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HomeMy WebLinkAbout7/16/1996= MINUTESEATTACHED = BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY. FLORIDA A G E N D A TUESDAY, JULY 16,1996 9:00 A.M. - COUNTY COMMISSION CHAMBER County Administration Building 1840 25th Street Vero Beach, Florida COUNTY COMMISSIONERS Fran B. Adams, Chairman (District 1) James E. Chandler, County Administrator Carolyn K. Eggert, Vice Chairman (District 2) Richard N. Bird (District 5) Charles P. Vitunac, County Attorney Kenneth R. Macht (District 3) John W. Tippin (District 4) Jeffrey K. Barton, Clerk to the Board 9:00 a.m. 1. CALL TO ORDER BACKUP PAGES 2. INVOCATION 3. PLEDGE OF ALLEGIANCE - Comm. John W. Tippin 4. ADDITIONS to the AGENDA/EMERGENCY ITEMS 1. Add Item 13-A, report on Tallahassee trip. 5. PROCLAMATION and PRESENTATIONS None 6. APPROVAL OF MINUTES Regular Meeting of June 18, 1996 7. CONSENT AGENDA A. Received & Placed on File in Office of Clerk to the Board: Report of Convictions - June, 1996 B. Approval of Warrants (memorandum dated July 3, 1996) 1-8 C. Miscellaneous Budget Amendment #025 (memorandum dated July 10, 1996) 9-10 D. Reimbursement of Chief Judge's Legal Expenses Before Supreme Court (memorandum dated July 10, 1996) 11-13 i f,f II BOK 98 9:05 A.M. BOOK 98 PACE 527 7. CONSENT AGENDA (cont'd.): BACKUP PAGES E. Temporary Loan of Two Golf Carts to the Vero Beach High School Marching Band (memorandum dated July 5, 1996) 14-15 8. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None 9. PUBLIC ITEMS A. PUBLIC HEARINGS Proposed Purchase of Atlantic Gulf Communities (AGC) Lots Within the Sebastian Highlands Scrub LAAC Project (memorandum dated July 1, 1996) 16-53 B. PUBLIC DISCUSSION ITEMS None 10. COUNTY ADMINISTRATOR'S MATTERS None 11. DEPARTMENTAL MATTERS A. Community Development Consideration of Proposed Workshop Dates for Review of the Proposed Comprehensive Plan Evaluation and Appraisal Report (memorandum dated July 9, 1996) 54-55 B. Emergency Services Renovation of E911 Communications Center; Purchase of STS Communications Consoles for Both PSAP's By Piggyback- ing Collier County Bid; Authorization to Utilize Funds from E911 Surcharge Capital Improvement Reserve Account; Purchase of Seven Intensive Use Chairs; and Approval of Contract with Communications International to Provide Labor and Materials for Renovation Project in Conjunction with the 800 MHz Com- munications Equipment Installation (memorandum dated June 28, 1996) 56-60 2. Renewal of Able Ambulance Class "B" Certi- ficate of Public Convenience and Necessity to Provide Non -Emergency Advanced Life Sup- port Interfacility Transport Services (memorandum dated July 5, 1996) 61-71 11. DEPARTMENTAL MATTERS (cont'd.): _ C. General Services None D. Leisure Services None E. Office of Management and Budget None F. Personnel Health Insurance (memorandum dated June 24, 1996) (continued from meeting of July 2, 1996) G. Public Works 1. Roseland Drainage Bay Street at Rogala Pond and 79th Street from 130th Street to 126th Street (memorandum dated July 1, 1996) 2. Request for Indian River County to Issue Permits to Construct Seawalls in Summer - place Subdivision (memorandum dated July 10, 1996) H. Utilities None 12. COUNTY ATTORNEY None 13. COMMISSIONERS ITEMS A. Chairman Fran B. Adams B. Vice Chairman Carolyn K. Eggert C. Commissioner Richard N. Bird BACKUP PAGES 72-82 83-97 98-106 BOOK 98 598 B�,tx 98 f,�,V 5� 13. COMMISSIONERS ITEMS (cont'd.): BACKUP PAGES D. Commissioner Kenneth R. Macht E. Commissioner John W. Tippin 14. SPECIAL DISTRICTS/BOARDS A. Emergency Services District None B. Solid Waste Disposal District 1. Approval of Minutes - Meeting of 6-11-96 2. Approval of Minutes - Meeting of 6-18-96 3. Approval of Minutes - Meeting of 6-25-96 4. Abandonment of Wells (memorandum dated July 3, 1996) 107-115 C. Environmental Control Board None 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 x408 at least 48 hours in advance of meeting. Meeting broadcast live on TCI Cable Channel 13 - rebroadcast S: 00 p.m. Thursday through S: 00 p. m. Friday Falcon Cable Channel 35 - rebroadcast Friday evening INDEX TO M NUTES TULY 16. 1996 REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS ADDITIONS TO THE AGENDA . . . . . . . . . . . . . . . . . . . 1 APPROVALOF MINUTES . . . . . . . . . . . . . . . . . . . . . 1 CONSENT AGENDA . . . . . . . . . . . . . . . . . . . . . . . 1 A. Reports . . . . . . . . . . . . . . . . . . . . . 1 B. Approval of Warrants . . . . . . . . . . . . . 2 C. Miscellaneous Budget Amendment #025 . . . . . . . . 6 D. Chief Judge - Reimbursement of Legal Expenses - Supreme Court . . . . . . . . . . . . . . . 8 E. Vero Beach High School Marching Band - Loan 2 Golf Carts. . . . . . . . . . . . . . . . . . . . . . . 8 PUBLIC HEARINGS . . . . . . . . . . . . . . . . . . . . . . . 9 SEBASTIAN HIGHLANDS SCRUB LAAC PROJECT - PROPOSED PURCHASE OF ATLANTIC GULF COMMUNITIES (AGC) LOTS . . . . . . . . . . 9 COMPREHENSIVE PLAN EVALUATION AND APPRAISAL REPORT - PROPOSED WORKSHOP DATES . . . . . . . . . . . . . . . . . . . . . 21 E911 COMMUNICATIONS CENTER RENOVATION; PURCHASE OF STS COMMUNICATIONS CONSOLES; E911 SURCHARGE CAPITAL IMPROVEMENT RESERVE ACCOUNT FUNDS; INTENSIVE USE CHAIRS; 800 MHZ COMMUNICATIONS EQUIPMENT INSTALLATION AND COMMUNICATIONS INTERNATIONAL CONTRACT . . . . . . . . . 22 ABLE AMBULANCE - RENEWAL OF CLASS "B" CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY . . . . . . . . . . . . . . . 27 HEALTH INSURANCE . . . . . . . . . . . . . . . . . . . . . . 28 ROSELAND DRAINAGE - BAY STREET AT ROGALA POND AND 79TH STREET . . . . . . . . . . . . . . . . . . . . . . . . . 34 SUMMERPLACE SUBDIVISION SEAWALLS . . . . . . . . . . . . . . 36 REPORT ON TALLAHASSEE MEETING . . . . . . . . . . . . . . . . 40 SOLID WASTE DISPOSAL DISTRICT . . . . . . . . . . . . . . . . 40 1 BOOK 98 Ft: *y. July 16, 1996 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, July 16, 1996, at 9:00 a.m. Present were Fran B. Adams, Chairman; Carolyn K. Eggert, Vice Chairman; Richard N. Bird; Kenneth R. Macht; and John W. Tippin. Also present were James E. Chandler, County Administrator; William G. Collins, Deputy County Attorney; and P. J. Jones, Deputy Clerk. Chairman Adams called the meeting to order, and Commissioner Tippin led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA Chairman Adams requested the addition of Item 13-A, report on her trip to Tallahassee. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously added the above item to the Agenda. APPROVAL OF AI NUTES The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of June 18, 1996. There were none. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously approved the Minutes of the Regular Meeting of June 18, 1996, as written. CONSENT AGENDA A. Reports Received and placed on file in the office of the Clerk to the Board: 1. Report of Convictions, June, 1996 JULY 16, 19961 BOOK 9 r ",r;, 5,31 r � Boas FACE 532 B. Approval of Warrants The Board reviewed a Memorandum of July 3, 1996: TO: HONORABLE BOARD OF COUNTY COMMISSIONERS SUBJECT: APPROVAL OF WARRANTS DATE: JULY 3, 1996 FROM: EDWIN M. FRY, JR., FINANCE DIRECTOR In compliance with Chapter 136.06. Florida Statutes, all warrants issued by the Board of County Commissioners are to be recorded in the Board minute's. Approval is requested for the attached list of warrants, issued by the Clerk to the Board, for the time period of June 24, thru July 3. 1996. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved the list of Warrants as issued by the Clerk to the Board for the period from June 24 through July 3, 1996, as recommended by staff. CHECK NAME CHECK CHECK NUMBER RELIABLE ROOFING & REPAIR,INC DATE AMOUNT 0017783 COMMERCIAL TITLE SERVICES, INC 6/24/96 .00 0017787 COLLINS BROWN & CALDWELL 6/26/96 14,500.00 0017788 BUREAU OF ALCOHOL, TOBACCO & 6/27/96 250.00 0017789 GILLESPIE, JOHN AND/OR GWEN 6/27/96 454.00 0017790 FIRST UNION NATIONAL BANK OF 6/27/96 62,337.39 0017791 INDIAN RIVER FARMS WATER 6/28/96 150.00 0017792 DEPAR'T'MENT OF ENVIRONMENTAL 6/28/96 250.00 0017793 MC PHEE, RUTHIE LEE 6/28/96 300.00 0017794 ALEXANDER, MARK 6/28/96 300.00 0017795 YOUNG, RAY 6/28/96 300.00 0017796 ZIMMERMANN, KARL 6/28/96 3,422.00 0017797 SIMMONS, MICHAEL W 6/28/96 300.00 0204777 GILLESPIE, JOHN AND/OR GWEN 6/21/96 .00 0204887 VOIDED WARRANTS OR RECEIP 6/27/96 .00 82,563.39 0017798 COX, MARY 7/01/96 300.00 0017799 RELIABLE ROOFING & REPAIR,INC 7/01/96 2,000.00 0017800 FIRST AMERICAN TITLE CORP 7/02/96 10,000.00 0205293 ACTION PRINTERS 7/03/96 172.75 0205294 ADVANCED GARAGE DOORS, INC 7/03/96 193.00 0205295 ALPHA ACE HARDWARE 7/03/96 167.54 0205296 AT YOUR SERVICE 7/03/96 2,166.68 0205297 A T C 0 TOOL SUPPLY 7/03/96 309.48 0205298 AUTO SUPPLY CO OF VERO BEACH, 7/03/96 1,254.04 0205299 ALL POWER SERVICES, INC 7/03/96 115.00 0205300 ANTHEM LIFE HEALTH TRUST 7/03/96 90,325.37 0205301 ANTHEM LIFE INSURANCE CO 7/03/96 16,247.79 0205302 ALRO METALS SERVICE CENTER 7/03/96 210.68 0205303 ALL RITE WATER CONDITIONING 7/03/96 33.00 0205304 AVANTI INTERNATIONAL 7/03/96 356.00 0205305 AUTO PARTS UNLIMITED 7/03/96 5.90 0205306 A T & T 7/03/96 2.87 0205307 AMERICAN FAMILY LIFE ASSURANCE 7/03/96 47-.16 0205308 ATLANTIC COASTAL TITLE CORP 7/03/96 229.00 0205309 AIR CENTER OF FLORIDA, INC 7/03/96 126.90 0205310 ASPHALT BLOCK CONCRETE 7/03/96 800.00 0205311 ALLEN, CHERI 7/03/96 129.62 0205312 A D B S 7/03/96 9.99 0205313 ANDERSON, PERNELL 7/03/96 38.25 JULY 169 1996 2 S L CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0205314 BAKER BROTHERS, INC 7/03/96 507.79 0205315 BARTH CONSTRUCTION 7/03/96 500.00 0205316 BOARD OF COUNTY COMMISSIONERS 7/03/96 4,692.99 0205317 BLACKHAWK QUARRY COMPANY 7/03/96 19,993.71 0205318 BRESETT, DOROTHY JEANNE 7/03/96 83.92 0205319 BARTON, JEFFREY K -CLERK 7/03/96 2,198.25 0205320 BARTON, JEFFREY K -CLERK 7/03/96 70.00 0205321 BERGGREN EQUIPMENT CO, INC 7/03/96 50.30 0205322 B & B INDUSTRIAL SUPPLY CO. 7/03/96 2,270.40 0205323 BOEBINGER INTERNATIONAL, INC 7/03/96 107.65 0205324 BOWNE OF ATLANTA, INC 7/03/96 6,534.00 0205325 BLAIS ELECTRIC, INC 7/03/96 142.05 0205326 BOYNTON PUMP & IRRIGATION 7/03/96 554.11 0205327 BREVARD BOILER CO 7/03/96 6,030.00 0205328 B & S INDUSTRIES, INC 7/03/96 956.65 0205329 BELLSOUTH 7./03/96 1,294.77 0205330 BUCK HEAD PRODUCTS SYSTEMS 7/03/96 510.17 0205331 B & H PHOTO -VIDEO, INC 7/03/96 47.28 0205332 BARNSTEAD THERMOLYNE 7/03/96 222.00 0205333 BOYKIN, ROY 7/03/96 30.00 0205334 CAMP, DRESSER & MCKEE, INC 7/03/96 23,970.00 0205335 CHILTON BOOK COMPANY 7/03/96 15.21 0205336 COLKITT SHEET METAL & AIR, INC 7/03/96 203.90 0205337 COMMUNICATIONS INT, INC 7/03/96 2,581.65 0205338 COASTAL CONSTRUCTION OF 7/03/96 57,594.00 0205339 CLIFF BERRY, INC 7/03/96 260.00 0205340 CRAFTS & STUFF 7/03/96 23.84 0205341 C4 IMAGING SYSTEMS, INC 7/03/96 159.07 0205342 CLIFFORD, MIKE 7/03/96 115.00 0205343 CALHOUN, TARA 7/03/96 25.50 0205344 CHICAGO BLOWER CORP 7/03/96 5,828.00 0205345 CENTRAL A/C & REFRG SUPPLY 7/03/96 364.30 0205346 DAVES SPORTING GOODS 7/03/96 936.60 0205347 DEBLOIS, ROLAND M. 7/03/96 170.69 0205348 DELTA SUPPLY CO 7/03/96 1,982.47 0205349 DICKERSON FLORIDA, INC 7/03/96 2,854.73 0205350 DICKEY SCALES, INC 7/03/96 1,280.55 0205351 FLORIDA DEPARTMENT OF BUSINESS 7/03/96 151.62 0205352 DAVIS, BETTY 7/03/96 24.00 0205353 DATA SUPPLIES, INC 7/03/96 252.03 0205354 DATA FLOW SYSTEMS, INC 7/03/96 55.00 0205355 DATA RESEARCH, INC 7/03,/96 64.70 0205356 DAWKINS, DEMETRUS A 7/03/96 30.00 0205357 DEPARTMENT OF ENVIRONMENTAL 7/03/96 125.00 0205358 DADE PAPER COMPANY 7/03/96 213.67 0205359 DAVIS, BRENDA 7/03/96 11.60 0205360 E -Z BREW COFFEE SERVICE, INC 7/03/96 21.25 0205361 ERCILDOUNE BOWLING LANES 7/03/96 203.00 0205362 E G P, INC 7/03/96 110.00 0205363 EAST COAST SOD 7/03/96 12,685-.50 0205364 ENVIRONMENTAL WATERWAY 7/03/96 104.00 0205365 EAST COAST LASER & TONER 7/03/96 150.00 0205366 ELECTROSWITCH CORP 7/03/96 163.51 0205367 E G & G ROTRON 7/03/96 19,552.34 0205368 FLORIDA COCA-COLA BOTTLING CO 7/03/96 207.85 0205369 0205370 F P & L FLORIDA STATE UNIVERSITY 7/03/96 7/03/96 10,255.76 0205371 FORESTRY SUPPLIERS, INC 7/03/96 27.00 59.32 0205372 FRASER ENGINEERING & TESTING 7/03/96 90.00 0205373 FLORIDA FILTERS, INC 7/03/96 246.21 0205374 FLOWERS BAKING COMPANY OF 7/03/96 60.14 0205375 FLORIDA TIRE RECYCLING, INC 7/03/96 817.20 0205376 FLORIDA TRANSCOR, INC 7/03/96 9,923.00 0205377 FALZONE, MATTHEW 7/03/96 38.25 0205378 FERGUSON ENTERPRISES, INC 7/03/96 17,554.01 0205379 FORCE MANUFACTURING, INC 7/03/96 65.03 0205380 GATEWAY 2000 7/03/96 399.00 0205381 GENE'S AUTO GLASS 7/03/96 343.90 0205382 GEORGE W FOWLER CO 7/03/96 444.32 0205383 GLIDDEN COMPANY, THE 7/03/96 8.44 0205384 0205385 [FALLS, INC GEAC COMPUTERS, INC 7/03/96 7_/03/96 188.75 2,287.75 JULY 169 1996 3 8®ox 98 PAC153 3 JULY 169 1996 4 BOOK 98 FAGS 594 CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0205386 GOODYEAR TIRE & RUBBER 7/03/96 1,128.53 0205387 GEORGIA RUBBER 7/03/96 323.05 0205388 GOLF SPECIALTIES 7/03/96 1,888.84 0205389 GUIN, JAMES C 7/03/96 11.00 0205390 GENT, SAMUEL, E 7/03/96 30.00 0205391 HARRIS SANITATION 7/03/96 66.50 0205392 HARRISON COMPANY, THE 7/03/96 66.90 0205393 HELENA CHEMICAL CO 7/03/96 226.88 0205394 HI -TECH SERVICING TECH 7/03/96 1,111.50 0205395 HOLIDAY BUILDERS, INC 7/03/96 1,000.00 0205396 HERITAGE BOOKS, INC 7/03/96 73.00 0205397 HILL MANUFACTURING CO 7/03/96 450.61 0205398 HACH SUPPLY 7/03/96 1,001.80 0205399 H F LENZ CO 7/03/96 3,322.55 0205400 HORIZON NURSERY 7/03/96 640.80 0205401 HEALTHSOUTH TREASURE COAST 7/03/96 1,000.50 0205402 HOOVER CONTAINMENT INC 7/03/96 1,100.00 0205403 INDIAN RIVER COUNTY SHERIFF'S 7/03/96 373.00 0205404 INDIAN RIVER ACE PAINT 7/03/96 420.64 0205405 INDIAN RIVER BATTERY 7/03/96 89.00 0205406 INDIAN RIVER BLUE PRINT, INC 7/03/96 677.56 0205407 INDIAN RIVER COUNTY UTILITIES 7/03/96 2,049.40 0205408 INDIAN RIVER GLASS AND MIRROR 7/03/96 892.00 0205409 INDIAN RIVER MEMORIAL HOSPITAL 7/03/96 85.50 0205410 INGRAM 7/03/96 156.00 0205411 INTERNATIONAL ASSOCIATION 7/03/96 90.00 0205412 INDIAN RIVER COUNTY 7/03/96 162.00 0205413 INDIAN RIVER MEMORIAL HOSPITAL 7/03/96 304.00 0205414 INTERSTATE BILLING SERVICE 7/03/96 29.95 0205415 I B M CORP 7/03/96 490.00 0205416 INDIAN RIVER MEMORIAL HOSPITAL 7/03/96 5,709.82 0205417 ROY CLARK 7/03/96 975.00 0205418 I B M CORP W6N 7/03/96 1,572.90 0205419 INMAC 7/03/96 114,77 0205420 INSTITUTE OF TRANSPORTATION 7/03/96 410.00 0205421 HOMELAND IRRIGATION CENTER 7/03/96 86.34 0205422 JACKSON ELECTRONICS 7/03/96 15.20 0205423 JOHN SELLERS PHOTOGRAPHY 7/03/96 5.55 0205424 JOHN WILEY & SONS, INC 7/03/96 2.50 0205425 JUNO INDUSTRIES 7/03/96 186.41 0205426 JIMMY'S WELDING & AUTO REPAIR 7/03/96 440.00 0205427 JONES, LUTHER 7/03/96 66.93 0205428 JONES CHEMICALS, INC 7/03/96 7,767.14 0205429 KEATING, ROBERT M 7/03/96 29.58 0205430 KNIGHT & MATHIS, INC 7/03/96 407.59 0205431 K & S RIP RAP SERVICES 7/03/96 4,970.00 0205432 KELLY TRACTOR 7/03/96 81.16 0205433 KILPATRICK TURF EQUIPMENT INC 7/03/96 82.09 0205434 KIRBY AUTO SUPPLY 7/03/96 163.56 0205435 KIRLIN, JOHN J INC OF FLORIDA 7/03/96 138,499.92 0205436 KLINK, RICHARD 7/03/96 880.00 0205437 KOERNER, DENNIS 7/03/96 11.60 0205438 KAPLAN D.C.,KAREN 7/03/96 76.00 0205439 LAWYERS COOPERATIVE PUBLISHING 7/03/96 150.05 0205440 LESCO, INC 7/03/96 438.20 0205441 LABELLA D.C, ARTHUR 7/03/96 363.00 0205442 LIGHT SOURCE -TONER SUPPLY 7/03/96 160.55 0205443 LYBEN COMPUTER SYSTEMS 7/03/96 193.35 0205444 LOGANS SHARPENING AND 7/03/96 20.46 0205445 MAXWELL PLUMBING, INC 7/03/96 257.71 .0205446 MAXWELL & SON, INC 7/03/96 1.00 0205447 MIKES GARAGE 7/03/96 25.00 0205448 MOODY TIRE, INC 7/03/96 31.00 0205449 MCMASTER-CARR SUPPLY COMPANY 7/03/96 342.34 0205450 M & W PUMP CORP 7/03/96 1,259.02 0205451 MACHO PRODUCTS, INC 7/03/96 26.90 0205452 MERCURY TECHNOLOGIES 7/03/96 242.04 0205453 MORA, CHRISTOPHER R 7/03/96 50.99 0205454 MR BOB PORTABLE TOILET 7/03/96 62.28 0205455 MCNEAL, JAMES 7/03/96 250.00 0205456 MRI -NET, INC 7/03/96 450.00 0205457 NORTH SOUTH SUPPLY 7/03/96 40.25 JULY 169 1996 4 CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0205458 NATIONAL PROPANE CORP 7/03/96 76.68 0205459 OFFICE PRODUCTS & SERVICE 7/03/96 224.68 0205460 OMNI BUSINESS SYSTEMS, INC 7/03/96 120.00 0205461 OFFICE DEPOT, INC 7/03/96 695.00 0205462 PARKS RENTAL 7/03/96 46.47 0205463 PETERSON'S 7/03/96 24.68 0205464 PETTY CASH 7/03/96 45.00 0205465 PRIDE OF FLORIDA 7/03/96 6,110.55 0205466 PROCTOR CONSTRUCTION 7/03/96 500.00 0205467 POSTMASTER 7/03/96 320.00 0205468 PAVCO CONSTRUCTION, INC 7/03/96 18,084.46 0205469 PORT PETROLEUM, INC 7/03/96 1,445.81 0205470 PITMAN TRACTOR & EQUIPMENT 7/03/96 2,677.50 0205471 PAT'S AUTO PARTS 7/03/96 37.92 0205472 PICKERING, KYLE 7/03/96 68.00 0205473 R & J CRANE SERVICE, INC 7/03/96 225.00 0205474 RADIO SHACK ACCT RECEIVABLE 7/03/96 300.46 0205475 RUSSO PRINTING, INC 7/03/96 271,50 0205476 RAY PACE'S WASTE EQUIPMENT,INC 7/03/96 407.61 0205477 R GEORGE & ASSOC, INC 7/03/96 7,435.85 0205478 RANGER CONSTRUCTION IND, INC 7/03/96 1,472.16 0205479 R & G SOD FARMS 7/03/96 120.00 0205480 ROYALE PALM PAINTS 7/03/96 115.00 0205481 ROSS, TONY 7/03/96 189.12 0205482 REGAL MINNEAPOLIS HOTEL 7/03/96 255.99 0205483 SAFETY EQUIPMENT COMPANY 7/03/96 41.50 0205484 SCOTTY'S, INC 7/03/96 581.11 0205485 SEBASTIAN BUSINESS SUPPLY, INC 7/03/96 37.46 0205486 SEWELL HARDWARE CO, INC 7/03/96 29.42 0205487 SHELL OIL COMPANY 7/03/96 1,127.83 0205488 SIR SPEEDY 7/03/96 98.70 0205489 SHAW, DAVID D C 7/03/96 263.00 0205490 STATE ATTORNEY 7/03/96 7,916.31 0205491 SUDDEN IMAGES 7/03/96 5.89 0205492 ST JOHN'S RIVER WATER MGMT 7/03/96 50.00 0205493 SERVICE REFRIGERATION CO, INC 7/03/96 59.00 0205494 SKATE TOWN USA 7/03/96 906.00 0205495 SIMON & SCHUSTER CONSUMER 7/03/96 517.88 0205496 SERVPRO OF INDIAN RIVER 7/03/96 65.00 0205497 SUPERVISOR OF ELECTIONS 7/03/96 12,071.00 0205498 SUBSTANCE ABUSE COUNCIL 7/03/96 1,460.64 0205499 SCHUCKERS, GERALD 7/03/96 364.88 0205500 SPHINX PUBLISHING 7/03/96 194.06 0205501 SUPERIOR PRINTING 7/03/96 174.75 0205502 SYSCO FOOD SERVICE 7/03/96 258.98 0205503 STEWART INDUSTRIES 7/03/96 13,121.08 0205504 SIMS, MATTHEW 7/03/96 136.30 0205505 STERLING HOUSE CORP. 7/03/96 68,136.90 0205506 SECURITYLINK FROM 7/03/96 1,090.00 0205507 SUNNYLAND CLEARING 7/03/96 20,212.50 0205508 STEWART, A H 7/03/96 493.00 0205509 TAMPA ARMATURE WORKS, INC 7/03/96 2,285.00 0205510 TAYLOR RENTAL CENTER 7/03/96 125.00 0205511 TRODGLEN PAVING, INC 7/03/96 2,003.76 0205512 TREASURE COAST CONTRACTING,INC 7/03/96 940.00 0205513 TECHNOLOGY PARTNERS 7/03/96 120.00 0205514 TONY'S CARPET & UPHOLSTERY 7/03/96 60.00 0205515 TRI-DIM CORP 7/03/96 419.48 0205516 THOMPSON, ROBERT 7/03/96 200.00 0205517 TABAR, JEFFREY 7/03/96 21.20 0205518 UNIVERSAL SIGNS & ACCESSORIES 7/03/96 242.50 0205519 UTILITY SUPPLY OF AMERICA 7/03/96 405.30 0205520 UNITED HORTICULTURAL SUPPLY 7/03/96 562.20 0205521 U S WEST DIRECT 7/03/96 32.05 0205522 VERO BEACH PRESS JOURNAL 7/03/96 199.32 0205523 VERO BEACH, CITY OF 7/03/96 5,075.34 0205524 VERO LAWNMOWER CENTER, INC 7/03/96 170.50 0205525 VERO BOWL 7/03/96 498.00 0205526 VERO BEARING & BOLT 7/03/96 519.63 0205527 VERO ON LINE INC 7/03/96 59.80 0205528 W S DARLEY & CO 7/03/96 79.93 0205529 WADSWORTH, DENNIS 7/03/96 8.00 0205530 WAL-MART STORES, INC 7/03/96 90.32 Y 16 JUL , 1996 5, L snoK 98 FArF:5.35 r BOOK 98 pAv 536 CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0205531 WEST PUBLISHING CORP 7/03/96 1,241.60 0205532 WINN DIXIE STORES, INC 7/03/96 384.96 0205533 WAL-MART STORES, INC 7/03/96 32.39 0205534 WHITE, THOMAS 7/03/96 150.80 0205535 WILLHOFF, PATSY 7/03/96 130.00 0205536 WOLFE, MEGAN 7/03/96 41.43 0205537 WRIGHT, VICKIE 7/03/96 500.00 0205538 ZEE MEDICAL SERVICES 7/03/96 35.99 0205539 ZEPHYRHILLS SPRING WATER CO 7/03/96 19.90 0205540 SABONJOHN,PETER 7/03/96 22.70 0205541 J & J INVESTMENTS 7/03/96 11.00 0205542 TOZZOLO BROTHERS 7/03/96 28.16 0205543 BRUCE SMITH CUSTOM HOMES 7/03/96 37.13 0205544 R ZORC & SONS BUILDERS INC 7/03/96 40.41 0205545 ORCHID ISLAND JUICE COMPANY 7/03/96 37.40 0205546 SCHLITT'MICHAEL 7/03/96 2.10 0205547 ROSSWAY, ARLENE. 7/03/96 48.17 0205548 SAUSE, MARIE T 7/03/96 56.78 0205549 ANDERSSON, ULF 7/03/96 45.60 0205550 MC ALLISTER, DONNA & TOM 7/03/96 44.95 0205551 COLLINS STELLA 7/03/96 79.83 0205552 DUNN, LYNETTE C 7/03/96 4.39 0205553 BIENKOWSKI, ELIZABETH 7_/03/96 81.77 0205554 LIOTTA, ANTHONY 7/03/96 37.23 0205555 BORKIN, LARRY 7/03/96 28.21 0205556 PARKER, ALZINA A 7/03/96 35.12 0205557 GENSEL, AMY 7/03/96 55.38 0205558 PATTERSON, KRISTA J 7/03/96 14.20 0205559 DUNNE, GARY 7/03/96 21.84 0205560 KATIE, LINDA 7/03/96' 7.19 0205561 C & T INC 7/03/96 88.37 0205562 COX, ANN 7/03/96 54.67 0205563 TURNER, KRISTA 7/03/96 18.02 0205564 CHRIST, PAUL E 7/03/96 18.71 0205565 HARE, DENISE E 7/03/96 11.78 0205566 PEREZ, RAUL L 7/03/96 13.58 0205567 MERIDIAN BUILDING INC 7/03/96 50.08 0205568 CASE, TRUDI P 7/03/96 81.27 0205569 DUFRENE, DORIS 7/03/96 64.63 0205570 GROZA BUILDERS 7/03/96 23.93 0205571 TODD, CAROLYN 7/03/96 85.57 0205572 FERBER, FREDERICK G 7/03/96 25.36 0205573 J C WELTON CONST INC 7/03/96 18.40 0205574 ART KRIEGER CONSTRUCTION 7/03/96 42.01 0205575 BASS JR, MARVIN PRENTIS 7/03/96 29.00 0205576 FRAZIER, FAITH G 7/03/96 26.74 0205577 ALPHONSE, JEAN 7/03/96 35.55 0205578 GLENDALE 7/03/96 840.00 0205579 GLENDALE INDUSTRIAL PARK 7/03/96 400.00 0205580 BAUER, MARIAN J 7/03/96 54.45 0205581 ZOLGA, STEVEN M 7/03/96 54.28 0205582 CHILDERS, RUBY 7/03/96 53.00 0205583 WILLIAMS, ROBERT T 7/03/96 52.64 0205584 MANK OR, PHILIP J 7/03/96 52.60 0205585 CHRISTY, GEORGE 7/03/96 52.54 0205586 ANDERSON, TOM 7/03/96 52.53 723,891.73 C. Miscellaneous Budget Amendment #025 The Board reviewed a Memorandum of July 10, 1996: JULY 169 1996 6 � � r TO: Members of the Board of County Commissioners DATE: July 10, 1996 SUBJECT: MISCELLANEOUS BUDGET AMENDMENT 025 CONSENT AGENDA FROM: Joseph A Bair OMB Directorl, DESCRIPTION AND CONDITIONS The attached budget amendment is to appropriate funding for the following: 1. Road and Bridge department has a asphalt patcher budgeted at a cost of $45,000. They planned to mount the asphalt patcher on an existing truck. The truck is old and is not worth mounting the asphalt patcher onto. Road and Bridge has sold approximately $39,000 in surplus equipment his year. They would like to utilize these funds to purchase the truck. 2. Park Improvements that were to be completed in fiscal year 1994/95 were not done until the 1995/96 fiscal year. The attached entry appropriates $75,000 for these projects. 3. The Solid Waste Disposal District did recycling advertisements with Harris, Treasure Coast, CDM, and the City of Vero Beach. The $1,364.25 of revenue they received from these entities needs to be appropriated to offset expenses. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached budget amendment 025. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved Miscellaneous Budget Amendment #025, as recommended by staff. TO: Members of the Board BUDGET AMENDMENT: 025 of County Commissioners FROM: Joseph A Bair OMB Directo DATE: July 10, 1996 Entry Number Funds/Department/Account Name Account Number Increase Decrease 1. REVENUE TRANSPORTATION FUND/ Road and Bridge/Surplus Property 111-000-364-041.00 $39,000 $0 EXPENSE TRANSPORTATION FUND/ Road and BridgeJAutomotive 111-214-541-066.42 $39,000 $0 2 EXPENSE GENERAL FUND/PARKS/ Construction in Progress 001-210-572-066.51 $75,000 $0 GENERAL FUND/Reserve for Contingency 001-199-581-099.91 SO- $75,000 3 REVENUE S.W.D.D./Recycling/Contributions 411-000-366-094.00 $1,365 $0 EXPENSE S.W.D.D./Recycling/Adventising 411-255-534-034.81 $1,365 $0 JULY 169 19967 90 n pp 800K FAGS 537 BOOK 98 FACF 538 A Chief judge - Reimbursement of Legal Expenses - Supreme Court The Board reviewed a Memorandum of July 10, 1996: TO: The Board of County Commissioners FROM: William G. Collins 11 - Deputy County Attorney DATE: July 10, 1996 SUBJECT: Reimbursement of Chief Judge's Legal Expenses Before Supreme Court On March 26, 1996 the Board of County Commissioners approved payment of $2,739.50 to the firm of Clem, Polackwich, Vocelle i Taylor as reasonable expenses of the Office of the Chief Judge of the Circuit in legal defgnse of his right to appoint county judges as acting circuit judges. The expenses involved a Writ of Prohibition against the Fourth District Court of Appeal which vacated Judge Vocelle's order appointing a county judge to hear a circuit court felony case and an appeal to the Florida Supreme Court. A $1,021.01 billing for the case was presented to the Board as part of the March 26, 1996 agenda item, however, our office was under the impression that this bill was a subtotal of the $2,739.50 bill paid rather than for a separate case before the Supreme Court. Recommendation: Authorize disbursement of $1,021.01 to the firm of Clem, Polackwich, Vocelle a Taylor pursuant to F.S. 34.171 as a reasonable expense of the Chief Judge of the Nineteenth Judicial Circuit in defending before the Supreme Court his power of appointment of county judges to hear felony circuit court cases. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved disbursement of $1,021.01 to the firm of Clem, Polackwich, Vocelle & Taylor, as recommended by staff. E. Vero Beach High School Marching Band - Loan 2 Golf Carts The Board reviewed a Memorandum of July 5, 1996: TO: Board of County FROM: Bob xomar4rijkz/,1196lf flub Director DATE: July 5, RE: Temporary Loan of Two Golf Carts to the Vero Beach High School Marching Band - CONSENT AGENDA A request has been made on behalf of the Vero Beach High School Marching Band by the Band Boosters to borrow two of the County's golf carts for use in their annual band camp training in Tallahassee August 3-9, 1996. (Please see the attached memo from Jeff Smith, Treasurer of the Band Boosters.) Since the first week in August is typically a very slow one, we would have two golf carts which could be loaned out and feel that the gesture would be in the public interest for the golf course by supporting a well-known group which attracts golfing tourists to our community. We also feel that this good -will gesture on the part of the County golf course may encourage members of the band itself to take up golf. We, therefore, recommend that you approve the one-week loan. JULY 169 1996 8 Chairman Adams felt lending the golf carts should be established for this use and perhaps allowed for other uses as well. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously approved the one-week loan of 2 golf carts to the Vero Beach High School Marching Band, as recommended by staff. PUBLIC HEARINGS SEBASTIAN HIGHLANDS SCRUB LAAC PROJECT - PROPOSED PURCHASE OF ATLANTIC GULF COMnRNI7['IES (AGC) LOTS PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RNER: STATE OF FLORIDA Before the oath says that he is Preu t of thejftft Pres-,bumal personally � ed � K.' �s who an n ndan RNer Courlty. Florida; that the attached of published at vera Beach � of fit, bang Y1i1 Lr _ M dr I In the Court. was Pub. ROW n Sala newspaper in the Issues of MIM further says that the said Press,lourtlal is a newspaper publishul at Vero Beech, in oDrltlnuola9y publahed n � Ir1nr River that the said hes heretofore been seonnd dans mal matter at the post office in Vero q. B Beacin said Man h. Courty� F� of att�M furtof am year, her preos& g the fusel publoation of the atU dW oopy of fa in aeid���dsssionn or rehr4 for the he hasneiUm paid nor � 7= ft o"~Upw~a~~•. • newspaper. Q••�'.." "• D.,A q ..�OTAgy :�t:y: i; ' t- " • IWIE U. Comm. Egftee : .tune 29.1997 Ito. CC3M72 OF'yy...f0'',�• FROM V = RJUMZA C. SPRAGUE. NOTARI/ PUBLIC. rya«..w.•�' eip wd: NOWY BARBARA C. SPRAGUE The Board reviewed a Memorandum of July 1, 1996: SUBJECT: James E. Chandler County Administrator 777MENT HEAD CONCURRENCE: 7 111f,Z ober Kea i , AIC Community Develo ent irector Roland M. DeBlois, ICP Chief, Environmental Planning PROPOSED PURCHASE OF ATLANTIC GULF COMMUNITIES (AGC) LOTS WITHIN THE SEBASTIAN HIGHLANDS SCRUB LAAC PROJECT DATE: July 1, 1996 �9 ProP u e ~P wsk'r a od VA YI 116J4MT. .A1{.T le, leSAl Q e$ �, (�1E ft Y a rsedeeiiq d a MMOV eepiu9, edetiielerJune 19.1999f. Anrde weo mq ee9� 9=111=d= � aq a mese a ewe me�p werow� eum to a vatee9m moose d to P 096*pe b -ft. reYa� ftkd. NOWN aro evwe upon ANYONE wM0 NEWS A 9SCIAL ACCOM ODA. TION FOR THIS M ETM MUST CONTACT THE �CAOpUAN)TY'S AMEICANS WITH OGASL ES ACT aING. eb HOURS N ADVANCE AT O MEET - AT �' I ROM RMM COUNTY 9DAF D OF COUNTY COMMGSDGRS BKSFwnB.Aaems ChWW AA 73.1998 1314M It is requested that the informatiop herein presented be given formal consideration by Board of County Commissioners at its regular meeting of July 16, 1996. JULY 169 1996 9 BOOK 98 FACF 539 BOOK 98 Pai;E 540 Buzau= Staff recommends that the Board of County Commissioners approve County purchase of 50 lots owned by Atlantic Gulf Communities (AGC), as a first phase of acquisition within the Sebastian Highlands Scrub project. The executed option contract pertains to 56 AGC lots, but staff is negotiating to reduce that number to 50 by eliminating 6 lots outside of the project "core" area. The purchase is summarized as follower Purchaser: Indian River County Board of County Commissioners / Florida Communities Trust (Indian River County will hold title) Seller: Atlantic Gulf Communities Cost -Share: Florida Communities Trust (509) (includes share of acquisition costs) Total Price: 56 lots - $225,000 (average +:4,017 per lot) (50 lots - $183,800) other Costs: +;15,000 (appraisal, environ. audit, title Insurance, management plan) Cony Bonds Bxpenditure: 56 lots - +¢120,000 (not including init. manage. costs) (50 lots - +:99,400) Acreage: 56 lots (+1/4 acre each, +14 acres) (50 lots - +12.5 acres) Principal condition: • Closing subject to County Commission and FCT Governing Body approval of purchase contract and project plan, including management plan. LAAC Recommendation: • At an April 3, 1996 Land Acquisition Advisory Committee (LAAC) meeting, a motion for LAAO to support purchase of the 56 AGC scrub lots failed by a vote of 7 to 5 (see attached LAAC minutes). The Committee also voted on a motion to condition the AGC lots purchase upon an 809 positive sale response from individual lot owners within the "core" area (behind Pelican Island Elementary School), but that motion failed as well. The attached purchase contract and management plan were considered by the Board of County Commissioners at its meeting of April 9, 1996, at which time the Board ratified the option agreement and project plan for submittal to the Florida Communities Trust (FCT). Subsequently, the FCT approved the Sebastian Highlands Scrub/AGC lots project plan. This matter is now being brought back to the Board to fulfill a State statute requirement that the County hold a public meeting after having provided at least 30 days advertised public notice to formally consider exercising its purchase option for the Sebastian Highlands Scrub/AGC lots. The State requirement that the Board hold a public meeting to consider exercising its option after having provided 30 days advertised notice of the meeting applies because the County chose to keep its appraisals of the subject property confidential until the seller executed a binding option contract. Once that option contract had been signed, the appraisals were released and have been available to the public during the 30 day period prior to the advertised public meeting. Besides meeting State statute requirements, the hearing on the Sebastian Highlands Scrub/AGC lots purchase will serve to meet a Land Acquisition Guide requirement that the County hold a public hearing prior to purchasing any property with land acquisition bond funds. DESCRIPTION AND CONDITIONS The subject Sebastian Highlands Scrub property was approved in early 1995 as a Florida Communities Trust (FCT) 508 cost -share project. In 1995, the Sebastian Highlands Scrub project was ranked 14 out of 19 projects on the LAAC site acquisition list. The City of Sebastian has expressed support of the overall project because the project will alleviate conflicts within the City concerning endangered species protection vs. private development rights. The overall Sebastian Highlands Scrub project approved for FCT cost -share funding consists of 182 lots. Although the total 182 lot project has been approved for cost -share funding, the U.S. Fish and Wildlife Service (FWS) has indicated that the critical "core" area needing protection consists of +120 lots in the vicinity of the Pelican Island Elementary School, as well as a block of unimproved lots owned by AGC northwest of the school (see attached map). As an acquisition strategy, county and state staff have proceeded in negotiating an option contract with Atlantic Gulf Communities (AGC) as a "first phase" of the overall acquisition. AGC owns 56 of the 182 lots, and is the single largest landowner in the JULY 169 1996 10 M M project. As a second phase, county staff has mailed offers to +100 individual lot owners within the core project area near the Pelican Island Elementary School. As of the writing of this memorandum, staff has received signed contracts from approximately 408 of the individual lot owners. That percentage combined with the AGC lots, plus 4 lots already owned by the City of Sebastian, represents +608 of the core project area. All but 6 of the 56 AGC lots are located within the core area identified by the FWS. When this matter was brought before the Board in April, AGC indicated that it would sell the total 56 lots only as a bulk sale. Since April, however, staff has continued negotiating with AGC representatives to eliminate from purchase those AGC lots outside of the project core area. Staff has recently received a positive response from AGC that it will eliminate the 6 "outer" lots, subject to a contract amendment approved by AGC, FCT, and the County. Because of potential management difficulties associated with non- contiguous lots, the Board of County Commissioners, at its April 9, 1996 meeting, directed staff to have more discussions with the Fish and Wildlife Service (FWS) to determine the minimum number of lots necessary for the acquisition to succeed as a mitigation project. Subsequently, on April 18, 1996, county staff and the Commission chairman met with FWS staff on this issue. At that meeting, FWS staff indicated that the FWS would not accept only the 56 AGC lots as sufficient mitigation to release the remaining scrub lots in the subdivision for development. FWS staff did indicate, however, that it would further review the project boundaries to determine if any of the overall +180 lots were non-essential to the project. As of the writing of this memorandum, county staff has yet to receive an official written response from the FWS on the subject. However, county staff expect a written reply prior to the July 16, 1996 hearing, and will report to the Board at that time. Another issue discussed at the April Board meeting was the abandonment of undeveloped public rightsr-of-way associated with the 34 AGC lots off Schumann Drive. Staff's finding is that the City of Sebastian is the entity with authority to abandon the rights-of- way, and the City has indicated that it would be willing to do so. Site Characteristics The subject AGC lots consist of scrubby flatwoods, xeric oak scrub, and sand pine scrub in Unit 17 of the Sebastian Highlands. Of the 56 lots, 16 are located in the vicinity of the Pelican Island Elementary School; 34 lots comprise a contiguous block northwest of the school; and 6 lots - proposed to be eliminated from the purchase - are outside of the FWS' core area. The 34 contiguous lots (in Blocks 584, 585, and 586) northwest of the school are scrubby flatwoods with patches of open sand and oak scrub. Most of these 34 lots border "paper" roads that were never built, and consequently 30 of these lots are inaccessible for immediate development. The Fish and Wildlife Service considers this 34 lot area important for acquisition, because the contiguity of the lots provides a good management unit of existing scrub jay territory. The 16 lots in the vicinity of the school are non-contiguous, but are an essential element of the core project area. These 16 lots will be part of a contiguous management unit as the County makes progress in purchasing lots from individual landowners within this area. •Ownership Characteristics Currently, the subject lots are owned by Atlantic Gulf Communities. The tax assessed value of each of the lots ranges from $2,500 to $11,410, depending on the size and accessibility of the lot. •Acquisition Cost -Share & Property Management Two issues which are important to LAAC staff with respect to all proposed purchases are obtaining cost share assistance in property acquisition and addressing management costs. Cost -Share In 1994, Indian River County submitted an application to the FCT, which was subsequently approved for 508 cost -share funding, including 508 of pre-acquisition expenditures (e.g., environmental audit, appraisals). JULY 169 1996 i i BOCK 98Wu 54'1 BOOK 98 P,%F 542 Management Costs Besides cost share, management cost is always an issue with environmental lands acquisition. The FCT program, which is highly competitive state-wide, awards points for projects based on the provision of resource-based public access and use facilities. In order to qualify for FCT cost -share funding, the County obligated itself in its FCT application to provide limited access and resource-based facilities on the overall project property. Specifically, conditions of the Conceptual Approval Agreement include County provision of nature trails, a picnic area, information kiosk, gazebo, and limited parking. Management of scrub habitat is also a described management plan condition for the project. Although the management plan has been drafted for the overall Sebastian Highlands Scrub project, it addresses the AGC portion of the project substantially as,a "stand alone" management unit, in the event that the County is not completely successful in acquiring the remaining scrub lots in the FWS core area. A number of initial site improvements, including fencing and resource management, can be paid for with bond referendum funds as part of the property acquisition. Improvements such as limited parking will need to be funded by a source other than referendum monies. Potential funding sources include park development grants, county mitigation funds, and tree removal violation funds. Relating to long term management, the property will be incorporated into the county -wide park system and managed by the County Parks Division in coordination with county environmental planning staff. Volunteer groups will be asked to assist the County with certain aspects of property management such as nature trail up -keep and litter patrol. The County has executed an interlocal agreement with the City of Sebastian regarding City assistance in policing the property. In all other respects, however, the County will be responsible for property management. County staff have opted to have a management plan for the project drafted by the county's acquisition/management consultants, an option which is specified in the County's contract with FloridAffinity, Inc. Page 25 of the draft plan summarizes estimated management and development costs of the overall Sebastian Highlands Scrub project. This draft plan is for the total acquisition project, and may be subject to change depending on the County's success in negotiating purchases of additional lots in the overall Sebastian Highlands Scrub .project. *Appraisal In accordance with County Land Acquisition Guide and FCT procedures, an independent appraisal was obtained to determine an approved appraised value of the lots. Because the value of the combined AGC lots did not exceed $500,000, only one appraisal was required to satisfy state and county procedural requirements. The appraisal firm selected was Armfield & Wagner. The appraisal was subsequently certified by a review appraiser (Boyle Appraisal Service), as required by the FCT. The appraised value for the combined 56 lots is summarized as follows. SEBASTIAN HIGHLANDS SCRUB - 56 AGC LOTS APPRAISER VALUE 8 DIVERGENCE APPROVED APPR. VALUE Armfield & Wagner $234,500 N/A $234,500 The negotiated purchase price of $225,000 is 968 of the approved appraised value. (The appraised values of the 56 individual AGC lots are summarized in an attachment to this memorandum.) Reducing the negotiated price by the appraised value of the 6 outer lots, which are proposed to be eliminated from the acquisition, results in a purchase price of $183,800 for 50 lots. *Contract In coming to terms with FCT and county staff on the negotiated purchase price (subject to County Commission and FCT approval), the seller has executed a standard FCT purchase contract Option JULY 169 1996 12 Agreement with minor modifications. A copy of that contract is attached to this staff report. (Purchase of only 50 of the lots will require a contract amendment). ANALYSIS *Multiple Benefits • Environmental Education As with most of the County's proposed acquisitions, the Sebastian Highlands Scrub AGC purchase will enhance education in the County. With this property, the educational function will consist of -nature trails and educational displays fir the site. Also, the Environmental Learning Center has expressed an interest in using the property as a "satellite" location for xeric scrub educational excursions. County staff are in the process of coordinating with the School Board, particularly with School Board staff at the Pelican Island Elementary School, concerning school use and access to the property. • Comprehensive Plan Acquisition Commitment Conservation Policy 6.2 of the County Comprehensive Plan commits the County to acquire a minimum of 50 acres of xeric scrub for conservation purposes. The AGC portion of the Sebastian Highlands Scrub project contributes to fulfilling this policy by conserving +12.5 acres of xeric oak scrub. The project also furthers objectives in the County (and City) comprehensive plans relating to open space, aquifer primary recharge area protection, and rare species conservation. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the purchase contract by agreeing to exercise its purchase option, contingent upon a contract amendment reducing the number of lots from 56 to 50 lots. Staff recommends that the Board authorize the Board chairman to execute said contract amendment. Staff also recommends that the Board authorize staff to proceed with property closing tasks in coordination with the FCT, and authorize the Board Chairman to execute any documents associated with the closing. Environmental Planning Chief Roland DeBlois explained this is the first phase of the Sebastian Highlands Scrub Project. Florida Communities Trust has approved a 50% participation in this project. Staff has negotiated with Atlantic Gulf Communities to purchase 50 of the 56 lots originally considered. This reduction -has lowered the cost to $183,800 plus approximately $15,000 in other costs such as appraisal, title insurance and the management plan. The County's total bond expenditure for this project would be approximately $99,400. Mr. DeBlois then presented a letter from the United States Department of the Interior, Fish and Wildlife Service of July 11, 1996, which indicated that the original 56 lots would not be sufficient for mitigation: JULY 16, 1996 13 BOOK 543 I BOOK SEE_; United States Department of the Interior �� FISH AND WILDLIFE SERVICE P.O. SOX 2676 Avr—. vERO BEACH, FLORIDA 32961.2676 lulu Roland Deblois Indian River County Planning Department July 11, 1996 1840 25th Street Vero Beach Florida 32960 Dear Deblois: I received your facsimile of July 2, 1996, regarding lot acquisition and mitigation requirements in Sebastian Highlands, Indian River County, Florida. Your letter asked the U.S. Fish and Wildlife Service (FWS) to provide a written response to two unresolved issues. (1) will the FWS agree to eliminate the northernmost 26 lots in Unit 17 of Sebastian Highlands from it's recommended acquisition list and (2) will the FWS agree that the purchase of lots in Sebastian Fliighiands will be sufficient mitigation to offset anticipated adverse erects from residential housing construction to Florida scrub jays (Aphelocohsa ewvkscens coertikscens) and their habitat? In a May 5, 1994, letter to the Director of Community Development, City of Sebastian, the FWS iden.:fied 184 lots within unit 17 of Sebastian Highlands that needed to be protected to ensure long-term survival of scrub jays in this area. The FWS' recommendation was based on the distribution of extant Florida scrub jays in the area and the habitat requirements essential for maintaining jays in Sebastian Frghlands. All occupied, suitable habitat was included in our 1994 acquisition recommendation. Currently, we believe that scrub jays continue to use many of the unaltered lots identified in our 1994 letter. However, lack of habitat managemart has led to vegetative overgrowth in some of these lots, particularly in blocks 594. 607, 610, 611, 613, 614, 618, 620, and 621. Without adequate land management, we expect scrub jay use to continue to decline in marry of these lots over the next several years, Given the poor quality, small we, and difficulty in managing isolated lots in the northern Portion of Unit 17, the FWS believes that lots within the blocks listed above no longer prgvide hugh quality habitat for scrub jays is Sebastian Hrghlaads. Further, the FWS believes that•the conservation and management of these lands would not subtantially contribute to the continued survival of Florida scrub jays in Sebastian Highlands. The decision of whether to conserve and manage lots in the northern portion of Unit 17 ultimately lies with the County of Indian River. A decision to exclude these lots from acquisition may eventually lead to additional habitat modification and the extirpation of scrub jays in these areas. However, since lots in the northern portion of Unit 17 are still considered occupied habitat, probibitions against take would stip apply. To avoid section 9 prohibitions, the County would have to include Florida scrub jays occurring in these lots in a Habitat Consenrauon Plan (HCP) analysis and in their incidental take permit (ITP) application. Until the County obtains an ITP, no building permits (or other land altering activities) should be authorized in occupied scrub jay habitat. Your second request asked that the FWS agree that the purchase, conservation, and management of the remaining lots in Sebastian Ffigbbm& will be sufficient to offset efr'ects of housing construction on Florida snub jays. Section 10 of the Endangered Species Act, as amended (16 U.S.C. 1531 of seq.)(ESA) provides only one mechanism, other than for experimental purposes. to allow the take of listed species by non-federal entities. As you know, section 10(ax2)(A) of the ESA requires preparation of a conservation plan before the FWS can consider issuance of an M. In essence, the HCP formalizes the County's commitment to minimize and mitigate adverse effects to Florida scrub jays, whsle the issuance of the 17P is the FWS' commitment to allow take in accordance with the protective measures outlined in the HCP. Given the regulatory constraints outlined above, it is impossible for the FWS to provide a commitment to the proposed purchase, consavation, and management of lots in Sebastian Nrghlanda without first receiving a complete application for an ITP. Though the FWS believes that habitat preservation and management will be a important element of the County's permit application, other factors such as mitigation and management fimdmg need to be addressed. The FWS recognizes the frustration of all parties involved in this issue; however, the statutory and regulatory framework within which we must work mandates preparation of an HCP before we can consider issuance of an ITP. Though progress has been slow, the county has initiated efforts to develop a countywide HCP for Florida scrub jays, including those areas m Sebastian Highlands. Unfordmately, fiscal and personnel constraints have apparently resulted in delays in the preparation of the countywide HCP. The effect of this delay will undoubtedly lead to additional uncertainty for those lot owners who await a final determination as to the disposition of their property. Delay in the preparation of the HCP will also result in additional FWS workload required to survey individual lots for presence of scrub jays. JULY 169 1996 14 98 P,{u 544 M In an attempt to expedite a resolution to the Sebastian ifighlands issue, the FWS believes the preparation of a smaller scale, stand-alone HCP for the Sebastian Frtgldands area is the only way in which scrub jay conservation and residential interests will be mutually satisfied in a timely manner. Though we have not discussed this approach in detail, we believe it will be much easier to implement than the phasing in of the Sebastian Fruthlands portion of a countywide HCP. It is our understanding that the City of Sebastian now has current biological data for scrub jays within Sebastian Eaghlands. This information, coupled with the enclosed HCP guidelines, should provide a good foundation for an HCP for Sebastian Highlands. As always, my staff and I are available to provide technical assistance during the preparation of this document. If you need additional information please contact me or Nfike Jennings at the letterhead address or phone(561)562-3909. Sincerely, a Ecosystem Office Mr. DeBlois continued that negotiations are still ongoing for a portion of the lots in the project but that approximately 60% of the total project is now under contract. Discussions have been held with the Environmental Learning Center and the School Board regarding some involvement in management of the project. Staff is recommending that the Board agree to exercise its purchase option for the reduced number of lots. The original contract expired on July 1, 1996 but staff has written confirmation from AGC of an amendment to extend the contract and to eliminate the 6 lots discussed. In response to Commissioner Bird's question, Mr. DeBlois advised that the purchase price for the 56 lots was based on the appraised value of the lots, while AGC has agreed to reduce the contract price by the actual appraised value of the 6 lots which would be $41,200. Commissioner Bird then inquired whether anyone had been denied a building permit to build on any of these lots, and Mr. DeBlois was not aware of any. Commissioner Bird questioned whether the City of Sebastian has any requirement that platted lots must be maintained as these lots will be left in their natural state. Commissioner Macht asked about the lack of infrastructure which affected the value of the lots and wanted to know whether acquiring a deed to all of the property had been discussed. Mr. DeBlois advised that the City of Sebastian would abandon those streets which will not be needed. Tom Frame, Sebastian City Manager, advised that the City has no requirement that an undeveloped lot be mowed. The City would mow the right-of-way for developed streets but not for undeveloped streets. JULY 169 1996 15 BGOy, 98 m,545 BooK 98 rm F 546 Commissioner Eggert commented that these lots were on the Land Acquisition Advisory Committee ranked list and no attempt has been made to remove them from this list. Mr. DeBlois stated that this project has been ranked in 2 separate cycles and was originally 14 out of 19 projects. It is now ranked number 13 out of 15. Louise Cartwright, Mayor of Sebastian, felt that we are looking at a single issue and must remember there is a larger issue involved. She is aware of 2 permits that were denied; 1 to the County for the CR -512 exchange into the Twin Pairs, and the other to the City of Sebastian for the road to the industrial park at the airport. We cannot just focus on this area, but need to look at the whole area. What better use could be made of the funds than to preserve the environment and free economic development at the same time? The 10% of scrub that is left will be preserved. We are doing the best we can and, from an environmental and economic standpoint, it makes sense. We want you to approve the project as a beginning of preservation and development. Commissioner Bird questioned whether there is a commitment from Fish & Wildlife that they will release the restrictions on the remaining properties, and Mr. DeBlois said that the July 11, 1996 letter contains their response. They will not tell us until we apply for a permit. Commissioner Bird expressed his frustration with Fish & Wildlife who want the County to spend its money but didn't even send a representative to this public hearing. Louise Cartwright felt we need to do something toward mitigation. There is less than 2% of scrub left in the state. We do not like all the regulations but we have to deal the cards we are given and this is the best way to do it. She believed that purchase of this portion will free all of Unit 17 which will free a lot of land for development and will make it easier down the road. Chairman Adams felt some progress was made with Fish & Wildlife in April when there was about a 30% reduction. That shows some concessions are being made on their part. The County can draw a line in the sand at any time, but at what expense. We need to show good faith and keep working toward something useful. Mr. DeBlois believed Fish & Wildlife has been very helpful but they are restricted in what they can tell us without making a response to a specific application. They also have indicated that they do not want to be perceived as dictating to the County. JULY 169 1996 16 The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. Lonnie Powell wanted to know who will pay the fees to supply water and sewer in this area. He believed it will be a big expense to the homeowners. He related an incident that occurred when he was on the City of Sebastian Council where a lady called him about her attempt to get a permit to build a house and asked for his help. He called the Governor's office and the next day she had a permit. He emphasized that if lots continue to be removed from the tax rolls, someone will have to pay. Carroll Palmer expressed a desire to be sworn in, and Deputy County Attorney Collins complied. Carroll Palmer stated that he has lived at 17 Dolphin Drive for 20 years. The Indian River County Taxpayers Association has decided to oppose the proposed purchase as they feel it is not in the best interest of the taxpayers. They have studied the public records and found there is a significant difference between the City files which reflect serious problems with land ownership and property owners trying to address the problems created by Fish & Wildlife. There is no such content in the county records. Greg Johnson, supervisor of the South Florida Office of Fish & Wildlife, has stated there are no rules applicable to determining wildlife, each situation is unique. Mr. Palmer asked for the Sebastian records and was told they are not publicly available; that he would have to go through the Freedom of Information Act. He felt that if the Board approves this purchase, they would be dealing to the taxpayers from the bottom of the deck. Attorney Kathleen Inman appeared on behalf of the Taxpayers Association of Indian River County, Inc. and declared it was their position that this entire hearing was illegal. She introduced Mr. Jim Granse and asked him several questions. Chairman Adams reminded Ms. Inman that if Mr. Granse has a statement, it should be made to the Commission. Jim Granse stated that he congratulated one of the Commissioners on how she voted after a Commission meeting earlier this year and told her he was pleased. He then said: "but Carolyn, I will never understand how you voted for the lots up in Sebastian", and Commissioner Eggert made the remark that she was sorry, but: "maybe we know more than you do". He walked away from that encounter with the thought that, if that is true, what else is there that our Advisory Committee might not know? JULY 169 1996 17 Boa 98 PAGE 547 L F, Booz 98 pni:548 Kathleen Inman then questioned each commissioner as to whether or not they had received ex parte communications relative to a proposed purchase of undeveloped lots. Deputy County Attorney Will Collins commented that he had seen correspondence where Ms. Inman had asserted that an expenditure of monies by the County Commission is a quasi-judicial proceeding. He went on to state that it is the position of the County Attorney's Office that an expenditure from the bond money fund is entirely legislative. He advised the Commissioners that they did not have to answer any questions as the purpose of this hearing is to receive input, not to be examined. If there are any complaints, they can be filed with the court. Kathleen Inman felt it is important that taxpayers know what communications the Commissioners have had so that everyone knows upon what they have based their decision, and again asked whether the Commissioners were willing to answer the question. Chairman Adams responded that the Board would receive Ms. Inman's comments. Kathleen Inman continued that the next issue is whether or not the Board has the authority to make this decision. She stated that legally the Board had no authority because the property had not been recommended by the Land Acquisition Advisory Committee. Ms. Inman continued with quotes from the land acquisition guide and, in conclusion, asked the Commissioners to either decline to vote or to vote against the project. Fred Mensing stated that his position is that if the Board is hoping that Fish & Wildlife will use this parcel as mitigation, then they should do it. However, if the Board is unsure about the status of the mitigation credit, they should ask that the funds be used for a legal defense fund to determine whether or not the administrative law is legal. Doyle Vernon of 2324 1st Place SW believed elected federal representatives have to cover a broad scope. He reminded the Board that the right-of-way at 5th Street SW had once been thought to be a habitat of the scrub jay and was later determined not to be. C. N. Kirrie of the Roseland area wanted to know what plans are in place to work with these properties after the scrub jays leave. Mr. Kirrie stated that he had lived in that area for 30 years and had watched creatures that slither, fly, walk and crawl and they change habitat from year to year. Commissioner Macht explained that "scrub" is the operative word instead of "scrub jays". This particular property qualifies 100% under the appropriate guidelines. He felt strongly that the JULY 169 1996 18 Board will decide whether to purchase or not, taking into consideration the recommendation of the LAAC. Chairman Adams commented that should the property be reclassified as not being environmentally sensitive for some reason, the problem can be dealt with at that time. She referred to last week's meeting in Tallahassee regarding the effort to have environmental lands classified "in perpetuity" and felt that everyone should be aware that these properties are primarily used for environmental purposes. The Chairman asked if anyone else wished to be heard in this matter. There being none, she closed the public hearing. Commissioner Eggert commented regarding the land acquisition guide. The LAAC was very conscious of the fact that the final decision would be made by the County Commission. When a recommendation by LAAC is discussed in this environment, it is clear that the committee can recommend to approve or deny but the Board must then take all factors into consideration. The remark made to Mr. Granse was somewhat facetious but came from the feeling that the advisory committee is somewhat tunnel -visioned but the Board must have a broader vision. Deputy County Attorney Collins requested that staff be sworn in the event a court should determine at some time in the future that this is a quasi-judicial proceeding. Community Development Director Bob Keating and Environmental Planning Chief Roland DeBlois were subsequently sworn as to their prior comments. Commissioner Macht remarked that there have been some comments in the newspaper by the editorial staff and a letter to the editor referring to LAAO as a vestigial committee. He then presented the following letter of July 1D2, 1996 from Robert B. Swift: July 12. 1996 �%-MI Rtvt•r n�cTR1B _ION�LSI G��� `� Commissa ners� � '� p;minisi•rter Ken Macht ,y. ; .., f UOrt! - Commissioner Indian River CountyiJ�gIC:'l•3 1840 25th Street °y JUL 1996 Vero Beach, Florida 32960 co Vtiliues — — r- �D BdAM�t.'4tiNtFinance �_------- re: Purchase of AGC and other Sebastian Lots 'r CCM&„ iSYrC1�SlI� 014A3 Energ. Serv. Dear Ken.F, �?5k M#,.t. Goer A business conflict will prevent me from attending the Commissioner's meeting on July 17, and so I won't be able to participate in the public hearing on this issue. I hope my thoughts can commissioners. be shared with the other As a member of the LAAC I have no illusions that the committee's actions are anything other than advisory in nature. It would take a very convoluted reading of the LAAO guide and accompanying literature to come to the conclusion that such an appointed body would have the final say in the expenditure of County funds. While true that committee, in a narrowly split vote, recommended against the proposed purchase agreement, the committee has continued to carry the properties on its ranked list of recommended properties. Had the committee wanted to, it could have voted to drop the properties from consideration. JULY 169 1996 19 �� K 98 549 -7 BOOK 98 : FACE 550 Once properties are dropped from the ranking list, no further action by the Commission is taken. So, by keeping the properties ranked, the committee had in fact voiced its recommendation that the properties be acquired. Another "non -issue" that has been raised is an objection to purchasing platted lots. I note that the AGC Industrial property has generated no controversy, though it comprises a series of platted lots. What difference does it make to the underlying habitat whether an arbitrary boundary, line has been drawn across a piece of paper? What is at issue is the rare chance to preserve a segment of native habitat within a developing community. Current LDR's and good development planning would require some measure of open space and protected habitat within Sebastian Highlands. The only way to protect both a diminishing habitat, and the property rights of those concerned now, is to purchase the property. It is even more appropriate that the properties are purchased and the owners compensated because they have had the "ground rules" changed under them. I urge the Commission to cut short the debate on these and other non -issues and move forward with the purchase of these properties. Sincerely, Robert B. Swift MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Tippin, that the Board approve the purchase of 50 lots owned by Atlantic Gulf Communities (AGC), contingent upon a contract amendment reducing the number of lots from 56 to 50 lots, pursuant to staff's recommendations. Commissioner Tippin stated that he had not supported the bond issue because he feared that percentage -wise Indian River County had more publicly -owned land than any other small county. Nevertheless this purchase can be of great assistance to the City of Sebastian and, for that reason, he supported the motion. Commissioner Bird voted against the motion because he believed if the federal government is going to employ these restrictions, they should find federal funds to pay for the consequences. Commissioner Macht agreed with Commissioner Bird's comments but felt that is a secondary issue at this point. He reiterated that the LAAC is a hard-working committee which has done its job and has stuck with it even when it was not too popular. He also felt that praise was due to Environmental Planning Chief Roland DeBlois, Community Development Director Bob Keating and Assistant County Attorney Terry O'Brien who are all experts in their fields and who have given expert advice to the Board, staff and LAAO. He commented that he was proud to be associated with these gentlemen. Commissioner Tippin wanted to see this and other similar examples brought to FACo and NACo in an effort to work together to obtain release from these arbitrary controls. THE CHAIRMAN CALLED THE QUESTION and the Motion was voted on and carried by a 4-1 vote (Commissioner Bird opposed). CONTRACT . ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED JULY 169 1996 20 COMPREHENSIVE PLAN EVALUATION AND APPRAISAL REPORT - PROPOSED WORKSHOP DATES The Board reviewed a Memorandum of July 9, 1996: TO: James E. Chandler County Administrator D ISO HEAD CONCURRENCE: 01 obert INT'Keldtincli AI Community Develop ent irector FROM: Sasan Rohani, AICP 1 '�-- Chief, Long -Range Planning DATE: July 9, 1996 RE: CONSIDERATION OF PROPOSED WORKSHOP DATES FOR REVIEW OF THE PROPOSED COMPREHENSIVE -PLAN EVALUATION AND APPRAISAL REPORT It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of July 16, 1996. BACKGROUNDm All local governments in Florida are required to develop a Comprehensive Plan and to periodically review and assess that plan through preparation of an Evaluation and Appraisal Report (EAR). According to state rules, Indian River County must submit its adopted EAR to the state by January 1, 1997. The Planning and Zoning Commission, (P&Z) as the county's designated local planning agency, is charged with preparation of the evaluation and appraisal report. Although the adopted Evaluation and Appraisal Report is not due to the state until January 1, 1997, state law requires that the local planning agency approve and submit the EAR to the state at least 90 days prior to the county's January 1, 1997 EAR submittal date. Accordingly, the local planning agency (the Planning and Zoning Commission) must consider, approve, and submit the county's EAR to the State Department of Community Affairs by October 1, 1996. DESCRIPTION AND CONDITIONS: Since November 1995, planning staff has worked with the Planning and Zoning Commission and other local committees, as designated by the evaluation and appraisal report public participation plan, to prepare evaluation and appraisal reports for the 17 elements and sub -elements of the county comprehensive plan. As of this time, these drafts have not been presented to the Board of County Commissioners for their consideration. While state law requires that the Board of County Commissioners adopt the final EAR prior to the January 1, 1997 submittal date, state law does not require that the Board adopt, approve, or authorize the EAR required to be submitted to the state by the local planning agency prior to October 1, 1996. Even though state regulations do not mandate board action, staff feels that the Board should consider the draft EAR in at least a workshop format prior to the Planning and Zoning Commission's September 12, 1996 EAR public hearing. For that reason, staff proposes that the Board schedule a workshop meeting in late August to consider the draft EAR. In scheduling a workshop, the Board has two principal alternatives. If the Board wants to discuss the draft EAR in detail, the Board could schedule a special workshop meeting either during the evening or during the day. If, on the other hand, the Board wants only a general discussion at this time, a brief woAkshop could be held during a regular BCC meeting. One possiLle meeting date for the EAR workshop would be August 27, 1996. After submittal of the local planning agency approved EAR to the state, there will be about three months until.'the Board has to adopt the EAR. A Board of County Commissioners EAR public hearing JULY 169 1996 21 Boa 98 ROOK . 98 PnE 552 is tentatively scheduled for December 10, 1996., Prior to that time, there will be opportunities to -revise the draft EAR. Staff would also anticipate that the Board would have one or more EAR workshops prior to its scheduled December EAR public hearing. Staff recommends that the Board of County Commissioners schedule an EAR workshop as part of its regularly scheduled meeting on Tuesday, August 27, 1996. Commissioner Eggert wanted to know whether staff is requesting a full day's workshop or a short presentation during the regular meeting of the Board. Community Development Director Bob Keating responded that the deadline date for submission of the report to the state is January 1st; however, the Board must approve the report by October 1st. If the Board wants to review the report in detail, workshops will be necessary. If the Board simply wants a general overview, that can be done as a part of the regular meeting. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Macht, the Board unanimously scheduled a Comprehensive Plan Evaluation and Appraisal Report workshop as a part of its regularly scheduled meeting on Tuesday, August 27, 1996, as recommended by staff, and directed staff to set up public workshops in November, 1996. E911 COAMUNICATIONS CENTER RENOVATION: PURCHASE OF STS CON WUNICATIONS CONSOLES: E911 SURCHARGE CAPITAL IMPROVEMENT RESERVE ACCOUNT FUNDS: INTENSIVE USE CHAIRS. 800 NIHZ COMMUNICATIONS EQUIPMENT INSTALLATION AND COA MUNICATIONS INTERNATIONAL CONTRACT The Board reviewed a Memorandum of June 28, 1996: TO: Honorable Board of County Commissioners THROUGH: Jim Chandler, County Admi strator FROM: Doug Wright, Director Emergency Services I DATE: June 28, 1996 SUBJECT: Renovation Of E911 Communications Center; Purchase Of STS Communications Consoles For Both PSAP's By Piggybacking Collier County Bid; Authorization To Utilize Funds From E911 Surcharge Capital Improvement Reserve Account; Purchase of Seven Intensive Use Chairs; And Approval Of Contract With Communications International To Provide Labor And Materials For Renovation Project In Conjunction With The 800 MHz Communications Equipment Installation It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next regularly scheduled meeting. JULY 169 1996 22 DESCRIPTION AND CONDITIONS: On February 19, 1993, the Board of County Commissioners approved the establishment of a Capital Improvement Program for the Primary and Secondary Communications Centers from the 911 Surcharge Fee as provided for in Chapter 365.171(13)(a)(3), Florida Statutes. Since that time, the funds have been accumulating in this account and as of June 6, 1996, the cash in the fund totals $435,188. It should be noted that $240,000 has been committed by the Board to be utilized as part of the overall approved expenditure for the countywide 800 MHz Trunked Radio Communications System b'oing purchased and installed under contract with Ericsson, which leaves a balance of $195,188 in this account. Certain renovations will have to be completed and consoles purchased for the new Maestro C-3 Ericsson radio computer workstations to be installed. The Maestro 800 MHz workstations and the communications consoles should not be confused. By contract, Ericsson is responsible for providing and installing the computer workstations in the communications consoles. However, the new communications equipment is not compatible with the old consoles and new ones need to be purchased by the County. This fact was known prior to approval of the 800 MHz contract and staff planned to utilize funds from the 911 surcharge account for this purpose separate from the contract. The following is a description of the labor expenses and scope of services that staff is informed will need to be completed at the E911 Center for the renovation project: ITEM DESCRIPTION PRICE 1 Relocate bldg fire alarms, door alarms, $2,240 UPS alarms, and cable TV. (CI) 2 Relocate video/security monitors. (CI) $2,800 3 Relocate intercoms, door/front lobby. (CI) $ 480 4 Remove existing NAWAS equipment. (CI) $ 85__ 5 Remove supervisor platform. (County staff) -0- 6 Replace carpet under supervisor console. (County staff) $ 800 7 Replace carpet under old consoles (County See #6 staff) 8 Relocate emergency power cut-off (EPO), $2,500 electrical track in floor, track lights. (County staff) 9 Console furniture install modifications. $2,660 (CI) 10 Relocation of air conditioning floor $ 290 panels to ventilate console electronics. (CI) 11 Relocate logging recorder audio lines. (CI) $1,600 12 Relocate seven 911 phones/jacks, PSAP $1,000 equip, TDD equip, and admin phones/jacks. (So Bell) 13 Relocate CAD/Word processing equip. -0- (Sheriff's Office staff) 14 Relocate FCIC/NCIC terminals/printers. -0-' (Sheriff's Office staff) 15 Removal of computer room wall. (County $ 500 staff) 16 SATCOM remote installation. (CI) $1,200 17 Remove and relocate seven DINET Instant $9;800 Recall units at $1,400 each. (CI) 18 Removal and relocate four Dictaphone $1,200 Instant Recall Units at $300 each. (CI) 19 Remove fire, EMS, School Board, LGR $ 750 remote units and remove antennas from tower. (CI) 20 Removal of backup radios in NE corner $ 720 (CI) JULY 169 1996 231 BOOK 98 pmr,55 800. 21 Install radios in NE corner (one CB and $ 900 two amateur radios including coax and placing antenna on tower) (CI), TOTAL FOR ALL RENOVATIONS $29,525 TOTAL FOR BUILDING & GROUNDS DIVISION $ 3,800 TOTAL FOR COMMUNICATIONS INTERNATIONAL $24,725 TOTAL FOR SOUTHERN BELL 1 000 GRAND TOTAL 29 525 98 pt�u 554 Purchase of STS Communications Consoles From Collier County Bid When the Board approved the Capital Improvement Program regarding the E911 surcharge funds on March 2, 1993, a list of planned capital improvement purchases was included in the resolution which noted and authorized replacement of the existing dispatch consoles. Subsequently, a purchase order was issued to Communications International in the amount of $240,000 for the consoles and installation at the PSAP. Since the countywide 800 MHz system was under consideration at that time, staff determined that it would be more prudent to withdraw the purchase order to preclude paying additional expenses later for different consoles if the 800 MHz system was approved. The plan was to migrate the new radio system and the new dispatch consoles into service at one time rather than paying the labor expenses involved in the project twice. That brings us to this point in time. Staff is seeking Board authorization to purchase STS dispatch consoles for both the Vero Beach Police Department and the County E911 Center public safety answering points (PSAP) from a Collier County bid which was awarded to Ericsson, Inc., in 1995. Pursuant to the bid, the cost would be as follows for each respective PSAP: Vero Beach Police Department $27,846.43 (3 consoles, printer stands, and shipping) E911 Center at Sheriff's Office S66,121.79 (7 consoles, printer stand, rotating bookcases, shipping) TOTAL CONSOLE AND CONSOLE EQUIPMENT $93,968.22 The STS consoles are customized to the needs of the user and are preferred over other console vendor products in terms of quality, method of construction, ventilation, and panel setup for flush mount capability. The consoles are known for their durability and anti -warp characteristics. The rear doors are flush mounted for secure yet easy removal of the liftout panels for installation, maintenance, and modification capability. The consoles have a rear sound wall which is similar to that used in recording studios. The consoles are fire retardant and meet all state and national testing codes. It is necessary to replace the existing consoles at the PSAP's for a number of reasons as follows: 1. The existing equipment is comprised of electrical consoles that control remote radios, towers, systems, etc. The dispatch equipment will be digitally controlled consoles using computer technology. 2. In order to utilize existing consoles, major modifications would have to occur to accommodate the additional monitors, CPU's, and other 800 MHz equipment. This would be very expensive, time-consuming, unsightly, and disruptive to the ongoing work of the dispatchers. The renovation of the 911 Center and installation of the new equipment must not interrupt the ability to continue dispatching and other communications functions for public safety field staff. 3. The existing consoles are too small and the panels are not sized for the new equipment that will be installed. The new consoles are efficiently designed to wrap around the dispatcher for ease of access to controls and the monitoring multiple screens. The new equipment that must be incorporated into the consoles includes four CRT's, a C-3 Maestro work station, word processor, CAD entry, CAD status, each with its own CPU, audio equipment/speakers, Zetron 25 paging equipment, 911 workstation/handset with JULY 169 1996 24 screen, keyboards, mouse, seven DINET phone and radio instant recall units, four Dictaphone recall units, (using existing equipment, one console will not have a recall unit) TDD equipment, SATCOM equipment, video security monitors, fire alarms, general building alarms, intercom, FCIC/NCIC terminal equipment and printers, records management system, five EDACS console back-up radios, and administrative phone liner,.. The existing consoles which will be removed are planned to be utilized in the Emergency Operations Center (EOC) and in the area of the E911 Center where the EOC backup radio equipment is located. These would replace old wooden consoles now in use. This equipment would be utilized if county EOC personnel had to abandon the County Administration Building EOC due to storm damage, crisis situation, etc., and relocate to the Sheriff's Department complex to provide the Board of County Commissioners with a means for continuity of statutory governmental functions and operations. Authorization To Contract With Communications International To Provide Labor and Materials For Work Noted Above. Staff is seeking Board approval to contract with Communications International to provide the labor and materials to complete the scope of work noted earlier in this agenda item on a sole source basis. The basis for this request is predicated on the following points: 1. Communications International was the original vendor who installed and maintained the radio system and various components associated with the consoles in the communications center. They, have also maintained the existing microwave system as well as all the equipment at the Hobart Tower and other towers in the County. 2. They have the in-depth knowledge of the cable/wiring systems at the E911 Center which will save time and money versus another vendor having to come into the center and figure out the system before work can begin. 3. Communications International is the vendor who will be installing the Ericsson C-3 Maestro workstations in the E911 Center. Staff submits using the same vendor for the other electronic and other renovations will preclude finger pointing when problems occur during and after completion of the work. 4. It is staff's intent to preclude the possible problem of another vendor, who doesn't have the background. and knowledge of equipment at the existing communications center, from bidding a low price and later determining that they cannot complete the work at the price they bid for the job. This would be a substantial problem given the timeline for project completion. 5. This vendor has done several communications center systems throughout Florida as well as in other parts of the country. No other vendor within a four -county area of this county has the level of experience as this company. Further, having a local company can only benefit the county since response time will be quick and accountability can be assured. 6. Several aspects of the total communications system will be ongoing at the same time (tower equipment and fiber optic electronics installation; if approved, the E911 Center renovation; installation of nine C-3 Maestro workstation at three different sites; installation of mobile radios into units; testing and timing of simulcast equipment; installation of hot backup communications equipment at Hobart Tower, and training of personnel on system manager and use of various parts of the radio equipment. This vendor has had considerable experience in administrating these types of major projects and having a number of vendors doing parts of the system would only complicate the process; and the schedule for migrating from the old system to the new system must be timely and transparent to the user so that public safety service is not interrupted in any way. Ericsson will bring additional personnel into the County from other areas to complete their responsibilities related to the contract, and Communications International will be the single point of contact for coordinating this substantial project. JULY 169 199625 BOOK 98 Farr,555 BOOK 90 pm -F556 RECOMMENDATION: Staff recommends that the Board approve and/or authorize staff to take the following action: 1. Approve the renovation of the E911 Center and funds in the amount of $3,800 for materials associated with work by the Building and Grounds Division and $1,000 for services performed by Southern Bell. 2. Authorize Communications International to provide the labor and materials for work associated with renovation of the E911 Center in the amount of $24,725 on a sole source basis due to the complexity of the project and the justification stated above. 3. With funds from the 911 Surcharge,Fund, approve the purchase of the STS Communications Consoles 'for the E911 Communications Center by piggybacking the Collier County contract referenced above in the amount of $66,122. ' 4. Approve funding in the amount of $27,846 from the 911 Surcharge Funds for STS Consoles at the Vero Beach Police Department Public Safety Answering Point. 5. Approve funding in the amount of $6,000 from the E911 Surcharge to purchase seven intensive use series chairs for the E911 Communications Center dispatchers and call takers. A recap of the requested funding in terms of uses and sources is as follows: VENDOR USE SOURCE FUNDING' Indian River County Materials 911 Surcharge $3,800 Communications International Labor & Materials 911 Surcharge $24,725 Southern Bell Labor 911 Surcharge $1,000 Ericsson (STS) (Vero Beach) Consoles (3) 911 Surcharge $27,846 Ericsson (STS) (E911 Center) Consoles (7) 911 Surcharge $66,122 To Be Determined Chairs (7) 911 Surcharge $6,000 SUBTOTAL $129,493 Contingency(15%) - $19,423 PROJECT TOTAL $148,916 Commissioner Macht was shaken by the cost of the seven intensive use series chairs for the E911 Communications Center dispatchers and call takers of $6,000 which is over $850 each. Emergency Services Director Doug Wright explained that these chairs are in use 24 hours a day and contain certain features which assist the dispatchers not only with proper support, but in moving around the center as needed. Director Wright suggested that 1 worker's compensation claim can cost much more than $6,000; however, the department will explore contracts to see if the chairs can be purchased for less. JULY 169 1996 26 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board (1) approved the renovation of the E911 Center; (2) authorized Communications International to provide the labor and materials for the work associated with the renovation of the E911 Center; (3) approved the purchase of the STS Communications Consoles for the E911 Communications Center; (4) approved funding for STS Consoles at the Vero Beach Policy Department Public Safety Answering Point; and (5) approved the purchase of seven intensive use series chairs for the E911 Communications Center, with the caveat that an attempt be made to purchase the chairs at a lesser cost. ABLE AMBULANCE - RENEWAL OF CLASS "B" CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY The Board reviewed a Memorandum of July 5, 1996: TO: Honorable Board of County Commissioners THROUGH: Jim Chandler, County A istrator FROM: Doug Wright, Director Department of Emergency Services DATE: July 5, 1996 SUBJECT: Renewal of Able Ambulance Class °B° Certificate of Public Convenience and Necessity to Provide Non -Emergency Advanced Life Support Interfacility Transport Services It is respectfully requested the information contained herein be given formal consideration by the Board of County Commissioners at the meeting scheduled for July 16, 1996. DESCRIPTION AND CONDITIONS On August 9, 1994, the Indian River County Board of County Commissioners approved a Certificate' of Public Convenience and Necessity to provide ALS/BLS non -emergency interfacility transport services within Indian River County pursuant to Chapter 304 of the Indian River County Code of Laws and Ordinances. The certificate was issued for a period of two years as provided by the ordinance referenced above. The certificate will expire on August 9, 1996, and the renewal process should be accomplished prior to that date. ALTERNATIVES AND ANALYSIS The Indian River County Code provides for routine renewal of the Certificate of Public Convenience and Necessity on application by the certificate holder. This can be accomplished without a public hearing if the Board has no reason to believe that the public health, safety, and welfare require it. Staff submits that there is no reason to hold a public hearing and absent that requirement, requests the Board issue and renew the certificate routinely. An application has been completed requesting renewal of the certificate. The EMS Director and Medical Director have reviewed the application, EMS protocol, and other pertinent facts and information and after consultation with the County Attorney, certifies no reasons are known or perceived that would require a public hearing pursuant to the established ordinance. JULY 169 1996 27 BooF 98 fw+. 557 boa 98 pa558 RECOMMENDATION Staff respectfully recommends that the Board of County Commissioners approve and renew the Certificate of Public Convenience and Necessity for the -Able Ambulance Service to be effective for a period of two years. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Tippin, the Board unanimously renewed the Certificate of Public Convenience and Necessity for the Able Ambulance Service for a period of two years; pursuant to staff's recommendations. CERTIFICATE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD HEALTH INSURANCE (Continued from July 2, 1996 Meeting) The Board reviewed a Memorandum of June 24, 1996: TO: James E. Chandler Co Administrator FROM: Ro . Baker Director of Personnel SUBJECT: HEALTH INSURANCE DATE: June 24, 1996 On February 27, 1996, the Board of County Commissioners approved -Siver ,Insurance Management Consultants to provide professional services in reviewing and making recommendations concerning the County's group health insurance plan. Siver Insurance Consultants prepared Request for Proposals. (RFPs) for the purpose of soliciting competitive bids. Attached is Siver's Analysis and Recommendation for the Board to review. Siver's recommendation is based on the following: Lowest Cost plan that closely mirrors the County's current benefit plan. 28.14% lower than renewal costs from the incumbent insurance carrier. Substantiall; expanded Provider Network. More aggressive preferred provider medical discounts. The consultant who assistedi with the project Robert F. McBurney, MSA, FLMI will be at the Board meeting to make a brief presentation and answer any questions from the*Board. The Board of County Commissioners award the bid for the group health insurance to Blue Cross Blue Shield of Florida, Plan A as the Third* Party Administrator and John Alden Life Insurance Company as the Excess Stop -Loss Carrier. County Administrator Chandler advised that there was quite a bit of discussion at the meeting two weeks ago about the feasibility of getting local representation in handling our claims. JULY 169 1996 28 Since that time there have been meetings and discussions between our low responsive bidders, Blue Cross/Blue Shield and O'Neil, Lee and West and they have come to an agreement/ arrangement whereby local representation would be provided by McCall Agency, who would be handling all our local claims and processings, etc. That does not affect the bottom line on cost or any of the bid that has been submitted to us; it was an arrangement/agreement after the parties got together. Commissioner Eggert reported that she has continued to get comments and questions about it. There has been a flurry of fear that a lot of our doctors were dropping Blue Cross/Blue Shield but she understood Personnel Director Ron Baker found that was not accurate. Director Baker responded affirmatively. We found, if anything, the network is getting larger. Chairman Adams asked how that was verified, and Director Baker explained that he had a number of staff call the doctors in question. Chairman Adams advised that she was out of town most of the week but did have an opportunity to get the list of 70-90 people who were to receive rfps. However, she understood that only 40 packets were sent out. Addressing Mr. McBurney, representative of Siver Insurance Consultants, Chairman Adams stated that she was a bit alarmed to understand that he had recommended some of the people to receive packets. She asked Mr. McBurney for clarification on how his role as consultant provides for that, adding that she noticed that one of them was O'Neil and West. Robert McBurney, Siver Insurance Consultants, advised that in some instances, they are asked to review the proposed list to determine any significant omissions and they were asked to do so in this case. Chairman Adams felt this is an ethical violation and found it disturbing. She expressed her uncertainty that the employees' interests were taken to heart. Chairman Adams commented that the last time the insurance was changed, the County saved a lot of money but the employees were not satisfied and they are not comfortable with doing so again. She would like to see more input from employees and to be certain their best interests are being protected. She did not feel that it was necessary to go ahead until that input could be obtained. JULY 169 29 1996 Boor, 98 F,1GF 559 BOOK 98 PAGE 560 Chairman Adams noted the School Board has 1200 employees and the County has 1100 employees, but the School Board is paying less for coverage. She felt the County should be able to get at least as good a deal as the School Board. MOTION WAS MADE by Commissioner Bird, SECONDED by Commissioner Tippin, that the Board award the bid for the group health insurance to Blue Cross Blue Shield of Florida, Plan A as the Third Party Administrator and John Alden Life Insurance Company as the Excess Stop -Loss Carrier; pursuant to staff's recommendations. Commissioner Eggert questioned whether this coverage would go into effect on October 1st, and Director Baker responded that October 1st would be the effective date. Commissioner Eggert then expressed her concerns about what coverage the County is being given. She had a number of problems with Blue Cross/Blue Shield over the last several years and she did not feel ready to vote on the issue. She wanted to know if any adjustments needed to be made to the coverage as the last insurance contract left a lot of the employees upset. There were certain coverages which were very important to the County employees which are not necessarily more expensive. Commissioner Eggert felt she would like to look into this a little longer to make certain that the coverage is employee friendly. Chairman Adams asked whether the current coverage runs until September 30 and whether any extensions are available. Director Baker responded that the cost would go up appreciably. County Administrator Chandler explained that this bid amounts to a $290,000 increase and the budget would have to be adjusted because the proposed budget incorporates this particular proposal. He stated that the changes would need to be identified before the millage rate is submitted. Chairman Adams emphasized that the worst case would be that the County would go ahead and sign with Blue Cross/Blue Shield and the best case would be that the cost would be negotiated down. She did not feel it would take that long to get some answers to some of the questions. Commissioner Macht had no objection to Blue Cross/Blue Shield and stated that his problem had been with the contact people. He had a Blue Cross/Blue Shield program which failed him because he was shunted from person to person and there was a lack of knowledge JULY 169 1996 30 about the coverage. He was told one thing and later learned it was not true in several instances. He felt this could be corrected with a local administrator. Commissioner Macht did feel suspicious of relationships between consultants and suppliers and felt there might be such a relationship here. He felt very hesitant to vote affirmatively. Commissioner Bird did not understand the other Commissioners' concerns. He felt that if the consultant were able to suggest someone who could supply the most competitive bid, they would basically be doing their job. Robert McBurney, the senior vice president and senior consultant of Siver Insurance, added further information to clarify the matter. At the start of the County's project, Siver was working with 2 other clients, the City of Ft. Pierce and the Ft. Pierce Utilities Authority. By coincidence both of these clients had been using the same current vendor as Indian River County. In this area, state managed-care development is not as strong as areas such as Miami and Tampa. Siver had been asked by their Ft. Pierce clients to assist them in market development. Siver then took the results of that research and, from a network perspective, recommended that the Blue Cross/Blue Shield network be asked to quote on the County's rfp. Chairman Adams appreciated Mr. McBurney's comment but emphasized that the Board's concern is that Siver recommended the program as well as those who obtained the rfp packets. She felt the Board must go to extra lengths to have no appearance of impropriety. OMB Director Joe Baird stated that he felt partly responsible because he had asked Siver to give staff a list of all vendors who bid aggressively in order to get a good bid. Siver did not do all that on their own. Director Baird stated that he did not think you will find anyone who is totally happy with their insurance plan in America today. He felt we have a good bid and the budget has been set accordingly. Commissioner Bird questioned who was on the committee that developed the rfp, and Director Baird stated that Acting Personnel Director Donna Anderson, Tax Collector Karl Zimmermann and he went over the areas of concern and wanted to make certain that benefits were not decreased. Commissioner Bird then wanted to know how long the decision took, and Director Baird stated about 60 days. Commissioner Bird reiterated that the group met for 60 days and drew up the requirements for the rfp. If the Board is considering trying to obtain better coverage, that is an extremely JULY 16; 1996 31 98 F�,,F 561 L_ Boa 98 PAGE 562 complicated matter. He felt he could rely on the judgment of County 'staff. The other side is administrative and he had heard complaints about processing which could be satisfied by working with a local representative and improving the process. He felt we have gone through a lengthy process and come in with a price staff says is a competitive price. He wanted to see the motion approved and the Board ready to move on. County Administrator Chandler stated that one of the reasons Siver was considered is that they do not sell insurance. Siver initially helped the County set up its self-insurance program and they are experts in the field. Commissioner Bird asked whether County Administrator Chandler and Personnel Director Baker were convinced this plan is a good plan for the employees and that it can be administered locally. County Administrator Chandler and Personnel Director Baker responded in the affirmative. Personnel Director Baker believed we can work through any of the problems talked about here and we can negotiate some items with Blue Cross/Blue Shield, but the terms cannot vary by much. Commissioner Eggert commented that she had yet to hear anyone say the employees were considered, and Director Baker stated that we will have a better network which will be better for all employees and will be less expensive. Commissioner Eggert wanted to know what guarantee there would be that Blue Cross/Blue Shield would negotiate any further if the bid were accepted today and whether it might be better to table the matter for a few weeks. Commissioner Bird stated that Blue Cross/Blue Shield gave a quote based on the rfp. He did not believe the low bidder is obligated to renegotiate the bid. Director Baker commented that in an rfp of this size, there are always a few technical, minor items and Blue Cross/Blue Shield has agreed to fix these. Mark Collins, Regional Marketing Director, South Florida Blue Cross/Blue Shield, remarked that Indian River County is very important to Blue Cross/Blue Shield and they entered into the bid process to build a long term relationship. They intend to make certain program services available, such as employee well -care. At this point in time, all they have addressed is the rfp items. Mr. Collins believed that any coverage issues can be worked out with staff. He stated he would be more than happy to address any concerns. JULY 169 1996 32 Chairman Adams questioned whether the local agents were satisfied with the arrangements and believed them to be in the best interests of the County. Mackie Branham of O'Neil, Lee and West said that he has been developing discount networks in the Treasure Coast area for several years and has been involved with Acordia. He is aware of the discount arrangements and co -payment plans and how they compare to Blue Cross/Blue Shield. He felt the bid which has been presented to the Board is a good one. Mr. Branham stated that he drove down from Orlando and picked up the bid packet late in the day and staff waited for him. Ron McCall of the McCall Agency told the Board that he feels their role is to serve the County and to take care of the employees. He is happy to work with County staff and with Mr. Branham's agency. He feels this is a win-win situation for the County and the 2 agencies involved. Commissioner Eggert said that she had no problem with this plan but would like to be sure that the is are dotted and the is are crossed. She wanted to be sure that the employees won't get the hassling and would be taken care of by the local agent. She also wanted assurance that Blue Cross/Blue Shield's chief doctor is not arbitrary in his decisions whether to continue insurance coverage as the current one has continued to be. She felt these things could be worked out. Director Baker felt the County will have much more control with this plan. Chairman Adams questioned whether there is a 30 day cancellation clause in this agreement, and Mr. McBurney and Mr. Collins both responded in the affirmative. Bill Tripp, speaking as a representative of the Indian River County Firefighters, questioned whether the benefits will be similar and whether any additional costs will be passed on to employees. County Administrator Chandler stated that the only cost which his recommendation looked at for increased cost was the dependent coverage for which employees are now paying $12.50 per month. That premium cost is examined on a regular basis and his recommendation has been and continues to be that should dependent cost increase, then the contribution coming from the employees for dependent coverage should increase. For this coming year dependent coverage is $377 monthly which is still less than the County was paying 3 years ago. JULY 169 1996 33 BOOK. u-, 563 Pec,h 98 FA�r564 THE CHAIRMAN CALLED THE QUESTION. The Motion was voted on and carried unanimously. CONTRACTS WILL BE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN EXECUTED AND RECEIVED ROSELAND DRAINAGE - BAY STREET AT ROGALA POND AND 79TH STREET The Board reviewed a Memorandum of July 1, 1996: TO: James Chandler County Administrator THROUGH: James W. Davis, P. Public Works Director FROM: Roger D. Cain, P.E.j County Engineer (, SUBJECT: Roseland Drainage Bay treet at Rogala Pond and 79th Street from 130th Street to 126th Street DATE: July 1, 1996 DESCRIPTION AND CONDITIONS The two above locations have been investigated by the Public Works Department for drainage improvements. The past history of both locations has shown that drainage has caused problems in the past of various sorts. At Bay Streetthe erosion and flooding of Bay Street and surrounding areas and the transporting of sediment and siltation to the Indian River Lagoon are the major problems. Along 79th Street capacity and isolated flooding is the major concern. A report for 79th and correspondence, which are attached to this agenda, show the results of the studies and provide the background for the alternative solutions presented in this agenda item. Briefly, the Bay Street Rogala Pond area requires for solution reconstruction and redirection of the conveyance systems. The owner of the Pond has offered to grant an easement, but wants the county to fill the pond in exchange for the easement. It is staffs opinion that the county should not have to fill the pond: 79th Street requires improvement to culverts along 79th Street and the improvement of a ditch east of 128th Court and into a natural drainageway which outlets the drainage for this area of Roseland under Roseland Road and into the south prong of the Sebastian River. It is expected that environmental permitting will be required to complete this work. JULY 169 1996 34 0 I ALTERNATIVES AND ANALYSIS Alternative No. 1 - Direct staff to take steps to begin construction plans for the improvement of the Bay Street Rogala Pond area and secure any easements for right-of-way additionally necessary to improve the drainage in this area. For 79th Street,direct staff to develop construction plans and direct staff to take steps to gain necessary permits and secure any additional easements for the necessary reconstruction and improvements of the ditch and culverts along the 79th Street drainage. Once plans are complete, a detailed cost estimate will be prepared. Funding may be possible from the St. John's River Water Management District cost -share program. Funds for drainage improvements have also been budgeted in the one cent Local Option Sales Tax Program for FY 98/99. Alternative No. 2 - Since Alternative No. 1 presents the results of the studies made by Public Works Department no Alternative No. 2 is presented. RECOMMENDATION & FUNDING Approve Alternative No. 1. C. M. Kerrie stated that he had lived in the area for 30 years and drainage has improved somewhat to the north. The ditch is not aligned with the roadway and the right-of-way has not been utilized in this project. He said that he was again requesting that the ditch be relocated to the right-of-way and removed from his property. He had addressed this issue with the Public Works Department in 1992 and again in 1995. He requested that if we are going to go through the permitting process, the ditch be included. He offered his help to get the ditch relocated and could see no reason it should be on the easement when there is a right-of-way. He wanted the Board to realize this is a problem and to bring it to a conclusion. Public Works Director Jim Davis said that staff will do their best to move the ditch where Mr. Kerrie wants it but it may be necessary to consume more right-of-way. Chairman Adams commented that staff has put in a lot of time on this project in the last 3 years and everyone is aware of the problems and wants to resolve them. Fred Mensing had a couple of concerns. He believed that no matter what is engineered, it will fail. During Tropical Storm Gordon the area flooded out several businesses and 8 families. He felt that 130th Street and Rogala Pond need to be 2 separate projects. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved Alternative No. 1 pursuant to staff's recommendations. JULY 16, 1996 35 BOOK 98 unF565 BOOK 98 r�, r566 SUNEME"LACE SUBDIVISION SEAWALLS The Board reviewed a Memorandum of July 10, 1996: TO: James E. Chandler. County Administrator FROM: James W. Davis. P. ^• DATE: July 10. 1996 Public Works Director �J SUBJECT: Request for Indian River County to Issue Permits to Construct Seawalls in Summerplace Subdivision REF. LETTER: John D. Hersh to Jim Davis dated June 10. 1996 Dirk Parvus. M.D. to Fran Adams dated July 2. 1996 DESCRIPTION AND CONDITIONS John Hersh representing himself and the two property owners north of his lot in Summerplace and Dr. Dirk Parvus, representing himself and five other property owners along property owners along Doubloon Drive. have requested that the County issue "Emergency" permits to construct seawalls along the Atlantic Ocean Shoreline. Staff denied the request on June 4. 1996. and (see letters from James W. Davis to John Hersh and Dirk Parvus attached) since in staffs opinion. an emergency condition does not currently exist since 15' of dune exists between the houses and dune bluff. The County Administrator concurred with the staff' determination. Mr. Hersh and Dr. Parvus are appealing staffs decision to the Board of County Commissioners. ALTERNATIVES AND ANALYSIS The standard permitting procedure for state and local permits to construct a seawall Is for an applicant to first apply to the Florida DEP for a Coastal Construction Permit and Environmental Resource Permit. The State requests County comments: Once the DEP permit Is issued the County would also issue a permit. Since sea turtle nesting activity will not cease until October or November 1996. the property owners will have time to initiate the state process and receive state recommendations. The risk of removing the seawall would be reduced since the State has ultimate authority in determining its location. RECOMMEND&TJONS AND FUNDING It is stab's recommendation that the "Emergency" permits be denied at this time. If site conditions change prior to October. 1996. a County "Emergency" permit may be reconsidered. Public Works Director Jim Davis presented the project to the Board and advised that staff does not recommend issuing the permits. Commissioner Macht felt that if there is a hurricane, and the homeowners face a storm surge, it will not be an emergency but a rescue. However, he would be hard pressed to say they are in an emergency situation at this time. He has examined some aerials and the situation looks pretty precarious. Chairman Adams expressed her concerns about using emergency procedures. The County's relationship with the Department of Environmental Protection has been a very tough one to build and DEP is much more user friendly than ever before. She was concerned that DEP might interpret the County's action to be an abuse of the privilege as it relates to other projects. She believed the whole JULY 16, 1996 36 county is in an emergency situation as far as erosion is concerned; however, these property owners could have gone to DEP for permits previously so that they would be prepared to start construction as soon as turtle season is over. She thought they have created their own emergency situation. She would have no hesitancy in issuing the permit in a storm situation but hesitates at this point in time because they are not being threatened with a storm. Chester Clem, attorney for the applicants, stated that legislators had addressed the emergency situation in 1995 and permitted the County to issue these emergency permits. The County has granted a permit for the first 8 houses out of 21 in the Summerplace erosion area. All they are asking is that the County go to the end of the erosion emergency area, no further. Mr. Clem handed out several photographs of homes along the beachfront and said that if Hurricane Bertha had hit, he did not know what we would be doing. The applicants are prepared to go to DEP with a proposal to complete the project after the end of turtle season and are prepared to make a condition of their request that they will move immediately to get DEP involved. The applicants will join in an application with the first 8 properties. They recognize that DEP can tell them that the construction was done on an emergency basis and will have to be removed but these people are desperate and are willing to spend $30,000 to $40,000 just to see what happens. Commissioner Eggert had understood that Mr. Glynn and his attorney had already filed for the DEP permit, and Mr. Clem advised that the application has not yet been filed. Dan Hersh, of 956 Doubloon, stated that the applicants intend to file jointly with Bill Glynn for the DEP permits. Mr. Hersh's property has experienced a 21 foot loss in beach during the last year and the dune continues to erode. Coastal Tech has been hired to do the measurements. The applicants recognize that DEP may not grant approval of the project. Mr. Hersh is also speaking for applicant Dick Simpson who is ill and for Dr. Dirk Parvus. County Coastal Engineer Jeff Tabar stated that no one is denying the situation at the north beach but felt the Commissioners need to carefully coordinate projects with DEP. The major goal is to restore the beaches and the situation with the seawalls is to allow for protection in emergency situations. Mr. Tabar was concerned as well about the emergency issue and felt if there is no present emergency, the Board should not allow the permit. Chairman Adams stated that she felt comfortable supporting the application to DEP but not comfortable with jeopardizing the thin JULY 16, 1996 37 BOOK 98 FA,c: 567 BOOK 98 f� E 568 line of trust established with DEP by issuing an emergency permit when there is no emergency situation. Chester Clem assured the Board that the applicant will work with DEP but urged the Board to grant the emergency permit. Chairman Adams believed Mr. Clem would surely have an opportunity to get the emergency permit but reminded the applicants that they could have already been talking with DEP had they chosen to. Chester Clem felt that since the County had granted the permit for the first 8 units, it is also an emergency for the next 13 houses. It is the same project and the same emergency. Deputy County Attorney Collins remarked that the statute on rigid coastal armoring assigns much more responsibility to the State than to the County. The County can only issue the permits if the State has not and the Board finds erosion threatened as a result of a storm. The Board must consider any impact on adjacent properties. There is nothing to preclude Mr. Clem's clients from applying to the State but if the County applies to the State, the County would face an order to remove the structures at great expense. Chester Clem stated that the applicants will go to DEP on an emergency basis but it takes at least 18 months. The reality of the situation is that the applicants need to get on the train with Mr. Glynn's group. Charlie Cangianelli, of Cangianelli Construction, stated that construction materials take 30 to 60 days to arrive and they need to go ahead and order them. Commissioner Macht asked for a definition of "emergency", and Deputy County Attorney Collins advised the statute contains no definition of emergency. Commissioner Macht felt we have no reason to think the situation will resolve itself and the Board has already granted the same relief to the adjacent property owners. The applicants have the same situation and the same right to protect their homes. Commissioner Bird did not see any difference in the emergency status. Commissioner Tippin also could not see that it is a different situation. Commissioner Eggert agreed there is very definitely an emergency there and the condition has been made worse because the first section of the wall is in. She had no problem with issuing an emergency permit. JULY 169 1996 38 Charlie Cangianelli advised that the necessary surveys will need to be prepared. They will follow the same procedures they followed for the first section of the seawall. MOTION WAS MADE by Commissioner Macht, SECONDED by Commissioner Bird, that the Board recognize that an emergency situation exists; authorize the permit to be issued to applicant on the condition the applicant shall vigorously pursue an application with the Department of Environmental Protection in Tallahassee; and conditioned upon the wall being contiguous. R e Deputy County Attorney Collins -noted that the Board should clarify when the permit will be effective, and Director Davis stated that October 1st is officially the date the turtle nesting season is over. Deputy County Attorney Collins also felt it should be made clear that the applicant is mobilizing their resources rather than starting the process. Charlie Cangianelli advised he would continue the project when the wall is completed for the other 3 homes. The date for the end of the turtle nesting season is October 1st, and he would plan to give them an additional 30 days for the eggs to hatch. Should there be no turtles, then construction would probably start around September 15th. Chairman Adams then questioned the construction materials being in Wabasso Park for another 90 days, and Mr. Cangianelli did not believe it would be as big and inconvenient a project as the last time but agreed that they would stockpile down on the beach where they will be working. Director Davis commented that some of these structures are on pile foundations and there are 4 properties in Summerplace which are not a part of this project and are not proposing seawalls. There will be gaps in the wall and there has been no evaluation as to the effect of these gaps. Dan Hersh stated he is hoping there will be no gap. There are only 2 homeowners that have not committed to the project but they are studying the information and considering joining. County Coastal Engineer Jeff Tabar strongly supported the idea that the seawall be contiguous. Anthony Thomas of 9555 Frangipani Drive was concerned that the Humiston Park erosion had been caused by the armoring of the Driftwood. He /believed �tfjhis(f project will cause surge damage to JULY 16, 1996 q 39 F �oc►K 98 569 �,. Boa 98 P{r:F 5 O Wabasso Park and could not understand why the applicant has not already applied to the State for a permit. He .also questioned why Bill Glynn's group had not yet applied. He requested that the Board not grant the permit. Chairman Adams advised that the permit would contain protective language to allow the County to collect for any damage to Wabasso Beach Park. THE CHAIRMAN CALLED THE QUESTION and the Motion was voted on and carried by a 4-1 vote (Chairman Adams opposed). REPORT ON TALLAHASSEE MEETING Due to time constraints, no report was given. SOLID WASTE DISPOSAL DISTRICT The Chairman announced that immediately upon adjournment, the Board would reconvene 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 12:24 p.m. ATTEST: J arton, Clerk Minutes Approved: F- /3- 9 � JULY 169 1996 40 Fran B. Adams, Chairman