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HomeMy WebLinkAbout7/11/1989Tuesday, July 11, 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, July 11, 1989, at 9:00 o'clock A.m. Present were Gary C. Wheeler, Chairman; Carolyn K. Eggert, Vice Chairman; Richard N. Bird; Margaret C. Bowman; and Don C. Scurlock, Jr. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, Attorney to the Board of County Commissioners; and Barbara Bonnah, Deputy Clerk. The Chairman called the meeting to order, and Commissioner Bird led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Wheeler requested the addition of approval for additional ALS staff for Emergency Management Services. Attorney Vitunac requested the addition of a new hire for existing Legal Secretary I position. Administrator Chandler requested that Item 9-C-1 - Report on Electronics on Phase II of the Jail - be removed from today's Agenda and rescheduled for next week's Agenda. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously added and deleted the above items on today's Agenda. P-�r w-ct k Boor,E 1 r`':J� '°� ? JUL 111989 J U L 1 `���� Boon 77 P�..i Chairman Wheeler requested the addition of a Solid Waste District Meeting for the purpose of hearing a waste management/ - recycling presentation by Camp Dresser 8 McKee. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously added the above item for presentation only, with no action to be taken. Chairman Wheeler advised that Darrell McQueen is asking the Board to rehear the question of rezoning some property for the golf cart building in Grand Harbor. ON MOTION by Commissioner Eggert SECONDED by Commissioner Scurlock, the Board unanimously added the above item to today's Agenda. CONSENT AGENDA Commissioner Eggert requested that Item F be removed for discussion. A. Approval of Minutes of Regular Meeting of 6/6/89 The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of June 6, 1989. There were none. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved the Minutes of the Regular Meeting of 616/89, as written. 2 B. Approval of Minutes of Regular Meeting of 6/13/89 The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of June 13, 1989. There were none. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved the Minutes of the Regular Meeting of 6/13/89, as written. C. Duplicate Tax Sale Certificate ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously issued Duplicate Tax Sale Certificate No. 87-1310 in the amount of $161.16 to William G. or Doris M. Zeh. D. Report Received and placed on file in the Office of the Clerk to the Board: Regular Monthly Meeting, Board of Supervisors, Indian River Farms Water Control District, dated January 12, 1989 E. IRC Main Library Construction Grant Agreement The Board reviewed the following memo dated 6/27/89: TO: Board of County Commissioners DATE: June 27, 1989 FILE: THRU: James E. Chandler County Administrator THRU: H.T. "Sonny" Dean General Services Di or Consent Agenda SUBJECT: IRC MAIN LIBRARY CONSTRUCTION GRANT AGREEMENT JL'- :R:Ojyojn w� Hams REFERENCES: ect Manager Indian River County Main Library DESCRIPTION AND CONDITIONS: Indian River County has completed the application and review process for the above referenced Grant between the State of Florida Division of Library and �� 1119 3 EGC1K F77 J U L 111999 BOOK 77 fAr,Ed0 Information Services and )ndian River County. The attached agreement represents $200,000 in sta'v matching funds for construction of the Main Library. The Counties match of funds is covered by the established construction budget. State funds will be disbursed incrementally as the project progresses. ALTERNATIVES AND ANALYSIS This agreement requires the signature of the Chairman of the Board of County Commissioners on two original copies to be returned to the state for finalization. The effective date will be entered upon signature by the state. RECOMMENDATION Staff recommends that authorization be granted for the Chairman to sign the IRC Main Library. Construction Grant Agreement. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved the IRC Main Library Construction Grant Agreement, and authorized the Chairman's signature. COPY OF PARTIALLY EXECUTED AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD F. IRC Bid #89-79 -- North County Library Underground Utilities The Board reviewed the following memo dated 7/5189: DATE: JULY 5, 1989 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: H.T. "SONNY" DEAN, DIRECTOR DEPARTMENT OF GENERAL SERVIC SUBJECT: NORTH COUNTY LIBRARY UNDERGROUND UTILITIES INDIAN RIVER COUNTY BID NUMBER 89-79 BACKGROUND: The subject bid was properly advertised and two (2) sets of plans with specifications were sold to prospective contractors for the project. One bid was received at opening on June 28, 1989. The other contractor was contacted by telephone to ascertain why he failed to bid. Mr. Ted Myers stated he was not sure why his company did not bid unless, the estimator overlooked the bid date. 4 ANALYSIS: Staff has reviewed the submittal to ascertain adherence to specifications. Kenova Construction Corporation was responsible and responsive to the subject bid. FUNDING• Monies will come from the North County Construction Funds, Site Improvements which has a budget of $91,000. RECOMMENDATIONS• Staff recommends the award of this bid to Kenova Construction Corporation contingent upon receipt of valid Performance Bond. Commissioner Eggert noted that there is no mention of any monetary amounts in the memo, and she just wanted to be sure, for the record, that the original bid was $19,995 minus $3,000 reduction insurance, making it $16,995. General Services Director Sonny Dean confirmed those figures to be correct. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved staff's recommendation, as set out in the above memo. G. Approval of Out-of-County_Travel ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved out -of -county travel for Commissioners Wheeler and Bowman to attend SWIM Workshop on Stormwater Facility Modification and Design in Melbourne, FL, on July 27, 1989. JUL 1119009 5 BOOK 'JUL 111989 Boor '77 H. Approval of Out -of -State Travel ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved out-of—state travel for Commissioner Scurlock to attend Annual Water Pollution Control Federation Conference in San Francisco, CA, on October 15-19, 1989. INTRODUCTION OF DISTRICT FORESTER The Board reviewed the following letter dated 6/21/89: I 00 0 STATE OF FLORIDA �RN _ FLORIDA DEPARTMENT OF AGRICULTURE E CONSUMER SERVICES DOYLE CONNER. COMMISSIONER $c 3125 CONNER BLVD. TALLAHASSEE 32399-1650 r A�� 1720 June 21, 1989 Mr. James E. Chandler Indian River County Administrator Indian River County Courthouse P.O. Box 1028 Vero Beach, FL. 32960 Dear Mr..Chandler: I would like to be placed on the next agenda of the Indian River County Commission. As the new District Forester for the area, I would like to reintroduce myself to the County Commissioners. I had served Indian River County and City of Vero Beach as the Urban Forester from March 1980 to October 1984. I look forward to working with the County again and to increase the quantity and quality of service we provide. Please contact me with any questions. Sincerely, Paul Palmiotto, District Forester Florida Division of Forestry 813/763-2191 r It was announced that Mr. Palmiotto was unable to attend today's meeting. REQUEST FROM OWNER OF CHILDREN'S DISCOVERY CENTER DAYCARE TO OPEN SEPT. 1, 1989, PRIOR TO COMPLETION OF 8TH STREET/20TH AVENUE INTERSECTION_ IMPROVEMENTS The Board reviewed the following memo dated 6/29/89: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E., Public Works Director Robert M. Keating, AICP AA4K Community Development Director SUBJECT: Request from Owner of Children's Discovery Center Daycare to Open Sept. 1, 1989 Prior to Completion of 8th Street/20th Avenue Intersection Improvements REF. LETTER: Glenn A. Strunk to County Commissioners received June 23, 1989 DATE: June 29, 1989 DESCRIPTION AND CONDITIONS Mr. Glenn Strunk, owner of Children's Discovery Daycare Center, located on the east side of 20th Avenue 300' south of 8th Street, is requesting permission to open his daycare center on Sept. 1, 1989. The site plan for the development was approved with the condition that the intersection be improved to an appropriate level -of -service. It has been indicated by the Board that signalization and widening improvements at the intersection would be necessary prior to a Certificate of Occupancy being issued. The final engineering plans and contract documents for the intersection improvements are complete and have been transmitted to the Purchasing Division for bidding the project construction. Bids will be received in late July, with construction commencing late August. All utility relocations are complete. Right-of-way acquisition is. also complete. Stormwater permitting exemptions have been issued (copy attached).. It is estimated that all improvements will be completed by October 30, 1989. On September 20, 1988, the Board considered to allow a CO be issued if a 4 -way stop control at the intersection is implemented to bring the intersection to an appropriate level -of -service. The 4 -way stop was approved, but all widening and signalization improvements were to be completed prior to a CO being issued. The 4 -way stop control is now implemented, and the intersection is operating adequately. A copy of the Sept. 20, 1988 Board of County Commission meeting minutes is attached. 17 mu J Fr- -7 'JUL. I 1 ` 999 Boor 7 F.i;E 8 1 ALTERNATIVES AND ANALYSIS The alternatives are as follows: Alternative #1 Allow the daycare center to open on Sept. 1,, 1989. Since construction is estimated to begin in August, 1989, there will be major construction in the area north of the daycare center. Maintenance, of traffic by the contractor will be performed, and the 4 -way stop control will operate until the signal is operational. The owner is indicating that Sept. 1 is a crucial date due to a new school year commencing. Alternative #2 Require all improvements to be complete prior to a CO'being issued. This is estimated to occur Oct. 30,.. 1989. RECOMMENDATION Alternative No. 1 is recommended .t-0 permit the daycare center to open Sept. 1, 1989. ON MOTION by Commissioner Bird, SECONDED by Commissioner Bowman, the Board unanimously approved Alternative #1, as set out in the above staff recommendation. DARRELL McQUEEN REQUEST FOR BOARD TO REHEAR REQUEST FOR D.O. AMENDMENT AND PRD SPECIAL EXCEPTION CONCEPTUAL PLAN APPROVAL FOR GOLF CART FACILITY AT GRAND HARBOR Chairman Wheeler asked for direction from the Board on whether they want to rehear this request at a future date. Commissioner Eggert noted that we turned this down unanimously, and Commissioner Scurlock stated that the policy is that we don't reconsider something again for a certain amount of time unless something is new or something has changed. Darrell McQueen of McQueen 8 Associates, engineers for Grand Harbor, explained that he had been on jury duty when the Board heard this matter on June 11, 1989, but understood that some 8 of the concerns that day were that this property abutted the multi -family residential development to the north and that there was joint use of that entrance which involved the multi -family use and and the golf course maintenance facility use. He explained that the original location of the golf course maintenance facility was on the other side of Indian River Boulevard and it adjoined multi -family use, the same as this. He stated that they can change the access to that facility and pull it down to the access that would be gained to the office complex in the Grand Harbor complex. Modifying that access would alleviate one of the Board's concerns in that they would take the mix of traffic away from it. He advised that he had exhibits with him today if the Commissioners wished to see them. Commissioner Scurlock's main concern was about any additional accesses to Indian River Boulevard, and Commissioner Eggert added that even a shared access was a concern. Mr. McQueen explained that this property was purchased from the Laughton property, and that the remainder of the Laughton property, part of the dedication of that right-of-way through there, was contingent upon the Laughton property and the Davis property immediately north of this all sharing one access. So, there is one access at the corner of these 4 separate parcels now that would serve the two multi -family parcels on the west side, the two multi -family parcels on the east side and the golf course maintenance facility, which is where the plat presently has the entrance into the golf course maintenance facility. Commissioner Bird understood that the facility really would not be creating another entrance, but would be sharing an 6 entrance that is already provided, but Commissioner Eggert pointed out that Mr. McQueen showed the Board that aspect before. Mr. McQueen explained that part of the negotiated agreement on the dedicated right-of-way was that entrance would be provided and that these parcels would provide some of the additional 9 iJUL 111989 ►JUL 111989 �oo� �, j FacF 6 improvements, so the entrance where it is presently located doesn't require an additional entrance on Indian River Boulevard. Commissioner Bird felt the new information in this matter was to find out that by disproving the new site and forcing them to revert back to the other site that was approved in their conceptual PRD, we really have not gained anything because they still have access onto the Boulevard and still have abutting multi -family residential. ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously agreed to rehear the issue. PUBLIC HEARING - REQUEST FOR A PLAT VACATION OF A PORTION OF VILLAGE WALK SUBDIVISION The hour of 9:05 o'clock having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to wit. VERO BEACH PRESS-JOUIMAL , Published Derly Vero Beach, Indian River Codnfy, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA • Belorb 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 dally newspaper published at Vero Beach in Indian River County, Florida; thal,lhe attached copy of advertisement, being s -�/ I%1f.LLf// • In the Court, was Pub. fished In said newspaper in the Issues ofjllz_�2 Afflant further says that the said Vero Beach Press Journal is a newspnper 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 dally anti has been entered as second class mail matter of The post office in Vero Beach. In said Indian Fliver Coun• ty, Florida, for a period o1 one year next preceding the first publication of the sitached copy of advertisement; and alliani 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 , , d of i iY (Business Manage, r/ >t.. t -+!dam �- (SEAL) (CIrHvfdlvn Rtpp"r Bounly; Flrnlds) 01-h.r Irmte� 01" C# /bsllhv tilts Carartllv*iml*-*",Mme'(9.IV •7 10 T NOTICE OF PUBLIC HEARING Notice of hearing to consider an application to vacate a portion of the plat known as Village Welk, filed In Plat Book 12, Pages 87, 87A, & 87B of the Public Records of Indian River County, Florida. The subJect property is described as: A portion of that subdivision shown on a plat entitled "Village Walk" flied In Plat Book 12, Pages 87, 87A & 87B of the Public Records of Indian River County, more particularly described as Lots 17 through 42 of the aforementioned plat i The Board of County Commissioners will con- duct a public hearing regarding the plat vacation request. The public hearing, at which parties In Interest and citizens shall have an opportunity to be heard, will be held by said Board of County Commissioners In the County Commission Chambers of the County Administration Building, located at 1840 25th Street, Vero Beach, Florida, on Tuesday, July 11, 1989 at 9:05 a.m. 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 the testimony and evidence upon which the appeal will be based. INDIAN RIVER COUNTY C BOARD OF COUNTY COMMISSIONERS BY -s -GARY C. WHEELER, CHAIRMAN June 23, 30, 1989 `I The Board reviewed the following memo dated 6/22/89: TO: The Honorable Members of The Board of County Commissioners DIVISION HEAD CONCURRENCE: Robert M. Keati g, A Community-Devel pmen Director THROUGH: Stan Boling, gICP Chief, Current Develop nt FROM: Robert E. Wie ersq, �li g Staff Planner, Current Development DATE: June 22, 1989 SUBJECT: PLAT VACATION REQUEST FOR A PORTION OF VILLAGE WALK SUBDIVISION It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of July 11, 1989. DESCRIPTION AND CONDITIONS: Attorney Letitia E. - Wood, on behalf of Catalina Homes, Inc., is requesting that the Board of County Commissioners vacate a portion of the Village Walk subdivision as recorded in Plat Book 12, Page 87, Public Records of Indian River County, Florida. The portion of the plat to be vacated (see attachment #3) includes lots 17-24, 25-30, and 31-42, all of which are owned by Catalina Homes, Inc. The subject property is located within the Village Walk Subdivi- sion, on the east side of 6th AVenue, immediately south of Waverly Place (see attachment #2). The portion of the plat to be vacated does not affect any public or private facilities or access rights other than what relates to the lots being vacated. The owner, Catalina Homes, Inc., was recently granted final plat approval by the Board but has recently decided to replat the vacated area in order to accommodate larger lots. This plat vacation will be followed by a new final plat for the affected area. ANALYSIS: According to Chapter 177.101 of the Florida Statutes, the Board of County Commissioners has the authority to vacate plats in whole or in part, returning all or portions of the property into acreage. The vacation is accomplished by resolution of, the Board. Before the resolution can be approved by the County Commission: 1. It must be shown that the persons making application for the vacation own fee simple title to that part of the tract covered by the plat sought to be vacated. 2. It must be shown that the vacation will not affect the ownership or right of convenient access of persons owning other parts of the subdivision. 3. Notice of the intention to apply to the County Commis- sion for vacation of the plat must be published in a newspaper of general circulation in the county in not less than two weekly issues of the paper. /' RooK l JUL 111989 J U L 111989 4. 5. non 77 F1rj i.11 You must attach the proof of publication of the petition for vacation to the petition. Certificates showing that all state and county taxes have been paid must be provided. The applicant has submitted all of the above information which has been reviewed and approved by the County Attorney's office. Thus, all state requirements concerning plat vacation have been met, therefore County staff has no objections to the requested vacation. RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt the attached resolution vacating lots 17-24, 25-30, and 31-42 of the Village Walk plat as recorded in Plat Book 12 page 87. 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 Bird, SECONDED by Commissioner Eggert, the Board unanimously adopted Resolution 89-69, vacating lots 17-24, 25-30, and 31-42 of the Village Walk plat, as recorded in Plat Book 12 page 87. 12 EXHIBIT "A" RESOLUTION'89- 69 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, VACATING, IN PART, THE PLAT OF VILLAGE WALK SUBDIVISION. WHEREAS, Village Walk Subdivision has been platted pursuant to Florida Statute Chapter 177 as laid out and as recorded in Plat Book 12, Page 87, Public Records of Indian River County, Florida, and WHEREAS, the fee simple owners of a portion of the Village Walk Subdivision have applied for vacation of a portion of said plat, returning that portion to acreage, and WHEREAS, the portion of the plat to be vacated consists of Lots 17-24, 25-30, and 31-42 of the,Village Walk Subdivision, and WHEREAS, it has been shown that the vacation will not affect the ownership or right o•f convenient access of persons owning other parts of the subdivision, and WHEREAS, notice of the intention to apply to the Board of County Commissioners of Indian River County to vacate a portion of such plat has been published as a legal notice in a newspaper of general circulation in Indian River County in not less than two weekly issues of said paper, and WHEREAS, proof of said publication of the petition for vacation is attached hereto, and WHEREAS, a certificate from the Tax Collector showing that all state and county taxes have been paid on the property is attached hereto, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that: 1. All the above recitals are true and affirmed. 2. Lots 17-24, 25-30, and 31-42 of the Village Walk Subdivision according to the plat thereof, recorded in Plat Book 12, Page 87, Public Records of Indian River County, Florida are returned to acreage. 1 12 Nor ;JUL 11 1989 BOOK1r F1 c RESOLUTION NO. 89-69 3. This vacation shall become effective upon filing of a certified copy of this resolution in the Offices of the Clerk of the Circuit Court and the recording of this resolution in the Public Records of Indian River County. The foregoing resolution was offered by Commissioner Bird and seconded by Commissioner Eggert and, 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 11th day of July , , 1989, INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By nary Wheeler, Chairman ATTEST: r PUBLIC HEARING - SHOPCO REQUEST TO AMEND THE COMP PLAN LAND USE PLAN AND REZONE 82 ACRES The hour of 9:05 o'clock A.M. having passed, the Deputy Clerk read the following Notices with Proof of Publication attached, to wit: 13 VERO BEACH PRESS -JOURNAL Published Deily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. whonoath says the, he is Business Manager of the Vero Beach Press -Journal, a daily newspaperpublished aI Vero Beach in Indian River County, Florida; that the attached Copy of advertisement, being a _ In the matter of Indian River County, FL In the _------• -- Court, was Pub- lished in said newspaper in the issues of Wednesday July 5 1989 Vero Beach Press—Journal Afflant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach. in said Indian River County, Florida. and that thesaidnewspaper 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 ane year next preceding the firs) publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised arty person, turn or corporation any discount, rebate. commission or refund for the purpose of securing this advertisement for Publication in the said newspaper. A Bwmn to and subscribed before me This __----- l raj (Business Me ager, (CItatter (SEAL) Mabry Pulslfe, State of fIvI e Aly Commission Erplrx Amo 99, 19cv 8mded 11- Ug raM.Wuar<q Im 1 NOTICE OF CHANGE �.;. OF LAND USE'' The Board of County Commissioners of Indian River County, Florida, will consider a proposal to change the use of land within the unincorporated portions of Indian River County as shown in the map of the advertisement. A public hearing on the proposal will be held on Tuesday, July 11, 1989, at 9:05 a.m. in the County Commission Chambers of the County Ad- ministration Building, located at 1840 25th Street, Vero Beach, Florida. At this public hearing the Board of County Commis- sioners will consider the adoption of this amendment to the County's Comprehensive Plan. The proposed amendment is in- cluded in the proposed ordinance entitled: . AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY ENLARGING THE STORM GROVE ROAD AND U.S. HIGHWAY #1 COMMERCIAL NODE FROM 10 ACRES TO 92 ACRES; AND PROVIDING FOR CODIFICATION, SEVERABILITY AND EFFECTIVE DATE. Interested parties may appear and be heard at the public hearing regarding the proposed Comprehensive Plan Amend- ' ment. The plan amendment application may be inspected by the public at the Community Development Division offices located on the second floor of the County Administration Building lo- cated at 1840 25th Street, Vero Beach, Florida, between the hours of 8:30 a.m. and 5:00 p.m. on weekdays. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceeding is made which includes the testimony .I and evidence upon which the appeal will be based. k I Le't :uD►eOt Site I , J U L 11 `999 14 J U L 111999 Boor 77 FA.GE 215 VERO BEACH PRESS40111ENAL Published oarly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA KW=-ItalUa WKAWM Nonce 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 m harto9 ro a Mda Mea WIm a . oamy amnancr 1213 I.nd Prom; CL, LImItM 1 ab fuss. Numa..r.mny at Vero Beach In Indian River County, Florida; thal,lhe attached copy of advertisement, beingOl.+lol. CO"�'� Oi.trkO tO CO. GWNwi1 d' tyby y ^�.. -.. , • . BIW or Our I a i P w>� C:n:i ymex pe pelmouma..r o1omewe N ftfA In the al 11.Cn.n 11, Tamtmp 32_ 11.101, R.np. 3p 112+ Scrft a Af'publ a MwM9 wh� matter of �1�A. f1 @II parfln In kWW Wal .a.af..han have .n .ppm ro b. luw. be , ...X.t1�.r..� Will h.a M me ao. er0 f auny Can. mum.nen.l blm.n Riva Couny, Flag in the p Canmlap.n Ch.mbM of tIN l1.tnnon tltn.0 In the ___._ ._ Court. was pub- Va.9..tch, FIW d; Onpld.y.J*11. 1B6BTfxt�tewre''of County oammlmala, may liahed In said newspaper In the issues of li]—A...r�n 1 9 1 9 3 / bnat. tarn Nf«a. aonnq di.Mol a.n fOpY� b0.��?b fl a wwd0 n+0 ..'". Anyai. rNa mq . ro riPpW ay d.Wl.n Aflianl further says that the said Vero Beach Press-Joumal Is a newspaper published at Vero Beach, In said Indian River County. Florida, and that the said newspaper has heretofore been continuously pf;blished insaid Indian River County, Florida, each dally and has been entered as second class mall mal ter al the post office In Vero Beach• in said Indian River Coun- ly. Fiorida• for a perlod of one year next preceding the first publication of the altached copy of advertisement; and alhant further says that he has neither paid nor promised any person, firm or Corporation any dlecount, rebate. commission or refund for the purpose of securing this advertisement for publication in the sold newspaper. Sworn to and subscribed before me this I Cl—VA Jjay ol� A.D. 19 l . (Business Manager) (REAL) (Clark 81[411941mull F.Ourt,T1111111811 River tr OunttiFfiorir•R/doo))1••r�� ••�•.••.••� `_ _• jJolaryTP bps. Sante of FlaWo • . ..r My Conchal" E.plro. June 29. 1999 ...mrd TM, Tro FW. - •... The Board reviewed the following memo dated 6/26/89: TO: James E. Chandler County Administrator DIV ION HEAD CONCURRENCE: Robert M. Kea ing, AIC Community Develo ment irector FROM: Robert M. Loeper Psi - Staff Planner DATE: June 26, 1989 SUBJECT: SHOPCO REQUEST TO AMEND THE COMPREHENSIVE LAND USE PLAN AND REZONE 82 ACRES It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of July 11, 1989. DESCRIPTION AND CONDITIONS: The Shopco Group has submitted a request to amend the Comprehensive Plan and rezone property. The subject property is located at the northeast corner of U.S. Highway #1 and 53rd Street and south of the North Relief Canal. The parcel occupies approximately 82 acres. The request entails changing the existing land use from MD -1, Medium -Density Residential (up to 8 units per acre) to General Commercial Node, and rezoning the property from CL, Limited Commercial; and RM -6, Multi -Family Residential (up to 6 units per acre) to CG, General Commercial District. This request is considered an expansion of the Storm Grove Road and U.S. #1 Commercial Node from 10 acres to 92 acres. 15 The purpose of this request is to secure the necessary land use designation and zoning for a regional shopping center. The applicant is proposing to construct a 747,000 square foot commercial facility as part of a multi -use project that includes 64 residential units. The entire project is to be reviewed as a Development of Regional Impact (DRI). Only that portion of the project designated as commercial is covered in this request. The procedures for reviewing Comprehensive Plan Amendments associated with DRI's are the same as those which are normally used; however, these amendments are exempt from the normal amendment submittal timeframe. The concurrent Comprehensive Plan/Rezoning/DRI review process is outlined in attachment 1. The following steps occur upon completion of the DRI review by the regional planning council. The Planning and Zoning Commission as the Local Planning Agency conducts a public hearing to review the request. The Commission has the option to recommend approval or denial of the comprehensive plan amendment request to the Board of County Commissioners. As is normally the case, the Planning and Zoning Commission may approve or deny a rezoning request. In the case of denial, only the land use amendment request goes on to the Board, unless the denial to rezone is appealed. Following the Planning and Zoning Commission action, the Board County Commissioners (BCC) conducts two public hearings. The first of these two hearings is for a preliminary decision on the land use amendment and to consider the rezoning request. The Board may transmit the request to the State Department of Community Affairs (DCA) if the request warrants further consideration. Once transmitted, the DCA conducts a 90 day review of the request including comments from the Regional Planning Council and neighboring local governments. Failure by the Board of County Commissioners to transmit the request constitutes denial. The second and final Board of County Commissioners public hearing is conducted after the receipt of. comments from the DCA. It is at this time that the Board takes final action to approve or deny the request. On January 26, 1989, the Planning and Zoning Commission voted 5-0 to recommend the enlargement of the node from 10 acres to 92 acres, and the rezoning of 82 acres from CL, Limited Commercial and RM -6, Multi -Family Residential (up to 6 units/acre) to CG, General Commercial for inclusion in the node. On February 28, 1989, the Board of County Commissioners voted 5-0 to transmit this request to the Florida Department of Community Affairs (DCA) for review and comment. On May 10, 1989, the DCA responded to this request with a statement of no objections. ALTERNATIVES & ANALYSIS In this section, an analysis of the reasonableness of the appli- cation will be presented. The analysis will include a descrip- tion of the current and future land uses of the site and sur- rounding areas, potential impacts on the transportation and utility systems, and any significant adverse impacts on environ- mental quality. �I� r JUL 111989 16 soar l F -,,u 2.,76 J U L 111989 Existing Land Use Pattern BOOK 77 PAGE277 The subject property, east of U.S. #1 at 53rd Street and south of the North Relief Canal, is currently occupied by the Whisper Lakes Golf Club and a citrus grove. The parcel contains two zoning designations. That portion of the parcel which abuts U.S. #1 is zoned CL, Limited Commercial District. The CL zoning extends east of U.S. #1 a distance of. approximately 600 feet and occupies approximately 15 acres. The remainder of the parcel, approximately 67 acres, is zoned RM -6. To the north across the Indian River Farms North Relief Canal is the existing 10 acre Storm Grove Road/U.S. 1 Commercial Node. The configuration of this triangular shaped node is such that a tip of the node is adjacent to the subject parcel. Land in the node is zoned CG and includes undeveloped land, a small retail facility and a country gift market. To the north of the subject property and east of the existing node is undeveloped land extending to a depth of about 1500 feet east of U.S. 1; the land use east of this is citrus. This property is zoned RM -3, Multi -Family Residential (up to 3 units per acre) along the east side of the U.S. 1 right-of-way and RS -3, Single -Family Residential (up to 3 units per acre) further east. East of the subject property is the River Club portion of the Grand Harbor Development. While platted for single-family home development, this property has RM -6, multiple family zoning. This area also contains part of the River Club Golf Course. Property to the south, across 53rd Street, is currently zoned RM -6 and is planted with citrus. West of the subject property, across U.S. 1, is undeveloped property which is zoned IL, Light Industrial. Future Land Use Pattern The subject parcel and all lands located east and south are designated by the Comprehensive Plan as MD -1, Medium -Density Residential 1 (allowing up to 8 units per acre). Land to the west, across U.S. 1, is designated MXD, Mixed Use. The lands to the north are designated as LD -1, Low -Density Residential 1 (allowing up to 3 units per acre). Also to the north is the Storm Grove Road/U.S. 1 Commercial Node. The node is currently designated at 10 acres. Transportation System U.S. Highway 1 forms the western boundary of the subject parcel. This highway is classified as a principal arterial on the County Thoroughfare Plan and is a four lane divided highway in this area. U.S. 1 is currently operating at a Level of Service (LOS) "A" along the segment adjacent to this site. Fifty-third Street which forms the southern limits of the subject parcel has two roadway classifications. That portion east of U.S. 1 (which is adjacent to the site) to the proposed Indian River Boulevard is classified as a principal arterial on the Thoroughfare Plan; however, it is currently a two lane road. West of U.S. 1, 53rd Street is classified as a minor arterial. At the present time the road only extends westward to Old Dixie Highway. The County Thoroughfare Plan also identifies the northern extension of Indian River Boulevard, a principal arterial, extending north and terminating at 53rd Street just east of the U.S. 1 intersection. This new roadway is designed to be a four lane divided roadway and is expected to provide an alternative to U.S. 1. 17 Environment This property is not designated as environmentally sensitive by the County Comprehensive Plan, nor is it prone to flooding. There are, however, several man-made lakes with marginal littoral areas on the site. Htilities Currently, public water and wastewater are not available at the subject site. However, water and wastewater facilities are located within a reasonable distance from the site. The nearest county water lines are located at the U.S. 1 entrance to Grand Harbor, approximately 3/4 of a mile south of the subject property. Water lines are expected to be expanded along the Indian River Boulevard extension. The nearest county sewer lines are also located at the Grand Harbor U.S. 1 entrance. Expansion of these lines the 3/4 mile to the subject site would require a force main and lift station. Analysis The subject parcel is the proposed site for a regional shopping facility. Because of the scope of such a facility, DRI review has been conducted simultaneously with the land use and rezoning amendment analysis. As such, the DRI Application for Development Approval (ADA) and the staff review of the application address the potential impact of the proposed project as well as site issues and required improvements. In analyzing the request for the land use change and rezoning, staff has focused on several key issues. One issue is regional mall land availability. The Urban Land Institute estimates. that shopping centers require about 10 acres of site for each 100,000 square feet of building area. Since regional malls are usually 750,000 square feet or larger, a regional mall would therefore require a site of at least 75 acres. Site requirements, of course, are also influenced by local land development and site plan regulations that determine the required parking, loading, circulation, open space and drainage areas needed to support this size shopping facility. Using this standard, the subject parcel would be adequate for a regional shopping facility. A review of land uses reveals a total of 561 acres in 12 existing commercial nodes. Of this total, 400 (222 acres) is presently in a vacant state. This does not include commercially designated land in the Mixed Use Districts, or the commercial/industrial nodes. Thus, there is an adequate supply of vacant commercially designated land to meet the growing needs of county businesses. General commercial land is also available in proximity to this site. The North Gifford/U.S. 1 node, at the entrance to Grand Harbor contains approximately 95 acres of which 2/3 is currently. vacant or planted in citrus. Further review of commercially designated lands reveals that no one node, except the large commercial/industrial nodes at the interstate, contains both an adequate supply of vacant land (over 75 acres) which is also in a configuration suitable for a regional shopping mall. Therefore, accommodating a mall in the urbanized area of the county would require redesignating property to commercial. For that reason the subject request appears reasonable. JUL1 1 1999 18 i'7 Roc, � c JUL 111989 Boor 77 PAGE279 Since the comprehensive plan did not provide commercially designated areas adequate in size to accommodate a regional mall, there appears to have been an oversight in preparing the plan. Generally, the staff has applied a three part test to evaluate comprehensive plan amendments in the past. It has been staff's position that a plan amendment would be warranted if it can be shown that there was either a mistake or an oversight in initial plan preparation or a change in conditions since then. The lack of mall sites appears to be an oversight justifying the amendment request. The second major issue is the compatibility with existing development patterns. Large scale facilities such as the one proposed must be located in proximity to the population it serves. There are several areas in the county which could be used for the proposed use, but there is arguably no one 'best site'. The subject site provides the benefit of being between the two urban centers of the county. Being located in the urbanizing area between Vero Beach and Sebastian, the subject property constitutes a central location which could result in shorter trip lengths - a transportation planning objective. The third issue is the adequacy of services and facilities. At the present time the public infrastructure (roads, water, sewer) would not be adequate for this large a facility. However, the site is located within an urban service area where such services are planned. The thoroughfare plan depicts major roadways adjacent to the site, and these, when in place, can accommodate projected traffic demand. Water and sewer service, while currently not available, are programmed for or capable of being extended to this site. These issues, while important in the consideration of this request, are covered in detail in the DRI process. The fourth issue is the impact on area land use patterns. It is likely that a facility such as proposed would act as a catalyst for additional development in the vicinity. With the county's nodal approach, however, future commercial development would have to occur only in established nodes. Conclusion It has been demonstrated that regional malls are special land uses which have minimum size needs. Because of the lack of undeveloped commercially designated land sufficient in size to accommodate a regional mall, the staff acknowledges the need to redesignate land in the county so that a mail can be accommodated. The subject site meets the criteria for designation of a mall site. It is within an urban service area, has access to major roadways, is centrally located, and is not within an environmentally sensitive area. While staff feels that the subject property is appropriate for a mall, the staff feels that the site should not be used for general commercial development which does not have the size requirements of a mall. Because this request is part of a DRI, the county has certain control which is not available in a normal rezoning or plan amendment. That control involves conditioning the DRI development order. In this case since the county does not want the subject property available for general commercial use (for which there is sufficient land currently available) if a mall is not constructed, the staff feels that the development order should provide sufficient time for the county to redesignate and rezone the property if a mall is not constructed. With that condition, the request is acceptable. 19 M - r r RECOMMENDATION Based on the above analysis, including the Planning and Zoning Commission's recommendation and review by the DCA, staff recommends that the Board of County Commissioners amend the Comprehensive Plan to include the subject property in the commercial node and rezone to CG, General Commercial. Commissioner Bird understood that part of staff's recommen- dation for approval is the reverter on the zoning if the mall is not built, but Robert Keating, Director of Planning 8 Development, explained that it is not a reverter per se, it is allowing for the reversion of it. It is just an acknowledgement that if the mail is not constructed, there is a sufficient period of time for the Board to take action and to redesignate the land to residential. Commissioner Bowman asked if this is going to be changed in our new Comp Plan since it is not presently within an urban service area, and Director Keating explained that it is within what we are proposing as an urban service area in the new Comp Plan. 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. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously adopted Ordinance 89-18, amending the Land Use Element of the Comprehensive Plan by enlarging the commercial node at U.S. #1 and the North Relief Canal from 10 acres to 92 acres. 20 J J U L 111989 Boor 7 7 P,1LsE ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously adopted Ordinance 89-19, rezoning property generally located on the east side of U.S. #1 between 53rd Street and the North Relief Canal from CL, Limited Commercial District, and RM -6, Multi -family Residential District (up to 6 units/acre) to CG, General Commercial District, Commissioner Eggert asked the status of the right-of-way acquisition on Phase III of Indian River Boulevard. Public Works Director Jim Davis advised that the appraisals are in the title policies have been written for the individual parcels, and we are in the process of extending some offers to the property owners at the appraised value. Basically, the permitting is on hold until the County secures the right-of-way in the mitigation areas. The agencies have indicated that they are going to go ahead and take the review to completion, but they will not issue the permit until we secure the land, which we hope will be in 1-2 months. We have retained outside legal services for the condemnation process if it goes that way, but we hope they will accept our offer. Director Davis emphasized that the timetable really depends on the right-of-way acquisition. Commissioner Scurlock didn't want to see us get into endless negotiations, but Director Davis advised that we plan to make one offer at the appraised value, and if they don't respond within a month, we will go ahead and file a quick -taking. He felt a reasonable timeframe for people to drive to the hospital on Phase III would be sometime during 1991. To be able to drive to 53rd Street by the end of the next year, 1991, would depend on our budget and how much the right-of-way acquisition is going to cost. 21 Commissioner Scurlock pointed out that once that cost is established, we have the ability to rethink our impact fees in terms of the total capital costs within that zone. Director Davis explained that there are 3 sources of funding to build Phase III: 1) Zone 5 impact fees; 2) Local option gas taxes; 3) $550,000, so far, from the DOT under the Local Government Cooperative Assistance Program, ORDINANCE NO. 89-18 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN; ENLARGING THE COMMERIAL NODE AT U.S. #1 AND THE NORTH RELIEF CANAL FROM 10 ACRES TO 92 ACRES; AND PROVIDING FOR CODIFICATION, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, Chapter 163 of the Florida Statues requires that local governments prepare and adopt Comprehensive Plans; and WHEREAS, the Board of County Commissioners has adopted a Comprehensive Plan pursuant to Florida Statutes; and WHEREAS, Florida Statues provide for the amendment of Comprehensive Plans twice per,.calendar year; and WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency, has held public hearings and made recommendations concerning these amendments; and WHEREAS, the Board of County Commissioners has held public hearings at which parties in interest and citizens were allowed to be heard; and WHEREAS, the Board of County Commissioners has determined that these amendments are consistent with the general spirit and intent of the County's Comprehensive Plan; NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, and the accompanying Land Use Map, be amended as follows: r'"' � JUL 11 198 22 MCI o � L- J U L 111989 ORDINANCE NO. 89- 18 SECTION 1 The section entitled "Winter Beach/Gifford Area" on pages 35-36 of the Land Use Element of the Comprehensive Plan is hereby amended as follows: A tOAI (OY ninety-two (92) acre commercial node is located on the east side of U.S. #1 yi45iEM on either side of the north relief canal. CODIFICATION The provisions of this ordinance shall be incorporated into the County Code and the work "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intentions. SECTION 3 SEVERABILITY If any section, part of a sentance, paragraph, phrase or word of this ordinance is for any reason held to be unconstitutional, inoperative or void, such holdings shall not affect the remaining portions hereof and it shall be construed to have been the legislative intent to pass this ordinance without such unconstitutional, invalid or inoperative part. CODING: Words intype are deletions from existing law. Words underlined are additions. 23 M M ORDINANCE NO. 89- 18 EFFECTIVE DATE The provisions of this ordinance shall become effective upon receipt from the Florida Secretary of State of official acknowledgement that this ordinance has been filed with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 11th day of July 1989. This ordinance was advertised in the Vero Beach Press -Journal on the 5th day of July , 1989, for a public hearing to be held on the 11th day of July , 1989, at which time it was moved for adoption by Commissioner Eggert , seconded by Commissioner Scurlock , and adopted by the following vote: Chairman Gary C. Wheeler Vice Chairmand Carolyn C. Eggert Commissioner Richard N. Bird Commissioner Margaret C. Bowman Commissioner Don C. Scurlock CPA Ord. ZC-272 pnot2 in in Rive Cc, Approved Date Admin, %'-S i egai 6^21M 9udaet I At C) tip t. Rask Mgr. Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER `COUNTY By: Gary C. W ler, Chairman IT Acknowledged by the Department of State of the State of Florida this 17th day of July , 1989. Effective Date: Acknowledgment from the Department of State received on this 19th day of July , 1989, at 11:00 A.M./P.M. and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. 24� J U L 111989 Boos t' r=4 �l e BOOK d P479—VI JUL 111999 - ORDINANCE NO. 89- 19 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FROM CL, LIMITED COMMERCIAL DISTRICT AND RM -6, MULTI -FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS/ACRE) TO CG, GENERAL COMMERCIAL DISTRICT, FOR THE PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF U.S. #1, BETWEEN 53RD STREET AND THE NORTH RELIEF CANAL, AND DESCRIBED HEREIN, AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, The Planning and Zoning Commission, sitting as the local planning agency on such matters, has held a public hearing and subsequently made a recommendation regarding this rezoning request; and WHEREAS, The Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property; and WHEREAS, The Board of County Commissioners has determined that this rezoning is in conformance with the Land Use Element of the Comprehensive Plan of Indian River County; and WHEREAS, The Board of County Commissioners has held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian River County, Florida, that the Zoning of the following described property situated in Indian River County, Florida, to -wit: That part of the southwest one-quarter of Section 14, Township 32 South, Range 39 East, lying South of the North Relief Canal and East of U.S. Highway Number 1 (S.R.N. 5), said lands lying and being in Indian River County, Florida. LESS AND EXCEPT: Harbor Town Center, Parcel 2 described as follows: Commence at the northeast corner of the southwest one-quarter of Section 14, Township 32 South, Range 39 East, Indian River County, Florida; thence run south 00 degrees 49' 21" west, along the east line of said southwest one-quarter; a distance of 315.98 feet to a concrete monument on the south right-of-way line of the INDIAN RIVER FARMS WATER MANAGEMENT DISTRICT North Relief Canal for the Point of Beginning of the parcel to be described herein; thence continue south 00 degrees 49' 21" west, 945.33 feet; thence leaving the said east line of the southwest one-quarter, run north 89 degrees 10' 39" west, 130.00 feet; 25 77 ORDINANCE NO. 89- 19 then north 55 degrees 30' 00" west, 621.00 feet; thence north 85 degrees 36' 00" west, 300.00 feet; thence north 27 degrees 25' 31" west, 70.39 feet to a point on the south line of the said North Relief Canal; thence following said line, run north 62 degrees 34' 29" east 1010.70 feet; thence on a curve to the right, having a radius of 917.71 feet and a central angle of 06 degrees 09' 14", run an arc distance of 98.57 feet to the point of beginning. Be changed from CL, Limited Commercial District and RM -6, Multi -Family Residential District (up to 6 units/acre) to CG, General Commercial District. All with the meaning and intent and as set forth and described in said Zoning Regulations. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this day of , 1989. This ordinance was advertised in the Vero Beach Press -Journal on the 19th day of June , 1989, for a public hearing to be held on the 11th day of July , 1989, at which time it was moved for adoption by Commissioner Eggert , seconded by Commissioner Scurlock , and adopted by the following vote: Chairman Gary C. Wheeler Aye Vice Chairman Carolyn C. Eggert Axe Commissioner Richard N. Bird Aye Commissioner Margaret C. Bowman Ave Commissioner Don C. Scurlock Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By Gary C Wheeler, Chairman ATTEST BY:O.L� .� Ony K B RT N 1 Acknowledgment by the Department of State of the State of Florida this 17th day of July , 1989. Effective Date: Acknowledgment from the Department of State received on this 19th day of July , 1989, at 11:00 . A:M./P.M. and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY. William G. Collins II, Assistant County Attorney f� Robert M. Keati Director, Commu i,yA'Qp1 tvelopment 26 ,JUL 11 1999 Indian Sive % A;proved Date Admin. �vd�ei Dept. q�sk Mgr. rlufjT BOOR 77 P,1u 28 PUBLIC HEARING - PURCHASE OF LAKE DELORES UTILITIES 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 1 `.^~� 1i Via. PUBLIC NOTICE ' : = ',. t r" On Tuesday, July -11, 1889, at 9:05 A. the. a Board of Cour►ty.Commiasionere of Indian Rhw in the matter ofC82At dbQeC.. e� Counly,.Florida will meet In the County Admin-: tondt pWAa by the County Beach" ocsie at uStreet Vero (NELSON H Y AT T WATER & SEWER UTILITIES } the•Lake Delores.Utllity System, Including car -, fain real. property and. equipment, for a .total Ap Interested are in- price oi-5777,000_ par0es ming�vited toatdaP rinngcon a SERVING PARK PLACE MOBILE HOME PARK purchase, time thewill make presentation pursuant to 125.3401, Florida Stat- in the Court, was pub- utes, regarding the advisability of this purchase. Qmonth, ' (o ( It is contemplated that a surcharge of $10.00 per per customer on the, customers of the Lake Delores Uglily System will be used to fund fished in said newspaper in the issues Of * this purchase., :.;t ;. ,,: ,.• ,,; .,. , _.; ;`t:: ,,.., ,,. 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 proceed - Inge is made, which includes testimony and evi- further says that the said Vero Beach Press -Journal is a newspaper published at p p Jue9 16 which the appeal is based..,. . denceAffiant June 9,16,1898 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. j_ZP)da Sworn to and subscribed before me this -J of , A.D. 19 ell (Business ,Manager) (ClerLaL1ho-6ifeeit-Court tndtanrRiver County, Florida} (SEAL) Notary Public, Slots of Florida My Commission Expires June 29, 1999 Ze wvd Thru Troy Faln . Infvrancr Inc. 27 The Board reviewed the following memo dated 6/2/89: DATE: JUNE 2, 1989 TO: JAMES E. CHANDLER COUNTY ADMINISTRATO FROM: TERRANCE G. PINTO (_)�j DIRECTOR OF UTILI SERVICES PREPARED & STAFFED BY: HARRY E. ASHER ASSISTANT DIRECTOR OF ADMINISTRATION DEPARTMENT OF UTILITY SERVICES SUBJECT: ACQUISITION OF NELSON HYATT WATER AND SEWER UTILITIES SERVING PARK PLACE MOBILE HOME PARK (FORMERLY LAKE DELORES UTILITY SYSTEM) BACKGROUND: The Nelson Hyatt Water and Sewer Utilities currently serves approximately eighty customers within the Park Place Mobile Home Park, 9605 U.S. Highway 1, The Wastewater Treatment Plant is an 0.130 million gallons per day (MGD) extended air treatment process wastewater plant. The Water Treatment Plant is an 0.100 MGD .water plant; it is an aeration/chlorination type plant with a raw water feed. The utility has been through a bankruptcy and repossession during the past twelve months. The utility -wishes to sell the system and, as a result, the County has been negotiating its purchase. The negotiated price at this time is $777,000.00. ANALYSIS: The County's policy has been to acquire such privately held utilities and to expand its regional and subregional water and wastewater facilities. Acquisition of this system will assist us in implementing this policy for the North County area. Acquisition costs are to be financed at no interest through a surcharge of approximately $10.00 per customer per month, for a period of ten years. Based upon an average usage of 3,000 gallons per month per customer paying current Indian River County rates, plus the estimated $10.00 per customer per month surcharge, the customers would realize an estimated increase of $5.08 in their monthly charges. RECOMMENDATION• The staff of the Department of Utility Services recommends that the Board of County Commissioners conceptually approve the proposed purchase agreement, based upon the outcome of the Public Hearing. 2 8 BOOK. �tl FrRLC 1�'J��.i 'JUL 111999 L 111989 989 BOOK 77 P,�GE 283! Terry Pinto, Director of Utility Services, explained that the Lake Delores utility system is located within the City of Sebastian and falls under the terms of the franchise issued by that city. Their franchises are written a little bit differently than ours with regard to provisions for the purchase of the utility. The purchase price is based on the value of the system itself. This facility has changed hands and names several times. It went into bankruptcy, and the present owner, Nelson Hyatt, got back all the assets through bankruptcy. Over the past 6 months we have negotiated a method of purchasing this system that would not affect any of the existing customers of the county utility system in a negative way and would be something that the present customers within the Lake Delores system could live with. The total potential build -out of the mobile home park is 650 units, but there are only 100 units at present. State statute requires us to go through various steps to analyze the value and the assets of a utility and what it would do to our system if we purchase it and bring it into our system. Director Pinto emphasized that because of its location, the acquisition of this utility is very crucial to the planning for the north county utility system. Commissioner Scurlock asked how our purchase price compares to the original cost, and Director Pinto explained that the maximum value of $777,000 doesn't mean that Mr. Hyatt is going to be paid that much. The purchase price is based on a surcharge of $10.00 per unit over a maximum of 10 years. This means that the owner would get only $10.00 for every unit that is in place at the end of that 10 -year period. We projected out what we thought was a fairly liberal build -out schedule for the park, and even with that, the maximum purchase price would be around $600,000. However, if it did build out quicker, he would be allowed a maximum price of $777,000, but we doubt very much if that would take place. In any event, the total price would not exceed $777,000, and in all probability, it would be lower than that. 29 Lengthy discussion ensued regarding the acquisition of a facility with such a low customer base, and Director Pinto emphasized that the primary concern is the consolidation of all the systems up there. Commissioner Bird felt that the agreement needs to be elaborated on, because as it reads now, it makes it sound like there are only 80 customers in the system when there is a potential 650 customers in the system. He felt that should be spelled out in the agreement. Further, the purchase price should read "up to $777,000." Director Pinto explained that the agreement sets that out very specifically. Commissioner Eggert couldn't understand why staff's recommendation, as set out in the above memo, is asking for "conceptual" approval of the purchase agreement, and Director Pinto stated that they are not asking for conceptual approval because the purchase price is $10.00 per month per unit for 10 years, not to exceed $777,000. That is what the purchase price is, and that is how the agreement is written. Commissioner Scurlock emphasized that staff is not looking for conceptual approval for these two items today. They are looking for approval to purchase the system and adoption of an ordinance establishing the surcharge. Attorney Vitunac felt that what the memo meant was that staff wants the Board's approval subject to the public hearing and someone in the audience saying otherwise. What is being requested is the Board's authority to sign this agreement and have a closing at the end of this month. Commissioner Bird was also concerned that the owner of the facility would be getting a free ride when it came to impact fees, but Director Pinto and Commissioner Scurlock assured him that was not the case, and that all impact fees would be paid at the appropriate time. J U L 111989 30 mox 77 f'Acr X90 MOK 17 rnE 291 Chairman Wheeler opened the Public Hearing, and asked if anyone wished to be heard in this matter. There were none. Commissioner Bowman was concerned about the County buying a another rinky dink operation, but Commissioner Scurlock emphasized that no public funds are being used to acquire any of these systems. He pointed out that some of these franchises were approved way back when, whereas current franchises do not allow for this to happen. In fact, the existing franchises that we approve entertain all the acquisition provisions and all the renewal/replacement, and require all those escrow monies to be in place. He wanted to make it clear on -the record that Indian River County does not allow franchises to be issued today to leave all those deficiencies as a possibility. Director Pinto pointed out that we have come a long way in getting rid of these little franchises. We had about 130 facilities at one time, and now we are down to less than 60. In fact, he would recommend that we not issue any more franchises. Commissioner Bird wanted it made clear in the agreement that after we buy the system any expansion of that system that is done to accommodate those other approximately 600 lots will be done at the developer's expense and not at the expense of the County Utility Services Division. Attorney Vitunac advised that it is automatically covered by our standard policy. It will be a county facility, and if somebody wants to add customers to it, they would have to do the line extension themselves. Commissioner Bird asked how it would affect this agreement, if that policy was changed in a year or so, and Attorney Vitunac explained that if a developer wants future connections, he will have to come in with a developer's agreement. It will be a developer connecting.to a county utility, and it will be done in a standard way. Commissioner Scurlock felt that the Commissioners don't want the residents to become upset when they read in the paper that 31 the County Commissioners paid $777,00 for a little system with only 80 units on it. He asked Attorney Vitunac if there is anything we could include in the agreement that would give Commissioner Bird a little more comfort, and Attorney Vitu.nac advised that you can emphasize that not one dollar of public funds is being spent to buy this system. We are taking over their system August 1, 1989, and they are giving it to us for the promise for us to charge their own customers $10.00 a month to pay back to them for 10 years. Director Pinto didn't want to reopen the negotiations on the agreement and have to go back and get Nelson Hyatt's signature again. If there could be an addendum, that would be fine. Commissioner Bird stated he was convinced after talking with Director Pinto yesterday and hearing all of this in—depth dialogue today re impact fees, future connections, etc., that the acquisition is basically a good deal for the County Utility Division and that he would vote to approve the agreement. Commissioner Bowman asked why the surcharge is to be in effect for no more than 10 years, and Director Pinto explained that we don't want them to receive more than what we think the value of the system is. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously approved the purchase agreement at a price not to exceed $777,000 with the understanding that it is the developer's responsibility for any expansion of pipe lines within that system. PURCHASE AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE ,JUL 11 1999 32 BOOK, *7 JUL 111989 [BOOK T1 FAA 203 PUBLIC HEARING - ORDINANCE ADOPTING A SPECIAL SURCHARGE RATE FOR THE PROVISION OF WATER AND WASTEWATER BY THE IRC UTILITIES DEPT. TO THE CUSTOMERS IN THE AREA FORMERLY SERVED BY LAKE DELORES II71711 ITIt=C 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 PRESS401.1I1NAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Beforb 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,'Fiorida; that�the attached copy of advertisement, being a _ in the matter of •-�U ' 1 ^ . e (NOW KNOWN AS NELSON HYATT WATER & SEWER UTLLITIES) serving Park Place Mobild Home Park in the (�" Court, was pub- lished in said newspaper in the issues of 1 19 D 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, fora 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. �► q Sworn to and subscribed before me this _L�`-rti day of A.D. 19 C, (Business Manager) n (Gerk.o>=the-C� unty,.Flnrida) — (SEAL) The Board of County Commissioners of Indian River County, Florida, hereby provides notice of, a Public Hearing scheduled for9:05 'A.M. on .:Tuesday, July 11, 1,889,.to,discuss,a proposed ordinance entitled:,» AN ORDINANCE OF INDIAN 'RIVER' COUNTY FLODASUR RATE FOR THE .PROVISION OADOPTING A SPF W TER ANDD. WASTEWATER BY THE INDIAN RIVER ! COUNTYUTIIJTIEW'DEPARTMENT':TO �THEs' CUSTOMERS IN _THE AREA FORMERLY, SERVED BY LAKE DELORES UTILITIES. a . Anyone who may wish to appeal any decision" which may be made.at this w1U treed tp ensure that a,verbeim recdrd•of a proceede Ings 18. made, which includes twig" and dente upon which the appeat Is, based, a June 9, 1989,0,94.W11.,• j;A ;,p, 2 y Administrative Assistant Liz Forlani read aloud the title of the proposed ordinance. Chairman Wheeler opened the Public Hearing, and asked if anyone wished to be heard in this matter. There were none. 33 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously adopted Ordinance 89-20, adopting.a special surcharge rate for the provision'of water and wastewater by the Indian River County Utilities Department to the customers in the area formerly served by Lake Delores Utilities. ,JUL 111989 34 POGO 1 F'A0F�U JUL 11 77 F'aGt ORDINANCE NO. 89- 20 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, ADOPTING A SPECIAL SURCHARGE RATE FOR THE PROVISION OF WATER AND WASTEWATER BY THE INDIAN RIVER COUNTY UTILITIES DEPARTMENT TO THE CUSTOMERS IN THE AREA FORMERLY SERVED BY LAKE DELORES UTILITIES. 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 and wastewater utility bill of the customers of the former Lake Delores Utilities franchise territory, which surcharge shall not exceed an additional $10.00 per month per equivalent regidential unit (ERU) over and above the County water and wastewater utility rate. SECTION 2. SURCHARGE LIMITS The surcharge shall be in effect for no more than ten years from August 1, 1989. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 11th day of July, 1989. This ordinance was advertised in the Vero Beach Press Journal on the 9th day of June, 1989, for a public hearing to be held on the 11th day of July, 1989, at which time it was moved for adoption by Commissioner Eggert seconded by Commissioner Scurlock , and adopted by the following vote: Chairman Gary C. Wheeler Aye Vice Chairman Carolyn K. Eggert Aye Commissioner Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Margaret C. Bowman Aye BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Attest: By o CaryW gee lI er '- Chair an 'e- aLW-Bar o n , -CTe k 35 INITIATION OF CODE CHANGES TO REGULATE MINIATURE GOLF COURSES AND OTHER UNENCLOSED COMMERCIAL AMUSEMENTS The Board reviewed the following memo dated 6/26/89: TO: The Honorable Members of Board of County Commissioners DIVISION HEAD CONCURRENCE: Ro ert M. Reati g, (CP Community Development Director FROM: Stan Boling, AICP Chief, Current Development DATE: June 26, 1989 SUBJECT: REQUEST TO DIRECT STAFF TO INITIATE CODE CHANGES TO REGULATE MINIATURE GOLF COURSES AND OTHER UNENCLOSED COMMERCIAL AMUSEMENTS It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of July 11, 1989. DESCRIPTION AND CONDITIONS: The County's existing zoning code regulates "unenclosed commercial amusement" uses, which are specifically defined to include "...drive-in theaters, miniature golf courses, golf driving ranges, animal or vehicular race tracks, amusement parks and stadiums". Presently, unenclosed commercial amusements are allowed by special exception in the CH zoning district, and as permitted uses in the IL and IG districts. Commercial amusement uses are permitted in the CG district "... excluding drive-in theatres and similar unenclosed commercial amusement facilities". Until a recent court decision and subsequent action by the Board of Zoning Adjustment, staff had interpreted the CG district exclusion to prohibit unenclosed commercial amusements such as drive-ins and miniature golf courses in the CG district. However, a site plan applicant owning CG zoned property upon which he intends to build a miniature golf course, appealed staff's inter- pretation to the Board of Zoning Adjustment which upheld staff's position in September 1988. The applicant appealed the Board of Zoning Adjustment's decision to the circuit court and in April 1989 the court rendered a decision which considerably narrowed the County's ability to prohibit unenclosed commercial amusement projects from the CG district. The Court's decision stated that only uses demonstrated by the County to be similar to drive-in theaters could be excluded from the CG district. Upon re -hearing the original appeal under the Court's guidelines, the Board of Zoning Adjustment found (at its June 1989 meeting) that miniature golf course uses are not similar to drive-in theater uses. ANALYSIS: The result of the recent Court ruling and Board of Zoning Adjust- ment determination is that County regulation of unenclosed commer- cial uses in the CG district is now shaky at best. Furthermore, the result of these decisions is that a miniature golf course may be built as a permitted use in the CG district while a similar JUL 11 1999 36 MCI � JUL I 11989 EOOK 77 F'.�GF. 29 d project in the CH district (which allows more intense uses) would require special exception approval. Thus, without modification, the, code will have to be applied in an "unbalanced" manner. It is staff's opinion that unenclosed commercial amusements have certain characteristics that warrant special regulation. Specif- ically: hours of operation, and light and noise effects on sur- rounding neighborhoods and roadways are among staff's concerns in regard to location and development of such uses. In staff's opinion, more specific regulations should be included in the zoning code to address adverse effects of outdoor amusements that can potentially generate light, noise, and aesthetic nuisances. RECOMMENDATION: Staff recommends that the Board of County Commissioners direct staff to initiate and draft a zoning code text amendment that more specifically addresses and regulates unenclosed commercial amuse- ments. MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Scurlock, that the Board direct staff to initiate and draft a zoning code text amendment that more specifically addresses and regulates unenclosed - commercial amusements. Under discussion, Commissioner Bird wanted staff to take another look sometime in the future at where we are allowing or not allowing some of these outdoor recreational type uses, because he felt that in some cases we are being too restrictive on where they are allowed. Robert Keating, Director of Planning & Development, advised that staff is looking at allowing them in more zoning districts as special exceptions. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. 37 r � � AGREEMENT WITH FELLSMERE VOLUNTEER AMBULANCE SERVICE, INC. TO PURCHASE AMBULANCE FOR USE OF IRC ADVANCED LIFE SUPPORT The Board reviewed the following memo dated 6/26/89: ------------------------------------------------------------------- T0: James Chandler DATE: June 26, 1989 County Administrator SUBJECT: Approval of Agreement with Fellsmere Volunteer Ambulance Service, Inc., to Purchase Ambulance for Use of Indian River County Advanced Life Support FROM: Doug Wright, Director Emergency Management Services ------------------------------------------------------------------- It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next regular scheduled meeting. DESCRIPTION AND CONDITIONS Pursuant to Chapter 401, Florida Statutes, Indian River County each year receives a portion of funds that are collected from add on charges to traffic citations for improvement and expansion of the EMS service. The funds are then allocated by HRS to the County through the Emergency Medical Services (EMS) County Awards Program. To receive the funds, a grant application is completed by the EMS Director detailing how the grant funds will be used to enhance the EMS system in the County. Fellsmere Volunteer Ambulance Service formerly served the North County area. Since it now only serves the community of Fellsmere and surrounding locations as a primary response area, an emergency transport vehicle has been identified as surplus and offered to the County for purchase in the amount of $8,500. The ambulance is a 1985 Ford Type III Modular, VIN #IFDKE30L2FHA3888. The County ALS EMS service would like to purchase the vehicle for utilization as a back up emergency transport vehicle. It is anticipated that County Awards Funds will be utilized for this purpose. The Funds from the EMS County Awards Program will not be available until after October 1, 1989, to pay for the ambulance. The Fellsmere Volunteer Ambulance Service has agreed to release the vehicle to the County and accept delayed payment. Staff feels and Fellsmere agrees that the attached Agreement To Purchase should be executed by the respective parties. The sum of $370000 is anticipated from HRS in the form of the County Awards Program Grant and staff recommends use of $8,500 from the Grant to purchase the ambulance. ALTERNATIVES AND ANALYSIS The Indian River County Advanced Life Support Service currently does not have a back up emergency transport vehicle. When one of the eight on line primary units requires mechanical repair or preventive maintenance, in most cases the response location is out of service until the repairs are made. This problem adversely impacts the pre- hospital emergency medical service to the citizens in need in the community in terms of response time. JUL 111989 38 ;q,;C �, L- L iJUL 111989- BooK 77 F-aI,JE293 The back up emergency transport vehicle will be available to augment any provider who requires the ambulance to remain in service. Since additional ALS medical equipment has been purchased for the service, the equipment will be loaded on the back up unit so that it will be immediately available. This will provide the EMS Director some flexibility in keeping all primary units on line all -the time as well as additional equipment should a manmade or natural disaster occur. RECOMMENDATION Staff recommends that the Hoard of County Commissioners approve the purchase of the emergency transport vehicle from the Fellsmere Volunteer Ambulance Service with payment to be made subsequent to October 1, 1989, with funds from the County Awards Program Grant in the amount of $8,500. Staff also recommends that the Chairman be authorized to execute the Agreement between the Fellsmere Volunteer Ambulance Service, Inc., and Indian River County so that the vehicle can be put into service immediately. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved staff's recommendation for the purchase of the vehicle, as set out in the above memo. 39 A G R E E M E N T BETWEEN INDIAN RIVER COUNTY FELLSMERE VOLUNTEER AMBULANCE SERVICE, INC. RE: PURCHASE OF AMBULANCE THIS AGREEMENT, made this--llth__day of ..... July....... 1989, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, 1840 25th Street, Vero Beach, F1. 32960, (407) 567-8000 (COUNTY), and FELLSMERE VOLUNTEER AMBULANCE SERVICE, INC., a corporation of the State of Florida, 56 North Broadway, Fellsmere, F1. 32948, (407) 571-0808 (AMBULANCE SERVICE), W I T N E S S E T H: WHEREAS, COUNTY has been notified that it will receive approximately $37,000 through the Emergency Medical Services (EMS) County Awards Program, of which $8,500 has been designated for the purchase of a 1985 Ford Type III Modular Ambulance, Vehicle I.D. #IFDKE30L2FHA3888 from the AMBULANCE SERVICE; WHEREAS, the grant of funds will not be available until 'after October 1, 1989, yet the ambulance is needed immediately by the COUNTY for use by the Advanced Life Support service; and WHEREAS, the AMBULANCE SERVICE is willing to transfer title to the ambulance to the COUNTY immediately with the understanding that the funds will be paid upon receipt in the next fiscal year from the Florida Department of Health and Rehabilitative Services (HRS); NOW, THEREFORE, for and in consideration of the mutual covenants contained herein the COUNTY and the AMBULANCE SERVICE agree as follows: 1. AMBULANCE SERVICE will transfer title to the referenced ambulance immediately . 2. COUNTY will transfer the referenced funds to the AMBULANCE SERVICE upon receipt from the HRS. Date- July 11, 1989 - BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By �---- ary Wheeler Chairman Date Indian River Ca Approved Date Admin. -2 S Legal Ics Budget Dept. Risk Mgr. (Seal) FELLSMERE VOLU TE AMBULANCE SE VIC I (Seal) yg 0 AJy,j ,I 'a a of nmida My Commission E -pyres Ian. ?, 1993 eonded Thra Troy FaIn . 1680wnc9 Inc; 40 BOOK l PA,t J U JUL 111989 989 my Ti F.aJ3r 301 RESOLUTION REAUTHORIZING IMPOSITION OF COUNTYWIDE E911 FOR RECURRING AND NON-RECURRING CHARGES OF E911 SYSTEM The Board reviewed the following memo dated 6/27/89: TO: James Chandler County Adm'nistrator FROM: Doug Wright, Director Emergency Management Services DATE: June 27, 1989 SUBJECT: APPROVAL OF RESOLUTION REAUTHORIZING IMPOSITION OF COUNTYWIDE E911 FEE FOR RECURRING AND NON-RECURRING CHARGES OF E911 SYSTEM REFERENCES: Chapter 365.171, Florida Statutes, Indian River County Resolution 88-116, and Rule 13C-5.01 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 The Florida Legislature in 1987 passed legislation entitled "The Florida Emergency Telephone Act", which permits county governments to impose an E911 fee on all residential and business telephone lines to pay for recurring and non-recurring charges associated with the operation of the E911 system with a cap of $.50. The act authorizes southern Bell Telephone Company to retain an administrative fee equal to one percent (1%) of the total fee collected for the County. On November 1, 1988, the Indian River County Board of County Commissioners approved imposition of the $.50 fee per line per month to fund the recurring and non-recurring charges related to operation of the two Public Safety Answering Points (PSAP's) in the County. The split approved by the Division of communi- cations and the County for FY 88-89 was $.40 recurring and $.10 non-recurring. The statute provides that the Florida Department of General Services, Division of Communications, must annually review support documentation contained on COM FORM X with attachments submitted by the E911 Coordinator. The necessary documentation has been submitted to the Division of Communications for FY89-90 and approval was received in the form of a letter dated June 16, 1989, for a split of $.44 to be levied to pay recur- ring costs and $.06 for payment of non-recurring charges. The matter is now before the Board of County Commissioners for approval of the Resolution required to impose the E911 fee for the next fiscal year. ALTERNATIVES AND ANALYSIS It is estimated that $285,000 will be generated by the $.50 E911 surcharge. The computation for the recurring fee portion reflects a total of $151,654 will be utilized for recurring expenses. Funding in the amount of $111,853 is projected for the purchase of capital equipment or non-recurring expenses of the two PSAP's. A contingency fund of $21,493 is recommended for a total budget of $285,000. 41 As stated above, approval has been received from the Division of Communications to levy the fee for the next fiscal year. If approved by the Board of County Commissioners, the Resolution will be forwarded to Southern Bell Telephone Company so that the fee will be implemented effective October 1, 1989. The surcharge is a small fee to pay for the level of service provided to the populace wherein each citizen is assured of a timely response protecting life and property on a twenty-four hour basis. For the twelve month period, the costs for the average resident with one phone line is six dollars ($6.00). RECOMMENDATION Staff recommends approval of a Resolution imposing the recurring and non-recurring E911 system fees with $.44 for recurring charges and $.06 for non-recurring charges for fiscal year 1989-90. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board adopted Resolution 89-70, providing for the establishment of a countywide "E911" telephone fee to pay for recurring and non-recurring charges. RESOLUTION - 89-70 A RESOLUTION OF THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ESTABLISH- MENT OF A COUNTYWIDE "E911" TELEPHONE FEE TO PAY FOR RECURRING AND NON-RECURRING CHARGES;.PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE INDIAN RIVER COUNTY ADMINISTRATIVE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Legislature enacted House Bill -522 which amended Section 365.711, Florida Statutes, entitled "The Florida Emergency Telephone Act" to permit the imposition of a "911" fee on all residential and business telephone lines; and WWI 42 E OOK JUL 111969 OOK 19 F,�.�E 303. RESOLUTION - 89-70 WHEREAS, this fee may be used to pay for all recurring and non-recurring charges assessed to the countywide "911" emergency telephone system; and WHEREAS, this fee may not exceed $.50 per line, per month; and WHEREAS, the "911" fee will generate revenue which will pay the cost of providing such service throughout the County including the various municipalities; NOW, THEREFORE, BE IT RESOLVED Bit THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: Section 1. That the Board of County Commissioners hereby establishes a fee of $.50 per month, per access line with $.44 of the $.50 cap to be utilized for recurring charges and $.06 for non-recurring charges. This fee shall be in effect for 12 months from the effective date of this Resolution at which time it shall be reviewed by the Board prior to the beginning of fiscal year 1990-91. Section 2. That in accordance with the provisions of Section 365.171, Florida Statutes, Southern Bell Telephone Company shall collect such fees less an administrative fee of an amount equal to one percent (1d) of the total "911" fee collected by Southern Bell. Section 3. That in accordance with the provisions of Section 365.171, Florida Statutes, Southern Bell shall provide to'the County a list of the names, addresses, and telephone numbers of any and all subscribers who have identified to Southern Bell their refusal to pay the "911" fee. Section 4. That pursuant to the authority set forth within Section 365.171, Florida Statutes, Indian River County hereby indemnifies and holds harmless Southern Bell Telephone Company against liability for damages resulting from or in connection with 11911" service or identification 43 RESOLUTION - 89-70 of telephone numbers, addresses, or names associated with any person accessing "911" service, except if Southern Bell acts with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety or property in providing such services. Section 5. That the Board hereby authorizes that a letter be sent to Southern Bell notifying them of the imposition of the fee, that the fees shall be collected by Southern Bell less an administrative fee, that Southern Bell shall provide the County with the above -referenced list and request written acknowledgement from Southern Bell regarding the imposed fees and other matters set forth within the letter. Section 6. SEVERABILITY If any section, sentence, clause or phrase of this Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Resolution. Section 7. EFFECTIVE DATE This Resolution shall become effective October 1, 1989. The foregoing Resolution was offered by Commissioner Scurlock who moved its adoption. The motion was seconded by Commissioner Eggert and, upon being to a vote, the vote was as follows: Chairman Gary C. Wheeler Aye Vice Chairman Carolyn K. Eggert Ay Commissioner Richard N. Bird —Aye Commissioner Don C. Scurlock,*Jr. -Aye Commissioner Margaret C. Bowman Awe put The Chairman thereupon declared the Resolution duly passed and adopted this 11th day of July , 1989. BOARD OF COUNTY COMMISSIONERS BIYDIAN IVER OUTS, Y, FLORIDA Gary . Wheeler, Chairman 44 nor ,JUL 111989 F'A�c. •�U rr,- 'I QUL 11 f � aoc� 77 rK1F. # ADDITIONAL STAFFING TO PROVIDE ADVANCED LIFE SUPPORT ENCS SERVICE TO AREA FORMERLY SERVED BY IRCVAS The Board reviewed the following memo dated 7/10/89: ------------------------------------------------------------------- TO: James Chandler DATE: July 10, 1989 County Administrator SUBJECT: Approval of Additional Staffing for Department of Emergency Management Services to Provide Advanced Life Support EMS Service to Area formerly served by IRCVAS FROM: Doug Wright, Director Emergency Management Services ------------------------------------------------------------------- It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners on an emergency basis at the meeting scheduled for July 11, 1989. DESCRIPTION AND CONDITIONS On July b, 1989, the Indian River County Volunteer Ambulance Squad Board of Directors voted unanimously to discontinue providing EMS emergency transport service'effective July 14, 1989. The organi- zation determined that due to difficulties in recruiting and employing Emergency Medical Technicians, staffing levels as required by the County issued Certificate of Public Convenience and Necessity could no longer be achieved. The Board of Directors decided to con- centrate their efforts in the realm of non -emergency transport amending their official corporation documents to allude to the new purpose stated above for the organization. Representatives from the Indian River County Volunteer Ambulance Squad have been in frequent contact with the EMS Director over the past few days regarding issues relating to discontinuing emergency transport service. Staff has been aware of the difficulties the Squad has encountered in obtaining adequate staffing and has assisted the Squad with county EMS staff to fill a number of shifts on an overtime basis. The attached press release details some of the problems the Squad has attempted to resolve and methods utilized without success. While there are other issues to be resolved during the transition period, the IRCVAS Board of Directors voted the following assets would be transferred and conveyed to the County effective July 15, 1989: 1. All ALS and BLS supplies; 2. All training equipment; 3. Emergency transport vehicles #29,34,35,37, and 38; 4. IRCVAS Main Station and Beach Station structures (with the understanding that a small amount of space will be provided to them at the main station to operate the non- emergency transport service); 5. All medical equipment; 6. All Office equipment (less one computer, desk, chair, copier, etc.); 7. Phone system; 8. Funds in an amount to be determined later; 9. Other equipment to be determined after inventory. 45 Page 2 Continued Both the Indian River County Volunteer Ambulance Squad and the EMS Director have agreed that the transition will be a mutually cooperative process. Additional staffing, operational costs, and limited capital equipment will be required to start up and operate the emergency EMS service with full time paid professionals until September 30, 1989, when all EMS functions will be incorporated into a singular budget. It is anticipated that nine additional paramedics will be required along with an Administrative Secretary I and a mechanic position. Currently the County has in place at IRCVAS one Paramedic for each of three emergency vehicles. The nine paramedic positions requested is based on the fact that to fully staff all three primary emergency transport vehicles, one additional paramedic will be required for each vehicle for each of the three shifts. This will provide a complement of two paramedics or a paramedic and a paramedic student on each shift, per primary vehicle, twenty four hours a day. The staff will.be augmented with some volunteers to assist on board the ambulance. The Administrative Secretary I position will be utilized in a support role to log data, provide information to the billing service for the third party billing to occur, administer the office at the Main Station location, maintain shift schedules, perform payroll functions, update protocols, issue BLS and ALS medical supplies, order medical supplies, maintain records relating to inventory of controlled substances, schedule and document training sessions, maintain vehicle maintenance records, and perform other general office duties as well as assisting the Shift Supervisor in daily activities. The mechanic position is predicated on cost savings rationale. The County currently has two emergency transport vehicles. IRCVAS is conveying five additional transport vehichles to the County on July 15, 1989. Two other vehicles are being sought through matching funds from an HRS grant in FY 89-90. This makes a total of nine emergency transport vehicles that will be in service during the next fiscal year. The rate of $7.50 per hour for the mechanic versus $26.00 per hour at Fleet Maintenance accounts for a substantial savings to the EMS service. It should also be noted that Fleet Maintenance cannot always stop work on other equipment to immediate service an ambulance that requires maintenance and these vehicles often require maintenance after hours and on weekends. These diesel powered emergency transport vehicles must receive some degree of daily inspection and maintenance so that a life is not put in jeopardy during transport of a patient to a medical facility. The vehicles are also uniquely equipped with medical life sustaining equipment and some special knowledge or familarization is required to service some of the specialty items used on board the vehicles. Staffing requested is minimal in terms of shift operations. No relief factors have been included in the nine medic positions submitted for approval. Staff anticipates that with approval of two additional paramedic positions requested in the FY 89-90 budget, sufficient relief for sickness, vacation, etc., will be available for the service. ALTERNATIVES AND ANALYSIS For the period July 15 - September 30, 1989, staff estimates the budget to be $119,407. This includes salaries and benefits of JUL 1119989 46 BooK 77 F,�Urr 306L rIauL I 11989 BOOK 77 r1 7 $79,179; operating expenses of $29,300; and capital equipment in the amount of $10,928. The IRCVAS Board of Directors indicated that approximately $50,000 would be coming to the County in terms of revenue and the County has $9,166 in remaining payments to IRCVAS for this fiscal year that will not be required to be made. Assuming that the cash revenue from IRCVAS in the amount of $50,000 is conveyed to the County, the total funding required for the balance of this fiscal year to operate the additional service would total only $60,241. A detailed budget for the balance of this fiscal year is attached for reference. In terms of FY 89-90, staff estimates that expenses for.the County funding the additional operation for the annual period will be '426,613. It should be noted that the $79,800 budget item for IRCVAS programmed in the next budget year will not have to be funded. This reduces the necessary funds for next year to $346,813. Additional revenue is also anticipated in the amount of $100,000 in third party billing for BLS runs which had prior been done by IRCVAS. When the additional revenue is included, the net cost of adding the IRCVAS operation to the County ALS service is $246,813 for the year. The budget submitted earlier for the Advanced Life Support service which included the Sebastian service the County began on April 18, 1989, was $1,489,634. When the IRCVAS service costs is added to the FY 89-90 budget, the total is $1,916,247. When revenue from third party billing in the amount of $550,000 is deducted from the total expenses, net tax revenue to fund the total ALS service is $1,366,247. The estimate of revenue from third party billing is conservative and staff feels that revenue from this source to the County will exceed the projected figures. RECOMMENDATION Staff -recommends that the Board of County Commissioners take the following actions: 1..- Publicly recognize and acknowledge the exemplary service IRCVAS has provided to Indian River County for the past twenty-three (23) years; 2: `'Approve and accept the assets IRCVAS plans to convey to the County Department of Emergency Management Services with the assets to be added to the list of capital equipment inventory of the County; 3. Authorize the Director of the Department of Emergency Management Services to assume operational responsibility as primary responder for emergency medical transport service in the service area formerly assigned to IRCVAS effective July 15, 1989; 4. Approve the additional staff and funding in the amount of $119,407 from General Fund Contingencies, less any remaining payments due IRCVAS this fiscal year and any cash revenue conveyed to the County by IRCVAS; 5. Authorize staff to amend the budget already submitted to include additional funding for ALS for FY 89-90; 6. Authorize staff to negotiate with the officials of the City of Vero Beach to lease city property on which the Beach Ambulance Station is located; 47 7. Accept the voluntary surrender of the Certificate of Public Convenience and Necessity for EMS service prior issued to the Indian River County Volunteer Ambulance Squad. It should be noted that the Indian River County Department of Emergency Management Services and the Indian River County Volunteer Ambulance Squad are mutually cooperating during this transition of responsibility. A smooth transfer of operations is anticipated and all parties affirm to the Board and the citizens that no decline in the level of EMS service will occur during the transition period. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Eggert, that the Board approve Budget Amendment #087 in the amount of $119,407 and staff's recommendation as set out in the above memo. Under discussion,'Commissi,oner Bird stated that he would vote for this Motion but with mixed feelings because he didn't like to see it end, but felt that time does bring changes. He felt that there never has been or will be a group that exemplifies the volunteer spirit the way the Indian River County Volunteer Ambulance Squad has done. He wished to thank all of the hundreds of volunteers who have worked for this county over the years. Commissioner Eggert agreed that it is a sad day, but emphasized that we worked as hard as we could to keep the volunteer units going. She emphasized that while we can expect a substantial portion of the net'cost of adding the iRCVAS operation to the County ALS service to come from third -party insurance billings, there are additional sources of income we need to explore. Commissioner Scurlock viewed this as a changing of roles with the volunteers continuing to work on a non -emergency status. UL 111989 48 RoaK 17 F:. �0 L I FF__ -1 JUL 111909 mor, 77 309 Lloyd Clark, IRCVAS president, accepted the Commissioners' thanks on behalf of the hundreds of volunteers who have given millions of hours of their time over the years. He assured the Board that the volunteers will continue to support the Board and will continue to help the community. He noted that they don't expect any financial help from the County on their non -emergency runs. Chairman Wheeler preferred to look at this change positively because the volunteers are not going out of business, only changing the scope of their services. He emphasized the millions of dollars the volunteers have saved this county over the years. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. 49 TO: Members of the Board of County Commissioners FROM: Joseph A. Baird OMB Director V/C SUBJECT: BUDGET AMENDMENT NUMBER: 087 DATE: July 25, 1989 Entry Number Funds/Department/Account Name Account Number Increase Decrease 1. EXPENSE GENERAL FUND/N. CTY. AMBULANCE Re lar Salaries 001-254-526-011.12 51,772 S 0 Overtime 001-254-526-011.14 7 500 0 Social security 001-254-526-012.11 4.452 0 Retirement 001-254-526-012.12 8,524 0 Insurance -Life & Health 001-254-526-012.13 5.040 0 Workers Compensation 001-254-526-012.14 1,89 0 Tele hone 001-254-526-034.11 1,000 0 Electrical Services 001-254-526-034.39 2,200 0 Maintenance/Buildings 001-254-526-034.61 7,500 0 Maintenance Auto. 001-254-526-034.64.S 2,500 0 Maintenance Other 001-254-526-034.69 1,000 0 License Permits 001-254-526-034.97 500 0 All Office Su lies 001-254-526-035.11 300 0 Fuel and Lubricants 001-254-526-035.21 2,500 0 Tires and Tubes 001-254-526-035.22 2,000 0 Uniforms and Clothing 001-254-526-035.24 3.150 S 0 Expendable Tools 001-254-526-035.26 400 0 Medicine and Supplies 001-254-526-035.27 1.500 0 Other Operating 001-254-526-035.29 1,000 0 Communication Eguipment 001-254-526-044.71 750 0 Insurance 001-254-526-034.59 S 3.000 0 Building Im rovements 001-254-526-066.29 5,900 0 Communication Ecruipment 001-254-526-066.45 S 5.028 S 0 REVENUE GENERAL FUND Reserve for Cont. 001-199-581-099.91 0 119 407 Explanation: See attached memo dated July 10, 1989 from Doug Wright. Budget Amendment: 087 Page 1 of 1 50111989 0 iL 1 �. 19 r 1 JUL 11 19G9 Pox 77 Farr 3j APPROVAL OF AUTOMATION SYSTEM FOR IRC LIBRARY SYSTEM The Board reviewed the following memo dated 6/16/89: DATE: JUNE 16, 1989 TO: JAMES CHANDLER COUNTY ADMINISTRATOR THRU: H.T. "SONNY" DEAN, DIRECTO DEPARTMENT OF GENERAL SERVICES FROM: LYNN WILLIAMS �+►S LYNN WALSH PROJEC AGE NORTH COUNTY LIBRARY LIBRAR UCTION DIRECTOR P MARY O L MAIN LIBRARY DIRECTOR SUBJECT: AUTOMATION SYSTEM INDIAN RIVER COUNTY LIBRARY SYSTEM BACKGROUND: RMG Consultants of Chicago, Ill., provided a report titled Plans and Recommendations for Automated System and Services for the Indian River County Library System. This report submitted prior to the Library Bond issue and the subsequent update received in March 1989, outlined the benefits, costs and impacts Indian River 00000*'County could expect from automating library services. The reports essentially established a budget amount of $300,000 included in the September 1986 Bond referendum.passed by the voters of Indian River County. Several scenarios were set forth in the orginal report as to size, configuration, location and timing. These possibilities were eventually narrowed to a final recommendation endorsed and supported by the staff (highlighted below). 1) -Purchase an automated system sufficient in size to serve both new libraries. 2) The system should be easily expandable to allow for growth within the library system. 3) The system should be purchased from a "turn key vendor" capable of•providing a "total system." 4) The system should be installed in -the existing Main Library and serve the North County Community Library via telecommunications network. 5) The system should be relocated to the New Main Library upon its completion. The system should be operable for the opening of the new facilities. It is obvious from the "highlights" listed above, that automation is a significant undertaking when coupled with the construction and reloca- tion of two library facilities. Upon my involvement in the design process for the new libraries, questions concerning automation and its -impact were raised. Planfling for the cabling and power requirements are 51 proceeding in a generic state within the designs. The impact to the design is not considered an insurmountable problem. However, staff has a major concern with the projected time required to obtain automation equipment, software and convert the card catalog information to useable format for an automated library. RMG Consultants has projected a time frame of approximately eighteen (18) months for this process. This was predicated upon an RFP process, evaluation and selection. The cost for an RMG Consultants prepared RFP would be approximately $10,000 plus travel expense and would consume six to nine months time. Staff feels that with the established time lines for construction of the libraries there is not sufficient time to allow for an RFP process. An optimistic projection of the time required to make the data conver- sion necessary, train employees, set the necessary local parameters, and insure proper operation is ten (10) to eleven (11) months. It will take the time from this date to the opening date of the North County Communi- ty Library to accomplish automation. Included in the back-up material is Schedule B (Delivery and :.Implementation) of the CLSI Proposal. This outlines the necessary steps required to complete automation. This clearly shows that the early delivery and installation of the main-frame is critical to data conversion and to total automation. ALTERNATIVES AND ANALYSIS: Brevard County recently spent approximately one (1) year issuing an RFP, evaluating the results and eventually selecting a vendor. Both Volusia and Lake counties bypassed the RFP process, opting for staff review of available systems, evaluations of the offerings and "`""selection. Volusia County's system was an outright purchase whereas Lake County entered into a lease agreement. In each case CLSI was selected as the automation vendor. CLSI is a "turn -key° vendor. Both Librarians have reviewed the system offered by CLSI and have found the system to meet all requirements set forth by RMG Consultants. Additionally, pricing as proposed is competitive (low bidder in Brevard) and well within the $300,00 budget for automation. Maintenance and repair will be handled by two field service engineers stationed in Florida. Although, no firm commitment has been set forth by CLSI, there has been discussion concerning a service engineer stationed on Florida's East Coast to serve this area. Staff feels this provides adequate response as presently structured, with the possibility of enhanced service if a dedicated engineer is added. Staff feels that the advantage of what would become a four county contiguous area served by this vendor would be significant. This would allow networking with the northern counties if desired. The exchange or information between the users is viewed as a major advantage for our library system. Considering the factors of the time before opening the libraries, the fact that CLSI can provide the needed system and software and that bidding and evaluation of similar systems has taken place in our imme- diate area staff felt it appropriate to offer CLSI as a vendor of choice `wand°°request�permission to purchase direct without an RFP process. In discussion with the County Attorney's office it was found that there is nothing in Florida Statutes to prevent this approach. Existing County Purchasing guidelines allow for negotiations of a purchase if it is felt to be in the COunty's best interest. 52 JUL 111989 1�f M2 � eex J U L 111989 boor 77 FACE =.13J At the May 3, 1989 Public Library Advisory Board meeting, a presentation was held of the circulation and on-line public access catalog systems offered by CLSI. The Public Library Advisory Board endorsed staff's recommendation that CLSI be considered the vendor of choice for library automation system and services for the Indian River County Library System. Staff is in receipt of a purchase proposal, maintenance agreement and pricing for data conversion services from CLSI. RECOMMENDATION AND FINDING: Staff recommends that CLSI be declared as vendor of choice and that staff be authorized to negotiate the proposals provided by CLSI for automation system and services for the Indian River County Library System. The final proposal and costs would be forwarded to the commis- sion for approval and funding upon completion. No funding is required by this action. Sonny Dean, Director of General Services, advised that on suggestion by the Board, staff contacted 34 libraries that use the two automation systems that we had in mind. Seventeen used the Dynix system and 17 used the CSLI system. Basically we learned that everyone was satisfied with the equipment and the operation they had. Both of the systems had lived up to their guaranteed "up time", which is 95-990 of the time. Director Dean advised that Dynix uses an IBM RT Model 135 software that requires an extra set of software in order to use the library program. At this time Dynix doesn't have a serials software for the system they propose for Indian River County. They are in the prototype stage, and that could cause a problem. Dynix is located in Utah, which could cause some problems timewise as they are on Mountain Standard Time. Their maintenance is not provided by their people; it is provided by 3 different vendors, and this causes a problem sometimes in getting the right vendor in to do the right kind of maintenance. The oldest user of any of the Dynix systems is 4 years. Continuing, Director Dean advised that CSLI is located in Florida and has one person to do their maintenance, which 53 � s � includes software and hardware. Their maintenance hours are from 7 am to 10 pm 6 days a week, and 10 am to 7 pm on Sundays. CSLI has 4 systems in operation and we talked with those people. The oldest user of CSLI is 14 years. Director Dean felt the important difference between the two firms is megabyte storage. Dynix has proposed a 930 megabyte storage, and CSLI has proposed 1042 megabyte storage which is estimated to give us about 30% expansion for our library system. Dynix' proposed cost is $270,522, and CSLI's cost is $243,315, a difference of $27,207. Dynix maintenance costs are $2,550 per month, and CSLI's cost is $2,375, a savings of $175 per month. Director Dean stated that after making all of these calls, staff stands with their original recommendation of CSLI. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved staff's original recommendation as set out in the above memo. Commissioner Bird asked the status of the bidding on the North County Library, and Director Dean advised that the bids will be opened on July 19, 1989. MASTER PLAN CONSULTANT FOR COURTHOUSE/JUDICIAL COMPLEX The Board reviewed the following memo dated 6/30/89: I iJUL 111989 DATE: JUNE 30, 1989 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR oA FROM: H.T. "SONNY" DEAN, DIRECTWO' DEPARTMENT OF GENERAL SERVICES BooF 77 SUBJECT: COURTHOUSE/JUDICIAL COMPLEX MASTER PLAN CONSULTANT BACKGROUND: On April 14, 1989 approximately sixty County initiated Request For Proposals were mailed for the subject project. There were ten (10) responses received on May 17, 1989. The selection committee was appointed by the.County Administrator which was comprised of: Gary C. Wheeler — County Commissioner James E. Chandler - County Administrator James Davis - Public Works Director Bob Keating - Community Development Director H.T. "Sonny" Dean - General Services Director This committee met on June 14, 1989 to "short list" the consultants sand select a date for presentations. A pre -designed form using 'points for qualifications in various areas of importance was the methodology used in this process. Total points from each committee member's form determined ranking of the firms that submitted ;proposals. The short list was made up of the firms receiving the highest number of points. These companies were notified and ;presentations were scheduled and heard on June 27, 1989. ;ANALYSIS: The short listed consultants were judged on their past experience in similar projects, personnel qualifications, what they perceived to be the important aspects of the project, and how well they were prepared to perform the various tasks. The committee ranked the consultants based on the top three vote receivers as follows: 1. Herbert/Halback, Inc. 2. WRT, Inc. 3. Urban Resource Group, Inc. RECOMMENDATIONS: Staff respectfully request Board approval to negotiate with Herbert/Halback, Inc., for a contract to perform the subject consulting work. The proposed contract will be brought back to the Board of County Commissioners for their approval. 55 W MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Bowman, that the Board approve staff's recommendation as set out in the above memo. Commissioner Scurlock inquired about the total points received by the 3 firms that were shortlisted, because he believed it gives us better negotiating flexibility if they were very close. Administrator Chandler confirmed that the first three firms were very close in total points. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. PROBATION DIVISION - ADDITIONAL PERSONNEL The Board reviewed the following memo dated 6/22/89: DATE: JUNE 22, 1989 TO: BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: H.T. "SONNY" DEAN, DIRECTOR DEPARTMENT OF GENERAL SERVII SUBJECT: PROBATION DIVISION - ADDITIONAL PERSONNEL BACKGROUND: The subject department was created in 1985 as an alternative for the County Judges in the sentencing of persons and to relieve some of the jail over crowding. This division is also being used to track and collect certain fines which the Clerk's Office had not been successful in doing. They have taken over the Community Service program that was being administered by the Salvation Army which was experiencing major problems. The Week -end Work program is also being overseen by our Probation Officers. The record speaks for its self,in that since their inception they have handled over 2,100 individual cases as of May, 1989. Our Staff of two (2) Probation Officers and two support personnel are currently .;;supervising four hundred ninety-two (492) cases assigned by the Courts. y -.This does not include one hundred and forty-five average cases per month in the Week-End/Day, Warrant/Suspense Status, and Conditional Release :.Programs. The Florida Department of Corrections Probation average case "Toad per Officer is 96 cases state wide. This is without any miscellaneous work programs similar to what is currently in place with Indian River County. 56 JUL 11 '68 JUL 11 11969 P00K 77 Fa.cc 31 With this growing need for Probation services the work load for our personnel has increased accordingly. This is indicated by inception of the new County Work Program which was authorized by the Board on June 20, 1989 and outlined in the proposal which was submitted, at that time. The amount of paperwork required to meet departmental and criminal justice system standards is growing at the same rate. In fact, the present support staff cannot keep up with the demand. It is becoming more apparent that they cannot maintain adequate control of the cases and continue to provide quality probation services to the Courts with the present staff. Presently, one of the two Probation Officers spends a minimum of twelve (12) hours weekly involved in data entry of information which prints out the weekly work program report, distributed to the Courts and other probation agencies. This is work that could be done by support staff and not time taken from the Officer's schedule which is needed for case load management. Due to the present work schedule we are operating seven days a week. The week -ends are used to supervise and maintain the work program. This requires a Probation Officer for a minimum of two hours, on site for each Saturday and Sunday. We have been currently rotating the two officers for over three years to cover the Week -End Work Program. ANALYSIS/FUNDING: Since inception the Probation Division has been, responsible to collect monies under the following categories: 1. Fine/Court Cost - These monies are collected from persons that cannot pay the entire amount of the assessed charges at one time. (Time Payment Plan) 185 - 3/31/89 - $227,083. 2. Cost of Supervision - Monies that are collected as revenue for the Probation Division. 185 -3/31/89 - $154,301. 3. Restitution - Monies that are refunded to the victims of the crimes committed by"that offender. 185 - 3/31/89 - $59,274. !Effective May 1, 1989 the Courts made the following changes in their .schedule of charges: 1. Cost of Supervision paid by each supervised offender was increased from $25.00 to $30.00 per month. This will generate an estimated additional $10,000 per year. 2. Each Probation/Pre-Trail case assigned Community Service hours is assessed a one time $5.00 fee which should generate approximately $2,500 per year. 3. Each Probation case ordered by the Court to pay a fine and court cost on the weekly/monthly installment plan is assessed an additional $5.00 per month fee. This should generate approximately $19,800 per year. Based on historical data as to number of offenders participating in each program, it is estimated these new assessments will generate an additional $32,800 revenues for Cost of Supervision. The Week -End Work Program has recorded 118,678 hours of labor performed by participants as of May 1, 1989. Using the average labor cost of $5.00 per hour, this equates to $593.390 in labor savings to the County not including fringe benefits. These work hours represent 14,834 eight .hour work days. If these days had been served in the County Jail at a daily maintenance cost of $33.00, the incarceration costs would equal $489.522 during this period of time. 57 M M M RECOMMENDATIONS: Based on the above data, staff respectfully request: 1. The Board authorize a Secretary III position in the Probation Division with an effective starting date as soon as all the proper paperwork is completed and the person can be hired. Estimated cost during the remainder of this fiscal year is $4,780 including fringe benefits. Annual cost will be $19,112 for this position. 2. The Board authorize a Probation Officer I position effective October 1, 1989. Estimated annual cost is $25,000 including fringe benefits. (Submitted for approval in 1989-90 fiscal, budget) . Sonny Dean, Director of General Services, emphasized that they need the secretary position right now, but it is not in the budget. Commissioner Scurlock stated that he would feel more comfortable with this program if it was carrying itself, seeing that it is not something that is mandated by the State. Director Dean felt you could look at that from two different aspects. If you are talking about revenue, it is not carrying the entire department, but if you took at it from the aspect of keeping people out of jail and performing labor for the county, that is where it makes up the difference. It is carrying itself if you use that analysis. Commissioner Scurlock stressed that he was not being critical, as he was happy with how the program is functioning, but just felt that perhaps during budget time it would be beneficial to look into the total cost and revenue side of this and determine the benefits of all those other factors. Director Dean figured that the labor savings to the county for work performed is over $500,000, and that not having these people in jail during that time period has saved us almost another $500,000. JUL w E�OG�77 JUL 111989 FOOK. 1 [Ali[ = � ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved Budget Amendment #089 and staff's recommendation for a Secretary III position. Administrator Chandler advised that they would be bringing the Probation Officer I position back to the Board for approval at a later date; probably during the budget workshops. TO: Members of the Board of County Commissioners FROM: Joseph A. Baird !e OMB Director SUBJECT: BUDGET AMENDMENT NUMBER: 089 DATE: August 2. 1989 Entry Number Funds De artment Account Name Account Number Increase Decrease 1. REVENUE GENERAL FUND Reserve for Contingency 001-199-581-099.91 S 0 S3.909.00 EXPENSE GENERAL FUND/Probation Salaries 001-908-523-011.12 S 3,194.00 0 Social security 001-908-523-012.11 24.00 0 Retirement 001-908-523-012.12 46.00 0 Insurance 001-908-523-012.13 628.00 0 Worker's Compensation 001-908-523-012.14 17.00 0 Explanation: See attached memo from Sonny Dean dated June 22, 1989 59 1 - M M EXCHANGE OF RIGHT-OF-WAY DEEDS BETWEEN JEAN BORCHERS/CHARLOTTE BORCHERS AND INDIAN RIVER COUNTY The Board reviewed the following memo dated 6/23/89: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E., Public Works Director Opy SUBJECT: Exchange of Right -of -Way Deeds Between Jean Borchers/Charlotte Borchers and Indian River County REFERENCED LETTER: Steve L. Henderson to Jim Davis dated June 16, 1989 DATE: June 23, 1989 DESCRIPTION AND CONDITIONS Ocean Spray Corporation has requested a right-of-way use permit to construct an industrial pipeline along an unopened section of County -owned 74th Avenue right-of-way south of Oslo Road. In researching the adequacy of the 74th Avenue right-of-way, staff and Attorney Steve Henderson have discovered a misalignment of a 30' wide section of the right-of-way (Sketch attached). To correct the misalignment, the abutting property owners, Jean and Charlotte Borchers, have agreed to exchange deeds with the County. ALTERNATIVES AND ANALYSIS The correction of the alignment is mutually beneficial to both parties. Also, the County Utilities Department has no objection to allowing Ocean Spray to construct a pipeline in 74th Avenue right-of-way provided that it does not restrict the Utilities Department from constructing a sewer or water line along the corridor in the future. A franchise to operate in County right-of-way is not necessary since the pipeline will only serve Ocean Spray. RECOMMENDATION AND FUNDING It is recommended that the Board Chairman and Clerk be authorized to execute the attached deed in exchange for the County receiving a deed for the proper alignment of 74th Avenue. In addition, staff is requesting authorization to issue a right-of-way use permit to Ocean Spray for construction of a pipeline in 74th Avenue right-of-way for their exclusive use, provided the line will not conflict with future water and sewer line locations. No franchise agreement is proposed. The County will charge a nominal use fee for the use of right-of-way 60 JUL 111989 -, _, r Q UUL 11 'W9 buoP i I r,j.,,1'. 3� Public Works Director Jim Davis advised that the Borchers' attorney, Steve Henderson, sent a letter requesting a little different wording in the permit which he feels would protect both his client and the County regarding the fact that in the event the County is prevented from utilizing the right-of-way for sewer and water utility purposes described in this permit by reason of future laws and regulations, then the County may terminate this permit or require the relocation of the transmission line within the boundaries of the right-of-way. Director Davis stated that if the Board will give the County Attorney's office a little flexibility in the wording, then staff's recommendation stands. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved staff's recommendation as set out in the above memo, and authorized the County Attorney's office to make the minor change in the wording of the permit as requested by Attorney Henderson. DEEDS ARE ON FILE INN THE OFFICE OF THE CLERK TO THE BOARD 61 CONSTRUCTION OF (MISCELLANEOUS INTERSECTIONS, PHASE III, PART A SIGNALIZATION The Board reviewed the following memo dated 7/5/89: TO: James Chandler County Administrator THROUGH: James W. Davis, P. E. ry,06d Public Works Directo FROM: James D. White, P. LJ County Engineer U" SUBJECT: Construction of Miscellaneous Intersections, Phase III, Part A Signalization 8th Street at 20th Avenue, 8th Street at 43rd Avenue & 45th Street at 43rd Avenue DATE: July 5, 1989 ----------------------------------------------------------------- DESCRIPTION AND CONDITIONS Staff has received, and reviewed, Part A of the final Construction Plans and Specifications, for the subject transportation improvements, from the Engineering Consultant. These improvements are critically needed improvements in the Transportation System. This part consists of a package of three (3) of the overall six (6) projects, packaged and ready for bidding. Right -of -Way Acquisition is complete for these three locations. ALTERNATIVES AND ANALYSIS The following alternatives having been identified: Alternative #1 Call for bids immediately and proceed with construction on these three intersections. Conduct a separate bid for the remaining three intersections. The Engineers estimated probable construction cost is $237,063.05 for these first three work locations. The remaining three intersections are expected to cost slightly more. This alternative will result in some loss of "economy of scale" but will get the first three projects under construction sooner. The remaining three projects are expected to follow in approximately one month. Alternative #2 Hold up these intersection until plans are complete on the remaining three intersections and bid all six sites together. This may gain some economy of scale but will likely delay starting work for at least a month, and perhaps more. Right -of -Way acquisition is not yet complete on the last three intersections. These three intersections are: (12th Street at 43rd Avenue, 26th Street at 43rd Avenue, and 41st Street at 43rd Avenue) . Staff recommends approval of Alternate #1. This alternate will get work started soon on three intersections and staff will proceed with all reasonable speed to ready the remaining three intersections for later bidding. FUNDING Funding is proposed from Account #109-141-541-033.19. I'M F F A`a^e/'�y' EUU� t,�i;r ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved Alternate #1, as set out in the above staff recommendation. FINAL ASSESSMENT ROLL - PAVING OF 87TH STREET IN VERO LAKE ESTATES FROM 102ND AVENUE TO CR -510 The Board reviewed the following memo dated 6/23/89: ----------------------------------------------------------------- TO: James Chandler County Administrator THROUGH: James W. Davis, P.E.,, Public Works Directo and James D. White, P.E. C,h County Engineer �^ !!JJ FROM: Michelle A. Gentville�. T. Civil Engineer SUBJECT: 87th Street in Vero Lake Estates from 102nd Avenue to CR 510 DATE: June 23, 1989 ----------------------------------------------------------------- I DESCRIPTION AND CONDITIONS i The paving of the above roadway has been completed. The final assessment is the same as the preliminary. 1) 87th Street Prelim. Est. Final Cost $26,822.60 $26,822.60 The final assessment roll has been prepared and is ready to be i delivered to the Clerk to the Board. Assessments are to be paid within 90 days or in two equal installments, the first to be made twelve months from the due date and the second to be made twenty-four months from the due date at an interest rate of 12% established by the Board of County Commissioners. The due date is 90 days after the final determination of the special assessment. ALTERNATIVES AND ANALYSIS i Since the final assessment to the benefited owners is the same as the preliminary assessment roll, the only alternative presented is to approve the final assessment roll. RECOMMENDATION It is recommended that the final assessment roll and the "As Built Resolution" for the paving of the above mentioned road be approved by the Board of County Commissioners and that it be transferred to the Office of the Clerk to the Board for recording in the "Assessment Lien Book" and to the Tax Collectors office for collection. 63 UN MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved the final assessment roll and adopted Resolution 89-71, certifying "as -built" costs for certain paving and drainage Improvements to 87th Street in Vero Lake Estates from 102nd Avenue to CR -510, and authorized the transfer to the Office of the Clerk to the Board for recording in the "Assessment Lien Book" and to the Tax Collector's Office for collection. (FINAL ASSESSMENT ROLL IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD) 64 y J U L 1119-89 PUCK`I F,,`r. ;'A RESOLUTION NO. 89-71 A RESOLUTION OF INDIAN RIVER COUNTY CERTIFYING "AS -BUILT" COSTS FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 87TH STREET IN VERO LAKE ESTATES FROM 102 AVENUE TO CR -510, DESIGNATED AS PROJECT NO. 8226, AND OTHER CONSTRUCTION NECESSITATED BY SUCH PROJECT; PROVIDING FOR FORMAL COMPLETION DATE, AND DATE FOR PAYMENT WITHOUT PENALTY AND INTEREST. WHEREAS, the Board of County Commissioners of Indian River County determined that the improvements for the property located with boundaries as described in this title, designated as Project No. 8226, were necessary to promote the public welfare of the county; and WHEREAS, on March 21., 1989, the Board held a public hearing at which time and place and -the owners of the property -to be assessed appeared before the Board to be heard as to the propriety and advisability of making such Improvements; and WHEREAS, after such public hearing was held the County Commission adopted Resolution No. 89-30, which confirmed the special*assessment cost of the project to the property specially benefited by the project in the amounts listed in an attachment to that resolution; and WHEREAS, the Director of Public Works has certified the actual "as -built" cost now that the project has been completed are the same as in confirming Resolution No. 89-30, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. Resolution No. 89-30 is modified as follows: The completion date for Project No. 8226 is declared to be July 11, 1989; and the last day that payment may be made avoiding interest and .penalty charges Is ninety (90) days after passage of this resolution. 2. Payments bearing interest at the rate of 12% per annum may be made in two equal installments, the first to be made twelve (12) months from the due date and the second to be made twenty-four (24) months from the..due date. The due date is ninety (90) days after the passage of this resolution. 65 J U L 111989 ROOF c , J ,JUL 111%9 BooK F,�. , 3. The final assessment roll for the project listed In Resolution No. 89-30 shall be shown on the attached Exhibit '#A, 11 4. The assessments as shown on the attached Exhibit "A" shall stand confirmed and remain legal, valid, and binding first liens against the property against which such assessments are made until paid. 5. The assessments shown on attached Exhibit "A" will be recorded by the County on the public. records of Indian River County, and the lien shall cons.t:ltute prima facie evidence of Its validity. This resolution was moved for adoption by Commissioner Scurlock and the motion was seconded by Commissioner Eggert and, upon being put to a vote, the vote was as follows: Chairman Gary C. Wheeler Aye Vice -Chairman Carolyn K. Eggert aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Richard N. Bird Aye Commissioner Margaret C. Bowman- Aye The Chairman thereupon declared the resolution duly passed and adopted this 11thday of July 1989. BOARD BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY,, FLORIDA By Attest ry Wheeler Ka irman ey arto v Clerk Approved Date AdMin. 0 S-•6` 9udget Dept. Risk Mgr. Attachment: Exhibit "A" 66 I PURCHASE OF METER TESTING EQUIPMENT - UTILITY SERVICES The Board reviewed the following memo dated 6/26/89: DATE: JUNE 26, 1989 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOVRVICES FROM: TERRANCE G..PIN DIRECTOR OF UTIL TY SUBJECT: METER TESTING PREPARED AND STAFFED BY: JOHN FREDERICK LANG ENVIRONMENTAL SPECIALIS DEPARTMENT OF UTILITY SERVICES BACKGROUND The Department of Utility Services is now over ten years old. The Department is acquiring existing water systems with a mix of water meters of varying ages. In the recent past, the water systems of Breezy Village,Mobile Home Park and River Edge Subdivision presented the Department with a group of older meters. Revenues are dependent on accurate meters, as most of the older meters are of the disc variety, which are subject to wear and thus the loss of accuracy. The Department proposes to purchase a portable small meter test kit. ANALYSIS The Department currently does not possess the capabilities necessary to test meters and must send protested meters back to the distributor or manufacturer. Older meters simply cannot be tested prior to expiration of warranties. A portable test unit would be capable of testing over 90% of the current meters in the system. RECOMMENDATION The Department of Utility Services recommends that the Board of County Commissioners authorize the spending of not more than $2,400.00 for said meter testing equipment and training. Funding will be from the Water Account #471-219-536-044-64. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved staff's recommendation as set out in the above memo. 67 J U L 111989 JUL 11 P-OD T1 ou.3zs PURCHASE OF WATER SYSTEM CONTROL INSTRUMENTATION - UTILITY SERVICES The Board reviewed the following memo dated 6/28/89: DATE: JUNE 28, 1989 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR _Q FROM: TERRANCE G. PINTO / J/' l r � DIRECTOR OF UTILITY SER ES STAFFED AND PREPARED BY: JOHN FREDERICK LANG ENVIRONMENTAL SPECIAS DEPARTMENT OF UTILITY SERVICES SUBJECT: WATER SYSTEM CONTROL INSTRUMENTATION BACKGROUND: The Department of Utility Services, in its Kings Highway Water Main Projects, extended the South County Reverse Osmosis Plant distribution system to the northerly limits of its service territory. Due to the inherent pressure drop in water mains and the difference in height of our four water towers, the plant's water tower can no longer serve as the controlling pressure indicator for our high service pumping system. The Kings Highway Water Tower is the tallest tower in the system and pressure readings from this tower must be transmitted to the water plant to control the new high service pumping system. ANALYSIS: A long term solution is implementation of a Supervisory Control and Data Acquisition System (SCADA System) utilizing radio waves. (This will be the final system the County acquires in three years.) To serve current needs, the Department proposes to purchase a telephone line signal system, a signal generator test instrument, digital capacitance meter, audible capacitor tester, and two digital volt/ohm/meters (VoMs). In addition, the Department would lease a telephone line from Southern Bell to create a similar system to the existing Gifford Pump Station/Water Tower System. RECOMMENDATION: The Department of Utility Services recommends that the Board of County Commissioners authorize the purchase, on an emergency basis, of two digital VOMs, a signal generator test instrument, digital capacitance meter, audible capacitor tester, and a telephone line signal system not to exceed $10,000.00, as well as a leased telephone line from Southern Bell. The funding for this project would be from the General Water Meters Capital Account. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved staff's recommendation as set out in the above memo. NEW HIRE FOR EXISTING LEGAL SECRETARY I_POSITION The Board reviewed the following memo dated 7/10/89: TO: Board of County Commissioners FROM: Charles P. Vitunac, County Attorney DATE: July 10, 1989 RE: NEW HIRE FOR EXISTING LEGAL SECRETARY I POSITION The County Attorney's Office has been advertising since approximately April for a beginning legal secretary to fill a position vacated by a resignation in our office. The current budgeted salary for that position is $15,392 annually. We have found a qualified applicant who will take the position for $16,431 annually, which we have agreed to. Because of the length of .time this position has been vacant, our budget has sufficient funds to pay this salary increase through the end of the fiscal year, and we request authorization to hire the new employee at the requested rate, which is well within the salary range for the position which is --$14-93T "to $20,163. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously approved the County Attorney's request for a new hire for the existing Legal Secretary I Position, as set out in the above memo. NORTH COUNTY FIRE DISTRICT MEETING The Chairman announced that immediately following adjournment, the Board of County Commissioners would reconvene acting as the District Board of Fire Commissioners of the North Indian River County hire District. Those Minutes are being prepared separately. JUL 111989 @00� 77 0 ,JUL 111989 BOOK i [,�-E'33 SOLID WASTE DISPOSAL DISTRICT MEETING The Chairman announced that Solid Waste Disposal District meeting would be held later this morning after the Board of County Commissioners come out of caucus re the firefighters' salary negotiations. Those Minutes are being prepared separately. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 10:47 o'clock A.M. ATTEST: e— -P Now Clerk 70 A.,7 Chairman