HomeMy WebLinkAbout11/2/1983The 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, November 2, 1983, at 8:30 o'clock A.M.
Present were Richard W.' Bird, Chairman; Don C. Scurlock,
Jr., Vice Chairman; Margaret C. Bowman, William C. Wodtke,
Jr. and Patrick B. Lyons. Also present were L. S. "Tommy"
Thomas, Community Services Director; Michael J. Wright,
County Administrator; Gary Brandenburg, Attorney to the
Board of County Commissioners; Jeffrey K. Barton, OMB
Director; Lt. M. L. Reese, Bailiff; Barbara Bonnah and
4_
Virginia Hargreaves, Deputy Clerks.
The Chairman called the Meeting to order.
Chairman Bird led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA
L. Commissioner Lyons requested the addition to today's
Agenda of a discussion re the Community Block Grant Advisory
Committee
ON MOTION b
Commissioner Lyons,
Y
SECONDED by Commissioner Wodtke, the Board
unanimously added the above item to today's
Agenda.
i
5
NOV21983 ���� �� 1. � `�
NOV 21983
tooK 55 im168
Attorney Brandenburg requested the addition to today's
Agenda of a discussion re the rescheduling of county -wide
rate hearings.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Wodtke, the Board
unanimously added the above item to today's
Agenda.
Administrator Wright requested the postponement until
the next meeting of Item #17 - Report on Hutchinson Island
Resource Management Plan.
09, MOTION by Commissioner Scurlock,
SECONDED by Commissioner Wodtke, the
Board unanimously postponed the above
item until the next regular meeting
of November 16, 1983.
Commissioner Scurlock requested the addition to today's
Agenda of a discussion re the shortfall in the cost of
constructing the exercise room in the Sheriff's Dept.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the Board
unanimously added the above item to today's
Agenda.
Administrator Wright requested the deletion from
today's Agenda of Item 20 - Request by Baytree to address
the Commission re North Beach Water Company Franchise.
2
r
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Wodtke, the Board
unanimously deleted the above item from today's
Agenda.
APPROVAL OF MINUTES
The Chairman asked if there were any additions or
corrections to the Minutes of the Regular Meeting of
October 5, 1983. There were none.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the Board
unanimously approved the Minutes of the
Regular Meeting of October 5, 1983, as
written..
The Chairman asked if there were any addition or
corrections to the Minutes of the Special Meeting of
October 12, 1983. There were none.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the Board
unanimously approved the Minutes of the
Special Meeting of October 12, 1983.
CLERK TO THE BOARD
A. Resolution re Indian River Mosquito Control District
Budget'- FY 1983-84
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Bowman, the Board
unanimously received and placed on file in
the Office of the Clerk a Resolution re the
Indian River Mosquito Control District Budget
for FY 1983-84.
3
NOV 21983
5-5 ray
N 0 V 21983
CONSENT,AGENDA
a PAU' 3.70 :
A. Report
Received and placed on file in the Office of the Clerk:
Traffic Violation Bureau - Special Trust Fund
Month of September, 1983 - $38,965.46
B. Report
Received and placed on file in the Office of the Clerk:
Traffic Fines by Name Month of September, 1983
C. Acceptance of Statement of Revenues for FY -83 from
Property Appraiser, Sheriff; Clerk & Tax Collector
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the Board
unanimously accepted and placed on file in
the Office of the Clerk the Statement of Revenues
for FY -83 from the Property Appraiser, Sheriff,
Clerk & Tax Collector.
D. Approval of Annual Contribution Contract for Housing
Assistance Funds for FY 82-83
ON MOTION by -Commissioner Scurlock,
SECONDED by Commissioner Lyons, the Board
unanimously approved and authorized the
Chairman's signature on the Annual Contribution
Contract for Housing Assistance Funds for
FY 82-83.
4
r
I
iHUD4=1® - -
�z
l U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR HUD USE ONLY
VOUCHER FOR PAYMENT OF ANNUAL CONTRIBUTIONS
i HOUSING ASSISTANCE PAYMENTS PROGRtN' (Voucher Number)
SECTION 23 SECTIONS EZ FOR FISCAL YEAR ENDED
(See Instructions on reverse) 9/30/83
PUBLIC HOUSING AGENCY (including ZIP code) AC CONTRACT NUMBER PROJECT NUMBER
Indian River County Board of County CommissionersFL29-E132-001
1840 25th St., Suite 5-321 A-3409 FL29-E132-002
Vero Beach, Fla. 32960
HUD FIELD OF-Fice TYPE OF PROJECT (Check One) BEGINNING DATE OF FIRST
325 West Adams St. ,FISCAL YEAR
Jacksonville, Fla. 32202 NEW r7 REHAB 7J EXISTING ( 7/1/79
5 Spring pt. ,
75 Spring St., S.W. -
Atlanta, Ga. -30303
NUMBER OF DWELLING UNITS.
NUMBER OF UNIT MONTHS
UNDER ACC UNDER LEASE
Request is hereby wade for the payment of annual contributions parable pursuant to the terns
ed Annual Contributions Contract for the project and the fiscal year shown above, as set forth
and conditions of the above number.
in the following statement: -
REQUESTED BY PHA `HUD ADJUS?MENTS
(Y) (3)
MAXIMUM ANNUAL CONTRIBUTIONS AVAILABLE.
I. Maximum Annual Contribution Authorized - per Annual Contributions Contract
2. Pro Rata Maximum Annual Contribution Applicable to a Period of =
Less Than Twelve (12) Montle
3. Maximum Annual Contribution For Fiscal Year (Lines 1 and 2)
4. Contingency ResefWAccoun& 2825) for Section 23 projects or Project Account
(Account 2827) for Section a projects - Balance at beginning of Fiscal Year
5. Total Annual Contributions Available (Lines 3 and 4)
APPROVT�1 TE
ANNUAL CONTRIBUTIONS REQUIRED ANNUAL",ti TIONS"'^
6. liming Assistance Payments(Accowa 4715)-
7. Administrative Fee (see Instructions)
8. Preliminary Administrative Expense - Prior to ACC (Ace&. 401o)
9. Preliminary Administrative Expense - After ACC (Acct 4012) 9,996
10. Nonexpendabie Equipment (Accounts 7520 and 7540)
11. Security and Utility Deposit Fund (section 23 Proiects only)
12..lndepj)Ildent Public Accountant Audit Costs -
13. Total Funds Required - Current Year (Lines 6 through 12) 516,268
14. Deficit at End of Preceding Fiscal Year
15. Total Funds Required (Lines 13 and 14) 516,268
16. Project Receipts other than Annual Contributions (Accts.. 3610, 3690, and 7530)
11. Tool Annual Contributions Required (Line 15 minus Line 16)
440 11f;
0
440.31.6-
408 098
848.414
�.
-
9,808 -
6,813
--328,302 -
328,302
-
EXCESS OR DEFICIT IN ANNUAL CONTRIBUTIONS AVAILABLE
18. Excess(Amwsn& byuilich Line 5 exceeds Line 17)
19. Deficit (Ancent by ujuch Line 17 exceeds Line S)
YEAR-END SETTLEMENT.
20. Annual Contributions Due for Fiscal Year (Line -17mi,tus Line 19)
21. Total Partial Payments Received by PHA for Fiscal Year
22. Underpayment Due PHA (Amount by which Line 20 exceeds Line 21)
23. Overpayment Due HUD (Amount by urltich Line 21 exceeds Line 20)
3 I
340,449
!
12,147--
2, 7STATUS
STATUSOF PROJECT ACCOUNT (Section 8 Projects truly)
t4. Project Account - Balance at the End of f
Fiscal Year (Account 2827) (Lige 18I
d5. Provision for Project Account (Account 7027)
5 ,
2.0
2. 112
a. Increase (Amount by which Line 24 exceeds Line 4)
b. Decrease (AMOU & by which Line 4 exceeds Line 24)
112,014
STATUS OF CONTINGENCY RESERVE (Section 23 projects only)
26. Contingency Reserve - Balance at the End of Fiscal Year (Accowtt 2825)
(Line 18 or 10% of Line 1. whichever is lesser).
?1. Provision for Contingency Reserve - (Account 7o25)
a. • Increase (Amount 1,f which Line 26 exceed^. Line 4)
b. Decrease (Amount by which Line 4 exceeds Line 26)
STATUS OF SECURITY AND UTILITY DEPOSIT FUND (Section 23 projects only)
18. Security and Utility Deposit Funds Provided, Account 2168.1
29. Security and Utility Deposits -Uncollectible Advances, Account 1168.2
130. Balance of Security and Utility Deposit Fund; Linc zit mins Line 291
131. Accounts Receivable - Advances for Security aric Utility Deposits Account 1127
32. Security and Utility Deposit Funds Available (L;: 3o minus Line 31) -
I CERTIFY that lousing assistance payments have been or will be made only with respect to units whichs (1) are under lease by Families at the time such
housing assistance payments are made except as otherwise provided in the Housing Assistance Payments Contracts and (2) the Housing Agency has, within one
year prior to the making of such housing assistance payments, adaquately Inspected or caused to be inspected (Including inspection of grounds, facilities, and
areas for the benefit and use of the Families) to assure that decent, safe and sanitary housing occomodorions are being provided; that all applicable provisions
of the above numbered Annual Contributions Contract nave been Compliedwith by the Housing Agency; a -d that this voucher for Annual Contributions has been
th
examrined by we end to e bast of my knowledge end belief it is true, cancel and Complete.
Indian River County /'1 A_>3s,
(Name of Public Housing Agency)
(Data) (Signature and Tills at Official Autharlsed to Cart/fy)
REVIEWED 8Ys
(signature)
• .a
ECK ON
1. _; Overpayment o; S received from PHA .
2. Underpayment ai = certified for payment to
the PHA on (enter date certified).
so 5T -ray
ri
Moitl'wlQi'6 n �8d1A7
00i
U. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
OPERATING STATEMENT
HOUSING ASSISTANCE PAYMENTS PROGRAM
SECTION 23 SECTION 8 ®
IIPAI�.
SEE INTION RtJ�
. w
STATE CODE
12
TYPE OF PROJECTS)
(Check one)
EXISTING 01
NEW 02
REHAB. 03
FY ENDING 197
(Check one)
1.0 MAR. 31
2. JUNE 30
3. ® SEPT. 30
4. 0 DEC. 31
NAME AND ADDRESS OF PUBLIC HOUSING AGENCY (including 'LIP Code)
Indian River County Board of County Commissioners
1840 25th St., Suite S-321
Vero Beach, Fla. 32960
NUMBER OF DWELLING UNITS
NUMBER OF UNIT MONTHS
AC CONTRACT
NO.
A-3409
PROJECT NUMBER(S)
FL29—E132-001
FL29—E132-002
UNDER ACC
190
UNDER LEASE
161
1614
LINE
NO.
ACCT.
NO.
ACCOUNT TITLE
ACTUAL
PUM
AMOUNT
PART I OPERATING RECEIPTS AND EXPENDITURES
1
968
010
020
030
040
050
060
070
080
090
100
110
120
130
140
-
150
160
170
180
190
200
210
220
230
240
22.50
260
270
280
290
300
310
3610
3690
7530
8025or
8026
4715
4010
4012
7520
7540
4110
4130
4150
4170
4180
4190
4400
4510
4530
4540
4590
6010
OPERATING RECEIPTS
Interest on general fund investments
Other Income
Total Operating Income (Lines 010 and 020)
Receipts from nonexpendable equipment not replaced
Total Operating Receipts, exclusive of annual contributions (Lines 0.30 and 040)
Annual Contributions Earned
Total Operating Receipts (Lines 050 and 060)
OPERATING EXPENDITURES
Housing Assistance Payments, Prelim. Admin. Exp., and Nonexpendable Equip.
Housing Assistance Payments
Preliminary administrative expense - Prior to ACC
Preliminary administrative expense - After ACC
Replacement of nonexpendable equipment
Property betterments and additions
Total (lousing Assistance Payments, Preliminaty Admin. Exp., and
Nonexpendable Equipment (Lines 080 thru 120)
Total Operating Receipts Available for the Regular Costs of Admin. {Line
070 minus Line 130)
Administrative Expense:
Administrative salaries
Legal expense
Travel
Accounting and auditing fees
Office rent —
Sundry Administrative Expense
Total Administrative Expense (Lines ISO thru 200) _
Other Expense:
Maintenance and Operation (fur nonexpendable equipment only)
insurance
Terminal leave payments
Employee benefit contributions
Other General Expenses
Total Other Expense (Lines 220 thru 260)
Total Admin. and Other Expenses (Lines 210 plus Line 270)
Prior Year Adjustments
Affecting residual receipts (or deficit) - debit (credit)
Total Expenses for the Regular Cost of Admin., including prior year
adjustments (Line 280 plus the debit or minus the credit on Line 290)
NET INCOME (OR Dh'FICIT) before provision for operating reserve
(Line 140 minus Line .300) �
1
968
1
968
203
328,302
204
329,270
;
165
266,008
6
9,8b8
4
6,813
175
282•, 629
29
46,641
18
29,706
0
149
1
1,725
0
372
20
31,952,
1
1,435
5
81090
2
2,628
8
12,153
27
44,105
27
44,105
2
2,536
PART If ANALYSIS Of OPERATING RESERVE (All Section 23 HAP Projects
or All Section 8 HAP Projects
(10, 325)
320
330
340
350
360
370
380
'190
400
410
2824or
2826
7014or
7016
2-84or
2826
Operating Reserve - Balance at beginning of fiscal year covered by this statement
Cash Withdrawals from Reserve during fiscal year covered by this statement
Net Operating Reserve after Cash Withdrawals (Line 320 minus Line 3.30)
Net Income (or Deficit) before provision for operating reserve (net total
of Line 310 for all 11AP projects)
Net Deficit brought forward from preceding fiscal year (see Line 410
of .Inalvsis of Operating Reserve for preceding14cal year)
Total Income (or Deficit) (See instructions)
Provision for Operating Reserve
Addition (rhe amount of income, if aRv, on Line 370)
(A•dut[ion tl.r urun.,ntn/drfIcit,ilnnv,unl.ine-.?7'1.Lutnulhietrr:dlhrurnnuntnnLinr.3.Al)
Operating Reserve - balance at end of fiscal year covered by this statement
(Line 340 plus Line 380 or minus Line 390, as applicable)
Deficit at end of fiscal yearcovered by this statement. if any (Line 370 minus line 390)
(10, 325)
2,536
( 7,789)
( 7,789)
( 7,789)
PREPA D BY / tgna e/ APPROVED 8 /SiKnatur ��
9TLE DATE TITLE DATE
c- T Finance Director = 10/26/83
HUD -52682 (3-76)
NUO 52S'7
Feoruary 1976
;9e ' z:f 7
J.S. DEPARTMENT Of MOUSING AND URBAN :�EVELOP1.1E%T
LOW-INCOME ROUSING PROGRAM
BALANCE SHEET
PU8�IC-CUSING -!—,EN,:�
Indian River County ..
LOCALUTv
Vero Beach, Fla. 32960
PERIOD ENDED
9/30/83
CONTRACT NUrs18ER
A-3409
PROJECT NUMBER(S)
Ser /n.�tractr++ns (opt the Rei -enc. IFL29-El32-001 & FL29-E132-002
r -I
O
2
Lu
_Z
J
ASSETS
CASH
1
1 11 1.1
General Fund (Development and/or Operation) . . . . . . . . . . . . . . 45.341
'_
1 1 11 '
. General Fund (Unapplied Debt Service Funds) . . . . . . . . . . . . -"
3
1114
Security Delx)sit Fund "-. . . . . . . . . : . . . . . . . . . . . . . . . .
4
1 1 17
Petty Cash Fund . .. . . . . . . .. . . . . . . . . . . . . . . . . . . .
5
l l 18
Change Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45,341
ACCOUNTS RECEIVABLE
6
1122
Tenants . . . .. . . . . . . . . . . . . . . . . . . . . . . . .
7
1124
1loniebuyers . . . . . . . . . . . .. . . . . .. . . . . . . . . . . .
81125
HUD . . . . . . . . . . . . . . . . . . . . . . . . . . . . : .
9
1 127
Advances for Security and Utility Deposits . . . . . . . . .. . . . . .
10
1 129
Ot her . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 19
11
1 130
NOTES AND MORTGAGES RECEIVABLE .. . .. . . . . . . . . . . . . . . . . . . . . . .
12
1145
. .
ACCRUED INTEREST RECEIVABLE . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .
.
ADVANCES
13
1 155
Limited Revolving Fund . . . . . . . . . . . . . . . . . . . . . . . . . .
14
1 156
Unlimited Revolving Fund . . . . . . . . . . . . . . . . . . . . . . . . .
15
1157
Other . . . . . . . .. . . . . . . . .. . . ... . . . . . . . . . . . . . .
INVESTMENTS
16
1 162
General Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17
1 163
Homeownership Reserve Funds . .. . .. . . . . . . . . . . . . . . .
DEBT AMORTIZATION FUNDS- -
18
1 171
Debt Service Fund .. . . . . . . .. . . . . .. . . . . .. . . . . . . .
19
1 172
Advance Amortization Fund .. . . . . . . . . .
20
1173
Investments . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . .
21
1 174
Accrued Interest Receivable - Investments . . . . . . . . . . . . . . . . .
22
1 176
HUD Annual Contributions Receivable . . . . . . . . . . . . . . . . . .
23
1 177
Deposits with IIUD . . . . . . . . . . . . . . . . . . . .. . . . . . . .
DEFERRED CHARGES
24
1211
Prepaid Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
25
1212
Insurance Deposits . . . . . . . . . . . . . . . . . . . . . . . . . .. . .
26
1255
Maintenance Work in Process . . . . . I. . . . . . . . . .. . . . .
27
1200
Inventories - Materials . . . . . . . . . . . . . . . . . . . . . . . . . . .
28
1 1-0
Inventories - Equipment . . . . . . . . . . . . . . . . . . . . . . . . . .
21)
1 290
Other . . . . . . . . . . . . . . .
I AND. STRUCTURES AND EQUIP1fENT
3011400.2
1 `. Nelopnlent Cost .. . . . . . . .
31
1400.3
Leas Development Cost - Contra .
32 11.300.4
Lind. Structures and Equipment . . . . . . .
33
1510
PAYMENTS FOR OF" -'F -SITE UTILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . .
UNDIST'RIBI!TI:D DEBITS "
34
1620
Ineligible E:xpenditules . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . . .
I
. . . . . . .
BID GUARANTIES
35 11820 Undeposiied Bid Guaranties . . . . . . . . . . . . . . . . . . . . . . . .
36 11830 Lss: Returnable Bid Guaranties - Contra . . . . . . . . . . . . . . . . .
ADVANCE'S I -OR DEBT AMORTIZATION
37 1800 Advances tions General Fund to Debt Service Fund . . . . . . . . . . . .
38 1870 Less: Refunds Due General Fund frorn Debt Service Fund - Contra .
3t) TOTAL ASSETS 60,848
I/ I tie (.corral I kind In, tide, $ None repre,enting pnoteed, tram disposition of pn,pert> reserved for replacement ul equipment kir cur,uch
ether pur pu,e, a, I+r.r,Ided 'it the annual Luntrlhuuun, f ,,1mml,tratwn �+ultrac(
NOTE: Accrued annual leave of employees at the end of the fiscal year S 2 , 01 3 • 00
BOOK 55 rw
HUD 52595 12 76)�
r N O V 2 1983
'ION 55 ?asp 174
HUI) 52595 Pape 2 of 2 PUBLIC HOUSING AGENCY
T-ebruery 1916
PREPAF#Er
T/I�TLe ` h^ DATE
APPRO,VZP BY. 1Sigrlu
TLE `�_•
Finance Director
TE
10/26/83
Indian
River County
BALANCE SHEET
CONTRACT
_ -
NUMBER PERIOD ENDED
A-3409
9/30/83
W
2o
LIABILITIES
_
-'z
ACCOUNTS PAYABLE
40
2111
Vendors and Contractors . . . . . . . . . . . . . . . . . . . . . . .
866
41
2112
Contract Retentions . . . . . . . . . . . . . . . , • . . . . . . . .
42
2113
Performance Deposits . . . . .
43
-'114
Tenants Security Deposits . . . . . . . . . . . . . . . . . . . . . . . . .
44
2118
1IUD (Accts. 2118.1. 21 IS_? &_'118.6) .. .. . . . . . . . . . . . . .
12,147
45
Other (Aecounts 2115, 2117 & 2119) . . . . . . . . . .. .. . . . . .
13,013
NOTES PAYABLE
46
2122
Project Loan Notes - HUD . .. . . . . . . .. . . . . . . . . . . . . .
47
2123
Administrative Notes - HUD .. . . . . . . .. . . . . . . . . . .. . .
48
2126
Project Notes - Non -HUD . . . . . . . . . . . . . . . . . . . . . .. . .
49
2129
Sundry Notes . ... . ... . .... . .. ... .. ... .. . .. . .
ACCRUED LIABILITIES
50
2131.1
Interest Payable - Development Notes and Bonds - HUD . .. . .. . .
51
2131.2
Interest Payable - Administrative Notes - HUD . . . . . .. .. . .. . .
52
2131.3
Interest Payable - Other Notes (Deferred Payment) HUD . ... . . . .
53
2132
Interest Payable - Notes -Non-HUD .. ... .. . .. ... ... .. . .
54
2133
Interest Payable - Bonds - Non -HUD ......... .. _ ...... .
55
1137
Payments in Lieu of Taxes . .. . .. .. ... . .. ... .. . .. . .
56
Other (Accts. 2134. 2135, 2136 & 2139) ............ ... .
TRUST AND DEPOSIT LIABILITIES
57
2161
Homebuyers Ownership Reserve ... .. . .. ... . .. .... . . .
58
2162
Homebuyers Nonroutine Maintenance Reserve . . .. . .. . .. . .
59
2165
Mortgagors Taxes and Insurance . .. .. . ... .... . .. .. . .
60
2166
Mortagors Maintenance Reserve . ... ... .. ... . .. .... .
61
2168
Annual Contributions for Security and Utility Deposit Funds Provided
DEFERRED CREDITS
62
2210
Prepaid Annual .Contribution .. ... ... .. . .. . .. . .. .. . .
36,292
63
2240
Tenants Prepaid Rents . .. .. ... ... .. . .. . .. ... . .. .
64
2241
Prepaid Monthly Payments - Homebuyers . .. . .. ... . . . .. . .
65
2250.1
Investment Income - Homebuyers Ownership
Reserve - Unapplied . . .. ... .. . .. . .
66
2250.2
Investment Income - Homebuyers Ownership
Reserve - Applied ... .. ... .. . ... . ( }
67
2251.1
Investment Income - Homebuyers Nonroutine
Maintenance Reserve - Unapplied . . . ... .
68
2251.3.
Investment Income - Homebuyers Nonroutine
Maintenance Reserve - Applied .. .. . .. . .-
69
2290
Other ........ ............... .. ... ... .. . .
36,292
FIXED LIABILITIES
70
2311
Permanent Notes - HUD .. .. ... . . . .. . .. . .. . . . .. . .
71
2321
Series "A" Notes and Bonds Issued ... . . . .
72
2322
Series "A" :Votes and Bonds Retired .. .. . . ( )
73
2331
Series "B" Notes and Bonds Issued .. . ... .
74
2332
Series "B" '.Votes and Bonds Retired .. . .. . . ( )
75
2341
New Housing Agency Bonds Issued .. .. . . .
76
2342
New Housing Agency Bonds Retired . . . .. . . ( )
77
2351
Other Notes Payable to HUD (Deferred) . ... . .. . .. ... .. . .
CONTRACT AWARDS
78
1810
Contract Awards - Contra . . .. ... ... .. . .. ... .. . . . . .
79
1800
Less: uncompleted Contracts . .... ... . .. . .. . . . . .
`
801
TOTAL LIABILITIES
SURPLUS
81
2810
Unreserved Surplus . . .. . .. ... ... . 15,488
82
2820
Operating Reserve - Locally Owned Projects . . .
83
2821
Operating Reserve - Leased Projects . .. .. . .
84
2823
Operating Reserve - Homeownership Projects
-
85
2824
Operating Reserve - Section 23 HAP Projects
86
2825
Contingency Reserve- Unfunded Sect. 23 HAPProj.
87
2826
Operating Reserve - Section 8 HAP Projects ( 7.789)
881
2827
Project Account - Unfunded - Sect. 8 HAP Projects .
891
Total Surplus from Operations . . . .. . .
7,699
901
2840
Cumulative HUD Annual Contributions . .. . . . . . . . . . . .
911
2850
Cumulative Donations . . ..
3,844
92
2855
Cumulative Proceeds from Sale of Dwellings
931
2856
Cumulative Contributions by Hornebuyers for Property .
94,
'860
Book Value of Projects Conveyed by HUD . . .
95
_870
Less. Contract Payments to HUD . . . ( )
06
2880
. . . . .
Development Cost - L'ndeveloped Projects . . . . . . . (
1
y %
'890
. . . . . .
Boole Value of Capital Assets Conveyed to Homebuyers . . . . . . . . . (
1 12; 543
>h
TOTAL SURPLUS AND LIABILITIES
60,848
PREPAF#Er
T/I�TLe ` h^ DATE
APPRO,VZP BY. 1Sigrlu
TLE `�_•
Finance Director
TE
10/26/83
ROBERT R.DEMPSEY
Commissioner
E. Approval, of Resolution amending Res. 82-118 - Revision
in Concealed Weapons Permit Application Fee
The Board reviewed the following memo dated 9/1/83:
POST OFFICE BOX 1489
TALLAHASSEE 32302
PHONE 904-488-7880
September 1, 1983
INFORMATIONAL MEMORANDUM
BOB GRAHAM, Governor
GEORGE FIRESTONE, Secretary of State
JIM SMITH, Attorney General
GERALD LEWIS. Comptroller
BILL GUNTER, Treasurer
y DOYLE CONNER, Commissioner of Agriculture
RALPH D. TURLINGTON, Commissioner of Educatior
TO: Requesters of Criminal History Record Information
FROM: Division of Criminal Justice Information. Systems
Special Services Bureau
Criminal Record -Inquiry Section
SUBJECT: Processing Fee Increase
This caTmunication is to advise you of a new development regarding the
Department of Law Enforcement's criminal history record check program. Since
1973, the fee charged by the Department for providing state criminal history
record checks has been $2 per request. In the last ten years, however, costs
associated with this program have continued to increase.
In response to this situation, the Legislature directed the Department to
raise the $2 processing fee to $5 per request to meet the costs associated
with the criminal history record check program. This increase will enable the
Department to continue to provide your agency with the same high level of
criminal identification services you have received in the past.
The fee increase will take effect with requests received as of November 1,
1983. All other procedures for obtaining criminal history record check
services will continue to be the same.
Your understanding of this fee increase is appreciated. If we can answer any
questions regarding this matter, please contact us.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the Board
unanimously adopted Resolution 83-104 amending
Res. 82-118 providing for revision in concealed
weapons permit application fee.
0
1 ••
a 55 175
i
NOV 2 1983
8b55, PA4178
RESOLUTION NO. 83-104
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA AMENDING RESOLUTION
NO. 82-118, PROVIDING FOR REVISION IN CONCEALED
WEAPONS PERMIT APPLICATION FEE.
WHEREAS, Section 8-25 of the Code of Laws and
Ordinances of Indian River County, Florida provides for the estab-
lishment of an administrative fee to offset the costs of proces-
sing applications for concealed weapons licenses; and
WHEREAS, $2.00 of the current fee paid by each appli-
cant directly offsets the cost of obtaining a Florida Department
of Law Enforcement criminal record inquiry search; and
WHEREAS, the FDLE has announced an increase in the fee
for this service from $2.00 to $5.00 per request, effective
November 1, 1983; and
WHEREAS, the Sheriff's Office of Indian River County
has requested that this fee increase be passed along to the
license applicant, rather than be absorbed by the general taxpay-
ing public.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:
1. Paragraph 3 A is hereby amended to read as follows:
A. Initial application fee $47.00 +$44779+; which
sum includes $17.00 f01-4769+ for fingerprint examination reports
by Florida Department of Law Enforcement and the Federal Bureau of
Investigation, and $30.00 for local detective investigation and
publication of notice of application, payable with submission.of
completed application.
2. The rest of Resolution No. 82-118 shall remain in
full force and effect as originally adopted by this Board.
The foregoing resolution was offered by Commissioner
Scurlock who moved its adoption. The motion was seconded
by Commissioner Lyons and, upon being put to a vote, the
vote was as follows:
Chairman Richard N. Bird Aye
Vice -Chairman Don C. Scurlock, Jr. Aye
Commissioner Margaret C. Bowman Aye
Commissioner Patrick B. Lyons Aye
Commissioner William C. Wodtke, Jr. Aye
-1-
CODING: Words in stffuek-thre"h type are deletions from
_ existing law; words lined are additions.
The Chairman thereupon declared the resolution duly
passed and adopted this 2nd day of November , 1983.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By,
RICHARD N. BIRD
Chairman
Attest:'J)'0z' O�h",
FREDA WRIGHT.
Clerk
APPROVED AS TO FORM
AND L72, FFICIENCY
By
CHRIS TOPHEW�J. PAULL
Assistant County Attorney
-2-
L_ -NOV 2198
5 1
'60 1 77
2 1993
so..r���$ �
F. 911 Emergency System Network Update
The Board reviewed the following memo dated 10/24/83:
TO: The honorable Members DATE: October 24, 1983 FILE:
of the Board of
County Commissioners
DIVISION HEAD CONCURRENCE: 911 ESN UPDATE
VERO BEACH HIGHLANDS
SUBJECT:
Robert M. Keatin�FICP
Planning & Development
Director
FROM:
Linda Woodard REFERENCES: 911 ESN Update
Cartographer WORKB
It is requested that .the data herein
consideration by the Board of County
regular meeting on November 2, 1983.
DESCRIPTION & CONDITIONS
presented be given formal
Commissioners at their
It was recently brought to the attention of the County staff
that several continuous roadways within the Vero Highlands
development were denoted by.more than one name. Consequently,
there was the potential for confusion, particularly in relation
to the 911 ESN system and related services.
To eliminate this problem, reduce confusion, and enhance the
function of the County's emergency services programs, the staff
attempted to correct this situation. Specifically, the staff
identified those streets having more than one designation and
proposed to change their names. The staff then contacted other
County departments as well as a representative of the developer,
General Development Corporation, and determined that there were
no objections to changing the names of the streets. The
developer was then requested to choose the new names for the
streets in question.
ALTERNATIVES & ANALYSIS
After reviewing the street names in the Vero Highlands
Development and receiving input from the developer, the staff
proposed to change the name of 20th Place, S.E. to Highland
Drive, S.E., and to change the names of 20th Place, S.W., 23rd
Street, S.W., 12th Road, S.W., and -12th Avenue,S.W., to Highland
Drive, S.W.
RECOMMENDATION
The staff recommends after -the -fact approval on the designated
street names.
12
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the Board
unanimously granted retroactive approval of
the 911 Emergency System Network Update re
changing of street names in Vero Highlands,
_ as recommended by staff.
G. Budget -Amendment = Disaster Preparedness Grant Funds
The Board reviewed the following memo dated 10/13/83:
TO: Board of County Commissioners DATE: October 13, 1983 FILE:
SUBJECT: Disaster Preparedness Grant Funds
FROM: Jeffrey K. Barton, Director REFERENCES:
Office of Management and Budget
The following budget amendment is for radio transmitting receiving equipment that was
to be purchased from the Disaster Preparedness Grant in the 82-83 FY. The goods were
not received before the end of the fiscal year, but had been budgeted and anticipated
to be expended before the close of the fiscal year.
Account Title
Account No.
Cash forward -Oct 1st 001-000-389-40.00
Communication Equip -all 001-208-525-66.45
Increase IDecrease
745
745
ON MOTION by -Commissioner Scurlock,
SECONDED by Commissioner Lyons, the Board
unanimously approved the above budget amendment,
as recommended by.OMB Director Barton.
H. Budget Amendment - Petition Paving Program
The Board reviewed the following memo dated 10/24/83:
TO: Board of County Commissioners DATE: October 24, 1983 FILE:
SUBJECT: Petition Paving Program
FROM: Jeffrey K. Barton, Director REFERENCES:
Office of Management and -Budget
The following budget amendmerit'is to establish the budget for the Petition Paving
Program Fund
Account Title Account No. Increase Decrease
Transfers In 703-000-381-20.00 100,000
Other Road Mat/ Supplies 703-214-541-35.39 100,000
13
� NOV 2193 PUE I U
%
N 0\1 2 1983
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the Board
unanimously approved the above budget amendment,
as recommended by OMB Director Barton.
I. Budget Amendment - Sheltered Workshop & Council on Aging
Grant Funds
The Board reviewed the following memo dated 10/24/83:
TO:Board of County Commissioners DATE: October 24, 1983 FILE:
SUBJECT: Sheltered Workshop & Council on Aging
Grant Funds
FROM: Jeffrey K. Barton, Director REFERENCES:
Office of Management and Budget
The following budget amendment is to record the
expenditure line items on
the above
referenced grant funds. At
budget preparation,
we recorded the revenues,
but not
the expenditures.
Account Title
Account No.
Increase
Decrease
Sheltered Workshop
001-106-564-88.37
3,250
Council on Aging
001-211-564-88.32
3,250
Reserve for Contingencies
001-199-513-99.91
6,500
Balance in Reserve
$468,535.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Lyons,,•the Board
unanimously approved the above budget amendment,
as recommended by OMB Director Barton.
14
J. Approval of Resolution Authorizing Execution of FEC
Railway License Agreement (Continued from 10/19/83 meeting)
The Board reviewed the following memo dated 10/5/83:
TO: The Honorable Members of DATE: October 5, 1983 FILE:
the Board of County Commissioners
THROUGH:' Michael Wright,
County Administrator
SUBJECT: FEC License Agreement to Install
24" Storm Sewer Under Railroad
at 16th Street
ti as
FROM: James W. Davis P.E.L%'
` 9EFERENCES: M. o. Bagley, FEC to Indian
Public Works Director River.County dated Aug. 16,
1983
DESCRIPTION AND CONDITIONS
The FEC has requested that the Chairman of the Indian River
County Board of County Commissioners execute a license agreement
to allow installation of -the storm sewer on 16th Street.
ALTERNATIVES AND ANALYSIS
The County Public Works Division staff and Assistant County
Attorney have reviewed the agreement. The conditions basically
state that:
1) The Railway must have an inspector on site during the
work with cost paid by the County.
2) The County must pay a $50.00 license fee.
3) The work must be performed in accordance with FEC Specs.
4) The pipe is within the FEC right-of-way under sufferance.
5) The County must agree to indemnify and hold harmless
the FEC in any damages caused by the work.
RECOMMENDATIONS AND FUNDING
It is recommended that the Chairman be authorized to sign
the Agreement. Funding to be from the 16th Street project account
and yearly license fee from the Road and Bridge Department Permit
account.
Attorney Brandenburg explained that Items J & K were
postponed from the meeting of 10/19/83 in order to obtain
further information re additional insurance cost. The
engineers are preparing change orders now and there will be
an increase of $165 in the County's contract price.
15
L_ I NOV 21983
J
NOV 21983
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the Board
unanimously adopted Resolution 83-105,
authorizing the Chairman to execute the FEC
Railway License Agreement to install 24" storm
sewer under 16th Street Right-of-way.
SAID LICENSE AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK
16
r
it
RESOLUTION NO. 83- 105
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA AUTHORIZING THE
EXECUTION OF A LICENSE AGREEMENT WITH THE FLORIDA
EAST COAST RAILWAY TO INSTALL A TWENTY-FOUR (24)
INCH STORM SEWER AT THE 16TH STREET RAILROAD
CROSSING.
WHEREAS, the County is presently constructing traffic
and drainage improvements to the 16th Street corridor, which will -
necessitate the placement of a twenty-four (24) inch storm sewer
beneath the Florida East Coast Railway right-of-way at 16th
Street; and
WHEREAS, the Florida East Coast Railway requires that
the County enter into a License Agreement governing use of its
right-of-way for the placement of said storm sewer; and
WHEREAS, the County Commission has reviewed the
requirements of the Florida East Coast Railway and has determined
that approval of the agreement to facilitate the storm sewer
installation is in.the best interest of the citizens of Indian
River County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the foregoing
recitals are ratified.in their entirety and the Chairman and Clerk
are authorized to execute the License Agreement attached hereto as
Exhibit "A," and the Public Works Director is authorized to ful-
fill any and all conditions required by the License Agreement,
including the annual $50.00 license fee.
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 Margaret C. Bowman Aye
Commissioner Patrick B. Lyons Aye
Commissioner William C. Wodtke, Jr. Aye
NOV 2 1983
The Chairman thereupon declared the resolution duly
BOOK 5 !A£
N 0 V 2 1983
55
passed and adopted this 2nd day of November , 1983.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
B /Z,4 �
Y
RICHARD N. BIRD
Chairman
Attest:, J
FREDA WRIGHT
Clerk
APPROVED TO ORM
AND LEG SUF I
By
,,��''''�� BRANDENBUR
/Co nty.Attorney
-2-
L I
K. Approval of .Resolution authorizing Execution of FEC
Railway License Agreement governing the 16th Street Grade
Crossing (Continued from 10/19/83 meeting)
ON MOTION by Commissioner SCurlock,
SECONDED by Commissioner Lyons, the Board
unanimously adopted Resolution 83-106,
authorizing the Chairman to execute the FEC
Railway License Agreement governing the 16th
Street Grade Crossing.
SAID LICENSE AGREEMENT ON FILE IN THE OFFICE OF THE CLERK
19
NOV 21983
NOV 2 1983
#0 55 rye,, x.86
RESOLUTION NO. 83- 106
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA AUTHORIZING
EXECUTION OF A LICENSE AGREEMENT WITH FLORIDA
EAST COAST RAILWAY GOVERNING THE 16TH STREET GRADE
CROSSING.
WHEREAS, the County is presently making substantial
improvements to the 16th Street corridor which will involve an
upgrading of the 16th Street grade crossing of existing Florida
East Coast right-of-way and tracks; and
WHEREAS, the County must execute a new License
Agreement with the Florida East. Coast Railway in order to upgrade
and expand the crossing, which agreement sets forth the responsi-
bility of the County to fund the placement and maintenance of
certain warning devices and crossing structures, among other
conditions and limitations; and
WHEREAS, it has been determined that the terms of the
agreement are reasonable and that execution of this License
Agreement is in the best interest of the citizens of Indian River
County, Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the foregoing
recitals are ratified and that the Chairman and Clerk are author
izedlIto execute and deliver two original copies of the proposed
Licemse Agreement attached hereto as Exhibit "A." The Public
Works Director is further authorized and directed to carry out and
abide by the requirements contained therein.
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 Margaret C. Bowman Aye
Commissioner Patrick B. Lyons Aye
Commissioner William C. Wodtke, Jr. Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 2nd day of November 1983.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By
RICHARD N. BIRD
Chairman
Attest:
FREDA WRIGHT .__.
Clerk
APPROVED AS TO FORM
AND LE U FICI Y
By
CHRIS PHER J. PAULL
Assistant County Attorney
NOV 2 1983
-2 - 8Qa!(
?w �. :
NOV 2 1983 155 nsdM
AMBERSAND AND ROUND ISLAND DUNE CROSSOVERS
The Board reviewed the following memo dated 10/24/83:
TO: The Honorable Members of the DATE: October 24, 1983 FILE: Nov. 2 Agenda
Board of County Comnissioners
THROUGH: Michael Wright,
County Administrator
VIA: James W. Davis, P.E., �v..
Public Works Director `
FROM: Donald G. Finneyl
Engineer Technician
DESCRIPTIONS AND CONDITIONS
SUBJECT: Ambersand and Round Island Dune Crossove
REFERENCES:
On July 5, 1983 the -,Florida Department of Natrual Resources informed Indian
River County that the Florida Legislature appropriated $51,630 to support
the County's efforts in dune preservation, pursuant to Chapter 161 Florida
Statutes. This grant, combined with $17,209 available from County sources,
brings the total project fund availability to $68,838. The project fund
by activity focuses on three areas:
1) Dune walkovers - $52,200;
2) Dune construction - $8,889;
3) revegetation - $7,750.
Further discussion with the Department of Natural Resources (DNR) regarding
the details of the grant brought out the fact that Indian River County would
shift the total available funds within the three activity areas. For example,
if construction of dune walkovers exceed the $52,200 figure, the County could
utilize the allocations originally earmarked for dune construction or revegetation.
Under the rules of the grant, the funds must be expended or under contract
for expenditure with the DNR prior to April 1, 1985.
The Parks and Recreation Committee on October 13, 1983. unanimously approved
the location and preliminary design of the dune crossovers at Ambersand Park
and Round Island Park, subject to site plan approval and DNR approval.
Ambersand Park
Construct a standard 6' wide x 70' long pressure treated wood crossover similar
to the Tracking Station crossover (without gazebo) and a wood mulch path
leading frau the parking area to the crossover. Estimated cost -$10,000.
Round Island
The local Catamaran Fleet #49 requested a crossover suitable for carrying
their sailboats across the dune. They originally requested Ambersand Park
but because of a very limited parking area, they have agreed that Round Island
Park would be a better location. A representative of DNR has visited both
sites and prefers the Round Island site for two reasons, 1) better access
and parking area, and 2) the natural washout is approximately 10 wide and
very adaptable to the 10' wide design for a sailboat and pedestrian crossover.
22
The design criteria calls for a 10' wide pressure treated wood crossover,
56' long without steps. It is my understanding that no crossover has been
constructed to date, in Florida, for sailboat or other small boats access
to the ocean. The DNR appears in favor of this type project and the design
is subject to their final approval. Estimated cost $18,000.
ALTERNATIVES AND ANALYSIS
If is apparent that a 10' wide ramp over the dune (without steps) makes it
very desirable to four—wheel drive and other vehicles to try to get on the
beach. They are currently using this access. The crossovers will eliminate
their access by constructing a barricade sign on the ends of the ramp, and
benches down the centerline of the ramp.
The other concern is that the sailboats and bathers be somewhat isolated
from each other. Several members of the sailboat fleet have assured me,that
they would keep to the south end of the beach, which would reserve the newly
acquired north adjoining property for bathing and picnic facilities.
The Fleet does a fine job of keeping the area they use at Sebastian Inlet
free of trash. They have placed 55 gallon trash barrels with the Fleet name
attached, along the area they use. The same could be utilized at Round Island.
The Fleet, although a non-profit organization, is willing to hold regattas
to raise money and to contribute a small cash donation, or help with labor
during construction.
RECCMMATIONS AND FUNDING
The following recommendations are presented:
1) Approve the location and preliminary design of the two crossovers.
2) Authorize staff to apply for permits.
3) Authorize staff to submit application for release of partial DNR grant
funds allocated for these two projects.
Chairman Bird reported that the Parks Committee
unanimously endorsed the approval of the construction of the
two crossovers and were very enthusiastic about the project.
County Engineer Technician, Don Finney, showed a few
slides of dune crossovers that have been constructed at the
Tracking Station Park and Sea Grape and Turtle Trail beach
accesses.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Wodtke, the Board
unanimously approved staff's recommendations
1, 2, and 3, re construction of dune
crossovers at Ambersand and Round Island Parks.
23
NOV 2 1983
x PAU 190a
NOV 21983 :. ► r4f190
Commissioner Scurlock asked if there was going to be
some protection to keep vehicles off the crossover at Round
Island since it is going to be wide enough to afford small
boats access to the beach. Mr. Finney stated that
barricade signs would be installed at both ends and benches
would be built along the center line of the dune crossover.
Commissioner Wodtke suggested that concrete slabs -be
used in the construction of the crossover to prevent vandals
from using the wood structure as firewood.
Public Works Director Jim Davis reported that the State
is reluctant to allow the use of concrete east of the
construction setback line, but he agreed to look into the
matter.
PROCLAMATION - BAND AID DAY
Chairman Bird read aloud the following proclamation
designating November 12, 1983 as "Band Aid Day" and
presented it to James M. Sammons, Band Director of Vero
Beach High School.
24
I
RCC L,' -"AT I C::
PROCLAMATION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, CO`24ENDING THE
VERO BEACH SENIOR HIGH SCHOOL "FIGHTING INDIAN"
MARCHING BAND
WHEREAS, the Cotton Bowl Council in Dallas, Texas has
announced that the VERO BEACH SENIOR HIGH SCHOOL "FIGHTING
INDIAN" MARCHING BAND has been selected to perform in the
nationally televised Cotton Bowl Parade on January 2, 1984; and
WHEREAS, the VERO BEACH SENIOR HIGH SCHOOL "FIGHTING
INDIAN" MARCHING BAND was selected from hundreds of applicants
nationwide by the Cotton Bowl Council through a screening process
which included recommendations from numerous Florida Band judges,
a review of performance tapes, and a performance and achievement
resume; and
WHEREAS, the appearance of the VERO BEACH SENIOR HIGH SCHOOL
"FIGHTING INDIAN" MARCHING BAND on nationwide television will not
only reflect the accomplishments of the Band, but also reflect
the support of all individuals and organizations of our
community; and
WHEREAS, the Governor of the State of Florida has designated
the VERO BEACH SENIOR HIGH SCHOOL "FIGHTING INDIAN" MARCHING BAND
as the State of Florida's representatives to the Cotton Bowl
festivities in Dallas ori January.2, 1984. 4 -
NOW, THEREFORE, BE IT PROCLAIMED THAT THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA does hereby
designate NOVEMBER 12, 1983, as "BAND AID DAY" and urges the
citizenry to participate in this prestigious event both in spirit
and financially, by supporting the Band.
BE IT FURTHER PROCLAIMED that the Board wishes to express
their pride and appreciation to the VERO BEACH SENIOR HIGH SCHOOL
"FIGHTING INDIAN" MARCHING BAND and their Director, James M.
Sammons, and all the staff fcr their many accomplishments.
BOARD OF COUNTY COP-LtiIISSIOP:ERS
INDIAN RIVER COUNTY, FLORIDA.
B
yTTES- .BY
R .' ' ••:''
FREDA L,'RIGHT, CLERK "r (� +y•
NOV 21983
25 BNA
PAU
r NOV 21983
55 192
PROCLAMATION - SCHOOL LIBRARY MEDIA WEEK
Chairman Bird read aloud the following proclamation
designating November 13-19, 1983 as "School Library Media
Week" and presented it to William Marine, Media Director,
Indian River County School Board.
26
P ROCLAP-IAT I CN
WHEREAS, the quest for knowledge by school children in
Indian River County is stimulated and developed through the use
of educational resources and services provided by SCHOOL LIBRARY
MEDIA programs,; and
WHEREAS, SCHOOL LIBRARY MEDIA programs provide
accessibility to a wide variety of necessary educational
materials such as books, films, records, tapes, instructional
television, and computer software, as well as the equipment
needed for their utilization; and
WHEREAS, SCHOOL LIBRARY MEDIA programs provide learning
activities designed to enhance reading motivation and to
establish the information skills necessary for lifelong learning;
and
WHEREAS, the- full potential of SCHOOL LIBRARY MEDIA
programs is dependent upon trained. professional library media
specialists whose varied skills assist teachers and students in
effectively using this wide range of learning resources; and
WHEREAS, it is fitting that special recognition be
given. to SCHOOL LIBRARY MEDIA programs and the role of SCHOOL
LIBRARY MEDIA specialists in education throughout Indian River
County;
NOW, THEREFORE, BE IT PROCLAIMED that the BOARD OF
COUNTY COMMISSIONERS of Indian River County, does hereby
designate November 13-19, 1983 as SCHOOL LIBRARY MEDIA WEEK in
Indian River County, and encourages all citizens to become aware
of the contributions made by SCHOOL LIBRARY MEDIA programs in our
schools.
ATTEST:
Fre-da trrig::t, clerk
BOARD OF COUNTY COMMISSIONERS
INDIA14 RIVER COUNTY, FLORIDA
RICHARD N. BIRD, CHAIRMAN
N O V 21983 27 BOOK
5 FA Q193"
r-
Nov 2 lass
Box 55 PA'U 194
PROCLAMATION - VETERANS DAY
Chairman Bird read aloud the following proclamation
designating November 11, 1983 as "Veterans Day in Indian
River County" and presented it to William S. Stevenson,
Commander of the Veterans of Foreign Wars and Adjutant of
the local chapter of the Disabled American Veterans.
28
M
P R O C L A M A T I O N
WHEREAS, of all the important days we celebrate during the
year, few are more worthy of special observance than VETERANS
DAY; and
WHEREAS, citizens of our nation and state live in freedom
todav because 6f -the contributions and sacrifices made by the men
and women who served in the armed forces when our freedom was
challenged; and
WHEREAS, today, more than a million Florida VETERANS
continue their dedication to the highest ideals of Americanism to
strengthen the fortress of our prized national freedom; and
WHEREAS, we can never repay our debt to our VETERANS, for
it is beyond any tangible price, but we can show our gratitude
for their exemplary deeds;
NOW, THEREFORE, -BE IT PROCLAIMED THAT THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA HEREBY DESIGNATES
FRIDAY, NOVEMBER 11, 1983
AS
VETERANS DAY IN INDIAN RIVER COUNTY
and
BE IT FURTHER PROCLAIMED that the Board urges all citizens
to remember and be thankful of Florida's VETERAN servicemen and
servicewomen for the devotion they have shown their community,
state and nation.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
ATTES �' :
Freda tirigiiL, C l r}:
29
L_ NOV 2193
Richard N. Bird, Chairman
BOON S - rnd-95
r NOV 21983
55 PACE 196.
PROCLAMATION - FESTIVAL OF THE ARTS WEEK
Chairman Bird 'read aloud the following -proclamation
designating the week of November 7-12, 1983 as "Festival of
the Arts Week" and presented it to George Armstrong, Presi-
dent of Alliance for the Arts, Inc.
30
P R O C L A M A T I O N
WHEREAS, The Center for the Arts will sponsor a
FESTIVAL OF THE ARTS WEEK; and
WHEREAS, 8,000 or more public, private and parochial
students will be bussed to the Civic Arts Center grounds for a
stimulating learning experience with a visit to the Museum, in a
Tent featuring "Spain and Cultures of the New World"; and
WHEREAS, the FESTIVAL OF THE ARTS WEEK will culminate
in a full Children's Art Festival on Saturday, November 12; and
WHEREAS, the FESTIVAL OF THE ARTS is a gift of the
Center for the Arts to this area, and is one of our finest public
relations exposures; and
WHEREAS, the FESTIVAL OF THE ARTS gives Indian River
County recognition as a focal point of culture and art
appreciation all along the east coast of Florida; and
NOW, THEREFORE, BE IT PROCLAIMED by the BOARD OF COUNTY
COMMISSIONERS of Indian River County, that the week of November 7
through November 12, 1983 be designated as
FESTIVAL OF THE ARTS WEEK
BE IT FURTHER PROCLAIMED that the BOARD OF COUNTY
CO`'IMISSIONERS of Indian River County commends the fine efforts of
the Center for the Arts in stimulating the participation and
interest in the visual and creative arts by the young citizens of
the County.
ATTEST:
moi', i /li•. /fir' a �-
Freaa ;rric3ilt, c. irk
31
� NOV 2193
BOARD OF COUNTY COMMISSIONERS
INDIciN RIVER COUNTY, FLORIDA
1,7
RICHARD i1. BIRD, CHAIRMAN
N OV 2� 193
PROPOSAL FOR CONTRACT FOR PLANNING SERVICES - COUNTY ZONING
CODE
The Board reviewed the following letter dated 10/27/83:
LESTER L. SOLIN. JR. AICP SOLIN AND ASSOCIATES, INC.
PRINCIPAL AREA CODE 305
PLANNING CONSULTANTS 567.3334
1201 1 Sth PLACE, SUITE 10 1
VERO BEACH. FL 32960
October 27 1983
Mr. Gary Brandenburg, County Attorney
County Administration Building
1840 25th Street
Vero Beach, Florida 32960
Dear Mr. Brandenburg:
This proposal is submitted as a result of our discussion on October 25, 1983.
The attached proposal describes my firm's interest in pri�viding technical
assistance to the County staff in amending the County Zoning Code. The proposal
also expresses our desire to assist Indian River County in the preparation of
any other, studies, reports, or ordinances which may be needed in order to
effectively implement the County's Comprehensive Plan pursuant to Section
163.3201, Florida Statutes.
Solin and Associates, Inc. (SAI), has a strong interest in serving the public
sector. As Principal of SAI, I personally have over fifteen (15) years of
planning experience with the public sector, seven (7) years in the capacity of
Planning Director. In addition, in a consulting capacity Iny firm has had
considerable growth management experience working with other coastal and barrier
island areas in Florida which are also experiencing severe growth pressures
similar to those of Indian River County. For instance, during the last two (2)
years SAI has prepared Comprehensive Plans and/or Land Development Codes for
such cities and counties as: The Town of Longboat Key, West Palm Beach,
Sebastian, Port St. Lucie, and Martin County. Solin and Associates, Inc., has
recently received professional recognition for their work on the Martin County
Comprehensive Plan, when both thi {aunty -and 'Al were the recipients of a 1983
Award of Merit presented by ;:he �(,.Lewide Jury Awards Committee of the Florida
Chapter of the American Planning Association. A brochure describing the Martin
County Comprehensive Plan is enclosed.
SAI's track record is evidence of our commitment to assist local government in
managing development options by pr•evidiny highly qualified technical assistance
to staff and local off ...is. SAI is particularly interested in working with
Indian River County, since we perceive a local conunitrnent to growth management.
In addition, Indian Ri :r~ County i� confronted with a myriad of challenging
planning issues ul-iderlying implementation of policies within the- Comprehensive
Plan such as: the need for an effective plan implementation program; the desire
to utilize a variety of impact assessment ordinances for equitably funding costs
associated with future growth; the necessity to establish wetland and aquatic
land preservation policies; and the potential need to coordinate County policies
with the Governor's "Hutchinson Island Growth Management Study".
Our firm looks forward to working with you in providing necessary technical
assistance in a manner which is responsive to the unique planning needs of
Indian River County.
Very tr ours,
Lester in, P
Principal, Solin and. Associates, Inc.
32
I
Attorney Brandenburg presented the proposal from Solin
and Associates Inc. to provide planning services to the
County to assist in amending the County Zoning Code.
Commissioner Wodtke asked if there was any maximum set
on the cost of the services proposed by Solin and
Associates;.Inc., and Attorney Brandenburg advised that the
Board could set any limit it wished.
Discussion followed as to the proper account to
allocate the cost for these services, and Commissioner Lyons
felt that if we are saying the Planning & Development
Division does not have the necessary people to handle this
work, the cost of hiring outside assistance belongs to that
department.
Commissioner Scurlock stated he favors this approach
because he does :not want to add 5-6 people to the. County
payroll permanently.
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Scurlock, the
Board unanimously authorized the Legal Dept.
to contract with Solin and Associates, Inc.
to provide planning services to the County at
an amount not to exceed $10,000 to be budgeted
from the Planning & Development Division.
SAID PROPOSAL IS ON FILE IN THE OFFICE OF THE CLERK
LETTER OF AGREEMENT WILL BE MADE PART OF THE MINUTES WHEN EXECUTED.
DISCUSSION RE COUNTY -WIDE UTILITIES RATE HEARING
Attorney Brandenburg explained that, they have not
received the information necessary to properly advertise the
county -wide utilities rate hearing tentatively scheduled for
November 22, 1983, and he, therefore, recommended the
meeting be rescheduled. The Attorney suggested that the
Chairman and other members of the Board get together to
33 r. ..
NOV 2 1983 55 PAU1
N 0 V 2 1983 10.09: 55 PUE2 _.
decide on an acceptable date on which to reschedule the
meeting.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Wodtke, the Board
unanimously agreed to postpone the rate
hearing and authorized the County Attorney to
set an acceptable date and advertise the hearing.
PUBLIC HEARING - FRANCHISE REQUEST FOR CITRUS
UTILITIES/REFLECTIONS ON THE RIVER
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:v
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida _
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
in the matter off
in the
r�Court, was pub-
lished in said newspaper in the issues of .h A5 , /�d
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 th's day of � A.D. 19 13_
OeA 'tt�
(BU r ss anager)
(SEAL) (Clerk of the Circuit Court, Indian RWer County, Florida)
NOTICE OF PUBLIC HEARING
A public hearing will be held November 2,
1983, 9:00 a.m., in the Chambers of the Indian
River Board of County Commissioners to dis-
cuss a franchise request for Citrus Utilities,
Inc./Reflectons on the River, a multi -family
development located west of the Indian River,
east of U.S. Highway x1 and north of Island
Harbor Road in Sebastian, Florida.
The proposed rates for this water and
Wastewater franchise are:
WATER WASTEWATER
Connection-$375.00/unit $375.00/unit
'Base Rate-13.00/month 13.00/month
i3al. Rate -1.75/1000 gat. 1.75/100 gal.
EXPLANATION OF RATES:
TYPE OF CHARGE & DESCRIPTION
Connection — Payable at time a certificate
of occupancy is issued for a unit and prior to
any service being provided.
Base Charge Monthly cost of service
payable by all units which have received a
certificate of occupancy, regardless if service
is provided.
Wastewater Gallonage Rate Monthly
cost of wastewater treatment, payable by all
units which are serviced each month. The
cost is based on the gallonage used, ex-
pressed in thousands of gallons times the rate
(minimum of 3000 gallons per month).
Water Gallonage Rate — Monthly cost of
water which will be paid by all units which are
serviced each month. The cost is expressed
In thousands of gallons times the rate (mini-
mum of 3000 gallons per month).
All interested persons are invited to attend.
If any person decides to appeal any decision
made by the Board of County Commissioners
with respect to any matter considered at this
meeting, he/she will need a record of the pro-
ceedings, and that for such purpose he may
need to ensure that a verbatim record of the
proceedings is made, which record includes
the testimony and evidence upon which the
appeal is 10 be based.
Richard N. Bird, Chairman
Board of County Commissioners
Oct., 25,198&
I
The Board reviewed the following memo dated 10/21/'83:
TO: The Honorable Members of DATE: October 21, 1983 FILE:.
the Board of County Commissioners
THROUGH: Terrance G. Pin t��
Utility Services D eer
SUBJECT: CITRUS UTILITIES, INC.
• FRANCHISE APPROVAL
Agreement between General
FROM: Joyce S. Hamilton Ci
REFERENES: Development Utilities, Inc. ,
Administrative Ass Stant _ & Reflections on the River,
Utility Services Inc.
DESCRIPTION AND CONDITIONS:
Citrus Utilities, Inc., is the utility company which will provide
utility service to Reflections on the River, a multi -family
development located west of the Indian River, east of U. S. Highway
#1, and north of Island Harbor Road in Sebastian. Reflections
on the River, Inc., has an agreement with General Development
Utilities, Inc.,(hereinafter referred as GDU) to purchase both
water and wastewater services from GDU for this development.
GDU is franchised by the City of Sebastian (due to their being
located within the city limits) to operate water and wastewater
treatment facilities.
ALTERNATIVES AND ANALYSES:
The proposed rate structure is as follows:
WATER WASTEWATER
Connection $-375.00/unit :_$375.00/unit
Base Rate 13.00/month 13.00/month
Gallonage Rate 1.75/1000 gallons 1.75/1000 gallons
It is staff's opinion that it is more cost effective for Reflections
on the River to purchase water and wastewater services from an
existing system than to build separate facilities.
RECOMMENDATION:
Staff recommends approval of franchise resolution.
Utilities Director Terry Pinto presented staff's
recommendation for approval of the franchise resolution.
Commissioner Scurlock wanted to make sure that when the
initial rate structure is established, it is sufficient to
carry the burden, because if it is inadequate to support the
operation of the system and a tremendous rate increase is
needed sometime down the road, then this chamber is filled
with irate people.
NOV 21983
35 Q
�4Q( -455
NOV 21983
Aga 5
Director Pinto explained that when they reviewed the
rate structure, they tried to carry it out to completion of
construction. There is no question that in the early years
it has to be subsidized by the developer only because there
are unoccupied units. Another consideration is that all
operating costs are projected costs; in this case, it is a
little better because we know exactly what the water is
going to cost them because they are contracting with an
operating utility. There will be situations where after
several years or even a year in service, we will have to go
back and look at operating costs to see if they are as
projected, and then possibly ask for an adjustment.
Director Pinto confirmed that there is a direct flow
through provision in the utility resolution that when a rate
increase is addressed by the City of Sebastian, it does not
have to come before this Board. Commissioner Lyons asked
if they have any rate hearings scheduled now with the City
of Sebastian that would affect this, and Director Pinto
answered that they just went through_a rate hearing and were
instrumental in setting the rates that are going to be
charged to Reflections. The legal situation involved with
the City of Sebastian is that of selling water outside the
city. The County can regulate Citrus Utilities itself, but
the City of Sebastian has to regulate the production and
sale of water within Sebastian.
Commissioner Scurlock asked if depreciation stops at
the 7th year, and Director Pinto stated that depreciation
does not stop, it just goes on -until it is depreciated out.
Commissioner Scurlock asked Attorney Brandenburg about
the distribution system and Attorney Brandenburg explained
that apparently this line is being considered as an off-
site line and has been tossed in as part of the buy-out
provision should the County desire it. The Attorney stated
that the County usually requires the developers to give all
M
on-site distribution and collection systems; the on-site is
at the point of delivery to their property.
Commissioner Scurlock wanted the language contained in
all franchise agreements to be consistent.and suggested that
the third sentence under (2) on page 11 be deleted: "In
conjunction -,with the water and/or wastewater off-site lines
purchase, the County shall also purchase necessary land
areas _upon which the lines are located at the then fair
market value of the real estate." He also suggested the
deletion of "appurtenant real estate" in the following
sentence and this then would read, "Upon acquisition of the
water and/or wastewater off-site lines, the County would
then own the entire water and/or wastewater system and would
terminate this franchise and provide water and/or wastewater
utility service to -the franchise territory." Another change
suggested was that the last sentence on page 11 should read,
"County would receive easements for all lines at no charge.
He also suggested that under (3) on page 12, the first
sentence should read, "In the event of acquisition of
off-site lines by the County, or the utilization of the
County's own plants, the County shall receive the water
distribution and/or wastewater collection system free of
cost and in good repair, wear and tear excepted."
Chairman Bird felt that if we continue to approve
franchises throughout the County there probably will be
inconsistencies, but each one will stand on its own merits
as far as rates are applicable to that particular structure.
Commissioner Scurlock again emphasized his concern that
we make sure the initial rate structure is sufficient to
carry the system and felt we have to stop thinking
"developer" and start thinking "utility." He noted that the
Board is not singling out Reflections; these are very
serious considerations in granting any franchise.
37
NOV 21993
L_
NOV 2 1983
tis ?AFf4
Attorney Brandenburg reported that Director Pinto has
ascertained that the agreement between Reflections and GDU
is assignable, with GDU's permission. He suggested that we
obtain a copy of that agreement prior to the Chairman
executing the franchise agreement.
The Chairman opened the Public Hearing and asked if
anyone wished to be heard in this matter.
Mrs. Day, 10 Island Harbor Road, Sebastian, resident
living on the road along side of Reflections, stated that
they are principally interested in the location of the
wastewater plant because if it is to be located on site, it
would have to be within 50 feet of the shoreline. Director
Pinto explained that there is not going to be any plant,
just a distribution system, and the GDU plant is a
considerable distance away.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Bowman, the Board
unanimously closed the Public Hearing.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Wodtke, the Board
unanimously adopted Resolution 83-107
approving a franchise agreement, as amended in
the above discussion, for Citrus Utilities, Inc.
to provide water and wastewater services to
Reflections on the River including the transfer
to Citrus Utilities, -Inc. from -General
Development Utilities.
RESOLUTION 83-107 WILL BE MADE PART OF THE MINUTES WHEN IT
IS COMPLETED At -ED RECEIVED
REQUEST FROM ENNESSY BUICK TO DISCUSS LURIA'S PLAZA, SITE
PLAN APPROVAL
The Board reviewed the following letter dated 10/19/83:
DAVID F. ALBRECHT
PROFESSIONA(. ASSOCIATION
'ATTORNEY AND COUNSELOR AT LAW
PROFESSIONAL. BUILDING
2005 - 15TFt AvENtit•.
TF.I.EI'ItONE:
(305) 562-8713
Gary M. Brandenburg,
County Attorney
1840 25th Street
Vero Beach, Florida
Re:
October 19, 1983
Esquire
32960
P014T OFFICE BOX 21-158
VERO BEACIL. FMRiD'�
32981-2.58"
Ennessy Buick -Cadillac, Inc./Luria's Shopping Center
Dear Mr. Brandenburg:
This letter is to review circumstances and developments
concerning the interest of my client, Ennessy Buick -Cadillac,
Inc., and the owner of the property immediately south of the
Luria's Shopping Center. My clients have an interest in the
development of the Luria's Shopping Center and all property
adjacent to it.
Quite some time ago, my clients took every measure thought
reasonable to place the county, all of its employees, its staff
and the Planning and Zoning Commission on notice that they wan-
ted to be heard on all matters concerning site plan application
and approval for the Luria's Shopping Center, the adjoining
mobile home section immediately to the north thereof, and the
Russell Concrete Road between my clients' property and the
Luria's property.
In May, my client, Ennessy Buick -Cadillac, Inc, through
its President, Mr. Pierce R. Ennessy, personally reviewed and
made known its position concerning the Luria's property, with
Mr. Bruce King. Basically, my clients wanted to know of any
and all developments concerning the construction, approval,
site plan approval and development of the above -referenced
properties. My clients wanted to be heard and wanted their posi-
tions to be known and made a part of any decision concerning
development of those properties. Mr. King was aware of these
requests and positions,and informed them that they would re-
ceive actual and written notice of all matters and hearings
to be held and brought before the Planning and Zoning Com-
mission -on any site plan application, change or modification.
Unbeknownst to my clients,the site plan application was
apparently heard and approved on September 8, 1983. Although
Mr. Ennessy called the Planning and Zoning Commission staff
various times, and requested to be kept informed, and requested
notice of all such hearings, he was never notified of the
meeting and was therefore not allowed to present his concerns
and position nor allowed to protect his company's interest in
any manner. My clients have a considerable amount of money in-
vested in their property, buildings and overall appearance thereof
It is apparent that although they did everything within, reason to
place the County on notice and thereafter relied on your em-
ployees statements and representations that notice would be
given, there never was any apparent input from or contact with, my
clients. In other words, the County either ignored or overlooked
their substantial concerns, matters, interests and welfare. •,.
env 2193 39
"
J
r NOV19
2 83
5 rAui 20
The first time we even suspected there had been a
site plan hearing, or that the site plan had been approved, was
when Mr. Ennessy noticed fill dirt had been dumped on the F-1
parcel to within 15 feet of the sidewalk. Through calls and
inquiries on October 11th, we were informed the site plan had
been approved and that all permits for building and beginning
of construction had been issued. Thereafter, he and I met with
you and Mr. Michael Wright on October 13th in Mr. Wright's office.
During our meeting, we presented our position as to lack
of notice in the taking of my clients' property rights and in-
terests. My client requested and was promised notice; none was
given. The granting of the site plan without notice to my client
under these circumstances, especially when a county employee
assured notice would be given, constitutes the taking of my clients'
Property rights and interests, and affects their property values
without due process. Furthermore, the granting of the site plan,
because of the dangerous situation caused by the uniqueness
of the Russell Concrete road, creates a hazard and danger
to the public welfare. The lack of due process and the fact
that the allowance of the site plan blocks the view, safety,
accessibility, value, overall aesthetics and advertising
display of my client's property; is no less a property right
infringement even though it is an intangible that is being taken.
During our meeting I presented our position that we felt
we had sufficient grounds for the County Commission to tempor-
arily abate the site plan approval in order to hear and con-
sider my client's'position on the issue of the granting of an
appeal and the presenting of our position as to the site plan.
However, you informed me that there was. little or nothing that
could be done because the 10 day appeal time had expired.
For the most part, the time in which an appeal may be
brought is absolute and final, but those are usually matters
where all parties have had their say, stated their position and
have had a determination on all of the evidence and facts. In
many cases, appeal times have been extended on various grounds
such as newly discovered evidence, excusable neglect, lack of
proper parties, mistake in the evaluation of the facts making
up the final determination, and equity. In informing you that
we would request an emergency appeal before the County Com-
mission, you informed me that a simple written request was all
that was necessary, and, that it would probably be the position
of your office that the appeal would either not be granted or
would simply be denied. Regardless, and in order to he in a
position to exhaust my client's remedies, and to lay the proper
predicate for protecting its position and interests, an emer-
gency hearing is requested to determine if my client should be
allowed to present its position before the full Commission
as to whether or not an appeal on the approval of the site
plan should be granted, and,•whether or not the current site
plan approval should be temporarily withheld pending a full
and re -consideration of the site plan. This request is for-
warded to you in your capacity as attorney for your client,
Indian River County, Florida, and the Indian River County
Board of County Commissioners..
Regardless of what the position of your office or of
the County may be, my client is currently evaluating its
position and potential remedies and courses of action in all
matters which have occurred to date. Regardless of what my
client's position might be, and regardless of what action may
be taken concerning the County Planning and Zoning Commission,
the County Staff, the Luria's site plan approval, the Russell
Concrete Road, the mobile home parcel immediately north of and
adjacent to the Luria's Center, my client wants to be actually
and formally notified of any and all.matters whatsoever con-
cerning any and all such properties. As attorney for the
County of Indian River, you are hereby placed on notice and
should accept this letter as our formal request for actual
written notice on all such items. All such information and
notices should be directed as follows:
_ _ �40
Mr. Pierce R. Ennessy, President
Ennessy Buick -Cadillac, Inc.
1401 S. U.S.rI
Vero Beach, Florida 32960
Telephone - 562-1700
By signed copy of this letter to Esther Reimer, Super-
visor of the County Building Department, to Michael Wright,
County Administrator, Carolyn Eggert, Chairman of Planning
and Zoning Commission and to Mary Jane Goetzfried, member
of the Planning and Zoning Commission staff, we are inform-
ing all of -them, and their respective departments of our
actual written request for such notice.
Thank you for your time and consideration.
Si nc;erel:y+,
I
tiavi.d F: Al b�-echt
David F. Albrecht, Attorney representing Ennessy
Buick—Cadillac, Inc., explained why he felt his client had
just cause to be heard in an appeal of Luria's Shopping
Plaza final site_ plan approval. He stressed that Bruce
King, former Community Development Director had promised to
notify Mr. Ennessy of the date on which the final site plan
would be heard, and apparently, it fell through the cracks
at the time of Mr. King's resignation from the County.
He realized that the 10 -day appeal has expired, but felt
that this situation was an exception, and respectfully asked
the Board to allow his client to appeal the site plan.
Attorney Brandenburg explained that he had informed Mr.
Albrecht that, in his opinion, the Board could not legally
grant Mr. Ennessy's request to be heard in an appeal. The
County Zoning Code does not require any personal notice be
given and the site plan hearing of September 8, 1983 by the
Planning and Zoning Commission was properly advertised.
Administrator Wright advised that there would be
considerable expense involved in notifying surrounding
property owners of site plan hearings. They are considering
posting properties in the future.
Commissioner Wodtke was disappointed that there is no
41
NOV 2 1983
e K55, ?Au 207
NOV 21993 s:
Dom(
avenue, short of court action, for Mr. Ennessy Is appeal to
be heard.
Commissioner Lyons felt that the County has done
everything properly and though he does not like the setbacks
on U.S. #l, he did not see any possible way for Mr. Ennessy
to appeal the approval of Luria's site plan.
Chairman Bird stated that even if the Board would grant
the request to hear the appeal, he was not sure that this
Board would have the ability to go in and overturn a site
plan approval unless it was granted improperly, and staff
feels it was done properly.
MOTION WAS MADE by Commissioner Scurlock,
SECONDED by Commissioner Bowman, that the
Board deny Ennessy Buick -Cadillac, Inc.
their request to appeal the Luria's Shopping
Center site plan approval.
Commissioner Wodtke asked if there was any possible way .
that the appeal could be heard and Attorney Brandenburg also
Sympathized with Mr. Ennessy's position in this and wished
he could find a way to hear it, but that would be opening up
every site plan that has been approved. He could not see
rendering an opinion to allow appeals to be heard forever.
Commissioner Bowman felt that it was a shame that Mr.
Ennessy was not notified, but agreed that the. County has
done everything properly. She suggested that Mr. Ennessy's
only alternative would be to -discuss this directly with
Luria's.
THE CHAIRMAN CALLED FOR THE QUESTION.
The Motion was voted on and carried unanimously.
42
SPACE FOR NEIGHBORS HELPING NEIGHBORS
The Board reviewed the following memo dated 9/28/83:
TO: County Commissioners DATE: September 28, 1983 FILE:
Michael Wright, Administrator
Gary Brandenburg, Attorney
Tommy Thomas, Director
FROM: Patrick B. Lyons
SUBJECT: Neighbors Helping
Neighbors Organization
REFERENCES:
I had planned to ask for reconsideration of our action which
could have provided free space and telephone to the above
organization. However,, the problem no longer exists since space
N is not available. Therefore, I will not ask that the item be
• agended at this time.
Nevertheless, the situation did raise a question as to our
policy in connection with requests for aid to people who contact
us and need 'help. I understand that Mr. Wright is going to
review and formalize the policy and plans to present it to the
Commission at an early date.
Commissioner Lyons urged the Board to reconsider their
intention to provide office space and telephone space to
Neighbors Helping Neighbors. He felt that if the County
provided this type of assistance to one organization or
agency, it would not be able to refuse another. He
suggested, instead, that the Welfare Department refer
appropriate calls to Neighbors Helping Neighbors.
NOV 21993
L
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Bowman, the Board
unanimously reconsidered their previous
discussion in the meeting of 9/21/83 and
instructed the Welfare Dept. to place Neighbors
Helping Neighbors on their referral list for
appropriate calls.
43,
Bf #( 55 w 9
N OV 21993
55 fAC1,210''
Mr. Alison De Genero, organization spokesman, stated he
was satisfied with the decision. He felt that in order to
help people help themselves, you have to stop giving them
fish and teach them to fish.
REQUEST BY MRS. ELIZABETH PETERSON TO DISCUSS GIFFORD WATER
RATES
The Board reviewed the following letter dated 10/26/83:
October 26, 1983
To whom it may concern:
My Name is Elizabeth Peterson, and I would like to meet
with the County Commissioner concerning the amount of
monthly water bills. You may contact me at 567-7515,
to set up an appointment.
Thank you,
Mrs. E. Peterson
Mrs. Elizabeth Peterson, 4726 35th Ave., appealed the
high water bills being received by Gifford area residents.
She stated that people were receiving $50 and $60 bills and
that is only for water`since they don't have sewers.
Chairman Bird explained that the Utilities Dept.
computes their charges by multiplying the gallons of water
used by the established rate.
Utilities Director Terry Pinto noted that Mrs.
Peterson's bill was for a considerable amount of water, and
water consumption is high in that area. There is literature
available in the Utilities Dept. office which recommend
44
methods to conserve on water use, such as checking for
drips, which could use 100 gallons a day.
Commissioner Scurlock explained that the water system
is not paid for by tax dollars; it is paid for by the users,
and the only relief the Commissioners can give is to suggest
ways to cut..water consumption.
Commissioner Lyons also felt that Mrs. Peterson's usage
of water seems very high for a small family and suggested
that we send a utility worker out to check the meter, etc.,
to try and determine if there is a leak somewhere.
Director Pinto explained that the Utilities Dept. does
have an on-going program of checking for leaks in homes that
are using an excessive amount of water.
Mrs. Peterson felt that the Board did not understand
her complaint. Itis not the amount of water; it is the
rates that are too high.
Director Pinto noted that.the minimum charge is $9 for
2,000 gallons of water, and Mrs. Peterson's account averages
about 12,000 gallons a month, ranging from 9,000 per month
up to 20,000 gallons. He felt certain that there is water
being wasted.
It was explained to Mrs. Peterson that the County had
to take over this water facility and now has to charge what
it costs to offer water to the people in that area; i.e., to
pump, chlorinate, maintain the lines, read meters, send out
bills, etc. The present rates are what is needed just to
break even. When the County took over that system, they
charged a flat rate for everybody, but because some people
took advantage of this to use unreasonable amounts of water,
the County then had to charge on a usage basis.
Director Pinto still felt certain that Mrs. Peterson
was losing water somewhere, and Commissioner Wodtke believed
that Mrs. Peterson's water bill should be about $30 a month
45
NOV 21983
rNOV 2 1983 •
5-5ria .
��.
for 4 people and agreed that water was being wasted
somewhere.
Mrs. Peterson stated that one resident of the area has
paid bills as high as $600 for one month, and she is here
for help for those people in Gifford who cannot afford these
high water bills.
Chairman Scurlock announced that the County will soon
be scheduling a county -wide rate hearing.
Chairman Bird assured her that the County would do
everything possible to help to find leaks and recommend
conservation measures, but the Commission cannot sit here
today and lower the water rates.
Mrs. Peterson stated that as she understood it, the
rates will not be changed today and that they will stay the
same. However, Commissioner Lyons clarified that they will
stay the same for "today", meaning there was a possibility
of an increase in the near future.
DEPT. OF EMERGENCY MANAGEMENT - (CIVIL DEFENSE DEPARTMENT)
The Board reviewed the following memo dated 10/11/83:
TO: The Honorable Members of DATE: October 11, 1983 FILE:
the Board of County Commissioners
FROM: Michael Wright
County Adminis
r
SUBJECT: CIVIL DEFENSE RELOCATION
REFERENCES:
Several months ago, Sheriff Dobeck expressed an interest
in assuming control of the Civil Defense Department when Lee
Nuzie retires. Mr. Nuzie plans to retire November 30, 1983
and I have deliberately not filled the vacant position of
Assistant Civil Defense Director. In addition, there are one
and a half clerical positions in the department.
I asked Sheriff Dobeck to submit a proposal to the Commis-
sion outlining the advantages, disadvantages and cost savings
of relocating the department. Hopefully, this proposal can be
scheduled for the November 2nd meeting.
HM
If the decision is made not to transfer the department, my
immediate plans are to place the operation under Community Ser-
vices Director Tommy Thomas and only fill one of the two positions.
The other position can be filled if it's needed and only
after a thorough analysis of the existing and future needs.
At this point, I have no opinion as to whether the depart-
ment should be transferred or remain under direct Commission
control. There are pros and cons associated with either proposal
and I will be providing you with additional information in the
near future.
Sheriff Dobeck emphasized` that it was not their intent
to imply that the Civil Defense office was not doing a job
job. They simply had a study done to see if the Civil
Defense Department could be incorporated under the Sheriff's
Department, and as a result of that study, he recommended
that the Civil Defense Department remain with the County.
Administrator Wright expressed his preference to
incorporate the department into the Community Services
Division under Director Thomas, and to proceed immediately
to hire a new Civil Defense Director. He reported that they
have advertised the position and have received responses
from many good applicants.
Civil Defense Director Nuzie informed the Board that
there are volunteers present who would like to express their
feelings about this matter. He asked that the role the
Sheriff's Department would play in relation to Civil Defense
be clarified.
Chairman Bird explained that the Civil Defense
Department would stay the same and the Sheriff's Department;
would be coordinating and assisting. Civil Defense in the
same manner as they have in the past. He stressed that this
Commission in no way wants to diminish the efforts of the
volunteers, and Sheriff Dobeck agreed.
Mr. Nuzie was glad to hear that Sheriff Dobeck would
continue to help because without an active law enforcement
agency, there could not be civil defense preparedness.
47
N O V 2 1983 ea 5�as�3:
NOV 21983
so 5 ?Ag2.4
Commissioner Scurlock felt there had been a lot of
misunderstanding and that the whole situation had gotten out
of hand when Mr. Nuzie announced his retirement. He stated
that he had received many calls in regard to the possibility
of the Sheriff's Dept. taking over the Civil Defense Dept.
and he had to explain to them that the matter has yet to
come before the Board.
Commissioner Wodtke suggested that we fill Mr. Nuzie's
position very soon in order to send the new man to represent
Indian River County at the forthcoming nuclear exercise
which will be attended by people from all over the world.
Mr. Wilford Deeds, Civil Defense volunteer, expressed
his relief that the Sheriff's Dept. would not be taking over
the Civil DefenseDept. He hoped that an independent person
would be chosen to fill Mr. Nuzie's position and not a
political person. Mr. Needs believed we all owe Mr. Nuzie a
great deal of appreciation for all the years he has put in.
Mr. Wayne Kroegel stated that he has been associated
with the Civil Defense Dept. for the -last few years and has -
worked with the nuclear exercises; he continued that he has
never seen such a dedicated group of volunteers or a more
dedicated man than Mr. Nuzie as a Civil Defense Director.
He felt that Mr. Nuzie with his indepth background should be
consulted in the appointment of a new director, and
expressed the belief that Mr. Nuzie is disappointed because
he has not been consulted regarding his replacement.
Administrator Wright explained that staff have just
begun to evaluate the applicants. He also wanted to explain
that they didn't single out the Civil Defense Dept. as they
have been going through all the county departments.
Apparently, it is felt that this department is operating
well.
fl
n:
_I
PURCHASES FROM SHERIFF'S SEIZURE FUND
The Board reviewed the following memo dated 10/26/83:
October 26, 1983
Honorable Dick Bird, Chairman
Board of County_Commissioners
1840 25th.Street•
Vero Beach, FL 32960
Dear Dick:
I would like to be placed on the November 2nd meeting agenda to
discuss the following items.
Z. The possibility of the Indian River County
Sheriff's Department absorbing the respon-
sibilities of the Civil Defense operations.
2. The purchase of a vehicle, i.e. (Z) 1984, V-6
S-10 Chevrolet pickup truck to be utilized by
the County as an additional animal control
vehicle.
3. The purchase of radar units for the Florida
Highway Patrol stationed in our county.
4. The purchase of radio equipment to upgrade our
current system of communication.
Each proposed subject should take an estimated 5 minutes and I
would like to have a brief period for open discussion. I believe
one hour would be sufficient.
Respectfully,
R. T. "Tim" Dobeck, Sheriff
Indian. :River County
New Animal Control Vehicle
Sheriff Dobeck recommended the purchase of a new
vehicle to be used in animal control and funded out of the
Sheriff's seizure fund. It would be turned over to
Community Services Division. He proposed a new vehicle
costing $8,000 plus radio, etc., and he is recommending that
the Commission authorize an expenditure for this purpose not
to exceed $10,000.
49 gOJK. 55 21-5-
'L NOV 21983
NOV 21983,
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Scurlock, the Board
unanimously approved the purchase of a 1984,
V-6 S-10 Chevrolet pickup truck to be utilized
by the County as an additional animal control
vehicle; to be funded from the Sheriff's seizure
fund at a cost not to exceed $10,000.
Highway Patrol Radar Units
Sheriff Dobeck explained that Indian River County works
very closely with the Florida Highway Patrol and has a very
good rapport with them. The Sheriff's Dept. recently has
received $60,000 as a result of seizures, citations, etc.,
made by the -`Florida Highway Patrol in Indian River County,
and he would like to recommend that the County authorize the
purchase of 4 radar units to be given to the Highway Patrol
for appropriate use in Indian River County.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the Board
unanimously authorized the purchase of 4
KR -10 radar units at a cost not to exceed
$6,000, to be given to the Florida Highway
Patrol for appropriate use in Indian River
County; funds to come from the Sheriff's
seizure fund:
Upgrading Radio/Communications-System
Sheriff Dobeck explained that he would like to upgrade
their current system of communication. At present, the
Sheriff's Dept. has 18 hand-held radios and he would like to
recommend that 34 additional "walkie talkies" be purchased
to allow all officers on duty to be in touch with
headquarters when they are not in their radio -equipped
50
vehicles. He felt that the hand-held radios could be
purchased for approximately $53,000, with the money to come
from the seizure fund.
Commissioner Wodtke asked about maintenance and Sheriff
Dobeck stated that we have one-year free maintenance and
they have experienced very good service on their radios.
ON MOTION by Commissioner Wodtke,
SECONDED by Commissioner Scurlock, the Board
unanimously authorized the purchase of 34
additional hand-held radios at a cost of $53,000
to be paid for out of the Sheriff's seizure fund.
Donation of Proceeds from Sale of Confiscated Cessna to
Sebastian Police -Department
Sheriff Dobeck stated that they have worked very
closely with the Sebastian Police Dept. and in July, 1981,
made a joint seizure of a Cessna "Push Pull", which is in
poor condition. They have it advertised for sale in the
newspaper and hope to receive $5,000, but will probably only
get $3,000. The Sheriff suggested that, since they have
worked so closely with them, that the entire proceeds be
used by the Sebastian Police Department. He just wanted the
Board to be aware that the plane has been advertised for
sale and that he has asked the Sebastian Police Department
to come back with a proposal of how they could use the
entire amount realized from the sale of the plane.
APPROVAL OF ADDITIONAL $3,000 TO CONSTRUCT EXERCISE ROOM IN
SHERIFF'S DEPARTMENT
Sheriff Dobeck requested that the Board approve an
additional $3,000 for the installation of plumbing in the
exercise room.
51
NOV 21993
to. 55 rasp 217
NOV 2 1983
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the Board
unanimously authorized an additional $3,000
for the installation of plumbing in the exercise
room at the Sheriff's Dept.
SALE OF COUNTY OWNED PROPERTY IN FELLSMERE - ERWIN M:
CARTWRIGHT
The Board reviewed the following memo dated 10/26/83:
TO: Board of County DATE: October 26, 1983 FILE:
Commissioners
SUBJECT: Sale of County Owned
Property
FROM: L. S. "Tommy" Thomas REFERENCES:
Community Services Director
Erwin M. Cartwright, Sr. is interested in purchasing County
awned Lot 153, Block 6, Hall, Carter & James Subdivision, City
of Fellsmere.
Mr. Cartwright recently purchased Lot 152 and he explained
that originally one person owned Lots 152 and 153 and that person
built a house, which is centered on the two lots. Mr.
Cartwright further explained at that time there were two deeds,
one for each lot. The owner only paid the taxes on one deed, Lot
152 and the other lot was foreclosed on and became the property
of the County. Por. Cartwright recently purchased Lot 152 from
the original owner and he would like to renovate his house but
found his house is half on -Lot 153 which he does not own.
Should the Board authorize the sale of this property, the
next step would be to authorize us to advertise for bids.
Community Services Director Tommy Thomas recommended
that the amount received from the sale of this property be
credited to an account for acquisition and development of
existing properties.
52
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the Board
unanimously authorized the advertisement and
sale of Lot 153, Block 6, Hall, Carter & James
Subdivision, City of Fellsmere.
- Mr. Erwin M. Cartwright, Sr., owner of Lot 152, was
informed that this property would be advertised and he would
be kept abreast of the proceedings.
SELECTION OF UNDERWRITER FOR PROPOSED REFINANCING OF
$5 -MILLION CAPITAL IMPROVEMENT BONDS
Commissioner Scurlock reported that the Finance
Advisory Committee had received presentations from four
firms and recommended the selection of Arch W. Roberts/The
- Leedy Corporation _as the managing underwriter for the
proposed refinancing of $5 million in county capital
improvement bonds. Matthews & Wright, Inc. had been a close
second choice, but the Committee preferred the Florida firm
of Arch W. Roberts/The Leedy Corporation.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Wodtke, the Board
unanimously selected Arch W. Roberts/The Leedy
Corporation as the managing underwriter for the
proposed refinancing of $5 million in Indian River
County capital improvement bonds.
REPORT ON FOURTH COURTROOM
Commissioner Lyons presented a sketch of the proposed
fourth courtroom proposed for the second floor of the
Courthouse Annex, and explained that it would be a very
large courtroom that could be used for every use. The plans
were reviewed by Judge Smith, who noted there were no
restrooms in the jury room, and the drawings have been
53
NOV 219 55 wE 21.9
NOV 2 )983
I
altered to include the restrooms.
The Judge requested that
Administrator Wright check with Ester Rymer of the Building
Dept. and also with the Fire Dept. to see that all building
requirements are complied with.
Administrator Wright pointed out that with the
exception of the restrooms, practically everything that will
be used in the courtroom can be salvaged at such time that a
criminal justice complex is built. He noted that we want to
move very carefully.
SPECIAL INSPECTORS REQUIRED FOR ALL THRESHOLD BUILDINGS
The Board reviewed the following memos dated 10/25/83
and 10/10/83:
TO: Ester Rymer DATE: October 10, 1983 FILE.
'-'Director, Building Department
-SUBJECT: Chapter 83-160 Laws of
Florida
Regarding Special Inspectors
FROM: Gary M. Brandenburg REFERENCES:
County Attorney
I agree with the Department of Community Affairs' interpretation.
We should establish standards for Special Inspectors by resolution
of the Board of County Commissioners and then maintain a list of
those who qualify. Not all architects, engineers, etc. have
expertise in structural components. I believe this is an area that
we must be very careful about.
I agree with D.C.A. that the Special Inspector should not be an
employee of the contractor. In my mind it defeats the purpose to
have the engineer who designed the project to_insnect it. _
The Special Inspector should be chosen from a list of approved
people competent to perform structura� inspections supplied by the
County. This individual will negotiate his or her fee directly
with the contractor, but will report and be responsible to the
enforcing agency. We will develop a form where the inspector must
pledge his allegiance to the County.
Normal inspection, however, must continue even when a Special
Inspector is involved.
54
TO: Michael Wright DATE: October 25, 1983 FILE:
County Administrator
SUBJECT: Chapter 83-160
Laws of Florida
Regarding Special Inspectors
FROM: Ester Rymer j' ,� , REFERENCES:
Building Direc,tort:
Effective October 1, 1983, a special inspector is required on all
threshold buildings.
The special inspector should be chosen from a list of approved
people competent to perform structural inspections supplied by
the County.
I would like to place this matter on the agenda for discussion by
the Board of County Commissioners to establish standards for main -
twining a list of those who qualify.
I recommend that the list be established and reviewed by the Indian
River County Building Code Board of Adjustments and Appeals.
For further information on this subject, please refer to the
attached memo from Mr. Brandenburg.
Attorney Brandenburg reported that the Legislature has
passed a new law requiring special inspectors to be present
at all times when structural components of threshold
buildings are being constructed. This is to avoid accidents
such as the one last year where an aeronautical engineer
designed a building and it collapsed. The Attorney
explained that this law requires the County to set up
standards and maintain a list of those people that the
County 'feels are qualified to do this type of inspection.
Director Rymer has suggested that the Board authorize the
County Building Board of Adjustments and Appeals to come up
with standards of eligibility for placing competent
inspectors on that list. Attorney Brandenburg cautioned
that the County be very careful in their determination of
who is competent to be on the list. In order words, the
55
el
N 0 V 2 1983' 'r�.
Nov 21983
County does not want to say that all licensed architects or
engineers are eligible for the list, because if someone on
that list turns out to be not qualified, it opens up an area
of potential responsibility for the County.
Mrs. Ester Rymer, Building Director, defined a
threshold building as being any structure which has a total
floor area exceeding 25,000 square feet, or is greater than
2 stories, or 25 feet in height, or has an assembly
occupancy greater than 5,000 square feet, or is of unusual
design or construction as determined by the building
official. There is an exception to this: a residential
structure 3 stories or less in height, and any building
defined in the Statute which refers to agricultural
buildings and single family residences and duplexes.
Commissioner Wodtke understood that this would
include churches, large grocery stores, and shopping
centers.
MOTION WAS MADE by Commissioner Scurlock,
SECONDED by Commissioner Wodtke, that the Board
authorize Mrs. Ester Rymer to work with the County
Building Board of Adjustments and Appeals to come
back with appropriate standards for qualifying
special inspectors and authorize in the interim
the use of the form suggested by the County
Attorney.
Commissioner Wodtke felt that he has•a problem with the
owner establishing the amount of the fee with the inspector
and asked if there was some way the County could establish
the amount of fees.
Attorney Brandenburg explained that there are diverse
feelings, state-wide., on how rates should be established,
S Some parties feel that the fees should be determined by
56
private enterprise.
There are others that feel there would
be complaints that the fees are set too high for the benefit
of architects or engineers on the list, while others may
complain the rates are too low and don't want their names on
the list.
Director Rymer stated that since the owner has to pay
the bill, it is felt that the owner should negotiate with
the special instructor on the fee. All we are trying to do
is maintain a list of qualified special instructors from
which to select.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
APPROVAL OF COUNTY TO APPLY FOR TAX DEEDS
The Board reviewed the following letter dated 10/24/83:
October 24 1983
Mr. Gary M. Brandenburg
a
County Attorney l�
Administration Building
1842 25th Street
Vero Beach, Florida
Dear Mr. Brandenburg:
There are sixty-six tax certificates held in the name of
Indian River County which are now over two years old. The
County should apply for tax deeds on these tax certificates..
A list is enclosed.
The 20 -year tax search fee is $30.00 for each, or a total
of $1,980.00. In addition we must collect $12.00, for the
Sheriff's posting fee on one parcel which has an improvement.
The total necessary to begin the tax deed applications would
be $1,992.00.
i�nclely yours,
0,*�
Gene E. Morris
County Tax Collector
57 „,
BOCA .
V FA91Wz
NOV 21988
NOV 21983
?AGE 2
Tax Collector Gene Morris explained that a tax
a:
certificate is a lien against the land for unpaid taxes and
reviewed in detail the numerous steps that must be followed
before the land can be sold for back taxes. He recommended
that the County apply for tax deeds on 66 tax certificates
which
are now over two
years
old.
A 20 -year tax search
fee
is $30
for each, which
would
amount
to $1,980, plus $12
for
the Sheriff's posting fee on one parcel. He explained that
these 66 pieces of property were west of I-95 and north of
S.R. #60 without proper access and not very marketable, but
it might be a good opportunity for the County to acquire
some land for future use of some sort.
Chairman Bird understood that the process is expected
to be held in about eight weeks.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Bowman, the Board
authorized the Tax Collector to apply for
tax deeds on 66 tax certificates at a cost
of $1,992, to be funded out of the Commission's
Other Professional Services account.
INTRODUCTION OF NEW PUBLIC HEALTH DIRECTOR
Dr. Carl Brumback of Health & Rehabilitative Services,
introduced Dr. Joseph Tucker, Vero Beach dermatologist, as
the new Public Health Director. Hegavea brief summary of
Dr. Tucker's education and background.
Chairman Bird, on behalf- of the entire Commission,
welcomed Dr. Tucker aboard.
Commissioner Lyons understood that Dr. Tucker intends
to continue his studies to obtain a Masters in Public Health
in the State of Florida.
Commissioner Lyons felt that in the long -run, the
County really needs that level of expertise.
4.11
Chairman Bird expressed the Board's appreciation to Dr.
Bromback for his sincere concern in recommending a
replacement for Dr. Cindy Lookabaugh, who was with us for
such a short time.
Commissioner Lyons asked Dr. Tucker to please maintain
communication with the Board on the status of the Health
Dept. and frequently report back on the status of the
Department as the Board cannot help if they do not know what
is needed.
REQUEST TO SET WORKSHOP DATE RE HURRICANE EVACUATION
Commissioner Lyons explained he has not received the
complete slosh program report from the Regional Planning
Council and suggested that the Board postpone setting a
workshop date to review the possible effects of a 17 -ft.
wave surge during a major hurricane. The Board agreed.
REPORT ON EMS COMMITTEE
Commissioner Lyons apprised the Commission of the plans
for improving ambulance service for the next year. (Also,
the South County Fire District, since the Commissioners
comprise that Board.) He pointed out that excellent
communication exists between the South County Fire District
and the Volunteer Ambulance Squad. In every emergency when
transportation of the victim is required, the ambulance
squad provides it. However, in general, when a
life-threatening situation exists and a fire rescue unit is
located closer to the scene than a volunteer ambulance, a
fire rescue unit is also dispatched. This has been working
very well and unnecessary fire rescue calls have been cut to
a minimum.
NOV 21983 59 5
r NOV 2 198
Commissioner Lyons explained that both_ the fire
PACE2,26
department and the ambulance squads have paramedics. We
plan to find a way to use their expertise. Through Dr.
Frazier, we may be able to establish liaison with the
hospitals to expand our service in that way. In the long
run
we
may
want a responding
unit other than a
fire
truck,
but
he
did
not think so. He
believed the next
step
will be
more along the lines of improved communications so as to
take advantage of the available paramedic skill. He did not
contemplate incurring tremendous new expense to take this
next step. That is his aim and that is the way he plans to
operate. He asked that if anybody has any different
feeling, let hirci know now.
Commissioner Wodtke agreed the expertise is there in
paramedic training and if there is some way we can.utilize
that without getting back into a fire vs. volunteer or
paramedic situation, he would have no objections.
Commissioner Lyons felt that _the general feeling is -
pretty much along those lines and that people realize the
significant costs that would be incurred if the ambulance
squad was not used. He felt our position is pretty well
understood as far as the budget is concerned, and unless
anybody objects strenuously, that is the direction that he
would take.
59a
APPOINTMENTS TO COMMUNITY DEVELOPMENT BLOCK GRANT ADVISORY
COMMITTEE
The Board reviewed the following memo dated 10/27/83:
TO: DATE: FILE:
Board of County Commissioners October 27, 1983
SUBJECT:
FROM: PatrickREFERENCES:
Chairma SV
Commun' Y evelopment Block Grant Advisory Committee
Please be advised I have appointed the following members to our
newly activated, Community Development Block Grant Advisory Committee.
This advisory Committee must be established to obtain citizens views on
community development needs before submission of an application for
funding under the Florida Small Cities Community Development Block Grant
Program.
The appointed members are:
a '
Wabasso
Solomon Murphy
William Rigby
Gifford
Joe Idlette
Walter Jackson
Ralph Lundy
Victor Hart Sr.
Bernice Johnson
Oslo
Harold McKinney
Joe Wiggins
Christine Browning
Geoffrey Subdivision
Ann Jenkins
Arthur J. Harris
Vero Beach
Michael Wright
Edward J. Regan
Guy L. Decker Jr.
Robert M. Keating
Chairman Patrick B. Lyons
I appreciate your cooperation and understanding concerning this
subject.
60
. ?AGE 227
NOV 21993
J
r NOV 21983
I
55. PAcE228
Commissioner Lyons requested the Board's approval of
the above appointments to the Community Development Block
Grant Advisory Committee.
ON MOTION.by Commissioner Lyons,
SECONDED by Commissioner Scurlock, the Board
unanimously approved the above list of
appointments to the Community Development Block
Grant Advisory Committee.
NORTH COUNTY FIRE DISTRICT
Chairman Bird announced that upon recess for lunch of
the meeting of the Board of County Commissioners, a meeting
of the North" County Fire District will immediately convene.
Those minutes are being prepared separately'.
61
The Board of County Commissioners thereupon recessed
for lunch at 11:55 o'clock A.M. and reconvened at 1:30
o'clock P.M. with the same members present.
WASTEWATER FRANCHISE - BAYSIDE UTILITIES, INC.
The hour of 1:30 o'clock P.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
VERO BEACH PRESS -JOURNAL
Published 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
in the matter of
in the Court, was pub-
lishevin said newspaper in the issues of
v
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 befor e s a of 19 a�
(Business Manager)
(Clerk of the Circuit Court, indian River County, Florida)
(SEAL)
NOTICE OF PUBLIC HEARING
The Indian River Board of County Commis-
sioners will hold a public hearing November 2,
1983,1:30 p.m., in the Chambers of the Com-
mission located at 1840 25th Street, Vero
Beach, Florida, to consider adoption of the
franchise resolution for Bayside Utilities, Inc.
Bayside Utilities is the utility company for Bay -
tree, a multi -family development located west
of the Atlantic Ocean and also west of AIA,
east of Jungle Trail, north of Old Winter
Beach Road and south of Wabasso Bridge I
Road.
The proposed rates for this development
are:
WASTEWATER
Connection charge $500.00/unit
Base charge 15.00/unit
Usage charge 1.50/1000 gallons
Irrigation use charge .50/1000 gallons
EXPLANATION OF CHARGES
Connection charge — Payable at time a
certificate of occupancy is issued for a'unit
and prior to any service being provided.
Base charge — Monthly cost of service
payable by all units which have received a
certificate of occupancy, regardless if service
is provided.
Usage charge Monthly cost based on
80% of water consumption. A minimum of
3000 gallons per month will be assessed to all
units which have received a certificate of oc-
cupancy.
Irrigation use charge — Monthly cost for ir-
rigation water (treated effluent) to be paid by
all units which -have been Closed, regardless if
service is provided.
All intersted persons are invited to attend. If
any person decides to appeal any decision
made by. the Board of County Commissioners
with respect to any matter considered at this
meeting, he/she will need a record of the pro-
ceedings, and, that for such purpose he may
need to ensure that a verbatim record of the
proceedings is made, which record includes
the testimony and evidence upon which the
appeal is to be based.
Richard N. Bird, Chairman
Board of County Commissioners
Oct. 25, 1983.
Utility Services Director Terry Pinto reviewed the
following memo:
62
� NOV 21983
�a€ 2:29
NOV 21983
we r " rkcE 230
TO: The Honorable !Members of�. October 21, 1953 FILE:
the Board of County Commiss o TP�
THROUGH: Terrance G. Pinto" � 4
Utility Services Director
BAYSIDE UTILITIES, INC. -
SUBJECT: WASTEWATER FRANCHISE APPROVAL
FROM: Joyce S. Hamilton�ULICENSE AGREEMENT BETWEEN
Administrative AssistantREFERENCES: BAYSIDE UTILITIES, INC., &
Utility Services ROBERT A. CAIRNS, TRUSTEE
DESCRIPTION AND CONDITIONS:
Bayside Utilities, Inc.(hereinafter referred to as Bayside), is the
utility company which will provide wastewater services to Baytree,
a multi -family development. Baytree is located on both sides of
A -1-A, west of the Atlantic Ocean, east of Jungle Trail, north of
Old Winter Beach Road, and south of Wabasso Bridge Road.
A license agreement is attached which allows Bayside to build a
wastewater treatment facility on land owned by Robert A. Cairns,
Trustee.
ALTERNATIVES AND ANALYSES:
The proposed rate structure is as follows:
Connection
Base Charge
Usage Charge
Irrigation Use Charge
$500.00/unit
15.00/unit
1.50/1000 gallons
.50/1000 gallons
It is staff's opinion that the rates allow for a reasonable rate
of return and are reasonable compared to similar franchises granted
by the County.
RECOMMENDATION:
Staff recommends approval of franchise resolution.
Mr. Pinto informed the Board that this is strictly a
wastewater franchise; the water service is to be furnished
by the North Beach Water Company. This is a beach
condominium project; the wastewater will be treated and a
portion of the effluent will be used for irrigation purposes
- the other discharge will be into a percolation pond.
There is no direct discharge into any waters of the state,
and staff finds the franchise in order and recommends
approval.
Attorney Steve Henderson, representing Bayside
Utilities, stated that he did not have much to add except
that this is a joint project between two developers, Baytree
Corporation and Robert Cairns, and the franchise area
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encompasses properties owned by each. They have their
engineer here today to answer any technical questions.
Chairman Bird expressed concern about the location and
buffering of the plant site, and Richard Wohlfarth, engineer
for the project, reported that the plant is located on the
` north side'of Mr. Cairns property adjacent to the Sea Oaks
treatment plant; it is buffered on two side by the Cairns
ir
property, which is vacant, and by AlA on the east. They
also have a natural oak buffer about 20' wide, and the plant
can hardly be seen from SR AlA.
Commissioner Wodtke noted that this is the first time
he has seen an irrigation use charge and wished to know if
this charge is based on water usage.
Mr. Wohlfarth explained that the way the irrigation
charge is worked -out is by taking the total amount of
effluent available each month to irrigate the common areas
and dividing this amount by the number of units issued
certificates of occupancy at that time; in other words, this
charge is spread over all units either occupied or owned,
and as more units come on line, the cost per unit will come
on down.
Commissioner Wodtke continued to question the proposed
rate structure and wished to know whether the 50� and $1.50
charges were determined per 1,000 gallons of effluent or per
1,000 gallons of water usage. It was explained that the 50�
charge is per 1,000 gallons of effluent and the $1.50 charge
is based on water usage.
Commissioner Wodtke felt this should be spelled out a
little better, and Commissioner Lyons also felt that how you
arrive at the 50� charge is not defined.
Director Pinto noted that the irrigation charge has
nothing to do with water consumption or the wastewater bill,
and the Administrator explained that one is a volume charge
and one is a fixed charge; the units pay a pro rata share
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NOV 21983
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NOV 21993 800 55 . t�AU 2 2
for irrigation usage, and if 100,000 gallons of effluent
were put on the ground for irrigation, the 20 condos would
pay a pro rata share equally of that 100,000 gallons.
Commissioner Lyons understood that, but asked if this
was stated any place in the franchise.
Attorney Brandenburg agreed this should be clarified
and felt he and Attorney Henderson could work it out
together.
Commissioner Scurlock asked whether there will be one
condominium association or several, and Attorney Henderson
noted that the only one in existence at this time is Baytree
Property Owners, but he does not know what there may be in
the future.
Commissioner Scurlock wished to make sure that
developers applying for these franchises consider themselves
as a true utility from the beginning and develop a rate
structure that will provide a fair rate of return so that,
as development takes place, they do not have to come back to
the Commission asking for a 300% rate increase because they -
have been subsidizing the utility operation.
Attorney Henderson informed the Board that a lot of
base data has been submitted to the Utility Department
justifying the rate, and Director Pinto confirmed that they
did a computer analysis out to the build -out of the project
basing the rate on the revenue needs; the operation cost
prior to development of the project will be covered by
paying the rate.
Commissioner Scurlock noted that he -just wanted to get
this set out in the record so that a few years down the road
it is very clear as to what was stated today.
Mr. Wohlfarth discussed unit rates vs. a flat rate, and
noted that in the case of this particular project being a
somewhat seasonal project, they went.ahead and raised the
flat rates up a little higher because they felt that the
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NOV 21993
residents who are here only part time should help to pay
the cost of the utility whereas in the case of Reflections
on the River, which has more of a local ownership, they
didn't feel that the flat rate needed to take the majority
of the cost.
Commi8sioner Wodtke referred back to the rates, noting
that this is a new type of rate structure - there is a
$15.00 a unit charge whether the residents are there or -not
and whether they use any water or not, but then the usage
charge is based upon 800 of whatever the consumption is.
Therefore, if they were to use 3,000 gallons, apparently
they are going to pay on 2,400 for usage; Mr. Wohlfarth
confirmed that is correct.
Commissioner Scurlock discussed the necessity of having
to supplement the irrigation water with what basically would
be potable water or from a well source and asked if the
charge would be the same whether the irrigation water comes
from an effluent source or from a deep well.
Mr. Wohlfarth stated that it would and, in fact, the
primary reason they have the irrigation usage charge is
s_
because initially there will not be enough effluent to
irrigate the total site. They must have make-up water from
some source, be it potable or shallow or deep well; so they
felt that the residents should be paying the utility for
supplying them with "bathtub" water. Obviously, if they
used a potable system, the cost for irrigating would be much
higher.
Commissioner Scurlock talked about the possibility of
the availability of raw water from the John's Island line as
an option in the future.
Attorney Brandenburg discussed changes that he and
Attorney Henderson have agreed need to be made in the
language of the franchise. This involves deleting the
following language on Page 151 of the back-up material
a. ��*E 233
NOV 2193 :� .;
.E 234
(page 11 of the franchise) (A) (2) ..."In conjunction with
the water and/or wastewater plants purchase, the County
shall also purchase necessary land areas upon which the
plant is located at the then fair market value of the real
estate. Upon acquisition of the water and/or wastewater
plant and appurtenant real estate, County would then own the
entire ....system and would terminate this franchise.and
provide .......service to the franchise territory." This
language would be replaced with wording stating that upon
acquisition of the wastewater plant and assignment of the
license agreement, County would then own the entire
wastewater system. Attorney Brandenburg explained the
reason for this change is that the plant sits on a piece of
property by 'virtue of a license agreement which is
assignable to the county, and there is no possibility in the
license agreement for the county to purchase the land on
which the plant sits. In addition, all references to water
service should be deleted throughout the franchise .
The Chairman asked if anyone present wished to be
heard. There were none.
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Wodtke, the Board unanimously
closed the public hearing.
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Wodtke, the Board unanimously
adopted Resolution 83-108, known as the
Bayside Utilities Wastewater System Franchise,
incorporating the modifications outlined by
Attorney Brandenburg, as above.
Resolution 83-108 will be made a part of the Minutes
when completed and received.
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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. 88618 - 88884 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 1:55 o'clock
P.M.
Attest:
Clerk
N 0 v 21983
Chairman
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