HomeMy WebLinkAbout2/16/1983Wednesday, February 16, 1983
The Board of County Commissioners of Indian River
County, Florida, met in Regular Session at the County
Commission Chambers, 1840 25th Street, Vero Beach, Florida,
on Wednesday, February 16, 1983, at 8:30 o'clock A.M.
Present were Richard N. Bird, Chairman; Don C. Scurlock,
Jr., Vice Chairman; Patrick B. Lyons, and William C. Wodtke,
Jr. Also present were Michael J. Wright, County Administra-
tor; L. S. "Tommy" Thomas,"Community Services Director; Gary
Brandenburg, Attorney to the Board of County Commissioners;
Jeffrey K. Barton, Finance Director; Dp.,n Fleischman,
Bailiff; Barbara Bonnah and Virginia Hargreaves, Deputy
Clerks.
Alfred Grover Fletcher was not present due to his
resignation from the Board of County Commissioners,
effective February 7, 1983, as follows:
P. 0. Box 276
Roseland, Florida 32957
February 7, 1983
Governor Bob Graham
The Capitol
Tallahassee, Florida
Re: Resignation from Office of Indian River County Commissioner
for District #1
Dear Governor Graham:
Please be advised that as of February 7, 1983, 1 irrevocably
resign as Indian River County Commissioner for District #1. I was
elected to this.office on November 4, 1980.
This decision is made after careful consideration; and after
weighing both personal and family. goals, I have reached the
conclusion that I no longer can expend the energy necessary to
represent my County to the level it requires.
Respectfully submitted,
Al red Grover Fletcher
County Commissioner
District #1
FEB 4 6 1983 fACE76
8 16 1983770
The Chairman called the meeting to order.
Reverend Robert Dickensen, Asbury United Methodist
Church, gave the invocation and Commissioner Lyons led the
Pledge of Allegiance to the Flag.
ADDITONS TO AGENDA
The Chairman asked if there were any additions to the
agenda.
Commissioner Lyons requested a discussion on Treasure
Coast Sewage Plant be added to the Agenda.
ON MOTION MADE by Commissioner Lyons,
SECONDED by Commissioner Scurlock,,.
the Board unanimously agreed to place
the -above emergency item on the Agenda.
Commissioner Scurlock requested a discussion re the
Regional Planning Council wetland and deepwater habitat
policy be added. This relates to the endeavor to identify
Sebastian River as an aquatic preserve.
ON MOTION MADE by Commissioner Scurlock,
SECONDED by Commissioner Wodtke, the
Board unanimously agreed to place the
above item on today's Agenda.
Administrator Wright requested a discussion be added to
the Agenda re withdrawal of the Walker Tract from those
properties being considered for beach acquisition.
ON MOTION MADE by Commissioner Lyons,
SECONDED by Commissioner Scurlock, the
Board unanimously agreed to place the
above item on today's Agenda.
2
Administrator Wright requested a verbal report by
Public Works Director Davis on the 8th Street extension
project be added to the Agenda.
ON MOTION MADE by Commissioner Lyons,
SECONDED by Commissioner Scurlock, the
Board unanimously agreed to place the
above report on the Agenda.
Chairman Bird requested a discussion of problems re
Sebastian Inlet State Park be added to the Agenda.
ON MOTION MADE by Commissioner Lyons,
SECONDED by Commissioner Wodtke, the
Board unanimously agreed to place the
above item on the Agenda.
DELETIONS FROM THE AGENDA
Administrator Wright asked that Item 11-A re award of
bid, South Beach Water Improvements, be deleted from the
Agenda.
z
ON MOTION MADE by Commissioner Lyons,
SECONDED by Commissioner Scurlock,the
Board unanimously agreed to delete the
matter of bid award on South Beach Water
Improvements from today's agenda.
Attorney Brandenburg requested that items D-1 and D-2,
relating to demolition of -hazardous structures, be
designated time certain items at 11;30 a.m. under County
Attorney's matters.
3
FEB 16 1983 ` 52 *771'
FEB 16 1933 52 772
ON MOTION MADE by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the Board
unanimously agreed to the above designated
time certain items.
APPROVAL OF MINUTES
The Chairman asked if there were any additions or
corrections to the Minutes of the Regular Meeting of January
19, 1983.
Chairman Bird noted that on Page 90, the Minutes read,
"we would participate in the third funding level", and this
should be corrected to read, "at the one-third funding
level."
Z
This correction having been made, ON MOTION
MADE by Commissioner Scurlock, SECONDED by
Commissioner Wodtke, the Board unanimously
approved the Minutes of January 19, 1983, as
written.
CLERK TO THE BOARD
Approval of Budget Amendment re Supervisor of Elections
Capital Equipment for Computer Conversion
The Board reviewed the following memo:
4
To:
From:
Re:
February 9, 1983
Board of County Commissioners
Jeffrey K. Barton, Finance Director
Supervisor of Elections
The following budget amendment is due to the conversion to the computor
for Voters Registration. These items are necessary
to complete this pro-
ject and were not included
in the budget which will
save the hiring of
additional personnel to continue
the manual system.
The items necessary are:
2 CRT Turntables @ $75.00
each $150.00
3 CRT Shades @ $85.00
each = .$255.00
2 CRT Stands @ $280.00
each $560.00
1 Forms Rack @ $500.00
each _ $500.00
1 Line Printer
$5,000.00 .
1 Diobold File
_ $6,500.00
Account Title
Account Number
Increase Decrease
Other Operating Supplies
001-700-519-35.29
405.
B.C.C. Contingencies
001-199-513-99.91
405.
Office Equipment
102-700-519-66.41
12,560_
B.C.C. Contingencies
102-199-584-99.91
12,560.
ON MOTION MADE by Commissioner Scurlock,
,.SECONDED by Commissioner Lyons, the Board
unanimously approved the above budget amend-
ment as recommended by the Finance Director.
Commissioner Wodtke requested that in the future the
amount remaining in the B.C.C. contingencies account be
shown at the bottom of the page -of a proposed budget
amendment, and Finance Director Barton agreed they would
start including the running balance*.
CONSENT AGENDA
Administrator Wright requested that Item B. be -removed
from the Consent Agenda at this time and Commissioner Wodtke
requested Item D. also be removed from the Consent Agenda.
5
FEB 16 1983 $ W-774,.,
A. Approval of release of cash bond for paving of road
between 36th Street and Barber Avenue - Ralmar Associates
The Board reviewed the following staff recommendation:
TO: The Honorable Members of DATE: February 2, 1983 FILE:
the Board of County Commissioners
i
THROUGH: SUBJECT: Request to Release Cash
Michael Wright, Bond for Paving of Road
County Administr for Between'36th Street and
Barber Avenue - Ralmar
Associates
E. Davis, P.E. v
REFERENCES:Letter Robert Jackson to
FROM: James
Public Works Director.1 Christopher J. Paull
dated January 24, 1983
DESCRIPTION AND CONDITIONS
During February, 1980, Ralmar Associates submitted a $1,000. cash
.bond to insure the paving of a portion of the Ralmar Associates
Road where it connects to Barber Avenue. All construction has
been completed and inspected*by the Public Works Division. By
letter from Attorney Robert Jackson, representing Ralmar Associates,
it is also requested that interest be paid on the $1,000. bond.
ALTERNATIVES AND ANALYSIS
Since the work has been completed, release of the bond is justified.
However, at the time the bond was submitted, there was no indication
in the County files that interest on the bond was originally requested
at the time the bond was accepted. Recent County policy requires
this 3tequest for interest at the time the bond is received, and then
a past book rate is County policy.
RECOM�TENDATIONS AND FUNDING
It is recommended that the Board of County Commissioners approve release
of the $1,000. cash bond to Ralmar Associates, but that no interest
be included with the release. Funding to be from the County's Es -crow
Account.''
ON MOTION MADE by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the Board
unanimously approved release of Ralmar
Associates cash bond as recommended above.
C.
B.Approval of Application for Funds - Housing Rehabilita-
tion Program
The Board reviewed the following memorandum:
TO: The Honorable Members of DATE: February 8, 1983
The Board of County Commissioners
THROUGH: Michael Zwright .
County Administrator
SUBJECT: Application for Funds to
Implement a Housing Rehabilitati::
Program through Community Servic,
Block Grant Funds to Assist Iow-
�� Income Families
FROM: Edward J .egan 'REFERENCES:
Executive rector
IRC Housing Authority
It is recommended that the data herein presented be given formal
consideration by the County Commission.
DESCRIPTION AND CONDITIONS
State of Florida Department of Community Affairs will accept applica-
tions through March 1, 1983, for projects to be funded through Commun-
ity Service Block Grant (CSBG) for local projects to assist low-income
individuals. The grants will be for the six-month period from April
1st, 1983, through September 30th, 1983.
Because of a change in federal law, only one-fifth of the funding
originally legislated for local government applications will be avail-
able in Florida this year. Our pro rata share for the period indicated
is $7,158. Each application must be accompanied by a resolution of
support from a local government which indicates that the application
has been approved by official action. Non-profit agencies may apply
as a subgrantee of a local government.
The Indian River County Housing Authority is preparing an application
which provides "activities designed to assist low-income participants
and the elderly poor to . maintain adequate housing in a
suitable living environment".
Since -the moneys available are limited, we recommend that the fund be
used to activate the existing Farm Home Administration's Section 504
program which provides housing rehabilitation funds in the form of
(1) low interest loans; (2) loans and grants; and (3) grants to the
elderly. These funds are not currently being,utilized in Indian River
County for lack of rehabilitation consulting services. The applica-
tion will make provision for the following scope of services
(1) Inform the public of the sources of funds for rehabilitation
of housing for low-income families;
(2) Advise an applicant relative to proposed rehabilitation;
7
B 1; C: j
775 .
FEB 6 1983
(3)
E776 -
Advise the applicant as to the methods of funding available
to him;
(4) Assist the individual in making formal application to the
Farm Home Administration and alternate sources;
(5) Advise the applicant relative to contracting the work;
(6) Advise the owner as to contract compliance.
ALTERNATIVES AND ANALYSIS
There is currently no rehabilitation consulting service available to
home owners who have a low income or are elderly. The Farm Home
Administration supervisor along with an aide are required to cover a
four -county area with a multiplicity of programs. Their Section 504
program is funded but not accessible to applicants in the normal
course of activities.
In Indian River County there are 367 low-income owner -occupied homes,
of which 140 families are elderly. Funds not applied for from the
Community Service Block Grant program are redistributed among the
counties that make application. A copy of the General Information
and Fund Allocations by County are attached.
RECOMMENDATION AND FUNDING r
We respectfully request that the Commission authorize a resolution
for a Community Service Block Grant to implement a housing rehabili-
tation program to assist low-income families and authorize its Chair-
man to execute a formal application to the State of Florida Department
Of Community Affairs.
With $7,158 we can implement a housing rehabilitation program that
will provide approximately 300 hours of the services cited. This
start-up program would bring about improvement of safety and sanita-
tion for 16 home -owners. It is estimated that the average cost of
the improvements would be approximate)
under this block grant would be supplementedOwithr$ 0,000 fromunit. The$the58
Farm Home Administration Section 504. _
We understand that a subgrantee is eligible for 15% of a grant for
administration. This pilot program will require no additional County
funds.
MOTION WAS MADE by Commissioner Scurlock,
SECONDED by Commissioner Wodtke, that the
Board approve adoption of Resolution 83-14
for a Community'Service Block Grant to
implement a housing rehabilitation program
to assist low-income families and authorize
the Chairman to execute a formal application
to the State of Florida Dept. of Community
Affairs.
Edward Regan, Executive Director, IRC Housing
Authority, addressed the Board and explained the monies
8
r
involved in implementing a Housing Rehabilitation Program
through Community Service Block Grant Funds to assist
low-income families.
Finance Director Barton asked i
e f the $7,158 figure was
what they were asking from the Board. Mr. Regan ansred
"no, it would be a grant."
FEB 16 T98S
Chairman Bird CALLED FOR THE QUESTION.
It was voted on and carried 4-0.
RESOLUTION NO. 83-14
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE
CHAIRMAN OF THE BOARD TO EXECUTE AN APPLICATION FOR
A COMMUNITY SERVICE BLOCK GRANT TO IMPLEMENT A
HOUSING REHABILITATION PROGRAM TO ASSIST LOW INCOME
FAMILIES.TO THE STATE OF FLORIDA DEPARTMENT OF
COMMUNITY•AFFAIRS.
WHEREAS, the Board of County Commissioners of Indian
River County has reviewed this proposal and has received the
' recommendation from the Executive Director of the Indian River
County Housing•Authority.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the Chairman
and the Clerk of the Board of County Commissioners are authorized
to execute the attached application to the State of Florida
Department of Community Affairs for a Community Service Block
Grant Program.
The foregoing resolution was offered -by Commissioner
Scurlock who moved its adoption. The motion was seconded by
Commissioner Wodtke and, upon being put to a vote, the vote was as
follows:
Chairman Richard N. Bird - Aye
Vice -Chairman Don C. Scurlock, Jr. - Aye
Commissioner Patrick B. Lyons - Aye
Commissioner William C. Wodtke, Jr. - Aye,.
The Chairman thereupon declared the resolution duly
pasted; and adopted this 16th day of February, 1983.
r ! 1
FREDA WRIGHT, C� rk
APPROVED J
/$�TO O
AND LE ENCY
. BRAND BURG
AttornxW
s
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
r'
RICHARD N. BIRD
Chairman
10
CSBG APPLICATION
STATEMENT OF ASSURANCES
Page `--- of 1---0—.�.-
The applicant hereby assures and.certifies as a condition of receipt of Community
Services Block Grant (CSBG) funds, that' -it and its subgrantees will comply with
the requirements of Federal and State laws, rules, regulations and guidelines. As
a part -of this application and as a part of acceptance and use of CS I; fucMs, the
applicant assures and certifies that:"
1. It possesses legal authority to apply for the grant, that the application
has been approved by the applicant's governing body, including all assurances
contained herein.
2. :It will utlH ie `dSeG•funds to provide a range of services and activities
i'having measurable and potentially major impact on causes of poverty in the
community and those areas of the community where poverty,is a particularly
acute problem. ,
3. In the case of a• community action agency or non-profi.t private organization,
it assures and provides documentation that each hoard of Directors is con-
stituted so that:
a. one-third of the members of the board are elected pubic officials
currently holding office or their representatives, except that if
the number of elected officials reasonably. available and willing to
serve is less than one-thyrd of the membership of the board, member-
ship on the board of appointive,public officials may be counted in
meeting such one-third requiremgnt.
ba at least one-third of the members of the board are persons chosen in
accordance.with democratic selection procedures adequate to assure
* that they are representatives of the poor in the area served; and
C. the remainder of"the members of the board are officials or members
of business, labor, industry, religious; welfare; eiiucatidn;'or other
major groups and interests in the"community.
4. In the case of a seasonal and migrant farmworker organization, it assures
and provides documentation that the Board of Directors consists of at least
51% representatives of seasonal and migrant farmworkers.
5. Funds will not be used for political -'activities and will prohibit any activities
to provide voters and prospective voters with transportation to the pulls or
provide similiar assistance in connection with an election or any voter
registration activity. "
6. It will provide.for coordination among antipoverty programs•in each comounity,
where appropriate, with emergency energy crisis intervention programs under
Title XXVI of the Low -Income Home Energy Assistance Act conducted in each
community. ,
7. -it possesses the sound fiscal control and -fund accounting procedures necessary
to assure the proper disbursal of and accounting for Federal funds received
under the Community Services Block Grant.
8. It will permit and cooperate with Federal and State investigations designed
to evaluate compliance with the law.
9. It will give the Department, the Auditor General or any authorized representa-
tive complete access -to examine all records, books, papers, or documents
related to the grant, including those of any subgrantee.
10. It will, in accordance -with Florida Statutes and Section 677 of}Public Law 97-35,
comply with non-discrimination provisions.
11. it will comply with the match requirements of the CSBG and maintain verification
of type and source.
FEB 16 1983 .__
r F E B 16 1933
Page 2 of 80
ASSURANCES ('continued)
12. It will comply with Section 680 of Public Law 97-35 which prohibits use
of CSBG funds for purchase or improvement of land or the purchase,
construction, or permanent improvement (other than low-cost residential
j weatherizat-ion or other energy related home repairs) of any building or
other facility.
13. It will comply with the CSBG Administrati.ve Rule which provides that CSBG
administrative expenses shall not exceed a maximum of fifteen -percent of
the total CSBG funding.
14. If the applicant requests secondary administrative costs, it will provide
substantial documentation that these costs are justified and support
eligible Block Grant activities.
15. This application and its various sections, including budget data, are
' true and correet. This application will, become
between the Department'and the Applicant. Part of this contract
1�. This Agreement has been a .
and the officer listed belowoisdduly tauthorizedntobsign bth•isfAgreementicial .on
i
Chairman of the Board of County
Commissioners of Indian River
Richard N. Bird County, Florida
Type Name of Authorized Official Title
ue ..;�%�� > .Z
,(Signature of Authorized Official"(Date
::i?rJ' t•�.+TM= 'f'•":•-.;, •t,:•..tea:,:.4,.a„,i�..
Aprrc.l:-u11r, to ir'r'l'
and ka k
sulXl��t Attestpd by
PY
;j C;1r1' i�l. - X111 CnLUrQ :
Freda Wrig'f: h ==- Clerk of
� „�c,arr;r,.,�•,.'Circuit Court, Indian River
Type NamF of WitnSs Title unty
per Virginia Hargreaves, Deputy Cler
' l/ � •..cwt. •�' ,•
15 gnat e of Witness Date
Z
- AC.000NTWS i,;, CERTIFICATION
1NSTRUCTIOUS:
Page . 3 of 10
I. Complete Section I OR'Section II (Requirement for ALL Applicants)
2. Attach a -copy of an Audit Report completed for your organization by an
independent.Accounting firm. This report must have been completed
not more than twelve (12) months prior to the date of application. (Requirement
or Community Action Agencies, Limited Purpose Agencies, and mig-rant/seasonal
farmworker organizations ONLY.)
i
SECTIONII - STATEMENT OF PUBLIC FINANCIAL OFFICER (To be completed only if
Applicant 'is a public agency local government; or when the accounting
system of a private non-profit agency will be maintained -by a public
agency.)
I am the Chief Financial Officer of Indian River Count
Type Name of Local Government
and, in 'this capacity, 1 will be responsible for providing financial services
adequate to insure the establishment and maintenance of an accounting ,ystem for
Indian River i s a public Count which
Name o Applicant
(or non-profit) agency or local government charged with carrying out a program(s)
under the Community Services Block Grant.in -It-dian River C t
Name of Community
The accounting system will have internal controls adequate to safeguard the assets
of such agendW es), check the accuracy and reliability of accounting data, promote -
operating efficiency, and .encourage compliance with prescribed management policies
° of the agency0es) .
.Indian River County
(Type Name of Local Government)
Jeff Barton �3
Type Name of Chief Financial Off* er) Date
--- -
1305-567-8000
(S (Signat f Chi nancial Officer) Te I ephone
71:4.s'��'rr....'+.m'5:»h*,33•'tdG.r'�:1_1�Y�1
SECTION If - STATEMENT OF CERTIFIES? PUBLIC ACCOUNTANT (To be completed only if
Applicant is a private non -pro ' agency; or a public agency whose
accounting system will not be maintained by a public agency.)
I am a certified or duly licensed public accountant.and have been engaged to
examine and report on the financial accounts of the
which is a private nog -profit organ -
(Name of Applicant
ization (or public agency) carrying out a program(s) under the Community Services
Block Grant in 'I have reviewed
Name of Community
the accounting system that this agency has established and, in my opinion, it
includes internal controls adecuate to safeguard the assets of the agency, check
the accuracy and reliability of accounting data, promote operating efficiency, and
encourage compliance with prescribed• management policies of the agency.
(Type Name of Firm)
(Type Name of Accountant
0
Date
(Signature of Accountant) Tei o e): `
FEB. 16 193 s x rAt ,
r FEB 16 1933
:ate raf
Page' 4 of 10
STATE OF FLORIDA }
c POSTMARK DATE
DEPARTMENT OF COMMUNITY AFFAIRS N GRANT NUMBER
DIVISION OF LOCAL RESOURCE MANAGEMENT a ALLOCATION. AMOUNT $
o DATE APPROVED
BLOCK GRANT ASSISTANCE.SECTIORt -GRANT PERIOD r0_
COMMUNITY -SERVICES BLOCK GRANT APPLICATION
INSTRUCTIONS: Please comnlerp aii ..m..,.. :.. «L:_
o- ---- . �i-- -I - -rr .. w rvu1
organization, If
y part does not apply, write N/A
1. GENERAL ADMINISTRATIVE INFORMATION .
a. Are you applying a$: /X Local Government /_7 Eligible Entity
(Check ONE box only') /% Migrant or Seasonal Farmworker Organization
b. Name of Applicant: Indian River County
c. Applicant's Address: 1840 25th Street X
County: Indian River _ City: Vero Beach Zip Code: 32960
d, Applicant's Mailing Address (if different from above):
Atten.t4on : Indian River County Housing Authority _ Zip Code:
Suir_pe S-321
e. Contact Person: Edward J. Regan Title: Executive `Director
f. Telephone Number: 305-567-8000; Extension 322
g. 'Chief Official or Executive Director's Name: Edward J . Reizan
h. Applicant Tax Exempt Number: 03 0001705 41
11• SUBGRANTEE INFORMATION
a. Will these funds be transferred to.a-subgrantee? Yes 1-7 No
b. If'Yes, list the subgrantees in alphabetical order:
Indian Ri. er County Housing Authority'
., ._-.... , . -.---
APPLICANT:
Indian
River
County��
SUBGRANTEE:
Indian
River
Coup Housing Authority Page 5 of 10
JIV.PRO.SLEM STATEMENT/PROPOSED SOLUTIONS
INSTRUCTIONS: Make multiple copies of this page, For EACH problem or need that you plan to
address with CSBG funds, please answer on this form questibis one through fiv
Each problem or need you identify must relate to the program areas and objec-
tives in your*CSBG Work Plan, Each question must be answered for this appli-
cation to be considered complete. Please be specific.
• .IONS
I. State the specific problem or need that you plan to address with. CSBG funds.
Our object is to assist families in attaining and maintaining adequate housing and a suitable
I living envisoment. Thera. are 315 cwner� occupied..subslsandard housing units suitable for reha-
bilitation in Indian River County. Low-income and elderly families lack the money to make
their homes safe and saniCary.
This Pilot Housing Rehabilitation Program will start in one of the oldest mUtority areas of
Gifford known as Geoffrey Subdivision. 'There are 98 dwelling units in the Subdivision, most
of which are substandard. Approximately -21 units,,are owner -occupied. We plan to assist 16
low-income and elderly owners in bringing their homes up to safe and'sanitary standards.
2. List the factors or conditions confribu.ting to this problem or need.
Ian River County depends primarily on the citrus agro and tourist industries for employment,
se industries are seasonal and subject to adverse weather conditions, Low -skilled minim a„
ed employees are subject to spasmodic employment patterns. Piper Aircraft, a major indus-
al employer of the skilled and semi -skilled employees; -is subject to cyclical layoffs
ending on the national economy. Low-income families -do not have the opportunity to accrue
ds for maintenance and replacement of housing components. Illustrative is a current
nployment rate -of 14.2%. In addition, we have 140 elderly -owner -occupied low-income
seholds in the County. . ,
3. Are there any other programs. currently operating in -your area which address this peoblem?
YES 1-77 NO
If yes, how will'CSSG funds be used in order to ensure non -duplication of services?
.e ..1.. - ...0 . ,,,,rnr,,,,e,r ,, g,r ,-*gM+rHr -- a - - . i. - s
4. How do you propose to alleviate or reduce the problem? This must correlate with the
the objectives and anticipated impact on the poverty problem identified in the CSBG
Work Plan.
will provide rehabilitation consulting services which will activate rehabilitation funding.
om private, institutional and governmental sources. The Farmers Home Administration Section
4 Program provides housing rehabilitation funds in the form of (1) low-interest loans,
) loans and 'grants, .and (3) grants to the elderly. These funds. are not being adequately
ilized in Indian River County for lack of rehabilitation consulting,services. This start-up
gram will bring about improvement of safety and sanitation for 16 home -owners. The average
st of improvements will be approximately $2,000 per unit. The .$7,158 on the Grant plus
,842 of cash and in-kind contribution would be supplemented with about $3,200 in loans and
snt from the Farmers Home Administration Section 504.
S. Identify the Program Area in your CS8G Work Plan that addresses
Services
Program Area: Housing Rehabilitation Consulting / Work Plan
this problem or need.
Page: 1
FEB16
1983
5
APPLICANT: Indian River Count
SUDGRANTEE (If any): Indian River Count - using Authorit
PROGRAM AREA:.
(6) OBJECTIVE(S) and (7) SPECIFIC IMPACT
ON POVERTY FOR EACH
Consulting Services
1 Outreachprogram to inform residenabout ser-
vices and sources of funds.
I.1 306 Residences in project area; 97.6% are low/
moderate income category. There are 98 housing
.units of which approximately 21 are owner -
occupied substandard households.
2 'se applicants about rehabilitation
ibility.
2 Avise 21 owners and estimate cost of rehabili-
tation.
3 Assist the individual in maki
tion for funding. ng formal applica-
3 Secure funding for 16 low-income or elderly
households.
Advise the applicant relative to contracting
the work.
A se 21 households on contracting work.
Advise the owner as to contract compliance.
`111is pilot: program will improve the safety and
sanitation of 16 owner -occupied residences.
CSBG WORK PLAN
Page 6 of 10
- d
Geoffrey Subdivision, unincorporated
(3) GEOGRAPHIC AREA TO BE SERVED: southeast Gifford, Indian River Coun
(5) CSOG AMOUNT BUDGETED FOR THIS PROGRAM AREA: $ 7,158 C�
(8)
ACTIVITIES
M STARTING
(10)ENDING (11) DCA USE ONLY
,,,�--�•
DATE
DATE
6.1 Identify law -income -owner -occupied substandard
residences that may require rehabilitation.
4-1-$3
7_15_83
6.1.2 Circularize residences describing the general
4-18-83
7-24-83
nature of the rehabilitative services availabl.
6.1.3 Door to door visitations io
owner -occupied res
idences to discuss the services and sources of
4-18-83
7-24-83
funds available.
6.1.4 Follow up on visits to establish confidence in
the
5-2-83
8-19-83
program on the part of the owners.
6.2.1 Inspect applicant's premises to determine the
5-2-83
9-2-83
nature of the need for rehabilitation.
6.2.2 Estimate the cost of the rehabilitation.
6.2.3 Advise applicant
5-2-83.
9_2_83
as to funding options avail-
able to him
5-16-83
9-2_83
6.3.1 Assemble loan application forms required from
individual, institutional
4•-1-83
9-2-83
and governmental
sources.
6.3.2 Advise applicant on assembl%ng information
required.
4-18-83
9-2-83
6.3.3 When necessary, fill out the application for
the applicant's
4=18-83 -
9-2-83
approval and signature.
6.4.1 Assemble a list of qualified licensed contract
6.4.2 Encourage applicant to
rs. 4-1-83
9-2-83 -
seek estimates.
6.4.3 Review estimates with applicant.
4-18-83
9-2-83
6.4.4 Review proposed contract.
4-18-83
9-2-83
6.4.5 A6jise applicant as to permit requirements.
4-18-83
4-18-83
9-2-83
9-30-83
5.5.1 Inspect the.work with the homeowner to
determine contract compliance.
5-2'83
9-3Q-83
11
CS8GOR_KPLAN INSTRUCTIONS
GENERAL INSTRUCTIONS: Make multiple copies of the WORK PLAN form for completion by the
APPLICANT and all potential SUBGRANTEES. Work Plan objectives and activities must correlas
with the information provided in the Problems/Solutions section. All work plans must be
typed. BE SURE TO COMPLETE AT LEAST ONE PAGE OF THE WORK PROGRAM FOR.EJH PROGRAMAREA THAT IS IDENTIFIED.
(items #1 and #2) APPLICANT SUBGRANTEE: Enter the name of the agency,/lrcal government
making application in line 11. Enter the name of the subgrantee in line 2 only on the
subgrantee's work plan. EACH SUBGRANTEE IS RESPONSIBLE FOR FILLING OUT A SEPARATE WORK
PLAN.
(Item ;3) PROGRAM AREA - Enter the appropriate Program Area (e.g. Housing, Transportation,
Employment, CSBG Program Administration, Food and Nutrition, etc.) that you intend to fund
with CS8G monies. IF YOU PLAN TO USE CSBG FUNDS FOR SECONDARY ADMINISTRATIVE EXPENSES",
YOU MUST COMPLETE A.SEPARATE PAGE OF THE WORK PLAN FOR EACH PROGRAM WHICH YOU SUPPORT"THROI
SECONDARY EXPENSES. The Program Area line must specify. the exact program. Fo r'Example
DOE/WEATHERIIATION - SECONDARYADMINISTRATIVE EXPENSES.
(Item #4) GEOGRAPHIC AREA TO BE SERVED - Identify specific areas (neighborhood, city, count;
etc.) to be served -and impacted by your proposed objective.
(item #5) CSBG AMOUNT BUDGETED FOR THIS PROGRAM AREA - indicate amount of CS8G dollars that
plan to spend on this program. The sum of ail these amounts should total your Pro ram Budge
Total. _
(Item 416) OBJECTIVE(S)-Number each objective. Each objective must state_ a quant flab r.
measurable expected result within a specific time frame. Every objective you identify"
must relate to the problems or needs you identified in the Problems/Solutions Part of this
application Example.
Objective #I To secure employment for at least 25 elderly heads of households before
March 31, 1983.
a
(Item #7) ANTICIPATED IMPACT ON POVERTY PROBLEM(S) - Indicate HOW your proposed objective
will alleviate the prodFems you identified in t e Problems/Solutions Section. Following
the sample objective given above, the Anticipated Impact(s) of that objective might be:
Example:
I
By accomplishing this objective, 25 families will earn enough money to
support Chuwiselves. This will result in: (1) having approximately 125
less peraons receiving public assistance in the target area; (2) increas-
ing ecopf.unic growth in the community; and (3) increased tax contributions.
(Item ,#8) ACTIVITIES - List specific activities you intend to carry out
proposed to accomplish your
objective.
Example:
• Activities: 1.1 - I'dentiry and survey private and public employers in the target area to
identify vacancies and possi•b+1 on-the-job training employment oppartuhit
1.2.- Develop a master list of employment opportunities.
1.3 - Distribute list to 25 unemployed heads of households per month.
(Item 49) STARTING DATE - For each activity, write the exact startinc date. .
(Item #10) ENDING DATE- For each activity, write the exact ending date.
(Item zlT) FOR DCA USE ONLY _uO.not write in this column.
Atli
FEB 16 1983 7
.,ct
FEB 16 1993
' Name of
APPLICANT:
L...)DO buPuC1 SUMumARY Umg7tRA�U
REVENUE Percent Match
(Col. 1) 1 (Col. 2)
1. CSaG Grant Request -
2. Cash Match 2
3. In Kind Match
23%
4. Total Match (lines 2+3) 25 $
5. Total Revenue (lines 4+1)
CSBG FUNDED PROGRAMS
s
ONLY (Lines 6 tog11)'
4 o - -
-
GRANTEE ADMINISTRATIVE EXPENSE
6. Salaries (including fringe benefits
7. Rent
8• Uti 1 itles. •. •
9. Travel . . . . . . . . . •
10. Supplies . . . . .
11. Equ i pment. . . . . . . • .' . .
12. Other. . • , ,
13. TOTAL (lines 6 through 11)
SUBGRANTEV S) ADMINiSTRAT'IVE EXPENSE
14. Salaries (including fringe benefits)
is. Rent . . . .
16. Utilities.
17. Travel . . . . . .
18. Supplies . . . . .
19. Equipment. . . . . . . . .
20. Other,
_ 21. TOTAL (lines 14 through 20). .
22. TOTAL ADMINISTRATIVE EXPENSES
(lines 13 and 21). .
23• TOTAL C58G ADMINISTRATIVE EXPENSE
PERCENTAGE (must not exceed 154
of line 1) . . . . , .
GGRAN T __PROGRAM EXPENSE
24. Salaric;;
(including fringe benefits)
Z5. Rent . . . . . . . .
26. Utilities. . .
27. Travel . . . . . . . . .
28. Supp l i e's . .
29. Equipent. . . .
30. Other. . . , • , , , .
.
31. TOTAL (lines 24 through 30).
SBT>EE(S) PROGRAM EXPENSE
32. Salaries (including fringe benefits)
"33. Rent . . . . .
..........
34. utilitie-s. . .
35. T rave i . . . . . . . . . .
36. Supp,i id's .
37. Equ i poumc. .
L
38. Other.
. ..........
39• TOTAL (lines 32 through 38). .
•40. TOTAL PROGRAM=XPENSE(iines 31 + 3a)
41. TOTAL CSi3G EXPENDITURES
( I i nes ZZ and 40) . . . . . . . . . .�
42. SECOUCARY ACMINISTRATIVE EXPENSES
43. TOTAL 31JIGc a� (1 i nes 41 and 4Z) . .�
S 162
S1,680
FEDERAL EMPLOYER770. NUM EA.;
Total Amounts DEPARTMENT USE ONLY
(Col. 3)
S 7,158
1.842
Column 4 Column 5 Column 6 Column 7
CSBG CASH IN KIND
FUNDS MATCH MATCH TOTAL
95Q 162 1 112
100 100
20 �-- 20
100 100
50 50
25 25
1 050 2 75 75
162 70_ � - 1,482
1,050 162 270 1,482
14.7 .�� -'�-
c�
t
I �II
5 141
5 141 I
600 600
120 120
237 237
280 280
- 690
450 ( ' 690
7' 450
108 '�i
1 410 7518
6 108 1 410 7,518.
7,158-J.- 162 1,680 9,000
7 158 f 162 ► 1,680 j 9,000
CSBG BUDGE -ET SUMMARY INSTRUCTIONS
i
The CSBG BUDGET SUMMARY is to be completed by the applicant only. Subgrantees must complet
only the subgrantee budget. The Budget Summary is a composite of the applicant's budget an
any subgrantees budget(•s) Enter the name of applicant and Federal Employer Identification
Number.
Line 1: The total amount of CSBG dollars requested may 'not exceed the amount allocated.
Line 2: Cash match must be at least two percent of Line 1.
` Line 3: in-kind match must be eighteen •�
g percent of the amount of line 1. If less than
eighteen percent, the difference must be balanced by additional cash match.
Lin_e_4: Total match must be at least twenty percent of line 1.
Lime _5: Total revenue.is the sum of lines 1 and 4.
Lines 6-13 and 24-31: must reflect the applicant's expenditures.
Lines. l4-22 and 32-39 must 'reflect the total of all subgrantees expenditures in each budget
category. if .there are no subgrantees, do not complete line 14-22 and 32.39.
LiTotals Administrative Expenses.
Line 23: Reflects the Administrative-Ekpense percentage.
Line 40: Totais Program Expenses.
Line 41.1s.the total of all Program and Administrative Expenses.
Line 4Z: SECONDARY ADMINISTRATIVE EXPENSES - a special category of administrative support
for programs which are not directly funded through CSBG, but which serve eligible
clients. ONLY A Dl Pu CT GRANTEEIS ELIGIBLE TO RECEIVE SECONDARY ADMINISTRATIVE
EXPENSE.
SPECIAL INSTRUCTIONS FOR LiNE 42,'SECONOARY ADMINISTRATIVE EXPENSE
To apply for support to cover Secondary AdrAinistrative Expenses, the Grantee must
supoly proof that the program(s) being administered with Block Grant funds meet(s)
the alicfbility guidelines under Section 1,,Ch. 82-228 of the Laws of Florida.
A COPY OF THE COMPLETED SECONDARY AOMINISTRATIVE EXPENSE FORM AND ALL REQUIRED
SUPPORTING DOCUMENTS MUST BE COMPLETED FOR EACH PROGRAM WHICH WILL USE BLOCK
GRANT FUNDS., All the documentat,on requi.rea'should be attached to the
Secondary AdmN i s rrat i ve Expenses -Form. -
Line 43: TOTAL BUDGET is ^the total of all expenses.
a
' w9
pw ,787 F
4
1
1
C.0
COW
LINE ITIS -
OVER $500
Line Item
iVtaher
Annual
�a l
e
%
of Salarieq
Total
Salaries
Column 4
CSBG Cash
Sala
& Frin Ben.
Time & Benefits
& Benefits
Funds Match
14
Salaries Housing Authority
Executive Director
$26,472.
$32,567
3%. $ .977
)
Senior Secretary
$11,000
$13,530
1% $ 135
)
)
$1,112
$ 950 $ 162
32
Salaries Rehabilitation
Consultant
$16,000
$19,680
207. $3,436
)
Clerk -Typist
$ 9,800
$12,054
107.)
$1,205
)
$5,141
$5,141
4
1
1
C.0
COW
AW -4 A.
IN -RIND MATCH DOCUI"IIIVTATION
Line Item
Value
Number
Source
Type
Amount of Contribution
Per Unit
Total
15
I.R.C. Housing
Space
363 Sq.Ft. x 5% of Time
$ 5.5d-Sq.Ft.
$100
Authority
16
itUtilities
363 Sq.Ft. x 570 of Time
$ 1.10 Sq.Ft.
20
18
ofSupplies
Paper, Envelopes, Pencils
N.A.
50
Etc.
19
Typewriter
$800 1 5 Yrs. x 157.
-$25
25
t
20
"
Other
Telephone, Postage,
Insurance, Repairs, Etc.'
N.A.
75
$270
33
Space
218 Sq.Ft.
$ 5.50 x k (6 Mo.) $600
34
Utilities
218 Sq.Ft.
$ 1.10 x (6 Mo.) 120
37
itAutomobile_
$6700 = 5 Yrs. _ $1340 Yr.
x 3370*
$450 )
"
Typewriter
$800 ; 5 Yrs. x 2570
$ 40 )
690
Savin Copier
$1200 Yr. x 1770
$200 )
CASH MATCH DOCUMEIMTION
Line Item
Number Source
14 Indian River County Dousing Authority
a
Amount
$ 162 -
FEB 16 1983 r� 1
I FEB 16 1983 52 ?AGE 790
.'rage
CSBG SUBGRANTEE BUDGET
(Each subgrantee MUST complete this page)
NAME OF APPLICANT: Indian River County
NAME OF SUBGRANTEE: Indian River County Housing Authorit
ADDRESS: 1840 25th Street
Vero Beach, Florida Zip Code: 32960
CONTACT PERSON: _ Edward J. Regan
TITLE: Executive Director(TELEPHONE) (TELEPHONE) 305 / 567-8000
TAX EXEMPT NUMBER: 03 00017 05 41 I
T17 none, attach a copy of the certificate OT incorporation
- - r -
The following line items (14-21 -
and 32-40) correspond to .the �
�-Summary Budget.
"
CSBG
CASH
IN KIND
-
SUBGRANTEE ADMINISTRATIVE EXPENSE
FUNDS
MATCH
MATCH
TOTAL
14. Salaries(including fringe benefits)
950
162
1$. Rent . . . . .
1,112
16. Utilities. •
100
100
17. Travel . . . '
...�
100
20
20
18. Supplies . . •'
100
19. Equipment.
50.
20. Other. ._.
5:
25
21, TOTAL (lines 14 through •20). • , .'7q
1,050
162
270
75
1,482
SUBGRANTEE PROGRAM EXPENSE
32. Salaries(`including fringe benefits)
5,141
5,141
33. Rent . . , • , _ .
34. Utilities.. . .
600
600
35. Travel .
_120
.t
. ...
36. Supplies . . .
237
.r.._..
2 37
. . . . . . . . . .
37. Equipment. .
280
280
- 38. Other. . .
690
690
..
39. TOTAL (lines 32 through 38).
4 0
6 108
450
TOTAL CSBG EXPENDITURES
1,410
7,518
(lines 21 and 39). . . . . . .
7,158
162
1,680
9,000
THE SUBGRANTEE CERTIFIES IT WILL COMPLY WITH ALL RULES, REGULATIONS AND CONTRACTS RELATING
TO THE CSBG..BLOCK GRANT. THE SUBGRANTEE APPROVES THIj BUDGET AND APPLICATION:
APPROVED BY:
(President of the Board) S
H Oqu
ATTESTED BY:
Name/
0-i t ie)
Signature
CSBG SUBGRANTEE BUDGET INSTRUCTIONS
EACH SUBGRANTEE MUST COMPLETE A SEPARATE BUDGET PAGE AND A BUDGET
DETAIL, INCLODING IN-KIND - CASH MATCH DOCUMENTATION;
ENTER THE NAME OF THE APPLICANT AND THE NAME AND ADDRESS OF THE
SUBGRANTEEr
ENTER THE NAME, TITLE.AND TELEPHONE'NUMBER OF THE CONTACT PERSON
FOR THE SUBGRANTEEr
f
ENTER THE TAX EXEMPT NUMBER OF THE�SUBGRANTEEr IF THE 'SUBGRANTEE
CANNOT PROVIDE THIS, A COPY OF THE CERTIFICATE OF INCORPORATION
MUST BE ATTACHEDr
LINES 14 THROUGH 21 CORRESPOND TO THE LINE ITEMS EXPLAINED ON THE
BUDGET DETAIL SHEET
LINES 32 THROUGH 39 CORRESPOND TO THE LINE ITEMS EXPLAINED ON THE
BUDGET DETAIL SHEETS
FEB 1*6 7983
13
791 `
F E B 16 1983 792
C. Approval of Site Plan Extension - Champion Home Commu-
nities
The Board reviewed the following staff recommendation:
TO: The Honorable Members DATE: February 1, 1983 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE:
CHAMPION HOME COMMUNITIES
e4i� SUBJECT: REQUEST FOR AN EXTENSION
Patrick Bruce King, AI OF SITE PLAN APPROVAL
FROM: Mary Jane V. Goetz fried REFERENCES: Letter .from Thomas
W\ Staff Planner W. Kellogg dated
1/11/83
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular business meeting of February 15, 1983.
DESCRIPTION AND CONDITIONS:
On March 11, 1982, the Planning and Zoning Commission granted
site plan approval to Champion. Home Communities, Inc. acting in
behalf of Aristek Properties Ltd. The approved application
proposed the development of a 580 unit adult mobile home park
with recreational amenities that include an 8400 sq. ft. club-
house, swimming pool, shuffle board and tennis courts and a 20
acre lake.
The project site is a 127 acre tract situated on the northeast
corner of the intersection of 90th Avenue and 12th Street. The
development plan for the project to be known as the Pinestead, is
in complete conformance with the Comprehensive Plan and the R-lMP
Zoning District in which it is located.
At this time the applicant is requesting an initial one year
extension of the site plan approval period to allow for final
financial arrangements prior to the commencement of construction.
RE MMENDATION:
Sta: recommends the site plan approval of Pinestead Mobile Home
Park be extended for a period of one year, with an expiration
dat ''of March 11, 1984.
ON MOTION MADE by Commissioner Scurlock, SECONDED
by Commissioner Lyons, the Board unanimously ap-
proved a site plan extension of one year, with an
expiration date of March 11, 1984, for Champion
Home Communities - Pinestead Mobile Home Park.
D. Consideration of Dr. Leonard Walker as Medical Examiner
for the Nineteenth Circuit
The Board reviewed a letter from Robert E. Stone, State
Attorney submitting the name of Dr. Leonard Walker for
consideration as Medical Examiner for the Nineteenth
Circuit.
Discussion was held on the procedures followed in
appointing a medical examiner. Commissioner Scurlock stated
he had served on the committee involved in the medical
examiner appointment. He added that Dr. Walker's was the
only name submitted, and that he was from Ft. Pierce.
Commissioner Scurlock felt -it was unfortunate that no one
from Indian River County was being considered.
After agreeing that the Board did not have sufficient
information about Dr. Walker at this time, Chairman Bird
deferred this matter until later in the day.
PROCLAMATION - ERNESTINE PARR
Chairman Bird presented to the Board a Proclamation
honoring Ernestine Park on her retirement.
FE > 6 11983 1
ON MOTION MADE by Commissioner Lyons,
SECONDED by Commissioner Scurlock, the
Board unanimously approved the proclamation
honoring Ernestine Park, which is hereby
made a part of the record, as follows:
PROCLAMATION
WHEREAS, ERNESTINE PARK is retiring February 10, 1983 as a
loyal and dedicated employee of Indian River County, Florida; and
WHEREAS, ERNESTINE PARK began her career with Indian River
County on February 11, 1963 as Secretary to the County
Administrator; and
WHEREAS, ERNESTINE PARK has given 20 years of dedicated
service to Indian River County, and has been a diligent and
capable employee; and
WHEREAS, ERNESTINE PARK,.prior to employment with Indian
River County, served as Secretary to the Clerk of the City of
Vero Beach from May, 1957 to February, 1963; and
WHEREAS, ERNESTINE PARK has a thorough understanding of the
functions of County and City government in all its phases, and
during her time of employment was a very loyal and conscientious
employee;
NOW, THEREFORE, BE.IT PROCLAI14ED THAT the Board of County
• Commissioners of Indian River County, Florida, does hereby
express their gratitude to ERNESTINE PARK for her fine employment
record and contribution to Indian River County; and
BE IT FURTHER PROCLAIMED.THAT the Board expresses and
extends to ERNESTINE PARK, the County's sincere appreciation and
best wishes in all. her future endeavors.
Dated this 10th day of February, 1983, Vero Beach, County of
Indian River, Florida.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By:
—e
/��� .r�; / r�Ricr
/�hadN ird, irm— ari
13
r
REVIEW SIX MONTH PROBATION PERIOD - COUNTY ADMINISTRATOR
The Board reviewed the following Letter of Agreement
between Indian River County and Michael J. Wright did
7/28/82:
Telephone: (305) 567-8000
BOARD OF COUNTY COMMISSIONERS
1840 25th Street, Vero Beach, Florida 32960
I
Dear Mr. Wright:
LETTER OF
ENT BETWEEN'
MICHAEL J.
RECE17 D
AUTO 2 1982
SunCo'n TW*011064' (305) 424-1012
I
The Indian River County Board of County Commissioners met on July
14, 1982, in a regularly scheduled meeting of the Commission to
consider filling the position of County Administrator. The
Commission after careful consideration decided to offer you the
Position on the following basis:
A. Starting annual salary of $42,000.00 together with all normal
County fringe benefits.
B. The County will pay for actual cost of your relocation to
Indian River County not to exceed $2,000.00. You will be
reimbursed only for the actual expense of hiring a moving
company=to relocate your personal property to Indian River
County. The company will be selected after receiving three
estimates.
C. Vehicle allowance/from date of commencement of employment
until October 1, 1982, you will receive $140.00
Commencing October 1,:1982 Aer month.
, you will receive $200.00 per month
vehicle allowance. You will be entitled to normal mileage of
$0.20 per mile or use of a County vehicle, at your option, for
all Out -of -county travel on County business.
D. Upon commencement of employment, you will serve a six months
probationary period. This probationary period will allow you
to gauge the position in accordance with your career objec-
tives and allow the County Commission to observe
erfor-
mance. The County Commission has recently adopted Ordinance
No. 82-10, copy attached For your review, which sets forth the
general responsibilities of your office. Both parties under-
stand that during the probationary period the Commission, if
dissatisfied with your performance, may ask for your resigna-
tion or discharge you from County employment without complying
with the procedure set forth in Ordinance No. 82-10.
FEB 16 1983
14
795
FEB 16 1933
19
52nGE79.6
Upon completion of your six months probationary period, a
review of performance shall be made by the Commission and, if
satisfactory, you will receive a five (5%) percent increase in
salary. During your employment with Indian River County, you
will also be eligible for any County -wide salary increases
that may be authorized'by the County Commission from time to
time.
After completion of the six months probationary period, this
agreement shall be for a minimum of three years (commencing
from date of first employment). Either party may terminate
this agreement with ninety (90) days written notice to the
other. Such notice by County will comply with the terms of
Ordinance No. ,82-10. Should the County determine to terminate
your employment, depending upon the circumstances, they may at
County's option authorize no more than thirty (30) days sever-
ance pay.
The Indian River County Commission is very pleased that you have
indicated your desire to become a part of Indian River County's
management and looks forward to working with a cohesive adminis-
tration under your direction. If the terms of this Letter of
Agreement are acceptable, please execute in the space provided
below and return to Dr.* Hardin, Personnel Director.
Approved az to form
and Ieo2 ffictencv
By
G� y`t� . Brardonbur
o Ity Attorney
DCS, Jr. /mg
Enc.
Sincerely yours,
Don C. Scurlock, Jr.
Chairman
Board of County Commissioners
Date:_July 28, 1982
cc: A. Grover Fletcher, Vice -Chairman
Commissioner Patrick B. Lyons
Commissioner William C. Wodtke;-Jr.
Commissioner Dick Bird
C. B. rdin, Jr PN.D_,,Personnel Director
ACCEPTED:Ck Wi
MICHAEL J. WRIGHT
Date: ---7 - 30 •c��
Chairman Bird recommended that each commissioner meet
with Administrator Wright individually and discuss their own
personal evaluation of his performance during the last six
months and that no formal evaluation be done at this time.
Commissioner Scurlock noted that a question of a car
allowance has been raised and asked staff to review with the
County auditors any legal requirements of the State of
Florida to make certain we are using the proper approach to
providing Mr. Wright a vehicle.
15
MOTION WAS MADE by Commissioner Lyons,
SECONDED by Commissioner Scurlock, that
the Board approve the 5% salary increase
and all other items agreed to in
Mr. Wright's Letter of Agreement with
Indian River County, dated 7/28/82.
The commissioners each expressed their full support and
satisfaction with Mr.Wright's performance and welcomed him
officially aboard.
THE QUESTION WAS -CALLED by Chairman Bird.
It was voted on and carried unanimously.
Commissioner Scurlock believed it was extremely impor-
tant during each future annual budget meeting that the Board
schedule formal evaluation of the County Administrator's
office, as well as the Attorney's Office, the Board
Secretary, the Personnel Director, etc.,and that each Board
member meet with them personally to discuss goals for the
future, relationships between departments, and progress
made, rather than have a full blown public personnel review.
Chairman Bird agreed this would be a good procedure to
follow.
PUBLIC HEARING - ADOPTION OF ORDINANCE ESTABLISHING CODE
ENFORCEMENT BOARD
The hour of 9:00 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
16
7
FEB 16 1983
�� :7
FEB 16 1993
e
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
in the matter of— // �1;7,042 9::e
in the
lished in said newspaper in the issues
Court, was pub-
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed bef i e me t day of A.D. tg �..3
07 (Business Manager)
e Qf We Kdian River County, Florida)
----MEAL)
c 79:8
a NOTICE OF INTENTTO CONSIDER
COUNTY ORDINANCE
The Board of County Commissioners of
Indian River County will conduct a public
hearing on February id, 1983, at 9:00 A.M. in
the Commission Chambers at the County
Administration Building, 1840 25th Street, Vero
Beach, Florida, to consider adoption of an
ordinance entitled:
AN ORDINANCE OF'THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA,
ESTABLISHING A CODE ENFORCEMENT
BOARD PROVIDING FOR; AP-
PLICABILITY; CREATION OF CODE EN -
1 FORCEMENT BOARD; DEFINITIONS:.
APPOINTMENT OF BOARD; REMOVAL
FROM THE BOARD, -INTERIM AP.
POINTMENTS; CONDUCT OF MEETINGS;
ENFORCEMENT PROCEDURE; CONDUCT
OF HEARING: POWERS OF THE EN-
FORCEMENT BOARD, ADMINISTRATIVE
FINES, LIENS; REVIEW PC RULINGS OF
THE CODE ENFORCEMENT BOARD;
NOTICES; INCORPORATION OF THE
ORDINANCE IN COUNTY CODE;
SEVERABILITY; AND EFFECTIVE DATE.
If any person decides to appeal any decision
Made on the above matter, he -she will need a
record of the proceedings, and for such pur-
poses, he -she may need to ensure that a ver-
batim record of the proceedings is made,
which record Includes the testimony in
evidence on w ich the appeal is based.
Board of Count Coinmissioners
1840 25th Street
Vero Beach, Florida 3296
Jan. 28, 1983.
v
009��� 9y��
'0
Attorney Brandenburg noted that the Board had recently
reviewed the proposed Ordinance and made several suggestions
as to its modification, which suggestions have been included
in the draft presented today.
Considerable discussion followed regarding the wording
in the proposed Ordinance, and Commissioner Lyons wished to
know whether it was broad enough to allow the inclusion of
animal control violations.
Attorney Brandenburg explained that the main purpose of
this Board was to allow it to enforce whatever Codes the
Commission asked it to enforce.
17
J
Commissioner Lyons suggested that on Page 2, Section 3,
the words "technically related" be deleted, but Attorney
Brandenburg noted that the Statute most specifically talks
in terms of technical code. He suggested wording which
would include ".....fire, building, animal control
regulations, and related technical codes."
Commissioner Scurlock expressed concern about "lame
duck appointments and wished to have the terms of the
Commissioners related to the term of the appointees, but the
County Attorney informed him that this is very specifically
laid out in the Statutes.
Discussion ensued in regard to requiring that members
of the Code Enforcement Board shall be registered voters,
and it was finally agreed to add this requirement if the
Attorney determines that it is legal to do so.
Question arose as to whether it might be possible to
tape record these meetings and not have to type up the
Minutes. Attorney Brandenburg stated that tape recording
alone would not suffice, but the Minutes do not have to be
verbatim.
Chairman Bird opened the public hearing and asked if
anyone present wished to be heard.
Robert.Reider of the Vero Beach Civic Association
informed the Board that their association would like to go
on record in support of the adoption of an ordinance for a
Code Enforcement Board. He expressed their concern that in
the past the governing bodies have been "toothless tigers"
in their attempts to deal with violations of codes.
Michael Galanis, Environmental Health Director, came
forward to urge adoption of the ordinance, explaining how
extremely difficult their code enforcement situation was.
He felt that having a local Code Enforcement Board available
would help his department considerably since at present,
they must rely on Tallahassee for enforcement.
l8 799 .
FEB 16 1983
P'F- FEB 16 1983
*K
Commission Scurlock felt there should be some analysis
on the matter, and Commissioner Lyons added that he would
like to find out what other counties have done and
what they have taken over in their attempts to enforce
codes. Attorney Brandenburg explained that some counties
have established two different boards - a code enforcement
board for zoning matters and technical codes of the county
and a separate board for environmental health control.
Chairman Bird felt this required further study and that
it should be sent back to the Community Development
Department for a recommendation.
Lieut. Robert Hunt, Fire Inspector, spoke to the Board
of the troubles they are experiencing in enforcing the Fire
Code and urged adoption of a Code Enforcement Board.
Commissioner Wodtke asked whether the Chairman and Vice
Chairman of the proposed Board are to be elected on an
annual basis, and the Attorney agreed it could be stated
that this would be done annually.
ON MOTION MADE by Commissioner Scurlock,
SECONDED by Commissioner Wodtke, the Board
unanimously voted to close the public hearing.
ON MOTION MADE by Commissioner Scurlock, SECONDED
by Commissioner Lyons, the Board unanimously
adopted Ordinance 83-10, with the addition of
"animal control" on Page 2, Section 3; also on
Page 2, under Appointment of Board, the addition
that members of the Board shall be registered
voters of the county, subject to evaluation of
this addition by the Attorney's office for legal
sufficiency; and on Page 3, under Conduct of
Meetings, addition of a provision that the Chair-
man and Vice Chairman shall be elected annually.
19
r
INDIAN RIVER COUNTY ORDINANCE NO. 83� 10
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING A
CODE ENFORCEMENT BOARD PROVIDING FOR; APPLICABILITY;
CREATION OF CODE ENFORCEMENT BOARD; DEFINITIONS;
APPOINTMENT OF BOARD; REMOVAL FROM THE BOARD, INTERIM
APPOINTMENTS; CONDUCT OF MEETINGS; ENFORCEMENT
PROCEDURE; CONDUCT OF HEARING; POWERS OF THE
ENFORCEMENT BOARD; ADMINISTRATIVE FINES, LIENS;
REVIEW OF RULINGS OF THE CODE ENFORCEMENT BOARD,•
NOTICES; INCORPORATION OF THE ORDINANCE IN COUNTY CODE;
SEVERABILITY; AND EFFECTIVE DATE.
WHEREAS, it is the intent of this ordinance to promote,
protect and improve the health, safety and welfare of the citizens
of Indian River County by creating an administrative hearing beard
to provide an equitable, expeditious, effective and inexpensive
method of enforcing all the technical codes in force in Indian
River County.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF _COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
SECTION 1
APPLICABILITY
This ordinance shall be effective within the
unincorporated areas of Indian River County and those incorporated
municipalities whose governing body have elected by the adoption
of an ordinance to come under the provisions of this ordinance.
SECTION 2
CREATION OF CODE ENFORCEMENT BOARD
The Indian River County Code Enforcement Board is hereby
created pursuant to the provisions of Florida Statutes 5162.01 et
seq and the home rule powers of non -charter counties under the
Constitution of the State of Florida. The Board shall be
constituted, have such power and responsibility as set forth in
the following sections of this ordinance and shall enforce the
various codes of Indian River County or participating municipality
as may be designated by resolution of the governing body.
SECTION 3
DEFINITIONS
For the purpose of this ordinance the following terms
shall be given the following meanings;
1. Code Inspector means any authorized agent or
FEBFAK 01
16 1983
I,FEB 1 1983
employee of the County or municipality whose duty it is to assure
code compliance.
2. Enforcement Board means the local government Code
Enforcement Board created pursuant to this ordinance and Florida
Statutes 5162.01 et seq.
3. Technical Codes means the various occupational
license, fire, building, zoning, sign, animal control regulations
and related technical codes in force in the County and partici-
pating municipalities which the Code Enforcement Board is author-
ized to enforce pursuant to a resolution adopted by the governing
body.
SECTION 4
APPOINTMENT OF BOARD
The Indian River County Code Enforcement Board shall
consist of seven (7) members. Each member of the Board of County
Commissioners shall be entitled to appoint one member to the Code
Enforcement Board. The remaining two members will be appointed at
large by the majority vote of the County Commission. The members
of the Board shall be residents and registered voters of the
County with interest, experience and/or competence in the fields
of zoning and building. The membership shall, whenever possible,
include an architect, a businessperson, an engineer, a general
contractor, a sub -contractor and a-realtor. The initial appoint-
ment of the Board shall be:
(a) two (2) members for a term of one (1) year each,
(b) three (3) members -for a term of two (2) years each,
and
(c) two (2) members for a term of three (3) years
each.
All subsequent appointments shall be made for a term of three (3)
years. Upon the approval of the County Commission, any member may
be reappointed for one successive term only.
SECTION 5
REMOVAL FROM THE BOARD, INTERIM APPOINTMENTS
If any member voluntarily resigns or fails to attend two
(2) of three (3) successive meetings without cause or prior
s
approval of the Chairman, the Enforcement Board shall immediately
declare the member's office vacant and the Board of County
Commissioners shall promptly fill such vacancy. Such interim
appointees shall serve until the end of the term of the member
whom they replaced. Members of the Code Enforcement Board may
also be removed for cause by the affirmative vote of the majority
of the County Commission.
SECTION 6
CONDUCT OF MEETINGS
The Enforcement Board shall annually elect a chairman
and vice-chairman from amongst its members. The presence of four
(4) or more members shall constitute a quorum of the Enforcement
Board. A member once in attendance may not absent him/herself for
the purpose of defeating the meeting and preventing the-aonduct of
business for lack of a quorum. Members of the Board shall serve
without compensation but may be reimbursed for such travel,
mileage and per diem expenses as may be authorized by the County
Commission from time to time.
The Code Enforcement Board is authorized to retain
counsel to give legal advice to the Board. Once selected the rate
of compensation shall be negotiated and paid by the Board of
County Commissioners. In any event the counsel or firm retained
shall not be'the same counsel or firm who either presents cases on
behalf of the County.to the Board or represents those charged with
violations in front of the Board.
SECTION 7
ENFORCEMENT PROCEDURE
1. It shall be the duty of the Code Inspectors to
initiate enforcement proceedings in front of the Code Enforcement
Board. No member of the Board shall have the power to initiate
any enforcement proceedings before the Board.
2. Except as provided in Subsection 3 if a violation of
the codes is found, the Code Inspector shall notify the violator
and give him a reasonable time considering the nature of the vio-
lation to correct the violation. Should the violation continue
beyond the time specified for correction, the Code Inspector shall
-3_
F 1 b 1983 x 'FACE 3
16 1983 K
FEB "sot
notify the Enforcement Board and request a hearing pursuant to the
procedures in Section 8. Written notice shall be mailed to said
violator as provided in this ordinance.
3. If the Code Inspector has reason to believe a viola-
tion presents a serious immediate threat to the public health,
safety or welfare, the Code Inspector may proceed directly to the
procedure in Section 8 without notifying the violator in advance
as set forth in Subsection 2 above while at the same time making
all reasonable attempts to notify the violator.
s SECTION 8
CONDUCT OF HEARING
1. The Chairman of the Enforcement Board may call hear-
ings of the Enforcement Board; hearings may also be called by
written notice signed by at least three (3) members of the
Enforcement Board. At any hearing the Enforcement Board may set a
future hearing date. The Enforcement Board shall attempt to
convene no less frequently than once every two months, but may
meet more or less often as the demand necessitates. All meetings
of the Board shall be open to the public and minutes shall be kept
of all hearings. The County Commission shall provide clerical and
administrative personnel as may be reasonably required by the
Enforcement Board for the proper performance of its duties under
this ordinance.
2. Each case before' the Enforcement Board shall be
preted by the County Attorney, his designee or a member of the
administrative staff of the County or municipality wherein the
violation occurs.
3. At each scheduled meeting the Enforcement Board
shall proceed to hear the cases on the agenda for that day. All
testimony given shall be under oath and shall be recorded. The
Code Enforcement Board shall take testimony from all interested
parties in attendance. Formal rules of evidence shall not apply
but fundamental due process shall be observed and shall govern
said proceedings.
4. At the conclusion of each hearing on the agenda, the
Enforcement Board shall issue findings of fact, based on evidence
of record, and conclusions of law and shall issue an order
affording the proper relief consistent with the powers g=anted
:herein. The findings shall be by motion approved by a majority of
those present and voting thereon, except that at least four (4)
members of the Enforcement Board must vote in order for the action
to be official. The record of the proceedings shall be preserved
according to the public records law and available to the public
for the purposes of review and shall be subject to review by the
court of competent jurisdiction.
SECTION 9
POWERS OF THE ENFORCEMENT BOARD
The Enforcement Board shall have in addition to the
powers set forth elsewhere in this ordinance the following addi-
tional powers and responsibilities;
1. Adopt rules for the conduct of its hearings
2. Subpoena alleged violators and witnesses to its
hearings. Subpoenas shall be issued by the Clerk of the Circuit
Court and may be served by the Sheriff's Department of Indian
River County or the police department of participating municipali-
ties,
3. Subpoena evidence.
4. Take testimony under oath.
x•
5. Issue orders having the force of law commanding
whatever steps are necessary to bring a violation of a technical
code into compliance..
SECTION 10
ADMINISTRATIVE FINES: LIENS
The Enforcement Board, upon notification by the Code
Inspector that a previous order of the Enforcement Board has not
been complied with by the set time, may order the violator to pay
a fine not to exceed TWO HUNDRED AND FIFTY DOLLARS ($250.00) for
each day the violation continues past the date set for compliance.
A certified copy of an order imposing a fine may be recorded in
the Public Records and thereafter shall constitute a lien against
the land on which the violation exists, or if the violator does
not own the land, upon any other real or personal property owned
FEB 16 1983 —s- c .5.2 wt8ffi
� J
� FEB� 16 1983 c
by the violator. It may be enforced in the same manner as a court
judgment by the Sheriffs of the State, including levy against the
personal property, but shall not be deemed to be a court judgment
except for enforcement purposes. After one year from the filing
of any such lien which remains unpaid, the Enforcement Board may
authorize the County Attorney to foreclose on the lien.
SECTION 11
DURATION AND ENFORCEMENT OF LIEN
No lien filed pursuant to this ordinance shall continue
for a period longer than two (2) years after recording, unless
within that time an action to foreclose on the lien is commenced
in a court of competent jurisdiction. The continuation of the
lien by the commencement of the action shall not be good against
creditors or subsequent purchasers for valuable consideration
without notice, unless a notice of lis pendens is recorded.
SECTION 12
REVIEW OF RULINGS OF THE CODE ENFORCEMENT -BOARD
An aggrieved party including the local governing Board
may appeal a final administrative order of the Enforcement Board
to the Circuit Court of the Nineteenth Judicial District. An
appeal must be filed within thirty (30) days of the execution of
the order to be appealed.
SECTION 13
NOTICES
All notices required by this act shall be by certified
mail# return receipt requested, or, when mail would not be effec-
tive, by hand delivery by the Code Inspectors or Sheriff's
Deputies,
SECTION 14
INCORPORATION OF ORDINANCE IN COUNTY CODE,
SUPPLEMENTAL METHOD
Provisions of this Ordinance shall be incorporated into
the County Code and the word "ordinance" may be changed to
"section", "article", or other appropriate word, and the sections
of this Ordinance may be renumbered or relettered to accomplish
such intentions. It is the intent that this ordinance shall be a
supplemental method of Code Enforcement.
SECTION 15
SEVERABILITY
In the event any section, paragraph or phraseQf this
Ordinance is declared invalid by a court of competent jurisdic-
tion, such section, paragraph or phrase shall be deemed 'a separate
provision of this Ordinance and shall not affect the validity of
other parts of this Ordinance.
SECTION 16
EFFECTIVE DATE
The provisions of this Ordinance shall become effective
upon receipt from the Florida Secretary of State of official
acknowledgment that this. Ordinance has been filed with the
Department of State.
Approved and adopted by the Board of County
Commissioners of Indian River County, Florida this 16th day of
February
,1983.
INDIAN RIVER COUNTY BY ITS
BOARD OF COUI "_ N ;;SIMIS
By.
RICHARD N. BIRD
Chairman
Acknowledgment by the Department of State of the State of Florida
this 01•d'--Ut day of , 1983.
Effective Date: Acknowledgment from the Department of State
received on this Y74, day of y 4&tA, , 1983, at 10:Oo4.M. and
filed in the office of the Clerk of the Board of County
Commissioners of Indian River County, Florida.
APPROVED TO
LEGAL ICIE
By.
County A
FEB 16 1983
5Z ?
r
FEB 16 1983
i
Commissioner Lyons asked media representatives present
to stress the need for able, competent members for the new
Code Enforcement Board and received assurance of their aid.
Chairman Bird felt there should be a cut-off date for
receipt of applications.
Commissioner Wodtke asked if appeals of the new Code
Enforcement Board would go to the Circuit Court and was
assured this was the case.
The Commissioners, having decided to personally search
for capable applicants, chose the following assignments:
Businessman - Commissioner Wodtke
Architect - Commissioner Lyons
Engineer - Chairman Bird
General Contractor - Commissioner Scurlock
Sub -Contractor - Commissioner Scurlock
Chairman Bird noted that members of the Board of
Realtors would be here later in the day, and we could
request that they submit some names to be considered for
appointment to the new board. He added that the two
members -at -large would be selected from the applications
received.
Chairman Bird set the meeting of March 16, 1983, to
fill the seats and start that board functioning.
PUBLIC HEARING - ADOPTION OF ORDINANCE AMENDING ZONING CODE
TO ALLOW CHILD CARE CENTERS IN AGRICULTURAL DISTRICTS
The hour of 9:30 o'clock A.M.having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
20
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press-Joumal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a✓O T/G
in the matter of
in the Court, was pub-
lished in said newspaper in the issues of �'reyl c27���;
Affiant further says that the said Vero Beach Press-Joumal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither'paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper. L
Sworn to and subscribeH foyF me ttyr1 n& day of ACL A.D. 19 r-33
(/ ' It (/ H t n 1h _ //Ive4Business Manager)
(Clerk of the Circuit Court, Iridian River County, Florida)
(SEAL)
a,
NOTICE OF JNTENT TO CONSIDER
COUNTY :ORDINANCE AMENDING
ORDINANC1:31.3, KNOWN AS THE
INDIANdtfVER COUNTY
ZONfNG ORDINANCE
The Board of County Commissioners of
Indian' Rirer•'County will conduct a public
hearing on. February 14, 1983, at 9:30 A.M. in
the Commission Chambers at the County
Administration Building, 1840 25th Street, Vero
Beach, Florida, to consider the adoption of an i
ordinance entitled: {
AN ORDINANCE OF THE BOARD OFf
COUNTY COMMISSIONERS OF INDIANI
RIVER COUNTY, FLORIDA, AMENDING
ORDINANCE 714, AS AMENDED, KNOWN
AS THE INDIAW'sRIVER COUNTY ZONING
ORDINANCE;. pROViD11410 Folk
REVISIONS TO SECTIONS 2, 4 and 24
PROVIDING A DEFINITION OF CHILD
CARE CENTER; ESTABLISHING CHILD
CARE CENTERS AS A SPECIAL EX-
CEPTION USE IN THE AGRICULTURAL
ZONING DISTRICT; PROVIDING OFF-'
STREET ,PARKING REGULATIONS FOR,
CHILD CARE CENTERS; PROVIDING FOR
CODIFICATION; SEVERABILITY;
REPEAL'OF CONFLICTING ORDINANCE;
EFFECTIVE DATE.
If any person decides to appeal any decision
made on the above matter, he she will need a
record of the proceedings, and for such puri
poses, he -she may need to ensure that a vert
batim record of the proceedings is made,
which record includes the testimony IN
evidence an which the appeal is based:
Jan. 27, Feb. 9,1989.
Bruce Ring, Community Development Director, reviewed
the following staff recommendation, explaining that the
proposed amendment was not to accommodate one particular.
problem that has come up, but was an overall change in our
policy based upon implementation of appropriate performance
standards.
21
FEB .1 3 1983 Mu
r FEB 16 1983
TO: The Honorable Numbers DATE: February 8, 1983 FILE:
of the Board of
County Commissioners
SUBJECT: ALLCWDMCM';SC'1N '
IN A, AGRICULTURAL DISTRICT•
FROM: Patrick Bruce King, AICD REFERENCES:
Com rdty Development
Division niZn=
It is requested that the data herein presented be given formal consideration
by the Board of County Commissioners at their regular meeting, February 16,
1983.
On January 13, 1983 the Planning and Zoning Commission recommended approval
of the proposed amendment to allow day care centers in Agricultural Dis-
tricts.
Staff has reviewed the feasibility of allowing Child Care Centers in A,
Agricultural Districts. Child Care Centers are presently allowed in R-2,
Multiple Family District as a permitted use and in B-1, Planned Business
District, also as a permitted use.
ALTERNATIVES AMID ANALYSIS:
The purpose and intent of the Agricultural District is primarily ..."to
provide and protect large areas for agricultural land use and activities
within which other than agricultural uses will be kept to a minimum, and/or
accessory to the agricultural use". The intent of the Ordinance is to
Protect agricultural uses from encroachment of inccnpatible urban land uses,
as well as insure protection and compatibility of other uses which are
permitted within the District. Staff feels that Child Care Centers are
compatible with the 24 uses which are presently allowed in the Agricultural
District. However, it is felt that Child Care Centers should be allowed as
a special exception use and appropriate performance standards should be
required.
PIVDAW, ;m
Based on the foregoing discussion, staff recommends adoption of the attached
Amendnt to the Zoning Ordinance.
Chairman Bird opened the Public Hearing and asked if
anyone wished to be heard. No one came forth to be heard.
ON MOTION MADE by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the Board
unanimously closed the Public Hearing.
22
� � r
ON MOTION MADE by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the Board
unanimously adopted Ordinance 83-11 amending
the Zoning Code to allow child care centers in
Agricultural Districts.
ORDINANCE NO. 83- 11
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, AMENDING
APPENDIX A TO THE CODE OF LAWS AND ORDINANCES, ALSO
KNOWN AS THE ZONING CODE; ESTABLISHING CHILD CARE
.FACILITIES AS A SPECIAL EXCEPTION USE IN THE
•'AGRICULTURAL DISTRICT•; PROVIDING DEFINITIONS,.
DESIGN CRITERIA, PARKING REQUIREMENTS; CODIFICATION;
SEVERABILITY; AND EFFECTIVE DATE._
WHEREAS, the Indian River County'Zoning Code does not
presently allow the establishment or operation of a child care
facility within the agriculturally. zoned district; and
WHEREAS, a need has been demonstrated for permitting
such facilities, provided measures are taken to eliminate possible
conflicts with other existing or potential agricultural uses.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that::
SECTION 1
Section 2 of the Zoning Code, Definitions, "Child
nursery or child care facility:" Any child care center or child
care arrangement which provides child care for more than five (5)
children unrelated to the operator and which receives a payment,
fee, or grant for any of the children receiving care, wherever
opera,:ed, and whether or not operated for profit; however, not
incladi(-ig publi:: school:and non-puhlic schools which are in
complLance with the compulsory school attendance law, Chapter 232
of F or da Szatures, summer day camps, or bible schools normally
condiieted durin-y vacation periods. As used in this definition,
child care shall mean the care, protection and supervision of a
child for a period of 'Less than twenty-four (24) hours a day on a
regular ;Iasis Which sup ,leaien%s for the child, in accordance with
his individual needs, daily care, enrichment opportunities, and
health supervision and for which a payment, fee, or grant is made
for care. 23
FE B 16 1983
FEB 16 1983
x PAP .
SECTION 2
Section 4 (C) (9) is hereby created to read as follows:
4 (C) SPECIAL EXCEPTIONS. The following uses may be
permitted by the County Zoning Commission after site plan approval
according to Section 23.
(9) Child nurseries or child-care facilities as. a. - -_•
primary use or as an'accessory use to a "single family residence,
school, church, charitable., or governmental organization or park,
but only when the following site plan design conditions and
requirements are satisfied, in addition to any other requirement
or conditionof the County's ordinances:
1, Any outdoor activity or playground area shall be
considered a structure for the purpose of measurement of required
setbacks and, therefore, shall be located completely exclusive of
any required yard area.
2. The outdoor activity or playground area shall be
enclosed with a fence not less than four (41) feet in height,
unless a higher fence is otherwise required by law, in which case
the latter criteria shall govern.
3. Prior to issuance of a Certificate.of Occupancy
for a proposed facility, applicant must submit to the Zoning
Department written verification.from the local County health unit
that the facility has been inspected and is recommended by the
health unit for licensing by the Department of Health and
Rehabilitative Services.
SECTION 3
Section 24 (19) is hereby created to read as follows:
Section 24. Off -Street Parking and Loading
Regulations.
(19) in a childcare facility or child nursery there
shall be a minimum of one and one-half spaces per staff person
required for the licensed capacity of the facility pursuant to
local or state licensing agency staff ratio requirements.
24
M M M
SECTION 4
INCORPORATION IN CODE.
The provisions of this ordinance
shall be incorporated into the County Code and the word
"ordinance" may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be
renumbered or relettered to accomplish such intentions.
SECTION 5 '
SEVERABILITY. If any section, part of a Sentence,
paragraph, phrase or word of this ordinance is for. any reason held
to be unconstitutional, inoperative or void, such holdings shall
not affect the remaining portions -hereof and it shall"be construed
to have been the legislative'inient to pass 'this ordinance without
such unconstitutional, invalid or inoperative part.
SECTION 6
EFFECTIVE DATE. The provisions of this ordinance shall
become effective upon receipt from the Florida Secretary of State
of official acknowledgment that this ordinance has been filed with
the Department of State.
. Approved and adopted by the Board of County
Commissioners of Indian River County, Florida on this 16th day of
February , 1983;
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
By
RICHARD N. BIRD
Chairman
Acknovrledgm6nt by the, epart-ment of State of the State of Florida
this _rya: day of 1983.
Effective Date: Acknowledgment from, the Depar•tment' of State
received on thi:3��a day of �'yJ���,�� , 1983, at
A.M. j"i°:„ and filed .in the Office of the Clerk of •the Board of
County Cosimissioners of Indian River County, Florida.
APPRO6T1) AS T. 'ORI AND
LEGA" / SfaVFl ATc y. f
By --
CHRIS' PH '� J. PAULL
Assistant County Attorney
25
52. nee, 813
r FEB 16 1983
DELETION OF WALKER TRACT FROM "SAVE OUR COAST" PROGRAM
Administrator Wright reviewed the following memo:
TO: The Honorable Members of DATE: February 7, 1983 FILE: �v
the Board of County Commissioners
FROM:
SUBJECT: WALKER PROPERTY
Michael Wright(�V/ / REFERENCES:
County Adminis t
Paul Walker, the agent for the Walker property, has indi-
cated an unwillingness to' sell the 23 acres of lana east of
AIA that is currently being considered for purchase through
the Save Our Coast Program.
The syndicate Walker represents owns a total of 51 acres
in a parcel that extends from the Atlantic to the Indian River.
Attached is a map that outlines the entire tract.
The asking price of the entire tract is in'the-neighborhood
of $7 million with a probable purchase price in the $5 to $6
million dollar range. The property has only 800 feet of ocean
frontage and is located less than two miles from the ocean to
river, 90 acre Round Island Park.
Even in the unlikely event the state expanded its con-
sideration to include participation in the entire parcel, Indian
River County's share would run between $1.75 million to $2.1
million, or in excess of $2,100 a front foot.
The Count, would be gaining a sizeable tract of land on
the Tndian Riv'(,r. However, in my opinion, such a purchase
would not be in spirit with either the Save Our Coast program
or the intent of the beach acquisition referendum.
Because of Walker's unwillingness to sell, I have asked
state officials to refrain from proceeding with the appraisal
of the property.
Work is continuing on the Nutt property with possible,
though not probable action, at the March cabinet meeting. If
all goes well, the April or May meeting -would be more realistic
time frame for consideration.
At the next Commission meeting, I will ask that you for-
ma-lly drop consideration of the Walker property and direct staff
efforts toward acquiring other less costly ocean front tracts.
26
ON MOTION MADE by Commissioner Scurlock,
SECONDED by Commissioner Wodtke, the
Board unanimously accepted the recom-
mendation of the Administrator; agreed to
formally withdraw the Walker Tract from
those properties being considered for beach
acquisition under the "Save Our Coast"
Program; and authorized the Chairman to cor-
respond with the appropriate officials re-
garding this action.
REPORT ON 8TH STREET EXTENSION - REMOVAL OF POWER POLE
Jim Davis, Public Works Director, reported on the
status of the 8th Street extension project, noting that this
extension is pending on the relocation of a power pole which
is located in the very middle of the proposed street path,
and it is not feasible either to reroute the street or make
an island for the pole. He informed the Board of the
considerable costs involved in removal of the power pole and
subsequent installation of a new one, which would be in the
neighborhood of $35,000.
r
Finance Director Barton explained that neither the
County nor the City of Vero Beach has the equipment needed
to move the pole, making it necessary to hire an outside
company. This pole is embedded 20 feet below the surface
and encased in concrete. He suggested that one solution to
the problem would be if the County would agree to put up a
temporary deposit of $35,000. He added there is a 16-18
week wait for the new pole and then shipping time must be
added, and all he has been attempting to do is.keep the
project moving. The only other alternative is to request
the City to pay the entire cost of moving the pole, but to
do that, the matter would have to go on the City Council
Agenda, which would require at least two more weeks.
27
FEB 163 1983 .PAGE.
FEB16 193 . 816
ON MOTION MADE by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the Board
unanimously authorized the Administrator to
formally request a special called meeting
with the City of Vero Beach to discuss this
matter as soon as possible.
Discussion followed as to the need for a franchise or
some type of agreement with the City of Vero Beach in regard
to the use of their rights-of-way for utilities, etc. It
was noted that although we have some specific pole agree-
ments, we need to have an agreement with the City setting
out general rights and responsibilities in this regard.
Attorney Brandenburg felt the present problem with 8th
Street exemplifies the need for such an agreement with the
City.
ON MOTION MADE by Commissioner Lyons,
SECONDED by Commissioner Wodtke, the
Board unanimously authorized Commissioner
Scurlock to continue his work in connection
with establishing a formal agreement on
utilities between the County and the City
of Vero Beach and report back to the Board.
FINAL PLAT APPROVAL - GREEN ACRES ESTATES
Community Development Director King reviewed the
_ following staff recommendation:
28
TO: The Honorable Members DATE: February 9, 1983 FILE:
of the Board of
County Commissioners
DIVISION HEAD CONCURRENCE:
FINAL PLAT APPROVAL OF
SUBJECT.
GREEN ACRES ESTATES SUB-
atrick Bruce King, I DIViSIO1V, PLAT I
FROM: Clare. Zimmerman 4"1 REFERENCES;
Planner I
It is requested that the information presented herein be given formal
consideration by the Board of County Commissioners at their regular
meeting on February 16, 1983.
DESCRIPTION AND CONDITIONS:
Green Acres Estates Subdivision, Plat.I, is a 20- lot subdivision
located on the south side of Oslo Road, west of 43rd Avenue. the
zoning classification of the subdivision is R-1,'Single-Family Res-
idential, 6 dwelling units/acre allowable building density and the
land use classification of the property is LD -1, Low -Density Residentia.
3 dwelling units/acre allowable building density. The subdivision is
approximately 13.5 acres in size. preliminary plat approval was
granted to the subdivision on September 2, 1981.
ALTERNATIVES AND ANALYSIS:
Staff has reviewed the Final Plat and found it to be in substantial
conformance with the Preliminary Plat which was approved by the Board
of County Commissioners, as well as being in conformance with County
regulations.
Staff has recommended that the applicant submit a bond in the amount
of $1,000 as surety that street signs be installed and grass seeding
maintained. The applicant has agreed to comply with this
recommendation.
Also, the Certificate of Dedication does not include a statement of
dedication for the drainage right-of-way between Blocks A and B and
Blocks C and D. Staff has recommended that the Certificate of Dedica-
tion be amended to state that streets, easements and rights-of-way be
dedicated to the public. The applicant has verbally agreed with this
staff recommendation.
Thirdly, the copies of the Final Plat submitted to the staff for
review have not been signed and sealed by the Engineer of Record.
Staff has recommended that all required signatures, other than that of
the Clerk of the Court, be in place prior to or simultaneous with the
Board's consideration of final plat approval.
RECOMMENDATION:
Staff recommends that Final Plat approval be granted to Green Acres
Estates Subdivision, Plat I, subject to the following conditions:
1) That the applicant post, and the County accept, a $1,000 bond
as surety that.signs will be installed and grass seed planted.
29
FEB 161983 �AcE_817
r FEB 16 193
RECOMMENDATIONS:
(Continued)
2) That the Certificate of Dedication on the plat be amended to
state that streets, easements and rights-of-way be dedicated to
the public.
3) That the Engineer sign and seal the final plat simultaneous with
the Board's consideration and granting of Final Plat approval.
Commissioner Scurlock brought up the question of paying
interest on these funds placed in escrow and felt this must
be decided on at the time the bonds are accepted. Adminis-
trator Wright suggested that we go with a passbook account
in this particular case.
Commissioner Scurlock questioned whether interest
incurred on such bonds would go into the General Fund or to
the Community Development Department to cover -costs of
services rendered. Attorney Brandenburg advised that the
interest incurred is treated as unanticipated revenue and
must go into the General Fund.
Commissioner Scurlock questioned treating these funds
in this manner and suggested that, in our next budgetary
session, we begin budgeting an anticipated revenue account.
It was agreed this could be done.
Commissioner Wodtke did not feel we should pay any
interest on the bond in this case because the applicant is
Putting up the bond for the privilege of getting final plat
approval before grass seed is planted and signs installed.
Administrator Wright agreed the applicant is gaining a
benefit and also felt that any amounts escrowed for less
than 90 days should not be paid any interest.
Considerable discussion followed when Commissioner
Lyons expressed his concern about the difference between the
current zoning of R-1, which allows a density of 6 units per
30
acre, and the Master Plan designation, which only allows 3
dwelling units per acre.
MOTION WAS 14ADE by Commissioner Scurlock
SECONDED by Commissioner Wodtke, to approve
staff recommendation, subject to the three
conditions listed, and adopt a position that we
not pay any interest on this particular money
placed in escrow.
Additional discussion ensued regarding the inconsis-
tency between the Master Plan and the zoning. Possible
solutions and down zonings were suggested, but it was noted
that rezoning to R-lA or R-1AA, for instance, would require
building houses of a larger square footage, which would not
be economically compatible with this area. It was further
noted that staff has not had time to get into the adminis-
trative rezonings which are required to get zoning into
compliance with the Master Plan designations.
The Commissioners agreed that a solution could not be
found today to the problem that occurs when the existing
zoning differs from the Master Plan designation.
THE QUESTION WAS CALLED by Chairman Bird.
The Motion was voted on and carried
unanimously.
APPROVAL TO ADVERTISE FOR PUBLIC HEARING - ORDINANCE TO
REPEAL CERTAIN SPECIAL ACTS
The Board reviewed the draft of a proposed Ordinance
which would repeal various Special Acts and various
Ordinances.
Attorney Brandenburg explained the need to'have certain
outdated acts repealed in order to thin out the law books
31 -.
$9
FEB - 1983 arccf '
r FEB 16 1933 52
and went over item by item each request for deletion as the
Commissioners followed in their copies of the code book.
ON MOTION MADE by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the Board
unanimously authorized the County Attorney
to advertise a Public Hearing re adoption
of an Ordinance to repeal the Special Acts,
etc., as recommended by the County Attorney.
SETTLEMENT AGREEMENT - WORKER'S COMPENSATION
GOODMAN VS INDIAN RIVER COUNTY
Attorney Brandenburg submitted the report on Herbert
Goodman vs. Indian River County as a discussion item only,
and recommended that no action be taken as that will allow
settlement to go through. He explained the idea here was to
terminate all County responsibilities for any past injury or
disability and past wage loss, plus future wage loss, ,
leaving open only the issue of future medical treatment. He
stated that a $5,000 settlement is in the best interests of
the County.
The Board concurred with the Attorney's recommendation.
REPORT ON ACTIONS OF THE LEGISLATIVE DELEGATION
Attorney Brandenburg reported on the actions of the
Legislative Delegation held 2/8/82, and requested that the
Board authorize action as set out in the following memos
32
TO: Board of DATE: February 8, 1983 FILE:
County Commissioners
SUBJECT: AGENDA ITEM -
Actions of the
Legislative. Delegation
FROM: Gary M.. Brandenburg REFERENCES:
.County Attorney
Please be advised that I appeared before the Indian River County
Legislative Delegation on Tuesday, February 8, 1983, and presented
three items on behalf of Indian River County.
1. The repeal of the old platting law. The delegation meted to
pursue the repeal of this 1953 Special Act.
2. A general law amendment to the Tourist Development Tax to allow
proceeds derived to be used for restoration or maintenance of
beaches. The delegation was responsive to this proposal and
indicated its intent to work with Indian River County and Vero
Beach representatives to accomplish this goal. Members of the
delegation suggested that the County try to muster as wide a
support for this proposal as possible as early as possible,
such as the State Association of County Commissioners and other
County Commissions.
3. I suggested that a Special Act should be adopted to remove
Chapter 74-500 relating to the method of establishing millage
rates, from the Code of Laws and Ordinances of Indian River
County as being in conflict with the trim.bill and sales tax
law. Sen. Maxwell's office offered their staff time in helping
to review'this matter to determine the necessity of such a bill
(copy of Special Act 74-500 attached for your review).
RECOMMENDATION
A. Authorize the County Attorney to pursue a Special Act, if
necessary, to repeal Laws of Florida Chapter 74-500, Special
Acts 1974.
B. Authorize the Chairman of the County Commission to write a
letter to adjoining coastal counties requesting their support
of the proposed amendment to the Tourist Development Tax law
and authorize representatives of the County to monitor and
attend committee meetings in Tallahassee to lobby in support of
this bill.
MOTION WAS MADE by Commissioner Scurlock
SECONDED by Commissioner Lyons, to approve
the recommendation of the County Attorney
as outlined in his memoof2/8/83, Items A
and B.
33
as 2 PAGE KI .
FEB 15 1983
Commissioner Wodtke requested copies of the proposed
letter to support an amendment to the Tourist Development
Tax law be sent to John Thomas, Executive Director of the
State Association of County Commissioners, with the request
to lobby intently on our behalf.
THE QUESTION WAS CALLED by Chairman Bird.
It was voted on and carried 4-0.
Chairman Bird asked the County Attorney for his assis-
tance in drafting the letter and also suggested asking for
the support of the League of Cities.
REPORT - TREASURE COAST SEWAGE SYSTEM
Commissioner Lyons requested an explanation of how it
happened that the County is accused of polluting the Trea-
sure Coast sewage system as reported in today's newspaper.
Terry Pinto, Director of Utilities, explained that the
County had inherited an extremely bad water system and were
in the process of -changing it into an efficient one. The
Pollution occurred because the County is presently using a
chlorine system that uses a single -cylinder of gas, and if
the bottle is allowed to run out, there is a lapse of a
short period of time when no chlorine is present in the
System. Mr. Pinto felt that a new mode of chlorination which
*ill induce much higher levels of chlorine will make it
Unnecessary to worry about the bottle running out.
Commissioner Lyons emphasized that it is the respon-
sibility of the County to keep the system chlorinated and to
set an example. He did not see how we can deal with pol-
lution violations in other areas when we have not kept our
own house in order and believed someone is due for some
discipline for allowing this to happen.
Mr. Pinto noted that he has the same concerns. He re -
34
M M
ported that a meeting is scheduled.to educate all employees
involved in the current systema He felt such a meeting,
plus the change in the mode of treatment, will prevent this
from happening in the future.
Chairman Bird asked if a high chlorine level would
cause a biological problem in the effluent pond. Mr. Pinto
replied that they won't be operating the pond as biological
treatment; it will be a different and more expensive type of
treatment because of the chemicals used, and there will be
far less chance of a similar problem arising.
Administrator Wright agreed it is unfortunate t -bis
happened, but was sure it will not happen in the future. He
believed the Utilities Dept. acted expeditiously as possible
to correct the problem.
CONSIDERATION OF DR. WALKER AS MEDICAL EXAMINER FOR THE
NINETEENTH CIRCUIT
The Board had deferred this matter from the morning
session in order to obtain additional information.
Commissioner Wodtke reported that he had been able to
contact Dr. Schofield, who advised on behalf of area
Z
pathologists who had worked with Dr. Walker, that he was
considered very capable and competent. Dr. Schofield stated
that he personally would have no problems with Dr. Walker's
appointment and added that none of the doctors in Indian
River County would like to operate at that level, but
preferred to continue to act in -an assistant role.
ON.MOTION MADE by Commissioner Wodtke,
SECONDED by Commissioner Scurlock, the
Board unanimously authorized Chairman Bird
to write a letter to State Attorney
35
FEB 116119831
Robert E. Stone, endorsing the submis-
sion of Dr. Leonard Walker's name to be
considered for appointment as Medical
Examiner for the Nineteenth Circuit.
REPORT ON TRANSPORTATION PLANNING COMMITTEE MEETING -
BARRIER ISLAND
Ne 824
Commissioner Scurlock submitted the following report:
TRANSPORATION PLANNING C40TEE
REPORT ON ACTIONS, FEBRUARY 8, 1983 ,
1) Barrier Island Traffic Study:
Committee agreed to hold a special meeting including City of Vero
Beach officials and interested citizens on February 22, 1983 at
10:00AN, Conuni pion Conference Room.
2) S 1 gin I i zation Stu(ly - Lj.S. #1 at 15th Place:
Staff presented conceptual traffic plan for the commercial plazas
west of U.S.#1 Committee directed staff to contact property owners/
merchants in the area to request finding through user -fees.
3) 20th Avenue Corridor Study:
Committee approved staff recommendations to upgrade the traffic signal
at 20th Avenue/ZOth Street. Staff was directed to submit the report
to FDOT for funding approval.
4) Intersection Stpdy - U.S.#I at CR -512:
Committee approved staff recommendation to signalize this intersection
and to submit report to FDOT for funding approval.
5) Intersection Study - U.S. #1 at Schumann Drive:
Committee approved staff recommendation to signalize this intersection.
The City of Sebastian, as maintaining agency, will process further with
FMT .
6) Urhan Intersection Signing Project:
Thi committee approved this project proposed by.FDOT to install large
street name sigxis on traffic signal span wire on the state road system.
The state will i,►ear installation costs with maintenance subsequently
turneoi over to the County.
Commissioner Scurlock reported'on an additional item
regarding the resurfacing of State Road AlA through Indian
River Shores, noting that the Town has been successful in
coming to an agreement with the D.O.T. that if the Town will
increase its base materials to three lanes, the D.O.T. will
resurface the entire road through the town limits. Indian
36
M
River Shores has come up with a funding formula where they
will pick up about 60% and have an assessment roll which,
basically, equates to no more than $100 per residential
unit, and they hope to be able to do the project at a total
cost of $240,000.
Commissioner Scurlock continued that the County will
eventually be asked to participate for the unincorporated
area which includes the Tracking Station. The total dollars
involved would be approximately $25,000, of which $10,000
would come from the assessment of our property at the
Tracking Station, and we would have the flexibility to adopt
a similar assessment procedure to raise the remainder.
Commissioner Scurlock stated that he brought this matter to
the Board's attention today as he felt it is a matter we
will be addressing and he wanted to put it out for
consideration. 'He further recommended that we try to
coordinate this activity with the City of Vero Beach as the
portion of SR AIA between Beachland Boulevard and Jaycee
Park is up on the D.O.T. program and it was hoped that the
D.O.T. might give the City similar consideration which would
allow three laning of AlA all the way from Beachland
Boulevard through the Town of Indian River Shores, greatly
improving traffic flow.
It was generally agreed this is a great program and a
great opportunity, and Commissioner Wodtke stated that he
would like to have the continuation of the bike path
considered along with the same project.
The Public Works Director will be discussing this at
the next Board meeting.
REPORT- REGIONAL PLANNING COUNCIL
Commissioner Scurlock reported that no Indian River
County rivers are listed under the Regional Planning Coun-
cil's wetlands policy, which he felt is significant, and he
37
FEB16-1983 ��2 -?Anx $25
r FEB 16 193
52;' 826
would like the Community Development staff to react to this
and make comment to Commissioner Lyons on the proposed Bill.
Commissioner Bird reported that he had received a
letter addressed to former Commissioner Fletcher from an
Attorney representing property owners on the Sebastian
River. He believed we had previously authorized Mr.
Fletcher to spearhead some studies involving the Sebastian
River, and was not sure how to answer this letter.
In further discussion, it was suggested that we ask the
new County Commissioner who will be appointed for the North
County District to check with Mr. Fletcher to see if he
wishes to pursue the matter further.
REALTOR'S BOARD TO BECOME MORE INVOLVED IN LOCAL GOVERNMENT
Paul Koehler, President of the Vero Beach -Indian River
County Board of Realtors, made the following presentation:
MY NAME IS PAUL KOEHLER OF 1815 28TH AVENUE. I AM THE
PRESIDENT OF.THE VERO BEACH - INDIAN RIVER COUNTY BOARD OF
REALTORS, AND REPRESENTING THAT ASSOCIATION TODAY.
THE BOARD OF REALTORS HAS DECIDED TO BECOME INVOLVED IN
MATTRS THAT PERTAIN TO REAL PROPERTY RIGHTS. WE WOULD LIKE
TO TAKE A POSITIVE POSITION AND HELP IN THE DECISION MAKING
PROC SS THAT AFFECT THESE RIGHTS.
IN GENERAL WE HAVE THE SAME GOALS THAT YOU HAVE IN
HELPING INDIAN RIVER COUNTY GROW, BUT GROW WITH BEAUTY,
ACCEPTABLE DENSITY, WITH THOUGHT, CONTROL AND PURPOSE.
THE MEN AND WOMEN WHO BELONG TO THE BOARD OF REALTORS
(AND THEY ARE 600 STRONG) HAVE INDEPTH KNOWLEDGE OF REAL
ESTATE, PLANNING, ZONING, FINANCING, RESTRICTIONS AND GOOD
COMMON SENSE. WE WOULD LIKE TO OFFER THIS KNOWLEDGE TO YOU
AND YOUR STAFF, NOT ONLY DO WE HAVE THE EXPERTISE OF LOCAL
REALTORS BUT WE CAN OFFER THE EXPERTISE OF THE STATE AND
NATIONAL ASSOCIATIONS. THIS EXPERTISE COVERS ALL ASPECTS
OF LAND_ USE.
W
TO FORTIFY OUR DESIRE TO SERVE AND BE INVOLVED, WE HAVE
DEVELOPED A COMMTTT EE TO ATTEND ALL COUNTY AND CITY MEETINGS,
AND THE PLANNiN( AND ZONING MEETINGS. IN ADDITION TO THIS,
WE HAVE FORMED A POLIT iCAL ACTION COMMITTEE AND ARE HIRING
A POLITICAL L-AISON PFRSON. I WOULD LIKE TO INTRODUCE -OUR
COMMITTEE CHAIRMAN, MR. NEIL NELSON. WE HAVE NOT HIRED THE
LIAISON PERSON AT THIS TIME.
MAY I REVIEW WITH YOU HOW WE WILL BE INVOLVED AND OUR
PURPOSE:
1.) BY ATTENDING THE MEETINGS OF THE COMMISSION AND PLANNING
DEPARTMENT.
2.) BY ESTABLISHING AN EFFECTIVE AND COOPERATIVE NETWORK
BETWEEN OUR BOARD,'YOU, AND YOUR STAFF.
3.) I BELIEVE THIS WILL LEAD TO BETTER USE OF OUR LAND,
PROMOTION OF PROPERTY RIGHTS, AND TO BETTER SERVE ALL THE
CITIZENS OF INDIAN RIVER COUNTY.
Commissioner Lyons stated that he would welcome the
input of the Board of. Realtors, and Commissioner Scurlock
concurred that it is important for various elements of the
community to participate in County government.
Chairman Bird suggested the Realtors Board recommend a
qualified applicant for the "realtor" seat on the new Code
Enforcement Board, and advised the Commission needs the name
submitted at least a.week in advance of the March 16, 1983
Regular Meeting.
REPORT ON BEACH RESTORATION AND PRESERVATION COMMITTEE
MEETING.
Commissioner Wodtke reported that a meeting of the
above Committee was held on February 8th. He felt it was an
excellent meeting and that they had made excellent progress
in their approach to determining an equal and fair distribu-
tion of the cost of beach renourishment. He reported that
they have been looking at figures on an assessment basis as
well as on a footage basis and they will look at valuations
r F E 8 16 199
and square footage in conjunction with the coastal
828
construction setback line. There seems to be a very strong
feeling that a definite responsibility rests on the upland
property owners in conjunction with the coastal construction
setback line.
Commissioner Wodtke reported that he and Public Works
Director Davis had met with Andy Hobbs of the Corps of
Engineers in Jacksonville the previous week.
Mr. Davis distributed a summary of that meeting to the
Commissioners, as follows:
TO: DATE: FILE:
Com<n�.ssioner William C. Wodtke February 14, 1983
TIMUGH: Mich
County #iLstrator
SUBJECT: Report of meeting beld February 10,
1983 at the Jacksonville, Florida
office of the U.S Army Corps. of
Engineers concerning the Indian River
County Beach Renourishment Project
FROM: : James
W. Davis, P. REFERENCES:
Public Works Directo j
On Feiay 10, 1983, at 12:30PM, a meeting was held at the Jacksonville, Florida
office Gf the U.S. Any Corps. of Engineers attended by:
Andy Hobbs - Chief, Coastal Branch, C.O.E.
Charlie Stevens - Study Manager, C.O.E.
Earl Howard- Coastal Engineer Division, C.O.E.
naissioner William C. Wodtke, Chairman Beach Preservation and Restoration
CcnTdttee
Chainmen Richard N. Bird, Board of County Commissioners
Michael Wright - County Administrator
Gary Brandenburg - County Attorney
James W. Davis - Public Works Director
Mr. FbUx informed the attendees that the Indian River County Beach Renourishment Project
is currently in the Washington, D.C. office of the Chief) U.S. Army Corps. of Engineers.
Indian River County s Project, along with some 200 -other various projects, is being
held by the Chief of the C.O.E. pending action by Congress and the President to indicate
the authorization of a Water Resource Program or similar Public Works Programs. At
this tip, the Corps. is trying to get authorization to begin further Engineering
on thesat 200 projects so that the Engineering.work does not suddenly impact their
design section all at once. The most important fact at this time is that Indian
River Cotxty does not have an authorized Project.
Mr. Hobbs` informed the County representatives that the U.S. House of Representatives
approved Indian River County's request for FY 83/84 federal fmding in the amount of
$130,000 for the additional C.O.E. Engineering work, as included by the D.E.R. in the
-annual Public Works Program Budget. The House passed the request on to the U.S.Senate,
40
where the Indian River County project was not approved. While speaking with Gene Walton,
D.E.R. on February 14, 1983, this action was confirmed. The D.E.R. will continue
submitting to the Federal Government our application, and the D.E.R. encourages us
to tack to Linda Goodgame, Senator Lawton Chiles staff aid (202/224-5274).,and also
Senator Hawkins, and request that the Senate approve Indian River County's project.
Gene Walton, D.E.R., also inforned me that even though the D.E.R. Bureau of Water
Managen-ent endorses the project, the D.E.R. Permitting Section has not taken a position.
At this time, the Permitting Section has stated that it needs more information from
the Corps. The Permitting Section will not approve it until the Corps. General Design
Memorandtun is issued. At this time, the Permitting Section has not rejected the project,
therefore, Water Resources assumes that Permitting obstacles can be overcne.
Andy Hobbs has recommended that the County not proceed with establishment of the D.N.R.
Erosion Control Line until the project is authorized by Congress. Conversation with
Gary. Bishop, D.N.R. Division of State Lands (Sunean 2788123) Land Management Specialist
informed the caller that normally the project is authorized prior to starting the E.C.L.
Establishment. The owners of 51% of the fronting land must approve the line. The
County or Erosion Control District must submit a resolution requesting the E.C.L. be
approved when the physical survey is submitted to the Division of State Lands. As
far as D.N.R. is concerned, the E.C.L. is a 3 prong project. 1) The D.N.R. Division
of State Submerged lands approved easements for Borrow Areas (control person would
be. Gloria Watson) 2) D.N.R. Beaches and Shores issues permits to work Seaward of the
Coastal Control line (contact person Mark Leadon -488-3180)
3)The D.N.R. Division of State Lands - processes the E.C.L. after approval by Beaches
and Shores to establish ownership rights.
The E.C.L. should not be established more than 2 years before the work is proposed.
Andy Hobbs has stated that the Cost Sharing formula of 50% Federal Participation/
37 3-2% State Participation/ 12 h% Local Participation has no indication of being
changed by Congress and the President.
In stuTmary, action by the U.S. Senate denying FY 83 Funding in the amount of $130,000
for the Indian River County Project and no action by Congress and the President at
this time to fund a Water Resource/Public Works Program will probably delay the beach
Renourishmsnt Project. From this meeting, it appears that construction of the Indian
River County Beach Renourishnent Project would probably not commence until late 1985
or sometime thereafter, depending upon Congressional Funding, Establishment of the-
E.C.L., and State and C.Q.E. permitting.
Administrator Wright felt the key issue is that we lost
about six months and, if this project is going to succeed,
we are going to need as much lobbying as we can get with our
Congressional people.
Considerable discussion followed on the need for beach
renourishment, a referendum, etc., and Commissioner Lyons
felt that along with the restoration, we should see more
studies on what steps could be taken in beach conservation
in order to gain more time between renourishment projects -
for example, the use of artificial seaweed.
It was felt that most everything -we were thinking of
would require a referendum, and Chairman Bird believed we
41
FEB 16 1983 AGE$ 9
FEB 16 1983 CE :3,
0
are leading a two-pronged attack: 1) searching out how to
fund the project if it is approved, and 2) continuing to try
to get approval of the project. He asked what we could do
to bring pressure to bear on the Federal Legislature to get
funded.
Commissioner Wodtke stated that he would keep in touch
with our U. S. Senators as well as our local representatives
.because until we are funded, we don't have anything. It,was
generally agreed we need to move forward with our legwork
and education so all this will be available when we are
ready to move.
HAZARDOUS STRUCTURES DEMOLITION
The Board reviewed the following memo from Assistant
County Attorney, Chris Paull, the attached building in-
spection surveys, and Resolution of the City of Sebastian
urging demolition of the Highlands Motel:
TO: Board of DATE: February 8, 1983 FILE:
County Commissioners
SUBJECT: Notice of Hazardous
Structures and Request for
Authorization to Demolish
FROM: Chrifant
r J. Paull REFERENCES:
hssiCounty Attorney
In accordance with Ordinance No. 71-1, Chapter 4 Article II, Code
of Laws and Ordinances, the Building Director through this office
is requesting authorization from the Board of County Commissioners
to demolish and remove certain hazardous structures at the
following two locations in the unincorporated area of the County.
Ester -Rymer, Building Director, will be present today to provide
the Board with analysis of her Department's latest building
inspections.
1. An abandoned and dilapidated SINGLE FAMILY STRUCTURE at 2580
42nd Place, also known as Lot 4, Block 7, Spruce Park
Subdivision. Apparent owner of record is Johnnie Mae Bagley
Johnson, P. 0. Boit 367, Sanford, Florida.
42
Notice to this individual to correct the situation or demolish
same was last attempted on December 14, 1982, but was returned
"Addressee Unknown." Diligent search and inquiry by the
Planning & Zoning Department has not produced any better
information as to the present whereabouts of this owner. The
property has been duly posted. Notice of this meeting has also
been mailed to the last known address of the owner.
Recommended Action -- It is this office'.s opinion that all
ordinance prerequisites have been satisfied with respect to
this property and that the Board may take action if it desires
to:
(a) Cause demolition of this structure immediately (or after a
grace period if deemed appropriate); and
(b) Authorize the filing of a lien against this property for
all costs incurred with respect to the demolition.
2. HIGHLANDS MOTEL located on North U. S. 1 near Sebastian,
Florida, Parcel Control #17-3I-39-000-3000-014.0, apparent
owner of record, Dr. Charles A. Fenner, 3000 North A -1-A,
Indialantic, Florida 32903.
Located on this well known premises are three motel buildings,
a swimming pool, and a storage building. The attached
inspection report describes the condition of this property as
of the end of January, 1983. All notices required by Chapter 4
of the Code of Laws and Ordinances have been delivered or
attempts to do so have been made which have been frustrated by
Dr. Fenner. One such certified notice was recently accepted by
Mrs. Mary Sue Fenner for her husband, but same was returned
unopened several days later in the mail marked "Refused." The
property has been duly posted and the owner has, in addition,
been.notified of this meeting by telephone communication and
certified mail.
You may recall that past County attempts to demolish this
property resulted in the filing of a 1981 Federal Court action
against the County by Dr. Fenner. This lawsuit was voluntarily
dismissed by Dr. Fenner's attorney who no longer represents Dr.
Fenner and has no desire to reinitiate said proceeding. The
County has received no guaranty directly from Dr. Fenner that
he would not retain another attorney to pursue his cause, but
it is not felt likely that he has a legitimate basis for doing
so.
Recommended Action - It is this office's opinion that all
ordinance prerequisites have been satisfied with respect to
this property and that the Board may take action if it desires
to:
(a) Cause demolition of these structures immediately (or after
a grace period as deemed appropriate); and
(b) Authorize the filing of a lien against this property for
all costs incurred with respect to the demolition.
FEB 16 1983 -
BOARD OF COUNTYCOMMISSIONERS
1840 25th Street, Vero Beach, Florida .32960
Building Department - 1053 20th Place
Telephone: (305) 567-8000
February 9, 1983
TO WHOM IT MAY CONCERN:
Re: On site inspection
Parcel #26-32-39-05-0070-004.0
Lot 5, Block 7, Spruce Park
2580 42nd Place
Suncom Telephone: (305) 424-1012
An inspection was conducted on the above referenced property on Tuesday,
February 8, 1983.
This building is structurally.unsafe, unsanitary, not provided with
adequate egress, constitutes a fire hazard, and constitutes a hazard
to safety and health by reason of inadequate maintenance, dilapidation,
obsolescense and abandonment.
BUILDING INSPECTION SURVEY
1. Roof is severely deteriorated, dry rotted, and in immediate danger
of collapsing.
2. The flooring in the entire structure is deteriorated beyond repair.
3. Exterior walls are structurally unsafe (rotted).
4. No windows or doors.
5. Eleetrical 100% deteriorated.
6. Pludbing 100% deteriorated.
7. A portion of the structure has suffered fire damage.
8. The building is being used for garbage disposal.
9. The surrounding area is overgrown with weeds and debris which tend
to be a breeding place or haven for snakes and vermin and creates
a fire hazard for adjoining property owners.
10. The property and structure is in a total state of disrepair, and
a disgrace to the community.
Every effort should be made to immediately remove this structure and all
debris from the,pFemise.
C.
Ester L. Rymer /
Building Directo
44
TO 14HOM IT MAY CONCERN:
Re: On site inspection
Highland Motel
(Building & Swimming Pool)
Parcel #17-31-39-000-3000-014.0
January 31, 1983
An inspection was conducted on the above referenced property on Friday,
January 28, 1983.
These buildings have suffered further damage and severe deterioration
since notification dated 1012/79 and subsequent notifications.
All buildings and structures are unsafe, unsanitary, not provided with
adequate egress, constitute a fire -hazard, and constitute a hazard to
safety and health by reason of inadequate maintenance, dilapidation,
obsolescence, and abandonment.
BUILDING INSPECTION SURVEY
1) Swimming Pool area is overgrown with weeds. Stagnant water
visible. Roof is missing on the pool equipment room. Electrical
equipment and pool equipment is a total loss - damaged beyond
repair.
2) Large freestanding sign is leaning, showing signs of deterioration.
3) North building; (Building #l)
a) Plumbing is 100% destroyed.
b) All windows broken.
c) Walls full of holes.
d) Exterior doors missing
e) Holes in ceiling plaster falling.
f) Roof rafters are deteriorated.
g) piles of rotten lumber stacked around building
h) Electrical is 100% destroyed.
4) Center building (Building #2)
a) Roof is completely deteriorated in the center portion.
b) All -glass broken.
c) Interior wall board deteriorated beyond repair.
d) Evidence of fire damage - roof members charred.
5) South Building. (Building #3)
a) Covered Walkway - Beam is deteriorated. Structurally un-
sound - Pulling away from main structure. In danger of
collapse in the immediate future.
b) Exterior block wall parallel to U.S. #1 is completely
demolished.
c) Concrete beam - structurally deteriorated.
d) Roof deteriorated beyond repair.
e) Windows broken.
f) No exterior doors.
g) Plumbing 100% destroyed.
h) Electrical 100% destroyed.
6) Small Storage Room (Rear of Units)
a) Fire damaged.
b) Interior completely destroyed.
c) Roof structurally deteriorated.
d) Strength of concrete walls is questionable.
Ester L. Rymer
Building Director
45
FEB 16'1983 c94 nu &33
16 1983 � Pact ;
FEB ��
RESOLUTION N0. — S 3 3
A RESOLUTION URGING INDIAN RrVER COUNTY TO
CONDEMN AND DEMOLISFI THE FORMER "HIGHLANDS"
MOTEL ON U. S. HIGHWAY #1, SOUTH OF THE CITY
OF SEBASTIAN CITY LIMITS
WHEREAS, the "HIGHLANDS" Motel, immediately South
and adjacent to the City limits of the City of Sebastian
on U. S. Highway No. 1 and Schumann Drive, has been vacant
since 1975; and
WHEREAS, the physical condition of the building,
appurtenances, and grounds has deteriorated steadily from
1975 to the present without any physical improvements to
the property ever being made during this time by the
owner; and
WHEREAS, the site appears to be an attractive
nuisance, has been vandalized and is a haven for rats,
snakes and other vermin; and
WHEREAS, the unsightly appearance of the building,
appurtenances, and grounds detracts from the overall
appearance of the surrounding community of Sebastian Highlands,
Twin Lakes Section, as well as the unincorporated area in
Indian River.County.
Now, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF
THE CITY OF SEBASTIAN, FLORIDA:
That the Board of County Commissioners of Indian
River County, Florida, is urged to take immediate action
within the bounds of law to condemn and demolish the
site of the former Highlands Motel for the general health,
safety, welfare and the appearance of the community.
This Resolution was duly passed and adopted by
the Council of the laity of Sebastian, Florida, this
day of—lel�,1983.
Mayor.
ATTEST:
City Clerk.
46
1. Single Family Structure- Owner: Johnnie Mae Bagley
Johnson
Assistant County Attorney Paull confirmed that :every
effort has been made to contact Ms. Johnson, not only
through the Tax Collector's office, but through a title
abstract search. Taxes have not been paid on this prpperty
for two years, and he recommended that the Board authorize
demolition.
The Chairman asked if anyone present wished to; be
heard. There were none.
MOTION WAS MADE by Commissioner Lyons, SECONDED
by Commissioner Scurlock, to authorize staff to
proceed with the demolition of the single family
structure at 2580 42nd Place (Lot 4, Block 7,
Spruce Park Subdivision) owned by Johnnie Mae
Bagley Johnson and file a lien against said
property for costs incurred in demolition.
Attorney Paull suggested that the Board direct the
Administrator how soon they wish this building demolished.
He noted that one more attempt could be made to contact the
owner if desired, although he felt it would be fruitless.
Commissioner Lyons and Scurlock agreed to add the
following to the above Motion:
FE B 16.198352
to direct that one more attempt be made to
contact property owner Johnson, and if nothing
is heard within two weeks, to proceed with de-
molition.
THE CHAIRMAN CALLED FOR THE QUESTION on the
Motion with the above addition. It was
voted on and carried unanimously.
47
PAGE p�`5
FEB 16 198 c 5� ���z
2. Highlands Motel - Owner: Dr. Charles A. Fenner
Chris Paullreviewedthe extensive past history per-
taining to demolition of the Highlands Motel, which is owned
by Dr. Charles A. Fenner. He recommended the County proceed
with the demolition of this property and advised that proper
notice had been given to satisfy the ordinance requirements
as evidenced by the following affidavit:
State of Florida
County of Indian River
AFFIDAVIT AS TO NOTICE
BEFORE ME, the undersigned authority personally appeared
CHRISTOPHER J. PAULL who was sworn and says:
1. I am the Assistant County Attorney for Indian River
County, Florida and in the course of my duties have been attempt-
ing to deliver notification.to.Dr. Charles A. Fenner regarding the
County Commission's consideration of whether to demolish a certain
property known as the Highlands Motel and Pool, located on North
U. S. #1 in Indian -River County.
2. On or about February 8, 1983, I spoke personally by,
telephone communication with Mrs.:Mary Sue Fenner, who identified -
herself as the wife of Dr. Charles Fenner, and at that time I
advised her that the County Commission would be considering this
matter again, as it had in the past.
3. Mrs. Fenner acknowledged that she would attempt to
relay my message to her husband at her earliest convenience.
4. Mrs. Fenner further acknowledged that she would
receive certified mail notice' -of this matter upon its delivery to
their address, which she identified as 3000 North A -1-A,
Indialantic, Florida 32903. Such notice was mailed from this
office: on February 9, 1983, by certified mail to the afore-
mentioned address.
5. Following my conversation with Mrs. Fenner, and
prior to this date, I have further attempted to contact and
deliver personal notice to Dr. Fenner by telephone and have left
such notice on at least three (3) separate occasions by message on
Dr. Fenner's telephone recording device, at the same telephone
number at which I had spoken with Mrs. Fenner on February 8th
(305-723-7041).
FURTHER AFFIANT SAYETH NOT.
CHRISTOPHER J. PAULL
assistant County Attorney
16, 1983. Sworn to and subscribed before me on Wednesday, February
Notary, Publ is
G, K:G; 4
48
7-1
r
Ester Rymer, City -County Building Director, addressed
the Board regarding the current status of the property on
her visit to the premises on January 28, 1983, and 'reported
that the property was found to have suffered further struc-
tural damage, and severe deterioration. Attorney
Brandenburg asked Mrs. Rymer if therb was a health hazard
due to the use of the building by vagrants. She stated that
all the buildings on the premises were in an unsafe and
unsanitary condition and that mattresses and wine bottles
were in evidence. Mrs. Rymer stated that she has not seen
any attempt in the last 6-7 years to strengthen the struc-
tural makeup of these buildings and in her estimation, the
structure would collapse on its own in a very short time.
ON MOTION MADE by Commissioner Scurlock
SECONDED by Commissioner Wodtke, the Board
unanimously approved staff recommendation
and authorized staff to proceed with de-
molition of the Highlands Motel, North
2
U.S.1, Sebastian, Florida, after a two
weeks period; a lien to be filed against
said property for the expense involved in
demolition..
49
FEB 16 1983
I
r
F E B 16 1993 52
The Board of County Commissioners thereupon recessed
for lunch at 11:50 o'clock A.M. for lunch and reconvened at
1:45 o'clock P.M., with Commissioner Wodtke being temporar-
ily delayed.
SOUTH COUNTY FIRE DISTRICT
The Board of County Commissioners recessed at 1:46
o'clock P.M. in order that the District Board of Fire
Commissioners of the South Indian River County Fire District
might convene. Those Minutes are being prepared separately.
NORTH COUNTY FIRE DISTRICT
The Board of County Commissioners thereupon reconvened
at 1:50 o'clock P.M. and immediately recessed in order that
the District Board of Fire Commissioners of the North Indian
River County Fire District might convene. Those Minutes are
being prepared separately.
The Board of County Commissioners reconvened at 1:55
o'clock P.M. with Chairman Bird, and Commissioners Lyons and
Scurlock present. Commissioner Wodtke entered the meeting
at 1:55 o'clock P.M.
PRESENTATION BY ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
James Frazee of the St. Johns River Water Management
District came before the Board to make a presentation
explaining the District's activities in this county over the
past few years, which revolve around a project to evaluate
the shallow aquifer as a water resource for the county in
the future. He reported that this project has involved test
wells located at various garbage transfer sites and at
several school sites in the County. They have been doing
chemical analyses of the samplings taken from these wells,
which sampling is now complete and being evaluated. They
have not gone into organic contamination. Mr. Frazier
continued that they have installed continuous digital
50
recorders at several well sites, and these will provide
information on recharge into the aquifer, etc. They now
would like to add some additional monitoring wells at three
sites. Their goal is to define a good potential area for
future development. Right now they are trying to establish
a data base to provide future answers, and in the future,
they will define some safe yields to see how much expansion
of wellfields can occur in a defined area between the two
ridge areas. Mr. Frazee believed there is a very large
amount of water in the ridge area that can be used without
going to reverse osmosis, and he also felt the potential is
there to withdraw large quantities without having salt water
intrusion. He then introduced.David Toth who will be taking
over his responsibilities in this area and Al Aiken, who
also will be working onothis project next year.
Mr. Toth discussed the new drilling they would like to
do, explaining that they would like to do some pump tests on
the three transfer sites located at Roseland, Fellsmere and
Oslo. He continued that they are planning on a maximum of
six 2" wells to monitor the effect of pumping, and this will
tell them the storage capacity of the aquifer and how fast
it -can be recharged either laterally or from surface rain-
fall. They will also monitor the recorder sites quarterly.
Mr. Aiken, who will be working in conjunction with Mr.
Toth, informed the Board of the District's free flowing well
plugging program which they are pursuing in Brevard County.
This program is designed to stop unused flow from the lens
area, and Mr. Aiken reported that under this program they
have located two free flowing wells on the Barrier
Island in Brevard County, which are tapping potable water.
and running it into mosquito control impoundments; they
are going to be plugging these wells from bottom to -top
within the next few months. Mr. Aiken felt that Indian
River County, which has a history of agricultural type
51
FEB1983
FACE. 839
r
,FEB 16 198
industry, would be a high priority for such a well plugging
program since many of the free flowing wells they have
located are old agricultural wells that have been abandoned.
Mr. Aiken noted that since he is working on this program
alone, he will need as much input as possible, and it will
necessitate the County and the District working together.
Commissioner Lyons wished to know if Mr. Aikens has the
right to call these wells a nuisance and proceed to plug
them or whether it only can be done at the request of the
property owner.
Mr. Aiken stated that the Florida Statutes have a law
which makes these free flowing wells illegal, but it is
almost unenforceable, and they are trying to.work with the
property owners. He noted that in Brevard County, they
worked on a 50/50 cost basis with the county.
Mr. Frazee stressed that aside from the update on the
District's programs, they are here today to ask the Com-
mission's permission to add six observation wells at the
three long term monitoring sites they have been discussing.
They want to pump the main wells and use the proposed 2"
wells to monitor them. Mr. Frazee stated that after the
test periods, these monitoring wells can be removed, if
desired; however, they want to keep the main recorder wells
for a long time.
Commissioner Scurlock inquired about the economics
involved, and Mr. Frazee reported that they are funded from
the District and all they require from the Board is their
permission.
In further discussion it was noted that this is a
totally separate project from the U. S. Geodetic Survey.
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Scurlock, the Board unanimously
52
authorized the Administrator to make the neces-
sary arrangements with the Water Management
District for them to drill the proposed monitor-
ing wells.
STATUS OF DOUGLAS SCHOOL
Sheriff Dobeck reported that he has tried to contact
Mrs. Ingram of the West Wabasso Progressive Civic League,
but has been.unable to get in touch with her.
It was agreed to delay this item temporarily to make a
further effort to reach Mrs. Ingram.
REQUEST TO SHIFT FUNDS -IN SHERIFF'S BUDGET
Sheriff Dobeck came before the Board and reported that
he has an opportunity to purchase a brake machine at a
substantially reduced rate; these machines generally cost
about $5,000, and they currently pay $21 apiece to have
their brakes done. The Sheriff wished to transfer funds iri
the amount of $2,500 from the Auto Expense Account into
Capital Outlay. He explained that they had figured in the
budget an amount for the brake jobs that would have to be
done during the year, and they would be using that money to
purchase the machine outright.
Some discussion ensued as to whether there is any
possibility the County could utilize this machine also, and
Sheriff Dobeck felt there would undoubtedly be some downtime
when the brake machine would be available.
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Scurlock, the Board unani-
mously approved the following Budget Amendment
as requested by Sheriff Dobeck.
53
FEB 1 198 r�:
C-0
M
LLJ
INDIAN -RIVER —_ —COUNTY
Sheriff's Department
TOS. INDIAN RIVER COUNTY
Board of County Commissioners
Budget Accounts
.10 Personal Services
.30 Operating Expenses
.60 Capital Outlay
*Transfer from Auto Expense/Law Enforcement
Account 521
Contingency
TOT/LL BUDGET
BUDGET ACCOUNT AMENDMENT
No.: FY; -198?-1983
DATE REQUESTED
tLF0;82 '4
February _16jL_ 1983
I hereby request approval for the amendment of t budg s ssX
lcw:
& Sheriff
R. T. "T m" Dobeck
Original Budget or Last
Amended
FY 1982-1983
$ 2,844,386.00
820,337.00
260,183.00
10., 000.00
$ __ __3,934,906.00
Amendments Re4uesfed
S
2,500.00
20500.00
Budget Including Amendments
Requested
$ —.--2.844,386.00
817,837.00
262,683.00
1% 000.00
$ __ 3,9341900.00
This is to acknowl -ge iecei-1 by the Board o Commissioners tial. this.buogetjic=4M amtmdment has been
2-16-83 Approved Dl�iapp,oved
ate:
6i-' e
prol"Pli,.a, ti) to; 171 ture
"o
Chairman, BoardIlu-t County 1_�g 1-0
Ap 14 t Date
Commissioners, Indian River Co. and leg
ritle Florida-- title:
a rrp�
A!
IV
Ln
SHERIFF REQUESTS TRANSFER OF FUNDS FROM SEIZURE AND FORFEI-
TURE ACCOUNT
Sheriff Dobeck wished to discuss a proposed'tranefer of
funds as set out in the following letter:
6ber
• P. O. BOX 608
PHONE 5647911
R.T."TIM" DOBECK • iArDiAIV RivER COUNTY
MEMBER FLORIDA SHERIFFS ASSOCIATION
MEMBER OF NATIONAL SHERIFFS ASSOCIATION
VE80 BEACH, FLORMA 32000
February 16, 1983
Honorable Dick Bird, Chairman
Board of County Commissioners
1840 25th Street
Vero Beach, Florida 32960
Dear Commissioner Bird:
I am requesting the transfer of .funds from our seizure and
forfeiture account in the amounts broken down as follows:
$40,000 to be paid to W. R. Frizzell Architects,
Inc. for the jail study.
$2,000 for attorney fees incurred by Russ Peterson
for case #82-18842.
$2,141.38 for attorney fees to Sam Block for drug
related seizures in the following cases: 82-21176A,
82-23669 °and 82-20940.
$2,837.35 for investigative expenses incurred by
this department for the recovery of a boat,
RE: Case #82-18842.
These cases repres.ent a grand..total of $46,978.73
I would request that the -commission review this request as soon
0s possible to make the necessary transfer of funds available
to -meet these expenses.
Sincerely, '
u 4
R. T. "Tim" Dobeck, Sheriff
Indian River County
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Wodtke, the Board unanimously
added the Sheriff's request to the agenda.
55
FEB 16 1983 c 52* piu $43 `
r FES 16 _083
9. Pay 84.4
Sheriff Dobeck stated that he would like to take
$40,000 out of this fund and pay for the Jail study to
relieve the Board of that expense. He noted that when they
sold the confiscated boat, they placed $50,000 in this fund.
They incurred some expenses related to the sale and would
like to be reimbursed for those.
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Lyons, the Board unanimously
approved the transfer requested by the Sheriff
in his memo dated February 21, 1983, and author-
ized the following budget amendment:
Z
To: Board of County Commissioners
From: Jeffrey K. Barton, Finance Director
Subject: Sheriff Seizure and forfeiture account
February 21, 1983
The following are the accounts to allocate the transfer of funds per the attached
letter from R. T. "Tim" Dobeck,,Sheriff*to increase the budget from $13,191 to $46,979.
Account Title Account No. Increase Decrease
Confiscated.Property 112-000-351-20.00 33,7BU
Expense -Budget Office 112-600-521-99.93 33,788
DISCUSSION RE RECREATION FEES
Chairman Bird discussed the recreation fees charged by
the City of Vero Beach and the North County for certain
recreation programs, and noted that presently no fees are
being charged for the recreation program being conducted in
the Gifford community. He reported that Larry Staley, who
supervises the Gifford recreation program, would like to
have some activities such as a basketball league, an
aerobics class, etc., and the Chairman stated that, with the
Board's concurrence, he would like to authorize Community
Services Director Thomas to work with Mr. Staley to come up
with a fee schedule for the contemplated programs and bring
56
r o �
it back to the Board for formal adoption. As these programs
continue to expand, he believed it might be advisable at
some future date to consider whether we can give the Parks
Department authority to set some fees without having to come
back to the Board.
Commissioner Scurlock stated that he supports user fees
with some subsidization, but he felt that budget time would
be the appropriate time to set fee schedules.
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Wodtke, the Board unanimously
authorized staff to -make the necessary analysis
of fees for certain recreation programs and
report back.
DISCUSSION RE BICYCLE PATHS
Chairman Bird reported that a meeting of the Bicycle
Path Committee was held.to address the request of Attorney
George Collins in regard to constructing a bicycle pedes-
trian path from the southern edge of The Moorings to the
17th St. Bridge causeway because it is too dangerous for
anyone to ride bicycles in the traffic on SR AlA. Mr.
Collins is proposing that the residents of that south county
area would pay for this improvement, which would be partly
in the County and partly in the City, by assessment or some
other equitable arrangement. The Chairman continued that
the committee liked the concept;• we do have adequate
right-of-way there; and the Bicycle Path Committee would
like the cooperation of the County Commission to authorize
Public Works Director Davis and the engineering staff to do
some preliminary design and cost estimating. In the mean-
time, Attorney Collins will be working with the property
owner groups and residents on a formula to pay for these
improvements.
57
FES 16 1983
r FES 16 1983
Commissioner Wodtke noted that if this should end up as
a Taxing District, some of the costs for staff time, etc.,
could be included in the overall costs, but Commissioner
Lyons stated that if such a taxing district would have the
effect of putting a further limitation on our millage cap,
he would not be in favor of such a district.
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Wodtke, the Board unanimously
instructed the Administrator to see that staff
assists the Bicycle Path Committee as requested.
APPOINTMENT TO VERO BEACH TREE COMMISSION
Chairman Bird informed the Board that he has received a
- letter from Urban Forester Paul Palmiotto requesting that
the County Commission appoint a liaison to work with the
Vero Beach Tree Commission.
Some discussion ensued regarding the possibility of
appointing Nurseryman John Tippin or a staff member such as
our Environmental Planner.
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Scurlock, the Board unanimously
directed, upon concurrence of the Administrator,
that the name of Environmental Planner Art
Challacombe be submitted as the County liaison
with the Vero Beach Tree Commission.
APPOINTMENT TO VERO BEACH RECREATION ADVISORY COMMITTEE
Chairman Bird noted that he has served on this commit-
tee in previous years, but Commissioner Fletcher had
indicated an interest in serving this year and was appoint-
ed. Commissioner Fletcher, however, now has resigned and
this position is vacant.
W
� � r
Commissioner Lyons felt that it is important that the
North County have some representation on that advisory
committee and suggested that this appointment be delayed
until a Commissioner is appointed to replace Mr. Fletcher.
The Board agreed to defer this appointment.
SEBASTIAN INLET PARR
Chairman Bird reported that he had a meeting with
Representative Dale Patchett, Attorney Brandenburg, Com-
munity Services Director Thomas, and other concerned
citizens, to address the fact that there are a multitude of
improvements being made on the Brevard County side of the
Sebastian Inlet State"Park-and very few on the Indian
River side, and to further aggravate the situation, the
State now is starting to enforce rules that are very unpopu-
lar with some of our residents, i.e., limiting hours,
charging fees, and causing people to leave certain areas if
they are not actively fishing. The Chairman believed
tempers are getting rather short up there. He informed the
Board that Representative Patchett has scheduled a meeting
with officials of the Department of Natural Resources in
Tallahassee, on February 28th, and he felt it would be
beneficial if representatives of the county could accompany
him to meet with officials of the DNR to discuss this
situation.
Attorney Brandenburg informed the Board that the
Special Warranty Deed the County gave to the State granting
the 17 acres of park property at the Inlet spelled out very
clearly that there was to be free access 24 hours a day and
no fees charged for any use. He noted that the state
currently is charging a fee for the campgrounds, and,there
are a lot of questions about whether the State is living up
to its commitments.
FEB 16 1983
59
As 847'
FEB 16 1983 52 Fr:.
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Wodtke, the Board unanimously
approved out -of -county travel for the Chairman,
the County Attorney, and other appropriate
officials or staff members to travel to
Tallahassee on February 28th as discussed.
STATUS OF DOUGLAS SCHOOL
Sheriff Dobeck informed the Board that he had asked
that this matter be put back on the agenda because of
complaints his department has had to respond to re vandalism
and parties being held in the building. He believed if the
situation continues as it is and the school remains vacant,
there is the possibility of a serious fire or of someone
being hurt in that facility. The Sheriff then spoke at
length of the advantages that would result from allowing the
Youthful Offender System to take over the Douglas School,
emphasizing that the Department of Corrections has a
proposed budget for renovation and he felt there would be
substantial monies generated back into the County. He noted
that in addition, the Youthful Offender System would be a
definite asset for the people of this area by providing a
work force to clean the area up, and they also have made a
commitment that there could be a dual use of this facility
so the people in -the area could schedule activities.
Commissioner Lyons commented that when he and Adminis-
trator Wright viewed this property recently they could not
see where there had been excessive vandalism. He noted that
through action of this Commission, we did offer the Douglas
School Building to the Wabasso community on the basis that
they would come through with a proper contract to operate
it. Commissioner Lyons continued that he did not know
whether the community has had sufficient time to find out
whether they can or cannot operate the facility, and when he
M
heard the Youthful Offender people were still interested, he
suggested they get in touch with the Wabasso community
through Mrs. Ingram or her attorney to see if some joint
relationship couldn't be worked out.
Commissioner Lyons stressed that when the Wabasso
community takes on this facility, they take on a tremendous
liability, especially with regard to the insurance and
maintenance situation. He wondered if they have figured out
exactly what they stand at this time as to their budget
needs, etc., and felt the community owes the Commission an
answer very shortly as to whether or not they can handle
this facility.
Mrs. Ingram replied that no one has contacted her about
anything; in addition, she was not aware of any further
vandalism since the time the School Board vacated the
building nor of any parties going on there. She reported
that her group is working hard to be able to use this as a '
social recreational center for the community; they have
talked to several different agencies, and the Treasure Coast
Seniors were interested in the cafeteria for their Meals on
Wheels Program, but their regulations require that it would
have to have bathrooms and they do not have the money to put
into this. The Economics Opportunities Council has indi-
cated that they would like to sublease the four rooms
formerly used for the kindergarten area. Mrs. Ingram
continued that they are stili waiting to hear from the
Medical Group, and Attorney McDonough has called them but
has not had any response. Mrs. Ingram felt she had informed
the Board previously that their budget would require $20,000
and the only money they had was $2,000, which is the reason
that, rather than them taking over everything, they were
going to have to go into separate subleases.
Question arose as to the reason for the lack of contact
with the Medical Group and it was Commissioner Scurlock's
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FEB 16 1983 mo
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FEB 16 1983
52: -
analysis of the situation that the Medical Group is more or
less biding their time to see what is happening and how
difficult the situation will be without them, and then they
will resubmit their proposal. He agreed that the Commission
has made a commitment to the Wabasso group, but noted that,
in turn, it is necessary for the Commission to set some time
frame wherein this group has to come back ready to go or we
will be faced with looking at alternative uses.
Mrs. Ingram felt setting a time frame would help them
to come to some conclusion.
Commissioner Wodtke believed the point is that some
things have changed, and although the people apparently felt
strongly about having the Department of Corrections at this
location, it was his feeling that a great deal of what they
want to accomplish could be accomplished in conjunction with
the D.O.C.'s program. He emphasized that the Juvenile
Offender Prison system program is not merely a housing of
prisoners, but more of an education program, and he felt the
community needs to listen to a full proposal of what the
D.O.C. can do for -them.
Commissioner Lyons suggested that Mrs. Ingram arrange a
Meeting between the D.O.C. representatives and the people in
the Wabasso area so they find out what each can do for the
other.
Mrs. Ingram stated that she would like to try one more
time to work with -the Medical Group, and if that doesn't
workout, she then would call an emergency meeting. She
noted that this is the first time she has understood that
the D.O.C. program was an educational one, and stated that
if they could tie all these programs together, she would be
happy to work on it. Mrs. Ingram emphasized that it would
be necessary to educate the community in this regard so they
understand it is not intended to use this facility as a
W
M
prison camp. She stated that she will be ready to come back
to the Board by the first meeting in March.
Wilson Bell, Regional Director of the D.O.C., commented
that they have tried to contact Mrs. Ingram on five differ-
ent occasions. He stated that their entire posture was that
the community did have vested interests, and they are
willing to do what is reasonable to address this.
It was agreed that this matter will be put on the
agenda of the March 2nd meeting at 3:30 P.M.
DESIGNATION OF GRASS FLATS AS "NO WAKE" ZONES
Commissioner Lyons reported that, because of the
concern expressed about the decreasing productivity of the
river, a request was put before the Legislative Delegation
last week in regard to providing ways to protect the grass
flats in the river. There is an aquatic preserve extending
from the Vero Beach City limits to the Fort Pierce line, and
it appears we have the right to create an ordinance to
protect the grass flats in that area through the use of "NO
WAKE" signs and request the Department of Natural Resources
to install them. Commissioner Lyons realized this would not
guarantee.total protection, but felt it is a step in the
right direction and asked that the Commission consider
setting up such an ordinance.
Some discussion ensued regarding the fact that some
boats create less wake when run at higher speeds, and it was
also felt that a lot of the damage to the grass flats is
caused by people who are totally ignorant of the conditions
in the river and unaware of how shallow it is in many areas.
MOTION WAS MADE by Commissioner Scurlock,
SECONDED by Commissioner Lyons, to authorize
Commissioner Lyons and staff to prepare
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� FEB 1
1983 �Ac
information, including costs, and draft an
ordinance for protection of the grass flats
to bring back to the Commission for consider-
ation.
John Thomas, commercial fisherman, noted that the area
discussed was apparently all in the southern end of the
County, and he hoped consideration would be given to includ-
ing the Sebastian area of the river.
Commissioner Lyons felt the only place we can do this
is where we have an aquatic preserve, but Attorney
Brandenburg believed the law indicates we have jurisdiction
in the river except within the IntraCoastal Waterway itself.
Commissioner Lyons stated, in that case, he would like
to include all the grass flat areas.
Commissioner Wodtke asked if Mr. Thomas felt the wake
itself causes the damage or just the boat propeller blades.
Mr. Thomas believed it is the propeller that causes the
damage, and the problem is boats running around over the
grass flats. He noted that between the two Vero bridges
there presently is a No Wake zone because of the manatees.
He further commented that if you run your boat at a high
speed in a No Wake zone, you will be arrested; the basic
idea is to slow down.
Commissioner Lyons concurred that the main idea is to
keep the speed merchants out of these areas.
Commissioner Scurlock felt it would be logical to post
more complete information about aquatic preserves and grass
flats, etc. at boat launching areas and possibly include
this on the No Wake signs.
Commissioner Lyons stated that he would research to see
what else can be put on the signs, but he had felt we were
limited to No Wake zones.
64
Chairman Bird inquired about the percentage of grass
flats in the river in the Sebastian area, and Mr. Thomas
believed there are more grass flats in the Sebastian area
than in the southern area of the county.
Coates Buil, speaking as an officer of the Anglers
Club, felt a figure of $2,000 for signs had been mentioned
and found acceptable, and he was for taking $2,000 and
getting started with the signs. He informed the Board thatt
from the Coast Guard's standpoint, any time you make -a wake,
you are going too fast in the channel.
THE CHAIRMAN CALLED -FOR THE QUESTION.
It was voted ori'and carried unanimously.
DISCUSSION ON RESOLUTION RE INCREASE OF GILL NET FISHING FEE
Commissioner Lyons next requested that the Board give
consideration to adopting a Resolution supporting
legislation to increase the gill net fishing fee to $300 and
to have these funds allocated to the County to be used in
waterway law enforcement. He informed the Board that this
proposal,is backed by the local fishermen from this county,
as well as Martin and St. Lucie counties, and also by the
organized fishermen, who feel this would serve to further
protect the river and its resources.
MOTION WAS MADE by Commissioner Lyons, SECONDED
by Commissioner Wodtke, to direct the Attorney
to prepare a Resolution endorsing legislation as
recommended above.
Discussion ensued on whether this fee would be for an
insignia to display on the boat or for a license for the
fishermen, and John Thomas, commercial fisherman, stated
that there has been a great deal of discussion regarding
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FEB 16 1983" `¢
FEB 16 1983 -PAcf,854 -
this, and it was felt that it should be the individual who
is licensed, not the boat. He noted there are some specific
concerns that will need to be addressed, but the
basic feeling is that fishermen using nets, with the
exclusion of cast nets and those used for catching King
Mackerel bait, should be charged this fee.
Chairman Bird wondered if we will hurt the smaller
commercial net fisherman with a $300 netting fee.
Mr. Thomas stated that he is not a large commercial
fisherman and is 300 agreed the
g $ a lot, but pointed out that
the whole idea is to tax the fisherman, who are harvesting a
replenishable resource, not only for use of that natural
resource, but for law enforcement to protect,this resource.
He continued that fishermen of the area feel a start has to
be made somewhere and hope someday a commercial fishing
license will be established.
John Jackson, owner of the Vero Sport & Tackle Shop,
informed the Board that there is a large concern in the
area, and a petition has been obtained with 2500-3000
signatures in support of controlling gill net fishing,
having no wake areas, etc. He noted that at first the idea
Was to get rid of gill nets altogether, but it is now
believed that is the weekend fishermen who are causing the
damage rather than the bonafide fishermen.
Community Services Director Thomas, ex commercial
fisherman, pointed out that there are some people who
stretch gill nets off of docks.
John Thomas stated that the whole idea of a netting
license is that anyone who puts a net in the river will have
to pay.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
V
L_�
AUXILIARY RIVER PATROL
Commissioner Lyons reported that at a meeting with the
Anglers Club, it was suggested that an auxiliary river
patrol be set up to help with the enforcement of 'river
ordinances.
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Lyons, the Board unanimously
authorized Commissioner Lyons to work with
the Sheriff, the Marine Patrol and fishing
organizations in regard to setting up an aux-
iliary river patrol.
Richard Schuler, concerned citizen, spoke about
F.I.N.D. proposing to become active in this same area, and
although he believed they have some good ideas, he felt they
would be moving into the province of other agencies and
creating a duplication of effort.
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
z
follows: Treasury Fund Nos. 84497 - 84645 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, sec-
onded and carried, the Board adjourned at 4:35 o'clock P.M.
Attest:
Clerk
Chairman
67.
1993
52 81-55