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HomeMy WebLinkAbout3/15/1994� MINUTEri TTACHED' BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA REGULAR MEETING TUESDAY, MARCH 15, 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. 11 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 9: 00 A. M. 1. CALL TO ORDER 2. INVOCATION - Rev. Pete LaBarre, Retired Trinity Episcopal Church 3. PLEDGE OF ALLEGIANCE - Comm. Kenneth R. Macht 4. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS 7-B Add 1 name (Schell) to list of utility liens 7-I Approval for Franchise Coordinator to attend FCC seminar in San Francisco 11-H-2 Legislation on telcos, cablevision industry 12 Set date for Debbie House appeal 13-B opposition to impact fee legislation 5. PROCLAMATION AND PRESENTATIONS None 6. APPROVAL OF MINUTES A. Regular Meeting of February 15, 1994 B. Special Meeting of February 23, 1994 7. CONSENT AGENDA A. Received E Placed on File in Office of Clerk to the Board: Report of Convictions - Month of Feb., 1994 I.R. Farms Water Control District Board of Supervisors Schedule of Regular Meetings B. Release of Utility Liens ( memorandum dated March 9, 1994 C. Modification of Dock License Agreement ( memorandum dated March 4, 1994 ) MAR 15 1994 6OOK 91 FACE 969 r- BOOK 91P1;r 970 MAR 15 1994 7. CONSENT AGENDA (cont'd. ) D. Request to Establish Hearing Date to Consider Substantial Deviation Request for Additional Grand Harbor Marina Boatslips ( memorandum dated March 9, 1994 ) E. Final Plat Approval for St. Andrews Island ( Pod "C") of Grand Harbor ( memorandum dated March 9, 1994 ) F. Removal from Committee ( memorandum dated March 9, 1994 ) G. Annual Financial Report ( memorandum dated March 9, 1994 ) H. Misc. Budget Amendment 012 (memorandum dated March 9, 1994) 8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES SHERIFF GARY WHEELER - Request to Use Federal Prisoner Program Funds (letter dated March 1, 1994) 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 None B. EMERGENCY SERVICES 1. Approval of Interlocal Agreement for Use of St. Lucie County Sheriff's Department Air Ambulance ( Helicopter) ( memorandum dated March 1, 1994 ) 2. Authorization to Submit Three Competitive Grant Applications for Funding Considera- tion from the Emergency Management Pre- paredness, and Assistance Trust Fund ( memorandum dated March 7, 1994 ) C. GENERAL SERVICES None 11. DEPARTMENTAL MATTERS (cont'd. ): D. LEISURE SERVICES None E. OFFICE OF MANAGEMENT AND BUDGET None F. PERSONNEL Employee Health Plan Consultant ( memorandum dated March 8, 1994 ) G. PUBLIC WORKS 1. Consultant Services Ranking Kings Highway_ (58th Ave.) Widening (memorandum dated March 7, 1994) 2. Full Time Resident Inspection Services for .I.R. Blvd. Phase IV (memorandum dated March 4, 1994) 3. Florida Association of Stormwater Utilities (FASU ) ( memorandum dated March 3, 1994 ) 4. Request for Grading 100th Court between 83rd St. 8 81st St. in Vero Lake Est. S/D (memorandum dated March 2, 1994) 5. Physical Modeling of the PEP Reef (memorandum dated March 8, 1994) H. UTILITIES Force Main From Grove Isle to Vero Shores ( memorandum dated March 8, 1994 ) 12. COUNTY ATTORNEY None 13. COMMISSIONERS ITEMS A. CHAIRMAN JOHN W. TIPPIN Selection of Occupational License Equity Study Committee Members (continued from 3/8/94 BCC Meeting) B. VICE CHAIRMAN KENNETH R. MACHT C. COMMISSIONER FRAN B. ADAMS MAR 15 1994 BOOK Q� p,111 F �7 J MAR 15 1994BooK 91 F,,UG �2 13. COMMISSIONERS ITEMS (cont'd. ): D. COMMISSIONER RICHARD N. BIRD E. COMMISSIONER CAROLYN K. EGGERT 14. SPECIAL DISTRICTS A. EMERGENCY SERVICES DISTRICT 1. Approval of Minutes - Meeting of 1/25/94 2. Authorization to Submit A Competitive Grant Application for Funding Considera- tion from the Emergency Management Pre- paredness, and Assistance Trust Fund ( memorandum dated March 7, 1994 ) B. SOLID WASTE DISPOSAL DISTRICT 1. Approval of Minutes - Meeting of 2/22/94 2. Reject Bid #4060 / Concrete Slab 6 Ramp (memorandum dated March 2, 1994) 15. ADJOURNMENT ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE AT THIS MEETING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL WILL BE BASED. ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MAY CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 567-8000 X 408 AT LEAST 48 HOURS IN ADVANCE -OF MEETING. Tuesday, March 15, 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, March 15, 1994, at 9:00 o'clock a.m. Present were John W. Tippin, Chairman; Kenneth R. Macht, Vice Chairman; Fran B. Adams; Carolyn K. Eggert; and Richard N. Bird. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and Barbara Bonnah, Deputy Clerk. The Chairman called the meeting to order. Rev. Pete LaBarre, Retired, Trinity Episcopal Church gave the invocation, and Commissioner Macht led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Tippin requested the addition as I on the Consent Agenda of authorization for out-of-state travel for Franchise Coordinator Ana Anderson to attend FCC seminar on current cable TV issues in San Francisco, April 12-14, 1994. Attorney Vitunac requested the addition under Item 7-B of the name of Schell to the list of Releases of Utility Liens. Administrator Chandler requested the addition as Item 11-H-2 of discussion regarding proposed legislation on telephone companies entering cable market without franchises. Attorney Vitunac requested the addition under Item 12 of the scheduling of an appeal hearing for Debbie House. Commissioner Macht requested the addition as Item 13-B of opposition to proposed impact fee legislation. Attorney Vitunac announced that immediately following the adjournment of this meeting, a caucus and an insurance claim meeting would be held in his office. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously added the above items to today's Agenda. 1 L.._ BAR 15 1994 BOOK 9.1 P,1cE 973 800K 91 974 APPROVAL OF MINUTES Chairman Tippin asked if there were any corrections or additions to the Minutes of the Regular Meeting of February 15, 1994 or the Special Meeting of February 23, 1994. There were none. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved the Minutes of the Regular Meeting of 2/15/94 and the Special Meeting of 2/23/94, as written. CONSENT AGENDA A. Received and Placed on File in Office of the Clerk to the Board Report of Convictions - Month of February, 1994 I.R. Farms Water Control District Board of Supervisors Schedule of Regular Meetings B. Release of Utility Liens The Board reviewed the -following memo dated 3/9/94: TO: BOARD OF COUNTY COMMISSIONERS FROM: Lea R. Keller, CLA, County Attorney's Office DATE., March 9, 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. Satisfaction of Impact Fee Extensions: BEUTH PERNA/JOHNSON CHATAM 2. State Road 60 Sewer Project:- HERON roject:- HERON CAY (48 Darby Cay) 3. Breezewood, Little Portion & Sunnydale Acres Project: CHATAM 4. Eighth Street Water Project: HANDLEY 5. Flora Lane Water Project: BISHOP CUSHMAN DIMEO MIHOK ROCKE 2 6. Shady Oaks Water Project: BRADBURY FLOOD RROMHOUT LANE SWARTZ, JR. 7. Phase I Water Project: FARLEY RINEHART SPRAGUE 8.• Phase II Water Project: BAUER CHIN(2) COTTONE DAVIS DUBE GREENE GRIFFIN, SR. HUPPERT JOHNSON, JR. (TR) LANFAIR MAZZOLI PERLMAN RICHARDS RYALL VILLENEUVE WILEY 9. Phase III Water Project: n,. HJALMEBY LYNCH McGOWAN NETTER RAUTIOLA WELLS 10. Pinewood Estates Water Project: KASTENSMIDT MARINO, JR. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved the above -listed releases of liens, as recommended by staff. SAID SATISFACTIONS AND RELEASES ARE ON FILE IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY C. Modification of Dock License Agreement - Country Club Pointe, unit i The Board reviewed the following memo dated 3/4/94: TO: The Board of County Commissioners FROM: ���/ William G. Collins II - Deputy County Attorney DATE: March 4, 1994 SUBJECT: Modification of Dock License Agreement In 1991 the County granted a license to Mr. and Mrs. Frederick M. Droege to allow them to construct a dock for personal recreation use immediately 3 MAR 15 199 aooK i F�, F' 5 r BAR 25 1994 BOOK 91 FfN'E 16 east of their property in Country Club Pointe, Unit 1, across Calcutta Drive on the canal. This was the first of many agreements to allow dock construction off of County right-of-way which were approved. Most of the license • agreements which followed the one entered into with the Droeges provided that the property owner could allow a rental tenant to utilize the dock associated with the Country Club Pointe rental property. The Droeges have been unsuccessful in selling their Orlando home and relocating to the Vero Beach property and, as such, have rented the property. On February 8th of this year I notified them that the tenant could not (and the tenant has not) utilized the dock under the terms of the existing agreement, but that the County had subsequently modified all other license agreements to allow such use. Attached is a modification of the Droeges' license agreement which would allow tenants in their property on Calcutta Drive to utilize their dock. The modification is consistent with the license agreements subsequently entered into by the County and Country Club Pointe residents. RECOMMENDATION: Authorize the Chairman to sign the attached Modification to License Agreement and authorize the County Attorney's staff to record the agreement. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved the Modification to License Agreement and authorized staff to record the agreement. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD D. Schedule Public Hearin - Substantial Deviation Request for Additional Grand Harbor Marina Boat Slips The Board reviewed the following memo dated 3/9/94: TO: James Chandler March 9, 1994 County Administrator DATE: D sion Head Concurrence Robert M. Kira ilftg,, A Community rhavelopmesW Director FROM: Stan Boling AICD Planning Director SUBJECT: Request to Establish Hearing Date to Consider Substantial Deviation Request for Additional Grand Harbor Marina Boatslips It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of March 15, 1994. 4 DESCRIPTION AND CONDITIONS: On February 7, 1994, * GHA, Grand Harbor Ltd. submitted a Substantial Deviation Application for Development Approval to the Treasure Coast Regional Planning Council. The request for a substantial deviation from the adopted development order (D.O.) for the Grand Harbor DRI proposes to add 200 boatslips to the existing Grand Harbor Marina. Currently, the marina contains 144 boatslips. Pursuant to the normal DRI substantial deviation review process, the Treasure Coast Regional Planning Council (TCRPC) has now notified the county that the submitted substantial deviation application is complete and sufficient for review. The county must now notify the planning council as to the date of the hearing at which the substantial deviation request and corresponding D.O. amendment will be considered. Once the county notifies the TCRPC of the county public hearing date, the TCRPC will consider the application and make its recommendation to the county. ANALYSIS: The county is required to publish the hearing date at least 60 days in advance of the actual hearing. The hearing date should allow ample time to receive the planning council's recommendation as well as the recommendation of the Planning .and Zoning Commission. A hearing date set for the May 24', 1994 regular Board of County Commissioners meeting would meet the 60 day state notice requirement and allow ample review time for the regional planning council and the Planning and Zoning Commission. RECOMMENDATION: Staff recommends that the Board of County Commissioners set a time certain public hearing date to consider the Grand Harbor substantial deviation request, for the May 24, 1994 regular Board of County Commissioners meeting. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously scheduled a public hearing for May 24, 1994, as recommended by staff. E. Final Plat ARRroval - Grand Harbor, St. Andrews Island (Pod C) The Board reviewed the following memo dated 3/9/94: 5 600K 91 F,4GF, �77 MAR 1 1994 MAR 15 1994 BOOK 91 Face 978 � TO: James Chandler County Administrator DIV ION HEAD CONCURRENCE: Robert M. Keatinq,, AIGPf Community Developmenirector THROUGH: Stan Boling* Planning Director - FROM: Eric Blad � Staff Plannr, Current Development DATE: March 9, 1994 SUBJECT: Final Plat Approval for St. Andrews Island (Pod "C") of Grand Harbor [PD-94-01-001/IRC #93100058-005] s It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 15, 1994. DESCRIPTION AND CONDITIONS: St. Andrews Island is a 29 lot subdivision within the boundaries of Grand Harbor, a planned residential development (PRD). The 15.26 acre St. Andrews site is located along the Indian River Lagoon Shoreline, midway between the north and south limits of the Grand Harbor PRD boundaries. The subject property is zoned RM -6, Residential Multi -Family (up to 6 units per acre), and has a land use designation of M-1, Medium Density Residential (up to 8 units per acre). The proposed density for the project is 1.90 units per acre. On November 11, 1993, the Planning and Zoning Commission granted preliminary plat approval for St. Andrews Island, which included a contiguous segment of Harbor Drive. A land development permit has been issued for construction of the required subdivision improvements. The final plat request was submitted with the following documents: 1. A plat in conformance with the originally approved preliminary plat; 2. An Engineer's Certified Cost Estimate to complete construction of the Required Subdivision Improvements; 3. A Contract for Construction of Required Subdivision Improvements; 4. A security agreement, acceptable to the County Attorney's Office, to guarantee the submitted Contract for Construction. 6 s � � ANALYSIS: The required subdivision improvements have not been completed by the developer; however, the developer has obtained a land development permit for construction of the subdivision. The developer desires to proceed with recording the subdivision plat and proposes to "bond -out" for construction of required subdivision improvements pursuant to provisions of land development regulations (LDRs) section 913.10. The developer has submitted a Contract for Construction of required subdivision improvements and posted suitable security, approved by the County Attorney's Office, to guarantee the Contract. The contract is to be executed by the developer prior to the March 15th Board meeting date. With these documents, the developer has -complied with the appropriate requirements to obtain final plat approval. RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final plat approval for St. Andrews Island, authorize the Chairman to execute the Contract for Construction, and accept the posted security to guarantee the Contract for Construction. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously granted final plat approval for St. Andrews Island (Pod C), Grand Harbor, and accepted the posted security to guarantee the Contract for Construction, as recommended by staff. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD F. Removal from Affordable Housing Advisory Committee The Board reviewed the following memo dated 3/9/94: MEMORANDUM TO: Board of County Commission FROM: Carolyn K. Eggert, Commissioner Chairman, Affordable Housing Advisory Committee DATE: March 9, 1994 SUBJECT: Removal from Committee I request that Charlie Cox be removed from the Affordable Housing Advisory Committee for incompatibility and for out -of -committee contact with Affordable Housing Advisory Committee Members. 7 LIAR 1 5 199 r LIAR 151994 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously removed Charlie Cox from the Affordable Housing Advisory Committee. G. Annual Financial Report The Board reviewed the following memo dated 3/9/94: TO: The Honorable Members of the Board of County Commissioners DATE: March 9, 1994 SUBJECT: ANNUAL FINANCIAL REPORT FROM: Richard E. Watkins, Finance Director /C��4� Florida Statutes require that each unit of local government submit an Annual Financial Report covering operations during the preceding fiscal year. The Indian River County Annual Financial Report for Fiscal Year 1993 has been prepared, reviewed by the County's external auditors and is ready to be submitted to the Department of Banking and Finance in Tallahassee. The report is due by March 31, 1994. The report is signed by the Chief Financial Officer and the Chairman of the Board of County Commissioners. Respectfully request the Board of County Commissioners authorize the Chairman to sign the County's Fiscal Year 1993 Annual Financial Report. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously authorized the Chairman to sign the Indian River County Fiscal Year 1993 Annual Financial Report. REPORT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8 H. Misc. Budget Amendment 012 The Board reviewed the following memo dated 3/9/94: TO: Members of the Board of County Commissioners DATE: March 9, 1994 SUBJECT: MISCELLANEOUS BUDGET AMENDMENT 012 CONSENT AGENDA FROM: Joseph A. Baird OMB Director DESCRIPTION AND CONDITIONS The attached budget -amendment is to appropriate funding for the following: 1. This entry reallocates expenses back to the libraries so they will be eligible for additional grant funds. 2. At the March 8, 1994 meeting of the Board of County Commissioners the Base Grant Agreement from the Emergency Management Preparedness and Assistance Trust Fund was approved. This entry establishes a budget for the grant. 3. We are increasing the insurance premium revenues to match our insurance expenses. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached budget amendment number 012. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved Miscellaneous Budget Amendment 012, as recommended by OMB Director Joe Baird. 0 MAR 15 iqw, Boor ��. + E ��� MAR 5 199A. BOOK, 91 P'{ "E 982 TO: Members of the Board BUDGET AMENDMENT: 012 ' of County Commissioners FROM: Joseph A. Baird --' DATE: March 9. 1994 OMB Director Entry Number Funds/Department/Account Name Account Number Increase Decrease 1. REVENUE Interdepartmental Charges GENERAL FUND $7,425 $0 Interdepairtmental Charges -B & G 001-000-369-051.00 $143,585 $0 GENERAL FUND EXPENSES Emergency Base Grant 001-000-342-042.00 $70,424 $0 Main Library EXPENSES Interdepartmental Charges 001-109-57I-036.99 $77,750 $0 Regular Salaries 001-238-525-011.12 N. County Library $0 Social Security 001-238-525-012.11 $1,705 Interdepartmental Charges 001-112-571-036.99 SSR Al cn 10 � � r Law Library Interdepartmental Charges 001-119-516-036.99 $7,425 $0 2. REVENUE GENERAL FUND Emergency Base Grant 001-000-342-042.00 $70,424 $0 EXPENSES Regular Salaries 001-238-525-011.12 $27,500 $0 Social Security 001-238-525-012.11 $1,705 $0 Retirement 001-238-525-012.12 $4,880 $0 Insurance -Health and Life 001-238-525-012.13 $2,520 $0 Worker's Compensation 001-238-525-012.14 $132 $0 Medicare Matching 001-238-525-012.17 $398 $0 Vehicle Allowance 001-238-525-034.01 $3,300 $0 Other Operating 001-238-525-035.29 $1,200 $0 Other Charges -Obligation 001-238-525-039.99 $6,289 $0 Other Furniture and Equipment 001-238-515-066.41 $22,500 $0 3. REVENUE SELF INSURANCE FUND Insurance Charges 502-000-395-020.00 $350,000 $0 EXPENSE Other Insurance 502-246-513-03459 $350,000 $0 10 � � r I. Approval of Out -of -State Travel for Franchise Coordinator DATE: March 14, 1994 , TO: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS THRU: REN MACHT z COUNTY COMMI S OLR FROM: TERRYDIRECTOR OF U ILRVICES SUBJECT: FRANCHISE BUDGET Per the request of Commissioner Macht, we suggest that our Franchise Coordinator, Ana Anderson, attend the upcoming FCC seminar regarding current cable issues and upcoming changes to the Cable Act of 1992. At the time our Department's Budget was compiled, the FCC had not scheduled any training seminars. Therefore, no funds were budgeted for this expense. We request authorization for funding of this expense. Thank you. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved out-of-state travel for Ana Anderson, Franchise Coordinator, to attend FCC seminar on current cable TV issues in San Francisco on April 14-16, 1994. REQUEST FROM SHERIFF TO USE FEDERAL PRISONER PROGRAM FUNDS The Board reviewed the following letter dated 3/1/94: �l1eriff 4055 41 at AVENUE March 1, 1994 Administrator Attorney Per..onnal Pullin. Warms 3ARY C. WHEELER - INDIAN RR&tWnM ' "1 ------ AEMBER FLORIDA SHERIFFS ASSOCIATION utilities MEMBER OF NATIONAL SHERIFFS ASSOCIATION Finance ��- VERO BEACH, FLORIDA 32860-1808 MMR 1994 _ The Honorable John W. Tippin, Chairman Board of County Commissioners v . RECEIVED 1840 25th Street s WARD COU Vero Beach, Florida 32960 ca C0µNI1SS1014ERS Dear Chairman Tippin: Emeit-. 8i Risk Mgt. (Mar _.-. During the preparation of our 1993-94 budget, this Office represented to the Board of County Commissioners our hope that we could raise revenues of $202,955 for the Board MAR 151994 BOOK 91 FnE 97J � r MAR 15 1994 BOOK 91 PAE 9.84 from federal prisoner reimbursements during the fiscal year. We charge the United States Marshal's Service on a per day per prisoner basis and have been absorbing the expense for those prisoners in our . budget. By affording excellent service to, and - fostering a closer working relationship with the U. S. Marshal's Service, our income from our federal prisoner program has been excellent. I am pleased to report that we have earned $150,000 to February 28, 1994 this fiscal year. To date, the general fund administered by the Board of County Commissioners has been the benefactor of those funds. We expect to meet our forecasted obligations in earnings in April 1994. As you are aware, last summer this office made an emergency purchase of patrol cars through a lease purchase program to shore up the dangerously dilapidated fleet we Inherited. At this point, we will be budgeting a lease purchase payment in next fiscal year's budget. In your budget workshop last week, Commissioners encouraged all County entities to employ reasonable restraint in preparing the 1994-95 budgets. Since we will exceed our federal prisoner program payments to the county, I am requesting that I be allowed to use the remaining federal funds I receive, after we have met the target forecast this fiscal year, for a lease purchase payment before the public budget workshop In September. With that payment, I will make an appropriate reduction in my 1994-95 budget request. We have gone to extraordinary measures to generate this income and I believe using some of those funds to offset our expense is appropriate. Like you, I am concerned about the 1994-95 budget year and believe this request will assist this Office in our budget in the new fiscal year. Accordingly, I am requesting this matter be placed on your agenda March 15, 1994. Sincerely, Ga C. Wheeler, Sheriff GCW:rw Sheriff Gary Wheeler reported that it looks like we will be receiving $400,000 in revenues for this year rather than the $200,000 that was anticipated. He requested that the Sheriff's Department be allowed to use some of this revenue to make advance payments on the lease/purchase contract for new cars in order to save money in interest, retire the debt sooner and save ad valorem tax money in 1994-95. He talked to OMB Director Joe Baird about splitting these funds 50/50, where the County would receive the first $200,000 that was anticipated and budgeted and the Sheriff's Department would receive the second $200,000. Sheriff Wheeler emphasized the aggressive efforts made by his department to get more federal prisoners, noting that when the program was started we were having difficulty getting 10 or 11 a month and yesterday we had 38. We have gone from revenues of $25,000 in October to over $46,000 a month in February and March. Director Baird admitted he probably hadn't expressed himself well when he was discussing this with Sheriff Wheeler, but he had been thinking that the County would receive the first $200,000 plus 50 percent of anything over $200,000. Administrator Chandler advised that we estimated $200,000 in revenues from the federal prisoner program for the 1993-94 year. 12 We are trying to be somewhat conservative because right after the budget was adopted last year we came up short in revenue projected from the tax rolls due to significant adjustments made by the Value Adjustment Board. He felt that the 50/50 split would be okay if we receive the $400,000 that Sheriff Wheeler anticipates. Commissioner Eggert asked if any of this money would be needed for the wage -an -hour suit, and Sheriff Wheeler explained that it is not really a suit at this time. We are doing a self audit on wages per hour and it would be difficult to estimate the costs involved at this point. There definitely will be some cost, however. Commissioner Adams understood that we have 4 annual payments of $137,000 under the lease/purchase contract, and Sheriff Wheeler explained that every year we will be budgeting for the purchase of new cars. Ideally, a car lasts 5 years, so we need to budget about 20 percent of our fleet each year so that we don't get hit with buying 50-60 cars in one year. MOTION WAS MADE by Commissioner Bird, SECONDED by Commissioner Eggert, that the Board stipulate that for just this year the first $200,000 in federal prisoner revenues goes to the County and the second $200,000 goes to the Sheriff with a 50/50 split of anything over $400,000. Under discussion, Commissioner Adams brought up the matter of whether or not there is a penalty clause for early payment of the lease debt, and Sheriff Wheeler stated that if the money cannot be used to pay off debt, it will be returned to the County. Commissioner Macht felt we need more information on the long- term budgetary effect of a 50/50 split of revenues, but Chairman Tippin explained that the 50/50 split is just for this year. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. 13 2 MAR 15 1994 BOOK 91 uu. 985 MAR 15 199. sooK 91 FA;r �S INTERLOCAL AGREEMENT FOR USE OF ST. LUCIE COUNTY SHERIFF'S DEPT. AIR AMBULANCE (HELICOPTER) The Board reviewed the following memo dated 3/1/94: TO: Honorable Board of County Commissioners THROUGH: James Chandler County Admin ist for FROM: Doug Wright Director Emergency Services DATE: March 1, 1994 SUBJECT: Approval of Interlocal Agreement for Use of St. Lucie County Sheriff's Department Air Ambulance (Helicopter) It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next regular scheduled meeting. DESCRIPTION AND CONDITIONS On September 10, 1991, and December 8, 1992, The Board of County Commissioners approved an Interlocal Agreement with the St. Lucie County Sheriff's Department for the cooperative use of their Bell Long Ranger helicopter for emergency services purposes. The agreement is now before the Board for consideration and reauthorization for this fiscal year. The helicopter has been certified as an air ambulance by the Florida Department of Health and Rehabilitative Services and is currently being used in the EMS program in St. Lucie County. St. Lucie County Sheriff Robert Knowles continues to offer its services to Indian River County without charge in situations where immediate trauma care and rapid transportation to a medical facility is necessary. ALTERNATIVES AND ANALYSIS " This agreement provides for the availability of rapid transport of trauma patients from rural areas of Indian River County. It will be especially helpful for multiple casualty incidents that occur in the Turnpike area where vehicle accidents occur frequently and usually involve more than one vehicle and multiple patients. Staff also has a concern that given the condition of State Road 60 west of Vero Beach, incidents will increase in this very rural area. The helicopter availability for EMS patients will be invaluable in these type situations and will decrease the transport time required for trauma patients to a medical facility enhancing our life saving efforts. RECOMMENDATION Staff recommends Board approval requests the Board authorize the agreement. 14 of the Interlocal Agreement and Chairman to execute the attached � � r ON MOTION by Commissioner Macht, SECONDED by Commissioner Eggert, the Board unanimously approved the Interlocal Agreement for use of St. Lucie County Sheriff's Dept. air ambulance (helicopter), as recommended by staff. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD GRANT APPLICATIONS - EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE TRUST FUND The Board reviewed the following memo dated 3/7/94: TO: Honorable Board of County Commissioners TBROUGB: Jim Chandler_,_Cunty Administrator FROM: Doug Wright, Director Emergency Services DATE: March 7, 1994 SUBJECT: Authorization to Submit Three Competitive Grant Applications For Funding Consideration from the Emergency Management, Preparedness and Assistance Trust Fund It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next regular scheduled meeting. DESCRIPTION AND CONDITIONS Legislation was passed in the 1993 Session which enacted major changes to Chapter 252, Florida Statutes, which relates to emergency management. The legislation created the Emergency Management, Preparedness and Assistance Trust Fund which provides for non- matching Base Grants, matching Competitive Grants, and loans to state or regional agencies, local governments, and private organizations to implement projects that will further state and local emergency management objectives pursuant to Rule Chapter 9G-18, Florida Administrative Code. On March 8, 1994, the Board of County Commissioners approved a non- matching Base Grant allocation of $70,424 and the proposed expenditures for the grant funds. Administrative Rule 9G-18 establishes a maximum of $50,000 that can be awarded for any one project from the Competitive Grants program. Staff is now seeking authorization to submit Competitive Grant applications for three projects which will further state and local emergency management objectives. The cutoff day for the State accepting grant applications is March 18, 1994. The grant applications and source of matching funds are as follows: 15 MAR 15 1994 BOOK 91 FAGS 9007 r-MAR15 1994 PROJECT DESCRIPTION Purchase 800 MHz Radio equipment for Emergency Management and Emergency Operations Center Emergency Management and Emergency Operations Center renovations and equipment Computer registration hardware/software for Special Needs Shelter EXPENDITURE $89,876 (44,938/44,938) $110,000 (50,000/60,000) $24,000 (12,000/12,000) BOOK 91 F-AUF.9-88-7 FUNDING SOURCE Optional One Cent Sales Tax, if Board approves county wide 800MHz system Optional One Cent. Sales Tax, if Board approves funding for renovations proposed by management staff Funding from the Emergency Manage- ment budget/Base Grant Staff understands the two projects which are dependent upon the Optional One Cent Sales Tax revenue is proposed only at this point. If the grant applications are favorably considered by the Review Committee in Tallahassee and matching funds are not available from the county, the Competitive Grant funds will be returned to the state. ALTERNATIVES AND ANALYSIS The position was taken by staff that any potential source of funding should be explored to help assist in the three projects identified above. Although two of the proposed projects have been identified for partial funding from the optional one cent sales tax program, the grant funds would help with the purchase of communications equipment as well as renovations to the Emergency Management Division and the Emergency Operations Center. RECOMMENDATION Staff recommends the Board approve submission of the three grant applications as noted and authorize the Chairman to execute the necessary documents as required to receive the grant funds for the expenditures stated in the grant applications. Commissioner Adams felt that it would be a waste of the State's time to review grant applications on projects #1 and #2 before they have received approval from the County Commission. She wasn't excited about the first 2 items because it makes it seem that we are being frivolous in our request for grant funds. Commissioner Eggert noted that the first two projects are up for approval at the April 6 workshop on the use of the optional 1 - cent sales tax revenues, but Emergency Services Director Doug Wright interjected that the application deadline is March 18. It will be 60 days before we hear whether we are to receive any grant funds, and if approval is not given to use the 1 -cent tax on the first two items, we could pull the applications at that time. - 16 � _ r Administrator Chandler advised that we made it clear on the applications that it is contingent upon approval of funding sources. These projects were presented at the February 23 workshop for consideration of 1 -cent sales tax projects for the second five years. Approximately $400,000 has not been funded for the 800 MHz project and we are looking at the 1 -cent sales tax as an alternative funding source. Director Wright explained that money has been identified for the Emergency Office Center renovations, and staff felt we could offset some of that cost through a grant. If it is $60, 000 and the Board approves the project, and -if we get a grant for $50,000, there is perspective that we could have a 30/30 match for the $60,000. MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Bird, that the Board approve the submission of the applications with the under- standing that the practice of applying for grants on contingency of approval of projects is not unique. Under discussion, Commissioner Adams was opposed to submitting the applications because she felt it would make it appear that we have predisposed the 1 -cent sales tax funds to the Emergency Services projects. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion carried by a 4-1 vote, Commissioner Adams dissenting. 17 BOOK MAR 15 1994 r MAR 15 1994 'F BOOK 91 Fb .n PAGE EMPLOYEE HEALTH PLAN CONSULTANT The Board reviewed the following memo dated 3/8/94: ................................................................. To: James Chandler Date: March 8, 1994 County Administrator From: Jack Price, Personnel Sub: Employee Health Plan Consultant On January 4, 1994 the Board of County Commissioners approved a contract with Siver Insurance Management Consultants who will assist in reviewing and remarketing the health care program. In reviewing their analysis, the Employee Health Plan Committee has determined that two alternative plan elements should be explored, optional Long Term Disability and supplemental Life Insurance. The cost of this additional work is $2,000, which is within the amount originally budgeted for the task. Significantly, if a pre- tax element is provided as the committee has recommended, the County will save well over double this amount in matched taxes. Thanks for your assistance. Personnel Director Jack Price explained that the two elements would not add to the County's costs because they would be optional to the employees as a payroll deduction. In response to Commissioner Eggert's request, Director Price reviewed the scope of work by Siver Insurance Management Consultants. He noted that Siver is aware of the latest trends in government and the private sector, have contacts in underwriting firms, and serve as our knowledgeable representatives in dealing with the provider community. They negotiated the preferred provider contract with Doctors' Clinic. Administrator Chandler advised that Siver helps us put out the request for proposals when we bid out the health insurance every two years, and Director Price emphasized that managed care is the overriding concept in cost savings. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously approved $2,000 for the additional work by Siver Insurance Management Consultants. 18 CONSULTANT SERVICES RANKING - RINGS HIGHWAY (58TH AVE.) WIDENING The Board reviewed the following memo dated 3/7/94: TO: James E. Chandler, County Administrator THROUGH: James W. Davis, P. 9.4=P, Public Works Director FROM: Terry B. Thompson, P.E. Capital Projects Manager SUBJECT: Consultant Services Ranking Rings Highway (58th Avenue) Widening DATE: March 7, 1994 FILE: 58thRank.agn DESCRIPTION AND CONDITIONS Indian River County solicited Proposals from interested consultants to provide professional engineering and land surveying services for improvements to Rings Highway (58th Avenue) from SR 60 to Oslo Road. A general description of the scope of work includes but is not limited to the following: The engineering design for the construction of a four -lane divided roadway section from SR 60 to 12th Street; construction of two-lane section from 12th Street to Oslo Road including left turn lanes at major intersecting roadways; replacement of six side street bridges on the east side of 58th Avenue; construction of five lane bridge over the Main Canal near Lundberg Road; construction of detention ponds; and modifications to adjacent groves. Notices were mailed to forty-four (44) consulting firms, twenty-two (22) of the firms requested a detailed scope of work and instructions for submitting proposals. Eight (8) proposals were received and reviewed by the selection committee. The selection committee consisting of James Davis, Don Donaldson, Dave Cox and Terry Thompson, short-listed three firms and interviewed the short listed firms. The resultant ranking of firms by the selection committee is as follows: 1. Kimley-Horn and Associates, Inc./H. F. Lenz Company 2. Regional Engineers, Planners and Surveyors, Inc. 3. Post, Buckley, Schuh and Jernigan, Inc. RECOMMENDATIONS AND FUNDING The committee recommends that staff be authorized to negotiate a contract with the highest ranked firm. If staff is unable to negotiate a satisfactory contract with the first ranked consultant, County staff will terminate negotiations with the first ranked consultant and undertake negotiations with the second ranked consultant and so forth until a satisfactory contract is agreed upon. Funding is from Account #101-158-541-067.48. 19 BOOK P E - AR 15 1994 J r MAR 15 1994 BOOK 91 F-K)F 9,92 Public Works Director Jim Davis anticipated the completion of Phase V of the Boulevard by the end of April. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously authorized negotiations beginning with the first ranked consultant, Kimley-Horn and Associates, Inc./H.F. Lenz Company. FULL-TIME RESIDENT INSPECTION SERVICES FOR I.R. BLVD. - PHASE IV The Board reviewed the following memo dated 3/4/94: TO: James B. Chandler, County Administrator THROUGH: James W. Davis, P.B., Public Works Directo FROM: Terry B. Thompson, P.B. Capital Projects Manager SUBJECT: Full Time Resident Inspection Services for Indian River Boulevard Phase IV - REF, DEMO: Tom Bisaillon to Terry Thompson dated March 2, 1994 DATE: March 4, 1994 FILE: inspect.agn DESCRIPTION AND CONDITIONS On August 18, 1992, the Board approved contracting with Manpower Temporary Services for an inspector to provide construction inspection services on Indian River Boulevard Phase IV. The total amount approved for 18 months of inspection services was $70,800 ($60,000 salary + $10,800 or 18%. administrative fee). Manpower pays the inspector every two weeks and bills the County. The inspector is employed wholly by Manpower and they take care of all social security, worker's compensation, unemployment taxes, etc. As of the bi-weekly pay period ending February 13, 1994, a total of $64,432.04 has been paid to Manpower Temporary Services. Construction of Indian River Boulevard Phase IV is scheduled to be complete in May 1994. An extension of inspection services of approximately six months beyond the original estimated period of 18 months is now required. The "notice -to -proceed" for construction of Indian River Boulevard Phase IV was issued on April 26, 1993. From July 20, 1992 to April- 26, 1993 the- inspector worked on an as needed basis to coordinate the relocation of trees in the Boulevard right-of-way, follow up on Phase III punch list items and to work with grove owners on determining what modifications would have to be made to adjacent groves. 20 The Personnel Department has contacted Manpower Temporary Services and they have agreed to extend the inspector's employment through June 5, 1994 at the same bi-weekly rate of $1,920.00 (includes 18% administrative fee). The cost of extending the inspectors employment until construction is complete and the punch list is satisfied is estimated to be $9,000. If this additional amount is approved, the total cost to the County for inspection services on Indian River Boulevard Phase IV will be approximately $79,800. Contracting through an employment agency for an inspector has resulted in a substantial savings to the County. Contracting through a consulting firm for a full time resident inspection services on Indian River Boulevard Phase III for a one year period cost the County $135,060 ($99,840 wages, $6,000 vehicle, $26,820 management and support, and $2,400 office supplies). ALTERNATIVES AND ANALYSIS Alternative No. 1 Extend the contract with Manpower Temporary Services at a cost of $9,000. Alternative No. 2 Seek additional proposals from other employment agencies. RECOMMENDATIONS AND FUNDING Staff recommends Alternative #1 whereby the contract with Manpower Temporary Services is extended. Funding is from 309-215-541-066.51, Indian River Boulevard Phase IV. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously approved Alternative #1 to extend the contract with Manpower Temporary Services, as recommended by staff. EXTENSION TO CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD FLORIDA ASSOCIATION OF STORMWATER UTILITIES (FASU) The Board reviewed the following memo dated 3/3/94: 21 BOOK F 993 MAR 15 1994 r MAP 15 1994 BOOK 91 PAGE .9-94 TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E. Public Works Directo ZT1 SUBJECT: Florida Association of Stormwater Utilities (FASU) REF. LETTER: Kurt Spitzer, KSA, to FASU Coordinating Committee DATE: March 3, 1994 FILE: FMU.A= DESCRIPTION AND CONDITIONS The Florida Association of Counties NPDES Stormwater Technical Committee has requested that I participate in a coordinating committee to organize a new local government association whose purpose is to exercise initiative and leadership in dealing with stormwater problems, mandates, and policies. Many Florida cities and counties are being strongly encouraged by the Florida DEP, DCA, and USEPA to implement stormwater utility programs. Indian River County was, in some respects, a pioneer of this concept back in 1983 when the Public Works Department recommended establishing the Vero Lake Estates MSTU for development of a Stormwater Master Plan and funding source for drainage improvements. To date, 45 cities and 9 counties have established stormwater utilities in Florida. There are approximately 250 additional cities and counties in Florida considering establishing a stormwater utility, including Indian River County and the City of Vero Beach. ALTERNATIVES AND ANALYSIS The proposed annual dues for Indian River County to join the FASU will be $250. If and when the county establishes a Stormwater Utility, the fee would increase to include a $.25 per capita charge. The Association will be a strong lobbying force to communicate the interests of local governments. RECOMMENDATIONS AND FUNDING At this time, staff requests authorization for the Public Works Director to be a member of the FASU Coordinating Committee. When the formal association becomes an official body, staff will budget the $250/year annual dues. ON MOTION by Commissioner Adams, SECONDED by Commissioner Eggert, the Board unanimously authorized the Public Works Director to be a member of the FASU Coordinating Committee, as set out in the above staff recommendation. 22 REQUEST FOR GRADING 100TH COURT — VERO LAKE ESTATES The Board reviewed the following memo dated 3/2/94: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E. Public Works Director SUBJECT: Request for Grading 100th Court between 83rd Street and 81St Street in Vero Lake Estates Subdivision REF. LETTER: Matthew Achin to "Whom It May Concern" received Jan 13, 1994 DATE: March 2, 1994 FILE: iooMA= DESCRIPTION AND CONDITIONS During the regular May 15, 1991 meeting of the Board of County Commissioners, staff recommended that the County assume grading of approximately 13 miles of additional unpaved roads in the Vero Lake Estates Subdivision. Various roads have been added since that time with the approval of the Board. At this time, various property owners along 100th Court between 81st Street and 83rd Street have requested that the County grade 100th Court in Vero -Lake Estates Subdivision. ALTERNATIVES AND ANALYSIS Staff has reviewed these requests and performed the standard numerical evaluation of criteria for acceptance of grading unimproved roads. Staff usually recommends that a minimum of 75 points be assigned to justify grading. In this case, a minimum of 85 points was assigned. RECOMMENDATIONS AND FUNDING - Since the minimum of 85 points was met, staff recommends the addition of _ 100th Court between 81st Street and 83rd Street be added to the grading route in Vero Lake Estates. ON MOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board unanimously approved the addition of 100th Court between 81st and 83rd Streets to the grading route in Vero Lake Estates, as recommended by staff. 23 BAR 1994 BCox 91 F'�GE995 BOOK 91 `A ,F 996 CONTRACT WITH U. OF F. FOR PHYSICAL MODELING OF P.E.P. REEF The Board reviewed the following memo dated 3/8/94: TO: James E. Chandler, County Administrator THROUGH: James W. Davis, P.E. Public Works Directo , FROM: Don G. Donaldson, P.E., Coastal Engineer SUBJECT: Physical Modeling of the PEP Reef DATE: March 8, 1994 FILE: esr.A= DESCRIPTION AND CONDITIONS Staff has negotiated terms of an agreement with the University of Florida for physical model testing of the PEP Reef. On February 1, •1994, the Board authorized staff to negotiate the terms of an amendment to American Coastal's Contract for the computer modeling of the PEP Reef. The authorized additional costs cannot exceed $25,000.. Since that time, the University of Florida has published a first six months results on the performance of the PEP Reef installation in the Town of Palm Beach, Florida. This report identified a potential impact resulting from the reef's influence on the nearshore currents. Staff has consulted with DEP, University of Florida, and American Coastal Engineering regarding this phenomena and feel a numerical model will not adequately address this potential problem. The University of Florida presented a proposal to model the PEP Reef at their facilities. The Board was made aware of this proposal on Feb. 22, 1994 and authorized staff to negotiate a contract with the University of Florida. The attached agreement outlines the specific services to be provided. Compensation will be a lump sum in the amount of $10,000. RECOMMENDATIONS AND FUNDING Staff recommends approval of the contract between Indian River County and the University of Florida. Funding is from the Tourist Tax Revenue Fund. In response to Commissioner MachtIs question, Commissioner. Adams stated she was very happy with the price for the modeling. She emphasized that any recommendations to be made as a result of the findings of the physical modeling will be brought to the Board of County Commissioners. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Macht, the Board unanimously approved the contract with the University of Florida for the physical modeling of the P.E.P. Reef, as out set in staff's recommendation. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 24 FORCE MAIN FROM GROVE ISLE TO VERO SHORES - WORK AUTH. NO. 21 The Board reviewed the following memo dated 3/3/94: DATE: MARCH 8, 1994 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO DIRECTOR OF UTILIT VICES PREPARED ROBERT O. WISEMEN, .E.n. AND STAFFED ENVIRONMENTAL ENGINEER BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: FORCE MAIN FROM GROVE ISLE TO VERO SHORES WORK AUTHORIZATION NO. 21 INDIAN RIVER COUNTY BID NO. 4007 BACKGROUND On September 21, 1993, the Indian River County -Board of County Commissioners approved the award of the labor contract bid to Driveways, Inc., Bid No. 4007 (see attached minutes). The Department of Utility Services proposes to use this labor contract to construct the aforementioned force main. On December 7, 1993, the Indian River County Board of County Commissioners authorized the design and preliminary estimated cost for the project. The design of the force main and lift station is complete and all permits have been obtained and filed. The building of the lift station will be proposed to the Indian River County Board of County Commissioners as a separate agenda item. ANALYSIS . This construction project consists of approximately 4,500 linear feet of P.V.C. force main with all appurtenances from the south end of Grove Isle Subdivision to Vero Shores at east side of U.S. Highway #1. The labor cost to construct the force main under the labor contract, including the required bonds, is $42,076.99 (see attached Work Authorization No. 21 with Driveways, Inc.). The pipe and fittings will be supplied by the County, purchased from Davis Meter and Supply Company under its material bid except for pipe force main with tar epoxy lining at a projected cost of $60,794.02 (See attached Bid). Funding for this project will be from the impact fee fund. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners execute the attached agreement, which approves Work Authorization No. 21 to construct the subject project with Driveways, Inc., for the amount of $42,076.99, to construct an estimated 4,500 linear feet of force main and to authorize expenditure of $60,794.02 for materials. 25 CMAR 15 1994BOOK 91 F,v 99 r_ _ ROOK MAR 15 1994 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved Work Auth. No. 21 with Driveways, Inc. in the amount of $42,076.99, as set out in staff's recommendation. WORK AUTH. NO. 21 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD TELEPHONE COMPANIES ENTERING CABLE MARKET The Board reviewed the following memo dated 3/14/94: DATE: March 14, 1994 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: TERRANCE G. PI DIRECTOR OF UTILITY ERVICES PREPARED ANA AND O AND STAFFED FRANCHI COORDINATOR BY: SUBJECT: TELCOS ENTERING CABLE MARKET BACKGROUND 91 F',UF 9g On March 10, 1994, our department received the attached fax. Congress is currently considering allowing telephone companies to enter the cable market without a franchise. The Clinton administration supports this amendment. ANALYSIS We do not recommend the telephone companies use the County Right - of -Ways, easements and roads without any return of revenue to the County. Therefore, we feel it is important that some form of franchise be required for the telephone companies that provide cable service. We feel that telcos should pay fees as do cable operators. RECOMMENDATION The staff of the Department of Utility Services requests your approval to support NATOA in this issue and to act promptly to provide our input to the congressional process. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Macht, the Board unanimously authorized the support of the National Association of Tele- communications Officers and Advisors (NATOA) in their opposition to allowing telephone companies to enter the cable market without a franchise. - 26 RESCHEDULING OF EMPLOYEE TERMINATION APPEAL Deputy County Attorney William G. Collins II advised that Attorney Robert Stone has suggested some alternative dates for the rescheduling of the Debbie House appeal, one of which is March 31. Chairman Tippin noted that we have scheduled this hearing twice now and Attorney Stone has declined. He felt it was time for Attorney Stone to get his priorities together. ON MOTION by Commissioner Bird, SECONDED by Commissioner Adams, the Board unanimously rescheduled the Debbie House termination appeal for Thursday, March 31, 1994 at 9:00 a.m. in Commission Chambers. SELECTION OF MEMBERS - OCCUPATIONAL LICENSE EQUITY STUDY COMMITTEE -Continued from Meeting of 3LS194 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously appointed Tom Lowe of Rock City Nursery (RB) and Nancy FF` Fletcher (FA) to the Occupational License Equity Study Committee, a total of four appointments made to date and one remaining. OPPOSITION TO PROPOSED IMPACT FEE LEGISLATION The Board reviewed the following FACo alert concerning proposed impact fee legislation. s FROMa DATES CIDnirnis;licm-rs Adminiatralwr ® FLORgSSOCfAT!/��rY P.O. Sor $99!T511ahasseo; F144dn 32302 140 � i � 1'hner•r !ua/??J.JfJ� FA.1t 94>;.rta3ati'J i i,t r � YSr�st•?�z US11: PUTRIBDTE TO "M APPRUrld<1ATE POLRONS Mfi% JJIA13 LT11L1 lQg jr County Cummi..'Wanets i:istm-mc. "'�•-•-•-- •�- County Administrators 0AdS Cuunty Lobbyists EMIDIU. say.•� «:....,.. " Rani IIebranit, Director of Governmental Ytelations Hish Met. Marsh 11, 1994 Oiiler RE: Impact reels BILL A HB 1137 by. Rep. Buddy Johnson ACTIONt CONTACT 1►UM MS OF HOUSE COA�M411MYTY AFFAUt3 ANI) URGE THEM TO JUMSE IIB 1137 RELATINC: TO DfrACT Fes. 27 MAR 1 1994800K �� / MAR 15 1004 MEMBF. s,S Rcp. Ron Saunders, Citair.904/488-!1765 : Rep. Mike Abrauns, 904/488 1(128 Rep. Stan Saintm 9041488-0348 Yep. Matvin Couch, 904/4$8-04A8 Rep. Lod Ed%ards, 9041488-2721 !tap. Steven Geller, 904148,8.0145 Rep. James Rerrigan, 904/488-1170 Rap. Willie T,ngan, 904/488-0166 Rep. 7u13c McClure. 904/488.41)86 Rep. Mark Ogles, 904/488.6341 Rcp. Alio R,eddick, 904/488-0760 NO. Dean Saunders, 904/488-9890 Rep. 13ob Starks, YW/488-5843 Rap, peter, watlace, 904/488 5710 BOOK Rep. Har tyy Goode, V- 'hair. 4.%1488-2525 Rep. Jun Arnall, 704/488-0001 Rep. Lee C.onatantb`e 9041488-2231 Rep. Willye T)cnnts, 604/488-7417 Rnp. Tim Fuller, 904/488-4171 Rep, Ed 11en;cy, 9n4/488-0175 Rep. Carl Littlefield. 904/488-5744 Rep. Elvin Martinez, 914/488-9460 Rcp. Philip Mishkin, 904/488.5522 --Rcp. Ken yruntt, y*4/4.88 9749 Rep. Burley Rudd, 904/01$14065 Rep. Kelley Sttuth, 904/4RA-0665 Rep. Jack Tobin. 904/488-3164 MCKGIROUNDt Hs 1137 limits the application of impact fees to "public facilities" in a way that mould seriously ,juuparclize county authority to impose Lttpavg funs for schools, libraries, fire prollactiun, enwr *atnoy medical smices, jails, and law enfuze4ment. Since these items are Dot typically iden ed in the capital improvement ele1nards of local comprehensive plans, they could no longer be equitably funded by impact fam. Limiting impact fee authoritywould coa� counter too principle old be borne by rowth a isting resideits own nts and would send a message • (through increased property maxeq) rather than new develolinaent. Local oumprabannsive plans would be undermined by linnilinng ccwnry government flexibility in using impact fees 63 a revenue source. ylacing restrtetinna and conditions on the use of impact few represents a retreat on funding gruw•th manigernmt, an already underfunded pn%Twn. Any codification of ltupract fee eawlnw 13 inherently a restriction un that hnme nolo powers of counties and can only lend to new told costly rounds of litiWatiun at taxpayer expense. Florida courts have uuuaistently upheld local governments' home rula authority to impose impact fees and leave provided strict gnldelincs on the amount of fees and the other requirements. which must be met fur an impact flee; to be lawful. T,ocal governinents bAy—e-nd been presented with a Catalog of Abuses or recurring problem In gdministerids impact Kea urdlnanex-a to warrant slate intei-verAlou. HISTORY., H8 1137 }rased the 110130 Community Affairs Urowth Management subcommittee and is eapm;wl to be heard In the full House Community AEWIS Commutes on Tuesday, Mach 15. FLEA56 HELP US KILL TRIS BILL! JMI{y 4 lNO�nNN w am YOUNG cnmur lhaa n6 =fur 'NI: r�Ifpt A001M IgDV11a Mai 1 l9IN AWWr PAIV PIPIMPAff EAECUTNdOAtfl.RfA M Va" Vlt: I FCl1A7fNr tA� I ;UstwwT PAWMNr MITtYCt6m" rutAtoiA Neo WA ►SIM ILICN !7:{Vita ON MOTION by Commissioner Macht, SECONDED by Commissioner Adams, the Board unanimously authorized staff to advise appropriate representatives (approx. 27) that Indian River County opposes House Bill 1137 and request that the Commissioners' votes be presented as 5 votes rather than one vote as the Board of County Commissioners. -7 91 1,16E 1000 EMERGENCY SERVICES DISTRICT MEETING Chairman Tippin announced that immediately upon adjournment, the Board would reconvene sitting as the Board of Commissioners of the Emergency Services District. separately. 28 Those Minutes are being prepared SOLID WASTE DISPOSAL DISTRICT MEETING Chairman Tippin announced that immediately following adjournment of the Emergency Services District, the Board would convene as the Board of Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared separately. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 9:44 a.m. ATTEST: Barton, Clerk Him; 29 John W. Tippir , V 6hairman BOOK 91 `AGE 1001