Loading...
HomeMy WebLinkAbout11/3/1987s f Tuesday, November 3, 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, November 3, 1987, at 9:00 o'clock A.M. Present were Don C. Scurlock, Jr., Chairman; Richard N. Bird; Carolyn K. Eggert; and Gary C. Wheeler. Absent was Margaret C. Bowman, Vice Chairman, who was recuperating from surgery. 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. Reverend Paul Hauenstein of Christ the King Lutheran Church, Sebastian, gave the invocation,,and Chairman Scurlock led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Commissioner Wheeler requested the addition of approval for a controlled study on a viadune project at Wabasso Beach Park re any effect it may have on sea turtle nesting. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Eggert, the Board unanimously (4-0) added the above item to today's Agenda. BOOK ;_Q DGE 01 31987 ANON 3 1987 BOOK 70, PAGF 0'2 APPROVAL OF MINUTES The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of October 13, 1987, or the Special Meeting of October 14, 1987. There were none. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously (4-0, Commissioner Bowman being absent) approved the Minutes of the Regular Meeting of 10/13/87 and the Special Meeting of 10/14/87. CONSENT AGENDA Commissioner Eggert requested that Item B be removed for discussion, and Commissioner Wheeler requested that Item E be removed also. A. DOT 5 -Year Transportation Plan Received and placed on file in the Office of the Clerk to the Board: Adopted 5 -Year Transportation Plan July 1, 1987 through June 30, 1992 Florida Dept. of Transportation Division of Planning & Programming B. Approval of State HRS Primary Care Proposal The Board reviewed the following memo dated 10/29187: TO: Board of County DATEctober 29, 1987 FILE. Commissioners SUBJECT: I . R. C • Public Health Unit Primary Care Proposal FROM: Carolyn K. Eggerr tri/ REFERENCES: At a meeting of the Primary Care Committee at Indian River Memorial Hospital on Thursday, October 29, 1987, the Indian River County Public Health Unit Primary Care Proposal was approved with the following changes: 1. Page 6, Paragraph 3, the words "Gifford area" were changed to "Gifford/Wabasso/Oslo area". Words are to be added to indicate that transportation concerns will be addressed. 2. Schedule IV - the salary of the General Practice Physician is to be raised from $40 to 45. RECOMMENDATION: The Committee joins Dr. Berman in asking that 1. The statement of Agreement be approved and signed by the Chairman; 2. The fee schedule be approved. They are equal to current Medicaid reimbursement; and 3. The Resolution of Endorsement for the Primary Care Proposal be approved and signed by the Chairman. The three requests are State HRS Primary Care Program requirements. INDIAN RIVER CMINTY PUBLIC HEALTH UNIT ATTACHMENT Q CLINICAL FEE SCHEDULE OFrIk VIaii ,.:,f„cLiSrED PATIENT) Minimal 10.00 Brief SERVICES/PROCEDI Limited PROC----99N SERVICES/PROCEDURES CHARGE PROC. CODE ----______Y_--- 24.00 Comprehensive 36.00 OFFICE VISIT (NEW PATIENT) (CHN) 10.00 INJECTIONS PAP SMEAR Hemoglobin (HGB) Brief 30.00 90000 Oral Polio No Chrg. 90712 Limited 30.00 90010 DPT No Chrg. 90701 Intermediate 35.00 90015 MMR No Chrg. 09707 Extended 44.50 90017 TB Tine 5.00 86585 Comprehensive 50.00 90020 PPD. 5.00 86580 Pneumonococcal Vaccine 5.00 01246 OFFICE VISIT (ESTABLISHED PATIENT) DT (Adult) lU.N) 90702 Minimal 12.00 90030 Brief _1.50 90040 Fluogen (All Types) 5.00 90702 Limited 21.50 ")50 HIB 5.00 Intermediate 25.00 90060 Hepatitus A 10,00 Extended 30.00 90070 Hepatitus B (Heptavax) 70.00 (cc) Comprehensive 45.00 90080 Hepatitus B (Imm. Glob.) 70.00 (cc) Rabies Vaccine 50.00 (Vial) OFrIk VIaii ,.:,f„cLiSrED PATIENT) Minimal 10.00 Brief 17.00 Limited 17.00 Intermediate 20.00 Extended 24.00 Comprehensive 36.00 EPSDT School Physical (MD) 20.00 W9881 School Physical (CA) 16.00 W9881 School Physical (NP) 16.00 W9881 School Physical (CHN) 10.00 W9981 PAP SMEAR Hemoglobin (HGB) 10.00 88150 MATERNITY Ante Partum Care (Lon Risk) 800.00 Ante Pattum Care (Hioh Risk) 1200.00 New Pt. Comprehensive Vst. 50.00 Established Pt. Limited Vst. 21.50 OVERSEAS Cholera 15.00 Typhoid 10.00 LABORATORY COPIES Blood Sugar Screening 5.00 60.00 W9759 Blood Sugar Fasting (SGOT) 5.00 84450 Culture/Skin 5.00 87070 Culture/Throat 5.00 87060 Hematocrit (HCT) 5.00 85018 Hemoglobin (HGB) 5.00 85018 Lead Blood 10.00 Immunizations O'Sullivan 10.00 200.00 Pregnancy Testing 5.00 86006 RH Factoring 12.00 86105 Sickle Cell 10.00 85660 Urine (Dip Stick) 3.00 81000 VDRL 1 8.00 86592 PHARMACY CHARGE 12.00 FAMILY PLANNING COPIES Initial/Post Partum Exam 60.00 W9759 Medical Records (1-3 Pgs) 2.00 Medical 39.00 Medical Records (4-7 Pgs) 3.00 Annual Exam 52.00 Medical Legal Records 15.00 Suoply/Counsel 14.00 Physicals 1.00 Tubal Lioation 625.00 Immunizations 1.00 Vasectomy 200.00 MISCELLANEOUS Speciality Referral 45.00 Nutrition 20.00 Health Education 20,00 3 BOOK NOV 31987 7 F,a. E 0 Fr- -I MV 3 1997 BOOK FACE 0 Commissioner Eggert pointed out that on Schedule 11, the contract requested for 1988-89 remains at $84,000. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously (4-0) adopted Resolution 87-131, approving the Statement of Agreement to special conditions and fee schedule related to the provision of Primary Health Care Services by the County and HRS, and endorsing the acceptance of the IRC Public Health Unit Primary Care Proposal; and authorized the Chairman to execute the Statement of Agreement. 2 0-- 11/02/87(s4)LEGA =nm) RESOLUTION NO. 87-131 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA ACKNOWLEDGING AND APPROVING THE STATEMENT OF AGREEMENT TO SPECIAL CONDITIONS AND FEE SCHEDULE RELATED TO THE PROVISION OF PRIMARY HEALTH CARE SERVICES BY THE COUNTY AND THE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, AND ENDORSING THE ACCEPTANCE OF THE INDIAN RIVER COUNTY PUBLIC HEALTH UNIT PRIMARY CARE PROPOSAL AS PREPARED BY THE PUBLIC HEALTH DIRECTOR. WHEREAS, effective July 1 1987, each county in the State of Florida is required to establish a primary health care program; and WHEREAS, the Board has previously designated funds in its 1987/1988 budget to be used in implementing a primary health care -program and has directed the staff of the County Health Department to prepare a program proposal; and WHEREAS, the State Health and Rehabilitative Services requires endorsement for the proposal from the Board and approval of a Statement of Agreement to special conditions and a Fee Schedule relating to the provision of primary care services; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the Indian River County Public Health Unit Primary Care Proposal and the Department of Health and Rehabilitative Services Statement of Agreement and Fee Schedule are hereby endorsed and approved in furtherance of the creation of a primary health care program. The foregoing resolution was offered by Commissioner Eggert and seconded by Commissioner Bird, and, being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice Chairman Margaret C. Bowman Absent Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert Aye Commissioner Gary C. Wheeler Aye 5 'VOID 3,1987 BOOK 10 PAGE 05 IOV` 19$7 BOOK 7 PAGE 0 The Chairman thereupon declared the resolution duly passed and adopted this 3rd day of November 1987. ~~ INDIAN RIVER COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By G. on cur ock, J r. Tia i rman ATTACHMENT I SMTEMENT OF A The Indian River County Health Unit and the Indian River County Board of County Commissioners agree to the following special conditions as they relate to the p Provision of primary care services and the implementation of their contract with the Department of Health and Rehabilitative Services. 1. To give priority in service delivery to persons with family incomes below 100 percent of the most current federal non-farm poverty guidelines, and to follow the department's eligibility criteria; 2• To serve persons below 100 percent of the most current federal non-farm Poverty guidelines at no charge; 3. To establish a sliding fee schedule for determining the level of payment for clients with family incomes between 100 and 200 percent of the most current federal non-farm poverty guidelines if the project plans to serve Persons in this income category. Such a fee schedule shallr Percent increments between 100 and 200 percent; P ogress in 20 4. To register all primary care clients in the department's client registration system and to issue a "primary care participant" card to all registered clients; 5. TO provide client specific and aggregate reports as required by the deft; 6. To follow departmental accounting procedures with respect to the funds awarded in the contract,with the department; 7. To develop a consoli sistent with guidedated or unified record for primary care clients con lines established by the department; 8. To participate in the evaluation of the primary care project under the department's direction as specified in 154.011(2), F.S.; 9. To ensure that subcontractors in the primary care project abide by the sane conditions as those placed on the provider. 10. The Indian River County Board of Commissioners will provide the sum of $84,000 as its contribution to the development and implementation of the unary Care Program, d D. Be , M.D., Director Indian River ty Public Health Unit W /J Don C. Scurlo Indian River County Bo of County Commissioners i- -87 v � s C. Acceptance of Urban Forester's Annual Report ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously (4-0) accepted the Urban Forester's Annual Report from William K. Debraal. ANNUAL REPORT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD D. Acceptance of Medical Examiner Commission's 1986 Annual Report The Board reviewed the following memo dated 10/23/87: October 23, 1987 MEMORANDUM TO: County Commissions in Florida FROM: Dale H. Heideman Medical Examiner 41eram'Administrator SUBJECT: 1986 Medical Examiner Commission Annual Report At the request of the County Commission representative to the Medical Examiner Commission, Mr. Lee Vause, I am forwarding you a copy of the Commission's 1986 Annual Report. This report outlines the•activities. of the various district offices throughout Florida as well as the major accomplishments of the Commission during 1986. I hope that the report will provide you with useful information. If you have any questions as to the material contained in the report, please feel free to contact me. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously (4-0) accepted the 1986 Medical Examiner Commission Annual Report. ANNUAL REPORT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 7 BOOK 70 PAGE 07 r- NOV 3198? BOOK 70 Fa,c 08 E. Request by Soil Conservation Service for One Load of Fill at Rosewood Elementary School The Board reviewed the following memo dated 10/23/87: TO: The Honorable m nbers of the DATE: October 23, 1987 FILE: Board of County Commissioners THROUGH: Charles Balczun, County Adninistrator SUBJECT: Request by Soil Conservation Service for One Load of Fill at Rosewood Elementary School FROM: James W. Davis, P.E REFERENCES: Nancy Ham>inons, SCS, to Public Works Director Jim Davis dated 10-7-87 11) *. :41 sw Q1• 11 •• It • The Soil Conservation Service is requesting a small load of fill to be used at the Rosewood School for construction of an native plant 'outdoor classroom" to be constructed by the Vero Beach Garden Club. The Road and Bridge Department will supply the fill. Staff recommends one load of fill be provided by the County for this project. Commissioner Wheeler felt that the School Board should be made aware of the County's cooperative response in this matter, and Chairman.Scurlock agreed to write a letter to the School Board. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bird, the Board unanimously (4-0) authorized the provision of one load of fill for the Rosewood School project, as recommended by staff. F. Final Plat Approval for Foxridge Subdivision The Board reviewed the following memo dated 10/22/87: TO: The Honorable Members of DATE: October 22, 1987 FELE: the Board of County Commissioners DIVISION HEAD CONCURRENCE: Roert N . Ke t g, P SUBJECT: FINAL PLAT APPROVAL FOR Planning & Deve op nt Director FOXRIDGE SUBDIVISION THOUGH: Stan Boling �} Chief, Current Development e7"A/ FROM! Robert E. Wiegers REFERENCES: foxridge Staff Planner BWIEG2 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of November 3, 1987. DESCRIPTION AND CONDITIONS: Fo�ridge is a 40 lot subdivision of a ±10 acre parcel located in the northeast corner of the Timber Ridge PRD project, north of Oslo Road on the east side of the Lateral "J" Canal. The current zoning is RM -6 (Multi -family Residential, up to 6 units/acre) with a land use designation of LD -2 (Low Density Residential, up to 6 units/acre). At their regular meeting of January 6, 1986, the Board of County Commissioners granted conceptual PRD approval for the entire Timber Ridge project, which includes the Foxridge subdivision. On December 11, 1986, The Planning and Zoning Commission granted preliminary PRD approval for Foxridge. Since that time, a land development permit has been issued and all internal required subdivision improvements have been constructed. Pursuant to a condition of preliminary PRD plat approval, provision for construction of a left -turn lane at the Timber Ridge Oslo Road entrance is required. The owner, Andrew Mustapick, is now requesting final plat approval and has submitted: 1. a final plat in conformance with the approved preliminary -PRD plat; 2. a performance bond for 1150 of the cost of constructing a left -turn lane on Oslo Road at the project entrance (to satisfy the preliminary PRD plat approval condition); 3. an approved cost estimate from the project engineer; and 4. a contract committing the applicant to complete the left -turn lane improvements. ANALYSIS: All required improvements have been constructed, and have been inspected and approved by Public Works. All requirements for final PRD plat approval have been satisfied. RE60MMENDATION: Staff recommends that the Board of County final plat approval to Foxridge Subdivision, man of the Board of County Commissioners to the applicant, committing the applicant remaining required improvements, and accept guaranteeing the contract. W, Commissioners grant authorize the Chair - sign a contract with to completing the the performance bond BOOK „ 0 PAGE 09 V 3 19az BOOK 70 FADE 10 -7 - ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously (4-0) granted final plat approval to Foxridge Subdivision; authorized the Chairman to sign a contract with the applicant, committing the applicant to completing the remaining required improvements; and accepted the performance bond guaranteeing the contract. 4 CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD G. Final Plat Approval for Woodlands Subdivision The Board reviewed the following memo dated 10/30/87: TO: The Honorable Members of DATE: October 20, 1987 FILE: the Board of County Commissioners DIVISION HEAD CONCURRENCE: Ro ert Keati g, P SUBJECT: FINAL PLAT APPROVAL FOR Planning & Deve op nt Director WOODLAND'S SUBDIVISION THROUGH: Stan Boling Chief, Current Development - FROM'A Robert E. Wingers REFERENCES: woodlands Staff Planner BWIEG2 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of November 3, 1987. DESCRIPTION AND CONDITIONS: Woodlands Subdivision is a 55 lot subdivision located on the north side of lst Street S.W., to the east of the Meadows Subdivision. The subject property is ±19.0 acres in size. The zoning classi- fication of the site is RS -6, Single -Family Residential (up to 6 units/acre). Its land use designation is LD -2, Low -Density Residential (up to 6 units/acre). The proposed density is ±3 units/acre. At their regular meeting of June 11, 1987, the Planning and Zoning Commission granted preliminary plat approval for the subdivision. The owner, Norman Hensick is now requesting final plat approval and has submitted: 1.- a f inal plat; plat in conformance with the approved preliminary 2. an irrevocable letter of credit for 115% of the cost of the remaining required subdivision improvements; 3. an approved cost estimate from the project engineer; and 4. a contract committing them to completing the remaining required improvements. ANALYSIS: The subject subdivision will receive water service from Indian River County. The use of individual septic tanks has been ap- proved by the Environmental Health Department. A Stormwater Management Permit has been issued by the Public Works Director. The County Attorney's Office has approved the contract subject to its being signed by the Chairman of the Board of County Commis- sioners. The final plat is also in conformance with the approved preliminary plat. Thus, all County requirements concerning final plat approval have been addressed. RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final plat approval to Woodlands Subdivision, authorize the Chairman of the Board of County Commissioners to sign a contract with the applicant committing the applicant to completing the remaining required improvements, and accept the irrevocable letter of credit guaranteeing the contract. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously (4-0) granted final plat approval to Woodlands Subdivision; authorized the Chairman to sign a contract with the applicant, committing the applicant to completing the remaining required improvements; and accepted the irrevocable letter of credit guaranteeing the contract. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD H. Release of Easement - Lord Calvert Estates Subdivision, Lots 1 & 2, Block 2 The Board reviewed the following memo dated 10/13/87: [NOV 31967 " BOOK 70 PAGUE A NOV 3 1987 Boos 70 PAGE 12 TO: The Honorable Members of DATE: October 13, 1987 FILE: the Board of County Commissioners DIVISION HEAD CONCURRENCE RELEASE OF EASEMENT REQUEST BY LINDA CROSS SUBJECT: SUBJECT PROPERTY: LOTS Robert M. Keat/ingf7AICP 1 & 2 BLOCK 2, LORD Director, Planning & Development CALVERT ESTATES SUBDIVI- SION Through: Roland M. DeBlois Staff Planner FROM: Charles W. Heath REFERENCES: Code Enforcement Officer It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of November 3, 1987. DESCRIPTION AND CONDITIONS: The County has been petitioned by Linda Cross, owner of the subject property, for the release of the common three (3) foot side lot utility and drainage easements of lots 1 and 2, being the westerly three (3) feet of Lot 1, and the easterly three (3) feet of Lot 2, Block 2, Lord Calvert Estates Subdivision, Section 22, Township 32 South, Range 39 East, Indian River County, Florida; according to the Plat thereof as recorded in the Official Record Book 757, Page 1640. It is the petitioner's intention to construct a single-family residence on the property. The current zoning classification is RS -6, Single -Family Residential District. The Land Use Designation is MXD, Mixed Use District, allowing up to six (6) units per acre. ALTERNATIVES AND ANALYSIS: The request has been reviewed by Southern Bell Telephone, Vero Beach Power Company, Indian River Cablevision Corporation, and the .Indian River County Utility and Right -of -Way Departments. Based upon their reviews, there were no objections to the release of the easements. Staff analysis indicates that the drainage would still be adequately handled on-site. RECOMMENDATION: Staff recommends to the Board, through the adoption of a resolution, the release of the common three (3) foot side lot utility and drainage easements of Lots 1 and 2, being the westerly three (3) feet of Lot 1, and the easterly three (3) feet of Lot 2, Block 2, Lord Calvert Subdivision, Section 22, Township 32, Range 39 East, Plat Book 5, Page 57, of the Public Records of Indian River County, Florida. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously (4-0) adopted Resolution 87-132, abandoning certain easements in Lord Calvert Estates Subdivision, as recommended by staff. RESOLUTION NO. 87-132 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, ABANDONING CERTAIN EASEMENTS IN THE CALVERT- ESTATES SUBDIVISION. WHEREAS, Indian River County has easements as described below, and WHEREAS, the retention of those easements serves no public purpose, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of -Indian River County, Florida that: This release of easement is executed by Indian River County,*Florida, a political subdivision of the State of Florida, whose mailing address is 1840 25th Street, Vero Beach, Florida 32960, Grantor,'to Linda Cross, whose mailing address, is 4686 34th Avenue, Vero Beach, FL 32960, Grantee, as follows: Indian River County does hereby abandon all right, title, and interest that it may have in' the following described easements: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. THIS RESOLUTION was moved for adoption by Commis- sioner Eggert seconded by Commissioner Wheeler and adopted on the 3rd_ day of November—, 1987, by the following vote: Commissioner Scurlock Aye Commissioner Bowman Absent Commissioner Bird Aye Commissioner Eggert Aye Commissioner Wheeler Aye 13 BOOK 70 F'AGF 13 BOOK 70 PAGE < 14 The Chairman thereupon declared the resolution duly passed and adopted this 3rd day of November , 1987. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By i c Don Sc rlock, Jr. Chairman EXHIBIT "A" The westerly three (3) feet of Lot 1, and the easterly three (3) feet of Lot 2 Block 2, Lord Calvert Estates Subdivision as recorded in, the Plat Book 5, Page 57, of the Official Records of Indian River County, Florida, Section 22, Township 32 South, Range 39 East. 1. License for Gifford Project Contractor The Board reviewed the following memo dated 10/28/87: TO: Board of County Commissioners FROM: Terrance G. Pinto, Utilities Directoi-.q6� THRU: Charles P. Balczun, County Administrator DATE: October 28, 1987 RE: LICENSE FOR GIFFORD PROJECT CONTRACTOR B.C.C. MEETING - NOVEMBER 3, 1987 CONSENT AGENDA Attached is a license, which is necessary for the use of property owned by Indian River County as a temporary _constructor site, for the contractor who was awarded Contract #3 of the Gifford Sewer Project. We request the Board approve the license and authorize the Chairman to execute this license on behalf of the County. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously approved the License for Utility Services Department and authorized the Chairman's signature, as recommended by staff. LICENSE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD J. --Release of Assessment Liens - Paving & Drainage Improvements The Board reviewed the following memo dated 10/21/87: TO: The Board of County Commissioners FROM: Bruce Barkett- Assistant County Attorney DATE: October 21, 1987 SUBJECT: Releases of Assessment Lien 1. Anthony Russo and Violet Russo Lots 14 & 15, Block F, Indian River Heights Subdivision, Unit 4 (14th Avenue between 4th Street and 2nd Street) 2. Judith C. Burrows Lot 6, Block D, Moreland Subdivision (1st Place between 15th & 20th Avenue) 3. Soon Yuk Lau and Pon Lan Ng Lau Lots 7 & 8, Block D, Clemann Estates, Unit 1 (38th Avenue between 4th Street & 6th Street) 4. Lillian M. Duffey Lots 3 & 4, Block A, Indian River Heights, Unit 4 (16th Avenue between 1st Street SW & 2nd Street) There are pending assessment liens for paving and drainage improvements on the above -referenced properties which the Tax Collector's rolls indicate have been paid; however no releases have been provided. Therefore, please approve the attached Releases of Assessment Lien so that the encumbrance on each property can be removed. 15 NOV '907 Boa , 0 F�;F 15 L BOOK 70 ® Do( 16 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously approved the release of assessment liens as set out in the above memo, as recommended by staff. RELEASE OF ASSESSMENT LIENS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD K. Release of Assessment Liens - SR -60 Sewer Project The Board reviewed the following memo dated 10128/87: TO: Board of County Commissioners FROM: Charles P. Vitunac, County Attorney DATE: October 28, 1987 RE: CONSENT AGENDA - BCC MEETING 11/03/87 ROUTINE RELEASE OF COUNTY UTILITY LIENS This office has processed the following matters and requests permission for the Chairman to execute the standard release forms: (1) Partial Release of Lien - Map 41 State Road 60 Sewers/Release 1 ERU Paid by REALCOR OF VERO BEACH Lot 285 of COUNTRYSIDE SOUTH (2) Partial Release of Lien - Map 41 State Road 60 Sewers/Release 1 ERU Paid by REALCOR OF VERO BEACH Lot 97 of COUNTRYSIDE SOUTH (3) Partial Release of Lien - Map 41 State Road 60 Sewers/Release 1 ERU Paid by REALCOR OF VERO BEACH Lot 170 of COUNTRYSIDE SOUTH ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously approved the release of assessment liens as set out in the above memo, as recommended by staff. i 16 L� L. Approval of Support for Legislation Providing for Cancellation of County Warrants The Board reviewed the following memo and description of pending legislation: TO: Board of County Commissioners ja--Qaa-�J� FROM: Charles P. Vitunac, County Attorney DATE: October 28, 1987 RE: 1988 LEGISLATIVE YEAR B.C.C. MEETING/NOVEMBER 3, 1987 St. Lucie County has requested that the other counties in the Treasure Coast support the attached bill which would allow the Clerk of the Court to cancel any county warrants outstanding for longer than one year. If the Board wishes to support this bill, I would present it to the local Legislative Delegation this January. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously (4-0) indicated their support for pending legislation providing for the cancellation of county warrants, and authorized the County Attorney to present this matter to the local Legislative Delegation in January, 1988. 3,1987 BOOK 70 FAGS 17 NOV 3 1987 BOOK 70 PAGE 18 M. Site Plan_ Security Deposit - Sebastian Square Associates, Ltd. The Board reviewed the following memo dated 10/26/87: TO: The Board of County Commissioners FROM: Bruce Barketttt - Assistant County Attorney DATE: October 26, 1987 SUBJECT: Certificate of Deposit as Security for Site Plan Required Improvement Jerry Evans, representing Sebastian Square Associates, Ltd., is required as part of site plan approval for Site Plan No. SP -MA -85-09-103 to escrow $5,928.00 for a sidewalk along Riverside Drive at the Sebastian Square Shopping Center, Phase 1. The amount represents $1.95 per square foot. Site plan applicants may construct the sidewalk or post security in the form of a bond, letter of credit, cash, or other instrument acceptable to the County. This applicant proposes to post a certificate of deposit made out to the Board of County Commissioners of Indian River County as Trustee for Sebastian Square Associates, Ltd. To obtain such a certificate, Florida National Bank requires the County to sign a business account signature card. This item is put on the agenda for approval for the Chairman of the Board of County Commissioners to sign the signature card to obtain the certificate of deposit as the required security. Request is also made to release the cash bond in the same amount previously submitted by the applicant. It is recommended that the Board authorize the Chairman to sign the signature card and to authorize release of the cash. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously (4-0) authorized the Chairman to sign the signature card and authorized release of cash, as recommended by staff. ASSESSMENT FOR ABATEMENT OF PUBLIC NUISANCE - JOHN & SONIA KIM The Board reviewed the following memo dated 10/22/87: IV TO: The Honorable Members of DATE:October 22, 1987 FILE: The Board of County Commissioners DIV ON HEAD COQ UYENCE: John & Sonia Kim Public Ro ert M. Keat g, P SUBJECT: Nuisance; Assessment for Director of Pla ni & Development Abatement of Nuisance THROUGH: Michael K. Miller, Chief Environmental Planning Roland M. DeBlois lto TM 87-982 FROM: Staff Environmental P1annWFERENCES: CV -87-10-432 Code Enforcement Coordinator It is requested that the data presented herein be given formal consideration by the Board of County Commissioners at their regular meeting of November 3, 1987. DESCRIPTION AND CONDITIONS: On July 13, 1987, code enforcement staff sent a Notice of Public Nuisance to John & Sonia Kim, concerning the overgrown weed condition of their property in Vero Shores Subdivision. The respondents were cited as maintaining their property in violation of Section 13-18(a)(1) of the County Code, which prohibits the accumulation of weeds in excess of 18 inches in height within a platted, recorded subdivision (where the lots are at a minimum of 50% developed). The certified letter of notice was returned, with the Postal Service indicating that the respondents had moved without leaving a forwarding address. Code enforcement staff then posted notice on the subject property, as set forth in Section 13-23 of the County Code, giving the respondents thirty (30) days to remedy the violation. The weed violation was not remedied within the thirty (30) day time period. Therefore, in accordance with 13-19(b) of the County Code, County personnel (i.e. Road & Bridge Division) abated the weed violation, with costs to be assessed against the property owner. Section 13-21 of the County Code requires that the cost of a County weed nuisance abatement shall be calculated and reported to The County Commissioners, who, by resolution, shall assess such costs against the subject property. This matter is presented herein to the Board for consideration to adopt said resolution. ALTERNATIVES AND ANALYSIS: Section 13-21(a), Public Nuisances, of the Code of Laws and Ordinances of Indian River County specifically reads as follows: 19 ®� 1987 BOOK . (O FACE �0 "After abatement of nuisance by the county, the cost thereof to the county as to each lot, parcel or tract of land shall be calculated and reported to the board of county commissioners. Thereupon, the board of county commissioners, by resolution, shall assess such costs against such lot, parcel or tract of land. Such resolution shall describe the land and state the cost of abatement, which shall include an administrative cost of seventy-five dollars ($75.00) per lot. . Such assessment shall be a legal, valid and binding obligation upon the property against which made until paid. The assessment shall be due and payable thirty (30) days after the mailing of notice of assessment after whiccent interest shall accrue at the rate of twelve (12) p er per annum on any unpaid portion thereof." Costs for equipmentlus theand $7labor, 5.00admini t at ve cost calculates the Road & Bridge Division,,p to be: Tractor - 4.5 hrs. @ $24.50/hr. = $110.25 Labor - 4.5 hrs. @ $ 5.15/hr. = $ 23.18 Administrative Fee = $ 75.00 TOTAL $208.43 RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the proposed resolution assessing $208.43 in abatement costs, in accordance with Section 13-21(a), of the Indian River County Code of Laws and Ordinances. Robert Keating, Director of Planning & Development, advised that this is not an advertised public hearing, but pointed out that notice was given to the Kims. Chairman Scurlock asked if anyone wished to be heard. There were none. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously (4-0) adopted Resolution 87-134, providing for the assessment of $208.43 in abatement costs from John and Sonia Kim. 20 RESOLUTION NO. 87- 134 A RESOLUTION OF THE BOARD OF COUNTY COMMISSION- ERS OF INDIAN RIVER COUNTY, FLORIDA, ASSESSING COSTS OF COUNTY WEED NUISANCE ABATEMENT ON LOT 15, BLOCK 9, OF VERO SHORES SUBDIVISION UNIT 1; SUCH ASSESSMENT BEING A BINDING OBLIGATION UPON THE PROPERTY UNTIL PAID. WHEREAS, the Board of County Commissioners of Indian River County has determined that the regulation of the accumu- lation of weeds is in the public interest and necessary for the health, safety and welfare of the citizens of Indian River County; and WHEREAS, Indian River County Ordinances No. 87-33, "Public Nuisances," defines as a public nuisance weeds in excess of 18 inches in height on a lot contiguous to a residen- tial structure and within a platted residential subdivision where the platted lots are -at a minimum of 50% developed; and WHEREAS,. weeds in excess of 18 inches in height existed on property owned by John and Sonia Kim, such property having a legal description as follows: Vero Shores Subdivision, Unit 1, PBI 5-52, Lot 15, Block 9; and WHEREAS, the Board of' County Commissioners of Indian River County has determined that landowners are responsible for abating public nuisances existing on their property; and WHEREAS, a Notice. of Public Nuisance calling for the abatement of the described nuisance was sent to the owner(s) by certified mail, and notice was posted on the subject property for 30 days, in accordance with Section 13-23, "serving of notice," of the County Public Nuisance Ordinance; and WHEREAS, the landowners of the subject property failed to abate the described weed nuisance within 30 days of the posted and mailed notice; and WHEREAS, Section 13-19(b) of the County Public Nuisance Ordinance (No. 87-33) authorizes County personnel to abate a public nuisance if the nuisance is not abated by the landowner within 30 days of notice; and WHEREAS, the County Road & Bridge Division has, as of September 11, 1987, abated the herein described weed nuisance; and WHEREAS, Section 13-21(a) of the County Public Nuisance Ordinance provides that, after abatement of a nuisance by the County, the cost thereof shall be calculated and reported to the Board of County Commissioners; thereupon, the Board, by resolution, shall assess such costs against the subject property, such costs to include an administrative fee of seventy five dollars ($75.00) per lot; and �I0V 3.1987 Boa' 70 pacE ��. r- NOV 3 M7 BOOK 70 fAGE WHEREAS, the total cost of equipment use, labor, and administrative fee for County abatement of the herein described nuisance is determined to be two hundred and eight dollars and forty three cents ($208.43); and WHEREAS, Section 13-21(c) of the County Public Nuisance Ordinance provides that the assessment shall be due and payable thirty (30) days after the mailing of a notice of assessment, whereby if the owner fails to pay assessed costs within the thirty (30) days, a certified copy of the assessment shall be recorded in the official record books of the County, constituting a lien against the property, subject to twelve (12) percent per annum interest; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1) The foregoing recitals are adopted and ratified in their entirety. 2) The costs ofcounty abatement of the herein described weed nuisance, totaling an amount of $208.43, is hereby assessed against Lot 15, Block 9, Unit 1, of Vero Shores Subdivision presently owned by John & Sonia Kim, whose listed address is 1157 Ashley Drive, Valley Stream, New York. 3) The $208.43 assessment shall be due and payable to the Board of County Commissioners thirty (30) days after the mailing of a notice of assessment to the landowners, after which,' if unpaid, a certified copy of the assessment shall be recorded in the official record books of the County, constituting a lien against the described property, subject to twelve (12) percent per annum interest. THIS RESOLUTION was moved for adoption by Commissioner Eggert , seconded by Commissioner —Bird , and adopted on the 3rd day of November 1987, by the following vote: Commissioner Don C. Scurlock, Jr. Aye Commissioner Margaret BowmansAT� ent Commissioner Richard Bird Aye Commissioner Carolyn Eggert Aye Commissioner Gary Wheeler Aye The Chairman �heareupon declaged the resolution duly -passed and adopted this r day of AOVCMDOr , 1987. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA i r Don C. Scurlock, Jr., 01airman PURCHASE OF RIGHT-OF-WAY - VERO HIGHLANDS ACCESS ROAD The Board reviewed the following memo dated 10/21/87: TO THE HONORABLE MEMBERS OF DATE: October 21, 1987 FILE: BOARD OF COUNTY COMMISSIONERS THROUGH: Charles P. Balczun County Admi istrat r ;� RalphN. Bres ia, P.E. County Engineer SUBJECT: Vero Highlands Access Road from 27th Avenue, 60' r/w 17th Lane Virlyn Grove property FROM: Donald G. Finn, SRA REFERENCES: Right -of -Way Acquisition Agent DESCRIPTION AND CONDITIONS The year old appraisal by Alex Snow for Indian River County indicates a value of $10,693.00 per acre or $39,245.00 for the subject 3.67 acre 60' r/w. The property owner has the property listed through MLS at $15,000 per acre which equates to $55,000 for the subject. The property owner is willing to sell to I.R.C. for $12,000 per acre or $44,040. RECOMMENDATION & FUNDING Considering the time since the appraised value and added condemnation cost, settlement at $12,000 per acre appears equitable. Staff requests authorization to purchase the 601x2665' 'r/w containing 3.67 acres at $44,040.00. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously (4-0) authorized the purchase of 60' x 2665' right-of-way containing 3.67 acres at $44,040, as recommended by staff. 79TH AVENUE ADDITIONAL RIGHT-OF-WAY AT U.S. #1 The Board reviewed the following memo dated 10/21/87: 21 NOV 31987 987 aooK 70 MG)E 23 BOOK 70 P,1rE 241-; TOTHE HONORABLE MEMBERS OF DATE: October 21, 1987 FILE: BOARD OF COUNTY COMMISSIONERS THROUGH: Charles P. Balczun County.Administrator Ralph N. Brescia, P.E. County Engineer SUBJECT: 79th Avenue additional r/w at US Highway #1, A.R.A. Palm Lane Sebastian-Strnad property FROM: Donald G. Finn ,4A • REFERENCES: Right -of -Way Acquisition Agent DESCRIPTION AND CONDITIONS The property owners recent appraisal of the total property equates to $3.63 per square foot for the subject r/w parcel. Subject r/w parcel with 61.02 feet U.S. #1 frontage is 2257.93 square feet. The property owner is willing to sell the r/w at the appraised value of $8,196.00 and give a 10' easement the length of Palm Lane. RECOMMENDATION & FUNDING The purchase price appears equitable and staff requests authorization to purchase the 2,257.93 square feet r/w at $8,196.00. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously (4-0) authorized the purchase of 2,257.93 square feet of right-of-way at $8,196, as recommended by staff. EVALUATION OF EXISTING SOLID WASTE COLLECTION SYSTEM The Board reviewed the following memo dated 10/30/87: DATE: OCTOBER 30, 1987 / TO: BOARD OF COUNTY COMM SI NERS FROM: TERRANCE G. PINTO, I DIRECTOR OF UTI I CES SUBJECT: EVALUATION OF THE EXISTING SOLID WASTE COLLECTION SYSTEM AND ASSISTANCE IN IMPLEMENTING CHANGES TO THE SYSTEM BACKGROUND Through the public hearing of October 13j 1987, the Board directed staff to enlist our consulting engineers, Camp, Dresser and McKee, Inc., to'perform an evaluation of the County's Solid Waste Collection System, including franchises. This evaluation will help in determining whether or not additional franchise haulers are needed in the County. 22 RECOMMENDATION Attached hereto is the Scope of Work and the Project Budget for this evaluation. Staff requests the Board to authorize the Consulting Engineers to proceed with the evaluation with an upper limit budget amount not to exceed $6,065.00, which will underwrite costs incidental to Task Group 500 (Tasks 501-506) only on pages A-1 and A-2, attached. Commissioner Eggert recalled that this item was tabled once before, and Chairman Scurlock pointed out that Page 1 of the letter from CDM dated 10/22/87 states that the amount is not to exceed $6,065 and Page 2 makes mention of a limit amount of $13,000. He asked if this difference is due to the reduction in the scope of work. Administrator Balczun explained that the $13,000 is for both task series 500 and 510, but we are currently restricting it to task series 500. It is the Board's option to go with task series 510 at some future point. Utilities Director.Terry Pinto did not feel that we would ever need to do the other series. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously (4 -0) - authorized Camp, Dresser S McKee to proceed with the evaluation, with an upper limit budget amount not to exceed $6,065, as recommended by staff. COUNTY EMPLOYEES HEALTH INSURANCE The Board reviewed the following memo dated 10/29/87: NOW 3,1987 23 900K. 70 FAGS �� r- NOV 3 1987 BOOK 70 FAGS 2 TO: Members of the Board of County Commissioners DATE: October 29, 1987 SUBJECT: HEALTH INSURANCE FROM: Joseph A. Bair OMB Director Description and Conditions The American General Group Insurance Company contract for administrating the Indian River County group health plan was due for renewal October 1, 1987. American General Group Insurance Company is requesting the administrative fee per employee/per month be increased. to $10.76 from $9.75. The cost of stop loss insurance (individual pooling) has also increased to $8.73 per month per employee from $7.65. Indian River County has not increased the monthly premium for over two (2) years even with increasing the medical cost. National statistics show that medical costs rose 15% in 1987 and are projected to increase 12% in 1988. American General Insurance Company is recommending we increase the amount set aside in the trust account to cover claims. The trust account had a balance in October 1986 of .approximately $275,000 which diminished to less than $120,000 in September 1987. An actuarial analysis has found that we need a minimum of $375,000 in the account. The County plans to absorb the increase in health insurance costs for 1987/88. None of the increase will be borne by the employees. The increase in the insurance benefits is up and above the 5% pay increase. We are anticipating that 790 employees will be covered under the health insurance of which 550 will have a family coverage and 240 will be covered under the single plan. Additional Information COMPARISION INDIAN RIVER COUNTY INSURANCE PLAN 1985/1986 1986/1987 1987/1988 Approved Approved Proposed Insurance Premium; Single 70.00 70.00 85.45 Family 167.50 167.50 221.22 Expected Claim Liability: Employee 737.87 737.87 892.82 Dependent 1,249.36 1,249.36 1,511.72 Maximum Claim Liability: Employee 922.34 922.34 1,116.03 Dependent 1,561.70 1,561.70 1,889.66 Aggregate Annual Premium 9,000.00 9,270.00 11,885.00 Administrative Premium/ per month 10.99 9.75 10.76 Specific Pooling At $50,000 Per krployee/Month 6.60 7.65 8.73 At $60,000 Per Employee/Month 0 6.60 7.65 24 COMPARISON OF OTHER JURISDICTIONS City of Vero Beach IRC School Board Indian River Memorial Hospital State of Florida St. Lucie County Martin County City of Melbourne Indian River County Funding 17 --- Premium _ J Premium for Premium for Amount Single Married $160,000 Employee Employee Deductible 72.63 205.00 200/400 110.00 240.00 200/400 94.00 94.00 56,000 114 + 83.00 per dependent 90.00 205.00 100/200 80.69 0 100 per person 90.00 238.09 100/200 92.75 258.95 150/300 85.45 221,22 200/400 This will require insurance cost to be increased in the amount of: Money will need to be transferred from contingencies in each f and. Recommendation Staff recommends the Board of County Commissioners approve the contract with American General and authorize the increase in health insurance premiums on an interim basis until such time as the insurance consultant can review them. Administrator Balczun advised that this item would authorize the Chairman to enter into an agreement to extend our annual contract with our third -party administrator for the current fiscal year. Gulf Life administers our self-insured trust fund with respect to medical, surgical, and major medical costs. He explained that there are 3 items we look at when we deal with a self-insured trust: 1. Third -party administration costs 2. Cost of stop loss insurance. 3. Prem i«ms . ���7 25 BOOK .7®, PAGE 27 Fund Amount 001 General Fund $160,000 004 M.S.T.U. 60,000 107 Housing Authority 800 108 Rental Assistance 2,000 111 Road and Bridge 56,000 114 South County Fire 30,000 .411 Landfill 12,000 418 Golf Course 9,000 441 Building Department 10,000 471 Utilities 20,000 501 Fleet Management 8,000 173 Petition Paving 8,000 Money will need to be transferred from contingencies in each f and. Recommendation Staff recommends the Board of County Commissioners approve the contract with American General and authorize the increase in health insurance premiums on an interim basis until such time as the insurance consultant can review them. Administrator Balczun advised that this item would authorize the Chairman to enter into an agreement to extend our annual contract with our third -party administrator for the current fiscal year. Gulf Life administers our self-insured trust fund with respect to medical, surgical, and major medical costs. He explained that there are 3 items we look at when we deal with a self-insured trust: 1. Third -party administration costs 2. Cost of stop loss insurance. 3. Prem i«ms . ���7 25 BOOK .7®, PAGE 27 r NOV1 *� BOOK IO FAGS Chairman Scurlock felt then that the bottom line is that by taking this action the County is providing an additional benefit to the 5% wage increase for this fiscal year. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously (4-0) approved the employee health insurance contract and authorized the increase in premiums on an interim basis until such time as the insurance consultant can review them. (CONTRACT AMENDMENT NO. 5, FOR GROUP HEALTH INSURANCE IS ON FILE IN OFFICE OF CLERK TO THE BOARD) PROPOSED PRISONER HOUSING AGREEMENT WITH OKEECHOBEE COUNTY The Board reviewed the following memos dated 10/27/87 and 10/28187: TO: Board of County Commissioners s4aa)T �� FROM: Charles P. Vitunac, County Attorney DATE: October 28, 1987 RE: PROPOSED PRISONER HOUSING AGREEMENT WITH OKEECHOBEE COUNTY B.C.C. MEETING/NOVEMBER 3, 1987 Attached is the revised version of the proposed prisoner housing agreement between Indian River County and Okeechobee County. We request the Board review the revised agreement and then authorize the Chairman to execute this agreement on behalf of Indian River County. 26 P O. BOX 608 PHONE 569-6700 October 27, 1987 R.T. TI NI DOBECK • INDIAN RIVER COUNTY MEMBER FLORIDA SHERIFFS ASSOCIATION MEMBER OF NATIONAL SHERIFFS ASSOCIATION 1'1;KO Iil ACII. 1'1!/ltll>:\ :1.{SNiI-(Ni(1!i Charles Vitunac, County Attorney 1840 25th Street Vero Beach, Florida 32960 RE: Okeechobee prisoner agreement Attorney Vitunac: As of this date, October 27, 1987, the Indian River County Jail can only come up with five (5) or six (6) inmates that meet Okeechobee County's criteria in regards to classification. Sincerely, Az� Captain M.L. 'Bob" Reese, Administrator Indian River County Jail Attorney Vitunac advised that Okeechobee County would not sign the first agreement and have sent back a revised agreement which they will sign that contains certain requirements. However, the Sheriff has advised that Indian River County has only 5 or 6 prisoners that would meet the criteria set by Okeechobee County. Chairman Scurlock reported that he is finding that our community is absolutely outraged on this particular issue, especially with the DOC mandating a level and condition of living for county prisoners that in some cases exceed that of our elderly. He wanted to see the Board authorize the County Attorney to register a complaint with the DOC stating that this N d V 31987 27 BOOK 70 Fa if 29 IN, 0V S W7 BOOK 70 FAGE 0 county feels that their rule making has gone overboard because the conditions they are mandating for our prisoners far exceed what is acceptable, and that we be allowed the flexibility in certain requirements such as square footage and certified vs. non -certified supervision of prisoners. From the response he has received from the community, Chairman Scurlock believed we really need to take the position that enough is enough, and that it would be nice to go on record that we disagree with their rules on noise levels, staffing, and all the other stuff that they have mandated. He pointed out that these mandates have resulted in this county spending almost 420 of its general fund on law enforcement related activities. Chairman Scurlock felt it was ridiculous for the State to tell us that prisoners cannot be housed in our brand new facility under similar situations to those experienced by American fighting men who have had to live in tents and eat K -rations. Commissioner Wheeler felt that to follow through with these mandates is the most frustrating part of being a county Commissioner, and he believed the problem goes back to the sentencing guidelines which dumps more and more state prisoners into the county system; the state sues the county systems when they cannot meet the demand; and the judges, under court orders form fast track committees to release and parole prisoners early. At that point the system not only starts to break down, but it costs more money to put them through the system again and again. Commissioner Bird wondered whether we were going high enough by sending our objections to the State; perhaps we should send them to the federal government. Attorney Vitunac explained that when the federal government took action against the State, the State promised to adopt these rules in order to get out of the suit. Part of that settlement is that the State would enforce these rules against the local jurisdictions, which is us. The State is doing that as nicely as they can in order to give us time. This county has been under 28 suit now for 2 years and if Phase II of the Jail had opened on time, it might have solved part of this problem. The County Attorney reported that he and Commissioner Wheeler are inviting the man who wrote the State rules to come here within the next few weeks at our expense, and they plan to take him through Phase I and Phase 11, show him the plans for Phase III and ask him to accept the reclassification plan to allow a lot more felons to be put into Phase It so that we don't have to send anyone to Okeechobee. Chairman Scurlock brought up the difficulty we are having in getting certified correction officers to staff the Jail, and emphasized that even if we could build 1000 additional beds by tomorrow, we still would not meet an acceptable level simply because we cannot get enough certified staff. Chairman Scurlock wanted to go ahead and send a letter to the State Association of County Commissioners and encourage them to dig their heels in and write the DOC in a positive way to say that we feel that the State has adopted rules far beyond what is necessary for humane, safe conditions for prisoners. He felt that if 67 counties in Florida go on record with that, and if 50 states follow, then maybe somebody will finally perk their ears up and say we need to take another look at these mandates. Commissioner Eggert felt we also should take this matter to our Legislative Delegation in January. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously (4-0) authorized the County Attorney to draft a letter as discussed for the Chairman's signature to the State Association of County Commissioners, and authorized the County Attorney to take this issue to the Legislative Delegation in January. NOV 7 29 BOOK 70 RICE 31 NOV 3 1987 BOOK 70 PACE 3 Bill Koolage, 815 26th Street felt that the Commission is concentrating on an end point when we should be starting at the beginning with the judges and the attorneys, the leniency of parole, the plea bargaining, and the delay in bringing trials to court. He even understood that we are getting prisoners that have been paroled by the State. He urged the Commissioners to address the beginning of the problem by getting the prisoners out of the county system and into State facilities. Commissioner Wheeler agreed that it is cheaper to continue to house the prisoners than it is to continue to parole them and then have to put them through the system time after time. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously (4-0) approved the proposed prisoner housing agreement with Okeechobee County, and authorized the Chairman's signature. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously (4-0) authorized, if necessary, the payment of expenses for the visit of the state prison inspector. (CONTRACT BETWEEN OKEECHOBEE COUNTY AND INDIAN RIVER COUNTY IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD) IRC HOUSING AUTHORITY AGREEMENTS The Board reviewed the following memo dated 10/23/87: .30' TO: Board of County Commissioners FROM: Charles P. Vitunac, County Attorney DATE: October 23, 1987 RE INDIAN RIVER COUNTY HOUSING AUTHORITY AGREEMENTS B.C.C. MEETING November3, 1987 Pursuant to earlier directive of the Board of County Commissioners attached are two agreements relating to the Indian River County Housing Authority. The first agreement is between the Housing Authority and the County and requires the Authority to convey the land covered by Phase If of the Victory- Park Project if and when the County is required by the State of Florida to pay off the loan, which is secured by the Phase II land. The second agreement is the guaranty agreement between the State of Florida, Department of Community Affairs, and the County which would require the County to make good on the Phase If loan if the Housing Authority has not paid the loan off by April 18, 1988. This agreement was discussed by Commissioner Eggert and me in Tallahassee with Gordon Johnston, attorney for the D.C.A., and it was his official position that if the county did not execute this agreement soon, the state would take immediate action against the Housing Authority's delinquent loan. Both agreements are recommended for approval. Commissioner Eggert expected that Margaret Rocke, who will be replacing Daphne Strickland, will be available to attend the next meeting. 31 ®V 3 1987 BOOK .70 O PACE 33 NOV 3 1987 BOOK .70 PnF •34 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously (4-0) approved an agreement between the Housing Authority and the County, requiring the Authority to convey the land covered by Phase 11 of the Victory Park Project if and when the County is required by the State of Florida to pay off the loan, which is secured by the Phase 11 land; and approved the guaranty agreement between the State of Florida, Dept. of Community Affairs, and the County which would require the County to make good on the Phase 11 loan if the Housing Authority has not paid the loan off by April 18, 1988; as recommended by the County Attorney. AGREEMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD BEACH PRESERVATION AND RESTORATION COMMITTEE Commissioner Wheeler reported that the Beach Committee met yesterday and recommended that the City of Vero Beach be allowed to accept the sponsorship of the beach restoration project, the reasons being that 930 of the project falls within the City limits, and it is felt that the City would have more of an interest to see its completion. Commissioner Wheeler reported that we are still working with Cubit Engineering on the coastal study. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Eggert, the Board unanimously (4-0) adopted Resolution 87-133, transferring local sponsorship of the Vero Beach Restoration Project to the City of Vero Beach. 32 RESOLUTION NO. 87- 133 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA TO TRANSFER LOCAL_ SPONSORSHIP OF THE VERO BEACH RESTORATION PROJECT TO THE C I TY OF VERO BEACH. WHEREAS, Indian River County is the sponsor of the Beach Restoration Project proposed for the northern portion of the City of Vero Beach and abutting unincorporated lands in Indian River County; and WHEREAS, said Vero Beach Nourishment Project has received congressional authorization and is proposed for - appropriation in the fiscal year 1988 federal budget; and WHEREAS, Indian River County has submitted a funding application to _the Florida Department of Natural Resources for matching state funds for the project; and WHEREAS, the Vero Beach Nourishment Project is approaching the implementation stage; and WHEREAS, approximately ninety-three percent (93%) of the project limits fall entirely within the corporate limits of the City of Vero Beach; and WHEREAS, Indian River County has been in contact with the various federal and state officials involved to determine that transfer of local sponsorship for the Vero Beach Nourishment Project would not hinder the approaching implementation stage of the project; and WHEREAS, if the City of Vero Beach assumed responsibility as the local sponsor of the Vero Beach Nourishment Project, the County staff could direct its resources to implementation of other aspects of the Beach Preservation Plan for Indian River County; and WHEREAS, based on the foregoing it would be beneficial to Indian River County and to the City of Vero Beach to transfer sponsorship of the project to the City of Vero Beach; 1987 33 BOOK .�O N%E 35 BOOK . i 0 F.1p� NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that upon adoption of a resolution by the City of Vero Beach accepting local sponsorship of the Vero Beach Nourishment Project, the Board of County Commissioners of Indian River County hereby relinquishes local sponsorship of said project, and pledges its support and continued participation to implement said project to the extent desirable and necessary to see the project through to completion. The foregoing resolution was offered by Commissioner' Wheeler _ who moved its adoption. The motion was seconded by Commissioner Eggert and, upon being put to a vote, the vote was as -follows: Chairman Don C. Scurlock, Jr. Aye Vice Chairman Margaret C. Bowman Absent Commissioner Richard.N. Bird Aye Commissioner Carolyn K. Eggert Aye Commissioner Gary C. Wheeler Aye The Chairman thereupon, declared the resolution duly passed and adopted this 3rd day of _ November 1987. BY .. F6e5_a_W_r. _g &t, r APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Bruce ar of Assistant County Attorney INDIAN RIVER COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By c Don C. Scu lock, Jr., hairman 34 APPROVED AS TO A INISTRATIVE MATTERS: 1 ChhFles P. balczun County Administrator APPROVAL OF VIADUNE STUDY - WABASSO BEACH Commissioner Wheeler introduced Dr. Michael Auerbach and Mr. Sheldon Randis of Pfizer Chemical'Research, who are here today to ask the Board to approve a controlled study on Wabasso Beach to see what effect a viadune system might have on sea turtle nesting. He reported that the Committee was enthusiastic in recommending them to be allowed to do this project on Wabasso Beach. Dr. Auerbach explained that what they need now is permission of the County to file the appropriate applications with the DNR, DER, and the Corps of Engineers and approval of the -project. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Eggert, the Board unanimously (4-0) authorized Central Research to apply for the appropriate permits from the DNR, DER and Corps of Engineers to conduct a testing of a viadune system at the Wabasso Beach Park. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 9:40 o'clock A.M. ATTEST: JAS- _ _ _ _ �07.t-��� Clerk Chairman N 0 V 31987 35 Boa 70 PAGE 37