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HomeMy WebLinkAbout3/3/1982Wednesday, P -larch 3, 1982 The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the Board of County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Wednesday, March 3, 1982, at 8:30 o'clock A.M. Present were Don C. Scurlock, Jr., Chairman; Alfred Grover Fletcher, Vice Chairman; Dick Bird; Patrick B. Lyons; and William C. Wodtke, Jr. Also present were Neil A. Nelson, County Administrator; L. S. "Tommy" Thomas, Intergovernmental Coordinator; Gary Brandenburg, Attorney to the Board of County Commissioners Jeffrey K. Barton, Finance Director; Dan Fleischman, Bailiff; and Virginia Hargreaves and Janice Caldwell, Deputy Clerks. The Chairman called the meeting to order. Administrator Nelson led the Pledge of Allegiance to the Flag, and Reverend Delmas Copeland, First United Methodist Church, gave the invocation. ADDITIONS TO THE AGENDA Attorney Brandenburg requested adding an item concerning Treasure Coast & Ixora Utilities. On Motion by Commissioner Lyons, seconded by Commissioner Wodtke, the Board unanimously agreed to add Treasure Coast & Ixora Utilities as an emergency item. Commissioner Fletcher requested adding an item under the North County Fire items regarding an appointment of James Cain. On Motion made by Commissioner Fletcher, seconded by Commissioner Lyons, the Board unanimously agreed to add the appointment of James Cain as an emergency item under the North County Fire District. Commissioner Wodtke requested adding an item regarding Mr. Todd. MAR 3 1982 oK 9 P cE 13' MAR 31992 19 PACE On Motion. by Commissioner Lyons, seconded by Commissioner Wodtke, the Board unanimously agreed to add an emergency item concerning Mr. Todd. APPROVAL OF MINUTES The Chairman asked if there were any additions or corrections to the Minutes of the Special Meeting of January 13, 1982. Commissioner Fletcher referred to page 9 and stated that the vacancy from Fellsmere has been filled by Alpha R. Payne. Discussion followed and it was pointed out that his appointment took place after adoption of the resolution, and a Motion appointing him to that position would suffice. Commissioner Lyons noted' that Commissioner Fletcher should have signed the resolution since it was to be signed as Chairman of the North County Fire District. After some discussion, it was felt this resolution should be withdrawn from the Minutes and corrected. On Motion by Commissioner Wodtke, seconded by Commissioner Lyons, the Board unanimously approved the Minutes of the Special Meeting of January 13, 1982, and that Resolution 82-11A be withdrawn from the Minutes and corrected. The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of January 20, 1982. Commissioner Lyons referred to page 12, line 31 and requested that "Tallahassee" be deleted and "Daytona Beach" be added. On Motion by Commissioner Lyons, seconded by Commissioner Bird, the Board unanimously approved the Minutes of the Regular Meeting of January 20, 1982, as amended. W The Chairman asked if there were any additions or corrections to the Minutes of the Special Meeting of January 27, 1982. Commissioner Lyons referred to page 5 regarding the study being conducted to add 15' to Courtroom A, and wondered if this was being done. Administrator Nelson assured him that the matter was presently being studied. On Motion by Commissioner Fletcher, seconded by Commissioner Bird, the Board unanimously approved the \ Minutes of the Special Meeting of January 27, 1982. CLERK TO THE BOARD A. Budget Amendment Motion was made by Commissioner Fletcher, seconded by Commissioner Lyons, that the Board approve the Budget Amendment to allocate funds to pay for 100 copies of the Code of Ordinances, recommended by the Finance Director, as follows: Account Title Outside Printing Account Number 001-101-511-34.72 Increase Decrease 3,237. B.C.C. Contingencies 001-199-513-99.91 3,237. Commissioner Scurlock expressed concern about the proper allocation of the funds used for the books.- Finance ooks: Finance Director Barton explained that the books were $75 a set, and each supplement to up -date the book was $10. The Chairman called for the question. It was voted on and carried unanimously. B. Assigned Parking The Board reviewed the following memorandum dated February 25, 1982: MAR 3 1982 3 Do 49 FE 10 MAR 31982 February 25, 1982 10-- NEIL A. NELSON, COUNTY ADMINISTRATOR FROM: JEFFREY K. BARTON, FINANCE DIRECTOR - INDIAN RIVER COUI•fTY SUBJECT: A�i%idned parking for Finance Department Vehicle On January 20, 1982, a meeting was held in the Chairman' office during the lunch break of the Commission. The meeting was attended by Chairman Scurlock, David Greene., C. B. Hardin, and myself. A request was made for two (2) assigned parking spaces. One for the Tax Collector and the other for the Finance Department. After some discussion the Chairman agreed to the two assigned spaces. The space for the Tax Collector was to be painted and assigned in Lhe old emergency entrance area, and spice for Finance was to be assirined in the East parking lot adjacent to the'Commission chambers (second space from back dour). I would very much appreciate being advised as to any and all action taken on this matter at your earliest convenience. Motion was made by Commissioner Lyons, seconded by Commissioner Wodtke, that the Board accept the request for assigned parking spaces for discussion purposes. Commissioner Lyons understood the problem but thought, with the amount of traffic we have at the east parking lot, giving up spaces on a permanent basis was not right. Finance Director Barton commented that the biggest problem was having to park so far away, then when the ladies have to_ walk to the car in order to make a bank deposit, there is a problem. Chairman Scurlock suggested driving up to the front entrance and then picking up the bank deposit. Commissioner Bird felt this was a unique situation and was concerned for the safety of the ladies having to make the bank deposits. Discussion followed regarding the problem with handling money. Administrator Nelson wondered if it would be better to have the Sheriff's Department help out; the Litter Office is a deputy and he could help. Commissioner Lyons withdrew his Motion and Commissioner Wodtke withdrew his second. Lengthy discussion ensued. On Motion made by Commissioner Lyons, seconded by Commissioner Fletcher, the Board unanimously authorized the staff to come up with a proposal for the parking situation. Commissioner Bird felt that a memorandum should be sent to all employees after the parking situation has been resolved. CONSENT AGENDA Administrator Nelson requested taking Items F & G off the Consent Agenda for discussion purposes. A. Approval of Sheriff's Deputy On Motion by Commissioner Wodtke, seconded by Commissioner Lyons, the Board unanimously approved the Chairman's signature for the following deputy appointed by Sheriff Dobeck: Alfred W. Scott. B. Reports Received and placed on file in the Office of the Clerk: Report of Juveniles in Jail - January, 1982. C. Medical Examiners Services Contract On Motion by Commissioner Wodtke, seconded by Commissioner Lyons, the Board unanimously approved the contract for the Medical Examiners Services. l •• THE FOLLOWING DOCUMENTS WILL BE MADE A PART OF THE OFFICIAL RECORD. 5 B4�aK 9 PAGE i7 MAR 3 1982 S. C O N T R A C T Between STATE OF FLORIDA DEPARTMENT -'OF LAW ENFORCEMENT MEDICAL EXAMINERS' COMMISSION AND INDIAN RIVER COUNTY for MEDICAL EXAMINER FUNDS This Contract is entered between the State of Florida, Department of Law Enforcement, Medical Examiners' Commission, hereinafter referred to as "COMMISSION", and Indian River County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", through its Board of County Commissioners, and the DISTRICT MEDICAL EXAMINER. Any reference in this Contract to "Districts" shall mean Medical Examiner District 19 as established by the Medical Examiners' Commission under Florida Statute Chapter 406. W I T N E S S E T H: WHEREAS, Florida Statute, Chapter 406 and Rule 11G-4, Florida Administrative Code, authorize the Commission to disburse to the County state funds for Medical Examiner Services and to oversee the distribution of state funds for said purpose. NOW, THEREFORE, in consideration of the mutual understanding and the provisions, terms, and conditions hereafter set forth, the Commission and the County mutually agree as follows: I. COUNTY Agrees: A. To comply and act in accordance with all provisions of Florida Statute Chapter. 406 and implementing rules of the Medical Examiners' Commission, where applicable. B. The funds provided to the COUNTY under this Agreement shall be used only for Medical Examiner related expenses, said uses to include, but not be limited to, -.the. --following: (1) Salaries and/or fees for service - (2) Transportation (3) Facilities and equipment (4) Laboratory services (5) Administrative costs (6) Other related expenses C. The COUNTY and the DISTRICT MEDICAL EXAMINER shall provide the COM- MISSION with: (1) A County Annual Expenditure Report on forms to be provided by the COMMISSION identifying total funds expended or encum- bered for Medical Examiner Services during the 1981 calendar year. (2) A copy of the budget adopted for Medical Examiner Services for the current county fiscal year. (3) Response to a survey prepared by the COMMISSION regarding facilities, personnel, and funding through which medical services are provided. The second installment of funds disbursed by the COMMISSION shall be paid upon receipt by the COMMISSION of the documents listed. D. The COUNTY and the DISTRICT MEDICAL EXAMINER will comply with re- quests from the COMMISSION for information regarding expenditures for support of Medical Examiner activities in their county, pursuant to Chapter 406, Fla. Stat. -2- .. MAR 3 1982 6 ;�, MAR 31982 BOOK s PTFE 2a. E. The COUNTY and the MEDICAL EXAMINER further agree: (1) To comply with Title VI and VII, Civil Rights Act of 1064 (42 USC 2000d), Executive Order No. 11246, entitled "Equal Employment Opportunity", as supplemented in Department of Labor Regulations (41 CFR Part 60), and Federal Regulations concerning nondiscrimination because of mental and physical handicaps. F (2) To meet the standards of accountability of Rule 4G-4.06, Florida Administrative Code, which include the following: (a) Each County shall use an accounting system which meets generally accepted accounting principles. (b) Each County and each District Medical Examiner shall maintain such records and accounts as are necessary to properly account for state funds disbursed by the Com- mission. (c) All records relevant to this rule shall be retained for a period of not less than three years, unless otherwise provided by law. (d) Records and accounts necessary to justify the use of state funds for Medical Examiner services shall be open to inspection for audit purposes to the Commission, the Department, and the Auditor General. (e) Funds received from the Commission shall only be used for the provision of medical examiner services. In the event of COUNTY's noncompliance with any provision of this Contract the Contract may be terminated or suspended in whole or in part by the COMMISSION upon thirty (30) days written notice to the COUNTY. -3- 9 2. The COM`fISSION Agrees: A. To pay the COUNTY a total sum of $9,363 to be paid in semi- - annual payments of $4,681. B. Payment shall be made on a. -semi-annual basis. Payment for the first two quarters shall be made upon -execution of this Contract. The second payment shall be made when the documents outlined in Item 1(c) above are provided to the COMMISSION and after the COM- MISSION has received its 4th quarter allotment of General Revenue Funds, approximately April 1, 1982. 3. This Contract is effective for the State fiscal year July 1, 1981 through June 301 1982. 4. This Contract is subject to the availability of funds, and the de- termination as to such availability rests solely with the COMMISSION. If funds become unavailable, the COMMISSION may terminate this Contract on twenty-four (24) hour notice. 5. Any alterations, variations, modifications or waivers of provisions of this Contract shall only be valid when they have been reduced to writing, duly signed and attached to the original of this Contract. The parties agree to renegotiate this Contract if State revision of any applicable laws or regulations made changes in this Contract necessary. 6. The County and the District Medical Examiner shall be independent con- tractors, and not the agent or servant of the Department and shall not be entitled, as a result of this contract, to any benefits granted employees of the State of Florida. The County and the District Medical Examiner shall have complete supervision and control over their own agents, servants and employees. 7. The Department shall not be deemed to assume any liability for the acts, omissions to act or negligence of the County or -the District Medical MAR 31982 -4- V, MAR 3 1.982 -7 BOOK �9 PAtE 22 Examiner, their agents, servants, and employees; nor shall the County or District Medical Examiner exclude its own negligence to the Depart- ment or any third party. 8. This Contract contains all the•terms and conditions agreed upon by the parties. Any items incorporated by references are physically attached. No other agreements, oral or otherwise, regarding the subject matter of this Contract, shall be deemed to exist or to bind any of the parties hereto.* IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chairman, authorized to execute same by Board action on the day of 19_, the DISTRICT MEDICAL EXAMINER, and STATE OF FLORIDA, FLORIDA DEPARTMENT OF LAW ENFORCEMENT, MEDICAL EXAMINERS' COMMISSION, signing by and through its Staff Director, duly authorized to execute same, and by the COMMISSIONER OF THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT. Date State of Florida, Medical Examiners' Commission Staff Director Date State of Florida, Department of Law Enforcement Commissioner Date Chairman, Board of County Commissioners County, Florida Date District rledi�al Examiner District LEGAL2/B 0 D. Section 8 Program On Motion by Commissioner Wodtke, seconded by Commissioner Lyons, the Board unanimously approved the requisition for the third quarterly payment FY 82 of Annual Contributions Contract - Section 8 Existing Housing Rental Assistance Program. Commissioner Fletcher requested that this matter be reconsidered since he had inadvertently voted for the Motion. On Motion made by Commissioner Fletcher, seconded by Commissioner Wodtke, the Board approved, with a 4 to 1 vote, Commissioner Lyons voting in opposition, -reconsideration of Item D in the Consent Agenda. On Motion by Commissioner Wodtke, seconded by Commissioner Bird, the Board approved, with a 4 to 1 vote, Commissioner Fletcher voting in opposition, the requisition for the third quarterly payment FY 82 of Annual Contributions Contract - Section 8 Existing housing Rental Assistance program. WK 9 WE MAR 3 1982 23 11 MAR � 1982 , - -03) 52663 19 �4CE 2.4 t U.S. DEPART> .ENT OF HOUSING AND URBAN O-�VELOPMENT FOR HUD USE ONLY REQUISITION FOR PA -AT IAL PAYMENT OF AINNUAL CONTRIBUTIONS HOUSING ASS;STANCE PAYMENTS PROGRANI t'iurnerSumber SECTION 23 !J SCCTION 8 i Xl 1 Oate of Recui:ition 2/8/82 Fiscal Ysar Ending Date 9/30/82 For Quarter Ending 6/30/82 NAME AND ADDRESS OF PUBLIC HOUSING AGENCY (Inciudinq ".'ip Code) Indian River Board of County Commissioners 1840 25th St.,- Suite S-321 Vero Beach Fla. 32960 ACC Contract Number A-3409 Project �lumher FL— 9—E132-001 ?;o, of Months in Fiscal near 12 Type of Project: DEPOSITARY SANK (Nar.,e, Address and Account Number) The First Bankers of Indian River Ca-unty Vero Beach, Fla. 32960 Acct. #98-04000-1 ® EXISTING Gl NEW � REHAB. a. Nutter of Units Under Lease to Eligible Families as of Date of Requisition 102 ':. Estimated (dumber of Units to be under Lease at End of Requested Quarter 126 c. Average monthly Housing Assistance Payment Per Unit as of Date of Requisition 169 DESCRIPTION ESTIMATE OF REQUIRED ANNUAL CONTRIBUTIONS TOTAL COST INCURRED TO DATE ESTIMATED ADDITIONAL COST TO END OF P,EQUESTED QUARTER CUMULATIVE TOTAL FUNDS REQUIRED (11 (2) (3) (4) (5) PRELIMINARY AOnt iJTfATIVE dXPEASE 1. Preliminary Administritive Expense—Prior to ACC (Account 4010) ''0 0 0 1 0 0 2. P�sliminary Administrative Expense—After ACC (Account 4012) 0 0 0 0 0 3. Total Preliminary Administrative Expense (Lines 1 & 2) b�� fl ; ffi 0 0 0 0 0 I 0 p� e y to NONEXPENDABLE EQUIPMENT 4. Replacement of Nonexpendable Equipment (Account 7520) 5. Property Betterments and Additions (Account 7540) 0 0 0 I 0 6. Total Nonexpendable Equipment (Lines 4& 5) - HOUSING ASSISTANCE PAYMENTS 7. HousingAssistance Payments Account 4715 Y ( ) 329, 664 84,994 81,120 166,114 ADMINISTRATIVE FEE 8. Total Administrative Fee Approved for Fiscal Year 39,39-7 9. Monthly Rate of Administrative Fee (Line 8 divided by number of months in focal year) 3,277 10. Amount Previously Requisitioned for fiscal year 19.664 191 1) 11. Estimated Additional Amount Required to end of Requested Quarter 12. Total Administrative Fee (Lines 10 & 11) I496 0 UNDEPENU NT PUBLIC Al:COUPlTAP'dT AUDIT COSTS (Section 8 only) 13. Total Independent Public Accountant Audit Costs 2,500 SECURITY AND UTILITY DEPOSITS (Section 23 only) 14. Total Allowance Approvad for Security and Utility Deposits 0 15. Amount Previously Requisitioned for Fiscal Year 0 16. Estimated Additional Amount Requirod to 'End of Requested Quarter 0 17. Total Security and Utility Deposits (Lilies 154 16) 0 AMOUNT OF THIS REQUISITION 18. Total Funds Required to End of Requested Quarter (Lines 3, 6, 7, 12, 13& 17) 1 195,610 19. Total Partial Payments Received for Fiscal Year to Date 1 �' 20. Partial Payment Requested (Line IS Ininus Line 19) t IST INSTALLMENT 2ND INSTALLMENT 3RD INSTALLMENT TOTAL METHOD OF PAYPPE3ilT 21. Requested Installment Payments 20,52' 20 526 20,526 hl 5715 i CERTIFY that housing assistance paymcni have been er will Cad made only with respect to units which: (1) are under ioaae by Familit.s et the time such housing assistance payments are made excopt as otherwise provided in the Housing A-3istame Pavmenta Contracts and (2) the Houvrig Agency has within one year prior to the rn-lting of such housing asistence payments• adequately irapectotl or ccused to bo in_y>ectsd (includ,nr mspeetinn of :rrind•. fortiities, and areas for the benefit and use of the Families) to :^cure that decent, safe and sanitary housing accommodations are beir.v provitlod: that :ill applirble Pro- vnions of the above numbered Contract have been compiled with by the Housing Agsrx:y; and that this requisition 'or annual contributions has been cxam- insd by me and to the best of my knowledge and belief it is true, correct and complete. Indian River Court tv Board of County Commi` siollerS (Name of Public itous,n4 Arrncy' (Date) (Signature and 'Title of Ofllciai a uthoracd to Certif)l HUD FIELD OFFICE APPROVAL (Signature and Title of Official Authorized to Approve) IUutcl P EGIONA.L ACCOUNTING DIVISION PAYMENT Prevalidatedby: FOR MONTH OF Ah10UNT PAID DATE CLRTItiCD FOR PAYh1LNT CERTIFIED BY (IrtttinLc) (Signature) (Date) TOTA 11/ Penlace "' HUD -52663 dated June 19U. HUD -52663 E. Section 8 Audit Report The Board reviewed the following memorandum dated February 24, 1982: TO: Neil A. Nelson DATE: February 24, 1982 FILE: County Administrator SUBJECT: Section 8 Housing Assistance Program Audit Report FROM: g Edward J. e a REFERENCES:: Executive Director Indian River Countv Housing Attt}hnri to It is recommended that the data herein presented, be given formal consideration by the County Commission. The Board of the Indian River County Housing Authority at its meeting of February 16, 1982 requested that the Section 8 Housing Assistance Program Audit be forwarded to the County Commissioners for their approval.. The audit was under taken in accordance with County Reso- lution No. 82-2 which authorized the -firms of O'Haire, Moran & Williams, Chartered and Deloitte, Haskins & Sells, Certified Public Accountants, to audit the books and records of the Pub-lic Housing Agency for the 27 month period ending September 30, 1981. Copies of the report are submitted for each of the Commissioners for their review. As described in Note 1 of the report, "The Section 8 Housing Assistance Program's policy is to prepare its financial statements on the basis of accounting practises prescribed or permitted by the Department of Housing and Urban Development". On Page 8, Exhibit C-3, indicated accumulative HUD contri- butions through September 30, 1981 of $278,852. The County's contribution is $439. The surplus of $8,675 is equipment. (Ed.; The program assisted elderly, handicapped, disabled and families of low income in meeting the rent for their housing'. During the period covered, 158 cases received financial assistance.) The accountants have, in accordance with their contract, forwarded 20 copies of the audit to the Reg,onal Inspector General for Audit of the U. S. Department of Housing and Urban Development. They have also forwarded a copy to the field office in Jacksonville. The costs of the audit have been funded by the Department of.Housing & Urban Development. Formal acceptance of the audit report by the Board of County Commissioners is respectfully requested. MAR 3 1982 13 49 E MAR 3 1982 On Motion by Commissioner Wodtke, seconded by Commissioner Lyons, the Board unanimously accepted the Section 8 Housing Assistance Program Audit Report. H. Bentwood Terrace Subdivision - Bond The Board reviewed the following memorandum dated February 18, 1982: TO: The Honorable Members of the DATE: Fetruary 18, 1982 FILE: Board of County Commissioners SUBJECT: Request for Release of Maintenance Bond - Bentwood Terrace Subdivision FRCI. Neil --A. Nelson, REFERENCES: James E. Sabon'John to Board of County Administrator LETTER: County Commissioners dated Feb. 12, 1982 DESCRIPTION AND CONDITIONS On March 18, 1981, Mr. James Sabonjohn, developer of Bentwood Terrace Subdivision located north of 4th Street at 39th Avenue, submitted a $300. cash maintenance bond for seeding the swales. This bond was submitted as a condition to Final Plat Approval. By copy of the above referenced letter, the owner is requesting release of the $300. bond since seeding has germinated. ALTERNATIVES AND ANALYSIS Inspection by the Public Works Department on Feb. 18, 1982 revealed that seeding has sufficiently germinated. The alternatives include 1) Approving release of the $300. cash maintenance bond 2) Deny request to release bond. Since germination is complete, there is no reason to deny this request. RECOMMENDATIONS AND FUNDING Staff recommends release of the $300. cash maintenance bond for Bent- wood Terrace Subdivision. Funding to be from the County's Escrow account. On Motion by Commissioner Wodtke, seconded by Commissioner Lyons, the Board unanimously approved the request for release of maintenance bond for Bentwood Terrace Subdivision. 14 F. Pistol Permit Renewals Administrator Nelson commented that the entire pistol permit procedure had been revamped over a year ago but since recent discussions with the Sheriff, it was felt that the instructions should be improved and intensified. He added that the staff's recommendation is not to issue any more permits until such time as a full analysis has been made. Attorney Brandenburg suggested that the ordinance should be revised or the weapons handling course should be upgraded. Commissioner Wodtke felt that we should process those applicants who have already gone through the training course but not accept any new applications. Sheriff Dobeck expressed concern about possibly putting somebody in a liability situation. He added that the instructor, Larry Tippins, had a problem with applicants bringing guns to the training course that were not safe. Lengthy discussion followed. On Motion made by Commissioner Lyons, seconded by Commissioner Wodtke, the Board unanimously approved the following pistol permit renewals: Jerry Martin Johnson Arthur Harry Sidelinger Thomas Martin Fortson On Motion made by Commissioner Lyons, seconded by Commissioner Wodtke, the Board unanimously approved the following pistol permit applications: Lothar K. Zeran Edward Benjamin Dancy Walter J. Keehner Thomas Warren Aldrich Chester Dean Brumley Ira Leroy Dean Bill F. Stegkemper Grady Wilson Tyner Francis Vincent Casano, Jr. MAR 31982 15 Randall Scott Flinchum Larry Howard Howland John S. J. Amos Wellford Estes Hardee agot 19 Pay r . 27 LIAR 3 1992 9 PgE Sheriff Dobeck felt the Board should also consider an additional cost for the applicant due to the additional time that Captain Tippins would have to spend in training the people. He continued that 20 people had signed up for the next class, and it may take as long as two days to complete. Commissioner Bird suggested that the training should be separated from the testing. He did not think the County should underwrite the expense to train the people who want a pistol permit. The fee structure was discussed. Sheriff Dobeck reported that in checking with other counties in the State, the fees vary from $50 to $500. Commissioner Fletcher stated that even though we make the applicants bring their own ammunition, Captain Tippins' time must be considered. On Motion made by Commissioner Lyons, seconded by Commissioner Wodtke, the Board unanimously agreed to direct the Administrator to work with the Sheriff to come up with a new ordinance; examine the possibilities of separating the training from the testing; examine the question of renewal and the testing for `renewal; and to address the fee schedule. On Motion made by Commissioner Wodtke, seconded by Commissioner Lyons, the Board unanimously agreed to stop acceptance of new applications for pistol permits until the adoption of a new ordinance. WASHER & DRYER FOR JAIL FACILITY The Board discussed the following memorandum dated February 25, 1982: TO: The Honorable Members of DATE: February 25, 1982 FILE: The Board of County Commissioners SUBJECT: Jail Renovation FROM: Neil A. County Nelson REFERENCES: Administrator F" DESCRIPTION AND CONDITIONS The State Fire Marshall inspected the County Jail on August 20, 1981. The Indian River County South Fire District inspected the jail on Jane 30, 1981 and the -State Department of Corrections in- spected the'jail February 3,.4F. and 5, 1981. All three (3) of these inspections identified descrepancies that needed correction. The Board authorized the Administrator to use the services of Architect John Calmes to work with the county engineer to develop plans and requirements to correct the critical, physical descre- pancies. A sum of $70,000 was appropriated to fund the following items: __ 1. Ventilation, heating and necessary electrical 2. Construction of a secure sally port 3. Construction of a secondary egress fire escape at the north of the building to serve the second floor 4. Construction of security fencing in vicinity of the Records and Administrative area roof 5. Installation of internal lighting fixtures. The plans were developed and forwarded to Mr. Percy Folsom, Depart- ment of Corrections, for review. Mr. Folsom returned the plans along with his comments. These comments are attached. Subsequently, the Sheriff has requested a washing machine and dryer that were to replace two (2) machines that have been worn out in service. He has requested that these items be purchased by using part of the $70,000. I do not anticipate that any surplus will be available after the five- (5) areas that were listed above, have been corrected. If these items are to be purchased then additional monies must be appropriated. RECOMMENDATION It is recommended that the five (5) items that have been identified by the county staff and architect receive top priority and the $70,000 appropriated by the Board be used to fund these renovations; that additional monies be appropriated for the purchase of the wash- ing machine and dryer required in jail operations. MAR 31982 17 MAR 3 1982 On Motion by Commissioner Wodtke, seconded by Commissioner Fletcher, the Board unanimously approved the purchase of a washer and dryer for the jail facility, with funds coming from the Board of County Commissioners General Contingency Fund. JAIL FACILITY - CORRECTIVE ACTION The Board reviewed the letter from the Department of Corrections and the the Corrective Plan of Action prepared by the Sheriff's Department, as follows: FLORIDA DEPARTMENT of CORRECTIONS Governor BOB GRAHAM Secretary LOUIE L. WAINWRIGHT 1311 Winewood Boulevard • Tallahassee, Florida 32301 • 9041488-5021 December 15, 1981 Honorable R. T. "Tim" Dobeck Sheriff, -Indian River County P.O. Box 608 Vero Beach, Florida 32960 Re: Inspection Report Dated October 21, 1981 Indian River County Jail Dear Sheriff Dobeck: Please find attached a copy of the above referenced report. The Inspectors have indicated deficiencies which require corrective action. Please review this report and provide this office with your plan of action to correct the deficiencies. A corrective action plan is now required (F.A.C., Chapter 33-8.02(5)(b)) within 30 days of receipt of this letter. The cited violations must be corrected or an action plan for correction submitted td the Chief Inspector within this time limit. "The corrective.action plan shall specify, with respect to each violation, the corrective action to be taken, the time table for such corrective action, and resources to be used. ...The correc- tive action plan shall provide for correction of all violations as soon as practicable and shall require that substantial progress towards correc- tions of Violations be demonstrated within a reasonable time." Your continued cooperation is greatly appreciated. Please advise if we may be of assistance to you in this matter. Sincerely, LOUIE L. WAIINWRIGHT, SECPET-AR 00 ./ �/l vV Carl ". Kirk.- a d i Chief Inspector �'` Inspection Report County and Municipal Detention Facilities SUMMARY: Page la The Indian River County Jail was the subject of an in-depth study by this Department.in February of this year. The most immediate violation noted in that report which remains uncorrected is the reed for secure secondary egress from the upstairs female section. Egress from the upper male section has been provided. Deficiencies are as follows: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 4. 5. Policy and_orocedure directives have not been developed. No written reports made on all use of force incidents. Required reports are not prepared in instances where body cavity searches are conducted. A female correctional officer is not on midnight shift. No written instructions outlining the proper legal authority and procedures for release. Deterioration of showers and paint continues. The addition of outside recreation areas is laudable but there is a need for the development of programs and inside space for recreation. Ventilation and lighting remain inadequate. Staffing must be increased to meet the supervision requirements of Chapter 33-8. Lavatories do not provide warm water. Plumbing fixtures not in good repair. The furnace in the felony section needs repair. No food service inspections. Need for food carts. Coffeemaker needs replacement. No standard operating procedure for medical section. Physical exams not given to each prisoner held beyond 72 hours. No standard operating procedure for the management of pharmaceuticals. Records are not being transferred with prisoners. Prisoner clothing only laundered once a week. No contacts made with community agencies. No written rules and procedures covering operation of commissary/canteen. Escape and riot plans need to be written. Emergency evacuation drills not conducted and recorded. Security inspections not recorded. Inadequate key control system. Female prisoners not visually checked between 11 pm - 6 am. No written procedures for the control of sensitive food items. In adequate staff to allow a correctional officer on each floor of the facility. Corridors are used for storage of past county records. Lack of staff to supervise cleaning of cell bars.1 Screens need replacement. ' No preventative maintenance program. No written disciplinary procedures. The attitude of the prisoner in confinement in not noted in writing. MAR 3198219 �a 49 PAR 04 MAR 31982 ��jeriif P. O. BOX608 PHONE 562-7911 89DK 9 ACi o R.T."TId' DOBECK • INDIAN RrVER COUNTY MEMBER FLORIDA SHERIFFS ASSOCIATION MEMBER OF NATIONAL SHERIFFS ASSOCIATION B VERO BEACii, FLORIDA 32960 CORRECTIVE_PLAN OF ACTION The Indian River County Sheriff's Department has taken corrective action in all areas on non-compliance. The Sheriff's Department has notified and offered assistance to the Indian River County Commission in all areas of non-compliance which would be the responsibility of the County Commission to correct. A Policy and Procedure Workshop was conducted at the Indian River County Sheriff's Office on November 19-20, 1981 by Voorhis Associates, Inc. on a grant approved by the National Institue of Corrections. This meeting was originally scheduled for August 18-19, 1981 but was postponed by the Air Trafffic Controllers strike. - The County Commission hired an architect in November 1981 to address the issue of repairing the areas of non-compliance which would be their responsibility. The County Engineer, Jim Davis, has forwarded a set of plans to Percy Folson (Department of Corrections) to the best of the Sheriff's Department's knowledge, for approval: On -June 29-30, 1981, the Sheriff's Department sponsored a Phase I meeting that was conducted by Voorhis Associates, Inc. in association with the National InstituB of Corrections, to begin the groundwork for planning a new jail facility. In November members of the County Commission, County Administrator's office, and Sheriff's Department attended a NIC Phase II meeting to insure proper planning of a new jail facility. The most immediate area of non-compliance is a secure secondary egress from the female cell block. This problem was addressed by the County Commission, Architect John Calmes, Engineer Jim Davis, Capt. Baird. Davis has submitted the plans to Percy Folson. This problem was addressed along with other facility deficiencies and work is expected to start in the very near future. The Sheriff's Department was advised that the County has / allotted $70,000.00 to remedy the problems of the jail building. V The following section will address the 35 areas of non-compliance found in a Department of Corrections Inspection on 10-21-81 by Inspectors Pimm & McLain. I Policy and procedures are being developed at the present time and are to be implemented April 1, 1982. Use of force reports are being completed and filed at this time. 3. All body cavity searches are being recorded. 4. Female corrections officers._.were not on duty due to entire female staff attending corrections school. Female officers are currently on duty on a 24 hour basis. 5. Policy and procedures are being developed at the present time. 6. Showers are kept clean and painted on a regular basis, however physical deterioration is a result of age. Notification of needed repair sent to commission via letter. Heavy duty shower curtains are currently being made. 7. On January 15, 1982 a trailer was acquired to house the uniform deputies day room. The current day room is now being renovated into day space for inmates. 8. This is a physical plant problem. Commissi-on notified by letter. / ✓ 9. The staffing shortage is expected to completely resolve itself by June 1982. The hiring of additional staff was approved by the County Commission and was to be completed on a staggered basis from October 1981 through June 1982. 10. This is a physical plantproblem. Commission notified by letter. / 11. This is a physical plant problem. Commission notified by letter. ✓ 12. This is a physical plant problem. Commission notified by letter. VZ 13. The food service is now being inspected by jail supervisors. As in the past, the food service is also subject to inspections by the Health Department. - 14. Food carts have been ordered, but have not yet arrived. 15. There is a new coffee maker in the kitchen. 16. There is currently an operating procedure for the medical service. Parts of the procedure have not been formally written, but should be completed by April 1st: 17. Presently establishing a method to examine each prisoner being held beyond 72 hours. 18. There is now an operating procedure for the management of pharmaceuticals. 19. Medical Records and disciplinary records (escape risk etc.) are now being transferred with inmates when the inmates are sent to a different institution. 20. Due to equipment failure, laundry is currently being done outside the facility, two times a week. Letter submitted to County Commission for new laundry equipment. 21 BOOK PAGE 3 . MAR 3 1992 an 21. The lack of an experienced -staff is prohibiting a complete program using.various community services. The jail currently uses the local ministers and Jaycees. 22. Rules and procedures for the commissary are being written presently and will be implemented April 1st. 23. Escape and riot plans are being written at this time. 24. Emergency evacuation drills will be started immediately and the results will be recorded. The complete written procedure will be implemented by April 1st. 25. Security inspections are now being made and recorded. 26. Primary and secondary security doors are currently on separated rings. The keys are secured within the jail office. 27. The female inmates are currently being checked every two hours, on a 24-hour basis. 28. Procedures for controlling sensitive food items -are currently being put in written form with procedures. 29. A staff member will be on each floor as soon as it is equitable. 30. The County Commission has been notified by letter of a space shortage and asked to purchase a metal buildi"ng to be placed outside the jail for storage of Sheriff's Department records. The completion of this project should be in the near future. 31. A regular cleaning program is now being implemented. 32. Replacement of screens will be incorporated with the renovation program and done by section in conjunction with the window and security bar repairs. 33. A preventive maintenance program is now in effect. 34. Disciplinary procedures are partially completed and in effect. The completion of the procedures will be in the immediate future. 35. The attitude of inmates in confinement is now logged. Administrator Nelson explained that Engineer Davis was working with Architect John Calmes in correcting the items. Engineer Davis stated it appeared there were some additional requirements and more money may be needed since the Sheriff needs to have some painting done. He suggested that bids be solicited in accordance with purchasing procedures and then they would come back to the Board with their recommendations. Commissioner Fletcher asked if the County would have to pay for the electrical and plumbing inspections. Engineer Davis responded affirmatively; and also for the purchase of the paint. He continued that they would recommend the allotted $70,000 not be spent on inspections but that funding be approved for those inspections which the State is recommending that we have. Commissioner Wodtke felt very comfortable that the inspections be done; he would like to be as sure as possible that whatever work done is approved. Sheriff Dobeck stated that they attempted to utilize their maintenance man for this work but he was not a licensed plumber or electrician. Commissioner Fletcher inquired if the painting can begin. Sheriff Dobeck stated that they can do,the painting but the Department of Corrections is saying they don't want any physical changes made until they approve them. Chairman Scurlock thought they were moving in the right direction. Lengthy discussion followed, and it was pointed out that there were many suits being filed in Washington concerning jails. The Sheriff did not think they were going to run into any problems, this was just to show the Department of Corrections that they are moving in the direction of correcting the deficiencies at the jail. Sheriff Dobeck felt the jail should house them for another four or five years with the current renovation. After reviewing the matter at great length, it was determined that staff would respond to Carl W. Kirkland, of the Department of Corrections, advising him of the County's plans to correct the deficiencies at the jail. MAR 3 1982 23 � 1 MAR 3 1982 M 36 REQUEST FOR ADDITIONAL SPACE - SHERIFF'S OFFICE Sheriff Dobeck next discussed with the Board the need for additional space for the Investigation Division and suggested the School Board building at 19th Street. After taking a tour of this building, he noted that some painting would have to be done but no structural changes would have to be made in order for his department to utilize this space. Discussion ensued along those lines. On Motion made by Commissioner Fletcher, seconded by Commissioner Lyons, the Board unanimously directed the Administrator to inquire about the financial impact and feasibility of moving the Sheriff's Investigation Division into the School Board building'at 1426 19th Street, and that Commissioner Wodtke act as liaison in working with the School Board. ECONOMIC OPPORTUNITIES COUNCIL - APPOINTMENT The Board reviewed the following letter dated February 8, 1982: .Jy�1Y sF,� Economic Opportunities Council Of Indian River County, Inc. P. O. BOX 2766 VERO BEACH. FLORIDA 32960 TELEPHONE 562-4177 562-4178 February 8, 1982 Don C. Scurlock, Jr., Chairman Board of County Commissioners 2145 -, 14th Avenue Vero Beach, Florida 32960 Dear Mr. Scurlock; According to our records, Mr. Willie Adams, your Board appoint- ee to the Economic Opportunities Council of Indian River County Inc., Board of Directors has missed three (3) consecutive meet- ings without just cause. As stipulated in our By -Laws Article VI, Section I "any member of the Board who, without -lust cause, is absent from three (3) consecutive regularly scheduled meetings of the Board, as determined by the Board, shall no longer be a member of the Board." Mr. Harry Johnstone, City Personnel Director, has recommended Mrs. Carolyn Hayslip as a candidate to replace Mr. Willie Adams. If you concur with Mr. Johnstone's recommendation, please forward the necessary documentation to our office relative to Mrs. Hayslip's appointment. Sin6erely, %!9�� rg4ar"Yz4 bride, Chairperson, EOC ard of Directors The Board felt they would like to have a resume of Mrs. Carolyn Hayslip. On Motion by Commissioner Lyons, seconded by Commissioner Fletcher, the Board unanimously agreed that Mr. Johnstone should be thanked for his recommendation of Mrs. Carolyn Hayslip to be appointed to the Economic Opportunities Council, and to request her resume in order for the Board to review it by the next meeting. 25 MOK .49 PAGE J.1, MAR 3 1982 ST. EDWARD'S SCHOOL ENTRANCE - TRAFFIC CONDITIONS Administrator Nelson referred to the following memorandum dated February 22, 1982: TO: The Honorable Members of the DATE: February 22, 1982 FILE: Board of County Commissioners FR0M.Neil A. ' county 19 WE j SUBJECT: Request by St. Edwards Upper School _- for Consideration of Traffic Conditions at State Road A -1-A and School Entrance Nelson, REFERENCES: J. Dale Sorensen, Chairman, Board of Administrator Trustees, St. Edwards School to Chairman Don C. Scurlock, Jr. dated Feb. 8, 1952 DESCRIPTION AND CONDITIONS The Chairman of the Board of Trustees of the St. Edwards Upper School has requested on two occasions that the County investigate alleged hazardous traffic conditions at the school's entrance (246 State Road A -1-A). As a result of these requests, the County Traffic Engineering Division per- formed two field studies on Tuesday, November 10, 1981 and Friday, December 18, 1981. The results of those inspections concluded that existing traffic control appeared adequate ( copies of reports attached).. A reply was written to the school on November 17, 1981 relaying this conclusion. The Florida D.O.T. also, at the request of the County, investigated the area and no improvements were recommended. On December 14, 1981, a traffic accident occurred (report attached) at the School's entrance. This accident was the first accident reported in the past two (2) years at this location. The School Board of Trustees is requesting a hearing before the Board of County Commissioners to discuss the alleged hazardous conditions at the School's entrance onto A -1-A. ALTERNATIVES AND ANALYSIS In reviewing the subject condition, two alternatives are presented for consideration. Alternative No. 1 Since the existing traffic control does conform to Florida D.O.T. Standards (FTO-35 "School Entrance" both north and south of the sc}lool inter- section), traffic flow in the morning (Dec. 18, 1981) consists of app rox. 12 vehicles entering, and only one accident occurred at the site in 2 years( drix•er was cited for careless driving), one alternative would be to maintain the existing, traffic control in the area and take no further action. Since the entrance is within State right-of-way, all future inquiries should be forwarded to D.O.T. for their consideration. Alternative No. 2 Request permit from the Florida D.O.T. to allow the installation of a turning lane on North bound A -1-A. The estimated cost of this construction would be approximately $10,000. This cost should be borne by the benefitted property owner. The County could contribute Engineering and permitting fees as was done for the Vero Shores development. RECOMN ENDATIONS AND FUNDING Since the only accident on record for this intersection was due to careless driving, it is recommended that no improvements be funded by the County on State Road A -1-A. If funding by St. Edwards School is available, the County may donate the cost of Engineering and permitting for the construction of a turning lane. The estimated in-kind contribution for this service is approximately $1,000. Dale Sorensen, Chairman of the Board of Trustees of St. Edward's School, came before the Board to discuss the matter and felt that both improved signs and turning lanes would greatly alleviate the dangerous situation at this intersection. He added that their school serves 365 families and serves a useful function in the community. Mr. Sorensen then requested the Board's assistance in putting in a turning lane and improving the signs at the intersection. Engineer Phillip Lloyd, representing St. Edward's School, stated that the price for the deceleration and the left turning lane, obtained from Dickerson, Inc., was approximately $33,000. Lengthy discussion followed concerning the price of this project. Mr. Sorensen felt.it was in the best interest of the whole South County area to have this work done. The Chairman then asked Engineer Davis if he felt the work could be done for less than $33,000. Mr. Davis responded that he felt, based on past work done on U.S. #1, that it could cost between $16,000 to $33,000. Engineer Lloyd interjected that there was new criteria to be considered, and now the road must be resurfaced. Engineer Davis stated that he had not been aware of this. Commissioner Wodtke suggested looking into the possibility of a joint effort to get the work done. MAR 3 1982 MAR 31982 Motion was made by Commissioner Lyons, seconded by Commissioner Bird, that the Board work with the Board of Trustees of St. Edward's School in a cooperative effort, and to get cost estimates to fund the building of the deceleration lanes. Mr. Lloyd volunteered to do the engineering and the permitting for the project. Chairman Scurlock stated that he would investigate the matter and come back to the Board with recommendations. The Chairman called for the question. It was voted on and carried unanimously. STATUS REPORT ON 16TH STREET Engineer Davis stated that the 16th Street report is still being considered by the Transportation Planning Committee. There is no recommendation to be made to the Board at this time as they will be meeting next Tuesday, he reported. Brief discussion followed on the matter. Commissioner Fletcher hoped to receive some definite recommendations from the Committee at the March 9th meeting to present to the Board. HIDDEN HAMMOCK SUBDIVISION - PRELIMINARY PLAT APPROVAL REQUEST The Board next reviewed the following memorandum: TO The Honorable Board of County Commissioners DATE: February 22, 1982 FILE: SUBJECT: PRELIMINARY PLAT APPROVAL FOR HIDDEN HAMMOCK SUBDIVISION A FROM. •rei:1 Nelson REFERENCES. Letter from Kenneth W. County Administrator Damerow to Neil Nelson, dated February 12, 1982 DESCRIPTION AND CONDITIONS: The applicant is requesting Preliminary Plat Approval to divide ll.lo acres into 15 lots. The site is located on the south side of 12th Street, approximately 1/4 mile west of 43rd Avenue. LD -1 (up to 3 units/acre) is the land use classification and R-lA (4.1 units/acre) is the zoning of the proposed subdivision. Glendale Lakes, a 91 lot subdivision, is located to the south. Banvan Acres, a 4 lot subdivision and Kanawha Acres with 15 lots, is located to the west. Idlewild, with 80 lots, is located to the north and the property immediately east is presently zoned A -Agricultural. ANALYSIS: Ingress to the proposed subdivision will be via a currently exist- ing private drive. This drive does not comply with the County's Subdivision Ordinance and is not appropriate to serve the proposed subdivision for several reasons, including: 1. The pavement width is 18 feet, where 20 feet is required. 2. The pavement does not comply with D.O.T. Greenbook standards which, via Florida Statutes, establishes minimum geometric design standards for public roads and streets. 3. There is an existing residence approximately 10 feet from the proposed right-of-way. In the R-lA zone, the minimum front yard setback is 25 feet. 4. The curves have a radius which do not meet minimum standards. 5. Trees are growing' -in the proposed right-of-way. Many of these trees are -very close to the existing pavement and this creates a hazardous situation. Currently, lawsuits are pending in other counties due to trees acting as hazardous obstacles, close to the edge of pavement. The staff also requested a 15 foot right-of-way dedication on the south property line in order to create a 50 foot right-of-way. This would facilitate the development of a secondary road system. The Subdivision Ordinance in Section 22-54 A(4)(b), A(4)(c) and A(8) states: MAR 3 1982 29 Nox 49 PAA MAR 31982 A(4) (b) A(4) (c) Relation to Existing Street System: "The arrangement of streets in new subdivisions shall make provisions for proper extension of existing dedicated streets in existing subdivisions where such extension is appropriate." Provision for Platting Adjoining Unplatted Areas: "The arrangement of streets in new subdivisions shall be such as to facilitate, and coordinate with the desirable future platting of adjoining unplatted property of a similar character, and to provide for local circulation and convenient access to neighborhood facilities." I A(8) "Half streets.- New half or partial streets shall not be permitted except where essential to reasonable subdivision of a tract in conformance with this article or where satisfactory assurance for dedi- cation of the remaining part of the street is provided. Whenever a tract to be subdivided borders on an existing half or partial street, the other part of the street shall be dedicated within such tract." This requested right-of-way was not included on the Preliminary Plat. STAFF POSITION: Minimum standards set forth in the County's Subdivision Ordinance and the D:O.T. minimum standards should be maintained. These include: 1. Twenty feet of pavement and an unobstructed right-of-way. 2. A half -street on the south property line. 3. There is a structure on a proposed easement which should be removed prior to -approval. 4. The curves are not appropriately designed for resi- dential traffic. 5.. The proposed right-of-way coming within 10 feet of an existing structure, would create a setback violation. Staff recommends the Preliminary Plat Approval be denied. Engineer James Beindorf, representing the owner, Dr. Radin, approached the Board, and commented that Dr. Radin intends to have a private road through the subdivision. then briefly discussed the ordinance for private roads, and also referred to the D.O.T. Greenbook standards. He He added that his client had no desire to connect with 10th Street and felt there was no need to connect to any other streets. Mr. Beindorf commented that if a right-of-way was required, his client felt it should be in the form of an easement. Engineer Jim Davis reviewed the staff's position on the five items in the memorandum. He added that he tried to use a non -arbitrary standard, and used the D.O.T. Greenbook. Mr. Davis reported that the State Association of Counties recently made a statement that the Greenbook should not be used to do private subdivisions, and he agreed with this statement. However, he was not sure of the liability implications and Mr. Davis felt he needed some direction from the Board. Attorney Brandenburg interjected that the best suggestion would be for the County to adopt what they felt was safe, and then live with those standards. Commissioner Wodtke thought they needed to have some flexibility in a private subdivision and let it be known that the County would not be maintaining the private road - it would be the responsibility of the property owners in the subdivision that the road Would forever be their responsibility. Commissioner Bird stated he would be agreeable to accepting a variance and suggested the Attorney and the Engineer could come up with some sort of wording to put on the plat concerning the private road. Dennis Ragsdale, Planner, discussed the existing residence that was located 10' from the proposed right-of-way. Mr. Beindorf indicated that the owner planned to eventually demolish the structure in question. Mr. Ragsdale pointed.out that they would need a variance until the structure was demolished. MAR 3 1982 31 wK ent 1 �s MAR 31982 Lengthy discussion followed about filling in 5' on the north side of the pond where the right-of-way would be located. Mr. Beindorf explained that to do work such as this, a DER permit would have to be obtained - they felt this would be an undue burden. After a brief discussion concerning dedicating rights- of-way and easements, it was determined that a dedication of the road right-of-way could be a condition of the preliminary plat approval. Motion was made by Commissioner Lyons, seconded by Commissioner Fletcher, that the Board reject the preliminary plat approval on the basis that it does not include the required right-of-way on 10th Street. The Attorney stated the Board could approve it subject to the developer redoing the plat to show the right-of-way dedication. Commissioner Lyons withdrew his Motion, and Commissioner Fletcher withdrew his second. Motion was made by Commissioner Lyons, seconded by Commissioner Wodtke, that the Board approve the request for preliminary plat approval for Hidden Hammock Subdivision, with the understanding that the County would receive a 15' right-of-way on 10th Street; and that the existing structure would be removed prior to final plat approval. Commissioner Fletcher stated that, based on the same criteria that the density was too heavy, he would be voting in opposition. The Chairman called for the question. It was voted on and carried with a vote of 4 to 1, with Commissioner Fletcher voting in opposition. SOUTH COUNTY FIRE DISTRICT The Board of County Commissioner recessed at 11:50 o'clock A.M. in order that the District Board of the South County Fire Commissioners might convene. Those Minutes are being prepared separately. The Board of County Commissioners reconvened at 12:08 o'clock P.M. with the same members present. RESOLUTION HONORING DR. C. C. FLOOD Chairman Scurlock read aloud and then presented Resolution 82-32 honoring Dr. C. C. Flood. Resolution 82-32 will be made a part of the Minutes when received. —Sec' $k• 8 �G.4'�8� 33 I MAR 31992 The Board of County Commissioners thereupon recessed at 12:10 o'clock P.M. for lunch and reconvened at 1:40 o'clock P.M. ADDITIONS TO AGENDA Chairman Scurlock asked that Dr. Hardin's memo in regard to replacing carpet in the Courthouse as requested by Judge Stikelether be added to today's agenda. On Motion by Commissioner Lyons, seconded by Commissioner Bird, the Board unanimously added the emergency item re carpet replacement for the Judge to today's agenda. Chairman Scurlock reported that the Administrator also wished an emergency matter placed under his matters on the agenda. On Motion by Commissioner Lyons, seconded by Commissioner Bird, the Board unanimously added an item as requested by the Administrator. DISCUSSION RE DEFERRED PAYMENT FOR WATER & SEWER HOOK-UP It was noted that this item was put on the agenda by Utilities Director Liner, who was not present at this time. On Motion by Commissioner Lyons, seconded by Commissioner Bird, this item was deferred until Mr. Liner could be present at the meeting. RESOLUTION 82-36 - AD HOC SCENIC ROADS & TRAILS COMMITTEE On Motion by Commissioner Lyons, seconded by Commissioner Fletcher, the Board unanimously adopted Resolution 82-36 establishing an Ad Hoc "Scenic Roads and Trails Committee". 3= RESOLUTION NO. 82-36 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY; FLORIDA, ESTABLISHING AN AD HOC "SCENIC ROADS AND TRAILS COMMITTEE" FOR THE PURPOSE OF MAKING RECOMMENDATIONS FOR JUNGLE TRAIL. WHEREAS, the scenic river roadway known as JUNGLE TRAIL is an historic and natural phenomenon, increasingly rare in Florida; and WHEREAS, to better preserve the natural setting in which JUNGLE TRAIL exists, while securing the recreational and scenic utility of this public right of way, Indian River County desires to establish a committee of interested persons to examine alternatives and make recommendations concerning the use, maintenance, and improvement of the trail area; and WHEREAS, the following interested individuals have been recommended for appointment by the Board of County Commissioners to fulfill this important civic undertaking, within the parameters designated hereafter. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, that the foregoing recitals are hereby ratified and adopted, and further that: 1. DESIGNATION OF TITLE: There is hereby established the "Ad Hoc Scenic Roads and Trails Committee for Recommendations Concerning Jungle Trail," referred to hereafter as the "Scenic Roads and Trails Committee," or simply "The Committee." 2. COMMITTEE MEMBERSHIP: The following individuals are hereby appointed to serve at the pleasure of the Board of County Commissioners or until such time as the Board determines that the work of the Committee has been accomplished: 1. Mr. Harry Hauth 2. Mrs. Jeannette Lier 3. Mrs. Anne Michael 4. Mr. John Morrison 5. Mrs. Ruth Stanbridge, Chairperson 6. County Planning Department Representative, ex officio member only (to be designated by the Director of the Planning Department) MAR 31982 -1- a 49 exE '47 MAR 31992 3. SECRETARY, SUBCOMMITTEE APPOINTMENTS: The Chairperson is hereby authorized to appoint from the membership of the Committee a secretary for the keeping of minutes. The Chairperson is further authorized to establish necessary sub- committees and designate the membership thereof. At least one "Committee" member shall be appointed to any such subcommittee established. 4. INTENDED PURPOSES AND GOALS: The Committee shall proceed with all reasonable diligence and speed to conduct an examination of the status quo and prepare documented recommen- dations for consideration and possible adoption by the Board of County Commissioners, with respect to the following areas of con- cern: (a) The optimal physical limits of the trail, balancing the various competing interests involved. (b) Determination of areas to be subject to road main- tenance, if any. (c) Determination of areas to be subject to road improvements, if any. (d) Plans for protecting those portions of the trail adjacent to the river. (e) Plans for improvements on County owned property adjacent to the trail. (f) Methods of financing any of the above proposed improvements. (g) Methods of State or Federal protection that ;night be available for Jungle Trail. (h) Determination of appropriate marking of the area. (i) Desired rules and regulations governina use of the trail area. (j) Any other recommendation necessary and consistent for implementation of the foregoing. 5. COMMITTEE MEETINGS OPENED TO THE PUBLIC; QUORUM; REPORTS: Meetings of the full Committee shall be conducted in an informal yet orderly manner, in open public session, at such a�yail- able space as may designated by the County Administrator. A quorum of at least any four members shall be required to take formal action on Committee business. The Committee shall prepare and deliver its recommendations to the Board of County Commissioners at the first available regular meeting after work has been completed. Such recommendations shall be advisory in nature only. 6. REVISIONS, MODIFICATIONS, DELETIONS, DISSOLUTION: Revisions, modifications, or deletions of any of the provisions herein may be made only by resolution adopted by the Board of County Commissioners, with the exception of Committee dissolution, which may be by motion of the Board, at any regularly scheduled Board meeting. The foregoing resolution was offered by Commissioner Lyons who moved its adoption. The motion was seconded by Commissioner Fletcher, and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice -Chairman A. Grover Fletcher Aye Commissioner Patrick B. Lyons Aye Commissioner William C. Wodtke, Jr. Aye Commissioner Dick Bird Aye The Chairman thereupon declared the resolution duly passed and adopted this 3rd i);r,,, 4ar Attest:F,ght Clerk" 4'�.C? APPROVED/AS T%pi�? � AND LEGA SUFE C 11 By ;ARY ^ BRANDENB RG !ourvEy Attorne { day of March , 1982. BOARD OF COUNTY COMMISSIONERS OF IND AN RIVER COUNTY, FLORIDA By DON C . SCURL K. JR. Chairman -3- e©ax 9 PAE 49 MAR 3 1982 BUN 9 FxE PURCHASE OF LANIER WORD PROCESSOR FOR COUNTY ATTORNEY The Board reviewed Attorney Brandenburg's memo and recommendation re purchase of the Lanier Word Processor as follows: TO: Board of County DATE: February 25, 1982 FILE: Commissioners of Indian River County SUBJECT: Lanier "No Problem" Mord Processor --County Attorney's Office FROM: Gary M. Brandenburg REFERENCES: County Attorney The County Attorney's Office on December 16, 1981, entered into a sixty day trial program with the Lanier "No Problem" Word Processor. The Word Processor was delivered on January 15, 1982. The trial pericd ends March 16, 1982. During the trial paried we have compared this system with the IBM Word Processor now available and used by the County Commission and Clerk's Office and feel that the Lanier "No Problem" is_bptter suited to our particular needs. In most law offices each attorney will. be assigned a full-time secretary and other secretarial or clerical help will be available to handle scheduling, filing, receptionist and telephone answering duties. In the County Attorney's Office there is one full-time secretary performing all these functions fortwo full-time attorneys. Word processing equipment is essential to optimize the capabilities of both attorneys and the secretary. The cost of leasing the system 'for sixty days was as follows; Installation Training Support Service Ribbons Diskettes Total $575.00 of this amount of the system. $175. 00 250.00 125. 00 125.00 80. 00 70. 00 $825.00 to be credited There are two means to purchase the system: towards the purchase 1. Outright purchase of the system at a cost -of $13,972.00. This alternative would save the County $3,935.16 in interest payments. 1.1M 2. A lease purchase for three years at 9-1/2o interest. Monthly payments under such a lease purchase would 3= approach $500.00 per month bringing the total cost of the system over a three-year period to approximately $13,000.00. This method of purchase will involve the use of a third party, Municipal Leasinq Corporation, that will hold a security interest in the equipment. This alternative would spread the cost of the system over a three-year budget period. This writer recommends the outright purchase of the system out of the Administrative Building Furnishinq Account No. 10222051956.41. Respectfully submitted, .[-' ' , ryI. z Bratidenb rq Cour y Attorney i GMB/mg Chairman Scurlock inquired whether there are adequate funds available in the building account to cover this purchase. Intergovernmental Coordinator Thomas stated that right at this time there are not. He noted that when the portion of these funds that were loaned by Federal Revenue Sharing were returned to that account, the Commission set up a $50,000 building account, and at the same time, Finance Officer Barton took $47,554 from the same transfer and set this up as a contingency in the Federal Revenue Sharing account; those funds would be available for this purchase. Since we have used the $50,000 for furnishings, etc., Mr. Thomas felt if the Board would authorize them to purchase the equipment for the County Attorney's office, they could come back with some alternatives for funding; they could earmark the money; and then he and Finance Director Barton could come back with a report on what is going to be required over the next 3 to 6 months for the buildings, grounds, etc. He noted there could be a choice of whether to go directly to the bond funds or the contingency that has been set up, but pointed out that the bonds funds have been prudently invested by the Finance Director. 39 BOOK 49 PAGE 5 9 *E 52 MAR 31982 Chairman Scurlock felt it is better re net gain to keep the funds invested. Coordinator Thomas agreed, noting that last year, we averaged better than 170, he commented that we may well want to consider more extensive leasing as part of our budget this coming year. Commissioner Lyons did not feel we should authorize the purchase unless we can put it in a specific account, but Attorney Brandenburg pointed out that the lease on the equipment expires prior to the next regular meeting. Motion was made by Commissioner Lyons, seconded by Commissioner Bird, to purchase the Lanier "No Problem" Word Processor for the County Attorney's office and that it be funded as recommended by Mr. Thomas and Mr. Barton. Commissioner Wodtke envisioned that due to the length of today's agenda, there will be a Board meeting again next Wednesday, and he asked if the Commission at this time could just indicate that we will purchase the equipment requested. Commissioner Lyons withdrew his Motion and Commissioner Bird withdrew his second. In further discussion, the Board indicated that they do approve the purchase requested by the Attorney, and they will decide on the funding next Wednesday. On Motion by Commissioner Lyons, seconded by Commissioner Fletcher, the Board unanimously continued the above matter to Wednesday, March 10th. CONTINUE DISCUSSION RE DEFERRED, PAYMENT FOR WATER & SEWER HOOK-UP Utility Director Liner informed the Board that the County's easy payment plan for impact fees ended about last December, and thirty-seven people took advantage of that type of payment arrangement. Mr. Liner reported that he now has a list of seventeen additional residents who would like the same privilege, and he would like to suggest that the easy payment plan be reopened for a certain period of time to allow these people to hook up. He noted that most of the people concerned are in the Gifford area, with just a few being from the South County area. Commissioner Bird inquired about collection. problems, and Mr. Liner reported that out of the 37, only six, who are presently unemployed, are behind on payments on contract fees; they have been paying their 'service bills, but are behind in contract fees. Mr. Liner continued that these people were offered a choice of 18 or 24 months to pay; and there is no interest, but there is a loo handling charge because these payments are handled on a manual basis. Commissioner Wodtke asked what time period Mr. Liner would suggest for reopening the easy payment plan, and Mr. Liner felt a two month period would be sufficient. He noted that if his staff gets to a point where they have more than sixty people on this arrangement, it will become a paperwork nightmare. Motion was made by Commissioner Wodtke, seconded by Commissioner Lyons, to accept the recommendation of Utility Director Liner and start a sixty-day period effective today for the program of deferred payments for water and sewer hook-up with the same guidelines as previously used. Commissioner Fletcher 'stated that he planned to vote against the Motion because he doubted the Board would be willing to allow deferred payments on ad valorem taxes, and it was noted that the Board does not have that authority. The Chairman called for the question. It was voted on and carried 4 to 1 with Commissioner Fletcher voting in opposition. APPLICATION BY GENERAL DEVELOPMENT UTILITIES FOR INDUSTRIAL DEVELOPMENT BONDS The Board reviewed the following memo from Attorney Brandenburg: 41 MAR 31982 TO: Chairman and Members of the Board of County Commissioners of Indian River County WM : 9 ME DATE: FILE: February 25, 1982 SUBJECT: Application of General Development Utilities, Inc.' For the Issuance by Indian River County of $4,024,000 of Industrial Development Bonds FROM: Gary M. Brandenburg REFERENCES: County Attorney On December 16, 1981, representatives of General Development Corporation appeared before the Board of County Commissioners and indicated their desire to construct a water and sewer -system with the proceeds of an Industrial Development Bond Issue. At that meeting the County Commission approved a new application form and administrative fee to be used with all future requests for Industrial Development Bonds. General Development Utilities has submitted the appropriate administrative fee and has followed the format of the new application form approved by the County Commission. The request has now been modified to include only the wast` water collection and treatment plant. The request is for issuance by Indian River County of $4,024,000.00 of Industrial Development Bonds. The bond proceeds will be used to pay the cost of constructing a waste water treatment plant with a rated capacity of .25 million gallons per day and a waste water collection system. The assets of the proposed project would be pledged as collateral for the issue, and General Development, Inc. will act as guarantor. The corporation currently plans for the private placement of the bonds. This type of a bond issue and intended use of funds is within the parameters set by the Florida Constitution and Florida Statutes for the issuance of Industrial Development Bonds by counties. I do not foresee -any legal difficulties with this type of an issue. Attached to this short memorandum is a copy of the application sub- mitted by the corporation. Also available in the County Attorney's Office, but too lengthy for inclusion in this package, are; 1. General Developmient_Cornoration and Subsidiaries Consolidated Financial Statements December 31, 1980 and 1979. 2. General Development Corporation and Subsidiaries Consolidated Financial Statements -December 31, 1979 and 1978. 3. General Development Corporation and Subsidiaries Consolidated Financial Statements December 31, 1978 and 1977. 4. General Development Utilities, Inc. Financial Statements and Schedules December 31, 1978. 5. General Development Utilities, Inc. Financial Statements and Schedules December 31, 1979. 6. General Development Utilities, Inc. Financial Statements and Schedules December 31, 1980. � � r � � r Industrial Development Bond financing by a county provides a mecha- nism where local government can provide an incentive and attempt to lure the type of industry the local government feels is appropriate and in the best interest of the community. An initial determina- tion should be made by the Board of County Commissioners that a given project falls within the framework of those types of activi- ties which the County desires to lure and promote within the County. If the Board of County Commissioners desires to pursue the issuance Of bonds to fulfill the requests submitted by General Development Utilities, Inc., this writer would request your approval to execute a standard fee arrangement with bond counsel, (Freeman, Richardson, Watson & Kelly), all fees to be paid by the applicant, and to pre- pare and present the necessary inducement resolutions, memorandums of agreement, and financing arrangements to accomplish the bond issue. Respe�tfu ty submitted, ?r i• M. Brand n'burg /� my Attorn .y Charles Fancher, Assistant Vice President of General Development Utilities, Inc., and Attorney Patricia Wheeler, acting for General Development Utilities as an expert in the field of tax exempt securities, were present. Mr. Fancher informed the Board that the funds would be used for expansion of their waste water facility and construction of the collection mains and force mains to collect the sewerage from the development in certain areas of Vero Beach Highlands and also for treatment of that sewerage. He stated that the practical effect of the request being made is to provide a means to finance the cost of those facilities at a rate lower than would otherwise be required if no tax exempt status were applied to the bonds, and this lower rate would flow through to the benefit of all the customers of the utility system. Chairman Scurlock found the provision that General Development chooses to use their own bond counsel for this issue unacceptable, and questioned the actual benefit to the public when ultimately the government has to make up the difference from the taxes lost due to the tax exempt status of the bonds. MAR 3 1982 4319 � 1 MAR 3 1982 Mr. Fancher noted that as the development grows, there will be a substantial amount of subcontracting done by local contractors, and also as the new facility expands, there will be a need to have a line crew involved for the on-going maintenance. In further discussion, Commissioner Lyons felt that General Development does fulfill a need in providing the Countv with medium cost housing. Commissioner Wodtke concurred and noted that General Development does have a fine track record. His main concern was effectively providing controls in the documents to be able to trace these dollars to make sure they are not utilized for any purpose other than expansion of this particular water and sewer system. Mr. Fancher stated they intend to trace the funds to individual work orders to relate to work done in the specific areas we are talking about, and it will not be a pool of funds concept. He informed the Board that the key to their moving ahead with their project and maintaining the tax exempt status is for the Commission to approve the Inducement Resolution, after which they still would have to place the bonds. Chairman Scurlock noted that the present franchise does not have any requirement for a franchise fee, which would help alleviate the burden placed on the county for the monitoring of the franchise operation, etc. Mr. Fancher stated that General Development Utilities would be willing to enter into a franchise fee. Attorney Patricia Wheeler took the floor. She commented that under federal law the specific issue as to whether or not the corporation may invest the funds in arbitrage earnings must be taken into consideration and anything earned must go into the project. If any funds are left over, they must be used to retire the bonds; there will 44 � s � be a very specific flow of funds that will be set out in the bond documents. As to what benefit the county might receive from this when in the end the government absorbs the tax exempt status, Ms. Wheeler felt that the Board must consider that the Constitution and Statutes give them the authority to issues such bonds for particular benefits, with specific reference to pollution control projects. Chairman Scurlock wished to be assured that none of these funds would be used to bring the present facility into conformance with any possible violations of DER standards, and Attorney Wheeler stated that these funds cannot be used for unrelated projects. She informed the Board that although her firm was hired by General Development Utilities to structure this bond issue, she realized that the County may desire their own bond counsel. Attorney Wheeler felt the Commission should be aware that in conduit financing the interests of the industry and the interests of the county are close, if not identical, because the interests both share is to be sure the corporation is 100% responsible for the bonds and the county is not responsible at all. Commissioner Fletcher stated that he could see the advantage to General Development to finance their expansion with tax free bonds, but he did not believe this was the intent of the Legislature, and he further was not in favor of giving this particular company an edge in competition with other housing. Attorney Wheeler pointed out that under the Constitu- tion, a lot of projects now qualify for industrial bond issues that did not before, but pollution control facilities always have been a qualified project. Commissioner Wodtke spoke in favor of the Commission considering General Development's request, both because the type of homes they provide are needed in this county and MAR 31982 45 NOK 9 - ME 57 MAR 3 1982 19 mf because he believed that it will benefit the existing residents in the long run. Motion was made by Commissioner Lyons to authorize the Chairman and Attorney Brandenburg to meet with representa- tives of General Development Utilities and come back with a recommendation as to the Inducement Resolution. Attorney Wheeler explained that the Inducement Resolution indicates intent to move forward but reserves options not to proceed if you do not choose to do so. It will also specify that any cost of the issue will be borne by the corporation and not the county. She informed the Board that they have a draft of a resolution that the Commission might want to consider, and of the County does wish to retain further counsel, it should not be necessary to pay them to redo the work that has been done already. Attorney Brandenburg noted that the Commission is the issuing authority, and the Inducement Resolution, financing arrangements, etc., should be worked out by their counsel to protect the county's interests all the way down the line rather than relying on the counsel who has been retained by the corporation making the request. He did agree since it appears that much of this work already has been done, there may be reduced fees, but emphasized that the county should have their own bond counsel. Chairman Scurlock was in favor of accepting the recommendation of the County Attorney in regard to having our own bond counsel review these documents. Discussion followed as to retaining the firm of Freeman, Richardson, Watson & Kelly, which firm has worked with the county on other bond issues. Attorney Wheeler stated that her firm has worked with Freeman, Richardson, Watson & Kelly in the past, and they would be happy to again. It was noted that the Motion made by Commissioner Lyons had died for lack of a second. On Motion by Commissioner Bird, seconded by Commissioner Lyons, the Board by a 4 to 1 vote, Commissioner Fletcher voting in opposition, authorized the County Attorney to contact Freeman, Richardson, Watson & Kelly re fee arrangements to review documents of the proposed General Development Utilities industrial bond issue, and further authorized the Chairman and the County Attorney to contact General Development Utilities in regard to the other matters reviewed today concerning their franchise. REQUEST FOR WORKSHOP RE CABLE TV LICENSING ORDINANCE The Board reviewed the following memo from Attorney Brandenburg: TO:Chairman and Members ®ATE• February 25, 1982 FILE: of the Board of County Commissioners of Indian River County SUBJECT: Cable TV Licensing ordinance - Request for Workshop FROM: Gary M. Brandenburg REFERENCES: County Attorney Attached to this memorandum please find a draft of a proposed Cable Television Licensing Ordinance. I have distributed conies of the proposal for comment to the various County departments as well as the two'cable television companies operating in Indian River County. I am awaiting their comments and suaaestions for inborpor- ation into the body of the Ordinance. Muting dates are being established for in-depth discussions of the Ordinance with the two cable television companies. The Ordinance is lengthy consisting of twenty-four nacres with thirty-six substantive sections. This writer recommends that the County Commission schedule a workshop session to discuss the Ordinance in detail. Reso u y Titted, r Ar y M. Branden urg Discussion ensued as to a time to have the recommended workshop, and Commissioner Lyons suggested the following Wednesday afternoon as today's agenda undoubtedly will be MAR 3 1982 47 Qo 9 -PAE �9 carried over to that morning. Commissioner Wodtke felt it had been previously agreed that workshops would be held in the evenings. Attorney Brandenburg reported that he only had been able to meet with one of the cable TV companies so far and he would appreciate a few more weeks. On Motion by Commissioner Bird, seconded by Commissioner Wodtke, the Board unanimously accepted the recommendation of the County Attorney and directed Attorney Brandenburg and the Chairman to coordinate a date for a workshop. DISCUSSION RE PURCHASE OF IXORA AND TREASURE COAST UTILITIES Alternatives re the above purchases are presented in the Administrator's memo as follows: TO: The Honorable Board of County Commissioners FROM:veil A. Nelson County Administrator Description & Conditions DATE: February 23, 1982 FILE: SUBJECT: Purchase of Ixora and Treasure Coast Utilities Use of Remaining FmHA Obligated Water Monies REFERENCES: Under prior authorization from the Board, the Farmers Home Administration was contacted regarding the feasibility of loans to purchase and improve Treasure Coast Utilities and Ixora Utilities (see letter Nelson to Hudnell dated January 14, 1982). Further, the Board authorized our consulting engineers to prepare an application for subsequent loans. During the development of the application and supporting data, discussions were held with County Staff regarding acquisition of loan funds to cover the approximate $426,000 short fall for the Phase I South County Water System now under construction. The opinion of County Staff and our consultants was the timing for reim- bursement to cover the short fall was good. Further discussions were held with FmHA regarding inclusion of the short fall in the application. FmHA indicated acceptance. Also during the data preparation process, it was determined the County has commitments to serve 59151 connections when the water plant begins operation in October, 1982. This does not include the commitment to serve the South Beach. The water plant was designed to supply water to 5,000 connections. It was the opinion of the County Staff an expansion of the water plant and well field was required. As there is additional FmHA 5% water monies, it was felt it would be appropriate to expand the application to include a plant expansion. A 1.25 MGD expansion of the treatment equipment combination of equipment and storage expan- sions could be accomplished with the remaining monies. FmHA was, again, contacted for concurrence with an expanded loan application to utilize all remaining water loan monies. Furthermore, FmHA stated verbally the expanded application would not delay the issuance of a "Letter of Conditions" for loan monies to purchase Ixora and Treasure Coast Utilities. FmHA indicated approximately three weeks would be required to issue the Letter of Conditions. Alternatives and Analysis The alternatives available for utilization of loan funds to purchase and make improvements to Treasure Coast and Ixora Utilities are as follows: Alternative 1 Submit application for purchase and improvements for Treasure Coast and Ixora Utilities only. Advantages - A. Accomplished Board's original intent to acquire the Utilities. Disadvantages - A. Will require separate submittal of another application to expand the water plant. B. Will require separate bond validation including expenses. Alternative 2 Submit expanded application to include $426,000 short fall and the plant expansion. Advantages - A. Minimizes bond validation time requirements for separate issues and minimizes bond expenses. B. Will allow for a timely increase in plant capacity for South Beach and other reserve connections. C. Will not delay application process or "Letter of Conditions". Disadvantages - A. Requires a commitment to repay subsequent loans. Recommendation & Funding It is the recommendation of County Staff and consulting engineer Alternative 2 be selected to acquire the necessary funds to meet the County's commitment to provide water service and to acquire Treasure Coast and Ixora Utilities. Further, enclosed for the Board's review is a draft letter from Sverdruo & Parcel and Associates, Inc. to Mr. Charlie B. Hudnell with FmHA. Attached to the letter is an expanded application complete with supporting data which justifies the request for additional water monies. Funding for the improvements outlined would. be from FmHA loan funds. Ultimate repayment of permanent water revenue bonds would be from the sale of water and sewer service. Refer to Attachment III for the Economic Feasibility Analysis. Also, it is recommended the County Administrator be authorized to sign the application. Furthermore, it is recommended our consultant submit and follow-up on the attached application to ensure an expedient processing of the application. MAR 3 1982 49 9 PAE s�.'' MAR 31982 Attorney Brandenburg reported that on February 25th representatives of the county met with representatives of the DER to discuss the possibility of the County acquiring Treasure Coast Utilities, as well as Ixora Utilities, and submitting a timetable to bring these systems into compliance. The purpose of the meeting was to obtain a consent order that if we should purchase those two systems, the DER would not immediately bring action against the county as the new owner to comply. The DER was very amenable to the presentation and indicated they would work with the county as much as they possibly could. They requested that we submit to them a Board approved implementation schedule and timetable to form the basis for a formal consent order. Attorney Brandenburg commented that he asked Engineer John Robbins to present a broad-based implementation schedule, and that is what has been submitted to the Board as follows: PROPOSED IMPLEMENTATION SCHEDULE TO ACQUIRE AND IMPROVE TREASURE COAST UTILITIES AND IXORA UTILITIES "March 3, 1982 TASK 1. County to Receive Assurance of Funding from Farmers Home Administration 2. County to Acquire Treasure Coast and Ixora Utilities 3. County to Authorize Design of Required Improvements 4. County to Advertise for Receipt of Bids for Required Improvements 5. County to Receive Bids and Award Contracts for Required Improvements 6. Completion and Certification of Construction of Required Improvements 50 PROJECTED DATE March 1982 April 1982 April 1982 August 1982 October 1982 October 1983 On Motion by Commissioner Lyons, seconded by Commissioner Bird, the Board by a 4 to 1 vote, Commissioner Fletcher voting in opposition, adopted the proposed implementation schedule of March 3, 1982. Administrator Nelson discussed the funds needed for the purchase of both Ixora and Treasure Coast Utilities as well as for the shortfall in the South County area where the number of customers has jumped from 2,800 to about 5,000, and recommended asking FmHA for the entire 1.25 million we have remaining. He noted this would minimize bond validation time and expenses, allow for a timely increase in South Beach capacity, and further it would not delay issuance of the Letter of Conditions. Mr. Nelson reported that we have had a fairly good indication from FmHA that they will give us this amount, and he recommended that the Board accept Alternative 2. Commissioner Fletcher discussed the number of people this facility will serve ultimately and contended we would be spending 8.5 million to service 5,000 customers. It was pointed out that we are also connecting Vista Royale to this system so that the number of people would be closer to 12,000 than 5,000. Coordinator Thomas noted that you cannot pin down an exact figure because oversized lines have been included to anticipate future growth, and, therefore, basing it on the current number of customers would not be a fair representa- tion. It was further noted that the system is designed for peak demand and not average flow. Motion was made by Commissioner Lyons, seconded by Commissioner Wodtke, to accept Alternative 2 of the Administrator's memo of February 23rd and authorize the Chairman to sign the necessary documents. Commissioner Lyons had a question on the application for federal assistance, noting that it does not specifically MAR 319$2 51 ox 6 MAR 3 19 82 ux -49 E 64 mention Treasure Coast Utilities. Coordinator Thomas informed him that is an error, and it is being corrected. Commissioner Bird raised questions about the people with service agreements who intend to hook on and noted that he did not want to build a plant that can accommodate 5,000 if we have 1,000 who may or may not hook on at their pleasure. He also asked about requiring people to hook on and stop using their own plants. It was noted that the bond covenants require people to come on within a certain radius and also that we have a provision in our franchises and have negotiated with Vista Royale to agree that when we have the water available they will come onto our system. Commissioner Wodtke believed the figure used in the rate structure represented those that we have the ability to turn on tomorrow. The Chairman called for the question on the Motion to accept Alternative 2. It was voted on and carried 4 to 1 with Commissioner Fletcher voting in opposition. MASTER BOND RESOLUTION RESTRUCTURING WATER AND SEWER T T%TT 1. T/1 -1 - Attorney Brandenburg referred to his memo of Febru- ary 25, 1982, re status of the negotiations with Treasure Coast Utilities and Ixora• Utilties, and fee of Bond Counsel, which is as follows: TO: Chairman and Members DATE: February 25, 1982 FILE: of the Board of County Commissioners of Indian River County SUBJECT: $2,600,000.00 Indian River County, Florida, Water and Sewer Revenue Bonds Series 1982; Farmers Home Loan FROM: Cary M. Brandenburg REFERENCES: County Attorney County staff is currently negotiating with Treasure Coast Utilities, Inc., and Ixora Utilities, Inc. for the acquisition of both the water and sewer systems of each utility. The status of the negotiations are as follows; 1. The County Attorney has prepared a draft of a contract for the acquisition of Treasure Coast Utilities (copy attached for your review). The draft has been submitted to and received by Mr. Salter's attorney, Randolph Lipscomb. Mr. Lipscomb will now consult with his client and respond with his concerns and suggested amendments. Mr. Lipscomb has been notified that the County wishes to proceed with this acquisition as soon as possible. The proposed contract; (a) is contingent upon'receipt of a letter of conditions from the Farmers Home Loan Administration, (b) contingent upon obtaining an appropriate consent order from the Department of Environmental'Regulation and (c) the contract provides for closing within sixty days of execution of the document. 2. This writer, Commissioner Scurlock and Neil Nelson met with Mr. Bogosian, attorney for Ixora Utilities, Inc. on Wednesday, February 24, 1982, for the purpose of final- izing an acceptable acquisition method (copy of contract attached). The draft agreement Provides; (a) that the acquisition is contingent upon Farmers Home Loan Administration's issuance of a letter of condition satisfactory to.the County, (b) contingent upon obtaining an appropriate consent order..from the Department of Environmental Regulation, (c) provides for the County's takeover of the system at the next billing cycle after receipt of the letter of conditions from Farmers Home Loan Administration, and (d) provides for payment of the purchase price within 120 days of takeover, and (e) if payment is not made within 120 days of takeover the obligation will bear interest at a rate established at two points below prime rate then prevailing. Also attached to this memorandum is a letter from Jud Freeman, bond counsel for.the County, setting forth the basis for charging fees with respect to the following financing; A. For the issuance of $2,600,000.00 in water revenue bonds to purchase Ixora and Treasure Coast Utilities, upgrade the two systems to DER standards, finance $426,000.00 cost overrun on the South County project and construct two new wells. MAR 31982 53 mox 49 PAE B. For combining all its water and sewer systems into one integrated system requiring changes in bond resolution documentation for the outstanding Water and Sewer Revenue Bonds Series 1979; Water and Sewer. Revenue Bonds Second Series 1979; Water Revenue Bonds, series 1980 (South. County system) and all necessary anticipation notes of the County. This writer agrees that the procedure envisioned in Item B above would be in the County's best interest in reducing a cumbersome accounting system that has developed because of several individual bond issues or acquisitions. However, I am concerned that the restructuring of the outstanding obligations may delay financing of the two new acquisitions. For this reason, I recommend that the County proceed with the financing/refinancing package, monitor its progress and, if it appears that the addition of Item B refinancing work will delay acquisition of the two new utilities, then proceed only with Item A financing. Respectfully submitted, X � Gary M. Brandenburg County Attorney Attorney Brandenburg informed the Board that what they are presenting today is that we not only go out for 2.6 million for the two plants, but at the same time work on preparing a Master Bond Resolution to restructure all the financing we have out with FmHA for the water and sewer obligation, which would put an end to separate accounting and separate tracking of funds and monies for the various bond operations. He noted that since the county has done this in separate steps,these all have required separate bond issues which makes a real accounting problem. He explained that this would not affect the bond rates or the interest and no validation would be required; this would just be a master bond resolution restructuring that would be acceptable to FmHA. Coordinator Thomas commented that it is only now that FmHA has agreed to this, or staff would have recommended such a restructuring sooner. Commissioner Fletcher felt when we went into the water and sewer business, we were doing it for the benefit of those areas that had a problem, and he was concerned that the road we are on will turn into something other than that. He noted that we have a South County Water Taxing District, plus the Gifford system and other systems that will be financed under this umbrella and asked if there will be a need to change the ordinance creating these entities. Attorney Brandenburg did not believe there are any taxing districts involved. He noted that the users pay for the system each month when they pay their utility bill, and we now want these bills all to go into one big hopper. Commissioner Wodtke stated that a South County Water Taxing District was set up when we wanted to formulate plans and find alternatives. We did levy a small tax for those particular studies, but from that point on there has been no additional taxation. Attorney Brandenburg commented that he was not aware of that District's existence, but, in any event, it is not connected with any of these purchases. Commissioner Lyons asked if the consolidation agreement will be broad enough to include financing of a future North County water system, and Attorney Brandenburg pointed out that when the Board starts to head north, they will have used up -all the monies obligated under FmHA, so, that would have to be a special package unless FmHA provided more money. Discussion continued about the vacant areas that will be developed in the future, and it was felt as new construction occurs, we will have impact fees, etc., to help expand. On Motion made by Commissioner Lyons, seconded by Commissioner Wodtke, the Board by a 4 to 1 vote, Commissioner Fletcher voting in opposition, authorized the Attorney to arrange for consolidation of all the utility systems as discussed and to negotiate with Bond Counsel. MAR 31982 55 ox 49 67 � - J 49 1 MAR 3 1992 PUBLIC HEARING - APPEAL NEW 100 YEAR FLOOD ELEVATIONS The hour of 3:00 o'clock P.M. having passed, the Deputy clerk read the following Notice with Proof of Publication attached, to -wit: VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA S,�f^rr rye on:<-r.tont ? authirity personally appeared J. J. Schumann, Jr. who on oath says rear *e .s F.u.in.•S, `.:,v .,{;rr t t—, Vero Beach Press -Journal, a weekly newspaper published at Vero Eeav, ,•i ;,an C :urty, rionda; that the attached copy of advertisement, being a l I F�� T in :ne matter of In '"e Court, was pub- lished in ;aid news, p<:r ,n rhe issues of ,� • ��f 7 0yCJ Aff,ant furti•er •,, tiar the said Vero Beach Press -Journal is a newspaper published at Vero Beach, .n _ .'I !nd,an Pxo. r County, and that the said newspaper has heretofore been ccnrinunu,'p rubl"hcd in _aid Indian River County, Florida, weekly and has been entered as second class r,.i . r,.atter at 1hC post office in Vero Beach, in said Indian River County, Florida for a period or , ;,e.tr r.e>,t preceeding the first publication of the attached copy of adver- tisement; and at t,!nr furtnor says that he has neither paid nor promised any person, firm or corporation anv .i; ccunt, rebate, commission or refund for the purpose of securing this adver- tisement for pub: cation in the said newspaper. �1 Sworn to and ;ublcribcd t,efcre m,2 this day of,.4i_ A. D. Manager) (SEAL) (Clerk of the Circuit Cou%%Indian River County, Florida) memo: NOTICE NOTICE IS HEREBY GIVEN thatthe Board of County Commissioners of Indian River County, Florida, will hold a public hearing in order to hear appeals of the proposed 100 year flood elevations established by the Federal Emergency Management Agency. Paand-citizens shall have the opportunity to be heard by the Board of County Commissioners of .Indian River County, Florida, in the County Commission Chambers of the County Administration Building located at 1840 25th Street, Vero Beach, Florida on Wednesday, March 3, 1982 at 3:00 P.M. . . Maps . of the proposed 100 year flood elevations are available for inspection in the Planning and Zoning Department located at 1840 25th Street, Vero Beach, Florida. If any person decides to appeal any decision made on the above matter, he will need a record of the proceedings, and for such pur- poses, he may need to insure that a verbatim recdrd of the ,proceedings is made, which in- cludes testimony and evidence_ upon which the appeal is based. Board of County Commissioners of Indian River County Florida By: Doug C. Scurlock Jr., Chairman Feb. 24, 1982. Senior Planner Art Challacombe reviewed the following TO: The Honorable Board of County Commissioners DATE: February 24, 1982 FILE: SUBJECT: PROPOSED 100 YEAR FLOOD ELEVATION APPEALS FROM:, Neil Nelson REFERENCES: County Administrator DESCRIPTION AND CONDITIONS: The staff has carried out actions which were approved in the County Commission meeting of January 13, 1982. In the County Commission public workshop of February 10, 1982, the staff was directed to make the public aware of the proposed maps and to have them avail able for inspection. The scheduling of a press conference on February 12, 1982, plus appearing on WTTB's Open House radio pro- gram on February 23, 1982, has informed many -County residents of what is being proposed and how to appeal the proposals. Response to these and other press coverage has been moderate. Several local engineers and surveyors have also taken the opportun- ity to examine and reproduce the proposed maps. Each of these engineers was asked to make comments concerning the maps; as of this date, no comments have been received. ANALYSIS! The. County Commission should hear any appeals which are supported by scientific or technical data. The appeals should be reviewed and consolidated and a determination should be made stating whether the evidence presented is sufficient to justify an official appeal on behalf of individuals by the County. RECOMMENDATION: The staff recommends: 1. The public hearing be conducted in the following format: A) Public presentation of appeals. B) County Commission's consideration of appeals. C) Decision on whether appeals will be in the name of the County or individuals. 2. The staff be authorized to forward the appeals and accompanying information to the Federal Emergency Management Agency. Pyr. Challacombe emphasized that the Planning & Zoning staff has attempted to make the public aware of the seriousness of the issue. He informed the Board that staff MAR 3 1982 57 '"log 49 69. I MAR 3192 140K 19 PnE .70, also reviewed the 1' contour elevations and in comparing them with the flood maps, they found some inconsistencies and outright mistakes. Mr. Challacombe continued that the 1' contour maps available, however, cover only a very limited area, mainly within the City of Vero Beach around the hospital and Country Club Pointe area, and these were only spot checked; they, therefore, did not collect all the inconsistencies which might have occurred. Commissioner Bird asked whether they have found a sufficient amount of inconsistencies in these areas to lead them to believe these inconsistencies would occur on a large scale throughout the County, and Mr. Challacombe felt they had. The Chairman asked if anyone present wished to be heard. Anna Brogan of 1092 SW 23rd Place, Vero Beach Highlands, came before the Board. She informed the Board that she and her husband formerly owned 162' across from a canal on a cul de sac and their flood insurance down on that property was $95.00; now that they live up in Vero Beach Highlands their flood insurance has almost doubled. Mr. Brogan confirmed that when they lived in Sunrise Subdivi- sion, which is a development on much lower property, their flood insurance was much less. Insurance agent, Allen Jackson, explained 'to the Brogans that possibly they had different coverage and also noted that the rate relates to elevations and zones, i.e., 100 year flood zone or 500 year flood zone, and Zones A-8, B or C, etc. He commented that in his subdivision, they are making some areas Zone B (a lesser flood zone area) as opposed to Zone A-8, which is not doing anybody any favors since the premium per hundred is going to double by going from Zone A-8 to Zone B. This, also, is not particularly consistent with the maps when the house is the same house. Mr. Jackson believed that what the government needs to do is to differentiate premiums for the various zones. He noted that the way it is set up now, if you lived in Country Club Pointe where Mrs. Ann Robinson does, under the new maps you would be a Zone B, and you would have exactly the same premium as the Brogans are charged in Zone C although they are located about 22' above sea level, and Mrs. Robinson's property is about 5' above sea level. Senior Planner Challacombe commented that they have found that some of the spots of Zone B indicated within subdivisions were homes whose fill requirements resulted in raising them to a certain elevation. Chairman Scurlock felt we may need to get professionals to give us comment about the inadequacies and inconsistencies, etc., so that we can make a qualified comment as he did not feel we had anyone on our staff with the necessary capabilities. Michael Rose came before the Board representing John's Island community. He noted that on a map of the Indian River Shores area there is a strip along the ocean marked in some locations as Zone A-10, with an elevation of 91, and also as Zone B-12 with an elevation of 11". Mr. Rose assumed that is the beach, and that everything west of that blue line, being Zone C, is the actual building site and well behind the 100' coastal construction setback. He asked if that is the understanding as far as the county is concerned. Planner Ragsdale stated that, according to the scale on the County maps, the A zone on the beach side does not encroach upon the Coastal Construction setback line. In further discussion, it was agreed that the A-10 and B-1� zones shown actually are the beach on which we walk. MAR 3 1982 59 �90R 49 PACE 71 @OOK 49 PAE 7 After a brief recess, Wayne Jerome William White came before the Board, made a few incoherent statements, and was led out by Bailiff Fleischman. Commissioner Bird asked Mr. Rose if his map was accurate, and Mr. Rose stated that for areas of John's Island it is accurate; although, they have changed the elevation along the riverside. He stated he was here today because this affects all the beachfront in the county, and he could work with Mr. Ragsdale on this if desired. Ann Robinson of 3008 Nassau Drive next came before the Board and stated that she objected, as a citizen, having to come here today with technical data to protect herself against something the federal government is doing which is wrong. She displayed a map borrowed from City Hall, showing her property to be in the 10 year flood area, which obviously would fall in the 100 year flood zone, but according to the new map, it would be in the 500 year flood zone. Mrs. Robinson noted that, as Mr. Jackson explained to the Board, due to the peculiar way the government arrived at the rate structure, because they are higher in elevation, their rates would go up in spite of the fact that they are still in the same place they always have been. She continued that the new flood map, which all of a sudden puts her in Zone B, also shows the houses as being lower than the street on Calcutta Drive. Mrs. Robinson stated that her survey shows her elevation to be 5' with the streets about 3' in elevation. She further reported that John Beidler, head of Mosquito Control, did elevations in her neighborhood, as well as of the mosquito impoundment, and the intersection of Golf View and Par Drive is 3.21. Mrs. Robinson stressed that this is a critical matter to her and her neighbors, and she wished to protest. She did not think the federal government should be in the flood insurance business. However, since the government did go =60 _ into this business, it would be foolish not to participate, and these maps should be as accurate as possible. She noted that in 1981, she attended a joint City -County technical Advisory meeting, and one of the overlay maps provided by the consultants showed all the area east of the Country Club to be in a special flood hazard zone; now all of a sudden they are in Zone B. Mrs. Robinson asked that the County appeal this particular area based on the discrepancies and errors shown. The Board discussed how such an appeal would be worded, and Chairman Scurlock felt we should cite a particular area such as the one Mrs. Robinson has described, and indicate that if they are wrong in this area, there is reason to believe there are serious questions about the validity of the study for the entire county. He also questioned why the government should be in the flood insurance business in the first place, and since they are, why there are gross inequities. Senior Planner Challacombe commented that he lives far north on the barrier island, and he also has flood insurance. His elevation is 6.3', and he is still considered in the A zone. Given the same perameters, areas in Country Club Pointe have been placed in the B zone because of the fill required for the homes in the area. "He believed this is not a uniform application. Dick Schuler of Whippoorwill Lane, a City resident, stated that he had been appraised that he could make an appeal here. Mr. Schuler noted that when the Indian River Boulevard program was on-going, he was assured by consultants Reynolds, Smith & Hills that his area had no concern when the Boulevard went through because they would be at a 6' level and he has obtained a copy of drawings for Indian Boulevard which distinctly shows 6' elevation. The MAR 31982 61 am 49Fai ' MAR 31992 BDDK 19 PRE 74 government maps show a 5' level. Mr. Schuler stated that he has filled out an appeal form and wished to file it. Motion was made by Commissioner Lyons, seconded by Commissioner Wodtke, to close the public hearing. Discussion followed about appeals being made by the County, the municipalities, or individual citizens, and Attorney Brandenburg commented that there were two ads, one including the municipalities, since the original intent was to consolidate as much as possible. He stated that the municipalities can respond directly on their own behalf if they so desire, but there is no problem with Commission consideration of an appeal by the gentleman who lives in the City. The appeals must be submitted by March 23, 1982. The Chairman called for the question to close the public hearing. It was voted on and carried unanimously. Chairman Scurlock stated that he had a strong feeling that the Commission feels there is a great inadequacy in the flood map and study; we have had one or two instances shown of gross errors, and he felt we can take the position that we are not in agreement with the official study. Motion was made by Commissioner Lyons, seconded, by Commissioner Bird, that the Chairman be authorized to forward the appeals heard today and also to express that the feeling of the Commission is that we are placed in an untenable position as far as being able to determine the adequacy of these maps is concerned and that we also are dissatisfied with,the method of rate fixing which funnels together all types of risks in one package. Commissioner Bird asked what it would take to get the additional maps with the sophistication of the map of the hospital area to verify the remainder of the unincorporated area, and it was felt it would be in the area of $300,000 to $400,000; it is a very expensive process. Commissioner Lyons hoped we could get the insurance industry to help write the rate portion, and Commissioner Wodtke noted that if the insurance industry would write flood insurance, we wouldn't have this problem. He did not feel it is the federal government's responsibility to extend this coverage in the 100 year flood plain if people build in these places. Commissioner Fletcher emphasized that he would like to encourage the government to get out of the flood insurance business, and Commissioner Lyons stated he would have no objection to including that in his Motion. Discussion followed about making it the individual's responsibility to hire an engineer, determine their own elevation, and meet certain standards if they wish to build in the flood hazard area, but it was noted the problem is that they can't borrow money to build without flood insurance. The Chairman called for the question. It was voted on and carried unanimously. GOVERNMENTAL STREET LIGHTING AGREEMENT - GIFFORD The Board reviewed the following memo: TO: The Honorable.Members of the Board of County Commissioners FROM' eil-A. Nelson County Administrator DATE: February 24, 1982 FILE: SUBJECT: Governmental Street Lighting Agreement REFERENCES: The Board of County Commissioners adopted Ordinance 81-29 at a public hearing August 5, 1981. This ordinance created the Gifford Area Municipal Service Taxing Unit. Within the boundaries of this Taxing Unit the lighting services are provided by both the City of Vero Beach and Florida Power and Light (FPL). The City began installation of the lights and poles Monday, February 15, 1982 in accordance with the adopted plan. It is anti- cipated that this project will be completed within four (4) weeks. MAR 3 1982 Box 49 PA4 75 63 - BOOK � �c� PAGE :16 MAR 319 Attached is the Governmental Street Lighting Agreement that must be executed between the City of Vero Beach and the County. Funds to pay for these services will come from the Gifford Area Municipal Service Taxing Unit as outlined in Ordinance 81-29. FPL is in the final completion of the engineering on this pro- ject. They anticipate beginning work in the very near future. They estimate approximately four (4) weeks for completion. The County will also be required to enter into a similar service agree- ment with FP&L. The County Attorney has reviewed this agreement and concurs with the Agreement as to its legal form. RECOP4V'NDATION It is recommended that the Board approve the Agreement and authorize the Chairman to sign the Governmental Street Lighting Agreement. Administrator Nelson reported that the lights are in the process of being turned on, but he is a bit disappointed with the illumination provided and felt we should look further into the economics of the situation. He noted that the agreement is just a normal agreement the County would enter into to get service from the City of Vero Beach, and we would have to go into a similar agreement with Florida Power & Light. On Motion by Commissioner Lyons, seconded by Commissioner Wodtke, the Board unanimously authorized the Chairman to sign the Governmental Street Lighting Agreement with the City of Vero Beach re service for the Gifford Area Municipal Taxing Unit. Said agreement will be made a part of the record when fully executed and received. ITEMS DEFERRED TO MEETING OF 3/10/82 It was agreed to defer the following items to the meeting of March 10, 1982, as well as all Commissioner's items: Item 15.B - Closing of employment office. Item 15.D - Fourth Courtroom Architect Item 15 E.- Proposed Agreement w/Post, Buckley re professional services for Landfill Item 15 F.- Land acquisition for ground storage tank. I DOUGLAS ELEMENTARY SCHOOL PROPOSALS Margaret Ingram, President of the Wabasso Civic League, came before the Board to discuss the proposal submitted to the School Board re use of the Douglas School, as follows: THE FOLLOWING DOCUMENTS WILL BE MADE A PART OF THE OFFICIAL RECORD, MAR 31982 65 BOOK. 49 ME 77 MAR 31982 19, A CONNUNITY RESOURCE.CENTER PROPOSAL FOR OLD DOUGLAS SCHOOL SUBMITTED BY: THE WEST WABASSO ADVISORY COI-21ITTEE FOR CONSIDERATION BY: THE INDIAN RIVER COUNTY SCHOOL BOARD January 26, 1982 Chairman: Margaret Ingram Co -Chairman: Jere Spearman Secretary: Jennifer Cummings TABLE OF CONTENTS Page Introduction----------------------------------------------------------- I. Recommendation--------------------------------------------------------- 2 Present Program-------------------------------------------------------- 2 Projected Programs and Activities -------------------------------------- 3-5 Florida Community Health Center --------- I-------------------------------- 3 Economic Opportunities Council of I.R.C.------------------------------- 3 Headstart Program ------------------------------------------------------ 3 East Coast Self -Help Housing Inc. -------------------------------------- 3-4' Indian River Community College Program --------------------------------- 4 Adult Vocational Community Education Program ----=---------------------- 4 Indian River Count; Summer Youth Program - C.E.T.A.-------------------- 4 North County Recreation Program ---------------------------------------- 4-5 Short Term Goals --------------------------------------- --------------- 5 Long Term Goals -------------------------------------------------------- 5 Program Function ------------------------------------ ------------------- 6 Civic League Program --------------------------------------------------- 6 OurRequest------------------------------------------------------------ 6-7 Guidelines For Programs ------------------------------------------------ 8 Letter To Agencies ----------------------------------------------------- 9 Letter To Mr. Samuel A. Hunter ----------------------------------------- 10 Committee Survey ------------------------------------------------------- 11 .Surveyor Results------------------------------------------------------- 12 Petition------------------------------------------------------------- 13-14 Diagram of Douglas ----------------------------------------------------- 15 MAR 3 1982 F MAR 31992 This program is designed for the citizens of the Wabasso Community who have seen multigenerations attend Douglas School. These citizens view this school as monumental. A landmark that holds many sentimental values and roots to a sound educational background. Unknown to this county's system, one of the.highest ranking generals in this country (U.S.)•emerged from Douglas School. General Eugene Cromatie, presently stationed in.Europe. Thomas A. Jackson, M.D., an outstanding doctor, who specializes in car- diology and internal medicine is practicing in this very county attended this fine school. Mr. Walter Jackson, a very successful citrus grower and citizen of this county also attended this school. There have been numerous educators in this county and all over the United States that have attended Douglas School and have beer. very influen- tial to this community. - The Wabasso Civic League feels that, this school will lose its sense of dignity and pride in the hearts of many should this school be use as"a dump- ing ground in this area, on the otherhand, the Douglas grounds will not be used for the purpose intended when donated by some of our very fine citizens of this Wabasso community. We feel that this program will instill self -pride back into the hearts of the people of this community and generate a new beginning for all concerned. RECO: I; IENDAT I ON The West Wabasso Civic League would like to make a recommendation to the Indian River County School*Board for the use of the entire Douglas School grounds and facilities in Wabasso, Florida. We propose to organize a Community Resource Center, whereby, the citi- zens of this community can better themselves both socially and economically. The citizens of this community have expressed a need for a recreational and educational program that is within walking distance to their resident. If such a program is provided under these circumstances, the citizens of Wabasso will be in full cooperation in making this program successful. Since the Douglas School will be phased out, we feel that this is the opportune time to introduce such a program in this area. PRESENT PROGRAM We would like to maintain the existing Basic Education Program - already in progress under the direction of Mr. LeVerne Patterson, Director II, Adult Vocational Community Education. ` At the present time, there are approximately 16 adults registered in this program under two instructors; Mrs. Theola Perry and Mrs. Annie Jenkins. Statistics shows that this program is functioning favorably and will have a devastating effect on the North County Adult Educational Program in this county should this program be relocated. The people in this community generally don't attend this type of program when it is outside of their immediate neighborhood. Furthermore, the Wabasso Civic League would like to see the Summer Re- creational and Feeding Program remain intact at this neighborhood school. MAR 319882 FA, MAR 3 -1982 PROJECTED 1111,001A1.1S AND ACTIVITIES an VE ' 1. Florida Community Realth Center The Florida Community Ifealth Center is a non-profit corporation dedicated to providing primary health care. This program is designed to meet the needs of -migrants, seasonal farm workers, and the rural poor. However, anyone who is in need -of care is eligible for the center's medical services. All medical services are supervised by highly trained physicians, most of whom are bilingual, and trained , nurses, so that anyone requiring care may be assured of receiving the finest. This program covers the following counties: Martin, Hendry, Okeechobee, St. Lucie, Indian River, Glades, and Palm Reach The overall goals of the Economic Opportunities Coun K of I.R.C., Inc. Headstart -og* m is to provide enriched exp Yences for the three, four, and five year old chi 'r n of ow i c6 e families u } 1 n m fam ilio through. five component areas namely education, s- ci-13,ervices, special needs, health and parent involvement, s at, a greater degree o- social competence is realized. Social ompetence may be defined as, "The child's effect\ ness in deali g with his envir. �t� ater responsibilities in schocl and e." .3. East Coast Self -Help Housing, Inc. The East Coast Self-help 11ousing, Inc. is a non-profit program that aids low income families within Indian River County to obtain a decent and sanitary home. This is a self-help program there families are required to work cooperatively together as a group. L T}ic applicants of thio self-help home program are expected to attend many meetings, and learn to work together as a harmonious group with some people whose background may be different from theirs. The Farmer's Home Administration and Florida Non -Profit Housing, Inc. work closely together to help low income families obtain a decent and sanitary home of their own in which they might not ever own otherwise. 4. Indian River Community College Program This program is functional depending on the needs of the community. The college will offer credited and non -credited courses. There must be 15 students or more in attendance per class. Persons eligible for this type program must have an educational background above eighth grade and crust be 16 years of age or older. 5. Adult Vocational Community Education Proaram The Adult Vocational Community Education_ Program basically provides service to the community in terms of basic education. This program of - fens reading, writing, and math skills to those.adults who did not go beyond an elementary education. 7.' Indian River Countv Summer Youth Program - C.E.T.A. The Summer Youth C.E.T.A. Program is designed to keep the youth off the streets and provide youth with meaningful summer employment. It is a non-profit program for low income families who must meet the poverty guidelines that is set by the division of Employment and Training Office in Tallahassee. 7. North County Recre-ation Program The North County I:ecreation Program will provide a recreational pro- gram for both children and adults in this community. This program will offer such activities as: gymnastics (Beg. & InLeni.), teen exercises, soccer, ballet, aerobic dancing, tumbling, baton twirling, art, etc. MAR 31982 4 BOOK 9 pa 83 MAR 3 1982 BOOK .49 Pk6E g4 The program and activities outlined above are available for initia- tion when the facility is available to us. SHORT TERM GOALS The programs acid activities listed below will be initiated during the first year of operation of the program. 1. Scouting (Boys and Girls) 2. Teen-age Organizations 3. Saturday Day Care Center 4. Teen Dances 5. Tutoring Program for students 6. Organizations meeting place 7. Social gatherings 8.. Library Program 9. Community Choir 10. Concerts I LO'N"G TEM -1 GOALS These will be future projects for our organization to explore and pursue. 1. Universal Gym 2. Jogging Trail 3. Fine Arts Program .4. R.I.F. Program 5. Voters' Registration Headquarters 6. Environiacutal studies of water, planis, and soil I Each projected program will be independent of the other and will be responsible for its own operation and utilities. CIVIC LEAGUE PROGRAM " All programs sponsored by the West Wabasso Civic League will be in keep- ing with the present school system in Indian River County. Clur commitment to these programs and activities is based on operation for a regular full school year. All activities will be held in the afternoon, twice a weed: for a designated period of time. The Adult Night Program should be allowed to function as ususal in this school complex. We anticipate that this will happen under our Communtiy Resource Center Program. Our program contemplate that the Douglas School buidling will be used six days a week. OUR REQUEST (Facilities and Equipment) 1. Water and sewage 2. Floride Treatment System 3. Facilities in cafeteria 4. Air conditions 5. Heating system 6. Surplus furniture and equipment. 7. Restroom and facilities 8. Closet for storage 9. Lighting system MAR 31982 16 090K 49 FAA MAR 3 1982 10. Telephone 11. Shelf and furniture in library 12. File Cabinets 13. Office facilities 14. Locks and keys for building and classrooms 15. All property belonging to the Dciuglas School 49 Pa The Wabasso Civic League feels that, these items of equipment and fa- cilities are essential and will be very beneficial for organizing a success- ful Community Resource Center. We would appreciate it very much if the school system would assist us in developing this,project for our community. Tile West Wabasso Civic League will provide for a management system that will assure that the property at Douglas School is protected and maintained in a suitable manner. This will include maintenance of the building, grounds, and custodial services. This organization will assume total responsibility for this program and allied needs essential for an effective operation. The West Wabasso Civic Leageu respectfully request that the School Board assist us in the operation of this program by assuming responsibility for the utilities of our program. Inasmuch as a large portion of the program will be didicated to all school aged children. We hope that the School Hoard will accept our proposal for, the operation of a Community Resource Center at the Douglas School in Wabasso, Florida. The Wabasso Civic League would like to thank the Indian River County School Board for its considcrat-ion in this matter. Guidelines For All Programs For The Community Resource Center J 1. All programs must be non-profit, 2. Top priority must be the"Wabasso Community 3. Hust function indep&n-dcntly 4. Require separate for utilities 5. Responsible for maintenance of building, grounds, and custodial services 6. Request use of cafeteria one month prior to scheduled program in letter form. MAR 3 1982 Boa .49 FACE 87 MAR 3 1982 19 nt' 88 Mrs. Ingram informed the Board that all the various programs listed have been contacted and have indicated their interest. She felt there has been a misunderstanding that the programs proposed would serve only black people whereas they are intended for the bonefit of everyone in the area regardless of color or nationality. Mrs. Ingram stressed that they greatly desire these programs to keep the children off the streets and would like to work with the Board towards this goal. The Board expressed their receptiveness to using the facility for the programs proposed and possibly even a branch library, but questioned why the School Board wished to convey this facility to the County rather than making the space directly available to those requesting it. Sam Hunter, Administrator of Personnel Service for the School Board, believed the School Board felt a community resources project such as the one proposed was out of their domain and should come under an entity of government such as the County Commission. Thus, they came up with the idea of giving the facility to the County and letting the Commission assume their prerogative of making it available as a community resource. Considerable discussion followed as to the fact that this offer appeared to be based on a short-term relation= ship, and you cannot plan a capital improvement program on such a basis. Mr. Hunter felt the School Board really anticipates a long term arrangement, but this is affected by the fact that we have unusual growth patterns in the County and they must be able to supply needed classrooms. The School Board is anticipating going into another elementary school in this area, but concrete plans have not yet been made. Mr. Hunter speculated that they are talking about using only the permanent buildings and those only on a temporary basis. Discussion ensued as to what part of the building could be had for the long term and who would manage it. Chairman Scurlock envisioned having a liaison of the County to explore the possibilities with the School Board and come up with what can be done, what can be used for a long period of time, etc. Discussion followed as to the fact that the School Board mainly wants to determine if the County is basically receptive to the idea, and it appears we are. It was noted that the proposed programs are very varied and numerous and management of this would be a big task. Mrs. Ingram stated that although she would be happy to work with the County in any way possible, she would be glad if this could be handled aside from the Civic League. She noted that they were mainly involved in structuring the proposal to let the School board know that they could provide a program. Chairman Scurlock appointed Commissioner Wodtke as liaison to work with Mrs. Ingram and to contact school officials and then report back to the Commission. Commissioner Wodtke noted that if the County gave these various programs authority to use this building, and then the facilities were taken back, the County might be put in the position of having to provide another building. Mr. Hunter expressed the belief that there is a desire on the part of the School Board to give the County this property. On Motion by Commissioner Lyons, seconded by Commissioner Bird, the Board unanimously agreed that it the feeling of the Commission that they would like to establish a Wabasso community facility at Douglas School and that they will continue their negotiations with the School Board and the interested parties towards that end. MAR 3 1992 W. 77 BOOK 49 PAU PIP— 19 20 MAR 3 1982 On Motion by Commissioner Bird, seconded by Commissioner Lyons, the Board unanimously agreed to extend today's meeting until 5:30 o'clock P.M. Fred Diaz, Executive Director of Florida Community Health Centers, Inc., next came before the Board and informed them that Florida Community Health Center now operates a mobile unit into Fellsmere and provides basic health services to the poor and elderly, etc. They would like to have a permanent facility since the mobile unit does have some shortcomings, one of the problems being maintenance on the road, and these expenses could be put into a permanent facility. This also would enable them to provide dental services; they presently have two dental suites in storage because of lack of a permanent facility. Mr. Diaz noted that this equipment is expensive to install and they must have clarification as to a specific area so the liability can be underwritten by their insurance. They would like to rent these quarters for a minimal fee, such as $1.00 a year, but they can underwrite the utilities, maintenance, liability factor, etc. Commissioner Wodtke asked Mr. Diaz several questions about their funding, and will report further on this situation after contacting the School Board. rhPPVT PVVT.ArVMT?7xTri+ TAT 0nT7DTL7nT7C`V T.nD -rTTnrIV cmTvc"T t7mvrn Personnel Director C. B. Hardin reviewed the following memo in detail: TO: The Honorable Members of DATE: "March 3, 1982 FILE: the Board of County Commissioners THROUGH: Neil A.Nelson 'SUBJECT: Carpet Replacement Courthouse County Administrator. FROM: C.B. .Har- fi, Jr., Ph.D REFERENCES: Meeting, February 26, 1982 Asst.to A min./Personnel Director DESCRIPTION AND CONDITIONS In response to the request from the Board of County Commissioners at the special meeting, held February 26, 1982, the Administration has explored items as directed. The Board directed the Administors office to secure a firm to remove the carpet in the North End of the Courthouse as soon as possible. The Board also requested recomm- endations of alternative flooring that could be used in this area. Three firms have been contacted with one reply to date. The Administration contacted an occupational physician with the University of South Florida with regards to a team of experts to explore the courthouse problem. NIOSH was also contacted and has declined an on -sight visit, however, they did state that they would be available for any future analysis of the carpet and/or adhesive. Arrangements have been made to relocate Judge Stikelether in the Lawyers Title Building during the removal of the carpet. Other locations within the Courthouse Building were explored, however, all rooms available contained the same carpet and adhesive as was used in his suite. The Annex area reserved for the forth courtroom was found to be unsatisfactory because of construction work in progress. ALTERNATIVES AND ANALYSIS Creative Floors, a local carpet dealer, has worked closely with the Administration in the inquiry of alternative flporing for the North End of the Courthouse. Two other firms have been contacted, however, have not replied with cost estimates at this time. Judge Stikelether was contacted by Staff and expressed a concern over the use of vinyl flooring in the Courtroom because of an acoustical problem with the electronic recording. The Judge also stated that Court Reporters, which are an alternative to electronic recording of court proceedings are difficult to obtain and are very expensive. It is his opinion carpet should be used in Courtroom C. Medical Investigating Team Staff checked with the University of South Florida, Department of Comprehensive Medicine, located in Tampa. We spoke with Dr. Lee Husting, Ph.D., Professor of Epidimiology. Dr. Husting stated that he and Dr. Nicolas G. Alexiou, M.D., would be avail- able and interested to evaluate the courthouse health problems. Dr. Alexiou is the Director of the Regional Center for Occupation- al Safety and Health. Dr. Husting also has a background in industrial hygiene. Both hold Masters Degrees in Public Health. MAR 31992 79 NOK 49 ThE 1 MAR 31982 9 FAE 92 They would be available for a trip to Vero Beach, on March 16, 1982, at a cost of $300.00 per day each, plus travel expenses. During their trip they would research the possibility of hypersensitiv ty to the environment, of certain courthouse employees. Interviews would be conducted with those who are experiencing problems and an evaluation would be made. Review of previous test results and associated data would result in a written report. This report would make recommendations for additional testing or referral to other specialists. 1. Instruct Staff to contact Dr. Husting and Dr. Alexiou5 in regards to a visit to Vero Beach on March 16, 1982. 2. Contact others in this field. Alternative Flooring for the Courthouse 1. Replace the carpet in the County Courtroom and Judges' Chambers with vinyl asbestos tile, 1/8 inch. Price includes removal and floor preparation for this area. Price is $,6520.00. 2. Replace carpet in Courtroom and Judges' Office complex with Armstrong Vinyl Corlon, a sheet vinyl material. Price would include removal of old carpet and floor preparation and the total cost is $8,025.00. Actual breakdown on pricing of the Courthouse separate, $4,225.00 and the Judges' Office complex separately would be $3,800.00. There is a possibility to sand and refinish the existing parquet in the Courtroom, however, this will depend on the style wood and mastic which as been applied. The cost could be greater and time involved longer. It has been pointed out previously that an acoustical problem may exist in the Courthouse without carpet. 3. A carpet has been located which can be certified not to contain formaldehyde. Original estimates previously discussed during the March 23 meeting of the Commission -were for County Judge suite, Circuit Judges suite and County Courtroom — Staff estimates the cost of the removal and replacement with carpet in the Judges' area and Courtroom would cost approximately $8,000.00: This figure was not broken down separately by the contractor, however, the cost could be isolated should the Board decide to replace the flooring with carpet. RECOMMENDATIONS AND FUNDING No funds are presently budgeted for this expense. Therefore, Staff requests direction from the Board on funding. Dr. Hardin reported that arrangements have been made for Judge Stikelether to use Circuit Courtrooms A and B when they are not in use, and the plan is to start immediately to pull the carpet from Courtroom C. Dr. Hardin informed the Board that besides speaking with Dr. Husting as set out in his memo, he also has made contact with Mr. Radcliff, whom Commissioner Lyons has described as a detective in this particular area. Mr. Radcliff will be here on Monday, and Dr. Hardin stated that he would like to wait on the medical recommendation until that time, if possible. He continued to review in detail the breakdown on costs for removal of carpet in the various areas. Commissioner Lyons commented that the memo speaks of installing a carpet that is guaranteed to have no formaldehyde, but we have not actually determined that formaldehyde is the cause of the problem. Now that the Judge has moved his office out, Commissioner Lyons believed we should devote a few days to some detective work to try to find out exactly what the cause is before we -rip up the flooring. Chairman Scurlock informed the Board that Judge Stikelether had anticipated that after he relocated at the Lawyer's Title Building, work would commence on the court- room promptly, and after the carpet was removed, he would enter and exit only through the fire escape to avoid contact with the rest of the Courthouse. If that proved to be acceptable and no symptoms returned, he indicated that he would be amenable to go with some type of lesser flooring in his offices. Chairman Scurlock noted that the Judge has asked that the air conditioning system be completely blocked off during the carpet removal so that no dust, fibres, etc., occasioned by the removal of the carpet get into the air conditioning system, and he wished it turned off at the roof so that the workmen can't turn it back on. NOK 49 FAE 93, • Dr. Hardin believed that we are going to have to address some sort of immediate action. On Motion by Commissioner Lyons, seconded by Commissioner Bird, the Board unanimously extended adjournment of the meeting until 5:45 o'clock P.M. Commissioner Wodtke noted that it seems that Judge Stikelether would accept vinyl in his office, but asked what would happen if the problem were found to be in the adhesive rather than the carpet. Chairman Scurlock stated that the Judge wants carpet in the Courtroom to be put down without adhesive, but just foam backing and tacks. Commissioner Wodtke felt we should wait until we can get the recommended doctors over and do some of the tests. He stated that he was willing to hire the doctors as recommended, but not unless he can be assured they can see all the people they need to see and that they will be allowed to review their medical records. Commissioner Bird asked if we have any assurance that the Judge will make his medical records available, and Chairman Scurlock stated that subject was not broached; they mainly discussed the cost of court stenographers and the problem related to the noise caused by hard floors interfering with taping of court activities. Commissioner Wodtke stated that he could not completely rule out the possibility that there can be some kind of a recording system in the courtroom with something other than carpet and emphasized that he needed more information to ascertain that the problem is in the carpet or. the glue before pulling up that carpet and putting down a new carpet in the Courtroom. Commissioner Fletcher felt the Board had made a notion to that effect at the last meeting. 82 Commissioner Wodtke stated that we authorized the removal of the carpet in the Courtroom, the Judge's office, and the secretary's office in that north wing and for them to come back with a proposal of how to refinish it or how to leave it. Discussion followed on the fact that the Judge wants immediate action - the quarters are vacated, but the carpet has not been removed as yet. Commissioner Wodtke discussed a possible Motion authorizing removal of the carpet in the offices in the north wing and installation of vinyl. He expressed great concern about the possibility of -the Judge having an adverse reaction to any adhesive that might be used, and felt, since we already have spent $35,000 trying to clear up this problem, that it is very important to have approval of the adhesive. Further discussion ensued about certification of the glue, and Chairman Scurlock felt that the only certification is when the Judge can go back there and feel comfortable and safe, and the Judge must be the ultimate certifier. Motion was made by Commissioner Wodtke, seconded by Commissioner Lyons, to authorize removal of the carpet in the office sections of the Judge's north wing area and installation of a sheet vinyl approved by the Judge, the adhesive also to be approved by the Judge and the money to be taken from the Building Fund. Chairman Scurlock reiterated that the Judge's preference was to do nothing but the Courtroom at first. Commissioner Wodtke noted that the Judge apparently agrees to vinyl in the other rooms, and if he comes back in there and doesn't have problems, then we don't have to remove the carpet in the courtroom. It was pointed out that the Judge would have to enter and exit through the Courtroom or the other areas of the Courthouse, all of which are carpeted. MAR 31982 BOOS 9 FAA 9 r- UOX 19 P E 9fi I MAR 31982 Dr. Hardin read the Motion made at the previous meeting in regard to removing the carpeting in the courtroom and offices as quickly as possible. Commissioner Fletcher noted that we all want to get this matter settled, and he believed we should follow the original Motion to take out the carpet in steps, the courtroom being the first step. Commissioner Lyons pointed out that we do not have to settle the question of new carpeting, vinyl, etc., today, and he believed we should hear more from the medical profession before making that decision. Motion was made by Commissioner Lyons, seconded by Commissioner Fletcher, to extend the meeting to 6:00 o'clock P.M. The Chairman called for the question on Mr. Wodtke's Motion on removal of the carpet in the office section of the Judge's area. It was voted on and defeated 1 to 4, with Commissioner Wodtke alone voting in favor of the Motion. Discussion continued on the point that the original Motion authorized removal of the carpet and that should be done as agreed to, but now the Judges want to put the carpet back in the courtroom before there is sufficient medical information to assure that will not just cause further problems. Further discussion ensued as to the Judge's scheduling problems - the noise factor which would be en4en- dered by installation of vinyl in the courtroom - the problem of moving all the benches - the possibility of carpet in the aisle only, etc. Motion was made by Commissioner Fletcher, seconded by Commissioner Lyons, to accept Dr. Hardin's recommendation, Item #2, contact others in the field, and continue the investigation as to medical people who are available and who have expertise in this field. Commissioner Bird stated that if the County solicits this medical personnel to do this testing, he would like Dr. 84 Hardin to ask the Judge and others if they would be willing to allow them access to any medical tests and information pertinent to the problem, this information to be submitted to these experts in a confidential manner, not to the Press or to the Board. Dr. Hardin confirmed that he would contact the Judge in this regard. The Chairman called for the question. It was voted on and carried unanimously. On Motion made by Commissioner Lyons, seconded by Commissioner Bird, the Board unanimously gave Dr. Hardin specific authorization to engage Dr. Husting and Dr. Alexiou as recommended, for an amount not to exceed $1,500.00 to be paid out of the County Commission contingency account, providing the Judges make available on a private basis the pertinent information developed as a result of this problem, and the people in the Courthouse agree to be available for these doctors to interview. Discussion continued as to the fact that we have a Motion to remove the carpet, but we don't have an estimate; so, it appears, in fact, that nothing is going to be done until we get the medical people here. The need for more bids and the difficulty of obtaining bids merely on the ripping out of carpet was reviewed. Chairman Scurlock stated that his preference was to put in carpet with foam backing and isolate the Judge, letting him come in and out through the fire escape to determine his reaction. Commissioner Lyons stated that we have only agreed to take the carpet out, and he did not want to put any down without further tests because we just might have to remove the new carpet once again. Motion was made by Commissioner Fletcher to authorize Dr. Hardin to follow through on the discussion he and the MAR 3 1982690K 85 49 AE 97 MAR 31982 Chairman had with Judge Stikelether in regard to the replacement of the courtroom carpet, i.e., putting in foam - backed carpet, tacked down, etc., on a phased basis. Commissioner Lyons seconded for purpose of discussion. Commissioner Lyons commented that he only seconded the Motion because he felt we are put on the spot, but he hates to spend this money when we are not sure it is the right thing, and we want to be sure we are doing the right thing for the Judges. The Chairman called for the question. It was voted on and failed by a 2 to 3 vote; Commissioner Fletcher and Chairman Scurlock voting in favor of the Motion, and Commissioners Wodtke, Bird and Lyons voting in opposition. OPEN HOUSE - COUNTY ADMINISTRATION BUILDING Personnel Director Hardin informed the Board that there are several things they would like to resolve before holding open house, such as obtaining and installing the blinds, replacing some shrubbery, etc., and he requested that open house be deferred for two more months. The Board had no objections. RESIGNATION OF ADMINISTRATOR NELSON Administrator Nelson tendered his resignation per the following letter: Chairman Vice Chairman DON C. SCURLOCK. JR. A. GROVER FLETCHER PATRICK B. LYONS WILLIAM C. WODTKE. JR District 3 District 1 District 2 District 4 BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Vero Beach, Florida 32960 NEIL A. NELSON - County Administrator Telephone: (305) 567-8000 March 3, 1982 Board of County Commissioners 1840 25th Street Vero Beach, Florida Dear Commissioners: DICK BIRD District 5 Secretary to Board Telephone: (305) 567-8000 It is with deep regret that I must tender my letter of resignation, effective March 3, 1982. It has become apparent to me that I do not have the support and confidence of all members of the Commission. In this political situation I do not feel I can effective- ly function in the best interest of Indian River County. I have thoroughly enjoyed my association with the County and my love for the County has prompted this deci- sion. Sincerely, A- ,� o Ne�eil�A. Nelson NAN/mg Mr. Nelson stated that the decision was a difficult one, but he felt the County should come first. Motion was made by Commissioner Fletcher, seconded by Commissioner Lyons, to accept Administrator Nelson's letter of resignation. Commissioner Fletcher stated that he is proud to have had the association with the Administrator that he has had, and he believed that Mr. Nelson has played a very important part in a transition period that has been very hazardous. MAR 3 1982 87 BOOK 49 PAE 9 7 aooK 19: P6E 1®0 MAR 3 1992 Commissioner Lyons stated that he seconded the Motion on the basis that it is Mr. Nelson's wish. He, too, felt there has been a tremendous amount of accomplishment in the last year and a half. Chairman Scurlock stated that he has had many discussions with Mr. Nelson. He believed that Mr. Nelson always has been very honest with him, and they have always been able to talk about their differences. He knew this has been a difficult time, and stated that he appreciated Mr. Nelson and hoped they would continue to be friends. Commissioner Bird stated that before voting on the Motion, he would like to know what the Commission's plans are regarding Mr. Nelson and severance pay. He believed that Mr. Nelson is entitled to as kind treatment as we can possibly afford him. Chairman Scurlock believed the recommendation is that Mr. Nelson has been with the County 4h years and we should grant him six month's severance to give him time to evaluate what he wants to do. He believed the insurance and other benefits will be worked out according to what we legally can do. Commissioner Bird asked Commissioner Fletcher and Commissioner Lyons if they would accept that recommendation as an amendment to their Motion, and they indicated that they would. Commissioner Wodtke stated that he is very disappointed that it has come to this point. He believed that Mr. Nelson has been loyal and hardworking, and he has always been pleased with his work and abilities. He felt if Mr. Nelson is guilty of anything, he is guilty of hard work and saying plainly what he thinks is good for the county. Commissioner Bird felt that the honest and dedication of a Neil Nelson come along very rarely and maybe we will appreciate this as we try to operate the county without him. The Chairman called for the question. It was voted on and carried unanimously. Commissioner Wodtke felt it is extremely important in finding a replacement for Mr. Nelson that the Commission set some parameters and get to a point where they can function and organize as a team. He believed that at no time has the County morale been so low as the last few weeks. He emphasized that his main concern is to get an administration that we can have everyone behind so we do not continue to be fragmented and hoped that when we do find someone, we have the courage to let them function. Commissioner Wodtke expressed the hope that we do not lose any more of our valuable people because of the present situation. The several bills and accounts against the County having been audited were examined and found to be correct were approved and warrants issued in settlement of same as follows: Treasury Fund Nos. 79159 - 79474 inclusive. Such bills and accounts being on file in the Office of the Clerk of the Circuit Court, the warrants so issued from the respective bonds being listed in the Supplemental Minute Book as provided by the rules of the Legislative Auditor, reference to such record and list so recorded being made a part of these Minutes. There being no further business, on Motion made, seconded and carried, the Board adjourned at 6:10 o'clock P.M. Attest: "X-- t V� "U� Clerk Chairman 89 Boa 9 PAmlol