HomeMy WebLinkAbout7/3/1984Tuesday, July 3, 1984
The Board of County Commissioners of Indian River
County, Florida, met in Special Session at the County
Commission Chambers, 1840 25th Street, Vero Beach, Florida,
on Tuesday, July 3, 1984, at 10:00 o'clock A.M. Present
were Don C. Scurlock, Jr., Chairman; Patrick B. Lyons, Vice
Chairman; Richard N. Bird; and William C.,Wodtke, Jr.
Absent was Margaret C. Bowman due to illness. Also present
were Michael J. Wright, County Administrator; Gary
Brandenburg, Attorney to the Board of County Commissioners;
Jeffrey K. Barton, OMB Director; and Virginia Hargreaves,
Deputy Clerk.
The Chairman called the meeting to order, and Commis-
sioner Bird led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA
The Chairman asked for any additions to the agenda, and
there were none.
APPROVAL OF MINUTES
The Chairman asked if there were any additions or
corrections to the Minutes of the Regular Meeting of June 6,
1984. There were none.
MOTION WAS MADE by Commissioner Lyons, SECONDED
by Commissioner Bird, to approve the Minutes of
the Regular Meeting of June 6, 1984, as written.
Commissioner Wodtke noted that he had not had an
opportunity to read the Minutes listed on the agenda today,
but he would vote for their approval.
THE CHAIRMAN CALLED FOR THE QUESTION. It
was voted on and carried unanimously (4-0).
BOOK 57 FA,CE 5?09
JUL 3 1984
r UUL 3 1984
BOOK 157 F0j,-a3Q
The Chairman asked if there were any additions or
corrections to the Minutes of the Regular Meeting of
June 13, 1984. There were none.
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Bird, the Board unanimously
(4-0) approved the Minutes of the Regular
Meeting of June 13, 1984, as written.
CONSENT AGENDA
A. Release of Code Enforcement Board Liens
ON MOTION by Commissioner Bird, SECONDED
by Commissioner Wodtke, the Board unanimously
(4-0) approved and authorized the Chairman's
signature on Satisfaction and Release of Code
Enforcement Board Liens for the following:
J. W. Dickson, I.R.Trading Corp.
Doyle H. Jones
Mr. K. B. Smith
2
SATISFACTION AND RELEASE OF CODE ENFORCEMENT BOARD LIEN
KNOW ALL MEN BY THESE PRESENTS:
That, INDIAN RIVER COUNTY, a political subdivision of
the State of Florida, first party, for and in consideration of the
sum of TEN DOLLARS ($10.00) or other valuable considerations,
received from or on behalf of Indian River Trading Corporation,
J. W. DICKSON, President, Second Party, the receipt whereof is
hereby acknowledged;
(Whenever used herein the terms "First Party" and
"Second Party" shall include both the singular and the plural, and
all heirs, legal representatives, and assigns of individuals,
and the successors and assigns of corporations, wherever the
context so admits or requires).
HEREBY remises, releases, acquits, satisfies and forever
discharges said Second Party, from that certain claim of lien
described as "Revised Order Imposing Penalties and Lien' dated
January 3, 1984, and recorded in Official Record Book 0679 at Page
0163 of the Public Records of Indian River County, Florida, `
heretofore encumbering real property -situate in Indian River
County, Florida, as more fully described in said order imposing
,penalties and lien.
IN WITNESS WHEREOF, the Chairman of the Board of County
Commissioners and the Clerk to the Board have hereunto set their
hands and seals this 29th day of June ; 19 84.
INDIA RIVER COUNTY, FLORIDA
ByZIL C
DON C. SCURL CK, aChai n
Board of County Commissioners
Attest: Z9 ^
APPROVE e TO FORM AND
LEGAL C ENCY:
l �dl
COUNTY O-RNBKZ
3
JUL 3 1984
BooK 57 FACUE5P3I
A
JUL
3 1994 BOOK 57 FA -H 532
SATISFACTION AND RELEASE OF CODE ENFORCEMENT BOARD LIEN
KNOW ALL MEN BY THESE PRESENTS:
That, INDIAN RIVER COUNTY, a political subdivision of
the State of Florida, first party, for and in consideration of the
sum of TEN DOLLARS ($10.00) or other valuable considerations,
received from or on behalf of DOYLE H. JONES, Second Party, the
receipt whereof is hereby acknowledged;
(Whenever used herein the terms "First Party" and
"Second Party" shall include both the singular and the plural, and
all heirs, legal representatives, and assigns of individuals,
and the successors and assigns of corporations, wherever the
context so admits or requires).
HEREBY remises, releases, acquits, satisfies and forever
discharges said Second Party, from that certain claim of lien_
described as "Order Imposing Penalties and Lien" dated March 26,
1984, and recorded in Official Record Book 682 at Page 2616 of the
Public Records of Indian River County, Florida, heretofore
encumbering real property situate in Indian River County, Florida,
as more fully described in said order imposing penalties and
lien.
IN WITNESS WHEREOF, the Chairman of the Board of County
Commissioners and the Clerk to the Board have hereunto set their
hands and seals this 3rd day of July , 1984.
INDIAN RIVER COUNTY, FLORIDA
By G
DON C. SCURL CK,• •Chai
Board of Coun'ty.• Commissioners
Attest:. �' ' �' V—Aaz�-zzlZm
FREDA WRIGHT, Cler�
V/�-�'✓ �`�% � �' :nom �� ^� r �. -
APPROVE AS TO FORM AND
LEGA ICIE CY-
COUNTY TO EY
4
SATISFACTION AND RELEASE OF CODE ENFORCEMENT BOARD LIEN
KNOW ALL MEN BY THESE PRESENTS:
That, INDIAN RIVER COUNTY, a political subdivision of
the State of Florida, first party, for and in consideration of the
sum of TEN DOLLARS ($10.00) or other valuable considerations,
received from or on behalf of MR. K. B. SMITH, Second Party, the
receipt whereof is hereby acknowledged;
(Whenever used herein the terms "First Party" and
"Second Party" shall include both the singular and the plural, and
all heirs, legal representatives, and assigns of individuals,
and the successors and assigns of corporations, wherever the
context so admits or requires).
HEREBY remises, releases, acquits, satisfies and forever
discharges said Second Party, from that certain claim of lien
described as "Revised Order Imposing Penalties and Lien" dated
January 3, 1984, and recorded in Official Record Book 0679 at Page
0161 of the Public Records of Indian River County, Florida,
heretofore encumbering real property situate in Indian River
County, Florida, as more fully described in said.order imposing
penalties and lien.
IN WITNESS WHEREOF, the Chairman of the Board of County
Commissioners and the Clerk to the Board have hereunto set their
hands and seals this 29th day of June , 19 84.
INDIAN RIVER COUNTY, FLORIDA
By G, laez, �c
DON C. SCU LOCK, Cha an
Board of County Commissioners
Attest: p`z
FREDA WRIGHT, Cle'k
APPROV SAS TO FORM AND
LEGA �'FI IENCY•
COUNT ATTO NEY
61
JUL 3 1984
Boa 5 7 f AcE 533
I
JUL 3 1984 BOOK 57 F ,CF_534
B. Amendment to FBIP Agreement - Round Island Boat Ramp
The Board reviewed the following memo from the Public
Works Director:
- TO: The Honorable Members of DATE: June 26, 1984 FILE:
the Board of County Commissioners
THROUGH: Michael Wright
County Administrator SUBJECT: Amendment to FBIP Agreement -
Round Island Boat Ramp
FROM: James W. Davis, P.E. REFERENCES: -
Public Works Directo
11
An amendment is required to change the project dates for the
Round Island Boat Ramp Agreement. Staff recommends approval
and authorization for the Chairman to sign the amendment.
ON MOTION by Commissioner Bird, SECONDED
by Commissioner Wodtke, the Board unanimously
(4-0) approved the amendment to the Florida
Boating Improvement Program Agreement re Round
Island Boat Ramp, Project #B84006.
A
STATE OF FLORIDA
DEPARTMENT OF NATURAL RESOURCES
Florida Boating Improvement Program
Amendment to Agreement
DNR CONTRACT # C1821
This Amendment serves to amend portions of the
Florida Boating Improvement Program Agreement dated 316184
by and between the Department of Natural Resources, hereinafter
referred to as DEPARTMENT, and Indian River County
hereinafter referred to as County, for the boating improvement
project known as Round Island Boat Ramp ,FBIP Project
Number B84006
-IT IS WITNESSETH that in and for the mutual covenants
between the DEPARTMENT.and the COUNTY, it is agreed that the
following amendments shall apply to the above referenced
agreement:
Project dates shall extend from July 1, 1984 to
December 31, 1985.
Within 60 days after receipt of payment request, the
Contract Manager shall conduct, or delegate to DNR
staff, any required site inspections to examine work
accomplished, review submitted project documentation
and, if complete nadin order, appreve the request
for payment.
IN WITNESS WHEREOF, the parties hereto have caused
these presents to be executed by the officers or agents
thereunto lawfully authorized.
Attest: / D
DATE: —
Attest:
DATE: ff
DNR C tr t Manager
DATE:
DNR Attorney
JUL 3 1984
STATE OF FLORIDA
DEP R M NT OF NAT �L RESOURCES
By:
Elton . Gissendanner
Execu ive Director
DAT
INDIAN RIVER COUNTY
By:')�.22 e _- 4 4e 41Z a
Don C. Scurlock, Jr., C man
Board of County Commissi ners
DATE: July 3, 1984
Appreved forlp
and leg icilm Cy
Gar . (Imndentur
rrity At;ornev '�
7
�.��K 51135
JUL 3 1984
BOOK 57 Fnur" 538
C. Approval FBIP Agreement - Blue Cypress Lake Dock
The Board reviewed staff memo as follows:
TO: The Honorable Members of DATE: June 26, 1984 FILE:
the Board of County Commissioners
THROUGH: Michael Wright
County Administrator
SUBJECT: Florida Boating Improvement Prograo
Project Agreement for.Blue Cypress
Lake Floating Dock
FROM: James W. Davis, P.E. REFERENCES:
Public Works Directo
To acquire FBIP Funds for the subject project, the attached
agreements must be approved and executed by the Chairman of the
Board of County Commissioners.
Staff recommends approval and authorization for the Chairman
to execute. A project budget shall be established for the
project.
ON MOTION by Commissioner Bird, SECONDED
by Commissioner Wodtke, the Board unanimously
(4-0) approved the Florida Boating Improvement
Program Project Agreement for Blue Cypress
Lake Floating Dock and authorized the signa-
ture of the Chairman.
[V
V.
AGREEMENT NO: va1o5
STATE. OF PLORIDA
DEPARTMENT OF NATURAL RESOURCES
FLORIDA BOATING IMPROVEMENT PROGRAM
DEVELOPMENT PROJECT AGREEMENT
The State of Florida Department of Natural Resources,
hereinafter referred to as the DEPARTMENT, and Iizdian River Count ,
hereinafter referred to as the COUNTY, in pursuance of an approved
recreational boating project, hereby agree to the following
terms and conditions:
1. This agreement shall be performed in accordance with
Chapter 327.28, Florida Statutes, and Chapter 16D-5, Part III,
Florida Administrative Code.
2. The COUNTY agrees to implement the recreational boating
improvement project known as Blue Cypress Lk. Float. Dock
(FBIP Project No. 884029 ), and as described in the project
application approved by the DEPARTMENT and attached to this agreement
as EXHIBIT A.
3. The COUNTY agrees to begin the project on or before
.7 11 % ju 3,11, 7 9 R 4 , and complete the project on or before
July 37, 1.985 If the project. is not begun by the
specified date, the COUNTY agrees to return to the DEPARTMENT
any unexpended funds which may have been advanced to the COUNTY
including any interest accrued on the funds while in the possession
of the COUNTY. If the project is not completed by the specified
date, the DEPARTMENT may withhold further payments, and deny any
further requests for project approvals until the project has been
completed.
4. The COUNTY shall provide the DEPARTMENT quarterly progress
reports on the project, specifying the percentage of completion of
each project element.
5. The DEPARTMENT agrees to obligate and make available to
the COUNTY the approved project amount of `f" o be
used for the project authorized by this agreement. The funds will
be released by the DEPARTMENT in installments and upon request by
the COUNTY.
Page 1 of 4
J U L 3 1984 __
Bm 57 P,,cF 537
JUL 3 1994 aoo+� . 0J, 538
6. Payment request and expenditure documentation shall be
submitted in accordance with the FBIP Grants Accountability Policy
attached to and made a part of this agreement as EXHIBIT B.
The DEPARTMENT may withhold requested installments if previously
released funds have not been properly expended.
7. The DEPARTMENT and COUNTY understand and agree that there
shall be no reimbursement of funds by the DEPARTMENT for any
expenditure made prior to the execution of the agreement with the*
exception of $ o for the following: N/A
8. The COUNTY agrees that the project when completed will
be operated and maintained in satisfactory condition for public
recreational boating purposes for twenty five (25) years from the
date of project completion. The COUNTY further agrees to return
to the DEPARTMENT all funds tendered for the project in the event
the project becomes utilized for other than boating related
purposes during this period.
9. Following receipt of an audit report identifying any
reimbursement due the DEPARTMENT, the COUNTY will be allowed a
maximum of sixty (60) days to submit additional documentation to
offset the amount identified, or to return the amount due.
10. If it becomes necessary for the DEPARTMENT to demand a
refund of any or all funds tendered pursuant to Paragraph 5 of
this agreement, the COUNTY agrees to return said funds to the
DEPARTMENT within sixty (60) days. If not returned within sixty
days, the COUNTY understands and agrees that any further COUNTY
requests for funding from the DEPARTMENT shall be denied until
the funds have been returned.
11. The DEPARTMENT reserves the right to inspect the project
as well as the right to audit any and all financial records
pertaining to this project at any reasonable time. This contract
can be unilaterally cancelled by the DEPARTMENT should the COUNTY
refuse to allow public access to all documents, papers, letters
Page 2 of 4
10
or other material made or received in conjunction with the contract �.
pursuant to the provisions of Chapter 119, Florida Statutes.
12. For any year in which this contract extends beyond the
end of the DEPARTMENT fiscal year (June 30), performance by the
DEPARTMENT under this contract shall be subject to and contingent
upon the availability of monies lawfully appropriated to the
DEPARTMENT for the purpose of this contract and program.
13. The COUNTY agrees to hold the DEPARTMENT harmless from
any liability or claim that may result from the implementation of
the project or from alleged negligence in maintenance or operation,
to the extent allowed by law.
14. If at any time a user fee system is implemented for any
of the facilities funded -under the Florida Boating Improvement
Program, such fees shall be imposed unformly, regardless of the
political jurisdiction in which the user may reside.
15. For the purpose of this contract, Chrys Sullivan, Grants
'Specialist, or successor is designated as the Department Contract
Manager and shall be responsible for insuring contract performance,
approving all payments prior to payment, and serving as liaison
with the COUNTY.
16. The following special terms and conditions are included
in this agreement: Within 60 days after receipt of payment request,
the Contract Manager shall conduct, or delegate to DNR staff, any
required site inspections to examine work accomplished, review
submitted project documentation and, if complete and in order,
approve the request for payment.
17. This agreement shall become effective on the date of
signature by the Executive Director of the DEPARTMENT or his
assignee.
Page 3 of 4
11
JUL 3 1984 Boa 157 fPA-UE59639
JUL
3 1984 Boa 5 7 F',,; 540
IN WITNESS THERETO, the parties hereto have caused these presents
to be executed by the officer or agents thereunto lawfully authorized.
Attest:
Attest:
Effective Date:
DNrlCoAtract Manager
DN Contract Administrbrflor
DNR Attorney
EXECUTIVE BOARD OF THE
DEPARTMENT OF NATURAL RESOURCES
By:
Elton/j. Gissendanner
Exec tive Director
Its Agent for this Purpose
BOARD OF COUNTY COMMISSIONERS
By:
Its Agent for this Purpose
and
to tort%;, / 66 _
. br$ndenburg
Attorney
D. Approval - Section 8 Existing Housing Documents
The Board reviewed the following memos from the Execu-
tive Director of the Housing Authority:
12
TO: Board of County
Commissioners
THRU: Michael Wright
County Administrator
DATE: 6/27/84
FILE:
SUBJECT: Application for Additional
Section 8 Existing Housing
Certificates
FROM:Edward J. R� REFERENCES:
Executive Director
IRC Housing Authority
Joann Garrison from the Jacksonville Office of HUD called on
June 25, 1984 to report that the State of Florida has allocated
funds for additional Section 8 Existing Housing Certificates.
Indian River County has been invited to apply for a portion of
the allocation. The maximum Annual Contract Contribution allo-
cation for this area is $106,800 and the maximum number of certi-
ficates is 25. The mixture of bedroom size will determine the
exact amount requested, �---
I respectfully request that the Board of County Commissioners
approve the submission of an application to the Housing and
Urban Development Department for additional funding.
Joann Garrison is forwarding an application to our office for
completion. The application must be submitted by July 13, 1984.
TO: Board of County DATE: 6/26/84 FILE:
Commissioners
THRU: Michael Wright
County Administrator
SUBJECT: Section 8 Existing Housing
Rental Assistance Program
Annual Contributions FY 85
FROM: 40Ydward R�n ''k' REFERENCES:
Executive Director
IRC Housing Authority
Under our Annual Contributions Contract A-3409, with
the U.S. Department of Housing & Urban Development, we are
required to submit HUD Form 52672 (Estimate of Required
Annual Contributions) and 52.573 (Estimate of Total Required
Annual Contributions), requisitioning funds to cover our
Section 8 Housing Assistance Program for FY 1985.
Our Section 8 Program has had 1,465 applicants and has
given Rental Assistance to 373 families, elderly and handi-
capped individuals, with 169 currently under lease agreements.
I respectfully
concurrence in the
Chairman.
JUL 3 1984 __
request the Board of County Commissioners'
execution of Forms 52672 and 52673 by the
13
BOOK 157 wul-L5s41
JUL 31984 57
�JOK �.,{y 9 5 49
ON MOTION by Commissioner Bird, SECONDED
by Commissioner Wodtke, the Board unanimously
(4-0) approved submission of an Application
for Additional Section 8 Existing Housing
Certificates and authorized the Chairman's
signature to same as well as to HUD Forms
52672 and 52673 requisitioning funds for our
Section 8 Housing Assistance Program for
FY 1985.
14
U.S. DEPARTMENT CF HOUSING AND URBAN DEVELOPMENT
PROJECT NUMBER {3-11)
SECTION B–HOUSING ASSISTANCE PAYMENTS PROGRAM
[F=9 — E 1 2- F To -I 1 & 002
ESTIMATE OF TOTAL REQUIRED ANNUAL CONTRIBUTIONS
TYPE OF LEASING METHOD (Check one) t12)
1. New Construction
2. Rehabilitation
NAME AND ADDRESS OF PUBLIC HOUSING AGENCY:
Indian River County Board of County Commissioners
3. K] Existing
1840 25th St., Suite S-319
FY ENDING 1985 (13)
Vero Beach, Fla. 32960
(14) I. (`] March 31
2. June 30
3. September 30
4. December 31
HUD FIELD OFFICE:
U.S. Dept. of HUD
NUMBER OF DWELLING UNITS (1S-18)
325 W. Adams St.,
Jacksonville, Fla. 32202
190
NUMBER OF UNIT MONTHS (19-24)
2224
SUBMISSION (25)
® Original Cj Revision
HUD REGIONAL OFFICE:
U.S. Dept. of HUD
Richard B. Russell Fed. Bldg.
Revision Number
AC CONTRACT NUMBER
75 Spring St., S .W.
A-3409
(26)
APPROVED
ESTIMATE OF
REQUESTED AMOUNT
LINE
REQUIRED
ANNUAL
ANNUAL
PER PHA
HUD
NUMBER
ITEM DESCRIPTION
MODIFICATIONS
(Column 1)
(Column 2)
(Column 3)
(27-28)
(29-38)
(39-48)
149-58)
MAXIMUM ANNUAL CONTRIBUTION
•� '•` :•
440,172
J1•
Maximum Annual Contribution Authorized
WOR& a Maximum Annual Contributions Applicable to a Period of Less than 12
( 02.
@
Months
•'
.•:;
0
03.
Maximum Annual Contributions for Fiscal Year (Line 01 plus 02)
440,172
'
Project Account–Balance at End of Current Fiscal Year–Estimated or Actual
oa.
536_, 733
(Balance Previous Fiscal Year )
;:;�;;:;;•,'•,'��•;;;;:;.
ti•:;;:•�'�•'•'•� ':':'•:'
646 423
05. Total Annual Contributions Available–Estimated or Actual (Line 03 Line 04)
plus
--1,086,595
A:•..::'.:......
ESTIMATE OF REQUIRED ANNUAL CONTRIBUTIONS
(Housing Assistance and Administration)
478,402
478r4Q2
1 06. Housing Assistance Payments–Form HUD -52672, Part I, Line 10
07. AdoWnistrative Fee–Form HUD -52672, Part Line 03
67,298
08. Independent Public Accountant Audit Costs
2,500
2,500.
( INITIAL ESTIMATE OF REQUIRED ANNUAL CONTRIBUTIONS
r
(Preliminary Costs)
0
09. Preliminary Administrative Expense–Prior to ACC–Form HUD -52671, Port IA, Line 060
10. Preliminary Administrative Expense–After ACC–Form HUD -52671, Part IB,
Line 280 .
11. Nonexpendable Equipment–Form HUD -52671, Port II, Line 350
0
12. Total Annual Contributions Required–Requested Year
13. Deficit at End of Current Yecr–Estimated or Actual
14. Total Annual Contributions Required
548.200
15. Excess Project Account Balance at End of Requested Fiscal Year (Line 05,
Column 14 Column 2)
•:ti•:;::; ti;:::::;
•: :,:I
538,395
2 minus Line
!:; .,
I 16. Prc.�ision for Project Account–Requested Fiscal Year–I n cre as e (Decrease) (Line 15
minus Line 04)
•'�!:'�•'
(108,028)
ANNUAL CONTRIBUTIONS
548,200
17.
Total Annual Contributions Approved—Requested Fiscal Year (Line 14. Column 2
vluslncrease ifany. otLine 161
Source of Total Annual Contributions Approved–Requested Fiscal Year:
(a) Requested Fiscal Year Maximum Annual Contributions Authorized (Line 03 or
I
4 0 17 2
-
18.4
Line 17. Whichever is 'csser)
r
(b) Project Account (Line 17 minus Line 18(a))
�X
y`
NAME AND TITLE OF PHA APPROVING OFFICIAL
SIGNATURE
DATE
Don C. Scurlock, Jr.
Chairman
/ G
Board of County Commissioners
July 3, 1994
Indian River County,
NAME AND TITLE OF HUD FIELD OFFICE
SIGNATURE
DATE
APPROVING OFFICIAL
J U L 3 1984 iU0�
BSC!(-- �'� F'� �E ��c� -52673 (12-7
JUL 3 1994
Booz 57�&'-F54
- I=`UD-52672 (12.77)
PROJECT NUMBER 13-11)
S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
F L'12 & 002
SECTION B HOUSING ASSISTANCE PAYMENTS PROGRAM
TYPE OF LEASING METHOD 110
(Check one)
ESTIMATE OF
REQUIRED ANNUAL CONTRIBUTIONS
Reehh Construction , �`
Rabilitation z;
Existing 3,X
NAME AND ADDRESS OF PUBLIC HOUSING AGENCY
FY ENDING (13) i
Indian River County Board of County Commissio
1w 85
(1h) (Check nnr)
1840 25th St., Suite S-319
Mar 31 , -� Sep 30 LXX
Vero Beach, Fla. 32960
Jun 30 21-1 Dec 31 -1I -ry
NUMBER OF DWELLING UNITS (15-18)
.._
19 Q
HUO FI[LD OFFICE
HUD REGIONAL OFFICE
U.D. Dept. of HUD
U.S. Dept. of HUD
.325 W. Adams St.,
ichard B., Russell
NUMHER OF UNIT MONTHS 19-24 a
Jacksonville, Fla.
ed. Bldg., 75 Spring St.
32202
.W., Atlanta, Ga.
2224
0303
AC CONTRACT NUMBER
SUBMISSION (25)
MROriginal [] Revision
A-340.9
Revision No.
PART I - ESTIMATE OF ANNUAL HOUSING ASSISTANCE PAYMENTS REQU' IRED (26) -
(27-28)
(29)
(30-33)
(34-38)
(39-43)
(44-48)
(49-54)
(55-64)
LINE
SIZE OF
DWELLING
NO. OF
DWELLINGGROSS
MONTHLY
AMOUNT
PAYABLE
MONTHLY
HOUSING
UNIT
MONTHS
ANNUAL
HOUSING
NO.
UNITS
i UNITS
RENT
BY FAMILY
ASSISTANCE
UNDER
ASSISTANCE
TOWARD
PAYMENTS
LEASE
PAYMENTS
(t)
f�1
(3}
GROS4RENT
(5)
(6)
(7)
01
0
22
221
$
02
1
63
270
68
03
2
70
331
94
237
04
! 3
30
3.13
75
�
3_46
82,348
i 05
!
4
5
369
77
06
--1-7,520
01
08
04
i
I
10
TOTAL 190 20924 47A,402
PART 2 - CALCULATION OF ADMINISTRATIVE FEE (z6)
(27-2ir) ! (29-34) (35-391
(40-44) (45-54)
LINE I
NO•
BASIS UNITMONTHS
HUD-APPROVFD 2 -BR
ALLOWABLE
ADMINISTRATIVE
FAIR MARKET RENT
PERCENT
FEE
-
ft)
(2)
(3)
(4)
Cl I PER- I '
CENT i 2,224 356 .085
ip'.•'�y. '�^V!'',^> •y '•:•/.w •:.=t. , � ��..; : yv,'t:}ayfic`�:v,'sAv:1#�:''•',k..'',::�u?S� f».a. rq�, -v--•'per--'•:.. �: •::
..[^:lY;:%:•:::tai::.. ,- ::.o-:%::>.?:::::$ ::`:.'•'•
• y:. ,T,:<G2::; ..-:.:.v:C'•7ai::.•C t•. •:w•s. •:;•>w .!;•\.. .
.•:.V -:•.,,: .• .rs- :. . >
67,298
.
C2 15.00 •::C`'i': ;iS:'vi`'t`' i:Lina}•:.`?:> r.
:G;. :.::wvi..::•:::•:':\:: .....r :...t: :•yn.::r: yjjy:�::.i;:.[; ... ✓:...:. .: :�a:1::�i::•J7:j:'r'S::i::;C.:�:;::Y:.ri%?:: ;.;.}.:i: ::.',
33 360
67,298
- I=`UD-52672 (12.77)
NAMING OF "HELEN HANSON PARK"
The Board reviewed the following letter from the Rose-
land Property Owners Association:
Roseland Property Owners,Associatio:i
P.O. Box 55 /
Sebastian, Florida 32958
May 30, 1984
Commissioner Richard Bird
Parks and Recreation Committee
1840 25th Street
Vero Beach, Florida 32960
Dear Commissioner Bird: RE: Helen Hanson Park
The Beard of Directors of the Roseland Property Owners
Association together with a large number of residents in
Roseland would like to designate the County Park on Josie
Street,across from the Fire Station,as "Helen Hanson Park".
We would like to be placed on the June 14th agenda of
the Parks and Recreation Committee_.so that we may present our
reasons for this designation as well as presenting petitions
from Roseland residents.
Your cooperation in this matter will be greatly appre-
ciated.
_gkr=rely,
.T. Wadsworth
,esident, R.P.O.A.
Commissioner Bird believed that there is great support
for this in the Roseland area in view of Mrs. Hanson's civic
work. He felt it would be most appropriate and suggested
that the naming of the park should be accompanied by a
public ceremony of some sort.
ON MOTION by Commissioner Bird, SECONDED
by Commissioner Lyons, the Board unanimously
(4-0) adopted Resolution 84-45 officially
designating the County park located on Josie
Street in Roseland as Helen Hanson Park.
Said Resolution will be made a part of the Minutes when
completed and received.
JUL 3 1984
17
Boa 57 FnUE545
JUL 31984 BOOK 7 FnU 546:
LEASE WITH ROSELAND WOMEN'S CLUB
MOTION WAS MADE by Commissioner Lyons,
SECONDED by Commissioner Wodtke, to approve
the lease with the Roseland Women's Club
for the Roseland Community Building and
authorize the Chairman's signature.
Attorney Brandenburg explained that there never was an
official written lease for the use of this building before;
we simply have had an understanding with the Roseland
.Women's Club over the years. This now has been written and
defined so that each entity knows their responsibilities.
Commissioner Bird reported that this action was
initiated by the Parks & Recreation Committee.
THE CHAIRMAN CALLED FOR THE QUESTION. It
was voted on and carried unanimously (4-0).
18
LEASE
This Lease entered into this 3rd day of July, 1984, by
and between Indian River County, a political subdivision of the
State of Florida, hereinafter referred to as "Lessor" and Roseland
Women's Club, Roseland Community Building, Sebastian Avenue,
Roseland, Florida, 32957, a non-profit organization, hereinafter
referred as "Lessee",
WITNESSETH:
1. Lessor does hereby lease unto Lessee the following
described premises to wit:
Roseland Community Building, Sebastian Avenue, Roseland,
Florida, 32957 for and in consideration of the sum of $1.00 (ONE
DOLLAR) per year and in consideration of the public benefit and
welfare which is enhanced by virtue of the Roseland Women's
Club's presence on the property, to have and to hold unto the
Lessee for a term of twenty (20) years commencing on July 1, 1984,
subject to the limitations and conditions as hereinafter set
forth. This Lease shall terminate automatically if the Lessee is
dissolved and shall terminate upon sixty (60) days prior written
notice by County to Lessee that the property is needed for an
overriding public purpose.
2. The Lessee shall establish reasonable rules and
regulations for the use of the building by other civic groups and
members of the general public. Such rules and regulations shall
always be subject to the approval of the Lessor.
3. The Lessee shall maintain the interior of the
building in a proper, fit and reasonable manner at all times. It
shall further be the responsibility of the Lessee to arrange for
and pay for all utilities serving the building, including but not
limited to, water lines, sewer lines, plumbing and wiring, in as
good condition as such are at the time of commencement of this
Lease.
4. The Lessee shall have the right to operate and allow
concessions which are not unlawful or for immoral purposes, except
that the Lessee shall not have the right to sell, serve or allow
19
JUL 3 1984 BOOK 5_7 .Y,,�.3.�
-_ ate. . t L 54
JUL 3 1994 BOOK ;E 54�
to be consumed, any beer, wine, liquor, or other intoxicating
beverages in the building.
5. The Lessee shall pay for all utilities including
lights, telephone, water and gas which they may decide from time
to time necessary, to service the building.
6. The Lessee shall have the right to sublet the
building for purposes consistent with this Lease, however, the
Lessee shall not discriminate between groups, classes or
individuals with respect to any fees, charges or availability of
the premises. Indian River County and North County Recreation
Inc. shall be allowed to use the facility at such times and insure
a manner so as not to conflict with Lessees' schedule without
charge. Lessee shall at all times maintain Contents Insurance on
all items brought into the building by Lessee. Lessor shall have
no responsibility whatsoever, for any items of personal property
brought into the building by Lessee or persons in the building, by
permission of Lessee.
7. Lessor shall maintain Public Liability Insurance on
the premises consistent with that which it maintains on all other
County properties.
8. It shall be the duty of the Lessee to operate said
building at all times for the convenience, benefit and welfare of
the public. Said operation shall always be ponducted in a clean,
wholesome and proper manner, provided further that the manner of
the operation of the building shall always be subject to the.
approval of Lessor and that if at any time said building is not
operated in a manner entirely satisfactory to the Lessor, or in
the event Lessee otherwise defaults under this Lease, then Lessor
shall have the right of notifying the Lessee in writing that the
building is not being used properly, or of the default, and
immediately terminating this Lease.
9. Lessee shall, on or beforei S! of each
�- —
calendar year during the term of this agreement, submit to Indian
River County an itemized report of its operation's budget.
10. No structure of any kind whatsoever shall be built,
and the existing structure shall not be enlarged without the
20
_ M M
express prior approval of the County.
11. Lessee hereby agrees to indemnify and hold Indian
River County harmless, and shall defend Indian River County from
any and all claims, actions, proceedings at law, damages or
liabilities of any kind to personal property brought into the
building by Lessee or any other person while the building is in
the control of Lessee, pursuant to this Lease.
IN WITNESS WHEREOF, Indian River County and the Roseland
Women's Club have caused this Lease to be signed in their
respective names.
Witness
Witness
BOARD OF COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
By / G
DON C. SCURL CR, JR.
Chairman
FREDA WRIGHT,
Clerk
By
ROSELAND WOMEN'S CLUB,
President
Attest:
Secretary
OVERALL ECONOMIC DEVELOPMENT PLAN (OEDP) APPOINTMENTS
Administrator Wright reviewed the following staff memo
and stated that they are looking for some direction from the
Board and some appointments as there are some areas where we
have no representatives.
21
JUL 3 1984 BooK 57 FACE549
.1
r Y
JUL 3 194 BOOK 57
TO: The Honorable Members DATE: June 26, 1984 FILE:
of the Board of County
Commissioners
APPOINTMENTS TO OVERALL
SUBJECT: ECONOMIC DEVELOPMENT PLAN
(OEDP) COMMITTEE
FROM:Robert M. Keating, AICPR REFERENCES:
Planning & Development Director
OEDP Com.
DIS:RMK
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
special meeting of July 3, 1984.
DESCRIPTION AND CONDITIONS:
Several months ago, the Board of County Commissioners decided
to pursue designation of Indian River County as a redevelopment
area under Section 401(a)(8) of the Public Works and Economic
Development Act of 1965. Since obtaining redevelopment area
designation requires the formation of an OEDP committee and
preparation of an Overall Economic Development Plan, the
Commission subsequently approved formation of such a committee
and directed staff to identify persons wi-thl in the community
interested in serving on the committee.
ALTERNATIVES AND ANALYSIS:
In response to the Commission's directive, the staff publicized
the OEDP project through the local media and requested persons
interested in serving on the OEDP Committee submit a letter of
interest. The staff then compiled a list of interested persons
and qrouped them according to the categories of representation
established by the EDA for OEDP membership. According to EDA
guidelines, the committee must -be representative of the commu-
nity and include representatives from a number of groups. The
following is a list of the groups which should have representa-
tion on the OEDP committee as well ---as an indication of what
group is represented by each of the individuals who have
expressed an interest in the OEDP committee.
Agricultural Unemployed
Woody Holzworth (farmer) Patricia Bowen (Economic Development
Coordinator) T.C. Job Training Center
_ aQJ,n_B�I,gley (Job Service _Supervisor -
State of Florida - Dept, of Laborj
Business The Professions
Duncan 0. Bowman (Contractor Martin Wall (Attorney)
J. Dale Sorenson (Real Estate) Terry Kellagher (Architect)
George Blythe (Real Estate)
Sheila Simmns (t MV 105)
Finance Education
Gary Rhinehart (Harbor Federal) L. Roland Aberle, Phd. (Professor)
22
Public Health Agencies
No Representative
Utilities
No Representative
Industry
No Representative
Organized Labor
No Representative
Racial or Ethnic Minorities
No Representative
Local Government
No Representative
As noted above, several categories were not represented by the
group of persons indicating an interest in serving on the OEDP
committee. These include: public health agencies, organized
labor, utilities, minorities, industry, and local government.
In order to have a committee representative of the community's
views as well as to meet EDA requirements, it will be necessary
to appoint committee members representing those groups.
RECOMMENDATION:
The staff recommends that the Board appoint members to the OEDP
committee representing all groups noted above.
Commissioner Bird asked where the recommended names
came from, and the Administrator reported that they were
solicited by advertisements, etc. We have to do them by
categories and need one for each category.
Commissioner Bird raised the question of whether we are
required to have a certain number of nominees to choose from
for each category, and it was decided to defer this item
temporarily until Planning Director Keating can be present.
SOUTH COUNTY AND NORTH COUNTY FIRE DISTRICTS
The Board of County Commissioners thereupon recessed at
10:10 o'clock A.M. in order that the District Board of Fire
Commissioners of the South Indian River County Fire District
might convene. Those Minutes are being prepared separately.
The Board of County Commissioners reconvened at 10:12
o'clock A.M. and immediately recessed in order that the
District Board of Fire Commissioners of the North Indian
River County Fire District might convene.
being prepared separately.
23
Those Minutes are
JUL 3 1984 am 57 PnE 551
JUL 3 1984 BOOK 57 rn 552
The Board of County Commissioners thereupon reconvened
at 10:15 o'clock A.M. with the same members present, Commis-
sioner Bowman being absent.
OVERALL ECONOMIC DEVELOPMENT PLAN APPOINTMENTS (Contd.)
Planning Director Robert Keating informed the Board
that there is no set criteria as to the number of people to
be appointed for each category; it is just required that you
have a representative committee, which he felt would mean
that we would have to have at least one for each category.
Commissioner Bird asked if it is required that there be
a certain number to pick from, and Director Keating stated
that it is not. He noted that when staff originally brought
the request to form the OEDP committee to the Board, it was
suggested that it be publicized in the media. A notice was
published, and the people listed in his memo of June 26th
are those who have contacted the County and indicated an
interest.
Discussion followed regarding the appointments, and
Commissioner Bird suggested that we wait until we have a
full slate to pick from.
Administrator Wright did not feel that we will get any
more applicants, and that is why staff is looking to the
Board for direction.
Considerable discussion followed in regard to
contracting various governmental and civic agencies for
nominees, i.e., the Indian River Farm Bureau, Extension
Agent Judith Wakefield, Florida Health Services, the County
Health Department, the Labor Council, the Gifford and
Wabasso Progressive Civic League, etc., and Chairman
Scurlock announced that action on these appointments would
be deferred until the next meeting after these groups can be
contacted.
24
RESIGNATION FROM HOUSING FINANCE AUTHORITY
The Board reviewed letter of resignation from Paul
Bubendey, as follows:
June 20, 1984
Mr. Don Scurlock, Chairman
Board of County Commissioners
Indian River County
Administration Building
1840 25th Street
Vero Beach, Florida 32960
RE: INDIAN RIVER HOUSING FINANCE AUTHORITY
Dear Sir:
In July, 1979, I was appointed to serve a two year
term on the Board of the IRHFA. This was a volunteer, non-paying
function which was accepted as a civic duty. The Board
completed one financing project and was inactive thereafter.
When my term' expired in 1981, I assumed 'that my obli-
gations had been satisfied. However', without consulting
me and without advising me of its action, the County reappointed
me for another term.
In order to terminate this relationship I am now compelled
to complete the enclosed disclosure statement before resigning.
Please accept my resignation, effective at once,
from the Board of the Indian River Housing Finance Authority.
Your reply will be appreciated.
Very truly yours,
PGL
Paull
F. Bubendey
105 Spyglass Lane
Vero Beach, Florida 32963
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Wodtke, the Board unanimously
(4-0) accepted the resignation of Paul Bubendey
from the Housing Finance Authority with regret
and authorized the Chairman to send Mr. Bubendey
a letter of appreciation.
OUT -OF -COUNTY TRAVEL - CONSTRUCTION MANAGEMENT SEMINAR RE
CORRECTIONAL FACILITIES
Chairman Scurlock commented that since he has been more
or less opposed to construction management for the Jail
Complex, he would like to attend this seminar to see what he
can learn.
25
JUL 3 194
aoox 57 F,�UrJ3
I
JUL
BOOK 57 [s`'r 5
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Bird, the Board unanimously
(4-0) authorized out -of -County travel for
appropriate representatives of the County to
attend the one -day workshop on Construction
Management and Financing for Correctional
Facilities to be held by Federal Construction
Company and William R. Hough & Company in
St. Petersburg, Fla., on July 20, 1984.
REPORT ON NEIGHBORHOOD PARK PARCELS
Attorney Brandenburg reported that the Parks &
Recreation Committee has been researching these parcels to
see if they can be used for any purpose, and at their last
meeting they went over six different parcels which they
would like to present to the Board now with their recommen-
dation. The majority of these parcels are just bottom lands
that were dug out for fill and are now lakes. Four of these
(Old Grove Lake, Blue Crystal Lake, Clear Lake and Sunset
Lake) are in Glendale Lakes Subdivision. However, in
researching the plats, it appears they never were dedicated
to the County. The Attorney continued that we want to make
sure they are off the County records so that someone pays
taxes on them and we also remove the County from any
liability associated with the lakes. The Committee,
therefore, is recommending that we deed them to a property
owners association. Glendale Lakes does not have such an
association at the present time; if they are unable to set
one up within the next few months, the Attorney suggested
that the County adopt and publish a Resolution indicating we
have no interest in those lakes, will not maintain them, and
disclaim any liability.
1
91
-1
MOTION WAS MADE by Commissioner Lyons, SECONDED
by Commissioner Bird, authorizing the County
Attorney to deed the above lakes to the property
owners association, if one is formed, and if not,
to prepare a Resolution disclaiming the County's
interest in said lakes.
Question arose as to who would own this property in the
event Glendale Lakes Subdivision did not form a property
owners association, and Commissioner Lyons inquired about
the possibility of subdividing these properties and adding
them to the surrounding owners' lots.
Attorney Brandenburg could not recommend splitting up
the lakes and giving them to the abutting owners since the
other people in the subdivision also feel they have a right
to the lakes, and we could get into a real hornet's nest.
Discussion continued as to who would own the lakes, and
Chairman Scurlock felt possibly the developer.
Attorney Brandenburg did not feel we would want to go
on record as giving these back to the original subdivider
either as he believed the people in the subdivision felt
those lakes were there for their use and the developer was
giving up all rights; therefore, the Attorney still
recommended that the County try to give these properties
back to a property owners association and disclaim any
interest.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously (4-0).
Attorney Brandenburg then informed the Board that there
are two other parks, both of which are small lots which were
dedicated to the County as parks. One is in Sunshine
Quality Homes Park Subdivision and one in Fresard Glendale
27
J U L 3 1984 Boas 5 7 FA. E555
JUL 3 1994 600K 57 F,0u, 55
Subdivision. On these, the Attorney suggested that the
County authorize his office to go through abandonment
procedures, obtain the best title we can for these
properties, and put them out to the highest and best bidder.
ON MOTION BY Commissioner Bird, SECONDED
by Commission Lyons, the Board unanimously
(4-0) authorized the Attorney to proceed
as described above.
DISCUSSION RE DENIAL OF PISTOL PERMIT - EDWARD AYERS
The Board reviewed the following letter received from
Edward L. Ayers:
IVER COUNTY COMMISSION-
'�
ca
c,1�. an
I DID NOT RE -APPLY for the gun permit that was.before
the county commission last wednesday.I knew that I had a six month
waiting period before I could re-apply.County administrator,
Michael Wright,placed the gun permit request on the agenda ,totally
without my knowledge and definitely without my consent.The county.
administrator is trying to start something to discredit me and
continue to assignate my character -just as he is credited with the
the "I.R.S. investigation" story against Gene Morris.This incident
has caused the reprinting of the "Biased and incomplete background •
investigation"done by the current Sheriff and his Department.
No where in this "so-called" background investigation
did it reflect that I spent three years in combat in Vietnam, and
I was highly decorated by both the Vietnam Govt.and the U.S.
Army Special Forces.No where does this report show my 63 days as
a Prisoner Of War in Vietnam -No where does the report show the
Silver Star,Three Puple Hearts ,and Five Lesser Decorations. _
No where does the report show that Genral Westmoreland personally
awarded me the Bronze Star for the saving of 23 of my fellow
service men ,and for totally destroying a P.O.W. camp .No where
noes -chis re 0'Vt 'i3h w"inti Was—if ea-t-edi for "Vietnam Stress•-- --- --� -
Syndrome"for over a year ---The report only shows the legal
probmlems I had while I was being treated ---That was seven years
ago.
W
Anyone who does not support Tim Dobeck,is THREATNED,
HARASSED,SLANDERED,and DISCREDITED with any means at his disposal
---And this is what has happened to me since I announced as a
Republican Candidate for Sheriff.
I know injustice when I see it ---I spent 63 intence days
learning injustice ---I was taught by the world's leading and most
experiencedinstructors at the time ---when I escaped that P.O.W.
camp , I never thought that I would ever see injustice again..,.
But ---injustice is rearing it's ugly head RIGHT HERE --- and.I sure
hope that I'm wrong --- I hope the things that I see are just
STUPIDITY and INCOMPETENCE in the administration of the SHERIFF';)
DEPARTMENT ---either way,we need a CHANGE...
I feel that I have been done a great injustice in the
re-submittion of my gun permit and the re -printing of partial truths
as told by my political opponet.I feel that an INVESTIGATION is in
order to expose IMPROPRIETIES of some cif the County Officials
and their motives.
THAN: YOU
Mr. Ayers appeared before the Board and confirmed that
he did fill out another application which was filed in the
Commission's office, but emphasized that he was told it
would not come up for another six months. A couple of weeks
ago, however, which is only two months later, he heard it
had been put back on the agenda even though he had not asked
for it to be put back on that agenda. When it did come
before the Board at that time and Commissioner Wodtke moved
for approval, no one seconded his Motion, and Mr. Ayers
wished to have an answer as to why they did not. He noted
that he has had a gun permit in this county before and sees
no reason why he should be denied at this time.
Administrator Wright explained that when Mr. Ayers
reapplied on the same day of the original denial, he held
the application and did not run it back through the regular
procedure because he saw no need. The ordinance states that
within 30 days following receipt of a completed application,
29
JUL 3 1984 Bm. 57 ca,E 557
JUL 31984 Boos 7 g,, 558
the County Administrator shall review same for compliance
with the ordinance and make a recommendation for action at
the earliest available regularly scheduled meeting. The
Administrator further noted that the official record stated
that Mr. Ayers could reapply "within" six months, and he
did.
Mr. Ayers reiterated that he did not come back in and
ask for it to be put back on the agenda, and Administrator
Wright explained that Mr. Ayers did not actually have to
come to his office. When the reapplication was received, it
was automatically reprocessed.
Commissioner Wodtke commented that when Mr. Ayers
application came back on the agenda from the Administrator's
Office, it was with a recommendation for approval, and he
made a Motion for approval based on that recommendation.
Commissioner Wodtke did not believe Mr. Wright had any
intention to go through anything other than the normal
process.
Administrator Wright wished to clarify that he did not
recommend approval; he merely stated that Mr. Ayers appeared
to have met the requirements of the ordinance.
Commissioner Lyons believed that he was the cause for
some of the confusion that has arisen. The Motion he made
at the original meeting where this came up was intended to
indicate that Mr. Ayers would have to wait for six months
before he could reapply; however, the Minutes showed that
the Motion stated that he could reapply "within" six months.
Commissioner Lyons assured Mr. Ayers that there is not and
there never was any intention to create any embarrassment
for anyone nor was there any political motivation. Commis-
sioner Lyons felt the only issue was that there are several
questions on the application, which everyone is supposed to
answer, that were not answered, and since Mr. Ayers knew the
Kill
answers and did not answer them, he felt there should be
some penalty and it was supposed to be six months.
Mr. Ayers believed that there has been a penalty,
especially with this matter being brought up a second time
and the Motion for approval dying for lack of a second. He
stated that the coverage given it by the media has caused
him public embarrassment and cost him in his campaign for
sheriff.
Commissioner Lyons noted that, although it may be hard
to believe, at the time of the original refusal of a permit,
he was not aware of the fact that Mr. Ayers was a candidate
for Sheriff.
Commissioner Bird explained that his reason for not
seconding Commissioner Wodtke's Motion for approval did not
have anything to do with whether this should have come to
the Board before or after a six month period. He felt the
responsibility the Board members have in issuing gun permits
is a very serious one, and in this particular case, the fact
that Mr. Ayers' past record showed some misdemeanors and a
problem with alcohol, which apparently is now behind him,
and also the fact that some of the problems with the law
were as recent as 1983, gave him some very serious
apprehensions and caused him to feel there should be a
little more additional time required for Mr. Ayers to
demonstrate his abilities to adhere to the law.
Mr. Ayers felt he could relieve the Commissioner's
hesitation. He stated that the last arrest on his record is
1976 - eight years ago, which he believed is quite a time
that he has tried to be an upstanding citizen. The two
violations since 1976 are both very minor items, one being a
minor moving violation for improper backing, and the second
because the tag ran out on his car. He was not arrested for
either of these occurrences. Mr. Ayers emphasized that he
is proud that he has overcome his drinking problem; that
31
JUL 31984 eooK 57 559
JUL
31984
BaoK
57 pn,Ew
according to what
the Administrator said, he did
meet the
commitment on the application when he filled it out the
second time; that the second amendment to the Constitution
gives everyone the right to bear arms; and that he does feel
plenty of time has gone by to demonstrate his ability to be
an upstanding citizen and he is asking for a permit.
Commissioner Bird noted that the only information he
received read that Mr. Ayers was convicted and did not state
the nature of the offenses. He did realize those mentioned
are minor offenses.
Chairman Scurlock stated that he was under the same
impression as Commissioner Bird and felt the 1983 offenses
were convictions of the same type as the earlier offenses.
Commissioner Bird believed, based on this new
information, that Mr. Ayers had demonstrated a proper time
period of rehabilitation.
MOTION WAS MADE by Commissioner Bird, SECONDED
by Commissioner Wodtke to approve the issuance
of a permit to carry a concealed weapon to
Edward L. Ayers.
Commissioner Lyons stated that he planned to vote
against the Motion on the basis that not enough time has
elapsed since the questions on the application were not
answered properly.
Chairman Scurlock requested that Mr. Ayers explain why
he had omitted the information re his convictions on his
original application.
Mr. Ayers confirmed that there was a reason, and it was
not his intention to lie. He explained that he went through
a similar situation with the State of Florida over his
security license and got it straightened out and was issued
his state license. When it was brought out that Mr. Wright
32
would make the recommendation to the Board, he gave Mr.
Wright all these documents and an explanation as to why he
did not put it on the application because he felt that same
information would come back from Tallahassee when the
information was checked.
Chairman Scurlock commented that the state apparently
did not give him any penalty situation.
THE CHAIRMAN CALLED FOR THE QUESTION. It was
voted on and carried (3-1), Commissioner Lyons
yoting in opposition and Commissioner Bowman
being absent.
DISCUSSION REGARDING JAIL OPERATIONS
Chairman Scurlock informed the Board that at the
seminar he attended recently in connection with the
construction of the jail, he learned that there is a new
emphasis on professionalism in the operation of jails. This
seminar led him to believe that the new approach of having
this facility operated and handled under the County
Commission might be worth considering, and he has asked the
Administrator to pursue this.
Commissioner Lyons reported that he also was at this
seminar and received the same impressions.
Sheriff Tim Dobeck concurred that some good points were
brought up at the seminar. He noted that the entire
Commission has been very supportive of the corrections
portion and law enforcement portion of his budget, and a lot
of budget increases have come in because of state mandated
requirements, re air conditioning, recreation, etc., The
Sheriff, therefore, felt that the Commission, in a sense,
has been running the Jail with his people supervising the
jail population. He believed that what is being suggested
33
JUL 3 1984 nox 57 P UE561
JUL 3 19 4 EnOK 57 U i 562
would result in a more professional jail administration with
a better career factor both for corrections and for law
enforcement since it would provide a man with incentive to
be a correctional officer rather than using his training as
a correctional officer merely as a stepping stone to get
into the law enforcement end. Re the actual cost for the
county to take over and operate the jail, the Sheriff
informed the Board that the correctional portion of his
present 1983-84 budget is $759,578, and if the Sheriff's
Department were to keep corrections, the new budget would be
$824,808, an increase of about $65,000, or 8.590.
Chairman Scurlock believed a lot of this increase is
precipitated by getting to a fair salary to attract and keep
the jailers, and Sheriff Dobeck confirmed that Indian River
County actually has been a training ground for the Vero
Beach Police Department, the Martin County Sheriff's Office,
and the St. Lucie County Sheriff's office, etc. The
correction's department salaries are the lowest in the four
county area, and he would like to bring these salaries,
after some years of experience, up within about a $2,000
range of the road deputy.
Commissioner Lyons believed it is important to remember
that the taxpayer is paying for the jail operation whether
it is handled by the Sheriff's Department or the County
Commission, and we are not talking about an increase in
expense if it goes to the County Commission.
Sheriff Dobeck believed there would be a very minimal
changeover fee and felt the County ultimately would benefit
because it takes away dual liability.
Administrator Wright believed there is another benefit
from a purely administrative standpoint. Right now we share
a lot of responsibilities wherein the Sheriff handles the
day to day activities, but we have to build the jail and
provide for the facility. That is a terrific coordination
34
M
problem, and there are more coordination problems when we
get into the weekend work release program where we have to
provide the job site and some of the supervision, when we
get into medical expenses, the garden program to supplement
some of the food problems at the jail, etc. We cannot give
our authority to the Sheriff because we are the funding
source, but he can give his to the County Commission, and
the Administrator believed it will make his job easier by
making it a less complicated operation.
Chairman Scurlock emphasized that we are not talking
about completely severing the relationship, and Sheriff
Dobeck agreed, noting that corrections is an integral part
of law enforcement and is not something that can ever be
given away totally.
Discussion ensued re the eventuality of a major
disturbance arising at the jail when it is operated under
the County Commission, and the Sheriff confirmed that he
would most certainly send his deputies to assist in any such
event. The Chairman noted that at the seminar it was
brought out that they have developed professional people
specifically to handle such disturbances, which are special
situations.
Commissioner Lyons reported that he has visited two out
of three counties where the Commission runs the jails, and
he really couldn't tell the difference; they seemed to be
very well run jails.
Sheriff Dobeck pointed out that another benefit to the
public will be that the Sheriff's Department will be able to
concentrate on law enforcement instead of having to concen-
trate on the jail situation. With the population of the
county getting to about 70,000, he believed there is a need
to add to our law enforcement end.
Considerable discussion followed regarding the time
spent training personnel as jailers and then having them
35
JUL 3 1984 ca 7 6 UL 563
JUL
11984
Boor
5
;�, E5 4
move out into law enforcement.
Commissioner Bird
felt
if
the County takes over this operation and gives these people
some incentive to work up within the jail operation, it may
help solve this problem, but he was concerned that we may
have to increase the pay grade considerably to get good
quality personnel and keep them.
Sheriff Dobeck felt that if the Commission does decide
to take over the jail and will follow the guideline for
salaries which his department has prepared during the last
three years, that there will be quite a number of people
applying. He further believed those salaries would serve to
professionalize the jail personnel. There always were some
who were willing to work in the jail for $11,000 or $12,000
with the thought that within two years they would be able to
get out on the road, but these people could go to school on
their own and then move on with the result that the
investment in their corrections training was lost.
Administrator Wright agreed that the biggest problem is
the constant turnover and staffing with inexperienced
people.
Chairman Scurlock noted that the seminar stressed the
need for training since the state is going to mandate
improved professional standards for jailers, and the
salaries obviously will have to go up. The Chairman stated
that he actually looked at this in the light of risk
management since one untrained person could open us up to
liability that could quickly add up to much more than the
increase in salary. He believed we never will be able to go
back to $10,000 a year jailers because of the possibility of
millions of dollars in civil rights actions.
Commissioner Bird felt that the Sheriff has indicated
that the salary levels that we would be adopting if we take
this on are not too far out of line, and Administrator
Wright agreed that they would be in the ballpark.
MUM
� _ J
M
Commissioner Lyons also believed that it is very
important to avoid, as much as possible, the growing number
of civil rights suits which now arise at jails.
Commissioner Bird felt that Attorney Brandenburg did
indicate that if we did take on the jail administration, it
would have a significant impact on his office.
Attorney Brandenburg noted that the Board recently
authorized him to hire another attorney, and the individual
he will hire would be given the responsibility of becoming
an expert in this area. He continued that another issue
involved in taking over the jail is that we would be merging
certain aspects of liability, and in some aspects taking on
additional liabilities. As far as the physical plant is
concerned, the Board currently has that liability, but the
Sheriff has the liability for the day to day operational
aspects. When the Board takes over the facility they will
have that liability also, and possibly individually.
Chairman Scurlock asked if the Board is not now
included in suits regardless because we are responsible for
providing the funds, and Attorney Brandenburg stated there
are areas where the Sheriff would be sued now and the
Commission would not be involved. When we take over the
jail, we would be involved in all areas.
Commissioner Wodtke discussed the operation of the jail
facility and the fact that it will be understood whoever is
in charge there works for Administrator Wright. He could
not see that the facility is not going to continue to be
used as a stepping stone for some of these people as they
will be hired by other cities, etc.. but agreed it would
take away the guarantee that in two years or so, they can go
on the road. Commissioner Wodtke noted that he has said for
years that this type of operation could be and has been run
in other states by county commissions. However, it has been
said counties are not in the corrections business, and he
37
JUL 3 1984 BOOK '7 ;;',E565
J U L 31994
_I
Boor. '57 Pr„ � 566
had a problem with saying the County is running a
correctional facility when people compare it to the facility
run by the state with classrooms, etc. Possibly there is a
different name for it.
Administrator Wright agreed with Commissioner Wodtke,
and emphasized that he has suggested that it be called
anything but a correctional facility. He noted that this
would be put under General Services.
Commissioner Wodtke asked if this decision is made
whether it would be a lasting decision or one that we can
review every year or so to see if we want to keep it.
Attorney Brandenburg replied that the Board is allowed
to review it every year just like any other County opera-
tion, and at any time, with the agreement of the Sheriff,
could agree to give it back to him. The Attorney's opinion,
however, was that once the Board takes over this operation,
we probably would have a difficult time giving it back to a
Sheriff who does not want the facility back.
Sheriff Dobeck emphasized that what he is looking at is
operating the facility in the most professional and
economical manner for the county, and if the Commission
feels after a year and a half or so that it is not working,
he would be happy to take the facility back.
Commissioner Bird noted that on one hand, if he is
going to have the ultimate responsibility, he would like to
have more direct control; however, in taking this over, he
realized we are greatly increasing our liability and
exposure.
Administrator Wright noted that this is government's
job, and right now it is split - the Sheriff has part and we
have part. He strongly believed this should come under the
County where the management can be more streamlined without
having to balance our responsibilities with those of another
department.
M
Commissioner Bird noted that out of all the Florida
counties apparently only about five are assuming this
responsibility, and Administrator Wright agreed but felt the
trend is moving that way.
Commissioner Wodtke made the point that the county will
be more able to deal more directly with the regulatory
authorities, the D.O.C. etc., re staff patterns, etc., and
as far as the budget is concerned, the Coupty Commission
already gets held responsible for all tax dollars spent in
any event. Further, in the event we ever do get into a
situation where we want to look into having a joint facility
with other counties, we would be able to deal more directly.
He believed it would be an easier overall plan, but agreed
the liability situation always has concerned him.
Commissioner Scurlock asked what authorization staff
needed if the Commission decided to move ahead.
Administrator Wright was not sure what the appropriate
legal action would be, but stated that he would like to have
the Board's consent to assume control of the jail as of
October 1st.
Commissioner Bird asked if it would be possible to
delay one week rather than taking a final vote today as he
felt the need to do a little more research before making a
decision.
Commissioner Lyons stated his only problem is that he
would be out of town on vacation; however, he could be
present on Tuesday.
After further discussion, it was decided to call a
Special Meeting for 9:00 A.M. Tuesday, July 10, 1984.
PROPOSED PURCHASE OF R/W FOR FUTURE EXPANSION CR 512
Attorney Brandenburg reviewed the following letter from
Roland Miller:
.
39
,Jug 3 1984
BOOK 57 FACE567
JUL 3 1984 Bou 57 Face 5'68
June 27, 1984
The Chairman of the Board of County
Commissioners and Members of the
County Commission
1840 25th St.
Vero Beach, Florida 32960
Re: Right -of -Way for the Expansion of County
Road 512
Dear Chairman Scurlock and Members of the Board
of County Commissioners:
I have recently purchased from the Gulf Western Corporation what
was known as the Trans Central Florida Railroad's Right -of -Way.
As you are aware, a portion of this railroad right-of-way abuts i
County Road 512 as the road passes through the portion of the
County abutting the City of Sebastian. Yesterday I began
negotiations with the County Administrator regarding the County's
expansion of County Road 512 to meet future transportation needs.
I have always been supportive of -the County's desire to plan
properly for the roads that will be eventually needed. I have
tentatively agreed with your County Administration to sell the
necessary portions of the railroad right-of-way that will be -
needed for expansion of County Road 512. I am willing to sell
this property to the County at current appraised value.
Consequently, I authorize the County to undertake appraisals of
that portion of the right-of-way that the County feels it needs
for furture expansion. I would suggest that the County hire two
appraisers so that both the County and I feel that whatever price
is determined, is a fair one. I have recently negotiated and
entered into agreements with the School Board for a'portion of the
right-of-way necessary for
��a, project the School Board has under
a tl tt a
t t 11
a. 11 UC `ia�'�` -to—work with -the Coirnty-, nd `--�--
the School Board in any way I can to make sure that the School i
Board's and the County's objectives are obtained in that area.
Sincerely,
Roland Miller, Trustee
The Attorney confirmed that the County is looking ahead
for its right-of-way needs, and the 512 area is critical.
Since Mr. Miller recently has acquired a large strip of
property that runs adjacent to CR 512, the proposal would be
for the county to move ahead now and protect that
right-of-way by purchasing it from Mr. Miller, who has in-
dicated his willingness to work with the county and accept
the appraised value. He continued that he understood Mr.
Miller would like some kind of time frame, but he would not
recommend entering into a purchase agreement until we find
40
out how much the right-of-way will cost and how much we can
buy. He further noted that there is no requirement under
Florida law that we have two appraisals, and if Mr. Miller
would agree to have just one appraisal, that would save the
County some money; we could agree to choose an appraiser who
would be mutually agreeable.
Mr. Miller informed the Board that he would agree to
Appraiser Peter Armfield, an A.M.I. appraiser of the firm of
Armfield-Houck Appraisers, and Attorney Brandenburg noted
that Mr. Armfield has done work for the county in the past.
Discussion ensued re a timeframe of three months, and
whether Mr. Armfield would be available in that time period.
MOTION WAS MADE by Commissioner Lyons,
SECONDED by Commissioner Wodtke, to author-
ize a 90 -day time period for the appraisal
of the subject property and authorize the
County Attorney to hire an appraiser mutually
agreeable to Roland Miller.
Commissioner Lyons only question related to seeing the
strip of property we are thinking about purchasing, and
Administrator Wright displayed a chart of the area, which
the Commission members reviewed.
Mr. Miller stated that he would let the County have all
the right-of-way except that which he has agreed the school
can have.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously (4-0).
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
41
JUL 3 1984 R0OK 57 F!U- 569
r
JUL 3 1984
7 :a l
follows: Treasury Fund Nos. 10868 - 11134 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 11:40 o'clock
A.M.
Attest:
Clerk
42
Chairman
n