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HomeMy WebLinkAbout2/8/1994I BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA REGULAR MEETING TUESDAY, FEBRUARY 8, 1994 9:00 A.M. - COUNTY COMMISSION CHAMBER COUNTY ADMINISTRATION BUILDING 1840 25TH STREET VERO BEACH, FLORIDA COUNTY COMMISSIONERS John W. Tippin, Chairman (Dist. 4) Kenneth R. Macht, Vice Chairman (Dist. 3) Fran B. Adams ( Dist. 1) Richard N. Bird (Dist. 5) Carolyn K. Eggert ( Dist. 2 ) James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to -the Board ***********************************************i 9: 00 A. M. 1. CALL TO ORDER 2. INVOCATION - None 3. PLEDGE OF ALLEGIANCE - Charles P. Vitunac 4. ADDITIONS TO THE AGENDA/ EMERGENCY ITEMS Item 9.A. Request to Hold Medieval Faire Item 13.A.1. Public Officials Conference Reminder Item 13.A.2. Demolition of Houses in Gifford Item 13.B.1 Courthouse Advisory Committee Matters Item 13.B.2 Comment on Tourist Tax Item 13.B.3 Legislative Intent and Rule Making Item 13.A.2. Wind Load Requirements - Deferred for One Week 5. PROCLAMATION AND PRESENTATIONS None 6. APPROVAL OF MINUTES None 7. CONSENT AGENDA A. Received & Placed on File in Office of Clerk to the Board: Sebastian River Water Control District Board of Supervisors, Minutes of Quarterly Meeting Held on Wednesday, Dec. 1, 1993 I.R.C. Hospital District S Indian River Mem. Hosp., Inc., 8 Subsidiaries Combined Financial Statements Sept. 30, 1993 and 1992 B. Out -of -Town Travel ( memorandum dated February 2, 1994) C. Occupational License Fees Collected - Jan., 1994 ( memorandum dated February 1, 1994 ) D. Release of Utility Liens ( memorandum dated February 1, 1994 ) E. Request for Signature on Section 8 Annual Contributions Contract Amendment - A3409E ( memorandum dated February 1, 1994 ) F. IRC RFP # 4054 - Publication of Legal Notices (memorandum dated January 27, 1994)L� FEB 1994 yy r FEB - BOOK 91 FmUE 677 7. CONSENT AGENDA (cont'd. ): G. Sebastian Family Care, Inc.'s Request for Site Plan Extension: Medical Examination Center (memorandum dated January 27, 1994) H. Resolution Supporting Preservation 2000 Funding ( memorandum dated February 1, 1994 ) I. Misc. Budget Amendment 008 (memorandum dated February 2, 1994) 8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES None 9:05 a. m. 9. PUBLIC ITEMS A. PUBLIC DISCUSSION ITEMS None B. PUBLIC HEARINGS None 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. COMMUNITY DEVELOPMENT 1. Professional Engineering Services for Oslo Riverfront Property Improvements ( memorandum dated February 1, 1994 ) 2. Wind -Load Requirements (memorandum dated February 2, 1994) 3. Request for Authorization to Apply for Federal Funds to Draft a County -Wide Habitat Conservation Plan for the Florida Scrub Jay ( memorandum dated February 2, 1994 ) B. EMERGENCY SERVICES None C. GENERAL SERVICES None D. LEISURE SERVICES None E. OFFICE OF MANAGEMENT AND BUDGET None F. PERSONNEL None 11. DEPARTMENTAL MATTERS (cont'd. ): G. PUBLIC WORKS 1. CR 512 Wentworth Ditch Relocation - Sheltra & Son Change Order #2 and Final Pay Application ( memorandum dated January 28, 1994 ) 2. 1993-94 Road Resurfacing Program and Capital Improvement Schedule (memorandum dated January 28, 1994) H. UTILITIES 1. Interest Rate Paid on Deposits (memorandum dated February 2, 1994) 2. Artificial Wetland at West Regional WWTP (memorandum dated February 2, 1994) 12. COUNTY ATTORNEY None 13. COMMISSIONERS ITEMS A. CHAIRMAN JOHN W. TIPPIN B. VICE CHAIRMAN KENNETH R. MACHT C. COMMISSIONER FRAN B. ADAMS D. COMMISSIONER RICHARD N. BIRD E. COMMISSIONER CAROLYN K. EGGERT 14. SPECIAL DISTRICTS A. EMERGENCY SERVICES DISTRICT None B. SOLID WASTE DISPOSAL DISTRICT None FEB ® 1994 BOOK 91 F -AGE 678 r FEB © 8 jA, 15. ADJOURNMENT sooK 91 F,{GF 679 7 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, February 8, 1994 The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Tuesday, February 8, 1994, at 9:00 a.m. Present were John W. Tippin, Chairman; Kenneth R. Macht, Vice Chairman; Fran B. Adams; and Carolyn K. Eggert. Absent was Richard N. Bird, who was on vacation. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and Diane Albin, Deputy Clerk. The Chairman called the meeting to order. County Attorney Charles Vitunac led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Administrator Chandler requested the addition of Item 9.A., Request from Phoenix Productions to hold a Medieval Faire at Hobart Park. Chairman Tippin requested the addition of Item 13.A.1., Public Officials Conference Reminder; and 13.A.2., Demolition of Houses in Gifford. Commissioner Macht requested the addition of Item 13.B.1., Courthouse Advisory Committee Matters; Item 13.B.2,., Comment on Tourist Tax; and Item 13.B.3., Legislative Intent and Rule Making. Administrator Chandler requested that Item 11.A.2., Wind Load Requirements, be deferred for one week. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously (4-0, Commissioner Bird being absent) added and deferred the above items. CONSENT AGENDA Commissioner Macht requested the removal of Item 7.F. for discussion. FEB - 8 1994 600K FEB m 8 1994 BOOK 91 `AGE A. Reports The following was received and placed on file in the office of the Clerk to the Board: Sebastian River Water Control District Board of Supervisors, Minutes to Quarterly Meeting Held on Wednesday, December 1, 1993. B. Out -of -County Travel ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously (4-0, Commissioner Bird being absent) authorized out -of - county travel for Commissioner Adams to attend the 1994 National Conference on Beach Preservation Technology in Tampa on February 9 and 10, 1994. C. Occupational License Fees Collected Month of January 1994 The Board reviewed the following memo dated February 1, 1994: TO: Board of County Commissioners FROM: Karl Zimmermann, Tax Collector SUBJECT: Occupational Licenses DATE: February 1, 1994 Pursuant to Indian River County Ordinance No. 86-59, please be informed that $6,242.24 was collected in occupational license taxes during the month of January, representing the issuance of 280 licenses. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously (4-0, Commissioner Bird being absent) accepted the Occupational License Report for the month of January, 1994. E D. Release of Utility Liens The Board reviewed the following memo dated February 1, 1994: TO: BOARD OF COUNTY COMMISSIONERS 4eo- 2. V4,0- . FROM: Lea R. Keller, CIA, County Attorney's office DATE: February 1, 1994 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. Satisfactions of Impact Fee Extensions: FEDICK FREIERMUTH LEWIS VANNOY VALENTINE WRIGHT 2. Flora Lane Water Project: - ANSCHUETZ/LIIVAK HENDERSON 3. Phase I Water Project: BUFFINGTON FEDICK NIELSEN STILLMAN 4. Pinewood Lane Water Project: ROSELLEN S. Old Sugar Mill Water Project: MARINE 6. 12th Street Water Project: DYKES/MATHENY 7. State Road 60 Sewer Project: Map $40 - Heron Cay (285 Morristown Cay) ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously (4-0, Commissioner Bird being absent) authorized the above -listed releases of utility liens, as recommended by staff. RELEASES ARE RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY 3 F E B m 1994 BOOK 91 F ACIE UK Q, tL, K r- FEB - 8 MAY BOOK 9 ur. 3-7 E. Recruest for Signature on Section 8 Annual Contributions Contract Amendment - A3409E The Board reviewed the following memo dated February 1, 1994: TO: 7he honorable Members of the DATE: 2/1/94 FILE: Board of County Cam "s - SUBJECT: Request for signature on section 8 Annual Contributions Contract Amendment - A3409E FROM: Guy L. Ecker, Jr. REFERENCES: Emcutive Director - Indian River County hwsi m Authority It is reoo--vended that the data presented be given fc a Ea sideration by the County Canldss . 7he Department of Hosing and Uzban Development has forwarded five (5) copies of the Animal Contract ( ACC) which have been amended to i our Contract Authority in the ammmt of $774,526.00 and Budget Authority in the amount of $3,098,104.00. Project FL29-FM2-005 is the rep]ent project for the expiring FL29-E132-001. tim of the contracts is submitted for oderation and approval of the :•. • of r i 3AN18ES. (1) Five (5) copies of ACC Part I Number A3409E of the Annual Cantr; tn't; ^*,Q Contract for the Housing Certificate Program. Original signatures are required » re on all copies of the contract and no change in its format is permitted. We ; ftfully request the County Commission to authacize its Chair - mea to execute these Contracts for transmittal to the Jacksonville Office of HUD. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously (4-0, Commissioner Bird being absent) approved the amended Section 8 Annual Contributions Contract for the Housing Certificate Program, as recommended by staff. PARTIALLY EXECUTED CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 4 F. Publication of Legal Notices - RFP #4054 The Board reviewed the following memo and attachments dated January 27, 1994: DATE: JANUARY 27, 1994 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: H.T. "SONNY" DEAN, DIRECTOR DEPARTMENT OF GENERAL SER SUBJECT: INDIAN RIVER COUNTY REQUEST FOR PROPOSAL NUMBER 4054 PUBLICATION OF LEGAL NOTICES BACKGROUND: On January 12, 1994, the Purchasing Division received proposals to advertise legal notices from the Vero Beach Press Journal and Sun Newspapers. Attached is the analysis made by County Attorney's office and their opinion on the legal aspect of advertising with each proposer. From Purchasing's view of the proposals, staff feels that a once•a week publishing would not serve in the best interest of the County for the following reasons. 1. It is our policy to advertise a bid at least two times in the news media to be sure maximum notice has been given to prospective vendors and/or contractors. Once a week publication would cause undue delay in bid opening. In most cases what is nox being accomplished in seven days could take in excess of two weeks. 2. In 1993 there were 132 legal notices published to advertise the bidding of equipment, services, and construction. This figure will increase in 1994 due to the amount of work that is being handled by various departments. With every day publication, our present staffing is able to schedule bid openings to the capacity that can be handled efficiently. Once a week publication would slow the process down and staff would not be able to meet deadlines at peak bidding times. 3. One of the primary purposes of advertising is to be sure that the maximum number of vendors are made aware of a bid for services or equipment. This notice helps insure that we receive the best and most economical bid. With limited circulation of Sun Newspapers the chance of maximum coverage would-be -some-what deterred and could result in less participation by prospective bidders. RECOMMENDATIONS: Based on the above, staff recommends the bid be awarded to the Press Journal. 5 SEB ® 8 1994 BuK 91 PnUF694 FEB - 8 1994 I 8 C BID #40554 , PUBLICATION OF LEGAL NOTICES BOOK Bid Analysis by Office of the County Attorney: y, The County received two bids one from the Press -Journal and one from Par Publishing, Inc., d/b/a Sebastian Sun and Vero Beach Sun. A complete copy of each bid is attached. This is not your usual bid comparison because there are major differences other than cost in each proposal. In addition to the information specifically requested, the Press -Journal has provided additional information which is included in the the attachment. In the main, it raises questions as to whether the Sun newspapers fit the required legal definition. If the County should seek a declaratory judgment on this, that would, of course, be dispositive of the issue. The. salient facts in comparing the bids appear to be the following: Price Per ' Square Inch 1st & 2nd insertion. Published I .I 1. F;irculition I. Press -Journal $3.46-$2.77 7 days a week 33,112 daily 35,695 Sunday Sun $3.00-2.70 once a week 19,560 The other information developed by the bids goes primarily to whether the newspapers meet the statutory test. Clearly the Press -Journal is eligible. The Sun newspapers eligibility would be subject to a court determination. Therefore, this other information appears not to' be decisional as are the above three items. It should be noted that the bidding process, no matter which entity is selected, will have resulted in a significant reduction in publishing costs. Using the per column inch rate, the County was paying the Press -Journal of $9.74 and under the current Press -Journal bid the . price would - be $7.0 -per column inch. - . The saving is apparent. Turning to the above comparison of the 3 - items; _it appears that .both bids offer advantages. - The Sun is cheaper. - The Press - Journal has 'a much greater ch-culation and is published *7 days a week which facilitates advertising of notices. If -the County wants to meet minimum standards for publication the Sun should be the selection. If the County wants to assure that the notices will be .seen by- _ as. -many_ residents as - possible then -the Press -Journal should be - selected : One fact which was -.not. -developed by -: the _ bid'_ process would be the- -number of newspapers -mailed to' out- -town_, subscribers. -- -This could- be -important for -- to. the extent practicable, that absentee owners had --an opportunity_ to be aware of actions which could_affect _them._ One solution that might come to mind is to divide the advertising. It is staff's opinion that this may not be legal or practical. Under Section 197.402, F.S., it appears that one newspaper must be selected for notices by the tax collector. While there is no specific section requiring one newspaper for other required notices it would probably create confusion in the mind of the public and require a diligent search of both publications to make sure one was not missing a legal notice. Therefore, it is staff's recommendation that only one newspaper be selected. 6 - M Under our bidding procedures and given the facts addressed herein, either newspaper could be selected as a matter of law. The above information is presented to assist in making that determination. If Sun is selected then the declaratory action to determine their legal status would be necessary. Administrator Chandler reported that the Press Journal's bid is 30% lower than the rate charged last year, and the Sun's bid is 50% lower. Based on a total expenditure last year of approximately $18,000 on legal advertisements, the total savings would be $5,400 for the Press Journal and $9,000 for the Sun. The County spent a little over $15,000 on display advertising, and the savings would be $4,500 under the Press Journal's new rate and $7,600 under the Sun's rate. Commissioner Adams commented that the difference in rates can be attributed to the Press Journal's wider circulation and the fact that it is a daily newspaper. Commissioner Eggert inquired about asking the Court for a declaratory judgment on the legality of using the Sun, but Commissioner Macht felt that would be a moot question if the Board decides today to select the Press Journal. MOTION WAS MADE by Commissioner Adams, SECONDED by Commissioner Eggert, to award the bid for publication of legal notices to the Vero Beach Press Journal, as recommended by staff. Under discussion, Administrator Chandler noted that by going through the bidding process we were able to get a better rate from the Press Journal for all our advertising. Chairman Tippin commented that competition is a wonderful thing. Commissioner Adams suggested that we consider using the Sun in the future, especially if the Sun's circulation keeps increasing. Commissioner Macht pointed out that we could select the Press Journal for our legal advertising and publish other display advertisements in the Sun. He felt that we should insist that the Press Journal publish the BCC meeting agendas on the County news page. Administrator Chandler advised that Press Journal staff is supposed to position the agenda in the County section whenever possible, but obviously they have not always done so. 7 �� m ��� BOOK 91 FACE �� FEB - 8 199A BOOK 6S 1 G,. Attorney OfBrien advised that the lower prices will take effect March 1, 1994. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously (4-0, Commissioner Bird being absent). G. Sebastian Family Care, Inc.'s Request for Site Plan Extension: Medical Examination Center The Board reviewed the following memo dated January 27, 1994: TO: James E. Chandler County Administrator DI N HEAD CONCURRENC r bert M. Keatintj, AIP Community Deeveelopment Direc r THROUGH: Stan Bolin94;9,CP Planning Director FROM: Eric Blade Staff Planner, Current Development DATE: January 27, 1994 SUBJECT: Sebastian Family Care, Inc. Is Request For Site Plan Extension: Medical Examination Center [SP-MA-93-01-003/IRC #92070012-002] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of February 8, 1994. DESCRIPTION AND CONDITIONS: On January 28, 1993, the Planning and Zoning Commission granted major site plan approval (with conditions) to Sebastian Family Care, Inc. to construct a 5,250 square foot medical examination center. The subject site is located at 11475 US Highway 1. The current expiration date of the site plan approval is January 28,* 1994. Prior to January 28th, however, the applicant formally requested extension of the approval. Therefore, the Board of County Commissioners may consider granting the extension request pursuant to site plan LDR provisions. -ANALYSIS: Although the LDRs have been amended since the time of project review and approval, the members of the Technical Review Committee (TRC) concur that subsequent amendments as applied to the subject project are not significant enough to require any revisions- or redesign of the project. All TRC staff members have recently approved the applicant's request for site plan extension. 8 As allowed under provisions of the LDRs, Sebastian Family Care, Inc. is requesting a full one year extension of the site plan approval expiration date. Pursuant to Chapter 914 of the LDRs, the Board of County Commissioners may deny, approve, or approve with additional conditions the requested site plan extension. Staff has no objections to the Board granting the request since the previously approved site plan substantially conforms to existing LDR requirements. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Sebastian Family Care Inc.'s request for a one year extension of the conditional site plan approval, with all original site plan approval conditions to remain in effect. The new site plan approval expiration date will be January 28, 1995. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously (4-0, Commissioner Bird being absent) approved Sebastian Family Care, Inc.'s request for a one-year extension of the conditional site plan approval to January 28, 1995, as recommended by staff. H. Resolution Supporting Preservation 2000 Funding The Board reviewed the following memo dated February 1, 1994: TO: James E. Chandler County Administrator DEPARTMENT HEAD CONCURRENCE: r Robert M. Reati g i�XCP Community Developmcceneet ector FROM: Roland M. DeBlois,KAICP Chief, Environmental Planning DATE: February 1, 1994 RE: Resolution Supporting Preservation 2000 Funding It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of February 8, 1994. DESCRIPTION AND CONDITIONS Preservation 2000 (P2000) was enacted by the State in 1990 as a ten year, $3 billion environmental lands acquisition program. For the first four years of the program, funding has been subject to re - appropriation on a yearly basis due to the lack of a permanent E F E B - 1994 BOOK 91 F.1GE BOOK 91 FA �� 699 funding source. So far, funding for P2000 has come from documentary stamp revenues. Without a permanent funding source, the continuance of the P2000 program is in question each fiscal year. The Nature Conservancy (TNC) is a leading proponent of the P2000 program. On January 25, 1994, Government Relations Coordinator Mike Pirkkala of TNC contacted staff requesting that the Board of County Commissioners adopt a resolution supporting fifth year appropriation of funding for P2000. TNC is also urging local governments to support the designation of a permanent funding source for the remaining years of the program. At its regular meeting on January 26, 1994, the County Land Acquisition Advisory Committee (LAAC) voted to recommend that the Board adopt a resolution urging State appropriation of fifth year funding for P2000, as well as supporting the designation of a permanent funding source for the program. ALTERNATIVES & ANALYSIS The P2000 program is the single most important opportunity for the County to obtain matching funds in implementing the county approved $26 million environmental lands acquisition bond referendum. P2000 funds are the primary monies of the Conservation and Recreation Lands (CARL) program, the Florida Communities Trust (FCT) program, and the St. Johns River Water Management District (SJRWMD) land acquisition program, among others. P2000 funds will potentially be used in the acquisition of virtually all of the county LAAC sites presently under consideration. To date, P2000 funds have been approved under various state programs to fully or partially fund the acquisition of eight sites under review by LAAC, and funding for other project sites is anticipated. RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the attached resolution in support of fifth year appropriation of funding for P2000, and in support of the State designating 'a permanent funding source for the remaining years of the program. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously (4-0, Commissioner Bird being absent) adopted Resolution 94-32, urging the continued appropriation of funding for Preservation 2000, as recommended by staff. 10 Resolution No. 94 -_2_ A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA URGING THE CONTINUED APPROPRIATION OF FUNDING FOR PRESERVATION 2000. WHEREAS, the.citizens of Indian River County have advanced environmental land preservation efforts with voter approval to locally fund a county wide preservation program; and WHEREAS, Preservation 2000 is a ten-year program designed to acquire and therefore save Florida's best remaining natural land, and is the State's most comprehensive land protection program; and WHEREAS, Florida's population growth and conversion of natural areas continue to threaten our natural systems; and WHEREAS, Preservation 2000 offers an opportunity for funding partnership between Indian River County and the State to protect environmentally significant lands and support the implementation of our county comprehensive plan; and ° WHEREAS, Indian River County recognizes the importance of Preservation 2000 in enabling the implementation of conservation goals, growth management and comprehensive land use plans; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: Section 1. That the Indian River County Board of County Commissioners hereby urges the Legislature of the State of Florida to A. Appropriate funding for Preservation 2000 for the upcoming year. B. Designate a permanent funding source for the remaining years of the Preservation 2000 program. Section 2. This Resolution shall become effective immediately upon adoption. ' THE RESOLUTION was moved for adoption by Commissioner Eggert , the motion was seconded by Commissioner Adams , and upon being put to a vote, the vote was as follows: Commigsioner John W. Tippin Aye Commissioner Kenneth R: Macht --Aye Commissioner Carolyn K. Eggert Aye Commissioner Richard N. Bird ehcnnt Commissioner Fran B. Adams Aye The Chairman declared the resolution duly passed and adopted this 8 day of February , 1994. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA r JohA VT. TIP13ily/ Chairman Jeffrey K. Bar on , Clerk \o\r1\pre.2000 11 BOOK ti3 F EE B - 8 199,1 BOOK I. Miscellaneous Budget Amendment 008 91 F,�,c 69.1 7 The Board reviewed the following memo dated February 2, 1994: TO: Members of the Board of County Commissioners DATE: February 2, 1994 SUBJECT: MISCELLANEOUS BUDGET AMENDMENT 008 CONSENT AGENDA FROM: Joseph A. Bair OMB Director DESCRIPTION AND CONDITIONS The attached budget amendment is to appropriate funding for the following: Indian River County received reimbursement checks from Florida Inland Navigation District totaling $48,887 for work completed at the Environmental Learning Center. 2. Indian River County received a reimbursement check in the amount of $84,554 from Florida Boating Improvement Program for work completed at Round Island. 3. A Tourism Study was approved, on March 16,1993 between Indian River County and Regional Research. This entry adjusts for the remaining portion of this contract. 4. This budget amendment allocates funding for engineering costs through Task I and 100% of Task II for the PEP reef. Additional services approved by the Board of County Commissioners on February 1, 1994 for Coastal Tech in the amount of $25,000. Remaining 50% of American Coastal Engineering Pay Request $2,870.00 Remainder of Task I $40,000.00 100% of Task II $45,000.00 Coastal Tech $1000,00 Total $112,870.00 5. The Tax Collector's budget went down in the 1993/94 fiscal year; however, Indian River County Board of County Commissioners may have to pay a bigger share of his budget because of the formula in Chapter 197 of the Florida State Statutes. We are now estimating an increase based on the final cost of the Tax Collector in the 1992/93 fiscal year. We are increasing the General Fund portion by $65,000 and M.S.T.U. by $45,000. 12 The entry transfers the $65,000 from the General Fund and $45,000 from M.S.T.U. contingency. 6. The Budget Director estimated an increase in AIS revenue for the 1993/94 fiscal year based on a historical growth of 4% per year. Our AIS revenue for 1991/92 was $854,456 but unfortunately only $799,093 for 1992/93. The number of runs have increased but the amount paid has decreased. Staff feels this is an indication of the economy. We would like to reduce the 1993/94 AIS revenue estimate of $916,815 to $855,000, a reduction of $61,815. We feel we could increase our interest income by $41,815 to make up a portion of this reduction and reduce ALS contingencies by $20,000 to cover the remainder. 7. The original Medical Examiners budget was $166,579. Prior year unused funds of $18,982 will adjust Indian River County's portion to $147,957. The attached entry reduces funding by $18,982 for 1993/94. 8. The Budget Director under estimated the overtime in the AIS department. The attached entry increases it $40,000 from contingencies. 9. Victim Assistance has reduced their budget by $6.00. 10. The North County Library received donations totaling $3,049. This entry adjusts for the funding. 11. The Main Library received donations in the amount of $3,554. This entry adjusts for the funding. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached budget amendment 008. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously (4-0, Commissioner Bird being absent) approved Budget Amendment No. 008, as recommended by staff. 13 BOOK 91 rnuF..69? FEB - 8 1994 BOOK 91 F►' GE 6.9 3 TO: Members of the Board BUDGET AMENDMENT: 008 of County Commissioners FROM: Joseph A. Baird OMB Director (k DATE: February 2. 1994 Entry Number Funds/Department/Account Name Account Number Increase Decrease 1. REVENUE GENERAL FUND Other Physical Environment 001-000-334-039.00 $48,887 $0 EXPENSE GENERAL FUND Environmental Learning Center 001-110-572-088.85 $48,887 $0 2. REVENUE GENERAL FUND FBIP-Round Island Park 001-000-334-076.00 $84,554 $0 EXPENSE GENERAL FUND - Parks CIP 001-210-572-066.51 $84,554 $0 3. REVENUE TOURIST DEVELOPMENT FUND Cash Forward 119-000-389-040.00 $20,000 $0 EXPENSE TOURIST DEVELOPMENT FUND Tourist Study 119-144-572-088.79 $10,000 $0 Tourist Study 119-145-572-088.79 $10,000 $0 4. REVENUE TOURIST DEVELOPMENT FUND Cash Forward 119-000-389-040.00 $5,960 $0 EXPENSE TOURIST DEVELOPMENT FUND Reserve for Contingency 119-144-581-099.91 $0 $106,910 Off Shore Reef 119-144572-067.63 $112,870 $0 14 Entry Number Fund/Department/Account Name Account Number Increase Decrease 5. EXPENSE GENERAL FUND Tax Collector 001400-586-099.07 $65,000 $0 Reserve for Contingencies 001-199-581-099.91 $0 $65,000 M.S.T.U. Tax Collector 004400-586-099.07 $45,000 $0 Reserve for Contingencies 004-199-581-099.91 $0 $45,000 6. REVENUE EMERGENCY SERVICES ALS Revenue 114-000-342-062.00 $0 $61,815 Interest Income 114-000-361-010.00 $41,815 $0 EXPENSE Reserve for Contingencies 114-253-526-099.91- $0 $20,000 .7. EXPENSE GENERAL FUND Medical Services 001-907-527-033.12 $0 $18,982 Cash Forward 001-199-581-099.92 $18,982 $0 8. EXPENSE EMERGENCY SERVICES ALS/Overtime 114-253-526-011.14 $30,423 $0 ALS/Social Security 114-253-526-012.11 $1,886 $0 ALS/Retirement 114-253-526-012.12 $5,400 $0 ALS/Workees Compensation 114-253-526-012.14 $1,850 $0 ALS/Medicaid Matching 114-253-526-012.17 $441 $0 ALS/Reserve for Contingencies 114-243-526-099.91 $0 $40,000 9. EXPENSE GENERAL FUND Victim Assistance 001-903-516-088.45 $0 $6 Cash Forward -001-199-581-099.92 $6 $0 15 LjEB - S 1,944 BOOK 91 `,1 ic,E 694 r FEB -8199A BOOK 91 FADE 6,95 10. REVENUE GENERAL FUND Donations -N. County Library 001-000-366-097.00 $1,173 $0 Donations -N. County Library 001-000-366-100.00 $1,876 $0 EXPENSE N. County Library/Subscriptions 001-112-572-035.46 $3,049 $0 11. REVENUE GENERAL FUND Donations -Main Library 001-000-366-095.00 $2,386 $0 Donations -Books -Main Library 001-000-366-103.00 $1,168 $0 EXPENSE GENERAL FUND Main Library/Books 001-109-572-035.45 $3,554 $0 PUBLIC DISCUSSION - MEDIEVAL FAIRE The Board reviewed the following memo dated February 4, 1994: TO: County Commissioners Jim Chandler, Administrator Jim Davis, Public Works Director FROM: Richard N. Bird, Chairman, Parks & Recreation Committee DATE: February 4, 1994 SUBJECT: Medieval Faire at Hobart Park Attached are the verbatim minutes from the February 3rd Parks and Recreation Committee meeting with regards to the proposed Medieval Faire, together with a sample press package. This is for your information only at this point, as there is a possibility that this will be added to the agenda for next Tuesday's commission meeting. Administrator Chandler reported that Phoenix Productions is asking for the Board's approval to hold a "Medieval Faire" at Hobart Park on the weekends of March 12-13, March 19-20, and March 26-27. He reported that the Parks & Recreation Committee is in favor of this event. There was a question of whether this will conflict with the Firefighters' Fair, but the Firefighters and Phoenix Productions have met and the Firefighters are in concurrence. The Medieval Faire would be held in the area just 16 north of the park itself. Administrator Chandler stated that if the Board grants conceptual approval, a number of details will need to be worked out, including insurance, refundable cleanup deposit, restroom facilities fee, etc. Staff recommends a minimum charge of $100.00 per day. Bridget Rice, representing Phoenix Productions, distributed an information packet to the Board, which included the following sample press release: GREAT LOUISIANA MEDIEVAL FAIRE AT CITY PARK -- HALLOYEEN DAY PLUS THREE `TEEKEIDS IN NOVEMBER! FOR IMMEDIATE RELEASE For more information: October 11, 1993 Patty Robertson (615) 269-3305 (thru 10/8) (504) 484-6700 NEW.ORLEANS, LOUISIANA Travel back in time to an age of fighting knights and fair maidens when the Great Louisiana Medieval Faire comes to the Marconi Meadow at City Park in New Orleans Halloween Day, October 31, November 6 - 7, 13 - 14, and 20 - 21. Sure to be one of the region's most entertaining events, the :acre features a medieval atmosphere, knights on horseback jousting in full armor, an abundance of food and drink, period artisans with wares to sell, and entertainment throughout the day. Upon.entering the grounds, guests are magically transported to the 13th century where men with swords at their sides and ladies-in-waiting are a familiar site. Singing minstrels stroll the grounds. Gypsies dance and tumble to rhythms of the time, as jugglers toss fire and swords in to the air, while crowds Rather in the meadow to see knights duel for the Queen's favor. Offering a full day of entertainment, the faire brings performers from around the country to excite families with acts of daring and delight. Along with the Joust, the."Living Chess Game" will capture the attention of many, as costumed F4r1 LFEB - 8 04_ BOOK 91FAGS 6,9s r- FES 94 o 9 Booz 91 f'.kcE67 7 characters act as chess pieces, fighting for each square with "live steel." Ras Pappa astonishes crowds with his mastery of the 16' bull whip, snapping it just inches from his assistant's body. Juggler eztraordinare, "Broon" lofts a bowling ball, a razor sharp sword, and an apple in to the air with precision accuracy, finishing the apple during the trick. In addition to a day of thrilling entertainment, the faire also offers an abundance of medieval treats to tempt the palette. Turkey legs roast over the fire. The smell of fresh cinnamon buns and other bakery delights fills the air, as the singing in the pub grows louder. Centrally located at the Marconi Meadow in City Park, the Great Louisiana Medieval Faire is easily accessible from I-10 and the French Quarter. Held at "the old driving range" on Marconi Avenue, festival hours are iD a.m. to 6 p.m....' -,Tickets are x8.95 for adults, $7.95 for senior citizens (62+) and $4.95 for children 3 - 12 years of age, and will be available at discount rates through October 23. Advance tickets can be purchased by phone with Visa or Master Card by calling 504-484-6700, or by mailing to Great Louisiana Medieval Faire, P.O. Box 19599, New Orleans, LA 70179-0599. Groups discounts for 20 or more are also available. Ms. Rice explained that this will be a cultural event rather than a typical carnival. There will be 3 different stages with continuous entertainment, and local aspiring actors are invited to participate. An educational program is planned in cooperation with local schools. All activities will have a medieval theme. Food and non-alcoholic beverages will be sold on the premises. The price of admission will be $8.95 for adults and $4.95 for children, and children age 2 and under will be admitted at no charge. There will be a "buy one, get one free" special on adults' tickets during the first weekend. To encourage people to attend the Firefighters' Fair, everyone attending the Medieval Faire will receive a $2.00 coupon towards admission at the Firefighters' Fair. Phoenix Productions will give the Firefighters $1.00 for each coupon that is redeemed. There will be a minimum of $1 million in liability insurance, and provisions will be made for security, traffic control, waste management, parking, and restroom facilities. Local people will be employed to work at food stands and parking areas. 18 s o r Ms. Rice reported that her company has a license from the Health Department, and she was proud to say that her company left the grounds in better condition than they found them at the last two festivals. She stated that her organization has catered the Center for the Arts' anniversary celebration for the past 3 years, and that she could provide letters of reference upon request. Commissioner Macht asked whether there was a local base for her organization, and Ms. Rice responded that some of the members of her organization have purchased homes in this area and are living here. Commissioner Eggert understood that the Center for the Arts has written a letter in support of this event. She felt that a Medieval Faire would be a lot of fun. Commissioner Adams agreed that a Medieval Faire would be a great attraction. She supported this event, provided the Firefighters are agreeable to having it take place at the same time as the Firefighters' Fair, and provided a bond is posted for the cleanup and other requirements are met. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously (4-0, Commissioner Bird being absent) granted approval for Phoenix Productions to hold a Medieval Faire at Hobart Park the weekends of March 12-13, March 19- 20, and March 26-27, as recommended by staff. LICENSE AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD PROFESSIONAL ENGINEERING SERVICES FOR OSLO RIVERFRONT PROPERTY IMPROVEMENTS The Board reviewed the following memo dated February 1, 1994: TO: James E. Chandler County Administrator DEP TMENT HEAD CONCURRENCE: Robert N. KeatingAIC i Community Develop ent rector FROM: Roland M. DeBlois,AICP Chief, Environmental Planning DATE: February 1, 1994 RE: Professional Engineering Services for Oslo Riverfront Property Improvements It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of February 8, 1994. 19 BOOK. 91 Fa E 699 DESCRIPTION AND CONDITIONS Background The Oslo Riverfront property is approximately 300 acres of coastal/tropical hammock, scrubby flatwoods and estuarine wetlands north of and surrounding the Florida Medical Entomology Laboratory (FMEL) on Oslo Road. This property was jointly acquired by the County and the St. Johns River Water Management District (SJRWMD) in August, 1991. On April 27, 1993, the Board of County Commissioners approved a draft management plan and a Florida Inland Navigation District (FIND) grant application for improvements on the subject property compatible with site resources. Subsequently, under its Waterway Assistance Program, FIND approved a $3,650 matching grant for "first phase" project funding. This first phase pertains to design, engineering and permitting of waterfront related site improvements. Overall site improvements proposed on the Oslo Riverfront property generally consist of walking/hiking trails, with foot bridges and boardwalks to traverse wetlands and drainage ditches. On the east side of the mosquito impoundment area along the Indian River Lagoon, an observation platform and canoe dock are proposed. Limited parking and potentially a rest room facility are conceptualized in an area presently dominated by Brazilian pepper, thus minimizing native plant community impacts. Coastal Tech Proposal At the request of staff, Coastal Technology Corporation ("Coastal Tech") has submitted a letter proposal to provide professional services for project design, engineering, and permitting consistent with the Oslo Riverfront Project Agreement between the County and FIND. Staff requested a proposal from Coastal Tech because the firm has previously designed and permitted similar improvements in fulfillment of a FIND grant for Round.Island Park. This matter is presented for the Board to consider approving the Coastal Tech proposal to provide professional engineering services relating to the FIND grant and overall property improvements. ALTERNATIVES -& ANALYSIS As explained in the attached letter, Coastal Tech is proposing to provide services for a total fee not to exceed $9,950. These services include: sufficiency review of surveys & geotechnical data (to be provided by the County) for design and permitting purposes; - preparation of conceptual drawings for overall site .improvements; preparation of formal applications for jurisdictional agency permits; and preparation of preliminary & final design drawings for county site plan approval, including stormwater design to satisfy county and water management district requirements. 20 Alternatives To fulfill the County's match of the awarded FIND grant for design, engineering, and permitting of improvements at the Oslo Riverfront property (Phase I), the County has a number of alternatives, including: 1. Conduct design, engineering, and permitting activities in- house. 2. Issue a Request -for -Proposals (RFP) and select a firm to perform the described services in accordance with Consultants Competitive Negotiation Act (CCNA) procedures. 3. Authorize Coastal Tech to conduct engineering services, as described in the attached letter proposal. Staff's position is that in-house design, engineering, and permitting would be a time consuming undertaking, with staff having to conduct the work in addition to regular duties. Moreover, while county staff have ample experience in development site plan review, an engineering consultant has added expertise from the standpoint of design and -interagency permitting, and is more able to work within grant time frames. Rather than issue an RFP, which would delay project implementation, it is staff's position that Coastal Tech's recent, similar permitting and engineering work relating to a FIND grant at Round Island Park make selection of the -firm a preferred alternative. Funding * Phase I The awarded FIND grant accounts for $3,650 of the proposed $9,950 engineering services fee. Planning staff propose that funds from the county mitigation account (Account# 601-000-220-033.00) be the source of funding for the remaining $6,300 cost and associated permit fees. This project is an appropriate use of mitigation funds because it relates to the management of environmental lands acquired for conservation purposes (reference County Code Section 929.05(3)). * Phase II The original FIND grant application requested $+66,000 in matching funds for waterfront related improvements on the Oslo Riverfront site. Overall site improvements are estimated to cost between $150,000 and $200,000. The full $66,000 was not approved for funding under the initial FIND application, because FIND has a policy of requiring project engineering and permitting completion prior to funding construction costs.' Therefore, if project design and permitting is completed under the approved FIND grant, the County will be in a position to apply for the remaining matching funds in the upcoming grant cycle (with an application deadline of -May 2, 1994). It is anticipated that funding for overall site improvements will come from state grants, such as the FIND grant described herein. Also, upland and wetland habitat mitigation funds are available as a potential funding source for site restoration and management. RECOMMENDATIONS Staff recommends that the Board of County Commissioners authorize the use of $9,950 (and monies for associated permit application fees) from the county mitigation account (Acc.# 601-000-220- 033.00), to pay Coastal Tech for engineering services relating to the Oslo Riverfront Property. ($3,650 of these funds will be reimbursed by FIND grant monies.) 21 F E B ® 8 199 aooK, 91 F,,cE;00 BOX 91 Fn,E 701 1 Community Development Director Bob Keating reported that staff is making a different recommendation from what is in the agenda backup material. The County Attorney's office is researching whether the rules of the Competitive Consultants Negotiation Act (CCNA) are applicable. If the CCNA rules are applicable, staff is requesting the Board's authorization to prepare a request for proposals. If the CCNA rules do not apply, staff would like the Board's authorization to go out for bid and get price quotes. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously (4-0, Commissioner Bird being absent) authorized staff to prepare a request for proposals under the CCNA procedures or advertise for bids for professional engineering services for the Oslo Riverfront Property Improvements, depending on the recommendations of the County Attorney's office. WIND -LOAD REQUIREMENTS This item was deferred for 1 week. REQUEST FOR AUTHORIZATION TO APPLY FOR FEDERAL FUNDS TO DRAFT COUNTY -WIDE HABITAT CONSERVATION PLAN (HCP) FOR THE FLORIDA SCRUB JAY The Board reviewed the following memo dated February 2, 1994: TO: James E. Chandler County Administrator DEP TMENT HEAD CONCURRENCE: Robert M. Keating, AICP �ectorCommunity Development D FROM: Roland M. DeBlois,'-AICP Chief, Environmental Planning DATE: February 2, 1994 RE: Request for Authorization to Apply for Federal Funds to Draft a County -Wide Habitat Conservation Plan (HCP) for the Florida Scrub Jay It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of February 8, 1994. 22 DESCRIPTION AND CONDITIONS As identified in the County Comprehensive Plan and as recognized by the state and federal governments, the xeric (dry) scrub native plant community is one of the most endangered natural habitats in both Indian River County and the State of Florida. Generally associated with the Atlantic Coastal Sand Ridge and the Ten Mile Ridge on the east central coast of Florida, the xeric scrub plant community supports many endemic flora and fauna species that are listed as state or federally endangered (or potentially endangered) species. The "keystone" indicator species of this endangered habitat is the Florida scrub jay, a federally listed threatened species. Florida scrub jays, like other federally listed threatened or endangered species, are protected under the Endangered Species Act, administered by the U. S. Fish and Wildlife Service (USFWS) (see the attached letter). Recently, particularly in Brevard County and northern Indian River County, the USFWS has applied pressure on local governments to develop comprehensive Habitat Conservation Plans (HCPs) to protect critical scrub jay habitat. Brevard County has received federal funds for the development of a scrub jay HCP, and is in the midst of developing a plan. This matter is presented for the Board to consider authorizing staff to seek federal funding to develop a county -wide scrub jay HCP. ALTERNATIVES & ANALYSIS Indian River County is presently taking measures to protect xeric scrub habitat by means of the County environmental land acquisition program, and through native upland and endangered species protection regulatory requirements (County Code Chapter 929). However, a county -wide, intergovernmental Habitat Conservation Plan is an important and necessary tool to provide comprehensive habitat protection in balance with land development. An important aspect of the plan would be to proactively identify areas of critical habitat, and to identify practical strategies to conserve these areas. These strategies are expected to include a combination of public land acquisition, less -than -fee -simple acquisition alternatives (e.g., conservation easements), and land development regulation. A locally developed HCP would provide an opportunity for the County (and other participating local governments, as applicable) to be actively involved in determining the most equitable means of protecting scrub jay habitat in balance with private land development rights. An HCP would also resolve the issue of incremental, site -by -site required federal approval of scrub habitat development, a requirement which is presently a burden on affected private land owners. RECOMMENDATIONS Staff recommends that the Board of County Commissioners authorize staff to seek federal funding for the development of a county -wide scrub jay Habitat Conservation Plan. Staff also requests that the Board authorize staff to contact the Sebastian City Council to determine whether the City would like to participate in the HCP development process. 23 BOOK 91 pnn 70 r FEB m 8 1494 BOOKUk. '91 Fay,. 793 Environmental Planning Chief Roland DeBlois advised that Brevard County received a Federal grant to prepare a habitat conservation plan (HCP), and he thought there might be some funds available for our County. He advised that the work would be done under the guidance of County staff, and public workshops would be conducted. commissioner Eggert asked whether the unincorporated areas of the County have as many single -lot problems as the City of Sebastian. Mr. DeBlois responded that most of the scrub in the unincorporated areas of the county is on large, unplatted lots. Commissioner Adams agreed that we need a county -wide plan, and that we should contact the City of Sebastian about participating in development of a plan. Bill Koolage, 17 Vista Gardens Trail, was opposed to spending money on preservation of a species when the Federal government is deeply in debt and there are so many problems with our youth and the educational system. Commissioner Adams understood Mr. Koolagel's frustration, but she felt that we should not allow the scrub jays to become extinct and then learn too late that they were a vital part of our ecosystem. She agreed there are a lot of problems in our educational system, but she was opposed to taking money away from the environment. Chairman Tippin resented the U.S. Fish and Wildlife Service putting pressure on us, but he realized that it is a fact of life. ON MOTION by Commissioner Macht, SECONDED by Commissioner Adams, the Board unanimously (4-0, Commissioner Bird being absent) authorized staff to seek federal funding for development of a county- wide scrub jay Habitat Conservation Plan (HCP), and to contact the Sebastian City Council to determine whether the City of Sebastian would like to participate in the HCP development process, as recommended by staff. 24 M ® i CR -512 WENTWORTH DITCH RELOCATION - SHELTRA & SON - CHANGE ORDER NO. 2 & FINAL PAY APPLICATION County Engineer Roger Cain commented from the following memo dated January 28, 1994: TO: James Chandler County Administrator THROUGH: James W. Davis, P.. Public Works Directo ?z 00*11 FROM: Roger D. Cain, P.E. County Engineer 1 ,40 SUBJECT: CR 512 Wentworth Ditch Relocation IRC Project No. 8612 Sheltra & Son Change Order No. 2 & Final Pay Application DATE: ' January 28, 1994 DESCRIPTION AND CONDITIONS This is the final pay request for this project. The Contractor is requesting the county also release the retainage for this project. County Staff has inspected this project and is satisfied the work is in substantial conformance to the plans and specifications and that the amount requested by the Contractor is correct and per the contract. The Contractor is requesting a Change Order for additional work for quantities of excavation and embankment provided that exceeded the plan quantities. A letter from the Engineer, Mr. Wayne Westerman, is attached which summarizes his review of the final quantity determination for the Change Order submitted. The County kept a survey crew on this site the entire time of construction to take cross sections because the biggest item of cost was the earth work quantities and staff wanted to make sure the Contractor was paid only for the quantities actually done. While the over -run is high percentage wise, it should be understood the contract consisted primarily of earthwork which is susceptible of a higher than normal error in estimating due to the factors cited in Mr. Westerman's letter. It should also be remembered that the contract as completed has saved the county approximately $100,000 over the next low bidder. The original contract was for $244,996.75. This was increased by C. O. 1 in the amount of $15,200.00 to a new contract amount of $260,196.75. This Change Order in the amount of $33,848.85 gives a new and final contract amount of $294,045.60. Retainage in the amount of $25,341.43 has been withheld to date per the contract on prior payments of $228,072.87 leaving a final balance due of $65,972.73. ALTERNATIVES AND ANALYSIS Alternative 1: Approve Change Order 2 and the final pay application to the contract and release the retainage to the contractor. The Staff recommends the Hoard direct the Chairman to execute the change order on its behalf. 25 L-1- E B ROOK, 91 F,10E 7,194 FEB - 8 1994, aooK 91 F},F 705 Alternative 2: Not approve the Change Order and the final pay application. RECOMMENDATION AND FUNDING Staff recommends Alternative 1, funding to be from account number 101-153-541-067.38 MOTION WAS MADE by Commissioner Adams, SECONDED by Commissioner Eggert to authorize Change Order No. 2 and final payment in the amount of $65,972.73 to Sheltra & Sons, as recommended by staff. Under discussion, Chairman Tippin expressed concern about the large change order. Mr. Cain explained that it was difficult to estimate the amount of earthwork on this project because of heavy growth in the area. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously (4-0, Commissioner Bird being absent). CHANGE ORDER NO. 2 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 1993-94 ROAD RESURFACING PROGRAM AND CAPITAL IMPROVEMENT SCHEDULE The Board reviewed the following memo and attachment dated January 28, 1994: TO: FROM: SUBJECT: DATE: James E. Chandler, County Administrator James W. Davis, P.E., Public Works Directo 1993/94 Road Resurfacing Program and Capital Improvement Schedule January 28, 1994 FILE: IMUM.AM DESCRIPTION AND CONDITIONS During the 1993 Budget session, the Board appropriated $450,000 for paving material and $273,000 for limerock in the Road and Bridge Division budget(fund 111-214) for a total of $725,000. As usual, staff, has inventoried the existing county road network and the following roadways are in need of widening and/or resurfacing: 58th Avenue between Oslo Road and SR60 $ 77,000 Resurface certain areas in critical need due to subgrade failure. This entire road will be relocated to the west, widened, and reconstructed within the next 5 years. Vero Beach Highlands Subdivision - 58,000 Resurface various local streets 99th St. west of US 1 - Widen & Resurface 21,000 CR507 Fellsmere to Brevard County Line Widen, resurface, replace drainage culverts 300,000 43rd Avenue - 4th St to 19th St. 120,000 Widen and resurface Colonial Estates - Resurface two roads 15,000 4th Street - 27th Avenue to Old Dixie 70,000 Widen and resurface $ 661,000 ALTERNATIVES AND ANALYSIS The alternatives presented include: Alternative No. 1 Approve the above list of projects and authorize staff to proceed with construction. The attached tentative construction schedule is proposed. Alternative No. 2 Revise the above list and proceed to implement an alternative program. RECOMMENDATIONS AND FUNDING Staff recommends Alternative No. 1 whereby the above list is approved. Funding to be from Transportation Fund 111-214 (Road and Bridge Division budget). County Engineer Roger Cain advised that the 58th Avenue resurfacing project includes some required improvements at the intersection of 58th Avenue and SR -60 as part of the Sam's/Wal-Mart development. The developers have requested permission to close the road for 12 days rather than the originally approved 5 days, because they are concerned that significant subsoil excavation will be required and that 5 days would not give them enough time to complete the work. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously (4-0, Commissioner Bird being absent) approved the above list of projects and authorized staff to proceed with construction, as recommended by staff. 27 BOOK 91 FACE 0 j rr-- FEB m 8 19911 Bou 91 F,� JE 707 INTEREST RATE PAID ON DEPOSITS Utility Services Director Terry Pinto commented from the following memo dated February 2, 1994: DATE: February 2, 1994 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE.G. PINT DIRECTOR OF UTI SERVICES PREPARED HARRY E. ASHER AND STAFFED ASSISTANT DIRECT4TILITYUSERVICES BY: SUBJECT: INTEREST RATE PAID ON DEPOSITS BACKGROUND The County established its current interest rate paid on deposits in the amount of 6% per annum with the adoption of Resolution 91-31. A resolution of Indian River County, Florida adopting rates, fees and charges for the Department of Utility Services, pursuant to the authority of Ordinance No. 91=9, effective April 1, 1991. ANALYSIS The current interest rate of 6% is greater than the interest earned on this account. This could automatically cause a deficit in the account if the interest rate is lowered. The Department has reviewed the current savings interest yields locally (attached)and these rates have dropped significantly at the present time. The Department proposes to change the rate from the current rate of 6% per annum (0.5% per month) to 2.5% per annum (0.2083$ per month). This rate was evaluated based on the current money market rates of 2.31%. RECOMMENDATION The staff of the Department of Utility Services recommends approval of the attached resolution changing this interest rate paid on customer deposits to 2.5% per annum. Commissioner Macht asked if the proposed rate is linked to the Federal interest rates. OMB Director Joe Baird reported that the rate is comparable to the rate being paid locally on money market funds or short-term certificates of deposit. Commissioner Adams noticed that the previous rate was in effect since 1991, and she wondered if the rates should be reviewed more frequently. Commissioner Macht pointed out that the rate could be adjusted any time there is a significant change in short-term interest rates. 28 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Macht, the Board unanimously (4-0, Commissioner Bird being absent) adopted Resolution 94-33, amending the interest rate to be paid on certain deposits from 6% to 2.5% per annum. RESOLUTION N.O. 94- 33 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE INTEREST RATE TO BE PAID ON CERTAIN DEPOSITS FROM 6% PER ANNUM TO 2.5% PER ANNUM. WHEREAS, by Resolution No. 91-31, the County adopted certain rates, fees, and charges for the Department of Utility Services; and WHEREAS, because of changing market conditions it is now necessary to reduce the interest paid on deposits held by the Department; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the interest rate to be paid on deposits held by the Department of Utility Services adopted by Resolution No. 91-31 shall be changed from 6% per annum to 2.5% per annum effective on adoption of this resolution or at such later time as is convenient to the Department in its interest calculations. The resolution was moved for adoption by Commissioner Eggert , and the motion was seconded by Commissioner Macht , and, upon being put to a vote, the vote was as follows: Chairman John W. Tippin Aye Vice Chairman Kenneth R. Macht A y e Commissioner Richard N. Bird Absent Commissioner Carolyn K. Eggert Aye Commissioner Fran B. Adams Aye The Chairman thereupon declared the resolution duly passed and adopted this 8 day of F p h r ii a rte_, 1994. Attest: Jeffrey K. Barton,, Clerk / Y BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA y �i By John W. i in Chairman 29 E B v 8 1 994, BOOK tk� P,� ;E0 rFEB ® 1994 BOOK 91 70 ARTIFICIAL WETLAND AT WEST REGIONAL WASTEWATER TREATMENT PLANT The Board reviewed the following memo dated February 2, 1994: DATE: February 2, 1994 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PI DIRECTOR OF IIT SERVICES PREPARED ROBERT O. WISEMEN, P.E. AND STAFFED ENVIRONMENTAL ENGINEER BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: ARTIFICIAL WETLAND AT WEST REGIONAL WWTP Due to the enforcement of the Indian River Lagoon Act and the Antidegradation Act, which disallows any additional pollutant discharge to all tributaries of Indian River, the Department of Environmental Protection (FDEP) has required and promoted a reuse program to be established in any County especially in a "Critical County" such as Indian River County. A Critical County is defined as a county which geographically is in close proximity of being affected by a salt water intrusion. This requirement has limited any discharge into the County canal system, which eventually flows into the Indian River. ANALYSIS: The outfall of the proposed wetland system is discharging to the adjacent canals, which presently are being used by Citrus Groves for sources of irrigation water. The FDEP in the process of issuing a permit for construction of said wetlands and has required the County.to perform a study to investigate alternative disposal systems. The alternative disposal system should include a residence reuse irrigation system. Even after the County Consultant submitted the Effluent Disposal Master Plan, which explains all alternative systems as well as recommended disposal systems based on economic reasons, the FDEP is still requiring the Reuse Feasibility Study to be conducted to satisfy the responsibility of enforcing the Indian River Lagoon Act and the Antidegradation Act. The County is seeking authorization to negotiate with the FDEP to reduce the requirements of the permitting process. In negotiating with the FDEP, Brown & Caldwell will be asked to accompany the County Staff to answer questions regarding the effluent disposal master plan. The consultant fee for assisting the County is estimated, not to exceed, $5,800.00 and the cost of the required study shall range from $30,000.00 to $55,000.00 RECOMMENDATION: The Utility Services Department recommends that the Indian River County Board of County Commissioners authorize the expenditure of $5,800.00 for Brown and Caldwell to accompany the County staff to negotiate with FDEP on the permitting requirements. Upon knowing the outcome of said negotiation, we recommend the authorization of the expenditure of, not to exceed, $55,000.00 for Brown and Caldwell to conduct the study immediately to meet the 30 day clock requirement governed by Chapter 17-3, FAC. W Utility Services Director Terry Pinto explained that as part of the permitting process for the artificial wetland, the Florida Department of Environmental Protection (FDEP) is asking us to do a study to prove that a reuse system would not be a practical alternative to the wetland. The study must include a rate analysis to determine whether a reuse system that would serve private homeowners would result in more than a "reasonable" rate increase, but we do not know the FDEP's definition of reasonable. The FDEP favors the artificial wetland, but the Florida Statutes do not specifically cover artificial wetlands, and a reuse study is required anytime there is a discharge of effluent into canals. Director Pinto emphasized that staff is convinced an artificial wetland will be cost-effective and environmentally sound, and he asked the Board for authorization. to hire Brown and Caldwell to assist him in negotiating with FDEP on the permitting requirements. Administrator Chandler commented that depending on the decision that is made at the local level, we may want to go to Tallahassee and speak to the Secretary of the FDEP. Commissioner Macht felt that we have ample grounds for challenging the need for this study. Commissioner Adams was concerned about using Brown and Caldwell in the negotiating process, because it would benefit Brown and Caldwell if the study is required. Director Pinto explained that he will do all the negotiating, and Brown and Caldwell will provide the technical expertise. ON MOTION by Commissioner Macht, SECONDED by Commissioner Adams, the Board unanimously (4-0, Commissioner Bird being absent) authorized the expenditure of $5,800.00 for Brown and Caldwell to assist County staff in negotiating with FDEP to reduce the requirements of the permitting process; and if the outcome of the negotiation is that the FDEP determines that a Reuse Feasibility Study is required, authorized the expenditure of not more than $55,000.00 for Brown and Caldwell to conduct the required study, as recommended by staff. WORK AUTHORIZAtion NO. 6 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 31 FEB ® 8 1994 BOOK 91 F,i E 710 r FEE - 8 J99 - BOOK 91 PnE 711 DEMOLITION OF HOUSES IN GIFFORD Chairman Tippin reported that a number of buildings, including 3 houses owned by Mr. Ivey Williams, have been condemned because they are not in compliance with the Building Code. There have been complaints that some of the buildings are being used by derelicts, drug addicts, and prostitutes. Mr. Williams has requested an opportunity to speak to the Board about a letter he received from Building Director Ester Rymer, notifying him that he must bring the subject properties into compliance with the Building Code within 60 days. Otherwise, the County will demolish the buildings and bill him for the cost of demolition. Ivey Williams, 4246 31st Avenue, Gifford, recounted that in 1989 he bought 6 houses that were in foreclosure. He applied for a loan from the bank to renovate the buildings. The bank approved a loan but was unwilling to lend him enough money to complete the work. He reinvested the rental income from the property, and he has been able to renovate one house every year. He does not have enough money to complete all the work before the deadline. He admitted that the houses are in poor condition, but he stressed that he is doing the best he can. He asked the Board to give him an extension of time to complete the work. Commissioner Eggert suggested that Mr. Williams apply for funds under the Housing Authority's low-income rental housing program. Mr. Williams reported that he tried to get financial assistance from the Housing Authority, but he was told that his income is too high. Commissioner Eggert asked Community Development Director Bob Keating if Mr. Williams would be eligible for funds under the County's new housing rehabilitation loan program for low-income rental housing. Director Keating confirmed that money is available, and that funding depends on the income of the person who will occupy the dwelling rather than the owner's income. Commissioner Tippin asked Mr. Williams whether drug addicts or derelicts were using the houses for illegal activities. Mr. Williams assured the Board there are no illegal activities taking place on his property. He added that some houses were demolished last week because of alleged illegal activities. He maintained that illegal activities were not taking place in those buildings. He stated that he would have liked to purchase those buildings, but he was unsuccessful in his attempts to find out who owned them. He wished the County would give investors an 32 opportunity to purchase and renovate condemned houses rather than demolish them. He gave examples of houses in the area that were purchased and rehabilitated. Director Rymer advised the Board that Mr. Williams' property is in the first phase of condemnation. A letter was sent notifying him that he had 60 days to start making necessary repairs. At the end of the 60 days, staff will present this matter to the Board for further action. Mr. Williams will have an opportunity to ask the Board for an extension at that time. Commissioner Adams asked Director Rymer to clarify whether Mr. Williams has 60 days to begin restoration, or whether the repairs must be completed within that time frame. Director Rymer responded that Mr. Williams has 60 days to submit his plans, get a permit, and get started. Commissioner Macht felt that the Board should give staff a chance to follow their usual procedure. Mr. Williams emphasized that he was not here to cause any problems. He just wanted to let the Board know that he intends to renovate the houses as soon as he has the money. Chairman Tippin stated that no action was required by the Board at this time. He suggested that Mr. Williams might want to make as many of the needed repairs as possible before the end of the 60 -day limit. PUBLIC OFFICIALS CONFERENCE REMINDER Chairman Tippin reminded the Board that Emergency Services Director Doug Wright has scheduled a public officials conference for Friday, February 11, 1994 at 10:00 a.m. Commissioner Eggert announced that the Emergency Services Advisory Committee will be meeting at 9:00 a.m. the same day. The first draft of the amended emergency services plan will be distributed at that meeting. She suggested that the Commissioners might want to attend that meeting, then after a short break the 10:00 a.m. meeting will be held. She felt that this was an important meeting the State was holding. COURTHOUSE ADVISORY COMMITTEE MATTERS Commissioner Macht directed the Board's attention to the following letter from the Democratic Executive Committee: 33 F E B ®8 1994 BOOK 91. FAGS712 ;678910 FEB 1994 1 map ,s,. BOOK 91 P�IIE 713 BOARD CO CRAT'IC �Vi l rC E CO1r MMEE COMMISSIONERS � Of 9cs+� rp` Indian River County Box 276 • vero Beach, Florida 32961 • Phone (407) 569-6 18-UTii)IV L Commissioners - January 31, 1994 Admini tarator Attorney Personnel pt.,biii' Vr ork—s Mr. John W. Tippin Commun,"hy De,,;. Chairman of the Board of County Commissioners 1.:tttiiies .� County Administration Building Finance 1840 25th Street 0r'r913 Vere Beach, PL 32960 frnerg. Serv. Dear Mr. Tippin: Risk Mgt.Cther The Democratic Party of Indian River County would like to ask the County Commissioner's Office to consider naming the new County Courthouse in honor of James T. VowJk and to do so in a manner that would be very pleasing to everyone in our County. Mr. Vocelle has a list of accomplishments such as former State Representative, State Senator, County and City Attorney and most of all he was one of the Founding Fathers of Indian River County. Your action on this issue would be of very sound judgement on the part of the County Commissioner's Office and would please a gnat many people that knew of Mr. Vocelle's contribution to this great County. Please advise me of your approval, or reason for not having a show of interest in this request: Si , Ch ; Relseth Chairman and State Committeeman for Indi River County Commissioner Macht emphasized that it always causes trouble when someone suggests naming a bridge, street, park, or public building after a person. He asked the Board's direction in this matter. Commissioner Eggert advised that the past policy of the County has been not to name. public buildings after people because any time a building is named after a person, someone thinks it should have been named after somebody else. Chairman Tippin agreed that we should avoid potential controversy by maintaining current policy. 34 � � r ON MOTION by Commissioner Eggert, SECONDED by Commissioner Macht, the Board unanimously (4-0, Commissioner Bird being absent) agreed to continue with the County's policy of not naming buildings after individuals, and to name the new Courthouse the Indian River County Courthouse. Commissioner Macht stated that he will so advise the Courthouse Advisory Committee. TOURIST TAS Commissioner Macht wanted the Board to be aware of a bill that recently was introduced in the legislature concerning the tourist tax. He stressed that we must ensure that the County's interests are represented. LEGISLATIVE INTENT AND RULE MAKING Commissioner Macht announced that a bill has been introduced that deals with agencies that exceed legislative authority and intent in rule making. He stated that he was expecting a Fax summarizing that bill, and that he would distribute copies to the other Commissioners. He stressed that the Board should stay very close to that issue. In that regard, Commissioner Macht reported that Legislative Day is March 16, 1994, in Tallahassee, and he felt that the Board should send at least one Commissioner to represent the interests of the County on that issue and other issues that concern us. Chairman Tippin stated that he would like to go, but he has some scheduling conflicts on his calendar. He asked if the Board could discuss this again at next week's meeting. Commissioner Eggert clarified that this is the Florida Association of Counties (FACo) Legislative Day. She suggested authorizing out -of -county travel for one or more Commissioners and whatever staff the County Administrator deems appropriate to avoid the necessity of having to bring it back to the Board at the last minute. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Macht, the Board unanimously (4-0, Commissioner Bird being absent) approved out -of - county travel for one or more Commissioners, plus whatever staff the County Administrator deems appropriate, to attend Legislative Day on March 16, 1994, in Tallahassee. 35 �9� aoc�c 1 �a �� 7� r FEB - fl i49- BOOK 91 FADE d 15 There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 10:25 a.m. ATTEST: J. arton, Clerk 36 John Ik. Tipp' airma