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HomeMy WebLinkAbout9/23/1997S MINUTES -ATTACHED � BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA A G E N D A TUESDAY, SEPTEMBER 23, 1997 9:00 A.M. - COUNTY COMMISSION CHAMBER County Administration Building 1840 25th Street, Vero Beach, Florida 32960 COUNTY COMMISSIONERS Carolyn K. Eggert, Chairman (District 2) John W. Tippin, Vice Chairman (District 4) Fran B. Adams (District 1) Caroline D. Ginn (District 5 Kenneth R. Macht (District 3) James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to the Board 9:00 am. 1. CALL TO ORDER BACKUP PAGES 2. INVOCATION 3. PLEDGE OF ALLEGIANCE - Comm. Caroline D. Ginn 4. ADDITIONS to the AGENDA/EMERGENCY ITEMS ADDITIONS: 13.B. Gifts & Gratuities (Ethics Ordinance) - Dodgers vs Marlins Playoffs 13.D. St. Johns River Water Management District Invitation - Airboat Tour 13.E. Children's Services Network Update 5. PROCLAMATION and PRESENTATIONS None 6. APPROVAL OF NUNUTES None 7. CONSENT AGENDA A. Approval of Wan -ants (memorandum dated September 11, 1997) B. Invitation from John's Island Club for Staff to Participate in "Public Safety Day" Golf Outing (memorandum dated September 15, 1997) C. Release and Substitution of Conservation Ease- ment - Lindsey Lanes Subdivision, Phase I (Scot A. Wilke -Lot 3, Block G) (memorandum dated September 17,1997) D. Request for County Commission Authorization for County Staff to Obtain Initial Management Services Relating to Acquired Environmental Lands Contingent Upon County Administrator Approval (memorandum dated September 17,1997) 1-7 8-9 10-12 13-14 7. CONSENT AGENDA (cont'd.): boj IU ['�G- BACKUP PAGES E. Cooperative Agreement Department of Agri- culture and Consumer Services Division of Forestry and Indian River County (memorandum dated September 17, 1997) 15-18 F. 1997/98 State of Fla. Dept. of Health and Rehabilitative Services Contract (memorandum dated September 16, 1997) 19-65 G. Miscellaneous Budget Amendment 033 (memorandum dated September 17, 1997) 66-67 H. Inter -Fund Borrowing (memorandum dated September 17, 1997) 68 I. Oak Point Development Group, Inc.'s Request for Final Plat Approval for a Platted Develop- ment to be Known as Grove Place (memorandum dated September 17, 1997) 69-74 J. Bid Award IRC #8010 / Janitorial Supplies (memorandum dated September 17, 1997) 75-81 K. Payment of Indigent Appellant Filing Fees (memorandum dated September 15, 1997) 82-83 L. Recently Acquired Properties - Tax Cancellations (memorandum dated September 10, 1997) 84-88 M. Fla. State Statutes Rule Changes/Revisions - Chapter 6213-33, Coastal Armoring & Emergency Permitting - Public Workshop (memorandum dated September 17, 1997) 89-94 N. Restrict Proceeds from Sale of Buildings (memorandum dated September 17, 1997) 95-96 8. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None 9:05 A.M. 9. PUBLIC ITEMS A. PUBLIC HEARINGS None B. PUBLIC DISCUSSION ITEMS Connie Gates Request to Speak to the Board Regarding Property on 105th Place Owned by Bill Jordan (memorandum dated September 15, 1997) 97-136 C. PUBLIC NOTICE ITEMS Request for Public Hearing Regarding Application for a Certificate of Public Convenience and Neces- sity for a Class "C" Certificate from Coastal Health Systems of Brevard, Inc., to Provide Non -Emergency ALS Neonatal Interfacility Medical Transport Service Originating from Indian River County Pursuant to Indian River County Code Chapter 304 (memorandum dated September 15, 1997) 137 10. COUNTY AD TOR'S MATTERS ERACKUP None PAGES 11. DEPARTMENTAL MATTERS A. Communily Development None B. Emergency Services None C. General Services None D. Leisure Services None E. Office of Management and Budget Excess Insurance Program (memorandum dated September 17,1997) 138-144 F. Personnel None G. Public Works 1. Intersection & Drainage Improvements, Roseland Rd. East at US #1 (memorandum dated September 4, 1997) 145-148 2. Request for County to Culvert Sebastian River Water Control District R14E Canal Beneath 66th Ave. (memorandum dated September 16,1997) 149-151 IL Utilities 1. So. Co. Wastewater Treatment Plant Expan- sion Project - Change Order No. 1 (memorandum dated September 10, 1997) 152-171 2. So. Co. Wastewater Treatment Plant Expan- sion Project - Outside Contract Inspection Services (memorandum dated September 10, 1997) 172-178 12. COUNTY ATTORNEY None 13. COMMISSIONERS ITEMS A. Chairman Carolyn K. Eggert I.RC. Legislative Delegation Meeting (memo dated September 12,1997) 179 B. Vice Chairman John W Ti ppin VA 6®:�K I r1�Cj ij' j�BACKUr 13. COMMISSIONERS ITEMS L cont'd.` • ! r�j7�,% PAGES C. Commissioner Fran B. Adams D. Commissioner Caroline D. Ginn E. Commissioner Kenneth R. Macht 14. SPECIAL DISTRICTS/BOARDS A. Emergency Services District None B. Solid Waste Disposal District 1. Vegetative and Wood Waste Processing and Recycling, IRC Bid #7059 (memorandum dated September 15, 1997) 180-186 2. Indian River Correctional Institution (memorandum dated September 16, 1997) 187-188 3. Closed Landfills (memorandum dated September 10, 1997) 189-203 4. Sole 1997 Petition to Solid Waste Disposal District Adjustment Board Appeal Hearing (memorandum dated September 11, 1997) 204-211 C. Environmental Control Board None 15. ADJOINT 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 Df meeting. - !- Meeting broadcast live on TCI Cable Channel 13 - rebroadcast various times throughout the week Falcon Cable Channel 35 - rebroadcast Friday evening INDEX TO MINUTES SEPTEMBER 23, 1997 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA 1. CALL TO ORDER ............................................... 1 2. INVOCATION .................................................. 1 3. PLEDGE OF ALLEGIANCE ....................................... 1 4. ADDITIONS TO THE AGENDA - ANNOUNCEMENT .................. 1 5. PROCLAMATIONS AND PRESENTATIONS ......................... 2 6. APPROVAL OF MINUTES ........................................ 2 7. CONSENT AGENDA ............................................ 2 A. Approval of Warrants ....................................... 2 B. Invitation from John's Island Club for Staff to Participate in "Public Safety Day" Golf Outing .......................................... 9 C. Release and Substitution of Conservation Easement - Lindsey Lanes Subdivision, Phase I (Scot A. Wilke - Lot 3, Block G) .............. 10 D. Request for County Commission Authorization for County Staff to Obtain Initial Management Services Relating to Acquired Environmental Lands Contingent Upon County Administrator Approval ................. 11 E. Cooperative Agreement Department ofAgriculture and Consumer Services Division of Forestry and Indian River County ................... 13 F. 1997-98 State of Florida Department of Health and Rehabilitative Services Contract ................................................ 14 G. Miscellaneous Budget Amendment 034 ......................... 15 H. Inter -Fund Borrowing ...................................... 17 I. Oak Point Development Group, Inc. - Final Plat Approval for a Platted Development to be Known as Grove Place ....................... 18 J. BidAward 48010/Janitorial Supplies ........................... 19 K. Payment of Indigent Appellant Filing Fees ...................... 21 L. Recently Acquired Properties - Tax Cancellations ................. 22 M. Florida State Statutes Rule Changes/Revisions - Chapter 62B-33, Coastal Armoring & Emergency Permitting -Public Workshop ............. 29 N. Restrict Proceeds from Sale of Buildings ........................ 29 9.B. PUBLIC DISCUSSION ITEM - CONNIE GATES' REQUEST TO SPEAK TO THE BOARD REGARDING PROPERTY ON 105TH PLACE OWNED BY BILL JORDAN..................................................... 31 9.C. PUBLIC NOTICE ITEM - REQUEST FOR PUBLIC HEARING REGARDING APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR A CLASS "C" CERTIFICATE FROM COASTAL HEALTH SYSTEMS OF BREVARD, INC., TO PROVIDE NON -EMERGENCY ALS NEONATAL INTER -FACILITY MEDICAL TRANSPORT SERVICE ORIGINATING FROM INDIAN RIVER COUNTY PURSUANT TO INDIAN RIVER COUNTY CODE CHAPTER 304 ............................ 42 BOOK+ boor, 0� F¢GE8 l l.E. EXCESS INSURANCE PROGRAM ........................... 43 11.G.1. ROSELAND ROAD EAST AT US#1- INTERSECTION AND DRAINAGE IMPROVEMENTS - PURCHASE OF RIGHT-OF-WAY FROM THOREN.......................................... 44 11.G.2. REQUEST FOR COUNTY TO CULVERT SEBASTIAN RIVER WATER CONTROL DISTRICT R14E CANAL BENEATH 66TH AVENUE ... 45 l l.H.1. SOUTH COUNTY WASTEWATER TREATMENT PLANT EXPANSION PROJECT - WHARTON-SMITH, INC. - CHANGE ORDER # 1 ....................................................... 47 l l.H.2. SOUTH COUNTY WASTEWATER TREATMENT PLANT EXPANSION PROJECT - OUTSIDE INSPECTION SERVICES - CAMP DRESSER & McKEE, INC ............................................. 49 13.A. LEGISLATIVE DELEGATION MEETING ..................... 50 13.B. GIFTS & GRATUITIES (ETHICS ORDINANCE) - PLAYOFF TICKETS DODGERS VS MARLINS .................................. 52 13.D. INVITATION FROM ST. JOHNS RIVER WATER MANAGEMENT DISTRICT FOR AIRBOAT TOUR OF UPPER ST. JOHN'S BASIN PROJECT ....................................................... 53 13.E. CHILDREN'S SERVICES NETWORK UPDATE ................ 53 14.B. SOLID WASTE DISPOSAL DISTRICT ........................ 53 September 23, 1997 The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 1840 25' Street, Vero Beach, Florida, on Tuesday, September 23, 1997, at 9:00 a.m. Present were Carolyn K. Eggert, Chairman; John W. Tippin, Vice Chairman; Fran B. Adams; Kenneth R. Macht, and Caroline D. Ginn. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and Patricia Ridgely, Deputy Clerk. L CALL TO ORDER The Chairman called the meeting to order at 9:00 a.m. 2. INVOCATION Commissioner Tippin delivered the invocation. 3. PLEDGE OF ALLEGIANCE Commissioner Ginn led the Pledge to the Flag. 4. ADDITIONS TO THE AGENDA - ANNOUNCEMENT Commissioner Tippin requested the addition of item 13.B., Gifts and Gratuities, concerning an invitation to attend a Dodgers vs Marlins playoff game should it occur. (Ethics Code) Commissioner Ginn requested the addition of item 13.D. concerning an invitation from St. Johns River Water Management District. Commissioner Macht requested the addition of item 13.E. an update on the Children's Services Network. 1 SEPTEMBER 23, 1997 b0!Jx ON MOTION by Commissioner Adams, SECONDED BY Commissioner Ginn, the Board unanimously added the above items to the Agenda. Later in the meeting, following item 9.C., Chairman Eggert announced that the public hearings scheduled for October 7, 1997 regarding the land acquisition of the Flinn and Irwin properties will be deferred to October 14, 1997, because there will not be a full Board on the 7'. (Commissioner Macht will be absent) 5. PROCLAMATIONS AND PRESENTATIONS None. 6 APPROVAL OF MINUTES None. CCONSENT AGENDA Commissioner Ginn requested that item 7.D. be separated from the Consent Agenda. A A-pproval of Warrants The Board reviewed a Memorandum dated September 11, 1997: TO: HONORABLE BOARD OF COUNTY COMMISSIONERS DATE: SEPTEMBER 11, 1997 SUBJECT: APPROVAL OF WARRANTS 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 minutes. Approval is requested for the attached list of warrants. issued by the Clerk to the Board, for the time period of September 5 to September 11, 1997. 2 SEPTEMBER 23, 1997 ON MOTION by Commissioner Adams, SECONDED BY Commissioner Ginn, the Board unanimously approved the list of warrants issued by the Clerk to the Board for the time period t SEPTEMBER 23, 1997 b0�?K m �.� �'r.�E TUU of September 5-11, 1997, as requested. CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0018758 INDIAN RIVER COUNTY 9/05/97 15.00 0018759 TEAMSTERS LOCAL UNION NO 769 9/05/97 3,670.00 0018760 AMERICAN FAMILY LIFE ASSURANCE 9/05/97 461.92 0018761 KAUFFMANN, ALAN 9/05/97 184.44 0018762 RODDENBERRY, ALFRED 9/05/97 258.41 0018763 BARTON, JEFFREY K 9/09/97 30,160.00 0228776 ALPHA ACE HARDWARE 9/11/97 9.46 0228777 ACTION ANSWERING SERVICE 9/11/97 504.31 0228778 ATCO TOOL SUPPLY 9/11/97 227.51 0228779 AT EASE ARMY NAVY 9/11/97 343.00 0228780 ALL POWER SERVICES, INC 9/11/97 609.80 0228781 ALPHA HEALTH SERVICE, INC 9/11/97 1 366.66 0228782 A T & T 9/11/97 17.36 0228783 APPRAISAL INSTITUTE 9/11/97 265.00 0228784 ALL RITE WATER CONDITIONING 9/11/97 100.00 0228785 ADVANCED MEDICAL & PHARMACY 9/11/97 318.00 0228786 ADDISON OIL CO 9/11/97 638.51 0228787 ALLIED COLLOIDS, INC 9/11/97 3,889.62 0228788 A T & T 9/11/97 6.94 0228789 AMERIGAS-FT PIERCE 9/11/97 60.00 0228790 ATLANTIC COASTAL TITLE CORP 9/11/97 291.00 0228791 ALL COUNTY EQUIPMENT COMPANY 9/11/97 348.44 0228792 AUTO PARTS OF VERO, INC 9/11/97 2,518.57 0228793 ARAMARK UNIFORM SERVICES 9/11/97 4,443.22 0228794 AMERICAN REPORTING 9/11/97 10.00 0228795 ARCH PAGING 9/11/97 352.80 0228796 ARCHITECTS AND DESIGNERS BOOK 9/11/97 56.79 0228797 AMERISYS, INC 9/11/97 241.50 0228798 AMJ EQUIPMENT CORP 9/11/97 483.88 0228799 BOARD OF COUNTY COMMISSIONERS 9/11/97 2,501.84 0228800 BLACKHAWK QUARRY COMPANY 9/11/97 310.27 0228801 BELLSOUTH MOBILITY 9/11/97 318.46 0228802 BARTON, JEFFREY K- CLERK 9/11/97 33,978.23 0228803 BARTON, JEFFREY K -CLERK 9/11/97 7,240.25 0228804 BERGGREN EQUIPMENT CO, INC 9/11/97 80.71 0228805 BARTON, JEFFREY K -CLERK 9/11/97 5,000.00 0228806 BRODART CO 9/11/97 145.40 0228807 BLAIS ELECTRIC, INC 9/11/97 84.20 0228808 BOYNTON PUMP & IRRIGATION 9/11/97 134.84 0228809 BASS, GEOFFREY 9/11/97 51.00 0228810 BILLING SERVICE, INC 9/11/97 130.10 0228811 BEVERAGE STOP, THE 9/11/97 120.00 0228812 BOOKS ON TAPE 9/11/97 270.00 0228813 BAKER & TAYLOR ENTERTAINMENT 9/11/97 21.80 0228814 BET OUTH 9/11/97 860.72 0228815 BOLLE AMERICA, INC 9/11/97 35.75 0228816 BLUE CROSS/BLUE SHIELD OF 9/11/97 17,314.00 0228817 BAKER & TAYLOR INC 9/11/97 457.41 0228818 BITS COMPUTER 9/11/97 195.00 0228819 B & M CONSTRUCTION CO 9/11/97 500.00 0228820 BET J, 9/11/97 106.42 0228821 CAMERON & BARKLEY COMPANY 9/11/97 167.76 0228822 CARTER ASSOCIATES, INC 9/11/97 275.00 0228823 FALCON POWER LIMITED 9/11/97 54.21 0228824 CITRUS MOTEL 9/11/97 136.00 0228825 CLEMENTS PEST CONTROL 9/11/97 425.50 t SEPTEMBER 23, 1997 b0�?K m �.� �'r.�E TUU 60OK � ". F'rW 836 CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0228826 COMMUNICATIONS INT'L INC 9/11/97 601.00 0228827 CONSOLIDATED ELECTRIC SUPPLY 9/11/97 616.00 0228828 COMPUTER & PERIPHERIAL 9/11/97 85.00 0228829 CHAMBER OF COMMERCE 9/11/97 36,430.76 0228830 CUTTING EDGE SIGN CO., THE 9/11/97 25.00 0228831 CAMP, DRESSER & MCKEE, INC 9/11/97 23,931.00 0228832 COASTAL FUELS MARKETING, INC 9/11/97 15,167.57 0228833 CLINIC PHARMACY 9/11/97 567.27 0228834 CITGO PETROLEUM CORP 9/11/97 1,002.95 0228835 COGAR, ROBERT 9/11/97 88.74 0228836 CALLAWAY GOLF COMPANY 9/11/97 304.75 0228837 C V S 0 A 9/11/97 165.00 0228838 COBRA GOLF, INC 9/11/97 216.15 0228839 COASTAL REHABILITATION, INC 9/11/97 142.65 0228840 COMPAQ G.E.M. 9/11/97 2,319.00 0228841 CARTER, CYNTHIA L 9/11/97 69.51 0228842 CENTRAL PUMP & SUPPLY INC 9/11/97 25.92 0228843 CENTER FOR EMOTIONAL AND 9/11/97 228.00 0228844 CAPE PUBLICATIONS INC 9/11/97 166.00 0228845 CONSTRUCTION TECHNOLOGY GROUP 9/11/97 500.00 0228846 CLARE, JOHN PHD 9/11/97 500.00 0228847 CRA MANAGED CARE, INC 9/11/97 275.00 0228848 DAILY COURIER SERVICE 9/11/97 283.50 0228849 DAVES SPORTING GOODS 9/11/97 333.00 0228850 DIAMOND R FERTILIZER, CO. INC 9/11/97 807.75 0228851 DOCTOR'S CLINIC 9/11/97 426.00 0228852 DON SMITH'S PAINT STORE, INC 9/11/97 610.78 0228853 DATA SUPPLIES, INC 9/11/97 1,308.31 0228854 FLORIDA DEPARTMENT OF 9/11/97 250.00 0228855 FLORIDA DEPARTMENT OF 9/11/97 500.00 0228856 DILTS, GARY 9/11/97 36.83 0228857 DADE PAPER COMPANY 9/11/97 205.58 0228858 DESIGNED TRAFFIC 9/11/97 32,998.00 0228859 DOWNTOWN PRODUCE INC 9/11/97 74.70 0228860 DATABASE TECHNOLOGIES INC 9/11/97 50.00 0228861 DEUBEL SEAMLESS GUTTERS 9/11/97 17.00 0228862 E -Z BREW COFFEE SERVICE, INC 9/11/97 245.00 0228863 ERRETT, NANCY 9/11/97 80.60 0228864 EBSCO SUBSCRIPTION SERVICES 9/11/97 199.50 0228865 EMERGENCY MEDICINE ASSOCIATES 9/11/97 65.00 0228866 EAST COAST SOD 9/11/97 14,748.75 0228867 EVAC ONE 9/11/97 236.06 0228868 EDL E ENTERPRISES, INC 9/11/97 .54 0228869 FEDERAL EXPRESS CORP 9/11/97 76.00 0228870 FIDELITY PRODUCTS COMPANY 9/11/97 204.28 0228871 FINNEY, DONALD G 9/11/97 116.29 0228872 FLORIDA EAST COAST RAILWAY CO 9/11/97 9,766.51 0228873 FLORIDA COCA-COLA BOTTLING CO 9/11/97 451.80 0228874 F P & L 9/11/97 11,643.71 0228875 FLORIDA RETIREMENT SYSTEM 9/11/97 48.21 0228876 FLETCHER'S TV & APPLIANCE 9/11/97 270.45 0228877 FLOWERS BAKING COMPANY OF 9/11/97 83.17 0228878 FLORIDA POWER & LIGHT 9/11/97 240.00 0228879 FLORIDA TIRE RECYCLING, INC 9/11/97 918.00 0228880 FLINN, SHEILA I 9/11/97 52.50 0228881 F A C A A 9/11/97 75.00 0228882 FALCON CABLE TV 9/11/97 25.10 0228883 FELLSMERE, CITY OF 9/11/97 81.25 0228884 FARM PLAN CORP 9/11/97 66.04 0228885 FLORIDA NOTARY SERVICE AND 9/11/97 74.00 0228886 FELT.SMERE POLICE DEPARTMENT 9/11/97 50.00 0228887 FORE COMMUNICATIONS, INC 9/11/97 149.00 0228888 FLORIDA DESIGN CONTRACTORS 9/11/97 84,495.19 0228889 FDEP 9/11/97 250.00 0228890 FLORIDA OCCUPATIONAL HEALTH 9/11/97 60.00 0228891 GAYLORD BROTHERS, INC 9/11/97 172.47 4 SEPTEMBER 23, 1997 5 SEPTEMBER 23, 1997 CHECK CHECK NAME DTE AMOUNT NUMBER 0228892 GENEALOGICAL PUBLISHING 9/11/97 32.21 0228893 GENERAL GMC, TRUCK 9/11/97 436.93 0228894 GENE'S AUTO GLASS 9/11/97 220.00 0228895 GLIDDEN COMPANY, THE 9/11/97 27.56 0228896 GRAYBAR ELECTRIC 9/11/97 494.02 0228897 GRAYBAR ELECTRIC CO, INC 9/11/97 64.00 0228898 GOODYEAR TIRE COMPANY 9/11/97 1,906.48 0228899 GLOBAL COMPUTER SUPPLIES 9/11/97 305.14 0228900 GALE RESEARCH, INC 9/11/97 314.36 0228901 GREYHOUND LINES, INC 9/11/97 234.00 0228902 GIFFORD COMMUNITY CENTER 9/11/97 1,008.43 0228903 GINN, CAROLINE D 9/11/97 23.20 0228904 GOLD STAR OF THE TREASURE 9/11/97 1,922.00 0228905 GREENWOOD PUBLISHING GROUP 9/11/97 103.90 0228906 GREEN, PETER N 9/11/97 11000.00 0228907 GE CAPITAL INFO TECHNOLOGY 9/11/97 1,344.00 0228908 GREEN BAY ORTHOPEDICS LTD 9/11/97 42.55 0228909 GOLDEN JERSEY PRODUCT INC 9/11/97 500.00 0228910 HARRIS SANITATION, INC 9/11/97 435.36 0228911 HARRISON UNIFORMS 9/11/97 27.28 0228912 HI -TECH SERVICING TECH'NS 9/11/97 380.65 0228913 HUMANE SOCIETY OF VERO BEACH 9/11/97 18,495.00 0228914 HOGAN, JAMES D 9/11/97 500.00 0228915 HILL MANUFACTURING 9/11/97 373.34 0228916 HELD, PATRICIA BARGO 9/11/97 70.50 0228917 HACH SUPPLY 9/11/97 537.91 0228918 HOLIDAY INN 9/11/97 75.00 0228919 HORIZON NURSERY 9/11/97 35.20 0228920 INDIAN RIVER COUNTY 9/11/97 42,685.30 0228921 INDIAN RIVER BATTERY 9/11/97 1,995.80 0228922 INDIAN RIVER COUNTY UTILITY 9/11/97 1,228.55 0228923 INGRAM 9/11/97 122.99 0228924 INTERSTATE BILLING SERVICE 9/11/97 1,267.13 0228925 INDIAN RIVER ANIMAL HOSPITAL 9/11/97 15.00 0228926 INDIAN RIVER MEMORIAL HOSPITAL 9/11/97 744.18 0228927 INNOVATIVE NETWORK SYSTEMS 9/11/97 896.00 0228928 INTERSTATE DIESELECTECT, INC 9/11/97 91.52 0228929 INDIAN RIVER ALL -FAB, INC 9/11/97 200.83 0228930 IRC EMPLOYEE HEALTH INSURANCE- 9/11/97 207,209.61 0228931 INTERFACE ELECTRONICS, INC 9/11/97 891.08 0228932 INDIAN RIVER HAND 9/11/97 592.00 0228933 JACKSON ELECTRONICS 9/11/97 49.07 0228934 JACOBS ELECTRIC MOTOR REPAIR 9/11/97 258.40 0228935 JANIE DEAN CHEVROLET, INC 9/11/97 1,003.32 0228936 J A A F FALL CONFERENCE 9/11/97 120.00 0228937 J P COMPUTERS, INC 9/11/97 399.41 0228938 JAMEISON PUBLISHERS 9/11/97 502.50 0228939 JEWETT ORTHOPAEDIC CLINIC 9/11/97 21.60 0228940 J C WELTON CONSTRUCTION INC 9/11/97 387.00 0228941 JONES CHEMICALS, INC 9/11/97 820.00 0228942 KEATING, ROBERT M 9/11/97 8.12 0228943 KING, JOHN W 9/11/97 88.36 0228944 KELLY TRACTOR 9/11/97 3,020.57 0228945 KIRBY AUTO SUPPLY 9/11/97 1,299.62 0228946 KT MOWER & EQUIPMENT 9/11/97 372.43 0228947 KLINK, RICHARD 9/11/97 880.00 0228948 L M P/ I CO 9/11/97 397.50 0228949 LOWE'S HOME CENTERS, INC 9/11/97 35.56 0228950 LEWIS, RUTH A 9/11/97 45.91 0228951 LFI VERO BEACH, INC 9/11/97 4,662.32 0228952 LESCO, INC 9/11/97 110.13 0228953 LUCENT TECHNOLOGIES 9/11/97 35.20 0228954 LONG, JAMES T ESQUIRE 9/11/97 16.00 0228955 LOGISTIC SYSTEMS, INC 9/11/97 36,410.00 5 SEPTEMBER 23, 1997 CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0228956 MACMILLAN OIL COMPANY 9/11/97 178.03 0228957 MAXWELL PLUMBING, INC 9/11/97 305.41 0228958 MCCOLLUM, NATHAN 9/11/97 88.36 0228959 MICKLER'S FLORIDIANA, INC 9/11/97 138.86 0228960 MID COAST TIRE SERVICE, INC 9/11/97 10.00 0228961 MIKES GARAGE 9/11/97 115.00 0228962 MIAMI ELEAVTOR COMPANY 9/11/97 1,958.00 0228963 MIZUNO GOLF COMPANY 9/11/97 1,873.72 0228964 MARTIN COUNTY PETROLEUM 9/11/97 1,406.59 0228965 MIDWEST TAPE EXCHANGE 9/11/97 51.80 0228966 M C B COLLECTION SERVICES 9/11/97 28.63 0228967 MR BOB PORTABLE TOILET 9/11/97 447.12 0228968 MRI -NET, INC 9/11/97 450.00 0228969 MARC INDUSTRIES 9/11/97 368.96 0228970 MIKE'S WRECKER SERVICE 9/11/97 615.00 0228971 MCCKURREY, ANGELA 9/11/97 618.06 0228972 NORTH SOUTH SUPPLY 9/11/97 364.01 0228973 NEFF MACHINERY, INC 9/11/97 222.46 0228974 NATIONAL AMBULANCE BUILDERS, 9/11/97 511.79 0228975 NAN MCKAY & ASSOCIATES, INC 9/11/97 201.00 0228976 NEOWARE SYSTEMS, INC 9/11/97 5,840.00 0228977 OSCEOLA PHARMACY 9/11/97 28.82 0228978 O'NEIL, LEE & WEST 9/11/97 20,071.89 0228979 P C MAGAZINE 9/11/97 26.97 0228980 PAGENET 9/11/97 201.32 0228981 PALM BEACH NEWSPAPER, INC 9/11/97 178.50 0228982 PEACE RIVER ELECTRIC 9/11/97 284.13 0228983 PERKINS DRUG, INC 9/11/97 476.72 0228984 PERKINS INDIAN RIVER PHARMACY 9/11/97 206.67 0228985 PHILLIPS, LINDA R 9/11/97 259.00 0228986 PIFER, INC 9/11/97 3,007.71 0228987 POSTMASTER 9/11/97 400.00 0228988 PROCTOR CONSTRUCTION 9/11/97 500.00 0228989 PORT PETROLEUM, INC 9/11/97 141.42 0228990 PUBLIX 9/11/97 80.00 0228991 PRESS JOURNAL 9/11/97 209.00 0228992 POSTMASTER 9/11/97 64.00 0228993 PINEWOODS ANIMAL HOSPITAL 9/11/97 123.00 0228994 PRIMESTAR BY TCI CABLE 9/11/97 39.95 0228995 PROPERTY DAMAGE APPRAISER,INC 9/11/97 67.50 0228996 PRESS JOURNAL - SUBSCRIPTION 9/11/97 112.00 0228997 PRESS JOURNAL/STUART NEWS 9/11/97 569.58 0228998 PRAXAIR DISTRIBUTION SOUTHEAST 9/11/97 229.19 0228999 POMEROY COMPUTER RESOURCES 9/11/97 76.16 0229000 QUALITY BOOKS, INC 9/11/97 193.48 0229001 RIFKIN, SHELDON H PHD 9/11/97 500.00 0229002 RUSSELL CONCRETE, INC 9/11/97 1,292.00 0229003 RUSSO PRINTING, INC 9/11/97 193.60 0229004 RANKIN, ANN 9/11/97 117.75 0229005 ROBINSON EQUIPMENT COMPANY,INC 9/11/97 177.83 0229006 RED LINE HEALTHCARE 9/11/97 72.20 0229007 ROY CLARK 9/11/97 2,950.00 0229008 REAP, BRUCE 9/11/97 368.38 0229009 REHAB MANAGEMENT SYSTEMS INC 9/11/97 75.92 0229010 SAFETY KLEEN CORP 9/11/97 193.50 0229011 SCHOPP, BARBARA G 9/11/97 164.50 0229012 SEBASTIAN BUSINESS SUPPLY, INC 9/11/97 12.16 0229013 SEWELL HARDWARE CO, INC 9/11/97 445.51 0229014 SHELL OIL COMPANY 9/11/97 1,673.85 0229015 SKISCIM'S CAMERA STORE 9/11/97 47.16 0229016 SMART CORPORATION 9/11/97 7.55 0229017 SOUTHERN EAGLE DISTRIBUTING, 9/11/97 808.55 0229018 SOUTHERN ELECTRIC SUPPLY 9/11/97 37.44 0229019 SOUTHERN TRUCK EQUIPMENT 9/11/97 557.90 0229020 STURGIS LUMBER & PLYWOOD CO 9/11/97 50.44 6 SEPTEMBER 23, 1997 � s � CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0229021 SUN COAST WELDING SUPPLIES INC 9/11/97 157.10 0229022 SUNRISE FORD TRACTOR CO 9/11/97 59.43 0229023 SUNSHINE PHYSICAL THERAPY 9/11/97 120.00 0229024 STEIL, HOLLY 9/11/97 29.00- 0229025 SERVICE REFRIGERATION CO, INC 9/11/97 316.20 0229026 SIMON & SCHUSTER 9/11/97 258.90 0229027 SHERWOOD, FRANCES G 9/11/97 214.02 0229028 SCHOOL DISTRICT OF IRC 9/11/97 1,100.00 0229029 J A SEXAUER, INC 9/11/97 861.60 0229030 SUBWAY STAMP SHOP INC 9/11/97 92.40 0229031 SOUTHERN SEWER EQUIPMENT SALES 9/11/97 318.00 0229032 SHEPARD'S 9/11/97 304.10 0229033 SUBSTANCE ABUSE COUNCIL 9/11/97 7,102.70 0229034 SPALDING SPORTS WORLD WIDE 9/11/97 166.80 0229035 SOFTWARE CITY 9/11/97 193.68 0229036 SEA TURTLE INN 9/11/97 260.00 0229037 SUPERIOR PRINTING 9/11/97 1,563.50 0229038 SYSCO FOOD SERVICE 9/11/97 487.34 0229039 STEWART INDUSTRIES 9/11/97 687.42 0229040 SEBASTIAN POLICE DEPARTMENT 9/11/97 50.00 0229041 SIMS, MATTHEW 9/11/97 121.22 0229042 SYSTEMATIC SERVICES, INC 9/11/97 3,699.56 0229043 ST LUCIE COUNTY 9/11/97 3,000:00 0229044 SARAH BRYSON INDUSTRIES 9/11/97 158.75 0229045 STM COMPANY 9/11/97 41.00 0229046 SOUTHERN SECURITY SYSTEMS OF 9/11/97 813.00 0229047 SUB ROSA INVESTIGATIONS 9/11/97 700.00 0229048 SHORE -LINE CARPET SUPPLIES OF 9/11/97 41.23 0229049 SEKOT LABORATORIES INC 9/11/97 2,500.00 0229050 SMITHKLINE BEECH 9/11/97 136.02 0229051 SECURITYLINK FROM AMERITECH 9/11/97 125.00 0229052 TAYLOR RENTAL 9/11/97 358.24 0229053 THOMAS, DEBBY L 9/11/97 283.50 0229054 TITLEIST DRAWER 9/11/97 956.59 0229055 TRODGLEN PAVING, INC 9/11/97 1,292.50 0229056 TREASURE COAST REFUSE CORP 9/11/97 218.39 0229057 TREASURE COAST TRAVEL AGENCY, 9/11/97 362.00 0229058 TEXACO CREDIT CARD CENTER 9/11/97 1,878.33 0229059 TAYLOR, ED 9/11/97 88.24 0229060 TREASURE COAST CONTRACTING,INC 9/11/97 52,701.60 0229061 TRANSTAT EQUIPMENT INC 9/11/97 787.80 0229062 TCI MEDIA SERVICES 9/11/97 50.00 0229063 TRANS -GENERAL LIFE INSURANCE 9/11/97 5,409.84 0229064 TABAR, JEFFREY 9/11/97 172.12 0229065 TRUGREEN CHEMLAWN 9/11/97 100.00 0229066 SMITH, TERRY L 9/11/97 6.38 0229067 TREASURE COAST MASSAGE THERAPY 9/11/97 74.00 0229068 TECNIFOAM INC 9/11/97 254.45 0229069 US FILTER DISTRIBUTION GROUP 9/11/97 119.05 0229070 URISA 9/11/97 90.00 0229071 VELDE FORD, INC 9/11/97 298.32 0229072 VERO BEACH PRINTING CO 9/11/97 280.75 0229073 VERO BEACH, CITY OF 9/11/97 46,544.80 0229074 VERO CHEMICAL DISTRIBUTORS,INC 9/11/97 138.85 0229075 VERO LAWNMOWER CENTER, INC 9/11/97 626.69 0229076 VETROL DATA SYSTEMS, INC 9/11/97 42.00 0229077 VERO MARINE CENTER, INC 9/11/97 12.25 0229078 VERO BEARING & BOLT 9/11/97 306.26 0229079 VANCE MCCOWN CONSTRUCTION CO 9/11/97 500.00 0229080 WAL-MART STORES, INC 9/11/97 1,453.24 0229081 WALSH, LYNN 9/11/97 23.20 0229082 WEST PUBLISHING PAYMENT CTR 9/11/97 370.36 0229083 W W GRAINGER, INC 9/11/97 347.42 0229084 WAL-MART STORES, INC 9/11/97 315.18 0229085 WAL-MART PHARMACY, INC 9/11/97 45.50 7 SEPTEMBER 23, 1997 � rulij �y CHECK NAME CHECK CHECK NUMBER DATE AMOUNT 0229086 WILLHOFF, PATSY 9/11/97 104.00 0229087 WM THIES & SONS, INC 9/11/97 134.50 0229088 WATER TREATMENT & CONTROLS CO 9/11/97 64.15 0229089 WSCF-FM 9/11/97 300.00 0229090 WALGREENS PHARMACY 9/11/97 798.81 0229091 WBBE-FM 9/11/97 400.00 0229092 WOODARD, RICHARD 9/11/97 43.50 0229093 YAVORSKY'S TRUCK SERVICE,INC 9/11/97 11.22 0229094 Y C ERIC LI, PH.D ABD 9/11/97 1,000.00 0229095 ZIMMERMANN, KARL 9/11/97 9,969.41 0229096 ZEPHYRHILLS SPRING WATER CO 9/11/97 9.50 0229097 EVERHART, MARK 9/11/97 368.77 917,307.91 B Invitation, from John's Island Club or Staff to Participate in "Public Sa tz D y" Golf Outing The Board reviewed a Memorandum dated September 15, 1997: TO: Honorable Board of County Commissioners DATE: September 15. 1997 THROUGH: Jim Chandler, County Administrator FROM: Doug Wright, Directo Emergency Services SUBJECT: Invitation From John's Island Club For Staff To Participate In "Public Safety Day" Golf Outing Since 1990, John's Island Club has sponsored a "Public Safety Day" golf outing at one of the three courses operated by John's Island. The inaugural tournament was proposed as an expression of appreciation for the assistance in suppressing a fire at the John's Island West Clubhouse. Since the inaugural tournament, the invitations have been extended to include all county and municipal public safety agencies which includes firefighters, paramedics, law enforcement officers, dispatchers, and administrative staff. A letter has been received from John's Island Club General Manager Brian Kroh inviting all Emergency Services staff to attend and participate in the annual "Public Safety Day" event. The event is scheduled for September 28, 1997, at 9:OOAM. In January, 1995, the Board approved revisions to Chapter 104 which allows for Commission approval of such events on a case by case basis. Section 104.06 (5)(b)(8) states "The prohibitions enumerated in paragraph (a) and (c) of this section do not apply in the situations enumerated below: "... Local outings offered to all county employees or with prior approval of the Board of County Commissioners, units of county employees." Emergency Services employees did participate in the event last year after receiving approval from the Board of County Commissioners. RECOMMENDATION: Staff respectfully requests favorable consideration by the Board of the invitation from John's Island for Emergency Services staff to participate in the golf outing. 8 SEPTEMBER 23, 1997 ON MOTION by Commissioner Adams, SECONDED BY Commissioner Ginn, the Board unanimously approved participation of Emergency Services' staff in the John's Island Club Public Safety Day Golf Outing, as requested. Subdivision, Please I (Scot A Wilke - Lot 3, Block Q The Board reviewed a Memorandum dated September 17, 1997: TO: The Board of County Commissioners FROM: William G. Collins II - Deputy County Attorney DATE: September 17, 1997 SUBJECT: Release and Substitution of Conservation Easement - Lindsey Lanes Subdivision, Phase I (Scot A. Wilke - Lot 3, Block G) BACKGROUND: On July 26, 1994 the Board of County Commissioners approved the concept of creating a 3-1/2 acre native upland "land bank" to be utilized in future situations where circumstances within the Lindsey Lanes Subdivision required the release of platted conservation easements. The original developer, Stolle Development Corporation, placed approximately 3-1/2 acres of contiguous property which they owned south of 13th Street, S.W. and west of 27th Avenue under a conservation easement. The conservation easements within Lindsey Lanes Phase I Subdivision were at times precluding the development of accessory uses such as swimming pools on certain lots. Since the approval of the "land bank" by the County Commission and recordation of the Conservation Easement at O.R. Book 1030, Page 428, Public Records of Indian River County on August 11, 1994, the Board has approved releases on 18 lots. REQUEST: Scot A. Wilke who owns Lot 3, Block G, cannot install a pool without a release of the conservation easement. The proposal before the Board would release the conservation easement from his lot. The unutilized square footage in the land bank area stands at approximately 122,018 square feet at this time. If granted the remaining acreage in the land bank covered by a conservation easement would exceed amounts released by 120,418 square feet or 2.76 acres. RECOMMENDATION: Authorize the Chairman to execute the attached Release and Substitution of Conservation Easement for Lot 3, Block G. r'. SEPTEMBER 23, 1997 ON MOTION by Commissioner Adams, SECONDED BY Commissioner Ginn, the Board unanimously approved the Release and Substitution of Conservation Easement for Lot 3, Block G, LINDSEY LANES SUBDIVISION, and authorized the Chairman to execute same, as recommended in the Memorandum. RELEASE AND SUBSTITUTION ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD & Request for County Commission Authorization for County Staffto Obtain Initial Management Services Relating to Acquired Environmental Lands _Contingent ITnon County Administrator Approval The Board reviewed a Memorandum dated September 17, 1997: TO: James E. Chandler County Administrator DE TMENT HEAD CONCURRENCE: Robert k Keating, AI Community Development Direct 01P FROM: Roland M. DeBlois AICP Chief, Environmental Planning DATE: September 17, 1997 RE: Request for County Commission Authorization for County Staff to Obtain Initial Management Services Relating to Acquired Environmental Lands, Contingent Upon County Administrator Approval It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of September 23, 1997. DESCRIPTION AND CONDITIONS The Board of County Commissioners, at its regular meeting on August 2, 1994, approved a contract with FloridAffinity/Conservation Consultants for environmental land acquisition/management services. On July 15, 1997, the Board approved a one year extension of that contract 10 SEPTEMBER 23, 1997 Relating to the F1oridAffmity contract, on September 6, 1994, the Board authorized FloridAffinity to subcontract pre-acquisition services on an as -need basis, contingent upon the county administrator's approval. Those pre-acquisition services include land surveys; title reports; appraisals; and environmental audits, funded by environmental land acquisition bond referendum monies. Now that the County has acquired a number of properties under the environmental lands program, there is a need for the County to obtain services from various companies for initial management tasks, in accordance with Board approved management plans and inter -agency agreements. This memorandum is to request that the Board outhorke county staff to obtain services for initial management tasks, as identified in Board approved management plans or inter -agency agreements, on an os -need basis contingent upon county administrator approval ALTERNATIVES & ANALYSIS The County's bond counsel has indicated that initial management costs associated with acquired environmental properties can be funded with environmental land bond referendum monies. Examples of such tasks include nuisance exotic plant removal, habitat restoration, archaeological surveys, and security fencing. The cost for each of the initial management tasks vary anywhere from ±$1,000 to +$25,000, depending on site specific factors. The primary advantage of authorizing county staff to obtain services for initial management tasks is expediency. ffthe Board elects not to authorize staff to obtain services for initial management tasks on an as -need basis as requested, procedural requirements would entail staff issuing a Request for Proposals (RFP) each time that a particular service is needed. More than one RFP would need to be issued for any particular acquisition project site, because different services require different companies (e.g., archaeological surveys, security fencing, nuisance exotic plants removal). As proposed, staff would only be obtaining services for management tasks pre -approved by the Board as components of Board approved management plans or inter -agency agreements. An example is that the County's lease agreement with the State for management of the Cairns Tract provides that the county must identify by survey any archaeological sites that may be on the property. Within the next few weeks, publicly owned property along Jungle Trail will be surveyed by an archaeologist, as part of the Jungle Trail Enhancement ISTEA ( Inter -modal Surface Transportation Enhancement Act) grant project. However, relating to the Cairns Tract, only the west portion along Jungle Trail will be surveyed. By authorizing county staff to obtain services for initial management tasks, staff can expeditiously coordinate with the ISTEA funded archaeologist to expand his survey of the Cairns Tract to include the entire property, whereby the extended area survey would be paid for with environmental land bond funds. If the Board approves staff s request, staff s procedure will be to secure at least three bids in writing from different contractors for each task, and will make a selection based on such factors as: cost; consideration of each bidder's "track record" relating to quality of work; review of each bidder's ability to meet deadlines, and consideration of each bidder's locality as it affects the particular task. An exception to this process would be if a contractor is already under contract for other work (e.g., the ISTEA funded archaeologist), such that costs can be reduced, in the public's interest, by going with that contractor without need for other bids. RECOMMENDATION Staff recommends that the Board of County Commissioners authorize county staff to obtain services for initial management tasks relating to acquired environmental lands, as identified in Board approved management plans or inter -agency agreements, on an as -need basis contingent upon county administrator approval. 11 SEPTEMBER 23, 1997 Commissioner Ginn wondered how this would apply to properties for which the State is holding title, and Community Development Director Bob Keating responded that this matter relates to all of the lands. Commissioner Ginn asked about security fencing of the property, and Director Keating responded that they would rather not do it, but in some cases fencing is necessary to prevent illegal dumping on the properties. They like to keep it to a minimum, but do not want to see the properties actually degraded by dumping. ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Adams, the Board unanimously authorized staff to obtain services for initial management tasks relating to acquired environmental lands, as identified in Board -approved management plans or inter -agency agreements, on an as -needed basis contingent upon County Administrator Approval, as recommended in the Memorandum. E Cooperative Agreement Department ofAgriculture and Consumer Services Division of Forestry and Indian River Count The Board reviewed a Memorandum dated September 17 1997: TO: Members of the Board of County Commissioners DATE: September 17, 1997 SUBJECT: COOPERATIVE AGREEMENT DEPARTMENT OFAGRICULTUREAND CONSUMER SERVICES DIVISION OF FORESTRY AND INDIAN RIVER COUNTY - CONSENT AGENDA FROM: Joseph A Baird' OMB Director Required by Section 125.27 Florida Statutes, Indian River County has an agreement with the Division of Forestry to provide fire protection to the forest and wildland acreage in the County. The attached addendum reduces the annual amount owed by Indian River County from $3,079.00 to $2865.51 which is due to forest and wild land acreage changing from 102,657 to 95,517 acres. The annual amount.of $2,865.51 was budgeted in the 1997/98 fiscal year budget. 12 SEPTEMBER 23, 1997 i RECOMMENDATION Staff recommends that the Board of County Commissioners approve the addendum to theCooperative Agreement with the Department of Agriculture and Consumer Service Division of Forestry and Indian River County and authorize the Chairman to sign the agreement. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Ginn, the Board unanimously approved the Addendum to the Cooperative Agreement with the Department of Agriculture and Consumer Service Division of Forestry and Indian River County and authorized the Chairman to sign the Agreement, as recommended in the Memorandum. ADDENDUM TO COOPERATIVE AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD F. 1997-98 State of Florida Department of Health and Rehabilitative Services Contract The Board reviewed a Memorandum dated September 16, 1997: TO: Members of the Board of County Commissioners DATE: September 16, 1997 SUBJECT: 1997/98 STATE OF FLORIDA -DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES CONTRACT CONSENT AGENDA FROM: Joseph A Bard OMB Director DESCRIPTION AND CONDITIONS The HRS - Indian River County Public Health Unit has submitted their annual contract to the county under F.S. 154. RECOMMENDATION Staff recommends approval of this contract. 13 SEPTEMBER 23, 1997 60,1 l u '��Ut ON MOTION by Commissioner Adams, SECONDED BY Commissioner Ginn, the Board unanimously approved the annual contract to Indian River County from HRS -Indian River County Public Health Unit and authorized the Chairman to sign same, as recommended in the Memorandum. CONTRACT WITH FLORIDA DEPARTMENT OF HEALTH IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD G Miscellaneous Budget Amendment 034 The Board reviewed a Revised/Corrected Memorandum dated September 17, 1997: TO: Members of the Board of County Commissioners DATE: September 17, 1997 SUBJECT: MISCELLANEOUS BUDGET AMENDMENT 034 - REVISION CONSENT AGENDA FROM: Joseph A Bair OMB Director DESCRIPTION AND CONDITIONS The attached budget amendment is to appropriate funding for the following: 1 The Property Appraiser allocation is adjusted to match actual payment. This did not increase the overall Property Appraiser's budget it just allocated it differently. 2. 911 Surcharge Fund is anticipated to have more revenue than initially expected. The attached entry appropriates the revenue. 3. North County Library received an additional $657.00 in donations and the Main Library $623.00. The North County Library donation of $657.00 will be used to offset additional costs of computer wiring for the Florinet Grant. The Main Library will use their $623 for books. 4. Under Florida State Statutes "After July 1, 1992, and during every fiscal year thereafter, any local enforcement agency that acquires at least $15,000 pursuant to the Florida Contraband Forfeiture Act within a fiscal year must expend or donate no less than 15 percent of such proceeds for the support or operation of a any drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood, or school resource officer program(s). The local law enforcement agency has the discretion to determine which program(s) will receive the designated proceeds." The attached entry appropriates the funds. 14 SEPTEMBER 23, 1997 The Sheriff plans to allocate the Confiscated Property funds as follows: Agency Amount D.A.R.E. 7,092 Substance Abuse Council 29000 M.A.D.D. 1,500 Neighborhood Watch 1,500 Total $12,092 RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached budget amendment 034 ON MOTION by Commissioner Adams, SECONDED BY Commissioner Ginn, the Board unanimously approved Budget Amendment 034, as recommended in the Memorandum. Entry Number Funds/DepwtnenYAccount Name Account Number Increase Decrease 1 REVENUE LAND ACQUISITION BONDS/Bud. Tran Property Appraiser 225-117-586-099.06 $4 $0 LAND ACQUISITION BONDS/ Other Debt Service. 225-117-586-077.31 $4 GENERAL FUND/Property Appraiser/Bud Tran. Property Appraiser 001-500-586-099.06 $292 $0 GENERAL FUND/Reserve for Contingency 001-199-581-099.91 $0 $292 ESD/Fire Services/Bud Tran Property Appraiser 114-120-522-099.06 $0 $161 ESD/ALS/Bud Tran Property Appraiser 114-253-526-099.06 $0 $46 ESD/Fire Services/Bud Tran Tax Collector 114-120-522-099.07 $161 $0 ESD/ALS/Bud Tran Tax Collector 114-253-522-099.07 $46 $0 2. REVENUE 911 Center/Telephone 911 Fee 120-000-313-020.00 $15,000 $0 911 Center/Interest Earnings C & CE 120-000-361-015.00 $5,000 $0 EXPENSE 911 Center/EDP Equipment 120-133-519-066.47 $0 $20,000 15 SEPTEMBER 23, 1997 3. REVENUE GENERAL FUND/Donations-Main Library 001-000-316-095.00 $623 $0 GENERAL FUND/Donations-North Cty. Library 001-000-366-097.00 $657 $0 EXPENSE GENERAL FUND/Main Library/ EDP Equipment 001-109-571-066.47 $623 $0 GENERAL FUND/N. Cty. Library 001-112-571-035.45 $657 $0 4. REVENUE SPECIAL LAW ENFORCEMENT - ConSscated Property 112-000-351-020.00 $12,092 $0 EXPENSE SPECIAL LAW ENFORCEMENT Drug and Crime Prevention 112-600-521-083.01 $12,092 $0 E--, H. Inter -Fund Borrowing The Board reviewed a Memorandum dated September 17, 1997: TO: Members of the Board of County Commissioners DATE: September 17, 1997 SUBJECT: INTER -FUND BORROWING- CONSENT AGENDA FROM: Joseph A. OMB Dire Staff is requesting authorization from the Board of County Commissioners to inter -fund borrow on an as needed basis. The Finance department will inter -fund borrow after Budget office concurrence. RECOMMENDATION The Board of County Commissioners authorize staff to inter -fund borrow on an as needed basis. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Ginn, the Board unanimously authorized staff to inter -fund borrow on anas-needed basis, as recommended in the Memorandum. 16 SEPTEMBER 23, 1997 T Oak Point Development Groin, Inc - Final Plat Apj2rova for a Platted The Board reviewed a Memorandum dated September 17, 1997: TO: James Chandler County Administrator D N HEAD CONCURRENCE: �� �44, �OW X� Robert M. Keatin AICP Community Development Dir r ,4, � - THROUGH: Stan Boling, AICP Planning Director FROM: Eric Blad l Staff Planner, Current Development DATE: September 17, 1997 SUBJECT: Oak Point Development Group, Inc.'s Request for Final Plat Approval for a Platted Development to be Known as Grove Place It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of September 23, 1997. DESCRIPTION AND CONDITIONS: Grove Place is a proposed 9.09 acre commercial subdivision comprised of 4 fee simple lots, common areas, and stormwater tracts. As proposed, the subdivision will "plat -over" an approved site plan (SP -MA -96-02-06) for 4 medical office buildings. The subject site is located on the south side of 36th Street, in the 1300 block, and zoned MED (Medical). Recently, the applicant received major site plan approval to construct four medical office buildings, parking areas, internal driving aisles, stormwater management tracts, and common areas. Currently, that site plan project is under construction. The developer is now requesting to "plat over" the site plan improvements in order to convey each building with a fee simple lot. Grove Place Data: Project area: 9.09 acres Number of Lots: 4 lots On September 11, 1997, the Planning and Zoning Commission granted preliminary plat approval for Grove Place. Since site development is controlled by the approved site plan, no land development permit or permit waiver was required. Therefore, the developer, Oak Point Development Group, Inc., through his agent Craven Thompson & Associates, Inc., is now requesting final plat approval. 17 SEPTEMBER 23, 1997 �2. 0v',c ANALYSIS: 1. Subdivision and Plat Regulations: The subdivision chapter of the county's land development regulations (LDRs) allows developers to "plat over" approved site plan projects to allow the fee simple transfer of land underneath and around individual projects on the site. Normal subdivision lot dimensions and lot roadway frontage requirements are waived for such plats. The approved site plan controls the project's development, including building setbacks from property lines and separation distances between structures. The subdivision plat creates lots that can be sold and delineates common areas. 2. Traffic Circulation: The proposed plat request, in conjunction with recorded off -plat documents, will establish a common area over the site's single two-way driveway connection to 36th Street. The proposed preliminary plat is consistent with the approved site plan for the project, and has been approved by the county traffic engineer. 3. Utilities: The project will be serviced by county potable water and wastewater systems. The proposed preliminary plat is consistent with the site planned utility service connections, and has been approved by the county's Department of Utility Services. 4. Dedications and Improvements: Required dedications and improvements for development of the preliminary plat were addressed during the site plan approval process. All drainage and utilities are privately dedicated either on the plat or by an off plat document recorded in the public records. By those means, the applicant has satisfied all required dedications and improvements for final plat approval. RECOMMENDATION: Based on the analysis performed, staff recommends that the Board of County Commissioners grant final plat approval for Grove Place to "plat over" the approved site plan that governs development of the site. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Ginn, the Board unanimously granted final plat approval for Grove Place to "plat over" the approved site plan that governs development of the site, as recommended in the Memorandum. J. Bid Award #8010/Janitorial Supplies The Board reviewed a Memorandum dated September 17, 1997: 18 SEPTEMBER 23, 1997 DATE: September 17, 1997 TO: BOARD OF COUNTY COMMISSIONERS THRU: James E. Chandler, County Administrator H.T. "Sonny" Dean, Director Department of General Services FROM: Fran Boynton Powell, Purchasing Manage SUBJ: Bid Award IRC#8010/Janitorial Supplies Purchasing Warehouse BACKGROUND: Bid Opening Date: August 13, 1997 Advertising Dates: July 23, 30, 1997 Specifications Mailed to: Thirty -One (3 1) Vendors Replies: Eleven (I I) Vendors VENDOR SEE ATTACHED BID TABULATION FOR THE FOLLOWING LISTED VENDORS Janitorial Depot Selig Chemical Industrials Melbourne, FL Mialeah, FL St Lucie Paper & Packaging B & B Industrial Supply Ft Pierce, FL Ft Pierce, FL Airwick Professional Products Dade Paper Company Longwood, FL Riviera Beach, FL Southern Janitors Supply zep Manufacturing Melbourne, FL Orlando, FL Vero Chemical Distributors Murray Enterprises Vero Beach, FL Vero Beach, FL Sun Coast Cleaning Supplies Vero Beach, FL RECOMMENDATION Staff recommends that the bid be awarded to the second overall bidder, St Lucie Paper & Packaging, Ft Pierce, FL. The apparent low bidder, Janitorial Depot was awarded the bid last fiscal year and staff experienced numerous problems with this vendor as outlined in the attached inter -office memorandum. Several meetings were held with Janitorial Depot to advise them of the problems and afford them the opportunity to correct them. Unfortunately, the problems have continued to occur.. 1. Establish an Open End Contract for a twelve month period from the date of award 2. Authorize the Purchasing Manager to renew this contract subject to satisfactory performance, zero cost increase, vendor acceptance, and the determination that renewal is in the best interest of the County. 19 SEPTEMBER 23, 1997 ON MOTION by Commissioner Adams, SECONDED BY Commissioner Ginn, the Board unanimously awarded Bid #8010 for Janitorial Supplies to St. Lucie Paper & Packaging, Ft Pierce; authorized establishing an open end contract for a 12 - month period from the date of the award; and authorized the Purchasing Manager to renew the contract subject to satisfactory performance, zero cost increase, vendor acceptance, and the determination that renewal is in the best interest of the County, as recommended in the Memorandum. K Payment of Indigent Appellant Filing Fees The Board reviewed a Memorandum dated September 15, 1997: TO: Board of County Commissioners FROM: Terrence P. O'Brien, Assistant County Attomeyyolz DATE: September 15, 1997 SUBJECT: PAYMENT OF INDIGENT APPELLANT FILING FEES BACKGROUND: Counties across the state have traditionally been charged appellate filing fees for indigent defendants. The County is required to pay certain enumerated costs for indigent defendants when such persons are represented by the Office of the Public Defender. In such cases, costs incurred are paid by the County pursuant to Florida Statues 27.54(3). Past practice has been to pay appellate filing fees to the Clerk of the District Court of Appeal, in the amount of $250.00 per case. This was recently and successfully contested by the Palm Beach County in Circuit Court and the County was not requested to pay the filing fee. ANALYSIS: The basis for this position is that Section 57.081 (1), Florida Statutes, states that any indigent person in any judicial proceeding shall receive the services of the court without charge, including filing. In addition, Section 924.17, Florida Statutes, provides that should the court find the defendant is indigent and unable to pay costs, "the appeal shall be a supersedeas without payment of costs". Furthermore, Florida Rules of judicial Administration, Rule 2.040(b)(3), and Florida Rules of Appellate Procedure, Rule 9.430, also support the fact that an indigent person need not pay filing fees. 20 SEPTEMBER 23, 1997 Case law also supports the assertion that indigent persons are not required to pay costs of pursuing legal action in judicial proceedings, including appellate courts. See Schwab v. Brevard County School Board, 650 So.2d 1099 (Fla. 5th DCA 1995), Fields v. Zimman, 394 So.2d 1133 (Fla. 4th CCA 1981); and Chappel v. Florida Department of Health and Rehabilitative Services, 419 So.2d 1051 (Fla. 1982). In Section 27.54(3), F.S. there is no listing of appellate filing fees among the extensive group of items identified as mandatory expenditures for which the County is required to pay. The closest any statute comes to addressing this issue is Section 27.3455(4)(d), F.S.; however, this section only creates a duty to report on actual expenditures of appellate filing fees and not a duty to actually pay appellate filing fees for defendants represented by the public defender's office. Importantly, Section 924.051(9), Florida Statutes (1996 Supplement) states "funds, resources, or employees of this state or its political subdivisions may not be used, directly or indirectly, in appellate or collateral proceedings unless the use is constitutionally or statutorily mandated". There does not appear to be a statute or case specifically mandating that the County pay appellate filing fees for indigent defendants. In absence of such, the County is not permitted to pay. RECOMMENDATION/CONCLUSION: Staff recommends that the Board instruct the Indian River County Finance Department to cease paying appellate filing fees for indigent defendants represented by the Public Defender, and deposit same in an appropriate escrow account until there is final resolution of this matter. There are 11 cases in this office for payment of the $250.00 appeal fee. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Ginn, the Board unanimously instructed the Finance Department to cease paying appellate filing fees for indigent defendants represented by the Public Defender, and deposit same in an appropriate escrow account until there is final resolution of this matter, as recommended in the Memorandum. L Recently Acquired Properties - Tax Cancellations The Board reviewed a Memorandum dated September 10, 1997: 21 SEPTEMBER 23, 1997 TO: Board of County Commissioners FROM: Lea R. Keller, CLA Certified Legal Assistant County Attorney's Office DATE: September 10, 1997 RE: Recently Acquired Properties - Tax Cancellations The County recently acquired some property and, pursuant to Section 196.28, F.S., the Board of County Commissioners is allowed to cancel and discharge any taxes owed on the portion of the property acquired for public purpose. Such cancellation must be done by resolution with a certified cony being forward to the Tax Collector (and copies sent to the Property Appraiser and Fixed Assets). Requested Action: Board authorize the Chairman to sign the attached resolutions canceling taxes upon lands the County recently acquired. Attachments: Resolutions and Legals - R/W - First St. SW - Schwartz RNV - 27th Ave. & 5th St. - Salvation Army ON MOTION by Commissioner Adams, SECONDED BY Commissioner Ginn, the Board unanimously adopted Resolution No. 97-103 canceling certain delinquent taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. (R/W 2r Avenue & 5' Street, the Salvation Army) Re: R/W - 27th Ave. & 5th St. The Salvation Army RESOLUTION NO. 97- 10 3 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, Section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and Wj SEPTEMBER 23, 1997 WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to cavy out the provisions of Section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. Any and all liens for taxes, delinquent or current, against the property described in OR Book 1167, Page 1353, which was recently acquired by Indian River County for right of way are hereby canceled, pursuant to the authority of Section 196.28, F.S. 2. The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this resolution to the Tax Collector and the Property Appraiser. The resolution was moved for adoption by Commissioner -Ad -am s and the motion was seconded by Commissioner G i nn . and, upon being put to a vote, the vote was as follows: Chairman Carolyn K Eggert A y e Vice Chairman John W. Tippin Aye Commissioner Kenneth R. Macht Aye Commissioner Fran B. Adams Aye Commissioner Caroline D. Ginn Aye The Chairman thereupon declared the resolution duly passed and adopted this 2 3 day of September, 1997. J. B,artbT�, Clerk. . • 4�Lcec..�, _ Stamp: SEPTEMBER 23, 1997 BOARD OF COUNTY COMMISSIO RS By ,(. Carolyn)f Eggert Ch roman di I►ndan a.ve . ' Acc'3ved An. S V RISK Mg. 23 a:e 1 1 N M X W LEGAL DESCRIPTION The East 25 feet of the West 65 feet of the North 664.79 feet of Tract 12, Section 23, Township 33 South, Range 39 East, according to the last general plat of the Icnds of the Indian River Farms Company recorded in Plot Book 2. Page 25 of the Public Records of St. Lucie County, Florida, LESS the North 30 feet. Containing 15,869.8 square feet. Now lying in Indian River County, Florida. W Q N 1/4 Section Cine 5TH STREET S W. CI IDI ATCDAI P_7 rAAl01 �� Scale: N.T.$ 0 IL c� 25 CERTIFICATIONqzf- 695.24' I, Charles A. Cramer, hereby certify that I am a registered Professional Surveyor and Mapper licensed to practice in the state a of Florida, that this sketch was made under my immediate supervision, and that it is accurate and correct. I further certify N that this sketch meets the Minimum Technical standards as described in Chapter 611317 of the Florida Administrative Code, W pursua t to F.S. Chapter 472. THIS IS NOT A SURVEY SKETCH TO ACCOMPANY LEGAL DESCRIPTION PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT o Charles A. Cromer, P.S.M. Reg. #4094 1840 25th St, Vero Beach, FL 32960 / 8 /997 99 Indian River County Surveyor (561) 567-8000 Date a 0 IL ON MOTION by Commissioner Adams, SECONDED BY Commissioner Ginn, the Board unanimously adopted Resolution No. 97-104 canceling certain delinquent taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. (R/W I' Street SW, John & Karen Schwartz) Re: RNV - First St. SW John & Karen Schwartz RESOLUTION NO. 97- 104 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN DELINQUENT TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 198.28, FLORIDA STATUTES. WHEREAS, Section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of Section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY SSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. Any and all liens for taxes, delinquent or current, against the property described In OR Book 1169, Page 52, which was recently acquired by Indian River County for right of way are hereby canceled, pursuant to the authority of Section 196.28, F.S. 2. The Clerk to the Board of County Commissioners Is hereby directed to send a certified copy of this resolution to the Tax Collector and the Property Appraiser. The resolution was proved for adoption by Commissioner A d a m s and the motion was seconded by Commissioner Ginnand, upon being put to a vote, the vote was as follows: Chairman Carolyn K Eggert Aye Vice Chairman John W. Tippin Aye Commissioner Kenneth R. Macht Aye Commissioner Fran B. Adams Aye Commissioner Caroline D. Ginn Aye The Chairman thereupon declared the resolution duly passed and adopted this 2 3 day of September, 1997. ,. ... .... .�... ......�o..R-a++e...m .yam �-.... 25 SEPTEMBER 23, 1997 BOARDOF OUNTY COMMISSIONERS By j 'e", , Caml Eggert Offairman I. � (� S'C'I /�� � • 1 1 1 N 01 M Z 0 Z i� h 17 16 20 21 I I I I �- 10' F.P.L. Easement I O.R.B. 651/2031 I I ,c I J I U I 623.4' 623.4' ' il 1ST STREET S. W. en Section Line Existing R/W Line Scale: 1 "=100' LEGAL DESCRIPTION The North 50 feet of the South 80 feet of the West 1/2 of Tract 13, Section 16, Township 33 South, Range 39 East, according to the last general plot of the lands of the Indian River Farms Company recorded in Plat Book 2, Page 25 of the Public Records of St. Lucie County, Florida. 3 Now lying in Indian River County, Florida. 4 Subject to a 10—foot Florida Power & Light easement along the West line of Tract 13. Containing 31,170 square feet. co v, CE ACATION N I, Charles A. Cromer, hereby certify that I am a registered Professional Surveyor and Mapper licensed to practice in the state of Florida, that this sketch was made under my immediate supervision, and that it is accurate and correct. I further certify W that this sketch meets the Minimum Technical standards as described in Chapter 61G17 of the Florida Administrative Code, c pursuant to F.S. Chapter 472. Charles A. Cromer, P.S.M. Reg. #4094 Indian River County Surveyor CS009d69 I I ren 1840 25th St, Vero Beach, FL 32960 (561) 567-8000 THIS IS NOT A SURVEY SKETCH TO ACCOMPANY LEGAL DESCRIPTION `` PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT c Date //Aldrr-* /77'7 n+ Co { M Florida State Statutes Rule Changes/Revisions - Cliapter 62B-33, Coastal Armoring & Emergency Permitting - Public Worksltep- The Board reviewed a Memorandum dated September 17, 1997: TO: James E. Chandler, County Administrator THROUGH: James W. Davis, P. CONSENT AGENDA Public Works Directo FROM: Jeffrey R. Tabar, Coastal Enginee9L7"— SUBJECT: Florida State Statutes Rule Changes/Revisions - Chapter 6213-33, Coastal Armoring & Emergency Permitting - Public Workshop DATE: September 17, 1997 DESCRIPTION AND CONDITIONS County staff has invited several federal & state agencies to participate in a public workshop. The workshop will give all speakers the opportunity to discuss the rules, procedures and intent associated with the new armoring regulations and the role their agencies play in the permitting process. Staff has contacted the FDEP Bureau of Beaches and Coastal Systems, FDEP Bureau of Protected Species Management and the US Department of the Interior Fish and Wildlife Service. The workshop is scheduled for October 7, 1997 in the Board of County Commission Chambers between 7-9 PM. The workshop will be conducted by the County Coastal Engineer (Jeffrey Tabar). ATTACHMENT Letter to Ron Hight from Jeff Tabar dated Sept. 11, 1997 Letter to Sandy MacPherson from Jeff Tabar dated Sept. 11, 1997 Letter to Gene Chalecki from Jeff Tabar Dated Aug. 27, 1997 Letter to David Arnold from Jeff Tabar dated Aug. 27, 1997 Letter to Thomas Grahl from Jeff Tabar dated Aug. 27, 1997 NO ACTION TAKEN. FOR INFORMATION ONLY. N. Restrict Proceeds rom Sale eau 0—ing-s The Board reviewed a Memorandum dated September 17, 1997: 27 SEPTEMBER 23, 1997 TO: DATE: SUBJECT: FROM: Members of the Board of County Commissioners September 17, 1997 RESTRICT PROCEEDS FROM SALE OF BUILDINGS Joseph A Baird OMB Director Earlier this fiscal year Indian River County sold the old Courthouse, Courthouse Annex and State Attorney's office. A total of $769,002.43 was received as revenue in the General Fund from the sale of these buildings. Staff would like to restrict these proceeds for future Administrative Building needs. RECOMMENDATION Staff recommends the Board of County Commissioners restrict the $769,002.43 from the sale of buildings for the use of future Administrative Building needs GENERAL FUND -SALE OF BUILDINGS PROCEEDS 001-000-364-039.00 COURTHOUSE -BRACKET $249,900.00 COURTHOUSE ANNEX OLDE TOWNE $252,100.00 STATE ATTORNEYS OFFICE-MARINARO $267,002.43 TOTAL PROCEEDS $769,002.43 ON MOTION by Commissioner Adams, SECONDED BY Commissioner Ginn, the Board unanimously restricted the $769,002.43 proceeds from the sale of the old Courthouse, Courthouse Annex, and State Attorney's Office, for the use of future Administrative Building needs, as recommended in the Memorandum. 28 SEPTEMBER 23, 1997 9. PUBLIC ITEMS A PUBLICDISCUSSIONITEM - CONNIE GATES' REQUEST TO SPEAK TO THE BOARD REGARDING PROPERTY ON 105THPLACE OWNED BY BILL JORDAN The Board reviewed the following Memorandum dated September 15, 1997 and attachments which were presented in the backup. (Clerk's Note: Other backup materials are on file in the office of the Clerk to the Board.) TO: James E. Chandler County Administrator DERTMENT HEAD CONCURRENCE: Robert M. Keating, AI P Community Development Di for FROM: Roland M. DeBloisc�ICP Chief, Environmental Planning & Code Enforcement DATE: September 15, 1997 RE: Connie Gates Request to Speak to the Board Regarding Property on 105' Place Owned by Bill Jordan It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of September 23, 1997. DESCRIPTION AND CONDITIONS On August 16, 1997, Ms. Connie Gates, owner of Dunn Runnin Mobile Home Park (on 105I' Place east of U. S. #1), wrote the attached letter to county staff requesting that she be scheduled to speak to the County Commission concerning property on 105d' Place owned by Mr. Bill Jordan. Ms. Gates' August 16' letter is one of a number of letters she has written to staff expressing concerns about the status of zoning code compliance of three adjacent parcels on 105' Place owned by Mr. Jordan. Generally, Ms. Gates questions county staffs interpretation and enforcement of code requirements as they relate to the Jordan property, dating back to a 1991 County Code Enforcement Board decision involving an auto repair business on the Jordan property. Background/Issues Following is a general description of the subject Jordan property, and a summary of the main issues of concern raised by Ms. Gates. 29 SEPTEMBER 23, 1997 b0 -A .1,, Darr General Property Description: The subject Jordan property consists of 3 adjacent parcels, totaling approximately ±1.2 acres, at the nortlieast corner of U.S. #1 and 105'b Place. The front ±0.4 acre parcel along U.S. #1 is zoned OCR, Office/Commerciall Residential, and has a Future Land Use Designation of Commercial /Industrial Node. The remaining two east parcels are zoned RM -6, Multiple -Family Residential, and have a Future Land Use Designation of L-2, Low Density Residential. The OCR, U.S. #1 front parcel has a building that was formerly a residence. The middle parcel is encompassed by a chain-link fence, and the eastem-most parcel has a commercial garage - type structure attached to an officelresidence. There are also two mobile homes on the eastern -most parcel. Auto Repair Business on East Parcel. In 1991, County staff initiated a code enforcement case concerning an auto repair business on the eastem-most parcel. In bringing that case to the Code Enforcement Board, staffs position was that the auto repair business in the residential zoning district was a code violation because its "grandfathered" status had lapsed due to an extended period of time that the building was vacant. However, after reviewing evidence and hearing testimony, the Code Board voted to dismiss the case due to insufficient evidence. Subsequently, since staff found no new evidence supporting its position within 30 days of the 1991 hearing, which is the time -frame allowed under Florida Statutes for an appeal of a Code Board decision, staff accepted the Board's action and concluded that the auto repair use was vested as a legal nonconforming ("grandfathered") use. Ms. Gates contends that the information provided by the respondent to the Code Enforcement Board in 1991 was erroneous and mislead the Board. Further, Ms. Gates' position is that the Code Board's 1991 action left open an opportunity for the case to be reheard if new information was provided that rebutted evidence provided by the respondent in 1991. County attorney staffs position is that, in accordance with Florida Statutes, any opportunity to rehear the case expired 30 days after the 1991 hearing. Mobile Homes on East Parcel: In 1994, county staff cited Mr. Jordan for a dilapidated mobile home on the east parcel. In corresponding with Mr. Jordan on that issue, a question arose concerning the grandfathered status of the dilapidated mobile home (and another existing mobile home on the property), and whether there was an opportunity for Mr. Jordan to replace the dilapidated mobile home. After researching the history of the property, staff concluded that the two mobile homes were grandfathered, and that the dilapidated mobile home could be replaced (see attached 12/21/94 staff letter to Mr. Jordan on the subject). Ms. Gates questions staff interpretation of county code requirements that led to the allowance of the two mobile homes as legal nonconformities. Fenced Middle Parcel. In 1996, county staff cited Mr. Jordan for the storage of commercial "U - Haul" trailers on the middle fenced parcel. That code enforcement action instigated a review of property deeds by county attorney staff. As a result, it was found that the middle parcel's ownership was historically "tie -barred" to the east auto repair parcel, and not to the U.S. #1/OCR parcel (contrary to depictions on County tax assessment maps). In a letter dated June 5, 1996 (see attached), staff notified Mr. Jordan of the finding and advised him that, if the middle parcel was historically used for storage of vehicles being repaired as part of the grandfathered auto repair business, then storage on the middle parcel would be grandfathered. Mr. Jordan subsequently wrote to staff and indicated that the middle parcel had in fact been used for vehicle storage as part of the auto repair business, and the case was closed. More recently, an issue arose concerning Mr. Jordan's use of the fenced middle parcel to store vehicles and equipment relating to his irrigation business that is headquartered elsewhere in the county. Staff advised Mr. Jordan that, since the irrigation business vehicles and equipment are not associated with the grandfathered auto repair business, the vehicles and equipment must be removed. Earlier this month, Mr. Jordan indicated that he was in the process of arranging for the removal of the vehicle(s) and equipment. 30 SEPTEMBER 23, 1997 LimousinelAmbulance Business on the US #I/OCR Parcel. Earlier this year, a limousinelambulance business opened on the U.S. #1/OCR parcel. Prior to that, Mr. Jordan called county planning staff to determine if the use was allowed in the OCR zoning district. The County Code does not specifically list limousine and/or ambulance services in its Table of Commercial Uses (County Code Section 911.10(4)). In such instances, the community development director is authorized to determine if the use is allowed (ref. County Code Section 911.04(2)(b)) basad on the most similar use listed in the Table of Commercial Uses. In this case, the community development director determined that the limousine/ambulance service was allowed, basad on the allowance of a similar use ("general and professional office") in the OCR district. The limousine/ambulance service business is no longer in operation on the subject Jordan property. However, Ms. Cates has filed an appeal of staffs determination allowing the use. The County Code provides that such appeals are heard by the Planning and Zoning Commission. Ms. Gates' appeal is pending; the appeal is scheduled to go before the Planning and Zoning Commission on October 23, 1997. Depending on the outcome of the Planning and Zoning Commission appeal, the issue may be further appealed to the Board of County Commissioners. ANALYSIS Dating back to 1991, County staff has been responsive to code compliance issues raised concerning various aspects of the subject Jordan property. This responsiveness is reflected in the numerous correspondences with Mr. Jordan about compliance issues, including the issuance of several Notices of Violation In each instance, staff has responded in a professional, objective manner in an effort to interpret and enforce county land development regulations. The questions raised by Ms. Gates relate to issues that are not "clear-cut," but rather warranted interpretations of county laws and ordinances, which interpretations are the charge of county staff. The County Code has an appeal mechanism when affected parties disagree with staff interpretations, and Ms. Gates is exercising her right to appeal (on the issue of the limousinelambulance business use allowance in the OCR district). By the same token that an affected party has a right to appeal, there are laws that limit the duration of time after a contested action within which an appeal can be filed. The time limit for appeals serves to protect other affected parties (in this case, Mr. Jordan) from unreasonable economic (or other) burdens that could result from an appeal filed months or years after a government action. Stafrs position is that staff acted appropriately concerning each of the issues raised by Ms. Gates and summarized herein. Concerning the pending appeal of staffs determination of the allowance of a limousine/ambulance business in the OCR district, stafrs position is that it is inappropriate for the Board of County Commissioners to hear the matter until the pending appeal before the Planning and Zoning Commission has run its course. RECOMMENDATION Staff recommends that the Board of County Commissioners affirm staffs interpretation and enforcement of county zoning regulations as they apply to the subject Jordan property, except relating to the limousine/ambulance business use allowance issue which is pending appeal. Connie Gates told of her frustrations concerning the property owned since 1991 by Bill Jordan. She gave a comprehensive narration of the history of the property since then and the code enforcement concerns and frustrations and offered Code Enforcement file photographs in support of her allegations. She requested the Board help resolve the issues she brought to them which appear in her letters of September 16, 1997, as follows: 31 SEPTEMBER 23, 1997 Mrs. Carolyn Eggert Indian River County Commission Chair 1840 25th Street. Vero Beach, Florida 32960 Dear Mrs. Eggert; September 16. 1997 P��3 KKK 10 1,20 PAGE 5..E I am coming before you and the other County Commissioners because I am frustrated and I need your help. Irregularities in code interpretation have occurred in my neighborhood benefiting our neighbor, Mr. William Jordan, at a great cost to our community. I have been worldng with County Staff for almost one year, who are unable to resolve any of these issues. I. Illegal non -conforming uses are allowed to Mr. Jordan on his property at 10596 US#1 and 105 Place. 2. We, as adjoining and abutting property owners, receive no notification from County Staff with regard to irregular decisions made regarding Mr. Jordan's property. 3. County Staff allows the continued use of illegal non -conforming mobile homes which Mr. Jordan removed and replaced in 1991. 4. The Code Enforcement Board made a decision to allow Commercial Auto Garage operations on Mr. Jordan's property, which had previously been residential and is still zoned R M6. Their decision was based on the written sworn statement of an elderly gentleman whose statements were not true. The Board allowed a new case to be initiated if new evidence were available. We have that evidence. We ask that a new case be initiated. The attached letter tells my story and outlines my arguments as to why we have been damaged as a result of irregularities in land uses allowed to Mr. Jordan. These uses appear to contradict the Land Use Regulations and Comprehensive Plan. I ask for your help in resolving these issues we have had to live with, unresolved for 6 1/2 years. Sincerely Connie Gates. Mrs. Carolyn Eggert Indian River County Commission Chair 1840 25th Street, Vero Beach, Florida 32960 Dear Mrs. Eggert; I have owned my property at 105 Place since 1986. This is a residential community of primarily senior citizens and older mobile homes. It is a quiet pristine community on the Indian River Lagoon with wetlands at both the north and south end of our private road. Our community is truly reminiscent of "Old Florida". In 1986 when I purchased my property, there was one limited commercial occupancy in our neighborhood, a photography studio, situated on US #1 at 105 Place. All other properties were strictly residential. On July 30th, 1990,. Mr. and Mrs. William Jordan Agreement for Deed with the then owner, photographer 6 of this agreement allowed Mr. Swartz and his family residence on the property rent free until August 31, located at 6360 105 Place. 32 SEPTEMBER 23, 1997 signed an Assignment of Bradley Swartz. Article to live in their 1990. The residence was In January 1991, Mr. Jordan rented the residence with attached garage at 6360 105 Place to a man who opened a commercial automotive garage. This was an illegal non -conformity which went before the Code Enforcement Board in 1991, Case #91-217. Mr. Jordan's attorney represented to the Board that the property had been used continuously over many years as a commercial auto garage. This was not true. No testimony was offered. The Board based their decision on false statemtns made to them and misrepresentations made to them. Because the Board's action was to determine the allowed use of the property, We, as adjacent property owners should have been notified of this action. We were not. Because the Board action resulted in a change of use, with increased intensity, we should have been notified of this decision. We were not. I learned of this action, which resulted in the false grandfathering of the property, from Community Development Director, Bob Keating 5 1/2 years after the fact! According to the minutes of this case, the Board did allow that if new evidence were obtained a new case could be initiated. I believe the Board should have the opportunity to make an informed decision regarding the use of this property based on the truth, not lies. In 1988 a mobile home was removed from 6362 105 Place, east of the residence with attached garage. The mobile home was a non -conforming use on land zoned RM -6, and as such cannot be replaced. Mr. Jordan replaced the mobile home in violation of County Codes in April of 1991. It was replaced with a mobile home which was originally removed from this site in 1979. It was proposed to Community Director Bob Keating and County Planner Roland DeBlois, that this mobile home had at one time been a part of the adjacent mobile home park, Dunn Runnin, the property which I own. And, in fact, non -conforming mobile homes may be replaced IF located in a legal non -conforming mobile home park, HOWEVER they must be replaced within ONE YEAR, or all non -conformities (the mobile home) shall be considered terminated and shall not there after be re-established (c.c.904-08(1)). I purchased Dunn Runnin Mobile Home Park in 1986. The mobile home and site at 6362 105 Place were NOT a part of my legal non -conforming Mobile Home Park. This fact prohibits the replacement of a mobile home at 6362 105 Place. If the mobile home at 6362 105 Place HAD been a part of my park, it would have to have been replaced within ONE YEAR. In fact, it was replaced after a FOUR YEAR vacancy. This is not allowed per County Code 904.08 (1). The allowance of this illegal non -conforming mobile home has no county code to support its use, yet Mr. Keating and Mr. DeBlois have determined an unknown "gray area" exists to allow this exception to County Code. County Code 904.05 (1) Expansion, increase or change of non -conformities is prohibited unless the change results in a lessening of the degree of non -conformity. In April 1991 this 200'x121' lot supported one legal non -conforming mobile home, a residential structure, and one falsely grandfathered non -conforming commercial automotive garage. The addition of one more non -conforming use on the 2001x121' lot is not a lessening in the degree of non -conformity, but an INCREASE, which is in violation of the County Code. County Staff has ignored the Code to allow Mr. Jordan the privilege of a non -conforming mobile home where one cannot be replaced. Mr. Jordan benefits financially from this decision as the mobile home is income property. A second time in 1991 Mr. Jordan was allowed to replace a non -conforming mobile home with another non -conforming mobile home on 105 Place. This parcel was NEVER a part of ANY mobile home park. The County Code does NOT allow this. Another resident and property owner of 105 Place asked County Staff to be allowed the same privilege, to replace a non -conforming mobile home, but they were refused this privilege. Again Mr. Jordan benefited financially by the code exception and privilege afforded only to him, when he sold the property at a substantial profit. Why have these exceptions and special privileges been afforded to Mr. Jordan by Mr. Keating and Mr. DeBlois, when the exceptions and special privileges are not afforded to all citizens of our county? Spring of 1996 we complained to Code Enforcement regarding a U -Haul business which was operating on a small parcel of 105 Place, owned by Mr. Jordan. This lot is situated between the falsely grandfathered commercial auto 33 SEPTEMBER 23, 1997 0 Ox garage zoned RM -6 and the building at 10596 US #1, at 105 Place, zoned OCR. Shortly after our complaint the U -Hauls were removed. We did not receive any follow up from Code Enforcement. What I did discover, albeit in the Spring of 1997, was a decision had been made by Mr. Keating to allow this middle parcel to be "grandfathered" for vehicle storage in conjunction with the falsely grandfathered auto garage, as a result of a tie -bar error, IF Mr. Jordan would write a letter stating that this parcel had been used continuously over many years in conjunction with the auto garage. Mr. Jordan sent the letter, as requested " to the best of my knowledge, the area described in your letter has been in continued use as a part of the auto repair center for many, many years. As a part of the repair business, it has been used to store vehicles." From 1986 to 1991 there was no Auto Repair Center, or Commercial Automotive Garage. There was no vehicle storage. This middle parcel had never been used in conjunction with an Auto Garage, as the Auto Garage did not exist. And since 1991 none of the Auto Garage operators to whom Mr. Jordan rented EVER used this middle parcel in conjunction with the garage EXCEPT the U -Hauls. In fact, this property is physically separated by a chain-link fence, installed by Mr. Jordan in 1990-1991. The fence encloses the entire parcel and joins it to the house and OCR lot, west of the garage, facing US #1. This lot, was used in its entirety by Releaf Trees, a retail nursery in 1993 and 1994. Releaf Trees was yet another illegal non -conforming use of land by Mr. Jordan, which Code Enforcement was aware of, yet chose to do nothing. Our neighborhood was subjected to yet another illegal non -conforming commercial use. And again Mr. Jordan benefits financially through the rental of income property as a result of an illegal non -conforming use. How can Mr. Keating allow a property to be grandfathered for a use that did not exist, knowing full well of the nursery operation which contradicts the claim of "continued use as a part of the auto repair center for many, many years...."? This action resulted in another illegal "grandfathering" and a change in the use of the land which is not allowed even by variance! The most recent auto garage operation was again an increase in intensity over the type of work performed and level of intensity by previous garage operators. This is not allowed per non -conformity codes (904.05 (1)), yet Code Enforcement allowed it, ignoring differentiation's made in Specific Land Uses, Section 971.45 (2). We suffered noise, auto storage, auto salvage, junk yard operations, improperly stored fluids and oils, operating hours beyond 10:00 PM, dismantled vehicles, improperly disposed of fluids and oils, spill over on our private road, the free roaming through our neighborhood and private property by customers and the presence of sheriff deputies to resolve disputes between the garage operator and customers. All this goes on visible from the road, yet Code Enforcement Officers were unable to identify ANY problems here in an inspection conducted 1/6/97. The State of FLorida is currently in the process of testing my well water for possible contamination as a result of the chemical spills and storage and disposal practices resulting from the previous garage operations! To my great surprise, I discovered in July of this year, Mr. Keating decided to allow yet another non -conforming use by way of a limosine/ambulance transport service with on-site vehicle sales, storage and repair, on Mr. Jordan's property at 10596 US #1 and 105 Place, a property zoned OCR. This use is not permitted according to the Land Use Regulations and is in contradiction with the intent of OCR as outlined by the Comprehensive Plan. The property had been vacant for over three years requiring a site plan and concurrence, again required by the Comprehensive Plan, yet this has not been required by Mr. Jordan. 34 SEPTEMBER 23, 1997 I am appealing these decisions, but as a result of the limosine/ ambulance transport company's intention to vacate the property, Staff believes my appeal is moot. It is not only the land use I object to, but most importantly the decisions that are made by Mr. Keating to allow these uses and abuses. My appeal continues to the Planning and Zoning Commission. I have been asking about the garage use and what remedies are available, since June 1994. I have been working within the system, meeting and talking with Mr. Keating, Mr. DeBlois, Mr. Collins and Mr. Chandler since November 1996. No action has been taken to correct these abuses and no mechanisms installed to halt these decisions and privileges that favor Mr. Jordan in contradiction of the County Comprehensive Plan. This has created a hardship on our community, undermining our property values and natural resources, safety and security. That is why I must come before my County Commissioners. I ask for a simple thing. I ask that you place our neighborhood under the protective umbrella of the Land Use Regulations and County Comprehensive Plan. I am asking you to instruct Mr. Keating and his staff to apply these mechanisms in our neighborhood as required by Florida Statutes. The false "grandfathering" of the middle parcel is not allowed by County Code. I ask you to declare it invalid. The false "grandfathering" of the mobile home at 6362 105 Place is not allowed by County Code. I ask you to declare it invalid. The Code Enforcement Board minutes state "If Staff has further evidence in the case at a future date, a new case can be initiated" (CEB case #91-217). Our neighborhood has the truth to tell regarding the past use of this property, falsely "grandfathering" the automotive use at the property at 6360 105 Place. The Board stated they are willing to look at new evidence. I ask that you instruct Mr. Keating to make this happen. I have spent many hours pouring over the County Codes. There are no great mysteries or vast "gray areas" of interpretation. I ask that you put an end to the creative code interpretations we have had to suffer for many years. I also ask that we be notified by certified mail should ANY irregularities occur involving decisions made with regard to our neighborhood. We have the right to appeal decisions, yet cannot if we are unaware these decisions are being made. This results in a usurping of our property rights. I am disappointed my county's public employees were unwilling to work with me to resolve these issues. I especially feel bad for the citizens of our community who have also come forward to resolve issues, but did not have the stamina or resources available to persevere. It is a shame one must work so hard to be protected by the law. I see the potential is great for widespread abuse. Please place me and our neighborhood under the protection of the law. CC/County Commissioners 35 SEPTEMBER 23, 1997 Sincerely, Connie Gat P.O. Box 306, Wabasso, Florida 32970 561-589-3495. b0,0K 0,..� PaCE k� �C9 At the conclusion of Mrs. Gates' remarks, Chairman Eggert understood that the Board need not consider the limousine -ambulance issue as it will be appealed and heard on October 23, 1997. Chairman Eggert then turned to County Attorney Vitunac with a few questions. County Attorney Vitunac advised that Code Enforcement could look at this for new violations since the last case. The problem with most of the issues is apparently the Code Enforcement Board heard the case in 1991 and found there was not a violation at the time. He then explained what needs to be done is for staff to go back and review the file and find out exactly what was charged and presented to the Code Enforcement Board, and see if there were any violations since that date which could be brought to the Code Enforcement Board and proved. There are allegations of false testimony to the Code Enforcement Board; there were no witnesses to disprove it. The Code Enforcement Board found the testimony to be true, or at least uncontroverted. County Attorney Vitunac suggested in the future Mrs. Gates, and people like her, can be notified. If they are interested in a case, they can attend. Mrs. Gates always has private remedies in Court with nuisance actions and things like that. Commissioner Ginn was not sure staff had done enough background checking before determining the grandfathering of the property. She wondered if anyone had spoken with the previous owner. She had spoken with him (Mr. Schwartz) just recently. Commissioner Macht thought Mrs. Gates was looking for some relief from 1991 and he guessed it could be obtained through the Code Enforcement Board. Deputy County Attorney William G. Collins II advised that at the time, the attorney for the Code Enforcement Board was former Assistant County Attorney Sharon Brennan. He thought perhaps some of the information Commissioner Ginn had received from Mr. Schwartz might have been helpful in leading to a different outcome in 1991. He had reviewed the Minutes of the Code Enforcement Board from 1991. A review of the Deeds on the property led him to believe there was an Agreement for Deed between Mr. Conde and Mr. Schwartz, which was assigned to Mr. Jordan in August of 1990. He believed that because there was an Agreement for Deed and Mr. Schwartz was in possession of the property, he was considered the equitable owner of that property, but he never took legal title to it. His Agreement for Deed was assigned to Mr. Jordan and Mr. Conde executed a Deed to Mr. Jordan December 4, 1990. The case was brought later in 1991, by the staff arguing that the garage was a non -conforming use. They failed to prove the case to the satisfaction of the Code Enforcement Board and the Code Enforcement Board determined that the garage 36 SEPTEMBER 23, 1997 s � � piece to the east was grandfathered as commercial use. Later, the issue came up about the other property (shown in orange on the map displayed) as to whether that also was grandfathered in association with the garage. He explained that he had looked at the Deed to the property which described three parcels, the OCR piece that fronts on US# 1, a piece that runs 271' and includes two pieces (orange and yellow on the map displayed), thus making the fenced -in property part of the grandfathered piece of land. He also pointed out that he had spent a lot of time trying to resolve these issues, including the possibility of going back for re -hearing at the Code Enforcement Board. He stated that Mrs. Gates has been provided with an Attorney General's Opinion found by Code Enforcement Attorney Terry O'Brien. He read parts of the opinion (Mills case heard by Florida Supreme Court) from which he agreed with the "since 1991 decision" opinion that County Attorney Vitunac had given earlier in the meeting. Community Development Director Bob Keating declared one of the items considered by the Code Enforcement Board in 1991 was a letter thanking Mr. Jordan (for purchasing and cleaning up the "garage") which had been signed by about 20 people including Robert Gates. The letter also contained information that a car repair garage had been operated at that site before Mr. Jordan bought it. Director Keating stated he personally did not know of any other property in the county they have spent more time on or had more Code Enforcement action on, either formal or informal. They have taken care of many of the problems Mrs. Gates described. He thought no debris would be seen on that property now. It seemed each of the tenants who have been in that garage have created code enforcement nuisances. Director Keating then described how his department tries to work things out with the respondent giving them time to comply without formally citing them because once the process starts there are time parameters which generally delay actual compliance. It is in their department's interest to work cooperatively with an owner in order to get something accomplished. He described the efforts in this case and dealing with the grandfathering issues and other problems on this particular property over the years. Code Enforcement staff and Environmental Health staff have responded to environmental issues. No contamination problems were found, but DEP may still be looking at that site. The limousine use is under appeal, but when it was there, he stressed it was the only use that was not a non -conforming use on that entire street. Every other use up there is a non -conforming use, including Mrs. Gates' mobile home park and other mobile homes there. He believes that 37 SEPTEMBER 23, 1997 limousine use is an allowed use in an OCR district. He added that he regularly signs home occupation permits for a limousine use. It is an allowable use. A limousine can be kept in a driveway in a single-family residential district. Director Keating spoke at length about characteristics in code enforcement. He also spoke about replacement of mobile homes and the decision on replacement of a particular mobile home on the Jordan property. Environmental Planning & Code Enforcement Chief Roland M. DeBlois interjected that a related letter is in the backup and noted that a copy was sent to Robert Gates in 1994. Thus a notification was sent to an interested property owner in that instance. Mr. DeBlois stated it is impossible to notify surrounding property owners in every code enforcement action. They do try to keep interested complainants informed. Chairman Eggert asked if any notice is sent when a case goes before the Code Enforcement Board, and Mr. DeBlois stated it is not like a rezoning, but, code enforcement officers are in touch with complainants daily. In most cases, the people involved want to know what is happening. Director Keating resumed by pointing out that in many cases two parties are involved, a complainant and a respondent. It happens regularly that complainants generally are unhappy that not enough is being done and the respondents are unhappy because too much is being done. He stated they are not perfect, but overall thought staff has done pretty well with this site and gotten almost all the junk, trash, and debris taken care of, gotten some of the illegal uses taken care of, like the U -Haul; and made logical, rational decisions interpreting the Code. He was unsure why the Releaf Trees illegal use was allowed to occur. Mr. DeBlois stated that his remarks are contained in the above memorandum. He felt that they have been responsive and problems have been resolved within the required guidelines. Commissioner Ginn stated she was not taking anyone's side in this matter, just wanted to get to the truth and make sure people are treated fairly and equitably. She visited the site yesterday and stated that it looks pretty good now. It seemed that Mr. Jordan has had a poor choice of renters. She also felt that grandfathering should have been denied if there was an interruption in usage. Director Keating agreed, adding that if it is a non -conforming use and it ceases operation for more than a year, then it cannot be re-established legally. Chairman Eggert found it most frustrating that all this came up in 1991, staff came 38 SEPTEMBER 23, 1997 � � r up with all the reasons it was a non -conforming use and should not be grandfathered, and yet the Code Enforcement Board said, partially based on the petition she guessed, that staff was wrong. Unfortunately we are stuck with that decision and have to go on from there. Mrs. Gates believed that most of the people signed the petition brought to them by Mr. Conde without even reading it. They were told it was to support Mr. Jordan's clean-up efforts. She had them sign a new petition stating that they resented the way the petition was used by the Code Enforcement Board and they all signed it. Most were willing to sign her petition without reading it. If Code Enforcement needed any new evidence, they could have asked anyone who lived on the street. Also an environmental health officer had checked the property and could have added his testimony in the case. Also, the FP&L bill was only for 5 months and the code had changed regarding non -conformity. Chairman Eggert agreed that these things might have helped, but nevertheless the decision was made and the case cannot be reheard. She also pointed out that the Code Enforcement Board is not pro -active and their decision would have had to have been appealed from outside. Commissioner Adams felt they were in a very precarious situation and saw no remedy that the Board of County Commissioners could give Mrs. Gates. It is a matter of record. As aggravating as the situation was, and as sympathetic as she was to the issue, and since they have no control over the Code Enforcement Board, she thought it would have be to carried through into the process. She asked County Attorney Vitunac if there was anything they could do. Mrs. Gates informed the Board that she was not an attorney and unable to respond to points of law, but she did have her attorney (Samuel A. Block) with her. County Attorney Vitunac suggested that her attorney meet with his office so they can go over it and if there is something that can be done, they will do it. MOTION WAS MADE by Commissioner Adams, SECONDED BY Commissioner Ginn to have County Attorney Vitunac meet with Mrs. Gates' attorney to determine what can be done. Chairman Eggert pointed out that the request (recommendation) is to uphold the interpretation that staff has made and can be subject to the conversation between Mr. Block and County Attorney Vitunac. 39 SEPTEMBER 23, 1997 MOTION WAS AMENDED by the maker, SECONDED by the seconder, to uphold the interpretation that staff has made, subject to the conversation between Mrs. Gates' attorney and the County Attorney. THE CHAIRMAN CALLED THE QUESTION and it carried unanimously. C PUBLIC NOTICE ITEM - REQUEST FOR PUBLIC HEARING REGARDING APPLICATION FOR CERTIFICATE OF PUBLIC _CONVENIENCE AND NECESSITY FOR A CLASS "C" CERTIFICATE FROM COASTAL HEALTH SYSTEMS OF BREVARD, INC., TO PROVIDE NON -EMERGENCY ALS NEONATAL INTER -FACILITY MEDICAL TRANSPORT SERVICE ORIGINATING FROM INDIAN RIVER COUNTY PURSUANT TO INDIAN RIVER COUNTY CODE CHAPTER 304 The Board reviewed a Memorandum dated September 15, 1997: TO: The Honorable Board of County Commissioners THROUGH: Jim Chandler, County Administrator FROM: Doug Wright, Director `�Y Emergency Services DATE: September 15, 1997 SUBJECT: Request for Public Hearing Regarding Application for a Certificate of Public Convenience and Necessity for a Class "C" Certificate from Coastal Health Systems of Brevard Inc., to Provide Non -Emergency ALS Neonatal Interfacility Medical Transport Service Originating from Indian River County Pursuant to Indian River County Code Chapter 304. It is respectfully requested that the Board of County Commissioners schedule a public hearing for October 7, 1997 pursuant to Chapter 304 of the Indian River County Code in order all SEPTEMBER 23, 1997 to consider the application of Coastal Health Systems of Brevard Inc. for a Class "C" Certificate of Public Convenience and Necessity to provide non -emergency ALS Neonatal Interfacility Medical Transport Services originating from Indian River County. DESCRIPTION AND CONDITIONS: An application for a Class"C" Certificate of Public Convenience and Necessity to provide non- emergency ALS neonatal interfacility medical transport services was received from Coastal Health Systems of Brevard Inc., on August 7, 1997. Coastal Health Systems of Brevard, Inc. is requesting this certificate to allow their units to transport Wuesthoff Health Systems neonatal crews to Indian River County to pick up neonatal patients requiring their services and transport back to Brevard County. Chairman Eggert announced that a request had been made (due to a family situation) to schedule this public hearing on October 14, 1997, not on the 7'h as stated in the Memorandum. ON MOTION by Commissioner Macht, SECONDED BY Commissioner Adams, the Board unanimously scheduled the public hearing for the above matter to be held on October 14, 1997. H.E. EXCESS INSURANCE PROGRAM The Board reviewed a Memorandum dated September 17, 1997: TO: James E. Chandler, County Administrator THRU: Joseph Baird, OMB Director FROM: Beth Jordan, Risk Manager DATE: 17 September 1997 SUBJECT: Request for Agenda; Excess Insurance Program Please consider this item for the Board of County Commissioners' September 23, 1997, agenda. Background In 1988, the County utilized the services of Siver Insurance Management Consultants to develop its modified self-insurance program for property, liability, workers' compensation, and third party claims administration. As part of the original program design, Siver recommended the excess insurance coverages and affiliated services be re -bid every three to five years, depending upon satisfaction with the incumbent carrier(s), market conditions, etc. to make certain the County obtained the best coverages at the best costs. Following that advice, the County remarketed the program in 1992 and the resulting 41 SEPTEMBER 23, 1997 BOC , l u"" PnE l� program has been in effect until the present Several months ago, following a request for proposals for consultant services, Waters Risk Management (Waters) was selected as the consultant to lead the current effort to remarket the program. Analysis Several factors have combined to produce a positive result for the County. The proposal Mich is being submitted by Waters and staff results in an annual premium savings of over $200,000.00. The market conditions are favorable and the County's experience as a self- insured public entity has been positive. In the attached analysis, Waters presents details Mich have resulted in the recommendation which is being made. Recommendation Staff concurs with the recommendations made by Waters Risk Management While most of the coverage remains with the Florida League of Cities, some lines have been changed to reflect more competitive coverages. Staff concurs with the purchase recommendations as attached, with an annual cost of $432,053.00, or an annual savings of $240,149.00. ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Adams, the Board unanimously approved the Recommendation as set forth in the Memorandum above. Il. L ROSELAND ROAD EAST AT US#1 - INTERSECTION AND DRAINAGE IMPROVEMENTS - PURCHASE OF RIGHT-OF-WAY FROM THOREN The Board reviewed a Memorandum dated September 4, 1997: TO: James E. Chandler County Administrator THROUGH: James W. Davis, P.E. Public Works Directo AND Roger D. Cain, P.E. County Engineer FROM: Donald G. Finney, SRA County Right -of -Way Ag n ° SUBJECT: Intersection and Drainage Improvements, Roseland Road East at US #1 DATE: September 4, 1997 DESCRIPTION AND CONDITIONS Ten feet (10') of additional right-of-way is needed on the south side of Roseland Road and fifty feet (50') of additional right-of-way on the east side of Avenue Five. The property is zoned RS -6. The owner has signed a Contract For Sale and Purchase at $1.25 per square foot for the 14,550 square feet right-of-way for a total compensation of $18,188.00. 42 SEPTEMBER 23, 1997 Staff feels the contract is an equitable negotiated settlement, with no additional attorney or appraisal fees. The purchase price is in a range of value with comparable sales in the neighborhood. RECOMMENDATIONS Staff requests the Board accept the $18,188.00 contract and direct the Chairman to execute the contract on the Board's behalf. FUNDING Funding Is Available from District 3 Impact Fees Account No. 101-153-541-066.12. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Macht, the Board unanimously accepted the $18,188.00 contract and directed the Chairman to execute the Contract, as recommended in the Memorandum. COPY OF CONTRACT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 11.G.2. REQUEST FOR COUNTY TO CULVERT SEBASTIAN RIVER WATER CONTROL DISTRICT R 14 CANAL BENEATH 66TAVENUE The Board reviewed a Memorandum dated September 16, 1997: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E., Public Works Directo SUBJECT: Request for County to C ert Sebastian River Water Control District R14E Canal Beneath 6e Avenue REF. LETTER: Samuel Block to Jim Davis dated Sept. 9, 1997 DATE: September 16, 1997 DESCRIPTION AND CONDITIONS The Sebastian River Water Control District has designed a new easttwest canal near 77th Street (Hobart Road) to improve drainage in the north county area. The design includes a 30° diameter culvert to be placed beneath W Avenue, a county road. Since the District's canal system was platted May, 1928, which precedes the W Avenue road right of way, the District is requesting the county to fumish and install the culvert. 43 SEPTEMBER 23, 1997 boCAK .':� F,1Lc U , 0 ALTERNATIVES AND ANALYSIS The cost of the drainage culvert is estimated as follows: 90 LF 30" RCP @ $40/If $ 3,600 Endwalls $ 8,000 Guardrail 5,000 $16,600' Staff has indicated to the Drainage District Administrator that we prefer that the county purchase the pipe and the installation be bid as a separate bid item with the canal project. The county would agree to pay the cost of installation. The alternatives presented are: Alternative No. 1 Agree to fund the culvert cost of $16,600 as outlined above. Alternative No. 2 Deny the request for the County to furnish and install the culvert RECOMMENDATIONS AND FUNDING Staff recommends Alternative No. 1 whereby the County agrees to fund $16,600 to furnish and install a 30" culvert beneath W Avenue. Funding to be from the Local Option Sales Tax Program. FY98/99 - $1,100,000 for drainage improvements. MOTION WAS MADE by Commissioner Ginn, SECONDED BY Commissioner Macht , to approve Alternative No. 1, to fund the culvert cost of $16,600 as outlined above, as recommended in the Memorandum. Under discussion, Commissioner Macht asked why the County is required to pay for this, and Public Works Director James Davis explained that it was due to the fact that the Sebastian Water Control District was established (1927) prior to the road right-of-way being established. So, they came first, we constructed the road over their right-of-way, and they are asking us to culvert it. THE CHAIRMAN CALLED THE QUESTION and it carried unanimously. 11.H.1. SOUTH COUNTY WASTEWATER TREATMENT PLANT EXPANSION PROJECT - WHARTON-SMITH. INC - CHANGE ORDER #1 The Board reviewed a Memorandum dated September 10, 1997: El El SEPTEMBER 23, 1997 DATE: SEPTEMBER 10, 1997 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: JAMES W. DAVIS, P.E. u' INTERIM DIRECTOR OF UTILITY SERVICES PREPARED ROBERT 0. WISEMEN, P.E Q AND STAFFED ENVIRONMENTAL ENGINEER`` BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: SOUTH COUNTY WASTEWATER TREATMENT PLANT EXPANSION PROJECT (2.0 MGD) CHANGE ORDER NO. 1 INDIAN RIVER COUNTY PROJECT NO. IIS -90 -20 -DC BACKGROUND On May 20, 1997, the Board of County Commissioners awarded the contract for the above -referenced project to Wharton -Smith, Inc., in the amount of $8,527,000.00' The Board of County Commissioners also approved the direct purchase and direct payment of equipment through the contractor by providing the issuance of a purchase order. (See attached agenda item.) The procedure replicates methods followed by Wharton -Smith on previous projects and has been revived and approved by Purchasing, Legal, etc. (See attached copy of McCain memo dated July 22, 1997 and associated material.) ANALYSIS The staff, through the engineer (Camp Dresser and McKee Inc.), has obtained the list of equipment the County would like to purchase directly from the supplier through the contractor. Attachment No. 1 is the list provided to date by the contractor for said equipment, estimated prices, and company names of suppliers. The estimated total cost for the, equipment to date is $1,700,000.00.' This figure will be deducted from the Wharton -Smith contract with the County as Change Order No. 1 resulting in a new contract amount of $6,827,000.00: As a result of the direct purchase of equipment, the County should save $117,000 to date. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve Change -order No. 1 as presented. ON MOTION by Commissioner Macht SECONDED BY Commissioner Ginn, the Board unanimously approved Change Order No. 1 with Wharton -Smith, Inc., as presented and recommended in the Memorandum. CHANGE ORDER NO. 1 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 45 SEPTEMBER 23, 1997 ILH.2. SOUTH COUNTY WASTEWATER TREATMENT PLANT EXPANSION PROJECT - OUTSIDE INSPECTION SERVICES - CAMP DRESSER & MCKEE. INC. The Board reviewed a Memorandum dated September 10, 1997: DATE: SEPTEMBER 10, 1997 TO: JAMES E. CHANDLER COUNTY ADMINISTRATOR FROM: JAMES W. DAVIS, P.E. INTERIM DIRECTOR OF UTILITY SERVICES - PREPARED ROBERT O. WISEMEN, P.E. AND STAFFED ENVIRONMENTAL ENGINEER BY: DEPARTMENT OF UTILITY SERVICES SUBJECT: SOUTH COUNTY WASTEWATER TREATMENT PLANT EXPANSION PROJECT (2.0 MGD) OUTSIDE CONTRACT INSPECTION SERVICES INDIAN RIVER COUNTY PROJECT NO. US -90 -20 -DC BACKGROUND On September 20, 1994, the Indian River County Board of County Commissioners approved an agreement with the project engineer, Camp Dresser and McKee Inc., for engineering services associated with design, permitting, construction administration, and part- time resident inspection for the above-mentioned project. (See attached Sheet C5-2, Project Budget, South County WWTP General Services During Construction, Task 550 and agenda item.) ANALYSIS The engineer, per agreement with the County, will provide field staff for resident inspection for a total of 1,420 hours (or 25 hours per week for 14 months) during construction. They will cover all critical points of the construction. The County then will fill in during unattended hours with an outside part-time resident inspector. At this time, staff proposes hiring a contract inspector at $22.00/hour with no benefits for the twelve-month period with a work schedule of 15 hours per week. (An additional outside inspector is not needed for the first two months.) The cost for this contract inspector would be $17,160.00. This will save the County over $60,000.00 (compared to 910 manpower hours at approximately $85.00/hour if through the CDM agreement). Payment for the additional outside contract insector will be paid through the current County bond issue. The staff intends to utilize the same contract inspector who is currently working on the North County Reverse Osmosis construction project. RECOMMENDATION The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the proposed expenditure to utilize its current contract inspector for the service outlined above. 46 SEPTEMBER 23, 1997 In response to Commissioner Ginn's inquiry, Public Works Director James Davis gave assurances that the County has been pleased with the inspector's work on the North County construction project. ON MOTION by Commissioner Ginn, SECONDED BY Commissioner Macht, the Board unanimously approved the proposed expenditure to utilize the Department of Utility Services contract inspector for the services outlined in the Memorandum, as recommended in the Memorandum. M.A. LEGISLATIVE DELEGATION MEETING The Board reviewed a Memorandum dated September 12, 1997: '#VED SEP '. 6ISER 16 1997 3Cr..Rl' BOPAObO ZOUNTY C0Mf.41SSI0N�� P.O. Box 2380 Yesn Beads, FL 32961 561-778-5077 Florida House of Representatives Charles W. Sembler II Representative, District 80 220 House O•�iee Building Tallalsassee, FL 32399-1300 904-488-0952 MEMORANDUM.17M8UT N L Coni iurer Administrator TO: All Concerned Attorn Person FROM: Charles W. Sembler II Public Communici DIM Utlll� SUBJECT: Indian River County Legislative Delegation Meeting Fnanc 0'115 DATE: September 12, 1997 Emerg Serv. Risk . Other The Legislative Delegation of Indian River County will hold its annual me public hearing on November 12, 1997, beginning at 8:30 a.m., in the Indian Rive Commission Chambers - 1840 25th Street, Vero Beach, FL 32960. 47 SEPTEMBER 23, 1997 r County 60�K � 02 FAG -6®x.9 The purpose of the delegation meeting, prior to the convening of the regular session of the Florida Legislature, is to consider the introduction of Special Acts relating to Indian River County, and to allow local residents an opportunity to voice their opinions on various issues to the delegation. Anyone wishing to have a Special Act for Indian River County introduced should have the Act drafted and delivered to my office at 1053 20th Place - City Hall, before October 31, 1996. A statement by an attorney, that the purpose of the Act cannot be accomplished by a local ordinance or rule, is required with each proposed Special Act, along with two copies of proof of publication. If you have any questions regarding the meeting, or wish to be on the agenda to address the delegation, please contact my Legislative Assistant Dawn Smith or my Legislative Secretary Carol Gerow in my District office, phone number 778-5077. COMMITTEES: Environmental Protection, Chair - Law Enforcement & Public Safety - Transportation and Economic Development (Fiscal) Chairman Eggert briefly reviewed the information on the date, time, and location of the meeting. She summarized the revisions the Board has spoken about and advised that County Attorney Vitunac would be submitting resolutions at next week's Board meeting for their consideration and adoption on the following concerns: 1) Unfunded mandates; 2) Partial year assessments; 3) Local government control of public rights-of-way; 4) Preservation 2000; 5) Give non -charter counties right to petition initiatives; 6) Article V funding; 7) Continue on the amendment of the clamming leases. Commissioner Adams suggested a Special Act of 1959 may need to be revamped. It concerns the ability of the hospital to place a claim of lien against a patient prior to receiving services. She will review it with County Attorney Vitunac to determine what, if anything, should be done. Chairman Eggert wondered whether any action needed to be taken with respect to two parks in North County, and Commissioner Adams saw that matter to be more administrative, not legislative. r,; SEPTEMBER 23, 1997 Commissioner Ginn had concerns about "quasi judicial" hearings, which allow for no interaction between Commissioners and the citizens. She felt they should be able to discuss these matters with the citizenry. Chairman Eggert thought the reason was so all Board members hear everything at the same time. Commissioner Macht advised a form of relief was offered, and Commissioner Adams stated they can just sign a paper divulging who they talked with and what they talked about. County Attorney Vitunac later advised that the Board had not adopted this procedure. County Attorney Vitunac explained the latest court decision is you may talk with anybody about any Comprehensive Plan change, even a small scale one. Presently, it is just rezoning, site plan issues, and special exception uses they cannot discuss. Chairman Eggert suggested they think in terms of anything that might be appealed in front of the Planning & Zoning Board. There was CONSENSUS they did not agree it was good they could not speak with the citizens regarding other matters. They agreed that they might as well put this in one more time. 13.A _GIFTS & GRATUITIES (ETHICS ORDINANCE I - PLAYOFF TICKETS DODGERS VS MARLIN Commissioner Tippin advised that a letter had been received from the Dodger organization to determine in advance whether the Board would accept tickets to a Dodgers vs Marlins divisional playoff game should the Dodgers make the playoffs. He believed it would be beneficial for Vero Beach people to go to the game to show support for the Dodgers. MOTION WAS MADE by Commissioner Tippin, SECONDED BY Chairman Eggert to accept the invitation, should it come, as a special exception to the Ethics Ordinance. County Attorney Vitunac suggested that it would be possible if the Board considered the attendance a "ceremonial gesture" which is provided for in the ordinance. 11% SEPTEMBER 23, 1997 b0'o;�' THE MOTION WAS AMENDED to include "as a ceremonial gesture". THE CHAIRMAN CALLED THE QUESTION and it carried 3- 2 (Commissioners Ginn and Macht opposed). 13•D• INVITATfONFROM ST. JOHNS RIVER WATER MANAGEMENT DISTRICT FOR AIRB0AT TOUR OF UPPER ST JOHN'S BASIN PROJECT Commissioner Ginn advised of an invitation to the Board of County Commissioners and Press to tour by airboat the Upper St. John's Basin Project. She felt it was a grand opportunity. Chairman Eggert and Commissioners Adams Tippin indicated that they had already toured this area but expected that a lot more work had been done. CONSENSUS was reached to have Commissioner Ginn set up the tour. 13.E. CHILDREN'S SERVICES NETWORK UPDATE Commissioner Macht reported that all is going well. The community needs assessment committee is progressing under the chairmanship of Dr. Roger Dearing. They are taking a comprehensive approach and are very well organized. He anticipated that the assessment would end up costing only about $300-$400 for materials and expenses and that they would be seeing it within the next few weeks. He complimented the Board on their appointees and especially Commissioner Ginn on her appointment of Mrs. Gaines to the Network. 14,B. SOLID WASTE DISPOSAL DISTRICT The Chairman announced that immediately upon adjournment the Board would reconvene sitting as the Board of Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared separately. SO SEPTEMBER 23, 1997 There being no further business, on Motion duly made, seconded, and carried, the Board adjourned at 10:43 a.m. S-TiT . • i Minutes approved / L / - 9 7 51 SEPTEMBER 23, 1997 4�2� 0 ZZ -1.4 Mz Carolyn . Eggert airman