HomeMy WebLinkAbout2/11/1981WEDNESDAY, FEBRUARY 11, 1981
THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, MET IN REGULAR SESSION AT THE CITY HALL COUNCIL CHAMBERS,
1053 20TH PLACE, VERO BEACH, FLORIDA, ON WEDNESDAY, FEBRUARY 11, 1981,
AT 8:30 O"CLOCK X.M. PRESENT WERE PATRICK B. LYONS, CHAIRMAN;
WILLIAM C. WODTKE, JR., VICE CHAIRMAN; DICK BIRD, ALFRED GROVER
FLETCHER; AND DON C. SCURLOCK, .JR. ALSO PRESENT WERE NEIL A. NELSON,
COUNTY ADMINISTRATOR; L.S. "TOMMY" THOMAS, INTERGOVERNMENTAL
COORDINATOR; GEORGE G. COLLINS, ,JR., ATTORNEY TO THE BOARD OF COUNTY
COMMISSIONERS; .JEFFREY K. BARTON, FINANCE DIRECTOR; DAN FLEISCHMAN,
BAILIFF; AND VIRGINIA HARGREAVES AND JANICE CALDWELL, DEPUTY CLERKS.
THE CHAIRMAN CALLED THE MEETING TO ORDER.
CHAIRMAN LYONS LED THE PLEDGE OF ALLEGIANCE TO THE FLAG,
AND REVEREND JIM NEWSOME, FIRST BAPTIST CHURCH, GAVE THE INVOCATION.
ADDITIONS TO AGENDA
THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS TO THE
AGENDA. THERE WERE NONE.
APPROVAL OF MINUTES
THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS
TO THE MINUTES OF THE REGULAR MEETING OF .JANUARY 28, 1981.
COMMISSIONER SCURLOCK REFERRED TO PAGE 34, FIRST LINE, AND
REQUESTED THAT THE NAME "HYATT" BE CORRECTED TO READ "BIRD."
COMMISSIONER SCURLOCK REFERRED TO RESOLUTION 81-6,_PAGE 22,
.LINES 2 AND 14; PAGE 23. LINE 16; AND PAGE 24, LINE 20; AND REQUESTED
THAT THE FIGURE "$236,000" BE CORRECTED TO "$210,000." HE REFERRED
TO -PAGE 23, LINE 15 AND REQUESTED THE WORDS "THIRTY—SIX" BE CORRECTED
TO "TEN."
THOSE CORRECTIONS HAVING BEEN MADE, ON MOTION BY COMMISSIONER
SCURLOCK, SECONDED BY COMMISSIONER BIRD, THE BOARD UNANIMOUSLY
APPROVED THE MINUTES OF THE REGULAR MEETING OF .JANUARY 28, 1981,
AS WRITTEN.
Ga4 PAGE 783
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
SCURLOCK, THE BOARD UNANIMOUSLY APPROVED THE APPLICATION FOR A PERMIT
TO CARRY A CONCEALED FIREARM FOR:
RAYMOND PAUL GILLMAN ARTHUR A. PERRUZZI
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
SCURLOCK, THE BOARD UNANIMOUSLY APPROVED THE RENEWAL APPLICATION FOR
A PERMIT TO CARRY A CONCEALED FIREARM FOR:
JUDSON PURVIS BARKER, JR. REEDY STRICKLAND
.JAMES ROBERTS LUCAS
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
SCURLOCK, THE BOARD UNANIMOUSLY APPROVED TAX SALE CERTIFICATE NOS.
459 IN THE AMOUNT OF $10.55; N0. 460 IN THE AMOUNT OF $15.59; No. 461
IN THE AMOUNT OF $11.15; AND N0. 463 IN THE AMOUNT OF $14.99 FOR
ERNEST PHILLIPS.
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
SCURLOCK, THE BOARD UNANIMOUSLY APPROVED THE CHAIRMAN'S SIGNATURE
FOR WILLIAM E. WEAVER, III, DEPUTY APPOINTED BY SHERIFF DOBECK.
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
SCURLOCK, THE BOARD ='*iMOUSLY APPROVED THE STATE WITNESS PAYROLL,
COUNTY COURT, .JANUARY TERM, 1981, IN THE AMOUNTS OF $52.22 AND $129.44;
AND CIRCUIT COURT, FALL TERM, 1981, IN THE AMOUNTS OF $45.04 AND
$36.65,
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
SCURLOCK, THE BOARD UNANIMOUSLY APPROVED THE CHAIRMAN'S SIGNATURE
4
FOR SURETY BOND ENDORSEMENTS FOR BOND N0, 1S-003=311 ON BEHALF OF
SHERIFF DOBECK AND ON THE STATEMENT FOR $50.00.
THE FOLLOWING REPORTS WERE RECEIVED AND PLACED ON FILE IN
THE OFFICE OF THE CLERK:
RECEIPT FOR DEPOSIT OF COUNTY FUNDS FROM SHERIFF
DOBECK FOR DFCEMBER, 1980 IN THE AMOUNT OF $580,00
REPORT OF CONVICTIONS, MONTH OF .JANUARY, 1981
TRAFFIC VIOLATION BUREAU - SPECIAL TRUST FUND,
.JANUARY, 1981, IN THE AMOUNT OF $38,928.01
TRAFFIC VIOLATION FINES BY NAME, .JANUARY, 1981
INDIAN RIVER COUNTY MOBILE HOME AD HOC COMMITTEE - APPOINTMENTS
COMMISSIONER SCURLOCK SUGGESTED MR. CROSBY.
COMMISSIONER FLETCHER EXPLAINED THAT MR. CROSBY HAD
RECENTLY WITHDRAWN HIS RESUME. HE THEN MADE THE FOLLOWING NOMINATIONS:
NO INTEREST OR AFFILIATION WITH
MOBILE HOME PARKS: NORMAN MILLER
MOBILE HOME PARK OWNERS:
RESIDENTS OF MOBILE HOME PARKS:
ART MAYER
NORMAN L. BAKER
DAVE CHAFFIN
FREDERICK W. MESSNER, JR.
RAY B GRIFFIN
.JOHN E. SULLIVAN
COMMISSIONER WODTKE NOTED THAT MR. MAYER IS STILL A
BUILDING INSPECTOR, AND SUGGESTED HERALD BLUM INSTEAD.
DISCUSSION FOLLOWED CONCERNING THE NOMINATIONS. IT WAS
NOTED THAT RESOLUTION 80-138 WAS DATED JANUARY 281 1931, AND IT MIGHT
BE NECESSARY TO CONSIDER AN EXTENSION OF TIME AFTER THE AD HOC
COMMITTEE GETS ORGANIZED.
ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER
FLETCHER, THE BOARD UNANIMOUSLY CLOSED THE NOMINATIONS.
ON MOTION BY COMMISSIONER FLETCHER, SECONDED BY COMMISSIONER
SCURLOCK, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 81-9 APPOINTING
THE FOLLOWING TO THE INDIAN RIVER COUNTY MOBILE HOME AD HOC COMMITTEE:
NORMAN MILLER, NORMAN L. BAKER, DAVE CHAFFIN, FREDERICK W. MESSNER, .JR.,
RAY B. GRIFFIN, JOHN E. SULLIVAN, AND HERALD BLUM.
RESOLUTION 81-9 WILL BE MADE A PART OF THE MINUTES WHEN
RECEIVED.
FES 111981
CHAIRMAN LYONS READ THE FOLLOWING LETTER FROM SHERIFF DOBECK:
P. O. BOX 608
PHONE 562-7911
R.T."TW DOBECK • INDIAN
MEMBER FLORIDA SHERIFFS ASSOCIATION
MEMBER OF NATIONAL SHERIFFS ASSOCIATION
Vl'.I?O 11LAC11, FLORMA :.2000
February 10, 1981
Mr. Patrick B. Lyons, Chairman
Board of County Commissioners
Indian River County
Indian River County Courthouse, Room 205
2145 14th Avenue
Vero Beach, Florida 32960
Dear Commissioner Lyons:
RIPER COUNT'I'
On February 3, 1981 the Florida Department of Corrections
conducted an in-depth two day inspection of the Indian River
County Jail. During this inspection a number of violations
involving building safety, record keeping, and jail staffing
were pointed out to me and my jail administrator.
During an exit interview with the inspectors I was advised
that the majority of these problems have been in existance for
quite some time and although pointed out in previous inspections,
very little had been done to correct the condition.
While sympathetic with our problems as well as the financial
burden placed on the county, two specific areas required immediate
mandatory correction.
1. The immediate construction of two adequate
fire escape doors on the second floor
detention area.
2. The immediate hiring of trained female
personnel to serve as matrons in the
female detention areas.
Since I feel that this will require a major budgetary amend-
ment, I am requesting an appearance before the Board of County
Commissioners of Indian River County at the February,25th meeting
to discuss this problem.
Thank you for your consideration.
V tr ly yo s,
. T. 'Tim' Dobeck
Sheriff of Indain River County
/bjr
SHERIFF DOBECK ADVISED THE BOARD THAT HE AND HIS CHIEF
DEPUTY WOULD HAVE THE FACTS AND FIGURES AVAILABLE AT THE NEXT MEETING
FOR DISCUSSION.
SECTION -8 EXISTING HOUSING PROGRAM
MOTION.WAS MADE BY COMMISSIONER SCURLOCK, SECONDED BY
COMMISSIONER WODTKE, FOR THE BOARD TO AUTHORIZE THE SIGNATURE OF THE
CHAIRMAN FOR THE REQUISITION FOR QUARTERLY PAYMENT OF'ANNUAL
CONTRIBUTIONS CONTRACT - SECTION S EXISTING HOUSING PROGRAM.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND
CARRIED WITH A VOTE OF 4 TO 1, WITH COMMISSIONER FLETCHER VOTING IN
OPPOSITION.
5
FE6 1119
w
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT - FO1; FEUD WE ONLY
REQUISITION FOR PARTIAL PAYMENT OF ANNUAL CONTRIBUTIONS
HOUSING ASSISTANCE PAYMENTS PROGRAM Voucher Number
SECTION 23 ❑ SECTION B
Date of Requisition 2/3/81 Fiscal Year Ending Date 9/30/81 For Quarter Ending 6/30/81
NAM AND ADDRESS OF PUBLIC HOUSING AGENCY (Including Zip Code)
Indian River County Board of County Commissioners
ACC Contract Number A-3409
Project Number FL -29—E132-001
800, 20th Place, Suite 3, Vero Beach, Fla. 32960
12
No. of Months in Fiscal Year
Type of Project:
DEPOSITARY BANK (Nanus, Address and Account Number)
First Citrus Bank
Vero Beach, Fla. 32960 Acct. #98-04000-1
EXISTING � NEW � REHAB.
a. Number of Units Under Lease to Eligible Families as of Date of Requisition 83
b. Estimated Number of Units to be under Lease at End of Requested Quarter 120
c. Average Monthly Housing Assistance Payment Per Unit as of Date of Requisition 148
ESTIMATE OF
REQUIRED
TOTAL COST
ESTIMATED
ADDITIONAL
CUMULATIVE
TOTAL
DESCRIPTION
ANNUAL
CONTRIBUTIONS
INCURRED
TO DATE
OST TO END
OF REQUESTED
QUARTER
FUNDS
REQUIRED
(11
(2)
(3)
(4)
(5)
PRELIMINARY ADMINISTRATIVE EXPENSE
1. Preliminary Administrative Expense—Prior to ACC (Account 4010)
0
0
0
0
0
0
2. Preliminary Administrative Expense—After ACC (Account 4012)
0
0
0
0
0
3. Total Preliminary Administrative Expense (Lines i & 2)
NONEXPENDABLE EQUIPMENT
4. Replacement of Nonexpendable Equipment (Account 7520)
• ;
0
0
0
0
0
0
S. Property Betterments and Additions (Account 7540)
0
0
0
S. Total Nonexpendable Equipment (Lines 4 & 5)
0
HOUSING ASSISTANCE PAYMENTS
7. Housing Assistance Payments (Account 4715)
265,476
60,665
53,280
113.9 5
ADMINISTRATIVE FEE
8. Total Administrative Fee Approved for Fiscal Year
31,212
9. Monthly Rate of Administrative Fee (Line 8 divided by number of months
-
!n fiscal yeas)
2.601
10. Amount Previously Requisitioned for fiscal year
13,222
6 , 611
11. Estimated Additional Amount Required to end of Requested Quarter
19,833
12. Total Administrative Fee (Lines 10& 111
INDEPENDENT PUBLIC ACCOUNTANT AUDIT COSTS (Section 8 only)
13. Total Independent Public Accountant Audit Costs
0
0
SECURITY AND UTILITY DEPOSITS (Section 23 only)
14. Total Allowance !Approved for Security and Utility Deposits
0
15. Amount Previously Requisitioned for Fiscal Year
0
16. Estimated Additional Amount Requirud to End of Requested Quarter
17. Total Security and Utility Deposits (Lincs 15 & 16)
AMOUNT OF THIS REQUISITION
X
18. Total Funds Required to End of Requested Quarter (Lines 3, 6, 7, 12,
133,778
13& 17)
92,350
19. Total Partial Payments Received for Fiscal Year to Date
41 4 2
20. Partial Payment Requested (Line 18 minus Line 19)
IST
2NO
3RD
TOTAL
METHOD OF PAYMENT
INSTALLMENT
INSTALLMENT
INSTALLMENT
21. Requested Installment Payments
13,809
13,809-
13-810
41-498
1 CERTIFY that housing assistance payments have been c: will be made only with respect to units which: (1) are under lease by Families at the time such
housing assistance payments are made exa'pt as otherwise provided in the Housing Assistance Payments Contracts and 12) the Housing Agency has within
one year prior to the malting of such housing assistance payments, adequately inspectod or caused to be inspected (including inspection of ?rounds, facilities,
and areas for the benefit and use of the ramilies) to ensure that decent, safe and sanitary housing accommodations are being provided; that all applicable pro-
visions of the above numbered Contract have been complied with by the Housing Agency; and that this requisition for annual contributions has been exam-
ined by me and to the best of my knowledge and belief it is true, correct and complete. Indian River County
B ay of Count Comm ssioners
ZAFebruary 3, 1981 ►no.+++r si Agency)
(Date) nature and Title of O cls Whorized to Certify)
HUD FIELD OFFICE APPROVAL
(Signature and Title of Official Authorized to Approve) (Dote)
REGIONAL ACCOUNTING DIVISION
PAYMENT
DATE
CERTIFIED
Prevalidatedby:
FOR
MONTH OF
AMOUNTPAID
CERTIFIED FOR
PAYMENT
BY
(Initials)
(Signature)
(Date)
—
TOTAL
HUD -526E.3
Rpnlar+ag Fnrm HUD -52663 dated June 1974.
GULFSTREAM AREAWIDE COUNCIL ON AGING, INC. - APPOINTMENT
ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COM-
MISSIONER BIRD, THE BOARD UNANIMOUSLY APPROVED THE APPOINTMENT OF
HUGH T. POOLE TO REPRESENT THE COUNTY COMMISSION AS AN ADVISORY
COUNCIL MEMBER TO THE GULFSTREAM AREAWIDE COUNCIL ON AGING, INC.
ORDINANCE RESTRICTING SUBSEQUENT APPLICATIONS FOR REZONING AFTER
DENIAL - ADVERTISEMENT AUTHORIZATION
MOTION WAS MADE BY COMMISSIONER WODTKE, SECONDED BY COM-
MISSIONER BIRD, THAT THE BOARD APPROVE AUTHORIZATION TO ADVERTISE
AN ORDINANCE RESTRICTING APPLICATIONS FOR REZONING AFTER DENIAL.
DISCUSSION ENSUED.
ATTORNEY COLLINS ADVISED THAT HE WOULD ALSO PREPARE AN
EXCLUSION CLAUSE IN THE ORDINANCE.
COMMISSIONER WODTKE ADDED THE EXCLUSION CLAUSE TO HIS MOTION,
AND IT WAS SECONDED BY COMMISSIONER BIRD.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND
CARRIED UNANIMOUSLY.
MINING ORDINANCE - ADVERTISEMENT AUTHORIZATION
ATTORNEY COLLINS RECOMMENDED THAT THE BOARD SECRETARY SEND
LETTERS TO THE HOLDERS OF MINING PERMITS IN THE COUNTY SO THAT THEY
MAY PARTICIPATE IN THE PUBLIC HEARING.
THE BOARD AGREED THAT IT WOULD BE HELPFUL TO ALSO SEND
THE PROPOSED ORDINANCE TO THE PERMIT HOLDERS.
COMMISSIONER FLETCHER DISCUSSED HAVING A TREE BANK FOR THE
COUNTY AND HOPED THIS ITEM COULD ALSO BE INCLUDED IN THE PROPOSED
ORDINANCE.
MOTION WAS MADE BY COMMISSIONER SCURLOCK, SECONDED BY COM-
MISSIONER BIRD, THAT THE BOARD ADVERTISE FOR A PUBLIC HEARING FOR
THE MINING ORDINANCE; AND HAVE THE BOARD SECRETARY NOTIFY THE MINING
PERMIT HOLDERS IN THE COUNTY; AND SEND THEM A COPY OF THE PROPOSED
ORDINANCE.
DISCUSSION FOLLOWED.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND
CARRIED UNANIMOUSLY$
REQUEST OF RELEASE OF PERFORMANCE BOND, VILLAGE GREEN, PHASE II
AND PHASE III
THE BOARD NEXT DISCUSSED THE FOLLOWING MEMORANDUM FROM
,ADMINISTRATOR NELSON:
NEIL A. NELSON - County Administrator
Lawyers Title Building
2345 14th Avenue, Vero Beach, Florida.32960
Telephone: (305) 562-4186
Sepretary to Board
Telephone: (305) 569-1940
February 5, 1981
TO: The Honorable Board of County Commissioners
FROM: Neil A. Nelson, County Administrator
SUBJECT: Request of Release of Performance Bond, Village
Green, Phase II and Phase III
DESCRIPTION & CONDITIONS
Richard I. Sills, Vice President, Village Green has
requested release of performance bond in the amount of
$176,842.00 for Village Gzeen Phase II & Phase III.
Inspection by the County Engineer indicates substantial
completion of all items with the exception of the lift station
construction for Village Green - Phase III, and extension of
the drainage outfall pipe. Both the engineer of record and
the County Engineer estimate completion of these items will
not exceed $1,000.00.
ALTERNATIVES & ANALYSIS
Under the Subdivision Ordinance of Indian River County,
the Board of County Commissioners has the option to retain
performance bond until completion of all improvements. Past
practice of the Board, however, has been to release a portion
of performance bond upon substantial completion of required
improvements.
RECOMMENDATION AND FUNDING
Based upon the inspection and past policy of the Board
of County Commissioners, it is recommended, performance bond
in the amount of $175,842.00 be released for Village Green,
Phase II & Phase III, with a $1,000.00 retainage being held
until completion of the above items.
These items have no financial impact upon the budget of
Indian River County.
w
t
Neil A. el County Ad ' 'strator
NAN/ep
ii
-7
MOTION WAS MADE BY COMMISSIONER BIRD, SECONDED BY COMMIS-
SIONER SCURLOCK, THAT THE BOARD RELEASE THE PERFORMANCE BOND IN THE
AMOUNT OF $175,842 FOR VILLAGE GREEN, PHASE II AND PHASE III, WITH
$1,000 BEING RETAINED UNTIL COMPLETION OF ITEMS AS OUTLINED IN
ADMINISTRATOR NELSONS MEMORANDUM OF FEBRUARY 51 1981.
ATTORNEY COLLINS MENTIONED THAT THE DEVELOPERS OF VILLAGE
GREEN HAD DISCUSSED THE DEVELOPMENT OF 160 ACRES WITH THE PLANNING &
ZONING COMMISSION, BUT THEIR PROGRESS IN PROCESSING THIS HAS BEEN
MOVING ALONG RATHER SLOWLY.
DISCUSSION FOLLOWED REGARDING THE PAVING OF WALKER AVENUE;
FRANCHISE AGREEMENTS; AND THE PROBLEMS THAT MAY ARISE WHEN THE COUNTY
TAKES OVER THE SYSTEM.
CHAIRMAN LYONS SUGGESTED THAT COMMISSIONER FLETCHER OR
COMMISSIONER SCURLOCK PUT TOGETHER A STUDY ON THE EXISTING FRANCHISES
AND PERHAPS OFFER SOME SUGGESTIONS FOR IMPROVEMENTS ON WAYS TO DEAL
WITH THE VARIOUS PROBLEMS.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON
AND CARRIED UNANIMOUSLY.
TRAFFIC CONTROL AT US #1 AND VICKERS ROAD
COUNTY ADMINISTRATOR NELSON REQUESTED THAT THIS ITEM BE
REMOVED FROM TODAY IS AGENDA.
THE BOARD NEXT DISCUSSED THE FOLLOWING MEMORANDUM FROM
ADMINISTRATOR NELSON:
NEIL A. NELSON - County Administrator
Lawyers Title Building
2345 14th Avenue, Vero Beach, Florida 32960
Telephone: (305) 562-4186
MEMORANDUM
Secretary to Board
Telephone: (305) 569-1940
February 4, 1981
TO: Board of County Commissioners
FROM: County Administrator
SUBJECT: Wabasso Beach Project Bond, Return of
On 8 October 1980, Compass Building Systems submitted
a check in the amount of $50,000 as a performance bond
required by an agreement between Compass and Indian River
County.
This bond was posted to insure completion of the
Wabasso Beach Improvements - Proposal"A; Engineers Job
#6383-B
On January 21, 1981, Randy Mosby, Project Engineer
of Sverdrup & Parcel and Associates, Inc - , made the final
inspection of the project and found the work to be acceptable
and well done. Based on their inspection and recommendation,
the retainage fee has been paid. All other bills owed to
Compass concerning this project have also been paid.
It is recommended that the $50,000 placed as a per-
formance bond by Compass be returned to Compass Building
Systems, Inc.
Neil A. Nelson
County Administrator
NAN/ep
ON MOTION MADE BY COMMISSIONER SCURLOCK, SECONDED BY
COMMISSIONER BIRD, THE BOARD UNANIMOUSLY AUTHORIZED THE RETURN
OF THE $50,000 PERFORMANCE BOND TO COMPASS BUILDING SYSTEMS, INC.
10
r
12011 .11 WI 00 010116:0111100 UN -IN
ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMIS—
SIGNER BIRD, THE BOARD UNANIMOUSLY AGREED TO HOLD A WORKSHOP FOR
THE ROAD PROGRAM ON MARCH 4, 1981 AT 7:00 P.M. AT THE CITY HALL
COUNCIL CHAMBERS.
PUBLIC HEARING - REZONING REQUEST FROM C-1 AND A TO R-1 - VINCENT QUADE
THE HOUR OF 9:30 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 Weekly
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 weekly newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
in the matter of
in the
fished 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, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, weekly and has been entered
as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida
for a period of one year next preceeding the first publication of the attached copy of adver-
tisement; 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 adver-
tisement for publication in the said newspaper. / �¢
Sworn to and subscribed bet re me his day of A.D. r v
4
usiness Manager)
(Clerk of the Circuit urt, Indian River County, Florida)
(SEAL)
r NOTICE
NOTICE IS HEREBY GIVEN that the Board
Of County Commissioners of Indian River
County, Florida, is reviewing the feasibility of
making the following changes and additions to
the Zoning Ordinance of Indian River County,
Florida, which changes . and additions are 1
substantially as follows:
1. That the Zoning Map be changed in order
that the following described property situated
on the south side of Oslo Road 1/4 mile west of
43rd Avenue, In Indian River.County, Florida,
to -wit:
Tract 2, ":Section •ill,-JawInship 33 South,
Range 39 East, said land lying and being in
Indian River Cdunty, Florld& r.,
-Be changed from C-1 Commercial and_A-
Agricultural Districts to R.I. Single Family
Residential District,
A public hearing in relation thereto at which
Parties in interest and citizens shall have an
opportunity to be heard, will be held by the '
Board of County Commissioners of Indian
River County, Florida, in the Council Chamber
of the City Hall, Vero Beach, Florida, on
Wednesday, February 11, 1981, at 9:30 A.M.
Board of County Commissioners
Indian River County
By: PatrickB Lyons, Chairman
Jan. 2,9,11"1. ;
M 9
fn 11 X91'
NOTICE OF THE PUBLIC HEARING WAS SENT TO VINCENT OUADE,
AND LLOYD AND ASSOCIATES, BY THE CLERK OF THE COURT, AS REQUIRED BY
FLORIDA STATUTE 125,66.
ART CHALLACOMBE, SENIOR PLANNER, REVIEWED THE FOLLOWING
STAFF REPORT:
ZONING CHANGE - STAFF REPORT
Vincent Quade
(Owner)
Lloyd and Associates
Agent
1935 20th Street
Address
Vero Beach. Fla. 32960
9-8-80
Date of Application
IRC-80-ZC-18
Application Number
Rezoning from C-1 & A to R-1
(District District
Preliminary Final Hearing
PROPOSED USE AND LOCATION: The 40.5 acre site is located 1300 feet.west of 43rd
Avenue, fronting on the south side of Oslo Road (9th Street S.W.). Applicant
requests the property be rezoned from C-1 Commercial (northern section of site)
and A -Agricultural (southern section of site) to R-1 Single Family Residential.!
Applicant plans to develop single family residential subdivision.
EXISTING SITUATION: Subject property is presently utilized as citrus grove.
Adjacent property to the east and west along Oslo Road is zoned C-1 Commercial.
The area directly north of the subject property on Oslo Road extending east to
43rd Avenue is zoned R-1 Single Family Residential. The area abutting the three
sides of the southern section of the property is zoned Agricultural. The
surrounding area contains no major residential or commercial development.
RECOMMENDATION: The 1975 Comprehensive Land Use Plan designated this area as
"either Agricultural or Other Development". The proposed Comprehensive Plan
indicates an urban density classification corridor along this area, with attendant
urban services. The proposed residential use is compatible with both plans;
staff recommends approval.
s
David M. Rever
Planning & Zoning Director
DMR: jt
cc: Lloyd and Associates
DISCUSSION WAS HELD REGARDING THE PRIMARY CITRUS BELT.
IT WAS POINTED OUT THAT THIS REZONING WOULD BE IN KEEPING WITH THE
PLANNING DEPARTMENTS SUGGESTION THAT THEY GO TO A NODAL CONCEPT
RATHER THAN STRIP ZONING ALONG OSLO ROAD.
=2
THE CHAIRMAN ASKED IF THERE WAS ANYONE PRESENT WHO WISHED
TO BE HEARD, THERE WERE NONE.
MOTION WAS MADE BY COMMISSIONER BIRD, SECONDED BY COMMIS-
SIONER SCURLOCK, THAT THE BOARD ADOPT ORDINANCE 8I-4 CHANGING THE
C-1 COMMERCIAL AND A -AGRICULTURAL DISTRICTS TO R-1 SINGLE FAMILY
RESIDENTIAL DISTRICT, AS REQUESTED BY VINCENT OUADE.
CHAIRMAN LYONS COMMENTED THAT HE PLANNED TO VOTE AGAINST
THIS AS HE OBJECTED TO THE CONVERSION OF ANY MORE AGRICULTURAL LAND
TO RESIDENTIAL.
COMMISSIONER BIRD NOTED THAT FOR EVERY 40 ACRES OF
AGRICULTURAL LAND THAT IS BEING REZONED, THE PLANNING DEPARTMENT IS
PLANNING TO ADD 2,000 OR MORE ACRES IN AREAS TO THE WEST WHERE THE
COUNTY NEVER HAD GROVES.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON
AND CARRIED WITH A VOTE OF 4 TO 1, WITH CHAIRMAN LYONS VOTING IN
OPPOSITION.
ORDINANCE N0. 81-4
WHEREAS, the Board of County Commissioners of Indian River
County, Florida, did publish and send its Notice of Intent to
rezone the hereinafter described property and pursuant thereto held
a public hearing in relation thereto, at which parties in interest.
and citizens were heard; NOW, THEREFORE,
BE IT ORDAINED by the Board of County Commissioners of Indian
River County, Florida, that the Zoning Ordinance of Indian River
County, Florida, and the accompanying Zoning Map, be amended as
follows:
1. That the Zoning Map be changed in order that the
following described property situated in Indian River
County, Florida, to -wit:
Tract 2, Section 28, Township 33 South, Range 39 East,
said land lying and being in Indian River County, Florida
Be changed from C-1 Commercial and A -Agricultural Districts
to R-1 Single Family Residential District.
All with the meaning and intent and as set forth and
described in said Zoning Regulations.
This Ordinance shall take effect February 16, 1981.
f
PUBLIC HEARING - REZONING REQUEST FROM R-1 To A - INDIAN RIVER
RIDING CLUB, INC.
THE HOUR OF 9:45 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 Weekly
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 weekly newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
aoo
�
9
in the matter of Odd 377 .
A.
in the Court, was pub -
fished in said newspaper in the issues of ���r a . 7 . I �(F
Affiant further says that the, said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, weekly and has been entered
as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida
for a period of one year next preceeding the first publication of the attached copy of adver-
tisement; 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 adver-
tisement for publication in the said newspaper.
Sworn to and subscribed before mehhis day ofd_ t -- A. D._LlQL_
—• "vr"ry
`YBusiness Manager)
(SEAL) (Clerk of the Circuit C6t, Indian River County, Florida)
NOTICE
NOTICE IS HEREBY GIVEN that the Board
Of County Commissioners of Indian River
County, Florida, is reviewing the feasibility of
making the following changes and additions to
the Zoning Ordinance of Indian River County,
-/Florida, which changes and additions are
substantially as follows:
1. That the Zoning Map be changed in order
that the following described property situated
on the north side of 37th Street, % mile west of
58th Avenue in Indian River County, Florida,
to -wit
TRACT 24 in the :South half of Section 29,
Township 32 South, Range 39 East, said land
lying and being in Indian River County,
Florida. ; t x
Be changed from R-1 Residential District to
A -Agricultural District.
A public hearing in relation thereto at which
parties in interest and citizens shall have an
opportunity to be heard, will be held by the
Board of County Commissioners of Indian
River County, Florida, in the Council Chamber
of the City Hall, Vero Beach, Florida, on
Wednesday, February 11, 101111, at 9:45 A.M.
Board of County Commissioners
Indian River County
By: Patrick B. Lyons, Chairman
Jan. 2,9, 119611.
NOTICE OF THE PUBLIC HEARING WAS SENT TO THE INDIAN RIVER
RIDING CLUB, INC. AND TO ROBERT JACKSON BY THE CLERK OF THE COURT,
AS REQUIRED BY FLORIDA STATUTE 125.66.
ART CHALLACOMBE, SENIOR PLANNER, REVIEWED THE FOLLOWING
STAFF REPORT:
-
FEB 11 .199
Bea' PA��
ZONING CHANGE - STAFF REPORT
Indian River Riding Club, Inc.
04 e r _
Robert Jackson
Agent
P.O. Box 2397
Address
Vero Beach. FL 32960
waffliff,
(Date of Application)
IRC ZC 80-21
Application Number
Rezoning from R-1 to A
(District DistrictT
Preliminary Final X Hearing
PROPOSED USE AND LOCATION: This 10 -acre site is located on 37th Street
one-half mile we--s—t—o—f 58th Avenue, and at the present time property
is occupied by a riding club facility including arena, jump course
and club house under construction.
EXISTING SITUATION: Surrounding property is zoned R-1 Single Family
Residentia ne'occupied residence is located adjacent to the
east side of subject property. The area along 37th Street has
scattered single family residences and primarily rural in character.
RECOMMENDATION: The existing land use of subject property is an
allowable use within the proposed Agricultural District. Under the
Agricultural classification, applicant may locate a mobile home unit
on the site to provide security. An Agricultural District is
compatible with overall the rural character of the area. The
application is in order, therefore staff recommends approval.
David M. Rev r
\ Planning and Zoning Di.rector
DR:mr
THE CHAIRMAN ASKED IF THERE WAS ANYONE PRESENT WHO WISHED
TO BE HEARD.
ATTORNEY ROBERT .JACKSON, REPRESENTING THE RIDING CLUB,
APPROACHED THE BOARD AND STATED THAT HE WAS AVAILABLE FOR ANY QUESTIONS
THEY MIGHT HAVE.
DISCUSSION ENSUED REGARDING HAVING AN ATTENDANT IN A MOBILE
HOME ON THE SITE IN ORDER TO DETER VANDALISM, AND TO MAINTAIN THE
FENCES.
ON MOTION BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER
SCURLOCK, THE BOARD UNANIMOUSLY AGREED TO CLOSE THE PUBLIC HEARING.
16 =
r
MOTION WAS MADE BY COMMISSIONER WODTKE, SECONDED BY COM-
MISSIONER BIRD, THAT THE BOARD ADOPT ORDINANCE 81-5 REZONING THE
R-1 RESIDENTIAL DISTRICT TO A -AGRICULTURAL DISTRICT, AS REQUESTED
BY THE INDIAN RIVER RIDING CLUB, INC., AND BASED UPON THIS BEING THE
PRESENT AND BEST USE OF THE PROPERTY.
CHAIRMAN LYONS INQUIRED WHY THE RIDING CLUB WAS IN R-1
ZONING AT THE PRESENT TIME.
ATTORNEY JACKSON EXPLAINED THAT THE RIDING CLUB PURCHASED
THE PROPERTY IN 1973 WHEN IT WAS A CONFORMING USE,
FURTHER DISCUSSION ENSUED ALONG THOSE LINES.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND
CARRIED UNANIMOUSLY.
ORDINANCE NO. 81-5
WHEREAS, the Board of County Commissioners of Indian River
County, Florida, did publish and send its Notice of Intent to
rezone the hereinafter described property and pursuant thereto
held a public hearing in relation thereto, at which parties in
interest and citizens were heard; NOW, THEREFORE,
BE IT ORDAINED by the Board of County Commissioners of
Indian River County, Florida, that the Zoning Ordinance of Indian
River County, Florida, and the accompanying Zoning Map, be amended
as follows:
1. That the Zoning Map be changed in order that the
following described property situated in Indian River
County, Florida, to -wit:
Tract 24 in the south half of Section 29, Township
32 South, Range 39 East, said land lying and being
in Indian River County, Florida
Be changed from R-1 Residential District to A -Agricultural
District.
All with the meaning and intent and as set forth and
described in said Zoning Regulations.
This Ordinance shall take effect February 16, 1981.
,JOINT VENTURE - STATUS REPORT OF PROJECTS - AUTHORIZATION REQUESTS
THE BOARD NEXT DISCUSSED THE MEMORANDUM PREPARED BY .JOHN
ROBBINS, AS FOLLOWS:
February 5, 1981
TO:
FROM:
SUBJECT:
SVERDRUP & PARCEL AND ASSOCIATES, INC.
AND
BEINDORF AND ASSOCIATES, INC.
(A JOINT VENTURE)
Project No.
MEMORANDUM
George Liner, Utilities Dept.
Indian River County
John A. Robbin42
Status Report of Projects by Sverdrup & Parcel and Associates, Inc.
and Beindorf and Associates, Inc. (A Joint Venture)
ITEM #1 - SOUTH COUNTY TAX DISTRICT Engineer's Proj. No. 6858
6674
Status of the South County Water System is as follovis:
--The test well program has been completed and Geraghty & Miller is in
the process of analyzing data obtained. They will be preparing
supplements for the water use permit. We have received water quality
data'and are currently analyzing the data.
--The transmission system design has been completed and a set of construc-
tion drawings will be submitted to the Utilities Department for review.
We will incorporate the County's review comments into the design.
- --The support facilities are in the final design stages. We are currently
working on the site plan, and will be submitting the site plan to the
Planning Department under the site plan review process. In addition,
we have been contacted by the South County Fire District to assist them
in obtaining site plan information fo.r the proposed Oslo Road Fire Station.
--We are targeting -10 advertise for bid in April.
--In addition, the floor plan to be utilized for the treatment facility
will also be submitted to the Utilities Department for review within
ten days.
19
Status of the Gifford Area Sewerage Improvements is -as follows:
--The contracts for the Gifford Area Sewerage Improvements have been
executed by the Contractor and Indian River County. We have forwarded
the documents to Farmers Home Administration (FmHA) in Gainesville and
have requested to have these documents reviewed and approved immediate-
ly. FmHA must approve the documents prior to the County issuing Notice
to Proceed. We are making every effort to insure an expeditious review
and approval by FmHA.
The Contractor has notified us he can begin construction within two
weeks of receiving Notice to Proceed. Furthermore, the Contractor
anticipates construction to be completed within 120 days.
ITEM #3 - PEBBLE BAY AREA SEWERAGE IMPROVEMENTS Engineer's Proj. No. 6765
Status of Pebble Bay Area Sewerage Improvements'is as follows:
--The final concept for the system design of this project, consisting also
of the work required for the Town -of Indian River Shores portion, has
been finalized. A report which has been prepared for the Town of Indian
River Shores outlining the overall design and construction costs will be
submitted to Indian River County and the City of Vero Beach for concur-
rence. In addition, we are currently preparing revisions to the construc-
tion drawings and contract documents which were prepared in 1980 for this
project. A detailed status report of this project will be submitted after
the County has the opportunity to review the preliminary engineering
report prepared for the Town of Indian River Shores.
ITEM #4 - 201 FACILITIES PLAN
Engineer's Proj. No. 6383-C
Status of the 201 Facilities Plan is as follows:
--We are sti.11 awaiting receipt of the resolution from the Town of Orchid
adopting the 201 Plan. We will be contacting the Town of Orchid to
offer assistance relative to the adoption of the required resolution.
--On February 3, 1981, we met with Mr. Van Hoofnagle and Mr. B. Vora
of
Florida Department of Environmental Regulation (Florida DER) in Talla-
hassee, to discuss the alternatives available for submittal of the
Step 2
grant application for this project. In addition, discussions were
held '
regarding possible segmentation of the work required by the County
and
the Town of Indian River Shores. The segmentation would provide grant
assistance under the 201 process for this project. Also discussed
was
the requirement outlined in the City of Vero Beach's resolution
which requires the inclusion of treatment plant modifications to
the Vero Beach plant in the 201 document. We will be requesting
a meeting with Mr. Pat Lyons, Mr. Joe Collins and Mr. Neil Nelson
to further discuss the items outlined above. It is our feeling
a preliminary meeting with Environmental Protection Agency (EPA)
in Atlanta should be held prior to completion of the Step 2 grant
application, and we request authorization to establish this meet-
ing as soon as possible.
ITEM #5 - THE LEGAL AGREEMENT REVIEW FOR
UTILITIES DEPARTMENT
Engineer's Proj. No. 6383-A
Status of the Legal Agreement Review for the Utilities Department
is as follows:
--No activity under this item at this time.
0
ITEM #6 - SOUTH BEACH WATER LINE EXTENSION
PRELIMINARY COST ESTIMATES
Engineer's Proj. No. 6383-A
Status of the South Beach Water Line Extension Preliminary Cost
Estimates is as follows.:
--A,,meeting has been held with Mr. Hillman Goff of the City of Vero
Beach, and Gee and Jenson, representing the City of Vero Beach,
along with Mr. George Liner, County Utilities Director. The varia-
tions in pipe size requirements, which are presented in our last
Status Report, have been resolved. We are awaiting a letter from
the City of Vero Beach which will state the specific per capita
water consumption to be used for design. In addition, we will
revise the pipe size requirements and prepare cost estimates for
the required design. This report should be completed within five
days. We are currently obtaining information on the cost of aerial
photographs required for the design. We are prepared to begin final
design of this project upon approval by the Board of County Commis-
sioners. In addition, we will be preparing a list of the number of
existing and proposed living units within the project area for the
purpose of determining impact fees. Furthermore, the initial cost
of the preparation of our preliminary water system analysis will
require the full $1,500 which we estimated to the County. In order
to provide the information necessary to determine impact fees and
classifications o� existing and proposed living units and a rerun
of the computer analysis, additional fees will be required. There-
- fore, we request your authorization to proceed with the additional
items outlined above. We propose to bill the County on the basis
of actual manhours required to prepare the required data. We antic-
ipate the additional cost to approach approximately $1,200.
ADMINISTRATIVE NOTE
In regard to the information contained herein, the following authori-
zations are needed.
1. Authorize the Joint Venture to meet with EPA in Atlanta as soon
as possible to discuss the 201 Plan.
2. Authorize additional expenditures to the Joint Venture to prepare
supplementary information for the South Beach Water Line project.
JAR: vs
cc: Mr. James Beindorf
Mr. Jim Jones
Ms. Liz Forlaniv"'
File
FE B 11<1981
qohn A. Robbins
For the Joint Venture
TEB 1-11981
ADMINISTRATOR NELSON EXPLAINED THAT JOHN ROBBINS COULD
NOT BE PRESENT TODAY BECAUSE HE HAD THE FLU.
DISCUSSION FOLLOWED IN RE THE REQUIREMENT FROM THE CITY OF
VERO BEACH TO HAVE 1,000 GALLONS PER DAY FOR THE SOUTH BEACH WATER LINE
WHEREAS SVERDRUP & PARCEL PROPOSED ONLY 650 GPD. THE PROPOSED LINE
AND THE SOUTH BEACH WATER TAXING DISTRICT WERE DISCUSSED AT LENGTH.
CHAIRMAN LYONS EXPLAINED THAT A TAXING DISTRICT WAS SET
UP IN ORDER TO GATHER MONEY TO DO THE NECESSARY ENGINEERING IN ORDER .
TO PROVIDE THE SERVICE. HE CONTINUED THAT THIS WAS A JOINT PROJECT
WITH THE CITY OF VERO BEACH.
MOTION WAS MADE BY COMMISSIONER WODTKE, SECONDED BY COM-
MISSIONER SCURLOCK, FOR THE BOARD TO_AUTHORIZE ADDITIONAL EXPENDITURES
TO THE JOINT VENTURE TO PREPARE SUPPLEMENTARY INFORMATION FOR THE SOUTH
BEACH WATER LINE PROJECT, FOR AN AMOUNT NOT TO EXCEED $1,200.
DISCUSSION ENSUED REGARDING PIPE SIZE REQUIREMENTS, AND
IT WAS NOTED THAT THE COUNTY'S CONTRACT WITH THE CITY INDICATES THE
CITY APPROVES THE SIZE OF THE LINE.
COMMISSIONER BIRD INQUIRED WHAT HAPPENED TO THE REPORT FROM
BEINDORF AND ASSOCIATES DATED JULY 30, 1979.
ATTORNEY COLLINS ADVISED THAT THE REPORT WAS BASED ON
IMPROPER ASSUMPTIONS. HE ASSUMED THAT THEY HAVE GOTTEN TOGETHER WITH
THE CITY REGARDING THEIR STANDARDS AND REQUIREMENTS.
LENGTHY DISCUSSION FOLLOWED.
CHAIRMAN LYONS SUGGESTED ITEM 1 UNDER THE ADMINISTRATIVE
NOTE BE INCLUDED IN THE MOTION.
COMMISSIONER WODTKE ADDED TO HIS MOTION THAT THE BOARD
AUTHORIZE THE JOINT VENTURE TO MEET WITH EPA IN ATLANTA AS SOON AS
POSSIBLE TO DISCUSS THE 201 PLAN; AUTHORIZE THE FUNDS FOR TRAVEL;
AND AUTHORIZE ATTORNEY COLLINS AND CHAIRMAN LYONS TO ATTEND THIS
MEETING.
COMMISSIONER SCURLOCK SECONDED THE ADDITION TO THE MOTION.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND
CARRIED WITH A VOTE OF 4 TO 1, WITH COMMISSIONER FLETCHER VOTING IN
OPPOSITION.
THE HOUR OF I0:30 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 Meekly
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 weekly newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
,
a
in the matter of &AjjwrCi _hte.
in the
Court, was pub-
lished in said newspaper in the issues of _23, 2-C-,
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, weekly and has been entered
as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida
for a period of one year next preceeding the first publication of the attached copy of adver-
tisement; 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 adver-
tisement for publication in the said newspaper.
Sworn to and subscribed before This �� fr6y 7f A. .
/1 } (By, inefs Manager)
(SEAL) (Clerk of the Circuit Court, Indian R'vj County, Florida)
NOTICE'OF PUBLIC HEARING
NOTICE is hereby given that the Board of
County Commissioners. of Indian River
County, Florida, called for a Public Hearing to
be held in City Council Chambers in Vero
Beach City Hall, Vero Beach, Florida. The
Public Hearing . before the County Com-
missioners will be held on February 11, 1981, at
the hour of 10:30 o'clock a.m. for the purpose of i
hearing all persons interested in the following:
Application of Harris Sanitation, Inc., for the
purpose of obtaining a nonexclusive franchise
to provide solid waste, building demolition
materials, and paper recovery collection
services for commercial, nonresidential units
in Indian River County, Florida. The term of
the requested franchise Is thirty (30) years,
and the proposed schedule of rates to be
charged is as follows:
15 -yard roll -off box ..,$100 per pull plus
l- dumping fee
30 -yard roll -off box ' -5124 per -pull plus
dumping fee
40 -yard roll -off box $130 per pull plus
dumping fee
roll -off container
maintenance $2 per day
4 -yard dumpster., f25 per pull plus
dumping fee j
dumpster maintenance $15 per month
6 -yard dumpster 537 per pull plus
dumping fee
dumpster maintenance.
$20 per month
All persons wishing to be heard should ap-
pear at this meeting in person.
Patrick B. Lyons, Chairman
Board of County Commissioners
Jan. 23, 25, 1981.
THE BOARD THEN CONSIDERED THE FOLLOWING MEMORANDUMS:
0
Chairman Vice Chairman
PATRICK B. LYONS WILLIAM C. WODTKE, JR. A. DROVER FLETCHER DON C. SCURLOCK, JR. DICK BIRD
District 2 District 4 District 1 District 3 District 5
BOARD OF COUNTY COMMISSIONERS
2145 14th Avenue, Vero Beach, Florida 32960
NEIL A. NELSON - County Administrator
Lawyers Title Building
2345 14th Avenue, Vero Beach, Florida 32980
Telephone: (305) 562-4186
mmPANDIN
TO: Neil A. Nelson, County Administrator
FROM: Robert Donlon, Personnel Director
RE: Franchise Application for Harris Sanitation
Secretary to Board
Telephone: (305) 569-11140
January 22, 1981
The franchise application for Harris Sanitation Company for service in the County
has been reviewed by the Administrator's staff and their comments are included. It
appears that the application meets all requirements for a Public Hearing to be held.
(The application is Enclosure #1, Staff Comments is Enclosure #2).
Harris Sanitation has previously applied for a franchise on August 20, 1975, and
the Board of County Commissioners denied their application. A copy of the minutes of
the Board of County Commissioners' meeting is enclosure #3.
A letter from Rural Sanitation is enclosed stating their objections to the appli-
cation as they are now in a position to offer this type of service. I have reviewed
the present franchise of Rural Sanitation and find they are correct in stating "no
new franchise will be awarded if the existing holder will furnish the service as applied
for". (Enclosure #4)
Based on the above information, it is my recommendation that the franchise application
be denied.
R. D.
RD: 1h
enc. (1) Franchise application
(2) Staff Comments
(3) Minutes of Board of C.C. meeting 8-20-75
(4) Letter from Rural Sanitation
I have read Robert Donlon's memo of 1-22-81 and concur with his recommendation.
24
*eleso—n-,C-Tounty ministrator
NEIL A. NELSON - County Adndniatretw
Lawyers Title Building
2345 14th Avenue, Vero Beach, Florida 32960
Telephone: (305) 562-4186
MEMORANDUM
Secretary to Board
Telephone: (305) 569-1940
February 10, 1981
TO: Pat B. Lyons, Chairman, Board of County Commissioners
FROM: Neil A. Nelson, County Administrator
RE: Harris Sanitation
As per your request I have obtained the following information:
COMMERCAIL SERVICE RATE COMPARISON
Tri County Refuse Service - Orlando, Fla.
4 Yard Container 1 Pick up per week
2 Pick ups per week
6 Yard Container 1 Pick up per week
2 Pick ups per week
$45.00 per Month
$72.00 per Month
$55.00 per Month
$92.00 per Month
20 Yard Roll Off Container $59.00 - $3.00 per day Rental plus Dump Fee
30 at It Is If$75.00 - $4.00 it
40 11 If If 11$95.00 - $5.00 11
Curry's Garbage Service - St. Lucie County
4 Yard Container
2 Pick up per week
Minton's Garbage Service - St. Lucie County
$72.00 per Month
4 Yard Container 1
Pick
up
per week
$40.00
per
Month
2
Pick
ups
per week
$72.00
per
Month
6 Yard Container 2
Pick
ups
per week
$108.00
per
Month
St. Lucie Sanitation Co. - St. Lucie County
4 Yard Container 2 Pick ups per week
6 Yard Container 2 Pick ups per week
20 Yard Roll Off Container $70.00
40 Yard Roll Off Container $90.00
Rural Sanitation - Indian River County
4 Yard Container
6 Yard Container
2 Pick ups per week
2 Pick ups per Week
$72.00 Der Month
$108.00 per Month
$90.00 Der Month
$120.00 per Month
20
Yard
Roll
Off
Container
$100.00 plus
$2.00
per
Day
plus
Dump
Fees
30
Yard
Roll
Off
Container
$115.00 If
$2.00
per
Day
plus
Dump
Fees
40
Yard
Roll
Off
Container
$130.00 of
$2.00
per
Day
plus
Dump
Fees
In obtaining this information Bob Donlon has been informed by certain owners
of these sanitation services that they are concerned about Harris Sanitation coming
into the area. They have stated that Harris Sanitation has a history of coming into
an area at very low rates and once they are established, raising the rates by a con-
siderable amount. If you would like further information on this matter, you may
contact John Jennings at Tri County Waste of Orlando, telephone 425-6600,
25
N.
ME
FE6 11..1981
ADMINISTRATOR NELSON RECOMMENDED, BASED UPON THE INFORMATION
IN THE MEMORANDUMS, THAT THE FRANCHISE APPLICATION BE DENIED.
ATTORNEY COLLINS REVIEWED THE PROCEDURE THE COUNTY HAS
USED FOR ISSUING FRANCHISES IN THE PAST, HE SUGGESTED THAT THE BOARD
HEAR FROM THE APPLICANT AND THEN OTHER INTERESTED PARTIES; ADDRESS
THE ISSUE OF NEED FOR ADDITIONAL SERVICES; AND ADDRESS THE FRANCHISE,
IF APPROVED.
THE CHAIRMAN ASKED IF THERE WAS ANYONE PRESENT WHO WISHED
TO BE HEARD.
ELTING STORMS, REPRESENTING HARRIS SANITATION, INC., CAME
BEFORE THE BOARD AND COMMENTED THAT HARRIS SANITATION HAD BEEN OPERATING
IN THIS COUNTY WITH AN OCCUPATIONAL LICENSE - THE COUNTY SUGGESTED
THEY APPLY INSTEAD FOR A FRANCHISE.
ADMINISTRATOR NELSON EXPLAINED THAT HARRIS SANITATION HAS
A UNIQUE BUSINESS OF COLLECTING BOXES FROM SUPER MARKETS; THEY ALSO
HAVE A LANDFILL PERMIT, BUT IT IS NOT SPECIFICALLY FOR TRASH AND
REFUSE WITHIN THE COUNTY, HE CONTINUED THAT THEY FOUND OUT THAT
HARRIS WAS COLLECTING CONSTRUCTION MATERIALS AND THE COUNTY, AT THAT
TIME, REQUESTED THEY APPLY FOR A FRANCHISE.
SAM HARRIS, PRESIDENT OF HARRIS SANITATION, COMMENTED THAT
THEY WERE JUST INTERESTED IN PICKING UP THE CONSTRUCTION MATERIAL.
HE NOTED THAT HARRIS SANITATION WAS A WHOLLY OWNED SUBSIDIARY OF
WASTE MANAGEMENT, INC. AND THAT HE WAS MERELY AN EMPLOYEE.
COMMISSIONER WODTKE POINTED OUT TO MR. HARRIS THAT THEIR
ACCOUNT WITH THE COUNTY HAS BEEN IN ARREARS 30 TO 60 DAYS.
MR. HARRIS REPORTED THAT THERE WAS NO PROBLEM IN THE
PAYMENT - THEY HAVE THE COUNTY ON A 15 -DAY PAY.
MR. STORMS INTERJECTED THAT HARRIS WOULD BE PREPARED TO
FURNISH WHATEVER FINANCIAL INFORMATION WAS REQUIRED, AND THAT THE
COUNTY COULD CHECK WITH THE OTHER COUNTIES IN WHICH THEY DO BUSINESS.
COMMISSIONER FLETCHER EXPRESSED ANGER AT THE THOUGHT OF
DENYING HARRIS SANITATION THE RIGHT TO DO BUSINESS IN THIS COUNTY.
r
ATTORNEY COLLINS REFERRED TO THE DOCUMENTS THE BOARD HAD
BEFORE THEM AND POINTED OUT THAT THE DEFINITIONS ARE VERY BROAD AND
THE PROPOSED FRANCHISE, AS IT READS, IS NOT LIMITED TO JUST
CONSTRUCTION MATERIALS.
ATTORNEY RICHARD SALIBA, REPRESENTING RURAL SANITATION
SERVICE, FELT THE BOARD MUST FOCUS ON THE FRANCHISE AGREEMENT THAT
RURAL SANITATION HAS WITH THE COUNTY. HE ADDED THAT RURAL SANITATION
IS CAPABLE AND DESIRES TO PROVIDE THE SERVICE THE APPLICANT IS NOW
REQUESTING.
DISCUSSION WAS HELD ABOUT THE PRESENT FRANCHISE AGREEMENT
THE COUNTY HAS WITH RURAL SANITATION SERVICE.
ATTORNEY SALIBA REFERRED TO THE CERTIFICATE OF INCORPORATION
OF HARRIS SANITATION, INC., AND OUT OF SIX OF THE OFFICERS, FIVE ARE
ON THE BOARD OF DIRECTORS OF WASTE MANAGEMENT. HE ADDED THAT RURAL
SANITATION HAS THE TRUCKS AND THE CAPABILITY TO SERVICE LARGE AND
SMALL COMMERCIAL ACCOUNTS, THEY HAVE BEEN IN BUSINESS FOR ZZ YEARS,
AND THERE ARE NO ACTIVE COMPLAINTS ABOUT THEIR COMPANY. HE THEN
DISTRIBUTED A COMPENDIUM TO THE BOARD AND READ EXCERPTS FROM IT WHICH
REFERRED TO VARIOUS ALLEGATIONS AGAINST WASTE MANAGEMENT, INC. HE
READ SEVERAL NEWSPAPER ARTICLES THAT REFERRED,TO ON-GOING INVESTIGATIONS,
ANTI-TRUST SUITS, BRIBERY CHARGES, AND CIVIL SUITS, ETC., IN
CONNECTION WITH WASTE MANAGEMENT, INC. ATTORNEY SALIBA THEN COMPARED
THE RECORD OF WASTE MANAGEMENT, INC. TO RURAL SANITATION SERVICE, AND
HOPED THE BOARD WOULD CONSIDER ALL THE INFORMATION PRESENTED.
A COPY OF THE COMPENDIUM, PREPARED BY ATTORNEY SALIBA, IS
ON RECORD IN THE OFFICE OF THE CLERK.
BOB FRYER, REPRESENTING RURAL SANITATION, APPROACHED THE
BOARD AND COMMENTED THAT THEY DO HAVE THE CAPABILITY TO SERVE THE
COUNTY, AND THEY PURCHASED THEIR EQUIPMENT THINKING THEY WOULD BE
PROTECTED BY THEIR FRANCHISE.
COMMISSIONER BIRD MUSED THAT IF A NEED EXISTED TO HAVE
CONSTRUCTION -TYPE DEBRIS COLLECTED, RURAL SANITATION SHOULD HAVE
PROVIDED THIS SERVICE EARLIER.
_FEB
MR. FRYER ADVISED THAT THEY HAD NEVER RECEIVED ANY REQUESTS
FOR THIS TYPE SERVICE UNTIL SEVERAL MONTHS AGO. HE ADDED THAT THEY
NOW HAVE ROLL -OFF CONTAINERS TO HANDLE THIS SERVICE, AND HAVE HAD
THEM SINCE DECEMBER, 1980.
LENGTHY DISCUSSION FOLLOWED, AND IT WAS DETERMINED THAT
APPLYING FOR A FRANCHISE WAS THE APPROPRIATE VEHICLE FOR HARRIS
SANITATION TO USE IN ORDER TO FIND OUT THE BOARDS ATTITUDE REGARDING
THE GRANTING OF THE FRANCHISE, AND ON THIS BASIS, THE ADMINISTRATOR
ASKED HARRIS SANITATION TO APPLY.
WILLIAM KOOLAGE, INTERESTED CITIZEN, CAME BEFORE THE BOARD
AND EXPRESSED CONCERN ABOUT THE COST OF RESIDENTIAL PICK-UP AND DID
NOT SEE ROOM IN THIS COUNTY FOR ANOTHER PICK-UP SERVICE. HE CAUTIONED
THE BOARD AGAINST GRANTING ANOTHER FRANCHISE.
DAN FLEISCHMAN, 450 11TH LANE SW, PRAISED THE SERVICE
RURAL SANITATION PROVIDED, ESPECIALLY WHEN HE RECENTLY HAD A PROBLEM.
HE THEN EXPRESSED HIS SATISFACTION WITH RURAL SANITATION.
MARION BOSSONG, INDIAN RIVER SANITATION SERVICE, APPROACHED
THE BOARD AND READ THE FOLLOWING LETTER:
February 11, 1981
INDIAN RIVER SANIT'AT'ION SERVICE
P.O. BOX 1356
VERO BEACH, FLORIDA 32960
Phone: -569-1776
To: Board of County Con i.ssioners of Indian River County
From: C. Reed Knight, Jr., Owner of Indian River Sanitation Service
Re:. Harris Sanitation Hearing for a Commercial Franchise
Gentleen,;
I want,to apologize for not being here in person today, but since it was
necessary for me to be out of town, I have asked my office manager Marion
Bossong to represent me in this matter and read you my thoughts on this.Since
Marion handles all my financial and business matters, I feel she will be able
to answer any questions you night have.
In the Harris Sanitation Hearing for a Commercial Franchise, there is no
mention of any exact specifics as to whether this franchise would be just for
the roll -off containers that they are presently serving in the Indian River,
County area or whether it would be for all Commercial Accounts. If the ConYnercial
Franchise would mean only the roll -off containers, I would have no objection to
thei± continuing to service these containers, since no one locally is financially
capable of providing this service, as far as I know, However,.I would not want
this introduction into commercial roll -offs to be a springboard for*Harris Sani-
tation to expand into the already competitive field of commercial customers,and
containers. As the County Commissioners are already aware, in reviewing our
financial situation at the last Rate Increase Hearing, on July 9, 1980, Indian
River Sanitation Service is not prospering and I feel that a further division
or loss of commercial customers will cause.me to have to terminate this company and
this.would leave only one choice of service to the residential customers of
Indian River County, who are the taxpayers. Therefore I oppose the Franchise as
it is presently written as the term "Commercial" is not specific enough for my
interpretation.
E �IA
C.. Reed KnighC,,✓
ATTORNEY STORMS REITERATED THAT HARRIS SANITATION WAS
REQUESTING A FRANCHISE TO PICK UP CONSTRUCTION MATERIAL AND IF THERE
WAS NOT A NEED, THEY WOULD NOT HAVE HAD PEOPLE CALLING THEM IN BREVARD
COUNTY TO PROVIDE THIS SERVICE. HE NOTED THAT THEY COULD ALTER THE
FRANCHISE TO INDICATE CONSTRUCTION MATERIAL ONLY.
ATTORNEY SALIBA REMINDED THE BOARD THAT MR. HARRIS WAS AN
EMPLOYEE OF WASTE MANAGEMENT, INC., AND TO CONSIDER THE FRANCHISE
AGREEMENT THAT THE COUNTY NOW HAS WITH RURAL SANITATION SERVICE.
MR. HARRIS HAD IN THE COUNTY, AND MR. HARRIS RESPONDED THAT HE HAD
FIVE OR SIX OF THEM.
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
BIRD, THE BOARD UNANIMOUSLY AGREED TO CLOSE THE PUBLIC HEARING.
THE BOARD THEN CONSIDERED ALL THAT HAD BEEN PRESENTED.
COMMISSIONER FLETCHER FELT THE BIGGER CONCERN HERE TODAY
WAS THE BASIC RIGHTS OF PEOPLE TO COMPETE IN BUSINESS.
MOTION WAS MADE BY COMMISSIONER FLETCHER THAT THE BOARD
GRANT THE FRANCHISE TO HARRIS SANITATION, INC.
THE MOTION DIED FOR LACK OF A SECOND.
COMMISSIONER WODTKE EXPLAINED THAT HE BELIEVED IN THE FREE
ENTERPRISE SYSTEM AND THE RIGHT TO DO BUSINESS; HOWEVER, THEY WERE
DEALING IN A SERVICE THAT IS PRESENTLY IN THE COUNTY. HE PERSONALLY
COULD NOT UNDERSTAND WHY WASTE MANAGEMENT, INC., WITH FIVE OR SIX
ROLL -OFF CONTAINERS, WOULD WANT TO COME TO THIS COUNTY TO PICK UP
CONSTRUCTION MATERIAL. COMMISSIONER WODTKE FELT THE SERVICE THAT
HAS BEEN RENDERED BY THE LOCAL PEOPLE WAS ADEQUATE.
MOTION WAS MADE BY COMMISSIONER WODTKE, SECONDED BY COM-
MISSIONER SCURLOCK, FOR THE BOARD TO DENY THE FRANCHISE SINCE THERE
WAS NOT A NEED DEMONSTRATED FOR THIS SERVICE IN THE COUNTY.
COMMISSIONER BIRD STATED HE WOULD SUPPORT THE MOTION BUT
HE FELT THERE WAS AN INTERIM PERIOD WHEN RURAL SANITATION SHOULD HAVE
PROVIDED THIS SERVICE, AND HE HOPED THAT IN THE FUTURE THEY WOULD BE
MORE PROGRESSIVE.
DISCUSSION ENSUED,
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND
CARRIED WITH A VOTE OF 4 TO 1, WITH COMMISSIONER FLETCHER VOTING IN
OPPOSITION.
ATTORNEY COLLINS EXPRESSED CONCERN ABOUT THE REASONS GIVEN
FOR NOT APPROVING THE FRANCHISE. HE FELT THE "NEED" WOULD BE ONE
REASON, AND WONDERED IF OTHER REASONS SHOULD BE ELABORATED.
n
MORE DISCUSSION FOLLOWED ALONG THOSE LINES.
MOTION WAS MADE BY COMMISSIONER WODTKE, SECONDED BY COM-
MISSIONER SCURLOCK, THAT THE BOARD DENY THE FRANCHISE DUE TO THE FACT
THAT TO DIVIDE THE COMMERCIAL BUSINESS IN THE COUNTY WOULD HAVE A
SERIOUS EFFECT ON THE PRESENT SANITATION SERVICES.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON
AND CARRIED WITH A VOTE OF 4 TO 1, WITH COMMISSIONER FLETCHER VOTING
IN OPPOSITION.
ON MOTION MADE BY COMMISSIONER BIRD, SECONDED BY COMMIS-
SIONER SCURLOCK, THE BOARD UNANIMOUSLY AGREED TO CONTINUE THE
PUBLIC HEARING CONCERNING THE PRECIOUS METALS ORDINANCE UNTIL 1:30
of CLOCK P.M.
THE BOARD OF COUNTY COMMISSIONERS THEREUPON RECESSED AT
12:00 O'CLOCK NOON FOR LUNCH AND RECONVENED AT 1:45 O'CLOCK P.M.
WITH THE SAME MEMBERS PRESENT. DEPUTY CLERK VIRGINIA HARGREAVES TOOK
OVER FROM DEPUTY CLERK JANICE CALDWELL FOR THE REMAINDER OF THE
MEETING.
C
31
FES 111981
-FEB 11191
ATTORNEY COLLINS ANNOUNCED THAT THIS PUBLIC HEARING ON THE
PROPOSED PRECIOUS METALS ORDINANCE WAS CARRIED OVER FROM THE LAST
MEETING AT WHICH -TIME IT WAS PROPERLY ADVERTISED AS PER THE FOLLOW-
ING NOTICE:
VERO BEACH PRESS -JOURNAL
Published Weekly
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER:
STATE OF FLORIDA
Be', -re 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 weekly newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
.-P— -
a /1_ It 4
in the matter of &. kaeizAl , e — % Z ,
in the Court, was pub-
lished in said newspaper in the issues of -k Tarr . Ig . 14s
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, weekly and has been entered
as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida
for a period of one year next preceeding the first publication of the attached copy of adver-
tiserrent; 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 adver-
tisement for publication in the said newspaper.
Sworn to and subscribed before MeAthiS day of Tim! A.D.Q.
'CAusinm Manager)
(SEAL)
(Clerk of the Circuit Couondian River County, Florida)
'
NOTICE ...
NOTICE IS HER EBY GIVEN that the Board
of County Commissioners of -Indian River -
County, Florida, will hold'a public hearing on
January 28, 1981, at 11:00 A.M. In the City
Council Chambers In the Vero Beach City Hall
to consider the adoption of an r r
Ordinance amending Chapter 17 of the Code
�of Ordinances for Indian River County,
fecl lea, entitled "Offenses and Miscellaneous -I
Provisions," to add a new Section thereto to be
numbered Section 17.4, to require persons
dealing in precious metals, jewels and stones,
such as gold, silver, platinum, diamonds,
rubies, emeralds, sapphires, turquoise, jade,
opals, amethyst, and pearls, to keep a record.
of all purchases; providing guidelines for said
records providing that said records shall be
made available to law enforcement officers
upon request; providing for a penalty;
providing for an effective date.
- Board Of County Commissioners ofi
Indian River County, Florida
By: -s -Patrick B. Lyons'
Chairman
Jan. 8, 1981: ,,{.: • : ...,
ATTORNEY COLLINS REPORTED THAT THE PROPOSED ORDINANCE
REPRESENTS A COMBINATION OF THE VARIOUS ORDINANCES CONSIDERED AND
INCORPORATED IN THE CITY OF VERO BEACH ORDINANCE, EXCEPT ONE WHICH
HAD A PROVISION MAKING THE OWNER OR OPERATOR OF A BUSINESS LIABLE
FOR THE ACTS OF HIS EMPLOYEES OR AGENTS. HE SUMMARIZED THE CITY'S
POSITION, NOTING THAT THERE ARE A NUMBER OF DEALERS WHO DO BUSINESS
IN THE CITY AND ARE PURCHASING OBJECTS ALLEGEDLY STOLEN WITHIN THE
COUNTY AND THEY IMMEDIATELY EITHER SHIP THEM OUT OF THE COUNTY OR
TRANSFORM THEM IN SOME WAY. THE PURPOSE OF THE CITY°S ORDINANCE IS
TO REQUIRE A HOLDING PERIOD WHEREBY A DEALER PURCHASING FROM SOMEONE
OTHER THAN A LICENSED DEALER WOULD HAVE TO NOTIFY THE POLICE DEPART-
MENT, GIVE THEM FIVE DAYS TO INSPECT THE OBJECTS, AND PROVIDE THEM
WITH THE SPECIFIED INFORMATION REGARDING THE SELLER. THIS, OF
COURSE, WOULD BE A GREAT HELP TO THE POLICE DEPARTMENT. THE ATTORNEY
CONTINUED THAT THOSE SPEAKING IN OPPOSITION AT THE CITY'S HEARING WERE
PRIMARILY CONCERNED ABOUT TYING UP SILVER AND GOLD COINS AND BARS BE-
CAUSE OF THE MARKET FLUCTUATION; THEY DID NOT APPEAR AS CONCERNED
ABOUT JEWELRY ITEMS. THE MAJORITY OF THE CITY COUNCIL WANTED TO
MAKE THE ORDINANCE AS STRONG AS POSSIBLE, AND THE ORDINANCE PASSED
WITHOUT ANY EXEMPTIONS BY A 3 TO 2 VOTE. ATTORNEY COLLINS NOTED
THAT THE POLICE DEPARTMENT REQUESTED THE COUNTY TO COORDINATE WITH
THE CITY'S EFFORTS, AND OUR PREVIOUS PUBLIC HEARING WAS CONTINUED
TO SEE WHAT ACTION THE CITY WOULD TAKE.
ATTORNEY COLLINS INFORMED THE BOARD THAT HE HAS DISCUSSED
THE PROPOSED ORDINANCE WITH THE SHERIFF, WHO MADE THE FOLLOWING
SUGGESTIONS:
SEC. -17-4 (A) DELETE THE WORDS "OR FINGERPRINT" AND "OR FINGERS."
(D) SET A MAXIMUM OF 30 DAYS INSTEAD OF LEAVING IT
OPEN ENDED.
THE ATTORNEY STATED THAT HE WOULD TIE DOWN THE PENALTY PROVISION A
LITTLE MORE IN THE FINAL DRAFT AND INFORMED THE BOARD THAT IF THEY WERE
TO PASS THE TWO PAGE ORDINANCE AS PROPOSED, THEY WOULD PASS AN ORDI-
NANCE CONSISTENT WITH THAT OF THE CITY OF VERO BEACH.
DISCUSSION ENSUED IN REGARD TO THE STATE GUIDELINES FOR
DEALING WITH PRECIOUS METALS AND AS TO THE DESIRABILITY OF EXEMPTING
CERTAIN INTERNATIONALLY RECOGNIZED GOLD TRADING ARTICLES.
COMMISSIONER FLETCHER COMMENTED THAT THIS ORDINANCE APPAR-
ENTLY IS APPLICABLE TO EVERYONE OTHER THAN A LICENSED DEALER, AND
IT WAS EXPLAINED TO HIM THAT IT WOULD APPLY TO EVERYONE WHO DOES NOT
PURCHASE FROM A LICENSED DEALER.
THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD,
THERE WERE NONE.
ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMIS-
SIONER WODTKE, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING.
CHAIRMAN LYONS REVIEWED THE AMENDMENTS PROPOSED BY THE
SHERIFF AND NOTED THAT THE ATTORNEY WILL MAKE SOME STRUCTURAL CHANGES
IN THE PENALTY PROVISION.
COMMISSIONER FLETCHER STATED THAT BEFORE HE VOTED ONE WAY
OR THE OTHER ON THE PROPOSED ORDINANCE, HE WOULD LIKE TO SEE THE
INSTRUMENT IN TOTO.
POTION WAS MADE BY COMMISSIONER WODTKE, SECONDED , BY COMMIS -
SIGNER FLETCHER, TO DENY ADOPTION OF THE PROPOSED ORDINANCE.
COMMISSIONER WODTKE EXPLAINED THAT HE WAS CONCERNED THAT
WE HAVE NO INPUT FROM THE SHERIFF, AND FURTHER, HE WAS OF THE
OPINION THAT THIS PROBLEM SHOULD BE ADDRESSED BY THE STATE LEGISLA-
TURE RATHER THAN ON A COUNTY BY COUNTY BASIS.
ATTORNEY COLLINS WISHED TO CLARIFY THAT THE STATE AT THIS'
POINT DOES NOT HAVE COVERAGE IN THIS AREA, THOUGH THEY ARE CONSIDER-
ING IT, AND INFORMED THE BOARD THAT THE SHERIFF HAD INFORMED HIM
THAT HE HAD NO OBJECTION TO THE ADOPTION OF THE PROPOSED ORDINANCE.
CHAIRMAN LYONS FELT WE NEED TO REINFORCE THE CITY'S ACTION
OR OTHERWISE THE DEALERS SIMPLY CAN MOVE ACROSS THE CITY LINES INTO
THE COUNTY AND CONDUCT THEIR BUSINESS.
WILLIAM KOOLAGE, INTERESTED CITIZEN, SPOKE IN FAVOR OF THE
PROPOSED ORDINANCE, NOTING THAT THE ASSOCIATION OF RETIRED PERSONS
IS GOING TO TAKE A STAND AND ASK FOR A STATEWIDE ORDINANCE, BUT THEY
WERE HOPEFUL THE COUNTY WOULD JOIN WITH THE CITY AND THEREBY PROVIDE
THE COUNTY SOME PROTECTION AGAINST THE PRESENT RASH OF BREAK-INS.
COMMISSIONER BIRD PREFERRED AN ORDINANCE EXEMPTING NEGOTIABLE
GOLD COINS AND FELT OTHERWISE YOU ARE PUTTING A HARDSHIP ON THE LEGITI-
MATE DEALERS. SEVERAL BOARD MEMBERS CONCURRED THAT THEY WOULD BE
WILLING TO COMPROMISE IN ORDER TO GET SOME KIND OF SUPPORTING ORDINANCE.
7-1
ii
THE CHAIRMAN CALLED FOR THE QUESTION ON THE LOTION TO
DENY ADOPTION OF THE PROPOSED ORDINANCE, AND IT WAS VOTED DOWN 4 TO
1 WITH COMMISSIONER FLETCHER VOTING IN FAVOR.
ON MOTION MADE BY COMMISSIONER BIRD, SECONDED BY COMMIS-
SIONER SCURLOCK, THE BOARD BY A 3 TO 2 VOTE ADOPTED ORDINANCE R1-6
WITH THE AMENDMENTS PREVIOUSLY LISTED AND WITH THE PROVISION THAT
THE FOLLOWING SHALL BE EXEMPTED BOTH FROM THE HOLDING PERIOD AND
RECORD KEEPING REQUIREMENTS:
1. CANADIAN MAPLE LEAF GOLD COINS
2. MEXICAN GOLD PESOS
3. AUSTRIAN GOLD CORONAS
4. KRUGERRAND GOLD COINS
5. ENGLEHARD GOLD BARS
6. SWISS MINT GOLD BARS
COMMISSIONERS BIRD, SCURLOCK, AND CHAIRMAN LYONS VOTED IN
FAVOR OF THE ORDINANCE. COMMISSIONERS WODTKE AND FLETCHER VOTED IN
OPPOSITION.
35 W
45
-. 198 -
FEB 111981
INDIAN RIVER COUNTY ORDINANCE NO. 81-6
AN ORDINANCE AMENDING CHAPTER 17 OF THE CODE
OF ORDINANCES FOR INDIAN RIVER COUNTY, FLORIDA,
ENTITLED "OFFENSES AND MISCELLANEOUS PROVISIONS",
TO ADD A NEW SECTION THERETO TO BE NUMBERED SEC-
TION 17-4, TO REQUIRE PERSONS DEALING IN PRECIOUS
METALS, JEWELS AND STONES, SUCH AS GOLD, SILVER,
PLATINUM, DIAMONDS, RUBIES, EMERALDS, SAPPHIRES,
TURQUOISE, JADE, OPALS, AMETHYSTS, AND PEARLS, TO
KEEP A RECORD OF ALL PURCHASES; PROVIDING GUIDE-
LINES FOR SAID RECORDS; PROVIDING THAT SAID
RECORDS SHALL BE MADE AVAILABLE TO LAW ENFORCE-
MENT OFFICERS UPON REQUEST; PROVIDING FOR A
PENALTY; PROVIDING FOR SEVERABILITY AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, that there is hereby created
Section 17-4 of Chapter 17 of the Code of Ordinances for -Indian
River County, Florida, which shall read as follows:
SECTION 17-4
(a) Record of Purchases of Precious Metals, Jewels and Stones.
Every purchaser of precious metals, jewels or stones, including
but not limited to gold, silver, platinum, diamonds, rubies,
emeralds, sapphires, turquoise, jade, opals, amethysts, and pearls,
shall, at the time of each purchase, make a record of all such
items purchased from any source other than a licensed dealer
regularly engaged in the buying and selling of such precious
objects. The record shall contain the following legible in-
formation: the date of the transaction; the number which appears
on the seller's driver's license, or in the alternative, a legible
inked thumbprint; the complete name and address of the seller;
a complete and accurate description of such property; and the
signature of the seller. Only in the event that a seller has
not been issued a driver's license and has no thumbs, may
similarly exact identification be accepted by the purchaser in
substitution of this requirement.
(b) Transmittal to Sheriff. A copy of this record shall be
submitted to the Indian River County Sheriff's Department within
twenty-four (24) hours of the purchase, and the original shall
be preserved by the dealer for a period of one (1) year after
purchase.
� � r
(c) Sale or Alteration of Purchases Prohibited. No purchased
articles subject to Section 17-4 (a) shall be cut, separated,
melted, sold, or otherwise altered or disposed of by any purchaser
until five (5) days have elapsed from the day that the Indian River
County Sheriff's Department has received a copy or transcript of
the purchase record described in Section 17-4 (a) and (b). Said
articles shall not be transferred from within the unincorporated
portion of Indian River County during said five (5) day period,
during which time the same shall be made available for inspection
to the Indian River County Sheriff's Department.
(d) Order Stopping Sale, etc., of Property. Any authorized
law enforcement official shall have the right, upon written order
addressed to a particular pawnbroker purchaser or dealer, to stop
the sale, removal or redelivery of any property for a stated period
of time or until the property is released by such officer, which
shall not be later than thirty (30) days. After receipt of such
order it shall be unlawful for a pawnbroker purchaser or dealer
to sell, alter, dispose of, remove or redeliver such property
until the property is released by the officer issuing the order.
(e) Exceptions. This Ordinance shall not apply to the following
internationally recognized gold trading articles, which shall be
exempt:
1. Canadian Maple Leaf Gold Coins
2.
Mexican Gold Pesos
3.
Austrian God Coronas
4.
Krugerrand Gold Coins
5.
Engelhard Gold Bars
6.
Swiss Mint Bars
(f) Severability. If any part of this Ordinance is held to
be unconstitutional or otherwise void, it shall be construed to
have been the legislative intent to pass this Ordinance without
such unconstitutional or void part of the remainder of this
Ordinance to the exclusion of such part and it shall be held
to be valid as if such part had not been included herein. If
this Ordinance or any provision hereof is held to be inapplicable
to any person, group of persons, property, kind of property,
circumstances or set of circumstances, such holding shall not
effect the applicability hereof to any other person, property
or circumstance.
SEB 111��45 oct,81
fEB 11199
(g) ' Penalty. Any person violating any of the provisions of
this Ordinance shall, upon conviction, be punished as prescribed
by law and Chapter 125, Florida Statutes, for violation of County
Ordinances. Each day or fraction thereof that a violation of
this Ordinance continues shall be deemed a separate violation.
(h) This Ordinance shall take effect immediately.
Adopted February 11, 1981.
This Ordinance shall take effect February 20, 1981.
._
DISCUSSION REGARDING REZONING OF CERTAIN PROPERTIES IN THE NORTH
BEACH AREA (HELD OVER UNTIL LATER IN THE MEETING)
ATTORNEY COLLINS ANNOUNCED THAT THIS IS NOT A PUBLIC
HEARING, BUT WAS PUT ON THE AGENDA FOR DISCUSSION TO ALLOW THE CON-
CERNED PROPERTY OWNERS TO BE AWARE THAT THE BOARD IS CONSIDERING
REZONING CERTAIN PROPERITES IN THE NORTH BEACH AREA TO MAKE THEM
MORE CONSISTENT WITH THE EXISTING MASTER PLAN.
COMMISSIONER WODTKE FELT THE PLANNING DEPARTMENT WAS TO
COME BACK WITH INFORMATION AND A MAP SHOWING THE EXACT LOCATIONS
UNDER CONSIDERATION, AND AFTER FURTHER DISCUSSION, IT WAS AGREED TO
TABLE THIS DISCUSSION UNTIL THE PLANNING DIRECTOR COULD BE PRESENT.
AwARD*INOG OF Bib NO. 69 OR No. 70 (ROAD GRADER)
THE BOARD REVIEWED THE FOLLOWING MEMO FROM ADMINISTRATOR
NELSON ON BIDS FOR A ROAD GRADER:
February .4, 1981
To: Board of County Commissioners
From: Chairman, Bid Committee
Subject: Recommendations for Bids #69 and #70, Road Grader
1. The above bids were opened and recorded at 11:00 A.M., January 22,
1981. Additional time to study and evaluate these bids was requested
and approved by the Board on January 28, 1981.
2. This Road Grader was previously bid and reported on November 25, 1980.
The Board at that time instructed this item be re -issued on two bids,
one on a "cash basis" and the other on a "total cost basis".
3. Bid #69 was for a cash purchase. Six'bids were let out and five bids
were received consisting of 2 No Bids from DeWind Co. and Moody & Sons.
The low bid of $62,448.50 was received from H. F. Mason Equipment Corp.,
the second low bid of $71,200.00 was received from F1. -Ga. Tractor Co.
and the high bid of $103,127.00 was received from Kelly Tractor Co.
The low and second bidder did not meet specifications for the following:
Our Specifications H. F. Mason F1. -Ga. Tractor
(Hubert) (Galion)
Transmission -
6 fwd & 6 rear speeds 4 fwd & 4 rear 4 fwd & 4 rear speeds
speeds
Mold board (Blade)
14' x 24" x 3/4" with-dt 12' x 24" x 3/4" 14' x 24" x 3/4"
least 5'2" throat clearance no throat clearance no throat clearance
Front axle -arch type with Yes Not arch type
min. 23" clearance
Brakes (rear) 4 -wheel disc, Drum type Drum type
sealed from water, mud & Not sealed Not sealed
dust
Tires: 1400 x 24, 10 ply
with additional 6" rim
spread for floatation
configuration
Rim size 16"
Steering -500 left or
right, 22' steering -turn
radius
Security Equipment -
lock type caps on
radiator, fuel tank,
engine oil filler and
hydraulic tank and
instrument panel guard
1300 x 24
Not floatation
40'
None
1400 x 24 on'10" rims
42'
None
4. The first and second low bidders did not meet specifications, therefore,
on the cash purchase, the Bid Committee would be required to recommend
the high bidder, Kelly Tractor, who met all specifications.
5. Bid #70 was for the total cost concept,of bidding. Six bids were sent '
out and one bid was received. This committee, after careful study and
evaluation, must recommend the Board award this bid to Kelly Tractor
using the total cost approach for the following reasons:
Total Net Cost to the County after 5000 hours or 5 years
would be $39,856.00
*Guaranteed value of the Caterpillar after 5000 hours or
5 years would be $72,189.00
*This guaranteed value after 5 years or 5000 hours of operation
exceeds the new cost of the other bidders equipment, i.e.
Galion - $71,200.00 Hubert - $62,448.50
The Galion and the Hubert would not submit a bid for total cost, there-
fore raising a doubt in the Committee's minds of the quality of their
product. We telephou.�d these companies and the only reply received was
The total cost system requires "too much paper work". The Committee
feels because of the large amount of money involved, the "paper work"
would be worth it. This "paper work" really consists of maintaining
an accurate cost record of all repairs, and requiring that our Vehicle
Repair Department maintain a good preventative maintenance program.
6. Road & Bridge Account #102-214-541-66.43 will be charged for this
grader.
7. St. Lucie County and Martin County both use the total cost bidding
procedure and are satisfied with it. Recommendations for this system
from Lester E. Scherer, Martin County, and from St. Lucie County
Administrator Weldon B. Lewis are attached.
Neil A. Nelson
COMMISSIONER SCURLOCK NOTED THAT THE ITEMS LISTED REQUIRE
AN EXPENDITURE OF ABOUT $32,000.
ADMINISTRATOR NELSON EMPHASIZED THAT THOSE ITEMS ARE VERY
SIGNIFICANT IN OUR OPERATION AND BELIEVED THAT THE CATERPILLAR TRACTOR
WILL BE WORTH MORE IN FIVE YEARS THAN THE OTHERS. HE EXPRESSED GREAT
INTEREST IN TRYING THE TOTAL COST CONCEPT WHICH HAS BEEN USED SUCCESS-
FULLY IN ST. LUCIE COUNTY FOR TEN YEARS.
40
DISCUSSION CONTINUED IN REGARD TO PRICE, AVAILABILITY OF
PARTS, RESALE VALUE, MAINTENANCE, ETC., AND IT WAS AGREED THAT THE
AVAILABILITY OF CATERPILLAR PARTS IS VERY IMPORTANT BECAUSE IT RE-
DUCES DOWN TIME. THE ADMINISTRATOR FELT THEIR ANALYSIS SHOWED THAT
EVEN THOUGH THE ORIGINAL COST WAS HIGHER, THE OVERALL COST WOULD BE
LOWER IN THE LONG RUN; THIS MACHINE WOULD INCREASE THE CAPABILITY OF
OUR ROADWORK, AND WE HAVE BUDGETED FOR HALF THIS YEAR AND HALF NEXT
YEAR.
MOTION WAS MADE BY COMMISSIONER FLETCHER NOT TO ACCEPT THE
RECOMMENDATION OF THE ADMINISTRATOR AND TO LOOK INTO THE POSSIBILITY
OF PURCHASING A USED CATERPILLAR TRACTOR TO MEET THE SAME SPECIFICA-
TIONS,
THE MOTION DIED FOR LACK OF A SECOND.
ON MOTION BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER
WODTKE, THE BOARD BY A 3 TO 2 VOTE ACCEPTED THE RECOMMENDATION OF
THE ADMINISTRATOR AS SET OUT IN HIS MEMO OF FEBRUARY 4, 1981, AND
AWARDED BID #70 FOR A ROAD GRADER TO KELLY TRACTOR COMPANY IN THE
AMOUNT OF $103,127.00. COMMISSIONERS BIRD, WODTKE, AND CHAIRMAN
LYONS, VOTED IN FAVOR. COMMISSIONERS SCURLOCK AND FLETCHER VOTED
IN OPPOSITION.
PLANNING DIRECTOR REVER DISPLAYED A ZONING MAP AND POINTED
OUT THE PROPERTY ON THE NORTH BEACH WHICH IS UNDER CONSIDERATION FOR
REZONING, STATING THAT IT IS THE PORTION COLORED GREEN LYING SOUTH
OF WABASSO BEACH ROAD AND NORTH OF THE TOWN OF INDIAN RIVER SHORES.
HE NOTED THAT EXCEPT FOR ONE PIECE WHICH WAS REZONED TO R -2B, THE
PROPERTY IN QUESTION IS ZONED R-2 AND AMOUNTS TO APPROXIMATELY 1200
ACRES. THIS PROPERTY IS OWNED BY ROBERT CAIRNS, GORDON NUTT AND
MRS. ALPHILD ILETT.
DISCUSSION ENSUED AS TO THE ACREAGE INVOLVED, AND IT WAS
DETERMINED THAT IT ACTUALLY AMOUNTS TO APPROXIMATELY 400 ACRES.
qB 111981
41
MR. CAIRNS QUESTIONED THE STATUS OF THE 48 ACRES WEST OF
THE 36 ALREADY REZONED TO R -2B, ON WHICH ACREAGE HE FELT IT HAD BEEN
INDICATED THAT IF THEY REZONED, THEN THE SITE PLAN WOULD BE PROCESSED
AND ALSO THAT S UNITS AN ACRE WAS A FIGURE ON WHICH THEY COULD RELY.
CHAIRMAN LYONS EMPHASIZED THAT ACCEPTING THE SITE PLAN WAS
STRICTLY UP TO THE PLANNING DIRECTOR AND THERE IS NO SUCH THING AS
A BARGAINED REZONING OR A BARGAINED SITE PLAN.
COMMISSIONER WODTKE NOTED THAT WHAT WE ARE DISCUSSING TODAY
IS INSTIGATING A REZONING ACTION TO BRING SPECIFIC LANDS IN COMPLIANCE
WITH OUR 1975 MASTER LAND USE PLAN, WHICH WOULD BE AT A DENSITY OF
S UNITS PER ACRE. HE POINTED OUT THAT THE OWNER OF A PORTION OF
THE ACREAGE IN QUESTION APPARENTLY ALREADY HAS INITIATED ACTION TO
BRING THAT LAND IN COMPLIANCE, AND -NOW THE COUNTY -'IS CONTEMPLATING
THE SAME ACTION.
ATTORNEY COLLINS DID NOT BELIEVE IT MAKES ANY DIFFERENCE
WHO INITIATES THIS ACTION, AND MR. REVER CONFIRMED THAT AN APPLICATION
FOR REZONING THE 48 ACRES DISCUSSED BY MR. CAIRNS HAS BEEN RECEIVED.
HE STATED THAT IT WAS LEFT UP TO HIM TO ACCEPT THEIR SITE PLAN, AND
HE DID SO ON THE PREMISE THAT THEY WOULD SUBMIT AN APPLICATION FOR
REZONING THE REMAINDER OF THE LAND; HE, THEREFORE, NOW WILL PROCEED
TO REVIEW AND COMMENT ON THAT APPLICATION AND TAKE IT TO THE PLANNING
AND ZONING COMMISSION. PSR. REVER FURTHER BELIEVED THAT THE BOARD
INDICATED THEY DID NOT WISH TO SEE ANYTHING APPROVED UNTIL THE RE-
ZONING WAS ACCOMPLISHED ONE WAY OR ANOTHER; SO, THEY ARE WORKING
CONCURRENTLY TO PROCESS BOTH BUT HOLDING OFF DECISION ON THE SITE
PLAN UNTIL THE REZONING IS ACCOMPLISHED.
MR. CAIRNS POINTED OUT THAT THE SITE PLAN ALREADY MEETS
BOTH R-2 OR R -2B REQUIREMENTS; S0, ACTUALLY THE REZONING DOESN'T MAKE
ANY DIFFERENCE.
ATTORNEY COLLINS NOTED THAT THE ATTORNEYS REPRESENTING THE
PARTIES INVOLVED ALL HAVE AGREED THAT NOTHING WOULD BE DONE UNTIL THE
REZONING HAS TAKEN PLACE, AND WE HAVE BEEN OPERATING UNDER THAT ASSUMP-
TION.
42
MR. CAIRNS INFORMED THE BOARD THAT HE IS THE OWNER OF THE
PROPERTY IN QUESTION, AND FLORIDA LAND CO. IS THE OPTIONEE.
ATTORNEY HENDERSON, REPRESENTING FLORIDA LAND COMPANY,
COMPLAINED OF COMMUNICATION PROBLEMS WITH THE PLANNING DEPARTMENT
WHICH ARE CAUSING THEM COSTLY DELAYS. HE ASKED IF THE COUNTY WISHED
TO INITIATE THE REZONING RATHER THAN HAVING THEM FOLLOW THROUGH
ON THEIR APPLICATION, AND THEN BROUGHT UP THE QUESTION OF THIS POSSIBLY
BEING AN INTERIM ZONING PENDING ADOPTION OF THE NEW LAND USE PLAN.
HE POINTED OUT THAT IT IS IMPORTANT FOR THE DEVELOPER TO KNOW IF THEY
CAN RELY ON THE PROPOSED R -2B ZONING SO THEY CAN PLAN FUTURE DEVELOP-
MENT.
IT WAS NOTED THAT IT IS IMPOSSIBLE TO ANSWER THAT QUESTION
BECAUSE WE DO NOT KNOW WHAT THE NEW PLAN WILL BE; ALTHOUGH, IT IS
APPARENT THERE IS PRESSURE FOR LOWER DENSITIES.
COMMISSIONER FLETCHER ASKED WHY THE DEVELOPER DID NOT PRO-
CEED TO DEVELOP HIS PROPERTY AT THE DENSITY ALLOWED UNDER THE PRESENT
R-2 ZONING.
.JAMES CLARK OF FLORIDA LAND COMPANY AGREED THAT THEY HAVE
THE RIGHT TO DEVELOP THEIR 84 ACRES UNDER THE R-2 ZONING, BUT THEY
DID NOT FEEL IT WAS DESIRABLE TO PLAN TO THAT DENSITY. HE NOTED
THAT ALTHOUGH THEY SUBMITTED A PRELIMINARY PLAT AND OVERALL FINAL
PLAN TO THE PLANNING DEPARTMENT OVER HALF A YEAR AGO, THEY HAVE BEEN
CONSTANTLY FRUSTRATED IN THEIR EFFORTS TO GET THIS PROCESSED,
DISCUSSION CONTINUED AS TO DEFINITION OF MEDIUM DENSITY,
AND MR. CLARK ASKED IF MR. REVER AGREED THAT THE S UNITS AN ACRES
SUBMITTED IN THEIR PLAN WOULD CONFORM TO THE INTENT OF THE BOARD'S
REQUEST. MR. REVER AGREED THAT IT WOULD.
CHAIRMAN LYONS FELT IF WE INITIATE REZONING FOR THE REMAIN-
ING PROPERTY, WE SHOULD INCLUDE THESE PROPERTIES ALSO AND PICK UP THE
TAB.
GORDON NUTT, OWNER OF APPROXIMATELY HALF THE LAND UNDER
DISCUSSION TODAY, FELT THERE WAS A PROBLEM IN THAT THE PROPERTY UNDER
CONSIDERATION DOES NOT CONFORM EXACTLY TO THE EXISTING LAND USE PAP
AND THERE MAY BE AN OVERLAP WITH THE DIFFERENT ZONINGS, HE URGED,
43
EER -198.
�
IF THE BOARD DOES PROCEED WITH THE PROPOSED REZONING, THAT THEY BE
CAREFUL NOT TO INCLUDE ANYTHING COLORED RED ON THE MAP.
PLANNING DIRECTOR REVER BELIEVED THAT MR. NUTT IS ASKING
THAT ALL PROPERTY ZONED C-1 BE EXCLUDED. HE NOTED THAT THE EXISTING
LAND USE PLAN HAS ONLY VERY INDEFINITE BLOBS DESIGNATING AREAS, AND
THE BOARDS INTENT IS TO REZONE THE R-2 AREAS ONLY.
THE DEVELOPERS PRESENT EMPHASIZED THAT THEY MAINLY WISHED
TO BE ASSURED THAT THERE WOULD BE A ZONING THEY COULD RELY ON, AND
THEY WERE SATISFIED TO DEVELOP AT S UNITS PER ACRE.
THE CHAIRMAN DETERMINED THAT NO ONE FURTHER WISHED TO BE
HEARD AND ASKED THAT THE BOARD REACH A DECISION.
MOTION WAS MADE BY COMMISSIONER SCURLOCK, SECONDED BY COM-
MISSIONER BIRD FOR PURPOSES OF DISCUSSION, TO PROCEED WITH THE REZON-
ING OF THE PROPERTIES PRESENTLY ZONED R-2 IN THE NORTH BEACH AREA
SOUTH OF WABASSO BEACH ROAD AND NORTH OF THE TOWN OF INDIAN RIVER
SHORES TO R-213 TO MAKE THEM CONSISTENT WITH THE 1975 LAND USE PAP.
ATTORNEY HENDERSON STATED THAT WHAT THEY ARE ASKING FOR IS
A PROMPT PROCESSING OF THEIR SITE PLAN, AND THEY DID NOT FEEL THERE
IS ANY REASON TO HOLD THAT UP IF THE COUNTY IS GOING TO PROCEED ON
ITS OWN MOTION TO REZONE.
ATTORNEY COLLINS' FEELING WAS THAT AS LONG AS THEY WOULD
AGREE TO WAIVE THEIR RIGHT TO ASK FOR AN OVERTURNING OF THE REZONING
FROM A DENSITY OF 8 TO 15, THERE WOULD BE NO REASON FOR NOT HAVING
SITE PLAN APPROVAL CONTINUE, AND COMMISSIONER BIRD STATED THAT HIS
CONCERN HAD BEEN TO CLARIFY THAT MR. REVER IS GOING TO PROCEED WITH
THE SITE PLAN AND WE ARE GOING TO INITIATE REZONING CONCURRENTLY.
COMMISSIONER WODTKE DID NOT FEEL THERE WAS SPECIFIC ENOUGH
DESCRIPTION OR DEFINITIVE ENOUGH LINES ON THE LAND USE MAP TO ACCOM-
PLISH THE PROPOSED REZONING AND MAKE IT IN COMPLIANCE WITH THE PASTER
PLAN.
IN FURTHER DISCUSSION, IT WAS EXPLAINED THAT THE INTENT OF
THE MOTION IS TO REZONE ONLY THE LAND PRESENTLY ZONED R-2 TO R -2B,
NOT IN COMPLIANCE WITH THE PIASTER PLAN, BUT JUST TO MAKE IT MORE CON-
SISTENT WITH THE EXISTING PLAN.
44
� � a
THE CHAIRMAN CALLED FOR THE QUESTION, IT WAS VOTED ON
AND CARRIED 3 TO Z WITH COMMISSIONERS WODTKE AND FLETCHER VOTING
IN OPPOSITION,
DISCUSSION ENSUED IN REGARD TO'THE REZONING PROCESS, AND
IT WAS AGREED THAT IT SHOULD FOLLOW NORMAL CHANNELS AND BE ROUTED
THROUGH THE PLANNING & ZONING COMMISSION, MR. REVER STATED THAT HE
WOULD ADVERTISE FOR THE PUBLIC HEARING.
ADMINISTRATOR NELSON EXPLAINED THAT THIS IS NOT IN REGARD
TO THE FINAL PLAT, BUT ACTUALLY IS A CLARIFICATION OF THE STATUS OF
THE PROPOSED SUBDIVISION; THE PRELIMINARY PLAT WAS APPROVED PREVIOUSLY;
AND THEN INFORMATION BECAME AVAILABLE WHICH INDICATED THAT SOME OF
THESE LOTS MAY HAVE BEEN SOLD ALREADY. SIR. CLARK, OWNER OF THE
PROPERTY IN QUESTION, WAS REQUESTED TO APPEAR TODAY TO EXPLAIN THE
SITUATION.
THE BOARD THEN REVIEWED THE FOLLOWING LETTER FROM THE
ADMINISTRATOR TO ISR. CLARK AND HIS ENGINEER, ROBERT LLOYD, REGARDING
VARIOUS DEFICIENCIES WHICH NEED TO BE CORRECTED BEFORE FINAL PLAT
APPROVAL:
�. 19 BOARD OF COUNTY COMMISSIONERS
FEB 2145 14th Avenue, Vero Beach, Florida 32960
NEIL A. NELSON - County Administrator
Lawyers Title Building
2345 14th Avenue, Vero Beach. Florida 32960
Telephone: (305) 562-4186
Mr. Frank Clark, III
P.O. Box EG1487
Melbourne, Florida
Mr. Robert F. Floyd
Floyd & Associates
Dear Sirs:
Secretary to Board
Telephone: (305) 569-1940
February 11, 1981
After question of proper completion of the final subdivision platting
or replat of Narjana ShellmoundjI took the liberty of staffing these plans
through three organizations within the County function. Numerous comments
have been made by each of them which I feel should be passed on to you for
your attention prior to final presentation of this subdivision before the
County Commission.
I will reiterate each point as it appears from my staffing.
1. There appears to be no utility easement to lots 1, 10, or 11. The bold
note I, indicates the developer will provide a utility easement. These
utility easements should be shown on the plat.
2. Note 2 references a fifty (50) foot set back requirement. This requirement
should not appear on the note but should be in the dedication as a restriction.
3. It is recalled that in prior discussions before the County Commission the
developer talked in terms of paving Massey Road or at least half of Massey
Road, or, in the alternative, posting funds for the paving. It is not seen
on the plat where thi.s is provided for.
4. A minor error occurs in the legal description, line 7; last line should read:
"The chords to said arc bears N 65 degrees 06 minutes 13 seconds E, 379.58
feet" or there is a mistake on the drawing.
5. In the Subdivision Ordinance, page 11, item 26, it states that "Diminsions
shall be shown to the mean high water". There is no mention of the mean
high water on the plat.
6. Page 12 of the Subdivision Ordinance requires that the engineer or
surveyor certify that all improvements are in accordance with the
approved plans and specifications, and that no outstanding indebtedness
is due for said improvements. This should be required.
7. No certificate of approval by Planning & Zoning Commission is on the
drawing.
8. A visual inspection performed on February 4, 1981 reveals that drainage
is poor along the west property line east of Massey Road. This poor
drainage should be addressed and properly shown on the plan before final
approval of the plat.
9. The Technical Review Committee in the meeting of May 6, 1980 recommended
that the applicant provide escrow funds to pave one-half of Massey Road.
It was also noted on the plat that this area was previously used for
stump disposal, and should be noted that it is likely to require extensive
filling and possible stump removal by the individuals buying lots before
homes can be built on same.
I would greatly appreciate your addressing these items prior to again
approaching the County Commission for approval of the Naranja Tract Shellmound
Subdivision.
Sincerely,
�N�eiNelson -
46 County Administrator
FRANK CLARK, III, APPEARED BEFORE THE BOARD AND EXPLAINED
THE PROBLEMS WHICH HE BELIEVED AROSE BOTH AS A RESULT OF THEIR MISUN-
DERSTANDING ABOUT THE NEED TO PLAT PROPERTIES THAT ABUT ON EXISTING
ROADS AND THE COMPLETE BREAKDOWN IN COMMUNICATIONS WITH HIS ENGINEER.
HE STATED THAT HE HAD NOT BEEN AWARE OF ANY OF THE NINE OBJECTIONS
LISTED AND WISHED TO COMPLY WITH WHATEVER THE COUNTY WANTS. AS TO
THE PREMATURE SALE OF LOTS, MR. CLARK EXPLAINED THAT THEY DID TAKE
DEPOSITS ON ALL 11 LOTS THINKING THAT THE PLATTING WAS SOMETHING THAT
COULD BE ACCOMPLISHED IN A FEW MONTHS, AND NOW IT HAS BEEN A YEAR.
ATTORNEY COLLINS ADVISED THE BOARD THAT, AS HE READ THE
ORDINANCE, A SALE IS A CLOSING AND DELIVERY OF DEED; THEREFORE, HE
DID NOT FEEL THAT ANY VIOLATION HAS OCCURRED BY TAKING DEPOSITS.
MR. CLARK NOTED THAT HE ALREADY HAD POSTED $10,000 WITH THE
COUNTY FOR PAVING HALF OF THE ROAD AND INQUIRED IF THE NINE ITEMS LISTED
WOULD FALL WITHIN THE PURVIEW OF THE ENGINEER. ADMINISTRATOR NELSON
STATED THAT THEY ARE PRIMARILY ENGINEERING ITEMS AND FELT HE COULD
RECOMMEND APPROVAL IF THESE NINE ITEMS ARE SATISFIED.
COMMISSIONER FLETCHER BROUGHT UP THE COUNTY POLICY OF SHAR-
ING 75%/25% IN ROAD PAVING, AND IT WAS EXPLAINED THAT IT DOES NOT
APPLY IN THIS SITUATION WHERE THE OTHER 50% WOULD COME FROM THE PROP-
ERTY OWNERS ON THE OTHER SIDE OF THE STREET, NOT THE COUNTY.
IN FURTHER DISCUSSION, THE BOARD AGREED THAT IT HAS BEEN DE-
TERMINED THAT MR. CLARK IS -NOT IN VIOLATION OF THE LAW, AND IF PSR,
CLARK WOULD TAKE THE RESPONSIBILITY OF SEEING THAT HIS ENGINEERS MEETS
WITH STAFF AND CLEARS UP THE ITEMS LISTED, HE CAN PROCEED TO FINAL
PLAT APPROVAL.
FIRE DISTRICT MEETINGS
THE BOARD OF COUNTY COMMISSIONERS THEREUPON RECESSED AT
4;30 O'CLOCK P.M. SO THAT THE DISTRICT BOARD OF FIRE COMMISSIONERS
OF THE NORTH INDIAN RIVER COUNTY FIRE DISTRICT MIGHT CONVENE.
MINUTES OF THAT MEETING WILL BE PREPARED SEPARATELY.
t 111981
47 45.,
FEB 1 x.1981
THE BOARD OF COUNTY COMMISSIONERS RECONVENED AT 4:32 O'CLOCK
P.M. WITH THE SAME MEMBERS PRESENT AND IMMEDIATELY RECESSED IN ORDER
THAT THE DISTRICT BOARD OF FIRE COMMISSIONERS OF THE SOUTH INDIAN
RIVER COUNTY FIRE DISTRICT MIGHT CONVENE. MINUTES OF THAT MEETING
WILL BE PREPARED SEPARATELY.
THE BOARD OF COUNTY COMMISSIONERS THEREUPON RECONVENED AT
4:40 O'CLOCK P.M. WITH THE SAME MEMBERS PRESENT.
CHANGE ORDERS
CONSTRUCTION PROJECT REPRESENTATIVE KONTOULAS REPORTED
THAT CHANGE ORDER #9 FOR THE COURTHOUSE INVOLVES INSTALLATION OF
AN ADDITIONAL LIGHT FIXTURE IN THE ELEVATOR PIT AS REQUIRED BY THE
STATE ELEVATOR CODE.
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
SCURLOCK, THE BOARD UNANIMOUSLY APPROVED CHANGE ORDER #9 FOR THE
COURTHOUSE, INCLUDING THE NORMAL STIPULATION THAT BY APPROVING THE
CHANGE ORDER, THE COUNTY DOES NOT WAIVE ANY RIGHTS IT HAS TO CLAIM
DAMAGES AGAINST THE CONTRACTOR OR THE ARCHITECT BECAUSE OF OMISSIONS
OR OTHER REASONS THAT MAY ARISE.
e CH OWNER
ARCHITFCAIIIT
ORDER CONTRACTOR
FIELD ❑
�* AIA DOCUMENT G701 OTHER
PROJECT: Indian River County CHANGE ORDER NUMBER:9 (nine)
(name, address) County Courthouse
TO (Contractor)
(_ Reinhold Construction,
P.O. Box 666
Cocoa, FL 32922
Inca ARCHITECT'S PROJECT NO: 9364
CONTRACT FOR: Additions and Renovation
L _j CONTRACT DATE: 4_2-80
You are directed to make the following changes in this Contract:
CP -29 Provide and install one (1) additional light fixture type I'M"
in elevator pit $187.66
The proposed changes in the work may result in additional time required
beyond the contract completion date. Additional time will be added to
the contract that is directly related to this change order. The con-
tractor will be paid for the additional required days at the rate of
$300.00 (three hundred) per day for fixed overhead costs. The number
of days requested are reflected in CP -29.
(See attached Change Proposal)
The original Contract Sum was . . . . . . . . . . . . . . . . . . .
. . S
689-,000.00
Net change by previous Change Orders . . . . . . . . . . . . . . . .
. . S
127,320.81
The Contract Sum prior to this Change Order was . . . . . . . . . . . . .
. . $
816, 320.81
The Contract Sum will be (increased) (dewaas" (uncbaaged) by this Change Order .
. . S
187.66
The new Contract Sum including this Change Order will be . . . . . . . . .
. . S
816,508.47
,
The Contract Time will be (increa" (decr*"ed) (unchanged) by
( —
) Days.
The Date of Completion as of the date of this Change Order therefore is Oct.
30, 1981
,
Connell Metcalf b Eddy Reinhold Construction,Inc.
Indian River
County
ARCHITECT
1�'x20 S. Dixie HWy- �N��C-�ox 666
0'YW5
14th Ave.
A& al Gables, FL 33134 ddress
Moat, FL 32922
Address
Vero
Beach, FL
32960
BY
W
DATE Z a DATE o2-11" R"
DATE
e r u a ry 11 ,
1981
AIA DOCUMENT 0791 ° CHANCE ORDER • APRIL 1970 EDITION • AIA® • 0 1970 ' THE
AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON, D.C. 20006
ONE PACE
MR. KONTOULAS ANNOUNCED THAT HE WOULD WITHDRAW CHANGE
ORDER #14 RE THE COUNTY ADMINISTRATION BUILDING AT THIS TIME BECAUSE
OF A VERY CONSIDERABLE MATHEMATICAL ERROR, WHICH HE FELT WAS EXTENSIVE
ENOUGH TO REQUIRE THAT THE ARCHITECT SHOULD REWRITE THE CHANGE ORDER,
49
_:_:FE B 1:1198
DISCUSSION ENSUED IN REGARD TO THE CONTRACTORS CONTINUING
CLAIM THAT THE FIXED OVERHEAD COSTS FOR WORK ON THE ADMINISTRATION
BUILDING SHOULD BE COMPENSATED AT $400 PER DAY RATHER THAN $300, AND
IT WAS AGREED THAT ADMINISTRATOR NELSONS LETTER OF FEBRUARY 5TH
COVERED THE SITUATION, AS FOLLOWS:
Chairman Vice Chairman
PATRICK !. LYONS WILLIAM C. WODTKE, JR. A. DROVER FLETCHER
District 2 District 4 District i
HMM-00128
DON Q SCURLOCK. JR. DICK BIRO
District 3 District 5
BOARD OF COUNTY COMMISSIONERS
2145 14th Avenue, Vero Reach, Florida 32960
NEIL A. NELSON - County Administrator
Lawyers Title Building
2345 14th Avenue, Vero Beach, Florida 32960
Telephone: (305) 562-4186
Mr. L.A. Snodgrass
Reinhold Construction, Inc.
P.O. Box 666
Cocoa, Florida 32922
Secretary to Board
Telephone: 1305) 569-1840
. c+7 -1
r,
February 5,
4j
�` e? c+ tri
0
,-j
Re: Indian River County Administration Building, Additions
and Renovations and Your Letter of February 2, 1981
Dear Lynn:
Thank you for your signing of Change Order #13 in order that it
may proceed as expeditiously as possible.
In researching all documentation that we have available to ourselves
as owners, and also after thoroughly querying both the owner's representative
and the architect, I can find no indication where there was ever a daily
rate established for fixed overhead costs of your intended $400.00 per day
rather than the $300.00 per day as agreed. We concur with your desire to
not have further delay as a result of work order signing, but I cannot agree
to the owner or architect signing a contract Change Order with the number of
days of extended time at a rate of your proposed $400.00.
Therefore, may I suggest that future Change Orders shall be accomplished
with the added paragraph as appeared in Change Order #13. At the end of the
work for completion of the Administration Building, Additions b Renovations,
I feel quite certain that we can determine from your documentation the validity
that the rate should in fact be $400.00 per day rather than what we ascertain to
be the discussed $300.00 per day and that point then can come under negotiation
at the completion of the building. In all fairness to you, I have requested
Hercules Kontoulas to also document your costs for any necessary added days in
order that you can be assured of ,your fair reimbursement of expenses.
50
Very truly yours,
Neil A, elson
CountyA ministrator
I- I
MR. KONTOULAS REFERRED TO A LETTER WRITTEN BY THE ARCHITECT
TO THE CONTRACTOR STATING THERE ARE FIFTEEN DAYS REMAINING IN THE
CONTRACT FOR COMPLETING THE COURTHOUSE, WHICH WILL END FEBRUARY 2110TH,
INCLUDING 20 DAYS' EXTENSION. MR. KONTOULAS STATED THE REASON HE
REFERRED TO THIS LETTER IS THAT THERE ARE SO MANY THINGS INVOLVED
THAT ARE PERTINENT TO OCCUPYING THE BUILDING. HE REPORTED THAT HE
HAS A LETTER FROM THE BUILDING DEPARTMENT STATING THAT BY CODE THEY
CAN PARTIALLY ISSUE TEMPORARY CERTIFICATES OF OCCUPANCY, AND THIS,
OF COURSE, WOULD ENTAIL MOVING PERSONNEL. MR. KONTOULAS DID NOT BELIEVE
THAT THE FEBRUARY 24TH DEADLINE FOR COMPLETION OF THE COURTHOUSE WILL
BE MET, HE CONTINUED THAT THE PAINTING OF THE INTERIOR IS CONTROVER-
SIAL; THE CARPETS ARE THE WRONG QUALITY AND COLOR; THE MILLWORK FOR
COURTROOM FURNISHINGS HAS NOT BEEN CORRECTED; LANDSCAPING WAS STARTED
AND HAD TO BE REMOVED BECAUSE OF CLEANING THE EXTERIOR OF THE ANNEX;
THE BRICK FOR PAVING THE WALKS HAS BEEN SITTING THERE FOR TWO WEEKS;
AND TESTING NEEDS TO BE DONE, MR. KONTOULAS FELT THAT SOMETIME
IN MARCH WE WILL BE IN THE COURTHOUSE ON A TEMPORARY BASIS.
ADMINISTRATOR NELSON COMMENTED THAT THEY HAVE GIVEN THE
COURT ADMINISTRATOR A TENTATIVE DATE OF APRIL 6TH FOR COURT TO BE HELD.
MR. KONTOULAS NOTED THAT SOME TIME AGO, THE BOARD AUTHORIZED
THE ADMINISTRATOR TO SIGN ANY CHANGE ORDERS UP TO $2,500, AND IN
ORDER TO SAVE HIS TIME AND AVOID WAITING AT THE BOARD MEETINGS FOR
HOURS, HE WONDERED IF HE COULD PRESENT SUCH SMALL CHANGE ORDERS TO
MR. NELSON FOR SIGNATURE,
COMMISSIONER WODTKE FELT THAT THE ADMINISTRATOR COULD BRING
SUCH CHANGE ORDER RECOMMENDATIONS TO THE BOARD AND MAKE THE PRESENTA-
TION RATHER THAN MR. KONTOULAS, AND THE BOARD CONCURRED,
ADMINISTRATOR NELSON REVIEWED HIS MEMO REGARDING POLICING
OF COLLECTOR TRANSFER SITES, AS FOLLOWS:
F.E B 11181 51
BQO 45 , PAtE C}•
i
1,1981-
- enc
NEIL A. NELSON - County Administrator
Lawyers Title Building
2345 14th Avenue, Vero Beach, Florida 32960
Telephone: (305) 562-4186
MEMORANDUM
TO: Board of County Commissioners
FROM: County Administrator
Secretary to Board
Telephone: (305) 569-1940
February 5, 1981
SUBJECT: Police and Cleaning of Transfer Sites
We have had numerous complaints concerning the state
of police of our refuse transfer sites located at various
points in the County.
Keeping these stations clean is a continuing requirement
and we do not have sufficient personnel at this time to give
this problem a priority. If the Commissioners desire that
the police improve, then I would need authority to increase
the refuse department by one employee. This employee could,
with assistance of the Correctional Institute Prisoner
Working Party, improve on the policing of these sites.
The cost for an additional employee on the maintenance
level would be an annual salary of $8,049.60. Yearly retire-
ment cost of $732.51. Yearly insurance cost of $922.80. FICA,
$496.63 and Workmen's Compensation, $624.60 for a total of
$10,826.14.
This employee, when not involved in policing the transfer
stations, could be used in other trash and refuse pickups
throughout the County.
--�. Nei A. Nelson
County Administrator
COMMISSIONER FLETCHER NOTED THERE IS AN ADDITIONAL TRUCK
COMING ON LINE SHORTLY, WHICH SHOULD ENABLE US TO HAVE MORE PICK UPS
AND THEREBY CURE THIS SITUATION, WHICH HE BELIEVED,. RESULTS MAINLY
FROM OVERLY FULL REFUSE CONTAINERS. OTHER BOARD MEMBERS FELT THE
SITUATION IS CAUSED BY CARELESS MEMBERS OF THE PUBLIC WHO ARE IN THE
HABIT OF DUMPING THEIR GARBAGE ON THE SIDE OF THE ROAD OR ANYWHERE.
ADMINISTRATOR NELSON STATED THAT WE HAVE THE PERSONNEL TO OPERATE
THE TRUCKS AND KEEP THEM GOING, BUT THIS PROBLEM INVOLVES POLICING
THE OVERALL GENERAL TRANSFER SITE AREAS, WHICH ARE IN TERRIBLE CONDITION
COMMISSIONER FLETCHER THEN DISCUSSED THE ALTERNATIVE OF
REDESIGNING THE TRANSFER STATION, BUT IT WAS NOTED THAT WE HAVE HAD
REQUESTS FROM OTHER COUNTIES DESIRING PLANS OF OUR COLLECTOR STATIONS
TO USE AS A MODEL; IT, THEREFORE, SEEMS THAT THE PROBLEM IS WITH
THE PUBLIC, NOT THE SITES.
COMMISSIONER FLETCHER THEN ASKED ABOUT TAKING THE NECESSARY
FUNDS FROM THE LANDFILL CAPITAL ACCOUNT, AND THE ADMINISTRATOR STATED
THAT PROVIDING THESE SERVICES TO THE COUNTY IS SEPARATE FROM THE
LANDFILL ENTERPRISE ACCOUNT, AND, IN ADDITION, THE LANDFILL ACCOUNT
HAS MANY RESTRICTIONS DUE TO THE BOND ISSUE WHICH WOULD NOT ALLOW THE
USE OF THE ACCOUNT. IT WAS FELT THE FUNDS WOULD COME OUT OF THE
MULTI-PURPOSE MUNICIPAL SERVICES ACCOUNT.
COMMISSIONER WODTKE COMMENTED THAT AS POPULATION GROWS
AND VOLUME INCREASES, WE MAY HAVE TO TAKE A FURTHER LOOK AT THE COST
OF OPERATING THESE STATIONS, DOCUMENT COSTS, AND POSSIBLY SET UP
CHARGES OR HAVE ATTENDANTS, BUT IN THE MEANTIME, HE WAS OF THE OPINION
WE SHOULD UTILIZE THE PROPOSED ADDITIONAL EMPLOYEE, PLUS PRISON LABOR,
TO CLEAN UP THESE SITES WHICH ARE A DISGRACE AS WELL AS A HAZARD TO
PUBLIC HEALTH.
ON MOTION BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER
SCURLOCK, THE BOARD BY A 4 TO 1 VOTE, COMMISSIONER FLETCHER VOTING
IN OPPOSITION, ACCEPTED THE RECOMMENDATION OF THE ADMINISTRATOR RE
POLICING AND CLEANING OF TRANSFER SITES AS PER HIS MEMO OF FEBRU-
ARY 5, 1981,
ROAD SIGN INVENTORY
` ADMINISTRATOR NELSON EXPLAINED THAT THE PROPOSED ROAD SIGN
INVENTORY WOULD INVOLVE THE USE OF RETIRED PERSONS WHO WOULD WORK IN
TEAMS IN VARIOUS AREAS TO FILL OUT A SET FORM DESCRIBING EACH SIGN OR
LACK OF SIGN AT CERTAIN LOCATIONS. THIS IS A TREMENDOUS PROJECT WHICH
WOULD REQUIRE VISUAL INSPECTION OF EACH LOCATION, AND IT WOULD INVOLVE
ALL TYPE SIGNS - STOP SIGNS, STREET NAME SIGNS, SPEED LIMIT SIGNS, ETC,
HE STATED THAT HE WAS ASKING FOR AUTHORITY TO APPLY FOR A GRANT IN
ORDER TO CONDUCT SUCH AN INVENTORY.
MOTION WAS MADE BY COMMISSIONER SCURLOCK, SECONDED BY COM-
MISSIONER WODTKE, TO AUTHORIZE THE ADMINISTRATOR TO PROCEED WITH A
GRANT APPLICATION FOR THE PURPOSE OF CONDUCTING A ROAD SIGN INVENTORY.
F
1:1- -19
53 Boos 45. WE 8:
CHAIRMAN LYONS, SPEAKING AS A FORMER AMBULANCE DRIVER,
AGREED THAT SUCH AN INVENTORY. IS BADLY NEEDED, ESPECIALLY IN AN AREA
SUCH AS GIFFORD WHERE MANY SIGNS ARE MISSING.
COMMISSIONER FLETCHER QUESTIONED WHAT THE $5,000 GRANT
WAS NEEDED FOR, AND THE ADMINISTRATOR STATED THAT IT WAS NEEDED FOR
MATERIALS (STARTER KITS, ETC.) AND LABOR COSTS; THIS WOULD INVOLVE
TEN TEAMS.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON
AND CARRIED 4 TO 1 WITH COMMISSIONER FLETCHER VOTING IN OPPOSITION.
ang
ATTORNEY COLLINS REQUESTED THAT AN EMERGENCY ITEM BE ADDED
TO TODAY'S AGENDA REGARDING TREASURE COAST UTILITIES.
ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMIS-
SIONER WODTKE, THE BOARD UNANIMOUSLY ADDED THE ABOVE EMERGENCY ITEM
TO THE AGENDA.
ATTORNEY COLLINS REPORTED THAT IT APPEARS THE DER WILL,
WITHIN A VERY FEW DAYS, OBTAIN A COURT ORDER CLOSING DOWN THIS SEWER
PLANT; THIS OBVIOUSLY WILL CREATE A HEALTH HAZARD, AND THE BURDEN
WILL FALL ON THE COUNTY TO TAKE SOME ACTION. SINCE THE OWNER OF
TREASURE COAST UTILITIES, TRAVIS SALTER, NOW WILL BE SUBJECT TO CON-
TEMPT ACTIONS BY THE DER, THE ATTORNEY BELIEVED THAT PSR. SALTERS
ATTITUDE AS TO THE WORTH OF THE SYSTEM MAY HAVE CHANGED AND THAT NOW
IS THE TIME TO DISCUSS THIS MATTER WITH HIM; HE, THEREFORE, WISHED
TO HAVE THE AUTHORITY TO DISCUSS THE SITUATION WITH MR. SALTER AND
NEGOTIATE IF IT APPEARS FRUITFUL.
CHAIRMAN LYONS BELIEVED THAT ATTORNEY COLLINS IS COMPLETELY
AWARE THAT THE COUNTY ACTUALLY WANTS TO PAY NOTHING FOR THIS SYSTEM
AND WILL TRY TO FIND.A WAY TO SOLVE THIS PROBLEM WITH MINIMUM EXPENSE
TO THE COUNTY,
DISCUSSION FOLLOWED AS TO HAVING THE CHAIRMAN OR ONE COM-
MISSIONER INVOLVED IN THESE NEGOTIATIONS ALSO, AND THE CHAIRMAN AGREED
TO PARTICIPATE.
1W
MOTION WAS MADE BY COMMISSIONER SCURLOCK, SECONDED BY COM-
MISSIONER BIRD, TO AUTHORIZE THE ATTORNEY AND THE CHAIRMAN TO CONTACT
MR. SALTER IN REGARD TO SOLVING THE SITUATION AS DESCRIBED ABOVE.
COMMISSIONER FLETCHER FELT THAT IT IS NOT THE COUNTY'S
RESPONSIBILITY TO JUMP IN AND BAIL OUT FREE ENTERPRISE AND THAT IN-
STEAD WE SHOULD ENFORCE OUR FRANCHISE AGREEMENT WITH THE PRIVATE
INDIVIDUAL TO PERFORM HIS FUNCTION AS AN OPERATOR.
IT WAS POINTED OUT THAT THE COUNTY HAS NO INTENION OF BAILING
OUT MR. SALTER. THIS PLANT WOULD BECOME PART OF THE COUNTYWIDE SEWER
SYSTEM, AND THERE MAY BE SOME ASSETS WHICH HAVE TO BE CONSIDERED; THE
PROBLEM IS THAT THE DER ORDER WILL REQUIRE THAT THE PLANT BE SHUT
DOWN IMMEDIATELY, LEAVING THESE PEOPLE WITH NO SEWER SERVICE.
COMMISSIONER FLETCHER NOTED THAT THESE PEOPLE WERE AWARE
THAT THIS PLANT IS OWNED BY PRIVATE ENTERPRISE, AND THE CHAIRMAN
POINTED OUT THAT THEY ARE A PART OF THE COUNTY AND THEY ARE IN
TROUBLE; THE MOTION IS AIMED AT DETERMINING ALL THE FACTS.
IT WAS AGREED THAT WE NEED TO ANALYZE OUR FRANCHISE SITUA-
TION AND HAVE ANNUAL REVIEW TO HEAD OFF FUTURE PROBLEMS.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND
CARRIED UNANIMOUSLY.
RESUMES FOR FINANCE ADVISORY::COMM.I.TTEE _
COMMISSIONER SCURLOCK COMMENTED THAT WE NEED TO SOLICIT
PERSONS TO SERVE ON THE RECENTLY CREATED FINANCE ADVISORY COMMITTEE,
AND WE NEED RESUMES TO MAKE SELECTIONS. HE REQUESTED THAT THE
COMMISSIONERS PURSUE THIS.
DISCUSSION RE USE OF CHEMICAL 2.41) BY COUNTY
MOTION WAS MADE BY COMMISSIONER FLETCHER, SECONDED BY
COMMISSIONER WODTKE FOR PURPOSES OF DISCUSSION, THAT A PUBLIC HEARING
BE SCHEDULED TO DISCUSS THE CONTINUED PRACTICE OF THIS COUNTY PURCHAS-
ING AND APPLYING CHEMICALS UPON THE GROUND OR IN THE AIR THAT HAVE NOT
BEEN PROVEN BEYOND THE SHADOW OF A DOUBT TO BE SAFE FOR HUMAN LIFE.
SEB 1 .1981
55
845, 46"90`17
6`1 f
F E B 111981
IT WAS GENERALLY FELT THAT WAS QUITE A BROAD STATEMENT,
AND COMMISSIONER WODTKE NOTED THAT THE ADMINISTRATOR ALREADY HAS
SUPPLIED SOME INFORMATION ON THE USE OF THE CHEMICAL 2,41). HE
FELT IT WOULD BE WISE TO HAVE FURTHER INFORMATION AND HEAR THE ADMINIS-
TRATOR IS COMMENTS BEFORE GOING TO A PUBLIC HEARING.
COMMISSIONER FLETCHER COMMENTED THAT THE INFORMATION
SUPPLIED TO THE ADMINISTRATOR BY DUPONT IN REGARD TO USE OF ONE OF
THEIR CHEMICALS OBVIOUSLY WOULD BE BIASED. HE INFORMED THE BOARD
THAT THE MINISTER OF AGRICULTURE IN CANADA HAS BANNED FOR SIX MONTHS THE USE OF
2 AD AS A POSSIBLE CANCER CAUSING AGENT, COMMISSIONER FLETCHER
AGREED THE INDIVIDUAL HAS A RIGHT TO EXPERIMENT IN HIS OWN BACKYARD,
BUT QUESTIONED THE RIGHT OF THE COUNTY TO EXPERIMENT WITH ROADSIDES -
AND FELT THE USE OF THIS CHEMICAL WAS CONTINUED MAINLY TO AVOID
EXTENSIVE LABOR COSTS IN KEEPING THE DRAINAGE DITCHES OPEN,
THE ADMINISTRATOR POINTED OUT THAT THE USE OF THIS CHEMICAL
IS APPROVED BY THE DER. HE AGREED THAT THE PROPER USE'OF CHEMICALS
IS A SERIOUS MATTER AND WISHED TO HAVE THE OPPORTUNITY TO RESPOND TO
THE USE OF THE 2,4D ADMINISTRATOR NELSON INFORMED THE BOARD THAT HE
HAS DISCUSSED THIS WITH DR. BLACKBURN, ADVISOR FOR INDIAN RIVER FARMS
DRAINAGE DISTRICT, WHO IS FULLY QUALIFIED IN THIS FIELD AND WHO HAS
CONDUCTED A SURVEY AND RECOMMENDED A PROGRAM FOR THE DISTRICT, AND
HE WOULD LIKE TO HAVE DR. BLACKBURN APPEAR BEFORE THE BOARD TO GIVE
THEM THE BENEFIT OF HIS EXPERTISE. THE ADMINISTRATOR NOTED THAT
IT WOULD COST ABOUT $300 A DAY FOR THIS GENTLEMAN TO CONDUCT A SURVEY,
AND HE WOULD LIKE TO RETAIN DR, BLACKBURN IN AN ADVISORY CAPACITY AT
$100 A MONTH TO LOOK CONTINUALLY INTO OUR PROGRAM RE USE OF CHEMICALS.
IN FURTHER DISCUSSION, IT WAS GENERALLY FELT THAT THIS IS
A VERY COMPLEX PROBLEM AND THAT WE SHOULD HAVE A WORKSHOP SESSION TO
GATHER INFORMATION AND BE PREPARED WITH A THOROUGH UNDERSTANDING OF
THE SUBJECT BEFORE GOING TO A_PUBLLC_HEARING.
THE CHAIRMAN NOTED THERE IS A MOTION ON THE FLOOR CALLING
FOR A PUBLIC HEARING AND CALLED FOR THE QUESTION. IT WAS VOTED ON
AND DEFEATED 4 TO 1 WITH COMMISSIONER FLETCHER VOTING IN FAVOR.
DISCUSSION FOLLOWED IN REGARD TO GIVING THE ADMINISTRATOR
THE OPPORTUNITY TO CONTACT EXPERTS AND GATHER INFORMATION AND SCHEDULE
A WORKSHOP MEETING.
COMMISSIONER FLETCHER STATED THAT HE WISHED TO KNOW IF THE
PUBLIC WAS WILLING TO TAKE THE RISK INVOLVED WITH THE USE OF THE
CHEMICAL OR WHETHER THEY WOULD PREFER TO LET THINGS GROW, AND THE
ADMINISTRATOR FELT THAT WE FIRST MUST PROVE THERE IS A RISK.
ADMINISTRATOR NELSON REPORTED THAT THE MAYOR OF SEBASTIAN
HAS SET UP A HEARING IN SEBASTIAN AT WHICH BIOLOGISTS AND EXPERTS
WILL SPEAK ON THIS SAME SUBJECT, IT IS SET FOR FRIDAY, FEBRUARY 20TH
AT 2:00 P.M., AND HE HAS INVITED ALL TO ATTEND,
IN FURTHER DISCUSSION, IT WAS AGREED THAT THE ADMINISTRATOR
AND AS MANY COMMISSIONERS AS POSSIBLE WOULD ATTEND THE HEARING IN
SEBASTIAN TO DETERMINE IF IT WILL BE NECESSARY TO SCHEDULE A SIMILAR
TYPE SEMINAR.
COMMISSIONER FLETCHER MADE THE CONSIDERABLE AMOUNT OF IN-
FORMATION HE HAD AMASSED ON THIS SUBJECT AVAILABLE FOR THE BOARD TO
STUDY.
RESIGNATION OF RICHARD MCCLEARY FROM PLANNING & ZONING COMMISSION AND
RECOMMENDATION FOR REPLACEMENT
COMMISSIONER BIRD SUBMITTED THE FOLLOWING LETTER OF RESIG-
NATION FROM RICHARD MCCLEARY AND SUPPLIED THE BOARD MEMBERS WITH A
RESUME OF LARRY HALL, WHO -IS WILLING TO BE CONSIDERED AS A REPLACEMENT.
FES 1� j
1820 Cutlass Cove Drive
Vero Beach, Florida
32960
Board of County Commissioners
Indian River County, Florida
Court House
Vero Beach, Florida
Attention- Hon. Richard N. Bird
Dear Mr. Bird
January 30, 19 81
Please accept this letter as my formal resignation as a member of the
Indian River County Zoning Board. Since you initiated my Appointment to
the Zoning Board, it would appear that I should submit this resignation
through you.
Let me take this opportunity to thank you for the appointment and I am
sorry for any embarassment that it may have caused you or other members.
I am grateful for every courtesy extended to me during my tenure.
Very truly yours,
lzel�lw-$1'
Ri hard R. McCleary
DISCUSSION IN REGARD TO WORKSHOP ON COUNTY ROLE IN RECREATION
COMMISSIONER BIRD WISHED TO SET UP A WORKSHOP MEETING TO
DISCUSS WITH THE SCHOOL BOARD AND THE CITY RECREATION DEPARTMENT
THE COUNTY'S OVERALL ROLE AND FUTURE CONCEPT IN REGARD TO A RECREA-
TION PROGRAM, INCLUDING CONSIDERATION OF THE PROPOSED SOCCER COMPLEX.
IN DISCUSSION, IT WAS AGREED IT WOULD BE WISE TO DO THIS
PRIOR TO BUDGET TIME, AND A DATE OF MARCH 18TH AT 7:00 P.M. WAS SET
FOR A WORKSHOP ON RECREATION AS DISCUSSED ABOVE.
THE SEVERAL BILLS AND ACCOUNTS AGAINST THE COUNTY, HAVING
BEEN AUDITED, WERE EXAMINED AND FOUND TO BE CORRECT, WERE APPROVED
AND WARRANTS ISSUED IN SETTLEMENT OF SAME AS FOLLOWS: TREASURY
FUND Nos. 69288 - 69459 INCLUSIVE. SUCH BILLS AND ACCOUNTS BEING
ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT, THE WARRANTS
SO ISSUED FROM THE RESPECTIVE BONDS BEING LISTED IN THE SUPPLEMENTAL
MINUTE BOOK AS PROVIDED BY THE RULES OF THE LEGISLATIVE AUDITOR,
REFERENCE TO SUCH RECORD AND LIST SO RECORDED BEING MADE A PART OF
THESE MINUTES,
THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED
AND CARRIED, THE BOARD ADJOURNED AT 6:05 O'CLOCK P.M",
ATTEST:
CLERK
m
�B 111981
59 at K 45 PA F