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HomeMy WebLinkAbout4/4/1989The Board of County Commissioners of Florida, met in Regular Session at the Co Chambers, 1840 25th Street, Vero Beach, FI April 4, 1989, at 9:00 o'clock A.M. Pres: Wheeler, Chairman; Carolyn K. Eggert, Vic: Bird; Margaret C. Bowman; and Don C. Scurl were James E. Chandler, County Administra II, Assistant County Attorney; and Virgini Clerk. The Chairman called the meeting to o John Simon, Pastor, First United Met Tuesday, April 4, 1989 Indian River County, my Commission orida, on Tuesday, nt were Gary C. Chairman; Richard N. ock, Jr. Also present or; William G. Collins, a Hargreaves, Deputy der. odist Church gave the invocation, and Commissioner Bird led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS The Chairman asked for any additions to the Agenda, and there were none. He advised that the County Attorney's Office had requested that Item 9G(2) - Purchase o Beatrice Holland Property - be moved to Item 13A Special Di_tricts so that it could be addressed at a meeting of the Solid Waste Disposal District Board. APR 41989 ON MOTION By Commissioner Eggert, S CONDED by Commis- sioner Bird, the Board approved the moving of Item 9G(2) to 13A under Special Districts. a0OF 485 APR 41989 CONSENT AGENDA BOOK 76 F c[ 486 A. Minutes of Regular Meeting of 3/14/89 The Chairman asked if there were any additions or correc- tions to the Minutes of the Regular Meeting of March 14, 1989. There were none. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bowman, the Board unanimously approved the Minutes of the Regular Meeting of March 14, 1989, as written. B. Amend Elections Budget The Board reviewed memo from Ann Robinson, Supervisor of Elections: March 28, 1989 TO: HON. GARY C. WHEELER, CHAIRMAN, BCC /lied FROM: ANN ROBINSON, SUPERVISOR OF ELECTIONS RE: ITEM FOR CONSENT AGENDA OF BCC ON APRIL 4, 1989 The municipalities have sent checks to pay me for their share of the March 14 election expenses. These four checks were deposited to the BCC revenue account from the municipalities: City of Fellsmere Town of Indian River Shores City of Sebastian City of Vero Beach $ 239.40 658.70 1,785.35 3,750.60 $6,434.05. Please amend the elections budget in Special Election Expense, account 001-700-519-036.74, to add $6,434. Thank you. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bowman, the Board unanimously authorized amending the elections budget as requested by the 'Supervisor of Elections and described above. 2 C. Final Plat Approval - Hidden Oaks Subdivision The Board reviewed memo from Staff Planner Wiegers: TO: James E. Chandler County Administrator DIVISION HEAD CONCURRENCE: THROUGH: Stan Boling, AICP Chief, Current Development 1 FROM: Robert E. Wiegers Staff Planner, C ent Development DATE: March 9, 1989 SUBJECT: FINAL PLAT APPROVAL FOR THE HIDDEN OARS SUBDIVISION It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 4, 1989. PROPOSED DEVELOPMENT AND LOCATION: Hidden Oaks Subdivision is a proposed 25 lot subdivision of a ±10 acre parcel of land located north of 1st Street S.W. and immediately east of the Woodlands Subdivision. The subject property is zoned RS -6, Single -Family Residential (up to 6 units/ acre), and has an LD -2, Low Density Residential (up to 6 units/ acre) land use designation. Hidden Oaks Subdivision: Project Area: ±10 acres Number of Lots: 25 Lot Sizes: ±.29 to ±.50acres Proposed Density: ±2.5 units/acre At its regular meeting of June 23, 1988, the Planning and Zoning Commission granted preliminary plat approval and the owner, James P. Young, as trustee, is now requesting final plat approval and has submitted: 1. a final plat substantially in conformance with the approved preliminary plat; 2. a certified cost estimate for the warranty maintenance agreement; 3. a warranty maintenance agreement for 25% of the total cost of publically dedicated improvements (road, drainage easements, utilities, etc.); 4. a letter of credit guaranteeing the warranty maintenance agreement; 5. a certified cost estimate for construction of remaining required sidewalk improvements; 3 APR 41989 BOOK 70 F"GE 487 Pr" APR 41999 800K 76 FACE 488 6. a contract for construction of remaining required sidewalk improvements; and 7. a letter of credit guaranteeing the contract for construction of remaining required sidewalk improvements. • ANALYSIS: 1. Utilities: The Environmental Health director has approved the use of individual septic systems for the proposed lots, and water service will be provided by Indian River County. 2. Public Works: The county Public Works and Utilities Depart- ments have verified that all required improvements have been constructed in accordance with the approved County Land Development Permits and that the warranty maintenance agreement is satisfactory. Section 10(E)3 of the County Subdivision Ordinance gives the Board of County Commissioners "the discretion to grant the applicant a two-year period, after final inspection of subdivision improvements, to construct sidewalks if the applicant posts construction security in the amount of one hundred and fifteen (115%) percent of the construction costs". The Public Works Department has verified that the submitted cost estimate for the future installation of required sidewalks is sufficient. 3. County Attorney:- The County Attorney's office has reviewed and approved the submitted warranty maintenance agreement and supporting letter of credit, as well as the contract for construction of remaining required sidewalk improvements and supporting letter of credit. All applicable requirements regarding final plat approval have been satisfied. RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final plat approval to the Hidden Oaks Subdivision; accept the submitted warranty maintenance agreement and letter of credit, and the contract for construction letter of credit; and authorize the Chairman of the Board to execute the submitted contract for construction of required improvements. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bowman, the Board unanimously granted Final Plat Approval to Hidden Oaks Subdivision; accepted the warranty maintenance agreement and letter of credit; and authorized the Chairman to execute the contract for construction of required improvements. COPIES OF ABOVE DOCUMENTS ON FILE IN THE OFFICE OF CLERK TO THE BOARD. 4 D. Final Plat Approval - Oyster Bay Subdivision The Board reviewed memo from Staff Planner Wiegers: TO: James E. Chandler County Administrator DIVISION HEAD CONCURRENCE: Robert M. Keatin , AI Community Developmen irector THROUGH: Stan Boling, AICP Chief, Current Development FROM: Robert E. Wiegers Staff Planner, Current Development DATE: March 22, 1989 SUBJECT: FINAL PLAT APPROVAL FOR OYSTER BAY SUBDIVISION It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 4, 1989. DESCRIPTION AND CONDITIONS: Oyster Bay Subdivision is a 33 lot subdivision of a ±13.5 acre parcel located on the west side of S.R. A -1-A south of Seminole Shores Subdivision. The subject property is zoned RS -3, Single Family Residential (up to 3 units/acre) and has an LD -1, Low Density Residential (up to 3 units/acre) land use designation. Oyster Bay Subdivision: Project Area: ±13.5 acres Number of Lots: 33 Lot Sizes: ±.25 acres Proposed Density: ±2.5 units/acre On October 8, 1987, the Planning and Zoning Commission approved the preliminary plat for the subdivision. On June 7, 1988, the Board of County Commissioners voted to accept a $7,400 donation to the park development fund in lieu of requiring a 15' wide public access easement across the site to the ocean. The owner, Salama Development Corporation, is now requesting final plat approval and has submitted the following: 1. a final plat substantially in conformance with the approved preliminary plat; 2. a certified cost estimate for the construction of the required 8' bikepath along the project's A -1-A frontage; 3. a contract for construction of the required 8' bikepath; 4. a cash deposit and escrow agreement guaranteeing the contract for construction; and 4. a check in the amount of $7,400.00 to satisfy the public access requirement. 5 APR 4 1989 BOOK . i6 f'AGE 489 APR 4 989 BOOK s 6 [,,GE 490 ANALYSIS: 1. Utilities: The subdivision will receive water and sewer service from the City of Vero Beach Utilities Department. All utility infrustructure has been constructed, inspected and approved by the City Utilities Department. 2. Public Works: The County's Public Works Department has verified that all required improvements have been constructed in conformance with the approved County Land Development Permit. 3. Attorney's Office: The County Attorney's office has reviewed and approved the submitted contract for construction of required improvements and the cash deposit and escrow agreement which guarantees the contract. All applicable requirements regarding final plat approval have been satisfied. RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final plat approval to the Oyster Bay Subdivision, authorize the Chairman of the Board to execute the submitted contract for construction of required improvements, and accept the cash bond and escrow agreement. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bowman, the Board unanimously granted Final Plat Approval to Oyster Bay Subdivision; accepted the cash bond and escrow agreement; and authorized the Chairman to execute the contract for construction of required improvements. COPIES OF SAID DOCUMENTS ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD. SHERIFF's DEPARTMENT FIRING RANGE - 4TH St. & 74th AVE. It was noted that no one from the Sheriff's Office was present. Administrator Chandler advised that a representative from the Sheriff's Office was supposed to be here regarding this item, and the Board agreed to hold the item over until the Sheriff's representative arrives at the meeting. 6 NAME CHANGE - FELLSMERE MANAGEMENT CO. WATER & SEWER UTILITY FRANCHISE TO SUN AG, INC., WATER & SEWER UTILITY FRANCHISE 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 Cotinty, Florida 1 COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath sags 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 144) • in the matter of ,-4-44,4r-1Xlle6 ed in the Court, was pub- Iished in said newspaper in the issues of 7,44.Cv ..;?•a /10 • Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida. and that the said newspaper has heretofore been continuously: published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this day of � (/< A D 19 .57% (SEAL) IJP Businesst�� (C ours, ;nut dn R PUBLICNOTICE.:�:. `.• Notice is hereby given that the Board of County Commissioners of Indian River County will hold a Public Hearing on Tuesday. April 4..1689.. at 9:05a.m., In the Commission Chambers of the County- Administration.. Bui11840 25th Street 'Vero Beach. Florida;° to discuss . the name change of the Fellsmere Management Company' Water and Sewer Utility Fra eh to . the Sun Ag. Inc., Water•pnd.Sewer,UttlIH1Htv Fran-. Chise. 'r•:+�"„i:i+, "i'i•libi4'..r'!r.. .. All interested parties are Invftea Walter's the Public Hearing, and a9 consorts wishing 10 epealt will be given an opportuniy to do so loll brief presentation by CouunnttrhUtilities !toff. .: Dated this 20th of ,1989.:•'• • . BOARD OrCOUNTY COMMISSIONERS' INDIAN RIVER COUNTY::;ci .}.. GARY WHEELER .' .g* 1' 1,, CHAIRMAN :.rL tt�` March 23.1989'. ,; "ziA . The Board reviewed the following memo from the Director of Utility Services: 7 APR 4 1989 t400K ��, PAGE 491 APP - 4 1989 BOOK 76 F,EE 49,E DATE: MARCH 15, 1989 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILITY SERVICES SUBJECT: NAME CHANGE OF FELLSMERE MANAGEMENT COMPANY WATER AND SEWER UTILITY FRANCHISE TO SUN AG, INC., WATER AND SEWER UTILITY FRANCHISE PREPARED AND STAFFED BY: CINDY E. WHITE C FRANCHISE COORDINATOR DEPARTMENT OF UTILITY SERVICES BACKGROUND In 1975, the Board of County Commissioners of Indian River County granted a 40 -year franchise to Gulf + Western Industries, Inc. Since that time, the Company has transferred ownership to Fellsmere Management Company and changed its franchise name to Fellsmere Management Company Water and Sewer Franchise. The Fellsmere Management Company is legally filed as a fictitious name for Sun Ag, Inc., with Indian River County. They have now requested that their water and sewer utility franchise name be changed to Sun Ag, Inc., Water and Sewer Utility Franchise. ANALYSIS This Department has reviewed the documents required by the County to change the name of a franchise and feels the owner has provided adequate information for the approval of this request. RECOMMENDATION The Department of Utility Services has no objection with changing the franchise name from Fellsmere Management Company Water and Sewer Franchise to Sun Ag, Inc., Water and Sewer Utility Franchise, and requests that the Board authorize the Chairman to sign the attached Resolution. The Chairman asked if anyone present wished to be heard. There were none, and he thereupon declared the public hearing closed. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously adopted Resolution 89-32 authorizing changing the name of Fellsmere Management Co. Water & Sewer Utility Franchise to Sun Ag, Inc., Water & Sewer Utility Franchise. 8 RESOLUTION NO. 89- 32 A RESOLUTION OF INDIAN RIVER COUNTY APPROVING THE NAME CHANGE OF FELLSMERE MANAGEMENT COMPANY WATER AND SEWER UTILITY FRANCHISE TO SUN AG, INC., WATER AND SEWER UTILITY FRANCHISE. WHEREAS, FELLSMERE MANAGEMENT COMPANY WATER AND SEWER UTILITY FRANCHISE has made application to the Board of County Commissioners of Indian River County, Florida, for approval of name change to SUN AG, INC., WATER AND SEWER UTILITY FRANCHISE; and WHEREAS, the Board of County Commissioners has caused to be advertised a Notice of Public Hearing, which notice is attached hereto; and WHEREAS, the Board held a public hearing on Apfil 4 , 1989, to consider this request; and WHEREAS,.there were no objections to the name change; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that Fellsmere Management Company Water and Sewer Utility Franchise is authorized to change its name to Sun Ag, Inc., Water and Sewer Utility Franchise, effective immediately. The foregoing resolution was offered by Commissioner Eggert who moved its adoption. The motion was seconded by Commissioner Bird and, upon being put to a vote, the vote was as follows: Chairman Gary Wheeler Vice -Chairman Carolyn Eggert Commissioner Don C. Scurlock, Jr. Commissioner Richard N. Bird Commissioner Margaret C. Bowman Aye Aye Aye Aye Aye. The Chairman thereupon declared the resolution duly passed and adopted this ATTEST: 4th day of April 1989. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY: coLt_e,..." CL RK GARY W ELER, CHAIRMAN 9 APR 4. 1989 BOOK 76 PAGE 493 APR 41989 Poo( 76 Da 494 BID #89-49 - 1989 HEAVY DUTY DUMP TRUCK The Board reviewed memo from CPO Manager Dominick Mascola: DATE: March 20, 1989 TO: Board of County Commissioners THRU: James E. Chandler, County Administrator H.T. "Sonny" Dean, Directo Department of General S --•ices FROM: Daninick L. Masco a, CPO Manager Division of Purchasing SUBJ: IRC BID#89-49 New 1989 Heavy Duty Dump Truck BACKGROUND The subject bid for Solid Waste Division was properly advertised and twenty one (21) Invitations were sent out on Feb. 13, 1989. Seven (7) Bids were received for the above proposal. ANALYSIS: Staff has reviewed the submittals to ascertain adherence to specifications. The third bictPr, Remo Truck was the responsive and responsible bidder to meet all the specifi- cations. pecifications. The two lowest bidders did not meet specifications. FUNDING: Monies for this project will cane frac Account Number #411-27-534-066.43.. unds of V 62,976.00 were approved for x1 pure se of this equipment. RECOMMENDATION: Staff recommends the award of a fixed contract for $62,976.00 to Renco Truck. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Eggert, the Board unanimously approved the award of Bid 89-49 for a 1989 Heavy Duty Dump Truck for the Solid Waste Division to Remco Truck Sales in the amount of $62,976.00 per the following Bid Tabu- lation as recommended by staff. 10 CO CD 0 CD BOARD OF 1840 25th T.I.ehon.: 1305) 567.6000Q/ Recommended Award REMCO TRUCK COUNTY COMMISSIONERS Street, Vero Beach. Florida * 32960 Suncom Telephone: 224.1011 . $ 62, 976.00 Date 3/16/89: ..' PURCHASING DEPT. . BID TABULATION . Submitted By Dominick L Mascola PURCHASING MANAGER Bid No. IRC 89-49 Date Of Opening 3/15/89 Bid Title Heavy Duty Dump Truck �ER stiP' •; v �, �' y, — *\ 1,0 1 1. COSTAL FORD (ALTERNATE BID) 1989 LT 8000 FORD DUMP BODY "OX" 19R9 AMC' 64 AMY, ('AR flTTMP RA11Y "AX" $52„119_57 .'$A1 2_ GENERAL GMC 'MIMIC SA1.P..R AND SRRV?CR 3. REMCO TRUCK SALES 1990 11264SD FREIGHTLINER DUMP BODY "NEIL" _122_0(1 $62.976_00 4. COSTAL FORD 1989 LT 900 FORD MOTOR CO. DUMP BODY "OX" $64,834.00 5. STEELE—BILT 1989 11264SD FRIGHTLINER DUMP BODY CRYSTAR $66,840.00 6. JACK WILSON CHEV N/R 7. JOHN JOCHEM CHEV. N/1 • APR 4_1989 BOOK BOOK ' 6 Fl\GE.4 6 RESOLUTION FOR MacWILLIAM PARK PAVING & LIGHTING CONSTRUCTION Public Works Director Davis reviewed the following: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E.,^ ' Public Works Director-- 1` SUBJECT: Resolution for MacWilliams Park Paving and Lighting Construction FBIP Project No. B89003 DATE: March 21, 1989 DESCRIPTION AND CONDITIONS In order to be eligible for certain funding available from the Florida Boating Improvement Program, the County must formally adopt a resolution designating each project. MacWilliams Park is eligible for paving and lighting improvements. RECOMMENDATION AND FUNDING Staff recommends adoption of the resolution as submitted. Director Davis informed the Board that the City of Vero Beach had requested funds for improvements at MacWilliam Park from the Boating Improvement Program funds, which the Board approved earlier. The City since added some lighting to the project, which increased the cost about $9,000; so, they now are requesting that amount above the $20,000 that was originally approved for the project. The Parks & Recreation Committee did endorse this, and this Resolution is just a routine thing we have to send with the application to the DNR. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Bowman, the Board unanimously adopted Resolution 89-33 certifying that the MacWilliam Park paving and lighting construction project is eligible for funding by the Florida Boating Improve- ment Program. 12 RESOLUTION NO. 89- 33 WHEREAS, Indian River County is applying for a grant from the Florida Boating Improvement Program; and WHEREAS, Indian River County must formally adopt a resolution designating each project: NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County that the MacWilliams Park Paving and Lighting construction project is established so as to be eligible for funding by the Florida Boating Improvement Program. The foregoing resolution was offered by Commissioner Scurlock and seconded by Commissioner Bowman , and, being put to a vote, the vote was as follows: Chairman Gary C. Wheeler Aye Vice Chairman Carolyn R. Eggert Aye Commissioner Richard N. Bird Aye Commissioner Margaret C. Bowman Aye Commissioner Don C. Scurlock, Jr. Aye The Chairman thereupon declared the resolution duly passed and adopted this 4th day of April , 1989. ATTEST: INDIAN RIVER COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS Q ee Gary C/Wheeler, Chairman Commissioner Bird reported that we are still running in excess of $100,000 in the Boating Improvements Trust Fund. Commissioner Eggert wondered just what kind of project that fund covers, and Director Davis advised that it covers just about anything that is boating related. Commissioner Scurlock felt we must Zook very seriously at this in relation to the program we eventually are going to propose for Blue Cypress Lake for bathrooms, etc., because it will be a very expensive project, and Commissioner Bird agreed that was a good idea to keep in mind. 13 APR 4 1989 B001( 76 FAGL 497 APR 4 1989 BOOK 76 FACE 498 DREDGING OF 14TH ST. CHANNEL (ROCKRIDGE) TO INTRACOASTAL WATERWAY The Board reviewed memo from the Public Works Director: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E., Public Works Director SUBJECT: Dredging of 14th Street Channel from Rockridge Subdivision to the Intracoastal Waterway DATE: March 27, 1989 DESCRIPTION AND CONDITIONS In late 1988, the Board instructed staff to obtain permits for the dredging of the 14th Street Canal between Rockridge Subdivision and the Intracoastal waterway. At this time, a US. Army Corps of Engineers Maintenance Dredging Permit has been issued. The Florida DER Dredge and Fill Permit Application process has begun. The DER has requested extensive water quality analysis, soils information, and hydrography work. To provide this information, staff has received the following costs estimates: Soils Testing - Empire Engineering - $ 600 Water Quality Analysis - Envirometrics - $2,510 Hydrography - Coastal Tech - $3,700 Total Cost $6,810 Staff is trying to encourage the DER to waive the above testing requirements, but to date we have not been successful. ALTERNATIVES AND ANALYSIS At this time, funding for the project has not been determined. Staff is of the opinion that since the project benefits a localized area and no public facilities are connected to the channel, special assessment funding is the most appropriate. In the interim, the Budget Office and Public Works Department concur that the MSTU Reserve for Contingency Fund 004-199-581-099.91 is an appropriate source to transfer $6,810 into a new construction account (004-210-572-066.51) for payment of the above services. The existing balance of the MSTU Contingency Fund is $680,591. RECOMMENDATION AND FUNDING It is recommended that the attached Budget Amendment be approved to transfer $6,810 from Fund 004-199-581-099.91 to a new construction account fund 004-210-572-066.51 and that staff be authorized to expend the $6,810 for testing and hydrography. If the DER will waive the above requirements, the funds will not be expended. 14 MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Scurlock, to approve Budget Amendment #064 to transfer funds as described above and authorize staff to expend those funds for testing and hydrography if necessary. Commissioner Bowman commented that she has been following this quite closely and has been in contact with the DNR. She felt this probably qualifies as maintenance dredging and advised that within the last week we have obtained a signed affidavit from the son of the man who actually dredged the canal origi- nally. It was necessary to have this information in order to have it qualify, and we also have been able to locate some very old aerials. All this information has been sent to Orlando; so, she was hopeful that it will not be necessary to spend this $6,800. Bill Nelson, Rockridge resident, confirmed that after doing a lot of work, they were finally able to track down the person who dredged the canal, and State Representative Dale Patchett had said all we actually needed was an aerial view; so, he also believed this should be the answer we need. Mr. Nelson continued that when this first came up, Director Davis felt we needed to remove something like 9,000 yards of fill (or about $50,000); however, it turns out that considerably less is needed, and if we can get FIND into this, Mr. Nelson felt it would only cost about $10,000. Now, it should be possible to get the permit and then move ahead to get a dredging estimate. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. 15 BOOK 76 PAGE 499 APR 41989 APR 4 J989 TO: Members of the Board of County Commissioners FROM: Joseph A. Baird(!p,,, OMB Director BOOK 76 FAH500 SUBJECT: BUDGET AMENDMENT NUMBER: 064 DATE: March 28. 1989 Entry Number Funds/Department/Account Name Account Number Increase Decrease EXPENSE Reserves M.S.T.U./for Continaencv 004-199-581-099.91 $ 0 $6.810.00 M.S.T.U./Parks/Const. In Proa. 004-210-572-066.51 $6,810.00 $ 0 GOLDEN SANDS PARK - FINAL PAYMENT (ROCHEFORD-BAER CONSTRUCTION) The Board reviewed memo from Acting County Engineer, James White: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director FROM: James D. White, P.E. �GL) Acting County Engine SUBJECT: Final Payment - Retai1iage Release Rocheford-Baer Construction Golden Sands Park - IRC Project #8552 DATE: March 20, 1989 DESCRIPTION AND CONDITIONS All work is completed on this contract for dune crossings at Golden Sands Park. The Contractor has requested final payment in the amount of $6,528.00. RECOMMENDATION AND FUNDING Staff recommends acceptance of the work and approval of final payment from Account # 310-143-572-066.51. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Bird, the Board unanimously accepted the work done on the dune crossings at Golden Sands Park and approved final payment of $6,528.00 to Rocheford- Baer Construction as recommended by staff. 16 FIRING RANGE AT 4TH ST. & 74TH AVE. FOR SHERIFF (Continued) The Board reviewed memos from Director Davis, as follows: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E. Public Works Directo SUBJECT: DATE: Sheriff's Department and 74th Avenue March 28, 1989 Firing Range at 4th Street DESCRIPTION AND CONDITIONS The Public Works Department staff has completed three alternative designs and cost estimates for the construction of a Sheriff's Department Firing Range at the 40 -acre county mining site located at the southeast corner of 4th Street and 74th Avenue. The County Firing Range Committee approved use of this site for a Sheriff's Department Firing Range in late 1988. Recent meetings with Roy Raymond of the Sheriff's Department have resulted in a preferred design selection. The cost of the facility is estimated to be $75,749 (see attached memo from staff to Sheriff Dobeck dated 2/13/89). The above cost includes the necessary berms and/or walls for a basic facility, and do not include parking lot improvements, storage buildings, target holders, fencing, utilities, and other items that may be desirable. ALTERNATIVES AND ANALYSIS Staff is currently applying for Special Exception Use from the Community Development Department for appropriate use of the property. Engineering and site plan approval should require a minimum effort. Construction of the improvements is recommended by outside contract. FUNDING At this time, the project funding is being,determined by the Sheriff's Department and County Staff. 17 APR 4 1989 BOOK /6 F'AGE 501 PR 41989 BOOK 6 PA,., 502 TO: Jim Chandler, County Administrator FROM: James W. Davis, P.E., Public Works Director SUBJECT: DATE: March 31, 1989 Sheriff's Department Additional Costs For Equipment, Utilities, and Incidental Construction This date, Roy Raymond of the Sheriff's Department informed me that the Sheriff's budget would have to fund the following costs to make the Proposed Firing Range functional: Reliable Well Drilling - well & pump - poor surface water quality exists in this area and deep .flow well is required (400' deep) Well $3,500.00 Aerator 525.00 Tank/Pump 500.00 Irrigation Pump 500.00 Water Softener 550.00 Subtotal for Water System $ 5,575.00 20'x20' CBS building (materials) $ 4,250.00 Concrete Ramps 3,630.00 Target (turning) System (materials) 20,000.00 Preparation Fee for Targets 5,000.00 Electrical for Target 1,500.00 Sod 5,000.00 Port -a -lets 500.00 Estimate $45,455.00 If land can be deeded or leased to Sheriff, then land could be insured by the Sheriff's Dept. carrier if: 1) Site is totally fenced and locked 2) Officer must be on duty when using range Fencing a 800'x600' area would cost in materials (2800 if x $8) Approx. $22,400 The Sheriff anticipates funding all of the above with the Confiscated Property Fund. If a shortfall exists, the scope of work above may be reduced or additional funding requested. Major Roy Raymond came before the Board representing Sheriff Dobeck in regard to locating a firing range at the old stump dump. He informed the Board that since yesterday, he and Chairman Wheeler have been contacted by several residents of the area in question, and it seems there may be some opposition to the proposed location. Before they speak, he wished to review the history of the Sheriff approaching the Commission in regard to his need for training of his personnel, at which time it was generally agreed that all would be better served if the Sheriff's range could be incorporated with one the public could utilize 18 also. After that the Firing Range Committee was formed, and Major Raymond spoke of the difficulties they have encountered in trying diligently over the past 5 years to find a location for a firing range that would be suitable both for law enforcement and civilian purposes. He advised that at the last meeting of the committee, it was agreed there was a dire need for the Sheriff to obtain a range. Major Raymond then spoke in detail of the Sheriff's problems in trying to schedule time for his personnel at other facilities as set out in the following excerpts from his letter of March 20th to Commissioner Bird: 11 This morning the Indian River County Sheriff's Department was contacted by the Vero Beach Police Department and advised that we are to immediately cease using their range for any training purposes. Their representative, Detective Frank DeVencenzo, advised us that they had brought a representative from the National Rifle Association in to inspect the range and it was dangerous for the use of any rifle or shotgun training and was marginal for any other type of firearm. They stated that for this reason that no other agency or person would be allowed to use their range other than the Vero Beach Police Department. Under our present training schedule, in order to meet minimum basic requirements, we must utilize some type of firearms range for a minimum of 2,448 man hours per year. This amount of training covers only basic firearms qualifications and excludes Emergency Response Team training, special scenario training and civilian sponsored training courses, which are presently being conducted on a minimum of once a month. Upon learning of this problem, I contacted Assistant Superintendent Tommy Douberley of the Indian River Correctional . Institution range, in an attempt to assess the availability of that facility. Presently, in addition to training their personnel, this range is also used by Florida Corrections Academy, Indian River Community College, U. S. Coast Guard, Internal Revenue Service, Florida Peace Officers Association and the Governor's 20 Pistol Matches. As you can see this range is already over crowded . and is scheduled on a first come first serve basis. In addition to this, I was advised that utilizing this range on a minimum of 2,000 to 3,000 per year would have a large maintenance impact on their facility and would require some type of monetary concession to aid in the upkeep of that facility. IP Major Raymond stressed that if the Sheriff has to continue to train his personnel on either the Correctional Institution's range or the St. Lucie County Sheriff's range, if it is possible to secure the time needed at those ranges, it would require $50,820 in overtime expenditures, and that figure coupled with travel and vehicle usage could well exceed $60,000 in the coming year. If the Sheriff's Department had their own range and could schedule on -duty training days, the figure for overtime expenditures could be reduced by at least two thirds. He then 19 a'1 4_ 1989 BOOK 76 PAGE 503 1 APR 41989 BOOK 76 PAGE 504 discussed the cost of the proposed range, noting that the Sheriff has costed out items that would be additional costs needed to make the range functional after the berm was thrown up. These are as follows: Well and Pump System $ 5,075 1 Storage Building 4,250 Concrete Ramps 4,330 Turning Targets 26,500 Sod 5,000 Fence 22,400 Insurance Restroom Facilities Total $67,555 Major Raymond commented that up until yesterday they had been optimistic about the site and did not feel they would have opposition in the area, but it now appears there is some opposition. Commissioner Bird inquired about the hours the proposed range would be utilized. Major Raymond advised that the range would be used 3 to 4 days a week by the Sheriff's personnel and on Saturday for the public course. The range probably would be closed on Sundays. They do have night training courses, which they try to do in the winter when it gets dark earlier, but this probably would take place only 3 to 4 times a year and the hours would be 6:30 to 7:00 P.M. till about 9:00 P.M. Commissioner Scurlock noted that it appears the City of Vero Beach pistol range has been declared unsafe and the range at the Correctional Institution apparently has very heavy usage; so, we 4 have three needs here, and he wondered why a coordinated funding couldn't work rather than spending all this money on a temporary facility. He felt possibly we should take a step backwards, realizing that the St. John's River Water Management District won't be solving our problem any time soon, and all three could work together to build a permanent range. 20 Commissioner Bird agreed that certainly our first preference has been to try to locate a site in a remote area and build what we call the ultimate range, but unfortunately that has been a very frustrating experience. The committee has worked in a spirit of cooperation with St. John's, but their properties are considerably west and their main function is water control. The only possible range location in their long range plan that will be high and dry is in the Latt-Maxey property out at 20 Mile Bend, but because of the distance and the difficult access, it is felt that would not be greatly utilized. Another potential site is on the Jewish Federation property. There is the possibility St. John's could acquire that property through a land swap and might consider making it available; however, Commissioner Bird advised that he has been all over that property; there is not a dry spot on it; and although it is a closer location to the City, he believed the cost of creating a range there, plus the roadway that would be needed to get to it, would be prohibitive. Commissioner Bird continued to stress the frustration of trying to find the ultimate site for the ultimate range and noted that in the meantime, the Sheriff has a very immediate need. He agreed that what is proposed may be a goodly sum for what may not be the ultimate facility, but noted that we are at the point where we really need to come up with something the Sheriff's Department can use. He asked Major Raymond if there is any possibility of expanding the range at the Correctional Institu- tion and allowing more people to use it. Major Raymond believed that at the present time the land usage planned out there is about at a maximum. They have extended to the west about as far as they can, and they already have plans to have an educational building east of the range. The range originally was designed for the purpose of training the Correctional personnel and the college basic law enforcement courses. After it was completed, there was some more educational money that went to the St. Lucie County range; so, some of the 21 APR 4 1989 BOOK 76 F 6L 5O5 P2 a i989 BOOK 76 NaG506 pressure was taken off from the college and moved down there. That range is suitable for the Correctional personnel training needs and the state training needs, which are their basic concern. Major Raymond advised that while they have been very cooperative and bent over backwards to work with the Sheriff, the biggest problem is in trying to schedule time for the Sheriff's deputies because, naturally, the Correctional personnel has first priority. In addition, the Sheriff cannot conduct his civilian training programs there because that is not allowed on the state range. He emphasized that the Sheriff is willing to accept any location the Commission feels is for the good of everybody, but they are in dire need. This training is a very high liability area for the Sheriff, and it has gotten to a crucial point. Commissioner Scurlock commented that he sees the southwest portion of the county growing, and he is concerned about spending the money to locate a facility where every day we will have additional pressure to move it. He believed on the west side of 1-95 we wouldn't see that much pressure for the next 5 or 10 years. He did realize that the committee has spent a great deal of time on this, however. Commissioner Bowman believed the main objection is the noise created by a firing range. She commented that she lived within 2 miles of a range at one time, and it was pretty bad. Commis- sioner Bowman believed that no matter where we put this, it will be in conflict with someone; so, why not spend a lot of money and build an indoor facility. Major Raymond felt that is really not a feasible alterna- tive. It is not only extremely expensive to build an indoor facility, but it is also costly to maintain. In addition, there has been a lot of study recently regarding the danger the use of indoor facilities can lead to, i.e., lead poisoning. It is felt the vapors in a regularly used indoor facility can be a very dangerous situation. 22 Commissioner Scurlock asked whether the City of Vero Beach might not have some interest in cooperating with us in funding something new if the City is going to have to shut down its range. Commissioner Bird noted that situation has really only come to a head in the last week or so, and Major Raymond advised that he contacted David Luke, whom they have worked quite closely with on using that range, and all he knew is that it seems there was some question raised about whether their backstop was high enough. Major Raymond pointed out that actually the range is leased to the Police Benevolent Association, which is a private bargaining agency, and they control and run the range rather than the City of Vero Beach. Commissioner Scurlock did not believe that private entity would have the funds the City does, and now that it has gotten to a critical point, he felt City Manager Little might feel a bit differently about having a range the City does control. Commissioner Bird noted that in regard to the ultimate loca- tion of a range, the Committee always has felt the best place for safety, least interference with future development, etc., would be somewhere out in the marsh area or adjacent to the 60,000 acres St. John's has purchased. Unfortunately, when you get out in that area, it is either in existing grove or it gets pretty wet since St. John's has purchased primarily wetland areas. We haven't been able to acquire any private lands out there because the owners are not anxious to sell. Commissioner Bird did feel that the range can be designed to be operated in a safe manner, but he believed the noise factor is the biggest objection. Commissioner Scurlock asked if anyone has looked into the possibility of utilizing the closure of our Landfill. He believed other communities have developed their old landfills into parks, golf courses, etc. Utilities Director Terry Pinto noted this was brought up several years ago. Unfortunately the timing is never right. 23 APR 41989 BOOK 76 RAGE 50 7 APR 4 1989 soul( 76 FAGS 508 When the second cell is near completion, he felt a perfect site for the firing range would be between the two cells, but that is 6 years down the road. He did not know what the restrictions are for the state institution next door where they have the firing range, but noted that we have to maintain almost an 150' buffer between the Landfill and the state property. We will never utilize that buffer for anything to do with the Landfill, and if we could get the use of some of that state property and utilize our buffer between the two properties for a firing range, possibly that could be workable. Chairman Wheeler felt that would be an ideal location. Commissioner Scurlock noted that one problem is that people would be coming and going into the new cell. In the ensuing discussion, Director Pinto believed there could be separate access into the buffer area, and Commissioner Scurlock noted the existing range is on the northwest corner of the Correctional Institute. He believed there is a significant area between that range and our existing landfill cell because we have the borrow pit in addition to the 150' buffer. Commissioner Bird asked the opinion of Public Works Director Davis about using that location. Director Davis advised that on most fire ranges, it is preferred that you shoot from south to north. He believed there is going to be quite a bit of activity from the people using the Landfill plus he had some concern about the possibility of puncturing the liner used to cap the first cell. Major Raymond informed the Board that the potential for a round getting out is minimal. In any range there is always the possibility of a round going over the top, but to put a shell roof up would cost half a million. Also, in the type of training the Sheriff's Department is doing, they are dealing with profes- sionals and have professional instructors. In addition, they have now developed different stances that make it even less likely a round could go astray. In any event, he noted that it 24 would be no problem to extend the berm height very inexpensively by the use of staggered telephone poles and interlaced tires. Commissioner Bird asked if it would be possible to shoot in a south to north configuration at the Landfill site location, and Commissioner Scurlock confirmed that it would be south to north and the cell would make a tremendous backdrop for the range. Commissioner Scurlock suggested a Motion to authorize the Committee to take a look at the Landfill site just discussed, but Commissioner Bird asked that the Board just table this matter for a week and give Major Raymond and him a chance to look at the site and explore the possibilities. MOTION WAS MADE by Commissioner Eggert to table the matter of the location of the firing range for a week to give him and Major Raymond the opportunity to explore a possible site at the Landfill. The Chairman noted that there are some present who have objections to the location of the range and asked if anyone wished to be heard. Bill Graves, 5680 4th St., expressed his strong opposition to the proposal to locate the firing range at 4th Street and 74th Avenue because of the noise it would generate. He believed if it could be located between the Correctional Institution and the Landfill, that would be a very good spot because you already have the noise from the existing range. He also believed that he knew of someone with land in that area who might be interested in selling it to be used as a firing range. Mr. Graves continued to note his objections to the noise of a firing range, pointing out that people move to the country to have peace and quiet and apparently this range will be used practically alt days of the week as well as some nights. Mr. Graves urged that the Board find a permanent spot rather than something temporary and advised APR 41989 25 BOOK 70 FACE 509 qp 41989 BOOK /6 F$$GE 510 that he would be glad to assist the Committee locate the property he is talking about. C. W. Gaidry, 7805 4th Street, informed the Board that his property is just across the road from the location proposed for the firing range. He advised that he has owned that property for 17 years and operated it as a cattle ranch. He would find having the firing range in his vicinity objectionable for many reasons beside the obvious one of the noise factor. Trying to load cattle and having firing in the area would not only be difficult, but also dangerous. In addition, the cattle wouldn't graze in that area because of the firing. Mr. Gaidry also did not feel that the proposed range should be placed right in a rapidly growing area. He was certainly not against the Sheriff having a firing range, and, in fact, agreed they should have one that could be developed so they can train the public, but he felt there must be a location that would be suitable somewhere west of 1-95. He also believed the stump dump has the potential to be sold and used for other purposes. Sam McCall, former City of Vero Beach Police Chief and long time resident of 7575 1st St. SW, came before the Board. He noted that when he first moved out there 14 years ago, it was really out in the country. Although, that is no longer true, they still have a good deal of wildlife out there (sand cranes, ducks, fox, deer) and that wildlife will not stay if you have a range nearby. Mr. McCall's concern was noise. He noted that he can sit in his house and hear them shooting at the Correctional range which is two miles away to the north, and he also can hear the loud speaker at Ocean Spray, which is one mile away to the south. The range proposed at 74th Avenue and 4th Street would be only 1/2 a mile away to the north, and he did not want to have a shooting range to the north and also to the south of his home. As to the comment that the City Police range is too dangerous to use, Mr. McCall felt if it is too dangerous for other agencies, it is too dangerous for the Police Department 26 also. He believed that the County would be wise to sit down with Chief Gabbard and City Manager Little and see what the problem is. He believed the City and County could work together and solve the problem for a lot Tess than $70,000. Mr. McCall felt there are many alternatives that can be looked into. He stressed that he is 100% for the Sheriff's Department having a range, which he felt is very much needed and long overdue. COMMISSIONER SCURLOCK AGREED TO SECOND the Motion to table for a week. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. HERON CAY FORCE MAIN The Board reviewed memo from Environmental Specialist John Lang: DATE: TO: FROM: MARCH 23, 1989 JAMES E. CHANDLER C()COUNTY ADMINISTRAT TERRANCE G. PINT DEPARTMENT OF U TY PREPARED AND STAFFED BY: JOHN FREDERICK LANG ENVIRONMENTAL SPECIAL SUBJECT: HERON CAY FORCE MAIN SERVICES BACKGROUND: The Department of Utility Services decommissioned the Heron Cay Wastewater Treatment Plant several years ago and filled in the percolation ponds. The demolition of the Wastewater Treatment Plant has been satisfactorily completed. The Department is in receipt of the development plans for this site and it is now necessary to lower and reposition a short segment of the 4" and 8" force mains which are currently exposed due to land elevation changes. The Department of Public Works is assisting by providing a survey of the site where the force main will be placed. The owner/developer has agreed to grant a 15' easement to the County for the force main location and the lift station location. The two contractors on the site have submitted proposals to the County for the work necessary. ANALYSIS: Belvedere Construction has submitted a quote of $5,650.00 and A & R Construction has submitted a price of $5,700.00 for the relocation work. Both firms have not submitted mobilization costs because they are on-site generating lower quotes. APR 41999 27 BOOK FvE 5i1 APR 4 '989 BOOK 76 PACE5 RECOMMENDATIONS: The Department of Utility Services recommends that the Board of County Commissioners authorize the award of the relocation work to Belvedere Construction. The firm has demonstrated their capabilities on previous utility projects in the past. The account number this work is to be charged to is 471-218-536-03349, a Wastewater Operations Account - Other Contractual Services. ON MOTION by Commissioner Bowman, SECONDED by Com- missioner Eggert, the Board unanimously authorized the award of the relocation work on the Heron Cay Force Main to Belvedere Construction in the amount of $5,650 as recommended by staff. RESOLUTION IN SUPPORT OF A TRAFFIC LAW & SUBSTANCE ABUSE EDUCATION PROGRAM FOR FIRST TIME DRIVERS The Board reviewed the following letter sent to Chairman Wheeler: INDIAN RIVER AREA DWI COUNTER MEASURE PROJECT SERVING ST LUCIE, MARTIN, INDIAN RIVER & OKEECHOBEE COUNTIE 800 VIRGINIA AVE surra 19 • P.O. BOX 3837 • FORT PIERCE, FLORIDA 34948 • (407) 4654530 Mr. Gary Wheeler, Chairman Indian River County Commission 1840 25th Street Vero Beach, F1 32960 Dear Mr. Wheeler: 92021Zc2�? Ma�ea- aR + 989 March 16, 198:!441404440 9gi ' This letter is in reference to Senate Bill 94, House Bill 322, which essentially requires four hours of substance abuse edu- cation and safety education for drivers license applicants who have never been licensed in any jurisdiction. The target population is the younger driver, however, the education would positively effect any aged driver. From a treatment and education perspective, I have been involved with the DUI Program for over 15 years. At the conclusion of DUI classes, the students are asked to evaluate the program and give suggestions regarding how we might improve. Each class of students has a large per cent who write that they wish they had been provided the information at an earlier age. They recommend offering the education in high school or suggest having alcohol/drug ed as a pre -requisite to licensing. 28 Mr. Wheeler, I would be most appreciative if you would place this subject on the agenda for the next•Commission meeting. A resolution passed by the Indian River County Commission 'would be a strong show of local support to our legislators. I am available to answer any questions or be of any assistance to you in accomplishing this endeavor. This legislation is one that will not cost the tax payer any additional burden and will unquestionably have a positive impact on our young people. If just one young life is saved, it has proved its merit. I have 'attached a copy of Senate Bill 94 for your information. The bill was slightly revised in Committee. House Bill 322 provides that individuals who have completed a driver improve- ment course will not have to take this four hour course. Thank you for your consideration of this action. Sincerely, c6is Cioffi Program Director Commissioner Eggert discussed the difference between the Senate and House Bill, noting that House Bill 322 allows people who have taken Driver's Training Education to be exempted from taking this course even though they do not receive any drug training in the Driver's Education Course. She personally was in favor of supporting the Senate Bill and requesting that the House Bill be made similar to the Senate Bill so that everyone would have drug training prior to driving. Commissioner Scurlock raised a question as to the cost that would be associated with such a program. Chairman Wheeler agreed with the program but had a problem with someone in his 60's retiring in Florida and then having to go through a drug education program to get his Florida license. Discussion ensued regarding the definition of "first time driver" and how this is set out in the Senate Bill and in the House Bill. Commissioner Eggert believed we should make it clear that we support this program for a young first time driver as opposed to older people coming in from out of state. Assistant County Attorney Collins quoted the following language set out in the Senate Bill: "The Department may not issue a license to a person who has never been issued a driver's license in any jurisdiction." 29 APR 4 1989 ElOOK /6 P$$GE 51 APR 4 4989 ROOK r, 514 Commissioner Eggert felt that removes any problem for the older people. Commissioner Scurlock stressed that there is a Driver's Education Course that is already established and taught in the schools, but Commissioner Eggert pointed out that program does not deal with alcohol and substance abuse. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bird, Commissioner Scurlock voting in opposition, the Board by a 4 to 1 vote, adopted Resolution 89-34 supporting Senate Bill 94. Commissioner Scurlock advised that he voted against the Resolution because of the cost factor. RESOLUTION NO. 89 - 34 "A RESOLUTION OF THE COUNTY COMMISSION OF INDIAN RIVER COUNTY, FLORIDA, SUPPORTING SENATE BILL 94, WHICH WOULD REQUIRE SUBSTANCE ABUSE EDUCATION PROGRAM FOR FIRST-TIME DRIVERS." WHEREAS, Alcoholism is a chronic, progressive and potentially fatal disease and is one of the most serious public health problems in the United States today; and WHEREAS, Alcohol abuse accounts for approximately 98,000 deaths annually, many of these deaths are from alcohol-related motor vehicle accidents; and WHEREAS, Drug abuse is a growing problem which has moved into mainstream America, taking root in the machine that drives our country; and WHEREAS, the problem of substance abuse has become much more complex and the economic consequences of the problem are staggering; and WHEREAS, the purpose of a DUI School is to provide students with salient information and data pertaining to alcohol and substance abuse and its effect onindividuals; and WHEREAS, in a DUI course, emphasis is given to the relationship of the use of alcohol and driving while under the influence of alcohol and/or other substances, and it is hoped the educational experience will be informative and enable each student to reach the conclusion that they will never drive while under the influence of alcohol and/or drugs; 30 NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY COMMISSION OF INDIAN RIVER COUNTY, FLORIDA, that the County Commission hereby supports Senate Bill 94, creating Florida Statute 322.095, which would require a Substance Abuse Education Program for First -Time Drivers. The foregoing resolution was offered by Commissioner Eggert and seconded by Commissioner Bird and being put to a vote, the vote was as follows: Chairman Gary C. Wheeler Aye Vice Chairman Carolyn R. Eggert Aye Commissioner Richard N. Bird Aye Commissioner Margaret C. Bowman Aye Commissioner Don C. Scurlock, Jr. Nay The Chairman thereupon declared the Resolution No. 89-34 duly passed and adopted this 4th day of April, 1989. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY �L 1i Garyf. Whee f," Chairman There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 10:00 o'clock A.M. ATTEST: Clerk APR 41989 31 No 6 OGE5j.3