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12/14/1993 (2)
MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA REGULAR MEETING TUESDAY, DECEMBER 14, 1993 9:00 A.M. - COUNTY COMMISSION CHAMBER_ COUNTY ADMINISTRATION BUILDING 1840 25TH STREET VERO BEACH, FLORIDA COUNTY COMMISSIONERS Richard N. Bird, Chairman (Dist. 5) John W. Tippin, Vice Chairman (Dist. 4) Fran B. Adams ( Dist. 1) Carolyn K. Eggert ( Dist. 2 ) Kenneth R. Macht ( Dist. 3 ) 9: 00 A. M. 1. CALL TO ORDER James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to the Board 2. INVOCATION - None 3. PLEDGE OF ALLEGIANCE - Comm. Richard N. Bird 4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS 13.B. Report of Florida Association of Counties (FACo) Conference. 13.0 Discussion Regarding Pelican Island Wildlife Refuge signs. S. PROCLAMATION AND PRESENTATIONS None 6. APPROVAL OF MINUTES Regular Meeting of November 16, 1993 7. CONSENT AGENDA A. Received and placed on file in Office of Clerk to the Board: Report of Conviction, Month of November, 1993 B. Release of Utility Liens ( memorandum dated December 6, 1993 ) C. Final Plat Approval for Windsor'Phase IV ( memorandum dated December 3, 1993 ) D. Award Bid #4026 / Eight 386 Computers December 1, f993) ( memorandum dated . December 1, 1993 ) E. Award Bid #4018 / Lubricants 6 Motor Oils ( memorandum dated December 2, 1993 ) F. IRC Health Unit - HRS Leased Space ( memorandum dated December 7, 1993 ) DEC 141993 BOOK 91 F'"GE 916 BOOK 7. CONSENT AGENDA (cont'd. ): G. Jungle Trail Water Line Extension ( memorandum dated November 30, 1993 ) H. Agreement / IRC and Aubry & Martha I. Sapp Temporary Water Service ( memorandum dated November 24, 1993 ) 8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES Sheriff Gary C. Wheeler: Request for Transfer of Funds ( letter dated November 30, 1993 ) 9:05 a.m. 9. PUBLIC ITEMS A. PUBLIC DISCUSSION ITEMS None B. PUBLIC HEARINGS 1. I.R.C. Dept. of Utility Services' Request for Special Exception Approval for an Expansion of the North County Sub -Regional Wastewater Treatment Plant ( memorandum dated November 30, 1993 ) 2. AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 201 OF THE INDIAN RIVER COUNTY CODE BY THE TRANSFER OF THE REMAINDER OF CHAPTER 24 - UTILITIES, INDIAN RIVER COUNTY CODE (1974 EDITION) TO CHAPTER 201 (1990 EDITION) ( memorandum dated December 7, 1993 ) 10. COUNTY ADMINISTRATOR'S MATTERS Re -scheduling of Appeal Hearing ( memorandum dated December 8, 1993 ) 11. DEPARTMENTAL MATTERS A. COMMUNITY DEVELOPMENT Authorization for County Staff to Assist in Initiating Development of an Industrial Park in the 74th Avenue/Oslo Road Commercial Indus- trial Node ( memorandum dated December 8, 1993 ) B. EMERGENCY SERVICES 800MHz Communications Study Presentation By Pallans Associates ( memorandum dated December 7, 1993 ) 11. DEPARTMENTAL MATTERS (conVd. ): C. GENERAL .SERVICES New Courthouse Complex - Furnishings E Equipment ( memorandum dated December 6, 1993 ) D. LEISURE SERVICES None E. OFFICE OF MANAGEMENT AND BUDGET None F. PERSONNEL None G. PUBLIC WORKS 1. Purchase Authorization; 41st Street R -O -W Acquisition - Virginia Walker Russell, C. Reed Knight, William 6 Selma I. Luther Parcels, I. R. Blvd., Phase IV ( memorandum dated December 8, 1993 ) 2. Request by I.R. Soccer Assoc. for Long Term Lease of 25 Acres of the Oslo Dump Site Located South of 1st Street West of Old Dixie Highway- (memorandum ighway(memorandum dated December 7, 1993 ) H. UTILITIES 1. County Grove Fruit Harvest ( memorandum dated December 7, 1993 ) 2. Sludge/Septage Ordinance ( memorandum dated December 8, 1993 ) 3. Water Expansion Plan, Phase 2, Contract D, Change Order No. 1 and Final Pay Request ( memorandum dated December 8, 1993 ) ( letter dated December 2, 1993 ) 12. COUNTY ATTORNEY A. Electrical Power Line Issue ( memorandum dated December 8, 1993 ) B. Publishing of Legal Notices ( memorandum dated December 3, 1993 ) C. City of V.B. Request for Joint Resolution on Use of Tourist Tax Revenues ( memorandum dated December 6, 1993 ) D. Request for the State Dept. of Revenue to Pro- vide Information on Tourist Tax Subdistricts 1 and 2 Taxpayers (memorandum dated December 7, 1993 ) 13. COMMISSIONERS ITEMS A. CHAIRMAN RICHARD N. BIRD G DEC 141993 BOOK Zj Fnr 91 8 Fr- ' _ v 4 1993 BOOK 13. COMMISSIONERS ITEMS (cont'd. ): B. VICE CHAIRMAN JOHN W. TIPPIN C. COMMISSIONER FRAN B. ADAMS D. COMMISSIONER CAROLYN K. EGGERT MPO Citizens Advisory Committee E. COMMISSIONER KENNETH R. MACHT 14. SPECIAL DISTRICTS A. EMERGENCY SERVICES DISTRICT -1. Approval of Minutes - Meeting of 10-5-93 2. Authorization to Surplus Vehicle 8 Transfer Ownership to I.R. Community College ( memorandum dated December 7, 1993 ) B. SOLID WASTE DISPOSAL DISTRICT None 15. ADJOURNMENT 91 GE ?19 PA ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE AT THIS MEETING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL WILL BE BASED. ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MAY CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 567-8000 X 408 AT LEAST 48 HOURS IN ADVANCE OF MEETING. Tuesday, December 14, 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, December 14, 1993, at 9:00 a.m. Present were John W. Tippin, Vice Chairman; Fran B. Adams; Carolyn K. Eggert; and Kenneth R. Macht. Richard N. Bird, Chairman, was absent due to a death in his family. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and Diane Albin, Deputy Clerk. Vice Chairman Tippin called the meeting to order and led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMZRGENCY ITEMS Vice Chairman Tippin requested the addition of Item 13.B., Report of (FACo) Conference. Commissioner Adams requested the addition of Item 13.C., Discussion Regarding Pelican Island Wildlife Refuge Signs. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously (4-0, Chairman Bird being absent), added the above items to the Agenda. APPROVAL OF MINUTES The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of November 16, 1993. There were none. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board approved the Minutes of the Regular Meeting of November 16, 1993, as written. DEC �. 41993 BOOK 91 F�,A' c 20 r BOOK 91 PAGE 2?1 CONSENT AGENDA A. Reports Received and placed on file in the Office of Clerk to the Board: Report of Convictions, Month of November, 1993 B. Release of Utility Liens The Board reviewed the following memo dated December 6, 1993: TO: BBOOAfR�D, OFF COUNTY CONXISSIONERS FROM: Lea R. Keller, CIA, County Attorney's Office DATE: December 6, 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. Satisfaction of Impact Fee Lien Extensions: HAMILTON MARCHACOS BALSAMO BANFIELD SESACK 2. Glendale Lakes Water (2nd Project): CAHILL 3. Lone Park Park Water Project: ST. PIERRE/SILL 4. Rousseau River Shores Sewer Project: ROYALL S. Royal Poinciana Water Project: GARCEAU YOUNG 6. Silver Oaks Water Project: ROVELLA REDISH 7. 12th Street Water Project: CAHILL LOCKWOOD 8. Phase I Water Project: CLARK ELAM FORSYTH HOPPE IVES MaKALLIP SKISCIM WYRICK 2 9. Phase II Water Project: ANDERSSON THEUERKAUF 10. Phase III Water Project: BARER KNIGHT TORRES BELL STEDELIN WATSON ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously (4-0, Chairman Bird being absent) approved the releases of utility liens listed above. LIEN -RELATED DOCUMENTS ARE RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY C. Final Plat Approval - Windsor Phase IV The Board reviewed the following memo dated December 3, 1993: TO: James E. Chandler County Administrator DIV ION HEAD CONCURRENCE: Obert M. Recti , A Community De//vve�el meniDirector THROUGH: Stan Boling I-AICP Planning Director \ FROM: John W. McCoy, AICP /Z^ Senior Planner, Current Development DATE: December 3, 1993 SUBJECT: Final Plat Approval for Windsor Phase IV PD -93-03-004/92110114-002 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of December 14, 1993. DESCRIPTION AND CONDITIONS: Windsor Phase IV is a proposed 5 lot subdivision of a 5.20 acre parcel of land which is located on the south side of Windsor (see attachment #2) adjacent to Jungle Trail. The subject property is zoned RS -3 and will have a proposed density of 1.04 units per acre. 3 DEC 41993 BOOK 91 FAGE 222 DEC I A 1001 BOOK 91 FADE 223 On January 28, 19931 the Planning and Zoning Commission granted preliminary PD approval for Windsor Phase IV. Subsequently, a land development permit was issued, and with the exception of some roadway treatment, sodding, and signage work, the project improvements were completed. The developer, Windsor Properties, Inc., through its agent Knight, McGuire and Associates, Inc., is now requesting final plat approval and has submitted the following: 1. A final plat in conformance with the originally approved preliminary plat; 2. A certified engineer's cost estimate for the remaining required improvements; 3. A contract for required improvements and cash escrow to guarantee completion of the remaining required improvements. ANALYSIS: The applicant has constructed most of the subdivision improvements and will be bonding -out for future construction of the remaining required improvements (roadway treatment, sodding, signage). The county attorney's office has reviewed and approved the submitted contract for construction and cash escrow. The public works department has reviewed and approved the engineer's certified cost estimate and corresponding cash escrow amount. It should be noted that all improvements within Windsor will be private, with the exception of certain utilities facilities that will be dedicated to Indian River County and will be warranted by Utility Services "Bill of Sale" procedures. RECOMMENDATION: Staff recommends that the Board of County Commissioners: 1. Grant final plat approval for the ±5.20 acre Windsor Phase IV plat; and 2. Authorize the Chairman to execute the submitted Contract for Construction of Remaining Required Improvements and accept the cash escrow that secures the contract. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams,' the Board unanimously (4-0, Chairman Bird being absent) granted final plat approval for Windsor Phase IV, approved the Contract for Construction of Remaining Required Improvements, and authorized acceptance of the cash escrow securing said contract, as recommended by staff. CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS AND CASH DEPOSIT AND ESCROW AGREEMENT ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 4 D. Award Bid #4026 - Purchase of 8 Computers for Emergency services The Board reviewed the following memo dated December 1, 1993: DATES December 1, 1993 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County RA -4-.40 rator H.T. "Sonny" Dean, Directoca* General Services FROM: Fran Boynton Powell, Purchasing Manager SUBJ: Award Bid #4026/Eight 386 Computers Emergency Services BACRGROIIND INFORMATION: Bid Opening Date: November 10, 1993 Advertising Dates: October 20; 27, 1993 Specifications Mailed to: Thirty Three (33) Vendors Replies: Eight (8) Vendors VENDOR Progressive Data Mgmt Vero Beach, FL PC Learn Singer Island, FL Computer Consultants Kissimmee, FL Computer & Peripheral Whse Deerfield Beach, FL Communications Intl Vero Beach, FL C & C Computers Melbourne, FL BID TOTAL $ 9,090.00 $ 9,560.00 $10,675.20 $10,936.00 $11,070.00 $11,602.00 Vetrol Data $14,020.90 Vero Beach, FL Radio Shack $14,142.10 Ft Worth, TX TOTAL AMOUNT OF BID $ 9,090.00 SOURCE OF FUNDS Emergency Sery Office Furn & Equipment ESTIMATED BUDGET .$14,237.00 RECObIMENDATION Staff recommends that the bid be awarded to Progressive Data Mamt. as the lowest, most responsive and responsible bidder - meeting the specifications as set forth in the Invitation to bid. 5 DEC 141993 BooK 91 FACE224 DEC 14 1993 BOOK ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously (4-0, Chairman Bird being absent) awarded Bid #4026 in the amount. of $9,090 to Progressive Data Management, as recommended by staff. 91 225 E. Award Bid #4018 - Lubricants and Motor Oils The Board reviewed the following memo dated December 2, 1993: DATE: December 2, 1993 TOs BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator H.T. "Sonny" Dean, Director Department of General Service FROM: Fran Boynton Powell, Purchasing Mang 4 SUBJ: Award Bid #4018/Lubricants and Motor Oils County Wide Annual Contracts Fleet Management BACKGROUND INFORMATION: Bid Opening Date: Advertising Dates: Specifications Mailed to: Replies: VENDOR Holmes Oil Company Ft Pierce, FL Martin County Petroleum Palm City, FL Palmdale Oil Okeechobee, FL Star Petroleum West Palm Beach, FL Mapco Petroleum Ft Pierce, FL Glover oil Melbourne, FL Capital Unilube Ft Lauderdale, FL September 24, 1993 September 10, 17, 1993 Twenty -Nine (29) Seven (7) TABULATION SHEET SEE ATTACHED TAB SHEET SOURCE OF FUNDS: Vehicle Maintenance -oil & Lubricants 501-242-591-035-52 BUDGETED FUNDS:, $10,000.00 6 Staff recommends the following: 1. Award the bid to Holmes Oil Company as the low bid for Lubricants and Motor Oil. 2. Establish an Open End Contract with Holmes Oil Company with a not exceed amount of $10,000.00 during the contract period. 3. Authorize the Purchasing Manager to renew this contract subject to satisfactory performance, zero cost increase, vendor acceptance, and the determination plWt renewal is in the best interest of the County. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously (4-0, Chairman Bird being absent) awarded Bid #4018 and authorized an open end contract with Holmes Oil Company in an amount not to exceed $10,000, as set forth in staff's recommendation. F. Indian River County Health Unit - ISpace Leased to Florida Department of Health & Rehabilitative Services The Board reviewed the following memo dated December 7, 1993: DATE: DECEMBER 7, 1993 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: H.T. "SONNY" DEAN, DIRECTOa DEPARTMENT OF GENERAL SERVICES SUBJECT: INDIAN RIVER COUNTY HEALTH UNIT - HRS LEASED SPACE BACKGROUND: HRS is presently leasing 570 square feet of office space in the Indian River County Health Unit at $10.75 per square foot. This lease will expire on December 15, 1993, and HRS has requested a modification to that lease to extend eleven (11) months or until November 15, 1994. RECOMMENDATIONS: Since there is no demand for this office space at th& present time staff would recommend modification to said lease as requested by HRS. It is also requested that authorization be given to the Board Chairman to execute all applicable documents. 7 BOOK 6 DEC 14 1993 BOOK. 91 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously (4-0, Chairman Bird being absent) approved extension of the lease with the Florida Department of Health & Rehabilitative Services to November 15, 1994, as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD G. Jungle Trail Water Line Extension The Board reviewed the following memo dated November 30, 1993: DATE: NOVEMBER 30, 1993 TO: JAMES E. CHANDLER COUNTY ADMINISTRATO FROM: TERRANCE G. PINTO DIRECTOR OF ITY ERVICES PREPARED WILLIAMF. Mc AND STAFFED CAPITAL P J GINEER BY: DEP AR UTILITY SERVICES SUBJECT: JUNGLE TRAIL WATER LINE EXTENSION INDIAN RIVER COUNTY PROJECT NO. UW -93 -27 -DS BACKGROUND AND ANALYSIS On October 12, 1993, the Indian River County Board of County Commissioners authorized the Utilities Department to proceed with solicitation of quotes for survey services on this project. (See attached agenda item minutes.) The quotes were as follows: Masteller Moler and Reed, Inc. $1,380.00 Carter Associates, Inc. .3,000.00 H. F. Lenz Company 3,499.00 RECOMMENDATION The staff of the Department of Utility Services recommends approval of the attached survey contract with Masteller, Moler and Reed, Inc., in the amount of $1,380.00, as presented. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously (4-0, Chairman Bird being absent) approved the survey services contract with Masteller, Moler and Reed, Inc., in the amount of $1,380, as recommended by staff. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8 H. Agreement for Temporary Water Service - Aubry and Martha I. Sapp The Board reviewed the following memo dated November 24, 1993: DATE: NOVEMBER 24, 1993 TO: JAMES E. CHANDLER COUNTY ADMINISTRATO FROM: TERRANCE G. PINTO DIRECTOR OF UTILI SERVICES SUBJECT: AGREEMENT INDIAN RIVER COUNTY AND AUBRY AND -MARTHA I. SAPP TEMPORARY WATER SERVICE PREPARED AND JAMES D. CHASIgLI, AND MANAGER OF AS PROJECTS STAFFED BY: DEPARTMENT OF UTILITY SERVICES Aubry and Martha I. Sapp have requested that temporary service be installed from the water line on 20th Street (S.R. 60) to service their property at 2005 86th Court, Vero Beach, Florida 32968, prior to the installation of a water main on 86th Court. ANALYSIS The Agreement states that the Indian River County Department of Utility Services (IRCDUS) shall provide temporary water service to Aubry and Martha I. Sapp until such time that a water line is constructed on 86th Court by assessment. They agree to pay all fees required to make this connection. They further agree to participate _ in the assessment and to reconnect to this water line as required by IRCDUS. The Department of Utility Services recommends that the Board of County Commissioners approve the attached Agreement with Aubry and Martha I. Sapp on the Consent Agenda. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously (4-0, Chairman Bird being absent) approved the agreement for temporary water service with Aubry and Martha I. Sapp, as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD DSC 141993 800K 91 F',Scc J DEC 14 1993 BOOK 91 PAGF '2�) 99 9 REQUEST OF SHERIFF GARY C. WHEELER FOR TRANSFER OF FUNDS The Board reviewed the following letter from Sheriff Gary C. Wheeler dated November 30, 1993: November 30, 1993 The Honorable Richard N. Bird, Chairman Board of County Comma inners Indian River County 1840 25th Street Vero Beach, Florida 32960 Dear Chairman Bird: As you are aware, we have been working with Dr. Gary Norris and his staff at the School District to find a way to restore funds to the School Resource Program lost in the recent fiscal year 1994 budget reductions. I met with Dr. Norris and Board member Stan Mayfield and came to a tentative agreement contingent on .approval by the Board of County Commissioners and the School District. The purpose of this agreement is to restore two School Resource Officers to that program for the remainder of this fiscal year. Dr. Norris will recommend to the School Board the purchase of five automoblles from their capital program to be used by School Resources Officers. Those cars will remain the property of the School Board and will be appropriately insured. In return, I will request the Board of County Commissioners to approve the transfer of up to $72,519 from my Capital Budget to my Personnel Budget in order to replace those two deputies. Once the immediate staffing problem Is solved, Dr. Norris and I have agreed to explore all funding avenues available for fiscal year 1995 including the proposed Safe School funding legislation coming before the State Legislature for the 1995 fiscal year budget. We have agreed to explore a partnership approach between the School District and County to facilitate full staffing of this program In the -coming fiscal year. Accordingly, you are requested to place my transfer of funds request on the Commission Agenda for December 14, 1993. Sincerely, Gary Wheeler, Sheriff Sheriff Wheeler reported that it is uncertain at this time whether we will get a Federal Community Oriented Police Enforcement (COPE) grant. However, Congressman Bacchus promised that he will support our grant application. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously (4-0, Chairman Bird being absent) approved a Sheriff's Department transfer of up to $72,519 from the Capital Budget to the Personnel Budget. 10 PUBLIC HEARING - DEPARTMENT OF UTILITY SERVICES' REQUEST FOR SPECIAL EXCEPTION APPROVAL FOR AN EXPANSION OF THE NORTH COUNTY SUB -REGIONAL WASTEWATER TREATMENT PLANT The hour of 9:05 a.m. having passed, the County Attorney announced that this public hearing has been properly advertised as follows: VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann. Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida, that the attached copy of advertisement, being In the matter of /6 - in the Court, was pub- lished in said newspaper In the Issues Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida. and that the said newspaper has heretofore been continuously published in said Indian River County, Florida. each daily and has been entered as second class mail matter at the post office In Vero Beach. In said Indian River Coun. ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement: and affiant lurlher says that he has neither paid nor promised any person, firm or corporation any discount, rebate. commission or refund for the purpose of securing this advertisement for publication in the said newspaper. .....t .... �a ������ .�0v.�o' Ao,5>AdSybscribed before me this day o a.Isr/ L/D. 19 Mz a�' �"•�G i r NI•(BU 8nager) Y Comm. Expires • (n BARBARA CR nAGUF. NOTARY Ptrnt IC. M June 29, 1997 t tab of ftorWa, My Commissen L.p Jwn ?9.1997 Nom . .CCCC30%7p • .�F FLQ.•••r•. f t e BARBARA C sPnAG11E NOTICE OF PUBLIC HEARING Notice of hearhlg to consider the gran" of spa cbl use approval for an exparlsbn of a owned an Rives b act property alt pre Co. Son 33, Township 31 end h' 1 loco et in Sec - map for the location. Rerhge 39. Sea the above A�ic Inas" at which parties in interest and Citfzots WW have an t>pport * to be heard, will be held by the Board ofCounty COMMIS1 0ners of Wall Rim County. Florida, in the Courcy Com is- slon Chambers of the County Administration Build - bill, located at 1840 25th Street, Vero Beach, Fior- Ida on December 14,1993 at 9:05 a.m.. i Anyone who may wish toap�aIary nee which may be made at this meM v M d slue that a verbatim mood of the proceedings Is made, which includes testimony and evidence upon which the appeal Is based. ANYONE WHO NEEDS A SPECIAL ACCOMMODA- TION FOR THIS MEETM MUST CONTACT THE COUNTY'S .AMERICANS NTH DLRABILITIES ACT fADAI COORDINATOR AT 567.8000 X408 AT LEAST 48 HOURS IN ADVANCE OF THE MEET - INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Nov.22 983 d N. Bird, Chehman 1049947 Planning Director Stan Boling commented from the following memo dated November 30, 1993: E4111 DEC 141993 BOOK 91 PAGE2s30 TO: James E. Chandler County Administrator DI SION HEAD CONCURRENCE: Robert M. Keat g, AI Community Developmen irector THROUGH: Stan Boling, AICP Planning Director FROM: John W. McCoy, AICRI**' Senior Planner, CuxTelit' Development DATE:_ November 30, 1993 BOOK 91 ,u 231 SUBJECT: Indian River County Department of Utility Services' Request for Special Exception Approval for an Expansion of the North County Sub -Regional Wastewater Treatment Plant It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of December 14, 1993. PROPOSED DEVELOPMENT AND LOCATION BACKGROUND: Masteller & Moler, Inc. has submitted an application for special exception and major site plan approval to construct an expansion of the existing north county wastewater treatment plant. The subject property is zoned A-1, Agricultural, and is located on the north side of 77th Street just east of Hobart Park at 5150 77th Street. Regional and sub -regional waste water treatment plants are considered a major utility use which requires special exception approval in the A-1 zoning district. The proposed expansion requires special exception approval since it will result in a facility area increase of more than 10%. The applicant proposes to add a one (1) million gallon per day (gpd) expansion (phase II) to the existing one (1) million gallon per day facility. In addition, the applicant is also seeking approval for the ultimate expansion ("future phases") of this plant site to a 4.0 million gallon per day facility with 4 large effluent storage tanks. Pursuant to Section 971.05 of the LDRs, the Board of County Commissioners is to consider the appropriateness of the requested use based on the submitted site plan and suitability of the site for that use. The Board may approve, approve with conditions or deny the special exception use. The County may attach any conditions and _safeguards necessary to mitigate impacts and to ensure compatibility of the use with the surrounding area. At its November 4, 1993 meeting, the Planning and Zoning Commission voted unanimously to approve the major site plan application subject to Board of County Commissioners approval of the special exception request and to recommend that the Board of County Commissioners approve the special exception use. As part of its special exception use approval recommendation to the Board of County Commissioners, the Planning and Zoning Commission added an approval condition requiring the applicant to fence the entire plant area, including the plant site's lake .frontage, to keep unauthorized persons from entering the plant site. At the Planning and Zoning Commission meeting, the applicant's engineer stated that the applicant did not object to the fencing condition. 12 ANALYSIS: 1. Size of Overall Site: 38.76 acres or 1,689,600 sq. ft. Size of Development Area: 11.01 acres or 479,425 sq. ft. 2. Zoning Classification: A-1, Agricultural (up to 1 unit per 5 acres) 3. Land Use Designation: REC, Redreational 4. Building Area: Existing Building: 2,219 sq. ft. Note: No new building area is proposed. Other structures, such as tanks and equipment, are to be constructed on-site. The maximum height of the proposed effluent storage tanks is 23' 10" above ground level. 5. Phasing: As Phase II, the applicant is proposing to construct a one million gallon per day facility expansion, bringing the total treatment capacity after the phase II construction to two million gallons per day. Phase II is to' -be completed in 1996. The remaining two million gallons per day facility expansion is to be done in "future phases", and will probably be constructed in one million gallon per day increments. Proposed build -out of the 4.0 million gallons per day facility is projected to be between 2003 and 2005. 6. Impervious Areas: Phase I: 30,096 sq. ft. (existing) Phase II: _14,483 sq. ft. (proposed) Sub -Total: 44,579 sq. ft. (both phases) _ Future Phases: 132,224 sq. ft. (future phases) Total Build -Out: 176,803 sq. ft. (all phases, at build -out) 7. Open Space: Required: 60.0% Provided: 78.5% (phase II) _ Provided: 60.6% (build -out) 8. Traffic Circulation: The facility will continue to be accessed from 77th Street by the existing 22' wide two-way driveway. A 12' wide one-way service road will be extended around successive phases of the plant to provide maintenance access to various treatment facilities and equipment. In the opinion of the Public Works Director, the paving of 77th Street does not need to be tied to this project since the proposed expansion should not increase traffic generationl4ttraction to and from the site. Therefore, no road paving or escrow requirements apply. It should be noted that the Public Works Department is coordinating the effort to pave 77th Street from U.S. #1 to Rings Highway at some future date. 9. Traffic Circulation: Required: 5 spaces (existing) Provided: 7 spaces (existing) Note: it is anticipated that no additional parking demand will be generated by the proposed expansion. 10. Stormwater Management: The stormwater management plan has been approved by the Public Works Department, and a Type "A" stormwater permit must be obtained by the applicant. 11. Landscape Plan: The landscape plan is in conformance with Chapter 926, including the buffers required by the specific land use criteria. The existing facility is entirely fenced, and each subsequent will be entirely fenced. 13 DEC 14 1993 BOOK 91 F'�GE x.32 TM M BOOK 91 FnE-233 12. Utilities: The facility will continue to be serviced by an on-site well and county wastewater services. These utility provisions have been approved by the Department of Utility Services and the Environmental Health Department. 13. Dedications and Improvements: The Indian River County Thoroughfare Plan classifies 77th Street as a collector roadway which requires 80' of right-of-way. The proposed site plan depicts 80' of existing 77th Street right-of-way, 40' on each side of the right-of-way centerline. Therefore, no 77th Street right-of-way dedication is required. 14. Concurrency: No new building area and no new employees are proposed in relation to this expansion project. Since no intensification of the site is proposed that would substantially impact traffic, drainage, parks, solid waste or utility demands, concurrency requirements do not apply. 15. Specific Land Use Criteria: a. Any power generation facility shall be consistent with the provisions of the Florida Electrical Power Plan Citing Act, Chapter 23, Section 23.09191 F.S.; b. All below -ground voltage cables within a utility right- of-way shall be made known to the public through the use of signs posted therein; C. The disposal of all waste, gaseous, liquid or solid, shall comply with all federal, state and local laws; d. Between all above -ground facilities, (except distribution and collection facilities) and adjacent properties having a residential land use designation, a Type "A" buffer (reduce to "B" buffer where abutting a local roadway, reduce to "C" buffer where abutting a Thoroughfare Plan roadway) (with six-foot opaque screening) as specified in Chapter 926, Landscaping shall be provided; e. In all zoning districts except the industrial, all equipment, machinery, and facilities which cannot, by their size or nature, be located within an enclosed building shall be separated from adjacent properties having a residential land use designation by a Type "D'" buffer (with six-foot opaque screening) as specified in Chapter 926, Landscaping; f. Driveways located in" close proximity to adjacent properties having a residential land use designation shall provide a six-foot opaque screening between the driveway and adjacent property. An eight -foot opaque screen may be required if deemed necessary to mitigate noise and visual impacts. All of the above applicable specific land use criteria are met by this application. 16. Surrounding Land Use and Zoning: North: Vacant/A-1 South: Vacant/A-1 East: Vacant/RM-6 West: Vacant/A-1 14 - M RECOMMENDATION: Based on the analysis performed, staff recommends that the Board of County Commissioners grant special -exception use approval with the following condition: 1. That prior to issuance of any Certificate of Occupancy (C.O.) for any project phase, all constructed phases of the plant site shall be entirely fenced. Commissioner Adams recalled from past Planning & zoning Commission meetings that Hobart Park was to be limited to recreational uses. Community Development Director Bob Keating explained that this is an allowable special exception use in most zoning districts. He did not recall any specific restrictions being placed on that area. Attorney Vitunac advised that he wrote a legal opinion at that time which stated that a wastewater treatment plant in that area would be acceptable, and that it would provide a source of reclaimed water for irrigation purposes at Hobart Park. The Vice Chairman opened the public hearing and asked if anyone wished to be heard in this matter. There being none, he closed the public hearing. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously (4-0, Chairman Bird being absent) granted special exception use approval for an expansion of the North County Sub -Regional Wastewater Treatment Plant, provided that prior to issuance of a Certificate of Occupancy for any project phase, all constructed phases of the plant site shall be entirely fenced, as recommended by staff. PUBLIC HEARING - PROPOSED ORDINANCE AMENDING CHAPTER 201 (UTILITIES) OF THE COUNTY CODE The hour of 9:05 a.m. having passed, the County Attorney announced that this public hearing has been properly advertised as follows: 15 DEC 141993 BOOK 91 F.,IF:34 BOOK 91 PAGE 20.35 TO: Board of County Commissioners FROM: Terrence P. O'Brien - Assistant County Attorney DATE: December 7, 1993 RE: PUBLIC HEARING - December 14, 1993 SUBJECT: PROPOSED ORDINANCE ENTITLED: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 201 OF THE INDIAN RIVER COUNTY CODE BY THE TRANSFER OF THE REMAINDER OF CHAPTER 24 - UTILITIES, INDIAN RIVER COUNTY CODE (1974 EDITION) TO CHAPTER 201 (1990 EDITION). This is the next to last chapter remaining in the 1974 edition. The attached ordinance transfers the remaining sections in Chapter 24 to Chapter 201. There are no substantive changes except with respect to the definition of utility. REQUEST: Staff recommends approval of the attached proposed ordinance. The Board reviewed the following memo dated December 7, 1993: VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he Is Business Manager of the Vero Beach Press-Joumal, a daily newspaper published at Vero Beach In Indian River County, Florida; that the attached copy of advertisement, being a In the matter of, In the �Court, was pub- lished in said newspaper in the Issues of Yweeg & � !" Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. p.u.r.uu4. $�crQo�ddesbdjscribed before me his day of16n2:z�ig �L P '- �, t •: ,+ My Comm. Expires 10"•4.7~ B s e anagr BARBARA June 29 1997 C. SPRAGUE, NOTARY PUBLIC. cra a Elwid. ' No.CC300572 • ga4ranber;CC306572 6�� •• P "ATE OF .,,.� Notary: BARBARA C. SPRAGUE L� 16 NOTICE The Board of Com Commission= of `indian Rim County, Florida, hereby provdes notice of a Public Hearer scheduled for 9:05 a.m. on Tuesday, December 11 ,, 1993, to discuss the following pro- posed ordinen a entitled: AN ORDINANCE OF INDIAN RIVER COUN- TY, FLORIDA, AMENDING CHAPTER 201 OF THE INDIAN RIVER COUNTY CODE BY THE TRANSFER OF THE REMAINDER OF CHAPTER 24 — UTILITIES INDIAN RIVER COUNTY CODE (1974 EDITION) TO CHAPTER 201 (1990 EDITION). declelon which may whomay at the Pu wish toHearing on December 14, 1993, may reed to enave that a verbatim record of the proceedings is made, which Includes and evidence upon wh Ich the appeal is Nov. 19, 1993 ' . 1049292. Attorney Vitunac explained that the purpose of this ordinance is to transfer the Utilities section of the Code into the new book. The Vice Chairman opened the public hearing and asked if anyone wished to be heard in this matter. There being none, he closed the public hearing. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Macht, the Board unanimously (4-0, Chairman Bird being absent) adopted Ordinance 93-36, amending Chapter 201 of the Indian River County Code by the transfer of the remainder of Chapter 24, Utilities, Indian River County Code (1974 Edition) to Chapter 201 (1990 Edition). ORDINANCE 93- , 3 6 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA AMENDING CHAPTER 201 OF THE INDIAN RIVER COUNTY CODE BY THE TRANSFER OF THE REMAINDER OF CHAPTER 24 - UTILITIES INDIAN RIVER COUNTY CODE (1974 EDITION) TO CHAPTER 201 (1990 EDITION) . WHEREAS, Indian River County is in the process of transition from the 1974 edition of the Code of Ordinances to the 1990 edition of the Code of Ordinances; and WHEREAS, this change is editorial in nature and is part of the transition process, NOW, THEREFORE, BE IT ORDAINED -BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, that: SECTION 1. AMENDMENT. The remainder of Chapter 24 is transferred to Chapter 201 as set forth in Appendix A to this ordinance. SECTION 2. REPEAL. Chapter 24 - Utilities of the 1974 edition of the code is repealed and Special Act 59-1380 is placed in the Special Act Appendix. SECTION 3. SEVERABILITY. If any section, or if any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, in- operative, or void, such holding shall not affect the remaining portions 17 DEC 141993 BOOK 91 P��,r 236 L= .Ji 7 BOOK 91 [A,E 3, / ORDINANCE NO. 93-36 of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. SECTION 4. EFFECTIVE DATE. This ordinance shall become effective upon becoming law. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this _. day of D a c e m h p r , 1993. This ordinance was advertised in the Vero Beach Press -Journal on the 19 day of November, 1993, for a public hearing to be held on the 14 day of December , 1993, at which time it was moved for adoption by Commissioner Eggert , seconded by Commissioner M a c h t , and adopted by the following vote: Chairman Richard N. Bird Absent Vice Chairman John W. Tippin Aye Commissioner Fran B. Adams Aye Commissioner Carolyn K. Eggert Aye Commissioner Kenneth R. Macht A y e BOARD OF COUNTY COMMISSION INDIAN RIVER COUNTY, FLORIDA By Richard N. Bird Chairman Attest By Clerk- - JA. E3ARTO(t CLERK dy, Acknowledgement by the Department of State of the State of Florida, this 6th day of _January , AM 1994. Effective date: Acknowledgement from the Department of State received on this 10th day of January - , 1994, at 10:00 a.m/Ipm. and filed in the Office of the Clerk of the Board of County Commissioners of Indian River County, Florida. 18 r—� RE -SCHEDULING OF APPEAL HEARING The Board reviewed the following memo dated December 8, 1993: TO: Board of County Commissioners LATE: December 8, 1993 FILE: SUBJECT' Re -scheduling of House • Appeal FROM: E. Chandler REFERENCES: oununty Administrator At the December 7, 1993 Board meeting, the Deborah House appeal hearing was scheduled for December 22, 1993. Attached is a request from her attorney to re -schedule the hearing for January. After brief discussion, it was decided that the hearing would be re -scheduled for Thursday, January 20, 1994, at 9:00 a.m. AUTHORIZATION FOR COUNTY STAFF TO ASSIST IN INITIATING DEVELOPMENT OF AN INDUSTRIAL PARR IN THE 74TH AVENUE/OSLO ROAD COMMERCIAL INDUSTRIAL NODE The Board reviewed the following memo dated December 8, 1993: TO: James E. Chandler County Administrator DIV SION HEAD CONCURRENCE: Robert M. Reat Community Dee� elopmen irector FROM: Stan Boling";'-AICP Planning Director DATE: December 8, 1993 SUBJECT: Authorization for County Staff to Assist in Initiating Development of an Industrial Park in the 74th Avenue/Oslo Road Commercial Industrial Node It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of December 14, 1993. 19 DEC 141993 BOOK 91 PAGF2.30 e DEC 14 1993 BOOK 91 PAGE 2.39 DESCRIPTION AND CONDITIONS: One important policy of the county's adopted Overall Economic Development Plan (O.E.D.P.) is Policy 2.2. This policy states that, by 1995, the county will "...initiate development of an industrial park which will provide platted lots served by adequate infrastructure". The Policy further states that the industrial park initiative "...will be a co -development effort between the county and an industrial park developer". For more than a year, the county, the Council of 100, and others have taken steps to initiate development of an industrial park. Such steps have included extending utility services to commercial/ industrial nodes, reviewing the county's LDRs to.ensure that proper mechanisms are in place to allow approval of an industrial park, and recruitment of land owners and businesses interested in developing such a park. Recently, Council of 100 economic development director Alan Campbell approached staff regarding a potential cooperative project between the county, a willing land owner (C. Reed Knight, Jr.), and an interested business that, in conjunction with economic development grant money from the state, could formulate a deal to develop an industrial park at Oslo Road and 74th Avenue. Staff now wishes to inform the Board of these matters and to receive authorization from the Board to spend staff time on researching and pursuing this potential industrial park cooperative deal. ANALYSIS: The previously described industrial park policy and the county's efforts to date envision a cooperative effort between several "players" that will result in development of an industrial park that will generate new jobs and economic development in the county at a relatively low cost to the county, and will primarily involve actual development by the private sector. In order for such an effort to begin, four major "players" are needed: 1. A willing county (willing to facilitate and use some of its resources). 2. A willing funding source for initial improvements (such as the state's economic development CDBG fund). 3. A willing industrial land owner (willing to use land for development and to induce an "anchor" business to develop). 4. A willing "anchor" business (willing to commit to. job creation that qualifies the project for grant money). At this time, it appears that the four "players" may be in place to initiate a cooperative deal to develop a ±55 acre industrial park at the northwest corner of Oslo Road and 74th Avenue (see attachment #1). Conceptually, such a cooperative deal could work as follows: A. The landowner would induce the business "anchor" to develop a tract within the industrial park. The landowner would also develop the industrial park subdivision improvements. 20 - M B. The business ("anchor") would commit to creating a certain number of jobs, and would obtain site plan approval and would develop its tract within the industrial park. C. The state, based upon the job creation commitment from the business ("anchor") and other factors, would grant money for infrastructure improvements necessary to serve the business. D. The county would apply for and administer the grant monies, and could also consider waiving administrative review fees for applications related to rezoning and subdivision approval and permitting. In addition, county staff may be able to provide some design assistance. Staff and the Council of 100 will need to continue to research many details of such a cooperative deal and will need to continue to coordinate closely with the parties involved in order for the project to move forward. Staff anticipates that no expenditure of county funds would be needed; however, staff time and services would be required and review fee waivers could be given. If a cooperative deal is formulated, staff would then seek Board approval and authorization for -modifying, finalizing, or rejecting a formulated deal. RECOMMENDATION: Staff recommends that the Board of County Commissioners authorize staff to further research and pursue formulation of a cooperative venture to develop an industrial park in the 74th Avenue/Oslo Road commercial/industrial node. Community Development Director Bob Keating confirmed that the County is seeking a person to fill the position of economic development planner, and the person who is hired for that position will be working on this project. Commissioner Adams led discussion on funding details, and Planning Director Stan Boling explained that the amount of the grant depends upon the number of jobs created. Alan Campbell, economic development director of the Council of 100, explained that $12,000 will be awarded for each new full-time job. Representatives from the Council of 100 will meet with representatives of the prospective company over the Christmas holidays in an attempt to get a firm commitment from them, which we must have before we can apply for the grant. 21 k DEC 14 1993 BOOK 91 FacF f 40 r DEC 14199 BOOK 91 F, 241 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously (4-0, Chairman Bird being absent) granted conceptual approval of a cooperative venture to develop an industrial park in the 74th Avenue/Oslo Road commercial/industrial node. 800 MHZ COMMUNICATIONS STUDY PRESENTATION BY PALLANS ASSOCIATES Emergency Services Director Doug Wright commented from the following memo dated December 7, 1993: TO: Board of County Commissioners THROUGH: Jim Chandleunty Administrator FROM: Doug Wright Director Department of Emergency Services _- DATE: December 7, 1993 SUBJECT: SOOMHz Communications Study Presentation By Pallans Associates It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: On September 14, 1993, after following the Consultants Competitive Negotiations Act selection process, the Board of County Commissioners approved a contract with Pallans Associates to, conduct a study of the communications system in Indian River County. The contract provided for the study to encompass only Phase I and II of the Request For Proposals in Section 3.0, Scope of Services. The RFP which was issued when the consultant proposals were advertised and selection made, consisted of a total of five phases for the complete communications project. In Phase I, the Consultant was required to conduct a complete analysis of the County and governmental entities current systems, including the base station equipment, communications centers, mobile and portable units, and tower site performance vs potential performances.' Pursuant to Phase II, the Consultant was to conduct a complete assessment of the County and governmental entities future needs. The assessment required that all types of available communications technology be considered equally as well as information on improving existing communications systems with cost information on -- current and new technology. Mark Pallans of Pallans Associates will present the information on December 14, 1993, and answer any questions the Board may have regarding the study findings, conclusions, and recommendations. 22 ALTERNATIVES AND ANALYSIS: All major users of existing communication systems noted some problems in terms of poor coverage in various areas of their transmit areas. While that within itself is reason to consider other communications systems, the impact of narrow band technology and spectrum refarming in FCC Rules under 47 C.F.R., Part 88, is going to make all current radio systems obsolete. In terms of existing systems now in use, the total impact is unknown in terms of cost since there is virtually no narrow band equipment available in the VHF and UHF areas of the spectrum and manufacturers have not tooled up and implementation timetables remain undefined. The consultant recommends replacing the current communication systems with a 800 Megahertz trunked radio system utilizing the simulcasting type design. While this is the most expensive type of trunking, the cost is generally outweighed by the performance of the communications system. The consultant will discuss cost estimates and various options of funding the recommended communications system. RECOM4ENDATION: Staff recommends the Board approve the concept of an 800 MHz Trunking Radio System and authorize staff to draft a plan to include participants, method of funding, implementation schedule, and specific cost estimates for further consideration and direction by the Board. Staff also requests the Board authorize formal contacts with other governmental entities to provide information and -=presentations as appropriate to ascertain a commitment to participation in the new communications system. Mark Pallans, of Pallans Associates, gave a slide presentation and reviewed the information in a report entitled "The Future of Communications for Indian River County." Administrator Chandler discussed potential vendors and sources of funding for this project. He explained that alternatives will be presented to the Board for consideration after the study is completed. Lengthy discussion ensued about various aspects of the project. The most important point made by staff and the consultant was that the current system will be rendered obsolete by new rules of the Federal Communications Commission. ON MOTION by Commissioner Macht, SECONDED by Commissioner Eggert, the Board unanimously (4-0, Chairman Bird being absent) granted conceptual approval of an 800 MHz Trunking Radio System and directed staff to continue to gather information for presentation to the Board, as set out in the above staff's recommendation. 23 DEC 141993 BOOK 91 PvF 242 REPORT OF PALLANS ASSOCIATES ENTITLED "THE FUTURE OF COMMUNICATIONS FOR INDIAN RIVER COUNTY" IS ON FILE IN THE BCC OFFICE BOOK 91-7„243 NEW COURTHOUSE COMPLEX - FURNISHINGS AND EOUIPMENT General Services Director Sonny Dean commented from the following memo dated December 6, 1993: DATE: DECEMBER 6, 1993 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: H.T.. "SONNY” DEAN, DIRECTO DEPARTMENT OF GENERAL SERVICES SUBJECT: NEW COURTHOUSE COMPLEX - FURNISHINGS AND EQUIPMENT BACKGROUND: Based on instructions from staff with input from the Courthouse Advisory Committee, the architect has compiled a list of furnishings that will be required in the new facility. Staff took the position on this segment of the project, not to provide new furniture over the entire building. New systems furnishings will be used in all the general office areas to maximize use of the space and to facilitate rearranging of those areas to meet various needs during the life of the building. Other new furniture is designated in areas that are directly exposed to the public. The old furniture that has some useful life, will be placed in the remaining areas. ANALYSIS: The method used to estimate the original equipment and furnishings budget was based on square footage of the new building. Actual cost of the furnishings and equipment required, along with items that had to be added in order to meet the requirements of the various entities housed in this facility, has caused this line item to be over that original estimated budget. Staff has made every effort to control cost. A quality grade of furniture was specified with concentration on longevity of service as well as cost of that item. An extensive amount of research has been done on quality furnishings that are on - existing governmental contracts in order to keep cost at a minimum. The discounts offered on these contracts far exceed any other pricing we could obtain. RECOMMENDATIONS There is an area adjacent to the law library that has been designated as an Attorney's Lounge and wo=k -area. Some of the original Advisory Committee had recommended this furniture be funded through the construction budget along with all our other furnishings and equipment. Since the budget for furnishings is over the original 24 estimate, due to critical needs of the various departments, Staff is requesting Board action on funding this particular area from the construction budget. Staff is also requesting Board approval of the attached list of furnishings for the new courthouse. The associated cost is an estimate based on pricing from vendors that contract with various governmental entities. Director Dean distributed a list of proposed furnishings for the new courthouse. He explained that all of the items are of good quality and should stand up under heavy use. The new furnishings will be placed in areas used by the public, and the old furniture will be used in the work areas in the building. He emphasized that many of the old furnishings will be used. The purchases will be made under the terms of existing governmental contracts to save money. Antonio Amado, director of interiors of the architectural firm Pierce, Goodwin, Alexander and Linville, discussed the criteria used to determine which furnishings from the old courthouse can be used at the new courthouse. He stressed that as much of the old furnishings as possible will be used. Commissioner Tippin asked how much the total cost of the new furnishings exceeds the original amount budgeted. General Services Director Sonny Dean advised that the original furniture budget of $600,000 was based on square footage. The list of furnishings being presented today totals $874,702, but he expected to be able to reduce the cost to about $700,000 by conducting negotiations with the manufacturers and buying in volume. Commissioner Macht pointed out that all of the furnishings meet the specifications to avoid sick building syndrome, which contributed to the higher cost. He emphasized that the furnishings are standardized and custom orders were not permitted. He reported that the furniture from the old courthouse in good condition that cannot be used in the new courthouse will be kept on hand for transfer to other County departments as needed. He mentioned that the furnishings in the lawyer's lounge could be eliminated from the list to same some money. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously (4-0, Chairman Bird being absent) eliminated the furnishings in the lawyers lounge in the new courthouse from the budget. 25 on Raffi-OHM BOOK �� FF - 1 BOOK 91 F-nE245 Jeffrey K. Barton, Clerk of the Circuit Court, led discussion concerning areas where costs could be reduced. For example, the amount budgeted for shelving seems excessive with our new records retention policy which permits destruction of certain records after one year. He also suggested eliminating the casters on the jury assembly room chairs to save money as well as make the chairs safer. Mr. Amado indicated that he would be willing to discuss these suggestions with Mr. Barton. ON MOTION by Commissioner Macht, SECONDED by Commissioner Eggert, the Board unanimously (4-0, Chairman Bird being absent) approved staff's recommendations as set out in the above memorandum and directed staff to continue to communicate with various department heads and deal with objections on the basis of fact rather than personal taste. RIGHT-OF-WAY ACQUISITION - 41ST STREET - VIRGINIA WALKER RUSSELL, C. REED KNIGHT, WILLIAM AND SELMA I. LUTHER PARCELS - INDIAN RIVER BOULEVARD, PHASE IV The Board reviewed the following memo dated December 8, 1993: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Director -' Terry B. Thompson, P.E. Capital Projects Manager FROM: Donald G. Finney, SRA County Right -of -Way Agent SUBJECT: Purchase Authorization; 41st Street Right -of -Way Acquisition, Virginia Walker Russell, C. Reed Knight, William & Selma I. Luther Parcels, Indian River Boulevard, Phase IV DATE: December 8, 1993 DESCRIPTION AND CONDITIONS Indian River County is planning to widen and pave 41st Street east of US Highway #1 to Indian River Boulevard, Phase IV. Additional right-of-way is needed to accomplish the project. Attached is a summary table of all the parcels to be acquired and costs. Also attached are the appraisals for each of the parcels. 26 I M M Staff requests the Board accept the contracts (total price of $191,928.25.) and direct the Chairman to execute the contracts on the Board's behalf. Funding is available in Account No. 309-215-541-066.12. Public Works Director Jim Davis recounted that staff presented a recommendation at last week's BCC meeting to purchase the Virginia Walker Russell parcel for approximately $46,000. The Board directed staff to ask the property owners to reconsider the County's offer to purchase the parcel at its appraised value. The owners of all of the subject parcels now have accepted the County's offer to purchase the rights-of-way at the appraised values, but they want the County to reimburse them for legal costs. In addition, it is staff's recommendation to reimburse the owners of the Virginia Walker Russell Parcel for approximately 31 citrus trees located outside the right-of-way which must be removed to provide grove access that is being lost due to the County's purchase. Commissioner Macht stated that, as he mentioned at previous Board meetings, the County should train an employee or hire an outside negotiator to make these purchases. The appraised values often are too high, and in some instances the County enhances property values by making improvements, and then pays a higher price when purchasing that right-of-way. Administrator Chandler pointed out that some of the property owners wanted more than the appraised value, and County staff negotiated with them and persuaded them to accept the County's offer. Commissioner Tippin commented that it would cost the County a lot more money to go through a condemnation procedure. Commissioner Adams led discussion about the necessity of purchasing the parcels, and Director Davis explained that these parcels are needed to correct a drainage problem between the one - mile ridge and the FEC Railroad tracks. He noted that these are the final purchases of rights-of-way for all the connecting roadways for 53rd Street, 45th Street, and 41st Street between U.S. 1 and Indian River Boulevard. He further stated that the cost of this entire project has been offset by grants from the Florida Department of Transportation in the total amount of $1,200,000. 27 L6.0EC 14 1993 BOOK 91 FADE j46 DEC 14 �9�� BOOK 91 rnF 247 ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously (4-0, Chairman Bird being absent), accepted the contracts with Virginia Walker Russell, Trustee; C. Reed Knight; and William and Selma I. Luther for purchase of right-of-way, as recommended by staff. SEVEN (7) CONTRACTS ARE ON FILE IN THE OFFICE OF CLERK OF THE BOARD INDIAN RIVER SOCCER ASSOCIATION - REQUEST FOR LONG TERM LEASE OF 25 ACRES OF THE OSLO DUMP SITE LOCATED SOUTH OF IST STREET WEST OF OLD DIXIE HIGHWAY The Board reviewed the following memo dated December 7, 1993: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E., Public Works Director SUBJECT: Request by Indian River Soccer Associatlen for Long Term Lease of 25 Acres of the Oslo Dump Site Located South of 1st Street West of Old Dixie Highway REF. LETTER: Alan Campbell, IRSA, to Jim Davis dated Oct. 21, 1993 DATE: December 7, 1993. FILE: SWOM.AGM DESCRIPTION AND CONDITIONS The rapidly growing Indian River Soccer Association (IRSA) is requesting a long term lease to utilize approximately the south 25 acres of the Oslo Dump site located west of Old Dixie Highway south of 1st Street. The site was used in the 1960's and early 1970's for a landfill. The Soccer Association is now serving over 700 youth, and it has outgrown available facilities. Since the IRSA is well organized and solvent, it has indicated to staff and the Parks and Recreation Committee that if use of the land is approved the association will seek primarily private, but possibly public, funds to construct a high quality soccer complex. Some reclamation of the land will be necessary to prepare the site. ALTERNATIVES AND ANALYSIS The Parks and'Recreation Committee considered the request on Dec. 2, 1993. After an impressive presentation, the Committee unanimously approved the recommendation for the County to lease the site to the IRSA at a nominal cost. Both the Solid Waste Disposal District staff and Public Works Department staff have no objection. The County's Recreation Master Plan has programmed the site for an unspecified recreation purpose. 28 RECOMMENDATIONS AND FUNDING It is recommended that staff be authorized to prepare a long term lease for the property (20 year renewable lease at $1.00/year) for future board consideration. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously (4-0, Chairman Bird being absent) authorized staff to prepare a 20 -year renewable lease with the Indian River Soccer Association at $1.00 per year, as recommended by staff. COUNTY GROVE FRUIT HARVEST The Board reviewed the following memo dated December 7, 1993, with attached letter dated December 6, 1993: DATE: DECEMBER 7, 1993 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINT DIRECTOR OF UTIL TY% SERVICES PREPARED TERRY H. DRUM AND STAFFED ENVIRONMENTAL SPECIALIST BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: COUNTY GROVE FRUIT HARVEST r" BACKGROUND The Department of Utility Services has (approximately) a 60 -acre citrus grove located at the West Regional Wastewater Treatment Plant site. On November 23, 1993, the Board of County Commissioners authorized the Department of Utility Services to negotiate the sale of the 1993-1994 grapefruit crop. (See attached agenda item.) ANALYSIS One verbal bid price for each type of grapefruit (white and red) was received. .The price for the white grapefruit is at the going market price of $0.75 per pound solids "delivered in," less $1.65 per box for pick, load, and haul. The price for the red grapefruit was $3.25 per box on the tree. Both prices were quoted by Hubert Graves Packing Company, Inc. (see attached). The white grapefruit have a pick date of January, and the red grapefruit have a pick date of February. The estimated total amount of fruit sales should be approximately $32,000. Last year's (1992-1993) grapefruit crop brought in prices of $0.85 per pound solids, less $1.75 per box for pick, load, and haul for white grapefruit, and $4.00 per box on the tree for red grapefruit. RECOMMENDATION - The staff of the Department of Utility Services recommends that the Board of County Commissioners authorize the sale of the 1993-1994 grapefruit crop to Hubert Graves Packing Company, Inc., at the price stated in the attached quote and execute the attached agreement. W* BOOK 91 PACE 248 DFC 14 im December 6, 1993 Zndian River County Utilities Dept. Attns Terry Drum 1840 25th Street Vero Beach, FL 32960 REs e–a–t Rggutgng-GCges Dear Sirss BOOK 91 pnGF 249. As you requested, Hubert Graves packing Co.,Znc. is pleased to offer the following for citrus fruit. RED GRAPEFRUZTs A price of $3.25 per box picked from the tree for fresh shipping. KHZTE GRAPEFRUIT.- A price of 60.75 per you»d solid, delivered to plant for processing. ,Less 61.65 per box for pick, load and haul. picking would begin shortly -after the first of January for the whites, and .February for the reds. No hope we are favored with a reply for these prices, at which time we would furnish additional documentation as requested. Sincerely, Hubert Graves Jr., Pres ent HUBERT GRAVES -OACZ C . ,INC. ON MOTION by Commissioner Macht, SECONDED by Commissioner Eggert, the Board unanimously (4-0, Chairman Bird being absent) authorized the sale of the 1993-1994 grapefruit crop to Hubert Graves Packing Company, Inc., under the terms set forth in staff's memorandum. CONTRACT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD SLUDGE/SEPTAGE ORDINANCE The Board reviewed the following memo dated December 8, 1993: cm A TO: BOARD OF COUNTY COleaSSIONERS FROM: Terrance G. Pinto, Utility Services Director DATE: December 8, 1993 RE: SLUDGE/SEPTAGE ORDINANCE On August 25, 1993, the County Commission and City Council met jointly to discuss the County sludge/septage proposed ordinance. After much discussion, the County moved to delay any County action on the ordinance for 90 days to allow the City time to study the matter, hire a consultant, and make recommendations to the City. The Department of Utility Services has been informed that the City is seeking proposals from haulers to transport City sludge outside the boundaries of Indian River County for disposal. On November 25, 1993, the 90 -day time frame expired; therefore, it would be appropriate for the County to proceed to take whatever action that is necessary on the sludge/septage ordinance. Administrator Chandler understood that the consultant's report on a Vero Beach sludge treatment facility is nearly completed. Meanwhile, the City is hauling the sludge out of the county. Larry Braisted, Vero Beach City Attorney, confirmed that the City Council will review the consultant's report on January 4, 1994. After further discussion, Commissioner Adams suggested that we schedule a public hearing on the ordinance now, as we should know what the City plans to do before that hearing. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Macht, the Board unanimously (4-0, Chairman Bird being absent) scheduled a public hearing for January 25, 1994, at 9:05 a.m., on a proposed County ordinance regarding the disposal of sludge and septage. 31 14 1993 8.009 91 PAGE 950 F�arf ��� DEC 14 1993 BOOK 91 WATER EXPANSION . PHASE 2. CONTRACT D. CHANGE ORDER NO. 1 AND FINAL PAY REQUEST The Board reviewed the following memo dated December 8, 1993: DATE: DECEMBER 8, 1993 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILITY SERVICES STAFFED AND PREPARED BY: H. D. "DUXE" OSTER, P.E (� ENVIRONMENTAL ENGINEER DEPARTMENT OF UTILITY SERVICES SUBJECT: WATER EXPANSION PLAN, PHASE II, CONTRACT "D" IRC PROJECT NO. UW -91 -14 -DS CHANGE ORDER NO. 1 AND FINAL PAY REQUEST BACKGROUND: On October 27, 1992, the Indian River County Board of County Commissioners approved the Water Expansion Plan, Phase II, in the amount of $1,893,429.35. On March 9, 1993, the Board of County Commissioners awarded Contract "D", in the amount of $194,112.49. Construction has been completed, and the contractor, A.O.B. Underground of Indiantown, Florida, has made application for final payment. The pay request includes a change order increasing the contract amount by $35,428.89. This was the result of field adjustments which included changing from double services to single services, and a substantial increase in the amount of paved restoration. The increase in paved driveway was due to the bid items being based on a 3' wide cut, but in actuality, the width of the cut was considerably more than that due to our policy to extend driveway cuts to the edge of the paved roadway. Other changes included decreases in 8" ductile iron pipe (D.I.P.), in 6" PVC pipe, in 6" D.I.P., in 4" PVC pipe, in 6" gate valves, in fittings, in nonpaved road restoration, and in nonpaved drive restoration, which resulted in decreased cost; in addition to the increases mentioned previously, there were increases in sample points, in retainer glands, in 8" PVC Dive, in paved road restoration, in seed and mulch, and in 2" PVC water main, which resulted in increased cost. The net result was an increase of $3F,428.89, the largest item being increased driveway restoration at a cost of $23,987.00. A deduction of $5,000.00 from the pay request to overlay 35th Avenue at the recommendation of the Public Works Director has been made. This brings the total cost of the project to $229,541.38. The contractor has been paid $171,928.73, leaving a balance of $57,612.65; the $5,000.00 deduction leaves a total of $52,612.65 due the contractor. 32 ANALYSIS: _. All Indian River County Department of Utility Services requirements have been met, except the following: 1. Sod restoration along 42nd Court in Westwind Subdivision; contractor personnel assured us that the sod was to be put down on Friday, December 10. 2. Regrading swale from north property line of 475 31st Avenue to south property line of 535 31st Avenue. Remove spoil pile from swale area. 3. Remove excess fill, and regrade swale where temporary driveway was installed and removed at 510 33rd Avenue. 4. Overlay driveway swale at 430 38th Avenue to provide runoff. 5. Clean up and remove all excess materials and equipment from the temporary project storage yard. The contractor has planned, through coordination with our consultant, McQueen and Associates, to correct these items by the weekend, December 11 and 12. Restoration has been accepted by the Public Works Department, except for the requirement above and for removal of one piece of equipment which apparently belongs to the contractor. Final clearance has been received from the Department of Environmental Protection. RECOMMENDATION: The staff of the Department of Utility Services recommends approval of Change Order No. 1 and approval of the final pay request in the amount of $52,612.65 as payment in full. Utility Services Director Terry Pinto reported that Public Works Department staff made a final inspection, and the problems apparently have been resolved. Commissioner Macht contended that 3 or 4 of the people who live in that area continue to complain that the swales have not been returned to their previous condition, and there are cracks in some of the driveways which the residents claim were caused by the contractor. Commissioner Macht saw spots where hydraulic fluid leaked or was dumped and one area where the machinery left tracks on somebody's property. The residents told him they were never included in any of the inspections, and it was their feeling that they should be included in the final acceptance process. Commissioner Adams stressed that she did not want to release the final payment until all the problems are resolved. She was willing to accompany staff to the area and explain what she was talking about. She emphasized that we have a responsibility to 33 BOOK, 91 PAGE 252 DEC 41993 BOOK 9 `,� r_ 953 leave the area in at least as good a condition as it was before this project was started. Director Pinto responded that staff will follow the Board's direction. He was concerned that no matter what we do, some of the residents in that area will never be happy. He stressed that he was not trying to defend the contractor. Vice Chairman Tippin felt that we should withhold more than $5,000 until the problems are resolved. He felt that we should do the best we can to return the area to the condition it was in before this project was started, but he agreed with Director Pinto that some of the people who live there will never get over the fact that the County paved the road and then tore it up to put in utilities. Commissioner Eggert reported that she drove through the neighborhood the previous day, and the job did not look complete to her. She asked whether the 5 problems listed in staff's memorandum were resolved. Duke Oster, environmental engineer from the Utilities Department, reported that he discussed the 5 items listed on staff's memorandum with Darrell McQueen, the consultant on this project, Mr. Bates of A.O.B. Underground, and Tyler Tillis from the Public Works Department. He was assured by all three individuals that the problems were resolved. Commissioner Macht commented that we must do our best to provide proper maintenance when we do these projects, but we should explain to the 'residents that it may not be possible to make everything exactly like it was before this project was started. O'Neal Bates, President of A.O.B. Underground, contended that the County has owed his company over $50,000 since July and it is unacceptable for the County to continue to withhold money that is due him. He stressed that his company trusted the County and did extra work without requiring change orders, and this project has exceeded the contract amount by about $30,000. MOTION WAS MADE by Commissioner Adams, SECONDED by Commissioner Eggert to pay the contractor 50 percent of the $52,612.65 that is owed, hold the balance until next week's BCC meeting, and take final action at that time. Under discussion, Commissioner Adams stated that the following specific problems must be resolved: (1) some of the swales were 34 not reopened; (2) a pile of dirt remains on the south side of one driveway. THE VICE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously (4-0, Chairman Bird being absent). Vice Chairman Tippin directed Director Pinto and Public Works Director Jim Davis to settle these matters between now and next week's meeting. CHANGE ORDER NO. 1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD ELECTRICAL POWER LINE ISSUE The Board reviewed the following memo and attachment dated December 8, 1993: TO: BOARD OF COUNTY COMMISSIONERS 4j FROM: Charles P. Vitunac, County Attorney DATE: December 8, 1993 RE: ELECTRICAL POWER LINE ISSUE At the November 17, 1993, meeting of the Legislative Delegation the County made a presentation supporting the Treasure Coast Council of Local Government's proposed bill which would ask for a public meeting requirement before electrical utilities could construct certain trans- mission lines. After the presentation Senator Patsy Kurth expressed an interest to me in helping to develop such a bill. Our office and the Community Development Department prepared the attached proposed general bill and submitted it to the Senator's Office. Simultaneously with the Delegation presentation the County's Community Development Department began considering adoption of local regulations to address the power line issue. One of those local regulations would be the an public meeting requirement as was presented to the Delegation for a state-wide regulation. However, after meeting with the attorneys for Florida Power & Light Company, our "office and the Community Development Department agree that state law prohibits counties from adopting transmission line regulations as part of land development regulations. Any locally adopted regulations thus would have to be adopted under the police power rather than the land development power. Since we are informed that neither FPL nor the City of Vero Beach has plans in the next several years for the construction of new transmission lines, the question arises whether we should delay adopting local regulations and proceed with attempting to get state-wide regulations passed. 35 BOOK 91 F'AG� 25 L. EC 41993 I DEC 14 1993 BOOK 91 F.�lcr655 I recommend delaying local regulation adoption until the Legislature has had an opportunity to deal with the issue at the state level since there is still some legal issue concerning our authority to adopt these regulations even under the police power. REQUESTED ACTION: Request direction from the Board whether to proceed with the adoption of a County ordinance similar to the proposed state law amendment or whether to wait until the Legislature has dealt with the matter on a state-wide basis. Commissioner Macht suggested that we wait and see if the State enacts legislation. Commissioner Adams predicted that the State most likely will not do anything, and she wanted to move forward regardless of whether the City of Vero Beach or Florida Power & Light have plans for more lines in the near future. Commissioner Eggert preferred to give the State until April to take action. However, she agreed that the Board should definitely enact an ordinance if the State does not do anything by April. She hoped that the City of Vero Beach Utilities Department and Florida Power & Light realize that people want an opportunity to be heard before high voltage transmission lines are placed in their neighborhoods. COMMISSIONER ADAMS MADE A MOTION TO PROCEED IMMEDIATELY WITH THE ADOPTION OF A COUNTY ORDINANCE. THE MOTION DIED FOR LACK OF A SECOND. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Macht, the Board unanimously (4-0, Chairman Bird being absent) agreed to forward the proposed bill to the State of Florida, and if the State fails to act on it in a positive manner by April, to schedule hearings to consider a County ordinance providing a public meeting requirement on certain transmission line siting actions. PUBLISHING OF LEGAL NOTICES The Board reviewed the following memos dated December 3, 1993: 36 TO: Board of County Commissioners &a�L� FROM: Charles P. Vitunac, County Attorney DATE: December 3, 1993 SUBJECT: PUBLISHING OF LEGAL NOTICES The attached memorandum from Terry O'Brien indicates the possibility of saving money on the cost of legal advertising which we presently place without bid in the Vero Beach Press Journal. It appears that the "Sun" newspaper may qualify as a legal newspaper. Therefore, we may wish to consider going out to bid under the conditions outlined in the attached memorandum. Staff Recommendation: Direct Purchasing Department to prepare bids for publishing legal advertisments and other official notices for calendar year 1994 in accordance with the attached memorandum. TO: Charles P. Vitunac - County Attorney FROM: Terrence P. O'Brien - Assistant County Attorney DATE: December 3, 1993 SUBJECT: PUBLICATION OF LEGAL NOTICES As a subscriber and reader of the Vero Beach Sun newspaper, I wondered why no legal notices appeared in the paper. My curiosity has lead to this memorandum. Pursuant to Section 50.031, F.S. , legal notices must be published "in a newspaper which at the time of such publication shall have been in existence for -one year and shall have been entered as second-class mail matter at a post office in the County..." The Vero Beach Sun has been published for approximately 40 weeks under the masthead "Vero Beach Sun"; liowever, the "Sebastian Sun" has been printed for more than 14 years. As I understand it, these are the same newspapers with news stories weighted more to the community set forth in the masthead. Thus, it would appear that the "Sun" could be considered as meeting the statutory criteria now or in a worst case in 12 weeks from now. The "Sun" under both mastheads has been entered as second-class mail matter. The "Sun" does not have paid subscribers but I understand that they plan to place newsracks in the County which will require insertion of a coin to obtain the paper and that may be sufficient under Section 50.11, F . S . , however, as long as it is "available to the public generally" (AGO 73-149) that also may be sufficient without regard to sale especially if you read Section 50.031, F . S . , as controlling. Inasmuch 37 BOOK 91 F -AGE 256 DEC 14 1993 BOOK 91 r-, Gu 257 as the one year publication requirement appears aimed at fly by night operators, the 14 year publication record of the "Sun" would appear to met the statutory intent. In view of the foregoing, it is my opinion that the "Sun" under its two mastheads is a newspaper in which legal notices and process may be published. Having reached this conclusion, attention should be directed to Section 50.061, F . S . , 'which sets forth the charge for publishing each official notice at 70 cents per square inch for the first insertion and 40 cents per square inch for each subsequent insertion. When the regular established minimum commercial (as opposed to "official notices") rate per square inch exceeds the above rate, said minimum commercial rate may be charged for legal notices. The Press Journal currently charges $9.74 per square inch (a copy of their legal billing table is attached) . Therefore, under Section 50.061(3) , F. S . , the County and municipalities may solicit and accept written bids from newspaper published in the County. In view of the foregoing, it might be a good idea for the County to solicit bids from the two county newspapers that appear to qualify under Section 50.031, F.S. , to see if a substantial cost savings could be realized. However, if the Sun were the low bidder it may be prudent to seek a declaratory judgement from the court as to the legality of using the Sun under Chapter 50, F.S. , before actually placing legal notices. Such a proceeding is relatively uncomplicated and can be accomplished with very little expense. Assistant County Attorney Terry O'Brien advised that it is not difficult to file a request for declaratory judgment in Court, and we could do that while simultaneously requesting bids from both newspapers. Attorney Vitunac explained that although staff is comfortable that the Vero Beach Sun is a legal newspaper, it is better to make absolutely sure by obtaining a declaratory judgment. ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board unanimously (4-0, Chairman Bird being absent) directed the Purchasing Department to prepare bids for publishing legal advertisements and other official notices for calendar year 1994, and directed the Legal Department to seek a declaratory judgment as to the legality of using the Vero Beach Sun under Chapter 50, F.S., before actually placing legal notices. CITY OF VERO BEACH REQUEST FOR JOINT RESOLUTION ON USE OF TOURIST TAX REVENUES Deputy County Attorney Will Collins commented from the attached memo dated December 6, 1993: 38 M ,= M TO: The Board of County Commissioners FROM: ,7<� William G. Collins II - Deputy County Attorney DATE: December 6, 1993 SUBJECT: City of Vero Beach Request for Joint Resolution on Use of Tourist Tax Revenues On September 21, 1993 the Vero Beach City Council adopted Resolution No. 93-30, copy attached. The resolution, in essence, is a joint City -County pledge that 50% of County wide tourist tax revenues be utilized for beach preservation projects within District 1 (the City of Vero Beach) . The resolution was considered by the Tourist Development Council e - October 27, 1993. A motion to recommend that the Board of Count. Commissioners approve the resolution as pregented (Exhibit 1) was amended (Exhibit 2) because of concern that one half of tourist tax revenue would be pledged to District I beach projects (paragraph 4) even if there was growth in revenues beyond that needed to support a bonded beach project. That would preclude expenditures for either District I hotel advertising, etc., or District II beach projects. Neither motion received the four votes necessary to pass, thus the matter is before the Board of County Commissioners without a formal recommendation of the Tourist Development Council. Prior to action on the requested joint resolution, the Board of County Commissioners' ahould be aware of the following points: 1. Such a resolution is not legally binding. The current Commission/ Council could at any time depart from the Resolution's formula on the use of tourist tax revenues. Similarly, it would not be binding on any future Commission/ Council. - - 2. The resolution seems premised on the assumption that the Vero Beach City Council is entitled to one half of all tourist tax revenues or all of District I revenues. Under Florida Statutes, the Board of County Commissioners has full authority over the appropriation of all tourist tax revenues from District I and District II, with the City of Vero Beach being allocated one of nine seats on , the Advisory Tourist Development Council. 3. Under Indian River County Code Chapter 210, one cent or one third of the total tourist tax is dedicated to beach projects. The County Commission has the discretion to increase the amount of tourist tax revenues dedicated to beach projects to 1.5 cents or one half the total tourist tax. This resolution as presented removes that discretion and pledges one half of the total tourist tax to beach projects, with a further proviso that such beach projects must be in District I. Vero Beach City Attorney Larry Braisted explained that this resolution should satisfy the concerns of the Tourist Development Council. He advised that Councilman Jack Grossett has already reviewed it and is in concurrence with it. The other City Council members will review it at their next meeting. 39 DECDECA 4 1993 BOOK 91 PMH258 DEC 141993 _I BOOK 91 pg F259 Vice Chairman Tippin thought this might settle some problems that arose at the joint City -County meeting when the 3rd cent tourist tax was discussed. Commissioner Adams asked whether the revenue is identified as revenue from District 1 or District 2. Commissioner Eggert explained that at this point we do not know what percentage of the money comes from each District, but the next item on today's agenda is a resolution asking the State to provide us with that information. OMB Director Joe Baird advised that it is difficult for the State to identify the city's boundaries because of their unusual configuration, and zip codes cannot be used because they overlap between the City and the County. Another problem is that a property owner may own rental property inside and outside the city limits and list them on one sales tax report. Director Baird felt certain that most of the current tourist tax revenue comes from the City. He pointed out that it is equally difficult to determine whether certain expenditures benefit the City or the County or both. For example, a Chamber of Commerce advertising campaign benefits the City and the County, but it is unclear who receives the most benefit. MOTION WAS MADE by Vice Chairman Tippin, SECONDED by Commissioner Adams, to adopt Resolution 93-214, a Joint Resolution of the City of Vero Beach and the County of Indian River setting forth an agreement on the appropriate use of tourist tax revenues. Under discussion Commissioner Adams suggested that we change the last sentence of paragraph 4 by omitting the words "within District 1" because she felt that beach management is needed in the entire county. COMMISSIONER TIPPIN AMENDED HIS MOTION TO REMOVE THE WORDS "WITHIN DISTRICT 1" FROM THE LAST SENTENCE IN ITEM 4. Commissioner Adams asked whether 50% was just a number we drew out of the air and what would happen if tourist tax revenues decrease. She also asked for an explanation of paragraph 5. Attorney Collins explained that the Vero Beach City Council considers 50% to be a fair estimate of the percentage of tourist tax revenues that come from District 1. He reminded the Board that the County has the authority to make annual allocations based on the recommendations of the Tourist Development Council as long as 40 those allocations are authorized uses under State law. This resolution is a statement of the present intent of the City Council and the Board, but if the composition or philosophies of either group changes, a new resolution can be passed. However, we are committed to construct the Prefabricated Erosion Protection (PEP) reef. If tourist tax revenues decrease, we will have to find another source of funds. State law does not permit the use of more than 50% of total tourist tax revenues for beach preservation. Attorney Collins asked Attorney Braisted to explain paragraph 5 since it pertains to the City. Attorney Braisted explained that paragraph 5 states that the City of Vero Beach agrees to use its share of tourist tax funds for the PEP project. He emphasized that this resolution is to assure that the use of the funds will be not be debated every year. Commissioner Eggert pointed out that the City benefits from expenditures of tourist tax dollars other than the PEP reef. Therefore, the City will benefit from more than 50% of the total expenditures. THE VICE CHAIRMAN CALLED FOR THE QUESTION, AS AMENDED. It was voted on and carried unanimously (4-0, Chairman Bird being absent). CITY OF VERO ©EACH RESOLUTION NO. 93- 30 INDIAN RIVER COUNTY RESOLUTION NO. 93-214 A JOINT RESOLUTION OF THE CITY OF VERO•BEACH AND THE COUNTY OF INDIAN RIVER SETTING FORTH AN AGREEMENT ON THE APPROPRIATE USE OF TOURIST TAX REVENUES; PROVIDING FOR USE OF FIFTY PERCENT OF THE TOTAL TOURIST TAX REVENUES FOR BEACH PRESERVATION; AND PROVIDING FOR THE ISSUA14CE .OF REVENUE BONDS FOR A BEACH PRESERVATION PROJECT. ' WHEREAS, pursuant to Florida Statutes, the Board of County Commissioners of indian River County have the authority to expend tourist tax revenues for those purposes set forth in Florida Statutes 125.0104 and Indian River County Ordinances, Chapter 210; and WHEREAS, beach preservation is an authorized use of tourist tax revenues; and WHEREAS.,.the majority of the tourist tax revenue ie collected within the City of Vero Beach (District 1); and WHEREAS; studies have shown that the primary attraction of Vero Beach and Indian River County for tourists is the beaches; and 41 DEC 141993 BOOK 91 P,,,c 260 r DEC 14 1943 BOOK 91 pgf 261 -1 CITY OF VERO BEACH RESOLUTION NO. 93- 30 INDIAN*RIVER COUNTY RESOLUTION NO. 93-214 WHEREAS, both the City Council of the City of Vero Beach and the County Commission of County of Indian River have agreed that the highest priority for the use of tourist tax revenue is for beach preservation; and WHEREAS, the Beach Committee of Indian River County has determined that a project requiring the.expenditure of significant amount of capital will be necessary for the protection and preservation- of the beaches of Indian. River County, and specifically within District 1 where the most severe problem with erosion exists and the largest number of tourist -related facilities are, located. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERO BEACH, FLORIDA, AND THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT,s 1. The Board of County Commissioners of ,Indian River County shall pledge for beach preservation, fifty percent of the total county -wide tourist tax revenues received for beach preservation, until such time as those revenues exceed the debt service requirements for the District 1 PEP Reef project. 2. The Board pf County Commissioners of Indian River County shall issue the maximum amount of revenue bonds possible with a pledge of fifty percent of the total tourist tax revenue to amortize said bonds over 20 years. 3. The additional one -cent tourist tax revenue received by Indian River County shall be placed in an escrow account and expended solely for beach preservation until the revenue bonds are issued. Then the balance, if any, shall be used for debt service payments as such become due or for the reduction of bond principal. 4. Any part of the fifty percent of the tourist tax revenue pledged as security for bond debt service that is not actually used for debt service payments, shall be placed in an escrow account and expended for beach preservation within District 1 or District 2 or for other authorized uses within District 1, and upon 60 days, prior notice to the City of Vero Beach. That any reimbursements or grants received from any federal or state agency for beach 42 CITY OF VERO BEACH RESOLUTION NO. 93- 30 INDIAN RIVER COUNTY RESOLUTION NO. 93-214 preservation shall not be used to offset in any manner the fifty percent pledge of tourist tax revenue, but shall .be used for additional beach preservation projects. S. Until such time as the tourist tax funds pledged for beach preservation are expended for projects outside of District 1, the City of Vero Beach shall accept as its fair share of the tourist development tax, the tourist tax revenue funds used for beach preservation or debt service on the bonds issued to finance beach preservation projects in District 1. This Resolution.was moved for adoption by Councilman seconded by Councilman ,D,t� n , and adopted on the a / day of JI�QC eti.�s�� , 1993, by the follbwing vote: Mayor Smith Vice Mayor Ginn '. Councilman Pease Councilman Jordan Councilman Grossett ATTEST: Citp Clerk Sign:_�i����y Title: Vice Mayor inn Sign:z"O",za— Title Councilman J rd n yt 5 ut S yEs y65 ab& *- - CITY OF VERO BEACH, FLORIDA a.... X-44 Mayor Si n: & Sign:— .Eo'.Pi Title: Councilman Pease Sign: Title ilman Grossett Approved as to form and Approved as to technical legal sufficiency: requirements: City Attorney City Manager1Ut ities Director 43 BOOK 9.1 P'�GE 962 ®C 14 1993 ®EC 14 1993BOOK 91 F�,Au 263 CITY OF VERO BEACH RESOLUTION NO. 93- 30 INDIAN RIVER COUNTY RESOLUTION NO. 93-214 This Resolution was moved for adoption by Commissioner Vice Chairman TiDDin , seconded by Commissioner Fran Adams , and adopted on the 14th day of December , 1993, by the following vote: Chairman Richard N. Bird Absent Vice Chairman John W. Tippin Aye Commissioner Fran B. Adams Ade Commissioner Carolyn K. Eggert ATe Commissioner Kenneth R. Macht Aye ATTEST: By: a Je f�rey K.a ion, Clerk At Sign: , Title:Vic hairman ppii n Sign: zz� Title: Commioner YVert BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Richard N. Bird, Chairman Sign: \ ) l0,-/vl 16 QQQ�V-,2 Title: Commissioner Adams SignZ,:, Tito: CommEdbioner Macht RESOLUTION REQUESTING THE FLORIDA DEPARTMENT OF REVENUE TO PROVIDE INFORMATION ON TOURIST TAB SUBDISTRICTS 1 AND 2 TAXPAYERS The Board reviewed the following memo dated December 7, 1993: TO: The Board of County Commissioners FROM: William G. Collins II - Deputy County Attorney DATE: December 7, 1993 SUBJECT: Request for the State Department of Revenue to Provide Information on Tourist Tax Subdistricts 1 and 2 Taxpayers Last summer the Board of County Commissioners adopted Resolution No. 93-106 requesting that the State Department of Revenue provide names and addresses of tourist development taxpayers within Indian River County. The resolution was similar in format to ones requested in past years. The Department of Revenue subsequently advised the County Office of 44 r Management and Budget that the resolution must contain assurances that the County and its employees are aware of confidentiality requirements for tax information and the penalties for violating those requirements. These new requirements are incorporated in Florida Statute 213.053(9)(c). Resolution 93-106 has been re -drafted accordingly to comply with the new statutory requirements of the Department of Revenue. RECOMMENDATION: Approve the revised resolution requesting information on Subdistrict 1 and Subdistrict 2 tourist tax payers and authorize the Chairman to execute same. Authorize the staff to provide an authenticated copy of the resolution to the Department of Revenue. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously (4-0, Chairman Bird being absent) adopted Resolution 93- 215, requesting the State of Florida Department of Revenue to disclose certain information relative to the local option tourist tax. RESOLUTION NO. 93-. 215 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, REQUESTING THE STATE OF FLORIDA, DEPARTMENT OF REVENUE TO •DISCLOSE CERTAIN INFORMATION RELATING TO THE LOCAL OPTION TOURIST TAX PURSUANT TO SECTION 213.053(9), FLORIDA STATUTES; AND PROVIDING CERTAIN ASSURANCES TO THE DEPARTMENT OF REVENUE REGARDING CONFIDENTIALITY. WHEREAS, on January 27, 1987 the Board of County Commissioners of Indian River County, Florida adopted Ordinance No. 87-11 establishing a Local Option Tourist Development Tax in Indian River County, pursuant to Florida Statute 125.0104; and WHEREAS, the ordinance levying the Tourist Development Tax created within Indian River County two subcounty taxing districts; and WHEREAS, said statute gives the State of Florida, Department of Revenue the duty and authority to collect and administer the program; and WHEREAS, the Department of Revenue is now authorized to disclose to the governing body of the county or subcounty district levying the Tourist Development Tax the names and addresses of taxpayers within the taxing boundaries of such county or subcounty district; and WHEREAS, Section 213.053(9), Florida Statutes, provides that the Department of Revenue ("Department" hereinafter) shall, subject to receipt of an authenticated copy of a resolution adopted by the governing body, disclose to the governing body of the county levying a local option tax which 45 DEC 14 1993 BOOK 91 F'mu. 0' 4 DEC 141993 BOOR 91 PAUF265 RESOLUTION NO. 93- 215 the Department is responsible for administering, the names and addresses of the taxpayers who reside within the taxing boundaries of such county subdistricts; and WHEREAS, Section 213.053(9), Florida Statutes, also provides that the governing body, its officers and employees are subject to the same requirements of confidentiality and the same penalties for violating confidentiality as the Department and its employees; and WHEREAS, Section 213.053(9), Florida Statutes, further provides that the resolution requesting such information shall provide assurances that the governing body, its officers, and employees are aware of the requirements and penalties for violating confidentiality, and shall describe the measures that will be put into effect by the governing body to assure the requisite. confidentiality; and WHEREAS, the Board of County Commissioners of Indian River County, Florida ('Board" hereinafter), the governing body of the County, is interested in having the Department provide a list of the names and addresses only of those taxpayers who reside within Indian River County, Florida Subdistrict 1 and Subdistrict 2, and make contribution to the tourist development tax imposed pursuant to Section 125.0104, Florida Statutes, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The foregoing recitals are fully incorporated as if repeated herein. 2. The Board intends to hereby assure the Department that the Board, its officers and employees are aware of the confidentiality requirements of Section 213.053(2), Florida Statutes, i.e., that all Information received pursuant to this request are confidential except for official purposes, and are exempt from the Florida Public Records law, and the penalties for the violation of such confidentiality requirements as set forth in Sections 213.053 (2) , 775.082, 775.083 make the disclosure of any such information in any manner, except for official purposes, a misdemeanor of the first degree subject to the penalties of up to a $1,000 fine and up to one year imprisonment. 46 I M M RESOLUTION NO. 93-21rr 3. The Board hereby declares that the following procedure shall be followed by all persons of Indian River County Government who receive the information from the Department. The procedures are as follows: (a) The person receiving such information shall use such information only for official purposes; (b) The person receiving such information shall not divulge such information except for official purposes. (c) The person receiving such information shall either keep the Information under lock and key or other secure manner with access limited to those individuals who have signed the statement described in (d) below. (d) The persons privy to the information shall acknowledge in writing that they are aware of the confidentiality requirements of Section 213.053(2), Florida Statutes, and the penalties for their violation as provided in Sections 213.053 (2) , 775.082 and 775.083, Florida Statutes, and, (e) The Clerk of the Circuit Court is instructed to inspect to make sure the procedures set forth herein are adhered to. 3. The Board hereby requests the Department to provide a list of names and addresses of the taxpayers who reside within Indian River County, Florida Subdistrict 1 and. Subdistrict 2, and who contribute to the tourist development tax imposed pursuant to Section 125.0104, Florida Statutes. Said request is made in accordance with, and pursuant to the provisions of Section 213.053(9), Florida Statutes. 4. The Board hereby directs staff to authenticate a copy of this Resolution and forward it to the Department of Revenue of the State of Florida, c/o Bill Harvey, Disclosure Officer, FDOR, P. , O. Box 37372, Tallahassee, Florida 32315-9998. 5. This Resolution shall take effect immediately. The foregoing resolution was offered by Commissioner Eggert and seconded by Commissioner Adams and, being put to a vote, the vote was as follows: Chairman Richard N. Bird Absent Vice Chairman John W. Tippin Aye Commissioner Fran B. Adams Aye Commissioner Carolyn K. Eggert Aye Commissioner Kenneth R. Macht Aye 47 DEC 14 199 BOOK 91 PR3F 2066 I rDEC 14 193 Bou 91 F,vE 26 1 RESOLUTION NO. 93- ? 1 5 The Chairman thereupon declared the resolution duly passed and adopted this 1_ day of n p r p m h a r , 1993. ATTEST: By: n Je9rey K. Bart n, Clerk INDIAN RIVER COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By Richard N. Bird, Chairman REPORT ON FACO LEGISLATIVE CONFERENCE Vice Chairman Tippin reported that he attended the FACo Legislative Conference in Tallahassee two weeks ago along with Commissioner Adams, at which time they presented our list of requests to the chairperson. A legislative package that included V a number of our requests was developed at the conference. There were a number of discussions about "reinventing government," and representatives seem to be responding to the taxpayers' demands for accountability on the part of the bureaucracy. For example, the President of the Senate objected to the Florida Department of Environmental Protection (DEP) request for nearly 400 new positions. Commissioner Tippin felt that it was important for us to be aware of what is going on in Tallahassee. PELICAN ISLAND WILDLIFE REFUGE SIGNS Commissioner Adams reported that "Unauthorized Entry Prohibited" signs recently were posted at the Pelican Island Wildlife Refuge. Ron Hight of the U.S. Fish and Wildlife Service told her that the signs replaced the old refuge boundary markers that were faded beyond recognition. Apparently, they had 7 or 8 boxes of these signs and they wanted to find a use for them. Commissioner Adams directed the Board's attention to a letter from the U.S. Fish and Wildlife Service dated October 16, 1962, stating that "fishing and boating would be freely permitted except in instances where such use might disturb nesting birds or concentrations of waterfowl." She stressed that the signs are misleading and unnecessary and should be removed. 48 Dr. Peter Fallon, Sebastian resident, stated that about 350 people signed the following petition: WE 714E UNDERSIGNED BELIEVE THAT THE SIGNS RECENTLY PLACED IN THE INDIAN RIVER LAGOON AND ON ITS ISLANDS IN THE SEBASTIAN AREA BY THE U.S. FISH &..WILDLIFE SERVICE STATING::` NATIONAL cil'k WILDLIFE REFUGE'''l i,4,t� o • tV•ufwM.•.Il iilpM ��Y. 1 ARE A VIOLATION OF TI4E IJSF&W LEASE WI T+1 THE PEOPLE OF THE STATE OF FLORIDA AND DEMAND THAT THE USF&W SERVICE REMOVE THEM. PARAGRAPH 4(FOUR) OF THE LEASE DATED FEBUARY 5, 1993 STATES: I ' TME SAID LAND AND WATER AREAS SHALL BE ADMINISTERED AS PART OF THE NATIONAL WILDLIFE REFUGE SYSTEM. TFIE RIGHT OF THE PUBLIC TO USE THE AREA FOR TRADITIONAL NAVIGATION, BOATING, BATHING, SHELL FISHING AND �. COMMERCIAL AND SPORT FISHING SHALL NOT BE RESTRICTED. NAME ADDRESS V 7n7 6014)q4,::? It l 3�q . yea 3.z? 7LX-A -,a. l� llidrr�i�� 9�i/ta ►c{C v%nmlK 3b3 ��!��.. l�,v_A2• dr►S. rl 3 y� 6 THE PETITIONS WERE ACKNOWLEDGED BY THE BOARD AND RETURNED TO DR. FALLON 49 BOOK �� Fir.:96's F_ BOOK ?69 Dr. Fallon stressed that many North County residents feel that these signs are an intrusion on their rights, and that the signs should be removed. He added that it was his understanding that the Fish and Wildlife Service plans to place the signs every 1/4 mile. Since the signs have no reflective paint on them, they will create a safety hazard for boaters at night. He urged the Board to write a letter to the Fish and Wildlife Service objecting to the signs. MOTION WAS MADE by Commissioner Macht, SECONDED by Commissioner Adams, to write a strong letter signed by the Chairman and Board members to -the local office of the U.S. Fish and Wildlife Service, with copies to the U.S. Department of the Interior and to our legislators. Under discussion, Commissioner Adams commented that Representative Bacchus is looking forward to receiving a copy of the letter. THE VICE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously (4-0, Chairman Bird being absent). December 14, 1993 Mr. Ron Hight Director Merritt Island Wildlife Refuge P. O. Box 6504 Titusville, Florida 32782 Dear Mr. Hight: The Indian River County Board of County Commissioners wishes to express its strong objection to the recent posting of signs in the Pelican Island Wildlife Refuge. The "NO UNAUTHORIZED ENTRY" signs are not user-friendly and certainly do not reflect the intent of the early lease of the Refuge. If these signs have no meaning or enforcement potential, then we question the use of such non -information. Rather, we would like to encourage the use of informational signage that introduces the Pelican Island Wildlife Refuge to the boating, or otherwise, visiting public. L 50 Ron Hight, Director Merritt Island Wildlife Refuge Page 2 We are proud of Pelican Island Wildlife Refuge and want to protect it and show it off. We look forward to working with you on this issue. Sincerely, ��A,e x " R' hard,N. Bird, Chairman John W. Tipp�Vice Chairman Fra B. Adams, Commissioner .),e. & . Caro K. Eg ommissioner Kenn th . Macht,� Comm"i ioner cc: U. S. Fish & Wildlife Service Department of Interior U.S. Representative Jim Bacchus MPO CITIZENS ADVISORY COMMITTEE The Board reviewed the following memo dated December 7, 1993: DATE: December 7, 1993 TO: BOARD OF COUNTY CONMIISSION FROM: Carolyn K. Eggert County Commissioner RE: MPO Citizens Advisory Committee The County Commission appoints four (4) people to serve on the Metropolitan -Planning Organization's Citizens Advisory Committee. We have received requests from the following people to serve on the committee. James C. Cooney Leonard Miller Juliana Young Richard Woodard RECOMMENDATION: It is recommended that the above-named people be appointed to the MPO Citizens Advisory Committee. 3! Boa 91 F:2,7® I BOOK 91 Commissioner Eggert mentioned that she reviewed another application that came in late, but it did not change her recommendations listed in the above memo. ON MOTION by Commissioner Adams, seconded by Commissioner Macht, the Board unanimously (4-0, Chairman Bird being absent) appointed the 4 people listed in the above memo to the MPO Citizens Advisory Committee. EMERGENCY SERVICES DISTRICT The Vice Chairman announced that immediately upon adjournment, the Board would reconvene sitting as the Board of Commissioners of the Emergency Services District. Those Minutes are being prepared separately. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 11:50 a.m. ATTEST: 1� �-' `�� J. R. Barton, Clerk 52 ohf► W. Tippin,' Afilbe Charman