HomeMy WebLinkAbout3/2/1983i i In
Wednesday, March 2, 1983
The Board of County Commissioners of Indian Raver
County, Florida, met in Regular Session at the County
Commission Chambers, 1840 25th Street, Vero Beach, Florida,
on Wednesday, March 3, 1983, at 8:30 o'clock A.M. Present
were Richard N. Bird, Chairman; Don C. Scurl;odk, Jr., Vice
Chairman; Patrick B. Lyons; and William C. Wodtke, Jr. No
replacement for Commissioner A. Grover Fletcher has been
named by the Governor as yet. Also present were Michael J.
Wright, County Administrator; L. S. "Tommy" Thomas,
Community Services Director; Gary Brandenburg, Attorney to
the Board of County Commissioners; Jeffrey K. Barton,
Finance Director; Dan Fleishman, Bailiff; Barbara Bonnah and
Virginia Hargreaves, Deputy Clerks.
The Chairman called the meeting to order.
Reverend G. Julius Rice, Community Church, gave the
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invocatiok
Vice Chairman Scurlock led the Pledge of Allegiance to
the Flag. �,
ADDITIONS TO AGENDA
The Chairman asked if there were any additions to
the Agenda.
County Administrator, Michael J. Wright, requested a
discussion re beach acquisition financing be added to the
Agenda.
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MAR 2 1983
ON MOTION MADE by Commissioner Wodtke,
SECONDED by Commissioner Lyons, the Board
unanimously agreed to add the above item to
today's Agenda.
MAR 2 1933 �=
Chairman Bird requested a brief discussion regarding
the proposed telephone rate increase and the effect it will
have.on Indian River County.
ON MOTION MADE by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the Board
unanimously agreed to add the above item to
the Agenda.
Commissioner Wodtke requested an addition to the Agenda
of a discussion re the annual coastal seminar to be held by
the Florida Shore & Beach Preservation Association.
a _
A-
e
ON MOTION MADE by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the Board
unanimously agreed to add the above item
to the Agenda.
DELETION TO THE AGENDA
Commissioner Wodtke requested his report on the
Building Committee be deleted from the Agenda.
APPROVAL, OF MINUTES
The Chairman asked if there were any additions or
corrections to the Minutes of the Regular Meeting of
February 2, 1983.
ON MOTION MADE by Commissioner Lyons,
SECONDED by Commissioner Scurlock, the
Board unanimously approved the above
minutes, as written.
The Chairman asked if there were any additions or
corrections to the Minutes of the Special Meeting of January
24, 1983.
W W W
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ON MOTION MADE by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the Board
unanimously approved the above minutes, as
written.
Attorney Brandenburg belatedly called to the Board's
attention that in the minutes of the Regular Meeting of
February 2, 1983, in the last paragraph on page 37 where
Commissioner Fletcher had asked him if we were in our legal
right to impose these requirements and conditions at this
time, it should read: "that he was assured that the
Commission does have the right, although any applicant has
the ability to have a matter reviewed in court."
Attorney Brandenburg also noted that on page 38 of the
same minutes, the motion was incorrectly reported; that it
should read: "the Board unanimously approved the
preliminary plat approval for Luria's Plaza with the
inclusion of all staff recommendations of six conditions
P
dated January 24:, 1983, with Condition #4 being modified to
read, 'recommended that the entrance drive be four lanes --
two lanes
,Vn and two lanes out -- '.to be divided by a
ten -foot wide, planted median."
fi
ON MOTION MADE by Commissioner Lyons,
SECONDED by Commissioner Scurlock, the
Board unanimously agreed to reconsider
approval of the Minutes of the Regular
Meeting -of 2/2/83.
ON MOTION MADE by Commissioner Lyons,
SECONDED by Commissioner Scurlock, the
Board unanimously approved the Minutes of
the Regular Meeting of 2/2/83, as
amended by the Attorney.
3 is 52'rA2858
MAR 2 1983
CLERK TO THE BOARD
A. Approval of Budget Amendment - Civil Defense Radiological
Monitoring Course
The Board reviewed the following memo dated 2/9/83:
Telephone: (305) 587-8000
ON MOTION 14ADE by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the Board
unanimously approved the above budget amend-
ment, as recommended by Finance Director,
Jeff Barton.
A
February 9, 1983
To: Board of County Commissioners
From: Jeffrey K. Barton, Finance Dir ecto r
Re:, Civil Defense Radiological Monitoring Course
o_
SOncom Telephone: (305) 424-1012
The following budget amendment is necessary to correctly allocate the
revenues and the expenses on the above referenced course.
Account Title
Disaster Preparedness
Regular Salaries
Maintenance Auto
Office Supplies
Other Machine & Equip.
Travel
Account Number
001-000-342-41.00
001-208-525-11.12
001-208-525-34.64
001-208-525-35.11
001-208-525-66.49
001-208-525-34.02
Increase.' Decrease
2,865
• 1,247
500,
400
259
450
M i i
B. Approval of Budget Amendment - Unemployment Com onsation
The Board reviewed the following memo dated 2/11/83:
February 11, 1983
To: Board of County Commissioners
From: Jeffrey K. Barton, Finance Director
Re: Unemployment Compensation
The following budget
amendment is necessary'to
cover unemployment
compensation for the quarter ending December 31,
1982 as no funds were
budgeted for this expense.
Account Title
Account Number
" Increase Decrease
Unemployment Compensation
001-210-572-12.15
143.
B.C.C. Contingencies
001-199-513-99.91
143.
Unemployment Compensation
004-214-541-12.15
303.
B.C.C. Contingencies
004-199-513-99.91
303,
Unemployment Compensation
411-217-534-12.15
309.
B.C.C. Contingencies
411-199-534-99.91,.
309,
Unemployment Compensation
471-235-536-12.15
17.
B.C.C. Contingencies
471-235-536-99.91
17.
ON MOTION MADE by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the Board
�unanimously approved the above budget amend-
ment, as recommended by Finance Director,
Jeff Barton.
5 X 5 "PAGE quo e
MAR 2 1983
C. Approval of Budget Amendment - Agreement with
Dr. Frazier
The Board reviewed the following memo dated 2/14/83:
�C- To: Board of County Commissioners
`. From: Jeffrey K. Barton, Finance Director
`•"�� Subject: Agreement with Dr. Frazier
The following budget amendment is necessary to provide for the payments to
Dr. Frazier for services for the establishment of a County -wide Emergency
Medical Service System.
The funds to be used are to be transferred from the 911 System budget, where
there are extra funds available due to the. fact that the monthly charges are
lower that originally anticipated.
Account Title Account # Increase Decrease
Medica Services 001-107-525-33.12 10,000u_,.
Other Comm. Services 001.-107-525-34.19 10,000
ON MOTION MADE by Commissioner Lyons,
SECONDED by Commissioner Scurlock, the
Board unanimously approved the above budget
amendment, as recommended by Finance Director,
Jeff Barton.
CONSENT AGENDA
Commissioner Scurlock requested that items C & D be
removed from the Consent Agenda at this time.
A. Approval of Chairman's Signature - Deputy Appointment
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the
Board unanimously approved the signature
of the Chairman on the deputy appointment
of Sandra Lifset by Sheriff Dobeck.
B. Reports
Received and placed on file in the Office of the Clerk:
Traffic Violation Bureau, Special Trust Fund -
Month of January, 1983 $33,355.61
Traffic Violation Fines by name - January, 1983
C. Request for Site Plan Extension - The Moorings
Development Co.
The Board reviewed the following memo dated 2/8/83:
To.. DATE: FI �.E: - -
The Honorable Members
of the Board pf Country
Commissioners f
February 8, 1983
DIVISION HEAD CONC[]RREtQti: M SUBJECT: THE MOORINGS DEvaoPmau
COMPANy'S PETITION FOR THE
- EXTENSION OF SITE PLAN
Patrick Bruce Kang AICP APPROVALS
Letter to the Chairman of
FROM:Jane V. Goetzfried the Board of County
staff Planner REFERENCES: Commissioners from
Dorothy A. Hudson dated
February 3, 1983
It is requested that the data herein presented be given formal consideration
by the County Commission at their regular meeting on March 2, 1983.
DESCRIPTION & CONDITIONS
On October 22, 1981 the Planning and Zoning Carmi.ssion granted site plan
approval to the Moorings Development Company for the construction of three
(3) individual projects.
1, Southwinds, Lot 55, Unit 1: A 107 unit multi -,family developmen•L• -
proposed for a 13.55 acre tract iAuch is zoned R -2C (12.]. units/
acre). The designed density for this project is 7.9 units/acre.
7
wn'. { DACE .
MAR 2 198
2. The PointeS, Lot 119, Unit 2: The project site for this 55 unit
multi -family development is a 4.8 acre parcel that lies in the R-3
zoning district which would allow up to 15 units per acre. The
Proposed density is 11.36 utzits/acre.
3. The Trellises, Lot 57, Unit 2: A 62,000 square foot retail sales
and "office complex is proposed for this 5.32 acre site situated in
the C-lA, Restricted Commercial zoning district,
The Land Use Element of the Carprehensive Plan designees the Moorings as
ID -1 with a maximum allowable density of 3 units/acre, with the exception of
a 10 acre commercial nate located at the intersection of Highway A -1-A and
Mooring Line Drive.
The proposed deve].opmm-iLs exceed the dc-nsity specifier) by '-he Plan, however,
the Canprehensive Plan states "Projects which have received site plan or
subdivision approval at the date of adoption of this Plan shall be con-
sidered in conformity with the Plan." It should also be noted that the
overall density within the Moorings is approximately 2 units/acre.
On July 7, 1982, the Board of County Cammidsioners granted a 1 year
extension of the site plan approval for the 3 projects with -an expiration
date of October 22, 1983.
At this time the applicant is requesting that the sitrejplan approvals for
Southwi.nds, the Pointes and the Trellises be extended for eighteen months,
with an expiration date of April 22, 1985.
ALTERNATIVES & ANALYSIS
Site plan approval terminates after one year if construction of the approved
Plan has not begun. Extensions may be granted by the Board of County
Commissioners at its discretion.
Traditionally, a 1 year extension of site plan approval has been granted by
the Board at the request of the applicant. This additional time usually
allows for final arrangements to be made prior to the commencement of
construction. Once the construction has begun, there are no applicable
Provisions providing a time limit to complete construction.
At the time of the original site plan approval it was anticipated that the
referenced projects would receive sewer service from Hutchinson Utilities,
Inc., a franchised company which provides wastewater treatment for the
Moorings development.
The existing facility is committed to approximately 880 of its capacity and
it is expected that single-family residences will acquire the remainder of
the available service.
Hutchinson Utilities is in the final stages of preparing plans for a new'
wastewater treatment facility which will service the rest of the Moorings
develogwnt. It is projected that the new plant will be on line and
operating by the end of 1983.
Prior to the issuance of a building permit documentation shall be received
from the County Utilities Division that sewer service is available for the
approved project. This requirement necessitates the granting of the
requested extension of site plan approval to allow for construction of the
new wastewater plant. It is anticipated construction of at least'Pone of the
Projects would begin within six months of the completion of the treatment
facility.
RECO .NIDATION
Staff recortanends approval of the Moorings Development request for the
extension of site plan approval for Southwinds, The'Pointes, and The
Trellises.
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Commissioner Scurlock explained that he had requested
this item be removed from the Consent Agenda for discussion.
He noted that in the past we had set a policy indicating
that when a particular area was not in conformance with the
new Comprehensive Land Use Plan that we were going to try to
limit our extension of site plans to a period of not to
exceed one year. In this particular case, however, he felt
there is some uniqueness, especially since the overall -
area is well under the overall density that is required by
the master plan. In addition, there has been some
difficulty in terms of utilities expansion. He thought it
was important to note that there was a question about assets
being transferred over from the Moorings Development Company
to the Hutchinson Utilities and believed that has been
resolved and that good planning has been demonstrated in
this particular area.
MOTION WAS MADE by Commissioner Scurlock,
SECONDED by Commissioner Lyons, to approve
extension of site plan approval for Southwinds
The Pointes, and The Trellises, as recommended
by staff.
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Discussion followed, and Commissioner Lyons felt, in
order to avoid setting a general precedent, that it should
be noted for the record that his reason for voting for this
extension would be that it is an overall integrated
development where the total density is well within the
Master Plan.
Dorothy Hudson, attorney for the Moorings, thanked the
Commission for allowing them to complete their projects.
THE QUESTION WAS CALLED by Chairman Bird.
The Motion was voted on and carried unanimously.
D
MAR 2 1983
MAR 2 1933
rtux
D. Request for Extension of Preliminary Plat Approval
Mitchell Acres/Pinecrest #3 Subdivision
The Board reviewed the following memo dated 2/22/83:
To:
The Honorable Members DATE: Februafy 22, 1983 FILE:
of the Board of
County Commissioners
DIVISION HEAD CONCURRENCE: EXrMSION OF PRELII
PLAT APPROVAL FOR
_
SUBJECT: NrrICHML /PINEC'RF„ST #3
SUBDIVISION
Patrick "Bruce King, AI
FROM: Clare Zimmerman _ D REEEREN6ES:
Planner I
It is requested that the information presented herein be given formal
consideration by the Board of County Commissioners at their meeting on
March 2, 1983.
�ON & CONDITIONS
Mitchell Acres/Pinecrest #3 Subdivision received preliminary plat
approval at the September 2, 1981 Board of County Commissioners meet-itig.
This approval will lapse on March 2, 1983, so the applicant has request-
ed a 6 month extension of preliminary plat approval.
ALTERNATIVES & ANALYSIS
The Proposed 10 acre subdivision has 32 lots, -,each of-.wh?.ch are aM- oxi_-
mately .25 acres in size. The proposed development is_zont.d R-1, ,Fjngle
E'amily Residential, 6.2 dwelling units/acre allowable -building de.�isi.,_y
and has a LD -2 low density residential, 6 dwelling units/acre allowahle
building density, land use designation. The proposedmibdivision eras
granted preliminary approval prior to adoption. of the County's
Comprehensive Plan, however the development does conform to the
requirements and guidelines for subdivisions which are in the plan.
Staff recon rends • that -a. 6 month erE ensi on Of- Pzeliiu�nar�C
be granted to Mitchell Acres/Pinecrest 43 Subdivision.
Commissioner Scurlock expressed some concerns about
continuing to reserve capacity in the South County plant and
not receiving a monthly charge. He wished to be assured
that the Pinecrest Utilities would come on line with the
South County plant and Engineer Edwin Schmucker did not
believe there was any problem in this regaled.
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ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the
Board unanimously approved extension of
preliminary plat approval for Mitchell
Acres/Tinecrest #3 Subdivision.
E. Request of Release of Easeinerit Eligha Pryor
The Board reviewed the following memo dated 2/11/83:
TO: The Honorable Members DATE: February 11, 1983 FILE:
of the Board of County ER -83-02-05-13
Commissioners
SUBJECT: RELEASE OF EASEMENT
DIVISION HEAD CONCURRENCE REQUEST BY ELIGHA PRYOR
' SUBJECT PROPERTY: LOTS
5. AMID 6, BLOCK D, GARDEN
Patrick Bruce King OF EDEN SUBDIVISION
FROM: Zles xi cl? V REFERENCES:
Zoning Inspector
It is recommended that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of March 2, 1983.
5
1
DESCRIPTION AND CONDITIONS
The County has been petitioned by Eligha Pryor to release the common
side lot 5 foot easements of lots 5 and 6, Block D, Garden of Eden
Subdivision. It is Mr. Pryor's intention to construct a home on these
two (2) lots.
The request has been reviewed by Southern Bell, City of Vero Beach
Electrical Engineering, Jones IntercablevIsion, Florida Cablevision
Inc., and the Utility and Right -of --Way Departments. The Zoning staff
analysis, which includes a site visit, showed that drainage would be
adequately handled by the existing front and rear swales.
ALTERNATIVES AND ANALYSIS
Each of the subject lots is 50 feet in width and 100 feet in depth,
After site inspection by Zoning Inspector Charles Kindig, it is the
Zoning Department's opinion that to release the common side lot 5 foot
easements of lots 5 and 6, Block D, Garden of Eden Subdivision, would
have no adverse effect and would allow the petitioner to utilize these
two (2) lots as one larger, single family residential lot. However, if
the easements are not released, the petitioner will be denied his
request to utilize these two (2) lots as.cne .larger parcel.
RECOMMUIDATION
Staff recommends to the Board, through adoption of a resolution, the
release of the common side lot 5 foot easements of lots 5 and 6, Block
D, Garden of Eden Subdivision.
52 fAcEl.F
MAR Z 198 11
MAR 2 1983
got IZ
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ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Scurlock, the
Board unanimously adopted Resolution 83-15,
" approving the Release of Easement requested
by Eligha Pryor.
RESOUT!'ION NO - 8 3-15
WHEREAS, the Board of County Commissioners of Indian River
County, Florida have been requested to release the cin side lot 5
foot easements of lots 5 and 6, Block D,A Garden of Eden Subdivision,
according to the Plat of same recorded in Plat Book 4, page 36, of the
Public Records of Indian River County, Florida.
WHEREAS, said lot line.easements were dedicated on the Plat of
Garden of Eden Subdivision, for the public utility and drainage
purposes; and
WHEREAS, the request for such release of easements have been
submitted in proper form;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
MMMISSIONERS OF INDIAN RIVER COUN'T'Y, FLORIDA, that the following lot
line easements in Garden of Eden Subdivision shall be released,
abandoned and vacated as follows:
The comYbn side lot 5 foot easements of lots 5 and 6, Block D,
Garden of Filen Subdivision, according to the Plat of the same
filed in the Office of the Clerk of the Circuit Court of
Indian River County, Florida, in Plat Book 4, Page 36
BE IT FURTHER RESOLVED that the Chaizman of the Board of
County Commissioners and the Clerk of the Circuit Court be and they
hereby are authorized and directed to execute a release of said lot line
easements hereinabove referred to in form proper for recording and
placing in the Public Records of Indian River County, Florida.
This 2nd day of March , 1983.
BOARD OF COUNTY CQ%MSSIONERS OF
INDIAN RRV COUNTY, FLORIDA
BY:
Richard N. Bird, Chairman
12
Appointment.of Dorothy Hudson to Building Code Board of
Adjustments'and Appeals
The Board reviewed the following memo dated 2/15/83:
TO: The Honorable Members of DATE: February 15, 1983 FILE:
the Board of County Commissioners
SUBJECT: RECOMMENDATION OF APPOINTMENT
TO THE BUILDING CODE BOARD OF
ADJUSTMENT AND APPEALS
FROM: Patrick Bruce KindjK REFERENCES:
Community Development D vision
Director
The Board of Adjustment and Appeals, at their regular business meeting of
February 14, 1983, recommended Ms. Dorothy Hudson to be appointed to the
Building Code Board of Adjustment and Appeals.
MOTION WAS MADE by Commissioner Lyons,
SECONDED by Commissioner Scurlock, the
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Board unanimously approved the appointment
of Dorothy Hudson to the Building Code Board
,hof Adjustments and Appeals.
Reappointments to.MQbile Home Advisory Board
The Board reviewed the following memo dated 2/24/83:
13
MAR 2 1983 FACE 868
r MAR 2
1983
F FAUIF
TO: Board of County DATE:
Commissioners February 24, 1983 FILA:
FROM: Alice White
SUBJECT: Reappointments to
Mobile Home Advisory
Board
REFERENCES:
_. -
The initial terms of office for Edward S. Davis, Jr.; Thomas H. Carmody;
and Henry T. Donatelli on the Mobile Home AdvisoryafBoard have been
completed. Each gentleman has indicated his willingness to serve for
another term, which would expire in 1985.
Reappointment of the above-named representatives is requested.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the
Board unanimously approved the following
reappointments to the Mobile Home Advisory
Board for the term expiring in 1985:
Edward S. Davis, Jr.
Thomas H. Carmody,
Henry T. Donatelli
Workshop on State Policy Guides
Attorney Bird explained that the County has received
the Workshop Draft of the State's Policy Guides and urged
each commissioner to review it with respect to any problem
they may have and get back to Attorney Brandenburg with
their individual comments or suggestions.
Bid #162, Traffic Signs
The Board reviewed the following staff recommendation,
dated 2/18/83:
14
UCS: Board of County Commissioners
THRU: Michael Wright
County Administrator
DATE: February 18, 1983 FILE:
SUBJECT: IRC BID #162- Hardware Traffic Signs
FROM: Caroly7G—oodrich REFERENCES:
Purchasing Department
Manager
I. Description and Conditions
Bids were received February 15, 1983 at 11:00 A.M. for IRC #162 - Hardware
for Traffic Signs for the Traffic Engineering Department.
10 Bid Proposals were sent out, 6 were received.
2. Alternatives and Analysis
This is an annual bid and the County reserves the right to order any quantity
of any item throughout the year.
The low bidder for Items 1 & 2 is McCain Sales of Florida, Inc., Ft. Pierce, F1.
Municipal Supply &,Sign Co., Naples, F1., bid slightly lower for quantities of
500 or more on Item #2.
On Item #3, McCain Sales is -low bidder on the 900 Sign -to -sign bracket and the
Post -to -Sign bracket and slightly higher on -the 45u- Sign -to Sign bracket which
Traffic Engineering uses very few of.
The low bidder on liems #4 & 5 is Dave Smith & Co., Ft. Lauderdale, F1.
It
3. Recommendation and Funding
It is recommended that Items #lf 2 and 3 be•awarded to McCain Sales of Florida,, Inc.
the overall low bidder. ,
It is recommended that Items #4 and 5 be awarded to the low bidder, Dave Smith & Co.
Funds to come from Acct. #004-245-541-66-44. Unencumbered balance as of Feb. '16 -
$38,600.00. (Budgeted - $70,000.00)
MOTION WAS MADE by Commissioner Scurlock,
SECONDED by Commissioner Wodtke, to award
Bid #162, Items 1, 2, 3 to McCain Sales of
Florida, Inc., the overall low bidder, and
award Items 4 & 5 to low bidder Dave Smith
& Co. as recommended by staff.
15 act
MAR 2 1983 W mcf-876
MAR 2 1983
�. 1 .�L 7�
Jim Davis explained that this is an.annual bid for
hardware and primarily used to make traffic signs.
Commissioner Wodtke expressed concern in regard to
using sonde sort of reflectory paint for road striping, and
Mr. Davis reported that the paint they use now has a
reflector bead mixed right in it.
Chairman Bird CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
fFJ1:n 1L G.' v.7:ji�t i i' Cr:4:W;SSI 0N'EF8
Vero Bescii, Florida 3296C,
F
s DoE
c
y
BID NO. '" DATE OF OPENING h h / 'O �' ^Q�• c R I
IRC Rid #167 1 Feb. 15, 1983 ��
BID TITLE o
J
Hardware - Traffic Signs
ITEM ..��.Ar�1
po, DESCRIPT1L6 UNIT PRICE UNIT P�nICE: UNI' v^a1C� UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PF.ICE. U..17/
1. Posts, delineator, 6/ft Galy.
1.12 lbs ft Each NB 4.68 3.651 3 8 NB NB
2. Posts, Rib-bak 12 ft Galv � More
3 73
Each NB i 13 60 10 5 11 08 NB . NB
Do
_ ore
0
3. Street a e Sign Brackets.► 10 18
NB' I I NB
NB NB
NB
---um, v.7iur au r -IDK or
equivalent,
'
Standard Set Screws:
I
450 Si n-to-si n bracket Each
2 86
2
35
2
88
0
1L
2
6
'e
Post -to -Sign bracket Each
2 81
2
47
2
26
2
r
4. Posts, Round Tube, 31 O.D. Alum.
12/ft .66" Wall Thickness as
I
per FOOT specifications Each
Ng
±i8
75f 34
Mini
I
I
I
I I Orde
(100
S. Sin Brackets, for 3 "
l'
Round Posts, Aluminum as
_OeD..
DOT specifications Each
3 42
6
79 4 75 5
nl •
I•
V
6. Normal delivery time in days a
receipt of Purchase Order
I
v
Days 14-3 30 - 60 1 14-3 . 0
—dayL days da da -
a s
4
16
NB' I I NB
NB NB
NB
PUBLIC HEARINGS - Petition Paving Portions of 11th Ave.,
18th Ave., 10th Court, and 14th St.
The hour of 9:00 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
BEACH PRESS -JOURNAL
„a.
Published Daily
14
a t . !A cn_
aN '%gam '�, �iero: ach, Indian River County, Florida
TY RIVE,• . STATE OF FLORIDA
9re the urr&*gned authority personally appeared J. J. Schumann, Jr. who on oath
says that' :is E!' i he'ss Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero
/Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
in the matter of
in the
lished in said newspaper in the issues of !o
Court, was pub-
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed befoW me tl%s day of .� A.D. 19
(SEAL)
usiness Manager)
(Clerk of the Circuit Cou , Indian River County, Florida)
17
I PUBLIC PLEASE TAKE"FNOTiCE that Board of
County Commissioners of Indian River County,
Florida, will hold;.a.public hearing at 9 a.m. on
Wednesday, March 2, 1983, in the Commission
_Phambers located at '1840 25th Street,Vero'
Beach,. Florida, to consider adoption of the I.
lowing proposed resolution:
RESOLUTION No. 83-
A RESOLUTION OF THE BOARD OF;
COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY,
,FOR CER -1
TAINPVING FLORIDA,ANDRAINAGE IMPROVE -1
MENTS TO 11TH AVENUE, BETWEEN 2NDI
STREET AND THE SOUTH RELIEF 'CA
PROVIDING THE TOTAL ESTIMATEDCoMETHOD OF PAYMENT OF
NUMBER OF ANNUAL INSTALLMENTS, ANDS
LEGAL DESCRIPTION OF THE AREA SPE-!
CIALLY BENEFITED.
WHEREAS, the County Public Works Depart -1,
ment has received a public Improvement peti-
tion, signed by more than % of theowners of
Property in the area to be specially benefited,
requesting paving and drainage improvements
to 11th Avenue, between 2nd Street and the'
South Relief Canai; and
WHEREAS, the petition has been verified and
meets the requirements of Ordinance 81-27,
and design work including cost'estimaes has
been completed by the Public Works Depart-)
ment; and
WHEREAS, the total estimated Cost of the,
proposed improvements is $16,365.20; and
WHEREAS, the special assessment provided:
hereunder shall for any given record owner of,
property within the area specially benefited, be(
In an amount equal to that proportion of sev-
enty-five (75%) of the total cost of the project;
which the number of lineal feet of road frontage
owned by the given owner bears to the total
number of lineal feet of road frontage within the
area specially benefited, and shall become due
and payable at the Office of the Tax Collector of ,
Indian River County ninety (90) days after the i
final determination of the special assessment
pursuant to Ordinance 81-27; and
WHEREAS, Indian River County shall pay the
remaining. twenty-five percent (25%) of the total
cost of the project; and
WHEREAS, any special assessment not paid
within said ninety (90) day period shall bear In-,
terest beyond the due date at a rate established i
by the Board of County Commissioners at the!
time of preparation of the final assessment roll, I
and shall be payable, in two (2) equal Install-
ments, the first to be made twelve (12) months
from the due date and the second to be made'
twenty-four (24) months from the due date; and j
WHEREAS, after examination of the nature
and anticipated usage of the proposed im-
provements, the Board of County Commission
ers has determined that the following described
properties shall receive a direct and special.
benefit from these improvements, to wit:
Lots 1-27, Block H, as shown on the Plat
of Indian River Heights Subdivision, Unit
8 Plat book 7 Page 31 of Public Records
of Indian River County, Florida.
NOW, THEREFORE, BE IT RESOLVED BYI
THE BOARD OF COUNTY COMMISSIONER
OF INDIAN RIVER COUNTY, FLORIDA, as fol-
lows:
1. The foregoing recitals are affirmed and rati-
fled1n their entirety.
2. A project pr viding for paving .and drainage
improvements to 11th Avenue, between 2nd
Street and the South Relief Canal, heretofore
designated as Public Works Project No. 8227, Isl
hereby, approved subject to the terms outlined
above and all applicable requirements of Ordi-
nance 81-27.
The 'nregoing resolution was offered by Com-
missioner — who moved its adoption. The
motion was seconded by Commissioner —
and, upon being put to a vote, the vote was as
follows:
Chairman Richard N. Bird
Vice -Chairman Don C. Scurlock, Jr.
Comissioner Patrick B. Lyons
Commissioner William C. Wodtke, Jr.
The Chairman thereupon declared the resolu-
tion duly passed and adopted this — day of
----:-.1983.
Board of County Commissioners
Of Indian River County, Florida
By: Richard N. Bird
Attest: Freda Wright, Clerk
Approved As T
And legal Sufficila
�1r
By: Christopher J. Paull
i�Sslstant County Attornev -
MAR 2 1983
(top,_
•'' RO BEACH PRESS -JOURNAL
✓9 �L V� � Published Daily
U Nlk !
"n -G��,�ero Oach, Indian River County, Florida
TY O(' fpbD Q RIV.- STATE OF FLORIDA
�e19re the uIT160gned authority personally appeared J. J. Schumann, Jr. who on oath
says tha •j8 B�tiihe;ss Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a /�D1iCt
in the matter of,�F.,
in the
Court, was pub-
lished in said newspaper in the issues of
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount. rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
15— Sworn to and subscribed befor me this day of A.D. 19 Ivy
Business Manager)
(SEAL) (Clerk of the Circuit Co- it, Indian River County, Florida)
(Page 18 purposely deleted),
19
PUBLIC NOTICE
PLEASE TAKE NOTICE that the Board of
County Commissioners of Indian River County,
Florida, will hold a public hearing at 9 a.m. on
Wednesday, March 2, 1983, in the Commission
Chambers located at 1840 25th Street Vero
�deach, Florida, to consider adoption of the fol-
lowing proposed resolution:
RESOLUTION No. 83•
A RESOLUTIOtJ OF THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, PROVIDING
FOR CERTAIN PAVING AND DRAINAGE
IMPROVEMENTS TO 1M VENUE, BE-
TWEEN 2ND AND. 4TH STREETS;
PROVIDING THE TOTAL ESTIMATED
COST, METHOD OF PAYMENT OF AS- i
SESSMENTS, NUMBER OF ANNUAL IN
STALLMENTS, AND LEGAL DESCRIP-.
TION OF THE AREA SPECIALLY BENE=
FITED.
WHEREAS, the County Public Works Depart-
ment has received a public improvement peti-
tion, signed by more than % of the owners of
property in the area to be specially benefited,
requesting paving and drainage Improvements
to 18th Avenue, between 2nd Street and 4th
Street; and
WHEREAS, the petition has been verified and
meets the .requirements of Ordinance 81-27,
and design work Including cost estimates has
been completed by the Public Works Depart-
ment and .
KVHEREAS, the total estimated, cost of the pro-
p`psed improvements is $26,169.45; and
WHEREAS, the special assessment "provided
eraunder shall for any given record owner of
property within the area specially benefited, be
In an amount equal to that proportion of sev-
enty-five percent (75%) of the total cost of the!
project which the number'of lineal feet*of road
frontage owned by the given owner bears to the
total number of lineal feet of road frontage
within the area specially benefited, and shall i
become due and payable at the Office of the
Tari Collector of Indian River County ninety (9o)
days after the final determination of the special
assessment pursuant to Ordinance 81-27; and
WHEREAS, Indian. River County shall pay the
remaining twenty-five percent (25%) of the total
cost of the project; and
WHEREAS, any speclal assessment not paid
within said ninety (90) day period shall bear In-
terest beyond the due date at a rate established
by the Board of County Commissioners at the
time of preparation of the final assessment roll,
and shall be payable In two (2) equal install-
ments, the first to be made twelve (12) months
from the due date and the second to be made
twenty-four (24) months from the due date; and
WHEREAS, after examination of the nature and
anticipated usage of the proposed Improve-
ments, the Board of County Commissioners has
determined that the following described proper-
ties shall receive a direct and special benefit
from these improvements, to wit '
Lots 10.17. Block B; Lots 7-13, Block C;.
Lots 1=7, Block D; Lots 1-8, Block E; as
shown on the Plat of Indian River
Heights Subdivision, Unft 3 Plat Book 6
Page 49 of Public Records of Indian
River County, Florida.
NOW, THEREFORE, BE IT RESOLVED BY'
THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, as for -
lows:
1. The foregoing recitals are affirmed and.ratl-=
fled in their entirety.
12. A project providing for paving and drainage
,Improvements to 18th Avenue, between 2nd
Street and 4th Street, heretofore designated as
Public Works Project No. 8222, is hereby ap-
proved subject to the terms outlined above and
all applicable requirements of Ordinance 81-27.
The foregoing resolution was offered by Com-
missioner.— who moved its adoption. The
motion was seconded by Commissioner ---
and, upon being put to a vote, the vote was as
follows: .
Chairman Richard N. Bird
Vice -Chairman Don C. Scurlock. Jr.
Commissioner Patrick B. Lyons
Commissioner William C. Wodtke, Jr.
The Chairman thereupon declared the resolu-
tion duly passed and adopted this — day of
1983.
Board of County Commissioners
Of Indian River County, Florida
By: Richard N. Bird
Chairman
Attest: Freda Wright, Clerk
Approved As To Form
And Legal Sufficiency
By: Christopher J. Paull
Assistant County Attorney
r;
PUBLIC NOTICE
PLEASE TAKE NOnCE that the Board of
County Commissioners of Indian River County,
RO BEACH PRESS-JOURNALWednesday,
Florida, will hold a publie hearing at 9 a.m. on
March 1983, in the Commission
C(� ,• '� �S�
':, 'n
Ghambers located at 1840 25th Street,Vero
98
CJ 1
CC_✓9 �L � Published Daily
each, Florida, to cunsida?-4dopun of the fol-
lowing Proposed resolution:
Nro -i ach, Indian River County, Florida
RESOLU°D1 jfto.'83-
_
`�
A RESOt.UTtC3N � T�iE BOARD OF
COUNTY COMft"11MONERS OF INDIAN
TY OF (D RIVg : STATE OF FLORIDA
RIVER COUNTY, FLORIDA PROVIDING
FOR CERTAIN4 PAVING Np DRAINAGE
�ej�p
re the ufrdef igned authority personally appeared J. J. Schumann, Jr.
IMPROVEMENTS TO 10TH COURT, BE-
TWEEN
who on oath
says tha I ja B4; rh4tss Manager of the Vero Beach Press -Journal, a daily newspaper published
-2ND STREET AND .4TH
._STREET; PROVIDING THE TOTAL ESTI-,
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
MATED COST, .MET-HOOO "Cif PAY-
MENT OF'ASSESSMEN7•S,'NUMBER OF
1
G /
ANNUAL INSTALLMENTS, AND LEGAL
a /C
DESCRIPTION OF ftlE, AREA, . SPE-
CIALLY BENEFITED.
' 1NHEREAS, the County public Works Depart-
epartin
inthe matter of l�Sr�%ifi�'�� ,�
ment`lras7recSIy' pupj impro ent*peU-
tion, signed byrfiore than % of the
/L/ \
owners of
property in the "eR to be specialty benefited,.
( J
requesting paving -and drainage Improvements )
to 10th Court, between 2nd Street and 41h
Street; grid
in the Court, was pub-
WHEREAS, the Petition has. been verified and
meets the requirements of Ordinance
lished in said newspaper in the issues of
81-27,
and design work including cost estimates has
been completed by the Public' Works Depart -I
ment; and
WHEREAS, the total -estimated cost of he pro -I
Posed Improvements"is $26,169.45; and
WHEREAS, the special assessment provided
hereunder shall for any given record
Affiant further says that the said Vero Beach Press Journal is a newspaper published at
owner of
Pr anewmount within he area specially benefited' be
to
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida,
equal that proportion of s he
enty-five percent (75%) of the total cost of the
each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
project which the number of lineal feet of road
frontage owned by he.given owner bears
ty, Florida, for a period of one year next preceding the first publication of the attached co of
copy
to the
total number of lineal fast of road frontage
advertisement; and affiant further says that he has neither paid nor promised an firm
or corporation
within the area special benefited, and shall be -
and payable
any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Co, llector of Indian River. Countycninee Tax
days
after the final determination f the speciial
Sworn to and subscribed beforp me this �— day of A.D. 19
assessment pursuant to Ordinance 81-27; and
WHEREAS, Indian River County shall pay the
,2
emaintng twenty-five percent (25%) of he total
cost of the project; and
_
Business Mana) er
WHEREAS, any special assessment not paid
within said.ninety (90) -day period shall bear In-
terest beyond the due date at a rate established
by he Board of County Commissioners
(Clerk of the Circuit Cou , Indian River County, Florida)
(SEAL)
at the
time of preparation of the final assessment roll,
and shall be payable in two (2) equal Install -
ments, he first to be made twelve (12) monhs
from the due date ad the second to be
{
twenty made
WHEREAS, aftemonths from the due date; and
r examination of he
nature and
anticipated usage of; the proposedimprove-
ments, the Board of County Commissioners has
determined that the following described Proper-
ties shall receive a direct
and special benefit
from these Improvements, to wit:
Lots 1-17, Block J; Lots 1-17, Block K; as
shown on the Plat of Indian River
Heights Subdivision, Unit 7 Plat Book 7
Page 29 of Public Records of Indian
- River County, Florida.
.
NOW, THEREFORE, BE IT RESOLVED BY
THE BOARD OF COUNTY COMMISSIONERS
1
OF INDIAN RIVER COUNTY, FLORIDA, as fol-!
lows:
I. The foregoing recitals are affirmed and rati-i
fled in their entirety.
2. A project providing for paving and drainage I
improvements to 10th Court, between 2nd
Street
and 4th Street, heretofore designated as
Public Works Project No. 8301,
is hereby ap- i
proved subject to the terms outlined above and
all applicable requirements of Ordinance
81-27.
The foregoing resolution was offered by Com-
missioner --- who moved its adoption. The
motion was seconded by Commissioner --
and, upon being put to a vote, the vote was as
follows:
Chairman Richard N. Bird
Vice -Chairman Don C. Scurlock, Jr.
Commissioner Patrick B. Lyons
r.
The C aiirman thereupon declared the Commioner William C. rJesolu-
tion duly passed and adopted his — day of
—,1983.
Board of County Commissioners
Of Indian River County, Florida
By:Richard N. Bird
Attest: Freda Wright, Clerk
Approved As To Form
And Legal Sufficiency
By: Christopher J. Pauli
-
Assistant County Attomey__ �-
20
MAR 2 1983
liftiia PAGE`
MAR 2 1993 `. >•�F 8 75
1`
" JKRO BEACH PRESS -JOURNAL
C, ✓p `� ; ' Published Daily
il&ro$ach; Indian River County, Florida
1 �
TY RIV..g� STATE OF FLORIDA
�ejgre the underigned authority personally appeared J. J. Schumann, Jr. who on oath
says that iS Bb�i14§s Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
in the matter ofl�5r�i�fi
in the
Court, was pub-
lished in said newspaper in the issues of�/—�� /'�yp
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, fora period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscrKek
meth*ay of A.D. 19 f
Business Manager)
(SEAL) , Indian River County, Florida)
determined that the following oescnoea proper -
tis shall receive a direct and special, benefit
from these improvements to wit:
(All described parcels lie within, and all refer -
encs below to any section or part thereof shall
mean, Section 12, Township 33 South,Range
39 East, in Indian River County, Florida)
1. That Part of the Southwest .% of the Norh-
teast '/4 as dsribed on Carter Associates Sur-
vey No. 6656-B dated March 22, 1977, less West
190 feet of the North 338.21 feet of the South
836.64 feet 4s In Official Records Book 565
Page 1827.
2. East 109.00 feet of North Y2 of Northwest '/a of
Southwest % of Northeast '/4 less South 100
feet.
3. North 1/2 of North '/2 ofEast 'A of Southwest 1/4
of Northeast '/4 less roadright-of-way as re-
corded Official Records Book 420, Page 581,
583.'
4. Beginning 355.62 feet" East of'Southwest cor-
ner of Northwest '/4 of Northeast'/.; run North
141 feet; South 141 feet; West 84 feet to point of
beginning less 25 feet for right-of-way as re-
corded Official Records Book 474, Page 509.
5. Beginning 25 feet North and 120 feet West of
Southeast comer of West '% of South 'A of
South ,'h of Northwest '/4 of Northeast '/4 for
point of beginning, run North 136 feet, run West
100 feet, run South 136 feet, run East 100 feet
to Point of Beginning.
6. Beginning 25 feet North and 35 feet West of
Southeast Corner of West A. of South 'A of
South 'h of Northwest % of Northeast '/4 for
[point of beginning, run North 136 feet, run West
1 85 feet, run South 136 feet, run East 85 feet to
Point -of Beginning as recorded Official Records
lBook 472, Page 543.
Beginning at a point 990 feet South and 837
Let West of Northeast comor of Northwest 1/4 of
Northeast 1/4, run South 172.47 feet, East 268.08
feet, South 136 feet, East 120 feet North 100
feet, East 31 feet, North -f98:39 feet,'West 431
feet to Point of Beginning.
8. Beginning at a* Point being the Intersection of
East right-of-way of U.S. Highway 1' and South
boundary of Northwest % of Northeast '/4 of
Section 12-33-39, thence South 88 degrees 50'
41" East, 619.62 feet on said Southern bound-
ary also being the 1/16 section line to a point;
thence North 88 degrees 50' 41" West, 35.0 feet
to True Point of Beginning, thence North 00 de-
grees
egrees 39' 51" East, 161 feet, thence South 88
degrees 50' 41" East, 135.08 feet, thence South
01 degrees 09' 19" 51 feet, thence South 01 de-
gree 09' 19" West, 110 feet, thence North 88
degrees 50' 41" West, 135.00 feet to Point of
Beginning, less West 99 feet of South 110 feet
of South '/2 of south '% of Northwest. of North-
east %. -
9. West 99 feet of South 110 feet of East Y2 of
South '/2 of South '/2 of Northwest 'A of North-
east % as recorded Official Records Book 483,
Page 618.
;10. Lots 14 and 15,Block E and Lots 22-24,
Block F, as shown on the Plat of J.J. Schlitt
i Subdivision, Unit 1 Plat Book 7 Page 37 of Pub-
lic Records of Indian River County.-- � • __-
NOW, THEREFORE, BE IT RESOLVED BY THE
iBOARD OF COUNTY_ COMMISSIONERS OF IN-
DIAN RIVER COUNTY, FLORIDA, as follows:
1. The foregoing recitals are affirmed and rati-,
fled in their entirety.
2. A project providing for paving and drainage
Improvements to 14th Street, between 6th Ave-
nue and U.S. Highway 1, heretofore designated
as Public Works Project No. 82-5, Is hereby ap-
proved subject to the terms outlined above and
all applicable requirements of Ordinance 81-27.
The foregoing resolution was offered by Com-
missioner — who moved its adoption. The
motion ws seconded by Commissioner —
and, upon being put to a vote, the vote was as
follows:
21
PLEASE TAKE NOTICE �hatCEhe Board of
County Commissioners of Indian River County,
Florida, will hold a public hearing at 9 a.m. on
Wednesday, March 2,119W. In the Commission
hamberS �e ch, Florida, ato o conted at sider adoption o the fo0 25th l
,owing proposed resolution.
RESOLUTION NO.83-
A AESOLUTlON Ole THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, PROVIDING i
FOR CERTAIN PAVING AND DRAINAGE
IMPROVEMENTS TO 14TH STREET,
i . BETWEEN 6TH AVENUE AND U.S.
HIGHWAY 1; PROVIDING THE TOTAL
ESTIMATED COST, METHOD OF PAY-
MENT OF ASSESSMENTS, NUMBER OF
ANNUAL INSTALLMENTS, AND LEGAL
DESCRIPTION OF THE AREA SPE= ,
CIALLY BENFITED.
i WHEREAS, the County Public Works Depart-
iment has received a public Improvement peti-
jkion, signed by more than % of the owners of
property • in the area to be specially . benefited,
'"..4,,, „o„a, __._ .
requesting paving and drainage improvements
to 14th Street, between 6th'Avenue and U.S.
Highway 1; and
EREAS, the petition has been verified and
M the requirements of Ordinance 81-27,
and design work including cost estimates has
been completed by the Public Works Depart-
ment and
WHEREAS, the total estimated cost of the pro -
Posed Improvements is $20,032.23; and
WHEREAS, the special assessment provided
hereunder shall for any. given record owner of
ror within the area specially benefited, be
an amount equal to that proportion of sev-
e ty-five percent (75%) of the total cost of the
project which, the number of lineal feet of road
frontage owned by the given owner bears to the
total number of lineal feet of road frontage
within the area specially benefited, and shall
become due and payable at the Office of the
Tax Collector of Indian River County ninety (90)
days after the final determination of the special
assessment pursuant to Ordinance 81-27; and
WHEREAS, Indian River County shall pay the
rempining twenty-five percent (25%) of the total
cost of the project; and
WHEREAS, any special assessment not paid
within said ninety (90) day period shall bear in-
terest beyond the due date at a rate established
by the Board of County Commissioners at the
time of preparation of the final assessment roll,
and shall be payable In two (2) equal install-
ments, the first to be made twenty-four (24)
1 months from the due date; and
I WHEREAS, after examination of the nature and
r anticipated usage of the proposed Improve -
'Monts, ;!+e Board of County Commissioners has
Chairman Richard N.'Blyd
Vice -Chairman Don C. Scurlock, Jr.
Commissioner Patrick B. Lyons
Commissioner William C. Wodtke, Jr.
The Chairman thereupon declared the resolu-
tion duly passed and adopted this —= day of
—.1983.
Board of County Commissioners
Of Indian River County, Florida
By: Richard N. Bird
Chairman.
ftest: Freda Wright, Clerk
Approved As To Form r '
nd Legal Sufficiency
By: Christopher J. Paull
istant-County Attorney _,.• .,�
PLEASE TAKE FURTHER NOTICE that at the
samepublic hearing, the Board of County Com-
missioners shall also hear all interested Per-
so
the proposed assessments con-
tained In the preliminary assessment roll for the
improvements desribed in the above resolution.
The preliminary assessment roll is currently on
file with the Public Works Division and open for
inspection between the hours of 8:30 a.m. and
5 p.m., Monday through Friday.
If a person decides to appeal any decision
made by the Commission with respect to any
matter considered at this hearing, he will need
a record of the proceedings, and that, for such
purpose, he may need to ensure that a verbatim
record of the proceedings is made, which
record includes the testimony and evidence
upon which the appeal is based.
Indian River County
Michael Wright
County Administrator
Feb. 15.1983.
The Board reviewed the following memorandum dated
2-14-83 recommending paving and drainage improvements for
each of the proposed petition paving projects:
TO:
The Honorable Members -of t}ie ��E' February 14, 19873 FILE:
Board of County Commissioners
THRU: Michael Wright, County Administrator
SUBJECT: Public Hearing to Consider Resolution
Providing for the Paving of Portions
of 11th Avenue, 18th Avenue., 10th Court;
14th Street to Consider Preliminary Asses:
ment Rolls.
FROM: James W. Davis, REFERENCES:
Public Works Director
DESCRIPTION AND CONDITION
Valid petitions have been received from at least 66.7%.of the property owners
of the following streets:
1) 11th Avenue between 2nd Street and South Relief Canal (Preliminary Cost
$16,365.20)
2) 18 Avenue between 2nd and 4th Street (Preliminary Cost $26,169.45)
3) 10th Courtbetwgen 2nd wnd 4th Street (Preliminary Cost $26,169.45)
4) 14th.Street between 6th Avenue and U.S. #1 (Preliminary Cost $20,032.23)
Preliminary assessment rolls have been prepared for the paving and drainage
improvements. The total costs of all projects is approximately $88,736.33.
There is.approxima�ely $100,767.26 now set aside in FY 82-83 budget for
Petition Paving Account No. 703-214-541-35.39.
-Also, advertisment of the Public Hearing and notification to the Property
Owners have been performed.
RECOMvENDATIONS AND FUNDING
After consideration of the public input provided at the Public Hearing, it
is recommended that motions be made to:
1)- Adopt resolution, providing for the paving and drainage improvements
for each petition paving project, subject to the 'terms otrLlined in thf.
Resolutions.
2) Approve preliminary assessment rolls including any changes made as a
- result of the Public Hearing.
3) Allocate $88,736.33 from the Petition Paving account to fund this work:
4) The Road and Bridge Department be notified to begin construction.
Public Works Director, Jim Davis informed the Board
that there is sufficient money in the petition paving fund
to accomplish the work. He further noted that last
w
22
JAN2 ����
r
FA'E877
Wednesday night they held a public meeting to explain the
design of the roads and answer any questions re procedure.
A. PUBLIC HEARING - Petition Paving - 11th Avenue
Chairman Bird opened the Public Hearing and asked if
anyone present wished to speak. There were none.
F7
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the
Board unanimously closed the Public
Hearing.
r
ON MOTION by Commissioner Scurlo+
SECONDED by Commissioner Lyons, the
Board unanimously adopted Resolution
83-16 approving paving of 11th Avenue
between 2nd Street and South Relief
Canal as recommended by staff, approved
the preliminary assessment role, and
authorized the Road & Bridge Dept. to
begin construction:
23
RESOLUTION NO. 83- 16
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR
CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO
11TH AVENUE, BETWEEN 2ND STREET AND THE SOUTH RELIEF
CANAL; PROVIDING THETTOTAL ESTIMATED COST, METHOD OF
PAYMENT,OF ASSESSMENTS, NUMBER.OF ANNUAL
INSTALLMENTS, AND LEGAL DESCRIPTION OF THE AREA
SPECIALLY BENEFITED.
WHEREAS, the County Public Works Department has received
a public improvement petition, signed,by more than 2/3 of the
owners of prope;�ty in the area to be specially benefited, request-
ing paving and �Irainage improvements to 11th Avenue, between 2nd
Street and the ;south Relief Canal; and-:",'..
WHEREAS, the petition has been -verified and meets the
requirements of Ordinance 81-27, and design work including cost
estimates has been completed by the Public Works Department; and
WHERE;.IkS, the total estimated cost of the proposed
improvements is $16,365.20; and
WHEREAS, the special asses&-iient provided 'hereunder shall
for any given record owner of.property within the area specially
benefited, be'in an amount equal to that proportion of sevency-
five percent (75%) of, the total cost of the .project which the
number of i.ineal feet of road frontage oFmed by the given owner
bears to the tAtdi nu -..ib. -:-r of lineal ieCt Of road fzontage within
the area speciklly benLfi --ed, and stall beco;ie due and payable at
the Office of the Tax Cq�lector of Indian River County ninety (90)
days after the :final dere:mina -ion of the spec. al assessment
pursuant to Ordinance 81-27; and
WHEREAS, Indian River County shall pay the rewaiLning
twenty-five percent (25`x) of the total cost of the project; and
WHEREAS, any special assessment not paid within said
ninety (90) day period shall bear interest beyond the due date at
a rate established by the Board of County Commissioners at the
time of preparation of the final assessment roll, and shall be
payable in two (2) equal installments, the first to be made twelve
(12) months from the due date and the second to be made twenty-
four (24) months from the due date; and
WHEREAS, after examination: of the nature and anticipated
24 2 PAGE 8 f6
LIAR 2 1983
2�p 879
Y.
usage of the proposed improvements, the Board of County
Commissioners hAs determined that the following described
properties shall receive a direct and special benef�.t from these
improvements, t,a wit:
Lots 1 - 27, Block H,as shown on the Plat of Indian River
Heights SulDdivision, Unit 8 Plat Book 7 Page 31 of Public
Records of Indian River County, Florida.
•NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER.COUNTY, FLORIDA, as follows:
1.. T�ze foregoing recitals are affirmed and ratified in
their entirety.
2. A project providing for paving-aAdrainage improve-
ments to 11th Avenue, between 2nd Street and the South Relief
Canal, heretofore designated as Public Works Project.No. 8227, is
hereby approved subject to the terms outlined,above and all
applicable requ;i.xements of Ordinance 81-27.
The foregoing resolution was offered by Commissioner
Scurlock who moved its adoption. The motion was seconded
by Commissioner Lyons and, upon being put to a vote, the
vote was as follows:
Chai�mnan Richar« Ni. Bird Aye
Vice -Chairman Don C. Scurloc., Jr., Aye
Commissioner Patrick B. Lyons Aye
Comma.ssioner r7i ; liam C. Wodtke, Jr. Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 2nd
day oi: March , 1983..
3OARD OF COUaTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
BY
�)
25
RICHARD N. BIRD
Chairman
B. PUBLIC HEARING - Petition Paving - 18th Avenue
Chairman Bird opened the Public Hearing and asked if
anyone present wished to speak.
William Morningstern, 205 18th Avenue, addressed the
Board, and commented that if 70% of the owners had agreed to
this paving, whatever he had to say in the negative wouldn't
have much importance. However, he stated he was opposed to
the project on two counts: 1) to paving a couple of blocks
here and a couple of blocks there, without making anything
continuous, and 2) to paving streets before installation of
water mains and utilities is completed.
Jim Davis, Director of Public Works, explained that
there are no immediate plans for installation of water mains
in the area involved, and in the future paving would be
coordinated with the installation of water mains, etc.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the
Board unanimously closed the Public
Hearing.
ON MOTION by Commissioner Scurlock,
SECONDED ,py Commissioner Lyons, the
Board unanimously adopted Resolution
83-17 approving paving_of 18th Avenue
between 2nd and 4th Street as recommended
by staff, approved the preliminary assess-
ment roll, and authorized the Road & Bridge
Dept. to begin construction.
arc 52 eAU 8$0
r -
MAR 2 1983
E
RESOLUTION NO. 83- 17
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR
CERTAIN PAVING AND DRAINAGE IMPROVEMENTS'TO
18TH AVENUE, BETWEEN 2ND AND 4TH STREETS;
:.: PROVIDING THE TOTAL ESTIMATED COST, METHOD OF
PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL
INSTALLMENTS, AND LEGAL DESCRIPTION OF THE AREA
SPECIALLY BENEFITED.
WHEREAS, the County Public Works.Department has received
a public improvement petition, signed,by more than 2/3 of the
owners of property in the area to be specially benefited, request-
ing paving and drainage.improvements to°18th Avenue, between 2nd
Street and Ath Street; and
WHER AS, the }
F petition has been verified and meets the
requirements of Ordinance 81-27, and design work including cost
estimates has been completed by the Public WorkI Department; and
WHEREAS, the total estimated cost of the proposed
improvements is $26,169.45; and
WHEAgAS, the special assessment provided•hereunder shall
for any given record owner of property within the area specially
benefited, be in an amount equal to that proportion of seventy-
five percent (75%) of the total cost of the project which the
number of lineal feet of road Frontage owned by the given owner
bears to the total numLuer of lineal'feet of road frontage within
the area specially benefited, and shall become due and payable at
the Office of the Tax Collector of Indian River County ninety (90)
days after the final determination of the special assessment
pursuant to Ordinance 31-27; and
WHEREAS, Indian River County shall pay the remaining
twenty-five percent (25%) of the total cost of the project; and
WHEREAS, any special assessment not paid within said
ninety (90) day period shall bear interest beyond the due date at
a rate established by the hoard of �.;ounry Commissioners at the
time of preparation of the final assessment roll, and shall be
payable in two (2) equal installments, the first to be made twelve
(12) months from the due date and the second to be made twenty-
four (24) months from the due date; and
WHEREAS, after examination of the nature and anticipated
usage of the proposed improvements, the Board of County
Commissioners has determined that the following described
properties shall. receive a direct and special benefit from these
improvements, to wit:
Lots 10 - �7,.'B1ock B; Lots 7 - 13, Block C; Lots 1 - 7,
Block D; Lots 1 - 8, Block E; as shown -on the Plat of
Indian Rivpr Heights Subdivision, Unit•3 Plat Book & Page 49
of Public Records of Indian River County, Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OIF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The foregoing .recitals are affirmed .and ratified in
their entirety.
2. A'project providing fors .paving and' drainage improve-
ments to 18th Avenue, between 2nd..Street and 4th Street,
heretofore designated -as Public'Works Project No. 8222, is hereby
approved subject to the terms outlined above and'all applicable
requirements of Ordinance 81-27.
The foregoing resolution was offered by Commissioner
Scurlock who moved its adoption. The motion was seconded
a
i
by Commissioned Lyons
vote was as follows:
and, upon being put to a vote, the
Chairzan Rich- d N. Bird Aye
Vice-Chainman �on C. Scurlock, Jr. Aye
Commissioner Patrick B. Lyons Aye
Commissioner William C. Wodtke, Jr. Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 2nd day of March , 1983.
BOARD OF COUN'T'Y COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By_f«
RI HARD N. BIRD
Chairman
28
2 ?W 00
5
F_
MAR 2 1983 FACE
C. PUBLIC HEARING - Petition Paving - 10th Court
Chairman Bird opened the Public Hearing and asked if
anyone present wished to speak. There were none.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the
Board unanimously closed the Public
Hearing.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissione3r Lyons, the
Board unanimously adopted Resolution
83-18 approving paving of 10th CdYt
between 2nd and 4th street as recommended
by staff, approved the preliminary assess-
ment roll, and authorized the Road and
Bridge Dept. to begin construction.
29
RESOLUTION NO. 83- 18
A RESOLUTION OF'THE BOARD -OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR
CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO
10TH (,OURT,.BETWEEN 2ND STREET AND 4TH STREET;
.'.,-PROVIDING THE TOTAL ESTIMATED COST, METHOD OF
PAYME14T OF ASSESSMENTS, NUMBER, OF ANNUAL
INSTALLMENTS, AND LEGAL DESCRIPTION OF THE AREA
SPECIALLY BENEFITED.
WHEREAS, the County Public Works Department has received
a public improv6;ment petition, signed,by more than 2/3 of the
owpers of prope;ty in the area to be -specially benefited, request-
ing paving and drainage.impr,ovements to 10th Court, between 2nd
Street and 4th ;?treet;' and
WHEREAS, the petition has been verified and meets the
requirements of Ordinance 81-27, and design work including cost
estimates has b9en.completed by -the Public Works Department; and
WHEREjkS,.the total estimated cost of the proposed
improvements is $26,169.45; and
WHEREAS, the special assessment provided -hereunder shall
for any given record owner of property within the area specially
benefited, be ip an amount equal to that proportion of seventy-
five percent (715"00 of the total cost of the project which the
number of line\:L feet of road frontage owned by the given owner
bears to the total number of lineal feet of road frontage within
the area specially bene�iLed, and shall become due and payable at
the Office of the Tax Collector of Indian River County ninety (90)
days after the veinal dete.%=aination of the special assessment
pursuant to Ordinance 31-27; and
WHEREAS, Indian River County shall pay the regaining
twenty-five percent (25%) of the total cost of the project; and
WHEREAS, any special assessment not paid within said
ninety (90) day period shall bear interest beyond the due date at
a rate established by the Boacd Ui Coui,-Ly Co;caiii ossioners at the
time of preparation of the final assessment roll, and shall be
payable in two (2) equal installments, the first to be made twelve
(12) months from the due date and the second.to be made twenty -
tour (24) months from the due date; and
WHEREAS, after examination of the nature and anticipated
MAR 2 1983 30� `�Ac�
4 52 cf 8
usage of the proposed improvements, the Board of County
Commissioners h;as determined that the following described
properties shall receive a direct and special benefit from these
improvements, t1p wit:
Lots 1 - 1'7,. Block'J; Lots 1 - 17, Block K; as shown on the
Plat of Indian River Heights Subdivision, Unit 7 Plat Book 7
Page 29 of Public Records; -of Indian•River County,
Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS 0; INDIAN RIVER COUNTY, AORIDA, as follows:
1. Tj;ie foregoing •recitals are affirmed -and ratified in
their entirety.
2. A 'project providing for..paving and'wdrainage improve-
ments to 10th Cpurt, between 2nd Street and 4th Street, heretofore
designated as Public Works.Project No. .8301, is hereby approved
subject to the ;berms outlined above and all applicable
requirements of Ordinance 81-27.
The fiaregoing resolution was offered by Commissioner
Lyons who moved its adoption. The motion was seconded
by Commissioner Scurlock and, upon being put to a vote, the
vote was as follows:
Chairman Richard N. Bird Aye
Vice -Chairman Don C. ,Scurlock, Jr. Aye
Commi,3sioner Patrick B. Lyons Aye
Commissioner William C. Wodtke, Jr. Aye
d
The Chairman thereupon declared the resolution duly
passed and adopted this 2nd
day of March , 1983.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
f�
BY
R CHARD N. BIRD
Chairman
31
� � r
s
D. PUBLIC HEARING - Petition Paving - 14th Street
Public Works Director Davis explained there were four
residents who have not expressed a total willingness to
donate some of the right-of-way that is required for the
paving of the road from 6th Avenue to the east property line
of the Clock Restaurant on 14th Street. As a result, Mr.
Davis stated they were recommending that paving be
terminated at the west property line of the Council on Aging
Center unless that right of way would be donated to the
County at no cost.
Commissioner Scurlock asked if it was staff's intention
to prevent access to U.S. 1 by not paving, as most residents
in that area are very concerned about opening ingress and
egress to U.S. No. 1.
Mr. Davis.explained that the parking lots of the Clock
Restaurant and the auto body shop on the south would really
encroach upon any kind of a road that would go through and
the County does not have right-of-way in any event. He
stated that a cul-de-sac would be created at the east
property line of the Clock Restaurant.
ti
Chai_Tan Bird opened the Public Hearing and asked if
anyone present wished to speak.
Mrs. Marie Sum�merall, 716 14th Street, addressed the
Board, explaining that she owns the property that is two
lots east of the Clock Restaurant. She was concerned that
the way the road was surveyed it would come almost to her
doorstep, but she emphasized that she would like the road
paved as far as her residence.
Mr. Davis informed the Board that because the people
across from Mrs. Summerall are unwilling to donate the
needed right-of-way, we are not able to pave that far ,and
the pavement will terminate approximately 30' from the front
of Mrs. Summerall's house; she will not be part of the
assessment role.
MAR 2 1983
L_
32
2 PAGE 88.5
MAR 2 1993
r�0�14 �r{rw 887
Mrs. Summerall stated that she is willing to pay her
part and she would like to see the road go through.
Considerable discussion ensued as to how to,:_ yve phis
problem. Fred Taylor of the Council on Aging reported that
he had a recent discussion with Mrs. Lacava and believed she
may be willing to change her decision and donate the
right-of-way.
In further discussion it was noted that Attorney
Collins, who is representing Southgate Village Mobile Home
Park, intends to recommend they donate the requested
right-of-way, and Administrator Wvight recommended that the
Board delay action for two weeks, by which time we may have
obtained the needed right-of-way.
MOTION WAS MADE by Commissioner"Scurlock,
SECONDED by Commissioner Wodtke, that the
Board postpone the Public Hearing on petition
paving of 14th Street between 6th Avenue and
U. S. No. 1 until the next regular meeting of the
Board of County Commissioners.
Erbe Wold from Southgate Village stated that he and
Attorney George Collins were working with Jim Davis on this
and said they are more than happy to give the right-of-way,
but they want the road to go through to U.S. 1.
Commissioner Lyons stated we don't have the
right-of-way to go out to U. S. No. 1, and Mr. Davis
explained the many complications involved in putting the
road all the way through and also emphasized that we do not
want to encourage more traffic entering U.S. 1. He added
that if Southgate did give right-of-way, they would benefit
by obtaining drainage to the east. In addition, Mrs.
Summerall's portion of the road could be paved along with
the lot to the left of her property.
33
THE QUESTION WAS CALLED by Chairman Bird.
It was voted on and carried unanimously.
Chairman Bird announced there would be a Public Hearing
on this matter at the next Regular Meeting of the Board of
County Commissioners at 11;00 a.m., March 16, 1983.
License Fee for Gill Net Fishing
The Board reviewed the drafted Resolution, as submitted
by County Attorney Brandenburg urging the Legislature to
adopt a licensing fee for gill net use in the Indian River.
Commissioner Lyons wondered if we could include the
Sebastian River and Attorney Brandenburg agreed he could
amend the Resolution to include the Sebastian River.
MOTION WAS MADE by Commissioner Lyons,
SECONDED by Commissioner Scurlock, that
the Board adopt Resolution 83-19 urging
the Legislature of the State of Florida to
adopt a License Fee for gill net fishing
,in the Indian River, the IntraCoastal
Waterway and the Sebastian River.
Thomas Eagen of the Angler's Club addressed the Board
and reported their club had circulated a petition opposing
gill netting and had received 3,000 plus signatures to do
away with netting in the river entirely. He felt that the
imposition of a gill net fee for commercial fisherman did
not go along with what the club had intended. He felt that
imposing a ban on gill netting in Indian River would not
hurt hardly anyone, since commercial fisherman''hetted mostly
from Wabasso to Sebastian Inlet. Mr. Eagen stated that he
is the official representative of the Angler's Club and
empowered to act for them.
He was not present, due to ill
34
K , PAGE
MAR Z 1983 t
PA[E 889
health, at the last meeting when decisions were made to
compromise.
Commissioner Lyons explained that at that meeting he
took that stand that his interest was in conservation, as
far as resources were concerned, and that he would back
netting that could be scientifically proved as the way to
go. He added that since that time there has been consider-
able discussion with the commercial fishermen, with our
legislative representative and with the Harbor Branch
ichthyologist, and taking all these things into consider-
ation, it doesn't look as if we could get enough support to
ban net fishing in the river. We don't have the power as a
County to do it - it would have to come thrugh the State.
Commissioner Lyons believed there is a real•question as to
whether or not net fishing is as harmful as we originally
thought, as long as it is carried out responsibly; and be
felt the best compromise that we could get between the
commercial fishermen, our legislature and the expert from
Harbor Branch Foundation is to get some responsibility as
far as net fishing is concerned, which is why we have taken
the position that we would back a license for net fishermen.
He added that a paramount concern is the protection of the
grass beds.
Mr. Eagen continued to argue that netting hurts the
sport fishermen, noting that it has been established by the
State of Massachusetts that the more people there are
netting fish in the ocean, the lower the fish population
becomes. He believed that there are probably more people
who fish in the Indian River than people who use the beaches
in the County, and restated the Angler's Club opposition to
a licensing fee for gill netters.
Coates Bull, also from the Angler's Club, asked if
anything more had been done in regard to installing warning
signs banning traffic in the grass flats. He added that if
35
L,
we do allow the net fishermen to continue, then the money
raised should be used for enforcement of fishing regu-
lations.
Commissioner Lyons explained that signage for pro-
tection of the grass flats is proceeding and the Commission
has empowered him to look into the possibility of having an
auxiliary organization to help with enforcement of regu-
lations. In addition, the proposed Resolution recommends
that the license fees come back to the County to be used for
enforcement purposes.
Considerable discussion took place as to what methods
might be used to obtain better enforcement.
The Chairman CALLED FOR THE QUESTION.
The Board unanimously voted to adopt
Resolution 83-19 urging the Legislature
to adopt a License Fee for Gill Net Fishing
in Indian River.
RESOLUTION NO. 83-19
s
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF JDIAN RIVER COUNTY, FLORIDA, URGING THE
LEGISLATURE OF THE STATE OF FLORIDA TO ADOPT
LEGISLATION IMPOSING A LICENSE FEE FOR GILL
NET FISHING IN THE INDIAN RIVER, THE SEBASTIAN
RIVER AND INTMACOASTAL WATERWAY.
WHEREAS, the Indian River is a natural resource that
provides a livE;lihood for many fishermen and natural habitat for
sports fisherm�:n, and
WHEREAS, a progressive resource management program for
the river is i; the best interest of all the citizens of Indian
River County arbd all those who come .in •contact with 'the river by
virtue of thein- occupation or hobbies,, and
WHER.g;AS, both.the sports fishermen and commercial
fishermen of Indian River County•believe that the misuhe of gill
nets in the rivers contribute to the disintegration of this
valuable resource and the disruption of the balance of nature,
and
36
MAR z 1983
Kil
PACE Q
MAR 2 1983
WHERgAS, the imposition of a reasonable gill net
licensing program can serve as an educational tool to stem the
misuse of such nets thereby preventing abuses, and
WHEREAS, funds derived from the licensing program could
be best utilized enhancing law enforcement efforts in the rivers,
further protecting this delicate resource.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. The Board of County Comm ssioners of Indian River
County, Florida supports -the efforts of the commercial and sports
fishermen of Indian River County in preservatio��of the Indian
River, the Sebastian River and Intracoastal Waterway, and
2. The legislature of the State of Florida is urged to
adopt a reasonable gill net licenci. g and education program for
commercial and sports fishermen in the Indian River, the Sebastian
River and Intracoastal Waterway.
The foregoing resolution was offered by Commissioner
Lyons who moved its adoption. The motion was seconded by
Commissioner Scurlock
and upon being put to
P g p a vote, the
vote was as. follows:
Chairman Richard N. Bird -
AyeVice-Chairman Don C. Scurlock Jr -
Aye
Commissioner Patrick B. Lyons - Aye
Commissioner William C. Wodtke, Jr. - Aye
The'Chairman thereupon declared the resolution duly
passed and adopted this 2nd day of March, 1983.
BOARD OF -COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By
RIC ARD N. BIRD
Chairman
37
Resolution to Support Amendment to Florida Statutes re
Imposition of a Local Option Tourist Tax
Attorney Gary Brandenburg reviewed the draft of a
resolution to support an amendment to Florida Statutes
imposing a local option tourist tax, noting that the Board
had previously approved the concept. He suggested that in
addition to adopting the Resolution, the Board authorize the
Chairman to send a letter to all Florida counties requesting
their support of the amendment to Florida statutes.
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Scurlock, the
Board unanimously adopted Resolution 83-20,
supporting an amendment to Florida Statutes
§125.0104 which would allow the imposition of
a local option tourist tax to raise funds for
beach renourishment and care; and authorized
the Chairman to write all Florida counties
requesting their support.
RESOLUTION NO.'83-20
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA SUPPORTING AN
AMENDMENT TO FLORIDA STATUTES §125.0104 WHICH WOULD
ALLOW THE IMPOSITION OF A LOCAL OPTION TOURIST TAX
TO R4ISE FUNDS FOR. BEACH RENOURISHMENT AND CARE.
WHER�yAS;' Florida Statutes §125.0104 currently allows
counties to impose.a local' option tourist' development tax after
referendum approval of the voters of the County, and
WHEIU AS, within the last five (5) years local govern-
ments have experienced the increasing responsibility to provide
services 'to County residents and tourists .who come to Florida to
enjoy the environment, and
38
MAR 2 1983 ��cE �`
WHERAAS, the existence of beaches has made Florida one
of the most attractive areas. -of the United -States to -visit and has
made tourism a leading industry in Florida, and .
WHEREAS, beaches are coastal counties' largest tourist
attraction, serve the residents of inland counties' recreational
needs and enhance tourism in inland counties by providing the
ability of Florida visitors to enjoy the beach during their stay
in inland counties, and
WHEREAS, it is in the best interest of all the residents
of Florida to establish a tax system were both tourists and resi-
lop
dents who receive benefits from the existence of r-1 on„ -F-- .
beaches help paI for %iae :renour slime -at* and care, and
WHEREAS, it is also imperative that -any amendments to
Chapter 125.0104 protect those interests and projects that already
exist and are currently funded by existing tourist development
taxes, and
WHEREAS, without beach renourishment, improvement and
care programs tourism throughout the state will .diminish, and
Florida residents will have lost a vast natural and economic
resource.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. The Board of County Commissioners of Indian River
County respectfully request the legislative delegation of Indian
River County to introduce and support an amendment to Florida
Statutes §125.0104 that would allow 'some of the proceeds from a.
tourist development tax to be used for beach. renourishment and
care, and
2. the. Indian River County Commission requests the
support of the.-State'Association of. County Commissioners, the
Municipal League or Cities, and the Governor and Cabinet of the
State of Florida in, this effort to apportion the cost of beach
renourishment and care to all the beach users that benefit from
this natural resource, and
3. Indian. River County .requests the support of other
Florida countias in this legislative effort, and
i
4. 'Indian River County. respects the importance of
Projects currently funded by tourist development 'taxes and re-
quests that any such legislation be drafted in a manner that will
protect those interests and projects that already exist and are
currently funded by an existing tourist development tax.
The foregoing resolution was offered by Commissioner
Lyons who moved its adoption. The motion was seconded
by Commissioner Scurlock and, upon being put to a vote, the
vote was as follows:
Chairman Richard N. Bird
Vice -Chairman Don C. Scurlock, Jr.
Commissioner Patrick L. Lyons
Commissioner William C. Wodtke, Jr.
The Chairman thereupon declared
Aye
Aye
Aye
Aye
the resolution duly
passed and adopted this 2nd. day of March 1983.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By
RICHARD N. BIRD
Chairman
Support of Collier County's Resolution re Millage
Cap Formula
The Board reviewed the following letter from Collier
County, dated 2/11/83.
Attorney
aPersonnel �ammulQcone�
4 COLLIER 6OUNTY COURTHOUSE COMPLLP)pblic Works
NAPLES, FLORIDA MHOW2749= 339gPM. 1Ity De'V.
Utilities
DAVID C. BROWN JOHN A. PISTOR Finance MARY FRANC-54"RUSE
COMMISSIONER COMMISSIONER Other COMMISSIONER
C. C. "RED" HOLLAND FREDERICK J. VOSS WILLIAM J. REAGAN
COMMISSIONER COMMISSIONERA �. qr-07 , CLERK
11 ii 1 Q!(J►
��00 �% / ^
February 11, 1983 ! + "' �'
�V 'i N
Board of County Commissioners ' oV:?�,
Indian River_ County �Q cb
Vero Beach, FL �s12
Dear Commissioners:
On February 8th, the Collier County Board of County Commission-
ers passed the enclosed Resolution calling upon its local State
Legislative Delegation to present an amendment to 5200.001 —T
(8)(g) Florida Statutes. This portion -of the statute provides
the "aggregate millage" definition for calculating to tax cap
40
LIAR 2 1983 4; PAU- 9
Fr
fi + rl, •i J�
P,1„t SKU
imposed last year as a part of the Local Government One -Half
Cent Sales Tax Legislation. The proposed amendment would
remove dependent special districts and Municipal:•Service Taxing
Units (MSTU's) which have been created at the request of the
residents of those districts from the aggregate'millage cap.
Collier
counties
special
the unin
which oo
County believes this is a vital
regardless of what extent they
districts on the MSTU mechanism.
issue for all Florida
may be using dependent
Service provision to
county responsibility
by the aggregate
We trust that
stands.
In RiverCounty_willcome to feel likewise.
The provisions at the Local Government One -Half Cent Sales Tax
Act of 1982 placed an absolute cap on the amount which counties
could raise from ad valorem tax sources. Moreover, the Act
"aggregated” for the first time all ad valorem tax levies;
regardless of from what area of the county they are being
raised, from what tax base was supporting them, or for what
particular purpose they were being used.
The circumstances of each county determined how dramatically
this cap was felt. In Collier County we have 38 of these
districts which provide basic municipal sery ces such as street
lighting, fire control, and community better nt. Previously,
these had all "stood alone" in their respective tax impact:
the effect of the tax levy in any of these MSTU's had no effect
on any other or on the general countywide levies. However,
under the cap as it presently stands they now effectively limit
each other and the countywide levies. One dollar levied in any
of these MSTU's is one less dollar available for any other MSTU
and, most importantly, is one less dollar available to fund
general countywide services. Your county may now, or in the
near future, be forced to choose between services to your
unincorporated area and the general countywide services.
The essential issue is one of freedom and flexibility for the
county to allow and provide for these basic municipal type
services. In our own instance, and we have found it to be true
of other counties, the existence of these districts has by and
large come through the direct request of residents of the areas
served. Thus these are services which our citizens need and
desire; most importantly, they have been willing to tax
themselves to,gbtain them.
We would appreciate yourselves, and/or your staff, reviewing
the enclosed Resolution and report. It is Collier County's
hope that Indian River County will join us in this effort to
remove dependent special districts from the cap. Our Board is
asking Indian River County's help in the form of a Resolution
calling on your local State Legislative Delegation to support
this amendment. We would also ask that you contract John
Thomas, Executive Director of the State Association of County
Commissioners to indicate your interest. Finally, in order to
aid in coordination of lobbying, we would appreciate a copy of
the Resolution and any other official action Indian River
County takes regarding this proposed legislation.
Henry Hill, Productivity and Budget Coordinator, of our staff,
or I would be available at your leisure to answer any further
questions you may have. Our phone number is (813) 774-8383.
On behalf of the Collier County Board of County Commissioners,
I would like to thank Indian River County for its assistance in
this effort.
Sincerely,
4 t4ary=Frances Kruse
INrman
Attorney Brandenburg explained that many counties have
different ideas on how to calculate to tax cap. He noted
that Collier County has taken a very restrictive position,
but felt we should support their effort to change the
language in the proposed legislation.
MOTION WAS MADE by Commissioner Lyons,
SECONDED by Commissioner Wodtke, to
authorize the Chairman to send Collier
County a letter supporting their position
in regard to aggregate millage cap.
Commissioner Scurlock had a real concern about
districts being created especially to circumvent the intent
of the State Legislature and to get out from underneath the
millage cap.
Commissioner Lyons agreed there is some reason for
_ '
concern, but believed districts such as the street lighting
districts where people have desired to impose certain
conditions on themselves to acquire additional services
should be,\considered separately and should not affect the
millage cap.
In further dispussion, it was agreed it should be made
clear in our letter that we are looking at exempting only
the very special services imposed by people on themselves.
The Chairman CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
42
MAR 2 1993 n.
PROCLAMATION - MENTALLY HANDICAPPED WEEK
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Wodtke, the
Board unanimously approved a Proclama-
tion designating the first week of
March, 1983, as Mentally Handicapped
Week in Indian River County.
/1
PROCLAUMATION
PROCLAMATION OF THE BOARD OF COUNTY COMMISSIONERS'
OF INDIAN,RIVER COUNTY, FLORIDA, DESXGNATING THE
FIRST WEEK OF MARCH, 1983 AS MENTALLY -HANDICAPPED
WEEK IN INDIAN RIVER COUNTY.
WHEREAS, the Knights of Columbus, Vero Beach Council
5629, will be holding its annual Tootsie Roll Drive to help the
mentally handicapped, on Marc.. 3, 4, and 5, 1983; and
WHEREAS, this year's goal is to raise $15,000 in dona-
tions to be used by the Knights for local -programs and activities
such as the mentally retarded workshop and special olympics pro-
gram; and
WHEREAS, K of C councils across the nation will be con-
ducting similar events during the first week of March; and
WHEREAS, many friends and local organizations have
volunteered to assist the Knights in this ye4r1s endeavor, which
is hoped to generate proceeds far in excess of last year's total;
and
WHEREAS, it is altogether fitting and proper to offi-
ciall,, recognize this worthy ca; -se, and to help create a publ is
cwa'1'..ess ani-:1aJi ti.1 ii �.C�.i 01�v 111 i. o s e ah c, will be "aproned and
:Ol r:. l�»'�i , C"}-! i.ui �..i ."•i'.. y is -..: .. .. i' ai cli1'"1Q, 1:1OSt of all, for a_1
11. • - s:7 471 .. _
:.t::VGAe T io-Ti their hearts and.
NOW, ThLi` i,20,,,B. BE Y-i'PROCLAIMED BY THE BOARD OF COUNTY
L?LORIDA, assemblea in regu-
tai that the fJLr,st week or
1�3✓, iZ, di ice: ;:: d�ira�:� dentally Handicapped week
1.1 Indian Rivar County and t..at special recognition be given to
the dates March 3rd, 4th and 5th in support of the annual Knights
Of Columbus Tootsie Roll Drive.
BOARD OF COUNTY %COXIMISSIONER.S
OF INDIAN RIVER COUNTY, FLORIDA
._
• By .�t�
RICHARD N. BIRD
Chairman
PROCLAMATION - NATIONAL AGRICULTURE DAY
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the Board
unanimously approved a proclamation desig-
nating -March 21, 1983, as National Agri-
culture Day in Indian River County, Florida.
i
Ive
PROCLAMATION
PROCLAMATI69'OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, RECOGNIZING MARCH 21,
1983 AS NATIONAL AGRICULTURE DAY IN INDIAN RIVER
COUNTY, FLORIDA.
WHEREAS, March 21, 1983 is to be observed throughout the
United States as National Agriculture Day; and
WHEREAS, Agriculture Day falls this year on the first
day of spring, which is a suitable time for recommitment to the
exploration and recognition of the complexities of our food, feed,
fiber, and floral production and marketing system --this country's
No. 1 industry; and
44
MAR 2 1983 pi x AC 8 8..
r MAR 2 198
WHEREAS, this system is more than just a food chain --it
isa human chain involving many important links, each with a vital
contribution to the final goal; and
WHEREAS, the production and delivery of any agricultural
commodity begins with certain natural resources, but culminates
only after inputs such as fertilizer and chemicals, credit, spe-
cialized equipment, the skills of producers and harvesters, vari-
ous degrees of after -harvest processing, transporting, marketing,
and consumption through stores and restaurants arqund the world;
and
WHEREAS, once the accomplishments and needs of each link
in the systa, are more widely understood, the system as a whole
will be more widely appreciated; and
WHEREAS, the celebration of Agriculture Day is promoted
annually by the Agriculture Council of Pitierica, with the official
sup! )Ort of Federal and State Departm- its of Agriculture, including
Flo:: ida ° s ; and
1' rR.EF0"D1E, in. recognition- of Agriculture Week, the
vast co«lpiexi•cies of the agriculture industry, and its impact on
the d :i E y li,-es Of All of us, be it proclaimed by the Board of
COii.rl�y COAliitiS�iOii�LS of :n di an River County, Florida that Monday,
March 21, 1983 is officially designated as Agicul.ture Day 1983 in
Indian River County.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, F
RICHARD N. BIRD, Chairman
STATUS REPORT - FUNDING FOR MENTAL HEALTH BOARD DISTRICT 9
Attorney Brandenburg informed the Board that he had met
with attorneys from the counties in Mental Health District
No. 9 to discuss funding problems and different alternatives
to wrestle control away from Palm Beach County and stop the
inequity of the funding. The consensus of the attorneys was
to approach this from a standpoint of requesting disclosure
of information from state agencies re past and present
"earmarking" of funds, and he, therefore, would like to have
permission from the Board to request from the Department of
Health & Rehabilitative Services and from Mental Health
45
WIE17�K-S;, on be -Lal- of
all -r sidents of this
highly agri-
cul ��ural
coin.,ty, the Board
of County C mmissioners hereby
exp, -e: ;<• s
i is ; �L,.� :,y f o� t:��;;
gr.�at indust: y and
urges all to
con �1.eiip?ate and respCct the necessity and benefits
of agricul-
ture.
1' rR.EF0"D1E, in. recognition- of Agriculture Week, the
vast co«lpiexi•cies of the agriculture industry, and its impact on
the d :i E y li,-es Of All of us, be it proclaimed by the Board of
COii.rl�y COAliitiS�iOii�LS of :n di an River County, Florida that Monday,
March 21, 1983 is officially designated as Agicul.ture Day 1983 in
Indian River County.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, F
RICHARD N. BIRD, Chairman
STATUS REPORT - FUNDING FOR MENTAL HEALTH BOARD DISTRICT 9
Attorney Brandenburg informed the Board that he had met
with attorneys from the counties in Mental Health District
No. 9 to discuss funding problems and different alternatives
to wrestle control away from Palm Beach County and stop the
inequity of the funding. The consensus of the attorneys was
to approach this from a standpoint of requesting disclosure
of information from state agencies re past and present
"earmarking" of funds, and he, therefore, would like to have
permission from the Board to request from the Department of
Health & Rehabilitative Services and from Mental Health
45
Board District No.
funding.
9 such disclosures re past and present
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Wodtke, the Board unanimously
authorized the County Attorney to request
disclosures from the various agencies as
discussed above.
PRESENTATION RE DEEP WELL INJECTION
The Board reviewed the following memo from the County
Attorney:
.r
TO: Board of DATE: February. 23 1983 FILE:
County Commissioners
SUBJECT: Deep Well Injection of
Sewage Effluent
FROM: Gary M. Brandenburg REFERENCES:
County Attorney
rd
Recently the Indian River County Commission called a special meet-
ing to formally object to the plan to inject sewage effluent into a
deep well in South Brevard County. As a result of this action,
Commissioner Wodtke has informed this office that Mr. Pippin who is
involved in the construction of such wells has volunteered to spon-
sor a presentation by Dr. Garcia in Indian River County for the
benefit of the County and City officials as well as all members of
the public who are interested. The presentation would be a 20
minute slide and discussion about general aspects of deep well
injection followed by a question and answer period.
Mr. Pippin now inquires whether the County would be interested in
such a presentation, where, when and under what circumstances.
Respectfully submitted
*Y*Brandenb rg
46
nno
MAR 2 `1983 ?W
L_
After some discussion, it was agreed that the Board
would be interested in hearing such a presentation on
March 22, 1983, at 7:00 P.M. in the County Commission
Chambers.
AWARD OF CONTRACT - SOUTH BEACH WATER SYSTEM IMPROVEMENTS -
PHASE I
The Board reviewed the following staff recommendation
memo dated 2/22/83:
TO: The Honorable Members of the DATE: February 22, 1983
Board of County Commissioners FILE:
THROUGH: Michael Wright,
County Administrator
FROM: 4errance Pinto,
Utilities Director
DESCRIPTION AND CONDITIONS
SUBJECT: RECOMMENDATION TO AWARD CONTRACT
FOR THE SOUTH BEACH WATER SYSTEM
IMPROVEMTTS - PHASE I
REFERENCES:
In order for the County to provide water service to the South Beach area of
Indian River County, a joint agreement between the City of Vero Beach and Indian
River County was entered into on September 16, 1981, for the County to take
over existing facilities and supply water to the territorial area. The County
will construct:
a) Ground water storage tank and appropriate pumps
b) 14" water line from the existing elevated tank to Mooring Line Drive
c) 4 water -line from the Moorings to Seminole Shores
d) In line booster pump and appurtenances.
The County agreed to engineer, let construction contracts for and fund the improve-
ments in an expeditious manner after receipt of sufficient escrow funds from
third parties. The parties agreed that six months for the letting of contracts
and eighteen months for completion of all improvements satisfies the intend
of the parties. Provisions of this contract do not provide for the connection
of any of the streets that are not presently being serviced with water, specifically
St. Christopher Lane, Seminole Shores Drive, Harbor Lane and Island Drive. It is
my understanding that the residences requiring service on those streets will
have to pay for the construction of lines that may be necessary.
A review and evaluation of the bids received February 2, 1983, has been completed.
RECOMMENDATION
We are presenting our recommendation to the Board of County Commissioners for
award of the referenced contract to Ortega Industrial Contractors, in the amount
of $660,438.00 and also recommend authorizing the Chairman to sign the Notice
of Award based on contractual agreement with the City of Vero Beach and commit-
ments to those persons who have escrowed funds which is the account that will
pay for the project.
FUNDING
Escrowed impact fees, South Beach.
47
a
Utilities Director Pinto confirmed that their recommen-
dation is tb award the contract to the low bidder, Ortego
Industrial Contractors. Mr. Pinto commented that he was not
working for the County when the agreement for water service
to this area was entered into, and he is not clear on how
the side streets are to connect in to the line we build. He
noted that he has had several residents question that and he
has had various opinion on what was to be done, including
the possibility that the property owners would get together
and build a water line in a public street, which he did not
feel comfortable about.
Commissioner Scurlock noted that we do have an assess-
ment ordinance in place, and it would be logical for the
Utility Department to coordinate the laterals and handle it
that way. He did not feel this can be done by the public
and did not believe that was ever the intent.
Considerable discussion followed as to existing lines
and distribution systems in this area and the fact that it
is the owner who.has the responsibility for tying in to the
County line and testing the lines used to tie in. It was
noted that this is similar to the situation where we tied
the Pebble Bay system into the City of Vero Beach line and
we had to demonstrate to the City that our lines met their
standards.
Mr. Pinto stressed that many of the people from this
area think the line going down State Road AlA is going to
give them water, but it will not until those connections are
made and the lines are cleared.
Discussion continued regarding the fact that the fees
received so far are impact fees, not connection fees, and it
was noted that in Gifford the people were required to bring
their lines to the main lines.
Commissioner Scurlock felt the whole point is that an
extreme need for water in the South Beach area was
48
MAR 2 1983 W4 PAGE go'?
I
� MAR 2 1983 "f�vc90,3
demonstrated to the Commission, and we went out on a limb to
try to provide this service.
Discussion continued at length regarding subdivisions
with existing systems and lines, some of which were never
cleared for service because no water taps were available,
and the fact that these must be pressure tested and brought
up to standards, which is not included in the impact fees.
It was felt our official policy should be written out and
made clear for the record.
Mr. Pinto felt it is very likely that it will not be
possible to bring some of the exisoting lines up to standards
and that new construction will have to take place. If we
reach that point, he felt the Utility Depament must handle
it. He recommended that in the meantime we move ahead with
Phase I, noting that we have the permit to build the project
with the understanding that the actual connections are not
part of this project and that any distribution system
connected must meet County standards.
Administrator Wright confirmed that we need to go ahead
and award the -bid, and Engineer Robbins reviewed the time
table involved with physically getting things constructed if
the bid'is awarded today.
Chairman Bird asked what would happen in the event we
did not go through with. Phase II, the sub -aqueous crossing,
and Attorney Brandenburg explained that we then would give
all improvements and the unused escrow funds to the City,
and they would pick up from there.
Question arose as to whether the people who connect
would have to pay the City connection fee, and Engineer
Robbins believed this is spelled out in the agreement.
49
� r �
M M
ON NOTION by Commissioner Lyons, SECONDED
by Commissioner Scurlock, the Board unani-
mously awarded the contract for the South
Beach Water System Improvements - Phase I, to
Ortego Industrial Contractors and authorized
the Chairman to sign the Notice of Award, the
money to come from the impact fees collected.
SECTION I
NOTICE OF AWARD
TO:_ORTFGA TNDUSTRTAL CONTRACTORS
P. O. Box 23606
_.Tacksoay i 11 e,. F 1. 32217
PROJECT Description:. Phase I, South -Beach Water System Improvemehts
• The OWNER has considered the BID submitted b C
y you for the above. described
WORK in response to its Advertisement :For BIDS dated
and Information for Bidders.
You are hereby notified that -your BID has been accepted for items in the
amount of $.660,'A8.00
,
You are required by the Information for:Bidders"to execute the Agreement
and furnish the required CON RACTOR's Performance BOND, Payment BOND and cer-
tificates of insurance within ten (10) calendar days from the date of this
Notice to you.
If you fail to execute said Agreement and to furnish said BONDS within
ten (10) days from the date of this Notice, said OWNER will be entitled to.
consider all your rights arising out of the OWNER's acceptance of your BID
as abandoned and as a forfeiture of your BID BOND. The OWNER will be entitled
to such other rights as may be granted by law.
You are required to return an acknowled;ed copy of this NOTICE OF AWARD
to the OWNER.
Dated this 9�r_h day of March 19 83
INDIAN RIVER COUNTY, .FLORIDA
Title: Chairman
50
���,E 904
MAR 2 198
IXORA/TREASURE COAST WASTE WATER REROUTING
The Board reviewed the following staff recommendation
dated 2/23/83: -
TO: The Honorable Members of the DATE: February 23, 1983 FILE:
Board of County Commissioners
THROUGH: Michael Wright,
County Administrator
FROM: Terrane . Pinto,
Utilities Direcotr
SUBJECT: RECOMMENDATION TO ROUTE WASTEWATER
MAIN TO CITY OF VERO BEACH
TREATMENT PLANT FROM IXORA AND
TREASURE COAST UTILITIES
REFERENCES:
DESCRIPTION AND CONDITIONS
In accordance with the Department of Environmental Regulations Consent Order
dated June 16, 1982, which was received and agreed upon by the County, the County
committed to purchase the Treasure Coast and Ixora Utilities and within one
hundred twenty (120) days of the effective date of the Consent Order agreed
to submit completed applications for appropriate permits to the Department of
Environmental Regulations for the proposed water and sewer system improvements.
It is understood that the water treatment facilities of Ixora and Treasure Coast
are to be abandoned and connected into the South County Water System which has
been accomplished. The wastewater treatment plants were to be abandoned and
connected into the County's treatment system located at Vista Royale. However,
we have investigated other alternatives which we evaluated the economics, cost
effectiveness and most expedient manner in which to meet our commitments and
protect the health and welfare of the community.
ALTERNATIVES AND ANALYSIS
We investigated the possibilities of routing the wastewater to the City of Vero
Wastewater Treatment Plant. Since the County now has a 600,000 gallon allocation
in the City plant of which there is a remaining capacity of approximately 200,000
gallons, this became a viable alternative. The connection to the City system
cost is almost equal to that going in to Vista Royale but would accommodate
other areas within its route to the treatment plant. As described in the attached
engineer estimates, the connection to the City system should cost approximately
$395,000.00. The proposal for connecting the Vista Royale Wastewater Treatment
Plant is estimated to cost $419,000.00.
At the present time, there are indications that there may be some permitting
problems in routing the wastewater force main to the County treatment plant
at Vista Royale. Both routes are indicated on an aerial photograph which is
available for the Commission to review.
RECOMMENDATION
I am recommending that authorization be given to proceed with the routing of
the wastewater main to the City of Vero Beach Wastewater Treatment Plant.
FUNDING
Funding for this project has been provided by a 2.75 million dollar bond anticipation
note which will ultimately be Farmers Home Administration bonds.
51
Mr. Pinto noted that the County originally got into
Ixora And Treasure Coast Utilities in order to accommodate a
bad situation, and we had to sign an agreement with the DER
that we would proceed with the design of the improvements
for waste water disposal within 120 days. It was planned to
accomplish this by taking the waste water into the Vista
Royale system. It now appears that we will have to reroute
to get to the Vista Royale plant and also that some modi-
fications may have to be made to that facility, which has
increased the cost over the original estimate. The alterna-
tive now proposed is to route this waste water into the City
plant
Administrator Wright commented that actually the cost
is about the same for either route, but the Vista plant may
have to be modified. The main advantage of the City route•
is that it would make the system available to other users
and we could recoup some of the costs.
Commissioner Scurlock expressed great concern about the
needs of the 6th.Avenue corridor and the disadvantage of
running by this area to an undeveloped piece of property; he
i
also was .concerned about using up allocation.
Considerable debate continued, and Engineer Robbins
reviewed the route to Vista Royale in detail, noting that it
includes a railroad crossing and special construction
required by the DER in the mangrove area.
Commissioner Scurlock questioned transporting the waste
the distance to the Vero Beach plant, even if it were
cheaper, when we have needs that are closer.
Further discussion ensued regarding the fact that the
new route would go by Hibiscus Airport, and Mr. Pinto stated
that even if that property were not involved, the route
would be the same as far as going to the City plant is
concerned. He noted there are two other routes to Vista -
Royale that would be cheaper, but we can't go that way.
I
52
MAR 2 1983 ton
Mr. PAGE 9116'
r MAR 2 1983
Attorney Brandenburg confirmed that it is a matter of
availability of the easements - one we need has been specif-
ically reserved by Vista Royale, and Engineer Robbins
further explained the difficulties involved in the other
routes, which would involve upgrading lift stations, etc.
Commissioner Scurlock inquired why we haven't looked at
these problems prior to this date, and Engineer Robbins
reviewed the boundaries defined in 1979 as the service area
for the 6th Avenue force main.
Commissioner Scurlock noted that apparently we are
faced with routing to an area outsdde the area specifically
set out in 1979.
Chairman Bird inquired about the prese�t status of the
6th Avenue corridor, and it was noted that Vero Mall, Tropic
Villas North and South, and Orange Terrace, are the only
ones connected onto that line which runs east from the Vero
Mall along 12th Street and then turns north and goes along
6th Avenue to Rockridge Boulevard, at which point it turns
east to the Vero Beach treatment plant.
Chairman*Bird discussed another possible route which
would turn at a different point and run up either U.S.1 or
6th Avenue to the north to pick up the commercial property
and all the potential multiple family development that is
going to come in along 6th Avenue.
Engineer Robbins agreed this is a good thought, but
there is a limiting factor in regard to whether it would be
physically feasible to construct the water main within that
right-of-way .
Discussion continued at length regarding needs,
density, allocation, the carrying capacity of the 6th Avenue
retain, the City sewer plant, the possibility of building
another plant, etc.
Commissioner Scurlock emphasized that this all involves
a major change in policy, and he did not,feel comfortable
53
with making such a decision today. It was the general
consensus that a workshop was needed and that staff should
come back with further and more detailed information on the
various alternatives.
ON MOTION MADE by Commissioner Lyons, SECONDED
by Commissioner Scurlock, the Board unanimously
tabled further discussion on the question of re-
routing of the Ixora/Treasure Coast waste water
until after a workshop can be held.
PURCHASE OF LAND FOR LANDFILL
The Board reviewed the following staff recommendation
dated 2/23/83:
TO: The Honorable Members of the DATE: February 23, 1983 FELE:
Board of County Commissioners
THROUGH: Michael Wright,
County Administrator -
g:. t
1�
FROM: 'TE '�,Ance G': int�o,
Utilities Director
DESCRIPTION AND CONDITIONS
SUBJECT: RECOMMENDATION TO PURCHASE
40 ACRES OF PROPERTY ADJACENT
TO LANDFILL
REFERENCES:
The -Biennial Sanitary Landfill Management Report indicates significant increase
in the actual waste being deposited at the Landfill compared to earlier estimates
indicating a reduced useful life over the initial estimated lifespan. It is
my opinion that the purchase of the adjoining forty (40) acres'to the Landfill
is necessary in order to give the Landfill a life equal to that which was originally
projected.
Also, there are some new requirements that I believe are forth coming from the
Department of Environmental Regulation pertaining to the allowable height, treatment.
of leachate, construction of leachate collection facilities and handling of sewage
waste which will require additional needed acreage.
RECOMMENDATION
I.recommend strongly the purchase of this property at a price acceptable to the
Commission.
FUNDING
Funding is to come from the renewal and replacement account.
54
MAR 1983 12res 0
MAR 2 19- 909
Mr. Pinto noted that the Board previously authorized
determining the value of the property adjoining the Land-
fill, and it has been appraised at $119,230• Mr. Pinto
stressed that there is going to be a specific need for this
property; it will enhance the operation of the landfill; and
he urged that the Commission give serious consideration to
purchasing it.
Commissioner Scurlock asked if this would put us in
such a negative position that we could not consider a future
landfill in the north of the County.
Mr. Pinto stated that he has,/some real concern over the
future operation of our landfill as it exists now. There
are changes coming along rapidly in how we Vre going to have
to operate the landfill, and he felt if we want to take the
present landfill to its life expectancy, we will need this
property whether we eventually have two landfills or not.
MOTION WAS MADE by Commissioner Scurlock,
SECONDED by Commissioner Lyons, to authorize
staff to start negotiations for the property
recommended by the Utilities Director for
expansion of the Sanitary Landfill.
Chairman Bird felt part of the problem is because the
hardpan under the existing landfill property is not what we
thought, and he wished to know if we are sure the adjacent
property would be suitable.
Mr. Pinto noted that the DER is saying the hardpan is
not adequate for a landfill without a liner. This new site
could be used at least for a borrow pit, and he believed
that would be the prime use of the land.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
55
•
REPORT ON BEACH ACQUISITION SUB -COMMITTEE
Chairman Bird reported that the Beach Acquisition
Sub -Committee is continuing to expand their search for
oceanfront property and working with staff to develop an
evaluation formula. They are trying to exhaust every
opportunity to create competition among property owners. He
stated that they would like to run a large ad bringing out
the fact that Indian River County is soliciting proposals on
acquiring additional oceanfront property. Another request
was that the Board authorize the Beach Acquisition
Sub -Committee to set up some negotiating teams within the
committee to start getting more specific on particular
pieces of property.
Attorney Brandenburg emphasized that the status of the
property on the beach is such that it is continually
changing hands and it is necessary to start negotiating
somewhere.
ON MOTION.MADE by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the Board
un_�nimously authorized the Chairman to set
up committee negotiating teams, to commence
negotiations and to place an advertisement
in the local newspaper as discussed above.
BEACH ACQUISITION FINANCING
Administrator Wright reviewed the recommendations of
the Finance Advisory Committee as'"set out in the following
memo:
56
MAR2 1983 Ac
F' MAR 2 1983
TO: The Honorable Members of DATE: February 28, 1983
the Board of County Commissioners FILE:
SUBJECT:
BEACH ACQUISITION FINANCING -
Requested to be added to the
March 2nd Agenda
FROM: rich e fight REFERENCES:
County ministrator
The Finance Advisory Committee voted unanimously Friday to
recommend a five year financing period for the recently approved
$5 million beach acquisition bond issue. ,.Barring major compli-
cations, a marketing period in late March can be anticipated.
The Committee's recommendation was based primarily on the
below detailed data:
Payback Period 3 years 5 years 10 years`, 20 years
Annual Debt Service $1,840,000 $1,176,000 $720,000 $540,000
Aggregate Anticipated
Interest Rate 5.080 5.66% 7.27% 8.947%
1983 Millage .80 mills .51 mills .313 mills .234 mills
A county wide assessment of one mill will yield: slightly more
than $2.3 million. It is anticipated that the necessary millage
to be levied in subsequent years will decrease as the property
values increase.
Financial consultant Worth Blackwell of W.R. Hough, Inc.,
based his analysis on an A -rated or better issue. It is antici-
pated that a lower rated issue would increase the interest amount
one-half of one per cent, or $20,000 in annual debt service.
As it stands now, Blackwell estimated the bonds to be rated
Baa -1, or a notch below the desired A rating. The recently issued
Indian River County School Board bonds were rated Baa -1 by Moody's
and A minus by Standard and Poors. The School'Board subsequently
insured the bonds.
There are two basic ways to improve the County's bond rating.
The first method, which will guarantee a AAA rating, is to insure
the bonds at a cost of between $35,000 and $40,000. In today's
market, a AAA rating is fractionally better than an A rating.
The second method, which is not guaranteed, would necessitate
bringing representatives of the two rating agencies to Indian River
County and literally sell them on improving the County's rating.
This would cost air travel and overnight expenses for two
representatives from each agency. Also it probably would be neces-
sary to rent a small airplane for an aerial tour of the County.
The Finance Committee encouraged the Commission to take this
approach. It requires risking a couple of thousand dollars against
saving the $35,000 plus insurance fee. Also, an'A-rating should
positively effect the upcoming bond issues for the sub -aqueous
water crossing and jail improvements.
If you wish additional information, please contact me at your
convenience.
57
Commissioner Scurlock noted that short term money is
much more favorably priced, and Administrator Wright
stressed the importance of obtaining an A rated bond,
pointing out that if we are able to convince the ratings men
to improve our rating, it will not be necessary to purchase
insurance.
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Lyons, the Board unanimously
accepted the recommendation of the Finance
Advisory Committee in regard to going with a
five year financing period and also authorized
the expenditure of funds to bring the rating
agencies to Indian River County and organize
a tour of the County resources.
PARKS AND RECREATION COMMITTEE REPORT
A. North County Parks
Chairman Bird gave a brief summary, noting that they
are working with the Forestry discussing the possibility of
a securit� gate at Donald MacDonald Park, and they are
changing some drainage at Dale Wimbrow Park so the boat ramp
doesn't wash out. I/
B. Round Island Park
Chairman Bird continued that the Parks & Recreation
Committee unanimously recommended a paved boat ramp at Round
Island Park; they would like to relocate the ramp to where
there is sufficient parking, and they feel a concrete ramp
and dock could be built for around $10,000. They are
requesting that the Commission authorize the Engineering
Department to do some preliminary design work on this.
Commissioner Lyons suggested that, at the same time-,
they could come up with a proposal on channel markers.
T
58
MAR Z1983 an 52 ?Act 9112.
MAR 2 1983
4
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Scurlock, the Board unani-
mously authorized the. Engineering Department
to proceed with design work'for improvements
at Round Island Park as discussed above.
C. Logo for Park Signs
The Chairman next reported that the logo for park signs
is being designed, and they have a space where they want to
convey some message about what we are trying to create for
the public and would like some names in harmony with nature.
D. Closing Times at County Parks
Chairman Bird felt that some action is`\needed on this
item. He continued that he has received a request from
Parks Supervisor Bill Cook in regard.to initiating closing
times for certain of our County parks. It was suggested
that we have a sunset closing time for Sea Grape Trail,
Turtle Trail, Round Island Beach Park, Gifford Park,
Ambersand Beach Park, and Dale Wimbrow Park.
Attorney -Brandenburg informed the Board that this
requires Commission action,' -plus the adoption of a Resolu-
tion and publication of same.
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Lyons, the Board unanimously
authorized advertisement of a public hearing on
a Resolution to adopt sunset closings at the
above listed locations.
E. Recreational Fees
Chairman Bird commented that we have a fragmented
system of recreational fees in this county wherein some
programs are charged for and others are not. It is felt
that we need to adopt the same type procedure for
59
Gifford Park, and the Chairman wished to know if the Board
approves the fee concept for a Baseball League and Aerobics
class, which require officials or instructors, as set out in
a memo from Park Supervisor Cook, as follows:
TO: TOMMY THOMAS, DIRECTOR DATE: MARCH 1, 1983 FILE:
COMMQIVITY SERVICE
• " ' SUBJECT: FEE SCHEDULES (RECREATION)
FROM: BILL COOK ' REFERENCES:
PARK SUPERVISOR
We respectfully request approval of the enclosed fees and the
proceedures used in Computing the fees for leagues and classes to be
Sponsored by the County Recreation Program.
Other activities planned are participation in the Vero Beach
Mighty Mite -Program and the North County Senior League Baseball program
with teams from the Gifford Community, coached by Larry Staley but
under the rules and fee schedules set forth by the above organization.
In addition to the various unorganized activities at Gifford Fark
such as "Make up" games in Basketball, Flag Football, Soccor, Vollyball,
Tetherball, Baseball and Mixed Softball which are conducted on a No
Charge Basis, Larry also proposes a once a week weight lifting program
(at Middle 7) which will also be without charge.
0
N '/
set PA,04
r MAS 2 1983 52
r 915
ADULT AEROBICS CLASS
Rent and Custodial Charge
Instructor
Nightly Cost
Material
Certificates
$20.00
8.00
$28.00 x 36 nights =
15 participant minimum 10516 cont.
A
Cost per person
Cost per session �>
per person
GIRLS BASKETBALL LEAGUE
$1,008
30
15
$1,053
105
$1,158
$77.20
$2.15
Rent and Custodial Fee $0 (Gifford)
Of�icials 2 x 10 = $20.00
$20 x 50 games = $1,000.00
Balls 2 at $60.00 = 120.00
Players Shirts $8 x 100 = 800.00
Awards = 200.00
$2,120.00
10'0 cont. 212.00
$2,332.00
Cost per player $23.35
10 men per Team
10 Teams
10 Games per Team
50 Game schedule
61
MEN'S BASKETBALL LEAGUE
Rent and Custodial Fee $0
Officials 2 x 10 = $20.00
$20.00 x 50 games = $1,000.00
Balls 2 at $60.00 = 120.00
Players Shirts $8 x 100 men = 800.00
Awards 200.00
$2,120.00
10.0 cont. 212.00
$2,332.00
Cost per player $23.35
10 men per Team
10 Teams
10 Games per Team
50 Game Schedule
MENS BASEBALL LEAGUE
Rental of Field
$0
(Gifford)
Preparation of Fil�ld
$10.00
Custodial Fee
$0
(Gifford)
Officials 2 x 6 =
$12.00
Balls 2 x $3.50 =
$ X7.00
$29.00
per game x 36 games
= 1,044
Players Shirts $8 x 90
men
- 720
Awards
200
1,964
10010 cont.
196
2,160
Sponsors Fees
600
1,560
15 men per Team
6 Team minimum
12 Games per Team
Cost per man
$17.35
36 Game schedule
62
Mat
MAR 2 1983
�
MAR 2 1933
GIRLS SOFTBALL LEAGUE
13 and up
15 girls per Team
5 Team minimum
Game League Schedule
12 Games per Team
36 Game League Schedule
Rental of Field
0 (Giffgrd)
Preparation of Field
$5.00
:
Chairman Bird noted that Larry Staley has some programs
he would like to get started on.
MOTION WAS MADE by Commissioner Scurlock,
SECONDED by Commissioner Wodtke, to approve
fees not to exceed those recommended in the
memo from the Park Supervisor dated March 1,
1983.
Discussion ensued regarding collection of these fees,
and Community .Services Director Thomas stated that before
any fees are collected, he and Mr. Cook will meet with the
auditors.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
E. Lifegdards
Chairman Bird noted that we did give the Park
Supervisor a certain amount in his budget for a lifeguard
4
program, v with those funds he has hired a lifeguard
captain who is taking CPR and training some volunteers. We
do have a Wabasso Beach guard five days a week.
le
F. Ambersand Beach
The Chairman reported that we have an emergency
situation at Ambersand Beach. A year or so ago we suffered
a wash-out onto the parking lot, and we need to get the
dune restored. There is several thousand dollars in the
budget for that purpose, and it is recommended that the
engineer be authorized to do some surveying to see how.this
needs to be restored and how much material is needed.
Administrator Wright believed the Road & Bridge Depart-
ment can handle this.
MAR 2 1983
64
92 PACE R1
r
MAR 2 1993 �
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Wodtke, the Board unanimously
authorized staff to take the necessary steps
and use the materials needed to restore the
wash-out area at Ambersand Beach Park.
The Board of County Commissioners thereupon recessed at
12:00 Noon for lunch and reconvened at 1:40 o'clock P.M.
with the same members present.
PUBLIC HEARING - REZONING (SEMBLER) R3 TO A
The hour of 1:30 o'clock P.M. having passed, the Deputy
Clerk read the following Notice with Proof �f Publication
attached, to -wit:
65
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
in the matter of . �t'��1C'�. zl—'
in the
Court, was pub-
lished in said newspaper in the issues of
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty,•Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed before me this —3 day of � A.D. 19 d S
(EFusiness Manager)
(Clerk of the Circuit C rt, Indian River County, Florida)
(SEAL)
NOTICE— PUBLIC HEARING
Notice of hearing to consider the following
proposal to rezone land from:
R-3, "Multiple Dwelling District" to A,
"Agricultural District." The subject property
presently owned by Charles Sembler is located
north of the Sebastian City limits, between
129th and 130th Streets. The subject property is
described as:
Lot 15 of Section 30, Township 30 South,. Ran
38 East, of Fleming Grant, according to pi
thereof filed in the Office of We Clerk ;of t
Circuit Court of St. Lucie County, Florio
(said land now lying and being in Indian Riv
County, Florida); reserving for public ai
wrivate ide along the Northwesterlys a rof twenty
de o (2�. 0
15.
A public hearing at Which parties in inters
and citizens shall have an opportunity to, l
heard, will be held by the Board of Coun
Commissioners of Indian River Count
Florida, in the County Commission Zhambei
Of the County Administration Building, locate
at 1840 2Sth Street, Vera Beach, Florida o
Wednesday, March 2,1983, at 1:30 o, m.
If anyperson decides to appeal any decisio
made on the above matter, he will need
record of the proceedings, and forsuch pui
Poses, he may need to insure that a verbatir
record of the proceedings Is. made, which it
cludes testimony-and.evidence upon which th
appeal is based.
Indian River County Board
Of County Commissioners
By: -s -Richard N, Bird
Chairman
Feb. 14 23, 1983.
I/
Community Development Director King reviewed staff
recommendation, asrfollows:
66
MIA
MAR 2 1983
TO: The Honorable Members of DATE: February 2, 1983 FILE:
the Board of County
Commissioners
DIVISION HEAD CONCURRENCE: CHARLES SEMBLER REQUEST
TO REZONE LOT 15, SEC-
SUEJECT: TION 30,x. TOWNSHIP 30,
Patrick Bruce King, I P SOUTH, RANGE 38 EAST OF
FLEMING GRANT FROM R=3,
MULTIPLE FAMILY RESI-
DENTIAL TO A,
FROM:
AGRICULTURE
cx'�
Art Challacombe REFERENCES:
Environmental Planner
It is requested that the data herein presented be given formal
consideration by the County Commission at their regular meeting on
March 2, 1983. y
DESCRIPTION AND CONDITIONS:
On January 13, 1983, the Planning and Zoning kommission recommended
approval of the applicant's request to rezone a 5 acre parcel located
north and west of the Sebastian City limits, approximately 1600± feet
south of the A. A. Berry Subdivision. The present zoning classifica-
tion is R-3, Multiple Family Residential (maximum 15 units/acre) and
the request is for a change to A, Agricultural (maximum of 1 unit/5
acres). The Comprehensive Plan designation is MD -1 (maximum of 8
units/acre). The applicant proposes to develops a nursery on the
property. 4,
ALTERNATIVES AND ANALYSIS:
Environment - The subject property is not within a flood hazard area,
nor does it contain environmentally sensitive areas.
Land Use - The applicant currently owns Lots 16, 27, and 28 which are
adjacent to the subject property and are currently zoned for agricul-
tural use, These lots contain an existing fish hatchery. To the
east of the subject property is vacant land within the Sebastian City
limits and to the north are scattered mobile homes.
Utilities - County water and sewer services are not presently avail-
able to the subject property.
Traffic - Existing traffic is presently accommodated by Dale Street
which terminates at the fish hatchery. The proposed request is a
less intensive use than the current zoning, thus, no negative traffic
impact should result from the rezoning.
RECOMMENDATION:
Based on the foregoing analysis, staff recommends approval.
Attorney Calvin Brown appeared representing the
applicant, Charles Sembler, noting that Mr. Sembler
presently owns the three lots adjoining the subject
property, and he wishes this 5 acre lot zoned in conform -
ance so he can use this property for a nursery.
67
L
The Chairman asked if anyone present wished to be
heard. There were none.
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Lyons, the Board unanimously
closed the public hearing.
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Lyons, the Board unanimously
adopted Ordinance 83-12 rezoning Lot 15, Sec-
tion 30, Fleming Grant, to A as requested by
Charles Sembler.
1/1
MAR 2 1983
11
68 ftA
J
r
MAR 2 1983
ORDINANCE No. 83-12
K 5 Phi
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, =ff'ORE,
BE IT ORDAINED by the Board of County Ccnmissioners of Indian
River County, Florida, that the Zoning Ordinance of Indian River County,
Florida, and the accompanying Zoning Map, be amended as follows:
1. That the Zoning Map be changed in order that the
following described property situated in Indian River
County, Florida, to -wit: 'op
Lot 15 of Section 30, Township 30 South, Range 38 East,
of Fleming Grant, according to plat thereof filed in the
office of the Clerk of the Circuit Court of St. ucie
County, Florida, (said land now lying and being°in Indian
River County , Florida); reserving for public and private
roads a strip of land twenty (20) feet wide along the
Northwesterly side of said Lot 15.
Be changed from R-3, Multiple Dwelling District to A,
Agricultural District.
All with the meaning and intent and as set forth and described
in said Zoning Regulations.
Approved and adopted by the Board of. County Commissioners of
Indian River County, Florida, on -this 2nd day of March , 1983.
BOARD OF COUNTY COWUSSIONERS
OF DE1• COUNTY
N IARl N. BIRD,
Acknowledgment by the Department of State of the State of Florida
this 14ti ay of March , 1983.
Effective Date: Acknowledgment from the Department of State received on
this 18thday of March , 1983, at3:00 A.M:/P.M. and filed in the
Office of the Clerk of the Board of County Comms. a ers of Indian River
County.
APPROVED
LEGAL Std.
]
TO FORM AND
IENCY. /
Attorney
PUBLIC HEARING - (RUSSELL) R-2 to C-lA FOR NURSING HOME
The hour of 1:30 o'clock P.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a�/i C_1"
in the matter of�ZL f v f
in the
lished in said newspaper in the issues of lz�' .
Court, was pub-
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the s d newspaper.
Sworn to and subscribeAbefgrqe me tori.¢ day of �. A.D. 19?
d
(SEAL)
(Clerk of the Circuit
e C.
(Business Manager)
Indian River County, Florida)
NOTICE— PUBLIC HEARING
Notice of hearing to consider the following
proposal to rezone land from:
R-2 "Multiple Family District," to C-1AJ
"Restricted Commercial District." The;
subject property presently owned by Virginia'
Walker Russell is located on the north side of
37th Street, east of 17th Avenue.
The subject property is described as:
Begin at the intersection of the East line of
Section 26, Township 32 South, Range 39 East),
Indian River County, Florida, and the Nort
right-of-way line of 37th (Barber Avenue)
thence run 30 feet West and. parallel to the
North right-of-way line of 37th Street to the
Point of Beginning. of the following described
tract of land:
From the Point of Beginning run North and
parallel to the East line of said Section 26 a,
distance of 660 feet, said point being and lying
30 feet West -of the East line of said Section 26;1
thence go West and parallel to the North right-
of-way line of 37th Street a distance of 660 feet;
thence go South and parallel to the East line of
said Section 26 a distance of 660 feet and to the
North right-of-way line of 37th Street a'
distance of 660 feet to the Point of Beginning.
A public hearing at which parties in interest
and citizens shall have an opportunity to be
heFard, will be held by the Board of County
Commissioners of Indian River County,
Florida, in the County Commission Chambers
of the County Administration. Building, located;
at 1840 25th Street, Vero Beach, Florida on
Wednesday, March 2, 1983, at 1:30 p.m.
If any person decides to appeal any decision
made on the above matter, he will need a
'record of the proceedings, and for such, pur-
poses, he may need to Insure that a verbatim
record of the proceedings is made, which in-
cludes testimony and evidence upon which the
appeal is based.
Indian River County
-Board of County Commissioners
By: -s -Richard N. Bird, Chairman
Feb. 11, 23, 9983.
The Board reviewed the following analysis and recommen-
dation of staff:
70
MAR 2 1983 12 int 924
F_
TO: DATE:
The Honorable Members February 22, 1983 FILE:
of the Board of
County Commissioners
DIVISION HEAD CONCURRENCE:
XIC4� SUBJECT: VIRGINIA W. RUSSELL
REQUEST TO REZONE A 10
Patrick Bruce King,—KIP-26—ACRE PARCEL FROM R-2,
MULTIPLE FAMILY RESI-
DENTIAL TO C-lA, RE-
STRICTED COMMERCIAL
FROM: C3�; REFERENCES: DISTRICT
Art Challacombe
--Environmental Planner
It is requested that the data herein presented be given formal
consideration by the County Commissiop at their regular meeting on
March 2, 1983.
DESCRIPTION AND CONDITIONS:
On February 24, 1983, the Planning and Zoning Commission recommended
approval of a request to rezone 10 acres of Section 26, Township 32 _
South, Range 39 East, located north of 37th Street near the Indian
River Memorial Hospital from R-2, Multiple Family Residential (up to
15 units/acre) to C-lA, Restricted Commercial District.
Sunbelt Health Care, Inc. through their agent, Mr. Adam E. Adams, and
Clark Development Company, proposes to construct a 120 -bed nursing
home including its appurtenant facilities and services. A Certift-
cate of Need for this health care facility has been issued from the
Florida Department of Health and Rehabilitative Services.
In his letter dated October 15, 1982, Mr. Christopher A. Clark,
representing Clark Development Company, identified that in addition
to housing 120 residents this facility will also provide employment
for 78 full-time employees. The construction costs have been es-
timated at $3,000,000 for this facility which will operate with an
annual payroll of $713,000. In addition, operating needs, goods and
services will be purchased locally. The proposed facility will be
open 24 hours per day, year round, to County residents in need of
direct health care services, support services, meals on wheels,
assurance services, community events as well as other various activ-
ities.
ALTERNATIVES AND ANALYSIS:
Land Use Analysis - In this section, an analysis of the existing land
use pattern will be presented as well as a discussion of the future
land use as established in the Land Use Element of the Comprehensive
Plan.
Existing Land Use Pattern - The site proposed for rezoning is located
within an existing orange grove. All land adjacent to the subject
property to the north, east, and west are planted in citrus. The
groves are mature and productive. Further to the east of�the proper-
ty, fronting U.S. Highway #1, is the W. E. Geoffrey Subdivision.
This subdivision contains 216 lots, nearly all of which are built -out
in single-family residences. Much of the existing housing within the
subdivision is old and in sub -standard or dilapidated condition.
To the south of the property is 37th Street (Barber Avenue). On the
south side of this street are the following medical/health related
facilities:
1) Vero Beach Care Center - a nursing home;
71
2) Neurological Associates - an out-patient medical facility;
3) Medical Arts Center - an out-patient medical facility.
Further east along the south side of 37th Street is the Indian River
Memorial Hospital and the Indian River Medical Center.
Future Land Use - The Comprehensive Plan states:
"A one hundred -thirty (130) acre hospital commercial node is located
north of the present Indian River Hospital along 37th Street (Barber
Avenue). 'Commercial uses related to the needs of the hospital shall
be the primary use permitted as well as residential uses."
The concept of hospital/commercial nodes provides that uses serving
or complimenting the existing hospitals in Indian River County shall
receive priority for inclusion in a node. All existing hospital
related commercial and institutional uses total approximately 19.1
acres, thus, there is sufficient acreage to accommodate the proposed
rezoning.
The Plan characterizes the proposed nursing home as an institutional
use designed to provide a service to meet human requirements. Thus,
with its proximity to the hospital and surrounding medical facil-
ities, the subject property is ideally suited to accommodate a
nursing home facility.
Roads/Traffic:
The proposed nursing home can be expected to generate between 300-350
trips/day with a peak hour generation of 40-50 trips.
Using the maximum level, 37th Street would be impacted by a 95% west
directional split. This equates to approximately 333 westerly trips
to U.S. #1 in a twenty-four hour period.
I
Thirty-seventh Street is designated as a secondary collector on the
Thoroughfare Plan, feeding into U.S.#l.which is a major north --south
arterial for Indian River County. The purpose of secondary
collectors in relation to the proposed type of use, is to serve
regional centers such as the hospital. Based upon these factors, it
may be concluded that 37th Street can accommodate the expected
traffic flow:
Environment - The subject property contains no native vegetation, is
not within a flood hazard area, nor does it contain environmentally
sensitive areas. if C
RECOMMENDATIONS:
Based upon the above analysis, staff recommends approval.
Attorney John Wendell, of Lakeland, came before the
Board on behalf of the applicant, Virginia Walker, and
Florida Health Associates, which corporation is purchasing
this property from Mrs. Russell with the intent to build a
120 bed nursing home.
Commissioner Lyons questioned how sewage from this
facility would be dealt with.
72
MAR 2 1983
F,
t is 2 rae€ 9
Community Development Director King agreed that a
proper means of sewage disposal needs to be identified. He
reported that the developer was prepared to install a
package plant, but he believed they contacted the City of
Vero Beach last night requesting permission to connect to
their sewer main, and there seems to be some difference in
the information obtained last night versus previous
conversations with the City.
Attorney Wendell confirmed that he appeared before the
Vero Beach City Council last night because he was baffled
about how to proceed under the Tr9partite Agreement. It was
his understanding that the sewage allocation utilized by the
hospital is allowed to be used by certain d hers pending
full development of the hospital. He, therefore, asked the
City Council whether they would object to�Florida Health
Associates being allowed to use 12,000-15,000 gallons per
day of this sewage allocation, if the County, -and the
hospital had no objections. Mr. Wendell stated that it was
indicated that the City would react favorably; however, it
was pointed out that the County could move the balance of
the allocation for the 6th Avenue area into this commercial
node. Mr. Wendell further noted that since their new
nursing home would be the last added on.the force main, it
would have to be the first off in the event the hospital
needed additional allocation.
Attorney Wendell went on to emphasize that this
facility would not only add over 2.5 million to the tax
rolls, but would generate many future dollars in payrolls,
etc., for the community. He stressed their urgent need for
the sewage allocation, especially since their Certificate of
Need has an expiration date of April 3rd, and expressed
their willingness to cooperate with the county and perhaps
participate in some overall plan for that area.
73
Lengthy discussion ensued wherein the Commission
members endeavored to explain to Attorney Wendell the
complexities of the situation between the entities involved
in the sewer allocation in the hospital area; the fact that
it has not been County policy to spend ad valorem tax
dollars on the sewer system; the problems that arise in
moving allocation from one area to another, etc. It was
further noted that another part of the problem is the
limited ability of the distribution system in the hospital
node, and also that, while we have a hospital node that we
know will develop as a center of activity for health care in
our community, at this point only partial needs are being
met; for instance, Mr. Domico of Vero Med has been asking
for more allocation for his health-related facility in this
node for three years.
Commissioner Scurlock, who has been very much involved
in this issue, felt there is a possibility of the City
agreeing'to moving some allocation on a temporary basis, but
believed the only way they would consider a temporary
allocation would be if the County would guarantee that we
c.
are ready �to build a facility to take the load off the City.
Commissioner Scurlock continued to discuss impact fees and
user fees to develop one system for the area, and stressed
that the final answer is that the Utility Department is
going to have to react to a longer range solution and move
forward on an overall concept.
Attorney Wendell stated that he understood the burden
that is placed on the county and it is their hope that the
County, with the cooperation of the various facilities in
K
this area would be able to work out some reasonable
approach. Attorney Wendell continued to stress that they
want to'cooperate, but they do need sewage urgently.
Commissioner Lyons suggested the possibility of
Attorney Wendell getting together with Mr. Domico, who has a
74
MAR 2 198 rA ?8
MAR 2 1983 2 Pro.929
health facility in this same area, in regard to financing a
line to the Gifford plant. He definitely opposed the idea
of a package plant discharging into the river.
Discussion continued re various solutions, routes to
get to the City plant, etc., and Attorney Wendell pointed -
out that they will not be needing.sewave service for the.next
couple of months so there is time to talk and plan; however,
they must begin construction by the end of the month.
Community Development Director King pointed out that
the applicant is trying to get site plan approval next
Thursday; staff has reviewed it; there is room for a package
plant; and the problems are minor except for this issue.
Mr. King wondered if there was a possibilit'K-of providing
the applicant temporary service if they agreb to pursue
actively the formation of -a subregional system to serve the
node in question and sign such an agreement at the time of
site plan approval.
Attorney Wendell informed the Board that they did
contact a firm about designing a package plant, but they do
understand that is not a popular proposal. He continued to
urge that they be allowed a'temporary hook-up.
Commissioner Scurlock asked if Florida Health
Associates would be interested in participating in the _
formation of a subregional system as suggested and would
sign on the line to build their portion.
Attorney Wendell stated that although he has not
discussed this with his client, he felt quite sure they
would agree. He noted that they actually don't want to be
in the utility business themselves, but would be glad to
cooperate.
The possibility of escrowing the equivalent of the
amount needed for a package -plant, on which we would pay
interest, was suggested, and Attorney Wendell believed that
something like that could be worked out.
75
He reported that
Clark Development Company is putting in five nursing homes
in the state and something could be -provided that would
assure the County that they have the wherewithal to
participate.
Commisssioner Scurlock felt if we had letters of credit
or cash out front to indicate to the City that we are
looking at a single facility, they might agree to extend
some temporary service to the area.
Chairman Bird asked the County Attorney if we can
agree to give Florida Health Associates a temporary
allocation and at the same time get a written agreement
about their willingness to cooperate in a joint project to
supply the area.
Attorney Brandenburg felt we need to work with the City
a bit more before we proceed on that approach. He believed
what is needed right now is a decision on the zoning The
Attorney felt that when the site plan is reviewed, it could
be approved showing a package plant and then be modified
later when arrangements with the City regarding some kind of
escrow arrangement can be worked out.
t
Administrator Wright stated that he would like the
developer to go into the record as to the effect his
facility will have on Medicaid funding from the County
e
level. He asked if they figure about 50% Medicaid, and
Chris Clark of Clark Development Company figured about 400
Medicare -Medicaid. The Administrator explained that the
County pays approximately 50, or about $55.00 per month per
person, which will be an impact of about $30-$40,000
annually. He stated that he just wanted the Board to be
aware there is a monetary impact to consider in the budget.
The Chairman asked if anyone present wished to be
heard.
Thomas Eagen informed the Board that the only reason he
would be against this project is that package plants seem to
76
MAR 2 1983 VZ PAGE93U
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MAR 2 198
have a built-in obsolescence and there;is a possibility of
the effluent reaching the river.
Chairman Bird informed Mr. Eagen that the Commission has
stated that a package plant is at the bottom of the list of
alternatives.
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Scurlock, the Board unani-
mously closed the public hearing.
Chairman Bird reported that hb had been given the
following note to read into the record:
"The Hospital Board does not have any �bjection to the
proposed rezoning as long as it does not not=allow unrelated
businesses (those not health oriented) to build within the
hospital node. They would like to have the node zoning
specify that only health related businesses might build in
that area."
Mr. King felt this is spelled out -in the Zoning Code.
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Lyons, the Board unanimously
adopted Ordinance 83-13 granting rezoning of
the property as advertised to C-lA, noting that
site plan approval is a separate process and we
will have to address the utilities aspect.
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Lyons, the Board unanimously
directed staff to work with the City of Vero
Beach and developers to come up with a long
range approach to solve the utilities problem
for the hospital node; Commissioner Scurlock
to assist.
77
ORDINANCE No. 83-13
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 OWDAINED by the Board of County Commissioners of Indian River
County, Florida, and the accompanying Zoning Map, be amended as follows:
1. That the Zoning Map be changed in order that the following
described property situated in Indian River County, Florida, to -wit:
Begin at the intersection of the East line of Section 26, Township
32 South, Range 39 East, Indian River County, Florida, and the North
right-of-way line of 37th Street (Barber Avenue), thence run 30 feet West and
parallel to the North right-of-way line of 37th Street to the Point of Begin-
ning of the following described tract of land:
From the Point of Beginning run North and parallel to the East line
of said Section 26 a distance of 660 -feet, said point being and lying 30 feet
West of the East line of said Section 26; thence go West and parallel to the
North right-of-way line of 37th Street a distance of 660 feet; thence go South
and parallel to the East line of said Section 26 a distance of 660 feet and to
the North right-of-way line of 37th Street; thence go East along the North
right-of-way line of 37th Street a distance of 660 feet to the Point of
Beginning. Containing approximately 10 acres.
Be changed from R-2, Multiple Family District to C-lA,
Restricted Commercial District.
All with the meaning and intent and as set forth and
describedlin said Zoning Regulations.
Approvgd.and adopted by the Board of County Commissioners of Indian
River County, Florida on this 2ndday of March , 1983.
BOARD OF COUNTY CCH4ISSIONERS
OF INDIAN RIVER COUNTY
By: 51t
Richard N. Bird
r Chairman
Acknowledgment by the Department of State of the State of Florida this 1 4 day
of March , 1983.
Effective Date: Acknowledgment from the Department of State received on this 18th
day of March , 1983, ata ; 0 0 .M. /P.M. and filed in the Office of the Clerk
of the Board of County Commissioners of Indian River County, Florida.
By:
MAR 2 1983
j.
C
RG, unty Attorney
qt
78 BOK +
R 'i uC
F_
E
MAR 2 1983 K pA
31
PRELIMINARY PLAT APPROVAL - WABASSO ESTATES SUBDIVISION
Community Developement Director King reviewed the
following memo:
TO: The Honorable Members DATE: February 16, 1983 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE:
SUBJECT; PRELIMINARY PLAT APPROVAL
OF WABASSO ESTATES
atrick Bruce King, AI SUBDIVISION
I,&
FROM: Clare Zimmerman (gid' REFERENCES:
Planner I
It is requested that the information presented'herein be given
formal consideration by the Board of County Commissioners at
their meeting on March 2, 1983.
DESCRIPTION AND CONDITIONS:
Wahasso Estates is a ± 5.9 acre, 10 lot subdivision located on
the west side of State Road A -1-A, just north of' _Turtle Cove
Subdivision. The subject property is zoned R-lAA, Single Family
Residential, 2.6 dwelling units/acre allowable building density
and has a LD -1, Low -Density Residential, 3 dwelling units/acre
allowable building density land use designation.
Each lot is at least one-half acre in size and will have
individual wells and septic tanks. The subdivision will have a
private road running down the center of the subdivision which
ends in a cul-de-sac. The turning radius of the cul-de-sac
is large enough to accommodate passenger cars and delivery
trucks.
ALTERNATIVES & ANALYSIS:
The proposed subdivision has been reviewed by County Staff and
fouhd to be in conformance with County Standards and regulations.
All revisions to the original plat which have been recommended by
staff have been complied with by the applicant.
REP t4MENDATIONS:
Staffrecommends that preliminary plat approval be granted.
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Scurlock, the Board unani-
mously granted preliminary plat approval
to Wabasso Estates Subdivision. i.
79
DISCUSSION RE TELEPHONE RATE INCREASE
The Board reviewed a memo from -Administrator Wright, as
follows:
rO: Michael Wright
County Adminsitrator
DATE: March 2, 1983 FILE:
SUBJECT: Telephone Bill Increase
FROM: Lynn Williams. REFERENCES:
Acting Genera ervices Director
The February billing for the telephone service at the County Administra-
tion Building showed an increase of slightly less than 1% of the normal
billing. A portion of this increase is attributable to additional use
of long distance service.
I contacted Bob Evans,a Southern Bell Marketing executive for an ex-
planation. Mr. Evans stated that Southern Bell had requested a rate
increase from the Public Service Commission of approximately 20% across
the board. They were granted an interim increase of 7.55% (a t b).
However, the increase did not apply to equipment currently under contract,
which is why we were minimally effected.
The interim increase will be reevaluated in June by the Public Service
Commission. It iskXpected a permanent rate increase of between 7.55%
and 12% will_be granted.
This adjustment should not impact our system beyond perhaps 3%.
I have requested a itemized billing of our local service charges and
have asked that this be updated as equipment changes are made.
If you have any further questions please contact me'. I will forward
additional comments upon receipt of the itemized billing and its evaluation.
Chairman Bird reported that he had received a telephone
call from Michael Durwin of Piper Aircraft Corporation
requesting the County to consider taking a position opposing
the telephone rate increase before the Public Service
Commission. Apparently Piper did oppose it as well as the
City of Vero Beach and the School Board, and they were
hoping the County would takee a stand in opposition.
80
MAR Z" W83
S2. 934
V
MAR 2 1983`:
Discussion followed as to the County taking a stand,
and Commissioner Lyons noted that we have a Public Service
Commission and they understand the problem. He did not feel
they should have gotten into breaking up the Bell system in
the first place, and in his opinion, we should leave this
situation alone and let the Public Service Commission work
it out.
Administrator Wright believed that to oppose this rate
increase would not only take a long,time and a good deal of
money, but it would also require expertise that we do not
have. y
Motion was made by Commissioner Lyons that the
Commission express regret that the telephone- rates are being
raised, but indicate that we are not in a position to
provide the necessary testimony to take aIstand on this.
In further discussion, the Board generally agreed that
we do not have enough information to make a determination.
Commissioner Wodtke felt that the Commissioners as
individuals could voice their opinion,.but in order to speak
on behalf of 62,000 people, we certainly would have to have
some valid facts and expertise.
The Motion died for lack of a second, and the Board
agreed to take no action.
REPORT ON BARRIER ISLAND TRAFFIC STUDY
Commissioner Scurlock reported that the Transportation
Planning Committee approved the following Barrier Island
Traffic Study for conveyance to City Council.
STAFF RECOKE NDATIONS
BARRIER ISLAND TRAFFIC STUDY - FINDINGS REPORT
Issue 1: Through traffic on Azalea, Bougainvillea, Camelia, Dahlia and Flame -
vine Lanes.
Because of the limited number of complaints (none,in writing) and
traffic volumes insufficient to justify modification to existing
traffic patterns, staff recommends to maintain the existing roadways.
Occasional speeding, noise, and littering is an enforcement, not a
traffic engineering problem.
s
81
Issue 2: Truck traffic on Club Drive.
Roadside surveys were conducted on Club and Ocean Drives.
Observation revealed that the volume of heavy truck traffic is
exclusively due to local deliveries, service and/or construction.
Sind the number of complaints is not substantial and since the
restriction of light and recreational trucks is legally questionable,
staff recommends to do nothing.
Issue 3: Multi -Way STOP Intersections
Two multi -way STOP intersections were investigated in the study area.
Because of insufficient traffic volume to justify its contin on,
the 4 -way STOP at Cardinal Drive and Flamevine Lane is reccmnended to
be changed to a 2 -way STOP. Assignment of the STOP approaches will be
determined after Cardinal Drive is paved south of this intersection.
The existing 3 -way STOP at Club Drive and Bay Oak Lane.should be
maintained because sight -distance is limited for vehicular and pedes-
trian movements. Upgrading traffic control devices (i.e., signs and
markings) and establishing crosswalks are recommended to improve
pedestrian management and safety.
Issue 4: Through -traffic in the Riomar Subdivision.
Roadside surveys and traffic counts revealed that between 20% and 30%
of the traffic on Club and Ocean Drives could be classified as through -
traffic. In addition, St. Edward's Lower School has significant traffic
on Club Drive at Bay Oak Lane, accounting for 72% of the total traffic
during the hour that school opens and 35% during the school closing
hour.
Because of the traffic generated by St. Edward's School, the small number
of written ccoplaints received (four), and the limited capacity of State
Road AlA to absorb diverted traffic, staff recommends not to limit traffic
in the Ricmar Subdivision and to preserve access for emergency vehicles
and the general public at the present time. Re-evaluation of Riomar traf-
f dways may-. -be considered after capacity improvements are completed
on State Road AlA.
Modification of traffic signal phasing at the intersection of Causeway
Blvd. and AlA. is reconanended-L Changing the existing phasing for the
eastbound approach of CWseway Blvd. to a permissive left turn (green
ball) instead of red ball after the green arrow has the potential to
reduce left -turning traffic onto Club Drive frm Causeway Blvd. as
well as providing additional turning movement capacity.
Issue 5: Improvements to State Road AIA.
Staff recommends improvements to increase the capacity of AlA, ulti-
mately to a four -lane divided roadway (at a cost of approximately one
million dollars per mile), within the City of Vero Beach. Such a
roadway will have the capacity to accommodate projected traffic volumes
into the twenty-first century and possibly at Barrier Island build -out.
The Florida Department of Transportation should be immediately petitioned
to consider these improvements.
In addition, since the Merrill Barber Bridge (S.R.60) is nearing
capacity, improvements to the Barber Bridge or construction of an
additional bridge to acccnraodate projected traffic volumes between
the Barrier Island and the mainland area should be studied.
82
MAR2 1983 rAst:9 6
MAS � 1983
x
The only area with any economic impact on the County
would be improvements where the key element is AlA and the
recommendation was to coordinate with the DOT and try to
work out a similar approach as the Town of Indian River
Shores re three laning AlA. Commissioner Scurlock continued
that the Vero Beach City Council was supportive of the
concept of three laning AIA through the City and agreed that
the whole key for moving traffic on the barrier island is
AlA.
REPORT ON ANIMAL CONTROL COMMITTEE
Commissioner Lyons reported that the Animal Control
Committee has had a few meetings and has put together an
ordinance which will be a little more restctive than the
one we have presently. It also would put animal control
offenses under the purview of the Code Enforcement Board.
The Committee is stressing the importance of having dogs
inoculated against rabies; our present ordinance requires
this, but it is being totally ignored.
Commissioner Scurlock commented that some counties have
a special day for inoculation of dogs, and Commissioner
Lyons felt that is an idea that will be considered.
REPORT ON 911 SYSTEM MEETING
Commissioner Lyons next reported that he has been
trying to get the Emergency Medical Services to work
together on how they respond to the 911 system so that there
will not be unnecessary response. Commissioner Lyons stated
that he feels they have made good progress in this
direction; under the 911 system the county is broken up into
numbered sectors, and based on the proximity of the various
departments to these sectors and a list which is being
approved by Dr. Frazier, the Sheriff's Department will
handle the dispatching and decide who gets the calls first
according to the nature of the emergency.
83
FI
The South County situation seems to be pretty well
under control, but the North County -situation is a little
more difficult because of the way their dispatching system
is set up. The proposal now is that the South County Fire
District will dispatch to them on a plectron. They will
need about $800 worth of equipment to make this work, and
the North County Fire Advisory Committee is going to meet
and consider this possibility.
SEMINAR - FLORIDA SHORE & BEACH PRESERVATION ASSOC.
Commissioner Wodtke reported that the annual coastal
seminar of the Florida Shore & Beach Preservation
Association is going to be held March 30-31, 1983, at the
Gainesville Hilton Hotel, Gainesville, Florida. He would
like to attend and felt other Commissioners and staff should
be authorized to attend also.
Commissioner Lyons commented that he has attended these
seminars and found them to be very worthwhile.
I
ON MOTION.by Commissioner Lyons, SECONDED
by Commissioner Scurlock, the Board unani-
mo}sly authorized out -of -county travel for
Commissioners and appropriate members of
staff to attend the annual coastal seminar
41
of the Florida shore & Beach Preservation
Association as above.
REPORT ON BEACH RESTORATION AND PRESERVATION COMMITTEE
Commissioner Wodtke reported that they did have a
meeting of the above committee and received some financial
information from County Finance Director Barton and City
Finance Director Nason, who had worked up some figures they
acquired from Property Appraiser Nolte relating to various
alternatives for funding beach restoration according to the
Army Corps plan. It was felt that 50% of the cost is
84
MAR "I83 938
r MAR 2 1983
xA 939
related to storm surge and basic responsibility of the
upland owners. Alternatives were discussed for assessing
owners along the ocean, i.e., property value or a front foot
basis, and Commissioner Wodtke commented on the various
effects this would have on residents of The Spires, for
instance, as opposed to the owners of the Ocean Grill,
Howard Johnson's, etc. Another factor brought up.for
consideration was the quality of sand that would be pumped
on the beach, and there was lengthy,debate re the various
formulas and who would benefit from the beach restoration.
RESUBMISSION OF APPLICATION FOR TRAFFIC ENGINEERING
EQUIPMENT GRANT
Traffic Engineer Michael Orr noted tha4-this was
presented to the Board last August and then sent to the
State. It takes the State a long time to�look at these
applications and assign funds, and since it has been such a
long time, they would like a revision to the' -original grant
with new signatures on the last page. Mr. Orr noted that
the changes between this application and the last one
involve Page *2 - statement of the problem and the proposed
solution. It is an expansion of what the original grant
said; the intent is exactly the same.
Commissioner Scurlock
had
no problem except with the
4 40
$ , 0 figure for an Apple Computer, and it was noted that
is a budget figure.
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Lyons, the Board unanimously
approved resubmission of the Application for
Traffic Engineering Equipment Grant and
authorized the signature of the Chairman.
Said application is on file in the Office of the Clerk.
RR
DISCUSSION REGARDING DOUGLAS SCHOOL
Chairman Bird noted that at the last meeting, it was
indicated to Mrs. Ingram, President of the West Wabasso
Progressive Civic League, that we would like to pursue the
matter of the Douglas School further with her at this
meeting, at which time she could give us an update on what
she has been able to accomplish.
Mrs. Ingram came before the Board and informed them
that the West Wabasso Progressive Civic League is in
opposition to the proposal presented by the Department of
Corrections. The League now favors the County deeding the
facility to the Florida Community Health Center group, and
when they can no longer provide services to the community,
they would like to see this property revert to the County
and a special taxing district set up.
Commissioner Wodtke asked if the D.O.C. had an
opportunity to talk to the community. Mrs. Ingram stated
that she'presented them with the information discussed at
the last meeting, but the community was.not interested in
hearing a presentation by the D.O.C. and they got together a
w
petition i�pposing the use of the Douglas School facility by
the Youthful Offender system.
Fred Diaz, Executive Director of the Florida Community
I/
Health Center, came before the Board. He noted that they
were negotiating with the School Board on this last year,
during which time they did have several meetings with the
Economic Opportunities Council, the Wabasso League, and the
community people. Mr. Diaz referred the Board to the
comprehensive proposal he had submitted explaining the
Health Center's services and how they planned to work
together with the West Wabasso Progressive Civic League and
the E.O.C.
j ..
He reviewed their proposed budget, as follows:
86
MAR 2 1983''
DOLLARS BUDGETED FOR 1983 - 1984
Indian River County
(Wabasso)
Revenue
1. Grant $ 268,502
2. Patient Fees* 23,000
3. Donations 2,040
$ 293,542
Personnel
Physician
Dentist
Physician Assistant
Registered Nurse
Lab Assistant Coordinator
Dental Assistant
Medical Receptionist
Custodian
$ 160,812
Fringe @ 16%
25,730
Total Salaries & Fringe
186,542
1. Renovation of Building
$ 75,000
2. Supplies
17,000
3. Utilities, Telephone, Fuel
13,000
4. Insurance
2,000
Total Expenses
$ 293,542
Mr. Diaz emphasized that they plan to put in $15,000 up
front and do renovations up to $75,000. This money is
available, and their Board of Directors has made a
Resolution to support the activities in the community. He
continued that they presently have a mobile unit serving the
Wabasso, Gifford and Fellsmere area and have 2,416
87
registered patients in those communities with varied ethnic
backgrounds. Mr. Diaz explained that they work on a
sliding fee scale according to federal guidelines. They
have dental equipment that has been sitting waiting to be
installed in a permanent location, and as of July, they will
be retiring the mobile unit because of the mileage and wear
and tear. It costs them $18,000 to maintain this unit on
the road, and they are desperately looking for a facility
for a permanent site. As far as permanency of funding, Mr.
Diaz was confident that the migrant funds will never be cut
out of the federal budget.
Considerable discussion ensued as to the necessity for
the establishment of a permanent relationship between the
various entities involved so that the community would be
assured that a portion of the facility would be available to
them; the fact that this facility must be open to the public
on a non-profit basis; the length of a possible lease; the
necessity for a reversion clause, etc., and Mr. Diaz
emphasized that his group would prefer ,to go for a deed so
they could use the property to finance a new facility.
s
Commissioner Wodtke questioned the terminology of the
proposal which states that the Medical Group will "donate"
the use of the classrooms to the Progressive Civic League
and the League will, in turn "donate" to the Medical Group
for costs of operation, and Mr. Diaz confirmed that they
would expect that the costs for at least the electricity,
water, etc., would be reimbursed. He noted that their
"donation" is actually from their grant towards maintenance
of that building.
Commissioner Scurlock discussed a time frame for a
formal agreement between these groups. Attorney Wayne
McDonough, representing the Progressive Civic League, noted
that Mr. Diaz has just today made his proposal and gone on
public record as to his group's intentions and commitments,
88
MAR Z 1983
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r
MAR 2 1983
and everything is contingent on the action taken by the
Commission. He continued that as soon as the Commission
agrees with the concept presented, he will immediately meet
with Mr. Diaz and make sure that proper documents are
executed.
Further discussion ensued as to whether the Florida
Medical Group would be willing to accept a long term lease
rather than a deed, and Mr. Diaz pointed out that a lease
would raise the question of how much the Board of Directors
would want to invest in the property and a deed would be
much more satisfactory. /1
Commissioner Lyons was glad to see the proposal for the
use of this facility beginning to take shap�- He felt that,
in broad terms, it does begin to accomplish what the Board
had in mind when they gave the Community this opportunity,
and did not care whether this property is leased or sold
just so long as we have the right kind of reverter to ensure
that it always is used for a public purpose.
MOTION•WAS MADE by Commissioner Scurlock,
SECONDED by Commissioner Lyons, to authorize
the Administrator and the County Attorney to
work with the attorney for the West
Wabasso Progressive Civic League and Mr. Diaz to
come forth with appropriate leases and other
requirements, including a reverter clause, within
thirty days.
Commissioner Lyons noted that only leases were
mentioned in the Motion, and Commissioner Scurlock stated
that he wished to see the formal leases that will be entered
into to carry out this proposal, but this does not rule out
the possibility of deeding to these people.
89
Commissioner Wodtke expressed concern about the fact
that the Medical Group depends on funds authorized by
Congress and questioned Mr. Diaz at length about their
funding.
Mr. Diaz noted that at present they have a commitment
of $161,000 which is being expended on the mobile unit and
those funds could be put in this facility. He confirmed
that they are funded on Congressional resolutions which are
passed on every three or five years. They have been in this
budget 12 years in the State of Florida and have not had any
problems yet, and at present they are on the second year of
a three year grant.
Commissioner Wodtke then had questions re their intent
to fully operate the sewer and water plant and the reason
they had not come forth with a proposal sooner.
Mr. Diaz replied that they have $15,000 earmarked to
bring the plant up to proper operation with a $5,000
holdback'for a sump pump. He emphasized that their group
has been functioning seven years taking. care of indigents,
migrants, etc., and they work by federal guidelines. As to
why they `did not come forward sooner with a proposal, he
explained that they weren't interested in leasing a small
section of the facility because they had a great concern
.If
about maintenance; they could not afford to have their
service shut down,for indefinite periods and thus they
wanted control of the facility to assure that the
maintenance would be handled properly.
Administrator Wright asked if their grant was in place
for 1983-84 for which they estimated a $300,000 budget, and
Mr. Diaz stated that it was.
Commissioner Scurlock asked if anyone present was
opposed to the concept presented by the Medical Group today,
and there were none.
•
90
944
MAR 2 1983
945
Commissioner Wodtke brought up the fact that neither
the physicians nor the dentists in this group will have
privileges at the local hospital, and Mr. Diaz confirmed
that they refer their surgical patients on to other
physicians; they are strictly an ambulatory service.
Chairman Bird asked who their Board of Directors
answers to, and Mr. Diaz replied that they are a legally
constituted corporation within the state; they do answer to
their funding sources - the federal and state governments,
the DHRS, etc. They also have contracts with the Department
of Corrections, to whom they supply health services. He
noted that they started out as a migrant health service in
the Belle Glade area and spread to St. Luci�;County. Mr.
Diaz further explained that people from any county or state
can use their services, and they do not necessarily have to
be migrants or indigents. Sometimes tourists avail
themselves of their dental services, and they pay according
to a sliding fee scale; these are federal dollars and they
work by federal guidelines.
Commissioner Lyons stated that he would like to pursue
having this group supply services to the jail, and Mr. Diaz
agreed this could be done.
Commissioner Wodtke stated that one of the major
problems he had with going along with the concept presented
is the uncertainties of the funding, particularly if we are
talking about deeding the property. He still felt the
School Board should be handling this.
Commissioner Lyons noted that, regardless of who should
be handling this, we made a commitment to the community and
the League; they now have come to us in good faith with a
proposal as discussed previously, and on that basis, he
would go along with it.
Commissioner Wodtke believed the Board had stated that
we would give this facility to the Civic League, but now
91
they want us to deed it to the Medical Group, and although
he would be willing to approve an outright deed to the Civic
League, he was not in favor of deeding to the Medical Group.
Commissioner Wodtke wished to have some input from the local
medical society regarding the proposal made by Mr. Diaz. He
then noted that the Economic Opportunities Council
apparently is now proposing to move out of their current
quarters.
Leonard Edwards, Director of the Head Start Program, of
the E.O.C., confirmed that they presently are overcrowded,
and if they cannot get space at the Douglas School facility,
they may have to close up. He pointed out that they are
budgeted for rent and utilities, and the monies they are now
using for their present small building could be used to pay
for their share of the utilities at Douglas School.
Commissioner Wodtke had further questions as to the
salaries paid the physicians and dentists of the Health
Center group.
Mrs. Hortense Beachum of Wabasso expressed concern
about the Commission's dubious reception of their proposal.
She noted `1that the people of this community are those who
voted the Commissioners into office and asked for their help
in securing the Douglas School, and today when the community
comes back to the Board as requested and tells them what
they want, they are still insecure. She wondered if there
is something underhanded going on because the people have
said plainly that they do not want the prison system in
their community.
Commissioner Wodtke emphasized that the Board has to be
concerned about the future of Indian River County as a whole
and the ultimate use of this particular piece of land. He
continued that he had questions because of concerns raised
by members of the local medical society and also because -of
what has occurred in other areas with this type of program.
92
MAR 2 1,98a BOOK 62,x,
F -
MAR 2 1983 s x 4-7
He had further concerns regarding the funding and the
language re "donations." In addition, Commissioner Wodtke
noted that the Commission had requested that Mrs. Ingram
give the D.O.C. an opportunity to make their presentation
directly to the community, but instead she apparently
conveyed this information back to the people herself.
Although the community may have reached the same decision,
Commissioner Wodtke felt it was important for them to have
had the opportunity to listen to the presentation
themselves.
Mrs. Beachum reiterated that /the community did not want
the D.O.C. program, and Mrs. Ingram stated that she did go
back to the people, and they said they did Vot want to hear
the D.O.C.'s presentation.
Victor Hart of Gifford stated that he had some problems
with what Commissioner Wodtke is questioning. He noted the
folks we are talking about are poor people who need these
medical services. They are not begging the County to do
anything; they are bringing in a program as requested by the
Commission, and he objects to their coming in with a plan
and having the Commission say they want to keep checking on
it.
Commissioner Wodtke stated that he is trying to
accomplish the same thing the people are trying to
accomplish, but just wants to be sure about the services
that will be provided.
Commissioner Scurlock wished to clarify his Motion,
which was to authorize the Administrator and the County
Attorney to work with Mr. Diaz and Attorney McDonough and
come back with the leases they have agreed to enter into
between the two entities and to work out a proper reverter
clause. Commissioner Lyons reconfirmed his second. It was
again noted that this would apply either to a lease or deed.
93
Chairman Bird noted that he had not had a chance to
speak. He stated that although he would feel more
comfortable deeding this property to the Civic League, he
could understand the problems that it would pose for the Health
Center.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried 3 to 1 with
Commissioner Wodtke voting in opposition.
DOCUMENTS TO BE MADE A PART OF THE RECORD
(a) Fully Executed Agreement with the Department of Natural
Resources re funding for MacWilliam Park Boat Docks, as
approved at the meetings of December 16, 1981 and January 5,
1983, was received and put on file in the Office of the
Clerk.
(b) Fully executed Amendment to Cooperative Agreement with
the Department of Agriculture Soil Conservation Service for
Acceleration of the Soil Survey as approved at the meeting
t
of October 6, 1982, was received and put on file in the
Office of the Clerk.
(c) Fully executed,,agreement with Elton Schwarz, Public
Defender, as approved at the meeting of January 5, 1983, was
received and put on file in the Office of the Clerk.
(d) Fully executed agreement with the City of Vero Beach re
the use of certain utility poles, as approved at the meeting
of January 19, 1983, was received and put on file in the
Office of the Clerk.
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. 84646 - 84921 inclusive. Such
bills and accounts being on file in the Office of the Clerk
94 book
948
MAR 2 1983 v
F- MAR 2 1983
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 4:35 o'clock
P.M.
Attest:
Clerk
95
Chairman
C-