HomeMy WebLinkAbout4/24/1985Wednesday, April 24, 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,
April 24, 1985, at 9:00 o'clock A.M. Present were Patrick B.
Lyons, Chairman; Don C. Scurlock, Jr., Vice Chairman; Richard N.
Bird; Margaret C. Bowman; and William C. Wodtke, Jr., who was
temporarily delayed. 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 A. Bonnah,
Deputy Clerk.
Chairman Lyons opened the meeting and led the Pledge of
Allegiance to the Flag.
ADDITIONS TO THE AGENDA
There were none.
APPROVAL OF MINUTES
The Chairman asked if there were any corrections or
additions to the Minutes of the Regular Meeting of March 27,
1985.
The Board reviewed the following correction requested by
Commissioner Bird at the meeting of April 17, 1985:
Page_28, line 2: "but felt strongly that if the site plan was
approved with those items shown, it should not be cast in stone
but should bear a close resemblance when built."
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APR 24 1985 BOOK �F+
APR 24 1985 BOOK'S E655
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Scurlock, the Board unanimously (4-0,
Commissioner Wodtke being temporarily delayed)
approved the Minutes of the Meeting of 3/27/85,
as corrected.
The Chairman asked if there were any corrections or
additions to the Minutes of the Special Meeting of March 28,
1985. There were none.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously (4-0,
Commissioner Wodtke being temporarily delayed),
approved the Minutes of the Special Meeting of
March 28, 1985.
CLERK TO THE BOARD
Approval of Renewal Applications for a Permit to Carry a
1A Concealed Firearm
Y� y
The Board reviewed the following memo dated 4/15/85:
TO: The Honorable Members of DATE: April 15, 1985 FILE:
the Board of County Commissioners
SUBJECT: Gun Permits- Renewals
FROM: Michael Wright REFERENCES:
County Administrator
The following individuals have applied for gun permit renewals
with the Clerk's Office:
Raymond L. Chenot
C. Reed Knight, Jr.
Henry A. Fisher
All requirements of the ordinance have been met and are in
order.
2
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously (4-0,
Commissioner Wodtke being temporarily delayed),
approved renewal applications for a permit to
carry a concealed firearm for the following
persons:
Raymond L. Chenot
C. Reed Knight, Jr.
Henry A. Fischer
CONSENT AGENDA
Commissioner Scurlock requested Items E & J be removed from
the Consent Agenda for discussion.
A. Report
Received and placed on file in the Office of the Clerk:
Traffic Violation Bureau, Special Trust Fund
Month of March, 1985 - $42,027.87
B. Report
Received and placed on file in the Office of the Clerk:
Traffic Violations by Name
March, 1985
3
APR 24 1985
BOOK PAGE 656
APR 24 1995
C. Budget Amendment - Public Works
BOOK 60 FADE 657
The Board reviewed the following memo dated 4/12/85:
TO: Board of County Commissioners DATE: Apr. i 1 12, 1985 FILE:
4-�
FROM:Jeffrey K. Barton,
OMB Director
SUBJECT: Public Works
REFERENCES:
The following budget amendment is to allocate funds from the Contingency to
cover the shortage in amount budgeted for FEC payments per the attached memo.
Account Title
FEC payments
Reserve for Contingencies
J KB/dw
Balance in MSTU Reserve
$141,126. as of 4/11/85
Account No.
004-243-519-34.46
004-199-581-99.91
Increase
2,314
Decrease
2,314
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously (4-0,
Commissioner Wodtke being temporarily delayed),
approved the above budget amendment, as recommended
by OMB Director Barton.
D. Budget Amendment - Youth Guidance
The Board reviewed the following memo dated 4/15/85:
T
TO: Board of County Commissioners DATE: April 15, 1985 FILE:
�I
FROM: Jeffrey K. Barton,
OMB Director
SUBJECT: Youth Guidance
REFERENCES:
The following budget amendment is to allocate the funds necessary to cover the
shortage per the attached memo.
Account Title Account No.
Regular Salaries 001-213-523-11.12
Social Security 001-213-523-12.11
Retirement 001-213-523-12.12
Work Comp. 001-213-523-12.14
Reserve for Contingencies 001-199-581-99.91
J KB/dw
Balance in Reserve as of 4/11/85
$413,537 i
Increase
513
44
Decrease
41.
4
512
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously (4-0,
Commissioner Wodtke being temporarily delayed),
approved the above budget amendment, as -recommended
by OMB Director Barton.
F. Extension of Construction Contract for Shorelands Subdivision
The Board reviewed the following memo dated 4/12/85:
TO: The Honorable Members DATE: April 12, 1985 FILE:
of the Board of
County Commissioners
DIVISION HEAD CONCURRENCE:
r�,�� �� SUBJECT: EXTENSION OF CONSTRUC-
Robert M. Kew ating, aICP TION CONTRACT FOR SHORE -
Planning & Development Director LANDS SUBDIVISION
M� THROUGH: Mary Jane V. Goetzfried
lChief, Current Development Section
FROM: E. Stan Boling REFERENCES:
r'.46, Staff Planner
It is requested that the following information be given formal
consideration by the Board of County Commissioners at their
regular meeting on April 24, 1985.
5
1*
APR 24 1985 CIO
BOOK ; PAF 65
APR 24 1985 �
DESCRIPTION AND CONDITIONS:
On December 12, 1984, the Board of County Commissioners
granted final plat approval to Shorelands Subdivision and
entered a Contract for Construction of Required Improvements
with the owner/ developer, Roger 0. Wheelwright. The contract
required the construction of a landscaped berm along the
subdivision's S.R. A -1-A frontage and a wooden dune crossover
structure. The contract, guaranteed by an irrevocable letter
of credit, is to expire on April 30, 1985.
ANALYSIS AND CONDITIONS:
The landscaped berm is complete, and has been inspected and
approved by the Public Work Division. However, the construc-
tion of the dune crossover structure has not yet begun because
the required D.E.R. permit has not yet been obtained. Mr.
Wheelwright is now requesting that the contract to construct
improvements be extended for six months, covering only the
remaining dune crossover construction.
The County Attorney's Office has drafted a resolution to
address Mr. Wheelwright's request. If adopted, the resolution
will:
1) extend for six months the completion date stated in
the original contract, and
2) release the original letter of credit for..$10,522.50
and accept in its place the new letter of credit for
$8,625.00.
The amount of $8,625.00 represents 115% of the estimated cost
to complete the remaining dune crossover construction. The
Public Works Director -has approved the posting of this amount
to guarantee the remaining work. Mr. Wheelwright agrees to
this arrangement and has signed and sealed the proposed
resolution.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners adopt
the attached resolution to extend the Contract for Construc-
tion of Required Improvements No. SD -83-09-018 and substitute
the surety guaranteeing the contract.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously (4-0,
Commissioner Wodtke being temporarily delayed),
adopted Resolution 85-43, extending the Contract for
Construction for Shorelands Subdivision.
0
RESOLUTION NO. 85- 43
A RESOLUTUION OF THE BOARD OF COUNTY COMMISSIONERS
APPROVING A REQUESTED EXTENSION OF TIME AND THE
REDUCTION AND SUBSTITUTION OF SECURITY FOR SHORELANDS
SUBDIVISION.
WHEREAS, the Board of County Commissioners entered into
a Contract for Required Improvements with Shoreland Development,
Inc. (Developer), in conjunction with the approval of the final
plat for Shorelands Subdivision; and
WHEREAS, the Developer has completed a portion of the
work covered by the agreement and has requested a six month exten-
sion of time to complete the remaining dune crossover structure,
together with a substitution of a new Letter of Credit to reflect
the completed work; and
WHEREAS, the Board finds that good cause exists for the
extension of time, and that the new security will adequately pro-
tect the interests of the County.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:
1. Contract for Required Improvements No. SD -83-09-018,
attached hereto, is amended to extend the completion date stated
therein until October 30, 1985; and
2. The Board hereby releases Barnett Bank's Irre-
vocable Letter of Credit No. 138, in the amount of $10,522.50,
(TEN THOUSAND FIVE HUNDRED TWENTY TWO AND 50/100), contingent upon
the receipt and acceptance of a new Letter of Credit in an amount
not less than $8,625.00. (EIGHT THOUSAND SIX HUNDRED TWENTY FIVE
AND NO/100).
The above extension and substitution of surety is hereby
approved and agreed to by the Developer.
(AFFIX CORPORATE SEAL)
SHORELAND DEVELOPMENT, INC.
BY:
Rogeif 0. Wheelwright
President
-1-
BOOK Pt�A 1
APR 24 1985
BOOK 60 Cr;Gc 661
RESOLUTION NO. 85-43
The foregoing resolution was offered by Commissioner
Scurlock
who moved its adoption. The motion was seconded
by Commissioner Bowman and upon being g put to a vote, the
vote was as follows:
Chairman Patrick B Lyons Aye
Vice -Chairman Don C. Scurlock, Jr. Aye
Commissioner Richard N. Bird Aye
Commissioner Margaret C. Bowman Aye
Commissioner William C. Wodtke, Jr. Absent
The Chairman thereupon declared the resolution duly
passed and adopted this 24th day of April , 1985.
BOARD OF COU COMMISSIONERS
OF INDIAN I COUNTY, FLORIDA
By
_ RICR B. LYONS
'0
Chairman
Attest:�G.,_
FREDA WRIGHT
Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By
ofwf." COUN 3ATTORNEY
G. Acceptance of Recommendations by Transportation Planning
Committee
The Board reviewed the following Summary of Actions of the
Transportation Planning Committee meeting of April 16, 1985:
7
13
SUMMARY OF ACTIONS
TRANSPORTATION PLANNING COMMITTEE
April 16, 1985
1. Request to Amend the Thoroughfare Plan, 49th Street:
Grand Harbor, Inc. applied to remove 49th Street between
U.S. #1 and proposed Indian River Boulevard. Committee
recommended a neutral position and to forward comments
made by Public Works Department.
2. Traffic Impact Fee Ordinance Study:
Committee received request for a 45 -day time extension from
Barton-Aschman Associates, Inc. Reports #2 and #3 scheduled
for Transportation Planning Committee review at re -scheduled
meeting date of May 28, 1985.
3. North U.S. #1 Corridor Study:
Committee recommends the following improvement components of
the Study. Funding of Items A, B, and C to be by the City of -
Vero Beach, Item D by the FDOT and Item E by Indian River
County:
A. U.S. #1 at 27th Street
o Install signs restricting heavy trucks
® Realign the intersection of 27th Street and St. Lucie
Avenue at a future time
o Sign%alize U.S. #1 and 27th Street
B. 14th Avenue at FECRR
e Add aright -turn radius for southbound traffic on
14th Avenue to turn onto St. Lucie Avenue
o Maintain northbound access onto U.S. #1
e Re-evaluate after other improvements are complete -
C. U.S. #1 at 23rd Street
® Lengthen the eastbound left -turn lane on 23rd Street
® Upgrade the traffic signal to an 8 -phase signal (left
turn arrows all directions).
D. U.S. #1 at 21st Street
o Redesign access and turning movements as proposed
by Florida Department of Transportation, except
retain southbound right -turn movement onto 21st
Street.
E. Indian River Boulevard
e Endorse extension north from Royal Palm
Boulevard to U.S. #1 as an alternate route to
U.S. #1.
4. Intersection Study - Old Dixie Highway at 4th Street:
Committee approved staff recommendation to signalize this
intersection in 1986 to coincide with the extension of Indian
River Boulevard to U.S. #1 at 4th Street. Signalization cost
($25,000) to be budgeted during FY 85/86 and left -turn lanes
at Old Dixie added to the Transportation Improvement Program
(TIP).
5. Orchid Island Identification Signs:
Committee recommends that signs be installed on S.R. AlA,
S.R. 60 (Barber Bridge), 17th Street Bridge and C.R. 510
Bridge where these roads enter Orchid Island, as requested
by Committee Member, Mrs. Lier.
APR 24 1985 8 BOOK 60 P€U662
A: Ii /' J
•
BOOK 60 FAGE 663
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously (4-0,
Commissioner Wodtke being temporarily delayed),
accepted the recommendations of the Transportation
Planning Committee as set out in the above Summary
of Actions.
H. Appointment of Gary Parris to Parks & Recreation Committee
OFFICE OF THE
CITY CLERK
The Board reviewed the following letter dated 4/12/85:
I
April 12, 1985
City of Vero Beach
1053 -20th PLACE - P. O. BOX 1389
VERO BEACH, FLORIDA - 32961-1389
Telephone: 567-5151
Indian River County Commission
1840 25th Street
Vero Beach, Florida 32960
T)IST71[3`JTi.ON LIST
C:,...,..,�.�::,,,�rs 2N
Adrn;sjs_raLor
Attor; Bey
Personnel
Public Works
Corrtirnunity Dev.
utilities
Finance ,- ` �W-A OA
Other
Pee C S
Attention: Richard Bird, Chairman
Indian River County Parks & Recreation Committee
Dear Mr. Bird:
This letter is to advise you, belatedly, that Councilman
Gary Parris is the City's representative on the Indian
River County Parks and Recreation Committee.
Mr. Parris was appointed to serve on the Committee during
the organization meeting of March 13, 1985.
Sincerely,
Q-U-y-
Irene
B. Young
Deputy City Clerk
9
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously (4-0,
Commissioner Wodtke being temporarily delayed),
appointed Gary Parris to the Parks 8 Recreation
Committee to replace Terry Goff as the
representative of the City of Vero Beach.
I. Request for Approval of Master Section 8 Annual Contributions
Contract No. A-3409
The Board reviewed the following memo dated 4/16/85:
TO: Board of County Commissioners DATE: 4/16/85 FILE:
THRU: Michael Wright
County Administrator
FROM: Edward J. R an
Executive Director
IRC Housing Authority
SUBJECT: Request for Approval of Master
Section 8 Annual Contributions
Contract No. A 3409
REFERENCES:
The Department of Housing and Urban Development has submitted a Master
Section 8 Annual Contributions Contract which is consistent with the motion
passed by the County Commission at its meeting of July 3, 1984. The attached
documents are for review and approval.
The Section 8 Program is currently authorized to assist 190 families;
elderly, handicapped/disabled individuals. Currently, there are 170 units
under lease and there is a waiting list of 95 families.
This new contract adds 24 units and provides for an additional $104,940
in rental assistance annually. Once the contract is executed, we will have
the capability of handling rental assistance for 214 families in any given
month with funding totaling $545,112 annually.
The documentation required by HUD for their final approval and execution
of the contracts is submitted for consideration and approval of the Board of
County Commissioners.
(1) Five (5) copies of superseded Part 1 of the Annual Contributions
Contract, for Project No. FL29-E132-003 reflecting the addition
of 24 units and $104,940 in additional annual funding.
The start up funds and additional administrative fees for the 24 units
will cover their administrative costs. They will not add any administrative
costs to the County.
I recommend that the County Commission authorize the Chairman of the Board
to execute these contracts for transmittal to the Jacksonville office of HUD.
10
APR 24 1985 Booz 60 pnE664
BOOK 60 -PAGF 685.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously (4-0,
Commissioner Wodtke being temporarily delayed),
approved Contract No. A-3409 and authorized the
Chairman's signature.
CONTRACT IS ON FILE IN THE OFFICE OF'THE CLERK
Commissioner Wodtke entered the meeting at 9:05 o'clock A.M.
E. _Budget Amendment - Housing Authority
The Board reviewed the following memo dated 4/17/85:
TO: Board of County Commissioners
FROM: Jeffrey K. Barton
OMB Director
DATE: Apri 1 17, 1985 FILE:
SUBJECT: Housing Authority
REFERENCES:
The following is the budget amendment necessary to do the transfer of funds
per the attached memo from Ed Regan, Executive Director, IRC Housing Authority.
This allocation is being done to cover the 6% raises for FY 84-85.
Account Title
Account No.
Increase
Decrease
Other Contractural Srvs.
107-225-569-33.49
3,024
Legal Ads .
107-225-569-34.91
100
Engineering Srvcs.
107-226-554-33.13
100
All Travel
107-226-554-34.02
225
Rent -Other Equip
107-226-554-34.49
50
Outside Printing
107-226-554-34.72
25
Advertising -except legal
107-226-554-34.81
125
Other Current Charges
107-226-554-34.99
25
Office Supplies
107-226-554-35.11
86
Office Furn & Equip
107-226-554-66.41
390
Regular Salaries
107-226-554-11.12
3,466
Social Security Match
107-226-554-12.11
244
Retirement
107-226-554-12.12
424
Workers Comp
107-226-554-12.14
16
JKB/dw
11
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L—_1
Commissioner Scurlock recalled during the budget sessions,
direction was given that if there was going to be a grade change
or a classification change, that, in fact, the person who
received that change would not receive a 6% increase as well. He
believed this budget amendment is asking the Board to give both a
grade change and a 6% increase, which is inconsistent with what
was approved back in budget sessions.
OMB Director Jeff Barton confirmed that was the direction
given and pointed out that there is money in the above budget
amendment to fund both the increase and the grade change for the
Director of Housing Authority.
Chairman Lyons asked if the range within the grade had
changed, and Director Barton believed that the upper end of the
grade changed, but not the lower end.
Chairman Scurlock recommended that the Housing Authority
Director's grade change be approved, but not the additional 6%
increase as he felt that is consistent with what was said at
budget time.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously approved
the grade change of Housing Authority Director Ed Regan
and denied the 6% increase; with the modifications in
funding as shown in the following corrected budget
amendment.
12 BOOK 66 FAGE'666
APIR 24 1985
BOOK 6 0 F,r,E 667
TO. Board of County CommissionersDATE: April 17, 1985 FILE:
as revised
April 24, 1985
SUBJECT: Housing Authority
_FROM: Jeffrey K. Barton REFERENCES:
OMB Director
The following is -the budget amendment necessary to do.the.transfer of funds
per the attached memo from Ed Regan, Executive Director, IRC Housing Authority.
This allocation is being done to cover the 6% raises for FY 84-85.
Account Title Account No. Increase. Decrease
Other Contractural Srvs. 107225-569-33.49
1,866
Legal Ads
107-225-569-34.91
100
Regular Salaries
107-226-554-11.12
1,641
Social Security Match
107-226-554-12.11
116
Retirement
107-226-554-12.12
201
Workers Comn
107-226-554-12.14
8
JKB/ew
J. Sale of County Property
The Board reviewed the following memo dated 4/18/85:
TO: Board of County DATE: FILE:
Commissioners April 18, 1985
SUBJECT: Sale of County Property
L. S.I "To " Thomas c
FROM: Intergovernmental RelationsEb- rector`s'
Attached are the bid results for SINGLE FAMILY RESIDENTIAL
LOT 78.21+ by 134 feet located on the northeast corner of 2nd
Street and 17th Avenue in Indian River Heights Subdivision. The
sale of which was authorized by the Board of County Commissioners
on August 1, 1984. Five (5) bids were received and are shown on
the attached sheet; the high bid was $8,000.
13
Although some comparable lots in the area have sold at
higher prices, this lot was created by taking a curve out of the
road which left one of the houses facing the side and back of
this new lot.
RECOMMENDATION: It is the consensus of staff that this lot
be sold to the highest bidder, who is James M. Morris, in the
amount of $8,000, and therefore put.back on the tax rolls.
Funds from sale of property to be placed in the Park
Acquisition and Development Account.
Commissioner Scurlock asked where the proceeds from this
sale would go, and Administrator Wright advised they would go to
the Park Acquisition and Development account.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously
authorized the sale of the lot described above to the
highest bidder, James M. Morris, in the amount of
$8,000, as recommended by Intergovernmental Relations
Director Thomas.
BOARD OF COUNTY COMMISSIONERS '
1840 25th Street
Vero Beach, Florida 32960
BID TABULATION
BID
NO. DATE OF OPENING
April 16 1985
BID TITLE Sale of REal Estate
2nd St. 8 17th Ave. v V J J J
ITEM
NO. DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE U
oas 00 100 QO M)o
I
14
BOOK 0 PAGE'DD Is
APR 24 1985
BOOK 60 PArAffl
PROCLAMATION - OLDER AMERICAN MONTH
The Chairman read the following proclamation aloud and
presented copies to Tom Buchanan of the Vero Beach Chapter of the
AARP, Edward Gass of the Sebastian Chapter, and Mary DiAngelo of
the Council on Aging.
P R O C L A M A T I O N
WHEREAS, today's older citizens have molded and nurtured the
world in which we live and they will act as a positive force for
change in the future by continuing to build bridges between young
and old and by helping the community to prepare itself for the
future when a still greater percentage- of its residents will be
older; and
WHEREAS, OLDER AMERICANS lead lives of independence, dignity
and purpose, and when called upon, cheerfully give of their time,
talents and money; their experience, wisdom and caring are vital
to our hopes of rehumanizing the world and correcting its
wavering direction; and
WHEREAS, the members of the AMERICAN ASSOCIATION FOR RETIRED
PERSONS - VERO BEACH CHAPTER $1406, and the NORTH INDIAN RIVER
COUNTY CHAPTER $3234, along with the INDIAN RIVER COUNTY COUNCIL
ON AGING are taking part in the affairs of our community and
making significant contributions to the well-being of our
citizens; and
WHEREAS, OLDER AMERICANS perform many services as volunteers
for various charitable organizations 'among them being the
AMBULANCE SQUAD, HOSPITAL AUXILIARY, RED CROSS, MEALS ON WHEELS;
and
WHEREAS, OLDER AMERICANS have held and are holding various.
public offices, among them being service on the following public
boards, CITY COUNCIL; COUNTY COMMISSION; PARKS AND RECREATION
COMMITTEE; PLANNING AND ZONING COMMISSION; FINANCE ADVISORY
COMMITTEE; TRANSPORTATION PLANNING COMMITTEE; HOUSING FINANCE
AUTHORITY:
C
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, assembled in
regular session this 24th day of April, 1985 that the month of
MAY, 1985 be designated as
"OLDER AMERICANS MONTH"
and
BE IT FURTHER PROCLAIMED, that the Board expresses its
appreciation to the County's OLDER AMERICANS, and most
Particularly to the members of the AMERICAN ASSOCIATION FOR
RETIRED PERSONS, VERO BEACH CHAPTER and the NORTH INDIAN RIVER
COUNTY CHAPTER and to the INDIAN RIVER COUNTY COUNCIL ON AGING.
ATTEST:
Freda Wright, C3erk
15
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
t c B. yons h firman
I
PROCLAMATION - PRIVATE PROPERTY WEEK
The Chairman read the following proclamation aloud and
presented it to Charles Davis of the Vero Beach -Indian River
County Board of Realtors.
P R O C L A M A T I O N
WHEREAS, this great nation is known the world over as the
land of liberty because Americans enjoy more political and
economic freedom than any other people on earth; and
WHEREAS, of all the rights we have, one of the most precious
is the right of. each citizen to own, use or transfer 'real
property as he or she sees fit, so long as the rights of others
are not infringed upon; and
WHEREAS, owning one's home and preserving these rights
fosters democracy because it disperses individual decision-making
that collectively affects the well-being of our community; and
WHEREAS, this ownership requires that people save not only
for their own homes, it encourages activity in other sectors of
the economy, creating growth and contributing to a higher quality
of life; and
WHEREAS, REALTORS in Indian River County, as members of the
VERO-BEACH - INDIAN RIVER COUNTY BOARD OF REALTORS and the
NATIONAL ASSOCIATION OF REALTORS, are setting aside a week to
celebrate our constitutional freedom to own real property;
NOW, THEREFORE, BE IT PROCLAIMED by the BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the week of
April 28 - May 4 be observed as
PRIVATE PROPERTY WEEK
BE IT FURTHER. PROCLAIMED by the Board that all residents of
Indian River County join with the VERO BEACH - INDIAN RIVER
COUNTY BOARD OF REALTORS and its members in setting aside this
period to remind ourselves that we are a free people endowed with
the right to own real property.
BOARD OF COUNTY COMMISS10NERS
OF
ATTEST: By
FREDA WRIGHT,
CLERK.
16
APR 24 1985 BOOK 60 PA"1F 6 t 0
APR
BOOK 60 FnF 67
PROCLAMATION - MENTAL HEALTH MONTH
The Chairman read the following proclamation aloud and
presented it to Ann DiStasio.
P R O C L A M A T I O N
WHEREAS, the MENTAL HEALTH BELL, one of the most
distinguished BELLS in the world, represents hope, vision and
liberty for the one in five persons in the United States who
suffer from mental illness; and
WHEREAS, the BELL symbolizes .the more than one million
volunteers working with the MENTAL HEALTH ASSOCIATION to promote'
MENTAL HEALTH and prevent mental illness; and
WHEREAS, the MENTAL HEALTH ASSOCIATION in Indian River
:County, Florida is dedicated to the promotion of mental health;
the prevention of mental .illness and improved care and treatment
of mentally ill people; and _ ?`
.. s+' r .tea .. .. •' -
WHEREAS, work is carried out in the community through a wide
:range of activities in social action, -.education, advocacy and
information;..
1.. NOW, THEREFORE,BE IT PROCLAIMED+ .BY- THE BOARD OF COUNTY
COMMISSIONERS, Indian River County, Florida that the month of
May, 1985 be recognized as
�> MENTAL HEALTH MONTH
.A 1 •• r.
in Indian River County, Florida; and.
BE IT FURTHER PROCLAIMED that during the month of May, 11985
the ringing of the MENTAL HEALTH BELL be heard across -the nation
to proclaim MENTAL HEALTH MONTH "to ring out hope -for the
mentally ill and victory over mental illness."
ATTEST:
&-�®�h
Freda Wright, ClOrw
BOARD OF COUNTY COMMISSIONERS
17
I
PROCLAMATION - LAW DAY
The Chairman read the following proclamation aloud and
presented it to Attorney Charles R. McKinnon.
P R O C L A M A T I O N
WHEREAS, May 1st, 1985 is LAW DAY U.S.A. in the United
States of America; and
WHEREAS, the United States of America has been the citadel
of individual liberty and a beacon of hope and opportunity for
more than 200 years to many millions who have sought our shores;
and
WHEREAS, the foundation of individual freedom and liberty is
the body of the law that governs us; and
WHEREAS, the Constitution of the United States of America,
and,the Bill of Rights, are the heart of that body of law which
guarantees us many freedoms - including freedom of religious
belief, freedom to have and hold property inviolate, 'freedom of
assembly, freedom of speech, freedom of press, freedom of
petition, and due process of law among others; and
WHEREAS, this year marks the 28th annual nationwide _.
observance of LAW DAY, and the Congress of the United States and •.
the President, by official proclamation have set aside May 1, -:.
1985 as a special day for recognition of the place of law in
American life;
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS of Indian River County, Florida, that May 1, 1985,
be designated as
LAW DAY U.S.A.
and call upon all citizens, schools, businesses, clubs and the
news media to commemorate the role of law in our lives.
ATTEST:
Freda Wright, Clerk
18
BOARD OF COUNTY COMMISSIONERS
APR 24 1985 BooK 60 pnx672
APR 24 1985
BOOK 60 PA.Gc 6-7T
PROCLAMATION - NATIONAL NURSES WEEK
The Chairman read the following proclamation aloud and
presented to Suzanne Valencia, who accepted it in behalf of the
600 nurses in Indian River County.
P R O C L A M A T I'0 N
WHEREAS, registered nurses provide quality health care
services in Indian River County in a variety of settings, such as
clinics, hospitals, schools, industry, and home; and
WHEREAS, nurses and consumers recognize the growing
need to slow the rate of health care spending while maintaining
the quality and availability of health care services; and
WHEREAS, the citizens of Indian River County share the
nursing profession's concern that quality health care services
remain available at affordable prices;
NOw, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF
COUNTY COMMISSIONERS of Indian River County, Florida, that May 6,
1985 be observed as .
NATIONAL NURSES' DAY 1985
and urge all the citizens of Indian River County to join with the
g ,
AMERICAN NURSES ASSOCIATION, and District 17, FLORIDA NURSES'
ASSOCIATION in observance of this special day recognizing quality
health care services in our County.
ATTEST:
Freda Wright, Clerk
Adopted: April 24, 1985
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Yat4rjckZBi.LZy0, hairman
19
r�
PUBLIC HEARING - ORDINANCE PROVIDING FOR COUNTY FAMILY MEDIATION
AND CONCILIATION SERVICES
The hour of 9:15 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to wit:
VERO BEACH PRESS-JOURHAL
Published Daily _
Vero Beach, Indian River County. Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at V.eerroi Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
in the matter of >i0' L
in the
lished in said newspaper in the issues of ` g(
4119
Court, was pub-
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate. commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed
(SEAL)
bemiye;�thisSday of D. 19 �YL
n nag
(Clerk of the Circuit Court, Indian River County, Flor a).
The Board a
River Count
Heating on t
a m. in the C
Uc NOTICE
W4 Commissioners
a Win Public
lay, April 24, AM at 9:18
an chambers at 94
1D 26th
FL 329W. to consider ttie
nee entitled:
OF THE BOARD OF'=,.�
SSIONERS OF INDIAN "..
FLORIDA. RELATING •'
t. DLSSO _unON OF •.
NILIES. AND CONTRO. `
-PING . THE FAMILY: '
CHAPTER 749. FLORIDA
FOR SUCH PURPOSES AS
VIDED IN SAID STATUTE:
FOR ADMINISTRATION. FUI
AND EFFECTIVE DATE.
If mW person decides to appeal any decision --
made on the above matter, he/she will need a I
record of the proceedings. and for such pur-' -
poses, he/she may need to ensure that a verbs.
din -record of the proceedings is made, which
record includes the testimony in evidence on
which the appeal Is based. i
INDIAN RIVER COUNTY _.
- ' BOARD OF COUNTY COMMISSIONERS
PATRICK B. LYONS. CHAIRMAN
Apra 4,1885. _
The Board reviewed the following letter dated 4/9/85:
20
APR 24 1985 BOOK
60 PArx674
J
,APR 24 1985
ear �d,�615
LAW OFFICES OF
GOULD, GOOKSEY. FENNELL. APPLEBY. BARKETT & O'NEILL
PROFESSIONAL ASSOCIATION
JOHN R. GOULD
9YRON T. COOKSEY
DARRELL FENNELL
FRANK M. APPLEBY
LAWRENCE A. SARKETT
EUGENE J. O'NEILL*+
MICHAEL J. HANLEY
CHRISTOPHER H. MARINE
April 9, 1985
Mr. Gary M. Brandenburg
County Attorney
1840 25th Street
Vero Beach, FL 32960
In Re: Family Mediation Ordinance
Dear Gary:
979 BEACHLAND BOULEVARD
VERO BEACH. FLORIDA 32963
TELEPHONE (30S) 231-1100
ADMITTED IN MASSACHUSETTS
AND FLORIDA
FLORIDA BAR BOARD CERTIFIED
CIVIL TRIAL LAWYER
OUR FIL
J * '5
ApR}gt5
;rt.;�:
t�YC3" '.-Na
Thank you for a copy of your letter of April 3, 1985, to
Judge Smith, together with a copy of the proposed mediation
ordinance. Please be advised that on behalf of the Indian River
County Bar Association, I will be attending the public hearing to
speak in favor of adoption of the ordinance.
Sincerely yours,
Q /3a.,gz
Lawrence A. Barkett
LAB:dv
At their 4/16/85 meeting, the Bar Association unanimously voted to
support the adoption of this Ordinance.
Attorney Brandenburg explained that the ordinance
establishes a family mediation and conciliation service pursuant
to Florida Statute, Section 749, and provides that the
participants in the service will fund the entire cost. What will
occur is that the Chief Judge of the Circuit Court will enter an
administrative order setting forth all procedures to be used by
litigants in dissolution of marriage cases. The individuals
involved then will have the opportunity to submit to such a
service if they fall under the guidelines established under the
court, and it is felt it could do some good. He stressed that
the ordinance includes specific language that the County
Commission will not fund any of the cost of the services and
-Ai 21
s �
0
M M M
noted that all of the local judges, as well as the local bar
association, support the adoption of this ordinance.
Commissioner Bird understood that the purpose of the
ordinance is to bring the parties together and mediate their
potentially broken marriage, and if the marriage cannot be saved,
to resolve a more amicable dissolution without spending time and
money in litigation.
Commissioner Wodtke felt that mediation services would occur
only in litigated cases, but Attorney Brandenburg explained that
would not necessarily be the case. The Judge will enter an
administrative order which will indicate that the parties will
voluntarily submit to this service; however, the court may decide
they want the parties to go through this service. Either the
court or the parties may select the mediator. With respect to
parties who have no way to pay for the service, one approach
being considered is for some attorneys in town to provide these
services without charge, thereby satisfying their obligation to
provide service each year to indigent people.
Commissioner Wodtke was concerned whether attorney's per se
were better qualified to act as mediators in these matters. -
Attorney Brandenburg believed that since attorneys deal with
dissolution of marriages on a day-to-day basis, they are very
well qualified to act as mediators; however, the administrative
order has been written so that mediators can be clergymen or
other qualified individuals.
Chairman Lyons opened the Public Hearing and asked if anyone
wished to be heard in this matter.
Jean Byrne, local marriage and family counselor, urged the
Commission to establish the service because he believed that
mediation is beneficial in helping people to separate amicably so
their relationship with their children can be preserved.
Lawrence Barkett, President of the Indian River County Bar
Association, concurred and advised that the Bar Association
endorses the adoption of this ordinance. He pointed out that the
22
APR 24 1985 Boor. 60 pnUE 676
APR
24 1985
BOOK
FA'JE 677
State of Florida
is a no-fault state and all that is required
to
obtain a divorce is to say that the marriage is irretrievably
broken. At that point a judge loses most of his discretion in
requiring counseling and other services. The court, by using
mediation, can allow the parties to resolve their differences in
regard to property rights and other family matters. Attorney
Barkett pointed out that 80% of the mediated settlements on child
support never go into default. The Bar.Association feels that
the family unit can be saved by mediation, and if it is
determined that it cannot, mediation will reduce court time and
litigation fees.
Dr. Narda Riese, local family mediator, expressed her
support for the ordinances, and pointed out that there are
certified mediators in Florida who have had 40 hours in classroom
training plus supervision through five mediations. They are
trained to teach couples to make their own settlements, because
if a settlement is not good for the parents, it will not be good
for the children.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously
closed the Public Hearing.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously adopted
Ordinance 85-38, providing for the establishment of
a County Family Mediation and Conciliation Service
with respect to marriages, dissolution of marriages,
families and controversies involving the family.
23
INDIAN RIVER COUNTY ORDINANCE NO. 85— 38
AN ORDINANCE
OF THE BOARD OF COUNTY
COMMISSIONERS
OF INDIAN RIVER COUNTY,
FLORIDA, RELATING TO MARRIAGES, DISSOLUTION
OF MARRIAGES,
FAMILIES, AND CONTROVERSIES
INVOLVING THE
FAMILY; PROVIDING FOR THE
ESTABLISHMENT OF THE INDIAN RIVER COUNTY
FAMILY MEDIATION
AND CONCILIATION SERVICE
IN ACCORDANCE
WITH CHAPTER 749, FLORIDA
STATUTES, FOR SUCH PURPOSES AS ARE PROVIDED
IN SAID STATUTE;
PROVIDING FOR ADMINISTRATION,
FUNDING, REPEAL
OF CONFLICTING PROVISIONS,
SEVERABILITY,
INCLUSION IN CODE, AND
EFFECTIVE DATE.
WHEREAS, Chapter 749, Florida Statutes, allows counties
to establish a family mediation or conciliation service to assist
parties in resolving any controversy involving the family, and
WHEREAS, the Circuit Judges of the 19th Judicial Circuit
assigned to Indian River County have requested the. Board of County
Commissioners of Indian River County to establish a family
mediation and conciliation service, and
WHEREAS, the Board of County Commissioners of Indian
River County, Florida, has determined that the public health,
safety and welfare of th-e residents of the County will be promoted
by the establishment of a family mediation and conciliation service
to assist parties in resolving controversies involving the family;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
SECTION 1.
ESTABLISHMENT OF FAMILY MEDIATION
AND CONCILIATION SERVICE
The Board of County Commissioners of Indian River County,
Florida, hereby establishes, pursuant to the provisions of Florida
Statutes Chapter 749, an Indian River County Family Mediation and
Conciliation Service.
SECTION 2.
PURPOSE
The purpose of the Indian River County Family Mediation
and Conciliation Service shall be to assist parties in resolving
controversies involving the family, as authorized by Chapter 749,
Florida Statutes.
L- APR 24 1985
-1-
Boor. 60 phu.678
FF",- - - - -
APR 24 1985
- BOOK 60 Pt!G.E t
SECTION 3.
ADMINISTRATION
The Indian River County Family Mediation and Conciliation
Service shall be:' .administered as provided by order of the Chief
Judge of the 19th Judicial Circuit.
SECTION 4.
T TT 1T T T 1T /t
The entire cost of providing the Family Mediation and
Conciliation Service shall be borne by those parties participating
in the service, as provided by Administrative Order of the Chief
Judge of the 19th Judicial Circuit. The Board of County
Commissioners of • Indian River County, Florida, shall not be
responsible for the cost of providing such service, unless
subsequently appropriated in the County budget by the Board of
3
County Commissioners.
SECTION 5.
REPEAL_ OF CONFLICTING PROVISIONS
All previous ordinances, resolutions, or motions of the
Board of County Commissioners of Indian River County, Florida,
which conflict with the provisions of this ordinance are hereby
repealed to the extent of such conflict. All Special Acts of the
legislature applying only to the unincorporated portion of Indian
River County and which. conflict with the provisions of this
ordinance are hereby repealed to the extent of such conflict.
SECTION 6.
SEVERABILITY
If any provision of this Ordinance or the application
thereof to any person or circumstance is held invalid, it is the
legislative intent that the invalidity shall not affect other
provisions or applications of this Section which . can be given in
effect without the invalid provision or application, and to this
end, the provisions of this Section are declared severable.
SECTION 7.
APPLICABILITY OF ORDINANCE
This ordinance shall be applicable throughout - Indian
River County, Florida.
.2_
r
SECTION 8.
INCLUSION IN CODE
This Ordinance shall be incorporated into the Code of
Indian River County, Florida, and the word "ordinance" may be
changed to "section," "article," or other appropriate word and the
sections of this Ordinance may be renumbered or relettered to
accomplish such purposes.
SECTION 9.
EFFECTIVE DATE
The provisions of this Ordinance shall become effective
upon receipt from the Secretary of the State of Florida of
official acknowledgment that. this Ordinance has been filed with the
Department of State.
' Approved and adopted by the Board of County
Commissioners of Indian River County, Florida, on this 24th day
of April 1985.
BOARD OF aUNTY COMMISSIONERS
OF INDIAXYER COUNTY
B
/ V eatriax Lyons,
Chairma
Acknowledgment by - the Department of State of the State of
Florida, this 29th day of April 1985.
Effective Date: Acknowledgment from the Department of State,
received on this 2nd day of Mav , 1985, at 11:00
A.M./P.M. and filed in the Office of the Clerk of the Board of
County Commissioners of Indian River County, Florida.
APPROVED TO FORM
AND EG S ICI
ar Brandenburg,
=3 -
APR 24 1985
BOOK 60 t'''F 670
M_
APR 24 1985 eoaK
"BOTTLE BILL" DISCUSSION
60
The hour of 9:30 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to wit:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
in the Court, was pub-
lished in said newspaper in the issues of 1201 s
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
C. A
Sworn to and subscribed before me thisday
A.D. 19 96___
(Clerk of the Circuit Court, Indian River
(SEAL)
27
•
PUBLIC NOTICE''
The Board of County Commisslonata, at their
regular meeting on. April 24, 1985, will discuss a
recommendation that the Legislative Delegation
endorse, promote, and vote for passage of legle.
lation for the recycling of containers for beer and
!soft drinks.. commonly called the "Bottle Bill,"
during the 1985 Legislative Session of the State
Of Floride. The discussion will be held at 9:30.
A.M. in the County Commission Chambers in the
(County Administration Building, 1840 _ 25th
Street, Vero Beach, Florida. If any person de- .
cides to appeal any decision made on the above
matter, he/she may need to ensure that a verba-
tim record of the proceedings Is made, which
record includes the testimony in evidence on
which the appeal is based.
-April 20,19W
W
March 29, 1985
SEEP BREVARD BEAUTIFUL, INC.
1900 S. Harbor City Blvd., Suite 218 }�
M.111 *ne, Florida 32901b-
-
725-4554 Commis UTION LIST -�
Commi ssi-oner Patrick Ly�sfGt
Chairman, Indian River County Commission
1840 25th Street
.....Vero Beach, FL 32960 - -
Dear Commissioner Lyons:
r-
sroners
Administrator
.Attorney
Personnel�-
Public- Works
, rnunitY DevItt,
s
1—�
fin&nceOther
Keep Brevard Beautiful, Inc., the local affiliate of Keep America Beautiful
is a non-partisan, non-profit; public service organization dedicated to
- litter reduction and community improvement through volunteering and coopera-
tive action at the local level to improve the ways solid waste is handled.
KBB's major program is the behavior based Keep America Beautiful system which
depends upon marshalling widespread community support and on private initiatives
for sustained reductions in litter while at the same time fostering civic pride.
Our organization has been working on a variety of community projects. Among
them is the development of ordinances and laws that favorably contribute to
litter reductions and more beautiful Brevard County.
.In spite of good efforts by KBB and other environmentally concerned groups,
litter and trash still scars the highways and beaches of our County. A major
portion of this litter is discarded soda and beer cans and bottles that line
Florida's roadsides, beaches, parks and fields and overflows its landfills.
They are the most visible, most dangerous and non -degradable portion of litter
and cost cities, counties and the state millions of dollars to clean up each year.
In Florida, the Department of Transportation alone spends more than $2.5 million
annually on litter pick-up. The department estimates that at least 20 percent
of roadside litter can be attributed to beer and soft drink containers. Effectively
addressing the problem of discarded beverage containers alone could save Florida
taxpayers a minimum of $500,000 per year in litter pick-up costs. Substantially
more savings could be realized by county and city governments by controlling
bottle and can litter.
Over the past few years, nine states have enacted bottle laws beginning with
Oregon in 1972. Today, there is documented proof in those states where the
law is operating it is popular and there has been a substantial reduction of
litter and trash. The State of Florida is now particularly in need of this
type of legislation.
The time has come for tourist dependent Florida to -preserve its natural
attractiveness to .visitors and residents by approving a law aimed at clearing
our state of soft drink and beer cans and bottle trash. State Senator Jeanne
Malchon has introduced Senate Bill 92 for consideration during the 1985
Florida Legislature, which if passed, would significantly eradicate this
unsightly and dangerous blight from our environment.
W
APR 24 1985
BOOR 6O Pw632. J
r
A6E
APR 24 195 BOOR 6�3
I have enclosed a proposed county resolution for your consideration supporting
this legislation. I encourage Indian River County Commission to carefully
consider and adopt a Bottle Bill resolution. Florida consumers lose when
they pay higher costs associated with throw -away containers and,we all lose
when enormous amounts of energy are squandered on non -recyclable containers.
A deposit law will make the bargain more widely available to cost conscious
purchasers, while benefiting everyone by savings in energy, landfill resources -
clean-up costs and ridding our state of a sizable amount of litter and trash.
Sincerely,
)�
James M. Kraft
Chairman, Government Relations Committee
Keep Brevard Beautiful (South), Inc.
Commissioner Bird explained that this is on the agenda today
to determine whether the Board will support a resolution urging
the Legislative Delegation to'endorse, promote and vote for
passage of legislation for the recycling of containers for beer
and soft drinks, commonly called the "Bottle Bill", during the
1985 Legislative Session of the State of Florida.
Tyler Ward, publications coordinator with the Retail Grocers
Association of Florida, Inc., accompanied by Jerry Keen owner of
the Keen Supermarkets, urged the Board to amend the proposed
resolution to support a committee substitute bill for Senate Bill
92 to set up a one-year study program of all types of litter in
Florida. He explained that the Association opposes a "Bottle
Bill", which includes beer and soda pop cans, and instead
supports a voluntary recycling program called BIRP (Beverage
Industry Recycling Program). Mr. Ward reviewed the following
advantages and disadvantages to using the alternative of recycling.
i
P_
MANDATORY DEPOSIT LEGISLATION
BOTTLE BILL
ADVANTAGES
REDUCES BEVERAGE LITTER
CREATES JOBS
REDUCES SOLID WASTE
PERCEIVED TO IMPROVE THE
ENVIRONMENT - POPULAR
DISADVANTAGES
HIGH COST
- CONSUMERS (TAXPAYERS)
- INDUSTRY -_
- GOVERNMENT
REDUCES SALES
ELIMINATES SKILLED JOBS IN
BOTTLE MANUFACTURING
FAILS TO REDUCE TOTAL LITTER
REDUCES INCENTIVE FOR
VOLUNTARY RECYCLING
JEOPARDIZES RECYCLING
INDUSTRY
REDUCES LESSER BRANDS
DOES NOT RESULT IN SUBSTANTIVE
SOLID WASTE COST SAVINGS
CAUSE PACKAGE SHIFT TO MORE
LIMITED RECYCLING MARKET
VOLUNTARY RECYCLING
FLORIDA B.I.R.P.
ADVANTAGES
REDUCES ALL TYPES OF LITTER
CREATES JOBS
REDUCES SOLID WASTE
NO INCREASED COSTS
- CONSUMERS (TAXPAYERS)
- INDUSTRY
NO REVENUE LOSS TO STATE
- BEER TAXES
- SALES -TAXES,
- INCOME TAXES
NO REDUCTIOK IN.SALES VOLUME.
PUTS NEW MONEY INTO LOCAL
ECONOMIES
ESTABLISHES NETWORK TO
HANDLE ANY RECYCLABLE"
MATERIAL WHEN IT BECOMES
ECONOMICALLY FEASIBLE
DISADVANTAGES
NOT AS EFFECTIVE AS MANDA-
TORY DEPOSIT LEGISLATION
IN REDUCING BEVERAGE TYPE
.LITTER
Commissioner Scurlock felt this was a moot point since the
"Bottle Bill" has passed out of both the Senate and House
economical committees, and he, therefore, would support an
amendment to the proposed resolution requesting a study on litter.
MOTION WAS MADE by Commissioner Scurlock, SECONDED by
Commissioner Bowman, that the Board adopt Resolution
85-44, supporting legislation which will require the
study of littering problems in the State of Florida as
they relate to the potential adoption of a "Bottle
Bill" by the Legislature of the State of Florida.'
30
.� APR 2 4 19$5 _ BooK 6d Pn6� 6$q-
APR 24 1985
soar 60 pffiE6g5�
Chairman Lyons felt that this is a well orchestrated move to
miss the point; the point being that it is not so much the
litter, but wasting of millions of dollars of energy by not
taking back bottles and cans for recovery.
Commissioner Bowman disagreed with Mr. Ward's figures on
the percentage of bottles and cans along the roadside.
Chairman Scurlock stated he intended to vote for the "Bottle
Bill" when we get to that point, but he felt that a study will at
least provide some additional information.
Commissioner Wodtke was of the opinion that this was more of
a state issue than a local issue and that it might be futile for
Indian River County to have a bottle bill if neighboring counties
did not adopt such a bill also.
Commissioner Bowman pointed out that this is not a
resolution to support a local ban; it is in support of a
state-wide bottle ban.
Marc Lefebvre, executive secretary of the Florida Soft Drink
Association, also urged the Board to amend the proposed
resolution to endorse a litter study and asked for time to report
on what has happened in other states.
Commissioner Scurlock pointed out that there is a Motion on
the floor asking for a litter study.
Commissioners Wodtke and Bird felt that since Mr. Lefebvre
has come such a long way this morning, they would like to hear
him speak.
Mr. Lefebvre reported that forced deposits adopted in other
states have resulted in everything from higher beverage costs to
the elimination of jobs and reduced state tax revenues. He
stated that the beverage industry supports voluntary recycling
and expects to have 150 recycling centers open in the state by
the end of the year. He urged the Board to support the recycling
alternative proposed by the Beverage Industry Recycling Program
(BIRP) and advised that he would leave some literature for the
Board to review at their convenience. Mr. Lefebvre asked to have
the following letter from the Governor of Kentucky made a part of
the record:
31
r -
MARTHA LAYNE COLLINS
GOVCANOA
OFFICE OF THE GOVERNOR
FRANKFORT, KENTUCKY 40601
October 30, 1984
Mr. Jon L. Courson, President
Florida Beverage Industry Recycling Program
Post Office Box 30007
Tampa, Florida -33630
Dear Mr. Courson:
This is to advise you that I am delighted to learn
of the formation of Florida BIRP. As you know, we have had
a BIRP program here in Kentucky since 1980, and this.program
has been both successful and instrumental in getting litter
of beverage containers removed from Kentucky's roadways and
public areas.
Since its inception, BIRP recycling centers have
collected in excess of 98.5 million pounds of materials that
can be recycled. This has resulted in both direct and
indirect revenues in the neighborhood of $70 million returned
to the state's economy.
My administration has been pleased to be a part
of this positive partnership between both government and
industry. We applaud your efforts to do the same in
Florida.
Sincerely,
G
Mart a Layne Collins
Tom Zorelick, Manager of Coca-Cola in Ft. Pierce, also urged
the Commissioners to support the Florida: BIRD Program.
Commissioner Scurlock felt the Board listened to all this
rhetoric for nothing as his Motion was for the resolution to be
amended to urge the Legislative Delegation to support a litter
study.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
passed unanimously. -
32
APR 24 1985 Dom 66 PArx 6 9G
APR 24 1985
are a waste
of energy resources,
�n�K 1'0
of natural
RESOLUTION NO. 85-44
_
A RESOLUTION OF THE BOARD OF COUNTY
The motion
COMMISSIONERS OF INDIAN RIVER COUNTY,
Commissioner
FLORIDA, SUPPORTING LEGISLATION WHICH
and,
WILL REQUIRE THE STUDY OF LITTERING
a vote, the vote
PROBLEMS IN THE STATE OF FLORIDA AS
THEY RELATE TO THE POTENTIAL ADOPTION
OF A "BOTTLE BILL" BY THE LEGISLATURE
OF THE STATE OF FLORIDA.
WHEREAS,
the Board of County Commissioners of Indian River
County
actively supports policies and programs which promote and
protect
the well being of all the citizens of Indian River County;
and
WHEREAS, the Board of County Commissioners of Indian River
County believes that there is a potential that throw away beverage
containers
are a waste
of energy resources,
adding to the depletion
of natural
resources,
contrary to the aims
and commitments of the
people of Indian River County, and State-wide legislation is needed
to require the study and consideration of the advisability of a
Florida "Bottle Bill"; and
WHEREAS, it has been suggested that a "Bottle Bill" for the
State of Florida, requiring refunds on all unreturned soft drink and
beer containers, would' lessen Florida's solid waste collection and
disposal dilemma, 'encourage the recycling of cans and bottles, be
energy efficient, and provide cleaner communities; and
WHEREAS, the Board of County Commissioners of Indian River
County now desires to go on record with the Legislature of the State
of Florida in support of a thorough one-year study of the potential
advantages and disadvantages of a "Bottle Bill" for Florida;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. The County Commission supports legislation requiring the
thorough study and analysis of potential benefits and deteriments of
the adoption of a Florida "Bottle Bill."
The
foregoing
resolution
was offered
by- Commissioner
Scurlock who
moved its
adoption.
The motion
was seconded by
Commissioner
Bowman
and,
being put to
a vote, the vote
was as follows:
-10
-1-
L- I
Chairman Patrick B. Lyons
Ave
Vice Chairman Don C. Scurlock, Jr.
Aye
Commissioner Richard N. Bird
Aye
Commissioner William C. Wodtke, Jr.
Aye
Commissioner Margaret C. Bowman
Aye
The Chairman thereupon declared Resolution
No. 85-44 duly
passed and adopted this 24th day of April
1985.
BOARD OF COUNTY
COMMISSIONERS
OF INDIAN
COUNTY, FLORIDA
By
ric B. Lyons
' Chairman
Attest:.4e.e;
Freda .Wright Clerk
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY;r""�
By
nranaenbur
n7
Attorney
-2-
APR 24 1985
BOOK FAGE 689
CERTIFICATE OF PUBLIC CONVENIENCE - LIFELINE MEDICAL
SERVICES, INC.
The Board reviewed the following letter dated 4/15/85:
Eam Offtrrs
J*ullivttn, J*ullivan, T-Ea3vir attd 014arkrr
CHARLES A. SULLIVAN
CHARLES A. SULLIVAN, JR.'
April 15, 1985
1601 20TH STREET
POST OFFICE BOX 2620
VERO BEACH, FLORIDA 32961-2620
(305) 567-4371
Board of County Commissioners
City of Vero Beach
1840 25th Street
Vero Beach, Florida 32960
ATTENTION: Patrick B. Lyons
Re: Certificate of Public Convenience and Necessity
Lifeli4e Medical Services, Inc. -Basic Life Support
System
Dear 'Mr., Lyons:
Please be advised that I represent Lifeline Medical Services, Inc.
in their purchase of C. & J. Ambulance Transfer Service. Enclosed
herewith is a copy of the Certificate of Necessity which was issued
to C. & J. Ambulance Service for Indian River County. I am requesting
that you call this issue up at the next Board meeting and issue a
Certificate of Public Convenience and Necessity to LIFELINE MEDICAL
SERVICES, INC. I have also enclosed a copy of their application for
a state license and vehicles permits.
The base of the operation will be: 305 Delaware Avenue, Ft. Pierce,
Florida 33450.
Upon the approval of the Board kindly issue the certificate to
Lifeline Medical Services, Inc. and forward same to my office. Should
you require any further information please do not hesitate to contact
my office.
Thank you for your anticipated cooperation and assistance.
Sincerely,
Charles A. Sullivan, Sr.
34
ROGER W. LAJOIE
J. RUSSELL THACKER
Charles Sullivan, Attorney representing Lifeline Medical
Services, explained that this company has purchased C & J
Ambulance Service which already has a Certificate of Need in this
county, and they are requesting a transfer of that certificate.
Attorney Brandenburg advised that a Certificate of Public
Necessity must be obtained from the County prior to getting a
license from the State. There are certain standards that the
State has with respect to operation of the service; however,
counties have the option to adopt an ordinance establishing
separate standards prior to the issuance of the certificate. He
noted that Attorney Sullivan has indicated that none of the other
four counties in this area have adopted such ordinances.
Attorney Sullivan assured the Commission that the while the
company plans to expand, it will maintain the same quality of
service.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Scurlock, the Board unanimously
adopted Resolution 85-45, issuing a Certificate
of Public Convenience and Necessity to Lifeline Medical
Services, Inc.
35
APR 24 198 BOOT Gil fdUr 6qo
5
APR 24 7995
BOCK 6'0 mu 691
RESOLUTION NO. 85- 45
NON -EMERGENCY AMBULANCE SERVICE
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
WHEREAS, the LIFELINE MEDICAL SERVICES, INC. provides
quality non -emergency ambulance service to the citizens of Indian
River County; and
WHEREAS, it has been demonstrated that there is a need for
this ambulance service to operate in the County and provide
essential services to the citizens of this County on a
non-exclusive basis; and
WHEREAS, the above ambulance service has indicated that it
will comply with all the requirements of the Emergency Medical
Services Act of 1973, as amended;
NOW, THEREFORE, the BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA hereby issues a CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY to LIFELINE MEDICAL SERVICES, INC. from
April 24, 1985 to April 24, 1986 and that in issuing this
Certificate it is understood that the above named ambulance
service will meet the requirements of State Legislation and
provide non -emergency ambulance service for Indian River County.
BOARD OF
INDIAN -A
ATTEST:
5
FREDA WRIGHT, qyerk
Adopted: April 24, 1985
APPROVED T ORM AND
LEGAL SUF ENCY
By
G Y M.PKKR5EWXe-
ounty,.-A'
torney
TY COMMISSIONERS
COUNTY, FLORIDA
B. L
, vnairman
6
i ® �
CERTIFICATE OF PUBLIC CONVENIENCE - FELLSMERE VOLUNTEER
AMBULANCE SERVICE
The Board reviewed the following memo letter dated 3/28/85:
CITY CLERK'S OFFICE
PHONE 571-0116
March 28, 1985
Titlj of 21yrthin rr
INDIAN RIVER COUNTY
POST OFFICE BOX 38
FELLSMERE, FLORIDA - 32948
Pat Lyons, Chairman
Board of County Commissioners
County Commission Building
Vero Beach, Florida 32960
Dear Mr. Lyons,
POLICE DEPARTMENT
PHONE 571-1360
The Citizens of the City of Fellsmere request that a certifi-
cate of need be granted to the "Fellsmere Volunteer Ambulance Ser-
vice", to provide Basic Life Support Service, in Sectors 12, 14, and
16 of the Emergency Management Map.
We have approximately $4,000.00 in funds pledged at this time. A
building which we are renovating to house the service, and we have suf-
fieient certified personnel to man said station, with EMTs, First Aid
Persons, Dispatcher's, and Driver's now enrolled in IRCC State Certi-
fied Drivers Program.
We wish to advise at this timeit takes approximately 20 to 30
minutes for an ambulance to respond to the Fellsmere Area because, of
the distance involved, in addition the current ambulance personnel are
not familiar with the area, therefore, causing a further delay. We
feel that in "Life Threatening Situations' this is to long a period of
time. Although no blame is being placed on the operating personnel.
We anticipate being operational in three to six months at which
time:we propose to be available for mutual Aid when requested.
This will be a non-profit volunteer service to all of the Citi-
zens of the Fellsmere area.on a twenty-four hour, seven day's a week
basis.
- We would appreciate being placed on the earliest Agenda possible.
Attached are some letters and signatures of concerned citizens
of the Fellsmere Community.
Respectfully yours,
'o n2'/rI R. "Pet " Tyson, Mayor
City of Fellsmere
37
PR 24 1985 Boor F. 69, 49W
DISTP[BUT!ON LIST
Colnmiss,orlerS
p�p111121314�J�
Administrator vim`
^
Attorney
�oc ��,
c°v�oo ��� L
Perso iii
�,
Public Works
�%e,
Community Dev.
Utilities
Finance ,�
Other •���
U
The Citizens of the City of Fellsmere request that a certifi-
cate of need be granted to the "Fellsmere Volunteer Ambulance Ser-
vice", to provide Basic Life Support Service, in Sectors 12, 14, and
16 of the Emergency Management Map.
We have approximately $4,000.00 in funds pledged at this time. A
building which we are renovating to house the service, and we have suf-
fieient certified personnel to man said station, with EMTs, First Aid
Persons, Dispatcher's, and Driver's now enrolled in IRCC State Certi-
fied Drivers Program.
We wish to advise at this timeit takes approximately 20 to 30
minutes for an ambulance to respond to the Fellsmere Area because, of
the distance involved, in addition the current ambulance personnel are
not familiar with the area, therefore, causing a further delay. We
feel that in "Life Threatening Situations' this is to long a period of
time. Although no blame is being placed on the operating personnel.
We anticipate being operational in three to six months at which
time:we propose to be available for mutual Aid when requested.
This will be a non-profit volunteer service to all of the Citi-
zens of the Fellsmere area.on a twenty-four hour, seven day's a week
basis.
- We would appreciate being placed on the earliest Agenda possible.
Attached are some letters and signatures of concerned citizens
of the Fellsmere Community.
Respectfully yours,
'o n2'/rI R. "Pet " Tyson, Mayor
City of Fellsmere
37
PR 24 1985 Boor F. 69, 49W
BOOK U0 I13
Mayor Leonard Tyson of the City of Fellsmere requested that
the Board issue a Certificate of Need to the Fellsmere Volunteer
Ambulance Service which will be stationed in the old City Garage
behind what is now the Community Center. Referring to a map of
the proposed service area, he noted that it starts just west of
the Sebastian River near the intersection of CR -510 and CR -512
and includes Vero Lakes Estates, the City of Fellsmere, and all
persons north on CR -507 to the Brevard.County line to the C-54
Canal. Service would be provided to several families living just
beyond the county line if the need arose. Mayor Tyson continued
that the service area goes west to the Fellsmere management
section and south on CR -512 at the entrance to Fellsmere
management section to the intersection of SR -60 and CR -512. In
emergency situations where an ambulance may be needed, they also
plan on covering 1-95 from Hobart Road on the south and the
Brevard County line on the north. He confirmed that the service
area corresponds with that of the fire department service area.
Mayor Tyson assured the Board that they plan to cooperate
and coordinate with all ambulance services. With respect to
dispatching, Mayor Tyson requested permission for the service to
use the County's license that is being used by other squads and
also install a 911 telephone line into the dispatch office where
there will be an operator on duty 24 hours a day. He reported
that he has applied for corporation papers from Tallahassee, but
a Certificate of Need is required first. He advised that they
have a Board of Directors and they intend to get funding wherever
they can. Right now, they are on a public donation basis and the
response has been excellent. However, this has been put on hold
due to the lack of a Certificate of Need.
Commissioner Bird asked what coordination has taken place
with the existing volunteer ambulance squad in this County, and
Mayor Tyson reported that he had met with Mr. Kirchner and Mr.
Martine on one occasion and it was his understanding that they
38
771
were not in disagreement with the establishment of an ambulance
service in Felismere.
Commissioner Scurlock felt it would certainly be beneficial
to use many of the existing training programs and perhaps some of
the equipment that is being phased -out.
Mayor Tyson stressed that they want to cooperate and work
with the other ambulance services. At present they have 54
volunteers who are state certified, and he felt that once they
get this thing in gear they would get considerably more.
Chairman Lyons felt this was a major undertaking and that
Mayor Tyson and the City of Felismere are to be commended. He,
personally, wanted to do as much as possible to be of assistance,
but wanted to be assured of the total coordination in
communications for the entire emergency care program. Chairman
Lyons suggested that Mayor Tyson get with Burt Mills, the
Chairman of the IRC Volunteer Ambulance Squad, to discuss the
official coordination of these efforts in the County and also
with Assistant County Administrator Sonny Dean, who is involved
with County communications. In addition, he felt that it would
be very helpful to get together with respect to the emergency
numbers, sectors covered, and responses to see how they fit into
the 911 program, as 24-hour dispatching will take on a real
responsibility and involves a lot of people.
Mayor Tyson stated they presently have 29 certified
dispatchers and they plan to make sector maps for the dispatching
room and familiarize themselves with the more isolated areas in
that area of the County.
Commissioner Bird asked about the Sebastian squad and
Chairman Lyons pointed out that it is now a substation of the IRC
Volunteer Ambulance Squad.
Chairman Lyons heartily recommended that they would find a
way to become very closely affiliated with the IRC Volunteer
Ambulance Squad and thought there was something to be gained by
being a part of this large organization.
39
R 24 Igor BOOK
APR 24 1985 BOOK C PA, 695
Mayor Tyson stated that while they want to cooperate and
coordinate with the IRC squad, they don't wish to be combined
with that unit; they want to remain independent because of the
area in which they will service and the knowledge of the area.
Chairman Lyons hoped that Mayor Tyson would keep an open
mind and Mayor Tyson replied that he would be delighted to meet
with them at any time to discuss any -problem.
Chairman Lyons expressed his opposition to providing County
funds to any ambulance service separate from the IRC Volunteer
Ambulance Squad.
Commissioner Wodtke recalled that at one time there was some
concern about who owned the building which used to be the old
City garage, and Mayor Tyson advised that it is owned by Indian
River County and leased to the City of Fellsmere for $1.00 a year
as long as it is used by a non-profit organization.
Commissioner Wodtke commended the residents of Fellsmere and
surrounding areas for their efforts in establishing this service
on a donation basis.
Attorney Brandenburg explained that when a Certificate of of
Public Necessity is issued, the Board is not assuring that all
State standards will be met and service will be provided on time.
All the Board is saying is that there is a need in that area and
the Board is granting them permission to fulfill that need if
they meet all of our requirements of which we have none at this
time.
MOTION WAS MADE by Commissioner Scurlock,
SECONDED by Commissioner Bird, that the Board
authorize the Certificate of Need for the Fellsmere
Volunteer Ambulance Service and allow them to
use the radio frequency if it is coordinated
with the Assistant County Administrator.
40
W
� � r
Under discussion, Commissioner Bird also commended the
effort that Fellsmere is making. While he recognizes that the
need is here, he felt that a lot of consideration should be given
to looking at the possibility of becoming a part of an already
established, well functioning ambulance squad.
Mayor Tyson stated that they would consider anything that
would be in the best interest for the citizens in the area. He
wanted the Board to understand that they are going to do
everything possible to provide what is needed, but they realize
what is needed far more than most other people in the County.
Administrator Wright asked about some fixed costs in regard
to the 911 program, and Chairman Lyons stated that would be
determined later.
Johnny Kirchner, speaking as a taxpayer and not as a member
of the IRC Volunteer Ambulance Squad, referred to Mayor Tyson's
mention of the meeting with Mr. Martine and himself and recalled
that Dan Martine pointed out to Mayor Tyson that if Fellsmere
furnished the manpower, they would help them furnish the rest,
but there was no further communication from Mayor Tyson. Mr.
Kirchner pointed out that twenty cents out of every dollar used
to run the IRC Ambulance Squad this past year is taxpayers money.
a
They are presently running 7 ambulances and made 6000 calls this
year compared to 5000 calls last year. He felt that the
emergency medical problem here in the County is expanding very
rapidly. He urged the Board to limit the number of Certificates
of Need and appoint a representative to sit in on the Board of
Directors of the IRC Ambulance Squad to give the taxpayers'
input. He strongly recommended that they delay issuing a
Certificate of Need until there is further communication between
the Fellsmere group and the IRC Squad.
Mayor Tyson responded that he does not have any recollection
of any statement being made by either Mr. Kirchner or Mr.
Martine, to the effect that they would furnish everything but the
manpower.
41
BOOK 6 0 F'r,169, 6
APR 24 1985
Boa 60 F,.r 607
He explained that shortly after that meeting occurred, Mr.
Martine went on vacation and is not expected back till next week.
Tom Buchanan, President of the AARP, congratulated the
Commission for this decision because he felt it is a victory for
volunteerism, and believed that through mediation all emergency
medical efforts would mesh.
Fred Mensing of Fellsmere urged the Board to support this
effort in volunteerism.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
passed unanimously.
Chairman Lyons advised Mayor Tyson that the Boards wants to
help them as much as possible in getting this straightened out
and moving ahead.
42
w
M
41
am
EMERGENCY MEDICAL SERVICES
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
WHEREAS, the FELLSMERE VOLUNTEER Ambutanee Sehvice pnovedea
gquuat ty emeAgeney medtcaZ smficeb a citizenA o6 INDIAN RIVER County;
WHEREAS, fihene has been demon tka ted that fihene iA a need Jot fih is ambu once a env ice
to operate in fih iz county to ptov ede eaa enii.a e z eAv iced to the v-itizens of fihi,a
County; and,
WHEREAS, the above ambu°anc.e aenvi.ce'has indicated that it zW eompty with at t the
rcequiuementa o6 the EmeAgency Medica.P Senvicea Act og 1973, the BoaAd o6 County
Commizzioneu of INDIAN RIVER County heAeby iazua a Ce ti6icafie'oj Pubtie
Convenience and Neceuity to tka am ce company jon the yeah 12RS
In -i.a su i ng thiz ce tij ica to it i6 undeutood ' fiha t the above named ambutanee a env ic.e
wi.0 meet the %equiAement6 o6 Skate Leg -c talion and pnovi.de emengeney ae&vices on
a twenty-6oun hour basis ion the jottow� area (6) :
INDIAN RIVER COUNTY
r- I
1
NORTH COUNTY FIRE DISTRICT
BOOK CIO ui,E 699
The Board of County Commissioners recessed at 10:50 o'clock
A.M. in order that the District Board of the North County Fire
District might convene. Those Minutes are being prepared
separately.
The Board reconvened at 11:18 o'clock A.M. with the same
members present.
INTERIM ASSISTANCE PROGRAM
The Board reviewed the following memo dated 4/12/85:
TO: Honorable Board of DATE: April 12, 1985 FILE:
County Commissioners
THRU: Michaelfight,
Administ or SUBJECT: Interim Assistance
n
THRU: Jeff Barto
Program
Director OMB .
FROM. Joann Mixon REFERENCES:
Welfa Department Director
The State of Florida, Department of Health and Rehabilitative
Services (HRS) entered into an Interim Assistance Agreement with
the Secretary of Health and Human Services (HHS) on.November 3,
1975. Under this agreement, the State serves only as a "contrac-
tual intermediary" between HHS and participating counties. In
other words, each participating county has a direct working
relationship with the Social Security Administration.
Frequently, while awaiting disposition of an application for
Supplemental Security Income (SSI), individuals turn to the
County for temporary assistance because Florida does not have a
General Assistance Program. The IAP Agreement allows the Social
Security Administration to reimburse a participating county for
interim assistance paid to individuals pending adjudication of
their SSI applications. The Social Security Administration will
send the initial SSI payment including any retroactive payments,
to the County Welfare Office instead of to the individual. The
County may be reimbursed from the initial SSI check for General
Assistance provided soley from local funds.
In view of this information, I am attaching a tentative proposal
for your consideration. This proposal is expanding our present
guidelines, for this program only, to include rent/mortgage and
utility payments.
44
I have surveyed 10 other counties who participate in this program,
and feel the Welfare Department may be able to make the correct
determination approximately 50% of the time due to the complexity
surrounding eligibility and whether or not the disablement will
continue for 12 months. In any event, by participating we could
recapture a portion of our expended funds that would otherwise
be lost. We could be a service to our residents in this type of
need, that presently Indian River County Organizations do not
provide. I will appreciate PP your due consideration and will be
happy to answer any questions you might have.
i
MOTION WAS MADE by Commissioner Scurlock, SECONDED
by Commissioner Bowman, that the Board approve the
proposal to expand our present guidelines to include
rent/mortgage and utility payments for this program
only.
Joann Mixon,.Welfare Department Director, requested that
Indigent hospitalization also be added to the text of the
proposed agreement.
THE CHAIRMAN CALLED FOR THE QUESTION with the
inclusion of the indigent hospitalization. The
Motion was voted on and carried unanimously.
Director Mixon advised that the program would not begin
until October 1, 1985 when, hopefully, money will be budgeted for
rent and utilities.
REVISED GUIDELINES ARE ON FILE IN THE OFFICE OF THE CLERK
REVISION OF PROFESSIONAL AGREEMENT - SIPPEL, MASTELLER, LORENZ &
HOOVER, INC.
Utilities Director Terry Pinto explained that we presently
have an agreement with Sippel, Masteller, Lorenz 8 Hoover that
was entered into on a form prescribed by Farmers Home Adminis-
tration for the SR -60 waterline. Because we hope to be closing
45
APR 24 1985 "
BOOK 60 Fr°!.GE 700
APR 24 1985
BOOK
C0
1
P,�cE i
FHA out
of that project by the end of this month, staff
is
recommending that we revise that agreement to a standard form
prepared by the County Attorney's office which will be utilized
for all of our consultants.
MOTION WAS MADE by Commissioner Scurlock, SECONDED
by Commissioner Bowman, that the Board approve the
revised agreement with Sippel., Masteller,
Lorenz & Hoover, Inc.; with the stipulation that
the standardized form will mandate an annual evaluation
of the relationship with the consultants even though we
have the ability to cancel every 30 days.
Director Pinto explained that policy has been to advise all
of our consultants that each job they do is assessed to determine
whether they will do another job for the County.
Commissioner Wodtke asked if there were any rate changes in
this revision, and Director Pinto stated there were none. It was
part of an FHA project and there was a lump sum figure for the
SR -60 project. There is a breakdown of individual rates. Each
proposal that is made for a specific job is brought back to the
Board for a work authorization. He noted that the Board is not
authorizing any additional work at this time.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
passed unanimously.
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT made and entered into this 24th day of
April ,1985, by and between SIPPEL, MASTELLER, LORENZ &
HOOVER, INC., a New Jersey corporation, hereinafter referred to as
"Consultant" and INDIAN RIVER COUNTY, FLORIDA, a
political subdivision of the State of Florida, hereinafter
referred to as "COUNTY."
W I T N E S S E T H
WHEREAS, the COUNTY desires to engage a consulting
engineering
firm to
provide professional services relating to
the
Indian River
County
water main extensions and storage tanks
and
relating systems; and
WHEREAS, the COUNTY has followed the selection and
negotiation process, in accordance with the Florida Consultants
Competitive Negotiation Act of 1973 (Chapter 287.055, Florida
Statutes, as amended; and
WHEREAS, the COUNTY desires to enter into a
professional services agreement with the consulting engineer to
provide general consulting and engineering services as may be
needed and authorized from time to time by the COUNTY.
NOW, THEREFORE, AND IN CONSIDERATION OF the
premises and mutal covenants hereinafter recited and for other
good and valuable consideration, the receipt of which is hereby
acknowledged, the parties agree as follows:
ARTICLE 1. AUTHORIZATION OF WORK:
la. All work to be performed by the Consultant under this
agreement shall be authorized in writing by the Board of
County Commissioners through the County's representative
appointed in accordance with Article 7b below.
lb. The authorization shall contain a description of the
work to be undertaken, reference to the appropriate
section of this Agreement for the performance of the
work and reference to the appropriate section of this
Agreement for payment of the work. Further, the
authorization shall contain a budget amount of the fee
to be paid based upon the applicable method for
calculating the fee, and such budget amount shall not be
exceeded unless prior written approval and an increase
in funds available are provided by the County. In the
event the County does not approve a revised budget and
additional funding, and the need for such action is not
shown to be the fault of the Consultant, then the
authorization shall be terminated and the Consultant
shall be paid in full for all work performed to that
point.
S i��
-1-
APR 24 1985 BOOKF�.��
APR 24 19851c.
BOOK 0 703
The form and format of the budget described in Article
lb above shall be in sufficient detail so as to identify
the various elements of cost and shall be subject to the
approval of the County.
ld. The authorization may contain additional provisions
specific to the authorized work for the purpose of
expanding upon certain aspects of this agreement
pertinent to the work to be undertaken. Such
supplemental instruction or provision shall not be
construed as a modification of this agreement.
le. Authorizations shall be dated and serially numbered.
ARTICLE 2. CONSULTING SERVICES:
The Consultant agrees to provide continuing consulting,
review and advisory services.
ARTICLE 3. STUDY AND REPORT SERVICES:
The Consultant
agrees to
conduct
engineering
investigations and
studies and
to prepare
engineering
reports and cost
estimates
pertaining
to specific
assignments as may
be authorized
by the County from time
to time, all in
accordance with sound
engineering
practices.
ARTICLE 4. PROJECT DESIGN SERVICES:
4a. The Consultant agrees to prepare detailed construction
drawings, specifications and contract documents suitable
for inviting construction bids for such projects as may
be authorized by the County.
4b. The work shall include the preparation of an estimate of
probable cost of construction based upon completed
construction plans.
ARTICLE 5. GENERAL SERVICES DURING CONSTRUCTION:
5a. The Consultant hereby agrees to furnish general
engineering services during construction of projects for
which drawings, specifications and contract documents
have been previously prepared by the Consultant. The
services shall include advice and assistance to the
County in the receipt and analysis of bids and the award
of construction contracts, advice during construction,
preparation of such sketches as are needed to resolve
actual field conditions, the review of shop drawings and
working drawings submitted by the contractors, visits to
the site at intervals appropriate to the various stages
of construction to observe as an experienced and
qualified design professional and the progress and
quality of the executed work of contractors and to
determine in general if such work is proceeding in
accordinace with the contract documents, review of cost
estimates for payments to the contractors during the
progress of and upon completion of the contracts, and to
oversee the final testing and final inspection of
completed works.
5b. The Consultant shall not be required to make exhaustive
or continuous on-site inspections to check the quality
or quantity of such work. The Consultant shall not be
responsible for the means, methods, techniques,
sequences or procedures of construction selected by
contractors or the safety precautions and programs
incident to the work of contractors. During such visits
and on the basis of on-site observations, the Consultant
shall keep the County informed of the progress of the
work, shall endeavor to guard the County against defects
and deficiencies in such work and will disapprove or
reject work failing to conform to the contract
documents. _2_
M
ing by the County, a
resident project representative mutually acceptable to
both parties will be furnished and will act as directed
by the Consultant in order to assist the Consultant in
observing performance of the work of contractors.
(1) The duties and responsibilities and the limitations
on the authority of the resident project representative
and assistants will be set forth in a work
authorization.
(2) Through the more extensive on-site observations of
the work in progress and field checks of materials and
equipment by the resident project representative (if
furnished) and assistants, the Consultant shall endeavor
to provide further protection for the County against
defects and deficiencies in the work of contractors; but
the furnishing of such resident project representative
will not make the Consultant responsible for
construction means, methods, techniques, sequences or
procedures or for safety or programs or for contractors'
failure to perform their work in accordance with the
contract documents.
ARTICLE 6. SUPPLEMENTARY AND SPECIAL SERVICES.
The Consultant agrees to furnish the following
supplmentary and special services as may be authorized
from time to time.
6a. To make, or to have made by others under the direction
of the Consultant, necessary field surveys (including
easement plans and descriptions) not otherwise provided
by the County, traffic surveys, subsurface explorations
including the analysis thereof required for construction
plans, laboratory testing and inspection of samples or
materials, and other special studies and consultations.
6b. To prepare necessary State and Federal grant
applications forms, provide additional engineering
services, special plans and descriptions, as required,
to assist the County in obtaining various permits and
approvals for construction and operation, and to prepare
for and attend public meetings and hearings as
requested.
6c. To furnish extra copies of drawings, specifications,
contract documents, special drawings and reports as
requested by the County.
6d. To review and report on materials and equipment
submittals tendered by bidders and contractors when such
submittals are alternatives to those specified or
previously approved.
6e. To review and report on claims for extras submitted by
contractors.
6f. To prepare and submit proposed contract change orders
when requested by the County.
6g. To prepare a set of reproducible record drawings of the
completed work based upon marked -up prints, drawings and
other data furnished by the Contractor to the Consultant
showing those changes made during the construction
process and which the Consultant considers significant.
6h. To revise previously approved studies, reports, design
documents, drawings and specifications.
6i. To prepare detailed renderings, exhibits or scale models
or projects.
-3-
�®
APR 24 1985 MOO Fa.J� i
ARTICLE 7. COVENANTS BY THE COUNTY:
BOOK GO'n[ 705
The County hereby covenants and agrees:
7a. To promptly pay the fees to the Consultant in the
amounts and at the times specified herein.
7b. To appoint a single representative with respect to work
to be performed under this agreement. This
_ representative shall have authority to transmit
instructions, receive information, interpret and define
the County's policy and decisions pertinent to the work
covered by this agreement.
ARTICLE 8. PAYMENT FOR SERVICES:
The County agrees to pay the Consultant for all services
authorized and performed in accordance with the
following schedule subject to the upper limit set out in
each authorization as described in Article 1:
8a. For the consultations, review and advisory services as
described in Article 2, the investigations, studies and
reports as described in Article 3, project design
services described in Article 4, construction described
in Article 5, and the supplementary and special services
described in Article 6, the fee shall be the following
Items (1) and (2) unless the method of payment is as
described in 8b or 8c:
(1) A list of hourly rates (schedule of hourly rates) is
set forth as Exhibit "A" which is identified, attached
to, and made a part of this agreement.
(2) Out-of-pocket travel and subsistence expenses when
authorized by the County. Out of Indian River County
travel when authorized shall be at the mileage rate
currently in effect for County personnel. Payment for
in -county travel is not authorized except when
authorized in conjection with resident project
representation for specific construction projects. In
such case the amount of payment shall be at the mileage
rate currently in effect for County personnel.
8b. For the detailed construction drawings, specifications
and contract documents and all work described in Article
4, a lump sum fee to be mutally agreeable at the time
when the authorization is considered.
8c. Such other method or methods for calculating the fee as
may be mutually agreed by the parties hereto.
8d.
ARTICLE
All fees shall be due and payable monthly. The amount
due shall be deteremined as the costs are incurred for
services performed under Article 8a above and in
proportion to the work completed to the total work for
services performed under Article 8b and 8c above,
subject to the upper limit set out in the authorization
as described in Article 1.
9. TERMINATION:
9a. This agreement may be terminated by either party by
thirty (30) days written notice. If terminated, the
Consultant shall be paid in accordance with Article 8
herein for all work previously completed as authorized
under this agreement, to the date of Notice of
Termination.
-4-
9b. Consultant shall furnish reproducible copies of all
reports, drawings and specifications developed pursuant
to this agreement; however, all documents including
drawings and specifications furnished by Consultant
pursuant to this agreement are instruments of his
services in respect to the Project. They are not
intended or represented to be suitable for reuse by
County or others on extensions of the project or on any
other project. Any reuse without specific written
verification or adaption by Consultant will be at
County's sole risk and without liability or legal
exposure to Consultant. .
IN WITNESS WHEREOF, the parties hereto have affixed
their hands and seal the day and year first above written.
County Administrato
ApprovJe-to form
and l : sufficiencv
"ry m . is r a n�a ud
Count Attorney
Attest:
COUNTY
INDIA„ IVER COUNTY
BO + D CIF COUNTY COMMISSIONERS
-5-
CONSULTANT
SIPPEL, MASTELLER,
LORENZ & HOOVER, INC.
k) tjl
B y
c�
(corporate 'se�'lYI
ri��X PO P��F 0 06
APR
SCHEDULE OF FEES
EFFECTIVE APRIL 1, 1985
HOURLY RATES FOR TECHNICAL PERSONNEL
1. Principal Engineers
2. Project Engineer
3. Staff Engineers
4. Draftsmen
REIMBURSABLE EXPENSES
1. Travel outside of Indian River County
2. Miscellaneous charges
a. long distance telephone or telex
b. unusually large Xerox productions
c. unusually large blueprint quantities
d. special printing
3. Subconsultants
a. specialized engineering testing firms
b. specialized laboratories
C. electronic & instrumentation technician
d. surveyors
-6-
BOOK O PAGE E107
$65.00/Hr.
$50.00/Hr.
$40.00/Hr.
$30.00/Hr.
Per 8a(2)
At cost
At cost
SAND REPLENISHMENT AND DUNE RESTORATION AT WABASSO BEACH AND
TRACKING STATION PARKS
The Board reviewed the following memo dated 4/16/85:
TO: Michael Wright DATE: April 16, 1985 FILE.-
County
ILE.County Administrator
SUBJECT: Dune Restoration
FROM: TommyTho s I REFERENCES:
S.
Intergove nme�tal oordinator
Attached is a memorandum from James Davis and Don Finney
with estimates for Dune Renourishment at Wabasso Beach and
Tracking Station Parks.
I further recommend that this work be done as indicated
to protect the dunes and the crossover structures at these
two parks.
Funding in the amount of $35,800 as indicated should
come from the General Fund Contingency Account Number
001-199-581-99.91 which has a current balance of $314,537.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously approved
staff's recommendation for sand replenishment and dune
restoration at the Wabasso Beach Park and the Tracking
Station Park in the amount of $35,800, funding.to come
from the General Fund Contingency Account No.
001-199-581-99.91.
DISCUSSION RE SEWAGE TREATMENT AGREEMENT AND LEASE - CHAMPION
HOME COMMUNITIES, (HERON CAY)
Attorney Brandenburg explained that this is an agreement
that they have been working on for sometime now and advised that
the representatives of Champion Home Communities were in
attendance today. The agreement was originally put on the agenda
today for the Board's review and comments, but a few changes were
53
APR 24 1985 BOOK A 708
APR 24 1985 BOOK-0 P1GE 709
agreed upon yesterday during negotiations with Mr. Glova of
Champion Home Communities. Attorney Brandenburg believed they
have reached a final agreement now with a couple of minor changes
and if the Board would like to hear those, we could get
authorization for execution of the agreement today. Otherwise,
those changes will be made and the agreement brought back to the
Board at next week's meeting.
Director Pinto recalled that the Board had authorized the
Utilities Department to enter into an agreement with an engineer
to design a wastewater system to service the SR-60 corridor and
west County area. This system was designed to eliminate some 39
possible package plants that would have been built if the system
was not available. To make the system viable, 2000 units were
need. However, some 4000 units were pledged to the system.
Staff wants to move along with the building of the transmission
line and also the treatment plant, which will take a little more
time and design. The Heron Cay park was not a part of this
system initially, but there is a brand new treatment plant
constructed on the site of this mobile home park which only had 4
customers at the time we started negotiating with them to use
their plant while we are waiting for the County treatment plant
to be build. We approached the owners of Heron Cay and they have
agreed to enter into and agreement and also add their customer
base to our project, which is some 632 units or $780,000. We
have been discussing with the DER whether they will allow us to
utilize this plant on an interim basis and although, initially,
this fell on deaf ears, Director Pinto felt very confident the
problem with the DER would be resolved especially since taking
some malfunctioning plants off line and putting their flow into a
plant such as this would certainly improve the environmental
conditions. With all that in mind, staff has negotiated an
agreement and recommend that it be approved with the amendments
as mentioned by Attorney Brandenburg.
54
Chairman Lyons asked how we stand with the DER on our plans
for the west county plant, and Director Pinto reported that they
have issued permits for the construction of the collection and
transmission line. The project is out to bid and we should be
receiving bids the first week in May. The plant has been
designed and we have applied for a permit to build the plant and
they should be coming out with their comments on that any day
now. The higher echelon of the DER has been extremely
cooperative and likes the project very much, but getting through
to some of the lower echelon has been the problem.
Administrator Wright advised that the validation hearing is
scheduled for Monday and we should have the money to build the
line in 30 days, barring any complications.
Director Pinto noted that the situation is very much "GO"
and we should meet our dates. He would, however, like leave the
bids for the plant itself out a little longer, perhaps another 30
days, in order to ensure more participation.
Attorney Brandenburg reviewed the following modifications:
Page 7, Section 2.2 - Term of Lease
This will be modified so that the lease runs for one year from
the date it is executed, plus it gives the County the additional
ability to extend it for 4 consecutive 3 -month periods. Page 8,
Section 2.3 - Rental Rate
The $160,000 figure is reduced to $100,000. Attorney Brandenburg
advised that "connection fee" is adequately defined.
Page 8, Section 2.4 - Payment of Rents
It states that the County provides the company with one year of
free service and then if we are present at the site during the
beginning or any part of the successive 3 -month periods, the
County must give them free service for the entire 3 -month period.
Commissioner Scurlock clarified that it is not really free
service -- it is service in lieu of rent. Director Pinto noted
that the service is not in addition to the $100,000; the maximum
5 5 BCGK ® P� `F I
APR 24 1985
Boor * 0 P,, Lc 71
credit they can get for the service is $100,000, and he
anticipated that it would come to only 50% of that.
Page 11
The language re their application to add more mobile homes to the
site has been modified to indicate that the County staff will
support and recommend approval if the project meets County
regulations at all public hearings.
Page_20, (d) Liens
Add the language "other than impact fee assessments" to the end
of that sentence.
Page 21
On the third line from the top of the page, strike the word "use"
from the sentence and continue: "...nor allow other persons to
possess, occupy or operate the Sewerage Facility or Easements
without such prior written consent".
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously approved
the Sewerage Treatment Facility Agreement and Lease
with Champion Home Communities, Inc. (Heron Cay), with
the modifications reviewed by the County Attorney, and
authorized the Chairman's signature.
AGREEMENT AND LEASE IS ON FILE IN THE OFFICE OF THE CLERK
REQUEST FOR STATE BOARD OF ADMINISTRATION TO WAIVE INTEREST
CEILING IMPOSED ON FLORIDA COUNTIES IN THE SELLING OF COUNTY
BONDS
Attorney Brandenburg reviewed a draft of a letter to the
State Board of Administration requesting a waiver of the maximum
interest rate applicable to the selling of county bonds. This is
needed to sell the $5,165,000 Improvement Bonds, Series No. 2,
which will be purchased by the Florida National Bank at a private
sale pursuant to the loan commitment from the bank. He explained
56
W
that Florida National Bank is squeamish due to possible changes
in the taxability of interest earned on municipal bonds and has
requested a clause stating that, if the bonds become taxable,
they will receive the same after-tax yield as they would if they
were not taxable. To accomplish this we have to request a waiver
of the maximum interest rate applicable to Florida counties.
Telephone: (305) 567-8000
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously
approved the following letter be sent to the
State Board of Administration applying for a waiver of
the maximum interest rate applicable to counties with
respect to Indian River County Improvement Bonds,
Series No. 2 ($5,165,000), and authorized the
Chairman's signature.
BOARD OF COUNTY COMMISSIONERS
1840 25th Street, Vero Beach, Florida 32960
April 24, 1985
•
Dr. E. J.Yelton,
Executive Director
State Board of Administration
Post Office Drawer 5318
Tallahassee, FL 32301
Re: $5,165,000 Indian River County, Florida
Improvement Bonds, Series No. 2
Dear Dr. Yelton:
Suncom Telephone: 424-1011
In accordance with the provisions of
Section 19-5.02 of the Rules
of the State
Board of Administration,
Indian River County,
Florida
(the "County"),
hereby applies for
authority to sell the
above
bonds at an
interest rate in excess of
the maximum set by law.
APR 24 1985
57
eacE
Ib. E �
•
BOOK 60 Ft.k 713
The maximum average net interest cost rate desired by the County
is 11.75%, 200 points above the applicable 20 Bond Buyer Index.
The bonds will be purchased by Florida National Bank at private
sale pursuant to the loan commitment from the bank. The purchase
price will be par. Since the bank is a sophisticated purchaser,
no, official statement or prospectus will be prepared in connection
with the bond issue.
Enclosed you will find the following:
(1) A certified copy of the resolution authorizing the
issuance of the bonds;
(2) Financial data relating to the anticipated revenue,
debt service an -d coverage with respect to the bonds; and
(3) The most recent financial statement of the County.
The bond validation hearing has been scheduled for April 29, 1985;
therefore, no final judgment of validation is available at this
time.
If you require any further information, please contact Mr. Gary M.
Brandenburg, County Attorney, 1840 25th Street, Vero Beach, FL
32960, (305) 567-8000 or. Judson Freeman, Jr., Esq., 1200 Barnett
Bank Building, Jacksonville, FL 32202, (904) 353-1264, bond
counsel to the County.
Very truly yours,
PWa4ma
LJt7
n
PBL/Fk
PERMISSION TO DRAW ON IRREVOCABLE LETTER OF CREDIT, RYANWOOD
SHOPPING CENTER
The Board reviewed the following memo:
ALAN KIRCIINEn.
PRESIIIENT
IRREVOCABLE LETTER OF CREDIT
DATE ISSUED: March 27, 1985
DATE OF EXPIRATION: May 1, 1985
APPLICANT: Kings Highway Plaza Partnership, A Flordia General
Partnership
BENEFICIARY: Indian River Country
Department of Building & Zoning
Vero Beach, Florida,_j2R6D
58
We hereby open our irrevocable and unconditional Letter of Credit
in your favor for the account of Kings Highway Plaza Partnership
for a sum of $78,000.00 available on the following terms:
This Letter of Credit is being provided for the purposes of
securing the construction of a waste water treatment facility
for a shopping center to be located on the corner of Florida
Highway 60 and King's Highway in Indian River County, Flordia..
This Letter of Credit is not transferrable.
The funds of this Letter will be on deposit and available to be
drawn by Indian River County in the event of the default in the
agreement between the company and the county. Drafts must be
presented at this bank on or before May 1, 1985. Drafts under
this credit must be marked upon their face, "Drawn Under The
American Bank Letter of Credit."
We hereby agree with the drawers, endorsers, and bona fide holders
of drafts drawn under and in compliance with the terms of this
Letter of Credit that such drafts shall be duly honored on
presentation of a written statement signed by the proper official
for Indian River County that the above company is in default under
the terms of it's agreement.
Yours vel truly,
C
Alan Kirchner
President
Attorney Brandenburg recalled that the Board approved
drawing down the original Letter of Credit one month ago and the
developer came in on the last day and submitted a renewed Letter
of Credit to us, but it was drawn on a Wisconsin bank and only
for 30 days because he had hopes of getting a local bank to issue
him a Letter of Credit for an extended period of time within that
30 -day period. The developer informed us this morning that he
was going to get another 30 -day Letter of Credit and try to do
o the same thing over again. Attorney Brandenburg suggested that
we tell him that we are -not interested in any more 30 -day Letters
of Credit and that a Letter of Credit should be for a minimum of
four months and drawn on a local bank; otherwise, authorize the
County Attorney's office to go to Wisconsin and call down his
Letter of Credit.
MOTION WAS MADE by Commissioner Scurlock, SECONDED by
Commissioner Bowman, that the Board approve the County
Attorney's recommendation as above.
59
APR 24 1985 eooK 60 Fi F 014
APR, 24'985 Boor. tin Fa; 715
Commissioner Wodtke asked if, basically, they have
defaulted, and Attorney Brandenburg explained that they have
defaulted only in respect to letting their Letter of Credit run
out which was to guarantee the building of a wastewater plant in
the event that the County's efforts in building a wastewater
system failed. We don't anticipate that the developer will have
to build the plant, but we still want the Letter of Credit
available guaranteeing that terminology..
Commissioner Bowman understood that we can require them to
deal with local or Florida banks, and Attorney Brandenburg
confirmed that we can and the reason for that is that we don't
want to fly to some other state to call down a Letter of Credit.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
passed unanimously.
STATE LEGISLATIVE UPDATE
No update was given at this meeting.
FELLSMERE GRADE ROAD ISSUE TO BE DISCUSSED WITH ST. JOHNS RIVER
WATER MANAGEMENT DISTRICT
Chairman Lyons asked how we stand on the Fellsmere Grade
issue to be discussed with the Water District on May 8th, and
Administrator Wright reported that staff's position will be given
at the May 1st meeting of the Board of County Commissioners.
Commissioner Bird asked if we had a response to our request
to place the matter of firearms range location on the agenda for
that meeting, and Attorney Brandenburg advised that no response
to our letter has been received as yet.
ESTABLISHMENT OF APPOINTMENTS TO OCCUPATIONAL LICENSE REVIEW
COMMITTEE
Commissioner Wodtke recommended that the committee be
comprised of himself, Tax Collector Gene Morris, County Attorney
60
1
Gary Brandenburg, a representative of the Chamber of Commerce and
one representative each from the realtor, building and merchant
industries. He asked the Commission if that was an acceptable
approach.
The Commissioners felt it was.
Administrator Wright stressed that County staff members
should not be voting members and should serve only as ex officio
members.
Commissioner Wodtke advised they would get some names back
to the Board.
There being no further business, on Motion duly made,
seconded and carried, the meeting adjourned at 11:45 o'clock A.M.
61 BOOK 'T 716
APR 24 1985