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HomeMy WebLinkAbout3/6/1990L- BOARS ,ACTION IMPLEMENTATION BOARD OF COUNTY COMMISSIONERS �,1a 1% INDIAN RIVER COUNTY, FLORIDA A G E N D A �► 'fir' ,�,Ci REGULAR MEETING $MrE-tr- r' MARCH 6, 1990 9:00 A.M. - COUNTY COMMISSION CHAMBER ADMINISTRATION BUILDING 1840 25th STREET VERO BEACH, FLORIDA COUNTY COMMISSIONERS Carolyn K. Eggert, Chairman James E. Chandler, County Administrator Richard N. Bird, Vice Chairman Margaret C. Bowman Charles P. Vitunac, County Attorney Don C. Scurlock, Jr. Gary C. Wheeler Jeffrey K. Barton, Clerk to the Board 9:00 AM 1. 2. 3. 4. 5. 6. Approved. Approved. Approved. Approved. CALL TO ORDER INVOCATION - Rev. Jerry Sweat, Asbury United Methodist Church PLEDGE OF ALLEGIANCE - Charles P. Vitunac County Attorney. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS 1, Withdrew I.tem'8,A,3 — Requests for Federal Grant Funds through the Anti�Drug Abuse Act of 1988 from Sheriff and Clerk of Circuit Court, 2. Moved up Item 10-D to 7-A. APPROVAL OF MINUTES - None CONSENT AGENDA A. Received & Placed on File in Office of Clerk to the Board: 1. Report of Convictions, Month of January, 1990 2. St. Johns River Water Manage- ment District Annual Financial Audit for FY 1988-89 3. Indian River Farms Water Control District Audit Report for Year Ended September 30, 1989 B. Proclamation in Support of Substance Abuse Council of IRC, Inc. C. Proclamation in Support of Retired Senior Volunteer Program D. Budget Amendment 044,- Unemployment Compensation (Memorandum dated 2/23/90) ry �i BOOK )LIAR 61990 MAR. 61990 BOOK i F'o, 430 6. CONSENT AGENDA - CONTINUED Approved. E. IRC Bid 90-37, Heavy Duty Truck w/Loader & Dump Body (Memorandum dated.2/21/90) Approved. F: Release of County Liens John & Sonia Kim (Memorandum dated 2/23/90) Approved. G. Community Services Block Grant Housing Rehabilitation Program Federal Fiscal Year 1990 (Memorandum dated 2/22/90) - Approved. H. Reappointment of David Haeseler, Robert A. Reid, and Anthony Gervasio to the Code Enforcement Board for another 3 -year term (Letters attached) Approved. I. Request to Attend Seminar (Memorandum dated 2/27/90) Approved. J. IRC Bid 90-47, Automated Telephone Attendant (Memorandum dated 2/27/90) Approved. 7A. Additional positron for Leisure Services 7. CLERK TO THE BOARD Comm. Scurlock Audit Selection Committee Representative appointed. (Memorandum dated 2/28/90) 9:05 AM 8. A. PUBLIC DISCUSSION ITEMS Nan Griggs, Executive Dir. made presentation. Auth. J. Davis to prepare assessment roll proj. for S. Bch. Rec. path from So.Bch. to spyglass Lane as requested by residents; w/the Co. contributing 25% to project. 1) Private Industry Council Annual Report (Letter dated 2/8/90)- 2) /8/90) 2) Request for South Beach Recreation Path Municipal Services Benefit District (Letter dated 2/28/90) Withdrawn 3) Requests for Federal Grant Funds through the Anti -Drug Abuse Act ' of 1988 from Sheriff and Clerk of Circuit Court (Letters dated 2/2/90 & 2/8/90) B. PUBLIC HEARINGS Res. 90-31 1) Request to Vacate the Sunshine Park rezoning will not be Quality Homes Unit 2 Plat a staff initiated rezoning. (Memorandum dated 2/23/90) 2) Ord. 90-5 adopted. Also adopted Risk Management Manual AN ORDINANCE CREATING A RISK MANAGEMENT PROGRAM AND PROVIDING FOR OPERATION OF THE PROGRAM PURSUANT TO A MANUAL DESCRIBING THE PROGRAM, WHICH MANUAL, AND THE POLICIES CONTAINED THEREIN, SHALL BE APPROVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: PROVIDING FOR SEVERABILITY, INCORPORATION IN CODE, AND EFFECTIVE DATE (Memorandum dated 2/7/90) 1 8. Ord. 90-7 as amended. Effective date set at 90 days. Moved to 7A. Approved. Approved. Approved. Res. 90-32 9. B. PUBLIC HEARINGS - CONTINUED 3) AN ORDINANCE REGULATING THE OPERATION OF LATE NIGHT RETAIL STORES: PROVIDING FOR DEFINITIONS: PROVIDING FOR REGULATIONS: PROVIDING FOR INSPECTIONS AND COMPLIANCE: PROVIDING FOR SELF-CONTAINED PAY BOOTHS: PROVIDING FOR AUDIOVISUAL MONITORING SYSTEMS: PROVIDING FOR WAIVER: PROVIDING FOR PENALTIES: PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY, INCORPORATION IN CODE, AND EFFECTIVE DATE (Memorandum dated 2/27/90) COUNTY ADMINISTRATOR'S MATTERS None 10. DEPARTMENTAL MATTERS A. COMMUNITY DEVELOPMENT None B. EMERGENCY MANAGEMENT None C. GENERAL SERVICES None D. LEISURE SERVICES Reclassification of Position Control Listing (Memorandum dated 2/13/90) E. OFFICE OF MANAGEMENT AND BUDGET None F. PERSONNEL None, G. PUBLIC WORKS Miscellaneous Intersections Phase III -A, Change Order No. 1 (Memorandum dated 2/15/90) H. UTILITIES 1) 6th Avenue Sewer So. of 8th Street, Assessment Project (Memorandum dated 2/21/90) 2) Radio Purchasing. (Memorandum dated 2/22/90) COUNTY ATTORNEY Resolution in Support of Environmental Learning Center Application for FIND Grant (Memorandum dated 2/27/90) MAR BOOK �� PAGE 431 1990 Fir - MAR 61990 BOOK .79 PA.uL 432 12. C014MISSIONERS ITEMS .. Adopted memo with the A. Committee for Consolidation following additionas of Fire Districts Add: 1 paid firefighter S. Co. B, CHAIRMAN CAROLYN K. EGGERT - 1 paid firefighter No. Co. 1 at large member. Chairman to write letter to all municipalities requesting their app't. to committee. C. VICE CHAIRMAN RICHARD N. BIRD First meeting to be in May. D. COMMISSIONER MARGARET C. BOWMAN E. COMMISSIONER DON C. SCURLOCK, JR. F. COMMISSIONER GARY C. WHEELER 13. SPECIAL DISTRICTS SOLID WASTE DISPOSAL DISTRICT Approved. A. Approval of Minutes of 12/12/89 Meeting Approved. B. Approval of Minutes of 1/2/90 Meeting+ Approved. C. Approval of Minutes of 1/16/90 Meeting D. Recycling Containers, Solid Approved. Waste Collection Centers (Memorandum dated 2/13/90) Dead vegetation will E. Disc. re: the freeze in Dec. & dead vegetation. be accepted at land- fill free until May 1st. Funds for landfill will come from emergency funds. 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. Tuesday, March 6, 1990 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, March 6, 1990, at 9:00 o'clock A.M. Present were Carolyn K. Eggert, Chairman; Richard N. Bird, Vice Chairman; Margaret C. Bowman; Don C. Scurlock, Jr.; and Gary C. Wheeler. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, Attorney to the Board of County Commissioners; Joseph Baird, OMB Director; and Barbara Bonnah, Deputy Clerk. The Chairman called the meeting to order. Reverend Jerry Sweat of Asbury United Methodist Church gave the invocation, and Attorney Vitunac led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Eggert announced the withdrawal of Item 8-A-3 -- Requests for Federal Grant Funds through the -Anti -Drug Abuse Act of 1988. Commissioner Bird asked that Item 10-D be moved up on the Agenda and taken right after the Consent Agenda. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved the withdrawal and the advancement of the above items. BOOK MAR 6199 FF,_ I MAR 61990 r -t s BOOK � 9 I [ r1. )t 3 CONSENT AGENDA Reports Received and placed on file in the Office of the Clerk to the Board: 1. Report of Convictions, Month of January, 1990 2. St. Johns River Water Management District Annual Financial Audit for FY 1988-89 3. Indian River Farms Water Control District Audit Report for year ended September 30, 1989 B. Proclamation PROCLAMATION IN SUPPORT OF SUBSTANCE ABUSE COUNCIL OF INDIAN RIVER COUNTY, INC. WHEREAS, the Substance Abuse Council of Indian River County, Inc. is a not-for-profit corporation which was organized because of the concern of Indian River County citizens about the dangers of substance use and abuse, namely alcohol, tobacco and controlled substances; and WHEREAS, the first goal of the Substance Abuse Council of Indian River County, Inc. is to identify and monitor the scope of substance use and abuse problems in Indian River County; and ` WHEREAS; the Substance Abuse Council of Indian River County, Inc. will identify, assess and coordinate existing resources within the county which provides education, prevention, intervention and treatment relative to substance use and abuse, and identify the need for additional programs and materials relative to such use and abuse; and WHEREAS, making citizens aware of the problems and disseminating information, as well as encouraging volunteer participation in meeting organizational goals are essential in combatting substance abuse; and WHEREAS, the Substance Abuse Council of Indian River County, Inc. recognizes the need for effective community prevention, treatment and after-care relevant to substance abuse, supporting law enforcement and judicial activities relevant to substance abuse; and WHEREAS, the Council's plans call for surveying county schools to establish an annual data base of progress and changes brought about by the established substance abuse programs: NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that all citizens of Indian River County are urged to support the efforts of the Substance Abuse Council of Indian River County, Inc. in fighting the problem of substance abuse. Adopted this 6th day of March, 1990. E BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Caro yn I Eggert, 'I dirman C. Proclamation - RSVP Day PROCLAMATION DESIGNATING MARCH 7, 1990 AS RSVP DAY IN INDIAN RIVER COUNTY, FLORIDA WHEREAS, 505 senior volunteers, members of The Retired Senior Volunteer Program (RSVP) of Indian River County donated a total of 95,000 hours of volunteer service to Indian River County which translates into $500,000 of work it saved the community; and WHEREAS, to honor these unselfish senior citizens, the Retired Senior Volunteer Program of Indian River County will hold its fourth annual Recognition Luncheon on Wednesday, March 7, 1990 at the Polish American Club; and WHEREAS, The RSVP is sponsored by the Indian River County Council on Aging and ACTION, the federal volunteer agency; and WHEREAS, RSVP is founded on dedication and a commitment to provide a variety of opportunities for retired persons who are age 60 or more to participate more fully in life through significant volunteer service; and WHEREAS, Indian River County benefits greatly by the thousands of volunteer _hours that senior citizens donate each year; and WHEREAS, presently more than 45 non-profit organizations and agencies have senior volunteers doing a number of challenging and interesting volunteer jobs in our community: NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that Wednesday, March 7, 1990 be designated as RSVP DAY in Indian River County. BE IT FURTHER PROCLAIMED that the Board commends the unselfish senior citizen volunteers who donate their time and efforts in this County. Adopted this 6th day of March, 1990 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA 1.1Z1'11"4c& Carolyn Egger: hairman 3 BOOK frAtut 4u MAR 61990 Boos �� Fa,t Q-6 D. Budget Amendment 044Unemployment Compensation The Board reviewed the following memo dated 2/23/90: TO: Members of the Board of County Commissioners DATE: February 23, 1990 SUBJECT: BUDGET AMENDMENT 044 - UNEr+JPLOYMENT COMPENSATION CONSENT AGENDA THROUGH: Joseph A. Baird OMB Director FROM: Leila Beth Miller Budget Analyst Description and Conditions The State of Florida, Department of Labor has charged Indian River County for Unemployment Compensation payments to former employees. A budget amendment is required to reflect these payments. Recommendation Staff recommends the Board of 'County Commissioners approve budget amendment 044 to refund Unemployment Compensation payments, funding to come from contingencies. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously approved Budget Amendment 044, as recommended by OMB Director Baird. TO: Members of the Board of County Commissioners FROM: Leila Beth Mille 4 SUBJECT: BUDGET AMENDMENT NUMBER: 044 DATE: February 23. 1990 Entry Number Funds/Department/Account Name Account Number Increase Decrease 1. EXPENSE GENERAL FUND/Clerk to the Court UnemDlovment Compensation 001-309-516-012.15 4.500.00 0 Reserve for Contingency 001-199-581-099.91 0 4,500.00 4 E. IRC Bid 90-37 - Heavy -Duty Truck w/Loader & Dump Body The Board reviewed the following memo dated 2/21/90: DATE: February 21, 1990 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR H.T. "SONNY" DEAN, DIRECTOR DEPARTMENT OF GENERAL r FROM: DOMINICK L. MASCOLA, MANAGER PURCHASING DIVISION SUBJ: IRC BID #90-37 HEAVY DUTY TRUCK W/LOADER & DUMP BODY BACKGROUND: On request from the Solid Waste & Recycle Division the subject bid for a Heavy Duty Truck w/Loader & Dump body was properly advertised and Fifteen (15) invitations for -bid were sent out. On. January 31, 1990 bids were opened and Three (3) vendors submitted proposals for the equipment. ANALYSIS• ' Staff has reviewed the submittals to ascertain adherence to speci- fications. Larry Thompson Enterprises was low bidder at $54,230.00, but did not meet the minimum specifications. (See Solid Waste Dis- posal Division Memorandum.) MTA Corporation was the low reponsive bidder at $57,092.00 that met all specifications. The difference in price is $2,862.00. FUNDING: Monies for this equipment will come from the Solid Waste Recycling Division's Automotive Account, which has a budget of $70,000.00. RECOMMENDATIONS: Staff recommends the award of the Heavy Duty Truck w/Loader & Dump Body for $57,092.00 to the lowest repGnsivebidder, MTA Corp. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously awarded IRC Bid 90-37 to the lowest responsive bidder, MTA Corporation, in the amount of $57,092 for a Heavy Duty Truck w/Loader and Dump Body, as recommended by staff. 5 MAR 6 1990 BOOK I U F� c 4 6,3 7 � 1 BOOK. 1 / � fA�E f � F. Release of County Liens The Board reviewed the following memo dated 2/23/90: TO: The Board of County Commissioners FROM: LSC William G. Collins II Assistant County Attorney DATE: February 23, 1990 SUBJECT: John and Sonia Kim - Release of County Liens By Resolution Nos. 89-146 and 90-06, Public Nuisance Liens were recorded against Lot 15, Block 9, Vero Shores Subdivision, Unit 1, owned by John and Sonia Kim. Mr. and Mrs. Kim have paid both liens, amounting to $260.76 and, accordingly, this office is requesting that the Board authorize the Chairman to execute the attached Release of Liens. Back-up information for the above is on file in 'the County Attorney's Office. 6 BOA14D OF COUNTY COMMISSIONERS Dote ` 2/1/90 1840 nth Somt VvvSeaeh.Flori"=50 i PURCHASING DEPT. i � NSR i BID TABULATION rar.w: 13M w:aow mac• �, Submitted By Dornhick L Mescoia PURCHASING MANAGER * .. •C �* , Bid Na 9D-37 Date Of Opening 1131/90 Recommended Award Larry Thompson �CpR10°` 54,230.00 Bid Title Heavy Duty Truck v/lcader S Asap Body 1. Lark Th=oson Entses Inc S54.230.00 7. Mareo Machinery NO BID 532 North Scenac hvq lake Vales, F1 33853 Umpa, F1 33637 2. ltTh Fmxtnment .Corporation S57.092.00 Fust hwiilja Island, F132D34' S. Peterson Industrial Machines No lam Wales, Yi 33553 3. Goastal Ford Truck Sales 58,414.06 w btate ha 04 Fort Lauderdale., F133312 orlardo, F1 5. Sunrise Ford S Tractor Co NO BID u Ft Pserce, 9v 6. Mopdy S Sons y. .j Poe�parw, F1 33073 F. Release of County Liens The Board reviewed the following memo dated 2/23/90: TO: The Board of County Commissioners FROM: LSC William G. Collins II Assistant County Attorney DATE: February 23, 1990 SUBJECT: John and Sonia Kim - Release of County Liens By Resolution Nos. 89-146 and 90-06, Public Nuisance Liens were recorded against Lot 15, Block 9, Vero Shores Subdivision, Unit 1, owned by John and Sonia Kim. Mr. and Mrs. Kim have paid both liens, amounting to $260.76 and, accordingly, this office is requesting that the Board authorize the Chairman to execute the attached Release of Liens. Back-up information for the above is on file in 'the County Attorney's Office. 6 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously approved the Release of Liens, as set out in the above staff recommendation. RELEASE OF LIENS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE :•lwk G. Community Services Block Grant Housing Rehabilitation Program Federal Fiscal Year 1990 The Board reviewed the following memo dated 2/22/90: TO: The Honorable Members of the DATE: February 22, 1990 FILE: Board of Countv Commissioners THROUGH: H. T. "Sonny" Dean, Director Department of General Servic 4� SUBJECT: Community Services Block Grant Housing Rehabilitation Program Federal Fiscal Year 1.770 FROM: Guy L. Decker, Jr.' REFERENCES: Executive Director I.R.C. Housing Authority It is recommended that the data herein presented be given formal consideration by the County Commission. DESCRIPTION AND CONDITIONS: The State of Florida's Department of Community Affairs has once again allocated $6,295 to Indian River County under their CSBG Program, and the Housing Authority would like to utilize this grant to provide. -rehabilita- tion housing consulting services which activates rehabilitation .funding from governmental sources.' This program will run from April 1, 1990 to September 30, 1990. The Farmers Home Administration Section 504 Program provides housing rehabilitation loans and grants to low-income and elderly persons who lack the finances to make their homes decent, safe and sanitary and free of health and safety defects. This 1990 Program is -targeted in the Gifford Area of the County and 14 low-income and elderly owners will have their homes brought up to safe and sanitary standards. It's also targeted in Wabasso and 0ld Oslo Park Areas. ALTERNATIVES AND ANALYSIS: This is our eighth year of funding under Legislation passed by the Congress which consolidates various social programs into the block grant categories. 1990 " IWAR 6aoo� !' fAcL P.� _I MAR 61990 BOOK 7 '9 Fri c 4 4 U RECOMMENDATION: We respectfully request the County Commission to authorize its Chair- man to execute the Award Agreement for submission to the Department of Community Affairs for this CSBG grant. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously approved the Award Agreement for submission to the DCA, and authorized the Chairman's signature, as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD H. Reappointments to the Code Enforcement Board ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously reappointed David Haeseler, Robert A. Reid, and Anthony Gervasio to the Code Enforcement Board for another 3 -year term. I. Request to Attend Seminar The Board reviewed the following memo dated 2/27/90: TO: The Board of County Commissioners FROM: Charles P. VItunac - County Attorney wwc Farr cpt/ DATE: February 27, 1990 SUBJECT: Request to Attend Seminar Request permission for one member of the County Attorney's Office to attend the Thirteenth Annual Local Government Law In Florida Seminar in Tampa on Thursday, March 8, 1990 through Saturday, March 10,1990. Seminar information is attached. 8 This program for fourteen (14) will bring homeowners about improvements in safety and sanitation with an average cost of $5,000 The $6,295 Grant plus $2,695 in per unit. cash and in-kind contributions by -the Housing Authority will be supplemented with $72,000 in loans and grants from the r_-.. Farmers Home Administration. This program requires no additional County .funds. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously approved the Award Agreement for submission to the DCA, and authorized the Chairman's signature, as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD H. Reappointments to the Code Enforcement Board ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously reappointed David Haeseler, Robert A. Reid, and Anthony Gervasio to the Code Enforcement Board for another 3 -year term. I. Request to Attend Seminar The Board reviewed the following memo dated 2/27/90: TO: The Board of County Commissioners FROM: Charles P. VItunac - County Attorney wwc Farr cpt/ DATE: February 27, 1990 SUBJECT: Request to Attend Seminar Request permission for one member of the County Attorney's Office to attend the Thirteenth Annual Local Government Law In Florida Seminar in Tampa on Thursday, March 8, 1990 through Saturday, March 10,1990. Seminar information is attached. 8 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously approved the County Attorney's request for one member of his office to attend the 13th Annual Local Government Law in Florida Seminar in Tampa on March 8-10, 1990. J. IRC Bid 90-47 _- Automated_ Telephone Attendant The Board reviewed the following memo dated 2/27/90: DATE: February 27, 1990 TO: BOARD OF COUNTY CCMM+iISSIONERS THRU: James E. Chandler, County Administrator H.T. "Sonny" Dean, Director Department of Genera e FROM: Dominick L. Mascola, CPC) Manager Division of Purchasing SUBJ: IRC BID#90-47/AUTGMATED TELEPHONE ATTENDANT BACKGROUND: OUND: On request from the General Service Department the bid for Automated Telephone Attendant was properly advertised and Eight Invitations to bid were sent out. On February 22, 1990 Three (3) vendors submitted proposals for the commodity. ANALYSIS: Staff has reviewed the submittal to ascertain adherence to specifications. Southeast Business Communications, Inc. was the low bidder that met all requirements. ryd3'1 FUNDING: 4 Monies for this project will cone from Budget Mailroom Funds, Communications Eq ipnent, which has a budget of $40,000.00. RECOMMENDATION: Staff recommends the Award of a Fixed Contract for $33,359.00 to the low bidder, Southeast Business Communications, Inc. MAR 61990 L- BOOK f`t GE X41 FF - LIAR 6 1990 BOOK ,_r r ,GE 442 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously approved staff's recommendation as set out in the above memo. • BOAhD OF COUNTY COMMISSIONERS - 18402594 Sneer.vemBeep.,FloridanM � V r...w, 13M"74000 z� y a- T- 10""IS7dnuHCd Recommended AwardSoutheast Bnaiaesa $3,359.00 - R►Op' PURCHASING DEPT. BID TABULATION By DOmWCk L Meecola PURCHASING MANAGER Bid Na. 90-47 Data Of Opening 3/21/90 Bid Tit ' le Automated Telephone Attendant 1. Southeast Business Commun cations. Y,, All 159 -no Titusville, Florida 32780 2. Tel Plus Communications S37J44.0n�— Boca gaton, F1 33487 3. NEC Business Communications Svstema $165,176.00 West Palm Beach,.F1 33407 ' RECLASSIFICATION OF POSITION CONTROL LISTING TO: FROM: The Board reviewed the following memo dated 2/13/90: Members of the Board DATE: February 13, 1990 FILE: of County Commissioners ,SUBJECT: Reclassification of Position Control Listing Bob Kar rivet REFERENCES: Director of Go DF.SCRIPTI�i AND ANALYSIS Because of customer demands staff has had to increase the hours of operation of the Snack Bar of the Sandridge Golf Club from 9:00-4:30 p.m. to 7:30-5:30 p.m.. With these additional hours it is almost impossible for the present budgeted staff to cover an increase of almost twenty staff hours per week considering one additional hour per day to set up and clean. 10 With these additional hours of operation staff has experienced a potential increase in revenue of approximately $3,000.00 over last year during this same period, but we feel this amount will increase into the summer months. Although the revenues are not substantial staff feels that it is necessary to add staff for the additional man hours and also to have a back up person available to cover off days and non scheduled sick days. Staff would like to amend the present part-time position and increase that position to full-time and change the part-time position to 1 15 hours per week. The total cost through a budget amendment would be a request of additional funds of $10,900.00. The breakdown. is the difference between Gross Salary $5,962.32, FICA $912.23, Ins. $1,838,20, Life $378.00, Retirement $1,805.39, and Workmen's Cramp $5.44. RE7CXMMEDATIM Staff recommends & budget amendment in account # 418-232-572-011.13 for additional funding to staff the Snack Bar at the Sandridge Golf Club adequately. Administrator Chandler explained that this is actually a request for an additional position. We would be reducing the hours of the part-time, but would be adding a full-time position. There has been an increased demand for the food concession at the golf course, and we have expanded our hours to meet that demand, and there just isn't enough people to provide service 7 days a week. Although there will be be some increase in revenue, it will not totally offset the expense. On the revenue side this year to date, we are at approximately $60,000-$70,000 ahead of budgeted revenue. Chairman Eggert understood that it wouldn't be possible to just add a part-time position, and Golf Director Bob Komarinetz confirmed that it would not be possible with the 70 hours of operation, because the minimum for a part-time position is under 30 hours a week. Commissioner Bird noted that we are averaging in excess of 350 players a day, and in spite of that kind of traffic, he has not received any complaints. People seem to be happy, and the course is in excellent condition. We are expecting to expand by April 1, 1990. MAR 61990 11 r LIAR 6 1990 BOOK 79 PAGL ON MOTION by Commissioner Scurlock, SECONDED by Commissioner gird, the Board unanimously approved staff's recommendation, as set out in the above memo. AUDIT SELECTION COMMITTEE REPRESENTATIVE The Board reviewed the following memo dated 2/28/90: TO: Board of County Commissioners DATE: Feb. 28, 1990 FILE: Hon. Carolyn Eggert, Chairman SUBJECT: Audit Selection Committee Representative FROM: Jeff Barton REFERENCES: Clerk of Circuit Court Please appoint a representative from the Board of County Commissioners to participate on the Audit Selection Committee. The first meeting will be held Friday, March 9 at 2:00 in the first floor conference room in the County Administration Building. Jeff Barton, Clerk of Circuit Court, advised that our current audit contract with Coopers Lybrand ran out with the finish of our '89 fiscal year audit. The selection of the final three candidates and the recommendation to the Board is a lengthy process, and they would like to get started as soon as possible. A meeting is scheduled for this Friday afternoon at 2:30, and they would like a representative from the Board to be there. He believed that Commissioner Scurlock served the last time this was done, and Commissioner Scurlock offered to serve on the committee again. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bird, the Board unanimously appointed Commissioner Scurlock to the Audit Selection Committee as their representative. 12 PRIVATE INDUSTRY COUNCIL ANNUAL REPORT The Board reviewed the following memo dated 2/8/90: _lNea�uNe (f..Jt Pi,,.t. ,�ndu�tNc� C... 3405 N.W. Federal Highway Suite 101 • Jensen Beach, Florida 34957 (407) 692-1500 (407) 465-8844 (407) 562-0700 Sincerely, r 59��-�g Nan Griggs, Executive Director Nan Griggs, Executive Director of the Treasure Coast Private Industry Council, before going into the presentation of the annual report, wished to thank the Board for allowing Commissioner Bird to be their representative on the council. Mrs. Griggs read aloud the following Chairman's 8 Executive Director's Message: MAR 6199Q ' 3 eooK Fau 42ij L February 8, 1990�,-f\\�W10J79 RKN%Y FARELL FEB 1990 WWchar� tIV-roRg FIC Mr. James Chandler Np EU7ASMJACKWN Indian River County Administrator T' 1840 25th Street r� ,KAF"� Vero Beach, FL 32960 CHM FOG& Dear Mr. Chandler: sUZAMMEHUTCHES M EKMLM MG JR This is to confirm my being placed on the agenda of the L&WAG" MASOM March 6, 1990 meeting of the Indian River Board of MUER JR Isar County Commissioners. The purpose is to present the FKXO1 PMW.sa Annual Report of the Treasure Coast Private Industry M0VnTMTAQU0 Council. Enclosed are copies of the 1988-89 Annual IEMVKNUM Report to be distributed to the County Commissioners for NM WNW Execuffie DfmcW review prior to the meeting. BOBBIE HMAADDAVIB AU149ftr*D1mc« If you have any questions or need additional information, please contact me at 562-0700. Thank you in advance for honoring this request. Sincerely, r 59��-�g Nan Griggs, Executive Director Nan Griggs, Executive Director of the Treasure Coast Private Industry Council, before going into the presentation of the annual report, wished to thank the Board for allowing Commissioner Bird to be their representative on the council. Mrs. Griggs read aloud the following Chairman's 8 Executive Director's Message: MAR 6199Q ' 3 eooK Fau 42ij L MAR 61990 BOOK 79 446 CHAIRMAN'S & EXECUTIVE DIRECTOR'S MESSAGE As Chairman and Executive Director of the Treasure Coast Private Industry Council, we are proud of the PIC's accomplishments during this past year. We met and exceeded all eight performance standards set by the State and were awarded a bonus of $275,235 for outstanding performance in 1988, the fourth highest award in the state and the highest ever locally. More than 2,000 people were served by us during the year and 77% of the unem- ployed adults entering our program left it employed. Approximately one-half of these people were on public assistance when they came to us, 10% were handicapped, and one- fourth were dropouts needing remediation and basic skills as well as job skills. Sixty-seven percent (679/6) were still employed at year end and the average wage at placement for all participants was $5.20 per hour. We offered computer-assisted remediation in all high schools and assisted in initiat- ing a Performance Based Alternative Program at Fort Pierce Central High School. Ninety- three percent (930/6) of all youth served by us attained a state measured skill competency or employment and 91% of those employed remained employed at follow-up, the highest percentage in the state. We have assisted former welfare recipients and consumers of our tax dollars to be- come employed and contributors to our tax base at a 75% success rate. Every tax dollar in- vested in them is now being returned to the local community at a rate of over two and one- half times. Follow-up showed that 70% of the former welfare recipients we placed in jobs were still there and statewide statistics show us to be 25% above the state average for long term retention in jobs by this group. Our spending boosted the local economy by $4 million and more than 10% of that was paid directly to employers either in cash for training or in certificates for tax benefits for hiring the economically disadvantaged. Many industry specific training programs were developed and our Grove Equipment Operators Training Program received a "Midas" Award from the State Job Training Coordinating Council. State recognition was also received for our economic development marketing efforts. Our cooperative, innovative approach to employment and training was recognized locally by the St. Lucie County Council of Social Agencies; statewide by the Governor's Employ- ment Alliance; and nationally by the National Alliance of Business. The Private Industry Council is making a difference on the Treasure Coast. We thank our dedicated PIC members and staff who have made contributions above and beyond to assist residents of the Treasure Coast to a better life and make that difference a reality. RICKEY L. FARRELL Chairman NAN GRIGGS Executive Director Upon conclusion of the presentation, the Board expressed their appreciation of the outstanding job that the council has done in Indian River,County, and wished them well in the next year. 1988-89 ANNUAL REPORT IS ON FILE IN THE OFFICE OF THE CLERK TO THE : • ' It 14 REQUEST FOR SOUTH BEACH RECREATION PATH MUNICIPAL SERVICES BENEFIT DISTRICT The Board reviewed the following letter dated 2/28/90: February 28, 1990 Carolyn K. Eggert, Chairman Board of County Commissioners Indian River County 1840 - 25th Street Vero Beach, FL 32960 Dear Mrs. Eggert: A number of residents of the south A -1-A area have been work- ing for the past year to gain support for construction of a recreation path along A -1-A and within the South Beach Recrea- tion Path Municipal Services Benefit District. Attached is a copy of information that was given to property owners living within the MSBD. They were asked to sign a statement of support for construction of a recreation path based on this information. Also attached are copies of the signed support statements and a numerical analysis of that support. You can see.from the analysis that, outside of The Moorings, of those asked to sign, 94% did so. Within The Moorings, where our breakdown is not so comprehensive, the support is 58/ of total property owners. These figures are derived from individ- ual volunteers' counts within each subdivision and condominium. We think they reflect overwhelming support for the -construction of the recreation path. We have had considerable guidance from Commissioner Dick Bird throughout this effort. The estimate of construction cost was given to us by Jim Davis, Public Works Director, who has been most helpful as well. Indeed, his support has been in- valuable. The result of their efforts and the very hard work of many of the affected residents is apparent in our success. We will appear before the County Commission on March 6 to ask that you give us the same positive response -- activate the benefit district, make the assessment and build the recreation path as early in the coming fiscal year as is possible. Sincerely, Carol Bakule Muriel Moyer Kim Holcomb Judy Roberts LC7-7---,('S O,- S;4 f/10 RT- Z N aFFie� 15 MAR 61990 BOOK 1 N�U, E 4 1 MAR 61990 sooK �'9 F,1cE 448 Judy Roberts recalled that it was exactly one year ago today they met to talk about reactivating the South Beach Municipal Services Benefit District in order to assess the costs for building a recreation path along AIA, and with lots and lots of volunteers and with the help of Commissioner Bird and Public Works Director Jim Davis, they put together a plan they feel will work, will work quickly and will certainly give them what they want on south AIA, and will establish a precedent for other neighborhoods in the county that would like to have the same thing. In working with Mr. Davis, they determined that the cost for a 5 -ft. wide concrete path would be $330,000 That is a conservative estimate, and hopefully, it will be less than that. The residents are willing to pay on a petition pavement basis where 70o is billed to the residents and 25% is picked up by the County. Each homeowner would pay the same set amount, an equal portion, rather than it being assessed on the value of the property. t ,� •eta a ?'_,,, " ! a Indian River County Ordinance #83-21, the South 'Beach. Recreation Path Municipal Service Taxing Unit, was enacted , in 3 by the County Commission to fund a recreation path along A -I -A south of the Vero Beach city limit. The ordinance was �} amended in 1989 to become a municipal benefit taxing unit. .t The City of Vero Beach plans to have in place within the next 24 months an unbroken recreation path from Indian River.,Shores r� y , to the south city limit. t f !e. s�, - Recognizing the need for : such a path on thecrowded 'south section of A -I -A, a group of that area's residents has formed to ask the County Commission to activate the South .Beach Recreation Path Municipal . Benefit Taxing Unit, as amended,_;;to,: construct the recreation path and to assess affected !* homeowners 75$ of the cost, the County to pay 25%. This;..i.s consistent with other "petition paving" -type projects that. have been done in the county.? . " '• . • , , . ;'^, rat*':+' ..Subdivisions that already have a path in place and those'that have escrowed funds to provide a path, will NOT be charged again. 16 The building �of thepath has been designed over two phases. ,Phase One covers from the south city limit to St. Edward's, �.,. Upper School. Phase Two reaches from St. Edward's south to Spyglass Lane, If both phases are constructed simultaneously, , the cost is projected to be $157.75 per equivalent residential., unit. '- At 75% cost to the homeowner, that is $118.32 peir .ERU.'�' If Phase One, only, is done at this time, the projected cost =as','..$203.20 per ERU; or $152.40 at. 75% assessment, to affected property owners.'pa The benefits of such a path are obvious. One has only to note .the *use of the path in Indian. River Shores and .the Memorial Isiand walking trail The increased bicycle traffic,: along.,�sr1,'� A=I -A makes the -need for such a path painfully evident.' 'We a: are asking all homeowners to sign ,a petition._ requesting the :County Commission to immediately construct the recreation path � and to assess affected homeowners as outlined above -_ t 73 as Please join us in the effort to further enhance the wonderfuh'' r °' 'advantages of living in this community' = Health, pleasure and safety are all important. aspects of "the good life." 3 t ja�'$ w Y •i .s'^Y tN^J.+' a5;r ��ti"5"� eF .+cpt. +' .. a S t.�Aa �X.{Ut +° +lt.!i'. th .+9.y'�!!�F'�&j'•. N'j, �.i •ti .� r Mrs. Roberts noted that the Board has received copies of the signed statements of support, copies of the literature they have passed out to residents, and copies of the letters of support from St. Edward's School and Indian River Memorial Hospital. They have received overwhelming support to do both phases at the same time. The assessment cost was based on The Moorings and St. Edwards School not being assessed this cost. She knew from conversation that this is not acceptable to some people; however, the people. who signed these statements of support know that was was figured into the costs. The negative response is from people who don't want to pay because they just don't want the path in their neigh- borhood. Chairman Eggert had a problem with the Moorings and St. Edward's School not being included, because she thought it had to be everyone. 17 BOOK B F'1 � 9 MAR 6 1990 �; � _a r BOOK .i � PAGt � Attorney Vitunac advised that it should be everyone who is receiving a benefit, but the Board can make a decision that some people don't really get enough benefit to be in the district. Commissioner Scurlock understood then that we have enough flexibility, if we so choose, to eliminate those two assessments, and Attorney Vitunac advised that the Board would have to make a finding that they would not receive enough benefit. However, if they are in the district under the MSTU and receiving a benefit, they should pay. After looking at the law and who is in the district, he personally felt they should pay. There is a way we could proceed more expeditiously and that is under Public Works standard procedures for special assessments. Mrs. Roberts expressed their appreciation of Director Davis's patience and help in this matter, but they don't feel they can afford to kill this project or have it hang on the issue of the elimination of St. Edward's School and The Moorings. Attorney Vitunac advised that the Board could have Director Davis bring back a proposed district, and then we would pass the four resolutions saying it is a project we like and here's the proposed roll. Then we would schedule a public hearing for all the people, go out to bid, do the project and collect it like a regular assessment. However, the County would have to advance the funds because we would need to have the money in hand. Under our normal procedure, we front the money, do the project, and then special assess everyone and get the money back. OMB Director Joe Baird advised that right now we do not have $330,000 appropriated for this purpose. In an assessment program, the money goes out in about a year. In other words, there would be an expense in this year that was not appropriated. We would have to do a budget amendment for $330,000 if we want to do it this year. If we wait until October, we would just handle it in the budget sessions in July. 18 Mrs. Roberts understood then that we are talking about two years if we go through the special assessment rather than the benefit district. Chairman Eggert explained that the special assessment process would be even faster than going through the benefit district procedure, but Commissioner Bird pointed out that would be the case if we had the money, but we don't. Commissioner Scurlock believed there is an ability to include any short-term financing as part of the assessment, and Chairman Eggert understood that if we went to the benefit district, it would have to go out on next year's bills. Attorney Vitunac explained that you could borrow a note from the bank or you could borrow internally and do the project. It is going to take several months to develop the program and have the hearings and that could put you into October anyway. He would strongly recommend getting rid of the benefit district concept and doing it under Director Davis's method. It probably would be sooner that way because otherwise you would have to do it within the boundaries of the district and you may want more flexibility. Mrs. Roberts understood that if it was done through a straight assessment, there is some room for equivalent units, and Commissioner Scurlock explained that there is an equalization hearing. Anytime you do a special assessment, there is an ability through that public hearing process for an individual to come in and appeal directly to the Board for relief due to special circumstance. In the assessment program, we would determine a certain equivalent number of ERUs for St. Edward's School and for the Moorings Club. Attorney Vitunac reiterated that it could be done quicker with the special assessment than with a benefit district because with the district the timetables have to merge with the County budget process. Under Director Davis's procedures, you could start tomorrow really to schedule the hearings and do it in 2-3 months. 19 BOOK 9 F,1Gc'xe�. MAR 61990 r MAR 61990 BOOK, Director Director Davis didn't see where there would be a problem in moving expeditiously under the special assessment process, but he wasn't sure we could have it ready in two or 3 months. We could schedule the public hearings for resolutions.authorizing the project, and we would have to look at some interim financing sources to fund the initial work. The problem in using the benefit district is that once you begin trying to exclude certain properties such as a golf course or a school, -it is very difficult for the Tax Assessor to go into the district and subtract out properties. Everything is set up in the computer based on millages and ad valorem taxes, and he almost has to do it manually. However, if we do it manually, we can equalize that 2100 -person assessment roll and determine equity much easier than the Tax Assessor. Director Baird emphasized that if you make the commitment, you have to appropriate the funds, which means budgeting the funds. Under either method you can start the process today, but your true expenses would not be occurred until October. For auditing purposes, however, it has to be budgeted. Commissioner Bird felt the main two concerns of the people who are supporting the path in that area is going to be the timing of when it can be built and what it is going to cost. He understood that staff is saying that under this proposal for a special assessment, the timing could be as good or shorter than it would be under the other scenario and that the bottom line expense to the people would be basically the same. Chairman Eggert added that it is also something that other people in the community could use, and we have precedence, apparently, for bringing in the Moorings Club and St. Edward's School at 11 ERUs. Commissioner Bowman didn't see that there is that much difference in the time element between the two methods. 20 ON MOTION by Commissioner Bird, SECONDED by Commissioner Scurlock, the Board unanimously authorized the Public Works Director to bring back a special assessment project for a recreation path in the south beach area as requested by the residents under the standard special assessment method with the County contributing 25% of the cost of the project. Judy Roberts, Carol Bakule, Muriel Moyer and Kim Holcomb received a big hand of applause for their efforts from those in attendance who supported the bike path, and Director Baird advised that he would come back with some recommendations for funding this up front. PUBLIC HEARING - REQUEST TO VACATE THE SUNSHINE QUALITY HOMES UNIT 2_PLAT The hour of 9:05 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication, 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—Ir who on oath says that he Is Business Manager of the Vero Beach Press -Journal, a daily newspaper puhuahed at Vero Beach In Indian River County! Florida; that the attached copy of advertisement. Ming NOTItt oP PUBLIC HEARMO to M8 s ft °ePuel�q tea coo esdsunshine Hernee Un"2':d=-hi Book S. Pegg 87 of ea putdh recede I... County, Fbrbe. e • The sup�eel0roperry h deeulbed ev: Thal wbp INon elro -, on a plat en& sed 'Sunehbro Ouapry Monroe UM -2" In the matter of As R M Blot Book a, Pegg 4T of aro Pea. Ib Reepde of bitllen River County. The rBoerd of Ccunfy Commteelprore wig epi. reVueet. the pouupprppc�ear iql t (which _ parties in "The ehea have en Iry to htereM be hand, vtN be held by = Blvond Coumy - In the _ __.—_—. _Court, was pub- of C_,. Coun � ry Ad,0:1lehega madm�roan b. .4 looted at t84o 2 S'1yr Vero Beall, Flpldi 9, a3. /99D fished In said newspaper In the issues of --- °n T°°��r• µ e, trio u ars e.m An" ' a ei memaeye tthhlsomeeeo=l need ee0hof �p��apemme�t whIch Inelud aro eslimo y eeM svidsl s umepaai whleh aro SWal oris be based. INDIAN R R COUNTY - BOARD 7CCOUNTY COMMWlDNEJ% • Alflenl further says that the sold Vero Reach Press -Journal is a newspnpar published at Vero Beach, In said Indian River County, Florida, and that the said newspaper has heretofore fea.9, BY 944 IANS 23. t oARY C. WHEELER,CWURM54 been continuously published in said Indian River County, Florida, each dally and has been entered as second class mail matter at the post office In Vero Beach, In said Indian River Coun- ly, Florida, for a period of one year next preceding the fits[ puhlicatlon 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 lar the purpose of securing this advertisement lot publication In the sold newspaper. � Sworn to and subscri"ed before me Ihi. ' `%.?� fl Y I,k�i�l (D. 19 T_1P_ V1w �(µms►.//�iN�. � __ t: (Business M ger) �1 iA Chblill Crourt, 4;1d n RPoer p unly, Florida) iSEAIJ 21F°Gr 5J '® e� MAR 61990 MAR 6 1990 BOOK �� FATE 454 The Board reviewed the following memo dated 2/23/90: TO: James E. Chandler County Administrator DIVISION HEAD CONCURRENCE: c Rober M. ea.ing, AI Community DeJvglopment irector FROM: Stan Boling, AICP Planning.Director DATE: February 23, 1990 SUBJECT: REQUEST TO VACATE THE SUNSHINE QUALITY HOMES UNIT 2 PLAT i I It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 6, 1990 DESCRIPTION AND CONDITIONS: Architect John Dean, on behalf of Frank and Concetta Liggieri and Paul Liggieri, owners, is requesting that the Board of County Commissioners vacate the "Sunshine Quality Homes Unit -2" subdivi- sion as recorded in Plat Book 5, Page 63, public records of Indian River County, Florida in 1958. The vacation request covers 19 vacant lots, a park tract, and several "paper street" segments. This request was originally scheduled to be considered at the December 19, 1989 Board of County Commissioners meeting. However, the request was withdrawn by the applicants to allow time for the purchase of the subdivision park tract from the county. The applicant has now successfully bid for the park tract and is now finalizing the purchase. The subject Unit 2 plat is an "extension" of the Unit 1 existing single family subdivision which lies between Unit 2 and 6th Avenue. None of the platted Unit 2 roadways provide access to adjacent properties. However, some public utilities improvements are located within some of the platted rights-of-way (said rights-of-way are dedicated to the public). The subdivision also includes a park tract which measures 97' X 59' dedicated to the county via the plat. Except for the park tract, all other portions of the subdivision are zoned RM -10, Residential Multiple -Family up to 10 units per acre. The park tract is currently zoned CG, General Commercial, and, as previous- ly indicated, is being purchased by the applicants. Upon purchas- ing the tract, the applicants will own and control all portions of the entire subdivision. The applicants are requesting the plat vacation so that the entire subdivision may be unified and developed as one project without the constraints of the existing right-of-way and lot layout. ANALYSIS: - State Requirements 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: 22 M M i 1... It must be shown that he persons making applications 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. 4. Proof of publication of the petition for vacation must be attached to the petition. 5. 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 have been satisfied in regards to the plat vacation request. - County Review In the course of review it has been determined that although the request can be granted, the County needs to retain drainage -and utilities easements over the road rights-of-way at this time. Retaining these easements will legally cover the existing public utilities improvements that are now physically located in portions of right-of-way. Also, these easements will ensure that future required drainage and utilities improvements needed to serve the site can be accommodated under any circumstances. It is the applicant's intention, via subsequent site plan development, to work with County staff to create an alternate drainage and util- ities easement plan to best accommodate the actual future site development. The plat vacation resolution proposed by staff retains the necessary drainage and utilities easements over the entire area of what is now right-of-way; these easements could later be modified during the review of a development plan. SUMMARY: All of the Sunshine Quality Homes - Unit 2 subdivision is proposed to be vacated. The proposed resolution retains easements for drainage and utilities, which could later be released by the county. Once the site developer has specific proposals for redevelopment, the drainage and utilities easements can be altered to best accommodate development. RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt the attached resolution vacating all of the Sunshine Quality Homes Unit - 2 subdivision plat and retaining drainage and utilities easements as previously described, subject to the following condition: 1. The resolution of abandonment shall not be recorded until the park tract purchase is finalized. MAR b 1990 23 BOOK bi VAR 6 0 [i00K Ick r � � 45 Commissioner Wheeler asked how that would cut into the residential neighborhood east of there, and Planning Director Stan Boling explained there are single-family homes east of there in what is Unit I between there and 6th Avenue. The property is already zoned multi -family, so there will be more traffic going down that segment, but that is the way it is set up through the previous platting in there. Commissioner Bowman asked if there was any legal way to extend 7th Avenue to make that a through street, and Director Boling explained that both 7th Avenue and 7th Court dead end to existing projects behind there, and basically they are physically precluded from going through. Commissioner Bowman felt it is unfortunate when we plan to let these things happen, because if you have a through street they can move more freely without getting out onto the main highways. Director Boling advised that in this case the parcel below Sunshine Homes didn't plat. They came in with a site plan and there was no way to request that they extend through. John Dean, representing the owners of the property, advised that along with this request for approval they are requesting that the Board approval a staff -initiated rezoning on that piece of park property. They plan on that being part of the housing area and under the CG (General Commercial), you are allowed a dwelling unit only as an accessory use so it really is not usable as CG. They feel that cleaning up that little corner would help to unify that entire area. It is a 57' x 97' piece of property and they would request a staff -initiated rezoning so that it is all unified. Chairman Eggert opened the Public Hearing, and asked if anyone wished to be heard in this matter. There being none, she closed the Public Hearing. 24 M ,MAR 61990 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously approved staff's recommendation to adopt Resolution 90-31, vacating all of the Sunshine Quality Homes Unit -2 subdivision plat and retaining drainage and utilities easements as previously described, subject to the condition that the resolution of abandonment shall not be recorded until the park tract purchase is finalized; and with the condition that any request for rezoning in the future would not be staff -initiated. 25 eou ( �Auc 457 MAR 61990 BOOK i F1,11E4 5S RESOLUTION go- 31 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, VACATING THE' PLAT OF SUNSHINE QUALITY HOMES - UNIT 2. WHEREAS, Sunshine Quality Homes - Unit 2 has been platted pursuant to Florida Statute Chapter 177, as laid out and as recorded in Plat Book 5, Page 63, Public Records of Indian River County, Florida; and WHEREAS, the fee simple owners of Sunshine Quality Homes - Unit 2 have applied for vacation of said plat, returning that plat to acreage; and WHEREAS, it has been shown that the vacation will not affect the ownership or right of 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 said 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 notice to 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. Sunshine Quality Homes - Unit 2 according to the plat thereof, recorded in Plat Book 5, Page 63, Public Records of Indian River County, Florida is vacated and returned to acreage with the exception that drainage and utility easements are retained over all rights-of-way shown 1 26 RESOLUTION NO. 90- 31 on the plat of Sunshine Quality Homes - Unit 2 until such time as the property is replatted or site planned to provide alternate drainage and utility easements over the property, notice of which shall be filed in the Public Records of Indian River County by subsequent resolution of the Board of County Commissioners of Indian River County. 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 Scurlock and seconded by Commissioner Wheeler , and, being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice Chairman Richard N. Bird Aye Commissioner Margaret C. Bowman Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Gary C. Wheeler Aye The Chairman thereupon declared the resolution duly passed and adopted this6th day of March 1990. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS ATTEST: By AV4 r� - By Carolyn Egger Chairman I�d;an R:vrt Ca AZ—Vrov!d I Date admin. L 31 -- q6 Budget AJ J-4 Deft. X kfk- Risk Mgr. N , MAR 61990 27 BOOK. r 9 F„,c bJ r ,MAR 6 1990 BOOK Fa F.460 PUBLIC HEARING - ORDINANCE CREATING A RISK MANAGEMENT PROGRAM FOR INDIAN RIVER COUNTY The hour of 9:05 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication, to wit: VERO BEACH PRESS•JOURNAL Published Dally 1 Vero Reach. 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 Busftresa Manager of the Vero Beach PressJourna1. a dally newspaper puDilshed al Vero Beach fn Indian River County, Florida; Thal the attached copy of advertisement, being in the matter In the •4 y,rr"_ Court, was pub. Ilahed In sold newspaper In the issues of �e Vis.. 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 M said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in yerc 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 not promised any person, firm or corporation any discount rebels, commission or rotund for the purpose of securing this advertisement for publtcalion In the eafd newspaper. Sworrt to and euDseribed before the this/(����``��li�doY A.D. 19 (Business M* eFi* (SEAL( ICI u i NOMCBs'Wii'�I :The Board of County Cortunlssionere of -1 f.;;: +Indian River County. Florida, hereby pro- , .;vides notice of a Public =March f uled for 9:05 A.M. on Tuesday. fiAarch ti, & it c19W. to discuss a prop ordinance '- < " entified: 4� AN ORDINANCE OF INDIAN RIVER 'COUNTY, FLORIDA, CREATING A RISK _ii: fl'MANAGEMENT':.-,PROGRAMPROVIDING FOR QPERATION aF THEPROGRAM PURSUANT TO A MANUAL,••:. ,:. DESCRIBING THE "PROGRAK - WHICH �� jo - MANUAL, AND•�'•THE. POLICIES CON-: TAINED • THEREIN, SHALL BE ' AP PROVED BY THE BOARD OF COUNTY=-':,.:; COMMISSIONERS OF INDIAN RIVER 'COUNTY, FLORIDA; PROVIDING FOR f ^ 'SEVERABILITY, INCORPORATION INL ". CODE, AND EFFECTIVE DATE. Am one who may wish to appeal any dedlshm. • which may be made at this meeting will need to;:. ensure that a verbatim low of the proceedings Is made, which Includes tssM=W and evidrloa ",. upon which 91s appeal Is based. :Feb, 8,1990 :,_ • c;FQ✓P�"d { 1669179_� The Board reviewed the following memo dated 2/7/90: TO: James E. Chandler, County Administrator THRU: Jack Price, Personnel Director ` FROM: Beth Jordan, Risk Manager hW1111— DATEf 7 February 1990 SUBJECT: Self -Insurance Ordinance and Risk Management Manual This is written to request Board consideration of the proposed Self -Insurance Ordinance and Risk Management Manual. Background Beginning with FY 88-89, Indian River County implemented a modified self-insurance program and an internal risk management program. Integral to the success of these programs are both the authority (ordinance), and policies and procedures (manual). Analysis Working together, Siver Insurance Management Consultants, the County Administrator, County Attorney, OMB Director, Personnel Director and Risk Manager have developed an ordinance and manual which 28 provide the documents necessary to administer an efficient, effective risk management program. Although the preparation time has been extensive, we believe the products are thorough and meet the County's needs. Recommendations Staff recommends the Board adopt the Self -Insurance Ordinance. In addition, we request the Board approve the Risk Management Manual which implements it and authorize the Chairman's signature. Approved Agenda Item For March 6, 1990 By J es E. Chandler, County Administrator Risk Manager Beth Jordan introduced Steven Cordes of Siver Insurance Management Consultants, who briefly reviewed the following summary: SIVER INSURANCE MANAGEMENT CONSULTANTS . r INDIAN RIVER COUNTY LIABILITY SELF-INSURANCE PROGRAM RISK MANAGEMENT MANUAL SUMMARY The Risk tianagement tianual for the Liability Self -Insured Program involves a program for general liability, automobile liability and employee liability (workers' compensation) risks which have previously been covered by commercial insurance. The Manual is intended to provide a framework for admi- nistering and monitoring the self-insured liability program by establishing certain responsibilities and duties for designated County staff to operate the program. The Manual is divided into three sections: Part 1. Creation, Organization and General Provisions Part 2. Public Liability Program Part 3. Employee Liability Program PART 1 CREATION, ORGANIZATION AND GENERAL PROVISIONS -' This portion of the Manual deals primarily with the establishment of a risk management program to administer the County's public liability and employee liability programs.. It establishes a Self -Insurance Fund which is a per- manent fund to be used to pay the costs and expenses of the self-insurance program as provided in the tianual. It provides that the funds included in the Self -Insurance Fund shall include earnings on invest- ments of such funds and that the Self -Insurance Fund shall be used only for the purposes of the self- insurance program. 29 t, i MAR 61990 1 BOOK i F, cc �1 w MAR 61990 BOD. 7 fA�t 5Z The Risk Manager shall be responsible for implementation and administration of the program and is authorized to promulgate rules for the proper management and main- tenance of the program. The Risk Manager's respon- sibility shall include: (a) Development and implementation of risk management policies and standards for the County. (b) Assistance to County Departments in their compliance with the risk management policies and standards. (c) Development of insurance and other risk manage- ment requirements to apply to and monitor compliance with requirements by vendors, contractors and others dealing with the County. (d) Such other duties under the program as shall be assigned by law or the County Administrator. In addition, the Risk Manager may, with Board approval, purchase such insurance for the coverages provided by the Self -Insurance Fund as shall be necessary and may contract with firms or individuals for the provision of services including independent adjusting, legal, actuarial, consulting, loss prevention and safetylser- vices as the Risk Manager may deem necessary or appropriate subject to Board approval. The Administrator, through the Risk Manager, shall sub- mit to the Board annually a report on the program, which shall include: (1) Underwriting information as to the nature of the coverages accepted for self-insurance and those risks that are transferred to the insurance market. (2) The funds appropriated or contributed for the self-insured coverages and premiums paid for insurance through the insurance market. (3) The costs of administration and operation of the program. (4) Assessments made or premiums charged or returned during the reporting. The Risk ttanager shall determine the premium to be contributed to the Self -Insurance Fund annually and shall submit a budget request therefor. Annually, an actuarial estimate shall be prepared by a Fellow of the Casualty Actuarial Society to assist the Risk tfanager in developing that premium contribution. PART 2 PUBLIC LIABILITY PROGRAM This portion of the Manual provides a description of the types of claims covered under the program including per- sonal injury (including bodily injury) and property damage on an occurrence basis similar to the standard insurance forms for Comprehensive General Liability and Business Auto policies used in Florida by insurance com- panies, the limits of coverage provided and the claims investigation and settlement procedures to be used. For claims which are subject to Florida's sovereign immunity statute, F.S. 768.28(5), the applicable mone- tary limitations will apply; for those claims not sub- ject to s. 768.28(5), the program provides $1,000,000 of coverage. 30 Claims settlement authority is divided among four par- ties: Claims service firms working on behalf of the Board, the Risk Manager, the Liability Claims Committee, and the Board. The Risk Manager may delegate claims authority to claims service firms up to $1,000 for personal injury claims and $5,000 for property damage claims. The Risk Manager has settlement authority of $10,000 per occurrence for covered claims. Claims above the Risk Manager's authority level shall be referred to the.Liability Claims Committee which shall have a maximum settlement authorization of $50,000. The Liability Claims Committee shall be composed of the following members: 1) The County Administrator 2) The Risk !tanager 3) The County Attorney 4) The Director of Management & Budget 5) A representative of the participant or the depart- ment against whom the claim is being asserted. The Manual sets forth the manner in which claims are to be presented to and settled by the Liability Claims Committee. Claims beyond the authority of the Liability Claims Committee shall be referred to the Board. PART 3 EMPLOYEE LIABILITY PROGRAM The Employee Liability Program provides coverage for Workers' Compensation and Employees' Liability on a basis similar to that available under a standard Workers' Compensation insurance policy. The Employee Liability Program provides a limit of $1,000,000 per accident. Claims settlement authority is divided among four par- ties: Claims service firms working on behalf of the Board, the Risk !tanager, the Compensation Claims Committee, and the Board. The Risk (tanager may delegate claims authority to claims service firms up to $5,000 per accident. The Risk Manager has $10,000 settlement authority to fbay covered claims without prior approval by the Compensation Claims Committee. The Compensation Claims Committee shall consist of the following members: 1) The County Administrator 2) The Risk Manager 3) The County Attorney 4) The Director of ftanagement & Budget 31 Boo. MAR 61990 F - LIAR 61990 BOOK FAI, F 481 SIVF.R INSURANCE MANAGEMENT CONSULTANTS 5) A representative of the participant or department against whom the claim is asserted. The tlanual sets forth the manner in which the Compensation Claims Committee will meet to consider claims, with a settlement authority of $50,000 per accident. Claims beyond the authority of the Compensation Claims Committee shall be referred to the Board as set forth in the Manual. SWC/#17 IRCIIAN1-5 Indron Riva Cn Approved Oale Admin. Lega! ev Q-13- tiff Budget Devi. Risk Mgr. ALV Commissioner Scurlock asked how often we would have Coopers - Lybrand or another firm do an analysis, and Mr. Cordes explained that an analysis would be done once a year. Commissioner Scurlock felt he has not met a more professional group than Sivers, and felt our staff has done a great job on this and we are proud of the whole operation. Administrator Chandler explained that this has to be established by ordinance because we are in effect operating a business and the funds can be used for only one purpose and that is insurance. The funds can be invested, but the earnings must remain in the insurance fund to offset future claims. Chairman Eggert opened the Public Hearing, and asked if anyone wished to be heard in this matter. There being none, she closed the Public Hearing. M 32 _I ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously adopted Ordinance 90-6, creating a risk management program and providing for operation of the program pursuant to a manual describing the program and the adoption of the policy manual. Chairman Eggert questioned the need for signing each and every page in the policy manual, and Administrator Chandler felt we could show at the bottom of the page the date it was adopted by the Board and that it is page 1 of how many, and perhaps the Chairman could initial the page instead. Commissioner Bird asked if Mrs. Jordan has the ability to stop the use of a piece of equipment if she finds it is unsafe, and Administrator Chandler explained that the Risk Manager has that ability if it is something minor, but if it is something major, she would come to him with it, and if it is real major, he would come to the Board with it. MAR 61990 �� 33 BOOK. I � r,,t r MAR 61990 �co� 19 F,UC, ORDINANCE NO. go- 6 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CREATING A RISK MANAGEMENT PROGRAM AND PROVIDING FOR OPERATION• OF THE PROGRAM PURSUANT TO A MANUAL DESCRIBING THE PROGRAM, WHICH MANUAL, AND THE POLICIES CONTAINED THEREIN, SHALL BE APPROVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR CONFLICTiNG PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCORPORATION IN CODE; AND PROVIDING FOR EFFECTIVE DATE. 'BE IT ORDAINED by the Board of County Commissioners of Indian River County that the following ordinance is hereby adopted as follows: SECTION 1. Risk Management Program. There shall be a risk management program for Indian River County which shall operate pursuant to the policies established and contained within the risk management program manual, which manual shall be approved by the Board of County Commissioners. SECTION 2. Conflicting Provisions. In case of a conflict between the provisions of this ordinance and prior ordinances, the prior ordinance shall be deemed repealed to the extent of such conflict. SECTION 3. Severability. If any section, or if any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such Holding shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. SECTION 4. Incorporation in Code. 34 _ ORDINANCE �=- 6 This ordinance shall be incorporated into the Code of Ordinances of Indian River County and the word "ordinance" may be changed to "section", "article", or other SECTION 5. Effective Date. This ordinance shall become -effective upon receipt from the Secretary of State of the State of Florida of official acknowledgment that this ordinance has been filed with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 6th day of March , 1990• This ordinance was advertised in the Vero Beach Press -Journal on the 6th day of February—, 1990, for a public hearing to be held on the 6th day of March , 1990, at which time it was moved for adoption by Commissioner Scurlock seconded by Commissioner Bowman and adopted by the following vote: Chairman Carolyn K. Eggert Aye Vice Chairman Richard N. Bird Aye Commissioner Margaret C. Bowman Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Gary C. Wheeler Aye BOARD OF COUNTY -COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA r� �l i __y •' t �- � �� z C � By u Carol K. Eg t, Chairman Attest By - �G�ow fret' Ba on Clerk Acknowledgment by the Department of State of the State of Florida, this 12th day of March _ 1990. Effective date: Acknowledgment from the Department of State received on this 15th day of March , 1990, at10:00 a.m./p.m, and filed in the Office 6 the Clerk of the B'6 -57a of County Commissioners of Indian River County, Florida. RISK MANAGEMENT POLICY STATEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD AS PART OF ORDINANCE 90-6 MAR 61990 35 L_ __ MAR 61990 boor.PA rE 6 PUBLIC HEARING - ORDINANCE REGULATING OPERATION OF LATE NIGHT RETAIL STORES 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 an oath says that he is Business Manager of the Vero Beach Press -Journal. a daily newspaper published at Vero Beach In Indian Fiver County, Florida; that the attached copy of advertisement, being In the matter OI .fh.. in the _ Court. was pub. ,4 Bshed In said newspaper In the issues oI_;a&W--. Affiant further says that the said Vero Beach PrBae•JOUmat is a newspaper published at Vero Beach, In said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach. In said Indian River Coun• ty, Florida, for a period of one year next preceding the firil publication of the attached copy dl 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 field newspaper. Sworn to and subscribed before at J _ o. ,� 9 �B s nlneea (Clerk of the Circuit Court, Indian Rivereou , Ftorlde) (SEAL) ,._.. . _-.11,...;. � ., dv •t "-' i.T 0:a:•x:,.w.kt.t):,9r lii7 NOTICE77 ' The Board of County Cammissicners of, Indian River County, Florida, hereby pro- a1i vides notice of a Public Heart ng scche&r,':: uled for 8:05 A.M. an Tuesday, March 8, 1980, to discuss BIpTposed ordinafu� entitled: ^, AN ORDINANCE OF INDIAN RIVER' LN ''STORES; ' PR(MDING:1 FOR, DEFINI- TIONS; PROVIDING' 'FOR= REGULA-;�E? TIONS* PROVIDING FOR INSPECTIONS;. AND 66MMJANCE: PROVIDING FOR.; SELF-CONTAINED - ' PAY 1- BOOTHS: Sj., WAIVER; PROVIDING FOR 1PENALTILFIMU ES" S;` ' • • •PROVIDING FOR CONFLICTING PROXriI TION IN CODE, AND EFFECTIVET. DATEff:i2 Anyone who may wish to appeal any'declsiorl which me be made at this meeting will need to ensure that a verbatim record of the proceedings Is made, which Includes testimony and evidence upon which the appeal is based.. t', Feb.10,19W 664822 ..=b:32 The Board reviewed the following memo dated 2/27/90: TO: Board of County Commissioners THRU: Charles P. Vitunac - County Attorney FROM: Sharon P. Brennan - Assistant County Attorney M�2 DATE: February 27, 1990 SUBJECT: LATE NIGHT RETAIL STORE ORDINANCE On March 22, 1988, this Board considered adoption of an ordinance which would regulate late night retail store operation. After discussion, the Board decided to table the matter until there was an opportunity to see how effective similar ordinances were in other cities. The City of Vero Beach adopted such an ordinance in March of 1988, and according to Police Chief Jim Gabbard, 'there have been no robberies or other problems in the subject stores since that time. i have also spoken with City of Sebastian Police Sergeant Hardison, the midnight supervisor, who has stated that to the best of his knowledge, there have been no robberies of late night stores within the City of Sebastian since the adoption of their ordinance in 1986. 1 have attached a newspaper article describing the results in the - City of Gainesville since the passage of its ordinance in 1986. A draft ordinance based on the City of Vero Beach ordinance is presented today for public hearing. This ordinance would require late night retail stores to either: 36 1. Have a minimum of two employees on the premises from 11:00 p.m. until closing or 7:00 a.m., which ever occurs -first; or 2. Construct a self-contained pay booth meeting standards contained in the ordinance for the protection of the cashier(s); or 3. Install an audiovisual monitoring system which allows security personnel live access to the operation 24 hours a day. Assistant County Attorney Sharon Brennan reported that Chief Deputy Larry Tippins of the Sheriff's Department has said that the Sheriff's Department is in favor of the adoption of this program. This ordinance provides enough flexibility that the owners of the store can choose what option is best for them to protect their business and their employees. She pointed out that there is one change in the ordinance. In Section 5 on page 4 where it states that "periodic inspections by the police department", that needs to be changed to Sheriff's Department and/or code enforcement officer. Commissioner Bird asked what a reasonable effective date would be in order to give the owners time to comply with the ordinance, and Attorney Brennan felt that 60-90 days would be reasonable because if they do choose the options that deal with pay booth or the audio/visual monitoring system, that would involve getting the equipment and installing it. Commissioner Scurlock felt 90 days would be a reasonable time, and the Board indicated their agreement. Commissioner Wheeler questioned the definition of "readily accessible", and Attorney Brennan advised that would be the amount in the cash register that the clerk could get immediately. Commissioner Wheeler planned on supporting the ordinance, but had a problem with businesses in the community having to revamp their stores to comply with the bolt and drop -safe requirement, and either constructing a self-contained pay booth or installing an audio-visual monitoring system. He understands that this ordinance is for any retail business that operates during these 37 MAR 6 1990 Boor .' U 4ud LIAR 61990 Boa 79 F,�GE 470 hours, which includes Mom & Pop stores and independently -owned gas stations. Commissioner Bowman pointed out that most of the stores we are talking about are franchises, and we are talking about megabucks. Commissioner Wheeler felt that by putting 2 people in there, you are just putting two lives at risk instead of one. He felt the camera was a better deterrent. He noted that 3 people were killed in the Domino's murders. He also questioned the hours of 11 p.m. to 7 a.m. because in this area the town starts rolling up the sidewalks about 8 or 9 p.m., but in the morning, it is a different matter. People are out and about early, and perhaps 7:00 a.m. hour is debatable. Commissioner Bird agreed and felt 6:00 a.m. would be more reasonable than 7:00. Chief Deputy Larry Tippins advised that most of these holdups occur in the hours between 11:00 p.m. and 1:00 a.m. and he felt 6:00 a.m. would be okay. Commissioner Bird agreed with Commissioner Wheeler about telling somebody what type and what size safe to install, and Commissioner Bowman advised that some of these employees have told her they don't feel that cameras are a. good deterrent. Chief Deputy Tippins reported that in the areas where they have installed the type of measures called for in this ordinance, it has cut down on the number of robberies. He felt that if they choose to use a camera rather than having two employees, they use a camera that would be approved by the industry as workable. Chairman Eggert suggested that in Item 10 we say "a security camera from a list of cameras approved by the Sheriff's Department", rather than "a camera approved by the Sheriff." Commissioner Wheeler wondered how the requirement would work out in Item 11 for owners or employees to complete a course or program in robbery prevention since there generally is a big employee turnover in most convenience stores. Um Attorney Brennan wasn't sure who pays for the course or program, and Commissioner Wheeler pointed out that we are requiring something that we are not set up to handle at this point. He assumed that if the Board passes this today, the 90 -day effective date would give us enough time to iron that out. Attorney Vitunac suggested that it read "to complete such a course or program, if available.", and the Board indicated their approval of that change. Attorney Brennan noted that it doesn't require that the course be offered by the Sheriff's Department, just that it be certified by the Sheriff's Dept. Chairman Eggert opened the Public Hearing, and asked if anyone wished to be heard in this matter. Bob Valentino with Hale Indian River Groves in Wabasso explained that they also operate a Shell gas station on SR -60 near 1-95, emphasizing that the Shell Oil Company requires them to stay open 24 hours a day. In fact, most gas stations in this county would prefer not to remain open, but are required to because of their lease agreements with the oil companies. Mr. Valentino felt the live access camera is the most important part of this ordinance. They have had a live access camera for quite some time. It records 24 hours a day both audio and visual. The clerk can activate it by one of 3 different methods: A remote button if he is not behind the counter; a button at the counter; and by what is called a money clip in the cash register drawer. If there is a holdup, he pulls that bill out and within 60 seconds a security guard at a remote location can see and hear everything that is going on in the store, and then notify police that there is a holdup in progress and that it is not a false alarm. Mr. Valentino felt that is more important than having two people in front of a gun. The guard's voice can intimidate the holdup person. The particular company they deal with is in Tampa, and the tape -runs 24 hours day. The clerk can activate the camera if 39 MAR fi NU i F �: �. X990 MAR 61990 �ry BOOK (� FAGE he is just uncomfortable with a customer -- he doesn't have to wait until it is a holdup. He hits the button, the security guard comes on, looks and listens, and, if he does not see a life-threatening situation, proceeds to talk to the clerk. Mr. Valentino wished to see the Board scrap the 2 -person requirement and go with the live access cameras. Commissioner Wheeler noted that the 2 -person requirement is an alternative to live access cameras. He assumesthat the camera would be quite an expense to some owners of these stores. Mr. Valentino advised that the live access cameras do not cost as much as having two people. They pay $300 a month for the rental equipment and the monitoring fee. Initially, there was a minimal cost for installation. Arthur Scheeren, a representative of the Fraternal Order of Police of Indian River County, advised that in their general meeting several months ago, their membership unanimously supported the proposed ordinance because the requirement for two people has worked in other jurisdictions. The only sure way of stopping the holdups are to close the stores or put everyone in Jail, but that will not happen. He pointed out that cameras are not always of benefit because people come in with disguises or masks, and he wished to ask the gentlemen from the Shell station if their system ever had been activated in an actual robbery and whether it had ever prevented anybody from being hurt. Mr. Valentino advised that the Shell station was held up last year, and the system was activated. The police were notified, and the tape recorded the criminal. He was convinced that the people who work for him out there love the live access camera. He was sold on it, and felt it is far better than two employees. If the Commissioners would like to come out, he would be happy to show them how the system works. Mr. Valentino also wished to point out that most gas stations built in the past 20 years in this state have concrete floor safes, which is a hole in the floor with a safe door. 40 James Barclay, retiree from the Sheriff's Dept. and present employee of a convenience store, agreed with everything in the ordinance except the 11:00 p.m. to 7:00 a.m. hours. He believed the 2 -clerk system is good, but that the hours should be earlier than 11:00 p.m. On the day shift you have the manager or the assistant manager plus 2 clerks with customers and vendors coming in and out until 4:00 o'clock P.M. After that, you have one person. In addition, he felt that 90-950 of the convenience stores in this county have both drop safes and floor safes. There being no others who wished to be heard, the Chairman closed the Public Hearing. Commissioner Bird suggested the following deletions or changes for discussion: 1) Change the hour in the morning from 7:00 to 6:00 and leave the 11 o'clock P.M. hour as is. 2) Eliminate Item 4 on Page 2 which states that the cash register area for recording sales transactions shall be in the front of the store so that the clerk and customer are clearly'visible from the street at the time of the sales transaction. this requirement could cause some major renovation in most of these stores, and he didn't see that as a strong deterrent to a robbery. 3) Item 6 on page 2 - He questioned how we would monitor the 'requirement that no more than $50 in cash shall be available and readily accessible to any employee. 4) Item 7 on page 2 - He questioned the requirement for a drop - safe or time release safe being either bolted to the floor or weighing at least 500 pounds. He felt it is an imposition to start telling people what kind of a safe they need to have in their place of business. He felt that should be a matter of choice. 5) Item 10 on page 3 - He liked the security camera, but would like to remove the portion of the item that says "of the type 41 BOOKMAR 61990 'd'� ��ar MAR 61990 nor 7 and number approved by the Sheriff" since it says later on that the Sheriff's Dept. and Code Enforcement have the ability to inspect it and make sure that It is working. He felt that as long as the camera meets the other requirements in that paragraph, it does not need to be of the type and number approved by the Sheriff's Dept. Chairman Eggert added the change in Item 11 with regard to the course requirement -- add "if available". ON MOTION by Commissioner Bird, SECONDED by Commissioner Scurlock, the Board unanimously adopted Ordinance 90-7, with the following modifications: 1) Changing the hours from 11 p.m. to 6 a.m. 2) Eliminating Items 4, 6, and 7 on page 2. 3) Eliminating the necessity of the security camera being approved by the Sheriff. 4) Adding "if available" to Item 11 on page 3. 5) Ordinance to be effective in 90 days with proper public notice. 42 ORDINANCE NO. 90- 7 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, REGULATING THE OPERATION OF LATE NIGHT RETAIL STORES; PROVIDING FOR DEFINITIONS; PROVIDING FOR REGULATIONS; PROVIDING FOR INSPECTIONS AND COMPLIANCE; PROVIDING FOR SELF-CONTAINED PAY BOOTHS; PROVIDING FOR AUDIOVISUAL MONITORING SYSTEMS; PROVIDING FOR WAIVER; PROVIDING FOR PENALTIES; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCORPORATION IN CODE; AND PROVIDING FOR EFFECTIVE DATE. BE IT ORDAINED by the Board of County Commissioners of Indian River County that the following ordinance is hereby adopted as a part of - the Indian River County Code of Laws and Ordinances: SECTION 1. Definitions. The following terms and phrases, when used in this Chapter, shall have the meaning ascribed to them 1n this Section, except where the context clearly indicates a different meaning: 1. "Late Night Retail Store" is a business establishment that: a. derives 500 or more of its gross income from the sale on the premises of goods, merchandise, fuel, or other articles of value in their original containers, or b. offers to walk-in customers a limited quantity and variety of food, household and sundry items, or gasoline, and C. is open for business to the publ"ic at any time during the hours of 11:00 p.m. and 6:00 a.m. 2. "Owner" is the person, corporation, partnership, joint venture, or other group enterprise having lawful possession of the premises upon which the late night retail store is operated. 3. "Employee" is the person, corporation, MAR 61990 43 nil-, o U F1,c 411 MAR 61990 BOOK i ck F ., 16 ORDINANCE NO. 90- 7 partnership, joint venture, or group enterprise legally responsible for the day-to-day operation of the late night retail store. SECTION 2. Regulations. All late night retail stores as defined above shall comply with the following regulations: 1. During the hours from 11:00 p.m. until closing or 6:00 a.m., whichever event occurs first, there shall be a minimum of two employees who are continuously on duty on the premises. 2. No sign, display, merchandise, or window tinting shall be placed on or adjacent to any window which would interfere with a clear and unobstructed view of the interior of the establishment from the outside and of the cash register or registers from the street. 3. A silent alarm system shall be installed and in operation. Said system shall be able to be activated by an employee without detection of another person. Such system shall be able to notify the Indian River County Sheriff's Department of trouble by generating a signal at the Indian River County Public Safety Answering Point System (PSAP). 4. At least one conspicuous sign shall be posted in the front window or door which states that the cash register has $50.00 or less in it. 5. A conspicuous sign shall be posted which states that there is a safe im the store and that it is not accessible to employees. 6. The entire outside area of the late night retail store utilized by customers for parking, shall be lighted and maintained at two (2) footcandles per square foot. The level of lighting shall be measured five (5) feet above the surface of the parking area. 44 _I ORDINANCE NO. 90� 7. A security camera shall be installed and in operation. Said camera must be capable of producing a retrievable image on film or tape that can be made a permanent record and that can be enlarged through .projection or other means. Cameras meeting the requirements of this Section shall be maintained in proper working order at all times and shall be subject to periodic inspection by the Sheriff's Department or a Code Enforcement Officer. 8. Any owner or employee who works between the hours of 11:00 p.m. and 6:00 a.m. in a late night retail store shall complete a course or program in robbery prevention certified by the Sheriff's Department if such a course or program is. available, within 90 days after commencement of employment. SECTION 3. inspections and Compliance. An Indian River County code enforcement officer shall inspect all late night retail sales establishments subject to this Ordinance to determine compliance. The code enforcement officer shall take appropriate action for any establishment not in compliance. SECTION 4. Self -Contained Pay Booths. 1. In lieu of meeting the requirements of Section 2, subject retail establishments may construct self-contained pay booths which shall contain the following: a. Bullet -resistant windows; b. Bullet -resistant walls; C. Bullet -resistant door(s); d. Bullet -resistant through -the -wall security transaction drawer(s); e. An alarm system as defined in Section 2(3); f. A safe as defined in Section 2(7); 3 4 5 �R 61990 BOOK l [',J 1 , r � ORDINANCE NO. 90- 7 MAR b 1990 Doan 1 Fait l U g. Telephone(s); h. Restroom(s); I. Self-contained air conditioning and heating system; j. Intercom System linking cashier(s) with customer(s) at the cashier counter. SECTION 5. Audiovisual Monitoring Systems(s). In lieu of meeting the requirements of Section 2(1),(3), and (10) or Section 4, subject retail establishments may install an audiovisual monitoring system which allows security personnel live access to the operation 24 hours a day. Such live access must be capable of being triggered by either an employee or by the remote security monitoring service without detection by a cusomer. Such systems(s) shall be maintained in proper working order at all times and shall be subject to approval and periodic inspections by the sheriff's department and/or code enforcement officer. SECTION 6. Waiver. The county administrator may waive any and all of the requirements of this Chapter upon a clear showing by the applicant for waiver that said requirements are not in the public interest. Further, the county administrator may make such conditions on any waiver as he deems necessary. Any action of the county administrator under this section may be appealed to the Board of County Commissioners. The decision of the Board of County Commissioners shall be final. SECTION 7. Penalties. a. Violation of any of the above numbered sections is subject to the powers of the code enforcement board. 4 46 _ ORDINANCE NO. 90= b. The Board of County Commissioners of Indian River County may obtain injunctive relief to restrain or prohibit any violation of this Ordinance. C. The occupational license for any establishment may be revoked by the Board of County Commissioners upon proof of willful violation of this Ordinance. SECTION 8. Conflicting Provisions. In case of a conflict between the provisions of this ordinance and prior ordinances, the prior ordinance shall be deemed repealed to the extent of such conflict. SECTION 9. Severability. If any section, or if any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. SECTION 10. Incorporation in Code. This ordinance shall be incorporated into the Code of Ordinances of Indian River County and the word "ordinance" may be changed to "section", "article", or other appropriate word and the sections of this ordinance may be renumbered or relettered to accomplish such purposes. SECTION 11. Effective Date. This ordinance shall become effective upon June 11, 1990. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 6th E 47 MAR 61990 HoK. F.�, aOC�K i` 0 ORDINANCE NO. 90— 7 day of March 1990. This ordinance was advertised in the Vero Beach Press -Journal on the 18th day of February , 1990, tor a public hearing to be held on the 6th day of _ n rte__, 1990, at which time it was moved for adoption by Commissioner Bird seconded by Commissioner Scurlock , and adopted by the following vote: Chairman Carolyn K. Eggert Vice Chairman Richard N. Bird Commissioner Margaret C. Bowman Commissioner Don C. Scurlock, Jr. AY -p --- Ay e -- Aye --- Aye Commissioner Cary C. Wheeler Aye -- BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA B i� y _ CarolyrV. Egger, ha i rman Attest B, �@ fre K. Barton Clerk Acknowledgment by the Department of State of the State of Florida, this 12th day of march , 1990. Effective date: Acknowledgment from the Department of State received on this 15th day of March , 1990, at 10:00 a.m./p.m. and filed in the Office o the Clerk of the Board of County Commissioners of Indian River County, Florida. 6 MISCELLANEOUS INTERSECTIONS PHASE III -A -- CHANGE ORDER NO. 1 r,. The Board reviewed the following memo dated 2/15/90: ------------------------------------------------------- TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director /) FROM: Michelle A. Ge tile, C.E.T. Civil Engineer RE: Miscellaneous Intersections Phase III -A Change Order No. 1 DATE: February 15, 1990 DESCRIPTIONS AND CONDITIONS Lloyd and Associates, Engineer for the 43rd Avenue and Bth Street Intersection and 20th Avenue and 8th Street Intersection is requesting a change order for these intersections. Due to a parcel of property at 8th Street and 43rd Avenue sitting lower than the existing road, the catch basin had to be modified and additional drainage pipe installed to alleviate the possibility of flooding private lands. Also, at the same intersection there was a conflict with an existing water line which required the change in pipe sizes. At 8th Street and 20th Avenue the existing 18" culverts had to be tied into a proposed 60" R.C.P. reinforced concrete pipe to avoid excavating onto private property. The existing 18" C.M.P. was in very bad condition and had to be replaced with R.C.P. reinforced concrete pipe. The total increase to the contract for Change Order No. 1 will be $6,420.00. ALTERNATIVES AND ANALYSIS Staff has reviewed the requested change and concurs with the Change Order as prepared. RECOMMENDATIONS AND FUNDING Staff recommends that Change Order No. 1 be approved and that the Board of County Commissioners be authorized to execute the Change Order. Funding to be from Account #109-141-541-033.19 ATTACHMENTS Change Order No. 1. DISTRIBUTION Joe Baird, Budget Office Gary Taneri, Lloyd and Associates APPROVED AGENDA ITEM FOR 61990 I q'q0 A^nrf,vpd Ja'r. I ` Jell. moi`, rL 21 Risk Mgr. 0� ur Boa 482 MOTION WAS MADE BY Commissioner Wheeler, SECONDED by Commissioner Scurlock, that the Board approve Change Order No. 1, as recommended*by staff. Under discussion, Commissioner Bird questioned why these elevations weren't determined at the time the project started since the land hasn't settled and has been the same for the last 100 years, and Administrator Chandler confirmed that we have had a problem on this particular design and we will have to address this with the engineering firm either on this contract or on subsequent work. Chairman Eggert asked if there was a way to deal with them on current work, and Administrator Chandler advised that we still have retainage on their fee. Commissioner Bird felt that since this particular engineering firm is kind of a new entity, they would be quite anxious to please the County with their work so they could continue to do more work for us. Commissioner Scurlock didn't feel there should be any additional costs for engineering services, but Public Works Director Jim Davis explained that there are no engineering fees associated with this change order. This was an item that was. included in the design drawings, but somehow by the time it went out to bid, it wasn't in the drawings. There was a series of drawings, and some of the problem had to do with the changing of the ownership of the engineering firm. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. 50 CHANGE ORDER (Instructions on reverse side) No 1 PROJECT: Miscellaneous Intersections DATE OF ISSUANCE: February 6, 1990 Phase III -A OWNER: Indian River County (Name. 1840 25th St. Address) Vero Beach, FL 32960 CONTRACTOR: Dennis L. Smith, Inc. OWNER's Project No. 8906 P.O. Box 2954 Vero Beach, FL 32961-2954 ENGINEER: Kimball/Lloyd & Associates, Inc. P.O. Box 650369 CONTRACT FOR: Intersection Improvements Vero Beach, FL 32965-0369 at 8th St. & 43rd Ave. S 8th St. 8 20th Ave. ENGINEER's Project No. 87-656 You arc directed to make the following changes in the Contract Documents Description: ' See Attachment Purpose of Change Order. See Attachment Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE: Original Contract Price S 213.683.51 CHANGE IN CONTRACT TIME: Original Contract Time days es dm Previous Change Orders No. to No. S Net cha ge from previous Change O ars d+y Contract Price prior to this Change Order f 213,683.51 Contract Time Pn r to this hange Order da" ar dm Net Increase (Bawasc) of this Change Order s 6,420.00 Net Increase (de c ase) of ' Change Order dm Contract Price with all approved Change Orders $ 220,103.51 Contract ime whh a8 approved Chang Orders _ —= ear.erama RECOMM ED:.APPROVED: APPROVED: dry - i, P.E. o.a. Cem,.eer E)CDC No. 1910 &B (1`983 Edition) to - 9v Prepared by the Engineer• Jed" Contrera Daeumeets Conu d"m act endorsed by The Associated Central Contractor orAnxrkc ATTACHMENT TO CHANGE N0. 1 8th Street and 43rd Avenue Delete 80 L.F. of 18" R.C.P. Add 80 L.F. of 12" x 18" Oval R.C.P. Delete 29" x 45" R.C.P. and Replace with 24" x 38" Oval R.C.P. Add 40 L.F. of 4" P.V.C. Add 1 Concrete Mitered End Wall Add Modify Catch Basin Add 30 L.F. of 12" B.C.C.M.P. Under Sidewalk 8th Street and 20th Avenue Add Tie Existing 18" B.C.C.M.P. into 60" R.C.P. Culvert Add Remove 90 L.P. of Existing 18" C.M.P. and Dispose of. Replace w/ 18" R.C.Y. and Tie into 60" R.C.P. Culvert /99� AC?r,•: cd ta•c i Adrnlrt 8udgc1 , f, Eng Aish Mgr. MAR 6 1990 51 (-) $4,000.00 (+) $4,600.00 (+) $ 500.00 (+) $ 320.00 (+) $ 50.00 (+) $ 200.00 (+) $ 600.00 (+) $ 500.00 (+) $3,650.00 ROOK 1 F'„UE 8J MAR 61990 BOOK j p A,84c, SEWER ASSESSMENT PROJECT - 6TH AVENUE SOUTH OF 8TH STREET The Board reviewed the following memo dated 2/21/90: DATE: FEBRUARY 21, 1990 TO: JAMES E. CHANDLER COUNTY ADMINISTRATO FROM: TERRANCE G. P/ERSOUTH DIRECTOR OF U SERVICES SUBJECT: 6TH AVENUE SE OF 8TH STREET ASSESSMENT PROJECT IRC PROJECT NO. US -88 -08 -CCS PREPARED AND STAFFED BY: WILLIAM F. MCCkI CAPITAL PROJECTNE DEPARTMENT OF SERVICES BACKGROUND The 6th Avenue sewer collection system has been completed. We now wish to have the final payment approved along with the release of retainage and have a change order approved which reduces the contract amount. We want to point out that two other change orders have been approved and are currently underway. { These two change orders are for work which is unrelated to this project, and will be closed out as separate contracts; therefore, they are not reflected in the final price of the 6th Avenue Contract (change orders attached). ANALYSIS Attached please find the release of liens, engineers, recommendation of payment, copies of previous change orders, and final payment request. The original contract amount was $106,172.90; the final contract amount is $101,951.12, which is the revised price by the change order. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the attached changeTorder and release final payment. WFM/c Attachments ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Boman, the Board unanimously approved the change order and release of final payment, as recommended by staff. CHANGE ORDER #2 AND RELEASE OF FINAL PAYMENT ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 52 AUTHORIZATION FOR UTILITY SERVICES TO PURCHASE THREE RADIOS The Board reviewed the following memo dated 2/22/90: DATE: FEBRUARY 22, 1990 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTIL SERVICES SUBJECT: RADIO PURCHASING PREPARED AND STAFFED BY: JOHN FREDERICK LAN 4j - ENVIRONMENTAL SPECIALIST DEPARTMENT OF UTILITY SERVICES BACKGROUND The Department of Utility Services budgeted $8,500.00. for mobile communications equipment. Three radios and one radio/telephone were budgeted. The Department has purchased two radios and a radio/telephone to date, for a total of $3,324.00. The Department proposes to purchase three radio/telephones at a cost of $4,260.00. These radios are being purchased for new vehicles that would otherwise be without mobile communications. This will provide emergency telephone call in and out for the Rockridge service vehicle, the lift station inspection vehicle and the distribution chief's vehicle. ANALYSIS The purchase of three radio/telephones as a substitution for the remaining budgeted radio will leave $916.00 remaining in the budgeted account. RECOMMENDATION The Department of Utility Services recommends that the Board of County Commissioners authorize the purchase of three radio/telephones, as the budgeted funds are available. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously authorized the purchase of three radio/telephones by Utility Services, as recommended by staff. 53 MAR 61990 Boor LIAR 61990 r'� ,C 486 BOGK PA�r RESOLUTION IN SUPPORT OF ENVIRONMENTAL LEARNING CENTER APPLICATION FOR FIND GRANT The Board reviewed the following memo dated 2/27/90: TO: The Board of County Commissioners FROM: William G. Collins II - Assistant County Attorney DATE: February 27, 1990 SUBJECT: Resolution in Support of Environmental Learning Center Application for FIND Grant On January 30, 1990 the Board of County Commissioners passed Resolution No. 90-16 which sponsored a grant application for the Environmental Learning Center project. This resolution was presented to the FIND Board. According to George Bunnell of the Environmental Learning Center and the FIND Board, the FIND Board requested that the resolution and grant application be restructured to represent a. 50% FIND grant and 50% local match. The prior resolution and grant application requested a 131% match of the total Environmental Learning Center project, or $200,000. There is no change in the dollar amount being requested, $200,000, but the grant application and project narrative have been substantially revised to more narrowly 'focus on the waterway -oriented aspects of the Environmental Learning Center project. In other words, the grant has been more narrowly structured to advance the interests for which the Florida Inland Navigation District provides assistance for. The attached resolution rescinds the earlier resolution of support and substitutes the new 50% match and the new narrative description. Specific reference is now included to docking and Coast Guard weather station facilities which were not in the original application. WGC/nhm Attachment cc: James Davis - Public Works Director James Chandler - County Administrator George Bunnell - Environmental Learning Center APPROVED FOR B.C.C. MEETING - REGULAR AGENDA `` W �0- A-1 COUNTY ATTORNEY. 54 River Co. Approved Date Admin. --X7— Legai Budget Risk Mgr. Z 04AHiNG SHEET �"� �P'P�GZG'C.. GEI 1z 06��Ib.PF-itG N LA.T.• Ncme ®T.C.W. 'r C14404MIL1. IS APPRoK. 300' 1" Fi2oM 6HdiB 6 rte 3 FPtt1�►� 3 F�� ,� W :` r• F V .1 `� Z scea�� • ��' � moo' IN k A T ® dU INDIAN .� ®�J► , COUNTY OF Rtvraq STATE Rt. APPLICATION 6Yt Z fore 17•t.Z03 1 Effective NovewDec 10 11062 'HEFT 2 Of 3 GATEi2 299 Assistant Attorney Will Collins distributed copies of the above sketch of the Learning Center site, and explained that the Learning Center has a 99 -year lease on property south of CR -510. They have been in discussions with staff about a further lease on land under the Wabasso Bridge, but that will come back to the Board after Public Works Director Jim Davis makes sure that the primary functions of the footings for the bridge are not in any 55 LIAR 61990 aoaK F�,,,� 4,18 ` MAR 61990 _I HOOK 79 F,* 48S way encroached upon by any use of the Learning Center. There also has been some discussion as to whether it should be a license which would allow us to terminate it at will or some kind of a lease subject to termination if it interferes with the highway uses. Commissioner Bird had not seen the plans for the bulkhead under the bridge, but hoped that expanded plans didn't utilize the entire site and prohib.it the public from fishing there. George Bunnell, campaign chairman for the Environmental Learning Center project, assured the Board that the bulkhead has been addressed and it will be secured for the public. Chairman Eggert entered into the record the following letter from Michael L. Rose, dated 2!1190. 1`0, The Environtnenta.0 Learninq Center MEW . ���. February 1, 1990 3 1990 co -Chairmen A lt�i Alma Lee Loy toaar.4ttart¢Ys Sherman N. Smith, Jr. HrstvkeChairman Mr. William Collins, Michael L. Rose Assistant County Attorney Second vice chairman Indian River County �UZOL Sandra R. Kahle 1840 25th Street Secretary Vero Beach, Florida 32960 John A. Kirchner Treasurer Dear Mr. Collins: Allen A. Edwards The Environmental Learning Center Board of Trustees at Trustees, their meeting on January 31, 1990 agreed to the following: HelenBahl John C. please be advised that all the monies re quired of Indian Samuel Block River County by the Florida Inland Navigation District (FIND) Margaret C Bowman for the County's matching share of any FIND grant are available George P. Bunnell and will be funded by a cash grant from the treasury of The S.HallockduPont Jr- Environmental Learning Center, thus avoiding the possibility of lan'y financial liability accruing to Indian River County. Jorlerle Butler Kent y Thomas W. Lockwood Steven Mohler T)?.ankyou for your assistance in this endeavor. Bayard F. Pope Jack B. Reeder Sincerely, Richard G. Schaub, Sr. Gregory W. Smith HonoraryTrustees M -r Richard E. Becker Michael L. Rose, Jorge Gonzalez First Vice Chairman R. Dale Patchett Danforth K Rlchardson Post Office Box 3704 • Vero Beach, Florida 32964 • (407) 234-5675 6T ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously adopted Resolution 90-32 to the Florida Inland Navigation District requesting grant assistance under the Grant Assistance to Local Governments Program for the Environmental Learning Center and rescinding Resolution 90-16, with the modifications recommended by staff. RESOLUTION NO. 90- 32 A RESOLUTION OF THE BOARD OF COUNTY -COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, TO THE FLORIDA INLAND NAVIGATION DISTRICT REQUESTING GRANT ASSISTANCE UNDER THE GRANT ASSISTANCE TO LOCAL GOVERNMENTS PROGRAM FOR THE ENVIRONMENTAL LEARNING CENTER AND RESCINDING RESOLUTION N0. 90-16. WHEREAS, the Board of County Commissioners of Indian River County, Florida (BOARD), is interested in carrying out the Environmental Learning. Center project for the enjoyment of the citizenry of Indian River County and the State of Florida; and WHEREAS, the Center will provide a hands-on environmental education program facility consisting of two classroom laboratories, auditorium, dock space, nature trails, canoe trails, boardwalks, environmental resource library, office space for the State Department of Natural Resources, Coast Guard Auxiliary, Marine Resources Council and Pelican Island Audubon Society, and other features enabling County educators to teach environmental sciences, to County school students and through adult education programs; and WHEREAS, Florida Inland Navigation District (DISTRICT) financial assistance is required for the program mentioned above; and WHEREAS, Resolution No. 90-16 requesting grant assistance was previously passed on January 23, 1990 by the Board of County Commissioners, which Resolution is superceded by this Resolution; 57 LIAR 61990147 J r MAR 61990 Par.. 'io 1,WJ 9L NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that Resolution No. 90-16 is hereby rescinded.. BE IT FURTHER RESOLVED that the project described above be authorized. BE IT FURTHER RESOLVED that the said BOARD makes application to the Florida Inland Navigation District in the amount of $200,000 in behalf of said Environmental Learning Center. AND, BE IT FURTHER RESOLVED by the BOARD that it certifies to the following; 1. That it will accept the terms and conditions set forth in the FIND Grants Guidelines and which will be a part of the Project Agreement for any grant awarded under the attached Proposal. 2. That it is in complete accord with the attached proposal, and that it will carry out the program in the manner described in the proposal and any plans and specifications attached hereto, unless prior approval for any changes has been received from the DISTRICT. 3. That it has the ability and intention to finance its share of the cost of the project ($200,000 match), and that the project will be operated and maintained at the expense of said Environmental Learning Center for public use. 4. That it will not discriminate against any person on the basis of race, color, or national origin in the use of any property or facility acquired or developed pursuant to this project, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P. L. 88-352 (1964) and design and construct all facilities.to comply fully with the statutes relating to.accessibility by handicapped persons as well as other federal, state, and local laws, rules, and requirements. 0 5. That it will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. 6. That it will make available to FIND, a post -audit of expenses incurred on the project prior to, or in conjunction with, a request for the final 10% of the funding agreed to by FIND. The foregoing resolution was offered by Commissioner Scurlock who moved its adoption. The motion was seconded by Commissioner Wheeler and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice -Chairman Richard N. Bird Aye Commissioner Margaret C. Bowman Aye Commissioner Don C. Scurlock, Jr..Aye Commissioner Gary Wheeler Aye The Chairman thereupon declared the resolution duly passed and adopted this 6th day of March 1990. Attest FJQ �I. Attachment: Project Proposal 59 MAR 61990 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By C . Carol K. Eg t Chairman Indian River Ca Approved Date Admin %c' ©ud9e1 f,�'� z.,d 5L CJnc t�c-k+ Z lit C ;disk P49r 0 -90 N U Y1 F°.uC 401 ,MAR 61990 BOOK � F GE 49120 COMMITTEE FOR CONSOLIDATION OF FIRE DISTRICTS The Board reviewed the following memo dated 3/5/90: TO: Boarof Commissionersty DATE: Marc FILE: SUBJECT: County -wide Fire Rescue and EMS Service Don C. Scurlock, Jr. FROM: County Commissioner REFERENCES: The following is a suggestion for the establishment of a county -wide ad hoc committee for fire rescue and EMS service: COUNTY FIRE AD HOC COMMITTEE PURPOSE To establish a vehicle where good communication, can take place for the logical and orderly planning of expanding uniform professional service on a county -wide basis. This committee would be a vehicle to provide alternatives with a long range planned approach and an orderly transition. The committee would consist of the following: Votina Members 2 County Commissioners (suggest Eggert and Scurlock) 2 City of Vero Beach 1 City of Fellsmere 1 City of Sebastian 1 Town of Orchid 1 Town of Indian River Shores 1 Wabasso/Gifford 1 Volunteer Fire Fighters - South County 1 Volunteer Fire Fighters - *3orth County 1 EMS/Paramedic Technical Non-voting Members: County Administrator Budget Officer County Attorney Fire Chief/Doug Wright GOAL OR TASK To develop alternatives to bring about unified professional service county -wide and assist in developing a transition plan for the alternative selected by the Commission. The committee will in no way be involved in day to day administration. The committee will be advisory in nature, and upon completing its task, will sunset. DCS Jr/aw 60 Commissioner Scurlock explained that the question with regard to abolishing the South County Fire Advisory Board first came up in January of this year when the Board was reviewing the makeup and functions of all the committees. The Board received a request to reconsider whether or not there was any longer a need for the existing Advisory Board in that it had not met for a significant period of time. In fact, the last time they met was in regard to the purchase of the ladder truck. He felt that happened for number of reasons, one of which is because we went to a fully paid, professional service, and the whole concept has changed significantly. He noted that B. T. Cooksey suggested at the last meeting of the Advisory Board that perhaps there wasn't any need for the Advisory Board any longer since their goals have been accomplished. Obviously, with that question in the air, it has stimulated dispute, and that is why he placed it on the Agenda today. Commissioner Scurlock felt we have come a long way, but have a longer way to go, and he has not heard anyone with any other desire than to proceed forward with uniform, professional service on a county -wide basis where all of our residents can be afforded the same level of protection. Obviously, this is a task that cannot be accomplished in one day or one week. It will be a long process, and what he is proposing today for the Board's consideration is the establishment of a county -wide ad hoc committee which would be a vehicle to provide alternatives with a long-term, planned approach and an orderly transition. Commissioner Scurlock listed his suggestions.for voting and non-voting members and technical non-voting members. Chairman Eggert inquired about the existing members of the current Advisory Board, such as B.T. Cooksey, and assumed that Commissioner Scurlock wasn't feeling a need for that representation on the ad hoc committee. Commissioner Scurlock explained that Mr. Cooksey was a volunteer for many years and was an integral part in trying to - 61 MAR 61990 help us sell the South County Fire District concept, but he wasn't sure there was that need any more. Input from the committee would be an integral part of that process because under whatever scenario that comes about, there is going to be a lot of selling and communicating to do. Commissioner Scurlock emphasized that this committee will be a vehicle to come up with 4-6 alternatives to develop a line of communication between all the interested parties to really do what we all want to do and that is to provide all of our residents with professional service on a unified, consistent basis. He isn't suggesting that this was something that we have a knee jerk reaction to, and all of a sudden do something. He is talking about a planned, logical number of alternatives to be developed with the interested parties where we can take a long-range approach. This ad hoc committee would give the paid professionals from both the south county and the north county an ability and place to have their input considered, especially the north county which has a tremendous amount of transition that would need to take place. Chairman Eggert suggested having a member at large from the public, which would give us 13 members, instead of an even 12. Commissioner Wheeler questioned the need for two. Commissioners instead of one, and also the need for two members from the City of Vero Beach. In addition, he felt the firefighters' union should be represented and probably the paid firemen from the north county so that they are equal with the union, seeing that we are looking at a county -wide project here. He also had a question about the "Fire Chief/Doug Wright" under the technical non-voting members, and Chairman Eggert explained that the slash means both. Commissioner Wheeler also wanted to see a couple of members at large from the public, perhaps from the Taxpayer's Association or other groups. IM Commissioner Scurlock explained that if you don't have two County Commissioners and two representatives from the City of Vero Beach, it would be weighted towards the north county area. Commissioner Wheeler didn't look at it quite like that, because the County Commissioners would be representing the entire county and the City of Vero Beach would be representing their municipality. Commissioner Scurlock felt very strongly that there should be two County Commissioners and two representatives from the City of Vero Beach since they made a substantial contribution in land and equipment for the establishment of the South County Fire District. Commissioner Bowman felt there are going to be a lot of problems if this goes to ad valorem taxes, and Commissioner Scurlock admitted that there are a lot of things that haven't been addressed, such as aircraft fire rescue in the north county. Commissioner Wheeler suggested that since the Vero Beach City Council is going to be addressing the South County Fire District Advisory Board tonight and that abolishment of the Advisory Board is to be considered at our meeting next week, we wait and see what happens. Wilbour D. Tripp, Jr., president of the Professional Firefighters' Association Local 2201, which is part of the International Firefighters' Association representing 200,000 firefighters throughout the nation, felt that the Board of County Commissioners and firefighters have a reputation for always working together, and he would like to maintain that. However, they have some questions over the last month what with the changing of the guard at the Fire Department, the implementation of paid firefighters in the north county, and other things happening in the fire service. They feel the best bet is to talk to the County Commission and that is why they are here this morning. Mr. Tripp wished to make the following letter and Resolution a part of the record: MAR 6 1990 L 63 BOCK "/9 FAU MAR 61990 BOOK, 0 F'tGE 496 Vero Beach Volunteer rG re Department,: Inc. South Indian Viver eounty F're District 1500 Old Dixie Highway Vero Beach, Flovida 32960 'relephone (305) 562-2028 5 Febuary 90 District Board of Fire Commissioners 1840 25th Street Cl v, .c Vero Beach, b > Florida 32960 r, „ to y CD Q] H Dear Board of Fire Commissioners: `- �b�gZLL�_ In 1980, our membership strongly supported the concept of the south Indian River County Fire District. Many Of our members went door to door soliciting the support of our neighbors and explaining the benefits of the district. One of the benefits was an Advisory Board which allowed the president of the Vero Beach Volunteer Fire Department to have input on the major decisions i affecting the district and taxpayers. to our attention that the Board of Fire Commissioners wishes It has now come the Advisory Board. We strongly oppose this idea and hope to do away with that you will in fact use the Advisory Board more in your decision making We feel that this forum is an asset to you, the commissioners, process. in that it allows for input from all persons who presently sit on this Ad - i ' visory Board. We respectfully request that you reconsider proposal to do away with our Advisory Board. . Respectfully, DIST-I;�JTMN LIST - CGrs�nli:7J:oi+drs Administrator Attcrney ._.— John A. tz Personnel - President, VBVFD Public Works Community Dev. _�- Utilities .— Finance —_ Other cc: City Council of Vero Beach Fire Chief John C. Allen rwtnrrTPncv Management Director Doug Wright 64 Wilbour Prn Nero Beach Firefighters Association Local 2201 • P.O. Box 1974 • Vero Beach, Florida 32961-1974 RESOLUTION NO. 1 Whereas the Professional Firefighters Association Local 2201 is interested in promoting the'best possible fire protection by the most efficient means available, Therefore Be It Resolved that the Professional Firefighters Association Local 2201 is in full support of the present con- cept of fire protection affordedto our citizens under the auspices of the South Indian River Coutny Fire District, a separate and distinct taxing entity. Be It Further Resolved that should t e District Board of Fire Commissioners and Indian River County ele 0,to have the presently existing Fire District abolished and repigie&vby some other form of fire service organization, the Profeesion 1 Firefighters Association will be in support of such a. chan""roviding that such a newly created fire service organizat w l be a separate and distinct taxing entity and not be a coun partment supported by general fund revenues. gvlft�_ Y_ O14 __ - _14"04� i bour D. Tripp, President DATE Turner William B. Robinson, II esident Secretary/Treasurer affiliated with the International Association of Firefighters and the Professional hrefighters of Florida AFL-CIO BOOK 6 F'"Gr I F, MAR 61990' _&£Sv4vTie0v BOOK PAGE 411 01 .404 VLtA Mr. Tripp noted that the Firefighter's Local 2201 has a contractual agreement with the County, which has an organizational chart in the beginning of the rules and regulations which states 0 very specifically that we have an Advisory Board. The abolishment question arose because the Advisory Board hasn't met for a long while, but the purpose of the Advisory Board was to receive input from all over the county. They are here today to state that they support the unity of a county -wide fire district. They have expertise from within the Fire Dept. and through the International Firefighters Association and feel they can assist in establishing a county -wide fire district, and feel very strongly that the paid firefighters from both the north and south county should have representation on the ad hoc committee. Commissioner Scurlock explained that his reason for putting the volunteers from the north and south county on the committee is that they generally are also paid firefighters. He understood that Mr. Tripp's suggestion is to have one representative from the professional paid firefighters from the south county and one from the north county. Chairman Eggert suggested that we take Commissioner Scurlock's recommended list of members and add Mr. Tripp's suggestion for one paid firefighter from the north county and one paid firefighter from the south county, plus a member at large, perhaps from the Taxpayer's Association, who is not a retired fireman. Mr. Tripp repeated his feelings that we have to work together, and Chairman Eggert felt that what Commissioner Scurlock is saying is that we should go to an ad hoc committee and proceed from that, but let the Advisory Board float for a while until such , time it is determined it is no longer needed. Mr. Tripp reminded the Board about the Advisory Board being specifically mentioned in the contractual agreement, and suggested that if both parties are in accord, the contractual agreement could be changed. Attorney Vitunac advised that the ordinance for abolishment is coming up next week, and Chairman Eggert felt that could be 67 MAR 61990 BOOK I' F{, F, MAR 61990 BOOK held in abeyance for a while and that we would notify the City of what we have decided today. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously established an ad hoc committee to develop alternatives to bring about unified professional service county -wide and assist in developing a transition plan for the alternative selection by the Commission, to be comprised of the following 15 members: 2 County Commissioners (Eggert & Scurlock) 2 City of Vero Beach 1 City of Fellsmere 2 City of Sebastian 1 Town of Orchid 1 Town of Indian River Shores 1 Town of Indian River Shores 1 Volunteer Firefighter - South County 1 Volunteer Firefighter - North County 1 EMS/Paramedic 1 Paid Firefighters - South County 1 Paid Firefighters - North County 1 Member at Large Chairman Eggert felt we should write to each of the munici- palities in the county asking them to appoint their members to this committee by April 15, 1990. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Bowman, that the Board authorize the Chairman to write to each of the municipalities advising them of the establishment of an ad hoc committee and encouraging them to make their appointments by April 15, 1990. .., Under discussion, it was clarified that the members from the municipalities would be councilmen or their designees, but councilmen would be preferred. Commissioner Bird felt we should encourage the various civic groups to make application for the member at large. SOLID WASTE DISPOSAL DISTRICT MEETING The Chairman announced that immediately upon adjournment, the Board would meet as the Board of Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared separately. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 11:40 o'clock A.M. ATTEST; Clerk 6TChairm MAR 61990 69 �° 6