HomeMy WebLinkAbout3/7/1995IMMINUrTES A 'rTACHED
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
A G E N D A
Minutes are uosocroved Minutes of
REGULAR MEETING BCC Meeting of March 7, 1995.
After approval by the BCC they
will become the official record.
TUESDAY, MARCH 7, 1995
9:00 A.M. - COUNTY COMMISSION CHAMBER
COUNTY ADMINISTRATION BUILDING
1840 25TH STREET
VERO BEACH, FLORIDA
COUNTY COMMISSIONERS
Kenneth R. Macht, Chairman .(Dist. 3)
Fran B. Adams, Vice Chairman ( Dist. 1)
Richard N. Bird (Dist. 5)
Carolyn K. Eggert ( Dist. 2 )
John W. Tippin (Dist. 4)
James E. Chandler, County Administrator
Charles P. Vitunac, County Attorney
Jeffrey K. Barton, Clerk to the Board
9:00 A.M. 1. CALL TO ORDER PAGE
2. INVOCATION - Rev. Pete LaBarre, Retired
3. PLEDGE OF ALLEGIANCE - Comm. John W. Tippin
4. ADDITIONS TO THE AGENDA/ EMERGENCY ITEMS
Added
11-A-1
CDBG
Added
13-A-1
State
Prisoners and County Jails
Added
13-A-2
NATOA
Conference
Added
13-A-3
Impact
Fees
Added
13-A-4
Legal
Advertising
S. PROCLAMATION AND PRESENTATIONS
None
6. APPROVAL OF MINUTES
Regular Meeting of February 7, 1995
7. CONSENT AGENDA
A. Received 5 Placed on File In Office of Clerk
to the Board:
- Delta Farms Water Control District - State
of Fla. Annual Local Govn't. Financial Report,
Fiscal Year Ending 9/30/94
- Vero Lakes Water Control District - General
Purpose Financial Statement, Sept. 30, 1994
B. C & S Development Corp.'s Request for Final
Plat Approval for Rosewind S/D
( memorandum dated February 27, 1995)
C. 1995 State Aid Contracts
( memorandum dated February 23, 1995 )
D. Reject Bid #5041 / Tractor w/Front End Loader
( memorandum dated February 22, 1995
E. Request for Floodplain Cut and Fill Balance
Waiver for Dunmore S/D
( memorandum dated February 27, 1995 )
7. CONSENT AGENDA (cont'd.1:
F. Miscellaneous Budget Amendment #009
( memorandum dated March 1, 1995 )
8. CONSTITUTIONAL OFFICERS AND
GOVERNMENTAL AGENCIES
Clerk of Circuit Court:
Filing Cabinets for Tape Storage
( memorandum dated February 27, 1995 )
9:05 a.m. 9. PUBLIC ITEMS
A. PUBLIC HEARINGS
None
B. PUBLIC DISCUSSION ITEMS
Request by Frank Zorc to Discuss Tax -Exempt
Status
( letter dated February 27, 1995 )
10. COUNTY ADMINISTRATOR'S MATTERS
None.
11. DEPARTMENTAL MATTERS
A. COMMUNITY DEVELOPMENT
None
B. EMERGENCY SERVICES
None
C. GENERAL SERVICES
Award IRC Bid #5044 / T.V. Sewer Inspection
Truck
(memorandum dated February 28, 1995 )
D. LEISURE SERVICES
None
E. OFFICE OF MANAGEMENT AND BUDGET
None
F. PERSONNEL
None
G. PUBLIC WORKS
I. Resident Inspection Services for CR510 and'
SR AIA Intersection Improvements
( memorandum dated February 28, 1995 )
2. Resolutions to Provide for Paving and
Drainage Improvements To and Set Public
Hearing Date for: 61st Ave. North of
4th St. in Diana Park S/D
( memorandum dated February 24, 1995 )
11. DEPARTMENTAL MATTERS (cont'd. ):
G. PUBLIC WORKS cont'd. :
3. As -Built Resolution & Assessment Roll for
Surveying Improvements to Pine Lake Est.
an Unrecorded S/D
(memorandum dated February 22, 1995)
4. DEP Grant Applications for the PEP Reef
( memorandum dated March 1, 1995 )
H. UTILITIES
None
12. COUNTY ATTORNEY
None
13. COMMISSIONERS ITEMS
A. CHAIRMAN KENNETH R. MACHT
B. VICE CHAIRMAN FRAN B. ADAMS
C. COMMISSIONER RICHARD N. BIRD
D. COMMISSIONER CAROLYN K. EGGERT
E. COMMISSIONER JOHN W. TIPPIN
14. SPECIAL DISTRICTS
A. EMERGENCY SERVICES DISTRICT
1. Approval of Minutes - Meeting of 2/7/95
2. Authorization to Execute Purchase Agreement
with Ten -8 Fire Equipment Inc., for a Fire
Pumper to be Delivered in FY 95/96 at the
1994 Price Structure
( memorandum dated February 28, '1995)
B. SOLID WASTE DISPOSAL DISTRICT
Award Bid #5042 / Michigan L-70 Front End
Loader
(memorandum dated February 28, 1995)
15. ADJOURNMENT
ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY RE-
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 7, 1995
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 7, 1995,
at 9:00 a.m. Present were Kenneth R. Macht, Chairman; Fran B.
Adams, Vice Chairman; Richard N. Bird; Carolyn K. Eggert; and John
W. Tippin. 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 Tippin led the Pledge of Allegiance to
the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Macht added the following additions:
13-A-1 State Prisoners in County Jails.
13-A-2 Travel Authorization - Ana Anderson
to attend NATOA Conference
13-A-3 Impact Fees
13-A-4 Legal Advertising
Commissioner Bird added 11-A-2, discussion re proposed
ordinance on block grant (CDBG).
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the above additions to today's Agenda.
APPROVAL OF MINUTES
The Chairman asked if there were any corrections or additions
to the Minutes of the Regular Meeting of February 7, 1995. There
were none.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
the Minutes of the Regular Meeting of February 7,..
1995, as written.
March 7, 1995 Boa 9
EOOK4 PA E 0
CONSENT AGENDA
Commissioner Tippin requested that Item D be removed from the
Consent Agenda for discussion, and Commissioner Eggert requested
that Item F be removed also.
A. Reports
Received & Placed on File in Office of the Clerk to the Board:
Delta Farms Water Control District - State of Florida
Annual Local Government Financial Report, FY ending 9/30/94
Vero Lakes Water Control District - General Purpose Financial
Statement, Sept. 30, 1994
B. Final Plat Approval - Rosewind Subdivision - C & S Development Corp.
The Board reviewed the following memo dated 2/27/95:
TO: James E. Chandler
County Administrator
DI ION HEAD CONCURRENCE:
(4bbefl-t'
M. Keat g, A
Community Development/Director
THROUGH: Stan Boling, AICP
Planning Director
FROM: John W. McCoy, AICP ,::1 ; M
Senior Planner, Current Development
DATE: February 27, 1995
SUBJECT: C & S Development Corp.'s Request for Final Plat Approval
for Rosewind Subdivision [SD-94-08-06/IRC #94050022]
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its regular
meeting of March 7, 1995.
DESCRIPTION AND CONDITIONS:
Rosewind is a 19 lot subdivision of a 9.78 acre parcel of land'
located on the south side of 16th Street at 51st Court. The
subject property is zoned RS -2, Residential Single Family (up to 2
units per acre) and has a land use designation of L-1, Low Density
1 (up to 3 units per acre). The density of the subdivision is 1.94
units per acre.
On June 6, 1994, the Planning and Zoning Commission granted.
preliminary plat approval for Rosewind Subdivision. The developer,
C & S Development Corp., subsequently obtained a land development
permit and has completed construction of the required subdivision
improvements. The developer is now requesting final plat approval
and has submitted the following:
2
March 7, 1995
1. A final plat in conformance with the approved preliminary
plat.
2. A certificate of completion for all required improvements.
ANALYSIS:
All required subdivision improvements have been completed by the
developerp and the developer .has obtained a certificate of
completion certifying that all required improvements are complete
and acceptable. All proposed subdivision improvements are
privately dedicated with the exception of the utility system, which
is separately warranted through the Department of Utility Services.
Therefore, no warranty and maintenance agreement is required. All
requirements of final plat approval are satisfied.
RECOMMENDATION:
Based on the above analysis, staff recommends that the Board of
County Commissioners grant final plat approval for Rosewind
Subdivision.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously granted
final plat approval to Rosewind Subdivision, as
recommended by staff.
C. 1995 State Aid Library Contracts
The Board reviewed the following memo dated 2/23/95:
DATE: 2-23-95
TO: BOARD OF COUNTY COMMISSIONERS
THRU: JAMES E. CHANDLER, COUNTY ADMINISTRATOR
THRU: R.T. "SONNY" DEAN, DIRECTOR, DEPARTMENT OF
GENERAL SERVICES
SUBJECT: 1995 STATE AID CONTRACTS
FROM: MARY D. POWELL, LIBRARY SERVICES DIRECTOR
BACKGROUND:
THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
APPLIED TO THE DIVISION OF LIBRARY AND INFORMATION
SERVICES FOR THE ANNUAL STATE AID GRANT. THE APPLICATION
WAS APPROVED.
ANALYSIS:
THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS,
SIGNATURE IS REQUIRED ON THE STATE AID CONTRACTS TO
RECEIVE THE GRANT FUNDS (ATTACHED).
RECOMMENDATIONS:
STAFF RESPECTFULLY REQUESTS THAT THE BOARD AUTHORIZE ITS
CHAIRMAN TO SIGN THE GRANT CONTRACTS AND RETURN TO THE
LIBRARY SERVICES DIRECTOR TO BE FORWARDED TO THE
APPROPRIATE STATE LIBRARY STAFF.
3
March 7, 1995 BOOK 94 f-hjE �
800X
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously approved
the 1995 State Aid to Libraries Grant Agreement, as
recommended by staff.
44 PA ".E 504
CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
A Reject Bid #5041 - Tractor with Front End Loader
The Board reviewed the following memo dated 2/22/95:
DATE: February 22, 1995
TO: BOARD OF COUNTY COMMISSIONERS
THRU: James E. Chandler, County Administrator
H.T. "Sonny" Dean, Director
Department of General Servi es
e,
FROM: Fran Boynton Powell, Purchasing Manager
SUBJ: Reject Bid ,#5041/Tractor
w/Front End Loader
Parks Division
BACKGROUND INFORMATION:
Bid Opening Date:
January 25, 1995
Advertising Dates:
January 4, 11, 1995
Specifications Mailed to:
Seventeen (17) Vendors
Replies:
Five (5) Vendors
VENDOR MAKE/MODEL
TABULATION SHEET
Robinson Equip Massey Ferguson
$22,375.00
Mims, FL M -F 253-4
Pippin Tractor Massey Ferguson
$22,428.00
Ft Pierce, FL 253/232
Sunrise Ford Ford New
$23,650.00
Ft Pierce, FL Holland 4630
Berggren Equip John Deere
$23,945.00
Ft Pierce, FL 5400
Pifer, Inc Massey Ferguson
$26,000.00
Jupiter, FL MF -253
BUDGETED AMOUNT $28,500.00
RECOMMENDATION
Staff recommends that all -bids be rejected because the
specifications were unclear on the horsepower requirement
for the tractor. Specifications called for 57 horsepower
and and should have read 57 PTO horsepower. This omission
allowed vendors to submit a varied range of tractor
models.
4
March 7, 1995
In lieu of rebidding this item, we are recommending that
the Board approve the purchase of a Ford 4630 tractor with
the front end loader attachment from Sunrise Ford Tractor,
Ft. Pierce, Fl. by piggybacking the following bids:
Tractor
School District
Indian River County
Attachment
Parks & Recreation
Brevard County
Total Purchase Price
Bid 1#94-84 $18,697.00
10/03/94
P.O. #405691 $ 4.395.00
1/13/95
$23,092.00
Sunrise Ford Tractor is the vendor for both the tractor
and the attachment, and they have agreed to offer Indian
River County the same prices. This action conforms with
Article Six. Section 10:5, "Procurement of Service", of
the County Purchasing Manual. Sunrise Ford Tractor has
confirmed that both items are in stock and available for
immediate delivery.
Commissioner Tippin questioned why we did not have time to
rebid this tractor for use by the Parks Division, and General
Services Director Sonny Dean advised that we do have time to rebid
this item if the Board so desires. The specifications didn't
specify a 57 PTO horsepower and the low bidder has a 57 horsepower
engine that will not meet the specifications.
Commissioner Adams felt we do a grave injustice sometimes by
duplicating the School Board's efforts in bidding certain items.
She pointed out that one of the purposes of the Council of Public
Officials is to benefit from other entities' efforts in the
researching and bidding of equipment.
Public Works Director Jim Davis didn't know why the PTO was
left off the specifications, but explained that the bush hog
attachments recommend a 57 PTO horsepower tractor which is used
almost constantly for mowing difficult areas - ball fields and park
areas.
Commissioner Tippin felt it was very important that it doesn't
appear that we have any sloppiness in our bidding procedures, for
public relations if for nothing else. His concern is not that
somebody is cheating or whatever, but he feels strongly that
whenever a bid is presented, it ought to be proofread and the
specifications thoroughly reviewed. He wanted the County to get
the best for the least amount of dollars.
5
March 7, 1995 moo 9 4 F-Alu 505
bm 94 mu 50
After a brief discussion on whether to table this bid for one
week, Commissioner Tippin stated he would move approval of staff's
recommendation since he had made his point.
ON MOTION by Commissioner Tippin, SECONDED by
Commissioner Adams, the Board unanimously approved
the purchase of a Ford 4630 tractor with the front
end loader attachment from Sunrise Ford Tractor, Ft.
Pierce, FL. by piggyback bidding as set out in the
above staff recommendation.
Commissioner Bird asked to see, just out of curiosity, the
specifications on the Massey Ferguson 253 and the John Deere 5400
to see how close they came to the Ford 4630.
E. Waiver of Floodplain Cut and Fill Balance - Dunmore Subdivision
The Board reviewed the following memo dated 2/27/95:
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director
and
Roger D. Cain, P.E.
County Engineer
FROM: David B. Colt, REABC
Civil Engineer
SUBJECT: Request for Floodplain Cut and Fill Balance Waiver for Dunmore Subdivision
REFERENCE: SD-94-12-10/L.D.P. Application No. 94060167-004
DATE: February 27, 1995 CONSENT AGENDA
DESCRIPTION AND CONDITIONS
Fleis Associates on behalf of Floridron (USA) Limited, Inc., the developers of Dunmore
Subdivision has requested a waiver of the cut and fill balance requirement of Section
930.07(2)(d) of the Stormwater Management and Flood Protection Ordinance. Dunmore
Subdivision received preliminary plat approval from the Planning and Zoning Commission
on October 13, 1994. The project is located on the barrier island adjacent to the south
property line of Seminole Shores Subdivision on the west side of AlA. The site is located
in special flood hazard area Zone AE with base flood elevations of 5.0 ft. and 6.0 ft.
N.G.V.D. The ten year stillwater elevation is 2.7 ft. The proposed displacement of the
floodplain below 4.0 ft. for which the waiver is requested is 722 cubic yards as indicated in
the attached letter from the applicant's engineer dated February 6, 1995.
6
March 7, 1995
� � s
ALTERNATIVES AND ANALYSIS
The project meets the cut and fill balance waiver criteria provided in Section 930.07(2)(d)1.
of being situated in an estuarine environment within the 100 year floodplain along the
Indian River and in staffs opinion it appears that all other Stormwater Management and
Flood Protection Ordinance requirements can be met without adverse impact on other lands
in the estuarine environment.
A County Wetlands Resource Permit has been issued for the project.
Alternative No. 1
Approve the cut and fill balance waiver request.
Alternative No. 2
Deny the waiver request and require re -design to accomplish an on-site balance of cut and
fill.
RECOMMENDATION
Staff recommends approval of Alternative No. 1.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously approved
the cut and fill balance waiver request for Dunmore
Subdivision, as recommended by staff.
F. Miscellaneous Budget Amendment 009
The Board reviewed the following memo dated 3/1/95:
TO: Members of the Board
of County Commissioners
DATE: March 1, 1995
SUBJECT: MISCELLANEOUS BUDGET AMENDMENT 009
CONSENT AGENDA
FROM: Joseph A Baird(!k
OMB Director
DESCRIPTION AND CONDPITONS
The attached budget amendment is to appropriate funding for the following:
1. This entry is the reallocation of budgeted funds for an additional Planner II
staff position to be devoted to MPO task activities.
7
March 7, 1995
BooK 9 4 u�. L� 5 0 7
BOOK 94 PING, 508
2. At the December 13, 1994 meeting of the Board of County Commissioners,
the Board approved the distribution and use of the Piper proceeds. This
entry reflects the approved allocation of those proceeds.
3. The attached budget amendment appropriates funding for 1994/95 salary
raises as approved by the Board of County Commissioners at the December
13, 1994 meeting.
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the attached budget amendment
009.
Commissioner Eggert asked if an additional Planner II would be
adequate staffing on the MPO, and Community Development Director
Robert Keating explained that the MPO is compensating the County
for what we have been doing for a number of years, such as $40,000
a year for traffic engineering. Other areas are normal
transportation planning and committee work, and the MPO allows us
to use federal funds. We have not staffed up as much as some of
the MPOs in other counties.
Director Keating advised that he didn't ask for an additional
clerical position because in recent years a lot of the planners do
their own word processing. He felt an additional planner would be
advantageous all the way around. He noted that we are accounting
for all the work going into MPO and we have a lot more control in
planning the projects.
Commissioner Adams asked if in doing that we are taking
dollars away from projects, and Director Keating responded
negatively. He advised that tomorrow the DOT will be presenting
two SR -60 projects, and through the MPO we do have a lot of control
because the DOT has a lot of constraints in the procedures they
must follow.
Commissioner Eggert commented that our control is through not
doing anything to the roads. We are down to 6-8 median closings on
the first SR -60 project instead of 12 as the DOT first proposed.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously approved
Budget Amendment 009:
8
March 7, 1995
� � r
TO: Members of the Board
of County Commissioners
FROM: Joseph A. Baird
OMB Director
BUDGET AMENDMENT: 009
DATE: March 1. 1995
It
March 7, 1995 800,x;
Entry
Number
Funds/Department/Account Name
Account Number
Increase
Decrease
1.
EXPENSE
MPO/Regular Salaries
124-204-515-011.12
$27,000
$0
Social Security
124-204-515-012.11
$1,674
$0
Retirement
124204515-012.12
4,769
$0
Insurance
124204515-012.13
$3,865
$0
Worker's Compensation
124204515-012.14
$94
$0
Medicare Matching
124204515-012.17
$392
$0
All Travel
124-204-515-034.02
$1,000
$0
EDP Equipment
124204515-066.47
$2,000
$0
Other Contractual Services
124-204515-033.49
$0
$40,784
2.
REVENUE
GENERAL FUND/Delinquent Ad Val. Tax
001-000-311-020.00
$53,640
$0
EXPENSE
GENERAL FUND/Salary Reserve
001-199-581-099.88
$53,640
$0
REVENUE
EMERGENCY SERVICES DISTRICT/
Delinquent Ad Valorem Tax
114000-311-020.00
$154,999
$0
EXPENSE
EMERGENCY SERVICE DISTRICT
FIRE/Salary Reserve
114120-522-099.88
$26,638
$0
Automotive
114120-522-066.42
$193,679
$0
Reserve for Contingency
114120-522-099.91
$0
$85,119
EMERGENCY SERVICE DISTRICT ALS/
Salary Reserve
114-253-526-099.88
$19,801
$0
REVENUE
SWDD/Service Assessment
411-000-363-120.00
$10,682
$0
EXPENSE
SWDD/Landfill/Salary Reserve
411-217-534099.88
$9,683
$0
SWDD/Landfill/Regular Salary
411-217-534011.12
$999
$0
IL 3.See
Attached `
It
March 7, 1995 800,x;
SALARY BUDGET AMENDMENT - 009
FOR FISCAL YEAR 1994/95
COUNTY ATTORNEY'S OFFICE
Regular Salaries
001-102-514-011-12
GENERAL FUND
-011-13
BOARD OF COUNTY COMMISSIONERS
Executive Salaries
001-101-511-011-11
Regular Salaries
-011-12
Social Security
-012-11
Retirement
-012-12
Life Insurance
-012-13
Worker's Compensation
-012-14
Medicaid
-012-17
COUNTY ATTORNEY'S OFFICE
Regular Salaries
001-102-514-011-12
Other Salaries
-011-13
Social Security
-012-11
Retirement
-012-12
Life Insurance
-012-13
Worker's Compensation
-012-14
Medicaid
-012-17
RECREATION
Regular Salaries
Other Salaries
Social Security
Retirement
Life Insurance
Worker's Compensation
Medicaid
MAIN LIBRARY
Regular Salaries.
Other Salaries
Social Security
Retirement
Life Insurance
Worker's Compensation
Medicaid
001-108-572-011-12
-0I1-13
-012-11
-012-12
-012-13
-012-14
-012-17
001-109-571-011-12
-011-13
-012-11
-012-12
-012-13
-012-14
-012-17
NORTH COUNTY LIBRARY
Regular Salaries - .
001-112-571-011-12
Other Salaries
=011-13
Social Security
-012-11
Retirement
-012-12
Life Insurance
-012-13
Worker's Compensation
-012-14
Medicaid
-012-17
SOIL CONSERVATION
Regular Salaries
Social Security
Retirement
Life Insurance
Worker's Compensation
Medicaid
LAW LIBRARY
Regular Salaries
Social Security
Retirement
Life Insurance
Worker's Compensation
Medicaid
March 7, 1995
001-118-537-011-12
-012-11
-012-12
-012-13
-012-14
-012-17
001-119-516-011-12
-012-1f
-012-12
-012-13
-012-14
-012-17
to
POCK.
INCREASE DECREASE
$3,250
$1,870
$317
$1,243
$19
$16
$74
$5,824
$321
$381
$1,085
$22
$19
$89
$4,272
$442
$292
$832
$16
$181
$68
$9,335
$752
$625
$1,781
$34
$31
$146
$4,772
$416
$322
$916
$19
$16
$75
$867
$54
$153
$3
$3
$13
$477
$30
$84
$3
$1
$7
94 PAL 510
SALARY BUDGET AMENDMENT - 009
FOR FISCAL YEAR 1994/95
COUNTY ADMINISTRATOR
Regular Salaries
001-201-512-011-12
Social Security
-012-11
Retirement
-012-12
Life Insurance
-012-13
Worker's Compensation
-012-14
Medicaid
-012-17
GENERAL SERVICES
Regular Salaries
Social Security
Retirement
Life Insurance
Worker's Compensation
Medicaid
PERSONNEL
Regular Salaries
Social Security
Retirement
Life Insurance
Worker's Compensation
Medicaid
VETERANS SERVICES
Regular Salaries
Social Security
Retirement
Life Insurance
Worker's Compensation
Medicaid
WI -202-513 -011-12
-012-I1
-012-12
-012-13
-012-14
-012-17
001-203-513 -011-12
-012-11
-012-12
-012-13
-012-14
-012-17
001-206-553-011-12
-012-11
-012-12
-012-13
-012-14
-012-17
EMERGENCY MANAGEMENT
Regular Salaries
001-208-525 -011-12
Social Security
-012-11
Retirement
-012-12
Life Insurance
-012-13
Worker's Compensation
-012-14
Medicaid
-012-17
PARKS
Regular Salaries
Social Security
Retirement
Life Insurance
Worker's Compensation
Medicaid
WELFARE
Regular Salaries
Social Security
Retirement
Life Insurance
Worker's Compensation
Medicaid
AG EXTENSION
Regular Salaries
Social Security
Retirement
Life Insurance
Worker's Compensation
Medicaid
001-210-572-011-12
-012-11
-012-12
-012-13
-012-14
-012-17
001-211-564-011-12
-012-11
-012-12
-012-13
-012-14
-012-17
001-212-537-011-12
-012-I1
-012-12
-012-13
-012-14
-012-17
11
INCREASE
$2,218
$138
$527
$15
$7
$32
$1,692
$105
$299
$6
$5
$25
$2,869
$178
$507
$9
$9
$42
$1,898
$118
$335
$6
$6
$28
$2,785
$173
$492
$9
$9
$40
$8,604
$533
$1,519
$28
$332
$125
$1,475
$91
$260
$6
$5
$21
$1,313
Sol
$232
$6
$4
$19
DECREASE
March 7, 1995 Bora pt.aL 511
SALARY BUDGET AMENDMENT - 009
FOR FISCAL YEAR 1994/95
YOUTH GUIDANCE
Regular Salaries
Social Security
Retirement
Life Insurance
Worker's Compensation
Medicaid
PURCHASING
Regular Salaries
Social Security
Retirement
Life Insurance
Worker's Compensation
Medicaid
001-213-523-011-12
-012-11
-012-12
-012-13
-012-14
-012-17
001-216-513 -011-12
-012-11
-012-12
-012-13
-012-14
-012-17
BUILDING AND GROUNDS
Regular Salaries
001-220-519-011-12
Social Security
-012-11
Retirement
-012-12
Life Insurance
-012-13
Worker's Compensation
-012-14
Medicaid
-012-17
OFFICE OF MANAGEMENT AND BUDGET
Regular Salaries
001-229-513 -011-12
Social Security
-012-11
Retirement
-012-12
Life Insurance
-012-13
Worker's Compensation
-012-14
Medicaid
-012-17
REP GRANT
Regular Salaries
Social Security
Retirement
Life Insurance
Worker's Compensation
Medicaid
BASE GRANT
Regular Salaries
Social Security
Retirement
Life Insurance
Worker's Compensation
Medicaid
ANIMAL CONTROL
Regular Salaries
Social Security
Retirement
Life Insurance
Worker's Compensation
Medicaid
March 7, 1995
001-237-525 -011-12
-012-11
-012-12
-012-13
-012-14
-012-17
001-238-525 -011-12
-012-11
-012-12
-012-13
-012-14
-012-17
001-250-562-011-12
-012-11
-012-12
-012-13
-012-14
-012-17
12
INCREASE
$1,753
$109
$310
$6
$5
$25
$1,955
$121
$345
$6
$6
$28
$11,549
5716
$2,040
$31
$469
$167
$8,075
$501
$1,426
$12
$25
$117
$589
$37
$104
$3
$2.
$9
$490
$30
$87
$3
$2
$7
$1,998
$124
$353
56
$83
$29
DECREASE
-94 pAu- 512
SALARY BUDGET AMENDMENT - 009
001-500-586 -099.06
FOR FISCAL YEAR 1994/95
Regular Salaries
-099.06
$7,527
Social Security
INCREASE DECREASE
MAILROOMS WITCHBOARD
Retirement
-099.06
Regular Salaries 001-251-519-011-12
$721
Other Salaries
-011-13
$380
Social Security
-012-11
$68
Retirement
-012-12
$194
Life Insurance
-012-13
$6
Worker's Compensation
-012-14
$3
Medicaid -
-012-17
$16
PROPERTY APPRAISER
Elected Official
001-500-586 -099.06
$4,169
Regular Salaries
-099.06
$7,527
Social Security
-099.06
$258
Retirement
-099.06
$736
Life Insurance
-099.06
$37
Worker's Compensation
-099.06
$13
Medicaid
-099.06
$60
SUPERVISOR
Regular Salaries
001-700-586 -099.11
$4,729
Social Security
-099.11
$293
Retirement
-099.11
$835
Life Insurance
-099.11
$16
Worker's Compensation
-099.11
$15
Medicaid
-099.11
$69
CIRCUIT COURT
Regular Salaries
001-901-516-011-12
$273
Social Security
-012-11
$17
Retirement
-012-12
$48
Life Insurance
-012-13
$3
Worker's Compensation
-012-14
$1
Medicaid
-012-17
$4
PROBATION
Regular Salaries
001-908-523 -011-12
$2,545
Social Security
-012-11
$158
Retirement
-012-12
$450
Life Insurance
-012-13
$9
Worker's Compensation
-012-14
$105
Medicaid
-012-17
$37
Reserve for Salaries
001-199-581-099-88
$119,231
Reserve for Contingency
001-199-581-099-91
$8,673
MUNICIPAL SERVICE TAXING UNIT (M.S.T.U.)
NORTH COUNTY RECREATION
Regular Salaries
004108-572 -011-12
$1,265
Other Wages
-011-13
$85
Social Security
-012-11
$84
Retirement
-012-12
$238
Life Insurance
-012-13
$6
Worker's Compensation
-012-14
$39
Medicaid
-012-17
$20
PLANNING AND DEVELOPMENT
Regular Salaries
004-204-515 -011-12
$1,913
Social Security
-012-11
$119
Retirement
-012-12
$338
Life Insurance
-012-13
$6
Worker's Compensation
-012-14
$6
Medicaid
-012-17
$28
13
March 7, 1995 Booz 94 rA, L 513
SALARY BUDGET AMENDMENT - 009
FOR FISCAL YEAR 1994/95
COUNTY PLANNING
Regular Salaries
Social Security
Retirement
Life Insurance
Worker's Compensation
Medicaid
CODE ENFORCEMENT
Regular Salaries
Social Security
Retirement
Life Insurance
Worker's Compensation
Medicaid
004-205-515 -011-12
-012-11
-012-12
-012-13
-012-14
-012-17
004-207-524 -011-12
-012-11
-012-12
-012-13
-012-14
-012-17
COMMUNITY DEV BLK GRANT
Regular Salaries
004-223-515 -011-12
Social Security
-012-11
Retirement
-012-12
Life Insurance
-012-13
Worker's Compensation
-012-14
Medicaid
-012-17
FRANCHISE ADMINISTRATION
Regular Salaries
004-234537 -011-12
Social Security
-012-11
Retirement
-012-12
Life Insurance
-012-13
Worker's Compensation
-012-14
Medicaid
-012-17
Reserve for Salaries
004199-581 -099-88
Reserve for Contingencies
004199-581 -099-91
HOUSING AUTHORITY
Regular Salaries
Social Security
Retirement
Life Insurance
Worker's Compensation
Medicaid
Reserve for Salaries
Revenue Transfer In
G/F Transfer Out
Reserve for Salaries
RENTAL ASSISTANCE
Regular Salaries
Social Security
Retirement
Life Insurance
Worker's Compensation
Medicaid
Reserve for Salaries
Low Income Housing Asst
March 7, 1995
107-226-554 -011-12
-012-11
-012-12
-012-13
-012-14
-012-17
107-226-554 -099-88
107-000-381 -020-00
001-199-581 -099-21
001-199-581 -099-88
108-222-564 -011-12
-012-11
.-012-12
-012-13
-012-14
-012-17
108-222-564 -099-88
108-000-331 -057.00
14
INCREASE
$7,945
$493
$1,403
$25
$25
$115
$2,439
$151
$431
$9
$15
$35
$620
$38
$109
$3
$9
$190
$12
$34
$5
$3
$3
$1,054
$65
$186
$6
$5
$15
$448
$448
$1,524
$94
$269
$6
$5
$22
$642
Boa 94 Fmi 514
DECREASE
$11,935
$6,328
$883
$448
$1,278
SALARY BUDGET AMENDMENT - 009
FOR FISCAL YEAR 1994/95
TRANSPORATION FUND
114-120-522-011-12
ROAD AND BRIDGE
-011-13
Regular Salaries 111-214-541-011-12
Social Security
-012-11
Retirement
-012-12
Life Insurance
-012-13
Worker's Compensation
-012-14
Medicaid
-012-17
PUBLIC WORKS
Regular Salaries
Social Security
Retirement
Life Insurance
Worker's Compensation
Medicaid
ENGINEERING
Regular Salaries -
Social Security
Retirement
Life Insurance
Worker's Compensation
Medicaid
111-243-519-011-12
-012-11
-012-12
-012-13
-012-14
-012-17
111-244-541-011-12
-012-11
-012-12
-012-13-
-012-14
-012-17
TRAFFIC ENGINEERING
Regular Salaries 111-245-541-011-12
Social Security -012-11
Retirement -012-12
Life Insurance -012-13
Worker's Compensation -012-14
Medicaid -012-17
Reserve for Salaries 111-199-581-099-88
Transportation Transfer In 111-000-381-020-00
G/F Transfer Out WI -199-581-099.21
Reserve for Contingency 001-199-581-099.91
MSTU Transfer Out 004-199-581-099.21
Reserve for Contingency 004199-581-099.91
EMERGENCY SERVICE DISTRICT
FIRE
Regular Salaries
114-120-522-011-12
Other Salaries and Wages
-011-13
Property Appraiser
114120-522 -099.06
Social Security
-012-11
Retirement
-012-12
Life Insurance
-012-13
Worker's Compensation
-012-14
Medicaid
-012-17
Reserve for Salaries
114-120-522 -099-88
ALS
Regular Salaries
Property Appraiser
Social Security
Retirement
Life Insurance
Worker's Compensation
Medicaid
Reserve for Salaries
114-253-526-011-12
114253-526 -099.06
-012-11
-012-12
-012-13
-012-14
-012-17
114-253-526-099-88
15
INCREASE
$37,370
$2,317
$6,600
$119
$1,454
$542
$4,489
$278
$793
$16
$14
$65
$11,419
$708
$2,017
$37
$71
$166
$7,774
$482
$1,373
$25
$48
$113
$26,257
$10,503
$15,754
$68,308
$170
$642
$4,246
$18,210
$215
$2,376
$993
$34,230
$192
$2,122
$6,045
$19-
$1,188
$496
DECREASE
$52,033
$10,503
$15,754
$95,160
$44,292
March 7, 1995 ago Pvs, _
• SALARY BUDGET AMENDMENT - 009
FOR FISCAL YEAR 1994195
COMMUNICATIONS
Regular Salaries
Social Security
Retirement
Life Insurance
Worker's Compensation
Medicaid
Reserve for Salaries
Reserve for Contingencies
INCREASE
120-133-519-011-12
$440
-012-11
$27
-012-12
$78
-012-13
$3
-012-14
$1
-012-17
$6
120-133-581-099-88
120-133-581-099-91
SOLID WASTE DISPOSAL DISTRICT
REFUSE
Regular Salaries
411-209-534-011-12
Social Security
-012-11
Retirement
-012-12
Life Insurance
-012-13
Worker's Compensation
-012-14
Medicaid
-012-17
LANDFILL
Regular Salaries
Social Security
Retirement
Life Insurance
Worker's compensation
Medicaid
RECYCLING
Regular Salaries
Social Security
Retirement
Life Insurance
Worker's Compensation
Medicaid
Reserve for Salaries
GOLF COURSE
OPERATIONS
Regular Salaries
Other Wages
Social Security
Retirement
Life Insurance
Worker's Compensation
Medicaid
FOOD AND BEVERAGE
Regular Salaries
Other Wages
Social Security
Retirement
Life Insurance
Worker's Compensation
Medicaid
March 7, 1995
411-217-534-011-12
-012-11
-012-12
-012-13
-012-14
-012-17
411-255-534-011-12
-012-11
-012-12
-012-13
-012-14
-012-17
411-217-534 -099-88
418-221-572-011-12
-011-13
-012-11
-012-12
-012-13
-012-14
-012-17
418-232-572 -011-12
-011-13
-012-11
-012-12
-012-13
-012-14
-012-17
W.,
$2,598
$161
$459
$9
$263
$38
$14,771
$916
$2,609
$47
$817
$214
$6,814
$422
$1,203
$22
$377
$99
$6,457
$492
$431
$1,227
$22
$268
$101
$1,214
$673
$117
$333
$6
$8
$27
o I
DECREASE
$368
$187
$31,839
Or r
SALARY BUDGET AMENDMENT - 009
FOR FISCAL YEAR 1994/95
PRO SHOP
Regular Salaries
Other Wages
Social Security
Retirement
Life Insurance
Worker's Compensation
Medicaid
Reserve for Salaries
Golf Por Shop Sales
418-236-572-01142
-011-13
-012-11
-012-12
-012-13
-012-14
-012-17
418-221-581-099-88
418-000-347-231-00
BUILDING DEPARTMENT
Regular Salaries
441-233-524 -011-12
Social Security
-012-11
Retirement
-012-12
Life Insurance
-012-13
Worker's Compensation
-012-14
Medicaid
-012-17
Reserve for Salaries
441-233-581-099-88
Unlic Contractors Fines
441-000-354-013.00
DEPARTMENT OF UTILITY SERVICES
WASTEWATER
Regular Salaries
471-219-536-011-12
Social Security
-012-11
Retirement
-012-12
Life Insurance
412-13
Worker's Compensation
-012-14
Medicaid
-012-17
WATER
Regular Salaries -
Social Security
Retirement
Life Insurance
Workers Compensation
Medicaid
GENERAL
Regular Salaries
Social Security
Retirement
Life Insurance
Worker's Compensation
Medicaid
SLUDGE FACILITY
Regular Salaries
Social Security
Retirement
Life Insurance
Worker's Compensation
Medicaid
Reserve for Salaries
Cash Forward
Cash Forward
March 7, 1995
471-219-536-011-12
-012-11
-012-12
-012-13
-012-14
-012-17
471-235-536-011-12
-012-11
-012-12
-012-13
-012-14
-012-17
471-257-536 -011-12
-012-11
-012-12
-012-13
-012-14
-012-17
471-235-581-099-88
471-218-536 -099.92
471-219-536 -099.92
17
INCREASE DECREASE.- '
$4,459
$2,310
$420
$1,195
$22
$261
$98
$6,487
$9,055
$561
$1,599
$31
$56
$131
$3,836
$15,718
$975
$2,776
$50
$531
$228
$23,517
$1,458
$4,153
$75
$795
$341
$12,060
$748
$2,130
$41
$37
$175
$970
$60
$171
$3
$33
$14
$13,654
$7,598
$44,441
$11,309
$11,309
1-14 40.0 (t.E 517
M-3
94 m
SALARY BUDGET AMENDMENT - 009
502-246-513 -011-12
FOR FISCAL YEAR 1994/95
Social Security
-012-11
$109
INCREASE DECREASE
FLEET MANAGEMENT
$311
Life Insurance
Regular Salaries
501-242-591-011-12
$5,574
Social Security
-012-11
$346
Retirement
-012-12
$989
Life Insurance
-012-13
$19
Worker's Compensation
-012-14
$353
Medicaid
-012-17
$81
Reserve for Salaries
501-242-581-099-88
$4,785
GasOiesel
501-242-591-035-53
$2,577
RISK MANAGEMENT
Regular Salaries
502-246-513 -011-12
$1,751
Social Security
-012-11
$109
Retirement
-012-12
$311
Life Insurance
-012-13
$6
Worker's Compensation
-012-14
$8
Medicaid
-012-17
$25
Reserve for Salaries
502-246-581-099.88
$1,572
Workers Compensation
5024000-395 -023.00
$638
NEW COURTHOUSE - FILING CABINETS FOR TAPE STORAGE
J. K. Barton, Clerk to .the Circuit Court, presented the
following recommendation:
To: Board of County Commissioners
Date: February 27, 1995
Re: Filing Cabinets for Tape Storage
From: Jeffrey K. Barton C:�
As discussed in the January 17, 1995 BBC meeting, we need to replace 24 - 2 drawer lateral file
cabinets that were initially placed in the Clerk's office. (If you recall, they had been mistakenly
placed in our office).
We need to order 11- 5 drawer lateral files which will provide us with slightly more storage at a
lower cost than if we purchased 2 drawer files.
Please approve purchase of 11- 5 drawer lateral fires, #1413 -LA commodity 425-050-300-3673,
at a cost of $402.48 each for a total of $4427.28.
18
March 7, 1995
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously approved
the purchase of eleven 5 -drawer lateral files at a
total cost of $4,427.28, as recommended by Clerk
Barton.
REQUEST BY FRS NK ZORC TO DISCUSS TAX-EXEMPT STATUS OF
NON-PROFIT ORGANIZATIONS
The Board reviewed the following letter dated 2/27/95:
FRANK L. ZORC
REAL ESTATE BROKER
BUILDING CONTRACTO
404,?a Eoy�G
CoAcy"V, O Nary
February 27, 1995
Indian River County Commission
1840 25th. St.
Vero Beach, FL 32960-
Dear
2960
Dear Commissioners:
(Izi'_
FEB 1995
2M Vti OFflCE Avenue
"IT0A%ero Beach. Florida 32%0
Telephone: (407) 5624646
i
RE: Property tax exemptions
Non Profit Corp.FS 196.195
Fla. Public Records law
We have tried since October 1994 to have files opened
covering FS 196.195. Representative Charles W. Sembler is working
on an action in Tallahassee to modify the FS Statute and thereby
open these files to public review.
I request the commission send Representative Sembler a
resolution of support for this change in our state statutes.
REQUEST TO BE ON NEXT COMISSION AGENDA:
RWctfl
F
Edit_
Editorials
Tax -Exempt Status
Nen dos the public keen for cans it a eau. p ""t, •PP�ear' MU sold M dt. toast to
Pout rSwatim "Mlles w be emag Irps pap brash the tan.
local P ay to twat it d f sad "P JU Ur 7oeti bad hL aueene). Jlm 11Wee. haw takes tM
S no wr m Led w teem the ladles Rim oppomp aide — adttfaee scan allow public ae-
l�o t le ft UM*m a s sparof 's Otfles em to aU plow , APpratar manses under the
FlorN&G-orneasuf4s; Law
Dared NO" who is lacked to a�rwith Ise Camm�asro 1e;;;;Wtm mat•
Re+ttr i?ask Tore bombs few. ter ttWa). Taro said he a aAOles to apaed tdn of his
be-taie�tnoiliap titpnbueunseat. �owtu�zare pecfi aury
Me urea
F1rst. the char a. school,
have a vim the records dt apa'ldcaU) Wa~aa w re
r6hr to knee• hon asd orb) a ebltece, acbeuL tfoe- Drasfs Bleisem YIWPe, a w-
eramam mutt)choly, an quaw" tor tax • smdw-di— rat lneta come a Is Vers
. rsaaPt Property status. Twee V boas
of 3L Prose" usaw.
WT � have tomakeup t -oularcentest and other
r hare e to s Pei Which also sprats pt nobiw rot
flusital
Paid fr by °a SeseL with 9 --ant" Property Matus in Vero
ilost top b10. flier e1nuW have TAM said stun he fmssra ahsot tis opostlss of
tree right a sen Property epPrateaS' r[ntda m usob uO°� �• be � to datemme u
eswpt aeatu argameattos do" queel7 tr tees• on Popery qualifies for tax.
1. aunum rational for taste atame Vaud StlaaeeatlamAJ
bacula bot be a•»••—•••• as it is now. Nan-proLt cr• to as M Ranch.
Lameattaae absnld raaabmu as C—)- poem
!ear b Ptoaa they monnue m goallf orf quwifisfortwsaapt flit
am
Yolre his the tan -sump mess. T40ho said two an the he state
Statute in=# pr`Robert JaekSmt bald m Revenue and the lmetaal Rawer
faftateaw ratiome sed res tatmdsgroom Eves U some e6aspep the am atawtnR the
The o3teas Says 'au rettvsa of Property "OIL OM S alae b Morruvia rho a coma rewda
be devoted to be eadWaanal In Me babas taaaemw�) ayes rkq an few b atsarmraa
19
March 7, 1995 moo 94 FA. ;L 519
BOOK 94 PAf4
Frank Zorc, 2501 27th Avenue, advised that he had a 45 -minute
presentation prepared for today's meeting but had cut it down to
two minutes. He noted that we have been talking about this matter
for several months now and his attorney recently moved to St.
Augustine.
MOTION WAS MADE by Commissioner Eggert, SECONDED by
Commissioner Adams, to adopt Resolution 95-38, to
the Florida Legislature urging an amendment to State
Law to allow for public access to non-profit
filings.
Under discussion, Commissioner Bird stated he had a problem
with a member of the public coming to our County Attorney's Office
and having the resolution prepared before the Board had an
opportunity to discuss it. He also had a problem with a
Commissioner going and requesting the same. He would like to make
it a policy that in the future the Attorney's Office not draw up a
resolution until the matter goes before the Board and they direct
it.
Commissioner Eggert assumed'it would be alright if it comes
from a committee, and Commissioner Bird responded affirmatively.
Consensus was reached on Commissioner Bird's directive to
staff not to prepare a resolution at the request of a member of the
public or a Commissioner.
Returning to the matter of public access to non-profit
filings, Commissioner Bird pointed out that the law has worked this
way for years and the Legislature has not seen fit to change it.
He felt a little uncomfortable in telling the Legislature to change
it now.
Commissioner Eggert pointed out that a lot of it involves
salaries, etc., and in recent years a lot of interest has been
generated towards non-profit organizations. She believed the
thrust is to strongly urge the Legislature to change the way in
which it is reported. In the past, these applications have been
submitted to the Tax Collector's Office. It seemed to her that the
Legislature should find some other way for the non -profits to
report, but how they want to do it is up to them.
Chairman Macht felt the public needs to have some way of
looking into where the money goes that is contributed to these
organizations.
20
March 7, 1995
Commissioner Bird still questioned why this hasn't been
changed until now.
Commissioner Adams stressed that we are seeing some abuses and
stated she would support public access.
Mr. Zorc noted that the- Commissioners' remarks certainly
express the concern of the taxpayers. These organizations may be
perfectly legal, but people just want a chance to see their
applications.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
carried unanimously.
Commissioner Bird expressed his concerns that all of this must
meet State criteria, and Commissioner Adams suggested that we have
Attorney Vitunac find out more about a 501 exemption.
Attorney Vitunac advised that -he would prepare a memo to the
Board explaining the criteria requested for non-profit status.
RESOLUTION NO. 95- 38
A RESOLUTION OF THE HOARD.OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, TO THE FLORIDA
LEGISLATURE URGING AN AMENDMENT TO STATE LAW TO
ALLOW FOR PUBLIC ACCESS TO NON-PROFIT FILINGS.
WHEREAS, State law provides for exemption from from ad valorem taxes for
non-profit organizations; and
WHEREAS, Indian River County feels it would be in the public interest to
have the section 196.195, F.S. amended to allow inspection and public review
of these non-profit filings;
NOW, THEREFORE, HE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, that the Board strongly urges the Florida
Legislature to amend Section 196.195, F.S. to allow inspection and public
review of non-profit filings which qualify for exemption from ad valorem
taxes.
21
March 7, 1995
ma
a
BOOK 94 PAGE: 522
The resolution was moved for adoption by Commissioner F g q e r t , and
the motion was seconded by Commissioner Adams , and, upon being put to
a vote, the vote was as follows:
Chairman Kenneth R. Macht Aye
Vice Chairman Fran B. Adams Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
Commissioner John W. Tippin Aye
The Chairman thereupon declared the resolution duly passed and adopted
this 7th day of March, 1995.
Jef
BOARD OF CO3J10TY COMMISSIONERS
INDIAN By RI R COUNTY, FLOR77t,�Zt—
'Kenneth
R. Macht
Chairman
COMMUNIEY DEVELOPMENT BLOCK GRANT
Community Development Director Robert Keating recapped that
back in December the Board authorized public works and community
development staff to apply for a CDBG neighborhood revitalization
grant for the Colored School Subdivision and Whitfield Subdivision
target areas. The Board also authorized staff to initiate the
process to select a consultant to prepare the CDBG application and
administer the grant. In addition, the Board committed budgeted
petition paving funds to be used as a match for the grant. The
purpose of the $750,000 block grant is to provide road improvements
and water installation to the two Wabasso subdivisions. The
consultants were selected and two weeks ago the Board was advised
that in order to receive this grant, the Board must adopt a fair
housing ordinance and several policies and procedures. Those items
will be considered at public hearings scheduled for March 14 and
March 21.
Commissioner Eggert asked how this would affect the 55 or
older restriction exemption in housing, and Commissioner Bird
explained that is the reason he brought the matter up today - to
talk about it prior to the public hearing on the fair housing
ordinance. He has received many calls from people concerned about
the County passing an ordinance superseding the 55 and over
exemption. He assumed that the Attorney's Office would have
researched the 55 restriction thoroughly before public hearing.
22
March 7, 1995
Director Keating explained that as the ordinance was drafted
by the consultants it looks like it prohibits the 55 and over
exemption. we have talked about adding in a specific exemption in
the ordinance. The 55 and over exemption is specifically allowed
by federal law.
Deputy County Attorney Will Collins believed that if the
County adopts some of these ordinances, we may be committing to
implementing a lot of laws that have been adopted at the federal
level. The consultant has told the Board that the County has to
adopt a fair housing ordinance and 8 other policies in order to
receive this grant. Attorney Collins didn't understand why we
have to adopt this policy when we are going to use the block grant
for paving roads and installing water in those subdivisions. His
personal feeling is that we are on the edge of a cliff and jumping
into a briar patch with a blindfold on. It is very difficult for
him to stand here and say the Board has to do it because we are
committing to doing all these things and we don't even know what
these things are right now. Attorney Collins was troubled by the
whole procedure and meeting the end of the month deadline.
Commissioner Eggert felt the consultants should be prepared to
justify doing all of this and further explain the necessity for the
extra points.
Commissioner Bird felt staff should be comfortable with this
before it is brought back to the Board in order for it to meet the
time limit. He suggested that we consider submitting the
application without adopting the ordinances and take our chances on
getting the money.
Commissioner Eggert pointed out that we have two chances to
stop it -- at the meetings of March 14 and March 21.
Chairman Macht announced that the adoption of a fair housing
ordinance will be considered at next week's meeting, and
Commissioner Bird was assured that the Board's intention is to pass
an ordinance maintaining the 55 restriction exclusion.
It was the Board's consensus that the ordinance will exempt
the 55 or older from anti -discrimination law.
23
March 7, 1995
BOOK 94 Pkv
AWARD BID #5044 - TV Sewer Inspection Truck
The Board reviewed the following memo dated 2/28/95:
TO: BOARD OF COUNTY 66WaSSIONERS
THRU: James E.•Chandler, County Administrator
H.T. "Sonny" Dean, Director
General services
FROM: Fran Boynton Powell, Purchasing Manager
SUBJ: Award IRC Bid 05044/T.V. Sewer Inspection Truck
Utilities Department
BACKGROUND 17DMRT nu:
Bid Openinq Date:, February 8, 1995
Advertisinq Dates: January 25, Feb 1, 1995
Specifications Mailed to: Fourteen (14) vendors
Replies: One (1) Vendor
YF�QB
BID-
Ques,
ID Ques, Inc $119,700.00
Orlando, FL
TOTAL AMOUNT OF BID $119,700.00
SOURCE OF FUNDS: • Sewer Utilities Automotive Account
F. 1N TED BSE': $147,000.00
RECO ATION
Staff recommends that the bid be awarded to the sole -
bidder, Ques, Inc. This bid meets all t*e specifications
3s set forth in the Invitation to Bid.
Commissioner Tippin wondered why we get so little response to
our requests for proposals, and Commissioner Eggert recalled that
this was happening about 4 or 5 years ago and we asked that the
specifications be reviewed very carefully before being sent out.
Apparently, it is happening again.
General Services Director_Sonny Dean advised that they talked
to the vendors that submitted "no bid" and to a company out of
Clearwater who didn't bid because they could not compete with the
price of the Ques bid. This is a highly technical piece of
equipment and the specifications were very lengthy and very, very
technical. Most of the companies only make part of this type of
equipment.
Utilities Director Terry Pinto explained that this equipment
is highly technical and other vendors said they could meet the
specifications, but not the price. He stressed that this equipment
could save us thousands of dollars. A TV camera is dragged through
a pipe from one end to another and identifies where the problem is
and a sealer is injected into the crack.
Commissioner Adams understood that we can use this, equipment
with in-house staff.
24
March 7, 1995
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously awarded
Bid #5044 in the amount of $119,700 to Ques, Inc. of
Orlando for a TV Sewer Inspection Truck, as
recommended by staff.
RESIDENT INSPECTION SERVICES FOR CR -510 AND SR -AIA
INTERSECTION DAPROVEMENTS
The Board reviewed the following memo dated 2/28/95:
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director,��✓
Jack Price �� -
Personnel rector
FROM: Terry B. Thompson, P.E.p4�
Capital Projects Manager
SUBJECT: Resident Inspection Services for
CR 510 and SR AlA Intersection Improvements
DATE: February 28, 1995
Full time resident inspection services on CR 510 and SR AIA
Intersection Improvements are being performed by a retired FDOT
inspector, William Howard. Mr. Howard's services were contracted
through "At Your Service" at a cost of $22.69/hr., which includes
all social security, worker's compensation, unemployment
insurance, taxes, and agency fees. The cost approved by the
Board on February 13, 1994 for inspection of CR 510 and SR AlA
was $9,076.00.
The contract completion date for CR 510 and SR AlA was March 3,
1995. Delays in -obtaining the signal permit from the FDOT has
moved the completion date to the end of April.
The Personnel Department contacted "At Your Service" and they are
willing to extend the agreement to payroll Mr. Howard for eight
weeks at the rate of $22.69/hr. for a cost of $7,260.80. This
added to the original inspection fee results in a total
inspection cost of $16,336.80.
Staff recommends that the Board extend the agreement to employ
William Howard through "At Your Service" for eight weeks at a
cost of $7,260.80.
Funding is from Account 101-151-541-067.11.
25
March 7, 1995
E m 94
BOCK 9 muG t
Commissioner Adams noted that this is another case where the
cost is almost double what was estimated, and she asked if we could
charge this back to the FDOT.
Public Works Director Jim Davis explained that the DOT will
not be contributing to this increase which is due to the redesign
of the intersection after the Disney project was announced.
Commissioner Eggert questioned if this delay stopped Mr.
Howard from doing his inspections, and Director Davis advised that
Mr. Howard was doing inspections on the Oslo project during that
time and is being paid by the hour.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously extended
the agreement to employ William Howard through "At
Your Service" for eight weeks at a cost of
$7,260.80, as recommended by staff.
RESOLUTIONS I AND II - PAVING & DRAINAGE MOROVEMENTS -
61ST AVENUE - DIANA PARK SUBDIVISION
The Board reviewed the following memo dated 2/24/95:
TO: James Chandler
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Director
and _ y�
Roger D. Cain, P.E.
County Engineer
FROM: Michelle A. Gentile, CET
Civil Engineer
SUBJECT: Resolutions to Provide for the Paving and Drainage Improvements to and set
Public Hearing date for:
61st Avenue North of 4th Street in Diana Park Subdivision
DATE: February 24, 1995
DESCRIPTION AND CONDITIONS
The County Public Works Department has received a petition for a public improvement
assessment for road paving and drainage improvements for 61st Avenue north of 4th Street
In Diana Park Subdivision.
The petition was signed by 16 owners out of a total of 19 property owners in the proposed
benefited area. This represents 84% of the property owners in the proposed benefited area
who are in favor'of having this road paved.
A separate resolution will need to be adopted to hold a Public Hearing to discuss the
advisability, cost and amount of the assessment against each property owner.
26
March 7, 1995
This Public Hearing has been scheduled for Tuesday, March 28, 1995, at 9:05 A.M. in the
County Commission Chambers. An informal meeting with the property owners has been
scheduled for Wednesday evening, March 15, 1995 at 7:30 PM in these chambers, to discuss
this project.
An assessment roll and plat has been prepared and filed with the Clerk to the Board of
County Commissioners.
RECOMMENDATION AND FUNDING
It is recommended that the Board:
1) Adopt the resolution providing for the paving and drainage improvements for the
projects subject to the terms outlined in the resolution. The applicable interest rate
shall be established by the Board of County Commissioners at the time the final
assessment roll is approved.
2) Allocate $62,115.52 from the Petition Paving Account #111-214-541-035.51.
3) Adopt a resolution setting the time and place of the Public Hearing.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously adopted
Resolution 95-39, providing for certain paving and
drainage improvements to 61st Avenue in Diana Park
Subdivision.
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously adopted
Resolution 95-40, setting a time and place for
public hearing on paving and drainage improvements
to 61st Avenue in Diana Park Subdivision.
Providing (First Reso.) 1/5/94(ENG)RESI.MAG\gfk
RESOLUTION NO. 95-39
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR
CERTAIN PAVING AND DRAINAGE IMPROVEMENTS ,TO 61ST
AVENUE (DIANA PARK SUBDIVISION), PROVIDING THE
TOTAL ESTIMATED COST, METHOD OF PAYMENT OF
ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND
LEGAL DESCRIPTION OF THE AREA SPECIFICALLY
BENEFITED.-.
WHEREAS, the County Public Works Department has been
petitioned for Road Paving and Drainage Improvement for 61st Avenue
(Diana Park Subdivision).
27
March 7, 1995
Boa pt -547
94
Boor FA 52
.a
No. 95- 39
WHEREAS, the construction of paving and drainage
improvements by special assessment funding is authorized by Chapter
206, Section 206.01 through 206.09, Indian River County Code; and
cost estimates and preliminary assessment rolls have been completed
by the Public Works Department; and the total estimated cost of the
proposed paving and drainage improvements is SIXTY-TWO THOUSAND ONE
HUNDRED FIFTEEN DOLLARS and FIFTY TWO CENTS ($62,115.52); and
WHEREAS, the special assessment provided hereunder shall,
for any given recgrd owner of property within the area specially
benefited, be in an amount equal to that proportion of seventy-five
percent (75%) of the total cost of the project ($46,586.64) which
the number of parcels owned by the given owner bears to the total
number of parcels within the areas specially benefited and twenty-
five percent (25%) of the total cost of the project ($15,528.88)
will come from Petition Paving Account;. and
WHEREAS, the special assessment shall become due and
payable at the Office of the Tax Collector of Indian River County
ninety (90) days after the final determination of the special
assessment pursuant to Section 206.08, Indian River County Code;
and
WHEREAS, any special. assessment not .,paid within said
ninety (90) day period shall bear interest beyond the due date at
a rate established by the Board of County Commissioners at the time
of preparation of the final assessment roll, and shall be payable
in two (2) equal installments, the first to be. made twelve (12)
months from the due date and subsequent payments to be due yearly;
and
WHEREAS, after examination of the nature and anticipated
usage of the proposed improvements, the Board of County
Commissioners has determined that the following described
properties shall receive a direct and special benefit from these
improvement, to wit:
P:3
March 7, 1995
� � r
® s �
No. 95- 39
Lots 1 through 13, Block 1
Lots 1 through 6, Block 2
Lots 1 through 4, Block 3
Diana Park Subdivision, Plat Book 5, Page 62 as Recorded
in Indian River County, Florida
Indian River Farms Company Subdivision PBS 2 Page
25 S 230 FT of W 130 FT of E 10 Acres of W 20.4
Acres of Tract 7 as in Record Book 32, PP 395 (OR
Book 479, PP 723) Indian River County, Florida
Indian River Farms Company Subdivision PBS 2 Page
25 W 10 Acres of Tract 7, less following described
parcel: S 423 FT of W 10 Acres, less S 30 FT
thereof for Right -of -Way of 4th Street & less W 60
FT & also including E 15 FT of N 393 FT of S 423 FT
as recorded in OR 788, PP 2245 Indian River County,
Florida
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
CONMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The foregoing recitals are affirmed and ratified in
their entirety.
2. A project providing for paving and drainage
improvements to 61st Avenue (Diana Park Subdivision); heretofore
designated as Public Works Project No. 9116 is hereby approved
subject to the terms outlined above and all applicable requirements
of Chapter 206, et seq. Indian River County Code.
The foregoing resolution was offered by Commissioner
Adams - ubo mored its adq*am. Mie motun was seoambd
by Commissioner Eggert and, upon being put to a vote, the
vote was as follows:
Chairman Kenneth R. Macht Aye
Vice -Chairman Fran B. Adams Aye
Commissioner Richard N. Bird Aye
Commissioner John W. Tippin Aye
Commissioner Carolyn K. Eggert Aye
The Chairman thereupon declared the resolution passed and
adopted this 7 day of March , 1995.
BOARD OF COUNTY COMMISSIONERS
OF IND RIVER COLTNV, FLORID
BY"e� Ap5.1
EN ETH R. CHT, Chairman
29
March 7, 1995 BOOK 94 f,aQ
Time and Place (Second Reso.)
2/7/95 (ENG) RES2.MAG\gfk
RESOLUTION NO. 95- 40
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, SETTING A TIME AND PLACE AT WHICH
THE OWNERS OF PROPERTY ON 61ST AVENUE
NORTH OF 4TH STREET (DIANA PARK SUBDIVISION)
AND -OTHER INTERESTED PERSONS MAY APPEAR
BEFORE THE BOARD OF COUNTY COMMISSIONERS
AND BE HEARD AS TO THE PROPRIETY AND
ADVISABILITY OF MAKING PAVING AND DRAINAGE
IMPROVEMENTS TO SAID PROPERTY AS TO THE
COST.THEREOF, AS TO THE MANNER OF PAYMENT
THEREFOR, AND AS TO THE AMOUNT THEREOF TO
BE SPECIALLY ASSESSED AGAINST EACH PROPERTY
BENEFITED THEREBY.
WHEREAS, the Board of County Commissioners of Indian River County has,
by Resolution No. q s _ 3 g , determined that it is necessary for the public welfare
of the citizens of the county, and particularly as to those living, working, and owning
property within the area described herein, that paving and drainage improvements
be made to said property; and
WHEREAS, the Board of County Commissioners has caused an assessment roll
to be completed and filed with the Clerk to the Board; and
WHEREAS, Section 206.06, Indian River County Code, requires that the Board
of County Commissioners shall -fix a time and place at which the owners of the
properties to be assessed or any other persons interested therein may appear before
the Board of County Commissioners and be heard as to the propriety and advisability
of making paving and drainage improvements to said property, as to the cost thereof,
as to the manner of payment therefor, and as to the amount thereof to be assessed
against each property benefited thereby,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
30
March 7, 1995
RESOLUTION NO. 95- 4 0
1. The County Commission shall meet at the County Commission chambers in the
County Administration Building at the hour of 9:05 A.M. on Tuesday, March
28, 1995, at which time the owners of the properties to be assessed and any
other interested persons may appear before said Commission and be heard in
regard to said property. The area to be improved and
the properties to be specially benefited are more particularly described upon
the assessment plat and the assessment roll with regard to the special
assessments..
2. All persons interested in the construction of said improvements and the special
assessments against the properties to be specially benefited may review the
assessment plat showing the area to be assessed, the assessment roll, the plans
and specifications for said improvements, and an estimate of the cost thereof
at the office of the Clerk to the Board any week day from 8:30 A.M. until 5:00
P.M.
3. Notice of the time and place of this public hearing shall be given by the
Department of Public Works by two publications in the Vero Beach Press
Journal Newspaper a week apart. The last publication shall be at least one
week prior to the date of the hearing. The Indian River County Department
of Public Works shall give the owner of each property to be specially assessed
at least ten days notice in writing of such time and place, which shall be served
by mailing a copy of such notice to each of such property owners at his last
known address.
31
March 7, 1995 BOOK 94 F-A.�-F I
F
Bpor 94�
RESOLUTION NO. 95-_4 0
The resolution was moved for adoption by Commissioner Adams , and the
motion was seconded by Commissioner E a Q e r t, and, upon being put to a vote,
the vote was as follows:
Chairman Kenneth R. Macht
Aye.
Vice Chairman Fran B. Adams
Aye
Commissioner John W. Tippin
Aye
Commissioner Richard N. Bird
Aye
Commissioner Carolyn K. Eggert
Aye
The Chairman thereupon declared the resolution duly passed and adopted this
_L day of March , 1995.
BOARD QF COUNTY COMMISSIONERS
INDIAN'AIVER C UNTY, FLORIDA
By r �.Z'1 ,
KENNETH R. MACHf,
Attest:
\�'v<
Jeft'ey-.K. Barton, erk
Attachment: ASSESSMENT ROLL
61aveset.res
32
March 7, 1995
Chairman
AS -BUILT RESOLUTION & ASSESSMENT ROLL FOR SURVEYING
IMPROVEMENTS TO PINE LAKE ESTATES, AN UNRECORDED S/D
The Board reviewed the following memo dated 2/22/95:
TO:
THROUGH:
FROM:
James Chandler
County Administrator
James W. Davis, P.E.
Public Works Director
and
Roger D. Cain, P.E.
County Engineer -.,.Am
Michelle A. Gentile,
Civil Engineer
SUBJECT: As -Built Resolution & Assessment Roll for Surveying
Improvements to Pine Lake Estates an Unrecorded
Subdivision
DATE: February 22, 1995
DESCRIPTION AND CONDITIONS
The surveying of the above subdivision has been completed. The
final assessment is as follows:
1) Preliminary Estimates:
$4,700.00 - 100%
(214 Lots)
$21.9626/per Lot
Final Cost:
$4,700.00 - 100*
( 214 Lots)
$21.9626/per Lot
The final assessment roll has been prepared and is ready to be
delivered to the Clerk to the Board. Assessments are to be paid
within 90 days or in 2 equal installments, the first to be made
twelve months from the due date and subsequent payments to be due
yearly from the due date at an interest rate of 8.5% established
by the Board of County Commissioners.
ALTERNATIVES AND ANALYSIS
Since the final assessment to the benefitted owners is the same as
the preliminary assessment roll, the only alternative presented is
to approve the final assessment roll.
RECOMMENDATION
It is recommended that the final assessment roll and the "As -Built
Resolution" for the surveying improvements of the above mentioned
subdivision be approved by the Board of County Commissioners and
that it be transferred to the Tax Collector for recording in the
"Assessment Lien Book" and for collection.
33
March 7, 1995 Bou 94 P53
BOOK 94 PAu 534
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously adopted
Resolution 95-41, certifying "as -built" costs for
certain surveying improvements to Pine Lake Estates,
an unrecorded subdivision.
As -Built (Fourth Reso.) 2/7/95{ENG)RES4.MAG\gfk
RESOLUTION NO. 95-.41*
A RESOLUTION OF INDIAN RIVER COUNTY CERTIFYING
"AS -BUILT" COSTS FOR CERTAIN SURVEYING IMPROVEMENTS
TO PINE LAKE ESTATES, AN UNRECORDED SUBDIVISION,
DESIGNATED AS PROJECT NO. 9329, PROVIDING FOR
FORMAL COMPLETION DATE, AND DATE FOR PAYMENT
WITHOUT PENALTY AND INTEREST.
WHEREAS, the Board of County Commissioners of Indian
River County determined that the improvements described herein
specially benefited the property located within the boundaries as
described in this title, designated as Project No. 9329, are in the
public interest and promote the public welfare of the county; and
WHEREAS, on November 15, 1994, the Board held a public
hearing in the Commission Chambers at which time the owners of the
property to be assessed were afforded an opportunity to appear
before the Board to be heard as to the propriety and advisability
of making such improvements; and
WHEREAS, after such public hearing was held the County
Commission adopted Resolution No. 94-150, which confirmed the
special assessment cost of the project to the property specially
benefited by the project in the amounts listed in an attachment to
that resolution; and
WHEREAS, the Director of Public Works has certified the
actual "as -built" cost now that the project has been completed is
$21.9626, per lot, which is the same per lot in the confirming
Resolution No. 94-150,
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
CONMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. Resolution No. 94-150 is modified.as follows: The
completion date for Project No. 9329 is declared to be March 16,
1994, and the last day that payment may be made avoiding interest
and penalty charges is ninety (90) days after passage of this
resolution. .
34
March 7, 1995
No. 95-41
2. • Payments bearing interest at the rate of 8.5% per
annum may be made in two equal installments, the first to be made
twelve (12) months from the due date and the subsequent payments
to be due yearly from the due date. The due date is ninety (90)
days after the passage of this resolution.
3. The final assessment roll for said project listed in
Resolution No. 94-150 shall be as set forth in attached Exhibit
"A" to this resolution.
4. The -assessments as shown in attached Exhibit "A" shall
stand confirmed and remain legal, valid, and binding first liens
against the property against which such assessments are made until
paid.
S. The assessments shown in Exhibit "A", attached to
Resolution No.94-150 were recorded by the County on the public
records of Indian River County, and the lien shall constitute prima
facie evidence of its validity.
This resolution was moved for adoption by Commissioner
Eggert , and the motion was seconded by
Commissioner Adams and, upon being put to
a vote, the vote was as follows:
Chairmen Kenneth R. Macht Aye
Vice -Chairman Fran B. Adams Aye
Commissioner Carolyn K. Eggert Aye
Commissioner John W. Tippin Aye
Commissioner Richard N. Bird Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 7 day of March ,
1995.
BOARD OF.,COUNTY COMMISSIONERS
OF IN N RIVER C UNTx2,:gLORIDA
By
NNETH R. MACHT,
j Chairman
Attest:
JEFF Y K. BARTON,
erk
Atta hment: Exhib "A"
35
March 7, 1995
Boa94PP �z_
mor 94 pv[53-6
DEP GRANT APPLICATIONS FOR PEP REEF
The Board reviewed the following memo dated 3/1/95:
TO: James E. Chandler, County Administrator
THROUGH: James W. Davis, P.E., Public Works Direc r
FROM: Don G. Donaldson, P.E., �.
Coastal Engineer
SUBJECT: DEP Grant Applications for the PEP Reef
DATE: March 1, 1995
DESCRIPTIONS AND CONDITIONS
County staff has applied for grant funds from the Department of Environmental
Protection Recovery Program. This application was filed without prior Board approval
due to time constraints. The grant does not require matching funds and the applications
may be withdrawn without penalty.
The grant application is for assistance with the monitoring of the Indian River
CountyNero Beach PEP Reef Project. This application has undergone initial review and
the County will be notified in March, 1995 of the Department's recommendations (see
Exhibit "A"). The County staff requested Florida Pollution Recovery Program funds in
the amount of $900,000(see Exhibit "B").- This was the estimated cost for monitoring as
required by DEP Beaches and Coastal Systems.
ALTERNATIVES AND ANALYSIS
The following alternatives are presented:
Alternative No. 1
Authorize the County Public Works Director to act as the agent on behalf
of the Board of County Commissioners for the Pollution Recovery Program
Grant Application.
Alternative No. 2
Direct staft to withdraw the application.
RECOMMENDATIONS
County staff recommends that the County Commission authorize the Public Works
Department to complete the application process so that funding may be obtained.
Matching funds recorded in the application were previously authorized by the Board from
Tourist Tax Revenue
M
March 7, 1995
ON MOTION by Commissioner Adams, SECONDED by
Commissioner Eggert, the Board unanimously
authorized the Public Works Dept. to complete the
application process so that funding may be obtained;
matching funds recorded in the application were
previously authorized by the Board from Tourist Tax
Revenue.
Commissioner Adams announced that the PEP Reef presentation
will be made on March 28, 1995.
STATE PRISONERS IN COUNTY TAILS
Chairman Macht advised that he had a brief meeting with the
Sheriff and the State Attorney about the possibility of the County
receiving compensation for state prisoners. At present we receive
compensation for housing federal prisoners.
Commissioner Eggert felt it would be great to be paid, but
only if we could spare the room.
It was the Board's consensus that Chairman Macht continue to
pursue housing of state prisoners in County jails when space is
available.
NATOA CONFERENCE
The Board reviewed the following memo dated 3/6/95:
TO: Board of County DATE: March 6, 1995 FILE:
Commissioners
SUBJECT: NATOA Conference
FROM: Kenneth R. Macht REFERENCES:
Chairman
Approval of out-of-state travel is requested for Ana Anderson,
Franchise Officer, and one other person to attend the NATOA
meeting i:.n Denver, Colorado, April 20-23, 1995.
37
A
March 7, 1995 wK
Boor 94 X38
Chairman Macht noted that there are a lot of things going on
with cable TV and that it would be beneficial to send someone to
the meeting.
Commissioner Adams emphasized that we have so little control
over cable TV now, and she questioned the expense of sending two
people to Colorado.
Commissioner Bird felt we need to send Ana Anderson for an
update on cable regulations, etc. He pointed out that the reason
for the franchise fee is for the regulation of franchises through
the cable system.
Chairman Macht believed there is a great deal of information
to be gained and noted that Mrs. Anderson has done a good job
handling the franchises in the county.
Commissioner Eggert asked if there was any other way of
getting this information, and Commissioner Tippin felt we could get
more information from someone who has been through it already and
learn from their mistakes.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Tippin, the Board unanimously
authorized travel for one person to attend either
the Denver or Indianapolis meeting, whichever one
best fits the schedule and the budget.
38
March 7, 1995
IWACT FEE LEGISLATION
The Board reviewed the following memo date 3/3/95:
FLORI was
ASSOC/AT/ ■
of w� P.O. Box 549 /Tallahassee, Florida 32302
Bp F/ COUIV TI �. ■ Phone: 904/2?4-3148 FAX: 904/??? -3839
Cpl' 0 0Ob
During the past several legislative sessions, the Florida Association of Counties has had to wage
a major battle against passage of legislation designed to restrict county government authority to
impose impact fees. We have been successful in defeating impact fee legislation, in large part,
through the active lobbying of the hometown legislative delegation by members of county
commissions from all parts of the state.
We are developing an action plan for defeating impact fee legislation that has recently been filed
by Representative Buddy Johnson (HB 613) and Senator John Grant (no SB number yet). These
bills could have a tremendous negative impact on our counties.
Many of you adopted resolutions opposing impact fees in the past. FAC is once again asking
County Commissions to approve a resolution opposing impact fee legislation. The FAC Board
of Directors receptly approved the following position statement:
The Florida Association of Counties supports preserving county home rule authority
to develop and impose impact fees.
You should adopt such a resolution whether or not your county presently imposes impact fees.
With the revenue picture for local governments as bleak as it is, counties simply cannot afford to
have state legislators in Tallahassee limit or otherwise imperil any potential county revenue
source. This is one'of those issues where all county commissions must stand firm and united.
RODA"L"M"G C""L"NOWDS /OHNHART
afCUifVE DAtEC7OR
CAROMROBERTS
"NN/NC
p A I.V NCE
SUMPRESIDENT
2ND NCE
TO:
Chairmen, Boards of County Commissioners
A`'cjre.y
UM REACH
County Lobbyists
I IDEM
r-iv;yC^My.'uniLMTHROUGH:
POW
Rod Kendig, Executive Director
ti...
FROM:
Kari Hebrank, Governmental Liaison
Olv;FJ
DATE:
March 3, 1995
Risk iWr,.
Other
RE:
Impact fee legislation
During the past several legislative sessions, the Florida Association of Counties has had to wage
a major battle against passage of legislation designed to restrict county government authority to
impose impact fees. We have been successful in defeating impact fee legislation, in large part,
through the active lobbying of the hometown legislative delegation by members of county
commissions from all parts of the state.
We are developing an action plan for defeating impact fee legislation that has recently been filed
by Representative Buddy Johnson (HB 613) and Senator John Grant (no SB number yet). These
bills could have a tremendous negative impact on our counties.
Many of you adopted resolutions opposing impact fees in the past. FAC is once again asking
County Commissions to approve a resolution opposing impact fee legislation. The FAC Board
of Directors receptly approved the following position statement:
The Florida Association of Counties supports preserving county home rule authority
to develop and impose impact fees.
You should adopt such a resolution whether or not your county presently imposes impact fees.
With the revenue picture for local governments as bleak as it is, counties simply cannot afford to
have state legislators in Tallahassee limit or otherwise imperil any potential county revenue
source. This is one'of those issues where all county commissions must stand firm and united.
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Enclosed as "Document A" is a set of optional clauses you might consider in drafting a resolution.
Send a copy to FAC, to members of your legislative delegation, and to the local press.
Second, when you meet with members of your legislative delegation, impress upon them your
county's opposition to any impact fee legislation. "Document B" contains a set of possible talking
points for your use. Identify those commissioners with the best rapport with a particular legislator
and have them talk with that legislator. Encourage them to oppose impact fee legislation and
discourage them from becoming a co-sponsor on impact fee legislation. You may find your
legislator supports some form of impact fee legislation because of one particular problem he or
she has been made aware of perhaps by a local home builder or realtor. Find out what the
problem is and try to get it resolved. Work with your legislator in a constructive way to find a
local solution.
Third, your board should talk to the news media. Meet with your local editorial board, hold a
press conference with other groups that support our position (e.g., cities, environmental groups,
homeowners associations), and develop a story with a local reporter. Working with the press
really helped our lobbying effort on this issue during past legislative sessions.
Once you have done these things, do not consider the job done. Continue to remind legislators
of your county's position. Remember, there is no more effective lobbying than that done by the
local commissioner conferring with members of the legislative delegation back home.
Working together, we can again defeat impact fee legislation. Thank you in advance for doing
your part.
Commissioner Adams supported county home rule.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Tippin, the Board unanimously adopted
Resolution 95-42, to the Florida Legislature in
support of preserving county home rule authority to
develop and impose impact fees.
RESOLUTION NO. 95-42
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, TO THE FLORIDA
LEGISLATURE IN SUPPORT OF PRESERVING COUNTY HOME
RULE AUTHORITY TO DEVELOP AND IMPOSE IMPACT FEES.
WHEREAS, Section (1) of Article VIII, Florida Constitution, as
implemented by Section 125.01, Florida Statutes, was intended to enlarge the
tlu
March 7, 1995
power of counties to govern themselves through home rule, and state
intervention in the area of .impact fees would be inconsistent with this
important constitutional right; and
WHEREAS, in respect to the home rule• principle, the authority of local
governments to impose impact fees has been firmly established in case law to
help fund the cost of providing facilities and services necessitated by
growth and development; and
WHEREAS, impact fee revenues are critical to finding local government
growth management plans, particularly in this critical transition period from
plan development to plan implementation; and
WHEREAS, impact fees are imposed to ensure that growth and development
pay its own way rather than having those costs shifted to current residents;
and '
WHEREAS, impact fees are by their very nature do not lend themselves to
standardization and uniformity in design and application; and
WHEREAS, Indian River County finds its current and proposed impact fee
ordinance are effective and legally sustainable without _ benefit of
state -imposed requirements and conditions; and
WHEREAS, Indian River County has developed and implemented local impact
fee ordinances for roads, parks, utilities, etc.
WHEREAS, impact fee legislation would likely generate additional rounds
of costly litigation to defend both existing and future ordinances; and
WHEREAS, state -imposed impact fee regulations could force local
governments to raise property taxes to pay for facilities and services
demanded by the ever-growing numbers of new residents and presently funded
through impact fees;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, that the Board strongly urges the Florida
Legislature and the Governor of the State of Florida to preserve the full and
41
March 7, 1995 aooK 541
na 94 P,AGL.542
Resolution No. 95-42
complete home rule authority of local governments to impose impact fees by
opposing legislation restriction or limiting local government use of impact
fees.
The resolution was moved for adoption by Commissioner Eggert , and
the motion was seconded by Commissioner T1D D1n , and, upon being put to
a vote, the vote was as follows:
Chairman Kenneth R. Macht Aye
Vice Chairman Fran B. Adams Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
Commissioner John W. Tippin Aye
The Chairman thereupon declared the resolution duly passed and adopted
this 7th day of March, 1995.
s
Jeffre K. to lark 2,
BOARD OF C LINTY COMMIS
INDIAN R IVER COU , F
By li
Kenneth R. Mach
Chairman
LEGAL ADVERTISING
The Board reviewed the following memo dated 3/6/95:
TOs Chairman Kenneth R. Macht
Board of County Commissioners
1 J
FROMs Charles P. Vitunac, County Attorney
DATES March 6, 1995
RE: Florida Association of Counties
Advertising - Proposed Bill
I have reviewed the proposed House bill relating to making county and
municipality notice provisions identical and think that the bill is good and
long overdue. It will simplify the process of giving proper legal notice,
thus preventing technical challenges to any city and county enactments.
Please let me know if I can do anything more to assist you with this bill.
42
March 7, 1995
Attorney Vitunac advised that the proposed House bill will
standardize legal advertising requirements for counties and cities.
Presently, counties give 14 -day notice, cities 12 days and the
State 15.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously adopted
Resolution 95-43, to the Florida Legislature in
support of standardizing legal notice requirements
and establishing a statute of limitations for
challenges to local ordinances based on inadequate
legal notice.
RESOLUTION NO. 95-43
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, TO THE FLORIDA
LEGISLATURE IN SUPPORT OF STANDARDIZING LEGAL NOTICE
REQUIREMENTS AND ESTABLISHING A STATUTE OF
LIMITATIONS FOR CHALLENGES TO LOCAL ORDINANCES
BASED ON INADEQUATE LEGAL NOTICE.
WHEREAS, the statutes that govern the procedures for the adoption of an
ordinance differ in their notice requirements for counties (Section 125,
Florida Statutes, and municipalities (Section 166, Florida Statutes), and it
has become difficult for local governments to determine the appropriate
procedures for the adoption of regulatory ordinances; and
WHEREAS, statutes and case law over the past 15 years have changed the
criteria for determining when an ordinance must be adopted as a "rezoning"
ordinance, which is subject to stricter public hearing and notice
requirements; and
WHEREAS, the potential for utilizing the wrong ordinance adoption
procedure is the greatest with ordinances that affect the use of private real
property and is a likely trap for unwary local governments; and
43
March 7, 1995 Boos 94 Ph. 543
r
BOOK 94 PA(1544 7
Resolution -No. 95-43
WHEREAS, 1981 the legislature codified a decision which held that if an
ordinance substantially affects land use, it must be enacted under the
procedures which govern zoning and rezoning; and
WHEREAS, from 1983 to 1990, rezoning procedures differed for counties
and municipalities for the first time, and in 1990 the legislature created
Section 125.66(6), F.S., for counties, which set out the procedure for the
adoption of ordinances or resolutions that "affect the use of land," which
must also be used for land development regulations; and
WHEREAS, the courts have ruled that the "rezoning" procedure applies to
any ordinance which in some manner "affects the use of land," and counties
and municipalities must now determine on a case-by-case basis which
ordinances do not in some way "affect the use of land"; and
WHEREAS, because a variety of ordinances and resolution may in some
manner "affect the use of land," many ordinance have been overturned on a
technical failure to follow the appropriate provisions and are void ab
initio; and
WHEREAS, the possibility that a local government ordinance may be
declared null and void on procedural grounds many years after its adoptions
is ever present; and
WHEREAS, this places in peril the regulatory ordinances relied upon by
the citizenry of the local government; and
WHEREAS, the Growth Management Act, which requires that the
comprehensive plan and plan amendments be adopted by ordinance, has notice
requirements dissimilar to those in Section 125.66, F.S., and Section 166.04,
F.S., causing confusion at the governmental level and to the public at large;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, that the Board urges the Florida Legislature
and the Governor of the State of Florida to standardize legal notice
requirements and.establish a statute of limitations for challenges to local
ordinances based on inadequate legal notice.
44
March 7, 1995
The resolution was moved for .adoption by Commissioner Eggert , and
the motion was seconded by Commissioner Adams and, upon being put to
a vote, the vote was as follows:
Chairman Kenneth R. Macht Ay e
Vice Chairman Fran B. Adams Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Ay
Commissioner John W. Tippin ye
The Chairman thereupon declared the resolution duly passed and adopted
this 7th day of March, 1995.
lz;�ts
Jefey K. B rton, C er
BOARD OF COUNTY COMMISSIONERS
INDIAN VER COUNTY LORIDA
By le
Kenne Macht
Chairman
EMERGENCY SERVICES DISTRICT
Chairman Macht announced that immediately following
adjournment the Board will convene as the District Board of
Commissioners of the Emergency Services District. Those Minutes
are being prepared separately.
SOLID WASTE DISPOSAL DISTRICT
Chairman . Macht announced that immediately following
adjournment of the Emergency Services District meeting, the Board
will convene as the District Board of Commissioners of the Solid
Waste Disposal District. Those Minutes are being prepared
separately.
DOCUMENTS TO BE MADE PART OF THE RECORD
Proclamation - Fellsmere's Cracker Play Day Rodeo
45
March 7, 1995
Boor 9
94
bong PA�u
PROCLAMATION
RECOGNIZING FELLSMERE'S
CRACKER PLAY DAY RODEO
WHEREAS, Fellsmere's Cracker Play Day Rodeo opens
Sunday March 5, 1995; and
WHEREAS, past rodeos have been going on as an annual
event since 1953 and provide the historical background for this
years event; and
WHEREAS, this event is a fun event for all the family
young and old, big and small; and
WHEREAS, this event attracts visitors from all over the
state and is a credit to Fellsmere and Indian River County.
NOW, THEREFORE, be it Proclaimed by the Board of
County Commissioners of Indian River County,. Florida that
March 5, 1995, is hereby proclaimed to be "Fellsmere's Cracker
Play Day Rodeo" day throughout Indian River County.
ADOPT.ED on March 7, 1995.
BOARD OF COUNTY COMMISSIONERS
OF 41NDIAVER C6 YBy
R. Macht
Chairman
There being no further business, on Motion duly made, seconded
and carried, the Board adjourned at 10:28 a.m.
ATTEST: * z
J. K. Barton, Clerk Kenneth R. Macht, Chairman
APPROVED: 4/4/95
46
March 7, 1995