HomeMy WebLinkAbout2/15/1984Wednesday, February 15, 1984
The Board of County Commissioners of Indian River
County, Florida,.met in Regular.Session at the County
Commission Chambers, 1840 25th Street, Vero Beach, Florida,
on Wednesday, February 15, 1984, at 9:00 o'clock A.M.
Present were Don C. Scurlock, Jr., Chairman; Patrick B.
Lyons, Vice Chairman; Margaret C. Bowman; Richard N. Bird;
and William C. Wodtke, Jr. Also present were Michael J.
Wright, County Administrator; Gary Brandenburg, Attorney to
the Board of County Commissioners; L.S. "Tommy" Thomas,
General Services Director; Jeffrey K. Barton, OMB Director;
Lt. Dean Longo, Bailiff; and Barbara Bonnah, Deputy Clerk.
Chairman Scurlock called the meeting to order and led
the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA
Commissioner Lyons requested the addition to today's
Agenda of a brief discussion re the possibility of using the
Sheriff's forfeiture funds to help finance the construction
of the new jail.
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Bowman, the Board
unanimously added the above item to today's
Agenda.
FEB 15 1984
s�tflK V6 PACE.1►�
FEB 15 1994
Commissioner Wodtke requested the addition to today's
Agenda of authorization for out -of -County travel to attend
the NACO Annual Conference, and also a brief discussion re
the continuous increase in NACO's annual dues.
ON MOTION by Commissioner Wodtke,
SECONDED by Commissioner Lyons, the Board
unanimously added the above item to today's
Agenda.
Commissioner Bird requested the addition to today's
Agenda of a brief discussion re the need for a Sheriff's
bailiff at every meeting of the Board of County -
Commissioners.
ON MOTION by Commissioner Lyons
SECONDED by Commissioner Bowman, the Board
unanimously added the above item to today's
Agenda.
2
CONSENT AGENDA
Commissioner Wodtke requested that Item C be removed
from the Consent Agenda.
A. Surplus Property
The Board reviewed the following memo dated 2/6/84:
TO: BOARD,. OF COUNTY COMMISSIONERS DATE: February 6, 1984 FILE:-
THRU: Michael Wright
County Administrator
SUBJECT: Surplus Property
FROM: GE�RAL ERVICE IV SION
F�REFERENCES:
Caroly Goodrich, Manager
Purchasing Department
DESCRIPTION AND CONDITIONS
Attached is a list of Addressograph machines and card file cabinets no
longer being used by the Supervisor of Elections. Items 1-4 are the
machines used to make metal address plates. Items 5-12 are Storage cabinets
for the plates. Prices listed are prices at the time of purchase.
The records of the Supervisor of Elections are now on computer, therefore,
the Addressograph machines are not needed.
Two Addressograph dealers were contacted and asked to place an estimated
value on the equipment. Addressograph, Ft. Lauderdale, stated the value
would be no more than $200-300.00 total for all equipment. General Business
Machines, Miami (dealer of new and reconditioned addressing systems) stated
the equipment has no value at all, there is no market for this type of
equipment.
If the equipment were to be disposed of as scrap metal, maximum value would
be -$150.00 total.
ALTERNATIVES AND ANALYSIS
Under Florida State Statutes, the Board of County Commissioners must declare
this property as surplus before it can be disposed of by selling to the best
bidder, donating to an organization, or selling as scrap metal.
RECOMMENDATION
It is recommended that the Board of County Commissioners declare this property
as surplus, so said property can be disposed of by selling to the best
bidder, donating to an organization or selling as scrap metal.
3
"'GOA PACEl-1
FEB 15 1994
1. Asset #0304
2. Asset 00305
3. Asset #0328
4. Asset #0353
5. Asset #0320
6.
7.
8.
9.
10.
11.
12.
Addressograph
Model
1950GC
Purchased
1950
Addressograph
Model
1955W
Purchased
1950
Addressograph
Model
6441
Purchased
1970
Addressograph Model 5100 Purchased 1972
Addressograph Shelving Purchased 1962
(30 drawer)
Addressograph Shelving (30 drawer)
Addressograph Shelving (30 drawer)
Addressograph Shelving (30 drawer)
Addressograph Shelving (70 drawer)
Addressograph Shelving (28 drawer)
Addressograph Shelving (28 drawer)
Addressograph Shelving (28 drawer)
tion 5-6 WEBS
$ 3,399.21
1,233.45
3,875.25
10,709.83
234.57
234.57
^234.57
234.57
Approx.500.00
Approx.200.00
Approx.200.00
Approx.200.00
$21,256.02
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Wodtke, the Board
unanimously declared the above -listed
equipment surplus property, as recommended by
Purchasing Manager -Goodrich.
B. Release of Easement - Lot 17, River Ridge Estates
Daniel G. and Linda Downey, Jr.
The Board reviewed the following memo dated 2/2/84:
TO: The Honorable Members DATE: February 2, 1984 FILE:
of the Board of County
Commissioners
DIVISION HEAD: RELEASE OF EASEMENT
REQUEST BY DANIEL G. AND
SUBJECT: LINDA DOWNEY, JR.
_ SUBJECT PROPERTY: LOT
Robert M. Keats g, Arep 17, RIVER RIDGE ESTATES
Planning & Development Director
THRO® rry Burkhart
FROM: ?'_Chief , Code Enfoff€ffAtNCES:
Betty Davis D. Downey
Code Enforcement Officer DIS:CDENF
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of February 15, 1984.
4
DESCRIPTION AND CONDITIONS:
The County has been petitioned by Daniel G. Downey, .owner of
the subject property, for release of a 15 foot easement begin-
ning at the north property boundary of Lot 17,'running South 35
feet, thence East 74.50 feet to the east property boundary of
said Lot 17, River Ridge Estates, found in Plat Book 8, Page
80. Lot 17 is irregularly shaped and is generally 130 feet x
170 feet in size.
It is Mr. Downey's intention to construct a pool at his resi-
dence on the site.
The current zoning classification is R-lA, Single -Family
Residential. The land use designation is LD -1, Low Density
Residential, up to three units/acre.
ALTERNATIVES AND ANALYSIS:
The request has been reviewed by Southern Bell, Vero Beach
Power Company, Florida Cablevision, Inc. and the Utility and
Right-of=Way Departments. Based upon their reviews, there were
no objections to release of the easement. The zoning staff
analysis, which included a site visit, showed that drainage
would be adequately handled by the existing front and side
swales.
It is the zoning staff's opinion that to release the 15 foot
easement, being located at.the north property boundary of Lot
17 running south 35 feet, thence east 74.50 feet to the east
property boundary of said lot 17, River Ridge Estates, would
.have no adverse effect.
RECO1414ENDATION
Staff recommends to the Board, through adoption of a resolu-
tion, the release of the 15 foot easement being located at the
north property boundary of lot 17 running south 35 feet thence
east 74.50 feet to the east property boundary of Lot 17, River
Ridge Estates.
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Wodtke, the Board
unanimously adopted Resolution 84-11 granting
Release of Easement to Daniel G. and Linda
Downey, Jr., on Lot 17, River Ridge
Estates.
I
5
RE B 15 1984 a PAGE.
RESOLUTION NO. 84-11
BOOK PAGE IGO ..
WHEREAS, the Board of County Commissioners of Indian River
County, Florida, have been requested to release a 15 foot ease-
ment beginning at the north property boundary of Lot 17, running
south 35 feet, thence east 74.50 feet to the east property
boundary of Lot 17, River Ridge Estates Subdivision, according to
the Plat of same recorded in Plat Book 8, Page 80, of the Public
Records of Indian River County, Florida. -
WHEREAS, said lot line easements were dedicated on the Plat
of for public utility purposes, and
WHEREAS, the request for such release of easement have been
submitted in proper form;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the following
lot line easements in River Ridge Estates Subdivision, shall be
released, abandoned and vacated as follows:
A 15 foot easement beginning at the north property boundary
of Lot 17, running south 35 feet, thence east 74.50 feet to
the east property boundary of Lot 17, River Ridge Estates
Subdivision according to the plat of same filed in the
office of the Clerk of the Circuit Court of Indian River
County, Florida in Plat Book 8, Page 80.
BE IT FURTHER RESOLVED that the Chairman 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 15th day of February , 1984.
ATTEST:
Freda Wright, Clerk
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
BY: C
Don C. Scurlock, Jr. Ch `rman
6
✓ed 3° form
ja____7
ir_
'erg
e
RELEASE OF EASEMENT
This Release of Easement, executed this 15th day of
February , 1984, by the BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, a political sub-
division of the State of Florida, first party; Daniel G. Downey.
whose mailing address is 1346 River Ridge Drive, Vero Beach,
Florida, second party:
WITNESSETH
That the said party of the first part for and in considera-
tion of the sum of One Dollar ($1.00) and other good and valuable
consideration in hand paid by the said second party, does hereby
remise, release, abandon and quit claim unto the said second
party forever, all the right, title, interest, claim and demand
which the said first party has in and to the following described
easements, lying on land situated in the County of Indian River,
State of Florida, to -wit:
A 15 foot utility and drainage easement beginning at the
north property boundary of Lot 17 running south 35 feet
thence east 74.50 feet to the east property boundary of said
Lot 17. River Ridge Estates, as recorded in Plat Book 8,
Page 80, Public Records of Indian River County.
TO HAVE AND TO HOLD the same with all and singular the
appurtenances thereunto belonging or in anywise appertaining and
all estate, right, title, interest, equity to the only proper
use, benefit and behoof of the said second party forever.
IN WITNESS WHEREOF, the said first party has signed and
sealed these presents by the parties so authorized by the law and
the day and year first above written.
Signed, sealed and
delivered in the presence of:
Imo..
F E B 15 1994
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
BY:
Don C. Scu ock, Jr. C airman
a:' ,form _
and lags;'
91
ATTEST:. -`),`E-
Freda Wright, Clerk
7
FEB 15 1994 ,q
D. Budget Amendment, Disaster Preparedness Funds
The Board reviewed the following memo dated 2/7/84:
TO: Board of County Commissioners DATE: February 7, 1984 FILE:
SUBJECT: Disaster Preparedness Funds
FROM: Jeffrey K. Barton_, REFERENCES:
Director OMB
The following budget amendment is to correctly allocate the revenues and expenses
for the funds received from FP&L for the first quarter for the year 1984. (see
attached)
Account Title Account No. Increase Decrease
Disaster Preparedness 001..000=342-41.00 5,498
Other Promotional Exp. 001208-525--34.82 5,498
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Wodtke, the Board
unanimously approved the above budget amendment
as recommended by OMB Director Barton.
E. Budget Amendment - Unemployment Compensation
The Board reviewed the following memo dated 2/7-/84:
TO: Board of County Commissioners DATE: Fbbruary 7, 1984 FILE:
FROM: Jeffrey K. Barton,
OMB Director
SUBJECT: Unemployment Compensation
REFERENCES:
The following budget amendment is to allocate funds to pay unemployment
compensation for the quarter ending December 31, 1983. (see attached)
Account Title Account No.
Unemployment Comp. 004-205-515-12.15
Unemployment Comp. 004-207-524-12.15
Reserve For Contingency 004-199-513-99.91
Balance in Rhserve 1/31/84
$222,414.
,-Increase Decrease
1,314
500
1,814
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Wodtke, the Board
unanimously approved the above budget amendment
as recommended by OMB Director Barton.
F. Resolution Amending Res. 82-118 to Reduce Application
Fee for Concealed Weapons Permit Renewal
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Wodtke, the Board
unanimously adopted Resolution 84-12,
amending Resolution 82-118, as amended, to
reduce concealed weapons permit renewal
application fee.
FEB 15 41984 9
BOOK
uS PACE
FEB 15 1994 '
BOOK PAGE
RESOLUTION NO. 84-12
A RESOLUTION OF THE'BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA AMENDING RESOLUTION
NO. 82-118, AS AMENDED, TO REDUCE CONCEALED WEAPONS
PERMIT RENEWAL APPLICATION FEE.
WHEREAS, the Sheriff of Indian River County has
indicated that its office may provide in most instances a
satisfactory records examination without having to process
fingerprints through FDLE and the FBI, and the Board desires to
reduce its application fee to reflect this decrease in expenses.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS that Paragraph C of Resolution No. 82-118, as
previously amended by Resolution No. 84-1, is hereby further
revised to read as follows:
C. Renewal application fee of $6.00; which sum shall be
applied to offset administrative processing costs and shall be
payable with submission of the completed renewal application.
This fee resolution shall be effective for all renewal
applications submitted on or after January 25, 1984, and the rest
of Resolution No. 82-118, as amended, shall remain in full force
and effect.
The foregoing resolution was offered by Commissioner
Lyons who moved its adoption. The motion was seconded by
Commissioner Bird and, upon being put to a vote, the vote
was as follows:
Chairman Don
C. Scurlock, Jr.
Aye
Vice -Chairman Patrick B.
Lyons
Aye
Commissioner
Richard N.
Bird
Aye
Commissioner
Margaret C.
Bowman
Aye
Commissioner
William C.
Wodtke, Jr.
Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 15th day of February , 1984.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
DON SCURL CRr+ JR:,
Chairman
Attest:
APPROV AS�TO FREDA WRIGHT
AND LE SU I, CY Clerk
By:
t Coy Attorney
C. Budget Amendment - Required Funds to Buy into Florida
Retirement System, Building Department
The Board reviewed the following memo dated 2/7/84:
TO: Board of County Commissioners DATE: February 7, 1984 FILE:
SUBJECT: Required funds to buy into Florida
Retirement System - Building Department
FROM: Jeffrey K. Barton, REFERENCES:
Director OMB
Per your discussion at the October 19, 1983 meeting, we estimated a
$30,000.00-$35,000.00 shortage for buying into the retirement system.
We have now received the actual figures for the Florida Retirement
System and are $36,386.00 short of the funds received from the City
of Vero Beach.
The following budget amendment is to record the additional funds
received from the City of Vero Beach.
Account Title Account No. Increase Decrease
Cash Forward 441-000-38940.00 36,386
Retirement 441-233-52412.12 36,386
OMB Director Barton explained that at a previous
meeting the Board authorized the transfer of the Building
Dept.'s retirement funds from the City of Vero Beach
retirement plan over to the County's retirement system. It
was noted at that time that there would be an approximate
shortfall of $35,000. He reported that the actual figure.is
$36,386, which is above and beyond what the City has turned
over to us. The total buy -in amount figure is $88,298.81.
There was one employee who remained in the City's retirement
system due to his approaching retirement.
Commissioner Wodtke asked what happens to the
individual who has an $8,000 overage, and Director Barton
stated that amount belongs to him and will be used to buy
more time for him.
11
FEB 15 1984
BOOK H PAF 3
Fr' --
FEB 15 1984 sQo �► FACE y
Administrator Wright explained that the retirement
systems of the County and the City were entirely different,
and Director Barton reported that the County received
everything we were entitled to from the City. An actuary
went in and assigned a value, as the pool of money in the
City retirement system was distributed to the members based
on the amount paid in over a number of years.
Commissioner Wodtke just wanted to make sure that the
employees realize that the shortfall that is being picked up
by the County is actually an employee benefit.
Director Barton explained that this was a enterprise
situation; there was no tax money involved; and it is coming
out of the enterprise fund and not the reserve.for
contingency fund.
ON MOTION MADE by Commissioner Wodtke,
SECONDED by Commissioner Lyons, the Board
unanimously approved the above budget
amendment, as recommended by OMB Director
Barton.
PROCLAMATION - MENTALLY HANDICAPPED WEEK
Chairman Scurlock read the proclamation aloud and
presented it to Frank Julian, representing the Vero Beach
Council of Knights of Columbus.
12
PROCLAMATION
PROCLAMATION -OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, DESIGNATING THE
FIRST WEEK OF MARCH, 1984 AS MENTALLY HANDICAPPED
WEEK IN INDIAN RIVER COUNTY
WHEREAS, the Knights of Columbus, Vero Beach Council
5629, will be conducting its annual Tootsie Roll Drive to help
the handicapped and mentally retarded citizens, on March 1, 2,
and 3, 1984; and
WHEREAS, proceeds from the donations will be used by
the Knights of Columbus for local programs and activities such as
the mentally retarded workshop and special olympics program; and
WHEREAS, on a nationwide basis, the Knights of Columbus
Councils will be conducting similar events during the first week
of March; and
WHEREAS, with the help of many friends and local
organizations who have volunteered to assist the Knights of
Columbus in this year's endeavor, it is anticipated that the
proceeds generated will be far in excess of last year's total;
and
WHEREAS, it is altogether fitting and proper _ to
officially recognize this worthy cause, and to help create a
public awareness and appreciation for all those who will be
"aproned and canistered" on March 1, 2, and 3 and, most of all,
for all those who will contribute what they can from their hearts
and pockets to assist the mentally handicapped;
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, assembled in
regular session this 15th day of February, 1984, that the first
week of Mafch, 1984 be officially observed as
MENTALLY HANDICAPPED WEEK
in Indian River County, and that special recognition be given to
the dates of March 1, 2, and 3 in support of the annual Knights
of Columbus Tootsie Roll Drive.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA.
By C
DON C. S URLOCK, JR.
Chairman
Attest:
FREDA WRIGHT, rk
13
80%
FEB 15 1984
BOOK '55 PAGE M
DISCUSSION RE CONSTRUCTION OF A COUNTY GOLF COURSE
The Board reviewed the following letters dated 2/7/84
and 2/14/84:
CITIZENS FOR A COUNTY GOLF COURSE
1902 FOURTH AVE.
VERO BEACH, FL. 32960
February 7, 1984
Indian River County Commissioners
Vero Teach
Flocida, 32960
Gentlemen:
We, The Citizens For A County Golf Course
are promoting the construction of a public.golf course
and wish to bring this matter before your body at your
meeting to be held February 15th.
We hopethis meets with your approval.
Sincerely yours,
7
Harold E. Djorup, Ph.D.
Chairman
4105 MOCKINGBIRD DRIVE
VERO BEACH, FLORIDA 32960
/�.4A. /4-tk l9?j
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15
FEB 15 1984 eaaK 55 PnOO. .
Commissioner Bird reviewed the background of events
leading to the formation of a committee to study the
feasibility of establishing a County golf course at
Kiwanis-Hobart and reported that at the Board of County
Commissioners' meeting of February 1, 1984, the Board
authorized him to head up the golf study committee.
Kiwanis-Hobart Park contains approximately 600 acres and is
located near Winter Beach, midway between the City of Vero
Beach and the City of Sebastian, one mile west of U.S. #1.
Commissioner Bird reported that Dr. Harold Djorup,
Chairman of the Citizens for a County Golf Course, has
petitions signed by over 2,000 individuals urging the County
Commissioners to take immediate action to construct a golf
course at Kiwanis-Hobart Park, which was designed to include
a future golf facility. Commissioner Bird felt that the 100
people in attendance today certainly demonstrates the
interest in a public golf course, and he noted that several
well-known golf course architects believe the park to be one
of the best potential locations for a golf course in all of
southern Florida.
Commissioner Bird stated that he is accepting resumes
at the present time from people who wish to serve on this
committee. He planned to return at next week's meeting with
a recommended list of individuals to serve on the committee,
which he hoped to hold down to a workable number. After the
committee is approved by the Commission, the Committee will
draw up a scope of work and timetable, and then go to work.
In the meantime, staff has already begun researching any
grants that may be available for this type of project.
Commissioner Bird reported that he has contacted other
Florida cities and counties which are also building public
golf courses and hopes to visit those sites to gain from
their experience. He hoped that the Committee will have the
results of their study by early or mid summer, before the
16
M M M
start of budget preparation for fiscal year 1984-85. He
felt that first, we need to establish the need for a public
golf course, and then we need to establish construction and
maintenance costs, explore funding sources, and look at this
thing, not with emotion, but in a practical way in order to -
set it up as an enterprise situation. If research proves it
is feasible, it will be brought before the Commission for
their approval. At some point the County's bond counsel
will probably require an outside consultant to do an
analysis of the data compiled by the committee and assist in
preparing a final recommendation to the Board. Commissioner
Bird hoped that everyone agreed with the direction being
taken and looked forward -to their support.
Dr. Harold E. Djorup felt very encouraged to hear what
has been done and what is planned, and emphasized that
Citizens for a County Golf Course are convinced of the great
need for a public golf course in Indian River County. He
informed the Board that they plan on doing everything
possible to help Commissioner Bird and the feasibility
committee and will be.glad to provide the committee with a
survey made by the Florida Municipal Golf Course Association
covering the construction and operation of 17 courses, as
well as a PGA estimated golf course operation chart. Dr.
Djorup then presented petitions in support of construction
of a public golf course signed by approximately 2,000
residents and asked that they be made a part of the record.
(SAID PETITIONS ARE ON FILE IN THE OFFICE OF THE CLERK.)
Gus Mannino, Co -Chairman of Citizens for a County Golf
Course and new resident of the County, commented that one of
the main reasons he left New York was because he had to get
up at 4:00 a.m. in order to play golf on the weekends.
However, he has not found conditions much better down here.
He also has done some exploratory work and just received
some information from Larry Smith, who is a consultant with
17
FEB 15 1984
FEB 15 1994 BOOK t55 PAcGE1 2'
the National Golf Foundation in regard to architects who can
assist us, etc. Mr. Mannino noted that many people in
attendance today are white-haired and elderly and they would
love to see this course built before their demise. If the
study finds that construction would start in two or three
years from now, he did not feel that would be acceptable as
the course is needed now. In fact, by the time it is
completed, Mr. Mannino believed we will probably need to
build another.
George Gavelek, resident of 2-1/2 years, asked why'the
Board has alway
self-sustaining
are not, such a
courts, jogging
County couldn't
$1.5 million to
self-sustaining
period.
s insisted that a public golf course must be
when other public recreational facilities
s beachfront parks, baseball fields, tennis
and bike paths. He also asked why the
come up with seed.money of approximately
build a golf course which would be
and pay the County back over a 20-30 year
Chairman Scurlock explained that the beach acquisition
went to -a referendum for approval from the residents, and he
felt that same vehicle could be used if a majority of the
County's taxpayers wanted to fund.a public golf course. The
Chairman noted that this Commission has always viewed the
recreation program with the idea that those activities
should be paid for by the people who participate in them and
that is how our recreation program is set up. He further
pointed out that the tennis courts in Memorial Island Park
are self-sustaining and actually generate a surplus to
offset costs of some of the other programs. He believed
that the Sebastian course cleared $40,000 last year and
noted that the Marina also is self-sustaining.
Commissioner Wodtke believed the County would be in a
position to use its ability to borrow money at a lower rate
of interest than private enterprise could and the golf
18
course could then pay for itself over a period of years. He
pointed out that since the land was already owned by the
County, there would not be a lease payment for the land
itself.
Chairman Scurlock pointed out that we are going -to be
faced with Proposition I this year, and if it passes, it
will have a significant impact on the County's ability to
fund a variety of services.
Commissioner Bird believed that when all is said and
done, the future of a course may well depend on how creative
we are in financing the project.
Dick Schuler noted that while the majority of those in
attendance today are retirees, there are a great many
younger people who are in favor of a public course who could
not be here today because.they are at work. In the long
run, the cost of a course would be borne by the younger
people. He believed that the reason the public course the
City was planning to build near the airport was almost a
dead issue from the beginning was -because of the $300,000
lease payment for just the property alone, and the County
would not have this problem because the property is already
there.
Ed Schmucker, former County Engineer, recalled that
twenty years ago he had to practically beg the Commission to
accept the land for Kiwanis-Hobart Park.
Chairman Scurlock thanked everyone for coming today to
demonstrate the need for a County golf course and urged
their continuing support and assistance to Commissioner Bird
and the committee.
19
FE 15 BOOP 56 PACE 173
FEB15
1984
so�K
PACES.
PUBLIC HEAPING - VARIANCE REQUEST
- J. R. CHARLES
SUBDIVISION
The hour of 9:30 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to wit:
VER® 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
in the Court, was pub -
fished 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 subscriAd befiire rn?lis"�a day of A.D. 19
(SEAL)
NOTICE OF PUBLIC HEARING t`
TO CONSIDER SUBDIVISION
VARIANCE REQUEST
NOTICE IS HEREBY GIVEN that the Indian
River County Board of County Commissioners,
acting as the governing body, shall hold a public
hearing at which parties in interest and citizens
shall have an opportunity to be heard, on Febru-
ary 15, 1984, in the County Commission Cham-
bers, located in the County Administration, Build-
ing, 1840 25th Street, Vero Beach, at 9:30 A.M.
or as soon thereafter as may be heard, to make a
decision concerning J.R. CHARLES' REQUEST
FOR A VARIANCE FROM SECTION 10 -C -3(a) of
the County's Subdivision Ordinance 8344. The
variance requested by Mr. Charles is.to be re-
lieved from the ordinance requirement that 2nd
Street SW be extended into the proposed sub-,
division.
The Legal Description of the proposed sub-
division for which the variance is requested Is lo-
cated west of 6th Drive Southwest, between 1st
Street Southwest and 3rd Street Southwest—, ;
And is Legally described as:
-ALL THAT PART OF THE NORTHWEST'`
OF THE NORTHEAST % OF SECTION;
24, TOWNSHIP 33 SOUTH, RANGE 39" -
EAST, LYING WEST OF SIXTH AVENUE :-
AND OLD DIXIE . HIGHWAY; EXCEPT;.°. .
ALL OF, THE SUBDIVISION OF WHIS- '
PERING PALMS UNIT NO. 1, AS RE-
CORDED IN PLAT BOOK 4, PAGE 58, -
PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA; LESS AND EXCEPT-;
RIGHT-OF-WAY FOR PUBLIC ROADS*-,'*
OADS; '-:
COMPRtSING 18.33 ACRES.
If any person decides to appeal any decision
made by the Board of County Commissioners
with respect to any matter considered at this
meeting, he will need a record of the proceed-
ings, and for such purpose he may need to en-
sure that verbatim record of the proceedings is
made, which record includes the testimony and
evidence upon which the appeal is based.
Indian River County
Board of County Commissioners
By: -s -Don C. Scurlock Jr.
Chairman
Jan. 29,1984 .
The Board reviewed the following memo dated 2/6/84:
IV: The Honorable Members DATE: February 6, 1984 FILE:
of the Board of
County Commissioners
DIVISION HEAD CONCURRENCE: J. R. CHARLES SUBDIVISION
VARIANCE REQUEST
SUBJECT,
Robert M. Reatin , AI
Planning & Development Director
FROM: Staff Planneare r c � REFERENCES: Dzs:CLAREs s/D
It is requested that the following information be considered by
the Board of County Commissioners at a public hearing at their
regularly scheduled meeting on February 15, 1984.
20
DESCRIPTION AND CONDITIONS:
The J. R. Charles Subdivision is a proposed development located
west of Old Dixie Highway, between 1st Street S.W. and 3rd
Street S.W. At the time that the developers of the proposed
subdivision had a pre -application conference with County staff,
the developers presented a conceptual subdivision lay -out. (see
Attachment 1) This lay -out made provisions for extending the
existing 1st Street S.W. and 3rd Street S.W. into the subdivi-
sion. However 2nd Street S.W. was not extended into the
development. According to Section 10(c)(3a) of the County Is
subdivision ordinance.
"The pattern of streets in new subdivisions shall provide
for the continuation of existing streets from adjoining
areas, or for their proper projection where adjoining land
is not subdivided."
The applicants are requesting that the Board of County Commis-
sioners grant a variance from this provision of the ordinance,
so that 2nd Street S.W. may be terminated at the eastern
boundary of the J. R. Charles Subdivision.
ALTERNATIVES AND ANALYSIS:
Section 11(b)(1-4) of the County's Subdivision Ordinance 83-24
lists the criteria which shall be addressed when considering
variance applications:
(b) Conditions. The board shall not approve a waiver unless
it finds all of the following:
(1) The particular physical conditions, shape, or topog-
raphy of the specific property involved would cause
an undue hardship to the applicant if the strict
letter of the'ordinance is carried out;
(2) The granting of the waiver will not cause injury to
adjacent property or any natural resource;
(3) The conditions upon which a request for waiver are
based are unique to the property for which the waiver
is sought and are not generally applicable to other
property in the adjacent areas and do not result from
actions of the applicant; and,
(4) The waiver is consistent with the intent and purpose
of the Indian River County Zoning Ordinance, the
Indian River County Comprehensive Land Use Plan, and
this ordinance.
The applicant has addressed these criteria in a letter to the
County dated January 12, 1984 (see Attachment 2).
In' addition to considering this letter from the applicant,
staff considered two other factors when evaluating this vari-
ance request.
First, staff considered the impact of the proposed variance on
traffic entering the proposed subdivision. Extending 2nd
Street S.W. into the proposed subdivision would encourage
vehicular traffic to use this road. However, the intersection
of 2nd Street S.W. and Old Dixie Highway is of poor quality.
Since Sixth Avenue S.W., Old Dixie Highway, and 2nd Street S.W.
intersect at this point, there are three streets meeting at
less than 900 angles, at one location.
If 2nd Street S.W. were extended into the J. R. Charles Subdi-
-vision, more traffic would be generated at this intersection.
To reduce any additional traffic generation at this inter-
section, the Public Works Division has recommended that this
variance request be granted.
21
E B 1 1984 KOK UPAst' 0
FEB 15 1994
BOCK . PA A76
The second point, which staff considered when reviewing this
variance request, was the potential impact of the variance on
future development. Even if 2nd Street S.W. were terminated at
the eastern boundary of the J. R. Charles. Subdivision, rather
than extending into the development, further westward expansion
of the street seems unlikely. The land immediately west of the
subject site is the County's old landfill, and, historically,
old landfill sites are not developed for residential purposes.
The possibility of such a site either settling or emitting
methane gas makes it undesirable for development of any use
which requires intensive construction or human habitation. For
this reason, it seems unlikely that 2nd Street S.W. would need
to be extended into the J. R. Charles Subdivision in order to
accommodate -further, westward development in the area. It
should be noted that 1st Street S.W. and 3rd Street S.W. will
be extended, and therefore both can provide access if further
development occurs.
Thus, the extension of 2nd Street S.W. into the J. R. Charles
Subdivision would neither serve to facilitate traffic movement
from Old Dixie Highway into the subdivision, nor would it be
needed to facilitate westward moving through -traffic.
RECOMMENDATION:
For the reasons outlined above, staff recommends that the Board
of County Commissioners grant a variance from Section 10(c)(3a)
of the County Subdivision Ordinance 83-24, which would allow
the termination of 2nd Street S.W. at the eastern boundary of
the proposed J. R. Charles Subdivision.
Clare Poupard, Staff Planner, presented staff's
recommendation for approval of the variance request.
Ed Schmucker, President -of Total Development, Inc.,
assured Commissioner Wodtke that drainage has been well
addressed in the ridge area. There is a total internal
system that will take care of all the drainage and an
overflow out to the canal.
Chairman Scurlock opened the Public Hearing and asked
if anyone wished to be heard in this matter. There were
none.
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Wodtke, the Board
unanimously closed the Public Hearing.
22
ON MOTION by Commissioner Wodtke,
SECONDED by Commissioner Lyons, the Board
unanimously granted a variance from Section
10 (c) (3a) of the County Subdivision Ordinance
83-24, allowing the termination of 2nd Street S.W.
at the eastern boundary of the proposed J. R.
Charles Subdivision, as recommended by staff.
PUBLIC HEARING - ORDINANCE AMENDING ORD. 77-19, 80-3, AND
80-10 PROVIDING FOR FINANCING OF COUNTY CAPITAL PROJECTS
The hour of 9:45 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to wit:
VERO BEACH PRESS -JOURNAL
Published 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
i
in the matter of C�c� --2 IU
in the
�y Coouurt• was pub-
lished in said newspaper in the issues of _(2/,f ,t)
i
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 befm?e me
I�.W-4
��/
(/ n (BusiPesSgManager)
Q (J f /J
(CI t eCCt}i-C,eu- r�fn�ii�r�Rive
(SEAL) linty, Florida)
23
NOTICE OF INTENT TO CONSIDER
COUNTY ORDINANCE
The Board of County Commissioners of Indian
River County will conduct a public hearing on
February 15, 1984, at 9:45 A.M. in the Commis-
sion Chambers at the County Administration
Building, 1840 25th Street, Vero Beach, Florida,
to consider adoption of an ordinance entitled:
AN ORDINANCE OF TE BOARD OF COUNTY'
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, AMENDING SECTION 1-11 OF THE
CODE OF LAWS AND ORDINANCES OF INDIAN
RIVER COUNTY, FLORIDA, ADOPTED BY ORDI-
NANCE NO. 74-2, AS AMENDED FROM TIME TO
TIME BY ORDINANCE NOS. 77-19, 80-3 AND 80-
10 PROVIDING FOR THE FINANCING OF
COUNTY CAPITAL PROJECTS; PROVIDING
FOR INCLUSION IN THE CODE -.-SEVERABILITY;
AND EFFECTIVE DATE.
If any person decides to appeal any decision
made on the above matter, he/she will need a
record of the proceedings, and for such pur-
poses, he/she may need to ensure that a verba-'
tim record of the proceedings is made, which
record includes the testimony in evidence of
which the appeal is based.
Jan. 27, 1984.
FEB 15 1984 56 PA E 17
FEB 15 1984
BaO� MS PAGE x.78
Attorney Brandenburg explained that adoption of this
proposed ordinance would remove the 9.5% interest cap on
bonds that are issued for the purpose of financing capital
improvements, and allows the County to issue bonds up to the
maximum allowable interest rate provided by .State law. It
also provides for the bonds to be fully registered, as
required by the Federal government.
Chairman Scurlock reported that it was the unanimous
recommendation of the Finance Advisory Committee to approve
the adoption of the proposed ordinance.
Chairman Scurlock opened the Public Hearing and asked
if anyone present wished to be heard in this matter. There
were none.
ON MOTION by Commissioner Bird,
SECONDED by Commissioner Bowman, the Board
unanimously closed the Public Hearing.
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Bird, the Board
unanimously adopted Ordinance 84-03, amending
Section 1-11 of the Code of Laws and Ordinances
of Indian River County, Florida, adopted by
Ordinance 74-2, as amended -by Ordinance Nos.
77-19, 80-3, and 80-10, providing for the
financing of County capital projects, and
authorized the Chairman's signature.
24
W
INDIAN RIVER COUNTY ORDINANCE NO. 84-3
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, AMENDING
SECTION 1-11 OF THE CODE OF LAWSAND ORDINANCES
OF INDIAN RIVER COUNTY, FLORIDA, ADOPTED BY
ORDINANCE NO. 74-2, AS AMENDED FROM TIME TO TIME
BY ORDINANCE NOS. 77-19, 80-3 AND 80-10 PROVIDING
FOR THE FINANCING -OF COUNTY CAPITAL PROJECTS;.
PROVIDING FOR INCLUSION IN THE CODE; SEVERABILITY;
AND EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY -THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:
SECTION 1
Section 1-11 (b) of the Code'of Laws and Ordinances of
: Indian River County, being Ordinance No. 74-2, Section (2) as
amended by Ordinance Nos. 77-19,80-3 and 80-10 is hereby amended
to read as follows:
(b) To pay the cost of such projects, or to refund any
bonds theretofore issued for such purposes, the Board is author-
ized to provide by resolution for the issuance of revenue bonds
(hereinafter called "bonds") from time to time. The bonds, if
issued in certificated form after June 30, 1983, shall be issued
in fully registered form, without coupons, in such denomination or
denominations, bearing interest at such rate or rates per annum
not exceeding the maximum allowed by general law and shall mature
at such time or times, all as may be determined by the Board. The
bonds may be made redeemable before maturity, at the option of the
Board, at such price or prices and under such terms and conditions
as may be fixed by the Board prior to their issuance. The Board
s -hall determine the place or places of payment of the principal of
the bonds, which may be at any bank or trust company within or
without the State of Florida. Interest on the bonds shall be pay-
able by checks or drafts mailed to the registered owners thereof.
The bonds shall be signed by the manual or facsimile signatures of
the Chairman and Clerk of the Board, and by an authorized signa-
ture of the bond registrar designated by the Board to keep books
for the registration and transfer of the bonds, provided that the
bonds shall bear at least one signature which is manually executed
FEB 15 1994 -1- Banc 06 PAGE179
FEB 15 1984 WK - .4�5 PACES
thereon. The bonds shall have the seal of the Board affixed,
printed, reproduced or lithographed thereon, all as may be pre-
scribed in the resolution or resolutions authorizing the issuance
thereof. The bonds may be delivered to any contractor for payment
for his work in constructing the project for which the bonds are
issued hereunder or may be sold at public or private sale at such
price as the Board shall determine to be in the best interest of
the County, provided that the price shall not be less than ninety -
.five per cent -(95%) of the par value of the bonds sold.
The Board may, at its option; prior to the date of -issu-
ance of any issue of bonds, elect to use an immobilization system
or book entry system with respect to the issuance of such bonds,
provided adequate records will be kept with respect to the owner-
ship of bonds issued in book entry form or the beneficial owner-
ship of bonds issued in the name of a nominee. The details of any
alternate system of bond issuance shall be set forth in a resolu-
tion of the Board duly adopted prior to the issuance of the
applicable issue of bonds.
SECTION 2
INCORPORATION IN CODE
The provisions of this ordinance shall be incorporated
into the County Code and the word "ordinance" may be changed to
"section",_."article", or other appropriate word, and the sections
of this ordinance may be renumbered or relettered to accomplish
such intentions.
SECTION 3
SEVERABILITY
If any section, part of a sentence, paragraph, phrase or
word of this ordinance is for any reason held to be unconstitu-
tional, inoperative or void, such holdings shall not affect the
remaining portions hereof and it shall be construed to have been
the legislative intent to pass this ordinance without such uncon-
stitutional, invalid or inoperative part.
SECTION 4
EFFECTIVE DATE
The provisions of this ordinance shall become effective
'upon receipt from the Florida Secretary of State of official
acknowledgment that this ordinance has been filed with the
Department of State.
Approved and adopted by the Board of County
Commissioners of Indian River County, Florida on this 15th day of
February, 1984.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
01
By. C
DON C. SC RLOCR, JR
Chairman
Acknowledgment by the Department of State of the State of Florida
this 23rd day of February , 1984.
Effective Date: Acknowledgment from the Department of State
received on this 27th day of February , 1984, at 11:00
A.M./P.M. and filed in the Office of the Clerk of.the Board of
County Commissioners of Indian River County, Florida.
APPRO D Sf AND
LEGA UFF I 1<1
By
�A Y' BR NDENB RG
(Co�unty Attorney
-3-
FEB 15 1984 BOOK Us' PACE:
FEB15
1984r-5BOOK
FaUt1
RECOMMENDATION
FOR TRANSFER OF SOUTH BEACH WATER TO
CITY OF
VERO BEACH
The Board reviewed the following memo dated 2/8/84:
TO: The Honorable Members of the DATE: February 8, 1984 FILE:
Board of County Commissioners
t
THRU: Terrance G. Pinto. � SUBJECT: RECO�'ll�'IENDATION TO TRANSFER SOUTH
Utility Director �� BEACH WATER PROJECT TO CITY OF
VERO BEACH
FROM: Jose, A. Baird REFERENCES:
Ass stant Utility Director
DESCRIPTION AND CONDITIONS:
A recommendation must be made as to whether Indian River County Utilities
should furnish South Beach with water and if so, which method would be
in the best interest to the public.
Alternative 1:
The main alternative that has been cultivated per Sverdrup and Parcel
recommendation is a subaqueous crossing costing a total of $7,200,000.
Improvement 6,030,000
Engineering 300,000
Financing Cost 870,000
TOTAL 7.9200,000-
After
,200,000After a close review of this alternative, we have found several short -falls.
1. The project costs stated above includes only the water line going under
the river and completing the main artery running down A -1-A. The costs
of this project excludes laterals and other water mains that will be
necessary to serve customers that do not abut existing water lines or
border A -1-A. We estimate it could easily exceed 1 million dollars in
additional line costs to serve all the customers in the South Beach Area.
2. Sverdrup and Parcel has estimated several of our projects and none have
been within the budgeted construction and engineer cost. They usually exceed
projected costs by 150 or more. From the time the project was originally
proposed to the latest estimate, construction figures have grown from
4,677,000 to 6,030,000 and financing costs from 792,978 to 870,000. One
has to begin to wonder what the real cost of the project will be.
3. The potential number of customer was estimated by John Robbins in his renort
of April 7, 1981, to be as follows: `
28
so
Total Number of Possible Connections 3,398
Total Existing 951
Vested 2,150
Nonvested 1,248
Indian River County Planning Department also did preliminary figures and
came up with a slightly more conservative number for nonvested customers
of 1,140. This means you will be constructing a$7,200,000 water line
(a low estimate) to serve a possible additional 1,140 or
1,248 units. If we were to assess the project costs directly to those
who were in need of the water line, we would have, at the most, 1,248
accessible units.
4. Based on consumption figures furnished by the City of Vero Beach, the average
water use of each residential unit is 19,000 gallons per month. This means
the initial impact of water demand on our water plant would be 800,000
gallons ner day, causing us to expand the existing plant a lot sooner
thanexpected. This also calls for more funds to be expended.
S. The large increase in the debt outstanding to serve an additional 3,710
customers could have a great impact on existing customers water rates.
6. The cost of servicing units presently not being serviced on south beach:
Present
Estimate
Construction ---------------------------6,030,000
Engineering---------------------------- 300,000
Finance-------------------------------- 8701000
Cost of Additional Water Lines---------
15%------------------------------------
TOTAL----------------------------------7,200,000
Units---------------------------------- 1,248
Cost Per Unit ------------------------- 5,769.20
This cost -per unit does not include impact fees.
Possible
Costs
6,030,000
300,000
870,000
1,000,000
949,500
9,149,500
1,140
8,025.00
As one can see, the alternative of a subaqueous crossing could be,a very
expensive undertaking for the customer, therefore, not in their best interest.
Alternative -2:
This alternative was to build a water plant on the Barrier Island. We had
Sverdrup and Parcel review this possibility and they found it to be an even
more expensive undertaking than the subaqueous crossing.
Alterantive 3:
As per our agreement with the City of Vero Beach dated September 16, 1981,
we have the option of transferring the existing water system to the City
of Vero Beach as soon as the construction improvements are complete.
RECONNENDATION:
We recommend alternative 3 which is the option of transferring the existing
water system to the City of Vero Beach as soon as the construction improve-
ments are complete.
29
FEB 15 1984 X00" F PACE
F E B 15 1994
BOOR U PAGE4
Commissioner Bird asked if the water transfer is
approved and we transfer the existing customers and the
vested customers who have paid their reservation charge but
have not yet received service, what happens to the remainder
of the undeveloped, unvested County property in the South
Beach area, as far as the City agreeing to serve these areas
with future connections.
Administrator Wright explained that all the people who
have paid connection fees have availability to water. If
the South Beach area is annexed, the City would service the
area. If it is not annexed, we would be in a position to
either go with something similar to North Beach Water, or it
would be the responsibility of the individual developers.
Chairman Scurlock stressed that there is no
economically feasible vehicle other than the City of Vero
Beach to service the South Beach area, and Administrator
Wright agreed that even if the South Beach is not annexed,
they would encourage the City to take the area into their
service area.
Utilities Director Pinto pointed out that the agreement
states that not only does the County relinquish or turn over
to the City the present assets we_have, but the entire South
Beach becomes the service area of the City.
The Board discussed the pros and cons of the transfer
and agreed that the City of Vero Beach could best serve the
area.
Commissioner Bird did have some reservations about what
we are doing to the remaining undeveloped property owners
who are not vested.
Utilities Director Pinto believed that the County would
be really putting them in a much better position as far as
the possibilities of getting water to them. He explained
that if County were to build the river -crossing, the only
people who would benefit would be the 1280 new customers at
30
10
a cost of $7 -million. However, if the City of Vero Beach
should undertake the subaqueous crossing, it would enhance
their entire system on the beach.
Chairman Scurlock pointed out that in order for the
annexation issue to be placed on the ballot, it would have
to be requested by 30% of the registered voters and
residents. The other route would require 510 of the
landowners, by acreage, to ask that the annexation issue be
placed on the ballot.
Attorney Brandenburg explained that in order for the
referendum to pass, it must have a simple majority for
residents only in both the City of Vero Beach and the South
Beach annexation area.
Attorney Brandenburg wanted to make sure that the
matter of whose responsibility it is to service the area
is clear. The contract provides that when we turn over the
255 taps to the City, they will become the service responsi-
bility of the City. The City will continue to service any
other vested customers that they have down in that area, but
they do not have any obligation to provide service to other
vacant properties. The owners of those vacant properties
would have to come into the City just like any other City
customer and negotiate whatever fees are applicable before
they could obtain service. He pointed out that it was not
made clear in the agreement whether or not the entire South
Beach area automatically, by virtue of the County turning
over the 255 taps, becomes the City service area. His
interpretation is that it does not. Therefore, for them to
extend service beyond those 255 taps, they would probably
have to continue to send over Resolutions like they do on
the subdivisions saying that the County relinquishes its
service area to the subdivision, etc. The County Attorney
advised that if the Board does not want that to be the case,
we can work something out with the City whereby the County
31+
FEB15 1984 BOOK ' y PAGE$
4
I
FEB 15 1994
aQDlk '5 -3
would give them the authority to service the entire beach
area without coming back to us in the future. He felt that
this matter should be settled prior to the transfer
occurring.
Commissioner Lyons certainly did not want to leave
these people high and dry, as they now fully expect service
from the County one way or another, and it seemed to him
that this is something we should get settled in advance.
Lengthy discussion ensued regarding ways in which to
protect the interests of the unvested property owners before
approving the transfer.
Director Pinto stated that if they are not annexed, and
it is a City service area, and the City refuses service,
those people can still come to the County and ask for a
franchise and the County can still grant a franchise. If
they are annexed, then it is the City's responsibility.
When you turn it over to the City, a provision can be made a
part of the agreement in regard to whether or not the County
will allow franchises to be -established.
Commissioner Bird wanted to make sure that they can
come back to the County for a franchise if they are denied
water service or a franchise by the City.
Director Pinto stated that it might be advisable to
include in the agreement a provision; very similar to what
is written in most exclusive franchises, that a reasonable
time be given for the franchise or the municipality to
provide service. It was his experience that the courts have
said that if service cannot be provided within a reasonable
amount of time, the people must be given an option. He
informed the Board that, in,any case, approval of Change
Order #4 is advisable.
32
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Bird, the Board
unanimously tabled this item until such time
as staff is prepared to return with a specific
recommendation on the proposed agreement involving
the transfer of water service to the City of Vero
Beach, based on the discussion heard this morning.
APPROVAL OF CHANGE ORDER #4 - SOUTH BEACH WATER PROJECT
The Board reviewed the following memo dated 2/6/84:
TO: THE HONORABLE N11-11BERS OF THE DATE: February 6, 1984 FILE:
BOARD OF COUNTY CC"IISSIONERS
THRU: Terrance G. Pinto SUBJECT: Change Order #4 on South
Utility Director Beach Water Project
FROM: JosephBaird REFERENCES:
Assistant Utility Director
DESCRIPTION AND CONDITIONS:
Ortega Industrial Contractors has submitted Change Order #4 for the South
Beach. Water Project in the amount of $6,155.00. The proposal is to complete
changing the D.C. transmission of the pulse duration signal to audio carrier
transmission. This was a requirement by the City of Vero Beach because their
systems in the area are audio carrier transmission; and in the event that
they were to service the South Beach area, they wanted it to be compatible.
ALTERNATIVES AND ANALYSES:
Since the City of Vero Beach requested this additional expense, we have asked
for and received a letter from Tom Nason stating that if there is a shortfall
in the South Beach Water Project Fund and Indian River County formally agrees
to transfer the water system to the City of. Vero Beach, the City will pay
the additional $6,155.00 for the Change Order.
REMN IENDATION:
Staff recommends we approve this Change Order #4.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Lyons, the Board unanimously
approved Change Order #4 on the South Beach
Water Project, as recommended by staff.
33
FEB 15 1984 'BOOK --PAgE 8 7 .
r
FEB 15 1984
Contract No.
Change Order No. 4
BOOK 0PA�ed„.
SECTION M
CONTRACT CHANGE ORDER FORM
Date January 5, 1984
Location Indian River County, Florida
To: (Contractor) Ortega Industrial Contractors
You are hereby requested to comply with the following changes from the contract drawings & specifications:
Item
No.
1
Description of Changes -Quantities, Units, Unit Prices,
Change in Completion Schedule, Etc.
21
Decrease in
Contract Price
31
Increase in
Contract Price
`i4)
(1)
Change pulse duration signal from D.C. transmission
to audio carrier transmission.
Change in contract price due to this Change Order:
Total Decrease
Total Increase
Difference between Col. (3) and (4):
Net (increase) (decrease) contract price
$6,155.00
xxxxxxxxxxx
S 6,155.00
S 6,155.00
S 6,155.00
S
xxxxxxxxxxx
S
S
The sum of S_6,155.00 is hereby added to,xdadUMdxf xthe total contract price, and
the total adjusted contract price to date thereby is S687,463.60
The time provided for completion in the contract is unchanged, IiM:6,x xi€Si yakWby -0-
calendar days. This document shall become an amendment to the contract and all provisions of the
contract will apply hereto.
Accepted by: /- y-
Qiraet0 - ale
Recommended by:
Engine r I Date
Requested by: C 2-15-84
OwnerDate
NOTE: Work performed under this _change Ler,
prior to Owner's concurrence is at the Contractor's
risk.
� AQFroV-d C ►O tOr
and lega' :
M-1 ar �.8randen
C unty Atto
34
PUBLIC HEARING —ORDINANCE PROVIDING FOR THE INCLUSION OF
THE TOWN OF ORCHID IN THE NORTH COUNTY FIRE DISTRICT
The hour of 10:00 o'clock A.M. having passed, the
Deputy Clerk read the following Notice with Proof of
Publication attached, to wit:
VERO BEACH PRESS -JOURNAL JAIV
Published DailycN�+C,j RecravcO
044RD Co
Vero Beach, Indian River County, Florida c`�-0� co mos ft
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�u—�
in the matter of
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, 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 subscrib d be rem is d of A.D. 19
i�
1 A
r „ E (Busihess.,Kanager)
(SEAL) (Clerk of the Circuit Court, Indian RINVCounty, Florida)
NOTICE OF INTENT TO CONSIDER
COUNTY ORDINANCE
The Board of County Commissioners of Indian
River County will conduct a public hearing on I
February 15, 1984, at 10:00 A.M. in the commis- I
sion Chambers at the County Administration
Building, 1840 25th Street, Vero Beach, Florida,
to consider adoption of an ordinance entitled: i
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, AMENDING SECTIONS 21-90, 21-91
AND 21-93 OF THE CODE OF LAWS AND ORDI-
NANCES OF INDIAN RIVER COUNTY PROVID-
ING FOR THE INCLUSION OF THE TOWN OF
ORCHID IN THE NORTH INDIAN RIVER
COUNTY FIRE DISTRICT PURSUANT TO A
REFERENDUM VOTE; PROVIDING FOR AN IN-
CREASE IN THE MAXIMUM TAX ALLOWED TO
BE LEVIED DURING THE ONE-YEAR PERIOD
BEGINNING JANUARY 1, 1984, AND ENDING
DECEMBER 31, 1984, AND PROVIDING A
REFERENDUM THEREFOR; PROVIDING FOR
SEVERABILITY; INCLUSION IN THE CODE; AND
EFFECTIVE DATE.
If any person- decides to appeal any decision
made on the above matter, he/she will need a
record of the proceedings, and for such pur-
poses, he/she may need to ensure that a verba-
tim record of the proceedings is made, which
record includes the testimony In evidence on
which the appeal is based.
Jan. 27, 19U.
Attorney Brandenburg explained that adoption of this
proposed ordinance would provide for the inclusion of the
Town of Orchid in the North Indian River County Fire
District pursuant to a referendum vote and would also
provide for an increase in the maximum -tax allowed to be
levied during the one-year period beginning'January 1, 1984
and ending December 31, 1984., These matters will appear on
- the referendum as two separate questions.
35
FEB 15 1984.gK 56 pi r18
I
� 1
FEB 15 1984 �aaK. ear
Chairman Scurlock opened the Public Hearing and asked
if anyone wished to be heard in this matter. There were
none.
ON MOTION by Commissioner Bird,
SECONDED by Commissioner Bowman, the Board
unanimously closed the Public Hearing.
ON MOTION by Commissioner Bowman,
SECONDED by Commissioner Lyons, the Board
unanimously adopted Ordinance 84-04, providing
for the inclusion of the Town of Orchid to be
included in the North County Fire District
pursuant to a.referendum vote; providing for an
increase in the maximum tax allowed to be levied
during a one-year period and providing a
referendum therefor.
36
� r �
INDIAN RIVER COUNTY ORDINANCE NO. 84-4
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, AMENDING
SECTIONS 21-90, 21-91 AND 21-93 OF THE CODE OF
LAWS AND ORDINANCES OF INDIAN RIVER COUNTY
PROVIDING FOR THE INCLUSION OF THE TOWN OF ORCHID
IN THE NORTH INDIAN RIVER COUNTY FIRE DISTRICT
PURSUANT TO A REFERENDUM VOTE; PROVIDING FOR AN
INCREASE IN THE MAXIMUM.TAX ALLOWED TO BE LEVIED
DURING THE ONE-YEAR PERIOD BEGINNING JANUARY 1, 1984"
_ AND ENDING DECEMBER 31, 1984 AND PROVIDING A .
REFERENDUM THEREFOR; PROVIDING FOR SEVERABILITY;
INCLUSION IN THE CODE; AND EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS.OF INDIAN RIVER COUNTY, FLORIDA that:
SECTION 1
INCLUSION OF TOWN OF ORCHID IN
NORTH INDIAN RIVER COUNTY FIRE DISTRICT --REFERENDA VOTE
Section 21-90. Special district fire protection.
There is hereby created the North Indian River County
Fire District, a special district, pursuant to the authority
granted this board of county commissioners under the provisions of
Article VII, Section 9(a) and (b) of the Florida Constitution of
1968, as amended, and Section 125.01(5)(a), (b) and (c), Florida
Statutes, and within the meaning of Chapter 218, Florida Statutes
The boundary of the said North Indian River County Fire District,
hereinafter referred to as "fire district," shall include the
Cities of Fellsmere and , Sebastian and the Town of Orchid and
those unincorporated areas of the northern part of Indian River
County according to the following description:
All of Township 30 South, lying west of the west
bank of the Indian River and that part of Township 31
South lying east of the center line of Lateral U and
west of the west bank of the Indian River; said lands
all located and limited to Indian River County.
The amendments to this section including the Town of
Orchid within the North Indian River County Fire District shall
only be effective if a.ma-jority of the electors in the Town of
Orchid authorize the Town's inclusion in the district at a
referendum to be held in March, 1984 and the adoption of an
-1-
CODING: Words in struck-tkredgk type are deletions .from;
FE 15 1984 BOOK ��
�.___� existing law; words underlined are additions.
FEB 15 1984
FACE
BOOK
ordinance by the Cities of Fellsmere and Sebastian and the Town of
Orchid authorizing the inclusion of the Town in the District
SECTION 2
AUTHORIZATION TO INCREASE MAXIMUM ALLOWABLE MILLAGE
FOR ONE YEAR PERIOD BEGINNING JANUARY 11 1984 AND
ENDING DECEMBER 31, 1984
Section 21-93 of the Code of.Laws and Ordinances of
Indian River County is hereby amended to read as follows:
Sec. 21-93. Levy of taxes, budget adoption.
The -board of county commissioners is hereby authorized
and empowered to levy -annually an ad avalorem tax against all
real and tangible property included within the district not to
exceed one-half mill except for the one-year period beginning
January 1, 1984 and ending December 31, 1984, in which the millage
shall not exceed 1.5 mills. For the purpose of this tax levy, the
assessment roll, as prepared by the county property appraiser and
equalized by the property appraisal adjustment board, shall be
adopted and used. As provided by law, each year the board of fire
commissioners, after receiving the recommendations of the advisory
committee, shall prepare and adopt a budget and shall, by resolu-
tion fix the rate of said tax and levy same, forwarding to the
board of county commissioners, the county appraiser and the county
tax collector certified copies thereof all as provided by-law.
The said tax shall be included upon the tax notices issued by the
tax collector and the said tax shall be collected with the county
taxes, in the same manner and wherever practicable in the manner
provided by law for the collection of county ad valorem taxes,
including sale of tax certificates for which purpose the special
district tax shall be included with the county tax. The county
tax collector shall forward to the board of fire commissioners
taxes collected at the same time and in the same manner as pro-
vided for the payment of county taxes by the tax collector to the
board of county commissioners. The county property appraiser and
the county tax collector shall be entitled to payment for their
services in connection with the collection of said taxes as pro-
vided by law. Said budget, as above referred, shall contain all
of the estimated costs of providing fire protection and control
-2-
-VG: Words in st"ek-thim type are deletions frog
-_� __._ ___• _.__ existing law; words underlined are additions.
� r �
services within the boundaries of said fire district, as author-
ized by this article and as approved by the said board of fire
commissioners.
Monies obtained in a levy of a tax on all real and
tangible property within the boundary of said fire district shall
be maintained in special accounts in the name of said district by
the district board of fire commissioners for the purpose of pro-
viding fire protection and control services, as outlined herein,
within the boundaries of said fire district.
SECTION,3
REFERENDUM AUTHORIZING INCREASE IN MILLAGE
Section 21-91 of the Code of Laws and Ordinances of
Indian River County is hereby amended to add a second paragraph to
read as follows:
The provisions of Section 21-93 allowing the levy of not
to exceed 1.5 mills for the year beginning January 1, 1984 and
I
ending December 31, 1984 shall only be effective after a
referendum election is held wherein a majority of the electors
within the fire district have authorized the assessment of a
millage not to exceed 1.5 mills for the year beginning January 1,
1984 and ending December 31, 1984
SECTION 4
SEVERABILITY
If any section; part of a sentence, paragraph, phrase or
word of this ordinance is for any reason held to be unconstitu-
tional, inoperative or void, such holdings shall not affect the
remaining portions hereof and it shall be construed to have been
the legislative intent to pass this ordinance without such uncon-
stitutional, invalid or inoperative part.
SECTION 5
INCORPORATION IN CODE
The provisions of this ordinance shall be incorporated
into the County Code and the word "ordinance" may be changed to
"section", "article", or other appropriate word, and the sections
of this ordinance may be renumbered or relettered to accomplish
such intentions.
-3-
CODING:
Words in
struek-through type are deletions'fO
DQU�':
5� ��E��9
3
;� B 15 1
1984
existing
law; words underlined are additions.
FEB 15 1994
BOOK ' EAPE I
SECTION 6
EFFECTIVE DATE
The provisions of this ordinance shall become effective
upon receipt from the Florida Secretary of State of official
acknowledgment that this ordinance has been filed with the
Department of State.
Approved and adopted by the Board of County
Commissioners of Iridian River County, Florida on this 15th day of
February, 1984.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY n
By
DON C. SCURLOCK, JR
Chairman
Acknowledgment by the Department of State of the State of Florida
this 23rd day of February , 1984.
Effective Date: Acknowledgment from the Department of State
received on this 27th day of February , 1984, at 11:00
A.M./P.M. and filed in the Office of the Clerk of the Board of
County C�nissioners of Indian River County, Florida.
AND
LEGA.TrSUFE I
PPyRY M. BRANDENB RG
C unty Attorney --J
-4-
NG: Words in struek-th.= type are deletions from
._ _�_ existing law; words underlined are additions.
TRANSPORTATION PLANNING C014MITTEE
Commissioner Lyons gave the following summary of
actions dated 2/14/84:
• TRANSPORTATION PLANNING COMMITTEE
SUMMARY OF ACTIONS
FEBRUARY 14, 1984
1. Intersection of Old Dixie Highway at Highland Drive:
Committee confirmed original recommendation to install an aerial flashing
beacon and to transfer the right-of-way from Old Dixie to Highland Drive,
Implementation scheduled for March, 1984.
2. Intersection Study - State Road 60 at 90th Avenue:
Committee approved staff recommendation to signalize the intersection
through the F.D.O.T. equipment purchase program, with little or no direct
cost to the County. See attached report.
3. Request for Signalization - South Gifford Road at 43rd Avenue:
Committee approved School Board's request to install a traffic signal
due to potential hazards (see agenda item). 3 �-g�' u
4. U.S. #1 Improvements - 10th Street to South Relief Canal:
Committee endorsed the five-laning of U.S. 1 between 10th Street and the
South Relief Canal to isolate left -turning traffic into developing
commercial properties and to improve the intersections at 8th and 4th
Streets. A request has been submitted to the F.D.O.T. for review and
scheduling.
41
FEB 15 1984
FE -B 15 1994
BOOK` FauE
DISCUSSION RE USING SHERIFF'S CONFISCATED FUNDS TO HELP
FINANCE CONSTRUCTION OF NEW JAIL
Commissioner Lyons requested Attorney Brandenburg to
research Florida Statutes to determine whether the Sheriff's
confiscated funds can be used to help finance construction
of the new jail.
AUTHORIZATION FOR OUT -OF COUNTY TRAVEL - NACO ANNUAL
CONFERENCE
Commissioner Wodtke reported that he attended a NACO
conference two or three years ago and found it.to be
excellent. There is an opportunity to get some early
insights into cost bills that are being presented at the
time the
national budget comes out.
He requested
that
Attorney
Brandenburg be authorized
to attend this
year's
conference.
ON MOTION by Commissioner Wodtke,
SECONDED by Commissioner Lyons, the Board
unanimously authorized out -of -County travel
for Commissioners and appropriate staff to
attend the Annual Conference of the National
Association of Counties in Washington, D.C.
on March 17-20, 1984.
Chairman Scurlock pointed out that the Board has used
920 of their travel budget and suggested that, whenever
possible, travel costs should be charged back to the
appropriate County department that is involved.
Administrator Wright believed that "Save Our Coasts"
paid the County for travel involved. -.
42
I
Commissioner Lyons suggested that the Parks Dept. share
some of the expense involved in the beach acquisition
program, as it directly related to that department's
activities.
Liz Forlani explained that we usually spend $6,000 a
year on travel, but this year was exceptional because of the
travel related to the beach acquisition in addition to the
travel related to the new jail.
DISCUSSION RE -THE NEED FOR BAILIFF AT BOARD MEETINGS
Administrator Wright reported that he has researched
this matter as requested by the Board and found that it is
not necessary to have a bailiff in attendance at every
Commission meeting. He asked the Board if they wished to
have a bailiff present on a request basis only.
ON MOTION by Commissioner Bird,
SECONDED by Commissioner Wodtke, the Board
unanimously approved the service of a
bailiff on a request basis only.
DISCUSSION RE CONTINUING MEMBERSHIP IN NACO
Liz Forlani, Administrative Aide to the Board of County
Commissioners, reported that the 1984 NACO membership dues
of $819 are due and wished to know if the Board wanted to
continue their membership because of the continuous
increases in dues. In late 1982 there was a one-time only__
service fee of 50% of the annual.dues, plus -an increase of
15%. Dues were increased by 15% in 1983 and now again in
1984. Mrs. Forlani reported that the County has not yet
received the credit on the special service fee of $228,
which was promised.
Commissioner Wodtke believed that membership in the
association was very beneficial and Commissioner Lyons
pointed out that it is the County's lobbyist in Washington.
43
flK ' v PAGE -197
FEB 15 194 . .
r - 1
FEB 15 1994 _ p
d~� U PAGE �O
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Wodtke, the
Board unanimously authorized payment of
the 1984 NACO annual dues in the amount
of $819; and directed that NACO be requested to
credit the County's account in the amount
of $228.
44
DOCUMENTS TO BE MADE
PART
OF
THE
RECORD
P R-0
C L A
M
A T
I O N
WHEREAS, the INDIAN RIVER COUNTY VOLUNTEER AMBULANCE SQUAD
working in harmony with the SEBASTIAN DIVISION and the VERO
BEACH DIVISION, has the distinct honor of dedicating the new
SEBASTIAN DIVISION VOLUNTEER AMBULANCE BUILDING; and
WHEREAS, many business people and citizens of Indian River
County have donated their time and materials to make this
building possible; and
WHEREAS, the dedication of the SEBASTIAN DIVISION
VOLUNTEER AMBULANCE BUILDING has been scheduled for March 3,
1984;
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that many citizens of
I
Indian River County are volunteers or training to become members
of the volunteer corps because "THEY CARE" and that March 3,
1984 be designated as
INDIAN RIVER COUNTY VOLUNTEER AMBULANCE DAY
BE IF FURTHER PROCLAIMED that the Board on behalf of itself
and- the citizens of this county expresses appreciation and urges -
the citizens of Indian River County to continue to support the
INDIAN RIVER COUNTY VOLUNTEER AMBULANCE SQUAD, both in spirit and
financially, through contributions, enabling them to continue
their work in this county.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
FEB 15 1984
BOOK .56 tn,209
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. 90351 - 90453 inclusive. Such
bills and accounts being on file in the Office of the Clerk
of the Circuit Court, the warrants so issued from the
respective bonds being listed in the Supplemental Minute
Book as provided by the rules of the Legislative Auditor,
reference to such record and list so recorded being made a
part of these Minutes.
There being no further business, on Motion made,
seconded and carried, the Board adjourned at 11:15 o'clock
A.M.
ATTEST:
��.J� r-��
10,
Clerk Chairman
ft
46