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HomeMy WebLinkAbout11/27/1990BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA REGULAR MEETING NOVEMBER 27, 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. V. CALL TO ORDER 2. INVOCATION None 3. PLEDGE OF ALLEGIANCE Comm. Margaret C. Bowman 4. ADDITIONS TO THE AGENDA/ EMERGENCY ITEMS Item 10A. Re Joint meeting with Sebastian Item 10B. Ralph Lundy - Request for Carnival at Gifford Park Item 11G. Order of Taking-.I.R.Blvd. WITHDRAWN - 11H (3) Utilities item re 82nd Ave. Line Extension 5. PROCLAMATION AND PRESENTATIONS None 6. APPROVAL OF MINUTES Regular Meeting , of 10/2/90 Regular Meeting of 10/16/90 7. CONSENT AGENDA A. Proclamation designating week' of Dec. 9-15 as Drunk and Drugged Driving Awareness Week B. Release of County Utility Liens (memorandum dated Nov. 19, 1990) C. Ewar/Williams Property (memorandum dated Nov. 15, 1990) D. Release of Retainage to Schopke Construction Engineering, Inc. ( memorandum dated Nov. 19, 199o) BOOK i I PtuE NOV 27 1990 I NOV 2 7 1990 [BOOK FA'U � 7. CONSENT AGENDA (cont'd) E. Approval of Out -of -State Travel for Comm. Wheeler to attend NACO Justice & Public Safety Steering Comm. Annual Retreat - Litchfield Park, Arizona, Jan. 10-13, 1991 8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES None 9:05 a. m. 9. PUBLIC ITEMS A. PUBLIC DISCUSSION ITEMS None B. PUBLIC HEARINGS 1. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CREATING AN EMERGENCY SERVICES DISTRICT, BEING A SPECIAL DEPENDENT TAXING DISTRICT OF THE BOARD OF COUNTY COMMISSIONERS FOR THE PROVISION OF FIRE, RESCUE, EMERGENCY MEDICAL SERVICES, AND OTHER EMERGENCY SERVICES IN ALL OF INDIAN RIVER COUNTY EXCEPT FOR THE TOWN OF INDIAN RIVER SHORES, PROVIDING FOR AN ELECTION TO BE HELD AUTHORIZING THE DISTRICT TO LEVY AN AD VALOREM TAX OF UP TO THREE AND ONE-HALF MILLS, PROVIDING FOR REPEAL OF THE THREE EXISTING DEPENDENT SPECIAL TAXING FIRE DISTRICTS FOR THE NORTH, WEST, AND SOUTH COUNTY; AND PROVIDING FOR AN EFFECTIVE DATE ( use additional backup material from 11/6/90 meeting) 2. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ON BEHALF OF THE NORTH INDIAN RIVER COUNTY FIRE DISTRICT, INCREASING THE AUTHORIZED AD VALOREM TAXING POWER OF THE DISTRICT FROM ONE MILL TO THREE MILLS; PROVIDING FOR A REFERENDUM OF THE QUALIFIED ELECTORS OF THE DISTRICT TO BE HELD MARCH 12, 1991; AND PROVIDING AN EFFECTIVE DATE ( use additional backup material from ' 11/6/90 meeting) 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. COMMUNITY DEVELOPMENT Public Nuisance Violation - Freeman Doyle - Oslo Park Subdivision Unit No. 213, Lot 11, Block F, According to the Plat Thereof as Recorded in Plat Book 4, Page 24 of the Public Records of Indian River County, Florida (memorandum dated Nov. 16, 1990) � � r 3 _ NOV 2? 0 11. DEPARTMENTAL MATTERS (cont'd) B. EMERGENCY SERVICES 1. Approval of Resolution Adopting the County Peacetime Emergency Plan ( memorandum dated Nov. 14, 1990 ) 2. Approval of Tower Space Lease for Paging Network of Florida, Inc. ( memorandum dated Nov. 19, 1990 ) C. GENERAL SERVICES None D. LEISURE SERVICES None E. OFFICE OF MANAGEMENT AND BUDGET None F. PERSONNEL None G. PUBLIC WORKS None H. UTILITIES 1. West Regional Wastewater Treatment Plant Expansion Phase II ( memorandum dated Nov. 15, 1990 ) 2. North County Wastewater Treatment System ( memorandum dated Nov. 16, 1990 ) 3. C.O. No. 3 (82nd Ave. Line Extension) with Owl & Assoc. for the 82nd Ave. Force Main ( memorandum dated Nov. 7, 1990 ) 4. Eighth Street Water Main Extension ( memorandum dated Nov. 16, 1990 ) 12. COUNTY ATTORNEY None 13. COMMISSIONERS ITEMS A. CHAIRMAN CAROLYN K. EGGERT B. VICE CHAIRMAN RICHARD N. BIRD C. COMMISSIONER MARGARET C. BOWMAN D. COMMISSIONER DON C. SCURLOCK, JR. NOV 2 7 1990 BOOK 82 F'AGE NOV 2 7 1990 BOOK 82 F'AGE 13. COMMISSIONERS ITEMS (cont'd) E. COMMISSIONER GARY C. WHEELER 14. SPECIAL DISTRICTS 1. GSX Additional Proposed Services Contract Authorization ( memorandum dated Nov. 13, 1990 ) 2. Approval of Minutes of 10/16/90 Meeting 15. ADJOURNMENT ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE AT THIS MEETING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL WILL BE BASED. Tuesday, November 27, 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, November 27, 1990, at 9:00 o'clock A.M. Present were Carolyn K. Eggert, Chairman; Richard N. Bird, Vice Chairman; Margaret C. Bowman; Don C. Scurlock, Jr.; and Gary C. Wheeler. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, Attorney to the Board of County Commissioners; and Virginia Hargreaves, Deputy Clerk. The Chairman called the meeting to order, and Commissioner Bowman led the Pledge of Allegiance to the Flag. Commissioner Bird left the Chambers temporarily. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Eggert asked that two items be added under the County Administrator's matters - 10 A. re a Joint Meeting with Sebastian, and 10 B. Ralph Lundy's Request for a Carnival at Gifford Park. She also requested the addition under Public Works as 11 G. an Order of Taking for Indian River Boulevard, and asked that Item 11 H (3) under Utilities re the 82nd Avenue Line Extension be withdrawn. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Wheeler, Commissioner Bird being temporarily out of the room, the Board unanimously (4-0) added to and withdrew items from the Agenda as described above. NOV 2 W 1990 I NOV 2 l 1990 BOOK 82 PAGE OC APPROVAL OF MINUTES The Chairman asked if there were any additions or correc- tions to the Minutes of the Regular Meeting of October 2, 1990. There were none. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Bowman, Commissioner Bird being temporarily out of the room, the Board unanimously (4-0) approved the Minutes of the Regular Meeting of October 2, 1990, as written. The Chairman asked if there were any additions or correc- tions to the Minutes of the Regular Meeting of October 16, 1990. There were none. ON MOTION by Commissioner Wheeler, SECONDED by Com- missioner Scurlock, Commissioner Bird being temporarily out of the room, the Board unanimously (4-0) approved the Minutes of the Regular Meeting of October 16, 1990, as written. CONSENT AGENDA A. Proclamation - Drunk and Drugged Driving Awareness Week ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Wheeler, Commissioner Bird being temporarily out of the room, the Board unanimously (4-0) approved the following Proclamation designating the week of December 9-15, 1990 as DRUNK AND DRUGGED DRIVING AWARENESS WEEK. 2 PROCLAMATION WHEREAS, driving under the influence (DUI) of alcohol or controlled substances contributes significantly to fatalities and injuries each year on Indian River County's highways; and WHEREAS, the State of Florida is providing assistance to local governments in development of community-based traffic safety programs with DUI emphasis; and WHEREAS, citizen advocacy groups, such as Mothers Against Drunk Driving (MADD), Students Against Driving Drunk (SADD), Remove Intoxicated Drivers (RID), and Boost Alcohol Consciousness Concerning the Health of University Students (BACCHUS) are increasing their efforts to reduce the incidence of driving under the influence in Florida; and WHEREAS, it is necessary that each citizen becomes more keenly aware of and knowledgeable concerning the problem of driving under the influence and the penalties that are imposed under Florida's DUI law; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the week of December 9-15, 1990, shall be designated as DRUNK AND DRUGGED DRIVING AWARENESS WEEK in Indian River County, and all citizens are urged to become more cognizant of the intoxicated driver problem and to support efforts within the County to reduce the incidence of driving under the influence. Dated this 27th day of November, 1990 BOARD OF COUNTY C014MISSIONERS INDIAN RIVER COUNTY, FLORIDA i� CAROLYN EGGERTIAIRMAN 3 BOOK � 2 PA, -f NOV 27 1990 NOV 2 ? 19N 8,2 B. Release of County Utility Liens The Board reviewed memo from Lea Keller, CLA: TO: The Honorable Board of County Commissioners FROM: Lea R. Keller, CLA, County Attorney's Office DATE: November 19, 1990 RE: CONSENT AGENDA - BCC MEETING 11/27/90 RELEASE OF_COUNTY UTILITY LIENS I have prepared the following routine lien releases and request that the Board authorize the Chairman to execute them: Release of Water Assessment Lien SUMMERPLACE In the name of STRAND .Release of Water Assessment Lien SUMMERPLACE in the name of SCHMITZ Release of Sewer Assessment Lien ROCKRIDGE in the name of McMAHON 'Release of Sewer Assessment Lien ROCKRIDGE in the name of PRIESTLY Release of Sewer Assessment Lien ROCKRIDGE in the name of ZIER Release of Sewer Assessment Lien ROCKRIDGE In the name of SABONJOHN Release of One ERU Sewer Reservation State Road i#60 In the name of CENTURY GROUP Satisfaction for Payment of Impact Fees in the name of BARRESI Satisfaction for Payment of Impact Fees in the name of WILLIAMS Satisfaction for Payment of Impact Fees In the name of HUGHES Release of Two ERUs from NORTH COUNTY SEWER ROLLS in the name of PELICAN POINTE CORP. Information for the above documents is on file .in the County Attorney's Office. --OI`d MOTION by Commissioner Scurlock, SECONDED by Com- missioner Wheeler, Commissioner Bird being temporarily out of the room, the Board unanimously (4-0) authorized the Chairman to execute the Release of Liens and Satisfaction for Payment of Impact Fees listed above. COPIES OF SAID DOCUMENTS ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD. 4 C. Ewar/Williams Prop. Settlement (Booker T. Washington Addtn.) The Board reviewed memo from Assistant County Attorney Terrence O'Brien: TO: Carolyn K. Eggert, Chairman Board of County Commissioners FROM: Terrence P. 0' Brien Assistant County Attorney d DATE: November 15, 1990 SUBJECT: EWAR/WILLIAMS PROPERTY The Commission at the November 6, 1990 regular meeting authorized the purchase of the subject property on the condition that the owners presented evidence of rental at $250.00 per month. Ms. Williams delivered to me four (4) rent receipts (copy attached) on November 14, 1990, along with the signed "Stipulated Settlement Agreement". This Agreement is now ready for execution by the County. We can look forward to a closing in December or early January. This will provide the tenant sufficient time to find a place to live and move out. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Wheeler, Commissioner Bird being temporarily out of the room, the Board unanimously (4-0) authorized the Chairman to execute the Stipulated Settlement Agree- ment with Greville Ewar and Mary Williams as recommended by }he County Attorney's office. SAID AGREEMENT IS ON FILE 1N THE OFFICE OF CLERK TO THE BOARD. N d 112 g? 1990 5 BOOK,�U � FACE WOV 27 1990 ->, D. Release of Retainage to Schopke Const. Engineering The Board reviewed memo from the OMB Director: TO: Members of the Board of County Commissioners DATE: November 19, 1990 SUBJECT: RELEASE OF RETAINAGE TO SCHOPKE CONSTRUCTION ENGINEERING, INC. FROM: Joseph A. Baij OMB Director DESCRIPTION AND CONDITIONS North County Library is substantially complete and the contractor, "Schopke Construction and Engineering, Inc., is requesting a payment of $99,361.60 of which $87,318.60 is retainage. The payment will leave $18,466.38 in retainage. RECOMMENDATION Staff is requesting authorization to pay request #9 from Schopke Construction and Engineering, Inc. in the amount of $99,361.60 and permission to release the remaining retainage upon approval of the Architect, Construction Manager and County Administrator. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Wheeler, Commissioner Bird being temporarily out of the room, the Board unanimously (4-0) authorized staff to pay request #9,from Schopke Construction in the amount of $99,361.60 and to release the remaining retainage upon approval of the Architect, Constrciction Manager and County Administrator. E. Out -of -County Travel ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Wheeler, Commissioner Bird being temporarily out of the room, the Board unanimously (4-0) approved out -of -State Travel for Commissioner Wheeler to attend NACO Justice 6 Public Safety Steering Comm. Annual Retreat, Litchfield Park, Arizona, Jan. 10-13, 1991. 6 (Commissioner Bird returned to the Commission Chambers.) ORDINANCE CREATING A COUNTYWIDE EMERGENCY SERVICES DISTRICT (EXCEPT FOR INDIAN RIVER SHORES) AND REFERENDUM, ETC. The hour of 9:05 o'clock A.M. having passed, the De.Nty Clerk read the following Notice with Proof of Publication attached, to -wit: VERO BEACH PRESS -JOURNAL c• .: I ° NOTICE t j - •'..?". � i i �t PUBLIC HEARING Published Dail y The Board of County Commissioners of indiani River County. Florida, hereby provides notice of! a Public Meering scheduled for 9:05 A.M. oni Vero Beach, Indian River Cotinty, Florida Tuesday. November 27. 1990, to discuss a pro - posed ordinanceentnled:. :.::., •.,, -.. _• AN ORDINANCE OF' INDIAN RIVER ' - COUNTY OF INDIAN RIVER: STATE OF FLORIDA COUNTY. FLORIDA, CREATING AN EMERGENCY SERVICES DISTRICT, g y personal) appeared J. J. Schumann, Jr. who on oath Before the undersigned authority y pp AX - BEING A SPECIAL DEPENDENT OF ING DISTRICT OF THE BOARD OF says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published COUNTY COMMISSIONERS FOR THE .. at Vero Beach in Indian River County, Florida; that,the attached copy of advertisement, being RESCUE. GENCYPOVIIONOFIRE,RCES AND OTHER EMERGENCY SERVICES IN ALL ' `/� dej. OF INDIAN RIVER COUNTY 'EXCEPT a ll :. , Y, 'FOR THE -TOWN OF INDIAN- RIVER .• ; SHORES; PROVIDING FOR AN ELEG.TION TO HELDY IZIG THE TO in the matter of DISTRICT LEVAN VALOREM I TAX OF UP TO THREE AND ONE-HALF . - MILLS; PROVIDING FOR REPEAL OF 'THE THREE EXISTING DEPENDENT SPECIAL TAXING FIRE DISTRICTS FOR THE NORTH, WEST, AND SOUTH in the Court, was pub- COUNTY; AND PROVIDING FOR AN EF. FECTIVEDATE. / �7 Y,,O_�_ / ✓ An one whom wish to a which may be made at this meetingwill need to lashed in said newspaper in the issues of.— ensure that a verbatim record of theproceedings Is made, which Includes testimony and suede... Upon which the appeal Is based, c I November 1. 1990737082 2 Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously pLblished in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, fora period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate. commission or refund for the purpose of securing this ^2`j°037 `� advertisement for publication in the said newspaper. ,, Sworn to and subscribed before me thisy of . 19 No �) CD � t� a Q v ► n cZ o9 0 G _ / (Business Manager) ,7� �5 (SEAL) Nowy Public; We of Florid& My Commission Exph= Juno 29; IS►'9S Director of Emergency Services, Doug Wright, noted that he will be brief because they have been to 3 of the 4 municipali- ties so far and provided them with substantial information about the Ad Hoc Committee plan. The public hearing today is largely related to the two ballot questions. The North County residents will vote on two ballot questions - one dealing with the creation 140 r? 1990 AA NOV 2719,90 BOOK 82 PAGE I1 of a District and the other dealing with a funding mechanism for that one year interval. The North is the only one of the three Districts that has the one mill cap, and in that interval from October 191 to October'92, there is not sufficient money under the 1 mill currently authorized to fund what they have planned for the two north stations. Another thing that impacted us is that you cannot create a district in the middle of the year. Since the referendum is approved for March in the Spring of 1991, we cannot effect the process to create the district until January of 1992; therefore, if the district is approved by the voters, it would be created as of October 1, 1992. If this referendum passes, the current 3 districts will be repealed. Director Wright noted that in prior handouts, you will see a note referring to 31 mills, and he did not wan this misunder- stood. He stressed that the 1/2 mill above the 3 mills is no -t additional taxes; we would simply be moving the ALS out of the General Fund into the Special District, and that 1/2 mill is already being paid by all the county residents at this time. It is not new taxes. Director Wright then reviewed their plans for the next 6 fiscal years for new equipment, personnel, location of stations, etc., noting that in FY 95/96 they have removed the Mall station originally planned and that decreases the millage substantially in the 6th year. There is no new personnel or capital equipment included in that last year because they think by that time they would have built the stations needed in the foreseeable future and wirl-essentially have an emergency service district in place with the personnel and equipment to be able to function as a single entity. Director Wright stressed that they feel the resources can be better used when those services are combined. Director Wright next listed the benefits that could be obtained from voter approval of consolidation: 1) There would be a timely and certain response with profes- sionally trained staff supplemented by volunteers. (Director 8 Wright stressed the "certain" response because there have been cases in the North County when there was no response.) 2) Feel there would be more and improved equipment as they will be able to combine housing EMS and fire personnel at one location. This plan would give us 11 levels of back up, and that means there is less risk to any one area of the county. 3) Single channel dispatch and centralized training. 4) Countywide fire prevention program. 5) Improved response time. 6.) Emergency services working together and sharing resources to keep costs to a minimum. 7) There would be some revenue producing services. (Indian River Shores chose not to be a part of this, and we can no longer provide them secondary backup service without a fee involved. Director Wright explained that Indian River Shores has a single level response set up; i.e., their firemen, police and EMS all perform the same function, and if firemen are out on a call, you don't have paramedics available.) Commissioner Scurlock believed a couple of years ago we negotiated a similar type agreement with Osceola County relating to the cost of equipment and man power used. Director Wright referred to the complex nature of training needed today, stressing that there are 30 different kinds of medications on board the ambulances that can be administered, and you can't afford a mistake any more. He was proud that we have had 16,000 EMS runs and have not had one lawsuit nor even been involved in any litigation. Commissioner Scurlock felt we need to stress this aspect of the service when educating the public, and Director Wright agreed and advised that just over the weekend, three lives have been saved by EMS staff that would have been lost otherwise. Commissioner Bird asked if Winter Beach station eventually will be phased out when Grand Harbor and Orchid have stations, and this was confirmed. Director Wright noted that land for a fire station on Indian River Boulevard will be coming to the County from the Grand Harbor Development Order. Commissioner Scurlock wished to know just how difficult it will be the way we structured this to expand the District to � NOV27 `1 9 800K b, PAUGE 16 NOV 2 7 199 13��14 8 PAGE 1 include the Town of Indian River Shores if they at some point realize the benefit of participating in the district. Attorney Vitunac advised that all we would have to do is repeal the ordinance and put the service under the county, and it is done in a matter of 2/3 weeks. Commissioner Scurlock wished to be sure that we have built in enough flexibility to be able to include them in the District some time, but Attorney Vitunac explained that we are not in- cluding them in the District - the District would disappear and it would become a County department. If you want to expand the District and make it countywide, you would have to go through a referendum, and you would have to have a countywide ordinance approved by all the cities allowing the Shores to come in, and then you would have to have a referendum just in the Shores for the taxing power. Commissioner Scurlock commented that he believes the District, if it passes, will be here for a long time. The inptit he has gotten from the municipalities is that they feel the structure of the District provides them with a better level to voice their concerns through the Advisory Committee. He does feel that the Advisory Committee is a really integral part of all this, and he would prefer to be able to add the Shores rather than abolish the District. Director Wright stressed that he did not want the Board to feel that staff is underestimating the magnitude of the job ahead of us to educate the public and explain what we are trying to accomplish - the benefits - the millage - etc. For this purpose, they are developing a brochure that will set this out clearly in laymen's terms. They will be distributing this brochure and also will have a speaker's bureau arranging dates to address different groups. Commissioner Scurlock noted the actual budget could be stated to be more or less an upside type of budget. It is actu- ally a not -to -exceed program, and if our growth is slowed down, 10 - M for instance, he believed there would be the possibility of delaying the implementation of the phasing out of Station 5. Administrator Chandler assured him this could be done. Chairman Eggert felt we should note again that there has been a change in the millage information given us and what was the total of 2.6906 for the 6th year is now 2.6110 with the , removal of the DeBartolo Mail. Director Wright believed it is important to note that in the next 6 years if the Districts continued to stand alone, the South County District very probably would have to go back to the voters to expand their 3 mill cap, but with consolidation, he did not feel that would happen,. He stressed they have tried to develop a conservative plan they can live with, and that plan says every citizen in the county will receive the same level of service. Commissioner Scurlock agreed that the projected figures are conservative, especially since we have a 3 year contract with the Union on wages. Chairman Eggert also felt that, as far as the North County is concerned, if there were to be major growth at 1-95 and 512, there is flexibility in the plan to allow for that. The Chairman asked if a—hyone wished to be heard on the proposed ordinance regarding the creation of an emergency services district with a tax levy cap of up to 31 mills. There were none, and she thereupon closed the public hearing. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Wheeler, the Board unanimously adopted Ordinance 90-25, creating an Emergency Services District, providing for an election to be held author- izing levy of up to 31 mills, etc. 11 I NOV 21 199 500K 8 2, f'AGE ORDINANCE NO. 90- 25 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CREATING AN EMERGENCY SERVICES DISTRICT, BEING A SPECIAL DEPENDENT TAXING DISTRICT OF THE BOARD OF COUNTY COMMISSIONERS FOR THE PROVISION OF FIRE, RESCUE, EMERGENCY MEDICAL SERVICES, AND OTHER EMERGENCY SERVICES IN ALL OF INDIAN RIVER COUNTY EXCEPT FOR THE TOWN OF INDIAN RIVER SHORES; PROVIDING FOR AN ELECTION TO BE HELD AUTHORIZING THE DISTRICT TO LEVY AN AD VALOREM TAX OF UP TO THREE AND ONE-HALF MILLS; PROVIDING FOR REPEAL OF THE THREE EXISTING DEPENDENT SPECIAL TAXING FIRE DISTRICTS FOR THE NORTH, WEST, AND SOUTH COUNTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, before 1980 fire protection services were provided by the City of Vero Beach and by volunteer firemen; and WHEREAS, in 1980 the voters of Indian River 'County established the North, West, and South Indian River County Fire Districts, with differing millage caps, replacing the service provided by the City of Vero Beach; and WHEREAS, although this system has operated for approxi- mately ten years, with increasing populations and with increasing demands for professional services in all areas, the public health, safety, and welfare would now be better protected by having a unified, fairly -funded fire district which could provide professional emergency services throughout the district without regard to the old district boundaries and millage disparities; and WHEREAS, the County through the general fund has provided emergency medical services and advanced life sup -ort systems since assumption of this responsibility from the Indian River County Hospital District in 1989, and now wishes to have the new Emergency Services District provide this service; and WHEREAS, to accompli.sh this unification and expansion of duties, it is necessary that the three existing fire districts be abolished and that a new district be created, with the millage cap increased to fund the additional services; 12 M M NOW, THEREFORE, BE 1T ORDAINED by Indian River County, acting through its Board of County Commissioners, that: SECTION 1. CREATION AND BOUNDARIES OF INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT Pursuant to §125.01(5)(a), Florida Statutes, there is hereby created a dependent special taxing district of the Board of County Commissioners to be known as the Indian River County Emergency Services District. The boundaries of the district shall be all of Indian River County except for that property located within the Town of Indian River Shores. SECTION 2. PURPOSE OF DISTRICT The district shall be organized for the purpose of providing fire, rescue, emergency medical services, and other emergency services to property and persons within the district boundaries. SECTION 3. GOVERNING BODY The governing body of the district shall be the Board of County Commissioners sitting as the Board of Commissioners of the Emergency Services District. SECTION 4. POWERS OF DISTRICT The district shall have all powers necessary, convenient, or customary to provide fire protection, rescue services, basic and advanced life support services, and other emergency services to the property and people within the district. The powers shall include the power to sue and be sued, own property, issue bonds, employ personnel, make contracts, and do any other act which the Board finds is in the interest of the district. SECTION 5. TAXING ABILITY The district shall be empowered to levy an annual ad valorem property tax of not -to -exceed three and one-half mills. SECTION 6. REPEAL OF EXISTING SPECIAL DISTRICTS The North Indian River County Fire District created by 13 BOOK r„ uL NOV 27 1990 BOOK P,1GE' Ordinance No. 80-5, the West Indian River County Fire District created by Ordinance No. 80-25, and the South Indian River County Fire District created by Ordinance No. 80-32 are abolished and these ordinances repealed. All assets and liabilities of these three abolished districts shall become the property and responsibility of the new district. SECTION 7. TRANSFER OF EMPLOYEES Any and all employees of the North, West, and South Indian River County Fire Districts shall become employees of the new district without loss of seniority or pay or other incidents of value accruing by virtue of their employment by the former districts. SECTION 8. CALL FOR ELECTION There shall be an election on March 12, 1991, at which the following question shall be put before the voters of the proposed district: SHALL THE NORTH, WEST, AND.SOUTH INDIAN RIVER COUNTY FIRE DISTRICTS AND THE COUNTY EMERGENCY MEDICAL SERVICES DIVISION BE CONSOLIDATED INTO A NEW EMERGENCY SERVICES DISTRICT, BEING A DEPENDENT SPECIAL TAXING DISTRICT OF THE BOARD OF COUNTY COMMISSIONERS, COMPOSED OF ALL OF INDIAN RIVER COUNTY EXCEPT FOR THE TOWN OF INDIAN RIVER SHORES AND WITH. AN AUTHORIZED AD VALOREM TAXING POWER OF NOT -TO -EXCEED THREE AND ONE-HALF MILLS? FOR THE DISTRICT AGAINST THE DISTRICT SECTION 9. WITHDRAWAL FROM DISTRICT BY MUNICIPALITY Any municipality which desires to withdraw from the Emergency Services District may do so by adopting the appropriate ordinance so declaring by April 1st of any year 14 to be effective on October 1st of the following year; i.e., approximately eighteen months later. SECTION 10. EFFECTIVE DATE Except for Paragraph #8 of the ordinance, which shall take effect immediately on becoming law, this ordinance shall become effective and the district shall be created on October 1, 1992, if the referendum question in paragraph #8 Is adopted by the voters at an election held on March 12, 1991. Failure to adopt the referendum question shall mean that this ordinance shall not become effective and the existing fire districts shall continue unaffected by this ordinance. This ordinance was approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 27 day of _ November 1990, after being advertised in the Vero Beach Press Journal on the 1 _ day of November , 1990, for a publ is hearing to be held on the 27 day of November , 1990, at which time it was moved for adoption by Commissioner _Scur1gQk 11 seconded by Commissioner Wheeler , and adopted by the following vote: Chairman Carolyn K. Eggert Aye Vice Chairman Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Margaret C. Bowman Aye Commissioner Gary C. Wheeler Aye BOARD OF COUNTY COMMISSIONERS 1NDIANIRIVER COUNTY, FLORIDA Attest: By L2 7 Caroly K.Egger' Chair an 6,def.K arto C erk NOV 2 - 1990 15 BOOK i PAGE l NOV, 2 1990 BOOK 82, ft�6E ORDINANCE INCREASING TAXING POWER OF NORTH COUNTY FIRE DISTRICT AND PROVIDING FOR REFERENDUM The hour of 9:05 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River Codnty. Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann. Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that.the attached copy of advertisement, being a In the matter In the /C,00uuurrtt,,, was pub- o- lished in said newspaper in the issues of f/�%2� j` L,l Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant Iurther says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 02 Sworn to and subscribed before me this day of 19 i ,•- :� (Business Manager) f/ (SEAL) (Clerk-o"he-Eirevitf3ar "ndiarrRlvez ountyTFJorida)—=' _ ,_ ,_:c,Mr{I:itu=,p:�.; ,,_ _,.=r.�•> ;,kyr,:, ::: NOTICE � :,,: _: • :..;:: PUBLIC HEARING The Board of County Commissioners of Indian River County, Florida, hereby provides notice of a Public Hearing scheduled for e:05 A.M. on Tuesday. November 27, 1900, to discuss a pro- posed ordinance entltl.de'5fitu"Y' - " � .. Kf =AN ORDINANCE OF THE_'SOARD OF 'GUUIV IT WmM1301vn -no Vr RIVER COUNTY, FLORIDA, ON BEHALF OF - THE NORTH INDIAN RIVER ' COUNTY FIRE DISTRICT, INCREASING THE AUTHORIZED AD VALOREM TAX- ING POWER OF THE DISTRICT FROM ONE MILL TO THREE MILLS; PROVID- ING FOR A REFERENDUM OF THE ; ;. :.-QUALIFIED ELECTORS OF THE DIS'•'= TRICT TO BE HELD MARCH 12,1991; AND PROVIDING AN EFFECTIVE DATE. �•�. 1 + . A. _ •..1. 4nvone who may wish to appeal any decision rhich may be made at this meeting will need to ensure that a verbatim record of the proceedings, is made, which Includes testimony and evidence upon which the appeal Is based. November 1. 1990 • 737074 Director Wright stated that essentially the same information would apply. The South County voters will vote only on the District question; the North County residents will be voting on both questions. The proposed ordinance is intended to provide the transition revenue needed to continue to provide the two stations of service up there, and at one of the two stations, there will be an EMS service location. Commissioner Scurlock assumed that if this fails and the other ordinance passes, we have an emergency plan for one year, and this was confirmed. 16 Attorney Vitunac further noted that if the creation of the new district fails and this passes, the 3 mill cap will not be for just one year; it will continue at 3 mills. The Chairman asked if anyone wished to be heard. There were none, and she thereupon closed the public hearing. ON MOTION by Commissioner Wheeler, SECONDED by Com- missioner Scurlock, the Board unanimously adopted Ordinance 90-26 increasing the ad valorem taxing power of the North County Fire District to 3 mills and providing for a referendum. ORDINANCE NO. 90- 26 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ON BEHALF OF THE NORTH INDIAN RIVER COUNTY FIRE DISTRICT, INCREASING THE AUTHOR I ZED- AD VALOREM TAX 1 NG POWER OF THE DISTRICT FROM ONE MILL TO THREE MILLS; PROVIDING FOR A REFERENDUM OF THE QUALIFIED ELECTORS OF THE DISTRICT TO BE HELD MARCH 12, 1991; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in 1980 Indian River County created three separate dependent special taxing districts for the provision of fire and rescue services throughout most of Indian River County; and WHEREAS, the voters of the County approved by referendum an ad valorem taxing power of three mills for the South and West Districts and one-half mill for the North District; and WHEREAS, by subsequent referendum the voters of the North District increased the authorized millage, from one-half mill to one mill; and WHEREAS, Indian River County has proposed the creation of a new consolidated Emergency Services District, which would replace the North, West, and South Indian River County Fire Districts; and 6A M 1990 17 BOOKF tic Z -L r r� BOOK 82, FA E WHEREAS, this issue will be voted on on March 12, 1991, and if passed by the voters would take effect October 1, 1992; and WHEREAS, for the fiscal year beginning October 1, 1991, through September 30, 1992, it will be necessary for the North Fire District to increase its millage to that levied by the South and West Districts, if additional and -unified fire, rescue, and other emergency services are to be provided throughout the North, South, and West Districts until the Emergency Services District begins operation; and WHEREAS, this requires that the voters of the North District approve, in a referendum, raising their millage cap from one mill to three mills; and WHEREAS, this increase will be used for only one fiscal year if the new Emergency Services District is created; and WHEREAS, if the Emergency Services District is not approved by the voters on March 12, 1991, the adoption of the three -mill millage rate by the North District voters would allow the continuation of the three separate, dependent fire districts, but with a common millage cap so that necessary and expanded emergency services can be provided in a uniform and professional manner; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY ACTING ON BEHALF OF THE NORTH INDIAN RIVER COUNTY FIRE DISTRICT, that: SECTION 1. Section 1 of Ordinance No. 87-13, which amended Ordinance No. 80-5, as amended by Ordinance No. 84-4, is amended to read as follows: "Section 1. Authorized Millage. The North County Fire District is authorized to levy an ad valorem property tax not in excess of 660 three mills per year to raise funds for the support of the district." SECTION 2. There shall be a special election to be held March 12, 1991, within the territory of the North Indian River County 18 Fire District, at which time the following question shall be put to the qualified voters of the district: SHALL THE ANNUAL AD VALOREM PROPERTY TAX AUTHORIZED TO BE LEVIED BY THE NORTH INDIAN RIVER COUNTY FIRE DISTRICT BE INCREASED FROM ONE MILL TO NOT -TO -EXCEED - THREE MILLS, EFFECTIVE OCTOBER 1, 1991, SO THAT EXPANDED AND IMPROVED FIRE, RESCUE, AND OTHER EMERGENCY SERVICES CAN BE PROVIDED EQUAL TO THAT PROVIDED IN THE OTHER TWO FIRE DISTRICTS? FOR INCREASED MILLAGE AGAINST INCREASED MILLAGE SECTION 3. EFFECTIVE DATE This ordinance shall take effect on becoming law. This ordinance was approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 27 day of November 1990, after being advertised in the Vero Beach Press Journal on the 1 day of November , 1990, for a publ is hearing to be held on the 27 day of November , 1990, at which time it was moved for adoption by Commissioner Wheeler 11 seconded by Commissioner Scurlock , and adopted by the following vote: Chairman Carolyn K. Eggert Aye Vice Chairman Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Margaret C. Bowman Aye Commissioner Gary C. Wheeler Aye BOARD OF COUNTY COMMISSIONERS INDIANRIVER COUNTY, FLORIDA By C /c.�r �' ez�fle"'Z- CaroIyn K. Egg r 19 Chain jj BOOK 140V 2 7 1990 Boor. C: P,�6E , AGENDA FOR JOINT MEETING W/CITY OF SEBASTIAN 12/5 Administrator Chandler informed the Board that there are five items the City of Sebastian would like to have on the meeting agenda: 1) Overview of their riverfront study. 2) Maintenance of Indian River Drive. 3) North County Recreation. 4) Utilities in North County. 5) CR 512 Improvements. These are set out in the following letter from City Manager Robert McClary: City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 o FAX (407) 589.5570 November 26, 1990 Mr. James Chandler Indian River County Administrator 1840 25th Street Vero Beach, FL 32960 Re: City/County Meeting Dear Jim: This will confirm the City/County Meeting to be held on December 5, 1990 at 7:00 p.m.,,' in the first floor conference room of the County Administration Building. The City dishes to discuss the following items: 1. Riverfront study. The City Council has recently appointed a special committee to preserve and enhance Sebastian's beautiful riverfront. Since the County has jurisdiction of the -unincorporated territory to the City's north and south within the riverfront area, we feel it would be appropriate for the Count to participate in this Committee. For your information, are have enclosed a draft work program prepared by Sebastian City staff. 2. Indian River Drive. Currently, Indian River County has complete jurisdiction and maintenance responsibility for Iridian River Drive, including that portion of Indian River Drive which is within the City limits. With the anticipated riverfront district, we feel the City should have as much jurisdiction as possible over Indian River Drive, including maintenance responsibility. The City is willing to consider assuming jurisdiction and maintenance responsibility for Indian River Drive provided Indian River County will make several repairs to bring the condition of the street up to what we would consider acceptable. Currently, there are several minor pavement problems which need to be corrected and we would ask Indian River County to remove all dead and dying Australian Pines from within the right-of-way, including the stumps. 20 3. North COUnlY Recreation The City and County have jointly funded improvements to the Barber Street Sports Complex. City and County staff have worked out details on recreation programming for this facility. For your information, we have enclosed certain correspondence which outlines the approach being utilized to program the facility. We would like to review the status of the project, discuss its programming and to set a tone and general direction for future coordination and cooperation for North County Recreation. 4. County utilities. The City continues to maintain an fictive interest in the installation of water and sewer utilities by Indian River County. We would appreciate a briefing on the status on this project as well as discussion on how the City could continue to facilitate and work with the County for the County's acquisition of General Development Utilities water and sewer systems within the City. 5. CR S12 i morovements. The County is getting closer to constructing improvements to CR 512. Several issues affect our community, including the proposed twin -pair design of the intersection of CR 512 and U.S. #1. Also, Ve have been asked by the Friends of the Library to construct a bicycle/pedestrian way to the new North Indian River County Library. Further, we are concernedabout existing safety problems on CR 512, such as the intersection of CR 512 and Barber Street. We should appreciate a status report on the CR 512 project and an opportunity to address our concerns. We look forward to meeting with you on December 5, 1990. sincerely, )?e4�0 Robert S. McClary City Manager Commissioner Scurlock felt the riverfront study is extremely important because our sewer line goes right by there. PUBLIC NUISANCE VIOLATION (DOYLE/OSLO PARK SUBDV.) Roland DeBlois, Chief of Environmental Planning & Code Enforcement, reviewed the following: 21 800K PAGE �i FF- NOV 27 1990 BOOK PAGE TO: James Chandler County Administrator DIV N HEAD CONCURRENCE: ' � c ft6bert 14. Keating," eating, AIC;ire:ctor Community Development THRU: Roland M. DeBlois, AICP Chief, Environmental Planning & Code Enforcement i FROM: Charles W. HeathAhJ.4 Code Enforcement Officer DATE: November 16, 1990 RE: PUBLIC NUISANCE VIOLATION - FREEMAN DOYLE - OSLO PARK SUBDIVISION UNIT NO. 2B, LOT 11, BLOCK F, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 24 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of November 27, 1990. DESCRIPTION AND CONDITIONS On March 7, 1990, Code Enforcement staff sent a Notice of Public Nuisance to Freeman Doyle, concerning the overgrown weed condition and/or junk, trash, and debris accumulation on his/her property in Oslo Park Unit 2B. The Respondent was cited as maintaining the property in violation of Chapter 973 of the County Land Development Code, which prohibits the accumulation of weeds in excess of 18 inches in height within a platted recorded subdivision (where lots are at a minimum of 50% developed). Chapter 973 also prohibits the accumulation of junk, trash, and debris on property, except at approved solid waste disposal facilities or approved salvage yards. The subject property was posted as set forth in Section 973.09 of the County Code, and the Respondent was given thirty (30) days to abate the nuisance. The nuisance violation was not abated within the required thirty (30) day time period. Therefore, in accordance with Section 973.04(2), County Code, County Personnel (the Road & Bridge Division) cleared the nuisance violation, with costs to be assessed against the property owner(s). Section 973.06(1) of the County Code requires that the cost of a county nuisance abatement shall be calculated and reported to the County Commissioners, who, by resolution, shall assess such costs against the subject property. This matter is presented herein to the Board for consideration to adopt said resolution. ALTERNATIVES AND ANALYSIS Section 973.06(1), Public Nuisances, of the Indian River Land Development Code specifically reads as follows: "After abatement of a nuisance by the to the county as to each lot, parcel calculated and reported to the Board by resolution, shall assess such 22 county, the cost thereof or tract of land shall be of County Commissioners, costs against such lot, parcel, or tract of land. Such resolution shall describe the land and state the cost of abatement, which shall include an administrative cost of seventy-five dollars ($75.00) per lot. Such assessment shall be a legal, valid, and binding obligation upon the property against which made until paid. The assessment shall be due and payable thirty days after the mailing of a Notice of Assessment, after which interest shall accrue at the rate of twelve (12 ) percent per annum on any unpaid portion thereof." Cost for equipment use and labor, as indicated by the Road-& Bridge Division, plus the $75.00 administrative cost, calculates -to be: Labor $ 70.40 Equipment $ 920.00 Landfill $ 504.60 Administrative Fee $ 75.00 Total 1570.00 RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the proposed resolution assessing $1570.00 in abatement cost, in accordance with section 973.06(1), of the Indian River County Land Development Code. The Chairman asked if Mr. Doyle was present and was informed that he was not nor did anyone wish to speak for him. ON MOTION by Commissioner Wheeler, SECONDED by Com- missioner Scurlock, the Board unanimously adopted Resolution 90-172 assessing costs of County Public Nuisance Abatement on the subject property in Oslo Park Subdivision owned by Freeman Doyle as recom- mended by staff. NOV 21 1990 23 BOOK Cid mu I OV 2 7 1990 �oOK �� Fr1iE id� RESOLUTION NO. 9 0 -1 7 2 . A RESOLUTION OF BOARD OF COUNTY COMMISSIONERS OE INDIAN RIVER COUNTY, FLORIDA, ASSESSING COSTS OF COUNTY PUBLIC NUISANCE ABATEMENT ON Oslo Park Subdivision Unit No. 2B, Lot 11, Block F, according to the Plat thereof as recorded in Plat Book 4, Page 24 of the Public Records of Indian River County, Florida. ; SUCH ASSESSMENT BEING A BINDING OBLIGATION UPON THE PROPERTY UNTIL PAID. WHEREAS, the Board of County Commissioners of Indian River County has determined that the regulation of the accumulation of weeds, junk, trash, and/or debris is in the public interest and necessary for the health, safety, and welfare of the citizens of Indian River County; and WHEREAS, Chapter 973, "Public Nuisances," of the Indian River County Land Development Code defines as a public nuisance junk, trash, and/or debris accumulated on property in Indian River County other than at a county approved salvage yard or solid waste disposal facility; and WHEREAS, the Board of County Commissioners of Indian River County` has determined that landowners are responsible for abating public nuisances \_ existing on their property; and WHEREAS, a Notice of Public Nuisance calling for the abatement of the described nuisance was sent to the owner(s) by certified mail, and notice was posted on the subject property for 30 days, in accordance with Section 973.09, "Serving of Notice," of the County Public Nuisance Ordinance, and WHEREAS, the landowners of the subject property failed to abate -the described nuisance within 30 day of the posted and mailed notice; and WHEREAS, Section 973.04(2) of the County Public Nuisance Ordinance authorizes County personnel to abate a public nuisance if the nuisance is not abated by the landowner within 30 days of notice; and WHEREAS, as of October 25,199 the County Road and Bridge Division has abated the herein described nuisance, in accordance with Section 973.04(2), of the County Public Nuisance Ordinance; and WHEREAS, Section 973.06 of the County Public Nuisance Ordinance provides that, after abatement of a nuisance by the County, the cost thereof shall be calculated and reported to the Board of County Commissioners; thereupon the Board, by resolution, shall assess such costs against the subject property, such costs to include an administrative fee of seventy-five dollars ($75.00) per lot; and WHEREAS, the total cost of equipment use, labor, and administrative fee for County abatement of the herein described nuisance is determined to be $1,570.O,Oand WHEREAS, Section 973.06 of the County Public Nuisance Ordinance provides that the assessment shall be due and payable thirty (30) days after the mailing of_a notice of assessment, whereby if the owner fails to pay assessed cost�ithin •the thirty (30) days, a certified copy of the assessment shall be recorded in the official record books of the County, constituting a lien against the property, subject to twelve (12) percent per annum interest; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1) The foregoing recitals are adopted and ratified in their entirety. 2) The cost of county abatement of the herein described weed nuisance, totaling an amount of $1.570.0,0�s hereby assessed against Freeman Doyle, whose listed address is 3429 Old Dixie Highway, Fort Pierce, FL 33450. 24 3) The $1,570.00assessment shall be due and payable to the Board of County Commissioners thirty (30) days after the 'mailing of a Notice of Assessment to the landowners, after which, if unpaid, a certified copy of the asessment shall be recorded in the official record books of the described property, subject to twelve (12) percent per annum interest. THIS RESOLUTION was moved for adoption by Commissioner Wheeler , seconded by Commissioner Scurlock , and adopted on the 27 day of November ,1990, by the following vote: Commissioner Richard Bird Aye Commissioner Margaret Bowman Ave Commissioner Carolyn Eggert Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Gary Wheeler Ave The Chairman thereupon declared the resolution duly passed and adopted this 27 day of November ,1990. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Carolyn Ea6ert, Cha' an RALPH LUNDY REQUEST RE GIFFORD CARNIVAL Commissioner Bird referred the Board to the following letter received from Ralph Lundy of the Gifford Progressive Civic League: The Gifford Progressive Civic League Inc. P. O. Box 5102 Gifford, Florida 32960 /—/,s- �yL Nov 271990 17, / f F ; 25 � BOOK PAGE J 0V' 2 ? 1990 elf i� �7,/���• zx w BOOK 82 FAU 3 Commissioner Bird informed the Board that staff would prefer them to hold the carnival at the Fairgrounds rather than at Gifford Community Park. He has talked to Mr. Lundy about this, and he has agreed that perhaps the Fairgrounds would be a suit- able alternative. Our schedule which contains requirements for lease of the Fairgrounds is as follows: NUMBER OF ACRES 0 - 5 6 - 10 11 - 40 41 & over DAILY RATE SCHEDULE FOR LEASE OF INDIAN RIVER COUNTY FAI S $ 50.00 $ 100.00 $ 500.00 $1000.00 TRASH DEPOSIT* i $ 100.001 $ 200.001 $ 500.00 $1000.00 * Any direct costs such as porta-lets, bleachers, etc. will be negotiated with applicant, deposit will be refunded in part or full if not used. All applications must be filed at least two weeks before event unless waived. Proper insurance as required above must be submitted at least one week before scheduled event. (See attached requirements) All events which charge any admission or any type of fee or sell any products will pay to the County, ten percent (100) of the gross charges unless negotiated by the proper County authority on a different basis. 26 Commissioner Bird noted that in some cases we do charge 10% of the gross charges. Mr. Lundy can address whether or not they can afford that, but he would like the Board to consider waiving that percentage. Commissioner Bird personally recommended that we allow the League to have their carnival at the Fairgrounds at the fee of $100 a day and a $200 deposit. Mr. Lundy thanked the Board for allowing this matt-e.r-on the Agenda as an emergency item. He noted that the League has never before ventured into something like this but felt it would get a good way to getassistancefor their community center and help maintain it. They have a deadline and would like the Commission to approve their renting the Fairgrounds for this purpose. Mr. Lundy advised that he talked to the carnival representatives last night after he realized how much work is involved in this, and they have agreed to give them another week - instead of the 5th, the carnival would begin on the 12th. He reported that these people come highly recommended and they have sent references. Many churches have used them for fund raisers. They have supplied a certificate of insurance, and they have a million dollar coverage. In addition, they will provide power with their generators. Chairman Eggert inquired about the kind of rides they will offer, and Mr. Lundy advised there will be 6 kiddie rides, 10 major rides, and 2 or 3 spectacular rides. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Bird, to approve the lease of the Fair- grounds by the Gifford Progressive Civic League at the rates recommended by Commissioner Bird and to waive the requirement for the County to receive 10% of the gross charges. Commissioner Bowman pointed out that the League also should contact Public Health if food is being sold, and Administrator N 0V 2-d 1990 27 anon � F',,E �I OV 2 #d 1990 BOOK 82 F,� 4" Chandler stressed that the week's extension will be needed because staff will have to work closely with Mr. Lundy regarding the inspections required, etc. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. RESOLUTION ADOPTING COUNTY PEACETIME EMERGENCY PLAN The Board reviewed memo from Deputy Director John King: TO: James Chandler County Adminis rator THROUGH: Doug Wright, Director Department of Emergency Services FROM: John King, Deputy Director Department of Emergency Services DATE: November 14,E 1990 SUBJECT: APPROVAL OF RESOLUTION ADOPTING THE COUNTY PEACETIME EMERGENCY PLAN 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: On October 25, 1990, the Indian River County Department of Emergency Services received state approval of the County Peacetime Emergency Plan that was earlier submitted to the Florida Division of Emergency Management for review. The review of the Peacetime Emergency Plan is measured against compliance requirements outlined in Rule 9G-7, Florida Administrative Code. However, the Plan must be adopted by resolution of the governing body of the County before it meets compliance requirements of Rule 9G-6, FAC. 28 ALTERNATIVES AND ANALYSIS: The Florida Department of Emergency Management requires an update on a triennial bases. In an effort to maintain an operationally function plan, the Department of Emergency Services updates the plan annually and then submits it every three years for review and approval by the State. Florida is subject to natural and technological hazards that pose potential dangers to the community. State directives require that each county government provide a comprehensive emergency management plan for the purpose of defining the specific authorities and responsibilities that are delineated within the framework of the County's emergency response. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the attached Resolution and the Indian River County Peacetime Emergency Plan. Pursuant to approval, the plan will be disseminated to the various emergency agencies within the County. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Wheeler, the Board unanimously approved Resolution 90-173 adopting a Peacetime Emergency Plan. At[29(-t, �(li1K C:U F'Ae UV 27 1990 a Nov 2 7 1990 �oox F'acE RESOLUTION NO. 90 - 1.7_3 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, BY AND THROUGH ITS BOARD OF COUNTY COMMISSIONERS, ADOPTING A PEACETIME EMERGENCY PLAN FOR INDIAN RIVER COUNTY WHEREAS, Chapter 252, Florida Statues, Disaster Preparedness Act, establishes a Division of Emergency Management (DIVISION) and prescribes the powers and responsibilities thereof; and WHEREAS, Chapter 252, Florida Statues, assigns to the Board of County Commissioners responsibility for disaster mitigation, preparedness, response and recovery; and WHEREAS, Florida Administrative Code Rule 96-6 requires submission by Indian River County (COUNTY) to the DIVISION of a triennial update of the County's Peacetime Emergency (PEP) Plan*; and WHEREAS, Rule 9-6, F. A.C. , requires that after determination by the DIVISION that the COUNTY'S plan is in compliance, that the COUNTY pass a resolution officially adopting the PEP Plan for Indian River County, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the 1990 triennial update of the COUNTY's PEP Plan as approved by the DIVISION is hereby adopted. The resolution was moved for adoption by Commissioner Scurlock and the motion was seconded by Commissioner Bird and, upon being put to a vote, the vote was as follows: I ndian ApDraved Uate� ' y ; •� 1 S- Y_d► Chairman Carolyn K. Eggert AyeVice-Chairman Richard N. Bird AyeCommissioner Margaret C. Bowman AyeCommissioner Gary C. Wheeler AyeCommissioner Don C. Scurlock, Jr.Ay The Chairman thereupon declared the.resolution duly passed and adopted this 27 day of November. 1990. BOARD OF COUNTY COMMISSIONERS INDIAN ``RIVER �► COUNTY, FLORIDA BY L -(: /C TY Carol K. Eg ' Chas an * The official TRIENNIAL UPDATE OF THE INDIAN RIVER COUNTY PEACETIME EMERGENCY PLAN IS ON FILE IN THE INDIAN RIVER COUNTY EMERGENCY SERVICES DEPARTMENT 30 APPROVAL OF TOWER SPACE LEASE/PAGING NETWORK OF FLA. The Board reviewed memo from the Deputy Director of the Department of Emergency Services: TO: James Chandler County Administrator THROUGH: Doug Wright, Director Department of Emergency Services FROM: John King, Deputy Director 'K Department of Emergency Services DATE: November 19, 1990 SUBJECT: APPROVAL OF TOWER SPACE LEASE FOR PAGING NETWORK OF FLORIDA, INC. 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: Paging Network of Florida, Inc. is seeking approval from the Board of County Commissioners to enter into a Tower Lease Agreement with Indian River County. The antenna, repeater, and associated equipment is to be located at the County owned Hobart Tower within Hobart Park. Pagenet has agreed to pay $170.00 per month or a total of $2,040.00 per year for the referenced lease. ALTERNATIVES AND ANALYSIS: The term of the lease and the Lessee's obligation to pay rent shall commVnce on January 1, 1991. The term of this lease shall be one year commencing on the date this lease is executed and may be renewed annually thereafter. RECOMMENDATION: Staff recommends approval of the attached Tower Space Lease and requests the Board of County Commissioners to authorize the Chairperson to execute the attached documents. Commissioner Scurlock asked if that is consistent with our other leases, and Director Wright confirmed that it is consistent with our standard rate for that height on the tower. ON MOTION by Commissioner Wheeler, SECONDED by Com- missioner Scurlock, the Board unanimously authorized the Chairman to execute Tower Space Lease with Paging Network of Florida, Inc., as recommended by staff. SAID LEASE IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD. �{ 190 31 BOOK Fn, -L U T' 0T2 � 1990 BOOK S's �� f'AGc ai I.R.BLVD PHASE III - ORDER OF TAKING (HOFFMAN & GREGORY PROPERTY) Public Works Director Davis reviewed the following: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E., Public Works Director SUBJECT: Indian River Boulevard Phase 3 - Order of Taking for Parcels 108 (Hoffman) and 110 (Gregory) DATE: November 26, 1990 FILE: irbtakng.agn DESCRIPTION AND CONDITIONS On Tuesday, Nov. 20, 1990, Judge Vocelle granted an Order of Taking to Indian River County for Parcel 108 and Parcel 110. To date, the County has completed the taking of four parcels, the purchase of two parcels, and a closing for the remaining two parcels is scheduled this week. At the Nov. 20 Order of Taking hearing, the judge established the good faith estimate of value as follows: Parcel 108 $272,000 Parcel 110 495,000 $767,000 These funds must be deposited into the Registry of the Court, in addition to a $100 Clerks fee for each parcel. ALTERNATIVES AND ANALYSIS The alternatives are as follows: Alternative No. 1 Approve the deposit into the Registry of the Court as follows: Parcel 108 $272,000 Parcel 110 $495,000 Clerk Fees $ 200 These funds must be deposited by December•9, 1990. Alternative No. 2 Do not approve the court established values and abandon the project. RECOM4ENDATIONS AND FUNDING Alternative No. 1 is recommended whereby a total of $767,200 is to be deposited with the Court. Funding to be from Fund 309, Indian River Boulevard North Fund. Commissioner Bird asked if this is the final missing link, and Director Davis advised it is the Phase III sectionbetween the existing north terminus and Barber Avenue, and we have two more parcels we are negotiating and hope to close this week. 32 Attorney Vitunac advised he just heard that the attorneys for Hoffman are appealing the quick taking and that can cause a 6 month delay. They are fighting this every inch of the way. Director Davis asked if that means the Judge has to grant an estoppel, and Attorney Vitunac felt there probably will be some sort of stay requested so that you can't go ahead and build. Discussion followed regarding the time schedule for the Boulevard if there were no appeal to consider, and Director Davis stated that we expect to go to bid in January, receive bids in February, and have contracts issued in March; 12 months would be a reasonab.le construction date or possibly March of 1992. Discussion continued regarding a projected schedule, possible delays, etc., and whether there is any chance of starting Phase IV before Phase III. Director Davis advised that the permitting for Phase IV is in hand, and he felt we can move ahead with that assuming we don't have a cash flow problem due to undetermined expenses with Phase Ill. Commissioner Wheeler asked if building one phase before the other would hurt our position, and Attorney Vitunac felt it would probably help it. Commissioner Bird noted that to him one of the major factors involved in building this road is to have quicker access to the hospital from the beach area. He felt it could be argued that you are putting people's lives at risk with this further delay. Director Davis advised that the Corps permit has been issued for both Phase Ill and Phase IV; so, if we begin work on Phase IV, we would still need to secure the mitigation area which is a part of Phase III. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Bird, the Board unanimously approved Alternative No. 1 as recommended by staff and approved deposit of the funds listed above into the Registry of the Court. 33 B00I4 � PAU,E c 6 2 1990 NO 22 1990 BOOK 82 PAGE' ' WEST REG. WASTEWATER TREATMENT PLANT EXPANSION, PHASE II Capital Projects Engineer McCain reviewed the following: DATE: NOVEMBER 15, 1990 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILITY SERVICES. PREPARED WILLIAM McC AND STAFFED CAP TS ENGINEER BY: DEP OF UTILITY SERVICES SUBJECT: WEST REGIONAL WASTEWATER TREATMENT PLANT EXPANSION PHASE II BACKGROUND On March 10, 1987, the Board of County Commissioners approved Work Authorization No. 11 with the firm of Masteller and Moler Associates, Inc. for the design of the above -listed project. We are now preparing to bid this job out sometime in late March or April. Since the original design was completed, several changes in both design and scope of engineering.services must be made. ANALYSIS An addendum to the above -listed Work Authorization is attached. An exact description of the additional work is under Section I of that document. There are two cost elements associated with this Work Authorization --an additional $29,518.00 for basic engineering services and an additional $8,100.00 for inspection. The total cost for engineering services is well within the acceptable percentage range. Funds for this work will come from the Wastewater Impact Fee Funds. RECOMMENDATION The staff of t;he Department of Utility Services recommends that the Board of County Commissioners approve the attached Work Authorization with Masteller and Moler Associates, Inc. Engineer McCain explained the the majority of what this is covering will be a modified headwork system to the existing plant and the new plant that has been previously designed, and it also includes a force main out of the back of the plant to tie into an existing force main that ultimately will go down to the Landfill area. The other main change is that we are now looking to bring more competition into the bidding by having the specs rewritten to allow pour -in-place as we did with our North County wastewater plant. 34 Commissioner Scurlock asked why the original design would not be flexible enough to have broad specs in the first place, and Engineer McCain explained that we were looking exclusively at a precast plant at that time, and there is also some other repair work that is necessary with the original plant. Commissioner Scurlock recapped that then, as he understands it, the resident inspection fees that would have been associated with the construction (that portion of the contract that was in March of 1987) have not been expended. So, you would have the resident inspection on the overall construction plus an addi- tional resident inspection of the new additional improvements of $8,100 plus the actual engineering of $29,000. This was confirmed by Mr. McCain. Commissioner Scurlock asked if all the design associated with the contract of March 187 other than resident inspection has been completed and to our satisfaction, and this also was confirmed. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Bird, the Board unanimously approved Work Authorization with Masteller 8 Moler as recommended by staff. 7 1990 35 Boor b21 PAGE e� H OV 2 7 1990 ENGINEERING WORK AUTHORIZATION "O©K )a � P',�,,E 0 DATE: November 5, 1990 . WORK AUTHORIZATION NO. 90WW-5 FOR CONSULTING SERVICES. PROJECT NO. 87001 COUNTY, I.D. MASTELLER & MOLER ASSOCIATES, INC. WASTEWATER. I. PROJECT DESCRIPTION Title: Addendum to Work Authorization #11, dated 1/23/87 for Proposed 1.0 MGD Expansion and Modifications to Existing West County Subregional Wastewater Treatment Plant as follows: Engineer, design and prepare contract plans and bid documents for: approximately 3600 LF of 24" diameter force main from plant south to 4th Street, east on 4th Street to 82nd Avenue including crossing of large canal on north side of 4th Street, 24" plug valve and road restoration; 50 LF of 12" diameter force main from 4th Street south on 82nd Avenue to connect to existing 12" diameter force main on east side of 82nd Avenue; modification to plant influent after static screens to allow influent to go directly into plant or surge tank; modification to specifications to allow pour -in-place in lieu of Marolf Pre -cast construction; replacement of aeration in surge tank with stationary mixers as in existing plant; addition of guiderails for influent recirculation pump and sludge pump; addition of roof structure over blowers; replacement of all galvanized piping with stainless steel; revision of control building per County directions; addition of alum feed system to control suspended solids; replacement of -existing grating on current plant; revision to use standby generator system presently available from County; obtaining site plan release and reissuing of FDER permit to construct 1.0 MGD plant expansion; and obtaining permits to construct 24" diameter and 12" diameter force mains. Budget estimate of total.project will increase approximately $380,000.00 to $1,880,000.00. II. SCOPE OF SERVICES AND LUMP SUM FEE FOR SERVICES Reference is made to the "Master Agreement for Utilities Services" date October 4, 1988, and specific Article numbers and paragraph numbers which are listed hereunder to describe the scope of service included on this project. A. Project Design Services per Master Agreement. B. General Services During Construction per Master Agreement. The Resident Inspector shall be a' full-time employee of the Engineering -Consultant. The Resident Inspector's duties shall be to monitor construction and be at the job site when project construction is taking place, on a prescheduled'periodic basis. C. General Services During Construction per Master Agreement. In addition, services shall include field surveys necessary for design- and preparation of construction plans and, with assistance from -the County, obtaining various permits and approvals for construction (permit fees to be paid by the County). Also, in addition, the consultant shall, with the approval of this authorization, submit a time phased job completion schedule. This task oriented schedule, as negotiated, shall include these elements of work: 1. Releases from each public utility pertaining to underground installations and/or interfering utility structures. 2. Submittal of all required permits and inspection schedules. 3. First and final submittal of construction drawings. 4. Submittal of construction contract bid packages (5), with recommended construction completion time frame and a complete list of all material required for project installation. 36 ENGINEERING WORK AUTHORIZATION (Continued) M DATE: November 5, 1990 WORK AUTHORIZATION NO. 90WW-5 FOR CONSULTING SERVICES. PROJECT NO. 87001 COUNTY, I.D. MASTELLER & MOLER ASSOCIATES, INC., WASTEWATER. Note: Failure to meet these negotiated schedules will leave consultant open for a negative performance evaluation, and/or contract cancellation, or liquidated damages. D. Consultant Encrineer Insurance Requirement 1. Workers Compensation Insurance in accordance with Florida Statutes. 2. Comprehensive and Automobile Liability with a minimum coverage of $ 100/300 per occurrence for bodily injury or accidental death. 3. Comprehensive General Liability with a minimum limit of $ 100/300 covering property damage. 4. Liability for Property Damage, while operating motor vehicle, with minimum limits of 8 100/300 per occurrence. 5. Contractural Liability including limits established for Items D, 2., 3., and 4. 6. Umbrella coverage, Excess Liability with minimum limits of $ 1,000,000.00 per occurrence. E. Compensation for Services This authorization shall be bid with two price elements: 1. Total design, permitting, and bid package preparation, and 2. On-site Resident Inspection Services. Billing will be submitted monthly based on a percentage of completion of cost element #1, with 100% billed upon approval of engineering design. Billing for cost element #2 will be made monthly in accordance with the construction percentage of completion. The County shall make payments within forty-five (45) days of the invoice billing date. Cost Element #1 S 29,518.00 Cost Element #2 S 81100.00 SUBMITTED BY: MASTELLER & MOLER ASSOCIATES, INC. By ;r, , Earl H. Mast ller, P.E. President Date _ / I I Slit) NOV 21 1990 APPROVED BY: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By „C.J Carolyn K. Egger Chair n . Xif Date //- a 7-- j'o -2- 37 'radian River Co. Approved Date 1_et�al `1 -- 8udget utilitIC6 _ /_ /Apf- +� 19irk Mgr. BOOK PAGE 41 N 0 V 2 ? 1990 aooK 82 PAGE 44 NORTH COUNTY WASTEWATER TREATMENT SYSTEM (ADV. FOR DESIGN ENGR.) The Board reviewed memo from Utilities Director Pinto: DATE: NOVEMBER 16, 1990 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR OW FROM: TERRANCE G. PINTO DIRECTOR OF UTILITY S RS PREPARED WILLIAM F.44rITY AND STAFFED CAPITAL PR R BY: DEPARTMENT OSERVICES SUBJECT: NORTH COUNTY WASTEWATER TREATMENT SYSTEM BACKGROUND The new North County Wastewater and Collection System is nearing completion now. Due to recent capacity commitments and ongoing collection system expansion projects; i.e., Kimball/Lloyd's being assigned the first phase of the design expansion contract, we now face the necessity of expansion of the newly -completed 1 MGD treatment facility. ANALYSIS The construction of Phase II of the North County Wastewater Treatment Plant is estimated to cost approximately $2,395,000, with engineering costs of approximately 10%-12% of construction cost. In keeping with the sewer service demand, wastewater Master Plan, and the newly -approved Comprehensive Plan, expansion of this facility is scheduled to be bid in May 1991. To meet this bid schedule, we must now advertise for design engineers to begin the project. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve advertising Requests for Qualifications to select a design engineer for the project immediately. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Bowman, the Board unanimously authorized staff to advertise Requests for Qualifications to select a design engineer for the above project. 38 e � w EIGHTH STREET WATER MAIN EXTENSION The Board reviewed memo from H. D. Oster of the Utility Department: DATE: NOVEMBER 16, 1990 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO ---1—.P01,/107' • DIRECTOR O UTIL YRVIC.ES PREPARED H. D. OS , AND STAFFED ENVIRONMENTAL ENGINEER BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: EIGHTH STREET WATER MAIN EXTENSION BACKGROUND Petitions have been received for water main extensions on 23rd and 25th Avenues, north of 8th Street. Due to the diminishing supplies of well water on 26th Avenue (north and south of 8th Street), and its proximity to 25th Avenue, it was determined that this street should be added to the project to supply potable water to its residents. Design of the project is complete. ANALYSIS This project is to be paid for through assessment of property owners along the proposed water line routes, each street being separately assessed due to variations in costs of construction. The 23rd Avenue extension may be installed by tapping the existing water main, but installation along other streets requires expansion of the water distribution system along 8th Street (see attached location map). Preliminary assessment costs are valid only if all four streets are approved. The staff of the Department of Utility Services recommends approval of the attached Resolutions, which set a public hearing date for the project. ON MOTION by Commissioner Wheeler, SECONDED by Com- missioner Scurlock, the Board unanimously approved Resolutions 90-174 through 90-181 providing for a water main to be installed, method of payment of assessments, etc., and setting a time and place for a public hearing on each of the following: 90-174 - 23rd Avenue north of 8th Street 90-175 - u n n u n 90-176 - 25th Avenue north of 8th Street 90-177 - " " " " " NOV 21111990 3 9 o� �bOK .... r NOT27 1990 90-178 - 26th Avenue north of 8th Street 90-179 - 90-180 - 26th Avenue south of 8th Street 90-181 - " " " it " BOOK 8 2 F,�cE 44 SAID RESOLUTIONS ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD. SOLID WASTE DISPOSAL DISTRICT The Chairman announced that immediately upon adjournment the Board would reconvene sitting as the District Board of Commis- sioners of the Solid Waste Disposal District. Those Minutes are being prepared separately. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 10:00 o'clock A.M. ATTEST: ltd Clerk 40