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HomeMy WebLinkAbout8/9/1988Tuesday, August 9, 1988 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, August 9, 1988, at 9:00 o'clock A.M. Present were Don C. Scurlock, Jr., Chairman; Gary C. Wheeler, Vice Chairman; Richard N. Bird; Margaret C. Bowman; and Carolyn K. Eggert. Also present were Charles P. Balczun, County Administrator; Charles P. Vitunac, Attorney to the Board of County Commissioners; Joseph Baird, OMB Director; and Virginia Hargreaves, Deputy Clerk. The Chairman called the meeting to order and led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Scurlock advised that he had received an emergency request from the Indian River Arts Council to be included on today's agenda in regard to a grant application and their need for the Board to reaffirm their status as Local Arts Agency. It was suggested this be added to the Consent Agenda as Item 6A (8). County Attorney Vitunac wished to add under his matters a discussion in regard to a Hearing Officer for the Mary Kiser matter. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously added the above described items to today's agenda. G 91988 mor! 73 F,rJ -52 Motion was made by Commissioner Bowman that Item 12A (1) - County Administrator's Contract - be deleted from today's agenda for the reason that she felt any discussion of this matter today would be prejudicial to the Kiser case. The Motion offered by Commissioner Bowman died for lack of a second, and the Chairman stated that Item 12A (1), therefore, would' remain on today's agenda. APPROVAL OF MINUTES The Chairman asked if there were any additions or correc- tions to Minutes of the Regular Meeting of July 26, 1988. There were none (except the transposition of Budget Amendment #051 from Consent Agenda Item 6 to Item 7, which correction was pointed out by the Deputy Clerk previous to the meeting.) ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously approved the Minutes of the Regular Meeting of July 26, 1988 as corrected by the Deputy Clerk. CONSENT AGENDA Commissioner Bird requested that Item 6 be removed from the Consent Agenda for discussion. (1) - Reports The following reports were received and placed on file in the Office of Clerk to the Board: Report of Convictions, Month of April, 1988 Report of Convictions, Month of May, 1988 Report of Convictions, Month of June, 1988 2 soeK 73 F��cF 353 AUG 9 199 � J (2) Occupational License Taxes Collected - July ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bird, the Board unanimously accepted report from Tax Collector Gene Morris, as follows: MEMORANDUM \,`' �0415 TO: Board of County Commissioners FROM: Gene E. Morris, Tax Collector DATE: August 2, 1988 SUBJECT: Occupational Licenses Pursuant to Indian River County Ordinance No. 86-59, please be informed that $1,090.38 was collected in occupational license taxes during the month of July -1988, representing the issuance of 98 licenses. , 0) 64 9 1 0� Gene E. Morris, Tax Collector (3) Florida Contraband Forfeiture Quarterly Report ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bird, the Board unanimously accepted the Florida Contraband Forfeiture Quarterly Report for the quarter ending 6/30/88 from the Sheriff's Department, as follows: AUG 91988 3 soon 7 f,vx.354 1 F� FLORIDA CONTRABAND FORFEITURE QUARTERLY REPORT (as required by Section 932.704(5); Florida Statutes; as amended 1985) - INDIAN RIVER COUNTY SHERIFF'S DEPARTMENT AGENCY Quarter Beginning 4-01-88 Quarter Ending 6-30-88 Beginning Balance Available for Law Enforcement Trust Fund Appropriations Received from $ 76,615.03 Governing Body (fiscal year-to-date) $65,570.73 Collections: Expenditures: (fiscal year-to-date) Sale Proceeds Protracted/Complex Forfeited Cash 204.00 Investigations Interest Earned 1.183.40 Technical Equipment ' Technical Expertise Total Collections 1,387.40 Matching Funds for Disbursements: Federal Grants Lien Satisfactions Automated Fingerprint _ Identification Storage, Maintenance Equipment and Security Automated Uniform Agency Forfeiture Offense and Arrest Costs Report System Court Costs Other Law Remittance to Law Enforcement 42,098.27 Purposes Enforcement Trust Fund 42.733.50 • Total Expenditures 42,098•.27 Total Disbursements 42,733.50 Ending Balance Available for 35,268.93 Appropriation Balance Law Enforcement Trust Fund $ (fiscal year-to-date) $23,472.46 i . Section 932.704(5), Florida Statutes; as amended 1985, requires that "...any law enforcement agency receiving or i expending forfeited property or proceeds from the sale of forfeited property shall submit a quarterly report w documenting the receipts and expenditures, on forms promulgated by the Department of Law Enforcement In rhe Ft,►rn irfCF 1 entity which has buddotinn fliithnrity --#* --w-, " in Ln C CID r— CD0 m W (4) Replacement of Half -Wall at Utilities/Emergency Management The Board reviewed memo from Lynn Williams, Building & Grounds Superintendent: TO: Charles P. Balczun DATE: July 27, 1988 FILE: County Administrator THRU: Joe Baird SUBJECT: OMB Director REPLACEMENT OF HALF -WALL AT UTILITIES, EMERGENCY MANAGEMENT. CONSENT AGENDA M: y`� REFERENCES: Ly .4 b�Tilliams , Supt. B lding and Grounds Division DESCRIPTIONS AND CONDITIONS It has been requested by the Directors of Utilities and Emergency Management that the half -wall enclosing the handicapped ramp on the north side of the Administration Building be replaced with an open aluminum hand rail to provide increased visability in the area. Staff is concerned that the present wall.allows a hiding place for vandals and loiterers. Either the wall or a hand rail must be provided per handicap code. ALTERNATIVES AND ANALYSIS Staff has investigated the expense involved with removal and replacement of the existing structure. Removal can be accomplished using supervised community service probationers. The proposed replacement rail has been priced at $1,200. RECOMMENDATIONS AND FUNDING Staff recommends removal of the present half -wall and replacement as proposed above. Adequate funding is available in account # 001-220-519-066.39 Other improvements except building. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bird, the Board unanimously authorized the removal and replacement of the half -wall described above and funding of same as recommended by staff. AUG 9 1988 5 BooK 73 F"vl X356 (5) Developer's Agreement _ Paving_of Storm Grove Road The Board reviewed memo from County Attorney Vitunac: TO: Board of County Commissioners FROM: Charles P. Vitunac, County Attorney DATE: Augusta3, 1988 RE: DEVEOPER'S AGREEMENT FOR PAVING OF STORM GROVE ROAD Commission Meeting - August 9, 1988 Attached is resolution covering a real estate trans -action which is currently taking place. Also attached is.a letter of explanation from the attorney handling the transaction. Vero Sand Pines had signed a Developer's Agreement with Indian River County regarding the paving of Storm Grove Road. This resolution acknowledges on behalf of the County that title to the property is being transferred and that the new owner will assume the same obli.gation to the County. Staff requests permission for the Chairman to execute the resolution. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bird, the Board unanimously approved Resolution 88-48 consenting to the assignment of the Developer's Agreement originally entered into w/Vero Sand Pines to Hawk's Nest Management, Inc. 6 EOOK 73 pnE.357 RESOLUTION NO, 8Q= 48 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY WHEREAS, Indian River County and Vero Sand Pines, a Florida general partnership entered into a Developer's Agreement dated October 2, 1985, regarding the paving of Storm Grove Road; and WHEREAS, Vero Sand Pines assigned its right, title and interest in and to said Developer's Agreement to Hawk's Nest Associates Ltd., a Florida limited partnership, by assignment dated May 15, 1986; and WHEREAS, Hawk's Nest Associates Ltd. has assigned its right, title, and interest in and to said Developer's Agreement, as amended, to Hawk's Nest Management, Inc.; NOW, THEREFORE, be it resolved that on behalf of Indian River County the Board of County Commissioners of Indian River County hereby acknowledge and consent to assignment by Hawks' Nest Associates Ltd. to Hawk's Nest Management, Inc. of that Developer's Agreement originally entered into between Indian River County and Vero Sand Pines, and as amended between Indian River County and Hawk's Nest Associates Ltd., without modification of the terms, conditions, and obligations contained therein. The foregoing resolution was offered by Commissioner Eggert who moved for its adoption. The motion was seconded by Commissioner Bird and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice Chairman Gary C. Wheeler Aye Commissioner Richard N. Bird Aye Commissioner Margaret C. Bowman Aye Commissioner Carolyn.K. Eggert Aye The Chairman thereupon declared the resolution duly passed and adopted this 9th day of August , 1988. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By:GAdL Don C. Scur ock, Jr. Chairman Attest: C�L Freda Wright, rk "4iQ .c9! 0-1. BOOK 13 urx.358 (6) Settlement on Oak Trees at 5336 Walker Avenue The Board reviewed memo from Assistant County Attorney Collins: TO: The Board of County Commissioners FROM: V) L' William G. Collins II - Assistant County Attorney DATE: August 2, 1988 SUBJECT: Settlement on Oak Trees at 5336 Walker Avenue In the period between November, 1985 and early January, 1986, the County made application of a pesticide known as Krovar to certain ditches around the County. (See attached memo dated December 10, 1986 from Albert L. VanAuken, Superintendent, Road and Bridge Department.) The Krovar application can cause damage to oak trees near the application sites. A number of people throughout the County had oak trees affected. Most of these individuals have relinquished all claims against the County in exchange for the County removing the dead or damaged oak trees from their property at no expense. We now have an offer of settlement on the last outstanding case, the claim of William A. Gardner, Jr. for trees damaged at his residence at 5336 Walker Avenue. The herbicide Krovar was applied for weed control along a ditch adjacent to Mr. Gardner's property line. Apparently through capillary action, the pesticide was taken up through the root system of a number of trees along the east property line of Mr. Gardner's residence. Although this incident occurred several years ago, Mr. Gardner has delayed in bringing his complaint in a good faith attempt to see whether any of the affected trees would revive. After a couple of years went by, Mr. Gardner retained two consulting foresters to evaluate the extent of the damage to the trees on his property. In independent appraisals of the damage, his consultants estimated the damage to nine separate trees at $8,114.78 and $9,465.35, respectively. Based on these professional appraisals Mr. Gardner made an initial demand for the amount of the higher appraisal, and later revised that demand to the amount of either appraisal. The County retained a consulting forester to evaluate the damage and made a counterproposal of a settlement at $5,700.00. Mr. Gardner reduced his demand to $7,859.41 based on his evaluation of our consultant's report. Both the Attorney's Office and Mr. Gardner now believe that it is in everyone's best interest to compromise on a settlement rather than go to court. The County Attorney's Office and Mr. Gardner have agreed, subject to approval by the Board, to a settlement as follows. A cash settlement of $6,779.71 for damage to five of the trees, plus removal of three of the dead oak trees with full restoration of the property after removal. BOOK 7� "�E: Commissioner Bird noted that in making the proposed settle- ment we are paying out a lot of money, and he wondered if staff has researched whether we have any possibility of recovery from the chemical manufacturer for improper labeling of the product that we used or failure to place proper warnings on the product. Attorney Collins commented that he was not certain that it -_ was improperly labeled. Road 6 Bridge have indicated it was labeled and applied as labeled. Some question was raised about insurance coverage for pesticide damages, but this was specifi- cally excluded from the insurance coverage. As far as any recourse we might have against the chemical manufacturer, he stated that he would have to get back with Road & Bridge and see exactly what the circumstances were when the chemical was applied. Commissioner Bird stated that he would like to see us explore that possibility. He would feel if this chemical is that deadly to trees, etc., there should be a broad warning label on the product, and possibly there is. In discussion it was noted that this chemical came from materials confiscated by the Sheriff, and Attorney Collins noted there could be some question raised as to whether what was in the barrel originally was changed from what it was labeled. ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Eggert, the Board unanimously approved the cash settlement of $6,779.71 as recommended by staff subject to exploring and verifying the circumstances under which the chemical was applied to see if there is any possibility of some recovery as discussed. (7) Release_ of County_ Liens The Board reviewed memo from County Attorney Vitunac: 9BOOK F.�;E. -360 TO: Board of County Commissioners e_Ql� FROM: Charles P. Vitunac, County Attorney DATE: August 2, 1988 RE: CONSENT AGENDA - FOR BCC MEETING 8/2/88 RELEASE OF COUNTY LIENS Lea Keller of this office has processed the following and requests permission for the Chairman to execute the release forms: Release of Water Lien - GRAHAM Unit #103 - PINECREEK CONDO III Release of Sewer Lien - GRAHAM Unit #103 - PINECREEK CONDO III Release of Water Lien - SCOPINICH Unit #202 - PINECREEK CONDO III Release of Sewer Lien - SCOPINICH Unit #202 - PINECREEK CONDO III Release of Water Lien - HARKINS Unit #101 - PINECREEK CONDO III Release of Sewer Lien - HARKINS Unit #101 - PINECREEK CONDO III Release of Water Lien - PHILIPS Unit #102 - PINECREEK CONDO III Release of Sewer Lien - PHILIPS Unit #102 - PINECREEK CONDO III Release of Water Lien - JOYCE Unit #105 - PINECREEK CONDO III Release of Sewer Lien - JOYCE Unit #105 - PINECREEK CONDO III Release of Water Lien - BRICKEY Unit #100 - PINECREEK CONDO III Release of Sewer Lien - BRICKEY Unit #100 - PINECREEK CONDO III Back-up information for the above is on file in the. County Attorney's & Utilities Department Offices. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bird, the Board unanimously approved the Release of Water and Sewer Liens listed above and authorized the signature of the Chairman. COPIES OF SAID RELEASES ON FILE IN OFFICE OF CLERK TO BOARD. 10 BOOK 73 F i 1F 361 (8) Request from Indian River Arts Council for Reaffirmation of ----- —-------------- tFe`Tr6eslgnat on—as—Local—Arts—Agency The Board reviewed letter from Nancy Offutt, Coordinator for the Indian River Arts Council: GINDIAN DRIVER NCIL Ray Adams August 8, 1988 Rebecca Allen The Honorable .Don C. Scurlock, Jr. Chairman, Board of County Commissioners Richard Bird 1840 - 25th Street Vero Beach, Florida 32960 Richard Bireley Dear Doug: Cecily Delafield As you are aware, the Indian River Arts Council has Linda Downey been functioning as the umbrella organization for the more than 25 cultural and artistic groups, since it Mary Kiser was established as a non-profit corporation in 1986, and recognized by the I.R.S. as such. George MacGlennon . The County Commission and local mdnicipalities have Ken Macht supported our efforts through annual proclamations and financial sharing of Tourist Tax revenues. Claudia McNulty As the enclosed grant application indicates, the Sid Poe Local Arts Agency must submit documentation that the applicant is indeed designated as the single arts Laura J. Rodgers agency. We are unable to locate a letter or pro- clamation to complete our grant application which has Michael Rose already been transmitted to Tallahassee. Patrick Trimble We request, therefore, that the County Commision, by resolution or otherwise appropriate means, re -affirm Gene Waddell the Indian River Arts Councils status as the Local Arts Agency and provide us with evidence of that designation as soon as possible. Sincerely, .Nancy Lea Of tt Coordinator Business: 407-567-2988 Arts Line: 407 -567 -ARTS P.O. Box 3748 Vero Beach. Florida 32964 ON MOTION By Commissioner Eggert, SECONDED by Com- missioner Bird, the Board unanimously affirm the Indian River Arts Council's status as the Local Arts Agency. 11 AUG 9 1988 [BOOK 73 F'440a .362 REQUEST FOR PRO DISTRICT AMENDMENT - R.KUTSCHINSKI Planner David Nearing made the staff presentation, as follows: TO: Charles Balczun County Administrator G. AT ugust 2, 1988 "' c IR ' SUBJECT: RONALD KUTSCHINSKI - PRO DISTRICT AMENDMENT REQUEST FROM:Robert M. Keating, AIC//045-FERE NCES. Director Community Development Department It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of August 9, 1988. DESCRIPTION & CONDITIONS Ronald Kutschinski recently petitioned for and was successful in having approved the rezoning of a tract of land at the southwest corner of 17th Street and 6th Avenue from residential to PRO, Professional Office district. Upon submittal of a site plan for the subject parcel, Mr. Kutschinski was informed that medical offices are not allowable uses in the PRO district. Mr. Kutschinski has requested that the Board of County Commissioners reverse its previous decision and allow medical offices in the PRO district. Attached to this agenda item are copies of correspondence, meeting minutes, and a planning department staff memorandum on this subject. These generally discuss the issue of medical offices in PRO districts and provide background on the matter in question. Basically, medical offices are a more intensive use than professional office, although less intensive than commercial uses. For the PRO district which is primarily designed to be retrofitted into selective residential (often single-family) areas, this gray area status is important. At present the Board's policy and the staff position is that medical offices are more appropriate within commercial- areas than in the PRO district, a zoning district consistent with residential land use classifications. Recent attempts to rezone property to PRO underscore the need to maintain PRO areas as low intensity sites. In almost all of the few proposed PRO rezonings in the past, there has been substantial concern regarding the effect of PRO zoning on adjacent property -- and that has occurred with the current restriction on professional office uses. Therefore, it has been established that the intensity of uses in.the PRO district is a major concern. 12 M M M ALTERNATIVES & ANALYSIS The Board of County Commissioners has several options as to how to address this issue. Probably the most appropriate alternative would be to direct the applicant to submit a zoning code text amendment request. This is an option available to any individual desiring to change an ordinance. Although there is a fee involved to limit frivolous requests, this process provides for a comprehensive and complete review of an issue with a recommendation to the Board. The other major option available is for the Board to direct the staff to initiate an amendment to the PRO district. As with the individual request, this would involve a staff analysis, public hearings, and a Board decision. RECOMMENDATION The staff recommends that the Board of County Commissioners take no action on this request but inform the applicant of his option to submit a zoning code text amendment request. Commissioner Eggert believed we had discussed this matter quite thoroughly when we were going through the ordinance, and she also felt it was very specific to that corner at 6th Avenue and 17th Street. Chairman Scurlock agreed there was a great deal of discussion and some pros and cons, and what we centered around was the level of trips generated. Commissioner Bird concurred that the main reason we excluded medical offices was because of the information from staff that they would generate considerable additional trips; however, he also wondered if there might be a way of working the ordinance so that whoever is developing a piece of this property pays in some way for that, possibly by diminishing the size of the square footage of the building, etc., accordingly to accommodate those additional trips Commissioner Eggert noting that having more parking helps and gives them a place to go and sit, but it doesn't diminish the, trips on the road getting there. Commissioner Bird pointed out that people in the vicinity would be able to walk there, and that would eliminate some trips. Chairman Scurlock commented that if you don't provide adequate areas for such offices throughout the county, he felt the overall impact is to increase traffic. AUG 9 1988 13 RuK, 73 F v)E 364 M M M Commissioner Bowman asked why this is not being considered as a Special Exception. Planner Nearing advised that was discussed when the PRO District was being adopted, but staff felt medical offices were not a compatible use to the PRO District and feared that if they were permitted, they would also have to be permitted in other less intense districts such as neighborhood commercial districts, -- etc. Chairman Scurlock expressed his concern that things start out small and then grow, i.e., The Doctor's Clinic which hag expanded greatly from the original building. Commissioner Wheeler was concerned that opening this up to a more intense usage could lead to other more intense businesses feeling they should be allowed also, and this would just be expanding the whole district. Commissioner Bird asked if there is a reasonable way to limit the amount of medical offices that could be allowed in a particular PRO building, perhaps by setting a certain percentage of the building space where that particular use would be allowed, but Commissioner Eggert believed Commissioner Wheeler concern was about another type business coming in and saying they were no more intense than a medical office and should be allowed in a PRO District, and then we would have a domino effect. Commissioner Wheeler wondered how many businesses would be of similar intensity, possibly hairdressers, and Planner Nearing stated they did not have an actual list, but referred to the Parking Ordinance which has information based on number of trips generated and attracted by specific uses. Another way would be to look at the amount of parking required - a restaurant, for example, requires 1-1/2 spaces per 100 sq. ft. floor area while a medical office requires 1-3/4 spaces per 200+ sq. ft. Commissioner Wheeler asked how many other businesses fall in the category of 1-3/4 spaces per 200 sq. ft., and Planner Nearing advised that is the only one he is fully aware of at this time. 4 BooP4�q.35 M M Attorney Bruce Barkett of the firm of Collins, Brown & Caldwell, came before the Board representing Ronald Kutschinski and speaking in favor of the proposed amendment of the PRO Ordinance. Attorney Barkett felt the amendment is required for two reasons - first, because the ordinance is not clear at all right now, and second, because as it is written now, it doesn't fill its potential as a zoning tool because it excludes medical offices for no reason. He pointed out that PRO is meant for professional uses and quoted the following from staff's memo of July 21, 1988, on PRO District uses: Included within the zoning code is a table entitled "Classification of Commercial Uses", _found on pages 1486.13 - 1486.19 of the Code Book. As with the SIC, this table contains major use categories with specific uses or subcategories listed under each heading. This table is an easy reference for quick determinations. When a use is not "specifically found ,in this table, staff either determines which listed use is most similar to it, or refers to the SIC. However, in the case of offices where the major heading is General Office and`Financial Services; the subcategories clearly differentiate between medical and professional office use. Therefore, since each of the uses are specifically listed, they are considered separate and individual uses within the same major use category. Because the PRO district was adopted. separate from the overall zoning code, the PRO district was not included in the summary table. However, allowed uses are determined for the PRO district in the same manner as for other districts. If the district regulations list only the overall category, that indicates that all subcategory uses under that category are allowed. If under the overall category certain subcategories are listed, those listed are permitted and those not listed are not permitted. In the case of the PRO district, the overall category of "General Office and Financial Services" includes professional offices (as differentiated above), and insurance and real estate services as permitted sub categories of uses. Other unlisted sub categories not permitted in the PRO district include banking and financial services, health services, medical related offices, and optical firms. Attorney Barkett contended that by the nature of your district you can control the type of use that goes in there. Chairman Scurlock asked about the case of a small office starting out and then expanding like the Doctor's Clinic, and Attorney Barkett pointed out that each time it expands, it has to go through site plan approval, and if you make it a Special Exception, you have control over each expansion. He, therefore, would like to ask the Board to put this back in as a Special Exception, which is how the Planning 8 Zoning Commission approved the ordinance. L- 15 BOOK. 16 P,�Ut •,66 Chairman Scurlock wondered on what basis we could say enough is enough and deny a future expansion, and Attorney Barkett noted that the Board now looks at a Special Exception on a case by case basis, taking into consideration its compatibility with the surrounding neighborhood, its impact on the services available, etc., and then you tailor your conditions on the Special Exception approval to those circumstances. The Chairman agreed that we judge the impact and set condi- tions whereby someone can alleviate the impact by providing additional parking, adding an additional lane of traffic, etc., but he believed when we have these professional office complexes that are close to residential neighborhoods, we want to have as reasonable level of volume of traffic as possible, and he would like to have a vehicle that says while you can have more parking and you can improve the road, in this particular case we don't necessarily want 8 lanes of traffic and the impact that goes along with that. for. Attorney Barkett felt that is what Special Exceptions are Commissioner Eggert pointed out that it is one thing if you are expanding by adding onto a building, but if the business is in a building with other businesses and the real estate office moves out and some other business moves out, and the high traffic business takes those offices over, you don't realize this is going on and all of a sudden, there is a tremendous impact. Chairman Scurlock believed that is why Commissioner Bird earlier brought up the possibility that you would have a percentage, and they could not occupy more than that set amount. Attorney Barkett pointed out while there are some built-in protections already in the PRO District, i.e., increased buffer and setback requirements, and for medical offices you have an increased parking requirement, he did not feel the county has the protection they want in the present ordinance. As an example, he advised that Mr. Kutschinski submitted a site plan for a building AUG 9 1988 16 BOOK 73 F,1r,E 36 7 of 25,000 sq. ft. and his intention was to divide it in half - 50% medical offices and 50% for other professional uses. With that mix, it would generate approximately 605 trips a day. Without the medical, it would generate about 485, but on that same site he could put a 37,000 sq. ft. office building without having to come before the Board, and that would generate 720 trips per day. Therefore, the Board does not have the protection they are seeking. Attorney Barkett went on to point out the lack of clarity in the ordinance, noting that and only after the site plan was submitted did staff tell Mr. Kutschinski that medical offices are not allowed in PRO. At that point, his law firm wrote to the County Attorney's office and received a letter from Assistant County Attorney Collins, as follows: a BOARD OF COUNTY COMMISSIONERS i 1840 25th Street, Vero Beach, Florida 32.960 ,. Telephone: (305) 567-8000 Suncom: 224-1425 July 25, 1988 George G. Collins, Jr., Esq. COLLINS, CALDWELL E BROWN P. O. Box 3686 Vero Beach, FL 32964 Re: PRO District Dear Joe: CHARLES P. VITUNAC County Attomey WILLIAM O. COLLINS 11 Aril. County Attorney SHARON PHILLIPS BRENNAN Aesl. County Attorney I I agree with you that in common usage doctors and dentists are considered professionals. Black's Law Dictionary speaks of professionals as those who have acquired some specialized knowledge usually through, advanced education; those who service is primarily intellectual rather than manual. Based on this common usage of the word it is a reasonable conclusion to believe that doctors' and dentists' offices would be considered professional offices. My discussions with the Planning Department Indicate that doctors and dentists, medical offices are not considered professional offices within the meaning of the zoning ordinance. They have explained to me that the characteristics of medical offices are such that they generate far more trips thap the normal office building for 17 AUG 9 1988 BOOK 7j FAr X68 realtors, insurance agents, attorneys, etc. With such high trip generation characteristics, medical offices do not provide the transition from higher intensity commercial uses to the residential districts as is intended by the Professional Office District. The planners indicate to me that at the time the PRO District was originally adopted there was discussion of the fact that medical offices would not be considered professional offices. A full explanation of the Planning Department's position is. to be provided to me and I will forward it to you under separate cover as soon as it Is received. The minutes' of the hearing of the original adoption of the ordinance disclose the intent of the Commission to exclude medical offices in this PRO District (attached). Yours truly, tee. P� -<-. -� .'• �a.Q,� William G. Collins 11 Assistant County Attorney Chairman Scurlock believed staff is in concurrence that there are some ambiguities and should be some clarifications, and he would support staff taking a look at this and scheduling a public hearing re the language and also re expanding the controls so we have safeguards. Attorney Barkett submitted two proposed ordinance amendments to the Board. Commissioner Bird expressed his feeling that a Special Exception use is the way we should go. He believed that, handled properly and not over done, medical offices can be a benefit to the surrounding neighborhood and reduce overall traffic trips throughout the county, but we must have the safeguards. Attorney Barkett raised the point that Mr. Kutschinski's site plan is being held up until this is resolved, and he would like to request that it be allowed to continue on through the process, and if in the end, no medical offices are allowed, then they would just remove that wording from the site plan. The Board had no objection to Attorney Barkett's request and directed staff to continue Mr. Kutschinski's site plan through the process. The Chairman asked if any member of the public wished to speak. AUG 9 1988 18 Boot( 73 PACE 369 Ruth Chapman, resident of Rockridge, commented that when the hearing was held regarding the PRO District, she accused Mr. Kutschinski of not living up to a moral obligation, but she has since found out that he did give footage on his western boundary to the City to widen the road, and she wished to apologize publicly since she accused him publicly. In regard to the issue at hand, Mrs. Chapman quite agreed with Mr. Barkett. She stated that the people were unaware of what PRO stood for and felt either a doctor's or dentist's office would be allowed, which not only would contribute to the welfare of the people in Rockridge but there would be a smaller building, more parking space and more buffering. As far as the traffic is concerned, she felt if the buffering is done correctly at that site, and Mr. Kutschinski has the setbacks needed at that corner, it would help Rockridge improve that corner and eliminate some of the problems. The people who live directly across from where egress would be undoubtedly would not like it; however, if something were put into the roadway so the people could only make a right hand turn out onto 6th Avenue, she did not think it would be all that bad. Mrs. Chapman emphasized that she did feel it would benefit all to have that type office in there rather than 18 offices of various types, which could not be controlled as much as the medical offices could. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bird, the Board unanimously referred the proposed amendment to the PRO District to be re- viewed on the basis of a Special Exception and putting in some more definitive language as discussed. 19 BOOK .13 F'A"f. 70 SIDEWALK IN VERO BEACH HIGHLANDS - 6TH AVENUE Public Works Director Davis informed the Board that some months ago the Vero Beach Highlands. Property Owners Association and some interested citizens who have children attending the Highlands Elementary School started to try to raise funds for a 1/2 mile sidewalk from the school to the intersection of 6th Avenue'SW and -Highland Drive. They have put a tremendous amount _ of effort into this and held a lot of fund raisers. A lot of businesses have contributed, and George Kulczycki, of General Development, has approached GDC to assist in the funding. Both Mrs. Washburn, who is chairman of the sidewalk committee, and Mr. Kulczycki are here this morning. George Kulczycki came before the Board and advised that he is co-chairman of the committee, and Mrs. Washburn asked him to speak for them. He•advised that they have had several functions - a rummage sale, plant sale, a car wash, a carnival, etc., and so far they have raised $2,341.97. Director Davis has informed them that the price -for the sidewalk would be about $7,300. Another part of their goal was that they had wanted the sidewalk completed before school opens. Mr. Kulczycki continued that GDC has given some money; he gave $100 for them just to start off the fund raising, and he has approached General Development head- quarters in Miami in regard to additional funds. In the meantime he and the GDC staff have personally contributed around 100 man hours working at these functions and have used the recreation facilities GDC owns. There has been a big effort, but they have not been able to raise what. is needed, and they are here to request some assistance from the county. Commissioner Bird asked Director Davis if we have anything scheduled or budgeted in this area. Di.rector Davis believed this would be sidewalks improvement more than.recreational improvement. He noted that there are some unencumbered funds in the Road & Bridge fund that could assist -in materials and we could supply some labor. He also 20 Boa73 F�acE °371 AUG � �9�� brought up the possibility that this could be an effort between the residents, the county, and the School Board. Commissioner Bird noted that apparently we are about $5,000 short, and Director Davis explained that the estimate of $7,300 was just for materials for the half mile section; the labor would be over and above that cost; however, we do not necessarily have to build the whole half mile. Chairman Scurlock expressed his feeling that if we are going to do it, let's do it right. Commissioner Wheeler inquired how much Mr. Kulczycki has asked General Development to donate, and he advised that he asked GDC for $1,000, but commented that it is unfortunate this request came at the same time the impact fees are going up. Commissioner Wheeler pointed out that this sidewalks relates to public safety and asked why, if we get the thousand, we couldn't split the difference with the School Board and get this done. Commissioner Bird had a similar suggestion, except that he would suggest we split the difference with GDC. We may have raised our impact fees, but with the size of their project, they have a tremendous impact on the county and he felt providing this safety for the kids should be a joint responsibility. If the School Board wishes to participate to some degree, we could split it three ways. Chairman Scurlock expressed doubt that we will get that support from the School Board. As 0 part of the site plan process, we have consistently asked for sidewalks, but there has been a gentlemanly disagreement with the School Board when it comes to responsibility for turning lanes, traffic signalization, sidewalks, etc., and who is to supply what. The Chairman stated that he would support Commissioner Bird's suggestion about splitting the amount with GDC. However, we do have limited funds, and he wished to make it clear that this would be a joint ® 21 U 9 1988 BOOK 70 FAGr 372 participation and that it in no way sets a precedent as we cannot do this with every request if funding is not available. Commissioner Bird agreed that we have always encouraged groups such as this to try to raise funds on their own and then come to the Commission. He stated that he would like to pledge at least $2,500 and ask GDC to match that contribution. Director Davis clarified that $5,000 would take care of materials, and the Board could authorize the labor and whatever indirect costs we might have. He noted that the School Board has participated in some of the press releases re the fund raisers and suggested that possibly,the Commission might want to give them the opportunity to voice whether they want to contribute or not. Chairman Scurlock agreed they should have the opportunity to join in, but he did not want to delay this based on that; he would support just asking them. ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Eggert, the Board unanimously agreed to pledge $2,500 towards the proposed sidewalk plus the in-kind labor and to ask General Development Corporation to make a matching contribution and also give the School Board the opportunity to contribute if they desire. PROPOSED AMENDMENT TO PLATTING ORDINANCE - CONTINUED -FROM 7/26/88 The Attorney's office advised that this was notreadvertised as it was tabled from the July 26th meeting to a time certain. Asst. County Attorney Collins reviewed the following: AUG U9 1988 22 BOOK 73 �r{UDE 3 TO: The Board of County Commissioners FROM:: C—William G. Collins II - Assistant County Attorney DATE: May 4, 1988 SUBJECT: Amendment to Platting Ordinance Please find attached a :proposed ordinance making minor revisions to our requirements for final platting. The second and the third revision are minor and incorporate requirements of Florida Statutes relating to platting. The second simply provides for inclusion of the name of the subdivision within the Certificate of Dedication executed by the owners. The third. revision incorporates a new requirement of Florida law that requires that dedications for utility easements shall also be easements for the use of cable television services. The first revision and perhaps the most important, has to do with the lettering size on plats. As you may be aware if you have ever tried to read a plat which has been photographed on microfilm and then reproduced from the microfilm at half of its original size, It is very difficult to read the printing on many if not most plats. This really defeats one of the functions of recording a plat, i.e., to put the publ-i'c on notice as to the intentions for the future sale and-, development of a particular parcel of land.. To avoid this..prdblem the clerks office and the county surveyor have suggested a minimum character height of 5/32 of an inch which Is the standard size used for Department''of Defense microfilmed materials. I incorporate for your rev.iow'examples of -this size print as well as supporting memorandums from Mr. Cramer and Mr. Woodard which explain the need for this change better -than I can. Attorney Collins noted that at the last meeting surveyor Peter Musick suggested that the problem was not so much the print size but the machine at the Clerk's office which was not capable of enlarging the plats to a readable size, and he felt a new machine might be the solution. Mr. Woodard, Microfilm Manager for the Clerk, is now back from vacation and ready to address this. Rick Woodard confirmed that there is equipment available to blow plats up to 18 x 24 or even larger, but that is not the problem; the problem is that users other than surveyors want the copies 11 x 17 or even smaller if possible. Chairman Scurlock asked what would be the problem with a piece of equipment flexible enough to provide both large and small copies,.and Mr. Woodard pointed out that those who want larger .copies can get a full size blueprint from the original. 23 13 �yc� AUG 9 1988 BOOK rnL 374 L s � � Commissioner Eggert believed the problem brought up at the last meeting was the fact that if the print was enlarged we could end up with a lot more sheets per plat and also the possibility of losing some of those sheets. Peter Musick, registered land surveyor, presented the Board with a•lifesize copy of the last plat he filed for Beindorf & Associates plus a negative of it, explaining that they prepare their plats on vellum and send them to West Palm Beach where they make a negative photograph of them. Mr. Musick felt we are all looking for a common solution and he just wanted to demonstrate there are other means. He believed the letters on the copies he submitted are sharp and clear, and he thought one of the problems in bringing that back from the microfilm to the 11 x 17 is that they then take those to a Xeroxtype process, and that causes the fuzzy letters. Mr. Musick stressed there are other ways of doing this rather than having to file a final plat of 3-4 sheets, which involves a considerably higher filing cost. Mr. Musick continued that he inquired about the cost of the machine he mentioned at the last meeting and was told it would cost around $75,000, which he agreed is a lot of money, but he believed the Clerk does not have the equipment to do the job. In further discussion he noted that if they have room on a plat, they can use larger lettering and another alternative is to make the letter lines as fine as possible. Mr. Woodard noted that the lettering on the plat submitted by Mr. Musick is just a bit smaller than the size the Clerk is requesting. He stressed that the 5132 size they are recommending is required on Department of Defense plats and is also the size recommended by the Micrographic Association - these are industry standards. As to the cost of filing, he did not believe that cost comes out of the surveyors' pockets. Chairman Scurlock believed they were also concerned about the possibility of losing information when a plat has 3 or 4 sheets.• 24 BOOK 73 FAu 375 r � � Mr. Woodard stated that the majority of our plats are multi -page plats as it is, and he believed a plat that presently has 2 pages might become 4 pages. He further noted that the camera being used now is a 35 mm. Kodak designed for this very application. Chairman Scurlock inquired just what initiated this request, and Mr. Woodard explained that it was brought about by people -- coming in and wanting the 11 x 17 copies, and then they couldn't read. He further noted that he is in the middle of a plat restoration project - some go as far back as 1887, and they are in such bad shape that the only way we can preserve them is through microfilm. Properly processed microfilm has a life of 500 years. Mr. Musick commented that one other possible solution would be if the Board would consider doing something to reduce the amount of text going on these plats. He filed one once that had 12 joinders and consents on it and it made 3 pages; possibly they could file the joinders and consents separately. Attorney Collins advised that under state law the joinders and consents can be done by separate affidavit and filed referencing the plat, but then you also could run into the problem of losing documents. In further discussion, it was noted that the problem does not come as much in the text as in the numbers around the drawing. Mr. Woodard then submitted a plat drawn at 5/32 and reproduced on the Clerk's existing equipment, and advised that it is one page of. a multiple page plat. Mr. Musick looked at what was submitted and noted that all the annotations on the lines have been tabled, i.e., there is a line table and a curve table. He stated that the essential difference is that one plat is four sheets and the other is one. He was aware that you can file joinders and consents separately and reference the plats. AUG 9 1988 25 BOOK 73 FACE 376 Mr. Woodard had no problem with that but believed the title companies would not be too happy with that arrangement. Chairman Scurlock asked about the possibility of adjusting the fee structure in order to get the piece of equipment discussed, but Mr. Woodard advised that the fees are set by statute and can't be changed. Engineers and surveyors Robert "Flip" Lloyd, Jim Young and =_ Dana Howard, all expressed their support of Mr. Musick's statements. Mr. Howard noted that every time he buys a plat, he buys the full size, and Mr. Woodard believed he had said that almost everyone except surveyors wants the smaller size. Mr. Young continued to discuss the print size and the possibility of getting the document which was photographically produced and submitted by Mr. Musick reproduced commercially which he felt could be done fairly inexpensively. He stressed his preference for one page plats and pointed out that every time you have to table, you open yourself up to an error because if you start going from a drawing to a table, you are liable to go to the wrong line. He asked that the Board allow some extra time to check into his suggestion. George Cathey, surveyor, informed the Board that he has been in several jurisdictions in the United States that had similar problems. He felt one thing that can be given consideration is making an auto -positive to 11 x 17 and require that to be filed simultaneously with the plat. Many attorneys require that automatically. The auto -positive could be kept in a book and indexed in several different ways; it can be reproduced either with a Xerox or a blueprint and it will still have the clarity. He believed the life is about 300 years and felt you can specify the archival length you want. The Chairman noted that it seems -there are several alternatives. Assistant County Attorney Collins pointed out to the Board that there are two other revisions to the ordinance which are 26 ROOK ( 3 FA; . . AUG199 ,�77 required by state law and whatever the Board decides to do about the print size, we need to make those changes to come into compliance with state law. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bird, the Board unanimously approved the second and third revisions, as set out in memo dated May 4, 1988, which are required by state law, and agreed to table further action on the lettering size for one week while the various options discussed above can be considered. REQUEST FOR SPECIAL EXCEPTION APPROVAL FOR A PRD - COPELAND'S LANDING WEST The hour of 9:05 o'clock A.M. having passed, the Deputy Clerk•read the following Notice with Proof of Publication attached, to -wit: VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida BOUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath Says that he is Business Manager of the Vero Beach Press -Journal. a daily newspaper published at Vero Beach in Indian River County, Florida: that.the attached copy of advertisement, being ---A / . in the matter in the (/(Court, was pub• (shed in said newspaper in the issues of Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore peen continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ,.y, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed befoZ me *is ay 4/4� gp. 19 Iff (SEAL) ' 27 NOTICE - PUBLIC IIEAWNtt Notioe of hearlog 0 NMWer the grardkng d special axcepticn approval for a Plarniued tit# dentia) Development The tabled properly is presently owned by Copeland landing. Inc , The =94M properly is deelaibed a '.3W.. •. East 10 acres of aoutn halt of BE 1v or .. NW u of Section 3. TowmNp 32 Saust Range 39 EasL YWiain Raw Coirlly,:z Florida.!._ A puWic hearing at whleh o•r0as In Vlaraol^; arid dtaens snail have an opponLmlly to be i heard, will be hold by the Board at County Con► j n a sioners of Indian liner Courdy: Florida,InnCounty On County Commission Chaintiers of Administration BOOM, iscat- at tB l0 251h Street Vero Beach. Florida on Tuesday. Augot 9.1 am. at 9:05 a.m. Anyone who may wish to appeal any dsEitlon which may be made at this neeta wW = b erwtae that a verbatim record m the proceedmpa is made. wlaeh rcidudas testimony and avidarnoe upon which the appeal is basad. . . Indian Rner County .. . Board of Couny CamWaionws Br-&43on5cnaloCk.Jr.rhatralm .Wly20.1888 BOOK 73 Fr10E 378 � � r Chief Planner Stan Boling made the staff presentation:. TO -Charles P. Balczun DATE:July 15, 1988 FILE: County Administrator DIVISION HEAD CONCURRENCE: ` SUBJECT: REQUESTFOR CONCEPTUAL D'S LANDING P.o ertwfz1. eat g, P _ Community Devel pme Director SPECIAL EXCEPTION APPROVAL FOR A PLANNED RESIDENTIAL THROUGH: Stan Boling DEVELOPMENT Chief, Current Development FROM: John W. McCoyREFERENCES: copelands landing Staff Planne 4l�,IBMIRD It is requested that' the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 9, 1988. PROPOSED DEVELOPMENT AND LOCATION: Copeland's Landing, Inc., owner, is requesting conceptual special exception approval for a 28 unit planned residential development (PRD). The proposed project is to be located on a 10 acre parcel lying approximately 60' east of the 73rd Street/U.S. Highway #1 intersection on the north side of 73rd Street. The applicant is requesting PRD approval'to facilitate developing a unified project on a site "split" by multi -family and single-family zoning. Under the PRD ordinance, clustered "multi -family" units can be con- structed in single family districts since PRD buffering and open space safeguards are required. Currently this property is surrounded by groves; however, it is anticipated that this development will be compatible with the projected low density for the area. This special exception conceptual plan approval request is the first step in the PRD process. PRD applications follow these steps in the County's review process: - Planning and Zoning Commission recommendation to B.C.C. regarding the special exception use - B.C.C. approval (of the use and the conceptual plan) - Preliminary PRD approval (of the site plan and prelimi- nary plat) - Land Development Permit approval (of the construction and engineering drawings) - Building permit issuance - Final PRD plat approval Although the applicant awns and is developing the Copeland's Landing Subdivision (located east of the subject site), this project is separate from the subdivision, and will be reviewed and developed separately. The Planning and Zoning Commission unanimously recommended approval of this application at its July 14, 1988 meeting with the conditions included in the recommendation of the end of this report. 28 BOOK 73 rnE 379 RUG Joe ANALYSIS: 1. Size of Property: 10 acres 2. Zoning Classification: RS -3 and RM -3 3. Land Use Designation: LD -1, Low Density Residential (up to 3 units/acre) 4. Proposed Density: 2.8 units/acre 5. Surrounding Use/Zoning: North: Groves/RM-3/RS-3 and LD -1 South: Groves/RM-3 and LD -1 - .East: Groves/RS-3 and LD -1 West: Groves/CL/Hobart Road Commercial Node 6. Landscaping and Buffering: A 25' perimeter setback/preserve with existing vegetation is provided along the property boundaries. The applicant may relocate some of the more transplantable trees (e.g. small trees and palms) from the buildable areas (footprints) of the road, lake, and buildings to the perimeter of this property. This heavily landscaped setback area will function as a buffer from the surrounding active agricultural operations and other land uses,. The applicant will provide a landscape plan meeting the criteria of ordinance #84-47 with the preliminary PRD plan. 7. Open Space Required: RS -3 = 400 RM -3 = 50% Provided: Overall = 500 8. Utilities: This project is to be served by package water and wastewater treatment plants. The Utilities Department has given conceptual approval to these package plants. The water plant will be located in the northwest corner of the 'project, while the wastewater treatment plant will be located off-site. These package plants will serve this development and the applicant's proposed Copeland's Landing subdivision project located east of the subject site. 9. Drainage Plan: A conceptual stormwater plan consisting of a single lake has been approved by Public Works. Littoral zones around the lake, meeting County lake creation standards, will need to be addressed in the preliminary PRD application. 10. Traffic Circulation: The project will have paved access from 73rd Street only. An interior roadway will connect to 73rd Street and provide for the project's internal circulation. 11. Parking Required: 56 spaces Provided: 56 spaces 12. Dedications and Improvements: The applicant will dedicate 30' of property for 73rd Street right-of-way to bring 73rd Street up to the required 60' of right-of-way width. This dedication does not require compensation since it is site -related; bringing the subject segment of 73rd Street up to the minimum local road standard necessary to accommodate the development. AUG 9 199 29 BOOK 73 FAGS 380 L_ RECOMMENDATION: Based on the above analysis, staff recommends that the Board of County Commissioners grant special exception approval for the planned residential development, "Copeland's Landing West", with the following conditions: 1. Prior to the issuance of any Certificates of Occupancy (C.0's) a. 73rd Street shall be paved to the project entrance; and b. A littoral zone shall be established around the lake in accordance with Section 25(R) of the zoning code. 2. Thirty feet of property shall be dedicated on the final plat for 73rd Street right-of-way. The Chairman asked if anyone wished'to be heard. Attorney Bruce Barkett, representing the applicant, advised that they have no problem with the conditions imposed by the Planning & Zoning Commission; they are just here to answer any questions. It was determined that no one else wished to be heard, and the Chairman declared the Public Hearing closed. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously granted Special Exception approval for the PRD Copeland's Landing West based on the conditions recommended by staff. APPROVAL OF ADDITIONAL FUNDS FOR GE STAR VALIDATORS (IRCVAS) Administrator Balczun reviewed the following: 30 ROOK 73 uGF 381 Aft UG 91 198F, TO: Charles Balczun DATE: August 1, 1988 FILE: County Administrator SUBJECT: Agenda Item - Approval of Additional Funds for GE Star Validators Installed in IRCVAS Radios FROM. Doug Wright, Director REFERENCES: Emergency Management Services It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its next regular scheduled meeting. DESCRIPTION AND CONDITIONS On September 8, 1987, the Indian River County Board of County Commissioners approved payment' for the purchase and installation of Automatic Number Identifier (ANI) Units to be installed in the EMS vehicles, Emergency Management Services radio equipment, and North County Fire radio equipment. At that time it was anticipated that Central Communications would be on line and operational by January 1, 1988. Since that time, the Indian River County Vol- unteer Ambulance Squad has added additional vehicles which means additional radio equipment needs the ANI units installed. ALTERNATIVE AND ANALYSIS The Board of County Commissioners initially approved purchase and installation of seven (7) ANI units since that was what was reported by IRCVAS as the number of radios that would need the equipment for the CAD/Central Communications. However, since the approval was received from the Board, delays have occurred and IRCVAS only went on line with Central Communications on June 6,. 1988. In this interim, IRCVAS has purchased additional EMS BLS transport vehicles for which the County has purchased radio equipment. The ANI units cost $190.00 which includes installation. In addi- tion to the earlier approved expenditure of $1,330.00, six (6) additional radios have had the ANI units installed which exceeds by $1,140.00 the amount originally approved by the Board of County Commissioners for IRCVAS equipment. RECOMMENDATION Staff recommends approval of the the installation of ANI units in initially approved from the General additional sum of $1,140.00 for IRCVAS equipment. Funding was Fund, however, it is recommended that the additional funds be provided from Revenue Sharing monies or an appropriate account designated by the OMB Director. Since the ANI unit identifies the unit calling without verbal transmission on CAD equipment, it could be a real asset in terms of recovering stolen radio equipment, identifying a radio with transmission' problems, or saving a life in a worst case scenerio involving the general public. 31 BOOK 73 urE:382 Commissioner Eggert noted that these are very much needed. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bowman, the Board unanimously approved the additional sum'of $1,140 for the ANI units in IRCVAS equipment (Star Validators) as recommended by staff. =_ GIFFORD STREET LIGHT DISTRICT - ADDITIONAL LIGHTS The Administrator reviewed the following: ----------------------------------------------------------------- TO: Charles P. Balczun County Administrator FROM: James W. Davis, P.E. Public Works Director SUBJECT: Gifford Street Light District Request for additional lights DATE: July 28, 1988 DESCRIPTION AND CONDITIONS Staff has received the following requests for additional street lights: 1) Ola Smith d.b.a. Smith Grocer. 32nd Avenue and 45th Street - New poles have been installed in conjunction with Gifford Sewer Project. Property owner is requesting new lights be installed.- 2) nstalled. 2) 49th Street (Lindsey Road) at Kings Highway - General public is requesting a light at this intersection. Both areas are in the Gifford Street Light District. ALTERNATIVES AND ANALYSIS Staff has inspected both sites and offer the following opinions: Site 1 - 45th Street at 32nd Avenue. Mrs. Ola Smith is requesting a new light due to alleged drug sales and nighttime loitering along 45th Street. An existing street light is approximately 80' east of the new poles east of 32nd Avenue. Gifford Street Light District light spacing is approximately 3001 in this area. The light is not needed for traffic safety, however, it is desired for security by the grocery owner. 32 AUG 9 1988 BOOK 7ma-.383 Site 2 - 49th Street at Kings Highway. Due to the intersection of a collector road and arterial route. This light is warranted. RECOMMENDATION AND FUNDING It is recommended that both lights be installed. Funding to be from the Gifford Street Light District Fund. ON MOTION by Commissioner Wheeler, SECONDED by Com- missioner Eggert, the Board unanimously approved the installation of both lights requested; funding to be from the Gifford Street Light District Fund. PAVING OF 13TH St. BETWEEN 36TH S 37TH AVE. Administrator Balczun reviewed the following memo: ----------------------------------------------------------------- TO: Charles P. Balczun Count 1,dmin rater THROUGH: 1ph N/. B escia, P.E.cdpv�l County_Engine V. FROM: Michelle A. Terry, C Civil Engineer SUBJECT: Paving of 13th Street between 36th and 37th Avenue DATE: ---------------- August 2, ------------------------------------------------ 1988 DESCRIPTION AND CONDITIONS On June 16, 1987, a resolution was adopted to pave 37th Avenue from 12th Street to 14th Street under our petition paving program. Construction is now underway for paving of 37th Avenue. Some property owners along 37th Avenue and those on 13th Street have expressed interest in having the portion of 13th Street paved from 36th to 37th Avenue. There will be approximately 256 lineal feet of unpaved roadway between 36th and 37th Avenue after 37th Avenue is paved. Please see attached map highlighted in yellow. The Engineering Division has not received a petition for this portion of 13th Street. If staff were to take this 256 lineal feet to the Board for approval and preparation of a pending assessment and resolution it may take at least a year before paving could be complete. There are approximately ten petition paving projects that have already been approved for paving and approximately 15 petitions,that need to go to the Board of County Commissioners for approal prior to 13th Street. These roads normally are paved on a first come first serve basis. RECOMMENDATION & FUNDING The Engineering Division recommends paving this portion of 13th Street at the time 37th Avenue is paved. County crews will AUG 9 1988 33 Boos 73 fir,- 184 L be in this area and therefore additional costs will be kept down by utilizing the equipment and labor force already preparing 37th Avenue. Also paving of 13th Street will eliminate the grading of the short section of unpaved roadway. Funding in the amount of $3,672.37 would come from the Road and Bridge Accounts #111-214-541-035.39 and 111-214-541-035.31. Commissioner Eggert asked if there was some resistance to the proposed paving, and Public Works Director Davis did not know of any resistance to connecting 13th Street up by any property owners. This is a situation of a very short section of roadway that would be left unpaved. Staff in the past has not encouraged the County paying 100% of the cost, but it is very impractical to leave some very short sections unpaved when you are doing the roads in an area. He believed we will have the same situation in the Gifford sewer project that is coming up. Commissioner Wheeler wished to know if we can't look at these in advance and bring them onto the assessment roll when we do a street, and Director Davis agreed that we should start doing that. ON MOTION by Commissioner -Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously authorized the paving of 13th Street between 36 and 37th Avenues as recommended by staff. AGREEMENT W/I.R.SHORES TO PURCHASE AMBULANCE FOR USE BY FELLSMERE VOLUNTEER AMBULANCE SERVICE Administrator Balczun reviewed memo from the Director of Emergency Management: 34 BOOK 73 F-mUE 385 TO: Charles Balczun DATE: August 3, 1988 FILE: County Administrator.: -as SUBJECT: Agenda Item - Approval of Agreement with Indian River Shores to Purchase Ambulance for Use by Fellsmere Volunteer Ambulance Service with EMS County Award Funds FROM: Doug Wright, Director REFERENCES: Emergency Management Services It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its next regul- ar meeting. DESCRIPTION AND CONDITIONS Pursuant to Chapter 401, Florida Statutes, Indian River County each year receives a portion .of funds that are collected from add on charges to traffic citations for improvement and expansion of the EMS service. The funds are then allocated by HRS to the County through the Emergency Medical Services (EMS) County Awards Program. A simple grant application is completed by my office for the funds to be disbursed stating how the funds will be used to enhance the EMS system in the County with input from all the providers. The Town of Indian River Shores has purchased a new EMS transport 'vehicle and has offered to sell a 1980 Chevrolet Type I Modular Ambulance, vehicle identification number CCW33AB107239, with very low mileage to the Fellsmere Volunteer Ambulance Service. The funds from the EMS County Awards Program will' not be available until after October 1, 1988, to pay for the ambulance. The Town of Indian River Shores will release the vehicle to the County and accept delayed payment if the attached Agreement To Purchase is executed by the respective parties. The EMS County Awards Program requires that all equipment purchased through the program remain the property of the County. The sum of $40,987 is anticipated from HRS. ALTERNATIVES AND ANALYSIS The Fellsmere Volunteer Ambulance Service is in dire need of addi- tional EMS BLS transport vehicles. This problem was externally created due to the fact that the former Sebastian Volunteer Ambulance Squad Board of Directors had to sell a relatively new modular unit being utilized by Sebastian since May 3, 1988, to satisfy a lien on the vehicle. The Indian River Shores Town Manager requested some documentation to ensure payment of the vehicle prior to it being released to the Fellsmere Volunteer Ambulance Service. The Fellsmere Volunteer Ambulance Service agrees that they will insure and maintain the vehicle in the condition in which it was received notwithstanding normal wear and tear. RECOMMENDATION Since the EMS providers in the County have already allocated funds to purchase the ambulance for the Fellsmere Volunteer Ambulance 35 BOOK .73 PPE 386 AUG 0 1 Service, staff recommends that the Board of County Commissioners approve the Agreement To Purchase with the Town of Indian River Shores. Once the title is conveyed to the County, a license will be prepared by the County Attorney's Office setting forth the con- ditions alluded to above in terms of insurance and maintenance of the vehicle. Funds will be transmitted to the Town of Indian River Shores in the amount of $12,000 upon receipt of the monies from HRS. Commissioner Eggert advised that the ambulance is badly needed. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, The Board unanimously approved the Agreement with the Town of Indian River Shores and authorized the signature of the Chairman. A G R E E M E N T BETWEEN INDIAN RIVER COUNTY AND TOWN OF INDIAN RIVER SHORES RE: PURCHASE OF AMBULANCE THIS AGREEMENT, made this dayof , 1988, by and between INDIAN RIVE'�tOUNTY, a political `subdivision of the State of Florida, 1840 25th Street, Vero Beach, FL 32960, (407) 567-8000 (COUNTY), and TOWN OF INDIAN RIVER SHORES, a municipal corporation of the State of Florida, Town Hall, 6001 N. A -1-A, Vero Beach, FL 32963, (407) 231-1771 (TOWN), W I T N E S S E T H: WHEREAS, COUNTY has been notified that it will receive $40,987 through the Emergency Medical Services (EMS) County Awards Program, of which $12,000 has been designated for the purchase of a 1980 Chevrolet Type I Modular Ambulance, Vehicle I.D. #CCW33AB107239 from the TOWN; WHEREAS, the grant of funds will not be available until after October 1, 1988, yet the ambulance is needed Immediately by the COUNTY for use by the Fellsmere Volunteer Ambulance Services; and WHEREAS, the TOWN is willing to transfer title to the ambulance to the COUNTY immediately with the understanding that the funds will be paid upon receipt in the next fiscal year from the Florida Department of Health and Rehabilitative Services (HRS); NOW, THEREFORE, for and in consideration of the mutual covenants contained herein the COUNTY and the TOWN agree as follows: 1. TOWN will transfer title to the referenced ambulance immediately. 36 AUG 9 1988 Boort .73 P,iA87 2. COUNTY will funds to the the HRS. Date August 9,1988 transfer the referenced TOWN upon receipt from BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLO IDA By G - -Don --§c r oc , Chairman TOWN OF INDIAN RIVER SHORES r By / / Mayo ADDENDUM to Agreement Between Indian River County and Town of Indian River Shores . I In any event, the COUNTY agrees that it will pay for the ambulance in full by December 31, 1988. Date /d /9yF BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By �Z_ "-- Don C. S rl ock, J Chairman FmHA CONTRACT AMENDMENT - RESIDENT INSPEC. 8 ENGINEERING DESIGN Administrator Balczun reviewed the following: TO: CHARLES P. BALCZUN DATE: AUGUST 3, 1988 COUNTY ADMINISTRATOR THRU : TERRANCE G. PINTO r DIRECTOR OF UTIL ICES C FROM: ERNESTINE W. WILLIAMS MANAGER OF PROJECT ADMINISTRATION !!; DEPARTMENT OF UTILITY SERVICES SUBJECT: FmHA CONTRACT AMENDMENT FOR RESIDENT INSPECTION AND ENGINEERING DESIGN BACKGROUND In the original budget for the Gifford Sewer Project, the estimated cost of Inspection was $150,000.00. The estimated number as per this contract is based on a percentage of the total cost of the project. Due to the total cost of the project increase and- because of additional work, it is necessary to change the estimated amount to reflect the provisions of the FmHA Contract Section C, Section A-14, and attachment I. RECOMMENDATION The staff recommends that the Board of County Commissioners correct the budget by increasing the Inspection Cost to $163,044.00. Upon approval, the necessary document will be sent to FmHA for final approval. 37 AUG 9 1 Boor. 7 Commissioner Eggert commented that at this point we don't have any kind of approval from FmHA for the difference, and Utilities Director Pinto explained that FmHA made the request that the contract be amended; first we have to approve it and then it goes back to them. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bowman, the Board unanimously approved Amendment No. 2 to the Agreement for Engineering Services w/Masteller 8 Moler Assoc., increasing the payment estimate as above and approved the necessary Budget Amendment #058. TO: Members of the Board of County Commissioners FROM: Joseph A. Bair OMB Director �A SUBJECT: BUDGET AMENDMENT NUMBER: 058 DATE: Auctust 19, 1988 Entry Number Funds De artment Account.Name Account Number Increase Decrease 1. FUND 430 Gifford Sewer Pro'ect En ineer. 13.044 Reserve Gifford Sewer Project Contin . 0 S13.044 p 38 AUG 9 1988 BOOK lipACE•.��9 AMENDMENT NO. 2 TO AGREEMENT FOR ERCTREERTNG SERVICES BETWEEN INDIAN RIVER COUNTY AND MASTELLER E MOLER ASSOCIATES, INC. Relating_to the_Gifford Sewer Pro ect THIS AGREEMENT made this day of 11 1988, by INDIAN RIVER COW-ff, hereafter re erre to as the OWNER, and MASTELLER E MOLER ASSOCIATES, INC., hereafter referred to as the ENGINEER; W I T N E S S E T H: THAT for and in consideration of the mutual covenants and promises between the parties hereto, it Is hereby agreed: 1. That certain Agreement for Engineering Services, dated the 13th day of November, 1985, between OWNER and ENGINEER, a copy of which is attached, is amended as follows: Section C - Compensation for Resident InspectionAs Set Wirth Zri �ectZon A=14- tfie Tast sentence-Ts-amenaea to-Tncrease the payment estimate from "$150,000:00" to "$163,044.00." 2. OWNER and ENGINEER acknowledge that this amendment does not increase the overall projected cost of. the Gifford Sewer Project. Date August 9, 1988 Date OWNER: INDIAN RIV R COUN By c4-bon c r oc , Chairman ENGINEER: MASTELLER & MOLER ASSOCIATES, INC. 1 By "Ea FT-�. Ma s e e riec — President APPROVED: FARMERS HOME ADMINISTRATION By _Clen_ WaTden AUG 9 1988 39 ROOK 73 F,1n.390 DISCUSSION RE HEARING OFFICER FOR MARY KISER MATTER County Attorney Vitunac noted that last week the Board authorized him to hire with the Administrator's approval a local attorney to act as a hearing officer. He has got two attorneys who are competent in his mind and who are willing and Attorney Wayne McDonough, Mrs. Kiser's attorney, has approved both of them, but the County Administrator has problems with this because neither one of these attorneys is a labor expert. While he appreciates the Administrator's feelings, Attorney Vitunac stated that his recommendation would be that we hire someone with labor experience if this matter goes to a full fledged hearing, but he would recommend that we first have a local hearing before the attorneys just to see if we should spend the thousands of dollars to go to a full fledged hearing. Attorney Vitunac stressed that he needs some direction from the Board because he has the local attorneys ready and had expected to hire them for both those functions, but the Administrator doesn't want either of them to do the full fledged hearing. Administrator Balczun noted that the suggestion of Mr. Polackwich was made to him about 20 minutes ago. He is not familiar with the background of either of the attorneys proposed and would at least like to look into this before making a decision. Chairman Scurlock asked if the desire of the Commission is to go ahead with a local attorney in the first stage or are we looking to go to the National Labor Relations people. Commissioner Eggert did not believe there was any of that feeling in her motion. For the sake of all members of staff and of the County Commission and Mary Kiser herself, she was just trying to find someone as objective as possible because this has gone on so long that there is a lot of misinformation out there and a lot of confusion and conflicts of opinion as to what is legal and what is not. She, therefore, thought we should go out AUG 1 40 Boos F10E•�91 � � r locally and find a hearing officer who could step away from all of it and say what his opinion is. Commissioner Bird asked what the next step would be accord - Ing to our personnel policy and procedures, and Commissioner Eggert noted that Mr. Balczun was going to do the hearing, but he is in a way a witness; therefore, it seemed to her that if we had a designee who was not in any way involved, we could get something that might be satisfactory to everyone. Commissioner Bird noted that Mrs. Kiser is then entitled to a hearing before the Administrator prior to final hearing which would be before this Board, and Attorney Vitunac pointed out that it is Mr. Balczun's designee and it is really up to Mr. Balczun to approve this designee for it to be his hearing. It does not have to be a person totally divorced from Indian River County or even with knowledge of the case. In this case he is taking himself out because of his unique involvement with it. Normally it would be he. Commissioner Bird felt then the Administrator needs to be involved in the process as to who his designee is. He commented that he made a suggestion to the Administrator about the possibility of using a retired local judge for the hearing officer - possibly Judge D.C.Smith. Chairman Scurlock stated that as he read the desire of the Commission, it was to get someone independent who is not so close to this situation or involved just to look at the documentation we have at this point and act as a buffer and make some sort of recommendation. He noted that going to the National Labor Relations people is a lengthy process, and personally he would like this to be handled in a more timely fashion, if possible. Commissioner Bird agreed that he would hate to delay this another week; we have an employee out there suspended with pay as he understood it, and he would like to get this matter resolved and move on. - L- 41 BOOK 73 F.�CE 392AUG 9 19 The Chairman understood that Attorney Vitunac contacted Mr. McDonough and he has provided a list of attorneys, two of which are agreeable to act as hearing officers- Alan Polackwich and Ken Hendricks - but they are not necessarily agreeable to Mr. Balczun. Commissioner Eggert agreed that the Administrator needs to look at these suggestions, but expressed her hope that we would -_ proceed at all speed with some local person. Chairman Scurlock believed that the Board has indicated that we are not looking at this time to go outside, and Commissioner Eggert confirmed that was what her motion was. The Chairman felt that now has been clarified and asked staff, if the two attorneys suggested are unsatisfactory to Mr. Balczun,to get a list of some additional ones and run it by both parties so a selection can be made. That doesn't have to come back to the Board. Commissioner Bird felt that Administrator Balczun, Attorney Vitunac and Attorney McDonough should coordinate on this, and when they agree on it, get on with it. BUDGET AMENDMENT #052 - ATTORNEY'S OFFICE County Attorney Vitunac reviewed the following memo: TO: Members of the Board of County Commissioners DATE: August 3, 1988 SUBJECT: ATTORNEY OFFICE — CET �E3JT 052 THROUGH:le ituna County Attorney FROM: Joseph A. Baird OMB Director DESCRIPTION OF CONDITIONS The Attorney's Office would like to increase one of the Assistant County Attorney's salary to make it compatible with the current salary market conditions. The adjustment will raise the salary from $28,250.30 to $33,000.00 annually. 42 AUG BOOK 73 P.SE 393 ANALYSIS If the salary was to go into affect for the pay period beginning August 5, 1988 the financial impact for the 1987/88 FY would be: Salary Present Salary $1,086.55 x 4 = $4,346.20 Proposed Salary $1,269.00 x 4 = $5,076.92 $ 730.72 Salary and Benefit -Increase Exact Budget Regular Salaries ($730.72 x 1) $730.72 $731.00 Social Security ($730.72 x .0751) $ 54.88 $ 55.00 - Florida Retirement ($730.72 x .1338) $ 97.77 $ 98.00` Worker's Comp. ($730.72 x .0053) $ 3.88 $ 4.00 Life Insurance (4 x .56 x 2) 4.48 5.00 $891.73 $893.00 FUNDING A budget amendment from the General Fund contingency of $893.00. The General Fund. contingency had a balance of $197,337.00 as of July 28, 1988 general ledger. REION Staff recommends approval. Attorney Vitunac advised that this is his salary review of the lowest paid attorney in his office to bring it up to market standards, and this would bring Attorney Brennan into the low level of her proper salary range. In discussion it was confirmed that the proposed budget amendment of $893.00 would be the total amount needed to adjust her salary for the balance of the current fiscal year. ON MOTION by Commissioner Wheeler, SECONDED by Com- missioner Eggert, the Board unanimously approved Budget Amendment #052 making the salary adjustment as recommended by staff. 43 cin U C � BOOK b / 3 E_ 94 TO: Members of the Board SUBJECT: BUDGET AMENDMENT of County Commissioners THROUGH: Joseph A. Baird NUMBER: 052 OMB Director DATE: August 3. 1988 Entry Number Funds De artment Account Name Account Number Increase Decrease GENERAL FUND 1. Attorney/Recrular Sala 001-102-514-011.12 9 731.00 0 Attorney/Social Security 001-102-514-012.11 55.00 0 Attorney/Retirement Contrib. 001-102-514-012.12 98.00 9 0 ttorne Insurance-Life&Health 001-102-514-012.13 4.00 0 Attorney/Worker's Compensation 001-102-514-012.14 S 5.00 9 0 Reserve Attorne for Contingency 001-199-581-099.91 0 S 893.00 Chairman Scurlock inquired about the status of the salary survey and whether recommendation from staff will be presented on August 23rd. Administrator Balczun advised that staff is working towards that date; they are a bit shorthanded but will hopefully make it on the 23rd. BUDGET AMENDMENT #053 - MISCELLANEOUS OMB Director Baird reviewed the following: TO: Members of the Board of County Commissioners DATE: August 3, 1988 SUBJECT: BUDGET AMENDMENT 053 FROM: Joseph A. Baird OMB Director DESCRIPTION OF CONDITIONS Below.is an explanation of the attached budget amendment: 1. Other Debt Service Costs need to be increased by $2,000 to pay Paying and Registration Fees on the "Refunding and Improvement Bond Issue".. There is sufficient interest revenue to offset the costs. AUG 0 198844 Boa Fac 9 2. A budget for Route 60 Water Assessment was never adopted for 1987/88 by the Board of County Commissioners. The attached appropriates the funds. 3. A budget for Route 60 Sewer Assessment was never adopted for 1987/88 by the Board of County Commissioners. The attached appropriates the funds. RECONIlENDATION Staff recommends approval of the attached budget amendment. Director Baird explained that all three items concern Indian River County's debt service funds. No. 1 is for the refunding bonds and is a $2,000 budget amendment to pay for the registra- tion and paying agent fees. No. 2 is to budget for Route 60 water assessment. We didn't budget at the beginning of the year because we were in the midst of refinancing. Now we have got it refinanced and have accurate figures as to what it will cost for this current fiscal year. No. 3 is the same for Route 60 sewer. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Bird, the Board unanimously approved Budget Amendment #053 as recommended by the OMB Director. 45 BOOK 73 PACE 396 TO: Members of the Board of County Commissioners THROUGH: Joseph A. Baird OMB Director SUBJECT: BUDGET AMENDMENT NUMBER: 053 DATE: August 3, 1988 Entry Number Funds De artment Account Name Account Number Increase Decrease 1. Refund and Improvement Bonds Revenue: Interest - Investments 204-000-361-010.00 2,000 0 E ense: Other Debt Service Costs 204-117-513-077.31 2,000 0 2. Rt. 60 Sewer Assessment Revenues: Interest - Investments 206-000-361-010.00 30,000 0 Interest - Assessments 206-000-361-011.00 S 400.000 0 Sewer Assessments 206-000-363-020.00 600,000 0 Less 5% Receipts 206-000-389-030.00 S 0 (S51,500) Cash Forward - October 1 206-000-389-040.00 551,500 0 Expenses: Princi al - Debt Service 206-117-513-077.11 900,000 0 Interest - Debt Service 206-117-513-077.21 S 600.000 S 0 Other Debt Service Cost 206-117-513-077.31 30,000 S 0 3. Rt. 60 Water Assessment Revenues: Inte est - Investments 209-000-361-010.00 4,000 0 Interest - Assessments 209-000-361-011.00 90,000 0. Water - Assessments 209-000-363-030.00 S 170,000 0 Less 5% Recei is 209-000-389-030.00 0 (S13.200) Cash Forward - October 1 209-000-389-040.00 S 249,200 0 Expenses: Princi al - Debt Service 209-117-513-077.11 200,000 0 I terest - Debt Service 209-117-513-077.21 290,000 0 Other Debt Service Use 209-117-513-077.31 10,000 0 Explanation: See attached agenda item. Budget Amendment: 053 Page 1 of 1 AUG 9 1988 46 BooK 73 DGE397 L- DISCUSSION RE COUNTY ADMINISTRATOR'S CONTRACT Chairman Scurlock advised that Commissioner Wheeler had asked that a discussion of the Administrator's contract be placed on the agenda under his items. Commissioner Wheeler did not know that he needs to go into a lot of explanation; there has certainly been enough of that this week. He stated that he discussed this with the Administrator last week. Commissioner Wheeler continued that he has lost the confidence that he feels he needs to work with Mr. Balczun and that is in no way to be intended or construed as a personal attack on Mr. Balczun. He stated that he can say many positive things about Mr. Balczun, and he would like to see this thing brought to a conclusion one way or the other as soon as possible. He felt it is only fair to Mr. Balczun, the Commission and the staff, that we solve this problem and get on with business, and he would, therefore, like to ask that we exercise our option under the contract to give Mr. Balczun his 90 days' notice and advertise for another Administrator. MOTION WAS MADE by Commissioner Wheeler, SECONDED by Commissioner Eggert, that the Board exercise their option under the contract; give Administrator Balczun 90 day's notice; and advertise for another Administrator. Commissioner Eggert stated that she seconded the Motion very reluctantly. She continued that she has talked with Mr. Balczun a number of times. She sat down and made lists of pros and cons and where we were and what we have accomplished and what can't be changed and what can be changed. She has worked extremely well with Mr. Balczun as far as the library's construction projects are concerned, his request for proposal, and things like that. On a one to one basis, it has been a marvelous relationship; she finds him to be extremely honest; she finds him to be very intelligent and very nice to be around. However, she is very 47 BOOK 7F�1GC 398AUG 9 1999 frustrated, and where she sees the problem to be is in the question of management methods or techniques, time tables versus the needs of the county, the county staff and the Board of County Commissioners. Commissioner Eggert stated that she felt like we have reached an impasse. A lot of people are at fault, but she felt that for the Administrator's sake, our sake and staff's sake, and for the sake of getting some of the things completed that we need to get completed - she talked to him and he knew what conclusion she came to - she asked him if he would be willing to resign and apparently he is not. Therefore, that is why she is seconding the Motion. Commissioner Bird asked that County Attorney Vitunac refresh his memory about Mr. Balczun's contract as far as what effect the Motion has financially on the county. Attorney Vitunac advised that the county has a rolling 90 day notice employment contract with its Administrator which says that at any given day the County can terminate the contract by giving 90 days' notice. What that means is that the Administra- tor has the right to work for 90 days and get paid for it, at which time the termination provisions come into effect on the compensation package which the Board bargained for 2 or 3 years ago. It says one month severance pay plus one day a month for every month the Administrator has worked, plus any accrued and unused vacation time. So, if you give 90 day's notice, and the Administrator works 90 days, he would at the end of the 90 days get a check for one month plus the one day per month plus any vacation time. If he resigns immediately, he gets paid to the date of resignation with no severance pay. Those are the two options. Commissioner Bowman stated that for the information of the public, she would like the County Attorney to specify exactly what the contract says about cause. She believed he told her that we can terminate the contract with 90 day's notice without cause. Is that correct? 48 BOOK 73 ur,E 399 County Attorney Vitunac confirmed that is correct. He interjected that at this time he needs to tell the Board that he just got hand delivered a letter from apparently Mr. Balczun's attorney out of a firm in Orlando to the Chairman. Attorney Vitunac started to read the letter but stopped and asked Administrator Balczun if he had any objections to the letter being read to the Board. Administrator Balczun stated that he had never seen the letter before and frankly had no idea it would be delivered at this time. Attorney Vitunac asked if he would like to read it first, and Mr. Balczun noted that it was delivered to Attorney Vltunac and addressed to the Chairman and perhaps Attorney Vitunac should read it, but he would like to look at it first. (The letter was passed to him - he scanned it and said to Attorney Vitunac that he should certainly read it.) Attorney Vitunac read aloud the first paragraphs of the following letter from Smathers, Pleus, Adams, Fassett & Divine, Attorneys for Administrator Balczun: 49 Boa 70 r L 400 RICHARD H. ADAMS. JR. ROBERT W. ANTHONY RICHARD D. CONNOR, JR. THOMAS W. DICKSON RUSSELL W. DIVINE THEODORE D. ESTES KELTON M. FARRIS LADD H. FASSETT KURT E. GROSMAN SMATHERS, PLELTS, ADAMS, FASSETT & DIvi PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW 940 HIGHLAND AVENUE POST OFFICE BOX 3627 ORLANDO, FLORIDA 32802 (407) 422 • 8116 TELECOPIER (407) 648-1044 August 5, ,1988 Mr. Don C. Scurlock, Jr., Chairman Board of County Commissioners of Indian River County FEDERAL EXPRESS 1840 25th Street Vero Beach, FL 32960 Dear Chairman Scurlock: This firm represents Charles P. Bai.czun. JR. ROBERT J. PLEUS. JR. JAIMIE A. ROSS BENJAMIN F. SMATHERS DOUGLAS C. SPEARS JOYCE R. ADAMS It is Mr. Balczun's understanding that there is some discussion that Indian River County is going to wrongfully and improperly terminate his employment agreement. Under the terms of his employment agreement, notice to terminate the agreement must have been given to Mr. Balczun not less than 180 days prior to September 30, 1988. Since no notice was given -to Mr. Balczun within this period of time, the contract has automatically be extended for an additional one year period. It is my understanding that in February, 1988, the County Commission discussed the possibility of attempting to amend the notice provisions in Mr. Balczun's employment agreement. However, such an amendment was never executed or agreed to by Mr. Balczun. Further, there was no consideration offered for such an amendment. Mr. Balczun has requested that all negotiations concerning his employment occur directly through this firm. Accordingly, he will not enter into direct discussions with you or other representatives of the County on this issue except through this firm. If you have any questions regarding Mz. Balczun's position or legal interpretation concerning this employment agreement, please do not hesitate to contact me. I am sending a copy of this letter to Charles P. Vitunac, a County attorney, so that he will be fully advised as to our client's position. Sincerely, Ni' Ladd H. Fasse LHF:jae cc: Mr. Charles P. Vitunac r Attorney Vitunac noted that, in other words, Mr. Balczun is challenging the validity of the amendment that the county negotiated back in March. Commissioner Eggert stated that he (Mr. Balczun) signed that agreement. 50 DooK 73 rml-I 401 Chairman Scurlock noted that at the time it was placed on the agenda to modify the contract, we had two options and that was either to continue on or modify the contract. It was a number of Commissioner's intent at that point that there was some dissatisfaction with the situation here with the Administrator, and at that meeting, he felt the Commission made it very clear there was a possibility of exercising that provision if, in fact, a new contract was not negotiated with the 90 day (provision) at that time, and that was the action the Board took at that time. At that time also the contract was delivered to Mr. Balczun, and he signed and I signed it. It was returned to me and sat on my desk. Attorney Vitunac then read the remainder of the letter from Mr. Balczun's attorneys, which stated such an amendment was never executed or agreed to by Mr. Balczun. Commissioner Bird asked how they can state that the amendment was never executed if it was executed. He guessed you can state anything you want; it may not be true. Attorney Vitunac clarified that the county proposed an amendment which was agreed to at this podium at a public meeting. Mr. Balczun delayed in signing his version of it. It got down to a deadline - if we didn't have a signed agreement by the end of March, 1988, he believed, the Administrator's original contract would roll over for another year. It was discussed that if we didn't get that signed contract back, we would call another meeting and have to invoke our rights under the original contract. Mr. Balczun then signed the agreement, and it went to the Chairman for signature. (The Chairman interjected that he signed it) and Attorney Vitunac continued that somebody lost the contract; it has disappeared; no one has it. The Chairman told somebody to go back and get another one signed from Mr. Balczun. Mr. Balczun said he was busy at the moment, to leave it on his desk, and it was never seen again and we do not have a signed AUG 9 1988 51 BOOK 73 PnE 402 contract. Attorney Vitunac advised that he discovered that.a week ago. Attorney Vitunac stated that he would like to ask Mr. Balczun at this point if he ever signed the first amended contract. Administrator Balczun informed the Board that his legal counsel advises him that in his absence, he should refrain from commenting on this matter. He does not have legal counsel present this morning, and the only comment he can make on this matter generally is to suggest that the action contemplated and the Motion made and seconded is considered by both his legal counsel and himself not only to be incorrect but to be wrongful. He declined any further comment on the matter. Attorney Vitunac recommended the Board proceed on the assumption that we had a contract although it was lost. We have live testimony that they have seen Mr. Balczun's signature on it; discussion of the contract is in the Minutes; and we have a tape of the meeting. Mr. Scurlock says he signed it, and there was no delivery of that contract back to Mr. Balczun as far as we know. Chairman Scurlock commented that his office has been broken into on at least three occasions. Commissioner Eggert stated that a week ago Monday Mr. Balczun stated to her that he reviewed the contracts, and she assumed that he had both of them and that he was recognizing more than one contract. So, she doesn't know how to feel about this situation. Commissioner Wheeler also noted we have the Minutes and the tape of the meeting where we discussed that contract. We had considerable discussion about it, and it was agreed to at that meeting by this Board. Commissioner Bird asked when we discovered we did not have a signed contract that was supposed to be executed back in March. 52 BOOK Id t 403 Attorney Vitunac stated that he discovered it about a week ago because he was told that, yes, he (Mr. Balczun) had signed the contract and it had been delivered to the Chairman; other- wise, we would have called a Special Meeting of the Board to force the issue one way or the other. Chairman Scurlock believed that issue, since Mr. Balczun is reserving comment, will be a matter for, if we get to that point, litigation and a suit. He personally believed there are a number of individuals who will swear that they saw that document. He personally will swear that he signed it; that it was signed by Mr. Balczun; and his secretary's history of it then appearing missing the next day; the reattempt to have it signed again; and at that point he did not know what did or did not happen. He believed that is a legal issue. Commissioner Wheeler noted that as a lay person sitting here, he has a little problem, too. This isn't a court of law - and for someone not to state simply whether they signed a contract or not. This isn't a murder trial - you either signed the document or you didn't. Commissioner Bird noted that if the contract wasn't signed, he would think someone should have followed through. Chairman Scurlock advised that we did. He directed Commission secretary Alice White, once it became missing, to follow up on it, and she delivered a new document to Mr. Balczun through his secretary, Margaret Gunter, with the specification that it needed to be signed, and basically he refused to sign it. Commissioner Bird asked how long ago that was. The Chairman did not know exactly, but Attorney Vitunac noted that had to be before April 1st' because that was the critical date, and if someone had told us that he hadn't signed again because we lost the first one, we would have had a Special Call meeting and given him notice under the original contract or have him sign the amendment. 53 Boor 73 F,a;E 404 U G 9 1998 L_ r Commissioner Bird noted that was back in April, and this is now August. It should have come to a head right then and come back to the Board if there was any question. Commissioner Eggert believed there was a communication problem. The Chairman felt there is no question about that. Commissioner Bird continued that it is really tough finding ourselves in this position as often as we have. In talking with Mr. Balczun (Charlie) and staff and trying to make up his mind, he stated that he is a lot like Commissioner Eggert - there are a lot of pros and cons. The dealings he personally has had with Mr. Balczun on the projects they have worked on, he has no complaints. There was sufficient follow-through and leadership to accomplish the projects he was involved in. Commissioner Bird felt we need to send a message throughout our county employees in the various department, etc., whether it be the Administrator or someone cleaning ditches in Road & Bridge, that if we have a problem with them or their superiors have a problem with that individual, that person will be properly consulted with and given opportunities to make corrections to a reasonable degree before the final act, which is termination, and that is kind of where he is with the Administrator. Commissioner Bird commented that he did not have a clear conscience that we have perhaps consulted with the Administrator as much as we could have on an individual basis or as a Commis- sion to try to allow him to make corrections in his leadership style, or approach or lack of it, prior to taking the final action of termination. He would prefer some type of probation- ary period to allow him to correct his style of leadership or abilities, if that is what we feel is lacking. However, he is not sure that can be accomplished (and he talked with the Administrator again this morning) because of the relationship or lack of relationship that seems to exist between him and the other department heads and other Commissioners. Commissioner 54 BOOK FN�JE 405 AUG 9 1988 Bird was not sure time will take care of that, and was not sure any change in his leadership style and ability can repair the apparent damage that seems to exist in that relationship between him and the Commission and staff. Commissioner Bird advised that he would vote for the Motion on termination with 90 days' notice with the understanding that we have a lot of projects going right now that the Administrator is very much involved in, and he would like to see the next 90 days used very productively on his part on behalf of the county, and hopefully in that 90 days we find a replacement administrator and have a very smooth transition between Charlie (Mr. Balczun) leaving and a new administrator coming on board and that it be a very inexpensive transition to the taxpayers of this county. Commissioner Eggert wished to make one statement. She noted that there has been a lot recently in the newspapers about problems, but she does have a clear conscience about talking with Mr. Balczun about problems that she felt have been going on a good year, and she pointed out problems, some of which have been resolved and some which she felt are more critical in the larger picture have not been resolved. She believed that other Commissioners have done that, too. She personally has had a great deal of conversation with him on specific things through a number of months - through a good year anyway. Commissioner Wheeler stated that he can say the exact same thing. Through the past year specifically, there were some of his projects, and through getting more familiar with the county as a new Commissioner, he has had numerous conversations with Mr. Balczun about his likes and dislikes and reactions, etc. Chairman Scurlock believed when you look back to that April meeting, there was a very clear indication at that time - the purpose of going to 90 days as opposed to continuing on a long term basis - that there were significant problems, and we have had that time since then to take a look at the way we are operating. The Chairman frankly felt a part of the problem is just the way Florida counties operate, Florida law, and the 55 U Q 9" 1988 entire structure of the County Commission and how they do the day to day business, and the Chairman felt that has been a big adjustment, and Charlie (Mr. Balczun) and he talked about it, and he indicated to me that he felt Florida was unique in the 67 counties and how they function. We have a very strong committee assignment type of approach - Commissioner Bird with Recreation - Maggie (Commissioner Bowman) with Transportation - Carolyn (Commissioner Eggert) with Libraries - and Gary (Commissioner Wheeler) with the Jail facilities and myself with Utilities and Finance, and we have relied heavily on that. We have a beautiful golf course built as a big result of Dick working on it, and the library is about to be built and the jail is about to be built and utilities expanded, and he felt that is somewhat unique that Commissioners are involved to that extent. Chairman Scurlock noted that there has been some suggestion that some Commissioners, including himself, have been overly involved. The Chairman did not believe that to be true and certainly did not appreciate some of the comments in the paper today. He stated that he is, in fact, prepared, if that be necessary, to ask his fellow Commissioners if he has ever in- volved himself in their committee assignments and if he has not always referred phone calls directly to the Commissioner respon- sible for those activities. He knows what that answer will be; it will be unanimously that he has never involved himself in their committee assignments and that he has always referred phone calls directly to the Commissioner responsible for those activi- ties. The Chairman continued that when it comes to this Board, every issue that we take that relates to money, relates to the county, is done here with a majority vote, and they have dis- agreed - we have had 5-0 votes; 4-11s; 3-21s; and he felt even on this issue, it has taken a long time for each Commissioner to reach their particular position. Chairman Scurlock stated that he was prepared, if necessary, to receive sworn testimony from each and every division and department head that he has not ever involved himself in the day 56 AUG P 19088 BOOK 73 F,n 407 to day operations of this county - not in the past nor will he in the future. He believed the Commission has a responsibility to take a businesslike approach to government. He believed that is exactly what we have done in the past 8 years, and he believed the goals and the accomplishments we have had speak well for themselves. They are there and in place. We have built buildings and expanded sewer systems, paved roads, and he felt we have done a pretty darn good job in the structure that we have, and he supports that. The Chairman stated that he is proud to serve on the Commission that we have because he respects individually each Commissioner and their individual talents and the contribution each has made to the county and felt this is by far the finest Commission and group of individuals he has ever worked with and he has had some strong disagreements with each of them individually on a particular issue now and then, and he is tired of some of the accusations and insinuations. The Chairman emphasized that we have sat here for a full two years with the County Administrator, and at no time has the Administrator ever brought to the Board a question of interference. In fact, on two occasions he has asked him (Mr. Balczun) that question very clearly. We have had two years, and if he has interfered in any way, and there have been suggestions quite frankly, gentlemen and ladies, that each one of us has interfered in the past - Dick with the golf course, Carolyn with the Library, etc. - and he believed this was unfounded. He has yet to see a specific instance where anyone, including Mr. Balczun, has been told to do this or that. Chairman Scurlock remembered back when we were interviewing the Administrator. He felt Mr. Balczun when he took the job - and he remembers sitting there, and Mr. Pinto, Mr. Vitunac, and the others who were involved sat there - and when we discussed the possibility (because County Administrators do move around, it is not unique; generally their life is about two years), he asked a question: "if, in fact, we come to a parting of the ways and a 57 BOOK .73 F',,�E 408 AUG 1988- . majority of the Commission is unhappy, Mr. Balczun, what is your attitude?" He (Mr. Balczun) said "I don't want to work some place that I am not comfortable and happy with, and 1 certainly would be looking for another job if that occurred." That is what the man said to me, and he said that in front of people. The Chairman continued that he believed we have a good Commission and an excellent staff. He believed Mr. Balczun has tremendous capabilities and qualities and he is a moral person; he has never questioned that. But as to his management style, the particular way counties function, our particular staff, the Chairman stated that the morale, in his opinion, has never been lower, and each Commissioner knows that because each has talked to individual staff members about this problem. The Chairman stated that he feels sorry and he feels sad because it is not enjoyable to come to situations where we have to move on, but it is no different than in any business; you run it like a business and when there is a parting of the ways, you do what you have to Chairman Scurlock noted that you won't find him saying anything negative about Mr. Balczun; he is a professional, and he respects him for that, but he supports the Motion, and if we have to litigate, if that is what it is coming to, so be it. That can be done between the attorneys and in the court, and testimony can be given, and whatever is fair is fair. Whatever the facts prove, they prove, but the Chairman felt we need to be on and about our business. He would hope though, because of the question that comes with this letter and he was assured by Mr. Balczun that if he stayed for 90 days that it would be in an orderly way and not in an unhappy way, he would continue to function and do his job. The Chairman continued that he would just hope that if we are talking potential suit, that doesn't cloud the issue in terms of that happening - 90 days of him continuing to function looking for another job. If it does, and if it gets to an adversary position, then he felt the Commission AUG9 i9� 58 BOOK 73 �., :� 409 needs to reconsider the question of cause or not cause, and reconsider the whole issue in terms of whether we would want him here 90 days under an adversary type situation. Commissioner Eggert expressed her hope that it won't come to that and that we don't get into a position where staff is pulled one way or the other. She felt it is very difficult for them, and there is a lot they need to accomplish at this point and they don't need any extra outside trouble. Commissioner Bowman commented that she would say that to say there has been no interference is not quite true. The Chairman asked if she has a specific, and Commissioner Bowman stated that she did in the case of the salary study, which was commissioned and which was done. She stated that anyone with any experience in personnel knows that a salary study once it is received from the consultant must be fine tuned, and it should have been fine tuned before the receipt of it was ever made public because what we have created, and she finds it up in the north end of the county especially, is a great deal of dissatisfaction with the salary scale, as the job classification and salary scale is now constituted, and because it was announced prematurely, these people are terribly upset. They are saying they got it so many months ago and nothing has happened and they are not going to do anything; they never intend to do anything; and all the rest of it. Commissioner Bowman continued that there is a great deal of feeling in the North County about this, and she felt that until the Administrator and the Personnel Manager had a chance to fine tune that schedule, it should never have been made public. Chairman Scurlock asked if Commissioner Bowman was aware that it was only made public by Mr. Balczun and the staff. They scheduled the workshop and presented it. There was no request from the Board of Commissioners. Commissioner Bowman commented that is not the way she heard it, and Chairman Scurlock stated that then she heard wrong. That 59 BOOK 13 F i r 410 meeting was scheduled by the staff, not by this Board. Commissioner Bowman did not understand why they would have done 1t. Commissioner Eggert understood the consultants were finished and ready to explain what they had done. Commissioner Bowman stated that it should not have been announced publicly. It should have been fine tuned because you know a Secretary Code 1 in one department is not the same as Secretary I in another department. Commissioner Eggert believed that was supposed to be part of the pre-process before the consultants got it. Chairman Scurlock emphasized that the bottom line is that the Commission did not schedule that workshop. In fact, we sat at the workshop and said work on it some more, and they came back to a formal Commission meeting, and we said we are still unhappy; it needs more work. Commissioner Bowman noted the work is still going on, and the Chairman felt that is a good point. Commissioner Eggert noted that it is very difficult - there are a lot of things she wished didn't get out so quickly, but that is the nature of government. if something comes in here, it is public. Commissioner Wheeler recommended that immediately following the meeting, we locate the tape of the meeting where we discussed the 90 day contract, and it was noted that tape is in the possession of the Clerk to the Board. THE CHAIRMAN CALLED FOR THE QUESTION on the Motion to exercise our option under the contract and give Administrator Balczun 90 days' notice. It was voted on and carried 4 to 1 with Commissioner Bowman voting in opposition. 60 AUG 9 1988 Boow 73 F'A;E 411 There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 11:10 o'clock A.M. ATTEST: 61 G Chairman BO3 ;��;E OK / 412