HomeMy WebLinkAbout7/18/1984Wednesday, July 18, 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, July 18, 1984, at 9:00 o'clock A.M. Present
were Don C. Scurlock, Jr., Chairman;; Richard N. Bird;
Margaret C. Bowman; and William C. Wodtke, Jr. Absent was
Patrick B. Lyons, Vice Chairman, who was out of town on
vacation. Also present were Michael J. Wright, County
Administrator; Gary Brandenburg, Attorney to the Board of
County Commissioners; Jeffrey K. Barton, OMB Director;
and Virginia Hargreaves, Deputy Clerk.
The Chairman called the meeting to order.
Reverend F. Randal Mills, Seventh Day Adventist Church,
gave the invocation, and Attorney Brandenburg led the Pledge
of Allegiance to the Flag.
ADDITIONS TO THE AGENDA
Administrator Wright requested that discussion re
setting a date for the budget hearings be added to the
agenda under his items. He further requested that
discussion re a sewer assessment hearing the City of Vero
Beach is holding be added to the agenda under his items
because the county is one of the assessees.
The Administrator then asked that Item 9, Utilities -
Line Extension Policy, be deleted from the agenda.
ON MOTION by Commissioner Wodtke, SECONDED
by Commissioner Bird, Commissioner Lyons
being absent, the Board unanimously (4-0)
added the two above items to the agenda
under the Administrator's items, as re-
quested, and agreed to delete Item 9.
L 8 1984 BOOK 57 FACE 714
` JU J
s -
JUL 1.8 1994 B00}(
5,'`i FAS'E715
Commissioner Wodtke requested that a discussion on 4th
Street be added to the agenda under Public Works items, and
Commissioner Bird asked that an item re King's Highway be
added also.
ON MOTION by Commissioner Wodtke, SECONDED
by Commissioner Bird, the Board unanimously (4-0)
added the above items to the agenda as requested.
APPROVAL OF MINUTES
The Chairman asked if there were any additions or
corrections to the Minutes of the Regular Meeting of
June 20, 1984. There were none.
ON MOTION by Commissioner Wodtke, SECONDED
by Commissioner Bird, the Board unanimously (4-0)
approved the Minutes of the Regular Meeting of
June 20, 1984, as written.
The Chairman asked if there were any additions or
corrections to the Minutes of the Special Meeting of July 3,
1984. There were none.
ON MOTION by Commissioner Wodtke, SECONDED
by Commissioner Bird, the Board unanimously (4-0)
approved the Minutes of the Special Meeting of
July 3, 1984, as written.
CONSENT AGENDA
A. Bid #205 - Communications Radio System
The Board reviewed staff memo, as follows:
2
S
TO: Board of County Commissioners DATE: July 6, 1984 FILE:
THRU: Michael Wright SUBJECT: IRC BID #205- Communications
County Administrator Radio System for the Building
Department
FROM:-�'^'¢���' 1�� REFERENCES:
Carolyp/Goodrich, Manager
Purchasing Department
1. Description and Conditions
Bids were received July 3, 1984 at 11:00 A.M. for IRC Bid #205 - Communications
Radio System for the Building Department.
4 Bids were sent out, 3 Bids were received.
This equipment was budgeted for in this fiscal year and will upgrade and add
to the Building Department's existing equipment. The Building Department has
been operating on the City's frequency. The FCC has allocated a new frequency .._
for the Building Department. -
2. Alternatives and Analysis
All bids met specifications. The low bid was submitted by Communications of
Vero Beach, total cost of bid - $4304.00.
3. Recommendation and Funding
It is recommended that IRC Bid #205, be awarded to the low bidder, Communications
of Vero Beach, in the amount of $4304.00.
V
As of July 5, there is $9346.00 in Account #441-233-524-66-49.
ON MOTION by Commissioner Wodtke, SECONDED
by Commissioner Bird, the Board unanimously (4-0)
awarded Bid #205, a Communications Radio
System for the Building Department, to the
low bidder, Communications of Vero Beach, in
the amount of $4,304.00, as per the follow-
ing Bid Tabulation.
3
JUL 18 1984 BOOK 57 F,'GE 716
JUL 18 1984
BOOK 57 FW) 717
501 0012738
2. 6db Gain Omni Directional
Antenna for Base Station 1 Each 385 00 385 00 380 00
3. Tone Remote Control 1 Each 386 00 325 00 617 10
a_ Cnnnar Cnax 1/2" Transmission
Line 100/ft
I/Z
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BOARD OF COUNTY COMMISSIONERS
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1840 25th Street
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Vero Beach, Florida 32960
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BID TABULATION
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104
00
N/C
BID NO.
DATE OF OPENING
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IRC BID #205
July 3, 1984
CI'�
S'So
C? Q,
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BID TITLECommuni cations Radio System
_f
Units Mobile Units are Motorola
ITEM
NO. DESCRIPTION
UNIT PRICE
UNIT PRICE
UNIT
PRICE
UNIT PRICE
501 0012738
2. 6db Gain Omni Directional
Antenna for Base Station 1 Each 385 00 385 00 380 00
3. Tone Remote Control 1 Each 386 00 325 00 617 10
a_ Cnnnar Cnax 1/2" Transmission
Line 100/ft
I/Z
Uu
I Iuu
uu
ci i
UV
5. Connectors for Coax 2 Each
96
00
104
00
N/C
6. Sets of Crystals for Mobile
Units Mobile Units are Motorola
153.785 mHz T73BBA1000 7 Set
801
50
385
OCI
943
25
7 .Installation Cost for Base
549
00
575
0
400
100
Station Affenna,urystals & all
Related Equipment Total
8. Days required for Delivery
5 449
60 Days
50
1
4304
80 D
0
vs
5349
90 D
75
vs
B. Budget Amendment - Emergency Management
The Board reviewed memo of the OMB Director:
4
TO: Board of County Commissioners DATE: July 6, 1984 FILE:
Thru: S. Dean,
General Svices Director
FROM: Jeffrey K. Barton,
OMB Director
J'JC 19gq
SUBJECT: Emergency Manageme "ec'e1VED
0 BOARD Cou
c�� COMMISSIO'VE S
REFERENCES:
The following budget amendment is to record the revenues and expenses of the third (3)
quarterly payment for the Florida Power & Light Contract.
Account Title Account No. Increase Decrease
Disaster Preparedness 001,-000-342-41.00 5,497
Other Promotional exp. 001-208-525-34.82 5,497
ON MOTION by Commissioner Wodtke, SECONDED
by Commissioner Bird, the Board unanimously (4-0)
approved the above budget amendment as recom-
mended by the OMB Director.
C. Budget Amendment - Indian River Blvd. Extension
The Board reviewed memo of the OMB Director:
TO: BOARD OF COUNTY COMMISSIONERS DATE: July 11, 1984 FILE:
SUBJECT: Indian River Blvd. Extension
1
FROM: Jeffrey K. Barton REFERENCES:
The following budget amendment is to record the transfer of funds from the
5th and 6th cent gas tax monies to the Indian River Blvd Extension project fund.
Account Title
Fund Transfer
Reserve for Contengencie
Transfer In
Engineering Service
Account No. Inc. Dec.
109-199-581-99:.21 221,000
109-199-581-99.91 221,000
304-000-381-20.00 221,000
304-214-541-33.13 221,000
9
JUL 1 8 198 BOOK F' ;GE 71
JUL 18 7984BooK 57 F�0L 7.9
ON MOTION by Commissioner Wodtke, SECONDED
by Commissioner Bird, the Board unanimously (4-0)
approved the above budget amendment as recom-
mended by the OMB Director.
DISCUSSION RE DATE FOR BUDGET HEARINGS
OMB Director Barton informed the Board that the first
tentative budget adoption hearing must be no earlier than 60
days nor later than 75 days from the date of certification
of property values by the Property Appraiser, which puts it
from September 1st to September 15th. The School Board gets
the first choice of dates, and then we must pick ours. The
School Board has settled on Thursday night, September 13th,
and the OMB Director recommended setting our first hearing
for Wednesday night, September 12th, at 7:00 P.M.
ON MOTION by Commissioner Bird, SECONDED
by Commissioner Wodtke, the Board unanimously
(4-0) accepted the staff recommendation and set
the first tentative budget hearing for Wednesday,
September 12, 1984, at 7:00 P.M.
Commissioner Bird inquired about dates for the budget
workshops, and OMB Director Barton anticipated that they
would start on Monday the 30th of July with meetings all
that week and on into the following week, August 6th and 7th
and possibly the afternoon of the 8th.
Administrator Wright believed the Sheriff is scheduled
to present his budget on Wednesday afternoon, July 25th.
ESTABLISHMENT OF A ROAD & BRIDGE DEPT. EQUIPMENT OPERATOR
TRAINING PROGRAM
Public Works Director Davis reviewed his memo, as
follows:
TO: The Honorable Members of DATE: July 3, 1984 FILE:
the Board of County Commissioners -
THROUGH: Michael Wright,
County Administrator
SUBJECT: Establish`
Department
Training P
FROM: James W. Davis, P. REFERENCES:
Public Works Directo
nt of a Road and Bridge
�uipment Operator
o ,ram
DESCRIPTION AND CONDITIONS
To effectively establish an objective, equitable, and
nondiscriminatory employee qualification list for selecting
existing employees to fill Equipment Operator vacancies, the
Public Works staff has investigated the feasibility of initiating
a formal Equipment Operator Training Program. As stated in the
National Association of County Engineers "Handbook on Training
for Road Department", the merits of establishing such a program
include
1) Reduce costs on projects by introducing proper construction
methods and techniques.
2) Keep employees aware of new techniques to conserve energy,
comply with new standards and guidelines, and improve
efficiency.
3) Improve ability to cope with manpower shortages.
4) Improve employee moral
5) Improve safety
6) Improve public relations.
ALTERNATIVES AND ANALYSIS
Staff has reviewed various publications issued by the National
Association of County Engineer, Florida DOT, and FHWA Bureau
of Highway Safety pertaining to Equipment Operator Training.
The following program is presented:
a) Establish a training program for the following types of
equipment
1 - mowing equipment
2- trucks over 1 ton
3 - motor graders
4 - other heavy equipment including front end loaders,
dozers, gradall, backhoe, etc.
b) Select operators as "Trainers" - provide incentive pay
such as 2 hours pay per week
c) Trainers and Management develop program centered around
the following
Basic information on Equipment, etc.
Classroom and Road & Bridge yard
Trainee ride h day with operator
observing only
Safety - classroom
Detailed classroom review of machine components
Classroom machine maintenance
Operator in -field training
Operator in -field maintenance
Training period of 120 hours
Certificate issued
Each Trainee would receive a training notebook, a log book
and other materials.
7
JUL 18 1984 BooK 7 F 7%®
JUL 18 1984 57 pnF7?1
d) Trainee's selected as requests are submitted
e) Program initiated - Summer of 1984
Training schedule developed
The above is a preliminary program outline. Funds for Trainee
incentives and materials are to be available with the Road and
Bridge Department budget, and the cost for the program is estimated
as follows:
a) Incentive Pay for Trainers
Min. of 4 Trainers each receiving 2 hours incentive pay
per week
8 hrs/week 0 $12.00/hr = $96/week
Training 50 weeks @ $96/week $ 4,800
b) Training notebooks, log books, etc. 300
c) Training films courses, etc. 400
d) Miscellaneous 300
Estimated Costs $ 5,800
The program could begin with Trainers being selected in July,
1984 and the first introductory class held August 8, 1984.
Approximately 4 Trainees will be selected for each class based
upon employee performance evaluations and supervisor imput. Most
classes will be "open" for auditing by interested employees during
"off duty" hours. _
RECOMMENDATIONS AND FUNDING
It is recommended that staff be authorized to initiate the
program. Existing funds are available in the FY 8384 Road and
Bridge Department budget and have been included -in the proposed
FY 84-85 Road and Bridge Department budget.
Director Davis stated that it has become apparent there
is a need to develop a training program for some of the
employees along with a seniority list so that when a posi-
tion becomes vacant, there is someone immediately available
to step into that position. He believed this will be a more
equitable arrangement for the employees to better themselves
and at the same time reduce the cost of projects by intro-
ducing proper construction techniques. He requested the
Board's approval and support of the proposed program.
Administrator Wright believed that such a program would
serve to eliminate uncertainty among the employees and
complaints of favoritism.
Chairman Scurlock commented that staff's analysis does
not show any allowance for the cost of an employee riding
with a trainer for half a day instead of doing his job.
0
Director Davis noted that there will be times when some
employees will be on the job with other equipment operators,
and they would be paid their current pay rate. Most of
their classroom activity will be after hours, however, and
the only one compensated for overtime would be the trainer
as the employees would be doing this on their own
initiative.
Chairman Scurlock inquired about this program as
related to nepotism, which he felt can be a real negative
problem.
Administrator Wright stated that it is County policy
not to hire direct kin of other employees who work for the
Board. He believed there are situations where someone's
wife will work for another Constitutional officer, and Mr.
Davis noted that some employees' relatives were hired during
the summer as part time help.
Chairman Scurlock brought up the question re our
training these people and then having them move on to
private industry.
Director Davis did not feel that will be a problem for
the first few years, mainly because in selecting the trainee
from those who sign up for the program, we will be looking
at things like their past performances, their lon-
gevity, etc. We are not going to be taking people who are
newly hired and putting them in this program because we feel
an obligation to those who have been with the county. He
did believe we will have some degree of people being trained
and leaving, but he did not know how you could ask the
employee to compensate us for that training if he leaves.
Commissioner Wodtke noted that the training period is -
set up for 120 hours, and he wondered if all the categories
necessarily would require that many training hours.
Director Davis agreed that on some of the mowing
equipment and trucks, possibly only 80 hours of logged time
9
JU 1 18 1984 BOOK 57 F�!GE l 2
JUL 18 1984 BOOK 57 F':GE V3_
would be required, while the more sophisticated equipment
might take more than 120 hours. He felt we will have to
monitor the program and see how it goes.
Chairman Scurlock asked if this is guaranteeing 120
hours of overtime to the trainer, and Administrator Wright
stated that it would not be 120 hours overtime as some of
the training activity would be during regular hours.
Chairman Scurlock continued to express concern about
the cost of the overtime hours for four trainers, and
Administrator felt this cost must be weighed against the
advantages that will be derived from the program.
Chairman Scurlock felt it might be better to reduce the
work -week for the trainer so there will be no overtime,
i.e., have him work a 38 hour week and then come in two +
hours for the training period. He could not see paying
overtime.
Administrator Wright pointed out that when you pay the
trainer overtime, you are not paying the employee, and he
did not feel you could pull the employee off his job and ask
him to forfeit two hours of salary to come into a training
program.
Discussion continued at length re the cost of the
overtime as opposed to loss of the employees' productivity,
the advantages to be gained from the training, etc.
Commissioner Wodtke stated that he believed the program is
worthwhile, but he did not want to cut down on the
employees' productivity; he did hope, however, that the
overtime could be held down as much as possible.
Chairman Scurlock then made the point that if we
provide a program such as this for Road & Bridge, he felt we
are going to have to provide the same training opportunity
for all our employees, i.e., secretaries who wish to learn
the word processors, etc. He believed this is something
that will not stop here.
10
M a M
Director Davis believed the answer to that specific
analogy is that there are areas where you can go in the
county to get that type of experience, but there is no place
where you can go to get training on heavy equipment.
Administrator Wright concurred that this program supplies an
opportunity these people do not have because there is
nowhere else to go for this type of training in this area.
For the Utility employees, for instance, there is training
that is offered in the local junior college. He further
noted that people from the Landfill or Parks Department for
instance, also could be included in this program.
Commissioner Wodtke agreed that there is a difference
as related to training for operation of heavy equipment,
especially as it relates to safety, and he did feel the
training would be a plus. As to something like word
processing equipment, he felt most of that ought to be
taught basically on the job.
Chairman Scurlock noted that he is not arguing with the
concept of training and promoting within, he just wants to
be sure we are consistent.
Administrator Wright believed there always will be a
certain amount of on-the-job training with any new employee.
Chairman Scurlock wished to know if a formal curriculum
has been developed, and Mr. Davis stated that not completely
as they want the trainer involved, and it will be quite time
consuming as they have a great deal of material.
The Administrator pointed out that they did not want to
go into all that work before the program was approved.
Commissioner Bird inquired who is going to critique the
trainers, and Mr. Davis reported that they will be looking -
into pulling in outside people to help, such as the equip-
ment salesmen who give demonstrations and have training
films, etc. They had not thought of bringing in a
professional to critique, but it may be a good idea.
11
BOCK �'7 F��GE 724
� JUL 1 � 1994 -
r JUL 18 1984
BOOK
57 PAGE725
ON MOTION by Commissioner Bird, SECONDED
by Commissioner Bowman, the Board unanimously
(4-0) accepted the recommendation of the
Public Works Director and authorized proceed-
ing with the proposed training program, with
the stipulation that we will try to hold down
overtime.
COUNTY -INITIATED REZONING - DIXIE COMMERCIAL PARK, M.C.C.
SUBDV., PLUS UNPLATTED LAND
The hour of 9:30 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
VERO BEACH PRESS -JOURNAL
Published 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-Joumal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a ZAP
in the matter of .(1kP
NOTIC€*-PUBLIC HEARING
in the Court, was pub -
C -1
Nodca of nearing Wtlatetl by Inman River County to eonaWerthe adoption of a Cama ardmam
P res Cingg land hoar:
n –7 /f / trial Restricted 2. Heavy
Commercial cDis Co. The Sul DISMeL ttM M-1, Red Soul Indut-
lished in said newspaper in the issues off�� -/ / /!-C ( trial e, East. to ld Heavyhway.esof District. The subject PraPenY b located South of stn '
G 7 � place, East Of OIC Onti6 Highway, West of the F.E.C. Raruoad arM North al the South Relief
'The subject mbparty is described as being a part of the E% of Section 13. Township 33S..
(SEAL)
TION 13, A DISTANCE OF 34V TO THE POINT OF BEGINNING: THENCE RUN SOU
104.5`, THENCE RUN WEST 140.0': THENCE NORTH 104.9' TO THE NORTH LINE OF T
NWY. OF THE SE'/. OF SECTION 13: THENCE RUN EAST ALONG SAID NORTH LINE
THE POINT OF BEGINNING.
Apublic hearing at which parties in Interest and Citizens Shelf have an DDponu" to be
will be held by the Board of County Commissioners of Indian River County. Florida. in the
Commission Chambers of the County Adm nshation Building, located at 1860 25M Sbwa
Beach, Floida, on Wednesday, July 19 1984, at 9:30 a.m.
11 any person decides to appeal any decision made on
the above matter, he;II" will
m
record of the proceedings, and for such purposes. he/she may need to ensure at a w
record of the proceedings a made. which includes, teahmary and w4ence upon which the
is based.
Indian River County
Board of County Conmisswnoe
By -s-Oon C Scurlock Jr.
Chapman
Jurve 27. Jury 3. 10. 1984.
Chief Planner Richard Shearer made the staff
presentation, as follows:
12
-1
Rarcally d
DIXIEBCOMMERCIAL PARK Indian Rim County,
UBDIVISION AS RECORDED H N PLAT BOOKesa'bed 11. PAGE 4,
DIAN RIVER COUNTY, AND M.C.C. SUBDIVISION AS RECORDED IN PLAT BOOK 11. PAI
S. INDIAN RIVER COUNTY. (SAID LAND NOW LYING AND BEING IN INDIAN RIVER COL
Affiant further says that the said Vero Beach Press -Journal is a newspaper published a-
TY, FLORIDA.)
` Vero Beach, in said Indian River County, Florida, and that the said newspaper has heret0t0ni
TOGETHER WITH:
THAT PART OF THE N'h OF THE N'.S OF THE NWT. OF THE SE'4 OF SAID SECTION
been continuously published in said Indian River County. Florida, each daily and has steer
LYING EASTERLY OF THE OLD DIXIE HIGHWAY RIGHT-OF-WAY LINE THAT PART
entered as second class mall matter at the post office in Vero Beach, in said Indian River Court
THE Nye OF THE NE% OF THE SWT. OF THE SE'. OF SAID SECTION 13 LYING EASTER
ty, Florida, for a period of one year next preceding the first ptiblication of the attached copy o'
OF THE OLD DIXIE HIGHWAY RIGHT-OF-WAY LINE AND NORTHERLY OF THE SOU
RELIEF CANAL RIGHT-OF-WAY LINE; AND THE S'h OF THE Sia OF THE S'9 OF THE N
advertisement; and affiant further says that he has neither paid nor promised any person, firm
N 13 LYING EASTERLYOLD DIXIE
SAID DERLY w
or corporation any discount, rebate, commission or refund for the purpose of securing thiE
LINE AND WESTF OF THE F E CRRAILROADERIGHT-OF-WAY E ALL N SECT1AY
RANGE 39E. PUBLIC RECORDS OF INDIAN RIVER COUNTY. FU
advertisement for publication in the said newspaper.
13. TOWNSHIP 33S.
IDA. (SAID LAND Now LYING AND BEING IN INDIAN RIVER COUNTY. FLORIDA.)
Sworn t0 and Subscribed before?f thiy,repay Of� A.D. 19
SHIP 33S.CRING LESS
S/JD DESCRIBED OP SE1, OF BE
TNGE 3THE NE C1tii. RUN tORNEREOEST ON TM EONWCa'. OF THRTH LINE E
(SEAL)
TION 13, A DISTANCE OF 34V TO THE POINT OF BEGINNING: THENCE RUN SOU
104.5`, THENCE RUN WEST 140.0': THENCE NORTH 104.9' TO THE NORTH LINE OF T
NWY. OF THE SE'/. OF SECTION 13: THENCE RUN EAST ALONG SAID NORTH LINE
THE POINT OF BEGINNING.
Apublic hearing at which parties in Interest and Citizens Shelf have an DDponu" to be
will be held by the Board of County Commissioners of Indian River County. Florida. in the
Commission Chambers of the County Adm nshation Building, located at 1860 25M Sbwa
Beach, Floida, on Wednesday, July 19 1984, at 9:30 a.m.
11 any person decides to appeal any decision made on
the above matter, he;II" will
m
record of the proceedings, and for such purposes. he/she may need to ensure at a w
record of the proceedings a made. which includes, teahmary and w4ence upon which the
is based.
Indian River County
Board of County Conmisswnoe
By -s-Oon C Scurlock Jr.
Chapman
Jurve 27. Jury 3. 10. 1984.
Chief Planner Richard Shearer made the staff
presentation, as follows:
12
-1
TO: The Honorable Members DATE: July 6, 1984 FILE:
of the Board of
County Commissioners
DIVISION HEAD CONCURRENCE:
SUBJECT:
Robert M. keatir7g, WP
Planning & Dev�lopmehit Director
COUNTY -INITIATED
REQUEST TO REZONE
29.9 ACRES FROM
C-lA, C-1, AND M-1
TO C-2, HEAVY
COMMERCIAL
DISTRICT
f1S
FROM' Richard Shearer, AICP REFERENCES: Co. Int. 29.9 Ac.
Chief, Long -Range Planni FORMS2
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of July 18, 1984.
DESCRIPTION & CONDITIONS
Indian River County is requesting to rezone approximately 29.9
acres located south of 4th Place, west of the F.E.C. railroad,
north of the south relief canal, and east of Old Dixie Highway
from C-lA, Restricted Commercial District, C-1, Commercial
District, and M-1, Restricted Industrial District, to C-2,
Heavy Commercial District.
On June 6, 1984, the Board of County Commissioners approved a
request to rezone .34 acres located on the south side of 4th
Street from C-lA to C-2. At that time, the Planning Department
recommended that additional land in this area also be rezoned
to C-2.
The subject property is made up of the Dixie Commercial Park
Subdivision, the M.C.C. Subdivision, and unplatted land to the
north and south of these two commercial subdivisions. On April
6, 1983, the County approved a request to rezone the Dixie
Commercial Park and M.C.C. Subdivisions from C-lA to C-1. The
!purpose of the rezoning was to permit contractors offices and
general commercial uses in these subdivisions.
On May 24, 1984, the Planning and Zoning Commission voted
4 -to -0 to recommend approval of this request.
ALTERNATIVES & ANALYSIS
In this section, an analysis of the reasonableness of the
application will be presented. The analysis will include a
description of the current and future land uses of the site and
surrounding areas, potential impacts on the transportation and
utility systems, and any significant adverse impacts on
environmental quality.
Existing Land Use Pattern
The Dixie Commercial Park and M.C.C. Subdivisions are currently
being developed for contractors offices, auto repair
facilities, office -warehouse uses, and retail sales of lawn
mowers and tires. The C-2 zoning district is ideally suited to
these types of land uses. The remaining portions of the
subject property located in a C-lA zoning district contain:
1) The Workshop, a furniture sales and refinishing establish-
ment;
13
JUL 18 1984
BOOK 57 PACE I26
JUL 18 1984
BOOK 5 7 FACE 727
2) The 4th Street Plaza, a nonconforming mini -warehouse and
storage facility;
3) ACE Plumbing Company;
4) Two (2) nonconforming mobile homes;
5) Two (2) nonconforming single-family residences;
6) Overall Interiors, an interior decorating outlet;
7) Hibiscus Manor, a nonconforming retirement home; and
8) Baker Brothers wholesale refrigerating equipment.
In addition, there is some vacant land zoned M-1 which is also
part of the subject property.
North of the subject property are mini -warehouses in an M-1
zoning district. East of the subject property in an R-1MP,
Mobile Home Park District, is Woodlawn Manor mobile home park
and the F.E.C. railroad. South of the subject property, across
the south relief canal, are contractors offices, a convenience
store, mobile homes, and other commercial uses in a C-1 zoning
district. West of the subject property, across Old Dixie
Highway, are single-family residences and vacant land in an
R-1, Single -Family District.
Future Land Use Pattern
The Comprehensive Plan designates the subject property and
all of the land immediately around it as part of the U.S. #1
MXD, Mixed -Use Corridor. The MXD land use designation provides
for redevelopment in accordance with the dominant land uses.
In addition, the U.S. 1 Mixed -Use corridor was anticipated to
be devoted primarily to commercial and industrial uses. Based
on the provisions of the land use plan and the predominant land
uses of the subject property, the C-2 district appears to be
the most appropriate zoning for the subject property.
Transportation System
The subject property has direct access to 4th Street
(classified as a primary collector street on the Thoroughfare
Plan), Old Dixie Highway (classified as a secondary collector
street), and to 4th Place, 3rd Place, and 2nd Place (classified
as local streets). Uses allowed in the C-2 district should
attract less traffic than those uses normally allowed in the
C-lA and C-1 districts. No increased traffic is anticipated as
a result of this rezoning.
Environment
The subject property is not designated as environmentally
sensitive nor is it in a flood -prone area. The subject
property contains scattered vegetation consisting of slash
pines, live oaks, and cabbage palms. The predominant
understory consists of mixed grass species and scattered saw
palmettos.
iT+i l i +i cc
There is a County water main running along Old Dixie Highway
14
� � s
-I
and part of the subject property has tapped on to this water.
However, County wastewater facilities are not available for the
subject property.
RECOMMENDATION
Based upon the above analysis, including the Planning and
Zoning Commission's recommendation, the existing land use
pattern, and the nonconforming use status of many of the
commercial activities, staff recommends that the subject
property be rezoned to C-2, Heavy Commercial District.
The Chairman asked if anyone present wished to be
heard.
Commissioner Wodtke asked about the nursing home in
this area, which is south of 4th Place and west of the FEC
Railroad, and Mr. Shearer stated that actually it is a
retirement home, and it is non -conforming. The mobile home
park is zoned properly, but there are some mobiles homes in
the C-lA area, which are non -conforming. We are not
rezoning the mobile home park, however, just the commercial
and industrial district so that we have one district in this
area instead of three.
Norman Hensick, owner of property in Dixie Commercial
Park Subdivision, which is presently C-1, stated that he is
in favor of the rezoning the county has initiated. He
believed there is a need and that this is a step in the
right direction.
Bill Seilkop with Coldwell Bankers and Ed Schlitt
Realtors reported that they also are very much in favor of
the C-2 zoning.
ON MOTION by Commissioner Wodtke, SECONDED
by Commissioner Bird, the Board unanimously
(4-0) closed the public hearing.
ON MOTION by Commissioner Wodtke, SECONDED
by Commissioner Bird, the Board unanimously
adopted Ordinance 84-41 rezoning the subject
property from C-lA, C-1 and M-1 to C-2.
15
JUL 18 1984 57 PAGuE 728
r -
JUL 18 1984
ORDINANCE NO. 84-41
Boa 57 PacE 729
WHEREAS, the Board of County Commissioners of Indian River
County, Florida, did publish and send its Notice of Intent to
rezone the hereinafter described property and pursuant thereto
held a public hearing in relation thereto, at which parties in
interest and citizens were heard; NOW, THEREFORE,
BE IT ORDAINED by the Board of County Commissioners of
Indian River County, Florida, that the Zoning Ordinance of
Indian River County, Florida, and the accompanying Zoning Map,
be amended as follows:
1. That the Zoning Map be changed in order that the
following described property situated in
Indian River County, Florida, to -wit:
DIXIE CONIlCIAL PARK SUBDIVISION AS RECORDED IN PIAT BOOK 11, -
PAGE 4 , INDIAN RIVER COUNTY, AND M.C.C. SUBDIVISION AS RECORDED
IN PLAT BOOK 11, PAGE 5, INDIAN RIVER COUNTY. (SAID LAND NOW LYING
AND BEING IN IRIDIAN RIVER COUNTY, FLORIDA.)
THAT PART OF THE NZ OF THE A OF THE NW4 OF THE SEZ OF SAID
SECTION 13 LYING EASTERLY OF THE OLD DIXIE HIGiWAY RIGRT-0E-'TAW
T ; THAT PART OF THE NZ OF THE NEha OF THE SWZ OF THE SE -4 OF SAID
SECTION 13 LYING EASTERLY OF THE OLD DIXIE HICHNAY RIGHT -0F -MY
T AND NORTHERLY OF THE SOUTH RELIEF CANAL RIGHT -0F -WAY LINE; AND
THE SZ OF THE SZ OF THE SZ OF THE NEZ OF SAID SECTION 13 LYING
EASTERLY OF THE OLD DIXIE HIG[3N1AY RIGHT -0F -WAY I AND WESTERLY
OF THE F.E.C. RAILROAD RIGHT -0F -WAY LINE; ALL IN SECTION 13,
TOWNSHIP 33S, RANGE 39E, PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA. (SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY,
FLORIDA.)
COMMENCING AT THE NE CORNER OF THE NW4 OF THE SEZ OF SECTION 13,
TOWNSHIP 33S, RANGE 39E, RUN WEST ON THE NORTH LINE OF SAID NWS
OF SE2 OF SECTION 13, A DISTANCE OF 340' TO THE POINT OF BEGINNING;
THENCE RUN SOUTH 104.5'; THENCE RUN WEST 140.0'; THENCE NORTH
104.5' TO THE NORTH T OF THE NWZ OF THE SEZ OF SECTION 13;
=CE RUN EAST ALONG SAID NORTH LINE TO THE POINT OF BEGINNING.
Be changed from C-lA, Restricted Commercial District, C-1,
Commercial District, and M-1, Restricted Industrial
District, to C-2, Heavy Commercial 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 18tl-day of July
1984.
16
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY: l
DON C. SCUITLOCK, J .
Chairman
Acknowledgment by the.Department of State of the State of
Florida this 26thday of July , 1984.
Effective Date: Acknowledgment from the Department of State
received on this 30thday of July , 1984, at 10 A.M./P.M. and
filed in the office of the Clerk of the Board of County
Commissioners of Indian River County, Florida.
REZONING - PROCTOR/HODGES/FRENCH TO C-2 - HOBART ROAD
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-Joumal, a daily newspaper pubiishec
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
In the matter
in the
Court, was pub -
lished in said newspaper in the issues of v v /r?/
fly
`r
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 NOTICE = PUBLIC HEARING ?
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- , Notice of hearing to consider the adoption of a County Ordinance rezoning land from C -1A,
ty, Florida, for a period of one year next preceding the first publication of the attached copy of "Restricted Commercial District" to C-2, "Heavy Commercial District." The subject property pre•
advertisement; and affiant further says that he has neither paid nor promised any person, firm jsently owned by DONALD PROCTOR, AUGUST D. HODGES and JOSEPHINE FRENCH is located
or corporation any discount, rebate, commission or refund for the purpose of securing this on the northwest Corner of U.S. #1 and Hobart Road.
advertisement for publication in the said newspaper.I The subject property is described as:
PARCEL "A" — COMMENCING AT THE SW CORNER OF TRACT 4, SECTION 34, TOWN -
Sworn to and subscribed befor e t y ok_ /y A.D. 19 "7 SHIP 31S, RANGE 39E AND BEING IN INDIAN RIVER COUNTY, FLORIDA, THENCE EAST-
ERLY ALONG SAID SOUTH LINE SECTION 34 A DISTANCE OF 332.45' TO POINT OF
_ BEGINNING; THENCE CONTINUE EASTERLY ALONG SAID SOUTH LINE OF SECTION 34
(Bu ss anager) A DISTANCE OF 340.10' TO THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #1;
TA
ALONG SAID WEST RIGHT-OF-WAY LINE A DISTANCE OF
n I 808.79'; THENCE WESTERLY AND PARALLEL TO SAID SOUTH LINE SECTION 34 A DIS -
(Clerk of the Ci w rt, i ounty, Florida) TANCE OF 219.48' THENCE SOUTHEASTERLY AND PARALLEL TO SAID WEST RIGHT -
(SEAL) OF -WAY LINE OF U.S. HIGHWAY #1 A DISTANCE OF 523.79'; THENCE SOUTHERLY AND
PARALLEL_ TO THE WEST LINE OF SECTION 34 A DISTANCE OF 259.73' BACK TO SAID
POINT OF BEGINNING. LESS AND EXCEPTING THE SOUTH 35' THEREFROM CONTAIN-
ING 3.806 ACRES MORE OR LESS.
TOGETHER WITH
PARCEL "B" — BEGINNING AT THE SW CORNER OF TRACT 4, SECTION 34, TOWNSHIP
31S RANGE 39E AND BEING IN INDIAN RIVER COUNTY, FLORIDA, AND BEING MORE
FUEVY DESCRIBED AS FOLLOWS:
RUN NORTHERLY ALONG SAID SECTION LINE 737.02'; THENCE EASTERLY AND PARAL-
LEL TO SOUTH LINE OF SECTION 34 A DISTANCE OF 110.76; THENCE SOUTHEASTERLY
AND PARALLEL TO THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #1 A DISTANCE
OF 523.79'; THENCE SOUTHERLY AND PARALLEL TO SAID WEST LINE OF SECTION 34 A
DISTANCE OF 259.73' TO THE SOUTH LINE OF SECTION 34; THENCE WESTERLY ALONG
SOUTH LINE OF SECTION 34 A DISTANCE OF 332.45' BACK TO SAID POINT OF BEGIN-
NING. LESS AND EXCEPTING THE SOUTH 35' OF THE WEST 207.45' AND THE SOUTH
160' OF THE EAST 125' THEREFROM. CONTAINING 3.784 ACRES MORE OR LESS.
A public hearing at which parties in interest and citizens shall have an opportunity to be heard,
will be held by the Board of County Commissioners of Indian River County Florida, in the County
Commission Chambers of the County Administration Building, located at 1840 25th Street, Vero
Beach, Florida, on Wednesday, July 18, 1984, at 9:45 a.m.
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 purposes, he/she may need to ensure that a verbatim
record of the proceedings is made, which includes testimony and evidence upon which the appeal
is based.
Indian River County
Board of County Commissioners
By: -s -Don C. Scurlock Jr.
Chairman
June 27, July 10. 12. 1984.
17
JUL 18 1984
BOOK 57 FACE 730
FF__
JUL 18 1984
POCK 57 tt cE 731
Chief Planner Shearer reviewed staff recommendation, as
follows:
TO: The Honorable Members DATE: July 6, 1984 FILE:
of the Board of
County Commissioners PROCTOR/HODGES/FRENCH
REQUEST TO REZONE 7.59
DIVISION HEAD CONCURRENCE: ACRES FROM C-lA TO C-2
4g2d,,J ;;w. SUBJECT:
Robert M. Keat $i 7,-16tp
Planning & Development Director
FROM' Richard Shearer, AICP REFERENCES: PHF Rezoning
Chief, Long -Range Planni RICH2
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their -
regular meeting of July 18, 1984.
DESCRIPTION & CONDITIONS
Donald Proctor and August Hodges, part owners and agent for the
other owner, Josephine French, originally requested to rezone
3.81 acres from C-lA, Restricted Commercial District, to C-1,
Commercial District, and to rezone 3.78 acres from C-lA to M-1,
Restricted Industrial District. The subject property is
located at the northwest corner of U.S. #1 and Hobart Road.
The applicants intend to develop the subject property for
trades buildings and warehouses.
At the Planning and Zoning Commission meeting on June 14, 1984,
the applicants amended their application to request that all of
their property be rezoned to C-2, Heavy Commercial District.
The Planning and Zoning Commission voted 4 -to -0 to recommend
approval of the amended request.
ALTERNATIVES & ANALYSIS
In this section, an analysis of the reasonableness of the
application will be presented. The analysis will include a
description of the current and future land uses of the site and
surrounding areas, potential impacts on the transportation and
utility systems, and any significant adverse impacts on
environmental quality.
Existing Land Use Pattern
The subject property currently contains the Proctor Plaza
building, a single-family residence, and vacant land. The
subject property surrounds a small tract of land on three sides
which contains a single-family residence. North of the subject
property is a citrus grove zoned C-lA and a mobile home park
zoned R-1MP, Mobile Home Park District. East of the subject
property, across U.S.#1 is vacant property zoned C-lA and R -2D,
Multiple -Family District (up to 6 units/acre). Further east is
18
Hobart Landing, a single-family subdivision zoned R-1,
Single -Family District (up to 6.2 units/acre). South of the
subject property, across Hobart Road, is undeveloped land zoned
C-lA. West of the subject property is a citrus grove. Further
west, across Old Dixie Highway and the F.E.C. railroad, is a
fruit packing house, the Hobart Welders facility, and three
single-family residences in an M-1 zoning district.
Future Land Use Pattern
The Comprehensive Plan designates a 50 acre commercial/ -
industrial node at the intersection of Hobart Road and U.S.#1.
The subject property could be considered within the node or in
the U.S.#1 Mixed Use Corridor which includes the land from
U.S.#1 westward to a line 300 feet west of and parallel to the
F.E.C. railroad right-of-way. The land on the east side of
U.S.#1 and north of Hobart Road is designated as LD -2, Low -
Density Residential 2 (up to 6 units/acre) although some of it
could be included in the node. The land on the east side of
U.S.#1 and south of Hobart Road is designated as LD -1, Low -
Density Residential 1 (up to 3 units/acre), but some of the
land with frontage on U.S.#1 has been included in the node.
The land west of the line 300 feet west of the F.E.C. railroad
is designated as LD -2.
Prior to submitting this rezoning application, agents for the
property owners discussed this request with the Planning
Department several times. Various alternatives to the requested
C-1 and M-1 zoning of the subject property were discussed
including rezoning all of the property to C-2, Heavy Commercial
District, or rezoning part of the property to C-1 and part to
C-2. The Planning Department felt that the C-2 district would
allow the applicants to develop their property for trades
buildings and warehouses. However, agents for the property
owners pointed out that the required yards in the C-2 district
are significantly larger than those required in the C-1 and M-1
districts. For this reason, the agents felt that they would
have greater flexibility with the proposed C-1 and M-1 zoning
configuration.
The proposed rezoning is consistent with the Comprehensive Plan
and the general zoning pattern of the area. Because the land
east of the subject property is zoned C-lA and the land west of
the F.E.C. railroad is zoned M-1, rezoning the subject property
to C-2 would result in a good zoning pattern for this area.
Transportation System
The subject property has direct access to U.S.#1 (classified as
an arterial street on the Thoroughfare Plan) and Hobart Road
(classified as a secondary collector street). The traffic
generated as a result of this rezoning should be less than if
the subject property remained zoned C-lA and developed in
retail uses.
Environment
The subject property is not designated as environmentally
sensitive nor is it in a flood -prone area.
Utilities
County water and wastewater facilities are not available for
the subject property.
RECOMMENDATION
Based on the above analysis, including the Planning and Zoning
Commission's recommendation, staff recommends that all of the
subject property be rezoned to C-2, Heavy Commercial District.
19
JUL 18 1984 Boox 57 PA'E 732
JUL 18 1984 Boaz 57 FaCF 7033
Chief Planner Shearer reported that prior to this
application being submitted, Planning & Zoning met with the
owners to try to come up with a reasonable zoning scheme for
this property that would be in everyone's best interests and
they looked at several alternatives. The applicant had
requested that the property on U.S.I be C-1, and the
property in the rear be M-1; however, at the Planning &
Zoning Commission hearing some potential problems came up,
and they agreed to amend their request for all the property
to be C-2, which the Planning & Zoning Commission approved.
Commissioner Bird inquired about the uses the applicant
has in mind as he believed some concern has been expressed
about the development along U.S.1
Dale Sorensen came before the Board representing the
owners and stated that his company will be joint venturing
with Proctor/Hodges. He explained their reason for going to
C-2 for the entire parcel is because of setbacks. Actually,
what they are planning for the front part along U.S.1 will
be almost exactly the same as what is there now in the
Proctor Plaza and will be in keeping with what is already in
the area. To the rear off U.S.I, they will do the warehouse
type thing.
Discussion ensued re setbacks and permitted uses in C-2
which might be considered more industrial than the uses in
C-lA.
Planning Manager Keating stated that used car lots are
allowed in both C-1 and C-2, but usually there are the
heavier type of uses, i.e., warehouses and mini warehouses.
Commissioner Wodtke pointed out that there are a lot of
differences between C-2 and M-1.
Commissioner Bird asked if under C-2 someone, such as a
carpenter or electrician, for instance can renovate a
warehouse and use it for their place of business, and
Planning Director Keating noted that in order to do that,
+4%
they would have to come in with a site plan and staff would
have to review it.
Commissioner Wodtke reported that he received a call
from Mr. Ryall who had a strong objection to M-1, but he
believed that he did not have an objection to what Proctor
has there now.
Mr. Sorensen noted that the original application was
for dual zoning with some M-1, but actually what they are
planning fits into C-2; it is not heavy manufacturing. He
emphasized that a fair amount of acreage is involved, and
they are being careful in their planning as they do not want
one portion of their property to detract from their overall
development.
Commissioner Bowman commented on the odd shape of the
property and wished to know if it comes out to a point on
the north end.
Mr. Sorensen explained that the original piece that was
owned by Proctor did come to a point. The reason Mrs.
French is a co -applicant is that they have a contract to
purchase her property to square this off.
ON MOTION by Commissioner Bird, SECONDED
by Commissioner Wodtke, the Board unanimously
(4-0) closed the public hearing.
ON MOTION BY Commissioner Bird, SECONDED
by Commissioner Wodtke, the Board unanimously
(4-0) adopted Ordinance 84-42 rezoning the
subject 7.59 acres to C-2.
21
,AUL 18 1984 enu 57 FACE 7x34
I
JUL 18 1984
BooK 57 mu -p73
ORDINANCE NO. 8 4 - 4 2
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, THEEU�F'ORE,
BE IT ORDAINED by the Board of County Commissioners of
Indian River County, Florida, that the Zoning Ordinance of
Indian River County, Florida, and the accompanying Zoning Map,
be amended as follows:
1. That the Zoning Map be changed in order that the
following described properties situated in
Indian River County, Florida, to -wit:
PARCEL "A" - COM ENCING AT THE SW CORNER OF TRACT 4, SECTION 34,
TOWNSHIP 31S, RANGE 39E AMID BEING IN INDIAN P1VER COUNTY, FLORIDA,
THENCE EASTERLY ALONG SAID SOUTH LINE SECTION 34 A DISTANCE OF
332.45' TO POINT OF BEGINNING; THENCE CONTINUE EASTERLY ALONG SAID
SOUTH T. OF SECTION 34 A DISTANCE OF 340.10' TO THE WEST RIGHT-
OF-WAY LINE OF U.S. HIGHWAY #1; THENCE NORTHWESTERLY ALONG SAID
WEST RIGHT -CF -MY LINE A DISTANCE OF 808.79'; THENCE WESTERLY AND
PARALLEL TO SAID SOUTH LINE SECTION 34 A DISTANCE OF 219.481;
THENCE SOUTHEASTERLY AND PARALLEL TO SAID WEST RIGHT -OF --WAY LINE
OF U.S. HIGHWAY #1 A DISTANCE OF 523.791; THENCE SOUTHERLY AMID
PARALLEL TO THE WEST LIMA OF SECTION 34 A DISTANCE OF 259.73'
BACK TO SAID POINT OF BEGINNING. LESS AND EXCEPTING THE SOUTH 35'
THEREFROM CONTAINING 3.806 ACRES MORE OR LESS.
PARCEL "B" - BEGINNING AT THE SW CORNER OF TRACT 4, SECTION 34,
TOWNSHIP 31S, RANGE 39E AND BEING IN INDIAN RIVER COUNTY, FLORIDA,
AND BEING MORE FULLY DESCRIBED AS FOLLOWS:
RUN NORTHERLY ALONG SAID SECTION LINE 737.02'; THENCE EASTERLY AND
PARALLEL TO SOUTH LINE OF SECTION 34 A DISTANCE OF 110.76; THENCE
SOUTHEASTERLY AND PARALLEL. TO THE WEST RIGHT -OF --WAY LINE OF U.S.
HIGHMY #1 A DISTANCE OF 523.79'; THENCE SOUTHERLY AND PARALLEL LEL TO
SAID WEST LINE OF SECTION 34 A DISTANCE OF 259.73' TO THE SOUTH
T,IlNE OF SECTION 34; THENCE WESTERLY ALONG SOUTH LINE OF SECTION 34
A DISTANCE OF 332.45' BACK TO SAID POINT OF BEGINNING. LESS AND
EXCEPTING THE SOUTH 35' OF THE WEST 207.45' AND THE SOUTH 160' OF
THE EAST 125' THEREFROM. CONTAINING 3.784 ACRES MORE OR LESS.
Be changed from C-lA, Restricted Commercial District, to C-2,
Heavy Commercial 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 18 day of Ju 1 y
1984.
22
a ffi�Meili • IDI•
BY: -
DON C. SCURIACK, JR.
Chairman
Acknowledgment by the Department of State of the State of
Florida this 2 6 day of July , 1984.
Effective Date: Acknowledgment from the Department of State
received on this 30 day of July , 1984, at 10 A.M./P.M. and
filed in the office of the Clerk of the Board of -County
Commissioners of Indian River County, Florida.
WIDENING OF 8TH STREET RAILROAD CROSSING
Public Works Director Davis reviewed the following memo:
TO: DATE: July 3, 1984 FILE:
The Honorable Members of
the Board of County Commissioners
THROUGH: Michael Wright,
County Administrator
FROM: James W. Davis, P.E
Public Works Director
DESCRIPTION AND CONDITIONS
SUBJECT: Widening of .8th Street Railroad
czQ6 4ag - FEC Agreement and
Resolution,Authorizing Execution
REFERENCES: R.W. Fondren, FEC to
Michelle Terry dated 6-26-84
The Indian River County Road Improvement Program (5 year plan)
included $120,000 for the 8th Street construction between U.S.
1 and 6th Avenue. The following is a breakdown of costs applicable
to the project, to this date:
Project Budget $120,000
Relocate City Pole -41,000
Limerock base -18,000
Culverts & Structures - 5,000
Asphalt -18,000
Subtotal- Balance uncommitted $38,000
Signalization costs of the U.S. 1/8th Street intersection
and improvements to the western approach is estimated to cost
$ 5,517.
The County staff has designed an extension of an eastbound
left turn lane at the west approach of the 8th Street/US 1
intersection. Application was made to the FEC to widen the
Railroad crossing to 3 lanes to accomodate this lane. The FEC
has estimated this cost to be $27,743. 1
ALTERNATIVES AND ANALYSIS
To provide for left turn signal phasing at the U.S. 1/8th
Street intersection, a proper left turn lane extending west of
the railroad is required. The other alternatives would be to
construct a shorter substandard left turn lane that would store
a maximum of four vehicles. At the present time, vehicles are
using the roadway shoulder for right turns.
23
JUL 18 1984 a�oK 5°7 PAGE `7-36
I
JUL 1 R 1984 BOOK 57 Fa, -,737
RECOMMENDATIONS AND FUNDING
It is recommended that the Board approve the FEC Agreement.
Funding to be from Account No. 306-214-541-33.49(8th Street
Proejct account). Balance as of July 3, 1984 is 29,200.and
Account No. 306-214-541-33.19 balance $20,000.
Director Davis felt this is a conservative budget and
stated that he would like to have this extension in order to
provide the proper additional lane so once we signalize the
intersection, we can phase it to match up with east of
U.S.I.
Commissioner Wodtke noted that the backup material
indicates that we have made application to the FEC to widen
the crossing, and he wished to know if the Board approved
that application.
Director Davis explained that it was part of the
project which the Commission approved. He confirmed that
the staff sent the application in, but did not approve
anything; they just wanted the figures.
Commissioner Bird asked how strongly Director Davis
felt about this extension of the crossing. Mr. Davis
believed that once this is signalized, traffic will pick up
very quickly, and Chairman Scurlock felt that is no question
about the need for the extension.
Considerable discussion ensued re the third lane
between the railroad track and U.S.I, the need for storage,
the increased traffic, etc. Mr. Davis stated that about
four vehicles could stack up, but you have to allow room for
the transition.
Commissioner Wodtke wished it confirmed that the
$120,000 project budget will be sufficient to cover the cost
for extension of the railroad crossing, and Mr. Davis stated
that it will be.
Commissioner Bird asked whether our long range plans
might include the four laning of 8th Street, and Mr. Davis
stated that when you look at the whole picture, he did
24
believe 4th Street and 12th Street should be four laned, but
felt that three lanes are adequate for 8th Street.
Discussion followed regarding the various railroad
crossings, signalization, etc., and Public Works Director
Davis stated that we will not have a full 8 -phase control at
the 8th Street/U.S.I intersection at this time, but we will
have the ability to modify it easily. He did feel a left
turn light will be warranted in the future, but noted that
the DOT will not allow us to do the phasing without a study
being done first.
ON MOTION by Commissioner Bird, SECONDED
by Commissioner Bowman, the Board unanimously
(4-0) approved the Agreement with the FEC
Railway Co. re the 8th Street crossing, as
recommended by staff, and adopted Resolu-
tion 84-49 authorizing the execution of same.
r,
Said Resolution and Agreement will be made a part of
the Minutes when fully executed and received.
ORDINANCE - RE BILLING SEWER -ONLY CUSTOMERS
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:
25
JUL 18 1984 BOOK 57 HGE 738
JUL 18 1984
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
e -ten,
in the
4,
lished in said newspaper in the issues of &7.
611,
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
(SEAL)
(Clerk of the Cirbuit-176-Urt, TnTfan RiW—rXounty, Florida)
BOOK 57 FADE 7039
PUBLIC NOTICE
The Board of County Commissioners of Indian
liver County, Florida, will conduct a Public
searing on July 18, 1984, at 1o:00 a.mm. in the
;ommission Chambers at the County Adminis-
ration Building, 1840 25th Street. Vero Beach,
lorida, to consider the adoption, of the ordi-
tance entitled:
AN ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA; AMENDING
ORDINANCE NUMBER 84-18 PROVID-
ING FOR A METHOD OF BILLING CUS-
TOMERS WHO ARE ON THE COUNTY
SEWER SYSTEM WHICH DO NOT RE-
CEIVE WATER SERVICE; PROVIDING
FOR PENALTIES REPEAL OF CON-
FLICTING PROVISIONS IN CORPORA-
TION AND CODE SEVERBIUTY AND EF-
FECTIVE 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 ori
which the appeal is based. ;
Indian River County
Board of County Commissioners
Don C. Scurlock Jr., Chairman
Lne 29. 1984
JUL 1984
ftlal CWftVMiWft
Utilities Director Pinto reported that we have run into
a fairly simple problem within the Utilities Department.
When someone is disconnected from the water service and
makes other arrangements for a water supply, they continue
to use the wastewater supply. It has even happened after
disconnecting a customer, that he dug back down and
connected again. There is action that can be taken for
tampering with a utility connection, but we have no way to
charge for wastewater without a water connection. There-
fore, staff is asking for a simple amendment to the ordi-
nance to allow the Utilities Department to charge for
wastewater only at the maximum sewer charge. This charge
would be in the range of $37 monthly.
26
0
Commissioner Wodtke agreed that the people need to pay,
but wondered if this will encourage other people to get off
the water system. Administrator Wright felt it would
discourage them.
Utilities Director Pinto pointed out that this would
provide the ability, if there were some special circum-
stances where wastewater was available and water was not,
that, with approval, they can have wastewater service only;
the present Ordinance would not allow it.
The Chairman asked if anyone present wished to be
heard.
ON MOTION by Commissioner Wodtke, SECONDED
by Commissioner Bird, the Board unanimously
(4-0) closed the public hearing.
ON MOTION by Commissioner Bird, SECONDED
by Commissioner Wodtke, the Board unanimously
(4-0) adopted Ordinance 84-43 providing a
method of billing customers who are on sewer -
only service.
JUL 18 1984
27
mu 57 PAGE 740
JUL 18-1984 BOOK 57 F,;E741
INDIAN RIVER COUNTY ORDINANCE NO. 84- 43
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, AMENDING ORDINANCE
NUMBER 84-18 PROVIDING FOR A METHOD OF BILLING
CUSTOMERS WHO ARE ON THE COUNTY SEWER SYSTEM WHICH
DO NOT RECEIVE WATER SERVICE, PROVIDING FOR PENALTIES,
REPEAL OF CONFLICTING PROVISIONS, INCORPORATION AND
CODE, SEVERABILITY AND EFFECTIVE DATE.
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT:
SECTION 1.
Indian River County Ordinance No. 84-18, Section 7
rates and charges, Paragraph C. is hereby amended to add the
following language;
Residential customers who only receive sewer service
from Indian River County shall be charged the maximum sewer charge
(i.e. 12,000 gallons) for each E.R.U.
SECTION 2-
.r JrJO&I I .1187
Any person, firm or corporation or anyone acting in
behalf thereof who shall violate or fail to comply with any of the
provisions of this article shall, upon conviction, be punished by
a fine not to exceed five hundred dollars ($500.00). The Board of
County Commissioners may enforce the provisions of this article
by seeking injunctive relief or any other remedies provided by
law.
SECTION 3.
REPEAL OF CONFLICTING PROVISIONS
All previous ordinances, resolutions, or motions of the
Board of County Commissioners of Indian River County, Florida
which conflict with the provisions of this ordinance are hereby
repealed to the extent of such conflict. All Special Acts of the
legislature applying only to the unincorporated portion of Indian
River County and which conflict with the provisions of this
ordinance are hereby repealed to the extent of such conflict.
SECTION 4.
INCORPORATION AND CODE
The provisions of this ordinance shall be incorporated
into the County Code and word "ordinance" may be changed to
28
"section", "article", or other appropriate word, and the sections
of this ordinance may be renumbered or relettered to accomplish
such intentions.
SECTION 5.
SEVERABILITY
If any section, or part of a sentence, paragraph, phrase
or word of this ordinance is for any reason held to be
unconstitutional, 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 unconstitutional, invalid or inoperative part.
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, or August 1st 1984, whichever is the
later date.
Approved and adopted by the Board of County
Commissioners of Indian River County, Florida on this 18th day of
July , 1984.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY,
FLORIDA
BY 1 " C
DON C. SCURLOCX, JR.
Chairman
Acknowledgment by the Department of State of the State of Florida
this 26th day of July , 1984.
Effective Date: Acknowledgment from the Department of State
received on this 30th day of July , 1984, at 10:00
A.M./P.M. and filed in the Office of the Clerk of the Board of
County Commissioners of Indian River County, Florida.
APPROVED ASCO FORM AND
LEGAL 7SUICIENE .
By
Gu M. DENBUR
ty Attorney
29
JUL 18 1984 .100K U! I FA u'E 742
JUL
18
1984
BOOK '57 F{.CE
743
REJECTION OF BIDS - ROUND ISLAND PARK BOAT RAMP,
ETC.
The Board reviewed memo of the Public Works Director,
as follows:
TO: The Honorable Members of DATE: July 12, 1984 FILE:
the Board of County Commissioners
THROUGH: Michael Wright,
County Administrator
SUBJECT: Round Island County Park Boat
Ramp, Docks and Daybeacons
N
FROM: James W. Davis, P.. ; REFERENCES:
Public Works Directo�
DESCRIPT ND CONDITIONS
"Advertisement for Bids" was published at Vero Beach on May
14, through June 11, 1984 for subject project.
Bids from four (4) bidders were opened -on June 11, 1984 and
were found to be much higher than the initial estimated cost
of $.17;000 for the project.
Mr. Robert Mutch, President of Mid -Atlantic Dredging Inc.,
who was a low bidder contacted us and suggested various methods
by which the cost of the project could be reduced. After meeting
with Mr. Mutch on three separate occasions and agreeing on a
concept that was agreeable to us and to Tommy Thomas., Gary
Brandenburg, County Attorney, was contacted for his opinion on
this matter. Mr. Brandenburg reviewed the bids and because two
low bidders were within $122, he recommended that the bids be -
rejected.
RECOMMENDATIONS
After consideration of Mr. Brandenburg's--opinion;, the following
is recommended
1) that the Board of County Commissioner authorize rejection
of all bids due to being exceedingly higher than the
original estimate.
2) that the Public Works Division be authorized to rebid the
project after modifying the plans.
Note: The original estimate of $17,000 was over a year old.
It appears that the actual cost of the project will be
in the range of $26,000.
This information will be presented to the Recreation
Committee for authorization to expend the present
estimated cost.
30
ON MOTION by Commissioner Wodtke, SECONDED
by Commissioner Bird, the Board unanimously
(4-0) authorized rejection of all bids on the
Round Island County Park Boat Ramp, Docks and
Daybeacons, as being exceedingly higher than
the original estimate and authorized Public
Works to rebid same after modification of the
plans, as recommended by staff.
DISCUSSION RE FOURTH STREET
Commissioner Wodtke noted that on the new 4th Street
intersection at Old Dixie, there is a curve in the road
there and there is also a big tree. When you pull up and
turn left, visibility is really bad. Also at the inter-
section of 4th Street and U.S.I, there are some trees and
foliage on the southwest corner that block the view. He
wished to know if there is any way we can get a deceleration
lane on U.S.I coming south rather than having to stop to
make that turn.
Public Works Director Davis reported that was included
in our application to the DOT, but we requested it be
delayed until Kimley Horne designs that whole intersection
so that we can do it along with the Boulevard project. We
do have a permit for the deceleration lane now, but would
rather wait until we see how the whole project looks. As
far as the foliage is concerned, that is in the DOT right-
of-way, and we are working to have it removed. The tree at
Old Dixie and 4th Street needs to come down, and Director
Davis stated that he would like to be authorized to take it
down, even though he hates to. He was not sure whether it
is in county right-of-way or not, but he assured the Board
that he will look into this whole situation.
31
JUL 18 1984 57 FADE !44
JUL 18 1994 BooK 57 �-nUE745,
DISCUSSION - KINGS HIGHWAY SOUTH OF SR 60
Commissioner Bird informed the Board that there is
considerable erosion on Kings Highway between 12th and 8th
Streets where the main drainage canal is getting closer and
closer to the pavement, and he wondered if this is eroding
on our right-of-way and whose responsibility it is to
replace this.
Director Davis believed that our road right-of-way was
taken from the Drainage District right-of-way, and he
believed we should work with the Drainage District in this
regard and come to some solution among ourselves.
Chairman Scurlock concurred that we undoubtedly will
have a significant problem on Kings Highway sometime, and
Commissioner Wodtke agreed. He felt that the erosion is
going to get to the point where we will need a guard rail.
Administrator Wright assured the Board that staff will
try to work something out.
Commissioner Wodtke noted that between 12th and 8th
Streets on Kings Highway, there is a crack in the road, and
he believed the road base is unstable.
Discussion ensued re possible ways to stabilize the
road, i.e., with road mesh, etc., and Public Works Director
Davis felt the problem is that the Drainage District manages
the water level in their canals and the up and down action
on the poor soils in that area causes the problem.
It was agreed that we need to contact the Drainage
District and see about some long range plans for this area.
RIGHT-OF-WAY ABANDONMENT - PORTION OF 40TH AVENUE
The hour of 10:30 o'clock A.M. having passed, the
Deputy Clerk read the following Notice with Proof of
Publication attached, to -wit:
32
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
`" " NOTICE OF PUBLIC HEARING
NOTICE OF HEARING TO CONSIDER A PETI-
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
TION FOR THE CLOSING, ABANDONMENT AND
sa s that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
Y
VACATION OF THAT PORTION OF 40TH AVE -
NUE LYING SOUTH OF THE SOUTH RIGHT -OF -
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
WAY LINE OF 14TH STREET AND EXTENDING
80 FEET TO THE SOUTH.
A citizen hearing at which parties in interest
and citizens shall have an opportunity to be
a
heard, will be held by the Board of County Com-
y
missioners of Indian River County, Florida, in the
�{�e�
L/ J/ �:
County Commission Chambers of the County
Building, located 1840 25th
in the matter of
Administration at
Street, Vero Beach, Florida, on Wednesday,.July
18, 1984, at 10:30 A.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 purposes, he
may need to ensure that a verbatim record of the
in the Court, was pub-
proceedings is made, which includes testimony
and evidence upon which the appeal is based.
Indian River County
���-x 1�
Board of County Commissioners
lished in said newspaper in the issues of V ;-
By: -s- Don C. Scurlock, Jr., Chairman
June 30, 1984.
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 subscri)aed bAre rn^isf L� day of �CA.D. 19 _L
(SEAL)
(Clerk of the Circuit Court, Indian River
Assistant County Attorney Chris Paull sat in for County
Attorney Brandenburg, who is a resident of the area under
discussion.
Planner Karen Craver reviewed staff memo and recommen-
dation of approval, as follows:
JUL 18 1984
L
33
�oox 57 PAGE746 46
F,
JUL 18 1984
BOOK 5 7 ; mu,E 74 7
TO: The Honorable Members DATE: July 9, 1984 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE: 40TH AVENUE RIGHT-OF-WAY
ABANDONMENT
.�o SUBJECT:
Robert M. Keat ng, #TCP
Planning & Development Director
THROUGH: Mary Jane V. Goetzfried
Chief, Current Development Section
FROM: Karen M. Craver -i C REFERENCES: 40th Ave.
Staff Planner DIS:KAREN
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of July 18, 1984.
DESCRIPTION AND CONDITIONS:
On June 6, 1984, the Board of County Commissioners granted
conceptual approval of the abandonment of a portion of 40th
Avenue lying south of 14th Street. The abandonment petition
was submitted in conjunction with a request to construct a
cul-de-sac on 40th Avenue, south of 14th Street, within
Phyl-Ann Terrace Subdivision. The cul-de-sac was approved, and
through the development of construction drawings, a legal
description of the right-of-way to be abandoned was estab-
lished. At this time it is necessary that a formal public
hearing be held regarding the abandonment of 60 feet of 40th
Avenue right-of-way, lying immediately south of 14th Street.
ANALYSIS:
In accordance with the administrative guidelines approved by
the Board of County Commissioners for the processing of
right-of-way abandonment applications, the request was reviewed
by all County divisions and utility providers having jurisdic-
tion within the roadway. The abandonment was approved by all
parties contacted and easements will be retained for all
existing sewer and water lines.
RECOMMENDATION:
Staff recommends that the County Commission grant formal
approval of the petition to abandon that portion of 40th Avenue
beginning at the south right-of-way line of 14th Street and
extending 60 feet to the south.
The Chairman asked if anyone present wished to be
heard.
Attorney Brandenburg, speaking in behalf of residents
on the subject portion of 40th Avenue, stated that they
appreciate the Board's action in pursuing this matter and
they would appreciate a positive vote on the proposed
abandonment.
34
C_ I
ON MOTION by COmmissioner Bird, SECONDED
by Commissioner Bowman, the Board unanimously
(4-0) closed the public hearing.
Assistant County Attorney Paull informed the Board that
there are some existing utility lines, and he wished to be
sure that any Motion that Board made would include excepting
and reserving an easement for those existing utilities.
ON MOTION by Commissioner Bird, SECONDED
by Commissioner Bowman, the Board unanimously
(4-0) adopted Resolution 84-50 abandoning that
portion of 40th Avenue beginning at the south
right-of-way line of 14th Street and extending
60 feet to the south, with the provision that
an easement for the existing utilities would be
excepted and reserved.
JUL 18 1994
35
BOOK 57 PAPF 748
J
I
JUL 18 1984
RESOLUTION 84-50
Boas 57 ma 749
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS_ OF INDIAN RIVER
COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT AND
VACATION OF THAT'PORTION OF 40TH AVENUE BEGINNING AT THE SOUTH
RIGHT-OF-WAY LINE OF 14TH STREET AND EXTENDING 60 FEET TO THE
SOUTH, AND RESERVING UNTO THE COUNTY A 10 FOOT WIDE EASEMENT
FOR UTILITY PURPOSES.
WHEREAS, on June 6, 1984, the County received a duly
executed and documented petition from the residents of 40th
Avenue between 12th Street and 14th Street, Vero *Beach,
Florida, requesting the County to close, vacate, abandon, and
disclaim any right, title, and interest of the County and the.
public in and to that portion of 40th Avenue beginning at the
south right-of-way line of -14th Street and extending 60 feet to
the south. :
WHEREAS, in accordance with Florida Statutes S
336.10, notice of a public hearing to consider said petition
has been duly published; and
WHEREAS, after consideration of the petition, sup-
porting documents, staff investigation and report, and testimo-
ny of all those interested and present, the Board finds that
said right-of-way is not a state or federal highway, nor
located within any municipality, nor is said right-of-way
necessary for continuity of the County's street and thorough-
fare network, nor access to any given :private propertyp with
the sole exception that said right-of-way is deemed necessary
for utility purposes as reserved below. -
NOW, THEREFORE, BE IT RESOLVED BY THE -BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:
1. All right, title; and interest of the County and
the public in and to that certain right-of-way being more
particularly described as:
That portion of 40th Avenue beginning at the south
right-of-way line of 14th Street and extending 60
feet to the south,
is hereby forever closed, abandoned, vacated, surrendered,
discontinued, remised, and released excepting an easement for
ingress, egress and maintenance - of existing utilities, being 5
feet on either side of the centerline of the 40th Avenue
right-of-way.
2. Notice of the adoption of this resolution shall
be forthwith published once within thirty (30). days from the
date of adoption hereof; and
3. The Clerk is hereby directed to record this
resolution together with the proofs of publication required by
Florida Statutes,§336.10 in the Official Record.Books of Indian
River County without undue delay.
Bird
The foregoing resolution was offered by Commissioner
who moved its adoption.
The motion was
seconded by Commissioner
Bowman
put to a vote, the vote was as follows:
Chairman Don C. Scurlock, Jr.
Vice -Chairman Patrick B. Lyons -
Commissioner Richard N. Bird
Commissioner William C. Wodtke, Jr.
Commissioner Maggy Bowman .
and, upon being
Aye
Absent
Aye
Aye
Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 18th day of I July , 1984.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
'1
BY: % C
DON C. SCURLO K, JR., airman
Attest:
FREDA WRIGHT, 'lerk
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
I HEREBY. CERTIFY that on this day, before me, an
officer duly authorized in this State and . County •to take
acknowledgments, personally appeared DON C. SCURLOCK, JR. and
FREDA WRIGHT, as Chairman of the Board of County Commissioners
and Clerk, respectively, to me known to be the persons de-
scribed in and who executed the foregoing instrument and they
acknowledged before me that they executed the same.
WITNESS my hand and official seal - in the County and
State last aforesaid this Zs3v4 day of. A* D.
No ry Oblic
NOTARY PUBLIC SiATP Of `FLORID
APPROVED A FORM AND LEGAL- BONDED THRU GENERAL INSURANCE LIND t
SUFFICIEN MY COMMISSION EXPIRES JULY 8 1986
BY:
Attorney
37
BOOK L i PAGE750
JUL 18 1994 BOOK 5 7 FACE 751
Attorney Brandenburg, speaking as a resident of the
area, informed the Board that this is such a small job that
it seems the majority of the cost of getting a contractor to
do this work results from his cost in having to mobilize his
forces to do it. The Attorney continued that Dickerson
presently is doing the subdivision right next door, Laurel
Court, and they would like to negotiate a price with him
while he has his forces available and mobilized. Attorney
Brandenburg further noted that the Commission has a blanket
asphalt contract with Dickerson, and he felt the asphalt
could be handled by issuing an order under that to do the
asphalt work; the curbing and grading could be done as a
separate matter.
Attorney Brandenburg continued to stress that this
project is so small that it is not susceptible to being
placed out for bid. In addition, to place it out for bid,
it would have to be engineered in-house with the engineering
department preparing specs, etc., and the time that is
required for the engineers to do this and draw plans would
be almost half the cost of the project. He reported that
what they have done instead is just drawn the cul de sac out
there where it is supposed to go and at what elevation and
had three contractors come out and give them bids. Attorney
Brandenburg noted that from the background, it is obvious
that the County and the ,residents along the street will get
a worse deal by going through the normal County bidding
procedure. The Florida Statutes do not require a county to
go through the bidding procedure, and our own bidding rules
have a provision that it is not necessary if there is a
situation where it is obvious the bid is not going to work.
Attorney Brandenburg, therefore, requested the Board's
permission to follow the procedure he suggested.
Commissioner Wodtke stated that he had thought we were
abandoning the road and then proceeding under our petition
r
paving program, and that we would have to have a public
hearing to set the assessment.
Attorney Brandenburg confirmed that the entire cost of
the program will be assessed back to the residents, and
there will be a public hearing. The question is whether or
not to wait 9 or 10 months or more to have the County forces
do this as a regular job, which would end up costing more as
opposed to having a contractor who is on the site come
around the corner and do it right away. The residents would
like to have this done as soon as possible. They are not
asking that the public hearing re assessment be waived.
Discussion continued re the Attorney's suggestion and
Commissioner Wodtke noted that actually with the amount of
projects Public Works has on-going, it might be good to
consider in the Petition Paving Program that we have an
option available such as this where we do have standard
agreements with certain suppliers.
Administrator Wright confirmed that staff has been
discussing this because our petition paving program is
stacked up for about nine months right now.
Commissioner Bowman raised a question re the alignment
of the road and Attorney Brandenburg assured her that the
County Engineering survey staff aligned it.
ON MOTION by Commissioner Bird, SECONDED
by Commissioner Wodtke, the Board unanimously
(4-0) authorized Attorney Brandenburg to follow
the procedure as outlined above.
DISCUSS MODIFICATION OF ORDINANCE RE CONSUMPTION OF
ALCOHOLIC BEVERAGES
Blair Smith came before the Board to discuss the
problem raised in his letter, as follows:
39
JUL 18 1984 Boor. 57 PnI F. 752
I
Indian River County Commission
Attn: Dick Bird
County Administration Bldg.
1840 25th Street
Vero Beach, FL 32960
-I
BOOK 57 RUGS E753
Sandwich Box
Blair Smith, Authorized ager
3250 45th Street
Gifford, FL 32960
June 21, 1984
RE: Request that a consumption on premises license
be granted to Sandwich Box 3250 45th St. Gifford, FL 32960
See >License ...... Ola Mae Smith # 41 - 00342 (1984)
Dear County Commissioners:
As an authorized representative for the business in question,
I respectfully submit a written request whereby my company desires_
a consumption on premises alcoholic beverage license to be granted
at our 3250 45th Street, Gifford, Florida location.
My company Sandwich Box (The) is aware of the basic zoning
requirements in this area, however, please be on notice that it
is unusually difficult to comply with, said zoning based on the
fact that churches in Gifford are quite numerous if consideration
should be given to area population. Please be advised that my
company has recently secured approval on a loan for remodeling,
thereby converting Sandwich Box (The) into a local (New) Lounge.
Should this honorable commission not grant the truly needed con-
sumption on premises license, such action would place an unusually
harsh burden on my company which also owns other commercial property
in Indian River County which can be developed into profitable bus-
inesses.
-As a result of preliminary investigation I have observed that
almost never have consumption on premises licenses been granted to
local area businesses for reason that are unclear, especially
when noticing the need for new entertainment in Gifford.
Yours for new progress,
1
y c _.5" -
Blair Smith, Authorized Agei
ISandwich Box
Mr. Smith informed the Board that there are so many of
these type licenses in Gifford, that in a sense, they are
not worth having, but he is interested in bringing a new
lounge into the area which would offer new social enter-
tainment for the area as well provide his livelihood. There
are however, a number of churches within 2500' of his
40
_ r
establishment. Mr. Smith believed that in Sebastian and
Fellsmere, it is only required that an establishment such as
he is proposing be 500' away from a church or school. He
noted that an article in the paper has stated that some of
the residents of the community feel there are too many bars
in Gifford, but he does not feel that is true as there are
only about 3 or 4 licensed establishments where liquor can
be consumed on the premises. As for the remainder of the
county, he pointed out that there are nice lounges all along
the river and the ocean, and he has not heard anyone speak
out against them. Mr. Smith emphasized that he did not come
here to create a controversy; he just wanted the Commission
to understand that without a license for consumption on
premises, he might as well close up shop.
Commissioner Wodtke wished to know how far Mr. Smith's
business is from the nearest church or school.
Planning Director Keating reported that this business
is 1350' from Middle 6 and Middle 7 Schools; 1150' from
Davis Temple Church, and 1200' from Friendship Baptist
Church.
Commissioner Bird stated that he felt what we need to
do is determine what is reasonable and be consistent
throughout the county. He did not believe we can develop a
different criteria for Gifford.
Commissioner Wodtke asked if the County can have one
stipulation and the municipalities another, or whether a
standard is set by the state. He assumed this requirement
is less in the City of Vero Beach.
Attorney Brandenburg did not know the City's require-
ment, but informed the Board that we currently have on our -
books a special provision dating back to 1967 that applies
only to that area along North Gifford Road west of its
intersection with Highway I, which says it doesn't matter if
there are churches or anything else, you can't have such an
41
8000.
JUL 1,8 1984 - 57 Fr,�� 75
County. He believed the Commission needs to repeal that
provision.
Chairman Scurlock felt we need to have staff come up
with a recommendation that would apply countywide, and then
we should go through the regular hearing process, etc., get
all the input re pros and cons. He emphasized that we do not
want to look at Gifford any differently than the rest of the
county.
Commissioner Bowman agreed and noted that certainly
that highly discriminatory 1967 law needs to be repealed.
Commissioner Bird stated that he would like to see a
map pin -pointing the locations of the various churches and
schools in the county so that we can get an idea of the
magnitude of the problem, and Commissioner Wodtke concurred
that we need some research done on this so we can come up
with something that is livable.
Reverend Brown, President of the Ministers Association,
Pastor of Fellsmere Church of God in Christ, and member of
the Board of the Economic Opportunities Council, informed
the Board that he is in favor of what they are proposing.
Reverend Brown believed there are some establishments in
Gifford that are not safe for their young people, especially
as relates to drinking "under the trees." He felt we need
to look into what is best for Vero Beach and the whole
county, and it should be the same for Gifford.
Commissioner Wodtke believed that what Reverend Brown
is saying is that there is a proper place for proper
establishments, and he agreed to might want to look into an
ordinance to deal with this. He felt we need to have a
group who can work with staff to look into this whole
problem, the ministerial association, for example, as well
as the industry and restaurant associations, etc.
42
18
1984
BOOK
57
FnE i 55
establishment there,
and that is the only area in
the
County. He believed the Commission needs to repeal that
provision.
Chairman Scurlock felt we need to have staff come up
with a recommendation that would apply countywide, and then
we should go through the regular hearing process, etc., get
all the input re pros and cons. He emphasized that we do not
want to look at Gifford any differently than the rest of the
county.
Commissioner Bowman agreed and noted that certainly
that highly discriminatory 1967 law needs to be repealed.
Commissioner Bird stated that he would like to see a
map pin -pointing the locations of the various churches and
schools in the county so that we can get an idea of the
magnitude of the problem, and Commissioner Wodtke concurred
that we need some research done on this so we can come up
with something that is livable.
Reverend Brown, President of the Ministers Association,
Pastor of Fellsmere Church of God in Christ, and member of
the Board of the Economic Opportunities Council, informed
the Board that he is in favor of what they are proposing.
Reverend Brown believed there are some establishments in
Gifford that are not safe for their young people, especially
as relates to drinking "under the trees." He felt we need
to look into what is best for Vero Beach and the whole
county, and it should be the same for Gifford.
Commissioner Wodtke believed that what Reverend Brown
is saying is that there is a proper place for proper
establishments, and he agreed to might want to look into an
ordinance to deal with this. He felt we need to have a
group who can work with staff to look into this whole
problem, the ministerial association, for example, as well
as the industry and restaurant associations, etc.
42
Planning Manager Keating reported that any time staff
works on some item such as this, they workshop it once or
twice and then bring it to the Planning & Zoning Commission.
MOTION WAS MADE by Commissioner Wodtke,
SECONDED by Commissioner Bird, to authorize
staff to research this matter as discussed
above and then take it to the Planning &
Zoning Commission, with it being understood
that we wish to repeal the 1967 restriction.
Blair Smith wished to note that there are not a whole
lot of up -to -par places in Gifford the residents can go to
for entertainment of this sort - disco lounges, etc., and he
believed that is one of the reasons such a large volume of
narcotics is being circulated in the Gifford area. He felt
this should be considered as well as the fact that a lot of
people are drinking on the streets and on the corners. He
appreciated the Board looking into this matter.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously (4-0).
DISCUSSION RE PROBLEMS OF HANDICAPPED IN OUR COUNTY
Alexander Smith, who is confined to a wheelchair, came
before the Board, noting that he had come to the Commission
before and at that time was instructed to talk to Adminis-
trator Wright who was to contact the Planning Department to
solve some of the problems the handicapped are faced with in
the county. Mr. Smith stated that since that time, they
have beautified the Courthouse parking area, and in doing
so, they eliminated handicapped parking. He noted that he
has a car with a lift and he cannot get out of it himself;
43
JUL 18 1984 BOOK 57 Fp,E756
L
18
M4
BOOK 57 PAGE 757
he has been in a
grocery store only once in 9 years; and
cannot go in Swenson's Ice Cream Store, the Donut Shoppe and
many businesses. All he is asking is that when they design
these businesses and turn them in to the proper departments
to be reviewed, that instead of making square corners on the
sidewalks, they round off the corners a bit so a wheelchair
can maneuver and get into an establishment.
Mr. Smith continued that he is asking for help not only
for himself but for all the veterans who are moving into the
State of Florida monthly, as well as for the old and infirm.
Mr. Smith reiterated that he is just asking for some
consideration from the Planning & Zoning people, and asking
that they do something to make it a little easier on the
handicapped. He stated that if the County doesn't want to do
this, then he will go to the federal government, although,
he does not want to have to because he believed this can be
settled here. Mr. Smith stated that -he offered his time to
Mr. Wright at least six months ago and has yet to receive a
phone call.
Commissioner Bird believed that staff does have certain
criteria they follow in approving site plans, and he felt we
need to review this criteria and see if it is getting the
job done.
Administrator Wright agreed that there are certain
statutory requirements we have to meet, and we are doing
that. If the Board wishes extraordinary requirements, then
they should so direct staff.
Commissioner Bird wished to know just how these
requirements do not seem to mesh.
Planning Director Keating reported that the handicapped
spaces are required to be 12' in width, and that is what our
Zoning Code calls for. Director Keating agreed that when
Mr. Smith was in here six months, we did promise to contact
him when we were considering parking areas in our Zoning
44
Code. Staff has not gotten to this yet, however, and will
be contacting Mr. Smith when they do.
Mr. Smith stated that he has measured handicapped
spaces and there are some that aren't 12' wide.
Planning Director Keating explained that when staff
reviews a site plan, we do require 12' and we do have
inspectors who look at the site to make sure that the spaces
are adequate, but this, of course, just applies to projects
built recently. As to the Donut Shoppe mentioned by Mr.
Smith, that is within the City limits and would not be under
our jurisdiction.
Building Director Ester Rymer believed the City has the
same requirements.
Commissioner Bird inquired what Mr. Smith meant about
rounding corners, and Mr. Smith explained that a wheelchair
cannot make a square corner; it requires a certain radius to
turn as they cannot jockey around easily.
Planning Director Keating noted that he was looking at
a site plan just yesterday where the handicapped ramps were
not close enough to the handicapped parking spaces, and he
also will look into the maneuverability aspect.
Mr. Smith felt the spaces at the Donut Shoppe are
illegal because the handicapped should not have to go across
the traffic access to get to the shop. He further noted
that it is required to have a sign for the handicapped
spaces.
Building Director Rymer informed the Board that her
department did check these signs and did check the ones Mr.
Smith told them about. At one time they did comply, but
quite frequently a business will resurface and restripe
their parking spaces, and the Building Department does not
even know it is happening since no building permits are
issued. Sometimes signs are missing as a result of
vandalism. When the Building Department issues a
45
L- JUL 18 1984
Bou 57 FATE 758
JUL 18 1984 BOOK 57 PAGE/59
certificate of occupancy, they check that everything is as
required, but they Would have to check again periodically.
The City of Fort Pierce has two people who do nothing but
inspect for handicapped requirements.
Administrator Wright reported that we handle this now
on a complaint basis.
Mr. Smith asked if the Doctor's Medical Clinic on 37th
Street was built under the Code and inspected because he has
not seen a handicapped sign there except for wooden ones,
which are illegal, and the Sheriff will not issue a ticket.
He stated that he has asked them about this 1h years ago,
but nothing has been done to correct it.
Mrs. Rymer confirmed that Mr. Smith meant that they do
not have the blue signs. She noted that we used to have
marking on the pavement, but the Sheriff could not issue a
ticket if the sign was not up. Mrs. Rymer stressed that we
do go by the Statute set by the Department of Community
Affairs, and they have criteria re the radius of turns, etc.
Commissioner Wodtke asked if we did eliminate the
handicapped parking at the Courthouse. Administrator Wright
felt possibly it was overlooked during the renovation and
assured the Board that staff will check into it.
Building Director Rymer stated that if Mr. Smith will
give her a list, the Building Department will check out his
complaints and send notices if these places were built under
the handicapped rules; we cannot go back on what was
grandfathered in, however.
Mr. Smith stated that he would be glad to work with
Mrs. Rymer.
ADDITIONAL PARKING FOR COURTHOUSE ADDITION
Planning Director Keating reviewed the analysis of the
courthouse parking situation done by Staff Planner Poupard,
and Administrator Wright informed the Board that the parking
46
r �
s
areas delineated by hashmarks on Page 58 of the backup
material all should be moved one block to the left. Said
analysis is on file in the Office of the Clerk.
Planning Director Keating felt the first thing to keep
in mind is that since this is in the central downtown area,
the City controls it; their Zoning Code is in effect; and
their Code does not require any additional parking when
something is renovated or expanded. Staff did a brief
analysis of supply and demand in the area and as to what
will be generated by the additional courtroom. They
estimated about 270 total parking spaces for the entire
courthouse facility and tried to determine how much parking
is available in a two -block radius. Staff did not do a
really detailed analysis - first because this is within the
City and secondly, they did not have the necessary resources
or time. Pair. Keating continued that as far as existing
spaces, there are a total of 92 spaces directly provided by
the Courthouse and these are in two separate lots. There
are about 100 parking spaces available in the 2 block area,
or a total of 190. With the fourth courtroom, there would
be a need for 270, or a deficit of 78, and because these
spaces are available for use by the general public for
shopping, etc., the deficit probably would be in excess of
78.
Director Keating reported that the City of Vero Beach
is currently working on an analysis of the parking in the
downtown area and since we started our study, the City has
indicated they may be changing their policy and requiring
that projects in this area do provide some new spaces.
He continued that in considering the 78 space deficit, staff
looked at some alternatives, using as the primary criteria
proximity to the courthouse and cost of space.
47
JUL 18 1984
R00r. 7 FiA) 760
I
JI 11- 18 1994 BOOK 57 Fm 61
The three alternatives they came up with are:
(1) purchase of additional land;
(2) use of existing parking facilities which are not used on
a daily basis, such as church parking lots, and having
some kind of rental agreement; and
(3) having the County work with the City in doing an overall
in-depth analysis of parking in the downtown area and
contributing monetarily to provision of additional
parking.
Director Keating reported that they did identify
properties that could be condemned and purchased and used
for parking. Two of the areas considered could provide 85
spaces each, and the third 34 spaces. The cost for all
three is a little over 3/4 of a million dollars without
including the cost of paving, etc.
The second alternative, leasing existing parking lots,
would provide a total of about 95 spaces. These are grassed
parking lots, and this would involve leasing spaces and then
constructing parking lots.
Staff felt the first alternative is very costly just to
provide parking and also it really wouldn't lend itself to a
good overall plan for the downtown area. Another disadvan-
tage is that there is no guarantee these lots would be used
exclusively by courthouse patrons, and also it would not be
guaranteed that you could have parking all the time.
Staff, therefore, recommends that the Board direct staff to
coordinate with the City in a study so that parking can be
worked into an overall plan for development of the downtown
area and agree in principal to contribute at some future
time to the provision of additional parking.
Commissioner Bird felt staff provided an excellent
report and that the recommendation makes sense. He did not
feel we have any choice but to coordinate with the City.
48
7'
1
Administrator Wright reported that we are also looking
at relocating some of the offices in the Courthouse. We
have a request from the Public Defender and others for space
that does not exist.
Chairman Scurlock noted that we are in a situation
where we approved the renovation of a fourth courtroom and
are now trying to get bids. He stated that he has heard
that we have not received any bids and he believed we will
not receive any bids on that project unless it is on a cost
plus basis because of the unknown factors in such a
renovation. The architect has requested an extension of
time, and the Chairman felt we may very well get into a
situation where we will not have a finite figure for that
project. The courtroom is a high intensity use, and he
believed we may have to re-evaluate use of that space, i.e.,
possibly putting the State Attorney or Public Defender there
and looking for another space for the Judges. Chairman
Scurlock informed the Board that Pastor Buddy Tipton of the
Central Assembly Church of God, which is located across from
the County Administration Building, has indicated the entire
complex is available in the range of $285,000, which is a
significantly lower cost than that estimated for renovation
for the fourth courtroom.
Administrator Wright agreed with what the Chairman is
saying because everybody in the Courthouse is clamoring for
space right now; we are getting to the point where we will
have to move someone out, and the question is who do we
move? He noted that we will have to make the decision on
the fourth courtroom when the bids come in.
Chairman Scurlock again stressed that, after talking to
many builders in town, he believed it will be a complex
process to get that fourth courtroom constructed, and it is
not the Commission creating the problem; it is just what
exists.
49
JUL 18 19kQBuGr,7 PAGE62
JUL 18 1994 BOOK 57 F,�GE 763
Commissioner Wodtke referred back to the downtown
parking situation, and felt it will be impossible for us to
continue to asphalt to create parking and people may just
have to walk further. He brought up the possibility of
trying to encourage private industry to become involved with
a multiple story parking type structure, but Chairman
Scurlock felt if people have to pay to park, it would
impact the merchants.
The alternative of downtown employees parking at a
distance and having a jitney service to get people to work
was discussed, and it was agreed the problem is growing both
downtown and in the beach area.
ON MOTION by Commissioner Bird, SECONDED
by Commissioner Wodtke, the Board unanimously
(4-0) authorized staff to proceed with the
third alternative as recommended, i.e., contact
the City of Vero Beach re a joint parking study
and agree in principal to contribute at some
future time to the provision of additional
parking.
OEDP COMMITTEE APPOINTMENTS
Planning Director Keating reviewed his memo, as
follows:
50
_I
� � r
TO: The Honorable Members DATE: July 16, 1984 FILE:
of the Board of County
Commissioners - -
APPOINTMENTS TO OVERALL
SUBJECT: ECONOMIC DEVELOPMENT PLAN
(OEDP) COMMITTEE
FROM:P�-REFEREN
Robert M. Keating, AICP CES. OEDP Com.
Planning & Development Director DIS:RMK
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of July 18, 1984.
DESCRIPTION AND CONDITIONS:
Several months ago, the Board of County Commissioners decided
to pursue designation of Indian River County as a redevelopment
area under Section 401(a)(8) of the Public Works and Economic
Development Act `of 1965. Since obtaining redevelopment area
designation requires the formation of an OEDP committee and
preparation of an. Overall Economic Development Plan, the
Commission subsequently approved formation of such a committee
and directed staff to identify, persons within the community
interested in serving on the committee.
ALTERNATIVES AND ANALYSIS:
In response to the Commission's directive, the staff publicized
the OEDP project through the local media and requested persons
interested in serving on the OEDP. Committee submit a letter of
interest.••The.staff then compiled a list of interested persons
and grouped them according to the categories of representation
established by the EDA for OEDP membership. According to EDA
guidelines, the committee must be representative of the commu-
nity and include representatives from a number of groups. For
those groups in which there was no expression of interest, the
staff contacted various .individuals to determine potential
committee members. '
The following is a list of the groups which should have
representation on the OEDP bommittee as well as an indication
of what group i•s.represented by each of the individuals who
have expressed an interest in the OEDP committee.
Agricultural Uneqployed
Woody Holzworkh (farmer) Patricia Bowen (Economic Development
Coordinator) T.C. Job Training Center
Alan _Ryall (Citrus League)
Olin Bagley (Job Service -
John Keen (County Chairman, Supervisor - State of Florida,
Farm Bureau Federation) Dept. of Labor)
Business The Professions
Duncan O. Bowman (Contractor) Martin Wall (Attorney)
J. Dale Sorenson (Real Estate) Terry Kellagher (Architect)
George Blythe (Real Estate)
Sheila Simmons (WAVW 105)
51
JUL 1.8 1984 57 FADE 764
JUL 18 1994
Finance
Gary Rhinehart (Harbor Federal)
BOOK 57 pmu
Education
L. Roland Aberle, Phd. (Professor)
Public Health Agencies
Organized Labor
. Barbara Tice (Indian River County
Bob Knight (International
Health Department)
Brotherhood of Electrical
workers)
Utilities
Racial or Ethnic Minorities
Don Womble (Florida Power & Light)
Ralph Lundy (Gifford
Progressive League)
Hillman Goff -(Vero Beach Utilities)
Indust
Local Government
John Ropes (Ocean Spray)
One County Commissioner
should be appointed
Jack Price (Piper)
Mike Durwin (Piper)
• r
RDC OMMATION:
a
The staff recommends that the Board
appoint members to the OEDP
committee representing all groups noted
above.
Director Keating reported that staff, at the direction
of the Commission, contacted various governmental agencies
and civic organizations for recommendations for appointees.
He noted that there are a few people who were recommended
and listed in his memo who have not been contacted individ-
ually, mainly in the industry section. These people were
recommended by J. B. Norton of the Chamber of Commerce.
Most of the others have expressed an interest or agreed to
participate. Staff recommends the appointment of all those
listed as well as one Commissioner.
Commissioner Bird stated that he would like to start
out with just one from each category and then expand if we
see the need. This was generally agreed upon.
Director Keating felt there is a possibility of getting
some funding from an EDA grant.
Chairman Scurlock opened the floor to nominations.
Nominations for the various categories were as follows:
Agricultural - Alan Ryall
Business - J. Dale Sorensen
52
Unemployed
The Professions -
Finance -
Public Health -
Utilities -
Industry -
Education -
Organized Labor -
Racial or Ethnic
Minorities -
Co. Commissioner -
Olin Bagley
Martin Wall (Attorney)
Terry Kellagher (Architect)
Gary Rhinehart
Barbara Tice
Don Womble
John Ropes
L. Roland Aberle, Phd.
Bob Knight
Ralph Lundy
Patrick Lyons
ON MOTION by Commissioner Bird, SECONDED
by Commissioner Wodtke, the Board unanimously
(4-0) appointed those listed above to the
Overall Economic Development Plan Committee.
DISCUSS UTILITY ASSESSMENT - CITY OF VERO BEACH
Assistant County Attorney Paull informed the Board that
this item was added to today's agenda because the County
received a letter from the City of Vero Beach notifying us
there would be a public hearing on a sewer line they are
putting in on South Beach on Ocean Drive. The County is a
2/5 owner of the four lots which involve South Beach Park.
In terms of dollars, our assessment for 400 of those lots
would amount to about $8,000.
Attorney Paull continued that Intergovernmental
Relations Director Thomas has done a great deal of research
and found numerous discussions in the Minutes relating to
the acquisition of these properties, which made it quite
clear that the County would only participate in their
purchase to the extent of $200,000 and not at all in any
development costs or closing costs, etc. Attorney Paull
noted that there was a previous paving assessment on Ocean
53
JUL 1 R 1984 - Boox 57 FACE 766
I
JUL 18 194 aooK 57 PnE767
Drive where the City notified us, and Mr. Thomas could not
find any record of our paying this assessment. Therefore,
it is believed that the City recognizes that we are not
getting involved beyond the original $200,000. City Finance
Director Nason is reviewing this, and Attorney Paull stated
that he would like to be authorized to appear at the City
hearing and have the direction of the Board.
Chairman Scurlock felt the direction is that we don't
want to pay anything, and Com. Wodtke noted that he was on
the Board at the time of the purchase of these lots and we
agreed to participate on the basis of providing $200,000 for
the purchase only.
Administrator Wright confirmed that our records
demonstrate that fact, and Attorney Paull noted that Mayor
Gregg was quoted as saying that he also was of that
understanding.
In further discussion, it was felt that it was not
necessary for the Attorney to appear at the hearing, but
just to correspond with the City and indicate what the Board
has stated and the research that bears it out.
APPOINTMENTS TO BEACH PRESERVATION & RESTORATION COMMITTEE
Commissioner Wodtke noted that he recently had two
resignations from the above committee, and he since has
received some resumes from those interested in serving on
this committee - Michael Rose and James Haeger.
Commissioner Wodtke assumed that Michael Rose, who is
manager for the John's Island Property Owners Association
and has great experience in building in that area, has been
authorized to be the representative of the Indian River
Shores area. James Haeger is both a biologist and
ecologist, and he believed Mr. Haeger would be a real asset
to the committee.
54
ON MOTION by Commissioner Wodtke, SECONDED
by Commissioner Bird, the Board unanimously
(4-0) made the following appointments to the
Beach Preservation and Restoration Committee:
Michael Rose - Indian River Shores representative
James Haeger - At -Large member
There being no further business, on Motion duly made,
seconded and carried, the Board adjourned at 12:10 o'clock
P.M.
ATTEST:
Y
Clerk
JUL 18 1984
55
OWN
BOOK 57 FAGF 768