HomeMy WebLinkAbout6/1/1983Wednesday, June 1, 1983
The Board of County Commissioners of Indian River
County, Florida met in Regular Session at the County Commis-
sion Chambers, 1840 25th Street, Vero Beach, Florida, on
Wednesday, June 1, 1983, at 8:30 o'clock A.M. Present were
Richard N. Bird, Chairman; Don C. Scurlock, Jr., Vice
Chairman; Margaret C. Bowman, and William C. Wodtke, Jr.
Commissioner Patrick B. Lyons was absent due to having jury
duty. Also present were Michael J. Wright, County Adminis-
trator; L.S. "Tommy" Thomas, Community Services Director;
Gary Brandenburg, Attorney to the Board of County Commis-
sioners; Jeffrey K. Barton, Finance Director; Barbara Bonnah
and Virginia Hargreaves, Deputy Clerks.
Michael J. WrighL, County Administrator, led the Pledge
of Allegiance to the Flag.
MINUTES
The Chairman asked if there were any additions or
corrections to the Minutes of the Regular Meeting of May 18,
1983. There were none.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Bowman, the
Board unanimously approved the Minutes
of the Regular Meeting of May 18, 1983.
as written.
JUN 1983 R3 ME
1
JUN 1 1983
531 PvA
Attorney Brandenburg, having been on the phone while
the above Minutes were approved, belatedly questioned the
wording on Page 31 of the Minutes.
ON MOTION by Commissioner Bowman,
SECONDED by Commissioner Scurlock,
the Board unanimously moved to
reconsider approval of the Minutes of
the Regular Meeting of May 18, 1983.
Attorney Brandenburg advised that the wording on Page
31, paragraph 5, should indicate that the County was to do
the line work to bring the water line across the street from
the Humane Society site and that the Humane Society has the
responsibility to bore and jack the road to bring the water
across.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Bowman, the
Board unanimously approved the Minutes
of.the Regular Meeting of May 18, 1983,
with correction to reflect the change as
pointed out by Attorney Brandenburg, " ...
that the County is responsible for bringing
the water -line only up to the Road & Bridge
complex and from that point on it is the
responsibility of the Humane Society to
bore and jack the road and do whatever else
is necessary to render services to their
property."
2
DELETIONS TO THE AGENDA
Administrator Wright asked at the applicant's request
that Item No. 14, Abandonment of 17th Street between 43rd
and 44th Avenues, be removed from today's Agenda.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Bowman, the
Board unanimously deleted the above item
from today's Agenda.
Attorney Brandenburg asked at the applicant's request
that Item No. 12-C, Humane Society Contract for Sale, be
deleted from today's Agenda. He added that the Humane
Society has not had an opportunity as yet to meet with their
attorney in regard to the final sales agreement.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Bowman, the
Board unanimously deleted the above item
from today's Agenda.
ADDITIONS TO THE AGENDA
Chairman Bird requested a brief discussion be added to
today's Agenda regarding the appointment of the
member -at -large on the Hutchinson Island Management Plan Ad
Hoc Study Committee, chaired by Commissioner Bowman. He
advised that a resume had been submitted by Jack Vickers and
he had received some verbal interest from former Planning
Director, Dave Rever,. in regard to the appointment.
Commissioner Bowman said they had already filled the seat on
the committee.
Chairman Bird asked, however, if a brief discussion on
the makeup of the Committee could be added to today's
Agenda.
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JUN 1 1983
453 ma 6214
JUN 1 1983 � ��� eaU'F
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Bowman, the
Board unanimously added the above item
to today's Agenda.
CLERK TO THE BOARD
A. Appeal of Pistol Permit Denial by Lawrence Ramsey
The Board reviewed the following memo dated 5/13/83:
TO: The Honorable Members of DATE: May 13, 1983 FILE:
the Board of County Commissioners
SUBJECT: GUN PERMIT APPEAL
FROM: Michael Wright REFERENCES:
County Administrator
Attached is a written request from Lawrence A. Ramsey
for a public hearing to appeal the recent dei:. -.a! of his
gun permit application.
Deleted, at Mr. Ramsey's request, is a paragraph that
is not pertinent to the appeal.
Also attached is a copy of the original permit appli-
cation.
Ifou need additional informat?on
y please advise.
Attorney Brandenburg stated that the proper appeal
.procedure today would be to let Mr. Ramsey give his side of
the story, and present any evidence, witnesses, or docu-
mentation to the Board that will, in his opinion, convince
J
the Board he should be entitled to a license. The Board
would then refer the matter to the Administrative staff
asking for additional information or their recommendation at
today's meeting.
4
Attorney Brandenburg advised Mr. Ramsey that the Board
members are allowed to ask questions as they relate to his
ability and qualifications to carry a concealed weapon and
in turn he will be allowed to ask questions of the people
who made the recommendation that his license be denied.
Mr. Ramsey addressed the Board and stated he had
written a letter to the Chairman of the Board of County
Commissioners explaining that he didn't make any deliberate
false statements on the application. He stated he was told
at the time of the arson business that it would not be on
his record.
In regard to the "nonsense" that took place in Daytona
Beach, Mr. Ramsey explained that his former wife had been
hospitalized on the Baker Act three different times due to
mental illness, and the charges up there all resulted from
that situation and relationship with his wife. He finally
divorced her and remarried. They assured him that it would
not be on his record because of the condition of his wife.
Administrator Wright explained that the recommendation
for denial was based on the background investigation of the
Sheriff's Office. In the application Mr.Ramsey stated that
he had never been arrested. The Sheriff's investigation
revealed to the contrary. That was the reason on which the
recommendation was based. Other than that, he met all the
criteria of the Ordinance. He is here today to explain why
he did not list those incidents on the original application.
Mr. Ramsey stated that he has had gun permits ever
since the middle 1960's and has had a permit here in Indian
River County for the last six years.
He stated the State Attorney's office told him that it
would not be on his record and that is why he did not
believe he made a false statement on his application.
Attorney Brandenburg asked Mr. Ramsey if the
authorities had told him the arrests -would not appear on his
5
JUN 1
JUN 1 1983 4, F.17
record, or that the convictions would not appear on his
record, and Mr. Ramsey stated he was confused at this point.
Commissioner Scurlock felt it was a question of mis-
understanding.
Mr. Ramsey stated that he didn't want this matter made
public, but now he has no choice but to inform the Board
that he has worked with the Sheriff's Dept. and the Police
Dept. in helping to make drug busts.
Commissioner Wodtke regretted the public revealment of
Mr. Ramsey's involvement with local law enforcement
agencies.
Discussion was held in regard to recommendation
procedures and it was noted that the Ordinance states that
the Sheriff's Office conducts the investigation and reports
any information available on the applicant that might affect
the eligibility for receiving a license. The Sheriff does
not make a recommendation for approval or denial.
Attorney Brandenburg stated that he had talked to the
Sheriff this morning on that topic and the Sheriff indicated
that in the future he will give the Board a written synopsis
from his office -of -the investigation that he has done as
opposed to supplying background information directly and
that procedure will become a part of the application
process. The synopsis will be forwarded along with each
permit request as a -matter of course.
Commissioner Wodtke asked Mr. Ramsey why he felt he
.needed a gun and Mr. Ramsey replied that certain people have
found out that he blew the whistle and now he needed a gun.
Administrator Wright noted that self defense is
sufficient reason to carry a gun. He has checked every
permit that.has come through and has sent back two because
they did not state it was for self defense; however, the
reason he recommended that Mr. Ramsey be denied a permit is
because of the false statement.
M
AM
Mr. Ramsey stated again that he did not deliberately
lie on the application.
It was determined that two motions would be needed; one
to reconsider the appeal and one to grant the permit.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Wodtke, the
Board unanimously agreed to reconsider
the gun permit denial.
Commissioner Scurlock asked Administrator Wright if he
had documented the fact that Mr. Ramsey has worked with the
Sheriff's Department and if he had, he thought the
Commission would grant a permit today.
Administrator Wright had not checked with the Sheriff's
Department on that matter and reiterated that the reason for
carrying a gun was not the issue here. The issue here was
whether or not there was a discrepancy in that there was a
false statement on the original gun permit application.
Chairman Bird noted that convictions did appear on the
record and based on the background information that they had
reviewed previous to this morning, he would have had a
difficult problem in voting for approval, but after finding
out just this morning that Mr. Ramsey has worked with the
Sheriff, then that might offset some of the incidents in his
background material.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Bowman, the
Board unanimously agredd to take no
action until the next meeting when
further information and a recom-
mendation has been received from
the Sheriff.
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JUN 1 1983
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JUN 1 1961Q 3
Chairman Bird asked Mr. Ramsey to be present at the
next Regular Meeting of June 15, 1983.
Commissioner Wodtke felt that it was a sticky situation
and he didn't feel that we could deny a person's
constitutional right by denying a gun permit for self
defense, but felt that the recommendation for approval or
denial should come from the Sheriff's Office after their
investigation is completed.
Chairman Bird said that this situation would be settled
at the next meeting.
PROCLAMATION - NATIONAL SAFE BOATING WEEK IN INDIAN RIVER
COUNTY - JUNE 5-11
Chairman Bird read the following proclamation
designating the week of June 5-11, 1983 as National Safe
Boating Week in Indian River County. He presented the
proclamation to Mr. & Mrs. Robert W. Hall, and Mr. William
Ryan, representing the Coast Guard Auxiliary and Mr. Francis
McGowan and Mr. Charles Yax of the Power Squadron.
Chairman Bird commended these organizations for the
great work they -are doing.
P R O C L A M A T I O N
DECLARING THE WEEK OF JUNE 51 1983
NATIONAL SAFE BOATING WEEK
IN INDIAN RIVER COUNTY
WHEREAS, more Americans each year are choosing recreational
boating as an ideal way to relax with their families and friends.
All too often, however, what starts out --as a pleasant cruise ends
in tragedy because boatmen fail to teach their families to swim;
fail to properly equip their craft with life preservers and other
protective devices; or fail to instruct their passengers on the
use of such devices prior to a boating cruise; and
WHEREAS, every year, about 1300 lives are lost in boating
accidents. These fatalities can be reduced and boating made more
pleasurable if those who engage in it will emphasize boating
safety rules; and
WHEREAS, the local Flotilla 5-6 of the United States Coast
Guard Auxiliary and the Vero Beach Squadron of the United States
Power Squadron are sponsoring this week in a joint effort to
promote safe boating; and
WHEREAS, recognizing the need for that emphasis, the,
Congress, by a joint resolution approved June 4, 1958 (72 Statue
1795has requested the Pres to proclaim the week oe
1983, as NATIONAL SAFE NG WEEK;
i
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the week of
June 5-11, 1983 be designated as
NATIONAL SAFE BOATING WEEN IN INDIAN RIVER COUNTY
and urge all who use our waterways to acquire those skills
essential to their own safety and that of others and to apply
them carefully.
IN WITNESS, WHEREOF, I have hereunto set my hand this 1st
day of June, in the year of our Lord nineteen hundred and
eighty-three.
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
BY
ATTEST
= � � Vis_•- ,/n 'i�r
Freda Wright, Clerk
B. Approval of Budget Amendment re Unemployment Compensation
The Board reviewed the following memo dated 5/11/83:
To: Board of County Commissioners
rom: Jeffrey K. Barton, Finance Director
Subject: Unemployment Compensation
May 11, 1983
The following budget amendments are needed to pay unemployment compensation
for the quarter ending Mar -31, 1983.(see attached)
Account Title
Unemployment Comp.
Unemployment Comp.
Unemployment Comp.
Reserve for Cont.
Reserve for Cont -
Balance in Contingency
Account No.
001-216-519-12.15
001-210-572-12.15
004-214-541-12.15
001-199-513-99.91
004-199-513-99.91
001-199-513-99.91 $233,546.00
004-199-513-99.91 $221,233.00
7
Increase Decrease
7
18
93
25
93
JUN 1 1983 a�oK3 qac R I O
JUN 1 1993 b'�oK �� 631
;,,
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Wodtke, the
Board unanimously approved the above budget
amendment, as recommended by Finance Director
Barton.
C. Approval of Budget Amendment re State Attorney Computer
Funding
The Board reviewed the following memo dated 5/11/83:
May 12, 1983
To: Board of County Commissioners
c0 From: Jeffrey K. Barton, Finance Director
Subject: State Attorney Computer Funding
The following budget amendment is needed to correctly allocate the funds
needed to pay Indian River County's pro -rated share of the complete cost
of the installation.
Account Title Account No. Increase Decrease
Other Mach & Equip 001-903-516-66.49 8,320
Reserve for Cont. 001-199-513-99.91 8,320
Balance in Contingencies
As of 4/30/83 $233,546.00
ON MOTION by Commissioner -Scurlock,
SECONDED by Commissioner Bowman, the
Board unanimously approved the above
budget amendment, as recommended by
Finance Director Barton.
10
D. Approval of Duplicate Tax Sale Certificates
Sadie Gunder
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Bowman, the
Board unanimously approved Duplicate
Tax Sale Certificates No. 29 and No. 30
both in -the amount of $6.12, for Sadie
Gunder, surviving spouse of John Gunder.
E. Approval of Renewal Applications for a Permit to Carry a
Concealed Firearm
The Board reviewed the following memo dated 5/24/83:
TO: The Honorable Members of DATE: May 24, 1983 FILE:
the Board of County Commissioners
SUBJECT: PISTOL FERMITS
FROM: Michael Wright REFERENCES:
County Administrator
In a memorandum from Freda Wright, Clerk of Court,
dated May 6, 1983, the following names were submitted
for pistol permit renewals:
Gerald Leroy Steele
Edwin S. Schmucker
Fred W. Morgan
Pasquale A. Bottino
Arthur A. Perruzzi
All requirements of Ordinance 82-27 which was adopted
November 3, 1982 have been met and are in order.
It is recommended pistol permits for the above indi-
viduals be renewed.
In a memorandum dated May 18th, the following three
names were submitted for pistol permit renewals:
Joseph Hunter Smith, M.D.
Gary Harmon Eaton
Arthur C. Myers
Also submitted were two individuals applying for pistol
permits (new):
James Anthonv Malatino
James T. Hanna
All requirements of Ordinance 82-27 have been met and
are in order. It is recommended pistol permit renewals and
new pistol permits be issued to the above.
19836.o c PAGE 6�
JUS 1 J
JUN 1 1983 Fv 633 ,
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Wodtke, the
Board unanimously approved renewal
pistol permits for the following
persons:
Gerald Leroy Steele
Edwin S. Schmucker
Fred W. Morgan
Pasquale A. Bottino
Arthur A. Perruzzi
Joseph Hunter Smith, M.D.
Gary Harmon Eaton
Arthur C. Myers
F. Approval of New Applications for a Permit to Carry a
Concealed Firearm
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Wodtke, the
Board unanimously approved the issuance
of.pistol permits for the following
persons:
James Anthony Malatino
James T. Hanna
CONSENT AGENDA
Commissioner Scurlock asked that Item C be removed from
the Consent Agenda at this time.
A. Approval of Deputies as Appointed by Sheriff Dobeck
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Wodtke, the
Board unanimously approved the Chairman's
12
signature for the following deputies
appointed by Sheriff Dobeck:
Alfred J. Bassani, Jr.
John D. Fitzgerald
Richard L. St. Clair
Robin D. Goodman
Allen Lee Elliott
Richard T. Vidiri
B. Acceptance of Inspection Report - Indian River County
Jail
ON MOTION by.Commissioner Scurlock,
SECONDED by Commissioner Wodtke, the
Board unanimously received the Inspection
Report dated 3/31/83 of the Indian River
County Jail.
(Complete inspection report on file in Clerk's Office)
C. Authorization of Deed of Easement from IRC'to the Cit
of Vero Beach- Pebble Beach Development
Commissioner Scurlock explained that he asked this item
be removed from the Consent Agenda because there was
basically no backup material provided. He asked if Public
Works Director Jim Davis had reviewed and approved this
particular item. Attorney Brandenburg advised that Director
Davis did not have much to do with this easement except for
cutting out the survey of the area we are deeding over to
the city. He reported that Utilities Director Pinto has
reviewed it and has modified it to be a smaller easement.
He advised that we have done the easement and the City has
agreed to it.
V 13
JUN 1 1983 53
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JUN 1 1993 , 53 �4�r .
Commissioner Scurlock felt there might be a tendency on
the Consent Agenda to leave out too much backup material and
asked that adequate information be provided in the future.
Attorney Brandenburg advised that the easement is
written so that at anytime should the City not require that
easement, then it automatically reverts to the County.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Bowman, the
Board unanimously authorized for signature
of the Chairman, the following Deed of
Easement from Indian River County to the
City of Vero Beach.
DEED OF EASEMENT 1.11
THIS DEED OF EASEMENT made this qday of ci ,
1983, by Indian River County, a political subdivision of the State
of Florida, party of the first part, and the City of Vero Beach, a
municipal corporation of the State of Florida, party of the second
part.
WITNESSETH•
That the said party of the first part, for and in
consideration of the sum -of ONE DOLLAR ($1.00) and other valuable
consideration in hand paid by the party of the second part, the
receipt whereof is hereby acknowledged, hereby grants, unto the
said party of the second part, and its successors and assigns
hereof forever, subject to termination as set forth herein, an
easement for the location, relocation, and maintenance of a
sewerage system pump station, under, over, across, and upon the
following described property located in Indian River County,
Florida, to -wit:
14
M M
That portion of the following described land lying in
the South 1/2 of Government Lot 9 and Government Lot 10,
Section 19 Township 32 South, Range 40 East, beginning
at the Southwesterly corner of Pebble Beach Development
2 according to plat filed in Plat Book 7 PP 83A Public
Record of said Indian River County and running thence
North 89°53'24" East, 38.02 feet along the South
boundary of said Pebble Beach Development 2; thence run
South 17`54'12" East parallel to the Easterly R/W of
State Road AlA, 44.12 feet; thence run South 72005'48"
West, 35.20 feet to the Easterly R/W of State Road AlA;
thence run North 17°54112" West, 55.74 feet to the point
of beginning.
TO HAVE AND TO HOLD the same together with all rights
thereunto belonging, and all the estates, right, title, interest,
lien, equity and claim whatsoever of the said party of the first
part, either in law or equity to the only proper use and benefit
of the party of the second part, its successors and assigns
forever, as.long as the same is used by the party of the second
part for the purposes of this conveyance, provided further that
this easement shall terminate if the party of the second part
abandons the use of the pump station for which this easement is
granted.
IN WITNESS WHEREOF, the said party of the first part
have hereunto set their hands and seals the day and year first
above written.
Signed, sealed and delivered
in the presence of:
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
INDIAN RIVER COUNTY BY ITS
BOARD OF _,qOMMISSIgNM
By:
RI HARD N. BIRD
Chairman
Attest:_( lV
FREDA WRIGHT, Cl rk
I HEREBY CERTIFY, that on this day, before me, an
officer duly authorized in the State and County aforesaid, to take
acknowledgments, personally appeared RICHARD N. BIRD and FREDA
WRIGHT, as Chairman of the Board of County Commissioners and Clerk
to the Board, respectively, to me well known to be the persons
described in and who executed the foregoing instrument and who
acknowledged before me that they executed the same.
WITNESS my hand and official se in the County and
State last aforesaid this day of 1983.
Notary Pu is
JUN 1 1993
15 to -ow 53
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D. Approval of Site Plan Extension - K. D. Hedin
The Board reviewed the following memo dated 5/18/83:
TO: The Honorable Members DATE:May 18, 1983 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE: REQUEST FOR SITE
SUBJECT: PLAN EXTENSION FROM
K. D. HEDIN
Patrick Bruce XZnof, AICP
FROM:Mary Jane V.rGoetzfried, REFERENCES:
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting on June 1, 1983.
DESCRIPTION & CONDITIONS
On May 13, 1982, the Planning and Zoning Commission approved the
site plan application submitted by John Schlitt on behalf of
Karl Hedin to construct a building materials sales and service
facility. The subject property is located on the west side of
Old Dixie Highway just north of 10th Lane.
At this time the applicant is requesting a 6 month extension of
site plan approval to allow for the finalization of financial
arrangements.
ALTERNATIVES & ANALYSIS
Site plan approval terminates after one year if construction of
the approved plan has not begun. Extensions may be granted by
the Board of County Commissioners at their discretion.
RECOMMENDATION
Staff recommends approval of the request for a 6 month extension
of site plan approval.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Wodtke, the
Board unanimously approved the request
for a 6 -month extension of site plan
approval for K. D. Hedin, as recommended
by staff.
16
TRAFFIC SIGNAL MAINTENANCE AND OPERATION ORDER #3-83;
U.S. 1 at C-512
The Board reviewed the following memo dated 5/24/83:
TO: HONORABLE MEMBERS OF THE BOARD DATE. May 24, 1983 FILE:
Of COUNTY COMMISSIONERS
THRU: Michael Wright,
County Administrator
James W. Davis, P
Public Works Director
FROM: Michael L. Orr ' /\;&,
Traffic Engineer
SUBJECT: Traffic Signal Maintenance and Operation
Order #3-83; U.S, 1 at C-512
REFERENCES:
This is in response to a request from the Florida Department of Transportation to sign
the subject document prior to the start of the traffic signal design phase and funding
committment. -
DESCRIPTION AND CONDITIONS
X traffic engineering study of the intersection of U.S. 1 and County Road 512 was con-
ducted during January 1983 as petitioned by the City of.Sebastian and assigned by the
Transportation Planning Committee. The study recommended signalizing the subject in-
tersection due to significant traffic volume, which was subsequently approved by the
Transportation Planning Committee in February, 1983 and submitted to the F.D. O.T.
for approval.
ALTERNATIVES AND ANALYSIS
A. Approve installation of a traffic signal at U.S. 1 and C.R. 512 and
assume maintenance responsibilities.
B. Deny installation of a traffic signal at U.S. 1 and C.R. 512.
FUNDING AND RECOMMENDATION
The F.D.O.7. concurred with the study performed by the County and has scheduled install-
ation of the traffic signal during FY 84-85 with 100% state funding.
It is recommended to approve the installation of a traffic signal at the subject inter-
section using State funding by signing Traffic Signal Maintenance and Operation Order
#3-83 which commits the County to maintain the traffic signal after installation by
the F.D.O.T.
ON MOTION by Commissioner Wodtke,
SECONDED by Commissioner Scurlock, the
Board unanimously authorized for
signature by the Chairman the Traffic
Signal Maintenance and Operation Order
#3-83, as recommended by staff.
17
L JUN 1 1983
x .3 1
JUN 1
A.
Page 1 of
State of Florida Department of Transportation
TRAFFIC SIGNAL MAINTENANCE & OPERATION
ORDER NO. 3-83
D.O.T. DISTRICT 4
PUBLIC BODY (MAINTAINING AGENCY)
Indian River Countv
COUNTY Indian River
B. 1. All signalized intersections -and signal systems covered
by this order are referenced to an agreement of record
dated - July 21, 1980 between the Department and
Public Bo2y and no supe amental agreement is required.
2. The Public Body is hereby authorized and requested to
undertake the maintenance and operation of one (1)
signalized intersections on the State Highway ystem as
listed in part C of this order. The following previous-
ly numbered and dated orders shall remain in effect and
are not altered by this order.
C. Identification of Type of Equipment and Installations to
be Maintained.
(PART C IS ATTACHED)
D. Approvals `
ACKNOWLEDGED
AND APPROVED: APPROVED:
Date Date
Traffic Engineer Agent District Traffic Operations
Public Body Engineer
Richard N. Bird, Chairman .,
Board of County Commiss overs
Of Indian River County, Florida
Adopted 6/1/83 /
17a
f'
I
PART C.
Section
Number
Street Names
Pre -micro-
Timed
Nctuated
Processo
Other
Inter -
Connected
SR -5 (U.S.1) at
8801fl
C-512 (Fellsmere Road)
ROAD DEDICATION - 6TH AVE. S.W. EXTENSION - VERO BEACH
HIGHLANDS
The Board reviewed the following memo dated 5/24/83:
TO: The Honorable Members of the DATE: y 24, 1983 FILE:
Board of County Commissioners
THRU: Michael Wright,
County Administrator* SUBJECT: Road Dedication -
6th Avenue S.W. Extension
Vero Beach Highlands
FROM: James W. Davis, P.REFERENCES:
Public Works Director v�
DESCRIPTION AND CONDITIONS
Attached are the Road Dedication documents submitted by General Development
Corporation for acceptance of maintenance by the County. The road was completed
April 16, 1982 as part of the General Development Corporation Recreation Center
amenity, and included on the site plan approval.
The Public Works Division has inspected the road, and is of the opinion that
it meets County Standards. A photograph of the finished road is on file in
the Public Works Division office.
ALTERNATIVES AND ANALYSIS
Since the road links other County roads in the Vero Highlands area, staff
recommends acceptance.
RECOMMFMATION AND FUNDING
It is recommended that the Board of County Commissioners approve execution of
acceptance and authorize the County Attorney to record the document.
No funding is to be considered.
53 FAY640
JUN 1 1983
�� b " 53 F,�T
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Wodtke, the
Board unanimously approved execution of
acceptance and authorized the County
Attorney to record the document, as
recommended by staff.
CHANGE ORDERS #1 - SOUTH BEACH WATER SYSTEM IMPROVEMENTS -
PHASE I
The Board reviewed the following memo dated 5/12/83:
TO: The Honorable Members of the DATE: 4 12, 1983 FILE:
Board of County Commissioners
THROUGH: Michael Wright
County Administrator
SUBJECT: CHANGE ORDERS FOR SOUTH BEACH
WATER SYSTEM IMPROVEMENTS -PHASE I
i
�Gr'anJ'teC�G. Pin o
FROM: REFERENCES:
Utility Services Director
DESCRIPTION AND CONDITIONS:
Change Order No. 1
(1) The original plans and specifications called for the installation of electrical
service to the water booster station and elevated tank to be overhead.
We have been informed by Mr. John Robbins, P. E., of Sverdrup & Parcel that it is re-
quired by the City of Vero Beach Utilities Department that the service be installed under-
ground which necessitates a change in our contract and an increase in cost of $17,728.00
(seventeen hundrea twenty-eight dollars and no cents).
(2) The deletion of chlorination system is due to the Department of Environmental Regulation
informing us that the addition of chlorine at this point in the system is not desired so
therefore we ask that it be removed from the contract. This will decrease contract
$2,750.00 (twenty-seven hundred fifty dollars and no cents).
(3) Deletion of painting the interior of ground storage tank will decrease contract
$4,750.00 (forty-seven hundred and fifty dollars and no cents). We feel it is an un-
necessary expense and ask that it be deleted from the contract.
(4) The original contract provides for -the installation of hydraulically actuated check
valves which we feel are not necessary and that a silent check valve would be more practi-
cable for this. application. This will result in a decrease of $8,000 (eight thousand
dollars and no cents) in our contract.
With the addition of item #1 and the deletion of items #2, 3 and 4, this will represent
an increase in the contract of $2,228.00 (two thousand twenty-eight dollars and no cents)
for Change Order No..l.
19
� � r
Change Order No. 2
This change order•is for the extension of water service the°full length of St. Christopher
Lane and Sea Turtle Lane for a total cost of $10,800.00 (ten thousand eight hundred
dollars and no cents). This amount of money will be paid for in full by those residing
on the lanes who have previously paid impact fees. There will also be an agreement entered
into between the County and those connecting now that if and when others are permitted
to connect to those lines some proportional reimbursement will be made to the customers
who originally connected.
R ECC' -N EVDATI0% :
14e recommend approval of the two change orders and recommend the Chairman be authorized
to sign same.
Administrator Wright recommended approval of Item 1 of
Change Order #1 for $17,728.00, noting that the remaining
items on the Change Order, as well as Change Order #2, had
been approved at the last meeting.
MOTION WAS MADE by Commissioner Scurlock,
SECONDED by Commissioner Bowman, that the
Board approve Item 1 Change Order #1 for
South Beach Water System Improvements -
Phase I, in the amount of $17,728.
In discussion, Commissioner Scurlock asked if there had
been any followup with the City of Vero Beach to see if
there were options available other than going underground
with the utilities, and Administrator Wright explained that
the change order was according to the City's instructions
and recommendations, and there had not been any further
negotiations on options. He stated that we have to rely on
our consulting engineer and this was his recommendation. It
was also the recommendation of Utilities Director Pinto that
it be accepted.
Commissioner Scurlock felt $17,000 was a large amount
of money for burying lines instead of going overhead in just
this one spot.
20
SUN 1 13 imi 53, nct 642 _J
r
Chairman Bird felt that since all the utilities in this
area are underground, he would hate fiar us to be the only one to
be inconsistent with the area.
The Chairman CALLED FOR THE QUESTION.
The Motion was voted on and carried
unanimously.
SECTION M
CONTP.ACT CHANGE ORDER FORM
Contract No. Date
Change Order No. 1 Location Indian River County, Florida
To: (Contractor) __Ortega Industrial Contractors
You are hereby requested to comply with. the fallowing changes from the contract drawings & specifications:
Item
No.
Description of Changes - Quantities, Units, Unit Prices,
Change in Completion Schedule, Etc.
Decrease in
Contract Price
Increase in
Contract Price
1
2
3
4
(1)
Provide and install underground electrical service
to the Potable Water Booster Station, the Fire
Booster Station and the existing Elevated Tank
$17,728.00
(2)
Delete the chlorination system
$ 2,750.00
(3)
Delete interior painting of ground storage tank
4,750.00
(4)
Provide and install silent check valves in lieu of
all hydraulically actuated and lever & weight check
valves
8,000.00
Change in contract price due to this Change Order:
'
Total Decrease
Total Increase
Difference between Col. (3) and (4):
Net (increase) W= ) contract price
xxxxxxxxxxx
S17,728.00
S 2,228.00
2,228.00
S' 15 500.00
xxxxxxxxxxx
S
S IS
The sum of S 2,228.00 is hereby added to, dffuVtU fkorh, the total contract price, and
the total adjusted contract price to date thereby is S 662,666.00
The time provided for completion in the contract is unchanged, imetixod, d1farM6d, by -0-
calendar days. This document shall become an amendment to the contract and all provisions of the
contract will apply hereto. 1)
Accepted by.
Recommended t
Requested by:
NOTE: Work performed under this change order prior to
risk.
21
9-i2-63
Dau
D,«
uc
Owner's concurrence is at the Contractor's
ATTACHMENT "A"
JUSTIFICATION OF CHANGE ORDER NO. 1
South Beach Water System
Improvements - Phase I
Indian River County, Florida
ITEM 1 - Electrical Modifications
In order to provide electrical power to the Potable Water Booster Station,
Fire Booster Station and existing Elevated Tank, it is necessary to
construct electrical lines underground from power poles along AlA to
transformer pads located at the structures and from there to specific
motor control centers. The intent of the original construction drawings
and specifications required the electrical service to be supplied over-
head. The change is warranted due to the requirements of the City of
Vero Beach's Electrical Engineering Department. The Vero Beach Electrical
Department will be supplying power to all major electrical components.
See Attachment "B" for a breakdown of the estimated quantities.
ITEM 2 - Chlorination System --
The Department of Environmental Regulation has requested the removal' of the
chlorination system while the system is under use by the City of Vero Beach..
This request is made to prevent the potential formation of trihalomethanes
in the water distribution system.
ITEM 3 - Painting of Ground Storage Tank
The painting schedule in the contract documents required the painting of
the interior of the ground storage tank. It has been determined that the
painting of the interior of the tank is not required and therefore can be
deleted.
ITEM 4 - Silent Check Valve Installation
At the suggestion of Indian River County, a deduct item for the use of
silent check valves was incorporated into the bid schedule of the South
Beach project. This deduct item includes the substitution of all hydrau-
lically actuated and lever & weight check valves with silent checks.
These valves should offer a more maintenance free operation.
HEALTH INSURANCE
The Board reviewed the following memo dated 5/24/83:
22
JUN 1 1983 PAGE"
L
JUN 1 1983 to
TO: The Honorable Members of DATE: May 24, 1983 FILE:
the Board of County Commissioners
SUBJECT: HEALTH INSURANCE
FROM: Michael Wright REFERENCES:
County Administrator
Aetna Life and Casualty has indicated that a 77 per cent
rate increase can be expected in the County's health insurance
plan.
Current premiums exceed $400,000 and included in the group
are employees of the Board of County Commissioners, Clerk of the
Court, South County Fire District, Mosquito Control and Property
Appraiser.
are:
In light of the current financial times, the -recommendations
1) Re -bid the insurance at existing coverage with an
alternate bid for reduced coverage.
2) Coordinate the proposed reduced coverage with repre-
sentatives of the various groups.
3) Receive bids -for optional life insurance.
Administrator Wright stressed the need to restructure
the employee health 'insurance plan as the 77% increase by
Aetna would result in $700,00.0 in health insurance premiums
next year. He felt the increase was a bit excessive and
would like to recommend that we re -bid it at the existing
coverage with an alternate bid for reduced coverage; bid for
optional life insurance; and that we coordinate the proposed
reduced coverage with representatives of the various groups,
which includes the South County Fire District.
MOTION WAS MADE by Commissioner Scurlock,
SECONDED by Commissioner Bowman, that the
23
Board approve the recommendation of the
County Administrator and authorize staff to
take appropriate action and bid out
insurance premiums annually.
Under discussion Commissioner Scurlock suggested that
the Board should address the issue of possible participation
in the family policy by the employee. The County offers an
extensive family policy, and he felt that the employees
should be advised just what their fringe benefit package is
costing the County, and appreciate the fact that paid health
insurance premiums amount to approximately $40 a week.
Finance Director Barton informed the Board that the
average -monthly cost of medical coverage is $115 a month per
employee, which also includes $5,000 life insurance.
Administrator Wright felt that a higher deductible
should be considered when restructuring the health insurance
plan.
Commissioner Scurlock recommended that the County go
out for bids on insurance every year in order to keep the
figures competitive.
The Chairman CALLED FOR THE QUESTION.
The Motion was voted on and carried
unanimously.
DISCUSSION - LOCAL GOVERNMENT LIABILITY UNDER 42USC
The Board reviewed the following letter dated 5/3/83:
24
JUN 1 1983
B90K U3 Wt WD'
�A'1K e.5
*•'�!i C Q AUR PAR44DIlCOIW94 PA&.kC-�d-BIIDA 32789
c'rr e; yof*� tip" Community Dev.
w utilities 130�6ad•9860
Finance
OFFICE Other
OF THE
CITY MANAGER May 3, 1983
TO: Mayors/City Managers - State of Florida
County Commission Chairmen/County Administrators - State of
Florida
FROM: David T. Harden, City. Manager/?/`
SUBJECT: Local government liability under /42 USC, Section 1983
The City of Winter Park urges your support for passage of Senate
Bill 141. Passage of this bill would amend Title 42 U.S. Code,
Sections 1983 and 1988, to allow local governments to raise good
faith as a defense against alleged violation of constitutional rights.
The City of Winter Park is currently involved in a case where the
jury at the Federal District Court level has awarded a plaintiff more
than $300,000 in damages. This particular case has been in the federal
courts since 1975. The constitutional rights the City is alleged to
have violated were not clearly established until several years after
the events which led to the law suit. As a matter of fairness, to hold
a municipality liable for violating a constitutional right that didn't
exist at the time of the alleged violation is almost like allowing the
federal judiciary to pass ex post facto laws with which to punish a
local government for behavior it had no way of knowing was constitutionally
"wrong". Enclosed is a resolution urging passage of Senate Bill 141,
together with a copy of the bill and an article from the National Institute
of Municipal Law Officials discussing the background of this legislation.
The bill is scheduled for hearings before the Subcommittee on the Constitution
on May 12.
This matter should be of vital concern- to all local governments throughout
the state of Florida and the entire nation. Your assistance in supporting
this legislation will be greatly appreciated. It will relieve local tax-
payers of substantive unwarranted liability and would not in -any way de-
prive plaintiffs of their rights.
Thank you for your support. Please let me know if you need any additional
information from us.
dth/a
cc: Senator Paula Hawkins
Senator Lawton M. Chiles
Representative William McCollum
Florida League of Cities
Attorney Brandenburg explained that the City of Winter
Park, Florida is requesting the support of Indian River
County in urging Congress to change certain portions of
25
Section 1983 of the United States Code which would supply
counties and county commissioners with a good faith defense
to a 1983 liability action, as well as limiting the awarding
of attorney fees as part of the remedy in those actions.
Attorney Brandenburg advised that there would be no
cost to the County; that they are really requesting, more or
less, a resolution by this Board to write our congressmen
asking them to support changing this bill.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Wodtke, the
Board unanimously authorized the County
Attorney to draft a resolution�as
discussed above to be presented at
the next meeting.
ADOPTION OF RESOLUTION 83-40 - ACQUISITION OF RIGHT-OF-WAY
FOR 16TH STREET IMPROVEMENT PROJECT
MOTION WAS MADE by Commissioner Scurlock,
SECONDED by Commissioner Bowman, that the
Board adopt Resolution 83-40 for the
acquisition of certain parcels of property
for right-of-way purposes for the 16th St.
roadway improvement project.
Attorney .Brandenburg noted that the Board had approved
the Public Works Department recommendation to delete a
10 -ft. wide path down there and change it to a smaller size
path, eliminating the need to acquire 10 feet. The County
will now only have to acquire 5 feet from 24 parcels and
also a little bit more around some of the corner parcels.
26
JUN 1 1983 690K 3 Act �
5 PACE .
Attorney Brandenburg advised that the resolution
includes all the property needed for the project.
The Chairman CALLED FOR THE QUESTION.
The Motion was voted on and carried
unanimously.
27
RESOLUTION NO. 63- 40
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA DECLARING THE
ACQUISITION OF CERTAIN PARCELS OF PROPERTY FOR
RIGHT-OF-WAY PURPOSES FOR THE 16TH STREET ROADWAY
IMPROVEMENT PROJECT IN INDIAN RIVER COUNTY, TO BE
A PUBLIC NECESSITY AND AUTHORIZING THE EMPLOYMENT
OF APPRAISERS, NEGOTIATION FOR ACQUISITION AND THE
FILING OF EMINENT DOMAIN PROCEEDINGS.
WHEREAS, the County road known as 16th Street is an
important east -west secondary collector in the Indian River County
Thoroughfare Plan, and
WHEREAS, current traffic levels on the roadway necessi-
tate a program of improvements to accommodate increased vehicular
and pedestrian traffic flow, and
WHEREAS, the Board -of County Commissioners has previ-
ously through competitive negotiation hired an engineering firm to
provide professional engineering services with respect to the
project, and
WHEREAS, the consulting engineers have advised Indian
River County that to accomplish an effective improvement program
it will be necessary to expand the existing right-of-way, and
WHEREAS, the consulting engineers have identified the
parcels that are necessary to acquire which are attached hereto
and incorporated herein by reference as Exhibit "A" to this reso-
lution, and
WHEREAS, the acquisition of the additional right-of-way
is the most feasible means of solving the vehicular and pedestrian
transportation problem currently existing on 16th Street and is,
therefore, a public necessity and the acquisition of such land is
necessary and essential to the best interests of Indian River
County, and
WHEREAS, in order to accomplish acquisition of this real
property it is necessary for the County Engineer and County
Attorney to take legal action, employ real estate appraisers,
negotiate for the purchase of said land, and to take any and all
other action necessary to acquire the property.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
OBJ ?ACC 65.0
JUIN 1 1983
JUN 1 1933
fied.
K 5-�4
1. The foregoing recitals are hereby adopted and rati-
2. The County Attorney is authorized and directed to
employ expert real estate appraisers for the purpose of securing
appraisals of the value of the property described in Exhibit "A"
attached hereto for the purpose of acquiring said needed real
property.
3. The County Attorney is hereby authorized and
directed to proceed to take the necessary steps for Indian River
County to acquire in its own name by donation, purchase or eminent
domain proceedings, the real property described in Exhibit "A" and
to have prepared in the name of Indian River County all papers,
pleadings and other instruments required for those purposes and
to follow through and see that all eminent domain proceedings are
prosecuted to judgment.
4. The County Attorney and County Engineer are hereby
authorized and directed to take such further action as is reason-
ably required to fully accomplish the purposes set forth herein.
5. The property acquired pursuant to this resolution
shall be used for the public purpose of providing a vehicular and
pedestrian transportation system along the 16th Street corridor.
The foregoing resolution was offered by Commissioner
Scurlock who moved its adoption.. The motion was seconded
by Commissioner Bowman 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 Margaret C. Bowman Aye
Commissioner Patrick B. Lyons= Absent
Commissioner William C. Wodtke, Jr. Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 1st day of June , 1983.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN IVER NTY, F D
Attest:`LEC�z_- �c- By
FREDA WRIGHT; Cloirk RICHARD N. BIRD
Chairman
.APPROVED AS TO FORM
AND LEGAL SUFF'TCIXNC7
By ` r
GARY )I. BRANDENBUR County Attorney
(EXHIBIT "A" IS ON FILE IN THE OFFICE OF THE CLERK)
- n I I I c n n
APPROVAL OF SITE PLAN EXTENSION - VILLAGE GREEN SOUTH
The Board reviewed the following memo dated 5/24/83:
TO: DATE: FILE:
The Honorable Members May 24, 1983
of the Board of
County Commissioners
DIVISION HEAD CONCURRENCE:
• SUBJECT: REQUEST FOR SITE PLAN
APPROVAL EXTENSION FROM
Patrick Bruce King® ICP FLORIDA ATLANTIC ASSOC.
FROM: REFERENCES: -
/ Mary Jane V.Goetzfried
J Staff Planner
C
It is requested that the data herein presented be given formal
consideration by the Planning and Zoning Commission at their
regular meeting on June 1, 1983.
DESCRIPTION & CONDITIONS
On May 18, 1983, the Board of County Commissioners reviewed the
feasibility of extending the site plan approval of Village Green
South granted by the Planning and Zoning Commission on May 27,
1982. At the recent meeting the Board expressed concern over
Florida Atlantic Associates fulfillment of assurances made by
the Development Order for Village Green South and West, which
was issued by the Commission in August of 1981. Specifically,
the dedication of a one-half acre site for the purpose of
constructing a fire station and the donation of $40,000 to be
utilized for civil defense purposes. —
29
JUN 1 1983
KOK � PAG€ 652
I
JUN 1 1983
1
ANALYSIS
son 53 651
The applicant has agreed to make the aforementioned donations
subsequent to the approval.of the request for a one year
extension of site plan approval for Village Green South (see
attachments 1 and 2).
Once the donations have been received by th'e County the process
shall be complete and a zoning permit, which will allow the
commencement of construction, may be issued.
RECOMMENDATION
Staff recommends approval of the request for a one year
extension of the site plan approval for Village Green South.
Bruce King; Community Development Director, explained
that subsequent to the last meeting from which this item was
tabled, they had received two letters from officials of
Village Green stating that the 1/2 acre site will be deeded
to the County for the purpose of constructing a fire station
and a donation of $40,000 to be utilized for civil defense
purposes will be made upon approval of the site plan
request.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Bowman, the
Board unanimously approved a site plan
extension of one year for Village Green o
South, as recommended by staff, contingent
upon the corporation supplying the sums
and the land as indicated in their corres-
pondence to the County within the next two
week period.
FINAL PLAT APPROVAL OF SEAGROVE SOUTH - UNIT II SUBDIVISON
The Board reviewed the following memo dated 5/25/83:
77
30
11
TO: DATE: FILE:
The Honorable Members May 25, 1983
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE:
SUBJECT: FINAL PLAT APPROVAL OF
r• , ',�-�e + le SEAGROVE SOUTH - UNIT II
atrick Bruce King,/AICP SUBDIVISION -
FROM:
REFERENCES:
Clare Z. Poupard WORK02
P annex I
It is requested that the information presented herein be given
formal consideration by the Board of County Commissioners at
their meeting on June 1, 1983.
DESCRIPTION & CONDITIONS
Preliminary plat approval of Seagrove South Subdivision was
granted on August ll, 1982. The 67 lot subdivision is bounded
by the Atlantic Ocean on the east, State Road A -1-A on the west
and Seagrove Subdivision on the north. The land to the south of
the subdivision is unplatted. The zoning of the proposed
subdivision is R-lA, Single -Family Residential (4 dwelling
units/acre allowable building density) and has a LD -1,
Low -Density Residential (maximum 3 dwelling units/acre allowable
building density) land use designation.
ALTERNATIVES & ANALYSIS
The development has been divided into two phases. Unit I is
comprised of 32 lots and Unit II is comprised of 35 lots.
Unit I of the proposed subdivision received final plat approval
on December 15, 1983. This approval was subject to the
condition that the applicant sign a contract binding him to
complete all the improvements as they were shown on the
construction drawings which had been submitted to the County.
This has subsequently been done.
The applicant is now requesting final approval for Unit II of
the subdivision.
Construction on the site has been completed, with two
exceptions. The City of Vero Beach has not completed
installation of all utilities, consequently, grass seeding and
the laying of sod have not been completed by the developer. The
County Engineer has estimated that $60,000 would be a sufficient
amount to guarantee the cost of construction of these
improvements. The applicant and bank have agreed to amend the
original letter of credit which was issued to guarantee the
construction of improvements for Unit I to include this $60,000.
Documents supporting the City of Vero Beach's agreement to
supply all utilities to the development have been attached to
this recommendation.
All other staff recommended revisions have been made by the
applicant.
31 - bps 153 1 mu .65
JUN 1 1983
JUN 1 1983
RECOMMENDATION
89M. 53- FAr.;F 655
Staff recommends that final plat approval be granted to Seagrove
South - Unit II, subject to the condition that the original
contract between the applicant and County for construction of
improvements in Seagrove South Subdivision - Unit I, be amended
to include the completion of construction of improvements in
Unit II.
Bruce King, Community Development Director, explained
that construction of the site has been completed with the
exception of the installation of utilities, grass seeding,
and the laying of sod. The applicant has agreed to amend
their original Letter of Credit to include the $60,000
estimate by the County Engineer for the construction costs
involved in the exceptions.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Wodtke, the
Board unanimously granted final plat
approval for Seagrove South - Unit II
Subdivision, as recommended by staff.
APPOINTMENT TO MOBILE HOME ADVISORY BOARD
The Board reviewed the following memo dated 5/24/83:
TO: Board of County DATE: May 24, 1983 FILE: Agenda 6/1/83
Commissioners
SUBJECT: Appointment to Mobile
Home Advisory Board
FROM: Alice White REFERENCES: Resume from
John Brondell
Ranchland Mobile Home Park
Bernard Covington has residned from the Mobile Home Advisory
Board. He was an owner/manager representative on the Board,
and his term would have expired in March, 1984.
7o date, we have received one resume. Mr. John Brondell,
co-owner of Ranchland Mobile Home Park has requested
consideration of his application to fill the vacancy.created
by Mr. Covington's resignation. Mr. Brondell has attended
many of the Committee meetings as an interested citizen, and
is willing to devote some of his time as a representative on
this Board.
32
The Chairman asked if there were any other names to be
submitted for consideration. There were none.
ON MOTION by Commissioner Bowman,
SECONDED by Commissioner Wodtke, the
Board unanimously appointed John Brondell
to the Mobile Home Advisory Board.
It was explained by Liz Forlani, Secretary to the Board
of County Commissioners, that Mr. Brondell would be filling
the unexpired term that expires March, 1984. However, the
term would actually terminate in January, 1984, in
compliance with a new policy to have all terms expiring in
January of the year named.
Chairman Bird announced that this appointment would be
reconsidered at that time.
DISCUSSION RE AD HOC STUDY COMMITTEE - HUTCHINSON ISLAND
MANAGEMENT PLAN
Chairman Bird wished to discuss the makeup of the
Hutchinson Island Ad Hoc Committee to be chaired by
Commissioner Bowman. He noted that we have given this
committee a pretty comprehensive task and a quite technical
task to match the proposed management plan with our existing
Comprehensive Plan and then come back to the Commission and
indicate where it needs to be amended. His only question
was whether we have given Commissioner Bowman enough
committee members with sufficient technical ability to do
the job.
Commissioner Bowman noted that the committee is made up
of a representative from each municipality, plus a member -
at -large. There is also one representative from the
Planning & Zoning Commission and one representative from the
Game & Fish Commission, as well as the County Attorney.
33
ffn
BOOK aj PACE U
JUS 1 1983 �
juN 1 1983 BOOK
651
Discussion ensued re appointment of the at -large
member, and Commissioner Wodtke believed it is up to the
Chairman to appoint the at -large member. He believed this
is such a key issue that we probably should expand the
committee as it is important to have someone involved in the
citrus and agricultural aspect.
Commissioner Bowman noted that we do not have much
citrus or agricultural on the island and Jeannette Lier, who
is a member of the Hutchinson Island Committee, is in the
citrus business.
Commissioner Wodtke believed that some of the best
citrus in Florida is grown on our barrier island, and it is
of vital importance to people such as Ben Bailey, Pat
Corrigan and others who were at our earlier meeting.
Commissioner Scurlock noted that he had felt with the
County being represented by Commissioner Bowman, that she
would have access to whatever staff resources she needed and
he would assume the municipalities would also have their
staff available for technical backup. He did feel we should
have input from a variety of sources.
Commissioner Bowman noted that she looked at the ad hoc
committee as a committee to submit recommendations.
Discussion followed as to whether all those
participating on the committee would have a vote, and
Administrator Wright asked that the administrative staff be
removed from the vote.
Commissioner Scurlock agreed that the staff should not
be involved in policy decisions.
Chairman Bird felt we need to pinpoint who will be the
voting body.
Community Development Director Ring felt there would
there would be six: the representative from Orchid, from
Indian River Shores, from Vero Beach, Commissioner Bowman,
34
I� JUN 1
the Planning & Zoning Commission member, and the at -large
member.
Chairman Bird inquired who the at -large member would
be, and Commissioner Bowman stated that the person she had
in mind is Roger Cooper.
Chairman Bird suggested that there be two at -large
members, which would make it seven voting members and -give
the citrus industry an opportunity to have representation in
the form of Jack Vickers, a long time resident of that area.
Commissioner Scurlock noted that Ben Bailey has
evidenced great interest in this matter and has attended
every meeting we have ever had regarding the barrier island.
He believed Mr. Bailey's interest is in citrus and also some
interest in development.
Commissioner Wodtke felt that either Mr. Vickers or Mr.
Bailey would be fine for the second at -large member and he
suggested there be a Motion to add a second at -large person
to the ad hoc committee, either to be Ben Bailey or Jack
Vickers.
Commissioner Bowman asked if these people will be
notified by letter, and Chairman Bird stated that he will
notify them. It was agreed that he would make a
determination as to whom the second at -large member will be.
Mr. King felt it is urgent we establish the date and
time for the first committee meeting as soon as possible
since they are supposed to come back to the Board with a
recommendation on July 6th.
Chairman Bird stated that his personal feeling as far
as the ad hoc committee's function and goal would be that it
would proceed on the assumption that we are not going to be
released from the Management Committee and thus give it the
strongest input we possibly can to make it compatible with
our Comprehensive Plan.
35
89K 53 PACE 6,98
r JUN 1 1983
80o,. 5 ';a;F.,9
Commissioner Scurlock felt the largest assessment to be
made is the impact of this program on our basic rendering of
services -- we already have utility services planned.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Bowman, the
Board unanimously approved the composition
of the ad hoc committee as discussed, one
representative to be appointed by the Town
of Orchid, one by the Town of Indian River
/
Shores, one by theCity of Vero Beach, and
letters to be sent out indicating the
composition of the committee and asking
them to be ready to meet in the next week.
Chairman Bird noted that the Hutchinson Island Resource
Planning & Management Committee is meeting at the College in
Fort Pierce tomorrow, June 2nd, and he noted that at the
last meeting we indicated we would ask the Governor and the
committee to release us from the committee, but it was not
set out�very.clearly just how we would do this.
It was agreed that Chairman Bird should read that
statement from the last meeting, requesting to be released
from the Committee, and asking for an extension of time, as
well as informing the Committee of the action we are taking
with formation of an ad hoc committee, etc.
Commissioner Scurlock felt there were four basic items:
(1) Request to be removed from the Committee.
(2) If they won't do that, then indicate we would be
happy to participate as a member.
(3) Indicate we do not want to be designated as an
area of critical concern.
(4) Request an extension of time to allow for further
consideration and study.
M
7-
L- ---,
Administrator Wright asked whether we can submit
amendments at the second meeting or whether this is our only
shot at amendments.
Mr. King stated he could not really answer until the
meeting tomorrow and saw whether they decided to continue
on.
Commissioner -Bowman asked how they could do that when
St. Lucie already has asked for an extension to November,
and it was pointed out that even without St. Lucie, there
still would be the quorum required for a vote.
Commissioner Scurlock inquired about some way we
legally can address this matter to -assure us of enough time
to properly submit and respond to the activity that is
taking place.
Attorney Brandenburg noted that the,committee is
subject to the Sunshine Law which means they have to give
reasonable notice in advance and the meetings must be open
to the public. The rules of the committee are conducted by
the Chairman. You can question the procedure of the
Chairman and vote and overrule.
Discussion ensued on the 29 members of the committee
and the fact that there are about 8 representatives from
Indian River County counting the municipalities and 4 from
St. Lucie County.
Mr. King did not feel the committee would go along with
St. Lucie County's request for an extension to November, but
might go along with an extension to August.
Chairman Bird requested a volunteer to attend the
meeting tomorrow as he had a meeting scheduled with the
Sheriff which he already has postponed twice. There were no
volunteers, and he stated that he would attend and postpone
his meeting with the Sheriff once more.
37
8 4K �Aa u
JUN 1 1993�
Mr. King noted that he did not believe the Chairman of
the Management Committee would accept any kind of Motion
from the floor, but stated that if the Board wished, he, as
a committee member, would be glad to make any Motion they
desired.
Attorney Brandenburg suggested that a copy of the
Motion just adopted indicating their position be submitted
to the Committee through the County's representatives.
Discussion followed on the City's intent to go to the
meeting and lobby, and the feeling that discussion from the
floor, if allowed, will undoubtedly be limited.
It was asked where Martin County stands, and Mr. King
believed that they are going to be pretty much for the
growth management plan in its entirety and that they want
to tighten up the plan not weaken it.
Chairman Bird announced he would attend the meeting
tomorrow and see that our position is presented.
REPORT OF MENTAL HEALTH 4 -COUNTY STUDY COMMITTEE
Commissioner Wodtke gave an update on the four -county
Mental Health Study Committee which was formed for the
specific purpose of studying whatever District Plan is to be
submitted to the County Commissions for approval for the
coming year.
He explained that at the initial meeting last week he
had the opportunity -to get an overview of what they think
the District Plan is going to be. That was done by the
_Mental Health Center staff, Mr. Ashcraft and his staff.
At that meeting it was reported that the plan is
basically approved by the District and there have been two
drafts of the plan since approval. There was some
discussion by the Board that the plan had been sent to
Tallahassee and approved; however, Tallahassee does not
approve the plan, it only comments on the plan and sends
38
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comments back to the Dept. of Health & Rehabilitative
Services.
Commissioner Wodtke had asked the Executive Director of
the Mental Health District 9 Board for a schedule of what
was going to happen in regard to the approval of the plan by
the various county commissions. He was advised that they
had set a meeting of the Planning & Advisory Board for June
14, 1983, to set some goals and priorities on how they are
going to utilize their funds for the coming year. That is
not written in the plan and that is a great concern. They
felt that they would be able to present the plan for
approval to the various counties by July lst. However, he
had advised them that would not occur without input.
Commissioner Wodtke noted that Attorney Brandenburg had
assisted in some research for an avenue to allow the
counties to have the opportunity to present amendments and
changes to the District Board prior to the county
commissions' having to finally adopt the plan. He had
recommended that they officially request the four counties
involved to submit their input and feedback. Input from the
four counties is necessary because they are all served from
the one funding source.
Commissioner Wodtke reported that the Committee passed
a Motion requesting the counties to present input and
feedback on the District Plan.
Supposedly, at a meeting in mid-June,the plan should be
completed, along with the budget and how they are going to
allocate their funds to meet their priority goals. After
the June 14th meeting, there will be additional information
sent to the counties on their goals and funding levels.
Commissioner Wodtke informed the Board that he has a
copy of the District Plan if anyone wished to review it.
Commissioner Lyons joined the meeting at 10:15 A.M.
39
BOOK.rn PAGE use
JUN 1 1983;16I0K '53. Frsr Nil
Commissioner Wodtke informed the Board that he had a
call this morning from John Ashcraft that the House of
Representatives did introduce a bill that would, in effect,
abolish the district boards. He planned to return Mr.
Ashcraft's call during this morning's recess and report back
to the Board later this morning.
PRESENTATION - DISTRICT IX MENTAL HEALTH COUNCIL
The Board reviewed the following letter dated 5/6/83:
BOARD OF DIRECTORS
Chairman
Joseph G. Snyder
Mice Chairman
Harold Kirsh, D.O.
Secretaryjreasurer
Nancy Kirik
Robert Broadway
Fred Carter, M.D.,
John Giba
Luis R. Guerrero, M.D.
Luciano Martinez
J. B. Norton, Jr.
Frank Tidikis
i *red :Wiggin
Jack Willimson
STAFF
Executive Director
Ed Holloway, !A.S.P.H.
Health Planner
Cheryl A. Miller, B.S.
II'I Administrative Asst.
C:harolotte Friend, B.S.
DISTRICT IX HEALTH COUNCIL, INC.
Serving Indian River, Martin, Okeechobee, Palm Beach & St. Lucie Counties
4455 WESTROADS DRIVE
WEST PALM BEACH, FL 33407 TEL. (305) 845-6070
DATE: May 6, 1983
MEMORANDUM
TO: County Commissioners
County Health Officers
Foundation for Medical Care, Inc.
_Western Palm Beach County Mental Health Clinic
Palm Beach County Comprehensive Community Mental Health Center
Indian River Community Mental Health Center
South County Community Mental Health Center_.
Lake. Hospital
Interested Parties
FROM: Edward 0. Holloway, Executive Director
SUBJECT: District IX Health Council's Health Plan
The District IX Health Council is beginning its revision of the Acute
Care portion of the District Health Plan. We are requesting that all
area hospital administrates ors County or>nissioners, affiliated health
agencies and all interested parties provide comments and suggestions
in regard to the development of the new plan.
A timetable for the completion of this project is enclosed. A workshop
is planned for May 20., 1983 for the purpose of discussing acute care
hospitals. A follow-up memo next week will give further details.
The importance of this plan must be emphasized. Once adopted by the
Department of Health and Rehabilitative Services, it will become the
basis of Certificate of Need decisions and will be written into the
State's Rules and Regulations.
40
Council Member J. B. Norton, Jr. addressed the Board
and gave a brief presentation on the newly formed District
IX Mental Health Council's health plan.
Air. Norton explained that the new District IX Council
replaced the old District 7 Health Council due to a federal
mandate and cost cutting under the Reagan Administration.
The new council does not have the authority the old council
had to approve a certificate of need for hospitals, nursing
homes, hospital expansions, etc., -and all applications have
to be sent to the state for review.
After operation of the District IX Mental Health
Council began in October of last year, there was a great
deal of controversy between the Department of Health &
Rehabilitative Services and the local health council over an
interpretation of a law which was approved by the
legislature last year concerning the authority of the local
agency. As a result, they have placed a moratorium of 90
days on new applications for building, expansions, etc., and
there is a possibility of extending the moratorium to one
year.
Mr. Norton stated there is no local input as to the
health needs of our area and we feel we have more knowledge
into the needs of this county than state officials. At
present they have not received a full set of instructions
from the HRS as to what our Board's responsibilities would
be in the future. He stated that it was very frustrating
serving on a Board not having much authority after sitting
on the old Board for five years.
Commissioner Lyons asked what this Commission could do
to be of assistance, and Mr. Norton replied that they have
instructed their attorney to draw up a recommendation asking
for more authority, and would like to bring it back when
completed and present it to the Board for their endorsement.
41
SPOK, �� '
F,_
jU% 1 1983
Commissioner Lyons took this opportunity to thank Mr.
Norton for the great job he has been doing and hoped he
would hang in there until this is straightened out. Chairman
Bird also thanked him for coming and asked him not to
hesitate in asking for the Board's assistance.
CONTINUATION OF DISCUSSION RE DISTRICT MENTAL HEALTH BOARD
Commissioner Wodtke had confirmed during recess that
the House Appropriations Committee had approved HB 844 on
Tuesday and the Senate's version of the bill, SB 1034, was
out of committee. The bill must be approved by the state
House of Representatives before it becomes law. Basically,
what the bill will do is abolish district mental health
boards throughout the state. This will allow the local
counties to deal directly with the Department of Health and
Rehabilitative Services for funding.
Commissioner Wodtke explained that the district boards
will be replaced by advisory councils which will make
recommendations on policy and spending to HRS district
directors. The Advisory Board will be appointed by the
county commissioners and will work directly with HRS in
developing the plan. That plan will still have to come back
to the county commissions for approval.
There is a sunset provision in the plan that requires a
mandated match on local levels. He did not know how popular
that is going to be, but right now it is a mandatory 25%
match. However, there is a sunset provision that has been
attached to that.
Commissioner Wodtke urged the Board to support HB 844
and SB 1034.
ON MOTION by Commissioner Wodtke,
SECONDED by Commissioner Lyons, the
Board unanimously agreed to contact the
42
following legislative representatives
urging their support of HB 844 and SB 1034:
State Senator Harry Johnston
State Senator Clark Maxwell
State Senator Jack Gordon
State Senator Don Childers
State Rep. Dale Patchett
Administrator Wright suggested telegrams be sent to
those listed above.
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. 86110-86332, 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 11:30 o'clock
A. M.
Attest:
Clerk
JUN 1 1983 43
Chairman
BOOK 53 Pace G99