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HomeMy WebLinkAbout3/21/1984Wednesday, March 21, 1984 The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Wednesday, March 21, 1984, at 9:00 o'clock A.M. Present were Don C. Scurlock, Jr., Chairman; Patrick B. Lyons, Vice Chairman; Richard N. Bird; Margaret C. Bowman; and William C. Wodtke, Jr. Also present were Michael J. Wriqht, Countv Administrator; Gary Brandenburg, Attorney to the Board of County Commissioners; and Virginia Hargreaves, Deputy Clerk. The Chairman called the meeting to order. Reverend Stan Sanford, First Baptist Church, Wabasso, gave the invocation, and Commissioner Bowman led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA Commissioner Lyons requested the addition of a brief report on the Jail situation. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously added the above item to today's agenda. Administrator Wright wished to add discussion in regard to canceling next week's meeting as there are very few items on the agenda. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously agreed to add the item in regard to canceling next week's regular meeting to the Consent Agenda as Item D. R 211984 5 W 56 asp MAR 21 1994 . BOOK 56 FnE 447 Chairman Scurlock requested that discussion in regard to scheduling summertime vacations be added to the agenda. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously added the above item to today's agenda. Commissioner Bird requested that discussion re an additional dune crossover at the Tracking Station Park be added to the agenda as an emergency item. ON MOTION by Commissioner Bird, SECONDED by Commissioner Lyons, the Board unanimously added the above item to the agenda. Attorney Brandenburg asked that approval of an option contract on the Perlini beach property be added to today's agenda under his items. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously added the above item to today's agenda. CLERK TO THE BOARD A. Approval of New Applications for a Permit to Carry a Concealed Firearm The Board reviewed the staff memo listing those who have applied for new permits, and Commissioner Lyons commented that the memo does not state that these applica- tions met the requirements of the Ordinance, which the memo listing the renewal applications does. The Administrator explained that the original memo covered both the new applications and the renewals, but 2 since these require separate Motions, the memo was simply split in half. All the applications, both new and renewals, do meet the requirements of the Ordinance. ON MOTION BY Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously approved the applications of the following for a permit to carry a concealed firearm: Julius M. Kabanek Andrew W. Edmonds Marsha K. Edmonds Boyer C. Hanson Andrew Fisher Alan Emerick B. Approval of Renewal Applications for a Permit to Carry a Concealed Firearm The Board reviewed staff memo and question was raised as to the name which had been crossed off those listed. It was explained that the request for a permit had been withdrawn by the applicant. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously approved renewal applications for a permit to carry a concealed firearm of the following: Thomas M. Fortson Walter J. Keehner Wallace Carter Gilbert J. Swiger Wellford E. Hardee Myron J. Madsen, Jr. CONSENT AGENDA A. Report on File in the Office of the Clerk Report of the Traffic Violation Bureau, Special Trust Fund, February, 1984 - $34,080.76, was received and put on file in the Office of the Clerk. 3 Boa FA -CE 448 MAR 211984 B. Report on File in the Office of the Clerk Bea '56 FACE 449 Report of Traffic Violations by Name, February, 1984, was received and put on file in the Office of the Clerk. C. Release of Easement - Conklin - Oslo Park, Unit 2 The Board reviewed staff memo, as follows: TO: The Honorable Members DATE: March 8, 1984 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: SUBJECT: Robert M. Keating,,7AICP Planning & Development Director THROUGH: Larry W. Burkhart Chief, Code Enforcement Department _{� RELEASE OF EASEMENT REQUEST BY GARY A. CONKLIN SUBJECT PROPERTY: LOTS 3 & 4, BLOCK X, OSLO PARK SUBDIVISION, UNIT 2 FROM: Bett 'Dav s REFERENCES: Gary Conklin Code Enforcement Officer DIS:CDENF It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of March 21, 1984. DESCRIPTION AND CONDITIONS: The County has been petitioned by Gary A. Conklin, owner of the subject property, for release of the common side lot 5 foot easement of Lots 3 and 4, Block X, Unit #2, Oslo Park Subdivision, these easements being the North 5 feet of Lot 4, Block X and the South 5 feet of Lot 3, Block X Oslo Park Subdivision, Unit 2, found in Plat Book 4, Page 13. These --lots are 50 feet in width and 100 feet in depth. It is Mr-. Conklin' s intention to consolidate the two lots and construct a single family residence on the site. The current zoning classification is R-1, Single Family Res- idential. The land use designation is LD -2, Low Density Residential, up to six units per acre. ALTERNATIVES AND ANALYSIS: The request has been reviewed by Southern Bell, Florida Power & Light Company, Florida Cablevision, Inc., and the Utility and Right -of -Way Departments. Based upon their review, there were no objections to release of the easement. The zoning staff analysis, which included a site visit, showed that drainage would be adequately handled by the.existing front and rear swales. It is the zoning staff's opinion that to release the common side Lot 5 foot utility and drainage easement, being the north 5 feet of Lot 4, Block X, and the South 5 feet of Lot 3, Block X, Oslo Park Subdivision, Unit 2, would have no adverse effect. 4 RECOMMENDATION: Staff recommends to the Board, through adoption of a resolu- tion, the release of the common side lot 5 foot utility and drainage easement, being the north 5 feet of Lot 4, Block X, and the south 5 feet of Lot 3, Block X, Oslo,Park Subdivision, Unit 2. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously adopted Resolution 84-22, granting Release of the 5 foot common side lot easements of Lots 3 and 4, Block X, Unit #2, Oslo Park Subdivision, to Gary Conklin. 5 MAR 21 1984 BUK 56 €,SCE 9 MAR 2 11984 WK 56 FAcE 451, RESOLUTION NO. 84-22 WHEREAS, the Board of County Commissioners of Indian River County, Florida, have been requested to release the common side lot 5 foot easement of lots 3 and 4, Block X, Unit 2 Oslo Park Subdivision, according to the Plat of same recorded in Plat.Book 4, Page 13, of the Public Records of Indian River County, Florida. WHEREAS, said lot line easements were dedicated on the Plat of Oslo Park Subdivision, Unit 2 for public utility purposes, and WHEREAS, the request for such release of easement have been submitted in proper form; NOW, THEREFORE, BE IT RESOLVED BY THE -BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the follow- ing lot line easements in Oslo Park, Unit 2 Subdivision, shall be released, abandoned and vacated as follows: The common side lot 5 foot easement of lots 3 and 4, Block X, Oslo Park Subdivision, Unit 2 according to the Plat of the same filed in the Office of the Clerk of the Circuit Court of Indian River County, Florida, in Plat Book 4, Page 13. BE IT FURTHER RESOLVED that the Chairman of the Board of County'Commissioners and the Clerk of the Circuit Court be and they hereby are authorized and directed to execute a release of said lot line easements hereinabove referred to in form proper for recording and placing in the Public Records of Indian River County, Florida. This 21st ATTEST: Freda Wright, Clerk day of March ,1984. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY: C Don -M Scur ock, Jr., h man D. Cancellation of next Regular Board Meeting ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously agreed to cancel the next Regular Meeting which was to be held on Wednesday, March 28, 1984. PRESENTATION RE EMERGENCY MANAGE14ENT Administrator Wright believed that everyone is aware that Emergency Management, formerly known as Civil Defense, did a very good job during the recent exercise at the nuclear power plant. Steve Wells, Director of Emergency Management, wished to apprise the Commission of comments received on,our participation in the nuclear exercise as a "host" county and presented personnel who participated. He then read excerpts from the evaluation done by Mr. Kresinski, Federal Evaluator, who has done evaluations of similar exercises throughout the nation. Mr. Kresinski in his comments emphasized that the way Indian River County's part in the exercise was carried out was a credit to everyone; communi- cations were excellent; management, especially given the new building, the relatively new director, was excellent; and the participation by about 100 was above and beyond anything he observed in the exercises he has attended all over the country and is the first item on his superior list. Mr. Kresinski was especially impressed with the innovative vehicle decontamination apparatus and the plan for handling and disposing of wastewater. Mr. Kresinski did not identify any deficiencies in his evaluation, (i.e., problems that could negatively impact the ability of the organization to protect the public), but he did have a few suggestions for improvement involving such things as message logging, status 7 a BOOK PAGE-'qj MAR 211984 MAR 2 1994 c� BOOK 56 FACE 4.53, boards, better maps, etc., Mr. Kresinski had nothing but praise for how everything was handled at all locations, by the volunteers, the fire department, the ambulance crews, the hospital workers, etc., Mr. Wells informed the Board that they logged close to 1600 volunteer hours of field time for this operation and emphasized that volunteerism is a very positive aspect of Indian River County. Chairman Scurlock complimented Mr. Wells on his excellent job and agreed this County is very fortunate to have such dedicated volunteers. Commissioner Lyons felt the Emergency Management Department is to be commended and suggested that the Commission put together a suitable document to be placed in the Emergency Management office echoing our appreciation for the job they have done. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bird, that the Commission authorize the preparation of a document of commendation for the Emergency Management department as described above. Commissioner Wodtke, who acts as liaison with Civil Defense activities, reported that it was a pleasure to spend six hours with them in the office during this exercise. He noted that the Director from the Federal Emergency Manage- ment Association, whom he saw at the NACO conference in Washington, was in attendance -during this exercise at the nuclear plant itself. Commissioner Wodtke felt the biggest letdown in connection with this exercise is that we had only a federal evaluator; we were not evaluated by the state, and he hoped in the future they will do more evaluation in the "host" county area rather than just at the nuclear plant. 8 Commissioner Wodtke complimented the volunteers for their preparedness. He noted that Dr. Hardin attended and there will be a letter of thanks going to all volunteers, but he did agree there should be something permanent for display in the Emergency Management Office. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. y Commissioner Bird wished to recognize Dick Stevens of the Life for Youth Ranch and felt he should be thanked for his cooperation and support. Commissioner Wodtke confirmed that without Mr. Stevens support, we could not have used that facility for an area to bring the people and cars into. He noted that it -was necessary to install some light poles there, and he hoped they will prove to be a benefit to the Ranch in some way. PUBLIC HEARING - RIGHT-OF-WAY ABANDONMENT (RONALD MEEKS) The hour of 9:15 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: 9 MAR 2 1 1984 BOOK 56 TACE451 MAR 211984 VER® BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian (River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who oil 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 v p Xv v in the matter of C uiC1L n-�� in the lished in said newspaper in the issues of - Court, was pub- Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscr' ed ore �hi / day of D. 19 ' (SEAL) iness Manager) ian River County, Florida) BOOK FACE 4� J.. ARING . NOTICE OFOTICE HEAR NG TOLIC CONSI ER A PETI- TION FOR THE CLOSING, ABANDONMENT AND VACATION OF THAT PORTION OF 5TH STREET LYING WEST OF THE WEST LINE OF 38TH AVENUE LOCAT DI IN CLE ANN ESTATES SUBDIVISION, UNIT 1. and citizens shall have ublic hearing at which Opporrttunity in i for be heard, will be held by the Board of County Com- missioners of Indian River County, Florida, in the County Commission Chambers of the County Administration Building, located at 1840 25th Street, Vero Beach, Florida, on Wednesday, M7reh J 1 oa4. at 9:15 A.M. If any person decides to appeal any decision made on the above matter, he will need a record of the proceedings, and for such purposes, he may need to ensure that a verbatim record of the proceedings is made, which includes testimony and evidence upon which the appeal is based, Indian River County . Board of County Commissioners By: -s -Don C. Scurlock Jr. Chairman Mar. 2, 1984. Planner Karen Craver reviewed staff memo and recommendation, as follows: 10 TO: The Honorable Members DATE: March 12, 1984 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: RIGHT-OF-WAY ABANDONMENT PETITION SUBMITTED BY SU13JECT: RONALD MEEKS Robert M. Keati g, #1CP Planning & Development Director FROM' Karen M. Craver Req/R. Meeks • Staff Planner REFERENCES: DIS : KAREN It is requested that the data consideration by the Board regular meeting of March 21, DESCRIPTION AND CONDITIONS: herein presented be given formal of County Commissioners at their - 1984. On December 5, 1983, Ronald Meeks submitted a right-of-way abandonment petition to.the Planning and Development Division. The petition requests that the County abandon .its 'rights to that portion of 5th Street lying west of 38th Avenue within Unit 1 of Cleemann Estates Subdivision. . In accordance with the administrative guidelines approved by the Board of County Commissioners for the processing of right - of -way abandonment applications, the request was reviewed by all County divisions and utility providers having jurisdiction within the roadway. Florida Power & Light and Southern Bell approved the request with the condition that the County retain two 10 foot wide utility easements. The easements will be established at the western and the northern 10 feet of the right-of-way proposed for abandonment. All County divisions contacted approved the request. ANALYSIS: Ronald Meeks owns the 2 lots immediately north of and the 2 lots immediately south of the 5th Street right-of-way. The petitioner desires the abandonment in order to connect the 4 lots and develop the property as one parcel. Southern Bell currently has underground cable along the north right-of-way of 5th Street and approved the request with the condition that Mr. Meeks agree to incur the cost of stringing the cable overhead. Maintenance of, the overhead cable is the reason for the establishment of the 10 foot easement along the northern edge of the right-of-way. The petitioner has agreed to the condi- tional approval of Southern Bell. The 70 foot wide right-of-way was dedicated to the County on a plat recorded in 1953 and has not been utilized to this date. Stub -outs, such as this portion of 5th Street, are created to provide for future interconnection with adjacent land parcels. However, in March of 1981, Bentwood Terrace was platted for development on the adjacent parcel and designed with a single cul-de-sac, thereby eliminating the need for the 5th Street stub -out. 11 Box 56 PnEE'456 RECOMMENDATION: BIN 56 PnE 457 Staff recommends that the County abandon its rights to that portion of 5th Street lying west of 38th Avenue within Clemann Estates Subdivision with the following condition: 1) That Mr. Meeks pays Southern Bell's. cost for stringing the overhead cable, and Southern Bell relocates the lines prior to the execution and recording of the attached resolution reserving two 10 foot.wide utility easements. The Chairman asked if anyone present wished to be heard. There were none. MOTION WAS MADE by Commissioner Wodtke, SECONDED by Commissioner Bowman, to close the public hearing. Commissioner Bird asked if possibly we are being remiss in not receiving some compensation back to the County for giving up such a large piece of property. Attorney Brandenburg explained that when a strip of land is dedicated for a specific purpose, i.e., road right- of-way, there is a controlling statute, which says that in the event of an abandonment, the land automatically reverts 50% to each of the abutting property owners. This can pose a problem on curved roads. That is not the case with prop- erties that are specifically dedicated for other purposes, such as park areas. Commissioner Lyons asked if we legally can require, as part of our Motion, that Mr. Meeks pay Southern Bell? Attorney Brandenburg stated that the Motion should be to approve the abandonment contingent on that item being re- solved with Southern Bell. THE CHAIRMAN CALLED FOR THE QUESTION on the Motion to close the public•hearing. It was voted on and carried unanimously. 12 MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bowman, to adopt Resolution 84-23 authorizing abandonment of a portion of 5th Street in Clemann Estates Subdivision contingent on the property owner resolving matters with Southern Bell within the next 30 days. Commissioner Bowman was bothered by the fact that the property owner is receiving about 6,000 sq. ft. of land free. She also -did not like encouraging overhead telephone cable. Chairman Scurlock pointed out that actually this property was originally dedicated to the County and now the owner is getting it back. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. Resolution 84-23 will be made a part of the Minutes when fully executed and received. PUBLIC HEARING - REZONING to C-1 (J. TURNER) The hour of 9:30 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: 13 MAR 211984 BOOK 56 FnE8 MAR 211984 VER® BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a t�GGr-Ciii r in the matter of in the /Court, was pub lished in said newspaper in the issues of.2,'%. �? 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 efore tq1� �!� day of ���� A.D. 19 h (Business Manager) (Clerk of the Circuit CoLW, , Indian River County, Florida) (SEAL) B®�K -56 FACE 45 NOTICE — PUBLIC HEARING Notice of hearing to consider the adoption of a County ordinance rezoning land from: R-2, "Multiple -Family District" to C;1 "Commercial District." The subject prgp- arty. presently owned by Jimmie . Lee, - Turner and Martha M. Turner is located - . on the northeast corner of Old Dixie Highway and 42nd Street. The subject property is described as: J.T. GRAYS TOWN OF GIFFORD SUB. , . DIVISION, Section 26, Township 32, Range 39, Lots 8 and 9, and that, part of Lot 10 lying North of Road of the Town of Gifford, according to plat filed in the' = office of the Clerk of the Circuit Court of Brevard County Florida, and refiled in' the office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book . 1, Page 185; said land lying and being in: Indian River County, Florida. A public hearing at which parties in interbst and citizens shall have an opportunity to #be heard, will be held by the board of County.Com- missioners of Indian River County, Florida, in the. County Commission Chambers of the Courity Administration Building, located at 184025th Street, Vero Beach, Florida, on Wednesday, March 21, 1984, at 9:30 A.M. If any person decides to appeal any decision made on the above matter, .he/she will need to ensure that a verbatim record of the proceedirjgs is made, which includes testimony and evidence upon which the appeal is based. . Indian River County Board of County Commissioners By: -s -Don C. Scurlock Jr. Chairman Mar. 2, 14, 1984. Chief Planner Richard Shearer made the presentation and reviewed staff memo, as follows: 14 TO: The Honorable Members CATS: March 12, 1984 FILE: of the Board of County Commissioners JIMMIE & MARTHA TURNER REQUEST TO REZONE .6 ACRES FROM R-2, MULTI - DIVISION HEAD CONCURRENCE; PLE-FAMILY DISTRICT, TO SUBJECT: C-1, COMMERCIAL DISTRICT Robert M. Ke&tihg,&VfICP Planning & Development Director FROM: Richard Shearer, AICP REFERENCES: Turner Rezoning Chief, Long -Range Planning RICH It is requested that the data herein consideration by the Board of County regular meeting of March 21, 1984. presented be given formal Commissioners at their DESCRIPTION & CONDITIONS The applicants, Jimmie and Martha Turner, are requesting to rezone approximately .6 acres located on the east side of Old Dixie Highway and the north side of 42nd Street from R-2, Multiple -Family District (up to 15 units/acre), to C=1, Commercial District. The applicants propose to develop this property for a'tire store. On February 9, 1984, the Planning and Zoning Commission voted 4 -to -0 to recommend approval of this rezoning request. The Commission felt that commercial activities were the predominant land uses in this area. ALTERNATIVES & ANALYSIS In this section, an analysis of the existing land use pattern will be presented as well as a discussion of the future land use as established in the land use element of the Comprehensive Plan. Existing Land Use Pattern The subject property is currently vacant. North of the subject property there are approximately 20 residential buildings being utilized for single and multi -family housing, a vacant building, and the Indian River Head Start Center. Further north, between 43rd Street and North Gifford Road (45th Street) are fruit packing houses. East of the subject property, fronting on U.S. 1, and located in a C-lA, Restricted Commercial District, is a paving contractor's facility. South and north of the contractor's facility are single-family dwellings and some vacant land. The area south of the subject property, across 42nd Street, is also zoned C-lA and contains a vacant building, 15 -to -20 residential buildings, a church, a building containing a clothing store, a religious book store, and a beautician's shop, Yates Supermarket and four single-family residences. West of the subject property, across Old Dixie Highway and across the F.E.C. Railroad, is another residenti-al area. At the public hearing before the Planning and Zoning Commission, members.of the public provided additional information concerning the existing land use pattern reported by the staff. One individual mentioned a bar located north of the subject property 15 MAR 21 7984 Boa 56 mu 460 MAR 21 1994 Bicx 56 PACE 461 which was not mentioned by the staff. Subsequent to that public hearing, staff performed another existing land use survey to verify this information and include a larger area. However, the staff was unable to locate the bar. Future Land Use Pattern The subject property and the property north, south, and west of it are part of the Gifford MXD, Mixed -Use District (up to 14 units/acre), as designated in the Land Use Element of the Comprehensive Plan. East of the subject property, across U.S. 1, is an area generally designated as MD -1, Medium -Density Residential (up to 8 units/acre), in the Comprehensive Plan. However, the plan also designates a fifty -acre commercial/ industrial node on the east side of U.S. #1 between North Gifford Road and South Gifford Road. The Gifford MXD allows residential, commercial, and industrial land uses which will be regulated by the zoning ordinance. The Comprehensive Plan states that, within MXD areas, the County shall encourage redevelopment in accordance with the dominant land uses and the health, safety, and welfare of area residents. In addition, under the description of the Gifford MXD in the Comprehensive Plan, the text states that,the predominant land . use in the Gifford area is residential uses, and the future expansion of commercial uses shall be regulated by the County to ensure that these uses will not be in conflict with one another. As outlined in the'existing land use section, the predominant land use around the subject property is residential. Rezoning the property to the C-1 zoning district would allow a land use that would not be consistent with the dominant land uses in this area and could result in conflict with the surrounding residential uses, a situation which would be contrary to the objectives of the Mixed -Use District as described above. The C-lA zoning district would be a more desirable commercial zoning district for the subject property based on the zoning pattern and existing land uses in this area. The subject property and the land north and west of it are zoned R-2. The properties to the east and south are zoned C-lA. Therefore, rezoning the subject property to C-1 would result in spot zoning because it would allow a small area to be used for more intensive uses than the surrounding properties. While the commercial uses south and east of the subject property conform to the more restrictive C-lA district, the proposed use of the subject property, a tire store, is not permitted in C-lA districts. For that reason the applicant is not amenable to rezoning the subject property C-lA, which would be a reasonable extension of the existing C-lA to the south and east. Tire stores are allowed in C-1 districts but may be more appropriate for the C-2, Heavy Commercial District. Roads/Traffic The subject property has direct access to Old Dixie Highway (classified as a Secondary Collector on the Thoroughfare Pian) Commercial zoning of the subject property could result'in a commercial use attracting up to 1,158 Average Annual Daily Trips (AADT). This additional traffic would lower the level - 16 of -service of Old Dixie from "B+" to "B". Development of the subject property under its existing R-2 zoning would generate 55 AADT. Environment The subject property is not designated as environmentally sensitive nor is it in a flood -prone area. Utilities County water is available for the subject property, but County wastewater facilities are not available. RECOMMENDATION While the Planning and Zoning Commission voted to recommend approval of this rezoning request, the Planning staff recommends that this request be denied because a rezoning to C-1 would be spot zoning and could result in conflicting land uses abutting each other. However, if the Board concurs with the Planning and Zoning Commission recommendation to rezone the subject property to a commercial zoning district,'staff feels that the County could rezone the -subject property to C-lA to maintain a consistent zoning pattern or consider rezoning the subject property to C-1 and additional commercial land in this area from C-lA to C-1 to have a more logical zoning pattern. Planner Shearer displayed slides of the subject area and noted that it is located on a dirt road. He reported that staff made several existing use surveys, and as far as staff is concerned, rezoning to C-1 would be spot zoning because of the small size of the property involved in the proposed rezoning. Therefore, staff does not feel the C-1 rezoning would be appropriate. There is C -IA to the east and south, and it would be a natural continuation of that zoning, but tire stores are not allowed in C -1A. Mr. Shearer continued that the predominant use in this area is residential, although there are a number of commercial uses. He noted that the Planning & Zoning Commission did vote to recommend approval, and if the Commission should wish to allow the rezoning to C-1, staff recommends that the Commis- sion consider rezoning additional commercial land in this area to C-1 to provide a more consistent zoning pattern. Commissioner Wodtke understood what staff is saying about spot zoning, but he felt in an MXD District there might be more latitude in this regard. 17 MAR 211984 BOOK '56 PACE462 MAR 211984 BOOK 56 PAGE 463 Mr. Shearer agreed that there is more latitude in an MXD, but felt it would be considered spot zoning when you rezone just one small piece of property. Commissioner Wodtke asked about considering allowing the tire store in C-lA as an exception. He believed we have an asphalt company in C-lA in this area. Mr. Shearer noted that asphalt company went in as an office, but now they are using it more as a yard than an office, which really is not in conformance with the zoning. He stated that staff does have a problem with allowing a tire store in C -1A, and if the Board does wish to allow the rezoning to C-1, they would prefer to see additional property in the area rezoned to C-1. Commissioner Wodtke could not see that a tire store would be wrong for this area, considering what is already there, and if a tire store can't locate on Old Dixie or U.S. 1, he did not know where they should locate. Commissioner Lyons agreed we should encourage having a tire store at this location rather than on North Gifford Road. Discussion continued re commercial uses in the area, and the Chairman noted that possibly the additional rezoning recommended by staff could go almost from South Gifford Road adjacent to the railroad up to the C -1A at North Gifford Road. Mr. Shearer pointed out that generally the C-lA area is to the south of the subject property; to the north, it is mostly R-2. The Chairman asked if anyone present wished to be heard. Urias Forbes, owner of lots 5, 6, 7 and 8, Spruce Park Subdivision, was in favor of the requested rezoning for property east of the Florida East Coast railroad tracks and Old Dixie, but he did not want Spruce Park, which is west of 18 � � r Old Dixie and zoned R-2, to be included as he has plans to develop his property under the R-2 zoning. The Commission assured him that they agreed with him and his property would not be included in the proposed rezoning. Benny L. Watson, 4691 34th Ave., stressed that he is very much in favor of the rezoning because a tire store is very much needed in this area. ON MOTION by Commissioner Bird, SECONDED by Commissioner Lyons, the Board unanimously closed the public hearing. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unani- ' mously adopted Ordinance 84-13 rezoning property in J.T. Grays Town of Gifford Subdivision to C-1 as requested by J. Turner. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unani- mously directed the Planning staff to come back to the Board with a recommendation for rezoning needed in the above vicinity to make it consistent. 19 BflgK 56 FACE 464 MAR 21 1994 Bear 56 PACE465, ORDINANCE NO. 84-13 WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property and pursuant thereto held a public hearing in relation thereto, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be amended as follows: 1. That the Zoning Map be changed in order that the following described property situated in Indian River County, Florida, to -wit: J. T. GRAYS TOWN OF GIFFORD SUBDIVISION, Section 26, Township 32, Range 39, Lots 8 and 9, and that part of Lot 10 lying North of Road of the Town of Gifford, according to plat filed in the office of the Clerk of the Circuit Court of Brevard County, Florida, and refiled in the office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 1, page 185; said land lying and being in Indian River County, Florida. Be changed from R-2, "Multiple -Family District" to C-1 "Commercial District". All with the meaning and intent and as set forth and described in said Zoning Regulations. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this2l day of March , 1984. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY / G DON SCURLOCK, JR Chairman Acknowledgment by the Department of State of the State of Florida this 26 day of March , 1984. Effective Date: Acknowledgment from the Department of State received on this 30 day of March , 1984, at 11:00 A.M./ P.M. and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY. . BRANDENBUFG, County Attorney APPROVAL OF OPTION CONTRACTS - MORRIS, WEST ERDO AND PERLINI TRACTS Attorney Brandenburg explained that the above three items are all related to the North Beach complex of properties submitted to the State under the "Save Our Coast" Program. These options are needed to tie up these pieces of property for a sufficient amount of time so we can work with the "Save Our Coast".Program until the next set of bonds are issued in mid summer, and secondly, to show the State that we are interested in pursuing this aggressively and we do have a package available. Attorney Brandenburg stated that the Board does not need to concern themselves too much at this time -with the prices shown on the options. These are their asking prices, and when the State comes back with their appraisals as to the maximum prices they will consider, then we can go back and negotiate. The Attorney recommended that the Board approve all three of the above options, and reported that he is still working with a representative re an option on the Howell/Chapman property. He emphasized that these owners are giving the County a very valuable option for a six month period, and the County is not giving them anything except the promise that we will pursue these parcels under the "Save Our Coast" Program. Commissioner Bird wished to compliment Attorney Brandenburg on his work in acquiring these options. ON MOTION by Commissioner Bird, SECONDED by Commissioner Lyons, the Board unanimously authorized the Chairman to execute the options on the Morris Tract, the West Erdo Tract, and the Perlini Tract on behalf of the County. Said Option Contracts are on file in the Office of the Clerk. 21 MAR 21 1984 BoaK `56 F,1cE4'66 MAR V 1984 Bea 51 mcE 467 PROPOSED ENGINEERING SERVICES CONTRACT RE WATER MAIN EXTENSION & ELEVATED STORAGE TANK - S.R. 60 Attorney Brandenburg noted that developers who are planning to build out along Route 60 agreed to pay for engineering of a utility line out to I-95 if financing of such a line is feasible. It appears it is feasible, and the developers have received a commitment from the bank. The Attorney noted that there are some blanks on Page 2 of the proposed agreement with the Engineer as to the date when the engineer is required to submit his report. He did not know what agenda that should be scheduled on, but this will be coordinated with the completion schedule. ON MOTION BY Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously approved the Agreement for Engineering Services with Sippel, Masteller, Lorenz & Hoover, Inc., re Indian River County Project U84 -I (Water Main Extension and Elevated Storage Tank - 20th Ave. and Oslo Rd. to Kings Highway and S.R. 60 to Rt. I-95) and authorized the signature of the Chairman. (Said Agreement is on File in the Office of the Clerk.) EXTENSION REQUEST BY HUMANE SOCIETY Attorney Brandenburg reported that the Humane Society has asked for another extension of their contract with the County re land on South Gifford Road. They have been proceeding very well with financing, site plan approval, etc., and it is scheduled for a March 22nd Planning r Commission meeting. They are afraid, however, that if they should not receive final site plan approval on that day, or 22 I if someone subsequent to that time files an appeal, then during the appeal period their contract would expire. This is why they are asking for the extension. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Wodtke, to accommo- date the Humane Society and agree to a 30 day extension of their contract. Chairman Scurlock commented that he had received two calls from people connected with the Humane Society re the availability of water. He felt this had been settled some time ago. Administrator Wright assured him that the water will be available and felt that he had made this very plain. Chairman Scurlock further noted that he believed there had been some discussion about moving the site to where a portion of the structure would be within 4' of the old landfill, and, of course, this is impossible. He just wished to make sure we are clear on this. Administrator Wright stated that the architect is taking care of this, and he did not believe there is any problem. Chairman Scurlock felt the problem is one of communication and that it should be cleared up. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. REQUEST FOR INSURANCE CLERK Personnel Manager Lois Hoder reviewed the following memo: 23 MAR 211984 MAR 21 1984 TO: Michael Wright DATE: March 12, 1984 County Administrator FILE: THRU: Tommy Thomas 'Dir SUBJ ECT: REQUEST FOR FULL TIME General Ser INSURANCE CLERK � � i FROM: ois Hoder REFERENCES: Personnel Manager Since the inception of our health and life insurance program with Gulf, a great deal more time and paperwork has been involved than anticipated. (Monthly reports attached). (On file in office of Clerk) On the average, 43% of the employees file claims each month on themselves or their dependents. Three to four hours per day is' spent with individuals or on the telephone answering questions, obtaining information or filing claims. This has made it diffi- cult to devote the necessary time needed to do Personnel work. The billing and bookkeeping is handled by Darlene Weeks in Manage- ment/Budget Office. She spends a minimum of two to three days at the end of every month coordinating the billing for all departments, balancing the register, writing warrant requests for payment to the Company and making the necessary additions, deletions or changes. However, as soon as preparations for the 1984-85 budget begin, she will be unable to spend her time on insurance-. A full time insurance clerk would be responsible for the duties of both firs-. Weeks and myself. In addition, the position would in- clude handling of all Workers Compensation claims and reports, auto - and general liability, addition and deletion of all County -owned property or equipment, renewal policies, breakdown of cost to departments and eventually an insurance register. Recommendation: Personnel or Office of Management/Budget be authori- zed to hire an insurance clerk at a beginning salary of $11,000 annually. Mrs. Hoder noted that last September when we were discussing insurance, it was left that if Personnel could justify the need for an insurance clerk, they could come back to the Board in this regard. She believed that they can justify the need now. Administrator Wright confirmed that by taking over this paperwork we are saving about $35,000, but it has saddled Personnel with so much, they are not effective in their own work, and we need to free them up. The Administrator .- believed we can pay for the clerk out of the cash flow from 24 the health insurance and no money will be required out of contingency. He recommended we either add this position or turn this claim work back to the insurance company and pay the additional fee. Chairman Scurlock commented that in our original consideration between the two insurance companies, the difference was quite close; $25,000 or less - possibly $10,000 or $15,000. We are saving by taking the approach we did, but now we are proposing to spend $11,000, which brings the two bids even closer, and the Chairman noted that he has been hearing that the level of service we are receiving from Gulf may not be too good. Administrator Wright confirmed that we did have some claim service problems with Gulf, but he had some heart to heart talks with them. Service has improved, and -he believed Gulf will maintain that service; if not, he stated that he will come back to the Board and recommend a change of carriers. Commissioner Wodtke stated that he would try to moderate his comments, but he felt he must say "I told you so." He went on to express great concern about the optional life insurance which apparently has been canceled with refund checks to be issued from the inception date of 12/1/83, and wished to know what happened to the premiums paid between September and December. Mrs. Hoder explained that the optional life insurance didn't go into effect until December 1st, but Commissioner Wodtke wished to know how this affected those who had optional life insurance with Aetna. Suppose one of them had died in that period? Attorney Brandenburg believed they would have had a very good claim against both the County and the insurance company, and in all likelihood, the insurance company would 25 RooK :. 6 PACE 476- MAR 21 1984�� B@aK� �,)V F;10E 4�: pay. Until any refunds are actually made, those people would have a real good claim. Commissioner Wodtke noted that there is a great deal of work involved in the manner in which the claims are being handled now, and it is very'much more complicated than it was with Aetna. If it weren't for Mrs. Hoder and the work she does, we really would be in trouble.- However, he is very disappointed with the service we have received from Gulf Life, and wished to know when our contract with Gulf. Life is up. Mrs. Hoder stated that the contract is for 13 months. Commissioner Wodtke expressed the hope that we look strongly at this because there is a tremendous difference in the paperwork and the manner in which the claims have to be filed. He felt the system and the cooperation we are getting from the representative of the company is disgraceful. Chairman Scurlock commented that the decision in regard to the insurance was very difficult and very hard to evaluate. He, too, was concerned. While he felt there is no question about the need for Mrs. Hoder to have some assistance, he did not want to add personnel and end up with someone extra on staff whom we may not need if there is any possibility that we may have a different company next year. The Chairman further noted that when he compares the salary range requested to the starting salaries paid to some of the Board secretaries, who are highly skilled and can qualify to handle work in any County department, he has some problem, but then possibly those salaries are too low. Administrator Wright stated that the projected salary amount was an estimation. He believed it would be a paygrade 5 or 6. The Administrator reiterated that when we took this insurance, there was a $35,000 difference, and he then asked for an additional employee; the Board said to try 7J !— 1 J 26 it with the existing staff, and if -this doesn't work out, come back. He now is trying to make the Commission aware that this has really overburdened our existing staff. The Administrator further noted that if we should change insurance companies and go to a different claim system, the additional person could be integrated somewhere else on an attrition basis. Chairman Scurlock asked for a more concrete figure re pay grade. Mrs. Hoder reported that paygrade 6 would start about $9,000, and she believed the Administrator has said we would hire within that range. Chairman Scurlock stressed that he did not want to do a disservice to our existing employees who feel they are doing a good job, and all of a sudden they see someone starting in a new position at a higher salary than they started. In further discussion, it was noted that our present employees can apply for this job. Administrator Wright stated that he would like to remove from the memo the beginning salary figure of $11,000 and insert paygrade 6 instead. Commissioner. Lyons asked if we are just putting a patch on a bad inner tube - is Gulf really improving or should we get rid of them now? Administrator Wright felt the problems that would result from terminating would be greater than staying with them for the remainder of the year. Commissioner Bird inquired what happened to the optional life insurance, and Mrs. Hoder explained that a sufficient percentage of people did not sign up for it; so then Gulf Life wanted more stringent physicals, etc. Commissioner Wodtke believed about 90 signed up for the optional insurance and deductions were being made; they had not been processed or approved, but they were paying a premium. 27 MAR 211984 B®o� PACEM 1 �4 Book 56 FACE -73 MAR 2 9 Commissioner Lyons stated that he was very unhappy with this situation, and Chairman Scurlock believed the only bright spot he sees is that when the County Commission makes a mistake, they are willing to admit it. Discussion ensued in regard to issuing the insurance company an ultimatum, and Administrator Wright stated that he would like to have six months to work -this out. Chairman Scurlock asked about having the insurance company pick up the additional work, and the Administrator pointed out that we took this policy at a reduced rate based on our handling that work; if we make them take it back, they will up the rate. Discussion continued as to forcing the insurance company to make some adjustment, and Mrs. Hoder believed that the Administrator has laid the law down to them about how he expects them to handle our insurance; they have improved a good deal; and she believed they are trying to cooperate. Mrs. Hoder did feel that handling the insurance in-house has been a benefit to us. We see where the claims are the most - whether it is dependents -or employees themselves, etc. -, and this helps pinpoint what we need to be looking at for our cost containment. The Administrator also felt that personal contact with the employees is a benefit. MOTION WAS MADE by Commissioner Bird, SECONDED by Commissioner Bowman, to employ an insurance clerk as recommended in the memo of the Personnel Manager dated March 12, 1984, at Paygrade 6; this position to be evaluated next fiscal year and not necessarily con- sidered permanent. Chairman Scurlock did believe that this all points up that we need to move aggressively into risk management, and Commissioner Lyons stated that he would vote for the above Motion, although reluctantly. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. PRESENTATION OF COMPREHENSIVE ANNUAL FINANCIAL REPORT Chairman Scurlock commended Finance Director Ed Fry on - doing an outstanding job of putting this annual report together. Finance Director Fry presented auditors Robert Tessier and Ron Moats of May Zima & Co., CPA, to make a presentation re the annual financial report. Ron Moats, partner of May Zima & Co., informed the Board that he would just highlight the report and give a brief explanation. He first reviewed the Auditor's Report on Page 21, which explains how they did their examination and on what basis they formed their opinion. Said letter is as follows: lfty2omaau Certified Public Accountants To the Honorable*County Commissioners and Constitutional Officers Indian River County, Florida AUDITORS' REPORT We have examined the combined financial statements of Indian River County, Florida as of and for the year ended September 30, 1983, as listed in the table of contents. Our examination was made in accordance with generally. accepted auditing standards and, accordingly, included such tests of the accounting records and such other auditing procedures as we considered necessary in the circumstances. 29 3 MAR 21 1994 BACK 56 PWE 4 In our opinion, the combined financial statements referred to above present fairly the financial position of Indian River County, Florida at September 30, 1983, and the results of its operations and changes in inancial position of its Proprietary Fund Types for the year then ended, in conformity with generally accepted accounting principles applied on a basis consistent with that of the preceding year. Our examination was made for the purpose of forming an opinion on the combined financial statements taken as a whole. The financial statements and schedules listed in the table of contents on Pages 62 through 147 are RM presented for purposes of additional analysis and are not a required part of the combined financial statements of Indian River County, Florida. The information has been subjected to the auditing procedures applied in the examination of the combined financial statements and, in our opinion, is fairly stated in all material respects in relation to the combined financial statements taken as a whole. The information listed as statistical information has not been subjected to the auditing procedures applied in the exarsination of the combined financial statements and, accordingly, we express no opinion. Daytona Beach, Florida February 11, 1984 Mr. Moats also wished to commend the Finance Department for this report, noting that it is a major job to organize all this material. He informed the Board that this report will be presented to the Municipal Finance Officer's Association for their review, and it is hoped to obtain a certificate df conformance. There is a major move in counties and cities throughout the United States to get these certificates. When you get into the bond market, for instance, if they see you have a certificate of conformance, that gives them assurance that the county has followed certain governmental guidelines and performed certain procedures, etc., and this could result in obtaining a better.interest rate. Mr. Moat then reviewed pages 24 and 25, the combined balance sheet of all funds, as follows: 30 �L J 1 or rat rement of general long-term debt TOTAL ASSETS LIABILITIES AND EMID-c0U17Y LIABILITIES Accounts payable Deferred revenues Accrued liabilities Due to other funds Payable from restricted annets: Accrued interest payable Current maturities of revenue bonds Customer deposits Escrow deposits (Note IJ) Due to other governments Other deposits held in escrow Contracts payable Accrued compensated .absences Bonds payable (Notes 4, 5 6 6) Notes payable (Notes 3 d 7) Capital leases (Note 7) TOTAL LIABILITIES COMMENTS AND CCNTI`i MCIES (Note 14) FCND EODITY Investment in general fined assets Contributions (Note IJ) Retained earnings: Resented for debt service (Note 4) INDIAN RIVER COUNTY, FLORIDA 1:011n INM11 BALANrM 9111MT ALL FUND TYPES AND ACCOUNT CROUPS SF.PTEM ER 30 1083 1 S 1,055,448 - 28,434 S capital projects (Note 4) 68,311 321,415 $ MVFRNNFNTAI FMID Unreserved 32,019 36,292 _ - - SPECIAL DEBT - - 106,000 ASSETS GENERAL RF.VFNUE .SERVICE 40,000 E14„tty in p.,nlwd cash and Invastmenta Restricted cash and tnvestments: $ 2,025,668 9 7,272,847 $ 1,093,176 2,870 Sinking Funds 537,304 S 33,559 capital projects (Note 13) - - 511,782 - - - Renewal and replacement and capital projects - 7,084 ' Reserved for Customer deposits 73,707 20,574,197 1,072,156 - appropriations (Note 13) Escrow deposits - _ Core served - S 122,792 S 89,748 S 11,909,766 9 Accounts receivable - net Due from ocher funds S 10,685,713 164,061 192,732 2,206,871 7,029,445 Due from other governments TOTAL FUM EOUI'Y 397,746 12,25 9 59 - Accrued Interest receivable 3689 , 7,251,938 S 1,072,156 70TAL L:ABTLI7IE5 Inventories 9 9,64417aLlOS,?!S 9,876 12,$39 Pt-P-1-1wxpend f[u re 104,009 280,938 Property, plant and equipment 205 ,21 - Accumulated depreciation- Unamortized bond costs - Amount available in debt service fund, Amount to be provided f 1 - or rat rement of general long-term debt TOTAL ASSETS LIABILITIES AND EMID-c0U17Y LIABILITIES Accounts payable Deferred revenues Accrued liabilities Due to other funds Payable from restricted annets: Accrued interest payable Current maturities of revenue bonds Customer deposits Escrow deposits (Note IJ) Due to other governments Other deposits held in escrow Contracts payable Accrued compensated .absences Bonds payable (Notes 4, 5 6 6) Notes payable (Notes 3 d 7) Capital leases (Note 7) TOTAL LIABILITIES COMMENTS AND CCNTI`i MCIES (Note 14) FCND EODITY Investment in general fined assets Contributions (Note IJ) Retained earnings: Resented for debt service (Note 4) Reserved for renewal and replacement (:tote 4) _ S 1,055,448 - 28,434 S capital projects (Note 4) 68,311 321,415 $ 129,934 $ _ Unreserved 32,019 36,292 _ - - - 434 74,481 33,559 - _ - - 106,000 - - 20,727 42,037 _ 40,000 _ 9,122 = Reserved for - 245,438 -- 2,870 $ 374,595 9 537,304 S 33,559 capital projects (Note 13) Reserved for renewal and replacement (:tote 4) _ S 1,055,448 - 28,434 Reserved for capital projects (Note 4) 68,311 _ _- Unreserved 136,474 ;20,874 - - 101,089 - - - Fund balances: - - 106,000 - - Reserved for civil defense (:tote 13) 40,000 65,402 - - 546,924 Reserved for encumbrances (Note 13) 546,924 2,870 - Reserved for capital projects (Note 13) - - 511,782 - - - Reserved for debt service (Note 13) - 7,084 52,981 319,216 Reserved for inventory (Nota 13) 73,707 20,574,197 1,072,156 Reserved for appropriations (Note 13) 304,302 - - - Core served 292,917 S 122,792 S 89,748 S 11,909,766 9 212,539 S 10,685,713 S 24,993,2292 2,206,871 7,029,445 - TOTAL FUM EOUI'Y S 2,320,578 S 7,251,938 S 1,072,156 70TAL L:ABTLI7IE5 AND FUtB3 EOC:7.Y 9 9,64417aLlOS,?!S 24. See accompanying notes to financial statements. M FIDUCIARY TYPES PROPRTBTARY FDND TTPP.% FITIn T7Pq.", ArrnITNT r,R_rnrPt _ �- LO4ENYU1 TOTALS CAPITAL SPECIAL INTERNAL TRUST AND GENERAL NG -TERM (ME?!ORANDUM PROJECTS ASSESSMENT ENTERPRISE SERVICE- AGENCY FIXED ASSETS DEBT ("IR.Y) $ 70,695 9 511,046 $ 2,643,789 $ (126,105) 9 I.ian,506 3 - 3 - 3 14,479,622 - - 585,227 - _ - 383,138 _ _ - 585,227 - 383,138 55,996 - - - - 55,996 546,924 - - - - ;45,924 99,867 1,427 6,164 - - 454,251 10,869 - - -- - 420,874 2,010 - - 5,828 ' - 2,385 24,800 23,508 173,398 7,796 - - 599,249 20,521 141916,064 103,681 - 21,867,522 - 36,387,267 (933,485) (24,720) - - - (958,205) 37,740 37,740 1,072,156 1.072,156 99613.557 9,513,557 S0 595 Sh0�t5 S 18.358.768 9 130.065 5 t. 204,176 S 01.857,5 9 1 5e 0. ,il S 44,499.945 $ 112,792 $ 35,889 $ 332,804 $ 33,698 S 88,916 S - S S 1,055,448 - 28,434 ' t - 68,311 101000 - 178,006 - 232,434 _ _ 136,474 ;20,874 - - 101,089 - - - - 101,089 - - 106,000 - ' - 65,402 - - - - 65,402 - - 546,924 -- - - 546,924 - - 364,411 _- ' - 53,859- - 511,782 - - - 511,782 - - 21,910 - 8,574 - - - - 238.732 52,981 319,216 ' - 10,529;197 - - - 10,045,000 20,574,197 59,064 304,302 - - - 292,917 292,917 S 122,792 S 89,748 S 11,909,766 9 42,272 S 1,197,543 S - S 10,685,713 S 24,993,2292 S $ - $ - S - S - $ 21,867,522 S - S 21,857,522 4,659,325 307,463 - - - 4.9561788 378,138 - _ _ 225.732 778,138 148,000 _ _ _ - 225,732 1,037,807 (219,669) _ - _ 148,000 918,138 40,000 (52,097) - _ _ - - 2,870 _ - - (45,013) 1,072,156 2,396 - - 76,103 472,167 _ _ 212,539 4,197 - - 1,472.590 $ (52.097) 9 432.167 S 6,449,002 9 87.794 S 6,593 S 21,357,522 S S 901,435.653 STO,A9S S 14916 a 9t 85_71 2 9 SS '0�5a_�,?I3?13 25. -4 n MAR 21 1994 Beex 56 OA'CE-77 Mr. Moat specifically referred to the General Fund, which is the basic operating fund of the county, noting that the county has total assets of approximately 2.6 million and liabilities of approximately $374,000. The total fund equity is approximately 2.3 million with an in -reserve fund balance of approximately 2.2 million and that represents about 15% of the General Operating Fund's expenditures. He stated that is a good guideline to go with. There are a lot of uncertainties throughout the year and you need a good balance so you do not have to borrow to perform your basic programs. Mr. Moat then reviewed page 28 "Changes in Fund Balances - Budget and Actual:" _ 32 INDIAN RIVER COUNTY; FLORIDA COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL ALL GOVERNMENTAL FOND TYPES FOR THE YEAR ENDED SEPT I:BER 30, 1983 GE`iERAL VARIANNCE FAVORABLE BUDGET ACTUAL (UNFAVORABLE) REVENUES Taxes , Licenses and permits Intergovernmental Charges for services Fines and forfeitures Miscellaneous TOTAL REVENUES EXPENDITURES Cu General Government Public Safety Physical Environment Transportation Economic Environment Human Services Culture/Recreation Debt Service: Principal Interest Capital Projects TOTAL EXPENDITURES EXCESS OF REVENUES OVER (UNDER) MrNDITURES OTHER FINANCING SOURCES (USES) Operating transfers in Operating transfers out Lease purchase proceeds Proceeds of general obligation bonds TOTAL OTHER FINANNCLVG SOURCES (USES) EXCESS OF REVENUES AND OTHER SOURCES OVER (UNDER) EXPENDITURES AND OTHER USES FUND BALANCES AT BEGINNING OF YEAR, AS ?R0IIOUSL'I REPORTED Restatements (Note 8) FUND 3.31ANCES AT BEGINNING OF YEAR, AS RESTATED Excess of revenues and other.sources over (under) expenditures and other uses Increase (decrease) in reserve for inventory Residual equity crans,-er FUND 3ALANCES AT -`D CF YMAR - (deficit) 28 $ 7,421,498 $ 7,317,657 $ (103,841) 145,800 214,816 69,016= 2,542,963 2,369,597 (173,366) 1,098,661 1,070,535 •(28,126) 325,000 313,618 (11,382) 1,809,297 823,998 (985,299) $ 13,343,219 $ 12,110,221 S (1,232,998) $ 4,979,823 $ 4,819,039 $ 160,784 4,674,944 4,701,274 (26,330) 346,629 388,240 8,389 3,722,708 3;462,987 259,721 63,268 61,954 1,314 627,838 622,442 5,396 634,877 632,309 2,568 $ 15,100,087 S 14,688,245 $ 411,842 L (1,756,868) S (2,578,024) $ (821,156) S 677,732 $ 1,443,663 S 765,931 (204,000) (362,259) (158,259) 114,433 114,433 S 473,732 S1,195,837 S 722,105 S_ (1.233 '36) S (1,382.187) S (4a,r5t1 $ 3,771,321 $ 3,771,321 S — $ 3,771,321 $ 3,771,321 $ — (1,293,136) (1,382,187) (99,051) (217,336) (217,336) 148,780 148.780 S 9 524 See accocroanying notes to financial statemerca. 33 MAR 21 1984 Boor 6 DACE 478 MAR 21 1994 BOOK 56 FACE 0 Mr. Moat explained that this page shows the relation- ship between the County's budget and actual results throughout the year. The anticipated collections were 13.3 million, and the actual collections were 12.1 million, or 1.2 million less. The anticipated expenditures were 15.1 million and actual expenditures were 14.6 million. In other words, the County was underbudgeted by about $411,000. It was anticipated to go into that fund balance by approxi- mately 1.2 million and it ended up at about 1.3 million, which is fairly close. Commissioner Wodtke questioned the phrase "underbudgeted," and Mr. Moat explained that what he had meant to say was that the County actually spent less than they anticipated spending and less than was budgeted. Chairman Scurlock wished a clarification in regard to the Confiscated Property referred to on Page 202 which is a part of the auditor's report to the Sheriff: CONFISCATED PROPERTY •In our review of the controls surrounding the confiscated property, we noticed that the quarterly reports required by Florida Statutes, Chapter 932.704(5), had not been filed with the Board of County Commissioners during the last two fiscal years. On February 1, 1984, a report was submitted to the Board of County Commissioners listing various receipts and disbursements within the OCB checking account. After reviewing the report, we noted that it did not contain all the required information. Specifically, we noted that the report did not include proceeds from the sale of a boat for $50,000, previously remitted to the Board, or a listing for three other boats and two cars awarded by the court and not sold. We understand that by remitting the money from the sale of the boat directly to the Board, your office assumed the reporting requirement had been met. Additionally, the report included transfers from the Board in the amount of $15,000, a redeposit of "flash money" for $5,900 and a donation of $300. These monies are not directly related to the con-fiscation and forfeiture of money or property and should not have been included. We again recommend that the quarterly reports required by Florida Statutes be submitted to the Board on a timely basis. This report should specify the type and approximate value of property received, amount of any proceeds received and the ultimate disposition of property not sold. The forms, shown to us, that you intend to use for future quarterly reports should meet the requirements of the Statute. 34 Chairman Scurlock noted there was a concern in interpreting the Statute as to what our requirements were and those of the Sheriff's Department. He believed the auditors suggested at that time that there was a difficulty with this throughout the State of Florida, and their firm was working on some proposed legislation regarding a specific format. The Sheriff has made assurances that he is desirous of submitting the required information and on the proper form. Mr. Moats agreed that sometimes these forms are too vague and not specific about what should be included. It was suggested that they continue working on this with the Sheriff's Department. Chairman Scurlock asked if there is any question in the auditor's mind as to whether this account is all right and no money is missing. Mr. Moats stated that in looking through the Sheriff's financial statement, they found some problems with the filing of the report, and he believed some management things should be cured, but they saw no wrong doing. He noted that, as auditors, they are engaged to render an opinion and also to report any weaknesses there may be in internal control. If there should be a need for any improvements in the County's accounting system, it is their responsibility to let this be known. Chairman Scurlock believed that we just want to identify a better approach for next year. The Chairman continued that one other thing he is interested in as a Commissioner in a growing community is to determine whether we are receiving all the various reports required by law. Mr. Moats stated those they did review have been done properly, but they did not check all of them. 35 MAR 211984 Bead ' 56 MAR 211984 Boas 56 PA-cE481. Commissioner Wodtke did not feel the auditing done by May Zima allows them to answer all these questions in depth. What this type of audit does is point out areas of weakness. Mr. Moats noted that May Zima does a lot of govern- mental auditing, and while they did not examine all the detailed reports he did believe the County generally is getting all the reports it needs. Chairman Scurlock asked Finance Director Fry if we are on a program now of setting up some kind of tickler file to be sure we are receiving everything that we should as required by Statute. Mr. Fry stated that he does know we are getting all the required reports from the Constitutional Officers, but he has not researched about all the independent districts. Commissioner Bird inquired whether in doing an audit on the Sheriff, for instance, the auditor tracks the actual seizing when a vehicle is confiscated and how the funds flow from that to other purposes. Mr. Moats stated that their audit doesn't go down to tracking individual items. It does it in general, and that is why they suggested some changes in the Sheriff's accounting system. Chairman Scurlock discussed the possibility of the court awarding confiscated funds directly to the Commission as we are the ones who release those funds for the Sheriff's use. Commissioner Bird felt in the case of money, that would be very simple, but in the case of confiscated equipment, it could pose a problem. Sometimes the Sheriff makes use of the confiscated cars, and his people drive them or trade them or sell them. Administrator Wright noted that we have some of them. Commissioner Lyons did feel that we need to know who has what, and the Board continued to discuss the documenting 36 u of confiscated property, which is a growing problem all over the State. Chairman Scurlock felt the real concern is that this isn't just a small operation any more - it involves substan- tial amounts of dollars for large items such as airplanes and boats. He did not see this issue getting smaller and. believed this is an aggressive vehicle to attack the drug traffic and organized crime, but we must be able to account for these items properly. Mr. Moats agreed this is becoming big business and it must be controlled. In further discussion, it was noted that just one boat can be worth $50,000, and Commissioner Wodtke reported that the law now states that items confiscated through the federal system belong to the federal government, but a Bill is being proposed whereby those items confiscated through federal court would go to the state where they are confiscated. Mr. Moats assured the Board that the auditors looked very hard at these areas and he hoped they made good suggestions. These areas involved with Constitutional Officers are very delicate and he hoped we can all work together. Mr. Moats then went on to discuss Page 32. He realized that the County is in the process of evaluating the vehicle maintenance program, and noted that setting it up an internal service fund puts it into an avenue where it can be evaluated. In regard to the Water and Sewer Enterprise Fund, which is covered on Page 102, Mr. Moats pointed out that there was a rate increase, and the operating income this year is approximately $246,251 while last year there was a loss of about $28,000. Depreciation expense is included in that number. He did realize that there have 37 MAR 2.1 1994 �QOi( FACE48* . I MAR 21 194 BOOK 5 6' PAGE"4II3 been improvements in the water and sewer system and that these are being evaluated. Administrator Wright emphasized that we are not actually making that much money because we have got some additional debt coming on line and a number of other things; so, we cannot feel we are rich. Mr. Moats confirmed that any time you have an enter- prise system, you have to have sufficient coverages and the fund is on a user charge basis and must stand on its own. Chairman Scurlock inquired what May Zima is hearing statewide in regard to the possible effect of Proposition I as it would apply to the utility system. Mr. Moats was not sure of the overall effects, but believed it would have a drastic effect since Proposition I addresses all revenues and an enterprise fund must have enough revenues to meet its costs. Commissioner Wodtke wished to know if the fixed assets reviewed on Page 39 include the Supervisor of Elections and her voting machines, etc. Finance Director Fry explained that the Supervisor of Elections operation is accounted for under the Board and is included in the Board of County Commissioners financial statements. The Board actually buys all her equipment out of their budget; so, these are the Board's assets to start with. Also with reference to Proposition I, Commissioner Wodtke commented on the statement made on Page 42 in regard to the rate at which Florida counties are allowed to levy property taxes, which points out that even though we are allowed to levy up to 10 mills, our current millage rate is 3.46325. He further noted that the figures presented on Page 162 show that while the County's total assessed value has increased by four times over the last ten years, the IN � � r M M total tax levy has increased less than three times. Commissioner Wodtke was very interested in the good statis- tical figures supplied in this report, many of which he had never seen before. Chairman Scurlock agreed that the information provided by the Finance Department is unbelievably helpful. For instance, it shows that with the great increase we have had in population, our school population only went up by a relatively small amount, which clearly shows the type people moving to the County. The Chairman believed these statistical figures show us what is consistent and that is the kind of information that can help the Commission make future decisions in a better way. Finance Director Fry stated that if there is any additional statistical information the Board feels would be useful, he will try to find it and include it in the next report. Chairman Scurlock asked for statistical information on the mobile home community. Commissioner Wodtke believed the square mileage figure given for the County of 497 should be checked since Planning has a figure of 523 square miles. He then discussed the necessity to 'reply to the comments made in the audit within 20 days and wished to know exactly what responsibility the Board of County Commissioners has in relation to the comments made to the Constitutional Officers. Do we have to see that the recommendations made to them are addressed? Attorney Brandenburg explained that under the law the County is given the responsibility to set up the team of people who choose the accountants and make sure they do a thorough job and submit a report to meet the statute. The Commission is responsible for curing only errors which were made in their own books and accounts and instituting the 39 MAR 2 11984 B�aK 56 FACE 48 MAR 211984 56 P*485. recommended programs. The Constitutional Officers have the responsibility of addressing any comments made to them. Finance Director Fry assured the Board that all recom- mendations will be complied with, and, in fact, most of the recommended changes have been instituted already.` The criticism in regard to fixed assets will take a little longer to clear up. He felt the suggestions made were good ones. Chairman Scurlock stated that he would like statistics comparing budget growth to population growth for the Constitutional Officers as well as the Board. Finance Director Fry noted that the chart on Pgs. 160- 61 breaks down where funds have been expended over the years, and this does include the Constitutional Officers. Commissioner Lyons believed that this is about the cleanest audit he has ever seen. Commissioner Wodtke brought up the idea of forming a budget and audit committee - not a finance committee. He felt such a committee would give the general public an , opportunity to have direct input into the budget and auditing process and believed in some cases it could provide a vehicle for finance to address concerns that came up in the audit. Mainly it would be an opportunity for the general public to have input and give them some accounta- bility. Commissioner Wodtke asked if the Board might want to give this some consideration. He felt possibly we could have one County Commissioner chair such a committee and have two or three lay people in community service who could be involved in a fact finding way. Administrator Wright stated that he would have no problem with the audit part, but asked if Commissioner Wodtke would want us to do budget presentations to a lay committee. 40 Commissioner Wodtke stated that he was not really con- sidering that, but he believed to deal with the audit, they should know something about the budget too. He felt possi- bly we could have a member from the Taxpayers Association. Chairman Scurlock believed the Commissioners can give this suggestion some thought, and stated he would bring this up at the next Finance Advisory Committee meeting. Administrator Wright referred the Board to the response made to the audit comments on the Board operation by staff, which is included towards the end of the Report. Commissioner Wodtke brought up the comments made re car allowances and noted that for about 10 years during audits we have been back and forth about the car allowance situation and whether to keep a log or not keep a log, etc. Commissioner Lyons believed we are getting into detail here that we have not had an opportunity to look at and did not feel we could go into all this in depth at this time. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird,_ the Board unanimously accepted for the record the Comprehensive Annual Financial Report for the Fiscal Year ending September 30, 1983. Said Comprehensive Annual Financial Report is on file in the Office of the Clerk. Chairman Scurlock thanked Finance Director Ed Fry for his work with this report and stated that the Board is well pleased. Director Fry thanked May Zima for their cooperation and assistance, and Clerk Freda Wright also expressed her appreciation of the work done by Finance Director Fry. 41 MAR 211984 PAcF 48 PRESENTATION RE SOLVING PROBLEMS OF DESTITUTES Bea 56 pw-487 Alison DeGenero came before the Board, not to ask for tax dollars, but to express his concern for his fellow man who doesn't have a meal or a place to sleep and needs a job. He noted that his Neighbors Helping Neighbors program has been addressing this, and he has been getting calls from Crisis Line for several years in regard to finding help for people who have no place to go. He has always tried to find a place to help them out, but there really is no facility in this county. Mr. DeGenero announced that he now has learned of a wonderful place in Melbourne called Christ is the Answer (CITA), which will take these people in without any charge. Mr. DeGenero then introduced John Ellison, who runs the CITA rescue mission. Mr. Ellison informed the Board that CITA has an average of about 70 people in their mission at all times; they sometimes run around 80 or even higher and will always find room for one more. They take in abused women and children, pregnant girls, alcoholics, drug addicts, destitute people, etc. He stated that they began in 1969 with no money; since then they have never incurred any financial obligation, and today it is costing them about $1,000 a day to run the shelter. Mr. Ellison explained that they have an upholstery shop, a refrigeration shop, an electronic repair shop, where the people they provide with shelter can work, and they repair things people can no longer use. Mr. DeGenero emphasized that all he is looking for today is liaison assistance. He is just asking that the Commission let the Sheriff's Department transport these needy people to the County line where they can be met and transported to the rescue mission. Mr. DeGenero then played a tape of a local citizen urging the Board to comply with his request. He noted that CITA is a large building on the west side of U.S.1 at the entrance to Melbourne. It is an 42 old hotel which has been turned into a rescue mission. They try to clean these people up and teach them the Gospel. Chairman Scurlock noted that we do not have direct control over the Sheriff's Department and all we can do is say that we have no objection to the Sheriff transporting these people. Discussion followed, and Commissioner Wodtke felt if this agency is willing to assist us with some of the problems we have here, it is very commendable, and he would like to urge the Sheriff and other agencies in town to look into the possibility of making use of this facility. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously authorized the Chairman to send a letter to the Sheriff stating that if he wishes to transport destitute people to the north County line as requested, we do not oppose the concept; we are appreciative of the fact that CITA is offering this assistance to people in our area and would urge the Sheriff and other civic agencies to look into the possibility of using their services. TRAFFIC SIGNAL MAINTENANCE - U.S.1 AT EIGHTH STREET The Board reviewed staff memo, as follows: 43 MAR 21 1984 BOOK 56 PgF458 MAR 211984 B®OK PACE 489 TO: The Honorable Members of DATE: March 12, 1984 FILE: the Board of County Commissioners THROUGH: Michael Wright, County Administrator SUBJECT: Traffic Signal Maintenance and Operation James W. Davis, P.E. Order 1-84 (U.S. 1 at Eighth Street) Public Works Direct c;;? L. Orr,',/� REFERENCES: Traffic Engineer DESCRIPTION AND CONDITIONS The Florida Department of Transportation has granted the County's request to install a traffic signal at the intersection of U.S. 1 and Eighth Street. This intersection is expected to become more congested in association with the scheduled improvements to Eighth Street between Old Dixie Highway and Sixth Avenue. Indian River County will be responsible for the entire cost of signal instal- lation. Upgraded equipment has been requested through F.D.O.T.'s equipment purchase program, but should not be received until 1985. ALTERNATIVES AND ANALYSIS. I A. Authorize the Chairman to sign the attached Maintenance and Operation Order (four copies) and install a traffic signal at the intersection of U.S. 1 and Eighth Street. B. Deny acceptance of the Maintenance and Operation Order and installation of a traffic signal at U.S. 1 and Eighth Street. RECOMMENDATION AND FUNDING Alternative A is recommended since the intersection of U.S. 1 and Eighth Street will be severely impacted after improvements to Eighth Street between Old Dixie Highway and Sixth Avenue are completed this summer. Surplus equipment will be available from the Sixteenth Street project which can be used at the proposed signal. Budgeted funds are available to construct the signal (estimated at $5000.00) using in-house labor. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously authorized the Chairman to sign the DOT Mainte- nance and Operation Order re installation of a traffic signal at the intersection of U.S.1 and 8th Street as recommended by staff. 44 PROPOSED REVISED RESTRICTIONS - BARBER BRIDGE Traffic Engineer Michael Orr reviewed the following memo and letter from the Vice Mayor of Sebastian: TO: The Honorable Members of DATE: March 13, 1984 FILE: the Board of County Commissioners THROUGH: Michael Wright, County Administrator SUBJECT: State Road 60 Bridge (Barber B_ric Public Works Directo James W. Davis, P.E. Proposed Revised Restrictions r FROM: Michael L. Orrl&w REFERENCES: Traffic Engineer DESCRIPTION AND CONDITIONS A study of the adequacy of existing bridge opening restrictions was directed by the. Transportation Planning Committee in March, 1983 due to excessive number of bridge openings combined with. an increasing traffic volume. Traffic counts were obtained and submitted to the Florida Department of Transportation for analysis and recommendations to the U.S. Coast Guard. The attached amendment to bridge operations are proposed by the Coast Guard as published in the Federal Register. Comments are due from the public by March 29, 1984. ALTERNATIVES AND ANALYSIS A. Approve the bridge opening schedule proposed by the Coast Guard for the _December 1 - April 30 season. This schedule establishes legal bridge openings once per quarter hour for weekdays. (This schedule does not include provisions for peak hours or for weekends). B. Recommend a revised schedule to the Coast Guard, considering peak hour and weekend traffic, as follows for the December 1 - April 30 season: 1. For weekday peak traffic periods (7:45 a.m. to 9:00 a.m., 12:00 noon to 1:15 p.m., 4:OOp.m. to 5:15 p.m.) open once at 8:30 a.m., 12:30 p.m. and at 4:40 p.m. 2. During non -peak weekday periods, weekends and holidays, open once per quarter hour as demanded. RECOMMENDATION AND FUNDING Alternative B is recommended to better serve peak traffic periods and to establish a bridge opening schedule during weekends and holidays. No County funds are required. 45 MAR 21 1984 �0a6 FACE MAR 21 1984 soros 56 ,,c '491 City of Sebastian. Pat Flood, Jr. POST OFFICE BOX 127 0 SEBASTIAN, FLORI Mayor TELEPHONE (305) 589-5330 March 14, 1984 i Mr. Michael Orr Traffic Engineer County Administration Bldg. 1840 25th Street Vero Beach, Florida Dear Mr. Orr, d t� 2i �' � C�J7 � borate C. Krages _ �.'1�Cj�� City Clerk Confirming our conversation of March 13 concerning the proposed schedule for openings of the Barber Bridge, as a voting member of the IRC Transportation Planning Committee the following views are offered for consid— eration: 1. I am in favor of restricting the bridge openings during peak vehicular traffic hours to once dur- ing each time period, Monday through Friday, preferably at the mid -point of the time period. I believe this restriction should apply through- out the year and not to just the tourist season. 2. I am also in favor of restricting bridge openings at all other hours to four (4) times per hour, preferably on the quarter hour, beginning on the hour. Sincerely yours, L o ert J. tzmaurice Vice -Mayor --City of Sebastian RJF/dlb Chairman Scurlock reported that this matter has been reviewed by the Transportation Committee, and there was a great concern. He believed that the bridge tender gets very independent about opening the bridge. Commissioner Lyons informed the Board that he had received a call from Jeannette Lier of the Town of Orchid, who has raised the question of whether it is really 46 W -�n'�n Confirming our conversation of March 13 concerning the proposed schedule for openings of the Barber Bridge, as a voting member of the IRC Transportation Planning Committee the following views are offered for consid— eration: 1. I am in favor of restricting the bridge openings during peak vehicular traffic hours to once dur- ing each time period, Monday through Friday, preferably at the mid -point of the time period. I believe this restriction should apply through- out the year and not to just the tourist season. 2. I am also in favor of restricting bridge openings at all other hours to four (4) times per hour, preferably on the quarter hour, beginning on the hour. Sincerely yours, L o ert J. tzmaurice Vice -Mayor --City of Sebastian RJF/dlb Chairman Scurlock reported that this matter has been reviewed by the Transportation Committee, and there was a great concern. He believed that the bridge tender gets very independent about opening the bridge. Commissioner Lyons informed the Board that he had received a call from Jeannette Lier of the Town of Orchid, who has raised the question of whether it is really 46 W necessary to have a 15 minute limitation during the night hours as there is very little boat traffic at night, and it can be hazardous to have boats maneuvering around the N channel in the dark waiting for the bridge to open. Traffic Engineer Orr believed that is a good point and felt possibly another time period could be specified between 10:00 P.M. and 6:00 A.M. 'The Board members concurred. Commissioner Bird did not believe there are any nighttime regulations specified, and Mr. Orr noted that under B-2 they would be the same as a non -peak weekday, or once per quarter hour as demanded. Discussion followed as to just imposing the quarter hour limitation during daylight hours and opening on demand after that. Commissioner Wodtke thought that what is suggested in Alternative B is the schedule which is in existence now,'and Mr. Orr agreed that B-1 is the same, but there are no non -peak regulations at this time. Discussion continued as to the various time periods, and Commissioner Wodtke felt that the quarter hour period is sufficient both for car traffic and boaters. He believed that only opening one time between 7:45 and 9:00 A.M., etc., is a bit restrictive. Commissioner Lyons didn't have any problem with that, but was concerned about the nighttime hours. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, Commissioner Wodtke voted in opposition, the Board by a 4 to 1 vote agreed to accept the recommendation of staff with the addition that the bridge will open on demand from one hour after sundown until 7:45 A.M. 47 MAR 21 1984 goo '6 PACES H MAR 2 11984 BOOK 56 PAC 493 SALE OF COUNTY PROPERTY The Board reviewed staff memo and recommendation, as follows: TO: The Board of County DATE: FILE: Commissioners March 15, 1984 SUBJECT: Sale of County Property NA of SEk Section 26, Township 32S, Range 39E Parcel #26-32-39-00000- 7000-00011.0 FROM: Liz Forlani REFERENCES: Administrative Aide , DESCRIPTION AND CONDITIONS Bids were received March 13, 1984 at 11:00 o'clock A.M. for sale of County Property listed above. This property is located in the Gifford area just north of the Geoffrey Subdivision on the southside of 39th Street, approximately 100 feet east of US Highway 1. All adjacent property owners were notified of the County's intention to accept bids for sale of this property. ALTERNATIVES AND ANALYSIS The high bid was submitted by William C. & Josephine M. Borland in the amount of $7,025.00. Mr. Borland included a bank check for 10% of the bid, in the amount of $702.50. The current assessment on this property, taken from the tax roll, is $6,300. RECO14MENDAT ION It is recommended that we sell the above described property to William C. & Josephine M. Borland in the amount of $7,025.00; that the Attorney be authorized to prepare a deed; and that the recording costs be the responsibility of the Borlands. It is also recommended that the funds received from this sale be deposited in an account earmarked for park acquisition and the development of existing park properties. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously approved the sale of County property in the NW4 of the SE4, Section 26, Township 32 South, Range 39 East, Parcel #00000-7000-00011.0, to the high bidder, William & Josephine Borland for $7,025. 48 SCHEDULING OF SUMMER VACATIONS Chairman Scurlock felt that since the Board is now meeting weekly, it would be helpful to give some thought to working out scheduling for summer vacations. He asked if the Board would prefer to eliminate one or two meetings or just make sure that we have the quorum necessary to hold the weekly meetings. Commissioner Bird reported that he is very flexible this summer and has no particular plans; Commissioner Wodtke stated that he had some conventions he would be attending; and Commissioner Lyons felt it would be worthwhile just to work up a schedule sheet so we can be aware of everyone's plans. It was generally agreed to set up a calendar showing . the Commissioners' plans for June, July and August, and work around that. DISCUSSION RE PROPOSED "BOTTLE BILL" Commissioner Lyons reviewed the following letter in regard to a resolution adopted by Brevard County in regard to requiring refunds on all soft drink and beer containers: 49 o WE 49 MAR 211984 MAR 9 11984 March 1, 1934 Chairman Don C. Scurlock Indian River County Commission 1840 2Sth St Vero Beach, FL 32960 Dear Commissioner Scurlock: B©oK 56 FAGS 495 Enclosed is a copy of:a resolution recently passed by the Brevard'County Commission asking the state Legislature to pass a bill- to encourage re- cycling containers for beer and soft drinks. The Legislature is expected this session to consider a bills(SB 216/HB440) that would require refunds all returned soft drink and beer containers. The resolution states that the Brevard County commissioners believe throwaway containers are wasteful of energy resources, taxing natural resources and contrary to the aim and commitment of the people of Brevard County. A similar resolution was recently passed by the Titusville and Melbourne City Councils. Accordingly,'I-encourage Indian River County Commission to draft and vote for a similar resolution. Thank you for your consideration. Si cerely, James M. Kraft Chairman, Government Relations Committee Keep Brevard Beautiful, Inc 1948 Pineapple Ave Melbourne, FL :2935 Enclosure Commissioner Lyons believed that in all the states where this Bill has passed, it has not presented any big problem, and it would serve.to clean up the state considerably as well as help with conservation. Motion was made by Commissioner Lyons, Seconded by Commissioner Bowman, to go on record and adopt a resolution similar to that adopted by Brevard County. Commissioner Bird noted that he got involved in this previously when he was on the other side of the fence, and there is a definite additional cost to someone buying the product. They do get the deposit back, but it does mean storing bottles and cans around the house and then returning them, etc. He felt that he did not know enough about all the ramifications of this subject to make a decision now. 50 Commissioner Wodtke believed we could get a copy of the Senate and House Bills and see what has been written up, and Commissioner Bird stated that he would like to have this additional information. He did believe this does have an effect on our local retailers. Commissioner Bowman felt that it is now proposed that the retailer will get a 14 rebate for handling. -Commissioners Lyons and Bowman withdrew their Motion. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously agreed to defer action on the above matter until the next regularly scheduled meeting when we can review the appropriate Bills. JAIL REPORT Commissioner Lyons reviewed the following memo: 51 MAR 21 1984 Boa 56 PACE 496 TO: The Board of County Commissioners FROM: P.atri B. Lyons Vic hairman DATE: March 20, 1984 SUBJECT: REFERENCES: sea S6 PMCE497 FILE: When the team from Frizzell Architects met with the Board of County Commissioners two weeks ago, questions concerning staffing levels of the facility were brought up by Commission members. To satisfy these questions I traveled to Tallahassee along with County Administrator Michael Wright and Jail Admini- strator Bill Baird to meet with the Department of Corrections officials. As a result of our conversation and a preliminary review of the plans by the Department of Correction administrators, it was brought to our attention that additional staffing of eight (8) to twelve (12) persons would be necessary to man the jail. This is in addition to the proposed staffing level of fifty- four (54) employees. Believing this would be unacceptable to the Commission, a meeting was held with George Bail of Frizzell Architects. Con- cerns about the apparent increased staffing levels were discussed and the architects were requested to reconsider the design and see if a more staff efficient facility could be built that still would meet our construction budget. As a result of this meeting, I am requesting a joint meet- ing of the Board of County Commissioners and Jail Committee to be held March 29, 1984 at 10:00.a.m. Secondly, I am formally asking the Board of County Commissioners to suspend work on the current jail plan until our differences can be resolved. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bird, to rescind authorization for Frizzell Architects to proceed with the recently approved Jail design and the next phase of their work. Chairman Scurlock noted that he has withheld signature from any document that would authorize their moving ahead and felt possibly there should be some Motion to direct him. 52 r Discussion continued, and.Commissioner Wodtke expressed concern about the architects fighting among themselves. Administrator Wright and Commissioner Lyons believed those concerns will be addressed before the joint meeting with the Jail Committee on March 29th. Chairman Scurlock emphasized that he had made a point of asking the architects if there was anything that could be changed to reduce costs and they said absolutely not. He believed the Board's decision had been made based on erroneous assumptions. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. APPOINTMENTS TO COUNTY -WIDE RECREATION COMMITTEE Commissioner Bird recommended that the people listed in the following memo be appointed to the County -wide Recreation Committee. He felt they represent a good cross section of recreational interests in the county. 53 MAR 21 1984 -56 PA.a. M MAR 21 1994 TO: Board of County Commissioners FROM: Richard N. Bird Commissioner NANCY BRYANT 1525 Club Drive DATE: March 12, 1984 Boaz '56 nu^ 99 FILE: SUBJECT: County -wide Recreation Committee REFERENCES: Resident of Vero Beach for 11 years. Married -with 4 children. Manages Modeling Agency in Vero Beach. They have a program through the City Recreation Department. She is Vice President of Indian River County Mental Health Association, and Co -Chairman of United Way. She has served on the Governor's Challenge for Creative Crime Control. PAT CALLAHAN Director, Recreation 2266 14th Avenue Pat is the Director of the Vero Beach Recreation Department, and is a current member of the Indian River County Parks and Recreation Committee. RENE VAN de VOORDE P. 0. Box 185 Sebastian 32958 He is an Attorney in Sebastian; Chairman of the North County Recreation Committee, and a member of the Indian River County Parks and Recreation Committee. JOE IDLETTE 4320 35th Avenue Gifford 32960 He has been a leader in the Gifford Community for many years. He is a member of the School Board, and A member of the Community Development Block Grant Advisory Committee. JOHN MARINO 836 34th Avenue Employed at Flight Safety. He grew up.in Ft. Lauderdale, and graduated from University of Florida. He spent 9 years in the Military as a Pilot; while in the Military, he was involved in many physical fitness activities. He has been a resident of Vero Beach for 5 years, and is the Secretary of the Mens Republican Club; a member.of the Republican Party Executive Committee, as well as being a member of Rotary. 54 EUGENE O'NEILL 979 Beachland Blvd. Vero Beach 32963 Practices law with Gould, Cooksey, Fennell, Appleby, Barkett & O'Neill firm. He has been a resident of Vero Beach for approximately 8 years. He graduated from Merrimack College, and Western New England Law School. He is an avid tennis player and bicycle enthusiast. He was on the first Vero Beach Recreation "Bike to Bangor" program. KEN BAER 646 34th Terrace Ken is Assistant Comptroller for Dixon/Bryn Marr. Hegraduated from FAU, and has been a resident of Vero Beach for 41-2 years. He has a financial background,_ and has coached football and baseball teams. RECOMMENDATION It is my recommendation that the above 7 members be appointed to serve on the County -wide Recreation Committee. MOTION WAS MADE by Commissioner Bird, SECONDED by Commissioner Wodtke, to appoint those listed in the above memo to the County -wide Recreation Committee. Discussion ensued regarding having a sufficient mix of County and City residents on the committee, and Commissioner Bowman pointed out that there is only one representative from the North County, and Fellsmere has been overlooked completely. Commissioner Bird noted that Rene Van de Voorde is chairman of the North County Recreation Committee which encompasses the entire North County area. Commissioner Bowman stressed that she would like to see someone else from the North County on this committee, possibly Susie Wilson. Discussion followed as to having the Motion include, besides approval of those listed, the possibility of an additional member. 55 MAR 211984 306K c+CEianQ` MAR 21 1984 PACE" � Commissioners Bird and Wodtke agreed to add to their Motion the possibility of appointing an additional member. THE CHAIRMAN CALLED FOR THE QUESTION on the Motion including the addition. It was voted on and carried unanimously. ADDITIONAL DUNE WALKOVER AT TRACKING STATION PARK Commissioner Bird reviewed the memo of Environmental Plannner Challacombe, as follows: TO: The Honorable Members DATE: March 20, 1984 FILE: of the Board of County Commissioners APPROVAL TO LET BIDS FOR THE CONSTRUCTION OF SUBJECT: AN ADDITIONAL DUNE THROUGH: Michael Wright WALKOVER AT THE TRACK - L. S. "To y" Thomas ING STATION PARK Q.— FROM: Art Challacombe REFERENCES: BCC/Trkg. Sta. Environmental Planner ARTCHA It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of March 21, 1984. DESCRIPTION & CONDITIONS With the development of the Tracking Station Park, Indian River County currently has spent $257,044.43 of the $277,500.00 Florida Department of Natural Resources FRDAP grant. This will leave a balance of -$20,455.57. Staff has requested, to the D.N.R., that this balance be used for an additional dune walkover. Mr. Donald Gerteisen and Mr. Chris.Cristy of the D.N.R. have orally given their approvals for the County to.proceed with the project and will be forwarding letters to that effect. Mr. Cristy has emphasized that Indian River County must have the proposed project completed by June 12, 1984. If construction is not completed at that time, the County will have to reapply for a new D.N.R. permit. - Given the limited time frame for completion of the proposed project, the County must act quickly to request for bids, select the contractor, and approve a construction contract. 56 � � r RECOMMENDATION Staff requests that the Board of County Commissioners approve construction of the proposed additional walkover and instruct staff to request for bids as soon as possible. AC/b ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously approved construction of the proposed addi- tional walkover at the Tracking Station Park and instructed staff to request bids as soon as possible. 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. 91001 - 91389 inclusive. Such bills and accounts being on file in the Office of the Clerk of the Circuit Court, the warrants so issued from the respective bonds being listed in the Supplemental Minute Book as provided by the rules of the Legislative Auditor, reference to such record and list so recorded being made a part of these Minutes. There being no further business, on Motion made, seconded and carried, the Board adjourned at 11:58 o'clock A. M. Attest: Clerk L C-- 71 Chairman 57 MAR 211984 Boa* 56 FACE