personnel Director about potential risks in t►e planning stage of County projects. The Risk Managgr should be able to analyze the insurance needs and policies of the County; develop and implement methods of controlling risk. 2. Develop safety programs for the different departments of the County and effectively teach these procedures to personnel. 3. Negotiate with brokers for adequate low cost insurance. 4. Administer a self-insurance program. 5. Maintain all records relating to County bonds, property and liability insurance. 6. Review claims against the County. Work with the County Attorney's Office in the disposition of suits. 7. Investigate all accidents and workman's compensation claims involving County employees. File all Notice of Injury forms on Worker's Compensation accidents and all claims forms on property and casualty losses. Analyze liabilities and suggest ways to reduce accidents in the future. 8. Knowledge of federal, state, county insurance regulations. Know•about property, casualty and industrial risk management injury and claims practices, and be able to keep up with current trends. 9. Understand, analyze and interpret financial and stat- istical data. Create and use cost/benefit information in the decision process. 10. The Risk Manager should prepare the Risk Management budget. 11. Prepare risk analyses for the Boar4iof County Com- missioners in the form of monthly and yearly Risk Manage- ment Reports. The Risk Manager should be able to create and maintain an insurance procedures manual, safety directive manual and any other risk related manual as required,written in a clear, concise style. 12. Make oral presentations to the Board of County Commissioners on all safety and loss control matters. 13. Deal with, and resolve conflicts between the public, co-workers, officials, and other County personnel, in a helpful and tactful manner. JAN S `1989 57 BOOK 75 PAUL 501 e ,J`AI\k 3 1989 Presently comprised company. structure BOOK 75 PALE 50, �r Broward County has a Risk Management Department of fifteen individuals plus use of an outside adjusting There are 5,000 employees in Broward County. The of that department 3 Worker's Compensation Adjusters 3 Worker's Compensation Processors Risk Manager, Asst. Risk Manager Safety Coordinator, Asst. Safety Coordinator 2 Safety Officers 3 Secretaries Outside Adjusting company Presently Brevard County has a Risk Management Department comprised of seven individuals. There are 2,800 employees in Brevard County. The structure of that department is: Risk Manager Senior and Junior Safety and Health Officers Loss Control Specialist 3 Claims Specialists Although Broward County has 5,000 employees and Indian River County has only 550, the comparison is shown so that the necessity for loss prevention individuals is shown in addition to a Risk Manager. In order to accomplish the above objectives, monies must be provided as no monies were budgeted for safety in the Risk Management budget for fiscal 88-89. A summary of estimated costs is includes: 1. Micro Computer AT style Color Monitor Software - Lotus, Word Perfect Printer - Laser 2. Two beepers for use by Risk Manager and Safety Coordinator. 3. Safety Coordinator - Includes benefit package + one 5% increase. Base pay 23,146.00. 4. Funds for video rental, safety posters, safety awards, training experts, driver's license checks, driver's school training. VCR and T.V. to conduct safety meetings. $4850.00 $5-00.00 $23,487.00 $15,000.00 5. Dictaphone and Hand Held $250.00 recorder. 58 6. Loss prevention funds so that county property may be repaired immediately. either by inside or outside services, if Risk Manager is convinced there is a critical safety hazard, e.g. potholes, broken fences, trees cut, faulty machinery, unsafe equipment, etc. $20,000.00 Total $64,087.00 Attached is a memo from the Office of Budget and Management outlining the financing arrangement possible for the above. RECOMMENDATION Staff recommends the immediate implementation of the above mentioned Safety Committee, hiring of Safety Coordinator, and implementation of Employee Assistance Program during fiscal year 88-89. The only way however, that a program as outlined will bring benefit to the County is for the Department of Risk Management to be endorsed by the County Commission and given authority to effect loss control actions (which in some cases might mean stopping a job). ALTERNATIVES 1. Delay the above until fiscal 89-90. 2. Have Risk Manager become Safety Coordinator in addition to Risk Manager and have each department set aside funds for safety to be utilized by Risk Manager for all of the above. 3. Adopt staff's recommendation. 4. Purchase only new operating equipment through Revenue Sharing Funds. 5. Purchase both equipment and other items now. 6. Purchase equipment and hire Safety coordinator now. 7. Purchase equipment and fund loss prevention now. ,JAN e9 59 ,JAN Jt$9 BOOK 3 PAH 504 TO: Susan Tillman Risk Manager DATE: December 13, 1988 SUBJECT: RISK MANAGEMENT DEPARTMENT BUDGET AMENDMENT FROM: Joseph A. Bair OMB Director The following is how I would recommend the Budget Amendment be structured. Capital be, purchased from Federal Revenue Sharing utilizing Cash Forward and All Operating Expenses be paid from General Fund Contingencies. I have broken it down below for further review: 1. Capital - Purchase frcn Federal Revenue Sharing Micro Computer/Software $4,850.00 I Beepers 500.00 Dictaphone 250.00 $5,600.00 Revenue BUDGET AMENDMENT.- CAPITAL"" 102-000-389-040.00/Federal Refenue Shar......,,Cash!Forvfard 102-2e 46-513-066.41/Federal Revenue Sharing/ 2. Operating Expenses' Personnel Services Salary ($23,146 x 9/12) Social Security Florida Retirement ' Worker's Caanpensation Insurance. :cure & Equip- = $17,360.00 = 1,304.00 = 2,497.00 185.00 = 2,141.00 Other Operating Supplies - Video, Safety Posters = $15,000.00 Contractual Services = 20,000.00 BUDGET AMENDMENT - OPERATING EXpense 001-246-513-011.12/General 001-246-513-012.11/General 001-246-513-012.12/General 001-246-513-012.13/General 001-246-513-012.14/General 001-246-513-034.82/General Fund/Risk sk Rind/Risk Fund/RiSk Dmtl /Risk Fur /Risk Increase $5,600 $5,600 --' 0 $23,487.00 $35,000.00 $58,487.00 Increase Decrease Management/Salaries Management/Social Sec. Management/FL Retire. Management/Insurance Management/Worker's Coop. Management/Other Prean. Exp. 001-199-581-099.91/Gerheral Fund/Reserve for Contingencies Please call if you have any questions. 60 $17,360 $ 0 1,304 0 2,497 0 2,141 0 185 0 35,000 0 0 58,487 Administrator Collins explained that while Mrs. Tillman recognizes that nothing was budgeted for this fiscal year, she feels it is very important, now that the County has gone to self insurance, to hire a safety coordinator to assist her in implementing a safety program. He felt it was critical that she have the equipment in her office, which is necessary for the office to function, because she has been working with borrowed equipment for a long time now. Although he concurred with the recommendation as to the equipment, he was not sure that the additional personnel in this fiscal year is critical. Commissioner Eggert pointed out that when the risk manager was hired, it was clearly laid out to the Board in regard to the salary assigned to that task, that this was not just a risk manager coming on, but also a safety officer. Commissioner Eggert had a very big problem with any request for an additional person. Secondly, she did not know what kind of equipment EMS Director Doug Wright was using for his safety program, but obviously, he was using something and was being. effective. She felt that we are trying to reinvent the wheel here. Administrator Collins didn't know if we were or we were not, but pointed out that last summer we were fully insured. Commissioner Scurlock recalled that the staff recommendation for setting the salary level was based on the fact that we were hiring an individual who was going to be more than a risk manager, and who had the capability of being the safety manager also. Commissioner Eggert agreed that was the way it was presented to the Board, and emphasized that is the basis on which it was approved. She had very great difficulty with the whole situation right now. Commissioner Scurlock felt there was no question about having a good safety program and that a lot of the things within the recommendation are things that we ought to accomplish. JAN 3 1989 61 BOOK 75 f,, r 505 J A ►N 1989 BOOK 75 FALL 508 However, he did not think the County should be the agency to help employees with their legal or marital problems. He did feel we should help them with physiological, drug and alcohol problems. Commissioner Eggert agreed that there are other agencies to do that sort of thing. What bothers her the most, however, is that certain personnel policies which were discussed last summer are not in place yet. She felt that we have to make sure that the employees know that they can come forward with a drug problem and what process they would go through where they know their job is guaranteed to them. Commissioner Eggert felt that part of this recommendation is very premature as she has not seen any of those policies set out in the personnel procedures. Commissioner Scurlock believed that even some of the most basic safety precautions would reduce injuries. For instance, when he was golfing at Sandridge the other day, he noticed two county employees using weedwhackers. One wasn't wearing shoes and neither were wearing protective goggles. Further, we don't have drop down tailgates and other safety things for loading and off-loading equipment, such as mowers. The City has had those things for years now, and he believed that some of those basic precautions would have an immediate impact on reducing injuries. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Eggert, that the Board direct Mrs. Tillman to be the safety coordinator between now and the end of the budget year, and do those things that are necessary, and give the new Administrator an opportunity to look at this and come back at budget time, with an appropriate way to fund these activities and come up with an overall program, which may or may not include additional employees. 62 Under discussion, Commissioner Bird stated he was not in favor of hiring a safety coordinator at this time, but felt that we should provide Mrs. Tillman with the proper equipment to assist her in implementing the safety program. COMMISSIONERS SCURLOCK AND EGGERT modified their Motion to include the approval of. Budget Amendment #030 for purchase of the equipment requested, less one (1) beeper, at a total cost not to exceed $5,350. Commissioner Scurlock felt we will have accomplished a great deal between now and the end of the budget year if we just get the employees to wear shoes and use the proper safety equipment. Commissioner Bird stated he would support the Motion, but would like to feel that Mrs. Tillman has the opportunity to come back to the Board with a recommendation for specific items that she needs for her supplies. THE CHAIRMAN CALLED FOR THE QUESTION. The modified Motion was voted on and carried unanimously. TO: Members of the Board of County Commissioners FROM: Joseph A. Bair OMB Director SUBJECT: BUDGET AMENDMENT NUMBER: 030 DATE: January 3 1989 Entry Number FundsjDepartment/Account Name Account Number Increase Decrease 1. REVENUE FEDERAL REVENUE SHARING/ Cash Forward 102-000-389-040.00 $ 5,350.00 $ 0 EXPENSE FEDERAL REVENUE SHARING/ Office Furniture & Equipment 102-246-513-066.41 $ 5,350.00 $ 0 Risk Management JAN 3 1989 63 BOOK 75 FAME 5() 7 ,JAN u� E00K 75 F:'CE 5087 TRAFFIC IMPACT FEE CREDIT - SANDPOINTE SUBDIVISION - WIDENING OF A -I -A TWO MILES SOUTH OF 17TH STREET CAUSEWAY The Board reviewed the following memo dated 12/14/88 TO: FROM: SUBJECT: REF. William G. Collins II Acting County Administrator James W. Davis, P.E., Public Works Director Request for Traffic Impact Fee Credit - Widening of SR A1A Two Miles South of 17th Street Causeway - Sandpointe Subdivision Letter: Fred R. Banfield, Carter & Associates to James Davis dated 10-31-88 DATE: December 14, 1988 DESCRIPTION AND CONDITIONS The Florida DOT has required that the developer of Sandpointe Subdivision widen AlA beyond the standard storage/transition length so that a continuous three -lane section would exist between Ocean Ridge Subdivision and Seagrove Subdivision. The result of the DOT's requirements has been an additional cost of $45,801.55 to the developer. At this time, the developer is requesting that the County grant a Traffic Impact Fee Credit for the additional cost. ALTERNATIVES AND ANALYSIS The additional cost of $45,801.55 includes $36,931.55 for additional roadway pavement and $8,870 for incidental work. In the past, such as the Marbrissa Project in Indian River Shores, the County has given the developer a TIF credit for work beyond his project's impact, if the work is on the County's 20 Year Road Plan or if approved by the Board of County Commissioners. In this case, the County's 20 Year Plan include widening of A1A from SR60 to a point three miles south of SR60. This project is just beyond the three mile limit. On Dec. 14, 1988, the Transportation Planning Committee approved this request. RECOMMENDATIONS AND FUNDING Staff recommends that the Board of County Commissioners approve a Traffic Impact Fee Credit of $36,931.55. for this additional work as requested by the developer of Sandpointe Subdivision (100 lots). 64 7O 04 Administrator Collins recalled that this was tabled from the last meeting because he was not convinced that it qualified for an impact fee credit. Subsection E of the ordinance states that the County will give credits if it meets an expansion or a capital road improvement that is shown on the County Thoroughfare Plan or if it provides a capacity expansion. Part of the difficulty is that this is worded wrong. It should say: "Provides capacity expansion not necessitated by the proposed land development activity." If it was necessitated, it would be site related and there should be no credit. Administrator Collins also recommended changing the wording at the end of Subsection 1 from "for" to "and". For instance, if somebody provides a capacity expansion to the county road system, which is not on the capital road network as well, we don't want to give them some kind of impact fee for paving a dirt road out in the middle of nowhere that we don't care about. He felt this was poorly written and that staff should come back with an amendment. However, for this purpose, staff has provided a little sketch, and essentially, Sandpointe has come in and straightened out a road. The cost to them to put in the third lane was more than the impact fee credit they are requesting. They did about $90,000 worth of work, and they are getting a $36,000 credit for the amount of expansion they have provided. Administrator Collins recommended an impact fee credit of $36,931.55 and suggested that staff be authorized to go back in and clear up the wording of the subsection of the ordinance, because the way it reads now, they are entitled to this credit. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved a Traffic Impact Fee Credit of $36,931.55 for Sandpointe Subdivision for additional work, and authorized staff to clean up the wording in the code. 65 JAN 3 1989 ROOK 75 PAGE 5113 ,JAN kib9 BOOK 75 ur,a510 WABASSO CAUSEWAY DREDGING - CHANGE ORDER #1 The Board reviewed the following memo dated 12/16/88: TO: William G. Collins II Acting County Administrator FROM: James W. Davis, P.E., Public Works Director SUBJECT: Change Order No. 1 - Wabasso Causeway Dredging DATE: December 16, 1988 DESCRIPTION AND CONDITIONS The dredging of the Indian River beneath the two western CR510 causeway bridges is complete. In measuring final quantities, the volume of material dredged is 5,600 cubic yards by 500 cubic yards. The attached Change Order No. 1 reconciling the final quantities and increasing the contract amount by $1,500 is attached. ALTERNATIVES AND ANALYSIS The only alternative presented by staff is to recommend approval of Change Order No. 1 and authorize the Chairman to execute the Change Order. RECOMMENDATION AND FUNDING It is recommended that Change Order No. 1 be approved increasing the contract amount by $1,500. Since the work is complete, staff also recommend final payment to the Contractor. Funding to be from a FIND grant in the amount of $50,000 and County Road and Bridge Div. budgeted funds. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved Change Order #1 in the amount of $1,500 and also final payment to the Contractor. Funding to be from a FIND grant in the amount of $50,000 and County Road and Bridge Division budgeted funds, as set out in the above staff recommendation. 66 RECONCILIATION CHANGE ORDER NO. 1 DATED Nov. 1, 1988 OWNER'S PROJECT NO. 8617 ENGINEER'S PROJECT NO. 8617 PROJECT Wabasso Causeway Dredging OWNER Indian River County CONTRACTOR B.R. Marine Const. Inc.CONTRACT DATE July 8, 1988 CONTRACT FOR Dredging services for Wabasso Relief Bridge. NATURE OF THE CHANGE: This is a reconciliation change order to make a final adjustment in the total number of cubic yards dredged. The original estimate was 5100 cubic yards. The final measurement. as determined by the Engineering Division was 5600 cubic yards, a difference of 500 cubic yards. The contract price per cubic yard is $3.00 so that the total additional cost is -500 x 3.00 = $1500.00 The changes result in the following adjustment of Contract price and Time: Original Contract Price Contract Adjustment by previous Change Orders $ -0- Net (Increase) (Decrease) resulting from this Change Order , •I Current Price Including This Change Order. $ 36,000.00 $ 34,500.00 $ 1,500.00 Page 1 of 2 pages Contract Time Prior to this Change Order 40 Calendar Days Net (Increase) (Decrease) resulting from this Change Order 0 Calendar Days Current Contract time including this Change Order 40 Calendar Days The above changes are approved: 41 neer By: Date: //t, AP(P' The above changes are accepted: In@fn RYA C Admin Legal Budget Deo L QIN Plsk Mgr JAN 3 1989 67 ontract By Title: Date: //city ACCEPTED BY: INDIAN RIVER COUNTY, FLORIDA e, Chairman J -3-r7 Date -ZVc BOOK 15 Eta 511 JAW aoov t`.i'�r 512 WAIVER OF FLOODPLAIN CUT AND FILL BALANCE FOR HOSPITAL SERVICE CENTER SUBDIVISION The Board reviewed the following memo dated 12/15/88: TO: William G. Collins II Acting County Administrator THROUGH: James W. Davis, P.E., C.! Public Works Director:�py, FROM: David B. Cox,'C, I, Traffic Engineering Manager SUBJECT: Request for Waiver of Floodplain Cut and Fill Balance for Hospital. Services Subdivision REF. LETTER: Steve Moler, P.E. to Dave Cox dated Dec. 2, 1988 DATE: December 15, 1988 DESCRIPTION AND CONDITIONS Masteller & Moler Associates on behalf of the developer of Hospital Services Subdivision is requesting a waiver of the cut and fill balance requirement of the Stormwater Management and Flood Protection Ordinance 87-12. Hospital Services Center Subdivision received preliminary plat approval on December 15, 1988. It is located on the north side of Barber Avenue directly across from Indian River Memorial Hospital. The project engineer has determined that the volume of the 10 year floodplain capacity of the Indian River will be reduced by 0.007% due to the fill needed to build the subdivision. ALTERNATIVES AND ANALYSIS Since the Indian River in this location is an estuarine environment, and the project engineer has stated that all other design requirements of Ordinance 87-12 will be met and that the resulting rise of the water level in the river will be negligible, staff has no objection. RECOMMENDATION Staff recommends that a waiver to the flood displacement requirement be granted to Hospital Services Center Subdivision. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously granted a waiver of floodplain cut and fill balance for Hospital Service Center Subdivision, as recommended by staff. 68 LANDFILL COMPACTOR BIDS The Board reviewed the following memo dated 12/14/88: DATE: DECEMBER 14, 1988 TO: THRU: FROM: WILLIAM A. COLLINS, III ACTING COUNTY ADMINI'TOR TERRANCE G. PI DIRECTOR OF UTIL SERVICES H.T. "SONNY" DEAN MANAGER OF SOLID DEPARTMENT OF UTILI Y SERVICES TE MANAGEMENT SUBJECT: LANDFILL COMPACTOR BIDS BACKGROUND: On Wednesday, November 30, 1988, bids for the subject piece of equipment were received. We requested quotes in several different ways to give the County an opportunity for the most economical choice of purchase or lease of the machine. Two vendors submitted bids for consideration. They were H.F. Mason Equipment Corporation representing Ingersoll-Rand, and Kelly Tractor Company representing Caterpillar. A synopsis of the bids is as follows: Type Bid -. Total Price Cost/Month INGERSOLL-RAND - LF750 (6) Direct Purchase $275,000 $7,638 Specifications not met: 1. Specified - 3 years or 7,200 hours, which ever occurs first. Offered - 3 years or 6,000 hours on powertrain only. (1) (2) 36 Month Lease Purchase Total Cost of Repairs $87,375 (3) (4) Direct Purchase (5) Net Total Cost of Repairs $87,375 (6) Direct Purchase Only (7) CATERPILLAR - 826c 36 Month Lease Total Cost of Repairs $87,375 36 Month Lease Purchase Guaranteed Buy Back (73,000) Cost of Repairs $87,375 Total Cost of Repairs $87,375 Direct Purchase (inc.bond $1830) Guaranteed Buy Back 36 Month Lease with trade-in allowance of $17,000. Total Cost of Repairs $87,375 JAN 31989 69 $239,940 $304,245 $306,296 $271,493 $273,323 ($73.000) $200,323 $271,493 $222,840 $6,665 $8,451.26 $8,508.23 $7,541.47 $5,564.53 $7,541.47 $6,190.00 Eoo 75 FA E513 (8) 36 Month Lease Purchase with trade-in allowance of $17,000. Total Cost of Repairs $87,375 (9) 36 Month Lease Purchase with trade-in allowance of $17,000. Guaranteed Buy Back Total Cost of Repairs $87,375 Net (10) Direct Purchase with trade-in allowance of $17,000. Total Cost of Repairs $87,375 (11) Direct Purchase with trade-in allowance of $17,000 plus bond of $1,830. Guaranteed Buy Back Total Cost Repairs $87,375 Net (12) Direct Purchase with trade-in allowance of $17,000. Total Cost of Repairs $87,375. BOOK 75 PAL 514 $285,194.52 $7,922.07 $287.245.44 ($73,000) $214,245.44 $254,493 $256,323 ($73,000) $183,323 $254,493 $5,951.26 $7,069.25 $5,092.31 $7,069.25 Please note that the total cost. of repairs does not reflect actual cost anticipated. Caterpillar has used the worst case scenario to ensure no additional investment in that piece of equipment by their company. Based on past history, records from other landfill operation, and the fact we have specified a extended warranty on the machine, staff feels repair costs will not exceed half of the quoted amount. RECOMMENDATION: Staff recommends the purchase of the Caterpillar 826C Landfill Compactor, using Option Number 11 for a total cost of $256,323 with a guaranteed buy back in 3 -years of $73,000 leaving a net cost over the useful life of the machine of $183,323 or $5,092.31 per month. Funds for this purchase will come from the recent bond issue to update the Solid Waste Operations in Indian River County. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved staff's recommendation, as set out in the above memo. EMPLOYMENT CONTRACT BETWEEN IRC AND JAMES E. CHANDLER MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Bowman, that the Board approve the employment contract between IRC and James E. Chandler prepared by Attorney Vitunac. 70 Under discussion, Commissioner Scurlock questioned the termination clause in the proposed contract, and wondered why we are required to give 90 days notice when we are not requiring him to give some notice to us. Commissioner Eggert felt there should be 90 days notice on either side. Attorney Vitunac explained that he wrote it this way because the policy of the Board has been that when somebody decides to resign, they want him out immediately. The Commissioners indicated that they would be satisfied with a 30 -day notice from Mr. Chandler. Attorney Vitunac advised that if Mr. Chandler wanted to stay until the end of the 30 days, the County would pay him for that time, but if the Board allowed him to leave early, we would pay him up until the day he worked. COMMISSIONERS EGGERT and BOWMAN agreed to modify their Motion to include a 30 -day notice from James E. Chandler. 71 ,JAN EOoF 75 F'A,E 515 JAN c6 Jti9 EMPLOYMENT CONTRACT between INDIAN RIVER COUNTY and JAMES E. CHANDLER BOOK 75 PAGE 516 THIS AGREEMENT, dated this 3rd day of January, 1989, by and between INDIAN RIVER COUNTY, FLORIDA TCOUNTY), 1840 25th Street, Vero Beach, FL 32960, and JAMES E. CHANDLER (ADMINISTRATOR), 1315 N. 47th Avenue, Hollywood, FL 33021, WITNESSETH: That for and in consideration of the mutual covenants and other premises contained herein, COUNTY and ADMINISTRATOR agree as follows: 1. EMPLOYMENT - ADMINISTRATORshall be employed as County Administrator for COUNTY for an indefinite term beginning January 9, 1989, and, as ADMINISTRATOR, shall perform the duties listed in §1.1-34 of the Code of Indian River County. 2. SALARY AND BENEFITS - ADMINISTRATOR shall receive a salary of $70,000 per year plus 15 days annual vacation, sick leave benefits, and other personnel benefits as provided for employees in the Personnel Rules and Regulations. ADMINISTRATOR may accrue not more than 30 days vacation, unless the COUNTY Personnel Rules and Regulations are amended to allow for more accrual. In advance of each new fiscal year, COUNTY and ADMINISTRATOR shall discuss ADMINISTRATOR's performance and mutually agree on any salary increase, which increase shall become effective October 1st of each year. 3.- CAR ALLOWANCE - ADMINISTRATOR shall be authorized a car allowance in the amount of $275 per month, or any higher amount as may be established by the COUNTY, and shall receive out -of -county mileage pursuant to the standard COUNTY policy. 4. PENSION - If it becomes legally possible to do so, COUNTY shall cooperate with ADMINISTRATOR in having ADMINISTRATOR's pension rights earned during this contract transferred from the Florida Retirement System (FRS) to the ICMA Plan; provided that the cost of any such transfer shall not exceed the cost to the COUNTY under the FRS. 5, MOVING COUNTY agrees to pay reasonable moving expenses for AbMINTSTRATOR's household goods. ' 6. TERMINATION - This contract may be terminated by ADMINISTRATOR at any time and for any reason by resignation and after 30 days written notice, in which case ADMINISTRATOR will be paid through the last day worked, or by the COUNTY at any time and for any reason by giving ADMINISTRATOR 90 days notice. If §1-33(d) of the Indian River County Code is still An effect at the time of 'giving notice of termination, the procedures of §1-33(d) shall be followed except that there shall be at least 90 days between the adoption of the first resolution 'asking for the removal of ADMINISTRATOR and the date of final removal. IN WITNESS WHEREOF, the undersigned parties have set their hands and seal on the date first above written. `C Rin^12),DLv k Witness Witness BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By C L 3).x,e..�-. 72 hairman (Seal) --5AM€S r. AMUR Administrator APPROVED A3 TO FOI*4 AND LEGAL SUFFICIENCY.: Charles P. Vilunac ,County A1torfley RESOLUTION AUTHORIZING CLERK OF COURT TO TRANSMIT COUNTY FUNDS TO THE STATE BOARD OF ADMINISTRATION'S INVESTMENT POOL The Board reviewed the following memo dated 12/28/88: TO: Members of the Board of County Commissioners DATE: December 28, 1988 SUBJECT: RESOLUTION AUTHORIZING CLERK OF COURT TO TRANSMIT COUNTY FUNDS TO THE STATE BOARD OF ADMINISTRATION'S INVESTMENT POOL FROM: Joseph A. Baird OMB; Director ' nfI n. .1 c I`: ,I) '7L �• iy iai'( r DESCRIPTION AND CONDITIONS The State Board of Administration requires the Board of County Commissioners pass a resolution authorizing the Clerk of Court to open account with the State Board of Adminstration and to transmit County funds to the State Board of Administration's investment pool. We currently have a resolution in place allowing Freda Wright to transmit funds to the State Board of Administration; however, Jeffrey K. Barton has been elected the Clerk of Court effective January 1989. The attached resolution authorizes the new Clerk of Court, Jeffrey K. Barton, to transmit funds. RECOMMENDATION Staff recommends the Board of County Commissioners approve the attached resolution. JAN 3 1989 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously adopted Resolution 89-1, authorizing the Clerk of the Court to open an account with the State Board of Administration and to transmit county funds to the State Board of Administration's Investment Pool. 73 75 BOOK l';,E 517 JAN X989 ma 75 F4 518 RESOLUTION NO. 89 - 1 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CLERK OF THE COURT TO OPEN AN ACCOUNT WITH THE STATE BOARD OF ADMINISTRATION AND TO TRANSMIT COUNTY FUNDS TO THE STATE BOARD OF ADMINISTRATION'S INVESTMENT POOL. WHEREAS, Indian River County from time to time has funds on hand in excess of current needs; and WHEREAS, it is in the best interest of the citizens of Indian River County that funds be invested in such a manner as to yield the highest return possible consistent with proper safeguards for the handling of government funds, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. Jeffrey K. Barton, Clerk of the Court of Indian River County, Florida, is hereby designated custodian of County funds and authorized to transmit such funds to the State Board of Administration, or invest such funds in such a manner consistent with the best interest of the citizens of Indian River County and pursuant to the directions of the Board of County Commissioners. Furthermore, the Clerk is authorized to withdraw funds from the State Board of Administration or other investment account in the name of Indian River County by giving timely notice together with confirmation by letter executed by the clerk and the Budget Officer or other County employee designated by the Board of County Commissioners. 2. This authorization shall be continuing in nature until revoked by the Indian River County Board of County Commissioners. The foregoing resolution was offered by Commissioner Eggert who moved its adoption. The motion was seconded by Commissioner Scurlock and, being put to a vote, the vote was as follows: 73a Chairman Vice Chairman Commissioner Commissioner Commissioner Gary C. Wheeler Carolyn K. Eggert Margaret C. Bowman Richard N. Bird Don C. Scurlock, Jr. Aye Aye Aye Aye Aye The Chairman thereupon declared Resolution No. 89-1 duly passed and adopted this 3rd day of January, 1989. Attest: CLERK BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: RESOLUTION DIRECTING COUNTY DEPOSITORIES HONOR CERTAIN AUTHORIZED SIGNATURES ON COUNTY WARRANTS AND OTHER ORDERS FOR PAYMENT The Board reviewed the following memo dated 12/28/88: TO: Members of the Board of County Commissioners DATE: December 28, 1988 SUBJECT: RESOLUTION DIRECTING COUNTY DEPOSITORIES HONOR CERTAIN AUTHORIZED SIGNATURES ON COUNTY WARRANTS AND OTHER ORDERS FOR PAYMENT FROM: Joseph A. Baird OMB Director DESCRIPTION AND CONDITIONS The attached resolution directs county depositories to honor certain authorized signatures on county warrant and other orders for payment. RECOMMENDATION Staff recommends the Board of County Commissioners approve the attached resolution. 74 ,JAN 3 1989 COCK. 75 FAIR 519 JAM GOOK toy D,520 5?0 urT1QN by Commissioner Scurlock, SECONDED by CidtrimiTsAatner Bird, the Board unanimously adopted ikersgtizati,on 89-2, directing county depositories to honor caRirIdliav authorized signatures on county warrants and kottl r +waders for payment . RESOLUTION NO. 89- 2 11::j k ION OF INDIAN RIVER COUNTY, FLORIQA, OPRECTTNG COUNTY DEPOSITORIES TO HONOR CERTAIN fAl iTIME f171Fi D SIGNATURES ON COUNTY WARRANTS AND OTHER (ORDEFE MUIR PAYMENT. WIMERESS, the Board of County Commissioners of Indian Wwwm ,,r mtr on January 3, 1989, held an election for the miff:Hews cuff Chairman and Vice Chairman of the Board of County C nci%s;iiiwcros; and WIRMZEra, the County Commission did nominate and select ais; Chmirmmml, Gary C. Wheeler and as Vice aii►rrrta�n,, Carolyn K. Eggert ; and WWliEREM,, Jeffrey K. Barton was elected Clerk of the CClannuirty. Corot. of Indian River County effective December 31, 11!9W,, am& aJ:s.o serves as a Clerk to the Board of County rr+fia i,ome5rsA pursuant to Section 125.167, Florida Sito mtx , am Janice Randall was appointed Deputy Clerk on .gailmuway 1 T373; MIREVEAS, it is now necessary to reinstruct the County's darms14taTrbes as to the signatures necessary to honor County m€ rts,, checks, or other orders for the payment of money s-rmv iii , the Commission's name, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY EiNalISSIIONEERS OF INDIAN RIVER COUNTY, FLORIDA, that: A., The County Commission has in the past designated icaltrtmEim fammkHng institutions as official -depositories of CilauTtw. fNurdh,, and such designations are hereby ratified and off k'f ii rmt.. 75 2. Each designated depository of the Commission is hereby requested, authorized, and directed to honor checks, warrants, or other orders for the payment of money drawn in the Commission's name, including those payable to the individual orders of any person or persons whose name or names appear thereon, when bearing the facsimile signature of the Clerk of the Circuit Court, when said check, warrants, or other orders for the payment of money equals or does not exceed the sum of three thousand dollars ($3,000). 3. If a check, warrant, or other orders for the payment of money drawn in the Commission's name exceeds the sum of three thousand dollars ($3,000), said designated depositories are authorized and directed to honor checks, warrants, or other orders for the payment of money drawn in the Commission's name, only when such check, warrant, or other orders for the payment of money bears the facsimile signature of the Chairman and Clerk of the Circuit Court and further bears the original signature of either the Chairman, Vice Chairman, Clerk of the Circuit Court, or Deputy Clerk, listed below. Said actual and facsimile signatures appear below: (1) Jeffrey K. Barton Clerk of the Circuit Court (2) Janice Randall Deputy Clerk (3) Gary C. Wheeler Chairman (q) Carolyn K. Eggert Vice Chairman ,JAN 1989 76 AZ -Di �1� , u/i,,� e. Actual,' acsi ctuaI,- acsie BOOK 75 Pr:521 ,JAN -w139 BOOK 75 PAGE 522 BE IT FURTHER RESOLVED that the above-named signatories are hereby authorized to execute any and all signature cards and agreements as requested by the respective banking institutions designated as official depositories by the Board of County Commissioners of Indian River County; and BE IT FURTHER RESOLVED that the use of facsimile signatures is as authorized by Section 116.34, Florida Statutes, the `"Uniform Facsimile Signature of Public Officials Act." The resolution was moved for adoption by Commissioner Scurlock , and the motion was seconded by Commissioner Bird and, upon being put to a vote, the vote was as follows: Chairman Gary C. Wheeler Aye Vice -Chairman Carolyn K. Eggert Aye Commissioner Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye The Chairman thereupon declared the resolution duly passed and adopted this 3rd day of January, 1989. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA 77 By DISCUSSION REGARDING ONE -CENT SALES TAX Commissioner Scurlock explained that because of his mother being ill at this time, he did not feel he would be able to make the same number of speaking engagements to educate the public on the necessity of the additional one -cent sales tax and the alternatives to fund the various capital improvement projects. He requested some assistance, and the Commissioners indicated that they would be glad to help out. Chairman Wheeler advised that he had suggested to OMB Director Joe Baird that he pin down that the municipalities in the county are in full agreement and are backing this sales tax. Perhaps, we may want to place a notice in the newspaper inviting residents to attend the Commission and City Council meetings when this matter is discussed. He also liked Commissioner Scurlock's suggestion of holding a public meeting at the high school or Riverside Theater where we would have a question and answer period run by representatives from the County Commission and members of the various city councils. JAN 3 1989 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously authorized Chairman Wheeler to make the necessary contact with the municipalities to negotiate their positions on the one -cent sales tax issue. 78 ROOK 75 FALE 523 A 1989 BOOK. 75 F' [ 524 EMS FINANCING The Board reviewed the following memos dated 12/22/88 and 11/30/88: TO: Board of County DATE: December 22, 1988 FILE: Commissioners SUBJECT: EMS Financing FROM: Carolyn K. Eggert REFERENCES: County Commissioner The attached sheet of funding alternatives for the County ALS (and BLS) systems has been prepared by Charles Vitunac. Indian River Shores prefers the_ Special Assessment District to avoid dual taxation. I request that the Board of County Commissioners give us direction as to the preferred method of financing under the County Plan to make up the difference between insurance collected and cost of EMS service. A detailed budget and a detailed financing plan will be brought back to the Board of County Commissioners for final approval along with methods of handling insurance claims. TO: Comn3ssioner C.rolyn K. Eggert FROM: Charles P. i tufac , County Attorney DATE: November 30, 1988 (dictated 11/23/88) RE: FUNDING ALTERNATIVES FOR POSSIBLE COUNTY PROVISION OF BASIC AND ADVANCED LIFE SUPPORT SERVICES - COUNTYWIDE You asked me to prepare a list of funding alternatives for having the Board of County Commissioners provide basic and advanced life support services for all or part of ihdian River County. There are three sources of revenue available to the Board of County Commissioners: (1) ad valorem taxes, (2) special assessments, and (3) service charges. There are four jurisdictions in which the Board may wish to spend these revenues, i.e., unincorporated area only, cities only, part unincorporated area/part city but less than all county, and the entire county. Finally, there are three financing entities available to the Board to provide the services, i.e., the general fund, municipal services taxing or benefit units ("MSTU"s or "MSBU"s), and special taxing -or assessment districts. (1) The following chart indicates the financing entities and . jurisdictions in which ad valorem taxes can be raised: 79 General AD VALOREM TAXES Fund MSTU Unincorporated area only No Yes1 C i.ty only No Part unincorporated Special Tax District No No No area/part city but less than all county No No Yes2 All county Yes No Yes The MSTU may contract with municipalities. 2•A referendum approving millage is required, as is approval by all cities. (2) The following chart indicates the financing entities and jurisdictions in which special assessments can be raised: SPECIAL ASSESSMENTS Unincorporated area only City only Part unincorporated area/part city but less than all county All county General MSBU . Fund Yes Yes No No No No No No Special Assessment District No No Yes4 Yes4 3 The MSBU may contract with the cities. 4 Approval of all cities by ordinance is required. (3) Finally, SERVICE CHARGES against system users may be used by the Board whiji charges could fund the emergency medical services entirely or in part. Also, the service charge can be used in conjunction with ad valorem taxes or special assessments. Commissioner Eggert advised that since Indian River Shores has an ALS system within their public safety system, they would prefer a special district because they then would have the option of not undergoing dual taxation and because they could withdraw from the district. She just wanted to know the Board's feelings on this and also their feelings on Brevard County's ordinance which is a special district ordinance. Commissioner Scurlock had a concern in that we already have a number of special districts within the county, of which one is 80 BOOK 7 r frA L�I, BOOK 75 u,526 the SCFD. Since there is a 3 -mill cap within the SCFD, he questioned just what the mix should be or how we account for that resource being taxed from that fire district, which includes everything except the North County Fire District. He didn't want to throw a stumbling block, but he wondered how that all mixes and what would be fair. Commissioner Eggert felt that we are looking at a relatively small use for this next year, and how it expands depends on how and where the population expands and what our needs are in the future. Attorney Vitunac pointed out that there wouldn't be a dual taxation problem if the County took away the Certificate of Convenience from Indian River Shores. Commissioner Scurlock suggested that instead of creating another special district that we try to pursue using the existing special districts as the funding mechanism. We have the South, North and West County Fire Districts. The South County Fire District has a 3 -mill cap, which is not a problem, and if there is acceptance in the north county, you have an ability for an expanded millage which is now at one mill. Perhaps this would be a good time to improve and expand the existing districts. Chairman Wheeler pointed out that we would have to hold a referendum to have the North County Fire District increase their millage. Commissioner Eggert was hearing that the Board does not want to fund ALS through ad valorem taxes, if at ail possible. She felt it has to be made very clear, however, that even though it may be funded under the fire districts, it will be totally controlled by the County. She believed there might be that political problem. Commissioner Bird understood then that those 3 taxing districts would encompass all of Indian River County with the exception of the Town of Indian River Shores, and asked what 81 vehicle would be used if at sometime Indian River Shores decided to become a part of the ALS system. Commissioner Scurlock explained that we could expand the district in that case. He felt that before we ask the North County to approve an increase in their millage cap, we should establish a budget and identify how much money we have to raise. There is also the option of using user fees. Basically, we would be deciding on a level of service and the ability to pay. Each of the 3 districts would contribute to the overall budget in some proportionate manner. Commissioner Eggert felt it would be a good thing to look at, and that they would bring it back to the Board with what it would be with a special assessment and what it would be under the fire districts. Commissioner Eggert pointed out that with Doug Wright taking on the ALS administrative responsibilities, his job description would change significantly, and hoped that the Board and Personnel would look at that and come up with what is fair. Administrator Collins advised that they are in the process of doing that now. Commissioner Eggert reported that Director Wright and Attorney Vitunac have prepared an ALS proposal that is to go to the hospital board. She understood that Michael O'Grady is eager for a smooth transition with the paramedics and has suggested that the County take over ALS by February 1, 1989. We are trying to negotiate with the hospital district for the transfer to the County of the tax money that already has been collected for 1988-89. CLOSING OF 22nd STREET BETWEEN 15TH AND 17TH AVENUES The Board reviewed the following letter dated 12/20/88: 82 JAN '00 [km.. 75 527 ,JAN 3 1989 1• City of Vero Beach 1035 - 20th PLACE - P. O. BOX 1389 VERO•BEACN, FLORIDA - 32961-1389 Telephone: 567-5151 Onset Or Trot CITY MANAOt11 Commissioner Carolyn K. Eggert Board of County Commissioners 1840 25th Street Vero Beach, F1 32960 Re. Closure of 22nd Street. ". Dear Commissioner Eggert: A ta526Pieg, Ici UEC l e88 nr-cellrro w COM^RtSSIr Set0f1 ��C MMNEMS 4et ItO' LOOT 75 FAu.5 S Attorney Personnel Public Works Community Dev. Utilities Finance December 2011e4988 Your letter to Mayor Macht re the closure of 22nd Street has been referred to my office for response.' I regret that an immediate response is not possible. Our procedures for street abandonment are as follows: 1. The applicant fills out an application for Abandonment of Right -of -Way and pays the.appropriate fee. In this instance, the fee will be waived. I will process the application based on your letter.to the Mayor, unless I hear an objection_•from you to this methodology. 2. The application will be routed through each department head, Southern Bell TAT and Florida Cablevision for comments and/or objections. When this procedure is complete, if there are no obstacles, the matter is placed before the City Council for approval and a Public Hearing. If there are objections/obstacles, a meeting is scheduled with the applicant in an attempt to resolve the problem areas. If this cannot be done, the request is denied at the Staff level unless the applicant appeals to•Council. Most of the City streets are held in trust. not fee simple. Thus, if a street ceases to function as a public right-of-way, itwould be considered abandoned and the title to the right-of-way would revert to the abutting property owners on each side of the street. I believe permanent closure would constitute an abandonment and thus would re- quire treatment as such. I will refer this question to the City Attorney for a ruling. In the interim, we will proceed to process your request. Very truly yo fzs, JVL:emo cc: City Attorney, Mayor Macht, Walter Young E. Odorico (w/encl.) • 4.1V. Little • City Manager "City of Beautiful Beaches" Commissioner Eggert recalled that this matter was discussed at the recent joint meeting with the Vero Beach City Council, wanted to know if the Board had any objections because she is the processing of getting the road closed. She explained that the planning consultant for the Courthouse proposed that this 83 and in street be used eitherfor parking or for a promenade connecting the new courthouse to the new library. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Eggert, that the Board authorize Commissioner Eggert to request that the City of Vero Beach approve the closing of 22nd Street between 15th and 17th Avenues. Under discussion, Commissioner Bird asked if we have a map or a drawing of what we are planning there, and Commissioner Eggert advised that the architect for the library will have a plan soon. Commissioner Bird stated that he would vote for the Motion, but would like to see them come back to the Board with its intended use. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. COMMITTEE APPOINTMENTS/REAPPOINTMENTS After reviewing the list of committees and incumbents to those committees, the Board approved their reappointments by one Motion, with the exception of the Planning & Zoning Commission, where Commissioner Scurlock suggested readvertising for a representative of District 3. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Eggert, the Board unanimously reappointed the incumbents of the committees as set out in the following list, with the exception of the Planning and Zoning Commission for which they directed staff to readvertise for a representative of District 3. 84 LJAN 3 1989 MI 75 f'.{, E 529. r JAN 3 1989 BOOK I) PAGE 5:30 COMMITTEE APPOINTMENTS/REAPPOINTMENTS A. BOARD OF ZONING ADJUSTMENT (2 year term) Present Incumbent: Fred Plair (District 3) B. BUILDING CODE BOARD OF ADJUSTMENTS (4 year term) Present Incumbents: John Calmes Paul Jacobi Russell Trimm C. ECONOMIC OPPORTUNITIES COUNCIL (1 year term) Present Incumbents: Vacancy (District 5) Carol Petersen (District 3) Freddie Woolfork (District 2) Theodore Smith (District 1) Vacancy (District 4) D. FINANCE ADVISORY COMMITTEE (2 year term) Present Incumbents: Harold Putnam William 0. Jordan erF E. INDIAN RIVER COUNCIL ON AGING (1 year term) Present Incumbent: Margaret C. Bowman F. LIAISON BETWEEN COUNTY AND EMERGENCY MANAGEMENT (1 year term) Present Incumbent: Carolyn K. Eggert G. LOCAL ENERGY MANAGEM2NT (1 year term) Present Incumbent: Doug Wright H. NORTH COUNTY FIRE ADVISORY BOARD (1 year term) Present Incumbent: Gary C. Wheeler I. NORTH COUNTY FIRE DISTRICT BOARD (1 year term) Present Incumbents: Gary C. Wheeler Richard N. Bird J. OVERALL EXTENSION COMMITTEE (2 year term) Present Incumbents: Vacancy (District I) Kathryn F. Dean (District 2) Vacancy (District 3 - expires 1990) K. PARKS AND RECREATION COMMITTEE (1 year term) Present Incumbents: Richard N. Bird Michael Wodtke Leroy Hiers George Schum John McDonald (New Appointment) Valarie Brant Jean Carter Pat Callahan 85 COMMITTEE APPOINTMENTS/REAPPOINTMENTS - CONTINUED L. PLANNING AND ZONING COMMISSION (4 year term) Present Incumbents: Daniel G. Downey Jr. (District 5) Ruth Stanbridge (District 1) Leland Gibbs (District 3) M. PUBLIC LIBRARY ADVISORY BOARD (4 year term) Present Incumbents: Patrick B. Lyons Jean Versteeg John Holmes Donna Green N. REGIONAL ENERGY MANAGEMENT (1 year term) Present Incumbent: Doug Wright O. SOUTH COUNTY FIRE ADVISORY BOARD (1 year term) Present Incumbent: Daniel Richey P. TOURIST DEVELOPMENT COUNCIL (4 year term - expires December 31) Present Incumbents: Vernon Krause Sam Pascal Paul Kelley Richard Bireley Jr. Q. TRANSPORTATION PLANNING COMMITTEE (1 year term) Present Incumbents: Margaret C. Bowman Hoyt Howard George Metcalf A. J. Todd, Jr. W. T. Clark (Alternate for A. J. Todd - new appt) Joe Washington Walter Jackson Lee Johnston R. VERO BEACH RECREATION COMMITTEE (1 year term) Present Incumbent: Richard N. Bird 86 JAN 3 it$9 BOOK 75 PAU. 531 JAN 3 1999 BOO( 75 ME 532 There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 11:00 o'clock A.M. ATTEST: Clerk 87