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HomeMy WebLinkAbout11/7/1984Wednesday, November 7, 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, November 7, 1984, at 9:00 o'clock A.M. Present were Don C. Scurlock, Jr., Chairman; Richard N. Bird; Margaret' C. Bowman; and William C. Wodtke, Jr. Absent was Patrick B. Lyons, Vice Chairman, due to illness. Also present were Michael J. Wright, County Administrator; L. S. "Tommy" Thomas, Inter- governmental Relations Director; 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. Reverend Fred McClellan, First Presbyterian Church, gave the invocation, and Commissioner Wodtke led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA Administrator Wright requested that Item 14. (Verbal Presentation by Frizzell Architects, Final Plans of New Jail) be deleted from today's agenda and rescheduled for next week. Chairman Scurlock asked that an item be added for Commis- sioner Lyons regarding clamming activity in the river. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, Commissioner Lyons being absent, the Board unanimously (4-0) rescheduled and added items as requested above. APPROVAL OF MINUTES The Chairman asked if there were any additions or correc- tions to the Minutes of the Special Meeting of September 26, 1984. There were none. NOV 7 A084 BOOK 58F'r,E r NOV 7 1984 ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously (4-0) approved the Minutes of the Special Meeting of September 26, 1984, as written. 600K 58 P' F 74 The Chairman asked if there were any additions or correc- tions to the Minutes of the Regular Meeting of October 10, 1984. There were none. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Wodtke, the Board unanimously (4-0) approved the Minutes of the Regular Meeting of October 10, 1984, as written. CLERK TO THE BOARD A. Duplicate Tax Sale Certificate ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, the Board unanimously (4-0) approved the issuance of Duplicate Tax Sale Certificate No. 801 in the amount of $39.07 for J. W. Danson. B. Pistol Permit - Brett Wallace The Board reviewed memo of the Administrator as follows: 2 TO: The Honorable Members of DATE: October 24, 1984 FILE: the Board of County Commissioners SUBJECT: PISTOL PERMIT - NEW FROM: Michael Wright REFERENCES: County Administrator The following individual has applied to the Clerk's Office for a new pistol permit: Brett Graham Wallace All requirements of.Ordinance 82-27 have been met and are in order. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously (4-0) approved the application for a Permit to Carry a Concealed Firearm of Brett Graham Wallace. CONSENT AGENDA Commissioner Bowman requested that Item A be removed from the Consent Agenda. B. Budget Amendment - Guardian Ad Litem Program The Board reviewed staff memo and attached letter, as follows: 3 NOV 7 1984 BOOK 98 F' ',E 719 L- -A Fr ­ N 011 7 1984 BOOK 58 Fk"J 750 TO: Board of County Commissioners DATE: October 25, 1984 FILE: SUBJECT: Guardian Ad Litem Program FROM: Jeffrey K. Barton, REFERENCES: OMB Director The following budget amendment is to allocate funds for Indian River County's portion of the total funding for the Guardian Ad Litem Program per the attached letter from David Douglas. Account Title Account Nb. Increase Decrease Guardian Ad Litem Program 001-901-516-88.54 . 381 Reserve for Contingencies 001.199-581-99.91 381 A#ate of glaribx DAVID S. DOUQLAs !ElzlL���6 ' ^� J�x-""•""" � "`"' ROOM 4aT' COURT ADMIN19TRATaR COUNTY C E T PIERCE, FLA. 33450 PHONE: (305) 461-0210 September 26 1984 GF �Il Board of County Commissioners % Indian River County Administrative Building 1840 25th Street r-' Vero Beach, FL 32960 RE: Guardian Ad Litem Program Dear Commissioners: We have been notified the State of Florida has approved funding for a Guardian Ad Litem Program for the Nineteenth Judicial Circuit. Fifteen of the twenty circuits had previously been funded. Florida Statute 415.508 mandates: "A guardian ad litem shall be appointed by the Court to represent the child in any child abuse or neglect judicial proceeding". As is so often the case in State programs, funds are available for the Coordinator, some.travel funds, a secretary, and a small amount for legal advise but not for other office expenses. 4 Office space, office supplies and telephones will be an expense to be borne by the four counties involved, pursuant to F. S. 34.171. We have estimated an annual budget of $2,500.00. The program will not start until March, 1985 thereby decreasing the funds necessary to $1,500.00. 1985 -86 -population figures show Indian River County at 77,546, Martin County at 83,811, Okeechobee County at 24,914 and St. Lucie County at 118,471, making a circuit total of 304,742. Using the individual counties population as a percentage of the total circuit population, Indian River would contribute $381.00, Martin, $412.50,. Okeechobee, $123.00 and St. Lucie, $583.50. Bills for supplies, etc. will be received in our office in Fort Pierce. St. Lucie County Finance Officer Dan J. Kurek has agreed to handle the payment and accounting of bills paid for the Guardian Ad Litem Program. I would be happy to answer any questions that either you or your County Attorney might have. ery tru yours, David B. glass, Court A 'nistrator ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously (4-0) approved the above budget amendment for the Guardian Ad Litem Program. C. Budget Amendment - West County Fire The Board reviewed the following memo of the OMB Director: TO: Board of County Commissioners DATE: October 30, 1984 FILE: n FROM: Jeffrey K. Barton, OMB Director SUBJECT: West County Fire REFERENCES: The following budget amendment is to allocate funds to cover the expense of commissions and fees for the Property Appraiser and Tax Collector for West County Fire as they were greater than anticipated at budget preparations: Account Title Account No. Increase Decrease Commissions & Fees 116-104-52299.94 341 Reserve for Contingency 116-104522-99.91 341 J KB/dw Balance in West County Fire Reserve $750. 9 BOOK 58 FAGS A J NOV 7 1984 ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously (4-0) approved the above budget amendment for West County Fire as recommended by staff. BOOK 5® F'a,';F. 15 12 D. Approval of Bonds for Various Commissioners & Elected Officials ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously (4-0) approved Bonds for the following officials and authorized the signature of all the Board members: Commissioner Margaret C. Bowman, - District 1 Commissioner Don C. Scurlock, Jr.- District 3 Commissioner Richard N. Bird - District 5 Sheriff Tim Dobeck Tax Collector Gene Morris Property Appraiser David Nolte Clerk Freda Wright Supervisor of Elections Ann Robinson Hospital Trustees: Davis Becker Margaret Ingram Dick King Rick Lamb Members of Mosquito Control Board: Helen Glenn Karl Hedin Said Bonds will be put on file in the Office of the Clerk when executed and received. E. HUD Forms, Project 003 - Section 8 Existing Housing Program The Board reviewed memo of the Executive Director of the Housing Authority: 6 TO: Board of County Commissioners DATE: October 18, 1984 FILE: THRU: Michael Wright SUBJECT: County Administrator Documentation for Project 003 FROM: Edward J Rega REFERENCES: Executive Director IRC Housing Authority It is recommended that the data herein presented be given formal consideration by the County Commission. The Department of Housing and Urban Development in their letter of September 21, 1984 approved our application for an additional 24 units -and the amount of $104,940 has been re- served pending the submission of required documents. When the requested documents have been received and approved by HUD they will execute the Annual Contributions Contract and forward to us for execution. The documentation required by HUD is submitted and attached for consideration and approval of the Board of County Commissioners. 1. HUD form 916, Certifications In Connection With The Operation of a Section 8 Existing Housing Program. 2. Revision I, Estimate of Total Required Annual Con- tributions - HUD Form 52673 with two (2) HUD Form 52672 -. Estimate of Required Annual Contributions, attached. I recommend the County Commission authorize the Chairman of the Board to execute forms HUD 916 and HUD 52673, Rev. I, with attachments for transmittal to the Jacksonville office of HUD. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously (4-0) approved Hud Forms 916, 52673, and 52672, as described above, and authorized the signature of the Chairman. 7 N 0 V 7 198BOOK 58 'A "r P) j CERTIFICATIONS IN CONNECTION WIT" THE OPERATION OF A SECTION 8 EXISTING HOUSING PROGRAM Bncx 58 te,al�'r 754 Instructions: The applicant agency must provide assurances and certify to all of the following items. The applicant agency hereby assures and certifies that: (i) It will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and regulations pursuant thereto (Title 24 CFR Part 1) which states that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives financial assistance; and will immediately take any measures necessary to effectuate this agreement. With reference to the real property and structure(s) thereon which are provided or improved with the aid of Federal financial assistance extended to the applicant, this assurance shall obligate the applicant, or in the case of any transfer of property, the transferee, for the period during which the real property and structure(s) are used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. (ii) It will comply with Title VIII of the Civil Rights Act of 1968 (P. L. 90-284) as amended, which prohibits discrimination in housing on the basis of race, color, religion, sex or national origin, and administer its programs and activities relating to housing in a manner to affirmatively further fair housing. (iii) It will comply with Executive Order 11063 on Equal Opportunity in Housing which prohibits discrimination because of race, color, creed, or national origin in housing and related facilities provided with Federal financial assistance. (iv) In establishing the criteria for the selection of tenants, the PHA or Owner will not utilize preferences or pri- orities which are based on (1) the identity or location of the housing which is occupied or proposed to be occupied or (2) upon the length of time the applicant has resided in the jurisdiction. The PHA or Owner shall treat non-resident applicants who are working, or have been notified that they are hired to work, in the jurisdiction as residents of the jurisdiction. (v) If the proposed project is to be located within the area of a local Housing Assistance Plan (HAP), the applicant will take affirmative action to provide opportunities to participate in the program to persons expected to reside in the community as a result of current or planned employment. Chairman November 7, 1984 Board of County Commissioner_SD� G '4�71 (Date) (Title) (Signature) * G. P.O. 1976-641-224 / 1709, REGION NO. 4 I Replaces Forms HUD -912 and HUD. -41901, which are obsolete HUD -916 (4-76) 8 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PROJECT NUMBER (3-11) SECTION 8 ASSISTANCE PAYMENTS PROGRAM IN1—®'-001 & � -HOUSING lam!-_L1J -002 TYPE OF LEASING METHOD (Check one) (12) ESTIMATE OF TOTAL REQUIRED ANNUAL CONTRIBUTIONS I. [] New Construction 2. Rehabilitation NAME AND ADDRESS OF PUBLIC HOUSING AGENCY: ;Indian River County Board of County Commissioner 3.[_Z Existing 11840 25th St., Suite S-319 Vero Beach, F1a.32960 FY ENDING 1 (13) (lir,) 1. C] March 31 2. 0 June 30 3. [:X September 30 1 HUD FIELD OFFICE: 4. F-]• December 31 'Department -of Housing and Urban Development !325 W. Adams St., NUMBER OF DWELLING UNITS (15-18) Jacksonville, Fla. 32202 214 NUMBER OF UNIT MONTHS (19-24) I 2497 SUBMISSION (25) 0 Original Revision HUO REGIONAL OFFICE: U.S. Department of HUD Richard B. Russell Fed. Bldg. Revision Number__L___ 75 Spring St., S .W. AC CONTRACT NUMBER Atlanta,Ga. 30303 (26) APPROVED* REQUESTED AMOUNT ESTIMATE OF REQUIRED LINE. ANNUAL PER PHA HUD UMBER ITEM DESCRIPTION CONTRIBUTIONS MODIFICATIONS (Column 1) (Column 2) (Column 3) (27-28) (29-38) (39-48) (49-58) MAXIMUM ANNUAL CONTRIBUTION ':;%;';:•;: 545,112 01. Maximum Annual Contribution Authorized FtoR&U 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) 545 112 Project Account -Balance at End of Current Fiscal Year -Estimated or Actual 04. (Balance Previous Fiscal Year420 "::•:.......... 05. ` Total Annual Contributions Available -Estimated or Actual (Line 03 Line 04J plus ESTIMATE OF REQUIRED ANNUAL CONTRIBUTIONS (Housing Assistance and Administration) 595,870 595 87 06. Housing Assistance Payments -Form HUD -52672, Part I, Linn_ 10 07. Administrative Fee -Form HUD -52672, Part 2,Line 03 78,106 78 106 08. Independent Public Accountant Audit Costs 2,500 2 500 INITIAL ESTIMATE OF REQUIRED ANNUAL CONTRIBUTIONS (Preliminary Costs) 0 0 1 09. Preliminary Administrative Expense -Prior to ACC -Form HUD -52671, Part IA, 10. Preliminary Adminktrative Expense -After ACC -Form HUD -52671, Part IB, Line 280 . 6,600 6.600 11. Nonexpendable Equipment -Form HUD -52671, Part II, Line 350 0 0 12. Total Annual Contributions Required -Requested Year 683-076 83 7 13. Deficit at End of Current Year -Estimated or Actual 14. Total Annual Contributions Required Excess Project Account Balance at End of Requested Fiscal Year (Line 05, 15. Column 2 minus Line 14 Column 2) •:::•:;:;:;:;:•:::;.;:;;: '�� • •: %:: 438,456 16. Provision for Project Account -Requested Fiscal Year-Increas e (Decrease) (Line 15 _ minus Line 04) ';:';:;':;;:;;:;;:;•;• ANNUAL CONTRIBUTIONS 683,076 17. Total Annual Contributions Approved -Requested Fiscal Year (Line 14, Column 2 Pitts Increase itany. an Line 16) Source of Total Annual Contributions Approved -Requested Fiscal Year: (a) Requested Fiscal Year Maximum Annual Contributions Authorized (Line 03 or 18. Line 17, whichever is lesser) :X XX5 4 5 112 137 9 6 4 (b) Project Account (Line 17 minus Line 18(a)) NAME AND TITLE OF PHA APPROVING OFFICIAL SIGNATURE DATE Don C. Scurlock, Jr. Chairman - • ' Board of County Commissioners C__November 7, 19 NAME AND TITLE OF HUD FIELD OFFICE SIGNATURE DATE APPROVING OFFICIAL HUD -52673 (12.77 NOV 7 1984 Boos 58 PAOF755 Booz 58 F,1,F 756 ` PROJECT NUMBER (3-11) ®- E 1 2 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM TYPE OF LEASING METHOD 12) ESTIMATE OF (Check one) eConstruction 1 - REQUIRED ANNUAL CONTRIBUTIONS Rh Rehabilitation 2 [= j Existing 3;X) FY ENDING (13) WX 1985 NAME AND ADDRESS OF PUBLIC HOUSING AGENCY Indian River County Board of County Commission rs (14) (Check one) 1840 25th St., Suite S-319 Mar 31 1 L] Sep 30 3 [X Vero Beach, Fla. 32960 Jun 30 z Dec 31 4[J NUMBER OF DWELLING UNITS (15-16) ­LD '0FFICE 214 HUD FFE HUD REGIONAL OFFICE 325 W. Adams St., Richard B. Russell Jacksonville, Fla. Fed. Bldg. 75 Spring NUMBER OF UNIT MONTHS 19-24 32202 St., S.W.;Atlanta, 274 Ga. 30303 AC CONTRACT NUMBER SUBMISSION (25) (] Original C] Revision A-3409 Revision No. PART I - ESTIMATE OF ANNUAL HOUSING ASSISTANCE PAYMENTS REQUIRED (26) (27-28) (29) (30-33) (34-38) (39-43) (44-48) (49-54) (55-64) ' SIZE OF N0. OF MONTHLY AMOUNT MONTHLY UNIT ANNUAL LINE NO.BY DWELLING DWELLING GROSS PAYABLE FAMILY HOUSING ASSISTANCE MONTHS UNDER HOUSING ASSISTANCE UNITS UNITS RENT TOWARD PAYMENTS LEASE PAYMENTS GROSS RENT (1) (2) (3) (4) (5) (6) (7) 01 2 21 344 78 266 239 63,574 02 3 3 376 64 312 35 10,920 03 04 05 06 07 08 09 10 TOTAL 274 74,494 PART 2 - CALCULATION OF ADMINISTRATIVE FEE (26) (27-28) (29-34) (35-39 (40-44) (45-54) LINE HUD -APPROVED 2 -BR ALLOWABLE ADMINISTRATIVE NO. BASIS UNITMONTHS FAIR MARKET RENT PERCENT FEE (1) (2) (3) (4) - 01 PER- _ CENT 274 368 .0 85 -- a>.•.•w•�•.:..•.wv:;r:+:r:!:%r:4ea'Y�fTscia:7t�'.:n'•%•'•:;:i-••v-5i•;C�n'saASii:—' S::oS•:'•::;iofC:»`.•i:%?',�:-:?%+.. ..�....%'r?:j?; Vii:;:;:}.............................. .. .�.�: v:;)i �:: ; ;. � ,:: �;�:?:�;:`;:;'?:%.;� �:%?J{: Vit' �;' j}.?}'. ,..�..:. ••.: .;; .. .. }..... ... :• ... .. ..:... ... .: .:....... ... .. .. •• ... .•yam.-.. . ;.; .::�.}:.�: •. �:::: .....: ..: /� _� 03 8,571 10 1 HUD -52672 (12-77) • PROJECT NUMBER (3-1 U.S. OF AND URBAN DEVELOPMENT — 'O O F L 9 — 1 3 002 & DEPARTMENT HOUSING SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM TYPE OF LEASING METHOD 12) ESTIMATE OF (Check one) New Construction t [� REQUIRED ANNUAL CONTRIBUTIONS Rehabilitation 2[—� Existing 3:k_1 NAME AND ADDRESS OF PUBLIC HOUSING AGENCY FY ENDING (13) 19r. 85 Indian River County Board of County Commissioner (11�) (Check one) 1840 25th St., Suite S-319 Mar 31 I�._] Sep 30 3iX] Vero Beach, Fla. 32960 Jun 30 2[_] Dec 31 4[_] NUMBER OF DWELLING UNITS (15-18) 214 HUD FIELD OFFICE HUD REGIONAL OFFICE 325 W. Adams St., Richard B. Russell Jacksonville, Fla. Fed. Bldg. 75 Spring NUMBER OF UNIT MONTHS 19-24 32202 St., S.W.; Atlanta, Ga. 30303 2497 AC CONTRACT NUMBER SUBMISSION (25) C] Original C] Revision A-3409 Revision No. 1 PART I - ESTIMATE OF ANNUAL HOUSING ASSISTANCE PAYMENTS REQUIRED (26) (27-28) (29) (30-33) (34-38) (39-43) (44-48) (49-54) (55-64) LINE SIZE OF NO. OF MONTHLY AMOUNT PAYABLE MONTHLY HOUSING UNIT MONTHS ANNUAL HOUSING N0. DWELLING DWELLING GROSS BY FAMILY ASSISTANCE UNDER ASSISTANCE UNITS UNITS RENT TOWARD PAYMENTS LEASE PAYMENTS GROS4RENT (t) (2) (3) (5) (6) (7) 01 0 22 212 84 128 264 33.,792 02 1 63 263 67 196 7C;G 148,176 03 = 2 91 344 7 _ 04 3 33 64- 312 1-1 S�5 G9- - - - 05 - — _376 _3 4 5 4 06 01 08 09 10 TOTAL 2497 595,870 PART 2 - CALCULATION OF ADMINISTRATIVE FEE (26) (27-28) (29-34) (35-39 (40-44) (45-54) LINE NO. UNITMONTHS HUD -APPROVED 2 -BR ALLOWABLE ADMINISTRATIVE BASIS I FAIR MARKET RENT PERCENT FEE (1) (2) (3) f (4) " 01 PER- CENT 2497 368 .085 78,106 • •a :;uc:;�•o s:.:"{d id ti iakA'••::2•:.::i# •: i::':::agar ::'ic:+'if4:5;::+:a......... ��}, " :`,•'�f,.:---s;:":5::;"':'b'tc`^:.'^:`•.^;:::;f.', x..v ;; t...,... �:>,�..:.; ,.. 'C:•.:1•: •:\•nv:: :: \:.......... • •!`7l'.tw�:•\ :� �: ........... :'::i:i ............ ii:�i:•?i::T::�:i4'i'i' 015.00 23.7,455 03 78,106 1t HUD -52672 (12-77) !40V '�� BOOK 58 FADE 757 NOv 1994 BOOK 58 F,�GF.758 F. Requisition for 2nd Quarterly Payment FY 1985 - Annual Contributions Contract - Section 8 Existing Housing Program The Board reviewed memo of Executive Director Regan, as follows: TO: Board of County DATE: October 18, 1984 FILE: Commissioners THRU: Michael Wright County Administrator SUBJECT: Requisition for the Second Quarterly Payment FY 1985 of Annual Contributions Contract - Section 8 Existing Housing Rental Assistance Program FROM: Edward J. ega REFERENCES: Executive irector IRC Housing Authority It is recommended that the data herein presented be given formal consideration by the County Commission. In order to requisition funds quarterly from the U.S. Department of Housing and Urban Development to operate our Section 8 Housing Assistance Program, we are required to sub- mit four (4) executed copies of HUD Form 52663. This is con- sistent with our Annual Contributions Contract entered into on December 30, 1978 and as amended August 3, 1982. The second quarterly requisition includes funds for Project 003. I respectfully request the Board of County Commissioners authorize the Chairman to execute the four copies of HUD Form 52663 for the Second Quarterly payment. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously (4-0) approved Hud Form 52663, as described above, and authorized the signature of the Chairman. 12 _ U.S. DEPARTMENT OF HOUSING ANn URBAN DEVELOPMENT'' —_ FOR HUD USE ONLY • REGUISITION FOR PARTIAL PAYM=ANNUAL CONTRIBUTIONS HOUSING ASSISTANCE PAYMENTS PROGRAM Voucher Number SECTION 23 [3 SECTION B 0 Date of Requisition 10 / 18 / 8 4 Fiscal Year Ending Date 9 / 3 0 f 8 5 For Quarter Ending f 1 / R 5 NAME AND ADDRESS OF PUBLIC HOUSING AGENCY (including ZIP Code) Indian River County Board of County Commissioners ACC Contract Number A-3409 Project Number FL29—E132-001,002,0 1840 25th St., S-319, Vero Beach, Fla. 32960 No. of Months in Fiscal Year 12 Type of Project: DEPOSITARY BANK (Name, Address and Account Number) Southeast Bank, N.A. , Vero Beach Banking Center Box 40, Vero Beach, Fla. 32960,A/C #107-453490 EREXISTING 0NEW REHAB. a. Number of Units Under Lease to Eligible Families as of Date of Requisition 173 b. Estimated Number of Units to be under Lease at End of Requested Quarter 200 c. Average Monthly Housing Assistance Payment Per Unit as of Date of Requisition 175 DESCRIPTION ESTIMATE OF REQUIRED ANNUAL CONTRIBUTIONS TOTAL COST INCURRED TO DATE ESTIMATED ADDITIONAL COST END OF REQUUESTED QUARTER CUMULATIVE TOTAL FUNDS REQUIRED (1) (2) (3) (4) (5) PRELIMINARY ADMINISTRATIVE EXPENSE NEEL 1. Preliminary Administrative Expense—Prior to ACC (Account 4010) 1 0 n a 2.351 2. Preliminary Administrative Expense—After ACC (Account 4012) 3 3. Total Preliminary Administrative Expense (Lines 1 & 4 NONEXPENDABLE EQUIPMENT 4. Replacement of Nonexpendable Equipment (Account 7520) 0 5. Property Betterments and Additions (Account 7540) 4,249 0 6.. Total Nonexpendable Equipment (Lines 4 d S) HOUSING ASSISTANCE PAYMENTS 7. Housing Assistance Payments (Account 4715) 595,870 ADMINISTRATIVE FEE B. Total Administrative Fee Approved for Fiscal Year 78,106 6,509 9. Monthly Rete of Administrative Fee (Line 8 dipided by number• of months in fiscal year) 10. Amount Previously Requisitioned for fiscal year 16,824 19,527 11. Estimated Additional Amount Required to and of Requested Quarter 36,351 12. Total Administrative Fee (Lines 10 & 11) INDEPENDENT PUBLIC ACCOUNTANT AUDIT COSTS (Section 8 only) 13. Total Independent Public Accountant Audit Costs 2.500 SECURITY AND UTILITY DEPOSITS (Section 23 only) 14. Total Allowance Approved for Security and Utility Deposits 15. Amount Previously Requisitioned for Fiscal Year 16. Estimated Additional Amount Required to End of Requested Quarter = 0 0 0 17. Total Security and Utility Deposits (Lines 15 & 16) AMOUNT OF THIS REQUISITION X 18. Total Funds Required to End of Requested Quarter (Lines 3, 6, 7, 12, 13d 17) 236,898 112,584 19. Total Partial Payments Received for Fiscal Year to Date 124,314 20. Partial Payment Requested (Line 18 minus Line 19) IST INSTALLMENT 2ND INSTALLMENT 3RD INSTALLMENT TOTAL METHOD OF PAYMENT 21. Requested installment Payments 41 .438 41,438 1 41,438 124,-414 1 CERTIFY that housing assistance payments have been or will be made only with respect to units which: (1) are under lease by Families at the time such housing assistance payments are made except as otherwise provided in the Housing Assistance Payments Contracts and 12) the Housing Agency has within one year prior to the making of such housing assistance payments. adequately inspected or caused to be inspected (including Inspection of grounds, facilities; and areas for the benefit and use of the Families) to assure that decent, safe and sanitary housing accommodations are being provided; that all applicable pre- visions of the above numbered Contract have been complied with by the Housing Agency; and that this requisition for annual contributions has been exam Ined by me and to the beat of my knowledge and belief it is true, correct and '"'91-d of County Commissioners November 7, 1984 ame of public x sing A ncy (Date) (Signature and Title of Official AuthoKzed to Certify) HUD FIELD OFFICE APPROVAL (Signature and Title of Official Authorized to Approue) (Date) REGIONAL ACCOUNTING DIVISION Prevalidatedby: PAYMENT FOR MONTH OF APAIDNT DATE CERTIFIED FOR PAYMENT CERTIFIED BY_I (Initias) (Signature) (Date) TOTAL Replaces Form HND -52663 dated June 1974. 13'` L- Nov 7 1984 BooK 58 pnF 759 r1 SOV 7 984 BOOK 58 Fb.GE 76O G. Housing Assistance Program Annual Report Forms ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously (4-0) approved submission of the Housing Assistance Program Annual Report Forms and authorized the signature of the Chairman to the Voucher for Payment of Annual Contributions. 14 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOPWISE ONLY VOUCHER FOR PAYMENT OF ANNUAL CONTRIBUTIONS HOUSING ASSISTANCE PAYMENTS PROGRAM (Voucher Number) SECTION 23 [^ SECTIONS i FOR FISCAL YEAR ENDED {See Instructions on reverse) 9/30/84 NAM6 AND ADDRESS OR PUBLIC HOUSING AGENCY (InCIU910111 ZIP Code)AC ilndian River County Board of County Commissioner 11840 25th St., Suite S-319 '.Vero Beach, Fla. 32960 CONTRACT NUMBER A-3409 PROJECT NUMBER FL29-E132-001 FL29.-E132-002 HUD FIELD OFFICE U.S. Department of HUD 325 W. Adams St., Jacksonville, Fl. 32202 TYPE OF PROJECT (Check One) NEW Q REHAB EXISTING ( BEGINNING DATE OF FIRST FISCAL YEAR 7/1/79 HUD REGIONAL OFFICE NUMBER OF DWELLING 75 Spring St., S.W. UNDER ACC UNDER Atlanta, Ga. 30303 190 170 UNITS 1NUMBER OF UNIT MONTHS LEASE 2,040 Request is hereby made for the payment of annual contributions payable pursuant to the terms and conditions of the above number - ad Annual Contributions Contract for the project and the fiscal your shown above; as set forth in the following statement: REQUESTED BY PHA HUD ADJUSTMENTS (2) (3) MAXIMUM ANNUAL CONTRIBUTIONS AVAILABLE 1. Maximum annual Contribution Authorized - per Annual Contributions Contract 2. Pro Rata Maximum Annual Contribution Applicable to a Period of 440.1-72 Less Than Twelve (12) Months 3. Maximum Annual Contribution For Fiscal Year (Lines 1 and 2) 4. Contingency ReserWAccouut 2825) for Sectioq 23 projects or Project Account (Account 2827) for Section 8 projects - Balance at beginning of Fiscal Year 5. Total Annual Contributions Available (Lines 3 and 4) A PROV�j��jT� 1 TE OF ANNUAL CONTRIBUTIONS REQUIRED ANNUAL`LFdfJYTIONS 121 6. Housing Assistance Payments (Account 4715) 460v660 7. Administrative Fee (see instructions) 8. Preliminary Administrative Expense - Prior to ACC (Acct, 4010) 9. Preliminary Administrative Expense - After ACC (Acct. 4012) 10. Nonexpendable Equipment (Accounts 7520 and 754o) 11. Security and Utility Deposit Fund (section 23 Proiects on(y) 12. Independent Public Accountant Audit Costs 2,500 13. Total Funds Required - Current Year (Lines 6 through 12) 929,914 14. Deficit at End of Preceding Fiscal Year 15. Total Funds Required (Lines 13 and 14) 59-9-914 440,172. . 3 - 1,500 401,523 __401.523 16. Project Receipts other than Armual Contributions (Accts: 3614 3690, and 7530) 17. Total Annual Contnbutions Required (Line is minus Line 16) 401,523 EXCESS OR DEFICIT IN ANNUAL CONTRIBUTIONS AVAILABLE 18. Excess (Amount by u ouch Line s exceeds Line 17) 1 19. Deficit (Amount by uAich Line 17 exceeds Line s) MWMM 559,700 YEAR-END SETTLEMENT Per Au( fit 20. Annual Contributions Due for Fiscal Year (Line -l7minus Line 19) 21. Total Partial Payments Received by PHA for Fiscal Year 401 523 22. Underpayment Due PHA (Amount by uiltich Line 20 exceeds Line 21) FY82 +FY83 + FY84 23. overpayment Due HUD (Amount by uhich Line 21 exceeds Line 20) 115 967 18,701 =19 A 783 STATUS OF PROJECT ACCOUNT (Section 8 Projects only) 24. Project Account - Balance at the End of Fiscal Year (Aecosnt 2827) (Line 18) 25. Provision for Project Account (Account 7027) 559.7 0 38-649 a. Increasi(Amount by which Line 24 exceeds Line 4) b. Decrease (Amount by which Line 4 exceeds Line 24) STATUS OF CONTINGENCY RESERVE (Section 23 Projects only) 26. Contingency Reserve - Balance at the End of Fiscal Year (Account 2825) (Lute 18 or 10%, of Line 1. uAichetw is lesser) 21. Provision for Contingency Reserve - (Account 7025) a. • 11106111M (Amount by which Line 26 exceeds Line 4) b. Decrease (Amount by u&ch Line 4 exceeds Line 26) STATUS OF SECURITY AND UTILITY DEPOSIT FUND (Section 23 projects only). 28. Security and Utility Deposit Funds Provided, Account 2168.1 19. Security and Utility Deposits - Uncollectible Advances; Account 2168.2 30. Balance of Security and Utility Deposit Fund (Line 2s minus line 29) 31. Accents Receivable - Advances for Security anc Utility Deposits Account 1127 32. Security and Utility Deposit Funds Available (Li,.:. 30 minus Line 31) I CERTIFY that housing assistance payments have been or will be made only with respect to units which# (1) are under loose by Families at the time such housing assistance payments aro made except as otherwise provided in the Mousing Assistance Payments Contracts and (2) the Housing Agency has, within one year prior to the slaking of such housing assistance payments, adequately inspected or caused to be inspected (Including inspection of grounds, facilities, and areas for the benefit and use of the Families) to assure #hot 4106411011, safe and sanitary housing occemodo-ions are being provided; that all applicable provisions of 'him above numbered Annual Contributions Contract flow bass complied with by the Housing Agency; o: d that this Voucher for Annual Contributions has baa ex6sd100d by we and to die best of my knowledge and belief it is trio, correet•and completo. Indian River County 11-7-84 (Name of Public Housing Agency) '- (Date) (signature and Title of Official Auth s to Certify) FOR REGIONAL CHECK ONE: REVIEWED BY: 1. Overpayment or ; received from PHA (signature) 2. = Underpayment of s certified for payment to (Dees) the PHA on (enter date certified). is B40K 58 FAUE.761 NOV 7 1984 8v, 58 P,AGf. 762 H. Release of Easements - Oslo Park (Lewi's Wood) The Board reviewed staff memo, as follows: TO: The Honorable Members of the Board of County i DATE' October 23, 1984 FILE: Commissioners DIVISION HEAD CONCURRENCE: %ox SUBJECT: Robert M. Keat ng, ICP Planning & Development Director ROUGH: Larry W. Burkhart // Chief, Cod orcement Department RELEASE OF EASEMENTS REQUESTED BY LEWIS WOOD: LOTS 4, 19 and 20, BLOCK B, OSLO PARK SUBDIVISION FROM: Dewey Walk REFERENCES: L. Wood Code Enfo�c I t Officer DIS:CDENF It is requested that the data consideration by the Board regular meeting of November 7, DESCRIPTION AND CONDITIONS: herein presented be given formal of County Commissioners at their 1984. The County has been petitioned by Lewis P. Wood, owner of the subject property, for release of the common side lot 22 foot easements of Lots 4, 19 and 20, Block B, Oslo Park Subdivision, these easements being the north and south 22 feet of Lot 4, Block B, and the north and south 22 feet of Lots 19 and 20, Block B, Oslo Park Subdivision, found in Plat Book 3, Page 96. These lots are 50 feet in width and 100 feet in depth. It is Mr. Wood's intention to consolidate these lots and construct warehouses on the site. The current zoning classification is M-1, Restricted Industrial District. The land use designation is MXD, up to 14 units per acre. ALTERNATIVES AND ANALYSIS: The request has been reviewed by Southern Bell, Florida Power and Light Company, Florida Cablevision, and the County Util- ities and Right -Of -Way Departments. Based upon their review, there were no objections to release of the easements. The zoning staff analysis, which included a site visit, showed that the drainage would be adequately handled by the existing front and rear swales. It is the zoning staff's opinion that side lot 22 foot utility and drainage north and south 22 feet of Lot 4, Block south 22 feet of Lots 19 and 20, Block Sion, would have no adverse effect. RECOMMENDATION: to release the common easements, being the B, and the north and B, Oslo Park Subdivi- Staff recommends to the Board, through adoption of a resolu- tion, the release of the common side lot 22 foot utility and drainage easement, being the north and south 22 feet of Lot 4, Block B, and the north and south 22 feet of Lots 19 and 20, Block B. Oslo Park. 16 ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously (4-0) adopted Resolution 84-95, approving Release of the common side lot 2k foot ease- ments of Lots 4, 19 and 20, Block B, Oslo Park Subdivision, as requested by Lewis Wood. RESOLUTION NO. 84-95 WMTAS, The Board of County Commissioners of Indian River County, Florida, have been requested to release the comion side lot 2'h foot easements of lots 4, 19, and 20, Block B, Oslo Park Subdivision, according to the Plat of same recorded in Plat Book 3, page 96, of the Public Records of Indian River County, Florida. %MEAS, said lot line easements were dedicated on the Plat of Oslo Park Subdivision for public utility purposes, and WR3REAS, the request for such release of easements have been submitted in proper form; OF INDIAN RIVER COUN'T'Y, FTORIDA, that the following lot line easements in Oslo Park Subdivision shall be released, abandoned and vacated as follows: The ommon side lot 232- foot easement of lots 4, 19, and 20, Block B, Oslo Park Subdivision, 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 3, Page 96. 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 7th day of November 1984. BOARD OF COUN'T'Y COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY: ��. G/�,��, Don C. Scurlock, Jr., Chaioln 17 t�u V 7 1984 Boa 58 p v 763 J NOV 7 1984 BOOK 58 F".GE 764 I. Final Plat Approval - Country Pines Subdivision The Board reviewed memo of Staff Planner Poupard, as follows: TO: The Honorable Members DATE: October 26, 1984 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: SUBJECT: Robert M. Keati g, P Planning & Development Director THROUGH: Mary Jane V. Goetzfried Chief, Current Development Section FINAL PLAT APPROVAL FOR COUNTRY PINES SUBDIVISION FROM: Clare Z. Poupard AICP REFERENCES: Country Pines Staff Planner C DIS:JIM It is requested that the following information be given formal consideration by the Board of County Commissioners at their regular meeting on November 7, 1984. DESCRIPTION AND CONDITIONS: Country Pines Subdivision is a ten acre, sixteen lot, develop- ment located on the north side of South Gifford Road, west of 58th Avenue. The subject property is zoned R-1, Single Family Residential (6.2 dwelling/units acre) and has a LD -1, Low Density Residential (up to 3 dwelling/units acre), land use designation.. The project's actual building density is 1.6 dwelling units/acre. The subdivision received preliminary plat approval on February 17, 1982, and an eighteen month extension of preliminary plat approval was granted on May 4,1983. ALTERNATIVES AND ANALYSIS: The applicants have complied with all County requirements for final plat approval. The Public works Director has made a final inspection, and approved the construction of all on-site improvements. The County Attorney's office has reviewed the face of the plat for legal sufficiency. And, the Planning Department has examined the plat for conformance with the approved preliminary plat. All aspects of the plat are in conformance with County regulations. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners grant final plat approval to Country Pines Subdivision. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously (4-0) granted Final Plat Approval for Country Pines Subdivision. 18 J. Final Plat Approval - Boxwood Estates Subdivision The Board reviewed staff memo, as follows: TO: The Honorable Members DATE: October 26, 1984 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: . e -SUBJECT: Ro ert IKeatilng, ICP Planning & Development Director �\ THROUGH: Mary Jane V. Goetzfried J Chief, Current Development Section FINAL PLAT APPROVAL FOR BOXWOOD ESTATES SUBDI- VISION FROM: Clare Z. Poupard, AICP REFERENCES: Staff Planner T Box. Estates DIS:JIM It is requested that the following information be given formal consideration by the Board of County Commissioners at their regular meeting on November 7, 1984. DESCRIPTION AND CONDITIONS: Boxwood Estates is a 28 lot subdivision located on a ten acre tract, south of 13th Street S.W. The subject property is bordered on the west by Oslo Park, Unit 3 Subdivision. The subject property is zoned R-1, Single -Family Residential (6.2 dwelling units/acre), and has a LD -2, Low -Density Residential (6 dwelling units/,acre) land use designation. The project's actual density is 2.8 dwelling units/acre. The Planning and Zoning Commission granted preliminary plat approval to Boxwood Estates Subdivision on May 10, 1984. ALTERNATIVES AND ANALYSIS: The applicants are in compliance with all requirements for final plat approval. The County's Public Works Director has issued a certificate of completion for the construction of all on-site improvements. The final plat is in conformance with the approved preliminary plat. Also, the County Attorney's office has approved the face of the plat for legal sufficiency. Thus, all regulations in the County's subdivision ordinance have been addressed. RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final plat approval to Boxwood Estates Subdivision. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously (4-0) granted Final Plat Approval for Boxwood Estates Subdivision. 19 f 1 � BOOK M r'�n-765 N ®v 7 1984 soap 58 FnE ass A. Request for Renewal of Certificate of Need - C & J Ambulance Attorney Brandenburg presented the Board with copies of the following letter received from Indian River Memorial Hospital, which indicates their concern re C & J Ambulance Company's failure to respond to their needs on many occasions. Gary Brandenburg County Attorney Administration Building 1840 - 25th Street Vero Beach, FL 32960 Dear Gary: /nd1w River Memorial Hospitaf 1000 36th Street * 305-567-4311 Vero Beach, Florida 32960 November 6, 1984 Executive Director Alan C. Gorr It is my understanding that the County Commission will take up the issue of the renewal of the Certificate of Need for C & J Ambulance Company at their regular meeting on Novem- ber 7, 1984. That being the case, I would like to submit some "food for thought" in that regard. The C & J Ambulance Company has refused to accept referrals for patient transfers from time to time, depending on the availability of a unit to use for the transportation. Historically, this has not been a pro- blem of any substantive nature; however, during the past year we have become concerned at the number of refusals. As you will note on the attached, some 56 referrals were refused during the period January 3, 1984 through this date. During the period of January through July 20, 1984, 21 out of 46 total referrals were refused. The result of C & J's inability to accept referrals causes two immediate results of concern to us. First, a patient's discharge from the Hospital may be delayed. This may cause additional expense, not to mention inconvenience to the patient and the patient's family. Secondly, the vast majority of the transfers were subsequently performed by the Indian River Volunteer Ambulance Squad. This clearly is beyond the stated goal of the Volunteer Ambulance Squad to provide emergency transportation services. Conceivably, it could result in a unit being unavailable at a time when it was needed for other purposes, and a well intentioned gesture could result in a delay in care or worse. We have maintained a dialogue with the C & J Ambulance Service throughout the period of time in question. We are concerned, not that their Certificate of Need should or should not be renewed, but rather that the level of service to the residents of Indian River County appears to be marginal. It is our hope, therefore, that in its deliberations regarding the renewal, the Board of County Commissioners would attempt to 20 obtain some assurance from C & J that an appropriate level of service will be made available. Please call me should you have any questions in this regard. Sincerely, �1 Michael J. O'Grady, Jr. Assistant Executive Director .• t REFUSALS Bk CSJ AMBULANCE TO TRANSPORT 1984 DATE DESTINATION C&J REASON FOR REFUSAL ULTIMATE MFANS OF TIANSPOF 1/03/84 Orlando Booked Volunteers 1/04/84 Orlando Booked Volunteers 1/13/84 Lakeland Booked Herndon (Orlando) 4 1/14/84 Mt. Sinai.,Miamt Booked Volunteers 2/03/84 Shands,Jacksonv. Booked Volunteers 2/09/84 Jackson Mem. Booked Air ambulance 2/13/84 Jackson Mem. Booked Volunteers 2/14/84 Fla Hosp. S6.Orl. Booked Volunteers 2/16/84 Orlando Regional Booked Volunteers 2/24/84 F1a.Hosp Orl. Booked Volunteers 7 2/29/84 Shands,Jacksonv. Under Repair Volunteers 1 3/06/84 F1a:Hosp.So.Orl. Booked(Nuclear Disaster Drill) Herndon (Orlando) 4/02/84 Carnegie Gardens N.H. Melbourne Under Repair Chappell (Melbourne) 2 4/05/84 F1a.Hosp.So. Orl. Under Repair Volunteers 6/01/84 Sebastian Booked Volunteers 6/01/84 F1a.Hosp.So.Orl. Booked Volunteers 6/01/84 Vero Airport. Booked Volunteers 6/04/84 Fla.Hosp:So.Orl. Booked Volunteers 6/06/84 Sebastian Booked Volunteers 6/08/84 Shands,Jacksonv. Booked Volunteers 6/18/84 Lucerne,Orlando Financial problem Volunteers 6/22/84 - Financial problem Volunteers 6/25/84 Miami V.A. Hosp. Scheduling problem Volunteers 6/25/84 Lucern Hosp.Orl. Booked Lorac WheelC air Van 6/25/84 Shands, Gainesv. Booked Air ambulance 6/25/84 Vero Airport Booked Volunteers 6/26/84 Fla Hosp.So. Orl. Booked Volunteers 6/26/84 Vero Beach Care Ctr Booked Volunteers -15 6/30/84 Martin Mem/Stuart Booked Volunteers. 7/03/84 Patrick A.F.B. Booked Volunteer§ - 7/05/84 Lucerne Hosp.Orl. Booked Volunteers 7/05/84 F1a.Hosp.So. Orl. Booked Volunteers 7/08/84 F1a.Hosp.So. Orl. Under Repair Volunteers 7/09/84 Patrick A.F.S. Booked/Unit down Volunteers 7/11/84 Mecca N.H., Vero Financial problem Volunteers 7/14/84 Lawnwood, Ft.P. Booked Volunteers 7/16/84 F1a.Hosp.So. Orl. Booked Volunteers 7/16/84 F1a.Hosp.So. Orl. Booked Volunteers 7/16/84 Fla Hosp.So. Orl. Booked Volunteers, 7/17/84 Humana/Sebastian Booked Volunteers 7/19/84 Patient home/local Booked Volunteers 7/20/84 Raulerson Mem.Obeec.Booked Volunteers 14 7/24/84. Lawnwood , Ft. P. Broken unit Volunteers 8/08/84 Lawnwood,Ft. P. Broken unit Volunteers 8/22/84 Holy Cross,Ft.Laud. Booked Volunteers 8/27/8.4 Lawnwood, Ft.P. Booked Volunteers 8/29/84 Fla Hosp So.,Orl. Booked Volunteers 5 8/30/84 Carnegie GardensNH Unit down Volunteers 9/05/84 Martin Mem.Stuart Wait.for plane to land Lorac 2 9/25/84 Fla Hosp So.,Orl. Maintenance Volunteers 10/02/84 Fla Hosp So.,Orl. Booked Volunteers 10/12/84 Shands,Jax. Booked Volunteers 10/21/84 Fla Hosp So,Orl. Committed to meet plane Volunteers (2 patients) 4 10/24/84 Fla Hosp So.Orl. Can't do that early(9a.m.) Volunteers 11/01/84 Jupiter Can'd do Lorac 2 11/05/84 Holmes Reg/Mlbrne Booked Family 21 NOV 7 1984 Boa 58 FA6E•767 NOV 7 1994 BOOK 5® pe, GE 1 68 Chairman Scurlock commented that actually issuing a Certificate of Need just allows the ambulance company to function. Attorney Brandenburg noted that the Board could postpone the decision and ask the ambulance company to respond to the concerns raised at the next meeting. Commissioner Scurlock asked if that would allow them to continue to function, and the Attorney stated that it would. Commissioner Bowman reported that the north part of the county has had difficulty with this ambulance service also, and she would like to leave the door open so possibly another ambulance service could respond from the Melbourne area. Attorney Brandenburg assured her that the Certificates of Need are not exclusive. MOTION WAS MADE by Commissioner Bird, SECONDED by Commissioner Bowman, that any decision on issuing of the Certificate of Need to C & J Ambulance Service be delayed until their representative can meet with the Commission to discuss these problems; also the Chairman will write a letter indicating that we wish to discuss rates. OMB Director Barton noted that is the question he wished to raise. He has been getting bills from all the services to transport bodies to the Medical Examiner, and C & J Ambulance is the highest of all. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously (4-0). 22 � � r R. PROCLAMATION - Fellsmere Little League Baseball Field Chairman Scurlock informed those present that a real exciting thing has been happening in Fellsmere - some individuals of the community have worked together to develop a baseball field for the youth of the area, and it has become almost a focal point in the Fellsmere area. A Proclamation has been prepared in recognition of this benefit to the County. The Chairman hoped that later the Commission will be able to participate in a ceremony to honor all those who have participated. He then read aloud the following Proclamation and presented it to Alvin Thomas, Mayor of Fellsmere. 23 N 0V 7 1984 BOOT 58 -PACE 769 NOV 7 1984 BOOK 58 FAGE770 -7 P R O C L A M A T I O N RECOGNIZING the civic -oriented individuals who participated in the Fellsmere Little League Baseball Field; WHEREAS, for many years, the City of Fellsmere and surrounding areas have been in need of an additional ballfield to aid in the community's recreational programs; and WHEREAS, many concerned civic -minded citizens, businesses and elected officials of Fellsmere and the, surrounding community recently pooled their energy and resources to construct the Fellsmere Little League Ballfield ; and WHEREAS, individuals donated their time, money, and physical energy in constructing the field; businesses made donations of materials and funds; North County Recreation, Inc. donated materials and lights; and the City of Fellsmere provided the land to produce a facility that all the residents of the area can enjoy and be proud of for years to come; and WHEREAS, the field is slated for immediate n qp by the several Little League Teams and the Ladies' Softball Team; NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, sitting in Regular Session this 7th day of November 1984, that the County and all of its residents express their appreciation and congratulations to all those individuals, businesses, and elected officials involved in the creation of a fine new facility; and further believe that this ballfield will stand as evidence of the cooperation and ability of the people in the. Fellsmere area to work together for the betterment of their - community. BOARD OF COUNTY COMMISSIONERS INDIAN RIVEERR COUNTY, FLORIDA / 24 Don C. Scurlock, Jr Chairman ACKNOWLEDGMENT OF CERTIFICATE OF PERFORMANCE AWARD FOR 1983 COMPREHENSIVE ANNUAL FINANCIAL REPORT The Board reviewed letter from Clerk Freda Wright and from the Government Finance Officers Association, as follows: October 30, 1984 FREDA WRIGHT CLERK, CIRCUIT COURT AND RECORDER INDIAN RIVER, G OUNTY The Board of County Commissioners Indian River County Vero Beach, Florida Gentlemen & Mrs. Bowman: P. O. BOX 1028 VERO BEACH - FLORIDA 32960 The September 30, 1983 Comprehensive Annual Financial Report has been awarded a Certificate of Conformance by the Govern- ment Finance Officers Association of the United States and Canada. This is a major accomplishment for our County and represents the culmination of three years work on the County's financial records and reports. As of March 23, 1984, fifty-nine governmental entities in Florida had been awarded a_Certificate of Conformance. Of those fifty-nine governmental entities, only twelve of them were Counties. The September 30, 1584 Comprehensive Annual Financial Report will also be submitted to the Government Finance Officers Association and I am confident that it will also qualify for a Certificate of Conformance. Sincerely, . ( ), Freda Wright Clerk of the Circuit Court 25 QV 7 198 BOOK F®F , October 11, 1984 Ms. Freda Wright Clerk of the Circuit Court Indian River County 2145 - 14th Avenue Vero Beach, Florida 32960 Dear Ms. Wright: BOOK 58 PA-UF.772 180 NORTH MICHIGAN AVENUE SUITE 800 CHICAGO, WNOIS 60601-7476 312.977-9700 We are pleased to notify you that the comprehensive annual financial report of Indian River County, Florida for the fiscal year ended September 30, 1983 qualifies for a Certificate of Conformance in Financial Reporting. The Certificate of Conformance is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government or public employee retirement system (PERS) and its management. When a Certificate of Conformance is awarded to a government or PERS an Award of Financial Reporting Achievement is also presented to the individual(s) designated by the government or PERS as primarily responsible for its having earned the certificate. Enclosed is an Award of Financial Reporting Achievement for Edwin M. Fry, Jr., Finance Director. The Certificate of Conformance will be mailed to you under separate cover. We hope that you will arrange for a formal presentation of the Certificate and Award of Financial Reporting Achievement, and that appropriate publicity will be given to this notable achievement. A sample news release is enclosed. We suggest that you provide copies of it to the local newspapers and radio and television stations. We hope that this example will encourage other government officials in their efforts to achieve and maintain an appropriate standard of excellence in financial reporting. If you have any questions regarding this matter, or if we may be of any further assistance, please don't hesitate to contact us. Sincerely yours, GOVERNMENT FINANCE OFFICERS ASSOCIATION David R. Bean Assistant Director/Governmental Accounting Program Finance Director Ed Fry explained that he had wanted to make the Board formally aware that we had received the above award. He did feel it represents a milestone in the County's record keeping, and believed that we are the smallest county in Florida that has received this certificate; in fact, only twelve counties in Florida have the certificate. Chairman Scurlock felt the Finance Department has done an outstanding job, and believed it is important to note that a 26 small county such as ours is coming into a real professional approach to the handling of our financial reporting. He felt when the plaque with the Certificate of Conformance is received that it should be displayed in a prominent place in the Administration Building. DISCUSSION RE FUTURE OF REMAINING McKEE JUNGLE GARDENS PROPERTY Donald Driscoll, Chairman of the McKee Jungle Garden Historical Preservation Committee, presented the Board with a petition signed by over 200 residents of Vista Royale Gardens and Vista Royale, the first page of which is as follows: 70: .4ndi.an, Rive& Bound o4 County Conon .9ndian ?iv;". 1 Lcmtn ng and Zoning, Coww:4Acon S eri: Ackee YwWLe Saaden& The undeAA2 ned A &i..den4o� V.uta ?ogaLe , azdeA& endo&.- the ob jecti,.ve& of the McKee gu».gLe , aaden& #i&i-oa,i.caL Landnmk Connifftee to p&eAeoive the tem int:np oAi' eaL Adee aungLe bui.Ld- .im;A and gaowdA as a uni j&e and hi aioa i caL gnd i an Rive ,% Country Landmanh. We heathy, petition gouA Bouadl. io Lend you& auppont to this. eanathw" piro ject. NYW rS r�1' 7F. (The entire petition is on file in the Office of the Clerk.) 27 QV 7 1984 BOOK 58 FA;;F.7 3 BOOK 58 FAGS 774- 7 Mr. Driscoll felt this unique 20 acre site would make a lovely botanical preserve and possible site for alrelated educational facility of some type for school children and adults. He noted that the site contains nature walks with trees and plants from all around the world, which were planted there by the original founders. He sincerely requested the active support of the Commission in preserving this property as a one -of -a -kind Indian River landmark. Chairman Scurlock noted that Commissioner Bird has been very much involved in the land acquisition on our beachfront and felt he is most knowledgeable in this area. Commissioner Bird stated that he would like to look into the possible acquisition of this property with the assistance of Attorney Brandenburg. In discussion, it was noted this is the commercial property belonging to Vista Properties. Attorney Brandenburg felt as a first step the Planning Department could do a survey of the site, some drawings, etc. Intergovernmental Relations Director Thomas reported that about seven or eight years ago he was involved in trying to get the Nature Conservancy to purchase the whole tract. He believed that we have a full report on the whole McKee Jungle Gardens property and that it can be made available. The Board generally concurred this should be pursued. REPORT - CODE VIOLATIONS AT BLUE CYPRESS LAKE Planning Director Bob Keating presented slides of the Blue Cypress community, including a graph of the area depicting the mobile homes, the additions made to them, the regular structures, docks, pavement, setbacks, etc., and demonstrating the specific violations, most of them being setback violations. In some instances, there are several structures on one lot, and there is a 4 -unit motel structure. Mr. Keating displayed a picture of a narrow road with structures encroaching onto the right-of-way 28 and also a picture of a tier of mailboxes, which he felt made it quite clear that this is more than just a weekend retreat. One slide showed many power lines going to various structures from one pole. Planning Director Keating reported that the most common violations were inadequate setbacks, more than one structure on a lot, and they also found drainpipes discharging right into the canal. Most of the additions were constructed without permits. Generally it is staff's position that no permits can be issued administratively by them due to our regulations. Mr. Keating stated that he has a draft of a letter they would like to be authorized to send out, informing the residents of the community that this area is under study and no more permits will be issued until the whole situation has been resolved. Chairman Scurlock did not know how to accomplish this, but his personal feeling wasthat we have existing situations that should be grandfathered in since this community has developed over many years and cannot be corrected with just a bulldozer. He noted that we, of course, do not want to allow any hazardous situations to remain, but he hoped we could find some legal way for these structures to remain, correct any safety and health hazards, and then come up with an approach for the future where any additional units will comply with the law of the land. The Chairman emphasized that a solution to the wastewater problem is an absolute necessity, and he believed we will have to establish a plant and levy on the residents as we have done in other areas. Administrator Wright stressed that it has never been staff's intent to go out there and bulldoze out what is there, but there is a problem and they are coming to the Board for direction. Attorney Brandenburg noted that he had passed out some information from our consultants who propose to write a code for the Blue Cypress. The proposal of Solin and Associates is as follows: 29 Bo 58 Pb:,1F. 77 N 0 V 7 ��4 r, -I NOV 7 1984 BOOK PI f, SOLIN AND ASSOCIATES. INC. November 6, 1984 PLANNING CONSULTANTS 1201 1 Sth PLACE. SUITE 101 VERO BEACH. FL 32960 Gary M. Brandenburg, County Attorney Board of County Commissioners 1840 25th Street Vero Beach, Florida 32960 Dear Gary: ,As you requested, please find attached a proposed schedule of costs for drafting zoning district regulations and a Comprehensive Plan amendment for the Blue Cypress Lake area. The estimated budget takes into consideration the need for preparing a preliminary draft ordinance for staff review. In addition, a workshop draft and a public hearing draft will be prepared reflecting the consultant's analysis and recommendations regarding issues identified by staff in its review of respective drafts. I look forward to the opportunity to continue working with you and other County officials in your efforts to amend the Zoning Code. Please contact me regarding any related issues which you wish to share with me. Very tr y yours, ter L. Solin, Jr., AICP rincipal Solin and Associates, Inc. / PROPOSED WORK PROGRAM AND BUDGET BLUE CYPRESS LAKE LAND USE POLICY The following is a summary of the proposed work program and budget for drafting land use policies for the Blue Cypress Lake 'area. Phase I: Phase II: Phase III• Phase IV: Proposed Work Program Examination of Problems and Issues Conduct field visit of impacted areas. Meet with staff members to identify zoning issues in the Blue Cypress Lake area. Examine existing land use and ownership patterns. Prepare preliminary draft of Comprehensive Plan Amendme-rt and Blue Cypress Lake Zoning District provisions. Draft needed revision to the AG provisions of the Comprehensive Plan allowin for recreational develo ment at Blue Cypress Lake Also, draft prel-imi.nazonnq,., district mons for development at B ue Cypress Lake. Revise Phase II Work Based on Staff Review. The preliminary drafts will be revised based on input from staff and local officials. Prepare Final Draft of Comprehensive Plan Amendment and District Regulations for Public Hearings. A final draft of the Comprehensive Plan Amendment and zoning district regulations will be prepared in ordinance form following staff briefing of workshops conducted on the Phase III draft. Phase I: Problems/Issues Identification Phase II: Preliminary Draft Phase III: Revised Draft Phase IV: Public Hearings Draft _ Total Budget for Phas1",- V: Budget $ 300.00 450.00 250.00 125.00 $1,125. Commissioner Bird wondered how long we are going to have to continue to go outside for consultants to do this work for us. Administrator Wright felt we will be able to do this in-house when the codes are developed, but right now we are very stretched out as to staff. Planning Director Keating believed when there is a one time activity such as developing a Zoning Code, that it is better to deal with someone who writes these codes on a regular basis and keeps up with all the current requirements. He pointed out that much of the Planning Department's activity is spent on day to day activities. Commissioner Wodtke noted that this land is leased and wished to know when you deal with a violation whether you deal with the person who owns the land or the one who owns the structure on the land. Attorney Brandenburg stated that depends on the type of violation. With the structures you deal with the lease holders; re the lots, improper streets and selling lots without proposal disposal systems, you deal with the land owner. The Attorney noted that in 1978 the owners indicated that in return for allowing a certain number of additional structures to be placed out there, which it was agreed would be self-contained units, they would not sell any more lots until a public disposal system was in place. However, more lots were sold and the units that were placed out there were not self-contained. Attorney Brandenburg, therefore, felt that we have very good grounds to go back and require the Holmans to live up to their original representations to the county, and with the Board's permission, he would like to do so. Commissioner Wodtke noted that he has the same concern as Commissioner Bird about paying someone outside to write this special zoning ordinance. He realized we need to create conformity in the zoning, but stressed that his main concern is the health area; we must address the septic tank problems. ®® 31 N Q 7 19®4 BOOK FjAu 777 NOV 7 1984 BOOK 58 PAGE 778 In the ensuing discussion, it was generally agreed that safety and health are the main concerns and also that, although we need to adhere to our county regulations, we must use our common sense. It was further felt that the residents of the area want to cooperate as it obviously is in their interests to find a solution to the problems so the lake and their environment is not destroyed. The problems related to devising a sewage system that would be workable in this particular area were brought up, and Attorney Brandenburg suggested the draft letter to be.sent to the residents be modified to propose a moratorium while these procedures are worked out. Administrator Wright noted that, in essence, a moratorium is being created if staff can't issue a permit until the zoning district is changed, etc. The proposed letter is just notifying every lot owner that any structure must receive a permit. Commissioner Bird felt this would be preferable to going through the formal process for a moratorium, and the Board members agreed. Chairman Scurlock believed staff is looking for authorization for consultants to prepare this scope of work and complete it, and he felt the Commissioners seem to be of the same mind about what needs to be done. Administrator Wright wished to spell out the various issues step by step so there is no misunderstanding. 1) Zoning - hire Solin & Associates to do the work and authorize the necessary budget transfers from contingencies. MOTION WAS MADE by Commissioner Bird, SECONDED by Commissioner Bowman, to authorize the hiring of Solin & Associates to prepare zoning district regulations and a Comprehensive Plan amendment for the Blue Cypress Lake area and to authorize the necessary budget transfer from MSTU contingencies. 32 Commissioner Bird noted that the Planning Department set aside a specific amount for Solin to do the Zoning Code, and he asked about taking the money from their budget under Other Professional Service. Mr. Keating stated that account is very limited, but Commissioner Bird felt if the money is in that fund, that is where it should come from. Commissioner Wodtke agreed, noting that we are doing something very special for a very special area. Administrator Wright pointed out that this actually is part of the Zoning Code, and we are funding the Zoning Code out of the MSTU; Chairman Scurlock noted that we do have a park there and our sanitary sewer situation could be improved also. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. Administrator Wright then addressed the second issue. 2) A plan recommendation for Blue Cypress, which will require engineering and probably a special taxing district of some sort. He stated that staff needs authorization to proceed with negotiating a contract with the engineering firm to bring back to the Board, and he felt this would simply entail an extension of the existing contract with the people who are doing the Sewer Master Plan and the SR 60 transmission main. If a satisfactory price cannot be agreed upon, the Administrator stated that he would come back to the Board for further direction. Commissioner Bird noted that we have some pretty high priced talent present in the audience today, and he would like to hear their comments. Attorney Robert Jackson came before the Board representing the property owners who have leased property out there for 99 years. He confirmed that they want to work with the Commission since their health and safety is involved, and they are in 33 Q� ��® BOOK F4:jF 779 F - Nov 7 1994 BOOK 58 PAGF 780 complete agreement with what the Administrator and the Chairman have said; they feel the approach that they should be grandfathered in is the right one. In regard to the new zoning designation and the plans for sewer, Attorney Jackson stated that he would appreciate meeting and working with staff on this. Administrator Wright asked if the home owners are interested in centralized water also, and Mr. Jackson stated he would like to discuss that also. It was agreed this must be analyzed. ON MOTION by Commissioner Bird, SECONDED by Commissioner Bowman, the Board unanimously (4-0) authorized staff to meet with Williams, Hatfield & Stoner and come back with a negotiated price for them to do a preliminary design of a sewage system and also to pursue some type of funding mechanism. Administrator Wright then addressed the third issue. 3) Direction for staff not to pursue the particular zoning code violations that may exist re setbacks, etc. He noted that he would discuss the electrical violations as a separate item. Attorney Brandenburg informed the Board that he still has difficulty with the drafted letter which is to be sent to the Blue Cypress residents, in particular the language about imposing a moratorium, and his reasons for this difficulty are set out in his memo to the Board regarding the application of Mr. and Mrs. Purdue for placement of a mobile home on the finger canals of Blue Cypress Park, which is the next agenda item. Said memo is as follows: FI 34 TO: Board of County DATE: October 31, 1984 FILE: Commissioners r FROM: Application of Mr. and SUBJECT: Mrs . Purdue for the placement of a mobile home on the finger canals of Blue Cypress Park REFERENCES: Mr. and Mrs. Purdue have been attempting to obtain approval of the placement of a trailer at Blue Cypress Lake fish camp unsuccessfully for the last several weeks (Block 3, Lot 14) . It is my understanding that the Building Department has refused to give Peace River Electric Authority the approval to meter the site because of the current status of the Indian River County Zoning Code with respect to this Camp. During this time, I have reviewed the convoluted zoning history and development pattern of this site, and make the following observations; Prior to 1962, the fish camp developed as an area for week -end camping with tents and mobile trailer units. The fish camp, which was developed by Mr. Holman, had its zoning changed to C-1, commercial, to allow trailer parking in 1962. It was evident to the County at that time that permanent structures would also be placed on the site as there were discussions regarding setbacks: "Any permanent structure or trailer on blocks with permanent additions would meet residential setbacks." Trailers pulled on the property that could be removed without disassembly were allowed to disregard any such setbacks. Also it appeared that setbacks in the R-3 district were to be applied, requiring a front yard of 15 feet, a side yard of ten feet, and a rear yard of 15 feet; minimum building area of 5,000 square feet with 50 feet of road frontage. It then appears that the area developed with a combination of permanent structures, permanently placed mobile homes, and trailers without regard to any setbacks whatsoever. It does not appear that any of the lots meet the minimum square footage requirements for a building site. In 1971, the County zoning laws were changed again, resulting in the deletion of trailer/campers as an allowable use in the C-1 zone. However, it appears that trailers and permanent structures continued to be placed or constructed on the site subsequent to this date --either with the implied approval of the County or the omission of the County to enforce the zoning code. In 1976, the owner of the property asked and received a variance to allow the continued placement of trailers on 15 unsold lots despite the zoning code's prohibition. The variance approved was to "permit trailers to continue to be located on the property described herein on Blue Cypress Lake, which is operated as a fish ' camp, be granted." The sewerage systems on these 15 lots were to be self-contained. It should be noted that the Purdue's lot was not one of these 15, but had already been sold as a lot for a trailer site with a septic tank constructed in the ground. It is also interesting to observe that the 15 lots for which a variance was granted were sold and now contain units that are not self-contained. In May of 1977, individuals were having difficulty obtaining power hook-ups for certain lots at the fish camp, including the previous owner of the Purdue lot. Mr. Holman wrote the then Chairman of the County Commission, Bill Wodtke, asking permission for electrical hook-ups on 11 specific lots including Lot 14. The letter indicates that all of the lots mv 7 1984 35 BOOK 58 F'Gf. 78 NOV 71984 © BOOK 58 fAGE 7C� had septic systems in existence, allegedly installed prior to notification or enforcement of the County's permitting requirements for said lots and septic tanks. The letter also indicates that no more lots will be sold until a public sewer system is in place. The file contains a letter, dated 6/1/77, addressed to the County from the Health Dept., indicating no objections to the interim use of the existing septic tanks (includes Purdue's septic tank). Subsequently, electrical hook-ups were allowed on these 11 lots at the request of owners, and units were placed on the lots. In January, 1978, Mr. Holman once again requested permission for electrical hook-ups to Lots 12 and 13 on Finger 1. On January 18, 1978, the Board of County Commissioners, once again, approved said hook-ups despite the existing zoning. It should be noted that the obvious purpose of requesting such hook-ups was to install structures or trailers, and permission was granted without any apparent attempt to enforce the County's Zoning Code or permitting requirements. Subsequently, several other lots have had trailers or structures placed with their electric connections run off of a previously approved electric meter. Subsequent to the purchase of the lot by the Purdues and prior to the placement of the trailer on the site, they applied to the County for a mobile home tie -down permit and an electrical hook-up permit for that location and received approval in 1978. After the placement of the trailer on the site, the Purdues attempted to obtain an electrical hook-up through proper channels and the Peace River Utility Co. The current dispute arose when the Purdues approached the Building Dept. requesting approval of the Utility Co. to tie into their trailer. Others have avoided this "contact" with the County by merely tying their trailers into someone else's utility meter. Two principals of law pertinent to this discussion; e. g., (1) Governmental agencies cannot discriminatorily enforce or apply their laws; (2) Equitable Estoppel: (a) For any County law to be valid, it must be enforced uniformly against all individuals falling within the classification regulated by the law. The County cannot pick and choose where or against whom the law should apply. Likewise, the County cannot bestow privileges or benefits on some by omitting to enforce a law for years and then enforce it against an unlucky individual who happens along at the wrong time. This would constitute discriminator application of �n otherwise valid law. Y. illegal (b) ,When an individual justifiably relies on an act or omission of government, and based on that act or omission changes his !'position to his substantial detriment, the law states that the governmental agency may not "pull the rug out from under him." Based on the foregoing, I would recommend that the County require the Purdues to comply with Requirements 1 thru 3 in Esther Rymer's letter of October 2, 1984, to assure a safe structure, and that the existence of C-1 zoning not be the basis for the County's preventing an electrical hook-up from the Peace River Utility Co. 36 I have previously sent a letter to the Environmental Health Dept. indicating the County's commitment to study and resolve any sewerage problem due to the use of septic tanks at the fish camp (a copy of which is attached) . • It is my understanding that their Dept. will be conducting tests of the water adjoining the camp in the near future. Based on the Environmental Health Department's position in the past on this same topic; the County's commitment to study the current conditions; and 'the foregoing arguments which are equally applicable to the Health Department, I do not believe there is a basis to deny the Purdues a utility hook-up. I would suggest that the County continue along the path indicated during the Commission's first discussion on this topic; i. e., (1) draft a new zoning code, (2) adopt a new zoning district applicable to the fish camp. Then structures or trailers not in compliance would be grandfathered -in, and all new construction or placement of trailers thereafter would be required to meet the new standards. The standards in the new code should be designed to encourage individuals to comply instead of the current situation where individuals are encouraged to by-pass the County completely and find other means to obtain electricity,. etc. to trailers they have placed on the site without permits. The County would also continue to study the current status of the septic tanks's use and alternate treatment plants. :RSespecy su m'andenbur orney October 18, 19841 Mr. Michael J. Galanis, Director State of Florida Department of Environmental Health 1840 25th Street Vero Beach, FL 32960 Re: Blue Cypress Lake Dear Mike: Please be advised that the Board of County Commissioners during their regularly scheduled meeting of, Wednesday, October 17, 1984, considered the situation at Blue Cypress Lake. The Board noted that there has been a lack of application of clear cut rules to the area with respect to the County's zoning regulations, Building Code, and sewerage treatment processes. As a result, the County Commission instructed our engineers for the County -wide wastewater master plan to review the area and conduct the necessary work to reach a permanent County has, at its size to serve the engineer a feasible the problems. solution at the site. You will note that the disposal, a package plant of the appropriate area. The County Commission's intention is to solution and move ahead immediately to resolve 37 Sincerely, andenbur , Attorney ®v 7 1984 BOOK ®FAGF 783 F_ BOOK 58 P.vF.784 Attorney Brandenburg suggested that the last sentence in the letter staff is proposing to send out, which says that no con- struction may occur, be scrapped and instead just make everyone aware of the fact that they are required to get County approval to do anything out there. Commissioner Wodtke asked if, in other words, he wanted the Board to make a Motion more or less stating that we are going to overlook the zoning violations, and Commissioner Bird, felt that basically we have said we are in the process of having our consultant draw up a zoning code that is going to grandfather in the existing situation, and he felt it would be contradictory to that to be running out there citing zoning violations. Attorney Brandenburg suggested that perhaps the letter can say there are zoning violations under our current ordinance; that the County is moving to adopt a new one and has opted not to use the enforcement option at this point with respect to the current ordinance. The future ordinance in all likelihood will grandfather in all existing structures and and require all individuals planning future construction or activity in the area to come in and be permitted. Administrator Wright felt that was fine, but what happens in the interim. Attorney Brandenburg noted that in the interim, staff is not going to enforce the current zoning code against the individuals who are out there now. Administrator Wright argued that then anyone who wants to build tomorrow can just go out there and start building. The problem he is trying to get at is that people have tended to believe they don't need a permit to build out there. He stressed that he doesn't want to go after anything that is existing. MOTION WAS MADE by Commissioner Wodtke, SECONDED by Commissioner Bowman, to authorize the proposed letter to be sent to Blue Cypress area residents by 38 _I the Planning & Development Director, stating that prior to the adoption of a new zoning ordinance for that area, no building permits will be issued, and the Administrator will not pursue any violation until such time as we adopt the new zoning code. Administrator Wright again emphasized that all he wants to say is that you have to get a permit to build. He just wants to correct the consensus of most of the people out there that you don't have to have a permit to build at Blue Cypress. Attorney Brandenburg suggested that instead of saying "no permits will be issued," the letter just state that a permit must be obtained in order to construct anything. Commissioners Wodtke and Bowman agreed to reword their Motion accordingly, and the Board concurred. THE CHAIRMAN CALLED FOR THE QUESTION on the Motion as reworded. It was voted on and carried unanimously (4-0). Administrator Wright then asked what to do about specific violations of the Building Code re electrical. He believed there are situations where there are multi feeds. Commissioner Bird suggested that we wait until the electrical inspector makes his report. Attorney Brandenburg believed the Board needs to adopt the new code so a person who wants to hook up can do so in conformance with the code. He, therefore, believed, we need to hold off on that until the new ordinance is in effect. Administrator Wright next asked about violations of the Building Code, and Commissioner Bird wanted to know why we would treat those any differently. The Administrator wished this in the form of a Motion. NOV39 O 7 19 BOOK �� FAr,F 7,85 F- NOV 7 1984 BOOK 58 F°CF 786 Commissioner Wodtke felt we need to establish the level of violation about which we are going to be concerned, i.e., if there is a specific electrical hazard, it should be addressed. Attorney Brandenburg noted that this is no different than any other place in the county where there are very old structures that do not meet electrical code. When the Board adopted the new Zoning Code, the same process was followed, i.e., the point where the County steps in is where there is a specific hazard. Commissioner Wodtke expressed concern about the four unit hotel. Building Director Ester Rymer wished to make the Board aware that she has only one electrical inspector covering this entire county, and if the Board wishes him to go out to Blue Cypress and go through everything, she will need more help. Attorney Brandenburg noted that all we are looking for is a structure that is actually unsafe and hazardous. The inspector would not be looking at every wire to see if it meets the current code - just to see if there is something that is not safe. Commissioner Wodtke asked if the motel is not more of a zoning problem. Attorney Brandenburg believed that it is more of a code problem. He explained that they had electrical hookups for some three trailers before they built this structure, and they simply took that electrical hookup for the three trailers and put it into the motel structure. Mrs.Rymer reported that actually this is wired in romex wiring, and the ordinance requires it to be in conduit. Mrs. Rymer pointed out that if her inspector tells her this is romex, she has no choice but to tell them it must be torn out and rewired, and she wished to know in black and white just what the Board expects her department to do. Chairman Scurlock felt he could clarify this - he, as one Commissioner, was led to believe that there may be some potential electrical problems out in this area; if Mrs. Rymer is telling 40 r _I him that romex wiring is not unsafe but just that it does not meet code, then that is okay. If, however, there are bare wires with sparks flying, that is something else and if we identify something of that nature, we need to take care of it. Administrator Wright noted that obviously there are other areas in the county with code violations, but if staff knows about a specific code problem, they are obligated to do something about it. In this case we know about it; the Attorney is saying don't do anything; but what does the Commission say? In further discussion, it was more or less indicated that staff should go along with the status quo and not rock the boat for the time being. ON MOTION by Commissioner Bird, SECONDED by Commissioner Bowman, the Board unanimously (4-0) instructed staff to "sit steady in the boat." Commissioner Bird requested information as to the possibility of sewage being discharged into the canals. If there are flagrant health violations at Blue Cypress, he felt the Board should know. Mike Galanis of the Environmental Health Unit informed the Board that his department did rather extensive work out at the Blue Cypress area. Mr. Galanis reported that they did not find any direct discharge of sewage into the canals, and the lab results on the lake samples were better than he had expected. There are 100 lots, 75 of which are developed, and two or three lots have more than one residence on them. They found 51 septic tanks, 28 artesian wells, and one dozen surface water wells; a good percentage of the time, one well will serve from one to six residences. Virtually all the septic tanks were within 50' of the surface water. They did find some 2' or 3" pipe into the canal, and only found one 4" pipe, which had been capped. 41 The 2 N 0V 7 1984 BOOK 58 F'ci E 79 7 j NOV 7 1984 Boos 58 FacE i38 or 3" pipes do not usually carry solid waste, but sink waste. Mr. Galanis stated that they had a long discussion with members of the property owners association and believed they are trying to clean up these 2 or 3" pipes, since most of them have been capped. Mr. Galanis noted that the existing soil is miserable, and he doesn't understand how a septic tank works out there; however, he felt there are very few full time residents so there is very little usage. He then asked Glenn Schuessler to report on the water pollution survey, which is as follows: INDIAN RIVER COUNTY HEALTH UNIT Environmental.Health.Division BLUE CYPRESS LAKE Water Pollution Survey October 30, 1984 Sample Collection BOD Nitrates Total Col. Total Fecal Number Site (mg/1) (mg/1) (100 ml) (100 mi) 1. Zig-Bag &'Big M Canal 3.0 < .02 7900 330 2. Zig--Zag & Lake 35000 330 3. Middle of Lake 2.5 .07 :4— 2 4.2 4. Water Gate Marker 70 9 5. County Ramp 4900 34 6. Holman Canal -Mouth 90 08 7. Holman Canal -Middle 1300 11 S. Holman Canal -Culvert 1300 23 . 9. North -North Canal(east) 490 79 10. North -North Canal (west) 330 33 11. North Canal (east) 2.9 .044 1700 130 12. North Canal (west) 6.0 .037 220 17 13. Middle Canal(east) 2.8 .044 2200 17 14. Middle Canal (West) 7 -C.02 350 33 15. Middle Canal (Middle) 3300 11 16. South Canal (east) 4.7 4'.02 1700 700 17. South Canal (Midle) 2300 330 18. South Canal (west) 2.1 .02 490 46 42 7a+A71Ei2FRlL � FJ1ST- � T LI�IF�?AG G9r1/rRC NqL F-AeM GAN.D . w r +V -♦-FL�DD �NT.�DL i,.FlTE ' y.�fLMi � • � 9 r oa d� ''�•4� L �;�� � 4�`•eYC•�,v �rmlr•.`�pY, ,�Y//!/OHOUSE Illy/ 51t ti r (P �j Z /G Z/76 CWi /oqL .BLUE lJRL55 7RJM:-fix ,• Y ',' °stt I de C�Ih r" PA C 'gib ; o/ o /!7/DDWMA/S o F/SH L79173P y s ��! Y �i .1 r ,fit fit • YI• v, ,r ,t; _ �r r*' �'v,V ✓�li � r � �' I !DP PU �� Ci7NAG .� q.• .�� .. I Y � _., kOLSE .q•. r 00, F/.SN A7rwavPS KAYf' 6e mr Ne I /l7A.VA6E/l7EA/T V.49AMM. 7pJ ERD QEAc.'H 26M/. —►- .tJ'1JA4t'1Z? —" a TRBeYE BDAT A LFW?M4"' GAS moo, AWN", -az9 o: 43 NOV 7 19 4 BOOK NOV 7 1984 BOOK 58 FA.rE 790 Mr. Schuessler informed the Board that their survey was done on a Tuesday, and the organisms they were looking for are delicate and don't live well in an outside environment. All they looked for were indicator organisms. He stated,that they sampled the whole lake, and in the middle of the lake, which they would consider the purest point, he felt you could drink that water. The B.O.D's are low and the nitrates are low. Re the total coloform count, the State sets a limit of 1,000 colonies per 100 milliliters at shellfish and bathing places. Most of the fingers exceeded that. In a couple of the fingers, the total fecal coloforms, were over 200, which is the limit. Mr. Schuessler stated that he expected higher counts, but they are high and higher than they should be. They will continue to monitor this in the winter season and possibly on the weekends. Chairman Scurlock asked if it is not common to have this where there is pasture land adjacent, and Mr. Schuessler reported that they did sample some of the Holman canal and got high counts there also. Discussion continued at length about the samples gathered at various locations, and it was generally agreed all this just provides further justification for putting in a wastewater plant. Mr. Galanis inquired if he had heard that by virtue of requiring a permit, it has been determined there will be no more building until such time as there is sewage, and Attorney Brandenburg stated that he would meet with Mr. Galanis on this. He believed the Commission has indicated they will not tell Environmental Health what to do, and they will have to make their own decision. REQUEST FROM PURDUES FOR ELECTRICAL HOOKUP AT BLUE CYPRESS The Board reviewed the following letter from Mr. Purdue: 44 October 24, 1984 Mr. Mike Wright County Administrator 1840 25th Street Vero Beach, Florida 32960 Dear Mr. Wright: On October 12, 1984 I contacted your County Attorney, Mr. Gary Brandenberg, in regards to previous discussions held with the County Building and Zoning and State Health Department concerning electrical hook-up on Block 3, Lot 14, of Blue Cypress Lake. Per Mr. Brandenberg, he reviewed all legal documents pertaining to this matter and meet with other county officials advising them that we should be granted an electrical hook-up. On October 19, 1984, Mr. Brandenberg informed us that we should continue satisfying Mrs. Ester Rymer's letter of October 2, 1984. (See attached letter) We have contacted Better Mobile Homes of West Palm Beach and scheduled the installation of the central air and heating unit for Tuesday, October 30, 1984. After my -conversation with you today, October 24, 1984, you have informed me that you do not intend to take the legal advise of your County Attorney, therefore, refusing us electrical hook-up. If you continue to feel that this matter can not be resolved, we are requesting a written denial from your office.immediately. We have invested a great deal of time and money and will continue until this matter is resolved. Yours truly Danny P r ue Administrator Wright stated that he would like to clarify Mr. Purdue's problem. Mr. Purdue is the classic "Catch 22." He tried to play by the rules, and when he came in, we realized the rules need to be changed. Attorney Brandenburg wrote the Commission a letter, earlier made a part of the Minutes, in which he recommended that Mr. Purdue should be grandfathered in based on the reasoning that governmental agencies cannot discriminator- ily apply their laws. The Administrator stated that he did not have any problem with this, but felt such action should be taken by the Commission. Attorney Brandenburg felt that his memo explaining why he felt the Purdues should be allowed electrical hookup was self- explanatory, and he asked that the Board approve their request. 45 BOOK 8 FaGE 791 NOV 71984 BOOK ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously (4-0) approved the request of the Purdues to be allowed electrical hookup of their trailer at Blue Cypress Lake. REQUEST TO DISCUSS BEACH RESTORATION PROJECTS - ZORC 5 r t'r�uF / 92 Frank Zorc came before the Board speaking as the Director of ACT (Aware and Concerned Taxpayers, Inc.) He informed the Board that because of recent communications from the Department of the Army in Washington, D.C., one dated October 11th, and a more recent letter from their Jacksonville office dated October 31st, which indicate that the Corps will not do any more engineering or planning on the project until they receive a firm commitment from the County to pay a share, he felt the Commission might want to consider some discussion on the straw ballot, especially since it seems the cost estimate has become higher. He therefore asked that the Board provide him and the public with their viewpoint on these letters. Chairman Scurlock felt Mr. Zorc's request was initiated by an item on the City Council agenda. It seems there are some new proposals relating not only to the funding formulas, but also to the percentages involved. City Councilman Gary Parris has suggested a joint workshop, and Chairman Scurlock hoped the City would formalize something in writing so there would be something concrete to work with at such a workshop session. He noted that the County Commission always has been willing to discuss this matter, and he felt such a workshop would be the appropriate time to address all the issues, i.e., if we still want the straw ballot and if so when; whether or not the $50,000 would provide any significant new information, etc. The Chairman further noted that if the City became the sponsor and no funds were collected from the unincorporated area, his personal position would be that there would be no need for a ballot from the unincorporated area, 46 � � r and if no money is involved from the county, he personally would support the project. Tentative figures have been submitted that significantly reduce the County's portion, and he believed the community would react favorably to what is now being proposed, but he did not know what we could discuss today that would do anything but cloud the issue. Commissioner Bird agreed we should meet with the City. We are in a partnership situation with them, and he believed it is the next step we should take. Mr. Zorc then reported at length on the telephone conversa- tion he had with Clay Sanders of the Jacksonville office of the Department of the Army and quoted statements made to him over the phone, which he felt made it very clear that nothing further will be done until they receive "an affirmation in writing as to the ability and willingness of the sponsor to cost share." Mr. Zorc emphasized that what Mr. Sanders was talking about was not just the $171,000 - that what they want is the commitment in writing for the County's share of the 4.9 million project. He believed there is sufficient substantial information available now to have the public consider the matter on a straw ballot, but stated that he would agree to giving the voters the option of deciding whether they would be in favor of having the City owners pay a larger share or whether they did not wish to spend anything at all on the project. The Chairman continued to emphasize the need for a joint workshop. ON MOTION by Commissioner Bird, SECONDED by Commissioner Bowman, the Board unanimously (4-0) directed that the Chairman schedule a workshop with the Vero Beach City Council to discuss our partnership situation in the beach renourishment project. 47 NOV 719 BOOK 58 F,Au 793 • BOOR 58 f',{;F 794 RESOLUTION RE ASSESSABLE WATER COLLECTION AND TREATMENT IMPROVEMENTS - SR -60 Attorney Brandenburg explained that this allows the assess- ment of those landowners who have voluntarily agreed to pay impact fees to finance the sewage collection and treatment system out State Road 60. He stated that the Resolution is in order and the preliminary assessment map and roll is in his office. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Wodtke, the Board unanimously (4-0) adopted Resolution 84-96 determining to make certain assessable sewage collection and treatment improvements out SR 60, etc. 48 RESOLUTION NO. 84-96 A RESOLUTION DETERMINING TO MAKE CERTAIN ASSESSABLE SEWAGE COLLECTION AND TREATMENT IMPROVEMENTS IN INDIAN RIVER COUNTY, FLORIDA; ADOPTING THE ASSESSMENT PLAT, PLANS AND SPECIFICATIONS AND ESTIMATE OF COSTS SUBMITTED BY THE ENGINEERS; DETER- MINING TO DEFRAY THE COST THEREOF BY IMPACT FEES SPECIALLY ASSESSED AGAINST THE PROPERTIES BENEFITED THEREBY; AUTH- ORIZING PREPARATION OF AN ASSESSMENT ROLL; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY. COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA (hereinafter called "Board" and "County," respectively) that: SECTION 1. AUTdORITY FOR RESOLUTION. This resolution is adopted pursuant to the provisions of Ordinance No. 83-46 of the County, as amended (hereinafter collectively called "Ordinance"), applicable provisions of Chapter 170, Florida Statutes (1983), and other applicable provisions of law. SECTION 2. FINDINGS. It is hereby found and determined as follows that: A. The County has been approached by a group of land- owners that desire the County to undertake certain sewage collec- tion and treatment improvements for the purpose of advancing cer- tain development projects. The landowners have agreed to volun- tarily submit their lands to assessments for impact fees to finance such improvements. B. It is advisable, desirable and in the best interest of the County to provide for the acquisition and construction of assessable improvements, consisting of a sewage collection and treatment plant adjacent to State Road 60 (hereinafter called "Project") in an unincorporated area of the County, specially benefiting all lots and lands in the area of the County more par- ticularly described in Exhibit A attached hereto. C. The Ordinance authorizes the County to elect to use the assessment procedures therein for the levy and collection of impact fees with respect to the Project, and it is in the best interest of the County to use such procedures in connection with 49 N 0� 1984 Bou 58 P E795 NOV 7 1984 Boa 58 PnE 796 7 the financing of the Project. D. It is in the best interest of the County and the owners of the property to be specially benefitted by the Project that the impact fees be levied on an available sewer equivalent residential unit basi.s for each parcel of property so benefited. E. The engineers have prepared and filed with the Board an assessment plat detailing the area to be assessed, plans and specifications of the project and an estimate of costs thereof. Such estimate of costs includes, in addition to the actual costs of the Project, the incidental expenses set forth in Section 170.03, Florida Statutes. The estimate of costs for the Project is the sum of $5,000,000. A portion of the cost of the project shall be assessed against the properties specially benefited thereby. The engineers have also prepared and filed with the Board a tentative apportionment of the estimated total cost of the Project as between each lot or parcel of land specially benefited. Such apportionment of the estimated total cost has been made for the preliminary assessment roll. The assessment plat, plans and specifications, estimate of costs and tentative apportionment of such estimate of costs are open to public inspection. SECTION 3. APPROVAL OF PROJECT AND ASSESSMENT PLAT. The Project, assessment plat, plans and specifications, estimate of costs of the Project and tentative apportionment of such estimate of costs submitted by the engineers, presently' on file with the Board, are hereby adopted and approved. SECTION 4. SPECIAL ASSESSMENTS FOR IMPACT FEES. The special assessments for impact fees to be levied against the properties specially benefited from the Project may be paid in case in not exceeding 10 equal yearly installments with interest at a rate not to exceed 1% above the interest rate on the bonds or notes, as the case may be, to be issued to finance -the cost of the Project. If the special assessments for impact fees are not paid when due, there shall be added a penalty at the rate of 1% per month until paid: provided, however, that such assessments 50 may be prepaid at any time within 30 days after the Project is completed and a resolution accepting the same has been adopted by the board, but such prepaid assessments for impact fees shall bear interest at the rate borne by the bonds or the notes, as the case may be, described above, and shall include, if deemed necessary by the Board, a prepayment fee not to exceed the appli- cable redemption premium, if any, for such notes or bonds, as the case may be, if they were to be redeemed on the next available redemption date. The impact fees shall be levied against such benefited properties on an available water and sewer tap basis. Any special assessment 'liens upon benefited properties, resulting from impact fees levied in accordance with the provisions of this resolution, shall be extinguished upon the recording by the Board in the Official Records of the County, an affidavit or affidavits executed by the Chairman of the Board to the effect that suf- ficient security has been deposited with the County in order to insure timely payment of the amounts of such impact fees or the instalments thereof, as the case may be. SECTION 5. COLLECTION OF IMPACT FEES. The impact fees as finally determined and adjusted, and all installments thereof, shall be collected by the Tax Collector of. the County. SECTION 6. ASSESSMENT ROLL. Upon adoption of this resolution, the Clerk of the Board, as assisted by the County Attorney and engineers for the County, shall cause an assessment roll to be prepared, published and considered in public hearing as required by Sections 170.06, 17U.07 and 170.08, Florida Statutes. SECTION 7. FINAL DETERMINATION OF IMPACT FEE ASSESSMENTS. Upon completion of the Project, the Board shall adopt a resolution finally assessing the costs of the Project based upon the actual costs thereof, but in no event shall the final impact fee assessments exceed the amount of benefits origi- nally assessed. SECTION 8. PUBLICATION OF RESOLUTION. The Clerk of the 51 BOOK 58 F, -JE 1 97 BOOK 58 PfAU,F 79$ Board is directed to cause this resolution to be published once each week for 'l consecutive weeks in a newspaper of general cir- culation in the County. SECTION 9. EFFECTIVE DATE. This resolution shall become effective immediately upon its adoption. The foregoing resolution was offered by Commissioner Bowman who moved its adoption. The motion was seconded by Commissioner Wodtke and, upon being put to a vote, the vote was as follows: Don C. Scurlock, Jr., Chairman Aye Margaret C. Bowman Aye Richard N. Bird Aye William C. Wodtke, Jr. Aye Patrick B. Lyons Absent The Chairman thereupon declared the resolution duly passed and adopted this 7th day of November , 1984. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By G DUN . SCURLU K, JR. Chairman ' Attest: r'REDA WRIGHT, Werk ' n APPROVED'_!y'�FORM AND LEGAL SU 'IC NCY i7 _7 By 9Yj3RANDEN6 unt Attorney PRELIMINARY ASSESSMENT ROLL, MAPS, DESCRIPTIONS, ETC., ARE ON FILE IN THE OFFICE OF THE CLERK. 52 SOUTH COUNTY FIRE The Board of County Commissioners thereupon recessed at 10:55 o'clock A.M. in order that they might convene as the District Board of Fire Commissioners of the South Indian River County Fire District. Those Minutes are being prepared separately. APPOINTMENT TO EMERGENCY FOOD AND SHELTER NATIONAL BOARD The Board reviewed the following letter written to Commissioner Bird by United Way: 984 ecel vea COUNTY '='oftlssloNi� III Dick Bird Board of County Cmmissioners 1840 25th Street Vero Beach, FL 32960 Dear Cmmissioner Bird, DIST:ICUTION LIST Adrn: i:;• uator At'torrsey _ Peo-cm gel Publ;c Works Com: nuni ty Dev. Utilities Finance Other=x-- United Way of Indian River County P.O. Box 1960 Suite 313, 2001 Building 20019th Avenue Vero Beach, Florida 32960 Phone (305) 567-8900 October 22, 1984 United Way has recently been advised by the Emergency Food and Shelter National Board of the Federal Emergency Management office that Indian River County has qualified for $33,238 in funds. The funds are specifically for food, shelter, and utility payments for the unemployed in our county. From January through May of this year United Way successfully administered almost $25,000 in Emergency Food and Shelter funds. In applying for the funds we are required to inform local goverrment and request a representative to the local board be appointed by the Cc nission. During our last grant period Commissioner Bouanan served on the board. We would be happy to have her serve again or if someone else is interested we would be happy to have them. A large amount of the funds went to serve the constituents in Ccmnissioner Bowman's District. Funds should be available by mid-November.' Newspaper and radio publicity will appear at that time. If you have questions about this program please feel free to call me. xe�y, lit / L/ Fairclo itive Director 53 BOOK 8 P,,F 799 BOOK 58 F';E8i() Commissioner Wodtke asked about utility payments, and Admin- istrator Wright explained that the state makes certain money available to be used for utility bills where people can't afford to pay them. Commissioner Wodtke wished to know if this is coordinated with our Welfare Department, and the Administrator did not know. Commissioner Bowman stated that she would be willing to serve again. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously (4-0) appointed Commissioner Bowman to serve as the Commission's representative on the Emergency Food and Shelter National Board. VACANCY ON MOBILE HOME ADVISORY BOARD The Board reviewed staff memo as follows: TO: County Commissioners DATE: October 31, 1984 FILE: SUBJECT: Vacancy on Mobile Home Advisory Board FROM: Alice E. White REFERENCES: John Brondell was a member of the Mobile Home Advisory Board representing the mobile home park owner/manager segment of the community. Mr. Brondell has sold his mobile home park, and has not purchased another one. He has also missed six (6) meetings in the past 12 -month period. Inasmuch as Mr. Brondell is no longer eligible to serve on the Mobile Home Advisory Board, the other Board members have asked for his resignation. It is requested that the vacancy on the Board be advertised, and another mobile home park owner/manager be appointed. 54 ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously (4-0) authorized staff to advertise for someone to fill the mobile park owner/manager slot on the Mobile Home Advisory Board. DISCUSSION RE COMMISSION MEETING ON DECEMBER 26th In discussion the Board members generally agreed that they could foresee no emergency that would require a Commission meeting on December 26, 1984. Administrator Wright noted that both Christmas and New Year's Day are on Tuesdays; he believed we would be functioning with only a skeleton staff on the preceding Mondays, and asked if the Board did not feel we could close down on those days. Commissioner Bird stated that the Board set a holiday schedule at the beginning of the year, and he was not willing to change it. Commissioner Wodtke agreed and did not feel the Adminis- tration Building should be closed four days at a time two weeks in a row. The Administrator noted that many employees have worked out vacations around those days. Commissioner Bowman felt that nothing will be done on those days, and asked if we can't operate with a skeleton crew. Chairman Scurlock did not feel it has to be a skeleton crew. Administrator Wright stated that he would work something out, possibly with some off on Christmas Eve and others on New Year's Eve. DISCUSSION RE CLAMMING ACTIVITY IN THE RIVER Chairman Scurlock referred to the following memo from Commissioner Lyons: 55 BOOK F";E j NOV 7 1984 BOOK 58 pm E ®0? TO: County Commissioners DATE: November 2, 1984 FILE: Administrator Attorney SUBJECT: Clamming activity in the Indian River FROM: Patrick B. Lyons REFERENCES: Vice Chairman There is no question in my mind that we need to have better control of this unbridled clamming activity which is occurring in the North part of the County. I plan to ask for an item to be added to the agenda. I want to ask the Commission to request the State to put a moratorium on clamming until a proper management plan can be worked out. The Chairman stated that he is not really knowledgeable about this subject, but it appears an armada of clammers has descended on Brevard County and is depleting the clam banks. He would like to find a way to stop this wholesale depletion and set up something reasonable. Commissioner Bird believed that these clammers are com- pletely depleting the resource, but he did not know what jurisdiction we have over Brevard County waters. He did feel, however, that this does have an ecological effect on Indian River County and possibly we could draft something to State Representa- tive Dale Patchett and ask for some emergency legislation. Chairman Scurlock felt when the clammers deplete that area, they will move on to Indian River County waters. Commissioner Wodtke agreed and noted that in some of our areas, they will have to cross the grass beds in the river. Attorney Brandenburg stated that the Board certainly can suggest legislation, and he will investigate to see if there is any way we can prevent this activity in our own waters. Chairman Scurlock believed we can protect the aquatic beds. Commissioner Bowman noted that there are no shell fish or oysters in grass beds, and that is why the amateur is dangerous because 56 they do not know this and they dig up the grass beds. This is a problem on the west coast of Florida also, and she believed we should bring this uncontrolled activity to the attention of the State Department of Natural Resources. Commissioner Wodtke suggested that Attorney Brandenburg contact the Attorney for Brevard County, and the Chairman directed staff to take appropriate action. 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. 13476 - 13707 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 11:10 o'clock A.M. Attest: 1 Clerk / G Chairman 57 Q OV 719%4 BOOK 58 PW.; 813