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HomeMy WebLinkAbout5/12/1987Tuesday, May 12, 1987 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 Tuesday, May 12, 1987, at 9:00 o'clock A.M. Present were Don C. Scurlock, Jr., Chairman; Margaret C. Bowman, Vice Chairman; Richard N. Bird; Carolyn K. Eggert; and Gary C. Wheeler. Also present were Charles P. Balczun, County Administrator; Charles P.'Vitunac, Attorney to the Board of County Commissioners; Joseph Baird, OMB Director; and Barbara Bonnah, Deputy Clerk. The Chairman called the meeting to order, and Attorney Vitunac led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Scurlock requested the addition to today's Agenda of two recommendations of the Finance Advisory Committee regarding the selection of a financial consultant and!the acquisition of 78 -acres of wetlands owned by the Estate of Julian Lowenstein. Commissioner Eggert requested the addition of an appointment to the newly -formed Primaryllndigent Health Care Subcommittee and a discussion re the Fellsmere Library. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously added the above items to today's Agenda. MAS1997 BOOS 1 AY 12 N87 APPROVAL OF MINUTES BOOK 68 o, E 272 The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of April 21, 1987, There were none. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously approved the Minutes of the Regular Meeting of 4/21/87, as written. CONSENT AGENDA Commissioner Eggert requested that Item H be removed from the Consent Agenda for discussion. A. _Approval_of Appointment of Deputy Sheriff by Sheriff Dobeck ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously approved the appointment by Sheriff Dobeck of Deputy Sheriff Ronald Sinclair. B. Approval of Duplicate Tax Certificate ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously approved Duplicate Tax Certificate No. 464, in the amount of $75.47, to Eunice Goodemote. DUPLICATE TAX CERTIFICATE IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD C. Report Received and placed on file in the Office of the Clerk.to the Board: General Development Utilities, Inc.. 1986 Annual Report of Vero Beach Shores and Vero Highlands Division for year ended 1986- 2 D. Approval of Out -of -State Travel ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously approved out-of-state travel for Commissioners and appropriate staff to attend the Philadelphia WPCF 187 Conference on October 4-8, 1987. E. Acceptance of Maureen Poole's Resignation from Board of Zoning Adjustment The Board reviewed the following letter dated 4/27/87: P LE REAL ESTATE "IN CITRUS & CATTLE COUNTRY" P.O. Box 366 Fellsmere, Florida 32948 Telephone: (305) 571-1881 Fellsmere Office Complex Corner C.R. 512 & Cypress St. This letter is to inform you that you will need to find a replacement for me on the Board of Adjustments, as we will be leaving this area in the near future. It has indeed been a learning experience for me to have served on this ' board, and I appreciate the confidence that you and the other Commissioners have shown to me in appointing me to this position. I will not be attending the May meeting, as I have to be out of town on that date. Please take care of this as early as possible. Thank you again, and if I can help in any way, please so advise. Very truly yours, Ma een H. Poole 3 MAY 12 1987 BOOKE� DISTRIBUTION LIST April 27, 1987 Commissioners r�'I.(3• y>jBoard Administrator of County Commissioners ��' --Attorney L' 1840 25th Street ;;"' Personnel Vero Beach, Florida 32960 �� �;�' �Public )T\4 Works Mrs. Maggie Bowman mac; Eq �'40 Com,munity Dev.Attention: Utilit;eS �C,�'c' `FinanceDear rlaggie: l�Q%?G MOther }, n/l. GotorJ c( A d:i This letter is to inform you that you will need to find a replacement for me on the Board of Adjustments, as we will be leaving this area in the near future. It has indeed been a learning experience for me to have served on this ' board, and I appreciate the confidence that you and the other Commissioners have shown to me in appointing me to this position. I will not be attending the May meeting, as I have to be out of town on that date. Please take care of this as early as possible. Thank you again, and if I can help in any way, please so advise. Very truly yours, Ma een H. Poole 3 MAY 12 1987 BOOKE� MAY 12 1997 Boni( 68 F � � ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously accepted Maureen Poole's resignation from the Board of Zoning and Adjustment. F. Appointment of Hoyt Howard to the Tourist Tax Development Committee The Board reviewed the following memo dated 4/29/87: City of Vero Beach 1053 -20th PLACE - P. 0. BOX 1389 VERO BEACH, FLORIDA - 32961-1389 Telephone. 567-5151 OFFICE OF TME CITY CLERK April 29, 1987 Mr. Don C. Scurlock, Chairman Indian River County Commission 1840 25th Street' Vero Beach, Florida 32960 Dear Chairman Scurlock: APR 1987 Rip WARD QOuM.y COMMl3S10NERS Mayor Acor has asked me to advise you that he has appointed Councilman Hoyt Howard to serve on the Tourist Tax Development Committee. Mr. Howard will replace Bill Cochrane who is no longer on the City -_ Council. Sincerely, =' (NO Phyllis A. Neube ger�� City Clerk ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously confirmed the City of Vero Beach appointment of Hoyt Howard to the Tourist Tax Development Committee. G. Permission to Close'100 Block of 14th Avenue on July 4th The Board reviewed the following letter dated 5/5/87: 4 MAY 1907 ON May 5th. 1987 ti RECEIVED c �Df NERS Board of County Commissioners �2�lf�Z026`��\'� Indian River County, Florida Dear Commissioners, The residents of the 100 block of 14th. Ave. would like to stage our 6th. annual Independence Day Celebration. As in the past, we are asking your approval to close a small section of 14th. Ave. on July 4th. 1987. Our celebration will last from approximately 12:00noon until just after dark. We would also like to include*a small class "C" fireworks display. There is no permit required for this type of fireworks as they,Athe small type. They would be set off by law enforcement*personel who live on 14th.. Ave: There - are four law enforcement personel who live on 14th. Ave. As in the past, we will provide the necessary access for emergency vehicles and things of that nature. The residents of 14th. Ave. are proud to say that we have brought a portion of our community closer together with this event the last five years. We have gone without incident and never had an injury or property damage. We are hopeful that the Commission will again grant us permission to stage our Independence Day Celebration. Thanking you in advance. Perry M. Pisani Representing the residents of the 100 block of 14th. Ave. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously approved the request by the residents to close the 100 block of 14th Avenue on July 4th for the. purpose of an Independence Day Celebration. 5 BOOK r.�'t MAY 12 1997 BOOK 68 r,,�1 E 2 _� 6 H. Certificate of Need - Sebastian Volunteer Ambulance Squad, Inc. The Board reviewed the following letter dated 515187: Sebastian Volunteer Ambulance Squad, Inc. P.O. Box 685 Sebastian, FL 32958 (305) 589-5840 May 05, 1987 6789 MAY 1981 BOARD OF COUNTY COMMISSIONERS Cn N na Indian River County ww), ERS 1840 25th Street, Vero Beach, FL 32960f.,—__ nCoC ..ATTENTION: ALICE WHITE Dear Ms. White: It has come to my attention that this office inadvertently overlooked a very important piece of paper in not renewing our certificate of public convenience and necessity. Please accept our sincere apology in that a period of trans- ition has occurred and we are in the process of correcting many such ommissions. It is of the utmost importance to receive this certificate as soon as possible. Thank you for your consideration in this matter. Sincerely, 64omo� Catherine M. Mitten, EMT, Secretary Sebastian Volunteer Ambulance Squad Commissioner Eggert explained that she asked the officers of the Sebastian Volunteer Ambulance Squad to attend today's meeting so that the Commissioners can learn first hand the current status of the squad. Mary DeChaine, Superintendent of the Sebastian Volunteer Ambulance Squad, reported that the squad has been going through a few changes recently, and felt very good about the way things are shaping up. Primarily, they are working on the theory that all of the crews will be composed of EMT drivers. They now have 23 EMTs active year around. Three are taking the State Board 6 examination and 4 more are entering EMT school in August, which will give them 19 active EMTs by January of next year. Commissioner Eggert asked if they have a problem keeping a full quota, and Mrs. DeChaine answered "not so far." She noted that the squad had some problems while she was on vacation in California, but those problems have been resolved, and they are in the process of reforming their board of directors. Commissioner Eggert asked if they had any problem in following the protocol put forward by Dr. Dudley Teel, Emergency Services Medical Director, or any difficulty in participating in the mutual aid pacts, and Mrs. DeChaine said they did not. This has been a formative year for the squad, and the people who did not agree with the SOP of the Squad or the Medical Director are no longer there. She felt it is better to have a quality squad than a quantity, slipshod operation. Commissioner Eggert asked if they have enough people to cover all shifts, and Mrs. DeChaine explained that there are 28 shifts per week; if each of their 12 active EMTs take 2 shifts, that covers 24 shifts, and if a couple of them take 3 shifts, it covers the entire 28 shifts. She stated that they are not having any trouble with that. Chairman Scurlock noted that doesn't cover vacation or sick time, and felt that is where you run into budgeting problems, because somebody has to pick up the slack. Commissioner Eggert asked about the, morale of the squad, and Mrs. DeChaine felt the morale is excellent now, especially with the new job descriptions for officers. She believed that they had to allow things to happen to get rid of the chaff, which is now gone. The wind blew it away. The present board of directors is willing and very capable of doing the work that a tot of the old board members didn't do, which takes a lot of load off of her and splits up the work load very nicely. Commissioner Eggert advised that she discussed this with Mrs. DeChaine, Attorney Vitunac, OMB Director Joe Baird, and 7 MAY 12 1987 BOOK.�,,� f'J MAY 12 1987 BOOK Emergency Management Director Doug Wright, and they all agree that there is a very great need in this county to create an ordinance to go along with these Certificates of Need, stating exactly what the responsibilities are. Commissioner Eggert recommended that the Board issue the Sebastian squad a 90 -day certificate with the knowledge that during that interim, such an ordinance would be prepared, and stated that she could not see any reason why a certificate for a longer period of time would not be issued at that time. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously issued a 90 -day Certificate of Need to the Sebastian Volunteer Ambulance Squad, with the understanding that an ordinance will be prepared and brought back to the Board in 90 days. Commissioner Eggert assured Mrs. DeChaine that the squad will be able to have input in the preparation of the ordinance. - 8 EMERGENCY MEDICAL SERVICES CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY WHEREAS, the Sebastian volunteer Ambulance Sewtee pnovideb quaefty emergency m deAvcceb a zend 0 Indian River County; and, theAe had been demondtnated .that there .id a need bon thio ambulance aeirvice to opeaate in tW county to provide eadenttat 6ekviced to .the citizen ob th 6 a County; and, WHEREAS, the above ambulance deAvice had .indicated that at uttU compZy with ale the %equ kementA ob the EmeAgency Medicat SeAviced Act ob 1973, the Boated ob County Commiad.ioneu ob Indian River County hereby .Laduu a Centibicate ob PabUc Convenience and Neceu­am&a-&nce company bon 90 days - August 10, 1987. In .i,edwing thio centi.p ate .it .id undenatood that the above named ambutance denvi.c.e ti wtU meet the Aequihementa ob State Legi6tation and pnovcde emergency deAviceA on a tum -jour houA baais bon the bottowing wcea(d): North Indian River County from the Brevard County line following the 'Indian River South to Hobart Road, West to 82nd Avenue (CR -609) North to the intersection of CR -510 and CR -512, continuing North to the Brevard County line. This area will -Nle consis ent ri xisting fou C -- Emergency Emergency sectors. fin, k5oakd Dd Counr#d.cOneU Approved: May 12, 1987 s I- 1. I. North County Area Subregional_Sewer Project Work Authorization #15 The Board reviewed the following memo dated 5/1/87: TO: BOARD OF COUNTY COMMISSAIONERS DATE: MAY 1, 1987 VIA: CHARLES P. BALCZUN COUNTY ADMINISTRATOR FROM: TERRANCE G. PINTO II�� l DIRECTOR OF UTI LI BRYIP1%ES SUBJECT: NORTH COUNTY AREA SUBREGIONAL SEWER PROJECT WORK AUTHORIZATION NUMBER 15 Due to the proposed location of the North County Area Subregional Sewer Treatment Plant the Utility.Department asked Masteller and Moler, Inc., to preform a study which will help in determining the feasibility of extending the wastewater line from Pelican Pointe to Hobart Park. 9 AY J ,�, BOOP( 68 F�,H 28 RECOMMENDATION The Utility Staff asks that the Board of County Commissioners authorize the Chairman to sign the attached Work Authorization thus allowing Masteller and Moler to complete the additional study which will not exceed $3,200.00. These funds are to be paid out of the North County Sewer Study, account number 471-000-169-006.00. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously approved Work Authorization #15 allowing Masteller and Moler to complete the additional study on the North County Area Subregional Sewer Project for an amount not to exceed $3,200, and authorized the Chairman's signature, as recommended by staff; funding to be paid out of Account 471-000-169-006.00. 10 INDIAN RIVER COUNTY Date: April 20, 1987 Work Authorization No. 15 For Consulting Services (Wastewater) Project No. 15 (County) * 86004 (Masteller & Moler Associates, Inc.-) I. PROJECT DESCRIPTION Title. North County Area Subregional Sewer Project For additional engineering services for expansion of study and report services consisting of research and development of project assessment roll and related illustrative maps for use in the asssessment of properties in connection with capital financing for the referenced project. Expanded area to go from Pelican Point to Hobart Park. II. SCOPE OF SERVICES AND LUMP SUM FEE FOR SERVICES Reference is made to the "Agreement for Professional Services" dated - July 2, 1986 and specific Article numbers and paragraph numbers which are listed hereinafter to describe the scope of services included on this project; A. Study and Report Services per Article 3. B. Payment for Services per Article 8, paragraph 8b. for "A" above shall be the lump sum fee of $3,200.00 Payment shall be per paragraph -8d. APPROVED BY: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY / G. Don -'U. Scurlock Jr. Chairman Date APPROVED AS TO FORM AND LEGAL SUFFICIENCY: A,lil Charles Vitunac County Attorney SUBMITTED BY: MASTELLER & MOLER ASSOCIATES, INC. BY Alaw:d ordA��� arl H. Masteller, P.E. President Date Zoe 1z (9 APPROV 0 U liY Wi i 8Y TERRANCE P;y ; 0 D{RECTOR DIV. OF UTILITY SERVICES V1 AY 12 1001 0 71 M AY 1 '1987 BOOK 68 PAGE 282 J. Budget Amendment - Law Enforcement Trust Fund The Board reviewed the following memo dated 5/6/87: P. O. BOX 608 PHONE 569.6700 May 6, 1987 Mr. Don C. Scurlock, Chairman Board of County Commissioners Indian River County 1840 25th Street Vero Beach, FL 32960 Dear Doug: R. T."T I M' DO B E C K - INDIAN RIVED COUNTY MEMBER FLORIDA SHERIFFS ASSOCIATION MEMBER OF NATIONAL SHERIFFS ASSOCIATION VEitO I3EAC1I, FLORIDA 329GI-0608 MAY 1987 res is red f n. RECEIVE® BOARD COUNTY COMMISSIONERS This letter is a request for the Board's approval to expend Law Enforcement Trust Fund monies totaling $23,921 detailed as follows to better equip the Crack Team and the Emergency Response Team previously authorized. ITEM AMOUNT Bartec Dialed -Number Recorder ,695 Bartec Loop Extender Transmitter 750 Marantz Cassette Tape Recorders (2) 480 Radio Shack Cassette Tape Recorder 50 Panasonic T.V. Camera w/Tape Deck 3,500 T70 Cannon Camera & Flash 300 _ "Body Bug° Voice Transmitter 1,295 Prewired Shoulder Transmitter for "Body Bug" 245 Model 326 S & W Sure -Fire Lights (10) 720 3/4" VCR Recorder/Player with Monitor 3,700 VHF - Format Video Camera 2,700 Startron 303A Camera Lens 2,886 Gyro -Binoculars 3,600 $ 23.92 The addition of this equipment will greatly assist and enhance the continued effort by this Department to combat the drug problems in Indian River County. Thank you for your consideration of this requestion. Sincer R T. Tim Dobeck, Sheriff Indian River County RTD:ccd 12 i ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously approved the following budget amendment in the amount of $23,921, as requested by Sheriff Dobeck. TO: Honorable Members of DATE: May 12, 1987 the Board of County Commissioners FROM: Jose h A. Baird OMB Director ACCOUNT NUMBER 112-600-521-034.99 112-600-521-099.91 EXPLANATION SUBJECT: BUDGET AMENDMENT SPECIAL LAW ENFORCEMENT TRUST FUND ACCOUNT TITLE Other Current Chgs./Oblig. Reserve for Contingency INCREASE 23,921 See attached memo from Sheriff Dobeck dated May 6, 1987. FLORIDA RETIREMENT UPGRADE The Board reviewed the following memo dated 5/6/87: TO: DATE: of County Commissioners May May 6, 1987 FELE: Indian River County n1m r, MIM T 0 Im 23,921 SUBJECT: Florida Retirement Upgrade FROM: Freda Wright, Clerk REFERENCES: Pursuant to Chapter 86-180, I am requesting that the Board pay one-half of the amount of $15,894.72 to upgrade my retirement. This amount should be paid on or before June 30th, 1987, in order to save interest on same. Attached is copy of letter from the Department of Administration, which is self-explanatory. Thank you for your attention to this matter. ki 13 BOOK ' IWAY 12' all FF"_ I MAY 12 1987 BOOK 68 rA-'A 4 Chairman Scurlock advised that a research of the Minutes shows there have been two other potential requests by former Commissioners Pat Lyons and Bill Wodtke. The Board approved $2700 for Pat Lyons, which was half of his $5400 contribution. Commissioner Wodtke's contribution was in the same range as Freda Wright's, but Bill decided not to participate because he felt there would not be any benefit derived by his paying that much to pay out half of that amount, and also because he did not feel it was appropriate for him to ask the Board to fund it at that level. In Freda's case, we are talking one-half of almost $16,000. The Chairman personally felt the Board should establish a policy in these matters and set a cap on the amount paid by the Commission. He understood that this retirement upgrading is applicable to only one other constitutional officer, Tax Collector Gene Morris. All the other constitutional officers took office since 1980, and this covers only the 4 -year period from 1977-81. Commissioner Eggert asked if the Clerk would be able to fund the rest of it through her own personal funds if the Board decided to pay only $2700, and Chairman Scurlock confirmed that she could, as the ruling on this is very specific. It allows the Commission to participate up to one-half; it does not state.. one-half. MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Wheeler, that the Board set a cap of $2700 for all constitutional officers who wish to upgrade their retirement funds, and that they look within their own funds if they wish to participate to a greater extent. Under discussion, Commissioner Wheeler asked if this would come out of the Clerk's budget or the Board's general 14 _ M contingencies, and OMB Director Joe Baird advised that it could be done either way. Commissioner Eggert felt she would like the Clerk to find the $2700 within her budget, and pay the approximate balance of $13,000 out of.her personal funds if she wished to participate to that extent. Commissioner Bird asked how long Freda Wright has been a county employee, and Commissioner Wheeler believed it has been somewhere in the area of 42 years. Chairman Scurlock emphasized that we are not talking about Freda's entire retirement period, we are talking about upgrading a specific period, 1977-81. In 1977 the State Retirement Program established an official category for elected public officials, whereby elected officials could contribute 17% of their gross income to the retirement fund,,which is a much higher level than that of general employees. In fact, he believed that only judges and state legislators are at a higher level. Commissioner Wheeler asked if they had the option at that time to participate, and Chairman Scurlock explained that is the option that is being made available, to upgrade that specific 4 -year period. Commissioner Eggert felt that $2700 was a nice amount to set a cap at, and pointed out that Pat Lyons worked as an elected public official for 8 years. Commissioner Bird asked how long Freda has been an elected official, and Chairman Scurlock believed it has been 12 years. Director Baird explained that elected public officials have had the option right along to switch to the program, but they would have had to pay for it themselves. The idea here is that if the Board so authorizes, it can pay half of the contribution for the 1977-81 period. Chairman Scurlock pointed out that the Board did not have the authority in the past to fund the upgrading, but now the law 15 MAY 1'r2 B-101-1 AA, A MY 12 'U7 BOOK 8� -,F �� r allows the Commission to provide up to half the upgrade; of course, that is a local decision. Director Baird pointed out that this option is open only for one year, this year. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. DISCUSSION ON FEES FOR SOUTH SIDE OF SEBASTIAN INLET PARK The Board reviewed the following letters dated 4113/87 and State of Florida DEPARTMENT OF NATURAL RESOURCES Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399 DR. ELTON J. GISSENDANNER 1��`9•t�21��?� Executive Director .� pPR 1987 N BOAIip �;pUi11'I COMM1PrS{0�� Honorable Don C. Scurlock, Jr. Chairman . Indian River County Board of County Commissioners 1840.25th Street Vero Beach, Florida 32960. Dear Mr. Scurlock: April 13, 1987 BOB MARTINEZ Governor GEORGE FIRESTONE Secretary of State BOB BUTTERWORTH Attorney General GERALD LEWIS State Comptroller BILL GUNTER . . State Treasurer DOYLE CONNER Commissioner of Agriculture BETTY CASTOR Commissioner of Education PLEASE ADDRESS REPLY TO: Thank you very much for your letter of March 30:and the invitation to make a presentation to your Board of County Commissioners on the Sebastian Inlet entrance -fee issue: By all means, I want to take advan- tage*of your invitation and will call your office to arrange a suitable date. As you may know, the Governor and Cabinet have postponted consid- eration of.the Sebastian Inlet entrance.fee until their meeting of June 16. I would hope that.we might have -a chance to discuss the matter as it pertains to Indian River County well in advance of that date. Thank you:again-.for your interest. you and your Board soon. Ney C. Landrum - Director T Division of Recreation and Parks 16 I look forward to meeting with Sebastian Inlet T. i Tac District Commission .'•,�CpD N'E t4�• ...p4..�-..�..sr+eyr�«•�..-.yy...,s.7a-!^.,a+rv-ts+•.t••.+�u•..rP':.^.<.—.-....,.,.r+ � +1""'il1.n..yjp � •y... ..u, .ww.-....«...k.: +'L.fii~.wr�at:..t 1.u'.I.rivLut'.,• ., ....«..... .•.J-'_�:... ..»_ : .��_.s—L'•... .... -. .. ., .. ... DISTRIBUTION UST 20212 Cos' missioners ?���c� Administrator Attorney April 15, 1987 h APR i3 Personnel Public Works n7i Da, ;s a�'.; Community Dev. WAR Indian River County Board COMMiss►Oc�E�s `�'� Utilities Finance of County Commissioners6'8 c2�� 1840 25th Street, N-158 X99 '' Other -1!� Vero Beach, F1 32960 The Honorable County Commissioners: In response to your letter dated March 30, 1987 regarding entrance fees at Sebastian Inlet Park, the Sebastian Inlet Tax District Commission would very much like to attend a meeting with the Vero Beach County Commission and the DNR, Division of Recreation & Parks. Mr. Ney Landrum, Director of DNR Recreation and Parks, is coming to Melbourne on May 11, 1987, at 1:00 p.m. to meet with the SITD Comm- ission, at the Greater South Brevard Area Chamber of Commerce building to discuss same and other matters relating to the Sebastian Inlet and the State Park. We would welcome your attendance at this meeting. Please keep us informed of any progress on this matter. If we could be of any assistance, please do not hesitate to call. Sincerely, SEBASTIAN INLET TAX DISTRICT COMMISSION J Carol Ann Senne Chairwoman 1900 South Harbor City Boulevard Suite #105 Melbourne, Florida 32901 (3051724-5175 Assistant Attorney Bruce Barkett introduced Ney Landrum, Director of Recreation and Parks for the Department of Natural Resources, who was invited by Chairman Scurlock to attend today's meeting to make a presentation on the concept of charging fees at the Sebastian Inlet State Park. He noted that Mr. Landrum addressed the Sebastian Inlet Taxing District Commission yesterday. Mr. Landrum explained that he really was not prepared to make a presentation this morning because he wasn't sure just what r ��`` 17 (}UGC C,t ? 7 MAY 12 1987 BOOP( 68 j�: ?88 issue the Commission wished to focus on. He recalled that back in 1970, the County deeded the property on the south side back to the State of Florida for park and recreational purposes with the restriction that the use of the shore line, the dock, and the jetty be free of charge and available 24 -hours a day, and the State has honored that restriction. However, the State feels that in order to be consistent with most of the other State parks, it is necessary to charge admission fees to help pay for the operational costs of the State's park system. He noted that tht Sebastian Inlet Park is the most used park in the State park system, and it is the most expensive facility to run at $500,000 a year. The State park system has grown so rapidly in the last 15 years that they have had difficulty in keeping up with maintenance and operational costs. As a rule of thumb, the State prefers to have state taxpayers fund half of the park costs and the actual park users pay the other half. Mr. Landrum noted that the Sebastian Inlet recreational area is the only major park in the Florida State Park System where it is feasible -to collect a fee that a fee is not being collected, and the State wants to be consistent and have a uniform, statewide system. They do collect some miscellaneous revenue from camping, concession stands, etc. Mr. Landrum explained that although they would like to collect fees on both sides of the park, they are concentrating on the northern side of the park at the present time, where there are no restrictions other than the one imposed by the Governor and Cabinet back in 1975 when the admission issue first arose. Many of the residents within the Inlet Taxing District objected to paying an admission fee because they were paying for the maintenance of the Inlet through their taxes. The State disagreed with that position, because they are not charging anyone to get to the inlet or use the inlet. The State has developed the park and are now providing paved parking spaces, modern restrooms, security, and other services that cost the 18 general taxpayers money to operate, and the State feels that the users of this park should bear part of that cost. Nevertheless, the•Governor and Cabinet decided that there was some equity involved in the position of the Inlet taxpayers and adopted a policy that there would not be a charge for either admission or parking at the Sebastian Inlet State Park. That policy is still in effect and it is up for review with a strong recommendation that it be rescinded to allow a standard admission fee on the north side of the park. Mr. Landrum advised that should the Governor and Cabinet okay the fee at the north side at its June 16th meeting, the DNR plans to ask the Board of County Commissioners of Indian River County to remove the language in the deed restriction that prohibits the charging of admission fees on the south side. They feel that an admission fee should be charged for both sides of the inlet. That has been the State's position from the very outset, but they realize that it is up to the County Commission to decide whether or not to remove the language in the deed restriction. Chairman Scurlock asked about the possibility of having a admission fee structure that differentiates between Indian River and Brevard County residents and those people who come from all over the state and country. Mr. Landrum advised that the Attorney General has said that would not be legal and is contrary to their policy, but Chairman Scurlock did not feel it would be unfair because we pay taxes here and they don't. Mr. Landrum pointed out that no other counties have benefited more from State local assistance programs and grants than Indian River and Brevard. Commissioner Bird realized that while there is an impact on the County's road system by the people using the park, there is also an economic benefit to the county because many people come 19 Bua MAY 12 `907 MAY 12 M7 68i)K 68 F'.UL. �tiJ to this area primarily to use the park and spend a great deal of money while they are here. Commissioner Wheeler asked if the Inlet Taxing District contributes anything to the operation, maintenance, or any improvements in the park, and Mr. Landrum stressed that they do not; they just pay for the maintenance of the inlet and the jetty. The facilities and the services provided by the park are paid for entirely out of the State Park System budget. Commissioner Wheeler asked if there are any areas other than the lots provided by the park to park your car if you are only going to fish off the jetty, and Mr. Landrum advised that there is no area in the immediate vicinity other than those that are provided as part of the park. Chairman Scurlock suggested putting in parking meters, but Mr. Landrum advised that the present policy of Governor and Cabinet is not to charge a parking fee or an admission fee on the north side of the park, but that policy will be coming up for a vote at the June 16th meeting. Chairman Scurlock felt that one of the main concerns is that if the State is successful in charging a fee for the north side, those people who do not wish to pay a fee will use the south side of the park. Mr. Landrum did not feel that a $1.00 fee for car and driver would deter people from parking on the north side if they wished to fish on the north jetty. Commissioner Bird noted that there is a growing trend to go to user fees for many services in this county, and pointed out that Mr. Landrum and his department have been very cooperative in working with Indian River County in helping us acquire beachfront property through the "Save Our Coasts" program and providing grant monies for the development of some oceanfront parks that we already own. They have been a good friend to us and we 20 � � r appreciate that, and he hoped that we will be as open --minded and as sympathetic to the State's position on this issue at the Sebastian Inlet. Mr. Landrum maintained that the people who use the rest of the State park system should not be carrying the load for this park. If the State is successful in instituting the fee system at the park, they can take over the liability, which has become a serious concern for the Inlet Taxing District because of the many accidents that have occurred on the jetty. He wanted to make it clear that the State would not be taking over the structural maintenance of the jetty, just the recreational maintenance. Commissioner Bowman did not like the State's track record up at the Inlet. First, they built the museum right on the dune; then they breached the dune in 2 places, and eventually had to take remedial measures there. Further, contrary to the recommendations of a scientific advisory board, they built the bathhouse where they were told it wasn't safe to swim, and the bathhouse had to be converted into something else. Their most recent boo boo has been to put an edifice right on the inlet's easement, which she believed had to be moved. She felt that either the left hand didn't know what the right hand was doing, or there is an abysmal ignorance about the environment. Mr. Landrum explained that the bathhouse and museum were constructed in the late 60's before he was with the Park System and he could not take the responsibility for those matters. With respect to the latter, the Inlet Taxing District has subsequently allowed the building to remain in the original location as it will not interfere with the maintenance of the inlet. Chairman Scurlock did not feel there is any question that Mr. Landrum and his department have given tremendous assistance to Indian River County, and he did not want to give Mr,. Landrum the impression that we are not appreciative. �� 21 BOGIES �', 1 MAY 11,2Ji fes& r�_ 'I MAY 12 1987 BOOK 68 o') -E6120 Commissioner Bird pointed out that the State has made improvements on the south side of the inlet to the tune of well over $300,000 with the knowledge that no fees can be collected. MOTION WAS MADE by Commissioner Bird, SECONDED by Commissioner Wheeler, that the Board thank Mr. Landrum for updating us and bringing us this information and that the Commission take no action on this fee matter at this time. Under discussion, Bob Ryon of the Sebastian Inlet Taxing District Commission, stated that they have taken a stand against admission fees on the north side of the inlet, even though they realize that many improvements have been made by the State. The Commission hopes that the Indian River County Board of Commissioners will support them in this stand on this issue because people from Indian River County use both sides of the inlet, and if they can beat them again it will negate Mr. Landrum coming back down here and proposing the removal of the deed restriction- Mr. Ryon stated that the Inlet Commission has shown Mr. Landrum and the DNR a willingness to cooperate and has lifted the lawsuit regarding the bathhouse. The Inlet Commission has also indicated their willingness to go 250, or $375,000, for erosion control on the south shore. Mr. Ryon advised that while they are working in that direction, everything is on hold until the user fee is finalized. Chairman Scurlock asked if the District is opposed to any fee being charged of Indian River and Brevard County residents, and Mr. Ryon advised that they made a proposal to Mr. Landrum yesterday that they would not be opposed to taxpayers within the District being able to obtain a family permit for an annual fee of $10 for one car with up to 6 passengers, but apparently Mr. Landrum believes that cannot be done. Mr. Ryon felt we should try it, because 800 of the taxing revenues come from Brevard and 22 20% from Indian River County, and emphasized that the percentage of use of the park by the people living within the inlet taxing district is very low, somewhere in the neighborhood of 20. Commissioner Bird pointed out that if fees were charged on the north side, people still have the option of using the south side for free, even though more improvements are available on the north side. At Least they would have that option, and he would be the first one to argue the point if the State wanted to start charging a fee on the south side. Commissioner Wheeler understood that the Inlet Taxing District was originally set up to maintain the inlet for navigational purposes only, and Mr. Ryon confirmed that the Sebastian Inlet Taxing District is not in the fishing or recreational business; however, when they built the jetty, it seemed that they were immediately in the fishing business. In fact, they have several lawsuits pending against them, any one of which could put them completely out of business. Mr. Ryon expressed his surprise that Indian River County is not willing to take a stand on this issue one way or another, and again asked the Board for their support in opposing a fee on the north side of the inlet. Commissioner Bird felt that if this were an isolated case, he would agree with Mr. Ryon, but he has a difficult time opposing a nominal fee on the north side when the State is consistently charging fees at other parks. In addition, he pointed out that Indian River County is leaning toward user fees in many of our recreational facilities. Commissioner Bowman wished to take a position against the charging of fees. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried by a 4-1 vote, Commissioner Bowman dissenting. MAY 1 MAY 12 1987 Boos 68 Ft � George Gross, speaking as a private citizen and not as a member of the Beach Preservation and Restoration Committee, pointed out that the study of the erosion problem along the County's entire coast line shows that a major portion of the northern shore is eroded because of the inlet, and we would not be facing the cost that is necessary to correct that erosion problem, if it were not for the inlet. Mr. Gross felt we must cover that erosion cost somehow, either through a special taxing district, ad valorem taxes, admission fees, or some other fee. He"advised that the District is looking into several innovative methods in trying to prevent that sand from going into the Inlet, but they cannot proceed under their present budget. They will need some assistance, and felt Indian River County should help the District in some way. Dick Schuler, representing the AARP, advised that the association took an interest in this matter sometime ago after reading in the newspaper about incidents of violence and vandalism at the Inlet. They are concerned to the point that they are afraid to go to the Inlet. He reported that he attended the meeting,in Melbourne yesterday, and can understand the Taxing District being opposed to an admission charge for taxpayers in the District. However, there is no protection for people, except to wait for the Sheriffs of either Indian River or Brevard County or the Marine Patrol to respond to a call. If something happens on park property, the park rangers have some authority, but they do not have any authority to protect people beyond a certain point on the jetty. Mr. Schuler believed a good way to resolve the admission fee question is to change the language from readmission fee" to "parking fee" for those people paying taxes to the Inlet Taxing District. In addition, Mr. Schuler was very disturbed about the newspapers saying that the State first gave the south side property to the County, because for years he has always understood that the land was given to the County by the r McLarty family, not the State. He pointed out that during yesterday's meeting in Melbourne, it was clear that nobody knows who owns what up at the inlet. Chairman Scurlock noted that the Board would be taking this matter into consideration, and thanked everyone for coming this morning. REQUEST FROM THE CODE ENFORCEMENT BOARD FOR DIRECTION ON THE PROBLEM OF ILLEGALLY LOCATED MOBILE HOMES The Board reviewed the following memo dated 5/1/87: TO: The Honorable Members DATE: May 1, 1987 FILE: _ of The Board of County Commissioners DIVISION HEAD.CONCURRENCE: ` SUBJECT:CODE REQUEST FFOREMENT DIRECTOIOND Robert M. Kea ng ICP FROM BOARD OF COUNTY Director Plan ing & Development COMMISSIONERS THROUGH: Michael K. Miller Chief Environmental Planner FROM: Roland M. DeBlois t'�D REFERENCES: TM #87-403 Staff Environment Planner _ode Enforcement Coordinator It is requested that the data presented herein be given formal consideration by the Board of County Commissioners at their regular meeting on May 12, 1987. DESCRIPTION & CONDITIONS: Since being established four years ago, the Indian River County Code Enforcement Board has conducted approximately 200 eviden- tiary hearings and issued a substantial number of orders. The Board has never had a problem enforcing the County's codes in the past. One type of violation, however, has affected the Board differently. This is the type of violation where the violator, because of his economic circumstances, is more of a victim than a violator. Because of this type of case, the Code Enforcement Board wishes to obtain direction from the Board of County Commissioners. At their regular meeting held on March 23, 1987, the Code Enforcement Board asked that the staff approach the Board of County Commissioners, to request that the Commission give the Code Enforcement Board direction as to how to handle the problem of illegally located mobile homes, when those homes are occupied by people who cannot economically afford to move them, and/or cannot find other affordable housing. The area of specific concern is off Oslo Road, in the vicinity of the 800 to 1200 block range. MAY 12 1987 25 gaor r, 0, I' - MAY 12 19-8% BOOK 8 F�, `66 The Code Enforcement Board's concern is exemplified by a code enforcement case that was reviewed by the Board at their March meeting. Lorenzo Lattimore, residing off of 8th Court S.W., was cited in May 1986 as having an illegal mobile home on his property. The subject property is zoned RS -6, Single Family - Residential District. Mr. Lattimore was originally ordered by the Board to remove the mobile home by June 20, 1986. The compliance date. was subsequently extended on three occasions, and Respondent Lattimore is presently under order to remove the mobile home by June 19, 1987 (see attached minutes). At his appearances before the Code Enforcement Board, Mr. Lattimore admitted that the mobile home was placed on the site illegally, without permits being obtained. He testified that he and his family have nowhere else to go, and that he was unsuccessful in finding another affordable place to live. He explained that he had gone to the Housing Authority, which said it could not help him. He also indicated that there are other trailers in the Oslo area, and that his situation is not unique. The staff's position and recommendation to the Code Enforcement Board has been to enforce County ordinances, informing violators of possible assistance from other sources. As directed last September by the Code Enforcement Board, staff reviewed the Lattimore situation and performed an existing land -use analysis in the Oslo area. The land use inventory revealed that there are approximately thirteen (13) mobile homes in the vicinity, some of which were established prior to enactment of present ordinances. Code Enforcement staff policy has been to initiate code enforce- ment action primarily as a response to zoning complaints about illegal mobile homes. Staff also acts only after it can be verified that the mobile home is not a permitted "grandfathered" use and therefore is in fact illegal. ALTERNATIVES & ANALYSIS: There are presently three (3) zoning classifications in the - area of concern off Oslo Road: RS -6, Single -Family Residen- tial; RM -6, Multiple -Family Residential; and CL, Limited Commercial. North of Oslo Road, a CL District extends to a depth of approxi- mately 300 feet, followed by an RM -6 District (approx. 300 feet in depth). The RS -6 District extends throughout the rest of the surrounding area, beginning approximately 600 feet north of Oslo Road (see attach map). South of Oslo Road, an RM -6 District extends to a depth of approximately 600 feet, becoming RS -6. The Comprehensive Land Use designations for the area are MXD (directly along Oslo Road) and LD -2. In an effort to assess options for addressing the issue of mobile homes in the Oslo area, three (3) alternatives are presented: - 1) Enforce present zoning district regulations, coordi- nating with the Housing Authority. 2) Maintain existing zoning classifications, but allow all existing mobile homes to remain as permitted nonconformities; or �3) Rezone the Oslo area tb allow mobile homes as a permitted use. 26 Alternative #1: Enforce present zoning districts, coordinating with the Housing Authority. ADVANTAGES: The present zoning classifications serve a function of .encouraging redevelopment in an area characterized by deteriorating residential structures. The present zoning districts are compatible and in conformance with the County's Comprehensive Land Use Plan. The Housing Authority has indicated that they would extend their full cooperation in providing assistance to residents in need. DISADVANTAGES: Many existing residents in the area cannot afford to renovate their homes to preferred housing standards. The present zoning does not allow the low-income housing alternative of mobile homes. Although the Housing Authority has indicated to staff that they will cooperate fully in proving assistance to residents in need of housing, the Housing Authority is limited by budget, specific guidlines, and a backlog of assistance requests. Alternative .#2: Maintain existing zoning classifications, but allow all existing mobile homes to remain as permitted noncon- formities. ADVANTAGES: This alternative would allow residents presently in mobile homes to maintain them, regardless of when they were established on site. - However, no more mobile homes could be established in the future, and the present zoning would remain intact in all other respects. Redevelopment would be encouraged under present zoning, and existing residents would not be burdened with the task of finding affordable housing elsewhere. DISADVANTAGES: To allow all existing mobile homes to stay would be to give preferential treatment to those who violated zoning codes, and would penalize those who wanted mobile homes, but adhered to zoning requirements. ALTERNATIVE #3: Rezone the Oslo area to allow mobile homes as permitted use. ADVANTAGES: The allowance of mobile homes would offer an affordable option for low-income residents in the Oslo area. In some instances, the use of mobile homes would be an upgrade in living standards to deteriorated structures presently being used. DISADVANTAGES: Allowance of mobile homes would result in a mixture of residential uses which have traditionally been separated through zoning regulations. The allowance of mobile homes would also be in conflict with the County's Comprehensive Land Use Plan, and could result in the establishment of incom- patible adjacent land uses. The staff's position is that existing County ordinances should be enforced. Otherwise, the integrity of the entire code is threatened. As to specific respondents, their cases can be reviewed individually with staff assisting the respondents in obtaining help from appropriate social service agencies. RECOMMENDATIONS Staff recommends that the Board of County Commissioners concur with staff and endorse Alternative #1, which represents a continuation of present policy. 27 MAY 1.2 '19187 BOOK s Fr- MAY 14 X 9 8 % BOOP( 68 rr"!''u,208 -7 DeBlois, Code Enforcement Coordinator, presented staff's recommendation of Alternative #1 for enforcing the present zoning regulations since the Housing Authority has indicated they will extend their full cooperation in providing assistance to residents in need and try to give them a priority status even though they are limited because of guidelines and a backlog of assistance requests. He noted that Lorenzo Lattimore, who owns a mobile that is in violation of the codes, is here this morning if the Board wishes to ask him any questions. Commissioner Eggert asked if the Planning & Zoning Commission had recommended Alternative #1, and Robert Keating, Director of Planning & Development, advised that this matter was not brought to that Board. Basically, it is staff's position that the zoning ordinance be enforced in order to preserve the integrity of the entire code as it exists. Staff is requesting that the Board authorize them to work with the respondent in trying to obtain assistance from the Housing Authority. Commissioner Bowman asked if Alternative #1 means that these families would be uprooted from their neighborhood, and Mr. DeBlois stated that would depend on the specific circumstances. In this particular case, it was verified that Mr. Lattimore established a mobile home after ordinances were adopted prohibiting mobile homes in that area. In these cases, the residents are encouraged to develop some sort of single-family housing if they can afford it. Commissioner Bird preferred to work with Alternative #2 if possible. He did not know how enforceable it might be, but he understood that some of these people may have a difficult time finding other suitable, immediate housing even with the assistance of the Housing Authority. His thought was that maybe we could grandfather in these structures with the understanding that the Housing Authority will be helpful in trying to find them other housing; or, if the existing mobile homes become unoccupied 28 by the present tenants, then the grandfathered clause would cease to be in effect. Commissioner Bird stated he is not in favor of evicting any family which is presently there and cannot qualify or find other housing. Commissioner Eggert wondered at what point this would stop because this is happening all over the County, and Chairman Scurlock felt the social issue of whether to provide appropriate housing and fund that housing is a separate issue from the Zoning Code. If assistance needs to take place for needy families, that is not a planning and zoning issue; that is a welfare human resources type of issue. Commissioner Eggert felt this could trigger a review of how housing is being handled in the County, and perhaps there is a point where the private sector could come in and give some real help to the people in the community. However, we must maintain the validity of our code enforcement rules. Attorney Vitunac advised that under Alternative #2, we will be unable to prevent mobile homes being installed in there in the future. Commissioner Wheeler asked how many mobile homes in that area were not in compliance at present, and Director Keating believed there are approximately 12, but pointed out how difficult it is to determine if they are in compliance. Attorney Vitunac advised that the burden of proof is on the homeowner, not the Planning Department. Lorenzo Lattimore, Code Enforcement Board Case #86-088, stated that his mobile home is his residence and he pays taxes on it. He admitted that he does not like the mobile home and would like to have a new house, but he does not. He told the Commission to do whatever they have to do, but cautioned that if he is kicked out of his mobile home, he intends to puta tent on the property and live in it. Mr. Lattimore explained 'that his piece of property is for sale, and if it sells, he would move far MAY 12 1987 29 BOOK AE�� MAY 12 1987BOOK P�Gr 3'.J10 away from here. He would appreciate any help he could get, but pointed out that the $25 a day fine imposed by the Code Enforcement Board has run up to $1500 and his property is not worth that. He pointed out that if he is unable to sell his property because of the lien, there will be no new development there. Mr. Lattimore advised that he lives there with 4 children and two other gentlemen who have nowhere else to live. If he is kicked out, they will need another place to live also. Mr. Lattimore wondered why the County wants to mess with him in'the first place since he is way out in the boon docks and doesn't bother anyone. He sells a few collard greens, etc, and it is actually good, old-time living. He suggested that if he is forced to remove the mobile from his property that the State build him a house on the same site. Mr. Lattimore wished to know what the County is going to do to him. Chairman Scurlock stated that right now the County is going to kick him out and try to find him assistance in getting him reasonable housing. Commissioner Bird asked if Mr. Lattimore's case is on extension right now, and Mr. DeBlois explained that this case came before the Code Enforcement Board back in May, 1986, and the deadline is currently June 19, 1987. Staff will make a recommen- dation to the Board based on the Housing Authority's ability to assist him by that deadline. Commissioner Bird understood the position of the Code Enforcement Board, but felt that we will have to be consistent in dealing with the other 12 units in the area that might be in non-conformance with our codes. Mr. Lattimore believed there are at least 25 mobiles with families living in them, not just one person to a mobile. Commissioner Bowman asked if we have some Section 8 money for Oslo, and Director Keating stated that this is what the 30 l I Housing Authority is looking at and it is conceivable that Mr. Lattimore could be relocated in the same area. Mr. Lattimore stated that he is in the process of filling out the papers for the Housing Authority and is sending away for birth certificates, social security numbers, etc. Chairman Scurlock felt that the direction of the Board was going to be that staff proceed to check on all of the 25 trailers in the area to see whether they are grandfathered in. Mr. Lattimore said he didn't want to move to Gifford, because he promised his mother that he would never move there. MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Wheeler, that the Board endorse Alternative #1 and ask the Housing Authority to work with these people with due speed; and at the same time, appeal to the private sector to encourage redevelopment of affordable housing in this area so that these people can remain in their neighborhood. Under discussion, Chairman Scurlock requested that staff bring back a status report on the assistance given to Mr. Lattimore by the Housing Authority. Commissioner Bowman asked if Mr. Lattimore would have to take another day off of work to appear before the Code Enforcement Board on June 19th, and Director Keating said he would not. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. Director Keating advised that staff will be reporting back to the Board sometime after the June 19th meeting. AY 1 �J8i 31 Boos KQV MA, 12 1987eoo� ��,� RIGHT-OF-WAY ACQUISITION -- 5TH STREET SW--_CARMELA GROVE PARCEL The Board reviewed the following memo dated 5/1187: TO:THE HONORABLE MEMBERS OF DATE: May 1, 1987 FILE: THE BOARD OF COUNTY COMMISSIONERS THROUGH: Charles P. Balczun County Administrator SUBJECT: R/W Acquisition -5th Street SW n Carmela Grove Parcel James W. Davis, P Public Works Dire FROM: Donald G. Finney, SRA REFERENCES: Right -of -Way Acquisition Agent DESCRIPTION AND -CONDITIONS Required 20' R/W x 1331' length=26,620 square feet with one row of citrus trees. The county's offer to purchase at the Property Appraisers Just Valuation of $2,985.00 previously approved by the Board is not. acceptable to the property owners. The property was purchased December 1985 at .25t per square foot or $880,000. ($10,600. per acre) The property owner contends that $6,655 is an equitable settlement for the .61 acre r/w acquisition. RECOMMENDATION AND FUNDING In lieu of condemnation and additional fees for attorneys, appraisers and court costs, staff recommends the purchase of the 201x1331' r/w for $6,655.00 which equates to the property owners purchase price for the part taken. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board, In lieu of condemnation and additional fees for attorneys, appraisers and court costs, the Board unanimously authorized the purchase of the 20' x 1331' right-of-way for $6,655, which equates to the property owners' purchase price for the part taken, as recommended.by staff. 32 PARTIAL PAYMENT FOR APPRAISALS - NORTH GIFFORD ROAD PROJECT The Board reviewed the following memo dated 5111871: TO:THE HONORABLE MEMBERS OF DATE: May 1, 1987 FILE: THE BOARD OF COUNTY COMMISSIONERS THROUGH: Charles P. Balczun County Administrator SUBJECT: Partial payment for appraisals North Gifford Road Project James W. Davis, P.E. _ Public Works Directo FROM: Donald G. Finney, REFERENCES: Right -of -Way Acquisition Agent DESCRIPTION AND CONDITIONS The Board on February 10, 1987 authorized Napier Appraisal Services - to appraise 17 parcels along North Gifford Road at $550.00 each parcel or $9,350. The right-of-way needs were reassessed and revised causing a savings of right-of-way having to be purchased. Because of the changes made by staff only 14 parcels are now having to be appraised, saving $1,175.00 in appraisal fees and unknown land costs. The Appraiser is requesting payment of $5,500 for 10 appraisals completed and delivered to date and an additional $475.00 for work progress on three parcels now not requiring a completed report. Four reports outstanding will be delayed because of title work difficulties. Payment of $2,200.00 ($550 per parcel) at completion of appraisal reports. RECOMMENDATION AND FUNDING It is recommended that staff be authorized to pay Napier Appraiser $5,975.00 for work accomplished and delivered to date. MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Wheeler, that the Board approve staff's recommendation and authorize payment in the amount of $5,975 to Napier Appraiser for work accomplished and delivered to date. Under discussion, Commissioner Bird asked if we are required to go out to bid on outside appraisers when the cost starts running up into this amount of money. 33 -WiAy 1 P 4 37 BOOK 8 F� j E 30 Attorney Vitunac advised that we are doing this legally, but the Board can, as a policy matter, make additional requirements for obtaining proposals. He noted that many counties use a rotating list of appraisers. Commissioner Bird felt that if we are negotiating with them directly, he was depending on staff to make sure that the prices are competitive; otherwise, he felt we need to go with an open bidding type process. Administrator Balczun suggested that a good alternative method would be to request annual proposals for service and rank them in order of the respondents. Commissioners Bird and Wheeler felt we should proceed with that approach and comprise a list of prequalified appraisers, giving their prices, availability, and expertise in certain areas. Chairman Scurlock felt that it would be nice to hire our own appraiser because these appraisals begin to add up when we spend $5,000-$10,000 at a time. Commissioner Eggert pointed out that we have our own -- appraiser now, but there are times when we get into court challenges. Chairman Scurlock believed that staff understood the Board's direction in this matter. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. DEVELOPMENT AND IMPLEMENTATION OF SOLID WASTE BILLING SYSTEM The Board reviewed the following memo dated 4/22/87: 34 TO: BOARD OF COUNTY COMMISSIONERS DATE: APRIL, 22, 1987 _ VIA: CHARLES P. BALCZUN COUNTY ADMINISTRATOR THRU: TERRANCE G. PINTO IqIIN"`/ DIRECTOR OF UTILITY SERVICES i FROM: H. T. "SONNY" DEAN MANAGER OF SOLID WASTE MANAGEMENT DIVISION OF UTILITY SERVICES SUBJECT: DEVELOPMENT AND IMPLEMENTATION OF SOLID WASTE BILLING SYSTEM BACKGROUND In conjunction with the Indian River County Solid Waste Master Plan, a rate study was made. The recommendation for financing the solid waste activities was to be accomplished with a user charge carried on the property tax bill. ANALYSIS - The Indian River County Division of Utilities Services requested our consultants, Camp Dresser and mcKee, Inc., to submit a proposal to perform the subject service. Attached information is the result of that request. The scope of work is clearly defined along with anticipated tasks. As you can see from the submitted information, there is an enormous amount of work to be performed. RECOMMENDATION ° The Division of Utility Services recommends approval and requests the Board of County Commissioners to authorize CDM to perform this work under our existing agreement at a price not to exceed $159,000.00 as per attached submittal. Utilities Director Terry Pinto understood that these are some questions pertaining to these charges, and suggested that we invite the consultant to next week's meeting to explain the charges. Chairman Scurlock questioned the associate's hours listed in the Project Budget. He felt 492 hours was a significant amount of time allotted to the associate, and that perhaps a lot of this would be just clerical hours. Commissioner Eggert was concerned about spending that much money for time spent on what she considers scut work, and wished to have a fuller explanation of who is spending what amount of, time on what types of work. 3 5 MAY 12 1937 BOOKypy L�py r� 4d' �.l� MAY 12 1997 BOOK ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously 68 f�,,t awl tabled this matter until the consultants can visit and explain the project costs. FINANCE ADVISORY COMMITTEE REPORT Chairman Scurlock reported that he, OMB Director Joe Baird, and Administrator Charles Balczun reviewed 12 proposals from finance consultants and culled those down to a short list of 3 firms that appeared before the Finance Advisory Committee: Arch Roberts M. G. Lewis Huff & Co. Chairman Scurlock advised that after presentations by the above three firms, the first vote ended in a virtual tie between M. G. Lewis and Arch Roberts. The point spread was extremely close; however, Huff trailed by a significant amount. In talking with staff after the meeting, it was staff's position that M. G. Lewis be recommended to the Board of County Commissioners as financial consultant for the County. Chairman Scurlock requested that Administrator Balczun be authorized to negotiate with M. G. Lewis, and if unsuccessful in negotiating with them, go to Arch Roberts, and then to Huff 6 Co. He advised that M. G. Lewis has agreed to give up all of their underwriting activity for Indian River County, which is a requirement of the proposal that a consultant cannot act as both underwriter and advisor. He explained that we do not have a financial advisor/consultant at this point, but the County has used all three firms from time to time as financial advisors or underwriters on various bond issues. Commissioner Bird asked if the financial advisor would get involved in the day-to-day investment of funds, and Chairman Scurlock explained that the consultants would advise on specific issues at our request, such as the selection of an underwriter, 36 or structuring a financial deal, review discount rates, and act in the best interests of the county. Generally, an underwriter looks at the ability to market the product, the ability to sell those bonds, and is not necessarily always looking at the best interests of the county. Director Baird has the responsibility of day-to-day investment of funds, but brings only overall policy matters to the Finance Advisory Committee from time to time. Commissioner Bird wondered if Director Baird feels he needs any additional expertise in this area, but Director Baird stated that he feels secure in handling that by himself and did not believe that a financial advisory committee or an outside firm should be involved with the day-to-day investment of funds. He explained that he looks at the highest rates possible on 30,60, or 90 day terms, depending on what direction the market is -- taking, but the number one item he considers is safety. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Eggert, the Board unanimously authorized the County Administrator to negotiate with M. G. Lewis and bring it back to the Board. DISCUSSION RE UNDEVELOPED RIVERFRONT AND OCEANFRONT PROPERTIES IN THE ESTATE OF JULIAN LOWENSTEIN, DECEASED The Board reviewed the following letter dated 3/30/87: i VP BILL F. STEGKEMPER, G.R.I. ��®�� 1 11011011 GRADUATE OF REALTOR INSTITUTE DESIGNATED APPRAISER LIL3 LICENSED BROKER — SALESMAN Since 1960 REAL ION` MEMBER OF MILLION DOLLAR SALES CLUB OFFICE (305) 567-3900 RES. (305) 569-3458 Post Office Box 699 �Z8�93n3j Vero Beach, Florida 32961-0699 March 30, 1987 APR 11187 p� COMMRO CO�Nn, BOO Mr. Tommy Thomas ftn 18402County 5th Street Vero Beach, Florida 32960 RE: Undeveloped Riverfront and Oceanfront Properties in the Estate of Julian W. Lowenstein, deceased. 37 MAY 12 1907 BOOK r-WAY12 W7 Dear Tommy: BOOK 68 PAGE 30 I would like to call your attention to, and present to our county, the Opportunity to acquire 78+ acres of riverfront property. This parcel is located on the west bank of the Indian River, and extends south 1,900+ feet from the boat launching area at the east end of Oslo Road. The site is an undeveloped aqua -marine area with many mangroves. - Enclosed is information about the property from estate appraisals. The property is marked out in red. The asking price is $216,700 ($114 per front foot or $2,278 per acre). Also, I would like to recall your attention to a December 1, 1986, letter - from Mrs. Lowenstein's attorney. This letter concerned 1.86 acres of undeveloped oceanfront property extending to A -1-A with 157 feet frontage. This particular parcel adjoins property already purchased by our county on the north barrier island and would be an -asset to what we already own. Tommy, I know you are aware and, I am sure all of our Commissiopers are aware, that undeveloped waterfront property is irreplaceable. Once it is developed - it is lost forever. Please present a copy of this to each Commissioner. I do believe they will be interested. Perhaps both parcels could be purchased together, and terms are negotiable. Thank you Sir, for your attention to this letter, and to my request. Respectfully, Bill F. Stegkemper Chairman Scurlock reported that the Finance Advisory Committee, after discussing the matter with Utilities Director Terry Pinto, indicated that they would like to go ahead and pursue the negotiation for the acquisition of the 78 acres of wetlands held in the estate of Julian Lowenstein. Mr. Putnam of the FAC wished to expand that scope to consider additional wetlands, but the Committee felt that the only item to be discussed at this time is the specifics of the Lowenstein property, which is about 1900 feet of river frontage. The Chairman advised that Director Pinto indicates that we have sufficient funds in the Utilities Department to reserve that property for effluent disposal capability. The question arose that we may get to the point where that is not the best use, but that would be determined by this Commission or by time. If it is determined that effluent disposal would not be something that we' would pursue, there would be an ability by the Utilities Dept. to 38 M M M sell those rights back to the Board of County Commissioners to use in any way they see fit. There is no intent by the Utilities Department to do anything that is environmentally insensitive. At this point we have every indication that our current effluent disposal at Vista Gardens and Vista Royale is very effective, and staff would like to pursue additional capability. Commissioner Bird suggested that if the primary purpose of acquiring these wetlands is for effluent disposal, it would be prudent to put a contingency clause in the contract that the contract is subject to the County receiving the various governmental approvals and permits necessary to use it for that purpose, as he did not want to see the Utilities Department end up owning a $216,000 piece of property that cannot be used for that purpose. Commissioner Eggert felt that we should own these wetlands in any case. Director Pinto stressed that the problem is that we are not ready to permit and will not be in that position for sometime in the future. It is no different than purchasing land for a golf course or some other purpose, and until we get to that time, we don't know the permitting requirements that will be in effect at that time. Commissioner Bird felt he could buy the argument Lif Director Pinto is saying that he needs that property to make the system function, but he was not sure that he is ready to take the position that the County is going to go out and start acquiring wetlands just to preserve wetlands. He felt the Commission has a tremendous responsibility to generate money to develop park lands and oceanfront property that we presently own. As much as he would like to be aggressive in acquiring wetlands whenever possible, he wondered if we have other options rather than just running out and paying cash for them, such as density transfers for the upland portions and access to the river for fishing, etc. 39 L— MAY 1 22 'd BOOK ga r MAY 12 1997 BOOK 6 8 F - .3 1 Commissioner Bowman advised that there was some upland property associated with this that could be developed into parks. She stressed that our primary purpose is to get the effluent out of the river. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board by a vote of 4-1, Commissioner Bird dissenting, authorized appropriate staff members to negotiate with the Lowenstein estate for acquisition of the 78 acres of wetlands and bring it back to the Board. Commissioner Wheeler just wanted to be sure that every effort is made to determine the real market value of the property, because the property really is unbuildable. Chairman Scurlock explained the Motion only authorizes the negotiations for acquiring the property, which means that we would also look at gifts, taxes, etc. Commissioner Bowman stressed that we have been told that this is negotiable. Commissioner Bird explained that he misunderstood the intent of the Motion and wished to change his negative vote. CHAIRMAN SCURLOCK ASKED THAT THE RECORD SHOW THAT THE MOTION WAS UNANIMOUSLY APPROVED. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously authorized appropriate staff members to negotiate for the property located on north AIA, as described in the above memo, and bring it back to the Board. 40 DISCUSSION RE FELLSMERE LIBRARY Commissioner Eggert advised that the Board has already given conceptual approval to the assistance plan, and pointed out that it will not cost any more money than was budgeted for this year. It looks like the City of Fellsmere will provide grounds and building maintenance. The Historical Society is going to apply for a grant for roof improvements and that type of thing. The Women's Club will lease the building to the County at a very nominal fee such as $1, and the County will be responsible for utilities, insurance, and the hiring of one person whoiis already in the Sebastian budget. Marion Turner has given us a reverse cycle air conditioner. Administrator Balczun wished to have it made clear that utilities do not include water or sewer. Commissioner Eggert wished to have the Board's permission to have a lease prepared and proceed in this project. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously authorized Commissioner Eggert to have a lease prepared and proceed in this project. INDIGENT HEALTH CARE TASK FORCE The Board reviewed the following memo dated 516187: 41 MAY 12 1987 BOOA .N kjAY 12 1987 BOOK 6 8 IF'AGE 1?, STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES INDIAN RIVER COUNTY PUBLIC HEALTH UNIT 5 14TH AVENUE ENVIRONMENTAL HEALTH 177 o BEACH. FL 32960 1840 25TH STREET -SUITE N-1 18 IV PHONE (305) 567.1 101 VERO BEACH, FL 32960 OM 451.5302 TELEPHONE (305) 567.8000 EXT. 229 �l�oo�S SUN COM 424.1229 ���`SSo 1� -4. May 6, 1987 Don C. Scurlock, Jr., Chairman Indian River County Board of County Commissioners At the May 4, 1987 meeting on Indian River County's Primary/Indigent Health Care, it was decided to form a sub- committee. The goal of the committee is to revise or improve a plan to set in motion a Primary/Indigent Care Center for Indian River County to better provide for the health care needs of the citizens of the community. The committee would consist of one representative from the following groups: Indian River Memorial Hospital Indian River County Hospital District Indian River County Public Health Unit Indian River County Medical Society Indian River County Board of County Commissioners Please appoint a representative or designate a person to act as a member of this committee and let us know your deci- sion by May 15 if possible. You may call 567-1101 extension 35. As soon as we have this information, we will begin mak- ing arrangements for another meeting. Qjacquel ne Chesney, R.N., M.N. Acting dm' istrative Director Commissioner Eggert advised that she has been serving on the Indigent Care Task Force, but there has been a recommendation that a new committee be formed. She wished to have the Board's permission to serve on that committee. 42 i LIST FROM: Indian River County Public Health Unit DISTRlgUT10N - ;�. Commissioners SUBJECT: Public Health and Indigent Primary Care Administrator _----� Attorney TO: Michael O'Grady, President,_---�� Personnel Indian River Memorial Hospital Public Works ------- Com�:�unity Gev. __,-- Hugh K. McCrystal, M.D. , Chairman Indian River County Hospital District Uti':it:es I=.iri«nLe Cynthia Peterson, Executive Director Indian River County Medical Society Don C. Scurlock, Jr., Chairman Indian River County Board of County Commissioners At the May 4, 1987 meeting on Indian River County's Primary/Indigent Health Care, it was decided to form a sub- committee. The goal of the committee is to revise or improve a plan to set in motion a Primary/Indigent Care Center for Indian River County to better provide for the health care needs of the citizens of the community. The committee would consist of one representative from the following groups: Indian River Memorial Hospital Indian River County Hospital District Indian River County Public Health Unit Indian River County Medical Society Indian River County Board of County Commissioners Please appoint a representative or designate a person to act as a member of this committee and let us know your deci- sion by May 15 if possible. You may call 567-1101 extension 35. As soon as we have this information, we will begin mak- ing arrangements for another meeting. Qjacquel ne Chesney, R.N., M.N. Acting dm' istrative Director Commissioner Eggert advised that she has been serving on the Indigent Care Task Force, but there has been a recommendation that a new committee be formed. She wished to have the Board's permission to serve on that committee. 42 i ON MOTION by Commissioner Bird, SECONDED by Commissioner Wheeler, the Board unanimously appointed Commissioner Eggert to serve on the Primary/Indigent Health Care Sub -Committee. SOUTH COUNTY FIRE DISTRICT The Board of County Commissioners recessed at 11:40 o'clock A.M. in order that the District Board of the South County Fire District might convene. Those Minutes are being prepared separately. The Board of County Commissioners reconvened at 11:45 o'clock A.M. with the same members present. PRESENTATION ON NORTH COUNTY SEWER PROJECT BY MASTELLER AND MOLER, INC. The Board reviewed the following memo dated 5/4/87: DATE: MAY 4, 1987 TO: BOARD OF COUNTY COMMI SIS NERS FROM: TERRANCE G. PINTO DIRECTOR OF UTIL ICES SUBJECT: PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS BY MASTELLER AND MOLER, INC., REGARDING THE NORTH COUNTY SEWER PROJECT BACKGROUND Early 1986, Masteller and Moler, Inc., was authorized by the Board of County Commissioners to begin engineering studies relating to the North County Sewer Projedt. A considerable amount of time has been devoted to several feasibility studies associated with the project. Due to the large service area, response time has been very slow but rewarding. Masteller and Moler would like to take this opportunity and share this information with the Board of County Commissioners. RECOMMENDATION Based on the information that Masteller and Moler has provided, the Utility Department asks that the Board of County Commissioners authorize the Department to proceed immediately with the necessary steps associated with the design, implementation and completion of the project. 43 MAY 12'Q7 BGGK rr�r,r n��P� MAY 12 1987 BOOK Utilities Director Terry Pinto reported that the County has negotiated agreements with the City of Sebastian to take over their service area. To fund this project we are looking at the method used on the SR -60 sewer project, that being an assessment for each ERU (Equivalent Residential Unit) Wastewater Reservation. We started out with less than 1000 interested people, and we are over 7000 units, which is why we feel it is time to ask the Board's permission to proceed with the project. Earl Masteller provided the Commissioners a Feasibility Report (under blue cover) and an assessment Report (under cream cover), along with a large blueprint of the project. (This material is on file in the Office of the Clerk to the Board.) He reported that what started out as a wastewater plan for the Roseland area snowballed into a project that will extend from the north county line down to Hobart Road. The pieces of the sewer plan started to fall in place once Sebastian city officials decided to join the effort, as they have been seeking public sewer for the past several years. Commercial development in downtown Sebastian is limited because of the septic system, and this system will provide for much more orderly growth. In addition, the sewer system will eliminate 18 of the 19 package sewer plants in the north county area, which is a goal of county officials. The project will also do a great deal to clean up the Indian River and the Sebastian River since many of the package plants are dumping either directly or indirectly into the rivers, and other leakage is coming from the septic tanks of residential homes located near the rivers. Mr. Masteller advised that the project will be paid for with the County's standard wastewater impact fee of $1250 for each unit hooking up to County sewer. Those who have voluntarily committed to the project's first phase will pay through a 10 -year special assessment program. Mr. Masteller felt this is a very exciting project in that it is an indication of partnership between the private and public sectors. 44 Chairman Scurlock emphasized that Sebastian's participation was the key to organizing a regional wastewater system for the area, and felt that Sebastian deserves a lot of credit. Rather than going through the Feasibility Report page by page, Mr. Masteller said he would just point out that pages 25 and 26 of the Feasibility Report list line items, quantities, and descriptions relative to the construction of the project. Chairman Scurlock noted that no mention is made of the interest during construction, and Mr. Masteller confirmed that two things are missing in that respect. The estimate does not include any funds to cover interest during construction or financing expense. In order to add those elements to the study, as it moves toward more detailed finalization, they would have to coordinate that with Director Baird. Director Pinto wished to comment on the interest during construction. This is a unique project and we devised a unique way to fund the project. The assessment is based on the impact fee times the number of units, plus the amount of interest that the borrowing has caused; thus, the actual interest is,built into the assessment, not into the project. Chairman Scurlock felt it should be made clear that this assessment is for the core system and there are additional costs for the internal system, which is not a part of this project. Commissioner Eggert asked just how far west this system would ultimately go, and Mr. Masteller advised that this is the first phase and the system can be expanded to serve further north, south and west. Mr. Masteller apologized for only hitting the high points today, and suggested that possibly the Board might wish them to come back after they have had a chance to review these reports in detail. However, he was glad that Chairman Scurlock raised the point about the core system, and explained that this system is basically the same system that was used on the SR -60 project, 45 MAY 12 987 Boas L— MAY 1 which was so successful. It is basically what we call an arterial or core system, consisting primarily of pumping stations and force mains. The project components are sized for the ultimate flows at buildout in this area. The initial facilities include a 1 -million gallon treatment plant, but they expect that the ultimate flow will be somewhere in the neighborhood of 5 to 6 million gallons daily, which is consistent with some of the other subregional plants the County is constructing. it will be the requirement of the connectors, whether they are abandoned package plants, future project developers, or individual customers, to provide for construction and financing of their own collection and conveyance system to get to the County's lines, where it will be taken, pumped, treated, and reused. Chairman Scurlock said that this time we are going to be doing it a little differently than the assessment on SR -60 in that if any developer is participating at 50 or more, we would require a letter of credit so that if that developer goes under, the County's cash flow would not be interrupted. Mr. Masteller introduced engineer Rowena Sommer who was responsible for putting together the assessment roll for this project. Ms. Sommer reported that Masteller and Moler has estimated the cost of the project at $7 -million, and 7500 reserved ERUs translates into revenues of approximately $9 -million, which leaves an excess of $2 -million. Should any commitments to this system fail, this surplus amount can aid in financing the project. To organize all of these commitments, they adopted the system that is currently in use by the Property Appraiser's Office, whereby a tax identification number is assigned to each property. This I.D. number is marked on tax maps and can be computerized. Referring to blown -up maps of the area, she pointed out that the properties shown in yellow represent the ones that wish to participate in this project. Unfortunately, some people had to be notified that their properties were not in 46 r the area that could be serviced during the first phase. However, many of these people wrote back saying that they would be Interested in particiipating in the expansion of the system. She stressed that all the lines are sized to handle service at buildout. Director Pinto felt it was important that everyone understands that this is a core system, and where it is necessary to install lines down specific streets, it will be necessary to do a separate assessment for the cost of those lines. The $1250 impact fee only pays for the plant, which means capacity, and included in the plant is the core system and certain lift stations. When we break off and start serving specific little streets, that is internal and the cost is charged to the property owner that is benefiting from the service. Property owners on these specific streets will be faced with the cost of house to street connection and street to County lines connection. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Eggert, the Board unanimously authorized the Utilities Department to proceed immediately with necessary steps associated with the design, implementation, and completion of the North County Sewer Project, as recommended by Director Pinto. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 12:10 o'clock P.M. ATTEST: Z -Z J Clerk Chairman MAY 1 1987 47 BOOK'17