HomeMy WebLinkAbout2/27/1985Wednesday, February 27, 1985
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, February 27, 1985, at 9:00 o'clock A.M.
Present were Patrick B. Lyons, Chairman; Don C. Scurlock,
Jr., Vice Chairman; Richard N. Bird; and Margaret C. Bowman.
Commissioner William C. Wodtke, Jr. entered the meeting at
9:05 o'clock A.M. Also present were Michael J. Wright,
County Administrator; Gary Brandenburg, Attorney to the
Board of County Commissioners; L.S. "Tommy" Thomas,
Intergovernmental Relations Director; Jeffrey K. Barton, OMB
Director; and Barbara Bonnah, Deputy Clerk.
The Chairman called the meeting to order and
Commissioner Bird led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA
Administrator Wright requested a postponement of Item
6I - Approval of G & A Charges for South Beach Water Project
- and Item 6L - Agreement between WTVX and County. He also
requested the addition to today's Agenda of a discussion re
the purchase of the Southern Bell building.
Chairman Lyons announced that Item 11 - Discussion re --
lease payments for St. Francis Manor - has been postponed
until the meeting of March 13th at the request of Frank L.
Zorc.
Attorney Brandenburg requested the addition to today's
Agenda of a discussion re Florida Health Center's deed to
the Douglas Elementary School.
BOOK 0 FAGE 01FEE 2'7 195
BOOK 60 FAGE
Chairman Lyons requested the addition to today's Agenda
for authorization for himself and Attorney Brandenburg to
travel to Palatka, Florida, re the closing of the Fellsmere
Grade road.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously (4-0,
Commissioner Wodtke being temporarily delayed)
added and postponed the above items in today's
Agenda.
APPROVAL OF MINUTES
The Chairman asked if there were any corrections or
additions to the Minutes of the Regular Meeting of January
23, 1985. There were none.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously (4-0,
Commissioner Wodtke being temporarily delayed)
approved the Minutes of the Regular Meeting of
1/23/85, as written.
The Chairman asked if there were any corrections or
additions to the Minutes of the Special Meeting of February
5, 1985. There were none.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously (4-0,
Commissioner Wodtke being temporarily delayed)
approved the Minutes of the Regular Meeting of
2/5/85, as written.
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2
CLERK TO THE BOARD
A. Application for Permit to Carry a Concealed Firearm
The Board reviewed the following memo dated 2/15/85:
TO: The Honorable Members of DATE: February 15, 1985 FILE:
the Board of County Commissioners
SUBJECT: Pistol Permit - New
FROM: Michael Wright REFERENCES:
County Administrator
The following named person has applied to the Clerk's Office
for a pistol permit:
David E. Luke
All requirements of the ordinance have been met and are in
order.
0
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously (4-0,
Commissioner Wodtke being temporarily delayed)
issued a permit to carry a concealed firearm to
David E. Luke.
CONSENT AGENDA
Commissioner Wodtke entered the meeting at 9:05 A.M.
A. & B Reports
Received and placed on file in the Office of the Clerk:
Traffic Violation Bureau, Special Trust Fund
Month of January, 1985 -- $65,679.65
Traffic Fines by Name - January, 1985
3
FEB2 7 1985 Boos DU PAGE U3
FEB 27 1985
BOOK
00
FnF.
04
C. Proclamation designating February
25 through
March
3,
and .
1985 as Stop Child Abuse Week
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously issued
the following proclamation designating February 25
through March 3, 1985 as Stop Child Abuse Week.
P R O C L A M A T I O N
WHEREAS, the incidence and prevalence of child abuse and neglect
have reached alarming proportions in the United States;
and
WHEREAS, an estimated two million children become victims of
child abuse in this Nation each year; and
WHEREAS, an estimated five thousand of these children die as a
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By:
. e4 K L ; e PATRICK B. YONS �CHA RMAN
ATTEST:
FREDA WRIGHT, (;LERK
4
result of such abuse each year; and
r WHEREAS,
the Nation faces a continuing need to support
innovative programs to prevent child abuse and assist
parents and family members in which child abuse occurs;
and .
WHEREAS,
Congress has expressed its commitment to seeking and
applying solutions to this problem by enacting the
Child Abuse Prevention and Treatment Act of 1974; and
WHEREAS,
.it is appropriate to focus the Nation's attention upon
the problem of child abuse;.and
WHEREAS,
one of the most effective means of reducing child
abuse is through public education and encouraging the
report of suspected abuse; and ;;�
WHEREAS,
the Fourth District Advertising Federation, The Child
'r.
Advocacy Board and the Governor's Constituency for
Children will be sponsoring "Stop Child Abuse in
South Florida";
NOW, THEREFORE, BE IT PROCLAIMED by the Board of County
�.
Commissioners of Indian River County that the week of
February 25, 1985 through March 3, 1985 be designated
as "Stop Child Abuse Week" and urge all citizens of
Indian River County to observe the week with
appropriate programs.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By:
. e4 K L ; e PATRICK B. YONS �CHA RMAN
ATTEST:
FREDA WRIGHT, (;LERK
4
D. Proclamation designating March, 1985 as Lions Eye
Bank Month
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously issued
the following proclamation designating March, 1985
as Lions Eye Bank Month.
0
PROCLAMATION
WHEREAS, sight is among the most treasured of mankind's
five senses; and
ht is most difficult for which
WHEREAS, the loss of si�
to compensate; and
WHEREAS, modern surgical science makes it possible to
bequeath one of the most precious gifts of all --the gift of
sight; and
WHEREAS, in order to keep this great humanitarian
work operative, it is necessary to have public endorsement
through participation in the eye bank program; and
WHEREAS, donor participation is encouraged through
increased public education attendant to the annual month
dedicated for this purpose;
NOW THEREFORE, BE IT PROCLAIMED by the BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that March, 1985 be
observed as
LIONS EYE BANK MONTH.
r. BE IT FURTHER PROCLAIMED that the Board wholeheartedly
.urges all citizens to consider the great gift they can bequeath
to other human beings by becoming a donor in this commendable
program.
Attest:
4redJa-Warigh� �C rk
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
BB. "��1+
PATRICK LYONS, RMAN
5
BOOK 6® PAGE 05
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BOOK 60 PAGE 0
E. Budget Amendment - Security Lights at Fairgrounds
The Board reviewed the following memo dated 2/18/85:
TO: Board of County a amissioners DATE: February 18, 1985 FILE:
SUBJECT: Security Lights at Fairgrounds
FROM: Jeffrey Barton, REFERENCES:
At the meeting of Decenber 12, 1984, it was approved by the Board to fund the
lights for the Fairgrounds from the General Fund Contingency. The following
budget amendment is to allocate the funds anticipated for the remainder of
this fiscal year.
Account Title Account No. Increase Decrease
Electric Services 001-210-572-34.31 850
Reserve for Contingency 001-199-581-99.91 850
Balance in Gen. Fund dont.
$315,943 as of 2/11/85
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously
approved the above budget amendment, as
recommended by OMB Director Barton.
F. Budget Amendment, West County Fire District
The Board reviewed the following memo dated 2/15/85:
TO: Board of County Cammissioners DATE: February 15, 1985 FILE:
SUBJECT: west county Fire District
FROM: Jeffrey K. Barton, REFERENCES:
CMB Director
The following budget amendment is to allocate fund for the commission & fees account
as they are greater than anticipated at budget preparations:
Account Title
Commissions & Fees
Cash Fwd -Sept 30
Cash FWd-Sept 30
$2,450
Account No.
116-104-522-99.94
116-104-522-99.92
31
Increase
700
Decrease
700
W W W
W
a
W
W
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously
approved the above budget amendment, as
recommended by OMB Director Barton.
G. Budget Amendment - 16th Street Construction Fund
The Board reviewed the following memo dated 2/14/85:
TO: Board of county c mni.ssicners DATE: Februazy 14, 1985 FILE:
SUBJECT: 16th street Construction Fina
FROM: Jeffrey K. Barton, REFERENCES: _-
aM Director
The follaAng budget amendment is to re-establish the budget for the 16th Street
Construction Fund for this fiscal .year:
Account Title
Fund Transfers In
Other Professional Services
Other Road Materials/Supplies
0
Account No.
307-000-381-20.00
307-214-541-33.19
307-214-541-35.39
Increase Decrease
658,000
8,000
650,000
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously
approved the above budget amendment, as
recommended by OMB Director Barton.
H. Budget Amendment - Indian River Boulevard Extension
The Board reviewed the following memo dated 2/15/85:
7
BOOK 60 PAGE 07
F,
TO:Board of county Cam-LiSsioners
C?
FROM: Jeffrey K. Barton,
CMB Director
BOOK O PAGE O
DATE: February 15, 1985 FILE:
SUBJECT: Indian River Blvd. Extension
REFERENCES:
The following budget amendment is to re-establish the budget for the Indian River
Boulevard Extension fund for this fiscal year.
Account Title Account No.
Fund Transfers In 304-000-381-20.00
Engineering Services 304-214-541-33.13
Other Prof. Services 304-214-541-33.19
Other Road Matr/ Supply 304-214-541-35.39
Increase
111,225
96,225
10,000
5,000
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously
approved the above budget amendment, as
recommended by OMB Director Barton.
J. Agreement between County & Rehabilitation Hospital
Services, Inc. for temporary wastewater capacity transfer at
hospital node
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously
approved the following agreement and authorized
the Chairman's signature.
8
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7-7
L ---.i
WASTEWATER SERVICE AGREEMENT
THIS AGREEMENT made this 27th day of February ,
1985, by and between INDIAN RIVER COUNTY, a political subdivision
of the State of Florida, hereinafter referred to as "County," and
REHABILITATION HOSPITAL SERVICES, INC., a Florida corporation,
hereinafter referred to as "Customer."
W I T N E S S E T H
WHEREAS, the City of Vero Beach and County entered into
a temporary wastewater capacity transfer agreement on the 6th day
of July, 1984, transferring 100,000 gallons per day of wastewater
capacity from the South County Mainland wastewater service
territory to the County's Hospital Node; and
WHEREAS, Customer is constructing a Rehabilitation
Hospital on property within the Hospital Node in the water and
sewer service area of the County and is in need of sewer service;
and
WHEREAS, the County is not in a position, at this time,
to supply sewer service to Customer, and desires to prevent the
proliferation of private package wastewater treatment plants; and
WHEREAS, Customer and County desire that the City
service Customer with a limited amount of sewer service on a
temporary basis; and
WHEREAS, it is now the intention of the County to
formally authorize the use of a portion of the temporary
wastewater capacity, under the following terms and conditions:
The parties agree as follows;
1. It is understood between the parties that this is a
12,000 G/P/D temporary allocation of wastewater capacity, and
County does not represent that County, City or any other facility
will be available for Customer for permanent service to the site.
Consequently, County will require Customer to provide assurances
of its ability to construct and operate a private wastewater
facility, pursuant to applicable laws and ordinances.
2. Customer has site planned a wastewater treatment
plant and agrees to construct and operate the facility in
accordance with all applicable laws in the event the temporary
FEB 2 7 1985 BOOK 60 Pace 09
FES' 71985
y
BOOK 60 PAGE 10
allocation provided by this Agreement through the City's
wastewater treatment facilities lapses.
3. This temporary service authorization shall lapse 18
months after County has notified Customer of its intention to
cease the temporary allocation. Upon receipt of such notice,
Customer shall immediately begin the construction of a private
wastewater facility under applicable laws. To guarantee this
facility is constructed, Customer has, concurrently with this
Agreement, provided the County with a performance bond in the
amount of $75,000.00, or such other security as approved by the
County Attorney. The condition of this surety will state that in
the event the County gives notice of lapse of the temporary
allocation and Customer has not thereafter commenced construction
of a private wastewater facility or made other arrangements for
service within eight months, then County shall have the right to
call upon the bond and construct the facility on Customer's
property as shown on Customer's site plan.
4. Customer agrees and understands that the County
intends to ultimately construct a wastewater facility to service
the area. County is unsure of the timing, the extent or the
location of said plant at this time. In the event wastewater
capacity becomes available from County resources, then Customer
agrees to disconnect its temporary service and connect into the
County system within 60 days of receiving such notice from County
in accordance with all applicable County ordinances and policies;
and agrees to pay any applicable impact fee, connection fees and
other costs established by County.
WHEREFORE, the parties have authorized their
representatives to execute this Contract, on the date set forth
next to their signatures.
REHABILITATION HOSPITAL
SERVIS INC.
Dated s
y
V +� President
BOARD OF COUNTY COMMISSIONERS
Dated February 27, 1985 INDIANN, �R COUNTY, 'LO}tIDA
// __ _.-
By
Approve;) as atrick B. Ly ns
rm Chairman
and legal ricienc,
ATTEST: �" t
�y -2- Freda Wright,r
Y ��• Br ndenburg
u�Aftorney
K. Round Island Dock Contract Change Request
The Board reviewed the following memo dated 2/20/85:
TO: The Board of County DATE: February 20, 19 851 LE:
Commissioners
SUBJECT: ROUND ISLAND DOCK CONTRACT
CHANGE REQUEST - REDUCTION
OF INSURANCE COVERAGE
LIMITATIONS BY JOHN
HAMILTON
FROM:Christopler J. Paull REFERENCES:
Assistant County Attorney
Mr. John Hamilton of John Hamilton and Sons, Inc., has requested
that the County agree to an amendment to the contractor insurance
specifications in the previously awarded contract for construction
of the Round Island County Park docks. A copy of the original
coverage requirements is attached hereto. Mr. Hamilton is request-
ing to reduce the aggregate coverage under both comprehensive
general liability and automobile liability from $1,000,000.00 to
$500,000.00.
Given the dollar amount of the contract ($15,252.00), this office
acknowledges that the premiums for the specified coverages may
excessive and recommends that the Board approve a reduction in the
aggregate -coverage as requested by Mr. Hamilton. It -is not felt
that the change will increase the County's risk to any significant_
degree for this type of project.
REQUESTED MOTION: That the Board approve and authorize a change
order to the John Hamilton and Sons, Inc. contract for the con-
struction of the Round Island County Park docks in order to reduce
the specified insurance aggregate coverages from $1,000,000.00 to
$500,000.00 for both general comprehensive and automobile liability
coverages.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously
approved the change order reducing the insurance
coverage required of John Hamilton and Sons, Inc.
from $1 -million to $.5 -million for the
construction of the Round Island County Park
docks.
DISCUSSION RE COUNTY'S PURCHASE OF SOUTHERN BELL BUILDING
Attorney Brandenburg distributed copies of the proposed
contract that was negotiated during the last week, and
explained that trustees David R. Langfitt and Edgar L.
11 BOOK 60 PAGE
FEB 2.7 INS
FEB 2 7 1985 . BOOK 00 PnE 12
Schlitt each represent 1/2 of the divided interests in the
property. The purchase price of the building is $1,350,000
and the contract, as currently written, provides that the
County is to pay $400,000 at closing and has the option of
either assuming a mortgage held by 1st Bankers at 7h% or
taking out a mortgage at that time with the County giving
the seller a promissory note at closing with the remainder
of payment due within 120 days of closing. Attorney
Brandenburg explained that the purpose of the 120 -day period
is to allow the County to produce a revenue bond issue that
will be used to finance the purchase of this building and
possibly some other capital improvements that the County has
in mind. He noted two special conditions in the contract:
1) An MAI appraisal is to be made, and if the appraisal
does not come in at an amount at least equal to the purchase
price, the County would have the option of canceling the
contract.
2) The County is to hire a structural engineer to review
the building to determine if there are any major structural
faults.
Attorney Brandenburg understood, however, that this has
already occurred and that General Services Director Sonny
Dean is in a position to indicate to the Board that there
are no major structural faults in the building. The second
special condition, therefore, could be deleted from the
contract if desired.
Attorney Brandenburg advised that one of the trusts
have asked whether they would be entitled to interest on the
remaining balance of the purchase price for which they have
agreed to take a note for 120 days. In addition, the
trustees are concerned about signing the contract with
today's date with the special condition allowing the County
an out if the appraisal comes in lower than the purchase
price. The County Attorney recommended that after the
12
matter of interest on the 120 -day period is resolved, that
the Board execute the contract today and set a limit of a
week to 10 days for acceptance. He believed this would give
the seller the opportunity to assure themselves of what the
appraisal will be and determine whether they want to sign
the contract or not. It also would allow the County to know
within 10 days whether to proceed with this building or
acquire properties elsewhere on which to build a structure.
Chairman Lyons asked if we are in a position to finance
this purchase, and Commissioner Scurlock, Chairman of the
Finance Advisory Committee, explained that there are a
variety of options. One of the problems is that all of
these issues are related and it is almost impossible to look
at this particular piece of property by itself because we
will be looking for secondary pledges of revenues. He
believed that it would be 45-60 days before the Finance
Advisory Committee would have the package together to bring
it before the Board.
Chairman Lyons asked if that timeframe would be
sufficient.
Administrator Wright advised that though it may strip
all the reserves, the Board has the ability to pay for the
building out of the reserves with the understanding that
they will be replaced through a bond issue. In any event,
we must receive proceeds from a note within 180 days, before
the end of the fiscal year.
Commissioner Bird also questioned if the 120 -day
timetable is realistic without having to go to the reserves,
and Attorney Brandenburg stated that while the timeframe
was tight, there wasn't any question in his mind that we
could place a bond issue within 120 days -- all we would
have to do is identify the source of revenue. He also felt
the Finance Advisory Committee's 60 -day timeframe was
sufficient.
13
FEB 2 7 1985 BOOK GO wu 1
FEB 2 7 1995 BooK 60 F,mLF 1
Ed Schlitt, 4747 Pebble Bay Circle, representing
investors who have 50% ownership interest in this property,
did not feel there would be a problem with the timetable. He
believed that the negotiator on this contract was trying
primarily to keep that time limited in hopes of being able
to get by without any interest payments on the period
between the closing date and the date the additional funds
• are to be received; the problem came up because the
investors feel that some interest is due. Mr. Schlitt felt
this could be resolved within the next 10 days, and exactly
what interest would be agreeable would depend upon whether
or not it is tax free.
OMB Director Jeff Barton advised that it could be
structured to be tax free.
Commissioner Wodtke suggested that 5% tax free interest
be paid for 60 days.
A Motion was made by Commissioner Scurlock to authorize
the Chairman to execute the contract with the acceptance of
the contract within 30 days.
Second.
The Motion died for lack of a
Commissioner Scurlock felt that the question of
interest was going to have to be negotiated as he understood
that Mr. Schlitt would have to take a proposal back to the
investors, but Chairman Lyons felt we should make the
proposal now.
Commissioner Bird suggested extending the timeframe for
paying the balance of the purchase price to 150 days, with
the first 60 days being interest free and the remaining 90
days at 5h% tax free interest.
Attorney Brandenburg felt that a 30 -day period is too
long for the County to have an open contract; he proposed
that they require acceptance of the contract within 10 days.
If the investors cannot decide to accept the contract during
that time, they can always come back and ask the County for
14
extra time. The County Attorney pointed out that we have
certain responsibilities to Southern Bell and he did not
feel they would wait 30 days to determine what is going to
happen with their leasehold.
Mr. Schlitt believed that 10 days would be adequate.
MOTION WAS MADE by Commissioner Scurlock, SECONDED
by Commissioner Bowman, that the Board authorize
the Chairman to execute the contract within 10
days if accepted, with the understanding that the
first 60 days of the 150 days will be interest
free; the remaining 90 days to be at 5h%
tax free interest.
Chairman Lyons understood then that if the proposal is
accepted, he would be authorized to sign the contract and
convey it over.
Attorney Brandenburg pointed out that another parking
lot is included with this building, which is on a 15 -year
lease. He asked Messrs. Schlitt and Langfitt if the rights
on that parking lot are to be extinguished when the Southern
Bell lease is bought out.
Mr. Schlitt advised they had indicated to Southern Bell
that particular unpaved lot could be used for overflow
parking, and they did not object to it being used for
overflow parking by the County.
Attorney Brandenburg felt that if this parking is to be
considered under the appraisal, the County should have the
contractual right to park there for the next 15 years.
Mr. Schlitt stated that he could assure the County that
no structure would be built there in the future and parking
would be allowed.
Attorney Brandenburg recommended that this not be
included in the contract.
15
FEB27 1995
BOOK 1
FEB 2 7 1985 BOOK 60 PAGE 1-6
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
was voted on and carried unanimously.
PROCLAMATION - HARRY L. IBACH, JR.
Chairman Lyons read aloud the following proclamation
and presented it to Lois Cappelen, who accepted it in behalf
of her father who died Saturday night. She informed the
Board that her father had known this proclamation was to be
awarded today and had asked her to tell the Board that "he
didn't do it alone." Approximately 30 friends, relatives
and co -volunteers were in attendance to pay tribute to Mr.
Ibach.
16
P R O C L A M A T I O N
WHEREAS, Harry L. Ibach, Jr. has continuously served the
citizens of Indian River County in several volunteer capacities
since 1948; and
WHEREAS, Harry L. Ibach, Jr. was a founder and has been
a continuous member of the Doghouse C. B.'ers, Inc., a non-profit
volunteer organization dedicated to the service of the citizens of
Indian River County and affiliated with the Indian River County
Emergency Management Department since 1964; and
WHEREAS, due in great part to the dedicated leadership
and outstanding efforts .of Harry L. Ibach, Jr., the Doghouse
C. B.'ers continue to perform valuable services to the community
in times of danger by their participation in all phases of the
Emergency Management Department's work in the protection of the
citizens of Indian River County;�and
WHEREAS, Harry L. Ibach, Jr. is also presently serving
in a volunteer capacity as Assistant Communications Officer for.
the Department of Emergency Management;.and
WHEREAS, Harry L. Ibach, Jr. has served with distinction
during several disaster -and emergency situations endangering
life and property in Indian River County, working long and arduous'
hours until safety.was restored; and
WHEREAS, Harry L. Ibach, Jr. has always been willing to
answer any call for assistance,when the safety of his community is
at stake; and
WHEREAS, Harry L. Ibach's devotion to his fellow
citizens exemplifies the highest standards of public service.
NOW THEREFORE, _ on behalf of itself and all the citizens
of Indian River County BE IT PROCLAIMED THAT THE BOARD OF COUNTY
COMMISSIONERS hereby expresses their sincere appreciation to
HARRY L. IBACH, JR. for his many years of dedicated and exemplary
service to.the citizens of Indian River County.
BOARD OF
INDIAW-9
ATRICK B:
Chairman
COMMISSIONERS OF
NTY_, FLORIDA
4.
� l
Attest v- ��,1
7� cji-P
FREDA WRIGHT
17 Clerk
Boa 60 FAGE 17
FEB 27 1985
BOOK
ADMINISTRATION BUILDING, FIRST FLOOR CONFERENCE ROOM
RENOVATION
60 F,cF I
General Services Director Sonny Dean reviewed the
following memos dated 2/19/85 and 2/27/85:
TO: The Honorable Members of
the Board of County
Commissioners
THRU: Michael Wright
County Administrator
H. T. "Sonny" ean..
FROM: Director
General Ser ices
DATE: February 19, 198-3:
SUBJECT: Administration Building
First Floor Conference Room
Renovation
REFERENCES:
As requested, plans are complete to move the subject conference room
from its existing location and renovate that space for four (4)
offices to be used by the Board of County Commissioners. The
conference room will be located in the area which is presently
occupied by Mr. Gene Morris for storage. His storage will be moved
to an area that is presently shared by several other departments for
storage purposes. This will be accomplished by organizing and
systematizing the area for maximum use of -the available space.
Since this major renovation project was not budgeted for, it is
requested that the Board appropriate up to $18,000 to accomplish this
work. All labor will be performed by the Building Operations
Department.
There is presently $38,000 in the Federal Revenue Sharing Contingency
Fund from which this money could be taken.
TO: Board of County cm nissioners DATE: February 27, 1985 FILE:
FROM: Jeffrey K. Bartan,
CMB Director
SUBJECT: ,Alterations - A& n; strati. Bldg.
REFERENCES:
The following budget amexIment is to allocate the funds to do the renovations on
the Ccffmi.ssicners office and conference roan:
Account Title
Other Imp -except Bldg.
Reserve For Contingencies
Balance in FRS Reserve
$38,849.
Account No.
102-220-519-66.39
102-199-581-99.91
r
18
Tnr mama
18,000
18,000
Commissioner Scurlock noted that the present location
of the Conference Room makes it difficult for the
secretaries to work because of the people filing through and
there is also the problem of finding an empty office to use
when a Commissioner has an appointment with a constituent.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously
authorized the above renovation project and
approved the above budget amendment, appropriating
$18,000 from the Federal Revenue Sharing
Contingency Fund to accomplish this work.
AUTHORIZATION FOR OUT -OF -COUNTY TRAVEL
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird,, the Board unanimously
authorized out -of -County travel for Chairman Lyons
and Attorney Brandenburg to travel to Palatka,
Florida, regarding the closing of the Fellsmere
Grade road.
LAND CLEARING VIOLATION - GARY MEOLA
The Board reviewed the following memo dated 2/15/85:
TO: The Honorable Members DATE: February 15, 1985 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE: Land Clearing Violation
Mr. Gary Meola
SUBJECT:
Robert M. Keating, AICP
Planning & Develop nt i ector
FRO
4rt Challacombe REFERENCES:
Chief, Environmental Planning
It is requested that the data presented herein be given formal
consideration by the Board of County Commissioners at their
regular meeting on February 27, 1985.
19
FEB 27 1985 BOOK 60 PA,, 19
FEB 2.7 1985 BOOK 60 mn 20
DESCRIPTION & CONDITIONS:
On January 21, 1985, County staff observed that a .93 acre site
located at 5275 85th Street (CR510) had been cleared prior to the
issuance of a land clearing permit. The parcel is currently
owned by Mr. Gary Meola, and is zoned C-2, Heavy Commercial
District. At this time, a formal application to the County for
development of the property has not been submitted. Upon
inspection of the subject property, staff contacted both Mr.
Meola and the landclearing company, Staski Enterprises, and
advised them to cease all further land clearing activities on the
site.
ALTERNATIVES & ANALYSIS:
Section 23)2--6(b), Tree Protection, of the Code of Laws and
Ordinances of Indian River County, Florida prohibits the
performance of any land clearing or grubbing unless a
land clearing permit has first been issued by the County. The
ordinance further specifies that a violation of this provision
shall be punishable upon conviction by a fine not to exceed
five hundred dollars ($500) or by imprisonment in the County
jail for up to sixty (60) days, or both.
On January 31, 1985, staff requested that Mr. Meola submit a
voluntary payment of the $500.00 fine and obtain an -
"after -the -fact" permit in order to continue the work. As of
February 13, 1985, a positive response to this request has not
been received from Mr. Meola.
STAFF RECOMMENDATION:
Staff recommends that the Board of County Commissioners grant
staff the authorization to pursue available remedies in County
court.
Art Challacombe, Chief of Environmental Planning,
presented staff's recommendation that staff be granted the
authorization to pursue available remedies in County Court.
He explained that Gary Meola had cleared the area without
obtaining a land clearing permit and was issued a $500 fine.
Mr. Meola felt the fine was rather high and requested the
opportunity to discuss this before the Board.
Mr. Meola explained that the subject property was in
high grass and through the years people have backed up their
vehicles there and dumped loads of all sorts; therefore, he
asked Staski Enterprises, a land clearing company, to clear
the land. The clearing consisted of cutting down the high
grass and the removal of the junk, three orange trees and
20
one orchid tree. He advised that he was unaware at that
time that the orchid tree was a protected species, and was
also unaware that he had to obtain a land clearing permit.
Mr. Meola agreed that he was in violation of the tree
protection ordinance, but felt the $500 fine was extreme.
He noted that there are many trees left on the property such
as Washingtonian and Queen palms.
Chairman Lyons could not understand why Staski
Enterprises did not know a land clearing permit was required
and that certain trees are protected according to ordinance.
Mr. Staski explained that he felt he had been called in
mainly to clean up the property, which included removing old
septic tanks and hot water heaters. He admitted that three
orange trees were removed, but pointed out that they were
not in good condition.
Attorney Brandenburg advised that staff is not trying
to impose a fine because the trees were removed, but because
a permit was not obtained. The County did not have the
opportunity to check out that property to see what protected
trees were there. He reminded the Board of the decision at
the last meeting where they set policy for strict
enforcement of these violations, and that is why they are
here today.
Commissioner Wodtke felt that the Board should consider
the severity of the violation since the ordinance calls for
a $500 fine or an imprisonment of up to 60 days, or both.
Attorney Brandenburg stated that the reason staff asked
the Board to decide the County's position on the $500 fine
was to get the message across that people must get a permit
to clear land.
Commissioner Bowman advised that an orchid tree is an
exotic tree, not a protected tree, and Director Keating
noted that trees have to be of a certain diameter to be
protected.
21
FEB 42 7 1985
BOOK 60 mr 49.101
FEB 27 1985
BOOK 60 PAGE-. 21
Director Keating also noted that staff sent letters to
all land clearing firms notifying them of the ordinance, and
Mr. Staski stated he had received this notice only after
this matter was brought to his attention.
Chairman Lyons asked Mr. Staski if he had ever obtained
a permit for land clearing before and Mr. Staski answered
that he had not, but pointed out that he had gone to the
• County from time to time and was advised that it was not
necessary in those particular cases; however, he could not
remember the name of the person who told him that.
Mr. Meola repeated that the lot was mostly cleared of
junk that had been dumped over a period of years.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wodtke, the Board unanimously
required Mr. Meola and Mr. Staski to obtain an
after -the -fact land clearing permit and authorize
staff to levy a fine of only $100 due to some
extenuating circumstances, with the understanding
that if the fine is not paid voluntarily, the
County will take the matter to court.
Administrator Wright suggested that an escrow account
be set up for these fines.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman, the Board unanimously
established an escrow account for monies received
through tree ordinance and land clearing
violations.
22
DISCUSSION RE PROPOSED BEACH & SHORE PRESERVATION AUTHORITY
The Board reviewed the following letter dated 1/16/85:
TO: BOARD OF COUNTY
COMMISSIONERS
DATE: January 22, 1985
SUBJECT:
FROM: BEACH PRESERVATION & REFERENCES:
RESTORATION COMMITTEE
FILE:
The Beach 1�res-ezvation & Restoration Committee met on January
22, 1985, and made the following Motion regarding Mr. Palmerls
letter of January 16, 1985, relating to a proposed Beach and Shore
Preservation Authority and other related matters.
DN MOTION by Mr. Morrison, SECONDED by Mr.'Gross, the
Committee unanimously recommended to give their comments
to the County Commission Chairman stating they have read
Mr. Palmer's letter in detail and feel at this time it
is premature to establish a Beach and Shore Preservation
Authority, although they found merit in other statements
of Mr. Palmer's.
r
23
FEB 27 1985 BOOK 60 PAA 23
THMERS flSSOCIRTIOn
Bo NC�OF
�
" �oN ��Y� '' InDIflfl RIVER COURTY, IDC.
=`C
`fit• i.r !,i ;;i.�" A NON-PROFIT CORPORATION CHARTERED IN 1957
BOOK C0 Pmn 24
P. O. Box 1751
VERO BEACH, FLORIDA
32960
"Nothing is easier than spending the public's money; it does not appear to bdong to anybody. The temptation is
overwhelming to bestow it on somebody." - Calvin Coolidge N S'TtR 1 D U T (O 1 �� 1.'1 � t
January 16, 1985 Commiss:u.i; rs
Administrator
tfior;ie;�
Board Of County Commissioners Attorney
n y
Indian River County Public V'JI
1840 25th Street Com�rluni►/ G�ev.
orks
Vero Beach, Florida 32960 Utilities
Re: BEACH AND SHORE PRESERVATION AUTHORITY Finance
INDIAN RIVER COUNTY Other _ i3
TAXPAYERS ASSOCIATION POSITION STATEMENT
Dear Sirs:
By recent joint action of the County Commission and the Vero
Beach City Council, there has been a formal declaration that a
long term program SHALL be developed for the restoration and
preservation of the beaches and shores of Indian River County.
However, there has been no formal structuring of any authority to
do this. Rather, the proposal has been shunted to an existing
committee originally created for a specific purpose of limited
scope and of informal structure, now being further changed in
membership and scope of function.
In order to get the declared project properly underway with
a real commitment to develop a viable, long term program, the
Board of Directors of the Indian River County Taxpayers
Association respectfully request that the Board of County
Commissioners instruct the existing Beach Preservation and
Restoration Committee to give prompt and serious study of the
possibility of having the County Commission do the following:
1. Formally establish the Board of County Commissioners as
the BEACH AND SHORE PRESERVATION AUTHORITY for Indian River
County pursuant to §161.25 Florida Statutes.
2. Formally establish an advisory committee pursuant to
§161.31 F.S. to consist of five members selected as follows:
One member designated by the County Commission.
24
G
M M
Page - 2 -
i
One member designated by the Vero Beach City Council.
One member designated by the Sebastian City Council.
One member designated by the City Council of Indian
River Shores.
One member designated by an unincorporated entity of
the South Beach area.
3. Establish under 9161.31 F.S. the entire county as The
District to which the long range program is to apply while
reserving for future designation taxing zones provided for by
5§161,29 and 161.37 F.S.
4. Engage a full-time, in house employee to provide
technical expertise, administrative function, coordinate opera-
tions and provide other support to the program, rather than rely
solely on outside consultant services, having in mind that the
Public Housing Authority of The County is served by a full time
employee for its. support.
With regard to these proposals, The Taxpayers Association
offers the following comments:
A. Chapter 161 Florida Statutes permits "zones" to be
established to receive different tax treatment dependent upon
benefit received from the long term program. It would appear that
if the program is operated outside Chapter 161, separate taxing
districts would be required to attain this result. Hence, operat-
ing under Chapter 161 seems to offer some real advantages for the
program.
B. Section 161.39,F.S. provides for possibility of cooper-
ation between two or more counties in beach preservation
projects. This could be of possible use in connection with the
barrier island south of the county line to the Ft. Pierce inlet.
C. The Taxpayers Association supports the proposal to have
a TOURIST TAX to help fund the long term program. Chapter 161
appears to provide a statutory medium for receiving and
dispersing funds received from such source for the long term
program.
D. Five members is the top limit for an advisory committee
under §161.31 F.S. Like the five member Board of Commissioners,
this provides an effective number to reach decisions, as opposed
25 BOOK P,1ci
FEB 2 7 1985
FEB 2 7 1985 BOOK CIO PAPE 96
Page - 3 -
to a body of numerous members that is under continual pressure
for addition of more members to represent yet other special
interests. Such a five member board would be empowered under
Chapter 161 to appoint subcommittees, use expert advice, etc. to
• assist it in making decisions relative to the long term beach
program.
E. The Taxpayers Association questions the cost effective-
ness of using outside consultants to provide all the technical
and other support that will be needed in carrying out the
proposed long term program as opposed to having a full time,
in-house employee as support for the AUTHORITY that will handle
the projected, long term beach program. If the Public Housing
Authority of The County requires a full time employee for
support, it seems probable that an active Beach and Shore Preser-
vation Authority will likewise require support of a full time
employee.
In any event, the Taxpayers Association submits that this
matter should be fully studied without further delay to see what
type person could be engaged for the purpose, what the salary and
related costs might be, what the projected expense of using
outside consultants might be, etc., to reach -an objective
decision on the question.
The proposed long term beach preservation and restoration
program should not be allowed to grow willy-nilly. The proposals
discussed above, in our opinion, hold promise to help prevent
this. Hence, we respectfully request that you give this position
statement your careful consideration.
IRC/F
cc: Vero Beach City Council
Beach P.& R. Committee
Media
Respectfully submitted,
TAXPAYERS ASSOCIATION of
INDIAN RIVER COUNTY, INC.
By (� ;
Carroll F. Palmer,
Director
26
i
Chairman Lyons explained that after reviewing the Taxpayers
proposal, the Beach Preservation and Restoration Committee
felt that the time is premature to have a Beach Preservation
Authority, although they found merit in other statements in
the letter.
Carroll F. Palmer, Director of the Taxpayers
Association of Indian River County, Inc., explained that
their proposal stated their support for the use of a tourist
development tax to help fund the cost of beach erosion
control.
Chairman Lyons interjected that the County has gone to
the State Legislature and asked them for a local bill to do
that.
Mr. Palmer reported that they also brought the matter
before our Legislative Delegation in January, and he pointed
out that this is now a viable possibility for funding beach
erosion control.
Mr. Palmer noted that another point in their letter was
to ask that the Board consider setting themselves up as a
Beach Preservation Authority under Chapter 161, which seems
to have certain advantages in terms of taxing activities.
Mr. Palmer noted that whatever is done is certainly going to
cost money and some type of tax must be levied and he took
exception to the statement that this proposal is premature.
He believed that the Taxpayers' Association made a mistake
in asking the Board to put this before the Beach
Preservation and Restoration Committee, and that instead it
should have gone to the County Attorney for a written
opinion as to the feasibility of acting under Chapter 161
and also to determine what other legal alternatives there
are under Chapter 125 particularly with respect to
financing.
Commissioner Scurlock understood that the Beach
Committee was charged with going forward and coming up with
27
FEB2'7 1985 Boa 60 Frjr,E 27
FF__ I
FEB 27 1995 BOOK C0 FgF 28
a County -wide beach management plan that would be brought to
the Board for approval, after which a special dependent
district would be formed and would go to the voters for
approval, similar to the creation of the South County Fire
District. Through that mechanism, he felt there would be a
way to provide reasonable funding alternatives that would be
fair to everyone.
Commissioner Bird believed that what Commissioner
Scurlock was saying and what the Taxpayers Association was
saying was pretty close together.
Mr. Palmer stressed that under Chapter 161 the Board
would be acting as the authority.
Attorney Brandenburg advised that one of the problems
with Chapter 161 is that it is a very old law which was in
place prior to the 1968 State Constitution, and it requires
a referendum vote in both the County and the City of Vero
Beach, a very cumbersome procedure. He further informed Mr.
Palmer that Chapter 161 was thoroughly analyzed and the
findings explained to the beach committee, and he had also
looked at the alternatives of setting up a special district
under Chapter 125, as well as other ways to raise money such
as special assessments, use of the MSTUs and general funds
of the City and the County.
Commissioner Bird left the meeting temporarily at 10:20
o'clock A.M.
Mr. Palmer stated that they were unaware of the
referendum requirements in Chapter 161, and if there has
been a thorough analysis of the matter, it certainly has not
been made clear to the Taxpayers Association.
Chairman Lyons stated that the Taxypayers Association
presentation had helped him sort out some issues in this
matter. He felt that the Beach Preservation and Restoration
28
Committee should work primarily on the technical aspects of
what can be done for our beaches and how much it is going to
cost, and the question of who pays what should stay right
here with this Commission. He also felt that the Taxpayers
Association suggestion for a full-time, in-house County
employee to work on this project was a good idea.
Chairman Lyons believed that beach erosion is going to
be a continuing and accelerating problem and we need all the
technical information we can get; we may find there is
nothing that can be done but retreat, but we need to know
that for sure.
Commissioner Scurlock repeated his understanding that
the County had charged the Committee to come up with a plan
and then under Chapter 125 create a special district and
take it to the voters for approval.
Commissioner Wodtke understood that the Committee is
charged with forming a beach/coastal management plan for the
entire county and that their role is to develop alternative
funding methods. While he did not feel that it was the
Committee's responsibility to set up a taxing district, he
personally felt that it would be the Committee's
responsibility to make a determination of exactly how it
would be set up. He believed it would be difficult for an
in-house employee to develop a plan that would be acceptable
to the City of Vero Beach, Indian River Shores and the Town
of Orchid. He noted that there are questions of being able
to obtain permits under the restrictions of the DNR for
seawalls, revetments, etc. Commissioner Wodtke stressed
that accomplishing these goals is very slow going and the
Committee has agreed to meet weekly. He noted that they
will consider Mr. Palmer's letter and proposals, but that
whatever is ultimately decided will be determined by this
Commission.
29
FEB 2 7 1985 BOOK 60 MIJE
FEB 27 1995
BOOK eke P,,IJE �
Commissioner Scurlock stressed that the Commission is
waiting for the Beach Committee to come up with the best
plan possible so that we can determine the best funding
method to accomplish it.
Commissioner Wodtke reported that he has created a
non-voting technical advisory subcommittee out of the Beach
Committee which includes Coastal Engineer, George Dawes;
County Engineer, Don Finney; and Mike Walters, formerly with
Strock; and while our Environmental Planner Art Challacombe
would love to have the Board put him full-time on this
project, his job responsibilities with the County do not
permit it.
Chairman Lyons believed that the Commission is saying
that they are willing to give the Beach Committee more help.
Commissioner Wodtke felt that the Committee would be
ready within 30-60 days to bring to the Board for approval a
scope of work for a beach management plan.
Chairman Lyons stated that was why he was suggesting a
full-time employee, because time is of the essence as people
do not know where they stand or what to expect.
Commissioner Bowman felt that the full-time employee
should also be an expediter for grants.
Commissioner Bird returned to the meeting at 10:35
o'clock A.M.
REQUEST FOR USE OF FAIRGROUNDS PROPERTY
The Board reviewed the following memo dated 2/20/85:
30
� r �
TO: Board of County CommissioneDATE: February 20, 1985 FILE:,
THROUGH: Michael Wright
County Administrator
SUBJECT: Request for use of
Fairgrounds property
FROM: L. S. "Tommy" Thomas E �RENCES:
Intergovenmental Coord
Please find attached a request from Reverend Johnson of
Kissimmee, Florida, to hold a religious revival at the
fairgrounds from February 28 until March 28, 1985.
Staff does not have any recommendation relative to this request
as we are waiting for the special fairgrounds committee to be
appointed.
Intergovernmental Relations Director Tommy Thomas felt
that this request by a religious group points up the need
for further clarification of the rules and regulations
contained in the Parks and Recreation ordinance, one of
which states that "no person shall solicit alms or
contribution for any purpose, whether public or private in
any park or recreational."
Attorney Brandenburg explained that the reason that was
included in the ordinance is due to the Constitutional
provision for separation of church and state, and state
property was not to be used for religious purposes. He
recommended that the County not allow the Fairgrounds to be
used for a religious purpose.
Commissioner Bird felt that we might be somewhat
premature to start granting permits for various activities
until the Fairgrounds Committee has had a chance to make
recommendations to the Board on policy, procedures, and a
fee structure.
31
FEB.7 1985 BOOK C0 PAGE 31
FEB P 7 1985 . BOOK 60 FACE 32
ON MOTION by Commissioner Bird, SECONDED
by Commissioner Scurlock, the Board unanimously
instructed staff not to issue any permits for the
use of the Fairgrounds until such time as the
Commission has adopted a more formal policy and
directed the County Attorney to inform the
applicant that our present ordinance does not
permit this particular use on County property.
REQUEST TO ADVERTISE FOR CONSULTANT FOR SOLID WASTE RATE
STUDY
Utility Services Director Terry Pinto explained that
the landfill was built in 1977 as state of the art, but due
to the extensive growth, the County now must close up the
present cell at a cost of $400,000 and spend $3,000,000 to
„i open up a new cell under the present State requirements.
�/ He recommended that the County hire a consultant to advise
us on the methodology of raising funds for the landfill
project. He advised that at a later date they would be
recommending a consultant for the design of the next phase
of the landfill.
Commissioner Scurlock believed that the $3 -million
would involve a bond issue of some sort that would be
coordinated with*the financing of additional County admini-
strative space.
Chairman Lyons was of the opinion that we are still
going to need some disposal facility in the north county,
and Administrator Wright felt that would be considered at
the time we go to the second cell.
Sloan O'Donnell., 7000 20th Street, suggested that the
Board consider an alternative to landfilling by going to
resource recovery, a process of controlled incineration for
the production of electricity. He referred to an article in
the April, 1982 issue of Solid Wastes Management which
32
i r �
describes the success of the process in Pittsfield, Massa-
chusetts. Mr. O'Donnell felt Indian River County has the
ideal site and setup for this process and pointed out that
two potential customers for the energy are located nearby --
Ocean Spray and the IRC Correctional Institution.
Commissioner Scurlock advised Mr. O'Donnell that the
Board has already considered this alternative and would be
very interested in it when the time came.
Chairman Lyons agreed that he would be a very big
supporter of this process.
Director Pinto felt there is no question that these
alternatives will be considered, but pointed out that the
primary concern now is the financing needed to close out the
present cell at the landfill.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously
authorized Utility Services to advertise for
rate consultants for a solid waste study.
Commissioner Wodtke pointed out that back in 1977 we
brought the property and built the landfill that was
supposed to have lasted 20 years for approximately $300,000
and now, just eight years later, we are talking about
building another at a cost of $3 -million.
Director Pinto -emphasized that it will now cost
$400,000 just to close the present cell.
NORTH COUNTY FIRE DISTRICT
v/ The Board of County Commissioners recessed at 11:00
o'clock A.M. in order that the District Board of the North
County Fire District might convene. Those Minutes are being
prepared separately.
33
FEB46
27 19105 BOOK 6 0 FACE. 3'3
FEB 27 1985 BooK 60 PA,E 34
The Board reconvened at 11:50 o'clock A.M. with the
same members present.
RESOLUTION AUTHORIZING WIRE TRANSFER OF FUNDS FOR CRIMINAL
JUSTICE FACILITY
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously adopted
• Resolution 85-24 authorizing wire transfer of
funds for the criminal justice facility.
34
• RESOLUTION N.O. 85- 24
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, APPROVING AND AUTHORIZING THE
FLORIDA DEPARTMENT OF REVENUE, IN
ACCORDANCE WITH RULE 12-10.09 (F.A.C.)
TO DESIGNATE A BANK TO RECEIVE THE
CRIMINAL JUSTICE FACILITIES TAX STATE
WARRANTS; AUTHORIZING THE BANK SO
DESIGNATED TO WIRE TRANSFER SAID
CRIMINAL JUSTICE FACILITIES TAX FUNDS
TO A BANK DESIGNATED BY INDIAN RIVER
COUNTY TO RECEIVE SUCH FUNDS; AND
FURTHER TO AUTHORIZE THE BANK DESIGNATED
BY THE FLORIDA DEPARTMENT OF REVENUE TO
DEDUCT THE COST OF THE WIRE FROM THE
AMOUNT RECEIVED FOR TRANSFER.
WHEREAS, the Florida Department of Revenue has
adopted Chapter 12-10.09, Automatic Deposit of Revenue Sharing
Funds in the Rules of the Department of Revenue, State of Florida,
and
WHEREAS, it is in the best interest of Indian River
County, Florida, to receive the criminal justice facilities tax
funds by wire transfer;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD
OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,
that:
1. In accordance with S.S. 17.075, Florida Statutes, and
Rule 12-10.09
(F.A.C.),
the Florida
Department
of Revenue is
authorized to
designate
a bank to
receive the
criminal justice
facilities tax state warrant.
2. The bank so designated is authorized to wire transfer
said criminal justice facilities tax funds to a bank designated by
the Board of County Commissioners of Indian River County to receive
such funds.
3. The bank designated by the Florida Department of
Revenue is authorized to deduct the cost of the electronic transfer
from the amount received for transfer.
The foregoing resolution was offered by Commissioner
Scurlock who moved its adoption. The motion was seconded by
Commissioner Bird and, being put to a vote, the vote was as
follows:
-1-
FEB 27 1985 BOOK 60 FAGS 35
Chairman Patrick B. Lyons
Vice Chairman Don C. Scurlock, Jr.
Commissioner Richard N. Bird
Commissioner William C. Wodtke, Jr.
Commissioner Margaret C. Bowman
BOOK 6.0 PAGE 36
Aye
Aye
Aye
Aye
Aye
The Chairman thereupon declared Resolution No. 85-24
duly passed and adopted this 27th day of February ,
1985.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By
`
Attest: y
Freda WrigV- t, Clerk
APPROVED AST FORM AND LEGAL
SUFFICIENCY • /
Chairman
LIM
a
Brandenbu g,
unt Attorney
DISCUSSION RE LENGTH OF COMMISSION MEETINGS
Attorney Brandenburg explained that last year the Board
elected to go to half-day meetings every week instead of
meeting all day every two weeks. He noted that in recent
months, many meetings have continued on into the afternoon.
He recommended that the meetings be adjourned at noon in
order to allow staff members to know in advance that the
afternoons would be free to make appointments and to
continue their work.
Commissioner Lyons felt that we should stipulate that
the meetings last no longer than 12:30 o'clock P.M. and any
items not taken care of by that time be postponed until the
next week.
The Board agreed to set a time limit of 12:30 o'clock
P.M. for the weekly Board of County Commission meetings with
CSL
W
W
the understanding that if any meeting is to continue past
that time, it must be by the unanimous vote of the
Commission.
Commissioner Scurlock expressed the belief that during
the next year the Commission would be meeting all day every
week due to the rapid growth in the County.
Chairman Lyons felt we should try the proposed time
limit and see if it works. Everyone agreed.
DISCUSSION RE DOUGLAS ELEMENTARY SCHOOL
Attorney Brandenburg advised that Florida Community
Health Centers, Inc. has asked for a 4 -month extension of
the reversionary clause in the quit -claim deed to Douglas
Elementary School. He explained that he had talked to Mr.
Brown of Florida Community Health Centers this morning, and
he has indicated that they have been working with the Health
Department on the funding for the renovation of the
cafeteria area for use as a primary care center. This
matter is now pending in Atlanta, and Mr. Brown does not
know how long it will be pending or whether or not it will
result in funds, but believed he would have an answer by
June. Once that is approved, they will have a vehicle in
place to apply for State funds to set up the primary care
center.
Attorney Brandenburg pointed out that if the Board
extends this to June, it will result in a total extension of
22 months.
Chairman Lyons felt that we should grant the extension
since we don't have a better deal in the offing and Mr.
Brown has said that something is in the works.
MOTION WAS MADE by Chairman Scurlock, SECONDED by
Commissioner Bowman, that the Board grant the
4 -month extension of the reversionary clause to
the Florida Community Health Center as requested.
37
FEB2 7 1985 BOOK 6 0 P,�cF 3 7
BOOK. 60 PAGE ',3'
Commissioner Bowman reported that Headstart needs space
in that building, not in the cafeteria, but in the class
rooms, and advised that there is also some interest for
space in the building by the West Wabasso Progressive Civic
League.
Chairman Lyons realized that there are certain things
that have to be done to bring that site up to code and
suggested that perhaps the West Wabasso Progressive Civic
League could assist by contributing in-kind help such as
landscaping, painting, etc.
Attorney Brandenburg explained that the last time the
Board gave Florida Community Health Centers an extension,
they were requested to submit a progress report and did not
do so. He asked if the Board wanted one now.
Chairman Lyons suggested that a status report be
submitted before the end of the third month of the 4 -month
extension.
THE CHAIRMAN CALLED FOR THE QUESTION. The
Motion was voted on with the addition suggested
by Chairman Lyons and carried unanimously.
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. 16221 - 16455 inclusively.
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.
38
There being no further business, on Motion duly made,
seconded and carried, the Board adjourned at 12:00 o'clock
Noon.
ATTEST:
GG P
Clerk
FEB 27 1995 39
UI
BOOK 60 PAGE 39