HomeMy WebLinkAbout6/8/1993MINUTES ATTACHED
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
A G E N D -A
REGULAR MEETING
TUESDAY. JUNE 8, 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) James E. Chandler, County Administrator
John W. Tippin, Vice Chairman (Dist. 4)
Fran B. Adams (Dist. 1) Charles 0. Vitunac. County Attorney
Carolyn K. Eggert (Dist. 2)
Kenneth R. Macht (Dist. 3) Jeffrey K. Barton, Clerk to the Board
9: 00 A. M. I - CALL TO ORDER PAGE
2. INVOCATION - None
3. PLEDGE OF ALLEGIANCE - Comm. Fran B. Adams
4.- ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
11.E.2. Resolution approving preliminary financial
statement on Golf Course bonds
S. PROCLAMATION AND PRESENTATIONS
None
6. APPROVAL OF MINUTES
A. Special Joint Meeting of May 5, 1993
B. Regular Meeting of May 11, 1993
7. CONSENT AGENDA
A. Received and placed on file In Office of
Clerk to the Board:
Fellsmere Water Control District Annual
Budget for FY 1993-94
Report of Convictions - month of May
B. Release of Utility Liens
(memorandum dated May 28, 1993)
C. County Tax Deed Applications
(memorandum dated May 261, 1993)
D. Bill of Sale of Utility Facilities
Captain Hiram's Lift -Station
(memo6ndum dated May 28,1993)
BOOK 8 9 75 0
r- BOOK U —7
89 uu 75,
7. CONSENT AGENDA (cont'd.):
E. State Revenue Sharing Application for FY 1993
(memorandum dated June 1, 1993)
F. Release of Easement Request by: Betty Jean
Primus, Lots 19 & 20, Block 1, Kings Music
Lands S/D
(memorandum dated May IS, 1993)
G. NATOA Coalition to Defend Local Government Role
In Cable Television
(memorandum dated June 2, 1993)
H. Bobby J. Hiers' Request for Site Plan Extension:
Bobby Hiers' Contractor Trades Building
(memorandum dated May 26, 1993)
I. Unemployment Compensation Budget Amendment 018
(memorandum dated May 28, 1993)
S. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
None
9: 05 a. m. 9. PUBLIC ITBAS
A. PUBLIC DISCUSSION ITBAS
None
B. PUBLIC HEARINGS
Water Expansion Plan Phase III
(memorandum dated May 28, 1993)
(Re -scheduled for June 22, 1993)
10. COUNTY ADMINISTRATOR'S MATTERS
None
11. DEPARTMENTAL -MATTERS
A. COMMUNITY DEVELOPMENT
Reconsideration of the Wabasso Flea Market
Issue
(memorandum dated June 2, 1993)
B. EIWERGENCY SERVICES
I. Authorization to Seek Bids from Consultants
for Comprehensive 800 MHz Public Safety
Trunking Radio Study 6 Cost Information
(memorandum'dated May 6, 1993)
2. Approval of AT&T Language Line Services for
E911 Public Safety Answering Points and -
Emergency Operations Center
6nemorandum dated May 16, 1993)
11. DEPARTMENTAL MATTERS (contd.):
C. dENERAL SERVICES
None
D. LEISURE SERVICES
None
E. OFFICE OF MANAGEMENT AND BUDGET
Tourist Development Council
1993-94 Budget Recommendation
(memorandum dated May 28, 1993)
F. PERSONNEL
Policy Manual
(memorandum dated May 19, 1993)
G. PUBLIC WORKS
Fourth of July Festival and Parade
Sebastian River Area
(memorandum dated May 26, 1993)
H. UTILITIES
New Horizons Mobile Home Park Subreglonal
Lift Station Engineering and Construction
(memorandum dated June 1, 1993)
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
Petition from Indian River County Taxpayers
Re: Indigent Care Reimbursement
Humana Hospital Sebastian
E. COMMISSIONER KENNETH R. MACHT
JUN - 8 190 BOOK 8 9 F .,� -,j F 7 "'52
jow - p lonl
14. SPECIAL DISTRICTS
A. EMERGENCY SERVICES DISTRICT
None
B. SOLID WASTE DISPOSAL DISTRICT
None
IS. ADJOURNMENT
Boa 89 PAIJF 753 -1
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 COLfNTY'S AMERICANS WITH DISABILITIES ACT (ADA)
COORDINATOR AT 567 -*8000 X 408 AT LEAST 48 HOURS IN ADVANCE OF
MEETING.
Tuesday, June 8, 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, June 8, 1993, at
9:00 A.M. Present were Richard N. Bird, Chairman; John W. Tippin,
Vice Chairman; Fran B. Adams; Carolyn K. Eggert; and Kenneth R.
Macht. Also present were James E. Chandler, County Administrator;
William G. Collins, II, Deputy County Attorney; and Diane Albin,
Deputy Clerk.
The Chairman called the meeting to order.
commissioner Adams led the Pledge of Allegiance to the
Flag.
ADDITIONS TO THE AGENDALEMERGENCY ITEMS
The Chairman requested the addition of Item 11. E. 2, Resolution
Approving Preliminary Financial Statement on Golf Course bonds
ON NOTION by Commissioner Eggert, SECONDED by
commissioner Tippin, the Board unanimously added the
above item to the Agenda.
APPROVAL OF MINUTES
The Chairman asked if there were any additions or corrections
to the Minutes of the Special Joint Meeting of May 5, 1993. There
were none.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board approved the Minutes
of the Special Joint Meeting of May 5, 1993, as
written.
The Chairman asked if there were any additions or corrections
to the Minutes of the Regular Meeting of May 11, 1993. There were
none.
JUN - 8 1993 BOOK 89 PACE 754
r- BOOK
JUN - 8 1993
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board approved the Minutes
of the Regular Meeting of May 11, 1993, as written.
819 P4,F755 7
CONSENT AGENDA
A. Reports
Received and placed on file in office of Clerk to the Board:
Fellsmere Water Control District Annual Budget for FY 1993-94
Report of Convictions - Month of May, 1993
B. Release of Utility Liens
The Board reviewed the following memo dated May 28, 1991:
TO,. Board of County Commissioner
FROM:, sandy Wright, county Attorney's Offic84
DATE: May 28, 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 so that they
can be recorded. The names and projects are:
1. Satisf4ction of Impact Fee Liens
DUBOIS
BEATTIE
JOHNS
FOX, I I I
RUSSO
BYERS
DAUGHERTY
VAN DER PUY
ASHLEY
2. Partial Release of Satisfaction of Impact Fee Lien
CHAPAM CORPORATION (A
3. Release of North County Sewers Unincorp. Supplemental Roll
SANTROCK
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously authorized
the releases and satisfactions listed in staff"s
memorandum.
SAID SATISFACTIONS AND RELEASES ARE RECORDED
IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY
2
C. county Tix Deed Applications
The Board reviewed the following memo dated May 26, 1993:
TO: Board of County Commissioners
AQQ &- A 4&9EA..,
FROM: UWR. Keller, CLA* County Attorney's Office
THRU: Charles P. Vitunac County Attorney
DATE: May 26, 1993
RE: COUNTY TAX DEED APPLICATIONS
The Board of County Commissioners at its meeting March 9. 1993,
approved and authorized tax deed applications being filed with the
Tax Collector on behalf of the County on several properties where the
Tax Collector had notified us that there were tax certificates being
held. As part of the process of transferring title tot he County, the
Clerk's Office has sent us notification that the following amounts are
now due:
— i- .;;
iij -Tax- -Deed- C-er-t—ific-ate 89-1862 --$y 00*
REQUESTED ACTION: Staff recommends that the Board authorize
the payment of the above funds to the Clerk of the Court.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously authorized
payment in the amount of $200.08 to the Clerk of the
Court for fees associated with the County's
Application for Tax Deed Sale, as set forth in the
above staff recommendation.
.3
D. Bill of Sale of Utility Facilities - Captain Hiram"s Lift
Station
The Board reviewed the following memo dated May 28, 1993:
3
L_JUN - 81993
JUN - 8 1993 BOOK 8 9. - PA.GE757
TO: Board of County Commissioners
FROM: Charles P. Vitunac, County Attorney
DATE: May 28 t 1993
RE: BILL OF SALE OF UTILITY FACILITIES
CAPTAIN HIRAMS LIFT STATION
These facilities are within the city limits of the City of Sebastian, and
under the utilities takeover agreement it is now necessary to transfer
the equipment as well as its operation and maintenance to -the City.
REQUESTED ACTION: Request the Board authorize the Chairman to
sign the attached Bill of Sale from Indian River County to the City of
Sebastian.
ON MOTION by Commissioner Eggert, SECONDED by
commissioner Adams, the Board unanimously approved
the Bill of Sale of Utility Facilities to the City
of Sebastian, as recommended by staff.
COPY OF BILL OF SALE IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
E. State Revenue Sharing Application for FY 1993
The Board reviewed the following memo dated June 1, 1993:
TO: Honorable Members of the Board of County Commissioners
DATE: June 1. 1993
SUBJECT: State Revenue Sharing Application For FY 1993 ,
FROM: Richard E. Watkinsy Finance Director 0"
The State Revenue Sharing Application for Fiscal Year 1993 has
been completed and is ready for final approval. This application
is submitted annually to the Florida Department of Revenue.
Final approval is indicated by the Chairman's signature.
Recommend -approval and authorization be granted to the Chairman
to sign the encl-osed State Revenue Sharing Application for FY
1993.
4
t
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the State Revenue Sharing Application for FY 1993,
as recommended by staff.
COPY OF APPLICATION IS ON FILE
IN THE OFFICE OF CLERK TO THE BOARD
F. Release of Easement Reauest - Betty Jean Primus - Lots 19 and
20, Block 1, Kings Music Lands subdivision
The Board reviewed the following memo dated May 18, 1993:
TO: James E. Chandler
County Administrator
DEPARTMENT READ CONCURRENCE:
4 ..m
r — OW, me-Aadr&eld
Nobert M. Xdatlftg, Jacp
Community Developm Director
THROUGH: Roland M. DeBlois, AICP
Chief, Environmental Planning
& Code Enforcement officer
FROM: Charles W. Heathaua,
Code Enforcement Officer
DATE: May 18, 1993
SUBJECT: RELEASE OF EASEMENT REQUEST BY:
Betty Jean Primus
Lots 19 a 20, Block 1, Kings Music Lands Subdivision
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of June 8, 1993.
DESCRIPTIONS CONDITIONS:
The County has been petitioned by Betty Jean Primus, owner of the
subject property, for the release of the common three (3) foot side
lot utility and drainage easements of Lots 19 A 20, Block 1, Kings
Music Lands Subdivision. It is the petitioner's intention to
construct a -single-family residence on the combined lots.*
The subject. property is currently zoned RS -3, Single -Family
Residential District. The Land Use Designation is L-1, allowing up
to three (3) units per acre.
ALTERNATIVES ANALYSIS:
The request has been reviewed by the Southern Bell Telephone
Company, the Florida Power & Light Corporation, T.C.I. Cable
Corporation, and the Indian River County Utilities Department and
the Road & Bridge and Engineering Divisions. Based upon their
reviews it has been determined that there would be no -adverse
impact L*utilities being supplied to the subject property.
5
JUN -
8.9 P,�u. 758
89
BOOK
JUN - 8 1993
RECOMMENDATION:
and
Staff recommends to the Board, through the adoption of a.
resolution, release of the common three (3) foot side lot utility
and drainage easements of Lots 19 a 20, Block 1, Kings Music Lands
Subdivision, being the northerly three (3) feet of Lot 19, and the
southerly three (3) feet of Lot 20, according to the plat thereof
as recorded in Plat Book 6, Page 17 of the Public Records of Indian
River County, Florida.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously adopted
Resolution 93-101, abandoning certain easements in
Kings Music Lands Subdivision, Lots 19 and 20, Block
1, as recommended by staff.
RELEASE OF EASEMENT IS RECORDED
IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY
RESOLUTION NO. 93-101
A RESOLUTION OF INDIAN RIVER COUNTYj FLORIDA
kBANDONING CERTAIN EASEMENTS IN KINGS 14USIC LANDS
SUBDIVISION, LOTS 19 & 20, BLOdK It ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6v PAGE
17, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA.
WHEREAS, Indian River County has easements as described below,
WHEREAS, the retention of those easements serves no public
purposesf
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Indian River County, Florida that:
This release of easements is executed by Indian River County,
a political subdivision of the State of Florida, whose mailing
address is 1840 25th Street, Vero Beach, Florida 32960, Grantor, to
Betty Jean Primus, her successors in interest, heirs and assigns,
whose mailing address is Post Office Box 834, Wabasso, Florida
32970, Grantee, as follow:
6
RESOLUTION NO. 93-101
Indian River County does hereby abandon all right, title, and
interest that it may have in the following described easements:
the common three (3) foot side lot utility and drainage
easements' of Lots 19 & 20, Block 1j, Kings Music lands
Subdivision, being the northerly three (3) feet of Lot 19, and
the southerly three (3) feet of Lot 20, according to the plat
thereof as recorded in Plat Book 6, Page 17 of the Public
Records of Indian River County, Florida.
Tax Parcel Control Number: 17-32-39-00002-0010-00019.0
THIS RESOLUTION was moved for adoption by -
Commissioner Eggert -seconded by.Commissioner
Adams and adopted on the 8 day of
June —1 1993f by the following vote:
Commissioner Richard N. Bird Ayp
Commissioner John W. Tippin Aye
Commisi§iohez� Carolyn K. Eggert Aye
Commissioner Kenneth R. Macht Aye
Commissioner Fran B. Adams Aye
The Chairman declared the resolution duly passed and adopted
this 8 — day of June —, 1993
BOARD OF COUNTY,-COMNISSIONERS
OF INDIAN RIVER COUNTY1
FLORIDA
By
Richard -N. -
Ch Ili Bird
Attested By zaj"�
Jeffrey K. Barton
Clprk
7
JUN - 8 1993 BOOK .89 Pmu- 760
L:
'JUN -8 BOOK 89 F -ma 761
G. National Association of Telecommunications Officers and
Advisors (NATOA) Coalition to Def end Local Government Role in Cable
Television
The Board reviewed the following memo dated June 2, 1993:
DATE: JUNE 2, 1993
TO: JANES E. CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINTO
DIRECTOR OF UTILITY MRVICES
REQUESTED BY: KENNETH R. MACHT
COUNTY COMMISSION 4
STAFFED AND ,
PREPARED BY: CINDY E. WHITE
FRANCHISE COORDINATOR
DEPARTMENT OF UTILITY SERVICES
SUBJECT: NATOA COALITION TO DEFEND LOCAL GOVERNMENT ROLE IN
CABLE TELEVISION
BACKGROUND:,
At the National Association of Telecommunications Officers and
Advisors (NATOA) Conference, which Commissioner 'Macht, County
Attorney Charles Vitunac, and I attended in Covington, Kentucky
(April 26-27*, 1993), one of the topics discussed was the NATOA
Coalition to Defend Local Government Role in Cable Television. The
Coalition was established to protect the rights of municipalities in
their role as cable regulators, and to ensure that the cable
television industry does not overturn the rulings set forth in the
1992 Cable Television Act (see attachment).
ANALYSIS: -
As stated in the attachment, the legal cost of defending the
regulatory rights of local governments and the rights of cable
consumers is estimated to exceed $500,000-00 this year. NATOA
cannot* fund this entire cost itself, and is requesting that local
governments contribute to the NATOA/Local Government Cable Defense
Fund (a list of "Benefits to Jurisdictions Participating in Local
Government Cable Defense Fund" is outlined in the attachment).
RECOMMENDATION:
It is recommended that the Board of County
Commissionerd approve a contribution in the amount of $500.00 to the
NATOA Coalition to Defend Local Government Role in Cable Television.
This amount would be 'funded from Franchise Fee Account No.
004-234 -537 - 033.0 19.
ON MOTION by Commissioner Eggert, SECONDED by
Commisgioner Adams, the Board unanimously approved a
$500.00 contribution to the NATOA Coalition to
Def end Local Governmdnt Role in Cable Television, as
recommended by staff.
8
H. Recruesf for Site Plan Extension- - Bobby" Hiers" Contractor
Trades Building
The Board reviewed the following memo dated may 26, 1993:
TO: James E. Chandler
County Administrator
DIVISION HEAD CONCURRENCE:
Robert M. 7e'a-tSing,. —(A
,JCP
Community Developm6flt Director
THROUGH: Stan Boling,, ICP
Planning Director
FROM: Eric Blad 1200'
Staff Planner, Current Development
DATE: May 26, 1993
SUBJECT: Bobby J. Hiers I Request For Site Plan Extension: Bobby
Hiers' Contractor Trades Building
[SP-MA-92-06-017/IRC #92030054-001]
It is requested that the data herein presented be given f ormal
consideration by the Board of County Commissioners at its regular
meeting of June 8, 1993.
DESCRIPTION AND CONDITIONS:
On May 14, 1992)the Planning and Zoning Commission granted major
site plan approval (with conditions) to construct the Bobby Hiers
Contractor Trades Building, a 61200 square foot contractor trades
building to be located at 430 3rd Lane S.W.. The current
expiration date of the site plan approval is May 28, 1993.
The project applicant has 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 staf f members have recently
approved the applicant's request for site plan extension.
As allowed under provisions of the LDRs,, Mr. Hiers 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, approve., or approve 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.
E
8 1993
800K 8 9, 76 2
F JUN - 8 1993
RECOMMENDATION:
Boa 89 Pira 763
Staff recommends that the Board of County Commissioners approve Mr.
Hiers I request for a one year extension of the conditional site
plan approval, with all original site plan approval conditions to
remain in effect. The now site plan approval expiration date will
be May 28, 1994. '-
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
Bobby Hiers' request for a one-year extension to May
28, 1994, of the conditional site plan approval, as
recommended by staff.
I. Unemployment Compensation Budget Amendment 018
The Board reviewed the following memo dated May 28, 1993:
TO: Members of the Board
of County Commissioners
DATE: May 28, 1993
SUBJECr.- UNEMPLOYMENT COMPENSATION
BUDGET AMENDMENT 018 - CONSENT AGENDA
FROM: Joseph A. Baird�q
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 018
to refund Unemployment Compensation payments, funding to come from contingencies.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
Budget Amendment 018:
10
1. 110ENERAL FUM--
lRecreation
!UnemiplMent Cm2ensaiion 1001-108-572-012.151,$- 1,:L08 0
IPersonnel
Wnemployment Comnensation 1001-203-513-012.151S 1,342 0
RAMA-rVA f nV nnnti nrrannv !nni-100-na-1-non Q -Ile 0% 16 dS A ff 9%
Road and Br
-24i-541-
-1100-Ral-
Recyc
�AA�AUW,1610VAUI�Iajl- IIIMW=jI==L.J.UjI 740 1S 0
!Cash Forward-Sentember 30 !A11-217—RIA—noo-c-ile -PAO%
PUBLIC HEARING - WATER EXPANSION PLAN - PHASE III
Deputy County Attorney Will Collins announced that this *Public
Hearing has been rescheduled for June 22, 1993, at 9:05 A.M. The
new public hearing date will be advertised, and the property owners
were notified of the change by mail.
RECONSIDERATION OF THE WARASSO FLEA MARKET ISSUE
. Planning Director Stan Boling presented the following memo
dated June 2, 1993:
11
JUN - 8 1993 BOOK 89 PAUE 764
i U N
BOOK 89 pAu 785
TO: James E. Chandler
County Administrator
DIVISION HEAD CONCURRENCE:
ltobe�rl x. Keari
jigg AT"ft
Community DevelopmenPwDirector
FROM: Stan Bolin,Orlicp
Planning Director
DATE: June 2. 1993
SUBJECT: Reconsideration of the Wabasso Flea Market Issue
It is requested
consideration by
meeting of June
BACKGROUND:
that the data herein presented be given formal
the Board of County Commissioners at its regular
8, 1993.
For the past few monthse a Sunday f lea market has been held on
property in Wabasso. The property is located on 87th Street,
within* the CG (Commerciale General) zoning district (see attachment
#1), and is an undevelopedr maintained lot adjacent to an antique
store. During operation of the flea markete facilities of the
adjacent store are used# as are on -street parking spaces along 87th
Street.
Under current LDRs,, f lea markets are not allowed in the CG
district, but are allowed in the CH (Commerciale Heavy) and IL
(Industrial, Light) zoning districts by administrative permit and
with site plan approval (see attachment #2). In conjunction with
site plan approval, various site improvements are required (e.g.
parking, landscapinge and drainage improvements). Thus, under
current LDRse.the Wabasso flea market violates county code.
During Februaryl Marche and April of this yearr planning staff and
the flea market "sponsor",, Nancy Fletcher,, corresponded regarding
the LDRs and the code violation. This correspondence and staff's
analysis of the sponsor's alternatives are summarized in attachment
#3. on April 26, 1993, the Code Enforcement Board considered the
Wabasso flea market case and granted a two month timeframe (until
the June 2le.1993 Code Enforcement Board meeting) for the sponsor
to either terminate the flea. market use on the subject site or
pursue an LDR amendment that would allow the use on the site. The
Code Enforcement Board indicated that, if the sponsor pursues an
LDR amendmente the Code Enforcement Board would revise its order
finding violation to extend the required termination of the use
until a decision is made on the LDR amendment request. Presently,
the flea market continues to be held on the subject site.
On April 27, 1993, the Board of -County Commissioners discussed the
Wabasso flea market situation and the alternatives outlined in
staff's memo on the subject to CommissionerAdams (see attachment
#3). During the meeting diecussionf planning staff expressed its
concerns about loosening existing flea market regul:&tions,, and
recommended against changing the existing regulations. At the same
iW
meeting,, Mo. Fletcher emphasized -that the flea market activity was
primarily a community or neighborhood weekly social event that
involved trading and sales. At the conclqsion of the discussion,
the Board of County Commissioners voted 4-0 to direct staff to
11 ... investigateto try to find a way to allow this [flea market]
use under a special 6 -month permitting with whatever restrictions
are deemed necessary" (see attachment #4).
Based upon the Board Is direction,, planning staff has conducted more
research on flea market type uses and alternatives for regulating
such uses. The Board is now to consider these issues and provide
directions to staff.
ANALYSIS:
sExisting County LDRs
Existing county LDRs define a flea market as any activity
(excluding garage sales, bake sales, fruit or produce stands or
similar activities) which involves buying or selling of merchandise
from tables, booths or similar display areas -outside of enclosed
buildings. As suchr merchandise sales inside enclosed buildings
are simply treated as retail sales. Thus,, the LDRs make a
distinction between normal retail stores and flea market activities
based upon whether or not the use is conducted outside of a
building. Consequently, flea markets are allowed in the zoning
districts where outdoor storage and merchandise display are common.
Those districts are the CH (Commercial Heavy) and IL (Industrial,
Light) zoning districts. To mitigate the noise and aesthetic
impacts of flea market outdoor sales activities,, certain site
improvements are required as identified in the specific land use
criteria for flea markets (see attachment #2).
Current LDRs allow certain types of sporadic, special outdoor sales
events on commercially zoned sites via issuance of a temporary use
permit (T.U.P.). However, such events are limited in duration, and
are not regularly scheduled on-going sales events. Furthermore,
such types of events are either specified as allowable in the
T.U.P. regulations, such as Christmas tree and fireworks sales, or
are allowed generally as temporary, accessory uses,, such as
seasonal plant sales in retail store parking lots. No regular,
weekly sales events, such as the Wabasso flea marketf are allowed
under current temporary use permit regulations and policy.
oPlanning and Zoning Literature
In all the planning and zoning literature available to staf f , there
are only a few publications which reference flea market uses and
regulations. Two literature sources cover flea markets in sample
land use definitions. These definitions emphasize either the
occasional or periodic character or open-air character of f lea
markets. Comments from these sources emphasize that flea markets
are usually not the end-use or ultimate use of a site, and that
current trends for flea markets are away from open-air booths
toward use of previously vacated discount store or shopping center
enclosed buildings. The county's current definition of "flea
market" is consistent with what was found in the literature. In
regards to possible changes to current county flea market
regulations j literature available to staff gives no clear guidance.
13
On W
JUN - 8 1993 8OQK CM �P�Aa 70
r JUN - 8 1993
BOOK 89 FAGE 767 -1
*Regulations Of Other Local Governments
Planning staff surveyed other area local governments to determine
how f lea markets are regulated in these jurisdictions. Survey
findings are as follows.
Jurisdiction Regulations
Indian River County Allowed in heavy commercial and
light industrialzoning districts by
conditional use and site plan
approval.
Vero Beach Prohibited. Sales activity required
to be "under roof".
Sebastian
Prohibited. Indoor flea markets
allowed only by conditional use
approval.
St. Lucie County
Prohibited. Sales activity required
to be in enclosed buildings.
Martin County
Allowed in general commercial
district by conditional use and site
plan approval.
Brevard County
Allowed in general retail commercial
zoning district by site plan
approval.
Orange County
Allowed as conditional use in
general commercial district,
permitted use in heavy commercial
district; site plan approval
required.
Manatee County Allowed in commercial and industrial
districts by conditional use and
site plan approval. More
restrictions in commercial
districts. More restrictions for
open-air facilities.
Sarasota County Allowed in intensive commercial
district by site plan approval.
None of the local governments surveyed allow flea markets by
issuance of temporary use permits; all require site plan approval
where flea markets are allowed.
Based on these f indings . staf f I s conclusion is that Indian River
County's existing flea market regulations are consistent with other
jurisdictions that allow flea ma kets. Furthermore, allowing flea
markets to be established via a temporary use permit would appear
to make Indian River County the least restrictive local government
in the region in regards to flea market regulations.
eStaff Concerns
In regards to the Wabasso flea market issue, staff's main concern
is that changing the LDRs to allow a Wabasso flea market type of
use via a temporary use permit will effectively loosen current
restrictions for - open-air flea markets in general. Such a
loosening of restrictions will allow flea market uses in more areas
14
of the county without the county having the ability to impose
special conditions addressing aesthetics and noise impactse and
without the application of normal site plan standards. Such an LDR
change could potentially have a negative impact on the aesthetics
of the county's commercial areas and have negative impacts on
surrounding areas. Furthermore, staff has concerns that lowering
standards for flea market uses will provide an unfair advantage to
individuals conducting outdoor sales compared to retailers
conducting sales in buildings that have complied with the county's
site plan requirements. Site -planned projects more specifically
aiA more thoroughly address traffic,, concurrency,, drainage,,
landscaping, building codes,, and other development issues. In
essence,, lowering standards for outdoor sales will provide an
incentive for such activity,, and will result in the use of
unimproved sites for regular commercial activIties.
ALTERNATIVES:
As outlined by staff at the April 27th Board of County
Commissioners meeting, there are several alternatives that address
the Wabasso flea market situation. These are:
1. Xeep the existing flea ma ket LDRs unchanged. Under this
alternative, the Wabasso flea market sponsor would need to:
a. Move the flea market to property zoned CH or IL, obtain
site plan and administrative permit approvall make site
improvements,, and obtain a project 11c.o.n.
OR
b. Rezone the property to CH or IL and obtain approvals as
cited above. In staff Is opinion,, the subject site should
not be rezoned to CH or IL. Therefore, this alternative
(l.b.) should not be pursued.
OR
C. Request use of the existing fairgrounds site (already
approved for regular and periodic events) for community
flea market events. If the county approved such a
request,, the event could be moved approximately 1-11
miles to the fairgrounds site on 58th Avenue. In making
a decision on use of the fairgrounds, the county would
need to consider licensing,, administration,, and insurance
issues associated with such a use.
2. Revise the existing LDRs to allow f lea ma kets in the CG
district as a special exception use. Under this alternative,
the Wabasso flea market sponsor would be required to obtain
special exception use and site plan approvals, ensure that
required site improvements are madej, and obtain a project
11C. 0. 11. Restrictions on allowable event time operations,
event size,, site operationsj, setbacks,, and required site
design features similar to the criteria described under
alternative 3 of this report could be applied to flea markets
in the CG district as safeguards.
3. Revise the existing flea market LDRs to allow limited,
community flea ma ket uses by issuance of a special temporary
use permit. Under this alternativel the Wabasso flea market
Could be allowed to continue under certain conditions with
15
'JUN - 8 1993 POOK 89 fiGF 7
JUN - 8 1991 1 BOOK - 89 FArF 769.
certain restrictions. However, other similar f lea market uses
could be established on other commercially or industrially
zoned sites located throughout the county.
Under alternative 1. current flea ma ket regulations, which have
already been explained,, would remain in effect. The sponsor could
pursue approvals to allow the use of either the subject Wabasso
site or the fairgrounds. Under alternative 2,, the sponsor could
request and the Board could approve an LDR change to allow use -of
the subject site as a limited, community f lea market subject to
special exception use approval. Under alternative 3, the sponsor
could request and the Board could approve an LDR change to allow
limited,, community f lea markets via issuance of a temporary use
permit. Thus 1, alternatives 2 and 3 would require LDR changes that
either the applicant would need to initiate and pay for, or that
the Board would initiate by directing staf f to initiate the LDR
amendment process. .
If it is the Board's desire to pursue alternative 3 and accommodate
flea markets on commercially zoned sites, then staff recommends
that the Board consider adopting an LDR amendment to establish a
specific temporary use type for limited,, copmunity flea market
events. Furthermore,, a specific intent and purpose section and
conditions should be established for such a use,, as described
below.
Intent: to accommodate community social events involving
limited flea market activities that are regulated in scale and
duration to ensure compatibility with surrounding uses.
2. Such temporary uses shall be allowed only in the CG, CH, and
IL zoning districts.
3. The use may occur on the site no more than one day per week,
and may occur only during daylight hours.
4. Use of lights and speakers outside of enclosed buildings is
prohibited.
5. On days other than event days, the site shall be clear of all
display apparatus, sales items, and other appurtenances to the
event.
6. No land clearing or tree removal shall be performed or
permitted to accommodate the temporary use.
7. Use of sanitary facilities for event participants shall be
provided as required by the Indian River County Public Health
Unit.
S. Sales and display areas and uses shall not occur within
applicable zoning district setback areas.
9. The applicant shall submit a scaled drawing of the site
showing:..
site boundaries and applicable zoning district setbacks
the location and dimensions of all display areas, maximum
number of display stands or booths, parking areas, and
driveway areas
amount of total display area,(includes all area of the
event site not used as parking or setback areas)
traffic circulation flow and traffic contrdl devices
16
10. Parking shall be provided at a rate of li-spaces per display
stand or booth.
11. Prior to issuance of a temporary use permit, the applicant
must obtain approval from the County Traffic Engineer for the
proposed traffic circulation flow (plan).
12. No limited,, community flea market shall be allowed to be
located closer than one (1) mile to another approved limited,
community flea market use.
13. The total amount
of display
area
of
a limited, community flea
market use shall
not exceed
one
(1)
acre in -size.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners determine
that existing county flea market' regulations are adequate. If the
Board makes such a determinationj the Wabasso flea market sponsor
could pursue alternative 1 (a, b. or, c), as previously described
in staff's report, to accommodate the Wabasso flea market use.
Alternatively, if the Board decides to pursue an LDR amendment to
allow limited,, community flea market events by issuance of a
temporary use permit,, then staff recommends that the Board direct
staff to initiate an LDR amendment, incorporating the 13 criteria
outlined in this report under alternative #3.*
Commissioner Adams felt that Alternative 3 might be a
solution, although she realized it was not staff's first choice.
Nancy Pletcher, owner of the antique store located on the
subject property, was comfortable with Alternative 3, but her first
choice was to have the activity redefined and a temporary use
permit issued.
Director Boling pointed out that a temporary use permit would
not be appropriate because this is a recurring event.
Ms. Fletcher could not understand why an event occurring on
Sunday mornings for six months, a total of 26 days, was any
different than Christmas trees being sold every day for a month.
She urged the Board to simply issue a permit for a street festival
one day a week for six months. She did not see anything wrong with
people getting together and socializing on Sunday mornings and was
astounded by how complicated this has become.
Commissioner Adams commented that she noticed the antique
store was f or sale and asked what would happen if the business were
sold.
Ms. Fletcher indicated that the event would most likely be
discontinued at that location. She stressed that whether the event
is held there or somewhere else, provisions should be made for it
to continue because some subdivisions do not allow yard sales. She
17
W�E M
1993 toa 89 VU
JUN - 8 1993
BOOK 89 pg, -7
Ij F771
f elt that the County should provide a place for people to have
these events and suggested that the County consider buying the lot
across the street for that purpose. She emphasized there are no
public parks in that area.
Chairman Bird disagreed with the statement that there are no
recreational spots in that area. He mentioned several parks near
there, including West Wabasso Park, the Causeway, and Kiwanis-
Hobart Park. He did not think the County was obligated to create
a place for people to display goods on Sunday mornings.
Ms. Fletcher explained that none of those areas have shade or
buildings, and it is not a matter of having a place to display
merchandise, it is a matter of having a place to gather and
socialize.
Commissioner Tippin related that he was raised near that area,
and there were plenty of places for people to go and socialize. He
did not feel that the County should circumvent the law in order to
allow this activity to continue. He emphasized that it is more
than a social event. People from outside the county go there to
buy and sell merchandise.
commissioner Adams did not know how cost-effective it would be
f or the County to go to a lot of time and expense changing the IDRs
only to havethis fall by the wayside. She would like to find a
way to give permission for this activity to continue without
changing the LDRs.
Ms. Fletcher pointed out that it will be the landlord's
decision whether or not to allow this to continue if she sells her
business. She felt this was a classic case of government running
amok and trying to fix something that was not broken. She found it
hard to explain to people why they cannot gather there.
Director Boling explained that this particular site is not a
problem, but if it is allowed to continue here it must be allowed
throughout the county. The LDRs must be appropriate for any site
that meets the requirements, which is why staff is recommending the
13 restrictions if the Board decides on Alternative 3.
Chairman Bird was concerned that Alternative 3 would open up
a Pandora's Box. Even with the restrictions, anyone who owned an
acre of vacant land along U.S. 1 could see an opportunity to make
some money by renting space for a flea market. He felt that the
Board was between a rock and a hard place. He would like to help
these people but hated to see a proliferation of f lea markets up
and down the highway.
Commissioner Tippin commented that it is the County's
responsibility to follow up -on complaints and enforce -the law.
18
Commissioner Macht f elt that it would not 1�e good planning to
follow Alternative 3. - He suggested issuing a temporary use permit
until the property changes hands, but Deputy County Attorney
Collins advised it would not be legal for the County to do that.
Discussion ensued, and Deputy County Attorney Collins
confirmed that a six-month temporary use permit cannot be issued
under current regulations.
Chairman Eggert commented that even if a six-month temporary
use permit could be issued, the same problem would occur at the end
of six months.
Commissioner Macht felt that whatever the Board decides today,
we should direct staff to look into the possibility of a community
park in that area.
Commissioner Adams suggested that the event be held at the
fairgrounds.
Ms. Fletcher emphasized that many of the people do not have
transportation to go to the fairgrounds.
Larry Ray, 50th Street, Wabasso, objected to the fact that
somebody could complain about something without having to step
forward and be confronted about it. Mr. Ray felt that this event
has not caused any problems and will not result in other flea
markets up and down the highway. He contended that they cannot
move this to the fairgrounds because the elderly people who go
there could not tolerate the hot sun. Mr. Ray felt that it will
kill the town if the Board does not allow this to continue.
Further discussion ensued, and Deputy County Attorney Collins
advised that people can meet at the present location and socialize,
as long as it is kept informal and does not become a commercial
enterprise. Further, the County has the ability to grant licenses
for specific activities on County -owned property. The problem
arises when the activity is conducted on private property. if
permission is given to this group, any person would be entitled to
the same rights in any commercial zone.
There was considerable discussion about various restrictions
that could be imposed if the Board decided on Alternative 3.
COMMISSIONER ADAMSf MOTION TO APPROVE ALTERNATIVE 3
FAILED FOR LACK OF A SECOND
19
mv 8.9 TIP
F JUN - P �9M,l
BOOK
MOTION WAS MADE by Commissioner Macht, SECONDED by
commissioner Eggert to determine that existing flea
market regulations are adequate, as recommended by
staff.
89 fln"F 773" -7
Under discussion, Commissioner Macht stressed that he would
like to see some effort made to locate a community park for them
within walking distance of that area. He suggested that Chairman
Bird discuss the feasibility of such a park with the Parks &
Recreation Committee.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried 4-1, Commissioner Adams
dissenting.
chairman Bird allayed Mr. Ray's concerns that this will result
in a proliferation of garage sales throughout Wabasso. He reminded
Mr. Ray that there is nothing to preclude these people from meeting
and having a social gathering every Sunday morning, as long as
there is not a commercial sales activity taking place.
AUTHORIZATION TO SEEK BIDS FROM CONSULTANTS FOR COMPREHENSIVE
800MKZ PUBLIC SAFETY TRUNKING RADIO STUDY AND COST INFORMATION
Emergency Services Director Doug Wright presented the
, following memo dated May 6, 1993:
10: Board of County Commissioners
TZROUGH: Jim Chandler, County Administrator,
FROM: Doug Wright, Director
Emergency Services
DATE: May 6, 1993
SUBJECT: Authorization To Seek Bids From Consultants For
Comprehensive 80OMHz Public Safety Trunking Radio
Study and Cost Information
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:
On May 16, 1990, the Federal Communications Commission approved the
Florida - Region 9 Plan for Public Safety Radio Communications. This
plan contained the allocation for radio channels in the 821-824/866-
869 MHz band. The allocations for the Indian River County area at
that time was a total of eleven (11) channels. The -concept the FCC
adopted in guidelines f or regional allocation of the spectrum was
20
11
M
M
coogaratiLve use of channels in terms of MXstem confiauration.
tne r-wo maln Mectives wltn tne new ut:Llization 2lan 0 ith eleven
(11) channels allocated at that time, the system in this county would
have had to commit to eleven hundred (1,iOO) units in service or
operation in five (5) years (one hundred per station or channel).
The county and other agencies collectively have in excess of this
many radio units being utilized presently.
Because of the possibility of losing the channel allocation, on
February 18, 1992, the Board of County Commissioners considered a
request by staff to fund a $7,672 study of the existing
communications system and the potential benefit of an 80OMHz Public
Safety Trunked radio system. The study was -needed to provide staff
and the Board with sufficient information to determine if an
application should be filed within the window May 7, 1992,, for,
securing the allocation of channels available.
The original request by staff to the Board in 1992 was predicated on
the fact that meetings had been held with municipality and agency
representatives, several of which alluded to severe problems with
interference,, dead spots, limited portable radio capability,, and
skips in the current VHF and UHF spectrum being utilized.
The window for filing the application was extended by the FCC to
September, however, the Board decided it did not want to expend the
funding required for the study. The consultants bids for the study
ranged from $7,672 to $56,708. Based upon the Board's action, staff
notified the Regional Committee -that an application would not be
forthcoming and the Indian River County allocation of channels were
returned to a pool per FCC rules and made available for any other
entity to obtain and utilize in another agency communications system.
Since that time, the window for filing expired and another window has
now been opened. The new period for filing is May 1, 1993, to August
31.. 1993. Applications to obtain channels will only be accepted
during this time frame by the regional committee, APCOI Division of
Communications, and the FCC.
Staff has been meeting with the various emergency providers and
agencies in the county regarding current and future communications
needs. The problems stated in 1992 remain unresolved and will not
improve given the emphasis manufacturers are placing on newer
technology.
Another problem that now confronts public safety entities is the fact
that the FCC is currently holding hearings on spectrum refarming in
the VHF and UHF spectrums. This is contained in FCC PR Docket Number
92-235. The FCC Notice of Proposed Rule Changes concerns and will
impact every public safety organization in one way or another.
The one inch thick document would become effective in 1996. if
approved in total, the new rules would render current equipment
unauthorized and would have to be replaced due to not meeting the now
specifications; the range reduction to 3 KHz deviation will result
in range reduction of 40% plus problems generating sufficient receive
audio output power in high noise areas; and the reduced deviation
will cause CTCSS and pager decoder failure. Simply stated, the above
changes mean major ezpenditure of funds for old technology,,
unreliable system Performance,, reduced transmitter power which
trnnslates into reduced coverager and would cause serious spurious
emissions from Power amplifiers.
21
JUN - 81993 BOOK 89 FnF774
Ir"JUN 1991
ALTEMMTIVES AM ANALYSIS:
-1
Book 89 PA'
UF 775
Staff is proposing that an RFP be disseminated for consultants to
respond with quotes to complete a study of the, existing
communications system, the potential benefit and cost of an 800 MHz
Public Safety Trunked Radio System. The study is needed to provide
staff, other agencies, and the Board with sufficient information to
determine if an application should be filed and if funding should be
committed over the next five years for phasing in a new
communications system.
For informational purposes, trunked radio is relatively new
technology that has enormous capabilities. A trunked radio system
gets its name from the "trunk" line used in commercial telephone
communications. Simply put, a utrunk" is a communications path
between two or more points, typically between the telephone company
central office and one or more users. The trunk line is time shared
by several different users, but each user of the telephone service is
not aware of this sharing of lines. One party places a call to
another party and the call is completed; the working of the telephone
system is transparent and is not readily apparent to the user.
Radio communication over a trunked system is similar to the telephone
system. The transmitting and receiving radio units can be thought of
as the calling and receiving parties, and the transmitting equipment
can be thought of as the telephone company equipment. Instead of
telephone lines, the radio system uses radio channels to place calls.
As with the telephone system, the radio users are not aware of which
radio channel they are communicating over. All that is apparent, is
that a communication path has been established between the radio and
user. It is simply a more efficient way of getting the most out of
a limited number of radio channels.
This system can also provide technology and a method for transmission
of data over the radio system as opposed to analog voice information
from utility pumping or treatment plants for the utility
facilities/department in the county. It has the capability to
provide traf f ic engineering departments to control signaling devices
at intersections at locations throughout the county from a single
control point. Utility meter readers in the field can transmit data
immediately to enhance operations and billing processes.
There are many other applications which could be used in the public
safety and law enforcement environments which could potentially
reduce staff resou?ces in terms of communications or modify the
system size.
It should be noted that staff was contacted by a representative of
the Joint Task Force which is in the process of implementing a
contract which has been awarded for an 800 MHz Public Safety Trunked
Radio System for a statewide law enforcement radio system. The Task
Force has identified four (4) potential tower locations in Indian
River County to be constructed and they are interested in cost
sharing if the county opts for the 800 MHz communications technology.
This could potentially be a real cost saving measure to Indian River
County if the 800 MHz becomes a reality.
It should also be noted that Indian River County has now become a
Priority 6 per the State Communications Plan. This lowest rating
possible is predicated on the fact that the County has done nothing
regarding obtaining the original allocation in the 800 spectrum. The
available allocation pool of channels is becoming smaller and smaller
given recent additional channels be allocated to the City of
Melbourne, City of Cocoa, City of Orlando,, Orange County,, Reedy Creek
Improvement District, and others.
22
Brevard County. and Osceola County i* -s now on line with the 800 MHz
Trunked Radio System and St. Lucie County will award a bid within a
few days for a similar system. Many other counties and cities in the
state have already opted for this communications technology.
Funding for the study would be determined after the -RFP selection is
made and proposals considered when the matter is brought before the
Board. The issue before the Board at this time is authorization for
an RFP to be issued and proposals received to complete the necessary
study.
Finally, staff would note that the Visions Workshop - Focus On The
Future held October 9-10, 1992, at the Mueller Center of Indian River
Community College, recommended implementation of the 800 MHz
communications system as well as centralization of all 911 systems.
RECOMMMATION:
Staff does not have the expertise in house to complete this very
technical communications system evaluation,, cost - information, and
recommendation. Absent the data and configuration/design as relates
to improving the existing system or filing the application for an
allocation of channels, staff does not have sufficient information to
formulate a recommendation for the Board.
Therefore, staff recommends the Board authorize the issuance of an
RFP with proposals received to be brought back to the Board for
further consideration.
Commissioner Adams asked, and Director Wright responded that
the study cost about $7,500 last year, although he was uncertain
what it will cost this year.
Commissioner Adams led discussion regarding the cost f or a new
system, and Director Wright indicated it is difficult to give an
estimate because staff does not know how many towers we need or
whether our existing equipment is adequate.
Administrator Chandler explained that we need the study
because we do not have. the in-house expertise to make those
determinations.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Macht, the Board unanimously authorized
the issuance of a request for proposals and directed
staf f to present the proposals to the Board f or
further consideration, as recommended by staff.
APPROVAL OF AT&T LANGUAGE LINE SERVICES _' PUBLIC SAFETY
ANSWERING POINTS AND EMERGENCY OPERATIONS CENTER
The Board reviewed the following memo dated May 16, 1993:
23
JUN - 8 1993 BOOK 716
JUN -81993
TO: Board of County Commissioners
TBROUGH: Jim Chandler,, C unty Administrator
FROM: Doug Wright Director
Emergency Services
DATE: May 16, 1993
U
BOOK 89 pw 777
M JECT: Approval of AT&T Language Line Services for E911 Public
Safety Answering Points and Emergency Operations Center
It is respectfully requested that the information contained herWir'nii —be
given formal consideration by the Board of County Commissioners at
the next regular scheduled meeting.
DESCRIPTION AND CONDITIONS:
Indian River County E911 Public Safety Answering Points and Emergency
Operations Center has no formalized means of language based telephone
interpretation for non-English speaking people. More than 20 million
people who live in the United. States speak a language other than
English.
If no one happens to be in the. dispatch center who speaks Spanish,,
Haitian, or another common language now used in Florida, the chance
is great that a delay will occur in getting assistance to the person
in need due to the language barrier.
AT&T now off ers a new, innovative way to serve emergency agencies to
whom English is a foreign language. AT&T Language Line Services
provides over the phone access within moments to highly trained
interpreters -in over 140 different languages. This service is
available around the clock 365 days a year.
Staff has been discussing this service with AT&T and the company has
proposed an Interpreter Service Agreement for a one time service
initiation charge of $499.00. Actual time on-line with an AT&T
Language Line Interpreter is billed at $2.25 per minute for Spanish
and $2.55 per minute for all other languages. There is a monthly
minimum charge of $50.00. Training for emergency personnel is
included in the one time cost stated above.
Funding for this service is available in existing budgets and staff
is seeking expenditure authorization for this needed service.
ALTZRNATIVES AND ANALYSIS:
Spanish is the most common language now being experienced by
dispatchers and emergency personnel. However, it should be noted
that approximately 12.5 percent of Florida's residents speak a
primari language other than English. With the number of foreign
tourist who visit our area, it is anticipated that emergency services
will be called on to service an increasing number of people with
language barriers.
Currently, several other Florida counties are using this service and
speak highly of the timely and. very helpful servicer especially when
an emergency occurs and the subject is already very excited.
24
M M M
The protocol -is arranged so that when -a non-English speaking person
calls f or assistance, an AT&T number is immediately called by the
dispatcher and the language is determined within seconds if it is not
recognized by the dispatcher. Within moments,, a three party
conversation is being hold with the interpreter conversing with both
parties.
RECONNMDATION:
Staf f recommends Board approval of the AT&T Interpreter Service
Agreement at the cost alluded to above an4 requests the Board
authorize the Chairman to execute the necessary documents to obtain
this language service.
commissioner Adams commented that we need this service because
we have a significant number of hispanic people in the County.
ON MOTION by Commissioner Adams, SECONDED by
commissioner -Eggert, the Board unanimously approved
the AT&T Interpreter Service Agreement at an initial
cost of $499.00, and a minimum monthly rate of
$50.00 plus $2.25 per minute for Spanish and $2.55
per minute for all other languages, as set out in
the above staff recommendation.
COPY OF AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
TOURIST DEVELOPMENT COUNCIL 1993-94 BUDGET RECOMMENDATION
Commissioner Eggert announced that although she is Chairman of
the Center for the Arts, she derives no private financial gain and
can participate in this discussion.
OMB Director Joe Baird presented the following memo dated May
28, 1993:
25
JUN 89 nf
-81993 1 �is
FF -
JUN - 8 1993
TO: Members of the Board of
County Commissioners
DATF.- May 28,1993
SUBJECT: TOURIST DEVEL0pMMqT COUNCIL
1993/94 BUDGEr RECOMMENDA77ON
FROMi- Joseph A. Baird
OMB Director
q-
U -7
Boo.K 89 PAE7,79
DESCRIOMON AND CONDMONS
On May 19, 1993, the Tourist Development Council reviewed budget requests for fiscal year 199S/94 to be
paid Erom Tourist Tax revenue. They have made the following recommendations listed below -
ORGAN17ATION
199Z/93
FUNDING
1993/94
1993/94 TM.0
RECOMMEND.
City of Vero Beach
$120,000
-REQUEST
$130,000
$0
Exchange Club - Air Show
$8,000
$20,000
$7,500
Center for the Arts, Inc.
$10,000
$14,368
$10,000
Riverside Theatre
$0
$7,591
$0
Riverside Park/Center for the Arts -
Lawn Maintenance
$0
$24,000
$0
Vero Beach/Indian River County/
Chamber of Commerce
$231,602
$273,000
$273,000
Rotary Club of Vero Behch/Sunrise
Bike Race
$10,000
$18,750
$8,000
Indian River County Arts Council
$822
$0
$0
Tourist Study
$40,000
$0
$0
Fellsmere Recreation Committee
Frogleg Festival
$5,OM
$6,OW
$6,OW
Environmental Uarning Center, Inc.
$20,OW
$0
$0
Indian River County Public Works Deptj
Beach Renourishment Committee
$0
$60,000
$60,000
Citrus Celebration Committee
$0
$15,000
$7,500
Indian River County Historical Society
$8,000
$0
Vero Beach Tlieatre Guild, Inc.
$0
$2,2M
$0
Vero Heritage, Inc.
so
$15,000
$0
Sebastian Fourth of JOY Committee
$0
$5,000
$0
Sebastian River Area Chamber of
Commerce
$0
$20,OW
so
Pelican Island Celebration Committee
$0
$5,000
$0
Reserve for Contingency
$29,998
$35,000
$35,000
RACM-MENDATIONS
Staff recommends that the Board of County Co&missioners approve the amounts recommended by the Tourist
Development CounciL
�Vl
Direct&r Baird reported that antic1pated revenue for the 1993-
94 fiscal year is about $368,000, but there is a total of $475,000
in the fund because of cash forward from prior years. Tourist tax
revenues have declined approximately 20% over the past three or
four years, and the Tourist Development Council (TDC) is
recommending that a significant amount of the 1993-94 budget be
allocated to the Chamber of Commerce for advertising in an attempt
to bring more money into the local economy. Director Baird
explained that it was left to his discretion to determine whether
specific grants should be allocated to District 1 or District 2.
Jay Smith, Mayor of the City of Vero Beach (the City) ,
reminded the Board that two districts were established when this
tourist tax was first considered. District 1 was Vero Beach and
District 2 was the remainder of the county. An agreement was
reached whereby money raised in District 1 was to be spent in
District I and could be used to create, improve or maintain
tourist -related facilities. The City prepared a proposed budget
showing how the money would be spent during the first two years
after the tax was enacted, and the voters approved the tax in -a
County -wide referendum. About 60% of the tax was expected to be
generated by facilities located within the City. Some of the uses
of District 1 funds during the first few years included the
construction of restroom facilities and paving the parking lot at
Riverside Park. The City"s original request for 1993-94 was
funding for an experimental beach dewatering system. However, it
did not appear that the TDC would favor that request, so the City
asked permission to submit some alternate requests for the funds.
one alternate funding request is for an open-air convention center
on Memorial Island to be used by veterans organizations. Mayor
Smith related that about two months ago, representatives from a
veterans organization that was having a reunion in Fort Pierce used
the facilities at Memorial Island for one of their events.
Although most of the activities were held in Fort Pierce, the
participants preferred to stay in Vero Beach. This resulted in the
entire Vero Beach Inn being booked for an average stay of four
days. since there is some disagreement between the City and County
attorneys as to whether or not an open-air convention center on
Memorial Island would be a qualified use of tourist tax funds, the
City is making an alternate request for $130,000 to defray
maintenance expenses for all the City -owned parks, which are
heavily used by tourists. The City agrees that funds allocated to
Riverside Theatre, the Center for the Arts and the Heritage Center
can be deducted from the City's share of the money. However, the
27
JUN - 8 1993 89 rma78-0
F` JUN - 8
BOOK 819 PA.,IJF.7811 -7
City does not agree that all of the Chamber of Commercefs funding
should be allocated from District 1 monies, because the Chamber of
Commerce serves the entire county.
Commissioner Eggert pointed out that the money does not have
to be spent in Vero Beach as long as it is spent on behalf of Vero
Beach.
Mayor Smith appreciated what she was saying, but still wanted
the City to be able to participate in deciding how funds are spent.
Chairman Bird asked Attorney Collins if the legality of the
City's requests could be resolved.
Attorney Collins advised that beach erosion control and beach
maintenance are clearly authorized uses. However, it is arguable
whether an open-air convention center on Memorial Island would be
an authorized use. The term "convention center" usually refers to
an enclosed area where associations or trade groups can hold annual
meetings.
Larry Braisted, City Attorney, argued that the use is what
determines the category. Memorial Island has been used for
conventions of military personnel, so it fits the use.
The Chairman opened the public discussion.
Millie Bunnell, 985 Beachcomber Lane, Indian River Shores,
reported that the Indian River Citrus Museum is being created in
the northwest wing of the Heritage Center. She related that the
museum has been endorsed by the Indian River Citrus League and
supported by the citrus industry and will attract tourists from all
over the country. Vero Heritage, Inc., is asking the Commission to
reconsider their $15,000 request. Part of the money would be spent
on a brochure to include in gift fruit shipments, part would be
spent to produce a five-minute video depicting the citrus
production process, and the balance would be spent on construction
of a tourist information corner within the citrus museum. Ms.
Bunnell felt that this use of tourist development tax revenue
qualifies under State guidelines.
commissioner Eggert asked, and Ms. Bunnell confirmed, that the
brochure will cost about $8,000 and the video about $2,500. The
balance of the money would be used for construction of the tourist
information corner.
Ralph Sexton, member of the Board of Directors of Vero
Heritage, Inc., urged that funding be provided for the citrus
28
museum. He -emphasized that tourists need sometihing to do when it
rains and they can't go to the beach.
Ruth Stanbridge, representative of the Indian River Historical
Society, asked the Board to reconsider her organizationts request
for $3,000 for historical markers and $5,000 to publish a brochure
of historic sites. She indicated that she was familiar with State
guidelines and that this is a qualified use of tourist tax dollars.
She stressed that this was a one-time request.
Deputy County Attorney Will Collins questioned whether the
markers would be an authorized use. The brochures would be
authorized if they were sent to people outside this area.
Ms. Stanbridge explained that the markers would be an
extension of the museum. The brochures would be sent to areas
outside the state and distributed to people who come to Florida.
Alan Polackwich, president of The Exchange Club, thanked the
TDC and the Commissioners and emphasized that the Air Show is a
good tourist attraction that keeps getting better.
Lynn Potter, executive director, Riverside Theatre, asked the
Board to reconsider their request for $7,591 for a brochure. She
stressed that Riverside Theatre is the only professional theater on
the Treasure Coast, and their performances have brought in about
12,000 people from outside the county who spend money in
restaurants and shops. Some of the brochures will be distributed
to other Chambers of Commerce and to organizations such as the
Florida Professional Theatre Association and the Florida Arts
Council.
Commissioner Macht wondered how a 20% decline in revenue
relates to a reported 24% increase in tourism. He agreed with
Mayor Smith that the funds raised in District 1 were to be spent in
District 1 and that elected officials should have the right to
disburse those funds in accordance with the law. He suggested that
the Board consider raising the tourist tax to 3%,, which would
enable us to honor our commitment to the City, adequately fund the
Chamber of Commerce, and provide funds for these other worthy
organizations. However, he cautioned that there should be a strong
requirement for fiscal and operational accountability on the part
of organizations receiving the funds.
29
L_JUN - 8 j99j 8009 89 wf 782
I U
JUN = 3 M1, BOOK 8 9 rn F783
Chairman Bird asked, and Commissioner Macht confirmed that he
was suggesting a permanent increase to 3 He added that many
communities charge a lot more than 3%.
Discussion ensued, and Attorney Collins advised that the Board
could levy an additional 1% by extraordinary vote of the Board (at
least 4 Commissioners) or by referendum, and the change must be
accomplished by an ordinance. The increase would take effect on
the 1st day of the 2nd month following approval of the ordinance.
The ordinance hearing must be advertised in the normal procedure
two weeks prior to the meeting.
Commissioner Tippin noted from reading past minutes, newspaper
articles, and letters that this has been a controversial matter
since its inception. He expressed his support of the criteria
established by the TDC and stated that it is not easy to dispense
funds f airly and get the most bang f or the buck. He commented that
there will be about $29,000 from the City's 1992-93 fiscal year
allocation that they do not plan to spend, and he suggested using
that money to accommodate some of the funding requests for the
1993-94 fiscal year.
Director Baird clarified that the exact amount is $29,281 and
is in addition to the $475,000. He cautioned that if we spend all
our cash forward during 1993-94, it will not be available in the
future.
chairman Bird appreciated Commissioner Macht " s ef f orts to f ind
another alternative. He wanted to f ind out how people in the
industry f eel about increasing the tourist tax. He expressed
concern that if the tourist tax is increased to 3%, more requests
for money will come in, and we will end up with another shortfall.
However, he agreed that all the requests currently before the Board
were worthwhile, and whether you are bringing people here or
helping them enjoy their stay, it is all interrelated.
Commissioner Macht reminded the Board that the City has warned
us that a referendum might be held to cancel their participation in
the tourist tax if we do not allocate some of the funds to them.
He stressed that this is an example of needless controversy.
Chairman Bird did not know how we were going to be able to
resolve the controversy between the TDC and the Vero Beach City
Council. He stressed that a large portion of the funds was
allocated to the City in prior years.
Director Baird mentioned that the State has been unable to
determine whether tourist tax revenues come from District 1 or
District 2 because it is not clear on the sales tax f orm. It is
equally difficult- to detdrmine whether a funding- allocation
benefits District 1, District 2, or both.
30
Chairmin Bird f elt that the advertising done by the Chamber of
Commerce benefits the.entire county, including Vero Beach.
Commissioner Adams suggested that we use the cash forward as
well as the unspent portion of Vero Beach's 1992-93 grant,
distribute the amounts requested to the three organizations that
came before us today, and give the balance to the City of Vero
Beach.
John J. Morrison, member of the TDC, pointed out that
according to Florida Statutes, tourist development is a state
enterprise that is delegated to the County. The Statute provides
for subgroups to be established under County jurisdiction. Mr.
Morrison saw no logical reason to have the City of Vero Beach serve
as a subgroup, because the City was not qualified to design a
program to attract tourists.
Mr. Morrison admitted that the TDC was relatively unfocused in
prior years and some of the funding was inappropriate. Recently
TDC retained the services of Research Associates, and the criterion
established was to use tourist tax revenue to attract tourists.
The emphasis is on advertising outside the area. Mr. Morrison
maintained that, as a result of Chamber.of Commerce efforts, over
20,000 European tourists visited this area during 1992. Moreover,
three ads in Southern Living magazine resulted in over 4,000
inquiries. In response to Commissioner Macht's question, Mr.
Morrison explained that although the number of tourists has
increased, they have not been spending as much money because of the
tight economy.
Mr. Morrison understood that beach restoration has been added
as a permissible use of tourist tax funds. He related that the TDC
has received funding requests for a number of worthy causes.
However, it is questionable whether they will increase tourism. It
was Mr. Morrison's feeling that the City of Vero Beach was given a
$120, 000 grant during the 1992-93 fiscal year with some reluctance.
He argued that use of funds should be kept under County control.
He felt that local innkeepers would be resistant to* raising the
tourist tax from 2% to 3% in order to grant some of these requests.
Kevin Crows, Sandrift Motel, Sebastian, and member of the TDC
was opposed to anything that would raise the cost of a room. He
agreed with Mr. Morrison that expenditures should be limited to
advertising and promotions that bring people in from outside the
area.
31
BOOK
L -JUN -81993 � "I. 1 8 9 pm�, F 78.4
r- JUN -81993
Boa 89 795
Tom Nason, acting City Manager, pointed out that promoting
tourism is only one of several criteria established by the State
for use of tourist tax revenue. Beach renourishment was added
because we asked our legislative delegation for it. Not enough
revenue is generated by ad valorem taxes to pay for beach
renourishment. The City wants a fair share to help offset the cost
of maintaining facilities used by tourists, such as the Riverside
Theatre, parks, and beaches. Tourists come here because of the
nice parks and beaches, but they place an additional burden on the
facilities.
Chairman Bird noted that we must have a balance between using
funds to enhance what we already have and using funds to attract
new people to the area. He pointed out that the Board tries to put
people on the TDC who are knowledgeable and know what is the most
effective use of the money, and we must give a certain amount of
weight to their recommendations.
Mr. Nason contended that the people on the Chamber of Commerce
are too closely tied to the tourist industry, and their focus is
too narrow. It is the responsibility of the Commissioners to make
sure the balance is maintained.
Deputy County Attorney Collins advised that the composition of
the TDC is determined by State law. It is to be composed of 3
elected officials, 3 hotel -motel operators, and 3 people who are
not hotel or motel operators but are involved or have an interest
in the tourist industry. The function of the TDC is to make
recommendations to the Board.
Commissioner Macht cautioned that if the Board follows the
recommendation of the TDC in its entirety, we are getting
dangerously close to funding a special interest group with
taxpayers' money. He agreed that tourism imposes an additional
burden on the City and believed that some of the other requests
should be included.
Commissioner Tippin suggested that we decide today whether or
not we agree with what the TDC is recommending and move forward on
the idea of possibly increasing the tourist tax to 3%.
Bruce Barkett,, local attorney, announced that he was the
Assistant County Attorney when the TDC was created. At that time
the City was opposed to the tourist tax unless they had their own
district. The County agreed to that condition, but specified that
the money was to be used for new activities and facilities rather
than ongoing activities.
J. B. Norton, -Ver,o BeaCh Chamber of Commerce, pointed out the
following:
32
J. B. Norton, Vero Beach Chamber of Commercie, pointed out the
following:
(1) The. Chamber of Commerce wants to provide for the
continuation of about 5,000 tourist -related jobs, which
generate about $119 million in personal income. That
figure represents almost 12% of the total personal income
in the county.
(2) Tourism is the number 1 industry in this county besides
the citrus industry. According to a recent report
prepared by the Florida Department of Tourism,
approximately 18% of all gross retail sales in this
county in 1990 were tourist -related.
(3) The Chamber of Commerce brochure promotes the entire
county.
Mr. Norton indicated that if the $273,000 funding request is
approved, the Chamber of Commerce will spend $20,000 of the total
to promote North . County activities. He urged everybody to
cooperate in an effort to attract tourists. He encouraged the
Board to pursue the possibility of increasing the tourist tax to
3%, which is lower than many neighboring counties.
Chairman Bird asked Mr. Norton to discuss it with Chamber of
Commerce members and report their reactions to the Board.
George Bunnell, elected member of the Tourist Development
Council, urged the Board to allocate funds to some of the other
requests before closing today's meeting.
Commissioner Adams suggested that we spend some of the extra
money that is available.
MOTION WAS MADE by Commissioner Tippin, seconded by
Commissioner Eggert, to accept the recommendations
of the Tourist. Development Council, with the
amendment to the Chamber of Commerce request stating
that $20,000 of their allocation will be spent to
promote North County activities; allocate $7,591 of
the $68,000 in unallocated funds to Riverside
Theatre and the remainder to the City of Vero Beach;
proceed towards possibly increasing the tourist tax
to 3%; and allocate any additional monies that may
become available to the other organizations
requesting money.
33
JUN -81993 VOK N� ['F.
7SB
F JUN - 8 1993
Boa 89 Fm.) F. 78 7 1
Under discussion, Director Baird cautioned that raising the
tax will not solve the problem because requests for funds always
exceed the amount of money that is available.
Commissioner Adams advised that the Tourist Development
Council does not recommend funding the same things from year to
year, and we should give further consideration to some of the other
requests.
Mrs. Bunnell thought it was unfair to give $7,591 to Riverside
Theatre and nothing to the others, and suggested giving 1/2 the
requested amount to each organization.
Commissioner Macht opposed the motion unless there was some
provision for the Citrus Museum and Historical Society.
Commissioner Eggert was concerned that the historical markers
were not a qualified use of the funds, and commissioner Macht
suggested we get an opinion from the State.
Deputy County Attorney Will Collins advised that the State
Attorney is not issuing opinions on this issue.
AFTER FURTHER DISCUSSION, COMMISSIONER TIPPIN WITHDREW HIS MOTION
AND COMMISSIONER EGGERT WITHDREW HER SECOND.
ON MOTION by Commissioner Adams, SECONDED by
commissioner Tippin, the Board unanimously approved
the recommendation of the Tourist Development
council, including the amended request of the
Chamber of Commerce to give the Sebastian River Area
Chamber of Commerce $20,000 of their funds; to use
the additional $68,000 that is available to fund the
$15,000 request of Vero Heritage, Inc., the $8,000
request of the Vero Beach Historic Society, and the
$7,591 request of Riverside Theatre; and allocate
the remaining $37,409 to the City of Vero Beach,
along with cash forward of $29,281 from the City's
1992-93 allocation.
ON NOTION by Commissioner Adams, SECONDED by
commissioner Tippin, the Board unanimously agreed to
investigate and get feedback from the Tourist
Development Council, local hotel -motel operators,
and staff on increasing the tourist tax to 3%, and
to schedule a workshop to discuss it and decide
whether to proceed with a public 'hearing on an
ordinance.
34
Ms. Pofter asked about lawn maintenance f or- Riverside Theatre,
and Chairman Bird suggested there might be some alternatives
available. She explained that her concern was that the lawn
maintenance request was not approved *because of her failure to
address that request at today's meeting.
Chairman Bird assured her that the Board was aware of that
request but did not approve it.
Commissioner Eggert recalled that it was decided at the joint
meeting with the City on May 5, 1993, that a request f or lawn
maintenance funding would be presented to the TDC. If the TDC did
not include it in their funding recommendations, it would be
discussed as part of the 1993-94 budget hearing process under Parks
and Recreation or some other appropriate category.
Commissioner Macht commented that he had every intention of
pursuing it.
The following summary was prepared by Director Baird:
TOURISTTAX
REVENUES AND EXPENSES
1993/94 PROPOSED BUDGEr
17 -Jun -93
35
8 o ox . 8 9, 788.
TOTAL
REVENUE-
BUDGEr
CITY OF V.B.
I.R.C.
1993/94
DISTRICT I
DISTRICT 11
JOINT
TOTAL
DISTRICT' I - VERO BEACH
$252,000
$252,000
so
$252,000
DISTRICT' II - I R COUNTY
$98,000
$0
$98,000
$98,000
JOINT
so
so
so
so
INTEREST - INVES`rMENTS
$25,000
$17,500
$7,500
$0
$25,000
LESS 5010 ESTIMATED RECEIPTS
($18.750'
($13.475)
($5=)
$0
($18,75
SUB -TOTAL
$356,250
$256,025
$100,225
$0
$356,250
CASH FORWARD - OCTOBER 1
$148,031
$101,117
$46,914
$0
$148,031
TOTALREVENUE
$504,281
$357.142
$147.1
SO I
S504,281
FMENSE:
EXCHANGECLUB
$7,500
$0
$7,500
$0
$7,500
CENTER FOR THE ARTS
$10,000
$0
$10,000
$0
$10,000
CHAMBER OF COMMERCE
$273,000
$245,281
$27,719
$0
$273,000
ROTARY CLUB/BIKE RACE
$8,000
so
$8,000
$0
$8,000
FELLSMERE FROGLEG FESTIVAL
$6,000
$0
$6,000
so
$6,000
CITRUS CELEBRATION COMMITTEE
$7,500
so
$7,500
$0
$7,500
IRC PUBLIC WORKS/BEACH RESTOR. COMM.
$00,000
$0
$0
$60,000
Nhax
$0.
sk
$9,000
jo 'i
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .......................................... ................................. ...................... ............... ............................ ........... ........ .....
60
. . . . . . . . . .
35
8 o ox . 8 9, 788.
r- JUN - 8 1993
a 89 � -- 7189
ooK PA G E -
RESOLUTION APPROVING PRELIMINARY OFFICIAL STATEMENT ON GOLF COURSE
REFINANCING
OMB Director Joe Baird explained that this resolution is to
acknowledge the Board's awareness of the preliminary official
statement on the bond issue for refinancing the Golf Course.
ON NOTION by Commissioner Adams, SECONDED by
Commissioner Tippin, the Board unanimously adopted
Resolution 93-102, accepting the preliminary
official statement dated June 4, 1993, on the
Recreational Revenue Refunding Bonds, Series 1993,
in the amount of $9,700,000.
RESOLUTION 93-102, WITH PRELIMINARY OFFICIAL
STATEMENT ATTACHED, IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
INDIAN RIVER COUNTY, FLORIDA
RESOLUTION NO. 93 - 102
WHEREAS, the Board of County Commissioners of Indian River County, Florida
(the "Board" and the "County", respectively) is contemplating the issuance of
Recreational Revenue Refunding Bonds, Series 1993, in an aggregate principal
amount not to exceed $10,000,000 (the "Series 1993 Bonds"), under a resolution
to be hereafter adopted by the County; and
WHEREAS, it is necessary in connection with the marketing of the Series
1993 Bonds that the Preliminary Official Statement in connection with the Series
1993 Bonds (the "Preliminary Official Statement") be deemed "final" pursuant to
Rule 15c2-12 of the Securities and Exchange Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, that:
SECTION 1. The Preliminary Official Statement attached hereto is hereby
deemed "final" pursuant to Rule 15c2-12 of the Securities and Exchange
Commission, except for npermitted omissions" as permitted under said rule.
Nothing contained herein shall prohibit any insertions, deletions or changes in
the Preliminary Official Statement deemed necessary and/or desirable by the
County Administrator.
SECTION 2. This Resolution shall take effect immediately upon its
adoption.
36
The foregoing resolution was offered by Commissioner — -Adams who
moved for its adoption. The motion was seconded by Commissioner — T j P P4 R
and, upon being put to a,vote, the vote was as follows:
Chairman Richard N. Bird A!V 8
Vice Chairman John W. Tippin 4e
Commissioner Fran B. Adams A
Commissioner Carolyn K. Eggert Aye
Commissioner Kenneth R. Macht A:y a
The Chairman thereupon declared the Resolution duly passed and adopted this
_Z_ day o f jl-lna 1993.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By:_
Richard N. Bird, Chairman
POLICY MANUAL
Administrator Chandler presented the following memo dated May
19, 1993:
0 0 a 0 0 a . 0 49 . 0 a 0 0 * a . * 0 0 0 0 . . a 0 0 . 0 0 * a 0 0 0 0 0 - 0 0 * 0 0 0 0 0 0 0 0 0 0 a a 0 0 0 0 0 0 0 0 . . . .
To: Board of County Commissioners Date: May 19, 1993
Through: James Chandler,,
County Administrator
From: Jack Price,, Personnel Sub: Policy Manual
For a number of years, it has been the published policy of Indian Rivei
County that employees avoid the inappropriate use of alcohol or controllec
substances. The attached unit for the Administrative Policy Manual
entitled "DRUGS, NARCOTICS, AND ALCOHOL" insures compliance with th1E
current Federal Drug -Free Workplace Act.
As you know, Indian River County has historically assisted employees witt.
problems related to the use of alcohol and other drugs. The communicatior
of that available assistance is among the requirements of the Federal
Drug -Free Workplace Act.
Your approval of this unit is requested.
37
8.00K 89 F'�
JUN - 8 1993 jF790-
FIF
JUN
SECTION
ADMINISTRATIVE
POLICY PERSONNEL
MANUAL SUBJECT
ORI
POLICY:
BOOK 89 791
NUMBER DATE EFFECTIVE
AM -601.1 06 -01 -93 -
PAGE
It is the policy of the County to maintain a work place that is free from
the effects of drug and alcohol abuse. This policy shall be interpreted,
construed and implemented to be consistent with the requirements of the
Federal Drug -Free Workplace Act.
�0__MMENT:
2L.—The Federal Drug -Free Workplace Act is applicable to all employees of
the County who are performing work pursuant to a federal grant.
A.—All covered employees will be provided a published statement
notifying the covered employees that the unlawful manufacture
distribution, dispensation, possession or use of a controlled substance'
is prohibited in County workplaces, and that violations of this
prohibit ' ion will result in disciplinary personnel action against such
employee up to and including termination,, or the employee will be required
to satisfactorily participate in a drug abuse assistance or rehabilitation
program approved for such purposes by a federal, state, or local health,'
law enforcement, or other appropriate agency.
h_.—Each covered County employee is hereby notified that it is a
condition of employment in a federal grant that the employee will abide
by the terms of this statement and will notify the County of any criminal
drug statute conviction for a violation occurring in the workplace, no
later than five days after such conviction.
Z -._The County will establish a drug-free awareness program to inform
employees about:
&._The dangers of drug abuse in the workplace;
h_.The County's policy of maintaining a drug-free workplace;
c. Drug counseling programs which are available;
4 -._Rehabilitation programs which are available;
e. Programs available to assist employees;
f_.Penalties which will be imposed upon employees for drug abuse
violations including: discipline up to and including termination, or
satisfactory participation in a drug abuse assistance or rehabilitation
program approved for such purposes by a federal, state, or local health,
law enforcement, or other appropriate agency. See the units BEHAVIOR OF
EMPLOYEES, AM -801.1; DISCIPLINARY PROCEDURE, AM -807. 1; and OFFENSES
DISCIPLINARY PATTERN, AM -807.2.
_j. Each covered County employee will be given a copy of the statement
described in Comment 1.
A—. The County will notify the granting agency within ten days after
receiving a notice of conviction from a covered employee or some other
actual notice of such conviction.
5-a_The County will make a good faith effort to continue to maintain a
drug-free workplace through implementation of the above provisions.
38
Adminiitrator Chandler explainedthat thisi unit is to ensure
that we are in compliance with the requirements of the Federal
Drug -Free Workplace Act. Information will be distributed to
employees stating that it is County policy that alcohol and drug
use will not be tolerated.
Commissioner Eggert felt that the policy should be more
specific, because many County employees rely on the manual.
Personnel Director Jack Price explained that the purpose of
this policy is to establish a- drug-free awareness program to
communicate to employees that help is available. Specific
information will be posted on bulletin boards.
Commissioner Macht suggested changing the word "abuse" to
"use" in the policy section, because employees should not drink or
take illicit drugs at all while they are at work.
ON MOTION by Commissioner Eggert, SECONDED by
commissioner Adams, the Board unanimously approved
the Drugs, Narcotics and Alcohol unit of the Policy
Manual, and directed staff to expand the reference
to penalties involved and to change the word "abuse,,
to "use" under "Policy.,,
FOURTH OF JULY FESTIVAL AND PARADE/SEBASTIAN RIVER ARRA
The Board reviewed the following memo dated May 26, 1993:
TO: James Chandler
County Administrator
TERCUM: James W. Davis, P.E.
Public Works Directc
FROM: Robert Zaitooni, P.E
County Traffic Engin
SUBJECT: Fourth of July Festival and Parade
Sebastian River Area
RE: Lei;ter from Mr. Emory to Jeanne Bresett
Dated May 6, 1993
DATE: May 26, 1993
DESCRIPTION AND CONDITIMS
The Fourth of July Festival and Parade Committee for Sebastian are
planning a parade consisting of approximately 75 entries (vehicles
and pedestrians) and festivities on July 3, 1993 and July 4, 1993.
39
JUN 8 1993 BOOK F "I
JUN - 8 1991,
BOOK 89 c-A,u-L7q,.3
The parade is proposed to take place on Indian River Drive f ram the
south end at U.S. 1 north to Davis Street.
The committee is requesting permission to close Indian River Drive
from the south end at U.S. 1, north to Roseland Road and CR 512
from just east of Super America's driveway to Indian River Drive
from 6:30 AM to 10:30 AM on July 3, 1993. This closure will ensure
the safety of the parade participants and will lessen any potential
vehicular conflict with the participants.
Also, the committee is requesting to close Indian River Drive from
Cleveland Stieet to Harrison Street and CR 512 from Just- east of
Super America's driveway to Indian River Drive from 10:00 AN, july
3, 1993 to 6:00 PM,, July 4, 1993. Emergency 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.
ALTMMATTVM ANn AMMYSIS
The request for approval f rom the Indian River County Board of
County Commissioners to hold the Fourth of July Parade and
Festivities along Indian River Drive as described above is the
proposal bef ore the Board at this time The Board may grant or
deny this request.
ZLISY;v ki 0;� W "ION 411 � Io I,(
Staf f recommends the Board of County Commissioners approve the
requests provided that the Fourth of July Committee maintain access
to emergency vehicles atall times and that all points of closure
are manned as agreed for the duration of the event.
Liaison activities will be maintained between the committee, Indian
River County Sheriff's Department, City of Sebastian Police
Department, Indian River County Emergency Management, City of
Sebastian, and Indian River County Traffic Engineering.
ON NOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the request of the Fourth of July Festival and
Parade Committee, under the conditions set forth in
staff's recommendation.
NEW HORIZONS XOBILE HOME PARK SUBREGIONAL LIFT STATION ENGINEERING
AND CONSTRUCTION
The Board reviewed the following memo dated June 1, 1993:
40
DATE: -JUNE 1, 1993
TO: JAMES E.*CHANDLER
COUNTY ADMINISTRATOR
FROM: TERRANCE G. PINT
DIRECTOR OF UTI!2;f �SERVICES
PREPARED WILL O�MCN
AND STAFFED CAPA JE NGYINEER
BY: DEP ILIT SERVICES
SUBJECT:. NEW HORIZONS MOBILE ROME PARK SUBREGIONAL LIFT
STATION ENGINEERING -AND CONSTRUCTION
Currently, a long-standing health threat exists at the New Horizons
Mobile Home Park as a result of a dilapidated sewage treatment system,
which currently services this park. They (New Horizons) have been
under enforcement action for the last several years from both the
Department of Environmental Regulation, as well as the local office of
HRS for continual violations at their treatment plant. The engineering
firm of Masteller and Moler, Inc., previously designed the sewer force
main,, which was constructed up to the park entrance under the North
County Sewer Project. They also have existing survey information,
along with familiarity with the New Horizons Mobile Home Park, and is
the firm we have chosen for this project.
ANALYSIS
The preliminary cost estimate for this construction is $11o,000.00,
with engineering costs as follows. -
Design
Inspection
Computer Disk Copies
Surveying
Easement Documents
Total
Contingency costs
$8,500.00
31800.00
800.00
2,600.00
1,000.00
$16,700.00
$ 850. 00*
-5.000.00**
$ 5,850.00
Estimated environmental sensitive land contingency (add survey) to
be authorized by the Director of Utility Services if required.
Engineering services contingency to be authorized, if required,
by the Director of Utility Services.
The typical engineering fees for a project of this size, excluding
surveying, would be 16.3% ±. We have negotiated the fee at 15.2% ±
for the entire project (see attached contract with Masteller and
Moler, Inc.). An agreement with the FDIC previously brought to the
Board of county Commissioners outlines the details of our
participation in this project at New Horizons. Funding for this
project will -be from the impact fee fund.
RECOMMENDATION
The staff of the Department of Utility Services recommends that the
Board of County Commissioners approve the attached agreement with
Masteller and Moler, Inc.,, for the New Horizons Mobile Home Park
lift station and proceed with the construction of same.
41
BOOK U
JUN - 8 199,3 89 F,mF 7,94
JUN - 8 1993
B00A
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Macht, the Board unanimously approved
the agreement with Masteller and Moler, Inc., for
construction of the New Horizons Mobile Home Park
lift station, at an estimated total cost of
$110,000, as recommended by staff.
AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK THE BOARD
PACE7,95
PETITION FROM INDIAN RIVER COUNTY -TAXPAYERS
Commissioner Eggert directed the Board's attention to a
petition signed by residents of the north county area and a report
of the Indigent Care Advisory Task Force (ICATF) of the Indian
River County Hospital District Board of Trustees. The petition is
requesting that Humana Hospital in Sebastian be reimbursed for
indigent patient care, and that a full accounting of the use of
hospital tax district funds for the past three years be disclosed.
Commissioner Eggert indicated that the ICATF report discusses the
concerns expressed in the petition and makes recommendations. She
asked the Commissioners to read the report, a copy of which has
already been sent to the hospital. No Board action is required on
this agenda item.
There being no further business, on Motion duly made, seconded
and carried, the Board adjourned at 12:30 P.M.
ATTEST:
J. X-a—Erarton, Clerk
42
Richard N. Bird, Chairman