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HomeMy WebLinkAbout4/3/1990BOARD ACTION IMPLEMENTATION BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA A G E N D A REGULAR MEETING APRIL 3, 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. CALL TO ORDER 2. INVOCATION - Rev. Elmer Vogelsang Immanuel Baptist Church 3. 4. 1. 5. 'pproved with a note ,n page 58. 6. •pproved. pproved., -pproved. pproved: pproved. PLEDGE OF ALLEGIANCE - Commissioner Margaret C. Bowman ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Item 10-H-4 under Utilities was moved to 8-B-2 as it was advertised as a Public -Hearing. (Res. approving prelim. assessment for water distribution system in. Summperplace west and Spring Place) see-below- APPROVAL ow-APPROVAL OF MINUTES Approval of Minutes of Regular Meeting of 2/27/90 CONSENT AGENDA A. Received and Placed on File in the Office of Clerk to the Board: Minutes of Annual Meeting of ,Landowners of Indian River Farms 'Water Control District, Feb. 23, 1990; and 1990 Annual Engineers Report, Indian River Farms Water Control District B. Request from Sheriff for $10,310 from Law Enforcement Trust Fund (Letter dated 3/26/90) C. Release County. Utility Liens (Memorandum dated 3/28/90) D. Budget Amendment 054, To Tax, National Bike Race (Memorandum dated 3/28/90) E. Budget Amendment 055, Utilities (Memorandum dated 3/28/90) f BOOK Fur Additions to Agenda continued 2. Commissioner Scurlock's report on NACo Conference. APR 31990 3. Commissioner Bird's report on Treasure Coast Private Industry, C'ouncil's award presentation in Washington, D.C. APR 31990 BOOK d 'aP� 6. CONSENT AGENDA - CONTINUED Approved. F. Final Plat Approval for Sandpointe West Subdivision (Memorandum dated 3/26/90) G. Surplus Property, Ice Machine Approved. - (Memorandum dated 3/22/90) Approved. H. Agreement, IRC and Mr/Mrs. Greene ....Temporary Water Service (Memorandum dated 3/26/90) 7. CLERK TO THE BOARD N6ne- 9:05 AM 8. A. PUBLIC DISCUSSION ITEMS Approved staff's Malcolm Levy Public Nuisance rec. Abatement Appeal, Lot 1, Block 10 Whispering Palms S/D Unit 4 (Memorandum dated 3/28/90) B. PUBLIC HEARINGS Adopt Res. 90-41 as amended - the increase was decreased by .13Q. Harris Sanitation Residential Approved staff's rec-. Also staff to Rate Increase and Increase in look into uniform collection of solid waste with all our haulers Franchise Fees from One Percent by -Oct. 1, 1990. to Six Percent Annually (Memorandum dated 3/23/90) Res. 90-42 ad ted and approved staffTs rec. 2. Item moved from 10 H. 4 9. COUNTY ADMINISTRATOR'S MATTERS None -- 10. DEPARTMENTAL MATTERS A. COMMUNITY DEVELOPMENT None B. EMERGENCY MANAGEMENT Approval of FY -90 Emergency Approved.. Management Assistance (EMA) Agreement - (Memorandum dated 3/19/90) t C. GENERAL SERVICES Approved. IRC Public Health Unit Construction Agreement (Memorandum dated 3/27/90) r .- D. LEISURE SERVICES "None E. OFFICE OF MANAGEMENT AND BUDGET None F. PERSONNEL None \1 10. DEPARTMENTAL MATTERS - CONTINUED G. PUBLIC WORKS 1)' Request from IRC Farm Bureau - Approved Alt. 1 subject to to Construct and Donate to the license agreement being approved. County a 31,850 sq. ft. Livestock/ Agricultural Building to be Located at the County Fairground (Memorandum dated 3/28/90) 2) Request from St. Jude Children's Approved. Research Hospital to Barricade 16th Street Parking Lot for Bike-A-Thon on April 14, 1990 (Memorandum dated 3/28/90)- (. UTILITIES Approved. 1) Developer's Agreement, Old Sugar Mill Estates, Unit 7 (Memorandum dated 3/22/90) 2) Wage Rates, Water and Wastewater Approved. Plant Operators (Memorandum dated 3/23/90) 3) Utilities Rate Consultant Approved. Agreement (Memorandum dated 3/27/90) 4) Resolution No. 3 for Summerplace, See 8 B. 2. Spring Place and Oceanaire Heights Water Distribution System (Memorandum dated 3/23/90) I1. COUNTY ATTORNEY Request to Set Public Hearing to.Disclaim Res. and Renounce Any Right of County and the e adoptedd.. Public in and to a "Road" in Sun Acres S/D (Memorandum dated 3/26/90) 12. COMMISSIONERS ITEMS A. CHAIRMAN CAROLYN K. EGGERT B. VICE CHAIRMAN RICHARD N. BIRD No action Report on Treasure Coast Private Industry Council Conference in Washington. C. COMMISSIONER MARGARET C. BOWMAN D. CO1*1ISSIONER DON .C. SCURLOCK, JR. No'action. Report on NACO Conference in Washington. E. COMMISSICNER GARY C. WHEELER Approved Res. 90-4.4. Resolution in Support of Florida Attorney to prepare. -Drug Free Legislation 13. SPECIAL DISTRICTS 0 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. BOOK MINIM MWA Tuesday, April 3, 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, April 3, 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 Elmer Vogelsang of Immanuel Baptist Church gave the invocation, and Commissioner Bowman led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Eggert advised that Item 10-H-4 under Utilities is actually a public hearing and will be moved to 8-13-2. Commissioner Scurlock requested the addition to today's Agenda of a brief report on the NACo Conference in Washington, D. C. Commissioner Bird wished to report on his recent trip to Washington, D.C. to attend a presentation of a national award to the Treasure Coast Private Industry Council. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously transferred and added the above items. BOOK A P R 31990 _ JJ BOOK APPROVAL OF MINUTES The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of February 27, 1990. Commissioner Bowman asked Commissioner Scurlock if that was really what he said in the second paragraph on Page 58 about 66th Avenue dead -ending at Wabasso Road. Commissioner Scurlock confirmed that is what he said, but it is incorrect. Sixty-sixth Avenue doesn't dead end at CR -510; it is 58th Avenue that dead ends at CR -510. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously approved the Minutes of the Regular Meeting of 2/27/90 as amended. CONSENT AGENDA A. Report Received and Placed on File in the Office of the Clerk to the Board: Minutes of Annual Meeting of Landowners of Indian River Farms Water Control District, February 23, 1990; and 1990 Annual Engineers Report, Indian River Farms Water Control District B. Request from Sheriff for $10,310 from Law Enforcement Trust Fund The Board reviewed the following letter dated 3/26/90: F � D 1�DIAN ' "RR ER DOBECK - r T > , F= ER COL `n - P. O. BOX 608 MEMBER FLORIDA SHERIFFS ASSOCIATION PHONE 369-6700 MEMBER OF NATIONAL SHERIFFS ASSOCIATION March 26, 1990 VERO BEACH, FLORIDA 32961-0608 Honorable Carolyn Eggert, Chairperson Indian•River County Board of Commissioners 1840 25th Street Vero Beach, FL 32960 Dear Ms. Eggert: I would like to be placed on the consent agenda at the commission meeting on'Tuesday, April 3, 1990 to have approved an 2 expenditure of $10,310 from the Law Enforcement Trust Fund. Expenditures are as follows: $3,076.00 - Polaroid MP -4 system for Identification Section $ 670.00 - 2 microcassette transcribers $335 each $1,995.00 - 3 Uniden CP 200 Cellular phone $665 each $ 550.00 - 101 Mos Chip Video Camera $550 each $ 19.00 --AC adapter for Video Camera $19 each $4,000.00 - This is a one time expenditure for the Criminal Investigations Division for a confidential investigation. If you would please check this trust fund you will note that the Indian River County Sheriff's Department has deposited over $50,000 into this account over the last 30 days. If you have any questions or further information is required, please feel free to contact me. Sincer ly, R. T. "Tim" Dobeck, Sheriff Indian River County ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously approved Budget Amendment 056 for an expenditure of $10,310 from the Law Enforcement Trust Fund as set out in the above request by Sheriff Dobeck. TO: Members of the Board SUBJECT: BUDGET AMENDMENT of County Commissioners NUMBER: 056 FROM: Joseph A. Baird, OMB Directo DATE: April 11, 1990 Entry 1 1 1 LT,,,.,L...,.. 1 Lh,r,ii� /T1er�a r+-�nor�f- /�r,r•r»tn� TTaTno 1 fir, r,�„r,r- AT�i�nl�er 1 Tr,,.�..,.�,... J T\....,,... .. ... ., SPECIAL LAW ENFORCEMENT -SHERIFF 1. suasn r-yrwaru i11L-UUU-jq!:1-u4U.UU ,:;,1U,s1U.UU lS 0 ;Office Furniture and Equipment 1112-600-521-066.41;$ 6,310.001$ 0 1 1 1 1 1 nnr•1rYai- Trnncfar - Nnn rincratinn! 11 7_Ann_Rag_naa nd I &. d nnn nn I Q n 3 APR 3 199Q BOOK 7.9F �..1 6 C. Release of County Utility Liens BOOK 7-9 PAGE 731 The Board reviewed the following letter dated 3/28/90: TO: Board of County Commissioners rFROM: Sandy Bartolucci - County Attorney's Officd'' - DATE: March 28, 1990 SUBJECT: CONSENT AGENDA - BCC MEETING 4/4/90 RELEASE COUNTY UTILITY LIENS I have prepared the following routine lien -related documents and request the Board authorize the Chairman to execute them: Release of Special Assessment Lien ROCKRIDGE SEWER PROJECT Tax I.D. #01-33-39-00036-0220-00004.0 in the name of GEORGE W. CURBOY Release of Special Assessment Lien ROCKRIDGE SEWER PROJECT Tax I.D. ##12-33-39-00003-0010-00005.0 in the name of JOHN M. JEFFREY and HESTER R. JEFFREY Satisfaction of Impact Fees Lot 25, Block L, Indian River Heights, Unit 8 in the name of JACK HOCKMAN and NORMA HOCKMAN Back-up information for the above documents is on file in the County Attorney's Office. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously approved the release of the above listed assessment liens, as recommended by staff. RELEASES ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD D. Budget Amendment 054 - Tourist Tax - National Bike Race Decrease 1. REVENUE The Board reviewed the following memo dated 3/28/90: TO: Members of the Board of County Commissioners DATE: March 28, 1990 SUBJECT: BUDGET AMENDMENT 054 - TOURIST TAX - NATIONAL BIKE RACE CONSENT AGENDA FROM: Joseph A. Bair �@-- OMB Director DESCRIPTION AND CONDITIONS The Tourist Development Council approved funding the Sunrise Rotary Club National Cycle Race in the amount of $15,000 from the Tourist Tax District I funds. RECOMMENDATION Staff recommends that the Board of County Commissioners approve budget amendment 054. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously approved Budget Amendment 054 in the amount of $15,000 from the Tourist Tax District I funds to fund the Sunrise Rotary Club National Cycle Race. TO: Members of the Board of County Commissioners FROM: Joseph A. Baird, OMB Director SUBJECT: BUDGET AMENDMENT NUMBER: 054 DATE: March 28, 1990 Entry Number Funds-/Department/Account Name Account Number Increase Decrease 1. REVENUE TOURIST TAX/ Cash Forward - October 1 119-000-389-040.00 S 15.00o P 0 EXPENSE TOURIST TAX Vero Beach - District I 119-110-572-088.11 15,000 0 APR 31990 5 BOOK �� F 9JE f: APR 3 1990 BOOK 79 f"uC"413 E. Budget Amendment 055 -_Utilities The Board reviewed the following memo dated 3/28/90: TO: Members of the Board of County Commissioners DATE: March 28, 1990 SUBJECT: BUDGET AMENDMENT 055 — UTILITIES CONSENT AGENDA FROM: Joseph A. Baird/� OMB Director DESCRIPTION AND CONDITIONS The attached budget amendment reflects an increase in costs to the Utility Department due to the expansion of the system. The large increase in the sewer department Debt Service in the amount of $460,000 is due to the early completion of the Gifford Sewer Project. This item was not budgeted in the Utility operating budget; however, the Debt Service was capitalized in the original bond issue; therefore, the cash was available in the Gifford Capital Project fund. Debt Service was increased in the water department by $70,000 to reflect a change in the allocation of utilities overall debt. Engineering Services were increased in the sewer department to reflect the obligation with Post, Buckley, Schuh, and Jernigan to develop the master plan. The increase of the Engineering Services budget in the water department is due to the expansion and costs of taking over utility systems. RECOMMENDATION Staff recommends that the Board of County Commissioners approve budget amendment 055. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously approved Budget Amendment 055 - Utilities, as set out in the above staff recommendation. TO: Members of the Board of County Commissioners FROM: Joseph A. Baird, OMB Direct o`r� SUBJECT: BUDGET AMENDMENT NUMBER: 055 DATE: 03-28-90 Entry Number Funds/Department/Account Name Account Number Increase Decrease 1. REVENUE Utilities Interest Investment 471-000-343-010.00 9 170.000 0 Cash Forward - October 1 471-000-389-040.00 630.00 0 EXPENSE Utilities Sewer Engineering Services 471-218-536-033.13 190,000 0 Debt Service Interest 481-218-536-077.21 460,000 0 Utilities Water Engineering Services 471-219-536-033.13 80,000 0 Debt Service Interest 471-219-536-077.21 70,000 0 F. Final Plat Approval for Sandpointe West Subdivision The Board reviewed the following memo dated 3/26/90: TO: James E. Chandler County Administrator DIVISION HEAD CONCURRENCE: Obert 11. Keatin AI Community Developrgentf,D' ector THROUGH: Stan Boling, AICP Planning Director FROM: Christopher D. Rison 009-- Staff Planner, Current Development DATE: March 26, 1990 SUBJECT: FINAL PLAT APPROVAL FOR SANDPOINTE WEST SUBDIVISION, SD -86-10-103 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 3, 1990. ' 31990 APR BOOI' APR 31990 ��gg �q BOOK O c� PAGE 0 35 DESCRIPTION AND CONDITIONS: The total Sandpointe Subdivision is a 100 lot subdivision of a ±52 acre parcel of land located immediately south of the Seagrove Subdivision and lying on both sides of S.R. A.1.A. On October 8, 1987, the Planning and Zoning Commission approved the preliminary plat -for the subdivision. Subsequently, the project was split into two phases; one on each side of S.R. A.1.A. On May 31, 1988, the Board of County Commissioners granted final plat approval for that portion of Sandpointe Subdivision lying to the east (oceanside) of S.R. A.1.A. The developers are now seeking final plat approval for that portion which lies west (riverside) of S.R. A.l.A. as Sandpointe West consisting of 57 lots on a ±29 acre parcel of land. The subject property is zoned RS -3, Single Family Residential (3 units per acre) and has an LD -1, Low Density 1 (up to 3 units per acre) land use designation. The proposed building density is 1.97 units per acre. The owner, Wildfield Properties of Florida, Inc., is now request- ing final plat approval and has submitted the following: 1. a final plat in conformance with the approved preliminary plat; 2. a cost estimate for remaining required improvements certified by the project engineer; 3. a contract for construction of remaining required improve- ments; 4. a letter of credit securing the construction contract. ANALYSIS: Most of the required improvements have been constructed by the developer. Some improvements have yet to be constructed. A contract for the construction of required improvements has been submitted, as well as a letter of credit, covering these remaining improvements. The County Attorney's Office has reviewed and approved the submitted contract for construction and the corre- sponding letter of credit. The Public Works Department has inspected the completed portion of the improvements and has reviewed the certified cost estimate and deemed it acceptable. The County and City of Vero Beach Utilities Departments have no objection to final plat approval. All applicable requirements regarding final plat approval have been satisfied. RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final plat approval for Sandpointe West Subdivision, authorize the Chairman to execute the submitted contract for construction of required improvements, and accept the letter of credit which guarantees the construction contract. 8 r � � ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously granted final plat approval for Sandpointe West Subdivision, authorized the Chairman to execute the submitted contract for construction of required improvements, and accepted the letter of credit which guarantees the construction contract, as recommended by staff. CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD G. Surplus Property - Road & Bridge Ice Machine The Board reviewed the following memo dated 3/22/90: DATE: MARCH 22, 1990 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: H.T. "SONNY" DEAN, DIRECTOR DEPARTMENT OF GENERAL SERV S SUBJECT: SURPLUS PROPERTY BACKGROUND: Road and Bridge recently replaced their ice machine due to deterioration and cost of repairs were exorbitant. This machine is without commercial value. ANALYSIS: Indian River Community College, through their air conditioning and refrigeration vocational school personnel has expressed a desire to use the above ice machine in their program. In accordance with Florida Statues 274,06, "if the property is without commercial value it may be donated, destroyed, or abandoned." RECOMMENDATIONS• Based on the above staff recommends the above ice machine, Serial Number 81040078, County Asset Number 3631, be declared surplus property and donated to Indian River Community College. � '�BOOK ,,cAPR 1990 J r APR 31990 BOOK A P AGE L6 3 d ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously declared the Road & Bridge ice maker as surplus property and donated it to Indian River Community College, as recommended by staff. H. Temporary Water Service Agreement - Mr. and Mrs. B. E. Greene DATE: The Board reviewed the following memo dated 3/26/90: MARCH 26, 1990 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR THRU: TERRANCE G. PINTO /:� DIRECTOR OF UTILIT E ICES PREPARED WILLIAM F. MCC AND STAFFED CAPITAL PROD E INEER BY: DEPARTMENT OF U VICES SUBJECT: AGREEMENT INDIAN RIVER COUNTY AND MR. AND MRS. GREENE TEMPORARY WATER SERVICE BACKGROUND Mr. and Mrs. Greene have requested that temporary water service be installed from the temporary water line on 48th Court to service their property at 4855 16th Street, Vero Beach, Florida 32962, prior to the installation of a water main on 48th Court. ANALYSIS The Agreement states that the Indian River County Department of Utility Services (IRCDUS) shall provide temporary water service to 4855 16th Street until such time that a water line is constructed on 48th Court by assessment. The' Greenes agree to pay all fees required to make this connection. They further agree to participate in the assessment and to reconnect to this water line as required by IRCDUS. RECOMMENDATION The Department of Utility Services recommends that the Board of County Commissioners approve the attached Agreement with the Greenes on the Consent Actenda . 10 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously approved the temporary water service agreement between IRC and Mr. and Mrs. B. E. Greene. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD MALCOLM LEVY PUBLIC NUISANCE ABATEMENT APPEAL -- LOT #1, BLOCK 10 -- WHISPERING PALMS SUBDIVISION UNIT 4 The Board reviewed the following memo dated 3/28/90: James E. Chandler Cmunty Administrator DEPARTMENT HEAD CONCURRENCE Robert M. Feat ct. A Community Developmen'Director FROM: Roland M. DeBlois,AICP Chief. Environmental Planning DATES March.28. 1990 SUBJECTS 1Valgolm Levy Public nuisance Abatement Appeals Lot' 1, Block 10. Whispering Palms S/D Unit 4 It is remueated that the data herein presented be given formal consideration by the Board of County Commissioners at their regular ; meeting of April 3, 1990. DESCRIPTION .AND _CONDITIONS.: At the March 13. 1990 meeting of the Board of County Commissioners. Mr. Leve raised the concern that the public nuisance condition abated on the old water treatment plant site in Whispering Palms Subdivision was not exclusive to property under his ownership. Father. Mr. Levy's position was that the fence surrounding the treatment plant property encroached onto adjacent Lot 14, under separate ownership. Mr. Levy also challenged the accuracy of -the County Road and Bridge abatement cost calculations. As per the Board's direction, county staff have since surveyed the subiect property and have re-examined abatement cost calculations. for the Board's further consideration. ALTERNATIVES AND ANALYSIS: The recant county survey of Lots 1. 2, and 14, Block 10, Whispering Palms Subdivision Unit 4 reveals that the existing fence 9urroundinq'.the old water treatment plant site does in fact encroal.h onto Lot 14 (Gee the attached survey) . It is estimated that mnnrr.)xlm?t-?1v one-gnartar (t/4) of the area contained within the existing feince is property riot under Mr. Levy's ownership (Lot 14). Tn that s=taff made the assmmntion •that the fenced area Was romnletely on Mr. Levy's ure.)Dertu, the owner of Lot 14 was not.duly motif Led of fhso r_nblic nuisance. County Road anA. 3ridae staff hatre re-examined the abatement cost calculations, •a.nd ha -9 confirmed that the original calculations are cOrredt. RECONMF.11DATION Based on the estimated area of r•iblic nuisance abatement pot on property-o'h/hed by Mr. Lavv, staff recommends that the $9.873.06 a"ad9ment be reduced by one-quarter, to 'the amount of $7. 404.80. 11 BOOK 7 9 F'�ur.,ED APR 31990 1 1 1 tJ u Vi PLAT NOPi H __ G P,/W L/NE ' ap. G� • ar � t h 4 e o tR =" t—I=o.ti 67.98' c. (BB' P.1 wo. - l I L -OT 14 01 04 ' '1 0 4 =iii ti toe' It, 02- toe' y • 7th AVENUE S. W. 4 t` sr 2T9.74' /9o.T6' C. (/9/. 81 ' P. ) 3-.-st ef'`, to, 23' ,s' S3• w k3_190* 22' ► \- 1�, N�. :�w: ntOrsOx a.3t Zz e- L 0 T 1 ty ra: • �I- WELL/ CAP 10 S- wine STatO i. a R str SY R W toe! wf b,� at !. . C• '-S At; � I o ^4 tlr- 11b / '•• , C! 1= ,Za.A� P ) �! tD' of BLOC K 160 1 G_ 10 -O SURVEYED FOR AND CERTIFIED TO THE BOARD OF COfAMOSiONERS OF INDIAN RIVER COUNTY. FLORIDA LEGAL DESCRIPTION Lots I and 2. Black 10, Whispering Pawns 5/0 Unit 4. as recorded in Plat Book S. P1ge 11 of the Public Records of Indian River Counfy, Florida. SURVEYORS CERTIFICATION 1. Charles A. Cramer, hereby certify that this surveywas made on the ground under my immedialR Subervil.On, in a=OrCancs with the provisions of Chaster ZINN - 6 of the Florida Administrative Code, pursuant to Chapter 4T2 of the Florida SIOMIIGS.' Charles A. Cramer, P j -S. +4 AC94 1840 251h St. Vero Beoca, FL 32960 ( 407) 567- SCCO BOUNDAP. Y SUR%EY fiE�J WYCRX FIN/SHE-7 29 .VARC.V ;990 I,1„!` '� S � •Iii! CTS O 0 R CC) cn rn LIM U Roland DeBlois, Chief of Code Enforcement, advised that based on the estimated area of public nuisance abatement not on property owned by Mr. Levy, staff is recommending that the $9,873.06 assessment be reduced by one-quarter, to the amount of $7,404.80. Malcolm Levy, 1601 Marine Isle Way, Jupiter, Florida, outlined very briefly the public nuisance abatement in 1987 when he and his partners were made to remove the water tank at the cost of $7,000. In reviewing the survey stakes this morning, Mr. Levy pointed out that the owner of Lot #14 actually has 23 feet behind Lot #14 which has a house on it. So the area that was cleared out of steel rods, Brazilian pepper trees, weeds, and grass, was mostly behind the building on Lot #14, but he and his partners paid for that. Mr. Levy didn't want to enter into a lawsuit with the County and would like to settle this with the County in a friendly matter. He advised that he has consulted with a lawyer who has advised that they would prevail in a lawsuit against the County in this matter. He didn't know how you can lien somone's property and clear someone else's lot. As the Chairman mentioned at the last meeting, there was a lot of assumptions on many parts. He assumed, and the County assumed. He wished to work this out in a friendly manner if possible, but assured the Board that there would be a lawsuit if the lien was not removed. Commissioner Bird asked if staff had determined whether or not the water tank was totally on Mr. Levy's property, and Mr. DeBlois circulated a photocopy of an aerial showing that the water plant was on Mr. Levy's property. While the aerial was being reviewed by the Commissioners, Commissioner Scurlock noted that he had not been at the last meeting when this was discussed, but after reading the Minutes, 1 3 � APR 31990 BOOK ; h{,,t 746, APR 31990 Boos 79 mu -1741 there seems to be some significant distortions in terms of what occurred at that time. He was on the Commission back then and remembers Mr. Levy. Mr. Levy was somewhat confused because Mr. Baird was the individual who took him out to view the site. This gentleman bought the property sight unseen and became extremely ecstatic when he saw some improvements thinking they had value, but became depressed after it was obvious that it actually was going to be a negative to have those structures on that particular property. Commissioner Scurlock failed to understand why this Commission got defensive at the last meeting and felt like they were somehow at fault since Mr. Levy should have had the property surveyed himself so that he would have been assured that he had clear, clean title and known what it was he was buying. However, for some reason, Mr. Levy switched the burden all of a sudden to the Commission. Commissioner Scurlock emphasized that Mr. Levy buys property all over Florida, and bought this sight unseen. Mr. Levy was ecstatic when he saw the improvements that were on the property until he found that it was going to cost him some money to remove them. So, those are the facts, and he was here at that time, and remembers Mr. Levy. Mr. Levy wished to respond to that, and stated that everything Commissioner Scurlock just said was a false statement that they do go all over the state and buy property and that they don't survey property when they put in a bid. They submit bids several hundred timesa year, and if we survey property... At this point Commissioner Scurlock interjected that he didn't say they had surveyed it, he said they should have surveyed it. Mr. Levy maintained that Commissioner Scurlock made a false statement when he said they didn't see the property, but Commissioner Scurlock interjected again that it was Mr. Levy who had told him that. 14 After Chairman Eggert intervened in a heated exchange between Mr. Levy and Commissioner Scurlock, Mr. Levy reiterated that he would like to solve this in a peaceful manner if possible, but their attorney has advised them that they would prevail in a lawsuit against the County on this matter. Attorney Vitunac felt that the only issue that Mr. Levy has made here is that there may have been more repairs on the Lot #14 portion of the abatement than on his portion. However, Mr. Levy hasn't answered the fact that the County did a lot of repairs on his land that he didn't clear up as he is required to do by law, and he hasn't made any offers as to how much he is willing to pay. All he is saying is that he is going to go to court because the County cleared off more than his land. He hasn't denied not cleaning up his own property, and we are still waiting to hear an offer. Commissioner Wheeler felt it was a situation of let the buyer beware, but Mr. Levy believed that the public has a right to rely on the County's statements. When a County Attorney tells you that you have to remove a water tank within one year, you have to do it, and they did it, but that water tank was half on Lot #14. He would like for this Commission to make a proper decision if possible; if not, they would have a judge make a decision as to whether or not they were required to move a water tank that was not on their property. Commissioner Bird noted that from the aerial, it appears that the tank was on Mr. Levy's property, but Mr. Levy pointed out that the aerial was taken from 10,000 feet and that he relied on the survey that shows where the water tank was and the survey markers are right there. In fact, he videotaped the survey markers and that is available if the Commissioners wish to view it. APR 31990 15 t3oo� F"t 74 I L APR 3 1990 BOOK 743 Attorney Vitunac again asked Mr. Levy what his offer is, but Mr. Levy proceeded to recount the arguments he made at the last hearing regarding the posting on Lot #14 instead of Lot #1. Mr. Levy advised that he could get an affidavit to that effect from two neighbors who also witnessed the cleanup process. Even though the County charged for 8 days, there are people out there who said it could have been cleaned up in a day or a day and a half. Attorney Vitunac emphasized that Mr. Levy still has not made an offer, and Mr. Levy stated that the County is going to have to remove the lien from his property because you can't lien his property and clean someone else's property. As he said before, he does not wish to sue the County; the land just is not worth it. He would just as soon donate the land to the county. He would even lease the property to the County for a dollar a year for 10 years so it could be used as a park. Commissioner Wheeler asked exactly where the County posted the notice, and Charles Heath of Code Enforcement advised that he personally posted the property on the double gate on the northeast corner of the property. He put the notice right up against the fence so it could not be ripped down. The double gate is on Lot #1 right at the entrance to the property where the tank used to be. Mr. Levy noted that it says in his notice that the posting was done on 735 7th Street, which is the west part of the lot, and this is where the neighbors saw the posting. Chairman Eggert explained that it was posted on the fence on Lot #1 on Antigua Road, which is also called 7th Road, S.W. Attorney Vitunac advised that unless Mr. Levy is going to recommend a fair payment to the County, he would recommend that we go ahead and let him sue us as we are willing to go to court on our evidence from Charles Heath. 16 Commissioner Wheeler stressed that based on staff's recommendation, the Board is prepared to reduce the assessment by one-quarter. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Scurlock, the Board unanimously approved staff's recommendation that the $9,873.06 assessment be reduced by one-quarter, to the amount of $7,404.80, as set out in the above memo. PUBLIC HEARING - HARRIS SANITATION RESIDENTIAL RATE INCREASE AND INCREASE IN FRANCHISE FEES 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., J!. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement. being i a in the matter in the _ Court, was pub- lished in said newspaper in the issues of Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in sajd Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County. Florida. each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty. Florida. for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate. commission or refund for the purpose of securing this advertisement for publication in the laid newspaper. Sworn to and subscribed before me this o%�_..day of 2 l ,D. 19 O— a (Business Manager) (Clerk of the Circuit Court, Indimi River 51unty, Florida) (SEAL) dJ/Ily" ♦.per-rT.OlS!''W - , -ff :np - � THE NOTICE OF PUBLIC HEARING, PUB- LISHED THURSDAY, MARCH 22, 1990, IS HEREBY AMENDED AS FOLLOWS: . NOTICE OF PUBLIC HEARIN43 Notice Is hereby given that the Board of County Commissioners of Indian River County will hold a public hearing In the Commission Room, In- dian River County Administration Building, 1840 25th Street, Vero Beach, FL 32960, on Tuesday, April 3, 1990, at 9:05 a.m., to consider the re- quest of Harris Sanitation for a residential sani- tation rate increase of 62%, and to recommend an Increase In franchise fees from 1% to 6% an- nually. Copies of the requested rate Increase packet may be obtained at the Department of Utility Ser- vices at 1640 25th Street, Vero Beach, Florida 32968. All Interested parties will be heard. Anyone who may wish to appeal arty decision which may be made atr this meeting will need to ensure that a verbatim record of the proceed- ings Is made which includes the testimony and evidence upon which the appeal will be based Dated this 20th day of March, 1990, BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Carolyn K. Eggert, Chairman March 26. 1990 aama m^r 17 BOOK F,�Gc9 APR 31990 APR 3 X990 BooK 19 Pf�u 745 The Board reviewed the following memo dated 3/23/90: DATIE: MARCH 23, 1990 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILITY SERVICES STAFFED AND PREPARED BY: JOSEPH A. BAIRD BUDGET DIRECTOR HARRY E. ASHER ASSISTANT DIRECTO OOF UTILITY SERVICES CINDY E. WHITE O,C:L-*� FRANCHISE COORDINATOR DEPARTMENT OF UTILITY SERVICES SUBJECT: HARRIS SANITATION RESIDENTIAL RATE INCREASE AND INCREASE IN FRANCHISE FEES FROM ONE PERCENT TO SIX PERCENT ANNUALLY BACKGROUND: Harris Sanitation, Inc., currently charges a garbage collection fee of $5.25 per house to their residential customers. They would like to raise this rate to $8.50, an increase -of -62%. The County's franchise agreement with Harris (Resolution No. 82-50, Section 14) gives us the authority to review any proposed changes in their residential rates. An analysis of their request is presented below. In addition, the Department of Utility Services deems it necessary to increase franchise fees for Harris Sanitation, Inc., from one percent to six percent annually. ANALYSIS: Revenue: 1. In analyzing and comparing revenues from year to year, a substantial decrease in residential income was noticeable from 1986 to 1987, both in dollars and as a percentage of all income. Upon further review, we found that tipping fees were eliminated for residential garbage in that year. The savings that resulted ($2.65 per house), was passed on to Harris, customers in the form of lower rates, thereby lowering total residential income for the company. 2. Although it initially appeared that the number of residential customers was not increasing over the years, further analysis showed that Harris tended to bill mobile home parks on one bill rather than by individual units, thus skewing the tally downward. Counting these homes as separate units along with other residences reveals an actual growth of 23.4%. Expense: 1. Labor costs in the form of drivers and helpers have risen only 6.1% since May 1987, a conservative increase. 18 2. Truck operating expenses had decreased 31% over the past few years. This seems to be attributable to a corresponding decrease in fuel costs as well as the purchase of fuel efficient vehicles. 3. Maintenance expenses have decreased 10% since 1987. According to Harris Sanitation staff, this outlay was reduced by the purchase of a new vehicle, replacing an old truck that was in constant need of repair. 4. The depreciation schedule accounted for all assets and the method used was acceptable. 5. Salaries and general administration costs turned out to be an area of major increase (up 46.2%). These costs, (which include management and accounting salaries, corporate expenses, office supplies, and billing costs) rose in part from the addition of an Indian River County area supervisor. _ 6. Interest expenses rose substantially (55%). This increase was primarily due to the interest costs affiliated with the purchase of trucks, as well as money borrowed to cover operating losses. RECOMMENDATION: After reviewing the revenues and expenses for Harris Sanitation, Inc., and the attached documentation, we find their request for a rate increase to be a reasonable one, and recommend that the Board of County Commissioners approve the attached resolution to increase the residential rates to $8.50 per residential customer, and to increase franchise fees from one percent to six percent annually, based upon the outcome of the Public Hearing. Commissioner Scurlock asked what approved tax year Harris's rate increase presentation is based on, and OMB Director Joe Baird advised that it is 1988. Attorney Robert Stone, representing Harris Sanitation, advised that Stan Harris, who originally founded the company which is now a wholly-owned subsidiary of Waste Management Corporation of Florida, and is now in charge of marketing is in attendance today along with general manager Peter Jergle and comptroller Steve Tatoul to answer any questions the Board may have. Attorney Stone gave a brief history of the firm and stated that Harris Sanitation has never received a rate increase for service. They did receive a rate increase in 1986, which was a pass-through rate for the Landfill. He noted that their t 19 BOOK % f'a,c 4 APR 3 1990 BOOK .79 Pgr,E 74 a' competitor, Treasure Coast Sanitation Corporation, received a rate increase 2-3 years ago from $5.25 to $8.23. Harris filed its application eleven months ago for the present rate increase request, and are here today for the public hearing to justify that. Steve Tatoul, comptroller for Harris Sanitation, felt that the reason for the need for a rate increase is contained in the documents that have been submitted. The documents show the 1987-88 results and some improvements in their operations going into 1988, which they had hoped they would be able to continue. However, in early 1989 it was clear that they needed a rate adjustment, and they filed the application in May, 1989. Commissioner Scurlock had a number of questions. In staff's analysis of revenue, it mentions a 23.4% growth in revenue. Initially, your figures suggested that there wasn't any growth in residential units, but when we reviewed your figures, we identified that you were carrying about 560 customers in a commercial category who really were residential in nature, i.e. pickup at each mobile home. Under Expenses, there is a 31% reduction in operating expenses, which is a significant portion of your operation, along with a decrease in your maintenance expenses. While your labor costs have risen only 6.1%, your salaries and general administration costs have increased by 46.2%, and interest expenses rose substantially by 55%. Commissioner Scurlock felt these increases are pretty significant in view of the fact that there were some reductions in some other categories. Commissioner Scurlock explained that when he analyzed their gross receipts for commercial and residential, it appeared that almost 80% of their revenue came from the commercial side and 20% from the residential side, and he had questioned why so much was being attributed over to the residential side, especially in the interest expense. It became clear that you purchased a piece of 20 � � s land and attributed a large percentage of the cost to the resi- dential side based on the number of customers. The number of customers is interesting, because in residential each home or mobile home is a customer, whereas in commercial one customer may represent 200-300 units. When he visited that particular site a couple of days ago, it seemed to him that the site was serving mainly as a place to keep an inventory of commercial roll -off containers, and he questioned that item a little bit. Commissioner Scurlock next reviewed the following Statement of Residential Revenues and Expenses: HARRIS SANITATION, INC. STATEMENT OF RESIDENTIAL REVENUES AND EXPENSES(NOTES 1 & 2) FOR THE INDIAN RIVER COUNTY, FLORIDA SANITATION SERVICE FRANCHISE AGREEMENT FOR THE PERIOD FROM JANUARY 1, 1988 TO DECEMBER 31, 1988 RESIDENTIAL REVENUE Residential -Single & multi units (Aug. 1515 units) $133,731 Commercial -Trailer Parks (Aug. 567 units) 24,196 Total Revenue (Avg. 2082 units) 157,927 COST OF OPERATIONS Drivers and Helpers 81,216 Truck Operating 10,864 Truck Maintenance 39,524 Truck Depreciation 16,202 Insurance Premiums 13,710 Bgi1ditag Occupancy 4,226 Disposal _ 27,246 Other Hauling 1,579 Total Cost of Operations 194,567 SALARIES & GENERAL ADMINISTRATIVE Salaries 12,927 Other 17,805 Interest 6,656 Total SGA Expense 37,388 PRE-TAX NET LOSS (74,028) TOTAL COST PER UNIT 9.28 --UNAUDITED-- THE ACCOMPANING NOTES ARE AN INTEGRAL PART OF THIS STATEMENT 21 BOOK APR 3 1990 BOOK 9 PAGE '749 Commissioner Scurlock noted that if you take the operating revenue of $133,731 and divide it by the 1515 single-family and multi -family units, you come up with $88.27. If you look at commercial, where we were having some difficulty in identifying the lack of growth in your system, it was apparent then that you were billing trailer parks as commercial to the tune of 567 units. Those units, however, had the same or similar service as residential units, and generated $24,196 in revenue when your approved rate would have allowed you to generate $26,000 more by billing the trailer parks as residential. Commissioner Scurlock understood the competitive nature of doing that, but the fact is that part of the $74,028 loss was due to your decision to cut a different rate for trailer parks which have similar service as residential. He noted that he lives in a single-family home and that rate was not made available to him. Commissioner Scurlock asked if Harris had ever given a special discount rate to any closed, gate -house residential community in this county, such as Seagrove, Castaway Cove, Cache Cay, etc., but Mr. Tatoul couldn't think of any. He didn't feel that any of those really fit the category of these trailer parks. He felt that anybody who fits the trailer park situation where there is a management company or an ownership of the entire property who subscribes 100% and agrees to pay for the services of the entire center in one individual billing would be offered such a discount. Commissioner Scurlock pointed out that some of the interest expenses on the $74,000 loss was attributable to their decision to render services to trailer parks at a lesser cost than to residential. Mr. Tatoul advised that there has been no acquisition of land, although they would like to consider that in the future to prepare for growth in the county. The land that Commissioner Scurlock mentioned is currently leased and only 33% of that cost 22 is allocated to residential. The reason residential represents a significant amount of cost in many cases is because there is one commercial truck, one roll -off truck and two residential trucks that service the county. Commissioner Scurlock didn't feel that the small adjustments that he pointed out would make a major difference, because if you adjust the loss down, it is only a few pennies. However, it seems to him that the time has come when we should regulate the entire operation so that we have numbers and allocations of cost available to us. By regulating the residential side, we are regulating the rough side where there are marginal profits involved; therefore, an achievable goal for the County is to have a rate of return that reflects current interest conditions. Since there is no definition of residential and commercial in the franchise agreement, he couldn't fault Harris. It seems that the County has adopted a concept that if it is a roll -off container and a single bill, it is commercial, and if it is individual door-to-door pickup, it is residential. Commissioner Scurlock believed that if Harris is out there with those kind of competitive rates, Treasure Coast is doing the same thing. He felt we need to bring in the other hauler so that we get the same set of facts for everybody including the franchise fee. He felt there are some serious questions in terms of how cost allocations are made and residential vs. commercial. Chairman Eggert agreed that it is frustrating when you can't see the big overall picture as to the cost allocations and have to take a lot of it on faith. Attorney Stone stated that Harris Sanitation absolutely has no objection to the County regulating both residential and commercial under any circumstances. function of the Commission to do so. They feel that is a reasonable Commissioner Scurlock asked if they would be willing to say what their feeling is for a rate of return on the commercial ,-, 23 BOOK �° f ":GE 50- P 3 1990 APR 31990 BOOK A PAGE 751 side, and Mr. Tatoul stated that he could say that there are certain benefits to the current pricing structures where certain commercial customers who require special types of services have to foot the bill. Commissioner Scurlock asked if they are in the 15% range in the rate of return, and Mr. Tatoul felt that they may be close to that, perhaps a little less. Commissioner Bird knew the Board had some reasons for not doing so, but couldn't remember exactly why the Board chose not to regulate commercial, and Director Pinto explained that the intent of the regulation was to control over -pricing and since both haulers were collecting at large, there was competitive pricing. At the time it was not considered the feasible thing to do, but Commissioner Scurlock emphasized that we didn't see the effect on residential either at that time. Director Pinto advised that the present 20 -year franchise gives the Board the absolute right at any time to start regulating, and we have suggested to the County Administrator that -before we go into a mandatory collection ordinance and to a different method of billing, we renegotiate the franchises, clean up the franchise agreements, put in the right language and definitions, and establish a rate structure that both of the haulers can live with. Commissioner Wheeler recalled that two years ago he was in favor of regulating the whole county, having mandatory collection, and dividing up the franchises into separate territories. The basic reason for that is that Harris and Treasure Coast are both servicing the same streets which results in damage and extra wear and tear to the streets. Commissioner Scurlock's recommendation would be to approve a rate today and then allow Administrator Chandler, Director Pinto and himself to work with both of the firms gearing ourselves to October when we can start moving in the direction of mandatory 24 collection and the separation of service areas. Commissioner Scurlock further recommended that we put our new operation in effect October 1st with our new budget year. Administrator Collins confirmed that staff's goal is October 1st. He felt it would be more appropriate to consider regulating commercial at the time the ordinances are brought to the Board. Since we will be dealing with both companies in terms of mandatory collection and delineating specific areas of collection, we feel it would be a more orderly approach to address it all at one time. Commissioner Scurlock wished to return to the $26,000 portion of the $74,000 loss, but Mr. Tatoul didn't agree entirely that there is a $26,000 operating loss caused by their decision to not charge the trailer parks the same as single family res- idential. The reason for that is that trailer parks are very different in demigraphics from single-family homes. In mobile home parks, there are smaller lot lines and more customers per mile. They subscribe 100% for service, which gives them a great operational efficiency, and part of that $26,000 is for that operational efficiency. Commissioner Scurlock emphasized that was the reason he asked if they had any single home developments where they offer the discount, and Attorney Stone stated that the mobile home parks are the only ones. Mobile homes are a lot like mandatory collection -- it is 100% subscribed. There is one bill and one check in payment of the entire amount. Commissioner Scurlock agreed to a certain extent, but the difference he calculated is the difference between $88.27 and $42.67. He was sure there is some difference, but he wasn't sure it is double. Attorney Stone noted that two years ago they reviewed that issue which comes under Section 8 of the contract, and he felt Boor F� J 25 APR 31990 BOOK �� P} GE 75 tj everyone agreed at that time that the manufactured/mobile homes were exempt from that section. Chairman Eggert felt there is a uniqueness to the mobile home park situation in that it is door to door but at a lower commercial rate. Commissioner Bird asked if the staff's recommendation for the 62% increase is to make up for the loss allowed for the additional 5% franchise fee and give them a rate of return. Director Pinto explained that they are not going to recover lost revenues from the arrears; therefore, they cannot compound that into the rate. The franchise fee ends up to be a direct pass-through, so you can set that aside. Commissioner Bird understood that the 6% franchise fee would be on top of the $8.50 base rate, but in looking at the additional employees and new equipment, do we feel that the rate is a reasonable rate. Commissioner Scurlock felt the reason why they are asking for less of a rate of return is because that commercial side that isn't being regulated does have a definite benefit to the company by generating 800 of their revenue. Director Pinto explained that the ordinance for the required 100% mandatory collection is in the Attorney's Office in draft form. We are in the process of dotting all the is and crossing all the t's, and it is almost ready to go. When that takes place the entire rate structure will change and even the manner of collection of trash will change. We have to address whether we are going to separate it at curbside for recycling, etc., and these interim rate structures will be for the period of a year or so until we change over. He noted that when we switch over to mandatory collection, the County will be doing the billing and collecting the payments, so we will be in direct control of the revenue flow and will know exactly what is going on. The Chairman opened the Public Hearing, and asked if anyone wished to be heard in this matter. 26 - M M Tom Aldridge, lifetime resident of the county, just heard about this rate increase on the radio this morning. He had no complaints on the service, but as a wage earner, was concerned about the 62% increase. He believed that Commissioner Scurlock's delving into the matter raised some interesting questions as to the 55% increase in expenses, the 46% increase in salaries, but only a 6% increase in wages. Commissioner Scurlock explained that Harris hired a full time supervisor for Indian River County and his salary accounts for most of the 46% increase in salaries, but Mr. Aldridge likened the disparity to the time when one of the big three auto companies gave the upper echelon a tremendous pay raise and the guys on the line got zero. Mr. Aldridge didn't feel that the customers should be held responsible for paying for Harris's assets such as land or equipment. He felt the 62% increase is not acceptable. Gene Waddell,member of the School Board, was concerned about the service provided by the two trash collectors, because they do not pick up palm fronds, trimmings, or anything bigger than what will fit in a plastic trash bag. He understood that the residential property owners are currently paying $52.80 a year in their ad valorem taxes for space in the Landfill, and then pay one of the two trash collecting firms to haul their trash to the Landfill. He felt the Board should be looking at what services the two firms provide for the money they charge, because it seemed to him that something is amiss when one has to either own a trailer or a truck or contract further to take away the larger material that the haulers won't. Commissioner Scurlock felt that matter would be worked out during the establishment of mandatory collection and our recycling program. The City of Vero Beach presently has that special pickup for some types of materials including appliances, etc., which are difficult to get to the Landfill. 27 GOOK APR 31990 BOOK ` 9 75,r, Chairman Eggert added that many communities have a special day where they haul everything away. Bill Koolage, 815 26th Avenue, wasn't in favor of long-term franchise agreements, and felt 20 years is too long a period. He agreed with the concept of having the haulers split up into territories rather than both serving the same areas. With regard to the franchise fee increase, he questioned the quarterly payment which gives the firm the use of that money, but Director Pinto explained that the bills are sent out 30 days in advance of when the payments are due, and it would be very complicated to collect the franchise fee from the haulers on a monthly basis. Mr. Koolage was hoping that the implementation of the mandatory collection would be in effect by October of this year. Chairman Eggert advised that Attorney Vitunac had just explained to her that only the ordinance for mandatory collection would be passed in October. She had been of the understanding that the whole system would go into effect on October 1st. Director Pinto advised that they will be bringing to the Board very shortly a draft plan of how we can implement this. There being no others who wished to be heard, the Chairman closed the Public Hearing. Commissioner Scurlock still wanted to see some adjustment in terms of that $74,000 loss, and Director Pinto advised that their calculations based on the interest of the other borrowed money show an adjustment of $.13. 28 J ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously adopted Resolution 90-41, authorizing a residential rate increase for Harris Sanitation, Inc., to $8.37 ($.13 less than staff's recommendation of $8.50) and increasing the annual franchise fees to 6 percent; and directed staff to move into regulation of all aspects of solid waste in Indian River County and initiate the same action uniformly with the other haulers, which should not take any longer than October, 1990. RESOLUTION NO. 90-41 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING RESOLUTION 82-50, AS AMENDED BY RESOLUTIONS 86-23, 86-30 AND 86-113, WHICH NEW .AMENDMENT WILL AUTHORIZE A RESIDENTIAL RATE INCREASE FOR HARRIS SANITATION, INC., OF $3.12 PER MONTH AND INCREASE ANNUAL FRANCHISE FEES TO SIX PERCENT. WHEREAS, Harris Sanitation, Inc., notified the Department of Utility Services in writing, as required by Resolution 82-50, Section 14, of a requested increase in its residential rates and submitted justification; and WHEREAS, the Department of Utility Services has reviewed Harris Sanitation, Inc.'s request and, based upon a careful review of the company's revenue and expenses over the past four years, recommends that the requested increase amount of $3.12 be allowed; and WHEREAS, the Department of Utility Services has also deemed it necessary to increase franchise fees for Harris Sanitation Inc., from one percent -to six percent; 29 APR 31990 [iQQI< �'`Gr U�1j APR 31990 BOOK 1� f'AUE - NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that effective with the next billing cycle, that Harris Sanitation, Inc., shall pay to the County six percent (6%) of gross revenues per fiscal year as a franchise fee for its operation in Indian River County. Payment shall be paid to the County on a quarterly basis, and shall be shown as a separate additional charge on customers' bills. Harris Sanitation, Inc., is also authorized to increase its rates by $3.12 per month per residential customer so that the original residential charge per month will be increased as follows: $5.25 = Original Residential Charge Per Month 3.12 - Increase $8.37 - TOTAL The foregoing resolution was offered by Commissioner Don C. Scurlock, Jr., who moved its adoption. The motion was seconded by Commissioner Margaret C. Bowman and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice -Chairman Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Gary C. Wheeler Aye Commissioner Margaret C. Bowman Aye The Chairman thereupon declared the resolution duly passed and adopted thiss3' day of4:�4_91990. Attest IaW�by I Bart Clerk Approved as to form and legal sufficiency: Charles P. Vitun c County Attorney 30 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY,,� FLORIDA CarolyK. Egger Chairm'D Approved for Uti ity Matters: Terrance G. Pinto, Director Department of Utility Services PUBLIC HEARING - SPECIAL ASSESSMENTS FOR POTABLE WATER DISTRIBUTION SYSTEM IN SUMMERPLACE AND SPRING PLACE 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 authorily'personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Baach In Indian River County, Florida; that the attached copy of advertisement, bPinq a In the __. _ _ _. _ __._. Court, was pub. lished In said newspaper in the Issues of Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, In said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisemenh and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate. commission or refund for the purpo3p of securing this advertisement for publication in the gal ewspa er. •• .. Sworn to and subscribed before me �'q� P"'""' � v p•p, tg usiness Manager) (SEAL) (Clerk of the Circuit Court. Indian River Co nty, Florida) tri„ The Board of CountNOTICE y Commissioners of Indian River County, Florida, hereby provides notice of a Public Hearing scheduled for 9:05 A.M. on Tuesday, April 3, 1990, to discuss a proposed resolutionrelating to a special assessment proj. ect In Indian River County for the Installation of -a potable water distribution system in Summer. place assessment lienring s to be mand adeofrecord own the properties to be served. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceed. ings Is made, which Includes testimony and evi. dence upon which the appeal is based. March 14, 21, 1990 864750 The Board reviewed the following memo dated 3/23/90: DATE: MARCH 23, 1990 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILITY SERVICES STAFFED AND PREPARED BY: WILLIAM F. CAPITAL`P CT ENGINEER DEPARTM$$NT LITY SERVICES SUBJECT: RESOLUTION' NO. I FOR SUMMERPLACE, SPRING PLACE AND OCEANAIRE HEIGHTq WATER DISTRIBUTION SYSTEM IRC PROJECT NO. UW8909DS BACKGROUND: On March 13, 1990, the Board of County Commissioners approved Resolutions No. 1 and 2 for the aforementioned project. The hearing AP 31 �o®� FaU L 7tj R 3199® APR 31990 600K .79 PnE 75 date was set for April 3, 1990. Construction of the water distribution system on the east side of A -1-A (Summerplace) is now complete. Due to the emergency status of the east side of this project, we are obtaining easements after the fact (or, as people connect to the system). The Department of Utility Services sent letters to the residents on the west side of the project explaining how -the easement situation was handled on the east, and requesting their input as to the use of this same procedure on the west. We did not receive any complaints about handling the easement acquisition after the completion of construction, as was done on the east side of A -1-A. ANALYSIS: Attached please find a copy of the preliminary assessment. The total cost to be assessed is $513,360.00, which equates to a cost per square foot of $0.154900942. RECOMMENDATION: The Staff of the Department of Utility Services has two recommendations: - 1. That we be allowed to obtain easements in Summerplace west and Spring Place after the completion of construction, as was done on the east side of Summerplace (east of A -1-A). 2. That the Board of County Commissioners approve Resolution No. 3, thereby approving the proposed preliminary assessment for this project. Utilities Director Terry Pinto anticipated that the final assessment will be less than the preliminary assessment. The Chairman opened the Public Hearing, and asked if anyone wished to be heard in this matter. Paul Svendsen, 1830 Sandpiper Road East, a 10 -year resident, advised that the water lines have been installed on his street and he has received notice of the assessment and the amount of the impact fees, etc. He objected to the $115 installation fee for the meter, because he can't see how it can cost $115 to install a meter when the box is already there. Director Pinto explained that the $115 includes the cost of the box itself, the installation of the meter, the connection of the meter, and our carrying costs. Commissioner Scurlock explained that the box is there because they put it in as part of running the lines and then they come back and set the meter in it. The box is part of the $115 charge. 32 M M M Mr. Svendsen noted that there is also a $40 charge for the water meter itself and an additional $4 for an inspection fee. He didn't understand those fees. Director Pinto explained that the $40 is a refundable deposit to guarantee payment of the water bills. Mr. Svendsen asked what they are paying for to begin with, and Chairman Eggert explained that the assessment is for the water lines in the street and the water lines to the meter box. Director Pinto explained that the whole idea is that we will recover 100% of the cost of that project from the customers that use it. No more, no less. Rex Hannon, 9425 Doubloon Drive in east Summerplace, asked about the charges for the water itself, and Director Pinto explained that water customers are charged on a per 1000 gallon basis plus what we term a base fee. In other words, in the absence of any use at all, there is a minimal monthly base fee of $5.34 and a $1.82 billing charge, for a total of $7.16 every month no matter how much you use. Then it is $1.99 per thousand gallons based on water consumption. Mr. Hannon understood that his final assessment will not be more than the estimated $2947, and Director Pinto emphasized that it cannot be any more than that, but it may be less. We will know the final assessments when construction of the project is completed and the costs are divided up for each assessment. He stressed that the final assessment cannot be more than the preliminary assessment, and at this point, they expect the final assessments to be lower. Mr. Hannon understood that if he wanted to hook up, it would be necessary to pay the impact fee, the meter installation, and the deposit, and Director Pinto confirmed those charges. A payment plan is available only for the assessment and the impact fees. Harvey Dangel, 9355 Frangipani Drive, a 20 -year resident, didn't fully understand the impact fees, and Commissioner Scurlock 33 BOOK � � .G`r. i�� ASR X990 BOOK 79 PAGE 761 explained that the County charges an impact fee from all customers who hook up to pay for their capacity in the water plant. The impact fee represents 800 of the North Beach Water Plant, which is down by Sea Oaks, and the core system that comes down AIA to your subdivisions. Twenty percent of the cost of that plant and the core system is recovered in the rate structure over a period of time. Mr. Dangel understood then that the total cost for all of that was going to be $2900 or less, but Chairman Eggert pointed out that the $2900 cost was for Mr. Hannon's specific assessment. The assessments are based on the cost per square foot. Mr. Dangel asked if that included the hookup, and Commissioner Scurlock explained that there are various other charges such as the $115 for the meter box, installation of the meter, and the connection of the meter. The property owner still has the cost of bringing the water line from the meter to the house. The meters will be set somewhere in the front of the house near the curb line. Mr. Dangel understood that you could do that connection yourself if it meets the Code, and Commissioner Scurlock stated that he ran his own line. Director Pinto advised people who have existing wells to use them for irrigation rather than the potable water because that could be quite expensive. In addition, he cautioned them not to inter -connect their wells with the potable water lines. Wendy Overton, resident of Delray Beach, explained that she owns a place in Summerplace at 1941 Shell Lane and was pretty upset that she would have to pay about $4500 to get county water when she is happy with just the way it is. Attorney Vitunac advised that she would not have to use the water, but would have to pay the assessment for bringing the line to her property because it is an improvement which benefits her property. 34 Commissioner Scurlock pointed out that she would not have to pay the impact fees if she didn't want to hook up, but she would have to pay the assessment. Mrs. Overton asked if she could hook up sometime down the line if her well went bad, and Commissioner Scurlock advised that the impact fee probably will increase so she would be better off to vest right away. Commissioner Bird wished to point out that the County didn't initiate this project. We had people from the Summerplace area crying to us 5-6 years ago to please bring them some decent water up there because they had a problem with their water supply. Based on that request, we had our Utility Dept. Look into the possibility of connecting that area with the county system. He felt that a lot of Mrs. Overton's neighbors wouldn't agree with her that they don't need county water. Chairman Eggert emphasized that it actually became an emergency situation when some people on the east side lost their wells. Celia,Svendsen, 1830 Sandpiper Road, had a problem with the water being put in because the end of her street at AIA has been left in very bad condition. She spoke with Bill McCain of Utilities about it, and although he agreed, he advised that it is the DOT's responsibility. She didn't feel that Mr. McCain was aware that the company who put in the water lines dug two big holes there to install some very large pipes. Director Pinto stated that any damage that was done because of the project will be repaired, and assured Mrs. Svendsen that they would have somebody out there to take care of the problem. Edward Green, 1950 Pebble Path, wanted the water and is willing to pay up as soon as he gets it. He also owns an undeveloped lot on the east side of Summerplace, and wondered what charges he would have to pay for that lot besides the assessment and the impact fee. He asked about the actual water charges. 35 BOOK 1 F',1.3t 1) 41 APR 3 1990 BOOK A F4,E'16 Director Pinto explained that if he hooked up, he would have to pay the base minimal fee of $7.16 per month, and Commissioner Scurlock felt it would be wise for owners of undeveloped lots to pay their impact fees now since an increase is expected, but mostly because they would be reserving capacity in the plant and would be assured of water when they do develop. Mr. Green wished to point out that the State is responsible for 25 feet off the concrete at the entrances to their streets from AIA. He has been after them a number of times, but they say they do not fill holes and only put down sod. He felt that some of the tearing up at the entrances is because the State is not doing their job along there. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously adopted Resolution 90-42 confirming the special assessments in connection with a potable water distribution system located in Summerplace and Spring Place and providing for special assessment liens to be made of record; and authorized staff to obtain easements in Summerplace west and Spring Place after the completion of construction, as was done on the east side of Summerplace (east of AIA), as recommended by staff. ASSESSMENT ROLL IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 36 RESOLUTION NO. 90-42 A RESOLUTION OF INDIAN RIVER COUNTY CONFIRMING THE SPECIAL ASSESSMENTS IN CONNECTION WITH A POTABLE WATER DISTRIBUTION SYSTEM LOCATED IN SUMMERPLACE AND SPRING PLACE, AND PROVIDING FOR SPECIAL ASSESSMENT LIENS TO BE MADE OF RECORD. WHEREAS, the Board of County Commissioners of Indian River County has, by Resolution No. 90-34 adopted March 13, 1990, determined to make special assessments against eer.tain properties to be serviced by a potable water distribution system of the County located in Summerplace and Spring Place Subdivisions; and WHEREAS, said resolution described the manner in which said special assessments shall be made and how said special assessments are to be paid; WHEREAS, the resolution was published as required by §11-52, Indian River.County Code; WHEREAS, an assessment roll in connection with said special assessments has been prepared; and WHEREAS, the Board of County Commissioners of Indian River County passed Resolution No. 90-35 on March 13, 1990, which set a time and place for a public hearing at which the owners of the properties to be assessed and other interested persons would have the chance to be heard as to any and all complaints as to said project and said special assessments, and for the Board to act as required by §11-53, Indian River County Code; WHEREAS, notice of the time and place of the public hearing was published in the Press Journal Newspaper on Wednesday, March 14, 1990, and Wednesday, March 21, 1990 (twice one week apart and the last being at least one week prior to the hearing) as required by §11-52, Indian River County Code; 37 APR 3 19"T BOOK pd F. u 3` RESOLUTION NO. 90-42 APR 19-90 Boor — .79 PAfjE � WHEREAS, the land owners of record were malted notices on March 20, 1990(at least ten days prior to the hearing) as required by §11-52, Indian River County Code; and WHEREAS, the Board of County Commissioners of Indian River County on Tuesday Aeril 3, 1990, at 9:05 A.M. conducted 'the public hearing with regard to the special assessments; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The special assessments shown on the attached assessment roll are hereby confirmed and approved, and shall remain legal, valid, and binding first liens against the properties assessed until paid in full. 2. That the Clerk Is hereby directed to record the special. assessments and this resolution, which describes the properties assessed and the amounts of the special assessments, on th0 public records which shall constitute prima facie evidence of the validity of the special assessments. The resolution was moved for adoption by Commissioner Scurlock and 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 Ag ye Commissioner Don C. Scurlock, Jr. Y Commissioner Gary C. Wheeler Aye Commissioner Margaret C. Bowman Aye The -Chairman thereupon declared the resolution duly passed and adopted this 3rd day of April, 1990. BOARD OF COUNTY COMM 1 SS I ONERS INDIAN RIVER COUNTY, FLORIDA By J -! Attest faroraan egg Cha i ey E5 t bn - e- - Attachment: ASSESSMENT ROLL M612n River ce Aporoved Date ASSESSMENT ROLL IS ON FILE IN THE- -�„��� Adrnln. - OFFICE OF THE CLERK TO THE BOARD - -- — 3— � t)uJt1Nl 3- / Risk Mgr. 38 APPROVAL OF FY -90 EMERGENCY MANAGEMENT ASSISTANCE (EMA) AGREEMENT The Board reviewed the following memo dated 3/19/90: TO: James Chandler County Administrator THROUGH: Doug WrightbDirector Emergency Management Services FROM: John King, Deputy Director -3t Emergency Management Services DATE: March 19, 1990 SUBJECT: Approval of FY -90 Emergency Management Assistance (EMA) Agreement It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: The Indian River County Department of Emergency Management Services has received the attached FY -90 Emergency Management Assistance Agreement (EMA) from the Federal Emergency Management Agency through the Department of Community Affairs in the amount of $27,183.09. The Department of Emergency Management Services has participated in the EMA program for several years and according to the contract, these funds are matched by the County government. The funds are to be utilized to complete the Scope of Work contained in the agreement within the allowed time frames. Due to a delay at the Department of Community Affairs, we are receiving the proposed funding later than usual in terms of the fiscal year. Even though the delay has placed us near the end of the second quarter, we are still eligible to receive all proposed funding allowable within the agreement. ALTERNATIVES AND ANALYSIS: The allocation of funds is based on monitoring reports completed by the Department of Community Affairs. During the last program analysis and evaluation, the Department of Emergency Management Services received the maximum allowable score. Acceptance and approval of this agreement will allow this department to continue to improve and expand the current program. RECOMMENDATION: Staff recommends approval of the FY -90 Emergency Management Assistance Agreement and requests the Board of County Commissioners authorize the Chairperson to execute the appropriate documents to secure the funding of $27,183.09 as proposed. 39 APR 1990 BOOK. 9 rktuE 760 J APR 31990 BOOK ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously approved the FY -90 Emergency Management Assistance Agreement and authorized the Chairman to execute the appropriate documents to secure the funding of $27,183.09 as recommended by staff. COPY OF AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD IRC PUBLIC HEALTH UNIT CONSTRUCTION AGREEMENT The Board reviewed the following memo dated 3/27/90: DATE: MARCH 27, 1990 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRII: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: H.T. "SONNY" DEAN, DIRECTO DEPARTMENT OF GENERAL SERVICES SUBJECT: INDIAN RIVER COUNTY PUBLIC HEALTH UNIT CONSTRUCTION AGREEMENT BACKGROUND: On March 13, 1990, the Board awarded the bid for construction of the subject project to Miorelli Engineering, Inc. Mr. Miorelli has satisfied all County requirements as to a Performance and Payment Bond and Insurance. He has agreed to all terms and properly executed the agreement. ANALYSIS: A Notice to Proceed will be issued upon Board approval and proper execution of the contract. RECOMMENDATIONS• Based on the above staff recommends Board approval and authorization for their Chairperson to execute the Construction Agreement. 40 � s � MOTION WAS MADE by Commissioner Wheeler, SECONDED by Commissioner Scurlock, that the Board approve the construction agreement with Miorelli Engineering, Inc., as recommended by staff, and authorize the Chairman's signature. Under discussion, Commissioner Scurlock questioned if this is the one with the emergency generator, and General. Services Director Sonny Dean confirmed that was one of the alternates we chose. The Board already awarded the bid which included the emergency generator. Attorney Vitunac advised that the generator could be taken out today if the Board wished, and Commissioner Scurlock asked why we need the $27,000 generator. Chairman Eggert believed that it is backup for the two labs. Director Dean explained that the Health Dept. requested that an emergency generator be installed in the building so that it could be in operation at all times. Commissioner Scurlock understood that emergency generators sometimes can require extensive repairs if they are not used all the time, and Administrator Chandler advised that we have a maintenance inspection program. Commissioner Bird asked if the public health unit would be pressed into service during the time of a emergency, such as a hurricane, and would have the need of a backup generator in order to function as part of our emergency team, and Administrator Chandler believed it was quite likely. Commissioner Scurlock asked if we have an emergency generator for our command center in the Administration Building, and Director Dean confirmed that we do. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and passed unanimously. 41 APR 3 1990 APR 3 199a BOOK r� �'�..{�E1' Commissioner Bird noted that we have the standard clause in the construction agreement for a $500 penalty per day for going over the time limit, but he hoped we are going to be very, very strict about not granting any extensions, etc. Administrator Chandler advised that he had gotten the word out on that not only on this project, but on the other projects that are under construction. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD COUNTY FAIRGROUNDS - DONATION OF LIVESTOCK/AGRICULTURAL BUILDING The Board reviewed the following memo dated 3/28/90: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E., Public Works Director- \�J SUBJECT: Request by Indian River County Farm Bureau to Construct and Donate to the County a 31,850 S.F. Livestock/Agricultural Building to be located at the County Fairgrounds DATE:- March 28, 1990 DESCRIPTION AND CONDITIONS In early 1984, the Board of County Commissioners authorized construction of the present fairground facility located at Kiwanis Hobart Park. At this time, staff was instructed to clear, fill, and grass an approximately 40 acre area, with the future goal that structures and improvements on the land would be funded by revenue generated from the facility or by donation from civic groups. On May 24, 1984, the Public Works Dept. received site plan approval for the clearing and basic construction. The first County Fair located at the Hobart Park facility took place January 24 - 30, 1985. In March 1985, the Board of County Commissioners established an advisory committee titled the Indian River County Fair Association, Inc. This committee's mission was to consider future use of the fairgrounds and recommend a program of future improvements. During it's second meeting on April 2, 1985, the committee recommended that the Indian River County Firefighters investigate construction of a multi-purpose building on the site and to work with county staff regarding a location for this building. A preliminary multi-purpose building site was selected by staff, however, funding the building did not materialize and the committee expressed a desire to develop a master plan for the entire fairground complex. Commissioner Bird 42 contacted the University of Florida to see if a senior landscape architect student would develop a master plan as a senior project, however, this approach was later abandoned. On August 22, 1985, the committee was informed that the Indian River County Farm Bureau had funds to construct a building at the fairgrounds. To plan for this building, the Board entered into a consulting services agreement on January 6, 1987 with Mayes, Suddereth, and Etheredge, Inc. to develop a Fairgrounds Master Plan. On August 22, 1988, the Fairgrounds Committee approved with revisions, the Fairgrounds Master Plan, and in September 1988, the Board of County Commissioners approved the Master Plan. Included in the approved Master Plan was an area for a building to accommodate livestock/agricultural area. With the Master Plan now complete, the Farm Bureau would like to proceed with constructing a permanent metal open -sided 31,850 s.f. building to accommodate multi -use activities. A roofed, open -sided building with an earth/aggregate floor and bleachers seating 3,500 persons is proposed. Once constructed, the Farm Bureau would donate the building to the county, with the Farm Bureau, 4-H Club, and Steer Show having priority to use the facility for 10-15 events yearly. The Farm Bureau has approximately $60,000.00 to construct the building, however, the following items are being requested to be supplied by the county: In -Rind Cost by County Road & Bridge Div. 1) Clearing and grubbing of the site (approx. 5 acres north of the existing cleared portion of the Fairground site) _ $ 25,000 2) Fill/Grading/Grassing Direct Costs Requiring Appropriation of Funds Fill 50,000 sf x 3' = 5,500 cy @$4/cy 22,000 27 cf/cy Grading 24,000 sy @ $.50 12,000 Grassing 20,000 sy @ $.50 = 10,000.00 Subgrade Preparation 2000 sy @ $1.50/sy = 2,500 2,000.00 Traffic Impact Fee 13,154.05 Building Permit Fee 354.75 Tree Removal/Land Clearing/ Site Plan Fee = 730.00 SJRWMD Permit Fee = 250.00 Connection to existing Well = 2,000.00 Access Road Construction = 4,500.00 Solid Waste Disposal Fee - 0. Landfill Fees - 3,000.00 FPL Electric Service = 300.00 Estimated Cost $ 61,500 $ 36,288.80 BOOK� fi�4 APR 3 1990 43 � � J BOOK 9 F'nE 771 1 APR 3 1990 In addition to funding the above items, the Farm Bureau must provide evidence to the County Community Development Department that it has the County's authorization to obtain site plan approval and a building permit on the County Fairgrounds property. The attached License Agreement has been drafted to provide this authorization. The County Risk Manager has reviewed this request and comments are attached. In addition, the Budget Director has prepared the attached Budget Amendment to provide for funding from General Fund Contingency. ALTERNATIVES AND ANALYSIS The alternatives are as follows: Alternative No. 1 1. The Board grant conceptual approval of the proposal by the Farm Bureau. 2. Authorize staff to proceed with finalizing the attached License Agreement which would be submitted to the Farm Bureau for execution. At this time, authorize the Farm Bureau to proceed with Site Plan Approval in April, 1990. 3. Approve the attached Budget Amendment and approve funding in the amount of $36,288.80 4. Authorize the County Road and Bridge Division to perform the In -Kind Services totaling $61,500. Approval of the above alternative will result in construction of the first permanent building at the County Fairgrounds as shown on the approved Master Plan, at minimal cost to the County. Alternative No. 2 Deny the request and in the future, fund the total construction program costs of $157,788.80 from County funds. RECOMMENDATIONS AND FUNDING Staff recommends approval of Alternative No. 1. Funding to be provided from General Fund Contingency in the amount of $36,288.80. Commissioner Bird wished to clarify the amount that the Farm Bureau has on hand for construction of the building. The last sentence on the first page of the above staff recommendation states that the Farm Bureau has approximately $60,000 to construct the building, but that is incorrect. They have $125,000 on hand to build the initial shell of the building, and by the time they get to the other improvements such as lighting, they probably will have close to $200,000 invested in that building. It is a sizable and generous contribution on behalf of the Farm Bureau and the agricultural community, and he wished to introduce 44 Joe Tillman, president of the Farm Bureau, who will be presenting the plans for the proposed building. Commissioner Scurlock asked why we don't look at this in the budget for the next fiscal year, and Administrator Chandler explained that when they first looked at this 6 months or so ago, they weren't sure that they would have it ready by then, but they are trying to get this ready for next year's fair. Mr. Tillman presented an artist's rendering of the proposed building, and explained that the photographs surrounding the rendering are of an identical agricultural building in Wachula, Florida. The building is designated to start out at 175 feet in length, and it will be constructed in such a fashion that we can add to the length of the building in the future to accommodate rodeos, etc. The dirt floor arena is 110 feet wide with 37 -ft. wide wings on both sides of the bleacher areas. The site plan drawn up by Carter & Associates has been presented to staff and everyone seems to approve of it. They have the money and they are ready to proceed to build the building, but need the Board to approve the County's assistance expenditures listed on the second page of the above memo. They do intend to give the building to the County, but there would be times when the agricultural community would want to use the building for horse shows and various other agriculturally related events. They have a copy of the license agreement and they will turn it over to their attorney for his review. Administrator Chandler noted that at this point in time they are just asking for conceptual approval from the Commission so that we can go ahead and move it through Planning S Zoning. The license agreement will come back to the Commission for formal approval. Commissioner Bird felt that the actual approval of Item 4 under Alternative #1 could be delayed until we get the licence agreement in place. {gyp (/��R py {..;.q l.'VU14 i Pica 1 � 45 APR 3 1990 APR 31990 7 BOOK If FADE /73 Administrator Chandler explained that staff wanted the Board to be aware that during the course of a year, the 4-H Club and other groups in the county want to use it for their purposes for approximately 10-15 days per year, and in view of the fact that they are donating the building to us, they are asking that we not require them to carry the insurance on that. They are requesting the County to pick up the insurance costs which probably will average $1,000 a year, but could be as much as $2,000 a year. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bird, the Board unanimously approved Alternative #1 as set out in the above staff recommendation, subject to approval of the licence agreement. Director Davis advised that OMB Director Joe Baird will be bringing a budget amendment to the Board for approval. LICENSE AGREEMENT WILL BE PLACED ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN FULLY EXECUTED AND RECEIVED REQUEST TO BARRICADE 16TH STREET PARKING LOT FOR BIKE-A-THON The Board reviewed the following memo dated 3/28/90: ----------------------------------------------------------------- TO: James Chandler County Administrator FROM: James W. Davis, P.E. Er Public Works Director✓'�L SUBJECT: Request from St. Jude Children's Research Hospital to Barricade 16th Street Parking Lot for Bike -A -Thou on April 14, 1990 REFERENCE LETTER: Ann Nanni, Co-ordinator, to Jim Davis dated 3/22/90 DATE: March 28, 1990 ---------------------------------------------------------------- DESCRIPTION AND CONDITIONS Ann Nanni, co-ordinator for the April 14, 1990 Bike -A -Thou to raise funds for St. Jude Children's Research Hospital, is 46 requesting permission to use County Traffic Engineering barricades to close the 16th Street parking lot adjacent to Vero Beach High School, between 9:00 AM to 3:00 P.M. A rain day has been set for April 28, 1990. ALTERNATIVES AND ANALYSIS Staff has considered this request and has no objections. RECOMMENDATION & FUNDING Staff recommends approval. No funding is applicable. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bird, the Board unanimously approved St. Jude Children's Research Hospital's request to use Indian River County traffic barricades to barricade the 16th Street parking lot adjacent to Vero Beach High School, between 9:00 A.M. to 3:00 P.M. on April 14, 1990 for a fundraising Bike-A-Thon. DEVELOPER'S AGREEMENT - OLD SUGAR MILL ESTATES - UNIT 7 The Board reviewed the following memo dated 3/22/90: DATE: MARCH 22, 1990 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILI Y VICES STAFFED AND PREPARED BY: JOHN FREDERICK LANG ENVIRONMENTAL SPECIALIST DEPARTMENT OF UTILITY SERVICES SUBJECT: DEVELOPER'S AGREEMENT OLD SUGAR MILL ESTATES - UNIT 7 IRC PROJECT NO. CDS-343 BACKGROUND: A developer, Sexton Properties of Vero Beach, Inc., has oversized water mains on 12th Lane and 43rd Avenue, across the frontage of the subject development, at the County's request. ANALYSIS: The project requires 1762' of 6" water main on 12th Lane, and 305' of 6" water main on 43rd Avenue. The County requires an 8" water line on 12th Lane and a 12" water line on 43rd Avenue, to correspond with Master Plan sizing. The Department intends to compensate 47 Boor. �� F,L 1 i APR 3 1990 I APR 31990 BOOK F6� WAGE Sexton Properties of Vero Beach, Inc., for oversizing the mains constructed, as per the standard amount of $2.00 per inch of oversizing per foot of line installed, which is calculated as follows: 12th St.: ($2.00 per inch of oversizing) (2" of oversizing) (1,762' of line) _ $ 71048.00 43rd Ave.: ($2.00 per inch of oversizing ) (6" of oversizing) (305' of line) = 3,660.00 Total for Oversizing: $10,708.00 The County shall provide an 8" x 12" cross fitting, an 8" x 6" reducer fitting, 3 plugs, and a 12" butterfly valve to enhance future connections at the intersection of 12th Street and 43rd Avenue. Sexton Properties of Vero Beach, Inc., shall be reimbursed with 50 percent of all impact fees paid for the subject property, and any additional connections to these mains, not to exceed the total allowed reimbursement of $10,708.00. RECOMMENDATION: The Department of Utility Services recommends that the Board of County Commissioners execute the attached Developer's Agreement with Sexton Properties of Vero Beach, Inc. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously approved the Developer's Agreement with Sexton Properties of Vero Beach, Inc., as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WAGE RATES - WATER AND WASTEWATER PLANT OPERATORS DATE: The Board reviewed the following memo dated 3/23/90: MARCH 23, 1990 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR `THRU: TERRANCE G. PINTO I DIRECTOR OF UTILI J SERVICES PREPARED AND STAFFED HARRY E. ASHER BY: ASSISTANT DIRECTR OF UTILITY SERVICES SUBJECT: WAGE RATES - WATER AND WASTEWATER PLANT OPERATORS BACKGROUND: The Department of Utility Services is currently severely understaffed in the area of water and wastewater plant operators. 48 s= As you are aware, our competition for qualified operators is with the City of Vero Beach, Ft. Pierce, and General Development Utilities. We have advertised consistently through the Personnel Department and have diligently interviewed all applicants. Due to the lack of available operators and the current starting wage scale for water/wastewater plant operators, the Department has been unable to attract/hire the number of operators needed to adequately and safely staff our current facilities. The Department currently has 8 operators (of which 1 is a trainee) that are performing the duties of at least 15 operators. This is being achieved through the maximum use of overtime by operators and supervisors, and operating with 1 man to a shift. With the expansion of the South County RO facility by an additional 3 mgd, expansion of the North Beach RO Plant, and the planned North County RO facility, the Department must be able to attract top quality operators to adequately staff these facilities. Certain maintenance jobs are on hold at the plants until an adequate number of operators are available to safely complete the required tasks. Various maintenance tasks require two operators to be present in case of an accident. Under present conditions, each operator is working six days a week to cover the system demand. The same conditions exist with the wastewater facilities. ANALYSIS: The Department has reviewed the comparable pay scales between Indian River County, Vero Beach, Ft. Pierce and GDU, and this analysis is attached. Indian River County starting rates for water and wastewater plant operators are 17 to 21 percent lower than starting rates for the City of Vero Beach. RECOMMENDATION: The Department requests approval of the following pay scale in order to compete with the surrounding entities and enable the staffing of our facilities with qualified skilled operators: Water Plant Operators Class A $11.03 - $14.31 Class B 10.19 - 13.75 Class C 9.25 - 12:49 Shift Differential 5% Wastewater Plant Operators Class A $11.03 - $14.31 Class B 10.19 - 13.75 Class C 9.25 - 12.49 Lift Station Mechanics $ 8.00 - $10.80 Overtime pay for Water Plant Supervisor and Wastewater Plant Supervisor for time in excess of ten (10) hours overtime per week. 49 BOOK 7; C? APR 31990 BOOK ON MOTION by Commissioner Scurlock, SECONDED by 19 f,l E'7 ( i7 Commissioner Wheeler, the Board unanimously approved the pay scale for water and wastewater plant operators as set out in the above staff recommendation. UTILITIES RATE CONSULTANT AGREEMENT The Board reviewed the following memo dated 3/27/90: DATE: MARCH 27, 1990 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PI DIRECTOR OF UTILIT SERVICES STAFFED AND PREPARED BY: HARRY E. ASHERI&a ASSISTANT DIRE TOR OF UTILITY SERVICES SUBJECT: UTILITIES RATE CONSULTANT AGREEMENT BACKGROUND: The Department of Utility Services requested proposals on August 28, 1989, under Proposal No. 89-P10, and initiated the process of selection for a rate study consultant. The ordinances to be reviewed are 84-18, 85-3 and 87-42. The rate selection committee interviewed interested firms and ranked them as follows in interviews after the proposal review September 27, 1989: 1) CH2M Hill 2) Gee & Jensen 3) Ernst & Young ANALYSIS• On January 2, 1990, the Board of County Commissioners approved the Department's implementation of the Utilities rate review and authorized the Department to conduct negotiations as to Scope of Work and cost and proceed with an agreement with the first -ranked firm of CH2M Hill. The Department has negotiated the attached Agreement to Furnish Economic and Financial Consulting Services to Indian River County with CH2M Hill. The projected cost for the services as set forth in the Scope of Work will be $74,954.00, plus $1,189.00 for optional workshops. The funds for these services will be paid from Account No. 471-218-536-033.19 and Account No. 471-219-536-033.19. 50 RECOMMENDATION: The Staff of the Department of utility Services recommends that the Board of County Commissioners .approve the attached Agreement to Furnish Economic and Financial Consulting Services to Indian River County, and authorize execution of the Agreement. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved the Agreement with CH2M Hill Southeast, Inc. to Furnish Economic and Financial Consulting Services to Indian River County, as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD SCHEDULING OF A PUBLIC HEARING FOR CONSIDERATION OF COUNTY TO RENOUNCE AND DISCLAIM ANY RIGHT OF THE COUNTY AND THE PUBLIC IN AND TO A "PUBLIC STREET" IN SUN ACRES SUBDIVISION The Board reviewed the following memo dated 3/26/90: TO: The Board of County Commissioners FROM; tJ�*illiam G. Collins II - Assistant County Attorney DATE: March 26, 1990 SUBJECT: Request to Set Public Hearing For approximately a year, the County staff has been working with David Albrecht, Esq. who represents Mr. Hudgins, the owner of a lot in Sun Acres Subdivision, in an attempt to clear up questions of title and the buildability of Mr. Hudgins' lot. There is currently a cloud on Mr. Hudgins' title because property which is being used as his driveway and for access to lith Place is shown in various public records as a public road. This has come about because the original developer of the Sun Acres Subdivision, Frank Zorc, quit -claimed the road to "the public" in 1965. A deed to "the public" is ineffective to pass title because there is no person capable of accepting the grant. (For example, a quit -claim to the Board of County Commissioners of Indian River County would have been adequate.) The situation was further clouded when a replat of the Sun Acres Subdivision attempted to dedicate the same property as a private road. The problem is the 51 `m" APR 3 1990 Boos f APR 3 1990coos; !! F�1. t road was not within the boundaries of the plat and dedication of property outside the boundaries of the plat cannot be accomplished by means of a plat. The County has never accepted the "road" in question. The end result of these prior actions is that it has been very difficult for Mr., Hudgins to establish his rights to use the "road" for access to his lot as •a driveway. It is desirable for Mr. Hudgins to use this land as his driveway as his only alternative access would be to culvert over a large ditch and access onto 12th Street, a road of higher functional classification than 11th Place. RECOMMENDATION The County Commissioners are authorized to, by motion, adopt a resolution declaring a definite time and place for a public hearing to be held to consider the advisability of renouncing and disclaiming any right of the County and the public in and to any land shown as an existing public or private street, alleyway, road or highway or other place used for travel. Such a public hearing must be advertised at least two weeks prior to the date stated for the hearing. I recommend that the cleanest way to clear the cloud off Mr. Hudgins' title is to schedule a public hearing for the purpose of renouncing and disclaiming any right of the County and the public in and to the "road" by a public hearing on May 1, 1990. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously adopted Resolution 90-43, setting 9:00 o'clock A.M., Tuesday, May 1, 1990 for a Public Hearing to consider the advisability of renouncing and disclaiming any right of the County and the public in and to the land described and mapped as a "public Street" in Sun Acres Subdivision. 52 RESOLUTION NO. 90- 43 A- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, SETTING A DEFINITE TIME AND PLACE FOR A PUBLIC HEARING TO CONSIDER THE ADVISABILITY OF RENOUNCING AND DISCLAIMING ANY RIGHT OF THE COUNTY AND THE PUBLIC IN AND TO THE LAND DESCRIBED AND MAPPED AS A "PUBLIC STREET", PURSUANT TO THE AUTHORITY OF FLORIDA STATUTE 336.09(1)(c). WHEREAS, the Board of County Commissioners of Indian River County have been petitioned by David Albrecht, Esq. on behalf of Mr. and Mrs. Lee H. Hudgins to renounce and disclaim any right of Indian River County and the public In and to the following described property: The West 35 feet of the following described property: Commencing at the Southwest corner of Lot 7 of Sun Acres Subdivision as shown on a plat thereof filed in the office of the Clerk of the Circuit Court of Indian River County, Florida, in Plat Book 5, page 54, thence run West 25 feet; thence run South 8 feet for the point of beginning; from said point of beginning run West 245 feet; thence run North 230 feet, more or less, to the South boundary of canal right-of-way; thence run East 245 feet; thence run South.230 feet, more or less, to the point of beginning, as shown in Official Record Book 101, page 387, public records of Indian River County, Florida, being part of Tract 10, less the East 15 feet of the South 120 feet, Township 33 South, Range 39 East. and WHEREAS, having considered the matter and advice of staff, the Board finds it appropriate to schedule a public hearing at a definite time and place to consider the advisability of exercising the authority granted under Florida Statute 336.09(1)(c) to renounce and disclaim any right of the County and the public in and to the land described above. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1 BOOK �! F Ion APR 3 1990 53 APR 31990 BOOK A PPE 781 RESOLUTION NO. 90 -A3 - 1.t A public hearing for the purpose of renouncing and disclaiming any right of the County and the public to "the above-described land is hereby set for May 1, 1990 at 9:05 a.m. in the Commission Chambers of the Board of County Commissioners of Indian River County, Florida, 1840 25th Street, Vero Beach, Florida 32960. 2. Notice of said public 'hearing shall be published at least one time in a newspaper of general circulation in this County at least two weeks prior to May 1, 1990. The following 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 this 3rd day of April 1990. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS ATTEST: i By Barton, .r 5-4 By Carolyn €ggert, airman APPROVED AS TO FORM AND LEGAL SUFFICIENCY I BY �. �L�1 L WILLIAM G. COLLINS II ASST. COUNTY ATTORNEY L COMMISSIONER BIRD'S REPORT ON PRESENTATION OF NATIONAL AWARD TO TREASURE COAST PRIVATE INDUSTRY COUNCIL Commissioner Bird reported on his recent trip to Washington, D.C. as a representative of the County Commissioners and guest of the Treasure Coast Private Industry Council to attend presentation ceremonies at which the TCPIC received the very prestigious award of being named the outstanding private industry council in the United States. They attended two receptions, one of which was held in the Russell Senate Building and attended by Senators Graham, Mack Symon and Hatch, along with Congressman Lewis, Secretary Dole and several other dignitaries. The awards were presented the following day at the Department of Labor Building by Secretary Elizabeth Dole, assisted by Senators Symon and Hatch. Commissioner Bird felt it was quite an honor for this 3 -county area and one we should be proud of. He appreciated the opportunity to represent this Commission at the award ceremonies. COMMISSIONER SCURLOCK'S REPORT ON NACo CONFERENCE Commissioner Scurlock reported that during the recent NACo Conference in Washington, D.C., the news seemed to be diminished dollars coming in from the federal government, but perhaps a stabilization as far as mandates are concerned. The following items are a few of the matters discussed at the conference: 1) A uniform approach to tax sales from catalog companies throughout the U.S., as there is a disparity between various states and what sales tax they charge. 2) With regard to arbitrage, there seems to be an effort to extend the period for the use of funds during construction from 24 months to 36 months. 3) Consideration of expanding the amount that local banks can participate with county government from $10 million to $25 Boo l ' F'� a �8 55 APR 31990 J Fr -APR 31990 BOOK million, which probably would put some smaller counties in the ballpark and benefit our county. 4) Consideration of establishing a $5,000 a year savings account program that would be non-taxable as to principal but the interest would have to remain in there for at least 7 years. This is an effort to encourage savings and to replace the IRAs. He didn't feel this is something that would affect the municipal bond market, however. 5) A case is presently being heard by the Supreme Court on whether or not state and county government can be sued in federal court. Attorney Vitunac will keep us advised as the case proceeds. RESOLUTION IN SUPPORT OF FLORIDA DRUG FREE LEGISLATION Commissioner Wheeler reviewed a bulletin released from the Governor's Office dated 2/7/90 entitled Governor Calls for Death Penalty for Drug Kingpins, Proposes Additional $120 -Million Drug Fighting Budget Commissioner Wheeler requested that the Board adopt a Resolution in support of the Governor's proposed measures to fight the war against drugs. Chairman Eggert understood that Commissioner Wheeler's Resolution will include the items shown on backup pages 165-167 . Commissioner Scurlock was all for it but wondered where the funds would come from if no new taxes are imposed. It's like waving the flag; it all sounds good until you have to pay for it. Commissioner Wheeler stated that he is simply asking that the Board adopt a Resolution in support of the Governor's position. 56 I- J ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bird, the Board adopted Resolution 90-44, to the Governor and Legislature of the State of Florida, supporting the Governor's call for a major expansion of Florida's war against drugs. RESOLUTION NO. 90-44 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS, TO THE GOVERNOR AND LEGISLATURE OF THE STATE OF FLORIDA, SUPPORTING THE GOVERNOR'S CALL FOR A MAJOR EXPANSION OF FLORIDA'S WAR AGAINST DRUGS. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the Board respectfully requests the Governor and Legislature of the State of Florida to go forward with their proposed expansion of Florida's war against drugs, including: 1. Appropriating $120 million in new spending, 2. Enacting tough new laws to impose the death penalty for drug kingpins, 3. Expanding the state's existing drug-free school zone programs, 4. Utilizing the drug abuse resistance education (DARE) program, S. Providing a drug-free work place through mandatory drug resting and other means, and 6. Increasing penalties and fines associated with improper use of alcoholic beverages and alcoholic related accidents. BE IT FURTHER RESOLVED that the Board respectfully requests that a balanced program of enforcement, prevention, and treatment be established to cover the full range of substance abuse issues, and BE IT FURTHER RESOLVED that the Board supports the work of the State Crime Prevention and Law Enforcement Study Commission as well as the Governor's Drug Po.licy Task Force. BOOK F'Gc 7 APR 3 1900 57 L APR 3 1990 BOOK .79 PGE 785 This resolution was moved for adoption by Commissioner Wheeler, and the motion was seconded by Commissioner Bird, and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice Chairman Richard N. Bird Aye Commissioner Don C. Scurlock Aye Commissioner Margaret C. Bowman Aye Commissioner Gary C. Wheeler Aye The Chairman thereupon declared the resolution duly passed and adopted this 3rd day of April, 1990. ATTEST: BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By �-4 �° ►�Xt�-4 Ca ro iy K.agger AJ -Cha i rman . APPROVED AS TO FORM *ip F+S!ENCY: itunac County Attorney There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 11:10 o'clock A.M. ATTEST: ! � 2 �,/ - ", 4 / rl,, (, Clerk Chair 58