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Home My WebLink About9/1/1982Wednesday, September 1, 1982 The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Wednesday, September 1, 1982, at 8:30 o'clock A.M. Present were Don.C. Scurlock, Jr., Chairman; Alfred Grover Fletcher, Vice Chairman; Dick Bird; Patrick B. Lyons; and William C. Wodtke, Jr. Also present were Michael J. Wright, Administrator; L. S. "Tommy" Thomas, Community Services Director; Gary Brandenburg, Attorney to the Board of County Commissioners; Jeffrey R. Barton, Finance Director; Neal Bird, Bailiff; and Janice Caldwell., Deputy Clerk. The Chairman called the meeting to order. Administrator Wright led the Pledge of Allegiance to the Flag. ADDITIONS TO AGENDA The Chairman asked if there were any additions to the Agenda. Finance Director Barton requested adding an item to the North County. Fire District Agenda regarding a Budget Amendment. _ ON MOTION by Commissioner_Wodtke,_SECONDED_by_._ _ Commissioner Fletcher, the.Board unanimously agreed to add the emergency item to the North County Fire District Agenda. Commissioner Fletcher requested adding an item to the Agenda concerning straw ballot procedures. . 51-P SF 3 f "X z C,'3,g, lC:.'+�.i'•bL',e.E=i' 4. xS�:[:.."�-r..--.d ._ a.4t« .. ca,. "r.�. ...� ._ — - �1_r,.: . ut..��.., c. ..r..:,e.«..�h.. '«.. -� .. �_ .-.a...-t.. ..._ .. .w -..� ... >.., ��_.._,n..u��r ..�.... t SEP 11992 MOTION.WAS MADE by Commissioner Fletcher, r% SECONDED by Commissioner Lyons, that the Board add the emergency item to the Agenda as requested by Commissioner Fletcher. Discussion followed, and it was determined to discuss procedures and to establish an advisory committee. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on -and carried unanimously - .BUDGET WORKSHOP Administrator-Wright.reviewed possible dates for having the Budget Workshop, and the Board determined that it would be held on Wednesday, September 8, 1982. APPROVAL OF MINUTES The -.Chairman asked if there were. any additions or corrections to the Minutes of the Special Meeting of July 27, 1982. ON MOTION by.Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously approved the Minutes of the Special Meeting of July 27, 1982. CLERK TO THE BOARD A. Budget Amendment - Over -Budget of Accounts _ Finance Director Barton referred to his memorandum of August 25, 1982 and noted that the Account Number for Engineering Services should be corrected to read 001-101-511-33.13. He then reviewed the other items, as follows: TO: Board of County Commissioners FRO Jeffrey K. Barton Finance Director DATE: August 25, 1982 FILE: SUBJECT: Over Budget Accounts REFERENCES: The following Budget amendments are necessary due to the over budget of accounts: Account Title Account Number Increase Decrease Regular Salaries 001-212-537-11.12 600. Retirement 001-212-537-12.12 325. .-Rent-Buildings 001-212-537-34.42 2,137. Fuel & Lubricants 0.01-212-537-35.21 700. B.C.C. Contingencies 001-199-513-99..91 3,762. Overtime 001-220-519-11.14 750. Jani-tortal ServrfZes 001-220-519-33.41 521. Mai-nt.-Air Condi'ti'oning 001-220-519-34.62 1,000. License & Permits 001-220-519-34.97 50. Office Supplies 001-220-519-35.11 500., Expendable Tools 001-220-519-35.26 250., Qther Qperat i;ng Suppi res 0.01-220-5.19-35..29 100 �. B;C;Ct Contigenc 3,171. Rent -Buildings 001-220-519-34-.42 _. 1,571.. B.C.C. Contingencies - 001-199-513-99.91 1,571; Electric Services 001-904-516-34.31 1,888. B.C4* Conti.ngencles. 001=199-513-99.91 1"1888. Qth.er Reporter.Servi;ces 001-905-516-33.32 10:000. :B.C:C, Contingencies• 001-199-513-99.91` 10,000, Soil Conservation Services 001-110-537-88:29 255. B.C.C. Contingencies - 001-199=513-99.91 - 255. Engineering Services 001-101-511-33.12 6,040.' Other Professional Services 001-101-511-33,19 15,000., Other Contractual Services 001--101=511-33:49 1,350. All Travel 001-101-511-34.02 --500. Outside Printing 001-101-511-34.72 1,900, _ Legal Ads 001-101-511-34.91 1,200.. - - Other -Operating Srjppl es• - -001-"101-511-35.29 140.. Dues -Memberships 001-101-511-35.42 72. B.C.0 Contingencies 001-199-513-99.91 26,202. St. Francis Manor 001-106-562-88.46 1,000.. B.C.0 Contingencies 001-199-513-99.91 1,000. Regular Salaries 001-201-512-11.12 17,000. Social Security Matching 001-201-512-12.11 1,139. Retirement 001-201-512-12.12 1,859. B.C.0 Contingencies 001-199-513-99.91 19,998. Advertising except Legal 001-203-513-34.81 800. Office Supplies 001-203-513-35.11 200. Other Operating Supplies 001-203-513-35.29 250. Books -Magazines 001-203-513-35.41 200. 'Meetings & Seminars 001-203-513-35.43 110. B.C.0 Contingencies 001-199-513-99.91 1,560. Regular Salaries 001-206-553-11.12 930. B.C.0 Contingencies 001-199-513-99.91 930. Regular Salariesi- 001-210-572-11.12 3,700. Retirement 001-210-572-12.12 1,000. B.C.0 Contingencies 001-199-513-99.91 4,700. Regular Salaries 001-211-564-11.12 700. Social Security Matching 001-211-564-12.11 48. Retirement F 001-211-564-12.12 75. -Food E Dietary 001-211-564-35.28 300. 'B.C.C. Contingencies 001-199-513-99.91 1,123: F^.rm i n n i n i i sE`�L 3 .. AgE Ep 11982 f �r ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously approved the Budget Amendments due to over— Of budget of accounts, as recommended by the Financial Director in his memorandum dated August 25, 1982. B. IBM System/3 Computer System Surplus Property The Board next reviewed the following information from Ed Fry, Assistant Finance Directors August 23, 1982 To: Board of County Commissioners From: Finance Department Subject: IBM System/3 Model # 10 Computer System Gentlemen: Presently, we have the IBM System/3 Model # 10 in storage. We no longer use this computer and would like for you to declare the IBM System/3 Model # 10 surplus property. We have attached a list of components. We also have approximately 50 disks that were used on the IBM System/3 Model # 10. The system we -presently have does not use removable disks. Therefore,.we would'like you to declare the disks surplus property. The purchasing department has agreed to dispose of this surplus property in accordance with state statutes. if you have any questions, please let me know. Thank you for your consideration in this matter, EF:gms Enc. Sincerely yours, Ed Fry Assistant Finance Director The IBM System/3 Computer System is composed of the following components: 5410 Processing Unit Serial No. 12675 with features: Model A14 8220 3972 9208 4110 9496 4501 MB7340 4502 SC4106 5732 sc41W 6378 5203 Printer Serial No. 20298 with features: Model 3 9222 - 5560 9662 5422 Disk Enclosure Serial No. 10908 with features: Modell 9401 5444 Disk Drive Serial No. 53056 with features: Model 1 5444 Disk Drive Serial No. 56662 with features: Model 1 5471 Console Typewriter Serial No. 23234 with features: Model 1 IBM 3741 Data Station Serial No. 102?3 with features: Model 1 3265 6123 3891 6677 4002 9018 IBM 3741 Data Station Serial No. 28086 with features: Model 1 4002 6123 Disk Cartidges - Single Platter, Top Load for IBM 5444 Disk Drive Approximately 50 each. Currently the above is in storage with the IBM Maintenance Contract Suspended. ON MOTION MADE by Commissioner Lyons, SECONDED by Commissioner Wodt9ce, -the Board unanimously - agreed to declare the IBM equipment as surplus, as indicated in the memo dated August 23, 1982, and that staff proceed with the steps for the disposal. CONSENT AGENDA Commissioner Fletcher requested that Items A & B be removed from the Consent Agenda. ,1 C. Pistol Licensing Ordinance — Request to Advertise The Board.reviewed the following information: -� �usz TO: Chairman Don C. Scurlock, Jr. Members of the Board County Commissioners DATE: August 25, 1982 FILE. and of SUBJECT: 'Uniform Pistol Licensing Ordinance Amendments FROM: Christopher J. Paull REFERENCES: Assistant County Attorney The attached proposed amendments to Ordinance 79-27, governing the issuance of concealed weapons licenses have been placed on the agenda for first reading. If satisfactory, it is requested that this ordinance be scheduled for second reading and a public hear- ing. The amendments are intended to accomplish the following purposes: 1. To delete the requirement that any firearms safety and.handling course designated by the Board meet the stringent requirements of the State's Class "G" investigator's license course. You will recall that the course designated in the past was determined to fall short of meeting the Class "G" requirements stated in"the ordinance. The Sheriff's Office will be upgrad- ing the present course to an appropriate level, including a proficiency requirement for satisfactory completion and an enrollment fee to offset the cost of conducting the course. An outline of the proposed course is included and will be presented in final resolution format in advance of the public hearing on the ordinance amendments. 2. The amendments clarify the application review procedure and provide an applicant with a chance for redress in the event of a denial or revocation by appealing to the Board for a full hearing. 3. The proposed amendments also address the necessity to search available state and federal records through fingerprint card examinations to determine whether applicants are eligible for a permit. In the past, a strictly local investigation had been conducted. Once the Board has scheduled'a public hearing on the amendments, this office will prepare resolutions required by the ordinance which designate a revised application form, application fees, and the upgraded firearms safety and handling course to be provided by the Sheriff's Office. It is.contemplated that in addition to an application fee covering review of the application and background examination, there will be a course enrollment fee which shall be payable directly to the Sheriff's Office at the time -an applicant enrolls in the course. Respectfully submitted, Christopher J. Paull ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously approved the request to advertise for a public hearing concerning the Uniform Pistol Licensing Ordinance Amendments. D. Out -of -County Travel - Options for Floodplain & Wetlands Management Meeting ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously approved Out -of County travel to Gainesville, Florida, September 16-17, 1982 for the Local Options for Floodplain & Wetlands Management Meeting, to any Board member who wished to attend. E. Indemnity Agreement from W. B. Herrick ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously adopted Resolution 82-84 authorizing the acceptance and.approval of an Indemnification Agreement for.Certain Encroachments within the County Right -of -Way for 1st Street SW. �•• �1 N� 7• ` IS SEP 11$2 RESOLUTION NO. 82- 84 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE ACCEPTANCE AND APPROVAL OF AN INDEMNIFICATION AGREEMENT FOR CERTAIN ENCROACHMENTS WITHIN SHE COUNTY RIGHT-OF-WAY FOR 1ST STREET S.W. WHEREAS, during the improvement of 1st Street S.W., the County Engineer discovered that there presently exist certain encroachments within a portion of the right-of-way dedicated previously to the County by the developer of the Bobbi "J" Subdivision; and WHEREAS, upon request by the County, the -encroachments have been removed by the owner, with the exception of a portion of a concrete archway and driveway structure, three --domesticated - - - trees, -and a sprinkler fixture, none of which appear to present a major hazard to right-of-way users; and WHEREAS, to effectively reduce any remaining potential liability to the County for permitting the remaining obstructions, the owner has executed the attached indemnity agreement and has obtained insurance coverage to support his promise of indemnity; and WHEREAS, the removal of the major obstructions together with indemnification by the owner for those remaining isa reason- able solution to the matter at hand. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the foregoing recitals are ratified and affirmed, and the Chairman and Clerk are authorized to execute the attached indemnification agreement and have same filed with the Clerk of the Board. The foregoing resolution was offered by Commissioner Lyons who moved its adoption. The motion was seconded by Commissioner Bird and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice -Chairman A. Grover Fletcher Aye Commissioner Patrick B. Lyons Aye Commissioner William C. Wodtke, Jr. Aye Commissioner Dick Bird Aye The Chairman thereupon declared the resolution duly passed and -adopted this 1st day of September, 1982. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By C DON C. SCURLO R JR. �r Chairman Attest:'. FREDA WRIGHT,Cl&kk � APPROVED -,O FORM 4T AND LEGA F IENCTn By CHRISTO ER AULL Assist46t.County Attorney e'• -27 NOW - J -1 PE, , Rv SSP 11982 M BOARD OF COUNTY COMMISSIONERS GARY M. BRANDENBURG. 1840 25th Street, Vero Beach, Florida 32960 county Attorney 04-i (305) 567-8000 Board of County Commissioners 1840 25th Street Vero Beach, Florida 32960 Re: Indemnification of Indian River County for Right -of -Way Encroachments Gentlemen:- We, entlemen: We, William B. Herrick and Minerva T. Herrick, his spouse, are the owners of Lot 1, Bobbi "J" Subdivision, Plat Book 9, Page 13, Public Records of Indian River County, Florida, also known as 3620 1st Street S.W., Vero Beach, Florida. Over the years in the development of our lot, certain encroachments onto the adjacent County right-of-way occurred and presently exist. These encroachments are indicated in the attached drawing and include a concrete archway, a portion of a concrete driveway, two citrus trees, a palm tree, and a sprinkler pipe. In consideration of the County's allowing the above encroachments _ to remain in .the right-of-way for our enjoyment, we hereby agree to indemnify, hold harmless, and defend on behalf of the County, against any and all claims for injury or loss to property, persons, or life, which are alleged to have resulted from the existence of said encroachments within the right-of-way. We further agree to maintain liability insurance coverage against this risk in the amount of $100,000 per claimant/$300,000 per occurrence, and to name Indian River County as payee or co-insured on said policy. Evidence of coverage in the form of a certificate of insurance shall be -presented to the County within twenty days of the date of this letter. We shall also have our insurance company provide the County with thirty days notice prior to any termination of the policy so that necessary adjustments can be made. In witness whereof, we have placed of , 1982. - 9. 1 witpess ACCEPTED BY BOARD OF COUNTY COMMISSI NERS oz DON C. SCUR',GOC F,<<,IR. , (ha;i Attest: FREDA WRIGHT,.Cle PO4Yfi rman our.signatures this l day WILLIAM B. HERRICK *9,. RVA T. HE I , his sp se S6 .:e.'. 77, '04 A4iis- I {, f ..:. Y ., •.--�, .�:...._, _ : • •' ( SA) L-,ot 0 H E_ 'Ate -11 Z5. Ln ago"" .......... ..... t -A t �-ZCCMP ................... A% L ago"" _ out' SEP 1-198Z': qft r t Ca u + I CERTIFICATE OF INSURANCE BLOOMINGTON, ILLINOIS , This is to certify that the Company indicated above has the following insurance in force: POLICY ORTGAGEE POLICY EXPIRATION LOAN NUMBER NUMBER 79-0394907-0 DATE 8/2/$3 (IF APPLICABLE) NAME AND ADDRESS OF PARTY TO WHOM NAME AND ADDRESS OF CERTIFICATE.IS ISSUED OTHER INTERESTED PARTY r- _1 r -I Board of County Commissioners ADDITIONAL INSURED: of Indian River County Indian River County 1840 25th Street 1840 25th Street Vero Beach, F1 32960 Vero Beach, F'1 32960 L J L J OLD viii§— LOCATION OF UNIT (IF DIFFERENT THAN SHOWN ABOVE) NAME OF INSURED William B. & Minerva Herrick (ASSOCIATION) ADDRESS P.O. Box 6501 , Vero Beach, F1 32960 LOCATION OF PREMISES: (IF DIFFERENT THAN SHOWN ABOVE) No.1 3620 1st Street, S.W., Vero Beach, F1 32960 No. 2 No. 3 No. 4 Premises described above and with respect to those coverages and kinds of property for which a specific limit of liability is shown below are subject to all of the terms of the original policy available at the Office of the Association or Named Insured including forms and endorsements made a part thereof: LIMIT OF LIABILITY COVERAGE PERCENTAGE Loa No. BIGg. No. Loa No. Bldg. No. Lot. No. Bldg. No. Loc. No. Bldg. No. APPLICABLE A. Building(s) $100,000 $ $ $ SECTION B. Personal Property $ 70,000 $ $ $ I Addl. Cov. (Specify by Name) PROPERTY $ $ $ $ COVERAGE $ Is is is - $ Is Is Is $ Is Is Is SECTION COVERAGE LIMIT OF LIABILITY II C. Bodily and Personal Injury and Property Damage Liability $300,000 each occurrence $�00 aggregate LIABILITY D. Premises Medical Payments $ . each person $ 2-5,000 each accident COVERAGE gTA/g sAR16 THIS CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE A 1! Y NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE AFFORDED BY THE POIR #1 IRIm Li Bob Grfce Insurance Agency, Inc. 2175 - 20th St., Suite A, Oak Plaza Vero Beach, Florida 32960 Phone: Off. 305 567-1106 Agent - State Farm 8/20/82 F .2Signature of Authorized -presentative Title Date on. r A. Site Plan Extension - Don Meeks Auto Service The Board reviewed the following information dated August 2.3, 1982: TO: The Honorable Members of DATE: August 23, 1982 FILE: the Board of County IRC -8I -SP -92,# 658 Commissioners THROUGH: Michael Wright County Administrator REQUEST FOR SITE PLAN SUBJECT: EXTENSION FOR DON MEEKS DIVISION HEAD CONCURRENCE: AUTO SERVICE atric Bruce ing, P FROM: Art Challacombe REFERENCES: Planning Division Mgr, d Letter from Donald F. Meeks dated Aug. 11, 1982 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners. DESCRIPTION AND CONDITIONS: On August 13, 1981, the Planning and Zoning Commission approved a site plan application for a 2,97.6 square foot metal building to be used for import automobile service and sales. The proposed 1.48 acre site is located on the east side of 43rd Avenue between 1st Street and 2nd Street. In a letter dated August 11, 1982, Mr, Donald Meeks requested a site plan extension because he lacked the funds to begin construction of the project. Granting the request for site plan extension will set an expiration date of August 13, 1983. The site is zoned C-1, Commercial with a land use designa- tion of LD -2, Low Density (maximum 6 units/acre). RECOMMENDATION: The site plan meets the requirements of the Zoning Ordinance. Although the project site is not designated for commercial use under the provisions of the Comprehensive Plan, the site plan application was submitted and approved prior to adoption of the Land Use Element. Therefore, staff recommends grant- ing a one year extension of the site plan approval. I/ MOTION WAS MADE by Commissioner Wodtke, SECONDED by Commissioner Bird, that the Board approve the site plan extension, as recommended by staff in the memo dated August 23, 1982. A brief discussion followed. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried with a vote of _. 3 to 2, Commissioners Fletcher and Lyons voting in opposition. B. Out -of -County Travel - SACC Annual Conference MOTION WAS MADE by Commissioner Wodtke, SECONDED by Commissioner Bird, that the Board approve Out -of -County travel to attend the.SACC"Annual Conference in Ft. it Lauderdale, October 13-16, 1982, as requested by the Chairman, Administrator, Attorney, and Public Works Director. 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. PEBBLE BAY WASTEWATER SYSTEM IMPROVEMENTS - CHANGE ORDER 7 The Board discussed the following information: =k4 10. a r � TO: Honorable Members of DATE: August 25, 1982 FILE: Indian River County Board of Commissioners THROUGH: Michael Wright, County Administrator SUBJECT: Change Order No. 7 to Pebble Bay Wastewater System Improvements FROM: George Liner REFERENCES: ti pJJG 1082 Utilities Manager - c� rG:�t a of s wee DESCRIPTION AND CONDITIONS: The contract was originally bid to have the gravity main jacked and bored under AlA in the vicinity of the Vera Cruz lift station. In the process of installing the new lift station, it was decided by the con- tractor that it is too difficult (if not impossible) to jack and bore the gravity main because of conflict with -other utilities such as the lift station, Vero Beach water main, and telephone cables. Permission and regulations for open cut were obtained from Florida DOT to make the open cut. This comprises traffic control, backfill densities, and repaving to.DOT specification. These negotiations, meetings, discussions, and permits have taken some time. The contractor has requested an extension of 7 days to the contract for the delays in obtaining the commission approval for this change order. - ALTERNATIVES AND ANALYSIS: The choice of an alternative is moot since the open cut installation of pipe is the alternative. Normally, to jack and bore cost more than open cut for pipe installation. In*this case, it is felt that the regulations .of DOT will result in negligible savings. This contract work has much that remains to be done by the completion. date of August 30, 1982. The commission meeting of September 1, 1982, at which this change is requested for approval is after the presently contracted completion date. Therefore, it is appropriate that a - - scheduYed extension -be granted for completion of the open cut work. RECOMMENDED AND FUNDING: A figure was negotiated with Bain Underground, Inc. for time and materials not to exceed $3,500.00. This is the figure used for the bid to jack and bore under AIA. Therefore, there will be no additional cost to the county resulting from this change order. It is recommended that the commission approve Change Order No. 7 on a time and material basis not to exceed $3,500.00 This change order should be accompanied by a,one week extension of the contract. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously accepted the recommendation of staff to approve Change Order No.. 7, not to exceed $3,500. v" I�"„.�147 t� ' SECTION M CONTRACT CHANGE ORDER FORM 4_'1: Contract No. Date ` �Au- ust 16, 1982 Change Order No. 7 Location - Pebble Bay Sewerage Area To: (Contractor) Bain Underground Utilities You are hereby requested to comply with the following changes from the contract drawings & specifications Item Description of Changes - Quantities, Units, Unit Prices, Decrease in • Increase in No. Change in Completion Schedule, Etc. _- Contract Price Contract _Price l The contractor shall construct Bid Item No. 19 by -0- the "Open -Cut" method in accordance with the MOT Special Provisions in lieu of the Specified Jack and Bore method. Payment for the open -Cut method will be made on a time and material basis (see attached), with a not to exceed figure of the original Bid amount of $3,500.00. Change in contract price due to this Change Order: -0- Total Decrease $ -0 xxxxxxxxxxx Total Increase I xxxxxxxxxxx S -0- Difference between Col. (3) and (4): ' 'S S -0- Net (increase) (decrease) contract price S -0- S -0- The sum of S -0- is hereby added to, deducted from, the total contract price; ,ant the total adjusted contract price to date thereby is S 1212218.35 :? The time provided for completion in the contract is tYd(AMW, Increased, -OKOt) KOM by ;spvPn (7)_ calendar days. This document shall become an amendment to the contract and 'all provisions of tht contract will apply hereto. Accepted by: 2. Co ra or Dale Recommended by: 51ell 'rtg�� ate • 14 o Requested by: Owner Datc NOTE: Work performed under this change order prior to ' Owner's concurrence -is at the Contractor' risk. c. .-, Approved as to to rn and legal iic- n B G "f. Brandertb rg M-1 C Univ At:nr. 77- SIP 1 �9�� M ��} �� ' SECTION M CONTRACT CHANGE ORDER FORM 4_'1: Contract No. Date ` �Au- ust 16, 1982 Change Order No. 7 Location - Pebble Bay Sewerage Area To: (Contractor) Bain Underground Utilities You are hereby requested to comply with the following changes from the contract drawings & specifications Item Description of Changes - Quantities, Units, Unit Prices, Decrease in • Increase in No. Change in Completion Schedule, Etc. _- Contract Price Contract _Price l The contractor shall construct Bid Item No. 19 by -0- the "Open -Cut" method in accordance with the MOT Special Provisions in lieu of the Specified Jack and Bore method. Payment for the open -Cut method will be made on a time and material basis (see attached), with a not to exceed figure of the original Bid amount of $3,500.00. Change in contract price due to this Change Order: -0- Total Decrease $ -0 xxxxxxxxxxx Total Increase I xxxxxxxxxxx S -0- Difference between Col. (3) and (4): ' 'S S -0- Net (increase) (decrease) contract price S -0- S -0- The sum of S -0- is hereby added to, deducted from, the total contract price; ,ant the total adjusted contract price to date thereby is S 1212218.35 :? The time provided for completion in the contract is tYd(AMW, Increased, -OKOt) KOM by ;spvPn (7)_ calendar days. This document shall become an amendment to the contract and 'all provisions of tht contract will apply hereto. Accepted by: 2. Co ra or Dale Recommended by: 51ell 'rtg�� ate • 14 o Requested by: Owner Datc NOTE: Work performed under this change order prior to ' Owner's concurrence -is at the Contractor' risk. c. .-, Approved as to to rn and legal iic- n B G "f. Brandertb rg M-1 C Univ At:nr. BAIN ' UNDERGROUND UTILITIES, INC. August 16, 1982 Randy Mosby Sverdrup & Parcel 1536 20th St. Vero Beach, F1., 32960 Re: Open Cut on AIA Pebble Bay Sewerage Area Engineer's Project #6765 Dear Randy: P. O. Box 447 Vero Beach, Florida 32960 305 - 567-5651 Per your phone conversation with my secretary I am sending you my time and material prices for the open cut on AIA. They are as follows: Superintendent 25.00 per hour Foreman 15.00 per hour Laborer 12.00 per hour 310 Backhoe 30.00 per hour 350 Bulldozer 30.00 per hour 680 Backhoe 35.00 per hour • 690 Backhoe 45.00 per hour 444 Loader 35.00 per hour R-40 Ditch Witch 30.00 per hour Dump Truck 27.50 per hour Policeman for Traffic Control Cost + 10% - - - - All other costs incurred to be billed at Cost + 10% to include but not limited to, Compaction, Density Tests, Equipment, Lime Rock, And Ashphalt, etc. Sin rely, e - fC 4,�64 Gary 7Unerground+Utilities, heidt, President Bain Inc. GCS/gse SEP 11982 SERVING FLORIDA MORE THAN 25 YEARS 51 PA,0A 9 I r bt !,P 11982 JUIN 231962 • SVERDRUP & PARCEL AND ASSOCIATES, D.14 VERO BEACH, FLORIDA 'SPECIAL REQUIREMENTS FOR RESTORATION OF RIGHT OF WAY 1. At any and all open cut crossings, a minimum of one-way traffic will be maintained during the daylight hours and the normal flow of traffic will be maintained at night. All traffic detours will be restricted to the limits of Department of Transportation Right of Way with necessary flagmen and marking devices. These detours will be approved by the Maintenance or Resident Engineer.' Detour of traffic outside of Department of Transportation Right of Way will be considered with the approval of local governmental agencies involved. 2. All necessary signs, flagmen and other safety devices.witi be -.used in accordance - with the Department's Safety Manual. 3. Alt side drains, side ditches and storm sewers will be referenced as to grade and location prior to construction. 4. A minimum of two density tests shell be taken for each six (6) inch lift of subgrade and each lift Df base material at each open cut crossing. When the specified compacted base is greater than six and one-half (6-1/2) inches, the base shall be constructed in two or more coufs.es. Proctors for materials used in backfilling shall be obtained by a certified laboratory. Density tests shall be conducted by a certified laboratory or the Permittee's Consultants. The percentage of maximum density required shall be in accordance with the latest edition of the Department of Transportation Standard Specifications at the time the permit is issued. All density tests shall be completed and accepted on each layer prior to additional backfilling. A copy of all completed and accepted density tests shall be furnished to the State of Florida Department of Transportation upon request. S. Shoring will be required where necessary to protect existing pavement. 6. All correspondence regarding construction procedures will be handled directly with the Permittee or their_Consultants and not through a contractor or sub -contractor. i. At such locations where Department of Transportation signs"and reflectors wi 11 Interfere with proposed construction, the Permittee or his Consultants will notify the Maintenance Engineer 24 -hours in advance of starting work. All signs and reflectors will be removed or relocated only by Department of Transportation Forces. Any signs or reflectors damaged, destroyed, removed, or relocated, will be replaced by the State of Florida Department of Transportation at the expense of the Permittee. W -0th tw) lgd worface fie X IOCeMent I NMI R OL Id 2 oil 1\ N veto 4eb. Tr GG 0Ir7 Cil; Repkxrement Bwe l.5' TAAM See Loi ft tion CoitcHd-&i oltcb umReplaccol twe material orcip OF/tIch JW/ be ALACC Me MICAOns" of ift original bale WO&M fla&rAll Jhall be ACed A7 &V F -T- ff- V dwF • p S i . /fy' i�►•ies ou or ftre Awers and each foyer vwhhl ro/led Or tQrrped to I. Type: S-1 Aspha-1-f wD I ia-vspd-f� t, r. Pawgreen Z.. The ci6rte 8"M ties' to. •f0m • t jho# pfecloakolhl sowed. 41 pav"" 4 the 0*6 .Pose JAW1 be IOP,,WOF Ore &OACrM. with arlimn? arraca JX9rCH %.SHOWING P - AcE14&vr or AL exr94E PA vEm R'Nr MYER E PZRAMSSION h,145 BEEN GRA NrED ro cvr *pA vEI4,cNr Drp,*1?7-bfEN r --exp- Lo P-! iN -sp o 19 r-4 CID H rA . L` :n w 1'111►h•1•'IC CONr1101, ASD NAFE i'ItM3'iI:FN I•'OK s,rjuB'r AND UIGI AAY CO.NsulL(3-10N, MA N'1'E.M.NCE AND 1 1'll.lt 1 1►1'F.li k-1-11) -'s FLORIDA DEPAIUCHEVI' OF TR:►.N5I'OH'rX1*I ) rlAOsuN (\ ROAD AN[AD low rt. + -- ay-c;a`�.. wOsisEA i•►t30 1 AMt►D sos Wit I!fLi- I i r ' t - :Doo $A.. _ —soo— 'T'—'sea—.i--��.1.e .'l ' r�ton C Ierrt•adu of 73 h. C•wior. Cleo ser 0 Berrkede• as 30 tr. Ceeters. RAGMAN C0 AHEAD N ONE RANI AHEAD WAD TYPICAL APPLICATIONS '�h•°' loon I >+ Pavement Patch Utility Operations GENERAL NOTFS L L equals length of taper. S. When a tide road 'mtersitch the highway W equals width in feet of lateral transition. on which work is being performed additional SYMBO1S S equals normal legal speed limit in MPH. traffic control devices $half be erected as r L = WS directed by the Engineer. r•►l-E I11 Work Area t Construction operations shall be confined 6. Longitudinal dimensions may be adjusted j to one traffic lane, leaving .the opposite slightly to tis field conditions. TWO-LANE, TWO WAY TRAFFIC, I t� Sign with 18" x 18" (minimum) orange 1 nag. See Nate 9. lane open to traffic Al least $t>D it. of both :, An vehicles, equipment, men ( except RURAL DAY OPERATIONS ONLY traffic lanes shall be available for traffic flagmen ) and $hair activities are restricted t 1 O Class a, C or D Barricades nt at interval$ not greater than at an times to one side of the pavement Whore, of any ►:me, any vehicle, 1.000 FL unless otherwise outhorixod by the Engineer. equipment, men at their activities will I " 1 Sign on portable or permanent support a 3, if the work operation does net exceed 60 Y k) • ' Y minutes, traffic control win be in conformance do not reflect pavement markings. til a • Flagman with Case VIL a� I Class 0 or 0 Barricade* 4. The flagman shall be in light of each other 9. 18" st 18" (minimum) orange flag is mandatory a } + or in diad communication W an times t• `* r 4,• f + r G t j, tis( • at' S ,� ;) • �r 4 AOOrovedc 1 4 �I r. 1 ar: t 1 r :n w 1'111►h•1•'IC CONr1101, ASD NAFE i'ItM3'iI:FN I•'OK s,rjuB'r AND UIGI AAY CO.NsulL(3-10N, MA N'1'E.M.NCE AND 1 1'll.lt 1 1►1'F.li k-1-11) -'s FLORIDA DEPAIUCHEVI' OF TR:►.N5I'OH'rX1*I ) rlAOsuN (\ ROAD AN[AD low rt. + -- ay-c;a`�.. wOsisEA i•►t30 1 AMt►D sos Wit I!fLi- I i r ' t - :Doo $A.. _ —soo— 'T'—'sea—.i--��.1.e .'l ' r�ton C Ierrt•adu of 73 h. C•wior. Cleo ser 0 Berrkede• as 30 tr. Ceeters. RAGMAN C0 AHEAD N ONE RANI AHEAD WAD TYPICAL APPLICATIONS '�h•°' loon I >+ Pavement Patch Utility Operations GENERAL NOTFS L L equals length of taper. S. When a tide road 'mtersitch the highway W equals width in feet of lateral transition. on which work is being performed additional SYMBO1S S equals normal legal speed limit in MPH. traffic control devices $half be erected as r L = WS directed by the Engineer. r•►l-E I11 Work Area t Construction operations shall be confined 6. Longitudinal dimensions may be adjusted j to one traffic lane, leaving .the opposite slightly to tis field conditions. TWO-LANE, TWO WAY TRAFFIC, I t� Sign with 18" x 18" (minimum) orange 1 nag. See Nate 9. lane open to traffic Al least $t>D it. of both :, An vehicles, equipment, men ( except RURAL DAY OPERATIONS ONLY traffic lanes shall be available for traffic flagmen ) and $hair activities are restricted t 1 O Class a, C or D Barricades nt at interval$ not greater than at an times to one side of the pavement Whore, of any ►:me, any vehicle, 1.000 FL unless otherwise outhorixod by the Engineer. equipment, men at their activities will I " 1 Sign on portable or permanent support a 3, if the work operation does net exceed 60 S. Arrows denote direction of traffic only and encroach in the area between the center t minutes, traffic control win be in conformance do not reflect pavement markings. line and aline 2 Is. out$ids the edge • Flagman with Case VIL of pavement. I Class 0 or 0 Barricade* 4. The flagman shall be in light of each other 9. 18" st 18" (minimum) orange flag is mandatory or in diad communication W an times 10. One flagman may De eliminated where the conditions of Section 6E-7 are met. 1 ;) 11. For interpretation . relsrto 6A -S, ►aro•traph S. AOOrovedc 1 4 • 7 kZ,/ ,j its.I - � May •i.5 � y+lS J TRAFFIC CONTROL AND SAFE PRACTICES FOR STREET AND HIGHWAY CONSTRUCTION, MAINTENANCE AND LITILITY OPERWOONS FLORIDA DEPARTMENT OF TRANSPORTATION AWb ow *air cae*6 at *3 looked*, of _j ows way, CNN ommucno AX2A6 %whze. =:T whwe. eoeelpsoose. sove, ftACA"n I 400K "Zt,= the of"vin .t.ANIAD I U"I :.w. sues more sheoi 200 N. bo"ad am,-.= 72 _serj 'cow coo" &I 7XILrdleedow ter 1 "r G. Owes, W.V. 0. teee dp-��=4-lA0 . w milt. cc%p 0 W -INF--:- = Co. SYMBOLSm 4w 0 cua 6 swrim" MW*& Am* aso WN& U"Xllr towbanwal - j� >Raw Ue *oft IL ISNP — pwNbM w pwoumm" wppea er'spowm it Clan , C w 0 sankaole bVia *emir fc- , rbe1w of niab* sodyl. can c swwkmfo to be w"d dwrwe daynow been quilk. ra I F, .4 t— TYPICAL APPLICATNDM etw GENERAL NOTES IL VVpw 6 BerwWooks with shmdy bo�lag O be im slow of On& 6. !VT %Aft jwn be mw in rww of me" 1w mak.0 -,. - 1= an ws cioa@xvotn',--*. •40 flo 2. W"Mtbo wwk -or" $.& &moo "floo, , - , -, , md / w T. F4w alaiwt aperaNe" T"w "B" %bN " he lud?w 06w* *6 raw two TWO-LANE, TWO WAY-TtAfflCo, LMWID,-URBAK bAY CA ED - woonviag $;a" AaU d s4ft as — apprOG& . "Pell L Lawaftudlawl be di I Now OPERATIONS� Pw 0 mdr* WHWU M lalmsedive, 4"k" stfull be orodoi in wrawdosawn WA c"o xx. 4L 0 do wt/ek wee b To &w parM qg lone mod 9. AU vobklo% s"tponad , sam, (mew flasamot I md Oki* wWwbi" am ed id mew OwApme"w"a w *0b . d6e poorklas mhft $wvine ire& lRnym a CONSTRUMON be bwfti&q of an Now$ to one of on eFum, 6m is ftiw�ar AHyQ sl" at#*# 2001L is ad on" dw im4 or" we to wahm odwrwk* wA ad "A *wonss or harckpam. IML Is -an- ( mbwann"ema) o wqo F." b atottdetory L 5 dm we& .pwdi.a 16 pariww.d to dar6sit — and do" No octal U nhwo� *plus IL AN win" .600 be Pow Immew v do AA be in conleemeam wbb Case VOL 26. .Z A boar.. 10-3-37 ra TO:. The Honorable Members of the Board of County Commissioners THRU: Michael Wright, County Administrator DATE: August 25,` 1982 FILE: SUBJECT: Award of Bid - IRC #132 - Scale Reading Theodolite and Tripod FROM: James W. Davis, P.E. , REFERENCES: Public Works Director DESCRIPTION AND CONDITIONS During the FY81-82 Budget Session $3,775 was approved in Account No. 102- 243-519-66.41 (Dept. of Public Works, Capital Outlay) for the purchase of a Scale Reading Theodolite and Tripod for use by the County Survey Department. Bids were received August 24, 1982 from seven suppliers. The low bid in the amount of $1,560 was submitted by Florida Level and Transit for a Topcon Instrument. The second low bid was submitted by Ben Meadows Co. for a Lietz TS20A in the amount of $1,980. ALTERNATIVES AND ANALYSIS The County Surveyor has indicated that the Lietz TS _20 A is a superior in- strument and will meet the immediate needs of the County. The Topcon TL-60SE is not structurally adequate and is made of a lesser quality metal. It is the County Engineering Department's recommendation to purchase the Lietz TS20A. RECONMENDATIONS AND FUNDING It is recommended that the bid be awarded to Ben Meadows Company in the amount of $1,980 for the Lietz TS20A and Tripod. Funding shall be from Account # 102-243-519-66.41,unencwnbered balance'as-of August'19, 1982 is $5,519. - I E E Mfr. ,+ .t 'r.; T J1/}�■y'dv k'ak.��1'� S. �"`.?tE a v9r'Tt.s,M ■rjR. \I 1� U AWARD OF BID - SCALE READING THEODOLITE & TRIPOD The Board next discussed the following memorandum from Public Works Director Davis: TO:. The Honorable Members of the Board of County Commissioners THRU: Michael Wright, County Administrator DATE: August 25,` 1982 FILE: SUBJECT: Award of Bid - IRC #132 - Scale Reading Theodolite and Tripod FROM: James W. Davis, P.E. , REFERENCES: Public Works Director DESCRIPTION AND CONDITIONS During the FY81-82 Budget Session $3,775 was approved in Account No. 102- 243-519-66.41 (Dept. of Public Works, Capital Outlay) for the purchase of a Scale Reading Theodolite and Tripod for use by the County Survey Department. Bids were received August 24, 1982 from seven suppliers. The low bid in the amount of $1,560 was submitted by Florida Level and Transit for a Topcon Instrument. The second low bid was submitted by Ben Meadows Co. for a Lietz TS20A in the amount of $1,980. ALTERNATIVES AND ANALYSIS The County Surveyor has indicated that the Lietz TS _20 A is a superior in- strument and will meet the immediate needs of the County. The Topcon TL-60SE is not structurally adequate and is made of a lesser quality metal. It is the County Engineering Department's recommendation to purchase the Lietz TS20A. RECONMENDATIONS AND FUNDING It is recommended that the bid be awarded to Ben Meadows Company in the amount of $1,980 for the Lietz TS20A and Tripod. Funding shall be from Account # 102-243-519-66.41,unencwnbered balance'as-of August'19, 1982 is $5,519. - I ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously accepted staff's recommendation to award the bid to Ben Meadows Company, as being the best bid in the amount of $1,980 for the Lietz TS20A and Tripod, funding from Account #102-243-519-66.41. WGYL RADIO STATION DEED OF EASEMENT ON MOTION by.Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously authorized the Chairman to sign the WGYL Radio Station Deed of Easement. SEP 11982 P 'a .tS ,ui;a." .i.:• L11:J1..l.i�+l�:�', Iaai.tw�1 i;aal:i ._... yts� v: •• , I L Indian River County, Florida, party of the first part, and the CITY OFATERO BEACH, a municipal corporation of the t-lorida, Indiali River Cyunty, Florida; party of the second part. r.ri TIMSETH : That ;he sz.iri warty of the first part, for and in consideration of the stun of ONE DOLLAR and other valuable considerations in hand paid by the party of the second part, the receipt whereof is hereby acknowledged, hereby grants, unto the said party of the second part, and.its successors and assigns hereof forever, an easement for the location, relocation, maintenance, and erection of electric facilities, telephone lines, and cablevision lines, under, over, across, and upon the following described property located in Indian River County, Florida, to -wit: From a point being the intersection of the East right-of-way line of a 160 foot wide right-of-way for Lateral "J" Canal and the South right-of-way line of a 250 foot wide right-of-way line for the South Relief Canal of the Indian.River Farms Water Management District; run Southeasterly along the East right-of-way line of Lateral "J" Canal a distance of 600 feet to a point, said point being the point of hegin;iinrn; of the -follow- ing described Easement. From the point of beginning run Northeasterly on a fine parallel to the South right-of- way line of the South Relief Canal a distance of 600 feet, thence run Northwesterly on a line parallel to the East right-of-way line of Lateral "J'a Canal a distance of 15 feet, thence run -Southwesterly on a line parallel to the South right-of-way line of the South - Relief Canal to the East right-of=way-line.0f-Lateral "J" Canal, thence run South- - - - easterly along the East -right-of-way line of Lateral "J" Canal to the point of beginning. Said Easement lying and being in Tract 3, Section 24, Township 33 South, Range 39 East. Cxi C:)C! C_ SEP 19 liir 8zDOC. ST. = AMT. S • o�"-zi tj mac` c ty �ttor C r � C FREDA WRIGHT, Clerk of Circuli Court �� of7ny.e � >� ao-, M TO HAVE AND TO HOLD the same together with all rights thereunto belonging, and all the estates, right, title, interest, lien, equity and claim whatsoever of - the said party of the first part, either in law or equity to the only proper'use and benefit of the party of the second part, its successors and assigns forever, as long as the same is used by the party of the second part for the purposes of this conveyance. IN WITNESS WHEREOF, the said party of the first part have hereunto set their hands and seals the day and year first above written. Signed, sealed and delivered in' the p;sence� of: 1V to4k-4n t& (s) /II v STATE OF FLORIDA COUNTY OF INDIAN RIVER and legal 7... .::-•urg r' ' "orized in the I HEREBY CERTIFY, that on this day, befor m £icy;, State and County aforesaid, to take acknowledgments, personally appeared Don C. 5CUC'lo 40 to me well known to the person(s) described in and who executed the foregoing instru- Cr ment and who acknowledged before me that executed the same. a WITNESS my hand and off'cial seal in the County and State last aforesaid Cr CIA) this •ut day of - =�,pr� , 1�41 Ofri G.1r�r This instrument prepared by: :_ity Attorney 1NOL�Morida i as - Notary p lic; nftjatd and. OLrty_ aforesaid. My. ''�c%mnission`J1 fres; U NOTARY I'1fRjrC�S'FhTb<7r�F�RIbIC iot=) 11fRU'GI,�>Eltilt it��Ql, n1Y COMMISSIUk VXF4 'Ye ei.��,,,,# a. j uc. L:L yr r.�� 71:i•.L.�.t i A) T ED OF EF.SL'MisN2', wade this -_ DAY OF % ____r ' �., by J (( INDIAN RIVER COUNTY, FLORIDA . party of the first part, and the CITY OF VERO BEACH, a municipal corporation of the. State of Florida, Indian River County, Florida; party of the second part. m rl V V ri WITNESSETH: That the said party of the first part, for and in consideration of the stun of ONE DOLLAR and other valuable considerations in hand paid by the party of the second part, the receipt whereof is hereby acknowledged, hereby grants, unto the said party of the second part, and its successors and assigns hereof forever, an easement for the location, relocation, maintenance, and erection of electric facilities, telephone lines, and cablevision lines, under, over, across, and upon the following described property located in Indian River County, Florida, to -wit: Commence on a point at the intersection of the East Right -of -Way line of a 160' wide Right -of -Way for Lateral "J" Canal and the South Right -of -Way line of a 250' wide Right -of -Way for the South Relief Canal of the Indian River Farms Water Management District, said point being in the SES of the SW14 of Section 13, Township 33 South, R4r_ge 39 East, Indian River County, Florida; thence, run S 18 °].5L440"E-along the East Right -of -Way line of said Lateral "J", 600 feet; the*:ce, rLLn N 74 28' 40" E, 600 feet to the point of beginning for the hereon described parcel of land: Thence, run N 180 15' 40" W, 15.03 feet; thence, run N 67256115"E, 603.40 feet; thence, run S 010 23' 00" E along the pole centerline of an existing Right -of -Way, 16.03 feet; thence, run S 670 56' 15" W, 598:74 to the point of beginning. Said parcel of land contains 0.207 acres of land, more or less,.and lies wholly in Indian River County, Florida. As per attached Exhibit "A". cc ` r rn CD • ( i...,J • Cid C � i� N til .'., =. sz i ��az Qoc. sr. - AMT. s .-yam' C_'•�,, FREDA WRIGHT, Cleric of CI cult Court Idan River CouAty - byOA<�� `r. Coantj Atlo'r.+c,*t a -'j ��—�+ =C) l+CD Cli. Office 4�/ fM co '�L'i'O HAVE AND TO HOLD.the same together with all rights thereunto belonging, and all the estates, right, title, interest, lien, equity and claim whatsoever of the said party of the first part, either in law or equity to the only proper use and benefit of the party of the second part, its successors and assigns.forever, as long as the same is used by the party of the second part for the purposes of -this conveyance. IN WITNESS WHEREOF, the said party of the first part have hereunto set their hands and seals -the day and year first above written. Signed, seal and delivered In the pres ce of: 1. As t04Gtartfor(s) tj ;,r,t a=., and ie;:' Ilii STATE OF FLORIDA COUNTY OF INDIAN RIVER � c C� ;r L�, t:i;iI'd b' I HEREBY CERTIFY, that on this da befo a me i r ^r y, t,;e : ,'�iS' �o 'c uv a thorized* in thepp itr�itr� State and County aforesaid, to take acknowledgmen s, personally appeared Don C.,SC>sldM to me well known to the person(s) described in and who executed the foregoing instru- k ment and who acknowledged before me that executed the same. g'-• Cr WITNESS my hand and off cial seal in the County and State last. -aforesaid 'r this, dPLy o f This instrument prepared by: / lriP.v Notary Pu ic, •"bta" t4, and of ity aforesaid. Kyyr-ommi� s p i gicpires: City Attorney 1053 20th Place t NOTARY PUP�,ICSljA,Y y�},E ARDC" avewone&ch/f--Flo }dP )i0Rniic$0114g•1N •.. I71C/ ' • •. .• .c'-�o+ill. 32960 �,1r COMMISSION AUL li �E s ; SEP 1182 f1 a b SOUTH RELIEF CANAL _ �� e (NO SCALE) LLOYD AND ASSOCIATES; INC. DATE: 8/2/82 tY cn M, -v CONSULTANT'S REPORT OF BUILDING DEPARTMENT ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously accepted the Consultant's Report on the Building Department. The Building Department 'Transfer. and Implementation Plan for Indian River County is on file in the Office of the Administrative Aide to the Board of County Commissioners. CABLE TV ORDINANCE - PROPOSED AMENDMENT The Board reviewed the following information: TO: Members of the. Board DATE: August 25, 1982 FILE: of County Commissioners of Indian River County SUBJECT: Amendment to Cable TV Ordinance FROM: Gary M. Brandenburg REFERENCES: County Attorney The County Commission previously received a request to amend Section 5 C. CHANNEL REQUIREMENTS, to limit the requirements of providing free CATV service to schools and libraries. The following are three (3) alternative approaches to the situation; 1. Retain present wording. The ordinance currently reads "If any CATV subscribers are being served within a radius of one quarter mile of a school or library, the licensee shall provide basic CATV services to the school or library without charge; provided, however, the installation charges shall be borne by the school or library pursuant to and in compliance with the provisions of this Ordinance." Thislanguage provides free service to all schools and all libraries and raises the question as to -what constitutes a school or library within the meaning of the ordinance. The current ordinance does not provide a definition for these two terms. 2. Change the wording of the ordinance to read "To schools that are licensed to provide service in accordance with the compulsory attendance law of the State of Florida and public libraries." ;1 This change would eliminate some of the ambiguity by limiting the free service to public and private schools and all.other homes, institutions, etc. that qualify under state law. 22 3. Change the current ordinance to read "To schools that receive their operating budget from the imposition of ad valorem taxes on the residents of the community and which provide service in accordance with the compulsory attendance law of the State of Florida and public libraries." This alternative would also eliminate the ambiguity and would exclude private schools that operate on a tuition basis and all other educational situations that are not tax supported. The County Attorney requests your consideration on this matter so that I may prepare the proper ordinance for advertising. 1, Of Out i►rro ri�an,. gtonDa 3�"k'�0 Urpbonr (30:) 2315357 Mr., William Crosby Florida Cablevision 123516th Street Vero Beach, FL 3;960 Dear Mr. C6sby: Respectfully submitted, y Brandenburg r Upbonr (305)231.4130 :V 5-.- aint EFbIDIarb S ''f ao Otacb, glortba August 23, 1982 I was able tcj get some help in arriving at a definition of "schoo'►s" which will help sAtisfy our mutual concerns for meeting in an equitable manner the need fQr access to the television cable for educational purposes. I suggest th4t you propose an amendment to replace "Schools" with: °elementary and secondary schools -conducting regular classes and courses of study required for,elibibility to certification by, accreditation to, or membership in, the State Department of Education of Florida, Southern Association of Colleges and Secondary Schools or the Florida Council of Independent Schools." In your meeting with the County Attorney you may wish to refer him Lo Sectio:, 196.012 �4) of the Code, on ad valorem tax exemptions, for the basis of this wording. Cordially, Arthur G. Broadhurst Assistant headmaster .. �.L' �I "fT { y �- �i4 F \qa}.. 3. Change the current ordinance to read "To schools that receive their operating budget from the imposition of ad valorem taxes on the residents of the community and which provide service in accordance with the compulsory attendance law of the State of Florida and public libraries." This alternative would also eliminate the ambiguity and would exclude private schools that operate on a tuition basis and all other educational situations that are not tax supported. The County Attorney requests your consideration on this matter so that I may prepare the proper ordinance for advertising. 1, Of Out i►rro ri�an,. gtonDa 3�"k'�0 Urpbonr (30:) 2315357 Mr., William Crosby Florida Cablevision 123516th Street Vero Beach, FL 3;960 Dear Mr. C6sby: Respectfully submitted, y Brandenburg r Upbonr (305)231.4130 :V 5-.- aint EFbIDIarb S ''f ao Otacb, glortba August 23, 1982 I was able tcj get some help in arriving at a definition of "schoo'►s" which will help sAtisfy our mutual concerns for meeting in an equitable manner the need fQr access to the television cable for educational purposes. I suggest th4t you propose an amendment to replace "Schools" with: °elementary and secondary schools -conducting regular classes and courses of study required for,elibibility to certification by, accreditation to, or membership in, the State Department of Education of Florida, Southern Association of Colleges and Secondary Schools or the Florida Council of Independent Schools." In your meeting with the County Attorney you may wish to refer him Lo Sectio:, 196.012 �4) of the Code, on ad valorem tax exemptions, for the basis of this wording. Cordially, Arthur G. Broadhurst Assistant headmaster Brief discussion ensued. The Board directed the County Attorney to prepare the cable TV ordinance for advertising, using Alternative 4, as indicated in the letter from Saint Edward's dated August 23, 1982. RAMPMASTER REVENUE BONDS The Board discussed the following memorandum from the County Attorney dated August 20, 1982: 51 161EP98r 24 -.,£��.e4%1iL. ..� �..:4'u4�e,..; u-.:-- '^ ... ....�.�.a�__< .. '+ a '. •.:: .. cra., __ ,_ _. � ., ..� v..._.. ... _ ,.., ..._" _ __.. ._ �. ...__.. G. _.. H._�.._...�...<<_ .. _ .. ... TO: Members of of County of Indian the Board Commissioners River County FROM: Gary M. Brandenburg - County Attorney - - r� DATE: August 20, 1982 FILE: SUBJECT: Rampmaster--$850, 000 Indian River County Industrial Development Revenue Bonds Series 1982 REFERENCES: I have received proposed final versions of the bond resolution, Guaranty Agreement and Loan Agreement, Mortgage and Security Agreement. These documents are too lengthy for inclusion in your agenda packages; however, they are available for your review in our office at any time. These documents are now being reviewed by all the parties involved; and if acceptable, they will be placed on a future County Commission agenda for authorization for the Chairman to sign on behalf of the County. In preparation of closing on the bond issue, the attorneys for Rampmaster have requested the County to waive validation of the bonds. Validation of Industrial Development Revenue Bonds is not required by law and waiving the requirement generally saves the applicant a considerable amount of expense. On the other hand, a validation proceeding serves to protect the issuer by allowing the Circuit Court and State Attorney's Office a general review of the issue resulting in a final judgment. The final judgment creates a conclusive presumption that the bonds are proper and that the issuer (the County) acted properly and within its statutory author- ity. I have consulted.with the County's bond counsel who indicates that they generally prefer validating all Industrial Development Revenue Bond Issues. Bond counsel also indicates that in this case because of the small size of -the issue.which encompasses a project which clearly falls within the statutory framework the bond valida- tion proceeding is not a necessity. RECOMMENDATION The County Attorney recommends that the Board of County Commissioners inform Rampmaster that Indian River County will require validation of the $850,000 Industrial Development Revenue Bond Series 1982. Respectfully submitted, bu Brandeng SSP 11982 TO: Members of of County of Indian the Board Commissioners River County FROM: Gary M. Brandenburg - County Attorney - - r� DATE: August 20, 1982 FILE: SUBJECT: Rampmaster--$850, 000 Indian River County Industrial Development Revenue Bonds Series 1982 REFERENCES: I have received proposed final versions of the bond resolution, Guaranty Agreement and Loan Agreement, Mortgage and Security Agreement. These documents are too lengthy for inclusion in your agenda packages; however, they are available for your review in our office at any time. These documents are now being reviewed by all the parties involved; and if acceptable, they will be placed on a future County Commission agenda for authorization for the Chairman to sign on behalf of the County. In preparation of closing on the bond issue, the attorneys for Rampmaster have requested the County to waive validation of the bonds. Validation of Industrial Development Revenue Bonds is not required by law and waiving the requirement generally saves the applicant a considerable amount of expense. On the other hand, a validation proceeding serves to protect the issuer by allowing the Circuit Court and State Attorney's Office a general review of the issue resulting in a final judgment. The final judgment creates a conclusive presumption that the bonds are proper and that the issuer (the County) acted properly and within its statutory author- ity. I have consulted.with the County's bond counsel who indicates that they generally prefer validating all Industrial Development Revenue Bond Issues. Bond counsel also indicates that in this case because of the small size of -the issue.which encompasses a project which clearly falls within the statutory framework the bond valida- tion proceeding is not a necessity. RECOMMENDATION The County Attorney recommends that the Board of County Commissioners inform Rampmaster that Indian River County will require validation of the $850,000 Industrial Development Revenue Bond Series 1982. Respectfully submitted, bu Brandeng MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bird, that the Board accept the County Attorney's„recommendation, as indicated in his August 20, 1982 memorandum. 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. PROPOSED $5,000,000 GENERAL OBLIGATION BOND SERIES 1982 The Board next discussed the following information from the County Attorney: 26 FROM: Gary M. Brandenburg REFERENCES: County Attorney The Commission on Wednesday, August 18, 1982, received the Preliminary Beach Access and Development Plan prepared by the Community Development Department for Indian River County. The report recommends the issuance of up to $5,000,000 in general obli- gation bonds to finance the acquisition and development of ocean- front parks. Attached to this memorandum you will find a proposed resolution calling for the issuance of up to $5,000,000 in general obligation bonds to "Finance the Cost of the Acquisition and -Development of Beachfront Land on the Atlantic Ocean in the County, For Recreational Purposes; Together with Other Purposes Necessary, Appurtenant or Incidental`Thereto, Including all Costs of the Issuance of Bonds." The resolution calls for a bond referendum on November 2, 1982, and sets forth, on Page 2 of the resolution, the wording of the ques- tion to be placed before the voters of the County. Notice of the bond referendum will be published at least twice, once in the fifth week and once in the third week prior to the election. The principal and interest on the bonds, if approved by the elec- torate,.will be paid from ad valorem taxes levied on all -property in the County at such a rate to produce sufficient funds to cover debt service. . RECOMMENDATION The County Attorney recommends a careful review of the wording used in the bond resolution setting forth the purpose of the bonds and, if consistent with current Commission philosophy, adoption of the resolution together with extending the Chairman authorization to sign the Notice of Bond Referendum. Respectfully submitted, Ga .�B�Z randenbur I Commissioner Fletcher discussed Section 2 regarding the phrase "without limitation as to rate or amount." The Attorney noted that it was required language in a bond .issue, and stated that he would like to be able to check this with the bond counsel. Lengthy discussion followed about acquisition, development, as well as acquisition and development; it was felt if. the word "development" were omitted, the County's options would be limited. Bruce King, Community Development Director, interjected that if.there were limitations that this money could not - be used for development, it probably would preclude the County from using bond money as matching funds. Commissioner Fletcher suggested the Board might consider locking themselves in to a.60/40 or 70/30 ratio. The Attorney. stated he would not recommend that the Board lock themselves in, as it might create trouble later. Commissioner Fletcher disagreed. MOTION WAS MADE by Commissioner Wodtke, SECONDED by Commissioner Lyons, that the Board adopt Resolution 82-85 authorizing the issuance of a general obligation bond, accept the wording - - as proposed, including -the "without -limitation". change discussed, subject to clarification by bond counsel, and authorize the Chairman to sign the Notice of Bond Referendum. William Koolage, interested citizen, stated that he would rather see the Board put more money into acquisition and then do the developing when they get matching funds. He Frank Zorc, 20th Avenue, suggested having two bond issues: $3 million bond issue to buy land, and $2 million to develop. Commissioner Lyons proposed AN AMENDMENT TO THE MOTION, SECONDED by Commissioner Fletcher, that the Board approve a bond referendum not to exceed $5 million, principal amount of general obligation, for the purpose of acquiring beachfront -land -for recreational purposes. Lengthy debate followed. THE CHAIRMAN CALLED FOR THE QUESTION TO THE AMENDMENT TO THE MOTION. It was voted on and carried with a vote of 3 to 2, with Commissioners Bird and Wodtke voting in opposition. Commissioner Bird felt the Board was not presenting a complete package to_the people. THE CHAIRMAN CALLED.FOR THE QUESTION ON THE ORIGINAL MOTION, AS AMENDED. It was voted on and carried with a vote of 4 to 1, with Commissioner Bird voting in opposition. Commissioner Bird promptly CHANGED HIS VOTE TO AN AFFIRMATIVE ONE, as he felt the Board should vote unanimously on this issue. RESOLUTION NO. 82-85 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $5,000,000 GENERAL OBLIGATION BONDS OF INDIAN RIVER COUNTY, FLORIDA, TO FINANCE THE COST OF THE ACQUISITION OF BEACHFRONT LAND ON THE ATLANTIC OCEAN IN THE COUNTY; PROVIDING FOR AND CALLING A BOND REFERENDUM OF THE QUALIFIED ELECTORS RESIDING IN THE COUNTY TO BE HELD ON NOVEMBER 2, 1982, ON THE QUESTION OF THE ISSUANCE OF SUCH GENERAL OBLIGATION BONDS; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY' THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: SECTION 1. AUTHORITY OF THIS RESOLUTION. This resolu- tion is adopted pursuant to Section 125.01, Florida Statutes, Chapter 100, Florida Statutes, and other applicable provisions of law. SECTION 2. AUTHORIZATION OF BONDS. Subject and pur- suant to the provisions hereof, general obligation bonds of the County of Indian River, Florida (herein called "County"), are authorized to be issued in the aggregate principal amount of not exceeding FIVE MILLION DOLLARS ($5,000,000) to finance the cost of the acquisition of beachfront land on the Atlantic Ocean in the County, for recreational purposes; together with other purposes necessary, appurtenant or incidental thereto, including all costs of the issuance of the bonds.. Such general obligation bonds shall be payable from ad valorem taxes levied without limitation as to t rate or amount -on all taxable property in the County. None of such bonds shall be issued for a longer term than thirty (30) years from their date of issuance and such bonds shall bear interest at such rate or rates not exceeding the maximum rate per- mitted by applicable law at the time of the sale of the bonds, the actual rate to be determined upon sale of the bonds to the bidder whose bid produces the lowest net interest cost to the County for the bonds. SECTION 3. BOND REFERENDUM. A bond referendum of the qualified electors residing in the County is hereby called to be held on November 2, 1982, to determine whether or not the issuance of such general obligation bonds in an aggregate principal amount of not exceeding FIVE MILLION DOLLARS ($5,000,000) shall be approved by such qualified electors to finance the cost of the acquisition of such beachfront land, together with other purposes necessary, appurtenant or incidental thereto, including all costs of the issuance of the, bonds. All qualified electors residing in the County shall be entitled and permitted to vote in such bond referendum. The places of voting and the inspectors and clerks for the bond refer- endum shall be the same as those places designated and those persons appointed for the general election to be held in the County on the same date. The polls will be open at the voting places from seven (7) o'clock A.M. until seven (7) o'clock P.M. on the same day,-- SECTION ay. SECTION 4. OFFICIAL BALLOT. Voting machines shall be used at such bond referendum and the ballot to be used shall be in substantially the following form: OFFICIAL BALLOT INDIAN RIVER COUNTY, FLORIDA BOND REFERENDUM - November 2, 1982 Shall Indian River County, Florida, issue not exceeding $5,000,000 principal amount of general obligation bonds, bearing interest at not exceeding the maximum legal rate of interest at the time of the sale of the bonds, maturing not later than thirty (30) years from the date of issuance thereof, payable from ad valorem taxes levied on all taxable property in the County without limit as to rate or amount, for the purpose of financing the cost of the acquisition of beachfront land on the Atlantic Ocean in the County for recreational purposes, as more specifically described and provided in the Resolution of the Board of County Commissioners, adopted*on September lst, 1982? The Ballots and voting machines shall be so arranged that the voter may vote "FOR BONDS" or "AGAINST BONDS". SECTION 5. ABSENTEE VOTING. Paper ballots shall be used at such referendum for absentee voting. The form of -ballot to be used in the referendum for absentee voters shall be in substantially the form provided in Section 4 above. SECTION 6. PRINTING OF BALLOTS. The Supervisor of Elections of the County is authorized and directed to have printed on plain white paper a. sufficient number of the aforesaid ballots for use of absentee electors entitled.to cast such ballots in such � � t 00 approved by such qualified electors to finance the cost of the acquisition of such beachfront land, together with other purposes necessary, appurtenant or incidental thereto, including all costs of the issuance of the, bonds. All qualified electors residing in the County shall be entitled and permitted to vote in such bond referendum. The places of voting and the inspectors and clerks for the bond refer- endum shall be the same as those places designated and those persons appointed for the general election to be held in the County on the same date. The polls will be open at the voting places from seven (7) o'clock A.M. until seven (7) o'clock P.M. on the same day,-- SECTION ay. SECTION 4. OFFICIAL BALLOT. Voting machines shall be used at such bond referendum and the ballot to be used shall be in substantially the following form: OFFICIAL BALLOT INDIAN RIVER COUNTY, FLORIDA BOND REFERENDUM - November 2, 1982 Shall Indian River County, Florida, issue not exceeding $5,000,000 principal amount of general obligation bonds, bearing interest at not exceeding the maximum legal rate of interest at the time of the sale of the bonds, maturing not later than thirty (30) years from the date of issuance thereof, payable from ad valorem taxes levied on all taxable property in the County without limit as to rate or amount, for the purpose of financing the cost of the acquisition of beachfront land on the Atlantic Ocean in the County for recreational purposes, as more specifically described and provided in the Resolution of the Board of County Commissioners, adopted*on September lst, 1982? The Ballots and voting machines shall be so arranged that the voter may vote "FOR BONDS" or "AGAINST BONDS". SECTION 5. ABSENTEE VOTING. Paper ballots shall be used at such referendum for absentee voting. The form of -ballot to be used in the referendum for absentee voters shall be in substantially the form provided in Section 4 above. SECTION 6. PRINTING OF BALLOTS. The Supervisor of Elections of the County is authorized and directed to have printed on plain white paper a. sufficient number of the aforesaid ballots for use of absentee electors entitled.to cast such ballots in such � � t bond referendum, and shall also have printed sample ballots and deliver them to the Inspectors and Clerks on or before the date and time for the opening of the polls for such bond referendum; and further is authorized and directed to have printed on plain* white paper and delivered in accordance with law the official ballots for use in the voting machines and to make all appropriate arrangements for the conducting of such bond referendum. SECTION 7. REFERENDUM PROCEDURE. The bond referendum shall be held and conducted in the manner prescribed by general law for holding bond referenda. The Inspectors and Clerks at each polling place shall canvass the vote and make due returns of same without delay to the Board of County Commissioners. Such returns shall show the number of qualified electors who voted at such bond referendum on said proposition and the number of votes cast respectively for and against approval of such proposition. The returns of the Inspectors and Clerks shall as soon as practicable be canvassed by the Board of County Commissioners, which shall declare and certify the results of such bond referendum. The certificate of declaration of results shall be recorded in the minutes of the Board of County Commissioners. SECTION 8. ELECTION RESULTS. If a majority of the votes cast at such election in respect to said proposition or bonds shall be "FOR BONDS", such proposition or bonds shall be approved and then the bonds shall be issued as hereafter provided by the County. SECTION 9. -NOTICE OF BOND REFERENDUM. This resolution shall be published in full by the Clerk of the Board of County Commissioners as part of the notice of such bond referendum, together with an appropriate caption in such form as she shall determine, in a newspaper published and of general circulation in the County, at least twice, once in the fifth week and once in the third week prior to the week in which the bond referendum is to be held, the first publication to be not less than thirty (30) days prior to the date of such bond election. SECTION 10. SEVERABILITY. In the event that any word, phrase, clause, sentence or paragraph hereof shall be held invalid by any court of competent jurisdiction, such holding shall not affect any other word, clause, phrase, sentence or paragraph hereof. f; SECTION 11. REPEALING CLAUSE. All resolutions in conflict or inconsistent herewith hereby are repealed, insofar as there is conflict or inconsistency. SECTION 12. EFFECTIVE DATE. This resolution shall take effect immediately. The foregoing resolution was offered by Commissioner Wodtke who moved its adoption. The motion was seconded by Commissioner Lyons and, upon being put to a vote, the vote was as follows: v - -- - - - - Chairman Don C. Scurlock, Jr. - Aye Vice -Chairman A. Grover Fletcher - Aye Commissioner Patrick B. Lyons - Aye Commissioner William C. Wodtke, Jr.- Aye Commissioner Dick Bird - Aye The Chairman thereupon declared the resolution duly passed and adopted this 1st day of September, 1M. Attest.4, A! 4L ))d FREDA WRIGHT, Cl&k APPROVED AS TO FORM AND LEG SUFF IEN By Etl'-BRAND NBURG y Attorney -4- M BOARD OF COUNTY COMMISSIONERS OF INDIAN -RIVER COUNTY, FLORIDA By / DON SCURLOCK, JR. Chairman EP 1.198 gra ` by any court of competent jurisdiction, such holding shall not affect any other word, clause, phrase, sentence or paragraph hereof. f; SECTION 11. REPEALING CLAUSE. All resolutions in conflict or inconsistent herewith hereby are repealed, insofar as there is conflict or inconsistency. SECTION 12. EFFECTIVE DATE. This resolution shall take effect immediately. The foregoing resolution was offered by Commissioner Wodtke who moved its adoption. The motion was seconded by Commissioner Lyons and, upon being put to a vote, the vote was as follows: v - -- - - - - Chairman Don C. Scurlock, Jr. - Aye Vice -Chairman A. Grover Fletcher - Aye Commissioner Patrick B. Lyons - Aye Commissioner William C. Wodtke, Jr.- Aye Commissioner Dick Bird - Aye The Chairman thereupon declared the resolution duly passed and adopted this 1st day of September, 1M. Attest.4, A! 4L ))d FREDA WRIGHT, Cl&k APPROVED AS TO FORM AND LEG SUFF IEN By Etl'-BRAND NBURG y Attorney -4- M BOARD OF COUNTY COMMISSIONERS OF INDIAN -RIVER COUNTY, FLORIDA By / DON SCURLOCK, JR. Chairman NOTICE OF BOND REFERENDUM IN INDIAN RIVER COUNTY, FLORIDA, ON NOVEMBER 2, 1982 NOTICE IS HEREBY GIVEN THAT A BOND REFERENDUM will be held on the 2nd day of November, 1982, in the Indian River County, Florida, for the purpose of determining whether or not bonds of the County shall be issued in an aggregate principal amount of not r exceeding $5,000,000,.bearing interest at such rate or rates not exceeding the maximum legal rate at the time of the sale thereof, maturing serially in annual installments over a period not to exceed thirty (30) years from the date of the bonds, for the purpose of financing the cost of acquiring beachfront land on the Atlantic Ocean in the County for recreational purposes, all as more specifically described and -provided in the resolution of the Board of County Commissioners adopted on the 1st day of September, 1982. The places of voting in the bond referendum shall be the same places of voting in the general election to be held in the County on the same date. The polls will be open at the voting places on the date of said bond election'from 7:00 A.M. until 7:00 P.M. on the same day, all as provided in said resolution adopted on September 1, 1982, and published in full below as part of this Notice. All qualified electors residing within the County shall be entitled, qualified and permitted to vote at such bond referendum. 4FF EDA W�IGHT, C1 k COUNTY -OF INDIAN RIVER, FLORIDA By } �. DON C. SCURLOCR, JR.�r Chairman Board of County Commissioners Approved to form and legaMon B r Brandenburg my Attorney ,b y ., SEP 11982 NOTICE OF CLAIMS - COURTHOUSE d' The Board reviewed the following information: TO: Members of the Board DATE: August 20, 1982 FILE: of County Commissioners of Indian River County SUBJECT: Notice of Claims FROM: - Gary -M. -Brandenburg - -REFERENCES: County Attorney Attached to this memorandum please find copies of Notices of Claim sent to Indian River County by Ward Wagner, Jr., Esq. on behalf of Graham W. Stikelether, Georgene Edwards and Shirley Woodworth. The notices allege that the three individuals have suffered injury due to contact with the Indian River County Courthouse. Florida Statutes 5768.28(6) (copy attached) requires individuals to .give the -County written notice of their claims and obtain a written denial of their claims prior to instituting a law suit in Circuit Court. If the County does not respond in writing within six months after filing the Notice of Claim, it is automatically deemed a final denial of the claim. ALTERNATIVES 1. Immediately deny the claim and allow these individuals to pursue their remedies immediately in Circuit Court. 2. Take no action upon -the notice in which case the claims will be deemed denied in six months from the date we received them and the individuals will be able to pursue their remedies in court at that time. 3. Request additional information regarding the claims to enable the Commission and our insurance carriers to make a more enlightened decision,on whether to admit or deny the claim. RECOMMENDATION Do not deny or admit the claim at this time but request these individuals to provide the Commission with all.medical reports, environmental tests or other information available to them that supports their claims. These materials have not been made avail- able to the County to date. Once the County receives this informa- tion we will be in a better position to evaluate the claim. Respect ully-submitted, _r G . Brandenburg - 35 ON MOTION by Commissioner Fletcher, SECONDED by Commissioner Lyons, the Board unanimously accepted the recommendation of the Attorney as indicated in his memorandum dated August 20, 1982, concerning notice of claims at the Courthouse. COURTHOUSE - GENERAL DISCUSSION Chairman Scurlock related to the Board his discussion with Judge Smith regarding the carpeting that was not removed from his portion of the Courthouse. Lengthy discussion followed along those lines. Commissioner Bird noted that the Board had made a decision to hire an environmental engineer and had asked the judges to submit a name to them. Lynn Williams, Acting General Services Director, responded that there had been no name submitted to the County; therefore, 'recommended Dr. Lee Husting from the University of South Florida. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bird, that the Board approve. the engagement of Dr. Lee Husting for the environmental study, for an amount not to exceed $2,000. Discussion followed concerning Dr. Husting's scope of work. It was determined that it would be helpful if the judges made their medical information available to Dr. Husting. 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. �'i # F''p'A✓ 4 ? } gni T ,` �; a _� { iip tllt"f t36 ��` 1 �C�� CPN -,.. ...' Attorney Brandenburg explained that the budget workshops did not provide outside court space for next year and this fact was discussed with Judge Stikelether's attorney. He continued that the Judge desired to pursue the negligence action, but had no real desire to force the County to provide outside spaces. The Attorney commented that Judge Stikelether was not interested in aesthetics whatsoever, just so he would .have enough space opened in'his present quarters to allow him to conduct hearings, which could be done at a bare, minimum cost. The Attorney recommended that the Board not agree to that unless:, 1. They agree not to bring any type of action against the County for providing adequate court space. 2. Anything that the Board did, such as opening up space, would not constitute any recognition that there were any problems in the Courthouse and that there were problems with Judge Stikelether's health. Attorney Brandenburg would recommend that the Board authorize the County staff to discuss the matter with Judge Stikelether in order to see what was necessary for demolition, the cost, etc. Discussion followed, and it was felt the staff could explore with the Judge what he would be satisfied with, what it might cost, and have the necessary agreements to satisfy both the Judge and the Attorney. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bird, that the Board authorize staff to explore this possibility with Judge Stikelether and report back through the Attorney. 37 Lengthy discussion ensued. It was determined it would be best to talk to the Judge and bring back the recommendation. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. ACCEPTANCE OF DELIVERY OF RIGHT-OF-WAY DEEDS The Board discussed the following memorandum from the Assistant Attorney dated August 19, 1982: TO: Board of DATE: August 19, 1982 FILE: County Commissioners SUBJECT: Request Acceptance of Delivery of Right -of -Way Deeds FROM: Christophe , J• .Paull REFERENCES: Assistant County Attorney Attached hereto you will find duly executed Warranty Deeds conveying additional right-of-way to the County for two on-going street improvement projects. It is requested at this time that the Board formally acknowledge and accept delivery of these deeds, and authorize the County Attorney and Clerk to have the deeds recorded in the Official Record Books of Indian River County. For 1st Street S.W. (R. D.-Carter-Road):- 1. .CarterRoad):1. 20 feet from the First United Pentecostal Church of Vero Beach, Inc. 2. 20 feet from Joseph W. Cavenaugh and John W. Brown 3. 20 feet from Dov and Gail Borovsky 4. 20 feet from Norman W. Hensick, Jr., Trustee 5. 20 feet from FST Partnership For 11th Street S.W. (Nebraska Street), 15 feet from Mr. & Mrs. Charles Power. 38 _ -..�^�. _ _, - 9r _ i ;r,R �."'.t�'" k^�gm Yom,•:_�✓.'i 3 SEP .119-82 �� ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously accepted the deeds, and authorized the Attorney and Clerk to record the deeds, as indicated in the memorandum of August 19,, 1982 from Assistant Attorney Paull. 3l WARRANTY DEED @� G THIS INDENTURE, made this �7dMd_ day of 1982, between FIRST UNITED PENTECOSTAL CHURCH OF VERO BEACH, INC., a Florida not-for-profit corporation, whose post office address is c/o Rev. William Turner Stone, 4235 1st Street S.W., Vero Beach, of the County of Indian River, State of Florida, Grantor, and INDIAN RIVER COUNTY, a political subdivision of the State of Florida whose post office address is 1840 25th Street, Vero Beach, Florida 32960 of the.County of Indian River, State of Florida, Grantee, WITNESSETH, That said Grantor, for and in consideration of the sum of TEN and no/100 ($10.00) Dollars, and other good and valuable considerations to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee,. and Grantee's heirs and assigns forever, the following described land, situate, lying and being in Indian River County, Florida, to wit: The South 20 feet of the following described property: That part of the East 20 acres of Tract 16, Sec. 15-33-39, according,to-the last general plat of lands of the Indian River Farms Company as recorded in Plat Book 2,, page 25, St.. Lucie County Public Records, now lying and being in Indian River County, Florida; being more particularly described as: -Beginning at a point 30.0 feet North of and 40 feet West of the SE corner of said Tract 16 for a point of beginning, said point lying on the West right-of-way of 27th Avenue and the North right-of-way of 1st Street SW; thence run North along said right-of-way on 27th Avenue, a distance of 432.80 feet; thence run West and parallel to the North line of said East 20 acres a distance of 328.79 feet to the NE corner of Graves Annex Subdivision as recorded in Plat Book 4, page 76, Indian River County records; thence run south along the East line of -said-Graves Annexa distance of 432.39 feet to the North right-of-way of said SW 1st Street; thence run East along said North right-of-way a distance of 328.78 feet to the point of beginning; said land lying and being in Indian River County, Florida. Subject to all taxes and assessments subsequent to the year 1981. IMall persons whomsoever. S EP 11982 aLn N DOC. ST. = MIT. S. FRERA WRIGHT, Clerk of Chuit Cour! 5 mu I' CD Ind -.-.n River County - by 0) o � to 49 N t'7 TOGETHER with all tenements, hereditaments and >, w appurtenances thereto belonging or in anywise appertaining. U TO HAVE AND TO HOLD, the same in fee simple forever. 4J� AND Grantor does hereby ,J said fully warrant the title to said land, and will defend the same against the lawful claims of IMall persons whomsoever. S EP 11982 aLn N DOC. ST. = MIT. S. FRERA WRIGHT, Clerk of Chuit Cour! 5 mu I' CD Ind -.-.n River County - by EP 11982 "Grantor" and "Grantee" are used for singular or plural, as context requires. IN WITNESS WHEREOF, Grantor has hereunto set,Grantor's . !' - hand and seal the day and year first above written. Signed, sealed and delivered in the presence of:4 s o 1 STATE OF FLORIDA COUNTY OF INDIAN RIVER FIRST UNITED PENTECOSTAL CHURCH OF VERO BEACH, INC. REV. WILLIAM .TURN,ER.'• JPQNE President V ;;•`;�t*'�Ra:;�'• Place Corpor4te e M ti - - - - I -HEREBY-CERTIFY -that on -this day, before me, an officer - - - duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared REV. WILLIAM TURNER STONE, as president of the FIRST UNITED PENTECOSTAL CHURCH OF VERO BEACH, INC., to me known to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and 11 E j�, a last aforesaid this .�-Qm4day of A.D. , 1982. ate,` tn'• �j �, '�• pS►:Hy ,•, Notary ublic ,i P1ip v ti WARY ihl?ZIC SUR OF fLOR10A AT 1.l4 r4. 6. T^'i•Z Or �' $ON�EO TrROlJfi17 M11f10',R�-/R+i�Qt� ,�,( F rlCR.'D 1 0< •� C) C) m o-7C,a 'r_,�;; •T "� :., tom'. 1..., �, -- ` 1 T--f.. W rri �. C- r -c> as _ o`_ CC C a� c' � iso � WARRANTY DEED THIS INDENTURE, made this -3DA day of June, 1982, between JOSEPH W. CAVENAUGH and JOHN W. BROWN, Tenants in Common, whose post office address is c/o CAVENAUGH PLUMBING, 616 1st Street, Vero Beach, of the County of Indian River, State of Florida, grantor, and INDIAN RIVER COUNTY, a political subdivision of the State of .Florida whose post office address is 1840 25th Street, Vero Beach, Florida 32960 of the County of Indian River, State of Florida; grantee, WITNESSETH, That said grantor, for and in consideration of the sum of TEN and no/100 ($10.00) Dollars, and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Indian River County, Florida, to wit: The South 20 feet of the following described property: The South 5 acres of the East 10 acres of Tract 14, Section"15, Township 33 South, Range 39 East, LESS the East 50 feet thereof, according to the plat of Indian River Farms Company filed in the office of the Clerk of the Circuit Court of St. Lucie County, Florida in Plat Book 2 at page 25; said land now lying and being in Indian River County, Florida. Subject to the condition that this property shall revert to the Grantor in the event same is not improved by the County (or construction substantially undertaken) into a paved two-lane highway within twenty-four (24) months after the date of execution. Subject to all taxes and assessments subsequent to the year 1981. - - - THE ABOVE DESCRIBED PROPERTY DOES NOT CONSTITUTE THE HOMESTEAD OF GRANTOR. TOGETHER with all tenements, hereditaments and appurte- nances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. Vt AND said grantor does hereby fully warrant the title to J said land, and will defend the same against the lawful claims of C) all persons whomsoever. �- 0 "Grantor" and "grantee" are used for singular or plural, cl-4 as contejtt requires. IN WITNESS WHEREOF, Grantor has hereunto set grantor's .O c� ase . o Doc. ST.. AMT. S FREDA WRIGHT Clerk U1. C olt Goort -1_ ►� Indian River County. by, �;�� ,,' E ,.'PACE � (� STP SEP 1182 - hand and seal the day and year first above written. Signed, sealed and delivered in the presence of: A4Cit. z4a41 - --. - M STATE OF FLORIDA COUNTY OF INDIAN RIVER. I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared JOSEPH W. CAVENAUGH and JOHN W. BROWN, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. - - - WITNESS my- hand- and offi ial seal in the Count �ai, ••j.,• - State last aforesaid this • �pay of June A.D., �i8. NOTARY PUBLIC STATE OF FLORIDA AT LARGE MY COMMISSION EAPIftS uCi 30 1985 otary Public AONDEU IMRU GENERAL. INS • UIVDERWRIiERS r) 'a THIS INSTRUMENT PREPARED ••.;,��+�� •S'��,. BY AND SHOULD BE RETURNED TO: Christopher J. Paull Assistant County Attorney. 1840 25th Street Vero Beach, Florida 32960 0 Chy Ct 0 aQ Iffl" 4'79 � WARRANTY DEED THIS INDENTURE, made this 6th -day of August ,. 1982, between DOV BOROVSKY and GAIL A. BOROVSKY, his wife, whose post office address is P.O. Box 1869, Vero Beach, Florida, 32960, Grantors, and INDIAN RIVER COUNTY, a political subdivision of the State of Florida whose post office address is 1840 25th Street, Vero Beach, Florida 32960 of the County of Indian River, State of Florida, Grantee, WITNESSETH, That said Grantors, for and in consideration of the sum of TEN and no/100 ($10.00) Dollars, and other good and valuable considerations to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, have granted, bargained and sold to said Grantee, and Grantee's heirs and assigns forever, the following described land, situate, lying and being in Indian River County, Florida, to wit: The South 20 feet of the South two acres more or less, of the East one half of the East ten acres of the West 20 acres of Tract 14, Section 15, Township 33 South, Range 39 East, as the same is designated on the last general Plat of lands of the Indian River Farms Company filed in the office of the Clerk of the Circuit Court of St. Lucie'County, Florida, in Plat Book.2, Page 25; said land now lying and being in Indian River County, Florida; together with the South 20 feet of the adjacent property lying East of said acreage and West of Bobbi J Subdivision, as the same is described and set out in that.certain deed recorded at Official Record.Book 0587, Page 1945, in the public records of Indian River County, Florida. Subject to all taxes and assessments subsequent to the year 1982. TOGETHER with all tenements, hereditaments and o appurtenances thereto belonging or in anywise appertaining. kD M TO HAVE AND TO HOLD, the same in fee simple forever. 49 AND said Grantors do hereby fully warrant the title to w m .. said land, and will defend the same against the lawful claims of E+ U Aall persons whomsoever. N0 tn? DOC. ST. - AMT. S O w CQ ..J FREDA W111G11T, Clerk of Circuit Corot 1 Cn 9;1 N Indian Fiver County - by i P4 tn��iGGGGIIh�, N CO S E 12 1 PAGE I SEP x M2 "Grantor" and plural, as context requires. IN WITNESS WHEREOF, Grantor has hereunto set grantor's . tf hand and seal the day and year first above written. Signed, sealed and delivered - • .- - STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this Stag and -County -to -take - - acknowledgments, personally appeared DOV BOROVSKY and GAIL A. BOROVSKY, to me known to be the persons described in and who executed the foregoing instrument and they acknowlgA%Rd before me that they executed the same.� WITNESS my hand and official 1 ie _t`I}e •Coun01•,and State last aforesaid this w17X day of `':'A�{i�,� i9.$�'s r h �x ~ Mary Puy `�b.LON 14 t ~ �a n' C �r IL.L CC _C C: Qr I I� -2- CZ CD� = m C��'yrr � r •• own � _•��.�' 5. L CD �a n' C �r IL.L CC _C C: Qr I I� -2- IT 3 Aw, 8 WARRANTY DEED THIS INDENTURE, made this AA day of June, 1982, between NORMAN W. HENSICR, JR., as Trustee, whose post office address is P. 0. Box 309, Vero Beach, of the County of Indian .River, State of Florida, grantor, and INDIAN RIVER COUNTY, a political subdivision of the State of Florida whose post office address is 1840 25th Street, Vero Beach, Florida 32960 of the County of.Indian.River, State of Florida, grantee, WITNESSETH,*That said grantor, for and in consideration of the sum of TEN and no/100 ($10.00) Dollars, and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Indian River County, Florida, to wit: The South 20 feet of the following described properties: Parcel 1: East 20.79 acres of - Tract 13 (less the West 20 feet of the South 1280 feet thereof) and the North 40 feet of the West 20 acres of Tract 13, all in Section 15, Township 33 South, Range 39 East, as the same is -designated on the last general plat -of lands of Indian River Farms Company filed in the Office of -the Clerk of the Circuit Court of St. Lucie County, Florida in Plat Book 2, Page 25; said land now'lying and being iri Indian River County, Florida; and .Parcel 2: West 10 acres of Tract 14, Section 15, Township 33 South, Range 39 East, as the same is designated on the last general plat of lands of Indian.River Farms Company filed in the Office of the Clerk of the Circuit Court of -St. Lucie County, Florida, in Plat Book 2 Page 25; said land now lying and being in Indian River County, Florida. Subject to the condition that this property shall revert to the Grantor in the event same is not improved by the County (or construction sub-stantial ly_undertaken)_into_a_paved two-lane highway within twenty-four (24) months after the date of execution. Subject to all taxes and assessments subsequent to the year 1981. THE ABOVE DESCRIBED PROPERTY DOES NOT CONSTITUTE THE HOMESTEAD OF GRANTOR. TOGETHER with all tenements, hereditaments and appurte- nances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND said grantor does hereby fully warrant the title to said lana, and will defend the same against the lawful claims of all persons whomsoever. DOC. ST. = AMT. S . FREDA 69RIGHT, Clerk of Circuit Court Indian River CauM - by l��rl."��'� 198 _ 10� -1- K 51 P�� 183 EP 119$2 S "Grantor".and "grantee" are used for singular or plural, as context requires. IN WITNESS WHEREOF, Grantor -has hand and seal the day and year fira e Signed, sealed and delivered in the presence of: ORMAN Trustee C�G�t LC.C.G, STATE OF FLORIDA COUNTY OF INDIAN RIVER reunto set: grantor's r. written. ,r 4 . HENSICK, JR. - - - I HER-EBY- CERTIFY -that on this day, before me, an officer -. - duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared NORMAN W. HENSICK, JR., as Trustee, to me known to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same. WITNESS my hand and official s1 in the County anq ........,,,, State last aforesaid this o24 ?aof June A.D. , 19$,2`: 40.1 7j THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Christopher J. Paull Assistant County Attorney 1840 25th Street Vero Beach, Florida 32960 tary Public ;.yr • a � - .n rTrSr Cry-, c r lot r - O n W Q= -d A L- o a o re w M � r4�1J LY. '� L! r 4 } O O LLi C% 1 LL w Lo I� _ ;-4 o v/ iT LY f- N > DOC. ST.; AMT. $ j FREDA WRIGHT, Clerk of Circuit Court Indian River County - by eVWWte&' 43'A:5476 WARRANTY DEED THIS INDENTURE, Made this a% V, day of June, 1982, between F S T PARTNERSHIP, a Florida General Partnership, of the County of Indian River and State of Florida, Grantor, and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose post office address is 1840 - 25th Street, Vero Beach, Florida 32960, of the County of Indian River, State of Florida, Grantee, W I T N E S S E T 11: That said Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations to said Grantor in hand paid by said Grantee, the receipt.whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee, and Grantee's successors and assigns forever, the following described land, situate, lying and being in Indian River', I County, Florida, to -wit: The South 20 feet of the following described property: Commencing at the Northwest corner of Tract 13, Section 15, Township 33 South, Range 39 East, as said Tract 13 is designated on the last general plat of lands of the Indian River Farms Company, filed in Plat Book 2, page 25, public records of St. Lucie County, Florida, and run South along the West line of said Tract 13 a dis- tance of 365.03 feet -for a point.of beginning; thence run East 650 feet; thence run South to the South line of said Tract 13; thence run West 650 feet to the South- west corner of said Tract 13; thence run North to the point of beginning; AND the West 20 feet of the East 20.79 acres (less the North 365.03 feet thereof) of Tract 13, Section 15, Township 33 South, Range 39 East, -as said Tract.l3 is designated on the last general plat of lands of the Indian River Farms Company, filed in Plat Book 2, page 25, public records of St. Lucie County, Florida; LESS AND EXCEPT, HOWEVER, the follow- ing: A portion -of Tract 13, Section 15, Township 33 South, Range 39 East, as shown on the plat of Indian River Farms Company, as recorded in Plat Book 2, page 25, St. Lucie County, Florida, records, being more particularly described'as follows: Commencing at the Southwest corner of Tract 13, said corner also being the South- west corner of Section 15, thence South 88 degrees 50 minutes 03 seconds East along the South line of Tract 13 and Section 15, a distance of 235.00 feet; thence North 01 degrees 00 minutes 47 seconds East a distance of 30.00 feet to the Point of Beginning; thence con- ,ltinuing along the aforesaid course a distance of 934.86 feet; thence South 88 degrees 50 minutes 33 seconds East a distance of 432.00 feet; thence South 1 degree 00 minutes 47 seconds West a distance of 934.92 feet to a point on a line 30.00 feet North of and parallel to the South line of said tract 13 and Section 15; thence Smith, O'Haire, Quinn & Garris, Attorneys At Law, 2205 - 14th Avenue,'Ver ach, F 32960 (305)567A351 sE SSP 1.:182 -.__ _ .. n__ _ • _ . _ r. _ we_.. ry.. North 88 degrees 50 minutes 03 seconds West along said line a distance of 432.00 feet to the Point -91 Beginning; Subject to all taxes and assessments subsequent to the year 1981; and said Grantor does hereby fully warrant the title to said land,1 and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand .and seal the day and year first above written. F S T P J 1 ERSHIP By-c`�'`s�� ,•'Ge r F ;Ubkp ck, General Partner By e R. General Partner Earl T. Spytek, Genera,Y P&rtner Signed, se in our Psi and delivered STATE"'OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of June, 1982, by GEORGE FREDERICK, FRED R. TUERPE and EARL T. SPYTEK, General Partners of F S T PARTNERSHIP•, a Florida General Partnership. Notary Public, State of Florida at Large. My Commission expires: lid �mith, O'Haire, Quinn & Garris, Attorn t Law, 2205 - 14th Avenue, Vero Be- -ida 32960 (-4351 e U A;o WARRANTY DEED i THIS INDENTURE, made this 3 X43 day of lc cvc,a7- . 1982, between CHARLES B. POWER and BILLIE CARLENE POWER, his i wife, whose post office address is P.O. Box 493, Vero Beach, e Florida, 32960, Grantors, and INDIAN RIVER COUNTY, a political i subdivision of the State of Florida whose mailing address is 1840 i 25th Street, Vero Beach, Florida 32960 of the County of Indian River, State of Florida, Grantee, WITNESSETH, That said Grantors, for and in consideration of the sum of ONE and no/10Vt$1.00i Dollar., and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt whereof is hereby acknowledged, have } granted, bargained and sold to.Grantee,'and Grantee's heirs and assigns forever, the following described land, situate, lying ands being in Indian River County, Florida, to wit: The South 15' of South 5 acres of,West 10 acres of East 20 acres of Tract 2, Section 26, Township 33 South, Range 39 East, according to last general plat of lands of Indian River Farms Company, filed in the -office of the Clerk of the Circuit Court of St:, Lucie County, Florida, in Plat Book 2, page 25. Subject to all taxes and assessments subsequent to the year 1982. TOGETHER with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. By acceptance- of -delivery- of -thi-s.deed,- GRANTEE PROMISES AND COVENANTS to make all improvements reasonably necessary to contain drainage runoff from the 11th Street S.W. right of way within said right of way; to dress the driveway apron into Grantors' property, including installation of a culvert if necessary to equali%e drainage; and to relocate the* marker - existing fence and southwest property corner/to the new south boundary of the parent tract. AND said Grantors do hereby fully warrant the title to :r said land, and will defend the same against the lawful claims of DOC. ST.; AMT. S . _ ,$ FRERA WRIGHT, Clerk of Circuit Court Indian River County - byA',� SEP all persons whomsoever. "Grantor" and "Grantee" are used for singular or plural, as context requires. I IN WITNESS WHEREOF, Grantors have hereunto set grantors' hand and seal the day and year first above written. sealed in delivered resenceo STATE OF FLORIDA COUNTY OF INDIAN RIVER it 6� v�2 CHARLES B. PO BILLIE CARLENE POWER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgments, personally appeared CHARLES B. POWER and BILLIE CARLENE POWER, to me known to be the persons described in and whc executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in t e County and State last aforesaid this 3 to day of dui A.D. , 1982. Notary Public NOTARY PUBLIC STATE OF FLORIDA R1Y WtOMI�SIONIXPIRES JAN 13 1986 kQLrQ1Q SBU COAML INS a UUQERW91 ERS _2 no .8 ... J a; i2 Cwt:. rD•.I C (>� pCj O C` _2 no PARK PARCELS DEDICATED ON THE PLATS OF ORCHID ISLAND The Board next reviewed the following memorandum dated August 10, 1982: TO: DATE: FILE: Board of County August 10, 1982 Commissioners of Indian River County SUBJECT: Park Parcels Dedicated on the Plats of Orchid Island. FROM: Gary M. Branden� REFERENCES: County Attorney This office has been requested to review the plats of Orchid Island Units 1 and 2 to determine whether the parcels indicated on the plats as parks are public property. Orchid Island Unit l has one park parcel denoted, and Unit 2 contains two parcels. The language on the plat clearly dedicates the parcels to the public and reads as follows; "CERTIFICATE OF DEDICATION" This is to certify that the lands as shown on this plat are the property of Orchid Island Development Company, a corporation of the State of Florida and it hereby dedicates to the public forever all streets, alleys and parks as shown thereon." There seems to be some confusion as to whether the County ever formally accepted the parcels by adoption of a written resolution. It can be argued that this confusion coupled with an Attorney General Opinion which indicates dedications of property to the public by a developer may be withdrawn at any time prior to acceptance by the County, raises a question of ownership of the parcels. The adoption of the attached resolution will remove this - -question and s-ettle the title in the County. The County will then be in a position to use, leave as is or dispose of the property according to law. RECOMMENDATION 1. Adopt the attached resolution settling title of the park parcels in the County and authorize the County Attorney to record a copy of the resolution in the Official Records of Indian River County and 2. Request the Planning & Zoning Department to review all known recorded plats in Indian River County to determine if any other park parcels such as the ones in question in this memorandum exist. ,r 1'.f7i7 0 Commissioner 1982- 2 Commissioner Bird briefly reviewed events of the last few months concerning the intended use of the park parcels at Orchid Island. He had asked the Attorney to do research and make a determination if the park parcels were dedicated to the County or to the residents of the area. After discussions and correspondence with Attorneys VanDeVoorde and Henderson, this item was withdrawn from the last meeting, but now it was back for the Board to make a determination. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bird, that the Board adopt Resolution 82-86 formally accepting park parcels on Orchid Island. Roger Cooper, resident of Orchid Island, approached the Board, and noted that the developer in the area_ had planned for the park parcels to belong to the potential property owners. He asked if the property owners or the County had control of the lots. Dr. Charles Holt, Orchid Island, came before the Board and briefly discussed the confusion concerning the property, and the property owners wanted to have clarification that it was County -owned property. Attorney Brandenburg noted that on the plats, the park parcels were clearly dedicated to the public but that would not preclude the Board from using, the parcel as a neighborhood park. He suggested the resolution be utilized because the dedication of the park was an offer, and unless an act accepting it occurred, the offer would be outstanding. Attorney Brandenburg added that because of that, and the doubt it had created, he suggested the resolution be adopted. r r Discussion followed along those lines. It was pointed out that Attorney Henderson was concerned about a probate matter with his client involving property in this area. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. res c.. mu 1 1 42 .�' 3. H KZbULUT1UN Ur' THt BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, FORMALLY ACCEPTING PARR PARCELS DEDICATED TO THE PUBLIC. if WHEREAS, Orchid Island Subdivision Units 1 and 2 were platted and recorded in the Official Records of Indian River County on May 2, 1955, and January 15, 1960, respectively, and WHEREAS, both plats contain a dedication of certain lands designated for parks on the plat, to the public forever, and WHEREAS, the County believes that title to the park parcels was settled in the general public by virtue of the County's approval and -recording -of said plats and acceptance by the County, and WHEREAS, to clarify and settle this matter forever it is now necessary to adopt a formal resolution to be placed in the official records of Indian River County accepting the dedication of these park parcels. NOW, THEREFORE, BE IT RESOLVED BY -THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that; 1. The park parcels dedicated to the public forever in the plats of Orchid Island Subdivision Units 1 and 2 located at Plat Book 4 Page 3 Docket #69904 and Plat Book 6 Page 32 Docket #110091 of the Official'Records of Indian River County have previously been accepted by the County. 2. Said acceptance Ls hereby -ratified and reconfirmed. 3. County Attorney is authorized and instructed to record a copy of this resolution in the Official Records of Indian River County, Florida. The foregoing resolution was offered by Commissioner Lyons who moved its adoption. The motion was seconded by Commissioner Bird and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice -Chairman A. Grover Fletcher Aye Commissioner Patrick B. Lyons Aye Commissioner William C. Wodtke, Jr. Aye Commissioner Dick Bird Aye The Chairman thereupon declared the resolution duly cc O .a co .o AR a'9 passed and adopted this 1 day of September, 1982• BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By/ y,,, G DON C. Ste' CURLO+ Chairman Attest: FREDA WRIGHT, erk APPROVED S TO FORM AND LE SUFF CI CY By A _ L - Attorney - co �-_C -70 tD nM -0 O 2c�3' - C M Z:c- rn �; -,r- gs O-iiil � rya fv rn CA Q. co N w 9-9 cc �l . ami h SEP 1:19Uall L � Y 51"A APPROVAL APPROVAL OF SCHOOL BOARD LEASE - HOBART ANTENNA i� The Attorney suggested that the Board enter into the lease and recommended approval, subject to the School Board signing the lease. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner, the Board unanimously approved the School Board Lease regarding the Hobart Antenna. The lease will become part of the record when received. ADDITION TO AGENDA Commissioner Lyons referred to the Douglas Elementary School and requested that it be added to the Agenda today. Commissioner Wodtke stated that he had met with 140 people recently regarding this subject and was asked if there would be any discussion concerning'Douglas Elementary School at today's meeting. He advised them that it would not be on the Agenda today but would be on the September 15, 1982 agenda; therefore, he would prefer not to have it added today. TRANSPORTATION PLANNING -COMMITTEE REPORT Commissioner Fletcher advised that they did not have a quorum present for the Committee meeting, and instead, a brief discussion was held. Public Works Director, Jim Davis, interjected that a study had been completed for the area at 43rd Avenue and State Road 60. Also, there was a discussion with the City yesterday regarding the traffic light at 42nd Avenue. He advised that all of `the items discussed would be run through the Transportation Planning Committee at their next meeting. STRAW BALLOT The Board reviewed the following letter from the ACT organization: „AWARE AND CONCER 4YERS I Nc, INDIAN RIVER COUNTY FLA r �` '• POST OFFICE BOX "K” VERO BEACH,FLA. John Serann�r, V;4.YVAlice Yarick, Secetaiy �j- Lois McBane, Treasurer -�' �-• . Beulah Law Diredtor' _— ``_ Bill Stegkemper, , ...-. directorAC - ` Frank L. Zorc, Director ,— - -- T : - L. L� is August 30, 1982 NEWS RELEASE - DIRECIMS MEEITM----� 12;00 NOCK Vero Beach, Florida After discussion the following actions were taken by the "ACP' Board of Directors meeting at Howard Johnsons Restaurant, Vero Beach, Florida 1. Mr. John Seramar was moved up to fill the office of President vacated by'. the resignation of Mrs, Beulah Law, who remains as a director. 2. The board voted.unamimous to make immediate request to county comm- ission September 1, 1982, for the commission to establish the guides for taxpayers in set numbers or percentages, whereas a straw ballot referendum or recall petition will be accepted. 3. The board voted unanimous to research the basis for requesting a court order to force a county straw ballot with -Novembers election, considering the number of taxpayers requesting and the fact no county guidlines exist to provide such as straw ballot.. 4. The board dedided to give serious consideratiou, if all else fails, to arrange a private independent straw ballot, with booths for all taxpayers to vote in near every precinct together with the November election on the same day. The election supervision, office has cleared this possibility as long as the moths were located a minimum of 3001 from precinct stations. John A. Seramur, President Cell r r pk6C c: l S� 46 Commissioner Fletcher discussed having a referendum; i� having a straw ballot; and procedures for removing a member of the Board. He continued that the Attorney indicated to him that the Board did not have the power or authority to create an ordinance that would allow the public to remove a Commissioner. Attorney Brandenburg affirmed his statement and added that the authority to remove a County Commissioner in non -chartered counties was vested in the Governor, with specific reasons for doing so. _ _. _Lengthy discussion ensued; it was determined that the Attorney could look into the matter and 'see what other counties have done. Chairman Scurlock felt that there were various. questions that needed to be explored. He thought a committee should be formed to analyze this problem and make recommendations. ON MOTION by Commissioner Fletcher, SECONDED by Commissioner Lyons, the Board unanimously authorized the Chairman to appoint a committee to review a procedure which would allow or disallow a straw ballot on a.petition basis, 0 and report back to the Board. OUT -OF -COUNTY TRAVEL ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Lyons, the Board unanimously approved out -of -County travel to those persons interested in attending the Florida Shore & Beach Preservation Meeting from September 29 through October 1, 1982 in Captiva Island, Florida. SEP 1198 Commissioner Fletcher discussed having a referendum; i� having a straw ballot; and procedures for removing a member of the Board. He continued that the Attorney indicated to him that the Board did not have the power or authority to create an ordinance that would allow the public to remove a Commissioner. Attorney Brandenburg affirmed his statement and added that the authority to remove a County Commissioner in non -chartered counties was vested in the Governor, with specific reasons for doing so. _ _. _Lengthy discussion ensued; it was determined that the Attorney could look into the matter and 'see what other counties have done. Chairman Scurlock felt that there were various. questions that needed to be explored. He thought a committee should be formed to analyze this problem and make recommendations. ON MOTION by Commissioner Fletcher, SECONDED by Commissioner Lyons, the Board unanimously authorized the Chairman to appoint a committee to review a procedure which would allow or disallow a straw ballot on a.petition basis, 0 and report back to the Board. OUT -OF -COUNTY TRAVEL ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Lyons, the Board unanimously approved out -of -County travel to those persons interested in attending the Florida Shore & Beach Preservation Meeting from September 29 through October 1, 1982 in Captiva Island, Florida. PARKS & RECREATION COMMITTEE REPORT Commissioner Bird advised that Ken Ferrington, from the University of Florida, would be doing a Master Plan for the Hobart-Kiwanis Park project, He added that $8,000 had been budgeted for capital improvements at Gifford Park, and the Gifford Progressive League -wuuld be involved. Commissioner Bird stated that they had received a request for a softball field, from the residents of the Winter Beach area, from U. S. #1 to Old U. S. #1. He advised that the Road & Bridge Department would put in some fresh marl and -do the grading work. The residents were told the backstop could be built with the County providing the materials, and the residents providing the labor. Commissioner Bird noted that one beach access had been landscaped, and they would like to come up with names for the two beach accesses. He next discussed installing gate structures at the beach access and the possibility of having the Town of Indian River Shores assist the County in opening and closing the gates. Discussion followed, and it was determined that a sign should be installed at Indian River Shores indicating it was a "non -lifeguard beach." NORTH COUNTY FIRE DISTRICT MEETING The Board of County Commissioners recessed at 11:52 o'clock A.M. so that the North County Fire District Board might convene. Those Minutes are being prepared separately. The Board of County Commissioners recessed at 11:55 o'clock A.M. for lunch and reconvened at 1:30 o'clock P.M. with the same members present. r 7 48 ) SEP 11� I•W, 4 _ Published Weekl y County, Florida, will conduct a public hearing, Realty the PUBLIC HEARING — N & B REALTY, INC. APPEAL 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 � NOTICE' E ' NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Indian River Published Weekl y County, Florida, will conduct a public hearing, Realty the regarding the appeal by N & B of decision by the Planning and Zoning Com - Vero Beach, Indian River County, Florida mission to recommend denial of the site plan ..request.' The public hearing, at which parties in in- terest and citizens shall have an opportunity to COUNTY OF INDIAN RIVER: be heard, will be held by said Board of County STATE OF FLORIDA Commissioners In the County Commission _ Before the undersigned authority personally appeared J. J. Schumann, Jr, who on oath Chambers of the_ County Administration _ Building.. located at 1640 25th Street,—Vero .— says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published Beach, Florida, on Wednesday, Sept. 1,1t82,811 at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being 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- a poses, he may need to insure that a verbatim " record of the proceedings is made, which in, , t cludes testimony and evidence upon which the _ in the matter of appeal Is based. i Indian River County. ;•.; d� Board of County Commissioners ., By: -s -Don C. Scurlock, Jr., "d Chairman Aug. 13,25, 1482. 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 .. orporation any discount, rebate, commission or refund for the purpose of securing this adver- .isement for publication in the said newspaper. L_ a` e Sworn to and subscribed befor a thi 4Sday o� A.D. (B iness Manager) SEAL) (Clerk of the Circuit Court, I din River County, Florida) Recommendation of staff is set- out .in the following memorandum: TO: The Honorable Members of DATE: August 17, 1982 the Board of County Commissioners THROUGH: Michael Wright County Administrator DIVISION HEAD CONCURRENCE: Patrick Bruce King FILE: IRC -82 -SP -37, #686 SUBJECT: OF&SIB TE PLAIN DENIALAAL BYE HE PLANNING AND ZONING COMMISSION FROM: Dennis Ragsdale REFERENCES' Letter from Charles E. Garris Staff Planner to IRC Building Department, dated June 18, 1982. It is recommended that the data herein presented be given formal consideration by the Board of County Commissions in the form of a Public Hearing on September 1, 1982. DESCRIPTION AND CONDITIONS: The applicant is requesting approval to construct a 64 unit apartment complex on 3.96 acres.located at the southwest corner of 6th Avenue and 15th Place. An application for site plan approval was submitted on April 24, 1979, and approved by the Planning and Zoning Commission on December 13, 1979. An extension of the -approval was granted im- properly by the Planning and Zoning Commission on December 11, 1980. On June 17, 1981, a request for extension was removed from the County Commission Agenda. Approval of the site plan has expired. A new site plan application was submitted. The proposed development is identical to that which was previously approved. The proposed development includes four buildings containing 1.6 apartment units each and a single family one-story concrete block house which.presently exists on the site. On June 10,-1982, the site plan was unanimously denied -by the Planning and Zoning Commission at their regular business meeting. - - ANALYSIS.: 1. Size of Property: 3.96 acres or 172,674 sq. ft. 2. Zoning Classification: R-2, Multi -Family Residential (15 units/acre). 3. Land .Use Designation: MD -2 (up to 10 units/acre). 4. Proposed Density: 16.41 units/acre. 5. Building Coverage: 31,537 sq. ft. (18.2%) Parking & Drives: 62,150 sq. ft. (35.9%) Total Impervious 93,687 (54.1%) Surface 6. Off -Street Parking Spaces Required: 143 Provided: 143 7l ?AGE �9 t 50 SEP f 1992 7. Traffic Circulation: Two access points connecting to 15th Place are proposed. Presently, 15th Place has 12 feet of existing paving for the entire frontage of the property. The westerly access point is within 52 feet of 7th Ave., a 70' Right -of -Way which is presently not open. .8. Storm Drainage Plan: Approved by Public Works Director on March 30, 1981. 9. Landscape Plan - Perimeter Trees Required 41 Provided 41 Interior Trees Required '$ 10. Water Supply and Sewage System: Impact.fees have been paid to the County for _ provision of water and sewer services. 11. Surrounding Land Uses: Single family homes lie north, south and east of the subject property. An equipment storage yard is located to the west in the com- mercial zoning district. The Land Use Element of the Comprehensive Plan designates the subject property as MD -2 (up to 10 units/acre). Development of the subject property at the maximum of 10 units/acre would be a significant increase in land use intensity over the existing single family homes to the north, east, and west. Development of the subject property at 16.41 units/acre is inconsistent with the surrounding land uses, existing zoning and the Comprehensive Plan. Additional items on the site plan which require attention include: 1. Access is provided from 15th Place. Twelve feet of pave- ment presently -exists and the applicant proposes to expand this to 20 feet. The pavement and roadway design should meet the approval of the Public Works Director. One of the proposed access points lies 52 feet from 7th Avenue Right -of -Way. If 7th Avenue is improved in the future, this could cause a hazardous situation. The access point should be a minimum of 150 feet from the 7th Avenue Right -of -Way line; and 2. At least 15 of the proposed trees, which are required by the County's landscaping ordinance, are native Azalea, which do not comply with the criteria. established for trees outlined in the Indian River County Code of Laws and Ordinances, Section 132-19. Plant Materials. RECOMMENDATION: Staff recommends denial.of the appeal for site plan approval. Charles E. Garris, Attorney representing N & B Realty, Inc., approached the Board and gave a brief history of the situation from 1975 until the present. He reviewed the water problem, the moratorium, and the fact that Mr. Nicotra, of N & B Realty, Inc., applied for water taps in February,, 1981 and paid $43,000 to the County Utility Department for 65 residential connections. Attorney Garris pointed out that Mr. Nicotra has spent a considerable amount of money anticipating construction at this site. Unfortunately, there were problems with financing, the site plan approval expired, and the building permit expired in December of 1982. Attorney Garris contended that work was initiated, engineering was in place, there was just a problem with the financing. He added that the Planning Department did not want to renew the site plan because of the new change in zoning, as a result of the Comprehensive Land Use Plan. Attorney Garris felt that Mr. Nicotra and the corporation had vested rights in the property as he acted. in good faith in trying to get this property developed, and gave the County $43,000 for the water connections. Attorney Garris stressed that due to the moratorium placed on 6th Avenue, it presented a hardship to his client and he was not allowed to proceed. He felt _ -approval --should be granted for continuation of this development. Lengthy discussion followed, and it was noted that two wells were put in on the site and were capped. It was determined that the moratorium on 6th Avenue occurred in July or August of 1979. Dennis Ragsdale, Planning Department, interjected that the Building Department indicated that their permit had expired. J� Commissioner Lyons felt there were some gaps in the time element of the applicant's pursuit in this matter. 52 �7 , -.u:..._..ni ....{.'3hn.w..l .�csa=.a4:.�_6 v,. ..,..,...v-,..,a.i� }c^,.. ..... s4;w.. .... .... ... ,._ ... .. . ,_ �...,a6,a; ..,..„ .. , � wvBE...... — y.>......-_..�.ue..,..... ,..e,<. _....-....... _. .. �:..'.. ...y +..,.. ,. w.... ON MOTION by Commissioner Lyons, SECONDED by Commissioner Fletcher, the Bbard unanimously Agreed to close the public hearing. MOTION WAS MADE by Commissioner Fletcher, SECONDED by Commissioner Wodtke, that the Board accept the recommendation of the staff_ and deny the site plan approval as indicated in the memorandum dated August 17, 1982. Attorney Brandenburg commented that the applicant's remedy would be to go to Circuit Court or submit a`site plan that would meet the requirements of the Board. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. PUBLIC HEARING - GEORGE CHILDERS REZONING REQUEST The hour of 2:30 o'clock P.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: 53 M. VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE .OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a c r in the matter of V R r7,e `:� /`i'tc-�L►. in the Court, �was pub- lished in said newspaper in the issues o .3 0?1504J Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian- River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tiserrent; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Swom to and subscribed before (SEAL) this (Clerk of the Circuit Court, • Manager) River County, Florida) NOTICE I NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Indian River County, Florida, is reviewing the feasibility of tmaking the following changes and additions to he Zoning Ordinance of Indian River County, Florida, which changes and additions are substantially as follows: 1. That the Zoning Map be changed in order that the following described property situated north of the intersection of S.R. 60 and 711th Avenue, lying directly east of Westgate Colony Subdivision, in Indian River County, Florida, to -wit: East 10 acres of Tract 6, Section, 1, Township 33 South, Range 38 East, Indian River Farms Subdivision, Indian River County, Florida. Be changed from R-3, Multiple Dwelling District and A, Agricultural District to R-28, Multiple -Family District. The Board of County Commissioners will conduct a public hearing regarding the appeal by the applicant of the decision by the Plan- ning and Zoning Commission to recommend disapproval of the rezoning request. The public hearing at which parties in Interest and citizens shall have an opportunity to be heard, will be held by said Board of County Com- missioners iri the County Commission Chambers of the County `Administration Building, located at 1840 25th. Street, Vero Beach, Florida, on Wednesday, September 1, 1982, at 2:36 p.m. If any person decides to appeal any decision made on the above matter, he will need a I 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: -s -Don C. Scurlock, Jr., Chairman Aug. 13.25. IM. The Board reviewed the following memorandum from Staff Planner Ragsdale dated August 18, 1982: 54 -SEP 11982 TO: The Honorable Members of the Board of County Commissioners THROUGH: Michael Wright County Administrator DIVISION HEAD CONCURRENCE: 21"k Patrick Bruce King FROM: Dennis Ragsdale Staff Planner DATE: August 18, 1982 FILE: TRC-82-ZC-6,#458 GEORGE CHILDERS REQUEST TO SUBJECT: ZONE 4.68 ACRES FROM AGRI- CULTURE, AND 3.86 ACRES FROM R-3 TO R -2B, MULTI -FAMILY RESIDENTIAL (8 UNITS/ACRE). REFERENCES: It is recommended that the data herein presented be given formal consideration -by -the Board of County Commissioners in the form of a public hearing on September 1, 1982: DESCRIPTION AND CONDITIONS: The applicant is requesting that approximately 3,86 acres presently zoned R-3, Multi -Family Residential and approxi- mately 4.68 acres presently zoned for Agriculture be re- zoned to R -2B, Multi -Family Residential (8 units/acre). The site, located onthe north side of State Road 60, one block east of 79th Avenue, is designated MD -1 (up to 8 units/acre) in the Comprehensive Plan. The following series of events have led to the scheduled September 1, 1982, Public Hearing: 1) At the regular meeting of the Planning and.Zoning Com- mission held on April 22, 1982, Mr. Childers rezoning request was denied by a 4 -to -1 vote. The reason given for this denial was, "the proposed rezoning was not compatible with surrounding zoning and because of the low density all around, single family." 2) A letter -appealing the Planning and Zoning Commission's decision was received on April 23, 1982. 3) A letter dated May 7,. 1982, was sent to Mr. Childers informing him that a public hearing for his appeal would be scheduled for June 16, 1982, at 1:30 P.M. 4) On June 10, 1982, the County staff received,a letter from George Childers.requesting that the public hearing be rescheduled. 5) On June 15, 1982, the County staff received another letter from George Childers indicating the reasons for his request to reschedule the public hearing. The reasons were that a full commission would not be present and he would be out of town. 6) On June 16, 1982, at the scheduled public hearing, the Planning staff read Mr. Childers' letters to the Board. of County Commissioners. The request to reschedule the public hearing was not approved. A motion to reschedule the public hearing failed. The vote on the motion was 2 -to -2. Subsequently, the appeal of the Planning and Zoning Commission's denial of the rezoning request failed for lack of a positive motion. 7) A letter dated June 17, 1982, was sent to Mr. Childers informing him of the action taken by the Board of County Commissioners. 8) On June 30, 1982, the County staff received a letter from Samuel A. Block, representing Mr. Childers, requesting reconsideration of the June 16, 1982, County Commission decision. 9) On July 21, 1982, at the regular meeting of the.Board of County Commissioners, Mr. Childers was granted another public hearing concerning his rezoning request. This public hearing -was scheduled by staff for September 1, 1982. ANALYSIS: North of the subject property the Land Use designation is MD -1 (up to 8 units/acre) and the zoning is Agricultural. Groves presently occupy this property. Greenbriar Subdivision is located to the south, across State Road 60. The Land Use designation is MD -1 (up to 8 units/ acre) and the zoning is R-1, Single.Family Residential (6.2 units/acre). The effective density of this subdivision is approximately 4.7 lots/acre. The property to the east is zoned R-3, Multi -Family Resi- dential and the Land Use designation is MD -1 (up to 8 units/ acre). This property is presently vacant. Westgate Colony Subdivision is located immediately west of the site. The zoning is R-1, Single Family Residential (6.2 units/acre) and the Land Use designation is MD -1 (up to 8 units/acre). The effective density of'this subdivision is approximately 3.4 lots/acre. The site lies partially within the strip R-3, Multiple Family zoning district between 74th and 80th avenues. which extends 660 feet to the north and south of State Road 60. The strip R-3 District is divided by R-1, Single Family Residential zoning in Westgate and Greenbriar Subdivisions and by the neighborhood commercial node which is located at the south- east corner of State Road 60 and 82nd Avenue. Multi -family residential development has not occurred in the R-3 zoning district—If-the If -the subj ect property were rezoned to R -2B, the maximum allowable units would be approximately 68. The 1982 Comprehensive Plan makes several statements concern- ing development proposals, including: 1. "Proposals for urban development shall compliment existing residential patterns." Single family sub- divisions are located to the south, west and northwest of the subject property. Multi -family development is presently non-existent in the immediate area of the site. 2. "Land Use designations do not represent entitlements." 3. "The Land Use Plan assigns specific density capacities to various land districts. Each district is given its particular residential density according to the follow- ing criteria: Air,' v. SEP 2 3. A) Historical development patterns. B) Proximity to urban centers. C) Physical Characteristics." A portion of the site, as well as, approximately 160 additional acres have been zoned R-3 since 1957, with the adoption of the first zoning map in. Indian River County. Despite the zoning, the development trend for the area has been low density single-family residences. Recently, approximately 10 acres south of State Road 60, in the vicinity of the subject property, was rezoned to R -2D, Multi -Family Residential (6 units/ acre). It is expected that in the near future, a development proposal for this property will be submitted for review by the County staff. The northern portion of the subject property is zoned for agri- culture. There are development pressures for the agricultural lands within the State Road 60 Corridor, however, the trend has thus far been toward low densities, not exceeding 6 units/acre. RECOMMENDATIONS: Staff recommends denial of the rezoning request for the following reasons:. 1) The site is immediately adjacent to a single family residential subdivision which has a density of approximately 3.4 lots/acre. The 1982 Comprehensive Plan states, "Proposals for urban de- velopment shall compliment existing residential patterns." 2) The 1982 Comprehensive Plan states that each land use district is given a particular residential density according to histor- ical development patterns', proximity to urban centers and physical characteristics. Historically, development in the State Road 60 corridor has been single family residential and has not exceeded six units/acre. The subject property is located approximately.3.5 miles from the Vero Beach City Limits and over 4.5 miles from the urban center. Samuel A. Block, Attorney for George Childers, approached the.Board and requested that this property be rezoned to R -2B. He gave a brief summary of the area and the surrounding properties and pointed out that there has never been anything other than low density in this area. Attorney Block did not feel the Planning Department's decision to -designate this property as MD -1 was feasible. He then. discussed the physical characteristics of this property and he felt a four lane highway, such as Route 60, could handle the additional people. Attorney Block indicated that they. could meet the requirements for R -2B, there were no environmentally sensitive problems in the area, and the drainage problems have been solved; therefore, he requested the Board rezone this property to R -2B. Lengthy discussion followed concerning density, private roads and subdividing land. The Chairman asked if there was anyone present who wished to be heard. Walter Rice, 2036 79th Avenue, came before the Board and commented that he was impressed with the improvement of Route 60, now that Village Green, Westgate, and the new bank were situated there. He felt sure that Mr. Childers would develop his property and it would look good. Mr. Rice mentioned there were petitions for and against -Mr. Childers' development, but he was mainly concerned that if there were a fire on Mr. Childers' vacant property, the surrounding neighbors would not have a chance. He was in favor of having this property rezoned and developed. Dot Friburg, 2146 79th Avenue, stated that she did not want to see this property developed. She mentioned that junk cars were on the property and that it should be cleaned up. Ms. Friburg expressed concern, about 21st Street and wondered if it would be cut through to 79th Avenue. 58 PE -ate r SEP 11982 Chairman Scurlock commented. that ingress and egress I.; would only be on Route 60, and would be addressed in the site plan review. Commissioner Wodtke pointed out that if this property were subdivided for single family residences, they possibly would be forced to open up 21st Street through to 79th Avenue. Frank Torlucci, 2075 79th Avenue, spoke in favor of Mr. Childers' development; he felt it would be an asset to the community,_eliminate_the present -eye sore, and increase the value of the property. Ms. Friburg interjected that she would like to see as few people as possible on Mr. Childers' property. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Fletcher, the Board unanimously agreed to -close the public hearing. A brief discussion followed, and it was felt that R -2D might be better zoning than the requested R -2B. It would still be the same use, with just a lesser density. MOTION WAS MADE by Commissioner Bird, SECONDED by Commissioner Lyons, that the Board adopt Ordinance 82-19 rezoning the property owned by George Childers in Indian River Farms Subdivision from R-3 and A to.R-2D. 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. ORDINANCE NO. 82-19 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, t0 -wit: East 10 acres of Tract 6, Section 1, Township 33 South, Range 38 East, Indian River Farms Subdivision, Indian River County, Florida. Be changed from R-3 Multiple Dwelling District and A - Agricultural District to R -2D Multiple -Family District. All with the meaning and intent and as set forth and described in said Zoning Regulations. This Ordinance shall take effect September 7, 1982 4 AM PAGE .t 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. 814.95-81753 inclusive. Such bills and accounts being on file in the Office of the Clerk of the Circuit Court, the warrants so issued from the respective bonds being listed in the Supplemental Minute Book as provided by the rules of the Legislative Auditor, reference to such record and list so recorded being made a part of these Minutes. There being no. further business, on Motion made, -seconded and carried, the Board adjourned at 3:35 o'clock P.M. ATTEST: Clerk Chairman