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MIND EA A l ACHE
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
REGULAR MEETING
TUESDAY, MARCH 2, 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 )
James E. Chandler, County Administrator
Charles P. Vitunac, County Attorney
Jeffrey K. Barton, Clerk to the Board
9: 00 A. M. 1. CALL TO ORDER PAGE
2. INVOCATION - Rev. Richard Speck
Unitarian Universalist Fellowship
3. PLEDGE OF ALLEGIANCE - Comm. Carolyn K. Eggert
4. ADDITIONS TO THE AGENDA/ EMERGENCY ITEMS
Item 13.D. Resolution supporting weighted voting for the
Treasure Coast Regional Planning Council
Deferral of Item 5 for one week
5. PROCLAMATION AND PRESENTATIONS
Recycling Award Certificate - John Guiliano
6. APPROVAL OF MINUTES
Regular Meeting of 1/26/93
7. CONSENT AGENDA
A. Received and placed on file in office of Clerk
to the Board:
Delta Farms Water Control District, FY Ending
September 30, 1992
B. Proclamation Designating March 10, 1993 as
RSVP Day in Indian River County, Florida
C. Appointment to i ransportation Disadvantaged
Local Coordinating Board
( memorandum dated February 5, 1993 )
D. Appointments to Economic Development Council
( memorandum dated February 22, 1993 )
E. Harriet M. Gallo's Request for Site Plan
Extension: Visitation House Project
( memorandum dated February 19, 1993 )
BAR ®2 1993 BOOK F L- 9��
MAR m 2 199'1
BOOK 88 PAGE ut'?6
7. CONSENT AGENDA (cont'd. ): PAGE
F. Acceptance of Maintenance of Utility Easements
Pinewood Estates Subdivision / 34th Ave.
( north off 8th Street)
( memorandum dated February 18, 1993 )
G. Approval of Chairman's Signature on Letter of
Support for Vince McCann
( letter dated February 19, 1993 )
H. Corrective Quit -Claim Deed
uated Februarys kz, '1993)
I. Award Bid #3055 / North County Water System
Improvements, Phase I
( memorandum dated February 23, 1993 )
J. Misc. Budget Amendment 012
( memorandum dated February 24, 1993 )
K. Unemployment Compensation Budget Amendment 011
(memorandum dated February 24, 1993)
L. Release of Utility Liens
( memorandum dated February 18, 1993 )
M. Addn'I. R -O -W Purchase; 26th St.
( memorandum dated February 23, 1993 )
8. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
None
9:05 a. m. 9. PUBLIC ITEMS
A. PUBLIC DISCUSSION ITEMS
1. Falcon Cable Presentation Re: Cablevision
Rates
(no backup provided)
2. Request by Roger W. Bower, Sr. to be
heard regarding Disposition of Lot -
Vero Beach Estates, Block 18, Lot 13
( letter dated February 16, 1993 )
B. PUBLIC HEARINGS
34th Ave. / Pinewood Estates Water Service
Resolution III
( memorandum dated February 18, 1993 )
10. COUNTY ADMINISTRATOR'S MATTERS
None
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
Consideration of Draft Property Tax Abatement
Ordinance
( memorandum dated February 24, 1993 )
B. EMERGENCY SERVICES
1. Approval of Resolution Re -authorizing
Imposition of Countywide E911 Fee
( memorandum dated February 19, 1993 )
2. Approval of Resolution Adopting E911
Capital Improvement Program and Capital
Expenditures
( memorandum dated February 19, 1993 )
3. Approval of FY92-93 Emergency Management
Assistance (EMA) Agreement and Purchase
of Capital Equipment
( memorandum dated February 23, 1993 )
C. GENERAL SERVICES
None
D. LEISURE SERVICES
None
E. OFFICE OF MANAGEMENT AND BUDGET
None
F. PERSONNEL
None
G. PUBLIC WORKS
1. Archie Carr Sea Turtle Refuge
Interim Lease Agreements
( memorandum dated February 18, 1993 )
2. 1992/93 Road Resurfacing Program
( memorandum dated February 23, 1993 )
3. Pelican Island 90th Annual Anniversary
Celebration (5K Run & Festivities)
( memorandum dated February 19, 1993 )
4. Request for Authorization to Sign Con=
tract; Issuance of Notice to Proceed;
Approve Change Order No. 1; Fairgrounds
Restroom Facilities
( memorandum dated February 22, 1993 )
PAGE
5. Award of Bids: Gifford Park Parking Lots
and Court Resurfacing / IRC Bid #3066
( memorandum dated February 10, 1993 )
H. UTILITIES
None
MAR 2 �99',3 BOOK 88 PnF927
MAR - 2 1 P
12. COUNTY ATTORNEY
None
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. MACHT
14. SPECIAL DISTRICTS
A. EMERGENCY SERVICES DISTRICT
None
B. SOLID WASTE DISPOSAL DISTRICT
1. Approval of Minutes - Meeting of 1/19/93
2. Letter from Chester Clem / Private Land
Clearing and Burning Operation
( memorandum dated February 23, 1993 )
15. ADJOURNMENT
BOOK 88 PAGE 928 -1
PAGE
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 SPECIAL 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.
Tuesday, March 2, 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, March 2, 1993,
at 9:00 A. M. Present were John W. Tippin, Vice Chairman; Fran B.
Adams; Carolyn K. Eggert; and Kenneth R. Macht. Absent was Richard
N. Bird, who was out of town on County business. Also present were
Randy Dowling, Assistant to County Administrator; Charles P.
Vitunac, County Attorney; and Diane Albin, Deputy Clerk. James E.
Chandler, County Administrator, was absent due to illness.
The Chairman called the meeting to order.
Rev. Richard Speck of Unitarian Universalist Fellowship gave
the invocation, and Commissioner Eggert led the Pledge of
Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Commissioner Eggert requested the addition of Item 13.D.,
Resolution supporting weighted voting for The Treasure Coast
Regional Planning Council.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously (4-0,
Commissioner Bird being absent) added the above item
to the Agenda.
The Chairman requested the deferral of Item 5 for one week.
APPROVAL OF MINUTES
The Chairman asked if there were any additions or corrections
to the Minutes of the Regular Meeting of January 26, 1993.
Commissioner Macht made the following correction: Under Additions
to the Agenda/Emergency Items, Item 7.K. should read "Request of
Commissioner Macht for out -of -county travel" in place of "Request
of Commissioner Tippin to attend the Regional Planning Council
Workshop in Orlando on environmentally sensitive land acquisition."
MAR ® 2 X993 'BOOK 88 PPE 929
r MAR - 2 '1933
BOOK 88 PnE930 -7
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
(4-0, Commissioner Bird being absent) the Minutes of
the Regular Meeting of January 26, 1993 as
corrected.
CONSENT AGENDA
Commissioner Eggert requested the removal of Item 7.I. for
discussion.
A. Reports
Received and placed on file in the office of the Clerk to the
Board:
Delta Farms Water Control District, Minutes of the Board of
Supervisors, fiscal year ended September 30, 1992.
B. Proclamation Designating March 10 1993 as RSVP Day in Indian
River County Florida
PROCLAMATION
DESIGNATING MARCH 10, 1993 '
AS RRVP DAY IN
INDIAN RIVER COUNTY, FLORIDA
WHEREAS, in 1992, 600 senior volunteers, members of The
Retired Senior Volunteer Program (RSVP) of Indian River County
donated a total of 107,500 hours of volunteer service to Indian
River County; and
WHEREAS, to honor these unselfish senior citizens, the
Retired Senior Volunteer Program of Indian River County will hold
its eighth annual Recognition Luncheon on Wednesday, March 10,
1993 at the Polish American Club; and
WHEREAS, The RSVP is sponsored by the Indian River County
Council on Aging and ACTION, the federal volunteer agency; and
WHEREAS, RSVP is founded on dedication and commitment of
senior citizens, age 60 or more, who volunteer their time,
talents and experiences of a lifetime to the community; and
SHE -REAS, Indian River County benefits greatly by the
thousands of volunteer hours that senior citizens donate each
year; and
2
WnEREAS, presently more than 50 non-profit organizations and
agencies have senior volunteers doing a number of challenging and
interesting volunteer jobs in our community:
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that Wednesday,
March 10, 1993 be designated as
RSVP DAY
in Indian River County.
BE IT FUFTHER PROCLAIMED that the Board commends the
unselfish senior citizen volunteers who donate their time and
efforts in this County.
Adopted this 2nd day of March, 1993
BOARD OF COUNTY COMMISSIONERS
INDIAN -RIVER COUNTY, FLORIDA
Richard N. Bird, Chairman
C. Appointment to Transportation Disadvantaged Local Coordinating
Board
The Board reviewed the following letter dated February 5,
1993:
5 February 1993
TO: Commissioner Carolyn K. Eggert
Chairman Transportation Disadvantaged
Local Coordinating Board
FROM: Leland N. Gibbs Jr.
As you requested enclosed is my resume in support of my
application to the above board open position.
I hope you will consider it favorably.
Leland N. Gibbs Jr.
620 16th Avenue
Vero Beach, FL 32960
(407) 567-6886
3
MAR BOOK �� F'GE �•��
BOOK
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously (4-0,
Commissioner Bird being absent) approved the
appointment of Leland N. Gibbs, Jr. to the
Transportation Disadvantaged Local Coordinating
Board.
88 F,,F 932-1
D. Appointment to Economic Development Council
The Board reviewed the following memo dated February 22, 1993:
TO: Board of County
Commissioners
FROM: Carolyn K. Egger��
Chairman, EDC
DATE: February 22, 1993 FILE:
SUBJECT: Appointments to
Economic Development
Council (EDC)
REFERENCES:
Please accept the resignation of Keith Pelan with deep
regret and appoint Robert E. Salisbury to replace him. Mr.
Salisbury has a wide business background and is a director of the
Education Foundation. His knowledge will be a big help to us.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously (4-0,
Commissioner Bird being absent) accepted, with deep
regret, the resignation of Keith Pelan from the
Economic Development Council, and authorized the
appointment of Robert E. Salisbury to replace him.
4
E. Harriet M. Gallo's Reauest for Site Plan Extension: Visitation
House Project
The Board reviewed the following memo dated February 19, 1993:
TO: James E. Chandler
County Administrator
DIV SION HEAD CONCURRENCE:
Robert X. Kehti*, AICJY
Community Deevelopmen irector
THROUGH: Stan Boling, AICP
Planning Director
FROM: Eric BladAr/
Staff Planner, Current Development
DATE: February 19, 1993
SUBJECT: Harriette M. GalloIsRequest For Site Plan Extension:
Visitation House Project
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of March 2, 1993.
DESCRIPTION AND CONDITIONS:
On February 11, 1992 the Board of County Commissioners granted
special exception use and conceptual plan approval for the
Visitation House project, which includes conversion of an existing
single family house to a place of worship. The effective approval
date of the project conditional site plan approval was February 11,
1992 (initial expiration date: February 11, 1993).
Prior to the February 11, 1993 site plan approval expiration date,
the project applicant filed a request to extend the site plan
approval expiration date. Pursuant to site plan regulations, the
request may now be considered by the Board of County Commissioners.
ANALYSIS:
Although the LDRs have been amended since the time of project
review and approval, the members of the Technical Review Committee
(TRC) concur that subsequent amendments as applied to the subject
project are not significant enough to require any revisions or
redesign of the project. All TRC staff members have recently
approved the applicant's request for site plan extension.
As allowed under the provisions of the applicable site plan
requirements of the LDRs, Ms. Gallo is requesting a full one year
extension of the site plan approval expiration date. Pursuant to
Chapter 914 of the LDRs, the Board of County Commissioners may
deny, grant or grant with additional conditions, the requested site
plan extension. Staff has no objections to the Board granting the
request since the previously approved site plan substantially
conforms to existing LDR requirements.
L-1
MAR m 199390GK �� PACE 93
���� 900K
MAR - `j ,i,-����,:
RECOMMENDATION:
88 PAGUE934-1
Staff recommends that the Board of County Commissioners approve Ms.
Gallo's request for a one year extension of the conditional site
plan, with all original site plan approval conditions to remain in
effect. The new site plan expiration date will be February 11,
1994.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously (4-0,
Commissioner Bird being absent) approved Ms. Gallo's
request for a one-year extension to February 11,
1994"of the conditional site plan, with all original
site plan approval conditions to remain in effect,
as recommended by staff.
F. Pinewood Estates Subdivision/34th Avenue—Acceptance of
Maintenance of Utility Easements
The Board reviewed the following memo dated February 18, 1993:
DATE: FEBRUARY 18, 1993
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTIL SERVICES
PREPARED JAMES D. CHASTA
AND STAFFED MANAGER OF ASS S PROJECTS
BY: DEPARTMENT OF LITY SERVICES
SUBJECT: ACCEPTANCE OF MAINTENANCE OF UTILITY EASEMENTS
PINEWOOD ESTATES SUBDIVISION/34TH AVENUE (NORTH -OFF
STH STREET)
INDIAN RIVER COUNTY PROJECT NO. UN -92 -25 -DS
BACKGROUND
On February 9, __.993, the Indian River County Board of County
Commissioners approved Resolution I (93-31) and Resolution II
(93-32), which contained the preliminary assessment roll and set the
date of the public hearing for the above -referenced subdivision.
ANALYSIS
In connection with the Department of Utility Services' installing
water lines for Pinewood Estates/34th Avenue, it is necessary that
the County accept the maintenance of 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.
C
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously (4-0,
Commissioner Bird being absent) adopted Resolution
93-41, formally accepting maintenance of easements
for utility purposes in Pinewood Estates
Subdivision, as recommended by staff.
RESOLUTION NO. 93-_1 1_
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, FORMALLY ACCEPTING MAINTENANCE
OF EASEMENTS FOR UTILITY PURPOSES IN
PINEWOOD ESTATES SUBDIVISION.
WHEREAS, Indian River County is in the process of installing water
lines in Pinewood Estates 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
Estates Subdivision, as recorded in Plat Book 8, Pages 61, 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 maintenance, for utility purposes only, the rear
lot line easements, as offered to the County 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 Absent
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 2 day of March , 1993.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
John W.•Tippin
Jeffrey K.,,Barton, Clerk Ce Chairman
BAR ® 1993 aoox 88 Pi'UE R%35
MAP o INP BOOK 88 PAGE 9.36
G. Letter of Sur)Dort of C Vincent McCann as President of the
County Veterans Service Officers Association
The Board reviewed the following letter dated February 19,
1993:
WRY VMWSsnaI Ops' AsafloN
February 19, 1993
Chairman
Board of County Commissioners
Indian River County
1840 25th Street
Vero Beach, FL 32960
Dear Mr. Chairman:
DISTRIBUTIDN LIST
Commissioners
Administrator
® Attorney _
Pemrinnel
Public Yorks
C, S o r Community rev.
Utilities
Finance ���
Other
It is my distinct pleasure to inform your Board that Mr. C. Vincent McCann of the
Veterans Service Office has been nominated for position of President, County
Veterans Service Officers Association.
Vince has been the Senior Vice President for the past two years and is more than
qualified to assume the position of President. He is one of our most respected
and dedicated members of the Association. It is hoped that you will support our
efforts in his nomination and election.
))I
As a member of the Executive Committee, it wil Vince's responsibility to lead
the Association, be spokesman for the Association and further the aims and objectives
of improving benefits for the veterans, widows and children in the State of
Florida.
The continued success of our Association is determined by its leadership, those
who have a commitment to fill*our positions and the desire to be a leader. We,
of the nomination committee, know from past experience that Vince is a highly
qualified individual to lead our Association. He is a credit to your county and
to the State of Florida.
I would like to request a letter of support from your County to submit along with
Mr. McCann's nomination. Could you please direct your response to me at the
address below at your earliest possible date.
Milton E. Bryant
Veterans Service Office
2401 SE Monterey Road
Stuart, FL 34996
Respectfully,
MiltAn E' Byan
Chairman, Nominating Committee
8
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously (4-0,
Commissioner Bird being absent) authorized the
Chairman to execute a letter in support of Vincent
McCann as President of the County Veterans Service
Officers Association.
H. corrective Ouit-Claim Deed - John Randall, Jr.
The Board reviewed the following memo dated February 22, 1993:
TO: The Board of County Commissioners
FROM: V/-"� William G. Collins II - Deputy County Attorney
DATE: February 22, 1993
SUBJECT: Corrective Quit -Claim Deed
A Tax Deed was issued by the Clerk of the Circuit Court to John Randall,
Jr. and Altermease Huggins on August 10, 1987. The property sold was not
deleted from the book entitled "List of Lands Available for Taxes". This
propel was subsequently escheated to the County on January 21, 1993
pursuant to F.S. 197.502(8) which vests title in the Board of County
Commissioners if the property is not sold within seven years of being offered
for public sale.
The fact of the previous Tax Deed sale was discovered two weeks after the
Tax Deed was issued to Indian River County.
I have recommended to the Clerk that the way to clear title to the land
previously sold for taxes would be for the County to execute a Quit -Claim
Deed to the current titleholder of the land purchased for taxes in 1987,
i.e., John Randall, Jr.
RECOMMENDATION:
Authorize the Chairman to execute the attached Quit -Claim Deed to John
Randall, Jr.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously '(4-0,
Commissioner Bird being absent) authorized the
Chairman to execute Quit -Claim Deed to John Randall,
Jr., as recommended by staff.
COPY OF DEED IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
L_ MAR - 1993 BDOK 88 P,,rE 93 6.,�
BOOK
MAR - 2 19P
88 F,GE9'38-1
I. Award of Bid #3055 - North County Water System Improvements
Phase I
The Board reviewed the following memo dated February 23, 1993:
DATE: February 23, 1993
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Admin strator
�
H.T. "Sonny" Dean, Director J``),
Department of General Sery
FROM: Fran Boynton Powell, Purchasing Manage
SUBJ: Award Bid 13055/North County Water Syste
Improvements Phase I
Utilities Department
BACKGROUND INFORMATION:
Bid Opening Date: January 27, 1993
Advertising Dates: Dec 17, 23, 1992, Jan 14, 21
Specifications Mailed to: Twenty Seven (27) Vendors
Replies: Twelve (12) Vendors
VENDOR BID TAB
WPC Industrial Contractors $3,142,452.00
Jacksonville, FL
Inscho-Kirlin $3,225,000.00
Ft Lauderdale, FL
Larry L Wilson, Inc $3,247,000.00
Deerfield Beach, FL
Butler Construction $3,254,430.00
Rockledge, FL
Ortega Industrial Contractors $3,292,864.00
Jacksonville, FL
McMahan Construction Co $3,325,000.00
Deland, FL
Wharton -Smith, Inc $3,327,000.00
Lake Monroe, FL
Speegle Construction $3,334,545.00
Cocoa, FL
Cardinal Contractors, Inc $3,364,723.00
Sarasota, FL
Morganti Florida, Inc $3,382,005.66
Palm Beach Gardens, FL
Lee Construction Company $3,405,965.20
Sanford, FL
Hall Contracting Company $3,680,360.07
St Petersburg, FL .
Commissioner Eggert felt that a project of this magnitude
should have appeared in either the General Services or Utilities
10
Department section of the agenda, instead of on the consent agenda.
However, minor purchases could be handled on the consent agenda.
Commissioner Adams thought it might be difficult to determine
what is minor and what is major.
Commissioner Tippin asked staff develop some definitions of
major and minor purchases.
General Services Director Sonny Dean mentioned that bids in
amounts ranging from $5,000 to $20,000 are renewed annually, and he
did not think the Board wanted to review these individually.
Commissioner Macht pointed out that the Board always has the
ability to remove an item on the consent agenda for discussion.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously (4-0,
Commissioner Bird being absent) awarded Bid #3055 in
the amount of $3,142,452 to WPC Industries, Inc., as
recommended by staff.
CONTRACT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
J. Miscellaneous Budget Amendment 012
The Board reviewed the following memo dated February 24, 1993:
TO: Members of the Board
of County Commissioners
DATE: February 24, 1993
SUBJECT: MISC'ELIANEOUS BUDGET AMENDMENT 012
CONSENT AGENDA
FROM: Joseph A. Baird r
OMB Director
DESCRIPTION AND CONDITIONS
The attached budget amendment is to appropriate funding for the following.
1. At their April 14, 1992 meeting the Board of County Commissioners
approved $6,000 to fund the Vision Workshop. The attached entry for
$4,915 appropriates funding for final invoices received in fiscal year 1992/93.
2. On May 7, 1991 the Board of County Commissioners approved funding for
the Humane "Society for the mandatory hook-up to the County wastewater
system. The attached entry appropriates the balance of $21,221 due to the
Humane Society for this project.
11
MAR ® 2 1993 BOOK 88 E 03
BOOK 88 P,1GE 940-1
3. On February 2, 1993, the Board of County Commissioners approved $7,000
to fund a Community Clinic for Fellsmere. The attached .entry appropriates
this funding.
- 4. At the February 2, 1993 meeting the Board of County Commissioners
approved the request from Sheriff Wheeler to withdraw $1,250 from the
Law Enforcement Trust Fund to help the Substance Abuse Council with
their Pride Survey. This entry appropriates the funding.
5. On December 17, 1991 the Board of County Commissioners approved to
renovate the old library at a cost of $179,500. This entry appropriates the
anticipated cost to finalize this project.
6. On February 2, 1993 the Board of County Commissioners approved to
allocate $4,000 to the Fellsmere Volunteer Ambulance Services, Inc. from
EMS billing revenue. This entry allocates the approved funding
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the attached budget
amendment number 012.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously (4-0,
Commissioner Bird being absent) approved the
following Budget Amendment 012:
12
TO: Members of the Board SUBJECT: BUDGET AMENDMENT
of County Commissioners
NUMBER: 012
.FROM: Joseph A. Baird DATE: March 1, 1993
OMB Director REVISION
;Revenue i ; I
!Cash Forward 1004-000-389-040.001$ 4,9151$ 0
;Expense
I n�-L er Dr�fo�ci nn�l acro! nca I nnd_7ngi_R9 gi_nii t a i t-4 A a1 r I Q n
'Revenue ; ; I
!Cash Forward 1001-000-389-040.001$ 21.2211$ 0
,Expense
I TJvi�="� C�^4 gm*xr 1 nn'I _7 7 n_C.ti7_nQQ 't7 I C 71 77� 1 n
Expense
Expense
—11u—oozL
_1 aa_Rf29
_tinn_�n�_
,Revenue
!Cash Forward 1001-000-389-040.001$ 901000i$ 0
!Expense ! 1
I 1
;Building and Grounds
!WTP !nnl-,),Dn—rla_nrti r91Q an Annie ..
Revenue
1 I
ALS Charges ;114-000-342-061.001$ 4,000!$ 0
GENERAL FUND
1 I
Transfer In 1001-000-381-020.001$ 4,0001$ 0 s
Expense I I 11
Fellsmere Vol. Amb. Sauad 1001-110-526-088.571$ 4,0001S 0
EMERGENCY SERVICES DISTRICT
I i I
ATA Trnncfcar niit ni I& A ^^^I& ..
13
MAR - 2 1993
BOOK
88 PAGE 942 -1
K. Unemployment Compensation Budget Amendment 011
The Board reviewed the following memo dated February 24, 1993:
TO: Members of the Board
of County Commissioners
DATE: February 24, 1993
SUBJECT: UNEMPLOYMENT COMPENSATION
BUDGET AMENDMENT 011- CONSENT AGENDA
FROM: Joseph A. Baird
OMB Director
*----
DESCRIPTION AND CONDITIONS
The State of Florida, Department of Labor, has charged Indian River County for
Unemployment Compensation payments to former employees. A budget amendment is
required to reflect these payments.
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve budget amendment
011 to refund Unemployment Compensation payments, funding to come from
contingencies. .
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously (4-0,
Commissioner Bird being absent) approved Budget
Amendment 011 to refund Unemployment Compensation
payments, funding to come from contingencies.
TO: Members of the Board
SUBJECT:
BUDGET
AMENDMENT
of county Commissioners
NUMBER:
011
FROM: Joseph A. Baird
OMB Director
DATE:
February
24, 19,E
Entry i
Number! Funds/Depart ent/Account
i
Name
Account Number Increase
Decrease
i
1. !ate, F
;Recreation
!Unemployment Compensation
;001-108-572-012.1515
211
0
,Parks
'Unemnloyment Coa satin
-1001-210-572-012,151
2
' 0
,Personnel
1
i
Unemployment Comnensatinn
, .t.
IA
i
i
i
14
w
Road and Bridge
Utilities - water
Food and Beverage
-"J1 y-ft7F-
vim a�r�
L. Release of Utility Liens
The Board reviewed the following memo dated February 18, 1993:
TO: BOARD OF COUNTY COMMISSIONERS
Y�� 4e. 17
FROM: Lea R. Keller, CLA, County Attorney's Office
DATE: February 18, 1993
RE: RELEASE OF UTILITY LIENS
The attached lien releases are in proper form for the Board of County
Commissioners to authorize the Chairman to sign them so that they can
be recorded. They are as follows:
(1) Satisfactions of Impact Fee Extension
in the names of
BRENNAN
HERMAN •,,
MORRISON
CAVANOUGH/BROWN
(2) Release of Lien from North County Sewer Project
in the name of : v
FRANKE
F1.
HARoaK �� F��c- 943
MAR ® 2 199
(3) Releases of Liens from Rockridge Sewer Project in the
names of :
YOUNG
BUZZANCO
BOOK7
944
REQUEST: The Board approve the documents and authorize the
. Chairman to sign them.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously (4-0,
Commissioner Bird being absent) approved
satisfactions and releases of liens, as listed in
the above staff's memorandum.
SAID SATISFACTIONS AND RELEASES ARE ON FILE
IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY
M. Additional Right -of -Way Purchase; 26th Street (between Village
Green and 66th Avenue)
The Board reviewed the following memo dated February 23, 1993:
TO: James E. Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Direct
and �✓
Roger D. Cain, P
County Engineer
FROM: Donald G. Finney, SRA �•
County Right of Way Agent
SUBJECT: Additional Right -of -Way Purchase, 26th Street (between Village Green & 66th
Avenue)
DATE: February 23, 1993
Indian River County needs an additional 30 feet of right-of-way for the petition paving project on
26th Street. The Board of County Commissioners previously approved the purchase of the right-of-
way along this corridor on January 21, 1992.
The property owner, Vero Beach Jaycees, Inc. signed a sale/purchase contract at the land's appraised
value of $3,507.00 for the .23 acre right-of-way. There are no special conditions to the contract or
attorneys' fees. This purchase price equates to $35 per square foot.
16
Staff requests the Board accept the contract and authorize the Chairman's signature thereon.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously (4-0,
Commissioner Bird being absent) approved purchase of
right-of-way from Vero Beach Jaycees, Inc., at a
cost of $3,507, as recommended by staff.
CONTRACT FOR SALE AND PURCHASE IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
PUBLIC DISCUSSION - FALCON CABLE PRESENTATION
Telephone: (407) 50.80W
February 4, 1993
BOARD Or, COUNTY COMMISSIONERS
1840 251h Street, Vero Beach, Florida 32960
Mr. Ren Vickerd, general Manager
Falcon Cable
Poet Office Box 78-0249
Sebastian, FL 32978
Dear Mr. Vickeret
Suncom Telephone: 224-1011
Under the Cable Television Consumer 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
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 Falcon has recently increased its rates effective March 1, 1993, the
Board of County Commissioners invitee you 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
Fy]
MAR - 21993 BOOK E94-5
MAR
BOOK 88 PAGE 9461
Ren Vickers, General Manager of Falcon Cable, distributed an
information packet to the Board, including the following
information:
FALCON CABLE TV
SYSTEM STATISTICS
SYSTEM ESTABLISHED - 1970
ACQUISITION JUNE 1980 - JONES INTERCABLE, INC.
ACQUISITION JANUARY 1988 - FALCON CABLE TV
INDIAN RIVER COUNTY SUBSCRIBERS 2,400
TOTAL SUBSCRIBERS 7,800
INDIAN RIVER COUNTY MILES OF PLANT 101
TOTAL MILES OF PLANT 260
INDIAN RIVER COUNTY HOMES PER MILE 35
TOTAL HOMES PER MILE 39
INDIAN RIVER COUNTY SUBSCRIBERS PER MILE 24
TOTAL SUBSCRIBERS PER MILE 30
FALCON CABLE TV
SERVICE RATE CHART
BASIC SERVICE TIER
$12.95
'TIER - 1
$ 7.28
TIER - 2.
$ 5.95
HOME BOX OFFICE
$10.45
CINEMAX
$10.45
SHOWTIME
$10.45
THE MOVIE CHANNEL
$10.45
_ THE DISNEY CHANNEL
$ 9.45
ADDITIONAL OUTLETS
$ 3.95
REMOTE CONTROL CONVERTER
$ 4.75
NON -REMOTE CONVERTER
NIC
NOTE: ALL RATES AND CHARGES LISTED ARE LESS APPLICABLE STATE AND
LOCAL FEES.
18
FALCON CABLE TV
PROGRAMING SERVICES LINEUP
2 - WESH DAYTONA BEACH/ORLANDO
3 - WOFL ORLANDO
4 - WTVX FT. PIERCE
5 - WPTV WEST PALM BEACH
6 - WCPX ORLANDO
7 - WPBF WEST PALM BEACH
8 - WBSF MELBOURNE
9 - WFTV ORLANDO
10 - WMFE ORLANDO
11 - WIRB PALM BAY
12 - WPEC WEST PALM BEACH
13 - WFLX WEST PALM BEACH
14 - WTBS ATLANTA
15 - THE MOVIE CHANNEL
16 - MUSIC TELEVISION
17 - SHOWTIME
18 - ARTS AND ENTERTAINMENT
19 - HOME BOX OFFICE
20 - LIFETIME
21 - CINEMAX
22 - THE WEATHER CHANNEL
23 - THE DISNEY CHANNEL
24 - C -SPAN
25 - THE FAMILY CHANNEL
26 - QVC NETWORK
27 - CNBC
28 - BLACK ENTERTAINMENT TELEVISION
29 - VIDEO HITS ONE
30 - THE DISCOVERY CHANNEL
31 - ENTERTAINMENT AND SPROTS PROGRAMMING NETWORK
32 - TURNER NETWORK TELEVISION
33 - AMERCIAN MOVIES CLASSICS
34 - CABLE NEWS NETWORK
35 - LOCAL ORIGINATION/PUBLIC/GOVERNMENTAL ACCESS
36 - THE NASHVILLE NETWORK
37 - NICKELODEON
• 38 - USA NETWORK
39 - CNN HEADLINE NEWS
40 - COUNTRY MUSIC TELEVISION
Mr. Vickers related that Falcon Cable's predecessor was Indian
River Cablevision, a 12 -channel system formed in 1970. Several
networks were duplicated because the station is located in the
middle of the West Palm Beach and Melbourne -Daytona -Orlando
marketing areas. In 1979, the group of private investors that
owned the company learned that a substantial amount of capital was
needed to expand the system. They decided at that time to sell the
system, and in 1980 it was purchased by Jones Intercable. During
the eight years Jones Intercable owned the company, the system was
completely rebuilt and increased to 27 channels with capital raised
through limited partnership offerings. The station was sold to
Falcon Cable, also a limited partnership, in 1988.
Mr. Vickers stressed that besides providing entertainment,
Falcon Cable provides a number of services to the community,
including support of Special Olympics, Cystic Fibroses, and cable
television in classrooms. The company also helped build the
Chamber of Commerce Building in Sebastian.
19
BAR ® 2 1993 BOOK 88 FACE 947
BOOK 88 NAGE .48-7
Mr. Vickers pointed out that many stations would not be
available in this area if it were not for cable. There are
currently 39 channels available, including five premium channels.
He explained that the cost increase per channel has been lower than
increases in the consumer price index. Mr. Vickers then discussed
new Federal Communications Commission (FCC) mandates that will
benefit consumers but will cost money. For example, Falcon has to
meet certain maximum noise levels over the next 2-3 years, which
requires new electronics. The new regulations require cable
companies to provide a basic level of service at a lower cost than
they currently charge their customers.
Mr. Vickers predicted that cable companies will be faced with
increased competition in the future. South Indian River County has
a wireless cable operator, and telephone companies will soon offer
cable service. Satellite dishes are available, and the technology
is improving.
Commissioner Adams asked whether Falcon Cable would be willing
to broadcast tapes of BCC meetings, as they do for the City of
Sebastian.
Mr. Vickers explained. that Falcon Cable would be happy to
broadcast videotapes provided by the County. He mentioned that
live video broadcasts require a dedicated phone line, which costs
about $70 per month.
Commissioner Macht asked, and Mr. Vickers confirmed, that
there is a government channel used for these broadcasts.
The Chairman asked if anyone from the public would like to be
heard in this matter. There being none, he closed the public
discussion.
Attorney Vitunac advised that the new FCC rules will be
released in April and will be available to the Board. Under the
new rules, the County has the power to regulate cable rates. The
County will have six months to decide whether existing rates are
fair, and future rate increases will be subject to the approval of
the Board.
Commissioner Macht mentioned that a conference is planned for
this June in Orlando to explain the new rules to county franchise
officers and commissioners.
Vice Chairman Tippin indicated that no action was required of
the Board at this time.
Put
- M
� � r
PUBLIC DISCUSSION - REQUEST OF ROGER W. BOWER SR. REGARDING
DISPOSITION OF VERO BEACH ESTATES, BLOCK 18, LOT 13
The Board reviewed the following letter from Roger W. Bower
Sr. dated February 16, 1993:
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21
MAR - 2 1993 BOOK
L- 88 F,U ,�,F949
BOOK 88 PAGE 950-7
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Roger Bower Sr. came before the Board and announced that he
has been a resident of Vero Beach for about 13 years. He hoped the
Board would consider his request and that of his neighbor to
purchase the county -owned lot.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously (4-0,
Commissioner Bird being absent) authorized the sale
of one-half of Vero Beach Estates, Block 18, Lot 13
to Roger Bower Sr. and one-half to Duane Snyder.
COPIES OF DEEDS ARE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
PUBLIC HEARING - 34TH AVENUE/PINEWOOD ESTATES WATER SERVICE
RESOLUTION III
The hour of 9:05 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
says that he Is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a ZA 1211
i
I
In the matter
in the Court, was pub-
lished in said newspaper in the Issues of elf LCL �7 AN, 3
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and afflant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper. y/�//�
Sworn to and subscribed before me this �� y " - / tttJ6, 19
de of ��� C!_ L�
c.f , (Business Manager)
(SEAL) (Clerk of the Circuit Court,01ndian Ver County, Florida)
�i C Mmksiae bl"'n June 29, 1y%j
23
PUBLIC HEARING - PGIEWOOD ESTATES
WATER ASSESSMENT PROJECT
The Board of County CormPossionrers of Indian
Rhrer CouMv Fbrida, hereby provides notice of
PUBLIC WG Juled for 8:05 A.M. on
Tuesday - Mara 9, 1993, to discuss a D!oposed
resolution relating to a SPECIAL ASSESSMENT
PROJECT in h2n Rive County for the Installation
of WATER SERVICE FOR PINEWOOD ESTATES
(34TH AVENUE), and providing for special assess-
ment tens to be made of record on the properties
to be served.
Anyone who may wish to aal any decision which
may be made at this mee will need to ensure
Uiat a verbatim record of the proceedings is made,
Weal
Includes �testhrwny and evidence upon which
theAnyone who reeds a special accommodation for
this meeting may contact the County's Americans
with DWWUes Act (ADA) Coordinator at 567-
8W, Ext. 408, at least 48 hours In advance of the
Feb.1 -19, 1993 874288
MAR BOOK 88 P,aGE9 1
MA ® ?, 1993
Assessment
BOOK 88 F -Au 952, -7
Projects Manager James Chastain presented the
following memo dated February 18, 1993:
DATE: FEBRUARY 18, 1993
TO: JAMES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILITY SERVICES
PREPARED JAMES D. CHAST
2
AND STAFFED MANAGER OF ASS PROJECTS
BY: DEPARTMENT OF UTILITY SERVICES
SUBJECT: 34TH AVENUE/PINEWOOD ESTATES WATER SERVICE
INDIAN RIVER COUNTY PROXACT NO. UW -92 -25 -DS
RESOLUTION III - PUBLIC HEARING
BACKGROUND
On February 9, 1993, the Indian River County Board of County
Commissioners approved Resolution I (93-31) and Resolution II
(93-32). Resolution I contained the preliminary assessment roll
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
(93-31) was published in the Vero Beach PRESS JOURNAL on February
15, 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
16, 1993. The total estimated cost to be assessed is $32,236.00.
The cost per square foot is $0.090496. One of the lots -in this
subdivision on 8th Street is already on County water and was
originally included in the 12th Street Assessment Project. Approval
of the attached Resolution III will confirm and approve the
preliminary assessment. Additionally, utilizing the 10 -foot rear
lot line utility easements in accordance with the subdivision
regulations as stated in the subdivision plat requires maintenance
of said easements be accepted by the Board of County Commissioners.
The attached map displays
project. This project is
property owners along the
interim, financing will be
RECOMNBTDA ON
The staff of the
Board of County
the preliminary
County accept
easements, where
the area to benefit from the assessment
to be paid through the assessment of
proposed water line route. In the
through the use of impact fee funds.
Department of Utility Services recommends that the
Commissioners approve Resolution III, which affirms
assessment on the subject project and also that the
the maintenance of the 10 -foot rear lot line
the water lines will be installed.
24
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter.
Cornelius Hargis, 935 34th Avenue, came before the Board and
stated that she did not want the water.
Commissioner Tippin conveyed that in every area of the county,
there is somebody who does not want the water. He asked Mr.
Vitunac to discuss this.
Attorney Vitunac advised that individuals are not required to
accept the water but are legally required to pay for the cost of
the line going past their property because it improves the value of
property.
Mrs. Hargis felt that the County has no right to come onto her
private property to install the water lines.
Mr. Vitunac explained that the County had to redesign the
project because property owners in her subdivision refused to give
the necessary right-of-way, which resulted in a 14.5 percent cost
increase.
Utility Services Director Terry Pinto commented that the water
lines will be placed along the rear lot lines, where the County has
a dedicated utility easement.
It was determined that no one else wished to be heard and the
Chairman closed the public hearing.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously (4-0,
Commissioner Bird being absent) affirmed the
preliminary assessment on the subject project and
accepted the maintenance of the 10 -foot rear lot
line easements where the water lines will be
installed, as recommended by staff.
AFTER THIS MEETING WAS HELD, IT WAS DISCOVERED THAT THE ABOVE
PUBLIC HEARING HAD BEEN ADVERTISED FOR MARCH 9, 1993 INSTEAD OF
MARCH 2, 1993. IT WAS DECIDED THAT IT WOULD BE PUT BACK ON THE
AGENDA FOR NEXT WEEK"S BCC MEETING, THE PUBLIC HEARING WOULD AGAIN
BE OPENED FOR PUBLIC COMMENT, AND THE RESOLUTION WOULD THEN BE
PASSED.
25
MAR m 1991 BOOK NVUE 953
MAR
BOOK 88 PAGE 9541
CONSIDERATION OF DRAFT OF PROPERTY TAB ABATEMENT ORDINANCE
Community Development Director Bob Keating presented the
following memo dated February 24, 1993:
TO: James Chandler
County Administrator
FROM: Robert M. Keating, AICPjWK
Community Development Director
DATE: February 24, 1993
SUBJECT: CONSIDERATION OF DRAFT PROPERTY
TAX ABATEMENT ORDINANCE
It is requested that the data presented herein be given formal
consideration by the Board of County Commissioners at their regular
meeting of March 2, 1993.
DESCRIPTION & CONDITIONS:
As per a recent decision by the Board of County Commissioners, a
referendum on the issue of property tax exemptions for new or
expanding businesses has been scheduled for April 13, 1993. This
election will be conducted by mail, with ballots being sent out on
March 24, 1993.-
If the referendum passes, the Board will need to enact an ordinance
setting the parameters of the tax exemption program. While the
ordinance must be adopted prior to initiating the program, the
ordinance need not be adopted prior to the referendum. A draft
ordinance is attached to this agenda item for preliminary
consideration by the Board. Although no action can be taken by the
Board at this time, discussion and resolution of all issues
relating to the ordinance will facilitate its adoption once the
referendum passes.
Proposed Ordinance
The attached ordinance is the amended version of one of two drafts
considered by the Economic Development Council (EDC). This
proposed ordinance was approved unanimously by the EDC and
recommended to the Board for adoption. Since the EDC approved the
Proposed ordinance, substantial wording changes have been made by
the County Attorney's office to ensure that the ordinance wording
corresponds exactly to Florida Statute language, instead of
paraphrasing it. No substantive changes were made with these
revisions.
As drafted, the proposed ordinance correspond; to the provisions of
Florida Statutes Section 196.1995. In only one area is the
proposed ordinance more restrictive than the Statutes allow; that
relates to the duration of the exemption. While Florida Statutes
provides that an exemption may not extend for more than ten years,
the proposed ordinance limits exemptions to six years.
26
All other substantive provisions of the proposed ordinance come
directly from -the Statutes and represent the minimum criteria which
must be incorporated within a property tax exemption ordinance.
These provisions include:
•Definitions - The principal definitions relate to new
business and expansion of an existing business. According to
these definitions, a new business which is an industrial or
manufacturing plant must create ten or more full-time jobs,
while a non -industrial, non -manufacturing plant new business
must create twenty-five or more new full-time jobs and have a
sales factor less than .50 for the facility. (Sales factor is
a fraction, the numerator of which is the -taxpayer's sales in
Florida, while the denominator is the taxpayer's sales
everywhere.) Office space may also qualify as a new business
if it is.owned and used by a corporation newly domiciled in
the state and houses fifty or more full-time employees of the
corporation. The definition of expansion of an existing
business is similar.
-•Applicability - Tax exemptions may be given only to new
businesses or expansions of existing businesses as defined in
the ordinance.
•Exemption - The exemption shall apply to up to 100 percent
of the assessed value of all improvements to real property and
all tangible personal property of qualifying businesses.
•Taxes Exempted - The exemption shall apply only to county
imposed taxes, but shall not apply to school taxes or voted
taxes to retire bonds.
•Timeframe - Applications must be filed on or before March 1st
of the year the exemption is requested.
•Geographic Scope - The tax exemption shall apply in both the
incorporated and unincorporated areas of Indian River County.
•Procedure - Once an applicant applies for an exemption, the
Community Development Department in coordination with the
Property Appraiser prepares a report on the fiscal impact of
granting the requested exemption. This report and other
appropriate information is then considered by the EDC which
makes a recommendation to the Board of County Commissioners.
The Board makes the final decision regarding the requested tax
exemption based upon: anticipated number of employees, average
wage, type of industry or business, environmental impacts,
volume of business or production, and other criteria.
•Referendum
Besides considering the proposed tax abatement ordinance, the Board
must also address the issue of whether or not to provide
information to the public regarding the proposed referendum.
According to the County Attorney, the Board not only has the right
to provide information to the public regarding referendum questions
that it has placed on the ballot, but actually has the
responsibility to advocate passage of a referendum. issue deemed to
be in the public interest.
27
AR - 2 1,993BOOK � PAGE 955
r �A R 2
BOOK 88 PAE 956
To this end, staff has prepared a one page fact sheet which could
be mailed to all registered voter households in the County.
Estimated costs for printing and mailing this one page fact sheet
would be approximately $6,500.00. Unlike the environmentally
sensitive lands acquisition referendum brochure sent out by the
County last year, the proposed fact sheet would be mono -colored and
printed on regular paper, instead of being multi -colored and
glossy.
ALTERNATIVES & ANALYSIS
The proposed tax abatement ordinance, as drafted, complies with all
applicable Florida Statute requirements. with passage of the
referendum and adoption of the proposed ordinance, Indian River
County will then have the ability to offer tax exemptions to new
and expanding businesses in order to promote economic development.
As structured, the proposed ordinance provides considerable
discretion to the Board of County Commissioners with respect to
granting economic development tax exemptions. While
Section 215.07(2) of the proposed ordinance identifies various
factors for the Board to consider in making its decision, the
ordinance does not establish any criteria for those factors. For
example, the ordinance establishes average wage as one factor to
consider in evaluating a tax exemption application; however, the
ordinance does not establish acceptable wage levels for a business
to be given a tax exemption.
This relates to the issue of how the property tax exemption
authority is to be used. If property tax exemptions are considered
as only one of a number of economic development tools, then their
use would complement these other tools. As such, tax exemptions
would be given only in cases where it is necessary to attract a
business or industry that would otherwise locate elsewhere and when
the business or industry would be a major benefit to the local
economy. To use the property tax exemption authority in this way
requires a set of standards by which all applications can be
reviewed.
Alternatively, the tax exemption process can be structured to
provide maximum flexibility to the Board in considering property
tax exemption requests. As structured, the proposed ordinance
provides this flexibility. In recommending the proposed ordinance
to the Board, the EDC stated that flexibility was needed by the
Board to react to economic development opportunities.
With respect to the proposed ordinance, the Board has two principal
alternatives. First, the Board can maintain maximum flexibility by
approving the ordinance as drafted. Second, the Board could
establish specific criteria for approval of economic development
tax exemptions. These criteria should relate to the County's
objectives with respect to economic development. While
establishing such criteria reduces the Board's flexibility, it
provides for more consistency in decision making and ensures that
economic development objectives will be met.
As to the referendum, the Board has the option to inform voters of
the tax exemption issue through the proposed fact sheet or through
other means. Already, EDC members are informing the community of
the tax exemption issue through speaking engagements and personal
contact. Unlike those methods, the direct mail option provides an
opportunity to inform all voters, not just those that are members
of various groups.
28
- M
RECOMMENDATION
Staff recommends that the Board of County Commissioners:
• review the proposed ordinance and provide direction to staff;
and
• review the attached fact sheet and make any necessary changes;
and
• authorize staff to mail a copy of the fact sheet to every
registered voter household in the County with the cost of the
mailing -coming from general fund contingency.
Commissioner Tippin commented that the Board was not permitted
to take a position on an issue or make recommendations to voters
when he served on the Indian River County charter commission.
Attorney Vitunac advised that various court cases have changed
that. The latest case says that the Board not only has the right
to disseminate information in favor of a proposal, they have an
obligation to do so if they feel it would be in the best interests
of the public. He felt that the proposed fact sheet meets legal
requirements.
Commissioner Eggert explained that the most important purposes
of today's meeting were to determine whether the Board was
comfortable with limiting the abatement to six years, and to decide
whether to mail the fact sheet to voters.
Commissioner Macht felt it was futile to spend $6,500 on a
mailing because most people will just throw it away. He thought
publishing the information in the newspaper would be sufficient.
Commissioner Eggert felt that the Board had a responsibility
to the voters to mail a fact sheet because this is the first time
the County has ever done a referendum by mail. She emphasized that
a newspaper advertisement would get the message to the voters.
Commissioner Adams was opposed to the out-of-state sales ratio
requirement.
Commissioner Macht felt that abatement should not be granted
to a company with most of its sales within our own county.
Community Development Director Robert Keating explained that
the definitions in the proposed ordinance are mandated by state
law. Abatement probably could not be granted to a Wal-Mart or
similar store because the sales factor ratio requires a facility
such as a single Wal-Mart store to generate at least half its total
sales outside Florida.
Commissioner Macht would have preferred not to have the 10 -
employee minimum, because he felt that many desirable businesses
employ just 4-5 individuals. He would like to see provisions in
29
MAR - �, ��� BOOK 88 NVE ���
MAR - p Vq91
BOOK 88 PACE 958
the ordinance for a review process that would give the Board the
authority to terminate an abatement if circumstances changed.
Commissioner Eggert commented that the Board would have to
work with the state legislature if they wanted to get the
definitions changed.
Commissioner Adams did not object to granting abatement to
companies employing 10 or more people, because she felt that the
purpose of the abatement is to attract manufacturing and business-
related industries.
There was discussion regarding ambiguous definitions in the
proposed ordinance, and Commissioner Adams requested staff to
contact the appropriate individuals at the state level in order to
obtain more specific information.
Commissioner Adams asked, and Director Keating explained, that
fees would be based on the actual cost of staff's time to process
the applications. Since the cost to the County will be basically
the same for each application, a resolution to charge a standard
fee will be presented to the Board for approval.
MOTION WAS MADE by Commissioner Eggert, SECONDED by
Commissioner Adams to simplify the wording of the
fact sheet; to approve the mailing of the fact sheet
printed on a single sheet of paper at the lowest
possible cost not to exceed $6,500, with the cost of
the mailing coming from general fund contingencies;
to request the newspapers to publish articles about
the referendum; and to publish one display
advertisement funded through the County's current
advertising budget, notifying the public that a
referendum by mail is going to be held.
Under discussion, Commissioner Adams commented that she liked
the example on the fact sheet showing that the abatement would
apply to taxes on the value of improvements but not on land. She
pointed out that the fact sheet should not state that abatement
will provide high paid jobs, because it is uncertain whether high
paid or low paid jobs will result from the abatement. She
emphasized that the fact sheet should mention the deadline for
returning the ballots, and instead of saying 'Note FOR the tax
exemption" it should say "Your Board of County Commissioners
recommends voting FOR the property tax exemption."
30
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
was voted on and carried (3-1, Chairman Bird being
absent, Commissioner Macht voting in opposition).
APPROVAL OF RESOLUTION REAUTHORIZING IMPOSITION OF COUNTYWIDE E911
FEE
Emergency Services Director Doug Wright commented from the
following memo dated February 9, 1993:
TO: Board of County Commissioners
THROUGH: Jim Chandlenty Administrator
FROM: Doug Wright; Director
Emergency Services
DATE: February 19, 1993
SUBJECT: Approval of -Resolution Reauthorizing Imposition
of Countywide E911 Fee
It is respectfully requested that the information contained herein
be given formal consideration by the Board of County Commissioners
at the next regular scheduled meeting.
DESCRIPTION AND CONDITIONS:
The Florida Legislature in 1991 passed legislation amending Chapter
365.171, revising provisions relating to the "911" fee which
permits county governments to impose a fee on all residential and
business telephone lines to pay for expenses associated with the
operation of the E911 system with a cap of.$.50.
The revisions approved by the legislature provide for the following
actions:
1. Deleted the requirement for annual approval of a county's
recurring fee by the Division of Communications;
2. Specified that a fund be established exclusively for 911
fee revenues and expenditures;
3. Established that 911 funds be used only for specified
purposes;
4. Requires an annual audit of the fund;
5. Provides for carry over of funds; and
6. Provides for expenditure of fees for certain employee
positions.
In FY 91-92, the Indian River County Board of County Commissioners
approved imposition of .a $.48 fee per line (up to a maximum of 25
access lines per account bill rendered) per month to fund the
permitted charges and expenses of the two Public Safety Answering
Points (PSAP) in the County.
31
BOOK E959
r BAR ®�.
j o93
600K PH;F UN -1
Information from Southern Bell indicates that Indian River County
has a total of 61,000 lines which would be charged the 911 fee. If
the Board approves the recommended charge of $.48, the fee would
generate $351,360.80 in revenue, less the 1% Southern Bell
collection fee, which is sufficient to fund the prior approved
budget for the current fiscal year. The matter is now before the
Board of County Commissioners for approval of the Resolution
required to reauthorize the E911 fee for FY 92-93 at $.48 which is
the same as the past fiscal year.
ALTERNATIVES AND ANALYSIS:
The funds from the 911 fee will be utilized for staff maintenance
of the data base, one call taker position, operating expenditures,
capital outlay, and a contingency fund to ensure the integrity of
the system to timely direct emergency personnel so that the
protection of lives and property can be assured.
MOTION WAS MADE by Commissioner Eggert, SECONDED by
Commissioner Macht to adopt Resolution 93-42,
providing for the establishment of a countywide
"E911" telephone fee to pay for system charges, as
recommended by staff.
Under discussion, Commissioner Adams asked, and Director
Wright explained that the fee will be used to pay for one data base
coordinator, and about $42,000 will be transferred from the fund to
the Sheriff's Department to pay for one call -taker position.
Emergency Services Director Doug Wright further explained that the
surcharge is brought to the Board for approval every year after the
budget has been approved. However, there was a delay this year
because new state legislation was pending. The new requirements
did not affect the amount that counties would be permitted to
charge, so the recommended fee remains at $.48 per month.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously (4-0,
Commissioner Bird being absent).
32
� � r
RESOLUTION - 93-4,Z
RESOLUTION OF THE INDIAN RIVER COUNTY BOARD OF COUNTY
COMMISSIONERS PROVIDING FOR THE ESTABLISHMENT OF A
COUNTYWIDE "E911" TELEPHONE FEE TO PAY FOR SYSTEM
CHARGES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE INDIAN RIVER COUNTY ADMINISTRATIVE CODE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Legislature enacted House Bill 1223 which amended
Section 365.711, Florida Statutes, entitled "The Florida Emergency
Telephone Act" to permit the imposition of a "911" fee on all
residential and business telephone lines; and
WHEREAS, this fee may be used to pay for all charges assessed
to the countywide "911" emergency telephone system; and
WHEREAS, this fee may not exceed $.50 per line, per month; and
WHEREAS, the "911" fee will generate revenue which will pay
the cost of providing such service throughout the County including
the various municipalities; NOW, THEREFORE,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA:
Section. 1. That the Board of County Commissioners hereby
establishes a fee of $.48 per month per access liane'up to a maximum
of 25 access lines per account bill rendered. This fee shall be in
effect for 12 months from the effective date of this Resolution at
which time it shall be reviewed by the Board prior to the beginning
of fiscal year 1993-94.
Section 2. That in accordance with the provisions of Section
365.171, Florida Statutes, Southern Bell Telephone Company shall
collect such fees less an administrative fee of an amount equal to
one percent (1%)of the total "911" fee collected .by Southern Bell.
Section 3. That in accordance with the provisions of Section
365.171, Florida Statutes, Southern Bell shall provide to the
County on quarterly basis a list of the names, addresses, and
telephone numbers of any and all subscribers who have identified to
Southern Bell their refusal -to -pay the "911" fee.
Section 4. That pursuant to the authority set forth within
Section 365.171, Florida Statutes; Indian River County hereby
indemnifies and holds harmless Southern Bell Telephone Company
_ against liability for damages resulting from or in connection with
33
MAR
® 2 tll 900K �� F��E��
MAP BOOK 8 u F. 96
"911" service or identification of telephone numbers, addresses, or
names associated with any person accessing "911" service, except if
Southern Bell acts with malicious purpose or in a manner exhibiting
wanton and willful. disregard of human rights, safety or property in
providing such services.
Section 5. That the Board hereby authorizes that a letter be
sent to Southern Bell notifying them of the imposition of the fee,
that the fees shall be collected by Southern- Bell less an
administrative fee, that Southern Bell shall provide the County
with the above -referenced list and request written acknowledgement
from Southern.Bell regarding the imposed fees and other matters set
forth within the letter.
Section 6. SEVERABILITY
If any section, sentence, clause or phrase of this Resolution
is held to be invalid or unconstitutional by any court of competent
jurisdiction, then said holding shall in no way affect the validity
of the remaining portions of this Resolution.
Section 7. EFFECTIVE DATE
This Resolution shall become effective October 1, 1992.
The foregoing Resolution was offered by Commissioner
Eggert who moved its adoption. The motion was seconded by
Commissioner Macht and, upon being put to•a vote, the vote
was as follows:
Chairman Richard N. Bird ABSENT
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 2 day of March , 1993.
A=ST
BOARD OF COUNTY COMMISSIONERS
INDIAN RIV R COUNTY, FLORIDA
BY
(!'N�_ TIPPIN; Vi e . airman
Ir
Jef K 'Barton� Clerk �G
34
J
r o r
APPROVAL OF RESOLUTION ADOPTING B911 CAPITAL IMPROVEMENT PROGRAM
AND CAPITAL EXPENDITURES - BUDGET AMENDMENT 016
The Board reviewed the following memo dated February 19, 1993:
TO: Board of County Commissioners
THROUGH: Jim Chandl r, C unty Administrator
FROM: Doug Wright{, Director
Emergency Services
DATE: February 19, 1993
SUBJECT: Approval of Resolution Adopting E911 Capital
Improvement Program and Capital Expenditures
It is respectfully requested that the information contained herein be
given formal consideration by the Board of County Commissioners at
the next regular scheduled meeting.
DESCRIPTION AND CONDITIONS:
In 1991, the Florida Legislature revised Chapter 365.171, Florida
Statutes, which, among other things, provides for unspent 911
surcharge accumulated moneys to be carried over each year for the
purpose of a capital improvement program. The law requires that the
projected expansion or replacement program expenditures for 911
equipment be adopted by resolution of the Board of County
Commissioners.
Staff has identified an unspent balance of $300,000 in the 911
surcharge revenue account which would be used for capital improvement
and replacement of equipment at the primary and secondary Public
Safety Answering Points. It is proposed that the following plan be
approved and adopted by the Board of County Commissioners:
INDIAN RIVER COUNTY E911 CAPITAL IMPROVEMENT PLAN
Indian River County has identified that improvements to the existing
E911 system are necessary relating to replacing out dated consoles
and associated equipment which are not equipped to handle public
safety advanced informational services. An evaluation of both
present and emerging technologies identify that existing equipment is
dependent on obsolete features and functionality which will become
increasingly ineffective without major improvements.
The features now incorporated into ANI, ALI, and selective routing
architecture are unsuitable and incompatible for the new technology
coming on line. Limited data presentation on screen for E911 staff
limits and impairs a more timely response in tracking events without
multiple physical functions on the part of the operator. Therefore,
console efficiency and equipment associated with multi -functions and
capabilities has been determined to be a priority and revenue
expenditure is initially focused on this realm of system upgrade.
35
MAR ® 2 199,3 Boa 88 PnE963
MAR ® 2 19913'
PROPOSED EXPENDITURE PLAN
NgMBER TYPE MUIPMEPT ESTIMATED COST
5 Consoles CRT type, 800MHz ready $225,225
with CEC base, managers, consoles
interface, CEC switches, channel
expansion cards, systems interface,
microphones, headset jacks
5 Labor install consoles, installation 55,500
hardware and related equipment
1 Logging recorder with extension 150,250
card
Contingency fund 4,025
ESTIMATED GRAND TOTAL $300,000
ALTERNATIVES AND ANALYSIS:
The stated plan is designed to upgrade the primary PSAP in the first
year since a majority of the calls are dispatched from this facility
and the secondary PSAP would receive a similar upgrade in the
following fiscal year if, and as soon as, funds are available.
It should be noted that the concept of totally centralizing
communications in the county is under consideration wherein a truly
integrated public safety communications system would be realized.
Some of the benefits which could be realized from such a system could
potentially be reduced expenditures for operating cost and increased
levels of efficiency from data sharing across agency and functional
lines.
Approval of the resolution relating to adoption of the Indian River
County E911 Capital Improvement Plan will allow the surcharge revenue
fund balance to be carried over into the current fiscal year for
system upgrade and improvements. The Purchasing Manual will be
followed in purchasing equipment/services for this system upgrade.
RECOMMENDATION:
Staff recommends the Board approve the resolution adopting the Indian
River County Capital Improvement Plan to carryover the E911 surcharge
revenue for emergency communications systems improvements and
upgrade.
Commissioner Adams asked, and Emergency Services Director Doug
Wright explained that staff has accumulated this money over the
past 7 years for the purpose of replacing the equipment, which is
now out of date due to new technology.
ON MOTION by Commissioner Macht, SECONDED by
Commissioner Eggert, the Board unanimously (4-0,
Commissioner Bird being absent) adopted Resolution
93-43, E911 capital improvement program, as
recommended by staff and approved the necessary
budget amendment as follows:
36
LJ�
TO: Members of the Board
of County Commissioners
FROM: Joseph A. Ba
OMB Director
Entry
SUBJECT: BUDGET AMENDMENT
NUMBER: 016
DATE: March 25, 1992
�.a5ai rurwaru
; 1LU-VUU-j5V-U4U UU i S
I
ZOO
000 i S 0
�
WHEREAS, the County currently has unspent funds
and capital improvement
needs; and
EXPENSE
!Maintenance Other EcruiDment
1120-133-519-034.69$
45
500$ 0
!Other Operating
1120-133-519-035.291$
4,0251$
0
1
OF
INDIAN RIVER COUNTY, FLORIDA, that the unspent balance of $300,000 shall
i
1
! enmmiini pati nn= T?miirnmAnt
i 11
n M 16
, cn
A-,� i A ,.
RESOLUTION NO. 93-.43)
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
ADOPTING E911 CAPITAL IMPROVEMENT PROGRAM.
WHEREAS, the Florida Emergency Telephone Act provides that unspent
911
surcharges may be used for capital improvements; and
WHEREAS, the County currently has unspent funds
and capital improvement
needs; and
WHEREAS, the said Telephone Act requires that this - action be
by
resolution,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS
OF
INDIAN RIVER COUNTY, FLORIDA, that the unspent balance of $300,000 shall
be
used for the following expenditures:
Number Type Equipment
Estimated Cost
5 Consoles CRT type, 800 MHz ready
$225,225
with CEC base, managers, consoles
interface, CEC switches, channel
expansion cards, systems interface,
microphones, headset jacks
5 Labor install consoles, installation
55,500
hardware and related equipment
1 Logging recorder with extension card
15,250
Contingency fund
4,025
ESTIMATED TOTAL
$300,000
37
MAR - 2 199 8®0K 8� Fa,F 965
MAR - � t�
BOOK 88 PAGE 966-1
The resolution was moved for adoption by Commissioner Macht , and
the motion was seconded by Commissioner Eggert , and, upon being put to a
vote, the vote was as followsa
i.
Chairman Richard N. Bird ABSENT
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 2 _ day of March , 1993.
BOARD OF COUNTY COMMISSIONERS
�-^� INDIAN RIVER COUNTY, FLORIDA
to
_ By
J N W. TIPPI,
Jeffrey K.,Barton, Clerk Ce Chairman
APPROVAL OF FY 92-93 EMERGENCY MANAGEMENT ASSISTANCE AGREEMENT AND
PURCHASE OF CAPITAL EQUIPMENT
The Board reviewed the following memo dated February 23, 1993:
TO: Board of County Commissioners
THROUGH: Jim Chandle , C unty Administrator
FROM: Doug Wright" Director
Emergency Services
DATE: February 23, 1993
SUBJECT:. Approval of FY -92/93 Emergency Management
Assistance (EMA) Agreement and Purchase of
Capital Equipment
It is respectfully requested that the information contained herein
be given formal consideration by the Board of County Commissioners
at the next scheduled meeting.
DESCRIPTION AND CONDITIONS:
The Department of Emergency Services, Division of Emergency
Management, has received the attached FY -92/93 Emergency Management
Assistance (EMA) Agreement from FEMA through the Florida Department
Of Community Affairs in the amount of $31,966. The Division of
Emergency Management has successfully participated in the EMA grant
program for several years and this year's proposal represents an
increase of more than $6,000 over last year. Please note that no
additional funding is required on the part of the County to execute
this agreement.
38
With Board approval, the funds will be utilized to complete the
Scope of Work contained in the agreement within the allowed time
frames and the increase would be used to purchase a computer with
software to be used exclusively with the Emergency Information
System in the emergency management program.
Due to a delay at the Florida Department of Community Affairs, we
are receiving the proposed funding later than usual in terms of the
fiscal year. Even though the delay has placed us well into the
second quarter, we remain eligible to receive all proposed funding
allowable within the agreement on an annualized basis for the full
current fiscal year.
Staff recommends that the funds be utilized in the Division of
Emergency Management budget (208) with $14,641 for salaries in
account 011.12; $9,726 -in account 039.02; and $2,500 in account
039.99. This action would be consistent with utilization of these
grant funds in prior fiscal years. Staff also seeks approval to
use $5,099 of the $6,000 increase to purchase the following
computer hardware/software:
EQUIPMENT ESTIMATED COST
386/40 CPU w/math coprocessor $1,016
VGA Card & Monitor 350
4 MEG Memory Addition 208
120 MEG Hard Drive 400
Windows 3.1 Software 300
*EIS/Windows Software 2,500
Installation Setup/Labor 325
GRAND TOTAL $501099
* Emergency Information System software license is in place. This
is an upgrade which will enhance the emergency management software.
ALTERNATIVES AND ANALYSIS:
The allocation of funds is based on monitoring reports and an on-
site inspection of the local Emergency Management program which is
conducted by the Florida Department of Community Affairs. During
the last program analysis and evaluation, the Division of Emergency
Management received the maximum allowable score by the review
committee. Acceptance and approval of this agreement by the Board
will allow. this department to continue to improve and expand
current programs.
RECOMMENDATION:
Staff recommends approval of the FY -92/93 Emergency Management
Assistance ,Agreement and grant revenue utilization as stated.
Staff also requests the Board authorize the Chairman to execute the
appropriate documents to secure the funding of $31,966 as proposed
and allocated.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously (4-0,
Commissioner Bird being absent) approved the FY 92-
93 Emergency Management Assistance Agreement and
grant revenue utilization, in order to secure
funding in the amount of $31,966.00 from the State
of Florida, as recommended by staff.
AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
39
MAR - 2 19,93 BOOK 8� PnF 96�
-7 BOOK 88 F'A,E 968
ARCHIE CARR SEA TURTLE REFUGE INTERIM LEASE AGREEMENTS
Public Works Director Jim Davis commented from the following
memo dated February 18, 1993:
TO: James E. Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director
FROM: Terry B. Thompson, P.E.
Capital Projects Manage
SUBJECT: Archie Carr Sea Turtle Refuge
Interim Lease Agreements
No. 3968 (Dean Chevrolet/Kennedy - Hunter Parcel)
No. 3969 (Fernandez Ocean Hideaway/Balogh Parcel)
DATE: February 18, 1993
DESCRIPTION AND CONDITIONS
At the December 3, 1992 meeting of the Parks and Recreation
Committee, draft forms of the attached Interim Lease
Agreements were considered. Dawn - Griffin from the
Department of Natural Resources (DNR) and Dorn Whitmore from
the United States Fish and Wildlife Services (USFWS)
attended the meeting to represent their respective agencies.
The Parks and Recreation Committee was concerned that if the
County executes these leases, it might jeopardize possible
future development of the Treasure Shores Park property.
The DNR assured the Committee that the leases would have no
effect on future development options. The leases were
intended to provide the County with some options in case
USFWS does not allow development in certain areas of the
Treasure Shores Park property. If the County does not enter
into these interim leases, the land will be leased to USFWS
for the Archie Carr Sea Turtle Refuge.
The USFWS indicated that a more intensive beach mouse survey
must be performed before any further development of the
Treasure Shores Park property. They also indicated that the
County will probably have to develop a Habitat Conservation
Plan prior to further development.
The Interim Lease Agreements have now been finalized. The
attorneys from all three agencies (County, State and
Federal) have reviewed and approved their content and form.
Attached is the finalized Interim Lease Agreements whereby
Indian River County and the USFWS agree to enter into joint'
management of State-owned sites identified on the attached
map.
KA_Ztsi�; i I I ov•i 40
Staff recommends that the Board authorize the Chairman to
execute the attached Interim Lease Acreements_
40
M M M
Public Works Director Jim Davis explained that the above
parcels have been purchased by the state and are located close to
Treasure Shores Park. The County has been working with federal and
state government agencies on cooperative lease agreements for the
parcels with the intent of making them part of the Archie Carr Sea
Turtle Refuge. Since the County has been restricted from further
development of Treasure Shores Park due to the presence of the
southeastern beach mouse, it might be possible for the County to
open these parcels for recreation on a limited basis in the future,
provided the sea turtle nesting habitat along the shoreline is
adequately protected.
Commissioner Eggert asked if the Florida Department of Natural
Resources is willing to put that in writing.
Director Davis explained that it was placed on record at the
Parks and Recreation Committee meeting, although he does not have
formal correspondence to that effect. He felt that this was the
best option for the County under the present circumstances.
ON MOTION by Commissioner Adams, seconded by
Commissioner Eggert, the Board unanimously (4-0,
Commissioner Bird being absent) agreed to execute
interim lease agreements whereby the County and the
United States Fish and Wildlife Service will enter
into joint management of state-owned sites, as set
forth in the above staff memorandum.
LEASE AGREEMENTS ARE
ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
41
MAR ® 2 1993 BOOK FAGE�9
MAR ®2 19,9BOOK
1992-93 ROAD RESURFACING PROGRAM
88 FAUIE 970-1
Public Works Director Jim Davis presented the following memo
dated February 23, 1993:
TO: James E. Chandler,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Director
SUBJECT: 1992/93 Road Resurfacing Program
DATE: February 23, 1993 FILE: resurf.agn
DESCRIPTION AND CONDITIONS
Over the past seven years, the Public Works Department has undertaken a paved road
widening and resurfacing program as budgeted in the Road and Bridge Division's Annual
budget. It has been staffs goal to construct 3' or 4' paved shoulders on all County Arterial
and Collector paved roadways where sufficient right-of-way exists. The paved shoulders
provide for better roadway maintenance (eliminating edge of pavement drop-offs and build-
up) and provide a paved surface for bicycle traffic. This year, $470,000 is available for road
widening and resurfacing in Account #111-214-541-035.31 and 035.34. In addition, Fund
109 (Secondary Road Construction funded by Local Option Gas Taxes) contains $1,150,000
for widening and resurfacing improvements to Roseland Road and CR510. A detailed cost
estimate for these two projects has been prepared since last years budget session, and staff
is of the opinion that Roseland Road has sufficient Right -of -Way to accommodate the
project. Originally, Right -of -Way acquisition was anticipated. As a result, more projects
can be implemented with the $1,150,000 budgeted in Fund 109.
ALTERNATIVES AND ANALYSIS -.
Staff has inspected and analyzed the County road system and recommends the attached list
of road widening and resurfacing projects for FY 92/93.
RECOMMENDATIONS AND FUNDING
It is recommended that the attached list of road resurfacing and widening projects be
approved. Funding to be as follows:
Road and Bridge Div. Fund 111 $ 472,614
Secondary Road Trust Fund 109 $1,009,090
Total Program $1,481,704
The above funds are available in the respective accounts.
42
LJ
00
00
Rl
t�
L
FUND 111-214(ROAD AND BRIDGE DIVISION)
ROAD FROM TO LENGTH LENGTH WIDTH WIDEN LIMEROCK LIMEROCK ASPHALT ASPHALT TOTAL
MILES FEET TONS COST TONS COST
4th St. 43rd Ave 27th Ave. 0.9 4,850 20 8 1460 $9,928.00 1140 $34,200.00 $44,128.00
1st St SW 43rd Ave. 27th Ave. 1 5,240 20 8 1580 $10,744.00 1230 $36,900.00 $47,644.00
5th St. SW 43rd Ave. 27th Ave. 1 5,240 20 6 1230 $8,364.00 1140 $34,200.00 $42,564.00
(Utility Pole Relocation/RW Acquisition)
20th Ave. 1st St SW 8th St. 1 5,240 20 8 1580 $10,744.00 1230 $36,900.00 $47,644.00
CR507 101st St. N. County Line 3 15,840 18 10 6075 $40,710.00 4100 $123,000.00 $163,710.00
(Utility Pole Relocation/Tree Stump Removal)
6 Ave. 12th St. 20th St 0.8 4,430 Varies -- -- -- 820 $24,600.00 $24,600.00
43rd Ave.SW 25th St. SW 9th St. SW 2 10,598 20 8 3180 $21,624.00 2470 $74,100.00 $95,724.00
(Tree Stump Removal/Utility Pole Relocation)
11 th Ave. 4th St. 6th St. 0.24 1,294 20 -- -- -- 2470 $6,600.00 $6,600.00
FUND 111-214 Total $472,614.00
FUND 109 (SECONDARY TRUST FUND)
4th St.
27th Ave.
Old Dixie
1.4
7,400
20
8
2200
$14,740.00
1730
$51,900.00
$66,540.00
Roseland Rd.
CR512
US 1
5
26,400
20
10
10110
$67,737.00
7333
$220,000.00
$287,737.00
CR510
CR512
US 1
6
31,680
.20
10
12140
$81,400.00
8800
$254,000.00
$345,400.00
43rd Ave.
4th St.
19th St.
1.83
9,710
20
10'- 22'
4650
$31,165.00
3000
$90,000.00
$121,165.00
37th St.
US 1
Indian River BI
1
5,230
24
8'- 20'
2200
$14,750.00
3205
$96,150.00
$110,900.00
(Barber Ave.)
Curbing along 37th St.
8,440 LF x $5.70
$56.548.00
99th St.
61 st Ct
US 1
0.4
--
20
8
600
$4,200.00
550
$16,500.00
$20,700.00
FUND 109 (Secondary Trust Fund)
$1,009,090.00
t .............
►1 46i ...-04 0�
7 BOOK 88 Fr,,E 72
Commissioner Eggert asked about the status of SR-AlA, and
Director Davis explained that two parcels must be acquired before
SR-A1A can be widened.
R. J. Pina, 6535 3rd Place, did not think 4 feet on the side
of the bank for pedestrians is adequate. He could not understand
why the County is spending $1 million in road improvements when
there are no sidewalks in many areas. He felt that sidewalks could
be made of asphalt instead of concrete to save money.
Commissioner Adams explained that there is a master plan to
construct bike paths and sidewalks all over the county, but
acquiring right-of-way continues to be a major hindrance. She
suggested he visit the Planning Department to get additional
information.
Commissioner Tippin pointed out that there were almost no
sidewalks in the county 10 years ago.
Mr. Pina distributed newspaper clippings to the Board
demonstrating how many people have been killed on their bicycles.
He emphasized that there are sidewalks in areas where nobody uses
them, such as South County Park, but there are no sidewalks where
they are needed.
Director Davis explained that one-half mile of sidewalk has
been completed recently along 4th Street. The County recently
acquired additional right-of-way, and within the next month there
will be a continuous sidewalk on 4th Street from 37th Avenue to
20th Avenue. Director Davis emphasized that every road project in
the county includes sidewalks or bike paths.
Jean Euler, representing Euler's Schwinn Cycling and Fitness
Center, emphasized that the only time anything gets done is when
somebody gets killed. She felt that sidewalks could be constructed
with County funds and matching grant money.
Commissioner Tippin commented that the Recreation Committee is
already trying to find ways to speed up this project.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously (4-0,
Commissioner Bird being absent) approved the 1992-93
road resurfacing program, using available funds in
the amount of $1,481,704.00, as recommended by
staff.
44
PELICAN ISLAND 90TH ANNIVERSARY CELEBRATION
The Board reviewed the following memo dated February 19, 1993:
TO: James E. Chandler,
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director
FROM: Jeanne Bres
Traffic Coo
SUBJECT: Pelican Island 90th - Anniversary Celebration
(5K Run and Festivities)
DATE: February 19, 1993
DESCRIPTION AND CONDITIONS
The Pelican Island Celebration Committee and the U.S. Fish &
Wildlife Service are planning a 5K run consisting of approximately
100 runners and celebration festivities at the Riverside Park in
the City of Sebastian, on March 14, 1993.
The 5K run is proposed to take place on Indian River Drive from
Riverside Park north to Davis Street then back to Riverside Park.
The committee is requesting permission to close Indian River Drive
to local traffic only, from 7:30 a.m. to 9:00 a.m. for the duration
of the race. This will ensure the safety of the runners and will
lessen any potential vehicular conflict with the pedestrians.
Also, the committee is requesting to close Indian River Drive
completely between Harris and Cleveland Streets from 7:30 a.m. to
6:00 p.m. Emergency vehicle access will be maintained at all times.
Indian River County Traffic Engineering will supply the proper
barricades and deliver them to the site. Advanced publicity in
local newspapers will be employed to inform citizens of the event.
ALTERNATIVES & ANALYSIS
The request for approval from the Indian River County Board of
County Commissioners to hold the Pelican Island 90th Annual
Anniversary Celebration (5K run along Indian River Drive) and to
close Indian Drive between Harrison and Cleveland Streets is the
proposal before the Board at this time. The Board may grant or
deny this request.
RECOMMENDATIONS & FUNDING
Staff recommends the Board of County Commissioners approve these
requests provided that the Pelican Island Celebration Committee and
Merritt Island National Wildlife Refuge officers maintain access to
emergency vehicles and that all points of closure are manned as
agreed for the duration of the event.
Liaison activities
personnel, Indian
Sebastian Police
Engineering.
will be maintained between the committee, refuge
River County Sheriff's Department, City of
Department, and Indian River County Traffic
45
MAR m 2 1993 9001( F;1GE U-73
MAR o
BOOK 88 PnE 974
Commissioner Eggert commented that the Board should be
selective when approving these requests because of the cost to the
County.
Director Davis explained that staff will drop the barricades
off and pick them up on a weekday, so it will not cost the County
any money for overtime.
MOTION WAS MADE by Commissioner Adams, SECONDED by
Commissioner Eggert to approve the requests of the
Pelican Island Celebration Committee and the U. S.
Fish and Wildlife Service to close Indian River
Drive between Riverside Park North and Davis Street
to local traffic only on March 14, 1993 for a 5K
race between 7:30 a.m. and 9:00 a.m., and to close
Indian River Drive completely between Harrison and
Cleveland Streets from 7:30 a.m. to 6:00 p.m., as
recommended by staff.
Under discussion, Commissioner Macht as zed if any of the above
areas are within the Sebastian city limits, and Director Davis
explained that Harrison and Cleveland Streets are in Sebastian, but
Indian River Drive is in the county.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously (4-0,
Commissioner Bird being absent).
FAIRGROUNDS RESTROOM FACILITY - AUTHORIZATION TO SIGN CONTRACT:
ISSUANCE OF NOTICE TO PROCEED: APPROVAL OF CHANGE ORDER NO. 1
The Board reviewed the following memo dated February 22, 1993:
TO: James E. Chandler,
County Administrator DATE: February 22, 1993 FILE: FAIRRCOLAGN
FROM: James W. Davis, P.E.,
Public Works Director
SUBJECT: Request for Authorization to Sign Contract;
Issuance of Notice to Proceed;
Approve Change Order No. 1;
FAIRGROUNDS RESTROOM FACILITIES
DESCRIPTION AND CONDITIONS
On January 12, 1993, John Vetter & Sons, Inc. was awarded the Contract to
construct the Fairground Restroom Facilities. The low bid submitted was
$156,953.84 and is substantially over the project budget. Rather than cancel the bids
and re -bid the project, the Board decided to postpone the addition of lighting an
46
additional baseball field at Hobart Park and assign $110,000 to the restroom
facilities, provided the Architect could scale down the project to fit the budget.
RECOMMENDATIONS AND FUNDING
Attached for your consideration is Change Order No. 1 reflecting the changes made
and the Contract for the construction of the .Restroom Facilities at the County
Fairgrounds. Staff recommends that the Chairman be authorized to execute the
Contruction Contracts in the amount of $156,953.84 and Change Order No. 1 which
reduces the Contract amount to $110,665.48. Funding to be from 004.210-572-
066.29.
During discussion regarding the original budget for this
project, Director Davis explained that the original amount budgeted
was $80,000. Transferring $30,000 from the Hobart Park south
baseball field lighting project resulted in a total.of $110,000
being budgeted to the restroom facilities.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously (4-01
Commissioner Bird being absent) approved contract
with John Vetter & Sons, Inc. in the amount of
$156,953.84, and Change Order No. 1 in the amount of
$(46,288.36), resulting in a net contract amount of
$110,665.48, as recommended by staff.
CONTRACT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
GIFFORD PARK PARKING LOTS AND COURT RESURFACING - IRC BID 3066
The Board reviewed the following memo dated February 10, 1993:
TO: James E. Chandler
County Administrator
FROM: James W. Davis, P.E.
Public Works Director
SUBJECT: Award of Bids
Gifford Park Parking Lots and Court Resurfacing
IRC Bid $3066
DATE: February 10, 1993
DESCRIPTION AND CONDI'rICI R
In the 1991/92 annual budget, $31,535 was allocated for
parking lot paving improvements and tennis/basketball court
resurfacing. Bids were received on January 29, 1993, with
three bidders responding.. The low bid was submitted
JoBear, Inc., Palm Bay, Florida in the amount of $60,737.72.
47
MAR ® 2 199,3
800K 88 PAGE 975
MAR m 2 �99,1
BOOK 88 PAGE 976
ALT�rrAT=vgs AND MMYSiS
The preliminary estimate for the projects, which was
prepared when the budget was proposed in the spring of 1991,
was not based upon a completed design. The three bids for
the project only varied, by $6,000. The project could be
scaled down in scope by eliminating some of the 37 parking
y spaces (approximately $45,000 of the $60,737.72 is
attributable to the parking lots), however, demand at the
park warrants the 37 spaces. The alternatives presented are
as follows:
Alternative No.l
Appropriate the $60;737.72 from general fund
contingencies and award the low bid to JoBear, Inc. of
Palm Bay, Florida.
Alternative No. 2 -
Reject all bids and construct basketball court
resurfacing with the County's annual asphalt
resurfacing contractor. The court resurfacing is
estimated to cost $16,000. Parking lots could be
constructed by Road and Bridge Division with a material
cost of 15,535.
Alternative No. 3
Reject all bids and cancel both projects. The County
has expended approximately $4,000 in engineering fees,
permit costs, and site plan approval costs at this
time. All permits for the project have been acquired,
including a St. Johns River Water Management District
permit.
Alternative No. 2 is recommended whereby the County Road
and Bridge Petition Paving Division constructs the parking
lots and court resurfacing at an approximate cost of $31,535
in materials. All bids would be rejected. Funding would be
from general fund contingency.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously (4-0,
Commissioner Bird being absent) agreed to reject all
bids and authorize the County Road and Bridge
Petition Paving Division to construct the parking
lots and court resurfacing at an approximate cost of
$31,535.00 in materials, as recommended by staff.
48
RESOLUTION SUPPORTING WEIGHTED VOTING FOR THE TREASURE COAST
REGIONAL PLANNING COUNCIL
- Commissioner Eggert announced that an amendment has been added
to the Environmental Land Management Study (ELMS III) bill
providing for weighted votes as follows: Indian River County -
1.436 votes per representative; St. Lucie County - 1.438; Martin
County - 1.15; and Palm Beach County - .575. This gives each
county an equal amount of voting power. The amount of dues is
based upon population and will not change. Commissioner Eggert
explained that Palm Beach County insisted on staying in the
Treasure Coast Regional Planning Council (TCRPC), and this
amendment is a compromise. Ironically, Palm Beach County
previously left the South Florida Regional Planning Council because
of voting inequities. If the resolution is adopted, it will be
sent to Ron Sanders, the head of the Department of Community
Affairs committee, and copies will be sent to State Representative
Ren Pruitt and our legislative delegation.
MOTION WAS MADE by Commissioner Eggert, SECONDED by
Commissioner Macht to adopt Resolution 93-44,
supporting weighted voting for the Treasure Coast
Regional Planning Council.
Under discussion, Commissioner Adams suggested that the Board
include a statement in the resolution to the effect that Palm Beach
County should be removed from the TCRPC.
Commissioner Eggert felt that the proposed amendment is
sufficient because the regulatory power of the TCRPC is already
being removed and the voting power is now equal among the four
counties. She stressed that the Board has made its point and will
probably be treated differently in the future.
THE CHAIRMAN CALLED FOR THE QUESTION.'
It was voted on and carried unanimously (4-0,
Commissioner Bird being absent).
49
600K 88 fr?GC 977
BOOK 88 PnE 978
RESOLUTION NO. 93- 44
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, SUPPORTING WEIGHTED VOTING FOR
THE TREASURE COAST REGIONAL PLANNING
COUNCIL.
WHEREAS, the Treasure Coast Regional Planning Council is composed of
Palm Beach County, Martin County, St. Lucie County, and Indian River
County; and
WHEREAS, because voting representation of the Council is determined
by population, Palm Beach County has ten votes out of the 23 currently
allowed for the Council; and
WHEREAS, the three northern counties feel that a more equitable
division of the voting power would remove any appearance of domination of
the Council by Palm Beach County; and
WHEREAS, Representative Ken Pruitt has proposed to amend the ELMS
III Bill by the insertion of language which would provide for an equal block
of votes . for each of the four counties; and
WHEREAS, Indian River County believes that this amendment is in the
public interest,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. Indian River County encourages the Florida Legislature to adopt the
weighted voting proposal submitted by Representative Ken Pruitt
concerning the Treasure Coast Regional Planning Council.
2. Copies of this resolution be sent to the Indian River County Legislative
Delegation and appropriate legislative committees.
The resolution was moved for adoption by Commissioner Eggert ,
and the motion was seconded by Commissioner Macht and, upon being
Put to a vote, the vote was as follows:
Chairman Richard N. Bird ABSENT
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 2n_ d day of March , 1993.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Attest:
By
'john W. Ti ppi n
Jeffrey K. Baron, Gl�rk Vice Chairman
r— /
j 7'• rY T.. c "e f �& a civ , 1� /I At, ft.
50
SOLID WASTE DISPOSAL DISTRICT
Chairman Bird announced that immediately upon adjournment the
Board would reconvene sitting as the Commissioners of the Solid
Waste Disposal District.
Those Minutes are being prepared separately.
There being no further business, on Motion duly made, seconded
and carried, the Board adjourned at 11:10 A. M.
ATTEST:
J. . Barton, Clerk
51
F'4' z Lam_
MAR - 2