Loading...
HomeMy WebLinkAbout8/28/1990BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA REGULAR MEETING AUGUST 28, 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 9:00 A.M. 1. CALL TO ORDER PAGE 2. INVOCATION -None 3. PLEDGE OF ALLEGIANCE - Comm. Carolyn Eggert 4. ADDITIONS TO THE AGENDA/ EMERGENCY ITEMS a. Chairman Eggert asked that. Bd. app.rove .addn of an emergency item for Director of Mosquito.Control Distr/regard to aerial spraying & also add emerg.budget item as.req..by Supervisor of Elections,both to be added after Consent Agenda as Items 7 (a) and 7 (b). 5. APPROVAL OF MINUTES None 6. CONSENT AGENDA A. Indian River County Jail - Phase 11 Skylights ( memo dated August 16, 1990 ) B. Transportation Disadvantaged Planning Grant 8 Community Transportation Coordinator Selection ( memo dated August 20, 1990 ) C. Proclamation Designating Aug. 27 - Sept. 3, 1990 as National JTPA Alumni Week D. Wabasso Beach Park Restroom Re -Roofing I.R.C. Bid 90-100 ( memo dated August 21, 1990 ) E. West side Highway U.S. 1 Force. Main I . R.C. Bid 90-81 ( memo dated August 21, 1990 ) F. IRC Bid #90-98 - Digitizer Board ( memo dated August 15, 1990 ) G. Release of County Utility Liens..N ( memo dated August 16; 1990) "- AUG 2 8 199C AUG 2 8 1990 6. CONSENT AGENDA CONTINUED PAGE H. Approval to Surplus an. Ind. Riv. County EMS Vehicle Chassis (memo dated August 22, 1990) 7. CLERK TO THE BOARD ' None 9:05 a. m. 8. A. PUBLIC DISCUSSION ITEMS Request for Adoption of County Ordinance Providing for Collection of Unpaid Parking Tickets (tabled from 8/21/90 meeting) (letter dated Julv 23, 1990) B. PUBLIC HEARINGS None 9. COUNTY ADMINISTRATOR'S MATTERS None 10. DEPARTMENTAL MATTERS A. COMMUNITY DEVELOPMENT None B. EMERGENCY MANAGEMENT ` Authorization for Issuance of CO #4 - Phase III IRC Jail ( memo dated Aug. 20, 1990 ) C. GENERAL SERVICES None D. LEISURE SERVICES None E. OFFICE OF MANAGEMENT AND BUDGET None F. PERSONNEL None G. PUBLIC WORKS 1. Replat of Maint. Map of a Portion of Old Dixie Highway ( memo dated Aug. 21, 1990 ) 2. Request for County to give Traffic Impact Fee Credit to Protect Future State DOT R -O -W within Municipal City Limits E Unin- corporated Area for Blockbuster Video 8 Comfort Inn/Shoney's Restaurant ( memo dated August 21, 1990 ) 10. DEPARTMENTAL MATTERS CONTINUED) H. UTILITIES Sewer Force Main, West Side of U.S. #1 From 10th to 4th Streets - Assessment Resolutions 1 and 2 (memo dated August 16, 1990 ) 11. COUNTY ATTORNEY A. General Discussion_ on Revised Code of Ordinances - Title 1 (memo August 22, 1990) B. IR Blvd., Phase IV - Kennedy Parcel (memo dated August 22, 1990) 12. COMMISSIONERS ITEMS A. CHAIRMAN CAROLYN K. EGGERT B. VICE CHAIRMAN RICHARD N. BIRD C. COMMISSIONER MARGARET C. BOWMAN D. COMMISSIONER DON C. SCURLOCK, JR. E. COMMISSIONER GARY C. WHEELER 13. SPECIAL DISTRICTS NORTH COUNTY FIRE DISTRICT A. Approval of Minutes of 6/26/90 Meeting B. Approval of Lease Agreement - Sebastian Volunteer Fire Department & Rescue Squad, Inc. ( memo dated Aug. 21, 1990 ) PAGE 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. A U G 28 1990 Tuesday, August 28, 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, August 28, 1990, at 9:00 o'clock A.M. Present were Carolyn K. Eggert, Chairman; Margaret C. Bowman; Don C. Scurlock, Jr.; and Gary C. Wheeler. Vice Chairman Richard N. Bird had an excused absence and was not present. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, Attorney to the Board of County Commissioners; and Virginia Hargreaves, Deputy Clerk. The Chairman called the meeting to order and led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Eggert asked that the Board approve the addition of an emergency item for the Director of the Mosquito Control District in regard to aerial spraying and also add an emergency budget item as requested by the Supervisor of Elections, both to be added right after the Consent Agenda as Items 7 (a) and 7 (b). ON MOTION by Commissioner Scurlock, SECONDED by Commis- sioner Bowman, Commissioner Bird being absent, the Board unanimously (4-0) approved the addition to the Agenda of the items described above. AUG 2 8 1990 AUG 2 6 1JJ0 o CONSENT AGENDA Commissioner Scurlock just wished to note that he'felt Item 6E in regard -to the West side Highway U.S.I. force Main is somewhat confusing in that it seems that there is a like item under Utilities Matters, but actually they are different. A, County Jail - Phase II Skylights The Board reviewed memo from the Director of General Services "Sonny" Dean: DATE: AUGUST 16, 1990 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: H.T. "SONNY" DEAN, DIRECTOR DEPARTMENT OF GENERAL SERVICES SUBJECT: INDIAN RIVER COUNTY JAIL - PHASE II SKYLIGHTS BACKGROUND: Prior to expiration of the warranty on the subject facility, we were and are experiencing numerous problems with leaks in connection with the skylights on Phase II of the Jail. Schopke Construction and Engineering, Inc, the general contractor on this project subcontracted with EPCO, Inc. for the skylights. Schopke, on notice from us has notified the subcontractor by letter three times and telephone once but EPCO has failed to correct the problems. ANALYSIS• Lucas Waterproofing has estimated a cost of $8,400.00 to correct the leaking problems associated with the subject skylights. RECOMMENDATIONS: Since, all effort has failed to resolve the problem described above, staff recommends the Board authorize our legal staff to proceed with litigation for damages. ON MOTION by Commissioner Scurlock, SECONDED by Commis- sioner Wheeler, Commissioner Bird being absent, the Board unanimously (4-0) authorized legal staff to pro- ceed with litigation for damages as recommended above. 2 B. Transportation Disadvantaged_ Planning Grant_&_Community Trans- portation- coo raana'tor_�eTecTTon The Board reviewed memo from Senior Planner Boudreaux: TO: James Chandler County Administrator DIVISION HEAD CONCURRENCE: �" �- /;#. N Robert M. Keatin , A Community Develo men Director THRU: Sasan Rohani'�. ��- Chief, Long -Range Planning FROM: Cheri Boudreaux Senior Planner, Long -Range Planning DATE: August 20, 1990 RE: TRANSPORTATION DISADVANTAGED PLANNING GRANT & COMMUNITY TRANSPORTATION COORDINATOR SELECTION It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of August 28, 1990. DESCRIPTIONS & CONDITIONS On May 8, 1990, the Board of County Commissioners approved the transmittal of the county's application to the state to become the local Designated Official Planning Agency (DOPA) for the provision of transportation disadvantaged planning activities in the area. The State's Transportation Disadvantaged Commission (TDC) officially notified the county by letter of its approval as the DOPA on June 15, 1990. On July 24, 1990, the Board directed the staff to contact the appropriate state agencies and the Council on Aging regarding their suggested appointies to the Local Coordinating Board. The Board also nominated Commissioner Margaret C. Bowman as Chair of the L.C.B. On August 14, 1990, the Board officially appointed the members to the Local Coordinating Board. On August 23, 1990, the Local Coordinating Board discussed and recommended the approval of the Planning Grant and the Community Transportation Coordinator (CTC) selection proposal. ALTERNATIVES & ANALYSIS The state has allocated, for fiscal year 1990/1991, $25,556.00 to Indian River County for transportation disadvantaged planning related services. The DOPA is,required to apply for the Planning Grant (copy attached) and provide a match of 25% of the total which is $8,520.00 (at least 1/2 must be in cash; the other 1/2 may be in-kind services). The Board previously approved the match at its May 8, 1990 meeting. The grant funds are for the specific duties and responsibilities of the Agency (DOPA) as identified in the ne law,�Chapter 427, F.S. and Rule 41-2 3 purpose of accomplishing the Designated Official Planning w Transportation Disadvantaged FAC. r AUG 2 8 1990 Chapter 427, Florida Statutes and Rule 41-2, Florida Administrative Code, specifically outline the mandated requirements of the selection of the Community Tranportation Coordinator (CTC). The DOPA is required to submit a proposal (copy attached) recommending to the Transportation Disadvanted (TD) Commission's CTC Evaluation Committee a Community Transportation Coordinator (CTC) for the county. The proposal is required to be presented to the TD Commission CTC Evaluation Committee by the elected official who is the Chair of the DOPA. The Evaluation Committee's next meeting will be held on Tuesday, September 11, 1990 in Tallahassee. The Indian River County Council on Aging (COA) has been the county's transportation disadvantaged services coordinated provider for the last several years. The proposal is recommending that the Council on Aging remain the Community Transportation Coordinator (CTC). RECOMMENDATION The staff recommends that the Board of County Commissioners approve the transmittal of the Planning Grant application to the state and recommend to the state that Council on Aging become the Transportation Disadvantaged Community Transportation Coordinator for the county. ON MOTION by Commissioner Scurlock, SECONDED by Commis- sioner Wheeler, Commissioner Bird being absent, the Board unanimously (4-0) approved transmittal of the Planning Grant application and also approved recommenda- tion of the Council on Aging as the Transportation Disad- vantaged Community Transportation Coordinator for the county. COPY OF GRANT APPLICATION ON FILE IN OFFICE OF CLERK TO THE BOARD GRANT AGREEMENTCDATED 11/27/90 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD C. Proclamation - National DTPA ALumni Week ON MOTION by Commissioner Scurlock, SECONDED by Commis- sioner Wheeler, Commissioner Bird being absent, the Board unanimously (4-0) approved the following Proclama- tion designating August 27 - September 3, 1990, as National DTPA Alumni Week. 4 PROCLAMATION DESIGNATING AUGUST 27 - SEPTEMBER 3, 1990 AS NATIONAL JTPA ALUMNI WEEK WHEREAS, the federally funded Job Training Partnership Act (JTPA) is an effective program for assisting school dropouts, welfare recipients, unskilled adults, displaced homemakers, dislocated workers and others who face serious barriers to employment; and WHEREAS, the members of Congress, the press and our community should be informed of the positive impact JTPA has on the lives of our fellow citizens; and WHEREAS, all partners in the JTPA system (federal, state and local governments, business, labor, education, community-based organizations and service providers) must assume an active role in effectively communicating the success of the program; and WHEREAS; JTPA Alumni (individuals who have successfully completed the program) who have overcome their barriers to employment 'and are now productive members of our community are the best advocates for the program; and WHEREAS, it is the desire of the Indian River County Board of Commissioners to officially recognize the achievements of JTPA Alumni and to support the program administered by the Treasure Coast Private'Industry Council: NOW, THEREFORE, BE IT PROCLAIMED BY TETE BOARD OF COUNTY COMMISSIONERS of Indian River County, Florida that the week of August 27 through September 3, 1990 be recognized as NATIONAL JTPA ALUMNI WEEK and the Board further declares that Wednesday, August 28, 1990 be observed as JTPA ALUMNI RECOGNITION DAY in Indian River County. The Board urges all residents of Indian River County to support the Treasure Coast Private Industry Council in its endeavors. Adopted this 28th day of August, 1990. AUG 2 8 1991 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA f Carolyn Eggert, 'i firman 5 rAUG 2 8 1990 D. Bid #90-100-- Wabasso Beach Park Restroom Re -Roofing The Board reviewed memo from Director Dean: DATE: AUGUST 21, 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: WABASSO BEACH PARK RESTROOM RE -ROOFING INDIAN RIVER COUNTY BID NUMBER 90-100 f,10 BACKGROUND: The subject project has been put out for competitive bidding two times without response. This last time, we sent our twenty (20) invitations and did not receive a bid. RECOMMENDATIONS• Since we have made a sincere effort to bid this job without success, staff recommends the Board authorize staff to negotiate the re -roofing project with a qualified company. ON MOTION by Commissioner Scurlock, SECONDED by Commis- sioner Wheeler, Commissioner Bird being absent, the Board unanimously (4-0) authorized staff to negotiate the above re -roofing project with a qualified company. E. Bid #90-81 - West side HighwayU.S.I Force Main The Board reviewed memo from the General Services Director: 6 DATE: AUGUST 21, 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: WESTSIDE HIGHWAY U.S. 1 FORCE MAIN INDIAN RIVER COUNTY BID NUMBER 90-81 BACKGROUND: The subject project was advertised and bids were received. Low bid was approximately $35,000.00 over the engineer's estimated cost. Some of the easements for the proposed route of this line were difficult to obtain. RECOMMENDATIONS: Based on the above staff recommends the subject bid be cancelled and request authority to re -bid at a later date. A new design and proposed route will be incorporated in the new bid documents. ON MOTION by Commissioner Scurlock, SECONDED by Commis- sioner Wheeler, Commissioner Bird being absent, the Board unanimously (4-0) authorized staff to cancel the subject bid and re -bid at a later date on a new design and proposed route as recommended. F. Bid #90-98 - Digitizer Board The Board reviewed memo from CPO Manager Mascola: 0 7 ROR Ul PAGE. 71 AUG 2 8 1990 , 61 rC4 t 72 DATE: August 15, 1990 TO: HONORABLE BOARD OF COUNTY COrM2ISSIONERS THRU: James E Chandler, County Administrator H.T. "Sonny" Dean, Director Department of General Servi s 91--,* FROM: Dominick L. Mascola, CPO Manager Division of Purchasing SUBJ: IRC BID #90-98/Digitizer Board n7%r'Vr'0nrn.Tn. On request frau the County Engineering Department, the bid for Digitizer Board was properly advertised and Nine (9) Invitations to Bid were sent out. Three (3) vendors subuitted proposals for the commodity. ANALYSIS: Staff has reviewed the submittal to ascertain adherence to specifications. Vero Technologies was the lowest bidder that met all requirements. FUNDING: Monies for this project will cane from Budget County Engineering Office Furniture & Equipment Funds available $26,450.00. RECOMMENDATION: Staff recommends the Award of a Fixed Contract for $4,107.00 to the low bidder, Vero Technologies for the subject project. ON MOTION by Commissioner Scurlock, SECONDED by Commis- sioner Wheeler, Commissioner Bird being absent, the Board unanimously (4-0) awarded Bid #90-98 for Digitizer Board to the low bidder, Vero Technologies, and approved a fixed contract with same in the amount of $4,107.00 as recommended by staff per the following Bid Tabulation: 8 I ' BOARD OF COUNTY COMMISSIONERS ' 1840 25th S&eef. Vero Beach. Flarfda x2960 V T«.. - hsemh 5674wo Z1 :' Recommended Award �LOR10P VERO .TECHNOLOGIES 4,107.00 Data ' AUG 15 ,19 90 PURCHASING DEPT. BID TABULATION Submitted By Dominick L Mascola PURCHASING MANAGER Bid NQjO-98 Date Of Opening 8/15/90 Bid Tifle DIGITIZER BOARD 1. VERO TECHNOLOGIES $4,107.00 PO BOX 4316 VERO BEACH,FL 32964 (407) 778-4922 ALL THREE VENDORS —NOTE: SUMMAGRAPHICS — SUMMASRETCH II PROFESSIONAL 2. VERTROL DATA SYSTEMS $4,117.50 2500 13th AVE VERO BEACH, FL 32961D 3. COMPUTER DESIGN ASSOC $4,398.96 2135 15th AVE VERO BEACH, FL 32960 G. Release of County Utility Liens The Board reviewed memo from Lea Keller, CLA: TO: The Honorable Board of County.Commissioners gr,� (2. 4.�) -� FROM: Lea R. Keller, CLA, County Attorney's Office DATE: August 16, 1990 RE: CONSENT AGENDA - BCC MEETING 8/28/90 RELEASE COUNTY UTILITY LIENS 1 have prepared the following routine lien -related documents and request that the Board authorize the Chairman to execute them: Release of Water Assessment Lien SUMMERPLACE in the name of DORIS B. GOFF Release of Water Assessment Lien SUMMERPLACE in the names of JOHN DOUGLAS MOSS et ux Release of Assessment Lien Rockridge Sewers in the name of CAROLINE C.-DONATH Release of Assessment Lien Rockridge,Sewers in the names of ROBERT F. KARAN et ux Satisfaction of Impact Fee Agreement in the name of HENRIETTA BROWN Back-up information for the above documents is on file in the County Attorney's Office. 9 ncjclK �. PAGUF AUG 2 8 1990 r U G 2 8 1990 rN k00K � Ff,("E f 1 ON MOTION by Commissioner Scurlock, SECONDED by Commis- sioner Wheeler, Commissioner Bird being absent, the Board -unanimously (4-0) authprized the Chairman to execute the Documents as listed above. COPY OF SAID DOCUMENTS ON FILE IN THE OFFICE OF CLERK TO BOARD E. Approval to Surplus County EMS Vehicle Chassis The Board reviewed memo from Chief Paramedic Jim Judge: TO: Board of Count Commissioners THROUGH: Doug Wright, Director Department of Emergency Services FROM: Jim Judge, Chief Paramedic Department of Emergency Services - ALS DATE: August 22, 1990 SUBJECT: APPROVAL TO SURPLUS AN INDIAN RIVER COUNTY EMS VEHICLE CHASSIS 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: Indian River County EMS is seeking approval from the Board of County Commissioners to authorize the surplus of a 1988 Ford vehicle chassis. This vehicle is left over from an ambulance remount. Due to many years of service and escalating maintenance costs, the vehicle ambulance box was removed from this unit and placed on a 1990 chassis. The vehicle is identified by county records as: 1988 Ford Chassis Asset #11026 VIN #1FDKE30L2FHA38888 The ambulance chassis is presently located at 1729 17th Avenue, the main ambulance station. ALTERNATIVES AND ANALYSIS: Years of service has caused considerable wear upon the unit requiring extensive repairs. It has an outdated gasoline engine and any attempt to recondition or repair the unit would cost considerably more than its value. RECOMMENDATION: Staff recommends the Board of County Commissioners determine that the vehicle above is surplus equipment and authorize the Department of General Services, Purchasing Division, to advertise the vehicle for sale to the highest bidder. 10 ON MOTION by Commissioner Scurlock, SECONDED by Commis- sioner Wheeler, Commissioner Bird being absent, the Board unanimously (4-0) declared the vehicle described above surplus and authorized advertising same for sale. MOSQUITO CONTROL DISTRICT - AERIAL SPRAYING OUTSIDE DISTRICT Director John Beidler came before the Board in regard to the following matter: Jitchan 1�iver Moijudo Controle2)idrict P.O. BOX 670,PHONE: 407) 562-2393 (.329 -(lid e95655 SOUTH GIFFORD ROA AUG1990 N HoMVfcaacm ADMINISTRATOR'S XS At9ERt cocwwa, se«aray-rrao,m l.'� OFFICE E.J.BMLER.Drrecror ���'/_ _ -?�V Mr. James E. Chandler, August 27, 1990 County Administrator 1840 25th St Vero Beach Fl, 32960 Dear Mr. Chandler I am writing to provide you a better estimate of the cost of aerially spraying areas of Indian River County that are outside of the Mosquito Control District's boundaries. With" the announcement of two confirmed human cases of SLE, and up to six additional suspected cases, the situation has escalated. This may require aerial spraying of some populated areas, including Fellsmere and Vero Lakes Estates. Using aircraft belonging to HRS, the cost per acre is $0.50. The minimum area to treat in Fellsmere and Vero Lakes Estates, including a small buffer zone, is 12,000 acres (18 square miles), for a total of $6,000 per treatment. In the event of a full epidemic, it may be necessary to treat a significantly larger buffer area. We have consulted with several specialists in aerial spraying for epidemics. From these conversations we feel it is best to plan for a minimum of 3 localized sprayings, or one broader -scale treatment that is roughly equivalent in acreage to the 3 localized spraying. Either contingency may have to be repeated *two or three times, if we become involved in a serious, persistent, county -wide epidemic. Thus, the worst-case scenario we currently see would require approximately $54,000 of county funds. Personally, if we aerially spray at all, I feel it is more likely we will do either one broadscale or three localized treatments. I want to emphasize that we have not committed to aerially spraying, and will only do so after consultation with the County Health Unit, specialists in SLE at the FMEL, and the HRS Office of Entomology. If you will bring this Of contingency to the attention of the Board of County Commissioners for their approval, we will better prepared in the event the County Health Unit requests additional activity and our Board concurs. Thank you for your help in bringing this to the Commission's attention. Yours truly, E. J. Beidl Director -AUG 2 8 1990 F'AU G 2 8 1990 -7 8d F-,tirE 76 Commissioner Scurlock realized this is an emergency health problem, but noted that there is also a basic funding problem in that people within their own distripts have been paying taxes for years for this service and they will be paying twice if you fund this out of the General Fund. We must address this problem somehow, and if nothing else, possibly this will be the impetus to create a district that is countywide so that everyone pays their fair share. Director Beidler advised that Attorney Vitunac is preparing an item to come before the Board that will redefine the District boundaries. It won't take in all of the County, but will go out to the St. John's Water Management District. Attorney Vitunac informed the Board that setting this up requires a Special Act of the Legislature. Commissioner Scurlock asked about the possibility of in- cluding this in the MSTU for Vero Lake Estates, and Attorney Vitunac believed there is time to add to the budgets of the existing MSTUs and certainly the City of Fellsmere can charge its own people for this cost. Commissioner Scurlock stressed that he certainly is not against spraying, and undoubtedly we can come up with the $54,000 this year, but it is important to provide for addressing this funding in the future. Discussion continued regarding the difficulty of going through the Legislature to create a new special district, and the feeling that just expanding the boundaries would be simpler. It was hoped that this could be done and the taxing mechanism in place by the next budget year. Commissioner Scurlock did not think we have any other alternative at this time but to authorize the Administrator to take the action as deemed necessary by the Health Officials. Commissioner Bowman inquired about the possibility of getting emergency funds from the DRHS. 12 Director Beidler did not think funds would be available from that source this year, but we probably could get a plane from them. He advised that he already has made arrangements with Martin County to use both of their airplanes, and also hopes to be able to make use of the big HRS airplane. Discussion then ensued as to using funds allocated for disaster relief, and OMB Director Baird explained those funds are in the MSTU not in the General Fund. Commissioner Scurlock believed the largest area to be sprayed would be in the MSTU because Mr. Beidler is referring to the entire Fellsmere area, not just the city. After further discussion, Administrator Chandler advised that he and the OMB Director have concluded that the Disaster Fund would be more appropriate for this type expenditure. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Bowman, the Board unanimously (4-0) authorized the Administrator to take the necessary action in regard to funding aerial spraying as recommended by the Health Officials, the funding to come from the Disaster Relief Fund, and to keep the Board updated on any further action needed. Mr. Beidler cautioned that although this is Labor Day weekend coming up, this is not the weekend to cook outside after dark. He stressed that actually the public can do more to stem any possible epidemic than we can. EMERGENCY BUDGET ITEM - SUPERVISOR OF ELECTIONS Supervisor of Elections` Robinson came before the Board to explain the following: AUG 2 8 1990 13 of F,,r,F 7 a L:_ r -AUG 28 1990 (August 28, 1990 ANN ROBINSON SUPERVISOR OF ELECTIONS 1840 25TH STREET, SUITE N-109' VERO BEACH, FLORIDA 32960-3394 TELEPHONES: (407) 567-8187 or 567-8000 TO: HON. CAROLYN EGGERT, CHAIRMAN, BCC FROM: ANN ROBINSON, SUPERVISOR OF ELECTIONS RE: EMERGENCY ITEM FOR AGENDA OF AUGUST 28 ?00K 81 PAf,E d S) -7 There is $2838 in the elections budget left from the County's election held in November, 1989. I would like your approval to spend part of it as needed for unanticipated election expenses now. Yesterday the hard disk drive in the IBM PC AT quit working; the PC is one of the two bought in .1986 for ballot tabulation, and I want to get it ready for the Logic and Accuracy Test on Thursday and the First Primary next Tuesday. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Wheeler, the Board unanimously (4-0) approved the request of the Supervisor of Elections to spend part of the money left in the Elections Budget as needed for unanticipated election expenses. REQUEST ADOPTION OF COUNTY ORDINANCE PROVIDING FOR COLLECTION OF UNPAID PARKING TICKETS Vero Beach Police Chief James Gabbard reviewed the following: 14 City of Vero Beach 1055 - 20th STREET VERO BEACH, FLORIDA - 32960-6441 Ms. Carolyn Eggert, Chairperson July 23, 1990 Indian River County Commission 1940 25th Street Vero Beach, Florida 32960 RE: Request for the adoption of County Ordinance Providing for Collection of Unpaid Parking Tickets Dear Ms. Eggert: As you know, the City of.Vero Beach has actively prosecuted parking violations for some time. However, despite the City's rigid enforcement of parking citations, certain violators have been able to avoid payment. My staff has invested a substantial amount of time in the so far futile attempt at collecting the unpaid fines. Our research indicates that the court system may order a violator to pay a penalty for unpaid tickets, but unlike other traffic violations, the court cannot suspend the driver's license of a person who fails to pay the court mandated fine. The Florida -Legislature has addressed this problem in Section 316.1967(6), Florida Statutes, which provides that counties may pass an ordinance requiring the clerk of the court to supply the Florida State Department of Highway Safety and Motor Vehicles with 'a computer tape listing persons who have three or more outstanding parking violations. Such persons names shall be entered into the statewide computer system and they shall not be permitted to renew their license plate or validation stickers until providing proof that such fines were paid,.as provided in Section 320.03(8), Florida Statutes. The adoption of such an ordinance would enable the City to collect a considerable amount of lost revenue and prevent the unnecessary waste of staff time in attempting to enforce the unpaid and overdue. -tickets. Therefore, by this letter, the City of Vero Beach Police Department hereby requests that the Indian River County Board of County Commissioners adopt an ordinance allowing for the collection of unpaid parking tickets, as provided above. We will be happy to assist you and your staff in preparation of such ordinance and look forward to working with you on this matter. Sincerely, , JV4B.P.P. Chief Gabbard advised that they currently have some $19,000 in uncollected fines. Commissioner Scurlock wished to know if Tax Collector Morris is willing to implement such a program for a trial run or if he is still reluctant to do so. 15. r1%)0K 1 , Av 79 AUG 2 8 1990 Tax Collector Gene Morris informed the Board that he is not against making people pay what they owe. His problem is that the system that allows this has not beef perfected to the point where it is infallible, and when this comes up, it .locks up his system. The person being accused of the violation may argue that he has paid those fines; then it is necessary to spend 10/15 minutes calling Tallahassee, and they cannot always tell us what agency locked us out. Tax Collector Morris continued that Chief Gabbard has assured him that he will give the Tax Collector's office a direct hot line where they can check this out and collect the fines right in their office, and he, therefore, is willing to try it. Mr. Morris noted that this also gives them a lock on people who are from out of town as well as the ones that are locked in the state system, and he has no problem with this system as long as it works. He confirmed that he would be willing to try this out for 6 months, and then if it is not working, he would like to be able to come back to the Board and stop it. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Wheeler, the Board unanimously (4-0) author- ized the County Attorney to draft an ordinance as discussed and bring it back for a public hearing. COUNTY JAIL, PHASE III - CHANGE ORDER #4 The Board reviewed memo from Director Doug Wright, Project Manager, Phase III: 16 S -TO: Board of County Commissioners FROM: Doug Wright Director Project Manager - Phase III DATE: August 20, 1990 SUBJECT: AUTHORIZATION FOR ISSUANCE OF CHANGE ORDER #4 - PHASE III INDIAN RIVER COUNTY JAIL 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 Constructions Manager has submitted information concerning Proposal Request #12,#13, and #17 which requires consideration by the Board of County Commissioners. Information pertaining to the PR's are as follows: Proposal Request X12 - Plaster Wall Finish This PR is predicated on the fact that the Architect did not consider the existing waterproofing over a block wall and stucco had to be added before painting. The General Contractor's initial price quote was $7,270.82 and was negotiated down to $6,500 with no time. Proposal Request X13 - Ricochet Wall The ricochet wall proposal request was created by the Architect placing an incorrect dimension over a properly designed wall length. The General Contractor's original price quote was $10,525.84. Negotiations resulted in a final price of $5,750 for the work with no time extension. Proposal Request #17 - Kitchen Equipment There were certain items recommended by the kitchen consultant or requested by the Sheriff's Department, but not included in the contract documents when the Architect wrote the specifications. Estimated costs for these items was $15,739.00. It is recommended that the Sheriff's Department be notified that these items would not be paid out off construction funds, but rather the furnishings account for the jail. ALTERNATIVES AND ANALYSIS: The Board of County Commissioners have to date issued three change orders as follows: Change Order #1 (PR #1) - Ten days additional time with no funding Change Order #2 (PR's #1,3,4,6,7,8,9,10,11) - $8,853 and no additional time Change Order #3 (PR's.42,5) - $11,030.40 and no additional construction time For the Board of County Commissioners information, there are additional proposal requests that have been resolved through negotiations or omitted by the Construction Manager since no money or time is involved. These will be mentioned for the record only so that an accounting of the PR's initiated will be available. 17 �r;�� 81 PALE 8 s. �'14 1 PAGE 8Z Proposal Request #14 - Door Hardware The architectural drawings did not indicate the hardware required. The General Contractor originally asked for $1,058.88 and the price was later dropped to $414.00. This PR was combined with PR #15 and omitted. Proposal Request #15 - Plyform The plans called for H.D.O. form board and the General Contractor used a different product. It was determined that the exact requirement of the spec could not be met. This PR was negotiated to omit and combine with PR #14. Proposal Request #16 - Catch Basin The General Contractor used a pre-existing catch basin. The architectural drawings indicated that a new one was to be provided. It was negotiated to void and omit this PR in exchange for control joint caulking (A.S.I. #5). RECOMMENDATION: The Construction Manager and staff recommends that the Board of County Commissioners authorize the Architect to issue Change Order #4 for Proposal Request #12, #13, and #17 in the amount of $12,250 and authorize the Chairman to execute the necessary documents. The original bid award for the contract was $5,103,000. If the Board of County Commissioners approve Change Order #4, the status of funding for Phase III of the Indian River County Jail will be as follows: Original bid award for construction $5,103,000 Change Order #1 Ten days Change Order #2 8,853 Change Order #3 11,030 Change Order #4 12,250 Total $5,135,133 Since no additional construction time is being added other than the ten days provided in Change Order #1, the completion date for Phase III remains March 11, 1991. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Wheeler, the Board unanimously (4-0) approved Change Order #4 as recommended by staff and noted that the completion date for Phase III remains March 11, 1991. 18 � � r CHANGE OWNER ❑ Admin. ARCHITECT a ORDER CONTRACTOR Budges FIELD❑ AIA DOCUMENT G701 OTHER D OTHE PROJECT: Indian River County Jail, Phase III CHANGE ORDER NUMBER: Four (4) (name, address) DATE: September 5, 1990 TO CONTRACTOR: ARCHITECT'S PROJECT NO: 2140 (name, address) CONTRACT DATE: October 17, 1989 Robert F. Wilson, Inc. P.O. Box 760 Vero Beach, FL 32961 The Contract is changed as follows: 1. 2. 3. 4. 5. CONTRACT FOR: Phase III Addition Provide Plaster Wall Finish For W.R.F.A.I. Proposal Request No. 12 Change Ricochet Wall -Per W.R.F.A.I. Proposal Request No. 13 Provide Changes to boor #108A and Provide Credit for Use of B -B Plyform Plywood for W.R.F.A.I. Proposal Request Nos. 14 and 15. Provide Credit for New Catch Basin for W.R.F.A.I. Proposal Request No. 16 and Revise Control Joint Detail per W.R.F.A.I. A.S.I. No. 5 Proposal Request No. 17 Denied TOTAL CHANGE ORDER NO. 4 No Change in Contract Days Not valid until signed by the Owner, Architect and Contractor. ADD $ 6,500.00 ADD $ 5,750.00 NO COST Indian Rivtr Ca AFproved Date Admin. 9_ _ Legal CONTRACTOR Budges Risk Mgr. it. $12,250.00 The original (Contract Sum) (Guaranteed Maximtun Price) was ........................ $5,103,000.00 Net change by previously authorized Change Orders ............................... $ 19,883.00 The (Contract Stun) (ClI a m=cd prior to this Change Order was .......... $5,122,883.00 The (Contract Sum) (Ox kbft3i=wftkvj will be (increased) (dm ) ( ed) by this Change Order in the amount of ............................ S 12,250.00 The new (Contract Sum) (GWomr ixg including this Change Order will be .. S 5 ,135 , 133.00 The Contract Time will be (i2am=M (dacltm9eg) (unchanged) by Zero ( 0 ) days. The date of Substantial Completion as of the date of this Change Order therefore is 435 Days After Receipt of Notice to Proceed. NOTE: This summary docs not reflect changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive. W R FRIZZELL ARCHITECTS, INC. ROBERT F. WILSON, INC, INDIAN RIVER COUNTY ARCHITECT CONTRACTOR OWNER 5600 PGA Blvd., Suite 200 P.O. Box 760 1840 25th Street Address Address Address Palm Beach Gardens FL 33418 Ver L 1 Vero Beach, FL 32960 BY / ' DATE �sT//�/ TF DATE AIA DOCUMENT G701 • CHAKGE.ORDER • 198 EDITION • AIA0 • ©1987 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 G701-1987 19 AUG 2 8 1990 aooK �i PaGF 8j r AUG 28 1990 REPLAT MAINTENANCE MAP OF PORTION OF OLD DIXIE HIGHWAY Public Works Director Davis reviewed the following: TO: James E. Chandler, County Administrator THROUGH: James W. Davis, P.E.,,� Public Works Director, FROM: Terry B. Thompson, P.E., "A5 Capital Projects Manager SUBJECT: Replat of the Maintenance Map of a Portion of Old Dixie Highway DATE: August 21, 1990 DESCRIPTION AND CONDITIONS FILE: replat.agn On April 17, 1990, the County entered into Work Order #3 with Kimley-Horn and Associates for professional services to prepare a new Maintenance Map for Old Dixie Highway for 500' north and south of its intersection with Oslo Road. This replat is required to correct an error in the existing maintenance right-of-way plat for this section of Old Dixie Highway. In the event the County decides to acquire additional right-of-way for intersection improvements at Oslo Road and Old Dixie Highway, the legal descriptions would have to be referenced to the baseline survey of the revised maintenance map. The maintenance map is available for review in the Office of the Board of County Commissioners. This project is now complete. Kimley-Horn and Associates is requesting final payment including retainage in the total amount of $7,215.49 RECOVDUMATIONS AND FUNDING Staff recommends that the Board authorize the Chairman, by her signature on the revised maintenance map, to certify that the road shown thereon shall be deemed dedicated to the public to the extent and width shown on the map. It is also recommended that the final payment including the loo retainage be released. Funding is from account #101-156-541-067.25. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Wheeler, the Board unanimously (4-0) authorized the Chairman to sign the revised maintenance map as described above and authorized that the final payment, including 10% retainage be released to Kimley-Horn and Associates in the amount of $7,215.49. 20 �I TRAFFIC IMPACT FEE CREDIT FOR FUTURE DOT R/W - BLOCKBUSTER VIDEO & COMFORT INN/SHONEY'S RESTAURANT The Board reviewed memo from the Public Works Director: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E., Public Works Director SUBJECT: Request for County to give Traffic Impact Fee Credit to Protect Future State DOT Right -of -Way within Municipal City Limits and Unincorporated Area for Blockbuster Video and Comfort Inn/ Shoney's Restaurant DATE: August 21, 1990 DESCRIPTION AND CONDITIONS Recent Court decisions have resulted in the opinion that the County must compensate for additional Thoroughfare Plan Right -of -Way needs that are not site related as new development occurs. For two current developments, the County is being asked to give Traffic Impact Fee Credits for the following projects: Shoney's Restaurant/Comfort Inn Hotel at US 1 and 10th Street(Unincorporated area) - An additional 10' of right-of-way is required at a cost of $37,250 (total Impact Fee for Project is $162,054.41). Blockbuster Video - US 1 at 19th Place - An additional 20' of right-of-way is required at a cost of $17,920. The above projects are both located along south US 1. At the present time, the county staff is amending the 20 -Year Road Improvement Program to include US 1 widening between SR60 and 4th Street. The County's Comprehensive Land Use Plan Traffic Element does include this US 1 widening. ALTERNATIVES AND ANALYSIS The County's Traffic Impact Fee Ordinance requires that right-of-way credits for land dedication can only be issued for 1) projects on the County's 20 -Year Road Improvement Program or 2) if the land dedication provides a capital road improvement to the County's major road network system which provides capacity expansion necessitated by the proposed land development activity. Since the US 1 widening is n on the current 20 -year Road Improvement Plan, the County Administrator can make the determination that the land dedication does provide capacity expansion as stated in number 2 above. The alternatives presented ale: Alternative No. 1 Issue the Traffic Impact Fee Credits as follows: Blockbuster Video $17,920 Comfort Inn/Shoney's Restaurant $37,250 This action would require that the County Administrator determine that the land dedication provides a. capital 21 A U G H 1990 ROOK A U 0, P, 8 1.990 road improvement to the county's major r. --)ad ne`*Work system which provides a capacity expansion necessitated by the proposed land developmeiht activity. Alternative No.* -2 Deny the Traffic Impact Fee Credit and not ctCq---1ire the right-of-way. RECOMMENDATIONS AND FUNDING It is recommended that Alternative No. 1 be approved. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Bowman, to approve Alternative No. 1 and issue the Traffic Impact Fee Credits as recommended by staff. Chairman Eggert referred to a memo from Asst. County Attorney O'Brien and asked if she was to understand that we are, in essence, saying will you voluntarily do this. Public Works Director Davis confirmed that and explained that the applicant for Blockbuster Video has proposed that he dedicate the R/W in exchange for the impact fee credit, and the county is not being asked to pay any additional money. As to Comfort Inn and Shoney's, the combined impact fee of those projects is about $160,000 and the dedication value is much less; so, there will be a surplus impact fee that they will have to. pay prior to the building permit, and they are doing this voluntarily. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously (4-0), Commissioner Bird being absent. 22 SEWER FORCE MAIN WEST SIDE U.S.#1 (10TH TO 4TH STS.) ASSESSMENT RESOLUTIONS 1 AND 2. The Board reviewed the following memo from Engineer McCain of the Utilities Department: DATE: AUGUST 16, 1990 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILITY SERVICES PREPARED WILLIAM F. MICA AND STAFFED CAPITAL PROJ S ANG EER BY: DEPARTMENT OF Y SERVICES SUBJECT: SEWER FORCE MAIN, WEST SIDE OF U.S. #1 FROM 10TH TO 4TH STREETS INDIAN RIVER COUNTY PROJECT NO. US -88 -22 -CCS ASSESSMENT RESOLUTIONS 1 AND 2 BACKGROUND The staff of the Department of Utility Services originally brought Resolutions 1 and 2 for this project to the Board of County Commissioners on May 1, 1990. Since that time, the project was put out to bid. The bids all came in too high and were subsequently rejected. The project was put on hold. To compound problems, several necessary easements were unobtainable. Due to these obstacles, the project has now been redesigned, a revised assessment has been prepared, and we are bringing revised Resolutions 1 and 2. to the Board for approval. ANALYSIS The Resolutions currently being brought to the Board will supersede the original Resolutions (90-53 and 90-54). The total cost to be assessed on a square footage basis is $97,125.00. This cost covers the force main construction cost and the engineering fee. The total square footage is 460,616.0 square feet, which equates to 0.210858937 dollars per square foot. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the attached Resolutions, and set the date for the public hearing. Commissioner Scurlock noted that as he commented earlier, Item 6E on the Consent Agenda seems to be the same.as this item, but actually it simply cancels the original bid for the reasons explained in the above memo. A U � 9. R 1990 BOOK 81. PAGE �a AUG 2819' ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Wheeler, the Board unanimously (4-0) adopted Resolutions 90-95 and 90-96,.,providing for the installa- tion of the sewer force main and the assessments and setting a date for the public hearing. RESOLUTION NO. 90-95 A RESOLUTION OF INDIAN RIVER COUNTY PROVIDING FOR A SEWER FORCE MAIN TO BE INSTALLED IN THE WEST SIDE U. S. #1 FROM TENTH TO FOURTH ; __PROV-IDINC THE OD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALL- MENTS, AND LEGAL DESCRIPTION OF AREAS SPECIFICALLY SERVED. WHEREAS, the Board of County Commissioners of Indian River County has determined that the improvements herein described are necessary to promote the public welfare of the county and has determined to defray the cost thereof by RESOLUTION NO. 90-96 A RESOLUTION OF INDIAN RIVER COUNTY SETTING A TIME AND PLACE AT WHICH THE OWNERS OF PROPERTY ON THE WEST S I DE OF U.S. #1 FROM TENTH TO FOUR OTHER INTERESTED PERSONS MX7 PEAR BEFORE THE BOARD OF COUNTY COMMISSIONERS AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF CONSTRUCTING A SEWER FORCE MAIN, AS TO THE•COST THEREOF, AS TO THE MANNER OF PAYMENT THEREFOR, AND AS TO THE AMOUNT THEREOF TO BE SPECIALLY ASSESSED AGAINST EACH PROPERTY BENEFITED THEREBY. WHEREAS, the Board of County Commissioners of Indian River County has, by Resolution No. 90-95 , determined that it is necessary for the public welfare of the citizens of RESOLUTIONS 90-95 AND 90-96 ARE ON FILE IN THE OFFICE OF CLERIC TO THE BOARD IN THEIR ENTIRETY. 24 GENERAL DISCUSSION ON REVISED CODE OF ORDINANCES - TITLE I Attorney Vitunac referred the Board to the following and asked for their comments: TO: Board of County Commissioners 1 FROM: Charles P. Vitunac, County Attorney DATE: August 22, 1990 RE: GENERAL DISCUSSION ON REVISED CODE OF ORDINANCES - TITLE I Under separate cover, we have previously sent to you proposed Title I, minus Chapter 105, Purchasing, to the new revised Indian River County Code of Ordinances. This was provided to you so that you would have additional time to review this information ahead of receiving your agenda packets. Chapter 100 of Title I should be adopted close to the t i me the Land Development Regulations are adopted as Title IX. The LDRs are scheduled for a September 11, 1990 public hearing. We plan to advertise Title I for September 18, 1990, if the Board concurs. TO: Commissioner Carolyn K. Eggert Charles P. Vitunac - County Attorney Liz Forlani - Executive Aide FROM: Terrence P. O'Brien - Assistant County Attorney wcl) DATE: August 23, 1990 SUBJECT: REVISIONS TO CODE OF ORDINANCES - TITLE I In order to facilitate reference to the changes discussed at our meeting of August 22, 1990 the following represent my recorded changes. 1. Section 101.02 Delete "November" insert "January" ('two places) 2. Section 102.01(d)` Delete "Executive Aide" 3. S.ection 102.04 Proclamations and Insert "County Administrator" I Delete proposed order of business - Insert current order of busi.ness amended to Include uRL+bli-c- Presentations" 25 AUG� 1990 2 '•1 4. Section 103.02(a) Delete (a) Insert the following: 'Ifa) Terms, reappointment and (vacancies. Unless specified otherwise, the regular term of office shall be two years. Members may serve until their successors are appointed.' Members may be reappointed. Vacancies shall be filled for the unexpired term." S. Section 103.02(h) Add at the end of the last sentence "upon request!' 6. Section 103.02(1) Add before the sentence beginning "Each Commission" the phrase: "A County Commissioner, if a member of a Commission or Board, shall chair that Commission or ' Board; otherwise," 7. Section 103.03 Add a new paragraph (e) to read as follows: "(e) Indian River County Environmental Control Board. There is hereby created the Indian- River County Environmental Control Board pursuant to the. authority and procedures of Chapter 85-427, Laws of Florida. The Board shall be constituted and have powers and responsibility as set forth In said Laws of Florida. It shall appoint a five -member Hearing Board pursuant to and with powers provided by said Laws of Florida." 8. Section 103.05(b) Delete everything after the first sentence and delete from the first sentence the word "staggered". Chairman Eggert suggested under the Agenda list, Item 7, where it now says Clerk of Court, possibly that should be changed to read Constitutional Officers. Chapter 100 - Attorney Vitunac noted that Chapter 100, General Provisions, is a technical chapter that is mainly legal. The Chairman asked if anyone had any questions or comments on Attachment "A" Title I. She noted that she and Executive Aide Liz Forlani, who reviewed these chapters, had a question on Section 100.02 (e) Computation of time, but were informed that it is as defined in state law. Attorney Vitunac informed the Board that Chapter 100 sets the rules that apply to all chapters; it sets fines, explains the appeal process, and tells people how to work through the system. 26 This chapter contains the standards that are necessary for all the rest of the Code to follow. Commissioner Scurlock had a question on appeals in relation to the Fire District. He noted that at one time we had a difficult situation where there was some difference of opinion about having the Board sit as the final arbiter of the decision rendered by the Fire Chief on a termination. Attorney Vitunac advised that the Fire Districts will be covered under the Special Districts Chapter. Commissioner Scurlock believed an employee of the Board has the ability to go through Mr. Chandler and appeal and have a final hearing before the 5 Commissioners, and asked if it is the same process under Special Districts. Attorney Vitunac advised the Fire District would come through Mr. Chandler as Fire Administrator and then to the Board as the Fire Commissioners. Administrator Chandler confirmed that, in terms of the Fire District, that would be covered by union contracts and their grievance procedure, which is on up through the Chief, through Doug Wright, and ultimately to the Commission. Chapter 101 - Attorney Vitunac referred to Chapter 101, Section 101.01, Composition of Board of County Commissioners, and brought up the question of possibly electing a new Chairman and Vice Chairman in November after the general elections in the event the Commissioners holding those offices are not re-elected to the Board. After some discussion about the fact that you could have a Chairman pro tem for the interim, it was the consensus that it has worked well to elect the new Chairman and Vice Chairman at the first Board meeting in January and that this is the way it should continue. There were no further comments on Chapter 101. 27 AUG 2 8 1996 a��oK PAGE 9 r AUG 2 8 1990-� Chapter 102 - Board of County Commissioners Meetings and Procedures. Attorney Vitunac noted that this sets out the names of the 3 County Officers and their duties and the Board/employee relationship. The recommended changes%have to do with the agenda. Since this was written, the agenda has switched to the Administrator; so, the words "Executive Aide" in 102.01 should be changed to read "County Administrator." In 102.04, we use the same agenda format presently used, changing Public Presentations to Proclamations and Presentations and changing Clerk to the Board to Constitutional Officers. Chairman Eggert discussed the inclusion of Matters by the Public, but noted there is some question if we should have this. Commissioner Scurlock commented that the only thing he sees is that there are a number of policies that we historically chose to follow but that have never been put down in writing, and he did not see any attempt to do that here. For example, it has been our policy that if a Commissioner has a conflict or feels a conflict, not only do they file the appropriate papers, but they physically leave the room. We also have had a policy that if something is turned in by Wednesday before the next meeting, anyone will be put on the agenda. He just felt all these various type things should be spelled out. He further noted that we have not adopted Roberts Rules of Order. Attorney Vitunac believed that is covered under 102.06, and that (f) really spells it out. He believed Roberts Rules actually stifle debate. Commissioner Wheeler noted that our meetings are run very openly, and he personally thought having it governed by 3 votes works well. Commissioner Scurlock further noted that in regard to appointments to the various boards, we have had rather general policies that are not specifically set down. Chairman Eggert agreed that on the P&Z Commission, we tradi- tionally have said we would make one appointment from each 28 Commission District. She suggested that unless someone sees a real problem with the ordinance, that Board members just jot down a list of policies they can think of that have been good traditions, and we can put together and have a policy and procedures section that we can adopt. Commissioner Bowman had a problem with 102.06 where it says the Presiding Officer may debate or make a Motion from the chair. She did not think you can do that without passing the gavel. Commissioner Scurlock agreed that in the 12 years he has been on the Board that the Chairman of the Commission has never made a motion unless they passed the gavel. He believed this came about due to the feeling that the Chairman, other than running the meeting, has no greater or lesser authority than any other Commissioner, and the intent was to keep that in balance. Chairman Eggert agreed that is traditional and no one has had a problem with it. She personally had no problem with the Chairman seconding, but she also had no problem with the Chairman not making a Motion. Commissioner Scurlock felt the only time this can become a problem is if only three Commissioners are present, and he believed we have always asked the people appearing if they are unhappy about having their matter heard by less than a full Board, and said that, if so, the matter could be tabled. Attorney Vitunac suggested this be changed to say the Presiding Officer may not move, but may second or debate from the chair. Discussion ensued about turning the gavel over to the County Attorney for nominations for Chairman or Vice Chairman, and it was agreed to say: the Presiding Officer may not move, except for nominations, but may second and debate."...... Lengthy discussion then followed in regard to requiring a unanimous vote to add anything to the agenda, and it ultimately was the consensus to stay with requiring a unanimous vote to add emergency items to the agenda. 29 AUG 2 8 1990 I�dr►K �:� Far,F �� AUG 23 1990 BOOK ma Chapter 103 - Commission and Boards. Attorney Vitunac referred to 103.02 and felt that Ch firman Eggert had a good point under (a) in regard to stating that the regular term of office shall be two years "unless specified otherwise." Chairman Eggert referred to (h) and did not know that it is necessary for all the Board members to receive minutes of every committee meeting. Commissioner Scurlock agreed that if you are interested in some particular matter, you should just request those certain minutes. Chairman Eggert suggested adding to (h) "upon request." She then referred to (i) and noted that if a Commissioner is a member of any board, they are to be the chairman of it. It was noted that the Environmental Control Board was created after the original draft, and that will be added. Commissioner Scurlock asked if we have anything in here about committees that sunset being reactivated. It was felt that could be included in the Resolution that creates that committee. Chairman Eggert believed we can go through the committee list in January, which is the time we are re -appointing, review all these, and see if we want to sunset any. Chairman Eggert commented that since the Tourist Development Council has already been formed, in 103.05 (b) we should delete the entire part of the paragraph beginning with the words: "Initially the board of county commissioners shall appoint....." because we don't need that any more. In addition we should take out the word "staggered," and paragraph (b) would end after the words "terms of four (4) years." It was agreed this should be done. Commissioner Wheeler brought up unexpired terms, and it was noted that this was dealt with under general rules. 30 _M M _ M Chapter 104 - Personnel. Attorney Vitunac advised that the Personnel policy will not be in this Code; it will be Chapter 105; and the Purchasing Ordinance is being rewritten. Commissioner Scurlock commented that the feeling is that the more complex a purchasing ordinance is, the more it protects the county, but he has found that to be the reverse. He believed the City of Vero Beach has done an excellent job with theirs which is quite short. Administrator Chandler believed that is what the Board will see when it is brought back to them. Attorney Vitunac stated that if the Commissioners will go over all this, he will put it on the agenda for September 18th, and then will send this and the LDR Ordinance to Tallahassee at the same time. INDIAN RIVER BOULEVARD, PHASE IV - KENNEDY PARCEL Attorney Vitunac reviewed the following memo from Asst. County Attorney Collins, noting that, especially in view of the difference being only $8,000 and the possibility of having to deal with multiple lawyers, staff would recommend acceptance of the counter -proposal: Ii `�I 31� ;, or, v �iI 8 AUG 28 1990 i TO: The Board of County Commissioners FROM: pC, William G. Collins ll,,- Assistant County Attorney DATE: August 22, 1990 SUBJECT: Indian River Boulevard, Phase IV - Kennedy Parcel On August 21st, at the direction of the Board, I advised Mr. Cooksey that the Board would be willing to: 1. Purchase the "Kennedy" right-of-way and uneconomic remainder for $165,000.00; or 2. Purchase the "Kennedy" right-of-way only for $137,000.00; or 3. Condemn the property. Mr. Cooksey presented the alternatives to his client. Mr. Kennedy counter -proposed to sell the right-of-way only for $145,000.00. RECOMMENDATION In view of the costs of condemnation, especially since up to four or five lawyers may represent the different beneficiaries of the Kennedy Estate, I recommend accepting the counter -proposal. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Bowman, the Board unanimously (4-0) authorized acceptance of the counter -proposal as described above. (R/W PURCHASE AGREEMENT ON FILE IN OFFICE OF CLERK TO THE BOARD) NORTH COUNTY FIRE The Chairman announced that immediately upon adjournment, the Board of County Commissioners would reconvene sitting as the District Board of Fire Commissioners of the North Indian River County Fire District. Those Minutes are being prepared separately. 32 There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 10:10 o'clock A.M. ATTEST: 33 0 Cha i n mor 61 I-Avu 14