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HomeMy WebLinkAbout8/13/1991BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA REGULAR MEETING TUESDAY, AUGUST 13, 1991 9:00 A.M. - COUNTY COMMISSION CHAMBER COUNTY ADMINISTRATION BUILDING 1840 25TH STREET VERO BEACH, FLORIDA COUNTY COMMISSIONERS Richard N. Bird, Chairman Gary. C. Wheeler, Vice Chairman Margaret C. Bowman Carolyn K. Eggert Don C. Scurlock, Jr. * * * * * * * * * * * * * * * * * James E. Chandler, County Administrator Charles P. Vitunac, County Attorney . Jeffrey K. Barton, Clerk to the Board * * * * * * * * * * * * * * * * * * * * * * * * * * *.* 9:00 A.M. 1. CALL TO ORDER 2. INVOCATION - None 3. PLEDGE OF ALLEGIANCE - James E. Chandler County Administrator 4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Appointment to Transportation Disadvantaged Local Coordinating Board, Consent Agenda, Item F. 5. PROCLAMATION AND PRESENTATIONS None 6. APPROVAL OF MINUTES A. Special Meeting of 7/16/91 B. Regular Meeting of 7/16/91 7. CONSENT AGENDA A. Occupational Licenses Collected Month of July, 1991 (memorandum dated August 2, 1991) B. Release of Utility Liens (memorandum dated August 5, 1991) C. HUD - Administered Rental Rehabilitation Program for Small Cities (memorandum dated August 5, 1991) D. Bid Award: 91-106 Potable Water Distribution 12th Street Area (memorandum dated August 6, 1991) E. Release of Retention - Design of I.R. . Blvd. Ph. III (memorandum dated August .5, 1991) AUG 13199 600K 6 PAVE U b . *** RUC .13 1991 BOOK 84 FAIRE U2 8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES None 9:05 a.m. 9. PUBLIC ITEMS A. PUBLIC DISCUSSION ITEMS None B. PUBLIC HEARINGS None 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. COMMUNITY DEVELOPMENT None B. EMERGENCY SERVICES None C. GENERAL SERVICES HRS Request to Lease Space - I.R.C. Health Clinic (memorandum dated August 1, 1991) D. LEISURE SERVICES None E. OFFICE OF MANAGEMENT AND BUDGET None F. PERSONNEL Request for Board Consideration: Medical Services RFP (memorandum dated July 26, 1991) G. PUBLIC WORKS Request for Extension of Lindsey Lanes Subdivision Phase II, Land Development Permit (memorandum dated August 1, 1991) H. UTILITIES 1. Agreement between I.R.C. & Peter W. Busch for payment of oversizing a water main (memorandum dated July 31, 1991) 2. Water service to I.R.C. Middle & High Schools at C.R. 512 (memorandum dated July 29, 1991) 3. Ixora warehouse project - final pay request (memorandum dated August 1, 1991) 12. COUNTY ATTORNEY A. I. R. Mosquito Control District - Special Election (memorandum dated August 2, 1991) B. Train whistles (memorandum dated July 29, 1991) 13. COMMISSIONERS ITEMS A. CHAIRMAN RICHARD N. BIRD B. VICE CHAIRMAN GARY C. WHEELER C. COMMISSIONER MARGARET C. BOWMAN D. COMMISSIONER CAROLYN K. EGGERT E. COMMISSIONER DON C. SCURLOCK, JR. 14. SPECIAL DISTRICTS A. NORTH COUNTY FIRE DISTRICT None B. SOUTH COUNTY FIRE DISTRICT None C. SOLID WASTE DISPOSAL DISTRICT 1. SWDD petition hearings (memorandum dated August 7, 1991) 2. 91-98/Tire Shredder/Conveyor/Generator (memorandum dated July 31, 1991) 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. BOOK AUG 13=1991 uE ��cJ Tuesday, August 13, 1991 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 13, 1991, at 9:00 o'clock A. M. Present were Gary C. Wheeler, Vice Chairman; Carolyn K. Eggert, Margaret C. Bowman and Don C. Scurlock, Jr. Absent was Richard N. Bird, Chairman, who was on vacation. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and Patricia Held, Deputy Clerk. The Vice Chairman called the meeting to order. James E. Chandler, County Administrator, led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Commissioner Bowman requested the addition of Item F to the Consent Agenda regarding appointment to Transportation Disadvantaged Local Coordinating Board. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Eggert, the Board unanimously (4-0, Chairman Bird being absent) added the above item to the Consent agenda. APPROVAL OF MINUTES The Vice Chairman asked if there were any additions or corrections to the Minutes of the Special Meeting of July 16, 1991. There were none. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously (4-0, Chairman Bird being absent) approved the Minutes of the Special Meeting of July 16, 1991 as written. L AUG 13 1411 BOOP' UJ0 Y 'AUG 13 1991 BOOK 84 FA,. The Vice Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of July 16, 1991. There were none. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Eggert, the Board unanimously (4-0, Chairman Bird being absent) approved the Minutes of the Regular Meeting of July 16, 1991 as written. CONSENT AGENDA A. Occupational Licenses Collected - Month of July, 1991 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously (4-0, Chairman Bird being absent) accepted the following report from Tax Collector Gene Morris: .'MEMORANDUM TO: Board of County Commissioners i 'FROM: Gene E. Morris, Tax Collector SUBJECT: Occupational Licenses DATE: August 2, 1991 • Pursuant to Indian River County Ordinance No. 86-59, please be informed that $2,201.05 was collected in occupational license taxes during the month of July, representing the issuance of 139 licenses. B. Release of Utility Liens The Board reviewed memo from Lea Keller, CLA, dated August 5, 1991: 2 TO: Board of County Commissioners FROM: Lea R. Keller, CLA, County Attorney's Office DATE: August 5, 1991 RE:. %, CONSENT AGENDA - B.C.C. MEETING 8/13/91 RELEASE OF UTILITY LIENS • a.. I have prepared the following lien related documents and request that the Board authorize the Chairman to sign them: 1. • ;Release of Special Assessment Lien from ROCKRIDGE SEWER PROJECT in the name of: Releases of Special Assessment Liens from CITRUS GARDENS in the names of: t FREI •"'` } SIMONETTI ' .••_';r: 1 HEATH 4r DUNAYCZAN •. DENIKER ,• MISLICK GUNDERSEN & HEALY t y, Satisfaction for Payment of , Impact Fee Lien 4'" Extension in the name of: ... Via• , ,, . FITCHETT 4. Release of Special Assessment Lien from 12th STREET WATER PROJECT in the name of: SCHLITT, JR. 5. Releases of Special Assessment Liens from INDIAN RIVER BOULEVARD in the names of: SCHLITT (2) TANEN (4) SCHACHT (3) 6. Release of Lien - STATE ROAD 60 SEWER PROJECT in the name of: HERON CAY Additional back-up information is on file in • the County Attorney's Office. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously (4-0, Chairman Bird being absent) authorized the Chairman to execute the Releases of Liens and Satisfaction for Payment of Impact Fee Lien Extension as listed above. COPIES OF SAID DOCUMENTS ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD 3 AUG 131991 BOOK Fiui. O AUG 13 t9T i'' ='r`'''�+_`•'F" Executive Director I.R.C. Housing Authority BOOK 84 FAuE 07 C. HUD -Administered Rental Rehabilitation Program for Small Cities The Board reviewed memo from IRC Housing Authority Executive Director Guy Decker dated August 5, 1991: TO: The Honorable Members of the Board of County Commissioners THROUGH: H. T. "Sonny" Dean, Director Department of General Service FROM: Guy L. Decker, Jr. It is recommended that the data herein presented be given formal consideration by DATE: August 5, 1991 FILE: UBJECT: HUD - Administered Rental Rehabilitation Program for Small Cities (Non Formula) REFERENCES: the County Commission. DESCRIPTION AND CONDITIONS: ;'I�•`The Department of -lousing and Urban Development (HUD) has announced a competition and availability of funds for a HUD Administered Rental Rehabilitation Program for Small Cities, pursuant to Section 17 of the United States Housing Act of 1937 (42 USC 14370) which was enacted by Section 301 of the Housing and Urban -Rural Recovery Act of 1938 -.(Public Law 98-81), approved November 30, 1983. A total of $572,000 in Rental Rehabili- tation Program grant funds and Section 8 Housing Vouchers are available for the Rental Rehabilitation Program for Small Cities in the State of Florida, In HUD's Circular Letter 91-42 dated July 25, 1991, Indian River County was included in the list of eligible • 'cities and counties.: The deadline for submission is 4:00 P.M. August 26, 1991, and must Lbe received on that date in the DHUD Jacksonville office to be considered in this year's •;: competition. • p ; . • • hv',f, The program is designed to. assure an adequate supply of standard housing affordable oto lower-income tenants as it increases the supply of private market rental housing °��•:- i`'available to lower-income tenants by providing government funds to rehabilitate existing 'units.and provide rental assistance to lower-income persons to help than afford the rent 'of these units. One Section 8 Certificate and/or Voucher can be provided for each $7,500 rof grant funds to help eligible 1ower-income'tenants to pay the rent for rehabilitated r; •uunits. ^In order to leverage the maximum amount of private capital, rehabilitation sillies are generally limited to 50 per cent of the cost of rehabilitation, not to exceed ...$7,500 per unit adjusted for high cost areas. - Grant funds may only be used to correct substandard conditions, make essential improvements, and repair major systems in danger of failure. Units will be rented at market rents, and no special project rent controls or restrictions will be used. Within the lower-income and neighborhood targeting re- , quirements, the Rental Rehabilitation Program leaves broad opportunities for -local program design and flexibility. ALTERNATIVES AND ANALYSIS: This is the sixth year Indian River County has been placed on the eligibility list to enter the competition for funding, and this type of -program parallels our existing rehabilitation housing efforts. . RECOPM ENDNTIONS : . We respectfully request the County Commission to authorize its Chairman to execute the application for submission to the Department of Housing and Urban Development for this grant. This program will rehabilitate approximately six (6) -substandard rental units in the distressed neighborhoods within this jurisdiction and will make available additional standard units to be utilized by the Indian River County Section 8 Rental Assistance Program. Our total request for Federal assistance is Fifty-two Thousand Dollars ($52,000.00). This program requires no additional County funds. 4 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously (4-0, Chairman Bird being absent) authorized the Vice Chairman to execute the application for submission to the Department of Housing and Urban Development as recommended by staff. D. Bid Award: 91-106 Potable Water Distribution - 12th Street Area The Board reviewed memo from Purchasing Manager Fran Boynton dated August 6, 1991: DATE: August 6, 1991 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator �nA H.T. "Sonny" Dean, Director Department of General Servi Fran Boynton, Purchasing Manager Bid Award: 91-106 Potable Water Distribution . 12th Street Area .FROM: SUBJ: BACKGROUND INFORMATION: •Bid Opening Date: July 17, 1991 :Specifications Mailed To: Twenty (20) Vendors Replies: Eight (8) Vendors BID TABULATION Boyce Company 'Clearwater, FL . • • P & C Construction Murdock, FL TOTAL $ 993,753.19 $ 999,460.00 "Speegle Construction • $1,007,300.00 Cocoa, FL ,Schopke Construction. $1,014,000.00 'Melbourne, FL Belvedere Construction $1,029,557.50 West Palm Beach, FL GBS Excavating $1,041,578.50 Palm City, FL Underground Ind. $1,093,023.00 West Palm Beach, FL Jobear $1,156,176.00 Melbourne, FL RECOMMENDATION: Staff recommends that the.bid be awarded to Boyce Company as the lowest most'responsive, responsible bidder meeting specifications as set forth in the Invitation to Bid. In addition, staff requests the Board's approval of the attached agreement when all require- ments are met and approved as to form by the County Attorney. TOTAL AMOUNT 'OF BID BUDGETED AMOUNT: AUG- 13 rj $ 993,753.19 $1,142,120.00 5 BOOK [Au tJb• BOO 84 PAGE 00 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously (4-0, Chairman Bird being absent) awarded Bid 91-106 to the lower bidder, Boyce Company, in the amount of $993,753.19, and authorized the Vice Chairman to execute the agreement for the Potable Water Distribution System, 12th Street Area. CONTRACT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD E. Release of Retention - Design of Indian River Boulevard Phase III The Board reviewed memo from Capital Projects Manager Terry Thompson dated August 5, 1991: TO: James E. Chandler, County Administrator THROUGH: Roger D. Cain, P.E. County Engineer FROM: Terry B. Thompson, P.E: S1' Capital Projects Manager 'SUBJECT: Consent Agenda Release of Retention Design of Indian River Boulevard Phase III DATE: August 5, 1991 DESCRIPTION AND CONDITIONS On September 23, 1986 the County entered into a Professional Engineering Services Agreement with Boyle Engineering Corporation for the design of Indian River Boulevard between SR 60 and Barber Avenue (37th Street). The design of this project is complete and we are now entering the construction phase. Boyle Engineering is requesting release of all retention related to the design of ,the project, in the amount of $5,230.87. .RECOMMENDATIONS AND FUNDING Staff recommends that all retention related to design be released. Funding is from account 309-214-541-033.13. 6 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously (4-0, Chairman Bird being absent) authorized release of all retention to Boyle Engineering related to the design of Indian River Boulevard Phase III, as recommended by staff. F. Transportation Disadvantaged Appointment ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously (4-0, Chairman Bird being absent) appointed Richard Stetson to the Transportation Disadvantaged Local Coordinating Board. HRS REQUEST TO LEASE SPACE IN IRC HEALTH CLINIC General Services Director Sonny Dean made the following presentation: DATE: AUGUST 1, 1991 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: H.T. "SONNY" DEAN, DIRECTO DEPARTMENT OF GENERAL SERVI SUBJECT: HRS REQUEST TO LEASE SPACE •INDIAN RIVER COUNTY HEALTH CLINIC ,BACKGROUND: On July 9, 1991, staff took a request from Health Rehabilitative Services, District 9, to the Board to lease approximately 430 square feet of office space in the new Health Clinic. The Board instructed - :`staff to look at the cost of lease space in the local area. A survey was completed which included three local companies and what HRS is presently paying in other areas. The results of that survey ,,are as follows:. 1. Westin Reid Company - $9.50 - $10.00 (including utilities) '2. Ed Schlitt, Inc. - $8.00 - $12.00 (including utilities) 3. Century 21 - $10.00 - $11.00 (plus utilities) 4.. HRS Okeechobee County - 17,000 S.F. @ $8.75 (including utilities) 5. HRS St. Lucie County - 3,000 S.F. @ 13.30 (including utilities) 7 4W31.3 199' BOC;K 84 0 AUG 13 199' BOOK 84 F4GE 11 The District Office of HRS also advised that over the state they were paying a high of $13.00 and low of $11.25. The cap set by the state is $15.85 per square foot. Taking all prices quoted above, the average is $10.75 per square foot. It was also learned that HRS has advertised and received bids for office space in Vero Beach on three different occasions. Each time they have rejected the bids. We were unable to ascertain exactly what the bids came in at. RECOMMENDATIONS: Should the Board decide to lease our space to HRS, staff would recommend the average of $10.75 per square foot. This would equate to $4,622.50 annually. Commissioner Bowman asked for clarification, and Director Dean stated the lease would include custodial services as well as utilities. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, with Commissioner Scurlock voting in opposition and Chairman Bird being absent, the Board, by a 3-1 vote, authorized leasing approximately 430 square feet of office space in the Health Clinic to HRS at a rental of $10.75 per square foot for a period of two years, as recommended by staff. Under discussion, Commissioner Eggert asked who the tenant would be. Director Dean stated it would be the division called Developmental Services for the Severely Handicapped. Commissioner Scurlock explained he voted in opposition because he felt the County should not be in the rental business. He also felt there might be a problem in the future when the space is needed by the Health Department. Director Dean explained the lease is for two years with a renewal option and with a sixty-day cancellation clause. MEDICAL SERVICES REQUEST FOR PROPOSAL Administrator Chandler made the following presentation: 8 TO: James E. Chandler, County Administrator, `THRU: Jack Price, Personnel Director .FROM: Beth Jordan, Risk Manager.,' DATE: 26 July 1991 SUBJECT: Request for Board Consideration; Medical Services RFP We request that the following information be considered by the; Board of County Commissioners at their regularly scheduled August', 13, 1991, meeting. Background • Each year, approximately 175 County employees are injured on-the- job and workers' compensation is called upon to provide for their medical care, lost wages, etc. As a customary practice, the County has utilized the services of Doctors' Clinic as the primary medical services provider although no formal arrangement has ever been negotiated with the provider. Although fees are paid according to the State -adopted fee schedule, it is critical to the cost- effectiveness of the self-insurance program that we have the ability to manage claims effectively. As a result, on April 18, 1991, Indian River County Request for Proposals #91-85 was issued to obtain contractual services for the provision of workers' compensation medical care. Mailed directly to thirteen (13) local medical care providers and advertised in the local newspaper in keeping with Purchasing guidelines, we received two (2) responses by the May 29, 1991, deadline. Responses were received from Philip Corrao, M.D., and Doctors' Clinic. • Analysis With the.Risk Management staff, a committee composed of Jim Judge, Emergency Services, Richard Watkins, Clerk's Office, Alma Fred, Sheriff's Office, and Rex Hailey, Sr., Public Works, met to review the written submissions and made site visits to the two potential providers where we discussed the County's needs and their business's ability to meet those needs. Evaluation criteria.. included: the provider's staff qualifications and availability to provide services to the County based upon the unique employee group; accessibility of the facility, including location, hours and scheduling; return to work follow-up and reports; comprehensiveness of available services; and costs. After careful consideration, the staff committee unanimously recommends that the County negotiate a contract with Doctors' Clinic to provide these services. • Recommendation Staff recommends, in keeping with the contract award practice established by the Purchasing Division, that staff be authorized to negotiate a contract with Doctors' Clinic for the provision of workers' compensation medical services. Following negotiation, the contract will be presented for Board approval. 9 L AUG 13 1991 BOOK F'F,UA WE 1 , AU613 Q. BOOK o4 FACE rt..3 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously (4-0, Chairman Bird being absent) authorized staff to negotiate with Doctors' Clinic for the provision of workers' compensation medical services as recommended by staff. EXTENSION OF LINDSEY LANES SUBDIVISION PHASE II - LAND DEVELOPMENT PERMIT The Board reviewed memo from Civil Engineer David B. Cox dated August 1, 1991: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E., Public Works Director and Roger D. Cain, P.E. County Engineer FROM: David B. Cox, P.E.,tr. �..•:.:r ; Civil Engineer GUD .SUBJECT: Request for Extension of Lindsey Lanes Subdivision Phase II, Land Development Permit DATE: August 1, 1991 DESCRIPTION•AND CONDITIONS Land Development Permit No. 102C was issued on February 9, 1991 to (John F. Stolle to construct Phase II of Lindsey Lanes Subdivision. Lindsey Lanes is located on the south side of 49th Street with ientrances at 47th Court and at 50th Drive. A certificate of completion for Phase I was issued by the Public Works Department on June 26, 1991. , Phase I has also been platted with three model homes currently under construction. Phase II consists of 77 lots on 22.43 Acres. Stolle Development Corporation has submitted a written request for an extension of the permit. The permit is due to expire on August 8, 1991 based on no Phase II construction being started within 180 days of the permit issuance. This is the first request for an extension. Extensions are permissible in Section .913.07(5)(J) of the Subdivision and Platting Ordinance. It is understood that the construction of the Phase II improvement's will occur prior to platting of Phase II and therefore no surety has been posted. .ALTERNATIVES AND ANALYSIS . The Department of Utilities Services staff has indicated the project's Utility Construction Permit will expire on January 15, 1992. The Planning Director has indicated the project's Preliminary Plat approval is good until June 13, 1992.' The project's Land Clearing and Tree Removal Permits would be automatically extended with the Land Development Permit. The three original conditions of the February 8, 1991 Land Development Permit approval would also be applied to the extension. �•;• . 10 Alternate No. ], Grant extensions of the Land Development Permit and Land Clearing and Tree Removal Permits, until January 15, 1992, with the conditions described above. Alternate. No. 2 Deny extension and require the developer to submit new applications and review fees for land development, land clearing and tree removal permits. RECOMMENDATIONS Staff recommends approval of Alternate No. 1. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously (4-0, Chairman Bird being absent) granted extension of the Land Development Permit and Land Clearing and Tree Removal Permits until January 15, 1992, as recommended by staff. AGREEMENT BETWEEN INDIAN RIVER COUNTY AND PETER W. BUSCH FOR PAYMENT OF OVERSIZING A WATER MAIN The Board reviewed memo from Utility Services Director Terry Pinto dated July 31, 1991: DATE: TO: FROM: TERRANCE G. PINTO DIRECTOR OF UTILITY �,..... PREPARED JOSE DIAZ p-Q.G AND STAFFED PRIVATE PROJECTS GINE BY: DEPARTMENT OF U LITY ICES SUBJECT: JULY 31, 1991 JAMES E. CHANDLER COUNTY ADMINISTRATOR AGREEMENT BETWEEN INDIAN RIVER COUNTY AND PETER W. BUSCH FOR PAYMENT OF OVERSIZING A WATER MAIN :BACKGROUND The recently constructed subdivision known as Indian Oaks is located at 4th Street' and 46th Court. Indian Oaks has constructed water lines necessary for its water distribution system. The line at 4th. Street had to be continued to the west boundary of that property -as a 12" diameter water main. • 4 •. t•. ANALYSIS As the property of Peter W. Busch, located on the south side of '4th Street, was so near an existing water line (less than 150 feet), Mr. Busch requested connection of his property to the County water distribution system, using a 6" diameter pipe and constructing 160 linear feet of PVC water main. 11 AUG 1,3 1991 BOOK 84 FAH 1 AUG 13 BOOK 84 PACE 15 The water system Master Plan specified that 12" diameter pipe be installed at 4th Street, from Kings Highway to U. S. 1 to accommodate planned future growth. As a result of oversizing, the Utilities Department wishes to reimburse Mr. Busch for the construction ofthe line at a rate of $2.00/inch/foot for a total of $12.00/linear feet. (For details, please see the attached Developer's Agreement.) RECOMMENDATION It is recommended that Indian River County reimburse Mr. Peter W. Busch the amount of $1,920.00 for oversizing in the form of an immediate credit from his impact fee and a portion of the impact fees paid by other customers connecting to that line. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously (4-0, Chairman Bird being absent) approved reimbursement in the form of immediate credit to Peter W. Busch in the amount of $1,920 for oversizing of a water main, as recommended by staff. SAID DOCUMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD WATER SERVICE TO INDIAN RIVER COUNTY MIDDLE AND HIGH SCHOOLS AT CR512 The Board reviewed memo from Utility Services Director Terry Pinto dated July 29, 1991: 12 DATE: TO: FROM: STAFFED AND PREPARED BY:, SUBJECT: JULY 29, 1991 JAMES E. CHANDLER COUNTY ADMINISTRATOR .A TERRANCE G. PINTO DIRECTOR OF UTIL �'� 'RVICES WILLIAM F. CAPITAL PR DEPARTMENT IN ENGI ITY SERVICES AND ROBERT O. WISEMEN,. P.E. ENVIRONMENTAL ENGINEER DEPARTMENT OF UTILITY SERVICES WATER SERVICE TO INDIAN RIVER COUNTY MIDDLE AND HIGH SCHOOLS AT C.R. 512 IRC PROJECT NOS. UW -91 -20 -DS AND US -91 -21 -CS • ..ti-. :On ' January 29, 1991, the Chairman of the Board of County• Commissioners executed the agreement between Indian River County and Indian River County School Board for utility service connections for. the above -referenced schools (see attachment). The status of the items in the agreement is as follows:. Item 1. The water connection to Citrus Elementary is complete. Item 2. To be acted upon at the direction of the School Board. Item 3. Design is being performed. Permitting and connection will be completed within 80 days. Item 4. Design is being performed. Permitting and connection will be completed within 120 days. Item 5. School Board is to complete this item. North County Middle School and New North County High School: School Board has requested both water and sewer service to the existing North County Middle_School and the new North County High School in early 1992. The staff is ready to proceed with in-house design for the water main, which. will be extended from an existing main approximately 100 feet south of the Kings Highway and North Winter Beach Road intersection to the school site, through Kings Highway, C.R. 510, and 90th Avenue (see attached map). ,ANALYSIS: The staff's preliminary estimated construction project cost is $1,188,484.00; a preliminary cost breakdown as related 'to cost sharing is shown below: 1. 10,560 LF of 20" pipe @ $32.00/LF $ 337,920.00 * 2. 13,200 LF of 20" pipe @ $32.00/LF 422,400.00 ** 3. 15,840 LF of 12" pipe @ $18.00/LF 285,120.00 ** 4. 3 canal crossings, lump sum 35,000.00 ** Subtotal: 10% Contingency: $1,080,440.00 108,044.00 Total: $1,188,484.00 13 AUG 131991 BOOK uC r rn_LL1 Pr" AUG 13X991 BOOK 84 F'A JE 1 7 * Represents approximately 40% of Phase II of the North County Water Distribution System (i.e., plant interconnect on North U.S. 1 from the South County R.O. System) is already capitally budgeted (see attached map). • ** Project costs relative to Master Planned lines to serve schools and surrounding areas. As previously stated, $337,920.00, plus 10% contingency, is budgeted in Phase II of the North County Water Distribution System. The remaining $742,520.00, plus 10% contingency, will be funded from the schools' impact fees (i.e., $112,112.00 in impact fees) and the :remainder from the Utility Department's impact fee fund, which will be collected as other customers connect and pay their impact fees. 'The line sizes are taken predominantly from the Master Plan; slight changes have been made to accommodate the new proposed location -for the North County Water Treatment Plant. The final line sizes shall be determined by Post, Buckley, Schuh and Jernigan's North County Water Distribution System Project. The Utilities Department is :currently preparing a work authorization with our water plant consultant (Camp Dresser & McKee) to begin design on a North County Water Plant. The first phase of this plant will consist only of ;storage, high service pumps, a chlorination facility, and all associated permitting for the ultimate facility. The first phase of :this facility will be on line by the middle of 1992; until this 'facility becomes operational, we will only be able to supply the schools with drinking water, after which we will provide fire flow. We have outlined the total cost for engineering design .of this project as follows: Survey. fee Quotes: Kimball/Lloyd, Inc. $ 9,240.00 Carter Associates, Inc. 10,000.00 Kimley-Horn and Associates, Inc. $7,900.00 Three quotes for the project surveys were obtained and are listed above; we are recommending that we proceed with Kimley-Horn and Associates, Inc., for this work (see attached quotes). Estimated administrative costs, including postage, reproduction, and permitting fees Soil and other additional professional services (to include canal crossing structural, soil corrosiveness testing, etc.), with upper limit of Engineering fees (by County personnel) Total Estimated Cost: 5,000.00 r 10,000.00 $35.000.00 $57,900.00 RECOMMENDATION: The Department of Utility Services recommends that the Board of County Commissioners approve proceeding with in-house '=design, permitting, and bidding to construct the project, and authorize the Chairman of the Board of County Commissioners to execute the attached agreement with Kimley-Horn and Associates, Inc., for surveying. 14 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously (4-0, Chairman Bird being absent) approved proceeding with in-house design, permitting, and bidding to construct the project; and authorized the Vice Chairman to execute the agreement with Kimley-Horn & Associates for surveying. SAID CONTRACT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD Commissioner Scurlock wished to clarify, and Utility Services Assistant Director Harry Asher confirmed, that all design work on this particular project would be done in-house, with the exception of the survey. IXORA WAREHOUSE PROJECT - FINAL PAY REQUEST The Board reviewed memo from Utility Services Director Terry Pinto dated August 1, 1991: DATE: AUGUST 1, 1991 TO: FROM: :STAFFED AND PREPARED BY: ;SUBJECT: JAMES E. CHANDLER COUNTY ADMINISTRATOR TERRANCE G. PINTO / ZE1'L—, DIRECTOR OF UTILITY VICES HARRY E. ASHER ASSISTANT DIREC 0 • 1 ILITY SERVICES IXORA WAREHOUSE PROJECT - FINAL PAY REQUEST BACKGROUND: On January 29, 1991, the Board of County Commissioners approved the contract and change order No. 1 with Hunley Hubbard Construction and change order No. 2 was approved on July 2, 1991. • ANALYSIS: The construction is now complete and the Department has received the C.O. and the final pay request from Hunley Hubbard Construction. • Recommendation: :The Staff of the Department of Utility Services recommends thats+the Board of County Commissioners approve the attached final pay request :in the amount of $4,267.00 and authorize the chairman to execute. 15 BOOK f, GE RUC!i3�9 BOOK 4 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously (4-0, Chairman Bird being absent) approved and authorized the Vice Chairman to execute the final pay request from Hunley Hubbard Construction in the amount of $4,267 for the Ixora Warehouse project, as recommended by staff. SAID DOCUMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD FADE It, INDIAN RIVER MOSOUITO CONTROL DISTRICT - SPECIAL ELECTION The Board reviewed memo from County Attorney Charles Vitunac dated August 2, 1991: TO: BOARD OF COUNTY COMMISSIONERS . FROM: DATE: Charles P. Vitunac, County Attorney August 2, 1991 RE: INDIAN RIVER MOSQUITO CONTROL DISTRICT - SPECIAL ELECTION 1,:.i Indian River County has been requested by the Indian River Mosquito Control District and directed by the Legislature of the State of Florida, •pursuant to Florida Statute, to call for a special election to be held to allow the District to expand its boundaries by including the Town of • Fellsmere,. the subdivision of Vero Lake Estates, and certain surrounding properties. The election question authorizes • a not -to -exceed ten mill limit for mosquito control purposes. This limit is the same as currently exists in the rest of the District. The District and the Supervisor of Elections Office have agreed that November 5, 1991, would be an appropriate dateand if the Board so i agrees our office will publish the requisite notice n the newspapers for the election. The District has agreed that a ballot by mail election would be appropriate if the Supervisor of Elections wishes to hold such a ballot. RECOMMENDATION: Staff recommends that the Board adopt the attached resolution, which calls -for a special election to be held November 5, 1991, at which time the ballot question in section 1 of the resolution will be presented to the voters of the area to be annexed into the Mosquito Control District --probably by mail ballot. 16 • MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Scurlock, to adopt a resolution calling for a special election to expand the boundaries of the Indian River Mosquito Control District. Under discussion, Commissioner Scurlock recalled prior comments by members of the Board regarding items to be placed on ballots and, in particular, the timing of such ballots. He referred specifically to questions from the Land Acquisition Committee and Children's Services Advisory Committee and asked whether mail -out ballots would be applicable to that type of issue. Supervisor of Elections Ann Robinson responded that the only kind of election for which it cannot be used is when candidates are on the ballot. She commented that the mail ballot worked out very well when we first used it in 1988 and it cut the expenses of opening the polling places. For the specific type of ballot under discussion, the governing body calling the election (which, in this case, would be the Board of County Commissioners) must specifically vote to hold a mail ballot election; the Supervisor of Elections must agree, and we must receive written approval from the Secretary of State. County Attorney Vitunac indicated Section 2 of Resolution 91-94 directs the election to be by mail if the Supervisor of Elections so determines, and that proviso is there in case there is a timing problem or your plan is not accepted by the Secretary of State. Commissioner Eggert asked for clarification on the cost estimate, and Ms. Robinson responded that the $20,000 estimate would be for a County -wide election, and that cost would be primarily for postage. Supervisor Robinson further explained that a county -wide election would require using the punch card system. Supervisor Robinson asked the Board to authorize a paper ballot for the mosquito control district expansion because it would cut costs. Further discussion ensued regarding the timing of questions on ballots. Ms. Robinson reported that there will be four elections in 19921and questions about land acquisition or children's services could be placed on any one of those ballots. Vice Chairman Wheeler suggested the subject should be placed on the agenda and discussed at a future meeting. Supervisor Robinson reported the mosquito control district election cost would be approximately $2,000, which cost would be borne by the district. She had received a check from them for $1,000 and requested approval from the Board to accept the check . AUG _3x`'91 17 BOOK 84 FAvE AUG 199 BOCK 84 FSE 21 and to deposit it in the special elections account. Ms. Robinson recapped three requests: One, vote to hold an election by paper ballot and, if possible, by mail; two, adopt the Resolution so that it can be included with her letter to the Secretary of State; three, accept the check for $1,000. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously (4-0, Chairman Bird being absent) adopted Resolution 91-94 calling for a special election to expand the boundaries of the Indian River Mosquito Control District; approved an election by paper ballot, to be by mail, if possible; and accepted the $1,000 check from the Mosquito Control District. RESOLUTION NO. 91- 94 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CALLING FOR A SPECIAL ELECTION TO EXPAND THE BOUNDARIES OF THE INDIAN RIVER MOSQUITO CONTROL DISTRICT TO INCLUDE FELLSMERE, VERO LAKE ESTATES, AND ADJACENT PROPERTIES AND TO AUTHORIZE THE DISTRICT TO IMPOSE AN AD VALOREM TAX OF NOT -TO -EXCEED TEN MILLS ON SUCH NEWLY INCLUDED PROPERTY. WHEREAS, the Indian River Mosquito Control District (hereinafter DISTRICT) has recommended to the County that the City of Fellsmere, the unincorporated area known as Vero Lake Estates, and adjacent properties be incorporated within the DISTRICT boundaries to provide mosquito control services within those areas; and WHEREAS, pursuant Section 388.211, Florida Statutes, the Board of Commissioners of the DISTRICT may request the Board of County Commissioners in each county to change the boundaries of the DISTRICT; and WHEREAS, Indian River County has approved such boundary change by Resolution No. 90-99, adopted on September 4, 1990, and to expand the DISTRICT's boundaries to include the area described in Resolution No. 90-99; and WHEREAS, by Chapter 91-337, Laws of Florida, the Legislature confirmed the addition of Fellsmere, Vero Lake Estates, and adjacent areas, as described in Resolution No. 90-99, into the DISTRICT boundaries subject to a referendum of the qualified electors in the area to be included; and 18 WHEREAS, Florida law requires that before any special district can impose an ad valorem tax that there be a referendum approving such levy; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS AF INDIAN RIVER COUNTY, FLORIDA, AT THE REQUEST OF THE BOARD OF COMMISSIONERS OF THE INDIAN RIVER MOSQUITO CONTROL DISTRICT, that: 1. A special election be called within the territory to be added to the DISTRICT, i.e., as described in Resolution No. 90-99, to be held on November 5, 1991, at which the following question will be presented to the voters: SHALL THE INDIAN RIVER MOSQUITO CONTROL DISTRICT BOUNDARIES BE ENLARGED TO INCLUDE THE TOWN OF FELLSMERE, VERO LAKE ESTATES SUBDIVISIONS, AND ADJACENT AREAS WITH THE ABILITY TO IMPOSE AN AD VALOREM TAX OF NOT -TO -EXCEED TEN MILLS ON THE PROPERTIES SO INCLUDED, ALL FOR THE PURPOSES FOR WHICH THE DISTRICT WAS ESTABLISHED? YES For Approval NO For Rejection 2. The Supervisor of Elections is authorized to hold this election by mail ballot or by regular ballot, as she best determines. The resolution was moved for adoption by Commissioner Scurlock , and the motion was seconded by Commissioner Eggert , and, upon being put to a vote, the vote was as follows: Chairman Richard N. Bird Absent Vice Chairman Gary C. Wheeler Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Margaret C. Bowman Aye Commissioner Carolyn K. Eggert Ay e The Chairman thereupon declared the resolution duly passed and adopted this 13 day of August , 1991. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By 19 3 1991 Com/ E'er Gar C. Wheeler Vice Chairman o BOOK F'��E AUG 13 '99 �a BOOK 84 FACE 23 TRAIN WHISTLES County Attorney Charles Vitunac made the following presentation: TO: BOARD OF COUNTY COMMISSIONERS FROM: DATE: RE: Charles. P. Vitunac, County Attorney July 29, 1991 TRAIN WHISTLES • The U.S. Department of Transportation, Federal Railroad Adminis- tration, has issued an emergency rule requiring the Florida East Coast Railroad to sound its whistles. at crossings along the east coast of Florida regardless of any city or county ordinances to the contrary. The rule specifically claims preemption over local regulation of regulation of railroad whistles, pursuant to the authority of the Federal Railroad Safety Act of 1970. ;° • ; .: '.) •'t;$:' Since the rule was issued in an emergency fashion, the rule will ' be - subject to • further review in a noticed hearing pursuant to the federal administrative • procedures act. It is possible for the County to • intervene and participate in any such rule hearing if. the Board of County Commissioners so desires. If the County does not actively participate, we would have to wait for a permanent rule to be enacted and should then repeal or amend our existing ordinance depending on what the permanent rule may say. i • • ,:•,;. 4' .� Staff . requests direction from the Board whether to intervene in any rule hearing or not. • If intervention is recommended, staff would .• suggest that the County enlist the aid of the Florida Association of Counties and the Florida League of Cities. • • Commissioner Scurlock asked whether the Florida League of Cities or the state association has taken a position on this issue. County Attorney Vitunac did not think so and added that the problem involved only the east coast counties because this rule covers only the Florida East Coast Railroad. Commissioner Scurlock felt we would not want to waste resources opposing the rule if those groups were in favor of the rule. Commissioner Eggert led a discussion regarding statistics of accidents. She asked if anyone knew of a fatality which did not involve suicide or someone who ran the gates and flashing lights. Administrator Chandler recalled no injury or death as a result of the lack of gates or lights. Commissioner Eggert also asked whether we have a crossing that does not have gates. Public Works Director Jim Davis responded that we do not have crossings that do not have gates. 20 Commissioner Scurlock remarked that the statistics did not detail whether these figures are associated with all crossings or with crossings that actually had guard gates. Commissioner Bowman felt there were important details missing. For one thing they don't say how much heavier the traffic has become during the night hours. They don't take that into consideration at all. Another point is the increase in population. Commissioner Eggert and Commissioner Scurlock agreed there are several components which were not taken into consideration in arriving at these statistics, such as, while there may be a one percent increase in deaths, there may be a ten percent increase in traffic, or the accidents may have occurred at crossings that do not have a guard gate. Vice Chairman Wheeler stated we have gates at every crossing with flashing lights and bells clanging, and between ten at night and six in the morning, if you do not see the lights, you are asleep at the wheel. He felt our ordinance to ban the train horns from 10 p.m. to 6 a.m. is reasonable. Commissioner Bowman remarked that, although she thought the figures are wrong, she voted against stopping whistle blowing and would do the same thing today. She was not convinced that we do not need that extra precaution. As far as the noise, she is not bothered by the trains, and felt people who live near the tracks have no trouble getting accustomed to it. Vice Chairman Wheeler recounted his experience of living in a house near the tracks. He felt, with the new technology of automatic gates and flashing lights and bells clanging, plus the headlight of the train moving up and down and from side to side, there is no need for trains to blow a whistle or horn. Commissioner Scurlock emphasized the Board's responsibility is to our constituency. He personally is not bothered by trains but realized some people are bothered significantly by the train horn. Vice Chairman Wheeler recognized those who wished to be heard in this matter. Dr. Juanita Bailey, 555 4th Street, Lot 16, Woodlawn Manor spoke on behalf of signers of petitions to stop the train whistles. She did not believe the Board would make decisions on a personal basis or what affected them directly because they were elected to represent the people. Dr. Bailey said that when this issue came ups she went around with petitions and brought in 43 signatures and then 28 signatures. She spoke of living in Chicago near a turn of the elevated tracks and hearing the trains screech as they came around the turn, and somehow lived with that noise. When she returned to Vero Beach and was working in her office till 12:30 AUG 13 99 21 BOOK 84 FAE AUG 1.3 199 BOOK 84 ,AcE 25 a.m. she mentioned four trains going past (at various times) and blowing their horns (some loud and some louder) and speeding, all of which prevented her from falling asleep. Dr. Bailey described herself as a loyal citizen of the United States who has had all kinds of honors for the recruiting service. She stated she is here to represent the people who signed the petitions in favor of our ordinance. She felt the federal government issued this rule without notice, and she appealed to the Board to make decisions based on the wishes of the people who signed the petition. Bill Koolage, 815 26th Avenue, suggested that the railroads were interested in protecting themselves from lawsuits and suggested we should work to get them immunity from the foolish acts of people who impatiently go around the crossing gates. Commissioner Scurlock thought railroad in a better position. Discussion ensued regarding placement of railroad track crossings and the cost and the fact that Florida East Coast Railroad dictates the placement of crossings, constructs and maintains the crossings, and sends the bill to Indian River County. We have no ability to take bids or negotiate contracts to save tax dollars. Mike Moore, 13085 Bay Street in Roseland, spoke of a rule which prohibits the engineer of a train from applying his emergency brake until impact. Apparently this was put into effect because of the many incidents of cars being on the track and playing "chicken"; that is, the engineer applied the brake, stopped the train, and the car drives off. In the meantime, the train may have jackknifed. He felt this is more important than the whistle. Mr. Moore reported incidents where people had knocked on his door saying they had just been in a train accident. He also witnessed the train come down at full speed and not hit the brakes until after impact. He asked the Board to investigate the speed of trains and the law pertaining to stopping on impact; then we may be able to fight the blowing of train whistles. Mr. Moore described an experiment of a hypothetical situation where his sister-in-law would have to remove her three children from their' car seats, and even if the whistle were blown, there would not be enough time to get the children out of the car. Commissioner Scurlock asked if his point is that allowing the emergency brake to be applied would have more impact than the whistle blowing. Mr. Moore responded that people would have a better chance to get out of the way. Vice Chairman Wheeler felt applying the brake would be futile because it takes a quarter to a half mile for the train to stop our ordinance placed the 22 after the brake is applied. In addition, you run the risk of derailing the train and causing personal injury to other people. Mr. Moore argued that trains stop in stations; so, again, speed is the factor. Vice Chairman Wheeler stated there are speed limits for trains. Mr. Moore would like the Board to investigate safe speed limits and when to stop the trains. George Corley from Brevard County distributed a report entitled "FEC Whistle -Ban Potential Crossings." He pointed out there had been a decrease in accidents experienced in Indian River County since the ban on train whistles between 10 p.m. and 6 a.m. He mentioned noise abatement in airplane traffic and also mentioned that in Europe there is no commercial trucking on the weekends. He stated the report lacks the details of the accidents: whether they were playing Russian roulette or under the influence of drugs or alcohol, or breaking the law and being chased by the police. Mr. Corley thought it important for the Commissioners to check with the police department and sheriff's department and the coroner for these details. Mr. Corley described an experiment of being in his car at a crossing with his windows closed and air conditioning on and radio going and noted that by the time he heard the last blast of the train horn, the engine was already through the crossing. In other words, the train whistle is not as effective as the flashing lights. He pointed out the biggest increase in accidents was in Dade and Broward Counties. He also pointed out the data in the report does not reflect the increase in train traffic, which is a point that should be considered and advised that when he brought up the point of the increase in population, he was told there was no increase in accidents during the daylight hours. His retort was that during the daylight hours people are not spaced out or drunk. He also would like the data to indicate whether it is Saturday night. Doris Waring, 1256 42nd Avenue in Vero Beach, informed the Board that her son was killed by a train. During the investigation of the accident, the statements indicated the gate had been going up and down all day, so Mrs. Waring does not know whether the car went around the gates, and will never know. Mrs. Waring remarked there will always be young people out after 10 p.m., children on buses going on field trips, to ballgames, bands coming back late at night. She felt most parents would like to hear the horns blow. There also are people going back and forth to work between 10 p.m. 23 • AUG 13199' BOOK 8 AUG 1 199 BOOK 84 i� FE and 6 a.m. and they could be hit by a train. Furthermore, trains would not have horns if they were not meant to be blown. Matt McAndrews, 4115 Indian River Drive, also lost a child at an unprotected railroad crossing. He felt safety has precedence over inconvenience. Mr. McAndrews believed we have to protect ourselves from the railroads because the railroads have had precedence with the federal government. Mr. McAndrews corrected an earlier comment; there is no law that says a train cannot apply their brakes in an emergency situation; that is not true. Commissioner Scurlock pointed out our ordinance allows an engineer to sound the horn if he sees an emergency; so, it is not an absolute ban. Mr. McAndrews was concerned about malfunction and felt the horn is the last safety precaution. During electrical storms, for instance, the gates come down and people do stupid things. He also commented that if you cannot hear a whistle in your car, how can you hear it in your home with windows closed and under blankets and pillows. Commissioner Scurlock asked whether the engineer receives a signal that a grade is not functioning. Public Works Director Jim Davis believed there is a visible signal that the train engineer can see. Commissioner Scurlock also pointed out that under our ordinance, in torrential rains, the engineer is allowed to blow the whistle. Director Davis added that the FEC continually upgrades the signals in our County at the crossings and they bill us when they do. We spend about sixty thousand dollars a year paying the FEC for signals. Commissioner Wheeler said there is a lot he agrees with and a lot he disagrees with and felt there is quite a bit of difference between being in a car on a Saturday night with the windows up and the radio on, and being in your bed at two in the morning, and awakened from a deep sleep. He reiterated his belief that the whistle is not as important as the headlight on the train and the flashing lights at the crossings. Jack Graham, 59 Woodland Drive, corrected a misnomer; there has not been a train whistle in forty years. These are train horns and there is a great difference between a train horn and a whistle. He said he had been eagerly awaiting the figures Mr. Corley brought, which tell us that there are great increases in accidents in Dade and Broward Counties, but that in Indian River and many other counties there have been some increases and some decreases. He compared the federal rule on sounding train horns to forcing 24 us to increase our police force because Dade and Broward Counties have a crime problem, or spanking all the kids because one kid did something wrong. FEC and FRA should get together with the Dade and Broward County people and solve their problem down there. Trains should be forced to reduce their speed. We know that the gates and the lights are effective. We have plenty of proof of that. He had been told by the railroad people that if there is an electrical outage all the safety equipment is backed up with batteries, and if there were some other types of malfunctions the gate would be lowered automatically. All these backups seem to stack up in favor of doing away with the horns. Paul Spencer, 37 Pine Arbor Lane, Number 207, in Vista Royale thought it was wonderful when they stopped blowing the whistle in 1987. He agreed with the previous speakers that the statistics show increases pertaining to Dade and Broward Counties and involve DUI or foolhardy people going around gates which are down and flashing. He felt if a car goes around closed gates, the train crew could blow any number of whistles in the world and you would still get hit; the whistle itself is not going to stop you. Accidents increase at night because during the day, normally, people are working or, at least, not drinking. He did not think we should have to pay for Dade and Broward problems, and he felt reinstituting the whistle blowing has ruined the quality of life up here, at least for the residents of Vista Royale. Commissioner Scurlock asked if staff have the numbers in terms of day trains versus night. Director Davis did not have the data at hand but felt the data does not represent the conclusion that reactivating the horns would be that beneficial. However, there is more train traffic at night than in the daytime. Vice Chairman Wheeler asked how many accidents we have had since we enacted the ordinance banning train whistles between 10 p.m. and 6 a.m. Director Davis did not have that specific information at hand but the report distributed by Mr. Corley indicated six accidents; one accident between 10 p.m. and 6 a.m., which was in Sebastian, and five accidents during daytime hours when the whistle blows. Commissioner Eggert thought it interesting that the report skipped all the accidents which happened in areas where the whistles are blown. Mr. McAndrews stated the Board cared enough to put the gates and lights at the crossings, which saved lives; he asked the Board to care enough to do the horns. 25 AUG 131091 BOOK F�A,E :/,)C) AUG 13 1991 BOOK ,4 f'AI,E Commissioner Scurlock asked if there are any crossing gates which eliminate the possibility of going around them. Director Davis said there are not. There are various types of gates, the most visible being the cantilever type like the one on 16th Street which covers not just the roadway but also the pedestrian path. It's difficult to go around them because they do overlap when they close. Commissioner Bowman questioned the cost of taking any action. Attorney Vitunac suggested, since this temporary rule just came out about ten days ago, one method may be for us to wait and see what the rest of Florida does. Commissioner Eggert suggested we inquire of FACO and the League of Cities as to what their plans are, express this Board's feelings on it, and not involve ourselves in any expenditure of funds at this point. Vice Chairman Wheeler agreed, if we have a clear position, we should let FACO and NACO know where we stand and wait and see. Commissioner Scurlock took the position to support our ordinance, to convey that to the state association of Florida, the League of Cities, and other appropriate groups which are involved, and investigate the potential cost to litigate because we do not want to spend money to litigate the issue and be unsuccessful. Attorney Vitunac was hopeful that if some major county, like Dade or Broward, decides to challenge the rule, we can join in as a signatory to their appeal and not have to go to Washington or wherever this is. He agreed to check into both aspects and the FACO and the League of Cities. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously (4-0, Chairman Bird being absent) agreed to support our ordinance; confer with appropriate bodies that may be considering litigating the matter; convey that position to FEC as well as the federal government; evaluate our position; and revisit this matter for action in the future. SOLID WASTE DISPOSAL DISTRICT Vice Chairman Wheeler announced that immediately upon adjournment the Board would reconvene sitting as the Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared separately. 26 There being no further business to come before the Board, on motion duly made, seconded and carried, the meeting adjourned at 10:15 o'clock A. M. ATTEST 27 An 3 199 BOOK