HomeMy WebLinkAbout4/14/1982Wednesday, April 14, 1982
The Board of County Commissioners of Indian River
County, Florida, met in Special Session at the County
Commission Chambers, 1840 25th Street, Vero Beach, Florida,
on Wednesday, April 14, 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 David L. Greene, Assistant
County Administrator; L.S. "Tommy" Thomas, Intergovernmental
Coordinator; Gary Brandenburg, Attorney to the Board of
County Commissioners; Jeffrey:K. Barton, Finance Director;
and Virginia Hargreaves and Janice Caldwell, Deputy Clerks.
The Chairman called the meeting'to order.
Chairman Scurlock led the Pledge of Allegiance to the
Flag.
ADDITIONS TO AGENDA
The Chairman asked if there were any additions to the
Agenda. -
Commissioner Lyons requested adding a discussion of a
letter dated April 8, 1982 from Judge Smith to Dr. C. B.
Hardin.
On Motion by Commissioner Fletcher, seconded by
Commissioner Lyons, the Board unanimously approved the
addition of the emergency item to the Agenda, as requested
by Commissioner Lyons.
Commissioner Bird requested adding an item regarding
Donald McDonald Park.
On Motion by Commissioner Fletcher, seconded by
Commissioner Lyons, the Board unanimously approved the
addition of the emergency item to the Agenda, as requested
by Commissioner Bird.
Attorney Brandenburg requested adding an item regarding
the Reinhold Construction litigation.
APR 141982 w 49 Pay X55 -
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On Motion by Commissioner Fletcher, seconded by
Commissioner Lyons, the Board unanimously approved the
addition of the emergency item to the Agenda, as requested
by Attorney Brandenburg.
APPROVAL OF MINUTES
After a brief discussion, it was determined to defer
approval'of the Minutes of the Regular Meeting of March 17,
1982 until the next meeting.
DRAFT LAND USE ELEMENT - SUBMITTAL TO STATE
Art Challacombe, Senior Planner, reviewed the following
memorandum dated March 30, 1982:
TO: The Honorable Board of DATE: March 30, 1982 FILE:
County Commissioners,
SUBJECT: STATUS -REPORT & SUBMITTAL
OF THE DRAFT COMPREHENSIVE
PLAN
FROM: David L. Greene REFERENCES:
Assistant County Administrator
It is recommended that the data herein presented b6 -given
formal consideration by the County Commission.
DESCRIPTION & CONDITIONS:
On March 15, 1982 the Planning and Zoning Commission held a
public hearing on the draft Comprehensive Plan for Indian
River County. The advertising for the hearing appeared in
the Press Journal on February 24, 1982 (see attachment #1).
The purpose of the hearing was to solicit comments from the
general public and make necessary corrections and revisions.
The Planning and Zoning Commission approved the modifications
made to the draft plan and unanimously (5-0) recommended that
it be forwarded to the County Commission in order that staff
be given authorization to send the plan to the various state,
regional, and local agencies for review and comment.
ANALYSIS!
The State Adoption Process provides that:
1. The Commission shall determine that the local planning
agency (Planning and Zoning Commission) has held a public
hearing on the proposed plan with due public notice.
2. Within 60 days, all reviewing agencies are required to
submit written comments, objections, or make recc _
3. If the state land plannin; agency (Department of Veteran
and Community Affairs) transmits objections to the plan,
the County shall transmit a written reply within 4 weeks.
Following the letter or reply, the County shall take no
action to adopt the plan until 2 weeks have elapsed.
4. The County shall then hold two advertised public hearings
on the proposed plan. These hearings shall be held two
-weeks apart. At the option of the County Commission,
one of the public hearings may be held by the Planning and
Zoning Commission (the local planning agency).
RECO�24ENDATIONS :
Staff recommends that the County Commission:
1. Make findings of fact determining that the local planning
agency held a public hearing on the proposed plan with
due public notice as required by law.
2. Authorize staff to submit the proposed plan to the appro-
priate state, regional, and local agencies for review and
comment.
Jim.il171VER MINTY
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THE-PROPOSED.THE-PriOPOSED. FUTURE LAND USE fAAP
The Future Lcnd Used 1,Fap is an intregral part of the Land Use Element of
the Comprehensive Plan for Indian River County. Its purpose is to d3signote
existing and future land use patterns for the next twenty years. These activi-
ty patterns include residential uses; commercial uses, industriol uses• In.
stituticncl uses, open sroce•preservation craes, agricultural uses, and areas
with a mixture of uses.
Urban residenr:ol land use districts are shown on the map by four popula-
tion density c!ossificolions. Those are dosignotad as:
Low Density 1 - to 3 units -acre
Low Dansify 2 • to G units-ocre
Medium Density 1 - 9 units -core
Madwm Density 2 - to 110 units-ocre
Rural and Agricultural districts ore shown on the map by three population
densiy classifications. These are designated as:
Agricultural • 5 Acres - 1 unit
Rural • Residential 1 - 2.5 acres - 1 unit
Rural - Residential 2 -1 acre: unit
Three areas within the Caunty have developed a historical mixture of
residential, commercial cnd industrial fond uses. Those crcos hero bo in
clossdied as mixed-use districts. Within the boundaries of these districts, tho
existing vorioty of uses would be cccommodatd to develop in the future.
MXD • to 14 units/acre
Future commercicl and in;ustrial land uses are des notud at strategic
locations or nodes to accommodate cntic:poted demands. Each rade
specifies a general activity or activities that may be expected to cave!op
within the next twenty years. The proposed Future Land Uta Map also
designatest��° a�'``LI ti vironmvntolly sensitive lands.
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NOTICre OF !'d£GUP.s^aTM—N3 OF LAND USE
The Planning and Zoning Commission of Indian River County, designated
as she local planning agency, will hold a public hearing to consider the
following elements of the Proposed Comprehensive Plan:
• Lord Use
• Transportation
e Co..=ervation%Cocslol Zone Pro, -action
e Housing
e Recreolicn
• Sewer, Wow, Drosnaya and Solid Waste
• Utilities (Electric)
e Intergovernmental Coordination
on March 15, 1482, at 7:00 P.M. at the County Administration Building, in ac•
cordcrco with the "Local Government Comprehensive PlonninS Act of 1975 "
as amended, Sections 163.3161, EL Seq., Florida Statutes, provid-nq for o
Comprehensive Pion, purpose, vested rights, repeal of conflicting or
dinances, serverabiiity, and effective date. -
The proposed Comprehensive Plan wet be discussed at the hearing. Copies
of the proposod Ccmpret.ensiva Plan v.ill be cvai!obi3 on Fc-t.raory 24. 19(!2
of the Indian River Coun`y Planning and Zoninq Department located at 13.1)
251h Sireot, Vero Becch• Florida, ct a cost,of 515.00.
If any porsot decides to appeal cry decision made on the above matter
will need a r,3cord of the proceedin,3s, and for such puraoses, ne r..oy need to
Insure shot a varbotim record of the procosdings is rr,_de, w �� record iti•
cludes 'ha testimony in erdence cf which the is be
Indian River County
Plonrirg and Zoning Commission
3 By: Carolyn K. Eg;nrt, Chairman
APR 141982
9A
Commissioner Lyons referred to the map and suggested
putting the definitions in brackets next to the type of
use, in order to make the map easier to identify.
Mr. Challacombe stated he would take care of this.
Commissioner Fletcher asked what the anticipated
population figure was as a result of the map.
Mr. Challacombe responded that there would be a total
of 303,276 people if all of the lots were used, including
one home to every five acres, and agricultural. He continued
that using the old map, the staff calculated a population
of almost one million people. Mr. Challacombe stated that
the population count should be 130,000 by the year 2,000.
Chairman Scurlock noted that the findings of fact have
been determined and..we do.have proof of publication for the
public hearing, and all that was needed was to have
authorization for the plan to be submitted to the State.
Motion was made by Commissioner Wodtke, seconded by
Commissioner Lyons, that the Board authorize the staff to
submit the proposed plan to the State agencies.
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.
Attorney Brandenburg stated the letter to the State
should indicate the date, time and place of the public
hearing.
William Koolage, interested citizen, came before the
Board and discussed the projection and felt some consideration
ought to be given to the agricultural land. He thought the
Board would be getting pressure from the developers.-
Lengthy
evelopers:
Lengthy discussion followed regarding transitions in
zoning classifications.
Commissioner Fletcher stated he was having a problem
and felt this map lends itself to easing out agricultural,
and the citrus business.
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Commissioner Bird inquired about the time table for
implementing the ordinances.
A long discussion ensued about the length of time the
State would have to review the draft, and the County's
time to review the State's comments, if any. It was
determined that two public hearings were required, and the
Board endeavored to find two suitable dates for the public
hearing.
Motion was made by Commissioner Lyons, seconded by
Commissioner Bird, that the Board schedule the first public
hearing for July 15, 1982'at 7:00 P.M.
The Attorney fecommended that the Board elect to have
the Planning & Zoning Commission conduct the first public
hearing and the Board conduct the last public hearing. '
Commissioner Fletcher interjected that he would rather
have the Board conduct both public hearings.
Motion was made by Commissioner Lyons, seconded by
Commissioner Bird, that the Board schedule the second public
hearing for,7uly 29, 1982 at 7:00 P.M.
Commissioner Lyons withdrew both Motions in order to
set different dates,.and Commissioner Bird withdrew his
seconds.
On Motion made by Commissioner Lyons, seconded by
Commissioner Bird, the Board unanimously authorized public
hearings to -be scheduled for July 13 and:July 27, 1982 at
7:00 P.M.
Motion was made by Commissioner Fletcher, seconded
by Commissioner Bird, that the Board conduct both public
hearings.
Commissioner Wodtke suggested having the Planning &
Zoning Commission present at the public hearings.
Attorney Brandenburg felt there would be no difficulty
in requesting them to be present.
APR 14 1982
5
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PtIGK 49 Paf 300
APR 14 �9"L BOOK 19 PAR 3610
The Chairman called for the question. It was voted on
and carried unanimously.
EXTENSION FOR FINAL PLAT APPROVAL OF RIVERGROVE SUBDIVISION
The Board next considered the following memorandum from
the Assistant Administrator:
TO: The Honorable Board of DATE: March 18 , 1982 FI LE:
County Cammissioners
SUBJECT: EXI' NSION FOR FINAL PLAT APPROVAL
OF =RGROVE SUBDIVISION
FROM: David L'.� e REFERENCES: Letter from Kenneth E. Padgett
Assistant County Administrator to Neil Nelson, dated 2/11/82
DESCRIPTION AND CONDITIONS:
Rivergrove Subdivision received Preliminary Plat Approval on December 23,
1980. The Subdivision Ordinance states that "approval of the board shall
have full force and effect for a period of eighteen (18) months from the
date of approval. An extension may be granted by the Board." The approval
for Rivergrove Subdivision will expire on June 23, 1982. Due to a delay
caused by problems with water in the South Beach area, the developer is
requesting a six month extension of the approval. This extension, if
granted, would expire on December 23, 1982.
ANALYSIS:
The proposed subdivision will be developed at a density of approximately
1.6 lots/acre. This density complies with the Land Use Classification of
LD -1 (up to 3 units/acre).
RECONVIEbIDATION:
That a six month extension of Preliminary Plat Approval be granted to
Rivergrove Subdivision.
On Motion by Commissioner Wodtke, seconded by Com-
missioner Lyons, the Board unanimously authorized that a
six month extension of the Preliminary Plat Approval of
Rivergrove Subdivision be granted.
JAYCEE'S REQUEST RE JULY 4TH CELEBRATION
The Board reviewed the memorandum from Mr. Greene
regarding the Jaycees request, as follows:
TO: The Honorable Members of DATE: April 2, 1982 FILE:
the Board of County Commissioners
SUBJECT: Jaycee's request for County
participation in Fireworks
Display
FROM: David L Greene REFERENCES:
Assistant County Administrator
DESCRIPTION AND CONDITIONS
,
By way of correspondence dated March 4, 1982the County received
a request from the Vero•Beach Jaycees concerning their desire for
County participation in the funding of a $500.00 contribution to-
ward their 4th of July Fireworks Display. Past -policy of the
Commission indicates that the County has not participated in
activities of this type. Past Commissions have taken the approach
that funding of this nature for public relations type activities
would be given consideration during the budget process. Monies
were not set aside in the fiscal year 81-82 budget.
ALTER14ATIVES AND ANALYSIS
1. Alternative 1 would be to deny this request and provide funding
for requests of this type in the 82-83 ,fiscal year budget so
that in the future funds could be utilized on a limited basis
for a public relations type activities.
2. Alternative 2 would be to approve of the request and transfer
funds from the Board of County Commissioners Contingency Account
number 001-99.91 to an appropriate line item in the budget that
would be consistant with the State Chart of Accounts for expend-
itures of this type. The present balance in this fund is
$332,880.00.
RECOMMENDATIONS AND FUNDING
It is recommended that the Commission not grant this request. This
is consistant with past Board policy. It is further recommended that
consideration be given to establishing public relations activities
monies for the fiscal year 1982-83 budget.
Motion was made by Commissioner Fletcher, seconded by
Commissioner Lyons, that the Board accept the recommendation
of the County Administrator for Alternative 1 to deny the
Jaycee's request for County participation.
APR 14 188 2 7 BOOK FA X61
APR 141982
362
Commissioner Bird noted that there was no representative
from the Jaycees at the meeting, and wondered if it would
be fair to vote without hearing their presentation.
Commissioner Fletcher withdrew his Motion and Com-
missioner Lyons withdrew his second.
A brief discussion took place, and it was determined
that Board Secretary Forlani would place a call to Tom
Schlitt, Chairman of the Board of the Jaycees, to make his
presentation some time during the meeting today.
BUDGET CHANGE REQUEST RE ADDITIONAL WATER & SEWAGE SYSTEMS
The Board reviewed the following memorandum dated
March 31, 1982 from Mr. Greene:
TO: The 'Honorabl e Board of
County Commissioners
DATE: March 31,* 1982 F1 LE:
Request for Budget Changes Resulting
from the Acquisition of Additional
SUBJECT: Water and Sewage Treatment Systems.
FROM: David Greene, REFERENCES:
Asst. County Administrator
Description & Conditions
The growth of the Indian River County -Utility systems -has been much greater
than planned for the fiscal year of 81-82. This growth will result in increased
revenue of approximately $173,000. Unfortunately, the cost to operate, maintain
and manage their systems will also increase proportionately. The following table
illustrates the significance of the unplanned growth:
CONNECTIONS
Fiscal Year
Water
Sewer
Total
Revenue
79-80
1520
173
1693
$397,305
80-81
1756
213
1973
527,305
81-82
1860
246
2106
636,935
Revised
81-82
3180
870
4296
809,649
This year's budget included a certain amount of growth of Vista Royale and
Treasure Coast Utilities and the simultaneous deletion of the Pebble Bay System.
The addition of Treasure Coast and the deletion of Pebble Bay would theoretically
balance out the work load. However, we did not delete Pebble Bay and Treasure Coast
is in much worse condition than originally thought. We now plan to add Ixora Park
and Laurel Homes, an additional 457 connections. The Vista Royale system has grown
.from 172 to 690 connections. As you can see, the revised 81-82 figures represent
a 100'0' increase in connections over what was expected.
In addition to the growth discussed above, we are currently involved in the
planning stages for a surge of growth, both in county systems, and in franchises.
We now have 26 franchise applications in different stages of progress - we normally
have 3 to 5 in process. A franchise resolution is being prepared to provide fees
to be paid by the developer to offset the cost -of processing the franchise agree-
ment.
Alternatives & Analysis
It is obvious that additional resources will be required to accomplish the
increased work load. We offer the following alternatives: 4
Positions
Administration*
Utilities Manager
Secretary
Oper. Asst.
Admn. Asst.
Actg. Clerk
Environ. Tech
Plant Oper.
Fld. Serv. Supra ,
Maint. Superintendent
Meter reader/maint.
Crew Leader
Maintenance
Laborer
Total Staffing
Est. Personnel Cost
Add'l Oper/Maint. Cost
Add'l Veh/Equip. Cost
Total $
Additional Funds Req'd
APR 141982
UTILITY DEPARTMENT STAFFING
Current
Alternative 1
Alternative 2
--
.5
.5
1
1
1
1
1
1
.8
1
1
1
2
2
0
1
1
1.2
3
2
1
0
0
0
1
1
1
2
2
1
1
1
1
3
2
1
2
1
11
19.5
16.5
$212,000
$2801,000
$258,000
0
$ 55,316
$ 55,316
0
$ 48,000
$ 36,000
$212,000
$383,316
$349,316
0
$171,316
$137,316
9
Alternative 3
.5
1
1
1
1
1
1
2
0
1
1
1
2
1
14.5
$249,000
$ 55,316
$ 24,000
$326,316
$114,316
.9, FA;f3
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APR 141982
*This covers one half
cost. The other cost
fund activities.
Alternative 1
of the cost of the Environmental Services Director personnel
to be paid by the Landfill Division and any other enterprize
This is the most desired staffing plan. If implemented it would enable the
Utilities Department to not only keep up with the growth of the utility systems, but
would allow staff opportunity to plan future utility systems in concert with the
county's long range land use management plans. -
With the plan to organize the Environmental Department consisting of the
Utilities and Landfill Divisions, we anticipate that each of these will equally share
the expense of the Environmental Department Head from budgeted sources (see organiza-
tion diagram).
The additional accounting clerk is needed to help keep up with the increased
workload and to relieve the secretary of these functions to allow her to perform the
ever-increasing workload in the Director's office. The Environmental Technician would
use his training to review plans, specifications, set up and perform laboratory tests,
perform field inspection of utility systems. This position is mandatory. The additional
plant operators would be responsible for operation of the five (5) plants being taken
over by the county. An --additional meter reader/maintenance person is needed to assist
the current meter reader in reading the new meters and in the day to day maintenance
of meters. Two additional maintenance persons are needed to maintain the existing
facilities and the facilities being taken over - also, one maintenance man would be
trained and devote his time to the maintenance of lift -stations. These additions
to the maintenance crew and the increased maintenance required by the additional plant
acquisitions require the position change of Field Service Supervisor to Maintenance
Superintendent. An additional laborer is needed for clean-up of current and new
grounds and buildings. This alternative adds 9.5 personnel with associated equipment
(including 4 vehicles and related tools) for an estimated budget increase of $171,316.
The only disadvantage of this alternative is the cost - it would tax the current
revenue producing capability of the Indian River County Utilities.
Alternative 2
This alternative, if implemented, would enable the Utilities Department to keep
up with current growth and perform its functions in a more timely manner It would
not provide the ultimate coverage but would allow new systems to be brought on line,
operated and maintained, as an interim measure while plans are made for next fiscal
year's budget. This alternative adds 5.5 personnel with associated equipment (including
3 vehicles and related tools and $55,316 -for operations and maintenance costs) for
an estimated budget increase of $137,316.
Alternative 3
This alternative represents the minimum staff required. It would allow only
the basic functions to be performed and would not insure performance of functions
in a timely manner. It should be considered only as a stop -gag measure until the
new budget goes into effect. Administrative functions would suffer, the possibility
of more errors in meter readings and billings would be greater and more tine would
be required for corrective maintenance than for preventive maintenance. This alterna-
tive will require 2 vehicles and related special tools and equipment and 555,316 for
operations and maintenance costs and will require an estimated budget increase of
$114,316
Recommendation and Funding
It is recommended that Alternative II be approved. Even though Alternative I
provides the best solution to the problem, Alternative II will allow for more time
to re-cruit, hire and train the needed personnel. The balance of staff requirements
can be included in the new budget for fiscal year 82-83. I cannot overemphasize
the immediate need for these positions, vehicles and related special tools and
equipment. The added revenue (estimated to be $173,000) produced from the systems
A=na aquired will more than o -i yet the cost.
-- r
m
*This chart is based upon the chart #VII recommended in the "Kelton Report". Those
positions with an * are covered by personnel serving in a dual capacity. These
positions should be filled in the next budget year.
APR 141982
11
em 49 PAS X65
APR 141982 1 �fifi
�K �� ����
Commissioner Lyons stated that Intergovernmental
Coordinator Thomas was charged with running the organization
and doing it in the most economical manner; he thought that
the Board should go ahead with this request.
Assistant Administrator Greene noted that the system is
growing more rapidly and they are asking for additional
staff to fill the various needs.
Chairman Scurlock stated that Mr. Greene's assessment
was correct and Alternate 2 was the best approach. It would
not give -them everything they needed but would help meet the
crisis, he noted.
Commissioner Fletcher referred to the chart listing the
"Environmental Services Department" and felt that name was
hiding.what was really going on. He stated that we should
respect the language and not get caught up in a word game.
Mr. Greene explained the rationale behind the name was
to properly control the water, sewer, and the landfill
operation.
Commissioner Lyons stated that he did not want the
_. department called "Environmental Services Department"
either.
Commissioner Bird. suggested using the name "Utility
Services."
Discussion ensued about finding the proper name for the
department in charge of the landfill and utilities.
Motion was made by Commissioner Bird, seconded by
Commissioner Lyons, that the Board change "Environmental
Services Department" to "Utility Services Department," and
to6accept the Assistant Administrator's recommendation of
Alternate 2.
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.
USE OF REMAINING FmHA OBLIGATED WATER MONIES
Assistant Administrator Greene discussed the following
correspondence:
Tn: -he Honor:3ble Boar, of County Did I E: April 7, 1982 FILE
:omlri ssiorlers ,
r/o David L. Greene, Asst. Administrator
SUBJECT: Use of Remaining FmHA
Obligated Water Monies
':ROM: George ? i ner. •R _ , ENCES:
Utilities Manager
f
Our Engineering Consultant, Mr. John Robbins, has received additions'
communication from Farmers Home Administration's State Office with regard
to the 2.6 .9 11ion dollar loan application which has recently been submitted.
Mr. Tom Brown., a special loan officer in the Community Programs section,
indicated to Mr. Robbins there was an additional $58,000 of water monies
over and above that amount requested. Mr. Brown requested to include
the additional $58,000 in the application. As it was the intention of
our consultant and approved by the Board, to use all remaining 5% water
monies, FmHA was given authorization to include the additional funds.
This matter was discussed by staff and -it was felt it was in the
+County's best interest to include the additional loan monies. FmHA was
instructed to show the additional funds being`utilized for plant expansion.
Further, FmHA indicated this activity would not delay the issuance
of the Letter of Conditions. The Letter of Conditions should be issued
the week of April 12 - 16, 1982
APR 14 1982
13
BOOK 49 pxf 367
NOK PAR
APR 14 1982
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Planners
April 7, 1982
MEMORANDUM FOR RECORD
TO: David L. Greene
FROM: John A. Robbin
SU'BJECT:, FmHA Loan Application for Purchase
of Treasure Coast/Ixora Utilities
Engineer's Project No. 6674
On Thursday, April 1, 1982, we received a telephone call from Mr. Tom Brown
of Farmers Home Administration (FmHA) in Gainesville, Florida. Mr. Brown
had called to indicate, per his records, Indian River County had remaining
$484,000 of water monies. The primary basis for the telephone conversation
was to find out if Indian River County wanted to incorporate this additional
loan money into the loan application submitted earlier this year. At that
time, we indicated it would be necessary to discuss this matter with Indian
River County prior to authorizing FmHA'to incorporate the additional monies.
That same afternoon, we spoke with Mr. David L. Greene, Mr. Gary M. Brandenburg,
Mr. Patrick B. Lyons and Mr. Don C. Scurlock, Jr. and advised them of this new
condition. The general consensus was to request FmHA to incorporate additional
monies into the loan application and make the inclusion contingent upon approval
of the Board of County Commissioners at their next scheduled meeting which is
April 7, 1982.
The following day, Friday, April 2, 1982, we received another telephone call
from Mr. Tom Brown with FmHA in Gainesville, Florida. Mr. Brown indicated
Indian River County had remaining $484,000 additional water monies, however,
they had not taken into account the request for a $426,000 loan to cover the
shortfall of the Phase I South County Water System. Utilizing the remain ng
monies and subtracting the $426,000 request for shortfall left $58,000 in
water monies.
On Friday, April 2, 1982, we advised the County Administration of the reduction
in obligated monies. This Memorandum will serve to notify those who were
informed on Thursday,
of the $58,000 in the
Letter of Conditions.
April 1, 1982. It should be further noted the inclusion
loan application should not delay the issuance of the
M - —
Motion was made by Commissioner Lyons, seconded by
Commissioner Wodtke that the Board approve the request for
the additional $58,000 in water monies from FmHA.
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.
JAYCEE'S REQUEST RE JULY 4TH CELEBRATION
Tom Schlitt, 2245 47th Terrace, Chairman of the
Jaycees, approached the Board and discussed the 4th of July
activities and reported they would be, having the fireworks
at Memorial Island Park. The Jaycees have been able to
4
raise $2,500 each year in the past, for the July -4th
celebration, and now would like the County's support in
their request for a $500 contribution, which they would
greatly appreciate.
Chairman Scurlock talked about setting up a place where
donations could be collected from people who attend the
fireworks.
Commissioner Wodtke inquired if professional people
would be hired to do the fireworks show.
Mr. Schlitt affirmed that it would cost $1,000 to hire
the professionals to put on the hour-long show. He advised
that the Jaycees were going to furnish the City with an
insurance policy for letting them use their property; the
City was also providing a dumpster at the location.
Commissioner Fletcher advised that he was a
past -president of the Jaycees and he had no qualms about
celebrating the greatness of our country, but felt the
Jaycees should do the job of raising the money themselves.
Motion was made by Commissioner Fletcher that the Board
° accept the Assistant Administrator's recommendation of
Alternate 1 to deny the request of the Jaycees.
The Motion died for lack of a second.
APR 141982 15 B9,oK 49 MEMO.
APR 141982 49, m
Commissioner Wodtke asked if the Board could assist in
providing the Jaycees with the professionals, so the show
would be safe. He then discussed the possibility of the
Bogrd's participation this year to provide a maximum of
$1,000 to have the professional fireworks people do the
show.
The Attorney felt if the County participated, they
should be named on the insurance policy.
Motion was made by Commissioner Wodtke, seconded by
Commissioner Bird, that the Board provide $1,000 to the
Jaycees to be used first for providing the safety
precautions for the fireworks display, and use the balance
of the money as needed for the July 4th celebration.
Commissioner Lyons did not think he could support the
Motion; this should be on a County -wide basis participating,
in some manner, with the various municipalities.
Commissioner Bird commented that the Jaycee
organization does a lot of good in the County and asks for
very little in return. He thought that honoring the birth
of our country on July 4th was good,- and that the request'
was not a big expenditure on the part of the County.
Commissioner Bird felt. we could not have five different
fireworks displays in five different municipalities.
Commissioner Wodtke knew that Sebastian had a display
of fireworks and if the Board wanted to allocate $500 to
Sebastian and $500 to the Jaycees, that would be acceptable
to him. He felt that rather than buying the fireworks, the
County could assist the Jaycees in the safety of the
fireworks program.
Chairman Scurlock stated that he used to be in the
Jaycees and also believed in self-determination and
self-help. He planned to vote against the Motion as he sees
the'Board ending up with a grab bag.
The Chairman called for the question. It was voted on
and defeated with a vote of 2 to 3, Commissioners Bird and
Wodtke voting in favor of the Motion.
Mr. Schlitt then asked the Board for some advice
regarding ten acres owned by the Jaycees which they plan to
develop into soft ball fields. He continued that they would
like to open it up to the County to help create a west side
recreational area for young adults and wondered if it would
be appropriate to have the County maintain this property.
Chairman Scurlock suggested the Jaycees discuss this
matter with the Recreation Committee.
4
Mr. Schlitt then inquired if the property would have to
be deeded to the County to have the County help the Jaycees
maintain it.
The Attorney did not think this would have to be done.
After a brief discussion, the Board suggested that Mr.
Schlitt make the wishes of the Jaycees known to the
Recreation Committee so this matter could be reviewed at a
later date. -
WABASSO ISLAND PROPOSAL
Commissioner Bird reported that he had been approached
I.
by Ruth Stanbridge some time ago regarding a possible nature
study area; and if he were to come across a suitable piece
of property, to keep the Pelican Island Audubon Society in
mind for this purpose. He continued that he did come across
Wabasso Island, also known as Marsh Island, and reported
that the southern part of the island had about 18 acres of
uplands that were usable. He then contacted Mrs. Stanbridge
and Ray Fernald, and together they spent time looking at the
island and they felt this property did hold a great deal of
interest for their Society. Commissioner Bird asked Mr.
Fernald to put together a proposal to the County of what the
Audubon Society had in mind.
APR 141982 17 BOOK 9. �� 37
Fr -
APR 141992
Raymond T. Fernald, President of the Pelican Island
Audubon Society, approached the Board and reviewed the
following proposal:
P ELI CAN I S LAND AUDUB ON SOCIETY
NATURE CENTER PROPOSAL
FOR
WABASSO ISLAND
Pelican Island Audubon Society was formally organized as a chapter
of Florida Audubon Society in 1964, and was incorporated under the laws
of the State of Florida in 1966. We are a non-profit organization, and
our purpose, as stated in our Articles of Incorporation, is as follows:
"The purpose of_this=corporation is to promote understanding and
.interest in wildlife and the environment that supports it and to
further the cause of conservation of natural'resources. To engage
in any educational, scientific, investigative, literary, physical
historical, philanthropic, and charitable purposes as may be a
part of the stated purpose of the Florida Audubon Society..
"Also to arouse public recognition of the values of and need
for conservation of wild birds and animals, and the plants, soil,
water and other conJitions essential to their preservation and
development. To hold meetings, lectures, and exhibitions, and to
engage in other educational work in the interest of wildlife, its
study and enjoyment by both our members and the public. To solicit, hold
.funds and property for the above stated purpose."
Over the last 19 years, we have upheld environmental education to
be a primary mission of the Society, and are constantly striving to improve
and expand our educational programs. Some of the programs we have
sponsored or assisted include:
1. Doris,Mager's presentations to 5th graders on raptors.
(the "Eagle Lady")
2. Trips to Pelican Island for 4th graders, led by Mr. Larry Wineland,
recently retired from the U.S. Fish and Wildlife Service.
3. Workshops for area school teachers interested in marine ecology.
4. Participation in Osceola Elementary School's "Ecology Week" program.
5. Henry Brigg's annual presentation to 4th graders of his film,
"Birth of a Florida Key."
6. Showing of the film "Silent Sirens - Manatees in Peril" in county
schools.
7. Ongoing development of the Coastal Hammock Nature Trail at Beachland
Elementary School.
8. Annual scholarships.for students to Forestry Camp.
9. Donations to area schools for science equipment and Ecology Club
funds.
10. Scholarships for the Marine Biology Workshops held at Newfound
Harbor in the Florida Keys.
11. Sponsoring science teacher's participation at environmental
workshops throught the State.
12. Special presentations and lectures by Audubon members at many
schools throughout the county.
13. Our regular monthly programs of films and guest speakers.
Ih fact, all of the above programs have been presented to the
public free of charge. Our record of providing high quality environmental
education to the citizens of Indian River County is cleat.
For the future, we wish to expand these programs and services. To
accomplish this goal, we require a permanent Nature Center and Society
Headquarters.
Today, I propose that the Indian River County Commission and Pelican
Island Audubon Society address the feasibility of that Nature Center and
Society Headquarters being located on Wabasso Island. This island possesses
approximately 18 acres of uplands consisting of Australian pine forest on
dredge spoil, and about 37 acres of.mangrove wetlands which are unsuitable
for upland development. The shallow flats.along the sothern and western
sides of the island consist of mudflats, barren sandy shallows with scattered
oysters, and marineograssflats. The area is, in my opinion, an ideal site
for our Nature Center for the following reasons; 1) it is readily'accessible
to the public, 2) it is centrally located with respect to the County's
future population, 3) it is large enough to permit development of extensive
environmental education facilities, 4) the physical setting is ideal for
_ nature appreciation and outdoor ecology studies.
The facilities we may wish to develop over the long-term include:
1. Society headquarters and office space
2. Natural history museum
3. Library of wildlife, ecology, and Audubon materials
4. Lecture center and indoor classroom
5. Outdoor classroom
6. Field ecology station at edge of mangroves and grassflat.
7. Elevated boardwalk through mangrove swamp
8. Canoe trails through existing mosquito coiitt.ol ,ditches
9. Development of tropical hammock--vegetation.on existing uplands.
Capital improvements would be financed by'Pelican Island Audubon
Society, though certain facilities could be jointly or County funded, such
as picnic areas, public parking for other recreational uses, etc, We
anticipate, of course, that our facilities would be available to the
public free of charge.
I am speaking today on behalf of the Society Board of Directors, and
all a49reements and terms would require approval of the Board. We are
hereto ask the Commissiont conceptual approval to proceed with feasibility
appraisals and negotiations with Pelican Island Audubon Society. There
would be many areas of mutual concern which must be addressed, including
the terms of lease, limitations of types of facilities, transfer of
capital improvement ownership in event of dissolution of the Society,
maintenance and operation guarantees, and provisions for a caretaker
or building security.
Thank you for your consideration of
our proposal,
Ra d T. Fernald, President
Pelican Island Audubon Society
BOOK 49 TME373
APR 14 1982 19
IMPINORM
840K RAE 37.4
Commissioner Lyons stated that he was very active with
the Audubon Society and this had been their goal - to
provide some place for environmental education. He was
anxious to find some way for the Society to have this
educational facility.
Commissioner Bird stated that the Society would like to
develop this as an environmental educational center and
conduct continuing education programs. He felt that the
remainder of the island could be used for public purposes,
such as picnic areas, and nature walks. Commissioner Bird
reported that he asked Assistant County Attorney Chris Paull
to do some research concerning the receipt of title from the
State of Florida, Attorney Paull felt this proposal would
not be in any violation, but recommended obtaining a formal
opinion on the matter. Commissioner Bird -felt a letter from
the County could be sent to the Trustees of the State
concerning this proposal. He advised that the Recreation
Committee felt this should be pursued - the basic idea would
be that this would be; open for the public's benefit and
there would be no fees charged for the use of these
facilities. Commissioner Bird stated that an organization
such as the Audubon Society has been a benefit to the
County, and could be more of a benefit if they had this
proposed facility.
Chairman Scurlock thought that it was a great idea.
Commissioner Wodtke felt there may be some files and
drawings available concerning this property, as it had been
investigated over the years for possible use by the school
system.
Motion was made by Commissioner Lyons, seconded by
Commissioner Fletcher, that the County indicate its interest
and encouragement to the Audubon Society in having such a
facility, and that the Attorney and his staff be authorized
to continue negotiations with the thought of ending up with
e
�an environmental education facility; and that the Attorney
be authorized to negotiate with the State Board of Trustees
in this matter.
Commissioner Bird stated that he would work with the
Attorney.
The Chairman called for the question. It was voted on
andcarried unanimously.
The Board then recessed for a short interval. Deputy
lerk Hargreaves took over from Deputy Clerk Caldwell for
he remainder of the meeting.
4
APR 141982
21
Bo% 19 -.PALE 375 .
V
APR 141982
ADDED ITEM - RE REINHOLD CONSTRUCTION LITIGATION
Attorney Brandenburg informed the Board that since the
March 17th meeting when Attorney Cal Brown withdrew as
counsel in the Reinhold litigation, Reinhold Construction
has filed a claim alleging damages in excess of $190,000.
In addition, we are expecting to receive very soon their
request for final payment, which probably will amount to
over $100,000, and in all likelihood, the architect also
will be demanding additional sums, possibly in the area of
$50,000.- Attorney Brandenburg continued that, as directed
by the Board, he has been seeking a construction litigation
expert to aid in this matter; he has interviewed four local
attorneys and -also talked with an attorney from West Palm
Beach and one from'Tampa, who have extensive construction
litigation background, and it would be his recommendation to
retain Attorney John R. Young from the firm of Hamilton,
James, Merkle & Young of West Palm Beach.
Because of the complexity of the issues, the health
problems, the amount of money involved, etc., Attorney
- Brandenburg strongly recommended that the County proceed in
this direction and authorize him to contact and retain Mr.
Young immediately, which he believed would pay for itself in
the long run. Mr. Young then would submit a formal fee
letter to the Commission and would charge on an hourly basis
as has been the County's practice in the past; his hourly
fee being $100.00.
Motion was made by Commissioner Fletcher, seconded by
Commissioner Lyons, to authorize Attorney Brandenburg to
retain Mr. Young of Hamilton, James, Merkle & Young of West
Palm Beach to aid the County in.the litigation with Reinhold
Construction Co.
Discussion followed as to the importance of each
Commissioner having an opportunity to review the situation
with Mr. Young, and Commissioner Lyons asked if it would be
22
possible for this to be done for the whole Commission in
private rather than on a piece meal basis. Attorney
Brandenburg stated that it would not because this comes
under the Sunshine Law, and one of the most difficult things
about government law is that you cannot strategize the way
the other side can, which is a distinct disadvantage to
governmental agencies.
Commissioner Bird asked if the counter claim of
$190,000 is over and above the original contract with
Reinhold, and Attorney Brandenburg replied that it is over
and above both the original contract price and the amounts
in dispute for the change orders.
The Chairman called for the question. It was voted on
and carried unanimously.
OUT -OF -COUNTY TRAVEL TO INDUSTRIAL DEVELOPMENT BOND SEMINAR
Motion was made by Commissioner Wodtke, seconded by
Commissioner Bird, to approve out -of -County travel for the
Chairman and Attorney to attend the Industrial Development
Bond Financing Seminar in Miami, April 22, 1982.
Commissioner Fletcher stated that he would not vote in
favor of the Motion because he felt the affairs of this
county are being managed so the next generation is being
obligated for the debts of this generation, and we are now
going out to learn how to do it better.
The Chairman called for the question. It was voted on
and carried 4 to l with Commissioner Fletcher voting in
opposition.
APPOINTMENTS TO FINANCE ADVISORY COMMITTEE
The Chairman read the following memo:
23
APR 141982 BOOK 49_.PAE377_,
+ APR 141982
TO: Board of County
Commissioners
I
o 49, tw 378
DATE: March 31, 1982 FILE:
SUBJECT Finance Advisory Com-
mittee Appointments
FROM: Liz Forlani REFERENCES:
There are three openings on the Finance Advisory Committee
and we have received the following applications from candidates
interested in serving on this Committee.
John R. Koch; Ernest Pena -Roque; Frederick Fields Grone;
and Bill Lewis
These appointments should be for a two year period.
Motion was made by Commissioner Wodtke to appoint Mr.
Koch, Mr. Grone and Mr. Lewis to the Finance Advisory
Committee. Motion died for lack of a second.
Discussion followed on how the Board wished to handle
-" voting on these appointments, and 'Commissioner Bird
expressed concern that those listed do not have the
expertise needed'in the complex and sophisticated investment
world we are going to be dealing with. He envisioned
someone more like a retired investment counselor or a
retired bank director, and he, therefore, would like to see
the application period left open so we can receive
additional resumes.
Chairman Scurlock emphasized the need. to get this
committee appointed since it basically has been functioning
for over a year with only himself, Coordinator Thomas, and
Finance Director Barton available to make recommendations.
Commissioner Fletcher had some of the same concerns as
Commissioner Bird and also was under the impression that we
were looking for people not actively engaged in day to day
24
financing; Mr. Lewis and Mr. Grone both being presently
active with banking institutions in the area.
Discussion continued around the fact that not
everything these people will be involved with is high
finance and a lot will have to do with the basics of how we
run the day to day County business, for which these
applicants are well qualified. Mention was made of Paul
Bubenday, a retired international banker who is presently
serving on the Housing Finance Authority, and Coordinator
Thomas felt that while Mr. Bubenday, no doubt, could add a
lot of expertise in certain areas, most of our needs are not
that complex. Mr. Thomas agreed with Chairman Scurlock on
the importance of making more appointments to the Finance
Advisory Committee' and felt one of the first functions of
this committee would be to come up with guidance on
selecting a fiscal advisor for the County.
In further discussion, it was noted that Mr. Putnam and
Mr. Minotty already have been appointed to the Finance
Advisory Committee, and the committee always could be
expanded further at a later date.
Motion was made by Commissioner Fletcher to appoint
John R. Koch to the Finance Advisory Committee.
Commissioner Bird asked if anyone felt there is any
problem with Mr. Koch serving as a financial advisor to the
City and the County at the same, and Chairman Scurlock
believed that Mr. Koch would discontinue his connection with
the City if he came to the County.
Commissioner Bird stated he would second Commissioner
Fletcher Is Motion to appoint John R. Koch to the Finance
Advisory Committee.
The Chairman called for the question. It was voted on
and carried unanimously.
25
BOOK �
APR 14 1982
+ APR 141982 49
.
Motion was made by Commissioner Lyons, seconded by
Commissioner Fletcher, to appoint Ernest Pena -Roque to the
Finance Advisory Committee.
Discussion followed, and it was noted that Mr.
Pena -Roque is employed by the School Board and would be
handy for meetings during the day. Chairman Scurlock was of
the opinion that this was not necessarily so.
The Chairman called for the question. It was voted on
and defeated 2 to 3 with Commissioners Wodtke, Bird, and
Chairman Scurlock voting in opposition.
Motion was made by Commissioner Wodtke, seconded by
Commissioner Lyons, to appoint Bill Lewis to the Finance
Advisory Committee.
Commissioner Fletcher noted that Mr. Lewis is a Loan
Officer for the Beach Bank and he had a problem with that.
Discussion ensued as to the fact that over the years
various Commissioners' connections with local banks have
caused a conflict of interest, and have been a deterrent to
our doing business with those banks.
Commissioner Lyons stated that he would withdraw his
second, and the Motion died for lack of a second.
Commissioner Bird stated that he would like to see the
Board gb ahead and have the Finance Advisory Committee
function with the three present appointees but keep the
applications open, and it was- agreed to proceed in this
manner.
DISCUSSION RE LETTER RECEIVED FROM CIRCUIT JUDGE SMITH RE
COURTHOUSE PROBLEMS
The Board reviewed the following letter from Judge
Charles Smith:
26
CHARLES E. SMITH
CIRCUIT JUDGE
April 8, 1982
Dr. C. B. Hardin, Jr.
1840 - 25th Street
Vero Beach, Florida 32960
In re: Courthouse renovation
Dear Dr. Hardin:
224 COUNTY CGURTHOUS
VERO BEACH, FLA. 32950
PHONES (305) 562-7871
As I advised you by telephone Friday, April 2, 1982, the circuit judges,
except Judge Sharp, and the circuit judge's secretaries, are still
experiencing eye problems and occasional headaches. As you know, my
former secretary was forced to resign due to health problems related
to the courthouse, and we cannot afford to lose any other secretaries.
I want to emphasize that the problem is not getting any better.
Would you pease keep after the doctors and engineers at the University
of A'lorida and have them send down, a teara as soon as possible or if this
is not possible, to at least advise us as to what type of experts should
be culled in to solve this problem..
As wo repeatedly requested, the tests for formaldehyde should continue
in the vault room and in our offices and if possible tests for other
solvents should be continued to be made. It is hard to understand why
it is taking so long to get these additional tests.
In regard to elimination of the pigeons, the county does not seem to
be making any progress as it has been several months since you have
written the Humane Society. If the Humane. Society does :not want to advise
you, then I suggest that you go ahead on your own to eliminate the
pigeons and to divine some kind of scarecrow or apparatus that would
keep the pigeons off the roof and air-conditioning vents.
In inspecting the Courty Courtroom it appears that for approximately
three weeks the carpet has been removed but there has been,no progress in
installing new carpet. As I previously advised you on march 11, 1982,
it is essential that we have a courtroom large enough to accomodate..,
capital cases, condemnation cases and cases with multiple defendants
aad civil cases iA whist) tliere are more t1inn two attoriioy.s. 'ri)e
are extremely concerned about this acid again request the county to i-
promptly install slaitable, non -allergenic carpet without any glue o �r
t�
adhesive. - ••
In regard to the large courtroom in the Annex, would you please advise
me of the progress and when it is estimated that this courtroom will
be completed.
Unless some definite progress is made to eliminate the problems, we
are going to be forced to move from the courthouse.
Yours � t'Tul
Ciia71E
rle.�Sm th
CES/pgc
1. r
cc: Honorable Royce R. Lewis"
Eionorable G. Kendall Sharp
Honorable L. B. Vocelle
Honorable Graham W. Stikelether, Jr.
County Commissioners (5)
APR 141982
BolaK .4.9 PaE 382
APR 141982 ,49 u
Commissioner Lyons informed the Board that he had
Maintenance Supervisor Lynn Williams make a survey of the
Courthouse roof, and while an occasional pigeon may land on
the roof, there is no evidence of pigeons roosting or
nesting on the Courthouse roof. He expressed the belief
that we have taken care of any pigeon problem that ever
might have existed
Mr. Williams confirmed that he checked the Courthouse
roof at 9:00 A.M. and found no signs of any nests or pigeon
droppings- around the air conditioning inlets and no sign of
any way they could get in the duct work. The bird screens
were all in place, and he did not feel there is a problem
with pigeons.-
Dr.
igeons.Dr. Hardin reported that Judge Stikelether had called
and requested that Judge Smith's letter be made part of the
record because he is being severely criticized and wants
people to know that Judge Smith is as involved as he is.
Discussion ensued on the effort being made to have a
team of doctors from the University of Florida agree to come
to Vero Beach.
Dr. Hardin stated that he has called the University of
Florida on two occasions about sending down a team, and both
he and Maintenance Supervisor Williams were informed the
University is not in a position to send down such a team.
Commissioner Bird felt it was important that we write
the Judge that we have contacted the University and they
have declined to get involved, and we, therefore, suggest
going back to our original recommendation of a team of
doctors from the University of South Florida. He wished the
Judges to know that the Board is not holding up the process
and that we have explored the alternate they suggested.
Dr. Hardin reported that he had written the Judges in
this regard on April 8th. He further reported that we have
28
T
been turned down by Risk Management and then went back to
HRS to send a team over to make further tests. Dr. Hardin
then addressed the points raised in Judge Smith's letter one
by one, noting that we have been keeping after the doctors
but have not been able to get a team as requested; the tests
for formaldehyde have been requested, but we have not been
able to find anyone locally to do these tests for us. In
regard to the pigeon problem, the Audubon Society and Humane
Society have been contacted. The carpet has been removed
from the courtroom for three weeks, but there is no progress
in installing new carpet, and he has asked Courtney Storm of
1.
Housing & Urban Development to address the problem of what
could be installed that might not cause adverse effects.
Discussion then arose as to the glue remaining on the
floor and the Judges' reaction to that. Dr. Hardin reported
that the Judges are saying that it does affect their allergy
problems. In regard to'the Judge Smith's inquiry as to
progress on the fourth courtroom, he has been advised that
the architect is being selected.
Commissioner Lyons noted that in the area where the
fourth courtroom will be located, there -is already carpet on
the floor with which we have had no problems, and he felt it
should be left there.
Commissioner Fletcher asked if there is a possibility
we can buy a carpet that we can be guaranteed contains no
preservatives, etc.
Courtney Storm, who has had experience with Housing &
Urban Development, informed the Board it would be possible to
obtain a certified carpet which would meet HUD standards for
care of the elderly when put down with a non -allergenic pad.
This would not be installed with glue.
Commissioner Bird inquired about the cost of such a
pad,' and Mr. Storm could only say that it definitely would
cost more than glue.
29
APR 14 1982 �� 49 PAgE 383.
APR 141982
K 19 PAA 38
Mr. Storm continued that apparently in Judge
Stikelether's chambers and the County Courtroom even the
parquet floor has been taken up, and he did not see how you
could do anything more than install a non -allergenic pad and
put the certified carpet on top of it. He reported that he
has worked with HUD projects for the elderly and they'are
very stringent in their requirements.
Motion was made by Commissioner Fletcher, seconded by
Commissioner Lyons, to put down a non -allergenic pad and
carpet of a type approved by HUD in the County Courtroom
only; that area to remain isolated as per the Judge's
original request.
Chairman -Scurlock inquired about the glue on the jury
platform area, and -Maintenance Supervisor Williams stated
that they have not been able as yet to decide on a method to
remove it that might not cause the Judge further problems.
Chairman Scurlock stated that he favored returning one
courtroom as requested, and if this doesn't work, he felt it
will be the burden of the Judges to prove what is affecting
them. -
Commissioner Wodtke discussed the size of Judge
Stikelether's present office in the Welfare Building and
suggesting putting a piece of the certified carpet and non -
allergenic padding there to determine how it affects him
before spending all the money to carpet the entire
courtroom, moving jury boxes, etc.
Mr. Williams informed the Board that on March 9th he
visited the 2001 Building with Judge Stikelether where
arrangements had been made to lease the same space he
occupied for six months last summer, and within 15 minutes
both the Judge and Mrs. Edwards had a reaction. The Judge
called off the move to this location, and we relocated him
to the Welfare Building which has no carpet.
30
Discussion ensued on costs involved in experimenting
with a piece of carpet in the Welfare Building and how this
carpet could be salvaged after experimentation. Commissioner
Wodtke felt this could be handled by including in the bid
specifications that a piece will be supplied for
experimental purposes, and if this piece proved to be
satisfactory, he felt it could be utilized later in the
reception room of the Judge's Chambers.
After further discussion, Commissioners Fletcher and
Lyons agreed to modify their Motion to have a trial
installation of the certified carpet and non -allergenic pad
4
in the Judge's -office at the.Welfare Building; the, same
carpet to be moved to the Courthouse in the event it does
not cause any reactions.
Commissioner Fletcher suggested beginning to install
the certified carpet at the Courthouse in Judge
Stikelether's chambers first, but Chairman Scurlock pointed
out that the Judge then would not have isolated ingress and
egress to his office.
Discussion continued at length in regard to the method
to be used to remove the glue from the_jury box, i.e., by
sanding, solvent, etc., and Mr. Williams stated that his
crew' will get rid of the glue one way or the other, but if
they have to remove the floor, it will be an extensive
project. He personally felt we should remove the wood, but
this would necessitate taking apart the whole structure. He
did not feel the Judge would be satisfied with sanding.
Chairman Scurlock summarized the Motion on the floor,
which was to go through the bid process for the entire area,
put a piece of carpet and pad in the Judge's present office
in the Welfare Building to determine his reaction to it; if
it is satisfactory, then put it in the courtroom with
limited access to see how that works out.
31
Box 49 PnE 385
APR 141982
APR 141992
WK 49 P
Dr. Hardin requested that this be made an emergency bid
situation where he could just call local firms and get a
minimum of three bids, and Commissioners Fletcher and Lyons
agreed to make this part of their Motion.
The Chairman called for the question. It was voted on
and carried unanimously.
Commissioner Lyons stated that he would like to change,
his position slightly in regard to the pigeon problem.
Motion was made by Commissioner Lyons that the County
Maintenance Department be authorized to provide a scarecrow
to keep the pigeons off the roof as suggested by Judge
Smith.
Discussion followed as to changing the wording to
"apparatus" rather- than "scarecrow," and Commissioner
Fletcher agreed to second the Motion.
The Chairman called for the question. It was voted on
and defeated 2 to 3 with Commissioners Wodtke, Bird and
Chairman Scurlock voting in opposition.
Dr. Hardin reported that he has an additional request
from Judge Stikelether, which is that his assistant, Gina -
Edwards, be allotted $40.00 a month for mileage for driving
back and forth from his office to the City Hall, Community
Center, or wherever court is being held that day. Dr.
Hardin,stated that finding space to hold court has presented
quite a problem. The City has been very helpful, but we
have to pay $25.00 for the use of the Community Center. He
noted that Mrs. Edwards is entitled by State law to 20� per
mile, and she submitted a bill for 16 days which amounted to
a little over $4.00.
After further discussion, it was generally felt the
Board could not authorize such a payment on a lump sum
basis.
On Motion by Commissioner Wodtke, seconded by
Commissioner Lyons, the Board unanimously instructed that
32
the Judge have Mrs. Edwards continue on their current basis
of keeping a record of mileage and her bill will be paid
upon presentation per the State allotted method; we cannot
approve monthly allotments.
Commissioner Lyons inquired if we fix up Judge
Stikelether's quarters what that has to do with Judge Smith,
and Chairman Scurlock stated the impression he received was -
that if our renovation for Judge Stikelether was acceptable,
Judge Smith would want his carpet replaced with the same
material.
Commissioner Bird felt it is important that we reply to
Judge Smith's letter and felt.we should send copies to the
same people he has copied.
Chairman Scurlock stated that he will meet with the
Attorney, go over the Minutes, and correspond with the Judge
accordingly.
NORTH COUNTY FIRE DISTRICT MEETING
The Board of County Commissioners recessed at 11:35
o'clock A.M: in order that the District Board of Fire
Commissioners
of the North
Indian River County
Fire District
might meet.
Those Minutes
are being prepared
separately.
The Board of County Commissioners reconvened at 11:45
o'clock A.M. with the same members present.
OUT -OF -COUNTY TRAVEL - NATIONAL HURRICANE CONFERENCE
Commissioner Lyons informed the Board that, in his
opinion, the annual National Hurricane Conference is a very
worthwhile program, and he urged that other Commissioners
attend.
On Motion by Commissioner Bird, seconded by
Commissioner Lyons, the Board by a 4 to 1 vote, Commissioner
Fletcher voting in opposition, approved out -of -County travel
33
Box 49 P 38 7
APR 141982
APR 14 1982 49 388
for a representative of the Board to attend the National
Hurricane Conference in Orlando April 14-16, 1982. ORDINANCE
FOR COUNTY ORGANIZATION
Commissioner Lyons reviewed his memo and attachment as
follows:
• INDIAN RIVER COUNTY, FLORIDA
INTER - OFFICE MEMORANDUM
TO: Members of County Com- DATE: March 24, 2982 FILE:
mission ,
Attornev
Administrator
SUBJECT: Commission -
Administration
Relationship
FROM: P i ons REFERENCES:
The City of Vero Beach recently adopted a new Charter. Some
of the provisions could be.adopted by the County by Ordinance.
This could lead to greater stability in County Government.
I would suggest that we include Section 3.01 through Section
3.06 of Article 111 and Section 2.06 of Article 11, with
appropriate title changes.
Possibly you may want to include additional sections.
Section 2.05 - General Powers of City Council
All powers of the City shall be vested in the City Council
except those powers specifically given to the Charter Officers
or specifically reserved by this Charter to the electors of the
City.
Section 2.06 - Council -Employee Relationship
Neither the City Council nor any of its members shall in
any manner dictate the appointment or removal of any City employee
except the Charter Officers nor shall the Council or any of its
members give orders to any employee other than Council orders to
a Charter Officer. The Council or its members shall deal on all
matters through the appropriate Charter Officer.
Section 2.07 - Vacancies, Filling of Vacancies
(A) Vacancies. The office of a Councilman shall become
vacant in accor3�nce with general law or if a Councilman is
absent from four consecutive regular Council meetings without being
excused by Council prior to the' fourth consecutive absence.
(B) Filling_ of Vacancies. A vacancy on the Council shall
be filled by a majority vote of the remaining members of the
Council. A-LSy person appointed by Council to fill a vacancy shall
hold office until the next annual election in the City. If at
any time "the membership of the Council is. reduced to less thali a
quorum, the remaining member or members ntay by majority vote
appoint additional members in conformity With this section or
shall call for a special election to be held within 60 days from
the date of the vacancy which reduced the Council to less than a
quorum. In the event that all seats on the Council become vacant
the Governor shall appoint an interim Council which shall serve
until the next regular election.
Section 2:08 - City Council Meetinzs
(A) Time and Place. The Council shall meet regularly at
least -once a month at such times and places as the Council may
prescribe by rule. Special meetings may be held at the call of
the Mayor, or, in his absence,at the call of the Vice -Mayor_, or a
at the request of a majority of the Councilmen, and, whenever
practicable, shall provide for not less than twelve hours notice
to each member and the public. The first meeting of each newly
elected Council for induction into office shall be held at ten
o'clock in the morning on the day following the election.
.ARTICLE III - CHARTER OFFICERS
Section 3.01 - Designation
The City Manager, City Clerk, and City Attorney are
designated Charter Officers.
Section 3.02 - Appointment
The Charter Officers shall be appointed by the Council and
shall serve at the pleasure of the Council subject to the pro-
visions of Section 3.03 of this Article.
Section 3.03 - Removal
To remove a Charter Officer the Council shall adopt a pre-
liminary resolution stating reasons for the intended removal and
shall offer the Charter Officer an opportunity for a public hear-
ing before the Council on the matters raised by the resolution.
This preliminary resolution may also suspend the Charter Officer
from duty immediately with pay. The Charier Officer must accept
APR 14 1982 49 pay
APR 14 1982
BOOK 49 pn o
the offer of a public hearing or file a w:_itten response within
ten days of the adoption of the preliminary resolution or the
resolution becomes final at the expiration of this ten day period
and the Charter Officer is terminated on that date. If the public
hearing. is requested it shall be held not earlier than twenty days
nor later_ than thirty days after the adoption of the preliminary
resolution. After any such public hearing, or after consideration
of any written response, the Council shall. adopt a final resolution
of removal or let the preliminary resolution lapse.
Section 3.04 -__City Manager --Powers and Ditties
The City Manager when necessary shalt_ appoint, suspend, demote,
or dismiss any City employee under his jurisdiction in accordance
with law and the personnel rules, and may authorize any Department
I -lead to exercise these powers with respect to subordinates in that
department. The City Manager shall direct and supervise the
administration of all departments of the City except the Offices
of City Clerk and City Attorney and shall attend all Council meet-
ings unless excused by Council and shall have the right to take
part in discussions, but not vote. He shall see that all laws,
Charter provisions, ordinances, resolutions, and other acts of the
Council subject to enforcement by him are faithfully executed.
The City Manager shall also prepare and submit the annual budget,
budget message, and capital program to the Council, and shall keep
the Council fully advised as to the financial condition and future
needs of the City, and shall make such recommendations to the
Council concerning the affairs of the City as he deems desirable.
The City Manager shall designate a qualified City employee to
exercise the powers and perform the duties of City 2•.anager during
any temporary absence or disability of the City Manager. The
Council may revoke such designation at* any time .and appoint another
eligible person, other than a currently sitting Councilman, to
serve as Acting City Manager.
Section 3.05 - City Clerk --Powers and Duties
The City Clerk shall give notice of all City meetings to the
Councilmen and the public as required by law and shall attend all
such meetings in person' or by designee and shall keep minutes of
the proceedings. The City Clerk shall authenticate by signature
and be custodian of this Charter, all ordinances, resolutions, and
other City documents and'.shall perform such other duties as required
by law or by the Council. The City Clerk shall be the supervisor '
of elections for the City. The City Clerk when necessary shall
appoint, suspend, demote, or dismiss any employee in the Office of
the City Clerk in accordance with law and the personnel rules of
the City. The City Clerk shall prepare annual budgets for the
operation of the Office of the City Clerk and the City Council and
shall submit these budgets to the City Manager for inclusion in
the annual City budget in accordance with uniform City procedures.
Section 3.06 - City Attorney --Powers and Duties
The City Attorney shall be a member of the Florida Bar and
shall be the legal advisor to the City or Vero Beach. The City
Attorney or his designee shall attend all City Council meetings
and perform such professional duties as may be required of him by
law or by the Council. The City Attorney when necessary shall
appoint, suspend, demote, or dismiss any employee in the Office of
the City Attorney in accordance with law and the personnel rules
of the City. The City Attorney shall prepare an annual budget for
the operation of the Office of the City Attorney and shall submit
this budget to the City Manager for inclusion in the annual City
budget in -accordance with uniform City procedures.
Commissioner Lyons stated that he felt the City of Vero
Beach did a fine job with their Charter and he would like to
see the County adopt a similar organization policy using our
own titles.
Motion was made by Commissioner Fletcher, seconded by
Commissioner Lyons, that the Attorney be authorized to
translate the general recommendations re governmental
organization into County language and put it on the next
agenda for Board consideration.
Attorney Brandenburg stated there was not sufficient
time to have it on the next agenda, and it was agreed to
designate it for the meeting following the next agenda.
Commissioner Lyons commented that he wished to be sure
that we have the Board's relationships between the
Administrator, the Attorney, and the Board secretaries made
clear.
Attorney Brandenburg suggested that the proper place
for these items when they are translated is in the County
Administrative Ordinance.
Chairman Scurlock talked about the evaluation process
and stated that he had asked, back when the Administrative
Ordinance was presented, for clarification of our offices
and to have it made clear whether the Board secretaries work
for the Board or for the Administrator. He also suggested
that prior to budget sessions was the appropriate time for
evaluations of the Administrator, the Attorney and the Board
secretaries.
Commissioner Bird asked who would be doing these
evaluations, and Chairman Scurlock stated that was going to
be a recommendation from staff. In the case of the County
Administrator and Attorney, he believed it would have to be
the five Commissioners.
Commissioner Lyons felt it should be the same for the
Board secretaries.
APR 141982
37
BOK 49 PAAU .
p P R 14 1982 B ox 49 pw 392
Chairman Scurlock noted that there has been an
evaluation of Board secretary Liz Forlani through the
Personnel Department, but he did not believe that process is
very clean or clear, and we must have clear guidelines.
Commissioner Fletcher asked who has priority in
instructing the Board secretaries - whether the Board does
or the Administrator, and Commissioner Lyons stated that his
recommendation is that the Administrator, the Attorney and
the Board secretaries report directly to the Board of County
Commissioners.
The Chairman called for the question. It was voted on
and carried unanimously.
DISCUSS NEED FOR WAGE AND SALARY SURVEY
Commissioner Lyons commented that the matter of a wage
and salary survey has been more or less banging in the air
for some time, and this year particularly, he felt we should
know whether we are paying our County employees properly or
whether some changes should be made. He asked what steps
are being taken in regard to such a survey.
Assistant Administrator Greene stated that, assuming
staff is instructed to make a survey, he would recommend
hiring a consultant through the usual advertising process to
do an in-depth study and attempting to coordinate the survey
with the Constitutional Officers.
Commissioner Lyons stated that he wanted something done
to know how we stand sometime this year, and discussion
followed as to the possibility of obtaining continuing
services from Mr. Pelligrini of Cody & Associates, who did
our earlier survey and having that survey updated.
Assistant Administrator Greene concurred that particu-
larly with the changes and reorganization that has occurred,
we need to amend and update job descriptions to make
them current, but he still recommended that we prepare
specifications and seek competitive proposals through formal
38
advertising. He noted that we have the capability of doing
this survey in-house, but we presently are short of staff.
Commissioner Lyons felt a third party should do the
wage study rather than having it done in-house, and Chairman
Scurlock concurred.
Commissioner Fletcher inquired about the cost and the
scope of work, and Mr. Greene felt we are looking at a price
range of $10,000-$15,000. He believed it would take several
months.
Chairman Scurlock asked if Mr. Greene had a problem
with the original study, and Mr. Greene felt that the way it
was approached, it seems there were some inequities built
in, i.e., clerical staff seems to be out of balance compared
to some field employees, equipment operators, etc. He
firmly believed we need to take another look at this;
although, he did not feel that we necessarily need a full
bore study and possibly just some group sampling could be
done. Mr. Greene felt the same firm would be eligible to
submit a proposal also.
Commissioner Fletcher stated that he would like some
specifics from the Assistant Administrator on why he was
unhappy with the old study.
On Motion by Commissioner Fletcher, seconded by
Commissioner Lyons, that Board by a 4 to 1 vote,
Commissioner Bird voting in opposition, authorized the
Acting Administrator to entertain proposals for a consulting
firm to do a wage and salary survey analysis for the county
and to update the -existing study.
REPORT ON JAIL CONSTRUCTION & REQUEST FOR OUT -OF -COUNTY
TRAVEL
Commissioner Lyons reported that 15 proposals have been
received from architects interested in designing a jail, and
out of those, seven still are being considered. He
continued that he would like the Board to authorize
39 Boa 49 E39311
39
APR 14 1982
APR
141982
-PAE 394
out -of -county travel
for members of the sub -committee of the
Public Safety Committee to visit jails and study the various
construction used.
On Motion by Commissioner Lyons, seconded by
Commissioner Wodtke, the Board by a 4 to 1 vote,
Commissioner Fletcher voting in opposition, approved
out -of -County travel for Commissioner Lyons, Engineer Jim
Davis, Captain Baird and Art Scheeren, all members of the
sub -committee of the Public Safety Committee, to visit jails
in Gainesville and in Daytona Beach.
DISCUSSION RE LIGHT AT ENTRANCE TO MUELLER CENTER
Commissioner Wodtke wished to know if the Commission
would consider installation of a street light at the
entrance to Lundberg Road off of Kings Highway, the entrance
to the local branch of the community college, which is an
extremely dark corner located on the edge of a main canal.
He informed the Board that there are streetlights at the
intersection of 8th Street and Kings Highway, as well as
12th Street and Kings Highway, for which the County is
paying, and he believed we could justify the cost of a
Florida Power &,Light streetlight at the Mueller Center
intersection for the safety of the college students.
Commissioner Bird concurred and suggested having a
Motion to that effect.
Commissioner Lyons stated that he would prefer a Motion
to have this referred to the Transportation Planning
Committee so that a consistent policy could be formulated.
Commissioner Fletcher appreciated the desire for such a
light, but felt it could start a precedent. He believed the
college could afford the minimal cost of such a light.
Commissioner Wodtke pointed out that the light is
desired for the college and the safety of the public, and he
would not want it put there just to light someone's personal
property.
Discussion continued in regard to being consistent and
devising an overall policy. Commissioner Fletcher stated
that he felt the users should be the payers.
Motion was made by Commissioner Wodtke, seconded by
Commissioner Bird, to authorize the Administrator to have a
streetlight placed at the intersection of Lundberg Road and
Kings Highway. The Motion was voted on and defeated 2 to 3,
with Commissioners Lyons, Fletcher, and Chairman Scurlock
voting in opposition.
DISCUSSION/RE BUDGETS
Commissioner 'Wodtke reported that a Bill has been
passed by the Florida Legislature and signed by the Governor
which requires the Constitutional Officers and the Sheriff
to present their budgets for the following year no later
than May 1st. He, therefore, assumed we will be receiving
copies of their budgets within a couple of weeks and he did
not know whether they are aware of this requirement or not.
Assistant Administrator Greene believed that the
Finance Department has passed this information on to the
Constitutional Officers.
Chairman Scurlock stated that, while he realized we do
not have a lot of control over it, he would hope that the
Chief Finance Officer does not take his vacation during
budget sessions this year. He noted that he found it very
disturbing last year to be left with the second and third in
command during the budget sessions, especially as a new
Commissioner trying to become familiar with a new budget.
Commissioner Fletcher concurred.
Commissioner Lyons felt there also may be further
legislation whereby the budgets for Constitutional Officers,
including the Sheriff, are not final until after the budget
,r
41
APR 14 190 1 49 PnE 395
APR 141982 49
hearings, and he would like to have the Attorney follow up
and check this out.
Chairman Scurlock felt one further matter of importance
is that we do not disseminate salary increase information
before this Commission has started addressing it,.especially
since we now are involved in dealing with collective
bargaining.
GIFFORD PARK RESTROOM FACILITIES
Commissioner Bird reported that the Gifford Park is
receiving -very heavy use and the number one priority in the
eyes of the Gifford Recreation Committee, the Progressive
Civic League and the County Parks and Recreation Committee
is a restroom facility. Two Port -o -Lets have been left
there on an interim basis since last Labor Day. He noted
that we have about 12 years remaining on the lease of that
property with the Town of Indian River Shores. In this
year's Parks budget, there was $18,000 for construction of
a restroom facility at the 510 Wayside Park (Wabasso
Causeway). He believed it was Park Superintendent Cook's
-- idea that a restroom facility was needed in that area for'
fishermen and perhaps one is needed, but it appears that the
pressing need is.a restroom facility at Gifford. It is the
unanimous recommendation of the Parks and Recreation
Committee, the Progressive League, Superintendent Cook,
etc., that that $18,000 be expended to build restroom
facilities immediately at Gifford Park and the 510 Wayside
Park be considered in future budgets. They would like to
build some storage capability in the same facility since all
they now have is a temporary building donated by the
Catholic Church.
Motion was made by Commissioner Bird, seconded by
Commissioner Lyons, to instruct the County Engineer to
prepare construction drawings for restroom facilities at
Gifford Park, the funding to come from the present Park's
budget, not to exceed $18,000, and because of the
approaching summer and heavy use of the park, to further
instruct that some priority be set on this for the
Engineering Department.
Chairman Scurlock felt it would be appropriate to touch
base with the Town of Indian River Shores to see if we can
have an extension of that lease to get back to at least a
twenty year period.
Commissioner Bird and Commissioner Lyons agreed to add
that to the Motion on the floor.
Some discussion ensued on the possibility of connecting
these restrooms' to the County, sewer system rather than a
septic tank.
The Chairman called for the question. It was voted on
and carried unanimously.
Commissioner Lyons requested that the Recreation
Committee check and see what parks the County provides
lighting in. He wished to be sure that the Gifford Park
gets equal treatment.
REPORT ON GROVENOR PARK
Commissioner Bird reported that members of the Parks &
Recreation Committee took a field trip last week and visited
Grovenor Park. This park dates back to when the County
required developers to deed land within a subdivison for
parks, and it consists of approximately seven or eight
acres, 90% of it being taken up by a lake fed by a flow
well. There is a little dry land on the edge of the lake
that has been used as a public park. but it has no
facilities. The County a few years ago erected a sign
stating that no unauthorized swimming was allowed in this
lake. Commissioner Bird continued that he has received a
letter from a resident of the area with about 50 signatures,
complaining that there is a lot of partying going on there
after hours and then the partyers race around the
rin
43 nm 49 PnE IN 7
APR 141982 _
r a�oK�
PR 141982 49�
neighborhood in their cars and motorcycles. The residents
feel two things are necessary - one,.posting a sign closing
the park at sundown to open at daybreak, and two, placing
logs to outline the area so that four-wheel drive vehicles,
etc., cannot go into the lake. It was the recommendation of
the committee on site to instruct the Administrator to post
signs stating the park closes at sundown, but it was felt
that placement of logs as requested could pose some
problems. Commissioner Bird noted that actually we have
heard only one side of the story, but the neighbors feel it
is a nuisance.
Motion was made by Commissioner Wodtke, seconded by
Commissioner Lyons, to instruct the Administrator to post
signs at Grovenor Park stating that it closes at sundown and
opens at daybreak.
Commissioner Fletcher discussed opening the lake to
swimming, but it was felt this would put too much liability
on the County.
The Chairman called for the question. It was voted on
and carried unanimously.
REPORT ON DONALD MAC DONALD PARK
Commissioner,Bird referred to previous discussions held
with Forester -Van Hoek and Parks Superintendent Cook in
regard to closing Donald MacDonald Park for overnight
camping. He noted that the park is a very primitive passive
area for overnight campsites and really doesn't have much
benefit as a daytime ark only. Forester Van Hoek
Y P Y
emphasized that his Department does not have the money to
replace what is broken by vandalism let alone the money for
continuous maintenance.
Commissioner Bird reported that he now feels strongly
that we should make every attempt to keep that park open for
campsites since it is the only place where someone can go
and camp in the County. He pointed, out that we have an
44
agreement with the Forestry Department that says they will
develop and maintain the park; they do not have enough money
to hold up their end of the bargain, and he felt we should
write the Governor, enclosing a copy of the agreement, to
make him aware that the State Agency is not able to keep up
their end of the agreement. Commissioner Bird reported that
the camping fees collected, which are sent to Tallahassee,
amount to approximately $3,500 yearly. He felt we certainly
would like to see those camping fees remain in the park,
plus whatever additional fees are needed. Another thing
very obvious is that regardless of what we spend, we will be
throwing the money away unless we make provision for full
time supervision and maintenance. We need a gate structure
to secure the park and provide a check-in and check-out
situation and this needs to be manned on a 24 hour basis.
The Forestry Division cannot do this since they must be able
to leave to fight fires when necessary. Commissioner Bird
emphasized that we have an agreement with the State which is
not being honored, and at present the park is a disgrace to
the county and the state.
On Motion by Commissioner Lyons, seconded by
Commissioner Wodtke, the Board unanimously authorized the
Chairman to sign an appropriate letter to the Governor as
recommended by the Parks & Recreation Committee.
SOUTH COUNTY FIRE DISTRICT
The Chairman announced that a meeting of the District
Board of Fire Commissioners of the South Indian River County
Fire District would be held promptly upon adjournment of the
meeting of the Board of County Commissioners.
45
49
APR 14 1982 EBF 3g9
APR 141g82 x ,49- ON
There being no further business to come before the
meeting, on Motion made, seconded and carried, the Board
adjourned at 12:32 o'clock P.M.
Attest:
Clerk Chairman
A
46