HomeMy WebLinkAbout8/8/19850
Wednesday, August 7, 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,
August 7, 1985, at 9:00 o'clock A.M. Present were Don C.
Scurlock, Jr., Vice President; Richard N. Bird; Margaret C.
Bowman; and William C. Wodtke, Jr. Chairman Patrick B. Lyons was
absent recuperating from surgery. Also present were Michael J.
Wright, County Administrator; Charles P. Vitunac, Attorney to the
Board of County Commissioners; L.S. "Tommy" Thomas,
Intergovernmental Relations Director; and Barbara Bonnah, Deputy
Clerk.
Vice Chairman Scurlock called the meeting to order.
Reverend Fred McClellan of First Presbyterian Church gave
the invocation, and Commissioner Wodtke led the Pledge of
Allegiance to the Flag.
ADDITIONS TO THE AGENDA
Vice Chairman Scurlock requested the addition to today's
Agenda of some recommendations for appointments to the Public
Library Advisory Committee.
Attorney Vitunac requested the addition to today's Agenda of
a corrective deed for county property sold to E. M. Netto back in
1978.
Administrator Wright requested the addition of a discussion
to schedule a Development of Regional Impact hearing for Grand
Harbor.
LAUG 71985
� it
HOOK 1 r,u 70
r -
AUG
7 1985
Boa. 61 F,9,)E.705
Commissioner Bird requested the following four additions to
today's Agenda:
1) A discussion re grants for the local library.
2) A discussion re the acquisition of a piece of property
near Kiwanis-Hobart Park with respect to the new golf
course.
3) An appointment to the Recreation Advisory Council of the
St. Johns River Water Management District._ E
4) Acceptance of contribution by the Golf Course Committee
to help pay travel expenses for Committee members to
check out golf courses in the state designed by
architects being considered to design the new County golf
course.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bowman, Chairman Lyons being absent, the
Board unanimously (4-0) added the various items
described above to today's Agenda.
APPROVAL OF MINUTES
Vice Chairman Scurlock asked if there were any corrections
or additions to the Minutes of the Regular Meeting of July 10,
1985.
Commissioner Bowman requested that the word "not" be
inserted in the third paragraph on Page 62: "When the M-1 zoning
was set up it was unfortunate, but it did happen and it is not
set in concrete."
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bowman, Chairman Lyons being absent, the
Board unanimously (4-0) approved the Minutes of the
Regular Meeting of July 10, 1985, as amended.
2
CONSENT AGENDA
Commissioner Bowman requested that Item B be removed from
the Consent Agenda for discussion.
A. Approval of Renewal Applications for a Permit to Carry a
Concealed Firearm
The Board reviewed the following memo dated 7/26/85:
TO: The Honorable Members of DATE: July 26, 19 85 FILE:
the Board of County Commissioners -
SUBJECT: PISTOL PERMIT RENEWALSI'
I
FROM: Michael Wright REFERENCES:
County Administrator
The following have made application to the Clerk's office
for renewal of pistol permits:
Sharon D. Mays
Stuart A. Miner
John D. Rogers
Maurice L. Simmons
All requirements of the ordinance have been met.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wodtke, Chairman Lyons being absent,
the Board unanimously (4-0) approved renewal of
pistol permits for the following:
Sharon D. Mayes
Stuart A. Miner
John D. Rogers
Maurice L. Simmons
B. Report
Received and placed on file in the Office of the Clerk:
Report No. 10541, Operational Performance Audit of
Board of Commissioners, Sebastian Inlet Tax District
Commissioner Bowman hoped that the Commissioners had a
chance to read this report as she felt it is a very important
document which we will be hearing more about in the very near
future.
L- AUG 7 1985
3
BOOK 61 FA',] -L706
AUG 71985 BOOK 61 FADE 707
C. Report
Received and placed on file in the Office of the Clerk:
Traffic Violation Bureau, Special Trust Fund
Month of June, 1985 -- $40,218.86
D. Report
Received and placed on file in the Office of the Clerk:
Traffic Violations by Name -- June, 1985
E. Requisition for First Quarterly Payment of FY -86 Annual
Contributions Contract, Section 8 Existing Housing Rental
Assistance Program
The Board reviewed the following memo dated 7/24/85:
y ® V
TO: Board of County Commissioners DATE: 7/24/85 F1
{
n
THRU• Michael Wright SUBJECT: Requisition for the First Quarterly
County Administrator Payment FY 86 of Annual Contributions
Contract - Section 8 Existing Housing
Rental Assistance Program.
FROM: ward J n REFERENCES:
Executive irector
IRC Housing Authority
It is recommended that the data herein presented be given formal
consideration by the County Commission.
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 three (3) 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 and May 1, 1985.
I respectfully request the Board of County Commissioners authorize the
Chairman to execute the three copies of HUD Form 52663 for the First quarterly
payment.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wodtke, the Board unanimously (4-0)
approved the requisition for the First Quarterly
Payment and authorized the Vice Chairman's signature.
4
Requisition for Partial Payment
U.S Department of fent
14, EntlmatedNamcr o• Unita to
bar uraar Lea- n End el
of Annual Contributions
sSectiona8eaDevelopment
nd s� io23
el r
Nota See Instructions in appropriate program handbooks
Housing Assistance Payments Program
-
118
Year to D,%
OMB No. 2502-0348 (exp. 10/31 /88)
I. Plop Taro (Mat anH
Z Dao of a.aaruan
3. Far Gurtr EtrinC
a Ns al Mauht m tr FY
L Reject N..
Total Cm,.canard
and Fess Earned
EW—Id Additional
Cost and Fear EamodR
O section 23 ® section a
8/1 /85
112/31/85
12
F L 2 19 1 E 113 12
101 0 1
1 01 0 13
. a. Ptdxm Ne.stq AgemY lace♦ -d Ad*sou)
Indian River County Board of County
7. Depositary aunt (Nor and Address)
Southeast Bank; N.A.
`.-Commissioners - - -- -
Vero Beach Banking Center
34. Requested Installment Payments (Sum of Unes 32
x.':1840 25th St., Suite S-319
Box 140 . -
0
,,,yero Beach, Fla. 32960-3394
Vero Beach, Fla. 32960
`. a. FNA Am" C-trle Mons commit Na
- A-3409 _ .._ ..
L gayo." Bank Account No.
#107-453490 = • --
Expense Approved In Previous Fiscal Year 0
,,,. 0L 11003leg Ftepram TAM Walk Des) -
0
0
•. ❑ NNo ue. 11R) substantialRMvtNmmn ❑ (s) Madanr�i
) v Ca -s" ,. Rwww- 4Y to sawing Nee,txB c-mfian-
❑ w Newing vaaaaar.
11. PM Ri at Year Ending Dain (Man o- hes and wmplMa Tri
0
❑ (s) Marta W. ❑ rm lana m ` ® tot anm-dhr ao- - 0 t. B.e.mhr F 8-6-1 . .
0
/ZNumbr of Yn- Y -r L-- m
FaaIIW - of Daft
13 Awagn Mass" Wooing
Aesianean Porous" Per UM
14, EntlmatedNamcr o• Unita to
bar uraar Lea- n End el
td. unit Month Yndr 1.ea-
You m Orta
Awns MrdmY mousing
Aaalaun- Fthnnam Po Una
. of galaalm
- m Cato of Ragutram
Ragumed Guano
-
118
Year to D,%
188
1,80
203
609
190 ..
Eulaara of Raaub.d
Aomtal C-ulgutbes
Total Cm,.canard
and Fess Earned
EW—Id Additional
Cost and Fear EamodR
Caand,Un Funds
,pvbW
(a)
Year m gas)
to and of Ragwand
(d)
.••
~!:
Quarter
...•
.. .
YY CC YY
34. Requested Installment Payments (Sum of Unes 32
17. Preliminary Administrative and General Expense 0
0
0
0
1& Carry Over of Preliminary Administrative and General
Expense Approved In Previous Fiscal Year 0
0
0
0
19. Preliminary Nan -Expendable Equipment Expense
0
0
0
0
20. Carry Over of Preliminary Non -Expendable Equipment 7.
Expense Approved in Previous Fiscal Year 0
0
0
0
21. Estimated Housing Assistance Payments
(Account 4715) 588,564
0
115,710
115,710
2L Estimated Ongoing Administrative Fee
68,578
0
17,145
17,145
23. Estimated Hard -to -House Fee (Existing
Housing Certificates and Housing Vouchers Only) 900
0
200
200
20. Total Independent Public Accountant Audit Costs
(Section 8 Only) 2,500
0
0
0
25. Total Allowance Approved for Security and Utility
Deposits (Section 23 Only) —
—
_
—
Amount of Requisition
28. Total Costs Incurred to Date (Sum of Unes 17
0
through 25)
27. Total Funds Required to End of Requested Quarter
(Sum of Unes 17 through 25)
133,055
28. Payments Received to Date
0
28. Payments Previously Approved for Fiscal Year
to Date
•0
30. Over or Underpayment to Date (Difference of Une 28
and Une 28. Do resat use brackets)
0
31. Partial Payment Requirement During Requested
Quarter (Una 27 minus Line 29)
133,055
055
Page 1 of 2
HUD -52553 (2-85)
He 7420.7
Method of Paym41d
Find maYm-m
W
a --d WmWnad
011(o
Thtrd inumagu
Tow
to
32. Total Estimated Additional Funds Required to End
of Requested Quarter by hretallmentl( ins 31 plus
�xvz a
L overpayment or minus any underpayment on
Line 30 divided Into three installments)
33. Less Any Overpayment or Plus Any Underpayment
~!:
from Una 30.
34. Requested Installment Payments (Sum of Unes 32
and 33)
1 Cartlly that (1) housing assistance payments have been or will be made only in accordance with Housing Assistance Payments
Contracts or Housing Voucher Contracts in the .form prescribed by HUD and in accordance with HUD regulations and requirements;
(2) units have been Inspected by the PHA in accordance with HUD regulations and requirements; and (3) this requisition for annual
contributions has been examined by me and to the best of my knowledge and belief is true, correct and complete. _
Kine, at Public Housing Aosom" . 34pnata0 and TO. of Arched -d oteaw (aOan.) _
Indian River County Board of G
County Commissioners Don C. Scurlock, Jr.; Vie Chairman 8-7-85
Mg-UFo arw tin. of AWmd-d HUD Approving Oftla1(-d Date)
'4a
a
AUG 7 1985 BOOK FACE Q��
0
AUG 7 1985
500K
F. Approval of Out -of -State Travel
ON MOTION by Commissioner Bird, SECONDED by
61 F4"r 709
Commissioner Wodtke, the Board unanimously (4-0)
approved out-of-state travel for Commissioners and
staff to attend a Solid Waste Management seminar in
Denver, Colorado, on August 26-30, 1985.
G. IRC BID #245 - Stationary Two -Plunger In -Ground Pad Lift
The Board reviewed the following memo dated 7/29/85:
TO: Board of County Commissioners DATE: July 29, 1985 FILE:
Thru: Michael Wright SUBJECT: IRC BID #245- Stationary Two -
County Administrator Plunger In -Ground Pad Lift
FROM: � PREFERENCES:
Carolyn 66odrich, Manager
Purchasing Department
1. Description and Conditions
At the County Commission meeting of June 26, 1985, the Board authorized
the purchase of an In -Ground Pad Lift.for the Fleet Management Department.
Bids were received Monday, July 29, 1985 at 11:00 A.M. for IRC Bid #245 -
Stationary Two -Plunger In -Ground Pad Lift.
8 -Bid Proposals were sent out. 5 Bid Proposals were received.
2. Alternatives and Analysis
The low bid was received from Vehicle Service Equipment Corp., Ft. Lauderdale,Fl.,
in the amount of $3619.09. The bid meets all specifications.
3. Recommendation and Funding
Staff recommends that IRC #245 be awarded to the low bidder, Vehicle Service
Equipment Corp., Ft. Lauderdale, F1.
$4500.00 available in Account #501-242-591-66.49.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wodtke, the Board unanimously (4-0)
awarded IRC Bid #245 to the low bidder, Vehicle
Service Equipment Corp, of Ft. Lauderdale, FL., in
the amount of $3619.09 for a Stationary Two -Plunger
In -Ground Pad Lift.
5
H. t;onstruction Bids for Landfill Groundwater Monitoring Wells
The Board reviewed the following memo dated 7/30/85:
TO: THE HONORABLE BOARD OF DATE: JULY 30, 1985
COUNTY COMMISSIONERS
THRU: TERRANCE G. PINTO SUBJECT: LANDFILL GROUNDWATER
UTILITY SERVICES DIRECT2R MONITORING WELLS
14ff CONSTRUCTION BIDS
FROM: RONALD R. BROOKS, ENVIRONMENTAL
ENGINEERING SPECIALIST
DESCRIPTION AND CONDITIONS
The Division of Utility Services advertised for bids for construction of
two groundwater monitoring wells at the County Landfill. Three bids were
received and subsequently opened at 10:00 A.M. on Friday, July 26, 1985.
The bids were as follows:
1. Drilling Services, Inc.
2. Persson Drilling Corp.
3. Jammal Associates, Inc.
6
� AUG 7 1985
$2,892.00
$1,870.00
$4,020.00
BOOK
�� �4.;;t710
BOARD OF COUNTY COMMISSIONERS
^Q
1840 25th Street
Q .1
Vero Beach, Florida 32960
a
^
ro�
BID TABULATION
� Ems•
Qj - i lei
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°° 6) s
qj
BID NO.
DATE OF OPENING
IRC BID #245
July 29, 1985
�,°j
^ro a
Qj.I&
4 ,:§ 3 �
BID TITLE Stationary Two -Plunger
ITEM
NO. DESCRIPTION
UNIT PRICE
UNIT PRICE
UNIT PRICE
UNIT PRICE
UNIT PRICE
UNIT P
1. Stationary Two -Plunger In -
Ground Pad Lift
Gilba
co
Gilb
rco
Rotary
Rota
y
Ameri
an
Cochi
1 Each
5063
00
4790
00
4243
00
3619
09
5836
00
2. Days required for completion of
installation after receipt of
Purchase Order Days
90
60
10
7
60
H. t;onstruction Bids for Landfill Groundwater Monitoring Wells
The Board reviewed the following memo dated 7/30/85:
TO: THE HONORABLE BOARD OF DATE: JULY 30, 1985
COUNTY COMMISSIONERS
THRU: TERRANCE G. PINTO SUBJECT: LANDFILL GROUNDWATER
UTILITY SERVICES DIRECT2R MONITORING WELLS
14ff CONSTRUCTION BIDS
FROM: RONALD R. BROOKS, ENVIRONMENTAL
ENGINEERING SPECIALIST
DESCRIPTION AND CONDITIONS
The Division of Utility Services advertised for bids for construction of
two groundwater monitoring wells at the County Landfill. Three bids were
received and subsequently opened at 10:00 A.M. on Friday, July 26, 1985.
The bids were as follows:
1. Drilling Services, Inc.
2. Persson Drilling Corp.
3. Jammal Associates, Inc.
6
� AUG 7 1985
$2,892.00
$1,870.00
$4,020.00
BOOK
�� �4.;;t710
AUG 71995 BOOK 61 FAGE71
ANALYSIS
All the firms that submitted bids are qualified, reputable businesses
experienced in the construction of groundwater monitoring wells.
RECOMMENDATION
Staff recommends that the Board award the contract to the lowest bidder,
Persson Drilling Corporation, and authorize the Chairman to sign all
contracts for construction of the monitoring wells.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wodtke, the Board unanimously (4-0)
awarded the construction bid for two groundwater
monitoring wells at the County Landfill to the low
bidder, Persson Drilling Corporation, in the amount
of $1,870 and authorized the Vice Chairman to sign all
contracts for construction of the monitoring wells.
CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK
I. Reduction of a Portion of a Letter of Credit Held for
Improvements in the Sanderling Subdivision
The Board reviewed the following memo dated 7/29/85:
TO: DATE: FILE:
The Honorable Members July 29, 1985
of the Board of
County Commissioners
DIVISION HEAD CONCURRENCE:
SUBJECT: REDUCTION OF A PORTION
A, 5.41. OF A LETTER OF CREDIT
obert M. Keatirig, AICP HELD FOR IMPROVEMENTS
Planning & Development Director IN THE SANDERLING
SUBDIVISION
FROM: REFERENCES:
Stan Boling A,Q,
Staff Planner
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular business meeting of August 7, 1985.
DESCRIPTION AND CONDITIONS:
The developer of the Sanderling Subdivision, Associate Manage-
ment Group, Inc. (Thomas H. Collins, President) is requesting
the reduction of a portion of the $70,000.00 letter of credit
held by Barnett Bank of Central Florida. The letter of credit
7
secures a contract (No. SD -84-10-034) entered into by the County
and Associates Management Group, Inc. to construct required
improvements in The Sanderling subdivision. Pursuant to the
developer's request, the County Engineering Department has
inspected the constructed improvements.
ALTERNATIVES AND ANALYSIS:
The County Engineering Department and the developer agrees that
all but some sodding, seeding, and mulching work remains to be
performed pursuant to the construction contract. Therefore,
Public Works recommends that the posted security be substanti-
ally reduced, with the following amount retained for the remain-
ing work:
sodding . . . . . . . . . . . . . . . . $529.50
seeding and mulching . . . . . . . . 654.00
subtotal 1,183.50
(x) 115% 1,362.00
total to be retained 11362.00.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners adopt
the attached resolution, authorizing Barnett Bank of Central
Florida to reduce the letter of credit by $68,683.00, retaining
$1,362.00 to secure the remaining contracted improvements.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wodtke, the Board unanimously (4-0)
adopted Resolution 85-80, authorizing Barnett Bank
of Central Florida to reduce the Letter of Credit for
Sanderling Subdivision by $68,683, retaining $1,362 to
secure the remaining contracted improvements.
8 '
AUG 7 1985 BOOK 61 FAtGE 712
r
AUG 11985
RESOLUTION 85-80
BOOK 61 P' GE 713
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA AUTHORIZING REDUCTION OF THE AMOUNT OF THE
LETTER OF CREDIT HELD UNDER THE TERMS OF CONTRACT NO.
SD -84-10-034 TO CONSTRUCT REQUIRED IMPROVEMENTS IN THE
SANDERLING SUBDIVISION.
WHEREAS, Indian River County (County), and Associates Manage-
ment Group, Inc. (Developer) have entered into a contract to
construct required improvements; and
WHEREAS, an irrevocable letter of credit for $70,000.00 (No.
1830 issued 29 January 1985) securing said contract has been
issued by Barnett Bank of Central Florida (Bank) for the
Developer, naming the County as beneficiary; and
WHEREAS, under the terms of the contract, the Public Works
Director has caused an inspection of the completed required
improvements, is satisfied with the work performed, and recommends
a reduction in the amount of the issued letter of credit.
Now, therefore, be it resolved by the Board of County Commissioners
of Indian River County, Florida that:
Barnett Bank of Central Florida is hereby authorized to reduced
the amount of the irrevocable letter of credit from $70,000.00
to $1,362.00. The retained $1,362.00 of credit shall be held
under the terms of the existing contract.
The foregoing resolution was offered by Commissioner
Bird 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 Absent
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 7th day of August ,
1985.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
BY: / C
DON C. SMOCK, JR.
VICE CHAIRMAN
Attest :A. �r)ft e
FREDA.•WRIGHT, &1erk 61DZ4 4'
STATE OF FLORIDA •
COUNTY OF INDIAN RIVER
RESOLUTION 85- 80con't
I HEREBY CERTIFY that on this day, before me, an officerdu
authorized in this State and County to take acknowledgeme s,
personally appeared DON C. SCURLOCK, JR. and FREDA WRIGH , as
Vice -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 acknowledge
before me that they executed the same.
WITNESS my hand and official seal in the ounty and State last
aforesaid this /j xk day of A.D., 1985.
—�
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY
(P.,BY:
CHARLES P. VITUNAC
County Attorney
tar Public ;
NOTARY PUBLIC STATkOF FLORIDA
BONDEDTNRU GENERAL INSWNCE UND ,
My COMMISSION EXPIRES JULY 8 1986
J. Retroactive Approval to Declare Voting Machines as Surplus
Property for Disposal
The Board reviewed the following memo dated 7/30/85:
TO: Board of
County Commissioners
DATE: July 30, 1985 FILE:
SUBJECT: Shoup 2.5 voting machines
FROM: Ann Robinson REFERENCES:
Supervisor of Elections
AUG
C`bt-
t�
ot s
colo o"oG 2� �J
Thanks to your timely decision to purchase new punch card voting
equipment at the budget workshop on July 12, I was able to talk
to the Supervisors of Elections in person at the FSASE convention
the week of July 15-19. Several of those Supervisors who still
use the Shoup machines expressed an interest in buying some of
the machines.
Two of the Supervisors called this week to say they want to come
Thursday or Friday to buy some machines, and possibly some of
the extra parts. The OkeechobeeCounty Supervisor called me
yesterday to tell me they'd be here at the end of the week.
10
719 BooK 61 F�,H 714
AUG 7 1985 BOOK 61 PAGE 7.15
I had hoped to add this to the County Commission agenda in the
morning so that the BCC could declare the machines and extra
parts as surplus. Unfortunately, there won't be a meeting.
This is a request for retroactive approval at your meeting of
August 7 for the sale of the machines and parts as surplus.
Attached is a list of the model numbers of the machines and
an inventory of the parts.
Okeechobee County is interested in 7 of the machines and
_Lake County in 15 of them.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wodtke, the Board unanimously (4-0)
declared voting machines and extra parts as surplus
property for disposal, as requested by Ann Robinson,
Supervisor of Elections.
K. Release of Easements - Oslo Park Subdivision, Lots 19 & 20,
Block D
TO: The Honorable Members DATE: July 23, 1985 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE: RELEASE OF EASEMENTS
SUBJECT: REQUESTED BY SOUTHERN
BELL TELEPHONE & TELE-
GRAPH COMPANY- LOTS 19 &
Robert M. Keats g, CP 20, BLOCK D, OSLO PARK
Planning & Development Director SUBDIVISION
FROM:z- ,O REFERENCES:
Roland M. DeBlois R/E Southern B.
Staff Planner DIS:REMS
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of August 7, 1985.
DESCRIPTION & CONDITIONS:
The County has been petitioned by Southern Bell Telephone &
Telegraph Company, owners of subject property, for release of
the 5 foot common side lot line easement, being the south 2.5
feet of Lot 19 and the north 2.5 feet of Lot 20, Block D, Oslo
Park Subdivision. Lots 19 and 20, Block D, Oslo Park
Subdivision are found in Plat Book 3, Page 96 of the Public
Records of Indian River County. These lots are 50 feet in
width and 100 feet in depth. It is Southern Bell's intention
to construct an electronic equipment enclosure (building) on
the two lots..
The Current zoning classification is C-1, Commercial District.
The land use designation is MXD, Mixed Use District.
11
ALTERNATIVES & ANALYSIS:
This request has been reviewed by Southern Bell, Florida Power
& Light Company, Florida Cablevision, the County Utility
Department and the County Right -of -Way Department. None of
these agencies had objections to the release of these
easements. The zoning staff analysis, which included a site
visit, showed that drainage would be adequately handled by the
existing front and rear swales.
It is the zoning staff's opinion that to release the common
side lot line 5 foot utility and drainage easement, being the
north 2.5 feet of Lot 20 and the south 2.5 feet of Lot 19,
Block D, Oslo Park Subdivision, would have no adverse effect.
RECOMMENDATION:
Staff recommends to 'the Board, through adoption of a
resolution, the release of the common side lot 5 foot utility
and drainage easement, being the south 2.5 feet of Lot 19 and
the north 2.5 feet of Lot 20, Block D, Oslo Park Subdivision,
Plat Book 3, Page 96 of the Public Records of Indian River
County.
ON MOTION by Commissioner Bird, SECONDED by I
Commissioner Wodtke, the Board unanimously (4-0)
adopted Resolution 85-81, releasing the common side lot
5 -ft, utility and drainage easement of Lots 19 and 20,
Block D, Oslo Park Subdivision, to Southern Bell
Telephone & Telegraph Company.
12
BOOK 61 �r,.cE 716
AUG 7 1985 BOOK 6 -717
RESOLUTION NO. 85-81
WHEREAS, The Board of County Commissioners of Indian
River County, Florida, have been requested to release the 5 foot
common side lot line easement on the south side lot line of Lot
19 and the north side lot line of Lot 20, Block D, Oslo Park
Subdivision, according to the Plat thereof as recorded in Plat
Book 3, Page 96 of the Public Records of Indian River County,
Florida.
WHEREAS, said lot line easement was dedicated on the
Oslo Park Subdivision for public utility purposes, and
WHEREAS, the request for such release of easement has
been submitted in proper form;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the following
lot line easement in Oslo Park Subdivision, shall be released,
abandoned and vacated as follows:
The -5 foot common side lot line easement, being the
south 2.5 feet of Lot 19 and the north 2.5 feet of Lot
20, Block D, Oslo Park Subdivision, according to the
Plat thereof as recorded in Plat Book 3, Page 96 of the
Public Records of Indian River County, Florida.
BE IT FURTHER RESOLVED that the Chairman of the Board
of County Commissioners and the Clerk of the Circuit Court be and
they hereby are authorized and directed to execute a release of
said lot line easements hereinabove referred to in form proper
for recording and placing in the Public Records of Indian River
County, Florida.
This 7th day of August , 1985.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY,
FLORIDA
BY:"0'
DON C :- SCUR.LOCK, JR
Vice Chairman
'.AT ES
Freda Wright, C erk
dam- a"
Approved as to form
and legal sufficiency:
Charles P. Vitunac,
County Attorney
13
RESOLUTION NO. 85-81
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
I HEREBY CERTIFY that on this day before me an officer
duly authorized in the State and County aforesaid to � acknow-
DON C. SCURLOCK, JR..
ledgements personally appeared, MfOr=a Ix -as Chairman of
the Board of County Commissioners of Indian River County, a
'
political subdivision of the State of Florida, and Freda Wright,
as Clerk of the Circuit Court, to me known to be the persons duly
authorized by said County to execute the foregoing instrument and
they acknowledged before me that they executed the same for and
on behalf of the said political subdivision.
WITNESS by hand and seal in the County and State last
aforesaid this -�-- day of , 1985.
0 414-9M."
14
UG 71985
No'fary &tblic,' Skate a
Florida at Large:
My Commission Expires'. ;
NOTARY PUBLIC Sik OF kOkitiA '
BONDED THRU GENERAL INSURANCE UND i
MY COMMISSION EXAIRES JULY. A 1986
AUG 7 1995
BOOR 61 mc F. 719 -7
RELEASE OF EASEMENT
This Release of Easement, executed this 7th day of
August , 1985, by the BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the
State of Florida, first party; Southern Bell Telephone &
Telegraphi%Company, whose mailing address is 3300 Okeechobee
Road, Room 237, Fort Pierce, Florida 33450, second party:
WITNESSETH
That the said party of the first part for and in consi-
deration of the sum of One Dollar ($1.00) and other good and
valuable consideration in hand paid by the said second party,
does hereby remise, release, abandon and quit claim unto the
said second party forever, all the right, title, interest,
claim and demand which the said first party has in and to the
following described easements, lying on land situated in the
County of Indian River, State of Florida, to -wit:
The 5 foot common side lot line easement, being the south
2.5 feet of Lot 19 and the north 2.5 feet of Lot 20, Block
D, Oslo Park Subdivision, according to the Plat thereof as
recorded in Plat Book 3, Page 96 of the Public Records of
Indian River County, Florida.
TO HAVE AND TO HOLD the same with all and singular the
appurtenances thereunto belonging or in anywise appertaining and
all estate, right, title, interest, equity to the only proper
use, benefit and behoof of the said second party forever.
IN WITNESS WHEREOF, the said first party has signed and
sealed these presents by the parties so authorized by the law and
the day and year first above written.
Signed, sealed and delivered
in the presence of:
Approved as to form
and legal sufficiency:
15
i unac, -
CANWttorney
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY,
FLORIDA
BY:
DON C. SCUR.LOC , R.,VICE' AIR.NAN
ATTEST:
Freda Wright, Clerk
_ZC e0
004EA" Q O.Q.
REQUEST FOR ADDITIONAL FUNDS FOR RENOVATION OF OFFICE SPACE FOR
THE STATE ATTORNEY'S OFFICE
The Board reviewed the following memo dated 8/7/85:
ROBERT E. STONE
STATE ATTORNEY
OFFICE OF
BRUCE COLTON STATE ATTORNEY
CHIEF ASST. STATE ATTORNEY
NINETEENTH JUDICIAL CIRCUIT OF FLORIDA
SERVING
INDIAN RIVER, MARTIN, OKEECHOBEE
AND ST. LUCIE
TO: Indian River County Commissioners
FROM: Robert E. Stone
REF: August 7, 1985 Agenda
PLEASE REPLY TO:
P.O. Box 2892
Vero Beach, FL
32961-2892
(305) 562-1001
I am requesting to be put on the August 7th Commissioner's Agenda.
I will be requesting additional funds for the renovation of office space
for the State Attorney's Office.
Robert E. Stone, State Attorney, reminded the Board that he
has never appeared before them to ask for anything that wasn't
necessary. He explained that he had intended to ask for
additional funds today in order to complete the renovation.
After he requested that this be put on today's Agenda, however,
General Services Director Sonny Dean had assured him that his
concerns would be taken care of. Attorney Stone spoke of the
difficulties in remodeling an older building and recalled the
problems they experienced in their present quarters with respect
to the air conditioning, which is why he had felt paddle fans
would be needed in the new quarters. However, he stated that he
is willing to try the air conditioning system in the new building
before asking for ceiling fans. In addition, he had felt drapes
or some type of window covering would be needed for the offices
facing the street, but he since has been advised by Director Dean
that there will be vertical blinds to provide privacy for the law
offices.
AUG 7 1985
He also had intended to request paneling for some
16
BOOK F�1GE. 6'rSu
AUG 7 1985 BOOK 61 FnH 721
offices which have a mixture of different coverings, and he felt
it was a fair request to have them all the same -- either painted
or paneled. In closing, Attorney Stone advised that he would be
back with a request for additional funds if he found the new
quarters lacking.
PUBLIC HEARING - RESORT CONDOMINIUM RESALES, INC. REQUEST TO
REZONE 2.14 ACRES FROM M-1, RESTRICTED INDUSTRIAL DISTRICT, to
C-1, COMMERCIAL DISTRICT
The hour of 9:15 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 Weekly -•
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER:
STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
in the matter of
in the % Court, was pub-
lished in said newspaper in the issues of14AIJ.,L��
Jfi aa, �
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, and that the said newspaper has heretofore
been continuou�ly�published in said Indian River County, Florida, weekly and has been entered
as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida
for a period of one year nexVpreceeding the first publication of the attached copy of adver-
tiserrent; and affiant further says that he has neither paid nor promised any person, firm or
corporation any discount, rebate, commission or refund for the p rpose of securing this adver-
tisement for publication in the said newspaper.
Sworn to and subscribed befor e s ay of A.D.
•
(B iness Manager)
�L ....
17
yh-k,F
: NOTICEHEARIN4
Notice of hearing to consider adoption of a
County ordinance rezoning land from: M-1, Re-
stricted Industrial District to C.I. Commercial
District. The subject' property is presently owned
by Resort Condominium Resales, Inc., and Is 10-
cated west of South U.S. #1, east of F.E.C. Rail-
road and approximately 900 test south of Oslo
Road (9th Street/C.R. 606)• '
The subject property is described as::
Thescrim llaand n following feet of the n
the North % oftheNorth-
r west Quarter. of Section 30, Township 33
South, Range 40 East. in Indian River
County, Flo da, to wit
Commence at a point 671.53 feet South
of the Northeast comer of the said
Northwest Quarter, thence run West to
the West right-of-way line of U.S. High-
way No. 1run , and Point of Beginning;
right-oof-way of Florito dasEast line
Coast Rail-
way;
aaiil- t
way; thence run South along said East
North f'h ofinsaid e to tNorthwestSouth lnQuartee of rr,
thence run East to the West right-of-way 'S
fine .ot U.S. Highway No. 1, thence run
c. North- along- said Highway right -of way
tine to the Point of Beginningr
A public hearing at which parties in Interest
rtunity to be
heard, citizens
will held by the boarshall have an d of
eardCounty Com-
missioners of Indian River County, Florida, in the
County Commission Chambers of the County
Administration Building, located at 1840 25
th
Street, Vero Beach: Florida on Wednesday. Aug-
ust 7.1985.8t 9:15 a.m. any decision
If any person decides to appeal
made,on the above mattterr he/she twill need h pura-
record of the ,proceed 9
Pur-
poses, he/she may need to ensure that a verbs-
tifn record of the proceedings is made, which In-
cludes testimony and evidence upon which the
appeal Is based. , , v
Indian River County
Board of County Commissioners
- ' <, gy; -s- Patrick B. Lyons
Chairman
July 18, 30,1985:
Richard Shearer, Chief of Long -Range Planning, reviewed the
following memo dated 6/28/85:
TO: The Honorable Members DATE: June 28, 1985 FILE:
of the Board of
County Commissioners
DIVISION HEAD CONCURRENCE: RESORT CONDOMINIUM RESALES,
SUBJECT: INC. REQUEST TO REZONE
2.14 ACRES FROM M-1,
Planning & Deve pme Director RESTRICTED INDUSTRIAL
Robert M. Keating, A CP DISTRICT, TO C-1 COMMERCIAL
DISTRICT
FRO""hichard Shearer, AICP REFERENCES: ZC-143 BCC Memo/Dean
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
regulax meeting of August 7, 1985.
DESCRIPTION & CONDITIONS
John Dean, an agent for Resort Condominium Resales, Inc., the
owner, is requesting to rezone 2.14 acres located approximately
900 feet south of Oslo Road on the west side of U.S. 1 from M-1,
Restricted Industrial District, to C-1, Commercial District.
The owner intends to develop this property for offices and other
commercial uses.
On June 27, 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 appli-
cation will be presented. The analysis will include a descrip-
tion of the current and future land uses of the site and sur-
rounding 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 and the properties south of it are un-
developed. North of the subject property is a flea market, a
furniture store and undeveloped land zoned M-1. East of the
subject property, across U.S. 1, is a mobile home park zoned
RMH-8, Mobile Home Residential District (up to 8 units/acre).
West of the subject property is the F.E.C. railroad. Further
west is undeveloped land zoned M-1.
Future Land Use Pattern
The Comprehensive Plan designates the subject property and the
land north, south, and west of it as part of the U.S. 1 MXD,
Mixed -Use Corridor (up to 6 units/acre). The land east of the
subject property is generally designated as LD -2, Low -Density
Residential 2 (up to 6 units/acre). However, there is an 80 acre
commercial node at the intersection of U.S. 1 and Oslo Road. The
land east and north of the subject property should be included in
this node and should be rezoned commercial.
18
L_ AUG 7 1985
BOOK 61 f',oE
AUG 7 1985
BOOK 61 f',�jr 793
The Comprehensive Plan states that commercial and industrial uses
are anticipated to utilize the majority of the land area within
the U.S. 1 Mixed Use Corridor. Based on this policy and the fact
that this property will probably abut the commercial node at
U.S. 1 and Oslo Road, this request is in conformance with the
Comprehensive Plan and consistent with the future zoning of this
area.
Transportation System
The subject property has direct access to U.S. 1 (classified as
an arterial street on the Thoroughfare Plan). The maximum
development of the subject property under C-1 zoning could
attract up to 1,897 average annual daily trips.
Environment
The subject property is not designated as environmentally sensi-
tive nor is it in a flood -prone area.
TT4-i 1,4 -,oma.
A 10 inch watermain runs along the east side of U.S. 1 south of
Oslo Road. County wastewater facilities are not available.
RECOMMENDATION
Based on the above analysis, including the Planning and Zoning
Commission's recommendation, staff recommends approval.
Commissioner Bird emphasized that we have an opportunity to
do something really outstanding in that U.S. #1 corridor. If we
don't, he believed we will end up with something similar to all
the curb cuts St. Lucie County has along their stretch of the
highway and he felt that situation should be avoided.
Planning & Development Director Robert Keating advised that
the new Site Plan Ordinance has specific provisions to address
that problem.
Vice Chairman Scurlock opened the Public Hearing and asked
if anyone wished to be heard in this matter.
John Dean, project architect, advised that he would be glad
to answer any questions. There were none.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
closed the Public Hearing.
19
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wodtke, the Board unanimously (4-0)
adopted Ordinance 85-65, approving Resort
Condominium Resales, Inc, request to rezone 2.14 acres
from M-1, Restricted Industrial District, to C-1,
Commercial District.
20
L- AUG 7 195
BOOK U PAGE 724
-4hill-
A U G 7 1995 Boa 61 r'�' 2
ORDINANCE NO. 85-65
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
County, Florida, to -wit:
The South 360 feet of the following described land
in the North I of the Northwest Quarter of Section
30, Township 33 South, Range 40 East, in Indian
River County, Florida, to wit:
Commence at a point 671.53 feet South of the North-
east corner of the said Northwest Quarter; thence
run West to the West right-of-way line of U.S.
Highway No. 1, and Point of Beginning; thence run
West to the East line of the right-of-way of
Florida East Coast Railway; thence run South along
said East right-of-way line to the South line of
the North # of said Northwest Quarter, thence run
East to the West right-of-way line of U.S. Highway
No. 1, thence run North along said Highway
right-of-way line to the Point of Beginning.
Be changed from M-1, Restricted Industrial District
to C-1, Commercial District.
All with the meaning and intent and as set forth and
described in said Zoning Regulations.
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida on this 7thday of August 1985.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY: / e
DON C. SC OCK, J .
Vice Chairman
Acknowledgment by the Department of State of the State of Florida
this 12th day of August , 1985.
21
ORDINANCE NO. 86-65
Effective Date: Acknowledgment from the Department of State
received on thisl5th day of August , 1985, at 2:00 A.M./P.M. and
filed in the office of the Clerk of the Board of-- —County
Commissioners of Indian River County, Florida.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY.
Qah�v_t�
CHARLES P. VITUNAC, County Attorney
PUBLIC HEARING - COUNTY -INITIATED REQUEST TO REZONE 16.15 ACRES
FROM RS -6, SINGLE-FAMILY RESIDENTIAL DISTRICT, TO C-2, HEAVY
COMMERCIAL DISTRICT
The hour of 9:15 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 Weekly
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RiVER:
STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
in the / Court, was pub-
lished in said newspaper in the issues of L ��
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, weekly and has been entered
as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida
for a period of one year next preceeding the first publication of the attached copy of adver-
tiserrent; and affiant further says that he has neither paid nor promised any person, firm or
corporation any discount, rebate, commission or refund for the purpose of securing this adver-
tisement for publication in the said newspaper. /� Q
Sworn to and subscribed before m this � day of A. D. < %v Z
�_ /1 (2 n
22
L AUG 7 1985
NOTICE PUBLIC HEARING
Notice of hearing Initiated by 'Iridian River
County to consider the adoption of a County or-
dinance rezoning land from: RS -6, Single -Family
Residential District, to C-2, Heavy Commercial
District. The subject property Is located South of
South Gifford Road (41st Stmt) North of the
Vero Beach City Limit Line, and approximately
275' East and West of 43rd Avenue. ,,..';;1..
The subject property is described as: v
t) West 10 acres, of Tract 12, Section 27,
ownship 32S. Range 39E, according to
the last general plat of lands of the In -
than River Farms Company, tiled in the
-office of the Clerk of the Circuit Court of,
St. Lucie County, Florida, now tying In,lrt- , r
than River County, Florida.
2) Fist 10 acres of Tract 9,. Section 48, . -
Township 32S, Range 39E, according to ,
the last general plat of lands of the In=.
dtan River Farms Company, filed In the ``^
office of the Clerk of the Circuit Court of
St. Lucie County Florida, LESS AND EX-
CEPT THE FOLLOWING DESCRIBED .
PROPERTY ` WA
The North 100 feet of the South'
rf 247 feet of the North 7 acres of ;.;:'.,i
the East 10 acres of Tract 9, the 11M4
South 28.76 feet of the North 470
.feet of the North 7 acres of the
East 10 acres and, the North
71.22 feet of the South 463.22 ,' '•; ::
--.-feet of the North 7 acres of the
East,10 acres of Tract 9, Section.:; r
28,' Township 32S. Range 39E, l
less and except all rights-of-way •> :.i
for roads, canals and ditches. "
A public hearing at which parties In Interest
and citizens shall have an opportunity to be
heard, will be held by the Board of County Com-
missioners of Indian River County, Florida, In the
County Commission Chambers of the County
Administration Building, located at 1840 25th
Street, Vero Beach, Florida on Wednesday, Aug-
ust 7,1985, at 9:15 a.m. r, 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 ensurelhat a verba-
tim record of the proceedings Is made, which In-
cludes testimony and evidence upon which the
appeal is based. •,
Indian River County
Board of County Commissioners
By. -s- Patrick B. Lyons
Chairman
July 18, 30,1985.
BOOK 61 FAGS 726
AUG 7 1985 BOOK 61 f'"�F. 7121; 7
The Board reviewed the following memo dated 6/28/85:
TO: The Honorable Members DATE: June 28, 1985 FILE:
of the Board
of County Commissioners
DIVISION HEAD CONCURRENCE: COUNTY -INITIATED REQUEST
TO REZONE 16.15 ACRES
SUBJECT: FROM RS -6, SINGLE-FAMILY
Robert M. Kea7ting,okICP RESIDENTIAL DISTRICT, TO
Planning & Development Director C-2, HEAVY COMMERCIAL
DISTRICT
FROM: Richard Shearer, AICP REFERENCES: ZC-140 BCC Memo
Chief, Long -Range Planning RICH
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of August 7, 1985.
DESCRIPTION & CONDITIONS
The County is initiating a request to rezone 16.15 acres located
south of 41st Street (South Gifford Road) on both sides of 43rd
Avenue from RS -6, Single -Family Residential District (up to 6
units/acre) to C-2, Heavy Commercial District.
On January 2, 1985, the Board of County Commissioners rezoned a
.64 acre parcel located adjacent to the subject property to C -2 -
On June 5, 1985, the Board rezoned a .59 acre parcel located
adjacent to the subject property from RS -6 to C-2. The staff
recommended approval of both of these requests based on the
facts that conditions have changed in this area, the
single-family zoning is no longer appropriate, and that the
entire area should be rezoned to C-2.
On June 27, 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
environmental quality.
Existing Land Use Pattern
The subject property contains eleven (11) single-family
dwellings, three (3) mobile homes on individual lots, two (2)
auto repair facilities, a mobile home park, and vacant land.
North of the subject property, across 41st Street, are citrus
groves zoned RS -6. East of the subject property is the new
County jail site zoned RS -6. South of the subject property is
undeveloped land in the City of Vero Beach. West of the subject
property is the police pistol range in the City of Vero Beach.
Further west is undeveloped land zoned LM -1, Light Manufacturing
District, and the Humane Society property zoned M-1, Restricted
Industrial District.
/23
Future Land Use Pattern
The Comprehensive Plan designates the subject property and all
of the land around it (except the property in the City) as part
of the Gifford MXD, Mixed -Use District (up to 14 units/acre).
The Gifford MXD allows residential, commercial or industrial
land uses which will be regulated by the zoning ordinance. The
Comprehensive Plan states that, within MXD areas, the County
shall encourage redevelopment in accordance with the dominant
land uses and the health, safety, and welfare of area residents.
Based on the existing land use pattern in this area (including
the police pistol range and the auto repair facilities) and
considering the uses approved for this area (the County jail and
the Humane Society), the RS -6 zoning of the subject property no
longer seems to be appropriate. The proposed C-2 zoning would
not allow heavy industrial uses, but would allow redevelopment
in appropriate commercial uses.
Transportation System
The subject property has direct access to 43rd Avenue
(classified as a primary collector street on the Thoroughfare
Plan) and to 41st Street (classified as a secondary collector
street). The maximum development of the subject property under
the C-2 zoning would attract up to 2,300 average annual daily
trips.
Environment
The subject property is not designated as environmentally sensi-
tive nor is it in a flood -prone area.
T74- i l 1 4- , --
County water is available at the intersection of 43rd Avenue and
South Gifford Road. County wastewater facilities are not avail-
able.
RECOMMENDATION
Based on the above analysis, including the Planning and Zoning
Commissions's recommendation, staff recommends approval.
Planner Richard Shearer presented staff's recommendation for
approval of the rezoning and showed slides of the subject area.
He noted that no objections were raised by the residents of the
area at the Planning & Zoning Commission meeting of June 27,
1985..-
Commissioner
985..
Commissioner Wodtke asked if there was a commercial node in
that area as he wanted to be sure that U.S. #1 corridor is MXD,
and Mr. Shearer advised that there was is no node in that area
and was designated as MXD.
Vice Chairman Scurlock questioned the availability of
utilities in that area.
Vice Chairman Scurlock opened the Public Hearing and asked
if anyone wished to be heard in this matter. There were none.
AUG 7 1985
24 BOOK 61 FAcr 728
L_
AUG 7 1985 BOOK F,�;F 7?9
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wodtke, the Board unanimously (4-0)
closed the Public Hearing.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wodtke, the Board unanimously (4-0)
adopted Ordinance 85-66, approving the County -initiated
request to rezone 16.15 acres located south of 41st St.
(South Gifford Road) on both sides of 43rd Avenue from
RS -6, Single -Family Residential District to C-2, Heavy
Commercial District.
25
ORDINANCE NO. 85-66
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
County, Florida, to -wit:
West 10 acres of Tract 12, Section 27, Township
32S, Range 39E, according to the last general plat
of lands of the Indian River Farms Company, filed
in the office of the Clerk of the Circuit Court of
St. Lucie County, Florida, now lying in Indian
River County, Florida.
East 10 acres of Tract 9, Section 28, Township
32S, Range 39E, according to the last general plat
of lands of the Indian River Farms Company, filed
in the office of the Clerk of the Circuit Court of
St. Lucie County, Florida; LESS AND EXCEPT THE
FOLLOWING DESCRIBED PROPERTY:
The North 100 feet of the South 247 feet
of the North 7 acres of the East 10 acres
of Tract 9, the South 28.78 feet of the
North 470 feet of the North 7 acres of
the East 10 acres and the North 71.22
feet of the South 463.22 feet of the
North 7 acres of the East 10 acres of
Tract 9, Section 28, Township 32S, Range
39E, less and except all rights-of-way
for roads, canals and ditches.
Be changed from RS -6, Single -Family Residential District
to C-2, Heavy Commercial District.
All. with the meaning and intent and as set forth and
described in said Zoning Regulations.
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida on this 7th day of August
1985.
M
AUG 7 9985
BOOK 6 F 11i ,
BOOK 61 F,,,r 731
ORDINANCE NO. 85-66
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY: G
DON C. SCURLO JR.
Vice Chairman
Acknowledgment by the Department of State of the State of Florida
thisl2th day of August , 1985.
Effective Date: Acknowledgment from the Department of State
received on thisl5th day of August , 1985, at 2:00 A.M./P.M. and
filed in the office of the Clerk of the Board o County
Commissioners of Indian River County, Florida.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY.
CHARLES P. VITUNAC, County Attorney
PUBLIC HEARING - FELLSMERE JOINT VENTURE'S APPLICATION FOR
CONCEPTUAL SPECIAL EXCEPTION APPROVAL
The hour of 9:30 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to wit:
VERO BEACH PRESS -JOURNAL
Published Weekly
Veto 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 isBusiness Manager of the Vero Beach Press -Journal, a weekly newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a yad,
in the Court, was pub -
4 10
lished in said newspaper in the issues of /Jy
Affiant further says that the said Vero Beach Press-Joumal is a newspaper published at
Vero Beach, in said Indian River County, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, weekly and has been entered
as second class mail matter at the post office in Veto Beach, in said Indian River County, Florida
for a period of one year next preceeding the first publication of the attached copy of adver-
tisement; and affiant further says that he has neither paid nor promised any person, firm or
corporation any discount, rebate, commission or refund for the purpose of securing this adver-
tisement for publication in the said newspaper. �� Q.�
Sworn to and subscribed IAore rjp this : s1�" day of A.D.
0 siffess Manager)
27
XEARINO
PUBLIC .. -. .
oophweepbtO'on a gra ^8 eon.
paclift
ho—
the WO of CA. 512, 6% milm q8: at &It
.beet 2tto4er# fK) Of
((T44r66a))ct 2417. the tYdrUwast One 9aarler
(K) of Tract 2477. aarMeowdirNig (o dw plafj
of Feasmere Farm$ Company Subdivl-
elan es reoaded in Plat Book 3 Pegs
of the Pubke Records of St L= Cqm-
dtartRi acoiI landnowW land in In. i
and A an P>v5ea In Interest
heard, w10 ba beta by the BmvdOpp!.0 ti%o,r°i►
mosieners of Iridian River Counry, Flw.. , In Ste
Conon ss qt Chambers W Me Coun
Sg
Sheet v Beaeb Fft-"6:-Ca WyeArd%O y, 25
uvt 7. 1885. at 430 a.mIt any.
mxb
on above matter, helaam will now a
record Doses. of the , amt fp soca Pur.
Mn record oft need to enwre that a verba'.
rJudea teshmony andaviderwe�upon r Mnude.ei
appeal is based.
Indian Riva County
Board of Countyair Commiaebnen
-s Chatimari
July 18, 30. IBM
Karen Craver, Staff Planner, reviewed the following memo
dated 7/29/85:
TO: The Honorable Members DATE: July 29, 1985 FILE:
of the Board of County
Commissioners
SUBJECT:
FROM: Karen M. Craver-*�2EFERENCES:
Staff Planner
FELLSMERE JOINT VENTURE'S
APPLICATION FOR CONCEPTUAL
SPECIAL EXCEPTION APPROVAL
Is is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular business meeting of August 7, 1985.
DESCRIPTION AND CONDITIONS:
The recently adopted Residential Zoning Districts section of the
Zoning Code separates allowable uses into the following three
categories: Permitted Uses, Uses Requiring an Administrative
Permit, and Special Exception Uses. Special exception uses are
those types of uses that would not generally be appropriate
throughout a particular zoning district. However, when special
exception uses are carefully controlled as to number, area,
location, and/or relationship to the vicinity, such uses would
not adversely impact the public health, safety, comfort, good
order, appearance, convenience, morals and general welfare and
as such, would be compatible with permitted uses within the
particular zoning district.
Section 25.3 of the Zoning Code, Regulation of Special Exception
Uses, authorizes the Board of County Commissioners to decide all
applications for Special Exception Uses subsequent to a
recommendation by the Planning and Zoning Commission. Section
25.3 also provides for Conceptual Special Exception Approval
whereby the applicant may elect to submit a conceptual site
plan, rather than a complete site plan pursuant to the
requirements of Section 23. If the applicant is granted
conceptual special exception approval, the approval shall not be
considered final until a complete site plan satisfying all
conditions of special exception approval has been reviewed and
approved pursuant to Section 23, "Site Plan Approval".
The Planning and Development Division recently received its
first application for Conceptual Special Exception Approval from
Fellsmere Joint Venture. Conceptual approval is being sought to
construct a vegetable packing house, a special exception use
within the A, Agricultural zoning district. The A, Agricultural
zoning district will convert to the A-1, Agricultural zoning
district when the existing agricultural district is converted,
and at that time a packing house will be considered a use
requiring an administrative permit. Fellsmere Joint Venture is
proposing to locate the facility on the east side of C.R. 512,
approximately 61 miles north of S.R. 60. On July 25, 1985, the
Planning and Zoning Commission unanimously voted to recommend
that the County Commission grant Fellsmere Joint Venture concep-
tual special exception approval.
W.
AUG 7195
BOOK 61 F;jJE 732
FF'_
AUG
71985 BOOK
ANALYSIS:
-7 r
�1 F, -r 33
The following is an analysis of the plan submitted for
conceptual special exception approval. As the applicant will be
required to submit a complete site plan application following
conceptual approval by the Board, the Technical Review Committee
process may necessitate changes or revisions.
1) Size of Property: 21.2 acres
2) Zoning Classification: A, Agricultural District
3) Land Use Designation: A, Agricultural District
4) Building Area: 21,750 square feet
5) Off-street parking spaces required: 44
provided: 47
6)
Traffic Circulation: The conceptual
site
plan has been
reviewed and approved by the County Traffic Engineer.
7)
Drainage Plan: The conceptual site
plan
has been reviewed
and approved by the County Engineer.
8)
Landscape Plan: The conceptual site
plan
is in conformance
with Ordinance #84-47.
9)
Utilities: The conceptual site plan
has
been reviewed and
approved by the Director of the
Environmental Health
Department.
10) Surrounding Land Uses: The surrounding properties are
groves.
The conceptual site plan is in conformance with the Comprehen-
sive Plan and the Zoning Code and the proposed use is compatible
with the surrounding land uses. Due to the fact that a large
piece of property is involved, any possible adverse impacts on
the public health, safety, and general welfare could be easily
mitigated through extensive buffering.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners grant
conceptual special exception approval to Fellsmere Joint Venture
for a vegetable packing house.
Commissioner Bird felt that we should encourage packing
houses to be built in agricultural districts.
Planning & Development Director Robert Keating explained
that this application is being considered under the old
Agricultural District, which says that agriculturally oriented
businesses or industries are special exceptions. In the new
Agricultural District, fruit and vegetable packing plants will be
administratively permitted uses, which means they will not be
29
M
subject to as much review and won't have to come before this
Board after going to the Planning & Zoning Commission.
Commissioner Bowman believed the Board should consider the
significant impact this will have on traffic on CR -512 between
SR -60 and Fellsmere.
The applicant, Patrick Cleary, -General Manager of Fellsmere
Farms, explained that a vegetable packing house is basically the
same as a citrus packing house.
Vice Chairman Scurlock opened the Public Hearing and asked
if anyone wished to be heard in this matter. There were none.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
closed the Public Hearing.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
granted conceptual special exception approval to
Fellsmere Joint Venture for a vegetable packing house.
EXECUTION OF SUBORDINATION AGREEMENT - WATER TAPS FOR HOLIDAY
VILLAGE MOBILE HOME PARK (McGAVIN)
County Attorney Charles Vitunac explained that the County
presently is the holder of a $132,000 note secured by a mortgage
for SR -60 water taps for Holiday Village, a mobile home park on
27th Avenue. He reported that Adam McGavin, one of the owners,
had phoned him from New York this morning to advise that he
presently has two or three mortgages on the property in addition
to the County's mortgage, and he is trying to get a new first
mortgage from Cal -Fed of Ft. Lauderdale to pay off the mortgages
other than the County's mortgage. To do that he must drop the
County's mortgage to a secondary position and needs a
subordination agreement. The reason he won't pay the County's
mortgage off with the funds received from the first mortgage is
30 '
AUG 7 1985 BOOK . F -,E 34
FF'
AUG 7 1995 13ooK 61 F'A.cE 735
that he will be charging his tenants a monthly fee for water in
addition to their rent and he will use that money to pay off the
water bill.
Vice Chairman Scurlock asked if the appraisal of the value
of the property indicates that it is not being over financed, and
Attorney Vitunac reported that the appraisal by D. H. Prior &
Associates from Boca Raton, shows the market value to be
$1,400,000 as of May 30, 1985. The first mortgage from Cal -Fed
would be about $1,050,00 and with the County's mortgage of
$132,000, the property would be mortgaged for approximately $1.2
million.
Administrator Wright pointed out that even if the mobile
home park went defunct and all the mobile homes were removed, the
County would get back the entire 100 taps.
Vice Chairman Scurlock asked why the tenants are paying for
permanent capital improvements to Mr. McGavin's property, and
Utilities Director Terry Pinto explained that there are various
specific items that an owner is allowed to pass through under the
mobile home laws with respect to rent regulations.
Vice Chairman Scurlock anticipated that many irate renters
would be coming in objecting to the higher rents because they do
not understand these laws.
Director Pinto advised that the ordinance is very specific
and states that if there are existing units and there is a
hardship for payment, the County has the ability to allow the
impact fees to be paid off over a period of five years.
Normally, the County does not hold a mortgage on these
properties, but the Board has the ability to lien with or without
the ordinance. There are cases where there is no room in a
mortgage
to
lien,
such as when
an owner
of a single family
home
comes in
and
shows
a hardship
in that he
can't get one more
cent
out of his house and does not have any other source for obtaining
money to pay for the impact fee.
31
W W M
Commissioner Wodtke believed that County policy is to
require dollars up front with respect to a new development, but
Director Pinto pointed out that this is an existing development.
He was more concerned, however, about the single-family resident
who has already incurred an investment in their utilities by
putting in a well and septic system.
Vice Chairman Scurlock wanted it on record that he felt it
is totally inappropriate for a landlord to charge back permanent
capital improvements over a 5 -year period to tenants who may not
be there at the end of five years. He further felt that while we
may not have the legal ability to control this, we may at least
want to take the position that we don't think it is the best way
to do it.
Director Pinto agreed, particularly in a mobile home park,
where someone could be there for 5 years and pay for that water
tap and then move his mobile home off the lot giving a new tenant
the benefit of the improvement without paying any of the cost.
He stressed, however, that there is very specific legislation to
control what can be considered increases in rent or pass through
charges.
Vice Chairman Scurlock asked if we were to allow the park
owner to redevelop his own system under the existing mobile home
laws, would he be able to recover that over a 5 -year period or
would he be required to take it over a longer period.
Director Pinto explained that he could take it outside of
his rate system and do it under a franchise and recover it over
the life of the system. Or, if the Board agreed to allow him the
rates to recover, he could do it whatever way he wished.
Director Pinto noted that it is unusual that we require a
lien against the property, because it comes down to the fact that
if you want the water, you pay for it and if you don't pay for
it, you stop getting the water.
32 �y
BOOK 61 FrjUt 1 ��6
AUG 7785 -
AUG 7 1985 BOOK61 P,a,F 70 7
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bird, the Board unanimously (4-0)
approved execution of the subordination agreement
and authorized the Vice Chairman's signature.
SUBORDINATION AGREEMENT WILL BE PUT ON FILE IN THE OFFICE OF THE
CLERK WHEN FULLY EXECUTED AND RECEIVED
LEASE AGREEMENT FOR NORTH COUNTY SHERIFF OFFICE
Attorney Vitunac reviewed several minor changes made on the
County's lease agreement with Shopping Centers, Ltd, for the
Sheriff's north county office, and advised that Ed Schlitt, the
landlord, had agreed to those minor changes.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
approved the agreement with Shopping Centers, Ltd.
for leasing of space for the Sheriff's north county
office, as amended by the County Attorney.
LEASE AGREEMENT WILL BE PUT ON FILE IN THE OFFICE OF THE CLERK
WHEN FULLY EXECUTED AND RECEIVED
CORRECTIVE DEED - E. M. NETTO
The Board reviewed the following memo dated 8/5/85:
33
TO: Board of County DATE: August 5, 1985 FILE: I
Commissioners
SUBJECT:
CORRECTIVE DEED
FROM: Charles P. Vitunac, REFERENCES:
County Attorney
Attorney John Gould has requested that a corrective deed be
Issued , as shown, to add the subdivision name in the legal
description of property sold by Indian River County to his
client in 1978. This would clear up a title problem.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bird, the Board unanimously (4-0)
authorized the issuance of a corrective deed
to E. M. Netto.
LAUG 71985
34
BOOK 61 f'AGE. 738
AUG 7 1995
BOOK 61 u�F. 73
D E E D
THIS DEED, made this 7th day of August, 1985, by
INDIAN RIVER COUNTY, FLORIDA, party of the first part, and E.
M. NETTO, whose post office address is: Post Office Box 399,
Vero Beach, Florida, party of the second part.
WITNESSETH that the said party of the first part, for
and in consideration of the sum of $10.00 to it in hand paid
by the said party of the second part, receipt whereof is
hereby acknowledged, has granted, bargained, and sold to the
party of the second part, his heirs and assigns forever, the
following described land lying and being in Indian River
County, Florida:
East 82.11 feet of North 100 feet of South 135 feet of
East 10.46 Acres of West 20.46 Acres of Tract 4, Section
14, Township 33 South, Range 39 East, according to 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 land lying and being in
Indian River County, Florida.
This deed is made, executed and delivered for the sole
purpose of correcting the legal description of the first
parcel of land described in a prior deed from the said party
of the first part to the said party of the second part, which
deed was dated June 13, 1978, and recorded in.Official Record
Book 568, page 1415, public records of Indian River County,
Florida.
IN WITNESS 11HEREOF, the said party of the first part has
caused these presents to be executed in its name by its Board
of County CoiTImissioners acting by the Chairman of said Board,
the day and year aforesaid.
Approved as to form
andlegal sufffficiency :
Charles P. Vitunac,
County Attorney
(OFFICIAL SEAL)
ATTEST: �AL&-al
Clerk, Ci61P e't ur
Indian River County, Florida
By its Board of County Commissioners
By: / G
"'L"6zz'4
ice Cl -airman IV
GOULD, COO NELL, APPLEBY, BARKETT & O'NEILL
'AMAW OFFICES ONAL ASSOCIATION H, FLORIDA
D E E D I
�) ~ THIS DEED, made this 13th day of June , 1978
by INDIAN RIVER COUNTY, FLORIDA, party of the first part and
hE. M. NETTO, whose post office address isz Post Office Box
` ....... 399, Vero Beach, Florida, party of the second, part. !�
�-" WITNESSETH that the said party of the :first ca:t, for
sc�L G .f�
N'+ and in consideration of the Sum of $10,800.00 to it in hind pa 11.
rrj 11 by the party of the second part, receipt whercof is t ehl 'y
J
acknowledged, has granted, bargained, and sold the party of
the second part, his heirs and assigns forever, theCe fes,; .rtr
T',
described land lying and being in Indian River County, Flor :a
East $2.11 feet of North 100 feet of South 135 feet
.�.'" 6a:of East 10.46 Acres of West 20.46 Acres of Tract 4, t
`• _.�;' Section 14, Township 33 South, Range 39 East, said land : .
lying and being in Indian River County, Florida O a
Book 167• Page 470.
5
Iw` � FIYt i
0�1 l -'•s .� tr
and
s t �
Lot o and South 1/2 of Lot 3, Block 3, JOEL ?rdIt'riT S b l
ADDITION TO VERO BEACH, according to Plst *hereof , f.r .
s recorded in Plat Book 3, page 13, Public Recar's of .
j=!Xi
•�`�h Ind an River County, FloridaY may,
tN 't"^ -r7 Kz> - ` .!`3 e.� tt,,. .ia'vr>i y ..>:•.F% �.r f •` - ,`- t'{-, i`° - - y
IN WITNESS whereof, the said party of the first
L1. ►- It �S:�u ru t
has caused these presents, to be executed in its name by its i
^ 7 Fi•- +ia.R n ' t .:'.,i'i- t � .fie the Chairman
Cwary o- S. -,id
Board of County Commissioners acting
, �-
' i O
hlWj•, '
1 '�•� = Board, the day and year aforesaid
_ ~.y
�.. W- ' ( cp. `x'L r •�•1`*-
:E;.--f�-i r t
• •-
453=s.�i<c �• t r.g � '[ 3 c �•s t'� r� x z -
•"�.a^.iTi-kyr�"i4.."'k
ul,. a stt�1YasstP F4i�. :; r •j'e (OFFICIIL SEAL)
046 ' � mow•, Y .2d f � �. x
� �r.',!"s'k
ATTST
E \ t l 1t
' t
.� 1� t• tR sy.:dux - � 3, �t 0`3:.,x;6 ate' �-P`'�+-'" "u.
Clerk. ,Circuit C jur
C. t • ¢ N, ; f - .s..,. ,,g'?+;, �5.+±3.`F{` t'. -., g�•4- � s .,✓ � •fir:: �• ♦ . r^,rbi.'.`�x �z
£«- Tndian RiverCounty, Florida n
By its Board of County CO.= sioners.`
Wi C. Wodt e, Jr.p* C ai yawn
w
jBarn
f
1
J
LAW OFFICES Or COLLINS. BROWN. VAN OE VOOROE
S EVANS. CHARTEREO
P. O. BOIL 36845 • 744 BEACMLANO BOULEVARO • VERO BEACH. FLORIOA 32060
-MONE 867.4360
- -
O. BOIL 266 220 NORTH U 6 NO I • SEBASTIAN. FLORIDA .!201M
►HONE 6645.3106 ,
BOOK �� F'All
� AUG 7 1985 -
AUG
7
1995
BOOK
�� F,,;c 741
SCHEDULING OF DEVELOPMENT OF REGIONAL
IMPACT HEARING
FOR GRAND
HARBOR DEVELOPMENT
Administrator Wright recommended that the DRI hearing be
scheduled for October 16, 1985 at 1:30 P.M.
Vice Chairman Scurlock felt that it may take more than one
meeting to cover a development of such size as that of Grand
Harbor. He noted that there are significant questions re the
number of slips or docks being requested.
The Commissioners scheduled a Special Meeting of the Board
of County Commissioners for October 16, 1985 at 1:30 P.M. for the
Development of Regional Impact Hearing for Grand Harbor.
APPOINTMENTS TO PROPERTY APPRAISAL ADJUSTMENT BOARD
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wodtke, the Board unanimously (4-0)
appointed Vice Chairman Scurlock, Commissioner
Bowman and Commissioner Wodtke as delegates to
the P.A.A.B., and designated Chairman Lyons and
Commissioner Bird as alternates.
REQUEST TO ESTABLISH A STREET LIGHTING DISTRICT FOR LAUREL COURT
SUBDIVISION
The Board reviewed the following letter dated 6/11/85:
37
VERO BEACH
■ FLORIDA 32961-2062
TELEPHONE (305) 569.5061
,
DIST.,-:1.3-UPON LIST
June 11, 1885 Ad; i i. ;::t, ;tor
koo��Poc
�s f�.;... PUbic Works
Mr. Doug Scurlock, C��i�ri�'ari�{ G°rrtrrunitY Dev.
Indian River County Board of Commissioners Utl
1840 25th St. Suite N-158 Finance
es
Vero Beach, FL 32960 Other
noo r c; ,.
I respectfully request a hearing before the .County Commissioners
at its earliest convenience for the purpose of establishing a
Street Lighting District for Laurel Court Subdivision, Indian
River County, Florida.
The district is to contain five (5) street lights located on the
attached plat plan of said subdivision.
Thank you for your assistance. If I can provide further informa-
tion please do not hesitate to ask.
can 0. Bovma
Vice President
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bird, the Board unanimously (4-0)
established a Municipal Service Taxing Unit
for a street lighting district in Laurel Court
Subdivision.
Duncan Bowman, Vice President of Laurel Homes, advised that
they have agreed to pay for the cost of the street lights until
the taxing district can go into effect, which will be in approxi-
mately 15 months. He noted that the lights will be installed in
January, 1986.
L_ AUG 7 195
38 1
BOOK 61 F { F 740
Ir"4UG
7 BOOK 61 r,AGF.743
REQUEST FOR STREET LIGHT AT ENTRANCE TO CASTAWAY COVE - WAVE II
The Board reviewed the following letter dated 7/19/85:
Castaway Cove Wave 11
someownens association, Sm.
POST OFFICE BOX 3943, BEACH STATION
VERO BEACH. FLORIDA 32960
July 19, 1985
Mr. Bill Wodtke, County Commissioner
Indian River County
1840 -25th Street
Vero Beach, Florida. 32960
Dear Mr. Wodtke:
.-� f ..
oy9�0
C7
CP
YC
The Board of Directors of the Castaway Cove Wave II Homeowners
Association would like to respectfully request that a Street
Light be installed on the existing utility pole at the entrance
of Wave II on South A -1-A.
We have had increasing events of vandalism at the entrance
which includes the complete destruction of the fluorescent
light on the Entrance Sign as well as people maliciously running
over the lights in the island at the entrance. In the evening,
A -1-A is extremely dark after you leave the City limits. We
also strongly feel that this lighting is necessary for the safety
of people as well. There is no turn lane at Wave II and people
turning in at Wave II take a very definite chance on someone
hitting them in the rear as they began to slow to make the turn.
After leaving the lighted area, people traveling south on A -1-A
seem to speed up as though they were going to a fire. Perhaps
because of the darkness, they figure there is less chance for
them to get caught speeding. Who knows!
We supported our County in fighting against annexation. I
personally prevented Mr. Gregg from stating that the entire
Annexation Committee was for annexation as I was serving on
this Committee and representing Castaway Cove. We have been
happy with the services we have regeived as County residents.
We would appreciate your consideration and support of our
request.
Sincerely,
Cynthia Peterson, Secretary
Board of Directors
39
W
Administrator Wright advised that Florida Power & Light and
the City of Vero Beach will not pay for erecting a street light
in the unincorporated area unless it is in a governmental
entity's name. He explained that what we are proposing to do
when people come in and request a street light and are willing to
pay for it, is enter into a contractual agreement with them to
pay us one year in advance, bill them every year, and then pay
Florida Power & Light. He noted that we have done this in the
past for a few locations and asked if the Board wished to have
each and every one of these requests brought to them for approval.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bird, the Board unanimously (4-0)
authorized the County Administrator to administer
the contract for a street light on State Road A -1-A at
the entrance to Castaway Cove, Wave 11, and authorized
the County Administrator to administer any other
standard contracts for locations he deems appropriate.
CONTRACTS FOR STREET LIGHTS FOR QUAY DOCK ROAD, WYN COVE, RIVER
RIDGE, AND IDLEWILD
Administrator Wright explained that the agreement would be
for the County to operate a street light at each of the following
locations at a cost of $10 a month for each:
Quay Dock Road
Wyn Cove
River Ridge
Idlewild
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bird, the Board unanimously (4-0)
authorized the County Administrator to administer
the contracts for a street light at each of the
above locations.
AGREEMENTS ARE ON FILE IN THE OFFICE OF THE CLERK
40
AUG 7 1985 BOOK 61 r,1GE744
AUG 7 1985
THE PUBLIC LIBRARY ADVISORY BOARD '
BOOK 61 Fa,F 745
Vice Chairman Scurlock, reporting for Chairman Lyons who is
recuperating from surgery, advised that a commitment was made
during the recent budget hearings to establish a county -wide
public library system and transfer those assets into the County's
name. One of this Committee's major assignments will be to
prepare a presentation to the public in the form of a referendum
that will set a millage cap as well as the capital improvement
program and budget each year. He stated he would serve as
chairman until Chairman Lyons' return in September, and that
Chairman Lyons has suggested the following appointments to this
Committee:
Jeffrey Slade
Mary Louise Scheidt
Betty Jean Hensick
Terry Goff
Fred West
Ex -Officio members: Mary Kiser and Lynn Walsh
Staff members: Robert Keating and Charles Vitunac
Vice Chairman Scurlock reported that their first meeting
will be held August 14th and they will get back to the Board in
the near future with a capital improvement plan and a millage cap
to take to the people in a special referendum.
Commissioner Wodtke wished to have the Resolution appointing
the above persons to this advisory board spell out the assignment
and timeframe to report back.
Vice Chairman Scurlock advised that they would go ahead and
have their meeting and get something started. He reported that
Chairman Lyons had suggested that their assignment include
setting the millage cap, establishing a budget, establishing a
5 -year and 10 -year improvement program, as well as a long range
approach to the situation instead of looking at it each year. As
far as the timeframe is concerned, we don't want any delay in
getting this matter before the public as soon as possible.
Commissioner Bird trusted that the people recommended by
Chairman Lyons for appointment to this advisory board represented
a good cross section of the community.
Vice Chairman Scurlock reported that Librarians Mary Kiser
and Lynn Walsh feel that this is a good cross section and are
happy that the meetings would be open to the public.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bird, the Board unanimously (4-0)
authorized staff to draw up a Resolution establishing
a Public Library Advisory Board, authorized the
appointment of the persons listed above, and set a
specific task and timeframe for this Board.
PURCHASE OF PROPERTY NEAR KIWANIS-HOBART PARK FOR GOLF COURSE
Commissioner Bird explained that he added this item to
today's Agenda because there is a piece of property at Kiwanis-
Hobart Park which separates two pieces of County -owned property
that we would like to put together to help us in the layout and
design of the golf course. He reported that there is an
opportunity for the County to acquire this property at little or
no cost and requested authorization for Attorney Vitunac to begin
negotiations with the owner of the one -acre parcel.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wodtke, the Board unanimously (4-0)
authorized the County Attorney to begin negotiations
with the owner of the three -acre parcel described
above.
ACCEPTANCE OF DONATION FROM GOLF COURSE COMMITTEE
Commissioner Bird reported that they have narrowed the
selection of golf course architects down to the following:
42
BOOK F'A E 14
Ron Garl
Arthur Hills
Ward Northrup
George and Jim Fazio
BOOK 61 E747 I
74
Commissioner Bird explained that he, Administrator Wright
and a few others have formed a sub -committee to assist in
analyzing golf courses around the state designed by these
architects. They would be traveling on weekends to visit these
golf courses and, in some cases, play the courses. Since they
did not want the County to incur any expense, they asked the Golf
Course Feasibility Study Committee to consider making a donation
from the approximate $1000 left over from the contributions given
for the Feasibility Study.
Jerry Ashcraft and Dick Schuller of the Golf Course
Feasibility Study Committee presented a $500 check for travel
expenses for this purpose.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wodtke, the Board unanimously (4-0)
accepted the $500 donation and authorized staff to
set up a special travel account for inspection of
golf courses as described above.
Commissioner Bird advised that the Committee will meet on
August 15th to rank the architects and bring their first choice
to the Board at the meeting of August 21st. The Committee hopes
to have the architectural wa ork commence on September 1st and to
have the construction start in January or February of 1986, with
the actual opening of the golf course sometime between November
of 1986 and January, 1987.
APPOINTMENT TO RECREATION ADVISORY COUNCIL OF THE ST. JOHNS RIVER
WATER MANAGEMENT DISTRICT
Commissioner Bird reported that the St. Johns Water
Management District is establishing a Recreation Advisory Council
43
to make recommendations to the District on how best`to use and
manage eight recreational areas that will be created by the
District's plan for restoration and preservation of the
floodplain in the Upper St. Johns River Basin. Six of the eight
recreational areas will be in Indian River County and plans call
for them to spend more than $3 -million in developing the sites.
Commissioner Bird advised that the District is asking Indian
River County and Brevard County to appoint one representative
each to this Council. He pointed out that 11 of the 13 members
of this Council are from various governmental agencies or special
interest groups, such as the League of Women Voters, Fish and
Game Commission, the Department of Natural Resources and Florida
Trail Association, etc. He believed the two counties should have
better representation on this Council, but in order to meet their
deadline, he suggested that we appoint someone now and then draw
up a Resolution to the Board of Governors of the Water District
asking them to revamp the makeup of this Council to give more
representation to the people within Brevard and Indian River
Counties. Commissioner Bird wished to see someone appointed to
this Council from Indian River County who is familiar with that
area and with the County's park system and who is a staff member
answerable to the Board of County Commissioners. For those
reasons, Commissioner Bird recommended Intergovernmental Director
Tommy Thomas for the appointment, and stated he would be willing
to serve as an alternate.
MOTION WAS MADE by Commissioner Bird, SECONDED by
Commissioner Wodtke, that the Board appoint Inter-
governmental Relations Director Thomas as Indian River
County's representative on the Recreation Advisory
Council with Commissioner Bird as alternate; and
authorize staff to draft a Resolution requesting the
St. Johns River Water Management District to reconsider
the makeup of this Council to include more
representation from Indian River County.
44
� AUG 7198
BOOK 1 FAGE748
AUG 7 198 BOOK 61 r,tuF 749
Under discussion, Commissioner Wodtke felt the 13 -member
Council was more of a technical committee and wished to to see
the Resolution include the request that another Council be
established, a truly recreational council, with appointments of
individuals more representative of the two counties involved.
Commissioner Bird felt the Resolution should be drafted in a
positive way when recommending a different makeup of the Council.
He agreed with Commissioner Wodtke that they need a technical
complement, but he did not feel that they should be voting
members.
Commissioner Bowman felt we should suggest a two-part
council, a technical committee and a recreational advisory board.
Vice Chairman Scurlock suggested that they discuss these
objectives with County Attorney Vitunac before he drafts the
Resolution.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
was voted on and carried unanimously (4-0).
DISCUSSION RE LIBRARY GRANTS
The Board reviewed the following memo dated 7/31/85:
c� SMe srAr
s
< e
W
u >°
h000 W91 6
FLORIDA DEPARTMENT OF STATE
George Firestone
Secretary of State
STATE LIBRARY OF FLORIDA
R.A. Gray Building, Tallahassee, Florida 32301-
(904)
2301(904) 487-2651 - TWX: 810.931-3689 - SAN: 303-2051
TO: Ms. Mary Kiser, Director, Indian River County Library
FROM: Loretta L. Flowers, Coordinator of Federal Projects .AY -
DATE: July 31, 1985
SUBJECT: FY85 Library Services and Construction Act (LSCA) Contracts
Adult Basic Education $6,000; Service to the Aged $14,500; Service to
Youth $22,000
45
Enclosed are two copies of the above listed contract(s) for FY85. Ori 'nal
signatures by an authorized local official are needed on each copy. Please do not insert
the date at the beginning of the contract. This will be done by the State Librarian.
Return both copies of the contract to the Federal Programs Office, Division of Library
Services.
The contract becomes effective at the time it is signed and dated by the State
Librarian. Expenditure of project funds is not permissible before this date. One copy of
the contract, with original signatures, will be returned for your files. Payment should be
received within thirty days of the execution date, unless the contract is on a
reimbursable basis.
Several changes appear in the contract that should be noted:
- The Public Law number has changed to reflect the reauthorization of LSCA.
- A record retention period has been added. Project records must be kept no
less than three (3) years beyond the date of submission of the final Annual
Report for the project.
- An audit in compliance with the Single Audit Act of 1984 is required. As in
the past, an audit submitted for purposes of State Aid is acceptable as long as
it meets the federal requirements.
- Several Assurances are required of the State Library for receipt and
administration of LSCA funds. They are also required of local grant
recipients:
adequate fiscal authority
compliance with Title VI of the Civil Rights Act of 1964
compliance with Title IX of the Education Amendment of 1972
compliance with the Age Discrimination Act of 1975
compliance with the Hatch Act
compliance with the standards of conduct for public employees
access to records by authorized representatives of the Comptroller
General or the State Library
- Addition of a clause on the use of copyrighted works.
- Clause that requires "funds to be expended by September 30, 1985". In the
past, contracts have allowed grant recipients to encumber funds until the
contract ending date. This has caused numerous problems for our office in
obtaining figures for our annual report to the Department of Education as
well as determining and securing reimbursements.
And finally, don't forget to submit the completed "Revised Budget" form to our
office prior to or along with the contract. Contact our office if you have questions.
Attorney Vitunac explained that the County has a continuing
contract with the State for library grants and requested authori-
zation to apply for this year's grants for the purposes of adult
basic education, ($6,000); service to the aged ($14,500); and
service to youth ($22,000). He reported that Mary Kiser of the
Indian River County Library and Lynn Walsh from the Sebastian
46
L_ AUG 71985
BOOK 61 FivU 750
AUG 7 1995 BOOK 61 PAGE 751
River Library are in agreement with filing for these grants. He
noted that any disparity in funding between the two libraries is
because Sebastian chose not to participate in one of the grant
applications this year due to all the work involved.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wodtke, the Board unanimously (4-0)
authorized the application to the State for library
fund grants and authorized the Chairman's signature.
CANCELLATION OF BOARD OF COUNTY COMMISSION MEETING
Due to difficulties in getting a quorum, the Board agreed to
cancel the Regular Meeting of the Board of County Commissioners
of August 28, 1985.
There being no further business, on Motion duly made and
Seconded, the meeting adjourned at 10:30 o'clock A.M.
ATTEST:
0
Clerk
47