HomeMy WebLinkAbout5/8/19851
Wednesday, May 8, 1985
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,
May 8, 1985 at 9:00 o'clock A.M. Present were Patrick B. Lyons,
Chairman; Don C. Scurlock, Jr., Vice Chairman; Richard N. Bird;
Margaret C. Bowman; and William C. Wodtke, Jr. Also present were
Michael J. Wright, County Administrator; Gary Brandenburg,
Attorney to the Board of County Commissioners; L.S. "Tommy"
Thomas, Intergovernmental Relations Director; Jeffrey K. Barton,
OMB Director; and Barbara A. Bonnah, Deputy Clerk.
Chairman Lyons opened the meeting and Vice Chairman Scurlock
led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA
Commissioner Scurlock requested the addition to today's
agenda of a report on a sludge disposal and solid waste seminar
he attended with Utilities Services Director Terry Pinto.
Commissioner Wodtke requested the addition of a report on
the Hurricane Conference,
Attorney Brandenburg requested two additions: a discussion
re aquatic preserve rules and a discussion on the County's
comments to the St. Johns River Water Management District.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously added
the above items to today's Agenda.
AYBOOK F�:� 79; J
1985
I
_I
MAY 8 1985 BOOK 60 P,4GE 797
APPROVAL OF MINUTES
The Chairman asked if there were any corrections or
additions to the Minutes of the Regular Meeting of April 10,
1985. There were none.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously approved
the Minutes of the Regular Meeting of April 10, 1985,
as written.
CLERK TO THE BOARD
Approval of New Applications for a Permit to Carry a Concealed
Firearm
The Board reviewed the following memo dated 4/24/85:
TO: The Honorable Membbrs of DATE: April 24, 1985 FILE:
the Board of County Commissioners
SUBJECT: Pistol Permits -
New Applications
FROM: Michael Wright REFERENCES:
County Administrator
The following named persons have applied with the Clerk's
Office for new pistol permits:
Edmond J. Heinz
Levan Douglas, Sr.
Clifford M. Miller
Henry H. Schleuning, Jr.
All requirements of the ordinance have been met and are
in order.
2
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously
issued permits to carry a concealed firearm to
the following persons:
Edmund J. Heinz
Levan Douglas, Sr.
Clifford M. Miller
Henry H. Schleuning, Jr.
CONSENT AGENDA
Commissioners Scurlock and Wodtke removed items A & B,
respectively, for discussion.
A. IRC Bid 239, Communications Tower
The Board reviewed the following memo dated 4/30/85:
TO: Board of County Commissioners DATE: April 30, 1985 FILE:
THRU: Michael Wright SUBJECT: IRC BID #239 -Communications Tower
County Administrator 405 ft.
FROM: ��EFERENCES:
Carolyn Gooffich, Manager
Purchasingl6epartment
I. Description and Conditions
Bids were received Monday, April 29, 1985 at 11:00 A.M. for IRC #239 -
Communications Tower 405 ft.
6 Bid Proposals were sent out. Of the 3 Bids received, 1 was a "No Bid".
2. Alternatives and Analysis
The new Communications Tower is to be installed at Kiwanis-Hobart Park
and will eventually take the place of the existing tower.
The low bid was submitted by Tower Specialties, Waycross, Ga. in the
amount of $48,600.00 plus $5,76.0.00 for installation of antennas and
related equipment, for a total of $54,360.00. The bid meets all specifi-
cations.
3. Recommendation and Funding
It is recommended that IRC #239 be awarded to the low bidder Tower
Specialties, Inc., Waycross, Ga. in the amount of $54,360.00.
Funding is coming from user agencies. Account #001-110-525-66.45.
3
MAY 8 1995 BOOK
0 PAGE 798
J
BOOK 60 PAGE 799
Commissioner Scurlock asked what share of the costs will be
borne by each of the participating entities, and OMB Director
Jeff Barton advised those figures are shown on a budget amendment
added to today's backup material.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously awarded
IRC Bid #239 to the low bidder, Tower Specialities,
Inc., Waycross, Ga. in the amount of $54,360, as
recommended by Purchasing Manager Carolyn Goodrich; and
approved the following budget amendment.
TO: Board of County Commissioners DATE: May 7, 1985 FILE:
SUBJECT:' Budget Amendment
FROM: Jeffrey K. Barton, REFERENCES:
OMB Director
The following budget amendment is necessary for funding of the communications tower
at Hobart Park. Below is a list of contributing agencies toward this project. The
balance of the funds to complete this project will be appropriated at a later date
from funds in the Special Emergency Management Reserve from the Village Green D.R.I.
Account Title
Reimbursements
Communications Equipment
Account Number Increase
001-000-369-40.00 (Revenue) 55,000
001-110-525-66.45 (Expense) 55,000
Property Appraiser 5,000
City of Sebastian 5,000
Indian River County Sheriff 20,000
Indian River County School Board 5,000
Indian River County Volunteer Ambulance Squad 5,000
North County Fire District 15,000
55,000
4
Decrease
j
IROARn nP Cnl1NTV CAMMISAInNFRC
1840 25th Street
Vero Beach, Florida 32960 my w
tic h�'
BID TABULATION u ca ory4 ell-,�
y4y mr �
BIO NO. DATE OF OPENING ;or V
IRC BID #239 April 29, 1985
BID TITLE Monday � 3m vo �o Q
C `
REM
NO. DESCRIPTION UNIT PRICE
UNIT PRICE
UNIT PRICE UNIT PRICE
UNIT PRICE UNIT PRICE
UNIT PR
1. One (1) 405 ft. Communications
jower ac par attachad
NB
66130 00
Days required to complete project
after receipt of Purchase Order
Days 30 =
90
3. As per Item 11, on attached
specifications, bidder will
provide cost to install antennas
and related equipment at various
heights Per attachment A. 5760 00
425 0
960 0
for ea
per crew
antenn &
•
or
YN S 2/7O
4250 00 '
B. IRC Bid #240 - Fleet Management- Building. Extension/Addition
The Board reviewed the following memo dated 4/30/85:
TO: Board of .County Commissioners DATE: April 30, 1985 FILE:
THRU: Michael Wright SUBJECT: IRC BID #240 -Fleet Management
County Administrator Building Extension/Addition
FROM: REFERENCES:
Carolyn Vodrich, Manager
Purchasing Department
1. Description and Conditions
Bids were received Monday, April 29, 1985 at 11:00 A.M. for IRC #240
Fleet Management Building Extension/Addition.
7 Bid Proposals were sent out. Of the 4 Bids received, 2 were "No Bids".
-0
Y 1985 BOOK 60 FADE 890
MAY 8 1985 BOOK 60 FAGr8-1
2. Alternatives and Analysis
The low bid was submitted by B & B Building Systems Ft. Pierce, F1,
in the amount of $19,842.00. The bid meets all specifications.
3. Recommendation and Funding
It is recommended that IRC #240 be awarded to the low bidder, B & B
Building Systems in the amount of $19,842.00.
There is $32,000.00 budgeted for the building extension.
Commissioner Wodtke believed that more local contractors
should be included on our bid mailing list, and Assistant County
Administrator Dean explained that only 7 bid specifications were
sent out because those companies were the only ones with
experience in building metal buildings. He noted that the bid
was advertised in the paper also.
Commissioner Bird questioned the spread in the prices
submitted by the two firms that did respond, and asked if there
was any confusion about the specifications.
Assistant Administrator Dean stated that they went over the
specifications again with the low bidder and he indicated he was
comfortable with his bid.
Discussion took place on the construction of metal buildings
and Public Works Director Jim Davis explained that the
specifications drawn up by the Engineering Department called for
a pre-engineered building and required wind -load, roof span and
loading analyses to be submitted to the County. These analyses
have to be approved by the County and the Building Department
before a building permit can be obtained.
Commissioner Wodtke believed the specifications gave a lot
of leeway.
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Bowman, the Board unanimously tabled
this matter to allow Purchasing Manager Goodrich to
provide further information on this bid, possibly -at
next week's meeting.
6
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C. Budget Amendment - County Jail
The Board reviewed the following memo dated 4/24/85:
TO: Board of County Commissioners DATE: April 24, 1985 FILE:
SUBJECT: Budget Transfer
95FE,
FROM: Jeffrey K. Barton, REFERENCES:
OMB Director
-To appropriate monies from purchase of Jail Computer System which was to be used for
the purchase of system software.
Account Title
County Jail
County Jail
Account No.
001-000-369-30.00
001-906-523-33.49
Increase
13,287
13,287
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Bowman, the Board unanimously
approved the above budget amendment as recommended
by OMB Director Barton.
D. Fourth Quarterly Payment FY 1985 of Section 8 Existing
Housing Rental Assistance Program
The
Board
reviewed the
following memo
dated 4/25/85:
TO: Board of
County
Commissioners
DATE: 4/25/85
FILE:
THRU: Michael Wright
County Administrator SUBJECT: Requisition for the Fourth Quarterly
Payment FY 1985 of Annual Contributions
Contract - Section 8 Existing Housing
Rental Assistance Program
FROM: Edward J. egan REFERENCES:
Executive irector
IRC Housing Authority
It is recommended that the data herein presented be given formal con-
sideration by the County Commission.
7
BOOK
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MAY 8 1985
BOOK 60 P-IrE 893
In order to requisition funds quarterly from the U.S. Department of
Housing and Urban Development to operate our Section 8 Housing Assistance
Program, we are required to submit four (4) executed copies of HUD Form
52663. This is consistent with our Annual Contributions Contract entered
into on December 30, 1978 and as, amended August 3, 1982.
I respectfully request the Board of County Commissioners authorize the
Chairman toexecutethe four copies of HUD Form 52663 for the Fourth Quarterly
payment.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously
authorized the requisition of quarterly funds
from the U.S. Department of Housing and Urban
Development to operate our Section 8 Housing
Assistance Program, and authorized the Chairman's
signature on HUD Form 52663 for the Fourth
Quarterly payment.
8
,Jp•a26a3
-(0.751 1
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
HUD USE ONLY
• REQUISITION FOR PARTIAL PAYMENT OF ANNUAL CONTRIBUTIONS
HOUSING ASSISTANCE PAYMENTS PROGRAM V7oueherNumber
SECTION 23 SECTION 8
Date of Requisition 4.05.18-5 Fiscal Year Ending Date g/3Q/R5For Quarter Ending
NAME AND ADDRESS OF PUBLIC HOUSING AGENCY (Ineludinr Zip Code)
Indian River County Board of County Commissioners
1840 25th St., Suite S-319, Vero Beach, Fla. 32960-33
DEPOSITARY BANK (Name, Address and Account Number)
Southeast Bank, N.A. Vero Beach Banking Center
Box 40, Vero Beach, Fla. 32960, A/C #107-453490
a. Number of Units Under Lease to Eligible Families as of Date of Requisition
b. Estimated Number of Units to be under Lease at End of Requested Quarter
e. Average Monthly Housing Assistance Payment Per Unit as of Date of Requisition
DESCRIPTION
ACC Contract Number H-3r+vy
Project NumberFL29-E132-001 & M
No. of Months In Fiscal Year 12
Typo of Project:
10 EXISTING [] NEW L REHAB.
ESTIMATE OF
REQUIRED TOTAL COST
ANNUAL INCURRED
Ynp"RIRUTtONS TO DATE
PRELIMINARY ADMINISTRATIVE EXPENSE 0
1. Preliminary Administrative Expense—Prior to ACC (Account 40101 0
2. Preliminary Administrative Expense—After ACC (Account 4012) 0
3. Total Preliminary Administrative Expense (Lines I d 2)
NONEXPENDABLE EQUIPMENT
4. Replacement of Nonexpendable Equipment (Account 75201
5. Property Betterments and Additions (Account 75401
S. Total Nonexpendable Equipment (Lines 4 d S)
HOUSING ASSISTANCE PAYMENTS PO
-7. Housing Assistance Payments (Account 4715) 478
ADMINISTRATIVE FEE
B. Total Administrative Fee Approved for Fiscal Year
9. Monthly Rete of Administrative Fee (Line 8 dipided by number of months
1n fiscal ym)
10. Amount Previously Requisitioned for fiscal year
11. Estimated Additional Amount Required to end of Requested Quarter
12. Total Administrative Foe (Lincs 10 d 11)
INDEPENDENT PUBLIC ACCOUNTANT AUDIT COSTS (Section 8 only) 2, 500
13. Total -independent Public Accountant Audit Costs
SECURITY AND UTILITY DEPOSITS (Section 23 only)
14. Total Allowance Approved for Security and Utility Deposits 0
15. Amount Previously Requisitioned for Fiscal Year
16. Estimated Additional Amount Required to End of Requested Quarter.
17. Total Security and Utility Deposits (Lines 15 d 16)
175
90
189
STIMATEO I CUMULATIVE
DDITIONAL TOTAL
)ST TO END FUNDS
REQUESTED
QUARTER REQUIRED
AMOUNT OF THIS REQUISITION
16. Total Funds Required to End of Requested Quarter (Lines 3. 6. 7. 12.
13 d 171
18. Total Partial Payments Received for Fiscal Year to Date A/
20. Partial Payment Requested (Line 18 minus Line 19)
IST 2ND 3RD
0
0 --
U
452,668�
J33
117.590
TOTAL
METHOD OF PAYMENT INSTALLMENT INSTALLMENT INSTALLMENT
21. Requested Installment Payments 39.1 39 1
T17 39,197,
1 CERTIFY that housing assistance payments have bean or will be made only with respect to units which; 111 are under lease by Families at the time such
housing assistance payments are mode except as otherwise provided in the Housing Assistance Payments Contracts and 12) the Housing Agency has within
one year prior to die making of such housing assistance payments, adequately inspected or caused to be inspected (Including Inspection of grounds. faculties.
and areas for the benefit and use of the Families) to assure that decent, safe and sanitary housing accommodations are being provided; that all applicable pro-
visions of the above numbered Contract have been complied with by the Housing Agency; and the his requisition for annual contributions has been exam-
ined by me and to the best of my knowledge and belief it is true, correct and comploedrd yrl unty CoMmissioners
May 8, 1985
(Date)
HUD FIELD OFFICE APPROVAL
.....� »d avtle nt Ulfinml Anthorizrd to ADDrot•e)
and Tulle off Of'ficW Authorized to
(Date)
REGIONAL ACCOUNTING DIVISIONPAYMENT
Prevelidated by:
FOR
MONTH OF
AMOUNT
PAID
DATE
CERTIFIED FOR
PAYMENT
CERTIFIED
BY
(Jnit(ab)
(Signature)
(Date)
TOTAL
HUD -526(
A�ep�ces
F�rm HUD -52663 dated June 1974.
BOOK 6 0 80 4
E. Vero Lakes Estates MSTU Advisory Committee
BOOK 60 DGE 805
The Board reviewed the following memo dated 4/30/85:
TO: DATE: FILE:
The Honorable Members of April 30, 1985
the Board of County Commissioners
THROUGH:
Michael Wright,
County Administrator SUBJECT: Vero Lakes Estates MSTU
Advisory Committee
FROM: James W. Davis, P.E. , REFERENCES: apr:mstu committee
Public Works Director
DESCRIPTION AND CONDITIONS
Two appointed members of the Vero Lakes Estates MSTU Advisory
Committee have indicated that they do not wish to serve on the
Advisory Committee. Mr. Howard Woodruff has sold his property
in Vero Lake Estates and moved. Mrs. Agnes Kennedy is a
resident of the area three months of the year and would not be
available for many meetings. The other members of the
Committee have indicated that she does not wish to serve.
ALTERNATIVES AND ANALYSIS
Three other Vero Lake Estates property owners have expressed a
desire to serve. They are as follows
Mrs. Frances Betz 9885 87th Street
Resident for 21 years
Member, Advisory Board of North County
Volunteer Fireman's Assoc.
was instrumental in forming the Property
Owners Assoc. but is not a member at this
time.
Mr. George Durham, Sr.
Resident of 9080 86th Place since 1978
Member, Board of Directors, VLE Property
Owners Assoc.
Mr. Gaetano Giglio
8325 93rd Avenue
Resident since 1980
Volunteer Fireman, Vero Lake Estates.
RECOMMENDATION
It is recommended that Mrs. Betz be appointed since she lives in
the western portion of the Subdivision (most members live in the
eastern areas) and Mr. Durham, since he has owned property in
the area since 1962.
10
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously appointed
Frances Betz and George Durham, Sr. to the Vero Lakes
Estates MSTU Advisory Committee, as recommended by
Public Works Director Jim Davis.
F. Hazardous Waste Assessment
The Board reviewed the following memo dated 4/26/85:
TO: THE HONORABLE MEMBERATE: April 26, 1985 FILE:
OF THE BOARD OF COUN
COMMISSIONERS
THRU: ITOCE G. PINTO SUBJECT: HAZARDOUS WASTE
ASSESSMENT
FROM: RONALD R. BROOKS REFERENCES:
DESCRIPTION AND CONDITIONS
The Regional Planning Council obtained the services of a consulting
firm, ERM -South, Inc., to perform the small quantity generator
notification and hazardous waste survey portion of the overall State
mandated Local Hazardous Waste Assessment Program. The remainder of
the program is to be performed by the County utilizing an allocation
of $17,000.00 that was provided by the Florida Department of
Environmental Regulation.
The consulting firm has completed the notification and survey portion
of the Assessment Program and has provided Indian River County a
report outlining the results. The Florida Department of Environmental
Regulation, however, is not satisfied with the report and is requiring
the counties under the Treasure Coast Regional Planning Council to
modify the report and provide additional information.
The modifications and additional information required by DER will
require a considerable amount of time to complete and most of the
-counties (Indian River, Palm Beach, St. Lucie and Martin), do not have
the personnel or time to do the work.
ERM -South, Inc. has all of the notification and survey data
computerized and they can readily provide the additional information.
As indicated in the attached letter, they will provide the additional
information for all the counties (Indian River, Palm Beach, St. Lucie
and Martin) at a cost of $2,900.00. Divided evenly among the four
counties, the individual cost per County would be $725.00.
11
MAY 8 1985
BOOK O F',10E SU
MAY 8 1985 . BOOK 60 mu 807
ALTERNATIVE
Martin, St. Lucie and Palm Beach Counties are interested in utilizing
a portion of the Hazardous Waste Assessment funds allocated to them to
obtain the services of ERM -South, Inc. and have them modify their
report to the satisfaction of the Florida Department of Environmental
Regulation. Indian River County may join with the other counties in
obtaining the services of ERM—South, Inc. to modify their report, or
we may expend the time and modify the report ourselves.
RECOMMENDATION
Staff recommends that the Board authorize the Utilities Department to
utilize a portion -of the $17,000.00 allocated -to the County for the
Hazardous Waste Assessment Program, and join with the other counties
in obtaining the services of ERM -South, Inc. to modify their report in
accordance with.the requirements of the Florida Department of
Environmental Regulation.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously authorized
the Utilities Dept. to utilize a portion of the $17,000
allocated to the County for the Hazardous Waste
Assessment Program, and join with the other counties in
obtaining the services of ERM -South, Inc. to modify
their report in accordance with the requirements of the
Florida Department of Environmental Regulation, as
recommended by staff.
G. Release of Assessment Lien
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously
released S.R.-60 water assessment liens to Leonard J.
and Constance C. Hatala for Condominium Units
1-A and 1-C, Tamara Gardens; and to Alvin E. and Hilda
A. Marshall for Condominium Unit #102 of Pine Creek
Condominium 1.
RELEASE OF ASSESSMENT LIENS ARE ON FILE IN THE OFFICE OF THE
CLERK
12
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H. 12th Street Widening - License Agreements for Railroad
Crossing and Stormwater Crossing - Resolutions #85-46 and8551,
Respectively
The Board reviewed the following memo dated 5/1/85:
TO: DATE: FILE:
The Honorable Members of May 1, 1985
the Board of County Commissioners
THROUGH:
Michael Wright,
County Administrator SUBJECT: 12th Street Widening -
License Agreements for
Railroad Crossing and
Stormwater Crossing
FROM:James W. Davis, P.E. REFERENCES:
Public Works Director apr:12/widening
DESCRIPTION AND CONDITION
/To implement the 12th Street widening project the Cbunty must
enter into two license agreements with the FEC Railroad. One
agreement is to provide for the installation of a 36" storm
sewer beneath the tracks and the other agreement is to provide
for -the widening of the crossing.
ALTERNATIVES AND ANALYSIS
The cost associated with the agreements are as follows:
1) Storm sewer installation - a cost of $50 year license fee.
2) Grade crossing widening -
Annual maintenance fee - $980 plus electricity costs
Construction cost - $147,000
These costs are very similar to the 16th Street crossing costs.
The FEC is fairly accurate in estimations.
RECOMMENDATIONS AND FUNDING
It is recommended that the authorizing resolutions, be approved
and that the License Agreements be executed by the Chairman.
Funding to be from the Florida Second Gas Tax (5th and 6th
Cent) .
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously adopted
Resolution 85-46 authorizing execution of a license
agreement with Florida East Coast Railway governing a
storm sewer installation at the 12th Street Grade
Crossing.
LICENSE AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK
13MAY 8 t985
• BOOK 60 NA -U898
I
MAY 81985
BOOK 60 PACE 899
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously adopted
Resolution 85-51 authorizing execution of a license
agreement with Florida East Coast Railway governing the
12th Street Grade Crossing.
LICENSE AGREEMENT IS ON FILE IN THE OFFICE OF THE.CLERK
14
j
RESOLUTION NO. 85- 46
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA AUTHORIZING EXECUTION OF A
LICENSE AGREEMENT WITH FLORIDA EAST COAST RAILWAY
GOVERNING A STORM SEWER INSTALLATION AT THE 12TH STREET
CROSSING
WHEREAS, the County is preparing to undertake a major
improvement of the 12th Street corridor in Indian River County,
including installation of a 54 inch steel pipe containing a 36
inch concrete storm drainage pipe beneath the railway's
right-of-way; and
WHEREAS, the County must execute a license agreement
with the Florida East Coast Railway in order to make such
crossing, which agreement is attached hereto and incorporated by
reference; and
WHEREAS, the Public Works Department has reviewed said
agreement and recommends its approval in order to facilitate the
12th Street improvement program.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the foregoing
recitals are ratified and that the Chairman and Clerk are
authorized to execute and deliver to the railroad two original
copies of the proposed license agreement attached hereto as
Exhibit "A." The Public Works Director is further authorized and
directed to carry out and abide by the requirements contained
therein.
The foregoing resolution was offered by Commissioner
Scurlock who moved its adoption. The motion was seconded
by Commissioner Bowman and, upon being put to a vote, the
vote was as follows:
Chairman Patrick B. Lyons Aye
Vice -Chairman Don C. Scurlock, Jr. Aye
Commissioner Richard N. Bird Aye
Commissioner Margaret C. Bowman Aye
Commissioner William C. Wodtke, Jr. Aye
MAY 8 1985 -1- BOOK ��{;,r �1
MAY 8 1995
BOOK 60 PAGE 811
The Chairman thereupon declared Resolution No. 85-46
adopted and duly passed this 8th day of MaY 1985.
BOARD OF COUNTY COMMISSIONERS
OF INDIA)V;RIVER COUNTY, FLORIDA
Attest:
FREDA WRIGHT
Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By l�
��aOII TY ATTORNEY
-2-
TRICK B.
airman
RESOLUTION NO. 85-51
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING EXECUTION OF A
LICENSE AGREEMENT WITH FLORIDA EAST COAST RAILWAY
GOVERNING THE 12TH STREET GRADE CROSSING.
WHEREAS, the County is planning to make substantial
improvements to the 12th Street corridor which will involve an
upgrading of the 12th Street grade -crossing over the existing
Florida East Coast Railway right-of-way and tracks; and
WHEREAS, the County must execute a new license agreement
with the Florida East Coast Railway in order to upgrade and expand
crossing, which agreement sets forth the responsibility of the
County to fund the placement and maintenance of certain warning
devices and crossing structures, among other conditions and
limitations, as more fully set forth in the attached license
agreement; and
WHEREAS, the Board finds it necessary to enter into this
agreement in order to proceed with the project, which has been
determined to be in the interest of the citizens of Indian River
County, Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the foregoing
recitals are ratified and that the Chairman and Clerk are
authorized to execute and deliver two original copies of the
proposed license agreement attached hereto as Exhibit "A." The
Public Works Director is further authorized and directed to carry
out and abide by the requirements contained therein.
The foregoing resolution was offered by Commissioner
Scurlock who moved its adoption. The motion was seconded
by Commissioner Bowman and, upon being put to a vote, the
vote was as follows:
Chairman Patrick B. Lyons Aye
Vice -Chairman Don C. Scurlock, Jr. Aye -
Commissioner Richard N. Bird Aye
Commissioner Margaret C. Bowman Aye
Commissioner William C. Wodtke, Jr. Aye
-1-
MAY 8 195 BOOK 60 FHuE 81
I
MAY 81985
BOOK.0 F :,E 81
The Chairman thereupon declared Resolution No. 85-51
which was duly passed and adopted this 3rd day of MAY ,
1985.
BOARD OF COUNTY COMMISSIONERS
OF IN" RIVER COUNTY, FLORIDA
By
B.
Attest:i�--
FREDA WRIGHT
Clerk
APPROVED AS TO FORM
AND LEGAL SU
FICIENCY
By
COU ATTORNEY
I. Final Plat Approval, Laurel Court
The Board reviewed the following memo dated 4/22/85:
TO: The Honorable Members DATE: April 22, 1985 FILE:
of the Board of
County Commissioners
DIVISION HEAD CONCURRENCE:
11 FINAL PLAT APPROVAL FOR
°' r SUBJECT: LAUREL COURT SUBDIVISION
Robert M. Keati g, CP
Planning & Developrh6nt Director
THROUGH: Mary Jane V. Goetzfried
Chief, Current Development Section
FROM: E -Stan Boling REFERENCES:
•t 'h'v+ Staff Planner
It is requested that the following information be given formal
consideration by the Board of County Commissioners at their
regular meeting on May 8, 1985.
DESCRIPTION AND CONDITIONS:
Laurel Court is a ± 9.8 acre, 31 lot subdivision located
between 12th and 14th Streets, east of 42nd Avenue. For
review purposes, the property is zoned R-1, Single Family
Residential (6.2 dwelling units/acre) and has a LD -2, Low -Den-
sity Residential (6 dwelling units/acre) land use designation.
The property is now zoned RS -6 (Residential Single Family up
to 6 units/acre). The proposed building density is -3.16
dwelling units/acre. All streets and easements are to be
dedicated to the County.
18
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The applicant (Laurel Builders, Inc.) received preliminary
plat approval on January 19, 1983, and an 18 month extension
on June 20, 1984. Laurel Builders, Inc. is now requesting
final plat approval and has submitted the following: the
project engineers' certification of the cost of improvements,
an executed warranty maintenance agreement, a maintenance bond
in the amount of $35,000.00 which represents 250 of the cost
of improvements, and a final plat that is in conformance with
the approved preliminary plat.
ALTERNATIVES AND ANALYSIS:
This application has been reviewed and approved by all of the
appropriate County departments. The Public Works Division has
inspected and given final approval to all of the constructed
subdivision improvements. The Public Works Division has also
approved the arrangements made by the developer guaranteeing
the performance and maintenance of all improvements. The City
of Vero Beach has verified that it will be accepting the
installed water and .sewer systems. The County Attorney's
Office has reviewed the submitted warranty maintenance
agreement and the maintenance bond and has indicated that
these documents are acceptable to the County. The submitted
final plat and application materials have met all applicable
County zoning and subdivision regulations.
RECOMMENDATION: ---
Staff recommends that the Board of County Commissioners grant
final plat approval to Laurel Court subdivision and accept the
submitted warranty maintenance agreement and maintenance bond.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously granted
final plat approval for Laurel Court Subdivision
and accepted warranty maintenance agreement and
maintenance bond, as recommended by staff.
J. Execution of Contracts for Radio Tower Space
ON MOTION by Commissioner Scurlock, SECONDED -by
Commissioner Bowman, the Board unanimously
authorized the execution of contracts for radio
space at the tower located at Kiwanis-Hobart Park with
the City of Sebastian; the Indian River County
Sheriff's Department; the School District of Indian
River County; the Indian River County Volunteer
Ambulance Squad; and the Property Appraiser of Indian
River County.
AGREEMENTS WILL BE PLACED ON FILE IN THE OFFICE OF THE CLERK WHEN
FULLY EXECUTED AND RECEIVED
19
MAY 8 1995 BOOK 60 F, ,E 814
J
MAY 8 1985 BOOK 6 0 r',�,F8i5
PROCLAMATION - BOWL FOR HEALTH WEEK
Chairman Lyons read the following proclamation aloud and
presented it to Drew Skinner and Bob Stanford, league division
winners at Sabal Palms Bowl.
P R O C L A M A T I O N
`WHEREAS, the Er 0_Ua0 Lanes and Sabal Palm Bowl are
members of the EAST CENTRAL BOWLING PROPRIETORS ASSOCIATION;. and
WHEREAS, bowling is part of the United States Olympic
games, and is one of the largest participating sports in the
world; and
4 ^� WHEREAS, approximately 8,000 citizens of. Indian River
'County take part in bowling activities as it is recognized as a
sport. for all ages; and
-WHEREAS,
bowling. is part of the President's physical
fitness program; and
'•" ` WHEREAS, the Vero 'Beach Press Journal will join with
.the EAST CENTRAL BOWLING PROPRIETORS ASSOCIATION in sponsoring
:*BOWL FOR HEALTH WEER, and will be offering a special of bowl.one .
,game,get one game free. .-
2�o.,y NOW, THEREFORE, BE IT PROCLAIMED BY THE:BOARD OF COUNTY.
COMMISSIONERS, Indian River County, that May 13.through'May 19,
1985 be obseved as
BOWL FOR HEALTH WEEK
and the Board asks the residents of Indian River County to give
recognition to the benefits to be gained. from the sport of
bowling.
BOARD OF OUNTY COMMISSIONERS
S INDIAN I R COUNTY, FLORIDA
ATTEST:
Freda Wright, C1e#
Adopted: May 8, 19,85
PROCLAMATION - TEACHER APPRECIATION WEEK
Chairman Lyons read the following proclamation aloud and
presented it to Ann Lanier who received it in behalf of all the
teachers in Indian River County.
PROCLAMATION FOR
"TEACHER APPRECIATION WEER"
WHEREAS, a• strong, effective system of free'•.public
education* for all .children '.and youth is essentia.0,to .--our
democratic'systemof government= -an v
i -' • Hsi �a^. r .F ' :. tk' • . . +.... ,� i xy,..�,� :: y' 4 e•p��.�`$' �.;tl� ,v
" WHEREAS, the Indian River`C6unty.School system has made
Ric .d
considerable progress in the social, technological and sciwenttific
fields due to our system of free and universal public ..education=
.•
sand`Y+y yY4`s`� sr :� { :` : ftv r_•xW: {r +a ��v itis„ ••..ggr3rh • y.�
t�.- � _ .ir,ii'}}.• ,L�4'°. t f,.•:.y ,
"iT d r ;WHEREAS, much of this progress can -be attributed to- the;
4iar. A• i. �„;, -a i�.y -i•'.'y fY� <;.•e' ai:t?Ai•aMx,
qualified _
..and - dedicated :teachers entrusted with educational_
development of our children and their full potentials= and'
,.WHEREAS, teachers should be accordedyhigh pubIllc esteem,
1 .f�•i a Y .� :�a .: 1:r '' 14.i f" :t:rt 4�• �,� -1 te. ?Y.. -k Rw:.
-reflecting- :. the. value .that , the . community •places on" tipnblic'.
education; and
. ; ..,•. ;,�, �' ..�, - ``� a •;
WHEREAS,' it is appropriate that teachers..be recognized
for their dedication and commitment to educating their students a
of+w NOW "'THEREFORE, THE BOARD OF COUNTY 'COMMISSIONERS 0,
r 6 f f r 5xyrw' a3ti'
INDIAN RIVER COUNTY, FLORIDA, hereby proclaims -`-.May .13th thro
ugh
• -.:.fit,, r� y>.+ie -� r� s 4"°� w Jtr r_
, ' K d , �� „Fe fe•
May:19th, 1985, as J1 �►,y _ A ._ �, �.�, .' 5 x R
"TEACHER APPRECIATION WEER" 'fy� �
1. •` .. ..
in yIndian River County, Florida !''and urges all citizens :to:pay�
�
tribute to our public school teachers. .' x.
BOARD OF COUNTY COMMISSIONERS OF .
INDIAN COUNTY, FLORIDA +'
F:4. Yi
_ BY _
ATRICR B. LYO
Chairman
Attest,: Q
FREDA WRIGHT
Clerk of Circuit Court
21
MAY 8 1985 BOOK 60 PAIGE 816
MAY
81985
BOOK
60 F,,,c
817
PUBLIC HEARING
- NANCY COOK REQUEST TO REZONE 4.3 ACRES
FROM
SINGLE-FAMILY RESIDENTIAL DISTRICT TO MULTIPLE FAMILY DISTRICT
The hour of 9:15 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication, to
wit:_ VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann. Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at VeroBeachin Indian River County, Florida: that the attached copy of advertisement, being
a ,Ll�.zct/
in the matter of
in the , //••ff /// Court, was pub -
fished in said newspaper in the issues of ezhi�/ /r a, /Zf,5
Affiant further says that the said Vero Beach Press.Joumal 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.
Swom to and subscribed before ma this tlay A.D.19 ��
(Rusin anger
.r:n
(Clerk of the Circuit Court, Indian River County, Flo id&)
NOTICE— PUBLIC HEARING,007C
Notice of. hearing to consider the adoption of
a County ordinance rezoning land from 1, Sk►-
gle-Family District to RM -6. Multiple-Famlly Reel -
an
The subject property Is presently
owned by Nancy C. Cook and IS located 'A mile
south of 8th Street (Glendale Road/C.R.810) and.
east of Old Dixie Highway."' •' . ` ,` 1b
The subject property is desbribed atx
That part of the following described par -
"Cal of real pro= lying West of Old :+T
!.Dbde Highway: Beginning 120' South of:;,ij,
the NE comer =nine
SE'A of the NW'b4,31
thence run South 185': thence West'
.. 1320'; thence North.185'; then run
.; East 1320' to the Potts of Beginning• said . _ •,;
properly lying and being in the SE'/. of
the '/. of Section 13, Township 333,
Range 39E. All land lying and being In
Indian River County, Florida...: • __ ; •)
A public hearing at which partes in interest
and old ehaiI have an opportunity to be
heard, will be held by the Board of County Com
mialloners of Indian River County, Florida, in the
County Commission Chambers of .the County
Administration Building, located at 1830 25th
Street, Vero Beach, Florida on Wednesday. May
8,1985. at 9:15 a.m. t' .:.. :: :,: • .
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 verbs-.
tlm record of the proceedings is made, which In.
eludes testimony 'and evidence upon which the
appeal is based. -.,J ; 1
Indian River Coi my
Board of County Commissioners
ET. -s -Patrick B. Lyons,
Chairman ,
April 18. 30,1985
(SEAL)
Richard Shearer, Chief of Long -Range Planning, reviewed the
following memo dated 4/26/85:
TO: The Honorable Members DATE: April 26, 1985 FILE:
of the Board of County
Commissioners
NANCY COOK REQUEST TO
DIVISION HEAD CONCURRENCE: REZONE 4.3 ACRES FROM
J
SUBJECT: RS -6, SINGLE-FAMILY
RESIDENTIAL DISTRICT
Robert M. Keat ng ICP TO RM -61 MULTIPLE -FAMILY
Planning & Development Director DISTRICT
FROM: R1 15 hard Shearer, AICD REFERENCES: ZC-126 Memo
Chief, Long -Range Planning RICH2
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of May 8, 1985.
DESCRIPTION & CONDITIONS
Nancy Cook, the owner, is requesting to rezone 4.3 acres
located on the west side of Old Dixie Highway and north of 5th
Place from RS -6, Single -Family Residential District (up to 6
units/acre), to RM -6, Multiple -Family Residential District (up
to 6 units/acre).
22
1
The applicant intends to develop this property for duplexes or
multiple -family residences.
On March 28, 1985, the Planning and Zoning Commission voted
5 -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 environ-
mental quality. -
Existing Land Use Pattern
The subject property contains a single-family dwelling and
undeveloped land. North of the subject property --is Colonial
Heights, a multiple -family and single-family attached develop-
ment approved at a density of 8 units/acre-which is zoned RM -8,
Multiple -Family Residential District (up to 8 units/acre). In
addition, there are some vacant lots north of the subject
property, which are occasionally used to store automobiles, and
a single-family dwelling zoned RS -6. East of the subject
property, across Old Dixie Highway, is a wrecker service and
body shop zoned C-lA, Restricted Commercial District, and
undeveloped land zoned C-2, Heavy Commercial District. South
of the subject property is Hickory Sands, a -.-single-family
subdivision developed as a density of 4 units/acre. which is
zoned RS -6. West of the subject property are single-family
dwellings zoned RS -6.
Future Land Use Pattern
The Comprehensive Plan designates the east 300 feet of the
subject property, and the land north, south, and east of it, as
part of the U.S.1 MXD, Mixed -Use Corridor (up to 6 units/acre).
The west 800 feet of the subject property, and the land north,
south, and west of it, is designated as LD -2, Low -Density
Residential 2 (up to 6 units/acre).
The proposed rezoning to RM -6 is in conformance with the
residential density limitations in both the MXD and LD -2 land
use designations. The Comprehensive Plan states that within
MXD areas development will be regulated by the zoning ordinance
in accordance with the predominant land use pattern. Based on
the mixture of land uses in this area, including heavy commer-
cial, multiple -family, single-family attached, single-family
detached, and vacant land, there does not seem to be a dominant
land use pattern. However, the land on the west side of Old
Dixie Highway is predominantly residential.
The proposed rezoning to RM -6 would allow the subject property
to be developed for multiple -family dwellings at --6 units/acre
between a multiple -family development of 8 units/acre to the
north and a single-family development of approximately 4
units/acre to the south. In addition, this proposal would
provide a good buffer between the heavy commercial uses east of
the subject property and'the single-family development to the
west.
23
BOOK 60 F° Gr 818
MAY 8 1985 BOOK
Transportation System
The subject property has direct access to Old Dixie Highway
(classified as a secondary collector street on the Thoroughfare
Plan). The maximum development of the subject property under
RM -6 zoning could generate up to 175 average annual daily trips
(AADT). The present R-1 zoning would allow development that
could generate up to 250 AADT. Old Dixie Highway currently
carries 11,300 AADT in this area at the upper limit of level -
of -service "C". Level -of -service "C" reflects the lowest
level -of -service at which stable traffic flow can be main-
tained.
Environment
The subject property is not designated as environmentally
sensitive nor is it in a flood -prone area. However, the
subject property lies on the Sand Ridge, an important aquifer
recharge area. Clustered development is desirable in aquifer
recharge areas.
Utilities
11
A County water main runs along the west side of Old Dixie
Highway. County wastewater facilities are not available for
the subject property.
RECOMMENDATION
Based on the above analysis, particularly the fact that. this
proposed rezoning would provide a good buffer among the exis-
ting land uses and the Planning and Zoning Commission's.
recommendation, staff recommends approval.
Chairman Lyons opened the Public Hearing and asked if anyone
wished to be heard in this matter.
David Rever of Carter Associates, speaking in behalf of the
applicant, reported that a number of concerned residents had
attended the Planning 6 Zoning meeting. After meeting with those
people, he believes that no one still objects to the rezoning.
He explained that the Cooks' are planning to build quality
duplexes on the property which is approximately 163 feet wide.
Planning 6 Development Director Robert Keating stated that
the zoning would be changed from 6 units per unit single family
to 6 units per acre multiple family, and Mr. Shearer noted that
the property to the north was zoned to 8 units per acre.
Chairman Lyons requested that the following letter be made a
part of the record:
24
May 3, 1985
Board of County Commissioner
1840 25th Street
Vero Beach, Florida 32960
Re: Nancy Cook rezoning request
Gentlemen:
Due to the hour of this hearing, 9:15 AM, I will be unable to attend this
meeting as I have to work for a living as do most of my neighbors.
About 1 or 2 months ago this hearing came before the Planning and Zonning
Board and most of my neighbors attended, all except three families. We are
all very much opposed to the poposed zoning change in this property.
Two years ago Mr. Zorc requested a rezoning of the property located just to
the north of this property. A stipulation was made at that time that he could
build multi -family dwellings in the center area but that single family
dwellings would be put up around the outside of his area. I understand now
that he was simply making a gentleman's agreement which meant absolutely
nothing to him. It seems there is nothing on record concerning the single
family dwellings on the outside of that property.
All of - the families on Fifth Place are on well water. We do not wish to have
our water tainted with sewage which will surely happen if subject property
going before this hearing is allowed to be rezoned multi -family along with the
multi -family dwellings already present to the north of this area.
Another problem will be with the added traffic burden in this area. We
already have a hard time trying to enter Old Dixie from Fifth Place. This
added traffic will only cause more confusion to this area.
The property to the south of us is being built up with single family
dwellings. The property owners in this area were beingafforded a decent
value rating on their property. However, with these Government quarters type
housing going in to the north of this subject property what can we expect out
of multi -family dwellings being built on this subject property.
As was brought up at the hearing before the Planning & Zoning Board the people
adjacent to this property have beautiful homes some with swimming pools in
their back yards surrounded by fencing. However, if the same type housing
goes up on the subject property as did on the property to the north these
people will have people constantly staring down into their back yards while
they are trying to enjoy themselves in privacy.
Two years ago the property immediately north of the subject property was
rezoned from R-1 to R -2B with a promisa from the County Commission to the
residents of Colonial Terrace and Hickory Sands, that if they would not oppose
the rezoning, certain things would be done to satisfy all concerned:
1. The R -2B would have multi -family dwellings build in the center area
with single family dwellings built in the periphery.
2. The commission would not, in the future, rezone any property in this
area from it's R-1 zoning.
25
BOOK 60 PALE.820
MAY 8 1985 . BOOK 6.6
I request the commission to visit the property that it rezoned to R -2B and
observe what is being built and ask them to determine if item 1 is in
accordance with the concessions made. The answer is obviously no. Then if,.
of course, the Commission has no legal jurisdiction over the contractor to
restrain him or her to not go outside the boundries of oral agreemtn, it is
the duty of the commission tp abide by it's promisecovered in item 2.
My husband and I spent 24 years in the military defending the freedoms of the
common ordinary citizen. Now we come back home to retire in the community
where my husband was born and grew up and enjoy the remaining years of our
lives in some sort of peace and harmony with our neighbors feeling we have a
right to expect some sort of reward from society after sacrificing 24 years of
our lives to this country. What freedoms did my husband fight for, what
freedoms will be afforded us after traveling, around the world for 24 years
defending the freedoms we thought we would have. Now we come home and ask
that just a little bit of justice be done.
PLEASE THINK TWICE BEFORE REZONING THIS AREA MULTI -FAMILY..
Thank you for your kind consideration in this matter.
Very truly yours,
Carol Allen
975 5th Place
Vero Beach, Florida 32962
Frank Zorc, local builder, questioned the 6 units per acre
density as he felt there was an inconsistency in this situation.
He felt that many people at the Planning
S Zoning meeting were
misled by the Planning staff into believing that there was no
difference between 6 units per acre single family and 6 units per
acre for multiple family, but this is incorrect because when you
go to multiple you can build a much smaller unit and, therefore,
have a much better chance to achieveour highest density than
Y 9 Y
you do with single family.
Director Keating hoped that staff did not imply that at the
Planning 6 Zoning meeting, because there is a substantial
difference between the two districts. There is more discretion
for the applicant as to how he develops a site, and there is an
ability to save trees, and be a little more creative in putting
in the whole infrastructure with a site plan rather than a plat.
There are some negative aspects associated with Multiple Family,
such as smaller units; however, that usually means fewer people.
He felt that most of the people at the P S Z meeting were
concerned about three-story buildings at 35' heights, but he
26
J.
pointed out that 35' high buildings are allowed in Single Family
districts also.
Chairman Lyons asked Frank Zorc if he was the developer of
the multiple family project on 6th Street, and Mr. Zorc stated he
was not, and that the only land they still own are lots 14
through 20 on 9th Court, which is zoned R2 -B, Multiple -Family,
but cannot be used because of objections raised in the past.
Chairman Lyons was curious why Mrs. Allen referred to that
project as being government quarters type of housing because when
he drove by there yesterday to take a look at what is being built
out there, he did not find it very objectionable.
Mr. Zorc explained that he built only the first unit in that
subdivision, a Spanish type home. He felt that the proposed
rezoning was not fair since the applicants' property abuts other
property that is restricted to single family even though it is
zoned multiple family at 8 units per acre. Speaking as a part
owner and trustee for owners in Colonial Heights, Mr. Zorc, who
owns Lots 14-20, urged the Board to consider a more consistent
phasing of densities in order to protect everyone, such as
allowing 8 units per acre to remain in the central section of.
Colonial Heights and permit 4 upa on the land he owns and 4 upa
on the applicants' property. As it stands right now, Mr. Zorc
emphasized that on Lots 14-20 he is faced with building only 2
units per acre when someone next door could go to 4 units per
acre.
Commissioner Scurlock felt Mr. Zorc had a valid point, and
asked Attorney Brandenburg if we have the legal ability to take
any action on Mr. Zorc's property today.
Attorney Brandenburg advised that another hearing would have
to be scheduled for Mr. Zorc's request. He believed, however,
that the single family requirement was due to a deed restriction
being placed on Mr. Zorc's plat back then. He explained that
could be resolved by either vacating the restriction on the plat
27 UU
BOOK 0 P��GE O?�
MAY � 1��
MAY 8 1995
BOOK
60 F',GE S?
or by the County executing a separate agreement that would
accomplish the same thing and recording it in the public records.
Commissioner Wodtke pointed out that we are dealing with an
odd -shaped piece of property which is long and narrow.
Chairman Lyons believed that the neighborhood to the south
actually deserves more protection than the neighborhood to the
west of Mr. Zorc's property because of how the buildings and
yards are maintained.
Mr. Zorc stated that he was glad that Chairman Lyons made
that point.
Commissioner Bird asked Mr. Zorc what densities he could
build at, and Mr. Zorc stated that he no longer owned lots 9-13,
but the new owners could build at 8 units per acre and it could
be multiple family.
Commissioner Bird wanted to come up with some type of
reasonable use for the Cook property, considering the mixed
zoning that is in the area, and Mr. Zorc again suggested that
they be allowed to go at 4 units per acre.
Chairman Lyons agreed that Mr. Zorc has pointed out an
inconsistency, but he did not believe we could take any action on
that today. He asked if we were anywhere near to having an
arrangement where the zoning and the site plan can be presented
simultaneously, and Attorney Brandenburg advised that the Board
currently has that ability under the PRD ordinance (Planned
Residential Development); however, developers do not necessarily
have to use the PRD to accomplish some things.
Commissioner Bowman was concerned about the sewage problems
that might result from higher densities.
Nancy Cook, applicant, felt that what she and her husband
were asking is reasonable, and pointed out that they are
considering the neighbors needs with respect to water and sewage.
They feel that they can handle these problems and put in some
nice facilities there, but they do want to be able to use their
property at its highest and best use.
28
Commissioner Bird pointed out that many people opposed this
rezoning at the Planning & Zoning meeting, and Mrs. Cook stated
that they talked with those people after that meeting and assured
them that they would not build something like the developer has
on the property to the north.
Chairman Lyons did not question the Cooks' good intentions,
but pointed out that once the property is rezoned, situations can
change, the land could be sold, and then there is no guarantee
that the Cook's intentions will be carried out.
Mrs. Cook felt this would be a good buffer between the north
and south side and if the residents want it maintained as a open
area, they could get together and buy the property.
Commissioner Scurlock pointed out that we should provide the
same kind of protection and thought process for the single family
residences to the south as we did to those in the west, as he was
not particularly interested in Mr. Zorc's approach in trying to
get higher densities than we allowed him in the past. He felt
the Board went through a lot of discussion to provide that buffer
and if it held true there, he wanted to make sure that we give
equal protection to the residents to the south.
Dave Rever explained that the question of sewers would be
handled at site plan as they anticipate they will have to hold
the densities down due to State requirements. He noted that
public water is available.
Commissioner Bowman pointed out that the property is on the
sand ridge with an aquifer underneath.
Bob Cook explained that he and his wife intend to build
duplexes because he is concerned about young people having to
leave the County to find affordable housing. He stressed that he
is retired and has time on his hands and this is something he
would like to do.
Chairman Lyons repeated that he did not doubt the Cooks'
good intentions, but still felt that things can change and he was
29
MAY 81985 BOOK 60 8?4
r
MAY
81985
BOOK 60
i,F1-186
looking for a way to
be sure that this piece of property is
developed in the manner the Cooks' have presented.
Mr. Shearer noted that we do have an RT -6 district which
would limit a development to duplexes.
Chairman Lyons asked the Cooks' if that would be acceptable
to them, and Mr. Cook stated it would.
Attorney Brandenburg, however, advised that a change in the
rezoning request would have to be readvertised.
Commissioner Bowman felt that the Cook's intentions are
good, but pointed out that their neighbors are worried that they
may be building two-story homes.
Mr. Cook stated that the neighbors were welcome to buy the
property and keep it open space, and asked what would happen if
they did build two story units.
Mrs. Cook pointed out that some people in that subdivision
plan to build a second story on their homes.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman, the Board unanimously
closed the Public Hearing.
Chairman Lyons felt it is significant that no one is here
today from the neighborhood and Commissioners Wodtke and Bird
agreed.
Commissioner Wodtke noted that while there are times the
Board would like assurance that peoples' intentions will be
carried out, he felt this particular rezoning should be approved.
30
I
MOTION WAS MADE by Commissioner Wodtke, SECONDED by
Commissioner Bird, that the Board adopt Ordinance
85-43, rezoning 4.3 acres from RS -6, Single Family
Residential District to RM -6, Multiple Family District
as requested by Nancy Cook.
Under discussion, Commissioner Bird pointed out that
approval of the rezoning was the unanimous recommendation of the
Planning 8 Zoning Commission, as well as staff's recommendation.
Commissioner Bowman believed that multiple family was the
best use for this particular piece of property.
Chairman Lyons stated he had planned to vote against the
rezoning, but in view of the fact that there is no one here from
the neighborhood, he would vote for rezoning.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
passed unanimously.
Attorney Brandenburg advised Mr. Zorc that if he would apply
to the County for a restriction on his plat, the Planning
Department would do a thorough analysis of it and bring it back
to the Board at a County Commission meeting.
31
BOOK 60 N�JF 8z6
r�
54MY -8 1985 ORDINANCE N0. 8 5 - 43 BOOK �� F�1ur ®�
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:
That part of the following described parcel of real
property lying West of Old Dixie Highway: Beginning
120' South of the NE corner of the SE4 of the NWS;
thence run South 1651; thence West 13201; thence
North 1651; hence run East 1320' to the Point of
Beginning; said property lying and being in the SEk
of the NWS of Section 13, Township 33S, Range 39E.
All land lying and being in Indian River County,
Florida.
Be changed from RS -6, Single -Family Residential District
to RM -6, Multiple -Family Residential 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 8th day of May
1985.
BOARD 0 C UNTY COMMISSIONERS
OF IN RIVER COUNTY
3
B
PATRICK B. LrAS
Chairman �J_
Acknowledgment by the Department of State of the State of
Florida this 13th day of May , 1985.
Effective Date: Acknowledgment from the Department of State
received on this 16th day of May , 1985, at 11'A.M./P.M.
and filed in the office of the Clerk of the Board -of ounty
Commissioners of Indian River County, Florida.
APPROVED AS -TO ---FORM AND
LEGAL SUFFICIENCX.
�,, Qpunty Attorney
1
PUBLIC HEARING - ANTHONY REQUEST FOR PLAT VACATION FOR A PORTION
OF THE REPLAT OF VERO BEACH HEIGHTS
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 Beech Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a �J
In the matter of
Id 1�1
In the Court, was pub-
lished in said newspaper In the Issues of
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach• in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed before me this O day?,* A.D. 19 Jr
1 (B iq s Man r)
Er
01 /
t ) (Clerk of the Circuit Court, Indian River County, .16rida)
(SEAL)
r NOTICE -NMC NEARIN sajfip�';
Notice of hearing td'eonsider vecati a por-.
tion of the plat known,as the Replatof Vero
Beach Heights, recorded In Plat Book " 99.8
of the public records of Indian RhW
Florida.
..,a ,The subject propOrly Is described
,That portion of the plat known as the Re-;
4ft of Vero Beach Heights, recorded in';
�tt Book 3.'Page B of the publk records • .
of Indian Ri w County,.Floridq, that Ues
within the North '.Wof Tract 4, 3ectioti 27,•'
Township 32 South, Range 39 F_ast,: ao-
cording to the last general plat of lands .,.
of Indian Rhw Farms Company re.
corded in Plat Book 2r Page 25, Public, -<+
Records of St. Lucie County, Florida.—
said lands lying wholly in Indian River .
County, Florida. The plat covering said
subject property . Includes dedicated .
streets and easements.4�4a ..
The Board of County"Commlastoners win
con-
duct a public hearing regarding the plat vacation
request The public hearing, at which parties in
Interest and citizens shall havean rtunity to
be heard, will be held by said Boats of County
Commissioners in the County. Commission
Chambers of the County Administration Building,
located at 1840 25th Strest, Vero Beach, Florida,
on Wednesday, May 8,1985, at 9:45 a.m
If any 'person decides to appeal any dechsimr
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 In.
appdeeal ebamony and evidence upon which the
Indian River County �.
Board of County Commissioners
By: -S -Patrick B. Lyons, Chairman
April 18. 30.1985
Staff Planner Stan Boling reviewed the following memo dated
4/23/85:
TO: The Honorable Members DATE: April 23, 19.85c c u
of the Board of Countyi%E`,
Commissioners
DIVISION HEAD CONCURRENCE:
PLAT VACATION REQUEST FOR
SUBJECT: A PORTION OF THE REPLAT OF
Ro ert M. KeatinA •. VERO BEACH HEIGHTS
Planning & Devel�, me t Director
1�►,THROUGH: Mary Jane V. Goetzfried
J Chief; Current Development Section
FROM: Stan Boling REFERENCES:
4.6, Staff Planner
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of May 8, 1985.
3 3 BOOK 0 P�.GE ®2®
Y 0 1995
DESCRIPTION AND CONDITIONS:
BOOK 610 FD:,E Q 29
The applicants, Vincent J. and Gary J. Anthony, request that
the Board of County Commissioners vacate a portion of the
Replat of Vero Beach Heights. Approximately half of the replat
is located on the Anthonys' property, which includes the future
site of a low-cost housing project. The remaining portion of
the replat is situated on the Indian River County School
Board's Clemans Elementary School site. The replat shows no
lots, but does depict what appears to be a road right-of-way.
No roads exist on the property.
The applicants are requesting the plat vacation to clear title
on their property so that arrangements can be made to begin
construction of their housing project.
ALTERNATIVES AND ANALYSIS:
Although the replat is not shown on the county tax parcel maps,
the replat has never been officially vacated. The Clemans
Elementary School site and the housing project site (which
received site plan approval on January 10, 1985) occupy most of
the area covered by the replat. It is the opinion of staff
that the County needs no interest in rights-of-way or easements
indicated on the replat.
According to Chapter 177.101 of the Florida Statutes, the Board
of County Commissioners must ascertain three facts before it
approves a plat vacation request. These facts are:
1) that the applicant(s) hold fee simple title to the
land for which the request is being made,
2) that the vacation, if approved by the Board of County
Commissioners, will not affect the ownership or right
of convenient access of residents within the subdivi-
sion.
3) that all back taxes on the subject property have been
paid.
The applicants have submitted deeds to the Planning Department
showing that they hold fee simple title to the land in ques-
tion. The partial plat vacation would not affect rights of
convenient access of any residents. Also, documentation has
been submitted by the Indian River County Tax Collector's
office certifying that all back taxes on the property have been
paid. Thus, all state requirements concerning plat vacation
have been met..
RECOMMENDATION:
Staff recommends that the Board of County Commissioners adopt
the attached resolution vacating a portion of the Replat of
Vero Beach Heights.
34
Mr. Boling pointed out the area to be vacated on a plat map.
Attorney Brandenburg recalled that sometime ago, the Board
denied a rezoning request which would have allowed a convenience
store to be built on this corner. Mr. Anthony sued the Board and
lost in Circuit Court; however, the case is now in the Fourth
District Court of Appeals.
Chairman Lyons opened the Public Hearing and asked if anyone
wished to be heard in this matter.
Cecile Evans, attorney representing the Anthonys, pointed
out that no property has ever been conveyed on this particular
plat under the law as described on the plat, nor have any roads
ever been constructed in accordance with the way it appears in
the plat. She stressed that the plat was placed on the property
back in 1950 and since that time it has not been put on the plat
maps of Indian River County, and In fact, it might not even be
recognized. Attorney Evans felt that since there is ho public
interest to be protected here, the plat vacation should be
granted.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously closed
the Public Hearing.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wodtke, the Board unanimously adopted
Resolution 85-47, providing for the vacation of that
portion of the replat of Vero Beach Heights that lies
within the north one-half of Tract 4, Section 27,
Township 32 South, Range 39 East in Indian River
County, as requested by Vincent J. Anthony and Gary J.
Anthony.
35
MAY 8 9985 BOOK 60 pnUE.830
� J
-8 1985
RESOLUTION 85-47
BOOK 60 `''XGE 831
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA, PROVIDING FOR THE VACATION OF THAT PORTION OF
THE REPLAT OF VERO BEACH HEIGHTS THAT LIES WITHIN THE NORTH
ONE-HALF OF TRACT 4, SECTION 27, TOWNSHIP 32 SOUTH, RANGE 39
EAST IN INDIAN RIVER COUNTY, FLORIDA.
WHEREAS, on April 8, 1985 the County received a request
from the owners of the property within the area to be vacated,
being Vincent J. Anthony and Gary J. Anthony, asking that the
Board of County Commissioners vacate that portion of the
Replat of Vero Beach Heights as recorded in Plat Book 3, Page
6, Public Records of Indian River County, Florida, as described
below.
WHEREAS, in accordance with Florida Statutes 5177.101,
notice of a public hearing to consider said request has been
duly published; and
WHEREAS, after consideration of the request, supporting
documents, staff investigation and report, and testimony of all
those interested and present, the Board finds that said portion
of subject plat is held in fee simple ownership by the appli-
cants, that all back taxes on the subject property have been
paid to date, and that vacation of the subject portion of the
plat will not affect the ownership or right of convenient
access of persons owning other parts of the Replat of Vero
Beach Heights.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:
1. That portion of the Replat of Vero Beach Heights described
as,
That portion of the plat known as the Replat of Vero Beach
Heights, recorded in Plat Book 3, Page 6 of the public
records of Indian River County, Florida, that lies within
the North 1/2 of Tract 4, Section 27, Township 32 South,
Range 39 East, according to the last general plat of lands
of Indian. River Farms Company recorded in Plat Book 2,
Page 25, Public Records of St. Lucie County, Florida, said
lands lying wholly in Indian River County, Florida,
is hereby vacated and said property is hereby returned to
unplatted acreage, pursuant to the authority vested in the
Board by F.S. 177.101(3).
2. Notice of the adoption of this resolution shall be forth-
with 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 177.101 in the Official Record Books of Indian River
County without undue delay
No. 85-47
The foregoing resolution/ was offered by Commissioner
Scurlock who moved its adoption. The motion was
seconded by Commissioner Wodtke , and upon being put
to a vote, the vote was as follows:
Chairman Patrick B. Lyons Aye
Vice -Chairman Don C. Scurlock, Jr. Aye
Commissioner Richard N. Bird Aye
Commissioner Maggy Bowman Aye
Commissioner William C. Wodtke, Jr. Aye
The Chairman thereupon declared the resolution duly passed
and adopted this 8th day of luau , 1985
.:AttestC711
�REDA
STA'ii
''',,,,,,COUNTY
F FLORIDA
OF INDIAN RIVER
BOARD
OF IND
XOMMISSIONERS
COUNTY, FLORIDA
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in this State and County to take acknowledge= S7�
ments, personally appeared PATRICK B. LYONS and FREDA WRIGHT,a
as Chairman of the Board of County Commissioners and Clerk,
respectively, to me known to be the persons described in and
who executed the foregoing instrument and they acknowledged
before me that they executed the same.
WITNESS my hand and official seal in t e County and State
last aforesaid this day of A.D.,
1985.
APPROVED O FORM AND LEGAL
SUFFICIE CY
4'taurw�
X._R� BRANDENBURG
ou Attorney
1
Nota y Pu is
AOfiARY PQ7BL_C StA'f€ OF F�OR�J�
WNDED 7HRU GENERAL WSURANCE Idly
MY COMMISSION EXPIRES JULY 41944
A BOOK U0 ��9,� 83 Y 198
m.AY 8 1985
BOOK 6 0 FAGE 83
PUBLIC HEARING - CLOCK RESTAURANT SITE PLAN APPROVAL APPEAL
The hour of 10:00 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to wit:
VERO BEACH PRESS -JOURNAL
Published Dally
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 7f� -
In the matter of 6�
In the Court, was pub•
fished in said newspaper In the issues of .3d. �yits
Affiant further says that the said Vero Beach Press-Joumal 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. O
Sworn to and subscribed before me this () y of D. 19 G S
(Busine s anager)
(SEAL) (Clerk of the Circuit Court, Indian River County, Floriflal
NOTICE OF PUBLIC r r:
.;REGARDING APPEAL OF
SITE PLAN APPROVAL =
"bh January 24, 1985, the Planning and Zonirg
Commission of Indian RMer County, Florlk"W eR-
ting as the local planning agency, approved the
site plan application submitted. by -the CLOCK
RESTAURANT, INC. to modBy current site Im-
provements of the Clock Restaurant, located at
74414th Street, Vero Beach, Florida.
The Indian Rkm Couety•Board of'Courdy
Commissioners will conduct a public hearing raa
garding the appeal by Sandra Howard. Robert G.
Mooney ° and The Patio Shop; Inc. of the decision
by the Planning and Zoning Commiseton to ap-
prove the site plan. The public hearing. at which
parties in Interest and dtizens shall have an op-
sold Board
of CCarnty Commi-to be ssioners 1 the Couwill be hold r ty Commis -
son Chambers of the County Administration
Building.. located at 1840 25th Street. Vero
Beach. Florida, on Wednesday. May S. 1985, at
10:00a.m.
If any person decides to appeal any decision
made on the above matter. tie may need to en-
sure that a verbatim record of the proceedings is
made, which includes testimony and evidence
upon -which the appeal Is based.
Indian River County I!, ±As 7' ` ,-c-
Board of County Commissioners I_
By.--s-Patrick S. Lyons. Chairman S
April 19, 30.1985
The Board reviewed the following memo dated 4/30/85;
TO: The Honorable Members DATE: April 30, 1985 FELE:
of the Board of
County Commissioners
DIVISION HEAD CONCURRENCE
Clock
Restaurant
SUBJECT: Sitelan/
approval
Robert M. Kea in AICP - P PProval appeal
,
Planning & Development Director
FROM: Mary Jane V. Goetzfried REFERENCES:
Chief, Current Development Section
It is recommended that the data herein presented be given
formal consideration by the Board of County Commissioners at
their regular meeting of May 8, 1985.
�'
DESCRIPTION AND CONDITIONS:
In December of 1984, a site plan application was submitted by
Darrell McQueen, P.E. on behalf of the Clock Restaurant, Inc.
The submittal was prompted by an order issued by the Code
Enforcement Board, which required the applicant to comply with
current development code regulations, or to re -construct the
site as it was originally approved in 1976. The basis for the
Code Enforcement Board order was the fact that the site was
developed in conflict with the approved site plan as well as
in conflict with various zoning code requirements, and this
constituted a violation of county ordinances. The order
required the applicant to submit a site plan application
depicting proposed site improvements which will comply with the
requirements of the stormwater management ordinance, the
landscape ordinance and the off-street parking ordinance..
The Clock Restaurant is located on the northeast corner of U.S.
Highway 1 and 14th Street.
On January 24, 1985, the Planning and Zoning Commission ap-
proved a revised site plan application which is in conformance
with the order issued by the Code Enforcement Board.
Pursuant to Section 23(i) Appendix A of the County Code, Robert
Mooney and Sandra Howard d/b/a the Patio Shop, filed an appeal
with the Board of County Commissioners to review the action of
the Planning and Zoning Commission. The Patio Shop is located
on the southeast corner of U.S. Highway #1 and 14th Street.
The appeal is based'on the off-site improvements which are to
be constructed within the 35 feet lying between the Clock
Restaurant and the Patio Shop. The 35 feet, commonly known as
14th Street is by record, private property owned by an indi-
vidual; however, in reality, a prescriptive easement probably
exists over the paved area, which provides access to a number
of businesses located on 14th Street.
At this time, the County is in the process of negotiating with
the private property owner to acquire that portion of 14th
Street which is not owned by the public.
RECOMMENDATION:
The Planning staff recommends the public hearing be tabled
until May 22, 1985, pending final resolution of the 14th Street
issue.
Mary Jane Coetzfried, Chief of Current Development,
presented staff's recommendation that the public hearing be
tabled until May 22, 1985, pending final resolution of the 14th
Street issue.
Chairman Lyons opened the Public Hearing and asked if anyone
wished to be heard in this matter. There were none.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously closed
the Public Hearing.
39
BOOK 60 PAGE 8,634
BOOK 60 PA,E 0635
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously tabled
the Public Hearing until May 22, 1985.
SEA OAKS HOTEL - REVISED SITE PLAN APPLICATION
Mary Jane Goetzfried, Chief of Current Development, reviewed
the following memo dated 4/25/85:
TO: DATE: - FILE:
The Honorable Members April 25, 1985
of the -Board of
County Commissioners
DIVISION HEAD CONCURRENCE SUBJECT: Sea Oaks Hotel
Site plan application
Robert M.-Kektipg, AICP file # IRC -8I -SP -14
Pianning & Development Director
FROMMary Jane V. Goetzfried REFERENCES:
�M) Chief, Current Development Section
It is recommended that the data herein presented be given formai
consideration by the Board of County Commissioners at their
regular business meeting of May 8, 1985.
DESCRIPTION AND CONDITIONS:
In January of 1985, the Board of County Commissioners gave
consideration to the validity of the approved Sea Oaks Hotel site -
plan. After lengthy discussion and two public hearings, the
Board unanimously agreed not to take any action that would
terminate the site plan, provided that a revised site plan
application was submitted by April 20, 1985, that reflected the
following items:
1(a) The dedication of 20' of property lying west of and
parallel to State Road A -1-A, to Indian River County, for future
right-of-way needs,
(b) The revised site plan, which was submitted on April 19,
1985, depicts the 20' of property lying immediately west of SR
A -1-A as additional right-of-way to be dedicated by the devel-
oper. The Planning staff anticipates that dedication of the
property will be complete by August 20, 1985.
2(a) A detailed off-street parking plan in conformance with
Section 24, Appendix A of the County Code.
(b) The amended site plan provides sufficient information
which will allow staff to evaluate the proposed off-street
parking plan.
40
3(a) Tree removal and land clearing permit applications and
all support data as required by Chapter 23 1/2 of the County
Code.
(b) The new submittal includes a tree survey and the appro-
priate applications, thus permitting the Environmental Planner to
issue a tree removal and land clearing permit.
4(a) A Type "A" Stormwater Management permit application in
conformance with Chapter 21 1/2 of the Code.
(b) The updated submittal included a Stormwater Management
Permit application which is presently being reviewed by the
Department of Public Works.
5(a) The construction of left turn and deceleration lanes,
the submittal of a traffic impact statement and a $3,240 contri-
bution towards the signalization and widening of the SR A-1-A/CR
510 intersection.
(b) The revised site plan depicts the required off-site
improvements in conformance with Department of Transportation
standards. Also, the application included a traffic impact
statement and a check for $3,240 to be used towards the aforemen-
tioned intersection improvements.
6(a) A proposed construction schedule that indicates the
4 developer's intention to demonstrate a good faith effort to
complete the project
(b) Mr. Nutt has submitted a proposed construction schedule
(attachment #3) that states the entire project will be completed
by September 1, 1987.
CONCLUSION
MAY
The revised site plan, which was submitted on April 19, 1985,
complies with the order issued by the Board of County Commis-
sioners to submit an updated plan by April 20, 1985. The plan
contains adequate information to determine if the project is in
conformance with the applicable ordinances.
Pursuant to the Board's action, the Planning staff will update
the Commission with regard to the progress of construction, at
their regular business meeting of August 21, 1985.
Mrs. Goetzfried confirmed that we have received the
contribution towards the signalization on AIA.
Commissioner Scurlock wished to have additional information
regarding utility taps since representations were made at the
initial hearing that, in fact, "substantial monies" had been
spent and taps for the entire project were reserved. However,
the Board of Directors of the North Beach Water Company have
indicated that they have no developer's agreement directly with
41
BOOK
8 1985
MAY 8 1985 BOOK 60 rAGF.837
Sea Oaks for the hotel project. Commissioner Scurlock wished to
see some documentation that provisions have been made for
utilities, perhaps through some other entity.
Director Keating stated they will definitely check that out
before bringing the site plan back to Board.
Commissioner Scurlock believed the best approach would be to
contact North Beach Water and ask them for written verification
that they have a developer's agreement -or have committed taps to
the Sea Oaks hotel project, and if they say no, then request Mr.
Nutt to provide documentation that he has secured those taps in
some other way.
Commissioner Bowman asked who owns the property on which the
water plant is located, and Attorney Brandenburg advised that
North Beach Water leases it from two developers, one being
Florida Land Company and the other Sea Oaks.
Chairman Lyons believed there was no action to be taken at
this time other than accepting the report with the comments
noted.
FINANCE ADVISORY COMMITTEE REPORT
Commissioner Scurlock reported that some very qualified
firms submitted proposals to the Finance Advisory Committee at
the meeting of April 18, 1985. After reviewing proposals
received from The Leedy Corporation, William R. Hough & Co.,
Glickenhaus & Co., Arch W. Roberts & Co., and M. G. Lewis & Co.,
Inc., the Finance Advisory Committee recommended that the County
retain the underwriting services of M. G. Lewis & Co.
Administrator Wright explained that this will cover
financing on the second phase of the landfill, expansion of
buildings for the County, including the Sheriff's facility, the
underfunding of the new jail, and the golf course. He introduced
Keith Denton and Art Diamond of M. G. Lewis.
42
i
Keith Denton of M. G. Lewis stated their firm is totally
committed to justifying the recommendation of the the Finance
Advisory Committee. He explained that the basis of their
proposal was not only to achieve the County's immediate financial
needs, but to stand back and strategically look at the County's
debt environment in order that it may be structured so as to
provide the County the flexibility to deal with growth impact as
it occurs instead of financing in a crisis situation.
MOTION WAS MADE by -Commissioner Scurlock, SECONDED by
Commissioner Bird, that the Board authorize the
services of M. G. Lewis as outlined by the County
Administrator.
Administrator Wright explained that staff will now sit down
and negotiate with this firm to draft a bond issue to fund the
items discussed. He assumed it would be a negotiated sale to M.
G. Lewis versus a public sale or a bid situation as was the case
with Arch Roberts & Co. on the beach acquisition bonds. The
County Administrator advised that the staff/consultant
negotiation will cover how to structure the money, how to repay
it, the length of time for payment, etc. Basically, what they
will do is negotiate a loan and bring it back to the Board for
approval.
Chairman Lyons asked if we could use this firm also, if
needed, to obtain advice -re investment of County funds on a
continuing basis, and Administrator Wright believed this firm has
that ability, without any question.
Chairman Lyons believed that while we have a very capable
bond counsel now, that could always change, and it would be nice
to know that we have a backup.
Commissioner Wodtke advised that there could be some drastic
changes which could affect the tax exempt issue on municipal
bonds. The Treasurer's proposal is that there will be no
43
MAY 1 aoo� F�i F®8
BOOK 60 NAGF 8,39
refunding issue after January 1, 1986, and he felt we need to
keep abreast of the proposed type of issues such as the one
percent rule they are considering with respect to tax exempt
bonds and how that would affect the landfill.
THE CHAIRMAN CALLED FOR THE QUESTION. It was
voted on and the Motion passed unanimously.
RESOLUTION AMENDING SCHEDULE OF BUILDING PERMIT FEES AND CHARGES
Attorney Brandenburg explained that the proposed resolution
will establish a fee for the Building Department to charge
individuals applying for Certificates of Competency. He noted
that this was left out of the last fee schedule, and, in the
interim, the County adopted an ordinance setting up procedures
for obtaining these certificates.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously adopted
Resolution 85-48, amending Resolutions 82-139 and
84-13, amending the schedule of building permit fees
and charges.
44
RESOLUTION NO. 85- 48
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, AMENDING RESOLUTION NOS.
82-139 AND 84-13, AMENDING THE SCHEDULE OF BUILDING
PERMIT FEES AND CHARGES.
WHEREAS, Indian River County currently shares with the
City of Vero Beach a joint Building Department; and
WHEREAS, the department is established to operate as an
enterprise fund to distribute the cost of operation to those
individuals that use the services instead of imposing the burden
of such costs upon the general taxpayer; and
WHEREAS, the adoption of a fee schedule that parallels
the City's will eliminate confusion and reduce administrative
overhead expenses.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. The County Commission finds and determines that the
adoption of the following amendment to the schedule of rates and
charges is necessary and in the best interest of the residents of
Indian River County, Florida.
2. The following revision is hereby adopted and shall
become effective for all construction occurring in the
unincorporated areas of Indian River County on May 8th ,
1985.
CERTIFICATE OF COMPETENCY FEES
All contractors applying for a Certificate of
Competency under Indian River County Ordinance No.
85-36, shall be required to pay the fee stated herein.
The Certificate of Competency shall remain in effect
unless revoked or suspended pursuant to the provisions
of Ordinance No. 85-36. $25.00
The foregoing resolution was offered by Commissioner
Scurlock who moved its adoption. The motion was seconded
by Commissioner Bowman and, upon being put to a vote, the
vote was as follows:
Chairman Patrick B. Lyons Ave
Vice -Chairman Don C. Scurlock, Jr. Ave
Commissioner Richard N. Bird Aye
Commissioner Margaret C. Bowman Aye
Commissioner William C. Wodtke, Jr. Aye
-1-
NOTE: Words in straek-thre*gh-type are deletions from
Booz 60 PAu.8 fl
MAY 8 1985 existing law; words underlined are additions.
PF -
i
BOOK 60 P,�'E 841
The Chairman thereupon declared Resolution No. 85-48 duly
passed and adopted this 8th day of May
BOARD OF
OF INDIA
P1ai'r'RICR B.
airman
Attest : j"._ a /
FREDA WRIGHT
Clerk
LATERAL A ROAD - CONDEMNATION OF REMAINING PARCELS
, 1985.
COMMISSIONERS
COUNTY, FLORIDA
The Board reviewed the following memo dated 4/29/85:
TO. The Board of County DATE • FILE: April 29, 1985 ..
Commissioners
SUBJECT: CONDEMNATION OF REMAINING
LATERAL "A" ROAD RIGHT-OF-
WAY
FROM: Chris3 rpher J. Paull REFERENCES:
Assistant County Attorney
This office has acquired approximately 1/2 of the right-of-way
necessary for completion of Lateral A Road from 510 to the south
extension of Schumann Drive in Sebastian Highlands. Negotiations
with two property owners for the remainder have been difficult and
have yielded no results to date. Condemnation proceedings for the
remainder of this right-of-way are deemed necessary at this time if
the project is to be completed.
The two property owners involved are Mrs. Harriet Wilson, who
retains title the property on the west side of this corridor, for
the full length of the link (this is the old Carter Estate). Mrs.
Wilson has indicated her preference that this road not be built at
all at this location, but rather a mile to the west at Powerline
Road. The second property owner is Mr. Timothy Bradley, whom I feel
is interested in negotiating a fair settlement, but has not
responded to the majority of inquiries from this office.
46
REQUESTED ACTION:
Adopt the attached resolution authorizing the Public Works
Director and County Attorney to acquire by eminent domain the
remaining Lateral "A" right-of-way parcels
MOTION WAS MADE by Commissioner Scurlock,
SECONDED by Commissioner Wodtke, that the Board
adopt Resolution 85-49, declaring the acquisition of
certain parcels of property for right-of-way purposes
for the extension of Lateral A Road to be a public
necessity and authorizing the preparation and
prosecution of eminent domain proceedings.
Under discussion, Commissioner Bowman wondered why we
haven't moved over to Power Line Road since we are havingso much
trouble condemning property along Lateral A Road.
Assistant County Attorney Chris Paull explained that they
also are working on Power Line Road as the Board originally
authorized right-of-way to be obtained for both of these roads.
Public Works Director Jim Davis explained that Lateral A
Road was done first because it is an extension of the existing
Lateral A Road south of CR -510 and is a direct connection to the
new school there. He confirmed that when Lateral A is completed,
it will divert traffic from Power Line Road.
Chairman Lyons felt•it was totally unfair for some people to
hold us up while other people are perfectly willing to have their
property improved and take the advantage. He suggested a fairer
method might be a road assessment situation. On one line we
would show the value of the property on a road and when we put
out the assessment, we debit the value of the property; and for
those who have donated the property, we credit the value of the
property. So, for those that haven't given the property, we
would get the money back..
47
•
BOOK 60 PA;E 842
MAY 8 1995 843 .�
BOOK 60 `'� F. ®43
Attorney Brandenburg advised that we are moving in that
direction now as the County has established an ordinance giving
density credits when people donate right-of-way. If the County
has to buy the right-of-way, the owners do not get that credit.
Another method is in regard to our collector and arterial system.
After the impact fee ordinance is adopted, individuals who donate
things that are included within the pricing of the impact fee
will receive a credit against that impa.ct fee. He did not know,
legally, if we could get it down to a system where we would have
a debit/credit situation with a balanced budget for each specific
road.
Attorney Paull reported that Mrs. Wilson is quite obstinate
about not donating the right-of-way because she wants to keep her
entire estate intact. She has a fence running the full length of
the property and she is concerned with the trees, etc.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
Passed unanimously.
48
RESOLUTION NO. 85-49
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA DECLARING THE ACQUISITION
OF CERTAIN PARCELS OF PROPERTY FOR RIGHT-OF-WAY
PURPOSES FOR THE EXTENSION OF LATERAL A ROAD IN INDIAN
RIVER COUNTY, FLORIDA, TO BE A PUBLIC NECESSITY AND
AUTHORIZING THE PREPARATION AND PROSECUTION OF EMINENT
DOMAIN PROCEEDINGS.
WHEREAS, the County is authorized by Florida Statutes
§127.01(2) and §337.27(2) and (3) to acquire by eminent domain
those right-of-ways identified as necessary for future development
of transportation corridors designated by the County's Comprehen-
sive Land Use Plan; and
WHEREAS, the Comprehensive Land Use Plan identifies the
Lateral A road corridor as a major north -south collector road in
the north County; and
WHEREAS, in order to construct Lateral A Road between
County Road 510 and Schumann Drive, the County must still acquire
two certain parcels of property described in this resolution in
the attached Exhibit "A"; and
WHEREAS, the parcels necessary are presently held in
private fee simple ownership, and, failing negotiations to obtain
the parcels voluntarily, it is necessary for the County Public
Works Director and County Attorney to take legal action, employ
real estate appraisers, and do all such further acts as may be
reasonably required to carry out such condemnation.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:
1. The foregoing recitals are adopted and ratified in
their entirety.
2. The acquisition of fee simple ownership for right-
of-way purposes to support the development of Lateral A Road
between County Road 510 and the south extension of Schumann Drive,
across those parcels more fully described in Exhibit "A" attached
hereto, is declared to be in the interest of the citizens of
Indian River County and an absolute public necessity.
-1-
MAY 81985 0 IRA cE 844
MAV 1985
BOOK,
845
3. The County Attorney is hereby authorized and
directed to take all steps necessary for the County to acquire by
donation, purchase or eminent domain proceedings, the subject
parcels, or so much thereof as may be specifically delineated
after further surveying and review, and to have prepared in the
name of Indian River County all papers, pleadings and other
instruments required for said purposes and to see that all eminent
domain proceedings are prosecuted to Final Judgment.
4. The County Attorney and County Public Works Director
are hereby further authorized and directed to take such other
action as may be reasonably required to fully accomplish the
purposes hereinabove stated.
The foregoing resolution was offered by Commissioner
Scurlock who moved its adoption. The motion was seconded
by Commissioner Wodtke and, upon being put to a vote, the
vote was as follows:
Chairman Patrick B. Lyons Aye
Vice -Chairman Don C. Scurlock, Jr. Aye
Commissioner Richard N. Bird Aye
Commissioner Margaret C. Bowman Aye
Commissioner William C. Wodtke, Jr. Aye
The Chairman thereupon declared Resoluion No. 85-49
adopted and duly passed this 8th day of ray , 1985.
Attestni �t�c
FREDA WRIGHT
Clerk
APPROVED TO FORM
AND L S ICIENCY
By
COUNTY ATTORNEY
attachment
-2-
BOARD OF COUNTY COMMISSIONERS
OF I1 I 1 RIVER COUNTY, FLORIDA
RICK B. Lsorst
irman
EXHIBIT "A"
The West 35 feet of the following described parcel:
Beginning at the Southwest corner of the Northwest quarter of the
Southwest quarter of Section 29, Township 31 South, Range 39 East,
run North 528 feet, then run East 199 feet, then run South 528
feet, then run West to the point of beginning, said land lying and
being in Indian River County, Florida; as in Deed Book 35, Page
211, of the Public Records of Indian River County, Florida.
and
The East 35 feet of the following described parcel:
The East 1/2 of the Southeast quarter of Section 30, Township 31
South, Range 39 East, Indian River County, Florida
DISCUSSION �RE AQUATIC PRESERVE RULES- ROUND ISLAND PARK
Attorney Brandenburg explained that this is a continuing
report on the status of aquatic preserve rules. At last week's
meeting the Planning Department presented an analysis of the
impact of those rules on the development of Round Island Park.
He reported that earlier he went to Tallahassee to lobby on
behalf of our development scheme for the park. Since that time,
the rule has been withdrawn because a developer on the west side
of the state has filed a rule challenge, and it will be at least
a month before that gets to the Governor and Cabinet. However,
he believed that the one part of the rule we were most concerned
about is already in effect. The staff which is administrating
the rule have indicated they do not feel that the rule would
adversely affect the County's plans for developing Round Island
Park, as their intent is not to limit pedestrian access for
undeveloped parks in the Indian River; they are mainly interested
in limiting vehicular access. Attorney Brandenburg suggested
that in order to preserve our rights for the use of submerged
lands, the County start the permitting process now before the
rules change again. He noted there is a question of whether it
is a "concerned" use or whether the area where the bridge pilings
would be placed has to be licensed by the State to the County.
The County Attorney, therefore, felt we should start that process
immediately and clarify exactly what we have to do.
Intergovernmental Services Director Tommy Thomas explained
that "no name island" Iles between the mainland and Round Island
51
MAY 8 1985
BOOK PAI -
846
i
MAY
8
i85
BOOK
6 FnF 847
Park and
is approximately 20 acres while Round Island
is 61
acres. He recalled that back when there was no prohibition
against dredging, the County Commission and the Mosquito Control
worked out an arrangement to fill those two mangrove islands and
ran a channel all the way to the Intercoastal. Pictures taken at
that time clearly show that the interiors of both of the islands
are elevated and filled. He believed there was never any intent
by the County to have vehicular access but only walkover bridges
for pedestrians along with access by boat.
Commissioner Wodtke was concerned about access for
maintenance and emergency vehicles, and Administrator Wright
stated that we are talking about an 8 -foot wide bridge with a
pole in the middle of it that could be removed for emergency or
maintenance vehicles.
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Bird, the Board unanimously authorized
staff to proceed with the permitting process as
recommended by the County Attorney.
ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
Attorney Brandenburg advised that the Water District is
meeting over at the. City Hall today and he has prepared the
following comments to be presented to them re our position on the
status of the St. Johns River basin.
52
r
-I
May 7, 1985
PROPOSED COMMENTS TO ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT GOVERNING BOARD
Indian River County believes that all State agencies should be
required to coordinate their plans and activities in an attempt to
achieve their mutual objectives in the most cost-efficient manner
for all the residents of the State, and to that end the County:
(a) believes that the District plan for the Fellsmere Grade Road
should incorporate the potential future use of the Grade as an
east/west traffic corridor for use of northern Indian River County
residents and southern Brevard County residents. The District
design should . be coordinated with the Florida Department of
Transportation and the Indian River County Engineering Department;
(b) believes that the construction south of State Road 60 should be
coordinated with Indian River County and the Florida Department of
Transportation to provide for the potential future, four-laning of
State Road 60 throughout the project area; and
s
(c) believes that the project offers tremendous recreational
potential within the management areas which will be created and
would like to cooperate with the District in developing this
potential for all the residents of the County.
53
MAY �' � BOOK ' Fr�1,F$��
1_ 9�5
I
MAY 8 1995
BOOK O P.�,F 849
Chairman Lyons instructed Attorney Brandenburg to make the
presentation, and Commissioner Bird advised that he would be
making an appeal for property on which to build a firearms range.
Chairman Lyons remembered that the late Art Marshall used to
refer to the marsh as a rain machine and was curious if it would
return to a rain machine after it was restored. He stated he
would write a letter on that to the District's hydrobiologist.
Commissioner Bowman noted that they aren't telling us how
deep the water is going to be when they restore the marsh, and
believed "it might become a pond instead. She was not sure,
however, whether they would be able to answer that question at
this time.
Commissioner Wodtke wanted to make sure that if Indian.River
Farms Drainage System or the Fellsmere Drainage System or any
agricultural or citrus interest needs water, it will be
available, because a lot of this water is going to be trapped and
used for the marsh. He wondered if there could be a coordinating
effort between the two drainage systems to assure the
availability of water from the reservoir. They did say that
people could get a permit from the District to utilize the water,
but he.would like some assurance.
Chairman Lyons suggested the following statement be added to
the comments prepared by Attorney Brandenburg:
"(d) The County has concern for maintaining water supply for
Indian River County and would like to be assured of the
availability of water as needed on a non-discriminatory basis."
Commissioner Bird commented that he appreciates the District
even more after finding out they have a 9 -member, Governor -
appointed board, a staff of 225, an annual budget of over
$30 -million, and a territory of 300 miles which reaches from the
Georgia -Florida line down to this area.
Commissioner Bowman pointed out that of the 9 members, not
one of them is a scientist or biologist and most of the members
54
are -lawyers.
She felt that when the next appointment comesnup,
we should try to get a biologist appointed.
COUNTRY WALK SUBDIVISION - REQUEST FOR COUNTY TO ACCEPT AND
MAINTAIN RIGHT-OF-WAYSy- 31ST AVENUE, 11TH PLACE, AND 10TH PLACE
The Board reviewed the following memo dated 4/18/85:
TO: The Honorable Members of DATE: April 18, 1985 FILE:
the Board of County Commissioners
THROUGH:
Michael Wright,
County Administrator SUBJECT: Request for County to
Accept and Maintain
Right -of -Ways in Country
Walk Subdivision - 31st
Avenue, 11th Place, and
10th Place South of 12th
FROM:James
James W. Davis, P.E.
Public Works Directo H. Edward Spangler,
Property Owners Assoc.of
Country Walk, to Board o
County Commissioners dated
Sept. 27, 1984
DESCRIPTION AND CONDITIONS
The property owners of Country Walk Subdivision have petitioned
the County to accept dedication and maintenance of 31st Avenue,
11th Place, and 10th Place south of 12th Street. The roads were
paved and platted in 1981.
ALTERNATIVES AND ANALYSIS
Staff has inspected the road right-of-ways and drainage system.
To certify that the drainage system is now properly graded, the
Property Owners Assoc., at the Public Works Division's request,
has retained Carter and Assoc. to survey the drainage system and
provide elevations. This has been completed and is satisfac-
tory. Furthermore, the property owners have agreed to mow and
clean the system prior -to the County accepting it.
The County's Evaluation of Acceptance Criteria resulted in a
score of 120 points, which is sufficient for recommending
acceptance.
RECOMMENDATIONS AND FUNDING
It is recommended that the County accept the subject roads and
right-of-way for dedication and maintenance and the authorizing
resolution be adopted.
55
BOOK 60 P,.Iu W
MAY 8 1985 BOOK 60 PA;E 85
MOTION WAS MADE by Commissioner Scurlock, SECONDED
by Commissioner Wodtke that the Board adopt Resolution
85-50, accepting the dedication and maintenance of
31st Avenue, 11th Place, and 10th Place located within
Country Walk Subdivision.
Under discussion, Director Davis explained that the roads in
this subdivision are relatively new and were built to County
specifications and this acceptance is consistent with the
County's policies.
Commissioner Wodtke asked if there were any deed
restrictions on this pertaining to road maintenance and Attorney
Brandenburg believed that the plat included language that it is a
private street until it is accepted by the Board of County
Commissioners, but advised he vi -u 'd have that checked out before
the resolution is signed.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
passed unanimously.
56
M
� MAY
RESOLUTION NO. 85-50
WHEREAS, the property owners of Country Walk
Subdivision have petitioned the County to accept the dedication
and maintenance of 31st Avenue, 11th Place, and 10th Place located
within Country Walk Subdivision as recorded in Plat Book 11, Page
8, Public Records of Indian River County; and
WHEREAS, the Indian River County Department of Public
Works has completed a full inspection and evaluation of all
factors relevant to the acceptance of the dedication and
maintenance of road right-of-ways within Country Walk Subdivision;
and
WHEREAS, the Indian River County Department of Public
Works has recommended that the Board of County Commissioners of
Indian River County accept the dedication and maintenance of the
road right -of -ways located within Country Walk Subdivision.
NOW THEREFORE, BE IT RESOLVED THAT THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY hereby accepts the
dedication and maintenance of the right-of-ways for 31st Avenue,
11th Place, and 10th Place located within Country Walk Subdivision
as recorded in Plat Book 11, Page 8, Public Records of Indian
River County.
The foregoing resolution was offered by
Commissioner SCurlock who moved its adoption. The
motion was seconded by Commissioner Wodtke and, upon being
put to a vote, the vote was as follows:
Chairman Patrick B. Lyons Aye
Vice -Chairman Don C. Scurlock, Jr. Aye
Commissioner Richard N. Bird Aye
Commissioner Margaret C. Bowman Aye
Commissioner William C. Wodtke, Jr. Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 8th day of MaY , 1985.
BOARD OF COUNTY COMMISSIONERS
OF INDJAN RIVER COUNTY, FLORIDA
Attest: et &� ',
FREDA WRIGHT, Clear
B.
M
rman
NAY 8 1985
BOOK rA,U 53
REFUSE PICKUP IN WABASSO AREA
The Board reviewed the following memo dated 5/1/85:
TO: The Honorable Members of DATE: May 1,- 1985 FILE:
the Board of County Commissioners
THRU: Michael Wright,
SUBJECT: Refuse Pickup in
Wabasso Area
Administrator
FROM: L , n T mmy n Thomas REFERENCES.
Intergovernmental Relations Director
In the original discussions, when the new County Fair Ground
was built, it was planned to close or move the refuse pickup
station on King's Highway at Hobart Park. The station is
located directly in front of the main entrance to the Fair
Ground on Kings Highway.
The attached map shows three alternative locations within
the Wabasso area. The County owns these three locations.
For several months we have left the present station closed
as we were not sure how many legitimate household garbage
users were dumping at this site. A high percentage of the
refuse dumped in Wabasso was not authorized by the present
County code. Much of it was furniture and yard trash.
The South Winter Beach Road refuse station is 2� miles from
the Kings Highway Station. The South Winter Beach Road sta-
tion is approximately half way between the Oslo station and
the Roseland station.
A petition has been filed by 300 homeowners in the Wabasso
area. Assuming that they confine their trash to household
garbage as defined by the code, it appears that there may
be enough customers in the area to warrant a franchise for
garbage pickup. This may apply also to the Roseland, Gifford
and Oslo stations.
If it is decided to reopen a site in Wabasso, the staff recom-
mends that a new site be constructed in the northwest corner
of Hobart Park east of Kings Highway.
Funding would have to be provided for this construction.
Public Works is currently preparing cost estimates for a
new site.
Administrator Wright explained that we are currently
operating five transfer stations and it is becoming incredibly
expensive. When all trucks are in operation, there are five
crews running seven days a week and still we have not been able
to keep up with it. He felt that we could save some costs by
closing the Wabasso station and using the nearby Winter Beach
58
station. He understood, however, that there has been tremendous
objection to this.
Commissioner Scurlock pointed out that the landfill costs
are escalating every day and wondered how the transfer stations
will ultimately fit into our master plan, as we are considering
going to a totally different type of station in the county where
sorting and compacting will take place right at the site. It
would be a manned station and would accept refuse from commercial
garbage collectors as well as the public.
Administrator Wright felt that although 300 people signed a
petition opposing the closing of the Wabasso transfer station,
the cost factor has to be considered as we are already spending
over $400,000 annually and anticipate $600,000 for next year. He
also agreed that the methodology of the transfer stations would
have to change. The question today, however, is whether to
reopen the Wabasso transfer station now or wait for budget time.
Commissioner Scurlock believed it would be best to reopen
the transfer station at this time and then determine where to
relocate the station after the master plan is designed.
Intergovernmental Relations Director Thomas emphasized that
the reopening would require additional help because more stations
means more trips.
Commissioner Bird felt that the most time consuming effort
for the crews is having to pick trash off the ground outside of
the dumpsters, and Director Thomas believed that is why they need
more boxes, more trucks and more crews because the dumpsters have
to be dumped once a day, and more often during holidays and
during the tourist season. He pointed out that the system was
not designed for worn out appliances or furniture and most of
that refuse was being dumped illegally.
59
MAY 81985 BOOK 60 Pert 854
r p
MAY 8 1995 BooK Q PAGF 855
MOTION WAS MADE by Commissioner Scurlock, SECONDED
by Commissioner Bowman, that the Board authorize the
temporary reopening of the refuse pickup in the
Wabasso area, with the understanding that an in depth
analysis will be presented to the Commission on the
entire sanitary landfill pickup system which might call
for only one transfer station in the north county which
would be a compacting and sorting station.
Under discussion, Chairman Lyons asked if anyone present
wished to comment on this issue.
Evelyn Pyke expressed her concern about the closing of the
Wabasso site and was very glad that the Commission is considering
reopening it on a temporary basis. She asked why the Fairgrounds
were built near the transfer station when there is so much
acreage available in Kiwanis-Hobart Park east of Kings Highway.
Commissioner Bird explained they decided to build the
Fairgrounds on the west side of Kings Highway because they
believed the dump station had not been located in a proper place
and that it would have to be moved eventually.
W. C. Minnis, Jr, understood that once land has been deeded
for cemeteries or dump sites, it could not be used for anything
else.
Attorney Brandenburg explained that sometimes the County
receives land for a specific purpose and it stipulates in the
deed that it cannot be used for any other purpose. Other times
the County receives land that can be used for any purpose. He
believed the Wabasso dump site location is a combination of those
restrictions.
Greg Cadenhead complained that no notice was given prior to
the closing of the station. In addition, he pointed out that
when they tore out a stand of large pine trees there, they were
burned at that site. He asked why lumber companies were not
invited to bid on these trees for timber.
60
Administrator Wright explained that they considered selling
the trees for pulpwood, but it was not cost effective to do so,
and it was not considered for lumber because the stand was too
small.
Mr. Cadenhead disagreed and emphasized that the trees were
virgin timber. In conclusion, he urged the Commission not to
always put Wabasso last in their consideration of various
services and requested that the people be notified in advance
when the temporary station is closed.
The Commissioners assured Mr. Cadenhead that notices would
be posted at the dump station in advance of the closing.
Commissioner Wodtke stated that, as far as he was concerned,
that station would be open just as long as any other station in
the County, because this is a common problem throughout the
entire County, not just at Wabasso.
Betty Wintermute, Wabasso, asked if the dump would be closed
during the County Fair next year, and Chairman Lyons advised that
we hope to find a solution to this before then, but if not, the
dump will be moved away from the Fairgrounds during the Fair.
Commissioner Wodtke felt it would be reasonable to close it
for a short time during the County Fair.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
passed unanimously.
The Board directed Director Thomas to reopen the Wabasso
dump station as soon as possible, perhaps as soon as next week.
Chairman Lyons wished the Board would reconsider the
regulation against putting large appliances, furniture, etc.,
into the transfer stations because he felt we have created a
situation that is not only hard to enforce, but unrealistic in
requiring people to drive all the way down to the landfill to get
rid of those large items.
PETITION IS ON FILE IN THE OFFICE OF THE CLERK
61
BOOK 60 P,gGE 856
-I
MAY 8 1985 BOOK 60 P{,,,E 857
DISCUSSION RE INTERIM CONTROL LINE
Ellie Van Os, Conservation Chairman of the Pelican Island
Audubon Society, read aloud the following letter dated May 1,
1985:
PELICAN ISLAND AUDUBON SOCIETY
P. 0. Box 1833
VERO BEACH, FLORIDA 32960
!..4 '' May 8, 1985
Indian River County Board of County Commissioners
1840 25th St.
Vero Beach, FL 32960
Dear Board Members,
It is the will of the Conservation Committee of the Pelican Island
Audubon Society to request that the County Commission ask the State Department
of Natural Resources to devel.op an Interim Control Line for Indian River County.
The Coastal Construction Setback Line was last delineated in 1974 (according to the
Status Overview of Indian River County). In the late seventies, the state
charged DNR with restudying that line every five years, but the usual reasons
including manpower, have pushed the next scheduled review to September of 1986, a
date described as optimistic.
The Interim Control Line would be based on the "landward limit of the
impact zone of a 100 -year storm event", the same criteria that would be used
to describe the new Coastal Construction Control Line in 1986. To picture this
line, when a wave breaks even on a calm summer day there is an obvious trough
where the maximum energy of the wave impacts the shoreline; beyond that the
wave flattens as it reaches farther up the beach. In this case, the Interim Control Line
is the landward limit of that impact zone for a 100 -year storm event and does not
necessarily delineate where the wave would actually stop.
You may ask the relationship between the Thanksgiving storm and the
Interim Control Line. As it was described to me by Paden Woodruff with the
Division of Beaches and Shores in theDepartment of Natural Resources in
Tallahassee, the Thanksgiving.storm was not a 100 -year storm event. In all
respects it was a typical northeastern storm, their duration being notably longer
than hurricane events and as such the erosive damage of four northeastern
storms can often exceed that of a hurricane. However, because of the extensive
damage caused by the storm, many surveys were made in its aftermath. The
Department has an array of historical profiles and survey information that
coupled with these most recent surveys would be utilized to determine the
alignment.
Mr. Woodruff also made a point to distinquish between what were formerly
called setback lines and are now called control lines. Setback denotes a line
of prohibition, but what the State intends with a control line is that instead
of the State prohibiting development seaward of the line (an option left open to
the local governing body), they primarily insist on -compliance with Coastal
Construction Standards, hence the need for state review.
62
The Coastal Coastal Construction Standards were most recently revised
January 1, 1985. They address:
1) cumulative impact (eff. Oct. '83)
2) shore parallel site coverage (which is an attempt to prevent the situation
where 10 buildings line the beach, for instance with only 10 feet between each)
3) structural adequacy, and
4)sensitivity to beach dune systems.
At this point let me briefly describe the process we intend to initiate by
asking you to adopt the Interim Control Line. First, the request must be made to
the State to develop an' Interim Control Line for the County. After a relatively
short amount of time, the Department of Natural Resources will provide the
County with,mapping of the entire coastline of the county and the new alignment.
The'County and each Municipality on its own has the .option to draw up an
ordinance recognizing the line and sbtting faith-.c�tte�iarfor�tts management.
One approach might be to designate the Interim Control Line a line of prohibition.
Another might be to incorporate the standards that the state uses. In Brevard
County where this whole process has already been initiated, the staff recommended
an ordinance that would first, ; move the_line another 25 -feet landward. Then
they have designated zones, one zone would recognize the new line as a setback
line or a line of prohibition. Another zone would use the criteria set forth
by DNR as guidelines. Obviously this is where close staff coordination with
the Department of Natural Resources would be necessary.
The Interim Control Line is a means for the County to intelligently use
current data in the evaluation of oceanfront development proposals, with the idea that
better planning and forethought would save in terms of environmental integrity
and tax monies.
Sincere y y urs,
Ellie Van Os, Conservation Chairman
Pelican Island Audubon Society
Commissioner Scurlock thought that was an excellent letter
and well prepared. He stated that he totally supports moving
ahead and asking the DNR to initiate whatever process or activity
is needed to set the line back before the scheduled 1986 date.
He believed, however, that there are some administrative
procedures that may have to be waived in order to do that.
Art.Challacombe, Environmental Planner, stated that in
addition to this, the County and the municipalities involved
would be required to adopt ordinances that would enforce this
amended control line or setback line.
Commissioner Bowman explained that "setback lines" is an
old-fashioned term and they are now called "control lines."
Commissioner Scurlock clarified that control lines do not
necessarily mean there is a prohibition of any construction, but
if construction does take place, certain standards have to be met
depending upon the ordinance developed by the County.
63
MAY 8 1985 BOOK.9
MAY s i90 s BOOK 0 rvF 859
Commissioner Bird asked if we will have an opportunity to
develop the ordinance after the mapping has been done and after
we have seen what actual effect it has on our coastline.
Commissioner Wodtke advised that the control line depends
upon whether it is set under the rule-making procedures. If it
is, then anything.along that line goes to the Governor and the
Cabinet for approval. An interim line is not set under the
rule-making procedures; it is policy se.t outside. He reported
that the Beach Preservation and Restoration Committee discussed
this at great length after the Governor was here to inspect the
damage done by the Thanksgiving Day storm. The concern the
Committee had was that the Governor and Cabinet had assigned a
task force at that time to study all these areas for potential
problems and they wondered what those results would be. Another
concern was that any approval for the line to move eastward would
have to go to Tallahassee for approval. Commissioner Wodtke
reported that Brevard County moved the construction setback line
back 25 feet after the Thanksgiving Day storm on a tentative
basis and asked the DNR to come in and do an emergency
evaluation. They did, and, basically, that line moved 110-220
feet further west of the line, and in some places, the line is
west of AIA, but it is still tentative. He pointed out that
this Commission has already passed a resolution requesting a
study every three years, not every 5 years. In checking their
priorities, we were told that Indian River County was designated
sixth, but it since has been indicated it may be 1989 or even
1990 before they can even get to it. Commissioner Wodtke stated
that was the first time the Committee became aware that we could
apply for a tentative line, and felt it was new and confusing,
especially with respect to jurisdictional control.
Administrator Wright advised that major legislation is
expected which will significantly impact the setback control
lines and the coastline.
64
_I
MOTION WAS MADE by Commissioner Scurlock, SECONDED
by Commissioner Bowman, that the Board request the
Department of Natural Resources to develop an interim
control line for Indian River County.
Commissioner Lyons was concerned that this was not done
earlier and felt the longer we sit here knowing that we have this
problem, the bigger the problem becomes.
Commissioner Bird intended to vote for the Motion with the
understanding that the comments in the letter from the Audubon
Society are accurate in that the County and the municipalities
have their own ability to develop ordinances, etc., to recognize
the line in setting forth the criteria for its management and
that in this request we are not relinquishing local control to
Tallahassee.
Chairman Lyons believed that they already have that control
to a large extent, and that our primary responsibility is for the
unincorporated area.
Attorney Brandenburg explained that once the control line is
established, any rules that are adopted locally re construction
lines must be approved by the DNR, and as such cannot be less
restrictive than the State's.
Commissioner Wodtke stated he would vote against it because
of the position the Beach Committee took.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
passed by a vote of 4-1, Commissioner Wodtke
dissenting.
ROAD IMPROVEMENT PROGRAM CASH FLOW DIAGRAM
Public Works Director Jim Davis reviewed the following
memo dated 4/24/85:
65
MAY 19 BOOK fl PAGEou
BOOK 60 Fr,HE.881
TO: DATE: FILE:
The Honorable Members of April 24, 1985
the Board of County Commissioners
THROUGH:
Michael Wright, SUBJECT: Road Improvement Program
County Administrator Cash Flow Diagram
FROM: James W. Davis, P.E. REFERENCES: apr:rip/cash flow
Public -Works Director
DESCRIPTION AND CONDITIONS
The Transportation Planning Committee has recommended that two
road projects be added to the Road Improvement Program funded by
the 5th and 6th Cent secondary Gas Tax revenue. The northerly
Extension of Indian River Boulevard was approved by the Com-
mittee on April 16, 1985, as recommended by the North US 1
Corridor Study conducted by the Traffic Engineering Department.
In addition, the northerly extension of 43rd Avenue from North
Gifford Road to Lindsey Road was approved as recommended by the
Parks and Recreation Committee to provide improved access to the
Gifford Park. "
ALTERNATIVES AND ANALYSIS
The cost of extending 43rd Avenue North of 45th Street is
estimated at $40,000. The road is presently paved north of 47th
Street. The northerly extension of Indian River Boulevard to
Kingsbury Road (4 -lane divided) is estimated to cost $6,000,000.
The road is anticipated to be constructed in phases, with
revenue to be provided by gas tax revenue as well as proposed
impact fees.
Attached is a draft of the revised Road Improvement Program Cash
Flow chart which includes the above projects. This program is
developed for County initiated Collector Road improvements.
Some of the projects are joint County/Developer funded.
As prepared, the funding by Gas Tax is adequate up to Oct. 1986.
Right-of-way acquisition costs are not projected.
RECOMMENDATIONS AND FUNDING
It is recommended that the program be approved by the Board and
that funding for Indian River Boulevard North Extension be
considered from various options including Local Option Gas Tax,
Bonding the Second Gas Tax Revenue, impact fees, or a com-
bination of the above. Attached is an update on Local Option
Gas Tax adoption throughout the State. In a recent seminar
conducted by the State Association of County Engineers and Road
Superintendents, the Local Option Gas Tax was one of the best
methods of funding Transportation Projects.
66
Director Davis reviewed all the projects Fisted on the
following Road Improvement Cash Flow chart:
44
N
w
8
tV
a
�F
67
. Boos 6� E��ct
MAY � 19�� _ J
MAY 8 1985 BOOK 60 F'Gc 863
Director Davis requested approval of some funds to be
plugged in for engineering work that we need to accomplish
rapidly if we want the donation of the right-of-way for the
northerly extension of Indian River Boulevard to coincide with
the acquisition of a power line easement that the City of Vero
Beach is proceeding to obtain by condemnation. He reported that
Lloyd 6 Associates has given us a price of $5,000 a mile for the
survey work and other surveyors in the County have indicated that
they don't think they could even touch that price.
Administrator Wright advised that we might have to go
through competitive negotiations, but if we don't, we should
proceed as rapidly as possible.
Commissioner Scurlock understood then that Director Davis is
asking that the program be approved and consideration given to a
second cent sales tax and/or revenues from impact fees. He
wished to report that he met with the Mayor and City
Administrator of Vero Beach yesterday and they indicated that
they would be in a position to present to the City Council their
recommendation to support a one or two -cent gas tax and the
funding formula that was worked out about 1-1/2 years ago.
Attorney Wright believed that the Board approved this 5 -year
transportation plan previously, with the exception of the
additions, but pointed out that once we start the northerly
extension of Indian River Boulevard, we go in the hole, as impact
fees will not pay for the entire cost.
Commissioner Bird noted that we have some deadlines to meet
on
the gas tax if
we want
to get
it in
by the
end of this
year,
and
Commissioner
Scurlock
felt he
was
ready to
work with
the
Finance Advisory Committee and the Transportation Planning
Committee now that we know the City is willing to go ahead and
implement such a tax. He hoped they would be able to come back
to the Board with a funding formula prior to the July 1, 1985
deadline.
68
l
Chairman Lyons was concerned about the condition of the
wooden bridges over canals, and Director Davis advised that the
DOT has contracted with a consultant to inspect all the bridges
in the County, and we will be receiving their report shortly.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously
approved staff's recommendation as outlined in the
above memo, and authorized Commissioner Scurlock,
the County Administrator and the County Attorney to
bring back a proposal re a possible 1-4 cent
gas tax to fund the projects.
Administrator Wright stated that Attorney Brandenburg has
advised that we do not have to.go through a competitive process
in obtaining the services of a surveyor on the northerly
extension of Indian River Boulevard. Lloyd & Associates is able
to do this work more reasonably than other firms because they
have done extensive work in that area already.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously
approved the Public Director's recommendation to
retain Lloyd & Associates at $5,000 a mile, to survey
the area along Indian River Boulevard, north of Barber
Avenue, and the South Gifford Road project, at a cost
not to exceed $15,000.
NEW POSITION - RIGHT-OF-WAY AGENT
The Board reviewed the following memo dated 4/30/85:
69
MAY 8 1985 �ooK 0 F'k uc 864 J
J
MAY 9 1995
BOOK 60 P,, ,U 865
TO: DATE: FILE:
Michael Wright April 30, 1985
County Administrator
SUBJECT:
FROM: REFERENCES:
James W. Davis, P.E.,
Public Works Director
New Position/Right of
Way Agent
As requested during the 1984-85 Budget Session, the County
Engineering Department is in need of a Right -of -Way agent. This
position would benefit the County in the following ways:
1) Seek donation of road and drainage right-of-way for the
following on-going projects
a) Southerly Extension of Indian River Boulevard
b) Widening and Easterly extension of 12th Street and 8th
Street east of Old Dixie Highway.
c) Northerly extension of Indian River Boulevard.
d) Gifford area projects including Lindsey Road, South
Gifford Road, North Gifford Road and 43rd Avenue.
e) Kings Highway at SR 60
f) Roseland Road at U.S. 1.
g) Lateral "A" Road north of CR 510.
h) Powerline Road north of CR 510.
i) Kings Highway from 8th Street to 1st Street S.W.
j) Various east/west collector roads spaced every h mile
through the County.
2) Be the custodian for the Right -of -Way atlas now being
prepared by Barton Aschman and Assoc.
3) Respond to the.general public and citizenry on right-of-way
questions.
4) Assist Utilities (water and sewer), Parks, Landfill, and
other County Departments with right-of-way or easement
acquisition.
This position will improve the efficiency of the Engineering
Department by allowing surveyors, designers, and drafting
personnel an uninterrupted working environment which now is
constantly interrupted with right-of-way questions. The County
will also receive more donated right-of-way which is not now
being pursued.
It is anticipated that a qualified person could be obtained for
Pay Grade 20 - $19,250 to $27,164. A job description is attached.
Administrator Wright stated there was no question about it;
he must get Director Davis some help in obtaining right-of-way
needed for roads and utilities. He noted that the job
description has been prepared and they are ready to advertise for
the position.
70
MOTION WAS MADE by Commissioner Scurlock, SECONDED
by Commissioner Bowman, that the Board approve the
recommendation of staff that a Right -of -Way Agent be
hired.
Commissioner Wodtke believed this will be a very key
position which needs just the right person.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
carried unanimously.
REPORT ON SOLID WASTE SEMINAR
Utilities Services Director Terry Pinto reported that some
of the discussions held during the solid waste disposal seminar
in Washington, D. C. that he and Commissioner Scurlock attended,
clearly demonstrated that the way we have operated the landfill
and transportation of refuse is going to be a thing of the past
and we are going to have to look at some type of recycling or
resource recovery program and consider what it will save us in
landfill space and environmental protection. He advised he soon
will be proposing that a consultant be retained to look at a
solid waste master plan for Indian River County. One of the
immediate problems facing the County now is the composting of
septic waste and sludge, and the City of Vero Beach has indicated
they would be very interested in doing something jointly with us,
at least a study. He noted that while there is a market for
compost and sludge, this County will not have enough to market
because of our own needs. Director Pinto circulated a handout on
recycling.
Commissioner Scurlock felt that it was important to educate
the community as to how and why we are going to approach these
problems and the City has indicated that they would participate
in this also.
71
MAY 8 1985 BOOK 60 FA'E s%
MAY 8 3995
BOOK
60
FA.rE
867
Director
Pinto believed that this is just beginning
to
be
a
problem to this county and we have an opportunity to catch it
before it catches us.
Commissioner Scurlock hoped to present a complete funding
package to the Board in time to take action in this budget year.
Discussion ensued re the risk factors remaining when a city
or county decides to get out of the landfill business and allow
private companies to handle the refuse..
Chairman Lyons suggested that "privatization" be brought
back to the Board as an alternative when the Finance Committee
makes its recommendation.
Commissioner Scurlock commented on Director Pinto's
background in operating a methane solid waste plant in New Jersey
and felt Mr. Pinto has done a great job for the County.
REPORT ON HURRICANE CONFERENCE
Commissioner Wodtke reported that the conference held in New
Orleans forecast that 1985 would be an above normal hurricane
year and that a higher percentage of the named storms will reach
hurricane intensity.
Commissioner Wodtke spoke about the margin of error in
calculating the probability of storms hitting a certain area and
how important it was for the media -to key in on those figures
when alerting the public. He noted that the marginal amount of
error in a 24-hour forecast is 110 nautical miles, and the margin
of error increases with earlier forecasts of 48 -hours and again
with 72 -hour forecasts.
Commissioner Wodtke reported that comment was made that
while we have had 25 years of minimal storms, there is a great
deal of concern about erosion resulting from northeasters.
Commissioner Wodtke also reported that he attended two
presentations re counties' liability in respect to FEMA
requirements for the flood insurance program.
72
T.
He announced that
tapes of the conference are available if anyone wished to listen
to them.
STANDARDS FOR COUNTY OFFICE SPACE
Assistant County Administrator. Sonny Dean advised that he
has obtained a set of standards from the State re office space
for County employees.
There being no further business, on Motion duly made,
seconded and carried, the meeting adjourned at 12:30 o'clock P.M.
ATTEST:
Clerk
73
MAY 8 1985 - BOOK PAGE 888