HomeMy WebLinkAbout4/15/1981WEDNESDAY, APRIL 15, 1981
THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, MET IN REGULAR SESSION AT THE CITY HAL-L.000NCIL CHAMBERS,
1053 20TH PLACE, VERO BEACH, FLORIDA, ON WEDNESDAY, APRLr15, 1981,
AT 8:30 O'CLOCK A.M. PRESENT WERE PATRICK B. LYONS, CHAIR N;
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; R. STEPHEN HOULIHAN, ASSISTANT ATTORNEY TO THE BOARD
OF COUNTY COMMISSIONERS; JEFFREY K. BARTON, FINANCE OFFICER; DAN
FLEISCHMAN, BAILIFF; AND VIRGINIA HARGREAVES AND JANICE CALDWELL,
DEPUTY CLERKS.
THE CHAIRMAN CALLED THE MEETING TO ORDER. .I
COMMISSIONER BIRD LED THE PLEDGE OF ALLEGIANCE TO THE FLAG,
AND RABBI RICHARD AGLER, TEMPLE BETH SHALOM OF VERO BEACH, GAVE
THE INVOCATION.
APPROVAL OF MINUTES
THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS
TO THE MINUTES OF THE SPECIAL MEETING OF MARCH 16, 1981.
ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMIS-
SIONER WODTKE, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE
SPECIAL MEETING OF MARCH 16, 1981, AS WRITTEN.
THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS
TO THE MINUTES OF THE SPECIAL MEETING OF MARCH 18, 1981.
ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMIS-
SIONER WODTKE, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE
SPECIAL MEETING OF MARCH 18, 1981, AS WRITTEN..,
r.
THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS
TO THE MINUTES OF THE REGULAR MEETING OF MARCH 25, 1981.
COMMISSIONER FLETCHER REFERRED TO PAGE 18, PARAGRAPH FIVE,
AND ASKED IF THE WORKSHOP HAD BEEN HELD. HE THEN REFERRED TO PAGE
PRESIDENT OF BLOOMFIELD—VERO CORPORATION, THAT IN THE FUTURE, THE
NAMES BE TYPED UNDER THE SIGNATURE.
COMMISSIONER BIRD REFERRED TO PAGE 31, LINE 18, AND
REQUESTED THAT THE WORD "RULED" BE CORRECTED TO "ROLLED."
THIS CORRECTION HAVING BEEN MADE, ON MOTION BY COMMIS—
SIONER SCURLOCK, SECONDED BY COMMISSIONER BIRD, THE BOARD UNANIMOUSLY
APPROVED THE MINUTES OF THE REGULAR MEETING OF MARCH 25, 1981, AS
CORRECTED.
.ffli el . i . ►I
AGENDA.
THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS TO THE
COMMISSIONER WODTKE REQUESTED ADDING AN ITEM REGARDING THE
ST. .JOHNS RIVER WATER MANAGEMENT DISTRICT.
COMMISSIONER BIRD REQUESTED ADDING A REPORT REGARDING THE
RECREATION COMMITTEE.
ADMINISTRATOR NELSON REQUESTED ADDING AN ITEM CONCERNING
A CHANGE ORDER FOR THE SOUTH COUNTY WATER PROJECT; ALSO DISCUSSION
ABOUT THE HOUSING AUTHORITY WORKSHOP;FOR APRIL 29TH AT 4:00 P.M.
,_ ASSISTANT ATTORNEY HOULIHAN STATED THAT ATTORNEY COLLINS
WANTED TO MAKE SEVERAL COMMENTS ABOUT THE HIGHLAND MOTEL.
ADMINISTRATOR NELSON REQUESTED THAT ITEM 8B CONCERNING
THE REVIEW OF PROPOSED ORDINANCE TO DEFINE STANDARDS FOR INSTALLATION
OF SEPTIC TANKS BE REMOVED FROM TODAY IS AGENDA.
COMMISSIONER FLETCHER REQUESTED ADDING AN ITEM REGARDING
STREET ADDRESSES ON LEGAL NOTICES; AND A DISCUSSION ON THE INTERIM
TAX ROLL.
ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMIS—
SIONER WODTKE, THE BOARD UNANIMOUSLY APPROVED THE ADDITIONS OF
THE EMERGENCY ITEMS TO THE AGENDA AND THE DELETION OF ITEM 8B.
"m -
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
BIRD, THE BOARD UNANIMOUSLY APPROVED THE TRANSFER BUDGET FOR DEBT
SERVICE FROM NORTH COUNTY UTILITIES FUND TO UTILITY IMPACT/FRANCHISE
FUND, AS FOLLOWS:
0
ACCOUNT TITLE ACCOUNT NT24BER Il`1CREAS';
B.C.C. Contingencies 461-199-581-99.91 24,125
Principal -Debt Serv. 451-218-536-77.11
Interest -Debt Serv. 461-218-536-77.23
Impact Fees -Plant
Maintenance 472-000-343-65.00 24,125
Prinicipal-Debt Serv. 472-21.8-536-77.11 41000
Interest -Debt Serv. 472-218=536-77.21 20,325
DECREASE
�I
I
4,000
20,125
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
BIRD, THE BOARD UNANIMOUSLY APPROVED STATE WITNESS PAYROLL FOR COUNTY
COURT, MARCH TERM,_1981, IN THE AMOUNTS OF $179.96 AND $104.86.
THE FOLLOWING REPORTS WERE RECEIVED AND PLACED ON FILE IN
THE OFFICE OF THE CLERK:
TRAFFIC VIOLATION BUREAU — SPECIAL TRUST FUND
MONTH OF MARCH, 1981, IN THE AMOUNT OF $30,600.02 -
TRAFFIC VIOLATION FINES BY NAME, MARCH, 1981
REPORT OF CONVICTIONS, MARCH, 1981
Me1 f
COMMISSIONER WODTKE REQUESTED THAT ITEM 6E REGARDING
CLERICAL ASSISTANCE FOR SECRETARY TO THE BOARD OF COUNTY COMMISSIONERS
BE REMOVED FROM THE CONSENT AGENDA.
ON -MOTION BY COMMISSIONER SCURLOCK,.-SECONDED BY COMMISSIONER
BIRD, THE BOARD UNANIMOUSLY APPROVED A PROCLAMATION DECLARING THE
WEEK OF MAY LOTH THROUGH 16TH AS VOLUNTEER AMBULANCE WEEK.
151951 3
Pox 4-6 i-p�cE2
SPR 151981
P R O C L A M A T I O N
pari
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF
COU14TY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT
in recognition of the important part of ambulance service
contribution in the link of community service, the week of
f
MAY 10th THRU 16th
be declared as
VOLUNTEER AMBULANCE WEEK
and expresses its appreciation to the INDIAN RIVER COUNTY
-VOLUNTEER. AMBULANCE SQUAD on their 15th anniversary
BOARD ;OF COUNTY COMMISSIONERS
INDIAL4.�IVER COUNTY, FLORIDA
Chairman
a
ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMIS—
SIONER BIRD, THE BOARD UNANIMOUSLY APPROVED THE APPLICATION FOR A
PERMIT TO CARRY A CONCEALED FIREARM FOR FREDERICK WILLIAM MORGAN
AND PASQUALE A. BOTTINO.
ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMIS-
SIONER BIRD, THE BOARD UNANIMOUSLY APPROVED CHANGE ORDER #2 FOR
GIFFORD SEWER CONTRACT, AS FOLLOWS:
INDIAN RIVER COUNTY, FLORIDA
INTER - OFFICE MEMORANDUM
TO: Honorable Members of the
Board of County Commissioners
FROM: Nei 1 Nel son
County Adm.
DATE: Apri 1 6, 1981 FI LE:
SUBJECT: Change Order #2 for Gifford
Sewer Contract
REFERENCES:
I
DESCRIPTION & CONDITIONS -
After the contracted refurbishment work was begun, a gravity sewer blockage
occured on 38th Court. -Two problems were found to cause the blockage by sand;
1. - A broken bell that permitted sand and water to infiltrate and 2. - A dip
in the gravity line that allowed settlement and blockage by the sand.
ALTERNATIVES & ANALYSIS -
The alternative would be to contract this work to another contractor - but it
would be for a higher price. County's crews are not presently equipped for this
type work. This work costing $1,000.00 should be done to prevent continual
problems with sewer blockage, sand from eroding lift -station pump impellers
are interfering with the sewage treatment plant process.
RECOMMENDATIONS & FUNDING -
I recommend that the Board of County Commissioners approve this work so that
the Chairman can sign the change order. It will then be processed in the normal
course of action by FMHA and ultimately be paid by them.
Distribution:
George Liner `
john Robbins
File
Approve Agenda Item:
For
Date
By\—�,�.
APR 151981
5 POOK 46 PACE223
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i'R 15 1991
<. 1r Firm FHA 424.7
(Rev. 8-22.69)
book t
t1:�i-F't:D
STAIES ES DEPAK1'Mi N -V OF AGhM.J.-x ucit_
FARNIL:RS 11011E ADMINISTRATION O►tOL11 No. 2
CONTRACT 6I1ANGF. ORDER
Phase II - Gifford Area Sewage System Improvements
CONTnACT FOR
OWNER
OAT
STAT E Florida
COUNTY
Indian River
To ..Q r.i yeways =--Inc ....... ...... ........................................................................ _....._.._-_.._.....—. __ ------------ ---- You are hereby requested to comply wit4 the folio -sing changes from the contract plans and specifications:
Description of Changes
(Supplemental Plans and Specifications Attached)
1. Work shall include replacing broken 8 inch $
Vitrified Clay Pipe (VCP) with 8 inch PVC pipe.
Connection between existing VCP and PVC pipe shall
be made with Mission couplings.
2. Work shall include removing 8 inch Vitrified
Clay Pipe (VCP), backfilling low area and compact-
ing, and installing 12 feet of 8 inch PVC pipe in
same section connected with Mission couplings.
TOTALS S
NET CHANGE IN CONTRACT PRICE. I S
DECREASE INCREASEin Contract Price in Contract Price
M
P
500.00
500.00
1,000.00
1,000.00
JUSTIFICATION':. Sand infiltration -into the' gravity sewer system has created problems
in the existing pumping station. Such problems should be remedied prior to construc-
tion of the new pumping station facility, and the installation of new pumping equipment.
The amount of the Contract will be ( ?aXM (Increased) By The Sum Of: One Thousand and
00/100------------------------------------------------ ( 1,000-00
Dollars S ) -
The Contract Total Including this and previous Change Orders Will Be: Three Hundred Sixty Nine Thousand
Seven Hundred Thirtv Six and 85/100------------------ Dollars(S 369,736.85
The Contract Period Provided for Completion Will BeXtfiX)J?4XX ( 4)XA?I4C'iWYM};(Unchanged): -0- Days
This document -will become a supplement to the contract and all provisions will apply hereto.
Requested
<� (Owner)
Recommended
L' (Owner's Architect/Engineer)
Accepted
a (Contractor)
Approved By FHA
(Narne a►nf Title)
tr U.S. G.P.U. 1976-665-664/1934 REG.k6
Poci(ion 6
6
(Date)
(Date)
(D ate)
(Date)
FNA 424.7 (Rev. 8-22-0)
THE BOARD NEXT REVIEWED THE FOLLOWING MEMORANDUM FROM
ADMINISTRATOR NELSON REGARDING THE STATUS OF NEW SUBDIVISION
REGULATIONS:
INDIAN RIVER COUNTY, FLORIDA
INTER OFFICE MEMORANDUM
TO: Honorable Members of the
Board of County Commissioners
FROM: Nei 1 A. Nelson,
County Administrator
DATE: April 2, 1981
FILE:
SUBJECT: Status of New Subdivision Regulations
REFERENCES:
This is in response to a request from the Board of County Commissioners to
identify the present status of efforts to develop new subdivision regulations.
DESCRIPTION AND CONDITIONS
Subdivision Regulations are part of the implementation process for land use
management. Along with other ordinances, they are intended to aid in coordinating
land development in accordance with orderly physical patterns described in the
Land Use Plan, discouraging haphazard, premature, and/or uneconomic growth. These
regulations attempt to establish reasonable guidelines for the subdivider to
provide adequate and necessary physical improvements to the land. Further, they
protect taxpayers from the burden of improvement and ensures the purchaser of
land in a subdivision that minimum standards for necessary improvements of lasting
quality have been met.
In conjunction with the development of the elements of the Comprehensive Plan,
the Planning staff and consultant are proceeding to draft proposals for regulations
which coincide with the policies and intent of the planning document, especially
the Land Use and Transportation Elements. This effort has been two pronged, with
the consultant working to draft documents in relation to the content of the
elements and County staff personnel of several departments developing similar
proposals based upon direct analysis of experience. Both efforts are accessing
the needs exposed by their approaches and suggesting methods to meet them. Many
of these areas overlap, providing several points of view or consensus in certain
areas.
ALTERNATIVES AND ANALYSIS
It is recongized that the existing regulations are somewhat deficient in dealing
with today's conditions. However, it is felt that piecemeal correction of this
and other regulatory documents would -cause further confusion and misunderstanding
as to the intent and content of these regulations, due to conflicting statements
and lack of policy direction. The choices for handling the problem include:
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APR 151981 roc . +*2
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A. Proceed to make corrections on an individual basis, relying on
isolated policy decisions, and making further changes and adjustment
when the Comprehensive Plan is adopted. This will continue the present
situation of producing numerous ordinances to amend a single document.
These are often difficult to keep track of and,make enforcement and
compliance a problem.
B. Do a comprehensive modification of the document now. This would be less
confusing. However, such an effort would precede the adoption of the
proposed Comprei6nsive Plan and it's coordinated set of,goals, objectives,
and policies, upon which such regulation should be based. Such a document,
while comprehensive, would fall short of implementing new directions and
methods for development.
C. Continue to develop a set of regulations for subdivisions concurrently with,
and directly related to the proposed "Plan". This process will afford time
for analysis of alternative methods by all County departments affected.
Make final adjustments to the document immediately following adoption of
the proposed plan and adopt the new subdivision regulations as soon as
'possible after plan adoption.
RECOMMENDATION AND FUNDING
The Administration recommends alternative "C". The County Commission has
authorized a significant effort to produce a "Plan" and the basic implementing.
documents. It was recommended that these efforts be undertaken simultaneously
to reduce the lag time between plan adoption and implementation. This effort is
proceeding to an expected conclusion by mid -summer. The effect of handling the
various components of the "Plan" and it's implementation separately, and out of
context, could delay implementation and compliance with the State mandate. This
also would cost the County further staff time which could be applied to other
efforts.
APPROVED AGENDA ITEM
FOR /L — f
BY - -�
NAN:ms
COMMISSIONER FLETCHER SUGGESTED THAT THIS ITEM BE REMOVED
FROM THE CONSENT AGENDA.
MOTION WAS MADE BY COMMISSIONER SCURLOCK, SECONDED BY
COMMISSIONER BIRD, TO APPROVE THE ADMINISTRATORS RECOMMENDATION IN
HIS MEMORANDUM OF APRIL 2, 1981 REGA6DING THE NEW SUBDIVISION
REGULATIONS.
ADMINISTRATOR NELSON EXPLAINED THAT THEY ARE TRYING TO
MEET THE DEADLINE OF THE COMPREHENSIVE PLAN AND ASKED THE BOARD TO
APPROVE HIS RECOMMENDATION OF ALTERNATE C IN HIS MEMO. IN THE
MEANTIME, A WORKSHOP CAN BE SCHEDULED SO WORK ON THIS PROJECT CAN
CONTINUE.
8
ATTORNEY COLLINS ARRIVED AT THE MEETING AT 8:55 O'CLOCK A.M.
LENGTHY DISCUSSION FOLLOWED, AND COMMISSIONER FLETCHER
WAS INTERESTED IN GATHERING THE BOARD'S IDEAS ON HOW THEY COULD GIVE
THE ADMINISTRATOR SOME ASSISTANCE IN IMPLEMENTING THIS WORK.
ADMINISTRATOR NELSON SUGGESTED HAVING A WORKSHOP MEETING
ON THIS SUBJECT ON WEDNESDAY, MAY 27, 1981 AT 7:00 O'CLOCK.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON
AND CARRIED UNANIMOUSLY.
:CLERICAL ASSISTANCE FOR SECRETARY TO BOARD OF COUNTY COMMISSIONERS
THE BOARD NEXT CONSIDERED THE FOLLOWING MEMORANDUM FOR
ADMINISTRATOR NELSON:
TO: Honorable Members of the ®ATE: April 7, 1981 FILE:
Board of County Commissioners
SUBJECT: Clerical Assistance for
Secretary to the Board of
County Commissioners
FROM: Neil A. Nelson REFERENCES:
County Administrator
DESCRIPTION AND CONDITIONS
The increasing work load placed upon the office of the Board of County
Commissioners necessitates the addition of clerical assistance to relieve
the Secretary to the Board from the more routine clerical functions. This
addition will enable the Board's Secretary to devote more time to the business
of tbe'Board requiring greater responsibility, such as handling of public
inquiries and contacts, and Agenda preparation.
RECOMMENDATION AND FUNDING
It is recommended the Board authorize establishment of one Clerk -Typist
position, effective May 1, 1981, to be budgeted within the account for the
office of the Board of County Commissioners, with transfer from the General
Fund - Reserve for Contingencies Account. Estimated. costs are:
- FY 1980-81
A. Personnel $ 4,200.00
B. Equipment &
Supplies 500.00
Total $ 4,700.00
FY 1981-82
SPR 15196
Pox-
COMMISSIONER
ox
COMMISSIONER WODTKE STATED HE WAS OPPOSED TO HIRING
ADDITIONAL PERSONNEL WHEN THIS ITEM HAS NOT BEEN BUDGETED - HE
SUGGESTED WAITING UNTIL BUDGET TIME TO DO THE HIRING.
ADMINISTRATOR NELSON EXPLAINED THAT THE BOARD HAS BEEN
PUTTING AN ADDITIONAL WORKLOAD ON THE BOARD SECRETARY AND SHE IS
IN NEED OF AN ASSISTANT AT THIS TIME.
MOTION WAS MADE BY COMMISSIONER SCURLOCK, SECONDED BY
COMMISSIONER BIRD,THAT THE ADMINISTRATORS REQUEST :FOR CLERICAL
ASSISTANCE FOR THE SECRETARY TO THE BOARD OF COUNTY COMMISSIONERS
BE APPROVED.
COMMISSIONER FLETCHER AGREED THAT THERE WAS A GREAT DEAL
OF ADDITIONAL WORK GOING.TO THE BOARD SECRETARY.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON
AND CARRIED WITH A VOTE OF 4 TO 1, WITH COMMISSIONER WODTKE VOTING
IN OPPOSITION.
PUBLIC BEARING - ORDINANCE AMENDING SECTION 4-31, STANDARD
BUILDING CODE
THE HOUR OF 9:00 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
I 7
a,�
in the matter of _d& . AmeiiitOt • Sat.,— V --3/
in the Court, was pub -
fished in said newspaper in the issues of 1 -24 / / 81
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 me this ay of *4&' • A.D.
r (6 s ss Manager)
(SEAL) (Clerk of the Circuit Court, InI is River County, Florida)
NOTICE
NOTICE IS HEREBY GIVEN that the Board
of County Commissioners of IndianRiver
County, Florida, will hold a public hearing on
April 15, 1981, at 9:00 A.M., in the City Council
Chambers in the Vero Beach City Hall to
consider the adoption of an '
Ordinance amending Section 4-31 Indian
River County Code of Laws and Ordinances
STANDARD BUILDING CODE ADOPTED to
provide for adoption of the 3rd printing of the
Standard Building Code, 1979 Edition, and
providing for an effective date.
If any person decides to appeal any decision
made on the above matter, he will need a
record of the proceedings, and for such pur-
poses, he may need to insure that a verbatim
record of the -proceedings is made, which
record includes the testimony in evidence on
which the appeal is based.
Board of County Commissioners
Of Indian River County, Florida
By: -s- Patrick B. Lyons
Chairman
March 27, 1981. < .,
ATTORNEY COLLINS COMMENTED THAT THE BOARD HAS ALWAYS
ADOPTED THE UPGRADED STANDARDS OF THE SOUTHERN STANDARD BUILDING
CODE AND THIS ORDINANCE WAS IN LINE. HE CONTINUED THAT HE HAS NOT
REVIEWED IT TO SEE WHAT CHANGES HAVE BEEN MADE, BUT IT WAS RECOMMENDED
BY THE BUILDING DEPARTMENT.
CHAIRMAN LYONS ASKED IF THERE WAS ANYONE PRESENT WHO WISHED
TO BE HEARD. THERE WERE NONE.
ON MOTION BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER
WODTKE, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING.
COMMISSIONER FLETCHER REPORTED THAT HE WOULD BE VOTING
NEGATIVELY SINCE IT HAD NOT BEEN REVIEWED AND CHECKED TO SEE IF THERE
PR,
• P `riK 46 PACF 229
- 11
INCONSISTENCIES AND WAS ONE OF THE PRIMARY REASONS WHY THE COST OF
BUILDING WAS SO HIGH. COMMISSIONER FLETCHER STATED THAT A GOOD
BUILDING DIRECTOR COULD DO THE SAME THING THE CODE DOES, AND WITH A
LOT MORE CREATIVE ABILITY. HE STRESSED THAT WITH THE NEW CONSTRUCTION
GOING ON TODAY, THE ENGINEER OR ARCHITECT MUST PUT HIS CERTIFIED
SEAL ON THE SET OF PLANS, AND HE FELT THEY SHOULD BE MADE RESPONSIBLE -
THIS WOULD'ENABLE THE BUILDING DEPARTMENT TO QUIT DOUBLE-CHECKING
HIM. HE CONTINUED THAT AS LONG AS THE ENGINEERS AND ARCHITECTS KNOW
THEY WILL BE CHECKED AND CORRECTED, THEY WILL NOT HAVE THE MOTIVATION
TO DO IT RIGHT THE FIRST TIME. THE ENGINEERS AND ARCHITECTS SHOULD
BE GOVERNED BY THEIR CODE OF ETHICS.
MOTION WAS MADE BY COMMISSIONER SCURLOCK, SECONDED BY
COMMISSIONER BIRD,TO ADOPT ORDINANCE N0. 81-13 AMENDING SECTION 4-31
INDIAN RIVER COUNTY CODE OF LAWS AND ORDINANCES STANDARD BUILDING
CODE ADOPTED TO PROVIDE FOR ADOPTION OF THE THIRD PRINTING OF THE
STANDARD BUILDING CODE, 1979 EDITION, AND PROVIDING FOR AN EFFECTIVE
DATE.
DISCUSSION FOLLOWED, AND COMMISSIONER SCURLOCK THOUGHT THE
BOARD WOULD BE OPENING THEMSELVES UP TO A LOT OF ABUSE IF THE
SOUTHERN STANDARD BUILDING CODE WAS NOT USED.
COMMISSIONER FLETCHER POINTED OUT THE RIGHT OF AN INDIVIDUAL
TO BUILD HIS OWN HOUSE AND MAKE HIS MISTAKES SO LONG AS HE DOES NOT
HARM HIS NEIGHBOR. HE FELT THE ENGINEERS AND ARCHITECTS SHOULD BE
MADE RESPONSIBLE UNDER THEIR SEALS. COMMISSIONER FLETCHER ADVISED
THAT THESE INDIVIDUALS ARE USING THE COUNTY STAFF TO MAKE SURE THEIR
WORK IS CORRECT.
COMMISSIONER BIRD POINTED OUT THAT IF THEY DID NOT HAVE
THE SOUTHERN STANDARD BUILDING CODE,`THEY WOULD BE USING OUR STAFF
MORE THAN EVER.
ATTORNEY COLLINS WANTED THE BOARD TO BE SURE AND TAKE
INTO CONSIDERATION THAT THE BUILDING DIRECTOR MUST HAVE A GUIDE TO
FOLLOW - HE BELIEVED IT WOULD BE UNCONSTITUTIONAL IF THERE WERE
NO STANDARDS BY WHICH TO BE GUIDED,
ATTORNEY.
COMMISSIONER FLETCHER STATED HE DID NOT AGREE WITH THE
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.
INDIAN RIVER COUNTY
ORDINANCE NO. 81-13
AN ORDINANCE AMENDING SECTION 4-31 INDIAN RIVER
COUNTY CODE OF LAPIS AND ORDINANCES STANDARD
BUILDING CODE ADOPTED TO PROVIDE FOR-7M0=ON-`
OF THE 3RD PRINTING OF THE STANDARD BUILDING
CODE, 1979 EDITION, AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA, that the Indian River County Code of Laws and Ordinances
Section 4-31, which previously read:
Sec. 4-31. Standard Building Code adopted.
The Standard Building Code, 1979 edition, as printed by the Southern
Building Code Congress is hereby adopted by reference as the Indian River
County, Florida, Building Code with the modifications as hereinafter set
out.
Indian River County Code of Laws and Ordinances Section 4-31 is amended
to read as follows:
Sec. 4-31. Standard Building Code adopted.
The Standard Building Code, 1979 edition, 3rd printing as there
published by the Southern Building Code Congress is hereby adopted by
reference as the Indian River County, Florida, Building Code with the
modifications as hereinafter set out.
This Ordinance shall take effect April 20, 1981.
13
�t� K 46 PACE 231t `
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APR 151991
CHAIRMAN LYONS NOTED THAT AT A MEETING HELD RECENTLY
REGARDING THE GIFFORD SPECIAL TAX DISTRICT, THE DISCUSSION WAS
LIMITED TO STREET LIGHTING,AND THE CHAIRMAN STRESSED THAT HE WOULD
HAVE A PROBLEM RECOMMENDING THIS MATTER TO THE BOARD UNLESS IT
REPRESENTED THE STATE OF MIND OF THE MAJORITY IN GIFFORD, CHAIRMAN
LYONS CONTINUED THAT HE ASKED THAT THE VARIOUS GROUPS GET TOGETHER
FROM GIFFORD, MEET WITH THE CITY OF VERO BEACH AND FLORIDA POWER
& LIGHT, AND COME UP WITH A PLAN.
DISCUSSION FOLLOWED. SINCE THIS ITEM IS IN THE FORMULATIVE
STAGE, IT WAS AGREED THE VARIOUS GROUPS IN GIFFORD MUST GET TOGETHER, DO THEIR RE—
SEARCH, AGREE ON A STANDARD PLAN, AND PRESENT IT TO THE BOARD.
ADMINISTRATOR NELSON REVIEWED HIS MEMORANDUM:
TO: The Honorable Board of ®ATE: April 8, 1981 FILE:
County Commissioners
SUBJECT: Westwind Subdivision - Request for
Preliminary Plat Approval - Approximately
18.3 Acres containing 29 Lots
Location: North east corner of 43rd Ave.
and Citrus Road (4th Street)
Owner: George Frederick
FROM: Neil P. Nelson,
Surveyor -of -Record: Paul F. Rosskarr�p
County Administrator REFERENCES:
Description and Conditions
The above project was reviewed by the Technical Review Committee on
March 17, 1981 and the following was recommended
a
1) Revise the road right-of-way configuration to provide an additional
access to Citrus Road and allowing for proper arrangement of streets
for future platting of adjoining unplatted and platted lands.
2) Provide additional drainage easements and',swales
At the T.R.C. meeting, the owner expressed that certain lots had already
been intended for sale and that he did not wish to revise the configuration.
14
Alternatives and Analysis
The present road design does not provide adequate access to Citrus Road
nor 6th Street to the �!orth. Two alternatives are present
A) Redesign the road network to provide better access and internal
traffic circulation and the T.R.C.recommendation honored. Lots
�. facing 43rd Avenue should have non -access easements. This alter-
native would be in compliance with Section 4 Paragraph.l(b) and
(c) Subdivision Regulation 75-3.
B) Accept the proposed plat and request escrow funds for paving a half
road on 6th Street right-of-way. This alternative would be in
compliance with Section 4 Paragraph 1 (d) and (e) Subdivision
Regulation 75-3.
Drainage revisions have been made and approved.
Recommendations
Both of the above alternatives have features that comply with the
Subdivision Regulations. It is the TRC and staff recommendation, however,
to recommend as first preference, alternative A, thereby, requesting the
owner to redesign the road network to provide better access to existing roads
and additional connecting streets. If alternative B, approving the existing
road network, is accepted, it is recommended that the developer post a cash bond
to pave , a road along 6th Street =.Y
OWNER GEORGE FREDERICK APPROACHED THE BOARD AND STATED
THAT HE PREFERRED TO HAVE JUST ONE ACCESS INTO THE SUBDIVISION AS
TWO ACCESSES MIGHT CREATE A HAZARD.
ADMINISTRATOR NELSON STATED THAT THE DEVELOPER DOES MEET
THE SUBDIVISION REQUIREMENTS AT THIS TIME - HIS RECOMMENDATION TO
THE BOARD WOULD BE TO 'USE ALTERNATE B OF HIS MEMO.
DISCUSSION FOLLOWED.
MOTION WAS MADE BY COMMISSIONER BIRD, SECONDED BY COMMI-S-
SIONER SCURLOCK THAT THE BOARD GRANT PRELIMINARY PLAT APPROVAL OF
WESTWIND SUBDIVISION, SUBJECT TO ALTERNATE B OF ADMINISTRATOR
NELSONS MEMO DATED APRIL 8, 1981.
MR. FREDERICK STATED THAT THIS -WAS THE FIRST TIME HE HAD
s
HEARD ABOUT PUTTING UP ESCROW FUNDS.
PAUL F. ROSSKAMP, SURVEYOR, EXPLAINED THAT THEY HAD
DEDICATED 35' RIGHT-OF-WAY FOR 6TH STREET.
LENGTHY DISCUSSION FOLLOWED ABOUT DEVELOPERS PUTTING UP
ESCROW FUNDS FOR PAVING OF HALF -ROADS.
R.111 iss�
15
46
gem-
.
DEPARTMENT HAD GIVEN THE DEVELOPER SOME PLANNING DESIGNS, AND AFTER
THE PLAN WAS DRAWN, IT WAS FELT THAT ANOTHER ACCESS SHOULD BE ,
PROVIDED. HE ADDED IT WOULD BE DESIRABLE TO HAVE A RIGHT—OF—WAY
ON 6TH STREET.
ATTORNEY'COLLINS NOTED THAT THE BOARD HAS THE OBLIGATION
TO LOOK TO THE FUTURE FOR INGRESS AND EGRESS IN SUBDIVISIONS.
MR. FREDERICK STATED 'THAT IT SEEMED A LITTLE UNFAIR TO PUT
MONEY IN ESCROW FOR INFINITY FOR THE PAVING OF HALF—ROADS,
DISCUSSION FOLLOWED ABOUT THE WORDING TO BE USED IN THE
DEDICATION.
ATTORNEY COLLINS COMMENTED THAT IF IT IS THE BOARDS INTENT
TO APPROVE THE PLAT AND HAVE THE ROAD USED BY OTHERS, HIS RECOMMENDA—
TION WOULD BE TO HAVE THE MOTION STATE THIS FACT IN THE DEDICATION.
ADMINISTRATOR NELSON SUGGESTED THAT THIS ITEM BE REMOVED
FROM THE AGENDA AT THIS TIME AND THAT IT BE REFERRED TO THE
ADMINISTRATOR'S OFFICE FOR FURTHER STUDY.
CHAIRMAN LYONS FELT IT COULD BE APPROVED NOW AND THE
QUESTION ABOUT THE ESCROW FUNDS COULD BE SETTLED AT THE TIME OF
FINAL PLAT APPROVAL.
377- COMMISSIONER BIRD COMMENTED THAT THE BOARD DOES HAVE THE
OPTION OF WHETHER OR NOT TO ELIMINATE THE POSTING OF ESCROW FUNDS.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND
CARRIED UNANIMOUSLY.
FINAL PLAT APPROVAL OF SHADY OAKS SUBDIVISION
ADMINISTRATOR NELSON DISCUSSED THE FOLLOWING MEMORANDUM;
WITH THE BOARD:
M .
16
TO: The Honorable Board of DATE: April 7, 1981 FILE:
County Commissioners
SUBJECT: Shady Oaks Subdivision
Request for Final Plat Aprroval
Approx. 37.59 acres containing 50 lots
Location: East of 43rd Ave. north of
Kelley Road
Owners: Charles Deickler & Eugene Wilmoth
FROM: REFERENCES$urveyor-of-Record: Paul F. Rosskamp
Neil A. Nelson,
County Administrator
Description and Conditions
The surveyor -of -Record and owners for the subject project requested via
letter Fated February 28, 1981 that the subject project be placed before the
County Cornr:.ission for Final Plat Approval. As a result of this request, the
Countystaff has inspected the work, reviewed the plat drawing, and requested
certain'ad.ditional information including as -built drawings of the coralete
drainage system. The owner has complied with staffs comments except for the
following:
1) The owner claims that since the mortgage holder is out of state, they
were forced to prepare a separate mortgage plat joinder agreement.
The County Attorney has allowed this only if the plat drawing contains
a note that the joinder agreement has been recorded in the proper
appropriate record book including page number.
2) In lieu of paving 1i a road on 39th Avenue and Kelly Road (total road
length z mile), the developer is posting a cash bond of $12,800. as
estimated by Pan American Engineering Co. dated March 24, 1981. This
cash bond has not yet been received by the County Administration.
_ 3) Since private streets are intended, the County should be granted ease-
ments over those private rights-of-way for utilities access, and other
uses as required.
Alternatives and Analysis
Upon noting record of the joinder agreement on the plat drawing, and submit-
__ __tine the $12,800. cash bond for pavinq of of Kelley Road and 39th Avenue S.W.
and granting the County easements over those private rights -of -ways, the Final
..Plat is in accordance with Preliminary Plat Aporoval.
J
Recommendations and Funding
It is recommended that Final Plat Approval be granted for Shady Oaks
Subdivision Contingent upon the followin'a
1) Note record of mortgage joinder agreement on the plat
2) Submittal of $12,800 paving bond
3) Grant easements for use'over private rights-of-way/easements
as per the following wording to be included in the dedication:
"To Indian River County,easement for ingress/egress, utility,
and drainage over the rights-of-way and easements as shown
on the plat".
17 BOOP( 46 ?ACE 235
h
BOOK PAcf,
APR 151981
ADMINISTRATOR NELSON RECOMMENDED THAT FINAL PLAT APPROVAL
BE GIVEN WITH THE CONTINGENCIES NOTED IN HIS MEMORANDUM,
ATTORNEY COLLINS STATED. THAT THE BOND IS BASED ON AN,
ESTIMATE FROM PAN AMERICAN ENGINEERING CO. AND IT SEEMED THAT THE
AMOUNT OF THE BOND,,,WHATEVER IT IS, SHOULD BE DETERMINED BY THE
ENGINEER UNDER SEAL,
ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMIS—
SIONER BIR15, THE BOARD UNANIMOUSLY AGREED TO GRANT FINAL PLAT APPROVAL
OF SHADY OAKS SUBDIVISION, CONTINGENT ON THE RECOMMENDATIONS NOTED
IN THE ADMINISTRATOR'S MEMO DATED APRIL %, 1981, AND THE ATTORNEY'S
RECOMMENDATION REGARDING THE BOND,
ST. JOHNS RIVER WATER MANAGEMENT DISTRICT BOARD —
RECOMMENDATION OF D. VICTOR KNIGHT, SJR. — RESOLUTION N0, 81-22
COMMISSIONER WODTKE HIGHLY RECOMMENDED D. VICTOR KNIGHT,
JR. TO SERVE ON THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT BOARD
TO REPLACE .JOHN TRIPSON. HE ADDED THAT THE INDIAN RIVER CITRUS LEAGUE
AS WELL AS THE FLORIDA FARM BUREAU ASSOCIATION HAVE ALSO WRITTEN
LETTERS TO THE GOVERNOR RECOMMENDING MR. KNIGHT.
DISCUSSION FOLLOWED ABOUT MR, KNIGHT'S QUALIFICATIONS, AND
IT WAS�POINTED OUT THAT PERHAPS THE GOVERNOR MIGHT APPOINT SOMEBODY
WHO WAS NOT FROM THIS COUNTY. IT WAS FELT THAT A UNANIMOUS DECISION
FROM THE BOARD IN SUPPORT OF MR. KNIGHT WOULD BE MOST BENEFICIAL.
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
SCURLOCK, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO PREPARE
RESOLUTION N0. 81-22 TO THE GOVERNOR INDICATING THE BOARD'S CONCERN
ABOUT THE ST. .JOHNS RIVER WATER MANAGEMENT DISTRICT, AND TO CONTINUE
WITH A REPRESENTATIVE FROM THIS COUNTY, NAMELY, D. VICTOR KNIGHT, .JR.,
AND AUTHORIZE THE SIGNATURE OF THE CHAIRMAN.
RESOLUTION NO. 81-22
WHEREAS, the County of Indian River represents a unique
and important part of the headwaters of the St. Johns River
in the State of Florida; and
WHEREAS, the waters of the western portion of Indian River
County are important to the livelihood of over thirty percent
of the inhabitants of this County; and
WHEREAS, the Indian River County Board of Commissioners,
on April 15, 1981, unanimously voted to recommend D. VICTOR
KNIGHT, JR. to the St. Johns River Water Management District
Board to replace JOHN TRIPSON; and
WHEREAS, D. VICTOR KNIGHT, JR.'s diligent work on the St.
Johns River Water Management District Advisory Committee pro-
vided him with the proper background for this position; and
WHEREAS, D. VICTOR KNIGHT, JR.'s position as Chairman of
the Indian River Citrus League's Water & Land Management Com-
mittee further establishes a base and understanding of the
problems of the St. Johns River; and
WHEREAS, D. VICTOR KNIGHT, JR.'s long, personal experience
and understanding of the marsh and the river and its fluctua-
tions, combined with his other work on the River, make -him an
excellent nomination to replace JOHN TRIPSON; and
WHEREAS, the Indian River County Board of Commissioners
acknowledges the fact that multiple other organizations have
voiced their support for D. VICTOR KNIGHT, JR.;
NOW, THEREFORE, BE IT RESOLVED, that the Indian River County
Board of Commissioners unanimously recommend to the Governor of
the State of Florida D. VICTOR KNIGHT, JR, to replace JOHN
TRIPSON as a member of the St. Johns River Water Management
District Board.
Said Resolution shall become effective as of the 15thday of
April , 1981.
ATTEST:
BOARD OF COUNTY COMMISSIONERS OF
INDIAN AVER COUNTY, FLORIDA
0
r
v YRrRICK B. L S,
Chairman
Freda
Wright,r
' ..
BOOK
46 PAGE 2,37
APR 15 1981
ea.
i �mus wasswElmus.
COMMISSIONER BIRD GAVE A BRIEF REPORT REGARDING THE
RECREATION COMMITTEE AND ADVISED THE BOARD THAT LETTERS WERE SENT
TO THE MUNICIPALITIES AND THE SCHOOL BOARD REQUESTING RECOMMENDATIONS
TO THIS COMMITTEE' k CONTINUED THAT THE SCHOOL BOARD HAD NAMED
COACH WILLIAM LIVINGS AS THEIR RECOMMENDATION TO THE RECREATION
COMMITTEE.
r
APPOINTMENTS TO THE PUBLIC SAFETY ADVISORY COMMITTEE
THE BOARD CONDUCTED ELECTIONS OF THE THREE GROUPS NEEDED
TO COMPRISE THE INDIAN RIVER COUNTY PUBLIC SAFETY ADVISORY COMMITTEE.
THE SHERIFF NAMED MERRILL P. BARBER AND GARY C. WHEELER; THE BOARD
OF COUNTY COMMISSIONERS ELECTED D. C. SMITH AND ARTHUR CARL SCHEEREN3
AND JOINTLY THE BOARD AND SHERIFF ELECTED JOE H. EARMAN.
DISCUSSION WAS HELD AS TO THE TERMS OF OFFICE,AND IT
WAS DETERMINED THAT D. C. SMITH AND MERRILL P. BARBER WOULD HOLD
ONE YEAR TERMS, AND THE OTHERS WOULD HOLD TWO YEAR TERMS.
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
FLETCHER, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 81-23 APPOINTING
THE ABOVE NAMED INDIVIDUALS TO THE INDIAN RIVER COUNTY PUBLIC SAFETY
ADVISORY COMMITTEE.
RESOLUTION NO. 81-23
�I
WHEREAS, pursuant to Resolution No. 81-23, establishing the
INDIAN RIVER COUNTY PUBLIC SAFETY ADVISORY COMMITTEE, the follow-
ing appointments are made to the INDIAN RIVER COUNTY PUBLIC SAFETY
ADVISORY COMMITTEE by the
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY:
D. C. SMITH
ARTHUR CARL SCHEEREN
SHERIFF OF INDIAN RIVER COUNTY:
MERRILL P. BARBER
GARY C. WHEELER
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY and
SHERIFF OF INDIAN RIVER COUNTY
(Jointly):
JOE H. EARMAN
One-year Term
Two-year Term
One-year Term
Two-year Term
Two-year Term
The initial one-year appointments shall be until new appoint-
ments are made at the first meeting of the BOARD OF COUNTY COMMIS-
SIONERS OF INDIAN RIVER:COUNTY in January, 1982.
Said Resolution shall become effective as of the 15thday of
April , 1981.
BOARD OF
OF INDIES
By
j a
ATTEST:
Freda Wright, C;,31krk
Y COMMISSIONERS
R COUNTY
•;, _1 y 11- 1
151981
PMK 46- PACE 239
b
COMMISSIONER FLETCHER SUGGESTED THAT STREET ADDRESSES BE
INCLUDED IN THE LEGAL ADVERTISEMENTS IN ORDER TO HELP PEOPLE
BETTER IDENTIFY THE LOCATION.
DISCUSSION FOLLOWED, AND CHAIRMAN LYONS ADVISED THAT THE
PLANNING DEPARTMENT HAD BEEN SO INSTRUCTED TO ADVISE THE PUBLIC OF
THE LOCATION WITH A BRIEF STATEMENT,
WILLIAM KOOLAGE, INTERESTED CITIZEN, THOUGHT A MAP SHOULD
ACCOMPANY THE LEGAL AD AND THE STREET ADDRESS.
ADMINISTRATOR NELSON REMINDED THE BOARD THAT THE MAP WOULD
BE A SIGNIFICANT COST.
AFTER A BRIEF DISCUSSION, THE BOARD DECIDED A COMPROMISE
WOULD BE BEST - PUT THE LOCATION IN CAPITAL LETTERS AS WELL AS THE
CHANGES IN ZONING.
COMMISSIONER FLETCHER ASKED ABOUT THE STATUS OF THE INTERIM
TAX ROLL.
CHAIRMAN LYONS ADVISED HE HAD A DISCUSSION WITH THE TAX
ASSESSOR AND FELT THIS MATTER SHOULD BE LEFT ALONE FOR THE TIME
BEING. HE CONTINUED IT WOULD BE HIS RECOMMENDATION THAT NOTHING BE
DONE IN REGARD TO THE SCHOOL TAX, AS GREATER PROBLEMS COULD RESULT.
COMMISSIONER FLETCHER SUGGESTED THAT THE MEMBERS OF THE
BOARD INSTITUTE LEGAL ACTION AGAINST THE DEPARTMENT OF REVENUE
REGARDING THE MILLAGE ROLL -BACK.
COMMISSIONER BIRD INTERJECTED HE THOUGHT THAT OTHER COUNTIES
WERE BEING CHECKED REGARDING ANY JOINT ACTION BEING TAKEN IN THIS
MATTER,
4
COMMISSIONER WODTKE FELT THE INTERIM ROLL DOES HAVE
INEQUITIES AND IT IS NOT REALLY AN EQUITABLE WAY TO APPROACH FUNDING
FOR THE COMING YEAR. HE WAS HOPEFUL THAT WHEN WE GET TO 1981, THE
NEW PROPERTY APPRAISER CAN GET US INTO JUST AND EQUITABLE FIGURES.
4 OF
m
LENGTHY DISCUSSION ENSUED REGARDING THIS PROBLEM.
ATTORNEY COLLINS NOTED THAT IF THE BOARD, AS INDIVIDUALS,
WOULD FILE SUIT, THE EXPENDITURES THEY WOULD INCUR WOULD BE AS
INDIVIDUALS, AND NO FORMAL BOARD ACTION WOULD BE.NECESSARY.
CHAIRMAN LYONS STATED THAT HE DID NOT PLAN TO JOIN IN ANY
SUIT AS THERE IS ENOUGH EVIDENCE THE STATE IS NOT GOING TO ROLL
BACK, AND IF THEY WOULD ENTER INTO ANY FORMAL ACTION, THE TAX ROLL
COULD BE TIED UP FOR AN INDEFINITE PERIOD OF TIME. HE STRESSED THAT
THIS WOULD MEAN NO INCOME TO THE COUNTY; MONEY WOULD HAVE TO BE
BORROWED; AND IT WOULD COST THE TAXPAYERS MORE THAN WE WOULD HAVE
GAINED.
WILLIAM KOOLAGE EXPRESSED HIS CONCERN AND FELT OUR FOUR
LEGISLATORS IN TALLAHASSEE SHOULD BE TAKEN TO TASK; LET THEM KNOW
THE MONSTER THEY HAVE CREATED. HE FELT ALL THIS SHOULD BEtDONE
PUBLICLY - IT SHOULD BE PUBLISHED IN THE NEWSPAPERS.
COMMISSIONER WODTKE STATED THAT THERE WAS AN ARTICLE IN
THE NEWSPAPER EXPLAINING A FORMULA THAT COULD BE USED TO DETERMINE
TAXES. HE TOLD OF MANY CASES WHERE VARIOUS INDIVIDUALS USED THE
FORMULA AND MAILED WHAT THEY FELT THEIR ADDITIONAL TAXES WOULD BE
TO THE TAX COLLECTOR. COMMISSIONER WODTKE NOTED THAT IN ONE SUB-
DIVISION, ONE MAN S BILL WENT FROM $300 TO $2001 AND ANOTHER MANS
BILL WENT FROM $300 TO $700. HE DID NOT KNOW WHAT THE BOARD WAS
GOING TO DO ABOUT THIS PROBLEM; HIS ONLY THOUGHT WAS TO TRY TO GET
AN EQUITABLE FINAL ROLL THAT COULD BE USED, RATHER THAN THE ONE WE
ARE TRYING TO ADJUST BACK TO NOW.
ATTORNEY COLLINS COMMENTED THAT THE JUDGE HANDLING THIS
MATTER WILL PROBABLY BE ASKED, BY THE SUPPORT OF THE PROPERTY
APPRAISER AFTER THE PROPERTY APPRAISAL ADJUSTMENT BOARD HAS FINISHED,
TO ENTER AN ORDER ESTABLISHING THE FINAL ROLL,, AND WHETHER THE
FINAL ROLL WOULD BE AN INEQUITABLE ROLL WAS A COMPLETELY DIFFERENT
ISSUE. THE ATTORNEY FELT WHAT WAS HAPPENING IS THAT THIS BOARD
23
ROOK 46 ME 241
866K 4 =P��� X42
AND THE CITIZENS OF THE COUNTY ARE PAYING FOR FOUR YEARS OF MIS—
MANAGEMENT AND HOPEFULLY THE NEW PROPERTY APPRAISER WILL BE ABLE TO
STRAIGHTEN IT OUT AND PUT IT ON AN -EVEN KEEL,
COMMISSIONER WODTKE FELT THAT WAS AN APPROACH HE COULD
NOT REALLY CONCUR WITH, BUT WAS HOPING THE NEW PROPERTY APPRAISER
COULD MAKE THE ADJUSTMENTS. HE SUGGESTED THAT THE BOARD INSTRUCT
THE PROPERTY APPRAISER TO DO THE 1981 ROLL BY TAKING OUT ALL
CONSTRUCTIbN DURING 1981, BACK THAT ROLL UP TO AN EQUITABLE 1980
ROLL, THEN USE THE EQUITABLE ROLL TO BALANCE THE INEQUITABLE ROLL.
COMMISSIONER WODTKE STATED THAT RIGHT NOW WE ARE TRYING TO BALANCE
INEQUITY WITH INEQUITY. HE ADDED THAT THE CURRENT PROPERTY APPRAISER
HAS BEEN MOST COOPERATIVE AND HAS GIVEN HIM EVERY BIT OF REQUESTED
INFORMATION.
CHAIRMAN LYONS COMMENTED HE UNDERSTOOD HOW COMMISSIONER
WODTKE FELT, AND WAS JUST AS FRUSTRATED AS HE WAS.
INT -.RIM FINANCING FOR THE SOUTH COUNTY WATER PLANT AND SYSTEM
TO: Indian River County
Board of County Commissioners
k
FROM: Neil A. Nelson
County Administrator
1. Description and Conditions
DATE: April 7, 1981 FILE:
SUBJECT: Interim financing for the
South County water plant & system.
REFERENCES:
-On the $5,825,900 interim financing for the South County water
plant and system, Smith -Barney Company of Atlanta were unable
to complete this financing. Arch W. Roberts & Co., jointly with
The Leedy Corporation (both Florida companies), indicate that they
krq willing to handle these notes on an unrated basis. They have
t6 issue these -notes by May 5, 1981. Proceeds of these notes will
be invested immediately and then used when construction commences.
2. Alternative and Analysis
I do not believe that at this time there is any other viable alternative.
3. Recommendation and Fundin
Inasmuch as this is the funding program itself, the net cost (or
income) will be furnished in the attached proposal. We recommend
this proposal.
4: Distribution
Joe Collins
Jeff Barton
L.S. "Tommy" Thomas
5 Attachments
Proposal from the Arch W. Roberts & Co. &
The Leedy Corporation, Joint Underwriters.
STAN LEVINGOOD FROM ARCH W. ROBERTS & CO. CAME BEFORE THE
BOARD AND REVIEWED THE JOINT PROPOSAL OF ARCH W. ROBERTS & CO. AND
LEEDY CORPORATION, WHICH THE BOARD HAD BEFORE THEM. HE REFERRED TO
PAGE 2, SECTION C, AND SUGGESTED THE WORDING BE CHANGED TO READ:
"THE FEE OF BOND COUNSEL, THE ISSUER'S ATTORNEY AND ANY OTHER
ISSUER'S ATTORNEY'S FEES REQUIRED TO COMPLETE THE FINANCING." MR.
LEVINGOOD THEN REVIEWED THE PARAGRAPH CONCERNING THE PURSUIT OF
INTERIM FINANCING COMMITMENTS WITH FMHA,
DISCUSSION ENSUED ABOUT THE PROPOSED JOINT PROPOSAL.
MOTION WAS MADE BY COMMISSIONER SCURLOCK, SECONDED BY
COMMISSIONER BIRD, FOR THE BOARD TO APPROVE THE JOINT PROPOSAL OF
ARCH W. ROBERTS & CO. AND LEEDY CORPORATION, ALONG WITH THE CHANGES
DISCUSSED.
MOTION WAS MADE BY COMMISSIONER FLETCHER TO TABLE THE
MOTION UNTIL AFTER LUNCH. THE MOTION DIED FOR LACK OF A SECOND,
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON
AND CARRIED UNANIMOUSLY.
15 X981
,
25 Poop '46 PACE243 .
APR 151981 444
Honorable Chairman and Members,
Board of County Commissioners
Indian River County, Florida
2145 14th Street
Vero Beach, Florida 33960
Gentlemen:
April 21, 1981
This letter acknowledges that Indian River County (the "Issuer") has accepted
the proposal of Arch W. Roberts & Co. and Leedy Corporation (the
"Underwriters") with respect to marketing the Issuer's Bond Anticipation Notes
in the principal amount of approximately $5,825,000 as interim financing for
the Issuers South County Water System which will be permanently financed by a
loan and grant from the Farmers Home Administration (FmHA).
The Underwriters agree to:
A. Use their best efforts to present as quickly as possible to the
Issuer a negotiated Purchase Agreement to purchase not less than all
the Notes.
B. Not charge any fees for preparing and distributing the Official
Statement, preparation of any special financial studies or attendance
at all meetings held by the Issuer, Bond Counsel or Engineer, as
�. reasonably notified and required.
C. Pay the Underwriter's own expenses in the event the financing does
not take place.
The Issuer agrees to:
A. Supply current information and data concerning Indian River County
and the Project.
B. Encourage the cooperation of its Staff, Bond Counsel and Engineer
with the Underwriter in the preparation of the Note Resolution and
Offical Statement.
C. Pay the following fees and expenses associated with the contemplated
financing:
a) All architectural and engineering fees, if any.
b) The. fees of other consultants which the Issuer deems desirable
or necessary.
Arch W. Roberts & Co.
Investment Banking and Municipal Finance / P.O. Box 12529 / St. Petersburg, Florida 33733 / (813) 821-1189
M M
To: Indian River County Commission April 21,1961
Subject: Proposal Page 2
c) The fee of Bond C6unsel, the Issuer's Attorney and any other
Issuer's attorney's fees required to complete the financing.
d) The expenses associated with publishing any legally required
notices.
e) The expenses of printing the Notes.
D The Issuer's expenses of signing and delivering the Notes in New
York or other mutually agreed upon place, including the charges
of the Signature Company.
The Underwriters shall have the exclusive right at their sole discretion to
underwrite the contemplated financing. This right will extend until the
financing is completed, although it is understood that, barring unforeseen
circumstances, the Underwriters expect to present a negotiated purchase
proposal to the Issuer within three (3) weeks of the date of acceptance of this
letter by the Issuer. The Issuer will have the right to terminate this
Agreement without obligation if, after presentation of the negotiated purchase
proposal, the Issuer declines to accept the proposal.
The negotiated purchase proposal would be subject to a) prevailing market
conditions at the time of the proposal, b) terms and conditions established in
the proposal and c) an unqualified approval of legality and tax exempt status
of Bond Counsel.
It is expressly understood that the Issuer is free to pursue interim financing
committments with FbM, however, the Issuer agrees to not make a final
comnittment to utilize FbM interim financing until after the presentation of a
negotiated purchase proposal by the Underwriters. In the event the Issuer does
not accept the Underwriters negotiated purchase proposal, the Underwriters
agree to assist the Issuer in securing final cwmnittments from FmM to provide
interim financing, including providing the letters from investment bankers
which FmM requires.
If the foregoing correctly sets forth your understanding, please sign and
return the enclosed copy of this letter.
M ..
ATTEST: `--�
1
AP AS M FORM AMID CORP)WMESS.-
IJ V1
ATTEST:
Boos 46 FAcE 45 . -
APR 151991 BOOKS 46, �4W,
THE BOARD OF COUNTY COMMISSIONERS THEREUPON RECESSED AT
12:00 NOON FOR LUNCH AND RECONVENED AT 1:45 O'CLOCK P.M. WITH ALL
MEMBERS PRESENT. DEPUTY CLERK VIRGINIA HARGREAVES TOOK OVER FROM
DEPUTY CLERK JANICE CALDWELL FOR THE REMAINDER OF THE MEETING.
PUBLIC HEARING — REZONING PROPERTY IN FLORAVON SHORES SUBDIVISION
REQUESTED BY DONALD DORAN
THE HOUR OF 1:30 O'CLOCK P.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. Schumonn, Jr, who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a weekly new paper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a X21
in the matter of 1f�,4 1.'r!I Z".
the Court, was pub-
lishcd in said newspaper in the issues of
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Voio Beach, in said Indian River County, and that the said newspaper has heretofore
boen 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 anv discount, rebate, commission or refund for the purpose of securing this adver-
tisement for publication in the said newspaper.
Sworn to and subscribed
(SEAL)
av of /� m A.D. I �/
Business Manager)
1A
(Clerk of the Circuit Court,�dian River County, Florida)
NOTICE =
NOTICE IS HEREBY GIVEN that the..
Planning and Zoning Commission of .Indian.
River County, Florida, did review the
feasibility of making the following changes
and additions to the Zoning Ordinance of Iw
than River County, Florida, which changes
and additions are substantially as fellows:
1. That the Zoning Map be changed in order
that the following described property situated
in Indian River County, to -wit:
A parcel of land 600 feet deep as measured
perpendicular to and tying Easterly of U.S. No:
1 in Government Lots 3 and 4, Section 8,
Township 31 South, Range 39 East, bounded on
the North by the South line of Floravon Shores
Subdivision as recorded in Plat Book 4, page 78
of the Public Records of Indian River County,
Florida, and bounded on the South by the North
right-of-way line of State Road Department
Lateral Ditch No. S (Section No. 8801- (110)
207). All the above situate In Indian River
County, Florida, and containing 8.27 acres,
more or less,
Be changed from C -IA Commercial District
to R-3 Multiple Family District.
A public hearingiin 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, April 15, at 1:30 P.M.
If any person decides to appeal any decision
made on the above matter, he will need a; -
record of tho proceedings, and for such pur-
poses he may need to insure that a verbatim
record of the. proceedings Is made, which In-
cludes testimony and evidence upon which the
appeal is based. .
Board of County Commissioners
Indian River County
By: Patrick B. Lyons, Chairman
Indian River County Planning
and Zoning Commission
By: Carolyn Eggert, Chairman
Mar. 8, 10, 1981.
NOTICE OF THE PUBLIC HEARING WAS SENT TO DONALD AND LOUISE
DORAN BY FREDA WRIGHT, CLERK OF CIRCUIT COURT, AS REQUIRED BY
FLORIDA STATUTE 125.66.
28
0
PLANNING DIRECTOR REVER REVIEWED THE PLANNING DEPARTMENT'S
RECOMMENDATION AS FOLLOWS:
ZONING CHANGE - STAFF REPORT
Donald D. and Louise S. Doran 12-8-80
(Owner) Date of Applicatio
Steve Henderson IRC-80-ZC-28 File 1#448
Agent Application ;umber)
P. 0. Box 3406
Address
Vero Beach, Fla. 32960
Rezoning from 'C-lA to R-3
(District District
Preliminary Final Hearing
PROPOSED USE AND LOCATION: The request for a public hearing concerns the rezoning
of approximately 8.1 acres of property located on the east side of U.S.r`l, south
of 110th Street, directly adjacent to the southern boundary of Floravon Shores
Subdivision. Applicant requests rezoning from C -1A Restricted Commercial to R-3
Multiplg Family.
EXISTING SITUATION: The site presently contains 9 occupied mobile home units
grouped in the northwest section of the subject property along U.S..=1. The
remainder of the property is vacant with marl drives. There is a dilapidated
dock on the Indian River which is a part of an adjacent R-3 parcel.
RECOMMENDATION: It is recognized that there is an excessive amount of commercial
districts in this area, thus staff does not object to down zoning the subject
property. However, in keeping with existing zoning configuration and the proposed
Comprehensive Plan, staff recommends a rezoning to R2 :D, Residential (6);(units/acre)
instead of the requested R-3, Residentill (15 units/acre).
David M. ever
Planning and Zoning Director
MR. REVER COMMENTED THAT WHILE THE PLANNING STAFF WOULD
LIKE THIS DEVELOPED AT R -2D (6 UNITS PER ACRE) WHICH WOULD BE MORE
IN KEEPING WITH THE COMPREHENSIVE PLAN, THE PLANNING COMMISSION
RECOMMENDED IT BE APPROVED AT R -2B (8 UNITS PER ACRE).
PLANNING DIRECTOR REVER THEN REFERRED TO THE FOLLOWING MAP
AND EXPLAINED THAT IT IS ONLY THE PORTION PRESENTLY ZONED C -IA THAT
IS IN QUESTION; THE EXISTING R-3 ON THE RIVER WOULD REMAIN AS IT IS.
SPR 1 5 1981
C
BooK 46 PACE 24 7
A- PR 15 9
Donald Doran
ZC.-80-28•
BQ 46ME
sPolc
is
2 —1 tJ 0
FLORAVON SHORES
SUDDIVISION
00
Subject Pte'
•\ Property
J
COMMISSIONER FLETCHER ASKED THAT A PETITION SIGNED BY THE
PROPERTY OWNERS OF FLORAVON SHORES REQUESTING THE BOARD TO CONSIDER
A ZONING OF 6 UNITS PER ACRE BE MADE A PART OF THE MINUTES.
30
LkwLl o/ county Covmu, Ai on¢&e o f lmi m IZwaa L:0=4
At &p ),& Aea4 ingi on mj4uam 2d A "a� At LW ISC & 1"A[ D LXIRf�N ��stt f,
(cit &dt o 1G S. to and SoidA o kol ,Y S l�fS zo - I run e frsrulr�,
Liotti! r. to a 'e a 1wt czr�re. At. the .time, t,+e ,:lirl not
fid Gst Jia i° o� the n�otr�.
Ad d: WAAim lz'09-"•'•' Lw- cam to nea&zp- that we i'wta .talking o f ordy the VrAP Aa 1.
1ntWinqto &044.¢Ct o" o44Aj,'g.i.t we. UWAC t0.1d A& rliAeu tion wad cfbj rd- t•'e now
,er�sl` Wish that t,pu cow a zotiirig of 6 w& to {. A ame on .tlii a ha PI. That
blow d =06 an auvaage 01 lopfuz unite f -WA aa4z JD4 the .16W famch4V9.
7
�•,: Tf
PR 1981
r• II
D
P ,'t r A A
7/�-
f
ATTORNEY COLLINS POINTED OUT THAT THE ADVERTISEMENT CALLED
FOR R-3 ZONING, AND HE WOULD BE VERY HESITANT,.IN ADVISING THE BOARD
TO REZONE TO SOME OTHER CLASSIFICATION WITHOUT WAIVER OR CONSENT OF
THE PROPERTY OWNER FOR A LESSER DENSITY.
THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD.
31 �oU-46 acE.249
APR 15 1981
066
ATTORNEY STEVE HENDERSON CAME BEFORE THE BOARD REPRESENTING
THE APPLICANT, MR. & MRS. DORAN. HE EXPLAINED THAT THE PORTION OF
THE PROPERTY TO BE REZONED IS COMPOSED OF 8.1 ACRES AND THE REMAINDER
COMPRISES ABOUT 9 ACRES. THE DORANS HAVE DISCOVERED THAT THEY HAVE
ABOUT FIVE ACRES LESS THAN THEY ORIGINALLY THOUGHT THEY HAD IN THE
R-3 AREA AND ARE DOWN TO A MAXIMUM BUILD -OUT OF ABOUT 186 UNITS,
WHICH IS SUBSTANTIALLY LOWER THAN ANTICIPATED. WHILE THEY ORIGINALLY
APPLIED FOR R-3 TO MAKE THE PROPERTY CONSISTENT, THEY ARE WILLING TO
GO TO THE 8 UNITS UNDER R -2B. ATTORNEY HENDERSON NOTED THAT THIS
PROPERTY COULD BE DEVELOPED AS COMMERCIAL UNDER THE PRESENT ZONING,
BUT THE DORANS DO NOT WANT TO GO INTO COMMERCIAL DEVELOPMENT. HE
BELIEVED THE DENSITY WOULD AVERAGE OUT TO ABOUT 10.5 PER ACRE BETWEEN
THE TWO PARCELS. IN REGARD TO SEWER AND WATER, ATTORNEY HENDERSON
STATED THAT --THEIR PLANS ARE IN THE HANDS OF BEINDORF & ASSOCIATES,
AND THEY INTEND TO LOCATE SEWER AND WATER FACILITIES ON THE SOUTH-
WEST CORNER ACRE OF THE PROPERTY. THEY HAVE ATTEMPTED TO NEGOTIATE
WITH GENERAL DEVELOPMENT AS TO THE POSSIBILITY OF TAPPING INTO THEIR
FACILITIES.
ENGINEER JAMES BEINDORF REPORTED THAT ALTHOUGH THEY HAVE
NOT YET GOTTEN INTO THE ACTUAL ENGINEERING, THEY DID SOME INVESTIGA-
TION O.THE SHALLOW AQUIFER TO THE SOUTH OF THIS PROPERTY 4 OR 5
YEARS AGO, AT WHICH TIME IT WAS INDICATED THAT THE SHALLOW WATER
AQUIFER WOULD BE TREATABLE WITH LIME SOFTENER. HE DID NOT ANTICIPATE
ANY PROBLEM WITH THE SEWER.
COMMISSIONER FLETCHER BROUGHT UP THE FACT THAT THIS IS IN
A FLOOD PLAIN AREA. HE WISHED TO KNOW IF THE LAKE ON THE PROPERTY
�
WILL FLOW TO THE RIVER AND HOW THEY PLAN TO DEVELOP THE PROPERTY,
MR. DORAN REPLIED THAT THEY WILL CREATE THE PROPER ELEVATION
TO COMPLY WITH THE FLOOD PLAIN; THE L'AKE WILL NOT FLOW TO THE RIVER
BUT WILL BE PARTIALLY FILLED IN AND WILL SERVE FOR ON-SITE DRAINAGE;
AND THE BUILDINGS WILL BE THREE STORY SPANISH ARCHITECTURE WITH
EXTENSIVE LANDSCAPING.
COMMISSIONER BIRD ASKED, FOR THE RECORD, IF MR. DORAN
WAS AGREEABLE IN THE EVENT THE BOARD SHOULD CHOOSE TO CHANGE THE
ZONE TO R -2B INSTEAD OF R-3, AND MR, DORAN STATED THAT HE WAS
AGREEABLE TO R -2B.
FRED OETZEL CAME BEFORE THE BOARD TO SPEAK FOR THE RESIDENTS
OF FLORAVON SHORES. HE CONFIRMED THAT WHEN THEY PREVIOUSLY AGREED
THAT THEY COULD LIVE WITH A DENSITY OF EIGHT UNITS PER ACRE, THEY DID
NOT REALIZE THAT ONLY THE WESTERN AREA OF THE PROPERTY NEAR U.S. #I
WAS BEING CONSIDERED. MR. OETZEL EXPRESSED THEIR CONCERN ABOUT BEING
CONFRONTED WITH ALL THE ATTENDANT POLLUTION AND NOISE ASSOCIATED WITH
THE HIGHER DENSITY, WHICH THEY FEEL IS COMPLETELY OUT OF KEEPING WITH
THE AREA. HE EMPHASIZED THEIR FEAR OF SALT WATER INTRUSION WITH THE
SHALLOW AQUIFER AND ALSO THEIR DESIRE FOR SOME TYPE OF MASONRY
BARRIER SO THEIR QUALITY OF LIFE WOULD NOT BE RUINED.
DISCUSSION FOLLOWED ON TRACT A WHICH IS ADJACENT TO THE
SUBJECT PROPERTY, AND IT WAS NOTED THAT TRACT A IS MAINLY OWNED BY
THE SEMBLERS WHO ARE NOT PRESENT. MRS. BARNES, WHO LIVES ON A PORTION
OF TRACT A, SUPPORTED THE COMMENTS MADE BY MR. OETZEL.
A. C. ADAMS, GLEN HALL, AND DANA MYER, RESIDENTS OF FLORAVON
SHORES, ALL SUPPORTED MR. OETZEL'S STATEMENTS,URGING THAT THE WHOLE
TRACT BE ZONED AT 6 UNITS PER ACRE AND A BARRIER PROVIDED.
RUTH STANBRIDGE EXPRESSED CONCERN ABOUT THE LAKE BEING
USED FOR ON-SITE RETENTION IN THIS FLOOD -PRONE AREA AND WISHED TO
KNOW IF THE PERCOLATION FROM THE LAKE WOULD AFFECT THE SHALLOW AQUIFER
ADVERSELY.
ENGINEER BEINDORF QUESTIONED THAT THERE WOULD BE MUCH
PROBLEM FROM STORM WATER RUN-OFF, BUT COULD NOT ANSWER WITHOUT
TESTING.
DISCUSSION CONTINUED RE THE POSSIBL�,NUMBER OF UNITS AND
THE WATER THAT WOULD BE NEEDED. ATTORNEY HENDERSON NOTED THAT THE
WATER QUESTIONS CONCERN THEM AS MUCH AS ANYONE ELSE, AND THE
PERMITTING PROCESS IS DESIGNED TO ANSWER ALL THE QUESTIONS.
33 �,^� 251,
981
APR 151981 Boos ` �2
DISCUSSION FOLLOWED ON THE FRANCHISE SET UP AND PROTECTION
OF PROPERTY OWNERS. ATTORNEY HENDERSON POINTED OUT THAT THEY JUST
FOLLOW THE PROCEDURES SET OUT BY.THE COUNTY AND REGRET THAT THEY
CANNOT TIE INTO A CENTRAL SYSTEM.
COMMISSIONER FLETCHER INQUIRED IF MR. HENDERSON'S CLIENT
WOULD HAVE A PROBLEM WITH THE ENTIRE PIECE OF PROPERTY BEING
DESIGNATED AT S UNITS PER ACRE, AND MR. HENDERSON BELIEVED HE WOULD.
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
SCURLOCK, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING.
COMMISSIONER SCURLOCK HAD SERIOUS RESERVATIONS ABOUT THE
PROPOSED DENSITY IN SUCH CLOSE PROXIMITY TO THE RIVER BECAUSE OF THE
WATER PROBLEM AND STATED THAT HE WOULD LIKE TO SEE THE ENTIRE PARCEL
REZONED TO R -2B, OR S UNITS PER ACRE OVER THE WHOLE TRACT.,
IN DISCUSSION, IT WAS POINTED OUT THAT ONLY THE C-lA PIECE
OF THE PROPERTY WAS ADVERTISED, AND TECHNICALLY THE BOARD CAN ACT
ONLY ON CHANGING THAT PORTION TO R-3 UNLESS THERE IS A STIPULATION
FROM THE OWNERS ALLOWING US TO ADDRESS A LOWER DENSITY.
ATTORNEY HENDERSON CONFIRMED THAT HIS CLIENT DID AMEND
THEIR REQUEST TO R-2B;ALTHOUGH,APPARENTLY IT WAS NOT ADVERTISED
THAT WAY,
11 COMMISSIONER WODTKE POINTED OUT THAT THE SITE PLAN WILL
HAVE TO BE ADHERED TO AND THEY DON T NEED THE COMMERCIAL ZONING. HE
HAD NO PROBLEM WITH S UNITS PER ACRE.
COMMISSIONER BIRD ASKED IF WE ARE GOING TO BE ABLE TO
AVERAGE THE DENSITY BETWEEN THE TWO PIECES WHEN THEY COME IN TO
DEVELOP THE ENTIRE PROPERTY. HE POINTED OUT IT WOULD BE DIFFICULT
TO BUILD TO MAXIMUM DENSITY BECAUSE OF THE LAKE, SETBACKS, PARKING,
ETC., AND BELIEVED R -2B AVERAGED WITH R-3 WOULD GIVE YOU A LITTLE
OVER 10 UNITS PER ACRE; EVEN WITH R-lA, IT WOULD PROBABLY AVERAGE
AROUND 9.
PLANNING DIRECTOR REVER STATED THAT IF TWO SUCH PORTIONS OF
PROPERTY ARE BOTH RESIDENTIAL AND ONE OWNER IS DEVELOPING THE ENTIRE
TRACT, IT HAS BEEN THEIR PRACTICE TO AVERAGE BETWEEN THE TWO PORTIONS
IN ORDER TO ACHIEVE A BETER OVERALL BALANCED DEVELOPMENT.
COMMISSIONER WODTKE AGREED THAT WHEN YOU CONSIDER THE
PARKING REQUIREMENTS, LANDSCAPING, AREA FOR SEWER AND WATER, SETBACKS,
ETC., IT IS VERY UNLIKELY YOU CAN GET TO THE MAXIMUM, AND PLANNING
DIRECTOR REVER AGREED THAT MOST DEVELOPMENTS COME IN SUBSTANTIALLY
BELOW MAXIMUM.
COMMISSIONER SCURLOCK EMPHASIZED THAT HE WOULD STILL PREFER
TO HAVE R -2B ZONING FOR THE ENTIRE TRACT EVEN THOUGH IT COULD NOT BE
ACCOMPLISHED TODAY,
COMMISSIONER FLETCHER WAS OF THE OPINION THAT THE ZONING
ON EACH SEPARATE PORTION COULD REACH ITS MAXIMUM. HE FELT THE
NATURAL RESOURCES AND FLOOD PLAIN DO NOT LEND THEMSELVES TO MULTI-
FAMILY DEVELOPMENT AND WOULD PREFER TO SEE THE REZONING REQUEST
DENIED AND HAVE THE COMMISSION INSTITUTE ACTION TO REZONE THE R-3
PORTION TO R -2B OR R -2D.
DISCUSSION CONTINUED ON THE MERITS OF AVERAGING DENSITY.
ATTORNEY COLLINS STATED THAT HIS OPINION WAS THAT THE
PROPERTIES AND DENSITIES THAT ARE ALLOWED WOULD EACH RIDE ON THEIR
OWN RATHER THAN BE AVERAGED TOGETHER BECAUSE WE HAVE AN ORDINANCE
WHICH SAYS WHAT DENSITY YOU WILL NOT EXCEED. HE BELIEVED WHAT MR.
REVER SAID MAKES A LOT OF SENSE, AND PERHAPS WE SHOULD HAVE SOME
PROVISION THAT ALLOWS AVERAGING AS DISCUSSED, BUT WE DO NOT AT
PRESENT.
CHAIRMAN LYONS NOTED THAT AT THIS POINT THE BOARD CAN EITHER
APPROVE OR DENY THE REQUEST TO GO TO R -2B BUT AT THIS JUNCTURE IS
NOT IN A POSITION TO DO ANYTHING ABOUT REZONING THE R-3 PORTION.
MOTION WAS MADE BY COMMISSIONER WODTKE TO CONCUR WITH THE
RECOMMENDATION OF THE PLANNING BOARD, AND WITH THE CONCURRENCE OF
THE APPLICANT, CHANGE THE ZONING ON THE SUBJECT PROPERTY FROM C-lA
To R=2B .
THE MOTION DIED FOR LACK OF A SECOND.
MOTION WAS MADE BY COMMISSIONER FLETCHER, SECONDED BY
COMMISSIONER SCURLOCK, TO DENY THE REQUEST FOR REZONING AND TO HAVE
APR 15 1981
35
BOOK 46 N1GE 253
APR 151981
7777,777
BOOK' PA .
THE COUNTY COMMISSION INITIATE ACTION TO REZONE THE APPLICANT'S
ENTIRE PIECE OF PROPERTY TO R -2B.
ATTORNEY COLLINS, FELT THAT SHOULD BE TWO SEPARATE MOTIONS.
COMMISSIONER FLETCHER WITHDREW HIS MOTION AND COMMISSIONER SCURLOCK
WITHDREW HIS SECOND,.
MOTION WAS MADE BY COMMISSIONER FLETCHER, SECONDED BY COMMIS-
SIONER SCURLOCK, THAT THE REQUEST FOR REZONING BE DENIED.
COMMISSIONER BIRD STATED THAT HE PROBABLY WOULD VOTE IN
FAVOR OF DENIAL, BUT WOULD ENCOURAGE THE DEVELOPER TO COME BACK FOR
A CONTIGUOUS REZONING.
ATTORNEY HENDERSON ASKED FOR A MOMENT TO CONSULT WITH HIS
CLIENT, AND THEN INFORMED THE BOARD THAT THEY WOULD AMEND THEIR
PETITION TO ASK FOR R-21) BECAUSE IF THEY ARE FORCED TO GO BACK TO
ANOTHER REZONING, IT WILL SERIOUSLY DELAY DEVELOPMENT AND CAUSE
FINANCIAL PROBLEMS. ATTORNEY HENDERSON NOTED THE PLANNING BOARD HAS
BEEN AVERAGING DENSITIES IN THE PAST, AND HE BELIEVED SOME SORT OF
AVERAGING CONCEPT SHOULD BE ADOPTED.
PLANNING DIRECTOR REVER STATED THE DENSITY WOULD COME OUT
TO ABOUT 10.5 IF YOU COULD AVERAGE IT OUT OVER THE ENTIRE PARCEL.
THE CHAIRMAN CALLED FOR THE QUESTION ON THE MOTION TO DENY
THE REZONING REQUEST. IT WAS VOTED ON AND CARRIED 4 TO 1 WITH
COMMISSIONER WODTKE VOTING IN OPPOSITION.
MOTION WAS MADE BY COMMISSIONER FLETCHER, SECONDED BY
COMMISSIONER SCURLOCK, FOR THE COUNTY COMMISSION TO INITIATE ACTION
TO REQUEST REZONING OF THE APPLICANT S ENTIRE PIECE OF PROPERTY
To R-213. -
QUESTION AROSE AS TO WHETHER THIS WOULD BE AT COUNTY
EXPENSE, AND ATTORNEY COLLINS STATED THAT ANY REZONING INITIATED BY
THE COUNTY IS. AT COUNTY EXPENSE.
CHAIRMAN LYONS ASKED WHY WE ARE PECKING AWAY AT ONE R-3
TRACT - WHAT ABOUT THE R-3 WHICH GOES SOUTH ALL THE WAY TO THE NORTH
RELIEF CANAL.
36
COMMISSIONER BIRD AGREED WE NEED TO LOOK AT THE OVERALL
PICTURE, BUT DID NOT FEEL WE SHOULD INCONVENIENCE THIS DEVELOPER
ANY MORE. DISCUSSION FOLLOWED REGARDING THE PROPOSED COMPREHENSIVE
PLAN WHICH HOPEFULLY WILL TAKE CARE OF THIS SITUATION.
COMMISSIONER FLETCHER STATED THAT HE WOULD NOT WANT THIS
PARTICULAR REZONING TO SET A PRECEDENT BECAUSE HE PERSONALLY VIEWED
THE LAND ALONG THE RIVER AS ENVIRONMENTALLY SENSITIVE AND WOULD LIKE
TO SEE ITS USE LIMITED TO ONE UNIT PER 3 ACRES,
COMMISSIONER BIRD INQUIRED IF THIS IS GOING TO NECESSITATE
GOING BACK BEFORE THE PLANNING & ZONING COMMISSION OR WHETHER WE CAN
BRING IT DIRECTLY BACK TO THE COUNTY COMMISSION.
ATTORNEY COLLINS RECOMMENDED THE BOARD DISPENSE WITH THE
REQUIREMENT OF THE ZONING COMMISSION SINCE THEY ALREADY HAVE MADE
A RECOMMENDATION ON THIS MATTER.
COMMISSIONER FLETCHER STATED THAT HE HAD NO PROBLEM WITH
THAT AND WOULD ADD IT TO THE MOTION. COMMISSIONER SCURLOCK CONCURRED.
THE CHAIRMAN CALLED FOR THE QUESTION ON THE MOTION FOR THE
COUNTY COMMISSION TO INITIATE ACTION TO REQUEST A REZONING OF THE
APPLICANT S ENTIRE PIECE OF PROPERTY TO R-213, SAID REZONING TO
COME DIRECTLY BACK TO THE COUNTY COMMISSION. IT WAS VOTED ON AND
CARRIED UNANIMOUSLY.
ATTORNEY HENDERSON POINTED OUT THAT HIS CLIENT FORMALLY
AMENDED HIS PETITION TO R-21) BEFORE A VOTE WAS TAKEN, AND IF THAT
WAS NOT VOTED DOWN, HE WOULD LIKE IT TO BE ACTED UPON. HE NOTED
THAT THE MOTION WAS TO DENY THE ZONING TO R -2B.
ATTORNEY COLLINS FELT THAT THE RECORD SHOWS THE OFFER TO
CHANGE TO R -2D AND THAT THE DENIAL TO REZONE WAS A TOtAL DENIAL.
ORDINANCE 81-14 - REZONING PROPERTY IN J. A. HUDSON SUBDIVISION,
REQUESTED BY'ELDON J. PERRY
THE HOUR OF 1:30 O'CLOCK P.M. HAVING PASSED, THE DEPUTY
CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED,
TO -WIT:
APR151981
37 BOOK PAg 2-5 , _:
ME
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 Leach Press -Journal, a weekly newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
r
AZI
a
in the matter of Zf–w D_ -x e
. t Q
In the — Court, was pub-
lished in said newspaper in the issues of
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, 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 beforeAe tho � spy of
(SEAL)
V
f W iness Manager)
(Clerk of the Circuit Court, 14d(an River County, Florida)
NOTICE ,
NOTICE IS 'HEREBY GIVEN that the -
Planning and Zoning Commission of Indian,
River County, Florida, did review the
feasibility bf making the following changes
and additions to the Zoning Ordinance of In-
dian 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 located
east of Old Dixie Highway In the J.A. Hudson
-Subdivision, in Indian River County, Florida,
to -wit:
The east 0.547 acres more or lost of the
following described parcel: Begin' aY the
Northwest corner of the North 200' of the South"
551.04' of Lot S lying East of Old Dixie In J.A.
Hudson Subdivision; St. Lucie County Records,
PB 1, pp. 183. From Point of Beginning run
east 35011 thence run South 120'1 Thence run
.West 292.81' to the Old Dixie fast right-of-way j.
Thence Northwest 132.931 on the East right -e1 -
way of Old Dixie to the Point of Beginning as ;
recorded In the Official Record Book 82, Page
-49, Public Records of Indian River County,
Florida.
Be changed from C-1 Commercial District to
R•2 Multiple Family District..
A public hearing in relation thereto it which
parties In interest and citizens shall have an
opportunity to be heard, will be held qy the
Board of County Commissioners of Indian
River.County, Florida, In the Council Chamber
of the City Hall, Vero Beach, Florida; on
Wednesday, April 15, 1981, at 1:30 P.M., . gy
If any person decides tb appeal any decision
made on the above matter, he will need a
record of the proceedings, and for-sWh fuh'
poses, he may need to Insure that a verbatim
record of the proceedings Is made, which in
etudes testimony and evidence upon which the
appeal Is based.
Indian River County
Board of County Commissioners
By: Patrick B. Lyons, Chairman
indian River County Planning
and Zoning Commission
By: Carolyn Eggert, Chairman
Mar. 8, 10, 1981.
NOTICE OF THE PUBLIC HEARING WAS SENT TO ELDON J. PERRY
BY FREDA WRIGHT, CLERK OF CIRCUIT COURT, AS REQUIRED BY FLORIDA
STATUTE 125.66.
PLANNING DIRECTOR REVER REVIEWED HIS STAFF REPORT AS FOLLOWS:
ZONING CHANGE - STAFF REPORT
Eldon J. Perry
Owner
t. 5 Lot 6 Land Circle
c/o P. 0. Box 133
Agent
Sebastian, Fla. 32958
Address
1-5-81
Date o` Application
IRC-8I-ZC-1 File n448
Application Dumber
Rezoning from R-2 & C to R-2
(District District
Preliminary Final Hearing
PROPOSED USE AND LOCATION: Applicant requests the rezoning of the 24,000 square
foot, eastern section of Lot 4 of the J.A. Hudson Subdivision, located on the
east side of Old Dixie Highway. Applicant proposes to construct a duplex on the
subject property.
EXISTING SITUATION: The property directly adjacent to the western R-2 .residential
section of the subject property is zoned R-2 Residential. Tile eastern 24,000 square
feet of subject property is a part of a larger C-1 Commercial District which extends
west to U.S.#1. The area on the west side of Old Dixie Highway opposite the subject -
property is zoned R-1PM and contains 'scattered residential development. Subject
property is presently vacant.
RECO11MENDATION: The application is in order, and staff recommends granting of
public hearing without prejudice.
10
David M. ever
Planning and Zoning Director
MR. REVER INFORMED THE BOARD THAT THE PLANNING & ZONING
COMMISSION ALSO RECOMMENDED THAT THIS BE APPROVED.
DISCUSSION FOLLOWED REGARDING THE GRAPHIC DEPICTING THIS
PARCEL OF PROPERTY, AND IT WAS NOTED THAT IT ACTUALLY IS ONLY A
SMALL PORTION OF LOT 5, A VERY LARGE LOT IN AN OLD SUBDIVISION.
ELDON PERRY, OWNER OF THE PROPERTY,°STATED THAT ALL THAT
WILL BE PUT ON THIS -9/10 OF AN ACRE WILL BE A DUPLEX, AND THE
NEIGHBORS HAVE NO OBJECTION.
SOME QUESTION CONTINUED ABOUT THE LEGAL DESCRIPTION, AND
MR. REVER STATED THAT THEY HAVE A TITLE INSURANCE POLICY ON THE
PROPERTY.
_ PR 1: 1981
39 OK, 46 PACE 257
BOOK
APR 151991
THE CHAIRMAN ASKED IF ANY ONE PRESENT WISHED TO BE HEARD.
THERE WERE NONE.
ON MOTION BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER
SCURLOCK, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING.
ON MOTION,BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER
FLETCHER, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE 8I-14 GRANTING THE
REZONING FROM C-1 TO R-2, AS REQUESTED BY ELDON PERRY.
r
ORDINANCE NO. 81-14
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:
The east 0.547 acres more or less of the following
described parcel: Begin at the Northwest corner of the
North 200' of the South 551.04' of Lot 5 lying East of
Old Dixie in J. A. Hudson Subdivision, St. Lucie County
Records, PB 1, pp. 183. From Point of Beginning run east
350'; thence run South 120'; Thence run West 292.81'
to the Old Dixie East right-of-way; Thence Northwest 132.93'
on East Right -of -Way of Old Dixie to the Point of Beginning
as recorded in the Official Record Book 82, Page 49,
Public Records of Indian River County, Florida.
Be changed from C-1. Commercial District to I1-2 Multiplc:
Family District.
All with the meaning and intent and as set forth and
described in said Zoning Regulations.
This Ordinance shall take effect April 20, 1981.
ORDINANCE 81-15 — REZONING TO M-1 FOR USE BY HUMANE SOCIETY
THE HOUR OF 1:30 O'CLOCK P.M. HAVING PASSED, THE DEPUTY
CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED,
TO—WIT:
VERO REACH PRESS -JOURNAL
Published Weekly
Vero Reach, 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 PwssJuumal, a weekly newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of a,lvertisement, being
/71
a!<
0
in the matter of � � - / •+ . !93 j v of SIF
in the Court, was pub-
lished in said newspaper in the issues of ` i? , 4e2 • 42'&'
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 newspaver has heretofore
been continuously published in said Indian River County, Florida, weekly and has been entered
as second class mail matter at the post oftice 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-
"terrent; 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 befor )me t� is i1ay of A.D.--1-f—=f--
(SEAL)
ji
(Clerk of the Circuit Court, I
�Pusir.ess Manager)
River County, Florida)
NOTICE
NOTICE IS HEREBY GIVEN that the
Planning and Zoning Commission of Indian
River County, Florida, did review the
feasibility of making the following changes
and additions to the Zoning Ordinance of In.
dian River County, Florida, which changes
and additions are substantleily as follows:
I. That the Zoning Map be changed in order
that the following described property located
west of 43rd Avenue on South Gifford Road In
Indian River County, Florida, to -wit:
The North S acres of the East 10 acres of
Tract 10, Section 29, Township 32 South, Range
39 East, less Canal R•W, said property lying
and being in Indian Rivfer county, Florida.
Be changed from LM -1 Light Manufacturing
District to M-1 industrial 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, April IS,1981, at 1:30 P.M.
If any person decides to appeal any decision
made on the above matter, he will need a
record of the proceedings, and for such pur-
poses, he may need to insure that a verbatim
record of the Proceedings is made, which in-
cludes testimony and evidence upon which the
appeal is based. -
Indian River County
Board of County Commissioners
By: Patrick B. Lyons, Chairman
Indian River County Planning
and Zoning Commission
By: Carolyn Eggert, Chairman
Mar. a. 10, 1981.
NOTICE OF THE PUBLIC HEARING WAS SENT TO THF, BOARD OF
COUNTY COMMISSIONERS WITH COPY TO THE HUMANE SOCIETY BY FREDA WRIGHT,
CLERK OF CIRCUIT COURT, AS REQUIRED BY FLORIDA STATUTE 125.66.
PLANNING DIRECTOR RFVER EXPLAINED THAT THE PROPERTY INVOLVED
CONSISTS OF APPROXIMATELY 5 ACRES OF COUNTY—OWNED LAND WHICH THE
HUMANE SOCIETY HAS REQUESTED BE -REZONED FOR THEIR USE.
APR 5 1918,
41
wK 46, PnF 259
BARBARA NOLTE, PRESIDENT OF THE HUMANE SOCIETY, CAME
BEFORE THE BOARD URGING APPROVAL OF THE REQUESTED REZONING.
THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD.
THERE WERE NONE.
ON MOTION.BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
SCURLOCK, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING.
ON MOTION BY COMMISSIONER FLETCHER, SECONDED BY COMMIS-
SIONER SCU�LOCK, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE 81-15
APPROVING THE REZONING TO M-1 TO ENABLE THE HUMANE SOCIETY TO USE
THIS PROPERTY FOR AN ANIMAL SHELTER.
ORDINANCE NO. 81-15
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:
The North 5 acres of the East 10 acres of Tract 10,
Section 28, Township 32 South, Range 39 East, less
Canal R/W, said property lying and being in Indian
River County, Florida
Be changed from LM -1 Light Manufacturing District to
M-1 Industrial District.
All with the meaning and intent and as set forth
and descri-bed in said Zoning'Regulations.
This Ordinance shall take effect April 20, 1981.
W
4L
'M
ORDINANCE 81-16 — REZONING OCEANFRONT PROPERTY NORTH
OF SUMMERPLACE TO R -2D
THE HOUR OF 1:30 O'CLOCK P.M. HAVING PASSED, THE DEPUTY
CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED,
TO -WIT:
r
VERO BEACH PRESS -JOURNAL
I
Published Weekly
.NOTICE
Vero Beach, Indian River County, Florida
NOTICE iS HEREBY GIVEN that the
Planning and Zoning Commission of Indian
River County, Florida, did review the }
feasibility of staking the, following changes
COUNTY OF INDIAN RIVER:
and additions to the Zoning Ordinance of In -
STATE OF FLORIDA
-' dian River County, Florida; which changes s
and additions are substantially as follows:
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
1. That the Zoning Map be changed in order
srys that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published
that the following described property located
ai Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
". east of State Road'•AiA, beginning rh mile r
north of State Road ,510: and continuing North =
Wong the Atlantic Ocean for approximately 2
4Zmilesr
fit Indian River County, Florlda; to -wits 4
a .�
Al! 'et, that . property lying between the
Easterly right -of --way, of State Road AIA on, the
Westi he mean' water line of the antic I!
tithe
ton
in the matter of - ®
in
Ocean he East North line of Govern-1
-trent Lot d, Section 10; Township 31 S, Range 39
E, on the North and the South line of Govern-
ment Lot, 4, Section 23, Township 31 S, Range 39
E an the south. = � � _ � '•.� 5
Be changed from R-1 Single Family District
to R -2D Multiple Family District.
in the Court, was pub-
A public hearing in relation thereto, at which
parties in interest and citizens shall have an j
1� ,fel
opportunity to be heilyd will be held by the =.
Indian
_ ®, , ®� ,
lished in said newspaper in the issues of , p
Board of County' Com missionets of
River County, Florida, in the Council Cham-
bars of the Vero Beach City Hall, Vero Beach,
Florida, on.Wednesday,lApril,lS, 1981, at 1:30
P.M.
If any person docides to appeal any decision
t
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
made an the alcove matter, he will need a -
record of -the proceedings, and for such'pur-:
;Vero Beach, in said Indian River County, and that the said newspaper has heretofore
poses, he may need to insure that a verbatim
been continuously published in said Indian River County, Florida, weekly and has been entered
record.of the proceedings is made, which In -
as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida
eludes testimony and evidence upon which the
for a period of one year next preceeding the first publication of the attached copy of adver-
appeal is based. _
jisement; and affiant further says that he has neither Maid nor promised any person, firm or
-- _Indian RiverCounty
„eofporation any discount, rebate, commission or refund for the purpose of securing this adver-
: Board of County Commissioners
�tisement for publication in the said newspaper.
By: Patrick B. Lyons, Chairman
Indian River County Planning
before 1 A. D. ®
and Zoning Commission
By: Carolyn Eggert, Chairman
:Sworn to and subscribed me thi y of
Marc. 18,Ili
SEAL)
f1111 IV . I (Bigness Manager)
(Clerk of the Circuit Court, (rlfiian River County, Florida)
A PREVIOUS PUBLIC HEARING ON REZONING THIS SAME PROPERTY
TO R -2B WAS HELD ON OCTOBER 8, 1980, AT WHICH TIME IT WAS AGREED TO
KEEP THE APPLICATION PENDING UNTIL AN ORDINANCE SETTING UP A NEW
ZONING DISTRICT FOR A MULTIPLE FAMILY DENSITY OF SIX UNITS PER ACRE
COULD BE ADOPTED. AT THAT TIME, NOTICE OF THE PUBLIC HEARING WAS
SENT TO THE PROPERTY OWNERS C/0 EDGAR L. SCHLITT, AS TRUSTEE, BY THE
CLERK OF THE COURT, AS REQUIRED BY FLORIDA STATUTE 125.66, AND MR.
SCHLITT HAS BEEN KEPT ADVISED OF SUBSEQUENT RESCHEDULINGS OF THE
APR 15 im
F
BECAUSE OF A POSSIBLE CONFLICT OF INTEREST WITHIN ATTORNEY
COLLINS' FIRM, ATTORNEY JOSEPH CIANFRONE ACTED AS ATTORNEY TO THE
BOARD OF COUNTY COMMISSIONERS DURING THIS PUBLIC HEARING.
ART CHALLACOMBE, SENIOR PLANNER, REVIEWED THE FOLLOWING
STAFF REPORT:
I
ZONING CHANGE - STAFF REPORT
Vero Shores, Inc., et al
j Owner
Steve L. Henderson, Esq.
Agent
6-6-80
Date of Application
IRC-80-ZC-12 File #444
Application Number
-P. 0. Box 3406 Rezoning from R-1 to R-20
Address (District) District
Vero Beach, Fla. 32960
Preliminary Final Hearing
PROPOSED USE AND LOCATION: Subject property, roughly 90 acres, is located
just north of Summerplace, and extends north approximately 2 miles on the east
'side of A -1-A. Average width measures approximately 600 ft.
EXISTING SITUATION: This parcel is zoned R-1 Single Family, and is currently
vacant. The surrounding land uses include to the north and west vacant property,
(currently zoned R-1 and A) with a few scattered residences. To the east is the
Atlantic Ocean, and to the south is some vacant land and the Summerplace Sub-
division:`
RECOMMENDATION: This proposed rezoning is not felt to be in keeping with the
overall p ng effort now being undertaken in the development of the new Compre-
hensive Plan. The staff recognizes that the current land use "guide" does provide
for medium density development in this area. As stated previously, however, this
adopted plan is not felt to be reasonable or consistent with the land use classi-
fications delineated in other areas along the beach. Thus, we would recommend
against an upgrading of the zoning in this area for the following reasons:
.1) Previous recommendations and discussions have encouraged lower densities in
.this area.
2) The proposed rezoning is not felt to be iii keeping with good planning principles
when considering the type and amount of existing development, and the relation-
ship to surrounding zoning in the area.
.3) Municipal type services are'non-existent, and plans to provide them in the
future are very uncertain at this point.
a: It is not -felt to be in the interest of the County to encourage a
proliferat ion of private utility systems particularly with regard to
extensive multi -family rezonings.
b. The development of several large or medium siied housing projects with
private utility systems often leads to revised utility priorities by a
governmental jurisdiction when problems start arising in the provision
of water or sewer.
c. The carrying capacity of A -1-A will be even more extensively taxed with
large scale density increases such as proposed ip this request.
4) The environmental sensitivity of the barrier island and potential storm -
surge hazards should be a consideration when dealing with a large parcel
rezoning of this nature.
5) Finally, the rezoning of an extremely long narrow strip of beach front land
such as this is not felt to be advisable, and will likely place undue pressure
on the County to rezone large parcels west of A -1-A in the future.
4
David M4Rver
Planning and Zoning Director
ATTORNEY OIANFRONE CONFIRMED THAT THIS APPLICATION WAS PUT
ON HOLD PENDING PASSAGE OF THE R -2D ORDINANCE.
ATTORNEY STEVE HENDERSON CAME BEFORE THE BOARD REPRESENTING
THE APPLICANT, SERO SHORES ET AL, AND HE ALSO CONFIRMED THAT THEY
ARE SEEKING A CHANGE TO THE NEWLY CREATED R-21), WHICH ALLOWS MULTI—
FAMILY AT 6 UNITS AN ACRE, HE NOTED THAT THE BARRIER ISLAND STUDY
INDICATED THE BEACH AREA NORTH OF WABASSO ROAD HAS 1120 ACRES IN
AGRICULTURAL USE, 685 ACRES IN PUBLIC LAND, 180 ACRES SINGLE FAMILY,
2 ACRES COMMERCIAL, AND 480 ACRES UNDEVELOPED RESIDENTIAL; THE
UNDEVELOPED RESIDENTIAL AREA, THEREFORE, DOES NOT MAKE UP A VERY
LARGE PART OF THE TOTAL LAND AREA. HE POINTED OUT THAT IF THE
AGRICULTURAL AREA WERE SEPARATED OUT AND LABELED AGRICULTURAL, IT
WOULD LEAD TO A REDUCTION OF UNITS PER ACRE FOR THE OVERALL AREA.
ATTORNEY HENDERSON CONTINUED THAT THERE IS NO MASTER DEVELOPMENT
SCHEME FOR THE OCEANFRONT PROPERTY BEING DISCUSSED TODAY SINCE
IT IS -OWNED BY ABOUT TWENTY INDIVIDUALS WHO ARE ORGANIZED ONLY IN
REGARD TO THIS REZONING EFFORT. MOST OF THESE PROPERTY OWNERS
ACQUIRED THEIR PROPERTY DURING THE EARLY 70'S WHEN THE 1975 PLAN
APR 151981
.-&;; . .
WAS IN EFFECT SHOWING MEDIUM DENSITY IN THIS AREA OF 4 - 12 UNITS PER
ACRE. HE POINTED OUT THAT R-1 ZONING ALLOWS 6.2 UNITS AND THUS THEY
ARE NOT SEEKING A CHANGE IN DENSITY, BUT A CHANGE IN USE. ATTORNEY
HENDERSON FELT THAT MULTI -FAMILY DEVELOPMENT -OF THIS PROPERTY IS THE
HIGHEST, BEST AND MOST EFFICIENT USE FOR THIS PROPERTY AND NOTED THAT
THIS APPLICATION CAME ABOUT TO ENCOURAGE DEVELOPMENT OF A CENTRAL
WATER SYSTEM, IF IT WERE DEVELOPED SINGLE FAMILY, IT IS HIGHLY
UNLIKELY Tk OWNERS WOULD CONTRIBUTE TO THE ESTABLISHMENT OF A
CENTRAL WATER SYSTEM.
ATTORNEY HENDERSON THEN DISCUSSED THE WATER SYSTEM AND THE
AQUIFER, NOTING THAT AGRICULTURAL USES PUT A MUCH GREATER BURDEN
ON THE AQUIFER. AS TO SEWER, THE DEVELOPER HAS NO CHOICE BUT TO GO
IN ON AN INDIVIDUAL PACKAGE PLANT, WHICH WITH PROPER MANAGEMENT AND
PROPER CONTROLS CAN BE OPERATED PROPERLY. ATTORNEY HENDERSON DID
NOT BELIEVE THE DEVELOPMENT OF THIS PROPERTY WILL CAUSE A SIGNIFICANT
IMPACT ON THE TRAFFIC SITUATION. HE EMPHASIZED THAT WHAT THEY ARE
PROPOSING IS NOT AN INCREASE IN DENSITIES, BUT SIMPLY A CHANGE OF
USE. THEY ARE SEEKING A MULTI -FAMILY CLASSIFICATION AT LESS THAN
THE EXISTING DENSITIES, WHICH HE FELT IS CONSISTENT WITH THE EXISTING
PLAN AND THE PROPOSED PLAN. ATTORNEY HENDERSON POINTED OUT THAT THE
CIVIC ASSOCIATION IN ITS OWN MASTER PLAN RECOGNIZED THAT THERE IS
REASON FOR TREATING OCEANFRONT PROPERTY SLIGHTLY DIFFERENTLY IN
TERMS OF HIGHER DENSITY.
KING HEALEY, PLANNING CONSULTANT, NEXT APPEARED ON BEHALF
OF THE APPLICANT. HE EMPHASIZED THAT THE NEW ZONING FOR MULTI -FAMILY
AT 6 UNITS PER ACRE WILL ALLOW CLUSTER HOUSING, WHICH IS KINDER TO
THE LAND AND ALLOWS YOU TO MAXIMIZE THE VIEW BY PROVIDING MORE OPEN
SPACE. MR. HEALEY NOTED THAT UNDER THE DEPARTMENT OF HOUSING &
URBAN DEVELOPMENT LAND USE INTENSITY FORMULA, THE BASIC PREMISE IS
THAT PROPERTY BORDERING ON PERPETUAL OPEN SPACE, SUCH AS A PARK OR
THE OCEAN SHOULD IN GOOD COMMUNITY PLANNING BE ALLOCATED FOR
HIGHER DENSITIES.
HE THEN REVIEWED THE TRAFFIC PORTION OF THE
BARRIER ISLAND STUDY, WHICH STATES THAT THE ISLAND'S TRAFFIC IS
CONCENTRATED WITHIN A 6 MILE STRIP BETWEEN .JOHN'S ISLAND ON THE
NORTH AND THE MOORINGS ON THE SOUTH AND PREDICTS THAT TRAFFIC WILL
NOT BEGIN TO APPROACH CAPACITY FOR THE NORTHERN ZONES UNTIL SOME
TIME IN THE DISTANT FUTURE. MR. HEALEY STATED THAT SINGLE FAMILY
GENERATES MORE TRAFFIC THAN MULTI -FAMILY, AND HE BELIEVED THAT ONLY
A 39% USE OF CAPACITY COULD BE ANTICIPATED IN THIS AREA. HE REFUTED
THE "DOMINO EFFECT" THEORY, NOTING THAT THE BOARD HAS THE CONTROLS
TO PREVENT THIS.
ATTORNEY HENDERSON ADDED THAT THE BARRIER ISLAND STUDY
ALSO SHOWS THAT THE IMPACT OF MULTI -FAMILY ON SEWER AND WATER IS LESS
THAN SINGLE FAMILY AND ASKED MR, TFSSIER OF GERAGHTY & MILLER TO
ANSWER ANY QUESTIONS REGARDING WATER.
MR, TESSIER REPORTED THAT WATER RESOURCE INVESTIGATIONS IN
THIS AREA OF THE COUNTY HAVE NOT BEEN UNDERTAKEN RECENTLY. IN ABOUT
1953 THE U. S. GEOLOGICAL SURVEY RAN A TEST OF A WELL IN THIS GENERAL
VICINITY WHERE IT FLOWED AT 500 GALLONS PER MINUTE; THE WATER WAS NOT
POTABLE WITHOUT TREATMENT, BUT WAS SUITABLE FOR REVERSE OSMOSIS, A
REPORT WAS PREPARED IN 1969 FOR .JOHN'S ISLAND GOLF COURSE WATER, WHICH
SHOWED THAT THE QUALITY OF THE SHALLOW AQUIFER WAS QUITE VARIABLE DOWN
TO ZO'. MR. TESSIER FELT THE BEST UTILITY SYSTEM WOULD BE TO USE THE
FLORIDAN AQUIFER WITH REVERSE OSMOSIS.
COMMISSIONER FLETCHER ASKED IF THERE IS ANY WATER AVAILABLE
NORTH OF THE WINTER BEACH BRIDGE BELOW 400' THAT CAN BE USED FOR
HUMAN CONSUMPTION WITHOUT TREATMENT, AND MR. TESSIER FELT THERE IS
A BIG BUBBLE CENTERED AROUND THE SEBASTIAN BRIDGE AREA THAT CAN BE
USED WITHOUT TREATMENT BUT HE DID NOT BELIEVE IT EXTENDS TO THE MORE
NORTHERN AREA.
THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD.
ARDEN CRAWFORD TOOK THE FLOOR REPRESENTING THE VERO BEACH
CIVIC ASSOCIATION AND STATED THAT THEIR PROPOSED MASTER PLAN RECOMMENDS
L-1 FOR THIS PARTICULAR PIECE OF PROPERTY, OR 3 UNITS TO THE ACRE.
THEY ACTUALLY HAVE NO OBJECTION TO CLUSTER HOUSING - THE ISSUE IS
APR 151991
DENSITY.
BOOK
46
HE STATED THAT 6 UNITS TO THE ACRE ON 90 ACRES, FIGURING
2.5 TO THE AVERAGE FAMILY, WOULD RESULT IN 11,000 PEOPLE ON 90 ACRES.
CHAIRMAN LYONS CORRECTED THIS STATEMENT TO POINT OUT THAT
IT WOULD RESULT IN 1,100 PEOPLE, NOT 11,000._
MR. CROWFORD BELIEVED THAT THE COUNTY PLANNING & ZONING
BOARD IS RECOMMENDING THIS PARTICULAR PROPERTY BE ZONED 3.1 TO THE
ACRE, AND IF THIS IS PUT IN THE MASTER PLAN, THE ZONING WILL HAVE TO
CONFORM TO'IT. THEY, THEREFORE, BELIEVED THIS ZONING SHOULD NOT BE
CHANGED UNTIL AFTER THE BOARD HAS MADE UP THEIR MINDS AS TO WHAT THEY
ARE GOING TO DO AS FAR AS THE MASTER USE PLAN IS CONCERNED. HE ALSO
ARGUED THAT IF YOU GRANT ONE DEVELOPER SIX UNITS PER ACRE, IT WILL
SET A PRECEDENT.
WILLIAM HICKEY, SUMMERPLACE RESIDENT, SPOKE OF HIS PROBLEMS
WITH SALT WATER INTRUSION; HE FELT THE WATER SITUATION IS CRITICAL
AND THAT THERE SHOULD BE THE LOWEST DENSITY POSSIBLE TO PREVENT
FURTHER DEPLETION OF THE SHALLOW AQUIFER.
MRS. HICKEY POINTED OUT THAT PERMISSION ALREADY HAS BEEN
GIVEN FOR A 300 UNIT MOTEL WHICH SURELY WILL ADD TO THE TRAFFIC IN
THIS AREA.
ED SCHLITT, REALTOR AND LIFETIME COUNTY RESIDENT, NOTED
THAT I.L HIS 27 YEARS IN THE REALTY BUSINESS, HE ALWAYS HAS STRIVEN
TO DEVELOP WITHIN THE SYSTEM, AND HE WILL CONTINUE TO WORK FOR THE
BEST INTERESTS OF THE COUNTY REGARDLESS OF THE OUTCOME OF THIS HEARING.
MR. SCHLITT ALSO NOTED THAT THE VERO BEACH CIVIC ASSOCIATION
INDICATED AT THE PLANNING & ZONING COMMISSION MEETING THAT THEY
FELT SOME SEPARATE UTILIZATION CAN AND PROBABLY SHOULD BE MADE OF -'
THE AREA BETWEEN AIA AND THE OCEAN.
ATTORNEY HENDERSON AGREED THAT THE CIVIC ASSOCIATION
MASTER PLAN DOES DISTINGUISH BETWEEN THE PROPERTY EAST OF AlA AND
THE PROPERTY WEST OF AlA. HE THEN ASKED MR. TESSIER WHAT AFFECT
REVERSE OSMOSIS WOULD HAVE ON THE SHALLOW WELL SYSTEM.
MR. TESSIER STATED THAT THE FLORIDAN AQUIFER BEGINS AT
APPROXIMATELY 300' DOWN IN THIS AREA AND IS SEPARATED FROM THE SHALLOW
48
s
AQUIFER BY SEVERAL HUNDRED FEET OF CLAY; S0, THE PROPOSED DEVELOPMENT
SHOULD NOT HAVE ANY MEASURABLE AFFECT ON ANY SHALLOW WELLS IN THE
AREA. HE BELIEVED MULTI -FAMILY DEVELOPMENT WITH LARGE OPEN SPACES
WOULD ACTUALLY HELP THE SHALLOW AQUIFER AND NOT HARM IT.
ON MOTION BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER
SCURLOCK, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING.
COMMISSIONER SCURLOCK DID SEE SOME MERIT IN MULTI -FAMILY
AS OPPOSED TO SINGLE FAMILY AND DID BELIEVE THERE IS SOME ROOM FOR
HIGHER DENSITIES ON THE OCEANSIDE, BUT FELT THE PROBLEM IS THAT IN
THE NORTH BEACH AREA, WE ARE DEALING WITH A MULTITUDE OF DEVELOPERS,
HE CONTINUED THAT HE BELIEVED THE BARRIER ISLAND IN THE NORTH SHOULD
BE DEVELOPED AT A DENSITY NOT TO EXCEED 4 UNITS PER ACRE AND STATED
HE WOULD HAVE NO OBJECTION TO MIXING DENSITIES WITHIN THAT OVERALL
FIGURE.
COMMISSIONER FLETCHER STATED THE BASIC ARGUMENT IS SINGLE
FAMILY OR MULTI -FAMILY, AND ALTHOUGH THE BARRIER ISLAND STUDY
INDICATED MULTI -FAMILY GENERATED LESS TRAFFIC, HE BELIEVED THEY
CONSUME TWO TO THREE TIMES AS MUCH WATER. HE WAS OF THE OPINION
THAT THERE ALREADY IS AMPLE MULTI -FAMILY HOUSING IN THE COUNTY, AND
WHILE HE DID NOT BELIEVE WE COULD STOP GROWTH, WE MUST CONTROL
DENSITY. COMMISSIONER FLETCHER FELT TALKING ABOUT 6.2 UNITS AND
6 UNITS, ETC., IS MERELY PLAYING A "WORD GAME /I
WITH NUMBERS.
MOTION WAS MADE BY COMMISSIONER FLETCHER TO DENY THE REQUEST
FOR REZONING.
MOTION DIED FOR LACK OF A SECOND.
COMMISSIONER WODTKE BELIEVED THAT CLUSTER DEVELOPMENT WOULD
USE FAR LESS UTILITIES THAN SINGLE FAMILY AND GENERATE LESS TRAFFIC.
HE BELIEVED THERE IS A TREMENDOUS NEED FOR THIS TYPE OF DEVELOPMENT
AND WAS VERY -MUCH IN SUPPORT OF THIS TYPE OF DEVELOPMENT EAST OF
STATE ROAD AIA RATHER THAN ON THE RIVERSIDE.
COMMISSIONER BIRD CONCURRED WITH COMMISSIONER WODTKE.
KEEPING IN MIND THE FRAGILE NATURE OF THAT STRIP, COMMISSIONER BIRD
mot ._
APR 151981
ENVISIONED WITH CLUSTER HOUSING THAT YOU WOULD BE ABLE TO PRESERVE
SOME NATIVE VEGETATION BETWEEN THEM AND A1A AND THE SETBACK FROM
THE DUNES; ALSO, YOU WOULD HAVE MORE CONTROLLING AND STRICTER
REGULATIONS THAN IF THIS WERE SOLD OFF INTO A HUNDRED INDIVIDUAL
PARCELS. COMMISSIONER BIRD DID NOT SEE CHANGING THE ALLOWABLE DENSITY,
BUT WOULD PREFER TO SEE THIS CLUSTERED RATHER THAN HAVE A STRING OF
SINGLE FAMILY HOMES - HE STATED HE WOULD BE IN FAVOR OF A MOTION THAT
THE REZONING REQUEST FROM R-1 TO R -2D BE GRANTED.
CHAIRMAN LYONS STATED SINCE HE HAD NOT SUCCEEDED IN GETTING
THE COMMISSION TO DECLARE A MORATORIUM UNTIL WE GET THE MASTER PLAN
SETTLED, HE IS FORCED TO GO BY TODAY IS MASTER PLAN. HE CONTINUED
THAT AT THE MEETING OF OCTOBER 8, 19801 HE STATED THAT IF WE SET UP
AN ORDINANCE FOR MULTI -FAMILY WITH A ZONING OF 6 UNITS PER ACRE, HE
WOULD SUPPORT THE REZONING REQUEST. HE, THEREFORE, NOW FELT OBLIGATED
TO SUPPORT IT; ALTHOUGH, IF WE HAD A LOWER DENSITY, HE WOULD PREFER
IT.
COMMISSIONER SCURLOCK DID NOT HAVE ANY SPECIFIC OBJECTION
TO THIS PARTICULAR PROPOSAL, BUT HAD A PROBLEM WITH THE OVERALL
PICTURE AND WHAT IS GOING TO HAPPEN IN THE FUTURE. HE NOTED WE
ONLY HAVE ItX„ AMOUNT OF ACRES; SO IF WE APPROVE ENOUGH OF THESE, OUR
FLEXIB.I_LITY IS GONE AND LATER DEVELOPERS WILL FACE SOMETHING THEY
CANNOT COPE WITH.
PLANNING DIRECTOR REVER AGREED THAT WE WILL HAVE TO SAY
NO TO SOMEBODY AT SOME POINT IN TIME BECAUSE THE COUNTY AND THE ROADS
ONLY HAVE SO MUCH CAPACITY AND WE MUST MAINTAIN SOME TYPE OF QUALITY
OF LIFE. THOSE WHO ARE READY, WILLING AND ABLE TO DO THINGS, HOWEVER,
MUST BE GIVEN CONSIDERATION.
COMMISSIONER BIRD NOTED THAT THE DEVELOPMENT AND REAL
ESTATE GAME IS BASICALLY A MATTER OF SUPPLY AND DEMAND AND ALTHOUGH
THERE SEEMS TO BE A DEMAND FOR MULTI -FAMILY NOW, HE BELIEVED THERE
HAS BEEN A BIG DEMAND EXERCISED FOR HIGH QUALITY SINGLE FAMILY; S0,
THE SITUATION MAY CURE ITSELF.
50
ARGUMENT CONTINUED IN THE SAME VEIN REGARDING DENSITIES,
THE AMOUNT OF LAND AVAILABLE, WATER, TRAFFIC, ETC., AND COMMISSIONER
SCURLOCK STATED THAT HE WOULD VOTE IN FAVOR OF THE PROPOSAL WITH A
FIRM COMMITMENT TOWARDS WORKING TO AN OVERALL DENSITY OF 4 UNITS
PER ACRE.
ON MOTION BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER
WODTKE, COMMISSIONER FLETCHER VOTED IN OPPOSITION, THE BOARD ADOPTED
ORDINANCE 81-16 GRANTING A REZONING FROM R-1 TO R -2D FOR THE
PROPERTY AS ADVERTISED.
ORDINANCE NO. 81-16
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 o.f 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:
All of that property lying between the Easterly
right-of-way of State Road A -1-A on the West; the mean
high water line of the Atlantic Ocean on the East; the
North line of Government Lot 6, Section 10,. Township
31 S, Range 39 E, on the North and the South line of
Government Lot 4, Section 23, Township 31 S, Range 39
E on the south
Be changed from R-1 Single Family District to R-20 .
Multiple Family District.
All with the meaning and -intent and as set forth and
described in said Zoning Regulations.
This Ordinance shall take effect April 20, 1981.
APR 15 1991
Only
51
APR 151991
REZONING PROPERTY ON LATERAL A CANAL FROM A TO R -IMP
REQUESTED BY SEXTON GROVES, INC.
BOO
CHAIRMAN LYONS ANNOUNCED -THAT THE ABOVE REZONING WILL NOT
BE HEARD TODAY BECAUSE OF A PROBLEM WITH THE ADVERTISING. THE
HEARING WILL BE MOVED TO THE MEETING OF MAY 61 1981,
CONSTRUCTION PROJECT REPRESENTATIVE HERCULES KONTOULAS
INFORMED THE BOARD THAT WE HAD TO LOWER THE CEILINGS AND IN MANY
AREAS WE NEED TO PROVIDE A DROP SOFFIT AT WINDOWS IN ORDER TO GET
THE LIGHTS IN. THIS IS A "MUST" BEFORE WE CAN OCCUPY THE COUNTY
-ADMINISTRATION BUILDING.
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
SCURLOCK, THE BOARD UNANIMOUSLY APPROVED CHANGE ORDER N0. 19 -
000NTY ADMINISTRATION BUILDING IN THE AMOUNT OF $7,132.52, WITH 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.
CHANGE OWNER ❑
ARCHITECT ❑
ORDER CONTRACTOR ❑
FIELD ❑
AIA DOCUMENT G701 OTHER
PROJECT: Indian River County CHANGE ORDER NUMBER: 19
(name, address) County Administration Building
TO (Contractor)
Reinhold Construction Inc. 7 ARCHITECT'S PROJECT NO.9363
P.O. Box 666 CONTRACT FOR:Add i t i ons and Renovations
Cocoa, Florida 32922
L_ CONTRACT DATE: April 2, 1960
You are directed to make the following changes in this Contract:
CP -44 Provide a drop soffit at various windows, due to unforseen $7,132.52
conditions not determined until after demolition.
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 contractor 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 are reflected in the attached documents.
The original Contract Sum was . . . . . . . . . . . . . . . . . . . $ 2 , 748 , 000..00
Net change by previous Change Orders . . . . . . . . . . . . . . . . . $ 214,480.67
The Contract Sum prior to this Change Order was . . . . . . . . . . . . . $ 2,962,480.67
"
The Contract Sum will be (increased) X(MM(9Y6X9XKX�ifB(, b'tXX) by this Change Order . . . $ 7,132.52
The new Contract Sum including this Change Order will be . . . . . . . . . . . $ 2,969,613-19
The Contract Time will be (increased) (decreased) (unchanged) by ( -- ) Dais.
The Date of Completion as of the date of this Change Order therefore is
CONNELL METCALF AND EDDY REINHOLD CONSTRUCTION INC_ INDIAN RIVER COUNTY
AICI�I0"?. Dixie Highway �T &xn�66 ff+'1R 14+ Ave
Address Address Address
Coral QablesFL,---33134 Cocoa, FL 32922 Ver ch, FL 321P60
__1r_ 4
ep .d2. Y b4
%
AIA DOCUMENT G701 CHANCE ORDER APRIL 1970 EDITION • AIAS m 1970 - THE ONE PkGE
AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON, D.C. 220006
APR 151981 53
wx 46 PAcF 271
- _ -
MR. KONTOULAS INFORMED THE BOARD THAT A SITUATION HAS
ARISEN THAT MAY NECESSITATE PROVIDING A FIRE ESCAPE BY THE COUNTY
COURTROOM. HE PROCEEDED TO DISCUSS ALTERNATIVES, AND THE BOARD
FELT THIS PROBLEM SHOULD BE LEFT WITH THE ADMINISTRATOR.
DISCUSSION RE TREASORE COAST UTILITIES__CO.
ATTORNEY COLLINS INFORMED THE BOARD THAT NO ONE HAS HAD
ADDITIONAL' CONTACT WITH MR. SALTER, OWNER OF TREASURE COAST UTILITIES,
AND HE HIMSELF HAS TRIED TO CONTACT MR. SALTERS ATTORNEY AND HAD NO
RESPONSE. TWO THINGS APPEAR EVIDENT - ONE IS THAT IN THE CONTEMPT
ACTION PRESENTLY GOING ON THAT THE COURT IS GOING TO HAVE AUTHORITY
TO COME UP WITH SOME REMEDY, AND PROBABLY THE COUNTY SHOULD BE PARTY
TO THAT ACTION IN SOME FORM, BOTH AS A PROPONENT OF THE CONTEMPTUAL
WAY THAT MR. SALTER IS HANDLING THE UTILITY SYSTEM, AND AS A POSSIBLE
PARTY TO RECEIVE CERTAIN DIRECTIONS FROM THE COURT TO REMEDY THE
SITUATION. ATTORNEY COLLINS CONTINUED THAT HE HAS TALKED WITH THE
DER ATTORNEY AS WELL AS REVIEWING THE ENTIRE FILE, AND IT SEEMS TO
HIM THAT THE BEST POSTURE TO SERVE THE PEOPLE AND SOLVE THE PROBLEM
IS FOR THE COUNTY TO GET INTO THE LITIGATION. HE, THEREFORE,
RECOMMENDED THAT THE BOARD AUTHORIZE HIM TO BECOME INVOLVED EITHER
DIRECTLY OR INDIRECTLY, NOTING THAT IF THE COUNTY IS PARTY, IT GIVES
THE COURT ADDITIONAL FLEXIBILITY.
MOTION WAS MADE BY COMMISSIONER SCURLOCK, SECONDED BY COM-
MISSIONER BIRD, TO AUTHORIZE THE ATTORNEY TO GET INVOLVED WITH THE
LITIGATION RE THE TREASURE COAST UTILITIES SYSTEM AS DISCUSSED.
CHAIRMAN LYONS COMMENTED THAT HE RECEIVED A CALL OVER THE
WEEKEND THAT THE TREASURE COAST PLANT WAS DOWN, AND THE COUNTY DID
GET INVOLVED AND IT DID GET FIXED.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON
AND CARRIED UNANIMOUSLY.
DISCUSSION FOLLOWED IN REGARD TO THE COUNTY KEEPING TIME
AND LABOR RECORDS FOR CALLS MADE TO THE SYSTEM.
54
L�
.m
ATTORNEY COLLINS NOTED THAT SINCE WE HAVE A RESOLUTION WHICH
GIVES US THE RIGHT TO TAKE OVER THE SYSTEM WHEN WE ARE IN A POSITION
TO PROVIDE THE SERVICE AND IT APPEARS THAT THE FRANCHISE HOLDER IS
NOT GOING TO MAKE THE IMPROVEMENTS REQUIRED, FROM A LEGAL STANDPOINT
HE BELIEVED OUR POSTURE IS BEST IF WE GO AHEAD AND BUILD A PLANT AND
PUT MR. SALTER ON NOTICE THAT WE ARE NOW IN A POSITION TO PROVIDE THE
SEWER SERVICE AND WE WILL TAKE OVER.
DISCUSSION ENSUED ABOUT THE TYPE OF PLANT AND THE POSSIBLE
OPTION OF TYING IN TO OTHER FRANCHISES IN THE AREA.
UTILITY DIRECTOR LINER REPORTED THAT PETER ROBINSON OF LAUREL
HOMES HAS AN IDEA WHERE HE COULD GET SOME DEVELOPERS TO ERECT A PLANT
AND TURN IT OVER TO THE COUNTY. HE IS THINKING IN TERMS OF SOLVING,
THE PROBLEM WITH NORA PARK AND THE DEVELOPMENT OF HIBISCUS AIRPORT.
ENGINEER JOHN ROBBINS STATED THAT HE HAD A DISCUSSION WITH
A DEVELOPER WHO OWNS LAND ADJACENT TO TREASURE COAST, AND MR.
MUSTAPICK INDICATED HE WOULD BE WILLING TO DISCUSS WITH THE COUNTY
THE POSSIBILITY IF HE DEVELOPS THAT AREA AROUND TREASURE COAST THAT
HE OWNS THAT HE MIGHT WORK JOINTLY ON PUTTING IN A SEWER PLANT TO
SOLVE BOTH PROBLEMS.
ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER
WODTKE, THE BOARD UNANIMOUSLY AUTHORIZED THE COUNTY ATTORNEY, THE
CONSULTING ENGINEER AND THE ADMINISTRATOR TO PREPARE A RECOMMENDATION
FOR THE COUNTY COMMISSION IN REFERENCE TO BUILDING A FACILITY TO TAKE
CARE OF THE TREASURE COAST NEEDS AND THE OTHERS MENTIONED.
ATTORNEY COLLINS INFORMED THE BOARD THAT THE FORECLOSURE
SUIT FILED AGAINST TREASURE COAST UTILITIES, INC., BY FORSYTH STREET
INVESTMENTS, INC., HAS GONE TO FINAL JUDGMENT; THERE WILL BE A SALE
ON THE THIRD OF MAY, AND HE WILL BE THERE BIDDING ON BEHALF OF THE
COUNTY.
CHAIRMAN LYONS NOTED THAT THE PREVIOUS COMMISSION A YEAR
AGO AUTHORIZED THE ATTORNEY TO BID ON THE SYSTEM ON THE FORECLOSURE
DATE.
Boo ` FacE;
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
BIRD, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO BID ON THE
TREASURE COAST UTILITIES SYSTEM ON BEHALF OF THE COUNTY AT THE FORE-
CLOSURE SALE ON MAY 3RD.
,_► i. ►►11011306 a
ATTORNEY COLLINS STATED THAT HE HAD TALKED TO DR."FENNER'S
ATTORNEY, AND DR. FENNER's COMPLAINT IS THAT HE NEVER RECEIVED A
FAIR HEARING. THIS MATTER IS IN FEDERAL COURT, AND IT COULD BE
LITIGATED FOR THREE OR FOUR YEARS. ATTORNEY COLLINS SUGGESTED, SINCE
DR. FENNER'S COMPLAINT IS THE HEARING, THAT THE BOARD GRANT HIM
ANOTHER HEARING AND RESOLVE THAT COMPLAINT.
ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER
BIRD, THE BOARD UNANIMOUSLY AUTHORIZED ANOTHER HEARING FOR DR, FENNER
IN REGARD TO THE HAZARDOUS STRUCTURE KNOWN AS HIGHLANDS MOTEL.
DOCUMENTATION RE PHASE II - GIFFORD WATER AND SEWER SYSTEM
ATTORNEY COLLINS PRESENTED VARIOUS DOCUMENTS REGARDING
PHASE II OF THE GIFFORD WATER AND SEWER SYSTEM WHICH NEED TO BE
EXECUTED.
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
SCURLOCK, THE BOARD UNANIMOUSLY APPROVED RESOLUTION 81-25 (LOAN
RESOLUTION FMHA) AND AUTHORIZED THE CHAIRMAN'S SIGNATURE ON THE
FOLLOWING DOCUMENTS:
LOAN RESOLUTION 81-25 (FMHA 442-47)
ASSURANCE AGREEMENT (FMHA 400-4)
ASSOCIATION WATER OR SEWER SYSTEM GRANT AGREEMENT (FMHA 1942-31)
EQUAL OPPORTUNITY AGREEMENT (FHA 400-1)
THESE DOCUMENTS ARE ON FILE IN THE OFFICE OF THE CLERK.
DISCUSSION RE PRE -APPLICATION FOR SOUTH BEACH WATER SYSTEM
ENGINEER ROBBINS REPORTED THAT IN BEGINNING THE PRE -
APPLICATION FOR FUNDS FOR THE PROPOSED SOUTH BEACH WATER SYSTEM, HE
CHECKED WITH FMHA RE AVAILABLE LOAN MONEY BECAUSE IT HAD BEEN INDICATED
WE COULD EXPECT ADDITIONAL LOAN FUNDS OVER AND ABOVE THOSE ALREADY
COMMITTED, AND HE WAS INFORMED THAT THE MONIES REMAINING IN FMHA's
1981 FISCAL BUDGET FOR LOANS IS ZERO. OF THE 20 MILLION COMMITMENT
MADE BACK IN THE EARLY 70'S, 8.2 MILLION WAS ALLOCATED FOR WATER AND
THE REMAINDER FOR SEWER; OF THE 8.2 MILLION COMMITMENT FOR WATER,
THE COUNTY HAS ONLY 1.959 MILLION REMAINING ON THE BOOKS. UNDER
FMHA REGULATIONS, MONEY SET ASIDE FOR SEWER CANNOT BE TRANSFERRED TO
WATER ACCOUNTS. THIS, THEREFORE, LEAVES A CONSIDERABLE DEFICIT IN
THE 4.5 MILLION PROGRAM DESIGNED TO SUPPLY WATER TO SOUTH BEACH
AT BUILD -OUT.
IN LIGHT OF THIS INFORMATION, ENGINEER ROBBINS SUGGESTED
THAT HE BE AUTHORIZED AT THIS POINT TO LOOK INTO THE FEASIBILITY OF
TAKING THE EXISTING CONNECTIONS (SOME 850 TIED INTO THE 12" LINE),
BRINGING A LINE ACROSS THE RIVER FOR ABOUT 1.6 MILLION TO T_IE INTO
THE EXISTING 12" LINE, AND UTILIZING IT ALONG WITH THE GROUND STORAGE
TANK AS LONG AS POSSIBLE; THEN, AT THE TIME WHEN IT BECOMES NECESSARY
TO EXTEND THE LINE FURTHER SOUTH OR MAKE IMPROVEMENTS FOR MORE DEVELOP-
MENT, THE COUNTY MIGHT CONSIDER GOING TO THE PRIVATE MONEY MARKET
BASED ON THE IDEA THAT THE ADDITIONAL REVENUE GENERATED COULD BE USED
TO FLOAT REVENUE BONDS FOR IMPROVEMENTS TO THE SOUTH BEACH AREA.
MR. ROBBINS FURTHER NOTED THAT THE FMHA PROJECTION FOR 1982 IS THAT
THERE WILL BE ABOUT A 50o CUT IN LOAN MONIES AVAILABLE; HOWEVER,
IF WE FILE NOW AND ESTABLISH OURSELVES ON A PRIORITY BASIS, WE COULD
BECOME ELIGIBLE FOR ADDITIONAL LOANS IN NOVEMBER.
COMMISSIONER SCURLOCK NOTED THAT IN OUR DISCUSSION RE CITY
VS. COUNTY PROVIDING THE CROSSING, IT WAS AGREED THAT ONE OF THE
BENEFITS WAS THAT THE COUNTY HAD THE ABILITY TO DO WON 5% MONEY.
IN TERMS OF INITIAL CONSTRUCTION, THE CITY COULD DO IT CHEAPER, BUT
WITH THE COST OF MONEY, IT WOULD BE CHEAPER FOR THE COUNTY TO DO IT
IN THE LONG RUN. COMMISSIONER SCURLOCK DID NOT BELIEVE IT PAYS TO
ENGINEER FOR PARTIAL SERVICE AND THAT NOW IT MAY HAVE SWUNG BACK TO
WHERE IT MIGHT BE A PLUS FOR THE CITY TO SERVICE THE AREA SINCE THE
COUNTY RATE STRUCTURE WOULD BE HIGHER.
57 Rona 6 RA^F 975
CHAIRMAN LYONS FELT IT WOULD BE WORTHWHILE TO PURSUE BOTH
AVENUES - GET IN LINE FOR THE PROGRAM AS WE HAD VISUALIZED IT AND IN
THE MEANTIME GO BACK AND CHECK WITH THE CITY.
ENGINEER ROBBINS STATED THAT HE HAD RUN SOME AMORTIZATION
FIGURES ON THE BASIS OF 850 CONNECTIONS, AND THE COUNTY COULD PUT
THE LINE ACROSS THE RIVER AND STILL GENERATE SOME EXCESS REVENUE ON
THE BASIS OF A $15.00 A MONTH WATER BILL.
CHAIRMAN LYONS FELT THE WHOLE MATTER SHOULD BE GONE INTO
AGAIN AND THAT COMMISSIONER SCURLOCK AND ENGINEER ROBBINS SHOULD
GET TOGETHER WITH THE CITY AND COME BACK WITH A PROPOSAL, THE BOARD
AGREED.
lii _ ; V �� 1 �$ECWIMI;Rwoilja
• ��
ADMINISTRATOR NELSON REPORTED THAT THE SUBJECT CHANGE
ORDER REPRESENTS A REDUCTION OF THE CONTRACT PRICE AS A RESULT OF
USING LESS MATERIALS THAN ORIGINALLY ESTIMATED TO SET THE PRODUCTION
WELLS.
ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMIS-
SIONER WODTKE, THE BOARD UNANIMOUSLY APPROVED CHANGE ORDER N0. 1
(FHA 414-7) REPRESENTING A NET DECREASE IN THE AMOUNT OF $7,106.00
IN TH E FLORIDAN AQUIFER TEST WELL AND ASSOCIATED WORK CONTRACTED BY
ALSAY-PIPPIN CORPORATION.
58 .
M
y UNITED STATES DEPARTMENT OF AGRICULTURE:
Dorm FHA 4247 FARMERS IMME AiNINISTRA ION
(Rev. 8-22-69)
C'ONTH %CT ('111\GI: ORDlat
Floridan Aquifer Test Well and Associated Work
CONTRACT FOR
OWNER
Indian River County, Road & Bridge
M
ONDF_N No.
1
DATE
January 7, 1981
STATE
Florida
COUNTY
Indian River
Vero Beach, F1
ro ....... hi say.-.Pipp.in.. Corporation, P.O. Box 6650, Lake -Worth, Fl 33461
'Itt...: IN
You are hereby requested to comply with the fullowtni; changcS from the r-ontract plans and specifications:
Description of C'hxiges DF.('Rl?ASE INCREASE:
(Supplemental Plans and Specifications Attached) in Contract Price in Contract Price
Adjustments:
SEE ATTACHED SHEET
TaTAI.s S . 7,8 1... 0 0...- 1 - ..._.7.1.5 - Q
NE'T CHANGE IN CONTRM-.l.
JUSTiE1CAT1ON:
Normal adjustments to estimated quantities in bid schedule
The amount of the Contract will be (Decreased) txccxxk Rv The Sum Of: Seven thousand one hundred
six dollars and no/100 cents Dollars($ 7,106.00 )
The Contract Total Including this and previous Change Orders Will Be: One hundred nine thousand
six hundred ninety six and no/100 cents Dollar. ($ 109, 696.00 )
The Contract Period Provided for Completion Will Ile (f MM) �=XAXNA (Unchanged): -D- Days
This docum t become a suppl ent o the contact and. all provisions will apply hereto.
1zl4-15-81
Reque
Recommended _
MILL;
Accepted
Alsay-i
Approved by FI EA
a U.S.GP0.1978-0786-693/ 1740
(PM'ner)
�rr.l�rr� tV�'�ei�t:'ley
Corp.; Roger T. Gresh, AchtcttrVv-Pres.
(Na,ae arul 'Title)
(7)Ate)
(UAtei
;Dare,
PHA 424-7 iltcv. 8-2269)
'PR 1 5 4,981 aooK 46 PACE277
59
V V
Adjustments per Bid Item:
1.0 Floridan Aquifer Test Production Well
1.1 12" casing
1.2 12" open hole
1.3 cement
1.4 development
1.5 pump test
1.6 standby
-17
ft.
+17
ft.
-176.4
c.f.
-14
hrs.
---
hrs.
+3.5
hrs.
(680.00)
255.00
(2,646.00)
(700.00)
Item No. 1.0 Adjustment
2.0 Florida Aquifer Monitor Well
490.00
2.1
10" casing
-5
ft.
(175.00)
2.2
10" open hole
+5
ft.
75.00
2.3
2" casing
+2
ft.
4.00
2.4
2" screen
---
ft.
-----
2.5
cement
+41
c.f.
1,025.00
2.6
gravel
+.25
c.y.
13.50
2.7
sand
---
c•Y•
-----
2.8
development
-5.25
hrs.
(262.50)
2.9
standby
+.25
hrs.
35.00
Item No. 2.0
Adjustment
3.0 Floridan Aquifer Observation Production Well
3.1
12" casing
-17
ft.
(680.00)
3.2
12" open hole
+17
ft.
255.00
3.3
cement
-243
c.f.
(3,645.00)
3.4
development
-15
hrs.
(750.00)
3.5
pump test
---
hrs.
------
3.6
standby
+2
hrs.
280.00
Item No. 3.0
Adjustment
$ (3,281.00)
+ 715.00
$ (4,540.00) _
TOTAL CONTRACT ADJUSTMENT $ (7,106.00)
60
4..
Piorm FHA 42448• UNITED STATES DEPARTMENT OF AGRICULTURE
(Rev.`'11-12 73) FARMERS HOME ADMINISTRATION
PARTIAL PAYMENT ESTIMATE
(Number 5 )
ice No. 8105
Name of Contractor:
ALSAY—PIPPIN CORPORATION, P.O. Box 6650, Lake Worth, F1 33461
Naroe of Owner (Association):
Indian River County, Road & Bridge Dept., Rm. 115, Courthouse, Vero Bch, F1
Da'e of Completion: I Amount of Contract: Dates of Estimate:
Original Dec. 15, 1980
R evi sed
Description
Job:
Original $- 116,802.00
Revised S 109
FLORIDAN AQUIFER TEST WELL & ASSOCIATED WORK
From Dec. 23, 1980
Tn Jan. 29, 1981
* Item
Contract Items
This Period
Total To Date
Quantity
Unit
Unit Price
Quantity
Amount
Ouantit
Amount
1.0
2.0
3.0
1
1
1
1;.S.
L.S.
L.S.
Change Or
41,070.00
37,752.00
37,980.00
er #1 - D
1%
1%
1%
tailed Attachment
410.70
377.52
379.80
Total Com
100%
1001
100%
leted
$41,070.00
37,752.00
37,980.00
116,802.00
(7,106.00
109,696.00
Amwnt
This Period
Total To Date
Amount Earned
$ (5,937.98)
$ 109,696.00
Amount Retained
$ —0—
$ —0—
Previous Pavments
xxxxxxxxxxxxxxxx
$ 104, 070.58
Amount Due
$ 5,625.42
$ 5,625.42
Estimated Percentage of Job Completed ........ :.:........................................................................ 1.00 %
Is Contractor's Construction Progress on Schedule? ................................................ E3 Yes Q No
I hereby certify that I have carefully inspected the work and as a result of my inspection and to the best of my knowledge and
belief, the quantities shown in this estimate are correct and have not been shown in previous estimates and the work has been
performed in accordance with the contract documents.
Approved by Association Representative:
Accepted by FHA Representative:
The Review and Acceptance of Partial Pay
Estimates by FHA does not Attest to the
Correctness of the Quantities shown or
that the work has been Performed in
accordance with the Plans and Specifications.
GERAGHTY & MILLER, INC.
(Name of Architect/ Ert - eering Finn)
By:
Senior Hydrogeologis J.
(Title)
By:
By:
(Title)
(Title)
. -- •._x.:- ,: .• 4 o w a.;,.iN; avu.ya uwya,...
02'
- `.' p,a ` ';fi�F6'-..szx:r:;!1m-w�,v. , '�ia2. � , e... tir.Vr � we. +"•h sem}..- $ ��`e
. �.1,�. 2-T!`"" .��''^t � �-'. � .. _ .� t ✓.h� .Tf''r'fi� -� .. ... ssa4�+"S : ..3vi.., ."•�. �-.9.._. -
.a.0.�F?�a:s�a7si++.c � - w'� r.e_.� - s;� �.. r.._.:: � - . ,�; r .! 't�'ti✓t. 7"�..n-u�ed:�3tAa���>��wt. _ - �1... e.r 3�. �v wn�};A
Indian River dounty
Floridan Aquifer Test Well
& Associated Work
Change Order No. 1
Adjustments per Sid Item:
1.0 Floridan Aquifer Test Production Well
1.1 12" casing
1.2 12" open hole
1.3 cement
1.4 development
1.5 pump test
1.6 standby
-17
ft.
+17
ft.
-176.4
c.f.
-14
hrs.
---
hrs.
+3.5
hrs.
Alsay-Pippin Corporation
P.O. Box 6650
Lake Worth, F1 33461
(680.00)
255.00
(2,646.00)
(700.00)
490.00
Item No. 1.0 Adjustment
2.0
Florida Aquifer
Monitor Well
ft.
(680.00)
2.1
10" casing
-5
ft.
(175.00)
2.2
10" open hole
+5
ft.
75.00
2.3
2" casing
+2
ft.
4.00
2.4
2" screen
---
ft.
-----
2.5
cement
+41
c.f.
1,025.00
2.6
gravel
+.25
c.y.
13.50
2.7
sand
---
C.Y.
-----
2.8
development
-5.25
hrs.
(262.50)
2.9
standby
+.25
hrs.
35.00
Item No. 2.0
Adjustment
3.0 Floridan Aquifer Observation Production Well
3.1
12" casing
-17
ft.
(680.00)
3.2
12" open hole
+17
ft.
255.0.0
3.3
cement '
-243
c.f. (3;•645.00)
3.4
development
-15
hrs.
(750.00)
3.5
pump test
---
hrs.
------
3.6
standby
+2
hrs.
280.00
Item No. 3.0
Adjustment
1981 -
r,
$ (3,281.00)
+ 715.00
$_ (4,540.00)
TOTAL CONTRACT ADJUSTMENT $ (7,106.00)
1
Efflak, Tl.k ml.
ADMINISTRATOR NELSON ANNOUNCED THAT THERE WILL BE A
WORKSHOP MEETING REGARDING FUNDING OF THE HOUSING FINANCE AUTHORITY
ON APRIL 29TH AT 4:00 P.M. IN THE CITY HALL COUNCIL CHAMBERS, AT
WHICH TIME HOUGH &-::.COMPANY WILL MAKE A PRESENTATION.. THIS WILL BE A
TRI -PARTY MEETING OF THE HOUSING FINANCE AUTHORITY, THE HOUSING
AUTHORITY, AND THE BOARD.
f
SOME DISCUSSION ENSUED REGARDING THE VARIOUS CONCEPTS
PROPOSED BY THE ADMINISTRATOR (A) A REVISED PETITION PAVING PROGRAM
-FOR COUNTY OWNED RESIDENTIAL STREETS, (B) AN ASSESSMENT PAVING PROGRAn
FOR MINOR EAST/WEST COLLECTOR ROADS ADJACENT TO THE INDIAN RIVER
FARMS WATER MANAGEMENT DISTRICT CANALS, AND (C) THE ROAD AND BRIDGE
CAPITAL IMPROVEMENT -PROGRAM.
IT WAS GENERALLY AGREED THAT A WORKSHOP WAS NEEDED TO LOOK
INTO THIS IN MORE DETAIL BEFORE ADVERTISING THE PROPOSED ORDINANCE.
CHAIRMAN LYONS SUGGESTED THAT THE BOARD MEMBERS MAKE NOTES OF ANY
DESIRED CHANGES OR ADDITIONS AND SUBMIT THEM TO THE ADMINISTRATOR
BEFORE MEETING ON THIS MATTER.
ADMINISTRATOR NELSON AGREED TO DEFER THIS ITEM AT THIS
TIME AND WAIT FOR THE COMMISSIONERS' COMMENTS.
l�.l ■ �' �'
OPIUM
_W1
ADMINISTRATOR NELSON REVIEWED THE FOLLOWING MEMO:
A
DATE
nai an River County April 7, 1961
Board of County Commissioners
r
FROM: Neil A. Nelson
County Administrator.
1. Description and Conditions
FILE:
SUBjEC $ : Funding of Right-of-way on
Storm Grove Road
REFERENCES:
Funding is necessary to pay for the acquisition of right-of-way on
Storm Grove Road in the amount of $51,733.00 to be paid to E. T.
O'Neill & Son Construction Corporation. This right-of-way was ob-
tained at the direction of the Board of County Commissioners.
Immediate payment is necessary.
2. 'Alternative and Analysis
The Department of Transportation in Tallahassee advises us that these
funds are available from our 5th and 6th Cents Gas Tax Trust Fund in
Tallahassee. However, the adrn•inistra ive procedure will require too
long a time.
3. Rocow ondation and Funding
Finance has recommended that we temporarily use the funds from our own
County Trust Fund 101-214-541-5533, which we will repay with the money
from Tallahassee. There ,gill also be some additional costs for attorney's
fees etc., which will bring the total to approximately $70,000.00.
Therefore, we also request permission to apply for this amount from the
County Road Trust Fund in Tallahassee.
4. Distribution
Mr. Ralph Evans, Attorney at Law
Jeff Barton
L.S. "Tommy" Thomas
5. Attachments
Minutes of Commission meeting held on April 4, 1975
Letter and supporting documents from Ralph Evans, Att'y
ADMINISTRATOR NELSON COMMENTED THAT THE COUNTY ORIGINALLY
ANTICIPATED PAVING THIS ROAD ON THE OFF SYSTEM ROADS PROGRAM, BUT
THAT PROGRAM IS NOW GONE. IT WAS AGREED WE SHOULD GO AHEAD AND
j
OBTAIN THE RIGHT-OF-WAY IN ANY EVENT, AND THE BOARD AUTHORIZED THE
i'
ATTORNEY TO PROCEED TO DO S0. THE ADMINISTRATOR STATED THAT WE
ARE NOW AT THE POINT WHERE WE NEED TO PAY OUT THE $51,733.00 TO
E. T. O'NEILL & SON CONSTRUCTION CORP.
RQG� 6 PAGE .
62
` p8lf
ATTORNEY COLLINS POINTED OUT THAT THE $51,733.00 IS JUST
THE PAYMENT TO THE PROPERTY OWNER; THERE ARE ADDITIONAL COSTS, AND
THE TOTAL COST SHOULD BE $59,371.53.
COMMISSIONER FLETCHER ASKED IF THE NEED FOR THE ROAD WAS
BECAUSE OF THE BENT PINES SUBDIVISION, AND HE WAS INFORMED THAT THE
ROAD WAS PLANNED FOR SOME TIME BEFORE THE SUBDIVISION WENT IN.
CHAIRMAN LYONS FELT THE BOARD WOULD HAVE A BETTER UNDER—
STANDING OF THE SITUATION IF THEY HAD BEEN PROVIDED WITH A MAP.
COMMISSIONER I"aODTKE INQUIRED IF THE ACQUISITION OF THIS
RIGHT—OF—WAY WILL GIVE US ALL THE RIGHT—OF—WAY NECESSARY, AND ATTORNEY
COLLINS STATED THAT THIS IS THE LAST PIECE; OTHER PIECES WERE
PREVIOUSLY CONDEMNED. HE COMMENTED THAT THE ACQUISITION DOLLARS CAN
COME FROM THE STATE GAS TAX FUNDS BUT BECAUSE OF THE TIME FACTOR,
AND THE NEED FOR IMMEDIATE PAYMENT, IT IS RECOMMENDED THAT WE
TEMPORARILY USE THE FUNDS FROM OUR COUNTY TRUST FUND, WHICH WILL BE
REPLENISHED.
DISCUSSION FOLLOWED AS TO THE ATTORNEYS' FEES INVOLVED,
AND ATTORNEY COLLINS EXPLAINED THAT PROPERTY OWNERS' ATTORNEY'S
FEES, FOR WHICH IT IS REQUIRED THAT HE BE REIMBURSED, WERE $13,500
PLUS OTHER COSTS FOR APPRAISALS, ETC., OF $4,500. THE FEES FOR THE
COUNTY;ATTORNEY'S FIRM AMOUNTED TO AROUND $4,00045,000. ATTORNEY
COLLINS NOTED THAT IT WAS FORTUNATE THAT THERE WERE A GREAT DEAL
OF MURPHY RESERVATIONS SO THAT THE COUNTY DID NOT HAVE TO ACQUIRE
ABOUT 90% OF THE RIGHT—OF—WAY.
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
BIRD, THE BOARD UNANIMOUSLY ACCEPTED THE RECOMMENDATION OF THE
ADMINISTRATOR IN HIS MEMO OF APRIL 7TH, AMENDING THE $70,000 FIGURE
TO $59,371.53,.
THE BOARD REVIEWED THE ADMINISTRATORS MEMO AS FOLLOWS:
63
TO: The Honorable Members of DATE: April 8, 1981
the Board of County Commissioners
FILE:
0 SUBJECT: Vero Shores Daybeacons Restoration -
Application. to Florida D.N.R. for
a Florida Boating Improvement Program
Grant
FROM: Nei 1 A. Nelson, REFERENCES:
County Administrator
DESCRIPTION AND CONDITIONS
During the September 5, 1979, meeting of the Members of the Board of County
Commissioners, approval was given to obtain proposals for reconstructing the
Vero Shores Daybeacons in the Indian River. This reconstruction was requested
by the U.S. Coast Guard. Since that time, ownership of the Daybeacons was
transferred from the Vero Shores Association to Indian River County by the
Coast Guard. Also, proposals to construct 10 Daybeacons meeting the -Coast
Guard standards were received. The estimated cost is $7,150.00, which includes
10% contingency. At this time the County staff wishes to apply for a.grant
from the Florida D.N.R. under the Florida Boating Improvement Program to fund
this reconstruction. As of March 20, 1981, Indian River County has $47,618.56
of unobligated funds reserved under this program.
ALTERNATIVE AND ANALYSIS
As this project is applicable under the Florida Boating Improvement Program,
the County staff has prepared the necessary applications and the attached
resolution authorizing the application for a $7,150.00 grant.
RECOMMENDATION
As concurrent with past Board direction, the following is recommended:
1. Approve application to the Florida D.N.R. for a Florida Boating Improvement
Program grant in the amount of $7,150.00 to construct the Vero Shores
Daybeacons in the Indian River.
2. Adopt the attached Resolution authorizing the application and designating
James W. Davis, County Engineer, to act as the County's liaison agent.
Funding of $7,150.00 to be obtained from the Florida Boating Improvement Program.
ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER
FLETCHER, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 8I-24 APPROVING
APPLICATION FOR FUNDS FROM THE FLORIDA BOATING.IMPROVEMENT PROGRAM
AND DESIGNATING COUNTY ENGINEER DAVI.S AS THE COUNTY'S LIAISON AGENT.
WHEREAS, the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA intends to apply to the State of Florida, Department of Natural
Resources for a Florida Boating Improvement Program grant of $7,150.00, to
construct sorely needed restoration to the Vero Shores Daybeacons; and
WHEREAS, said BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, does retaid-ownership, jurisdictional control, and 'maintain said
daybeacons; and
WHEREAS, restoration to these daybeacons will be in the interest of
all citizens of Indian River County;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, which was duly established by Special Act of the
Florida Statutes adopted on the 30th of June , 1925, that this official
document does hereby certify the Board of County Commissioners intent and
agreement to apply for the above mentioned grant, and additionally to strive
to implement the proposed improvements as delineated in the Grant Application
to which this Resolution will be attached;
AND FURTHER THAT, Mr. James W. Davis, P.E., County Engineer of Indian
River County Public Works Department, 2345 14th Avenue, Vero Beach, Florida,
32960, Phone (305) 562-4186, is hereby authorized to be the County Liaison person
charged with the responsibility to prepare, plan, and coordinate said application
and development program; and
BE IT FURTHER RESOLVED that this Resolution was passed by a vote of
to o of the Commissioners present.
Thi s 15th
Attest:
Fil�Jright, Cler
day of April
1981.
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
Patrick B. Lyons, Chai
5
FIRE DISTRICTS
CHAIRMAN LYONS ANNOUNCED THAT THE DISTRICT BOARDS OF FIRE
COMMISSIONERS OF THE NORTH AND SOUTH COUNTY FIRE DISTRICTS WILL
CONVENE PROMPTLY AFTER THE COMMISSION MEETING ADJOURNS.
a
RMBR ARCHITECTS—PLANNERS INC. AGREEMENT
AGREEMENT WITH RMBR ARCHITECTS—PLANNERS, INC., WHICH WAS
APPROVED AT THE MEETING OF .JUNE 18, 1980, HAS BEEN RECEIVED AND
PLACED ON FILE IN THE OFFICE OF THE CLERK.
APR 159$
66
J
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APR 15198 `BOO ac
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. 70070 - 70227 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 BEONDS 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 6:16 O'CLOCK P.M.
ATTEST:
Ai=L —zl) A--t-il
CLERK