HomeMy WebLinkAbout6/16/1992o
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
;'REGULAR MEETING
TUESDAY, JUNE 16, 1992
9:00 A.M. - COUNTY COMMISSION CHAMBER
COUNTY ADMINISTRATION BUILDING
1840 25TH STREET
VERO BEACH, FLORIDA
COUNTY COMMISSIONERS
Carolyn K. Eggert, Chairman
Margaret C. Bowman, Vice Chairman
Richard N. Bird
Don C. Scurlock, Jr.
Gary C. Wheeler
9:00 A. M. I. CALL TO ORDER
James E. Chandler, County Administrator
Charles P.
Vitunac,
County
Attorney
Jeffrey K.
Barton,
Clerk to
the Board
2. INVOCATION - Rev. Richard Speck ( Out of town and unable
Unitarian Universalist Fellowship of V.B. to attend)
3. PLEDGE OF ALLEGIANCE -Comm. Don C. Scurlock, Jr.
4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
a. staff withdrew Item 8, presentation of Comprehensive
Annual Financial Report
S. PROCLAMATION AND PRESENTATIONS
None
6. APPROVAL OF MINUTES
Regular Meeting of 4/28/92
7. CONSENT AGENDA
A. Approval of the following
duplicate tax certi-
ficates:
No. 90-2281, in
the sum of
$1167.05
No. 91-2222, in
the sum of
$1261.70
No. 91-2230, in
the sum of
$2257.69
No. 91-2249, in
the sum of
$1912.29
No. 91-2258, in
the sum of
$1598.28
No. 91-2266, in
the sum of
$1762.44
ALL IN THE NAME C:E
B. Received and placed on file
^T111.1 GULI WAN
in the office of
Clerk to the Board:
Report of Convictions, month
of May,
1992
The 1992 Public Facilities
Report for Florida
Inland Navigation District
(FIND)
C. ADM Planning Council
( memorandum dated June 9, 1992 )
JUN 161992 �C10K (">�j 111UE ����v
WUN 16 `992
7. CONSENT AGENDA (cont'd. ):
D. Re -appointment of Gerard Koziel to Treasure
Coast Health Council, Inc.
( letter dated June 2, 1992 )
E. Resignation of Rebecca S. Allen from IRC
Economic Development Council
( memorandum dated June 2, 1992 )
F. Tourist Development Council
1992/93 Budget Recommendation
( memorandum dated June 9, 1992 )
G. Miscellaneous Budget Amendment 033
( memorandum dated June 9, 1992 )
H. Purchase of ABS Pumps & Duplex Control Panel
( memorandum dated June 9, 1992 )
I. IRC #92-96 / Charlotte Ave. Water Main Ext.
(memorandum dated June 3, 1992 )
J. Revisions of Chapter 21, Special Taxes, District
and Units (1976 Edition)
( memorandum dated May 28, 1992 )
8. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
Clerk of Circuit Court
Presentation by Coopers and Lybrand of the Compre-
hensive Annual Financial Report for year ended
Sept. 30, 1991
( memorandum dated June 5, 1992 )
9:05 a. m. 9. PUBLIC ITEMS
A. PUBLIC DISCUSSION ITEMS
Sebastian River Area Fourth of July Festival
Committee Request for Contribution from
Indian River County
( letter dated June 4, 1992) -
B. PUBLIC HEARINGS
None
10. COUNTY ADMINISTRATOR'S MATTERS
Request for Name Change From Gifford Park to Martin
Luther King, Jr. Park
( letter dated May 28, 1992 )
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
Request to Approve Metropolitan Planning
Organization (MPO) Apportionment Plan
( memorandum dated June 10, 1992 )
(postponed from meeting of June 9, 1992)
B. EMERGENCY SERVICES
None
11. DEPARTMENTAL MATTERS (cont'd. ):
C. GENERAL SERVICES
IRC Courthouse Project Design - Americans
With Disabilities Act
( memorandum dated June 10, 1992 )
D. LEISURE SERVICES
None
E. OFFICE OF MANAGEMENT AND BUDGET
None
F. PERSONNEL
None
G. PUBLIC WORKS
1. Request for Street Closing for Block Party -
Portion of 14th Ave. between 1st St. SW and
2nd St.
( memorandum dated June 2, 1992 )
2. Request for Street Closing for Block Party
Portion of 37th Ave. between 10th St. and
11th St.
( memorandum dated June 4, 1992 )
3. Request for Road Maintenance - Vero Tropi-
cal Gardens, West of 1-95 S North of SR60
( memorandum dated June 8, 1992 )
4. So. County Regional Pk., Change Order No. 4
(memorandum dated June 5, 1992)
5. Petition for County to Resurface E Repair
53rd Ave. South of 16th St. by Special
Assessment
( memorandum dated May 29, 1992 )
H. UTILITIES
1. Takeover and Operation of Thompson Elem.
Wastewater Plant 6 Seb. Mid. School Water
Plant Prior to Connection to County System
as Set Forth in January 29, 1991 Agreement
( memorandum dated June 5, 1992 )
2.
Water Service in Courtside S/D (38th Sq.,
SW - North off 5th
St., SW) - Resolutions
-
I and II
( memorandum dated
June 3, 1992 )
3.
Glendale Terrace (24th
Ave.) Water Line
Extension Final Pay
Request
(nia- ar ai dural dated
.tune 4, 1992)
4.
50th Court Water Main Extension
( memorandum dated
June 8, 1992 )
5.
Rockridge Water Line Replacement
( memorandum dated
June 8, 1992 )
6.
South County R.O.
Plant Expansion, Ph. I
Final Pay Request
( memorandum dated
June 2, 1992 )
,JUN 16 1992
JON A S2
12. COUNTY ATTORNEY BOOK
None
13. COMMISSIONERS ITEMS
A. CHAIRMAN CAROLYN K. EGGERT
Request by Visions For The Future for
Appointment of County Liaison
( letter dated May 28, 1992 )
B. VICE CHAIRMAN MARGARET C. BOWMAN
C. COMMISSIONER RICHARD N. BIRD
D. COMMISSIONER DON C. SCURLOCK JR.
E. COMMISSIONER GARY C. WHEELER
14. SPECIAL DISTRICTS
A. NORTH COUNTY FIRE DISTRICT
None
B. SOUTH COUNTY FIRE DISTRICT
None
C. SOLID WASTE DISPOSAL DISTRICT
None
15. ADJOURNMENT
6 PAVE 6E4,
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.
s
L
Tuesday, June 16, 1992
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, June 16, 1992,
at 9:00 o'clock A. M. Present were Carolyn K. Eggert, Chairman;
Margaret C. Bowman; Vice Chairman, Richard N. Bird, Gary C.
Wheeler, and Don C. Scurlock, Jr. Also present were James E.
Chandler, County Administrator; Charles P. Vitunac, County
Attorney; and Patricia Held, Deputy Clerk.
The Chairman called the meeting to order.
Commissioner Don C. Scurlock, Jr., led the Pledge of
Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Eggert announced that staff withdrew Item 8,
regarding a Presentation of the Comprehensive Annual Financial
Report.
APPROVAL OF MINUTES
The Chairman asked if there were any additions or corrections
to the Minutes of the Regular Meeting of April 28, 1992. There
were none.
ON MOTION --by Commissioner Wheeler, SECONDED by
Commissioner Bowman, the Board approved the Minutes
of the Regular Meeting of April 28, 1992 as written.
CONSENT AGENDA
Commissioner Scurlock requested the removal of Item F, Tourist
Development Council 1992/93 Budget Recommendation.
V �6 PACE IA`j"! y rP
JUN 11-6 1992 BOOK 8L
A. Approval of Duplicate Tax Certificates
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the following duplicate tax certificates, all in the
name of Ruth Sullivan:
No. 90-2281 in the sum of $1,167.05
No. 91-2222 in the sum of $1,261.70
No. 91-2230 in the sum of $2,257.69
No. 91-2249 in the sum of $1,912.29
No. 91-2258 in the sum of $1,598.28
No. 91-2266 in the sum of $1,762.44
B. Reports
The following were received and placed on file in the office
of Clerk to the Board:
Report of Convictions for the month of May, 1992
The 1992 Public Facilities Report for Florida
Inland Navigation District (FIND)
C. ADM Planning Council
The Board reviewed memo from County Commission Chairman
Carolyn Eggert dated June 9, 1992:
r0. Board of County DATE. June ' 9 1992 FILE:
Commissioners
SUBJECT: ADM Planning Council
FROM: Carolyn K. Eggert ay -E REFERENCES:
County Commission Chairman
Judge Wild has resigned from the Alcohol, Drug Abuse and
Mental Health Planning Council. The ADM Nominating Committee
would like us to approve Judge Paul Ranarek to replace him.
2
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wheeler, the Board unanimously accepted
the resignation of Judge Joe Wild from the Alcohol,
Drug Abuse and Mental Health Planning Council, with
regret, and appointed Judge Paul Kanarek.
D. Re -appointment of Gerard Koziel to Treasure Coast Health
Council, Inc.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wheeler, the Board unanimously re-
appointed Gerard Koziel to the Treasure Coast Health
Council, Inc.
E. Resignation of Rebecca S Allen from Economic Development
Council
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wheeler, the Board unanimously
accepted, with regret, the resignation of Rebecca S.
Allen from the Economic Development Council.
F. Tourist Development Council 1992/93 Budget Recommendation
The Board reviewed memo from OMB Director Joe Baird dated June
9, 1992:
TO:
Members of the Board of
County Commissioners
DATE:
June 9, 1992
SUBJECT:
TOURIST DEVELOPMENT COUNCII.
1992/93 BUDGET RECOMMENDATION
FROM:
Joseph A. Baird
OMB Director
DESCRIPTION AND CONDITIONS
On June 4, 1992, the Tourist Development Council reviewed budget requests for fiscal year 1992/93 to be
paid from Tourist Tax revenue. They have made the following recommendations listed below -
3
JUN 1 1,a `2
BOOK b0rr1;,t U1i-.
I JUN � �1992
g00K.U A
ORGANIZATION
1991/92
FUNDING
1992/93
REQUEST
1992/93 TDC
RECOMMENDATION
City of Vero Beach
$120,000
$120,000
$120,000
Chamber of Commerce
$90,000
$200,227
$200,227
Tourist Study
$50,000
$40,000.
$40,000
Rotary Club of Vero
Beach -Sunrise
$15,000
$21,200
$10,000
Exchange Club -
Air Show
$4,000
$15,000
$8,000
Center for the Arts -
Advertsing
$0
$13,128
$10,000
Environmental Learning
Center, Inc.
$0
$20,000
$20,000
Fellsmere Frog Festival
$0
$5,000
$5,000
Indian River Festival
$4,000
$10,000
$0
Indian River Arts
Council, Inc.
$17,000
$0
$0
Riverside Theatre, Inc.
$7,500
$0
$0
Summerfest'
$7,000
$0
$0
Conserve our Resources
$0
$126,321
$0 -
Treasure Shores Park
$80,000
$0
$0
Reserve for Contingency
$20,000
$20,000
$61,373
TOTAL
$419
911876;
$474, 600
'Included in the Chamber of Commerce request for 1992/93 FY.
RECOMMENDATIONS
Staff recommends that the Board of County Commissioners approve the amounts recommended by the
Tourist Development Council.
Chairman Eggert stated that as chairman of the Center for the
Arts she receives no pay and no benefit whatsoever, and the County
Attorneys office advised her that there is no conflict of
interest, but if there were any objection she would leave the
meeting during discussion of this item. There were no objections.
Commissioner Scurlock reported that people in the community
who actually collect this tax feel that advertising is the most
desirable use of the funds, and they are concerned that too many
dollars are being used for capital improvements and activities
other than advertising. Commissioner Scurlock questioned the need
to keep $61,000 in reserve, which he described as a significant
amount. He felt we should do everything we can to encourage
tourists to come into our community to generate employment.
4
M M
.M
Discussion ensued, with OMB Director Joe Baird and
Commissioner Wheeler recounting the meetings of the Tourist Council
and the reasons for their decisions.
J. B. Norton, Chamber of Commerce Chairman, presented a study
entitled "Marketing Plan for Fiscal Year 1992-93," which detailed
the research and resulting information which was used to formulate
the recommended 1992-93 budget.
Commissioner Scurlock asked, and Director Baird clarified that
if the Board approved the recommended budget at this time, it would
still be subject to approval at the final budget hearing.
Commissioner Bird led further discussion regarding the
contingency and was concerned that funding was eliminated for a few
agencies.
Director Baird explained that the Tourist Council made two
major decisions: they wanted the Chamber of Commerce to advertise
more and they wanted to increase the contingency fund for things
that may occur in the middle of the year, because their past
experience showed that things always come up in the middle of the
year and they don't have funds available to make changes. One
example would be if tourism falls off, we could increase
advertising to promote Indian River County.
Commissioner Wheeler explained that the Tourist Development
Council's justification for eliminating certain agencies or
activities was because they did not fill beds. There was also a
cutoff date, and the Council tried to adhere to the cutoff date.
He further explained that the contingency was also intended for any
new or additional market which may open up.
Commissioner Scurlock preferred to see the contingency reduced
and those dollars reallocated.
Commissioner Scurlock led discussion regarding the $40,000 for
the tourist study, and Director Baird reported that hotel people
found this study to be of value because it helps them monitor the
changes in tourism every year as well as what they are doing right
or wrong in utilization of funds.
Deputy County Attorney Will Collins advised that this tourism
study would not be a continuation of the same study of numbers but
rather to take those numbers and develop a plan of action to target
the money toward programs and activities for the future.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously approved
the recommended budget with the exception that the
reserve be reduced down to $30,000.00 and the
$31,373.00 be reallocated to promote tourism.
5
JUS -1'6 1992k
JUN 16 � 1
goOx. f� E
NOTE: Later in the meeting, Chairman Eggert recognized that
Mr. Jacque Steer, who had requested to be heard on this item, had
arrived a few minutes late, and he made the following presentation.
Jacque Steer, whose family owns and operates the Days Inn on
State Road 60, came before the Board and pointed out that the
Tourist Development Council recently decided that the primary
criterion to be used to evaluate proposals is that the proposal
must be clearly devised to attract vacationers to this area. Mr.
Steer did not believe the parking lot at Riverside Park attracts
vacationers. He thought it would be more appropriate to advertise
to attract people from outside the county who would use the
facilities, fill the hotel rooms, and patronize the restaurants and
stores and gas stations.
Deputy County Attorney Will Collins advised that state law
specifies the authorized uses of tourist tax revenues, including
construction, improvement and enlargement of auditoriums, and the
Riverside Theater parking lot was in that category. He explained
that although it could be argued that the parking lot in and of
itself does not necessarily promote tourism, the people who come to
the theater are exposed to Indian River County and may come back to
vacation in the county. Attorney Collins confirmed Commissioner
Wheeler's comment that it is tough to decide whether an event will
promote tourism, as opposed to spending tourist tax dollars on
promotion through the Chamber of Commerce in Europe or somewhere
else where they have developed a track record of getting returns on
the investment for the advertisements.
Mr. Steers commented that many counties turn over the entire
bed tax to a tourist council which spends it on advertising. The
Chamber of Commerce has taken over that position, as shown in the
budget of over $200,000, and the Tourist Development Council funds
many other activities.
Commissioner Wheeler explained that the Commissioners wanted
to separate the two organizations.
Discussion ensued regarding the various methods used by other
counties, including hiring marketing experts. Commissioner Wheeler
explained that Indian River County did not feel the necessity to
hire someone when the Chamber of Commerce was already doing the
advertising, and the addition of tourist tax funds.,expanded the
Chamber's resources for advertising.
6
- M M
G. Miscellaneous Budget Amendment 033
The Board reviewed memo from OMB Director Joe Baird dated June
10, 1992:
TO: Members of the Board
of County Commissioners
DATE: June 10, 1992
SUBJECT: MISCELLANEOUS BUDGET AMENDMENT 033
CONSENT AGENDA.
FROM: Joseph A. Bair
OMB Director
DESCRIPTION AND CONDITIONS
On April 21, 1992 the Board of County Commissioners approved funding in the amount
of $6,800 for the school district to modify Gifford Middle Seven School for an emergency
shelter. On May 19, 1992 the Board of County Commissioners also approved funding in
the amount of $6,500 for the American Red Cross to participate in the .same project. The
attached Budget Amendment 033 is to allocate the monies which originated from the DRI
at Grand Harbor.
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the attached budget
amendment.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Budget Amendment 033 as follows:
O: Members of the Board SUBJECT: BUDGET AMENDMENT
of County Commissioners
FROM: Joseph A. Bair
OMB Director 1*
Entry ;
GENERAL FUND/.
GENERAL FUND/EMS
;uul-uuu-sbb-
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1001-110-525-
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1001-110-525-
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7
NUMBER: 033
DATE: June 10 1992
BOOK 8 F*'vr Ai0
ju W992 BOOK
H. Purchase of ABS Pumps and Duplex Control Panel
The Board reviewed memo from Purchasing Manager Fran Boynton
dated June 9, 1992:
DATE: June 9, 1992
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director
Department of General Servioeo
FROM: Fran Boynton, Purchasing Manager
SUBJ: Purchase of ABS Pumps and Duplex Control Panel
Utilities/Wastewater Department
BACKGROUND INFORMATION:
The Utilities Department has submitted a requisition for.four (4)
ABS Pumps and a Duplex Control Panel. The amount .leeded for
this equipment is $11,000.00.
ANALYSIS:
W.W.P.S.. Inc offered the Utilities Department an opportunity
to purchase the pumps and the panel at a low cost of $11,000.00.
The equipment has been in dry storage and never been used. The
Pumps meet Indian River County Utilities specifications,, although
there is no warranty. Purchase of this equipment would allow us to
have back-up pumps at our high flow stations and surge tanks in our
wastewater treatment plants. Utilities feels that the $10,000.00
savings would be beneficial to the County. If we went out for bid
for this equipment at current year prices from the standard sources,
the cost would be approximately $21,000.00.
BUDGETED AMOUNT: $14,160.00
SOURCE OF FUNDS: Sewer Utilities Lift Station Maintenance
RECOMMENDATION:
It is staff's recommendation that the bidding process be waived and
authorize the purchase of these pumps and control panel at a cost
Of $11,000.00 from W.W.P.S.. Inc.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wheeler, the Board unanimously approved
waiver of the bidding process and authorized the
purchase of the pumps and control panel from
W.W.P.S., Inc., in the amount of $11,000.00, as
recommended by staff.
8
I. Bid # 92-96 - Charlotte Avenue Water Main Extension
The Board reviewed memo from Purchasing Manager Fran Boynton
dated June 1, 1992:
DATE: June 3, 1992
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director
Department of General Servi
FROM: Fran Boynton, Purchasing Manager
SUBJECT: IRC #92-96/Charlotte Avenue Water Main Extension
Utilities Department
BACKGROUND INFORMATION:
Bid Opening Date:
Specifications mailed to:
Replies:
VENDOR
G.E. French Construction
Okeechobee, FL
Driveways, Inc
Titusville, FL
JoBear, Inc
Palm Bay, FL
TOTAL AMOUNT OF BID:
BUDGETED AMOUNT:
May 27, 1992
Fifteen (15) Vendors
Three (3)
TABULATION
$ 34,320.00
$ 43,275.05
$ 51,282.50
$ 34,320.00
$ 46,966.50
SOURCE OF FUNDS: Utilities General Impact Fees
RECOMMENDATION: Staff recommends that the bid be awarded to
G. E. French Construction 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 requirements are met and approved as to' form
by the County Attorney.
JUN 16 1992
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wheeler, the Board unanimously awarded
Bid #92-96 to G. E. French Construction for the
Charlotte Avenue Water Main Extension in the amount
of $34,320.00, and approved and authorized the
Chairman to execute the agreement, as recommended by
staff.
AGREEMENT
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
J. Revisions of Chanter 21 Special Taxes Districts and Units
The Board reviewed memo from Assistant County Attorney Terry
O'Brien dated May 28, 1992:
TO: Board of County Commissioners
FROM: Terrence P. O'Brien - Assistant County Attorney77t'
DATE: May 28, 1992
RE: REVISIONS OF CHAPTER 219 SPECIAL TAXES, DISTRICT AND
UNITS (1976 EDITION)
As part of the transitions from the old code (1976 edition) to the new
code a revision of Chapter 21 is necessary. The attached proposed
ordinance deletes a number of obsolete articles, establishes the new
Emergency Services District effective October 1, 1992 and transfers
current articles to the new code.
A public hearing date of July 14, 1992 is suggested.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wheeler, the Board unanimously
scheduled a public hearing on July 14, 1992 to
consider adoption of an ordinance to revise Chapter
21, Special Taxes, Districts and Units, as
recommended by staff.
10
L 71
PRESENTATION BY COOPERS AND LYBRAND OF THE COMPREHENSIVE ANNIIAL
FINANCIAL REPORT FOR YEAR ENDED SEPTEMBER 30, 1991
Withdrawn - to be rescheduled.
PUBLIC DISCUSSION
SEBASTIAN RIVER AREA 4TH OF JULY FESTIVAL COMMITTEE REQUEST FOR
CONTRIBUTION FROM INDIAN RIVER COUNTY
County Administrator Jim Chandler explained that this request
for $5,000 from the Sebastian 4th of July Committee was not
received within the time frame set by the Tourist Development
Council, which is why it is being presented to the Board. Mr.
Chandler reminded the Board that last year we allocated $5,000 each
to Sebastian and to Vero Beach, but with the stipulation that it
was a one-time allocation tied to the Desert Storm event.
Commissioner Scurlock felt that if it were to be''funded, it
should be funded from tourist tax funds.
Chairman Eggert thought tourist tax funds were to be used for
events that draw people from other counties rather than a community
event, and Commissioner Scurlock argued that Sebastian attracts
visitors from south Brevard County.
Anthony Donini, finance chairman of the 4th of July Festival
Committee, confirmed that they traditionally draw people from south
Brevard, particularly Barefoot Bay. He further explained that this
year's event has been expanded to include a volleyball tournament,
and there will be entertainers from Titusville and Melbourne, so
they expect it to be a regional attraction.
Commissioner Bird asked whether the Tourist Council was
opposed to the expenditure of funds for this event or whether the
request was submitted too late.
Commissioner Wheeler felt the Tourist Council's decision to
deny this request was because they feel this is not the type of
event that fits into the criteria that have been developed by the
Tourist Development Council; the most important being to fill beds.
Mr. Donini pointed out that visitors do come to Sebastian from
the larger metropolitan areas of Florida, and Sebastian is
promoting this event as a small-town 4th of July celebration, away
from the hustle -bustle of the big city.
Commissioner Wheeler felt people tend to stay in their
communities for this one -day holiday and any travelling is merely
the swapping of people from here to there to be with their
families. He felt, and Deputy County Attorney Will Collins agreed,
that it is a real stretch to think that you draw tourists for an
event that every community up and down the coast will be
sponsoring.
004
°OOK F 4 , r�UC �-LU
I
JUN 16 1992 boor
MOTION WAS MADE by Commissioner Scurlock, SECONDED
by Commissioner Wheeler, to deny the allocation of
$5,000 for Sebastian's 4th of July Celebration.
Under discussion, Commissioner Bird clarified that the request
was not necessarily for $5,000 from tourist tax funds but rather
from any source that the County might have available.
Mr. Donini agreed and explained that the rejection letter from
the Tourist Development Council stated it was a timing problem, and
that is why the request was presented to the Commission.
Commissioner Bird felt 4th of July is a very important holiday
and maybe it is something that we should allocate funds for on a
reasonable basis to try to help it occur, but if the criteria for
tourist tax funds are so strict, then he agreed this request does
not fit the criteria.
Chairman Eggert asked, and Commissioner Scurlock clarified
that the motion was to deny allocation of funds from any source.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried 3-2, Commissioners
Bowman and Bird voting in opposition.
RETEST FOR NAME CHANGE FROM GIFFORD PARK TO MARTIN LUTHER KING,
JR„ PARK
County Administrator Jim Chandler presented a request to
change the name of Gifford Park to Martin Luther King, Jr., Park.
Mr. Chandler advised that this proposal was suggested to some of
the Gifford community leaders, and their recommendation is to
rename the park.
Chairman Eggert thought that the citizens of Gifford
originally requested that 45th Street be renamed Martin Luther
King, Jr., Boulevard, and they wished the record to reflect that if
we change our policy about renaming old roads after people, they
would like 45th Street, or North Gifford Road, renamed Martin
Luther King, Jr., Boulevard. It has been County policy not to
rename streets after people.
Commissioner Bird was not convinced that we have a hard and
fast policy about renaming existing streets. He gave examples of
streets in the county which had been renamed recently to honor
certain people. Commissioner Bird also reported that the people
would prefer that 45th Street, or North Gifford Road, be renamed
Martin Luther King, Jr., Boulevard. He felt it was simply a matter
of removing "North Gifford Road" from the street sign and replacing
12
it with "Martin Luther King, Jr., Boulevard, 11 and would include
only the portion from U.S. 1 to Kings Highway. As far as renaming
Gifford Park, he felt J. Ralph Lundy was very much deserving to
have the park named after him.
Chairman Eggert recalled naming streets within new
subdivisions Iand new streets in honor of people but not renaming
existing arterials, because our policy has been that we would not
rename existing arterials. She found it difficult to go against
what has been a long-standing, firm policy when we have another
option, which is the park.
Commissioner Bird pointed out that the subject roadway
presently has two designations: 45th Street and North Gifford
Road.
Victor Hart, president of the N.A.A.C.P., came before the
Board and stated that in the last year or so the Gifford community
has been going through a change in leadership. Previously there
were many voices speaking independently, but now he is speaking for
all the civic groups and organizations. Mr. Hart recounted some of
the projects that have been completed in his community with the
cooperation of the Board of County Commissioners and the leaders of
the Gifford community, and he thanked the Board for setting high
standards. Mr. Hart explained that there was a misunderstanding
regarding the renaming of Gifford Park because individuals who did
not represent the Gifford community spoke to County staff. He
clarified that the request was to rename North Gifford Road to
honor Martin Luther King, Jr., but to keep the designation 45th
Street also. He stated that there is no need to change anything
because he felt the street would always be 45th Street. He
requested possibly two green signs saying "Martin Luther King, Jr.,
Boulevard."
Chairman Eggert clarified that the misunderstanding happened
because staff thought the request was for a change rather than an
additional name.
Mr. Hart cautioned that the Commission and staff should deal
with representatives of the Gifford Civic League and not allow any
individual to make a request, because Gifford is a united
community. He stated that in the future the Gifford community will
request Gifford Park be renamed to honor J. Ralph Lundy and that
the community center not be renamed.
Commissioner Bird thought it would be less confusing to delete
"North Gifford Road" and add "Martin Luther King, Jr., Boulevard"
and retain 45th Street as the designations for the subject roadway.
13
MOTION WAS MADE by Commissioner Scurlock, SECONDED
by Commissioner Bird, to authorize staff to erect on
the top of each of the signs that currently exist
the designation "Martin Luther King, Jr., Boulevard"
and retain the 45th Street designation below that.
Under discussion, Commissioner Scurlock felt he needed more
time to consider renaming Gifford Park in honor of Mr. Lundy.
Chairman Eggert asked, and Commissioner Scurlock clarified
that the designation "North Gifford Road" should be removed, and
the exact design and wording should be left to the sign people.
Administrator Chandler assured the Board it would be worked
out.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
Jim Jenkins, coordinator of the Martin Luther King, Jr.,
Street Project, thanked the Board and assured the :Board that if 'the
Gifford community could be of help in the future, they'°woul'd be
most cooperative.
Chairman Eggert led discussion regarding the County's policy
on renaming streets.
Commissioner Bird felt we do not have a firm policy.
Commissioner Scurlock felt we have a definite policy, but did
not see confusion with two names on a street sign. He gave
examples of other communities where streets are named randomly and
people seem to find their way.
Commissioner Bird felt the difference is that the street has
two designations and we are changing only a portion of the
designation.
Chairman Eggert thought the reason for our policy is to avoid
renaming streets on every whim, and she felt this particular
situation was unique.
Commissioner Bowman saw no problem as long as 1145th Street" is
retained on the sign.
County Administrator Jim Chandler pointed out that the
important portion of our policy is to avoid changing the
designation of a major thoroughfare as opposed to a neighborhood
internal street.
14
REQUEST TO APPROVE METROPOLITAN PLANNING ORGANIZATION (MPO)
APPORTIONMENT PLAN
Community Development Director Bob Keating made the following
presentation with the aid of enlarged maps and graphics:
TO: James Chandler
County Administrator
FROM: Robert M. Keating, AICP RMK
Community Development Director
DATE: June 10, 1992'
SUBJECT: `REQUEST TO APPROVE METROPOLITAN PLANNING
ORGANIZATION (MPO) APPORTIONMENT PLAN
It is requested that the data presented herein be given formal
consideration by the Board of County Commissioners at their regular
meeting of June 16, 1992.
DESCRIPTION & CONDITIONS:
For the past several months, county staff in conjunction with the
Technical Complement Committee of the Transportation Planning
Committee have been working on various work products necessary to
proceed with creation of the Vero Beach Metropolitan Planning
Organization (MPO). Foremost among the activities undertaken has
been preparation of an MPO apportionment plan.
As indicated in the Governor's recent letter to the chairman of the
Board of County Commissioners, the apportionment plan must be
submitted by July 1, 1992. The plan submittal should reflect
agreement among the local governments within the metropolitan
planning area, and it should be approved by a majority of those
local governments.
An apportionment plan is a design of the structure of the MPO
governing board. As such, the plan must specify the number of
members on the governing board and indicate how representation on
the board will be allocated among the local governments within the
MPO area. While a proposed apportionment plan must be submitted by
the local governments- within an MPO area, the Governor is
responsible for creating the MPO and apportioning its membership.
This item was scheduled for consideration
9, 1992 meeting. At that time, the item wa
16th meeting to allow the Transportation
consider the apportionment plan issue.
Transportation Planning Committee met and
apportionment plan.
ALTERNATIVES AND ANALYSIS:
by the Board at its June
s tabled until the June
Planning Committee to
On June 10, 1992, the
considered the proposed
Florida Statutes Section 339.175 identifies the requirements of an
MPO apportionment plan. This statute provision mandates that an
MPO governing board have between 5 and 18 members; be comprised of
elected officials of general purpose local governments within the
MPO area (with several exceptions for transportation/transit
authorities and planning agencies); and be generally proportional
in representation with respect to the local governments within its
boundary.
15
BOOK L,j"
JUN 16 1992
FF_
Given these requirements, the Technical Complement Committee
considered several options for an MPO apportionment plan. With an
objective of keeping the governing board's membership'small, the
committee considered apportionment plans of 7, 8, and 9 members for
the MPO governing board. In developing the proposed apportionment
plan, the Committee considered the MPO area to include all land
within the county's 2010 urban service area as well as the City of
Fellsmere.
Of the apportionment alternatives considered by the Technical
Complement Committee, the preferred option was a nine member MPO
governing board with membership apportioned as follows:
Board of County Commissioners
4
members
City
of
Vero Beach
2
members
City
of
Sebastian
1
member
Town
of
Indian River Shores
1
member
City
of
Fellsmere
1
member
Town
of
Orchid
0
members
However, when that option was presented to FDOT, the ,FDOT staff
indicated that, because the smaller municipalities were over-
represented on the board, the plan would probably not be approved
by the Governor. Consequently, the Technical Complement Committee
rejected that option. Instead, the committee chose a sevenmember
alternative, with representation as follows:
Board of
County Commissioners
4
members
City of
Vero Beach City Council
2
members
City of
Sebastian City Council
1
member
The principal reasons for- selecting this alternative were
manageable size and proportional representation.
On June 10, 1992, the Transportation Planning Committee (TPC) met
and considered MPO apportionment plan alternatives. The TPC 's
Position was that each municipality should have representation on
the MPO governing board, if possible. For that reason, the TPC
voted to recommend approval of the nine member option which had
been considered and rejected by the Technical Complement
Committee. The population percentage, as well as voting percentage
for each alternative, is identified below:
dORi80ICcn=
+O APPortimment uternatives
1990
POPOLMOB 7 9
TOTJIL
PERCENT VUUA FK11M PT was/rSIOCB�r
Cauffty/MPO
90,208
100
7
100
9
100
IIninCOrPorated
58,175
64.5
4
57.1
4
44.5
City of Vera fah
17,360
19.2
2
28.6
2
22.2
C'tY of Sebastian
10,206
11.3
1
14.3
1
11.1
Tarn of Indian Rivas' Shares
2,278
2.5
0
0
1
11.1
City of POLIM ata
2,179
2.4
0
0
1
11.1
Torn of o amd
10
0
.01
0
0
0
16
M
M M M
Besides its voting member recommendation, the TPC also recommended
that two non-voting members be appointed to the MPO board. These
would be the School Board and the Town of Orchid. According to
State regulations, the MPO may appoint non-voting members to the
MPO board. This could be done as part of the apportionment plan or
subsequent to'MPO creation. Either way, both the School Board and
the Town could be non-voting members.
According to FDOT representatives, the nine member, TPC recommended
MPO apportionment plan does not meet state requirements because
voting representation is not proportional to population. It is
FDOT's position that the nine member option, as proposed, would not
be approved by the Governor.
Regardless of FDOT's position, the local governments within the MPO
area may submit an MPO apportionment plan of their choice. Even
though FDOT will advise the Governor's office on apportionment plan
approval, the nine member plan may be approved despite FDOT's
objections. If the Governor determines that the proposed
apportionment plan is unacceptable, he may take one of two options.
The first option would be to structure an apportionment plan for
the Vero Beach MPO without further local input. The second
alternative would be to direct the local governments within the MPO
area to revise their proposed plan; with this option MPO creation
and funding would be delayed past July 1, 1992.
Based upon the TPC's action at its June 10, 1992, meeting, staff
has drafted an MPO apportionment plan resolution for a nine voting
member MPO board with two non-voting members. A copy of this
resolution is attached to this staff report.
Besides the apportionment plan, interlocal agreements will need to
be signed by the local governments within the MPO area prior to
formal creation of the MPO. Since FDOT has not finalized the
updated interlocal agreement forms, agreements cannot be executed
at this time. However, the Board may formally indicate its
intention to sign an MPO interlocal agreement.
Prior to submittal of the apportionment plan to the Governor, each
local government within the MPO area should, by resolution, accept
or reject the proposed apportionment plan. According to local
staff, the City of Vero Beach is scheduled to consider this issue
on June 16, 1992, and the City of Sebastian is to consider it on
June 17, 1992.
Attached to this staff report is a proposed resolution which would
indicate the Board's agreement with the proposed MPO apportionment
plan and indicate the Board's intent to execute an interlocal
agreement to create the Vero Beach MPO.. The resolution would also
serve as the means for the Board to appoint its four MPO members.
RECONNENDATION:.
The staff recommends that the Board approve the attached resolution
and direct staff to transmit the resolution and resolutions passed
by other local governments within the MPO area to the Office of the
Governor.
17
JUN 1992
� J
r -
JUN 16 199` E
The Commissioners asked where the boundaries of the MPO would
be, and Director Keating indicated the limits and explained that
the MPO must include all the land in the census urbanized area plus
all the land that is in the transitioning urbanized area. The
transitioning urbanized area is defined as that area which is
projected to meet the urbanized criteria within 20 years, which is
the area that will have 1,000 people per square mile in a 20 -year
period. Staff determined that will include all of the area within
the County 20 -year urban service area plus the City of Fellsmere
and the general area around Fellsmere. That is the least amount to
be included in the MPO, and technically the entire county could be
included in the MPO limits.
Commissioner Scurlock asked whether this membership plan is
intended to be static, because he felt there will be changes,
particularly in the City of Sebastian, which he believes is the
fastest growing municipality in our county.
Director Keating responded that apportionment is oto be
reconsidered every five years using approved census population
numbers.
Director Keating interjected that the governor"s :letter of'
instructions contained an important statement that small citiesand
unincorporated areas within the MPO should be represented by,the
Board of County Commissioner appointments to the MPO.
Director Keating further advised that two other committees are
required to be created as part of the MPO. One is a technical
advisory committee with no specific limitations on the membership
and may include staff from the school board and other local
governments. This committee will be an important part of the MPO
process, writing detailed professional specifics to the MPO
governing board. The other required committee is a citizens'
advisory committee which will allow lay people within the community
to provide input to the MPO.
Jim Scully, Assistant Planning Engineer from the FDOT District
Office in Fort Lauderdale, came before the Board and made further
comments regarding the process of creating the MPO. He explained
that FDOT's role is to coordinate and cooperate with local
governments during the process of creating the MPO and to make
recommendations to the governor's office. He stated that FDOT's
Position regarding the subject MPO is to recommend that the
governor not approve the 9 -member plan because it does not comply
with the basic instructions issued by the governor and because the
proposed memberships for the smaller governmental units are
significantly disproportional. Mr. Scully described the various
plans created in other counties around the state.
18
Chairman Eggert asked, and Mr. Scully confirmed that an
acceptable plan would be the proposed 7 -member MPO board with four
non-voting members, one each from the school board, Indian River
Shores, Fellsmere and Orchid.
Mr. Scully was aware of the concerns of the Town of Indian
River Shores, but the process must operate within certain
constraints. He assured the Board that Indian River Shores'
proposal is in writing, along with the basis for their proposal, so
FDOT is aware of it at both the district office and at the central
office in Tallahassee.
Commissioner Bird noted that in a majority of the examples of
other MPOs around the state the majority of voting strength was
with the municipalities rather than with the counties.
Mr. Scully pointed out that there would be additional input
through the technical and citizen advisory committees which would
be in addition to non-voting members.
Robert Schoen, vice mayor of Indian River Shores and member of
the Transportation Committee, spoke in opposition to the 7 -member
Board. He gave examples of other boards and commissions in the
county which consist of between 10 and 15 members and commented
that our community works well in larger groups. He felt the census
figures were not true because many residents of Indian River Shores
were not counted. He projected that Indian River Shores could have
1200 living units added to the present 2100 living units. Mr.
Schoen stressed that he is concerned that Indian River Shores
voters' wishes might not be considered adequately if they did not
have representation on the MPO board.
Discussion ensued regarding the procedure of sending the MPO
resolution to the governor. Director Keating stated that while the
Transportation Planning Commission recommended the 9 -member plan,
staff feels that the 7 -member plan is the option that will be
approved because it complies best with the requirements and is
consistent with what other MPOs are doing.
Commissioner Wheeler preferred giving municipalities the right
to be heard by having a voting member.
MOTION WAS MADE by Commissioner Wheeler, SECONDED by
Commissioner Bird, to adopt Resolution 92-83
agreeing in principle to Execution of an MPO
interlocal agreement, a Metropolitan Planning
Organization (MPO) Apportionment Plan and
appointment of representatives to serve on the MPO.
19
rJUN 16 _1004
JON
BOOK
Under discussion, Commissioner Bird suggested that the County
should be represented when the governor considers this proposal,
but Director Keating understood that this is a written submittal
which the governor will approve, change or reject.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously appointed
Chairman Eggert, Commissioner Bowman, Commissioner
Bird and Commissioner Wheeler to the Metropolitan .
Planning Organization (MPO) to represent the Board
of County Commissioners.
RESOLUTION 92-83
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
AGREEING IN PRINCIPLE TO EXECUTION OF AN MPO
INTERLOCAL AGREEMENT, A METROPOLITAN PLANNING
ORGANIZATION (MPO) APPORTIONMENT ' PLAN, AND
APPOINTMENT OF REPRESENTATIVES TO SERVE ON THE MPO
AND INTERIM MPO.
WHEREAS, the Census Bureau has, on the basis of 1990 Census data,
designated the City of Vero Beach and its surrounding area as
a Census Urbanized Area; and
WHEREAS, Section 134 of Title 23 United States code requires that
a Metropolitan Planning Organization (MPO) be designated in
each Urbanized Area of more than 50,000 population; and
WHEREAS, the Governor has informed the Chairman of the Board of
County Commissioners that the Vero Beach Urbanized Area
qualifies for designation as an MPO; and
WHEREAS, the Governor has requested that the local governments
within the Vero Beach MPO develop an apportionment plan and
submit .the plan to the Florida Department of Transportation
(FDOT) by July 1, 1992; and
WHEREAS, the apportionment plan must identify the voting membership
of the MPO and the representation on the MPO by local
governments within the MPO area; and
20
WHEREAS, Florida Statutes Section 339.175 establishes MPO
apportionment plan criteria, which include among other
requirements that MPO members be elected officials from
generale purpose local governments within the MPO area and that
representation on the MPO by local governments be generally
proportional to the local governments' population; and
WHEREAS, the MPO area must include the existing urbanized area as
well as the area expected to be urbanized within twenty years
and, therefore, will include all five municipalities in the
county as well as much of the incorporated area east of I-95;
and
WHEREAS, the 1990 Census determined that County and municipal
population figures were as follows:
Total County
Unincorporated
Vero Beach
Sebastian
Indian River Shores
Fellsmere
Orchid
Population Percent
90,208
100
58,186
64.5
17,350
19.2
10,205
11.3
2,278
2.5
2,179
2.4
10
.01
NOW, THEREFORE, Be it Resolved by the Board of County Commissioners
of Indian River County, Florida, that:
1. The Board agrees in principle to enter into an interlocal
agreement with the municipalities in the County and the
Florida Department of Transportation to formally create
the Vero Beach MPO; and
2. The Board agrees to a Vero Beach MPO apportionment plan
which shall be as follows:
nine voting members with representation as
follows:
- four members of the Indian River County
Board of County Commissioners
- two members of the Vero Beach City Council
- one member of the Sebastian City Council
- one member of the Indian River Shores Town
Council
- one member of the Fellsmere City Council
two non-voting members with representation as
follows:
- one member of the Orchid Town Council
- one member of the Indian River County School
Board
21
BOOK Ut
A
JUN 16 1992
°100��
3. The Board appoints the following four Board members
to serve on the MPO governing board and to serve on
the board of an interim MPO:
Commissioner Eggert
Commissioner bowman
Commjssione Bird
-CommissionerWheeler
THIS RESOLUTION was moved for adoption by Commissioner
Scurlock
, seconded by Commissioner
Bird , and
adopted on the 16 day of June 1992, by the following vote
Commissioner Carolyn K. Eggert A ve
Commissioner Richard N. Bird Are_
Commissioner Gary C. Wheeler Aye
Commissioner Margaret C. Bowman Aye
Commissioner Don C. Scurlock, Jr. Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 16th , day of June , 1992.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY,
FLORIDA
By i( .
Carol K. Egg
hairman
The Chairman recessed the meeting briefly at 11:00 A. M. and
the Board reconvened at 11:15 A. M. with all members present.
22
IRC COURTHOUSE DESIGiN - AMERICANS WITH DISABILITIES ACT
The Board reviewed memo from General Services Director Sonny
Dean dated June 10, 1992:
DATE: JUNE 10, 1992
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
THRU: ,JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: H.T. "SONNY" DEAN, DIRECTOR
DEPARTMENT OF GENERAL SERVI
SUBJECT: INDIAN RIVER COUNTY COURTHOUSE PROJECT DESIGN
AMERICANS WITH DISABILITIES ACT
BACKGROUND:
As per Staff's instructions, the subject project is designed to meet
all requirements of the Americans With Disabilities Act (ADA). As of
yesterday, all problems have been resolved and the final plans are
ready for bid. The Judges have made a request for a change in the.
plans that may or may not be in accordance with ADA.
County Attorney, Will Collins on request from this writer, has
researched the law to determine if the design can be changed as
wanted by the judges and not jeopardize the County. The results of
this effort along with all related correspondence is attached for
your perusal.
RECOMMENDATIONS:
Staff requests Board action to resolve this matter.
Deputy County Attorney Will Collins commented from memo dated
June 8, 1992:
23
JAN 16 19,92,
JUN 161992
TO: Sonny Dean - Director of General Services
FROM: LAI' William G. Collins II - Deputy County Attorney
DATE: June 8, 1992
SUBJECT: Courthouse Project Design - Clerk's Station and the
Americans With Disabilities Act
BACKGROUND:
At our meeting last Friday morning with Judge Vocelle, I was informed that
the entire courthouse has been designed to comply with the Americans With
Disabilities Act. Architect Musgraves' letter of February 24, 1992' indicated
that Commissioner Wheeler and Judge Vocelle would rather ` build:: , one
courtroom per the mock-up and the other courtrooms per the.;,;trad tional
(plus 7 -inch) clerk and reporter stations without built in ramps." The
architects requested written direction prior to any change in their design
documents (obviously to protect themselves from any potential liability for
non-compliance with the Americans With Disabilities Act, if any)
THE AMERICANS WITH DISABILITIES ACT:
The decision on design as set out above involves two competing principles of
the Americans With Disabilities Act. The first is the full integration of the
disabled into society's workplace, public accommodations, etc. The second is
accomplishing that integration without "undue hardship". Undue hardship
means significant difficulty or expense relative to the operation of a public
entity's program. (II -4.3200 Reasonable Accommodation, Department of
Justice Technical Assistance Manual.) Local governments could not qualify
for an undue hardship based on expense. However, a local government may
qualify for the undue hardship exception based on significant difficulty
relative to the operation of the public entity's program, in this case the
operation of the courtroom. The Circuit Court judges found difficulty in
the exchange of documents., exhibits, etc. between the clerk and the bench
with the mock-up trial courtroom. This, even though the mock-up notched
the Judge's bench to facilitate the reach required to exchange paperwork
and incorporated balusters in the Judge's screen to facilitate eye contact.
The Circuit Judges felt that, as designed, the exchange between the Judge
and the Clerk was unnecessarily awkward and disruptive to the effective
functioning of the court.
The Architectural and Transportation Barriers Compliance Board is the group
responsible for developing minimum guidelines and requirements under the
regulations promulgated by the Attorney General to implement Title II's
prohibition against discrimination on the basis of a disability by a public
entity. The regulations for Title II dealing with state and local government
construction are required to be consistent with the Americans With
Disabilities Act and the regulations under Part 41 of Title 28, Code of
Federal Regulations. (ADA, Section 204(b)) Other provisions of the Act in
Title III, dealing with public accommodations and new construction, do
provide some guidance. However, Title III does not give a "safe -harbor"
definition of undue burden.
24
The Americans With Disabilities Act Architectural Guidelines (ADAAG) in
Appendix B, Section 4, Accessible Elements and Spaces: Scope and Technical
Requirements, sets out minimum requirements under Section 4.1.1(3) which
states:
"Areas Used On:
that are used or
constructed so
approach, enter,
Work Areas.
Ly as work areas shall be design
that individuals with disabilities
and exit the areas . "
Areas
d and
can
The Code of Federal Regulations, 36 C.F.R. Part 1191, provides commentary
related to ADA accessibility guidelines for buildings and facilities. In those
regulations, the Architectural and Transportation Barriers Compliance Board
has stated that:
"areas used only by employees as work areas are
covered by the guidelines but individual work stations
are not required to be constructed in a fully accessible
manner. H. Rept. 101-45, pt. 3, at 63. Modifications
to an individual work station would be covered by
reasonable accommodation under Title I of the ADA which
prohibits discrimination in employment on the basis of
disability. ...
The provision in 4.1.1(3) has been revised to clarify
that areas that are used only by employees as work
areas shall be designed and constructed so that
individuals with disabilities can approach, enter, and
exit the areas. For instance, individual office rooms in
a typical office building must be on an accessible route
and the doors to the rooms must comply with the
technical specifications in 4.13.
The guidelines coo not require that any work area be
constructed to permit maneuvering within the work area
(e.g., maneuvering spaces around a desk) or that fixed
or built-in equipment be accessible (e.g., counters or
shelves) . However, modifications may be required to a
particular work area for an individual employee or
applicant with a disability as a reasonable accommodation
under Title I of the ADA.
The appendix includes advisory guidance on individual
work stations at A4.1.1(3) . Where there are a series of
built in or fixed individual work stations of the same
type (e. g. , laboratories, service counters, ticket
booths) , in order to facilitate reasonable accommodation
at a future date, it is recommended that five percent or
at least one of each type of work station should be
constructed so that an individual with disabilities can
maneuver within the work station."
Analogous regulations for supermarket checkout aisles only require an
adequate number to ensure an equivalent level of convenient services is
provided to individuals with disabilities as is provided to others. (28
C.F.R. 36.302 (d_)) ; and that a reasonable number of wheelchair seating
spaces must be provided in places of public accommodation such as theatres
(28 C.F.R. Section 36.308).
The Federal Regulations have other analogous situations which may have
implications for the courthouse. For instance, a business that sells
merchandise is not required to re -arrange furniture, equipment, or display
racks if the reorganization would cause a significant reduction in sales or
service areas . (28 C.F.R. Section 26.304 (f) .) In the case of the
courthouse, making a raised clerk's platform accessible by way of a ramp
25
. "
MOKFf,Ut �P��y
JUS 1 199
L_
JUN 16 ��J moK 86 FM,JE 6P_4
would interfere with a door opening into the courtroom from the secured
Prisoners' area, thereby requiring a redesign and considerable loss of usable
space.
The regulations which the county is required to comply with under Title II
of the Act require reasonable accommodation to known limitations of
individuals unless such accommodations would work an undue hardship on the
operation of its program. (28 C.F.R. 41.53.) The regulations further
require that new construction be readily accessible to and usable by
handicapped persons. (28 C.F.R. 41.58. )
"The House Committee report states that the term 'readily accessible and
usable by' does not mean that, in the case of redundant, identical
components, each and every such component must be made accessible. For
example, not all parking spaces, aisles, and water fountains must be
accessible. Rather, only a reasonable number of such facilities must be
altered, depending on such factors as their use, location, total number.
Where the facilities do not serve identical functions, however, each facility
must be accessible." (Americans with Disabilities Act, Federal Publications,
Inc., Course Manual, p 173.)
Employee facilities are not considered to have a primary function in public
accommodations as would travel areas, drinking fountains, restrooms, meeting
areas, offices, etc. (28 C.F.R. Section 37.403.) The regulations require
reasonable modification when necessary to afford facilities to individuals with
disabilities, unless modifications would fundamentally alter the nature of the
services and facilities.
CONCLUSION:
It is clear that the Americans With Disabilities Act is fertile F ,.ground for
litigation and that there are a number of words peppered throughout.': he Act
and the regulations which are susceptible of differing interpretations
those "bold" words in this memo) . However, appears a clear intent there a (e.g., intent
that individuals with disabilities be fully integrated into all aspects of
society, and that employers, public entities, and providers of public services
ensure that integration by making their facilities accessible to the maximum
extent feasible without an undue hardship on the effective' functioning of
their operations and delivery of their services and programs.
The courthouse as designed is in full compliance with the ADA, however the
Circuit Judges, in running through a mock trial in the mock-up courtroom,
have found a functional problem in placing the clerk's station seven inches
lower at ground level. They have proposed, as a compromise which would
afford a reasonable accommodation to any wheelchair bound clerks that may
be hired in the future, that one Circuit Court courtroom and one County
Court courtroom, i.e., a courtroom on each the second and third floor, be
made wheelchair accessible (ground level) . The remainder of the courtrooms
would be constructed in a manner which the Circuit Judges feel is more
accommodating to the effective operation of the courtroom. There would be
Potential for further accommodation of the handicapped as additional
courtrooms are added in the future in the space currently projected for the
State's Attorneys and Public Defenders.
The decision the County Commission faces is whether to direct the architect
to incorporate the request and proposal of the Circuit Judges into the design
of the courthouse. Such a directive would increase potential exposure from
a future litigant (i.e., a handicapped clerk employee), but increase the
efficiency of operation within the courtroom. The proposal, by the Circuit
Court Judges would make approximately 30% of the courtrooms clerk's
stations wheelchair accessible, and would accommodate wheelchair bound
clerks until the third wheelchair bound clerk was hired. At that time the
county would be in the position of making the necessary modifications to the
clerk's stations to accommodate the access needs of that individual with a
disability • The costs of such modification may vary with individual
circumstances and are beyond the scope of any legal analysis as they have
more to do with construction design and cost of modification.
26
RECOMMENDATION:
The architects have taken the only safe position in this matter. However
the judges' proposal is legally defensible under the ADA and meets the ADA
goals of full integration without undue hardship in facilities operations. I
recommend the Chairman be authorized to give the architect written direction
to modify the design documents in accord with the judges' proposal.
Commissioner Scurlock was concerned that the requirements of
the Americans with Disabilities Act (ADA) will not be lessening,
and he felt that we should comply fully with the requirements of
the ADA to avoid having to retrofit the facility '`at some future
time.
Commissioner Wheeler explained that there was a great deal of
discussion regarding this detail of the courthouse design. The
resulting decision was to design two courtrooms with the clerk's
work station designed at floor level so that a wheelchair -
handicapped clerk could easily use it, and if there is a need in
the future for more clerk work stations for wheelchair -handicapped
clerks, it would be a simple matter of adding a portable or movable
ramp.
Chairman Eggert cautioned that adding a ramp would involve
more space for the distance that is required for a wheelchair to
move upward.
Administrator Chandler reported that judges and clerks must be
able to exchange documents as well as see each other for verbal
communication, and that is the reason the judges requested that the
clerk's work station be raised seven (7) inches above floor level.
Chairman Eggert argued that if two courtrooms were being
designed to accommodate the handicapped and still have the ability
to exchange documents and see each other, it seemed logical that
the rest of the courtrooms could be built the same way.
Commissioner Bird suggested portable platforms or a false
floor which could be moved to any courtroom.
Administrator Chandler explained that the problem would be
that the electronics which are to be placed in the clerk's work
station must be permanently installed. In two of the courtrooms
the electronics would be placed in floor -level work stations'and
the rest of the courtrooms would have the electronics installed to
accommodate the work stations 7 inches above floor level.
Commissioner Bird asked, and Deputy County Attorney Collins
advised that the proposed plan would be legally defensible because
in referring to built-in equipment and work stations, the federal
regulations indicate that if you have a series of identical work
stations not every one of them must be handicapped -accessible.
There is a whole range of disabilities, making it difficult to
27
JUN
L
16 1992
L
JUN iG 1992
anticipate which disability must be accommodated. For instance,
there may be a hearing impairment where we may have to make some
electronic modifications.
MOTION WAS MADE by Commissioner Bird, SECONDED by
Commissioner. Wheeler, to design two of the
courtrooms in the new courthouse to be accessible to
handicapped clerks and design the remainder of them
seven (7) inches above floor level, and authorized
the Chairman to send a letter of authorization to
architect James L. Musgraves.
Commissioner Scurlock led discussion regarding the County's
legal position.
Deputy County Attorney Collins advised that the proposal is
legally acceptable. He stated that the only guideline in the
federal regulations indicates 5 percent of the work stations must
be handicapped -accessible; our plan is 28 to 30 percent. He
further explained that if somebody brings a complaint:z,they must
file it with the Department of Justice, and we would have,180 days
to work out a compliance agreement.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
REQUEST FOR STREET CLOSING FOR BLOCK PARTY PORTION OF 14TH AVENUE
BETWEEN IST STREET S.W. AND 2ND STREET S.W.
The Board reviewed memo from County Traffic Engineer Michael
Dudeck dated June 2, 1992:
28
TO: James E. Chandler,
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director'
FROM: Michael S. Dudeck, Jr., P.E.
County Traffic Engineer
REF. LETTER: Letter from Perry Pisani to Margaret Gunter dated
May 29, 1992
DATE: June 2, 1992
The residents of the one hundred block of Fourteenth Avenue are
requesting permission to close a portion of 14th Avenue between
1st Street SW and 2nd Street on the Fourth of July from 4:00 PM
to 10:00 PM for their eleventh annual Fourth of July Celebration.
Staff has no objection to this request, provided that:
1) Celebration representative(s) contact Mr. Bruce Haas at the
Traffic Engineering Division at 569-5143 seventy-two hours
prior to the event. Proper barricades, furnished by the
Traffic Engineering Division, are installed by the
Celebration representative(s) and returned by the Celebration
representative(s) seventy-two hours after the event.
2) A representative be listed as a contact person in charge of
the event in case the road needs to be opened.
3) Access to emergency vehicles be maintained.
Staff recommends approval. No funding is applicable.
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Bird, the Board unanimously approved
the closing of a portion of 14th Avenue between 1st
and 2nd Streets S.W., from 4:00 p.m. to 10:00 p.m.
on July 4, 1992, as recommended by staff.
MI
JUN 16 1992
JUH i '11
K
BOOK�-
rr�L be,.jl�J
REQUEST FOR STREET CLOSING FOR BLOCK PARTY PORTION OF 37TH AVENUE
BETWEEN 10TH STREET AND 11TH STREET
The Board reviewed memo from County Traffic Engineer Michael
Dudeck dated June 4, 1992:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Director
SUBJECT: Request for Block Party
37th Avenue Between 10th Street and 11th Street
RE: Letter from Nicholas DiRocco to Public Works
Department dated June 2, 1992
DATE: June 4, 1992
DESCRIPTION AND CONDITIONS
Residents of 37th Avenue have requested permission to close
a portion of 37th Avenue between 10th Street and 11th Street
for their annual block party. The residents are asking for
permission to close the road at 9:00 am to Midnight. Staff
has no objections to this request, provided that:
1) Proper barricades are installed by the Traffic
Engineering Division or the residents of the homeowners
association and that the block representative contact
the Traffic Engineering Division at 569-5143
seventy-two (72) hours prior to the event.
2) A block representative be listed as a contact person in
charge of the event in case the road needs to be
opened.
3) Access to emergency vehicles be maintained.
RECOLMIDATIONS AND FUNDING
Staff recommends approval. No funding is applicable.
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Bird, the Board unanimously approved
the closing of a portion of 37th Avenue between 10th
and 11th Streets from 9:00 A. M. to Midnight on July
25, 1992, as recommended by staff.
30
REQUEST FOR ROAD MAINTENANCE - VERO TROPICAL GARDENS - WEST OF 1-95
AND NORTH OF SR 60
The Board reviewed memo from Public Works Director Jim Davis
dated June 8, 1992:
TO: James E. Chandler,
County Administrator �)
FROM: James W. Davis, P.E.,
Public Works Director
SUBJECT: Request for Road Maintenance
Vero Tropical Gardens
West of I-95 and North of SR 60
DATE: June 8, 1992
DESCRIPTICK AND CONDITIONS
Mr. Paul Neal, 2120 94th Drive, and residents of Vero
Tropical Gardens Subdivision are requesting that the County
improve and maintain the roads in Vero Tropical Gardens
Subdivision. On November 5, 1991, the Board approved
initiating a'100% Special Assessment project to pave the
5.22 miles of roads in this area. The project is currently
on our petition paving list and is scheduled for design in
1993.
ALTERNATIVES AND ANALYSIS
There are approximately eight houses existing within the 174
lot subdivision. The County does not maintain roads leading
to the eight lots. Mr. Neal requests that the County
construct and maintain a one mile loop road along 26th
Street and 94th Court so that the eight homes can be
accessed. The following alternatives are presented:
Alternative No. 1
Construct and maintain a one mile long unpaved
road along 26th Street, 94th Court, and 94th
Drive. The cost of this construction would be
approximately $50,000. Once the work is complete,
the County would grade the roads.
Alternative No. 2
Deny the request until the Special Assessment
project is implemented. The County Attorney's
office is of the opinion that the County is not
obligated to perform this work.
Alternative No. 2 is recommended.
31
JUN 161,992
JON 16 IN2
Public Works Director Jim Davis noted that on November 5, 1991
the Board authorized staff to add this project to our special
assessment project list, and staff projects that the engineering
will be complete in 1993 to pave the roads in this subdivision.
Mr. Davis advised that there are a number of situations in the
county where we do not maintain the roads, and he recommended that
the petition paving project go forward so as not to begin a
precedent to maintain all the unmaintained rights-of-way in the
county.
Commissioner Scurlock led discussion regarding the history of
this subdivision. He thought there had been monies conveyed from
the developer to the County to construct future roads and that
those monies are being held in the general fund. He felt the
acceptance of those monies placed a responsibility on the County to
construct those roads.
County Attorney Charles Vitunac advised that in his review of
the records he found the County accepted $28,000 and paid,;a,1$3;,000
fee to an attorney, leaving $25,000.
Director Davis further reported that the records indicated
that platting of the subdivision was begun in 1960 and when the
developer did not make the improvements, a local law firm I -was
retained by the County to pursue a performance bond. That attempt
was successful, we acquired $28,000 from the bonding company and
paid $3,000 for the legal work. Director Davis stated that after
his discussions with the County legal department, the conclusion
was reached that these monies should be applied to the paving
project at the time this special assessment program is initiated.
He felt that even if the Board decides to add interest, it would
not be enough to improve the 5.22 miles of road in the subdivision
and the drainage system.
Attorney Vitunac stated that he learned from the Office of
Management and Budget that escrowed funds were not held at interest
back in the 1960s.
Administrator Chandler reported that his review of the records
showed that the Department of Business Regulations interpreted the
facts to indicate that the County was obligated to provide all the
roadways in that subdivision, but subsequently, correspondence was
found signed by Tommy Thomas indicating that was not ,the case. At
this point in time it appears that the $25,000 went into the
general fund with no requirements as to escrowing or interest.
Director Davis recommended that once the special assessment
program is initiated, a credit be made to the project for whatever
amount of money the Board feels is appropriate and that the
remainder of the cost be assessed to the benefitted owners.
32
Paul Neal, 2120 94th Drive, Vero Tropical Gardens Subdivision,
came before the Board to request repair and maintenance to 26th
Street, 94th Court and 94th Drive. He presented maps and
photographs to the Commissioners showing the area involved and the
condition of the roads. He stated that there are 8 homes with 25
residents who"need access to their homes now, not in 1993. He said
that in 1988 when most of the homes were constructed the road gave
access to the homes, but four years of progress and travel have
brought the roads to a condition of impassability. When it is dry,
the sand is loose and vehicles become bogged down. When it is wet,
the water stands in the ruts and you either go slow and get stuck
or go fast and flood out your vehicle. He stated that the
residents of Vero Tropical Gardens requested help from the County
two years ago and were denied. Two months ago they made another
request in writing and were given the alternative of constructing
and maintaining an unpaved road at a cost of $50,000, which they
realize the County will not do when there is a paving project
coming up. They were asking for a less costly solution just to
allow access to their homes. He suggested the County could just
bring in equipment, remove loose sand and add hard fill. He also
said there is .6 mile to be repaired, not 5.22 miles as stated by
Mr. Davis. While the occasion may not arise when the condition of
the road could prevent fire trucks, ambulances and law enforcement
from responding to the needs of the residents, the residents need
this road to get to their jobs, to school and other functions. Mr.
Neal stated that without some assistance the residents of Vero
Tropical Gardens may just as well be marooned on a deserted island.
He urged the Board to give them some assistance.
Mark Cabillis, resident of Vero Tropical Gardens, came before
the Board to request road repair at this time. He felt that the
main issue is public safety and stated that the one and only access
to the homes usually is not passable. He described the roads and
stated that the drainage is,there but culverts need to be unplugged
and the residents just need some assistance to get by until 1993.
Richard Mazza, 9495 22nd Street, told the Board that when his
wife was coming home from the grocery store her car flooded and she
fell down trying to walk home. He said when there was a fire at
his neighbor's house, he ran there, got some hoses and 5 -gallon
buckets and put out the fire before the firemen arrived. Even then
the fire department could bring in only one small fire truck. The
other fire truck could not make it in. Mr. Mazza urged the Board
to repair the main road that accesses the homes.
33
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JUN 16 1992
FF'- 7
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BOOK �'AIJE
Commissioner Bird led discussion regarding minimum
improvements to this road which would assist the residents while
they are awaiting the anticipated petition paving project.
Director Davis was concerned that if the County begins an
effort to improve and maintain roads which have not been maintained
for 20 years, they must be repaired to county standards rather than
just fill a hole here or there, because otherwise we would be
subject to some liability there.
County Attorney Vitunac advised that presently these roads are
private roads which the County is not responsible for, and if we go
in and do repairs below standard we will be liable for accidents or
lack of entrance. Some of these roads are just trails. These
people have been living with these conditions for four or five
years and if they could wait one more year it will be done
correctly.
Discussion ensued regarding the $25,000, and Commissioner Bird
felt it should be applied uniformly throughout the subdivision
because it is not fair to give it all to eight people.
Administrator Chandler reminded the Board that this issue has
been before the Board many times where we have a large undeveloped
area with only a sprinkling of houses and we follow certain
criteria to determine if we will grade those areas.
Commissioner Bowman pointed out that the problem is if we do
minimal repairs, it gets beat up quickly. There is a large amount
of maintenance on unpaved roads and we cannot afford to do it all.
Commissioner Bird explained to the residents of Vero Tropical
Gardens that even though their request sounds simple and easy to
fix, we have hundreds of miles of unpaved county roads that are not
maintained. We could not do even minimum maintenance on these
roads while we refuse to do the same for other people.
Commissioner Scurlock felt this situation is different in that
the developer conveyed money to the County, and therefore we would
not be setting a precedent.
Mr. Neal asked whether the residents could do the repairs, and
Director Davis responded that there is an ability for any company
or property owner to ask for a right-of-way permit to work in the
County right-of-way as long as the work is done to an appropriate
standard.
Bill Koolage, 11 Vista Gardens Trail, thought that the County
picked up a certain liability through having issued building
permits with no rights-of-way and no road construction.
County Attorney Vitunac explained that these are legal roads
on paper, dedicated to the public whenever the public wants to
accept them. The public has chosen not to accept these roads
34
r
because we have a policy of not accepting roads with trees growing
in the middle of them because there is no source of funds to fix
them. According to our code these homes have access. There is a
properly sized street right up to their lots which has not been
accepted by the County.
ChairmanEggert assumed that the County sued on the
performance bond to cover the infrastructure, and Commissioner
Scurlock agreed and felt that action put some responsibility on the
County to made the necessary improvements. He felt it would be
right to approve some amount of money to make temporary repairs and
proceed with the special assessment for paving and drainage.
Commissioner Bird agreed but felt the repairs should be done
minimally, at a minimum cost, only in the low areas, and we should
not go in and resurface the entire road.
Commissioner Bowman pointed out that without proper drainage
it is not going to hold.
Commissioner Bird conceded that point, but he felt that we
have more of a liability problem if emergency vehicles cannot get
to the homes.
Administrator Chandler clarified that this would be unique and
not precedent -setting because we accepted a performance bond.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wheeler, the Board unanimously
authorized staff to use their discretion and spend a
small but adequate amount of money to put 26th
Street, 94th Court and 94th Drive in a passable
condition, because this situation is unique and not
precedent -setting since we accepted money in the
past.
SOUTH COUNTY REGIONAL PARR CHANGE ORDER NO. 4
The Board reviewed memo from County Engineer Roger Cain dated
June 5, 1992:
35
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director
FROM: Roger D. Cain, P.E.
County Engineer
SUBJECT: South County Regional Park
IRC Project No. 8716
Change Order No. 4
DATE: June 5, 1992
DESCRIPTION AND CONDITIONS
64
7
BOOK jj F'ri E 644
This change order and the final change order, finalizing out the
quantities, should be the final changes to the South County
Regional Park. The addition to the restroom cost is a result of
our experience at Golden Sands with access to the interior being
gained by unauthorized persons due to the lack of a barrier wallin
the roof area over the entrance doors. This represents a,design
change in the amount of $1,724.68.
Fencing was at the request of the Parks & Recreation Department.
The drywell for the water fountains is also a design change to
provide neater water fountain areas.
The installation of 50 Lineal Feet of 2" PVC conduit is an after
the fact change necessitated by Southern Bell's desire to run phone
lines around the ballfields and under the sidewalk rather than to
the center of the fields. This was done under authority of the
contingency funds approved with the award of the contract so as not
to delay the contractor.
Current Contract with Hunley-Hubbard
Including Change Order No. 3 $717,604.20
Change Order No. 4 with Hunley-Hubbard 10.138.68
New Total for Hunley-Hubbard Contract
if Change Order No. 4 is approved $727,742.88
ALTERNATIVES AND ANALYSIS
Alternative No. 1 - Approve Change Order No. 4 in the amount of
$10,138.68.
Alternative No. 2 - Do not approve Change Order No. 4.
RECOMMENDATIONAND FUNDING
Staff recommends Alternative No. 1, with funding coming from
Account No. 001-210-572-066.51, for the South County Regional Park.
36
� � r
Public Works Director Jim Davis commended County Engineer Cain
and his staff as well as the contractor for a wonderful job, and he
invited the Commissioners to go out there and see our beautiful new
park.
Commissioner Bowman pointed out that she has seen children
using water fountains for water fights and asked whether the water
fountains could be equipped with spring-loaded fixtures to help
discourage that activity. Director Davis responded that he would
see if that type of item is available in the specified fixtures.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously approved
change order No. 4 to the contract with Hunley-
Hubbard for the South County Regional Park in the
amount of $10,138.68, as recommended by staff.
CHANGE ORDER NO. 4
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
PETITION FOR COUNTY TO RESURFACE AND REPAIR 53RD AVENUE SOUTH OF
16TH STREET BY SPECIAL ASSESSMENT
The Board reviewed memo from Public Works Director Jim Davis
dated May 29, 1992:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Director
SUBJECT: Petition for County to Resurface and Repair 53th
Avenue South of 16th Street by Special Assessment
DATE: May 29, 1992
DESCRIPTION AND CONDITIONS
FILE: 53ay.agn
Thirteen of fourteen property owners within the privately
dedicated Sundowners Subdivision (located west of 43rd Avenue
South of 16th Street) are petitioning the County to repair and
resurface the private road known as 53rd Avenue. The length of
the existing paved road is approximately 1500 lf. Portions of
the road are in need of base repair and the entire approximate 20'
wide road will be resurfaced. The property owners would pay loot
of the cost by special assessment within 90 days after completion
of the improvements. One property owner has not agreed to sign
the petition.
After the improvements are complete, the property owners will
request the County to assume maintenance and jurisdiction of the
right-of-way.
37
J U N 6 1982 F��,,t
jug ie 199 aoo��
ALTERNATIVES AND ANALYSIS
In reviewing this request, staff has the following concerns:
1) The existing private right-of-way along 53rd Avenue is only
30' wide along the first 1000' section, however a 10'
easement on each side of the road accommodates drainage
swales.
2) Grading and maintenance of the existing drainage system may
be required prior to acceptance by the County.
The alternatives are as follows:
Alternative No. 1
Authorize staff to pursue this project, develop a cost
estimate and assessment roll, and schedule a public hearing.
This project will be placed at the end of the existing
petition paving list and will be scheduled after earlier
projects are implemented.
Alternative No. 2
Deny the request.
RECOMMENDATIONS AND FUNDING
Alternative No. 1 is recommended.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Bird, the Board unanimously authorized
staff to pursue this project to resurface and repair
53rd Avenue south of 16th Street, as set out in
staff memo Alternative No. 1.
TAKEOVER AND OPERATION OF THOMPSON ELEMENTARY WASTEWATER PLANT AND
SEBASTIAN MIDDLE SCHOOL WATER PLANT PRIOR TO CONNECTION TO COUNTY
SYSTEM
The Board reviewed memo from Utility Services birector Terry
Pinto dated June 5, 1992:
38
DATE: JUNE 51 1992
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PI
DIRECTOR OF UTILITY �RVICES
PREPARED -HARRY E. ASHE
AND STAFFED ASSISTANT DIRE R OF UTILITY SERVICES
BY:
SUBJECT: TAKEOVER AND OPERATION OF THOMPSON-ET 'ARY WASTE-
WATER PLANT AND SEBASTIAN MIDDLE SCHOOL WATER PLANT
PRIOR TO CONNECTION TO COUNTY SYSTEM AS SET FORTH IN
JANUARY 29, 1991 AGREEMENT
BACKGROUND
On January 29, 1991, the Board of County Commissioners approved an
agreement between the Indian River County School Board and Indian
River County for the connection to County water and sewer service
and payment of capacity charges for the facilities to be served
(copy attached). The Department has moved aggressively to complete
the services requested under the agreement.
ANALYSIS
The status of the projects set forth in the agreement are as
follows:
Status
Item 1 Connection of Citrus Elementary Complete
to water
Item 2 Connection of Thompson Elementary Project to serve
to wastewater area under design
Item 3 Connection of Sebastian Elementary Complete
to wastewater service
Item 4 Connection of Wabasso Special School Under contract
to wastewater service for construction
Item 5 Connection of Middle Six and Seven Projected within
to wastewater service - payment of 60 days
fees
Reservation agreement for Sebastian Middle School and Sebastian High
School
Item 1 Payment of water and sewer capacity Fees paid in full
fees - $234,960.00
* Projects to serve both water and wastewater to these facilities
are designed and submitted for permitting.
In discussions with School Board staff, it was proposed that the
Department take over the operation of the Thompson Elementary School
wastewater plant and the Sebastian Middle School water plant. Upon
the Department's taking over the operation of the plants, the
facilities would become customers of the County subject to the
County's uniform rates. Use of the elevated water tank at the
Sebastian Middle School would benefit the County until the new North
County Water Tower is constructed. At the time the facilities are
no longer utilized by the County, they will revert to the Indian
River County School Board for surplus. The Department of Utility
Services believes this arrangement will benefit both entities. The
proposal was presented to the Indian River County School Board at
its May 26, 1992, School Board meeting and was approved.
39
JUN 16 1992
4m
I
ma 8 a :4
FH..�E
REC RIMMM DATION
The Department of Utility Services recommends the Board of County
Commissioners approve the Department's takeover and operation of the
above -referenced plants until the facilities are connected to the
County system, at which time the plants will revert back to the
Indian River County School'Board.
MOTION WAS MADE by Commissioner Bowman, SECONDED by
Commissioner Bird, to authorize the Utilities
Department to take over and operate the water and
wastewater facilities listed in staff memo until the
facilities are connected to the county system, `'-,At
which time the facilities would revert to the School
Board for surplus, as recommended by staff.
Under discussion, Commissioner Scurlock asked whether we are
indemnified for failure of the water system.
Director Pinto responded in the negative, but thought the
facilities are adequate to protect us. He pointed out that, for
instance, in Sebastian they are using bottled water. He further
advised that we will have county water to those schools within this
year.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
WATER SERVICE IN COURTSIDE SUBDIVISION (38TH SQUARE S.W., NORTH OFF
STH STREET S.W.
The Board reviewed memo from Utility Services Director Terry
Pinto dated June 3, 1992:
40
DATE: JUNE 3, 1992
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTIL SERVICES
PREPARED JAMES D. CHASTA
AND STAFFED MANAGER OF ASS S PROJECTS
BY: DEPARTMENT OF U LIT
SERVICES
SUBJECT: WATER SERVICE IN COURTSIDE SUBDIVISION
(38TH SQUARE, SW - NORTH OFF 5TH STREET, SW)
INDIAN RIVER COUNTY PROJECT NO. UW -92 -02 -DS
RESOLUTIONS I AND II
BACKGROUND
On November 19, 1991, the Indian River County Board of County
Commissioners approved the petition for water service for Courtside
Subdivision/38th Square, SW. Design service has been completed by
the Department of Utility Services staff. We are now ready to begin
the assessment process associated with this project. (See attached
agenda item and minutes.)
ANALYSIS
Attached are Resolutions I and II for the assessment project. The
total estimated construction cost, including engineering and
administration of the project is $64,365.00, which is the total
estimated cost to be assessed. The cost per square foot is
$0.10326421778, and the project will serve 29 properties on 38th
Square.
Twelve of the twenty-nine lots in this project are substandard or
"undersized," according to Indian River County's Comprehensive Plan
and the County Public Health Unit, Division of Environmental Health,
which require that new lots utilizing well and septic systems be a
minimum of one-half acre. Lots not meeting these minimum standards
are called "undersized lots.,,
The attached map displays
project.
RECOATION
the area to benefit from the assessment
The staff of the Department of Utility'Services recommends that the
Board of County Commissioners approve the attached Resolutions and
set the assessment hearing date.
41
BOOK 6,19
JUN i CIA2
_I
BOOK' FAGE;�
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously adopted
Resolution 92-84 providing for water service to
Courtside Subdivision (38th Square S.W.), as
recommended by staff.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously adopted
Resolution 92-85 setting 9:05 a.m. on Tuesday, July
7, 1992, as the time and place at which the owners
of properties located in Courtside Subdivision (38th
Square S.W.) may appear before the Board of County
Commissioners and be heard as to the propriety and
advisability of constructing a waterline extension.,.
as recommended by staff.
RESOLUTION NO. 92- 84
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, PROVIDING FOR WATER SERVICE TO
COURTSIDE SUBDIVISION - 38TH SQUARE, SW;
PROVIDING THE TOTAL ESTIMATED COST,
METHOD OF PAYMENT OF ASSESSMENTS, NUMBER
OF ANNUAL INSTALLMENTS, AND LEGAL
DESCRIPTION OF THE AREA SPECIFICALLY
SERVED.
WHEREAS, the Board of County Commissioners of Indian River
County has determined that the improvements herein described are
necessary to promote the public welfare of the county and has deter-
mined to defray the cost thereof by special assessments against certain
properties located in the area of Courtside Subdivision, 38th Square,
SW, to be serviced by a waterline of Indian River County in a project
hereinafter referred to as Project No. UW -92 -02 -DS;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The County does hereby determine that a waterline shall be
installed to serve 29 properties in Courtside Subdivision, 38th
Square, SW, and the cost thereof shall be specially assessed in
accordance with the provisions of Sections 11-41 through 11-47 of
the Code of Laws and Ordinances of Indian River County.
42
2. The total estimated project assessment cost of the above-described
improvements is shown to be $0.10326421778 per square foot to be
paid by the property specially benefited as shown on the
assessment plat on file with the Department of Utility Services.
3. A special assessment in the amount of $0.10326421778 per square
foot shall be assessed against each of the properties designated on
the assessment plat. This assessment may be raised or lowered by
action of the Board of County Commissioners after the public
hearing, at the same meeting, as required by the referenced
County Code.
4. The special assessments shall be due and payable and may be paid
in full within 90 days after the date of the resolution of the Board
with respect
to credits against
the
special assessments after
completion of
the improvements
(the
"Credit Date") without
interest.
If not
paid
in full, the
special assessments may be paid in
ten
equal
yearly
installments
of principal plus interest. If not
paid
when
due,
there shall
be added a penalty of 1-1/2% of
the
principal not paid when due.
The
unpaid
balance of
the
special
assessments shall bear interest
at a
rate of
9-3/4$ from
the
Credit
Date until paid.
5. There is presently on file with the Department of Utility Services a
plat showing the area to be assessed, plans and specifications, and
an estimate of the cost of the proposed improvements. All of these
are open to inspection by the public at the Department of Utility
Services.
6. An assessment roll with respect to the special assessments shall
promptly be prepared in connection with the special assessments.
7. Upon the adoption of this resolution, the Indian River County
Utility Services Department shall cause this resolution to be pub-
lished at least one time in the Vero Beach Press Journal before the
public hearing required by Section 11-46.
43
GOOK bal
JUN 161992
FROOK [Au 652
The resolution was moved for adoption by Commissioner
S c u r 1 oc Fend the motion was seconded by Commissioner Bird
and, upon being put to a vote, the vote was as follows:
Chairman Carolyn K. Eggert Aye
Vice Chairman Margaret C. Bowman Aye
Commissioner Don C. Scurlock, Jr. Aye
Commissioner Richard N. Bird Aye
Commissioner Gary C. Wheeler Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 16 day of June , 1992.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
C olyn K .
Chairman
RESOLUTION NO. 92-85
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, SETTING A TIME AND PLACE AT WHICH
THE OWNERS OF PROPERTIES LOCATED IN
COURTSIDE SUBDIVISION - 38TH SQUARE, SW,
MAY APPEAR BEFORE THE BOARD OF COUNTY
COMMISSIONERS AND BE HEARD AS TO THE
PROPRIETY AND ADVISABILITY OF CONSTRUC-
TING A WATERLINE EXTENSION, AS TO THE COST
THEREOF, AS TO THE MANNER OF PAYMENT
THEREFOR, AND AS TO THE AMOUNT THEREOF
TO BE SPECIALLY ASSESSED AGAINST EACH
PROPERTY BENEFITED THEREBY.
WHEREAS, the Board of County Commissioners of Indian River
County has, by Resolution No. 92-84 , determined that it is
necessary for the public welfare of the citizens of the county, and
particularly as to those living, working, and owning property within
the area described hereafter, that a waterline be installed to serve 29
properties in Courtside Subdivision, 38th Square, SW, hereinafter
described; and
WHEREAS, it has been determined that the cost to be specially
assessed with respect thereto shall be $0.10326421778 per square foot;
and
44
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WHEREAS, the Board of County Commissioners has caused an
assessment; roll to be completed and filed with the Clerk to the Board;
and
WHEREAS, Section 11-46, Indian River County Code, requires that
the Board of County Commissioners shall fix a time and place at which
the owners of the properties to be assessed or any other persons
interested therein
may appear
before the
Board of County
Commissioners and
be heard as to
the propriety
and advisability of
constructing
such water
main extension,
as
to the cost
thereof,
as
to
the manner
of payment
therefor, and as
to
the amount
thereof
to
be
assessed against each property benefited thereby,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
I. The County Commission shall meet at the County Commission
Chambers in the County Administration Building at the hour of
9:05 a.m. on Tuesday, July 7, 1992, 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 properties to be
specially benefited
are
more particularly
described
upon the
assessment plat and
the
assessment roll with
regard to
the special
assessments.
2. All persons interested in the construction of said improvements and
the special assessments against the properties to be specially
benefited may review the assessment plat showing the area to be
assessed, the assessment roll, the plans and specifications for said
improvements, and an estimate of the cost thereof at the office of
the Department of Utility Services any week day from 8:30 a.m.
until 5:00 p.m.
JUN 161992
45
'OOK �� Phut �c7
3. Notice of the time and place
of this
public
hearing shall
be
given
by two publications in the
Press
Journal
Newspaper
one
week
apart. The last publication shall be at least one week prior to the
date of the hearing. The Indian River County Department of
Utility Services shall give the owner of each property to be
specially assessed at least ten days notice in writing of such time
and place, which shall be served by mailing a copy of such notice
to each of such property owners at his last known address.
The resolution- was moved for adoption by '' Commissioner
Scurlock , and the motion was seconded by Commissioner Bird ,
and, upon being put to a vote, the vote was as follows:
Chairman Carolyn K. Eggert Aye
Vice Chairman Margaret C. Bowman Aye
Commissioner Don C. Scurlock, Jr. Aye
Commissioner Richard N. Bird Aye
Commissioner Gary C. Wheeler Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 16 day of
June
, 1992.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By r elIlfz
Ca yn K. Ert
C rman
GLENDALE TERRACE (24TH AVENUE) - WATER LINE EXTENSION FINAL PAY
REQUEST
The Board reviewed memo from Utility Services Director Terry
Pinto dated June 4, 1992:
46
DATE: JUNE 4, 1992
FA
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINT
DIRECTOR TIL SERVICES
PREPARED H. D. itAND STAFFED ENVIRONMENTAL ENGINEER
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: GLENDALE TERRACE (24TH AVENUE) WATER LINE EXTENSION
FINAL PAY REQUEST
INDIAN RIVER COUNTY PROJECT NO. UW -91 -24 -DS
BACKGROUND
The subject project for construction of a water main to service
residents of Glendale Terrace has been completed. The installation
has been accepted by the Department of Utility Services, and proper
certification has been provided to the Department of Environmental
Regulation.
ANALYSIS
On December 3, 1991, the Board of County Commissioners approved
funding of $29,241.00, for this project, and the contractor is now
requesting final payment. The contractor's final cost totaled'
$24,462.14. The contractor has previously been paid $21,951.13; the
amount due is $2,511.01. .
RECOMMENDATION
The staff of the Department of Utility Services recommends approval
of the attached request for payment in the amount of $2,511.01 for
services rendered.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Bird, the Board unanimously approved
request for final payment from Driveways, Inc., in
the amount of $2,511.01, as recommended by staff.
FINAL PAY REQUEST
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
r'b7
JUN
FF -
F' V '1992
50TH COURT WATER MAIN EXTENSION
The Board reviewed memo from Utility Services Director Terry
Pinto dated June 8, 1992:
DATE:
TO:
FROM:
STAFFED AND
PREPARED BY:
SUBJECT:
BACKGROUND:
JUNE 8, 1992
JAMES E. CHANDLER
COUNTY ADMINISTRATOR
TERRANCE G. PI �
DIRECTOR OF -VT I SERVICES
H. D. "D�OSTE`A, P. E.
ENVIRONMENTAL ENGINEER
DEPARTMENT OF UTILITY SERVICES
50TH COURT WATER MAIN EXTENSION
IRC PROJECT NO. UW -90 -24 -DS
The subject project was approved by the Board of County
Commissioners on August 6, 1991, at a total cost of $36,777.00. The
contract was awarded to A.O.B. Underground, Inc., in the amount of
$26,193.64. The attached change order in the amount of $2,648.82 is
for additional driveway restoration not anticipated, for one
additional fitting, and for two single services in lieu of one
double service. The total contract cost will be $28,405.81.
ANALYSIS:
AllCounty requirements have been met, and Department of
Environmental Regulation clearance has been received. The
Contractor is now requesting final payment. He has previously been
paid $22,162.10.
RECOMMENDATION:
The Department of Utility Services recommends approval of the
attached change order and approval of the final pay request in the
amount of $6,243.71, as payment in full.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Bird, the Board unanimously approved
the change order and final pay request to A.O.B.
Underground, Inc., in the amount of $6,243.71, as
recommended by staff.
CHANGE ORDER AND FINAL PAY REQUEST
ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD
48
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L�
ROCKRIDGE WATER LINE REPLACEMENT
The Board reviewed memo from Utility Services Director Terry
Pinto dated June 8, 1992:
DATE: JUNE 81 1992
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF�UT3LI Y ERVICES
STAFFED AND '
PREPARED BY: H. D. "DUK OSTER, P. .
ENVIRONMENTAL ENGINEER
DEPARTMENT OF UTILITY SERVICES
SUBJECT: ROCKRIDGE WATER LINE REPLACEMENT
IRC PROJECT NO. UW -91 -22 -DS
BACKGROUND:
The subject project has been completed, and the Contractor,
Driveways, Inc., is now requesting final payment.
This was a "labor only" project to replace deteriorated water lines
in the Rockridge Subdivision, and was approved by the Board of
County Commissioners on October 15, 1991, at a contract price of
$108,890.77. Although an estimate of the overall necessary repair
was made 'at the project onset, this was adjusted through field
determinations. The change orders reflect these field
determinations.
ANALYSIS:
Change Order No. 1 was approved by the Board of County Commissioners
on February 25, 1992, and revised to cost upward to $128,666.77.
Change Order No. 2 (attached) is requesting $2,256.57 for additional
work as required by field determinations. This brings the total
labor cost to $130,923.34. The contractor has previously been paid
$108,067.31, and is requesting final pay in the amount of
$22,856.03.
RECOMMENDATION:
The Department of Utility Services recommends approval of Change
Order No. 2, and approval of the Final Request for Payment in the
amount of $22,856.03 as payment in full for services rendered.
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Bird, the Board unanimously approved
Change Order No. 2 and final pay request in the
amount of $22,856.03 to Driveways, Inc., as
recommended by.staff.
CHANGE ORDER AND FINAL PAY REQUEST
ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD
49
1JUN -mq
r
JUN W992
�ooK 6 FAA
SOUTH COUNTY REVERSE 08MOSI8 PLANT EXPANSION,PHASE 1—,—FINAL PAY
REQUEST
The Board reviewed memo from Utility Services Director Terry
Pinto dated June 2, 1992:
DATE: JUNE 2, 1992
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILITY SERVICES
PREPARED WILLIAM F=OFUTILITY
N
AND STAFFED CAPIT ENGINEER
BY: DEPAR SERVICES
SUBJECT: SOUTH COUNTY R.O. PLANT EXPANSION, PHASE I
FINAL PAY REQUEST
INDIAN RIVER COUNTY PROJECT NO. UW -89 -07 -WC
BACKGROUND
On June 6, 1990, the Indian River County Board of County
Commissioners awarded the South County Water Plan Expansion, Phase I
contract to Inscho-Kirlin. The contract award was in the amount of
$3,210,000.00. Substantial completion was to be arrived at in 245
days, with final completion up to one year later. Final completion
has now been achieved, and we are requesting that approval be given
for final payment to the contractor.
ANALYSIS
The Board of County Commissioners previously approved two change
orders to the contract (see attached change orders and approved BCC
minutes). The final contract amount as a result of these change
orders is $3,207,097.00. This equates to a contract reduction of
.01%. The final pay request is in the amount of $62,429.88 and is
attached. All associated release of liens and warranties (already
in effect since substantial completion) are on file in the Utilities
Department.
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve the final pay request to
Inscho-Kirlin in the amount of $62,429.88.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Scurlock, the Board unanimously
approved the final pay request to Inscho-Kirlin in
the amount of $62,429.88, as recommended by staff.
COPY OF FINAL PAY REQUEST
IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
50
L�
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REQUEST BY VISIONS FOR THE FUTURE FOR APPOINTMENT OF COUNTY LIAISON
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously appointed
Commissioner Bird to represent county government at
visions For The Future meetings.
There being no further business, on Motion duly made, seconded
and carried, the Board adjourned at 12:24 o'clock P. M.
ATTEST:
J. K. Barton, Clerk
51
JUN
Caroly,h K. Eggdft; Chairman
a(lnK 9 FPU bJ�A