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HomeMy WebLinkAbout2/23/1993= MINUTE9111 TTf1CHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA REGULAR MEETING TUESDAY, FEBRUARY 23, 1993 9:00 A.M. - COUNTY COMMISSION CHAMBER COUNTY ADMINISTRATION BUILDING 1840 25TH STREET VERO BEACH, FLORIDA COUNTY COMMISSIONERS Richard. N. Bird, Chairman (Dist. 5) John W. Tippin, Vice Chairman ( Dist. 4) Fran B. Adams ( Dist. 1) Carolyn K. Eggert ( Dist. 2 ) Kenneth R. Macht (Dist. 3) 9: 00 A. M. 1. CALL TO ORDER James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to the Board 2. INVOCATION - None 3. PLEDGE OF ALLEGIANCE - Comm. Fran B. Adams 4. ADDITIONS TO THE AGENDA/ EMERGENCY ITEMS Item 11-D'was moved up under Item•5. 1) Added as item 13-A-1, Pilot Club request re increasing priorities for improvements to SR -60. 2) As item 13-A-2, appointments to new Firearms Range Committee. 3) As Item 11-G-4, an update on building bicycle paths. 4) As Item 13-E-1, discussion re opposition to proposed legislation that would impose state prisoner costs on counties. 5. PROCLAMATION AND PRESENTATIONS Award Presented to Carolyn E. Eggert by Polly Crowell for her Assistance and Support of the Americans with Disabilities Act 6. APPROVAL OF MINUTES Regular Meeting of January 19, 1993 7. CONSENT AGENDA A. St. Johns River Water Management District Annual Financial Audit for FY 1991-92 B. Report and Annual Financial Report on Units of Local Government for 1992, Delta Farms Water Control District, Audit C. Proclamation Designating March 9, 1993 as Community Fitness Day 1 D. Proclamation Designating Feb. 27 E 28, 1993 as "Go Dodger Days" in Indian River County 2 E. Appointment of Charlie Schoonver as alternate for Deborah Mayfield on the Affordable Housing Advisory Committee ( memorandum dated February 9, 1993) 3 L_FE 25 1993 BOOK 88 F,�GE 87i� r FEB � 1993 BOOK 8� FacE 815 8. 9:05 a. m. 9. 7. CONSENT AGENDA (cont'd.) F. Request for Authorization for Chairman to Execute MPO Interlocal Agreement ( memorandum dated February 15, 1993 ) G. Award Bid #3063 / Shop Air Compressor ( memorandum dated February 15, 1993 ) H. Award Bid #3062 / Water Expansion Phase II Contract E ( memorandum dated February 12, 1993 ) I. Award Bid #3058 / Water Expansion Plan Ph. 11 Contract A ( memorandum dated February 12, 1993 ) J. Award Bid #3054 / South County Wells ( memorandum dated February 11, 1993 ) K. Award Bid #3053 / Rousseau River Shores Lift Station ( memorandum dated February 10, 1993 ) L. Standardize Power Assisted Door Openers Installed in County Buildings ( memorandum dated February 15, 1993 ) M. Right -of -Way Acquisition; 58th Ave., Mixell Property ( memorandum dated February 12, 1993 ) N. A Resolution of Formal acceptance of Utility Easements - Pinewood Lane / 31st Ave., SW ( memorandum dated February 11, 1993 ) O. Cancellation of Taxes on Certain Property Acquired by Indian River County ( memorandum dated February 16, 1993 ) P. An Ordinance Amending Chapter 207 Licensing E License Tax to Reduce Certain Taxes So That They Shall Be Uniform Throughout the Class Request for Public Hearing Date ( memorandum dated February 10, 1993 ) Q. Purchase Authorization; 45th St. R -O -W Acquisition; Seligson Parcel, I.R. Blvd., Phase IV ( memorandum dated February 11, 1993 ) CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES Clerk of the Circuit Court: Receipt of Certificate of Achievement ( memorandum dated February 11, 1993 ) PUBLIC ITEMS A. PUBLIC DISCUSSION ITEMS TCI Cable Presentation Re: Cablevision Rates (no backup provided) ® M M 9. PUBLIC ITEMS (cont'd. ): B. PUBLIC HEARINGS 1. Riverside Church Assembly of God's Request for Special Exception Use Approval for an Expansion to a Place of Worship ( memorandum dated February 10, 1993 ) 2. Water Service in Pinewood Lane / 31st Ave., S.W. - Resolution III ( memorandum dated February 11, 1993 ) 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. COMMUNITY DEVELOPMENT None B. EMERGENCY SERVICES None C. GENERAL SERVICES None D. LEISURE SERVICES Invitation from Rec. Dept. to Attend the "7th Inning Stretch" event ( memorandum dated February 17, 1993 E. OFFICE OF MANAGEMENT AND BUDGET None F. PERSONNEL None G. PUBLIC WORKS 1. Resolution Approving the Submittal of a Grant Application Under the State of Florida FY 1994/95 Beach Erosion Control Assistance Program ( memorandum dated February 12, 1993 ) 2. Indian River Blvd., Ph. IV 41st Street Right -of -Way Acquisition ( memorandum dated February 12, 1993 ) 3. Intergovernmental Agreement for Donald MacDonald Park with Division of Forestry ( memorandum dated February 12, 1993 ) H. UTILITIES None 12. COUNTY ATTORNEY None FEB 23 1993 BOOK 88 pnE 876 FEB 23 1993 13. COMMISSIONERS ITEMS A. CHAIRMAN RICHARD N. BIRD B. VICE CHAIRMAN JOHN W. TIPPIN C. COMMISSIONER FRAN B. ADAMS D. COMMISSIONER CAROLYN K. EGGERT E. COMMISSIONER KENNETH R. MRCHT 14. SPECIAL DISTRICTS A. EMERGENCY SERVICES DISTRICT None B. SOLID WASTE DISPOSAL DISTRICT 1. Approval of Minutes - Meeting 1/12/93 2. Construction E Demolition Debris Engineering Services for Permit Application ( memorandum dated February 15, 1993 ) 3. Award Bid #3057 / Mobile Yard Ramp ( memorandum dated February 15, 1993 ) 15. ADJOURNMENT BOOK 88 PA.877 z 145 - 154 155 - 161 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. ANYONE WHO NEEDS A SPEC.IA�I. ACCOMMODATION FOR THIS MEETING MAY CONTACT THE COUNTY'S -AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 567-8000 X 408 AT LEAST 48 HOURS IN ADVANCE OF MEETING. February 23, 1993 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, February 23, 1993 at 9:00 o'clock A.M. Present were Richard N. Bird, Chairman; John W. Tippin, Vice Chairman; Fran B. Adams; Carolyn K. Eggert; and Kenneth R. Macht. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and Barbara Bonnah, Deputy Clerk. The Chairman called the meeting to order, and Commissioner Adams led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Bird requested that Item 11-D be moved up under Item 5, Proclamations and Presentations, and also requested the following additions: 1) As Item 13-A-1, request from the Pilot Club for Commissioner Bird to meet with DOT officials while in Tallahassee to discuss increasing the priority for improvements to SR -60. 2) As Item 13-A-2, Firearms'*Range Committee appointments to new Firearms Range Committee. 3) As Item 11-G-4, an update on building bicycle paths. Commissioner Macht requested the addition under his matters of a letter from the State Attorney regarding opposition to proposed legislation that would impose state prisoner costs on counties. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously moved forward and added the items listed above. PROCLAMATIONS AND PRESENTATIONS Award Presented to Commissioner Carolyn E. Eggert for her Assistance and Support of the Americans with Disabilities Act Polly Crowell and Neil Duval presented to Commissioner Carolyn Eggert the Community Leadership Award from the Citizens for A FEB 2 1993 SOCK Fr�V, 878 FEB 23 1993 BOOK 88 pj, S79-7 Barrier Free Community, Inc. in appreciation of her assistance and support of the Americans with Disabilities Act. Commissioner Eggert accepted the award with great appreciation and expressed her regret at not being able to attend the 2nd -Annual Barrier Awards Banquet held on February 19, 1993. Invitation from Recreation Dept. to Attend the 117th Inning Stretch Event The Board reviewed the following memo dated 2/17/93: TO: JIM CBMLER, CDLW Y AMIBISTRMR FAM: P.J. wiiMcMAGER OF LBISURE P$067tAMS. 2WCRRATIM ORPT. DM: FEWMARY 17, 1993 RB: ADDMON TO CONUSSION AGMMA VM FFM. 23, 1993 IWITATION TO VIP COMUT OWFICIALS TO A== TBE VUM DBAWUW7d8 RIVER COOIUT RECREAT TM DEPAR2MM I s Om IImm S'I nar ON 81u1TB ux, FEB. 27TH. 10 A.M. TO 6 P.M., AT LSISM MoMn. TBE "7TH Z8E6 STRETCH" TR tR cmu rocriON im= ~QO DODan BLulr WMM, A y1Wj1tCT AF TRW. CHAMM OF CONNEM. Laura Lane and Rob Slecak of the Vero Beach/Indian River County Recreation Department enthusiastically described the various events and activities that will take place in conjunction with the 117th Inning Stretch" and "Go Dodger Blue" Weekend, and invited the Commissioners and the public to attend the festivities planned for February 27 and 28, 1993. APPROVAL OF MINUTES The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of January 19, 1993. There were none. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved the Minutes of the -'Regular Meeting of 1/19/93, as approved. 2 CONSENT AGENDA _i--- _ Chairman Bird requested that Item Q be removed from today's Consent Agenda and brought back at a later date after further study by staff. A. & B. Reports Accepted and filed in the Office of the Clerk to the Board: St. Johns River Water Management District Annual Financial Audit for FY 1991-92 Report and Annual Financial Report on Units of Local Government for 1992, Delta Farms Water Control District Audit. C. Proclamation Designating March 9. 1993 as Community Fitness Day P R O C I. A M A T I O N DESIGNATING MARCH 9, 1993 AS CO1MtUNITY FITNhtiti DAY WHEREAS, National Fitness Mcmth wi33 be (:e3.0122'ated in March of this year; and WHERFAS, the health and fitneaa of. the 2enidet+ts of our community are qualities that lrern.eate and effect every other aspect of our daily business, most iml.ortant:ly attitude and self esteems and WHEREAS, health and. fit.neas arP hal.its ;:hat: ale taught to cur children at the elementary school levelI-slid WHEREAS, the Citrus F.1emr2.t:ary School wi33 be thr site of a ccmmnn.ity celebration on Tuesday, March 9, 1993 commencing at 9tls +•.m. with e.l.e2.i2.g cr24-n4111irs) .Owl WHEREAS, an organs pad walk i s scheduled wilt -10.l a2 t i ri l.antt� of all ages wi11 he iuvitrd and 01-c0112r41gerd Ca "MARCH FOR FITNESS' on a 1.ersona1ized route from of+e quarter mile to two miles long in £runt of the school; and WHEREAS, the evening festivities will include displays by each grade level at Citrus Flcn.eutary Schao.l to demonstrate the fin and divezae activitit+s used by the school system to promote fitatesst NOW,, THEREFORE, HE IT PRM -14 IND HY 911Y. HOARD OF (:uUN9'Y COMMISSIONER; OF INDIAN RIVER COUNTY, FLORIDA that March 9, 3993 be designated as CONF-11VITY FITNESS DAY and the Dowd fulther 112gr14 ta.e shittaloa of Indian River County to l•artieil•atr with, slid suplw•zt Citrus F.3ement:ary School in this worthwhile endeavor. Adopted this 23 clay of February, 1993. 3 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA R ctard N. Bird, Chairman FEB 23 1993 BOOK 88 PA;E SS® r. -7 FEB 23 1993 BOOK 88 pn 8SI D. Proclamation Designating Feb 27 & 28 1993 as "Go Dodger Days" P R O C L A M A T I O N DESIGNATING FEBRUARY 27 and 28, 1993 AS."GO DODGER DAYS" IDT INDIAN RIVER COUNTY, FLORIDA WHEREAS, the Los Angeles Dodgers have been holding their spring training in Vero Beach and Indian River County since 1948; and WHEREAS, approximately $25 million dollars is generated into the local economy annually by the Los Angeles Dodgers; and WHEREAS, the Los Angeles Dodgers have proven to be good community neighbors by their participation and support of local programs and events including the United Way of Indian River County; and WHEREAS, the former Clemans Elementary School was adopted by the Los Angeles Dodgers and renamed Dodgertown Elementary with the Los Angeles Dodgers supporting activities and renovations at the school: NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSION OF INDIAN RIVER COUNTY that the weekend of February 27 and 28 be -designated as GO DODGER DAYS in Indian River County. The Board further urges the citizens of Indian River County to support the Los Angeles Dodgers in all their endeavors. Adopted this 23 day of February, 1993. 4 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA R chard DI. Airii, Chairman�r M M M E. Appointment of Alternate on Affordable Housing Committee The Board reviewed the following letter dated 2/9/93: OO 40CP 1�5 o$ � . Deborah -J. Mayfield Senior Vice President Residential Real Estate February 9, 1993 Ms. Carolyn Eggert Affordable Housing Advisory Committee 1840 25th Street Vero Beach, FL 32960 Dear Carolyn: Bamett Bank of The Treasure Coast 900 East Prima Vista Boulevard Port St. Lucie, Florlda 34952 407/305230 DISTRIBUTION LIST Co.,,im►ss,oners Administrator Attorney Personnel Public Works Community Dev. Utilities Financ Other This is to advise you that Charlie Schoonver will serve as my alternate when I am unavailable to attend our Affordable Housing meetings. Charlie will be attending our March 11, 1993 meeting as I will be out of town at that time. Please do not hesitate to call if you have any questions. Sincerely, OboOah J. ; Senior Vice 11 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously appointed Charlie Schoonver as alternate for Deborah Mayfield on the Affordable Housing Advisory Committee. I•i FE 2 3 9993 BOOK 88 PA,E SS2 �, BOOK O � FAU.� o FEB 9 3 F. Authorization for Chairman to Execute MPO Interlocal Agreement The Board reviewed the following memo dated 2/15/93: TO: James Chandler County Administrator FROM: Robert M. Keating, AICPAAlt Community Development Director DATE: February 15, 1993 SUBJECT: REQUEST FOR AUTHORIZATION FOR CHAIRMAN TO EXECUTE MPO INTERLOCAL AGREEMENT It is requested that the data herein presented be given forma]. consideration by the Board of County Commissioners at their regular meeting of February 23, 1993. DESCRIPTION & CONDITIONS: On June 16, 1992, the Board of County Commissioners adopted Resolution 92-83. That resolution not only indicated the Board's concurrence with the then -proposed apportionment plan for the Indian River County MPO; it also stated that the Board agreed in principle to enter into an interlocal agreement to formally create the MPO. "- Since adoption of the resolution, the Governor has accepted the apportionment plan, designated the MPO, and requested that the member local governments and the Florida Department of Transportation (FDOT) execute an interlocal agreement to formally establish the MPO. Recently, FDOT provided staff with fourteen originals of the proposed interlocal agreement. It is now necessary for the Board of County Commissioners to authorize the chairman to execute the referenced interlocal agreement. ALTERNATIVES & ANALYSIS: As structured, the interlocal agreement sets forth the parameters of the MPO. This not only includes the composition and responsibilities of the MPO; it also includes various requirements with which the MPO must comply. The overall purpose of the agreement is to establish the MPO's eligibility to receive federal funding and to initiate a comprehensive transportation planning process. With execution of this agreement, the MPO can receive funds and undertake its mandated activities. The attached agreement has been reviewed by planning staff and the county attorney's office. It is the opinion of both offices that the agreement, as structured, is adequate. RECOMMENDATION: Staff recommends that the Board of County Commissioners authorize the chairman to execute the MPO interlocal agreement. 6 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved the MPO Interlocal Agreement and authorized the Chairman's signature, as recommended by staff. EXECUTED AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD G. Award Bid #3063/Shop Air Compressor The Board reviewed the following memo dated 2/15/93: DATE: February 15, 1993 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator H.T. "Sonny" Dean, Director Department of General Servi A I FROM: Fran Boynton Powell, Purchasing Manage SUBJ: Award Bid $3063/Shop,Air Compressor Fleet Management BACKGROUND INFORMATION Bid Opening Date: ,!-- February 3, 1993 Advertising Dates: January 20, 27, 1993 Specifications Mailed To: Twenty Seven (27) Vendors Replies: Twelve (12) Vendors VENDOR BID TAB VENDOR BID TAB Auto Supply $ 31895.00 Air Compressor $5,105.00 Vero Beach, FL Clearwater, FL RingPower Systems $ 4,139.00 Locke Well $5,800.95 Jacksonville, FL Orlando, FL Air Blast Equipment $ 4145.0.00 Mid F1 Pumps $7,328.00 Mobile, AL Melbourne, FL Vero Bearing & Bolt $ 41735.00 Service Ind $7,456.00 Vero Beach, FL West Palm Beach, FL Air Centers of F1 $ 41737.00 Faitella Ent $7,825.00 Orlando, FL Ft Pierce, FL Blanchard Machinery $ 4,935.00 Mills Compress $8,168.00 West Palm Beach, FL Mulberry FL TOTAL AMOUNT OF BID: $ 4,139.00 SOURCE OF FUNDS: Vehicle Maintenance Other Machinery and Equipment . VA FEB 2 3 1993 BOOK 88 Fry;C 884 BUDGETED AMOUNT: RECOMMENDATION: $ 6,000.00 BOOK 88 PAGE 8S5 , Staff recommends that the bid be awarded to Ring Power Systems as the lowest, most responsive and responsible bidder meeting specifications as set forth in the Invitation to Bid. The apparent low bidder, Auto Supply omitted the cost of a magnetic starter and three heaters from his bid which are required by the manufacturer in order to warranty the compressor motor. Vendor confirmed that his bid would have an additional cost of $254.90 making his total $4,149.00 in order to meet the specifications. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously awarded Bid #3063 to RingPower Systems in the amount of $4,139.00, as recommended by staff. H. Award Bid #3062/Water Expansion Phase II - Contract E The Board reviewed the following memo dated 2/12/93: --------------------------------------------------------- DATE: February 12, 1293 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator H.T. "Sonny" Dean, Director Department of General Servioep 7 FROM: Fran Boynton Powell, Purchasing Manage 4 SUBJ: Award Bid #3062/Water Expansion Phase II Contract E Utilities Department BACKGROUND INFORMATION: Bid Opening Date: Advertising Dates: Specifications Mailed to: Replies: Treasure Coast Contracting Vero Beach, FL Tri -Sure Auburndale, FL A.O.B. Underground Indiantown, FL Timothy Rose Enterprises Vero Beach, FL 8 January 20, 1993 Dec 23, 30, 1992, Jan 6 --j9ixty Six (66) Vendors Eight (8) Vendors BID TABULATION $'111,946.35 $133,692.67 $140,131.55 $156,018.00 P & C Construction Murdock, FL Speegle Construction Cocoa, FL JoBear Palm Bay, FL Hall Contracting St Petersburg, FL TOTAL AMOUNT -OF BID: $169,034.30 _Z— _ _ $177,000.00 $184,392.75 $189,326.23 $131,946.35 SOURCE OF FUNDS: Utilities General - Impact Fees BUDGETED AMOUNT: * $1,661,272.61 (The total amount budgeted includes all five contracts A-E). RECOMMENDATION: Staff recommends that the bid be awarded to Treasure Coast Contracting as the lowest, most responsive and 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. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously awarded Bid #3062/Water Expansion Phase II Contract E to Treasure Coast Contracting in the amount of $131,946.35 and approved the Agreement, as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD I. Award Bid #3058/Water Expansion Plan Phase II - Contract A The Board reviewed the following memo dated 2/12/93: --------------------------------------------------------- DATE: February 12, 1993 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Admin strator H.T. "Sonny" Dean, Director Department of General Services FROM: Fran Boynton Powell, Purchasing Manager SUBJ: Award Bid #3058/Water Expansion Plan Phase II Contract A UW -91 -14 -DS ------------------------------------------------- 9 �ooK F EB 3 1993 $$ F.,F $:� r FEB 231,991, BACKGROUND INFORMATION: Bid Opening Date: Advertising Dates: Specifications Mailed to: Replies: January 20, 1993 Dec 23, 30, 1992, Jan 6 Sixty 'Six (66) Vendors Six (6) Vendors VENDOR BID TAB VENDOR BID TAB A.O.B. Underground $275,150.654��P & C Const $307,572.00 Indiantown, FL Murdock, FL Speegle Const. $281,000.00 JoBear,Inc $312,967.65 Cocoa, FL Palm Bay, FL Tri -Sure Corp $289,769.20 Hall Cont. $343,781.74 Auburndale, FL St Petersburg, FL TOTAL AMOUNT OF BID: $275,150.65 SOURCE OF FUNDS: Utilities General - Impact Fees BUDGETED AMOUNT: * $1,661,272.61 (This is a total budgeted amount for all five contracts A-E). RECOMMENDATION: Staff recommends that the bid be awarded to A.O.B Underground as the lowest, most responsive and 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. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously awarded Bid #3058 to A.O.B. Underground in the amount of $275,150.65, and approved the Agreement as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD J. Award Bid 13054/South County Wells The Board reviewed the following memo dated 2/11/93: 10 --- ----------------------------------------------------- DATE: February 11, 1993 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator H.T. "Sonny" Dean, Director Department of General Servi f FROM: Fran Boynton Powell, Purchasing Manager SUBJ: Award Bid 13054/South County Wells Utilities Department BACKGROUND INFORMATION Bid Opening Date: Advertising Dates: Specifications Mailed To: Replies: VENDOR Drilling Services, Inc Ft Pierce, FL American Drilling Lutz, FL All Webb's Enterprises Jupiter, FL Layne -Atlantic Company Orlando, FL Diversified Drilling Tampa, FL Centech Utility Corporation Tampa, FL Youngquist Brothers Ft Myers, FL Meredith Corporation Orlando, FL TOTAL BID AMOUNT: ._January 27, 1993 December 15, 22, Jan 5 Six (6) Vendors Eight (8) Vendors BID TABULATION $ 95,191.50 $109,900.00 $126,710.00 $127,180.00 $131,176.00 ' $134,232.00 $169,190.00 $190,630.00 $ 95,191.50 SOURCE OF FUNDS: Utilities General - Impact Fees I BUDGETED AMOUNT: $166,000.00 RECOMMENDATION: Staff requests that the bid be awarded to Drilling Services', Inc., as the lowest, most responsive and responsible bidder meeting specifications asset forth in the Invitation to Bid. In addition, staff requests approval by the Board of the attached Agreement when all requirements are met and approved as to form by the County Attorney. 11 5 FEB 23 m3 900K 88 FA;F ��� Fp" - FEB 2 3 1993 BOOK ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the'Board unanimously awarded Bid #3054 to Drilling Services, Inc. in the amount of $95,191.50, and approved the agreement as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD K. Award Bid #3053/Rousseau River Shores Lift Station The Board reviewed the following memo dated 2/10/93: 88 P'Auq 8S9 -7 --------------------------------------------------------- DATE: February 10, 1993 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator H.T. "Sonny" Dean, Director 0.00# Department of General Services FROM: Fran Boynton Powell, Purchasing Manage SUBJ: Award Bid #3053/Rousseau River Shores Lift _. Station Utilities Department --------------------------------------------------------- BACKGROUND INFORMATION: Bid Opening Date: Advertising Dates: Specifications Mailed to: Replies: Treasure Coast Contracting Vero Beach, FL Mack Concrete Astatula, FL Kahn Builders Wabasso, FL Timothy Rose Enterprises Vero Beach, FL JoBear, Inc Palm Bay, FL Barton Construction Clewiston, FL P & C Construction Murdock, FL 12 -January 27, 1993 Dec 15, 22, 1992, Jan 5, 19 Twenty Five (25) Vendors Eight (8) Vendors BID TABULATION $ 39,445.50 $ 52,801.06 $ 52,849.50 $ 52,894.50 $ 58,867.00 $ 61,520.00 $ 701440.50 TLC Diversified West Palm Beach, FL TOTAL AMOUNT OF BID: $ 89,946.00 $ 39,445.50 SOURCE OF FUNDS: Utilities General - Impact Fees BUDGETED AMOUNT: RECOMMENDATION: $120,000.00 Staff recommends that the bid be awarded to Treasure Coast Contracting as the lowest, most responsive and 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. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously awarded Bid #3053 to Treasure Coast Contracting in the amount of $39,445.50, and approved the agreement as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 13 FEB 23 1993 BOOK 88 Fa,, � � FF - FEB 3 1993 BOOK 88 Far, -7 L. Standardization of Power -assisted Door Openers Installed in County Buildings The Board reviewed the following memos dated 2/15/93 and 2/22/93: DATE: February 15, 1993 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator H.T. "Sonny" Dean, Director of General ServicesAl FROM: Fran Boynton Powell, Purchasing Manage SUBJ: Standardize Power Assisted Door Openers Installed in County Buildings --------------------------------------------------------- BACKGROUND: Building and Grounds has submitted a request to standardize all power assisted door openers installed in County owned and operated buildings. This will allow for a minimum inventory of spare parts and uniform training on installation and repair with one particular manufacturer. The manufacturer selected is Horton Automatics because the operation of this equipment meets all criteria of the American Disabilities Act. The County has installed this type of power assisted door opener at the Main Library and has a good history of minimal required repair. RECOMMENDATION: Staff recommends that the County standardize future purchases of power assisted door openers to Horton Automatics and waive any bidding requirements. Automatic Entrances, located in Fort Lauderdale is the sole distributor for this equipment in the State of Florida. DATE: FEBRUARY 22, 1993 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: H.T. "SONNY" DEAN, DIRECTOR DEPARTMENT OF GENERAL SERVICES SUBJECT: STANDARDIZED POWER ASSISTED DOOR OPENERS CLARIFICATION MEMORANDUM - PAGES 69-71 AGENDA OF FEBRUARY 23, 1993 Staff obtained quotations from power assisted door opener companies ..____on the recent installed front doors of the County Administration 14 Building. The low quote was from Autdmatic Entrances by $101.00. This is the same brand door that was installed in the Main Library as depicted in the present agenda item. Seven doors have been targeted in our ADA transition report to receive power openers. It is estimated this equipment will cost approximately $12,500 using Automatic Entrances as the vendor and County personnel performing the installation work. The standardization of equipment will facilitate maintenance and stocking replacement parts. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously authorized staff to standardize future purchases of power assisted door openers to Horton Automatics, as set forth in the above staff recommendation. M. Right -of -Way Acquisition; 58th Avenue, Mixell Property The Board reviewed the following memo dated 2/12/93: TO: James E. Chandler County Administrator THROUGH: James W. Davis, P . Public Works Director and Roger D. Cain, P.E. / County Engineer / FROM: Donald G. Finney, SRA -1 County Right of Way Agent M .qr-. SUBJECT: Right -of -Way Acquisition; 58th Avenge, Mixell property DATE: February 12, 1993 Additional right-of-way is needed on the northeast corner of 58th Avenue and 33rd Street. The county would like to cut down and remove the Australian Pine trees at this location once the county has title to the property. The property owner has agreed to sell and has signed a For Sale And Purchase Contract for $4,500.00 for the 30'x 157' parcel. This equals $.95 per square foot, which is comparable to other purchases in this area. There is no appraisal of the specific parcel. 15 FEB 23 199.3 BOOK 88 FnF 8,92 r FEB B 2 3 19933 BOOK 88 FA;C 8,93 Staff requests the Board accept the $4,500.00 contract and direct the chairman to execute the contract on the Board's behalf. Funding is available in Account No. 101-158-541-066.12 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved the For Sale and Purchase Contract with Llonald E. Mixell and Vikki L. Mixell in the amount, of $4,500.00, as recommended by staff. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD N. Resolution of Formal Acceptance of Utility Easements - Pinewood Lane/31st Ave., SW The Board reviewed the following memo dated 2/11/93: DATE: FEBRUARY 11, 1993 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G.PINTT A - DIRECTOR OF UTI ��PPYY SERVICES PREPARED JAMES D. CHASOTILINTYNERVICES AND STAFFED MANAGER OF ASROJECTS BY: DEPARTMENT OF SUBJECT: A RESOLUTION OF FORMAL ACCEPTANCE OF UTILITY EASEMENTS - PINEWOOD LANE/31ST AVENUE, SW INDIAN -RIVER COUNTY PROJECT NO. UW -92 -40 -DS BACKGROUND On February 2, 1993, the Indian River County Board of County Commissioners approved Resolution I (93-25) and Resolution II (93-26), which contained the preliminary assessment roll and set the date of the public hearing for the above -referenced subdivision. ANALYSE In connection with the Department of Utility Services' installing water lines for Pinewood Lane/31st Avenue, SW, it is necessary that the County formally accept the utility easements in accordance with the subdivision plat dedication, certification condition. RECOMMENDATION The Department of Utility_ Services recommends that the Board of County Commissioners approve and authorize the chairman to sign the attached resolution accepting the necessary utility easements.* 16 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously adopted Resolution 93-37, formally accepting easements for utility purposes in Pinewood Lane Subdivision. Pinewood Lane Subdivision 1/89/e3Ciawcmt/moo pt)x,gao/vlc/ac RESOLUTION NO. 93-. 37 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, FORMALLY ACCEPTING EASEMENTS FOR UTILITY PURPOSES IN PINEWOOD, LANE SUBDIVISION. WHEREAS, Indian River County is in the process of installing water lines in Pinewood Lane Subdivision; and WHEREAS, in connection with this project, it is necessary for the County to install its water lines in certain utility easements in Pinewood Lane Subdivision, as recorded in Plat Book 8, Pages 78 and 78-A, Public Records of Indian River County, Florida; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board hereby formally accepts for utility purposes only the streets and easements, or any part thereof, as offered to the County in the Certificate of Dedication shown on the plat of the above -referenced subdivision. The resolution was moved for adoption by Commissioner Eggert , and the motion was seconded by Commissioner Adams , and, upon being put to a vote, the vote was as follows: *" Chairman Richard N. Bird Aye Vice Chairman John W. Tippin Aye Commissioner Carolyn K. Eggert Aye Commissioner Fran B. Adams Aye Commissioner Kenneth R. Macht Aye The Chairman thereupon declared the resolution duly passed and adopted this 23 day of February , 1993. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Attest: z���- 1 BY Z4 �.�. Richard N. Bird Jeffrey K.Barton, Clerk. / Carman y 17 L�EB 23 1993 BOOK pn F 89 BOOK O8 PA 11H 8.95 O. Cancellation of Taxes on Certain Property Acquired by Indian River County The Board reviewed the following memo dated 2/16/93: TO: The Board of County Commissioners FROM: ujl/ William G. Collins II - Deputy County Attorney DATE: February 16, 1993 SUBJECT: Cancellation of Taxes on Certain Property Acquired by Indian River County A resolution has been prepared for the purpose of cancelling any delinquent or current taxes which may exist on the following property acquired by Indian River County for public purpose: Right -of -Way acquired from George G. Collins, as Successor Trustee under Trust Agreement dated December 21, 1973 as amended by Trust Agreement dated April 21, 1975, Amendment dated December 29, 198019 and Second Amendment dated October 5, 1984, which right-of-way is fully described in that Special Warranty Deed recorded in Official Record Book 958, Pages 1754-1755, Public Records of Indian River County, Florida. RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute the Resolution cancelling certain taxes upon publicly owned lands, and the Clerk to send a certified copy of same to the Tax Collector so that any delinquent or current taxes can be cancelled. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously adopted Resolution 93-38, cancelling certain taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. DEED IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 18 M M 2 / 93 (Ii EHU \ taxraao . 28) LEGAL (W G C / Y121m ) RESOLUTION NO. 93-38 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.289 FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F . S . ; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY CONMUSSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all Hens for taxes delinquent or current against the following described lands, which were acquired for right-of-way from George G. Collins, as Successor Trustee under Trust Agreement dated December 21, 1973 as amended by Trust Agreement dated April 21, 1975, Amendment dated December 29, 19809 and Second Amendment dated October 5, 1984, are hereby cancelled pursuant to the authority of section 196.28 , F.S. 19 BOCK 88 FFR 23 100 FA;�� r -FEB 23 1993 �� , � BOOK ' PAGc � i See attached Special Warranty Deed describing lands, recorded in O.R. Book 958, Pages 1754-1755, Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner Fguprt , and the motion was seconded by Commissioner Adams , and, upon being put to a vote, the vote was as follows: Chairman Richard N. Bird Aye Vice Chairman John W. Tippin Aye Commissioner Fran B. Adams Aye Commissioner Carolyn K. Eggert Aye Commissioner Kenneth R. Macht Aye The Chairman thereupon declared the resolution duly passed and adopted this 23 day of February , 1993. Attest: Jeffrey K. ton, Cler BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By ` Richard N. Bird, Chairman P. Request for Public Hearing Date to Consider Ordinance Amending Chanter 207 Licensing & License Tax The Board reviewed the following memo dated 2/10/93: TO: Board of County Commissioners �,�y� FROM: Terrence P. O'Brien - Assistant County Attorney -W'" DATE: February 10, 1993 SUBJECT: PROPOSED ORDINANCE ENTITLED: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA AMENDING CHAPTER 207 LICENSING AND LICENSE TAX TO REDUCE CERTAIN TAXES SO THAT THEY SHALL BE UNIFORM THROUGHOUT THE CLASS. A public hearing date of March 23, 1993 is suggested for the subject ordinance. 20 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously scheduled a public hearing for March 23, 1993, as recommended by staff. O. Purchase Authorization: 45th St. Right -of -Way Acquisition - I.R. Blvd. Phase IV —Seligson Parcel (withdrawn until a further date) CERTIFICATE OF ACHIEVEMENT - CLERR OF THE CIRCUIT COURT The Board reviewed the following memos dated 2/11/93: TO: Honorable Richard N. Bird, Chairman Board of County Commissioners DATE: February 11, 1993 SUBJECT: CERTIFICATE OF ACHIEVEMENT�� FROM: Jeffrey K. Barton Clerk of the Circuit urt Request I be given time on the regular BCC meeting agenda for February 23, 1993 to announce the receipt of a Certificate of Achievement. The Indian River County Comprehensive Annual Financial Report (CAFR) for the Fiscal Year ended September 30, 1991 has been awarded the Certificate of Achievement for Excellence in Financial Reporting by the Government Finance Officers Association of the United States and Canada (GFOA). The Certificate of Achievement is the highest form of recognition for excellence in state and local government financial reporting. In order to be awarded a Certificate of Achievement, a government unit must publish an easily readable and efficiently organized CAFR whose contents conform to program standards. Such CAFR must satisfy both generally accepted accounting principles and applicable legal requirements. This is the ninth consecutive year this Certificate of Achievement has been awardedito Indian River County. The CAFR for FY 1991 was previously provided to each Commissioner and to key staff members. A news release is enclosed. 21 �a�K F E 3 231993 800KF,'Jr. Jeff Barton, Clerk of the Circuit Court, announced that this is the 9th consecutive year that we have received this award which has been very beneficial in both financial reporting and obtaining lower interest rates on bond issues. We have adhered to a standard that is accepted throughout the country as to how county govern- ments report their financial condition to their constituents and to the state in which they are located. Indian River is one of 29 counties in Florida to have received this award, and only 10 percent of the counties nationwide have received this award. In considering this award, one of the major items is the statistical history that goes back 10 years; another is how well Fixed Assets are tracked and controlled. There is a lot of preparation, background and history that goes into filing a report, and we are about ready to submit the financial report for FY 1991-92 which ended September 30. Mr. Barton wished to thank the Board and financial staff for all the work and effort that went into this report. Mr. Barton advised that it is customary for the latest plaque to be on display in the BCC area with the earlier awards displayed in the Clerk's Office upstairs. Chairman Bird commended Mr. Barton and the financial staff for receiving this award and advised -that the plaque will be displayed in a prominent place. PUBLIC DISCUSSION — TCI CABLE PRESENTATION REGARDING CABLEVISION RATES The Board reviewed the following letter dated 2/4/93: Telephone: (407)567-8000 February 4, 1993 BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Vero Beach, Florida 32960 Mr. James Foody, General Manager TCI Cablevision of the Treasure Coast Post Office Box 2530 Vero Beach, FL 32961 Dear Mr. Foodys Suncom Telephone: 224-1011 Under the Cable Television"COn�umer Protection and Competition Act of 1992, and the rules which the Federal Communication Commission will adopt by April, 1993, there is a strong likelihood that Indian River County will again be 22 empowered to regulate certain future rate increases by TCI within Indian River County. In addition the reasonableness of existing rates and charges may be inquired into by the County for a period of six months after the effective date of the new rules. Since TCI has recently increased its rates and even more recently has restructured the composition of its Basic and Expanded Basic channel menus, the Board of County Commissioners invites TCI to attend an information session before the public and the Board to explain the new rates and channel offerings. This meeting will enable the Commission and public to understand the existing rates so that future requests for increases and changes can be more efficiently.analyzed. I would appreciate it if you would please call Mrs. Cindy White, the County's cable TV coordinator, to schedule this presentation. We look forward to hearing from you. Sincerely, BOARD OF COUNTY COMMISSIONERS -� Richard N. Bird, Chairman James Foody, General Manager of TCI Cablevision, gave a brief discourse on the following information he distributed to the Board: SYSTEM IMPROVEMENTS OVER PAST 2 YEARS 1. EXPANDED HOURS-- OFFICE/DISPATCHISERVICE WE FIRST EXPANDED PHONE I TOURS FROM 8 AM TO 8 PM. NOW WE ARE OPEN ON SATURDAYS. WE NOW HAVE A DISPATCIIHR ON DUTY SEVEN DAYS'A WEEK AND BACKUP TECHNICIANS ON CALL 2. IMPROVED PRONE RESPONSE TIME - 100% OF ALL CALLS ARE ANSWERED IN FOUR RINGS. 3. REDUCED OUTAGES WE HAVE INVESTED OVER $250,000 IN STAND-BY POWER AND HAVE INVESTED IN SURGE PROTECTION. WE GO FOR DAYS OR EVEN A WEEK AT A TIME WITH NOT OUTAGES AT ALL11 4. REDUCED INSTALLATION LEAD TIME, IT USED TO TAKE AN AVERAGE OF SEVEN DAYS FOR INSTALLATION AT THIS TIME OF THE YEAR. IT NOW TAKES ONLY THREE DAYS. 5. ADDED SAP (SECOND AUDIO PROGRAMMING) TO HBO & CINEMAX. 23 L_FEB 231993 BOOK 88 Fa;F0 rFEB 23'0%1 BOOK 88 pg 'E 6. ADDED NEW GRAPHICS ON WE WEATIIER CHANNEL THE WEATHER IS IMPORTANT TO OUR RESIDENTS AND WE ARE GETTING POSITIVE FEEDBACK 7. INVESTED 10'S OF THOUSANDS OF $$ TRYING TO IMPROVE QUALITY OF OFF -AIR CHANNELS OUT OF WEST PALM. THE NEW MICROWAVE FEED FOR CHNL 5 WAS $20,000. THE BACKUP ANTENNA WAS $5,000. 8. NEW SERVICES MADE AVAILABLE PPV AND DMX - NOT EVERYONE USES THESE SERVICES BUT IT IS AN IMPROVEMENT TO THE SYSTEM TO MAKE IT AVAILABLE TO OUR SUBSCRIBERS. OVER 50% OF OUR ADDRESSABLE SUBS HAVE PURCHASED PPV. 9. COMPLETED 95% OF FIBER PROJECT IN VERO TO. ELIMINATE THE AML SITES. TCI CABLEVISION OF THE TREASURE COAST , CABLE PLUS EACH 15 — PREVUE GUIDE e 19 — C—SPAN 1 BEACH 20 — SNEAK PREVUE E 21 — MARKET PLACE j 25 — THE WEATHER CHANNEL A BEACH 28 — AM MOVIE CLASSICSITRAVEL .M BEACH 27 — ESPN RCE 28 — TURNER NETWORK ADO 29 — USA NETWORK — 'ALM BEACH — 30 — LOCAL ANNOUNCEMENTS ?NT ACCESS 31 —THE DISCOVERY CHANNEL 4DO—DAYTONA 32 — LIFETIME 33 —HEADLINE NEWS 34 — CNN 35 — THE FAMILY CHANNEL 38 — WTBS 37 — BLACK ENTERTAINMENT TV 39 — ENTERTAINMENT TV 39 — MUSIC TELEVISION 40 — THE NASHVILLE NETWORK 41 — WPBT (PBSIMIAMI) 42 — C—SPAN 11 A CHANNELS AVAILABLE 43 — QVC 44 — VH1/COMEDY CENTRAL 45 — ARTS & ENTERTAINMENT 46 — COUNTRY MUSIC TV 47—NICKELODEON 48 — THE NOSTALGIA CHANNEL .ME 49 — THE SUNSHINE NETWORK :R—VIEW 50 — CONSUMER NEWS 6 BUSINESS ER—VIEW 52 — THE LEARNING CHANNEL RATES BROADCAST CABLE PERCENT AS OF BASIC PLUS TOTAL INCREASE DEC'92 13.85 5.55 $19.40 - JAN'93 $14.35 $5.95 $20.30 4.64% MAR'93 $10.00 $10.30 $20.30 0.00% 94 JANUARY 1993 HBO INCREASED TO $9.45. HBO HAD BEEN $9.00 SINCE 1984. 24 Mr. Foody advised that in the latter -part of 1992, Congress passed cable legislation which encouraged a basic low-cost, entry level type service. TCI had foreseen this requirement and made these changes two years ago; hence, their subscribers will not see the channel dislocation that many other systems are going through right now. TCI is changing the price of the entry level service to $10.00 beginning March 1. The net reduction to people being billed for Broadcast Basic only is $4.35, excluding taxes and fees. There is no change for people having the cable plus package. Chairman Bird asked Mr. Foody to elaborate on how the channels are selected for the basic service, and Mr. Foody explained that 15-20 years ago, before all these other programming services were available, cable companies could bring in only distant signals and Vero Beach is unusual in the sense that it sits between the West Palm Beach market and the Orlando market. In addition, over the last 12 years there has been many regulations as to what a system has to carry as far as off -air broadcasters. TCI 's Broadcast Basic lineup has evolved from the channels their subscribers are used to seeing. The duplication of ABC and NBC stations was not irritating 6 or 7 years ago when cable companies did not have to black them out, but now it has become more irritating due to regulations that those signals had to be blacked out because certain stations had certain rights to different programming superior "over other stations. That created holes in the programming, but there is a possibility of eliminating some of this duplication as future regulation takes shape. Right now, they feel it would be foolish to do anything to the lineup because it isn't known what future regulations will bring about. An outside research firm has done random surveys of their subscribers regarding programming, and they have a 90 -percent plus statistical confidence level. Many questions were asked in these surveys, in addition to those of programming preference, regarding the quality of service and the quality of service when visiting.their office. For the most part, TCI carries the lion's share of what is up on the satellites right now. There is not too much up there of value that they do not carry. Mr. Foody noted that they are looking at this and are in touch with the subscribers as to what will be carried in the future. Ren Vickers of Falcon Cable advised that he is scheduled to make a presentation at next week's BCC meeting. Jim Granse, 36 Pine Arbor Lane, remembered when United Artists became TCI, but couldn't remember -what it was named before United Artists. 25 BOOK 88 PA,c 902 FEB 23 1.3 r FEB 23 19 3 BOOK 88 PAGE 993 Mr. Foody explained that it was named Florida Cablevision but was owned by United Artists. The majority stockholder in United Artists for the last 6 or 7 years was TCI, and when United Artists grew and wanted to go into other markets on their own, the Vero Beach firm came under the TCI name. Sloan O'Donnell, resident of Village Green, noted that he has been a subscriber to the cable system for 10 years. As a former department head of journalism and broadcasting at a small college in Pennsylvania, he remembered the wonderful visions they had for cable TV back then. First, however, Mr. O'Donnell wanted to talk about the lobbying that TCI has done recently. He held up a one- page ad that ran 6 times in the newspaper urging people to write their congressman about aspects of the proposed legislation that they may or may not want. That was before the government changed the law and brought the cable companies under regulation. Mr. O'Donnell read the following letter into the record: 1 I y• DATES February 22, 1993 ._ -M , T0: Ron. Dick Bird, Chairman"' Rte"— c ac�ssioners . ,�isirator —'� Indian River County Commssi rs �� ., 'fit•"'''may FROM: Sloan 0' Donnell ,� .7. '" "' = v, `'er= annel arance Before the Board, Feb.993%"� 'u�:iC SUBJECT: Appe c WorksRe: Board Meeting with TCI, Inc: 27993 �,y��� �•C''1,'rlU —�_ ni tY Dev. Utilities �----- rina:ice Ifhar I am writing to inform you that I plan to appear before the informs tional meeting between Indian River County Commissioners and Mr. Foody, Systems Manager of TCI, Inc., operator of a franchised television cable system serving residents of the City of Vero Beach and nearby areas scheduled for your 9 a.m. meeting, Feb. 23, 1993. I propose to seek information on these matters if Mr. Foody does not cover them in his preliminary presentation: 1) TCI offers subsribers with limited means its Basic Service with a menu of 13 channels. If indeed TCI is truly trying to serve patrons with only limited resources, why does it deliberately tantalize them with the Home Shopping Network with its easy access and dazzling array of expensive merchandise? Why does it reserve a channel for HBO that costs $9.45 monthly extra for patrons who presumably must scrimp to get just the basic cable? Does TCI participate in the sales of merchandise on the Home Shopping Network?- I understand from another cable company that there is a "carriage" fee of approximately five percent. If indeed there is income for TCI from the Home Shopping Network; how much is it? Why does the menu include two NBC and two ABC outlets? Cutting this needless duplication would provide access to other channels such as the highly regarded Cable News Network (CNN) in which, according to USA Today, TCI.is a "major investor," or one of Ted Turner's outlets such as Turner Network Television (TNT) or highly regarded WTBS originating in Atlanta? Why not combine TCI's Local Origination channel with the Local Government Access Channel where currently the only local coverage comes from Vero Beach Council meetings?? And why doesn't TCI encourage 26 participation in its Local Origination programming? For instance, think how many viewers would like to see a vidg!o_of activities at the recent Beaux Arts Ball at the Center for the Arts or the Wildlife demonstration presented by Wild Kingdon's James Fowler at the Windsor Polo Club or the rodeo scheduled in Felismere next month? Another cable company (one of two serving different sections of the same community) has two full-time employees to support its community affairs channel which is on the air from 2 to 11 p.m. daily presenting 20 hours of current local programming and approximately the same number of hours of reruns. Incidentally, this local community outlet of a major nationwide cable operator carries approximately 25 channels for a cost of approximately $14. It makes one wonder how much TCI would cut its rates if it had some first-class competition. Incidentally, when regulation. does take effect in a few months, will the County be able to learn just how much profit the local TCI system clears? 2) In early fall last year when Congress was debating legislation to reregulate cable companies' franchised operations,"(see Press -Journal, 9/15/92) Tele-Communications Inc. of Denver, the cable giant that owns United Artists Cable in Vero Beach (and south Indian River County) "joined other systems in an ad campaign against the reregulation bill." In fact, TCI placed six full page ads in the Press -Journal at a cost of over $10,500 filled with newspaper quotations opposing the bill and urging subscribers to write their Senators and Representatives to oppose the legislation. I would like to ask Mr. Foody how much this lobbying advertising cost TCI, whether he knows how much if any local support it generated, and whether in retrospect he thinks it was a wise expenditure. 3) Finally, I should like to ask Mr. Foody about an article in USA Today, 12/3/92 (attached) which describes recent advances in cable technology which according to John Malone, described as "the cable industry's godfather, "is yanking television into a new age of hundreds of channels. (A photocopy of the article is attached.) Quoting USA Today, "The technology will allow cable companies to deliver ten channels for every one they now carry. Most cable systems can't carry more than 75 channels. That would jump to 750. ..." "The first test likely will be in Denver, near the headquarters of TCI in Englewood, Colorado. Satellite customers wil get the service first, then other cable users beginning January 1994. "Customers will get new digital converter boxes for $1 to $2 more a month. They'll pay for the additional channels or pay -for -view events." I agree that this technology may revolutionize the communications industry. But I must ask Mr.Foody why in heaven's name do home viewers need access to 750 channels? Presently TCI has about 50 channels. I wonder if Mr. Foody has asked viewers which channels they now watch on a regular basis and which ones they could just as well do without and whether re- ducing the number of channels might reduce the cost of premium service that includes all 52 channels. Respectfully submitted, Sloan O'Donnell P4A FEB23 1993 BOOK FA,'A' J r FEB 2 3 1997 BOOK 88 FAGc 905 Mr. O'Donnell concluded by saying that he felt the reduction to $10 for basic coverage was good. Mr. Foody answered some of Mr. O'Donnell's questions, particularly with regard to local origination programming, explaining that those types of things cost a lot of money and TCI has kept the costs down. They have a government access channel, but not a public channel. Discussion turned to the local surveys taken by TCI to see what channels people would prefer to have in the basic coverage, and Mr. O'Donnell suggested .that Mr. Foody share the survey information with the public. Mr. Foody commented that right now we need to limit cable to entertainment, but in the future cable will be used for education, better communications, etc. Chairman Bird suggested that Mr. O'Donnell exchange ideas for better programming with Mr. Foody after this meeting. Bill Roolage, 11 Vista Garden Trail, wished to see the BCC meetings taped for broadcast in the evenings. PUBLIC HEARING - REQUEST FOR SPECIAL EXCEPTION USE APPROVAL - RIVERSIDE CHURCH ASSEMBLY OF GOD The hour of 9:00 o'clock A.M. having passed, County Attorney Vitunac announced that this public hearing has been properly advertised, as follows: VERO BEACH PRESS -JOURNAL Pobilshed Dolly Vwre Beach. Indian Rival, County. /Ieride COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the understimed authority personally appeared J. J. Schumann, Jr. who on oath stye lull he is Buslrroea Manager, of aro Vero Beach Press -Jamal, adaily newspaper publlahed at Vero Bureeh In ImPan River County, Florida that the affect copy of advertisement. being a 2244a. . • In the Court. was Intl Bahed In said neral. 1. the hwas ofL041-414*- / • Afltant further says Mel the Salo Vero Beach Prese•Joumal Is a newspaper published at Vero Beech, In said Indian Rivet County. Florida, and that the wild newspaper has heretofore been continuously published In said Indian River County. Florida, each daily and has been entered as second class trail malter al the post office In Vero Beach, in said Indian Rider Coun. ty. Florida, for a period of oro year next preceding the first publication of the attached copy of advertisement: and afihnt further Says that he has neither pail nor promised any person, firm or corporation arty discount, rebels, commission or refund Is the purpose of securing this advertisement for publication in the said nowsp im. Sworn to and subscribed bolo•tn) me tidy day of i D. 111 (Business Managar) C;•C^•.girl.: •, e l 28 NOTICE OF PUBLIC HEARING Nolift of hearing to consider gran thg of P exceptlon el ffl► Mie tnlparlslon of an By . . Place of Wa" byyhethe addition of a me sent is owned byRkers►de Churchh As rsernbtl (iod, end boated of 11205 Roseland Road. Sol ebre maapp for the general location. A P= htrarl- at w *:h parties In Interest I d ikens slneA have an Opportunity to be heard. be held by the Board Of County Commbsiorlel Indian River Carry. Florida. h @te Cou ay Con 'Bion Cha -60 of the Courtly Admhlrtrfltlon E . hg, located at 1840 25th ;tint, Vers Beech, NO an Tuesday. February 23.1893 at 9:05 a fm Anyone who may wish to appeal any deo wfdch may be made at thio meet wIA heed to at" Mtal a verbatim ram of the proceeding made. nhldt hcWn leatknaq end evidernce t Much Mie appeal is based. ANYONE WHO NEEDS A SPECIAL ACCOMMO TION FOR THIS MEETING MUST CONTACT COUNTY'S AMERICANS WITH DISABILITIES (ADA) COORDMATOR AT 587.8000 X408 LEAST 48. HOURS N ADVANCE OF THEW INDIAN RIVER COUNTY Board of County Commigsionara BY -a• Richard N. Bird, Chahnarr Feb. 1, 1993 970• _I The Board reviewed the following zemb dated 2/19/93: TO: James Chandler County Administrator DIV ON HEAD CONCURRENCE: ie rt M. ReatingAIC Community Development rector AS THROUGH: Stan Boling,, AICP Planning Director FROM: Eric Blad/ Staff Pla r, Current Development DATE: February 10, 1993 SUBJECT: Riverside Church Assembly of God's Request for Special Exception Use Approval for an Expansion to a Place of Worship [92110041-001/AA-93-02-015] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of February 23, 1993. DESCRIPTION AND CONDITIONS: John Dean & Associates has submitted an application for site plan and special exception use approval on behalf of the Riverside Church Assembly of God to expand.the existing place --of worship at 11205 Roseland Road. The proposed expansion consists of adding a third modular classroom/office unit to the north side of the site. Since the site is located within a RS -1 zoning district, special exception use approval must be granted for the expansion. Staff have reviewed the submitted proposal and have granted administrative site plan approval subject to the granting of special exception use approval. At its January 14, 1993 meeting, the Planning and Zoning Commission unanimously recommended that the Board of County Commissioners grant special exception use approval. The Board of County Commissioners must now take final action on the special exception use request. If the Board grants special exception use approval, the administrative site plan approval will become effective. Special exception uses are those types of uses that would not generally be appropriate throughout a particular zoning district. However, when special exception uses are carefully controlled as to number, area, location, and/or relationship to the vicinity, such uses would not adversely impact the public health, safety, comfort, good order, appearance, convenience, morals and general welfare and as such would be compatible with permitted uses within the particular zoning district. In granting any special exception use, the Board may prescribe appropriate special conditions and safeguards to ensure that the use is compatible with surrounding uses in the district. ANALYSIS: 1. I L_ FEB 23 1993 Zoning Classification: RS -11 Single Family Residential (up to 1 unit per acre) 29 BOOK 88F',v- 9 6 FEB 23 1993 BOOK 8© FAGF907 2. 3. 4. Land Use Designation: Conservation 3 (up to 1 unit per 2.5 acres) Surrounding Land Use & Zoning: North: Single Family Residence/RS-1 South: Single Family Residence/RS-1 East: Roseland Road, Multi -Family Residence/RM-6 West: St. Sebastian River Building Area: 700 sq. ft., modular building Modular building structures approved by the Florida Department of Community Affairs are permitted in RS -1 zoning districts. As a condition of both the administrative approval and subsequent building permit issuance, the applicant must document that the structure has been approved as a modular building by the Florida Department of Community Affairs. 5. Total New Impervious Surface: 700 sq. ft. 6. Open Space (overall site): Required: 50.0% Provided: 95.3% 7. Traffic Circulation: Traffic circulation on the site will not require any modifications to accommodate the addition of. a modular building, except the addition of a standard (R1-1) stop sign at the site's driveway intersection with Roseland Road. The traffic circulation plan has been approved by the County Traffic Engineer, subject to the installation of an Rl- 1 stop sign. A condition of the administrative approval requires installation of the sign prior to issuance of a certificate of occupancy (C.O.) for the project. 8. Off -Street Parking: Pursuant to LDR Section 954.05(2), parking standards for the existing place of worship and the expansion are satisfied by existing facilities. The addition of a 700 square foot modular building for use as a Sunday School classroom and as a pastor's office is considered an accessory use to the church and does not increase the amount of parking required on site. 9. Stormwater Management: The Stormwater Management Plan has been approved by the Public Works Department. 10. Landscape Plan: The landscape plan is in compliance with Chapter 926 of the Land Development Regulations and proposes a Type "C" buffer along the northern property boundary. Buffer requirements are in compliance with the applicable specific land use criteria (see paragraph 13). il. Utilities: County water and wastewater are not available to this site at this time. The county utility services and environmental health departments have no objection to approval of the site plan and use requests. 12. Environmental Issues: During the review of a previous site plan application for the site, Environmental Planning staff determined that the site's vegetation had been significantly altered and disturbed, with no actual native vegetative community remaining on site to be preserved. Therefore, no conservation set-aside measures are required. 30 13. Specific Land Use Criteria: The application must satisfy the following specific land use criteria which apply to a place of worship expansion in the RS -1 district: a. No building or structure shall be located closer than thirty (30) feet to any property line abutting a residential use or residentially designated property; b. Access shall be from a major thoroughfare unless otherwise approved by the public works department; c. Any accessory residential use, day care facility or school upon the premises shall provide such additional lot area as required for such use by this section and shall further be subject to all conditions set forth by the reviewing procedures and standards for that particular use. Accessory residential uses may include convents, monasteries, rectories or parsonages as required by these regulations; d. Type "C" screening shall be provided along all property boundaries where the facility is located adjacent to a single-family residentially designated property. Type "D" screening shall be provided along all property boundaries when the facility is located adjacent to a multiple -family residentially designated property. All of the above specific land use criteria have been satisfied by this site plan application. RECOMMENDATION: Based on the analysis performed, staff recommends that the Board of County Commissioners grant special exception use approval for the requested expansion to a place of worship. Commissioner Adams understood that this will be the third modular building to be placed on this site, and she was concerned that this might become a continuous thing. John Dean, architect on the project, advised that this will be the last of the modular buildings which are to be replaced when the master plan is finished. Planning Director Stan Boling advised that the Building Codes requires that modular buildings be looked on as permanent fixtures and considered one at a time. Grant Foster, associate pastor of Riverside Church Assembly of God, recalled that initially there was just a large sanctuary. He could attest that this will be the last modular unit. 31 FEB 23 1993 BOOK, 88, NrUE � � f E B 2a i§ BOOK 91)9 Mr. Dean noted that there will be a much improved buffer. Bob Denton of Roseland Road, whose property sits just north of the church property, recalled that back in 1988 this property was turned over to the Florida Council of Churches in Orlando whose main business is refugee assistance, and he expressed his concern that this facility will be used for a refugee center. He explained that when the first two modular units went in two years ago, he was told they would be replaced with permanent structures. Now, there is a request for a third trailer and there is room for 25 trailers in there should the property be used as a refugee center. Mr. Denton advised that real estate people have indicated that the value of his property has decreased. Mr. Denton stressed that one of his main concerns is that these trailers are mounted on tiers of concrete blocks, not slabs, with only 20 -gauge straps to hold them down. In a windstorm, he is only 30 feet away from these structures that are not tied down properly, and he didn't feel that should be allowed in a single-family residential neighborhood. Mr. Denton stated he was glad, however, to hear about the plans for substantial buffering. Chairman Bird advised that the Building Dept. will see that the trailers are tied down properly according to the Codes. In response to Commissioner Adams' inquiry, Mr. Denton advised that the standing water problem he had on his property had been taken care of and that it wasn't a sanitation problem. Attorney Vitunac advised that a letter of opposition dated 1/14/93 was received from Mrs. Georgeann Petrosino by the Board ex parte communication which he hoped no one read. The Board may want Community Development Director Robert Keating to read it into the record at this time. He explained that this is the type of letter that if it does get to the Board office and it says special exception on it, should be given to the Clerk until such time that it is heard in a meeting. This is the type of letter on which the Supreme Court is going to hear arguments in April. Before reading the following letter from Mrs. Petrosino, Director Keating advised that the letter was addressed to the Board of County Commissioners in regard to the expansion of Riverside Church Assembly of God: 32 u•e c, Y0rk09 re: Proposed expansion of the Riverside Church Assembly of God, AA -93-02-015 Dear Sirs: I note that after their meeting of 3anuary'14, 1993► the Planning and Zoning Commission stated t::•ay intend to recommend approval of the expansion over the nearest neighbors objections. My own objection to the placement c` a "modular" structure, in full view of the surrounding homes, is that it is not in keeping with the residential atmosphere of the current -neighbor- hood adjacent to the Church property. In the minutes of the January 14, 1993 meeting, I see no response to the complaint made by Mr. Denton that his back- yard had been turned into a bog by the Church's new septic system.. Will increased population/use/traffic exacerbate the situation? The Church's Pastor Foster stated that the trailer -like structures were temporary, to fill a need until the "master site plan" is completed. Why is -"there no stated plan -with dates for their. -removal? The exception requested is to allow the Church to do something which the original zoning excluded. The original zoning was the .plan by which I and others invested our hard earned money with full knowledge that our investment was protected by lair. Can the Board give some indicat`-on uhy the Church is being considered for such an exception o-:er the objections of the most effected parties -the neighbors? Why should the Church be granted something which will effect others esthetically and economically (structures such as these nearby do not enhance the value of the neighborhood)? - If the Church requires more room, they should seek property which does not have established restrictions put in place to maintain the value of its neigh:orhood. The Board' should not grant the exce:tion and should not override the originally conceived Flan. property at 839 Robin Lane v _ry t= ::1}. yours cc: Mr -Bob Denton �'_ S ► ;r,J�t •.' .'�_ ►\i► �` ; �.'��;�t'?,'lLiI1'l� Pr rosino 33 FEB 231993 BOOK 8-8 FacE 910 I �; pltorney �, Ei ^� Pcr;onnel pil'Alc works o��F4 ���ns; FEB 23 1993 BOOK 88 F�1GE 9117 Commissioner Macht understood there is no possibility this site could be used for a refugee center under the existing zoning, but asked if there is some mechanism to insure that no additional requests for modular units on this site will be honored. Director Keating advised that the church could come in and request a special exception approval to expand further. We don't have a limit on the amount of development that can occur, but the County Commission would have to grant a special exception use approval for any additional units. Commissioner Adams pointed out that we are beginning to see a proliferation of these types of structures and she felt neighbors have a real stake in keeping the integrity of a single-family residential area. Fortunately, 'this facility sits well off the road and is not too noticeable unless you actually turn in off the road. Ample buffering will help also. However, she wished to find a way of putting the brakes to modular units or decide whether or not we are going to allow them all over. Chairman Bird asked if we could impose some kind of time limit for these modular units to be replaced with permanent fixtures, but Attorney Vitunac advised that the law has taken that right away from the Board. These modular units have to be treated as legal buildings and the Building Code issue. was taken away from us by the Legislature. The issue is the land use. If the structures are put in a proper place according to our site plan regulations, the Board reduced to making a decision on the one item of a special exception and the question of whether this is the type of use which is appropriate if controlled as to numbers in the area. He believed that staff has recommended that this is the type of use that is okay. Director Keating explained- the difference in regulations between mobile homes and modular units, and Director Boling further described the requirements for modular units. Commissioner Macht asked if we could include language in the Motion to approve this with a limitation on the numbers, and Attorney Vitunac advised that the Commission cannot do that under our Code. Commissioner Adams stated that she would vote for approval with reluctance. ON MOTION by Commissioner Tippin, SECONDED by Commissioner Eggert, the Board unanimously granted special exception use approval to Riverside Church Assembly of God -for an expansion to a place of worship. 34 PUBLIC HEARING - WATER SERVICE IN PINEWOOD LANE/31ST AVE.. SW. - RESOLUTION III The hour of 9:00 o'clock A.M. having passed, the County Attorney announced that this public hearing has been properly advertised, as follows: VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath 88" that he is Business Manager of the Vero Beach Preas•Jeornel, a dally newspaper published at Vero Beach in Indian Rher County, Florida, that the attached copy of advertisement, being . r – M the matter of in the Court, was pub lished in said newspaper in the issues of YltZ"IGLO a IGG� Affiant further Says that the said Vero Beach PreSS•Joumal IS a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper hes heretofore been continuously published M said Indian River County, Florida, each deity and has been entered as second class mall matter at the post office in Vero Beach, in said Indian River Coun� ty, Florda, for a period Of one year next preceding the first publication of the attached copy of advertisement: and afflant further says that he hes neither paid nor promised any person, firm or corporation any discount, rebate. commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Swam to and subscribed befor mat ' -% day o fi A.D. 19 (Business Manalp" (SEAy ib iteeawrr . herrn• C- C.a uftsix of ktdbll RING tttlatlt� far 9Z ASM. pian� I.rri�tiaefl�Ip� � to ft%A � Oemefbattvaondantw -I.— yam leis b Anyone Who may ascii prWoPertiestobeaave0. . may be made at tis ePPed any did Bolt ils, tat propeadsip f B lead i enasue the apPeaiLvbaeed" am evideta, s � upon oh which this who needs a spedel andatanodeZpn 'kr �1fay oxl - to Cotatly'a Americana t.tih Act (ADA) Coohdratom at Sp. Oft ExL.408, at hast 48 hone in edranaa of the The Board reviewed the following memo dated 2/11/93: DATE: FEBRUARY 11, 1993 TO: JAMES E. CHANDLER COUNTY ADMINISTRATO FROM: TERRANCE G. PINT DIRECTOR OF UTI S S PREPARED JAMES D. CHAST AND STAFFED MANAGER OF AS S PROJECTS BY: DEPARTMENT OF ILITY SERVICES SUBJECT: WATER SERVICE IN PINEWOOD LAM/31ST AVENUE, SW (SOUTH OFF 1ST STREET, SW) INDIAN RIVER COUNTY PROJECT NO. UW -92 -40 -DS RESOLUTION III - PUBLIC HEARING BACKGROUND On February 2, 1993, the Indian River County Board of County Commissioners approved Resolution I (93-25) and Resolution II ___193-26) . Resolution I contained the preliminary assessment roll 35 FEB 231993 BOOK 88 PnE �� FEB23 1993 BOOK $8 pgF 913 describing the project and cost. Resolution II set the date of the public hearing for the subject- project. Property owners have been notified of the public hearing by certified mail. Resolution I (93-25) was published in the Vero Beach PRESS JOURNAL on February 8, 1993. (See attached agenda item and minutes of the above meeting.) ANALYSIS Design of the water distribution system is complete. An informational meeting was held with the property owners on February 9, 1993. The project will serve 12 platted lots. Approval of the attached Resolution III will confirm and approve the preliminary assessment. The attached map displays the area to benefit from the assessment project. The total estimated cost to be assessed is $29,350.38. The projected cost per square foot is $0.053938. This project is to be paid through the assessment of property owners along the proposed water line route. In the interim, financing will be through the use of impact fee funds. RECOIDEMATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve Resolution III, which affirms the preliminary assessment on the subject project. Chairman Bird opened the Public Hearing and asked if anyone wished to be heard in this matter. There being none, he closed the Public Hearing. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously adopted Resolution 93-39, confirming the special assessments in connection with a water main extension to Pinewood Lane (31st Avenue, SW, south off First Street, SW), and providing for special assessment liens to be made of record. ASSESSMENT ROLL IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 36 Public Hearing (Third Reso.) 2/3/93(legal)Vk/DC -CRU VERIFIED _ JEFFREY K. BARTCW CLERK CIRCUIT COIirT RESOLUTION NO. 93 - INDIAN R1YFR Co_ FLA �cZ A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CONFIRMING THE SPECIAL ASSESSMENTS IN CONNECTION WITH A WATER MAIN EXTENSION TO PINEWOOD LANK (31ST AVENUE, SW, SOUTH OFF FIRST STREET, SW), AND PROVIDING FOR SPECIAL ASSESSMENT LIENS TO BE MADE OF RECORD. WHEREAS, the Board of County Commissioners of Indian River County has, by Resolution No. 93-25, adopted February 2, 1993, determined to make special assessments against certain properties to be serviced by a water main extension of the County to Pinewood Lane (31st Avenue); and WHEREAS, said resolution -described the manner in which said special assessments shall be made and how said special assessments are to be paid; and WHEREAS, the resolution was published on February 8, 1993, as required by Section 206.04, Indian River County Code; and WHEREAS, the Board of County Commissioners of Indian River County passed Resolution No. 93-26, on February -2, 1993, which set a time and place for a public hearing at which the owners of the properties to be assessed and other interested persons would have the chance to be heard as to any and all complaints as to said project and said special assessments, and for the Board to act as required by Section 206.07, Indian River County Code; and WSEREAS, notice of the time and place of the public hearing was published in the Press Journal Newspaper on Friday, February 5, 1993, and Friday, February 12, 1993 (twice one week apart; the last being at least one week prior to the hearing), as required by Section 206.06, o• Indian River County Code; and1-0 O WHEREAS, the land owners of record were mailed notices at least ten M ,,,e— days prior to the hearing, as required by Section 206.06, Indian River -v County Code; and IV O WHEREAS, the Board of County Commissioners of Indian River County on Tuesday, February 23, 1993, at 9:05 a.m. conducted the public hearing with regard to the special assessments, 37 FEB 31993 BOOK �� Fay r. 014 � I rBOOK �� PAGE ���. ` FFP 2 14 °� RESOLUTION NO. 93-39 NOW, THEREFORE, BE IT RESOLVED BY TIM BOARD OF COUNTY CMgaSSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The special assessments shown on the attached assessment roll are hereby confirmed and approved, and shall remain legal, valid, and binding first liens against the properties assessed until paid in full. 2. The County will record the special assessments and this resolution, which describes the properties assessed and the amounts of the special assessments, on the public records, which shall constitute prima facie evidence of the validity of the special assessments. The resolution was moved for adoption by Commissioner Eggert , and the motion was seconded by Commissioner Adams , and, upon being put to a vote, the vote was as follows: Chairman Richard N. Bird Aye Vice Chairman John W. Tippin Aye - Commissioner Carolyn• R. Eggert Aye Commissioner Fran B. Adams Aye Commissioner Kenneth R. -Macht Aye The Chairman thereupon declared the resolution duly passed and adopted this 23rd day of February, 1993. '•;w ' ••:_'•'; BOARD OF COUNTY COMMISSIONERS INDIAN RI COUNTY, FLORIDA By Richard N. Bird 3ef fry t.:.Barton; a Chairman Ally Attachment: ASSESSMENT ROLL 38 mdian Rivsr ca I AOOrOvsd I A;1min. Risk Mgr. Date 0 0 ko G7 N 0 N RESOLUTION APPROVING SUBMITTAL OF APPLIEATTON UNDER THE STATE BEACH EROSION CONTROL ASSISTANCE PROGRAM The Board reviewed the following memo dated 2/12/93: TO: James E. Chandler, County Administrator THROUGH: James W. Davis, P.E., Public Works Director FROM: Terry B. Thompson, P.E. O� Capital Projects Manager SUBJECT: Resolution Approving the Submittal of a Grant Application Under the State of Florida FY 1994/95 Beach Erosion Control Assistance Program —� DATE: February 12, 1993 DESCRIPTION AND CONDITIONS The County submitted a grant application to the Florida Department of Natural Resources JDNR) in FY 1991/92 for funding under the Beach Erosion Control Assistance Program. The Application provided for the following improvements: 1. Dune maintenance at Wabasso Beach Park. 2. Dune maintenance and walkover at Golden Sands Park. 3. Three (3) dune walkovers at Treasure Shores -Park. The Florida Governor and Cabinet approved funding for this project in the FY 1991/92, 1992/93 and 1993/94 Department of Natural Resources' (DNR) Fixed Capital Outlay Budget. Funding was denied by the Florida Legislature in FY 1991/92 and FY 1992/93. The DNR's FY 1993/94 Capital Outlay Budget has not been considered by the Legislature. In view.of the financial problems that are still being experienced by the State, it is questionable whether or not funds will be made available for this project in the Fy 1993/94 Florida Beach Erosion Control Program. The Division of Beaches and Shores, will be accepting project applications for the FY 1994/95 DNR Fixed Capital Outlay Budget through May 1, 1993. Staff recommends that the County resubmit the attached updated application for consideration in the DNR's FY 1994/95 budget. This action will ensure legislative funding consideration for FY 1994/95 if funding is not made available in FY 1993/94. The estimated cost to the State for these improvements is $244,575 (75%) and to the County is $81,525,(25%), for total estimated cost of $326,100. REGOII48[�iDATIONS AND FUNDING Staff recommends that the Board adopt the attached resolution, authorizing the submittal of an application under the State Florida Beach Erosion Control Assistance Program for the purpose of requesting State financial assistance. 39 FEB 23 600K 88 �E i I ��ooK FEB �� 00 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Macht, the Board unanimously adopted Resolution 93-40, approving submittal of an application under the State of Florida Beach Erosion. Control Assistance Program. 88 FAGS 91 APPLICATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD RESOLUTION NO. 93-40 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA APPROVING THE SUBMITTAL OF AN APPLICATION UNDER THE STATE OF FLORIDA BEACH EROSION CONTROL ASSISTANCE PROGRAM WHEREAS, Indian River County has had damage to structures and/or coastal lands by storms and erosion In areas of•public lands, and WHEREAS, the State of Florida has established a Beach Erosion Control Assistance Program providing for financial assistance .for erosion control and preservation of the sandy beaches within the State. NOW THAREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, as follows: 1. The County, as local sponsor, hereby approves the submittal of an application under the Beach Erosion - Control Assistance Program for the purpose of requesting State " financial assistance with implementation of erosion control improvements within Indian River County at Wabasso Beach Park, Golden Sands Park, and Treasure Shores Park. 2. The' County hereby designates Michael Walther, P.E. of Coastal Technology Corporation, as the Project Engineer and Agent for the purpose of preparing and processing this application on behalf of the County. 3. The County agrees to implement the beach- improvement program under the procedures set forth in the Florida Administrative Code. The foregoing resolution was offered by Commissioner Eggert and seconded by Commissioner_ Ma,,ht ,and, being put to a vote, was as follows: Chairman Richard N. Bird Aye Vice Chairman Kenneth Macht Aye Commissioner Carolyn K. Eggert Aye Commissioner Fran Adams Aye Commissioner John W. Tippin' Aye The Chairman thereupon declared the resolution duly passed and adopted this 23 day of February , 1993. INDIAN RIVER COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS Richard N. Bird, Chairman ATTEST: Jeffrey K. Barton, lerk of Court ,maybchrmol.M , /J-, eI. 40 INDIAN RIVER BOULEVARD, PHASE IV - 41ST --ST. R/A ACQUISITION The Board reviewed the following memo dated 2/12/93: TO: James E. Chandler, County Administrator THROUGH: James W. Davis, P.E., Public Works Director 41 FROM: Terry B. Thompson, P.E.��r Capital Projects Manager SUBJECT: Indian River Boulevard, Phase IV 41st Street Right -of -Way Acquisition DATE: February 12, 1993 DESCRIPTION AND CONDITIONS FILE: 41rowacq.agn Carter & Associates, Inc. is under` contract with Indian River.. County to evaluate the flow through drainage on 41st Street from' west of US1 to Indian River Boulevard. They have completed' a capacity analysis of the flow through drainage within the proposed 41st Street right-of-way. The attached amendment provides for'an analysis of each grove on 41st Street between US 1 and Indian River Boulevard. This analysis is needed in order to continue. negotiations for needed right-of-way with property owners on 41st Street. The grove analysis will include determining the drainage characteristics of each grove, evaluating the design of 41st Street for compatibility with grove drainage and providing revisions to the 41st Street plans that will allow continued operation of each grove. Services for Amendment No. 1 will be performed on an hourly rate basis up to a not to exceed amount of $3,600. This, added to the current contract amount of $8,300, will result in a new contract amount of $11,900. RECOMMENDATIONS AND FUNDING Staff recommends that the Board authorize the Chairman to sign the attached Amendment No. 1. Funding is from Account 309-215-541-033.13 - Indian River Boulevard Phase IV. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved Amendment #1 to the contract with Carter & Associates for an amount not to exceed $3,600.00, as set out in the above staff recommendation. AMENDMENT NO. 1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 41 BOOK FAGc 918 FEB 23 1993 FEB 23 i`� BOOK 88 PmU 919 -1 INTERGOVERNMENTAL, AGREEMENT WITH DIVISION OF FORESTRY FOR DONALD MACDONALD PARK The Board reviewed the following memo dated 2/12/93: TO: SUWRCT: DATE: James E. Chandler, County Administrator James W. Davis, P.E., Public Works Director Intergovernmental Agreement for Donald MacDonald Park with Division of Forestry February 12, 1993 DESCRIPTION AND CONDITIONS FILE: dmacd.agn Over the past 25 years, the Florida Department of Agriculture and Comsumer Services (DACS) had, through lease with the County, responsibility for Donald MacDonald Park. In October, 1992, the' Park reverted back to the County. County staff drafted -an agreement with the Florida Department of Agriculture and Consumer Services enabling the DACS, Division of Forestry to continue their long standing presence at Donald MacDonald Park. In return, the Division of Forestry_ --personnel offer the County, during off duty hours, some -emergency assistance and maintenance help. RECOMMMATIM AND FUNDING Staff recommends that the Chairman be authorized to execute the attached Agreement. Public Works Director Jim Davis advised that the County has hired park ranger Don Huffman, who has a degree in forestry and has hit the ground running there at- Donald MacDonald Park. He has prepared a lengthy report on some improvements for the park and has gotten the community involved in doing some environmental enhancement of the shoreline near the boat ramp. Director Davis was very encouraged that Mr. Hoffman will turn this 77 -acre site, which includes both Donald MacDonald and Dale Wimbrow Parks, into a tremendous asset. The campgrounds in both parks are in operation. He invited the Commissioners to visit the facility and see the improvements and the tremendous potential there. Chairman Bird advised that three mobile homes on the site are occupied by an employee of the Dept. of Forestry, a Florida Highway Patrol officer, and the third mobile, which was at Sandridge Golf Club, will be used as a p&tk office. ►.Va ON MOTION by Commissioner Adafns, SECONDED by Commissioner Macht, the Board unanimously approved the Interlocal Agreement for Donald MacDonald Park, as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD UPDATE ON BUILDING BICYCLE PATHS After the recent tragedy where two cyclists lost their lives on Kings Highway, Chairman Bird felt the Board should have an update on the construction of bicycle paths. Public Works Director Jim Davis advised that over the past 7 years the Public Works Dept. has implemented a program of widening roads. He is planning to ask for $1 -million to resurface several roads next year, which is twice the amount the County usually spends annually for road resurfacing. He has been planning for a while to ask for the money in next year's budget, but the bike accidents just brought the request to the forefront. Director Davis explained that as part of the resurfacing projects, the County installs 4 -ft. wide shoulders on at least one side of the road. Numerous roads resurfaced in recent years have had paved shoulders, some of which are AIA, Indian River Boulevard, Sixth Avenue, 43rd, 58th and 66th Avenues north of--SR-60, 12th Street, and 8th Street. A bike path runs north along AIA from the Moorings to Johns Island. The U.S. #1 corridor has 4 -ft. paved shoulders. He predicted that in the next few years, all major roads in the county will have paved shoulders, but right-of-way availability, drainage concerns, and utility poles being too close to the roadway are major constraints in doing this. Director Davis advised that he intends to bring the $1 -million program to the Board next week for approval. The $1 -million program will be funded from the Road & Bridge Division resurfacing program, for which we budgeted $400,000-$500,000, as well as from gas tax revenue earmarked for these projects at budget time last year. Commissioner Tippin commented that the bike paths are not being used and that people seem to want to ride out in the street. He felt that perhaps we should consider not mandating both bike paths and sidewalks and just widen the roads. Chairman Bird felt we need both the bike paths and the paved shoulders. Commissioner Macht felt a bike safety program would be beneficial because some cyclists seem to think that traffic laws don't apply to them. Some ride through traffic signals and stop signs and don't have lights on their bikes. He suggested the 43 FEB23 199 �d�iK � F.1a � � FFP 91 BOOK 88 PnF 9 1 Police Department and Sheriff's Department crack down on the bicyclists by giving them more warnings. Commissioner Eggert agreed, but felt motorists are equally to blame. She asked the status of the master plan on bike paths and sidewalks, and Director Davis advised that it is being updated and will be presented to the Metropolitan Planning Organization (MPO) probably within the next 1-1/2 years. PILOT CLUB REQUEST FOR DOT OFFICIALS TO INCREASE PRIORITY FOR IMPROVEMENTS TO SR -60 The Board reviewed the following letter dated 11/18/92: �' ® �' PILOT CLUB OF VERO BEACH 00 N" VERO BEACH, FLORIDAMM 8365 -'91 Ave., 32967 November 18, 1992 To the Florida -Department of Transportation The Pilot Club of Vero Beach respectfully urges the Florida Dept of Transportation to give top priority to the funding and construction of 4 -laving State Road 60 from I-9-5 to Yeehaw Junction. Safety is -one of the major areas of Pilot International service. The National Snfety Council's Chairman of their Board of Directors is Pilot member Judy Weinkauf of Tulsa, Oklahoma. Since State Road 60 between Vero Beach and Yeehaw Junction is one of the most dangerous roads in our sta.tel - the incidents of traffic accidents on this road is extremely high - over 51% of all accidents on this road result in injuries or deaths= we strongly urge the Florida D.O.T. to'move ahead the time frame in their 5 year study plan, as affects State Road 60, from 1995/96 and 97 to 1993/94 and 95. We recognize the present work to widen the shoulders of State Road 60 may lessen somewhat the danger this road presents to motorists, but we believe such work is at best _temnorary improvementvhich will require regular care -and work to keep it in a good condition. t¢t90 Herewith are 43155 -signatures on petitions from Florida residents. They represent about two weeks' work by the Pilot Club. While most of these are Indian River County residents, slightly more than 30 of the petitioners are from Fort Pierce and St. Lucie County. The large, visible petition which I am hn my to deliver to you includes signatures by Indian River. County Commissioners, Voro Beach Council Members, Sheriff, Vero Beach Police Chief and a number of local dignitliries. These petitions are an effort to augment the 15,000 or more petitions delivered to the Florida D.O.T. about one year ago. Speaking for all these petitioners Py !eve respectfully reouest the Florida Department of Transportation\to make a. commitment to schedule work to occur within the fiscal year 1993/94 with the objective to 4-laning State Road 60 from I-95 to Yeehaw Junction. PILOOT CLUB �OF VYR0 BEACH r r CRrolyn Peeler, President. 44 Chairman Bird asked if the Board --had any objection to his representing the Commission and conveying this information to the FDOT on his upcoming trip to Tallahassee. The Board indicated their full agreement to the Pilot Club's request. FIREARMS RANGE COMMITTEE APPOINTMENTS TO NEW FIREARMS RANGE COMMITTEE The Board reviewed the following memo dated 2/22/93: TO: BOARD OF COUNTY COMMISSIONERS FROM: Richard N. Bird, Chairman BE: Firearms Range Corimitt:ee DATE: February 22, 1993 In January, 1993, the Firearms Range Committee was abolished with the intent that it would be restructured when the new Sheriff took office. J respectfully request that the Board of County Commissioners approve the following members of the new Firearms Range Committee: Richard N. Bird Ned Potter _. John Amos Capt. James Horan (Lt. Bud Spencer, Alternate) Additional members may be added in the near future, as needed. I feel it is important that we obtain public input from shooting enthusiasts in the area to find out exactly what their range needs are. I would like to set a public hearing for the latter part of -March if this meets with your approval. Chairman Bird advised that after 6 years on this committee, we still are getting mixed signals from shooting enthusiasts in the area and he would like to hold a public hearing in the latter part of March to receive public input on the matter of building a public shooting range. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Macht, the Board unanimously appointed the persons listed above to the new Firearms Range Committee and approved the scheduling of a public hearing in the future. 45 9tltlK 8V. F �E 3 ���� r��C r BOOK 88 FA­Gc 93 PROPOSED LEGISLATION IMPOSING STATE PRISONER COSTS ON COUNTIES The Board reviewed the following memo dated 2/22/93: B ruse S. Calton SGtte Attorney TO: SUBJECT: DATE: 0MI CE OF17HU .6tate Atturnq NINETSEN7H JUDICIAL CIRCUrr OF PLORIDA SERVING INDIAN RIVER. MARTIN, OKEECHOBEE AND ST. LUCIE COUNTii*S 411 Suuth Sawed Sweet Fort Pierce, Florida 34950 (4CM 465.3000 Fax (407) 464-3666 All County Commissioners Indian River, Martin, Okeechobee and fit. Lucie CuunLies LEGISLATIVE ACTIONS IMroaIN0 ST11TE PRISONER COSTS ON COUNTIES February 22, 1993 There appears to be confusion among some State Legislators as to whether county Commissioneru are gas{s du aing House 8111 79 and Senate Bill 208, the so-called, "Safe Streets Initiative of 1993". The legislation, drastically changes sentencing procedures for people convicted of felonies. If the LegialbTure p8eses HB 79 and SH 208, county jail pupuia- tion$ of people serving sentences will increase statewide by 18,000 in one year. This is not wild speculation; these are figure* that the Legislature's statisticians say will be criminals who could not be sentenced to prison under the new guidelines who were sentenced to prison the year before. Judges will sentence criminals to county jail that they formerly nentencea to prison. The reason why we say this will happen is that the Governor's proposal to -fund a bond issue for prison building by.a 25 oent cigarette tax may not pass, but He 19 nee already pass** the mouse Criminal Justices Committees. Even if there is a prison bond issue, new cells cannot be built fast enough to avoid Hooding the county Jails for a couplet of years, Equally significant is that the Governor's proposal will switch liability for legal and medical costs arising out of prisoner acts and conditions to the counties. The States would only fund the construction and normal operation costa, not the legal and medical costs. While State Attorneys support building no-frills prisons, we unanimously voted to oppose HB 79 and SB 208 in part because they abolish career criminal laws and minimum mandatory sentence's. =f you have concerns with the -shift in responsibility for State prisoners to county government, you may wish to contact your local delegation. Hearings are set before the House Appropriations Committee Lod+ay, and Wid billu will iikaly be heading for votes of both full houses this week. Commissioner Macht believed the Commission may want to oppose these bills that would result in the County paying for costs over which we would have no control. He also felt we may want to encourage the Florida Association of Counties (FACo) to oppose these bills as well. He urged that we get more involved in this matter. Attorney Vitunac recommended that perhaps Chairman Bird could meet with the head of FACo while in Tallahassee, and Commissioner Eggert suggested that Attorney Vitunac prepare a letter or resolution opposing HB -79 and SB -208. ON MOTION by Commissioner Tippin, SECONDED by Commissioner Macht, the Board unanimously authorized the Chairman to write to the Legislative Delegation and FACo stating our opposition to HB -79 and SB -208. SOLID WASTE DISPOSAL DISTRICT MEETING The Chairman announced that immediately following adjournment, the Board would reconvene sitting as the Board of Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared separately. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 11:00 o'clock A.M. ATTEST: . K. Barton, Clerk 47 Richard N. Bird, Chairman BOOK 88 Fare 924