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HomeMy WebLinkAbout6/25/1986Wednesday, June 25, 1986 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, June 25, 1986, at 9:00 o'clock A.M. Present were Patrick B. Lyons, Vice Chairman; Richard N. Bird; Margaret C. Bowman; and William C. Wodtke, Jr. Absent was Don C. Scurlock, Jr., Chairman, who was out of state attending the American Waterworks Conference in Colorado. Also present were L. S. "Tommy" Thomas, Acting County Administrator; Charles P. Vitunac,*Attorney to the Board of County Commissioners; Joseph Baird, OMB Director; and Virginia Hargreaves, Deputy Clerk. Vice Chairman Lyons, acting as Chairman in the absence of Chairman Scurlock, called the meeting to order, and Commissioner Bowman led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Acting Administrator Thomas advised that he would like to have Consent Agenda Item J - Application for Installation of NCIC/FCIC Computer Terminal in the New Jail Complex - deleted from the agenda. 1� Attorney Vitunac requested the addition under his matters of an endorsement letter and resolution re industrial bond money for a nursing home to be built by Florida Convalescent Centers. Vice Chairman Lyons wished to add discussion of a letter received from the Town of Fellsmere and the Drainage District requesting to be added to the County's health insurance plan. ON MOTION by Commissioner Wodtke, SECONDED by Commis- sioner Bird, Chairman Scurlock being absent, the Board unanimously (4-0j approved the addition and deletion of items on today's agenda as described above. BOOK 64 Fa.;EVS JUN 2 5 1996 BOOK APPROVAL OF MINUTES 64 pmu- 779 The Vice Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of May 28, 1986. Commissioner Bowman questioned the wording in the Motion on Page 19 - "we would like to see them come back in...." and wished to know who "them" referred to. It was explained that this should be corrected to read "we would like to see the Sebastian Inlet District come back in...." Commissioner Bowman then advised that in the next to last paragraph on Page 21 the word "chlorine" should be replaced by eq "flouride." These corrections having been made, ON MOTION by - Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously (4-0) approved the Minutes of the Regular Meeting of May 28, 1986, as written. The Vice Chairman asked if there were any additions or corrections to the Minutes of the Special Meeting of May 29, 1986. There were none. ON MOTION by Commissioner Wodtke, SECONDED by Commis- sioner Bowman, the Board unanimously approved the Minutes of the Special Meeting of May 29, 1986, as written. CONSENT AGENDA Vice Chairman Lyons noted that Item J had been deleted as requested by Acting Administrator Thomas, and Attorney Vitunac requested that Item E be removed for discussion. A__Approval S Transmittal of Annual OEDP Report The Board reviewed memo of Staff Planner Goulet: 2 TO: The Honorable Members DATE: of the Board of County Commissioners June 16, 1986 FILE: DIVISION HEAD CONCURRENCE: I- SUBJECT: Robert M. Keati , 5pcp Planning & Development Director THROUGH: Richard Shearer, AICP Chief, Long -Range Planning APPROVAL AND TRANSMITTAL OF THE ANNUAL OEDP REPORT TO THE ECONOMIC DEVELOP- MENT ADMINISTRATION FROM2effrey A. Goulet REFERENCES: Staff Planner, Long -Range Planning It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of June 25, 1986. DESCRIPTION & CONDITIONS On June 3, 1986, the Overall Economic Development Plan (OEDP) Committee met to discuss a draft annual report on the County's OEDP. The Annual OEDP Report is due to the Economic Development Administration by June 30, 1986. This report is required in order for Indian River County to maintain its "redevelopment area" status and its eligibility to apply for federal technical assistance funds. The Annual OEDP Report must include the following items: 1) A review of past year's accomplishments; 2) Report on any significant changes in the economy and its development potentials; and 3) An update of the County's $evelopment strategies and course of action planned for the coming two years. This shall include any projects that may require EDA financial assistance. The County planning staff prepared the final annual report based on the Committee's review of the draft report at the June 3 meeting. The Committee felt that no additional meetings were necessary. The annual report reflects the past year's accomplishments by the Economic Development Council and minor changes to the OEDP. RECOMMENDATION Based on the OEDP Committee's review, staff recommends that the Board of County Commissioners approve the Annual OEDP Report and authorize staff to transmit the report to the Economic Development Administration. ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Wodtke, the Board unanimously (4-0) approved the Annual Overall Economic Development Plan and authorized staff to transmit same to the EDA. OEDP Report is on file in the Office of Clerk to the Board. 3 JUN 2 5 W6 BOOK 64 FA.,Ur (8O B__1990 Census Tract _& Block Group Proposal Boa 64 rmu 781 The Board reviewed memo of Staff Planner Goulet: TO: The Honorable Members DATE: June 16, 1986 FILE: of the Board of County Commissioners DIVIS ON HEAD CONCURRENCE: SUBJECT: APPROVAL AND TRANSMITTAL RbtS-erti M. eatirfg A'"fI OF THE 1990 CENSUS TRACT Planning & Developmen Director AND BLOCK GROUP PROPOSAL TO THE U.S. CENSUS BUREAU THROUGH: Richard Shearer, AICP Chairman, Census Statistical Area FROa.ommittee REFERENCES: Jeffrey A. Goulet Staff Planner, Long -Range Planning It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of June 25, 1986. DESCRIPTION & CONDITIONS In November of 1985, the Board of County Commissioners appointed a Census Statistical Area Committee to review the geographical boundaries for the 1990 c___as. The committee consists of the following members: . Wendy Bird, 1980 Statistical Area Key Person Ann Robinson, County Supervisor of Elections Walter Young, City of Vero Beach Planning Director Deborah Krages, City Clerk, City of Sebastian Ken Evitt, Administrative Assistant, Indian River County School District Qobert M. Keating, Director, Indian River County Planning and Development Division Richard Shearer, Chief, Long -Range Planning, 1990 Statistical Area Key Person/Chairman On May 22, 1986, the Committee transmitted a copy of the proposal to the mayors of all of the municipalities within the County for their review and comment. The Committee did not receive any comments from the municipalities and concluded that there was no conflict with the proposal. ALTERNATIVES & ANALYSIS The County planning staff has worked with the Committee to analyze and revise the current census geography. The U.S. Census Bureau has defined strict criteria which the Committee used in preparing the 1990 Census Tract and Block Group Proposal. These proposed tracts and blocks will be utilized primarily at the staff level to analyze socio-economic data in the County. Because of the strict criteria established by the census bureau, it was not possible to have census tract boundaries follow city limit boundaries. A proposed census map and legal descriptions defining the proposed tracts and block groups is attached. Due to the large increase in population since the census geography was last 4 updated, many new tracts were required. The Committee feels that this proposal will adequately meet the needs of the Census Bureau and provide the County with a much more detailed and accurate data base for the coming decade. RECOMMENDATION Based on the Census Statistical Area Committee's work, staff recommends that the Board of County Commissioners approve the 1990 Census Tract and Block Group Proposal and authorize staff to transmit the proposal to the U.S. Census Bureau for review. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously (4-0) approved the 1990 Census Tract and Block Group Proposal and authorized staff to transmit same to the U.S. Census Bureau for review. COPY OF THE ABOVE PROPOSAL is on file in the Office of Clerk to the Board. C. Liens - Nuisance Structure Demolition The Board reviewed memo of Assistant County Attorney Wilson: TO: The Board of DATE: June 17, 1986 County Commissioners SUBJECT: Nuisance Structure Demolition FROM: Je : Wilson ` As. ant County Attorney The Liens attached hereto relate to nuisance structures which were demolished pursuant to the order of the Board of County Commissioners. The owners of the land upon which the structures existed have not paid these assessments as of this date. After signing, the Liens will be filed in the public records to secure payment of the demolition costs. ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Wodtke, the Board unanimously (4-0) authorized Vice Chairman Lyons to sign Liens against property owned by the following: �19 Willie Bell Davis Beulah Anderson Lylphia Noble John Lincoln 5 BOOK 64 FmuE 782 r 'JUS! 2 5 1966 LIEN BOOK 64 fnIJE783 THIS LIEN, filed the day of , 1986 by INDIAN RIVER COUNTY, a poIiticaT—subdivision o_Fthe State of Florida, pursuant to the authority of Indian River County Code of Laws and Ordinances, Chapter 4, Article II, Sections 4-16 through 4-24, for cost incurred by the Board of County Commissioners of Indian River County, Florida, to remove a nuisance structure from property located within Indian River County, and described as follows: SPRUCE PARK SUBDIVISION Lot 3, Block 4 Parcel No. 26-32-39-00.005-0040-00003.0 The name of the record owner of the above-described property is: Zylphia Noble THIS LIEN is filed to secure the payment of Seven Hundred Fourteen and 83/100 Dollars ($714.83), against the owner by the undersigned, for the cost of demolition and removal against the real property. THIS LIEN shall, from the date of filing, accrue interest at the rate of twelve percent (12%) per annum, until the total amount, including interest, has been paid. BOARD OF UNI ,BY. a Vice Chair LIEN COMMISSIONERS yon n THIS LIEN, filed the day of , 1986 by INDIAN RIVER COUNTY, a political^ subdivision oF the State of Florida, pursuant to the authority of Indian River County Code of Laws and Ordinances, Chapter 4, Article II, Sections 4-16 through 4-24, for cost incurred by the Board of County Commissioners of Indian River County, Florida, to remove a nuisance structure from property located within Indian River County, and described as follows: ESPY'S SUBDIVISION Lot 20 Parcel No. 26-32-39-08-0000-020.0 The name of the record owner of the above-described property is: Willie Bell Davis THIS LIEN is filed to secure the payment of Two Thousand Fifty -Nine and 87/100 Dollars ($2,059.87), against the owner by the undersigned, for the cost of demolition and removal against the real property. THIS LIEN shall, from the date of filing, accrue interest at the rate of twelve percent (120) per annum, until the total amount, including interest, has been paid. BOARD Of,-�UNTY COMMISSIONERS a I c c on 6 Vice Chair an LIEN THIS LIEN, filed the day of 1986 by INDIAN RIVER COUNTY, a politicaT—subdivision oT tTie State of Florida, pursuant to the authority of Indian River County Code of Laws and Ordinances, Chapter 4, Article II, Sections 4-16 through 4-24, for cost incurred by the Board of County Commissioners of Indian River County, Florida, to remove a nuisance structure from property located within Indian River County, and described as follows: HILLCREST SUBDIVISION Lots 10 and 11, Block 5 Parcel No. 26-32-39-00002-0050-00010.0 The name of the record owner of the above-described property is: Beulah Anderson THIS LIEN is filed to secure the payment of Seven Hundred Fourteen and 83/100 Dollars ($714.83), against the owner by the undersigned, for the cost of demolition and removal against the real property. THIS LIEN shall, from the date of filing, accrue interest at the rate of twelve percent (120) per annum, until the total amount, including interest, has been paid. BOARD OF COUNTY COMMISSIONERS M1 LIEN THIS LIEN, filed the day of , 1986 by INDIAN RIVER COUNTY, a poIiticaT—subdivision o-f-tFie State of Florida, pursuant to the authority of Indian River County Code of Laws and Ordinances, Chapter 4, Article II, Sections 4-16 through 4-24, for cost incurred by the Board of County Commissioners of Indian River County, Florida, to remove a nuisance structure from property located within Indian River County, and described as follows: S 75' of N 225' of N 1/2 of NE 1/4 of SE 1/4 of SW 1/4 and S 37.03' of N 187.03' of NW 1/4 of SE 1/4 of SW 114 Parcel No. 29-31-39--00000-5000-0096.0 The name of the record owner of the above-described property is: John Lincoln THIS LIEN is filed to secure the payment of One Thousand Four Hundred Seven and 56/100 Dollars ($1,407.56), against the owner by the undersigned, for the cost of demolition and removal against the real property. THIS LIEN shall, from the date of filing, accrue interest at the rate of twelve percent (12%) per annum, until the total amount, including interest, has been paid. 7 BY COMMISSIONERS R r JUN 2 5 1986 BOOK 64 F'F�GE 785 D. Work Authorization #7 - Masteller & Moler - 12th St.Water Main The Board reviewed memo from the Utilities staff: TO: BOARD OF COUNTY COMMISSIONERS THRU : L.S. THOMAS VIA: TERRANCE G. FROM: JEFFREY A. /% PIN ', �/ BOONE " �v DATE: JUNE 16, 1986 SUBJECT: 12th STREET WATER MAIN -FROM OLD DIXIE HIGHWAY TO 6th AVENUE/AND COMMERCE AVENUE FROM 12th STREET TO 10th STREET BACKGROUND: Proposed roadway improvements, by rhe Public Works Division, will require replacement of existing transite water mains along 12th Street from Old Dixie Highway to 6th,Avenue. Anticipated increases in demand along the 12th Street corridor would eventually warrant upsizing the existing water mains From 8 and 10 inch pipe to 12 and 16 it-- 4 -.-.e. Since the proposed roadwav improvements demand immeOocation of the existing transite water mains which would withstand being subjected to const_ru}_- in the in::ta�iate area, the Utilities Division :ese water Mains be upsized in conjunction with this` ­.(�:ation to facilitate the anticipated increases in demand. Additionally, new demand, south of 12th Street necessitates construction of 16 inch main along Commerce Avenue from 12th Street to 10th Street. ANALYSIS: 14aste-ler Moler Associates, Inc. have prepared a proposal for engineering services consistent with their "Agreement for Profes- sional Services dated April 24, 1986 totaling $15,000.00. Masteller & Moler Associates, Inc. have also prepared estimates of the construction costs for the 2800 feet of water main along 12th Street from Old Dixie Highway to 6th Avenue and the 1350 feet of water main along Commerce Avenue from 12th Street to 10th Street including all valves, hydrants and necessary appurtenances totaling $195,000.00. RECONMENDATIONS: The Utilities Division recommends that the Board of County Commissioners approve the proposed engineering services by Masteller & Moler Associates, Inc. in the amount of $15,000.00 and authorize the Utilities Division to solicit bids for the subject construction estimated at $195,000.00. ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Wodtke, the Board unanimously (4-0) approved Work Author. #7 for engineering services by Masteller & Moler Assoc, in the amount of $15,000 re 12th St. Water Main, authorized the signature of the Vice Chair- man, and authorized the Utilities Division to solicit bids for the subject construction estimated at $195,000. 8 Date: 5/16/86 INDIAN RIVER COUNTY Work Authorization No. 7 for Consulting Services. Project No. 7 (County) 86024 (Masteller & Moler Associates, Inc.) (Water) I. PROJECT DESCRIPTION Title: 12th Street Water Main from Old Dixie Highway to 6th Avenue and Commerce Avenue from 12th Street to 10th Street Consulting engineering services relative to the 16" and 12" diameter water main extension east from Old Dixie Highway to 6th Avenue along 12th Street, consisting of approximately 2800' with valves, hydrants, and appurtenances and 16" diameter water main extension south from 12th Street to 10th Street along Commerce Avenue consisting of approximately 1350' with valves, hydrants and appurtenances. Budget estimate for construction cost is $195,000.00. II. SCOPE OF SERVICES AND LUMP SUM FEE FOR SERVICES Reference is made to the "Agreement for Professional Services" dated April 24, 1986 and specific Article numbers and paragraph numbers which are listed hereinafter to describe the scope of ser- vices included on this project: A. Project Design Services per Article 4, paragraph 4a. and 4b. B. General Services During Construction per Article 5, paragraph 5a. and 5b. C. Supplementary and Special Services per Article 6, paragraph 6c., 6d., 6e., 6f., and 6g. In addition, our services shall include field surveys necessary for design and preparation of construction plans and assistance to the County in obtaining various permits and approvals for construction (permit fees to be paid by the County). D. Payment for Services per Article 8, paragraph 8b., the lump sum fee for A, B and C above is $15,000.00. Payment shall be per paragraph 8d. APPROVED BY: INDIAN BOARD, Date 6/25/86 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Charles Vitunac County Attorney 9 SUBMITTED BY• MASTELLER & MOLER ASSOCIATES, INC. By V r -ill/ _ Steeph n E. Moler, P:E. Executive Vice -President Date Boos 64 r -n -L 786 BOOK E. Award Bid - So. Gifford Rd. Water Main Extension 64 PmuE787 The Board reviewed the following memo from the Utility staff: TO: BOARD OF COUNTY COMMISSIONERS DATE: JUNE 16, 1986 THRU: L.S THOMAS VIA• TERRANCE PINT0_/1 FROM: JEFFREY A. BOONE A/3 SUBJECT: SOUTH GIFFORD ROAD WATER MAIN EXTENSION FROM 28th AVENUE TO 38th AVENUE BACKGROUND: On March 26, 1986 the Board of County Commissioners auth­-'_— the Utilities Division to construct a 16 inch water mai.-,, South Gifford Road from 28th Avenue to 38th Avenue. Sin,: __gat time engineering plans and specifications have been prepared by Masteller and Moler Associates, Inc. and bids have been solicited by the Utilities Division. A " n T.t"= _. . Bids for the subject project were received on June 12, 1986. Coastline Utilities, Inc. of Port St. Lucie, Florida was the low bidder at $106,884.00. Other bids received included AOB Under ground of West Palm Beach, Florida $113,313.08, Ted Myers Con- tracting Co.,Inc. of Winter Beach, Florida $118,286.10 and O.K. Mock and Sons, Inc. of Auburndale, Florida $120,852.00. RECOMMENDATIONS: The Utilities Division recommends that the Board of County Commissioners authorize awarding the bid for the subject project to Coastline Utilities, Inc. in the amount of $106,884.00, contingent upon the contractor acquiring all necessary licenses. Utility staff member, Jeffrey Boone, advised that the award of this bid has been complicated to some extent by the fact that the low bidder is not licensed at the present time to do the work and they are in the process of getting the qualification. Staff has written their recommendation that the bid award be made contingent on their getting the qualification and would like to extend that recommendation to include that if the necessary license is not in place within two weeks, that we award to the second low bidder. Commissioner Bird inquired what license they are short of, and Mr. Boone informed the Board that the problem is that they are in an in-between state on the general contractor's license 10 and have another contractor who is trying to qualify them. They also do not have a county occupational license yet. Vice Chairman Lyons emphasized that we certainly do not want to see any delay on this because it is water to the jail. He did not understand how we got'this far with the bid, and Mr. Boone explained that this was not brought to staff's attention until after they had written their recommendation, and they were anxious to award to the low bidder because there is a consider- able saving - $7,000. More questions ensued re the licensing, and Assistant Utilities Director Barton explained that a corporation can't take the test for a general contractor's license, only an individual can, and that individual then can attach his license to a corporation. When and if that individual leaves the corporation, he takes his general contractor's license with him. This is what is going on and complicating the issue with the corporation that is low bidder, and it is up to them to get a replacement general contractor to qualify them. Discussion continued re the timeframe. Vice Chairman Lyons wished to know if the second low bid will hold for two weeks, and this was confirmed. It was also determined that the second low bidder is properly licensed. Commissioner Bowman asked if there is any chance the second bidder could cause some trouble because of this circumstance, and Attorney Vitunac explained that we have a right to waive technicalities on our bids. Also, we have a letter from the general contractor saying he is going to lend his name to the corporation; it just hasn't gone through the Building Department appropriately yet. ON MOTION by Commissioner Wodtke, SECONDED by Com- missioner Bird, the Board unanimously (4-0) awarded the bid from the South Gifford Road Water Main Exten- sion to the low bidder, Coastline Utilities, in the 11 Bou 64 PA, -UE 788 I 'JUN 2 5 1986 sooK 64 DcE 789 amount of $106,884.00 subject to them having all necessary licensing two weeks from this date, and if not, the bid then will be awarded to the second low bidder, AOB Underground of West Palm Beach, in the amount of $113,313.08. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK .TO THE BOARD F. DER/Army Corps/DNR Permit Application - (Alan French) The Board reviewed memo of Planner Roland DeBlois: TO: The Honorable Members DATE: June 17, 1986 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: b.E.R., ARMY CORPS AND D.N.R. PERMIT APPLICATION SUBJECT: Robert M. Kea ng, CP Planning & Development Director THROUGH: Art Challacombe Chief, Environmental Planning FRONkoland M. DeBlois REFERENCES: French Staff Planner AVAD DIS:ROLAND It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of June 25, 1986. DEPARTMENT OF ENVIRONMENTAL REGULATION APPLICATION NO. 31-121116-4 APPLICANTS: Alan M. and Nancy L. French P.O. Box 89 Lake Worth, Florida 33460 v4ATERWAY & LOCATION: The project is located in the Indian River'- adjacent to Indian River Drive in Section 6, Township 31 South, Range 39 East, Indian River County, Florida. The upland property associated with the project is Lot 11, Block E of W.A. Martin Subdivision in the City of Sebastian, Florida. WORK & PURPOSE: The applicants propose to construct a private single dock extending 150 feet waterward, having a width of 4 feet (600 square feet). The project is proposed to have one (1) boat slip, 25 feet in length and 14 feet wide. No sewage pump -out or fueling facilities are proposed; no dredging or filling is to occur. ALTERNATIVES & ANALYSIS: The Planning and Development Division reviews and submits comments on dredge and fill applications to the permitting agencies based upon the following: 12 The Conservation & Coastal Zoning Management Element of the Indian River Comprehensive Plan Coastal Zone Management, Interim Goals, Objectives & Policies for the Treasure Coast Region— The e ionThe Hutchinson Island Planning & Management Plan The Indian River County Code of Laws and Ordinances The proposed project is located in the City of Sebastian and is therefore not within the jurisdiction of Indian River County. Subsequently, the focus of staff review is on potential County and regional impacts rather than site-specific impacts; and in-depth field inspection of the project site was not conducted. Chapter 16Q-20 of the Florida Administrative Code sets parameters for private residential single docks located in the Indian River Aquatic Preserve. Review of Section 16Q-20.04 (5) (b) , which sets forth specific design standards and criteria for private single docks, indicates that the project as proposed conforms to Florida Administrative Code standards. No dredging or filling is associated with the private single dock project. In that respect, the project results in minimal additional impact to an area where private single docks have been previously permitted. '?+-hough the extent of any impacts are not fully known at this this and other proposed dockage projects in the Indian River may result in negative cumulative impacts upon the Florida Manatee. Staff has not determined the extent to which the submerged bottomlands of the proposed project area will be impacted; the effect of Indian River development on ecologically valuable seagrass beds should be considered. RECOMMENDATION: It is recommended that the Board of County Commissioners authorize staff to forward the following comments regarding this project to the Florida Department of Environmental Regulation: 1) The Department of Environmental REgulation and other appropriate agencies should consider the potential cumulative impacts of dockage projects upon the Florida Manatee. 2) The Department of Environmental Regulation and other appropriate agencies should evaluate the potential impact of marina projects on ecologically significant submerged bottomlands such as seagrass beds in the Indian River. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously (4-0) authorized staff to forward comments to the DER as recommended in the above memo. 13 BOOK 64 JUN 2 5 1986 JUN 2 5 1986 Bou 64 Pmu- 7191. G. Sewer Impact Fees Countryside South Mobile Home Park The Board reviewed memo of the Assistant Utility Director: TO: BOARD OF COUNTY CON4ISSIONERS 'DATE: JUNE 17, 1986 THRU: TERRANCE G. PINTOI' D DIRECTOR OF UTILITY SERVICES FROM1`�- JEFFREY K. BARTON ASSISTANT DIRECTOR OF UTILITY SERVICES SUBJECT: SEWER IMPACT FEES FOR COUNTRYSIDE -SOUTH MOBILE HOME PARK (ROUTE 60 ASSESSMENT) BACKGROUND: Countryside -South has reserved 285 sewer taps on the Route 60 -Sewer Assessment Roll. They have -been paying off these taps as the mobile home is sold. The monies for these payoffs has been put into the impact fee account because the developer was sending a check for the amount of the impact fee only ($1,250.00) just as he does for his Countryside -North development. I have revised the procedure and spoken to the developer. I have written to him regarding the new procedure, but the oris;_-___ monies have been recorded i^ she wrong account groups within.._-_ Finance Department. They wish the Board of County Commissioners to authorize the transfer to correct the error. ANALYSIS: The amount of funds placed into the impact fee account is $15,000.00 which belongs in the Route 60 Sewer Assessment Fund. RECOMMENDATION: Utility Staff recommends that the Board of County Commissioners approve the following transfer from the Impact Fee account to the Pcute 60 Sewer Assessment: Accounts Jaccrea`se Decrease 472-235-536-099.21 TRANSFER OUT $15,000.00 ----- 472-000-343-065.00 IMPACT FEES ----- $15,000.00 Route 60 Sewer AssessmentGrou of Accounts: 706-000-381-020.00 TRANSFER IN $15,000.00 706-000-361-011.00 INTEREST ASSESSMENT $300.00 706-000-363-020.00 SEWER ASSESSMENTS $14,700.00 ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously (4-0) approved transfer from the Impact Fee account to the Route 60 Sewer Assessment as set out above. 14 � � r H. Bid Acceptance Gravity Sewer System - Sheriff's Admin. Bldg_ The Board reviewed memo of County Engineer Brescia: TO: THE HONORABLE MEMBERS OF DATE: THE BOARD OF COUNTY COMMISSIONERS THROUGH: L.S. Thomas Acting County Administrator SUBJECT: James W. Davis, P.E. Public Works Director l� FROM: Ralph N. Brescia, P.E. County Engineer BACKGROUND INFORiMATION June 13, 1986 FILE: Bid Acceptance Gravity Sewer System Sheriff's Administration Bldg. REFERENCES: The Engineering Staff has designed a gravity sewer system to provide sanitary service to the proposed Sheriff's Administration Building --at the jail site. Due- to the specialized nature of this type of construction, plans and specifications were developed for outside contractors to properly bid on this project. This construction is required at this time since these lines will be placed beneath the road which serves Phase I of the jail construction. DESCRIPTION AND CONDITIONS Advertisements for bids were placed in the Press Journal on June 3,- 4 and 5 and the Engineering Staff was available on June 10. for prebid conference to answer specific questions by any interested contractors on the plans and specifications. Bids were received on Friday, June 13, 1986 at 10 a.m. in the County Administrators Conference Room. Present at the bid opening were representatives of Ted Myers Contracting.; Company, Inc. and Coastline Utilities, Inc. The follQwing staff MQiaoers were also in attendance: Mrs. Carolyn Goodrich, Manager Purchasing Ms. Michelle A. Terry, Civil Engineer Mr. Ralph N. Brescia, P.E., County Engineer The bids were received as follows: Company Ted Myers Contracting Co., Inc. Coastline Utilities, Inc. Bid $14,609.52 $19,564.00 The Engineering estimate prepared by the Engineering Department was approximately $15,500. RECOMMENDATIONS AND FUNDING Staff recommends that the lowest responsible bidder, the Ted Myers Contracting Co., Inc., be awarded the contract and that funds be appropriated in the amount of $14,609.52. Funding is to be from Fund #302 Sheriff's Administration Bldg. 15 r Boa E792 JUN 2 5 1986 Boa 64 rFv.,E 793 ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously (4-0) awarded the contract for the gravity sewer system for the Sheriff's Administration Building to the low bidder, Ted Myers Contracting Co., Inc., in the amount of $14,609.52, said funds to be appropriated from Fund #302 Sheriff's Administration Building. (CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK) I Bid #294 - Office_ Equipment for _new _Jail The Board reviewed memo of Purchasing Manager Goodrich: TO: Board of County Ccmmissioners DATE: June 2, 1986 FILE: THRU: L. S. "Tommy" Thomas SUBJECT: IRC BID #294 -Office Equipment Acting County Administrator for New Indian River County Jail FROM: REFERENCES: Carolyn,Goodrich, Manager Purchasing Department 1. Description and Conditions Bids were received Tuesday, May 27, 1986 at 11:00 A.M..for IRC #294- Office Equipment for New Indian River County Jail. 9 Bids were sent out, of the 7 Bids received, 1 was a "No Bid". 2. Alternatives and Analysis All low bids were as requested or equal. No one bidder was low, the low bids are as circled on the attached bid tabulation. 3• Recommendation and Funding It is recommended that IRC #294 be awarded by item to the low bidders, as follows: Halsey -Griffith, Vero Beach - Item #4 - Meehans, Melbourne - Item #1, 5, 6, 9 and 12. Roger's Office Products, Vero Beach - Item #2, 8 Office Products Services, Ft. Pierce, - Item #3, 7, 10, 11, 13 s 14 Total amount of award as recommended is $13,796.50. Funds are budgeted in Account #302-906-523-66.41. 16 � � r a3i a� J � 0 s- 0 O O .Q W 0 4- O co O ++ Z E + W m E .p cn C a cn 0 •— m Oi En c L L L- 0 0 o m o a� — m U L •- O 4- C .0 4- O +.J O 3 a) •- O -C V) L — ++ N 4 O Y 4- a7 L UN O -a + C c•- •- O Z O m m E p - -, 0 N E O N W • L C > m 0 O O U m U m 1 BOARD OF COUNTY COMMISSIONERS 1840 25th Street Vero Beach, Florida 32960 r` SID TABULATION +y ti A io �c `` `` k,c" ' ,� u Low" z -c" y a," a," o c tea, j m �Qj Ca ; m � Ly m m m •�"�" u Q3 ° �; Q ;0 of ° o ��'� c�c� L° Cz zm k 3'C� °tea, ��°J �i �o� o moo. BID NO. IRC BID X294 DATE OF OPENING May 27, 1986 BID TITLE OFFICE EQUIPMENT FOR NEW INDIAN RIVER COUNTY JAIL ITEM DESCRIPTION NO. UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRI 1_ File Cabinet.Legal- 4 drawer with lock_ Non 5340 �r equal 3132.00 150 00 NB 1,16 00 139 94 NB I NB 124 00 2. Side Chairs armless chrome Global 2503 or equal 1 .60 40 each 62 00 NB 6 00 4 49_ 00 65 81 46 00 Stool,1. Drafting _ equal ('$529.60 8 each 87 00 NB 72 up 88 85 98 00 1 82 32 66 20 w/o c ste s 4. Wastebasket, nesect Sand, w/98 65 Lawson 2180 or I-niml 240.00 16 Each- IS 00 Ng_ 18 1-8 40 NB 20 37 15 90 5. Cabinet Storage, Metal 36" x 18" x 7211 w/lock Tan $850.00 InP=rh 190 00 NB 85 00 169 20 NB 160 85 101 00 0 O Cn pr co r 1 1. BOARD OF COUNTY COMMISSIONERS • 1840 25th Street y C �' u � Vero Beach, Florida 32960 'c u o y w �` BID TABULATION ��� cy c'y c. 0 BID NODATE OF OPENING D� IRC BID #294 a� o� �`' m°J mF, c •� BID TITLE ITEM NO. DESCRIPTION - UNIT V;i6CE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRIC 6. Cabinet'Storage, Metal 36" x 18" x 42" w/lock Tan i i 140.00 110 NB 70 00 121 8o NB 142 46 90 00 7. Desk Metal 40" x 20" Sin le Pedestal walnut/sand $1485.00 15 each 140 00 NB 109 00 129 95 NB 159 22 99 00� 15 Parh 54 00 NB 32 00 20 50 NB 34 91 31 40 800 9. Clnrk, Computer Center. Elactric PYR E1214 or a ual 10 each 33 00 NB 24 50 24 60 NB NB 24 80 $245.00 (5245- 10. Computer i m--il Stand, ( 59 9 24 x 32, S iS i rrcco '• S 2EK or equal 1/ 1 ,8` 2 each 68 0 NB 62 00 67 70 NB 100 UO co r 1 1. 1 1 1 BOARD OF COUNTY COMMISSIONERS 1840 25th Streetj Vero Beach, Florida 32960�� BID TABULATIONZr ti i ,a L0 H �. m� i .a Z 'a o Q. � ,o° �ym a� i°jQ4 � m zm,� 3'c �; �°' �° �° ? (T (�,o o�`�`vo 0 BID NO. IRC BID #294 DATE OF OPENING BID TITLE ITEM DESCRIPTION NO. UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRIC 11. Printer Stand Wilson Jones 26705 or equal�$210.0 2 Each 290 00 NB 106 00 NB NB 1 150 84 105 00 12. Side Chair, armless, United S-31-InES6ar eg 40 00 NB 34 00 44 94 49 00 35 92 36 40 $374n nn 13. Paper Shreer, Shredmaster 1236 or equal 1 Each 1315 00 NB 1160 00 1135 44 NB 1113 23 42go 00 200.00 Item 13 h 14 14. Shre der Stand, Shredmastar #1145478 or equal 1 Each 220 00 NB 181 00 182 10 NB 211 07 S13796,50 0 0 m 'JUN 2 5 1996 Boa 64 F, Ur- 7.97 J. Application for Installation of NCIC/FCIC Computer Terminal i n-Mie—TaTT-i✓oinpTex_-----��__ _ This item was deleted from today's agenda by Acting Adminis- trator Thomas. K. Final Assessment Roll - 9th Court (2nd St. to S. Relief Canal) The Board reviewed memo of Civil Engineer Michelle Terry: TO: THE HONORABLE MEMBERS OF DATE: June 17, 1986 FILE: THE BOARD OF COUNTY COMMISSIONERS THROUGH: L.L. Thomas Acting C�ounA'nistrator Final Assessment Roll for j,� SUBJECT: `9th Court from 2nd Street Ralph N. Brescia, P.E. to South Relief Canal County Engineer FROM: Michelle A. Terry Civil Engineer REFERENCES: DESCRIPTION AND CONDITIONS The paving of 9th Court is complete. The final cost and preliminary estimate for the work was: Final Cost/FF Prelim. Const/FF Final Cost Prelim. Est 9th Court $9.0439 $9.71 $18,446.73 $19,595.90 All construction cost are under the original estimate. The Final Assessment Roll has been prepared and is ready to be delivered to the Clerk to the Board. Assessments are to be paid within 90 days or in two equal installments, the first to be made twelve months from the due date and the second to be made twenty-four months from the due date at an interest rate of 1% over the Prime Rate established by the Board of County Commissioners. The due date is 90 days after the final determination of the special assessments. ALTERNATIVES AND ANALYSIS Since the final assessment to the benefited owners will be less than computed on the preliminary assessment rolls, the only alternative presented is to approve the final assessment rolls. RECOMMENDATION AND FUNDING It is recommended that the Final Assessment Rolls for the paving of 9th Court be approved by the Board of County Commissioners and that they be transferred to the Office of the Clerk to the Board for collection. 20 ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously (4-0) approved the Final Assessment Roll for 9th Court from 2nd Street to the South Relief Canal and authorized its transmission to the Clerk to the Board for collection, at an interest rate of 1% over the Prime Rate as of the date of approval, or 9.50. (Assessment Roll is on File in the Office of Clerk to the Board.) ADDITIONAL PROFESSIONAL SERVICES - BARTON ASCHMAN (IMPACT FEES) Public Works Director Davis reviewed his recommendation, as follows: TO: The Honorable Members of DATE: June 5, 1986 FILE: the Board of County Commissioners THROUGH: Tommy Thomas Acting County Administrator SUBJECT: Additional Professional Services - Traffic Impact Fee Program - Barton-Aschman Assoc., Inc. FROM:REFERENCES: James W. Davis, P.E., ; Public Works Director DESCRIPTION AND CONDITIONS Barton-Aschman Assoc. Inc. is requesting $23,857.14 for additional services in completing the Traffic Impact Fee program. This additional compensation is for the following: Barton-Ascbman (Traffic Planning) Modifications to Report $ 6,117.83 Computer Services $ 4,975.25 Modifying Impact Fee Dist. $ 2,860.00 Additional Meetings (6) $ 3,755.95 Sub -total $ 17,709.03 Additional Legal Services $ 4,765.11 Additional Services by Economist (Dr. Nicolas) $ 1,383.00 _ T= $ 23,857.14 21 is--� � i� �.. +' I � 1 � i! Boa 6 BOOK 64 PaUc ` ,99 The Original Contract between the County and Barton-Aschman, executed September 25, 1984, provided for basic compensation in the amount of $119,000 for the work. As of June 5, 1986, compensation of $95,089.60 has been paid by the County, leaving a balance of $23,910.40 under the original contract. At this time, the Consultant is requesting final payment of the $23,910.40 as basic compensation under the original contract and $23,857.14. for additional services, resulting in total compensation of $47,767.54. ALTERNATIVES AND ANALYSIS Staff has negotiated the $23,857.14 compensation for additional services from the Consultant's original request of $28,075.60 and has no objection to payment for the additional services. At the present time, the Planning and Public Works Division is working with the Florida Department of Community Affairs to seek approval of the Barrier Island Study as required by the Hutchinson/Orchid Island Resources Manage- ment Plan. Until the DCA approves the plan, staff does not recommend releasing the 10% retainage on the project, which amounts to $11,900. RECOM+ MATION AND FUNDING Staff recommends approving additional compensation in the amount of $23,857.14 (invoice 35707 - Barton-Aschman Assoc.) and payment at this time of invoice 34089 in the amount of $12,010.50 for a total of $35,867.64. This action will result in the County holding back 10% of the original contract amount (retainage of $11,900) until the Department of Community Affairs approves the Barrier Island Study. Funding to be from Account # 102-110-515-033.19 Director Davis explained that there were a number of modifications to the impact fee districts after meeting with all the municipalities and going through the program and making it fit their needs, etc. He believed staff had informed the Board additional services would be required. Vice Chairman Lyons felt if it hadn't been for the work done by staff and the consultant, we never would have had the unanim- ity we have with the municipalities on this thing. Commissioner Wodtke agreed, but felt it is kind of tough to get a $24,000 bill after the fact; he realized staff has negotiated this with them, but would like to have it broken down and documented. He did not know if their contract says getting authorization is required before rendering these additional services. Director Davis reported that 18 meetings were specified in the original contract, and he believed as we got to that point staff verbally communicated to the Board that the six additional meetings would be over and above the specified services. 22 r Commissioner Wodtke noted the cost of the six additional meetings was $3,700, and there is still another $20,000 for additional services. He just felt we need to get a little tighter control. Director Davis advised that he could have brought this to the Board sooner, but he has been holding back payment until we got a product the DCA could review. Vice Chairman Lyons felt the contract may have something set out in it that after a certain point additional services would be a certain amount, and Director Davis confirmed this. ON MOTION by Commissioner Bird, SECONDED by Commissioner Bowman, the Board unanimously (4-0) approved additional compensation in the amount of $23,857.14 for Barton-Aschman Assoc, and also payment of invoice 34089 in the amount of $12,010.50 for a total of $35,867.64, as recommended by staff. COUNTY GROUP HEALTH INSURANCE PLAN OMB Director Baird reviewed the following memo and letter from Gulf Group Services Corp: 23 JUN 25 4 1 •,N. BOOK 6 4Fa 860 'JUN 2 5 1996 Bou 64 PA -ii E801 TO. Honorable Board of County DATE: June 18, 1986 FILE: Commissioners FROM: oseA. Baird SUBJECT: Indian River County Group , OMB Director Health Insurance Plan Gulf Group Services Corporation"s contract for administering the Indian River County group health plan will be due for renewal October 1, 1986. Currently the health plan has adequate cash reserves, and we do not antici- pate the monthly health insurance premiums increasing. A 15% increase in medical costs was forcasted for the 1987 year which has been taken into con- sideration. Gulf Group Services Corporation is currently trying to negotiate a dis- count with Indian River Memorial Hospital and will be approaching the Doctor's Clinic in the near future for a discount. Staff has reviewed H.M.O. (Health Maintenance Organization) insurance plans and finds the major drawback to be a philosophical one. An H.M.O. plan designates the doctors and the hospitals the participant is to use and if he does so, it is covered at 100%, however, if he does not attend the designated doctor or hospital, nothing is covered. The only time the use of a non -designated doctor or hospital is covered is in the case of an extreme emergency. RECOMMENDATION I recommend the Honorable Board of County Commissioners remain with the health insurance plan under Gulf Group Services, Inc. GULF GROUP SERVICES CORPORATION MIAMI REGIONAL GROUP OFFICE 12121 PONCE DE LEON BOULEVARD, SUITE 735 / CORAL GABLES FLORIDA 33134 May 29, 1986 I Mr. Joseph Baird Budget Officer Indian River County Commissioners 1840 25th Street Vero Beach, Florida 32960 Dear Joe: NICK MORISCO Regional Group Manager TELEPHONE: DADE-305444-6588 BROWARD-305 764-1040 Representing: American General Group Insurance Company Gulf Life Insurance Company RE: GC 5372 This will confirm our renewal for the above group effective 10-1-86. A comparison of current and renewal costs is as follows: As can be seen, there is no change in the Maximum Annual Paid Claim Liability factors. There has been a minor increase in the Specific and Aggregate pooled premium however the Administrative Fee has decreased. The net result is an approximate 1% decrease in total costs. If the present pooling level of $50,000 were increased to $60,000 the current charge of $6.60 could be continued, which would result in an overall decrease of approximately 6.5%. Our underwriters have indicated that the reserve estimate as of 10-1-85 was $160,000. The reserve estimate as of 10-1-86 is $210,000. Joe, after you have had an opportunity to review the foregoing, let's get together with Phil and discuss. Sincerely, Nickorisco Current Renewal Maximum Annual Paid Claims Liability Employee $ 922.34 $ 922.34 Dependent $1,561.70 $1,561.70 Specific Pooling, Per Employee Monthly 6.60 7.65 Administrative Fee, Per Employee Monthly 10.99 9.75 Annual Aggregate Premium 9,000.00 9,270.00 As can be seen, there is no change in the Maximum Annual Paid Claim Liability factors. There has been a minor increase in the Specific and Aggregate pooled premium however the Administrative Fee has decreased. The net result is an approximate 1% decrease in total costs. If the present pooling level of $50,000 were increased to $60,000 the current charge of $6.60 could be continued, which would result in an overall decrease of approximately 6.5%. Our underwriters have indicated that the reserve estimate as of 10-1-85 was $160,000. The reserve estimate as of 10-1-86 is $210,000. Joe, after you have had an opportunity to review the foregoing, let's get together with Phil and discuss. Sincerely, Nickorisco Commissioner Bird wished to know just what Health Maintenance Organization (H.M.O.) is, and Commissioner Wodtke advised that it is a special type of plan which offers you an entire health care package, but only at a specified hospital. This is a growing trend in hospital care, and some private hospitals such as Humana, which has a plan called P.P.O. (Preferred Provider Organization), are getting into it quite heavily. Indian River Memorial is looking at various proposals of this type. Vice Chairman Lyons noted that this plan not only covers the hospital stay; it is total medical care. Commissioner Bird commented that he has no problem with the.. Gulf Health Insurance coverage, but wondered how often we go out to open bidding. OMB Director Baird noted that presently we have a self- insurance plan; it is an annual contract we are entering into, and he would prefer to stay with them because the insurance plan is doing well and we have adequate reserves. Commissioner Wodtke wished to know if Gulf will extend for another year at the present rates. Nick Morisco, Regional Group Manager of Gulf Group Services Corporation, noted that their terms for renewal for the coming 1986-87 policy year a're set out in his letter to Mr. Baird, and essentially there is no change in their rate structure for the coming year because there are adequate reserves; actually, there has been about a 1% decrease from last year. Vice Chairman Lyons believed we simply pay them for the administration of our money, and this was confirmed by Mr. Morisco. The Vice Chairman had a question on the coverage involving retired people on Social Security and Medicare. Mr. Morisco explained that how Gulf coordinates with Medicare is at the direction of the policyholder. Commissioner Lyons wished to know if a retired person, for instance, goes to the hospital and Medicare comes up with 25 BOOK 64 Ft10E 802 ,SUN 25 1986 I F- 2 5 198 JUS 6 BOOK 64 PAG—r803 everything except that first payment, $400 or so, does the person on the Gulf policy get that payment. Mr. Morisco explained that for active employees the group plan is primary coverage no matter what their age. That is federal law. For retired employees, that law does not apply, and Medicare is primary. Mr. Morisco advised that Gulf commonly uses an approach which they call a "carve out" - they calculate what the group benefits are and then subtract any benefit that Medicare pays; so, in some situations, the supplement from the group program could be very little. That, however, can be changed to a method called "coordination of benefits" in which v, Gulf would calculate their benefits, and so long as their total benefit is greater than the difference between the total bill and what Medicare paid, they would pay the difference. This presents an increased liability for the County; of course, but if it is desired that the program be administered that way, Gulf would be happy to do it. Vice Chairman Lyons noted that the policies he is familiar with pay that way. He did not know what the extra cost for this may be, but would recommend we handle it that way. OMB Director Baird realized there has been a little problem with the "carve out" for some employees and advised that staff is looking into an alternative plan for our retired employees and will be bringing that back to the Board. Mr. Baird noted that the State now offers a plan for employees retired under the Florida Retirement System, but he felt it is very costly - something over $200 a month. Commissioner Wodtke did not feel that is that expensive when you consider the age group. Commissioner Bowman pointed out that Gulf Life also has a $200 deductible that nobody has mentioned, and Mr. Morisco explained that when they implemented the utilization review program, the plan was modified to include a $200 hospital confinement deductible, which they will waive so long as the M employee prenotifies. It was never intended that the employee pay that $200 deductible; it was put in there as an incentive to make sure of the prenotification of the hospital stay. Commissioner Bowman believed that if your bill exceeds $50,000, you pay the whole shot or whatever Medicare does not pay. Mr. Morisco stated that it is not $50,000. The group program has a waiver point above which benefits are paid at,100%, and in calculating benefits, if that point is reached, Gulf would coordinate 1000 with Medicare. Under the present program for retirees it is done that way. Commissioner Bowman noted that the Gulf people are way up in Jacksonville, and the local agent is supposed to answer the questions, but she went to the Gulf Life office here and they know nothing about the group insurance and couldn't even give her an 800 number. Mr. Morisco advised that their local service office for this area is in Fort Lauderdale, and OMB Director Baird noted that we also have a County employee, Sheila Bland, who is supposed to help if anyone has an insurance problem. MOTION WAS MADE by Commissioner Bird, SECONDED by Commissioner Wodtke, to accept the recommendation of the OMB Director to remain with the health insurance plan under Gulf Group Services, Inc. Vice Chairman Lyons wished to be sure that this does not tie us in with all the present benefits as he felt strongly that there is a need for better coverage for retired people. Mr. Morisco advised that those can be changed at any time and the company would adjust the policy accordingly. OMB Director Baird agreed that we can change the benefits of this plan, but it does cost more money. 27 J UN 2 5 1�� BOOK �F�c� 804 BOOK 64_ F.F� cS95 Commissioner Wodtke inquired how many retired people we cover and for how long, and OMB Director Baird advised this would involve someone who has been with the county over ten years and is 65; we have about ten at the most; and we cover them as long as they live. He noted that under the present law if an employee quits tomorrow, we have to cover them under our insurance policy for 18 months, but they have to pay us the premium and we can charge a premium up to 2%. THE VICE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously (4-0) Acting Administrator Thomas informed the Board that at budgettime he will ask for a risk management officer. This was in the budget before, but was never accomplished. He -believed the importance of this position can be plainly seen, especially with the present trend of the insurance industry, and felt sure a qualified risk management person will be able to save the county more than he is paid. Commissioner Bird requested that we discuss at this time the request of the City of Fellsmere and Fellsmere Drainage District to be added to the County's health insurance plan, as set out in the following staff memo: 28 TO: Honorable Board of County Commissioners FROM: Joseph A. Baird OMB Director DATE: June 12, 1986 I-ILt: SUBJECT: Add the Town of Fellsmere and Fellsmere Drainage District to Indian River County's Health Plan REFERENCES: The Fellsmere Drainage District and the Town of Fellsmere have requested that Indian River County look into the possibility of adding their employees to the County health plan. Staff has contacted Gulf Life Insurance Company and we are able to add these employees to the insurance plan, however, they do not recommend we do so. Our health insurance is basically a self-funded plan and every employee we add is an additional liability, therefore, this may not be in the best financial interest of the County. Currently, the Fellsmere Drainage District has five employees which are all married and the Town of Fellsmere has thirteen employees of which twelve are married and one is single. Obtaining health insurance for a small group of employees has become al- most cost prohibitive in some instances. The above mentioned municipalities looking at Indian River County's health plan so that they may offer their employees a good health plan at a lesser cost to the taxpayers. OMB Director Baird noted that this is a policy decision of the Board. His only concern is that being a self-insured plan, we are taking on a large liability. However, the cost of health insurance is astronomical, and for a little business or a little community, it is sometimes very hard to obtain it at reasonable rates. a;. Commissioner Bird agreed we are increasing our exposure, but we are also increasing our revenue, and Commissioner Lyons felt that is why you have groups - so you split the risk. He wondered what obligation we have because the people in Fellsmere pay taxes too, and Commissioner Bird inquired about their past risk experience record. Discussion continued re the number of employees, whether any high risk employees were involved, etc., and Commissioner Wodtke asked if the Town couldn't get insurance under the League of Cities. 29 �N 2 5 X996 BOOK 64 FA.;E 806 JUN 2 5 1986 BOOK 64 PnE S07 OMB Director confirmed that the League of Cities does have a plan, and he believed they were having problems with that plan. Discussion continued re adding on another 18 employees, the increase in liability, etc., and Acting Administrator Thomas felt that the actuarial is better with a larger group. Mr. Morisco stated that it generally is. He noted, however, that the Fellsmere employees are not actually employees of the county; this is a bit different than adding 18 employees. Commissioner Lyons pointed out that we already have added on Mosquito Control, and Mr. Morisco understood that they provide a service to the county; he did not believe the Town of Fellsmere does. Acting Administrator Thomas wishe=d to know if our actiipr-,-,` is based just on our group, and Mr. Morisco confirmed that it is. OMB Baird informed the Board that a 15% increase in medical costs nationwide is being predicted for next year. Commissioner Wodtke stated that he would like to be able to help the Town and the District if we are able to, but he would like some more information. OMB Director Baird believed that it will take some time to get this information together. Commissioner Lyons felt if we have a safety program that it should include the Fellsmere employees. This is all covered by the General Fund; we have a certain obligation to those who pay taxes, and if we can decrease the cost of the program they want to give their employees by being part of this group and possibly it might decrease our cost by having a larger group, he felt we should take another look. Commissioner Bowman agreed, and noted that we are only talking about extending the umbrella by 2%. Acting Administrator Thomas felt we should look into this closely, especially since other agencies may come forward with the same request if we do accept them. It was generally agreed to research this situation further. 30 I r DISCUSSION_ RE_ AMENDING ZONING ORDINANCE RE DOCKS Assistant County Attorney Barkett reviewed the following memo, noting that this essentially concerns families who are holding properties with no home on them and want to construct docks before they build the home: TO: The Board of DATE: June 13, 1986 County Commissioners SUBJECT: Zoning Ordinance Amendment Concerning Docks as Accessory Structures FROM: Bruce Barkett,f Assistant County Attorney Vacant lot owners, specifically within The Moorings, have complained that due to anticipated restrictions on dock construction by state and federal authorities, they may be precluded from constructing docks on their property. A dock is considered an accessory structure. Presently, Section 25(g) of the Zoning Code prohibits construction of the acces'so'-o'structure prior to the construction of the prine.zrpal use,; The proposed ordinance amendment would allow construction of docks as accessory uses in all zoning districts prior to construction of the principal use. This can be accomplished in either of two ways: Alternative 1: Create a blanket exemption for docks as accessory uses in specific zoning districts or in all zoning districts, authorizing construction of docks prior to construction of the principal use. This alternative would require amendment of Section 25(g) (accessory uses) and implementation of a permitting mechanism to collect a removal bond and.,to insure construction standards. Alternative 2: Authorize issuance of an administrative permit to construct a dock as an accessory use prior_ to the construction of the principal use on the property. This alternative would require each dock application to be reviewed by the Planning and Zoning Commission and, if appealed, by the Board of County Commissioners. This alternative will require amendments to each of the zoning districts, to include docks as appropriate for an administrative permit, and will also require an amendment to the regulations governing special uses. Regardless of which alternative is chosen, it is recommended that a removal bond be required before construction of a dock, and that specific standards governing construction and use of the dock as an accessory structure prior_ to the construction of the principal use be contained within the ordinance. This matter is placed on the agenda for vour discussion and guidance. - 31 JUN 2 5 1986 BOOK 64 FAGF808 JUN 2 5 1986 Bou 64 Fa IJ y Vice Chairman Lyons felt a further alternative was not to change the ordinance at all. Commissioner Wodtke asked how the City handles docks in their jurisdiction, and Attorney Vitunac believed in the City it • is a legal use and a dock can be built without any special permit. Discussion continued and Planning Director Keating believed there are two issues - does the Board wish to allow this to occur, and if so, how. He noted that in the meeting the Attorneys and he had with representatives from The Moorings, several conditions were suggested, one of which being that even though the dock could be put there, it couldn't be used until the primary structure is there and that a bond would be put up that it would have to be removed if it was used. The property owners' concern is to get the doc!in to vest it in case of some kind of moratorium or ' prohibition in the future because of the manatee issue. Commissioner Wodtke asked if the Association or the development couldn't have that restriction themselves without it being a general requirement of the entire county, and Attorney Barkett agreed that would be fine for The Moorings, but not all of the properties which desire docks are in a subdivision. Director Keating commented that staff's concern if these accessory uses are allowed before the principal use, is that they not become a detriment to the community and be used for purposes they really shouldn't be used for. Commissioner Wodtke noted that in order to amend the ordi- nance, we need a public hearing and suggested that we discuss both alternatives at that hearing and get the public input. Attorney Vitunac suggested that perhaps we need to determine first whether we want to change the policy as the only ones expressing concern were a small group from The Moorings. Commissioner Wodtke believed there is concern from other areas throughout the county. This is allowable within the City, 32 and he believed single family areas still have to go through all the permitting stages to do this, but Attorney Barkett noted that is not necessarily so because most single family docks are exempt from dredge and fill permits because of their size. Commissioner Bird felt when you pay a premium for a bulk - headed waterfront lot, you generally want a boat, etc., and he believed most of these docks are built fairly close to the bulkhead, which should not present that much of a problem. Commissioner Wodtke stated that he would like to see us draw up an Iordinance and would be in favor of considering allowing docks for single family as an accessory use without the primary structure. Commissioner Bowman noted that there is a vacant lot next to her house, and if someone puts up a dock while no one is living on the property, nobody will be there to oversee what may go on, and the public will be coming in and using the dock and causing problems. She was not in favor of the idea at al"l. Commissioner Bird stated that he would be in favor of holding the public hearing and seeing what the public has to say. MOTION WAS MADE by Commissioner Bird, SECONDED by Commissioner Wodtke, to authorize staff to prepare an ordinance with the recommended alternatives and schedule a public hearing. Vice Chairman Lyons expressed his opinion that we are creating a problem we don't have to have. THE VICE CHAIRMAN CALLED FOR THE QUESTION. It was voted on with Vice Chairman Lyons and Commissioner Bowman voting in opposition. The Motion failed on a 2 to 2 vote. 33 JUS! 25 1986 BOOK 64 NaUESJO JUN 25 1986 BooK 64 Fact �1 RESOLUTION AUTHORIZING CLERK TO TRANSMIT COUNTY FUNDS TO STATE BOARD OF ADMINISTRATION INVESTMENT POOL Attorney Vitunac explained that the proposed Resolution makes it clear that the Board makes the decision where and when money is to be invested, and the Clerk's office carries out the function of transmitting it at the Board's direction. This amendment to the existing resolution was requested by the Clerk, and it is more or less a housekeeping item. Commissioner Wodtke noted that this money is actually our taxpayer's money, and he did not really want to send it out of town -but would prefer to invest as much as we can on a local 1! basis. Actino,,.-ziministrator Thomas explained that insurance coverage in the local financial institutions is only up to $100,000, and on a short term basis we may be talking about millions. He believed that we do make an effort to invest locally whenever we can, but he did not feel we should invest where we are not covered by the FDIC. Commissioner Wodtke believed they have special reserves to cover that kind of money. Acting Administrator Thomas was aware of that, but noted there may be a weekend when we get in a special payment from the Tax Collector, fu, and for several days we may have three or four million dollars. commented that he has dis- couraged use of this investment pool from the point of view that he has not been fully satisfied with some of the investments they make to generate the interest; however, he believed the original discussion related to who had the authority to make these investments, and it now has been settled that it is up to this Board to direct how the money is to be invested. This is merely a custodial correction. ON MOTION by Commissioner Wodtke, SECONDED by Com- missioner Bird, the Board unanimously (4-0) adopted 34 Resolution 86-38 authorizing the Clerk to open an account and transmit County funds to the State Board of Administration's investment pool at the direction of the Board. RESOLUTION NO. 86- 39 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CLERK OF THE COURT TO OPEN AN ACCOUNT WITH THE STATE BOARD OF ADMINISTRATION AND TO TRANSMIT COUNTY FUNDS TO THE STATE BOARD OF ADMINISTRATION'S INVESTMENT POOL. WHEREAS, Indian River County from time to time has funds on hand in excess of current needs; and WHEREAS, it is in the best interest of the citizens of Indian River County that funds be invested in such a manner as to yield the highest return possible -consistent with proper safeguards for the handling of government funds, NOW, THEREFORE, 13E IT RESOLVED BY TIIE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: I. Freda Wright, Clerk of the Court of Indian River County, Florida, is hereby designated custodian of County funds and authorized to transmit such funds to the State Board of Administration, or invest such funds in such a manner consistent with the best interests of the citizens of Indian River County and pursuant to the directions of the Board of County Commissioners. Furthermore, the Clerk is authorized to withdraw funds from the State Board of Administration or other investment account in the name of Indian River County by giving timely notice together with confirmation by letter executed by the Clerk and the Budget Officer or other County employee designated by the Board of County Commissioners. Z. This authorization shall be continuing in nature until revoked by the Indian River County Board of County Commissioners. The foregoi►ig resolution was offered by Commissioner wu�]tke who moved its ado tion. P The motion was seconded 35 JUN 2 5 1996 �ooK Fact U1 BOOK 64 Face 813 by Commissioner Bird and, being put to a vote, the vote Was as follows: Chairman Don C. Scurlock, Jr. Absent Vice Chairman Patrick 13. Lyons Ave Commissioner Richard N. Bird Aye Commissioner William C. Wodtke Aye Commissioner Margaret C. Bowman Aye Tho Chairman thereupon declared the resolution duly passed and adopted this 25th day of .June, 1986. BOARD O OUNTY COMMISSIONERS INDIAN . IV :1A COUNTY, Ft&,ORIDA By ' i ick B. L '1s IVice Chairm- INDUSTRIAL REVENUE BONDS - FLORIDA CONVALESCENT CENTERS Attorney Vitunac explained the proposed Resolution would authorize execution of a letter of intent and inducement agreement to Florida Convalescent Centers re the issuance of 4.8 million industrial bonds to finance a nursing home, and if this Resolution is passed today, he would like to have the public hearing on the bond on July 16th at 10 o'clock A.M. to get the public input. Commissioner Bowman asked if there is any urgency in endorsing the letter of intent today because she would like to look at the company's financial statements and the Finance Committee report. Attorney Vitunac felt there is some urgency because it puts us another week closer to the September deadline for the new tax bill. He noted that Mr. Evans, President of Florida Convalescent Centers, is present and can answer any questions. Commissioner Bowman reiterated that she would like to see their financial statements as she felt they are a pretty healthy organization financially and she was not sure the County needs to endorse these bonds for them. Mr. Evans explained that Florida Convalescent Center is not a healthy organization financially. He assumed Commissioner 36 Bowman was talking about National Health Corporation, which is the company that will manage the facility here, and they are guaranteeing the bonds. He noted that the intent of using the bonds is to get a more favorable interest which not only saves them quite a bit of money each year in interest payments, but it also saves the users of the services at the facility and the Medicaid Program as well because the reimbursement from the state is lower. Vice Chairman Lyons asked if Mr. Evans was saying the interest rates will be reflected in the rates they charge at the center, and Mr. Evans stated that they have to be. In the first place, they have to be competitive in the marketplace. Commissioner Lyons believed the other nursing facilities don't have these bonds; he doubted this will make a nickel difference in the rates charged the public and did not know how it will affect Medicaid. Mr. Evans explained that Medicaid only reimburses for allowable expenses; the interest charged by the financing mechanism is one of those allowable costs, and it is measured by the state. Mr. Evans also believed Mr. Thomas had told him one other such facility in the county was financed through industrial revenue bonds, and this was confirmed by Administrator Thomas. Commissioner Wodtke felt their rates undoubtedly will be the same as others and competitive with them, but as far as Medicaid is concerned, he could state with assurance that they do come in and look at allowable expenses. If they have a particular need of 91 beds, then 37% of the beds must be held for Medicare patients. He further reported that in regard to Florida Convalescent Center's financial structure, the Economic Development Commission met extensively with Mr. Evans yesterday to discuss the project, and they also have met with the Finance Advisory Board and were thoroughly scrutinized. Commissioner Wodtke continued that it was his understanding that their certificate of need expires the end of August so there is an 37 JJUN 2 5 1986 BOOL( 64 FA,E814 urgency to meet all these requirements. Boa 64 815 He further noted that the Motion at our meeting last week basically authorized the issuance of these bonds pending approval by the Economic Development Commission, and since that contingency has been met, he felt this was just a follow up resolution. ON MOTION by Commissioner Wodtke, SECONDED by Com- missioner Bird, the Board unanimously (4-0) adopted Resolution 86-37 authorizing the execution and delivery of a Letter of Intent and Inducement Agreement to Florida Convalescent Centers, Inc., with respect to issuance of 4.8 million industrial revenue bonds. Attorney Vitunac asked for permission to have the public hearing at 10 o'clock A.M. on July 16th, and the Board had no objections. Commissioner Wodtke expressed concern about the use of local contractors in the building of the proposed facility. Attorney Vitunac felt the Board certainly could encourage the use of local contractors, but pointed out that state law requires competitive bidding. 38 RPSOLUTrora 86-37 A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY BY INDIAN RIVER COUNTY, FLORIDA OF A LETTER OF INTENT AND INDUCEMENT AGREEMENT TO FLORIDA CONVALESCENT CENTERS, INC., WITH RESPECT TO THE COUNTY'S ISSUANCE OF NOT TO EXCEED $4,800,000 IN PRINCIPAL AMOUNT OF ITS REVENUE BONDS TO FINANCE THE COST OF A SKILLED AND I NTEP',MED I ATE CARE NURSING HOME FACILITY WHEREAS, Florida Convalescent Centers, Inc., (the "Company") wishes to acquire and construct a skilled and intermediate care nursing home facility and wishes to have Indian River County, a political subdivision of the State of Florida (the "County"), issue its revenue bonds to provide the. necessary financing for such facility; and WHEREAS, the County has determined that its issuance of such obligations to assist the Company will serve a public purpose by contributing to the prosperity of the State and its people: and WHEREAS, the Company has requested the County to indicate to the Company its intentions in this respect in order to induce the Company to proceed with such project and incur expenses for its initiation and its financing. NOVI, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The Chairman or Vice Chairman of the Board of County Commissioners, are hereby authorized to. execute, and the Clerk of the Board of the County is hereby authorized to attest, the County's letter addressed to the Company or its affiliates in substantially the form attached to this Resolution as Exhibit "A" and incorporated herein, with respect to the issuance of not exceeding $4,800,000 in principal amount of its industrial development revenue bonds on behalf of the Company, with such changes therein as shall be approved from time to time by such officers executing the same, such approval to he conclusively evidenced by their execution thereof. 2. Such officers and all other officers and employees of the County are hereby authorized to execute such further agreements and take such further action as shall be necessary to 39 JUN 2 5 1986 BOOK 64 Fr,ut 816 JUN 2 5 1966 BOOK 64 F,�c- 817 carry out the intent and purposes expressed in the letter attached as Exhibit "A". upon its becoming an agreement on its execution by the Company, and are further authorized to take such other steps and actions as may be required and necessary in order to issue such bonds. 3. This Resolution is an affirmative action of the County toward the issuance of its bonds in accordance with the purposes of the laws of the State of Florida and the applicable United States Treasury Regulations. 4. Approved and adopted by The Board of County Commissioners of Indian River County, thi=, 25th day of June 1986. ATTEST: -- —Breda—�h'rig—I—rk----- V.�dd UJBWww (SEAL) Q101j.G. BOARD OF COUNTY -COMMISSIONERS OF INDIAN IVER COUNTY, FLORIDA atrick B. Lyo ice chair n �f CREATION OF NEW ZONINGDISTRICTALLOWING SINGLE FAMILY 6 MOBILE HOMES (ROSELAND) Chief Planner Richard Shearer made the following presentation: 40 M TO: The Honorable Members DATE: June 16, 1986 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: SUBJECT: CREATION OF NEW ZONING Obert M. Kea in A DISTRICT ALLOWING SINGLE - Director, Planning & Development FAMILY RESIDENCES & MOBILE HOMES IN ROSELAND FR0K-c"h-ard Shearer REFERENCES: Chief, Long -Range Planning Mensing Memo :TK2 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of June 25, 1986. DESCRIPTIONS & CONDITIONS On May 21, 1986, the Board of County Commissioners discussed the possibility of creating a new zoning district which would allow both single-family residences and mobile homes. A request was made to establish such a zoning district at the May 8th meeting of the Planning and Zoning Commission during a public hearing concerning the Roseland Small Area Plan. Based on this request, the Planning and Zoning Commission tabled action on the Roseland plan and referred the matter of a new zoning district to the Board-,. for direction. On May 21st, the Board instructed the staff to prepare some alternatives for regulating mobile homes and single-family dwellings in Roseland in the future. The .County formerly had a district (the R-lRM district) which allowed both mobile homes and single-family units. In April of 1985 when the new residential districts were adopted, the R-lRM district was repealed. Since a large part of Roseland was zoned R-lRM until that district was repealed, the residential conversion ordinance rezoned those areas to RMH-8, Mobile Home Residential District. The RMH-8 district allows mobile homes up to 8 units per aCTO, but prohibits single-family units. The area in Roseland, that was zoned R-1RM contains approximate- ly 110 mobile homes, vacant land, and about six single-family dwellings. During the fall of 1985, the Roseland Property Owners Association approached the Planning Department about this situation and inquired if this area could be rezoned to R-lRM or another zoning district that would allow mobile homes and single-family dwellings. The Association also indicated that they felt the existing RMH-8 zoning was inappropriate because it allows up to 8 units per acre., and they felt this area should be limited to about 4 units per acre. Based on this inquiry from the Association, the staff began work on the Roseland Small Area Plan. In December of 1985, the staff met with the Roseland Property Owners Association's Board of Directors to discuss land use issues in the area and to set boundaries for the Roseland Small Area Plan. In January, the staff met with the Roseland Proper- ty Owners Association to describe the process of preparing the Roseland Small Area Plan and to discuss land use issues in the area with the Association's general membership. One of the main issues of concern to the Association was the RMH-8 zoning of the area previously zoned R-lRM and the permitted density of 8 units/acre. Based on these concerns, the staff recommended, 41 JUN 2 5 1986 BOOK 64 fA�E 818 r JUN 2 5 196 BOOK 64 Fv 819 and the Board of County Commissioners approved, down -zoning this area to RMH-6 when the nonresidential zoning conversion ordinance was adopted on January 29, 1986. The staff felt that down -zoning this area to RMH-6 would lower the permitted residential densities and would provide an* interim .zoning until the staff could study the situation further. In March, the staff completed a draft of the Roseland Small Area Plan. Several copies of this draft were sent to the Roseland Property Owners Association for their review and comment. The draft plan discusses the various issues in the Roseland area including the mobile home zoning. ALTERNATIVES AND ANALYSIS The Roseland Small Area Plan does not specifically address the issue of mobile homes and single-family homes in one area. While the plan recommends that density be limited in certain areas, it also recommends that additional study be done on the mobile home/single-family issues. In further reviewing the area zoned RMH-6 which does contain approximately six single-family residences, the staff has considered several alternative zoning provisions for this area. The following alternatives were reviewed: 1) No change in the current RMH-6 zoning; 2) Create a new zoning district that allows both single-family houses and mobile homes; 3) Rezone part of this area to RS -6, Single -Family Res ict. Alterna.. _ i, no change current RMH-6 z;.- n, j. alternative requires no rezoning action and would allow only mobile homes to be located in this area in the future. Based on the existing land uses in this area, including the existing single-family residences which are nonconforming uses, staff does not see any advantages to this alternative. The disadvan- tages to this alternative are the facts that the existing houses are nonconforming uses which cannot be replaced or expanded and the fact that individuals living in mobile homes cou-1-%-not replace them with single-family residences. Alternative �2, create a new zoning district that allows both single-family residences and mobile homes. The advantage of this alternative is that all existing mobile homes and sin- gle-family residences would be conforming uses and individuals would have flexibility as to which type of dwelling unit they could place on their lots. A disadvantage of this alternative is that the staff does not feel that it is appropriate to allow single-family residences and mobile homes in the same zoning district. One of the purposes of zoning is to group similar land use activities together and separate conflicting land uses. Another purpose of zoning is to protect property values. Allowing mobile homes to locate next to single-family residences would not protect the property values of the single-family residences and would be undesirable to most owners of single-family house. The staff did prepare a draft of a new zoning district (the ROSE -4 district which is attached) which could be utilized under this alternative. In addition, two alternative zoning proposals were prepared for rezoning the subject area utilizing the ROSE -4 district (these alternatives are attached). Alternative 3, rezone part of alternative, part of this area advantage of this alternative 42 this area to RS -6. Under this would be rezoned to RS -6. The is that the existing sin- M r M gle-family residences could be rezoned to become conforming uses. The disadvantage of this alternative is that it may be necessary to rezone some existing mobile homes also to avoid spot zoning. The staff prepared a rezoning proposal for this alternative which would rezone the existing single-family dwellings and many of the mobile homes in this area to RS -6. It is the staff's position that mobile homes and single-family units are not compatible and, therefore, should not be allowed in the same zoning district. Since a principal objective of zoning is to protect property values and because such a zoning district would fail to protect the property values of sin- gle-family home owners in areas zoned for both single-family and mobile home uses, the staff feels that no such zoning district should be established. For these reasons, the staff feels that Alternative 3 is the most appropriate option. RECOMMENDATION Based on the above analysis, staff recommends that the County not establish a zoning district which allows both mobile homes and single-family units. The staff also recommends that the Board direct the staff to prepare a recommendation concerning rezoning part of this area from RMH-6 to RS -6. Vice Chairman Lyons asked if there isn't a small area plan in process for this area and if so, why it isn't with the Planning 6 Zoning Commission. Planner Shearer explained that they tabled action on it to find out if the Board felt it is appropriate to have this type of district. Vice Chairman Lyons believed they are supposed to make the recommendations to us and not vice versa. Carolyn Eggert, Chairman of the Planning & Zoning Commis- sion, was under the impression they had made a recommendation, which is that they did not feel they could go on with the plan until they had the Board's decision as to what they felt should be happening in this one area. She advised that the Planning 6 Zoning Commission felt the old zone should be recreated, and the Planning Department did not agree. Commissioner Bird believed the Board felt the mixed use desired could work up there, and Commissioner Wodtke stated that he preferred Alternative 2, i.e., creating a new district to allow both single family and mobile homes, but did not know that he could delineate the specific area. He did feel this is unique 43 JUIN 2 5 1986 BOOK 64 FA11 8�Q JUN 2 5 1986 BOOK 6 4 f'mGE���, because this is land that is owned by fee simple title and it is a homestead and different than a mobile home park. Vice Chairman Lyons asked if the Board members were indicating we should have a part of that area continue as a double use district, and Commissioner Bird concurred, but noted he would like to set those boundaries today and then have staff continue to look at the overall area. He emphasized that he would like to corral this double use in the affected area and keep it as small as we can. The Vice Chairman Lyons did not feel that we are in a position to set these areas specifically today, and Attorney s4 Vitunac believed it would be premature because we don't have the proposed ordinance. He recommended staff write this up and bring it back. Discussion continued and Vice Chairman Lyons felt that all we can say is that there is a need for a mixed, or double use area of single family and mobile homes; ask the Planning Department to come up with the area and a proposed ordinance recreating this district to protect what already exists; and then have the Planning & Zoning Commission come back and tell us what their recommendations are. MOTION WAS MADE by Commissioner Bird, SECONDED by Commissioner Bowman, to indicate the need for a zoning district allowing single family residences and mobile homes is 7oseland area; to direct the Planning staff to come u- ;'!, a specific area for this and a proposed ordinanc:�, to have the Planning & Zoning Commission come bac. +�- recommendation. Fred Mensing of Roseland felt this issue can be pretty well resolved today, but it was explained that this has to go to a public hearing. 44 Mrs. Eggert noted that she only meant set the boundaries in the sense that it should not be all of Roseland but just a particular area within Roseland where this problem occurs. Mr. Mensing did not believe any of the residents what to see the area expanded. They just want to protect what is there exclusively. That's what they are looking for and what they feel they have been promised they can get. Commissioner Wodtke pointed out that if we have that zoning classification on our books, the Commission is going to have to make the determination on any request for this classification whether it is allowable or not. We cannot have an exclusive zoning classification and restrict it to any particular piece of land. Vice Chairman Lyons agreed, and Com. Bird emphasized that he certainly did not plan to expand this type zoning to any new areas. THE VICE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously (4-0). PRESENTATION BY CONCERNED MINISTERS OF GIFFORD Elder Charlie Jones came before the Board representing Reverend Harold Brown"^and made the following statement: 45 JUN 2 5 1986 Boa 64 PAGE 892 JUN 2 5 1986 Boa 6 4 P,a,F -893 7 To the Indian River County Commissioners, We the Ministerial Alliance of Gifford respectfully appreciate the time we have been allowed to speak before you. In recent years our Alliance has fought diligently to rid our community of Drugs, we have formed Ministers Against Drugs, circulated handouts on the Horror of Drugs, shown movies on drugs and we started a Drug Awareness program. Also we attempted to meet and work with Sheriff Dobeck on several occasions. We come before you today as spokesmen for the Gifford Community, with the support and backing of the local residents. We know that with your efforts in the past ten years Gifford has moved from no roads to paved roads, from a'wooded'field to a ballfield to a thriving park, we sincerely appreciate all your efforts toward the betterment df our community. For over two years the Ministers have attempted to alleviate the problem of drugs, but now because of recent developments in our community we feel that we can no longer sit back and allow our voices to be ignored. Gifford is now embarked upon a New Era, we are for the first time a United Community, Young Blood and Old Blood, the Sinner and the Saint all working and walking hand and hand to bring about a better community. We promise to bring about positive change on all fronts by increasing our voting power, and turning Injustices into Justice, Hate into Love. We respectfully request your support and help in enacting, establishing and enforcing several laws and programs. They are: 21 Brown Bag Law 1. 1. We feel that open cgnsumption of alcohol in our community is blatant disrespect to our community, and our youth. 2. This law will assist with a cosmetic improvement for our community (Face-lift) . 11 ?rohibiting Minors Access to Night Clubs. 1. 15, 16, 17, 18 year olds are being allowed in night clubs and are being sold alcoholic beverages. 111 Loitering and Vagrancy Laws. 1. We feel that if these two laws are enacted and enforced, it would help curtail the drug and crime problems. 1V Curfew Law (Minors). 1. We feel that a curfew would be beneficial to the Sheriff's Department and our community. V Clean Town Ordinance. 1. We feel that the lack of upkeep at some businesses in our community lends itself to the criminal element. 2. Shabby businesses are an eye sore and degrading to the community.in which they exist. VI,�' Professional Police Patrols. 1. We feel that if the Sheriff's Department conducts rigorous, complete and professional patrols in our community it would help stop some rr_ h e crime, and afford our community an opportunity to regain some of the tainted respect which the Sheriff's Department has acquired in Giffo _` 2. Establish a county -wide Ad -Hoc Committee to oversee complaints against the Sheriff's Department. ' Commissioners, we sincerely hope that you take our concerns seriously and that we can formulate a close working relationship in reference to problems, situations and actions of the Indian River County Commission pertaining to Gifford. We have the undying support of 7,000 black people in Gifford from the churches to the bars, and they are behind us 100%. We are a United Gifford, with a United Purpose. 46 Vice Chairman Lyons appreciated the presentation and assured Elder Jones that their concerns are shared by every member of the County Commission. He emphasized that this is not a black and white problem; it is a neighborhood problem, and it concerns us all. He believed some of the requests listed will require advice from our Attorney about what we can do and cannot do, and some of these things the residents are going to have to address themselves. Fran Ross, speaking from the audience, noted that the county has the agencies, and they should enforce these things. Vice Chairman Lyons pointed out there are more things to be done than people to do them, and it requires the cooperation of the citizens to help us put the heat on where it should be placed. He assured those present that the Commission will look into all the points raised and come back with an answer. Elder Jones requested that they be supplied a list of county ordinances that affect the Giftord area. r Commissioner Bird stated that he would like to have the County Attorney check the laws and see what does pertain to the points that have been raised here, and then when this has been ascertained, we would call a meeting including the Sheriff, the Health Department, etc., and bring all those involved together to see what can be enforced and also what we may be lacking. Commissioner Bowman noted that we know we have building codes and sanitation codes and we could start right now with complaints to the Health Department and the Building Department; however, first we need information from the community as to where these places are. Vice Chairman Lyons noted that the community has given us a task; we accept it; and we will get back to them. Elder Jones expressed appreciation and his opinion that the county has a good Board of County Commissioners. Commissioner Wodtke felt the Ministerial Alliance can be a very integral part of what they are asking us to accomplish. 47 JUN 2 5 1996 BOOK 64 PA -UE 8? JUN 2 5 1986 BOOK 64 FmJ 8?5 He believed Elder Jones has indicated that the community is willing to do its part, and he felt that is the key to this situation as it will take a total effort on everyone's part. Com. Wodtke assured those present that our staff and Code Enforcement people will do their part, and he hopes we can see significant progress very quickly. Reverend Brown requested that the president of the Minister's Association, Reverend Orr, who traveled a long way to be here today, be allowed to speak. Reverend Orr wished to call the Board's attention to the fact that when they had a problem in the school system, an ad hoc committee was formed to help solve it. He stressed the need for a committee of citizens from all over the county since drugs and these other problems do not confine themselves to any one area. The Reverend emphasized that the dt-U(j problem has been addresa by federal officers and state officers, and they all say it has become of epidemic proportions. Reverend Orr looked forward to doing something to make Indian River County an even better place to live. Com. Wodtke agreed an ad hoc committee can be of help with the problems in the community, but did not feel it should be the responsibility of such a committee to concern itself with specific complaints against the Sheriff's Department. He believed there are other procedures to be followed to deal with that. Vice Chairman Lyons continued to stress that to accomplish anything will require a concerted effort from the citizens of Gifford as well as the County. He knew they have an active Civic League there and hoped we can all join forces. DISCUSSION RE WINTER BEACH CEMETERY _ TRANSFER OF REVERSIONARY INTERESTS Commissioner Wodtke referred to the following aerial chart: 48 � 7 � 71-1 N 32 P'l PARCEL ON WHICH REVERTER. I WOULD BE IMPOSED 22 ri PARCEL TO WHICH REVERTER NOW APPLIES LN - F7.j .141 Ft IV—* M2 R Gifloi t ,iro I C* Iseach PROPOSED TRANSFER OF REVERSIONARY INTERESTS AT KIWANIS—HOBART PARK IN INDIAN RIVER COUNTY b I t 49 JUN 2 5 1986 BOOK 6 4 FADE JUN 2 5 1966 BOOK 64 Par 827 Commissioner Wodtke reviewed the history of this situation whereby some years back a former County Commission authorized the Cemetery Association to utilize certain land, and then found that particular piece of property was some that came to us through the State of Florida and had a use stipulation that had to be removed. He then went over the steps followed in the long process of trying to accomplish this and noted the Commission authorized a piece of land twice the size of what we were going to use to be offered in exchange for that reverter. As time went on, however, we went into a change of staff and attorneys and somehow files were misplaced. We now have been back to :a Tallahassee, backtracking their files, maps, etc., and Attorney Vitunac asked that this be brought back to the Board for his staff to be given direction to proceed as we originally wanted to proceed. Commissioner Wodtke explained that the property we are going to give the state a reverter, or a use restriction on, is part of the property we are going to have the golf course on. This will not have any effect on the golf course, however, since the reverter right only applies in the event the property is not used for recreational purposes, and the golf course is already there. Commissioner Bird asked if the Cemetery Association actually needs that big a piece of property for expansion of the cemetery. Commissioner Wodtke explained that this is the only place in the county available for pauper burial, and he believed the cemetery will eventually utilize that entire piece of land. He continued that he is asking for reconcurrence of our intentions and permission for the attorney's staff and himself to proceed on with this swapping of reverters. Attorney Barkett clarified that this was part of a tract that was donated by the DNR, and staff needs authorization to apply to the DNR and the Department of Interior to encumber one piece of property and unencumber another. 50 ON MOTION by Commissioner Wodtke, SECONDED by Commis- sioner Bird, the Board unanimously (4-0) authorized staff and Commissioner Wodtke to proceed with the transfer of reverters re the Winter Beach Cemetery property as described above. Attorney Vitunac advised that a second Motion would be necessary to deed that property over to the Cemetery Association. Commissioner Bird asked if we can dedicate it to them or just reserve it for their use, and Attorney Barkett noted that the dedication was made in 1980, but he did not know what effect it has now. Acting Administrator Thomas believed we have a moral obliga- tion there, and felt we should hear from the Winter Beach Cemetery Association as to exactly what they are going to do. Commissioner Wodtke reported that he did talk to the Association recently, and he was sure they are willing and anxious to work out any arrangements necessary. He believed the dedication just gives them the right to utilize the property as a cemetery and that we were going to work out some arrangement with them for clearing land, space allocation, maintenance, etc. He stated that he would like to have concurrence from the Commission that it is our intention to follow up with the dedication of this property and to authorize him, Administrator Thomas, and Attorney Barkett to meet with the Association to work out the arrange- ments. The Board had no objections. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 11:08 o'clock A.M. ATTEST: Clerk 0 51 Chairman BOOK 64 PAGE 8218 I