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HomeMy WebLinkAbout7/3/1990BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA A G E N D A REGULAR MEETING JULY 3, 1990 9:00 A.M. - COUNTY COMMISSION CHAMBER COUNTY 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 1. CALL TO ORDER 2. INVOCATION --Pastor Buddy Tipton Central Assembly of God 3. 4. 5. A. PLEDGE OF ALLEGIANCE - Commissioner Don C. Scurlock, Jr. B. Presentation of Third Quarter Safety Award (Memorandum dated 6/20/90) ADDITIONS TO THE AGENDA/EMERGENCY ITEMS 1. Latest changes to the proposed Manatee Protection and Safe ,Boating Act 2. Announcement of 4th of July activities. APPROVAL OF MINUTES None 6. CONSENT AGENDA JUL 31990 A. IRC Bid 90-86, Design & Construct a Metal Warehouse (Memorandum dated 6/25/90) B. Playground Equipment, Sole Source (Memorandum dated 6/25/90) C. Computer Equipment, Building Division, Direct Purchase (Memorandum dated 6/25190) D. Release County Utility Liens (Memorandum dated'6/27/90) E. Library Electronic Alarm System (Memorandum dated 6/20190) F. Final Plat Approval for Ocean Oaks Subdivision (Memorandum dated 6/21/90) G. Michael Mann's Request for Site Plan Extension (Memorandum dated 6/23/90) BOOK � JUL , 31990 BOOK So FACEQ ' 7. CLERK TO THE BOARD None 9:05 AM 8. A. PUBLIC DISCUSSION ITEMS Proposed Children's Services Council for IRC (Letter dated 6/18/90) B. PUBLIC HEARINGS None 9. COUNTY ADMINISTRATOR'S MATTERS None 10. DEPARTMENTAL MATTERS A. COMMUNITY DEVELOPMENT None B. EMERGENCY MANAGEMENT None C. GENERAL SERVICES None D. LEISURE SERVICES Sandridge Golf Club, Phase II Budget Amendment 065 (Memorandum dated 6/26/90) E. OFFICE OF MANAGEMENT AND BUDGET None F. PERSONNEL None G. PUBLIC WORKS Change Order #2 Revised - Misc. Intersections, Phase 3-A Roadwork Dennis L. Smith, Inc. (Memorandum dated 6/26/90) H. UTILITIES 1) Agreement between IRC & Heron Cay Corp. for Payment -of Impact Fees & Transfer of Ownership of Utility Facilities to IRC (Memorandum dated 6/25/90) 2) Change Order #1 with Utility Systems of America and a Developer's Agreement with Dr. Henry,Fischer (Developer of Sandlake Subdivision) (Memorandum dated 6/21/90) 11. COUNTY ATTORNEY None W W W 12. COMMISSIONERS ITEMS A. CHAIRMAN CAROLYN K. EGGERT B. VICE CHAIRMAN RICHARD N. BIRD License Agreement for Canoe Rental Concession at Dale Wimbrow Park (Memorandum dated 6/27/90) C. COMMISSIONER MARGARET C. BOWMAN D. COMMISSIONER DON C. SCURLOCK, JR. E. COMMISSIONER GARY C. WHEELER 13. SPECIAL DISTRICTS NONE 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. JUL 3 1990 BOOK � Fr�U 519Li Tuesday, July 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, July 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; William G. Collins, II., Assistant County Attorney; and Barbara Bonnah, Deputy Clerk. The Chairman called the meeting to order. Pastor Buddy Tipton of Central Assembly of God gave the invocation, and Commissioner Scurlock led the Pledge of Allegiance to the Flag. PRESENTATION OF THIRD QUARTER SAFETY AWARD The Board reviewed the following memo dated 6/20/90: TO: James E. Chandler, County Administrator THRU: Jack Price, Personnel Director FROM: Beth Jordan, Risk Manager��✓ DATE: June 20, 1990 SUBJECT: Third Quarter Safety Award We request your consideration for inclusion on the Board's July 3, 1990, meeting agenda the presentation of the Third Quarter Safety. Award. BOOK 60 Fd JE bijul L- JUL 31990 JUL 31990 BOOK 80 Background Each quarter, the Risk Management Division receives award recommendations from the Safety Committee. The nominees, as individuals or as work groups, have demonstrated their commitment to on-the-job safety and health through their outstanding performance. Analysis Staff received the Third Quarter Safety Award nominations and selected Traffic Engineering Division's Sign and Pavement Marking Section. The attached memoranda from Michael Dudeck, Traffic Engineer, and John Butler, Jr., Traffic Operations Foreman, detail their meritorious efforts. In addition, the Section has had no vehicle accidents or on-the-job injuries in over one year: Recommendation Staff recommends the Third Quarter Safety Award be presented to Public Works Department's Traffic Engineering Sign and Pavement Marking Section. James E. Chandler �..� Date County Administrator Chairman Eggert presented the Third Quarter Safety Award to Michael Dudeck, Traffic Engineer, who accepted the award on behalf of the following employees of the Traffic Engineering Sign and Pavement Marking Section: John D. Butler, Jr., Traffic Operations Foreman Brian Battis, Marking Technician William M. Webb, Marking Technician Robert F. McAree, Traffic Inspector Bernard Stecher, Maintenance Worker James J. Croft, Maintenance Worker Kenneth E. Jordan, Maintenance Worker Jeftrey S. Susdorf, Maintenance Worker Raymond C. Lehman, Maintenance Worker Chairman Eggert commended these gentlemen for their efficient and safe handling of all emergency and non -emergency road closings and detours, and pointed out that these men work with potential hazardous machines which reach temperatures of approximately 5000 and work in roadways and complex intersections with heavy traffic volumes, and have had no lost time accidents for in excess of one year, which is truly amazing. She expressed the Board's appreciation of their work. 2 ADDITIONS TO THE_AGENDA/EMERGENCY_ ITEMS Chairman Eggert requested the addition to today's Agenda of a report on the latest changes to the proposed manatee protection rule for the St. Sebastian River. Commissioner Bird requested the addition of a brief announcement on tomorrow's July 4th activit.ies. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously added the above items to today's Agenda. CONSENT AGENDA Commissioner Bowman requested that Item F be removed from the Consent Agenda for discussion. Commissioner Scurlock noted that a couple of items on the Consent Agenda are in the nature of "sole source" or an extension of an existing price off of another contract, and he has noticed this occurring in the last 2 or 3 meetings. He was sure it was occurring for efficiency purposes and that we are looking closely at these items to make sure that they are cost effective. He just didn't want us to get lazy, because that is a convenient and easy way to do business, and he isn't suggesting we are, but when he sees that number starting to happen, he just hoped that we are continually looking to see that it is the best price we can get out there. Administrator Chandler assured the Board that every effort is made toward that end through our purchasing policies. L 3 19903 EQGK fl 9. JUL 31990 BOOK A. IRC Bid 90-86, Design 6 Construct a Metal Warehouse The Board reviewed the following memo dated 6/25/90: DATE: June 25, 1990' TO: BOARD OF COUNTY CXIVIVUSSIONERS THRU: James E. Chandler, County. trator H.T. "Sonny" Dean, Director. Department of General Servi s FROM: Dominick L. Mascola, CPO Manager Division of Purchasing SUBJ: IRC BID#90-86/DMGN & CONSTRUCT A MML 1nFiRF OUSE BACKGROUND: ' On request frau the Utility Department the bid for Design & Construct A Metal Warehouse was properly advertised and Fourteen (14) Invitations to bid were sent out. On June 13, 1990 bids were received. Eight (8) vendors submitted proposals for the ccammodity. ANALYSIS: Staff has reviewed the submittal to ascertain adherence to specifications. Hunley-Hubbard was the low bidder that net all requirements. 1x61:104uef Monies for this project will come from Budget Utility Water Funds Other Buildings. Funds available $70,000.00. Staff recommends the Award of a Fixed Contract for $41,480.00 to the low bidder, Hunley-Hubbard for the subject project. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Scurlock, the Board unanimously awarded IRC Bid #90-86, a fixed contract in the amount of $41,480, to the low bidder, Hunley-Hubbard for the subject project, as recommended by staff. 4 BOARD OF COUIM CoalMMS1oAMW Date.7A4/90 184025MS&*KYaoBmoLPiori==W PURCHASING DEPT. BID TABULATION. T-4 IMM ur.mo Submitted By Dom'vridc L Mtiscola' �,. 2j' •ya,-. �..... r.r.w� a.w.. PURCHASING MANAGER Bid N0. 90-86 Date Of Opening 6/33/90 Reemnmmided Award BORIC $Bid Idle Delp d Coos�t a &tal•Vatehausa Hanlereftard 41,480.00 - I. &mle9-Rditme Construction, Inc $41,480.00 5. laird ConstructianE Duraloment Carp 554,500.00 P.O. Bar 6388 _ 731 10th Ct s Vera Beach, P1 32962 Vera Beach, E1 32961 2. B a 8 8uildin 542,470.00 , 6. builders of 7B, lac 554.776.00 P.O. Bar 368 P.O. Bar 6502.36 ' Pt Pierce, Fl 34954 veno Beach, Fl 32965 ' 3. Crick Faaa - 545,331.00 7. Barth Causurtctian ' $56,000.00 Y.O. Bas 3507 Pierce F1 34948 " 1717 Indian River Blvd, Ste 202 Vero Beach, n 32960 4. Britt Britt Constructors, Inc 547,702.00 8. Squirts Consnvetian, Inc $57,400.00 • 3669 SE Salem Rd • r � t 205 S.V. voltaic 7eaax Stsract, Fl 34997 Pt St mete, Fl -34W 1 B. Playground Equipment Purchase - Sole Source The Board reviewed the following memo dated 6/25/90: DATE: JUNE 25, 1990 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: H.T. "SONNY" DEAN, DIRECTOR DEPARTMENT OF GENERAL SERVICES SUBJECT: PLAYGROUND EQUIPMENT - SOLE SOURCE BACKGROUND: Pat Callahan, Director of Recreation has issued a Purchase Requisition for the purchase of $11,956.57 worth of playground equipment for the Kiwanis/Hobart Park project. She has requested a "Sole Source" purchase from Miracle Recreation Equipment out of Maitland, Florida. According to our present purchasing guidelines, this equipment would have to be competitively bid. Pat has stated the following reasons for direct purchase of this equipment: 1. Miracle is the only company that produces the Space Ship Columbia, Rodeo Rocky, Lion, Frog, the Perma Lok 8' swing set with chairs and two ponies, and CYCLONE SLIDE OF ROCKLITE. 2. Miracle is the only.company that produces the items in colors and design that match the already existing equipment. 3. One item that could be substituted is the swing with six seats. However, the County would be remiss to mix -n -match playground vendors from a liability viewpoint for one piece of equipment.• The same swing from Game Time is the same cost. JUL 3 1990 5 FOR soil Fh I rayUL 31990 BOOK� 1 4. We are also receiving a discount of 6% from Miracle Recreation. 5. The Miracle Recreation representative lives in Indian River County and gives immediate service. He inspects all the City and County Playgrounds every two months and reports any equipment that needs attention. FUNDING: There is $15,000.00 in the P.ark.s Divis-. Budget to purchase this equipment. RECOMMENDATIONS: Based on the above, staff is requesting Board approval to purchase the attached list of playground equipment from Miracle Recreation Equipment. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Scurlock, the Board unanimously approved the purchase of playground equipment from Miracle Recreation Equipment, as set out in the above staff recommendation. C. Direct Purchase of Computer Equipment - Building Dept. The Board reviewed the following memo dated 6/25/90: DATE: JUNE 25, 1990 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: H.T. "SONNY" DEAN, DIRECTOR DEPARTMENT OF GENERAL SERVI S SUBJECT: COMPUTER EQUIPMENT - BUILDING DIVISION DIRECT PURCHASE BACKGROUND: On June 12, 1990, the Board of County Commissioners approved a budget amendment of $36,900 for purchase of computer equipment for the Building Division. This new equipment is to network with other computers in the Community Development Department on the Novell System. In February, the Planning Division went out for bids for similar computer equipment. Computer and Peripheral Warehouse was the low bidder and supplied higher than specified equipment. 6 ANALYSIS: Computer and Peripheral Warehouse has offered to honor their price offered on the February bid for the additional equipment. The following proposed equipment purchase is of the same specifications in February's bid: Eleven Computer Workstations 80386 SX 16 BIT/20Mhz 1 Meg RAM 1.2 Meg Floppy EGA Monitor (1411) Math Coprocessor RECOMMENDATIONS• Based on the above information staff recommends the direct purchase of the proposed equipment at a total price of $17,435.00. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Scurlock, the Board unanimously approved the direct purchase of the proposed computer equipment at a total price of $17,435, as set out in the above staff recommendation. D. Release of County Utility Liens The Board reviewed the following memo dated 6/27/90: TO: Board of County Commissioners FROM: Sandy Bartolucci - County Attorney's Office DATE: June 27, 1990 SUBJECT: CONSENT AGENDA - BCC MEETING 7/3/90 RELEASE COUNTY UTILITY LIENS 1 have prepared the following routine lien -related documents and request the Board authorize the Chairman to execute them: Release of Special Assessment Lien for ROCKRIDGE SEWER PROJECT as follows: 1. Tax I.D. #01-33-39-00002-0007-00002.0 in the name of ROY 8 DOREEN MESURE 2. Tax I.D. #01-33-39-00027-0020-00005.8 in the name of G. R. 6 JOANN NELSON, JR. 3. Tax I.D. #12-33-39-00002-0005-00016.0 In the name of NANCY E. HASS BURROUGHS 7 BOOK �' a I s' UL 3 1990 F,,�r. ►J U L 3 1990 BOCK 60 PgGE MISCELLANEOUS 1. Partial Release of Assessment Lien State Road 60 Water in the name of KINGSWOOD WEST INC. for Lot 41 - Phase 2 8 3 2. Satisfaction/Payment of Existing Impact Fees In the name of ALBERT & DAWN MILL, If Back-up Information for the above documents is on file In the County Attorney's.Office,. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Scurlock, the Board unanimously approved the release of the above -listed, lien -related documents, as recommended by staff. COPIES OF LIENS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE E. Library Electronic Alarm System The Board reviewed the following memo dated 6/20/90: DATE: JUNE 20, 1990 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: H.T. "SONNY" DEAN, DIRECTOR DEPARTMENT OF GENERAL SERVIC SUBJECT: LIBRARY ELECTRONIC ALARM SYSTEM BACKGROUND: The two new library buildings will require electronic fire and burglar alarm systems. We presently have a open-end contract with Alarm Specialist of Vero Beach, Inc. to provide this type service for all the buildings operated by the County, including Sandridge Golf Club. The following price quotes have been provided to install the alarm systems in the two libraries: Vero Beach Main Library $7,187.00 North Indian River County Library $3,447.00 Standardization of the security systems will enable the County to standardize inventories of replacement parts, provide a single point of contact for problems, and with this "listening" type system, will provide for a minimum number of false alarms. Above all, we have been able to apprehend the persons involved in burglaries of our buildings with this type system. 8 I ANALYSIS: Construction of the two facilities is approaching a point where pre -wiring for the electronic alarm systems needs to be addressed. RECOMMENDATIONS• Based on the above, staff recommends the Board approve Alarm Specialist of Vero, Inc. as a "Sole Source" for the electronic alarms in the two library buildings and authorize the expenditure of $10,634.00 for installation. Monies will come from the respective construction budgets. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously approved Alarm Specialist of Vero, Inc. as a "Sole Source" for the electronic alarms in the two library buildings, and authorized the expenditure of $10,634 for installation, as set out in the above staff recommendation. COPIES OF SALES CONTRACTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD F. Final Plat Approval for Ocean Oaks Subdivision The Board reviewed the following memo dated 6/21/90: TO: The Honorable Members of The Board of County Commissioners DIVISION HEAD CONCURRENCE: -fta-obert eating, ICP Community Developm t 6ector THROUGH: Stan Boling, AICP 1. Planning Director FROM: Cheryl A. Twore_ Staff Planner DATE: June 21, 1990 SUBJECT: Final Plat Approval for Ocean Oaks Subdivision It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of July 3, 1990. JUL 31990 9 PoOK F, JUL a 199.0 BOOK PROPOSED DEVELOPMENT AND LOCATION: Ocean Oaks subdivision is a proposed 19 lot subdivision of a + 11.54 acre parcel of land located at 1800 South State Road A -1-A, immediately south of Genesea Subdivision. The subject property is zoned RS -3, Single -Family Residential (up to 3 units/acre) and has an L-1, Low Density (up to 3 units/acre) land use designation. The proposed building density is ± 1.65 units/acre. At its regular meeting of July 27, 1989, the Planning and Zoning Commission granted preliminary plat approval for the subdivision. The owner's agent, McQueen and Associates, Inc., is now requesting final plat approval and has submitted the following: 1. a final plat in conformance with the approved preliminary plat; 2. a contract for construction of required improvements; 3. a Cash Deposit and Escrow Agreement securing the contract; and 4. an agreement between the applicant and Indian River County regarding the construction of the sidewalk. ANALYSIS: The required improvements, with the exception of the sidewalk along State Road A -1-A, and one hundred eleven (111) square yards of cobblestone paving at the entrance to the subdivision, have been constructed by the developer and have been inspected and deemed acceptable by the Public Works Department and Utilities Departments. A contract for construction for the cobblestone paving has been submitted, as well as a cash deposit and escrow agreement to secure the construction contract. The County Attorney's office has reviewed and approved the submitted contract for construction and cash deposit and escrow agreement. The applicant has requested permission to pay off, rather than escrow, their sidewalk obligation along State Road A -1-A. There are presently no sidewalks north or south of the subject site and the applicant feels that construction of the sidewalk would be an unused improvement. The applicant wishes to enter into an agreement with the county to pay the estimated cost of the improvement and allow the county to determine the timing of the construction of the sidewalk. The Public Works department and County Attorney's Office have reviewed and deemed acceptable the sidewalk agreement. RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final plat approval for the Ocean Oaks Subdivision, approve the agreement between the D -Y Associates, Inc., and Indian River County allowing D -Y Associates, Inc., to pay off their sidewalk obligation, and authorize the Chairman to execute the submitted contract for Construction of required improvements, and accept the cash deposit and escrow agreement which guarantees the construction contract. 10 _I Commissioner Bowman felt that perhaps the developer was getting off light in what they are paying for the sidewalk in view of inflation and what the construction costs will be when the sidewalk is actually built. Attorney Collins explained that the money is put into an interest-bearing account. Commissioner Scurlock pointed out that if they built the sidewalk today, it would come onto the County's maintenance. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Scurlock, the Board unanimously granted final plat approval for Ocean Oaks Subdivision, -as set out in the above staff recommendation. AGREEMENT, CASH DEPOSIT AND ESCROW AGREEMENT, AND CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD G. Request for Site Plan Extension - Michael Mann The Board reviewed the following memo dated 6/23/90: TO': James E. Chandler County Administrator DIVISION HEAD CONCURRENCE: / � 2 /. , �, -,- ? Ir . Obert M. Keating j AI Community Developyen rector THROUGH: Stan Boling ,,ICP Planning Director FROM: John W. McCoy A ' Al Staff Planner, Current Development DATE: June 23, 1990 SUBJECT: Michael Mann's Request for Site Plan Extension (SP -MA -88-07-54) It is requested that the data herein presented be given formal consideration by the Board of County Commission at its regular meeting of July 3, 1990. 806Y 8 Fsti �K1 C O L 3.1990 JUL 31990 BOOK 80 DESCRIPTION AND CONDITIONS: On June 22, 1989, the Planning and Zoning Commission approved a major site plan application submitted by Michael Mann. Approval was. given to construct an 18,000 sq. ft. retail shopping complex at the southeast corner of U.S. #1 and 16th Street. Due to- financial constraints has been unable to commence construction prior to the expiration of the approved site plan. However, since no construction was begun by June 22, 1990, the site plan approval will lapse unless otherwise extended by the Board of County Commissioners.* The applicant did submit a request for site plan extension prior to June .22, 1990, as required by the site plan ordinance and the Board may act on this request. No regulations have changed, since this site plan was approved, that would affect this project. Traffic and the level of service on this link of U.S. #1 was a major concern, when this project was originally reviewed. The County Traffic Engineer has recently examined this project's impact on this link of U.S. #1 and has indicated there is still no traffic concurrency problem with this site plan project. Pursuant to the provisions of Section 23.2(G)(2), Appendix A of the Zoning Code, Michael Mann is requesting a full 1 year extension of the approved site plan. It has been the policy of the Board to grant extensions to projects which conform to current codes. RECOMMENDATION: Staff recommends approval of Michael Mann's request for a one year extension of the approved site plan; the new expiration date to be June 22, 1991. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Scurlock, the Board unanimously approved Michael Mann's request for a one-year extension of the approved site plan, the new expiration date to be June 22, 1991, as recommended by staff. PUBLIC DISCUSSION - PROPOSED CHILDREN'S SERVICES COUNCIL FOR IRC The Board reviewed the following letter from Attorney George H. Moss dated 6/18/90: 12 _I BO=SF N.. THE FLORIDA BAR GOVERNORS r, 1989-90 6SO Apalachee Parkway • Tallahassee, Florida 32399-2300 • (904) S61 -S600 -- OFFICERS PRESIDENT Stephen N. Zacx Miami PRESIDENT-ELECT James Fox Miller Hollywood GOVERNORS William H. Clark (1) Enoch J. Whitney (2) Crit Smith (2) S. Austin Peele (3) Joseph P. Milton (4) A. Hamilton Cooke (4) Robert E. Austin, Jr. (5) James A. Baxter (6) William F. Blews (6) Horace Smith. Jr. (7) Robert O. Stripling. Jr. (8) John Edwin Fisher (9) Gregory A. Presnell (9) David B. King (9) R. Kent Lilly (10) Patricia A. Seitz (11) Edward R. Blumberg (11) Sandy Karlan (I f) Manny Crespo (11) Michael Nachwalter (11) Alan T. Dimond (11) John W. Thornton. Jr. (11) Robert M.Sondak(11) Stuart Z. Grossman (11) Joseph H. Serota (I I) Scott L Baena (11) Edwin T. Mulock (12) Benjamin H. Hill III (13) Donald A. Gifford (13) Thomas M. Gonzalez (13) C. Douglas Brown (14) Patrick J. Casey (15) Timothy W. Gaskill (15) H. Michael Easley (15) Alfred K. Frigola (16) Michael J. McNerney (17) Roger H. Staley (17) Terrence Russell (17) /alter G. Campbell. Jr. (17) Thomas G. Freeman (18) George H. Moss II (19) John A. Noland (20) William L. Guzzetti (OOS) - Harry W. Dahl (OOS) Frederick J. Bosch (OOS) Ladd H. Fassett (YL) Warren W. Lindsey (YL) Wilhelmina L Tribble (PM) Ruth Ann Bramson (PM) PLEASE RESROND TO June 18, 1990 P.O. Box 3406 Vero Beach, .- FI, ;�_ 3256 Mr. James E. Chandler, County Administrator Indian River County 1840 25th Street z5�.�`� Vero Beach, FL 32960 Re:: Proposed Children's Services Councii;n for Indian River County Dear Mr. Chandler: Please consider this a formal request to place on the July 3, 1990 agenda, the question of whether the County Commission of Indian River County should adopt the attached Resolution and Ordinance. The Florida Bar Association's Commission for Children has, asked members of The Florida Bar to participate in establishment of a Children's Services Council and I am pleased to act as one of the spokesmen for a group in this County. We would ask that the Commission grant us at least thirty minutes to make a presentation concerning the need for the establishment of the Children's Services Council and present various speakers at the July 3rd meeting. As you will note, we also would like this question .placed on the September primary ballot, if the County Commission so votes. By copy of this letter to Terry O'Brien, with the attached Resolution and Ordinance, I*seek his input as to form and content. I might add that the Florida House of Representatives has recently amended the Education Reform Act, Florida Statute §125 and I have included in the proposed Ordinance, the language in the amendment. I am enclosing a copy of the correspondence from Sandra Coulter, staff attorney for the Florida House of Representatives indicating that the amended language CS/HB 931 (Education Reform Act) has been passed by both Houses and has been forwarded to the Governor for signature. I certainly appreciate any consideration you can give us and will try to assemble material for inclusion in the Commissioners background information at least one week prior to the meeting... Please call me if there is any problem being heard at that time or if this letter does not suffice to obtain a -hearing before the Commissioners. r Kindest regards, /Cx-e George Moss Board Governors 19th Judicial Circuit boor. 31990 13 JUL 31990 800K Attorney George Moss, speaking on behalf of the proposed Children's Services Council of Indian River County, explained that he became involved in this through his membership in the Board -of Governors of the 19th Judicial Circuit of The Florida Bar, which adopted the Children's Service Council by a unanimous vote at a recent meeting. They volunteered their services to a local group that was already formed, and he wished to introduce some of the members who have been part of their ad hoc committee to approach the County Commission on this idea: Madeleine LaPlante, mental health worker in the offices of Kenneth L. Director, M.D. and Attorney Wayne McDonough, also a member of The Florida Bar. In addition, we have guests from Martin County, who have come to give their support to a neighboring county: Harry Yates, director of the Children's Services Council; chairman, Pam Roebuck; and vice chairman, Jody Bondsmith. Each of the above individuals spoke of the dire need for more children's services in this county, as well as in other counties, and their support of the establishment of Children's Services Council in Indian River County through the proposed resolution and ordinance before the Board for their consideration today. Attorney Moss submitted petitions signed by approximately 850 registered voters of Indian River County who are in favor of establishing a Children's Services Council. (PETITIONS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD:) Attorney Moss explained that what they are here for today is simply to ask the Board to let the people decide through a referendum whether there should be a Children's Council of Indian River County funded through the establishment of a special independent taxing district. Attorney Moss emphasized that for some reason society is not doing its job, whether it is the parents, religion, or whatever, and maybe the government isn't the person to answer, but right now, we don't have many other choices. Who in Indian River 14 County is responsible for coordinating all of the efforts of the various private and public agencies that exist to help children? He guessed the reason he is here is that it is the County Commission, since they have the authority to place the question on the ballot so that people can decide whether or not they want a Children's Services Council. If their group raised petitions from every voter in the county, they still could not get on the ballot because of the nature of our county government. In talking to the Commissioners individually, he knew that many have reservations about giving up control of taxation. He believed that if the Commission has the power to tax, then they have the power to regulate the use of the money and to administer the various programs on a local basis. Attorney Moss explained that a Children's Services Council would be established by an ordinance of the County Commission. It could have taxing authority of up to 1/2 mill. However, this requires the approval of the voters of the county, and it is necessary to request that the County Commission place the question of funding on the ballot, preferably on the September ballot. The Council would be composed of ten members. Five of those would be statutory: Juvenile Court Judge, County Commissioner, HRS District Administrator, School Board Member, and Superintendent of Schools. The remaining five members would be selected by the Governor from a list of 15 names submitted by the County Commission. According to the ordinance proposed today, this special taxing district would have the power to tax up to 1/2 mill if approved by a majority of the registered voters. Its purpose is contained in the statutes, and that is to control the spending of funds on a local level; to have local people answer the needs of local children in a preventative measure; and respond to the actual needs that exist, not in Palm Beach County or Dade County or in Tallahassee, but here in Indian River County. It monitors the effectiveness of the dollars and tax dollars spent, and collects donations and obtains L- JUL 15 BOCK f ,r ro­_ -7 OUl ��D BOOKS F�cr; governmental and private grants. It would be a non -paid body of volunteers devoted to identifying local problems and directing the efforts, free of any political pressure as to taxing and spendi-ng.' It would exist as a group of local experts whose sole function is to help children. Under the proposed ordinance, the Children's Services Council would have to submit a budget to the Board of County Commissioners.on an annual basis, and would have to report quarterly on the expenditure of funds. They would have the same constraints on the use of the money as the Hospital District, the Mosquito Control District, etc. Some of the criticisms he has heard from some of the Board members are that this separate taxing district can control the expenditure of funds, but the BCC gets the blame if the money isn't spent wisely. He could understand the Board's reluctance to giving up the ability to expend money, but he pointed out that the Board will be doing most of the selection of the five local people to administer this and to act as its eyes and ears and insure that the children in this county get the best possible services. Attorney Moss read into the record the following letter from Judge Charles E. Smith of the 19th Judicial Circuit dated 7/2/90: y_ Atab of -3"* a CHARLES E. SMITH Fu1cebm* j w vu -a* CIRCUIT JUDGE July 2, 1990 Honorable Carolyn Eggert, Chairwoman Board of County Commissioners 1840 -25th Street Vero Beach, Florida 32960 16 239 COUNTY COURTHOUSE VERO BEACH. FLA. 32980 PHONE: (305) 567-8000 EXT. 528 Dear Mrs. Eggert: The alarming increase in child abuse and neglect cases and the increase in violent crimes committed by teenagers has created a major crisis. Indian River County with its high drop-out rate (49th out of 67 counties) and being in a HRS district dominated by Palm Beach County, means that the special needs of our children can best be served by a children's services council or a similar concept. The decreases in federal and state funding for children and pregnant women requires.the counties to meet the special needs of our children. I urge you to support a referendum to let the voters decide this vital issue. You ly a1'es"E. mith CES/pgk CC: Members of County Commission INDIAN RIVER, MARTIN. OKEECHOBEE A ST. LUCIE COUNTIES Attorney Moss could not say that these services will be the solution, but felt they certainly will do some good. It can't be done by private industry nor by volunteers alone. It requires an organized effort of some form and the legislature has adopted this form. However, it might be modified by the Governor with regard to some of the language that says that existing councils can go under the old provisions. It also has a provision for the establishment of a dependent taxing district. He urged the Board to put the question on the ballot and let the people decide. If the voters throw it out, so be it, but he felt that our democracy demands that they be given a chance to let the people have their say. He thanked the Board for their attention and consideration. Chairman Eggert asked if they still have this targeted for September's ballot, and Attorney Moss advised that they do, but it is difficult not knowing whether the Governor will sign the bill on his desk since it is part of a large education bill and this part could be carved out. 800F 8f, 17 U .i j Boor F., E Assistant County Attorney Will Collins reviewed the following memo dated 6/29/90: TO: Board of County Commissioners FROM: Char les P. V tunac�Countyy torney DATE: June 29, 1990 RE: JUVENILE WELFARE SERVICES Commissioner Eggert has asked me to detail the various options available to the County to provide juvenile welfare services. Before 1988, the County had the power to provide these services financed In the general fund by virtue of authority given §125.01, Florida Statutes. Alternatively, if the area In which the services was to be provided was an unincorporated area only, an MSTU could have been created. For Inclusion of municipal areas, a special taxing district which would require consent of the municipalities involved and a referendum to authorize taxing power was available. In 1988; the state passed the Juvenile Welfare Services law, §125.901, F.S., which, for the first time, gave the county the power to create an Independent taxing district. The governing -body of this dT_st-1Et would be appointed by the governor and a referendum would still be required to authorize taxing power in the district. The budget of the district would not be subject to change or modification by the Board of County Commissioners, or by any other authority. In other words, the district would be totally Independent of the Board of County Commissioners once the district was created. Because of the reluctance on the part of county commissioners throughout the state to create a taxing body within their jurisdiction over which they would have no control, the legislature enacted a new law amending §125:901, F.S., to allow the county an additional option, i.e., to create a dependent taxing district under the authority of §125.901,.x;, rather than the original authority of §125.01: A copy of the pertinent sections of this new law is included in the agenda. In particular, §125.901(7)(a), F.S., reads as follows: Each county may by ordinance create a dependent special district within the boundaries of the county for the purpose of providing preventive, developmental, treatment, and rehabilitative services for children. The district is authorized to seek grants from state, federal, and local agencies and to accept donations from public and private sources, provided that the district complies with the provisions of paragraphs (1)(a) and (2)(b), and provided that the district has a budget that requires approval through an affirmative vote of the governing body of the county or may be vetoed by the governing body of the county. 18 M M M It can be seen from the second sentence of this section that If the district wishes to seek and accept grants' and donations, the district must comply with the new provisions of §125.901(1)(a) and (2)(b) (see your copy of the bi11) which still require certain appointments by the governor and provide detailed directions for the operation of the welfare district. If the County does not wish to comply with subparagraphs (1)(a) and (2)(b), it may still create dependent district, but the district would lose its ability to accept grants. Conclusion In conclusion, the County may fund juvenile welfare services: 1. from the general fund budget; 2. from an MSTU for the unincorporated area; 3. from a special district for all or part of the county under the authority of §125.01, F.S.; 4. from an. Independent district under the authority of §125.901(1); S. from a' dependent district under §125.901(7)(a) which district complies with subparagraphs (1)(a) and (2)(b); and finally 6. from a dependent special district under §125.901(7)(a) which does not comply with (1)(a) and (2)(b). Commissioner Scurlock realized that no one in this room disagrees that our present system is failing, and he had always felt that the biggest thing wrong with the system is not putting the money where the kids are. We have thrown a lot of money at a lot of problems, but it hasn't worked or we wouldn't be here today. He pointed out that we are not a democracy; we are a republic. We don't hold town meetings on every issue, but we certainly defer to the public on major issues where substantial dollars are involved, and in this particular case, 1/2 mill is approximately $2.5 million. He didn't want to do anything in November that might jeopardize a clear presentation to the public on the school issue. He would like to see us propose special legislation to Tallahassee that is more specific to this county rather than this generic thing that .is happening. He felt we should have a special dependent taxing district for this type of service, which would be done by referendum, with the provisions of a 1/2 miliage cap and an automatic 4 year sunset where people would have the ability to vote on whether it should be continued. JUL�.7e�® 19 'JUL 31990 BOOK 0 FA-„E5�5 Chairman Eggert felt it awkward to discuss this today without knowing for sure that the Governor will sign into law the legislation sitting on his desk that will replace the Juvenile Welfare Services law passed in 1988. Commissioner Scurlock listed the many local agencies in the county that provide children's services, some being funded through government and some through private donations. Chairman Eggert emphasized that the big word for her is not "control” but "accountability". She certainly agreed that there are needs, but the question is how we handle it. Do we put in this extra level of bureaucracy with their executive director and ability to have buildings, or do we turn to something like the Substance Abuse Council of Indian River County, which is coordinating government grants, or to the United Way, which is another group that might do it. Commissioner Bowman pointed out that we also have a Council of Community Services that could handle it. Pam Roebuck, chairman of the Martin County Children's Services Council and attorney for all juvenile prosecutions in Martin County, emphasized that if an independent taxing district is established after October, we would be operating under the new law a-nd wouldn't have as much flexibility. Commissioner Wheeler noted that much is being done in this county at the present time through private donations of money and time, and he wholeheartedly believed in that approach rather than in creating another bureaucracy. He believed this community has answered the call in almost every instance he could think of and that volunteerism works very, very well in our county. The Parks & Recreation program, which has a $3 -million budget, is sending 3,000 children to day camp all summer long. He understood that not one child who wanted to go to day camp, indigent or not, was turned away. Last year United Way listed in excess of $1 -million. The Substance Abuse Council has been authorized to 20 be a coordinating board to apply for grants for various programs to solve the drug problems that are plaguing the children in this community. In response to letting the people decide, he felt that basically the people have decided when they elect the members of the Board of County Commissioners who are accountable by having to be elected every 4 years. He believed that once a special independent taxing district is set up, there is little or no accountability. Commissioner Scurlock asked Mrs. Roebuck how she felt about a.dependent taxing district, and she explained that with a dependent district, the children's needs would be competing for funding with roads, utilities, etc., and that the bottom line is that it is a much more political process. She believed that children have more of a right for their needs to be considered separately. Sue Banek, 7 -year HRS employee working in Protective Services stressed the urgent need for more foster care homes, and Chairman Eggert interjected that no one is disputing that need. The question is how we should go about meeting the needs that are not being met. Do we do it with a group formed by an independent district or do we look within the community? Madeleine LaPlante recalled that when they came here 31 years ago, the Board asked them to go back and put the facts and figures together, and come back with a recommendation. After all of the research they have done, their recommendation is that an independent taxing district is the best vehicle to help the children in Indian River County. She.pointed out that none of the people involved in trying to get a council established have done so for any personal gain. They have put in hours and hours of volunteer time. Scott Riley commented that he works as an employee in the private sector and receives calls everyday from the HRS, the County Welfare Dept., and Children's Home Society for donations X99 2' �oo� FF 1t ��UL 3 0 r UuL � ago 1 BOOK 80 of wheelchairs and ostomy supplies for crack cocaine children. The need is enormous. We have to act today, not tomorrow. Bill Stegkemper stated that he was not in favor of the proposed special independent taxing district, and although his wife Susan signed one of the petitions, she had no idea that it was going to form a special taxing district. She is totally opposed to it now after having it explained to her. They are in the child care business, but they feel that the County Commission should set up a dependent taxing district. Joseph Mauro, chairman of the Knights of Columbus pro-life committee, was opposed to a special taxing district because of the lack of accountability and because he felt it would be "empire building" and taxation without representation. He and his wife believe that today's problems stem from the breakdown of the family unit with regard to moral values and the spreading of that throughout the schools and the community. Attorney Wayne McDonough, summarizing for Attorney Moss who had to leave the meeting early, repeated the urgent need for increased children's services in this county, and urged the Board to authorize a referendum so the people of this county can vote on whether or not they want to create an independent special taxing district. He presented additional petitions with 90 signatures. Chairman Eggert noted that nowhere in the petition is mention made of the establishment of a special taxing district, and Mr. Riley presented a copy of the statement that was circulated along with the petitions: PETITION IN FAVOR OF CHILDREN°S SERVICES COUNCIL We favor the adoption of a County Ordinance for purposes of creating a Children's Services Council to assess the needs of programs providing services for the children of Indian River County and to oversee funding of such children's programs. . NAME ADDRESS 1. 2. 22 CHILDREN"S SERVICES COUNCIL THE Children's Services Council (CSC) was created as an option for each county by the Florida Legislature in 1966. Its purpose is to determine the needs of children in the county. The Council would also plan., coordinate, fund and evaluate services for children within the county. The Council would not deliver services but would determine the most urgent needs for children and would contract out to other agencies to deliver those programs most needed. The Council would be established by an ordinance of the County ConTission. It could have taxing authority of up to 1/2 mill. However, this requires the approval of the voters of the county. It is necessary to request that the County Commission place the question of funding on the ballot. The Council would be composed of ten members. Five okf those would be automatic: Juvenile Court Judge County Commissioner HRS District Administrator School Board Member Superintendent of Schools The remaining five would be local children's advocates who would be appointed by the Governor. The 1/2 mill would be from ad valorum taxes but would not fall under the county's 10 mill cap. These monies would be for local use only, with decisions made locally by the council for our county's children, For a homeowner with a $75,000 home this would mean that of every $1,000 of taxable proparty he/she -would pay 50* or: . Property value $751000 Homestead Exemption -25,000 Taxable Property $50,000 Compute .50 x 50= CSC Annual payment--- $25. The homeowner would pay $25. a year, if the -full 1/2 -mill _wex-e levied. However, neither of the four counties with a Council have found it necessary to levy the full amo.unt.•. Early childhood prevention p.:c_rams would be the top pricrit.y o: the Council. An auJI�C' of prevention is worth a pound of cure. Commissioner Bird asked if Commissioner Scurlock's suggestion of a dependent taxing district could be accomplished under the new legislation that is awaiting the Governor's_ signature or whether there would be some reason we would want to do it by legislative act. Attorney Collins advised that a dependent special taxing district could be set up under the new legislation. The only 800'' 23 J U L � `990 BOOK difference would be that if the Governor didn't appoint the board members and the Commission did, the district would not be able to apply and accept certain grants and private donations. Commissioner Scurlock added that it also would come under the County's millage cap, which is why he is looking for special legislation. He again suggested that the dependent taxing district have an automatic sunset provision every 4 years that allows voters to abolish or continue the district. William Koolage, concerned taxpayer of Indian River County, stated that he has been attending County Commission meetings for 17 years and he got to thinking last night, after reading about this being on the agenda today, about the different things that we have been asked to consider funding in the past year. It gave him pause because he felt the first thing we should be doing is prioritizing our needs in a 10 -year long-range plan which would be tied into the Comprehensive Land Use Plan. Some of the items we have been asked to fund are: School bond issue on the referendum this fall. New County Health Building Two new libraries Courthouse complex Hospital indigent cost ALS/Fire Department Sheriff's Department budget Expansion of the county golf course Land purchase for environmental reasons Extension of Indian River Boulevard Recycling costs Childrens' services New bridge Road, water and sewer infrastructure Beach renovation Mr. Koolage had suggestions on how to save money on each of these items, the main one being an extended use of the school buildings after school ends for the day. The schools have a responsibility to provide services to children who have only one parent or where both parents have to work. What happens to the children in the after-school hours? He felt it would be better for the School Board to spend their money on this sort of thing rather than on buildings that are only used 9 months out of the 24 year. Continuing, Mr. Koolage listed the various possible sources of revenues to fund the above items: 1 -cent additional sales tax Tourist tax Ad valorem taxes Impact fees Municipal Service Taxing Unit Districts New taxing districts Per parcel assessments Mr. Koolage stressed that we need to prioritize our needs so the people know where we stand. Robert Walsh, speaking as a concerned taxpayer, noted that parents in the 1950s remember something that was called "social environment", but our society seems to have changed to something called "open living" which he felt has contributed to the problems children are facing in today's world. Certainly, the need is there, but he didn't agree that these needs will be served by creating another bureaucracy. He felt it is time for the biological parents to become concerned citizens instead of what we got today. He didn't know how to turn it around, but he felt that is what is wrong with the country as a whole. Maureen Schlitt, member of the Governor's Constituency for Children urged the Board to authorize a referendum for the establishment of a Children's Services Council through .the establishment of a special taxing district. She asked that in the event the referendum doesn't pass, that the Commission not drop the ball but do something to provide better services for the children in this county. Harry Yates, director of Martin County's Children's Services Council, pointed out that nobody is looking at the early intervention and prevention of children's problems. Sure, it would be.great if all our parents were loving, responsible people and both parents didn't have to work, but in most cases, they do and we need day care -for these children. He emphasized that 80% of the inmates in federal institutions are high school drop -outs. Apparently our school systems are not doing their job, so let's 3 25 BOOK �.� 56� 'JUL 1'` 'JUL BooK0 ,,E �. let the school system do their job and educate our children, and let's create a special board to look at all the other children's services to work with the schools and the families and coordinate all the existing services. He emphasized that there are many agencies providing duplication of services, and he felt we need to look at that because there is a lot of money being spent inefficiently and ineffectively. Mr. Yates believed we need to look at the problem at the local level and identify the problem at the local level because if we let the State do it, they are going to do it their way. Judy Bondsmith, vice chairman of the Children's Services Council in Martin County, remembered when she sat on the school board in Martin County and considered requests to put certain issues on the ballot. What she is hearing here today seems to be a rhetorical difference between an independent taxing district and a dependent taxing district. Rather than reinventing the wheel, she suggested that the Board tailor its Children's Services Council after the one that was established in Pinellas County to meet the needs of the children in this county. She emphasized that every single penny would remain in Indian River County. Chairman Eggert closed the public discussion. Commissioner Bird felt that after hearing this discussion today, we have 5 alternatives: 1) Do nothing. 2) Go with an independent taxing district. 3) Go with a dependent taxing district as suggested by Commissioner Scurlock. 4) See what happens to the bill awaiting the Governor's signature and see if perhaps we can do a dependent taxing district operating under that new law. 5) Or, if nothing else, definitely come out of this with the thought of appointing a Children's Services Council in Indian River County to advise the BCC on future budgetary expenditures relating to children's services. 26 Commissioner Bird was proud of his fellow Commissioners for the amount of homework done on all matters that come before this Board, especially at budget time, but we don't really know where all the problems lie and where the needs are, and we don't have the time or the expertise to find that out. Unfortunately, as fair and as equitable as we try to be in the budget hearings, it does become that the squeakiest wheel gets the most grease in many cases, and those agencies and programs that have the most political popularity sometimes get the lions' share of the funds. Perhaps a Children's Services Council with the right makeup of people with expertise in these matters could better determine these priorities and needs and better advise the Board at budget time. Commissioner Bowman suggested an ad hoc committee that would look into the Pinellas County program, set some guidelines, and come back in a month or so. Chairman Eggert had a philosophical problem -with an independent district, but she did like the idea of a special act dependent taxing district with a millage that isn't under the County's millage cap, which is presently at 10%. If we could achieve that, it would be the best of both worlds for accountability and the public being able to state whether they like it or not. Commissioner Wheeler felt the dependent taxing district as defined by Commissioner Scurlock is something we could pursue and liked the idea of an automatic 4 -year sunset provision. In the meantime, he would like to see the people who have worked on this form their board and start to do it in the private sector while we are waiting for the Legislature to hear it. He was concerned that the Legislature may be afraid of setting a precedent by taking the cap off. He felt there are enough people involved and interested in it that they could set up their board and committee and start working and get some direction from an organization 27 L_ JUL 31990 BOCK FF,- 'JUL 3X990 BOOK 80 P' �� 5a such as the United Way or the Substance Abuse Council. Commissioner Wheeler knew that in the last year it has worked and although it is moving ahead slowly, it is moving ahead. Ms. LaPlante interjected that their group has been doing that for 31 years since the legislation was passed in July, 1986. She asked if the Board is saying that they want them to do all of that again, but Commissioner Wheeler emphasized that he was not saying that at all. Chairman Eggert pointed out that a lot of preparatory work has to be done before the issue goes on the ballot. Commissioner Scurlock didn't see why it had to be that complicated. He felt we have an opportunity before the next legislative session to either propose a special act or modify the current legislation into a form that will allow us to create a special dependent taxing district with a special millage cap to be approved by the voters, with a automatic sunset provision every four years and the appointment of a board prior to the legislative dialogue that is going to have to take place. That committee could interface with the Commission to develop the appropriate legislation for the next session. He noted that this approach leaves the flexibility when it comes referendum time for individual Commissioners to either support this concept or not. He is not even asking the Commissioners to take a particular position today other than taking this approach that moves us forward with a concept that could be framed so that people could vote on it and retain control. Chairman Eggert pointed out that the Board still must answer the request that is before us today, and that is whether we are willing to place a referendum on the September ballot. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Bowman, that the Board deny the request to support a referendum in September on the establishment of a special independent taxing district for Children's Services Council. 28 Under discussion, Commissioner Bird asked if Commissioner Scurlock was planning to come back with a second Motion supporting his plan for a dependent taxing district, and Commissioner Scurlock stated that he would be making that Motion immediately following the vote on this Motion. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. Commissioner Scurlock felt he was ready to make a Motion that the Board allow him to go ahead and meet with the County Attorney's Office and come back with a more specific proposal in a short amount of time. Since we soon will be going into budget sessions, he didn't want to load it up to where he couldn't do that. He felt he has pretty much laid out the framework of going ahead and forming an advisory committee that could be appointed by this Commission that, in fact, could transition right into being the first board if this proposal was successful in a referendum. The concept again is to establish a special dependent district with the millage cap to be voted on by the voters and approved, and that it would come back on the ballot every four years to see if the voters wish to continue it, and we would accomplish that either through special legislation or modification of current legislation to allow us to have grants and do all of the other wonderful things we want to do and with the attempt to get the millage outside the County's cap. The millage cannot be under our cap or we are going to be right back to competing with bridges, roads, fire protection, etc. He felt that would be a reasonable, intelligent approach to present to the voters and he was sure good debate will ensue. Chairman Eggert added that it would be with the assumption that it could go to referendum as soon as possible, but Commissioner Scurlock didn't anticipate it going to referendum 29 BOOK 0 JUL 1990 ,6.- --- Fr- sooK 80 until next March because he didn't see any possibility of doing that in September or October and he would question the reasonableness of trying to propose that for November along with the school board issue. Chairman Eggert noted that it also would depend on whether the legislature has to speak to it, so it could be later. Attorney McDonough suggested that since we will know within a week whether or not the Governor signs the new legislation, perhaps the Board may want to readdress this issue in the next week or so. In the meanwhile they could have some dialogue with reference to some suggestions that Commissioner Scurlock has made, and then maybe they could get right on board and have some definite plans in terms of meetings and proceedings. Chairman Eggert asked if Commissioner Scurlock wanted to work with a committee, and Commissioner Scurlock said he would be happy to. Chairman Eggert felt perhaps the best thing to do would be for the people who are here to work with Commissioner Scurlock and then bring it forward to the Board when they have something specific on whether it could be done under what the Governor has signed or whether it needs special legislation or further amendment. Commissioner Scurlock felt what he would like to do is have them name their people to interface with him and, obviously, he was going to have to work with the County Attorney's Office to analyze the existing legislation that is on the books and then we will determine a route. If there is a modification of that, we can contact our local legislators and future potential legislators and see what their thought processes are on it. Attorney McDonough felt the sooner the better, and while they understand everyone has heavy agendas, they were looking forward to that dialogue. 30 COMMISSIONER SCURLOCK CONDENSED HIS MOTION, WHICH WAS SECONDED BY COMMISSIONER BOWMAN, TO THE FOLLOWING: Authorize him to work with the County Attorney's Office on existing and future legislation to form a dependent district with a millage cap decided by the voters and putting it outside the County's 10 -mill cap, with an automatic sunset provision that allows voters to abolish or continue the district every four years, and giving the Board of Commissioners final budget approval and the freedom to pick its own committee members. THE MOTION WAS VOTED ON AND CARRIED UNANIMOUSLY. BUDGET AMENDMENT 065 - SANDRIDGE GOLF CLUB, PHASE II The Board reviewed the following memo dated 6/26/90: TO: DATE: FILE: Members of the Board of June 26, 1990 County Commissioners TM: Joe Baird UBJECT: Sandridge Golf Club Phase II Director of Budget BUDGET AMENDMENT 065 4 FROM: Bob Kamarinet REFERENCES: Director of Gol r Sandridge Golf Club completed the third year of operation on April 29th of this year. The first three years have proven to be a very positive addition to the community and is fully self supporting. The golf course staff experienced, especially during the winter months, a lack of tee times [because of its popularity and the additional golfing.population coming into the area ] . The staff requested from Links Design, Inc., Ron Garl, the designer of the present course-, to prepare a cost breakdown for an additional 18 holes at Sandridge Golf Club. JUL 31990 31 BOOK JUL 3 1990 poor 80 The fee for Phase I - Planning & Conceptual design phase is $10,000.00. This includes a retainer: $2,000.00; Route pian center Lanes with boundary envelopes and lakes: $6,000.00; and Conceptual plan (Master Plan) with construction schedule and cost estimate of $2,000.00. .The County could amend its earlier agreement with Ron Garl, since per the County Attorney it is not necessary to use the Consultant Competitive Negotiation Act. Although this expense is not a budgeted item staff is anticipating a revenue surplus for the 1989-90 budget to be well over the $10,000.00 figure needed to pay for the preliminary design fee. RE7COMMENDATICN Staff recommends approval on Phase I planning and conceptual design of an additional 18 holes at Sandridge Golf Club and attached budget amendment. Commissioner Bird explained that this is consistent with the agreement we had with Ron Garl on the design of the first phase of Sandridge Golf Club in which we had a cap on the construction costs of the golf course where he got his 8% up to a certain level, and then if we decided to go above that, he didn't get anything further. Commissioner Bird anticipated that we would do the same thing once we get to that point on this. He explained that we really need to go ahead on this preliminary design in order to finalize our cost estimates on construction and maintenance of the course and come back to the Commission with a decision as to whether or not to proceed with the rest of the design. He stated that he was especially happy with Ron Garl's design on the first 18 holes, and believed he will be able to keep the continuity and consistency in the second phase. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously approved Budget Amendment #065 and staff's recommendation as set out in the above memo. 32 TO: FROM: Members of the Board of County Commissioners Joseph A. Baird, EXPENSE OMB Directo &�� Golf Course Operations SUBJECT: BUDGET AMENDMENT NUMBER: 065 DATE: June 25'. 1990 !Other Professional services j4/1—LLl—/L—tJ3s.17i,7iv���v•vvv !REVENUE 1GOLF COURSE/ IA7,_nnn_1 7_'31'3 nn!s,n_nnn_nn!S 0 CHANGE ORDER #2 REVISED - MISCELLANEOUS INTERSECTIONS, PHASE 3-A ROADWORK The Board reviewed the following memo dated 6/26/90: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E., Public Works Director4' ) SUBJECT: Change Order No. 2 Revised - Miscellaneous Intersections, Phase 3-A Roadwork - Dennis L. Smith, Inc. Letter from Bill Myers, Lloyd and Associates, Inc. to James Davis dated Jun. 22, 1990 DATE: June 26, 1990 DESCRIPTION AND CONDITIONS During the April 10, 1990 meeting of the Board of County Commissioners, the Board approved "Change Order No. 2" to the construction contract between Dennis L. Smith, Inc. and Indian River County increasing the contract amount by $35,392.25. This Change Order was executed by the design engineer, Lloyd and Associates, Inc. on March 30, 1990. Following the Board's approval, staff, the Consultant, and the contractor have had further communications, and all parties are requesting that. "Change Order No. 2",be rescinded and "Change Order No. 2 - Revised", be approved due to the discovery that the contractor may not have strictly followed the Consultant' design drawings. The "Change Order No. 2 - Revised" results in an increase in the contract by $30,736.12, whereas the original "Change Order No. 2" resulted in a greater increase of $35,392.25. In addition, "Change Order No. 2 - Revised" includes reconciling unit quantity pay items to finalize the coptract . 33 JUL 31990 ALTERNATIVES AND ANALYSIS BOOK 80 F' L, ME) Staff has reviewed "Change Order No. 2 - Revised" and concurs that the changes are necessary. The Consultant, Lloyd and Associates, Inc, has made an extra effort to resolve the extra asphalt question thereby resulting in a reduction' in Change Order costs of $9,035. Lloyd and Associates, Inc, have also offered to issue two credit memos to the County to offset costs of $800 and $214 due to drainage pipe re -stocking fees and items not included in the original bidding documents. RECOMMENDATIONS AND FUNDING At this time, staff recommends rescinding the Boards April 10, 1990 approval of "Change Order No: 2" between Indian River County and Dennis L. Smith, Inc. for the Miscellaneous Intersections Phase 3-A Improvements, and approval of "Change Order No. 2 - Revised" dated June 11, 1990. Funding to be from District 6 Traffic Impact Fees in the amount of $25,000 and District 9 Traffic Impact Fees in the amount of $5,736.12 as per the attached Budget Amendment. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously approved Change Order No. 2 - Revised, as set out in the above staff recommendation. Commissioner Scurlock felt it is important to note that there was a lot of work involved to resolve some difficulties in this matter, and believed it reflected an opportunity for us to see that when there is a problem, the engineer is willing to work to resolve it. Commissioner Bowman asked why the resident didn't pay the cost to drain the property, and Public Works Director Jim Davis explained that the road was sloped towards the yard and the runoff was going into the yard. CHANGE ORDER NO. 2 - REVISED IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD BUDGET AMENDMENT WAS NOT SUBMITTED WITH BACKUP MATERIAL 34 AGREEMENT WITH HERON CAY CORP. FOR PAYMENT OF IMPACT FEES AND TRANSFER OF OWNERSHIP OF UTILITY FACILITIES TO IRC The Board reviewed the following memo dated 6/25/90: DATE: JUNE 25, 1990 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILITY SERVICES STAFFED AND � PREPARED BY: HARRY E. ASHER�/' ASSISTANT DIREC�OR OF UTILITY SERVICES SUBJECT: AGREEMENT BETWEEN INDIAN RIVER COUNTY AND THE HERON CAY CORPORATION FOR PAYMENT OF IMPACT FEES AND TRANSFER OF OWNERSHIP OF UTILITY FACILITIES TO INDIAN RIVER COUNTY BACKGROUND: Heron Cay (formerly Champion Home Communities, Inc.) was granted a franchise under Resolution No. 82-122 by Indian River County on November 17, 1982, to construct and operate a water and wastewater system to serve an approximate 632 site manufactured housing community. Subsequently, in1985, Indian River County began construction to its West Regional. Wastewater System, and entered: into a "Sewerage Treatment Facility Agreement and Lease," dated April 26, 1985, with Heron Cay (Champion Home Communities, Inc.), under which Heron Cay agreed for wastewater service to be provided by Indian River County. Under the April 26, 1985, Sewerage Treatment Facility Agreement, Section 5.10, "Water Connection," requires that Heron Cay (Champion) will connect to the County water system if such system is available, and pay such fees and charges as are then in effect on July 1, 1990. No impact fees shall be payable (by Heron Cay) on the property with respect to water until connected to the County wastewater system. On March 27, 1990, the Board of County Commissioners approved the construction of the necessary facilities to connect the Heron Cay Development as set forth in the April 26, 1985, agreement. ANALYSIS• The necessary construction approved on March 27, 1990, was started on June 18, 1990, and is scheduled for completion by June 30, 1990. The Department of Utility Services and The Heron Cay Corporation have negotiated the attached agreement to set forth the schedule for payment of the applicable impact fees and the dedication of the water and wastewater system to Indian River County. RECOMMENDATION• The Staff of th Board of County Indian River acquisition of agreement by th e Department of Utility Services recommends that the Commissioners approve the attached agreement between County and 'The Heron Cay Corporation for the the utility system and authorize the execution of the e Chairman of the Board of County Commissioners. 35 Boor 54 U JUL SING sou 80 F,,jut541 Commissioner Scurlock asked if this is consistent with the agreements that we have offered to other entities, and Utilities Director Terry Pinto confirmed that it is. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously approved the agreement between IRC and the Heron Cay Corporation for the acquisition of the utility system, as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD CHANGE ORDER NO. 1 WITH UTILITY SYSTEMS OF AMERICA AND DEVELOPER'S AGREEMENT WITH DR. HENRY FISCHER (DEVELOPER OF SANDLAKE SUBDIVISION) DATE: The Board reviewed the following memo dated 6/21/90: JUNE 21, 1990 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTI Y S VICES PREPARED WILLIAM F. MCC AND STAFFED CAPITAL PROJECij� BY: DEPARTMENT OF TY SERVICES SUBJECT: CHANGE ORDER NO. 1 WITH UTILITY SYSTEMS OF AMERICA AND A DEVELOPER'S AGREEMENT WITH DR. HENRY FISCHER (DEVELOPER OF SANDLAKE SUBDIVISION) INDIAN RIVER COUNTY PROJECT NO. UW -87 -27 -CCS BACKGROUND In order to serve the Breezy Village Subdivision (a wastewater treatment plant we currently operate), the North County Sewer System was to have an 8" diameter force main from Stratton Avenue to the Breezy Village Wastewater Treatment Plant. Since we have taken over the Breezy Village Wastewater Treatment Plant, we would have been upgrading the existing lift station at Breezy Village as soon as the North County system was on line. The Park Place lift station to the south of Sandlake Subdivision was to be tied into the North County Sewer System as well. In lieu of upgrading the Breezy Village lift station, and the installation of the 8" force main on Stratton Avenue, we are proposing the following: 36 1) Convert the Breezy Village lift station to a manhole, with the North County Project installing approximately 460 l.f. of 12" gravity sewer. 2) Connect the above-mentioned gravity sewer to an oversized 12" sewer system through Sandlake Subdivision (via a Developer's Agreement with Dr. Henry Fischer). 3) Gravity feed Breezy Village, Sandlake, and all flows north of Sandlake to the Park Place lift station. 4) Upgrade approximately 400 l.f. of 6" force main to 8" force main from the Park Place lift station to our North County system. ANALYSIS The economic effect of these changes is as follows: 1) 8" diameter force main - Stratton Avenue to Breezy Village $12,690.00 2) New lift station at Breezy Village $50,000.00 TOTAL REDUCTION $62,690.00 By alteration of the Sandlake system via a Developer's Agreement and Change Order No. 1 through the North County Sewer Project, the following costs apply: 1) Change Order No. 1 (net increase) $ 1,373.80 2) Developer's Agreement $24,000.00 TOTAL INCREASE $25,373.00 NET SAVINGS = $37,317.00 For a specific explanation of Change Order No. 1, please see the attached Change Order and letter from Masteller and Moler (specifically Page Two). All of these changes ..equate to --a net savings by the County of $37,317.00. Also included in the Fischer Agreement is a reimbursement of $8,480.00 for water line oversizing per our County Water Master Plan, at our standard rate of $2.00/inch/foot of pipe (see attached Developer's Agreement). RECOMMENDATION The staff of the Department of Utility Services recommends: 1) Approval of Change Order No. 1 with Utility Systems of America. 2) Approval of the attached Developer's Agreement with Dr. Henry Fischer for utility oversizing. Commissioner Scurlock asked.if this developer's agreement is consistent with our other developer's agreements, and Utilities Director Terry Pinto confirmed that it is. JUL 3 37 soon'0 r,�,c 5� JUL 31990 MOO 8 0 F,,GE 54011" ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wheeler, the Board unanimously approved Change Order No. 1 with Utility Systems of America and - Developer's Agreement with Dr. Henry Fischer for utility oversizing,.as set out in the above staff recommendation. CHANGE ORDER AND DEVELOPER'S AGREEMENT ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD PROPOSED MANATEE PROTECTION RULE FOR THE ST. SEBASTIAN RIVER The Board reviewed the following memo dated 6/27/90: DEPA Marjory Stoneman .i June 27, 1990 STATE OF FLORIDA KOF NATURAL RESOURCES Commonwealth Boulevard *Tallahassee, Florida 32399 er, Executive Director Honorable Carolyn K. Eggert Chairman, Indian`River County Commission 1840 25th Street ' Vero Beach, Florida 32960 Dear Commissioner Eggert: DIST I[3! TION LIST Adm:nistrc of = A�mnistr�.to� Attorney �) Petconriel Public Worsts Community Lev. l Utilities Finance Other We are writing to advise you of the Governor and Cabinet's action Yesterday regarding the proposed manatee protection rule for the Sebastian River. The Governor and Cabinet made several changes to the rule proposed by the Department prior to moving its approval. In response to many persons opposing the Department's inclusion of a twenty miles per hour travel corridor in the Indian River County portion of the Sebastian River, the Governor and Cabinet voted to remove that provision of the rule, instead making all of the Sebastian River a slow speed zone. The Governor and Cabinet also amended the portion of the bill related to boat motor manufacturer testing operations [subsection 16N-22.003(7)] and added a new subsection providing an exemption allowing ingress and egress through speed regulated areas for persons residing immediately adjacent to the zones who would otherwise be physically precluded water access to their homes [subsection 16N-22.003(8)]. We will forward you a copy of the rule as adopted, once revisions are complete. Sincerely, Pamela P. McVety, Director Division of Marine Resources PPM/kl 38 Assistant County Attorney Will Collins explained that this is in response to the June 27th newspaper story about the Governor and Cabinet okaying speed limits on the St. Sebastian River. Since that time, Ray LeRoux of the Sebastian Inlet District Commission has advised us that on the last day of the legislative session there was a change to the Florida Manatee Sanctuary Act, which would provide an 8 -member mediation committee in cases where there is any difference between a local proposed rule for boat operation on the river and the State's final adopted rule. Attorney Collins didn't have a copy of that act as yet, but apparently the only substantiative difference is the 20 -mile speed corridor where people said they need to have a certain level of speed to get over some sand shoals. The Governor and Cabinet did not adopt that, and as he understood it, what the Governor and Cabinet did only related to Brevard County and the portions of Indian River County in the St. Sebastian River. He also understood that the Governor and Cabinet have not adopted adopted rules yet for the bulk of Indian River County in the Indian River Lagoon, and have scheduled that for late August. Commissioner Bowman asked the status of the bill establishing the boundaries of Indian River County and Brevard County in the St. Sebastian River that was to be introduced by Senator Patchett. Attorney Collins advised that it was introduced in the Legislature, and it was going to be handed off to Senator Deratany for Senate sponsorship, but he hadn't heard the outcome as yet. Chairman Eggert noted that there is no real ability to take any action until we get some clarification as to how these changes will affect the St. Sebastian River. JUL 3199Q 39 BOOK J F.,;c eo4,1 ,JUL 31990 BOOK 0 FAut —546,, LICENSE AGREEMENT FOR CANOE RENTAL CONCESSION AT DALE WIMBROW PARK The Board reviewed the following memo dated 6/27/90: TO: Board of County Commissioners FROM: Richard N. Bird Vice Chairman DATE: June 27, 1990 RE: LICENSE AGREEMENT FOR CANOE RENTAL CONCESSION AT DALE WIMBROW PARK At the May 3, 1990, meeting of the Parks and Recreation Committee, the committee approved the concept of having a canoe rental available at Dale Wimbrow Park. In connection with this, the County Attorney's Office prepared a license agreement, which the owners of Sebastian Safaris have executed; therefore, it is now necessary for the Board of County Commissioners to approve and execute the license agreement. ACTION REQUESTED: Request that the Board enter into the attached license in favor of Sebastian Safaris by authorizing the Chairman to sign the license agreement on behalf of Indian River County. Commissioner Bird advised that the two representatives from Sebastian Safaris are here to day if there are any questions. Commissioner Bowman noted that another canoe rental group pulled up their canoes just at the spot where various aquatic vegetation had been planted in honor of Earth Day to the tune of $400. She wanted all canoes to keep away from that vegetation, and suggested that area be delineated in this agreement. Bill Pollard from Sebastian Safaris knew that location and said he would mark the area, but Public Works Director Jim Davis advised that the area is now signed. 40 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously approved the license agreement with Sebastian Safaris, as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD FOURTH OF JULY ACTIVITIES Commissioner Bird just wanted to mention the various Fourth of July activities that have been planned in the county: Vero Beach: '> 4 p.m. - Riverside Children's I! .-Theatre presents the Mashed Potato Players in "Parrot Talk:' '>k 5 p.m. - Indian River Arts Council hosts a free outdoor concert at the bandsheli under -.the oaks featuring the Vero Beach Community Band and the Melbourne Municipal Band. ' 8.:30 p.m. - Fire " atAl ` , Riverside Park. ': +� L_ Sebastlan: *' 7:30 a.m. - The Pilot Club of . the Sebastian River Area " sponsors VIP breakfast. * 8:30 a.m. - Parade on Indian a.'. River Drive begins at Wal-Mart Y> and continues north to the Sebastian Community Center.:', 10:40 a.m. - Speakers for the day Include Rep. Dale Patchett, parade grand marshal; Will E. x Conyers, Sebastian mayor; and i' Robb McClary, Sebastian city manager. , >� 11 a.m. - Uttle Miss Firecracker. < Pageant. ; *11:30 a.m. -Concert by the { Vero Beach Community Band. 1:30 p.m. - The Kickin' Country Cloggers perform. 2 p.m. - The Kasht• Ranch Band entertains. * 3 p.m. - The Sebastian River ; Area Chamber of Commerce , auction. ' 'R• 7 p.m. - A street dance at the Yacht Club parking lot. 9 p.m. - Fireworks over the ; Indian River begin, then the street dance continues. 41 poor 80 E'A1E 4 ' I ►JUL 31990 BOOK 80 PAGE 54'Z There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 11:30 o'clock A.M. ATTEST: Clerk 42 C firman