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HomeMy WebLinkAbout3/16/1983Wednesday, March 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, March 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. No replacement for Commissioner A. Grover Fletcher has been named by the Governor as yet. Also present were Michael J. Wright, County Administrator; L. S. "Tommy" Thomas, Community Services Director; Gary Brandenburg, Attorney to the Board of County Commissioners; Jeffrey K. Barton, Finance Director; Dan Fleishman, Bailiff; Barbara Bonnah and Virginia.Hargreaves, Deputy Clerks. The Chairman called the meeting to order. Reverend James Ratcliff, Christ United Methodist Church, gave the invocation and Chairman Richard N. Bird led the PledgA of Allegiance to the Flag. ADDITIONS TO THE AG�NDA The Chairman asked if there were any additions to the Agenda. Finance Director, Jeffrey Barton, requested a presentation of the Comprehensive Annual Financial Report of Indian River County, dated September 30, 1982, be added to the Agenda at 9:30 a.m. as the auditors were in town today. ON MOTION BY Commissioner Scurlock, SECONDED by Commissioner Wodtke, the Board unanimously placed the above emergency item on the Agenda. MAR 1 1983 x nor �� IF - MAR 16 1983 C. B. Hardin, Jr., Assistant to the County x ra 02 . �•ac Administrator, requested a discussion on scheduling of a utilities workshop be added to today's Agenda. ON MOTION BY Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously placed the above item on today's Agenda. Gary Brandenburg, County Attorney, requested an addition to the Agenda of a discussion re Florida Health Care Facilities of Indian River County being issued a resolution of inducement and letter of intt for an industrial development revenue bond issue up'to $3.5 million for construction of a 120 -bed facility that will employ 180 people in the County. He stated it is an emergency item because the closing of the property is scheduled before the next meeting of the Board of County Commissioners. Mr. Wendell, attorney for the applicant, addressed the Board to state that, unfortunately; the closing could not be delayed and asked the Commissioners for their indulgence. ON MOTION BY Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously placed the above emergency item on today's Agenda. Attorney Brandenburg requested the matter of a Certificate of Occupancy for Super X Drugs in Luria's Plaza be added to today's agenda. Michael O'Haire, Attorney representing owners of Luria's Plaza, explained it was an emergency item as the store opening is planned for next week. i r2 � ON MOTION BY Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously added the above emergency item to the Agenda. Community Services Director, Tommy Thomas, requested a discussion regarding the addition of a project agreement with the D.E.R. for a dock at Blue Cypress Lake Park be added to the Agenda. After deciding the matter was not one of emergency, it was agreed this item would be placed on the Agenda of the next regular meeting of the County Board of Commissioners. DELETIONS FROM THE AGENDA Finance Director Barton noted that Item 5-B, Approval of Budget Amendment re North County Fire District, techni- cally belonged on the agenda of the North County Fire District meeting. APPROVAL OF MINUTES 1 The Ahairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of February 16, 1983.1 / ON MOTION BY Commissioner Lyons, SECONDED by Commissioner Scurlock, the Board unanimously approved the Minutes of February 16, 1983, as written. CLERK TO THE BOARD A. Approval of Budget Amendment re Utilities The Board reviewed the following memo dated 3-1-83: 3 a March 1, 1983 To: Board of County Commissioners rom: Jeffrey K. Barton, Finance Director Subject: Utilities The following Budget amendment is necessary as these accounts are already overexpended or will overexpend before the end of the fiscal year; Account Title Other Professional Services Water Plant Maintenance Fuel and Lubricants Fuel and Lubricants Automotive B.C.C. Contingencies B.C.C. Contingencies Fuc 04 Account Number Increase i:ecrease 471-228-536-33.19 1,000. 471-228-536-44.61 \11,000. 471-228-536-35.21 ',1 ,000, 471-219-536-35.21 2,000; 471-235-536-66.42 8,000. 471-228-536-99.91 8,000. 471-219..536-99.91 5,000. Commissioners Lyons and Scurlock again requested that a running unencumbered balance be shown on each budget amendment, and said they have repeatedly made this request and each time received a promise to that effect. Mr. Barton assured'them this would be done. Question arose about these funds coming out of the B.C.C. Contingency account, and the Finance Director explained that this simply involves a name change on the computer; each department actually has its own "reserve for contingency." Considerable discussion took place after Joe Baird of the Utilities Department explained their need for two vehicles. Commissioners Lyons and Scurlock felt that we should try to get by with one new vehicle, plus the one we already have, since we are already halfway into the budget year. 4" Commissioner Wodtke suggested that we authorize one new vehicle and keep the present one until such time as it can be traded in on a replacement vehicle. ON MOTION BY Commissioner Scurlock, SECONDED by Commissioner Lyons, the Board unanimously approved all items on the above budget amendment, as recommended by Finance Director Barton, except the automotive item, which is to increase account #471-235-536-66.42 by $8,000, and decrease in corresponding contingencies for $8,000. C. Approval of Budget Amendment re Utilities - North County Sewer Plant The .Board reviewed the following memo dated 3/9/83: March 9, 1983 To: Board of County Commissioners From: Jeffrey K. Barton, FinancorDirector Subject: Utilities The following budget amendment is necessary to cover expenses for sludge removal at the North County Sewer Plant. Account Title Account No Increase Decrease Sewage Sludge Removal 471-218-536-44.73 650. B.C.C. Contingencies 471-218-536-99.91 650. ON MOTION BY Commissioner Wodtke, SECONDED by Commissioner Scurlock, the Board unanimously approved the above budget amendment as recommended by Finance Director Barton. 5 MAR 16 1983 3 PAs, r MAR 16 1983� k D. Approval of Tax Sale Certificate - Ira C. Kin ON MOTION BY Commissioner Scurlock, SECONDED by Commissioner Lyons, the Board unanimously approved issuance of duplicate Tax Sale Certificate #102 in the amount of $32.92 for Ira C. King. CONSENT AGENDA Commissioner Lyons requested Item 6-A be removed from the Consent Agenda at this time. J' A. Right -of -Way Conveyance to Indian River County The Board reviewed the following memo Vated 3/4/83: TO: Board of DATE: FILE: March. 4, 1983 County Commissioners SUBJECT: Right -of -Way Conveyance to Indian River County FROM: Christopher J. Paull REFERENCES: Assistant County Attorney This is a request for Board acceptance of the following deeds and a request for authorization to record them on behalf of the County. 1. Quit -Claim Deed from Ralmar Associates to Indian River County conveying right-of-way of 60 -foot access road. 2, Utility Easements from Ralmar to the County for easements within the Ralmar Medical Arts Center development. 3. Warranty Deed from Joseph J. Hajdinak and Joyce L. Hajdinak, - his wife, to Indian River County and Partial Release of Mortgage conveying.right-of -way with respect to site plan approval. The original documents are available for inspection in this office. Commissioner Lyons stated he had no idea of where the road in question was, and that there was nothing in front of him to aid in determining its location. 6 Attorney Brandenburg offered to get the specific name of the road from Attorney Paull. However, Commissioner Lyons said that wouldn't be necessary today, but requested that in the future a map or explanation be included in the backup material. ON MOTION BY Commissioner Scurlock, SECONDED by Commissioner Lyons, the Board unanimously accepted the deeds as mentioned in the above memo, and authorized the recording of them on behalf of the County. B. Amendment of Agreement - MacWilliam Park Boat Dock The Board.reviewed a proposed amendment increasing the project amount in the above agreement. ON MOTION BY Commissioner Scurlock, SECONDED by Commissioner Wodtke, the Board unanimously approved the amendment vo the above agreement and authorized signature by the Chairman. rf Said amendment is hereby made a part of the Minutes, as follows: 7 MAR 16 1983 °1^ Iasi 07 MAR 16 19841 STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES Florida Boating Improvement Program Amendment to Agreement This Amendment serves to amend portions of the Florida Boating Improvement Program Agreement dated 1/16/83 by and between the Department of Natural Resources, hereinafter referred to as DEPARTMENT, and Indian River Count hereinafter referred to as County, -for the boating improvement project known as MacWilliam Park Docks ,FBIP Project Number 10-41-11 IT IS WITNESSETH that in and for the mutual covenants between the DEPARTMENT and the COUNTY, it is agreed that the following amendments shall apply to the above referenced agreement: The project amount is increased to $15,000 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by the officers or agents thereunto lawfully authorized. Attest: S r: .. t.: 1. Attest: Freda Wright, C erk STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES By: Elton J. Gi•ssendanner Executive Director INDIAN RIVER COUNTY By: G4 Richard N. Bird, Chairman Board of County Commissioners 0 � r � i C. Conclusion of Law Suit Stout vs Commercial Carrier vs Indian River County The Board reviewed the following memo dated 3/8/83: O' Chairman DATE: March 8, 1983 FILE: Richard N. Bird and Members of the County Commission SUBJECT: Conclusion of the Stout vs, Commercial Carrier vs. Indian River County Lawsuit FROM: Christoph J. Paull REFERENCES: Assistant County Attorney This is an epilogue to the long-standing matter of Otto Stout vs. Commercial Carrier vs. Indian River County, At the end of October, 1982, Commercial Carrier's claim against the County for contribu- tion of the sum of $1,000,000 finally went to trial -before a jury in Dade County. You will recall that Commercial Carrier settled this matter with the initial Plaintiffs for $1,000,000 shortly after the original trial began. The claim had resulted from a. February, 1975 accident at the intersection of Kings Highway and North Winter Beach Road. The County became involved'as a result of a missing stop sign at that intersection. Fortunately, as'the trial proceeded in Miami, it became apparent to the jury that,_the Commercial Carrier driver was familiar with the intersection prior to the accident and was aware of his obligation to stop, notwithstanding the missing sign. Mr. Robert Klein, attorney for the County's insurance carrier, Royal Globe, Insurance Company, orchestrated the County'srdefense and did a meticulous and most professional job. ,// A final judgment was entered on behalf of the• County axed the S'Cate D.O.T.; and as of February 16, 1983, all appeals in this matter have been voluntarily dismissed with prejudice. This matter is finally at an end after 8 years of legal proceedings, including several District Court appeals and a landmark decision on the ?.ssue of sovereign immunity from the Supreme Court -of the State of Florida. This memo is provided for your information only arid. ragiiire t ni, formal action other than to take note of the ever increasing burden on local government to exercise reasonable care and diligence in the day--to-day provision and maintenance of County and municipal services. ON MOTION BY Commissioner Scurlock, SECONDED BY Commissioner Wodtke, the Board unanimously accepted the information presented re the above law suit.. 0 89N 53 wf M I MAR 16 1983 -n DISCUSSION - 17th STREET MEDIAN LANDSCAPING 53 Poo io .. Paul Palmiotto, Urban Forester, addressed the Board regarding landscaping the median on 17th Street from 8th Avenue to Indian River Boulevard. He explained that this had been one of three areas in a beautification project generated a year ago by the Vero Beach Tree Commission. The Garden Club had allotted $2,000 for the three landscape projects. He had gone before the City Council, obtained permits, everything was set to go, when he found out that the 17th Street median between 8th Avenue and Indian River Boulevard was in the County, not Vhe City. He reported that at a later date, he was informed by Public Works Director Jim Davis that the County does not have morv�y budgeted this year to afford the necessary maintenance plan. He noted that the maintenance contract with the D.O.T. would have to be one of perpetuity. Mr. Palmiotto hoped that the Commission -would accept the landscaping plans as they are today and try to fit the maintenance plan into the budget for next year. Commissioner Scurlock said prior commitments to safety projects involving adjustments of various dangerous intersections and traffic lights have used up the budget, and money for beautification projects such as this is just not there and won't be there by summer. Commissioner Lyons asked if the Kiwanis had not come to us previously and made plans to undertake this project. Paul Palmiotto said that they had and maybe they could obtain the needed maintenance money from them, which he had reestimated at $4,500. Commissioner Lyons felt we should not undertake this project unless we are willing to commit ourselves to similar projects involving other municipalities within the County on an equal basis. 10 Chairman Bird asked if the Department of Corrections would be willing to undertake this project as far as land- scaping and maintenance is concerned as an on-going model project to benefit the County. Mr. Palmiotto explained that they are currently very busy with a lot of this type of work; their agricultural class has only one working day a week; and their turnover of students is so rapid they could not provide people with the needed landscaping experience. Chairman Bird expressed the Commissioners' appreciation of Paul Palmiotto's efforts and asked him to keep putting the pressure on the Board and perhaps in the future the money would be there to allow landscaping of the area. PUBLIC HEARING - ORDINANCE ADOPTING FIRE PREVENTION CODE 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: VER® BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authorityfersonally 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/fG nI° � in the matter of �)-r7,`"e in the lished in said newspaper in the issues of 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 befoW me th's day of _F=<�. A.D. 19 3 (Business Manager) (Clerk of the Circuit Court, Indian River County, Florida) (SEAL) 11 MAR 16 1983 NOTICE OF INTENT To INANCE TheCONSIDER oarrd ofE County CoCUNTY mmissioners of In -1 I than River County will conduct a public hearing on March 16, 1963, at 9:00 A.M. in the Commis- sion 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, ADOPTING THE FIRE PREVENTION CODE, 1976 EDITION; THE NATIONAL FIRE PRO• TECTION ASSOCIATION LIFE SAFETY CODE PAMPHLET "101, G R " 1981 EDI- TION; THE NATIONAL FIRE PROTE TION ASSOCIATION STANDARD FO THE STORAGE AND HANDLING OF LIQUIFIED PETROLEUM GASES (NEPA "54," 1974 EDITION AND "58," 1979 EDITION); STATE FIRE RULES AND REGULATIONS MARSHAL'S IDA; AND THE STANDARD FIRE CODE, .1982 EDITION. 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 verba- tim record of the proceedings is made, which record Includes the testimony in evidence on which the appeal is based. Board of County Commissioners 1840 25th Street Vero Beach, Florida 32980 Attention: Liz Forlani Feb. 25,1983._ 3 WE 11 r MAR 16 1993 tax 53qac Attorney Brandenburg explained his recommendation to adopt the proposed Ordinance which would provide County -wide standardized fire prevention codes. These codes would be from the 1976 Edition of the National Fire Code. Chairman Bird asked if a review of the 1983 Edition of the National Fire Prevention Code had been made, and Attorney Brandenburg explained that we rely on the expertise of the individual fire chiefs in these matters, and had been informed that the new NFPA is a much more restrictive code. He noted that the Town of Indian River Shores plans to adopt the stricter code; however, the tpwn does not have the diversity of structures as in the rest of the County where there are small factories, citrus warehouse., etc. He explained that the 1981 amendments to the 1976 edition would best serve the entire County. Lieut. Robert Hunt, South County Fire Inspector, confirmed that the 1976 Edition of the National Fire Prevention Code not only would be easier to apply to the entire County than the 1983 edition, which is much more restrictive; but it also would not put anyone out of business by making them non -conforming. Attorney Brandenburg stated that the Ordinance should be adopted by both the Commission and the separate fire districts. The Chairman opened the Public Hearing and asked if anyone wished to be heard. Ralph Ellis, Fellsmere Fire Chief, felt the 1976 Edition of the. National Fire Prevention Code didn't deal strongly enough with many unsafe things, particularly above -ground fuel storage tanks. Attorney Brandenburg said that if a municipality wanted to adopt a stricter ordinance, they could at any time. Mr. Ellis invited all the Commissioners to Fellsmere Day being held March 19, 1983. 12 ON MOTION BY Commissioner Scurlock, SECONDED by Commissioner Lyons, the Board unanimously closed the Public Hearing. MOTION WAS MADE by Commissioner Lyons,. SECONDED by Commissioner Scurlock, that the Board adopt Ordinance 83-14 providing standard fire prevention codes, and authorize the Chairman to sign. Discussion followed. Attorney Brandenburg explained that if the Ordinance is adopted, it would be enforced throughout the entire County, with the exception of Indian River Shores, which is adopting the stricter 1983 edition of the NFPC. THE QUESTION WAS CALLED by Chairman Bird. It was•voted on and carried unanimously. Ordi--4nce 83-14 will be made a part of the Minutes after review by the Fire Districts. I/ AUDITORS REPORT - COMPREHENSIVE ANNUAL FINANCIAL REPORT INDIAN RIVER COUNTY - SEPTEMBER 30, 1982 Finance Director, Jeffrey Barton, introduced John Vodenicker and Rhett Harrell of May Zima & Co., Certified Public Accountants, contracted for the annual audit of Indian River County. Copies of the financial report were distributed to the Commissioners, and Mr. Vodenicker explained various parts of the report, noting that pages 4 & 5, the Combined Balance Sheet of the entire County demonstrate that both the General 13 MAR 16 198 Fund and the Special Revenue Fund ended up the year with a strong fund balance, which is very commendable. Commissioner Wodtke felt that when the lay person looks at this audit, it appears to them that we have more expenditures than revenues, and that is illegal. He felt that perhaps we had better explain further about our other revenue sources. Mr. Vodenicker explained that the next page compares budget to actual, and in fact, it is possible to expend more money than you bring in because of surpluses and other sources that are not classified aw revenue items. Mr.Vodenicker continued to review the financial report, stating that actually the Board not only wav_very conservative in their budgeting, but they also underspent during the year with the result that.the General Fund is in a strong financial position and the County is taking a sufficient amount of surplus into the new fiscal year. On pages 38 and 39, however, the Water and Sewer enterprise fund shows considerably more current liabilities than current assets. Mr. VQdenicker commented that although he recognized the County is trying to remedy this situation, this is not a good position to be in. The Solid Waste enterprise fund, on the other hand, is in strong financial shape. Commissioner Scurlock felt something needs to be said about this situation. He did not believe we have clearly communicated to the public the extremely difficult situation we were faced with by being more or less forced to purchase sewer systems which were in dire straits and trying to improve them, which has necessitated raising the rates significantly. He pointed out that the previous owners of these systems were operating at a loss. Commissioner Wodtke agreed that hundreds of people from different areas have shown up at the Commission meetings 14 over the last years asking for help and assistance with their ailing sewer systems. The Commission committed themselves to doing the job, and as a result, picked up a few assets and a whole lot of liabilities. Mr.Vodenicker summarized his review, stating that the General Fund is in good shape, Solid Waste is in good shape, and action is being taken on Water and Sewer, which, hopefully, will show an improvement next year. Commissioner Scurlock asked how we were coming along on cost allocations and when we might expect some information, and Finance Director Barton said a workshop would be set up, hopefully, at a pre -budget meeting. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Lyons, the Board unanimously accepted the Annual Financial Report for the year ended September 30, 1982, as audited by May Zima & Co., subject to additional comment at a later date. Copy.of said annual financial report is on file in the Office of the Clerk. FA Auditor Rhett Harrell addressed the Board in an attempt to have the audit accepted for the South County Fire District, but was advised that it could only be accepted by the District Board of Fire Commissioners of the South Indian River County Fire District in a separate meeting. It was further noted that this report should be reviewed by the South County Advisory Committee. SOUTH COUNTY FIRE DISTRICT The Board of County Commissioners recessed at 9:40 o'clock A.M. in order that the District Board of Fire Commissioners of the South Indian River County Fire District 15 MAR 16 1983 r MAR 16 1983 might convene. Those Minutes are being prepared separately. NORTH COUNTY FIRE DISTRICT The Board of County Commissioners thereupon reconvened at 10:15 o'clock A.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 10:20 o'clock A.M. with the same members present. /f PUBLIC HEARING - ORDINANCE REPEALING CERTAIN SPECIAL ACTS The hour of 10:00 o'clock A.M. having assed, the Deputy Clerk read the following Notice with Proof of Publi- cation attached, to -wit: VER® 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 ./61111 ? 4�_-. in the matter of enzii'en- 2Z in the Court, was pub- lished in said newspaper in the issues of 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 before me t (SEAL) day of A.D. 19 VA (Bu ess Manager) )h , -11 River County, Florida) 16 NOTICE OF INTENT TO' CONSIDER COUNTY ORDINANCE The Board of County Commissioners of In- dian River County will conduct a public hearing on March 16, 1983, at 10:00 A.M. In the Com- mission Chambers at the County Administration Building, 1840 25th Street,4Vero Beach, Florida, to consider adoption of an ordinance entitled: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, REPEALING CERTAIN SPECIFIED COUNTY ORDI- NANCES, SPECIAL ACTS -'OF THE LEGISLATURE AND GENERAL ACTS OF THE LEGISLATURE OF LOCAL AP- PLICATION PROVIDING FOR THE RE- PEAL OF THE FOLLOWING: ORDI- NANCE NO. 71-4; LAWS OF FLORIDA CHAPTER 59-1376, SPECIAL ACTS, 1959; LAWS OF FLORIDA CHAPTER 29152, SPECIAL ACTS, 1953; LAWS OF FLORIDA CHAPTER 29151, SPECIAL ACTS, 1953; ORDINANCE NO. 70-1, SECTION 6; LAWS OF FLORIDA CHAP- TER 65-1713, SPECIAL ACTS, 1965; LAWS OF FLORIDA CHAPTER 66-1716,. SPECIAL ACTS, 1965; RECODIFYING ` SECTIONS 1-12 OF CODE OF LAWS AND ORDINANCES; ORDINANCE NO. 76-12; LAWS OF FLORIDA CHAPTER.- 59-1379,. HAPTER59-1379,. SPECIAL ACTS 1959; ORDI- NANCE NO. 74-1; LAWS OF FLORIDA— > CHAPTER 74-500, SPECIAL ACTS 1974; PROVIDING FOR INCORPORATION IN THE CODE, SEVERABILITY AND EF- FECTIVE DATE. an decision If any person decides to appeal any made on the above matter, he -she will creed a record of the proceedings, and for such pur-. poses, he -she may need to ensure that a verba- tim record of the proceedings is made, which record includes the testimony in evidence on which the appeal is based. Board of Co ommissioners 18402 Ver : Liz Forlani j 5, 1963. �2► 00°FO U Attorney Brandenburg explained that the proposed Ordinance had been before the Board during the last regular meeting and asked if the Commissioners had any further questions regarding the certain acts and ordinances that would be repealed. There were none. Chairman Bird opened the Public Hearing and asked if anyone wished to be heard. There were none. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Lyons, the Board unanimously closed the Public Hearing. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wodtke, the Board unanimously adopted Ordinance 83-15 repealing certain specified County Ordinances Special Acts of the Legislature and General Acts of the Legislature of local application. 10, MAR 16 1983 17 fit,r�� o r MAR 16 1983 m INDIAN RIVER COUNTY ORDINANCE NO. 83=15 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, REPEALING CERTAIN SPECIFIED COUNTY ORDINANCES, SPECIAL ACTS OF THE LEGISLATURE AND GENERAL ACTS OF THE LEGISLATURE OF LOCAL APPLICATION PROVIDING FOR THE REPEAL OF THE FOLLOWING; ORDINANCE NO. 71-4; LAWS OF FLORIDA CHAPTER 59-1376, SPECIAL ACTS, 1959; LAWS OF FLORIDA CHAPTER 29152, SPECIAL ACTS, 1953; LAWS OF FLORIDA CHAPTER 29151, SPECIAL ACTS, 1953; ORDINANCE NO. 70-1., SECTION 6; LAWS OF FLORIDA CHAPTER 65-1713, SPECIAL ACTS, 1965; LAWS OF FLORIDA CHAPTER 65-1716, SPECIAL ACTS, 1965; RECODIFYING SECTIONS 1-12 OF CODE OF LAWS AND ORDINANCES; ORDINANCE NO. 76-12; LAWS OF FLORIDA CHAPTER 59-1379, SPECIAL ACTS 1959; ORDINANCE NO. 74-1; LAWS OF FLORIDA CHAPTER 74-500, SPECIAL ACTS 1974; PROVIDING FOR INCORPORATION IN THE CODE, SEVERABILITY AND EFFECTIVE DATE. r NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that; SECTION 1, Indian River County Ordinance No. 71-4, relating to the compensation of the Clerk of the Circuit Court, is hereby repealed. CFrmTnM I Laws of Florida Chapter 59-1376, Special Acts, 1959, relating to advertising expenditures, is hereby repealed. SECTION 3 Laws of Florida Chapter 29152, Special Acts, 1953, relating to insurance against tort liability and waiver of sovereign immunity, is hereby repealed. SECTION 4 Laws of Florida Chapter 29151, Special Acts, 1953, relating to the lease of County property, is hereby repealed. SECTION 5 Indian River County Ordinance No. 70-1, Section 6, is hereby repealed. a V0M ^" e Laws of Florida Chapter 65-1713, Special Acts, 1965, relating to the disposal of garbaqe, trash, junk and other debris, is hereby repealed and Indian River County Resolution No. 67-71 is hereby rescinded. W. 0 SECTION 7 Laws of Florida Chapter 65-1716, Special Acts, 1965, relating to the clearing of lands, is hereby repealed. SECTION 8 Sections 1-12 of the Code of Laws and Ordinances of Indian River County, relating to fees for developments of regional impact, is hereby recodified as Section 17-1/2--01.(d). Indian River County Ordinance No. 76-12, relating to the Indian River County Comprehensive Planning Ordinance of 1976, is hereby expressly repealed having been earlier replaced by Indian River County Ordinance No. 82-1 as amended by Ordinance No. 82-21. SECTION 10 Laws of Florida Chapter 59-1379, Special Acts, 1959, relating to the improvement of streets and sidewalks and other facilities, is hereby repealed. SECTION 11 Indian River County Ordinance No. 7471, regarding the Indian River County Transit Authority, is hereby repealed. SEC ION 12 b Laws of Florida Chapter 74-500 Special Acts of Florida 1974 is hereby removed,�€rom the Code of Laws and Ordinances of Indian River County having been repealed by the legislature on July 1, 1976. SECTION 13 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. 19 PAQ J MBAR 16 1983 FMur20 SECTION 14 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 intent to pass this ordinance without such unconstitutional, invalid or inoperative part. SECTION 15 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 Boardf County O�; Commissioners of Indian River County, Florida on this 16th day of March, 1983. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By RICHARD N. BIRD Chairman REQUEST FROM HUMANE SOCIETY RE 5 ACRE TRACT OF LAND Joan Carlson, Executive Director of the Vero Beach Humane Society addressed the Board on the matter of purchasing a five -acre parcel within a closed County landfill, located off South Gifford Road, to be used for a new animal shelter. She explained the difficulties the Humane Society has encountered in the last two years in their search for a new location for their facilities. Commissioner Scurlock asked how we would determine the fair market value on this piece of property. Attorney Brandenburg explained that the County property could legally be sold to a non-profit agency, without appraisal, for as 20 L-] M little as $1..00 if we wished to do so, after the County determines it no longer needs the property for County purposes Commissioner Scurlock expressed his understanding of the Humane Society's difficulties in their attempts to acquire another location resulting in their serious recon- sideration of this particular site. He suggested that the County sell this tract with a reverter clause that once .it stops being used as an animal control facility, it would revert back to the County. He felt there is a legitimate need for a new site location and that the County could offer its support and assistance by selling the property to the Humane Society. Commissioner Wodtke felt it would be the ideal place for the Humane Society if we could find a way to get some water back in there, and was advised that the County could run a water line from the Road and Bridge Department garage to the new site. Commissioner- Lyons stated that there is only a small part of this property that is usable; it definitely would not be lax'e enough to accommodate a new jail structure, and he would certainly consider selling it to the Humane Society. Local architect Charles Block, speaking on behalf of the Humane Society, explained the perimeters of the tract in relationship to the landfill. He noted that the 5 acres would allow for an open area around the structure and would act as a buffer to some residential property down the road. He believed 5 acres was sufficient for their needs. Commissioner Lyons felt that the new location would provide a place for livestock and horses that are occasion- ally impounded and enable the Humane Society to provide for all kinds and sizes of animals. , 21 MAR 16 1983 Joan Carlson said that another use they would like for the five acres is that of a wild life sanctuary, as the Humane Society is now the only agency that takes in wounded birds, etc. Some discussion ensued as to a long-term lease rather than selling the property, but Mrs. Carlson stressed that the consensus of her Board was that if they were going to invest a large amount of money in their facilities, they should own the land. Commissioner Lyons believed it would be almost impossible to reach an agreement = a lease. MOTION WAS MADE by Commissioner Ions, SECONDED by Commissioner Scurlock,°that the Board go on record as being agreeable to the purchase of land by the Humane Society at the South Gifford Road site, with the understanding that the amount of land will be determined after the Humane Society returns with a proposal and a preliminary site plan as to the use of the property, taking into account all the needs of the County for all kinds of animals, with a reverter clause providing for the return of the property when it is no longer used for public purposes. Discussion followed in regard to the price of the purchase. Commissioner Lyons said that we need the Humane Society and they need us and, as far as he was concerned, the price should be $1.00. Commissioner Scurlock felt this would be a way for the County to assist and support the Humane Society in animal control in lieu of budget dollars. 22 7-7 Commissioner Wodtke expressed concern about being assured that a certain amount of space would always be available for taking care of the animals picked up by the County. Considerable discussion ensued, and Commissioner Scurlock noted that actually there is no space or service the Humane Society provides that is not used for the public interest, and so, in a sense, 100% of the facility is being used by the County. THE QUESTION WAS CALLED by Chairman Bird. The Motion was voted on and carried unanimously. WORKSHOP - UTILITIES Administrator Wright requested a date be chosen to hold a workshop on utilities. The.Commissioners agreed that the workshop be held on Wednesday, March 23, 1983 at 1:00 P.M. BID NO. 163 - BOTTLED WATER The Board reviewed the following staff recommendation: TO: Board of County Commissioners DATE: March 7, 1983 FILE: THRU: Michael Wright , , SUBJECT: IRC Bid #163- Bottled Water County Administrator FROM: Caroly Goodrich REFERENCES: Purchasing Department Manager 1. Description and Conditions Bids were received March 4, 1983 at 11:00 A.M. for IRC #163 - Bottled Water for Fleet Management, Civil Defense, Supervisor of Elections and Judge Stikelether. 6 Bid Proposals were sent out, 2 were received. 23 r F ... ----7 MAR 16 1983 �pn. • 2 2. Alternatives and A --lysis This is an annual bid, water to be delivered to the County as needed. H & B Distributors, Vero Beach bid $3.25 on Item fi - 5 gallon bottles of water. White Ridge Water Co., Fort Pierce, bid $3.50,using Ln estimated 250 bottles per year, the difference would be $62.50 per year: On Item #2- Bottle Deposit., H & B Distributors and White Ridge Water Co., both bid $6.00 each. On Item #3- Rental of Water Cooler, White Ridge Water Co. bid $1:50 per month less than H.& B Distributors or $18.00 per year. White Ridge Water Co. delivers in Vero Beach every 2 weeks. 3: Recommendation and Funding It is recommended that IRC #163 be awarded to the overall low bidder, H & B Distributors, for the period April 1, 1983 through March 31, 1984. Funding as follows: Fleet Management 501-242-591-35-11, Budgeted R7004,00, -Unencumbered balance as of March 7, 1983 $469.00. Civil Defense, 001-208-52.5-35-11, Budgeted $889.00, Unencumbered balance as of March 7, 1983 $704.00. Supervisor of Elections, 001-700-519-35-11, Budgeted $3200.00; Unencumbered balance as of March 7, 1983 $2772.00. Judge Stikelether, 001-902-516-35-11, Budgeted $3500.00, Unencumbered balance as of March 7, 1983 $3198.00. Chairman Bird declared a personal conflict of interest on this matter, excused himself from the meeting, and turned the chair over to Vice Chairman Scurlock. The Chairman's Conflict of Interest Statement is made a part of the Minutes as follows: 24 7— FORM 4 MEMORANDUM OF VOTING CONFLICT LAS NAM - FIR T NAME IDDLE N/A { AGENCY is unit of: I 2�� iV �4L DATE ON WHICH V /TE OCCURRED /" MAILING ADDDRyEy3,S �` (> -/`I �C /, //. 1/l (.CA �� ❑STATE U3 NAME OF PER ON RECORDING MINUTES COUNTY CITY �FA-0 ZIP COYPTY � QINn /4l/ /ri 3�� .L% ❑MUNICIPALITY TITLE OF PERSON REE RDING.MINUTES R Ckl0r O T IWda,T.- la NAXZ)700ctcL--1 ^ t /� GGE4-'141 .Sf�L' ms ❑OTHER SPECIFY r�r�Dy�Ifti �S 6 iG�✓GY L MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes §112.3143 (1979) ] If you have voted in your official capacity upon any measure in which you had a personal, private, or professional interest which inures to your special private gain or the special private gain of any principal by whom you are retained, please disclose the nature of your interest below. 1. Description of the matter upon which you voted in your official, capacity: � �T ,2Tf' r- II- Ir��a< �l1 SLC 7- /2E vT ",19 /Z CCA.V r%�ii ��1CgCS SICM 2. Description of the personal, private, or professional interest you have in the above matter which inures to your special private gain or 1 the special private gain of any principal by whom you are retained: �l! ��� L �sl i (G� TL) rs Gam(!S ktTeUT/i © i 1n'�S j fn 3. Person or principal to whom the special gain described above will inure: I a.4 Yourself b.❑ Principal by whom you 46 retained: /Z 0 (NAME) SIGNATURE DATE ON WHICH FORM 4 WAS FILED WITH THE PERSON RESPONSIBLE FOR RECORDING MINUTES OF THE MEETING AT WHICH THE VOTE OCCURRED: FILING INSTRUCTIONS This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be filed merely to indicate the absence of a voting conflict. Florida law permits but does not require you to abstain from voting when a conflict of interest arises; if you vote, however, the conflict must be disclosed pursuant to the requirements described above. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES § 112.317 (1979), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 4 - REV. 12-79 25 'i LIAR 16 1983 tit Considerable discussion took place on the necessity of providing bottled water at the facilities of Fleet Manage- ment, Civil Defense, Supervisor of Elections and Judge Stikelether. Commissioners Lyons and Scurlock felt very strongly that bottled water was not necessary in places that had city water. Administrator Wright agreed that the purchase of bottled water could be eliminated, but noted that this bid served to establish the price of the water for the Constitutional Officers who desirV it. Commissioner Scurlock felt the bottled water was necessary at the Fleet Management location'Vnly until they started receiving city water . Carolyn Goodrich, Purchasing Manager, recommended that the water cooler item be rejected and put out for rebid as there had been a few people who said they did not have a chance to bid. MOTION WAS MADE by Commissioner Lyons, that the Board reject all bids and if anyone wants bottled water, let them bring their own. MOTION DIED FOR LACK OF A SECOND. Commissioner Wodtke questioned whether we are trying to make a decision as to who uses bottled water or just setting a price. Discussion continued with Commissioner Scurlock continuing to emphasize his opposition to purchasing bottled water when City water is readily available. He felt possibly action could be deferred until we have a full Commission. 26 MOTION WAS MADE by Commissioner Wodtke that the Board accept staff recommendation for the bottled water and put the water cooler out for rebid. MOTION DIED FOR LACK OF A SECOND. Attorney Brandenburg noted that with no Board action, the bids will just die unless the Board intends to take this up in a future meeting. Chairman Bird returned to the meeting at 10:58 A.M. and resumed the chair. PUBLIC HEARING - PETITION PAVING - 14th STREET BETWEEN 6th AVENUE AND U.S. NO. 1 The.Board reviewed the following staff recommendation dated 3/14/83: TO: The Honorable Members of the DATE: March 14, 1983 FILE: Board o unty,Commissioners THRU: Co 4WhtJ' Countystrator lie SUBJECT: 14th Street - U.S. 1 to 6th Avenue Right -of -Way Acquisition FROM: James W. Davis, P.E. , REFERENCES: Public Works Director DESCRIPTION AND CONDITIONS During the March 2, 1983 meeting of the Board of County Commissioners, the public hearing for the petition paving of 14th Street was extended un%il the March 16, 1983 meeting so that all necessary right-of-way could be acquired. Since that March 2 meeting, staff has obtained a letter from Attorney George G. Collins, Jr.) stating that Mr. Erbe Wold, owner of Southgate Village Trailer Park, will donate the 25' of right-of-way and will pay the appropriate assess- ment for paving. (See attached map shown Mr. Wold's property). Mr. Wold is representing Mrs. Grace Lacava, who has also verbally agreed to donate the right-of-way and pay the assessment. Mrs. Summerall and t;Hollomans do not own the road right-of-way fronting their property,.as it,`sAirly itten out of the deeds for their land. It appears that the Ed Schlitt retained this MAR16 fir,,. �. 27 906% ati PACE 27 F, MAR 16 1983 s3�za right-of-way. Also when the Schlitt family sold the Neteler (formerly Barth) property, the Schlitts did not deed the road right-of-way. As a result, all parties involved, namely the Sumerall's, Holloman's, Neteler's, and Schlitts have verbally agreed to donate any necessary right-of-way. The County has .hired Donald N. Schneider, Indian River Title Corporation to update a title search of the road right-of-way which the County originally had performed in the early 19601s. Once the ownership is established, the parties involved have verbally agreed to donate the necessary right-of-way. The title search is to be completed by Friday, March 18, 1983. ALTERNATIVES AND ANALYSIS The alternatives presented are as follows: Alternative # 1 Approve the preliminary assessment roll and adopt the authorizing reso- lution subject to all parties deeding the road right-of-way to the County by April 1, 1983: If the deeds are not executed by that date, the Project shall be terminated at the west property line of the Council on Aging property. Alternative # 2 1/1 Approve the preliminary assessment roll and authorizing resolution for the paving of 14th Street east of the west property line o� the Council on Aging property. Alternative # 3 Extend the public hearing to the next meeting of April' 6, 1983. RECOMMENIDATIONS AND FUNDING Since all parties which may hold title to the .road right-of-way have agreed to convey the necessary right-of-way, Alternative # 1 is recommended whereby the preliminary assessment roll and authorizing resolution be approved subject to right-of-way. Funding to be by the Petition Paving Fund, unencum- bered balance is approximately $100,000. Jim Davis, Public Works'Director, explained that this item was in continuance from the last meeting and the recommendation of staff was to follow Alternate #1 and terminate paving on the west property line of the Council on Aging property. This recommendation was due to the fact that the County does not have right-of-way from one of the property owners involved. Chairman Bird opened the Public Meeting and asked if anyone wished to be heard. William Caldwell, Attorney representing Tom Vara, who had previously dedicated over half of the property in the proposed project, stated he was confused as to why the County doesn't go ahead and get the additional right-of-way which the memo indicates people are willing to give. 28 Mr. Davis explained that some of the owners involved have since reversed their decisions'to give the right-of-way because they do not want the proposed cul-de-sac at the end of the road. Commissioner Lyons felt that we should go ahead and improve, as quickly as possible, the portion for which we know we have the right-of-way, as there is a heavy traffic flow with people using that approach to the Council on Aging; however, we should continue to study what we can do west of that point. Jim Davis said they are having a title search performed to clear up that ownership, and if we could obtain the right-of-way, we could continue the paving to the west property line of the VARA property. Commissioner Wodtke suggested having the cul-de-sac a little further on down by the Council on Aging. Commissioner Lyons felt that we should not call it a cul-de-sac, ,but rather a turn -around. Chairman Bird asked if we could go ahead today and approve the project up to the west boundary line of the VARA property,,Vubject to acquiring the Neteler right-of-way; otherwise, the project would terminate at the west property line of the Council on Aging. Jim Davis felt that could be done if the Commission would authorize the necessary changes to the resolution and assessment role. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Lyons, the Board unanimously agreed to close the Public Hearing. 29 MAR 16 1983 pw 29 L MAR 1' 19R, ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Lyons, the Board unanimously adopted Resolution 83-21 based on comments made in regard to obtaining the right-of-way in front of the Neteler property. RESOLUTION NO. 83- 21 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CERTAIN PAVING AND DRAINAGE` IMPROVEMENTS TO THE EAST 653' + of 14TH STREET, BETWEEN 6TH AVENUE AND U. S. HIGHWAY 1; PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL DESCRIPTION �F THE AREA SPECIALLY BENEFITED. WHEREAS, the County Public Works Department has received a public improvement petition, signed by more than 2/3 of the owners of property in the area to be specially benefited, request- ing paving and drainage improvements to 14th Street, between 6th Avenue and U. S. Highway 1; and - WHEREAS, the petition has been verified and meets the requirements of Ordinance 81-2.7, and design work including cost estimates has been completed by the Public Works Department; and WHEREAS, the total estimated cost of the proposed improvements is $13,213.18; and WHEREAS, the special assessment provided hereunder shall for any given record owner of property within the area specially benefited, be in an amount equal to that proportion of seventy- five percent '(75%) of the total cost of the project which the number of lineal feet of road frontage owned by the given owner bears to the total number of lineal feet of road frontage within the area specially benefited, and shall become due and payable at the Office of the Tax Collector of Indian River County ninety (90) days after the final determination of the special assessment pursuant to Ordinance 81-27; and 30 WHEREAS, Indian River County shall pay the remaining twenty-five percent (25%) of the total cost of the project; and WHEREAS, any special assessment not paid within said ninety (90) day period shall bear interest beyond the due date at a rate established by the Board of County Commissioners at the time of preparation of the final assessment roll, and shall be payable in two (2) equal installments, the first to be made twelve (12) months from the due date and the second to be made twenty- four (24) months from the due date; and WHEREAS, after examination of the nature and anticipated usage of the proposed improvements, the Board of'County Commissioners has determined -that the following described properties shall receive a direct and special benefit from these improvements, to wit: (All described parcels lie within, and all references below to any section or part thereof shall mean, Section 12, Township 33 South, Range 39 East, in Indian River County, Florida.) 1. North 1/2 of North 1/2 of East 1/2 of Southwest 1/4 of Northeast'l/4 less road right-of-way as recorded Official Records Book 420, Page 581, 583. 2. Beginnidy at a point 990 feet South and 837 feet West of Northeast corner of Northwest 1/4 of Northeast 1/4, run South 172.47 feet, East 268.08 feet, South 136 feet, East 120 feet North 100 feet, East 31 feet, North 198.39 feet, West 431 feet to Point of beginning. 3. Lots 14 and 15, Block E and Lots 22 - 24, Block F, as shown on the Plat of J. J. Schlitt Subdivision, Unit 1 Plat Book 7 Page 37 of Public Records of Indian River County. 4. West 99 feet of South 110 feet of East 1/2 of South 1/2 of South 1/2 of Northwest 1/4 of Northeast 1/4 as recorded Official Records Book 483, Page 618. 5. Beginning at a Point being the Intersection of East right-of-way of U. S. Highway 1 and South boundary of Northwest 1/4 of Northeast 1/4 of Section 12-33-39, thence South 88050'41" East, 619.62 feet on said Southern boundary also being the 1/16 section line to a point, thence North 88°50141" West, 35.0 feet to True Point of Beginning, thence North 00°39151" East, 161 feet, thence South 88050'41" East, 135.08.feet, thence South 01°09119", 51 feet, thence South O1°09'19" West, 110 feet, thence North 88050'51" West, 135.00 feet to Point of Beginning, less West 99 feet of South 110 feet of South 1/2 of South 1/2 of Northwest of Northeast 1/4; less the West 30.0 feet thereof (which is not directly abutting the improvement and thus is not specially benefited). 1983 31 jax 53 wt 31 'L MAR 16 MAR 16 1983ar� NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing recitals are affirmed and ratified in their entirety. 2. A project providing for paving and drainage improvements to the east 548 feet + of 14th Street, between 6th Avenue and U. S. Highway 1, heretofore designated as Public Works Project No. 8205, is hereby approved subject to the terms outlined above and all applicable requirements of Ordinance 81-27. The foregoing resolution wasp"offered by Commissioner Scurlock who moved its adoption. The motion was seconded by Commissioner Lyons and, upon being puNto 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 passed and adopted this 16th day of March , 1983. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA RI ARD N. BIRD Chairman Mr. Davis hoped the Commission would give him the prerogative to continue accepting deeds for this right- of-way for 14th Street if it happens that people change their minds or whatever, so that they could complete that section and end up with a little turn -around at the end of the road east of the Clock Restaurant. 32 ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously authorized the Adminis- trator to continue to negotiate for further right-of-way on 14th Street. REBUILDING OF F.E.C. RAILWAY CROSSINGS The Board reviewed the following memo dated 2/24/83: TO: The Honorable Members of DATE: February 24, 1983 FILE: The Board of County Commissioners THRU: Michael Wright, County Administrator FROM• SUBJECT: F.E.C. Railway Crossings Schedule for Rebuilding in FY 1982/83 by the F.E.C. •James W. Davis, P. REFERENCES: R.W. Fondren, Chief Engineer, Public Works Director` F.E.C., to James Davis dated February 1, 1982 DESCRIPTION AND CONDITIONS In August, 1982, -the County received notice that the F.E.C. was planning to reconstruct the South Winter Beach Road railroad crossing at the. County's expense (approximately $15,000). By copy of our August 30, 1982 letter, the County Public Works Division requested a list\of all crossings that the F.E.C. plans to rebuild in FY 82/83. A list of seven (7) crossings was forwarded to the County in October, 1982. At that time, the F.E.C. stated that the County could pay the cost of $94,200 by a lump sum payment or by a deferred payment plan. ,-The staff requested to review the details of the deferred payment plan, and a copy was transmitted. The budgeted funding for F.E.C. Railroad Crossing work is $30,000 based upon previous years. Also, the F.E.C. recently notified the County that the Hobart Road crossing would be reconstructed at a cost of $15,000. ALTERNATIVES AND ANALYSIS To fund the $94,200 cost to rebuild seven (7) crossings in the County and $15,000 for the recently rebuild Hobart Road crossing, the options are: 1) Pay $30,000 with budgeted funds (acct. # 004-243-519- 34.46, unencumbered balance is $30,000). Pay the remaining $79,200 by budgeting this cost in the 1983/84 Fiscal Year budget. 2) Pay $30,000 with the above budgeted funds and authorize a budget ammendment in the amount of $79,200 transferring funds from the Secondary Road Trust Fund to account #004- 243-519-34.46 (Public Works Div. F.E.C. Payments Account). There are adequate funds in the Secondary Road Trust Fund to accomodate the transfer. 33 3 pw 13 MAR 16 1983 VA R 16 1983 11 R 53 ow 34 To date, reconstruction of two of the crossings, South Winter Beach Road and Hobart Road, have been completed. RECOMMENDATIONS AND FUNDING It is recommended that Alternative No. 2 be approved whereby the County would pay $30,000 of the $109,200 cost with budgeted funds and authorize a budget ammendment transferring $79,200 from - the Secondary Road Trust Fund to Account #004-243-519-34.46 (Public Works - F.E.C. Payments) to fund the unbudgeted cost. Furthermore, it is recommended that the Board of County Commissioners adopt a resolution informing the F.E.C. that unless the F.E.C. notifies the County in March of each year prior to the next Fiscal years budget adoption as to the crossings scheduled for reconstruction and the proposed cost, budgeted funds will not be available and the County will not pay the cost until .the next Fiscal year. Jim Davis explained that for the last six months, we have been communicating with the P,.E.C. about improving certain crossings in the County. The program is such that the F.E.C. simply notifies the County that they are going to begin improving crossings and will bill us for the cost. We have written back stating we don't have budgeted funds available to accomplish the 7 crossings they have proposed; however, they have written back stating that -if we don't have the money now, we can enter into a 4 -year payment plan. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Lyons, that the Board accept staff recommendation, Alternate #2, in regard to paying the $109,200 and indicate to the F.E.C. that, in the future, we need to be notified of such costs prior to budget adoption or the money will not be available. Commissioner Wodtke asked if this will all be paid this year. It was explained that payment will not be made until the project is done, which might be the next fiscal year. THE QUESTION WAS CALLED by Chairman Bird. The Motion was voted on and carried unanimously. 34 SEBASTIAN INLET Chairman Bird announced this matter would be a time certain item at 2:30 o'clock P.M. today. JOB TRAINING PARTNERSHIP ACT The Board reviewed the following memorandum: TO: Board of County DATE: March 9, 1983 FILE: 3/16/83 agen. Commissioners THROUGH: Richard N. Bird, Chairman Michael Wright, Co. Administrator SUBJECT: Job Training Partnership Act j FROM: L. S. "Tommy" Thomas*1 REFERENCES: Director Community Services Division Attached is a memorandum of information from Samuel Hunter, Assistant Superintendent, Administrative and Personnel Services, Indian River County School Board. - Mr. Hunter is the Chairman of the Balance of State Prime Sponsor, Advisory Council - CETA - as an appointee of the Governor. Mr. Hunte - has been kind enough to give us this information based on the meetings he has attended. His recommendation found on page 'three (3) is: "the remaining counties should petition the Governor for the SDA status in the near future" (Before March 18, 1983) What this means is that Brevard County has petitioned the Governor to be their own SDA (Service Delivery area). Based on this, Indian River, St. Lucie and Martin Counties should petition the Governor a -s a consortium to be their own SDA. Mr. Hunter also advised me that one of the first t -pings the three counties would have to do would be to decide how the Private Industry Council (PIC) would be selected, and how it would operate. Nan Griggs, who is the Executive Director for the Prime Sponsor which covers our area now in directing the current CETA program, may be avail able to take over the administrative responsibd1ity fo.r this SDA. If they accept the responsibility and funds for the n^w "Job '�rainin5 Partnership Act" as administrator of the SDA for the consortium of Martin, St. Lucie and Indian River counties, they also hav-e to accept any and all liabilities. I recommend that the Indian River County Board of County Commissioners sign the attached application as prepared. 35 pA� MAR 16 1983 53 0 PCOnDUh ffi(E*Mf' Scucct U-IS-FrIcy cr EMU CCLNTY 1426 19th Street - P. O. Box 2698 - Vero Beach, Florida 32960 JAMES A. BURNS. Superintendent Mr. L. F. Tlxxnas To: Ummmity Services Director Date: 3/3/83 SaH_mi A. tom', st. lilt It From: Administrative .& Personnel Services Name Subject: Job-n:aining I!artnel.## Art, Information rdative to .� For your Information Mote nd return Yoke caharge of this — Read, ane para to named person yam, Mote and sea mo Your comment Returned - Refer Questions To: ^Phone _ In compliance with -your request, I attended the meeting -in Tallahassee involving Commissioners from tbp, CEM Balance. of State ra_n1L1.es. Rep_ resentatives were present from Marston and St. Llzcie. The following _ . information. is presented. _ P;gsieg3t-Re n ,sigoed. into -law_ tban Jolp M:;i� pa -almn sIia� Art, ur. is the replacement for.C.A, ( will:ppir•e SeptadIrzr 30, 1983).* This legislation offers the opportira ty to bring t'be privat:c sector into a partnership with units of. general. ?oval gov - anent to plan, develop, and implement job training VLvgxams for jobs that are actually available. • Me rm-7 Art requires the Govcm-k) . to d ,gr-Mt;Q _a €: ':r-ky ee fi r l,ivaLy azo (SIA) (the SDA replaces the- -pr ivm, sponges rig J&x19,ta..�zj) 1-3ni ch : shall. be responsible for the ply _sig, sieve?; x�,�t, �Aio- 'ccblinisr:a tion. of job training programs for.gedarxl tither persons : in a funs partrlership arrangement F7s_t1'1 the private sect=. ' The Goveq:nor shall approve a . r. equest to be a wrvi_rr` -del!ve3y ares from: 1) any incorporated city or ccunty with_a 1980 census population of 200,000 or more; or 2) any ' consortilmm of contiguous cities or counties or combination thereof with an aggregate 1980 census population of 200,000 or more. Cities and counties which do not meet the eligibility criteria described above will be included in service delivery areas desig- nated by the Governor, using criteria developers primarily by the State Job Training Coordinating Council which wi11 be appointed by the Governor. The Department has already requested that cities/cocmties petition for SrA status based upon population criteria or by requesting desig- nation based upon other criteria. This information was to be sub- mitted not later than January 31, 1983.to the Department of labor and Employment Security . According to the Dunt, the State Job Training Coordinating Council, 4rh shall consist of representatives of business and industry, the legislature and state agencies, cities and counties, and the e2.igible population and the general public, is epcted to subalat its recommendations to the Governor in February, 1983 and the servi r;e -delivery areas mill be annw,iced not late, than March 1, 2.983 . In contizudng 'Florida. t s implementation of the Job Training Part7ney -- ship Act, the Florida Department of labor m1d Employment Security has developed a draft cotifiguration of Service Delivdry Are -as. Tri purpose of the develop-qxnt and dissemiratirrrl of ; the draft configu,ra-, tiara is to provide a point of refereno� for . motion a c;ma�ts - r 'abut the _Seg vie •Delivery Area- poss i bj-1iti _-.s -• som,,�in. �,o whic.' leaders_ and Cit *_ ens nay react. � �t -wi.a l be " `�t-ed that urzdesr.- this configuration all areas. of the 5tat.e ac -e .included ilLService Delfv- erY-Areas -With populations of atr least. 200, 000. Also each. Service Delivery Area currently has the capability to operate a crkVre- hensive job training program as evidenced by the e�{�erierlcp with CETA. No provision is evade for a Balan^.e of State in this con- figuration as the _spirit and ix -it, t, o£; ;-lie favi cc�il t;i.oious Whir aw_.- Prel�ir�y d=zqcu5�geog.%a an'OiV intral-ved syte te emit,'e.q,111dPx_me.'S rs his stro`4913v 1TIit-ared Illexe. sly)-ctid bs: not 'a Balawp of Stat"'. The enclosed Service Deliverycc,�fig:at«io�z does -riot represeai: either the proposed Areas which will br: developed by the State Job Training Coordimtimg Councjl which has been appointed by the Governor, nor does it represent the official recOl3mandatian of the Grnrernor.w'ni.ch is called for in the Job gain;pg Parteship Act. The Council's proposal and the Governor's rection will be done later. Those actions are planned for in the Service Delivery Area Designation Timetable. The Department is requesting that groups send comwnts about the configuration of areas. These reactions will be passed on to the State Job Training Coordinating COUWil.which will have responsi- bility for developing policies for overall operation of the program in the State. It* governing bodies within tura Service Delivery Area will have the responsibility for . deciding howthe Private Industry Caunci 1 will bs constituted. This seems to suggest: that the members of the Brevard, Martin, St. Uxi a and Indite River, Canty Czmmissians (if this grog of counties becomes the SDA to which Indian River is assigned) will make the determination. If those councils are to be constituted as they were under the old CEIA Act, more than 507, of the- Private Indus- try Council's mwbership will have to come from business and industry. As a matter of fact, that percentage mist be principals of business and industry. The rest of the membership would be made up of representatives from education, ccmmunity based orgattizations, rehabilitative services, employment" services, labor, and economic development agencies. This seems to suggest that the minimum an size of the PIC will be t liirteen members. The act requires the state to allocate 78% of the funds available for a fiscal year top service delivexy areas within the state. Preliminary figures suggest that the State of Florida will, b;.ve 110,000,000 for the fiscal period begiiw ing October 1, 1983. In a docunent which was prepared for 'Discussion Proposes" the following figures were noted: B-evard 1,999,000 Indian River 875,000 Martin 472,000 .- St:. Ixieie _ _ .. . = 1,484,000 4,830,000 C'rhese.-Are Stcucly figures Only) It is my understanding that .Brevard County has. requested Sn& stat u t . If this is true it will have to be granted because tin_ act states teat the Governor shall recognize the request. It zzmld appear vx) me • the ramming • Counties should petition the Goveriv, for_-mp, sjatus y,.! the near. futu-i.e. Commissioner lrefeynm 9 St . atcie Comity ax?fi Ccx-LJ.4 siOnO. King, Merin Country were. -Pr. ir. at: the mzet la lg . Vt. hit a session of - our own to see .if we had. a coir •u &Jerst;;.,. in& A*Ut tl1r: materials which were presented. We did have a common unders ••andirig and decided that the three commissions needed to initiate discussims in the very near future. I indicated that tI-L s .infarmation would be I relayed to our commission. The other two coamissions .wi11 effect- ing our.commissism. to contact then.' I � County govm meets may look forward to receiving informatian directly MAR 16 1983 from the State in the next few days. L 37 F, MAR ',1; 3 Tommy Thomas, Community Services Director, explained that time is of the essence in mailing an application indicating the County's willingness to enter into the program and into a consortium with St. Lucie and Martin counties. He noted that this application would determine a Service Delivery Area, an area having a population of 200,000 or more. Each SDA would be responsible for the planning, development and administration of job training programs with the private sector. The application would also indicate the County Commissioners' interest in how the Private Industry Council will be constituted. Samuel Hunter, Assistant Superintendent of Indian River County School District, was kind enough to'Vass on to the Commission information which he obtained at meetings he has attended in Tallahassee relative to this new program. He explained that the Job Training Partnership Act would be replacing the CETA program as of September 30, 1983, and would give private industries the opportunity to hire and train individuals while only paying for 500 of their salaries during the first year of their employment. Commissioner Scurlock asked if there are any additional funding requirements for Indian River County beyond what was anticipated. Mr. Hunter assured him there would be no additional funding needed, except some indirect expense such as an occasional day spent on the program by Mr. Thomas. He added that whatever funds were allocated to the SDA, 150 of those funds would be spent for administrative purposes. Mr. Hunter further explained that monies would be allocated to each County and would be prorated on the number of unemployed in each county. It will be determined on the basis of need, available positions and the number of unemployed. He stated that the money will be made available WJ to the County and if the County decides to spend it, it will be spent here; however, if the County decides not to spend it, it will be reallocated to the other SDA's in the state. Mr. Hunter believed that this area has demonstrated their ability during the CETA program to administer a program such as this, and that this will really be a transition from that program into this program; there will be no cross funding. In other words, they will exhaust all funds and will take over some programs that are in operation now. Commissioner Wodtke asked if the previous CETA staff would be utilized to administer this program in Indian River County. Mr. Hunter stated that he had some reservations that the current School Board staff could administer this program, as legislation states the Private Industry Council shall be.established and develop and make policy decisions. Mr. Hunter explained that in order to get this program started, it would appear to him that there should be some contact made with the Commissions of the other two counties to determine how the PIC should be organized and decide what level of control they wish to maintain. Commissioner S'Qurlock felt that the most interesting thing about the program is that we are being asked to train individuals when we have trained individuals out there right now who can't find jobs. Mr. Hunter replied that a person would not be put on the program to train unless a commitment is made to give him a job or find him a job. Commissioner Scurlock believed that would result in just a change of people, and Mr. Hunter replied that one of the sections in this program deals with retraining into fields having more demand, and there is a provision in regard to not usurping existing positions. 39 MAR 16 1983 #mac 53 Pat 39 MARR ; �` 1983 8 1. � PIC. 11 pAnr 40 Discussion took place regarding the formulation of the Mr. Hunter explained that the council must consist of representatives from education, health, rehabilitative services, labor and economical development - a minimum of 13 people. He stated that the legislation very pointedly says that half of whatever the council is must be principals of business and industry; in other words they must be in management capacity and decision-making positions. It also indicates that the chairman can only come from that group. Commissioner Scurlock asked if Indian River County takes no action, whether we are committed to the program in any case. Mr. Thomas stated that if we don't indicate our willingness to participate by sending in thV_application, we would not receive any funds, of which $875,000 has been earmarked for Indian River County. Commissioner Lyons expressed his reluctance to be a part of this program and accept any funds as -he felt this program was more open to fraud than the CETA program. Commissioner Scurlock said he would not vote for this program because he felt we have a responsibility to those already employed, and this County already has many trained workers who are unemployed. Chairman Bird indicated he was unfamiliar with the CETA program and whether it worked well or not. He had a problem turning down $875,000 funding that would be available to train residents of the County and perhaps result in some permanent jobs. Commissioner Wodtke believed that when an employer needs to hire someone, he prefers someone with experience. He felt there are a lot of jobs out there that people could do, but felt that this program and the new format gives business and industry the opportunity to be vocal and determine the operating policy on a locallevel which would M enable this program to work better than CETA. He would like to see the County participate in the program. Mr. Thomas noted that Brevard County had just announced it would be a separate SDA. He further explained that submitting this application obligates us only in that we would indicate a willingness to participate in the program; however, it does not bind us in anyway. He felt the next step would be to meet with the other two County Commissions as to how to commence and determine operating policy. Mr. Hunter reiterated that this would not obligate the County to more money, but would obligate us, principally, to an administrative activity in working with the other counties in deciding how the PIC is going to be organized and selected. MOTION WAS MADE by Commissioner Wodtke, that the Board adopt a resolution supportive of our intent to participate in the Job Training Partnership Act and that the application to participate with St. Lucie and Martin counties in ,a consortium Service Delivery Area be authorized for the Chairman's signature. FA MOTION DIED FOR LACK OF A SECOND. Commissioner Scurlock felt that the community deserves five commissioners and hoped that the Governor would appoint one soon as he believed that a matter of this importance should come before a full Board to eliminate the possibility of a decision on a split vote. Chairman Bird thanked Mr. Hunter for his presentation of this program and felt that perhaps when a new commissioner is appointed, the Board may decide to readdress this issue and ask Mr. Hunter to return. 415, MAR 16 19 3 3 pw 41, F, MAR 16 1993 The Board of County Commissioners thereupon recessed for lunch at 12:00 Noon and reconvened at 1:40 o'clock P.M. with the same members present. FLORIDA HEALTH CENTER - INDUSTRIAL BOND ISSUE Attorney Brandenburg distributed to Board members a proposed Inducement Resolution and Letter of Endorsement regarding the financing of a 120 bed nursing home facility in the hospital node. He noted that normally an inducement resolution contains a finding of the stability of the applicant, but due to the need for haste, staff has not had time to research their financial setatements; so, this inducement resolution will be made subject to findings of the financial stability at a later date. The Attorney noted that paragraph 5 of the letter, which is Exhibit A, presupposes that we have taken a loop at their financial position, which we have not, and we need to modify this paragraph to make it consistent with paragraph 8, which spells out that we have not undertaken any definitive review. Attorney Brandenburg recommended that the Board adopt the resolution based on his getting together with Bond Counsel to work out the appropriate language for these items. Commissioner Scurlock referred to Page 2 of the Resolution where it is stated that the Issuer is able to cope with the impact of the project and all facilities and services will be available. He wished to be sure this does not require us to extend facilities into that area. Attorney Brandenburg stated that he would like the Board's permission to modify that statement, which is in Item D, and clarify that we have made no finding with respect to utilities. Attorney Wendell noted that actually these services are available and he suggested just adding the phrase that the Issuer has no obligation to provide these services. 42 Various.other phrases were suggested, and after further debate about the proper wording, Attorney Wendell suggested that the Board pass the Resolution with the same reservation as for Item D where the County Attorney and Bond Counsel will come up with the proper wording. Attorney Brandenburg confirmed that he would prefer to discuss this clause with Bond Counsel. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Lyons, the Board unanimously adopted Resolution 83-22, with the language in Item 5 of Exhibit A and Item 8 to be worked out by the County Attorney and Bond Counsel, as well as the language in Section D of the Resolution in reference to public utilities and service avail- ability. I/ 43 MR6198 Pot 43 1 3 Emil 6'� • RESOLUTION NO. 83-22- A RESOLUTION AUTHORIZING THE EXECUTIOF AND DELIVERY BY INDIAI7 RIVER COUNTY, FLORIDA, OF A LETTER OF INTENT AND INDUCEIMENT TO FLORIDA HEALTH FACILITIES CORP. (OF INDIAN RIVER COUNTY) WITH RESPECT TO THE ISSUANCE .BY THE COUNTY OF NOT EXCEEDING $3,500,000 INDUSTRIAL DEVELOPMENT REVENUE BONDS TO FINANCE THE COST OF THE ACQUISITION, CONSTRUCTION AND EQUIPMENT OF A NURSING HOME FACILITY IN THE COUNTY; AND PROVIDING AN EFFECTIVE DATE. 53, ati 44 BE IT, RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: SECTION 1. AUTHORITY FOR THIS RESOLUTION. This resolu- tion is adopted pursuant to the provisions of Chapter 159, Part II, Florida Statutes (1981), as amended (collectively, the "Act"), and other applicable provisions of law. SECTION 2. FINDINGS. It is hereby ascertained, deter- mined and declared as follows: A. Indian River County, Florida (the "Issuer"), is authorized by the Act to make and execute financing agreements, contracts, deeds and other instruments necessary or convenient for the purpose of facilitating the financing of the acquisition, construction and equipment of projects, as defined in the Act, including machinery, equipment, land, rights in land and other .appurtenances and facilities related thereto, to the end that the Issuer may be able to promote the ecomomic growth of the State of -1- Florida, increase opportunities for gainful employment and a, -her - wise contribute.to the welfare of such State and its inhabitants; and to finance the cost of such projects and related facilities, by the issuance of its revenue bonds. B. Florida Health Facilities Corp. (of Indian River County), a Florida corporation (the "Borrower"), wishes to acquire, construct and equip a 120 -bed nursing home, including any necessary utilities (the "Project") within the corporate territorial limits of the Issuer, and to have the Issuer issue its revenue bonds to finance the Project; and the Borrower has requested that the Issuer further indicate to the Borrower its intentions in this respect, 'in order to further induce the Borrower to proceed with the Project and incur expenses for its financing. C. The location of the Project in the area of the Issuer shall make a significant contribution to the economic growth of the`zssuer, shall provide gainful employment and shall serve a public 'purpose by advancing the economic prosperity and the general welfare of the State of Florida and its people. D. The Issuer is able to cope satisfactorily with the impact of the Project, and all the necessary public facilities, utilities and services that will be necessary for the construc- tion, operation, repair and maintenance of the Project and on account of any increase in population or other circumstances -2- MAR 16 oAt 46-1 MAR 16 1983 46 resulting by reason of the location of the Project within the territorial limits of the Issuer, will be provided by the Borrower when needed. E. Adequate provision will be made under the provisions of the proposed loan agreement, mortgage and security agreement (the "Agreement") for the repair and maintenance of the Project at the expense of the Borrower, and for the payment of the prin- cipal of, premium, if any, and interest on the bonds. F. The principal of, premium, if any, and interest on the bonds and all payments required under the Proposed Agreement and the promissory note (the "Note") secured by the Agreement, and the trust indenture, if any, securing payment of the bonds shall be payable solely from the proceeds derived by the Issuer under the proposed Agreement and Note, and any guaranty of such payment obligations by third parties, and the Issuer shall never be required to levy ad valorem taxes on any property within its territorial limits to pay the principal of, premium, if any, and interest on the bonds or to make any other payments provided under the proposed Agreement, Note or trust indenture, if any, or pay the same from any funds of the Issuer other than those derived by the Issuer under the proposed Agreement and Vote, or any guaranty agreement by third parties; and such bonds shall not constitute a lien upon any property owned by or situated within the territorial limits of the Issuer, except the Project. -3- 0 M The interest on the bonds, r:hen duly authorize^ an issued, will be exempt from federal income taxation under existing laws of the United States. SECTION 3. AUTHORIZATION OF EXECUTION AND DELIVER`T O , I�IDUCEt1ENT F LETTER. The Chairman and the Clerk Of the Board of County Co,m,issioners of the Issuer are hereby authorized to cute and deliver the exe- cute of the Issuer addressed to the Borrower, in substantially the form attached to this resolution as Exhibit A and incorporated by reference herein, with such . changes therein, whether made prior to the execution thereo thereafter, as shall be a from approved prom tiiae to time by such cffi_ cern executing the same, such approval to be conclusively evi- denced by their execution thereof. SECTION 4. AUTi4nPT'711, ,,, --"' L11C Chairman and Clerk of the Board of County Commissioners of --vie Issuer and all other officers and employees of the Issuer are t hereby authoriled to execute such further agreements and take such further action as shall be necessary to carry out the and purposes expressed i� such letterintent attached hereto as Exhibit A, upon its becoming an agreement on its execution by the Borrower, and are further authorizedto tare o such other st._r�s an�� actions as may he required and necessary in or,�er to issue such bonds. r effect SECTIO�1 5. EFFECTIVE DATE. This rOsolution sha1.L immediately upon its Passage. take -4 - MAR 16 1983 y ` 53 Pat 47 The foregoing resolution was offered by Commissioner Scurlock who moved its adoption. The motion was seconded by Commissioner Lyons 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 passed and adopted this 16th day of March, 1983. BOARD OF COU TY COMMISSIONERS • OF INDIAN RIFER COUNTY, FLORIDA B� If - RICHARD RICHARD N. BIRD ' Chairman Attost:�L��. � FREDA WRIGHT, Cle- -k APPROVE �S TO FTNCr1 ANDL SU,FIC By a iM. BRANDENBURG ty Attorney' - -5- Telephone: (305) 567-8000 BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Vero Beach, Florida 32960 EXHIBIT A Florida Health Facilities Corp. (of Indian River County) 615 East 14th Street, Suite D Des Moines,'Iowa 50316 Gentlemen: Suncom Telephone: (305) 424-1012 March 16, 1983 Re: Proposed Acquisition, Construction and Equipment of Nursing Home Based upon recent discussions with you, it is the under- standing of the Board of County Commissioners (the "Governing Body") and,the officials and representatives of Indian River County, Florida (the "Issuer"), that you are currently considering the construction of a 120 -bed nursing home, including any necessary utilities, within the territorial limits of the Issuer (the "Project"); that the costs of the Project will not exceed $3,500,000;, that the Project will provide employment in the area of the Issuer for approximately 80 people; and that the willing- ness of the.Assuer to issue and sell its industrial development revenue bonds for the purpose of financing the acquisition, con- struction and equipment of the Project is an important fact under consideration by you in determining the extent of the development feasibility of the Pr!;yject. The Governing Body has determined -that the issuance of industrial development revenue bonds by the Issuer to assist you by financing such Project in the area of the Issuer will result in an increase of employment in such area, and that the issuance of such bonds will serve a public purpose by advancing the economic prosperity and the general welfare of the State of Florida and its people. Accordingly, in order to induce you to incur expenses for the initiation of such Project and its financing, the Issuer r Florida Health Facilities Corp. (of Indian River County) March 16, 1983 Page 2 hereby makes the following proposal: 51 9 1. The Issuer will issue its industrial development revenue bonds in an aggregate principal amount not to exceed $3,500,000 for the purpose of paying the cost of the acquisition, construction and equipment of the Project, pursuant to preliminary general plans and specifications relating to such facilities which are on file in the office of the Clerk of the Governing Body. The bonds will be issued in such aggregate principal amount, mature at such times, bear interest at such rags and be subject to such other terms as shall be agreed upon among you and the Issuer and the bondholders. Mortgage and Security Agreement 2. You and the Issuer will enter ino a Loan Agreement, (the "Agreement") which shall pro- vide for a loan of bond proceeds by the Issuer to you for the purpose of the acquisition, construction and equipment of the Project, and you will execute and deliver a promissory note (the "Note") evidencing the loan. The Agreement shall be assigned either to a bank trustee for the benefit and protection of the bondholders, or to the bondholders. The installment payments to be made by you pursuant to the Agreement and Note shall be pledged to the payment of the principal of, interest on and redemption premium, if any, applicable to the bonds and the fees and expenses of the trustee, -if any. The aggregate principal amount of the bonds shall only be fully sufficient to pay the cost of the Project, the cost and expenses of financing the same and the expenses of you, -the trustee, if any, and the Issuer related thereto. 3. The Issuer will cooperate in the preparation of the Agreement,'the Note, the trust indenture, if any, and the neces- sary resolutions for the authorization and sale of the bonds. 4. Upon delivery of the bonds, the provisions of this proposal and the agreement resulting from its acceptance by you shall have no further effect, and in the event of any inconsis- tency between the terms of this proposal and the terms of the Agreement and the Note in the form in which they shall be finally approved by resolution of the Governing Body, the provisions of the;Agreement and Note as so approved shall control. 5. Upon acceptance by you of this proposal, the Issuer shall keep open and outstanding this commitment and inducement to You for a reasonable time so long as you shall be proceeding with appropriate efforts toward conclusion of any arrangements neces- sary to the Project, and (after finding the Borrower financially ft Florida Health Facilities Corp. (of Indian River County) March 16, 1983 Page 3 responsible as described in paragraph 8 hereof) so long as there shall be no material adverse change in your financial condition; provided, however, if for any reason (other than that which shall be the fault of the Issuer) the bonds are not delivered to the purchaser or purchasers thereof within one year from the date hereof, then the provisions of this proposal and the agreement resulting from its acceptance by you will be deemed cancelled. In such event, or in the event of its earlier cancellation by agree- ment between you and the Issuer, neither party shall have any rights against the other and,no third party shall have any rights against either party except: (a)' You will pay to the Issuer the amount of all expenses which shall have been incurred by the Issuer in connec- tion with the Project, and any administrative fees.of the Issuer in reviewing and processing your bond issuance application. (b) You will assume and be responsible for all con- tracts entered into by the Issuer at your request in connection with the Project; and (c') You will pay the out-of-pocket expenses of offi- cials and representatives of the Issuer incurred in connection with the Project and will pay counsel for the Issuer and the firm of Freeman, Richardson, Watson & Kelly, P.A., bond counsel, legal fees for legal services related to the Project or the financing thereof. 6..' \' Issuer shall not be obligated to pay any of the bonds or the interest thereon from any funds of the Issuer derived from any source other than the Agreement and Note, or any guaranty agreement by third parties, and in no event may the taxing power or other revenues of the issuer be pledged to pay any of the bonds or the interest thereod. Each bond shall contain a statement sub- stantially to that effect upon its face. The Issuer shall not be required to incur any expense with respect to the Project or the bonds unless requested to do so by you, in which event you hereby agree to reimburse the full amount of such expense to the Issuer; and the Issuer may require payment to it of such amount as a pre- requisite to its incurring any such expense. In accepting this proposal, you thereby agree to indemnify and defend the Issuer and hold the Issuer harmless against any injury or death of any person or persons occurring in connection with the construction, equip- ment and operation of the Project, or in any way growing out of or resulting from this proposal (upon its becoming an agreement, if accepted) including, without limitation, all costs and expenses of the Issuer, including reasonable attorneys' fees, incurred in the jo 53 A� 94ilk 2 Florida Health Facilities Corp. (of Indian River County) March 16, 1983 Page 4 enforcement of any of your agreements herein contained. This indemnity shall be superseded by a similar indemnity in the Agreement and, in the event the bonds are not delivered, this indemnity shall survive the termination of the agreement resulting from your acceptance of this proposal. 7. If it becomes evident at any time, in the opinion of bond counsel to the Issuer, that the interest on the bonds will not be exempt from federal income taxation on the proposed date of delivery of the bonds, and/or that you are or will be incapable of or unwilling to perform your obligations under the Agreement and Note, when executed and delivered, this proposal, if accepted by you, may be terminated at the option of the Issuer, and neither party shall have any rights against the other and no third party shall have any rights against either party except as provided in paragraphs 5(a), (b) and (c) of this proposal. 8. The Issuer has not undertaken any definitive review of your financial statements, nor has it received from you a commitment from a lending institution in regarc to the financing for the Project. The Issuer expressly reserves the right to review such statements and/or commitment and to' -decline to issue the bonds unless the Issuer finds that you are financially respon- sible and fully capable and willing to fulfill your obligations under the proposed Agreement and Note. If this proposal shall be satisfactory- to you, please execute and date the acceptance statement below, -and provide an accepted copy to the Issuer, whereupon this proposal will consti- tute an agreement in principle with respect to the matters herein contained. Yours very truly, INDIAN RIVER COUNTY, FLORIDA By RICHARD N. BIRD, Chairman Board of County Commissioners Attested and counters jgned; ` I,o s Clerk, Board of Co my Commissioners! Florida Health Facilities Corp. (of Indian River County) March 16, 1983 Page 5 Accepted by Florida Health Facilites Corp. (of Indian River County) on March 1983. Pr11im esident DISCUSSION RE LURIA'S PLAZA Attorney Brandenburg explained that this item was added because of a time frame difficulty in obtaining a Certificate of Occupancy for the Super X Store which is due to open Sunday. He reviewed the following letter from Attorney O'Haire in regard to a possible agreement: SHERMAN N.SMITH.JR. MICHAEL O�HAIRE JEROME O. OUINN CHARLES E.GARRIS ALAN S. POLACNWICH, SR. Gary Brandenburg, Esq. County Attorney Indian River County 1840 25th Street Vero Beach, FL 32960 Dear Gary: LAw 01rrac mm oar March 16, 1983 Re: Site Plan No. IRC -82 -SP -37, #685 MICHAEL J. GARAVAGL'A DOLORES D. DECAPRIO REPLY TO: Island Per our telephone conversations, my clients have agreed,in connection witA the above site plan, to the following: 1. To separate two lanes each of ingress and egress by a 2' wide yellow paint strip; a` 2. To provide curve radii at the entry, 40' on -E,he North side and 25' on the South side; 3. My clients will proceed with the platting of the pro- perty on the understanding that the Certificate of Occupancy will not be delayed because of the time required by the platting pro- cess and, in connection with the platting, will dedicate to the _County land for use as a deceleration taper, although my clients Will not construct a deceleration taper. My clients will provide from a banking institution an irrevocable line of credit in the total amount of $18,510.00 to the County for use in installing a traffic light at the entry to my clients' property or for construction of a decel- eration lane, whichever may be determined to be preferable by the Department of Transportation, such letter of credit to be good for a period of one year y s .aith�ully, MIC AF4,A1jRE 44 ,max 3 psi F, MAR 16 1993�r Attorney O'Haire believed that he and Attorney Brandenburg have been able to reach an agreement on every issue except the amount of money to be put in escrow for the purpose of either a deceleration lane or a traffic device. He informed the Board that he now has been made aware of a letter from the DOT stating that it would be a waste of time for his client's company to apply for permission to construct a right turn deceleration lane as the DOT would consider such a lane at that location a safety hazard. For this reason, Attorney Brandenburg apparently feelsa higher escrow amount would be more appropriate than the amount bid for the traffic device. Attorney O'Haire noted that he has capitulated on everything except that point: Attorney Brandenburg wished to define for the record just how far Attorney O'Haire had capitulated. He noted that it was mutually agreed that there would be two lanes in and two lanes out with a 2' wide yellow striping -down the middle; a 40' radius curb on the north and a 25' radius on the south. The applicant would plat this within a 6 month period and the County would not withhold the C.O. on the Super X store by virtue of their not having filed the plat of this date. They would complete the project with all the improvements as shown on the site plan; they would escrow an amount of money to be determined mutually between the Commission and the applicant today for a traffic light or deceleration lane, whichever the DOT determined to be the best and most appropriate traffic situation. Attorney Brandenburg continued that Attorney O'Haire's Letter indicates that they would supply an irrevocable letter of credit for a one year period, but he did not feel that is a sufficient length of time. In addition, the County Attorney wished Mr. O'Haire's client to agree that this is proper procedure and that the County, in fact, has the legal 45 authority to require these items and they will not pursue any action,'after this arrangement, to have a court declare it otherwise. Attorney Brandenburg noted that another situation is the status of the grounds for the opening for the weekend. Staff felt there were some hazardous situations existing because of the construction debris and the extent to which parts of the parking lot were not completed. Therefore, prior to obtaining a C.O. on Super X, it would be necessary for them to obtain standard barricades with flashing beacons and install them in a manner approved by the Traffic Engineering Department Department and also -clean up the site. In addition, they would hold the County harmless from anything resulting from the request for an early C.O.; and there would be an understanding that there would be no more C.O.'s issued, except for two small buildings under construction now, without all improvements being completed - that being the 10th Avenue extension particularly and the light that was agreed on at -10th Avenue and the 16th Street intersection. Also, the developer would agree to cooperate in accompAlshing the Community Development Department flow- through plan, if allowed by the DOT. Attorney O'Ha4e commented that the developer does not own the land between the two projects, but he will be glad to cooperate. Community Development Director King commented that he also had been in contact with the DOT in regard to what they would permit, and what they actually did say was they would not permit a deceleration lane that does not conform to their standards; however, 75-100' of full storage and a 150' taper would be permitted by the DOT at such time that the County had the necessary right-of-way to make the installation. Mr. King continued that at the present time we have basically 1701; so, at some futuxe date, should the 46 tax AG MAR 16 1983 LIAR 16 1983 5 property to the north along U.S.I be purchased for another use, the County then could get the necessary right-of-way to have a full deceleration lane and accomplish a one-way flow through Luria Plaza, K -Mart, etc. Commissioner Scurlock expressed concern about our police powers in regard to monitoring traffic internally on private property, and Mr. King talked about the difficulty of getting lights permitted so close together. Chairman Bird inquired if a developer of the in-between area would have the right to throw his traffic into K -Mart's lot, and Mr. King felt there would have to be an agreement. Commissioner Scurlock believed the only approach we can take is get rid of the "ifs" and deal with he actual reality of today. He stated that that he would like to see the amount escrowed higher than $18,500, a compromise figure between that and the $31,500 estimated for a deceleration lane. Various amounts and time periods were discussed. MOTION'WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Lyons, that the Commission go on record as approving the various stipulations that have been offered by the County Attorney with a 3 year $25,000 irrevocable letter of credit being established for a deceleration lane or a traffic light. Attorney Brandenburg suggested that it might be more palatable to Mr. O'Haire's client if there was an additional proviso on the difference between the $18,500 and the $25,000, and he suggested that a statement be made on the irrevocable letter of credit requiring that the $25,000 be lowered to $18,500 at the point where the DOT or the County has determined that it is impossible for the County one-way 47 flow plan to go through or impossible for us to obtain the extra right-of-way for the deceleration lane. Commissioners Scurlock and Lyons agreed to include the Attorney's suggestion in their Motion. Attorney Brandenburg felt the only other unresolved issue is in regard to the barricades, and Attorney O'Haire agreed that this would be taken care of. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. SEMINOLE SHORES DEFAULT OF PERFORMANCE BOND The Board reviewed memo from Utilities Director Pinto, as follows: TO. The Honorable Members. of DATE: March 8, 1983 FILE: the Board of County Commissioners THROUGH: MICHAEL WRIGHT, COUNTY ADMINISTRATOR z FROM: Terrance G. Pinto, Utilities Director DESCRIPTION AND CONDITIONS SUBJECT: SEMINOLE SHORES DEFAULT OF PERFORMANCE BOND REFERENCES: Seminole Shores Subdivision and Indian River County entered into an Agreement February 9, 1977, whereby Indian River County required Lowell Lohman, Irving M. Silverman and Opal M. Silverman, doing business as, Seminole Shores Subdivison to complete construction of a water treatment plant and system on the following described property: The North 330 feet West of State Road A -1-A of Government Lot 4, Section 27, and the North 330 feet East of Indian River of Government Lot 4, Section 28, all in Township 33 South, Range 40 East. Completion of project was to be within one (1) year from the date of the proposed final plat approval (February 28, 1977). Indian River County also required Seminole Shores Subdivision to present a perform- ance bond in the amount of twenty five thousand ($25,000) dollars guaranteeing the completion of said water treatment plant and system within the -said one year period. Said agreement states in the event said water treatment plant and system are not satisfactorily completed within said one year period, then Indian River County will have the right to call this agreement in default acid require the bond to become due. 48 MAR 16 1983 RECOMMENDATION It is the recommendation of the Utilities Division that the County Attorney bp authorized to proceed with action requiring the payment of Bond No. LB 638877 issued by Florida Farm Bureau Mutual Insurance Company as surety, in favor of the County of Indian River on behalf of Lowell Lohman and Irving Silverman in the amount of twenty five thousand and 00/100 ($25,000.00) dollars for failure to comply with the requirements of said agreement. Commissioner Scurlock asked if the $25,000 is enough to make the necessary improvements. Utilities Director Pinto felt probably not, but noted that now the County is proceeding with running a water line up to that area, and he believed $,25,000 should be adequate to put the line in. Commissioner Scurlock inquired as to tat sort of legal responsibility the developers, Silverman an& Lohman, would have with the property owners. Mr. Pinto noted that they entered into an agreement with the County that within one year after approval of the subdivision, they would provide a water treatment plant and system and placed a bond to guarantee that performance and specifically said if it were not done in one year, the County could call the bond and use it to complete the system.' Commissioner Scurlock asked whether we are obligated to complete the system in the event we call the bond, Attorney Brandenburg felt what Mr. Pinto has in mind is somewhat different, and he recommended we call the bond and fight it out with the insurance company. Question arose as to our ability to assess for any additional amount that might be needed and also as to whether there are existing lines in that subdivision waiting to be connected. Mr. Pinto did not believe there are adequate existing water lines. 49 Discussion ensued at length as to the costs involved and what we might be obligating ourselves to do if we accept these funds. Attorney Brandenburg believed the bonding company will be looking at every angle, and one of the considerations may be that the money can only be used for completion of the system that was to be put in. Mr. Pinto noted that we are in the area with water. He believed we are committed to servicing this subdivision and pointed out that this $25,000 would just be that much less money we have to raise. Chairman Bird expressed concern about any obligation we might have to bring the present internal system up to standards, and Mr.,Pinto noted that it was to have been done to our specifications. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Scurlock, the Board unani- mously authorized the Utility Director and the Attorney to move ahead to ask for payment 0f.\Bond LB 638877issued by Florida Farm Bureau Mutual Insurance Company on behalf of Lowell Lohman and Irving Silverman. DISCUSSION RE ORDINANCE RELATING TO THE CONSULTANT'S COMPETITIVE NEGOTIATION ACT Attorney Brandenburg reviewed the following memo: 50 MAR 16 1983 — to 53 raet 69 J TO: Members of the DATE: FILE: Board of County Commissioners March 8, 1983 , SUBJECT: Agenda Item Ordinance Relating to the Consultant's Competitive Negotiation Act FROM: Gary M. Brandenburg REFERENCES: County Attorney The 1st District Court of Appeals has,lxecently decided the case of City of Jacksonville vs. Reynolds, Smith & Hill, Architects, Engineers and Planners, Inc.. This case indicates that the Consultant's Competitive Negotiation Act contained within Florida Statutes §287.055 (3) contemplates that local %overnments may con- sider factors other than those listed in the sub -section relating to qualification procedures for professionals interested in con- ducting work for the local government. Using only the qualifl.ca- tions contained in the act does not allow_ the'local government to request the submission of fee quotations to be taken into consider- ation in determining -the three most qualified firms before begin- ning negotiations. Consequently, at the time the three top firms are picked the County is not apprised of fee differentials and, in fact, does not learn of each of the top three contestants' fee quotations until negotiations have commenced with the respective contestant. I would recommend that Indian River County adopt an ordinance specifying what other factors are to be taker into con- sideration in judging the three most qualified firms under the Competitive Negotiation Act. By receiving fee the County will be in a position to save considerablelmountsons upfofnt,' money. The Attorney emphasized that as it stands now, the County judges the consultant's qualifications based on their resume and knows nothing about fees until negotiations are commenced. He urged that the County authorize his office to compose an ordinance as recommended, and noted that the City of Jacksonville has done this. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wodtke, the Board unanimously authorized the Attorney to draft an ordinance as discussed above. 51 PARTICIPATE,IN ESCAMBIA COUNTY VS. MC MILIAN CASE Attorney Brandenburg reviewed the following memo, noting that this participation would merely list Indian River County's name before the Supreme Court and help to impress them with the importance of this case. TO: Members of the DATE:FILE: March 8,'1983 Board of County Commissioners SUBJECT: Participation as Amicus Curiae in the Escambia County, Florida v. Henry T. McMillan Case Pending Before the U. S. Supreme Court FROM: Gary M. Brandenburg REFERENCES: County Attorney This office has received a request from Escambia County to place Indian River County's name and my name as County Attorney on a list of Florida cpunties submitting briefs as amicus curiae in the U. S. Supreme Court. This case involves very important points for non -chartered counties such as Indian River County; the constitutionality of the at -large method of electing County Commissioners as provided by the Florida Constitution',and the ability of a county to establish a new election syst" once the previous system is held to be unconstitutional. The Federal District Court held the at -large method of electing County Commissioners as rprovided by the Florida Constitution and applied in Escambia County invalid. The court then held the County Commission's attempt to.adopt by ordinance a remedial means of electing County Commissioners to be invalid.- The Federal Court of Appeals upon rehearing agreed with the District Court. Because the Supreme Court of the United States hears only a very small percentage (i.e. 150 cases per year) of the cases submitted for consideration, it is necessary to stress the wide-ranging effect of such decisions when requesting a review -by the Supreme Court. Consequently, Escambia County has requested the support of the 61 other non -charter counties. To date the following counties have agreed to act as amicus curiae: Lee County, Jefferson County, Seminole County, Orange County, Manatee County, Jacksoii County, Citrus County, Suwannee County, Alachua County, Hendry County; Wakulla County, Brevard County, Martin County, Palm Beach Counj;y, Taylor County, Franklin County, St. Johns County, Leon County,, Charlotte County, Sumter County as well as the State Association of County Commissioners for the State of Florida. To participate will not require the expenditure of funds by Indian River County and might aid in the clarification of very important issues that will eventually affect this County. I recommend that Indian River County participate as amicus curiae. 52 x3 pnt F, MAR 16 1983 * 53 Awa ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wodtke, the Board unanimously authorized the County's participation as amicus curiae in the above court case. SETTLEMENT - WILMOTH & DEICKLER VS. INDIAN RIVER COUNTY Attorney Brandenburg explained that the Complaint filed by Wilmoth & Deickler arises out of a subdivision approval of Shady Oaks, at which time the Qounty required that the subdivider escrow funds for half the cost of two half roads. The developer objected to that request all the way through the procedure, but the subdivision was approved subject to that condition. The developer has proceeded to build and instituted suit in the meantime stating that the County's action was improper. They have made the following offer through their attorney: I G. RUSSELL PETEBSEN ATTORNEY-AT-LAW GRANT BUILDING 1428 21J: STREET MAILING ADDRESS - POST OFFICE BOX 89e (308 889-33t1 VERO BEACH, FLORIDA 32961 February 23,-1983 ,�223Z4Z516�,� c FEB 158 o Gary Brandenberg, Esq. FXCEIdr:J Attorney for Indian River Board of R co�� Attcrneq's ti' County Commissioners � Office �� 1840 25th Street <<n� '4 Vero Beach, Florida 32960 �l/�nl o L°' Re: WDRF vs. Indian River Board of County -Commissioners Dear Mr. Brandenberg: Case #82-1336 I relayed the County's settlement offer of one-half of $15,300.00 to'my clients and have received the following response: They will not accept one-half 53 of $15,300.00, but would settle for return of their $15,300.00 without interest, and they will pay their own attorney s fees. Please let me know as soon as possible whether this is acceptable to the County. CLC: eh cc: Joseph Fidele Very truly yours, Carol L. Connell AttoAney Brandenburg continued that the developer has stated that these roads do not serve as ingress and egress to the subdivision ,And they do not use those roads at any time. As part of the case, the developer has delineated all of the other subdivisions approved where no monies were requested and he has built up an inverse condemnation case. The Attorney continued that at the particular time when this subdivision was approved, the Planning Department, under former Planning Director Rever, was maintaining that all the roads that had to be dedicated had to be paved, or if not, the money for the paving had to be escrowed. Staff now has done some research and found that since 1974 there were two subdivisions where escrow funds were involved, and 47 where other roads were required, but no road paving was required. 54 MAR 16 1983 r MAR 16 1983 � .fix �a 6 Based on this information, and the wording of our current Subdivision Ordinance, the County Attorney recommended that the County accept the above offer. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Lyons, to authorize the Attorney to do whatever is necessary to accept the offer relayed by Attorney Connell and asked staff to come up with a consistent policy in regard to requiring paving of roads and also to stop co-minglixyg of funds. Lengthy discussion ensued regarding thV-number of times the Board had considered this particular subdivision, the assessment policy that has been set up since, private streets opposed to dedicated streets, the need to adopt a new Subdivision Ordinance clarifying procedures re half roads, assessments, etc. Based on the facts presented, it was generally agreed it would be more consistent to return the escrowed funds, and Attorney Brandenburg believed there is a substantial chance the County would lose this suit and incur more expenses. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. SUPPORT CITY OF MELBOURNE'S OPPOSITION TO FEES AT SEBASTIAN INLET STATE PARK Chairman Bird discussed the following letter received from the City of Melbourne: 55 005> 727- 29�0- February 24, 1983 Board of County Commissioners Indian River County Administration Building 1840 25th Street Vero Beach, Florida 32960 900 e., (ytd+ alp 32901 Gentlemen: Attachedis a copy of Resolution No. 804 adopted by the Mayor. and Council at their : February 22 Meeting. The Reso- lution indicates the City's objection to the establishment of entrance fees 4t Sebastian Inlet State Park -by tare Florida Department of Natural Resources. We would appreciate your support of this Resolution, and ask that You contact Mr. Elton J. Gissendanner, Executive Director of the Florida Department of 'Natural Resources 3900 Commonwealth }boulevard, Tallahassee, Florida 32303. Additionally, we have been informed that the Park will be closed at dusk to all except fishermen. We feel that this procedural A ange shou'd be re-evaluated. It is important that our residents and visitors to the area be allowed ac- cess to the Park without restrictions being -imposed. Since; eiy, I/ Samuel H. Halter Cite Manaber The Chairman informed the Board that the State Department of Natural Resources has indicated that they do not have any intention of imposing any fees on the south side of the inlet park, except for camping, because of the deed restrictions. Apparently Brevard County does not have that same stipulation, and it seems the DNR feels a fee should be established there consistent with other state parks. Chairman Bird noted that just because we are located 56 MAR 16 1983 53 tw 65 r MAR 16 1993 , cZr-66 on the south side of the inlet does not mean that our residents might not want to use the park facilities located on the north side of the inlet. He felt it is a unique situation with a park surrounding an inlet, which is a special taxing district, and people have been able to fish and launch boats there for many years. Commissioner Scurlock stated that he wouldn't mind the State charging anon -resident fee, and Commissioner Lyons commented that the state has a big problem; they must pay for policing, maintenance, etc. The possibility of boat launching fees and camping fees we're discussed. Commissioner Wodtke felt possibly sufficient funds could be raised for maintenance, etc., thrOV 'gh concession fees. He noted that we are pretty adamant in regard to not paying any fees on our side of the inlet, and he felt we should be supportive of Brevard County. It was generally agreed the key issue is opposing an.entrance-fee. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wodtke, the -Board unanimously authorized the Chairman to write Mr. Gissendanner of the DNR supporting the City of Melbourne's objection to the establishment of entrance fees at Sebastian Inlet State Park. PROMISSORY NOTE - $850,000 INDUSTRIAL DEVELOPMENT BONDS Attorney Brandenburg reviewed the following letter from the law firm of Fleming, O'Bryan & Fleming: 57 M Gary M. Brandenberg, Esquire +^�:f.: 1 1840 2 5th Street Vero Beach, Florida 32960 S IAR 1°8: Re: $850,000 Indian River County Industrial Development Revenue Bonds, Series 1982. �`- "e�' At.crn,.• G``, . Office Dear Gary: C. Subsequent to the closing on the above -referenced transaction, the attorney for the Bank, Robert Koppen•, requested that a new promissory note be executed by Robert H. Davis and William A. Davis and endorsed to Barnett Bank by Indian Ri.•ver County,.Florida. This request was made in order that the form of promissory note would conforin to that previously approved by Mr. Koppen. You wil'find enclosed herewith the new promissory note which has been exdcuted by the Davises. I would appreciate your coordinating the assignment to bondholder on the back of this note and returning it to me. I will forward the same to Mr. Koppen. A copy of this note has been forwarded to Peter Dame for his approval on the assignment. Should you have -any questions, please do not hesitate to contact me. Very ,,truly yours, Lynn A p' s- on Woods For the Firm 58 Avg 5,��C LAW OFFICES FLEMING, O'BRYAN & FLEMING WM. M. O'BRYAN JOHN W. FLEMING A PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS E. BRUCE JOHNSON FOY B. FLEMING, P.A. FORT LAUDERDALE • BOCA RATON • WEST PALM BEACH JOHN P. KELLY O. MORTON WESTON, JR. DEBORAH C. POORE JOHN S.NEELY,JR.,P.A. POST OFFICE DRAWER 7028 RICHARD A.MURDOCH WILLARD D. DOVER, P.A. FRANK M. HAMILTON GULFSTREAM BANK BUILDING LAWRENCE C.CALLAWAY,$ RONALD P. ANSELMO, P.A. 1415 EAST SUNRISE BOULEVARD DAVID S.SALSBURY LYNN H. SIMPSON SCOTTEO, P.A.FORT LAAUDERDALE, FLORIDA 33338 JONATHAN L.GAINES GARY S..BARBER LAUREN E.GENTELE ROBERT D.McINTOSH TELEPHONE (305) 764-3000 SUSAN WALKER SCHEHR C. DANIEL PETRI E,JR. CHRISTOPHER C.WHEELER MIAMI 945-2686 MICHAEL T. BURKE PAUL R.REGENSDORF BARBARA B.WAGNER ROBERT E.MUROOCH March 2, 1983 THOMAS A.GROENOYKE THOMAS F. FLEMING (1885-1958) GEORGE P. ROBERTS, JR. RICHARD T.WHALEN WILLIAM O.RICKER,JR. OF COUNSEL KEITH J. KANOUSE JAMES B. DAVIS Gary M. Brandenberg, Esquire +^�:f.: 1 1840 2 5th Street Vero Beach, Florida 32960 S IAR 1°8: Re: $850,000 Indian River County Industrial Development Revenue Bonds, Series 1982. �`- "e�' At.crn,.• G``, . Office Dear Gary: C. Subsequent to the closing on the above -referenced transaction, the attorney for the Bank, Robert Koppen•, requested that a new promissory note be executed by Robert H. Davis and William A. Davis and endorsed to Barnett Bank by Indian Ri.•ver County,.Florida. This request was made in order that the form of promissory note would conforin to that previously approved by Mr. Koppen. You wil'find enclosed herewith the new promissory note which has been exdcuted by the Davises. I would appreciate your coordinating the assignment to bondholder on the back of this note and returning it to me. I will forward the same to Mr. Koppen. A copy of this note has been forwarded to Peter Dame for his approval on the assignment. Should you have -any questions, please do not hesitate to contact me. Very ,,truly yours, Lynn A p' s- on Woods For the Firm 58 Avg 5,��C r MAR 16 1983 The County Attorney stated that it is now appropriate for the County to assign this Note to the bondholder. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Lyons, the Board unanimously authorized the Chairman to execute the assign- ment of the Promissory Note to the bondholder, as follows: PROMISSORY NOTE 1/1 Date: Dec mber 29, 1982 For value received, ROBERT H. DAVIS and WILLIAM A. DAVIS (collectively, the "Proprietor") jointly and severally promise to pay to the order of INDIAN RIVER COUNTY, a political subdivision of the State of Florida (the "County"), the principal sum of $850,000, together with interest and other amounts from the date hereof as specified in the Loan Agreement, Mortgage and Security'Agreement (the "Loan.Agreement") herein incorporated by reference, to which this Note is annexed as Exhibit C. This Note is secured by the Loan Agreement of even date between the Proprietor and the County, including the Security Interest and Mortgage described and defined therein, all of which is set forth in the Loan Agreement. It is expressly agreed that all covenants, conditions and agreements contained in the Loan Agreement executed in connection herewith are hereby incorporated by reference in this instrument as though fully set forth at length herein. In the event of conflict between this Note and the Loan Agreement, the terms and conditions of the Loan Agreement shall control. This Note shall be deemed to be in default upon the occurrence of any event of default under the terms•of the Loan Agree- ment. Upon the occurrence of an event of default, the holder of this Note may, at its option, declare all unpaid indebtedness evi- denced by this Note, immediately due and payable, without notice, regardless of the date of maturity. Failure at any time to exer- cise this option shall not constitute a waiver of the right to exercise the same at any other time. This Note is assignable to the bondholder as provided in th Loan Agreement. This Note shall be governed by the laws of t" State of 'loridzf, which laws shall be applicable in the interpret i `', co tructiozi and enforcement hereof. '" s CV ROBERT H. DAVIS r •, l( ('WILLIAM A. DAVIS 59 ASSIGNMENT TO BONDHOLDER For value received the undersigned hereby sells, assigns and transfers to the Barnett Bank of South Florida, N.A., Miami, Florida, the above Note and all rights thereunder. (SEAL) INDIAN RIVER COUNTY, FLORIDA BY: oe Chairman, Board of County Commissioners DISCUSSION RE OCCUPATIONAL TAXES The Board reviewed memo of the County Attorney to the Tax Collector, as follows: TO: Gene Morris DATE: FI LE Taxctor February 4, 1983• �d 0,'�o 0'P� " SUBJECT: Occupational Taxes o� ;. . FROM: Gary M. Brandenburg REFERENCES: County Attorney I believe this would be an appropriate time for Itidian River County to review the Structu a-r--ind authority for the imposition of occupational taxes. I note that the last activity in this area in the County occurred in 1972. Since that time, the legislature has made several changes in the law the last being as recent as 1982. This raises some questions as to whether the County currently meets the state requirements regarding the imposition of -occupational taxes. As I recall you expressed the same concerns,to me about sig -months ago. Of course, your office is the main contact between the public W smx 53 oar 69 F, 53 ens 7o -1 and the County in this area and your comments and suggestions on how to upgrade the ten year old laws and rate schedule will be very important. I intend to present this matter to the County Commission within the next month. I would appreciate your help and cooperation in formulating a new ordinance and rate schedule so that it may be presented to the County Commission within thin time frame. Thanking you in advance for your cooperation. Attorney Brandenburg informed the Board that Tax Collector Morris agrees that cert�rin changes are necessary, and he has someone working on this now. The Attorney continued that he would like authority to ye ahead on drafting a new ordinance. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Lyons, the Board unanimously authorized the County Attorney to draft an ordinance as recommended above. WITHDRAWAL OF APPEAL OF JACKSON AMALGAMATED ENTERPRISES Attorney Brandenburg informed the Board that it will not be necessary to authorize a public hearing for the appeal requested by Jackson Amalgamated Enterprises as it has been withdrawn as evidenced in the following letter from Attorney Sherman Smith, Jr.: E I 61 SHERMAN N 4M� -. JR. MICHAE_ O -A cv- JEROME 0. O_ 114 _' AR_ ­3 T.17ARRIS A'_AN 77.. FV_AC✓W H. 9R. March ., 198' Mr. Gary M. Braude^.burg County Attorney 1840 - 25th Street Vero Beach, C'•or4da 32960 A "IR P •H .."v-0 -o Main'and r c Dear Mr. Brandenburg- As you know by your copy of my letter of yesterday to the County Admin;strat.or, Jackson Amalgamated Enter- prises has filed an appeal and applica4on for variance with the Board of Zoning Adjustment. Therefore, ; here- with withdraw its ap.peal to the 3oard of County Comm�ss;oners dated January 20., 1983. Sincerely, SNS,Jr.:SMP Sherman N. Smith, Jr. , APPOINTMENTS TO CODE ENFORCEMENT BOARD The Beard reviewed the following staff memo: It, 62 MAR 16 1982 goo, �Atl F, MAN 16 1963 TO: Board of County DATE: March 9, 1983 FILE: Agenda Commissioners 3/16/83 FROM: Alice White SUBJECT: Appointments to Code Enforcement Board REFERENCES: .Ihe following resumes have been received fax° consi-deration of appointment to the Code Enforcement Bbard. David L. "Dutch" Shaffer, Indian River Cooling, Inc. Barton D. LnBar, Mechanical Engineer C. E. Block, Architect Joseph Garone, General Contractor Edna S. Craven Robert Knight, Electrician, Member of Organized*Labor The membership of this Board shall consist of seven (7) members, and shall include an Architect Businessperson Engineer General Contractor Sub -contractor Board of Realtor representative At Large member Each member shall be a resident and registered voter of the County, with interest, experience and/or competence in the fields of zoning and building. We have received thirty-three (33) letters requesting that a representative of Organized Labor be placed on our County Advisory Boards. CONFIDENTIAL RESUMES UNDER SEPARATE COVER Commissioner Lyons reported that the Vero Beach Civic Association has submitted the name of John J. Morrison, both as a business man and registered real estate broker. After some discussion, it was decided to go through the names submitted by categories. 63 Commissioner Lyons reported that he had someone who had agreed to be the architect, but has since declined. He noted that although he did not recommend Charles Block for this appointment, he would have no objections. Commissioner Wodtke informed the Board that the businessperson he has come up with is Calphrey Streetman, who is involved in the production of citrus. He noted that he had not been aware that Mr. Morrison was interested, and Commissioner Lyons commented that he had asked the Civic Association if they had a candidate for any of the categories. Chairman Bird reported that for the Engineer, he would submit the name of James Young, Jr., who is with Beindorf & Associates. In discussion, it was noted that both Mr. LaBar and Mr. Young are engineers and it was thought possibly they could be considered sub -contractors. Commissioner Lyons stated that he would like to get Mrs. Craven on as an at -large member. He believed it would be good to have a woman on the board. CommAssioner Scurlock reported that he has a resume for Joseph Garone for the category of General Contractor. Chairman Bird,�nformed the Board that the Board of Realtors has recommended Marie Byrd. In further discussion, it was noted that we have received a number of letters in regard to a representative from organized labor. It was felt that Robert Knight could fill that position. Commissioner Scurlock stated that he still had a concern about the Board of Realtors, which is an organized club, making a recommendation unless we include all the various club groups. He noted that the list sets out a "Board of Realtor representative." The Chairman felt this should just state realtor representative. 64 MAR 16 1983 � 800K 53 Pw 113 MAR 16 1983 �a ;a 74 It was pointed out that the Ordinance states that each Board member shall make one appointment, and the two remaining are to be appointed by a majority vote. Commissioner Scurlock named Joseph Garone - General Contractor. Chairman Bird named James Young, Jr. - Engineer Commissioner Lyons named Edna Craven - member -at -large Commissioner Wodtke named Calphrey Streetman - Businessperson Commissioner Scurlock named Robert Knight - Sub -contractor C. E. Block was named for the category of Architect It was pointed out that one position should be held open for the new Commissioner to appoint. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously i appointed those listed above to the Code Enforcement Board; Edna Craven and Calphrey Streetman to serve 3 year terms; James Young, Joseph Garone, and Robert Knight to serve two year terms, and C. E. Block to serve a one year term. REPORT ON TRANSPORTATION PLANNING COMMITTEE Commissioner Scurlock reviewed the following summary: SUVdARY OF ACTIONS TRANSPORTATION PLANNING COKMIT 'EE c^, �'� ��ti�� , . , , . _.. • MARCH 8, 1983 1. City of Vero Beach/Barrier Island Traffic Study: C mu.ttee approved staf f reccm-mexdatior s focusing on the widening o.� S. R. AIA to three lanes from the Town of Indian River Shores south to Beachland Blvd. (S.R.60). Participation with Indian River Shores for widening AlA at County parcels approved. 2. Intersection Study: 27th Avenue (S.R.607) at 4th Street: Committee approved staff recndations to maintain existing STOP sign control. Traffic volumes and accident history is insufficient to warrant signalization at this time. 65 3. Intersection Study 41st Street at 43rd Avenue: Cannittee discussed staff report and recommendation ro install an aerial � ashinv, beacon. Staff was directed to report back at next month's meeting with add tional alternatives related to right-of-way and which intersection approach should stop. 4. Aerial Flashing Beacon at AlA and St. Edward's Upper Scc1001; Comnittee-approved installation of an aerial flashing beacon as requested by St. Edward's but did not provide a funding recommendation. Commissioner Scurlock noted that the committee felt a decision in regard to the basis for an assessment formula for participation in three laning of S.R. AlA was a policy decision for the Board of County Commissioners. Indian River Shores has estimated our participation at a $25,000 level. He continued that $15,000 would be our portion for the County owned land, and the remaining $10,000 would be raised by assessment. It was felt that no residential single family unit should be assessed more than $100.00. Administrator Wright stated that he would have staff work up these numbers. In regard to the installation of an aerial flashing beacon at''St. Edward's Upper School, Commissioner Scurlock noted that the DOT will not oppose this if the County doesn't, and the copamittee recommended not opposing it if the funds could be found by St. Edward's School to put it up, and we would maintain it. If additional money should be needed, the Public Works Director suggested that consideration might be given to participating on the standard 75/25 basis. ON MOTION by Commissioner Lyons, SECOND by Commissioner Scurlock, the Board unani- mously subscribed to the recendation of the Transportation Committee in connection with the St. Edward's Upper School aerial flashing beacon and authorized conveying this information to the school. T 66 MAR 16 1983 53 75 F, T� • x 53 na 76 REPORT - ANIMAL CONTROL COMMITTEE Commissioner Lyons reported that this is a very active and productive -committee and they expect to have at the next committee meeting a draft of an ordinance on which they have pretty well agreed. The proposed ordinance should come back to the Commission shortly after that. It has been learned that our Animal Control Officer did not have adequate facilities, and Administrator Wright has been requested to look into this. Commissioner Scurlock wished to know if the City of Vero Beach still has the pick-up vehicle they used to use for animal pickup, and the Administrator stated that he would check on this. The several bills and accounts against the County having been audited were examined and found to be correct were approved and warrants issued in settlement of same as follows: Treasury Fund Nos. 84922 - 8.5416 inclusive. Such bills and accounts being on file in the Office of the Clerk of the Circuit Court, the warrants so issued from the respective bonds being listed in the Supplemental Minute Book as provided by the rules of the Legislative Auditor, reference to such record and list so recorded being made a part of these Minutes. There being no further business, on Motion made, seconded and carried, the Board adjourned at 3:45o'clock P.M. Attest: 4 Clerk 67 r Chairman