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HomeMy WebLinkAbout1/10/1989Tuesday, January 10, 1989 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, January 10, 1989, at 9:00 o'clock A.M. Present were Gary C. Wheeler, Chairman; Carolyn K. Eggert, Vice Chairman; Richard N. Bird; Margaret C. Bowman; and Don. C. Scurlock, Jr. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, Attorney to the Board of County Commissioners; Joseph Baird, OMB Director; and Virginia Hargreaves, Deputy Clerk. Chairman Wheeler called the meeting to order, and Commis- sioner Eggert led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Wheeler asked that the County grove fruit sales contract be added as Item 10G 1. under Utilities. Commissioner Scurlock wished to add a report on the Finance Advisory Committee under his matters. County Attorney Vitunac requested the addition of the following: 11 C. Matters to be presented to Legislative Delegation 11 D. Memo re County victory in the Farber court case. 11 E. Rough draft of Ordinance for Sales Tax. ON MOTION by Commissioner Bird, SECONDED by Commis- sioner Scurlock, the Board unanimously approved the addition of the above described items to the Agenda. Kor 75 F. E 5'3 JAN 10 1989 Pr— IJAN 10 1999 Bog 75 Du. 534 PROCLAMATION HONORING "BILL" COLLINS Chairman Wheeler read aloud the following Proclamation honoring Attorney William Collins for his accomplishments while serving as Acting County Administrator: PROCLAMATION WHEREAS, ,on'August 10, 1988, WILLIAM G. COLLINS II, affectionately known as "Bill", was appointed by a unanimous vote of the Board of County Commissioners to be the Acting County Administrator; and WHEREAS, Bill Collins accepted the challenge and. divided his time and duties between the County Attorney's Office and.,the.Cbunty Administrator's Office, and WHEREAS, since Bill Collins saw himself first as an attorney rather than an administrator, his first order of business was to •initiate a search for a permanent administrator; .and WHEREAS,' Bill -'Collins saw his priorities as follows: • 1. Ongoing litigation in the Attorney's Office 2. Administrator of County government 3..:'.Other.staff and departmental support work in the Attorney's Office; and WHEREAS; Bill'Collins upon deeper involvement in the duties of Administrator, determined that it would take more time than originally anticipated and he rearranged his prioritieai and WHEREAS, Ca few.of Bill Collins' major accomplishments were finalizing'.and implementing a long overdue Wage and Salary Classification plan and immediately the morale of our County personnel•`,soared; 'he handled and settled pending complicated personnel problems; he successfully defended the County in"several-court cases, he handled the :.everyday county operation;.With speed and efficiency; NOW;THEREFORE,1BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS Ot;+t�INDIAN RIVER COUNTY, FLORIDA,' that the Board •expresses•�`deep appreciation and gratitude for the service he has" performed on behalf of Indian River., County and looks'forward'to Bill.Collins'•.long, and fruitful ,j, future in ,the AttorneyLe Office.. Dated.this'10th".day sof January.,'1989 2 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTYp•FLORIDA. BY: A rfjt . Wheeler,. Chairman . Attorney Collins expressed his thanks for the opportunity and his appreciation of the assistance and support he received from everyone. INTRODUCTION OF NEW ADMINISTRATOR Chairman Wheeler formally introduced new County Administra- tor James Chandler, who expressed his pleasure at being given the opportunity to work for Indian River. County and his appreciation of the help Mr. Collins has given him already. CONSENT AGENDA Assistant County Attorney Collins asked that Item B be removed for discussion. A. Approval of Bond for G. Julius Rice, Hospital Trustee JAN 10 1589 ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Eggert, the Board unanimously approved the Bond for G. Julius Rice, Trustee of the Indian River County Hospital District, and authorized the signature of ail Board members. 3 BOOK .75 PAGE 53 � Pr— JAN 10 1989 BOND STATE OF FLORIDA #8233140 County of INDIAN RIVER KNOW ALL MEN BY THESE PRESENTS, That We, G. JULIUS RICE as principal, and : CINCINNATI INSURANCE CO. as surety, are held and firmly bound unto the Governor of the State of Florida, and his successors in office, in the sum of Five Thousand ($5000.00) Dollars, lawful money, for the payment whereof, well and truly to be made, we do bind ourselves, our and each of our heirs, executors and administrators, jointly and severally, firmly by these presents. LOOK 75 F'AGE 5 6 Sealed with our seals, and dated this 21s t day of December , A.D., 1988 The condition of the above obligation is such, That, whereas, the above bounden G. JULIUS RICE was, on the 8th day of November, A.D., 19 88 .elected Trustee of the Indian River County Hospital District to hold his office for a term of four years beginning on the First Tuesday after the First Monday in January following the above election date, and until his successor is qualified according to the Constitution end laws of this State. NOW, THEREFORE, if the said G. JULIUS RICE shall faithfully perform the duties of his said office as provided by law, then this obligation to be void, else to be and remain in full force and virtue. Signed, sealed and delivered in presence of Witness MI5 Bond approved /' (date) Bond approved (date)' , (Attorney -in -Fact Sign Here) (SEAL) Chairman o Board of County Commissioners. COI t mmissioners. 4 Comptroller of Florida B. Assessment for Abatement of Public Nuisance (Est. Nelda Pinto) The Board reviewed memo of Code Enforcement Officer Heath: TO: William G. Collins II Acting County Administrator DIVISION HEAD CONCURRENCE: 1,2 /l - Robert M. Keat ng CP Community Develop nt Director THROUGH: Roland M. DeBlois 'sM) Chief Environmental/Planning FROM: Charles W. Heathe J.1/ Code Enforcement Officer DATE: December 09, 1988 SUBJECT: ESTATE OF NELDA PINTO, DECEASED; PUBLIC NUISANCE: ASSESSMENT FOR ABATEMENT RE: CASE NO. 88-12-740 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regularmeeting of January 10, 1989. DESCRIPTION AND CONDITIONS: On September 27, 1988, code enforcement staff posted a Notice of Public Nuisance, and advertised in the Vero Beach Press -Journal for two (2) consecutive weeks, concerning the illegal presence of trash, debris, and weeds and grasses in excess of eighteen (18) inches in height, on property in Yorkshire Subdivision. The Respondent was cited for an accumulation of trash and debris, and the presence of weeds and grasses in excess of eighteen inches in height, in violation of Sections 13-18(a)(1) and 13-18(b)(1), Public Nuisance', of the Code of Laws and Ordinances. The nuisance violation was not remedied within the thirty (30) day time period. Therefore, in accordance with Section 13-19(b), of the County Code, County personnel (ie: County Road -and Bridge Division) were directed by the County Administrator to abate the nuisance, with the cost to be assessed against the property owner's estate. Section 13-21 of the County Code requires that the cost of abate- ment for the removal of the unserviceable vehicle, vehicle parts, household garbage, junk, trash, discarded building materials, and debris shall be calculated and reported to the County Commissioners, who, by resolution, shall assess such costs against the subject property. This matter is presented herein to the Board for consideration to adopt said resolution. ALTERNATIVES AND ANALYSIS: Section 13-21 (a), Public Nuisance, of the Code of Laws and Ordi- nances of Indian River County specifically reads as follows: "After abatement of nuisance by the county, the cost thereof to the county as to each lot, parcel tract of land shall be calculated and reported to the board of county commissioners. JAN 10 1989 5 BOOK 75 FAbL S3 f Pr - JAN 101999 BOOK 75 ME 538 Thereupon, the board of county commissioners, by resolution, shall assess such costs against such lot, parcel or tract of land. Such resolution shall describe the land and state the cost of abatement, which shall include an administrative cost of seventy-five dollars ($75.00) per lot. Such assessment shall be a legal, valid and binding obligation upon the property against which made until paid. The assessment shall be due and payable thirty (30) days after the mailing of notice of assessment after which inter- est shall accrue at the rate of twelve (12) per cent per annum on any unpaid portion thereof." Cost for equipment use, labor, and landfill dumping fees, as in- dicated by the County Road •& Bridge Division, plus the $75.00 administrative cost,calculates to be: Equipment use: Labor: Landfill Charges: Miscellaneous: Administrative fee: TOTAL: $ 408.00 $ 433.68 $ 157.29 $ 96.00 $ 75.00 $1,169.97 RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt the resolution assessing $1,169.97 in abatement costs, in accordance with Section 13-21(a), of the Indian River County Code of Laws and Ordinances. Attorney Collins informed the Board that Nelda Pinto died in a fire over a year ago. The County went in there and did some demolition work on the fire destroyed structure and attempted to notify the heirs, but since then the lot has become overgrown with weeds, and we have had to go back in and maintain the property. Attorney Collins could see this as an on-going maintenance problem, and he would like to be authorized to explore foreclosing the liens we already have against this property and hopefully later sell the property to a private person who will maintain the property. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Eggert, the Board unanimously authorized Attorney Collins to proceed as recommended above. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Scurlock, the Board unanimously adopted Resolution 89-5 assessing the costs of County weed abatement and trash removal against Lots 4, 5 & 6, Yorkshire Subdivision (Estate of Nelda Pinto). 6 RESOLUTION NO. 89-5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ASSESSING COSTS OF COUNTY ABATEMENT BY MOWING WEEDS AND GRASSES, AND REMOVING TRASH AND DEBRIS FROM THE RESUB OF LOTS 4, 5, & 6, YORKSHIRE SUBDIVISION, PLAT BOOK 8, PAGE 77, PARCEL 16, SUCH ASSESSMENT BEING A BINDING OBLIGATION UPON THE PROPERTY UNTIL PAID. WHEREAS, the Board of County Commissioners of Indian River County has determined that the regulation of the accumulation of garbage, junk, trash, and debris is in the public interest and necessary for the health, safety and welfare of the citizens of Indian River County; and WHEREAS, Indian River County Ordinances No. 87-33, "Public Nuisance," defines as a public nuisance, weeds and grasses in excess of eighteen (18) inches in height, and the accumulation of trash an debris; and WHEREAS, the presence of weeds and grasses in excess of eighteen inches in height, and an accumulation of trash and debris existed on property owned by the Estate of Nelda Pinto, Deceased, such property having a legal description as follows: Resub of Lots 4, 5, & 6, Yorkshire Subdivision, Parcel 16, according to the plat thereof as recorded in Plat Book 8, Page 77, of the Public Records of Indian River County, Florida; and WHEREAS, the Board of County Commissioners of Indian River County has determined that landowners are responsible for abating public nuisance existing on their property; and WHEREAS, a Notice of Public Nuisance calling for the abate- ment of the described nuisance was sent to the owner (s) by certified mail, and notice was posted on the subject property for 30 days, in accordance with Section 13-23," serving of notice, " of the County Public Nuisance Ordinance; and WHEREAS, the landowners or the subject property failed to abate the described nuisance within 30 days of the posted and advertised newspaper notices that were printed- on two (2) consecutive weeks, and WHEREAS, Section 13-19(b) of the County Public Nuisance Ordinance (No. 87-33) authorizes the County Administrator to direct County personnel to abate a public nuisance if the nuisance is not abated by the landowner within 30 days notice; and WHEREAS, the County Administrator has authorized County personnel to abate the described nuisance; and WHEREAS, the County Road and Bridge Division has, as of December 05, 1988, abated the herein described high grass and weeds, andaccumulation of trash and debris; and WHEREAS, Section 13-21(a) of the County Public Nuisance Ordinance provides that after abatement of a nuisance by the County, the cost thereof shall be calculated and reported to the Board of County Commissioners; thereupon, the Board, by resolu- tion, shall assess such costs against the subject property, such costs to include an administrative fee of seventy-five dollars ($75.00) per lot; and WHEREAS, the total cost of equipment use, labor, and adminis- trative fee for County abatement of the herein described nuisance is determined to be one thousand one hundred sixty-nine dollars and ninety-seven cents ($1,169.97); and 7 JAN l e 1J89 BOOK .75 PA E 539 ,JAN 10 ib89 BOOK FACE 540 WHEREAS, Section 13-21(c) of the County Public Nuisance Ordinance provides that the assessment shall be due and payable thirty (30) days after the mailing of a notice of assessment, whereby if the owner fails to pay assessed costs within the thirty (30) days a certified copy of the assessment shall be recorded in the official record books of the County, constituting a lien against the property, subject to twelve (12) percent per annum interest; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1) The foregoing recitals are adopted and ratified in their entirety. 2) The costs of County abatement of the herein described accumu- lation of trash and debris, and the mowing of weeds and grasses in excess of eighteen (18) inches in height, totaling an amount of $1,169.97, is hereby assessed against Parcel 16, a Resub of Lots 4, 5, & 6, Yorkshire Subdivision, presently owned by the Estate of Nelda Pinto, Deceased, whose last address was 920 20th Avenue, Vero Beach, Florida 32960. 3) The $1,169.97 assessment shall be due and payable to the Board of County Commissioners thirty (3)) days after the advertising in the Vero Beach Press -Journal a notice to all interested parties for a period of two (2) consecutive weeks, after which, if unpaid, a certified copy of the assessment shall be recorded in the Official Record Books of the County, constituting alien against the described property, subject to twelve (12) percent per annum interest. THIS RESOLUTION was moved for adoption by Commissioner Eggert seconded by Commissioner Scurlock adopted on the 10th day or January following passed ATTEST: vote: Commissioner Commissioner Commissioner Commissioner Commissioner Don C. Scurlock, Jr. Gary Wheeler Margaret Bowman Richard Bird Carolyn Eggert , and , 1989, by the Aye Aye Aye Aye Aye The Chairman thereupon declared the and adopted this resolution 10th day of January duly BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Wheeler Chairman Approved as to fora and Legal S iciency By Sharon Phillips Brennan Asst county Aitornsy 8 , 1989 C. Assessment for Abatement of Public Nuisance (John & Sonia Kim) The Board reviewed memo of Code Enforcement Officer Heath: TO: William G. Collins, II Acting County Administrator DIVISION HEAD CONCURRENCE: Robert M. Keat Community Develop CP nt Director THROUGH: Roland M.`DeBloisVb Staff Environmental Planner FROM: Charles W. Heathe.w/ Code Enforcement Officer DATE December 12, 1988 SUBJECT: JOHN & SONIA KIN PUBLIC NUISANCE; ASSESSMENT FOR ABATEMENT FOR ABATEMENT OF NUISANCE RE: CV -87-10-432 It is requested that the data presented herein be given formal consideration by the Board of County Commissioners at their regular meeting of January 10, 1989. DESCRIPTION AND CONDITIONS: On June 23, 1988, code enforcement staff sent a Notice of Public Nuisance to John & Sonia Kim, concerning the overgrown weed condition of their property in Vero Shores Subdivision. The respondents were cited as maintaining their property in violation of Section 13-18(a)(1) of the County Code, which prohibits the accumulation of weeds in excess of 18 inches in height within a platted, recorded subdivision (where the lots are at a minimum of► 50% developed). The subject property was also posted as set forth in Section 13-23 of the County Code, giving the Respondents thirty (30) days to abate the weed nuisance. The weed violation was not abated within the required thirty (30) day time period. Therefore, in accordance with Section 13-19(b), County Code, the County Administrator -directed County Personnel (ie: Road & Bridge Division) to abate the weed violation, with costs to be assessed against the property. owners. Section 13-21 of the County Code requires that the cost of a County weed nuisance abatement shall be calculated and reported to The County Commissioners, who, by resolution, shall assess such costs against the subject property. This matter is presented herein to the Board for consideration to adopt said resolution. ATERNATIVES AND ANALYSIS: Section 13-21(a), Public Nuisances, of the Code of Laws and Ordinances of Indian River County specifically reads as follows: "After abatement of nuisance by the county, the cost thereof to the county as to each lot, parcel or tract of land shall be calculated and reported to the board of county commiss- 9 'JAN 10 1989 BOOK 75 PALE 541 Pr- JAN1O BOOKb FAuE 044, ioners. Thereupon, the board of county commissioners, by resolution, shall assess such costs against such lot, parcel or tract of land. Such resolution shall describe the land and state the cost of abatement, which shall include an administrative cost of seventy-five dollars ($75.00) per lot. Such assessment shall be a legal, valid and binding obligation upon the property against which made until paid. The assessment shall be due and payable thirty (30) days after the mailing of notice of assessment after which inter- est shall accrue at the rate of twelve (12) per cent per annum on any unpaid portion thereof." Cost for equipment use and labor, as indicated by the Road & Bridge Division, plus the $75.00 administrative cost calculates to be: Labor: 2 hours @-$10.00/hour $20.00 Equipment : 2 hours @ $30.00/hour $60.00 Administrative Fee: $75.00 TOTAL: $155.00 RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the proposed resolution assessing $155.00 in abatement costs, in accordance with Section 13-21(a), of the Indian River County Code of Laws and Ordinances. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Eggert, the Board unanimously adopted Resolution 89-6 assessing costs of weed nuisance abatement on Lot 15, Block 9, Vero Shores Subdivi- sion Unit 1 (John & Sonia Kim) RESOLUTION NO. 89-6 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ASSESSING COSTS OF COUNTY WEED NUISANCE ABATEMENT ON LOT 15, BLOCK 9, OF VERO SHORES SUBDIVISION UNIT 1; SUCH ASSESSMENT BEING A BINDING OBLIGATION UPON THE PROPERTY UNTIL PAID.. WHEREAS, the Board of County Commissioners of Indian River County has determined that the regulation of the accumu- lation of weeds is in the public interest and necessary for the health, safety and welfare of the citizens of Indian River County; and WHEREAS, Indian River County Ordinances No. 87-33, "Public Nuisances," defines as a public nuisance weeds in excess of 18 inches in height on a lot contiguous to a residential structure and within a platted residential subdivision where the platted lots are at a.minimum of 50% developed; and WHEREAS, weeds in excess of 18 inches in height existed on property owned by John and Sonia Kim, such property having a legal description as follows: Vero Shores Subdivision, Unit 1, PBI 5-52, Lot 15, Block 9; and WHEREAS, the Board of County Commissioners of Indian River County has determined that landowners are responsible for abating public nuisance existing on their property; and WHEREAS, a Notice of Public Nuisance calling for the abatement of the described nuisance was sent to the owner(s) by certified mail, and notice was posted on the subject property for 30 days, in accordance with Section 13-23, "serving of notice," of the County Public Nuisance Ordinance; and 10 WHEREAS, the landowners of the subject property failed to abate the described weed nuisance within 30 days of the posted and mailed notice; and WHEREAS, Section 13-19(b) of the County Public Nuisance Ordinance (No. 87-33) authorizes County personnel to abate a public nuisance if the nuisance is not abated by the landowner. within 30 days of notice; and WHEREAS, the County Administrator directed the County Road & Bridge Division to abate the nuisance, and as of August 17, 1988, County Road & Bridge Division abated the herein described weed nuisance; and • WHEREAS, Section 13-21(a) of the County Public Nuisance Ordinances provides that, after abatement of a nuisance by the County, the cost thereof shall be calculated and reported to the Board of County Commissioners; thereupon, the Board, by resolu- tion, shall assess such costs against the subject property, such costs to include ah administrative fee of seventy-five dollars ($75.00) per lot; and WHEREAS, the total cost of equipment use, labor, and administrative fee for County abatement of the herein described nuisance is determined to be one hundred and fifty-five dollars, ($155.00); and WHEREAS, Section 13-21(c) of the County Public Nuisance Ordinance provides that the assessment shall be due and payable thirty (30) days after the mailing of a notice of assessment, whereby if the owner fails to pay, assessed costs within the thirty (30) days, a certified copy of the•assessment shall be recorded in the official record books of the County, constituting a lien against the property, subject to•twelve (12) percent per annum interest; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSION- ERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1) The foregoing recitals are adopted and ratified in their entirety. 2) The costs of county abatement of the herein described weed nuisance, totaling an amount of $155.00 is hereby assessed against Lot 15, Block 9, Unit 1, of Vero Shores Subdivision presently owned by John & Sonia Kim, whose listed address is 37-76 62nd property Management Compa- ny, 1951 Cedar Swamp Road, Brooksville, New York 11545 3) The $155.00 assessment shall be due and payable to the Board of county Commissioners thirty (30) days after the mailing of a notice of assessment to the landowners, after which, if unpaid, a certified copy of the assess- ment shall be recorded in the official record books of the described property, subject to twelve (12) percent per annum interest. THIS RESOLUTION was moved for adoption by Commissioner Scurlock , seconded by Commissioner and adopted on the 10th day of January ,1989, by the following vote: Eggert Commissioner Commissioner Commissioner Commissioner Commissioner Don C. Scurlock, Jr. Aye Gary Wheeler Aye Margaret Bowman Aye Richard Bird Aye Carolyn Eggert Aye The Chairman thereupon declared the resolution duly passed 10th day of January , 1989. and adopted this ATTEST: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Gary JAN 10 1989 11 eeler, Chairman BOOK 75 PAGE 543 JIM' 10198 BOOK 75 PAGE 544 D. Appointment to Beach Preservation & Restoration Committee ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Eggert, the Board unanimously approved the appointment of John D. Orcutt, Jr., to the Beach Preservation and Restoration Committee. E. Partial Release of Wastewater Lien The Board reviewed letter from the County Attorney's office: TO: Board of County Commissioners FROM: Lea R. Keller, County Attorney's Office DATE: January 4, 1989 RE: CONSENT AGENDA'- BCC MEETING 1/10/89 RELEASE OF PART OF LAND SECURED BY COUNTY SEWER LIEN - MAP #24 - CAPRINO'S As part of the sewer reservations on State Road 60, Caprino's Restaurant reserved 15 equivalent residential units (ERUs) for the restaurant and some additional vacant land. Caprino's is paying for the ERUs used by the restaurant and the vacant land has gone into foreclosure; therefore, there are some ERUs left over for which payment is not being made. The land on which two of these ERUs are located is being transferred to a new owner. These two ERUs have been fully paid for in this real estate .#ransfer. Attached is a release from the County covering these two ERUs as well as the property on which they are located. Staff recommends the Chairman execute the release. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Eggert, the Board unanimously approved Partial Release of Wastewater & Assessment Lien (2 ERUs - Caprino's) 12 PARTIAL RELEASE OF EQUIVALENT RESIDENTIAL UNIT WASTEWATER RESERVATION AND ASSESSMENT LIEN FOR AND IN CONSIDERATION of the sum of $2,500.00, the receipt of which is hereby acknowledged, INDIAN RIVER COUNTY hereby releases two reservations from the 15 reservations reserved by CAPRINO'S INC., the owner of property hereinafter described in that certain Certificate of Wastewater Reservation recorded in4O. R. Book 721, Page 945, public records of Indian River County, Florida, and from that certain Special Assessment Roll. included in Resolution No. 84-107 recorded in O. R. Book 700, Page 298,, public records of Indian River County, Florida,' which is more particularly described as: The South 290 feet of the West 260 feet of Tract 10, Section 2, Township 33 South, Range 38 East, Indian River Farms Co. Subdivision, according to the plat thereof recorded in Plat Book 2, Page 25 of the public records of Indian River County, Florida. EXECUTED by the Chairman of the Board of County Commissioners of Indian River County, Florida, and tested and countersigned by the Clerk of such Board this /d day of January , 1989. Attest: Approved !s to form and legal sufficiency: Charles '!tuna County -Attorney BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Al/ Approved for Utithy% matters: ance C. ' into Utility Services Director F. Resolution re Indian River Blvd. R/W Exchange w/Fairlane Harbor The Board reviewed letter from the County Attorney's office: TO: Board of County Commissioners FROM: " Lea R. Keller, County Attorney's Office DATE: January 4, 1989 RE: RESOLUTION RE: INDIAN RIVER BLVD. R/W Board Meeting 1/10/89 The attached resolution covers property acquired by the County for right of way along Indian River Boulevard in a land exchange by Fairiane Harbor. This resolution has been requested by the attorney for the property owner to be used in an upcoming closing. Staff recommends approval. 13 JAN 1 0 1989 LOOK 75 F4CE 545 5 ,JAhl 1 eJ89 BOOK 75 PAGE 546 ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Eggert, the Board unanimously adopted Resolution 89-7 declaring certain property acquired for Indian River Boulevard to be a road r/w. RESOLUTION NO. 89-7 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, DECLARING CERTAIN PROPERTY ACQUIRED FOR INDIAN RIVER BOULEVARD TO BE A ROAD RIGHT OF WAY. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that. the undersigned hereby declares that certain property acquired by Indian River County, pursuant to deed executed by 202 Eddy Building, Inc., a Delaware corporation,, dated November 3, 1988, and recorded in O. R. Book 814, Page 388, public records of Indian River County, Florida, is hereby declared to constitute a road right of way, to be added to and made a part of the Indian River Boulevard road right of way. The 'resolution was moved for adoption by Commissioner Scurlock and the motion was seconded by Commissioner Eggert , and, upon being put' to a vote, the vote was as follows: Chairman Gary C. Wheeler Aye Vice -Chairman Carolyn K. Eggert Aye Commissioner Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Margaret C. Bowman Aye The Chairman thereupon declared the resolution duly passed and adopted this 10th day of January, 1989. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA • By .r •e. Attest 14 •-'Gary /. Wheeler Cha rman OFFICE SPACE/PARKING SPACE - CLERK The Board reviewed memo from Clerk Jeffrey Barton: TO: The Honorable Board of County Commissioners DATE: January 4, 1989 FILE: SUBJECT: Office Space/Parking Space FROM: Jeffrey K. Baon REFERENCES: Clerk of the Circuit Court I would like to have approximately 2,000 square feet of office space on the third floor of the Administration Building. It is my intention to have my administrative offices in the same area as the Finance Department, since I will be spending most of my time in the Finance area. I would also like to have a designated parking space on the west side of the Administration Building in the parking lot presently_used.by_the Property Appraiser, Supervisor of Elections, and the_Tax.Collector, I would appreciate your immediate action on these requests and look forward to a harmonious and rewarding working relationship with you. Clerk Barton came before the Board and reviewed the history of moving the Finance section of the Clerk's Office from the second floor where Data Processing is located to the third floor, noting that it was done with the understanding that within a year to a year and a half the Board would try put them back together. Mr. Barton stressed that operationally it is a nightmare with his staff located in these different areas. He advised the Board that as Clerk, he intends to split his time between the Finance/Clerk to the Board function in this building and the function of the court system in the Courthouse building. There presently is not enough space assigned on the second floor for him to have an operating office in this building and some of the people that he needs to help him. He is currently using the conference room as an office and that is not a very good situation. He, therefore, is here to ask for some space so he can have an office on the third floor with the rest of his staff, 15 .JAN 1 0 1989 ih._ BOOK 75 F'.1[JE 547 JAI 1 0 1JdJ BOOK 75 fA,E 548 be it on a temporary basis until the Board has a study done of the needs in this building, but ultimately, he would like to put his whole staff back together, particularly in the new Courthouse structure, if possible. Clerk Barton noted that Probation is moving from the third floor. One of the requirements in his mind is that whatever space he was given, it was to be used so that he did not have to renovate and incur any expenses either through his office or the Board's office. He believed that if he could have, on a tempo- rary or quasi -permanent basis, the space on the third floor that is currently occupied by Probation, that would suit his needs. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Eggert, the Board unanimously authorized designating a parking space for the Clerk as requested and authorized the County Administrator to get together with the necessary people to pursue additional space for Mr. Barton with the idea that he does need some additional space, but it will have to be worked out by himself and his staff. DISCUSSION RE BUILDING PERMIT & INSPECTIONS REQUESTED BY ODESSA CLARK Commissioner Scurlock referred to the following memo from Building Director Rymer, noting that while he was Chairman, Mrs. Clark came in with this problem, and he suggested she put it on the Agenda: 16 TO: William G. Collins, II Acting County Administrator DEPARTMENT HEAD CONCURRENCE: Robert M. Keating, AICP Director, Community Development Department DATE: December 29, 1988 FROM: Ester L. Rymer, Direct Building Division SUBJECT: Building Permit #28308 Odessa Clark Please be advised that the information herein submitted is related to the appeal requested by Odessa Clark which has been scheduled for the meeting of January 10, 1989. DESCRIPTION & CONDITIONS: Indian River County has adopted the Southern Building Code Congress International, Standard Building Code, as the applicable Building Code for Indian River County. Section A, 103.6.1 (Copy attached) of the Standard Building Code outlines the Building Official's responsi- bility as it relates to permit intent and validity. According to this code, a permit is invalid if the work authorized by such permit is suspended or abandoned for a period of six months. The Building Official has the authority to grant one or more exten- sions for periods of ninety days. These extensions can be granted, if necessary, when requested in writing prior to the expiration of a permit. ALTERNATIVES & ANALYSIS: On March 3, 1977, a building permit was issued to Arkwell and Odessa Clark, as owner -builders, for the construction of a residence to be located at 4776 34th Avenue. To date, this permit has either been extended or renewed five times. The last inspection made on work completed was on November 26, 1986. The attached list identifies all inspections made to date. The most recent permit extension expired September 30, 1988. No in- spections were requested during this extension period. The owner did not request another extension until December, 1988, after the previ- ous permit extension had already expired. The owner was given the opportunity to present to the Building Official proof of active construction, proof of materials purchased for construction, or proof that sub -contractors were paid for construction relative to the per- mit in question, but the owner was unable to provide adequate documentation that work had progressed. As a result, the Building Official has determined that this permit is invalid and a new permit must be issued. CONCLUSION & RECOMMENDATIONS: It 'is the opinion of the Building Official that the owner has not demonstrated a good faith effort to complete this project, nor has she provided evidence of justifiable cause for an extension of this permit. The recommendation of the Building Official is that this permit be declared invalid and that the owner be required to obtain a new permit, paying any and all applicable fees. 17 JAS 10X989 X001( /5 fl+GE 549 BOOK 75 FAGE.55 1 Mrs. Odessa Clark came before the Board and submitted plans of her house and copy of the inspection she had on her property. Commissioner Bird noted that from the plans it appears i't is a Targe, very nice house, but he did not understand the problem in getting it completed. The last inspection, which was on the insulation, is dated November 26, 1986; the Building Department does have rules and regulations all must abide by; and it seems Mrs. Clark is stretching them. Mrs. Clark informed the Board that the house is completed, and all she needs is the final inspection. Commissioner Scurlock asked the Building Director if the home is ready for final inspection. Building Director Rymer informed the Board that she has not been to the home and has not sent an inspector out there. When Mrs. Clark came into the office, the issue was whether or not she needed a new permit for her to continue, and according to the records, she has to renew the permit. That would be a very simple procedure. There is another problem, however, which is that when the permit is renewed, it triggers various impact fees. The County has provided county water to this property since Mrs. Clark started building 11 years ago; so, now they want her to tie into the county water system and pay the impact fees which are around $1,500. The renewal of the permit will also trigger the traffic impact fees. Those fees would have been $500, but today the cost is $1,100. Commissioner Scurlock asked if Mrs. Clark currently has a well or is actually hooked up to water and wastewater. Mrs. Clark stated that she has a well; she got a permit for a septic tank 11 years ago; and now they want her to pay all these other things to bring her up to date from 11 years ago. Utilities Director Pinto advised that where Mrs. Clark's house is located will be part of the Gifford wastewater system, and whether there is an existing building permit or not or 18 whether it was issued 11 years ago, there is still a requirement that she connect into the utilities. Commissioner Scurlock asked if we can allow Mrs. Clark to hook up for the water and wastewater when it is available and pay the former traffic impact fee. County Attorney Vitunac explained that water and sewer fees must be paid regardless of the state of the building. The traffic impact fee is another matter. If her building permit is lapsed, when she comes in for a new building permit, she has to pay the new impact fee. Commissioner Scurlock noted that he is trying to find some mitigating circumstances to help Mrs. Clark, and if we could do it legally, he would support a Motion to allow Mrs. Clark to pay the traffic impact fee at the previous level. Attorney Vitunac stated that the Board would have to find that her permit has not lapsed. Director Rymer advised that the Building Code is very clear that a permit is invalid if the work authorized by the permit is suspended or abandoned for a period of six months. She has asked that Mrs. Clark supply her with some evidence to show that she has been doing some work during that time, but Mrs. Clark has not brought in any such evidence. Mrs. Clark claimed that she brought in some bills, but the Building staff wouldn't take them. Director Rymer informed the Board that Mrs. Clark brought in a bill for some material purchased the same day she was in the office. Discussion continued at length regarding the fact that the house is now completed and ready for occupancy except for the final inspection, the need for the final inspection, the lack of evidence to justify extension of the previous permit, etc. JAN 101989 19 BOOK 75 PALE 551 FF" - JAN 10 1J6y ROOK 75 PAGE 552 Motion was made by Commissioner Scurlock that if Mrs. Clark can submit any evidence showing she was actively working on constructing that dwelling recently, that the traffic impact fee be established at the old rate as opposed to the new rate; if not, she then would have to pay the same as anyone else. Director Rymer was not real confident that Mrs. Clark can furnish that evidence since she has not done so in the last two years. In defense of Mrs. Clark, however, Director Rymer pointed out that Mrs. Clark came to her with this problem prior to January 1st, and if the decision had been made then in regard to renewing the building permit, she would have been allowed to renew it at the old Traffic Impact fee rate. She felt possibly they should have encouraged her to pay the fee while she was waiting for this appeal, but she emphasized that they definitely were working on this prior to January 1st. Attorney Vitunac felt the Board has the prerogative to consider the vesting. Based on the Attorney's opinion, Commissioner Scurlock stated that he would withdraw his earlier Motion. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Bird, to set the Traffic Impact Fee at the old level for Mrs. Clark. Mrs. Clark asked about the water and sewer impact fees, and it was explained that she must pay the water and sewer impact fees in any event when she is hooked up. Building Director Rymer pointed out that if Mrs. Clark can somehow prove her permit is active, she will not have to renew the building permit and will not have to pay the traffic impact fees at all, but she will have to pay the other fees. 20 Commissioner Eggert indicated that she would expect the final inspection to happen quickly. The Chairman called for the question. It was voted on andcarried unanimously. CERT. OF PUBLIC CONVENIENCE & NECESSITY (IRC ALS SYSTEM) 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 COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being �s��E9:05•• k .. h . in the matter of !/ PUBLIC NOTICE: �'►i On Tuesday, January 10, 1889, at A M , the • • Board of County Commissioners of Indian River County, Florida, will meet in the County AdmkNs-H tration Building at 1840 25th Street, Vero Beat"! FL, to consider the application of Indian River - County to receive a Certificate of Public Conven', lence and Necessity to engage In an& -operate in the _ Court, was pub- advanced life support systems (ALS). n Anyone who may wish to appeal any decision Iished in said newspaper in the issues of /CdX!//1 610l Ings is made, which includea•testimony AIN and-evi- which may be made at this meeting wilt need to' ensure that a verbatim record of the proceed - i dence upon which the appeal Is based. •' , • • s Dec.30,1988 >,rvLOA,:,e.:v t.: Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for aperiod 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 before me this CO d' of l 4. 19 it tS (SEAL) (business M (DI NO10,v F...,... Commissioner Eggert reviewed the following memos: JAI 10 `JeiJ 21 BOOK 75 f",.GE 553 JA11 1 0 1989 BOOK 75 P LE 554 TO: William Collins DATE: January 4, 1989 FILE: Acting County Administrator FROM: Doug Wright, Director SUBJECT: Application for a Certificate of Public Convenience and Necessity for Indian River County Advanced Life Support System REFERENCES Emergency Management Services • On January 4, 1989, the Emergency Services Coordinating Committee voted to recommend that the application for a Certificate of Public Convenience and Necessity for Indian River County Advanced Life Support System be approved by the Board of County Commission- ers. The application will accompany the request to HRS for an Advanced Life Support Service License for Indian River County. It is recommended that the Board of County Commissioners -approve the Certificate of Public Convenience and Necessity for_the Indian River County Department of Emergency Management Services so that the applicable state licenses can be obtained in a timely manner to effectuate quality delivery of ALS service to the citizens of Indian River County. This is the initial process in which implementation of a county wide EMS system will be accomplished with a single focus of manage- ment as directed by the Board of County Commissioners in a unan- imous vote on December 20, 1988. A smooth transition is anti- cipated and the various providers have demonstrated a willingness to cooperate, communicate, and coordinate in this endeavor. TO: Emergency Services DATE: January 3, 1989 FILE: Coordinating Committee %i2) FROM: Doug Wright, Director Department of Emergency Management Services Indian River County Appli- SUBJECT: cation for a Certificate of Public Convenience and Nec- essity for EMS Advanced Life Support Service REFERENCES: Indian River County Ordinance #87-66 It is requested that the information contained herein be formally considered by the Emergency Services Coordinating Committee during the special called meeting on January 4, 1989. DESCRIPTION AND CONDITIONS On December 9, 1988, the Emergency Services Coordinating Committee approved a proposal for the Indian River County Department of Emer- gency Management Services to operate the Emergency Medical Services Advanced Life Support System within Indian River County and establish a single focus of management for the entire EMS system. On December 20, 1988, the Indian River'County Board of County Com- missioners approved the recommendation of the Emergency Services Coordinating Committee in a unanimous vote. An application for a Certificate of Public Convenience and Necessity is now before the Emergency Services Coordinating Committee to pro- vide the Advance Life Support service in Indian River County pursuant to Ordinance #87-66 and approval is requested. 22 The ability to fund the ALS service prior to October 1, 1989, is being addressed in a cooperative manner between the County and the Hospital. Subsequent to October 1, 1989, Indian River County will have the funding mechanism in place for the ALS service. No fees will be charged of the patient in need and only third party billing will occur. The BLS providers in the County will continue to provide the emergency transport vehicles and service. The South County Fire District will participate in the ALS service providing one emergency transport vehicle at this time. Locations of staff and equipment are iden- tified in the proposal prior approved as referenced above. Financial reports and data as to the financial status of the County is available in the public records. Insurance for the service will be constantly monitored by the Risk Manager since the County is partially self insured at this point in time. ALTERNATIVES AND ANALYSIS Alternatives to this approach has prior been discussed and debated in depth and will not be revisited in this agenda item. The Board of County Commissioners has approved an ALS Service with the Department of Emergency Management Services being the single focus of management for the BLS and ALS service with the County. Implementation of this approach is being accomplished in a cooper- ative spirit with the Indian River Memorial Hospital staff and a tentative date of February 1, 1989 has been agreed on as a target date for operations to being at the County level. RECOMMENDATION The EMS Director recommends that the Emergency Services Coordinating Committee approve the Application for a Certificate of Public Con- venience and Necessity from Indian River County. If approved, a public hearing has been set for January 10, 1989, for the Board of County Commissioners to_act upon the Committee recommendation. The Chairman asked if anyone present wished to be heard. Emergency Management Director Wright believed the memos are pretty self-explanatory. This will be an umbrella license that the County will have. The other organizations, such as IRCVAS, South County Fire, etc., will be operating under that, and we will be issuing internal certificates of public convenience and necessity to the providers. It was determined that no one else wished to be heard, and Chairman Wheeler thereupon declared the public hearing closed. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Scurlock, the Board unanimously approved the application for a Certificate of Public Conveni- ence and Necessity for Indian River County to operate a countywide ALS service. JAN 10199 23 gar FuE553 ,JAN 10 BOOK 75 pArA556 qgir Nie 'ANA 'ItAbPa NAL .11 J Atwe Ylleu).4j. !Inc Vii- ,„ } CERT. OF PUBLIC CONVENIENCE & NECESSITY (ATLANTIC AMBULANCE CO.) 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: 24 1 VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVES: STATE OF FLORIDA Before the u!'1ersigned 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 ,L'L in the matter of Alia, i� In the Court, was pub- lished 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 been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate. commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this .j (SEAL) D.19' A AA-M•tp'►`.,14... 9-2 isiness Manager) C r, PUBLIC NOTICE On Tuesday, January 10, 1989, at 9:05 a.m., the • Board of County Commissioners of Indian River e ` County. Florida, WI meet In the County AdmInis tration Building at 1840 25th Street, Vero Beach, .. FL, to consider the application of ATLANTIC AM- BULANCE to receive a Certificate of Public Con- v venience and Necessity to engage in and oper f ate advance life support (ALS) services. 1 Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings' Is made, which Includes testimony find evidence upon which the appeal Is based. tr January 3, 1989 • w.. Ft�k r , 1.. Commissioner Eggert reviewed memo from Director Wright: JAN 1 0 1989 25 BOOK 75v E557 ti pr- itkItiN I 0 1989 BOOK 75 FAd 558 TO: William Collins DATE: January 4, 1989 FILE: Acting County Administrator Approval of a Certificate of SUBJECT: Public Convenience and Necessity for Atlantic Ambulance Company to provide EMS ALS Inter- facility Transport Service FROM: Doug Wright Director REFERENCES: Emergency Management Services • On January 4, 1989, the Emergency Services Coordinating Committee voted to recommend that the Board of County Commissioners approve the issuance of a Certificate of Public Convenience and Necessity to Atlantic Ambulance Company to provide EMS ALS Interfacility Trans- port Service in Indian River County. Indian River Memorial Hospital will be the primary provider for inter- facility transfers and a Certificate of Public Convenience and Necess ity for the Hospital is being addressed under separate cover. Atlantic Ambulance would serve as a back up to Indian River Memorial Hospital should a situation present itself wherein the Hospital could not accommodate an interfacility transfer due to the emergency transport vehicle being utilized on another run. It is recommended that the Board of County Commissioners approve the issuance of a Certificate of Public Convenience and Necessity to Atlantic Ambulance Company as provided for in Ordinance #87-66. The Chairman asked if anyone present wished to be heard. There were none, and he thereupon closed the public hearing. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Scurlock, the Board unanimously approved the issuance of a Certificate of Public Convenience & Necessity for Atlantic Ambulance Company. 26 -recommendations of affected municipalities. EMERGENCY MEDICAL SERVICES CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY Atlantic Ambulance WHEREAS, the Services has requested authorization Interfacility Advanced Life Support services to the citizens of Indian River (Advanced Life or Basic Life Support) County; and WHEREAS, there has been demonstrated there is a need to provide these essential services to the citizens of this county;and, WHEREAS, the above named service affirms that it will maintain compliance ' with the requirements of the Emergency Medical Services Act (Chapter 401, F.S.) and rules (Chapter 10D-66, .F.A.C.), Including Indian River County Ordinance 487-66, As Amended, THEREFORE, the Board of Countg Commissioners of 'Indian River -County hereby issues a certificate of Public' Convenienceand Necessity to said ... Company to provide Interfacility Advanced Life Transportservices with (BLS,ALS-transport,ALS. non -transport) limitations as prescribed on this certificate. In issuing this.certificate, the governing body of Date Issued ��."air iV, 1707 Date of expiration ��ry '(unless certificate is sooner revoked or suspended) Limitations: Service Is Limited To Interfacility Advanced Life Support Transport CERT. OF PUBLIC CONVENIENCE & NECESSITY (SOUTH COUNTY FIRE DIST.) 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: JAN 10 66J 27 BOOK .75 ['An 559 JAN 10 '689 VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a the rnatter of zzz- in the lished in said newspaper in the issues of Court, was pub - Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and 'that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm % or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this (SEAL) 19 (Business Manager) (Clerk 11_4 ._ w 11. w. . . _. BOOK 75 FACE 560 PUBLIC NOTICE On Tuesday, January 10, 1989, at 9:05 a.m., the Board of County Commissions of Indian River County, Florida, will meet In the County Adminis- tration Building at 1840 25th Street, Vero Beach, FL, to consider the applicaiton of SOUTH COUNTY FIRE DISTRICT to receive a Certificate of Public Convenience and Necessity to engage in and operate advance life support (ALS) ser- . vices. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made, which Includes testimony and evidence upon which the appeal is based. January 3,1989. '• (NJ RECEIVED �rC:IA7 19^O r ``9 (111gq..r .c` '1 nEl'/�f7t`►YT t•� The Board reviewed memo from Emergency Management Director Wright: William Collins January 4, 1989 TO. Acting County Administrator DATE: FILE: SUBJECT:Application from the South County Fire District for a Certificate of Public Convenience and Necessity for EMS ALS Service FROM: Doug Wright, Director REFERENCES: Emergency Management Services On January 4, 1989, the Emergency Services Coordinating Committee approved the application from the South County Fire District for a Certificate of Public Convenience and Necessity to provide EMS ALS service within the framework of and as stated in the proposal by the Indian River County Department of Emergency Management Ser- vices. The Board of County Commissioners approved the referenced proposal on December 20, 1988. 28 The Certificate to be provided to the South County Fire District for EMS ALS service is to be granted internally by the County as an EMS provider under the Advanced Life Support License to be issued to Indian River County. Approval is recommended for Station #5 and #7 to participate in the EMS system as outlined in the referenced proposal in a comprehensive approach with a single focus of management to accomplish the objective of excellent patient care in a timely manner utilizing a minimum of tax generated revenues. The Chairman asked if anyone present wished to be heard. There were none, and he thereupon declared the public hearing closed. Commissioner Eggert commented that this Certificate will be an internal one that is not issued separately but comes under the County umbrella. Right now the other providers have certificates, but the Fire Department doesn't. Director Wright confirmed that was correct and noted that the other two BLS agencies will be surrendering their BLS licenses when we receive the ALS license and will come under the County umbrella. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Scurlock, the Board unanimously approved the granting of the Certificate of Public Convenience & Necessity to South County Fire District internally under the ALS License to be issued to Indian River County. JAN 10 1989 29 BOOK 75 FAL 561 Pr - ,JAN i 0 uJti9 BOOK EMERGENCY MEDICAL SERVICES CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY South Indian River WHEREAS, the County Fire District has requested authorization to provide Advanced Life Support (Advanced Life or Basic Life Support) County; and - WHEREAS, there has been demonstrated there is a need to provide these essential services to the citizens of"this county;.•and,. WHEREAS, the above named service affirms that it will maintain compliance with the requirements of the Emergency Medical Services Act (Chapter 401, F.S.) and rules (Chapter 10D-66, F.A.C.1,:Including-'Indian River County Ordinance #87-66, As Amended, �'; : - '...�.'• . = ::: r -_ -- . THEREFORE, the -Board of •Co my Commissioners: of 'Indian River County hereby issues a certificate. of. Public':Coavenienceand Necessity to said Company to provide • • BLS/ALS" Transport '.. . services with (BLS. ALS- transport,AL& non -transport) limitations as prescribed on. this_certificate. services to the citizens of Indian River • In issuing this certificate, the governing body of Indian River County h. recommendations of affected municipalities. Date Zssued January 10, 1989 Date of expiration January 9, 1991 '(unless certificate is sooner revoked or suspended) Limitations: Internal Certificate Issued Under The Indian River County ALS (Chairman,-8oard of County Commissioners) �=` ..; . ' .. "d"1��";::-mss -', . +�; • trU' !:;,< "-r"��i�i� - _a- ::�,�. '' . .: - '�'Gi1t�c�`" �.:::,. � .,ataiosa ��w��� �tn-xc,r�w CERT. OF PUBLIC CONVENIENCE & NECESSITY (INDIAN RIV. MEM. HOSP.) 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: 30 ti VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personalty 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 In the matter oft In the „ Court, was pub- lished 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 been continuously published In said Indian River County, Florida. each daily and has been entered as second class mall matter at the post office in Vero Beach, In said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this 3 (SEAL) fi f _,e_f_ . .;r7-1-1.1i,J711-el.r,,,,K, (Business Manager) On Tuesday, Jan aryl 0MOTICE 1989, at 9:05 a.m., the , Board of County Commissioners of Indian River : County. Florida, will meet in the County Admnis- tration Building at 1840 25th Street, Vero Beach, FI, to consider the application of 'INDIAN RIVER I MEMORIAL HOSPITAL to receive a Certificate of •,1 Public Convenience and Necessity to engage In and operate Interfacility emergency medical ser- vices (EMS) transport system. Anyone who may wish to appeal any decision • • which may made at this meeting will need to .� ensure that a verbatim record of the proceedings • Is made, which Includes testimony and evidence • upon which the appeal is based,: , : s •- IJanuary 3,1989; The Board reviewed memo from the Director Of Emergency Management Services: TO: William Collins DATE: January 4, 1989 FILE: Acting County Administrator SUBJECT: Approval of a Certificate of Public Convenience and Necessity for Indian River Memorial Hosp- ital, Inc. to Provide EMS ALS Interfacility Transport Service FROM: Doug Wright, Director REFERENCES Emergency Management Services • • On January 4, 1989, the Emergency Services Coordinating Committee voted to recommend that the Board of County Commissioners approve the issuance of a Certificate of Public Convenience and Necessity to Indian River Memorial Hospital for EMS ALS Interfacility Transport Service. JAN 101989 31 BOOK 75 F', CE 563 Pr— JAN 101939 BOOK _ PAGE 5G4 The justification for the issuance of the Certificate are_related to the need for a timely response for interfacility ALS transfers that for various reasons cannot_be provided by the EMS ALS pro- viders inasmuch as their primary responsibility is pre -hospital EMS ALS service. Documentation favorably attesting to the issuance of the requested Certificate of Public Convenience and Necessity is attached for review. It is recommended that the Board of County Commissioners approve the issuance of a Certificate of Public Convenience and Necessity as provided for in Ordinance #87-66. The Chairman asked if anyone present wished to be heard. There were none, and he thereupon closed the public hearing. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Scurlock, the Board unanimously approved the issuance of a Certificate of Public Convenience & Necessity to Indian River Memorial Hospital. EMERGENCY MEDICAL SERVICES CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY Indian River WHEREAS; the Memorial Hospital has requested authorization to provide Interfacility Advanced Life Support services to the citizens of Indian River (Advanced Life or Basic Life Support) - County; and • .. .. WHEREAS, there has been demonstrated there is a need to provide these essential services to the citizens of this county; -and, • • WHEREAS, the above named service affirms that it will maintain compliance with the requirements of the Emergency Medical Services Act (Chapter 401, F.S. and rules (Chapter 10D-66,1F.A.C.),Including Indian River County Ordinance $87-66, As Amended THEREFORE, the Board of Countg: Commissioners `of Indian River- County /_",._ . „:„ hereby issues a• certificate --of Public -Convenience and Necessity to' said' .' Company to provide Interfacility ALS Transport - services with (BLS,ALS-transport,AL&non-transport) limitations as prescribed on .this _certificate. •, - s, In issuing this' certificate, the governing body of -Indian River County has recommendations of affected municipalities. Date Issued Limitations: January 10, 1989 Date of expiration January 9, 1991 '(unless certificate is sooner revoked or suspended) Service Is Limited To Interfacility Advanced Life Support Transport. Oftg 32 EMERGENCY AUTHORITY TO WAIVE BIDS & PROVIDE FUNDING FOR EMS UNIFORMS AND ALSO FOR ALS KITS The Board reviewed the following memos from Emergency Management Director Wright: TO: Jim Chandler DATE: January 9, 1989 FILE: County Administrator SUBJECT' Approval for Emergency Authority 'to Waive Bids and Provide Fund- ing for EMS Uniforms FROM: Doug Wright, Director REFERENCES: Emergency Management Services t‘ti" D / , 9e9 R t ocz co,f0rjzi °74:P/070), � It is respectfully requested that the information containe �',$t2 `e given formal consideration as an added agenda item for the Board of County Commissioners meeting scheduled for January 10, 1989. DESCRIPTION AND CONDITIONS' Pursuant to mutual agreement between the County and the Indian River Memorial Hospital, Inc., plans are being formulated and implementa- tion processes are occurring wherein Indian River County will assume responsibility for and management of the EMS ALS System with a tent- ative effective date of February 1, 1989. Many issues must still be addressed and resolved. One primary issue at this point is the purchase of uniforms for the EMS staff so that the above referenced implementation date can be accommodated. Staff is requesting funding for the EMS uniforms and authority to waive bids from the Board of County Commissioners for this emergency pur- chase. Initially, only new uniforms for the paramedics were being considered. However, after meeting on several occasions with the volunteers and paramedics, it appears that all the providers are in agreement that everyone providing EMS service in the County should be sim- ilarily dressed. The one exception to this would be for the fire service since the costs of changing uniforms would not be econom- ically feasible. The Indian River County Volunteer Ambulance Squad has 150 active members. The North County Ambulance Service comprised of the Fells - mere and Sebastian Volunteer Ambulance Squads has 120 members. The numbers cited above are members who regularly run on assigned shifts providing BLS service to the respective communities and county wide on a mutual aid basis. The County proposal for EMS service as approved by the Commission on December 20, 1988, provides for a total of 23 paramedics and one paramedic supervisor for a total of 24 staff members. Staff is proposing that each of the 270 volunteer members who are assigned shifts and active members of the volunteer Ambulance squads making runs on ALS vehicles with paramedics would be provided a uniform by the County consisting of one shirt and one pair of pants which they would maintain. The anticipated costs for one uniform for each volunteer would total $50.00 or approximately $13,500. 33 JAN 1 1989 BOOK ,75 F,, E 565 JAN d 0 '989 roo. 5f53 For the paramedics, staff is proposing that each of the 24 paramedics be provided with the following: Three Shirts Two Pants Two Jump Suits (reflective material on suit) Appropriate emblems and insignia TOTAL ESTIMATED COSTS FOR 24 PARAMEDICS TOTAL ESTIMATED COST FOR 270 VOLUNTEERS ALTERNATIVES AND ANALYSIS $ 350.00 $ 8,400.00 $13,500.00 GRAND TOTAL $21,900.00 Providing a single uniform to each of the volunteers is an extremely small price to pay for the uncompensated hours that the volunteers give to their respective communities. There are many volunteers that give of their time to more than one volunteer entity. Staff agrees that if all EMS are wearing a similar uniform not only can the law enforcement community more easily identify EMS personnel at an emergency scene, but a collateral benefit of a team approach and some degree of solidarity will be the result. It is felt that if the Board approves this request, it will be of benefit to continue the process of augmenting the providers under a single focus of management and achieving the objectives as refer- enced in the EMS proposal earlier submitted and approved by the Board of County Commissioners. The alternatives in regard to this request are as follows: 1. Approve waiver of bids for the emergency purchase of uniforms for the paramedics only. 2. Approve waiver of bids for the emergency purchase of uniforms for the paramedics only at a reduced quantity level. 3. Approve the waiver of bids for the emergency purchase of uniforms for the paramedics and volunteers at the level proposed above. RECOMMENDATION Staff recommends alternative #3 in order for the EMS Director to continue to incorporate the various entities and providers into an organization consisting .of team players in order to provide the very best level of care for the patient in need. The paramedics and volunteers collectively agree that this would be a step in the right direction in achieving a unified EMS system wherein each person would contribute their expertise and training in this substantial endeavor. Staff also feels that additional volunteers may be recruited and retained if this recommendation is approved. The perception by some volunteer members and potential members of being less than a viable member of the EMS organization would be mitigated with this singular action by the Board of County Commissioners. Approval is recommended of the waiver of bids and funding in the amount of $21,900 so the emergency purchase of uniforms can be ac- complished prior to February 1, 1989. 34 �.J TO: Jim Chandler County Administrator nu J/►N 1989, c RECEIVED v BMW ttAiN 11 654 COMMISSIUt E do c -e X41, DATE: January 9, 1989 FILE: Approval for Emergency SUBJECT: Authority to Waive Bids and Provide Funding for Advanced Life Support Kits, Drugs, and upgrading of BLS Vehicles to ALS Status FROM: Doug Wright �'z£ector REFERENCES: Emergency Management Services It is respectfully requested that the information contained herein be given formal consideration as an added agenda item for the Board of County Commissioners meeting scheduled for January 10, 1989. DESCRIPTION AND CONDITIONS' Pursuant to mutual agreement between the County and the Indian River Memorial Hospital, Inc., plans are being formulated and implementa- tion processes are occurring, wherein Indian River County will assume responsibilityfor and management of the EMS ALS System with a tent- ative effective date of February 1, 1989. Many issues must still be resolved and at this point emergency auth- ority to waive bids for purchase of two advanced life support kits, drugs, and funds to upgrade BLS vehicles to ALS status is requested from the Board of County Commissioners. ALTERNATIVES AND ANALYSIS The proposal approved by the Board of County Commissioners on Decem- ber 20, 1988, for county.management of the EMS ALS system provided for seven (7) service locations which means that a minimum of seven (7) ambulances must be equipped and permitted for ALS service at all times. The Indian River Memorial Hospital staff advises that six (6) ALS kits will be transferred to the County. This leaves a deficit of one (1) kit without any backup should a kit be required to be taken out of service for maintenance. This would allow for all seven (7) service locations and vehicles to be available for ALS calls at all times-. Each ALS kit should include as a minimum the following: Apcor FCC authorized EMS Telementry Life Pak #5 Defibrillator/monitor Laryngoscope blades; all sizes Disposable endoatracheal tubes (6 ea.) $8,300 7,000 573 153 �I��� �5 35 � m w.A., JAN 1 0 BOOK .5b'7 ti JAN 10 1989 Tourniquets 13 ea.) Butterfly or scalp vein'needles (6 ea.) IV Cannulae (8 ea.) Micro drip sets (3 ea.) Macro drip sets (3 ea.) Needles (6 ea.) 1 ML Syringes (2 ea.) 2.5 ML to 6 ML Syringes (6 ea.) 10 ML to 20 ML Syringes (4 ea.) Total cost for one ALS Kit Total cost for two ALS Kits (without drugs or medications) BOOK 75 ,AGE568 17 60 135 12 21 4 1 3 3 $16,282 $32;,'.564 The drugs and medications required for, the ALS kits as required by Rule 10D-66, Florida Administrative Code totals $80.00. There are additional drugs and medications which are not required by the above referenced rule, but are recommended by the Medical Director. These drugs total approximately $100.00 in cost. The total drugs for one ALS kit totals $180.00 and extended for two kits the price would be $360.00 The total amount requested for two ALS including drugs and medica- tions is $32,924. There will also be some costs involved in upgrading the current BLS ambulances to ALS status in terms of equipment for items such as airway bags, 747 boxes, etc. For the seven (7) vehicles, it is anticipated that approximately $1,000 will be required for each vehicle or $7,000 for the total of the vehicles which will be util- ized in the ALS service. The total amount requested for the two ALS kits with drugs and medi- cations as well as the ambulance upgrade costs from BLS to ALS status totals $39,924. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the emergency purchase of the ALS equipment and waive the bidding requirements for the purchase of two (2) ALS kits, drugs, and up- grading of BLS ambulances to ALS status so the required permits can be obtained from HRS. Emergency expenditure authority in the amount of $39,924 is requested. This action is necessary if the service- is to be implemented by the target date of February 1, 1989. There remains a substantial amount of work to be completed and approval of this request will provide staff the needed emergency purchasing authority to equip and bring the ALS service on line in a timely manner. The Indian River Memorial Hospital is coopekating in this endeavor and transfer of funds to the County for start up of the ALS service is anticipated by February 1, 1989. Some discussion arose about the emblems on the insignia and the possibility that the symbol for the heart may be changed slightly. Director Wright then introduced Mr. Jimmy Judge who has been selected to be the Chief Paramedic for the ALS Service. He advised that Mr. Judge has substantial background, and they 36 believe he will be a real asset and have a good rapport with everyone. Commissioner Eggert expressed her delight to have Mr. Judge as the head paramedic and noted how happy she was with their cooperation. Commissioner Scurlock wished to have some comfort from the County Attorney that these uniforms and kits are emergency items and that we have legal ability to waive bids. Attorney Vitunac advised that he signed the waiver of the bidding procedures after Director Wright explained why these items were needed right away. Discussion arose about funding, and Commissioner Eggert explained that the most of the funding for the uniforms will come out of the money being transferred from the Hospital, but the ALS kits will come out of pure contingency. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Eggert, the Board unanimously approved waiver of bids and funding in the amount of $21,900 for the emergency purchase of uniforms prior to February 1st; approved waiver of bids and funding in the amount of $39,924 for the emergency purchase of ALS kits, etc., as listed above; and approved Budget Amendments #028 and #029, as follows: TO: Members of the Board of County Commissioners FROM: Joseph A. Baird OMB Director SUBJECT: BUDGET AMENDMENT NUMBER: 028 DATE: January 9, 1989 Entry Number Funds/Department/Account Name Account Number Increase Decrease 1. EXPENSE GENERAL FUND/A L S Uniforms 001-253-526-035.24 $21,900.00 $ 0 Reserve for Contingency 001-199-581-099.91,$ 0 $21,900.00 37 JAN 101999 MU 75 WE 569 ,JAN 1© iJ89 TO: Members of the Board of County Commissioners FROM: Joseph A. Bairdt OMB Director BOOK '75 F , 5 70 SUBJECT: BUDGET AMENDMENT NUMBER: 029 DATE: January 9. 1989 Entry Number Funds/Department/Account Name Account Number Increase Decrease 1. EXPENSE GENERAL FUND/A L S Office Furniture and Equipment 001-253-526-066.41 $39.924.00 $ 0 Reserve for Contingency 001-199-581-099.91 $ 0 $39,924.00 BID #89-45 - CARETAKING OF SOD FARM "Sonny" Dean, Director of General Services, reviewed the following: DATE: January 3, 1989 TO: Board of County Commissioners THRU: William G. Collins, II Acting County Administrator FROM: H.T. "Sonny" Dean, Director Department of General Services SUBJ: Indian River County Bid No. 89-45 Care Taking of Sod Farm BACKGROUND Bids were received on Wednesday, December 28, 1988 for the subject services. The bid was properly advertised and two invitations were sent out with only one vendor responding. ANALYSIS The low and only bid was submitted by Brevard Sod, Inc. of Palm Bay, Florida and met all the specifications requested. FUNDING Since the company is rendering a service and will purchase the sod from the County a revenue. will be generated with no expense to a budget. RECOMMENDATION Staff recommends acceptance of the Brevard Sod, Inc. bid for the sod farm's maintenance and harvesting. Commissioner Scurlock wished to know what the estimated total revenue would be based on this bid because he was having trouble relating to the way it is presented in units of square 38 feet and pallets. He had understood from the previous owners that they were making about $40,000 a year off that sod farm. Mr. Dean did not have that information. Commissioner Bird advised that since only one bid came in on this item, he personally contacted a local sod company to see why they didn't bid on it, and they said they wouldn't be interested in working on the field but would be interested in buying sod from the field. They gave him some other names of outfits they felt might be interested, and he would like to see staff authorized to rebid and contact Triple L Sod, Riverside Gardens and Cowart Sod Company from Okeechobee. Director Dean felt it was important to point out that this bid included the caretaking of this property, and Commissioner Bid noted that he was not suggesting that we change the specs. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Bird, the Board unanimously agreed to table this item to give Mr. Dean the opportunity to contact those named above to determine if they are interested in bidding, and if so, rebid; otherwise bring back to the Board for award. WORK ORDER #3 (LLOYD & ASSOC.) BOUNDARY SURVEY MAIN LIBRARY SITE The Board reviewed memo from Supt. Lynn Williams: JAN 1 0 1989 39 i POCKs Fµ.LE l JAN 1 0 1989 BooK 75 FA,L572 TO: Bill Collins DATE: Acting County Administrator Through Sonny Dean General Services Di ROM: L n w iliams, Supt. January 4, 1989 FILE: Work Order #3 SUBJECT: Lloyd and Associates Boundary Survey Main Library Site Master Agreement REFERENCES' Dated June 21, 1988 'Between Indian River County uilding and Grounds Division and Lloyd and Associates DESCRIPTION AND CONDITIONS Dow, Howell and Gilmore, the architects for the Main Library Construction Project, for'arded requirements for survey and topographical drawings as outlined in the attached Work Order #3. These surveys are contractually the responsibility of the County. Lloyd provided an estimated cost of $3490.00 for all work outlined in the architect's request. In order to expedite this request, a work order was issued under the terms of a Master Agreement, dated June 21, 1988, between Indian River County Public Works and Lloyd and Associates. ALTERNATIVES AND ANALYSIS Approval of Work Order #3 as allowed under the Master Agreement, will compress the time required for completion of the survey work. RECOMMENDATION AND FUNDING Staff recommends approval of Work Order #3, in the amount of $3490.00 (previously signed by Lloyd and Associates), for survey and topographical drawings, as requested by the architects, Dow, Howell and Gilmore. Funding is available from the Library Construction Fund. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Eggert, the Board unanimously approved Work Order #3 w/Lloyd & Assoc. for the Main Library site survey. 40 INDIAN RIVER COUNTY MAIN LIBRARY SITE BOUNDARY SURVEY WORK ORDER NO. 3 TO THE PROFESSIONAL CIVIL ENGINEERING/LAND SURVEYING SERVICES MASTER AGREEMENT BETWEEN LLOYD AND ASSOCIATES, INC., DATED 6-21-88 AND INDIAN RIVER COUNTY, FLORIDA. Pursuant to the Professional Civil Engineering/Land Surveying Services agreement dated 6-21-88, by and, between Indian River County, a political subdivision of the. State of Florida, hereinafter referred to as the COUNTY, and Lloyd & Associates, Inc., Vero Beach, Florida, hereinafter referred to as ENGINEER, this Work Order No.. 3 is an extension of and hereby becomes a part of the master agreement (hereinafter referred to -as the MASTER AGREEMENT) as follows: Section I - Project Limits 1) LOTS 1 through 14 BLOCK 37 ORIGINAL TOWN. Section II - County Obligations The COUNTY agrees to: A. Provide the ENGINEER with all available.drawings, surveys, right-of-way maps, and other documents pertinent to the project which are in the posession of the COUNTY; however, all information requiring research shall be the responsibility of the ENGINEER. Section III - Scope of Work A. ENGINEER shall provide boundary survey, above and below grade as-builts including all buildings and utility lines and tree locations, topographic survey. In accordance with the provisions of Chapter 21 HH -6 F.A.C., as per architects instructions, Exhibit A. B. The ENGINEER will strive to complete his work on the project within the time allowed by maintaining an adequate staff of registered surveyors, draftsmen and other employees on the work at all times. Section IV - Time for Completion A. After issuance of written authorization to proceed, fifteen (15) working days will be allowed to delivery of the plans. Section V - Compensation A. The COUNTY agrees to pay, and the ENGINEER agrees to accept for services rendered pursuant to this agreement, fees in accordance with the following: B. Survey and drawing costs as proposed within.agreement shall be a lump sum cost of $3490.00. This fee is based on surveyors estimate and will be due upon completion. JAN 1 0 lytiy 41 BOOK 75 F'.1GE 573' JAN 10 .1989 BOOK 75 C. Additional survey add drafting work which may be • required for off-site parking will:be billed as additional charges. Section VI - Additional Work F„��c.i x[.574 In the event changes are requested by the County or extra work is imposed on the COUNTY by the demands of certain regulatory agencies after the approval by the COUNTY of this agreement, and upon the issuance of a subsequent work order, by the Director of Public Works Department, said extra work may commence in accordance with the following fee schedule: LLOYD AND ASSOCIATES, INC. RATE SCHEDULE ENGINEER $45.00/hr. ENGINEERING DESIGNER $35.00/hr. SURVEY MEN (3 MEN) $60.00/hr. DRAFTING $25.00/hr. SECRETARY $25.00/hr. CONSTRUCTION INSPECTOR $27.00/hr. FEES Cost +10% MATERIALS Cost TRAVEL $per. Florida Statutes The ENGINEER certifies that the following wage rates and other factual unit costs supporting the compensation are accurate, supporting, complete, and current at the time of contracting. Section VII - Partial Payments Due to the short-term nature of the work, only one payment will be made according to the conditions stated in Section V. Section VIII - Extra Work See Section VI Section IX - All conditions set forth in the MASTER AGREEMENT shall control unless otherwise specified in this WORK ORDER. This WORK ORDER, regardless of where executed, shallbe governed by and construed according to the laws of the State of Florida. IN WITNESS WHEREOF the parties hereto have executed these presents this •10th day of January 1909: LLOYD & ASSOCIATES, INC. 1830 20th Street Vero Beach, Florida 32960 By: it iam Myerr1 . Vice President and Chi�e9 peratirr ,fi e Attest: &taltQ/K.eLLLIL4(�„ Karen L. Kuehne Assistant Secretary INDIAN RIVER COUNTY,FLORIDA BY: if 42 NIP ti GOLDEN SANDS PARK PROJECT (DISCHARGE OF ARCHITECT & APPROVAL OF PAY REQUEST FOR BARTH CONSTRUCTION) The Board reviewed memo from the Capital Project Manager James White, as follows: TO: William G. Collins II Acting County Administrator THROUGH: James W. Davis, P.E.J� FROM: James D. White, P.E. Capital Project Manag SUBJECT: Golden Sand Park Project - Construction Services by Mayes, Sudderth & Etheredge Public Works Director DATE: January 4, 1989 DESCRIPTION AND CONDITIONS The Project Architect, Mayes, Sudderth & Etheredge of Orlando has experienced an exodus of personnel from their Orlando office over the past few months.. This has resulted in less service, poorer service and late service relative to this construction contract. This causes delays in approval/review of submittals, contractor payments, etc., and generally disrupts the project. The Contract allows $6,680 for construction services by the Architect of which $5,076.80(76%) has been billed, of which $507.64 is retainage and $4,569.16 has been paid. RECOMMENDATION Because the firm is unable to provide service in a timely and satisfactory manner that the remaining 24% of the $6,680 be withheld from the contract and that I take over the services needed and the Architect discharged. Also, 'attached is pay request for Barth Construction, which MSE has been unwilling or unable to process. I have verified the payment is due and correct and recommended that it be approved for payment without the Architects signature. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Eggert, to approve staff's recommendation as set out above - withholding monies, discharging the Architect, authorizing James White to take over those services needed, and approving pay request for Barth Construction in the amount of $40,993.20. Commissioner Bowman asked how much of this is completed, and Public Works Director Davis advised that the parking lot is 43 JAN 10X989 BOOK 75 FALL 575 JAN 10 - BOOK 1(c) f'cE 576 paved; the structures are up; the irrigation is being put in now; and we are probably about 30 days away from completion. Commissioner Bowman questioned the use of such plants as bottlebrush, hibiscus, oleander, and all the exotics that don't even grow near salt water. Director Davis reported that they had a landscape architect on the project from Orlando and did have a concern with his plan; so, they went back and worked with.some local people and have modified the plan for a more salt tolerant, drought tolerant species in the park. There will be more native plants, and he felt we will be pleased with the final landscape plan. COMMISSIONER SCURLOCK CALLED FOR THE QUESTION. It was voted on and carried unanimously. COUNTY GROVE FRUIT SALE CONTRACT Assistant County Attorney Collins reviewed the following memo from Environmental Specialist John Lang, noting that he has been told the fruit is about to drop off the trees, and if it does, it is then worthless. DATE: JANUARY 3, 1988 TO: THRU: FROM: JAMES E. CHANDLER • COUNTY ADMINIS/71,ATOR TERRANCE G. PINTO DIRECTOR OF JOHN F. LAN ENVIRONMENTAL DEPARTMENT OF LY PECIALIST TILITY SERVICES RVICES SUBJECT: COUNTY GROVE FRUIT SALES BACKGROUND The Department of Utility Services has a 60 -acre citrus grove located at the West Subregional Wastewater Treatment Plant site. The two fruit bids received were rejected because of low bid offers. On December 13, 1988, the Board authorized the Department to conduct direct negotiations. 44 ANALYSIS The grove's lowest crop estimate this year is 11,000 boxes. The grove's highest crop estimate is 14,000 boxes. Based upon the lowest crop estimate, Golden Gem Growers has offered a contract that equals a total price of approximately $38,500.00. Hubert Graves Packing Co., Inc., the purchaser of three seasons ago, has offered a contract that equals a total price of approximately $40,975.00, based on the lower crop estimate. Final total dollars received will depend on the final box count for the red grapefruit and juice content delivered to the processing plant, less pick, roadside, and haul for the white grapefruit. The white grapefruit this year are not suitable for the fresh market, as they are slightly smaller than usual and have freckling problems. RECOMMENDATION The staff of the Department of Utility Services recommends the Board of County Commissioners accept and sign the fruit contract from Hubert Graves Packing Co., Inc. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Bowman, the Board unanimously approved contract with Hubert Graves Packing Co., as follows: FRUIT PURCHASE CONTRACT AGREEMENT between SELLERa Indian River Coun 2625 19th Ave Vero Beach, Flori Attention: John BUYER: Hubert Graves Pac P.O. Box 6190 Vero Beach, Flori ty da 32960 Lang king Co., Inc. dot 32961 1. - BELLER agrees to sell and BUYER agree@ to buy good merchantable fruit am failawna a.) Approximate 5500 bosses of Red Grapefruit @ $4. tree. Approximate 5500 boxes of White -Marsh Seedless Grapefruit AI $1.10 per pound solid les@ pick, haul, wre . est i mats* that the pick, load and haul exceed $1.60 per box (.#.60 pick, $.65 roadside haul.) b.) 10 box on load and will not and $.35 RIOHT ;,ALJ BELLI WELL,IrtR covenants, , waarrant@ and represents that he has good title to the fruit, that the fruit is free from i11 mortgages, l i enn and rather encumbrances and that SELLER has the lawful' right to sell the fruit and to authorize its picking and removal. The person(s) signing this agreement represents that he has the authority to do so. 3. BLJYERg shall have the right at all reasonable and normal times to enter the grove to pick and remove the fruit. 4. SELLER: shall take all reasonable and normal precautions to maintain the high quality of said fruit during the term of thin agreement and will engage in no cultural practices which would tend to deleteriously affect the said quality. 45 JAN 10 1989 BOOK 15 FA..UE 577 JAN 1 1989 5. ALL fruit must. meet all applicable requirements of all Federal and State'of Florida laws and regulations, including regulations of the Florida Citrus Commission. It ie further agreed and understood that the word "merchantable" as herein used shall mean fruit free from freeze/ hai1, fire, wind- stormsv citrus canker or other hazard and and meeting the State and Federal regulations for Fresh Fruit shipments Interstate and Export. 6. ADVANCE deposit against purchase price $.50 per box. Check # 11 7. DEPOSIT to be returned within 30 'days if fruit is unmerchantable as determined in Item 5. S. PAYMENT is to be made within '{x days after the fruit has been picked. 9. FRU%T.to be picked and delivered at the discretion of: BUYER 10. ALL Fruit to be picked by: April 15; 1989. 11. BOND DISCLAIMER: Citrus Bond does not necessarily insure full payment of claims for any non performance under this contract - F.S. 601.81. ACCF ED: ' .^ LER ~ ��~�� _-, �c— -� DATE DATE (7;441.4.4LeePLAa4ov BUYER PROPOSED SETTLEMENTS ON 12TH STREET EMINENT DOMAIN LAWSUITS Assistant County Attorney Collins reviewed the following memo: 46 TO: The Board of County Commissioners FROM: Vi William G. Collins 11 - Assistant County Attorney DATE: January 4, 1989 SUBJECT: Proposed Settlements on 12th Street Eminent Domain Lawsuits Indian River County obtained certain parcels of property by eminent domain for purposes of widening 12th Street,. Appraisals were prepared and the amount of the taking wa; argued before Judge Vocelle with testimony being given by County employees, appraisers, etc. After the hearing, Judge Vocelle set the value of the property taken based on th': testimony presented. These cases are still open becaus,: some of the property owners contested the value awarded b' the Judge in the quick take and requested an opportunity to go to a jury trial. At this stage, some of the property owners are wi l l ing to settle for the amount awarded by thy. Judge, while others are willing to settle with "additional compensation. The listing below sets out the terms of each proposed settlement. Parcel No. 130 - Barnes Barnes will settle for the amount awarded by the Judge at the Order of Taking Hearing. That amount was $10,566.22. This amount has already been deposited with the Court and, to the best of my knowledge, paid over to Barnes. Barnes' attorney, Michael O'Haire, is requesting an attorney's fee of $3,500.00. Our review of his time records indicate that 15.23 hours were spent on the case at the rate of $200.00 per hour. When expenses of approximately._ $100.00- and appraisal expenses of $440.00 are added in, the $3,500.01) fee would appear acceptable. These attorney's fees and. appraisal costs are the County's obligation by statute. Parcel Nos. 139 and 140 - Richard and Arlyne Zorc The Order of Taking awarded $7,686.00. The Zorcs are asking for an additional $978.30 for concrete and curbing necessary to provide a driveway to one of the garages on their property which has been blocked off from access. Thi; demand appears to be reasonable and should be agreed to. There is also an appraisal fee of $440.00 on this site. Mr. O'Haire is asking for an attorney's fee in the amount of $2,500.00. Parcel No. 163 - Richard and Arlyne Zorc The Order of Taking awarded $656.00. Mr. O'Haire i; agreeable to an attorney's fee of $150.00. This parcel should be settled for the $656.00 already paid, plus Mr. O'Haire's attorney's fee of $150.00, plus an appraisal fea of $440.00. JAN 10 1989 47 BOOK 75 PAGE 579 r ,JAS 1 0 89 BOOK 75 Er.EE 5S0 Parcel No. 162 - Richard and Arlyne Zorc At the hearing on this parcel, the Judge awarded $50,607.00 in the Order of Taking. The Zorcs are requesting an additional $13,335.30 as a full settlement. This amount is based on the cost to cure their loss of parking spaces. The County's position at the hearing on the Order of Taking was that severance damages 'plus the value of the land and improvements taken, would amount to $42,500.00 based on the estimates of our appraiser. At the hearing, the Judge appears to have taken the cost of cure approach, i .e. , the cost of replacing the parking approach favored by the Zorcs. The award at the Order of Taking hearing was very close to our appraiser's estimate of $50,420.00 based on this approach of replacing the parking. We could argue that the severance damage approach was a better one to determine the Zorcs' losses, however it appears that the Judge has already approved of the approach favored by the Zorcs. The additional compensation they are requesting would appear reasonable based on the fact that our appraisals were done six months prior to the Order of Taking and would need to be updated to the actual taking date. Also, there is a difference between the cost of paving and drainage estimated by our appraiser and the actual cost estimate submitted by the contractor. Our appraiser has also indicated that additional engineering, site design work, etc. would need to be performed and were not included in his calculations. In view of the fact that the Court has apparently looked with favor on the cost of cure approach recommended by the Zorcs rather than the severance damage approach put forward by the County; in view of the reasonableness of the. cost estimates; and in view of the additional expense to the County for updating our own appraisals, paying for the appraisals of the Zorcs, paying for the expert witness fees of both our appraisers and theirs, and the additional expense of a jury trial on these issues (increasing the Zorcs' attorney's fees at the rate of $200.00 an hour which would have to be paid for by the County), and; in view of the unlikelihood of -arriving at a final award any better than what is proposed in settlement, we should -consider settling for the additional $13,335.35 requested by the Zorcs, plus appraisal fee in the amount of $440.00, plus some reasonable attorney's fee. Mr. O'Haire-has requested a $9,500.00 attorney's fee but has not submitted time sheets which would justify or warrant this fee. Parcel No. 141 - Frank Zorc At the hearing on the quick take, the Judge entered an Order of Taking awarding $9,762.64 to Mr. Zorc. Mr. Zorc will settle for the amount already paid. Mr. Zorc's attorney, Eugene O'Neill, has requested an attorney's fee in the amount of $3,500.00. Mr. O'Neill has worked extensively on this case as I can verify from countless hours of correspondence and work on this case that I have spent with him in trying to arrive at settlement. I believe that this attorney's fee is reasonable. ANALYSIS Parcel No. 130 (Barnes), Parcel Nos. 139 and 140 (R. and A. Zorc), and Parcel No. 141 (F. Zorc) all involve the issue of a maintenance map. The County's only argument in these cases is that we maintained a grass area along old 12th Street and, thus, own that property. There was no maintenance map filed on these parcels until after the eminent domain suits were filed. In order for title to the 48 roads to vest in the County, the roads must be maintained for a period of four years. The property owners have title to the centerline of the old highway. The Judge accepted the fact that we were maintaining the paved road and two feet of shoulder, but since title to the property vested in the owners and our maintenance map was not filed for the statutory period, he rejected our claim of title to an additional grassed area. The only argument buttressing our position that we maintained these parcels is the fact that there are some drainage swales and utility poles in the grassed area and some testimony from our Road and Bridge Department that we mowed the grass and cleaned ditches. However, we don't have any official records of maintenance and, our chances of succeeding in any suit on these parcels are slim. On Parcel No. 162 owned by Richard and Arlyne Zorc, on the southeast corner of 12th Street and Old Dixie, a different situation exists. In this case, the County owned a 25 -foot recorded right-of-way from the centerline of the road. However, the road was roll -curbed some distance into the right-of-way and the Zorcs were utilizing the property between the curb and their building for approximately eight parking spaces. There is a legal issue as to how many "legal" parking spaces the Zorcs lost by virtue of our taking and we might have some chance to prevail on this issue, but in view of the fact that the Judge appears to have accepted the "cost to cure" approach rather than the severance damage approach, and in view of the fact that the cost estimates to cure appear reasonable, it would be in the County's best financial interest to settle this parcel rather than to incur substantial additional expenses in an attempt to advance an arguable position. RECOMMENDATION 1. Settle Parcel No. 130 for the amount already paid, plus an attorney's fee, appraisal fee, and expenses, all totalling $3,500.00. 2. Settle Parcel Nos. 139 and 140 for the amount already. paid into the Court, plus an additional payment of $978.30 for concrete curb work to provide driveway access, plus an appraisal fee in the amount of $440.00. Do not settle as to the attorney's fee requested ($2,500.00). - 3. Settle Parcel No. 141 for the amount already paid into the Court, plus an attorney's fee in the amount of $3,500.00. 4. Settle Parcel No. 162 by paying an additional $13,335.30 representing the cost to cure the loss of parking spaces. Do not settle for the attorney's fee requested ($9,500.00). 5. Settle Parcel No. 163 for the amount paid into the Court already, plus an appraisal fee of $440.00, and an attorney's fee of $150.00. 6. Go to Court on the issue of attorney's fees only for the Richard and Arlyne Zorc Parcel Nos. 139, 140, and 162. Mr. O'Haire has submitted time records on these parcels which total to $6,713.80. He has requested attorney's fees on these parcels in the amount of $12,000.00. Without further justification of these fees, it is worth going to a hearing on fees. JAN 10 19E9 49 DOOK ,JAN 1d�d9 BOOK .75 FACE 5.'32 Commissioner Bird commented that in all the work he has had done by attorneys, he has never had one charge him $200 an hour, and he wished to know if that is considered a reasonable charge. Attorney Vitunac noted that the reasonableness is up to the Judge, and Attorney Collins advised a common rate is $150 an hour. Mr. O'Haire is charging above the going rate, but he will be contending that with his experience, etc., he is worth it. Attorney Collins pointed out that we are recommending going to a hearing on the fees on some of the parcels. Commissioner Bird believed that staff review apparently is based on the hours of work, not on the rate charged, and he expressed his strong opposition to paying $200 an hour. Discussion continued at length regarding the possible outcome if these fees all were taken to court, and it was noted that the Attorney's hours continue to go up as we contest these things. Commissioner Eggert commented that Mr. O'Haire's fee was $150 an hour on Parcel No. 163, and Attorney Collins stressed that we will be going to court on three out of the four parcels Mr. O'Haire represents. ON MOTION MADE by Commissioner Scurlock, SECONDED by Commissioner Eggert, Commissioner Bird voting in opposi- tion, the Board by a 4-1 vote accepted staff's recommen- dations 1 through 6 listed in memo dated January 4, 1989. SOUTH COUNTY LIBRARY SITE - PURCHASE OF LEASEHOLD INTEREST OF LAUNDROMAT The Board reviewed the following memo: 50 TO: Board of County Commissioners FROM: DATE: Charles P. Vitunac, December 28, 1988 County Attorney RE: SOUTH COUNTY LIBRARY SITE - PURCHASE OF LEASEHOLD INTEREST OF LAUNDROMAT Board Meeting - January 10, 1989 Indian River County is presently the owner of the entire block on which the South County Library wi l l be built. In the southeast corner of the block there is an existing commercial structure presently leased to two tenants --(1) the Downtown Supermarket which has a lease which will expire December 31, 1991, and (2) a laundromat which has a lease which can be extended through April 30, 1997. In the original purchase contract, the seller, Mrs. Moon, reduce) her offering price by $50,000 specifically to provide the County with a fund to be used to purchase the remaining time of the leaseholds of these two tenants. Since construction of the library can occur while the tenants are still in place and since the cost to the County to purchase the remaining leasehold interest of the supermarket would far exceed the amount of money available, staff has focused on -attempting to negotiate a fair price for having the laundromat vacate the premises at the same time as the supermarket lease expires, i.e., December 31, 1991. The attached agreement purchases the leasehold interest -of the laundromat from December 31, 1991 until April 30, 1997 for the amount of $50,000 with no attorney's fees or extra costs. Attached are letters from H. T. "Sonny" Dean, Director of General Services, which list costs which may reasonably be expected to be incurred by the County in maintaining the Laundromat building past December, 1991. Also attached is a letter from the architectural firm of Dow, Howell, Gilmore, Associates, Inc., which lists- reasons why the architects recommend that the County purchase the leasehold interest of the laundromat. For the foregoing reasons, staff recommends that the Board authorize execution of the attached agreement. JAN 10 1989 51 BOOK 75 FaGL583� ,JAN i989 ALDEN B DOW • JAMES H WILLIAM H HOWELL • GILMORE • ASSOCIATES INC BOOK .75 FAA 584 450 S AUSTRALIAN AVENUE SUITE 604 WEST PALM BEACH FLORIDA 33401 (305) 655 2858 1 1 Mr. Charles Vitunac 1840 25th Street Vero Beach, FL 32960 Re: Indian River County Main Library Vero Beach, FL File: D-2.1 Dear Mr. Vitunac: ENGINEERS ARCHITECTS PLANNERS December 1, 1988 Although the actual design -for the library has yet to be finalized, it is becoming increasingly apparent that the co-existance of the proposed Library and the existing Laundry Facility on the same block is ill-advised and should be avoided. The following are a few issues, some practical and some subjective, which support this point: 1. Visual.Interference. The unsightly Laundry Facility creates a truly undesireable visual barrier -between the proposed Library and 21st Street, which•is a main thoroughfare for the city. Typically, you would want such high visability street frontage to project a dignified, welcoming - atmosphere which will invite the -public to use thg Library. 2. Incompatible Uses. The utilitarian purpose which the Laundry Facility serves will create pedestrian, auto and delivery traffic which could prove to be undesireable in a Library setting. 3. Site Expansion. Although we have yet to develop a final site plan for the proposed project, initial studies suggest it- may be difficult to provide the desired amount of parking on the current. property. Removing the Laundry Facility:will allow its site to be utilized for additional Library parking. DATE: TO: FROM: SUBJECT: DECEMBER 14, 1988 CHARLIE VITUNAC COUNTY ATTORNEY H.T. "SONNY" DEAN DIRECTOR OF GENERA S RVICES LAUNDRY BUILDING MAINTENANCE MAIN LIBRARY SITE Buildings and Grounds staff has inspected the subject building and made the following determinations: 1. Minor repairs can be made to extend the roof life for the next two years. Sometime in 1991 the roof will have to be have to be replaced along with repairs to the roof structure. Estimated cost for the project is $20,000.00 depending on the amount of structure damage found when the old roof is removed. 2. Operating maintenance to the building is estimated at a annual cost of $1,500.00. 3. Consideration should be given to the fact that if this building is to remain on site after completion of the library (1991) some exterior patching and painting would need to be done at an estimated cost of $3,500.00. 52 MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Eggert, to authorize execution of the Agreement for Release of Lease Rights with Ross Laundry and Cleaners, Inc., for the amount of $50,000. Commissioner Bird stated that although he did go along with it, he was not extremely happy with this site to begin with, and he is opposed to putting another $50,000 into it now. Commissioner Eggert advised that although she voted against purchase of this leasehold interest before, she has had a massive change of heart after talking to the architects. We have had the $50,000 in the budget from the beginning because Mrs. Moon dropped her price to compensate for the problem with the tenants, and looking at what the architects are contemplating, she now feels it is very necessary to get the tenants off the property in 1991. Commissioner Bird pointed out that Mrs. Moon had an asking price for the property, but he did not think we would ever have agreed to it. He believed we agreed to and paid the appraised price, and now he believed we are contemplating paying another $50,000 above the appraised price. Attorney Vitunac clarified that the appraised price was more than we bought it for, not quite by $50,000. Mrs. Moon's final offer at the time was $375,000 with her getting the tenants out. Her subsequent offer was to drop her price by $50,000 to $325,000, and it would be the. County's job to get the tenants out. We have spent a good year negotiating to get them to agree to exactly $50,000. Commissioner Eggert pointed out that the lessors will be continuing to pay rent and we will get part of this back. Commissioner Bowman commented that she, too, was opposed to this site, and she still is, but her feeling is that if we have to maintain and repair this building, it is just like pouring money down a rat hole. JAN 1®19 9 53 BOOK 75 r GE. ' d5 JAS! 10 boJ Fes/ +s BOOK b'5 WE 586 Chairman Wheeler advised that he has problems with this similar to those of Commissioner Bird. If we could tear the building down before we design the project, he felt it would be worth something, but under the circumstances, we can't and he, therefore, can't support the Motion. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried 3 to 2 with Chairman Wheeler and Commissioner Bird voting in opposition. RELEASE OF LEASE RIGHTS THIS INDENTURE, made this Ink_ day of 1989, by ROSS LAUNDRY AND CLEANERS, INC., January a Florida corporation, located at 4226 20th Street, Vero Beach, FL 32960, (407) 567-4545 (LAUNDRY), WITNESSETH THAT: For and In conslderatio1 of the sum of FIFTY THOUSAND DOLLARS ($50,000) to it In hand paid by INDIAN RIVER COUNTY, a political subdivision of the State of Florida (COUNTY), receipt of which is hereby acknowledged, Said LAUNDRY by these presents does relinquish to COUNTY effective at 11:59 P.M. on December 31, 1991, any and all right, title, and Interest LAUNDRY may have in that certain Lease, dated February 9, 1987, orginaliy made between' NANCY MOON, as Lessor, and ROSS LAUNDRY AND CLEANERS, INC., as Lessee, for use of property located at the northwest corner of 21st Street and 16th Avenue, Vero Beach, Florida, as a Laundromat. IN WITNESS WHEREOF, the undersigned LAUNDRY has set its hands an• seals on the date first above written. STATE OF FLORIDA COUNTY OF INDIAN RIVER ROSS INC. By LAUNDRY AND CLEANERS, Reynolds( leaSmith, President l) • SWORN TO and subscribed by REYNOLDS W. SMITH as PRESIDENT of ROSS LAUNDRY AND CLEANERS, INC. on this 13th day of 511 NOtART PUBLIC. STATE OF noniron. MIT COMMISSION EXPIRES& JUNE 25. 1199L ��4Isn 1MIIV NOT.01 PuilLIc YMngilw.I1IT\UL DISCUSSION OF MATTERS TO BE BROUGHT TO OUR LEGISLATIVE DELEGATION County Attorney Vitunac reported that Representative Patchett's secretary has advised that we have about one more week to bring up the items we wish to talk about, and Commissioner Eggert has suggested that we should prepare a wish list of things we want from the state. Commissioner Eggert noted that last year we asked that Route 60 be widened, and she would like to bring that up again. She wanted to ask that we get another $500,000 for the new Health Department Building, and she would like to have that come up through the County. She stressed that she would like us to encourage their continuing to fund library and cultural grants at the highest possible level. They want to cut some of those library grants, and we have depended on those in our operating budget. Commissioner Scurlock felt another key issue that we need to readdress is the funding of the DOT, how the DOT functions within counties, and more specifically, how they continue to transfer roads back to the county where we have to pick up their maintenance at considerable cost. It was his feeling that if the state would contract with the county for more of this work, we could do a better job and be more responsive. Commissioner Eggert believed mandates without funding is also something we should continue to bring up. As a separate matter, she informed the Board that at the Regional Planning Council she still is trying to get budgets separated. We have about 29% of the population in the northernmost counties, and we are not getting 29% of the funds. She confirmed that she will continue her efforts to try to get our appropriate share. Commissioner Scurlock asked if we should have a Motion to request the Chairman to attend the meeting of the Legislative Delegation along with other interested Commissioners to bring the topics we just mentioned to the attention of the Delegation, and Attorney Vitunac agreed that it makes more of an impact if the ,,RANI 19 1989 55 BOOK 75 F?5S'7 JAW 10 X989 BOOK FACE 588 Commissioners themselves are present to ask for these things, but suggested that his office also prepare a formal Resolution setting out the matters discussed. Commissioner Scurlock felt it would be appropriate if the Chairman were at the meeting to present the Resolution. Chairman Wheeler stressed his desire to continue to empha- size the need for more state prisons and asked that be added to the Resolution. Commissioner Bird thought we would want to renew our support of the replacement of the Barber Bridge and stress just how critical that is. It was noted that there are two bridges proposed to the south of us that have higher priorities and agreed that we must keep stressing our urgent need. Commissioner Scurlock brought up the possibility of being able to participate up front with the DOT and loan money for the bridge project with repayment at a later date. Hopefully this would move us up on their list of priorities. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Eggert, the Board unanimously authorized Chairman Wheeler to attend the meeting of the Legis- lative Delegation and present a Resolution to be prepared by the Attorney's office with input from each of the Commissioners. REPORT ON FARBER LAWSUIT AGAINST THE COUNTY Attorney Vitunac reviewed the following, which was submitted for information purposes: 56 TO: Board of County Commissioners 1------'r 0 ; • v tic .- i " '... .' - -C< FROM: Charles P. Vitunac, County Attorney DATE: January 9, 1989 RE: FARBER CASE I am enclosing a copy of an Order issued by Judge Kanarek in the Farber vs. Indian River County case, relating to the site plan of the McKee Jungle Garden's area. The Order rules in favor or Indian River County's position that the County's denial of the site plan submitted by the Petitioner was proper under the law. The County was lucky to have the able representation of William G. Collins on this matter, and I congratulate him for his victory. On Friday, January 5, the attorney for Vista Properties hand delivered a new lawsuit challenging the recent down zoning of the McKee Jungle Garden's property. Mr. Collins will be able to handle this case full time now that he is back in our office. Attorney Vitunac informed the Board that the County has won the case instituted by Farber appealing our site plan refusal. The judge ruled that the applicant did not meet alt the criteria in the site plan and our denial was correct; that was a major victory. The very next day, however, they filed another lawsuit challenging the rezoning issue. Attorney Collins believed the Order pretty well sets out why the Judge found as he did, and that basically was that the petitioner had the opportunity to amend the site plan and go back to the Planning Commission, but did not available himself of that process. He felt if the site plan had been amended as staff recommended, it might well have been approved. He continued that there was a second lawsuit they had filed originally that alleged a "taking." That was dismissed for procedural matters, but hE anticipated they wilt file again. 57 JAN I 0 199 BOOK 75 ,JAN 10 gJbJ BOOK b ��:�� 5% DRAFT OF PROPOSED ORDINANCE FOR A 14 SALES TAX Attorney Vitunac reported that the election is scheduled for March 14th, and state law requires our first ad be run in the week of the •5th through the 11th of February. That means the ordinance has to be be adopted before, and the most appropriate date would be the 31st of January. Attorney Vitunac explained that this is a proposed ordinance; he only has to advertise the title; and the language can be changed up until the 31st of January. The language in the ordinance can be no more than 75 words, and the present language is 73 words. He then read the proposed ordinance aloud. Commissioner Scurlock felt there is a question in that the original language we had was in regard to the county, and the question is would the municipalities be required to have a public hearing. As he understood it, the municipalities adopt all their capital projects through a public hearing process, and, there- fore, that would be assured. Attorney Vitunac confirmed that was their answer. Even without this language, they adopt theirs all at the budget session, and any change in the budget process of this magnitude would have to have a public hearing anyway. Commissioner Bird asked if the wording in the first sentence should read "Shall Indian River Co. adopt an 'additional' ftt sales .tax." Attorney Vitunac believed that would be confusing as we haven't adopted any yet - the other 64 is not adopted by us; it is the state's. Chairman Wheeler's only question was whether we should explain the $5,000 cap, and Commissioner Scurlock advised that it was felt that should be handled through the education process rather than making this more cumbersome. The intent was to keep this as simple as possible. Commissioner Bird still felt the word "additional" should be included, and he also assumed that land acquisition would be 58 interpreted to include land for parks. He felt that would be more appealing to the voters. Chairman Wheeler had a problem with including the word "additional." He felt it almost comes across negative and that it indicates we get the first 64 when actually the state gets most of that. Commissioner Eggert suggested it should be called a "local" 1$ tax, and Commissioner Bird felt that would be all right but stressed he would like to add the word "parks" somewhere. It was agreed to leave out the word "additional" and to add "parks" before land acquisitions. Commissioner Bowman commented that the proposed ordinance contained verbiage that could be eliminated, and Attorney Vitunac stated he would appreciate her help to get rid of any excess words. William Koolage, interested citizen and representative of A.A.R.P., had a question in regard to structuring this in 5 year increments. He realized it is proposed to go for the 15 years and wanted to know what assurance the public will be given of having a chance to review this every five years. Commissioner Scurlock felt we need to spread clearly on the Minutes that it is the intent of this County Commission to set a program up for each 5 years, and that in each fourth year a public hearing process would take place. ON MOTION by Commissioner Scurlock, SECONDED by Com- missioner Eggert, the Board unanimously declared that it is the full intent of this Commission to adopt budgets for the 14 sales tax in 5 year increments and hold public hearings in the fourth year of each increment. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Scurlock, the Board unanimously gave conceptual approval to the proposed 14 Sales Tax 59 JAN 1 0 1989 BOOK rA;E 09 Pr - JAN 10 1989 BOOK 75 PA E 592 Ordinance as amended and agreed to hold a public hearing on said ordinance on the 7th of February. Attorney Vitunac later informed the Board that it will be necessary to have a Special Call Meeting on January 31st because of the time frame related to adoption and advertisement of the 14 Sales Tax Ordinance. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Scurlock, it was unanimously agreed to amend the above Motion to have a Special CaII Meeting of the Board on January 31, 1989. PAYMENT OF VACATION - OFFICE OF MANAGEMENT AND BUDGET OMB Director Baird reviewed the following, stressing that he is not asking for anything any other county employee should not receive and further pointing out that he tried to take his vacation, but when former Administrator Wright left, he was told by then Acting Administrator Thomas that he had to cancel the two weeks' vacation he had already scheduled: 60 TO: DATE: SUBJECT: Members of the Board of County Commissioners January 4, 1989 PAYMENT OF VACATION OFFICE OF MANAGEMENT AND BUDGET FROM: Joseph A. Baird OMB Director DESCRIPTION AND CONDITIONS While in the position of Director of the Office of Management and Budget I have accumulated excessive amounts of vacation (336 hours). Under the current personnel guidelines we are only allowed to accumulate 150 hours of vacation. This will mean I lose 186 hours. For the most part, it is my feeling that the excess accumulation was due to circumstances beyond my control for the following reasons: 1. The following divisions were organized under the Office of Management and Budget pending the hiring of an Assistant County Administrator and because of the dissolution of the department of General Service: Sebastian Library Vero, Beach Library Emergency Management North County Fire District Animal Control Risk Management Veteran's Service Extension Service Youth Guidance Welfare Purchasing Probation 2. In addition to having the responsibility of _these divisions, many had substantial position vacancies. The purchasing manager and purchasing specialist positions were vacant for some time leaving only a secretary in purchasing. This meant the Budget Officer had to do the daily hands on purchasing. (Budget staff consisted of three employees total). The Risk Manager and secretary position in the Risk Management division were vacant leaving no employees to do insurance. Other divisions had vacancies within, shifting additional burdens on the Office of Management and Budget. 3. .The library divisions were new to the county system and had a new building program whichrequired a lot of time, training, organizing and working with library personnel directly. 4. I inherited divisions like Emergency Management, Veteran's Service, Youth Guidance, Welfare, and County Fire District which are not financial requiring research and time. 5. The Budget Office had to accomplish budget matters as well as keep the divisions under their authority functioning. Probation, the North in nature 6. I had requested several times immediate assistance in filling the vacant positions under my departments. I have accumulated a large amount of vacation leave of which I do not feel I should lose because of the circumstances listed above. If possible, I would like to see my maximum amount of vacation I can accumulate be increased from 20 days to maybe 30 days and the remaining balance I would like to be compensated for. JAN 1 O 1989 61 (Oow. 75 PA i L. 93 JAM 'd 69 BOOK 75 F,s.GE 594 Commissioner Scurlock advised that he has some very strong feelings about this and believed it best could be addressed by directing the Administrator to investigate and research this matter in detail and come back with a recommendation. He had a real problem in that this is not,the only case. For'example, Director Pinto is in a similar situation and also made a request. We require our department heads to take their vacations, and he felt there must be some limitations on building up this kind of leave. He did not question that OMB Director Baird had been asked to cancel his vacation, but felt strongly that this needs to researched and possibly a new policy set forth as he did not want to set a precedent we cannot live with. Commissioner Bird noted that he has talked to the Personnel Director about this also. Our personnel policy is pretty clear about how much vacation you can accumulate, and that has been in effect for quite a while. He also had a bit of a problem with the fact that OMB Director Baird works directly under the Board, and Commissioner Bird believed we must treat all consistently. He felt sure there were others in this situation over the years and believed it would be very difficult to go back and recapture all this and bring everyone up to date. He realized someone cannot always take a vacation when they want to, but it should be taken, and he would hope that it could be rescheduled. Commissioner Eggert agreed that vacation time should be taken, but did feel strongly that OMB Director Baird was in an absolutely unique situation with this because he really got dumped on as no one else did. She was sure there are other department heads who need to have their vacation time examined, but when this matter goes to the Administrator, she wants it to go with the strong feeling that Mr. Baird is in a unique situation. Commissioner Eggert pointed out that there is precedent - former County Attorney Brandenburg was paid for vacation when he was unable to take it. She felt if the situation is truly unique, that we should recognize this, try to 62 catch up where we need to, and then move forward from that time with the encouragement that vacation time must be taken. MOTION WAS MADE by Commissioner Scurlock, for the Administrator to pursue the matter of vacation pay for OMB Baird as discussed above and also vacation policy in general. Along with this subject, Commissioner Scurlock informed the Board that there is an issue addressed in our audit comments in terms of our payroll procedures that needs to be worked out. He asked that OMB Director Baird review this very briefly. OMB Director Baird explained that what is happening is that we pay an employee on Friday morning through Thursday, and the employees turn their forms in on a Wednesday. The Auditors feel with this procedure it is possible an employee could be off sick or on vacation and it wouldn't be picked up. This also affects overtime hours. The Auditors feel this procedure should be changed and that we should hold back a weeks' pay. This matter will be brought back to the Board at another time. Commissioner Bird wished to know how much money is involved with Director Baird's vacation time.. OMB Director Baird felt it was possibly $5,000 to $6,000. Director Pinto stated that about the same amount would be involved in his case., Discussion continued as to what extenuating circumstances would be, and Commissioner Eggert felt there is a lot of difference between the inconvenience of taking a vacation at a certain time and being told you cannot take a vacation. Commissioner Scurlock commented that the same individuals who are involved had travel out of county. They could do that, but they couldn't take vacation time. Commissioner Eggert pointed out that out -of -county travel involves county business, and Chairman Wheeler noted that maybe 63 JAN 10 1989 BOOK 75 PAGE 5Y5 JA i 6 1Jb9 EOOK 75 PGE 5 6 the reason they can't get away on vacation is because they are out of town on county business. He emphasized that he does not want to see dedicated employees who work hard lose vacation time because they have spent time working; vacation time is something they have earned, and where we draw the line is debatable. Commissioner Bowman felt that once we get over this particular hurdle, it then should be clearly spelled out in the Personnel rules that either you take the vacation or lose it. It was noted that is already spelled out. OMB Director Baird wished to point out that in Division Head meetings a year and a half ago, they were all told that if you can't take your vacation, you won't lose it. Since then, of course, there has been a turnover in staff. Administrator Chandler felt you can develop a policy that can be adhered to that will benefit the personnel, but at the same time clearly indicate they need to take their vacation within certain time frames. The City of Hollywood had such a policy, and he did not know of any case where anyone lost any vacation time. He stressed, however, that this policy must be clear cut; it must be adhered to, and it must be applied consistently. Mr. Chandler did not know what liability we may be looking at here, and he will have to research that. Commissioner Bird SECONDED the Motion made by Com- missioner Scurlock to have the Administrator research the matter of Director Baird's vacation and vacation policy in general. The Motion was voted on and carried unanimously. FINANCE ADVISORY COMMITTEE REPORT Commissioner Scurlock informed the Board that the Committee unanimously recommended that language very similar to what we passed today be adopted for the 14 Sales Tax Ordinance. We have 64 individuals on the Committee who will be carrying the banner for us to various civic groups. He personally will have the first meeting tomorrow with the Taxpayer's Association and will take Administrator Chandler with him. Commissioner Scurlock informed the Board that Clerk Jeffrey Barton has indicated an interest in serving on the Finance Advisory Committee, and he would ask that Mr. Barton be added to that Committee as a voting member. Commissioner Scurlock further reported that Chairman Wheeler asked him to attend the Audit exit meeting since he had been Chairman last year and heavily involved in the Finance Committee. One of the audit comments made under the Board and also under the Clerk is a request for us to to address the issue of an interne auditor. OMB Director Baird has been thrust into that position many times, and it was very cumbersome. Commissioner Scurlock advised that the Finance Advisory Committee tentatively would recommend that we go with an internal auditor and also tentatively recommend the establishment of an Internal Audit Committee. The suggested composition of that committee at this time would be Mr. Barton from the Clerk's side, Mr. Baird who works directly under the Board, himself as Chairman of the Finance Advisory Committee, and two members of the Finance Advisory Committee have volunteered - Mr. Morrison and Mr. Putnam. He has not yet had a chance to discuss this with the new Administrator, but the feeling was that the Internal Auditor has to be completely independent and able to do his work independently and then make a recommendation through that Audit Committee to be forwarded to the Commission. Commissioner Scurlock anticipated that position would not be a mid -year hire but would be considered in next year's budget. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bird, the Board unanimously approved the addition of Clerk Barton to the Finance Advisory Committee as a voting member. JAN 101989 65 Ewa 75 FACE Y,117 Fr - JAN 10 IJU9 BOOK 75 FACE 598 DOCUMENTS TO BE MADE A PART OF THE RECORD Petition for Admission of Thomas Jackson to A. G. Holley State Hospital has been received and put on file in the Office of Clerk to the Board. NORTH COUNTY FIRE AND SOUTH COUNTY FIRE The Chairman announced that immediately upon adjournment, the Board would reconvene sitting as the District Board of Fire Commissioners of the North Indian River County Fire District and upon adjournment of that meeting would reconvene sitting as the District Board of Fire Commissioners of the South Indian River County Fire District. Those Minutes are being prepared separately. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 10:30 o'clock A.M. ATTEST: Clerk 66