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
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od
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9DAF D OF COUNTY COMMGSDGRS
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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