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1/17/1989
Tuesday, January 17, 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 17, 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 Chandler, County Administrator; Charles P. Vitunac, Attorney to the Board of County Commissioners; Joseph Baird, OMB Director; and Barbara Bonnah, Deputy Clerk. The Chairman called the meeting to order and led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Wheeler requested the addition to today's Agenda of a discussion regarding the coordination of the new courthouse and library projects. Administrator Chandler requested an addition regarding the refinancing of FmHA debt in the Utility Department. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously added the above items to today's Agenda. APPROVAL OF MINUTES The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of December 20, 1988. There were none. JAN 17 1989 ROOK FnE!I) '1999 JAN 1 BOOK �'� h`.GE. 600 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously approved the Minutes of the Regular Meeting of 12/20/88, as written. CONSENT AGENDA A. Report Received and placed on file in the Office of Clerk to the Board: Operational Performance Audit of the Office of State Attorney, 19th Judicial Circuit, for period July 1, 1986 through June 30, 1988 B. Report The Board reviewed the following memo dated 1/4189: MEMORANDUM ©MCC OO r THE T AX GENE E. MORRIS, C.F.C. TAX COLLECTOR TO: Board of County Commissioners FROM: Gene E. Morris, Tax Collector SUBJECT: Occupational Licenses DATE: January 4, 1989 P. O. Box 1509 VERO BEACH. FLORIDA - 32961 TELEPHONE: (407) 567.8180 SUNCON 9 424-1338 Pursuant to Indian River County Ordinance No. 86-59, please be informed that $3,571.85 was collected in occupational license taxes during the month of December 1988, representing the issuance of 158 licenses. Gene E. Morris, Tax Collector 2 C. Appointment of Judge Joe Wild to the County Correctional Planning Committee The Board reviewed the following memo dated 1/6189: DANIEL M. KILBRIDE COUNTY JUDGE January 6, 1989 Mate of 3Fluribu Ninetetntli Jubiciul (ltircuit (Ituuntg Coat of Jntian Muer (2tuuntg Jan Masi 1840 25th Street Vero Beach, Florida 32960 RE: County Correctional Planning Committee Dear Jan: I would be happy to serve on the above committee. Sincerely, Joe Wild County Judge COUNTV COURTHOUSE VERO BEACH. FLA. 32960 PHONE: 0051 56741000 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously appointed Judge Joe Wild to the County Correctional Planning Committee. D. Budget Amendment #027 - Automobile Allowance Personnel Director The Board reviewed the following memo dated 1/9/89: 3 JAN 17 1989 BOOK 75 PALL 601 JAN 1 ? 89 BOOK 75 is,A,LE 602 TO: DATE: SUBJECT: Members of the Board of County Commissioners January 9, 1989 BUDGET AMENDMENT - 027 AUTOMOBILE ALLOWANCE PERSONNEL DIRECTOR CONSENT. AGENDA FROM: Joseph A. Baird OMB Director DESCRIPTION AND CONDITIONS In the meeting of January 3, 1989, the Board of County Commissioners approved an automobile allowance for the Personnel Director. The attached budget amendment transfers funds from the General Fund Contingency to Personnel Department/Automobile Allowance. ANALYSIS The General Fund (001-199-581-099.91) contingency had a balance of $745,795.00 as of January 3, 1989. Recommendation Staff recommends the Board of County Commissioners approve budget amendment 027. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved Budget Amendment #027, Baird. TO: Members of the Board of County Commissioners FROM: Joseph A. Baird OMB Director as recommended by OMB Director SUBJECT: BUDGET AMENDMENT NUMBER: 027 DATE: January 9, 1989 Entry Number 1 Funds/Department/Account Name Account Number Increase Decrease 1. EXPENSE GENERAL FUND/Personnel Automobile Allowance 001-203-513-034.01 $ 2,475.00 $ 0 GENERAL FUND Reserve for Continctencv 001-199-581-099.91 0 $ 2,475.00 4 E. Budget Amendment #026 - Tax Bills The Board reviewed the following memo dated 1/9/89: TO: Members of the Board of County Commissioners DATE: January 9, 1989 SUBJECT: BUDGET AMENDMENT - 026 TAX BILLS CONSENT AGENDA FROM: Joseph A. Bair OMB Director DESCRIPTION AND CONDITIONS Indian River County received several ad valorem and special assessment tax bills this year which were not budgeted. Some of the tax bills were for taxes due on property we purchased during the year and others were for the new Solid Waste Disposal District assessment which county property is not exempt from. The total amount of the tax bills was approximately $44,023.00 which was charged to the following departments: FUND General Ftnxl/General Services Library Construction/Main Library South county Fire Golf Course Utilities/Water Utilities/Sewer North county Fire/Roseland North County Fire/Sebastian AC XX)NT NUMBER 001-202-513-034.33 322-109-571-066.11 114-120-522-035.29 418-236-572-035.29 471-219-536-035.29 471-218-536-035.29 115-122-522-034.39 115-125-522-034.39 AMOUNT $22,703.52 4,565.21 356.83 4,027.97 6,619.17 1,243.18 152.78 354.44 $44,023.11 ANALYSIS The Fire Departments and Enterprise Funds were able to offset the expense of the tax bills; however, the General Fund will need a budget amendment from General Fund contingencies in the amount of $22,604.00. General t1989 (001-199-581-099.81) contingency balancewas $745,795 as of January 3, RECOMMENDATION Staff recommends the Board of County Commissioners approve budget amendment 026. 5 JAN 17 1989 BOOK 75 PALE 603 JAI 1 d 1999 BOOK 75 f'.WE 604 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved Budget Amendment #026, as recommended by OMB Director Baird. TO: Members of the Board of County Commissioners FROM: Joseph A. Baird OMB Director SUBJECT: BUDGET AMENDMENT NUMBER: 026 DATE: January 9, 1989 Entry Number Funds/Department/Account Name Account Number Increase Decrease 1. EXPENSE GENERAL FUND/General Service Garbage and Solid Waste 001-202-513-034.33 $22,704.00 $ 0 $ 0 $22,704.00 Reserve for Contingencies . ,001-199-581-099.91 F. Budget Amendment #024 - Radiological Grant The Board reviewed the following memo dated 1/9/89: TO: Members of the Board of County Commissioners DATE: January 9, 1989 SUBJECT: BUDGET AMENDMENT - 024 RADIOLOGICAL GRANT CONSENT. AGENDA FROM: Joseph A. Bairdt? OMB Director DESCRIPTION AND CONDITIONS In the meeting of August 16, 1988, the Board of County Commissioners approved an agreement between the State of Florida Community Affairs and Indian River County in which the County shall receive an amount not to exceed $34,929 for performing certain Emergency Management functions to comply with the U.S. Nuclear Regulatory Commission. The attached budget amendment appropriates the funds for the above mentioned grant. RECOMMENDATION Staff. recommends the Board of County Commissioners approve budget amendment 024. 6 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved Budget Amendment #024, as recommended by OMB Director Baird. 20: Members of the Board of County Commissioners ?ROM: Joseph A. Baird"/ OMB Director ` ..��..��'' SUBJECT: BUDGET AMENDMENT NUMBER: DATE: 024 January 16, 1989 Jntry Zumber Funds/Department/Account Name _Account Number Increase Decrease GENERAL FUND E M S Gant 001-000-334-291,00,$34.929.00 S 0 EXPENSE GENERAL FUND/Emergency Manage. S=Iarties and Fringe Benefits 001-208-525-037,211 $16,879.00 S 0 Travel 001-208-525-037.22 $ 800.00 S 0 Su •1'es '0 - .8-52 -037 23 750.00 0 ti,_ !Es k- I -s- a Instructor 0_-.18-.25-037.24 _Q0.-208-525-037.31 001-208-525-037.32 00_- 08-5 5-037.3• 601.00 $ 320.00 $ 340.00 600.00 Qr S Q_ $ 0 0 Supplies S. es. e tes•onse on rac u Sery'ces- 001- 08-525-037. 1 10 080.00 Tr 001-2Q8-325-037.42 $ 300.00 $ Q_ -vel Spplies 001-208-525-037.43 00 -208-525-037.44 S 500.00 _00.$0 S 350.00 $ 0 0 S 0 f u Telephone Washdown Eauinment 001-208-525-037.46 Lighting -Reception Center 001-208-525-037.51 $ 700.00 $ 0 Communications Q01-208-52.5-037.61 001-208-525-037.76_S S 360.00 250.00 $ 0 S, 0 Radiological Instr. Maint. G. Community Services Block Grant Housing Rehabilitation Program Application The Board reviewed the following memo dated 1/3/89: 7 JAN 1 7 1989 BOOK 75 F W[ BOOK 70, F.ACL 606 TO: The Honorable Members of the DATE: January 3, 1989 FILE: Board of County Commissioners THROUGH: James E. Chandler County Administrator SUBJECT: Community Services Block Grant Housing Rehabilitation Program Application FROM: '�(` REFERENCES: Guy L. Decker, Jr. Executive Director I.R.C. Housing Authority r�. It is recommended that the data herein presented be given formal consideration by the County Commission. DESCRIPTION AND CONDITION: The State of Florida's Department of Coumunity Affairs advised Indian River County they will accept applications for projects to be funded through the Community Services Block Grant (CSBG) for local activities to assist low-income individuals. Section 675 (C)(1)(a) through (E), Public Law 97-35, as amended, and Administrative Rule 9B-22, Florida Administrative Code, provide the criteria for such projects. These grants will be for a six-month period from April 1, 1989 through September 30, 1989, and the alloca- tion for Indian River County to cover administrative costs is $6,295.00. Applications must be postmarked no later than February 1, 1989. The Indian River County Housing Authority is the non-profit subgrantee for the Indian River County Commissioners. The program covered under this grant will provide rehabilitation consulting services which will activate rehabilitation funding from governmental sources. The Farmers Home Administration Section 504 Program provides housing rehabilitation funds in the form of (1) low-interest loans, (2) loans and grants, and (3) grants to the low-income elderly owner -occupant. There are approximately 805 owner -occupied substandard housing units suitable for rehabilitation in Indian River County. Low-income and elderly families lack the Honey to make their homes safe and sanitary. This program will be targeted in the three most distressed areas of the County: Wabasso, Gifford and Old Oslo Park. We plan on assisting between 8 and 14 low-income and elderly owners in bringing their homes up to safe and sanitary standards. ALTERNATIVE AND ANALYSIS: This is our seventh funding cycle under legislation passed by Congress which consoli- dated various social programs into the blockgrant categories for administration by the State and local government, and funds not applied for from the Community Services Block Grant Program will be redistributed among counties that make application. RECOMMATION AND FUNDING: We respectfully request the County Commission to authorize its Chairman to execute the Community Services Block Grant Program Application for submission to Florida's Depart- ment of Community Affairs along with the required accompanying Resolution. This program will bring about improvements in safety and sanitation for approximately 14 homeowners. The average cost of improvements will be $5,000 per unit. The $6,295 Grant plus $2,697 of cash and in-kind contribution by the Housing Authority would be supplemented with about $72,000.00 in loans and grants from the Farmers Home Administration. This program requires no additional County Funds. 8 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously adopted Resolution 89-8, authorizing the Chairman of the Board to execute an application for a housing rehabilitation program to assist low-income families as administered by the State of Florida Department of Community Affairs. 9 BOOK 75 P4.E1 D[ Pr - ,JAN i93 RESOLUTION NO. 89- 8 BOOK75[A � 'rrA A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN'OF THE BOARD TO EXECUTE AN APPLICATION FOR A HOUSING REHABILITATION PROGRAM TO ASSIST LOW-INCOME FAMILIES AS ADMINISTERED BY THE STATE OF FLORIDA'S DEPARTMENT OF COMMUNITY AFFAIRS. WHEREAS, the Board of County Commissioners of Indian River County has reviewed this proposal and has received the recom- mendation from the Executive Director,,..of the Indian River County Housing Authority, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman and the Clerk of the Board of County Commissioners are authorized to execute the attached Application to the State of Florida's Department of Community Affairs for a Community Services Block Grant Program (CSBG). The foregoing resolution was offered by Commissioner Scurlock who moved its adoption. 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 Margaret C. Bowman Aye Commissioner Richard N. Bird • Aye Commissioner Don C. Scurlock, Jr. Aye • The Chairman thereupon declared the resolution duly passed and adopted this . 17th day of January, 1989. ATTEST: BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA APPROVED AS TO FORM AND LEGAL SUFFICIENCY By Charles P. Vitunac County Attorney 10 H. Approval of Bond for Margaret Ingram, Trustee of the IRC Hospital District ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved the Bond for Margaret Ingram, Trustee of the IRC Hospital District. BOND IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD REQUEST TO DRAFT A "NO LOITERING" ORDINANCE BY REV. DONALD BROWN:- Tabled ROWN-Tabled from 1-3-89 Meeting The Board reviewed the following memo dated 1/11/89: TO: The Board of County Commissioners FROM:L, -William G. Collins II - Assistant County Attorney DATE: January 11, 1989 SUBJECT: "No Loitering" Ordinance On January 3, 1989 a public discussion item was tabled from the BCC agenda relating to a "No Loitering" ordinance. Sharon Brennan of the County Attorney's Office has subsequently reviewed "No Loitering" ordinances from Ft. Myers and Lee County. She has contacted government attorneys- in Lee County who have informed her that these ordinances have been subject to constitutional challenge but have withstood those challenges in court. Donald Brown, who initiated the request, has contacted Sheriff Dobeck who is supportive of investigating such an ordinance. Copies of the Ft. Myers ordinance, along with a state statute on loitering are attached. Also, F.S. 893.138 provides a procedure for counties to set up administrative boards to abate drug related public nuisances. RECOMMENDATION Explore forming a committee made up of one representative from the Sheriff's Department, one from the State Attorney's Office, one from the County Attorney's Office, and two citizens from the community to determine if any new ordinance would be helpful in deterring the problems identified by Mr. Brown, or if adequate authority exists under existing law. 11 JAN 17 1989 0 BOOK uu(;(J JAN [' 3 BOOK Ha 610 Commissioner Bird understood that this committee also would explore the need for such an ordinance, and Attorney Vitunac advised that the Board could decide today whether or not an ordinance was needed. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Eggert, that the Board approve staff's recommendation which is to establish an ad hoc committee for a limited term for this specific task only. Under discussion, Assistant County Attorney Bill Collins explained that the Sheriff's Office is generally in support of having such an ordinance, but wants to make sure that it would be enforceable and that it is not covered under an existing law. Commissioner Bowman noted that the Lee County ordinance refers to place and buildings, and she felt there might be some question of who owns the right-of-way since that is where the drug dealing takes place. Commissioner Scurlock assumed that is one of the things this committee would explore. He felt that because there are so many unanswered questions in this matter, there is no way the Board could address the subject today. In order to pass an ordinance, we have to follow all the procedures of advertising for a public hearing, etc. Commissioner Eggert pointed out that we are having increasing problems of people loitering within our libraries, and wondered how we would deal with that. Whether that is a city problem or a county problem, it is a problem that will only increase as we build our new libraries. Chairman Wheeler suggested that the Motion include that the Board appoint a representative from each department and Reverend Brown as one community member, and then collectively they can select the second member from the community to serve on the committee. 12 Commissioner Scurlock stated that was the intent of his Motion, and also that this would be an ad hoc committee that wouGd be abolished in a certain number of days after they have brought their final report to the Board. Reverend Brown advised that a petition was circulated through their community concerning this drug situation, and they have 6O signatures from both black and white citizens, who would like to see a "no loitering" ordinance adopted. He explained that he haa; two sons who work for the Sheriff's Department, one is a detective and one is a deputy, and the citizens come to him all the time because they believe that he knows what is going on. Reverend Brown stressed that drug dealing is not just a problem in the Gifford or Oslo Road areas, it is a Indian River County problem, and he believed that if an ordinance is passed, such as the one they have adopted in Lee County, the Sheriff can enforce it and get these drug dealers off the corners. The community would appreciate anything the County could do to get an ordinance passed, and felt the establishment of this committee would be a good place to start. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion, including the appointment of Rev. Brown to the committee, passed unanimously. PUBLIC HEARING - ORDINANCE RELATING TO CERTIFICATION OF BASIC AND ADVANCED LIFE SUPPORT SERVICES, EXPANDING THE DEFINITION FOR EMS DIRECTOR AND PROVIDING EMERGENCY POWERS TO THE DIRECTOR The hour of 9:05 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, tc wit: 13 ,JAN 17 1989 B00K 7 JAN Yid 1989 1 VERO BEACH PRESS -JOURNAL Published Dolly 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 Pless•Journal, a daily newspaper published a1 Vero Beach In Indian River Calmly. Florida; that the allashed copy of advertisement. being a In the Court. was pub. tithed M Bald newspaper In the Imes of /LCL I.P� / 54. /91Y Alban! lurlhet says that the said Vero Beach Press•Journal is a newspaper published as Vero Beach. In said Indian River County. Florida. and That the said newspaper has herelolme been continuously published In said Indian Ryer County. Florida. each daily and has been entered as second class mall matter al the post elite In Vero Beath. In said Indian River Court. ly. Florida. lora period of one year nerd preceding the first pub! callon of the attached cony of edverlisemenl; and allient lorther says that he has neither pad nor promised any person. f Irm or corporation any discount. rebate, commission or refund for the purpose of securing lids 5..adverllsemeni ler publicallon M the said newspaper. Seers lo and subscribed before me this _r,, D dayR? �IB IS i Mosinee; eaanagerl'w(92 (SEAU (Clerk`ot Inti l�rF�waai— BOCK t NOT(CE The Board of County Commissioners of Indian River County, Florida. hereby provides notice of a Public Hearing scheduled for 9:05 A.M. on Tuesday. January 17, 1989, to discuss a pro- posed ordinance emitted: AN ORDINANCE OF INDIAN RIVER . COUNTY. FLORIDA. AMENDING ORD/- . NANCE NO. 87-66. WHICH RELATES TO . CERTIFICATION OF BASIC AND AD- VANCED LIFE SUPPORT SERVICES. BY PROVIDING AN EXPANDED DEFINITION FOR EMS DIRECTOR AND PROVIDING ; EMERGENCY POWERS TO THE DIRECT ,TOR. -. l . ; d . 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. •'• Dec. 30, 1988 The Board reviewed the following memo dated 1/3/89: 612 TO: Board of County Commissioners DATE: January 3, 1989 FILE: SUBJECT: Amendment of Ordinance Number 87-66 FROM: Doug Wright, Director REFERENCES: Emergency Management Services Pursuant to the Indian River County Board of County Commissioners unanimously approving the Department of Emergency Management'Ser- vices proposal to establish a single focus of management for EMS ALS related activities 'within the County, it was evident that the existing language was insufficient for defining the EMS Director's definition. As a result, some research has been accomplished' and a new defin- ition for the EMS Director as approved by the County Attorney is attached for your review and approval if you deem it appro- priate. Approval is recommended in order that the EMS providers clearly understand the duties and responsibilities of the EMS Director and that the single focus of management is identified. It was also felt that some emergency powers should be available to the EMS Director on a temporary basis should a worst case scenario occur at a time when the Board of. County Commissioners were not available to meet on an emergency basis and'some limited language addresses this possibility. Approval by the Board of County Commissioners will provide for .the timely implementation of the ALS service being administered by the County staff. 14 Commissioner Eggert advised that the Emergency Services Coordinating Committee unanimously recommends adoption of this ordinance. Chairman Wheeler opened the Public Hearing, and asked if anyone wished to be heard in this matter. There were none. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Eggert, the Board unanimously adopted Ordinance 89-4, amending Ordinance 87-66, which relates to certification of basic and advanced life support services, by providing an expanded definition for EMS Director and providing emergency powers to the director. ORDINANCE NO. 89- 4 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 87-66, WHICH RELATES TO CERTIFICATION OF BASIC AND ADVANCED LIFE SUPPORT SERVICES, BY PROVIDING AN EXPANDED DEFINITION FOR EMS DIRECTOR AND PROVIDING EMERGENCY POWERS TO THE DIRECTOR. BE IT ORDAINED by Indian River County, acting through its Board of County Commissioners, that: SECTION 1. CHANGE IN DEFINITION OF EMS DIRECTOR The definition of "EMS Director," as provided in Section 2 of Indian River County Ordinance No. 87-66, which presently reads as follows: "EMS Director - shall mean the Director of Emergency Management Services of Indian River County, Florida." shall be changed to the following: EMS Director - shall mean the Director of Emergency Management Services of Indian River County, Florida, charged with the responsibility and authority to supervise, direct, and administer the EMS, ALS, and BLS systems on a county -wide basis to • effectuate delivery of pre -hospital 15 JAN 17 199 BOOK ` 75 F!,E. 61 JAN 1? 1989 BOOK / 5 P9 ;F_ 6.14 emergency medical services. If a situation exists which poses a serious or imminent threat to the health, safety, welfare, or public need and convenience, the EMS Director shall have such temporary emergency powers as are necessary to remedy the situation. SECTION 2. EFFECTIVE DATE This ordinance shall become effective immediately upon becoming law. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 17th day of January , 1989. This ordinance was advertised in the Vero Beach Press Journal on the 30th day of December , 1988, for a public hearing to be held on the 17th day of January 1989, at which time it was moved for adoption by Commissioner Bowman seconded by Commissioner Eggert , and adopted by the following vote: Attest: Chairman Gary C. Wheeler Aye Vice Chairman Carolyn K. Eggert Aye Commissioner Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By airman 16 PUBLIC HEARING - AMENDMENT TO ZONING CODE ALLOWING THE STAMPING OF NON-METALLIC GASKETS IN HEAVY COMMERCIAL ZONING DISTRICT The hour of 9:05 o'clock A.M. having passed, the Deputy Clerk li read the following Notice with Proof of Publication attached, to wit: VERO BEACH PRESS -JOURNAL Published Dally 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 nalh says that he is Business Manager of the Vero Beach Press -Journal. a dolly newspaper published el Vero Beach In Indian River County, Florida: that INC attached copy of advertisement, being • 'Y .ro uD ao. I In the matter of O✓Yw nia"-Z`^-,+ • In the � g p- Court; was pub- lished In said newspaper in INC Issues olC^}¢e J 11 p Affront Further says that the said Vero Beach Press -Journal 1s a newspaper published at Vero Beach. In said Indian River County. Ftortda. and that the said newspaper has herelelore been continuously published In said Indian River County. Florida. each daily and has been &Meted se second class mall matter a1 the post office in Vero Beach, in said Indian River Coun- ty, Ftortda, tore period of one year next preceding the first publication of the attached Copy of advertisement; and altlanl further says that he has neither paid nor promised any person, Ilrm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication In the said newapaper. Swam 1a and subscribed before me this • 7_ day o A D. 15 � 7 � MEAN Nnhy Pahtk. ahnn r,1 •tend• r Corrunittion expires June 29, iss, NOTICE—PUBLIC NOTICE NOTICE IS HEREBY GIVEN That the Board of County Commissioners of Indian River County, Florida, shall hold a public hearing at which par- ties In Interest and citizens shall have an oppor- tunity ppor- In the County Commission Che berfthe to b ohCounty Administration Build- ing, located at 1840 25th SL, Vero Beach. Flor- ida, on Tuesday, January 17, 11189. at 9:05 a.m.• to consider the adoption of an Ordinance enti- tled: AN .ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA AMENDING SEC- TION 20.1 CH: HEAVY COMMERCIAL DISTRICT AND SECTION 25.1. REGU- , LATIONS FOR SPECIFIC LAND USES, OF APPENDIX A OF THE CODE OF LAWS AND ORDINANCES OF INDIAN RIVER COUNTY, FLORIDA, KNOWN AS THE ZONING CODE, PROVIDING FOR ' LIC GASKETS IINNRE THE CH DISTE ICT, AND PROVIDING FOR SPECIFIC CRI- INTERIA FOR ESTABLISHING THE CH DISTRICT; AND PROVIDING NG FOR REPEAL OF CONFUCTING PROVI• - SIONS; CODIFICATION; SEVERABIUTY; 1 • ANO EFFECTIVE DATE. , A copy of the proposed Ordinance Is available at the Planning Department office on the second floor of the County Administration Building. Anyone who may wish to appeal any decision f which may be made at this meeting will need td ensure that a verbatim record of the proceeding i Is made which Includes the testimony and evt. dance upon which the appeal will be based. Indian River County Board of County Commissioners . By: -s -Don C. Scurlock . . Chairman • • i ••t to • Dec. 27. 1988 - The Board reviewed the following memo dated 12/28/89: TO: James Chandler County Administrator DIVISION HEAD CONCURRENCE: M. Kea in Art" Robert SUBJECT: , Planning & Dever pm n Director DATE: December 28, 1988 FILE: FROM: 121141 -...Robert M. Loepe121141-... QUALITY SEALS REQUEST AMEND THE CH DISTRICT ALLOW THE STAMPING OF NON-METALLIC SEALS AD GASKETS Staff Planner REFERENCES: D TO TO It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of January 17, 1989. BACKGROUND CONDITIONS This is a request to amend the CH, Heavy Commercial District to permit the stamping of non-metallic gaskets and seals. The request has been initiated by Michael O'Haire on behalf of Quality Seals. 16a JAN 17 1989 BOOK JAN 1`d 1989 BOOK 75 `,,E 616 Currently, the county's zoning code uses the standard industrial classification (SIC) code to identify uses allowed in various zoning districts. By using general SIC classifications, uses are grouped into broad categories. Generally, those SIC categories relating to manufacturing operations are limited to industrial districts by the zoning code. However, some manufacturing uses have characteristics which are similar to heavy commercial uses and may not need to be limited to industrial areas. The applicant contends that is the case in this instance. In requesting that the stamping and cutting of non-metallic seals and gaskets be permitted in the CH, Heavy Commercial district, the applicant has provided staff with both product and process information. This information indicates that the non-metallic materials used in this operation include fiberous paper, cork, rubber and plastic. These materials are provided by other manufacturers and no mixing, batching, extrusion, molding or production of materials, occurs on site. The materials are provided in roll or sheet form and finished by use of hydraulic or pneumatic cutting and stamping presses. Upon completion of these operations, there remains the finished product and the cut waste of the original material. On December 8, 1988, the Planning and Zoning Commission voted 4-0 to recommend approval of this request. ALTERNATIVES & ANALYSIS In analyzing this request, it is necessary to consider the purpose and intent of the CH district and compare these to the characteristics of the proposed use. The CH, Heavy Commercial District has as part of its purpose and intent to provide areas for establishments engaging in wholesale trade, major repair services and restricted light manufacturing. Specific industrial uses which are permitted include food and beverage production, furniture and fixtures manufacturing and repair, and printing and publishing industries. More intensive industrial uses such as fruit and vegetable juice extraction and packing are permitted as special exceptions. Currently, industrial uses involving rubber and miscellaneous plastics products are permitted in the IL, Light Industrial District. In reviewing this request, staff considered the possible adverse impacts which would likely occur as the result of this type of activity. Primary concern would include noise, odor or fumes, heat, smoke and other air pollution. The process involved is basically a stamping operation which could be considered similar to many printing press or paper cutting processes. Because the process does not involve the production of any materials, there is little likelihood of the production of toxic or obnoxious heat, fumes or similar types of pollution to occur. The CH district has in place several criteria requiring separation and buffering of uses from residential districts. These standards are the same as those included in the IL district. Therefore, the proposed use will not adversely impact adjacent residential areas. Other characteristics of the proposed use, including traffic generation, loading activity, and solid waste production, are similar to existing CH uses and are addressed on a case by case basis through the site plan approval process. 16b In staff's opinion the proposed use is consistent with the purpose and intent of the CH district. The use also has characteristics similar to the uses already allowed in CH areas. For those reasons staff feels that the proposed use should be a permitted use in the CH district. RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the proposed ordinance amendment. Commissioner Bowman wondered what kind of solid waste problem this would cause, but Chairman Wheeler pointed out that they would have to comply with the requirements for solid waste no matter where they operate in the county. Commissioner Scurlock felt that the Utilities Dept. should take a look at the situation, however, and work with them so than if there is a waste problem, it would be handled properly. Chairman Wheeler opened the Public Hearing, and asked if anyone wished to be heard in this matter. Michael O'Haire, attorney representing Quality Seals, explained that the basic material used in manufacturing gaskets is cork, not plastic. They do use some plastic and rubber, however. The use is very similar to printing, which is already a permitted use. He urged the Board to adopt the ordinance allowing this use in the Heavy Commercial District. There being no others who wished to be heard, Chairman Wheeler closed the Public Hearing. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously adopted Ordinance 89-5, amending the Heavy Commercial District (CH) to allow the stamping of non-metallic seals and gaskets. 17 JAN 17 1989 BOOK 75 PAGE. 1' BOOK 75 f,GE 6Th ORDINANCE NO. 89- 5 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20.1. CH: HEAVY COMMERCIAL DISTRICT, OF APPENDIX A OF THE CODE OF LAWS AND ORDINANCES OF INDIAN RIVER COUNTY, FLORIDA, KNOWN AS THE ZONING CODE, PROVIDING FOR THE MANUFACTURE OF NON-METALLIC GASKETS IN THE CH DISTRICT, AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. NOW THEREFORE, be it ordained by the Board of County Commissioners of Indian River County, Florida, that: SECTION 1 Section 20.1 (b) of Appendix A, the Zoning Code, Indian River County Code of Laws and Ordinances is hereby amended .to read as follows:. (b). PERMITTED USES: In the CH, Heavy Commercial District, no building or structure shall be erected, altered or used, except for one or more of the following. Outdoor storage shall be prohibited within a CH district, except as otherwise provided in this section. Site Plan review shall be required for all uses, pursuant to the provisions of section 23. 1. Agricultural Uses: Farm Equipment and Supplies. Landscaping Services. Plant Nurseries and Greenhouses. 2. Institutional Uses: Civic and Social Membership Organizations. 3. Community Service Uses: Cultural and Civic Facilities. Emergency Services. Government Administration Facilities. Post Offices. Schools, Business and Collegiate. 4. Recreational Uses: Parks and Playgrounds Open to the Public. 5. Commercial Uses: a. Business Services. b. Commercial Services. c. Eating and Drinking Establishments. d. Furniture and Appliance Sales. e. Repair Services, Heavy. f. Repair Services, Light. g. Vehicular Sales, Service and Storage; Coding: Words in Otit4¢X il1tui type are deletions from existing law. Words underlined are additions. 18 ORDINANCE NO. 89-5 Automotive Parts Store, Car Wash, Commercial Parking Facilities, Gasoline Service Station, New and Used Vehicle Sales, h. Veterinary Clinic and Animal Hospital. 6. Transportation Uses: Bus and Railroad Passenger Facilities. 7. Industrial Uses: a. Food and Beverage Production; Bakeries, Wholesale, Bottles and Canned Soft Drinks and Carbonated Beverages, Candy and Other Confectionary Products, Dairy Products. b. Furniture and Fixtures repair. c. Printing and Publishing Industries. d. Stamping and Cutting of Non -Metallic Seals and Gaskets. 8. Outdoor Advertising. 9. Warehousing and Wholesale Trade: Commercial and Industrial Warehousing Facilities. Mini -Storage. Moving and Storage Facilities. 10. Marine Related Commercial Activities: Manufacturing aid Commercial Marina. ,Marine Repair and Service. Commercial Fishery. SECTION 2 REPEAL OF CONFLICTING PROVISIONS All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. All Special Acts of the legislature applying only to the unincorporated portion of Indian River County and which conflict with the provisions of tris ordinance are hereby repealed to the extent of such conflict. Coding: Words in $ . yi¢XfiE ti4 type are deletions from existing law. Words underlined are additions. JAN 1 7 1989 19 s©O 75 prF 9 JA 1? 1989 ORDINANCE NO. 89- 5 BOOK 75 F"3.GE 620 SECTION 3 CODIFICATION The provisions of this ordinance shall be incorporated into the County Code and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intentions. SECTION 4 SEVERABILITY If any section, part of a sentance, paragraph, phrase or word of this ordinance is for any reason held to be unconstitutional, inoperative or void, such holdings shall not affect the remaining portions hereof and it shall be construed to have been the legislative intent to pass this ordinance without such unconstitutional, invalid or inoperative part. SECTION 5 EFFECTIVE DATE The provisions of this ordinance shall become effective upon receipt from the Florida Secretary of State of official acknowledgement that this ordinance has been filed with the Department of State. Approved and'adopted by the Board of County Commissioners of Indian River County, Florida, on this 17th day of January 1989. This ordinance was advertised in the Vero Beach Press -Journal on the 27th day of December 1988, for a public hearing to be held on the 17th day of January, 1989, at which time it was moved for adoption by Commissioner Scurlock seconded by Commissioner Eggert , and adopted by the following vote: 20 ORDINANCE NO. 89 - Chairman Gary C. Wheeler Vice Chairman Carolyn K. Eggert Commissioner Richard N. Bird Commissioner Margaret C. Bowman Commissioner Don C. Scurlock 5 Aye Aye Aye Aye Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY W eeler, C airman REFINANCING FARMER'S HOME ADMINISTRATION UTILITIES DEBT The Board reviewed the following memo dated 1112189: TO: Members of the Board of County Commissioners DATE: January 12, 1989 SUBJECT: REFINANCING FARMER'S HOME ADMINISTRATION DEBT IN UTILITY DEBT FROM: Joseph A. Baird OMB Director DESCRIPTION AND CONDITIONS The Utility Department financed the Farmer's Home Administration (FmHA) outstanding or obligated: Principal $ 402,500 236,000 5,825,900 2,750,700 450,000 9.200.000 $18,865,100 JAN 17 1989 Interest Rate 5% 5% 5% 5% 7.3375% 5% Remaining Principal $ 366,500 221,000 5,592,000 2,698,000 450,000 9.200.000 $18,527,500 21 majority of it's debt through and has the following ar►ount Discount Rate . 66130 .65087 .64133 .63262 . 82600 . 61739 Payoff $ 242,366.45 14{,842.27 3, 5864, 317.36 1,706,808.76 371,700.00 5 67'.988.00 $11,731,022.84 BOO 75 i JAN 1 989 $0OK 75 •13GE 62 Farmer's Home Administration recently announced that they are offering a discount purchase program in order to reduce federal loans. Because most of Indian River County debt is 5% over forty (40) years, the discount offered means a considerable reduction in the principal amount of debt outstanding. The overall annual debt service will remain about the same if We participate in the discount program; however, we would be released from some of the Farmer's Home Administration restrictions which in the suture could discourage or hamper the expansion of the Utility system. An additional plus is that the refinancing would improve several of our financial ratios (e.g. debt/asset, debt/# customers, debt/per capita, debt/equity). Staff has reviewed'the merits of refinancing the debt and feels that it will definitely be in the county's best interest and will be approved by the Financial Advisory committee at it's next meeting. There is a deadline of May 9, 1989 if the county wishes to participate. Staff must begin working with Farmer's Home Administration, Bond Counsel, Bond Insurer's, Financial Advisers and rating agencies to draft bond documents. , This takes considerable time; therefore, we need permission to proceed immediately. tECOMMENDATION Board of County Commissioners give staff authority to participate in the Farmer's Home Administration loan program and proceed in refinancing the debt. Administrator Chandler advised that the FmHA has informed us of the possibility of refinancing our utility debt. Initially, it appears that it may be to our advantage to do so, and the FAC and bond counsel have it under consideration. There is an extremely tight timetable on this, and he just wanted the Board to know that we are pursuing the possibility, and will be bring it back to the Board with specific recommendations. Commissioner Eggert asked what kind of interest rate we could expect after the discounting, and Administrator Chandler explained that right now we are at 5% and the preliminary indications are that the overall costs would be the same or Tess. However, there is a distinct advantage to us in getting out from under those bond convenants. Commissioner Scurlock emphasized what a welcome addition Mr. Chandler is to our finance team. 22 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously authorized staff to participate in the FmHA loan program and proceed in refinancing the debt on utility projects, a recommended by OMB Director Baird. RENEWAL OF FLAG GOLF CONTRACT The Board reviewed the following memo dated 12/20/88: TO: 4ii. Collins Acting County Administrator FROM: Bob Komarine Director of Goll DATE: December 20, 1988 FILE: SUBJECT: Flag Golf Contract Rene101 REFERENCES: Enclosed is a copy of the Flag Card Renewal contract for 1989 for your approval. This is a Sumner Program which we found to be extremely successful in 1988. I will also need Mr. Scurlock's signature. If you have any questions please feel free to contact me at 567-9081. Thank you. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved the renewal of the Flag Card Contract, and authorized the Chairman's signature, as recommended by staff. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 23 JAN 1 id 1989 BOO 7j 2:3 IP JAN 17 1989 ALARM CONTRACT NAME CHANGE BOOK 75 F'. ,E 6. 4 The Board reviewed the following memo dated 12/20/88: TO: FROM • Wm. Collins Acting County Administrator Bob Komarin Director of lf DATE: December 20, 1988 FILE: i) SUBJECT: Alarm Contract Name Change REFERENCES: Sonitrol of Vero Beach, Inc., has terminated its franchise agreement with Sonitrol Corporation and Sonitrol Southeast. Accordingly, Sonitrol of Vero Beach, Inc., will carry on business as usual under the name of Alarm Specialists of Vero -Beach, Inc., and will continue to provide us with all monitoring, maintenance and sales. Enclosed is a copy of our current contract along with a copy of our new contract for your approval. If you have any questions please feel free to contact me at 567-9081. Thank you. Administrator Chandler explained that this firm also provides monitoring services for the administration building and the warehouse, but staff did not get those contracts to the Board today. He asked if the Board would feel comfortable in approving those contracts today since it only involves a name change. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously approved the monitoring contracts with Alarm Specialists of Vero Beach, Inc., and authorized the Chairman's signature, as recommended by staff. CONTRACTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD • 24 APPROVAL OF FINAL ASSESSMENT ROLLS FOR 110th Place east of U.S. #1; 14th Ave. between 1st St. SW & 2nd St.; and 18th Ave. between 1st. St. SW & 1st Place The Board reviewed the following memo dated 12/30/88: TO: The Honorable Boa d THROUGH: 1 gresc� , . P Rah � p County Engineer FROM: Michelle A. Gentile, Civil Engineer SUBJECT: of County Commissioners Final Assessment 1) 110th Place East of U.S. 1 2) 14th Ave between 1st St. SW & 2nd St. 3) 18th Ave between 1st St. SW & 1st P1. DATE: December 30, 1988 DESCRIPTION AND CONDITIONS The paving of the above roadways has been completed. Lised below is a comparison of the preliminary estimate and the final costs to the homeowners by street. It is noted that all construction costs are under the original estimates: 1) 110th Place 100% 75% 2) 14th Ave 100%- 75% 3) 18th Ave 100%. 75% Prelim. Est. $31,020.00 - $23,265.00 $39,000.00 $29,239.08 $25,020.00 $18,765.45 Final Cost $20,706.42 $15,840.42 $28,152.14 $21,536.39 $18,619.05 $14,243.58 The final assessment roll has been prepared and is ready to be delivered to the Clerk to the Board. Assessments are to be paid within 90 days or in two equal installments, the first to be made twelve months from the due date and the second to be made twenty-four months from the due date at an interest rate of 12% established by The Board of County Commissioners. The due date is 90 days after the final determination of the special assessments. ALTERNATIVES AND ANALYSIS Since the final assessment to the benefited owners will be less than computed on the preliminary assessment rolls, the only alternative presented is to approve the final assessment rolls. RECOMMENDATION It is recommended that the final assessment rolls for the paving of the above mentioned roads be approved by The Board of County Commissioners and that they be transferred to the Office of the Clerk to the Board for collection. 25 ,JAN 1? 198g BOO 75 PMC. I I�� pr - JAN 1`1 1389 BOOK 75 rA u 62,43 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, Board unanimously approved the final assessment rolls for the paving of the roads listed in the above memo, and directed the Office of the Clerk to the Board transfer the rolls to the Tax Collector for collection. Public Works Director Jim Davis updated the Board on the status of the petition paving program, and advised that a full report will be given to the Board at the next meeting regarding our efforts in contracting out for engineering services for some of the assessment projects. Staff has not been successful in negotiating a good price with the first engineering firm selected, and are recommending that we go to the next firm. Hopefully, we can do three of the big projects with consulting engineers. The first time out the bids came in at 20% of projection costs, and he did not feel that a 20% engineering fee justifies the County's going outside for those services. Commissioner Scurlock was concerned about the inconsistency of our grading patterns, particularly in the southwest part of Vero Beach where you find several paved roads in a row and then a dirt road followed by several more paved roads. He would like to see us go ahead and square off these areas and get those dirt roads paved so that our grading program is more cost effective. Director Davis advised that they are trying to keep abreast of that and are always trying to consolidate the grading routes. Commissioner Scurlock felt that the Engineering Dept. is doing a great job with the petition paving program, especially with theirr limited resources right now, but believed we need to get a little more aggressive. Chairman Wheeler agreed, but felt that if we are going to have involuntary assessments, we need to approach it in a very consistent fashion. We need to look at this during budget time, 26 especially the one road down by Round Island Park for which we have to send a grader all that way. Director Davis reported that we are going out for bid on engineering services for the paving of Florida Ridge Subdivision, which was approved last summer, and we are considering gqing outside for construction also. He did not think that people are aware of the fact that the Gifford sewer project is going to result in 6 miles of paved roads in Gifford and how much that ha' involved the County Engineering staff. Commissioner Eggert asked about Dixie Heights, and Director Davis reported that the bid came in too high on that project, and we are doing it in-house. Commissioner Eggert inquired about the status of the five laning of U.S. #1 from 10th Street to South Relief Canal, and Director Davis advised that he had received a letter from the DOS just yesterday advising that the planning on the project is substantially complete and that they are going out for bid this summer. FINAL ASSESSMENT ROLLS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD SOLID WASTE DISPOSAL DISTRICT - ADMINISTRATIVE PERSONNEL - SECRETARY III The Board reviewed the following memo dated 113/89: JAN 17 1989 27 BOOK 5 FAG ,JAN 1? 71489 BOOK 5 Fh'Jw628 DATE: JANUARY 3, 1984 TO: James -E. Chandler . -- ' ADMINIS,TRATOR THRU: TERRANCE G. PINTO 1'10 DIRECTOR OF UTILITY .SEVICES FROM: H. T. "SONNY" DEAN MANAGER OF SOLID W�S'I'EI MANAGEMENT DEPARTMENT OF UTILITY SERVICES SUBJECT: SOLID WASTE DISPOSAL DISTRICT ADMINISTRATIVE PERSONNEL - SECRETARY III BACKGROUND As you are aware, the new Solid Waste Disposal District (SWDD) paperwork is going to require an enormous amount of time to administer. At present, we do not have the personnel to accommodate this requirement. The present secretary will not be able to take the necessary time and still perform her regular duties. With all of the new administrative and operational responsibilities under the new laws of the Department of Environmental Protection and the regulations of the Solid Waste District and the District Assessments, we have determined there is a need for an additional position to be classified as Secretary III or equivalent, at an annual salary of $15,600.00, plus benefits. RECOMMENDATION Staff of the Department of Utility Services recommends that the Board of County Commissioners approve the classification of the position of Secretary III or equivalent, and that the person be hired immediately to accommodate the immediate needs of the Solid Waste Disposal District. Funding is to be from Cash Carry Forward funds. Commissioner Eggert asked if Mr. Dean has been working without a secretary, and Administrator Chandler explained that this is a secretary that is needed in conjunction with the creation of the Solid Waste Disposal District. We are using the term secretary, but Personnel has done an evaluation on the position, and this will be a little more than a secretarial position in that it will involve working with rates and rate structures. Personnel has come up with a recommendation that the salary be in the pay range of a Secretary III. 28 Commissioner Scurlock pointed out that since Lisa Abernathy i' left, we have been contracting on an hourly rate with Camp Dresse McKee for Isabelle Jettinghoff to do some of that work, and asked if her services would be needed now. Utilities Director Terry Pinto explained that the intent is to get someone in and get them fully trained in the area of solid waste assessments; we won't need outside help from CDM. Commissioner Bird asked about funding this position from "cash carry forward in utilities", and OMB Director Joe Baird explained that the auditors say that we cannot have contingencies in the enterprise funds. We have cash forward, which is our working capital. In this case, the cash forward is a little higher than we would need to go into the next year; therefore, wp can utilize those funds as we put any salary increases on contingencies. Commissioner Bowman asked if this position would be advertised within the building, and Commissioner Scurlock assumed that it would go through the normal process, which is to advertise in the newspaper and post it on the various bulletin boards in County offices. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously approved the classification of the position of Secretary 11I or equivalent; authorized the immediate hiring of that person, and approved Budget Amendment #037 in the amount of $14,667. Commissioner Bowman asked if this position would be advertised, and Commissioner Scurlock advised that it would go through the normal channels. 29 JAN 17 1989 JAN 1? 4989 BOOK 75 �i �E 630 THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. TO: Members of the Board of County Commissioners FROM: Joseph A. Baird OMB Director SUBJECT: BUDGET AMENDMENT NUMBER: 037 DATE: January 17. 1989 Entry Number Funds/Department/Account Name Account Number Increase Decrease 1. EXPENSE LANDFILL WASTE DISPOSAL/ Landfill/Regular Salaries 411-217-534-011.12 $10,400.00 $ 0 Landfill/Social Security 411-217-534-012.11 $ 782.00 $ 0 Landfill/Retirement Contrib. 411-217-534-012.12 $ 1,501.00 $ 0 Landfill/Health Insurance 411-217-534-012.13 $ 1,984.00 $ 0 Cash Forward - September 30 411-217-534-099.92 $ 0 $14,667.00 BOUNDARY DISPUTE BETWEEN INDIAN RIVER COUNTY AND BREVARD COUNTY The Board reviewed the following memo dated 1/11/89: TO: FROM: DATE: RE: Board of County Commissioners Charles P. Vitunac, County Attorney January 11, 1989 BOUNDARY DISPUTE BETWEEN INDIAN RIVER COUNTY AND BREVARD COUNTY For' some years now there has been a dispute concerning the precise boundary line between Brevard County and Indian River County in the Sebastian River area. The problems arise from imprecise language in state law concerning whether the boundary line follows the middle of the south fork of the Sebastian River or its main channel. On September David Nolte, G. Collins, Eden Bentley 1, 1988, a meeting was held in my office among Indian River County Property Appraiser; William II, Acting Indian River County Administrator; , Assistant Brevard County Attorney; and me. 30 After reviewing maps and legal descriptions, we believe that the boundary between Indian River County and Brevard County is the middle point between the two main banks of the south fork of the Sebastian River. This middle point intersects certain of the islands in the river and would result n portions of the islands being taxed in Brevard County and portions taxed in Indian River County --an undesirable situation. We would recommend that the Legislature amend the statutory definition of the boundaries between the two counties, now found in §7.31 and 7.05, Florida Statutes, by defining the boundary between the two counties as Vile thread of the main channel of the south fork of tlpe Sebastian River. (See attached map.) The Brevard County Attorney's Office is sending a similar letter its commission if both commissions iss!e e will jofntly drai aproposed general billfor the next Legislative Session. We respectfully request approval of this position from the Board. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Eggert, the Board unanimously approved the position recommended by staff regarding the definition of the boundaries between Indian River County and Brevard County, as set out in the above memo. AGREEMENT DESIGNATING THE CHAMBER OF COMMERCE AS THE OFFICIAL COUNTY TOURIST BUREAU The Board reviewed the following memo dated 1/9/89: TO: The Board of County Commissioners FROM: DATE: January 9, 1989 SUBJECT: William G. Collins II - Assistant County Attorney Agreement Designating the Chamber of Commerce as the Official County Tourist Bureau Last summer the Indian River County Tourist Development Council and the Vero Beach -Indian River County Chamber of Commerce came to an agreement which designated the Chamber as the Official Tourist Bureau of Indian River County, and provided for direct distribution of tourist tax revenues to the Chamber from District 1 tax revenues for the balance of the two-year Tourist Development Plan period, i.e., until April 1, 1989. 31 JAN 1 7 1989 �� PML 631 JAN 17 1989 75 _ BOOK P �[ fig -0 The The agreement sets up the uses to which the revenues would be devoted and the reporting obligations of the Chamber to the Tourist Development Council. The agreement was approved by the Tourist Development Council on August 24, 1988 and has been executed by the Chamber of Commerce. RECOMMENDATION: Adopt the attached Resolution authorizing the Chairman to execute the agreement designating the Chamber of Commerce as the Official County Tourist Bureau. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously adopted Resolution 89-9, designating the Chamber of Commerce as the official County Tourist Bureau. RESOLUTION NO. 89- 9 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING AN AGREEMENT BETWEEN THE COUNTY AND THE VERO BEACH -INDIAN RIVER COUNTY CHAMBER OF COMMERCE, DESIGNATING THE CHAMBER OF COMMERCE AS THE OFFICIAL COUNTY TOURIST BUREAU. WHEREAS, on March 10, 1987 the voters of Indian River County approved a tourist development tax and a Tourist Development Plan; and WHEREAS, the approved plan provides for $30,000.00 worth of tourist tax revenues to be provided to the Chamber of Commerce for tourist information services; and WHEREAS, the Tourist Development Council is authorized by Indian River County Ordinance Section 21-253(a)(3) and by Florida Statute 125.0104(5)(a)3 to fund tourist bureaus by contract with the Chambers of Commerce in the County; and WHEREAS, the agreement designating the Chamber of Commerce as the Official County Tourist Bureau was approved by the Tourist Development Council on August 24, 1988, 32 NOW, THEREFORE, the Indian River County Board of County Commissioners, as the governing body of the Tourist Development Council, hereby authorizes the Chairman of the Board of County Commissioners to execute the agreement with the Vero Beach -Indian River County Chamber of Commerce. The foregoing resolution was offered by Commissioner Scurlock and seconded by Commissioner Bowman , and, 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 17th day of January INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS , 1989. By APPROVAL OF WESTLAW COMPUTER SYSTEM FOR COUNTY ATTORNEY'S OFFICE The Board reviewed the following memo dated 1/11/89: TO: Board of County Commissioners FROM: Lea R. Keller, County Attorney's Office DATE: January 11, 1989 RE: COUNTY/WESTLAW COMPUTER SYSTEM Board Meeting - January 17, 1989 Since the County Attorney and the Assistant County Attorneys spend a great deal of their on-the-job time in meetings, it is difficult for them to be able to go to the Law Library during its open hours to carry on research needed to ascertain information and cases on point in order to defend the County. Also when they do have to do research, it takes a long period of uninterrupted time. 33F�r�CC.��@J+ JAN 17 1989 BOOK L. rr ,JAN 7 1989 POCK Therefore, we met with a West representative to check into a computer information service to which a lot of attorneys have subscribed. It is called Westlaw. We feel this equipment would be invaluable to the County for the most up-to-date court decisions and statute amendments, since the information provided on the computer equipment ties into and updates the existing law books in our library. It also seemed that this would be an excellent time to check into purchasing this equipment, since the County has chosen to become partially self insured, and we have money left in our budget from Bill Collins working out of our office. After talking with West, we learned that for a limited time, the first six months of their service is being offered at no charge as an introduction. The only cost would be the attorney's actual "on-line" phone time or a minimum cost of $150 per month. This fee is normally $4.50 per minute for a private attorney; however, since the County is a government agency, the fee wi l l be less than 1/2 of that. Also 'there are several free services West provides, through a toll-free number, so that the attorney can do the background for his research before he actually has to go "on -Line"; thereby keeping the "on-line" time to a minimum. Because our introductory six-month free period would be over in August, before the start of our next fiscal year, the sales representative said that West would agree to let the County keep their loaner equipment until the start of our next fiscal year. Then at that time we would either have to purchase our own PC equipment and use it with their software or purchase their loaner equipment. The equipment from West includes a special keyboard, CRT, and printer, and the total cost to purchase it is $2,465. At the end of our introductory free service, we would have to begin paying $100 per month for the West software subscription plus the minimum monthly "on-line" charge of $150 (which is equal to the cost of one hour of "on-line" phone time). In order to be able to access West's equipment through the County's phone line, we would have to install an outside line now. Lynn Williams checked into this for us, and the cost would be approximately $140, as well as the price of the monthly phone bill. At this time, staff recommends the County authorize this office to proceed to get an outside phone line installed and the Chairman to execute the Westlaw Special Offer contract for the free introductory period, which is attached, so that this office will be able to begin receiving this service. Commissioner Scurlock felt we should anticipate these needs at budget time, and preferred not to have so many of these budget amendments. While he believed the service is a good one and would beicost effective, he just would like to see that happen at budget time rather than getting it just 3 months into the fiscal year. Attorney Vitunac stressed that we have 16 active cases now and that the financial impact of the budget amendment won't be felt until almost October. The first 6 months would be free, and 34 we only would have to buy certain minor equipment and phone lines. It wasn't budgeted earlier because it came up as an idea to help out when Attorney Collins was named Acting County Administrator. Chairman Wheeler agreed with Commissioner Scurlock on the budget philosophy, but felt in this case it would save money to have the service. He knew other attorneys in town who have subscribed to this service and found it to be cost effective. Commissioner Scurlock suggested that Attorney Vitunac instruct his staff not to overuse the service so that there is not a lot larger bill at the end of the month than what was anticipated. Commissioner Bowman asked how much this would cost between now and the next fiscal year, and OMB Director Joe Baird advised that it would cost $4,015, which includes the purchase. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously authorized staff to proceed to get an outside phone line installed; authorized the Chairman to execute the Westlaw Special Offer contract; and approved Budget Amendment #033 in the amount of $4,015. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD TO: Members of the Board of County Commissioners FROM: Joseph A. Bair OMB Director SUBJECT: BUDGET AMENDMENT NUMBER: 033 DATE: January 13, 1989 Entry Number Funds/Department/Account Name Account Number Increase Decrease 1. EXPENSE GENERAL FUND/County Attorney Office Furniture and Equipment 001-102-514-066.41 $ 2,615.00 , 0 GENERAL FUND/County Attorney Legal Services 001-102-514-033.11 $ 1,400.00 0 GENERAL FUND/Reserves B.C.C. Reserve for Contingency 001-199-581-099.91 $ 0 51 4 015.00 ,JAN 1 35 BOOK 75 o 3 1`i 1,989 BOOK 75 w,[ 636 RESOLUTION OF INDIAN RIVER COUNTY TO 1989 LEGISLATIVE DELEGATION The Board reviewed the proposed resolution prepared by the County Attorney's Office, and Attorney Vitunac explained that this lists the goals in which the Board has indicated their interest. Commissioner Eggert requested that the wording be changed from "the Board respectfully requests the Delegation to address at the State level the concerns of Indian River County" to "the Board respectfully urges the Delegation to address at the State level the concerns of Indian River County." She was especially concerned about the continued support of library grants, and would like to have it read: "urge support of continued funding of library grants and cultural grants". Commissioner Eggert was concerned that just as our library system is growing larger, it seems the State is cutting out all the good grants. Commissioner Scurlock suggested that we put the major points of concern at the beginning since any type of list is usually prioritized, but Commissioner Bird did not feel we should prioritize them because he didn't want the State to pass over some of these things that may available in the next year just because they believed it was not a high priority. Commissioner Bowman felt that we should encourage them to set up tax incentives or loans to businesses that will develop markets for materials to be recycled. Commissioner Scurlock personally felt a free market is a far better place for those things to happen and did not see any need for government to set up tax incentives. Commissioner Bowman promised to remind Commissioner Scurlock of those words in 5 years or so. 36 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously adopted Resolution 89-10, advocating certain projects that would be in the public interest to Indian River County to th0 local Legislative Delegation; amended the proposed language from request to urge; and added the statement that the issues are not necessarily in order of highest priority. RESOLUTION NO. 89- 10 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS, TO THE LEGISLATURE OF THE STATE OF FLORIDA, THROUGH THE LOCAL LEGISLATIVE DELEGATION, ADVOCATING CERTAIN PROJECTS WHICH WOULD BE IN THE PUBLIC INTEREST OF INDIAN RIVER COUNTY. WHEREAS, Indian River County is ably represented it the Florida Legislature by Senator Tim Deratany, Hous, Minority Leader Dale Patchett, and Representative Irl) Bronson, who constitute the Legislative Delegation for Indian River; and WHEREAS, the Delegation has offered Indian River County County for which the State of Florida may have solutions; and an opportunity to discuss items which concern the WHEREAS, Indian River County has authorized its Chairman of the Board of County Commissioners, or alternate1 Commissioner, to appear before the Delegation to present these items of concern, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that thel Board respectfully urges the Delegation to address at the State level the concerns of Indian River County relating to, the following issues, which are not necessarily in order of highest priority: 37 ,JAN 1? 19 BOOK 75 PAGE 6:37 JAN 1 `a 1989 BOOK Fec�6o38 1.. The four-laning of State Road 60 west from 1-95. 2. Additional funding .for the construction of a health department building. 3. Additional library grants for operation and construction of our two library buildings and programs. 4. Additional grants for art and culture so that these types of programs can be continued and expanded. 5. Additional Department of Transportation funding for state roads in Indian River County including the possibility of local governments advancing construction funds for future repayment by the DOT. 6.. The prohibition of State -mandated programs without State -provided funding. 7. Additional State funding for the state prison system and State contribution for the operation of local jails. 8. Expedited construction of the replacement for the Barber Bridge. 9. Expedited construction for the Twin Pairs project in the City of Vero Beach. The resolution was moved for adoption by Commissioner Scurlock and the motion was seconded by Commissioner Bird , 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 17th day of January, 1989. Attest BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By 6, Gar heeler Cha rman 38 DISCUSSION REGARDING THE COORDINATION OF THE NEW COURTHOUSE AND LIBRARY PROJECTS IN THE DOWNTOWN AREA Chairman Wheeler explained that he added this to today's Agenda in order to get the Board's feelings about looking at these projects as one main project instead of two separate proj1ects. After talking to staff yesterday, he felt we need to get a handy on this and coordinate these projects, because it seems that we are going in two separate directions. Under the direction of the Administrator, we could sit down and look at the utilities and other aspects of the site plans for both projects, i.e. water, sewer, electricity, cable, phones, stormwater management, landscaping, traffic flow, and come up with a recommendation as to whether or not we should look at this as a single project and master plan it for the long term needs or whether we should keep moving along at the pace we are moving at now. He personally felt that since we are spending $18 -million on these two projects, we should coordinate it with a master plan and and not do it piece meal. Commissioner Scurlock felt that Commissioners Eggert and Wheeler have done an excellent job on their respective committees for the library and courthouse. These projects have been separate almost out of necessity, because at one time we were not planning for these facilities even to be in the same area, and this sort of evolved. Due to that, there have been some different tangents taken that perhaps will create problems if we don't get this thing under control. He personally felt that while these two projects should be independent, they certainly should be coordinated together to provide us with an overall concept in the downtown area. He believed that could be done without hindering either project's progress, and that Administrator Chandler has the administrative abilities to blend all that together. Commissioner Scurlock emphasized that we are talking about $18 -$20 -million it redevelopment, and even if we have some minor delays, it would P"e 39 JAS i` i $$ BOOK. 15 JAN 1989 BOOK tr- f•' 64 well worth it to come up with a concept that we could live with for a very long time. While he felt that the design of the library and the court facility certainly should have input from the committees, it should be made very clear that we don't design facilities by committees, but design by architects with input from the Commission and committees. The Administrator should be the overall head of putting that package together and bringing it to the Board. Commissioner Scurlock really did not want to see our ultimate facilities totally designed by judges, state attorneys or well-intentioned library people, and he felt in both cases there is a tendency to get into the day-to-day operation, and that needs to come to an end. We have two professional librarians, who are well qualified to address many of these issues, and they should do that through the Administrator. Commissioner Scurlock believed from day one these two projects have been separate projects, and pointed out that the public already has approved the bonds for the library, while the Courthouse still needs approval by the voters. Commissioner Eggert presented a layout of the downtown area which was submitted by a consultant during the short -listing process, and which she felt triggered the thinking that perhaps we should consider a master plan since they will have many common features such as parking and connecting walkways. Commissioner Eggert reported that she had a long talk with the City of Vero Beach about the closing of 22nd Street, and they would like us to get applications in by February 7th for the closing of 22nd Street and the alley up the center so that they could be heard on February 21st. The closing of 22nd Street would be for just the one block between 16th and 17th Avenues that would affect the library. We need to submit the applications for that so that we can go ahead and design the library. This will be held sort of in escrow, but if we don't do certain things, it would not go through. However, we cannot go ahead and design the library 40 until we have the feeling from the City Council that they indeed are willing to do this. In addition, we need to get the cooperation of the First Baptist Church on the alley into the parking way just north of the church since they own that property. Commissioner Eggert felt we need to work together on a master plan as quickly as possible, but go ahead with the things we need to co to get into specific design. However, she did not feel it was fair for the library to delay its progress on certain things untO we see if the public approves funding for the court facilities. Commissioner Eggert advised that the City requested that we do a 6 -block traffic study, and it is felt that could be part of,a study that is already being done in the County. We were planning on bringing that to the Board today, but Administrator Chandler has asked us to delay that discussion for one week or so. Commissioner Scurlock asked if there is any ability for the architects of these projects to have some kind of common approach in their design, and Chairman Wheeler felt the the exterior design would be the most important part of it. He wanted to take the whole conglomeration of these two projects and turn it over to Administrator Chandler and let him delegate the necessary staff to sit down and compile the information, analyze it, put it in some kind of form, and bring it back to the Board with a recommendation. That way, the Board would be able to see the whole picture rather than Looking at it in fragments. Commissioner Scurlock felt that we need to find out very quickly whether the City is willing to abandon the alley and the street and if the First Baptist Church is willing to allow that part of the alley to be abandoned. Commissioner Eggert did not feel that her going forward with the abandonment of the alley and the closing of 22nd Street would be a problem with master planning the two projects. Commissioner Scurlock felt that what Chairman Wheeler wants) is for Administrator Chandler to become the chief coordinator of 41 ,JAN 1 196 ROOK 75 FAC 641 r ,JAN 17 V6T'f3� r� ROOK F' Gf. 642 these projects, raise a red flag when a problem arises, and ask the Board for direction. Mr. Chandler also would be the absolute coordinator on these two projects, especially with the City, because right now we have Commissioner Eggert going to the City on behalf of her library committee and Chairman Wheeler going to the City on behalf of his courthouse committee. Commissioner Eggert noted that right now the only thing the library committee is asking Attorney Vitunac to do is to complete the lease agreement with the First Baptist Church to allow us to use their parking during the day, and now, with the Board's approval, they will ask him to add the abandonment to his assignment. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously authorized Administrator Chandler as the coordinator of the library and courthouse projects, as discussed in this meeting, without infringing on Commissioner Eggert's ability to move ahead with the library. LIBRARY UPDATE Commissioner Eggert felt the discussion previous to this pretty much covered the status of the South County Library. With regard to the North County Library, she reported that the architect has moved many of their personnel back up north, and we are expecting to get the final papers today for the site planning. This throws us off schedule by about 2 months. It is an unhappy situation, but we are hoping to start construction by April. EMERGENCY SERVICES COORDINATING COMMITTEE REPORT Commissioner Eggert felt Doug Wright has been doing an absolutely marvelous job, and advised that 20 of the hospital paramedics have come over to join the County plan. Unfortunately, 42 Dr. Moore, who is the Medical Director at Indian River Memorial Hospital, will not be able to continue in that position due to a heavy workload caused by a loss of a number of emergency doctors Dr.Nicosia, who is the head of the emergency room at Humana Hospital in Sebastian, along with the doctor who is the medical Director of ALS in Martin County, will serve as dual medical directors for right now. Everything looks good for the start up on February 1st. On Thursday, we are meeting with the board of the hospital district with the hope that they will approve a contract prepared by Attorneys Vitunac and Polackwich to transfe the tax monies over from the hospital district along with a numb r er of capital assets. She felt very encouraged about the ability io move forward on this and appreciated the great cooperation received from all of the providers. TRANSPORTATION PLANNING COMMITTEE REPORT The Board reviewed the following Summary of Actions of the meeting of 1-11-89: To: Liz Forlani From: Jim Davis Date: January 11, 1989 Subject: Committee action taken at the January 11, 1989 Transportation Planning Committee Meeting The following action was taken at the January 11, 1989 Transportation Planning Committee meeting: 1. Closing of 16th St. between Rockridge Subdivision and Indian River Boulevard. - The Committee determined that this matter was a lega issue and tabled the matter for resolution by legal proceedings. 2. Repair of pedestrian bridge spanning the 20th Ave. canal at 18th St. The Committee recommended the pedestrian bridge be repaired instead of eliminated. The cost to repair s minimal. 43 JEAN 17 1989 nor '75 JAN 17 1989 BOOK 75 f'NCE 644 3. U.S. #1 traffic problem at Mr. Miller's lounge. The Committee was informed that the D.O.T. was performing a traffic study at this location which will be complete in late February, 1989. 4. Petition paving of 134th St. in Roseland. The Committee recommended this project be brought before a public hearing as soon as possible. Commissioner Bowman explained that Item #2 was requested by the U.S. Post Office. The TPC recommends approval of the repair which is estimated at $200. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Scurlock, the Board unanimously approved the $200 repair to the pedestrian bridge spanning the 20th Ave. canal at 18th St., as recommended by the TPC. Commissioner Scurlock wanted to discuss Item #1 regarding the closing of 16th Street between Indian River Boulevard and Third Avenue, because he was getting a little tired of this particular issue. He stressed that the residents of Rockridge are valued residents of the county, but by virtue of being nestled in adjacent to the city limits of Vero Beach, they end up being a stepchild in many issues by not having a proper vehicle to be heard by the City Council. In fact, at a recent speaking engagement he attended, a member of the City Council looked at him and said that he didn't have any problem in keeping the road open if the County would go ahead and bring that road up to County standards -- otherwise, the heck with it. The fact of the matter is that road has been there for 30 years with the full knowledge of the City of Vero Beach, and it has never been up to any standards, city or county. This bit of indicating that the County was somehow the cause of this is a bunch of nonsense. The fact 44 is that the City of Vero Beach, for whatever reason, decided that they wanted to sell a piece of property there, and through that process, this particular street became a nuisance. It seemed to] him that a proper approach to abandoning a road is through public process to receive public input from the people both in the city and the county who would be affected. Commissioner Bowman agreed that the road should never have been closed without the City first holding a public hearing; however, there is a question there of adverse use. There is also a question of why the curb was cut into Indian River Boulevard at 16th Street if that road didn't exist. In addition, she believed the City's Legal Dept. erred when they advertised that piece of land, because she didn't think that Mr. Schlitt actually bid on or bought that road. Commissioner Scurlock was very concerned that somehow the County is being brought into this as if we had initiated all this activity when we have not. Unfortunately the proper form for addressing this is before the City Council since the street is within the corporate limits of the city. Commissioner Bowman advised that the TPC was asked to look into the closing of 16th Street, and decided that it was a legal matter that would have to be decided in the courts. They are concerned about the traffic pattern in Rockridge. Ruth Chapman, resident of Rockridge, advised that she has filed an injunction against the City about the closing of 16th Street, but emphasized the fact that no one is blaming the County for the closing. She felt they will undoubtedly go to court on this matter, but they hope it can be settled before that. She understood that Mr. Schlitt has made the County an offer to come in and buy the road. According to what she has heard, they called Attorney Collins and wanted to know if the County wanted to buy that roadway. The Commissioners emphasized that no offer was ever presented to them. 45 JAN 1 7 1999 BQO t 5 4r,r (, Fr'..UC. 15 JAN 1 193, BOOK 5 ",' ; . 646 Assistant County Attorney Bill Collins explained that when this matter first came before the Board on December 13th, the Board directed him to write a letter to City Manager John Little asking them to delay any action on going ahead with the sale of the property and the abandonment of the road until the concerns of the Rockridge residents had been addressed. The way it came out at that meeting was that no one had wanted to work any hardship on the residents of Rockridge, and we thought it would be in their best interests not to have through traffic in their neighborhood. If that was a misunderstanding, the Board recommended that everyone involved get together and work something out, and Mr. Schlitt agreed. After receiving our letter about delaying any action, Mr. Little called saying that as far as the City was concerned, they were moving ahead properly and legally, and that the only way they would delay anything was if the County wanted to buy that road instead of Mr. Schlitt. Attorney Collins stated that he didn't take it any further, because he didn't think it was something the County wanted to do. Bill Nelson, resident of Rockridge, was annoyed at the argument the City is giving for closing the road, i.e. a hazardous condition, at the meeting of December 13th when the Commission agreed to send a letter to the City. He stressed that it only surfaced the next day at the meeting with Mr. Schlitt, the City, the County, and the residents of Rockridge. Chairman Wheeler felt we have done what we could when we asked the City to reconsider taking the barricades down until the matter was resolved. SOUTH COUNTY FIRE DISTRICT MEETING The Chairman announced that immediately following adjournment, the Board would reconvene sitting as the District Board of Fire Commissioners of the South Indian River County Fire District. Those Minutes are being prepared separately. 46 There being no further business, upon Motion duly made, seconded and carried, the Board unanimously adjourned at 10:40 o'clock A.M. ATTEST: (:7 Zkx;t:22) 2) /dY a(lx4d, Clerk Cfirman JAN 17 1989 L 47 800w. iJ Mr. 647