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8/20/1991
BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA REGULAR MEETING TUESDAY, AUGUST 20, 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 - Rev. Richard Clark, Pastor Our Savior Lutheran Church 3. PLEDGE OF ALLEGIANCE - Comm. Don C. Scurlock, Jr. 4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS 1. As Item H on the Consent Agenda, a proclamation designating National JTPA Alumni Week. 2. As Item I on the Consent Agenda, appointment of Sebastian May®r, W.E. Conyers to the TPC. 3. As Item 11-G-3, Bid Award. 91--118 for playground equipment at 5. PROCLAMATION AND PRESENTATIONS Treasure shores Park. 4. Scheduling of a workshop None with Tourist DeEvelopment Council. 6. APPROVAL OF MINUTES None 7. CONSENT AGENDA A. Approval of appointments of Deputy Sheriff by Sheriff Tim Dobeck: Patrick A. Ayers Ryan L. Butler Mark W. Howder Frank S. LoMonaco AUG 2 0 1991 B. Received and placed on file in the office of the Clerk to the Board: Report No. 11706 -operational performance audit of the Office of the Public Defender, Nineteenth Judicial Circuit - 7/1/89-12/31/90 C. Received and placed on file in the office of the Clerk to the Board: Report of Convictions, month of July, 1991 DON( L1`"0 [;L a AU620 1191 BOOK 84 PAGE r. 7. CONSENT AGENDA (continued): D. Unemployment Compensation, Budget Amendment 044 (memorandum dated August 13, 1991) E. Misc. Budget Amendment 045 (memorandum dated August 14, 1991) F. Bid 91-121 - Surplus Property (memorandum dated August 7, 1991) G. King's Baptist Church's Request for Site Plan Extension (memorandum dated August 5, 1991) 8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES None 9:05 a.m. 9. PUBLIC ITEMS A. PUBLIC DISCUSSION ITEMS None B. PUBLIC HEARINGS 1. Public Hearing for the Paving & Drainage Improvements . to 101st Avenue between 87th St. & C.R. 512 in Vero Lake Estates Sub. (memorandum dated July 30, 1991) 2. Riverside Church Assembly of God, Inc.'s Request for Special Exception Use Approval To Expand an Existing Place of Worship (memorandum dated July 30, 1991)— . 3. AN ORDINANCE AMENDING INDIAN RIVER COUNTY ORDINANCE 86-32, LOCAL OPTION GAS TAX, BY EXTENDING THE EFFECTIVE PERIOD OF TAX TO AUGUST 31, 1996 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. COMMUNITY DEVELOPMENT None B. EMERGENCY SERVICES FY 92 Radiological Emergency Preparedness Agreement (FP & L Grant) (memorandum dated August 7, 1991) C. GENERAL SERVICES None -9 11. DEPARTMENTAL MATTERS (continued): D. LEISURE SERVICES None E. OFFICE OF MANAGEMENT AND BUDGET None F. PERSONNEL 1. Administrative Policy Manual (memorandum dated August 8, 1991) 2. Health Benefit Program / RFP91 - RFP -41 (memorandum dated August 9, 1991) G. PUBLIC WORKS 1. Ind. Riv. Blvd., Phase III, Change Order #1 (memorandum dated August 9, 1991) 2. Sandridge Golf Course New 18, Amendment #1 (memorandum dated August 14, 1991) H. UTILITIES None 12. COUNTY ATTORNEY None 13. COMMISSIONERS ITEMS A. CHAIRMAN RICHARD N. BIRD B. VICE CHAIRMAN GARY C. WHEELER C. COMMISSIONER MARGARET C. BOWMAN Discussion of State Road 60 (no back-up) D. COMMISSIONER CAROLYN K. EGGERT E. COMMISSIONER DON C. SCURLOCK, JR. AUG 2 0 1991 • BOOK PAL �JL gtte20199 BOOK 84 FA6E Ry 14. SPECIAL DISTRICTS A. NORTH COUNTY FIRE DISTRICT None B. SOUTH COUNTY FIRE DISTRICT 1. Approval of Minutes - Meeting of 3/19/91 2. Approval of Minutes - Meeting of 6/4/91 3. Firefighters Pension Fund (memorandum dated August 13, 1991) C. SOLID WASTE DISPOSAL DISTRICT None 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, August 20, 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 20, 1991, at 9:00 o'clock A.M. Present were Richard N. Bird, Chairman; Gary C. Wheeler, Vice Chairman; Margaret C. Bowman; Carolyn K. Eggert; and Don C. Scurlock, Jr. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and Barbara Bonnah, Deputy Clerk. The Chairman called the meeting to order. Reverend Richard Clark, Pastor of Our Savior Lutheran Church, gave the invocation, and Commissioner Scurlock led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Bird requested the following additions to today's Agenda: 1) As Item H on the Consent Agenda, a proclamation designating National JTPA Alumni Week. 2) As Item 11-G-3, Bid Award 91-118 for playground equipment at Treasure Shores Park. 3) Scheduling of a workshop between the Board and the Tourist Development Council. Commissioner Bowman requested the addition, as Item I on the Consent Agenda, of approval of Mayor W. E. Conyers as the City of Sebastian's representative on the IRC Transportation Planning Committee. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously added the above items to today's Agenda. BOOK AUG 20 1991 AUG 2(/ d99i BOOK 84 PAL�E 3C CONSENT AGENDA A. Approval of Appointments of Deputy Sheriff by Sheriff Tim Dobeck ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously approved the following appointments of Deputy Sheriffs by Sheriff Tim Dobeck: Patrick A. Ayers Ryan L. Butler Mark W. Howder Frank S. LoMonaco B. Report Received and placed on file in the office of the Clerk to the Board: Report No. 11706 - operational performance audit of the Office of the Public Defender, Nineteenth Judicial Circuit - 7/1/89-12/31/90. C. Report Received and placed on file in the office of the Clerk to the Board: Report of Convictions, month of July, 1991 • D. Budget Amendment 044 - Unemployment Compensation The Board reviewed the following memo dated 8/13/91: TO: Members of the Board of County Commissioners DATE: August 13, 1991 SUBJECT: UNEMPLOYMENT COMPENSATION BUDGET AMENDMENT 044 - CONSENT AGENDA THROUGH: Joseph A. Baird OMB Director FROM: Leila Beth Miller Budget Analyst \55 - DESCRIPTION AND CONDITIONS The State of Florida, Department of Labor, has charged Indian River County for Unemployment Compensation payments to former employees. A budget amendment is requited to reflect these payments. RECOMMENDATION Staff recommends that the Board of County Commissioners approve budget amendment 044 to refund Unemployment Compensation payments, funding to come from contingencies. 2 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously approved Budget Amendment 044 to refund Compensation payments, contingencies. TO: Members of the Board of County Commissioners THROUGH: Joseph A. Bairdc: OMB Director FROM: Leila B. Miller Budget Analyst Unemployment funding to come from SUBJECT: BUDGET AMENDMENT NUMBER: DATE: 044 August 13. 1991 Entry 111 ber' Funds De•-rtment Account 1. (GENERAL FUND :Supervisor of Elections ;Unemployment Compensation :Parks :Unemployment Compensation :Building and Grounds Unemployment Compensation :EMS Unemployment Compensation ,Probation Unemployment Compensation Clerk to the Board 'Unemployment Compensation ,Clerk to the Court Unemployment Compensation 11 1 ame ' Account Number ' Increase ' Decrease !001-700-519-012.15!$ 1001-210-572-012.15!$ !001-220-519-012.151$ :001-253-526-012.151$ 11 1 1 !001-908-523-012.15!$ 1 1 :001-300-513-012.1_51S Reserve for Contingency 1 !001-309-516-012.15 $ 1 1 1001-199-581-099.91,$ i 30 70 160 134 136 3-302 398 0 $ 0 S 0 $ 0 $ 0 $ 0 S 0 $ 0 $ 4.230 UTILITIES 1 1 1 General Unemployment Compensation ,other Operating Supplies 'Water !Unemployment Compensation !Maint. Strutt. Except Bldg. 1 1 1 1 !471-235-536-012.151$ 1 1 1 1 1471-235-536-035.29!$ 1 1 1 :471-218-536-012.15!$ 1 i. 1471-218-536-034.661 1 11 1 178 0 386 0 S 0 $ 178 S 0 S 386 GOLF COURSE Pro Shop Unemployment Compensation Maintenance - Buildings 1 1 1.418-236-572-012.151$ 12 !$ 0 418-236-572-034.611$ 0 1$ 12 • AUG 20 1991 3 BOOK,f',1LE , �' AUG 2©t99 E. Budget Amendment 045 - Miscellaneous BOOK 84 FACE The Board reviewed the following memo dated 8/14/91: TO: Members of the Board of County Commissioners DATE: August 14, 1991 SUBJECT: MI SCELIANEOUS BUDGET AMENDMENT 045 CONSENT AGENDA FROM: Joseph A. Baird OMB Director DESCRIPTION AND CONDITIONS The attached budget amendment is to appropriate funding for the following: 1. The attached entry appropriates debt service for North Beach Water bonds. The interest payment was capitalized in the bond issue. 2. Two surplus automobiles belonging to the Property Appraisers were sold for $3,311.00. The Property Appraiser needs the $3,311.00 to apply to the purchase of the replacement vehicles. 3. The attached entry transfers Police Academy Trust Fund contingencies of $25,000 to Meetings and Seminars. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached budget amendment. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously approved Budget Amendment 045 for miscellaneous items, as recommended by staff. TO: Members of the Board of County Commissioners FROM: Joseph A. Baird OMB Director SUBJECT: BUDGET AMENDMENT NUMBER: 045 DATE: August 14, 1991 Entry Number Funds/Department/Account Name ! Account Number 1 Increase 1 Decrease 1. REVENUE Utilities -Water Cash Forward -October 1 ,471-000-389-040.00 $ 268,125 EXPENSE Debt Service ;471-219-536-077.21 $ 268.125 2. REVENUE GENERAL FUND Sale of Surplus Ectuipment .001-000-364-041.00 $ 3.311 $ EXPENSE GENERAL FUND/Property Appraiser; Automobile ;001-500-513-066.42,$ 3,311 $ i 3.fEXPENSE 'POLICE ACADEMY TRUST FUND ;Meetincts and Seminars Reserve for Contingency 1 ,103-600-521-035.43;$ ;103-600-581-099.91!$ 25,000 0 0 $ 25,000 F. Bid 91-121 Surplus Property - East Half of Lot 13, Block 3, Knights Addition to Edgewood The Board reviewed the following memos dated 8/7/91 and 6/24/91: TO: BOARD OF COUNTY COMMISSIONERS TIIRU: games E. Chandler, County Administrator H.T. "Sonny" Dean, Director Department of General Services FROM: Fran Boynton, Purchasing Manager SUBJ: Bid 91-121 Surplus Property Parcel ID # 02-33-39-00010-030-00013.0 DATE: August 7, 1991 BACKGROUND INFORMATION: Bid Opening Date: Advertisement Dates: Replies: BID TABULATION Olive Megears Vero Beach,'FL July 31, 1991 July 17,24, 1991 One (1) Response TOTAL $6,000.00 RECOMMENDATION: Staff recommends acceptance of the sole bid received from Olive Megears in the amount of $6,000.00 and authorize the Chairman to execute the appropriate documents. TOTAL AMOUNT OF BID AUG 20191 $6,000.00 5 BOOK 84 FACE AUG 0`99 BOOK 84 PAUL 40 INDIAN RIVER COUNTY, FLORIDA INTER - OFFICE MEMORANDUM TO: Board of County Commissioners THRU: James Chandler County Administrator FROM: Asst. ondy oClounty AdministratorREFERENCES: DATE: June 24, 1991 FILE: Olive Megear's SUBJECT: Property Boundaries BACKGROUND The County Administrator's Office received a letter from Olive Megears dated May 23, 1991 concerning her property- boundaries. Ms. Megears indicated that when she purchased Lots 11 and 12, Block 3, Replat of Blocks 3, 4, and 7 of Knights Addition to Edgewood approximately 20 years ago, she believed that the east half of Lot 13 was also included since it had the carport and a utility building on it. Ms. Megears also indicated that the carport and utility building have been there for almost 50 years. However, her deed and the subsequent 20 years of tax bills stated she only owns Lots 11 and 12. Ms.. Megears had a title search of Lot 13 done in May 1991 and the title search stated that Indian River County owns the lot. According to a May 1, 1945 County Resolution, the County acquired title to Lots 13, 14, 15, and 17-21, Replat of Blocks 3, 4, and 7 of Knights Addition 'to Edgewood from tax foreclosure and dedicated the above eight Tots to public use and purposes and for public school use and purposes as requested by the County School Board. The property has been dedicated for those purposes ever since. Since Ms. Megears has buildings on county -owned land, she would like to obtain legal ownership of the east half of Lot 13.• • •CURRENT Currently, Lot 13 is a partially improved, RM -10 zoned, 123'' x 501 lot that has a drainage ditch and power lines cutting the lot in half. The west half is unimproved and is adjacent to Lots 14-21 which are paved for the junior high school parking. The east half consists of Ms. Megears' carport and utility building. The Property Appraiser's office has indicated that the east half of Lot 13 has a market value of approximately $7,500. The School Board has no Interest in the east half of Lot 13. RECOMMENDATION Staff recommends the Board rescind the above described dedication on the east half of Lot 13, • Block 3, Replat of Blocks 3, 4, and 7 Knights Addition to Edgewood and declare the half lot as surplus property, and authorize staff to dispose of the east half of Lot 13 in accordance with F.S. 125.35. Since the value of the east half of Lot 13 is above $5,000, competitive bids are necessary. Staff will bring back, at a later date, the results of the competitive bids for Board approval and deed execution. RD/mg 6 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously accepted the sole bid received from Olive Megears in the amount of $6,000 and authorized the Chairman to execute the appropriate documents. COPY OF COUNTY DEED IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD G. Kinds Baptist Church's Request for Site Plan Extension The Board reviewed the following memo dated 8/5/91: TO: James E. Chandler County Administrator DIVISION HEAD CONCURRENCE: Robert M. Kea ing AICP Community Development Director THROUGH: Stan Boling, AICP Planning Director FROM: John W. McCoy, AICP Senior Planner, Curri~nt Development DATE: August 5, 1991 SUBJECT: Kings Baptist Church's Request for Site Plan Extension It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 20, 1991. DESCRIPTION AND CONDITIONS: On August 23, 1990, the Planning and Zoning Commission conditionally approved a major site plan application submitted by Peterson and Votapka on behalf of Kings Baptist Church. Conditional approval was given to construct parking lot improvements for the Church located at 3235 58th Avenue. Kings Baptist Church has requested that site plan extension be granted. Due to funding and recent economic conditionsyKings Baptist has been unable to construct the parking lot improvements. This project was originally reviewed under the County's old LDR's and, pursuant to Section 23.2(g)(2) of the old County Ordinances, a request for site plan extension was submitted prior to the expiration date of the approved site plan. As provided for in the regulations, the Board of County Commissioners may act upon this request. • AUG 20 1991 7 BOOK PAL,E 41 Fr - AUG 20199 BOOK 84 FF',.E 4' Although County regulations have changed with adoption of the new LDR's, the members of the Technical Review Committee (TRC) concur that the changes as applied to the subject project are not significant enough to require any site plan revisions or redesign. Pursuant to the provisions of the applicable site plan ordinance, Kings Baptist is requesting a full one year extension of the approved site plan. Pursuant to the site plan ordinance, the Board of County Commissioners may grant, or grant with additional conditions, such site plan extensions. In staff's opinion, the current site plan application, subject to the original conditions specified by the Planning and Zoning Commission,would substantially conform to existing requirements. RECOMMENDATION: Staff recommends approval of Kings Baptist Church's request for a one (1) year extension of the conditionally approved site plan. The new site plan expiration date will be August 23, 1992. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously granted a one-year extension of the conditionally approved site plan for Kings Baptist Church; new site plan expiration date will be August 23, 1992. 8 H. Proclamation - National JTPA Alumni Week DESIGNATING AU US'1tA2TIO�UGUS`P 30, 1991 11S NATIONAL JTPA ALUMNI WEEK WHEREAS, the federally funded Job Training Partnership Act (JTPA) is an effective program for assisting school dropouts, welfare recipients, unskilled adults, displaced homemakers, dislocated workers and others who face serious barriers to employment; and WHEREAS, the members of Congress, the press and our community should be informed of the positive impact JTPA Iias on the lives of our fellow citizens; and WHEREAS, all partners in the JTPA system (federal, state and local governments, business, labor, education, community-based organizations and service providers) must assume an active role in effectively communicating the success of the. program; and WHEREAS, JTPA Alumni (individuals who have successfully completed the program) who have overcome their barriers to employment and•are now productive members of our community are the best advocates for the program; and WHEREAS, it is the desire of the Indian River County Board of Commissioners to officially recognize the achievements of JTPA Alumni and to support the program administered by the Treasure Coast Private•Industry Council: NOW, TIIEREFORE, BE IT PROCLAIMED BY THE I1OAIW OF COUNTY COMMISSIONERS of Indian River County, Florida that the week of August 26 through August 30, 1991 be recognized as NATIONAL JTPA ALUMNI WEEK and the Board further declares that Wednesday, August 28, 1991 be observed as JTPA ALUMNI RECOGNITION DAY in Indian River County. The Board urges all residents of Indian River County to support the Treasure Coast Private Industry Council in its endeavors. Adopted this 20th day of August, 1991. AUG 20 1991 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Richard N. Bird, Chairman 9 BOOK U6E 199 BOOK 8 FAJJE I. Appointment to the Transportation Planning_Committee The Board reviewed the following memo dated 8/16/91: ar gunnel {� .V f1 " cp Public Works ,.^,��` � `� City of Sebastian Community uev. 0� 1991 V. POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 Utilities eaec£`sV v TELEPHONE (407) 589-5330 0 FAX (407) 589-5570 Finance rp Co, ON ti'1; Other 9 F August 16, 1991 Board of County Commissioners Indian River County Administration 1840 25th Street Vero Beach, FL 32960 Dear Commissioners: Mayor W.E. Conyers, at the August 14, 1991 Regular City Council meeting, volunteered, with the concurrence of City Council, to be a member of the Indian River County Transportation Planning Committee. Councilman Peter Holyk will continue in his capacity as alternate member. Any correspondence for either member may be addressed to this office. Sincerely, �-�'► D'gi .e!deo„ Kathrlfn M. O'Halloran, CMC/AAE City Clerk ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously approved the appointment of Mayor W.E. Conyers to the TPC as the City of Sebastian's representative, with Councilman Peter Holyk continuing as the City's alternate member. PUBLIC HEARING - VERO LAKE ESTATES SUBDIVISION - PAVING & DRAINAGE IMPROVEMENTS TO 101ST AVE. BETWEEN 87TH ST. & CR -512 The hour of 9:05 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication, to wit. 10 VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press•Journal, a daily newspaper published at VVeroJBeach in Indian River County, Florida; that the attached copy of advertisement, being �ro a /4f./I In the matter of fesZ. 9/-fi In theCourt, was pub- lished in said newspaper in the Issues of `�/ '' 442.1,i is /y9/ 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 further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this a I• 3^ (SEAL) day of (11 LAD 19 9/ (Business Manager) (Clerk -of -the Circuit Court; Indian River C6unty, Florida) RESOLUTION NO. 91-84 A RESOLUTION OF INDIAN RIVER COUN- TY. FLORIDA, SETTINGS A TIME AND PLACE AT WHICH THE OWNERS OF PROPERTY ON 101ST AVENUE BE- TWEEN 87TH STREET .AND CR 512 IN VERO LAKE ESTATES SUBDIVISION AND OTHER INTERESTED PERSONS MAY AP- PEAR BEFORE THE BOARD OF COUNTY COMMISSIONERS AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF MAKING PAVING AND DRAINAGE 9,1- • PROVEMENTS TO SAID PROPERTY AS TO THE COST THEREOF. AS TO THE MANNER OF PAYMENT THEREFOR, AND AS TO THE AMOUNT THEREOF TO BE SPECIALLY ASSESSED AGAINST EACH PROPERTY BENE* -1 m m tU THEREBY. WHEREAS. the Board of Canty Commissioners of Indian River County has, by Resolution NO. 91- 83, determined that 8 ie necessary for the pubes welfare of the citizens of the county, and particularly as to those Ming. workkg, and owning property withfiinn 8180 area desclbed hereafter. that paving and drarWHEREEAS. the B hoard of made C�ammissbners has caused an assessment roil to be completed and Ned with the Clerk to the Board; and WHEREAS, Sec ion 11.48. Indian River County Code, requires that the Board of County Commis- sioners shall lb( a time and place at which the Own- ers of the properties to be assessed Or any other pe interested therein may apear before the Board of Canty Commissioners and be heard as to the proprlety and advisaMity of making paving and drainage improvements. as to the cost thereof. as to the manner of payment therefor,, and as to the. amount thereof to be assessed against each prop- erty benefitted NOW. THERETat. BE R RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF IN- DIAN RIVER COUNTY, FLORIDA, as follows: 1. The Courts Commission shall meet at the County Commission Chambers in the Canty Administration Building at the hour o19:05 A.M. on Tuesday. Aug- ust 20, 1991, at which time the Owners of the properties to be assessed and any other Interested persons may appear before said Commission and be heard in regard thereto. The area to be Improved . and the propertles to be specially benefitted are more particularly described upon the assessment plat and the assessment roll with regard to the spe- cial assessments. 2. Ail persona Interested In the construction 01 saki Improvements bthe e�against he properties to be specially benefitted may review the assessment plat showing the mea to be as- sessed, the assessment roll. the pans and speci- fications for said improvements, 0181 an estimate of the cost thereof at the office of the Clerk to the Board arty week day from 8:30 AM. time 5:00 P.M. 3. Notice of the time and place o1 this public hearing shall be O�rmnt by the pepartment of Pub.Nc Woks by two publ`ealkns In the Press -Journal Newspaper a week apart. The last pubtcatlon shall be at least one week prior to the date of the hearing. np The In- dian Carthe owner ly Department of Puto blic aks shall as- sessed at least ten days � in writing such time and place, which shall be served by mailing copy of exit notice to each of such property own- ers at his last known address. The resahrtion was moved for adoption by Com- missioner Scurlock, and the motion was seconded by Commissioner Bowmen. and. upon being Put to a vote, the vote was as followto Chairman Richard N. Bird Aye Vice Chairman Gary C. Wheeler Aye Carmnbs One Don C. Scurlock, Jr. Aye Camra is81acer Margaret C. Eggert Aye Aye Commissioner Carolyn The Chairman thereupon K. Edeclared the resolution 6.4 passed and adopted tltehisar2e3tlrd day of July, 1991.BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By -RichN. Bbd Attest-hffirtnanard -s- Jeffrey K. Barton. Cfek - By: -s- Barbara Bun 811. D.C. Aug. 8, 13, 1991 820452 The Board reviewed the following memo dated 7/30/91: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director and Roger D. Cain, P.E. County Engineer FROM: .Michelle A. Gentile, C.' -.T. Civil Engineer SUBJECT: Public Hearing for the Paving & Drainage Improvements to 101st Avenue between 87th Street and CR 512 in Vero Lake Estates Subdivision DATE: July 30, 1991 DESCRIPTION AND CONDITIONS On July 23, 1991 the Board of County Commissioners adopted Resolution No. 91-83 providing for certain paving and drainage improvements to 101st Avenue between 87th Street and CR 512 in Vero 11 L AUG BOOK 84 Fa{[ AUG 20 199'1 • BOOK 84 PAGE 46 Lake Estates. This was a Public Works Department initiated public improvement assessment in cooperation with the Vero Lake Estates Property Owners Association. On July 23, 1991, the Board of County Commissioners adopted another Resolution No. 91-84 setting the date and time for a Public Hearing to discuss the advisability, cost and amount of the assessment against each property owner. This hearing is scheduled for August 20, 1991. RECOMMENDATION Staff recommends the Board of County Commissioners approve the assessment roll, and confirming resolution with changes, if any, made after input at the August 20, 1991 Public Hearing. Revised confirming resolution and assessment roll will be forwarded to Chairman of the Board for signature. The Assessment Roll and assessment plat are on file with the Clerk to the Board of County Commissioner's office. Chairman Bird opened the Public Hearing and asked if anyone wished to be heard in this matter. There being none, he closed the Public Hearing. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Eggert, the Board unanimously adopted Resolution 91-95, confirming the assessment roll for certain paving and drainage improvements to 101st Avenue between 87th Street and CR -512 in Vero Lake Estates. PRELIMINARY ASSESSMENT ROLL IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 12 Connfirming (Third Reso.) 2/20/91(ENG)RES3.MAG\gfk RESOLUTION NO. 91- 95 A RESOLUTION OF BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CONFIRMING THE ASSESSMENT ROLL FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 101ST AVENUE BETWEEN 87TH STREET AND CR 512 IN VERO LAKE ESTATES SUBDIVISON. WHEREAS, the Board of County Commissioners of Indian River County adopted by Resolution No. 91-83, providing for certain paving and drainage' improvements to 101st Avenue between 87th Street and CR 512 in Vero Lake Estates Subdivision; and WHEREAS, said resolution described the manner in which said special assessments shall be made and how said special assessments are to be paid; and WHEREAS, the resolution was published as required by Section 11-46, Indian River County Code; and WHEREAS, the Board of County Commissioners of Indian River County passed Resolution No. 91-84, on July 23, 1991, which set a time and place for a public hearing at which the owners of the properties to be assessed and other interested persons would have the chance to be heard as to any and all complaints as to said project and said special assessments, and for the Board to act as required by Section 11-47, Indian River County Code; and WHEREAS, notice of the time and place of the public hearing was published in the Press Journal Newspaper on August 6, 1991, and August 13, 1991, (twice one week apart, and the last being at least one week prior to the hearing), as required by Section 11-46, Indian River County Code; and WHEREAS, the land owners of record were mailed notices at least ten days prior to the hearing, as required by Section 11-46, Indian River County Code; and WHEREAS, the Board of County Commissioners of Indian River County on Tuesday. August 20, 1991 at 9:05 A.M. conducted the public hearing with regard to the special assessments, 13 BOOK 6 FA; 7 AUG 201991 BOOK 84 PtAU 48 RESOLUTION NO. 91-9_ NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing recitals are affirmed and ratified in their entirety. 2. The special assessments shown on the attached assessment roll are hereby confirmed and approved, and shall remain legal, valid, and binding first liens against the properties assessed until paid in full. 3. The County will record the special assessments and this resolution, which describes the properties assessed and the amounts of the special assessments, on the public records, which shall constitute prima facie evidence of the validity of the special assessments. The resolution was moved for adoption by Commissioner Wheeler , and the motion was seconded by Commissioner Eggert , and, upon being put to a vote, the vote was as follows: Chairman Richard N. Bird Aye Vice Chairman Gary C. Wheeler Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Margaret C. Bowman Aye Commissioner Carolyn K. Eggert Aye The Chairman thereupon declared the resolution duly passed and adopted this 20 day of August , 1991. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Richard N. Bird Chairman By Jeffre , K.Ba;ton, L 't1LwL• . Attachment: ASSESSMENT ROLL 101conf . res 14 PUBLIC HEARING - RIVERSIDE CHURCH REQUEST FOR SPECIAL EXCEPTION USE TO EXPAND EXISTING PLACE OF WORSHIP The hour of 9:05 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication, to wit: VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, 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 In the matter of 0%�4-C{I/ Com./ t. in the /I Court, was pub - fished in said newspaper In the issues of Al tient 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 mall matter at the post office in Vero Beach. in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication In the said newspaper. • Swom to and subscribed before me this 3./ day of -10 • A.D. 19 9/ .(Business Manager) .. Orr • an River§ounty,-Florida) (SEAL) eY/20/y/ NOTICE OF PUBLIC HEARING Notice of hearing to consider the granting rani an existing dal exception use approval [ expandpessnay operty Is owneplad side of worship. Ctnaeh of tlr b'x a oi4ng Ina., and d located in Section 29 of the Ierning Grant, TownSMp 31 S. and Range 38 E. See the above preA p for ON location. pubic head at which partiess In Interest and be . citizens will held shat have an of o unity to my Nbeam RI County, of County in Ore County�Commis- of sion o mNao- sion Chambers of the County Administration Surd- irg, located at 1840 25th Street, Vero Beach, Flor- ida on Tuesday. August 20. 1991, at 9:05 a.m. Anyore who may wish to weal any dedtlon nbe tormwill need to b thata timred9rew made, which trxbdea testimony and evidence upon • which the appeal b based. FI COUNTY BOANARD COUNTY COMMISSIONERS COMMISSIONERS BY -s- Ridmrd N. Bbd, Chairman 818885 Jury 31,199,99l The Board reviewed the following memo dated 7/30/91: TO: James E. Chandler County Administrator DIVISION HEAD CONCURRENCE: Obert M. Kea ng,ICP Community Developm nt Director THROUGH: Stan Boling, AICP Planning Director FROM: Christopher D. Rison/ /LAI/ Staff Planner, Current: Development DATE: July 30, 1991 SUBJECT: Riverside Church Assembly of God, Special Exception Use Approval to Place of Worship AA -91-06-95 Inc.'s Request for Expand an Existing 15 AUG 20 1991 ROOF 84 AUG " 'O iE BOOK 84 PAGE It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 20, 1991. PROPOSED DEVELOPMENT AND LOCATION: Bill Meager, on behalf of Riverside Church Assembly of God, Inc., is requesting special exception use approval for an addition to an existing Place of Worship located at 11205 Roseland Road. The proposed addition will be utilized for storage and for conducting Bible School activities concurrent with regular church services. Since this addition is considered an expansion of a special exception use, special exception use approval is required. Special exception uses are those types of uses that would not generally be appropriate throughout a particular zoning district. However, when special exception uses are carefully controlled as to number, area, location, and/or relationship to the vicinity, such uses would not adversely impact the public health, safety, comfort, good order, appearance, convenience, morals and general welfare and as such would be -compatible with permitted uses within the particular zoning district. In granting any special exception, the Board of County Commissioners may prescribe appropriate special conditions and safeguards to ensure that the use is compatible with surrounding uses in the district. On July 25, 1991, the Planning and Zoning Commission voted unanimously (5-0) to conditionally approve the site plan for this proposed project and recommend that the Board of County Commissioners grant special exception use approval for the proposed expansion. The site plan approval granted by the Planning and Zoning Commission will become final at such time as the Board grants special exception use approval. ANALYSIS (Site Plan and Use Characteristics): 1. Size of Property: 5.72 acres or 249,163 sq. ft. 2. Zoning Classification: RS -1, Single -Family Residential up to 1 unit per acre. 3. Land Use Designation: 4. Building Area: Existing: Proposed: Total: 5. Impervious Area: Existing: New: Total: 6. Open Space Required: C-3, Conservation 3, up to 1 unit per 5 acres 4,088 sq. ft . (includes existing modular buildings) 1,300 sq. ft. 5,388 sq. ft. or 2.2% of the site. 4,438 sq. ft. 1,300 sq. ft. 5,738 sq. ft. or 2.3% of the site. 124,581.5 sq. ft. or 50% of the site. Provided: 243,425 sq. ft. or 97.7% of the site. 7. Traffic Circulation: The site will be accessed from Roseland •Road via an existing two-way drive. This design has been approved by the Public Works Department. 16 .411 8. Off -Street Parking: No additional off-street parking is required for this project. Off-street parking for Places of Worship is based upon seating provided for patrons. As this project will not add seating area for the site, additional parking is not required. 9. Stormwater Management: The Stormwater Management Plan has been approved by the Public Works Department, and a Type "B" Stormwater Permit will be issued. 10. Landscape Plan: This project is required to provide for screening along the site's south property line concurrent with the proposed addition. The applicant has proposed that the existing native vegetation on the subject property south of the proposed addition be retained to provide the project's required screening and landscaping. Planning staff has verified and agrees that this proposal to retain the existing vegetation will meet applicable county landscaping and screening requirements. However, this existing screening may not be removed from the site unless an approved alternate screening plan is approved and implemented. [NOTE: The Planning and Zoning Commission's site plan approval included a condition to ensure the maintenance and continuation of the screening.] 11. Utilities: The site is served by private well and septic systems which have been approved by both the Utilities and Environmental Health Departments with the condition that the project connect to public water and wastewater facilities when they become available. [NOTE: The Planning and Zoning Commission's site plan approval included a condition to ensure that the site connects to public water and wastewater services when they become available.] 12. Required Improvements: Pursuant to Section 911.06, the project is not required to provide required improvements such as bikeways, sidewalks, and streetlights. 13. Thoroughfare Plan: -Roseland Road The County Thoroughfare Plan designates Roseland Road as an Urban Minor Arterial road with a minimum required right-of-way width of 120'. Currently, a 70' wide right-of-way exists for _Roseland Road. The Public Works Department has determined that purchase of additional right-of-way is not appropriate at this time. However, the existing site and proposed addition are located outside the ultimate right-of-way area and corresponding ultimate setback. 14. Environmental Issues: Environmental Planning staff has determined that the site's vegetation has been significantly altered and disturbed, with no actual native vegetation community (canopy, understory and groundcover intact) remaining on site to be preserved. Therefore, no preservation measures are required. 17 AUG 2 0 WI BOOK PAGE 51 AUG 201991 BOOK 84 uJE cj 15. Specific Land Use Criteria: Places of Worship in the RS -1 Zoning District [971.28(5)]: a. No building or structure shall be located closer than thirty (30) feet to any property line abutting a residential use or residentially designated property. b. Access shall be from a major thoroughfare unless otherwise approved by the Public Works Department. c. Any accessory residential use, day care facility or school upon the premises shall provide such additional lot area as required for such use by this section and shall further be subject to all conditions set forth by the reviewing procedures and standards for that particular use. Accessory residential uses may include convents, monasteries, rectories or parsonages as required by these regulations. d. Type "C" screening shall be provided along all property boundaries where the facility is located adjacent to a single family residentially designated property. Type "D" screening shall be provided along all property boundaries when the facility is located adjacent to a multiple -family residentially designated property. The project applicant has responded in writing and indicated on the site plan that the above listed criteria will be satisfied. Staff has verified that the above listed criteria will be satisfied. 16. Concurrency Management: Long Range Planning staff has verified that a Concurrency Certificate has been issued for the project. 17. Surrounding Land Use and Zoning: North: Single-family Residence/RS-1 South: Kashi Ranch Compound and Lands/RS-1 East: Roseland Road/Roseland Gardens Subdivision/City of Sebastian West: Sebastian River RECOMMENDATION: Based on the analysis performed, staff recommends the Board of County Commissioners grant special exception use approval for the place of worship expansion. ATTACHMENTS: 1. Application 2. Location Map 3. Site Plan 4. Excerpt From Approved Minutes from the July 25, 1991 Planning and Zoning Commission meeting 5. Copy of Proof of Publication of Public Notice 18 Commissioner Scurlock asked if the expansion would affect the ingress and egress at peak times, and Planning Director Stan Boling explained there are no changes in the existing driveway setup. This is an addition for classroom space and doesn't trigger any new parking requirements or increase traffic. We have not received any complaints from people in the area. The Chairman opened the Public Hearing and asked if anyone wished to be heard in this matter. Bill Meager, representing Riverside Church Assembly of God, urged the Board to grant their request for special exception use approval. There being no others who wished to be heard, the Chairman closed the Public Hearing. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously granted special exception use approval for the place of worship expansion, as recommended by staff. PUBLIC HEARING - ORDINANCE EXTENDING LOCAL OPTION GAS TAX The hour of 9:05 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof VERO BEACH PRESS -JOURNAL Published Doily Vero Beach, Indian River County, 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-Joumal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being In the matter of In the fished in said newspaper In the issues of r% Court. was pub - Al tient 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 o1 advertisement; and affiant further says that he has neither paid nor promised any person, Ilrm or corporation any discount. rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this 6 day of V .AUG 2 0 1991 AD 199/ (si (Business Manage (SEAL) 19 of Publication attached: NOTICE The Board of County Commissioners of Indian River County, Florida, hereby provides notice of a Public Hearing scheduled for 9:05 a.m. on Tuesday, August 20, 1991, to discuss the following proposed ordinance entitled: AN ORDINANCE AMENDING INDIAN RIVER COUNTY ORDINANCE 86-32, LOCAL OPTION GAS TAX, BY EXTEND- ING THE EFFECTIVE PERIOD OF TAX TO AUGUST 31, 1998. 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 testimony and evidence upon which the a is based. July 26, 1991_ 817539 . Pur f,f1UC� �3 AUG 20 MI BOOK 84 PAGE 5 The Board reviewed the following memo dated 7/24/91: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E. Public Works Directo SUBJECT: Continuance of Six Cent Local Option Gas Tax DATE: July 24, 1991 DESCRIPTION AND CONDITIONS The Transportation Planning Committee, the five (5) municipalities within the County and the Public Works Department Staff concur that continuance of the six cent Local Option Gas Tax (LOGT) Program is needed for the next five year period (September 1, 1991 to August 31, 1996). The attached ordinance and sample Interlocal Agreement have been prepared to effect the continuance. The LOGT distribution formula will remain the same as previously applied and is as follows: Percentage of total revenue allocated to each eligible entity = 1/3 of the entity's percentage of total equivalent lane miles of road + 1/3 of the entity's percentage of transportation expenditures over the previous five year + 1/3 of the entity's total percentage of population residing in the area based upon the 1990 census. For example, from the attached chart, Indian River County's share should be computed as follows: Percentage of total revenue allocated to Indian River County = 1/3 (69.90%) + 1/3 (66.93%) + 1/3 (64.5%) = 67.1100% In applying the above formula to all eligible entity's, the following percentages, rounded to the nearest tenth, are derived: Indian River County City of City of City of Town of Indian Town of Vero Beach Fellsmere Sebastian River Shores Orchid 67.1100% 19.0267% 1.9800% 10.8267% 1.0533% 0.0033% The annual funds proposed for distribution to each entity for the six cent of local option gas tax, would amount to the following: Proceeds from the Six Cent Local Option Gas Tax Indian River County City of Vero Beach City of Fellsmere City. of Sebastian Town of Indian Town of River Shores Orchid $2,010,121 $569,999 $59,306 20 $324,387 $31,451 $99 . ALTERNATIVES AND ANALYSIS To fund the Indian River County Comprehensive Land Use Plan Traffic Elements Policies and Capital Improvements Program projects, the LOGT is a needed revenue source. This revenue source is "user" based. Alternatives include increased Traffic Impact Fees, increased advalorem taxes, or special assessments. RECOMMENDATIONS AND FUNDING Staff recommends that a Public Hearing be conducted on the proposed ordinance on August 20, 1991 and approval of the draft Interlocal Agreement. In addition, staff recommends that the Chairman be authorized to execute each Interlocal Agreement with the five municipalities as received from the municipality. Public Works Director Jim Davis noted that the City of Vero Beach will be addressing the extension in their meeting tonight and all the other municipalities have indicated their support for it. Attorney Vitunac announced that we just received the City of Sebastian's resolution in support of the extension. Commissioner Scurlock asked about the Town of Orchid's participation, and Director Davis reported that the Town of Orchid has indicated that they feel they should continue in the program even though their participation would be a minor amount. Last year we included them, but the State took them out when the Department of Revenue found that some of their procedures and organization were not up to State requirements. Apparently, that was due to the fact that they are such a small municipality with very few members. Basically, the State Department of Revenue wrote a letter stating that the Town did not qualify for the program. However, they have rectified those things now that they have a City Manager and have more structure to the town. We are AUG 2 0 1991 21 tloor 84 P,1;;F 5ti AUG L U 19�� BOOK PA6E going to go ahead and put them back in, but if the State takes them out again, we certainly will not argue with that. The Chairman opened the Public Hearing and asked if anyone wished to be heard in this matter. There being none, he closed the Public Hearing. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously adopted Ordinance 91-39, amending Ordinance No. 86-32 (Local Option Gas Tax) by extending the effective period of the tax to August 31, 1996, and authorized the Chairman to execute the interlocal agreements with the five municipalities in Indian River County. INTERLOCAL AGREEMENTS WITH THE CITIES OF SEBASTIAN, VERO BEACH AND FELLSMERE ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD INTERLOCAL AGREEMENTS WITH THE TOWN OF INDIAN RIVER SHORES AND THE TOWN OF ORCHID WILL BE PLACED ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN FULLY EXECUTED AND RECEIVED (NON RECEIVED AND ON FILE IN OFFICE OF CLERK) 22 7/18/91DOC(Legal)Ob ORDINANCE 91- 39 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA AMENDING ORDINANCE NO. 86-32 (LOCAL OPTION GAS TAX) BY EXTENDING THE EFFECTIVE PERIOD OF THE TAX. WHEREAS, Ordinance 86-32 provides that the tax imposition of the local option gas tax shall terminate August 31, 1991, and WHEREAS, it is in the the public interest to extend said tax imposition, NOW, THEREFORE, be it ordained by the Board of County Commissioners of Indian River County, Florida that: SECTION 1. EXTENSION. The tax imposition established in Ordinance 86-32 is hereby extended to August 31, 1996. SECTION 2. EFFECTIVE DATE. This ordinance shall become effective on becoming law. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 2 0 day of August , 1991. This ordinance was advertised in the Vero Beach Press - Journal on the 2 6 day of J u 1 y , 1991, for a public hearing to be held on the 2 0 day of August , 1991, at which time it was moved for adoption by Commissioner Scurlock and the motion was seconded by Commissioner Eggert , and, adopted by the following vote: Chairman Richard N. Bird A y e Vice Chairman Gary C. Wheeler A y e Commissioner Don C. Scurlock, Jr. Aye Commissioner Margaret C. Bowman --AT---- Commissioner eCommissioner Carolyn K. Eggert Ayy e was a.1,11 Ca A <rc�ed A i rm n. 331;1 110 Let,.E-2 tri _ J bu'ig.�t - -7 / 30 Deal. ` . — 511 Risk Mgr. .. 0 ';2U- i AUG 2'0 1991 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Richard N. Bird Chairma Attest by • Jeffrey K.Bar on Clerk X 2 3 BOOK 84 [4,F. 57 AUG 20 1991 • BOOK4 FA t FY -92 RADIOLOGICAL EMERGENCY PREPAREDNESS AGREEMENT (FP&L GRANT) The Board reviewed the following memo dated 8/7/91: TO: James Chandler County Adm'nist ator FROM: Doug Wright', Director Department of Emergency Services DATE: August 7, 1991 SUBJECT: FY 92 Radiological Emergency Preparedness Agreement (FP&L Grant) It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the meeting scheduled for August 20, 1991. DESCRIPTION AND CONDITIONS Each year representatives from the Florida Department of Community Affairs, Florida Power and Light Company, and the Indian River County Department of Emergency Services negotiate the Radiological Emergency Preparedness Agreement (Grant). The Agreement is predicated on responsibilities defined by the United States Nuclear Regulatory Commission in Rule 10 CFR, Part 50 and 70, and NUREG 0654, FEMA -REP - 1, Revision 2. During negotiations in Tallahassee on June 20, 1991, an agreement was reached wherein Indian River County will receive $60,506 in grant funds to enable the County to carry out its responsibilities as provided in the above referenced authorities. ALTERNATIVES AND ANALYSIS The Agreement provides for the County to participate in the following radiological emergency planning and preparedness activities: 1. Recurring maintenance and major revisions to the local radiological emergency plans and implementing procedures; 2. Participation in exercises and evaluation of exercises; 3. Provides funds for full time REP Analyst position to maintain plans, calibrate radiological monitoring equipment, develop improved traffic control plans for evacuation, improve .procedures forreception and decontamination center, and update shelter surveys required for a host county; and, 4. Maintain close liaison with adjacent risk and host counties for the purpose of interfacing emergency plans and activities. This is the first year that FP&L has agreed to fund the salary, benefits, and associated expenses for a REP Analyst to complete requirements of the referenced authorities. The scope of work and additional demands placed on counties by state and federal agencies precluded county staff from completing the tasks on a part time basis as was being done prior. 24 The new REP Analyst position is 100% funded by FP&L. The starting salary was negotiated at $26,721.72 with a 5% raise at the end of a six month probationary period and a benefit package of $11,919 that mirrors the county personnel system. Funds in the amount of $3,300 are also included for a vehicle allowance for travel to be paid at the rate of $275.00 per month. An additional $4,987 in funds were negotiated to pay 15% of the salary and benefits for the existing Administrative Secretary II position in Emergency Management. Funding at this level for this position has been on-going for several years. Approval of this agenda item does not give the Administrative Secretary II a raise and the funds will routinely be credited to the General Fund. The total salary and benefit package for the full time position and 15% of the administrative position salary totals $44,296. A copy of the funding breakdown before the Board for approval is attached to this Agreement. Staff understands that the position is predicated on continued funding by FP&L and the County is not obligated to fund the position if the grant funds are eliminated. However, FP&L stated on the record during negotiations that funding will continue each year since the company has certain responsibilities relating to public safety should a radiological release occur at the St. Lucie Nuclear Power Plant. RECOMMENDATION Staff recommends the Board approve the agenda item and the FY 92 Radiological Emergency Preparedness Agreement authorizing the Chairman to execute the necessary documents. Staff also recommends approval of a budget amendment as necessary for the funds to be received into the General Fund. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved FY -92 Radiological Emergency Preparedness Agreement and authorized the Chairman to execute the necessary documents; and authorized' a budget amendment as necessary for the funds to be received into the General Fund, as recommended by staff. COPY OF PARTIALLY EXECUTED AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 25 BM 84 PACE AUG 2 0 1991 MIG 201991 IRC ADMINISTRATIVE POLICY MANUAL RE HOLIDAYS BOOK 84 FtA;IE The Board reviewed the following memo dated 8/8/91: To: James Chandler, Date: August 8, 1991 County Administrator From: Jack Price, Personnel Sub: Administrative Policy Manual Attached is the Administrative Policy Manual unit "HOLIDAYS" which will appear in the Personnel Section of the manual. The revision to the Holiday policy is designed to correct several inequities,. particularly relative to part-time employees, those whose weekly work schedule is not the typical Monday through Friday, and those who work in areas not closed for most holidays such as Solid Waste Disposal. This policy has been reviewed by your staff, the Executive Aide to the Board of County Commissioners and the County Attorney. Their suggestions have been incorporated. The first holiday occurring under this revised policy will be Labor Day, September 2. Thanks for your assistance. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously approved the Administrative Policy Manual unit "HOLIDAYS", as set out in the above staff recommendation. 26 POLICY: SECTION ADMINISTRATIVE PERSONNEL POLICY MANUAL NUMBER AM -503.1 DATE EFFECTIVE 08-20-91 SUBJECT HOLIDAYS PAGE 1 OF 1 It is the policy of the County to observe holidays each year as may be determined by the Board of County Commissioners. For each observed holiday permanent employees will receive an average day's wage as holiday pay. COMMENT: 1. A schedule of holidays to be observed during each calendar year will be published by the Personnel Department. 2. Permanent employees will receive holiday pay regardless of whether they are regularly scheduled to work on that day. An average day's wage is defined as an employee's scheduled bi-weekly pay divided by 10 days. 3. Temporary employees, employees on unpaid leave of absence and employees on layoff are not eligible for holiday pay. 4 To receive holiday pay, an employee must be in an "active pay status" on the scheduled work days immediately preceding and immediately following the day on which the holiday is observed. 5. A holiday that occurs on a Saturday or Sunday may be observed on either the preceding Friday or following Monday. 6. Holidays which occur during an employee's annual leave or medical leave will be paid as holiday pay and shall not be charged against such annual leave or medical leave. 7. The County reserves the right to schedule work on an observed holiday in order to maintain essential services to the public. This work schedule will be approved by the •Department Head in advance. 8. Any work performed on an observed holiday by a nonexempt employee will be paid at time and one half rate and these hours will not be included when counting toward a 40 hour work week for overtime purposes. Compensatory time may be taken in lieu of pay. 9. Holiday pay will be counted as time worked for overtime calculations. 10. This policy does not apply to employees working a "112" hour schedule bi-weekly. AUG 20J r1 27 BOOK 84 PAut 61 AUC 20 19 IRC HEALTH BENEFIT PROGRAM BOOP 84 FMC 4:. The Board reviewed the following memo dated 8/9/91: To: James Chandler, Date: August 9, 1991 County Administrator From: Jack Price, Personnel Sub: Health Benefit Program RFP 91 -RFP -41 On December 4, 1990 the Board of County Commissioners approved a Request for Proposals (91 -RFP -41), the purpose of which was to obtain the services of a consultant to evaluate the County's health benefit program and recommend appropriate changes. The dual intent was to maintain competitive coverage for employees and to explore ways to limit program costs, which had been escalating rapidly. On January 22, 1991 the Board of County Commissioners approved the Health Benefit Program Committee's recommendation of Stanford & Co. as the qualified consultant with the lowest cost ($8,500). The cost was within the approved budget. On April 23, 1991 the Board of County Commissioners approved an addendum to the contract, providing for Stanford & Co. to assist with Preferred Provider Organization (PPO) discount negotiations. The additional expense was expected to be $5,500. The cost was within the approved budget. Stanford & Co. has•made final recommendations (attached) to the Committee. They have been studied by the Committee with the original objectives in mind and were endorsed. Mary Stanford of Stanford & Co. will attend the August 20 meeting of the Board of County Commissioners to make a presentation and answer questions. Thanks for your assistance. 28 Administrator Chandler noted that Mary Stanford is here today to present to the Commission the results of the analysis of the County's health benefits policy. The bottom line of the analysis is that we are looking at an increase of 22% rather than the 30% increase we had included in the proposed budget for fiscal year 1991-92, and, if the plan proceeds as we anticipate, we expect to be looking at a minimal increase in the following "year also. Commissioner Scurlock understood then that the result of the study actually reduced the budget amount by $283,000 or 22%, and Administrator Chandler explained that the substantial reduction is due primarily to a change in bidding the policy and a vastly improved Preferred Provider Organization (PPO) program. The Request for Proposals asked the firms to bid in two ways; to look at the current benefit structure as well as an alternative in terms of a restructured benefit level derived from a vastly improved PPO program. The proposed change in benefits is based on whether or not the insured uses a PPO. Contracts have been negotiated this year with Indian River Memorial Hospital and Doctors Clinic. Commissioner Scurlock asked if they had looked again at the employee's contribution, and Administrator Chandler confirmed that they had looked at that quite closely to see whether or not to recommend an increase in the contribution the employee pays toward dependent coverage. As of now, the employee's contribution is $150 a year for dependent coverage, which, according to the surveys that have been done, is lower than the majority of surrounding counties. We did not pursue an increase in the employee contribution for dependent coverage for next fiscal year because of the expected savings from the PPO program that will be realized at the end of next fiscal year and the subsequent year. If this program does what we anticipate and are confident it will do, we will not be looking at the same cost 29 AUG 2 1991 MU. 84 F,U6E 63 Pr— Ags 199 1 b BOOK 84 FAu- 6 1 increases we have had in the last several years. To accomplish that, however, a great deal of coordination will be required in working with the employees in the utilization of the PPO program. Mary Stanford of Stanford & Co. Insurance Consultants, Inc. reviewed the following recommendation report: MEMORANDUM TO: The Board of County Commissioners Indian River County FROM: Stanford & Co. Insurance Consultants, Inc. DATE: August 9, 1991 RE: Recommendation Report - Group Life and Health We were engaged by the County to evaluate its life and health insurance programs, provide recommendations for better cost management, to solicit and evaluate proposals from insurers and claims administrators, and to recommend the best combination of benefits and cost for the County and its employees. Following is a summary of our analysis and recommendations. Details of the analysis, with exhibits, are appended to this summary. Proposals were received for health coverages from Anthem, Blue Cross, First Benefits, and McCreary Corporation. The McCreary proposal was • incomplete and non-responsive to the Request for Proposals, and therefore was disqualified. Self-insured proposals from Anthem, Blue Cross, and First Benefits were substantially higher cost than fully -insured plans proposed by Anthem and Blue Cross. Since fully -insured plans may be funded on a Minimum Premium basis to offer the same cash flow advantages (with less liability) as a self-insured plan, we eliminated the self-insured proposals from consideration. Anthem and Blue Cross both proposed benefits the same as the current health plan design, with Anthem's cost being lowest. This proposal would have resulted in a 39% increase in the health insurance rates. Alternatively, Anthem and Blue Cross proposed a program which would include benefits similar to the current plan for use of preferred providers (physicians and hospitals), with reduced benefits for use of non -preferred providers. Most public and private employers have moved to these type plans for cost containment purposes. With an adequate number of providers, these plans work very well in managing costs, and employees tend to adjust well in following plan guidelines. 30 Memorandum to Board of County Commissioners - Indian River County August 9, 1991 Page Two In contemplation of the need for preferred provider discounts and inclusion in the network of providers most commonly used by employees, the Board authorized us to negotiate PPO agreements with Indian River Memorial Hospital and Doctors'Clinic. Both have agreed to contract directly with the County for preferred provider services at a discount. We also have negotiated an agreement with Humana Sebastian to participate in the network. To encourage employees not currently using these facilities to begin doing so, we are recommending an enhancement in benefits (greater than current benefits) for use of Doctors' Clinic and Indian River Memorial Hospital rather than other facilities. Our recommended plan design is attached on page 3 of this summary. Blue Cross and Anthem both agreed to administer the recommended plan and proposed costs significantly lower than the current plan design. As noted previously, the current plan would require a 39% rate increase, whereas the recommended plan will require only a 22% rate increase. More importantly, we believe the discount arrangements and benefit design will result in containment of claims costs during the next year so that only minimal adjustment may be required for renewal rates 10/1/92. After thorough evaluation of the Anthem and Blue Cross fully -insured proposals for the recommended plan design, we determined Anthem to be the lowest cost on a Minimum Premium funding basis. We therefore recommend the County's health plan be awarded to Anthem effective 10/1/91 using the recommended plan design and Minimum Premium funding. Life insurance proposals also were solicited through the bid process, and the lowest cost plan consistent with current benefits was Anthem. Proposed rates are $.36 per $1,000 of life and AD&D coverage, compared to the current rate of $.46. We therefore recommend the Basic and Supplemental Life and AD&D coverages be awarded to Anthem effective 10/1/91 at the new rate, with no change in benefits. Prepared By: Mary L Stanford, CLU, ChFC Attachment AUG 2 199 31 BOOK 84 FAL AUG 201 i BOOK Dqr, PA E Mrs. Stanford emphasized that the health care industry has changed significantly in the last few years; for example, out-patient services are almost as expensive as in-patient cost. After determining that IRMH and Doctors Clinic received approxi- mately $800,000 of the claim dollars paid in this program last year, they went to those providers and negotiated significant discounts in behalf of the County. Those discounts are included in the plan design and are significant enough to support enhanced benefits. PLAN A - PRESENT TRADITIONAL INDEMNITY HEALTH PLAN Indian River County Eligible Charges Individual Annual Deductible Family Annual Deductible Co -Ins. Max. 00P (Excl. Ded.) Family Co -Ins. Maximum Maximum Lifetime Benefit (1) PRESENT PLAN IRMH/DOCTORS CLINIC PPO NON -PPO PPO $200 0 $400 (Cum.) 0 $1,000 (1)(5) RECOMMENDED PLAN HUMANA HOSPITAL/ FLA. HEALTH NET- WORK PPO $200 2 x Ind. $1,000 (1)(5) No Limit • 2 x Ind. 2 x Ind. $5,000,000 $1,000,000 Pre -Admission Certification Hospital Services (In -Patient) 90% 80% Per Admission Deductible $200 (4) Hospital Services (Out -Patient) 90% Out -Patient Surgery Supplemental Accident (Before Deductible Applies) Physician and Other Services (Except Office Visits - See Below) Second Surgical Opinion 100% Office Visits 90% 80% 80% 100% 100% to $300 Required (3) 80% 0 Required (3) 80% $200 NON -PPO S300 2 x Ind. 2 x Ind. $50 Co -Pay, then 80% 80% After Ann. Ded. $50 Co -Pay, then 80% 80% After Ann. Ded. N/A N/A 90% 80% 90%, No Ded. Other Services 80% (1) (2) (3) (4) (5) (6) 100% (6) 100% After $20 Co -Pay 80% 100% (6) 80% After Annual Ded. 80% Required (3) 60% $500 60% After Ann. Ded. 60% After Ann. Ded. N/A 100% (6) 60% After Annual Ded. 60% $25,600 for retirees under provisions of S.B. 153. Co-insurance waiver does not apply. 80% co-insurance will be 90% for use of preferred providers. Benefits reduce to 50% for non-compliance. Waived if admission is certified. Does not apply to Alcohol/Drug and per admission deductibles. (Also Mental Nervous for recommended plan.) Mandatory for certain procedures; 50% co-insurance for non-compliance 32 Mrs. Stanford explained that the plan you see to the left illustrates the current benefit design. The recommended plan to the right has 3 levels of benefits illustrated. The middle column, which is headed Humana Hospital/Fla. Health Network PPO, is the primary PPO program which very nearly duplicates the benefits you have now with a $200 deductible. There are some minor changes. Instead of being $400 cumulative, the family deductible is two times the individual. The cumulative deductible is still $400, but instead of 4 people in the family meeting $50 apiece, now two individuals in the family have to reach a $200 deductible. The lifetime maximum benefit has been reduced from $5 -million to $1 -million, the reason being that the $1 -million is industry standard. By keeping a $5 -million benefit level, the County exposes itself to extraordinary liability. In the event there is a claim which might extend the $1 -million, you always can deal with case management situations. However, if the County gets a claim running $200,000-$400,000, it could be prevented from buying other coverage. So, from a cost management standpoint, it is important to limit that $1 -million lifetime coverage. Continuing, Mrs. Stanford emphasized that the benefits of the recommended program are very similar to the current program if the employee uses the preferred providers that are in the Florida Health Network or in the Humana Hospital/Sebastian. The current PPO is being expanded. Due to the IRMH PPO arrangements, Anthem currently is negotiating with the physicians so that there will be 40-60 additional physicians to the ones that have been published in the present booklet. If you go to IRMH, you have an 80% benefit with no deductible, which is an enhancement in the benefits. If you go to a hospital other than IRMH or Humana Hospital/Sebastian or one of the other Florida Health Network hospitals, your percentage of co-insurance increases by 20%. The Doctors Clinic program currently has about 35-50 physicians on Ain 201991 33 BOOT �t f.AbE L d' AUG 20 9T: BOOK 84 F.AGE 68 staff in various specialties with admitting privileges at IRMH and Humana Hospital/Sebastian. As a result of the discounts that were negotiated with Doctors Clinic, we are able to implement a 90o benefit for most of the services at Doctors Clinic. A special program has been implemented so that if you use the physicians at Doctors Clinic, there is a $20 office co -payment with the plan paying 100% of the remaining charge instead of the employee having to meet the annual deductible before the 80%/20% begins. So, it is an encouragement to the employees; an improvement in benefits from the standpoint of no deductible; and also a cost containment mechanism. The employee will have to pay $20 at the time of the visit which is enough to make them aware of the cost, but not enough to deter them from going to the doctor when necessary. Commissioner Wheeler asked if you would have to pay 60% of the costs if you were out of the state and had to have an emergency appendectomy, and Mrs. Stanford advised there is no penalty if you are unable to get to a PPO in an emergency situation. If you are unable to access the PPO in certain situations, you still get the PPO benefits listed under the Humana Hospital/FL Health Network PPO. That would apply also to individuals who are permanent residents out of state or students away at college. There is no penalty if you are unable to get to the PPO for those reasons. Commissioner Scurlock asked the amount of the reserve fund, and Mrs. Stanford stated that the reserve fund normally is 2-1/2 to 3 months of expected paid claims. Due to the extraordinary increases in recent years, especially this past year, the County's current plan was underfunded, and in order to become fully funded, we arranged with Anthem to have a contract which would not only fund for this year but pick up the underfunding for last year so that throughout the course of this year the County would be made whole in terms of being adequately funded. 34 Commissioner Scurlock understood then that we were under- funded but have made that up and that we will have a 2-1/2 to 3 month reserve fund. Mrs. Stanford explained that the plan design for the new year would be a fully insured health insurance policy, but funded similar to a self-insured plan where the administrative fee. is paid to the insurance company as claims occur. She estimated that the percentage of the administrative fees should be somewhere in the vicinity of 15% on this sized group. The administrative fee includes not only the claims processing part of it but all specific and aggregate stop loss as well. The administrative fee also includes the premium for reinsurance beyond certain limits so that the County's liability is limited. Commissioner Scurlock believed the most important thing we do for our employees is provide the health benefit package and that sometimes the employees don't realize what it costs to provide this particular coverage. He felt the increasing cost of medical coverage is going to become even more critical in future years as a factor in how we treat our employees and how we continue to employ a good work force. Chairman Bird asked Administrator Chandler what the proper Motion would be, and Administrator Chandler advised that today's Motion would be to approve the plan as submitted by Mary Stanford. Staff will be coming back to the Commission with the specific agreements with Anthem and with the PPOs. In addition, there is a question of whether there should be a local agent involved, and, if so, at what expense. We are still pursuing that part of it and will be bringing that back also. AUG 201991 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved the County's health benefit program, as submitted by Mary Stanford of Stanford & Company. 35 BOOK 4 ['AU r aU G 2 0 1991 . BOCK 84 PACE 7C Administrator Chandler announced that the Personnel Department is scheduling meetings for all County employees to explain the changes in health benefits. INDIAN RIVER BOULEVARD - PHASE III - CHANGE ORDER NO. 1 The Board reviewed the following memo dated 8/9/91: TO: James E. Chandler, County Administrator THROUGH: James W. Davis, P.E., Public Works Director FROM: Terry B. Thompson, P.E. Capital Projects Manager SUBJECT: Indian River Boulevard, Phase III Change Order No. 1 DATE: August 9, 1991 FILE: irbcol.agn DESCRIPTION AND CONDITIONS The Road and Bridge Division has 32,189.8 cubic yards of fill stockpiled across the street from their compound at 4621 41st Street. These stockpiles have become an attractive nuisance and a liability for the County. Dirt bikes are using the site on evenings and weekends despite posted no trespassing signs. The Contractor for Indian River Boulevard, Sheltra & Son Construction Co., has offered the County $32,189.80 for the stockpiled fill. This price is for the purchase of the material only, Sheltra will be responsible for loading and hauling the fill to the Indian River Boulevard site. Staff feels that a unit price of $1/cy is reasonable based on the current market. The Indian River Farms Water Control District recently bid some spoil dredged from the South Relief Canal and received bids of $.77/cy and $1/cy. ALTERNATIVES AND ANALYSIS The alternatives are as follows: Alternative No. 1 Authorize Change Order No. 1 deducting $32,189.80 from the contract amount for embankment. This would result in a revised contract amount of $2,711,619.35. Alternative No. 2 Deny authorization of the Change Order. RECOMMENDATIONS AND FUNDING Staff recommends that Change Order No. 1 be approved. Funding is from account 309-214-541-066.51. 36 Commissioner Scurlock asked if we have any particular mechanism or agreement with the contractor for controlling the operation so that it doesn't conflict with our operations, and Public Works Director Jim Davis explained that the material is located on the south side of South Gifford Road while most of our operations are on the north side. We don't think there will be a logistical problem, but we will have people there every day to make sure there is not a logistical problem in moving it and that it can be done safely. He believed the price is a fair market value. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Bowman, that the Board approve Change Order #1, deducting $32,189.80 from the contract amount for embankment, as recommended by staff. Under discussion, Chairman Bird asked Director Davis if, rather than the contract deduction, there would be any benefit in receiving payment from the contractor on this and putting that money into Road & Bridge to be used for some other job. Director Davis felt the way the Boulevard is funded with the gas tax revenue, the monies can be applied on the revenue side just as easily as if we got a check back into Road & Bridge. He wished to point out that there is a possibility of a change order on this project. There is some material to be removed from the road bed that the original engineer did not specify, and now with the contractor trying to work in this wet season, we may end up having to remove some additional material beneath the Boulevard. However, we won't know that for a week or two. Commissioner Scurlock suggested a better approach to this might be that when we have material that we don't have a use for, we coordinate with our Landfill where it costs more than $1.00 a cubic foot to mine, and when the material is in close proximityj, 37 AUG 20 01 BOOK 8 4 F E 71 AUG 20 BOOK 84F'Aut we use that for cover material as opposed to stockpiling it. We would get a payment and have a normal transfer of funds or a credit against. Landfill fees rather than picking it up, storing it, relocating, etc. Director Davis thought that was a good point. THE CHAIRMAN CALLED FOR THE QUESTION. THE MOTION WAS VOTED ON AND CARRIED UNANIMOUSLY. CHANGE ORDER #1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD SANDRIDGE GOLF COURSE - NEW 18 HOLES The Board reviewed the following memo dated 8/14/91: TO: James E. Chandler, County Administrator THROUGH: James W. Davis, P.E. Public Works Director FROM: Terry B. Thompson, P.E. Capital Projects Manager SUBJECT: Sandridge Golf Course New 18 Amendment No. 1 DATE: August 14, 1991 FILE: snrdadml.agn DESCRIPTION AND CONDITIONS Kimley-Horn & Associates, Inc. is under contract with Indian River County to provide professional surveying, civil and structural engineering, and additional related miscellaneous services in all phases of Sandridge Golf Course New 18. The County has requested that the site plan be revised to provide 50 feet of additional right-of-way for Kings Highway (58th Avenue) where it fronts the Sandridge Golf Course New 18. 38 As required by the Agreement, Kimley-Horn has already field staked each golf hole at the. tee, green and landing areas along the centerline of all holes. The revisions that have been made to the site plan will require recalculating 18 control point locations, providing a new stakeout sheet and restaking 18 points in the field. The compensation due the Consultant for the attached amendment is $1,860. This, added to the current contract amount of $69,800 will result in a new contract amount of $71,660. RECOMMENDATIONS AND FUNDING Staff recommends that the Board authorize the Chairman to sign the attached Amendment No. 1. Funding is from Account No. 418-000-169-018.00 - WIP-Sandridge Phase II. Public Works Director Jim Davis explained that this is an amendment to the contract with Kimley-Horn & Associates for Sandridge Golf Course New 18 to provide some additional consultant services which are mainly due to some allocation and additional right-of-way for Kings Highway. The additional right-of-way is being set aside and there is some additional survey cost associated with that. Commissioner Eggert asked if this was unanticipated. Director Davis felt it wasn't unanticipated on the County's behalf, but perhaps the consultant didn't plan for it and build it into his original fee structure on the project. However, it always has been in our Code that we will look at our Thoroughfare Plan and make sure that development doesn't encroach upon our Thoroughfare Plan right-of-ways. Commissioner Scurlock felt the question is why we should be at risk and why shouldn't the architect pay for not paying attention to the plans. Director Davis advised that there is more than one consultant involved here -- the golf course consultant who is designing the course along with the surveying and engineering AUG 2 0 1991 39 ,. BOOK 04 FauE 1 AUG 20 199v • BOOK 84 P E consultants, and Commissioner Scurlock interjected that he recalled raising concern way back when about having more than one engineer on a project at the same time, especially when you are talking about stormwater management and reuse. Administrator Chandler noted that as he got into it, there was some question about the manner it was treated when the first 18 hole course was constructed and whether or not that additional right-of-way was granted or approved at that point in time. It was his understanding that the right-of-way was not officially allocated at that time and that the architects were not aware of this 50 feet until they started getting into the detailed plans. Administrator Chandler felt, in this case, that perhaps we didn't communicate to them what those requirements on that right -way were going to be until we started to get into it more deeply and into the site plan review. Commissioners Bowman and Eggert felt that the architects should have taken this under advisement in their preliminary briefing. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved Amendment No. 1 to the Sandridge Golf Course New 18 Professional Engineering/Land Surveying Services Agreement dated April 16, 1991, as recommended by staff. Commissioner Scurlock wanted to be sure that all arbitrage requirements are met, and OMB Director Joe Baird confirmed that we have enough bills out there to meet the 10% requirements now. Chairman Bird suggested that in the interim before construction begins, we get a separate bid on the landclearing in order to shorten our construction timetable. 40 AMENDMENT NO. 1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD BID AWARD 91-118 - PLAYGROUND EQUIPMENT FOR TREASURE SHORES PARK The Board reviewed the following memos dated 8/19/91 and 8/13/91: TO: Jim Chandler County Administrator FROM: Terry B. Thompson, Capital Project Manager SUBJECT: Bid Award 91-118 Playground Equipment DATE: August 19, 1991 Treasure Shores Park is currently under construction and is required by the FRDAP grant to be completed by November 1, 1991. The site furnishings require six to eight weeks delivery. In order to meet the grant deadline the County needs to order the specified site furnishings and playground equipment immediately. Staff request that Bid Award 91-118 be added to the August 20th Board Agenda as an emergency item. TO: BOARD OF COUNTY COMMISSIONERS August 13, 1991 THRU: James E. Chandler, County Administrator H.T. "Sonny" Dean, Director Department of General Services FROM: Fran Boynton, Purchasing Manager�,y, SUBJECT: Bid Award 91-118 �� Playground Equipment BACKGROUND INFORMATION: Bid Opening Date: Advertisement Dates: Specifications mailed to: Replies: Statements of "No Bid" Recvd: BID TABULATION Southern Park & Play Sys Melbourne, F1 John Fitzgerald, Inc Orlando, F1 Aug 2 0 1991 July 31, 1991 July 17, 24, 1991 Eight (8) Vendors Two (2) Vendors Four (4) Equipment Cost Installation Pirate Ship $11,905.00 No Bid No Bid $3,315.00 41 Cost BOOK F'f16c �c.J AUG 20 10 BOOK Alternate Bid Pirate Ship Jordan's Outdoor Fun $ 7,725.00 $ 975.00 Stuart, F1 Sand Works Southern Park & Play Sys $ 4,354.00 No Bid Melbourne, F1 John Fitzgerald, Inc Orlando, Fl Alternate Bid Jordan Outdoor Fun Stuart, F1 No Bid $1,225.00 Sand Works $ 3,625.00 625.00 Trash Receptacles Southern Park & Play Sys $ 149.00 No Bid Melbourne, F1 John Fitzgerald, Inc Orlando, F1 No Bid $ 136.00 No bids were received for the following items: cast stone bollards; receptacles; planter and benches; gates with hard- ware and posts. RECOMMENDATION: Staff recommends that the bid be awarded to Southern Park and Play Systems for the equipment purchase and John Fitzgerald, Inc. for the installation cost. Further justification for this award is provided in Exhibit A. (Memorandum dated August 5, 1991, from Terry Thompson, Capital Projects Manager). In addition staff requests the Board's approval to purchase the "No Bid" items directly from the distributor at the prices listed below. Treasure Shores Park is currently under construction and is required by the Florida Recreational Assistance Program (FRDAP) to be completed prior to November 1, 1991. Gates, Posts, and Freight $ 4,092.00 Bollards, Receptacles, Planters, Benches, and Freight $10,416.00 TOTAL AMOUNT OF BID: $35,877.00 BUDGETED AMOUNT: $39,150.00 SOURCE OF FUNDS: Florida Recreational Development Assistance Program (FRDAP) grant. 42 Public Works Director Jim Davis advised that some items were bid out and other items were not, but since time is of the essence, staff is recommending that the Board authorize staff to buy directly from the suppliers the equipment that was competi- tively bid and the items that we do not recommend rebidding. Commissioner Eggert wanted to be assured that we are purchasing splinter -free equipment, and Terry Thompson of Engineering stated that the equipment specified is very high quality, which is why we want to go with what we have bid as opposed to the alternate bid. Basically, the best bid is not necessarily the low bid. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved the award of Bid 91-118 and authorized the direct purchase of the "no bid" items, as set out in the above staff recommendation. SCHEDULING OF TOURIST DEVELOPMENT COUNCIL WORKSHOP Chairman Bird recalled that during the budget workshops in July we had talked about possibly having a workshop meeting between this Board and the Tourist Development Council and other interested parties to talk about our relationship and where we are going with that situation. The suggestion has been made to do that sometime in September. AUG 2 41999 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously scheduled a workshop between the Board of County Commissioners and the Tourist Development Council for Monday, September 23, 1991 at 9:00 o'clock A.M. 43 '11 BOOK Fa.,i; a n I AUG 201 9 DISCUSSION OF STATE ROAD 60 - WEST OF 1-95 BOOK 84 f'A�E Commissioner Bowman felt this issue is heating up and it is time for this Commission to take a stand. In her opinion, the DOT plan to widen SR -60 with shoulder improvements, etc., is a band-aid approach to the problem. The TPC has asked the DOT to rebuild the roadbed, but it doesn't look like they have committed to that. At this rate, she felt it will take 20 years to get a 4 -lane roadway built, and she has asked Attorney Will Collins to research the legal possibility of having this Commission make us an expressway authority to enable us to go to the Florida DOT and ask them to float a revenue bond which would be paid off by the tolls on the road. She believed the public would be in favor of a toll road. Assistant County Attorney Will Collins advised that under the State classification system, a county cannot take over a road if it goes through the county and extends on into other jurisdictions. It is a state road and they maintain it etc. With respect to the County operating SR -60 as a toll road, the Statutes read that the DOT establishes the limited access and toll facilities under an intra -state system and no project may be constructed under this system unless included in the system plan adopted by an affirmative act of the Legislature. The Statutes specifically state that no governmental entity other than the DOT may acquire, construct, maintain or operate a turnpike system subsequent to the enactment of this law except upon specific authorization of the Legislature. So, if there was any attempt to do a toll road, we would have to go to the Legislature and be approved as a turnpike project, but on their system. He felt Director Davis would have more of an idea of the likelihood of that happening. Commissioner Scurlock felt the most critical decision we can forward to the DOT as a Commission is that just putting some blacktop on the road is not satisfactory and that we want the 44 roadbed redeveloped so that we end up with a 2 -lane road being something we can live with until the 4 -lane road is built. However, we have not received any assurance that is going to occur, and it is very important that if any money is going to be spent on that road, we don't just put asphalt on top of the existing base. If they do that, we will have the same kind of dips in the road in about 18 months that we have now. Public Works Director Jim Davis reported that he met with the DOT last week and they are very aware of the public's concern over the safety of SR -60. They have just published the adopted work program for 1991-92 through 1995-96 and have included a project to add two lanes and reconstruct 22.5 miles of SR -60. They have included $825,000 in fiscal year 1993 for planning and preliminary work. There is almost $6 -million programmed in fiscal year 1995-96 using the $5.5 million in bond money from the new program for advance right-of-way acquisition that the Legis- lature approved a few years ago. Their concern is that if they ., try to move quicker than 1993, they wouldn't be able to get the necessary preliminary work done soon enough. Another concern pertains to the $9 -million they already have programmed; they are afraid that because some of that is federal aid money, they may lose it if the feds see that we are programming the 4-Ianing sooner than that. The State DOT doesn't feel they can meet a quicker schedule regardless. Commissioner. Scurlock asked if $9 -million includes doing something to the base, and Director Davis advised that he needed to get particulars on that. He has not seen the final plans, but usually they mill the base along with the asphalt if they feel there is a base problem. They have to prove to the federal government that what they are spending money on in the resurfacing will work. If the feds are not convinced it will work, they will have to rework the base anyway. Commissioner Scurlock wanted to see us get a commitment from the DOT to do that, but Director Davis could assure him that AUG 20 9991 45 BOOK 84 e AUG 20 191 BOOK 012' f'ku-c $8 -million must cover more than just resurfacing for a 12 -mile project. Chairman Bird was encouraged to learn that the DOT's new 5 -year plan is this close to really doing something about a 4 -lane road. As far as the widening project goes, he would assume that we would want to support that. It may be a band-aid, but it is an improvement over what is there now. Commissioner Bowman felt that the DOT widening project should include construction of some turn -outs so that you can get completely off of the road in an emergency, etc. Director Davis advised that the widening project includes shoulder work and relocating of the guardrail. SOUTH COUNTY FIRE DISTRICT MEETING The Chairman announced that immediately upon adjournment, the Board would reconvene as the District Board of Fire Commis- sioners of the South Indian River County Fire District. Those Minutes are being prepared separately. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 10:05 o'clock A.M. ATTEST: Clerk 46 PIP Chairman