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Home My WebLink About9/11/1985 (2)Wednesday, September 11, 1985 The Board of County Commissioners of Indian River County, Florida, met in Special Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Wednesday, September 11, 1985, at 7:30 o'clock P.M. Present were Don C. Scurlock, Jr., Vice Chairman; Richard N. Bird; Margaret C. Bowman; and William C. Wodtke, Jr. Chairman Patrick B. Lyons was absent as he was still recuperating from recent surgery. Also present were Michael J. Wright, County Administrator; Charles P. Vitunac, Attorney to the Board of County Commissioners; Jeffrey K. Barton, OMB Director; and Virginia Hargreaves, Deputy Clerk. Vice Chairman Scurlock called the meeting to order in the absence of Chairman Lyons, and Commissioner Wodtke led the Pledge of Allegiance to the Flag. The hour of 7:30 o'clock P.M. having passed, the Deputy Clerk read the following Notices with Proof of Publication attached, to -wit: BOOa FAG!„ SEP 111985 -I SEP 111985 A I 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 Court was pub- lished in said y� newspaper In the issues of OJ Affiant further says that the said Vero Beach Press -Journal is a newspaper Vero Beach, in said Indian River County, and that the said newspaper been continuously Published in said Indian River County, Published has erste at as second class mfor a ail matter at theP Per has heretofore Post office in Vero Beach, In Floridas-;dIndian River County, Florida hsemenr ardo ohel arnextther preceeding rreceeys inhe has neither Publication of the attached c corporation any discount,i rebate, commission or refund fort her Promised any �y of adver- tisement for pub kation in the said news purpose of y Person' firm or paper, securing this adver- Swom to and subscribed before me this . day of / A.D. �g ess-4anager) (SEAL) 1 1 t (Clerk of the Circuit �ndianer Florida) BOOK FaGE MR, M rAx inic EASE:: Mf ne tsoard of. . county.. _Commissioners' of..'rR. aindiar� River County has. tentatively adopted s `a measure to in its roe Y e P p rty,tax levy by y :15 54% over -the rolled back rate '..c ._t.., is �', d I V "`:girt z• dS 1, vs t19 n7 ,fsty11M,>tf y��f Yt gr� rt� � / S. � eefi'4''�t'� d �✓`�.��''t *��i"" �I°% �: ,a- vJro • ��,`� ,t F'i � 'f -. � fl^' d iF ,�,•v''�i t �r�y�4 -may+ � 4 fi'S'ti. g{� f ��j^.9 t '� 1. ...,;q�4t �,Yt•e, '. 'der �±�� ,:,• f �4�..%1••.. �•+.•�t:>':t..pr:. hs •+AtkT,t,. a ,�,J: �'�r✓,..i t'�'s` All concerned? citizens are invited #o attend a y• b ,.. hl•?5��je,� f..�4_. t1. ii S E6't r{tiE' }" , 4 public.heann9 on the tax increase to be Field tvitr ��, on Wednesday,,. September .1, '1985 at 7.30 P.m in the County"Corhmission Chambers at ~ ' 1840 ~ 25th Street, Vero Beach, Florida.: a x '��°nf .a-:° s �?s?rr� �r� - -. � ►r s:� � [.c)6{ t is c� } ,. a i IzFre � �. � ..� 'ti .,. A-APy w �+ti'.ie$X.ir.1;,t:.:r* f .,ytr •;..f J n.-i"dc•�'S.f•>.v,' N, i f f• i. t - 7'r•'.: Aar FINAL sDECISION on the : proposed tax Win, ;R §.increase ll.be made fa# 1i r wi this time - e �?ti�� - ;�e?r ,i�'�_ '. � � •s''°i� y dlrr '.r �5, - .7 ,r p.� aA .a : t�•: •y'� .$. `vat. ,r, r;r �. i •:.1 t . • � f ,i S'}' r � .. � �' ;•g` .� , it-` .6.Cs: .�, �:; a. any person decides to a M f�J,- i PPeal any decision tnn," the ..above matter, he/she. will.n .ed. a �,1-.- i Y;1rP t .record ..of .the � ��. - , ,proceedings, and for such purposes he/she .. � ....._ ......; . may.need to insure that a.- verbatim record of the proceedings is made, :.which • .record includes the testimony in evidence on.which the appeal is based -b? 1 i? , _ .f .r ... .• { Jt. •. i.. ..tit !t', Y:. 1 Sunday, September 8, 1985 ,Vero Beach, Fla., Press -Journal 5A THE PROPOSED OPERATING BUDGET EXPENDITURES OF:: INDIAN RIVER COUNTY ARE 25.7% MORE THAN LAST YEAR'S TOTAL OPERATING EXPENDITURES. an NOTICE IS HEREBY GIVEN that the following is a statement summarizing last. year's budget and the budget tentatively adopted by the Board of County Commissioners of Indian River County, Florida for FY 85-86 showing each budget and the total of all the budgets, the proposed tax millages, the balances, the reserves and the total of each major classification of receipts and expenditures. INDIAN RIVER COUNTY TAXING AUTHORITIES INDIAN RIVER COUNTY TAXING AUTHORITIES APPROVED BUDGET FOR FY 84-85GENERAL. PROPOSED BUDGET. FOR FY 85-86 PURPOSE _ GENERA VEROESTALAKE BEACH PURMUNICIPAL GENERAL TRANSPORTATION SERVICE ACQUISITION GENERAL TRANSPORTATION MUNICIPAL SERVICE BEACH ACQUISITION MUNICIPAL SERVICE ESTIMATED RECEIPTS 6 BALANCES FUND — FUND TAXING UNIT G.O. BONDS TOTAL — ESTIMATED RECEIPTS 6 BALANCES FUND FUND TAXING UNIT G.O. BONDS TAXING UNiT TOTAL Federal Sources State Sources 14,1vu 232 413 547,605 1,752,743 3.532,761 Federal Sources State Sources .420 1,265.500 639.380 1,879.000 —31,420 3,783,880 Local Sources 1,317,020 85,000 1,385,500 25,000 2,812,520 Local Sources 1,869.604 75,000_ 1,727,750 23.946 2,090 3,697,692 Ad Valores Taxes Sub Total Less 51 per F.S. 129.01(2)(b) 8 154 671 T>'Tf8'T0S— 521897 �TIb65-- 31 630 1 929 713 3'bb7`4�" 253398 1.250.000 1275U00 63 750 11 730 384' IH'6Dd�3b5— 87 Ad Valores Taxes Sub Total Less S% per F.S. 129.01(2)(b) 10 849 496 660 275 '7IA 38II (39719 1 951 844 a*�SSg ,�T43 277.9301 1 230 000 j;i5f`Pdb' (62.820 59 640 5 738— (3 0807 14 090 982 Y1:335;y7S (1.039.824 Net 1,551.746 : 2,490,931 4!914.Nat ,675 4.042,677 Transfers - +�', 1.834.170 678 661 3,522,369 5,280,664 1,190.426 38,656- ZO 554 1 5.356,539 CashBalances Forward Oct. 1, 1984 TOTAL ESTIMATED RECEIPTS 6 BALANCES 750 000 I1;838;65� 1009 228 Z`IDI;13�— 350 000 313Sao 56— 185 000 7:735;156— 2 294 228 13;336;335• Cash Balances Forward Oct. 1 1985 1 946 101_ TOTAL ESTIMATED RECEIPTST 6 BALANCES• , , 890 1 22 , , 1700�� , , 4 242 17 APPROPRIATIONS Generalovermnmt 4,532,932 500,331 1.226.250 6,259.513 ' APPROPRIATIONS r t-i�i Public Safety 4,913.804 502,756 122,034 59.997 5,035,878 552,753 enera vermmnt 5 298,447 �b ,' 551,922 1,247,660 1.700 1,099,733 Physical Environment Transportation 3.451.384 317.934 3.769.318 Public Safety Physical Environment 5.472,713 614.165 113.453 73,570 6.586,176 687.735 Economic Environment 67,187 67.187 615,847 Transportation p0 4.314.030 637.948 �� 56,950 4,908.928 IWnn Services 615,847 ie �eaL. 57.941 57,941 Culture/Recreation 610.989 164,749 775,738 Human Services vices 796 928 �� 796,928 Interfund Transfers APPROPRIATIONS 711 013 17-385;618-- -7331; 3388 023 ' 353:368— 4 129 096^ 1[,313;773 Culture/Recreation Interfund Transfers 729247 191,723 920.970 TOTAL Reserve for Contingencies 414,025 150,000 - 186,400 .�I:TlE;356—'' 20,000 710.425 ;y TOTAL APPROPRIATIONS 063 377 u"314.Ujo 1368,162. 3;S.T5;7Blr T.33T,36� 38.'636 5 431 539 1S;a89;953 Cash ForrwardSepptt. 30. 1985 500,000 499 750 '7;I6f;I75 — 425 090 ISO 000 1 S74 840 Reserve for Contingencies " 1.343,205 285,000 214,378 20,262 A.. 1,862,845 IF698jb53— 3;135,358— 7736,133—' 17;366;533 .,.Cash Forward Sept. 30, 1986'71TI btO .. td�5b7;1b6- 1.83bxT52',7➢ ...TOTAL BUDGET 'S3 10 y Nitlage 3.10000 mills 1.35514 mills ,".l5073"aills ,1I367 .38753+ Niltage .!:,.3.6000 mills 1.22025 mills 0.39679 mills 515.00/.Parcel Acre INDIAN RIVER COUNTY - OTHER OPERATING FUNDS - APPROVED BUDGET FOR FY 8485 INDIAN RIVER COUNTY = OTHER OPERATING FUNDS - PROPOSED BUDGET FOR FY 85-86 FEDERAL 1980 6 SECTION 8 POLICE ACADEMY SECONDARY SPECIAL FEDERAL 1980 i SECTION 8 POLICE SECONDARY SPECIAL LAN PISTOL REVENUE 1981 RENTAL ACADEMY ROAD LAN ENFORCEMENT REVENUE 1981 RENTAL ACADEMY ROAD ENFORCEMENT PERMITS SHARING BONDS ASSISTANCE CONSTRUCTION FUND SHARING BONDS ASSISTANCE FUND CONSTRUCTiON FUND FUND .Estimated Receipts 6 Balances - -. Estimated Receipts L Balances User Fees 941.058 2.217,049 200,000 924.415-� 490,558 Revenues: + Federal Sources 400,000 Interest Income Total Revenues 566,814 35 865 75 000 -2;352;917 '915.806 "52aZIr 1000 -.•'.791.358 ."� .°- User Fees Interest Income Federal Sources 400,000 1.034,640 $98,679 '- total Revenues State Sources 153 300 803 446,500 10 000 395;60i! Expenses., 722,266 State Sources 446,500 730,720 Vehcle Maintenance Local Sources Less 55 per F.S. 129.01(2)(6) 47,500 (20,375) 75.000 18 000 1900) 300.000 10,000 Local Sources Less 5S per F.S. 129.01(2)(b) 13, 500 :(44,533) 94,925 Expenses: 24,000 (1,200) 227,600 2,550 2 000 1100) 2S� Transfers Cash Forward Oct. 1, 1981 Total Balances i s 894 1 86"22 358 8i4 15 1 100,000 188272,- Transfers Cash Forward ,8181ances 197 640 105 500 1.041.05a 187 305 275 0005 2,252,117. 275;7tb6 30.L3007 4'32 1�38� 36 9a Estimated Receipts 6 , , Total Estimated Receiptst. 1.93 348:579 Cash Forward Sept. 30, 1986 P Total Expenses , :; 1-+9 83 APPROPRIATIONS 271 687 80 40Wdr3 INDIAN RIVER COUNTY FIRE DISTRICTS APPROVED BUDGET FOR FY 8485 - INDIAN RIVER COUNTY FIRE DISTRICTS PROPOSED BUDGET FOR FY 85-86 APPROPRIATIONS North County Fire District Wes! County Fire 0latriet South County Fire District �. North County ;y,. ; Fire District Nest County Fire District South County Fire District enera overnment ' 189,248 519,112 General Cover'nment 321.723 519,075 Estimated Receipts A Balances. Pubilc Safety 113,900 Local Sources 31,250 10,000 101.304 100.000' Public Safety 600 95,022 14,000 483 063 39 350' !3.'4r6 - 2.640 000 2T4i.77fS Ad Valorem Taxes Sub Physical Environment 56.665 3.31T�701'88 , 514,313- 25.716 (1,2981 Physical Environment 375 7.256 2.227 Cash Forward October 1. 1984 1.500 6 048 Transportation Cash Forward October 1, 1985_ Total Estimated Receipts 122 200 2127 �42-i724 Total Estimated Receipts 6 Balances Transportation 8 Balances'ill.044- Approporations 6 Reserves Economic Environment Economic Environment Fire Control 469 060 464:833 40 000 46,60 2 976 440 2,576.440 Appropriations 6 Reserves - Fire Control Human Services 3.100 44,722 559,696 Total Appropriations 219044 -2Ig,044 Human Services 3 050 989 Cash Forward September 30, 1985 49 815 2 450 441271 3,3I7.7Ir Reserve for Contingencies Cash 17,000 Culture/Recreation 103,728 Total Appropriations 6 Reserves 557,342#5 Culture/Recreation587,778 73 5.11 °� 2 250 Interfund Transfer .6 ' 500 000 1.5 mills interfund Transfers 100.235 901 22 5ON TOTAL APPROPRIATIONS �. 3I9;i1� 59;545 5aw mawr 500.006 166308- TOTAL APPROPRIATIONS a22-733, . for Contingencies 38,849 100,000 12.100 2,022,266 110,000" Reserve for Contingencies 143,274 50,000 10, X200,000 50,000 - - Cash Forward Sept. 30. 1985 TOTAL BUDGET 30 000 535;497f 797 D99 1,415:111- 7 118 36 817 10 500 •, ": . 32.SOQ .: 3;022.267 . 238.728 TOTAL BUDGET ------- '555 607 902 850 iwj*; ------- 2� 2 578 320 102 935 100 29 , 290 10.000 1. 3471674' 5;278.726 1371933 INDIAN RIVER COUNTY ENTERPRISE AND INTERNAL SERVICE FUNDS APPROVED"OR FY 84-85 INDIAN RIVER COUNTY ENTERPRISE FOR INTERNAL SERVICE FUNDS PROPOSED FOR FY 86-86 Sanitary Nater 6 Sewer Impact Fleet Building Sanitary Nater 0 Sewer Impact Fleet Bui?din Landfill Utilities Fees Management Department Landfill Utilities Fees Management Department Revenues: - -. User Fees 941.058 2.217,049 200,000 924.415-� 490,558 Revenues: + Interest Income Total Revenues 100 000 1.041;358 35 865 75 000 -2;352;917 '915.806 "52aZIr 1000 -.•'.791.358 ."� .°- User Fees Interest Income 1,252,275 3,534,609 72 000 63360 000 650.000 1.034,640 585.000 '- total Revenues 7;122,375 . 153 300 803 7;6'f4.546 10 000 395;60i! Expenses., Vehcle Maintenance 424.435 r' k Garbage/Solid Waste 935.558 ,•rsl' Expenses: Water Sewer Combination Services Protective Services 2.065.609 �. - ' 485.336 Vehicle Maintenance Garbage/Solid Waste 947.326 ' 1,306,327 Cash Forward Sept. 30, 1985 Total Expenses 105 500 1.041.05a 187 305 275 0005 2,252,117. 275;7tb6 222 `ij2PS 742;336 Nater Sewer Combination Services Protective Services 2.761,034 Transfers 510,597 Cash Forward Sept. 30, 1986 P Total Expenses , :; 1-+9 83 25,000 0377� 83Qo� 271 687 80 40Wdr3 INDIAN RIVER COUNTY FIRE DISTRICTS APPROVED BUDGET FOR FY 8485 - INDIAN RIVER COUNTY FIRE DISTRICTS PROPOSED BUDGET FOR FY 85-86 North County Fire District Wes! County Fire 0latriet South County Fire District �. North County ;y,. ; Fire District Nest County Fire District South County Fire District Estimated Receipts i Balances Estimated Receipts A Balances. Local Sources 31,250 600 101.304 Local Sources 31.100 600 95,022 Ad Valorem Texas 483 063 39 350' !3.'4r6 - 2.640 000 2T4i.77fS Ad Valorem Taxes Sub 165, _ 44 SDO 3.31T�701'88 Sub Total Less 55 per F.S. 129.01(2)(b) Net 514,313- 25.716 (1,2981 2-7dT 367 Total Less5% per F.S. I29.01(2)(b) 7.256 2.227 Cash Forward October 1. 1984 75 000 553.397 6 048 676 407 3;417511 Cash Forward October 1, 1985_ Total Estimated Receipts 122 200 2127 �42-i724 Total Estimated Receipts 6 Balances 8 Balances'ill.044- Approporations 6 Reserves Fire Control 469 060 464:833 40 000 46,60 2 976 440 2,576.440 Appropriations 6 Reserves - Fire Control Total Appropriations Reserve for Contingencies 44,722 1.550 Total Appropriations 219044 -2Ig,044 42 250 0- 3 050 989 Cash Forward September 30, 1985 49 815 2 450 441271 3,3I7.7Ir Reserve for Contingencies Cash 17,000 500 176.200 Total Appropriations 6 Reserves 557,342#5 1986 73 5.11 °� 2 250 Total Appropriationsp3eReserves .6 Mtllage 1.5 mills .32828 milts 1.44700 mills Millage O.5 Hills 0.30526 Mills 1.642 Mills INDIAN RIVER COUNTY STREET LIGHTING DISTRICTS APPROVED BUDGET FOR FY 8485 INDIAN RIVER COUNTY STREET LIGHTING DISTRICTS PROPOSED BUDGET FOR58FY 86 Rockridge Laurelwood Gifford Street Lighting Street Lighting Street Lighting Rockridge Laurelwood Gifford Vero Highlands District District District Street Lighting Street Lighting Stistrict real: Lighting Street Lighting ct Estimated Receipts e BaUD DistriDistrict nees Estimated Receipts District In Valorem Taxes 1,940, 6,070 33,252 Ad Valorem 7,686 32,120 53,600 Interest JSS per 100 100 3,000 1,936 Interest income Less SS per F.S. 129.01(2)(D) •102 ,310 1,622 - 200 Sub -total Less 5f per F.S. 129.01(2)(6) 107 200 1,500 2x500 Sub -total ,x(107. (336 1740 Cash rForward sOpt. 1, 1984 1 879 1 190 36 670 Contributions 71-02 1,550 2.805 -]T-�- -�- Cash Forward Oct. 1, 1985 2 0001 31 070 Total Estimated Receipts &.Balances Total Estimated Receipts 8 Balances d,0i3- 700 �. 1 12 Appropriations & Reserves kproUtilities &Reserves Utilities 2,192 5,100 51.000 Utilities 6,600 Professional Fees 125 300 2,500 Professional Fees 2'200 46,200 37,500 Advertising 100 100 100 Advertisin 400 600 1,300 176 Maintenance ISO Maintenance 100 100 100 4100 Reservetfor tontingeneyns27w5_ $ 2;OOp Total Appropriations Cash Forward Sept. 30, 1985 1 000 1 275 15 Soo Reserve for Contingency ZOO T, 300 �0 3I'm Cash Forward Sept. 30. 1986 300 2,500 1,200 Tates AppPoprlatlons &Reserves -3;HIT T:05r 71;I1a1- Total Appropriationsp& Reserves 1 j 1 00 1 ,I� 12 2 31,Mir Millege 55.00/parcel acre 523.00/parcel etre 512.00/parcel acre Village SS-GO/Parcel Acre 523.00/Parcel Acre 512.00/Parcel Acre 525.00/Parcel Acre BUDGHT HEA I F R FEDERAL EVENUIL E A WIN, E114HTLEMENT FUNL) The final budget hearing on the 1985-86 Indian River County Bridget will be held on Wednesday, September 11th, 1985, at 7:30 PM in the County Commission Chambers at 1840 25th Street, Vero Beach, Florida. All citizens, including senior citizens, are encouraged to present written and oral comments and ask questions regarding the entire budget and the relationship of the Federal Revenue Sharing Entitlement Funds to the entire budget. Copies of the Proposed Budget are available Monday through Friday from 8:30 AM TO 5:00 PM `in the Office of Management and Budget, 1840 25th Street, Vero Beach, Florida. 9/8/85 �.__ 7.. ...... .._..... ..... PO 9 E P 111985 800 FAGE, The Vice Chairman announced that the purpose of this meeting is to consider and adopt the Final Budget for fiscal year 1985-86 and explained to those present the procedure that would be followed during the hearings on the various funds. He informed those present that tonight we have the capability of reducing the millage advertised, but cannot increase it. Vice Chairman Scurlock stated that because we had signifi- cant input from those interested in the MSTU for Vero Lake Estates at the first hearing and many of the same people are present again tonight, we will address that item first. He thereupon opened the public hearing on the Vero Lake Estates Municipal Service Taxing Unit. OMB Director Barton announced that the proposed budget for Vero Lake Estates is $58,650 for which it will be levying $15.00 per parcel/acre. There is no requirement over rollback because it is a new district. The Vice Chairman asked if anyone present wished to be heard. Truman Patterson, 8880 100th Ave., stated that he would stand by last week's statement that he still would like to see the drainage problems solved and then later talk about paving any roads. Herman Patterson, 94th Court, stated that he could go along with the drainage, but he still felt the paving should go under the petition paving program so that the people who benefit pay for it. He did not want to pay for what someone else will benefit from. The Vice Chairman noted we did have some modification at the last hearing because of the public input, and he believed the priorities and the amount of the assessment were changed signifi- cantly from what was first proposed. The recommended assessment of $50.00 per parcel/acre was reduced to $15.00, and the priority changed to drainage with a drainage study first and then some drainage improvements if any money was left. 6 � � I Ellen Crews, 8785 98th Ave., was for improving the drainage, but did not agree with the paving at all. She noted that Vero Lake Estates is just as it was platted 30 years ago, and if the drainage was solved, the roads wouldn't be so bad. Attorney Chester Clem, representing the Ansin family, felt that everything had been said at the previous meeting. It was his understanding that we are going forward with the MSTU as originally intended to have a study of drainage; he, therefore, did feel the Board is on the right track, even though the proposed assessment of $15.00 per parcel acre is a little more than they had anticipated. Joe McBride, 9225 87th St., stated that he would like to see the amount of tax rolled back to the $10.00 originally proposed. He wished to know what happens to the funds from the 24 gas tax we just started receiving and also the 54 gas tax the federal government started collecting which is supposed to funnel back to road improvement. Further, if the proposed tax is approved, he hoped it would be for no more than two years. Vice Chairman Scurlock explained that we have identified different classes of roads in the county according to certain formulas, and the 24 gas tax is planned for main arter-i-es; it is not available for residential streets. Further, we met with representatives of the DOT only this morning to request that more be done on the state roads. We did not initially plan any of our 24 tax money for maintenance, but were told the DOT had a 400 shortfall, and we, therefore, may be dedicating some of those monies to maintenance. OMB Director Barton clarified that the only roads that qualify for any of the 54 tax monies are SR A -1-A, U.S.1 and 1-95. These funds go to the state to perform maintenance on behalf of the U.S.government; we are not involved at all. Vice Chairman Scurlock then informed Mr. McBride that the MSTU can only levy each year for the next fiscal year, and OMB FA SEP 11 1985 a�a�; PAGE EOO�j PAGE Director Barton explained that whatever tax is imposed tonight will appear on the residents' next tax bill in November. Mr. McBride stated that he had already received a tax notice. It was explained that was the TRIM notice and it was sent out with the proposed $50 assessment, which has been re- duced to $15.00, and this will have some impact on Mr. McBride's tax bill when he receives it. Mr. McBride then stated that if 87th St. and 101st Ave. are paved, it will not take care of the back lot ditch drainage'as Mr. Davis claimed it would. The Vice Chairman again emphasized that there has been a change in priorities; the first improvement will be a drainage study, and if there are additional monies from the tax levy, some maintenance work will be done on the culverts, etc. The tax would be for one year, and then next year at this same time, we will go through this same procedure and will either levy no millage or whatever is decided on by the Commission and the public. Mr. McBride next informed the Board that on December 28, 1983, the County came out and filled his back lot ditch with about 15 truckloads of dirt because Mr. Van Auken said it was too deep, but today they came back and dug it even deeper than it was in 1983. He believed that is where a lot of county money is going when they have to send crews out several times on the same problem. He then talked about road improvements proposed over a twenty year period, which include many roads in Vero Beach Lake Estates, and stated he would rather wait the twenty years than pay more taxes every year. The Vice Chairman stated that he would follow up on Mr. McBride's complaint with the Public Works Director. Bruno Vutano, 8360 91st Ave., four year resident, stated that his tax bills have increased steadily each year from $13.00 to over $100. He continued that they formed the Vero Lake Estates Property Owners Association, and he and Mr. Johnson were 8 r appointed chairmen of the drainage committee. For almost two years they went around and tried to see what the county was doing and tried to explain to Director Davis what the problem was and that the county people were trying to make the water go upstream instead of down. Mr. Vutano discussed at length how inefficiently the county crews worked on the drainage and stated his point is that you need to study how you spend the money. He noted that although the firefighters needed fill for their fire station site, they were refused, but two weeks later the county took many truckloads to the school, and he wondered how much it cost the county to move all this dirt. Arthur Reynolds, 9745 83rd Ave., stated that he previously worked for the county and has seen them waste large amounts of money by having to do the job several times before they do it right. He asked how long $50,000 is going to last out there at that rate and wondered where all the money has gone that the people have been paying all these years since no work has been done there for a few years. He stated that money was appropri- ated years ago for 87th St, and 101st Avenue and wondered where that went. Mr. Reynolds did not feel he should have to pay to benefit other people's property. He stated that he already pays as much taxes as some people in Vero Beach who have roads, lights, mosquito control, etc., and in Vero Lakes they can't even have decent police protection and have to tie their dogs up. Vice Chairman Scurlock believed the area chose not to participate in the Mosquito Control District because they did not want to pay the taxes. He then asked the OMB Director what the total generation of tax dollars from this area is. OMB Barton stated that if all of Vero Lake Estates was on the tax roll, the total assessed value of what is in the boundaries of this MSTU is 18 million dollars; so, if one mill was assessed, it would create $18,000. For an example, he noted that the North County Fire District, which is in this same district, taxed one mill last year to buy capital equipment. 9 SEP 111985 Bao y FtAuE L: rSEP 111985 Boon '46dI9 PAGE That geographic area generated $18,000. They will be receiving two fire engines, each costing $32,000. Vice Chairman Scurlock emphasized that one of the reasons the MSTU was set up is because we had individuals come in who were unhappy with the drainage and the condition of the roads, and we looked at the MSTU simply because the property there did not generate enough taxes to pay for even the minimal services that were being rendered right now. All this money everyone seems to think we collect in taxes simply is not true. Mr. Reynolds asked why the county would clear a street where no one is living when the back ditch on 77th hasn't been touched in many years. Commissioner Bird did not feel we can go back and correct all the sins of the past, but he did feel moving ahead with a drainage plan and proper engineering is a step in the right direction. Mr. Reynolds contended this should have been done long ago. He felt that the County either needs to train their people or get someone who knows what they are doing and then went on to com- plain at length that the county underpays their workers, which is why he quit. Mr. McBride proposed that the State Legislature should be asked to abolish the $25,000 Homestead Exemption so that everyone pays an equal share. Administrator Wright informed him that this proposal was brought up to the Legislature, heavily discussed, and defeated, and it will be brought up again next year. The Vice Chairman noted that the reason for the per parcel/acre assessment method is because homestead doesn't apply in that case; everybody pays. Ray Polazzi, 8350 93rd Ave., believed that Vero Lake Estates was created in the early 150s and at that time the developers got plans approved to lay out roads, dig ditches, swales, etc. He, therefore, did not see why we need more engineering and development for what is already there. He did realize we have got to get the water out and disperse it to another area, but we have federal, state and county rights-of-way where we can run a canal, and he did not see why it should cost $58,000 to figure out where to dig a canal. Mr. Polazzi noted that in the last ten years his taxes have increased over $200, but he is receiving no more services than he did before. He wished to know where the money is going to? Vice Chairman Scurlock noted that a lot of it goes to normal inflation. As far as not needing a study, he pointed out that county development standards at the time this subdivision was created were practically non-existent, and he believed that even the Ansin family realizes that some significant repairs are needed. He also noted that there is a drainage district out there, and you can't just dump into any canal. Commissioner Bird believed that whole area must drain through one canal, and only a set amount of volume can go through. A study is needed to determine how much runoff is generated from Vero Lakes Estates and how much must be retained.for a period of time. Mr. Polazzi agreed there is a water problem there, but felt it is not only Vero Lake Estates problem, it is the county's also, and he did not see why they should pay to drain other areas through them. In regard to one mill producing $18,000 for the Fire District, he stated that while the District got two new fire vehicles, Vero Lake Estates just got an old piece of equipment from Fellsmere; Fellsmere and Sebastian got the new equipment. OMB"Director Barton clarified that Vero Lake Estates has temporary use of an old vehicle - they will get the first new one delivered and the last new one delivered; they will get two new fire engines. Mr. Polazzi then complained about fill being brought out of Vero Lake Estates. He noted it was dispersed on private property and had to be removed and taken somewhere else, but the County took it to Gifford when some of this fill could have been used and should have been for the Vero Lakes fire department. 11 SEP 11 1985 goo,' Faa�F! r SEP 111955 B00; PAGE. Discussion ensued as to how this happened and whether it was a mixup, and Administrator Wright reminded the Board that they said they would not subsidize a part of the fire district and the fill was to be used for Road & Bridge maintenance. Question continued as to why this fill wasn't used in Vero Lake Estates, and the Administrator stated that we do not segregate work in small geographic areas. This is one county, and we treat it as one county. Mr. Polazzi stated the plan is just bureaucracy and by the time it is implemented, it will be out of date. The Vice Chairman determined that no one further wished to be heard. 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 Bowman, the Board unanimously (4-0) adopted Resolution 85-89 providing for an assess- ment of $15.00 per parcel/acre for the Vero Lake Estates Municipal Service Taxing Unit for the fiscal year 1985-86. 12 RESOLUTION NO. 85-89 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING THE ASSESSMENT RATE TO BE LEVIED UPON ALL REAL AND PERSONAL TAXABLE PROPERTY IN THE VERO LAKE ESTATES LIGHTING MUNICIPAL SERVICE TAXING UNIT FOR FISCAL YEAR 1985-86 TO FUND THE VERO LAKE ESTATES MUNICIPAL SERVICE TAXING UNIT. WHEREAS, the Budget Officer of Indian River County prepared and presented to the County Commission a tentative budget for the Vero Lake Estates Municipal Service Taxing Unit of Indian River County, Florida for the fiscal year commencing on the 1st day of October, 1985, and ending on the 30th day of September, 1986, addressing each of the funds therein as provided by law, including all estimated receipts, taxes to be levied, and balances expected to be brought forward, and all estimated expenditures, reserves, and balances to be carried over at the end of the year; and WHEREAS, the Board of County Commissioners of Indian River County held numerous public workshops to consider and amend the tentative budget as presented; and WHEREAS, the Board did prepare a statement summarizing all of the tentative budgets showing for each budget and for the total of all budgets, proposed tax millages, the balances, and reserves, and the total of each major classification, of the receipts and expenditures classified according to accounts prescribed by the appropriate State agencies; and WHEREAS, the Board of County Commissioners did hold a public hearing to review and adopt a tentative budget; and WHEREAS, the final budget hearing has been properly advertised and held in accordance with applicable Florida law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that this Board does herewith assess a rate of $15.00 per parcel/acre or any portion of an acre of real property within the boundaries of the Vero Lake Estates Municipal Service Taxing Unit. 13 SEP 111985 s11 BOOK _;. I'UE SEP 111985 BOOK L,) FAG- BE IT FURTHER RESOLVED that the rate as adopted herein shall be filed in the Office of the County Auditor and in the Public Records and the County Auditor shall transmit forthwith a certified copy of this resolution to the Property Appraiser for Indian River County, to the Tax Collector for Indian River County, and to the Department of Revenue of the State of Florida. 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 Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner William C. Wodtke, Jr. Aye The Chairman thereupon declared Resolution No. 85-89 duly passed and adopted this 11thday of September, 1985. BOARD OF COUNTY COMMISSIONERS OF_,�IAN RIVER COUNTY, FLORIDA 1v\;ll Attest: 'FRE,D.A'.MR'IGHTaClerk APPROVED AS TO FORM AND `E'GAL SUFFICIE Cy By Y Charles P. Vitunac County Attorney ON MOTION by Commissioner Bird, SECONDED by Commissioner Bowman, the Board unanimously (4-0) adopted Resolution 85-90 approving a final budget of $58,650 for Vero Lake Estates Munici- pal Service Taxing Unit for fiscal year 1985-86. 14 RESOLUTION NO. 85-90 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE COUNTY BUDGET OFFICER'S ESTIMATES OF RECEIPTS OTHER THAN TAXES AND OF BALANCES TO BE BROUGHT FORWARD FOR FISCAL YEAR 1985-86 AND ADOPTING A FINAL BUDGET FOR THE VERO LAKE ESTATES MUNICIPAL SERVICE TAXING UNIT. WHEREAS, the Budget Officer for Indian River County ascertained the needs and the fiscal policy of the Board for the ensuing fiscal year and did prepare and present to the Board a tentative budget for fiscal year 1985-86 including all estimates of receipts, taxes -to be levied, and balances expected to be brought forward and all estimated expenditures, reserves, and balances to be carried over at the end of the year; and WHEREAS, the Board of County Commissioners did examine the tentative budget and held public hearings pursuant to law to consider input from the citizens of Indian River County with respect to the taxes to be levied, the amounts and the•use of the money derived from the levy of taxes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. the County Budget Officer's estimates of receipts other than taxes, and of balances to be brought forward, for the Vero Lake Estates Municipal Service Taxing Unit are hereby revised as set forth in Exhibit A attached hereto, and _ 2. the Board of County Commissioners of Indian River County hereby adopts the attached budget as the final budget for fiscal year 1985-86 for the Vero Lake Estates Municipal Service Taxing Unit. 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 Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner William C. Wodtke, Jr. Aye The Chairman thereupon declared the resolution duly passed and adopted this 11th day of September , 1985. BO F COUNTY COMMISSIONERS O INDI N RIVER COUNTY, FLORIDA y i P t 'ck B. Lyons, _ airman Attest: yhF i' LL�)y �(�' FREDA WRIGHT. LCIerk APPROVED AS TO FORM AND•LEGAL SUFFI NCY E By l Charles P. Vitunac, County Attorney 15 SEP 111985 BOOK U PAGE k` INDIAN RIVER COUNTY TAXING AUTHORITIES -` APPROVED BUDGET FOR FY 85,86 ESTIMATED RECEIPTS & BALANCES CD Federal Sources k- State Sources Local Sources Ad Valorem Taxes Sub Total m Less 5% per F.S. 129.01(2)(b) Net Transfers Cash Balances Forward Oct. 1, 1985 TOTAL ESTIMATED RECEIPTS & BALANCES APPROPRIATIONS General Government Public Safety Physical Environment Transportation Economic Environment Human Services Culture/Recreation Interfund Transfers TOTAL APPROPRIATIONS Reserve for Contingencies Cash Forward Sept. 30, 1986 TOTAL BUDGET Millage L GENERAL '-'FUND 21,420 1,265,500 1,869,606 10,849,498 14,006,024 1660,275) 1-3,345,749'' 1,834,170 1,946;104 5,29.5,313 6,472,713 614,165 57,941 796,928 729,247 1,062.989 15,029,296 1,346,72] `.-750;000 ,126,023 3,5000 mill s TRANSPORTATION FUND 639,380 75,000 714,380 (35,719) - 678,661 3,522,369 898,000 4,314,030 285,000 500,000 5,099,030 GENERAL PURPOSE. MUNICLPAL- SERVICE TAXING UNIT 1,879,000 1,727,750 1,951,844 5,558,594 (277,930) 5,280,664 1,220,502 551,922 113,463 73,570 537,948 191,723 4,368,162 214,378 450,000 6,501,166 BEACH ACQUISITION G.O. BONDS 23,246 1,230,000 1,253,246 (62,820) 1;190,426 1., :177,500 ,9. 1,247,664 ,66 20,262 100;000 1,367,926-' 1.22025 mills 0.39679 mills VERO LAKE ESTATES MUNICIPAL SERVICE TAXING UNIT 2,090 59,640 61,730 --(3,080) 58,650 8� 1,700 56,950 8,6 OF 58,650 $15.00/parcel Acre TOTAL 21,420 3,783,880 3,697,692 14,090,982 21,593,977T (1,039,824) 20,554,150 5,356,539 4,242,106 30,152,795 7,096,599 6,586,176 687,735 4,908,928 57,941 796,928 920,970 5,431,151 ., , .. , .. 1,866,367 1,800,000 30,152,795 1 H w LJ imated Receipts & Balances Federal Sources State Sources Local Sources Less 5% per F.S. 129.01(2)(b) Transfers Cash Forward Oct. 1, 1985 Total Estimated Receipts & Balances APPROPRIATIONS General Government Public Safety Physical Environment Transportation Economic Environment Human Services Culture/Recreation Interfund Transfers TOTAL APPROPRIATIONS _ Reserve for Contingencies Cash Forward Sept. 30, 1986 TOTAL BUDGET 1 INDIAN RIVER., COUNTY - OTHER OPERATING FUNDS ---APPROVED BUDGET FOR FY 85-86 FEDERAL 1980 & SECTION 8 POLICE SECONDARY SPECIAL LAW PISTOL PARKS REVENUE SHARING 1981 -BONDS RENTAL ASSISTANCE ACADEMY `'FUND ROADS CONST. TRUST FUND ENFORCEMENT PERMITS 'FUND ' DEVELOPMENT -----T FUND -� FUND 400,000 598,679 446,500 12,500 94,925 (44,533) 197,640 930,500 56 ,60 1,471,925 nT 321,413 375 519,075 597,778 100,235 901 422,333519,M598,679' 143,584 50,000 -----,-- 902,850 R--- 565,607- 1, 1,92 598,679 24,000 (1,200) `30,300 53,100- 14,000 730,720 227,600 4 "320, 000 F,278,320 '2,500,000 4 000 2; 00 Op 10,000 200,000 "29,100 `-2,578,320 3, 0 -5,T7-8,320 2,550 150,385 152,935- 50,000 102,935 1 S 2,93 2,000 (100 ) 200 2,100 1,500 1,500 500 100 2,500 36,790 39,290 29,290 10,000 39,290 W Cn I .INDIAN RIVER COUNTY ENTERPRISE AND INTERNAL SERVICE FUNDS APPROVED BUDGET FOR FY 85-86 Expenses: Vehicle maintenance Garbage/Solid Waste Water Sewer Combination Services Protective Services Transfers Cash.Forward Sept. 30, 1986 Total Expenses :U-� 00 CA- LLJ Cn 947,326 376., 949. 1,324;2 5 2,761,034 833;575 94,609 1;306,327 510? 5g7 25,000 ,, 78,0T (271i68, -7,)_ -'84 `403 3`$304 .100341641- 5 p`' 11 Sanitary Water -A -Sewer Impact Fleet Building Lance dfill_ Utilities Fees Management "Department Revenues; User Fees 1,252,275 3 534;'609. x'60000 6501,000 1 034 640 585 000 CD m Interest.lncome Total Revenues �72�000 1;324,275 - 9 ,153300 0 0� ;-,=_�.a 4 1Q�p0Q ,6 X034, 95 0 Expenses: Vehicle maintenance Garbage/Solid Waste Water Sewer Combination Services Protective Services Transfers Cash.Forward Sept. 30, 1986 Total Expenses :U-� 00 CA- LLJ Cn 947,326 376., 949. 1,324;2 5 2,761,034 833;575 94,609 1;306,327 510? 5g7 25,000 ,, 78,0T (271i68, -7,)_ -'84 `403 3`$304 .100341641- 5 p`' 11 1 1 _INDIAN RIVER COUNTY FIRE DISTRICTS APPROVED BUDGET FOR FY 85T86 ,Estimated Receipts & Balances Local Sources Ad Valorem Taxes Sub Total Less 5% per F.S. 129.01(2)(b) Net Cash Forward October 1,.1985 Total Estimated Receipts & Balances Appropriations & Reserves Fire Control Total Appropriations Reserve for Contingencies Cash Forward September 30, 1986 Total Appropriations & Reserves Mi1lage North County. Fire District West County South County Fire District Fi.re'District 31,100 600 95,022 165,000 44,500 3,312,800 196,100 07,256 —1-88—,844-'42,871— 45,100 (2,227) 3,407,822 -. - T 75,000 2,250 3,407,82Z- 122,200 1`044 2,127. -45,O00 424,000 -3,831,822- 219,044 42,250 3,050,989 219,044 42,250 T3,050,989 17,000 500 .176,200 T 75,000 2,250 604,633 311,044 45,000 3,831,81F2- 0.5 Mills 0.30526 Mills 1.642 Mills CD 0 cc -11 7) LL 0 0 Q0 ,INDIAN RIVER COUNTY STREET LIGHTING DISTRICTS APPROVED BUDGET FOR FY 85-86 Rockridge Street Lighting District Estimated Receipts & Balances Laurelwood Street Lighting District Gifford Street Lighting 'Distridt- • Vero Highlands Street Lighting 'Distri(ft Ad Valorem Taxes 1,930 7,686 32,120 53?600 Interest Income 200 200 12500.. 21500. Less 5% per F.S. 12R.01(2)(b) 1--(107) —2—,0-2-3-7;T50 (336) --(1!740): 12-805)- 2;805 _Sub Sub-total -total 33,030 53;295 Contributions ----- ------ ------ Cash Forward Oct. 1, 1985 -72 5,000 `'1;700 31,070 1,712 Total Estimated Receipts & Balances 41023 T4 64,100 55,007 Appropriations & Reserves Utilities 2,200 6,600 46,200 37,500 Professional Fees 400 600 1,300 4,176 Advertising .100. 100 100 100 Maintenance -100 Q=- Total Appropriations 2,800 7,3Or 47,600 41,776 Reserve for Contingency .200. 300 2,500 1,000 Cash Forward Sept. 30, 1986 ''1;023 1,650 •14,000 12,231 Total Appropriations & Reserves 41023' 9,250 64,100 55,007 Millage $5.00/Parcel Acre $23.00/Parcel Acre $12.00/Parcel Acre $25.00/Parcel Acre 1 H EXHIBIT A BEING THE SAME FOR ALL THE BUDGET RESOLUTIONS, WILL BE INCLUDED IN THE RECORD ONLY WITH RESOLUTION 85-90. The Vice Chairman opened the public hearing on the General Fund and requested that OMB Director Barton review it. OMB Director Barton reported that the General Fund is 20% above rollback. The proposed millage is 3.5 and the proposed budget is $17,126,023. These funds are for services which are countywide in nature. He stated that he does have some proposed changes in the dollar line items which should be read into the record. They do not affect the totals. The Vice Chairman asked if anyone present wished to be heard regarding the General Fund. Bill Willis, Cutlass Cove, commented that it seems the General Fund budget is going to 17 million from approximately 13 million and that is a pretty substantial increase. He noted that he is not familiar with how the Board comes up with each of the items and did not believe any citizen can figure it out. Vice Chairman Scurlock informed Mr. Willis that during the summer every day for about two weeks or more, the Commission holds public workshops and goes over the budget line by line. He pointed out that we asked for a substantial decrease in the Sheriff's budget - about $900,000 - and are only looking at a 4% increase for county employees; in addition, we have asked the employees to participate in the medical insurance premium. Mr. Willis stated that from what he has seen and read, that the Commissioners are quite considerate and patient with people who make requests and comments and that they are all trying to do a good job, but what he felt can happen is that they are put into situations where they are pressured by various departments and people who have got good reasons why they need money, and it is very easy to be swayed. Mr. Willis went on to emphasize that 16 SEP 111985 Boon 4.." FALE 70 BOOK things are not inflating at the same rate as they did in the past and we cannot continue to pay people as we did in the past or continue to spend money as we have in the past. He asked that the Board try to look at this budget as if they were in a profit and loss situation where there was only a certain amount of money to spend. This county happens to be a fortunate county in that it is in better shape than many others, but Mr. Willis felt we need to take an overall look and adjust to what the real world is now, and if we don't do it today, next year it will have to be even more severe. Commissioner Bowman felt Mr. Willis made a very poor analogy. She pointed out that we are living in a county that is a very high growth area and this is the cost of growth, not inflation. Just one example is our Landfill. Mr. Willis felt much of the growth the Commissioner believes we are having is something that happened in the past. He did not believe that the growth on the Barrier Island, with John's Island, the Moorings, etc., will continue. Commissioner Bowman did not agree. Vice Chairman Scurlock felt that debate on that point could continue indefinitely, but he did believe the proposed budget is an extremely conservative budget and that the 3 million increase is very easily accounted for in areas over which the county does not have any control. We have had many activities that were traditionally funded by the federal government cease to be funded, but not necessarily the requirement to conduct those activities, and we have to continue to conduct them at a local level just as if they were still funded by the state. For one example, the state gave many roads back to the counties to maintain. Another area where we have very little control is our liability insurance and its increasing premium. Our medical insurance costs went up tremendously, and this year for the first time, we set a cap and are having the employees participate in paying the premium. The Vice Chairman did agree that growth has created an additional burden on county government, and we are trying to deal with this with impact fees. Betterment of law enforcement, which was a mandate at the last election, is up almost a million dollars. He further pointed out that we have stopped funding some worthy activities we have funded for many years, such as Alco -Hope, Visiting Nurses, Spouse Abuse; we had to make some very difficult decisions. The Vice Chairman urged Mr. Willis to attend the budget workshop sessions next year. Commissioner Bird did agree Mr. Willis made some good points, and did not blame him for questioning a three million dollar increase; in fact, he was surprised we don't have more people here questioning it. He did, however, feel that he could assure Mr. Willis that the budget is very conservative and necessary for maintaining the standard and quality of life we enjoy here. Mr. Willis appreciated that Board's comments and agreed with maintaining a standard of service but stated that what he wants to see sitting on the Board spending his money is people who are "lean and mean." The Vice Chairman determined no one else wished to be heard. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously (4-0) closed the public hearing. OMB Director Barton then announced the following line changes under Appropriations: Advertised Change to General Government $ 5,298,447 $ 5,295,313 Interfund Transfers 1,063,377 1,062,989 Total Appropriations 15,032,818 15,029,296 Reserve for Contin- gencies 1,343,205 1,346,727 The OMB Director emphasized that that Grand Total of $17,126,023 does not change nor the proposed millage of 3.5. 18 SEP 111985 s BOOK PAGE . 7 v SEP 111985 Boos ' ma ON MOTION by Commissioner Bird, SECONDED by Commissioner Bowman, the Board unanimously (4-0) adopted Resolution 85-91 establishing a millage rate of 3.5000 for the General Fund for fiscal year 1985-86. RESOLUTION NO. 85- 91 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING THE TAX MILLAGE RATE TO BE LEVIED UPON ALL REAL AND PERSONAL TAXABLE PROPERTY IN INDIAN RIVER COUNTY, FLORIDA FOR FISCAL YEAR 1985-86 FOR THE GENERAL FUND. WHEREAS, the Budget Officer of Indian River County prepared and presented to the County Commission a tentative budget for the General Fund of Indian River County, Florida for the fiscal year commencing on the 1st day of October, 1985, and ending on the 30th day of September, 1986, addressing each of the funds therein as provided by law, including all estimated receipts, taxes to be levied, and balances expected to be brought forward, and all estimated expenditures, reserves, and balances to be carried over at the end of the year; and WHEREAS, the Board of County Commissioners of Indian River County held numerous public workshops to consider and amend the tentative budget as presented; and WHEREAS, the Board did prepare a statement summarizing all of the tentative budgets showing for each budget and for the total of all budgets, proposed tax millages, the balances, and reserves, and the total of each major classification of the receipts and expenditures classified according to accounts prescribed by the appropriate State agencies; and WHEREAS, the proposed millage rate for the General Fund exceeds rolled back rate by 20.000; and WHEREAS, the Board of County Commissioners did hold a public hearing to review and adopt a tentative budget; and 19 6 {t WHEREAS, the final budget hearing has been properly advertised and held in accordance with applicable Florida law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that this Board does herewith levy upon all real and personal taxable property in Indian River County, Florida for fiscal year 1985-86 a tax of 3.5 mills on the dollar for the purpose of funding the General Fund of Indian River County. BE IT FURTHER RESOLVED that the millage as adopted herein shall be filed in the Office of the County Auditor and in the Public Records and the County Auditor shall transmit forthwith a certified copy of this resolution to the Property Appraiser for Indian River County, to the Tax Collector for Indian River County, and to the Department of Revenue of the State of Florida. 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 Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner William C. Wodtke, Jr. Aye The Chairman thereupon declared Resolution No. 85-91 duly passed and adopted this 11th day of September, 1985. BOARD OF COUNTY COMMISSIONERS OF I RIVER COUNTY, FLORIDA B .�' Pa ick B. tyons, airman ON MOTION by Commissioner Bird, SECONDED by Commissioner Bowman, the Board unanimously (4-0) adopted Resolution 85-92 approving a final budget of $17,126,023 for the General Fund for fiscal year 1985-86. 20 SEP 11.1985 BOOK hu71 SEP 111995 -7 Boom FADE I RESOLUTION NO. 85-92 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE COUNTY BUDGET OFFICER'S ESTIMATES OF RECEIPTS OTHER THAN TAXES AND OF BALANCES TO BE BROUGHT FORWARD FOR FISCAL YEAR 1985-86 AND ADOPTING A FINAL BUDGET FOR THE GENERAL FUND. WHEREAS, the Budget Officer for Indian River County ascertained the needs and the fiscal policy of the Board for the ensuing fiscal year and did prepare and present to the Board a tentative budget for fiscal year 1985-86 including all estimates of receipts, taxes to be levied, and balances expected to be brought forward and all estimated expenditures, reserves, and balances to be carried over at the end of the year; and WHEREAS, the Board of County Commissioners did examine the tentative budget and held public hearings pursuant to law to consider input from the citizens of Indian River County with respect to the taxes to be levied, the amounts and the use of the money derived from the levy of taxes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: I. the County Budget Officer's estimates of receipts other than taxes, and of balances to be brought forward, for the General Fund are hereby revised as set forth in Exhibit A attached hereto, and 2. the Board f o County Commissioners of Indian River County hereby adopts the attached budget as the final budget for fiscal year 1985-86 for the General Fund. Bird The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner Bowman and, upon being put to a note, the vote was as follows: Chairman Patrick B. Lyons Absent Vice -Chairman Don C. Scurlock, Jr. Aye Commissioner Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner William C. Wodtke, Jr. Aye The Chairman thereupon declared the resolution duly passed and adopted this lith day of September 1985. BOAR F COUNTY COFiMISSIONERS OF I N RIVER COUNTY, FLORIDA B P rick B. L Attest: c ��1 airman Y ns, I hREDA WRIGHT r.�f lerk APPROVED AS TO FORM AND- L -EGAL SWiCIENCY B Charles p.' itunae, County Attorney 21 i The Vice Chairman opened the public hearing on the Transportation Fund. OMB Director Barton explained that the Transportation Fund is the Road & Bridge Department operation for both the collector and local system of roads within t -he county. The Transportation Fund does not assess millage, but it is necessary to approve the proposed budget which is $5,099,030. The Vice Chairman asked if anyone present wished to be heard. Linda Giordano came before the Board representing the Indian River County Association of PTA's. She commented that prior to school opening, the County placed flashing beacons at Citrus, Sebastian and Middle 7 Schools, and it is her understanding that the County plans to install flashing beacons at three addi- tional elementary schools, which will leave only three without such beacons - Osceola, J. A. Thompson, and Vero Beach Elementary. Mrs. Giordano emphasized that there is heavy traffic in the vicinity of all these schools and urged that the Board include the installation of flashing beacons at these schools in this year's budget also. Vice Chairman Scurlock informed Mrs. Giordano that he is chairman of the Transportation Planning Committee and this was considered, but because of financial constraints, it was felt they would have to be phased in. We can do three this year, and if there is a problem with priorities, he believed that can be handled. Administrator Wright noted that we did ask the school people for their priorities, and Mrs. Giordano stated it was her understanding that the School Board did not want to make that decision. It was noted that possibly Mrs. Giordano could relate to the School Board that if they have any extra money during the year they could fund these beacons, but Mrs. Giordano felt the School Board was quite adamant that they would not fund this. 22 EP BOOK P� U S 11 1985 .SEP 11.1985 BOOK; Ftlu u Further discussion ensued regarding requiring site plans for schools in the future as we need better coordination and planning re their ingress and egress. The Vice Chairman, upon determining that no one further wished to be heard, declared the hearing closed. ON MOTION by Commissioner Bird, SECONDED by Commissioner Bowman, the Board unanimously (4-0) adopted Resolution 85-93 approving a final budget of $5,099,030 for the Transportation Fund for fiscal year 1985-86. 23 RESOLUTION NO. 85- 93 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE COUNTY BUDGET OFFICER'S ESTIMATES OF RECEIPTS OTHER THAN TAXES AND OF BALANCES TO BE BROUGHT FORWARD FOR FISCAL YEAR 1985-86 AND ADOPTING A FINAL BUDGET FOR THE TRANSPORTATION FUND. WHEREAS, the Budget Officer for Indian River County ascertained the needs and the fiscal policy of the Board for the ensuing fiscal year and did prepare and present to the Board a tentative budget for fiscal year 1985-86 including all estimates of receipts, taxes to be levied, and balances expected to be brought forward and all estimated expenditures, reserves, and balances to be carried over at the end of the year; and WHEREAS, the Board of County Commissioners did examine the tentative budget and held public hearings pursuant to law to consider input from the citizens of Indian River County with respect to the taxes to be levied, the amounts and the use of the money derived from the levy of taxes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. the County Budget Officer's estimates of receipts other than taxes, and of balances to be brought forward, for the Transportation Fund are hereby revised as set forth in Exhibit A attached hereto, and 2. the Board of County Commissioners of Indian River County hereby adopts the attached budget as the final budget for fiscal year 1985-86 for the Transportation Fund. 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 Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner William C. Wodtke, Jr. Aye The Chairman thereupon declared the resolution duly passed and adopted this 11th day of September , 1985. BO OF COUNTY COMMISSIONERS O IN AN RIVER COUNTY, FLORIDA 5hairman ti c Lyon' Attest: �,f_e_,�s L-e� � 'FREDA WRIGHT Clerk APPROVED AS TO FORM AND LEGAL SU •FICIENCY By Charles P. Vitunac, County Attorney e,w+mw¢..+es.:nzk.._ ..,:...,:..,..:--.5..._.........,.+....,,..,n-w.«�.e:.....rw..+.w.+...: ..-,c,,..•.✓.._ ._-... 24 SEP 111985 BOOK67) FAUGE -I SEP 11 1985 BOOK Fi,E The Vice Chairman opened the public hearing on the General Purpose Municipal Service Taxing Unit. OMB Director Barton announced that the proposed millage is 1.22025. It is below rollback so there is no requirement, and the proposed budget is $6,501,166. This is assessed only to the residents of the unincorporated area of the county. The Vice Chairman asked if anyone present wished to be heard or present any objections. There being none, he thereupon declared the -hearing closed. ON MOTION by Commissioner Bird, SECONDED by Commissioner Bowman, the Board unanimously (4-0) adopted Resolution 85-94 establishing a millage rate of 1.22025 for the General Purpose Municipal Service Taxing Unit for fiscal year 1985-86. RESOLUTION NO. 85-94 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING THE TAX MILLAGE RATE TO BE LEVIED UPON ALL REAL AND PERSONAL TAXABLE PROPERTY IN THE MULTIPURPOSE MUNICIPAL SERVICE TAXING UNIT FOR FISCAL YEAR 1985-86 TO FUND THE INDIAN RIVER COUNTY MULTIPURPOSE MUNICIPAL SERVICE TAXING UNIT. WHEREAS, the Budget Officer of Indian River County prepared and presented to the County Commission a tentative budget for the Municipal Service Taxing Unit of Indian River County, Florida for the fiscal year commencing on the 1st day of October, 1985, and ending on the 30th day of September, 1986, addressing each of the funds therein as provided by law, including all estimated receipts, taxes to be levied, and balances expected to be brought forward, and all estimated expenditures, reserves, and balances to be carried over at the end of the year; and WHEREAS, the Board of County Commissioners of Indian River County held numerous public workshops to consider and amend the tentative budget as presented; and WHEREAS, the Board did prepare a statement summarizing all of the tentative budgets showing for each budget and for the total of all budgets, proposed tax millages, the balances, and 25 reserves, and the total of each major classification of the receipts and expenditures classified according to accounts prescribed by the appropriate State agencies; and WHEREAS, the proposed millage rate for the Municipal Service Taxing Unit does not exceed rolled back rate; and WHEREAS, the Board of County Commissioners did hold a public hearing to review and adopt a tentative budget; and WHEREAS, the final budget hearing has been properly advertised and held in accordance with applicable Florida law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that this Board does herewith levy upon all real and personal taxable property in the unincorporated portion of Indian River County, Florida, as it exists October 1, 1985, for fiscal year 1985-86 a tax of 1.22025 mills on the dollar for the purpose of funding the Municipal Service Taxing Unit of Indian River County. BE IT FURTHER RESOLVED that the millage as adopted herein shall be filed in the Office of the County Auditor and in the Public Records and the County Auditor shall transmit forthwith a certified copy of this resolution to the Property Appraiser for Indian River' County, to the Tax Collector for Indian River County, and to the Department of Revenue of the State of Florida. 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 Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner William C. Wodtke, Jr. Aye The- Chairman thereupon declared the resolution duly passed and adopted this 11th day of September, 1985. BOARD OF COUNTY COMMISSIONERS OF I*DT-AN RIVER COUNTY, FLORIDA SES' 111985 26 BOOK PAGE I SEP 1-11985 eooK C r El.'cd 1 k;Ut :.J.ad. ON MOTION by Commissioner Bird, SECONDED by Commissioner Bowman, the Board unanimously (4-0) adopted Resolution_ 85-95 approving a final budget of $6,501,166 for the General Purpose Municipal Service Taxing Unit for fiscal year 1985-86. RESOLUTION NO. 85-95 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE COUNTY BUDGET OFFICER'S ESTIMATES OF RECEIPTS OTHER THAN TAXES AND OF BALANCES TO BE BROUGHT FORWARD FOR FISCAL YEAR 1985-86 AND ADOPTING A FINAL BUDGET FOR THE MULTIPURPOSE MUNICIPAL SERVICE TAXING UNIT. WHEREAS, the Budget Officer for Indian River County ascertained the needs and the fiscal policy of the Board for the ensuing fiscal year and did prepare and present to the Board a tentative budget for fiscal year 1985-86 including all estimates of receipts, taxes to be levied, and balances expected to be brought forward and all estimated expenditures, reserves, and balances to be carried over at the end of the year; and WHEREAS, the Board of County Commissioners did examine the tentative budget and held public hearings pursuant to law to consider input from the citizens of Indian River County with respect to the taxes to be levied, the amounts and the use of the money derived from the levy of taxes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. the County Budget Officer's estimates of receipts other than taxes, and of balances to be brought forward, for the Multipurpose Municipal Service Taxing Unit are hereby revised as set forth in Exhibit A attached hereto, and 2. the Board of County Commissioners of Indian River County hereby adopts the attached budget as the final budget for fiscal year 1985-86 for the Multipurpose Municipal Service Taxing Unit. 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 Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner William C. Wodtke, Jr. Aye ThP Chairman thereupon declared the resolution duly Ipassed and adopted this 11th day of September. 1985. BOARD OF COUNTY COMMISSIONERS ,I OF IN N RIVER COUNTY, FLORIDA By atr y n , Ch rman 27 The Vice Chairman opened the public hearing on the Beach Acquisition General Obligation Bonds. OMB Director Barton explained that this is the third year of a five year issue and there is no rollback provision because it is a voted debt levy. The proposed millage is 0.39679, and the proposed budget is $1,367,926. The Vice Chairman asked if anyone present wished to be heard or present any objections. There being none, he thereupon declared the hearing closed. ON MOTION by Commissioner Bird, SECONDED by Commissioner Bowman, the Board unanimously (4-0) adopted Resolution 85-96 establishing a millage rate of 0.39679 for the Beach Acquisition General Obligation Bonds for fiscal year 1985-86. RESOLUTION NO. 85-96 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING THE TAX MILLAGE RATE TO BE LEVIED UPON ALL REAL AND PERSONAL TAXABLE PROPERTY IN INDIAN RIVER COUNTY, FLORIDA FOR FISCAL YEAR 1985-86 FOR THE BEACH ACQUISITION GENERAL OBLIGATION BONDS (1982). WHEREAS, the Budget Officer of Indian River County prepared and presented to the County Commission a tentative budget for the Beach Acquisition General Obligation Bonds (1982) of Indian River County, Florida for the fiscal year commencing on the 1st day of October, 1985, and ending on the 30th day of September, 1986, addressing each of the funds therein as provided by law, including all estimated receipts, taxes to be levied, and balances expected to be brought forward, and all estimated expenditures, reserves, and balances to be carried over at the end of the year; and WHEREAS, the Board of County Commissioners of Indian River County held numerous public workshops to consider and amend the tentative budget as presented; and 28 EP 111985 BOOK �;,� k'fiuE J SEP 11 1985 Booa �� Ff+-U -L WHEREAS, the Board did prepare a statement summarizing all of the tentative budgets showing for each budget and for the total of all budgets, proposed tax millages, the balances, and reserves, and the total of each major classification of the receipts and expenditures classified according to accounts prescribed by the appropriate State agencies; and WHEREAS, the Board of County Commissioners did hold a public hearing to review and adopt a tentative budget; and WHEREAS, the final budget hearing has been properly advertised and held in accordance with applicable Florida law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that this Board does herewith levy upon all real and personal taxable property in Indian River County, Florida for fiscal year 1985-86 a tax of 0.39679 mills on the dollar for the purpose of funding the Acquisition General Obligation Bonds (1982) of Indian River County. BE IT FURTHER RESOLVED that the millage as adopted herein shall be filed in the Office of the County Auditor and in the Public Records and the County Auditor shall transmit forthwith a certified copy of this resolution to the Property Appraiser for Indian River County, to the Tax Collector for Indian River County, and to the Department of Revenue of the State of Florida. 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 Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner William C. Wodtke, Jr. Aye The Chairman thereupon declared Resolution No. 85-96 duly passed and adopted this 11th day of September, 1985. BOARD OF COUNTY COMMISSIONERS OF I*D7*N RIVER COUNTY, FLORIDA B Pa c c B. Lyo s, 29 irman SEP I 11985 E ON MOTION by Commissioner Bird, SECONDED by Commissioner Bowman, the Board unanimously (4-0) adopted Resolution 85-97 approving a final budget of $1,367,926 for the Beach Acquisition General Obligation Bonds for fiscal year 1985-86. RESOLUTION NO. 85-97 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE COUNTY BUDGET OFFICER'S ESTIMATES OF RECEIPTS OTHER THAN TAXES AND OF BALANCES TO BE BROUGHT FORWARD FOR FISCAL YEAR 1985-86 AND ADOPTING A FINAL BUDGET FOR THE BEACH ACQUISITION GENERAL OBLIGATION BONDS. WHEREAS, the Budget Officer for Indian River County ascertained the needs and the fiscal policy of the Board for the ensuing fiscal year and did prepare and present to the Board a tentative budget for fiscal year 1985-86 including all estimates of receipts, taxes to be levied, and balances expected to be brought forward and all estimated expenditures, reserves, and balances to be carried over at the end of the year; and WHEREAS, the Board of County Commissioners did examine the tentative budget and held .public hearings pursuant to law to consider input from the citizens of Indian River County with respect to the taxes to be levied, the amounts and the use of the money derived from the levy of taxes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. the County Budget Officer's estimates of receipts other than taxes, and of balances to be brought forward, for the Beach Acquisition General Obligation Bonds (1982) are hereby revised as set forth in Exhibit A attached hereto, and 2. the Board of County Commissioners of Indian River County hereby adopts the attached budget as the final budget for fiscal year 1985-86 for the Beach Acquisition General Obligation Bonds (1982). 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 Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner William C. Wodtke, Jr. Aye The Chairman thereupon declared the resolution duly passed and adopted this lith day of September. , 1985, BOAR F COUNTY COMMISSIONERS OF _IN RIVER COUNTY, FLORIDA B �— P ick B. Lyon , C airman 30 BOOn �Lj k.1 FF U U SEP 111985 BOOK �; FAU,E The Vice Chairman announced that the next budgets to be considered are those of the various Fire Districts. He thereupon opened the public hearing on the North County Fire District. OMB Director Barton reported that the proposed millage is 0.5, which does not exceed rollback, and the proposed budget is $311,044. The Vice Chairman asked if anyone present wished to be heard or present any objections. There being none, he thereupon declared the -hearing closed. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously (4-0) adopted Resolution 85-98 establishing a millage rate of 0.5 for the North County Fire District for fiscal year 1985-86. RESOLUTION NO. 85- 98 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, SITTING AS THE BOARD OF FIRE COMMISSIONERS FOR THE NORTH INDIAN RIVER COUNTY FIRE PROTECTION DISTRICT, ESTABLISHING THE TAX MILLAGE RATE TO BE LEVIED UPON ALL REAL AND PERSONAL TAXABLE PROPERTY IN THE NORTH INDIAN RIVER COUNTY FIRE PROTECTION DISTRICT FOR FISCAL YEAR 1985-86 TO FUND THE NORTH INDIAN RIVER COUNTY FIRE PROTECTION DISTRICT. WHEREAS, the Budget Officer of Indian River County prepared and presented to the County Commission a tentative budget for the North Indian River County Fire Protection District for the fiscal year commencing on the 1st day of October, 1985, and ending on the 30th day of September, 1986, addressing each of the funds therein as provided by law, including all estimated receipts, taxes to be levied, and balances expected to be brought forward, and all estimated expenditures, reserves, and balances to be carried over at the end of the year; and WHEREAS, the Board of County Commissioners of Indian River County held numerous public workshops to consider and amend the tentative budget as presented; and WHEREAS, the Board did prepare a statement summarizing all of the tentative budgets showing for each budget and for the total of all budgets, proposed tax millages, the balances, and d r� reserves, and the total of each major classification of the receipts and expenditures classified according to accounts prescribed by the appropriate State agencies; and WHEREAS, the proposed millage rate for the North Indian River County Fire Protection District does not exceed rolled back rate; and WHEREAS, the Board of County Commissioners did hold a public hearing to review and adopt a tentative budget; and WHEREAS, the final budget hearing has been properly advertised and held in accordance with applicable Florida law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, SITTING AS THE BOARD OF FIRE COMMISSIONERS FOR THE NORTH INDIAN RIVER COUNTY FIRE PROTECTION DISTRICT, that this Board does herewith levy upon all real and personal taxable property within the North Indian River County Fire Protection District for fiscal year 1985-86 a tax of 0.5000 mills on the dollar for the purpose of funding the North Indian River County Fire Protection District. BE IT FURTHER RESOLVED that the millage as adopted herein shall be filed in the Office of the County Auditor and in the Public Records and the County Auditor shall transmit forthwith a certified copy of this resolution to the Property Appraiser for Indian River County, to the Tax Collector for Indian River County, and to the Department of Revenue of the State of Florida. The foregoing resolution was offered by Commissioner Wodtkewho moved its adoption. The motion was seconded by Commissioner Bird and, -upon being put to a vote, the vote was as follows: Chairman Patrick B. Lyons Vice -Chairman Don C. Scurlock, Jr. Commissioner Margaret C. Bowman Commissioner Richard N. Bird Commissioner William C. Wodtke, Jr. Absent Aye Aye Aye Aye The Chairman thereupon declared Resolution No. 85-98 duly passed and adopted this 11th day of September, 1985. SEP 111985 BAII COUNTY COMMISSIONERS ORIVER COUNTY, FLORIDA32 B B. Lyons Chairman rii a SEP 111985 ,F BOOK PA Gc ON MOTION by Commissioner Wod.tke, SECONDED by Commissioner Bird, the Board unanimously (4-0) adopted Resolution 85-99 approving a final budget of $311,044 for the North County Fire District for fiscal year 1985-86. RESOLUTION NO. 85-99 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, SITTING AS THE DISTRICT BOARD OF FIRE COMMISSIONERS FOR THE NORTH INDIAN RIVER COUNTY FIRE PROTECTION DISTRICT AMENDING THE COUNTY BUDGET OFFICER'S ESTIMATES OF RECEIPTS OTHER THAN TAXES AND OF BALANCES TO BE BROUGHT FORWARD FOR FISCAL YEAR 1985-86 AND ADOPTING A FINAL BUDGET FOR THE NORTH INDIAN RIVER COUNTY FIRE PROTECTION DISTRICT. WHEREAS, the Budget Officer for Indian River County ascertained the needs and the fiscal policy of the Board for the ensuing fiscal year and did prepare and present to the Board a tentative budget for fiscal year 1985-86 including all estimates of receipts, taxes to be levied, and balances expected to be brought forward and all estimated expenditures, reserves, and balances to be carried over at the end of the year; and WHEREAS, the Board of County Commissioners did examine the tentative budget and held public hearings pursuant to law to consider input from the citizens of Indian River County with respect to the taxes to be levied, the amounts and the use of the money derived from the levy of taxes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, SITTING AS THE DISTRICT BOARD OF FIRE COMMISSIONERS FOR THE NORTH INDIAN RIVER COUNTY FIRE PROTECTION DISTRICT, that: - 1. the County Budget Officer's estimates of receipts other than taxes, and of balances to be brought forward, for the North Indian River County Fire Protection District are hereby revised as set forth in Exhibit A attached hereto, and 2. the Board of County Commissioners of Indian River 33 County sitting as the District Board of Fire Commissioners for the North Indian River County Fire Protection District hereby adopts the attached budget as the final budget for fiscal year 1985-86 for the North Indian River County Fire Protection District. The foregoing resolution was offered by Commissioner Wodtke who moved its adoption. The motion was seconded by Commissioner Bird 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 Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner William C. Wodtke, Jr. Aye The Chairman thereupon declared Resolution No. 85-99 duly passed and adopted this 11th day of September, 1985. BOARD, --DF COUNTY COMMISSIONERS OF I DIP, RJVER COUNTY, FLORIDA I: Chfairman 'The Vice Chairman opened the public hearing on the West County Fire District. OMB Director Barton reported that the proposed millage for the West County Fire District, which includes all County lands west of 1-95 except for some land around Fellsmere, is 0.30526, which is less than last year's millage. It exceeds the rollback rate by 12.20, and the proposed budget is $45,000. The Vice Chairman asked if anyone present wished to be heard or present any objections. There being none, he thereupon declared the hearing closed. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously (4-0) adopted Resolution 85-100 establishing a millage rate of 0.30526 for the West County Fire District for fiscal year 1985-86. 34 SEP 111985 BOOK IFAGUE "E' SEP 11`1985 BOOK; FA6E RESOLUTION NO. 85- 100 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING THE TAX MILLAGE RATE TO BE LEVIED UPON ALL REAL AND PERSONAL TAXABLE PROPERTY IN THE WEST INDIAN RIVER COUNTY FIRE PROTECTION MUNICIPAL SERVICE TAXING UNIT FOR FISCAL YEAR 1985-86 FOR THE WEST INDIAN RIVER COUNTY FIRE PROTECTION MUNICIPAL SERVICE TAXING UNIT. WHEREAS, the Budget Officer of Indian River County prepared and. presented to the County Commission a tentative budget for the West Indian River County Fire Protection Municipal Service Taxing Unit for the fiscal year commencing on the 1st day of October, 1985, and ending on the 30th day of September, 1986, addressing each of the funds therein as provided by law, including all estimated receipts, taxes to be levied, and balances expected to be brought forward, and all estimated expenditures, reserves, and balances to be carried over at the end of the year; and WHEREAS, the Board of County Commissioners of Indian River County held numerous public workshops to consider and amend the tentative budget as presented; and WHEREAS, the Board did prepare a statement summarizing all of the tentative budgets showing for each budget and for the total of all budgets, proposed tax millages, the balances, and reserves, and the total of each major classification of the receipts and expenditures classified according to accounts prescribed by the appropriate State agencies; and WHEREAS, the proposed millage rate for the West Indian River County Fire Protection Municipal Service Taxing Unit exceeds rolled back rate by 12.2%; and WHEREAS, the Board of County Commissioners did hold a public hearing to review and adopt a tentative budget; and WHEREAS, the final budget hearing has been properly advertised and held in accordance with applicable Florida law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that this Board does herewith levy upon all real and personal taxable property within West Indian River County Fire Protection Municipal Service Taxing Unit for fiscal year 1985-86 a tax of 0.30526 mills on the dollar for the purpose of funding the West 34-A Indian River County Fire Protection Municipal Service Taxing Unit. BE IT FURTHER RESOLVED that the millage as adopted herein shall be filed in the Office of the County Auditor and in the Public Records and the County Auditor shall transmit forthwith a certified copy of this resolution to the Property Appraiser for Indian River County, to the Tax Collector for Indian River County, and, to the Department of Revenue of the State of Florida. The foregoing resolution was offered by Commissioner Wodtkewho moved its adoption. The motion was seconded by Commissioner Bird and, upon being put to a vote, the vote was as follows: Chairman Patrick B. Lyons m Absent Vice -Chairman Don C. Scurlock, Jr. Aye Commissioner Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner William C. Wodtke, Jr. Aye The Chairman thereupon declared Resolution No. 85-100 duly passed and adopted this 11thday of September, 1985. BOARD OF COUNTY COMMISSIONERS OF AN RIVER COUNTY, FLORIDA Crick 13. 'Lyon airman i ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously (4-0) adopted Resolution 85-101 approving a final budget of $45,000 for the West County Fire District for fiscal year 1985-86. SEP 111985 35 ��I BOOR, RESOLUTION NO. 85-101 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE COUNTY BUDGET OFFICER'S ESTIMATES OF RECEIPTS OTHER THAN TAXES AND OF BALANCES TO BE BROUGHT FORWARD FOR THE FISCALYEAR RINDIAN6 AND RIVEROPTING COUNTY FINAL BUDGET FOR FIREPROTECTION MUNICIPAL SERVICE TAXING UNIT. WHEREAS, the Budget Officer for Indian River County ascertained the needs and the fiscal policy of the Board for the ensuing fiscal year and did prepare and present to the Board a tentative budget for fiscal year 1985-86 including all estimates of receipts, taxes to be levied, and balances expected to be brought forward and all estimated expenditures, reserves, and balances to be carried over at the end of the year; and WHEREAS, the Board of County Commissioners did examine the tentative budget and held public hearings pursuant to law to consider input from the citizens of Indian River County with respect to the taxes to be levied, the amounts and the use of the money derived from the levy of taxes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. the County Budget Officer's estimates of receipts other than taxes, and of balances to be brought forward, for the West Indian River County Municipal Service Taxing Unit are hereby revised as set forth in Exhibit A attached hereto, and 2. the Board of County Commissioners of Indian River County hereby adopts the attached budget as the final budget for fiscal year 1985-86 for the West Indian River County Municipal Service Taxing Unit. The foregoing resolution was offered by Commissioner Wodtke who moved its adoption. The motion was seconded by Commissioner Bird 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 Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner William C. Wodtke, Jr. Aye The Chairman thereupon declared the resolution duly passed and adopted this 11th day. of September 1985. BOARD O COUNTY COMMISSIONERS OF IN AN RIVER COUNTY, FLORIDA B Pat •ek B. Lyon , C irman Attest: _��5. • r FRE— DA RI HT Clerk APPROVED. -AS' TO FORM AND LEGAL..SUFFICIE CY 36 i � The Vice Chairman opened the public hearing on the South County Fire District. OMB Director Barton reported that the proposed millage is 1.6420, which exceeds the rollback rate by 18.6%, and the proposed budget is $3,831,822. The Vice Chairman asked if anyone present wished to be heard or present any objections. There being none, he thereupon declared the hearing closed. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously (4-0) adopted Resolution 85-102 establishing a millage rate of 1.6420 for the South County Fire District for fiscal year 1985-86. RESOLUTION NO. 85- 102 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, SITTING AS THE BOARD OF FIRE COMMISSIONERS FOR THE SOUTH INDIAN RIVER COUNTY FIRE PROTECTION DISTRICT, ESTABLISHING THE TAX MILLAGE RATE TO BE LEVIED UPON ALL REAL AND PERSONAL TAXABLE PROPERTY IN THE SOUTH INDIAN RIVER COUNTY FIRE PROTECTION DISTRICT FOR FISCAL YEAR 1985-86 TO FUND THE SOUTH INDIAN RIVER COUNTY FIRE PROTECTION DISTRICT. WHEREAS, the Budget Officer of Indian River County prepared and presented to the County Commission a tentative budget for the South Indian River County Fire Protection District for the fiscal year commencing on the 1st day of October, 1985, and ending on the 30th day of September, 1986, addressing each of the funds therein as provided by law, including all estimated receipts, taxes to be levied, and balances expected to be brought forward, and all estimated expenditures, reserves, and balances to be carried over at the end of the year; and WHEREAS, the Board of County Commissioners of Indian River County held numerous public workshops to consider and amend the tentative budget as presented; and WHEREAS, the Board did prepare a statement summarizing all of the tentative budgets showing for each budget and for the total of all budgets, proposed tax millages, the balances, and 37 SEP 111985 BOOK fpm PAGE SEP 111985 BOOK Pr�Ut'�` reserves, and the total of each major classification of the receipts and expenditures classified according to accounts prescribed by the appropriate State agencies; and WHEREAS, the proposed millage rate for the South Indian River County Fire Protection District does exceed rolled back rate by 18.60; and WHEREAS, the Board of County Commissioners did hold a public hearing to review and adopt a tentative budget; and WHEREAS, the final budget hearing has been properly advertised and held in accordance with applicable Florida law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, SITTING AS THE BOARD OF FIRE COMMISSIONERS FOR THE SOUTH INDIAN RIVER COUNTY FIRE PROTECTION DISTRICT, that this Board does herewith levy upon all real and personal taxable property within the South Indian River County Fire Protection District for fiscal year 1985-86 a tax of 1.6420 mills on the dollar for the purpose of funding the South Indian River County Fire Protection District. BE IT FURTHER RESOLVED that the millage as adopted herein shall be filed in the Office of the County Auditor and in the Public Records and the County Auditor shall transmit forthwith a certified copy of this resolution to the Property Appraiser for Indian River County, to the Tax Collector for Indian River County, and to the Department of Revenue of the State of Florida. The foregoing resolution was offered by Commissioner Wodtke who moved its adoption. The motion was seconded by Commissioner Bird 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 Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner William C. Wodtke, Jr. Aye The Chairman thereupon declared Resolution No. 85-102 duly passed and adopted this 11th day of September, 1985. BOARD COUNTY COMMISSIONERS 38 OF I I RIVER COUNTY, FLORIDA 1 0 K- 1 lur, n. i,yonsr airman LJ ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously (4-0) adopted Resolution 85-103 approving a final budget of $3,831,822 for the South County Fire District for fi-scal year 1985-86. RESOLUTION NO. 85- 103 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, SITTING AS THE DISTRICT BOARD OF FIRE COMMISSIONERS FOR THE SOUTH INDIAN RIVER COUNTY FIRE PROTECTION DISTRICT AMENDING THE COUNTY BUDGET OFFICER'S ESTIMATES OF RECEIPTS OTHER THAN TAXES AND OF BALANCES TO BE BROUGHT FORWARD FOR FISCAL YEAR 1985-86 AND ADOPTING A FINAL BUDGET FOR THE SOUTH INDIAN RIVER COUNTY FIRE PROTECTION DISTRICT. WHEREAS, the Budget Officer for Indian River County ascertained the needs and the fiscal policy of the Board for the ensuing fiscal year and did prepare and present to the Board a tentative budget for fiscal year 1985-86 including all estimates of receipts, taxes to be levied, and balances expected to be brought forward and all estimated expenditures, reserves, and balances to be carried over at the end of the year; and WHEREAS, the Board of County Commissioners did examine the tentative budget and held public hearings pursuant to law to consider input from the citizens of Indian River County with respect to the taxes to be levied, the amounts and the use of the money derived from the levy of taxes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, SITTING AS THE DISTRICT BOARD OF FIRE COMMISSIONERS FOR THE SOUTH INDIAN RIVER COUNTY FIRE PROTECTION DISTRICT, that: 1. the County Budget Officer's estimates of receipts other than taxes, and of balances to be brought forward, for the South Indian River County Fire Protection District are hereby revised as set forth in Exhibit A attached hereto, and 39 SEP 111985 BOOK % � FAGE r SEP 111985 BOOK L Fr.6t ; 2. the Board of County Commissioners of Indian River County sitting as the District Board of Fire Commissioners for the South Indian River County Fire Protection District hereby adopts the attached budget as the final budget for fiscal year 1985-86 for the South Indian River County Fire Protection District. The foregoing resolution was offered by Commissioner Wodtke who moved its adoption. The motion was seconded by Commissioner Bird 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 Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner William C. Wodtke, Jr. Aye The Chairman thereupon declared Resolution No. 85-103 duly passed and adopted this 11th day of September, 1985. BOAOF COUNTY COMMISSIONERS OF NPa AN RIVER COUNTY, FLORIDA y hairman . LYQVS, The Vice Chairman announced that the Commission now would consider the various Street Lighting Districts. He thereupon opened the public hearing on the Rockridge Street Lighting District. OMB Director Barton reported that the proposed assessment is $5.00 per parcel/acre and there is no rollback requirement. The proposed operating budget is $4,023. The Vice Chairman asked if anyone present wished to be heard or present any objections. There being none, he thereupon declared the hearing closed. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously (4-0) adopted Resolution 85-104 providing for an assessment of $5.00 per parcel/acre for the Rockridge Street Lighting Municipal Service Taxing Unit for fiscal year 1985-86. 40 I e J, RESOLUTION NO. 85-104 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING THE ASSESSMENT RATE TO BE LEVIED UPON ALL REAL AND PERSONAL TAXABLE PROPERTY IN THE ROCKRIDGE STREET LIGHTING MUNICIPAL SERVICE TAXING UNIT FOR FISCAL YEAR 1985-86 TO FUND THE ROCKRIDGE STREET LIGHTING MUNICIPAL SERVICE TAXING UNIT. WHEREAS, the Budget Officer of Indian River County prepared and presented to the County Commission a tentative budget for the Rockridge Street Lighting Municipal Service Taxing Unit of Indian River County, Florida for the fiscal year commencing on the 1st day of October, 1985, and ending on the 30th day of September, 1986, addressing each of the funds therein as provided by law, including all estimated receipts, taxes to be levied, and balances expected to be brought forward, and all estimated expenditures, reserves, and balances to be carried over at the end of the year; and WHEREAS, the Board of County Commissioners of Indian River County held numerous public workshops to consider and amend the tentative budget as presented; and WHEREAS, the Board did prepare a statement summarizing all of the tentative budgets showing for each budget and for the total of all budgets, proposed tax millages, the balances, and reserves, and the total of each major classification of the receipts and expenditures classified according to accounts prescribed by the appropriate State agencies; and WHEREAS, the Board of County Commissioners did hold a public hearing to review and adopt a tentative budget; and WHEREAS, the final budget hearing has been properly advertised and held in accordance with applicable Florida law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that this Board does herewith assess a rate of $5.00 per parcel/acre or any portion of an acre of real property within the boundaries of the Rockridge Street Light Municipal Service Taxing Unit. - L - 41 BOOK ftw.�t r BOOK BE IT FURTHER RESOLVED that the rate as adopted herein shall be filed in the Office of the County Auditor and in the Public Records and the County Auditor shall transmit forthwith a certified copy of this resolution to the Property Appraiser for Indian River County, to the Tax Collector for Indian River County, and to the Department of Revenue of the State of Florida. The foregoing resolution was offered by Commissioner Wodtke who moved its adoption. The motion was seconded by Commissioner Bird 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 Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner William C. Wodtke, Jr. Aye The Chairman thereupon declared Resolution No. 85-104 duly passed and adopted this 11thday of September, 1985. BOARD OF COUNTY COMMISSIONERS OF I>gIAN RIVER COUNTY, FLORIDA dffick B.- Lyon hairman ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously (4-0) adopted Resolution 85-105 approving a final budget of $4,023 for the Rockridge Street Lighting Munici- pal Service Taxing Unit for fiscal year 1985-86. 42 RESOLUTION NO. 85- 105 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE COUNTY BUDGET OFFICER'S ESTIMATES OF RECEIPTS OTHER THAN TAXES AND OF BALANCES TO BE BROUGHT FORWARD FOR FISCAL YEAR 1985-86 AND ADOPTING A FINAL BUDGET FOR THE ROCKRIDGE STREET LIGHTING MUNICIPAL SERVICE TAXING UNIT. WHEREAS, the Budget Officer for Indian River County ascertained the needs and the fiscal policy of the Board for the ensuing fiscal year and did prepare and present to the Board a tentative budget for fiscal year 1985-86 including all estimates of receipts, taxes to be levied, and balances expected to be brought forward and all estimated expenditures, reserves, and balances to be carried over at the end of the year; and WHEREAS, the Board of County Commissioners did examine the tentative budget and held public hearings pursuant to law to consider input from the citizens of Indian River County with respect to the taxes to be levied, the amounts and the use of the money derived from the levy of taxes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. the County Budget Officer's estimates of receipts other than taxes, and of balances to be brought forward, for the Rockridge Street Lighting Municipal Service Taxing Unit are hereby revised as set forth in Exhibit A attached hereto, and 2. the Board of County Commissioners of Indian River County hereby adopts the attached budget as the final budget for fiscal year 1985-86 for the Rockridge Street Lighting Municipal Service Taxing Unit. The foregoing resolution was offered by Commissioner Wodtke who moved its adoption. The motion was seconded by Commissioner Bird 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 Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner William C. Wodtke, Jr. Aye The Chairman thereupon declared the resolution duly passed and adopted this 11th da of September Y p 1985. BOAR COUNTY COMMISSIONERS OF DIA RIVER COUNTY, FLORIDA Attest: A FUEDA WRIGHT Clerk APPROVED 'AS TO FORM AND EGAL SUFFI IENCY By 1 Charles P. Vitunac, County Attorney SEP 111985 43 liY."s, irman BOOK FAH . I Fp - SEP 111985 BOOK. Pr1tiC The Vice Chairman opened the public hearing on Laurelwood Street Lighting District. OMB Director Barton reported that the proposed assessment is $23.00 per parcel/acre and there is no rollback requirement. The proposed operating budget is $9,250. The Vice Chairman asked if anyone present wished to be heard or present any objections. There being none, he thereupon declared the hearing closed. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously (4-0) adopted Resolution 85-106 providing for an assessment of $23.00 per parcel/acre for the Laurelwood Street Lighting Municipal Service Taxing Unit for fiscal year 1985-86. RESOLUTION NO. 85- 106 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING THE ASSESSMENT RATE TO BE LEVIED UPON ALL REAL AND PERSONAL TAXABLE PROPERTY IN THE LAURELWOOD STREET LIGHTING MUNICIPAL SERVICE TAXING UNIT FOR FISCAL YEAR 1985-86 TO FUND THE LAURELWOOD STREET LIGHTING MUNICIPAL SERVICE TAXING UNIT. WHEREAS, the Budget Officer of Indian River County prepared and presented to the County Commission a tentative budget for the Laurelwood Street Lighting Municipal Service Taxing Unit of Indian River County, Florida for the fiscal year commencing on the 1st day of October, 1985, and ending on the 30th day of September, 1986, addressing each of the funds therein as provided by law, including all estimated receipts, taxes to be levied, and balances expected to be brought forward, and all estimated expenditures, reserves, and balances to be carried over at the end of the year; and WHEREAS, the Board of County Commissioners of Indian River County held numerous public workshops to consider and amend the tentative budget as presented; and 44 WHEREAS, the Board did prepare a statement summarizing all of the tentative budgets showing for each budget and for the total of all budgets, proposed tax millages, the balances, and reserves, and the total of each major classification of the receipts and expenditures classified according to accounts prescribed by the appropriate State agencies; and WHEREAS, the Board of County Commissioners did hold a public hearing to review and adopt a tentative budget; and WHEREAS, the final budget hearing has been properly advertised and held in accordance with applicable Florida law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that this Board does herewith assess $23.00 per parcel/acre or any portion of an acre of real property within the boundaries of the Laurelwood Street Light Municipal Service Taxing Unit. BE IT FURTHER RESOLVED that the assessment as adopted herein shall be filed in the Office of the County Auditor and in the Public Records and the County Auditor shall transmit forthwith a certified copy of this resolution to the Property Appraiser for Indian River County, to the Tax Collector for Indian River County, and to the Department of Revenue of the State of Florida. The foregoing resolution was offered by Commissioner Wodtke who moved its adoption. The motion was seconded by Commissioner Bird 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 Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner William C. Wodtke, Jr. Aye The Chairman thereupon declared Resolution No. 85-106 duly passed and adopted this 11thday of September, 1985. BOARD OF COUNTY COMMISSIONERS OF IN N RIVER COUNTY, FLORIDA B � 45 :ricx B. Lyo airman �aor FacE SEP 111985 BOOK ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously (4-0) adopted Resolution 85-107 approving a final budget of $9,250 for the Laurelwood Street Lighting Munici- pal Service Taxing Unit for fiscal year 1985-86. RESOLUTION NO. 85- 107 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE COUNTY BUDGET OFFICER'S ESTIMATES OF RECEIPTS OTHER THAN TAXES AND OF BALANCES TO BE BROUGHT FORWARD FOR FISCAL YEAR 1985-86 AND ADOPTING A FINAL BUDGET FOR THE LAURELWOOD STREET LIGHTING MUNICIPAL SERVICE TAXING UNIT. WHEREAS, the Budget Officer for Indian River County ascertained the needs and the fiscal policy of the Board for the ensuing fiscal year and did prepare and present to the Board a tentative budget for fiscal year 1985-86 including all estimates of receipts, taxes to be levied, and balances expected to be brought forward and all estimated expenditures, reserves, and balances to be carried over at the end of the year; and WHEREAS, the Board of County Commissioners did examine the tentative budget and held public hearings pursuant to law to consider input from the citizens of Indian River County with respect to the taxes to be levied, the amounts and the use of the money derived from the levy of taxes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. the County Budget Officer's estimates of receipts other than taxes, and of balances -to be brought forward, for the Laurelwood Street Lighting Municipal Service Taxing Unit are hereby revised as set forth in Exhibit A attached hereto, and 2. the Board of County Commissioners of Indian River County hereby adopts the attached budget as the final budget for fiscal year 1985-86 for the Laurelwood Street Lighting Municipal Service Taxing Unit. The foregoing resolution was offered by Commissioner Wodtke who moved its adoption. The motion was seconded by Commissioner Bird 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 Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner William C. Wodtke, Jr. Aye .Thw Chairman thRrwnnnn declared the resolution duly passed and adopted this lith day of September 1985. BOARD F COUNTY COMMISSIONERS OF I IA RIVER COUNTY, FLORIDA B Patri yons, Cha' man 46 i The Vice Chairman opened the public hearing on Gifford Street Lighting District. OMB Director Barton reported that the proposed assessment is $12.00 per parcel/acre and there is no rollback requirement. The proposed operating budget is $64,100. The Vice Chairman asked if anyone present wished to be heard or present any objections. There being none, he thereupon declared the hearing closed. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously (4-0) adopted Resolution 85-108 providing for an assessment of $12.00 per parcel/acre for the Gifford Street Lighting Municipal Service Taxing Unit for fiscal year 1985-86. RESOLUTION NO. 85- 108 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING THE ASSESSMENT RATE TO BE LEVIED UPON ALL REAL AND PERSONAL TAXABLE PROPERTY IN THE GIFFORD STREET LIGHTING MUNICIPAL SERVICE TAXING UNIT FOR FISCAL YEAR 1985-86 TO FUND THE GIFFORD STREET LIGHTING MUNICIPAL SERVICE TAXING UNIT. WHEREAS, the Budget Officer of Indian River County prepared and presented to the County Commission a tentative budget for the Gifford Street Lighting Municipal Service Taxing Unit of Indian River County, Florida for the fiscal year commencing on the 1st day of October, 1985, and ending on the 30th day of September, 1986, addressing each of the funds therein as provided by law, including all estimated receipts, taxes to be levied, and balances expected to be brought forward, and all estimated expenditures, reserves, and balances to be carried over at the end of the year; and WHEREAS, the Board of County Commissioners of Indian River County held numerous public workshops to consider and amend the tentative budget as presented; and 47 SEP 111985 BOOK ) fAGr.� F S E P 11 1985 BOOK L -' F e� Ut WHEREAS, the Board did prepare a statement summarizing all of the tentative budgets showing for each budget and for the total of all budgets, proposed tax millages, the balances, and reserves, and the total of each major classification -of the receipts and expenditures classified according to accounts prescribed by the appropriate State agencies; and WHEREAS, the Board of County Commissioners did hold a public hearing to review and adopt a tentative budget; and WHEREAS, the final budget hearing has been properly advertised and held in accordance with applicable Florida law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that this Board does herewith assess $12.00 per parcel/acre or any portion of an acre of real property within the boundaries of the Gifford Street Light Municipal Service Taxing Unit. BE IT FURTHER RESOLVED that the millage as adopted herein shall be filed in the Office of the County Auditor and in the Public Records and the County Auditor shall transmit forthwith a certified copy of this resolution to the Property Appraiser for Indian River County, to the Tax Collector for Indian River County, and to the Department of Revenue of the State of Florida. The foregoing resolution was offered by Commissioner Wodtke who moved its adoption. The motion was seconded by Commissioner Bird 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 Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner William -C. Wodtke, Jr. Aye The Chairman thereupon declared Resolution No. 85-108 duly passed and adopted this 11th day of September, 1985. BOAR OF COUNTY COMMISSIONERS OF ADJAN RIVER COUNTY, FLORIDA y a rick B . Lyon , C airman 48 ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously (4-0) adopted Resolution 85-109 approving a final budget of $64,100 for the Gifford Street Lighting Munici- pal Service Taxing Unit for fiscal year 1985-86. RESOLUTION NO. 85-109 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE COUNTY BUDGET OFFICER'S ESTIMATES OF RECEIPTS OTHER THAN TAXES AND OF BALANCES TO BE BROUGHT FORWARD FOR FISCAL YEAR 1985-86 AND ADOPTING A FINAL BUDGET FOR THE GIFFORD STREET LIGHTING MUNICIPAL SERVICE TAXING UNIT. WHEREAS, the Budget Officer for Indian River County ascertained the needs and the fiscal policy of the Board for the ensuing fiscal year and did prepare and present to the Board a tentative budget for fiscal year 1985-86 including all estimates of receipts, taxes to be levied, and balances expected to be brought forward and all estimated expenditures, reserves, and balances to be carried over at the end of the year; and WHEREAS, the Board of County Commissioners did examine the tentative budget and held public hearings pursuant to law to consider input from the citizens of Indian River County with respect to the taxes to be levied, the amounts and the use of the money derived from the levy of taxes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. the County Budget Officer's estimates of receipts other than taxes, and of balances to be brought forward, for the Gifford Street Lighting Municipal Service Taxing Unit are hereby revised as set forth in Exhibit A attached hereto, and 2. the Board of County Commissioners of Indian River County hereby adopts the attached budget as the final budget for fiscal year 1985-86 for the Gifford Street Lighting Municipal Service Taxing Unit. The foregoing resolution was offered by Commissioner Wodtke who moved its adoption. The motion was seconded by Commissioner Bird 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 Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner William C. Wodtke, Jr. Aye The Chairman thereupon declared the resolution duly passed and adopted this 11th SEP 111985 49 day of September , 1985. BOARD FCOUNTY COMMISSIONERS OF I D N RIVER CO NTY, FLORIDA By at Lyons(, C firman v BOOK - FiaGr "t SEP 111985 8,900 Cb� iliac The Vice Chairman opened the public hearing on the Vero Highlands Street Lighting District. OMB Director Barton reported that this is the first year for this District. The proposed assessment is $25.00 per parcel/acre and there is no rollback requirement. The proposed operating budget is $55,007. The Vice Chairman asked if anyone present wished to be heard or present any objections. There being none, he thereupon declared the hearing closed. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously (4-0) adopted Resolution 85-110 providing for an assessment of $25.00 per parcel/acre for the Vero Highlands Street Lighting Municipal Service Taxing Unit for fiscal year 1985-86. RESOLUTION NO. 85-110 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING THE ASSESSMENT RATE TO BE LEVIED UPON ALL REAL AND PERSONAL TAXABLE PROPERTY IN THE VERO HIGHLANDS STREET LIGHTING MUNICIPAL SERVICE TAXING UNIT FOR FISCAL YEAR 1985-86 TO FUND THE VERO HIGHLANDS STREET LIGHTING MUNICIPAL SERVICE TAXING UNIT. WHEREAS, the Budget Officer of Indian River County prepared and presented to the County Commission a tentative budget for the Laurelwood Street Lighting Municipal Service Taxing Unit of Indian River County, Florida for the fiscal year commencing on the 1st day of October, 1985, and ending on the 30th day of September, 1986, addressing each of the funds therein as provided by law, including all estimated receipts, taxes to be levied, and balances ' expected to be brought forward, and all estimated expenditures, reserves, and balances to be carried over at the end of the year; and WHEREAS, the Board of County Commissioners of Indian River County held numerous public workshops to consider and amend the tentative budget as presented; and WHEREAS, the Board did prepare a statement summarizing 50 all of the tentative budgets showing for each budget and for the total of all budgets, proposed tax millages, the balances, and reserves, and the total of each major classification of the receipts and expenditures classified according to accounts prescribed by the appropriate State agencies; and WHEREAS, the Board of County Commissioners did hold a public hearing to review and adopt a tentative budget; and WHEREAS, the final budget hearing has been properly advertised and held in accordance with applicable Florida law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that this Board does herewith assess $25.00 per parcel/acre or any portion of an acre of real property within the boundaries of the Vero Highlands Street Light Municipal Service Taxing Unit. BE IT FURTHER RESOLVED that the assessment as adopted herein shall be filed in the Office of the County Auditor and in the Public Records and the County Auditor shall transmit forthwith a certified copy of this resolution to the Property Appraiser for Indian River County, to the Tax Collector for Indian River County, and to the Department of Revenue of the State of Florida. The foregoing resolution was offered by Commissioner Wodtke who moved its adoption. The motion was seconded by Commissioner Bird 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 Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner William C. Wodtke, Jr. Aye The Chairman thereupon declared Resolution No. 85-110 duly passed and adopted this 11th day of September, 1985. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA 's Attest : 1 FRED'A WRIGHT, Clerk 51 PWtMck B. 'Lyons airman BOOK PhGr. r BOOK ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously (4-0) adopted Resolution 85-111 approving a final budget of $55,007 for the Vero Highlands Street Lighting Municipal Service Taxing Unit for fiscal year 1985-86. RESOLUTION NO. 85- 111 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE COUNTY BUDGET OFFICER'S ESTIMATES OF RECEIPTS OTHER THAN TAXES AND OF BALANCES TO BE BROUGHT FORWARD FOR FISCAL YEAR 1985-86 AND ADOPTING A FINAL BUDGET FOR THE VERO HIGHLANDS STREET LIGHTING MUNICIPAL SERVICE TAXING UNIT. rA G E WHEREAS, the Budget Officer for Indian River County ascertained the needs and the fiscal policy of the Board for the ensuing fiscal year and did prepare and present to the Board a tentative budget for fiscal year 1985-86 including all estimates of receipts, taxes to be levied, and balances expected to be brought forward and all estimated expenditures, reserves, and balances to be carried over at the end of the year; and WHEREAS, the Board of County Commissioners did examine the tentative budget and held public hearings pursuant to law to consider input from the citizens of Indian River County with respect to the taxes to be levied, the amounts and the use of the money derived from the levy of taxes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. the County Budget Officer's estimates of receipts other than taxes, and of balances to be brought forward, for the Vero Highlands Street Lighting Municipal Service Taxing Unit are hereby revised as set forth in Exhibit A attached hereto, and 2. the Board of County Commissioners of Indian River County hereby adopts the attached budget as the final budget for fiscal year 1985-86 for the Vero Highlands Street Lighting Municipal Service Taxing Unit. The foregoing resolution was offered by Commissioner Wodtke who moved its adoption. The motion was seconded by Commissioner Bird 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 Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner William C. Wodtke, Jr. Aye The Chairman thereupon declared the resolution duly passed and adopted this 11th day of September , 1985. BOARD OF COUNTY COMMISSIONERS OF IN AN RIVER COUNTY, FLORIDA Byqy, Lyons, irman 52 s /a The Vice Chairman announced that Commission would next consider the budgets for "Other Operating Funds," which includes Federal Revenue Sharing, and the Enterprise and Internal Service Funds. He thereupon opened the public hearing on those funds. OMB Director Barton announced that there are some line to line changes in Federal Revenue Sharing based on what he was instructed to move from the General Fund, and those line changes are as follows: Advertised Change to General Government $321,723 $321,413 Reserve for Contingencies 143,274 143,584 The total operating budget for Federal Revenue Sharing remains the same - $565,607. The OMB Director then read aloud the proposed budgets for the balance of the funds, all of which are non -taxing funds; no ad valorem millage is involved, and, therefore, there is no rollback requirement: 1980 6 1981 Bond Issues $1,471,925 Section 8 Rental Assistance 598,679 Police Academy Fund 53,100 Secondary Road Construction 5,278,320 Special Law Enforcement Fund 152,935 Pistol Permits Fund 2,100 Parks Development Fund 39,290 Sanitary Landfill 1,324,275 Water & Sewer Utilities 3,594,609 Impact Fees 803,300 Fleet Management 1,034,640 Building Department 595,000 The Vice Chairman asked if anyone present wished to be heard or present any objections. There being none, he thereupon declared the hearing closed. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously (4-0) approved Resolution 85-112 adopting a final budget of $565,607 for the Federal Revenue Sharing Fund for fiscal year 1985-86. 53 SEP 111985 BOOK F'hcr1_0-S S E P 111985 _I (,....., e7w A 4 01 BOOK C -� FI�AUr �V j RESOLUTION NO. 85- 112 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ADOPTING A FINAL BUDGET FOR FISCAL YEAR 1985-86 FOR THE FEDERAL REVENUE SHARING FUND. WHEREAS, the Board of County Commissioners of Indian River County has held the necessary budget hearings as provided by Florida law, has considered all expenditures set forth in the budgets, and. now determines that adoption of the budget is in the best interest of the citizens of Indian River County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board of County Commissioners hereby adopts the budget set forth in the attachment to this resolution for the following fund; FEDERAL REVENUE SHARING FUND The foregoing resolution was offered by Commissioner Bird who moved its adoption. The motion was seconded by Commissioner Wodtkeand, upon being put to a vote, the vote was as follows: Chairman Patrick B. Lyons Absent Vice Chairman Don C. Scurlock, Jr. Aye Commissioner Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner William C. Wodtke, Jr. Aye The Chairman thereupon declared the resolution duly passed and adopted this 11th day of September, 1985. BOARD OF COUNTY COMMISSIONERS OF IN kkB IVER COUNTY, FLORIDA B 3, a ic.;4y o C airman Attest:, F FRED:A WRIGHT, Clerk APPROVED -AS TO FORM AND LEGAL SUFFICIENCY By a Charles P. Vitunac, County Attorney 54 Commissioner Wodtke had a problem approving the Fleet Management budget with a negative figure of $271,687 and asked if we could change the line so Vehicle Maintenance would be $1,034,640 and not bracket at the bottom. He asked if that would change the books anywhere. Administrator Wright explained it will change the internal books. He emphasized that this is an inter service fund, and we will not let this happen. It is the first time in the history of this county that this fund actually has run in the black. In the past it was in the red, but it just wasn't budgeted in the red. OMB Director Barton confirmed that this involves accounting theory, and the Administrator is saying it is not going to happen. Commissioner Wodtke just wished to understand that Fleet Management is not going to operate and lose $271,000 for the year, and OMB Director Barton pointed out that when you approve a budget of $1,306,640, that is the total authorized expenditures. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously (4-0) approved Resolution 85-113 adopting final budgets for the Other Operating Funds and Enter- prise and Internal Service Funds for fiscal year 1985-86 as stated above. 55 5 E P 11 195 BOOK Fac` I SEP 1-11985 BOOK � 'fAGE RESOLUTION NO. 85-113 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ADOPTING A FINAL BUDGET FOR FISCAL YEAR 1985-86 FOR CERTAIN NONTAXING FUNDS OF INDIAN RIVER COUNTY. WHEREAS, the Board of County Commissioners of Indian River County has held the necessary budget hearings as provided by Florida law, . has considered all expenditures set forth in the budgets, and now determines that adoption of the budgets is in the best interest of the citizens of Indian River County. NOW, THEREFORE, BE IT RESOLVED BY THE- BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board of County Commissioners hereby adopts the budgets set forth in the attachment to this resolution for the following funds: Secondary Roads Construction Trust Fund 1980-81 Bonds Fund Rental Assistance Fund Police Academy Fund Special Law Enforcement Fund Sanitary Landfill Fund County Water and Sewer Fund Impact Fee Fund Fleet Management Fund Building Department Fund The foregoing resolution was offered by Commissioner Bird 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 Absent Vice Chairman Don C. Scurlock, Jr. Aye Commissioner Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner William C. Wodtke, Jr. Aye The Chairman thereupon declared Resolution No. 85-113 duly passed and adopted this 11th day of September, 1985. BOARD OF COUNTY COMMISSIONERS OF IND y�4/N- RIVER y�COUNTY, FLORIDA By / �Y�r/ 0< �4 PaOick B. Lyons Chairman Attest FREDA WR'IGHT, Clerk APPROVED�jO FORM AND--L)E_GA U�4FICIENCY James/I'. Wilpn, Asst. County Attorney 56 There being no further business, on Motion duly made, seconded and carried, the Board adjourned a.L9:15 o'clock P.M. ATTEST: Clerk 57 Cha i a an SEP 111985 BOOK L ZFSE Wednesday, September 18, 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, September 18, 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; Charles P. Vitunac, Attorney to the Board of County Commissioners; L.S. "Tommy" Thomas, Intergovernmental Relations Director; Jeffrey K. Barton, OMB Director; and Barbara Bonnah, Deputy Clerk. Chairman Lyons called the meeting to order. Helen Smith, Assistant Pastor of Christ United Methodist by the Sea, gave the invocation and Commissioner Bird led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA Commissioner Scurlock requested the addition to today's Agenda of a discussion re the upcoming meeting of the Treasure Coast Regional Planning Council re transportation corridors. Commissioner Bowman requested the addition to today's Agenda of an emergency meeting of the North County Fire District. Administrator Wright requested the addition of the proposed architectural contract for the County golf course. Attorney Vitunac requested the addition of a proposed resolution in conjunction with Item 12A, requesting that Indian River County remain in the Fourth District Court of Appeals. r i-4, ,,I BOOK ice; Ff�GE SEP 18 1985 I SEP 18 1995 BOOK FA(c Commissioner Bird requested the addition of selecting a name for the new county golf course at Kiwanis-Hobart Park. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously added the above items to today's Agenda. CONSENT AGENDA Administrator Wright requested that Items A, G, I, and M be removed from the Consent Agenda for discussion, and Commissioner Bird requested that Item K be removed also. A. Budget Amendment -_Sheriff's Office The Board reviewed the following budget amendment dated 9/11/85: fO: Board of County Commissioners DATE: September 11, 1985 FILE: SUBJECT: Budget Amendment FROM: Jeffrey �K.Ba�rton, REFERENCES: OMB Director This budget amendment is necessary to reflect fees collected by the Sheriff's Department for overtime patrol duty. Account Title Account Number Increase Fees Collected by Sheriff 001-000-341-52.00 $8,861 Budget Trans -Sheriff 001-600-586-99.04 $8,861 Administrator Wright noted that at the meeting of March 7, 1984 the Board authorized the County Administrator to accept the checks received for the special services rendered by the Sheriff's Department and pass these funds through to the 2 t I Sheriff's overtime account; an accounting to be made every quarter. He believed, however, that this is the first time this has been done. Commissioner Bird asked if this created a problem with overtime in re to the Garcia decision. Sheriff Dobeck explained that his department has a set policy in writing that is given to each officer at the time he is hired that states that any special duty outside of the Sheriff's Dept. would not apply to the 171 hours. In addition, there is a ruling from the Florida Sheriffs' Association, which has kept a close eye on the Garcia ruling, that assures us if we present that policy in writing to officers at the time of hiring, then it does not apply. Our policy states that the officer will receive $10 for every hour worked. The Sheriff's Department charges the outside individual or firm $15 to cover FICA, etc. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously approved the above budget amendment, as recommended by OMB Director Barton. 3 BOOK Fut e U , Bowen Supply Co., Ltd., Plant City, Fla. 1 1 1 BUDGET ACCOUNT AMENDMENT DATE REQUESTED Indian River COUNTY Form 82-7.4 Sheriff's Department No.: 6 FY: 1984-1985 August 29, 1985 TO: Indian River COUNTY Board of County CommissionersLLlt4-) I hereby request approval for the amendment of the 31"s Dep rtmeni b t as set forth below: a�= Sheriff R. T. "Tim" Dobeck Original Budget or Last Amended Budget Including Amendments Budget Accounts FY 1984-1985 Amendments Requested Requested .10 Personal Services $ 2,704,099 s 8,861 $ 2,712,960 .30 Operating Expenses 654,659 — 654,659 .60 Capital Outlay 238,433 — 238.433 Contingency 5,nnn — 5,000 TOTAL BUDGET $ 3,602,191 $ 8,861 $ 3,611,052 This is knowledge receipt b the Board of County Commissioners This is to certify that this budget account amendment has been Date: -� Approved AQk `fid Date: ct } a5 Slg tur i� re Ignature Title: _Director Office of Management & Budget Indian River County Bowen Supply Co., Ltd., Plant City, Fla. 1 1 1 B. Approval of Renewal Applications for Permit to Carry a Concealed Firearm The Board reviewed the following memo dated 9/4/85: TO: The Honorable Members of DATE: September 4, 1985 FILE: the Board of County Commissioners SUBJECT: PISTOL PERMITS - RENEWALS FROM: Michael Wright REFERENCES: County Administrator The following individuals have applied through the Clerk's office for renewal of pistol permits: Linda Lee Rye Leona Grace Taft Joseph R. Chiarella Wendy L. Chiarella All requirements of the ordinance have been met. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously approved renewal applications for a permit to carry a concealed firearm for the following persons: Linda Lee Rye Leona Grace Taft Joseph R. Chiarella Wendy L. Chiarella C. Release of Assessment Lien - 1 ERU, SR -60 Water, Tamara Gardens, #2-D ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously released assessment lien for 1 ERU on SR -60 Water, Tamara Gardens, #2-D. 5 S E P 18 1985 BOOK kiJ:� Ir?UC�� N S E P 18 1985 BOOK L� FrAGE -'-J J State Road 60 Water Project RELEASE OF ASSESSMENT LIEN For and in consideration of the sum of $970.45 RECEIVED from LEONARD J. HATALA and CONSTANCE C. HATALA, his wife, in hand this day paid, the receipt of which is hereby acknowledged, INDIAN RIVER COUNTY, FLORIDA, (the "County") hereby releases the property hereinafter described from a certain special assessment lien recorded by the County in its Official Records, Book 0691, Page 0077, for a special assessment in the amount of $970.45, plus accrued interest at the rate of ten percent (100) per annum, levied in accordance with the provisions of Ordinance No. 83-46 of the County, as amended, and Resolution No. 84-47 of the Board of County Commissioners of the County; and hereby declares such special assessment lien fully satisfied. The property, located in Indian River County, is more fully described as follows: g Condominium Unit 2-D of TAMARA GARDENS CONDOMINIUM, Phase I, according to the Declaration of Condominium, recorded in O. R. Book 667, Page 1183, of Indian River County records, as amended. Executed by the Chairman of the Board of County Commissioners of Indian River County, Florida, and attested and countersigned by the Clerk of such Board, all as of this 18th day September 1985. Attested and countersigned: o�e. . Freda Wright, C erk 'e Approved as to form and legal sufficiency: 10"Ut�� CHARLES P. ITUNAC, County Attorney Instrument prepared by and should be returned to: COUNTY ATTORNEY'S OFFICE BOARD OF COUNTY COMMISSIONERS INDIPirman COUNTY, LORIDA By B . Lyon , -1- STATE OF FLORIDA e�I" COUNTY OF INDIAN RIVER A ev .0dV15. I HEREBY C RTIFY that on this day before me, an officer duly authorize in the above State and County to take acknowledgments, rsonally appeared PATRICK B. LYONS and FREDA WRIGHT, to me known to be the persons described in and who executed the foregoing release as Chairman and Clerk respectively, of the Board of County Commissioners of Indian River County, Florida, and severally acknowledged to and before me that they executed the same as the act and deed of such County. WITNESS my hand and official seal in the above County and State this ,4M day of —401985. My Commission Expires: •• N o t7a r y7 Pa Large!51"i c"ta.,e t Flori at Lar NOTARY PUBLIC STATE OF FLC1R1W ' • BONDED THRU GENERAL INSURANCE UNW MY COMMISSION. EXPIRES JULY 8 1983 This document was prepared by and should be returned to: Charles P. Vitunac, County Attorney 1840 25th Street Vero Beach, FL 32960 SEP 18 1985 -2- BOOK P�1r Fr- 8ER,18 1985 BOOK r.�;i D. Approval of Agreement between Dept. of Corrections and Indian River County for Inmate Labor The Board reviewed the following memo dated 9/10/85: TO: Board of County September 10, 1985 Commissioners DATE: FILE: SUBJECT: AGREEMENT BETWEEN THE DEPARTMENT OF CORRECTIONS AND INDIAN RIVER COUNTY FOR INMATE LABOR FROM: REFERENCES: es, P. Wilson, 9sAt. County Attorney The Indian River County Landfill has been utilizing inmates from the Indian River County Correctional Institute to perform labor in and around the landfill for some time. This work is generally done pursuant to a standard contract entered into between the Department of Corrections and the governmental entity which utilizes such labor. Indian River County has never, to my knowledge, executed such a contract. Accordingly, Jerry Hewett of the Indian River County Correctional Institute, Bill Cook, Landfill Superintendent, and myself met to resolve some difficulties this office had regarding certain provisions contained within the standard contracts. Our main complaints were the general form of the agreement and determining whether Indian River County or the Department of Corrections would be responsible for medical expenses in the event of an injury to an inmate. The Department of Corrections has revised the foiin of the agreement to our satisfaction and agreed to be responsible for all medical expenses of inmates. In the event the Board of County Commissioners approves this contract, is is likely that future contracts may be executed with the Department of Corrections for additional inmate labor to assist the County in other departments, specifically Parks and Recreation or Road and Bridge. If you have any questions or comments on this matter, please do not hesitate to contact me. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously approved the Memorandum of Agreement between the Dept. of Corrections and Indian River County for Inmate Labor and authorized the Chairman's signature. 6 1 MEMORANDUM OF AGREEMENT BETWEEN THE DEPARTMENT OF CORRECTIONS AND INDIAN RIVER COUNTY Pursuant to Florida Statute 946.40, the Indian River Correctional Institution, herein known as IRCI and Indian River County, enters into a Memorandum of Agreement for the purpose of utilizing inmate labor for general maintenance at the Indian River County Landfill, hereinafter referred to as Landfill, located on 17th St SW, Vero Beach, Florida. This Agreement shall remain in full force until one or both parties cancel said Agree - went by providing 30 day advance notice of cancellation. This Agreement may be revised or altered by mutual agreement of the parties involved, provided however, that the Agreement is reviewed and renewed at least annually. %Inmates assigned to this public works project shall be under the overall administrative supervision of IRCI. Inmates who have been classified minimum custody according to Department of Corrections rules may be utilized by the Landfill without a Correctional Officer or other authorized Department of Corrections employee present during transit to, from, and at the work site. The County agrees. to: F _1. Schedule the use of one minimum custody inmate to be supervised by Landfill personnel. The number of inmates utilized may be changed upon mutual agreement of the Superintendent of IRCI and the Supervisor of the Landfill. Said change shall be made part of this Agreement by adendum. 2. Transport inmate to and from work site by employee of the Landfill in an authorized - County vehicle, assuming responsibility for direct inmate supervision. 3. Provide IRCI a seftedxile of work hours which the inmate will be worked, provided the work day does not exceed 10 hours, including travel time, for a five day work week. Advise in advance IRCI if the -inmate will not be picked up on any particular day(s), or advise IRCI if inmate will be returning to IRCI late.. 4. Provide all tools, equipment and personal items such as gloves, boots, hard hats, etc., necessary to perform work in a safe and effective manner. 5. Utilize responsible personnel to supervise inmate. Landfill inmate supervisor(s) will be instructed on Department of Corrections Rules and Regulations relative to supervising inmate. 6. Notify IRCI immediately when Landfill inmate supervisor knows of an inmate escape. 7. Evaluate performance of inmate under Landfill supervision and -report to IRCI any failure of inmate to perform his task in a satisfactory manner. 8. Within the scope of Landfill inmate supervisor training, provide first aid for on-the-job injuries. When an injury requires emergency medical treatment, transport inmate immediately to nearest medical facility and provide security until relieved by IRCI. If an inmate becomes ill while at the work site and does not require emergency medical treatment, notify IRCI for instructions. .Report all injuries, regardless of seriousness, to IRCI. IRCI will be responsible for all medical expenses. 9. Ensure that inmate(s) are not exposed to or have access to work areas where weapons or other tactical equipment is stored or used. BOOKFGr SEP 18 1985 ��. S EP 18 1985 BOOK, f't�Gc;�; AGREEMENT Page 2 IRCI agrees to: 1. Provide the Landfill with a minimum of one minimum custody inmate during the normal work week. Inmate is subject to emergency work. 2. To the maximum extent possible, assign the same inmate to the Landfill work crew on a day-to-day basis. In those situations where the same inmate cannot be assigned, minimum custody alternates will be provided. 3. To provide inmate with all personal items of clothing, appropriate to the.season of the year and with lunches for a noon meal. 4. To provide inmate physically able to perform manual labor. 5. Provide transportation back to IRCI for inmate that refuses to work or becomes incapacitated during workday. Where possible, provide a replacement when this occurs. 6. Be responsible for apprehending escapees. 7. Be responsible for administering all disciplinary action against inmate for infractions committed while under the Landfill's -supervision. 8. Notify the Landfill in writing of any event where Landfill inmate supervisor fails to provide proper inmate supervision. 9. Provide orientation for Landfill inmate supervisor. IRCI and Landfill mutually agree to: 1. To designate IRCI and Landfill employee to be contact for coordinating daily operations, problems, etc. 2. To assist each other in any or all civil liabilities resulting from inmate supervision. IRCI contact will be the Administration Lieutenant: 569-5100 (205) SC 454-5484 Landfill contact will be Bill Cook, Superintendent This Memorandum of Agreement constitutes the complete understanding between IRCI and the Landfill for the use of inmate labor. �•9/5 %s Ind 7�lniver. Correc oval Institution Date Vi 9-18-85 irman, Director, Region IV A pro ed as to f f nd legal suffic' B Ja es P. Wilson Asst. County Attorney Commissioners Date Date E.�DER/Army Corps/DNR Permit_ Applications__ Coastal _& Oceanographic Lab) The Board reviewed the following memo dated 9/9/85: TO: The Honorable Members DATE: September 91 1985 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: D.E.R./ARMY CORPS SUBJECT: & D.N.R. PERMIT r— APPLICATIONS R—ob e r t M. X eid ti i P Planning & Development Director FROM: C77== REFERENCES: Arthur Challacombe Coastal Ocean. Chief, Environmental Planning DIS:ARTCHA It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of September 18, 1985. D.E.R. DREDGE & FILL PERMIT APPLICATION FILE NO. 31-108472-4 APPLICANT: Coastal & Oceanographic Lab WATERWAY & LOCATION: Atlantic Ocean, 805 46th Place (F.I.T. property) WORK & PURPOSE: The applicant proposes to relocate a wave gage with a steel frame and cable from the shoreline to approximately minus twenty feet below mean sea level. ALTERNATIVES & ANALYSIS: The Planning and Development Division reviews and submits comments on dredge and fill applications to the permitting agencies based upon the following: - The conservation & Coastal Zone Management Element of the Indian River Comprehensive Plan; - Coastal Zone Management, Interim Goals,.Objectives & Policies for the Treasure Coast Region; and - The Hutchinson Island Resource Planning & Management Plan. - The Code of Laws and Ordinances of Indian River County - Indian River Lagoon Aquatic Preserves Management Plan The proposed activity is not in conflict with the above referenced documents as environmental impacts are expected to be minimal. RECOMMENDATION: It is recommended authorize staff to proposed project. that the Board of County Commissioners forward a letter of no objection to the 9 800 SEP 1 1=3 _ �-.Q� 7955 �� FruF.��,.) SEP 18 1985 BOOK f'aGE ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously authorized staff to forward a letter of no objection to the project proposed by Coastal & Oceanographic Lab. F_DER/Army Corps/DNR Permit Applications - Indian Trails The Board reviewed the following memo dated 9/9/85: TO: The Honorable Members DATE: September 9, 1985 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE D.E.R./ARMY CORPS SUBJECT: APPLICATIONS MIT Robert M. Keatlilg, 47CP Planning & Development Director 02- / FROM: Arthur Challacombe REFERENCES: I. Trails Chief, Environmental Planning DIS:ARTCHA It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of September 18, 1985. D.E.R. DREDGE & FILL PERMIT.APPLICATION FILE NO. 31-105979-4 APPLICANT: Indian Trails, Inc. WATERWAY & LOCATION: Indian River, Section 35, Township 31S, - Range 39E, Jungle Trail approximately 1.7 miles south of C.R. 510 located in the Town of Indian River Shores WORK & PURPOSE: The applicant proposes to construct a shoreline stabilization project along 0.05 acres of eroded river bank area. Total acreage of wetlands involved is 0.025 acres. Fill will consist of river bank material if possible; otherwise, clean sand will be utilized. Red mangroves will be planted to restore natural conditions. ALTERNATIVES & ANALYSIS: The Planning and Development Division reviews and submits comments on dredge and fill applications to the permitting agencies based upon the following: - The conservation & Coastal Zone Management Element of the Indian River Comprehensive Plan' 10 - Coastal -Zone Management, Interim Goals, Objectives & Policies for the Treasure Coast Region; and - The Hutchinson Island Resource Planning & Management Plan. - The Code of Laws and Ordinances of Indian River County - Indian River Lagoon Aquatic Preserves Management Plan The site of the proposed project contains no marine grass beds or significant benthic habitat. The project will aid in protecting Jungle Trail from further erosion while improving the aquatic ecosystem in the area. A turbidity screen will be installed around the work site and left in place until the original water clarity is maintained. RECOMMENDATION: It is recommended that the Board of County Commissioners authorize staff to forward a letter of no objection to the project. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously authorized staff to forward a letter of no objection to the proposed project by Indian Trails. G. IRC Bid #249 - Road Striping Paint (Annual Bid) The Board reviewed the following memo dated 9/3/_85: TO: Board of County Commissioners DATE: Sept. 3, 1985 FILE: THRU: Michael Wright SUBJECT: IRC BID #249 -Road Striping County Administrator Paint (Annual Bid) FROM: 6-"-1, REFERENCES: Carolyn odrich, Manager Purchasi g Department 1. Description and Conditions Bids were received Tuesday, August 27, 1985 at 11:00 A.M. for IRC #249 -Road Striping Paint for the Traffic Engineering Department. 12 Bid Proposals were sent out, 4 Bids were received. 2. Alternatives and Analysis The overall low bidder is Roadway Supply, Austell, Ga. Roadway Supply has the current bid for traffic paint. The bid price on Items 1 & 3 are the same as last year, Item #2 is 2¢ higher. 3. Recommendation and Funding It is recommended that IRC #249 be awarded to the low bidder, Roadway Supply. Funds budgeted in Account #001-245-541-35.35. 11 SEP 18 1985 I 600KL&" PAGc j Administrator Wright noted that the bids in Items #G, I and M had failed to mention where these items would be delivered and recommended that these bids be awarded subject to the vendor agreeing to deliver these items to Vero Beach. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously awarded IRC Annual Bid #249 to the low bidder, Roadway Supply of Austell, Georgia for road striping paint per the following bid tabulation, with the understanding that the point of destination be stipulated. i BOARD OF COUNTY COMMISSIONERS c 1840 25th Street y Vero Beach, Florida 32960', h Q � BID TABULATION •� o BID NO.67 DATE OF OPENING IRC BID #249 Aug. 27, 1985 •� ��u� a� �� aA; ca'41 BID TITLE ROAD STRIPING PAINT ITEM NO. DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT Pt 1. Oil Base -White Price Per Gal. 6 6 37 5 17 7 95 r2. Oil Base -Yellow 6 411,6 47 5 Al95 I Oil Rase -11 ack 6 1211 5 90 -6 95 4. Dayq rpqijired for delivery pays 10 P 10 3-7 14-21 12 Y�� H. IRC Bid #250 - Reinforced Concrete Pipe (Annual Bid) The Board reviewed the following memo dated 9/3/85: TO: Board of County Commissioners DATE: Sept. 3, 1985 FILE: THRU: Michael Wright SUBJECT: IRC BID #250 -Reinforced County Administrator Concrete Pipe (Annual Bid) FROM: --L1 REFERENCES: Carolyn odrich, Manager Purchasing Department 1. Description and conditions Bids were received August 27, 1985 at 11:00 A.M. for IRC #250 Reinforced Concrete Pipe for the Road & Bridge Department. 5 Bid Proposals were sent out, 3 Bids were received. 2. Alternatives and Analysis The low bid was submitted by Southern Culvert, Pinellas Park, Fl. This years bid prices are substantially lower than last years bid. 3. Recommendation and Funding It is recommended that IRC #250 be awarded to the low bidder, Southern Culvert. Funds budgeted for FY 85-86 is Account #111-214-541-35.32. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously awarded IRC Annual Bid #250 to the low bidder, Southern Culvert, Pinellas Park, Florida, for reinforced concrete pipe per the following bid tabulation. 13 r I &� " BOOK L,2 FhAGE —L E @ 18 1985 . SEP 18 1985 BOOK L2" FA -u EEL �,S BOARD OF COUNTY COMMISSIONERS 1840 25th Street 0 ~' Vero Beach, Florida 32960 , BID TABULATION - c� a' '��b BID NO. DATE OF OPENING i I RC BID#250 Auq. 27, 1985 °� Q; eiy 3��c¢' ��o.^� �"qy BID TITLE REINFORCED CONCRETE PIPE_ ITEM NO. DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT 1. Reinforced Concrete Pipe - Meets DOT Specifications Class 3-0 Ring - 8 ft�Lengths. Diameter 15" _ Per Ft. 6 08 6 45 7 12 8.11 _ ��' 24"--- ��12 11 12 90 14 20 30" It 17 09 18-20 20 02 3611_ 23 B4— 25 40 27 95 42" " 32 97 1 35 10 38 65 48" 40 92 43 60 47 97 54" 51 33 54 69 60 22 60"_65 62 2 19 11 86 00 72" 85 16 97 72 99 81 78" " NB NB 150 00 Truck Load Lots i I. IRC Bid #251 _ Bahia and St. Augustine Sod (Annual Bid) The Board reviewed the following memo dated 9/3/85: 14 d TO: Board of County Commissioners DATE: Sept. 3, 1985 FILE: THRU: Michael Wright SUBJECT: IRC BID #251 -Bahia Sod & County Administrator St. Augustine Sod (Annual Bid) FROM: 6��ZREFERENCE : S Carolyn o drich, Manager Purchasing Department 1. Description and Conditions -- Bids were received August 27, 1985 at 11:00 AM for IRC #251 - Bahia Sod & St. Augustine Sod for the Road & Bridge Department. 13 Bid Proposals were sent out. Of the 5 Bids received, 2 - were "No Bids". - - 2. Alternatives and Analysis The low bid was submitted by Sod Laid, Inc. Sebastian, Fl. - The bid is -lower than last years bid. 3. Recommendation and Funding It is recommended that IRC #251 be awarded to the low bidder, Sod Laid, Inc. --- _ — -- Funds budgeted for FY 85 -86 -in Account #111-214-541-35.39. - Administrator Wright recommended that this bid be awarded subject to the vendor agreeing to deliver these items to Vero Beach. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously awarded IRC Annual Bid #251 to the low bidder, Sod Laid, Inc., of Sebastian, Florida for Bahia & St. Augustine sod per the following bid tabulation, subject to the vendor agreeing to deliver these items to Vero Beach. 15 SEP 18 1985 BOOK F��c — F::1 SEP 18 1985 BOARD OF COUNTY COMMISSIONERS 1840 25th Street Vero Beach, Florida 32960 BID TABULATION co a �� 0 w m cam, �' ^ w`' v ti b r� y° ,� 0 0 o o �; .0'0 0 -o�° o`' a►^�� v �o BID NO. IRC BID#251 DATE OF OPENING Aug. 27, 1985 I31D TITI.%AHIA SOD & ST AUGUSTINE SOD ITEM NO. DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE .UNIT PRICE UNI 1. Bahia Sod Per Pallet NB 29 25 NB 30 0030 00 2. St. Augustine Sod Per Pallet 50 00 NB 50 00 50100 3. Furnish, Deliver & Install Sod on prepared Surface anywhere in County. Babia Sod 450 qq.ft Per Pallet 37 80 37 80 37 80 St. Augustine Sod 500 sqfi, 60 00 62 00 60 00 i J. IRC Bid_#252_Type II Asphalt Concrete (Annual Bid) The Board reviewed the following memo dated 9/3/85: TO: Board of County Commissioners DATE: Sept. 3, 1985 FILE: THRU: Michael Wright SUBJECT: IRC BID #252 -Type II Asphalt County Administrator Concrete (Annual Bid) FROM: ra`� EFERENCES: Carolyn odrich, Manager Purchasing Department 1. Description and Conditions - Bids were received August 27, 1985 at 11:00 A.M. for IRC #252 - Type II Asphalt Concrete for the Road & Bridge Department. 6 Bid Proposals were sent out. Of the 6 Bids received, 2 were "No Bids". - - - - -- 7 2. Alternatives and Analysis The overall low bid, taking into consideration quantities, was submitted by Dickerson, Inc., Stuart, F1. Dickerson currently has the bid for Type II Asphalt Concrete. 3. Recommendation and Funding It is recommended that IRC #252 be awarded to Dickerson, Inc. Funds budgeted for FY85-86 in Account #111-214-541-35.39. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously awarded IRC Annual Bid #252 to the overall low bidder, Dickerson, Inc., Stuart, Florida for Type II asphalt concrete per the following bid tabulation. BOARD OF COUNTY COMMISSIONERS 1840 25th Street Vero Beach, Florida 32960 BID TABULATION �� •,�� Q U ai stry Cj 'Cr 40 •��`` ,� �'° Q • ' 40 y4 F Q, .,� w .07 U a" m a 4 A U forTYPE 3 cop C? 3 vo 4 �o BID NO. IRC BID #252 DATE OF OPENING Aug. 27, 1985 BID TITLE I I ASPHALT CONCRETE ITEM NO. DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UN 1. TYPE II ASPHALT CONCRETE SURFACE COURSE MATERIAL NB NB Delivered F.O.B. V.Bch in various quantities & at various Times as needed. Est. 500/T 30 00 58 00 28 75 30 40 in FOB 20T Ft. Pierce 2. Hauling & spreading by -an approved mehcanical spreader 29 00 & furnish TYPE II ASPHALT CONCRET7 Picked U SURFACE COURSE MATERIAL, all in Rockle ge accordance with F1 State Dept. Specifications Est. 5000/17 41 25 •NB 42 90 40 75 17 BOOK L,� F;,U,E . SES 1 1985 BOOK ��L.v` K. IRC Bid #253 Straight Sand Cement Endwalls (Annual Bid) The Board reviewed the following memo dated 9/3/85: TO: Board of County Commissioners DATE: Sept. 3, 1985 FILE: THRU: Michael Wright SUBJECT: IRC BID #253 -Straight Sand - County Administrator Cement Endwalls (Annual Bid) FROM: REFERENCES: Carolyn Vodrich, Manager Purchasing Department 1. Description and Conditions Bids were received August 27, 1985 at 11:00 A.M. for IRC #253 - Straight Sand -Cement Endwalls for the Road & Bridge Department. 5 Bid Proposals were sent out, 1 Bid was received. 2. Alternatives and Analysis The only bid was submitted by Davis Construction, Vero Beach, F1. The bid -prices are the same as the current bid. 3. Recommendation and Funding item. It is recommended that IRC #253 be awarded to the only bidder, Davis Construction. Funds are budgeted for FY85-86 in Account #111-214-541-35.39. Commissioner Bird asked why we only received one bid on this Administrator Wright advised that staff feels comfortable with the bid received, but he would find out the reason. Commissioner Wodtke noted that most of the bids that came in this year were lower than last year's rates and wondered if we should consider going to a 6 -month bid instead of an annual bid to take advantage of a drop in prices during the year. Administrator Wright felt that would be a gamble as prices might rise instead. Commissioner Wodtke noted that in some cases there was a clause inserted that the firm could raise their unit prices, and 18 � � r Administrator Wright advised that in some cases we have to bid it that way. Commissioner Bird asked how the bid for cement endwalls compared to last years, and Administrator Wright stated it was the same. ON MOTION by Commissioner Bird, SECONDED by Commissioner Bowman, the Board unanimously awarded IRC Annual Bid #253 to the only bidder, Davis Construction of Vero Beach, Florida for straight sand cement endwalls per the following bid tabulation. BOARD OF COUNTY COMMISSIONERS 1840 25th Street Vero Beach, Florida 32960 BID TABULATION ° �-k °may 0`� �° J BID NO. IRC BID #253 DATE OF OPENING Au 27 1985 BID TITLE STRAIGHT SAND -CEMENT ENDWALLS ITEM DESCRIPTION NO. UNIT PRICE UN17 PRICE UNIT 1. 9' x 21' Straight Endwall Double Wall/Double Footer Each 2590 00 2. 9' x 21' Straight Endwall Single Wall/Double Footer Each , 8' x 2 Straight Endwall, Double Wall/Double Footer Each 2415 00 _ 4. 8' x 21' Straight Endwall Single Wall/Double Footer Each 1820 00 5. ' t End all, Double Wall Double Footer Each 524 00 6. ' ll Single Wall/Double Footer Each 420 00 7. 5' x 7' Straight Endwall Double Wall/Double Footer Each 595 00 8. 5' x 7' Straight Endwall Single Wall/Double Footer Each 455 00 19 BOOK f'�Gr �e,�j .._ - _.. _ S E P 18 1985 BOOK Ve ,, L. IRC Bid _#254- Asphalt Coated Corregated and Aluminum Metal Pipe (Annual Bid) The Board reviewed the following memo dated 9/3/85: TO: Board of County Commissioners DATE: Sept. 3, 1985 FILE: THRU: Michael Wright SUBJECT: IRC BID #254 -Asphalt Coated County Administrator Corregated and Aluminum Metal Pipe (Annual Bid) FROM: REFERENCES: CarolynragDelpartment ich, Manager Purchasi - 1. Description and Conditions Bids were received August 27, 1985 at 11:00 AM for IRC #254 - Asphalt Coated Corregated and Aluminum Metal Pipe for the Road & Bridge Department. 8 Bid Proposals were sent out, 3 Bids were received. 2. Alternatives and Analysis -The overall low bidder is Coastal Corregated Pipe, Vero BeachF1. The bid prices are substantially lower than last years bid. , 3. Recommendation and Funding It is recommended that IRC #254 be awarded to the low bidder, Coastal Corregated Pipe. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously awarded IRC Annual Bid #254 to the overall low bidder, Coastal Corregated Pipe, Vero Beach, Florida, for asphalt coated corregated and aluminum metal pipe per the following bid tabulation. 20 L BOARD OF COUNTY COMMISSIONERS 1840 25th Street a Vero Beach, Florida 32960 V� 4~ a � rot BID TABULATION t'� -/ y4ro vo` BID NO. DATE OF OPENING t c �ro0, �1 IRC BID #254 Aug. 27, 1985. BID TITLE ASPHALT COATED CORREGATED ITEM NO. DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT 1. ASPHALT COATED STEEL CORREGATED UNIT 10 Gauge Per Foot 60" " " PIPE 85 8 1 72" " " 60 49 61 75 51 17 10" - 16 Gau a er NB NB NB 8Gaue 12" is_ at 5 17 5 40 4 94 1 511 It O J1 " itIt 131 11 131 70 80 66 " Itq1 " 7 7. 26 16 rallup 10" " 11 14 9p NB NB 12" to " 1 5 30 4 41 24" ° " 11 91 11 80 11 19 It" -An,, " it 14 62 14.35 1 13 95 11 " It 14 Smicle 701 " " " 12 36 11 60 10 89 15 13 50 12 Gauge I 42" " 26 79 27 40 24 65 8" " " 30 49 31 40 28112 54" " " 34 48 37 50 31 67 10 rallop I BOARD OF COUNTY COMMISSIONERS 2145 -14th Avenue 4 veru oeaan, rionua izaou BID TABULATION BID NO DATE OF OPENING IRC BID #254 Aug. 27 1985 BID TITLE ASPhalt Co?tpd Corregated Aluminum Meta 1 e v�w� t cro ro 4Cj i ro�''v 'o roro ITEM NO. DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE 'UNIT PRICE UNIT 10 Gauge Per Foot 60" " " 50 5551 85 8 1 72" " " 60 49 61 75 51 17 8Gaue " It It " itIt 131 11 131 70 80 66 --LAI IImTNIIm MEIAI PIPE 16 rallup 10" " 11 5 60 NB NB 12" to " 1 5 30 4 41 51 It" 7 45 6 48 14 Smicle " " " 12 36 11 60 10 89 15 13 50 I 21 BOOK FAGE %,e SEP 1.8 1955 BOOK t ri fAU ; BOARD OF COUNTY COMMISSIONERS 1840 25th Street Vero Beach, Florida 32960 . w /1�0 BID TABULATION BID NO. DATE OF OPENING IRC BID IF254 Au 27 1985 BID TITLE Asphalt Coated Corregated �'b ,ate y� a VoQ o=o Metal Pie _&_Aluminum ITEM NO. DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRIC ALUMINUM METAL PIPE Per Foot TO: Board of County Commissioners DATE: Sept. 4, 1985 FILE: 36" - 14 Gauge Sol 18 37 17 05 16 12 i 42" 12 Gouge 29 38 26 95 26 46 48"If It 33 50 30 85 30 18 I 54" 11 11 37 66 36 90 33 90 60" of at 57 37 51 00 48 37 11 of 8 Gauge " 10 103 88 NB 83 78 6" it to118 84 NB 92 33 M. IRC Bid #255_- Guard Rail (Annual Bid) The Board reviewed the following memo dated 9/4/85: TO: Board of County Commissioners DATE: Sept. 4, 1985 FILE: THRU: Michael Wright SUBJECT: IRC BID #255 -Guard Rail County Administrator (Annual Bid) FROM: � REFERENCES: Carolyn Gbbdrich, Manager Purchasing Department - 1. Description and Conditions Bids were received August 27, 1985 at 11:00 AM for IRC #255 - Guard Rail for the Road & Bridge Department. 6 Bid Proposals were sent out. Of the 3 Bid Proposals returned, 1 was a "No Bid". 2. Alternatives and Analysis The low.bid-was submitted by Mike Hunter, Inc., Tampa, F1. - Mike Hunter has the current bid. 3. Recommendation and Funding It is recommended that IRC #255 be awarded to the low bidder, Mike Hunter, Inc. Funds are budgeted in Account #111-214-541-35.39. 22 Administrator Wright noted that he had recommended that the point of destination be stipulated. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously awarded IRC Annual Bid #255 to the low bidder, Mike Hunter, Inc. of Tampa, Florida, for guard rail per the following bid tabulation. BOARD OF COUNTY COMMISSIONERS 1840 25th Street ` Vero Beach,` Florida 32960 BID TABULATION •c, vo ,^o�� ^- " 4 z 'AjQ, �q �Q Q, � a" �^ �F� •c`� ,� a �' (4) BID NO. IRC BID #255 DATE OF OPENING Aug.2 1985 BID TITLE GUARD RAIL ITEM NO. DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT 1. 25_Eo-o-t�.Sec on -Guard Rail- ai1- Steel Galvanized Lineal Ft. - Steel 3 00 4 00 N13- -2. 121 Feet Standard Rail Steel Galv. Lineal Ft 3 00 4 00 NB 3. 1Feet-Anchor-Rail 3 40 5 00 NB 4. 5 Foot Convex Radius Steel Galv. Lineal Ft. 4 65 E 00 Ng 5. 10 Foot Convex Radius Steel Galv. Lineal Ft. 3 95 00 Ng i 6. 15 Foot Convex Steel Galv. 3 95 6 00 NB 23 BOOK SEP 18 1985 SEP 18 1955 BOARD OF COUNTY. COMMISSIONERS 1840 25th Street L Vero Beach, Florida 32960 I BID TABULATION BID NO. IRC BID # 255 DATE OF OPENING Auq- 27 1985 BID TITLE _ GUARD RAIL VO O ITEM NO. _ DESCRIPTION JZ- 7. I Beam Post 6'6" Z' Steel Galv. Each Ly, 1 8. Special End Shoes � Steel Galv. Each 45 UNIT PRICE 9. Buffer End Section Each Steel Galv. C6 Gal v. BOOK Frit'UC rr� c; ,yC h Z VO O �4 JZ- Z' w �w Ly, 1 � 45 UNIT PRICE UNIT PRICE UNIT PRICE UNIT PR C6 UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE 23 75 30 100 NB NB Steel Gal v. I I I I I I I BOARD OF COUNTY COMMISSIONERS 1840 25th Street • Vero Beach; Florida 32960 BID TABULATION I BID NO. DATE OF OPENING IRC BID #255 Aug. 27, 1985 BID TITLE GUARD RAIL ITEM ---..._--..--•-- - -- NO. DESCRIPTION 13. Amber Reflectors for — Guard Rail Each 14. End Anchora q jy e�IV Each NB ti y lox /4�4c'� � o 45 C6 UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE 24 75 00 385100 NB 19 I OC 20 75 NB N. IRC Bid #256 - Ready Mix Concrete (Annual Bid) The Board reviewed the following memo dated 9/4/85: TO: Board of County Commissioners DATE:Sept. 4, 1985 FILE: THRU: Michael Wright SUBJECT: IRC BID #256 -Ready Mix County Administrator Concrete (Annual Bid) FROM: REFERENCES. Carolyn oodrich, Manager Purchasing Department 1. Description and Conditions Bids were received August 27, 1985.at 11:00 AM for IRC #256 - Ready Mix Concrete for.the Road & Bridge Department. 5 Bids were sent out, 3 Bids were received. 2. Alternatives and Analysis The low bid was submitted by Russell Concrete, Vero Beach, F1. - The bid prices are the same as last years bid. 'Russell Concrete has the current bid. 3. Recommendation and Funding It is recommended that IRC #256 be awarded to the low bidder, Russell Concrete. Funds are budgeted for FY85-86 in Account #111-214-541-35.33. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously awarded IRC Annual Bid #256 to the low bidder, Russell Concrete, Vero Beach, Florida, for ready mix concrete per the following bid tabulation. 25 6 0: BOOK, BOOK L, F Gc BOARD OF COUNTY COMMISSIONERS 1840 25th Street Vero Beach, Florida 32960 Z Q BID TABULATION Vo " , v, 4� BID NO. DATE OF OPENING IRC BID #256 Aug. 27, 1985 V ��°' -S. BID TITLE READY MIX CONCRETE fix; ITEM DESCRIPTION NO. UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE 1. Ready -Mix Concrete 2,500psi Pyr Yd 40 00 39 50 38 70 2. Ready -Mix Concrete_ 3 OOOpsi Per Yd 41 50 41 00 40 115 3. Ready-Mi.x-Cmcxate 4MO.p_si_ Yd 44 00 .-A3 _25. 4. Quantity Purchase -without Minimum Load Charge Per Yd 5 vils 51 5 yJs an Mindmu Charge Per Yd 50 50 00 10 00 per yd Under Under 0. IRC Bid #257 - Road Rock (Annual Bid) The Board reviewed the following memo dated 9/4/85: TO: Board of County Commissioners DATE: Sept. 4, 1985 FILE: THRU: Michael Wright SUBJECT: IRC BID #257 -Road Rock County Administrator (Annual Bid) FROM:-,� REFERENCES: Carolyn odrich, Manager Purchasi g Department 1. Description and Conditions Bids were received August 27, 1985 at 11:00 A.M. for IRC#257- Road Rock for the Road & Bridge Department. 6 Bid Proposals were sent out. Of the 5 Bids received 1 was a "No Bid". 26 2. Alternatives and Analysis The low bid for Item #1 -Road Rock delivered to the County, was submitted by Global Paving, Vero Beach, F1. Although Global Paving was not low bidder on Item #2 -Road Rock picked up by the County, the cost of picking up in Lake Wales or Ft. Pierce would outweigh the difference per ton. 3. Recommendation and Funding It is recommended that IRC #257 be awarded to the overall low bidder, Global Paving, Vero Beach, Fl. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously awarded IRC Annual Bid #257 to the overall low bidder, Global Paving, Vero Beach, Florida for road rock per the following bid tabulation. BOARD OF COUNTY COMMISSIONERS/Pe) `� 1840 25th Street Vero Beach; Florida 32960 A Cl BID TABULATION Q1 Az - y BID NO. DATE, OF OPENING3 o.,IRC BID #257 Au . 27 1985o v o c� Ja, o h� 0BID TITLE ROAD ROCK (Olito or Naranga ITEM DESCRIPTION NO. UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE .UNIT PRICE UNIT P I. App roximatelY 150_Tons of Pit Run, Miami -0 -lite, Coquina, Ocala orarange I TvoeRoad-j1osk - _ Delivered to County Per Ton 12 50 NB 8 60 6 501 10 75 2. Picked up byth n 3 50 NB 4 25 5 00 NB � SEP 18 1985 27 r.e� BOOK PA'a SEP 18 1985 BOOK L cer _ P. IRC Bid #258 - Soil Cement Base &_Limerock Base (Annual Bid) The Board reviewed the following memo dated 9/4/85: TO: Board of County Commissioners DATE: Sept. 4, 1985 FILE: THRU: Michael Wright County Administrator FROM: Laroiyn Purchasi n, manager rtment SUBJECT: IRC BID #258 -Soil Cement Base & Limerock Base (Annual Bid) NCES: 1. Description and Conditions Bids were received August 27, 1985 at 11:00 A.M. for IRC #258 - Soil Cement Base & Limerock Base for the Road & Bridge Department. 3 Bid Proposals were sent out,_3 Bids were received. 2. Alternatives and Analysis The low bid for Item #1 - Soil Cement Base was submitted by Pan American Engineering, Vero Beach, F1. .The bid is slightly lower than last years bid. The low bid for Item #2-Limerock Base was submitted by Global Paving, Vero Beach, F1. This bid is also lower than last years bid. 3. Recommendation and Funding It is recommended that Item #1 of IRC #258 be awarded to the low bidder Pan American Engineer g and Item #2 be awarded to the - low bidder, Global Paving. Funds are budgeted for FY85-86 in Account #111-214-541-35.39. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously awarded Item #1 of IRC Annual Bid #258 to the low bidder, Pan American Engineering, Vero Beach. Florida, for soil cement base, and awarded Item #2 to the low bidder, Global Paving, Vero Beach, Florida, for limerock base, per the following bid tabulation. 28 BOARD OF COUNTY COMMISSIONERS 1840 25th Street Vero Beach, Florida 32960 BID TABULATION BID NO. DATE OF OPENING IRC BID #258 Aug. 27, 1985 BID TITLE SOIL CEMENT BASE & LIM_EROCK BASE ITEM NO. DESCRIPTION --- ! 1. Construction of Soil Cement _ I Base Sq1 . Yd. 2. Limerock Base -__-_ S Yd_ UNIT PRICEI UNIT PRICEI UNIT PRICEI UNIT 2 145 5150 Q. IRC Bid #259 - Fire Extinguisher Inspection _& Servicing (Annual Bid) The Board reviewed the following memo dated 9/4/85: • County Commissioners ��'�� 'tip '0' � ' Ci Aw �� qj cam, � 4�0 UNIT PRICEI UNIT PRICEI UNIT PRICEI UNIT 2 145 5150 Q. IRC Bid #259 - Fire Extinguisher Inspection _& Servicing (Annual Bid) The Board reviewed the following memo dated 9/4/85: TO: Board of County Commissioners DATE:Sept. 4, 1985 FILE: THRU: Michael Wright County Administrator FROM: At�� Carolyn G drich, Manager Purchasin Department SUBJECT: IRC BID #259 -Fire Extinguisher Inspection & Servicing (Annual Bid) RENCES: 1. Description and Conditions Bids were received August 27, 1985 at 11:00 A.M. for IRC #259 - Fire Extinquisher Inspection and Servicing. 3 Bid Proposals were sent out,_3 Bids were received. 2. Alternatives and Analysis 4 Most of the County's fire extinguishers are Dry Chemical, or. Cot. The overall low bidder is Vero Beach Fire Equipment, ' Ft. Pierce, F1. Vero Beach Fire.Equipment has the current bid. 29 SEP 18 1995 aoa � Fac J r SEP 1 8 1995 BOOK Pt,Gc. 3. Recommendation and Funding It is recommended that IRC #259 be awarded to Vero Beach Fire Equipment. Funds budgeted for FY85-86 in Account #001-220=519-33.49. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously awarded IRC Annual Bid #259 to the overall low bidder, Vero Beach Fire Equipment, for fire extinguisher inspection and servicing, per the following bid tabulation. BOARD OF COUNTY COMMISSIONERS :. 1840 25th Street Vero Beach, Florida 32960 BID TABULATION 0Z)! a► �¢,`°�v c ^ k ..4 o y^ 4 { J¢, BID NO. IRC BID #259 DATE OF OPENING Aug. 27, 1985 SID TITLE �EMLEXIMUMER—MSPECTIJQIA-SER TCI ITEM NO. DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE 1. Annual._InspQr-tion-A-I Wing of all Fire Ext. Each 2 00 1 85 1 00 Recharge Reg. Dry Chem. Ext. 2. 21 Pnund — _ 3. 5 Pound _ " M. 00 0 3 5 75 75 4. 10 Poundi6 9 ._`_ _0 . 5. 20 Pound " Recharge Purple K or ABC Chem.Ext. 6. 21 Pniind 90 5 00 3 75 "—s 6 00 5 75 8. 10 Pound 10 00 10 50 8 00 9. 0 Pound 11 00 10 00 Recharge Co2 Ext. 10. 21 Pound 1 50 3 7E 3 5 11. 3 Pound thru 5 Pound 5 0 5 5C 71 oq 5 7 1 1 1 -F I I F 30 i �I BOARD OF COUNTY COMMISSIONERS 1840 25th Street 1 o. Vero Beach, Florida 32960 o w 6 BID TABULATION ;^j �111:y �� pct► BID NO DATE OF OPENING DATE BID #259 Au 27 1985 oto , ~ BID TITLE FIRE INSPECTION & SERVICING _ _Ext. ITEMDESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PAIC i_NO. 13. 11 Pound thru 15 Pound _ Each 6 50 8 r 14. 16 Pound thru 20 -Pound- 7 9 75 -M Hydro Test Co2 Ext 156 _.2. Pound - Each .00 00 16. 3 Pound thr.u-5_PD-und- " 1 ,Qmd thtu-1Q Pound _ 5 00 4 —6- -19, 11 Pound thr AO —E 0 19, 16 and thru 2n Pniind of 5 00 00 NB 50 2 21, Hydro Test Pressure Water Fxt. 1 50 5 50 2 0 22. Rechar a 2j Gallon Foam Ext. 23, Hydro Tp -;t 21 Fnam Ext- 1 NR 50 N11 N1 6 9 00 -Gallon R. IRC Bid #260 - Typewriter Maintenance Contract (Annual Bid) The Board reviewed the following memo dated 9/4/85: TO: Board of County Commissioners DATE: Sept, 4, 1985 FILE: THRU: Michael Wright SUBJECT: IRC BID #260 -Typewriter County Administrator Maintenance Contract (Annual Bid) FROM: �� REFERENCES: Carolyn ,odrich, Manager Purchasi g Department 1. Description and Conditions Bids were received August 27, 1985 at 11:00 A.M. for IRC #260 - Typewriter Maintenance Contract for maintenance of all typewriters under the Board of County Commissioners and the Clerks office. 6 Bid Proposals were sent out, 5 Bids were received. 31 BOOK; P�Gc SEP 18 1985 BOOK L2 F'' U -F ., _` 2. Alternatives and Analysis The low bidder based on total cost, is Business Machine Service, Okeechobee, Fl. Business Machine Service has recently opened an office in Port St. Lucie. 3. Recommendation and Funding It is recommended that IRC #260 be awarded to Business Machine Service Company. Funds are budgeted by each department under Maintenance of Office Equipment. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously awarded IRC Annual Bid #260 to the low bidder, Business Machine Service Company, Port St. Lucie, Florida, for typewriter maintenance contract, per the following bid tabulation. BOARD OF COUNTY COMMISSIONERS 1840 25th Street Vero Beach, Florida 32960 BID TABULATION BID NO. DATE OF OPENING IRC BID #260 Aug. 27, 1985 BIDTLE MAINTENANCE CONTRACT F ,.: tir i r 0 �C�� 40 c `� y �m y .g `�' L y CC .SQ, VC yy.g0+� .v+ F { F�}4 ao y o?a Q' u NEM NO. DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRP 1. Electric Typewriter Each �3500 37 50 40 00 47 50 45 00 _ _ 2. Electronics ep writer _ Each 6500 1 125 00 125 00 69 00— 65 1 00 188 00 3. Systel II Each 250 001 250 00 2751 001 215 00 68 00 4. Time required for service technician to provide service after receivin Max, call. 8/h s Total - BCC 3095 00 4075 00 4255 Ot 3950 100 2687 00 Total - Clerk 1275 00 1587 50 1660 OC 1786 150 1565 fOO 370 001 5662 50 5915 OC 5736 50 4252 00 32 S. IRC Bid #261 - Request to Dedicate Funds in Lieu of Public Access Easement - Shorelands West Subdivision The Board reviewed the following memo dated 9/4/85: TO: The Honorable Members DATE: September 9, 1985 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: REQUEST TO DEDICATE SUBJECT: FUNDS IN LIEU OF PUBLIC Robert M. K a gCP ACCESS EASEMENT FOR Planning & Develo, ent Director SHORELANDS WEST .SUBDIVISION FROM: Stan Boling .�15, REFERENCES: 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 September 18, 1985. DESCRIPTION AND CONDITIONS: Shorelands West is a proposed 13 lot subdivision of ±9.43 acres, located on the west side of S.R. A -1-A across from the Smuggler's Cove subdivision. Because the subject property has 1,000 feet of generalized river shoreline, section 10(r) of the subdivision ordinance requires the dedication and improvement of a 25' public access easement connecting S.R. A -1-A to the river. The Board may waive this requirement in lieu of a dedication of the fair market value of such an easement. At theirregular meeting of August 22, 1985, the Planning and Zoning Commission granted conditional preliminary plat approval to Shorelands West Subdivision. The condition stated that prior to the issuance of a land development permit, the developer must obtain approval from the Board of County Commissioners to dedicate the fair market value of a public access easement in lieu of an actual easement dedication. The owner, Shoreland Development, Inc., Roger Wheelwright, president, is now requesting Board approval to accept a $1,000.00 dedication to the park development fund at the time of final plat approval to satisfy the water access requirement stated in section 10(r) of the subdivision ordinance. ALTERNATIVES AND ANALYSIS: The Attorney's Office has verified that the owner could satisfy the access easement requirement by dedicating an easement over Tract "A" (see attachments #3 and #4) . The actual area of the easement could be as small as 25' X 201, if located in that portion of Tract "A" nearest S.R. A -1-A. Staff has determined that such an easement would be too small to reasonably accommodate traffic or contribute any significant public recreation opportunities. 33 SEP 18 1995''-1 BOOK L�,, �'��Gr �..� �► • 60 BOOK ke " �L In lieu of dedicating such an easement, Mr. Wheelwright has agreed to dedicate $1,000.00 to the park development fund at the time of final plat approval. The Property Appraiser's Office has stated that $1,000.00 represents the fair market value of a 25' easement across Tract "A" (see attachment #5). RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the offer to dedicate $1,000.00 to the park development fund at the time of final plat approval for Shorelands West subdivision, -in-lieu-of requiring the dedication of a public access easement. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously approved the offer to dedicate $1,000 to the Park Development fund at the time of final plat approval for Shoreland West Subdivision, in lieu of requiring the dedication of a public access easement. DISPOSAL OF REMAINING SHOUP 2.5 VOTING MACHINES Ann Robinson, Supervisor of Elections, presented the following memo: /�RIVER.-.n� moo: '•yam, • :� G � Co.. • • � 7 •• , db �h•' !'�S�R OF'E��. �- ANN ROBINSON SUPERVISOR OF ELECTIONS 1840 25TH STREET, SUITE N-109 VERO BEACH, FLORIDA 32960-3394 TELEPHONES: (305) 567-8187 or 567-8000 September 11, 1985 --w�R� Board of County Commissioners RE: Discussion of surplus voting Indian River County machines & money from the sale for BCC agenda on 9-18-85 I request the following: 1. Discussion and guidance from BCC regarding the disposal of the remaining Shoup 2.5 voting machines We have sold 90 of the 144 machines. We must keep 22 of them to be able to hold the city elections in February and March of 1986 unless you plan to hold a county -wide referendum.on March 13, 1986, in which case we would use the new voting equipment and only need to keep 6 machines for the city elections in February, 1986. Harris County, TR has 1400 Shoup 2.5s for sale, Jefferson County, FL has 24 for sale, and Tom Foss said that Polk County is considering buying new equipment (Polk County has about 400 Shoup 2.5s.). We were lucky to sell 90 machines, and I doubt if we can sell -any•more. My recommendation would be to dispose of the remaining surplus voting machines in order as indicated until they are gone: 34 A. Offer 1 machine to the IRC Historical Society B. Offer them to the three counties in Florida using paper ballots C. Offer them to the other counties in Florida using Shoup 2.5s D. Sell them for junk if there is a market E. Give them to the Ft. Pierce Sportfishing Club for their reef 2. Approval from the BCC to use the money from the sale of the voting machines and parts during fiscal year 1985-86 as follows: A. $2500 to Other Professional Services(001-700-519-33.19) to pay Tom Foss, Data Processing Consultant, through the the signing of the contract for the new voting equipment. (Memo from the County Attorney is attached.) B. $6906.84 to New Equipment Account(001-700-519-66.41) to buy a back-up used card reader and a back-up microcomputer for counting ballots in elections The money received from the sale of the machines and parts is from the counties as listed: Charlotte County, paid for 20 machines $2000.00 Okeechobee County, paid for 10 machines and parts 1078.07 Martin County, paid for 25 machines 2500.00 Lake County, picked up 15 machines and parts 1828.77 Okaloosa County, picked up 20 machines .2.000.00 $9406.84 Thank you for your consideration. Ann Robinson, Supervisor of Elections ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved the recommendations of the Supervisor of Elections as set out in the above memo. PUBLIC HEARING - VERO PRODUCERS, INC. REQUEST TO REZONE 20 ACRES FROM COMMERCIAL DISTRICT AND AGRICULTURAL DISTRICT TO A-1, AGRICULTURAL DISTRICT The hour of 9:10 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to wit: 09 BOOK �. F'�;ue �L .6 e VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being in the lished in said newspaper in the issues Court, was pub- IfX5- 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 bore r this day of 19 sd Manager) (SEAL) (Clerk of the Circuit Court, Indian River County, Florida) r;') e, )T ,I BOOK FADE -�"�''• ° . NOTICE — PUBLIC HEARING Notice of hearing to consider the adoption of aCounty ordinance rezoning land from: C-1,. Commercial District, and A. Agricultural District to A-1, Agricultural DistricL The subject prop" is presently owned by Vero Producers, Inc.,.and is located on the south side of Oslo Road (9th Street S.W.);-'and east of 74th Avenue' (Range' Line Road), SUBJECT PROPERTY` 16 DE-" SCRIBED AS: THE WEST Y2 OF TRACT 4, SECTION 30;' TOWNSHIP 33' SOUTH, 'RANGE 39" EAST, ACCORDING TO THE LAST GEN ERAL PLAT OF LANDS OF INDIAN;.: RIVER FARMS COMPANY FILED IN THE OFFICE OF THE CLERK OF THE CIR- CUIT COURT OF .ST. LUCIE COUNTY, . FLORIDA IN PLAT BOOK 2 AT PAGE 2I{E, COUNTY. FLPUBLIC - ORIDA: AID LAND NOW" T` LYING AND BEING IN INDIAN RIVER -: COUNTY FLORIDA:�,r r a„ 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, Sep- tember 1$,1985 at 9:10 am. • 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- ` msrreecord of the pronceeeedingto s Isure thatmade, whichba- In- cludes testimony and evidence upon which the appeal is based. Indian River County .'. Jad';; Board of,Countym Comissioners By:-s-PaMck B. Lyons.:-' a�rt(Y'iq.: :; Chairman s dr Aug. 28, Sept 10,1985 The Board reviewed the following memo dated 8/12/85: TO: The Honorable Members DATE: August 12, 1985 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: SUBJECT: Robert M. Keatfnlft, WP Planning & DevelopmArfit Director VERO PRODUCERS, INC. REQUEST TO REZONE 20 ACRES FROM C-1, COMMERCIAL DISTRICT, AND A, AGRICULTURAL DISTRICT, TO A-1, AGRICULTURAL DISTRICT FROM��Cnard shearer, AICP REFERENCES: Chief, Long -Range Planning ZC-148 BCC Memo RICH2 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of September 18, 1985. 36 =_ t M M r DESCRIPTION & CONDITIONS Carter Associates, an agent for Vero Producers, Inc., the owner, is requesting to rezone 20 acres located south of Oslo Road and east of 74th Avenue from A, Agricultural District, and C-1, Commercial District, to A-1, Agricultural District. The owner plans to build a fruit packing house on this property. On August 8, 1985, the Planning and Zoning Commission voted 4 -to -0 to recommend approval of this request. ALTERNATIVES & ANALYSIS In this section, an analysis of the reasonableness of the application will be presented. The analysis will include a description of the current and future land uses of the site and surrounding areas, potential impacts on the transportation and utility systems, and any significant adverse impacts on environmental quality. Existing Land Use Pattern The subject property is undeveloped. North of the subject property is a feed store zoned A. East of the subject property is pasture land and citrus groves zoned A. South of the subject property is pasture land zoned A. West of the subject property is the Ocean Spray fruit processing plant and the Hercules fruit pectin plant zoned M-1, Restricted Industrial District. Future Land Use Pattern The Comprehensive Plan generally designates the subject property and the land around it as AG, Agricultural. However, the north 600 feet of the subject property and the land west of the subject property have been proposed for inclusion in the 230 acre commercial/ industrial node located southwest of the intersection of 74th Avenue and Oslo Road. The proposed rezoning to A-1 is in conformance with the AG land use designation and would allow agriculturally -related uses consistent with the agriculturally -related industrial uses to the west. Transportation System The subject property has direct access to Oslo Road (classified as an arterial street on the Thoroughfare Plan) and to 74th Avenue (classified as a secondary collector street). The maximum development of the subject property for a fruit packing house could attract up to 1,048 average annual daily trips. Environment The subject property is not designated as environmentally sensitive. The subject property is in a C flood zone indicating areas outside of the 500 year flood plain. Utilities The subject property is not served by County water nor wastewater facilities. RECOMMENDATION Based on the above analysis, including the Planning and Zoning Commission's recommendation, staff recommends approval. 37 � �� &- I BOOK Lko PACE�� Planning & Development Director Robert Keating explained that this request is to rezone a 28 -acre parcel from two zoning districts to the new A-1, Agricultural District. The owners intend to build a packing house on this property, which is an agricultural related business, and want to get all their property in the same zoning before they proceed with the site plan. He believed that staff may have been a little over eager on this because the owners indicated that they are planning on relocating a packing house which is presently on south U. S. #1 which will relieve a significant traffic problem. Chairman Lyons opened the Public Hearing and asked if anyone wished to be heard in this matter. Dave Rever of Carter Associates confirmed that the relocation of the packing house to the north part of the County will ease the tremendous traffic hazard on U.S. #1. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously closed the Public Hearing. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously adopted Ordinance 85-77, rezoning 20 acres from C-1, Commercial District, and A, Agricultural District to A-1, Agricultural District, as requested by Vero Producers, Inc. 38 e ORDINANCE NO. 85-77 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 WEST 1/2 OF TRACT 4, SECTION 30, TOWNSHIP 33 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF INDIAN RIVER FARMS COMPANY FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA IN PLAT BOOK 2 AT PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. Be changed from A, Agricultural District, and C-1, Commercial District, to A-1, Agricultural District. All with the meaning and intent and as set forth and described in said Zoning Regulations. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this 18 day of September 1985. BOARD OF COUNTY.COMMISSIONERS OF/ IAN RIVER COUNTY ATRICK B.. ON Chairman •• Acknowledgment by the Department of State of the State of Florida this 23rd day of September , 1985. Effective Date: Acknowledgment from the Department of State received on this 26th day of September 1985, at 11:0'0•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. BRUCE BARKETT, Assistant County Attorney 39 S E P 18 1985BOOKFF uC¢� ;, SEP' 1 8 1995 BOOK U2 Ff7ut "Ca,= TREE REMOVAL/LAND CLEARING VIOLATION - LEWIS P. WOOD AND V. F. THORNTON The Board reviewed the following memo dated 8/26/85: TO: The Honorable Members DATE: August 26, 1985 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: TREE REMOVAL/LAND CLEARING SUBJECT: VIOLATION: MR. LEWIS P. WOOD & MR. V. F. THORNTON LC -8-85-37 Robert M: Keatihg, A9CP Planning & Development Director FROM: 1� REFERENCES: Art Challacombe Wood/Thornton Chief, Environmental Planning DIS:ARTCHA It is requested that the data presented herein be given formal consideration by the Board of County Commissioners at their regular meeting on September 18, 1985. DESCRIPTION & CONDITIONS: - On August 6, 1985, County personnel observed that parcel number 24-33-39-000011-0002-00019.0 having a legal description of: Lot 19, Block B, Oslo Park, according to the plat recorded in Plat Book 3, page 96 of the Public Records of Indian River County, Florida, r had been cleared and five South Florida Slash Pine Trees removed prior to the issuance of tree removal and landclearing permits. The property is currently owned by Mr. Andrew Ekonomou; however, at the time that the tree removal took place the property was owned by Mr. Lewis P. Wood and cleared by Mr. V. F. Thornton. ALTERNATIVES & ANALYSIS: Section 231-6(a) & (b), Tree Protection, of the Code of Laws and Ordinances of Indian River County, Florida prohibits the performance of any tree removal, landclearing or grubbing unless tree removal and landclearing permits have first been issued by the County. The ordinance further specifies that a violation of these provisions shall be punishable upon conviction by a fine not to exceed five hundred dollars ($500) per tree and land clearing activity or by imprisonment in the County jail for up to sixty (60) days, or both. On August 7, 1985, staff requested that Mr. Wood & Mr. Thornton submit a voluntary payment of a $3,000.00 fine and obtain "after -the -fact" permits. Mr. Wood & Mr. Thornton both stated that they felt the fine was excessive and that they would not voluntarily comply with staff's request. STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners grant staff the authority to pursue available remedies in County court. 40 r ® � Art Challacombe, Chief of Environmental Planning, explained that staff counted 5 trees standing on an aerial photograph taken in 1975, but on an aerial photograph taken in 1984, it is very difficult to confirm that more than 3 trees were standing. This would drop the violation fine down to $2,000 from the original $3,000 fine. He noted that it is up to the Board to decide which of the aerial photographs to use in determining the fine. Commissioner Bird asked if the present owner would have been able to obtain permits to remove these trees under our present ordinance, and Mr. Challacombe stated that he would not, not without a site plan. In addition, he noted that two trees would have been preserved at the time of site plan review. Planning & Development Director Robert Keating advised that staff is looking more and more at the site plans as the feedback they have received from the Board is that the tree protection ordinance is not tough enough. Chairman Lyons opened the Public Hearing and asked if anyone wished to be heard in this matter. Randy Thornton, son of V. F. Thornton, quoted a paragraph under Section 20 of the Tree Protection Ordinance: "Any project which has received final site plan or subdivision approval prior to the effective date of this ordinance shall be considered exempt from its requirements with the exception of the mangrove alteration or removal provisions, which shall apply prospectively to all such activity beginning on the effective date hereof." Mr. Thornton believed that since this property was subdivided prior to the adoption of the ordinance, no land clearing permit was required -- at least that's how he understood the wording of the ordinance. County Attorney Charles Vitunac asked if this was something that was vested before the ordinance took effect, and Mr. Challacombe stated that no site plan had been submitted; Oslo Park has been subdivided, but it is commercial property. 41 BOOK L,�, f'A�c SEP 18 1955 BOOK,��' Mr. Thornton pointed out that it says "subdivided", and he believed that if you divide it into 50 ft. lots, it is subdivided. Director Keating felt that the disclaimer in the ordinance reflected any active subdivision which had received preliminary plan approval and which had not come in yet to clear the right- of-way. However, a tree removal permit would still be required for non-residential lots and also for residential lots of one acre or more. Attorney Vitunac suggested that this item be recessed until he had an opportunity to meet with Mr. Thornton re his inter- pretation of the definitions under the tree ordinance. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously recessed this matter until later in this meeting. PUBLIC HEARING - APPEAL OF SITE PLAN DENIAL - BILL LAW 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: 42 VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a in the matter of in the Q ¢Court, was pub- lished in said newspaper in the issues of O G 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 beforemet is ay o 19 in /�� _ 4 (Clerk of the Circuit Court, Indian River C nty, Florida) (SEAL)' NOTICE OF PUBLIC HEARING REGARDING APPEAL OF SITE PLAN APPROVAL On May 9, 1985,. the Planning and Zoning Commission of Indian River County, Florida, sit- ting as the local planning agency, denied the site P lan application submitted by Mr. Bill Law to construct a contractor's warehouse facility at 5875 U.S. Highway #1, Vero Beach, Florida. .- The Indian River County Board of County Commissioners'will conduct a public hearing re- garding the appeal by Mr. Bill Law -of the deci- sion by the Planning and Zoning Commission to deny the site plan. The public hearing, at which Parties in interest and citizens shall have an op- portunityto be heard, will. be held,by said Board of County Commissionard In the: unty Com- mission Chambers of the County Administration Building located at 1840 25th Street, Vero Beach,' Florida, on Wednesday, September 18,. 1985, at 9:30 a.m.- If any person decides to appeal "any decision made on the above matter, he 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 Board of County Commissioners ~ By. -s -Patrick B. Lyons, Chairman, Y t •., Aug. 28, Sept.. 10, 1985 The Board reviewed the following memo dated 8/22/85: TO: The Honorable Members of the Board of County Commissioners DATE: August 22, 1985 FILE: DIVISION HEAD CONCURRENCE: - SUBJECT: BILL LAW'S APPEAL OF SITE PLAN DENIAL Robert M. Kea.7t1ng,0TICP Planning & Development Division, Director FROM Karen M. Craver ,`' REFERENCES: Staff Planner It is recommended that the following information be given formal consideration by the Board of County Commissioners at their regular business meeting on September 18, 1985. 43 BOOK P� SEP 18 1985 Gc .�I DESCRIPTION AND CONDITIONS BOOK In November of 1984, the Planning and Zoning Commission ap- proved, with a condition, the site plan application submitted by Mr. Bill Law to construct a 3,200 square foot contractor's warehouse facility. The project site is an acre of land lying between U.S. Highway 1 and Old Dixie Highway, immediately south of White Aluminum Products in Winter Beach. The application was approved with the condition that the site plan be amended to depict access from Old Dixie Highway only. Subsequently, a revised site plan application was submitted that depicted the western portion of the property, which fronts on Old Dixie Highway, as land excluded from the project site. Furthermore, Mr. Law submitted a revised warranty deed which conveyed the western portion of the original parcel to Econoway, Inc., a Florida Corporation. The conveyance was intended to represent that Mr. Law no longer has title to the subject property. However, a check with the Secretary of State, Divi- sion of Corporate Records reveals that the directors and offi- cers of Econoway, Inc. are as follows: President - B.C. Law Director - Wanda Law Vice President - Charles Phillips s Based on this information, it was determined that Mr. Law still maintains control over the entire project site and that con- nection to Old Dixie Highway has not been precluded by the title transfer. Therefore, on May 9, 1985, the Planning and Zoning Commission denied the site plan application to construct 'a 3,200 sq. ft. contractor's warehouse facility at 5875 U. S. Highway 1. It is the denial of this site plan application that Mr. Law is appealing. ANALYSIS A single point, of access to the project has been proposed via the U. S. Highway 1 frontage. However, due to the fact that the subject property also fronts on Old Dixie Highway, the Director of Public Works recommended that access to the facility be limited to this secondary collector. The basis for this rec- ommendation is a policy set forth by the Comprehensive Plan, which states: Marginal access roads should be provided as part of developments located along arterial and primary collectors. Points of access to marginal access roads should be spaced at approximate quarter mile intervals. The Functional Road Classification Summary found on page 80 of the Comprehensive Plan, clearly states that access to U.S. Highway #1 should be well controlled and limited to collector roadways and major traffic generators. Specifically, access to industrial type land uses would be limited to regional indus- trial parks or complexes. The proposed development does not fall within this category as it is anticipated that the project will attract approximately 16 trips per day. 44 Mt L� In accordance with the Transportation Plan, Old Dixie Highway serves as the access road for those properties lying between U.S. Highway 1 and Old Dixie Highway. The purpose of this is to limit the number of curb cuts on U.S. Highway #1, while providing a means of adequate access to individual parcels of property via Old Dixie Highway. The implementation of this policy will contribute towards the maintenance of an adequate level of service on the major north/south roadway through the County. It is the position of the Public Works Department and the Planning and Development Division that it is crucial that the policies established by the Comprehensive Plan be maintained. Should access to U.S. Highway 1 be permitted, it is staff's opinion that a precedent would be set, and it would be difficult if not impossible to limit access to the arterial in the future. RECOMMENDATION: The Planning staff recommends that the action of the Planning and Zoning Commission be upheld and that the appeal be denied. Margaret Mann, Attorney representing Bill Law, emphasized that the site plan was turned down primarily because of an access dispute. The Planning Department took the position that Mr. Law must utilize the secondary road, Old Dixie. However, the site plan that is being appealed today does not even front on Old Dixie, the frontage is only on U.S. #1. The Planning Department has said that since the back parcel is owned by a corporation of which Mr. Law happens to be the President, he has control of the ownership. Legally, that is incorrect, because in order to have control of a corporation you have to be a major stockholder of that corporation, not just an officer. Attorney Mann stated that Mr. Law is not the majority stockholder in that corporation; he does nothave control of that corporation; and he does not have control of that back parcel. She believed the issue is not relevant to the site plan which Mr. Law has submitted for development of the parcel fronting on U.S. #1, and urged the Board to reverse the decision of the Planning & Zoning Commission and grant the site plan as submitted. Assistant County Attorney Bruce Barkett reported that the ownership had been reviewed by the Legal Dept. and it was found that the consideration for that back parcel was less than $100 45 BOOK SEP 18 1985 o� UL SEP 18 1985 BOOK and that Mr. Law was President of the corporation and Mrs. Law was Vice President. A determination was made at that time that he was just trying to get around the site plan ordinance; however, even though we assume he did it to get around the site plan ordinance, this is a lawful conveyance of property to a corporation. Attorney Mann pointed out that the reason why it was conveyed has nothing to do with it; the point is that the site plan presented is on the front parcel fronting U.S. #1. The back parcel is the one that fronts on Old Dixie, and if it is sub- sequently reconveyed to Mr. Law, he must come back in for an application to develop that property. At that point he would have no choice but to access from Old Dixie. However, the intention was not to utilize these two parcels, just the front parcel. Commissioner Scurlock asked if there was a way we could tighten up our ordinance in order to keep them from circumventing it. Attorney Vitunac did not feel we needed to tighten our ordinance because our controls are on the separation of the two properties, with setbacks and site plan, and we can make sure that the two properties never join up. Commissioner Bird felt it was unreasonable for passing traffic on U.S. #1 to have to find a place to turn back and then find a marginal access road to reach a site, especially a retail establishment. Attorney Mann recalled that she was here at the time the site plan ordinance was adopted and had suggested that "may" instead of "shall" be inserted into the language to provide the Board the ability to look at these marginal access situations. Commissioner Wodtke asked if there was enough set aside for the marginal access right-of-way, and Director Keating explained that in this case the property to the north was developed in such a way that it would not accommodate a marginal access road. 46 Commissioner Wodtke felt that did not make any difference as they might want to have it at some time, and Public Works Director Jim Davis agreed it would be beneficial. Director Keating felt then that the best thing would be to refer it back to staff or the Planning & Zoning Commission to see if a marginal access road is needed, but allow the access to U.S. #1. Chairman Lyons opened the Public Hearing and asked if anyone wished to be heard in this matter. Darrell McQueen of Lloyd & Associates stressed that they submitted the site plan three or four times and the way the building is set in this site plan does not make provisions for a limited access in front of this property. The corner of the building is about 10 feet off the property line now and the limited access required by staff might harm the owner. He felt that the extensive site plan review process results in the Planning Dept. actually designing a site. Mr. McQueen suggested that if the Board wants it to be more restrictive, they should change the ordinance, as their site plan conforms to the present ordinances. Commissioner Bird asked if we have any policy for the future possibility of a marginal access road parallel to U.S. #1, and if we have such a policy, have we applied it uniformly to all site plans. Director Keating stated that we have, but this site plan was denied because we are applying the policy that they have to connect to the marginal access road that is there, which is Old Dixie. He repeated that his suggestion would be to send it back to the Planning & Zoning Commission to determine whether or not a marginal access road is needed in this part of U.S. #1. Commissioner Bird hoped we would make the decision for that entire corridor as we are doing on south U. S. #1. Director Keating explained that Old Dixie would be the access for properties facing both U.S. #1 and Old Dixie. 47 ��'� FP .� BOOK fGE m� t. Mr. McQueen noted that most of the parcels along that area similar to the subject property are fenced in, and in cases where a piece of property abuts another, the County would actually be taking away some of the property by requiring a marginal access road because the owner cannot provide security to his site if that site has to access the adjacent property. The Commissioners suggested moving the fence back, but Mr. McQueen felt that if the fence was moved back that would become right-of-way and the County would, in effect, would be taking that property for a marginal access roadway. Commissioner Bird did not believe that Dave Rever or Darrell McQueen, or anyone else in engineering, would like to see the same type of situation that exists in St. Lucie County with respect to curb cuts along U.S. #1 and felt we must find a way not to create that same problem. Mr. McQueen believed the problem should be addressed in our zoning and not determined on a parcel by parcel basis, which is what is happening now. Commissioner Bird agreed that if we are going to require it, we ought to make it uniform and decide exactly what it is we want, how many feet we want, etc. and then let everyone know that they are going to have to design their site plans accordingly from this point on. Attorney Mann also agreed that the County should apply their policy uniformly. Administrator Wright felt they had the Board's direction on this matter. Commissioner Bird intended to make a Motion to grant the appeal of the site plan, but hoped that the proposed site of the building would not make it impossible to get a marginal access road through. However, he was reluctant to send the site plan all the way back through the review process to move the building back 10 or 15 feet, and asked Director Keating how we could short cut that process for them, 48 L� Director Keating advised that it could be approved subject to the discretion of staff to approve the reconfiguration of site plan to provide for a marginal access road. Director Davis advised that we normally require a 40 -ft. setback to accommodate both aisles for the 2 -way traffic movement and some accessory parking for the site, if that is the desire of the planner. That 40 feet includes the driveway connection, for which the developer provides the paving up to the property line. There have been cases where a portion of it has been paved and then the owner of the site beyond it has paved the physical connection to their pavement. It has been done both ways. Attorney Mann suggested that Mr. McQueen take some time .to see if that is possible up there, and if it can be done, they would submit it as a minor change instead of having to go through the whole site plan process again. Chairman Lyons asked if Attorney Mann would agree to this being at the discretion of the Planning Director. Attorney Mann expressed her reluctance to commit to it without knowing if it were possible or not. Chairman Lyons believed that if Attorney Mann indicated a willingness to see if this can be done, we might be able to settle the matter. Attorney Mann felt it would be more reasonable to wait until the time the other parcel is going to be connected to it rather than to put it in now and maintain it for a number of years. Chairman Lyons agreed that was reasonable and could be worked out. Mr. McQueen pointed out the the setback requirements would put the location of this building almost behind other buildings along that corridor, and he felt that the County has devalued this piece of property tremendously. Commissioner Bird believed we have to start somewhere because we cannot continue to make these mistakes. ON MOTION by Commissioner Scurlock, SECONDED by 49 SEP 1 8 1995 BOOK F�� J I BOOK Ft. UL Commissioner Bird, the Board unanimously closed the Public Hearing. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously granted the appeal of site plan by Bill Law for the construction of a 3,200 sq. ft. contractor's warehouse facility and sent the application back to staff to see if a marginal access road would fit into the site plan with approval at the discretion of the Planning Director. Director Davis reported that once the south U.S. #1 corridor access study being done by the County and the DOT is completed, they will prepare a specific plan for the south corridor so that we will have a plan for U.S. #1 from one end of the county to the other, and perhaps in the future, they will do the same for SR -60 and other arterials. RECOMMENDATION OF BOND_ COUNSEL_ FOR $8.2 MILLION FmHA BOND ISSUE Chairman Lyons explained that he moved this item up on the Agenda in order to help the two representatives from Rhoads & Sinon to catch their plane on time. The Board reviewed the following memo dated 9/11/85: TO: Board of County DAlt-.p 11, 1985 FILE' Commissioners 1- FROM: Charles P. Vitunac, County Attorney SUBJECT: Recommendation of Bond Counsel for $8.2 million FmHA Bond Issue REFERENCES: In conjunction with the aproval by the Board of County Commissioners of its execution of a Letter of Intent to accept the $8.2 million loan offer from the FmHA, the County needs to choose a bond counsel. 50 I am recommending that the firm of Rhoads & Sinon from Harrisburg, Pennsylvania, be appointed our bond consel on this one issue. Attached is a copy of the firm's biography and history. The firm shows a substantial activity in the FmHA loan area, and members of the firm are also personally acquainted with officials of the FmHA, thus being able to provide the County with an accurate and timely sense of what the Federal government expects from our County. Furthermore, the firm has substantial resources in its Harrisburg office which would be immediately available to Indian River County through two local offices in Florida --one in Boca Raton and the other here in Vero Beach. Both of these offices are electronically connected to the local' firm's word processing and computer equipment. Finally, the price submitted by the firm is included' with their letter of proposal, which is attached to this memorandum, and it is quite reasonable, being a fee of approximately $15,000 on a $8.2 bond issue. My research indicates that the standard rate would be over $20,000 for such an issue. I respectfully request Commission approval of this selection. Attorney Vitunac recommended the firm of Rhoads & Sinon for the appointment as bond counsel for the $8.2 million loan offer from the FmHA for the Gifford wastewater project. He explained that approval of bond counsel would be contingent upon the Board's approval of Item 11-A - Utilization of FmHA Commitment Funds for Gifford Sewer Project - and, 11-C - Execution of FmHA Letter of Intent to Meet Conditions. Attorneys J. Clinton Scott and Robert H..Long, Jr. expressed their pleasure in Rhoads & Sinon being recommended for this appointment. Commissioner Scurlock summarized the background of the Gifford wastewater project and announced that a meeting will be held next Monday night at the Middle 7 School to explain the project, whereby $8.2 million is available for revitalizing and expanding the Gifford system which, in turn, will encourage more 51 ;r -- BOOK FAUr SEP .i 8 1985 SEP 18 1955 BOOK L " development along with redevelopment in the community. A side benefit would be the improvement of some roads as part of the construction plan to the tune of $1 -million. He felt that if we receive the support of the Gifford community, then we are on our way. Basically, what we are doing is the putting ourselves in the position to issue the $8.2 million, but we still have time to say no. This is the remaining money that is available from the original 1972 commitment of $11.8 million for wastewater to Indian River County at 5% interest. Commissioner Scurlock emphasized, however, that there is a deadline as far as those monies being available. Commissioner Bird felt that it is important that we are meeting with the residents of Gifford to explain the many opportunities to be gained, but pointed out once these improvements are in place and the system is available, they will be expected to connect to it and pay a charge for that connection. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously retained the firm of Rhoads & Sinon as bond counsel for the $8.2 million FmHA bond issue for the Gifford wastewater project under the terms of their Letter of Agreement dated 9/4/85; contingent upon approval of utilization of FmHA commitment funds for the Gifford Sewer project and execution of the FmHA Letter of Intent to meet conditions. 52 RESIDENT PARTNERS J. CLINTON SCOTT CHARLES L. SIECK MARK L. KRALL s C' FP; ti ;i85 pix®�ID� SYiv® N "llix, ,; ATTORNEYS AT LAW cn Olf i'c� VERO BEACH, FLORIDA 329 818 BEACHLAND BOULEVARD TELEPHONE:(305) 231-2525 FILE NO. SUITE 408 7LtOO NORTH FEDERAL HIGHWAY BOCA RATON, FLORIDA 33432 (305) 398-5595 410 NORTH THIRD STREET P.O. BOX 1146 HARRISBURG, PA 17108 (717) 233 •5731 Re: Indian River County - Farmers Home Administration Financing of Gifford Wastewater Improvements Board of County Commissioners Indian River County 1840 25th Street Vero Beach, Florida 32960 Dear Lady and Gentlemen: September 4, 1985 Charles P. Vitunac, Esquire County Attorney Indian River County 1840 25th Street Vero Beach, Florida 32960 On Tuesday, September 3, 1985, the undersigned, J. Clinton Scott, of the Vero Beach office of Rhoads & Sinon, together with Robert H. Long, Jr., of the Harrisburg office and Charles L. Sieck, of the Boca Raton office of the firm, met with Mr. Vitunac to continue discussions regarding the possibility of Rhoads & Sinon serving as bond counsel to Indian River County. During the course of our discussion, Mr. Vitunac indicated that on Thursday, September 5, 1985, an internal committee would be meeting to further discuss the Farmers Home Administration financing obligated to the County and the possibility of making a recommendation for a bond counsel selection to the Board of Commissioners. Mr. Vitunac suggested that we make a firm proposal, including a fee quotation, for such Farmers Home Administration financing of the Gifford Wastewater Improvements for the County. Accordingly, we quote you a fee of $15,000, plus out-of-pocket disbursements (which disbursements will not include travel to or from Indian River County from our offices) which we estimate to not exceed $2,000, to supply the bond counsel services necessary to close the financing which is the subject of a letter of conditions issued by the United States Department of Agriculture, Farmers Home Administration, on which funds were obligated in the amount of $8,200,000, on June 19, 1973. The above quotation of fees does not include contested validations Proceedings. 53 BOOK F A UE. SEP 18 1985 BOCK Lys,.- r7 a® F'AU`E 00 The scope of services will be that customarily supplied in municipal utility revenue bond issues issued to Farmers Home Administration. As I an sure you are aware, Rhoads & Sinon and the partners whom you have met are all extremely pleased at the opportunity given to make this proposal and are very much interested in being included as bond counsel in a financing for Indian River County. While personnel will be assembled from Boca Raton and Harrisburg, most of the services will actually be rendered from our office in Vero Beach where Rhoads & Sinon maintains word processing equipment which is linked telephonically with its other offices for convenience of processing work. . t This proposal is being submitted by the undersigned on behalf of the firm after an extremely thorough discussion of the scope of our services and the apparent needs of the County as indicated in the materials supplied. We hope for a favorable response from you as to our selection. Very truly yours, RHOADS & SINON By?- . Clinton Scott CONTINUATION OF TREE REMOVAL/LAND CLEARING VIOLATION - WOOD & THORNTON During the continuation of this matter discussed earlier in the meeting. Attorney Vitunac recommended that the matter be tabled for two weeks. ON MOTION BY Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously tabled the Thorton/Wood Tree Removal/Land Clearing Violation appeal until the meeting of October 2, 1985. PUBLIC HEARING - COUNTY -INITIATED REQUEST TO ESTABLISH BOUNDARIES FOR THE OSLO ROAD AND U.S. #1 COMMERCIAL NODE 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: 54 it , VERO BEACH PRESS-JOURNM Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr, who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being at�Gf� in the matter of 2CL�f! in the///` _ Court, was pub- lished in said newspaper in the issues of .5� 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. r: Sworn to and subscribed before me tis day of '1 `T Ra -e i Ra=1 T-7 w+ -- _ ' `" • (Clerk of the Circuit Court, Inc SEAL r .--+VROPDseD NOOK BOUNDARY NOTICE OF REGULATION OF LAND USE — NOTICE OF PUBLIC NEARING TO CONSIDER THE ADOPTION OF A COUNTY ORDINANCE NOTICE IS HEREBY GIVEN that the Indian River County Board of County CornmIssioners, shall hold a public hearing at which parties in interest and citizens shall have an opportunity to be heard. in the County Commission Chambers of the County Administration Building, located at 1840 25th Street. Vero Beach, Florida on Wednesday, September 18. 1985 at 9:45 a.m. to consider the adop-t tion of an Ordinance entitled: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUN- TY, FLORIDA, ESTABLISHING BOUNDARIES FOR THE 80 AORE COMMERCIAL NODE AT U.S. HIGHWAY #1 AND OSLO ROAD AS GENERALLY DESCRIBED IN THE TEXT OF THE LAND USE ELEMENT AND DEPICTED ON THE LAND USE MAP OF THE LAND USE ELE- MENT OF. THE COMPREHENSIVE PLAN: PROVIDING FOR BOUNDARY MAP OF THE NODE AND EFFECTIVE DATE. - - A map of the proposed node boundary Is available at the Planning Department office on the sec- ond floor of the County Administration Building. It any person decides to appeal any decision made on the above matter, he/she will need a record of the proceedings, and for such purposes, he/she may need to ensure that a verbatim record of the proceedings Is made, which includes the testimony and evidence upon which the op- pool ppeal is based. Indian River County - Board of County Commissioners By: -s -Patrick B. Lyons, Chairman Aug. 28, Sept 10, 1985. pp�J__erl t I A �y Staff Planner Robert Meisom presented staff's recommendation for the proposed boundary of the U.S. Highway #1 and Oslo Road commercial node, as set out in the following memo dated 8/26/85: 55 SEP 18 1985 Boa U2 f,�6E SEP 119 1985 TO: The Honorable Members DATE: of the Board of County Commissioners BOOK F'AH " � August 26, 1985 FILE: DIVISION HEAD CONCURRENCE: SUBJECT: Robert M. Ke ti g, IPCP Planning & Development Director THROUGH: Richard Shearer, AICP Chief, Long=Range Planning Section COUNTY INITIATED REQUEST TO ESTABLISH BOUNDARIES FOR THE OSLO ROAD AND U.S. HIGHWAY # 1 COMMERCIAL NODE FROM: REFERENCES: .06,, Robert G. Melsom, Staff Planner Oslo Road Comm. Node Long -Range Planning Section ROBERT It is requested that the data herein presented be given formal consid- eration by the Board of County Commissioners at their regular meeting of September 18, 1985. DESCRIPTION & CONDITIONS The Planning Department is initiating a request to establish bound- aries for the 80 acre commercial node at the intersection of Oslo Road and U.S. Highway # 1. On September 12, 1984, the Board of County Commissioners adopted an amendment to the text of the land use element of the Comprehensive Plan which provided for establishing node boundaries for each of the nodes as generally depicted on the land use map and described in the text of the land use element of the Comprehensive Plan. --On August 22, 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 factors used to determine the proposed node boundary is presented. The analysis includes a descrip- tion of the current and future land uses of the node, and physical and environmental conditions. The proposed boundary for the Oslo Road/U.S. Highway # 1 node was prepared based on the following criteria: 1. The general description and size constraint of the node as described in the text of the land use element; 2. The existing commercial uses in the general area of the node; 3. The existing zoning pattern; 4. Property boundaries; 5. Physical considerations; and 6. Environmental constraints. All of the nodes are generally described in the Comprehensive Plan. The U.S. Highway # 1/Oslo Road node is described as: = "There is an eighty (80) acre commercial node located at the U.S. Highway # 1 and Oslo Road intersection." 56 All of the existing commercial uses in the general area of the node are included within the proposed node boundary. These existing commercial uses include the South Vero Square (under construction), the South Vero Plaza, Tommy's Transmissions and Boat Sales, Rural Sanitation Service, Mecca Convalescent Home, several citrus business offices, the Father and Son Appliance store, the Knights of Columbus, and a small grocery store. For the most part, the proposed node boundaries follow existing property boundary lines, although the proposed node boundary transects two property boundary lines on the east side of U.S. 1 (Tanglewood Mobile Home Park and The Surplus Outlet). These parcels are rather large, and transecting them with the node proposed boundaries will allow the property owners to develop the frontage for commercial use. The proposed node boundary includes commercial property on the south side of Oslo Road, west of Old Dixie and includes commercial property north and south of Oslo Road east of U.S. Highway # 1. This node will concentrate future commercial uses around existing commercial uses on both U.S. Highway # 1 and Oslo_ Road. The node is surrounded by single-family residential development to the northeast, southeast, and southwest; and the Tennis Ranch, a multi -family residential develop- ment, to the northwest. It is the staff's position that the impact any new commercial develop- ment will have on adjacent residential uses will be lessened due to. the adoption of new dimensional and bufferyard requirements for commercial uses. The acreage represented in the proposed node boundary does not include the acreage of properties which are designated as MXD. The MXD area is defined as being a corridor located on the west side of U.S. Highway # 1 to a point three hundred feet west of the F.E.C. Railroad or Old Dixie Highway, whichever is most westerly, and extends south from the southern city limits of Vero Beach to the Indian River/St. Lucie county line. The Comprehensive Plan states that commercial and industrial land uses are anticipated to "utilize" the majority of land area within the corridor. In this context, utilize means that the MXD area is for "the expansion of existing commercial, industrial or residential uses according to the predominant land use pattern. Nodes provide for the anticipated commercial and industrial growth in the County for the next twenty years. However, the proposed node bound- aries are superimposed on the MXD area to provide a continuous bounda- ry for the Oslo Road/U.S. Highway # 1 nodepallowing growth to occur in the MXD area in conformance with the predominant land use pattern. Physical Considerations The slope of the land in the node is from slight. to moderate in character; elevations range from 10' to 30' mean sea -level. The most notable physical feature is the sand ridge which runs paral- lel to the Old Dixie Highway. The soils in the node possess the following properties: fair to good compaction characteristics, low shrink swell potential, moderate to excessively well drained. Overall, the aforementioned physical features indicate good development poten- tial. Environment The node area is not designated as environmentally sensitive nor is it in a flood -prone area. However, a portion of the node is located on the sand ridge. This portion is located due west of Old Dixie High- way. A land use survey of this area provided the following informa- tion. A substantial amount of development has occurred on the sand 57 BOOK F.1Gc 2 � . F: _ SEP 18 1985 BUGS L FAGCi ridge in this area, and only (5) five acres which may have de- velopment potential remain. It is the staff's opinion that any proposed commercial use will have a minimal impact on the aquifer or aquifer recharge in this area. It is the staff's determination that the development of the remaining five (5) acres will provide for minimal environmental impact. RECOMMENDATION Based on the above analysis, including the Planning and Zoning Com- missions recommendation, staff recommends that the Board of County Commissioners adopt the proposed boundary of the U.S. Highway # 1 and Oslo Road commercial node. 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 Wodtke, the Board unanimously closed the Public Hearing. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wodtke, the Board unanimously adopted Ordinance 85-78, establishing the boundaries of the U.S. Highway #1 and Oslo Road commercial node, as recommended by staff. 58 ORDINANCE NO. 85 - 78 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSION- ERS OF INDIAN RIVER COUNTY, FLORIDA ESTABLISH- ING BOUNDARIES FOR THE 80 ACRE COMMERCIAL NODE AT U.S. HIGHWAY #1 AND OSLO ROAD AS GENERALLY DESCRIBED IN THE TEXT OF THE LAND USE ELEMENT AND DEPICTED ON THE LAND USE MAP OF THE LAND USE ELEMENT OF THE COUNTY'S COMPREHENSIVE PLAN; PROVIDING FOR THE BOUNDARY MAP OF THE NODE AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Indian River County, Florida have amended the County's Comprehensive Plan to provide for establishing boundaries for every commer- cial, commercial/industrial, industrial, tourist/commercial, and hospital/commercial node; and WHEREAS, The Planning and Zoning Commission has held a public hearing and subsequently made a recommendation to establish boundaries for this node; and, WHEREAS, The Board of County Commissioners has held a public hearing on these proposed boundaries at which parties in interest and citizens had an opportunity to be heard; and, WHEREAS, The Board of County Commissioners is empowered to adopt these boundaries to assist in the implementation of the County's Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian River County, Florida, that: SECTION 1 The attached map labeled as "Attachment All shall be the official boundaries of the 80 acre Commercial Node at U.S. Highway #1 and Oslo Road SECTION 2 EFFECTIVE DATE The provisions of this ordinance shall become effective upon receipt from the Florida Secretary of State of official acknowledgment that this ordinance has been filed with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on the 18th day of September 1985. BOOK FAGS m SEp 1 1995 ORDINANCE NO. 85-78 BOOK L `3' FA" BOARD F COUNTY COMMISSIONERS OF DIRIVER COUNTY, FLORIDA t3 CK B. L , CHAIRMAN Acknowledgment by the Departme of State o e State of Florida this 23rd day of September 1 Effective Date: Acknowledgment from the Department of State received on this 26th day of September , 1985 at 11:00 A.M./P.M. and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY. RKETT, ASSISTANT COUNTY ATTORNEY 80 Acre/Ord. ROBERT li - 'tATTAC{Il M All 14.1 ,S.c 2 I uN Sec 1.,•• ± \\\ ,S- r..rf a 6 - R — f04t St va4+ IF I .. • -1•.. ...W• - RS -6 - T� e PARK ,M -I ; 0 c C-1 4 OSLO "— ' � Z •es -e r. I fll � 1 I B M 1• ITix "�aR Ns o ` C-1 UNIT +• 1 s t •• i _ CIN S —_ 'T SMI. _J ti ,q C-1 .t s _T I •PROPOSED NODE BOUNDARY RS -1 C -1A RS -6 LLJ c� O O Co RMH-8 Iit-- 3-18-70 - - 1 RS -6 -- RM -6 GRAPO A0k 1\ CAR DENS • 2-19-75 — \ RIMER S -ORES ESTATES •— �N•JI u [1. 3 IX a tlG _ ► 4 '• f, S ` • •UN'T HE L.I.LFGTf/t Nl ... . .1 _ O IF A `.. a NN.T• 1 N IXI HEICNrs � ` .f•. •. ,• , CY) i Oaf 7 >1n1I 1 0 UNIT \ \ / C-1 r 0. AA .L, 1j CIO _I SEP 1 � 1995 BOOK Vic, X PAUE DELINEATION OF BOUNDARIES FOR THE 50 -ACRE COMMERCIAL NODE AT OSLO ROAD AND 27TH AVENUE 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: VER® BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being ._P1 e_ , , a in the matter of s"d in the lished in said newspaper in the issues Court, was pub - Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Q Sworn to and subscribed before me this AQ day of!'� . . 19 U _ 4 Vii. er) 1�z- (Clerk of the Circuit Court, Indian River County, Florida) (SEAL) "._.., LL Re -8' .pg -g 1r vno.oeao F �` Ieeoe eouroea NOTICE OF REGULATION OF LAND USE:- NOTICE OF PUBLIC HEARING TO CONSIDER THE ADOPTION OF A COUNTY ORDINANCE NOTICE IS HEREBY GIVEN that the Indian River County' Board of County Commissioners, shall hold a public hearing at which parties in in- terest and citizens shall have an opporunity to be heard on Wednesday, September 18, 19 in the County Commission Chambers located in the County Administration -Building, 1840 25th Street, Vero Beach, Florida at 9:45 a.m. or as soon thereafter as may be heard to consider the adoption of an ordinance -entitled:,. „ - ' - _- AN ORDINANCE OF THE BOARD OF... COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ESTABLISH- ING BOUNDARIES FOR THE 50 ACRE. COMMERCIAL NODE AT OSLO ROAD AND 27TH AVENUE AS DESCRIBED IN THE TEXT OF THELANDUSE ELE- MENT AND•DEPICTED ON THE LAND USE MAP OF THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN; PROVIDING FOR BOUNDARY MAP OF i. THE NODE AND EFFECTIVE DATE A map of the proposed node boundary is available at the Planning Department office on the second floor. of the County Administration Building. .' It any person decides to appeal any decision made, onthe 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 c In- cludes theotestimonyy and the aid ncedus is pon which the appeal is based. , Indian River.County >; Board of County Commissioners By-.-s-Patrick B. Lyons, Chairman Aug. 28, Sept. 10, 1985. Staff Planner Jeffrey Goulet presented staff's recommendation as set out in the following memo dated 8/26/85: 62 ( t TO: The Honorable Members DATE: August 26, 1985 FELE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: DELINEATION OF BOUNDARIES SUBJECT: FOR THE 50 ACRE COMMERCIAL Robert M. XeatlngOVICP NODE AT OSLO ROAD AND 27TH Planning & Development Director AVE. ?IS THROUGH:Richard Shearer, AICP Chief, Long -Range Planning FROM:-TA/_01REFERENCES: Jeffrey A. Goulet'50 Acre Comm. Node Staff Planner, Long -Range Planning JEFF It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of September 18, 1985. DESCRIPTION & CONDITIONS - The Planning Department is initiating a request to establish bound- aries for the fifty (50) acre commercial node located at Oslo Road and 27th Avenue. On September 12, 1984, the Board of County Commissioners adopted an amendment to the text 'of the land use element of the Comprehensive Plan which provided for establishing boundaries for each of the nodes as generally depicted on the Land Use Map and generally described in the text of the -land use element of the Comprehensive Plan. On August 23, 1985, the Planning and Zoning Commission voted 5 -to -0 to recommend approval of the proposed boundaries of the Oslo Road and 27th Avenue commercial node. ALTERNATIVES & ANALYSIS The proposed boundaries of the Oslo Road and 27th Avenue commercial node were prepared based on the following criteria: j 1. The general description and size constraint of the node as described in the text of the land use element. 2. The existing commercial uses in the general area of the node. 3. The existing zoning pattern; 4. Property boundaries; and 5. Environmental considerations. All of the nodes are generally described in the Comprehensive Plan. The Oslo Road and 27th Avenue node is described as: "A fifty (50) acre commercial node is located at the intersection of 27th Avenue and Oslo Road." All of the property proposed for inclusion in the node is currently zoned C-1, except for one property in the northwest section of the proposed node area. This one property extends further north than the. 600 foot boundary of the C-1 zoning district along Oslo Road. As proposed, the node boundary excludes the mobile home park located at the southeast corner of the intersection. All of the other quadrants of the Oslo Road/27th Avenue intersection are recommended for 63 SEP 18 1985 BOOZE Fl4U- � o d t BOOK �bd Fr1ut .=i_ d inclusion in the node, and the proposed boundary .follows property boundaries except for several properties located in the southwest section of the proposed node area. Existing C-1, Commercial District, boundaries were used for node boundary delineation in these cases. Existing Land Use Pattern Most of the commercial uses in the node area are currently located along the west side of 27th Avenue. There is a Cumberland Farms convenience store located at the northeast corner of Oslo Road and 27th Avenue. There are also several commercial establishments located to the north and south of Oslo Road at the node's western boundary. To the north of Oslo Road and on the west side of 27th Avenue, there"are three single-family residences. The property owners of these three residences requested a Comprehensive Plan Amendment in 1984 to assure commercial zoning and were granted that designation. Further north, there are commercial establishments between 7th Street SW and Rebel Road. These commercial establish- ments include an R.V. sales establishment, a semi -tractor trailer storage yard, and various retail outlets. The east side of 27th Avenue north of Oslo Road is vacant. The land in the southwest section of the proposed node is predominantly vacant. However, there are several residences and a commercial carry -out establishment at the node's recommended southern boundary. Environment The node area is not designated as environmentally sensitive nor is it in a flood -prone area. Utilities A County water main runs along the north side of Oslo Road. No wastewater facilities are available at the present time. RECOMMENDATION Based on the above analysis, including the Planning and Zoning Commission's recommendation, staff recommends that the Board of County Commissioners approve the proposed boundaries of the fifty (50) acre commercial node located at Oslo Road and 27th Avenue. Chairman Lyons opened the Public Hearing and asked if anyone wished to be heard in this matter. Samuel Block, Attorney representing Louise Simmons, owner of 5 acres of vacant property located west of 27th Avenue and fronting on Oslo Road, requested that his client's property be included in the node. The property is presently zoned commercial, but under the Comp Plan, it may not remain that way 64 unless it is included in the node. Based on the area and on the existing uses, Mrs. Simmons believes that the highest and best use of her property would be c-ommercial because it does front on Oslo Road and is next to an existing commercial use. Richard Shearer, Chief of Long -Range Planning, explained that the present recommendation is for a 50 -acre node, and in order to include the Simmons property today, it would be necessary to take someone else's property out of the node He felt that the Simmons property could be included later on by expanding the node to 55 acres. Commissioner Bird felt certain that when this node expands in the future, the Board would consider including the Simmons parcel. However, the purpose of establishing nodes and the boundaries of the nodes is to encompass the existing commercial uses and also to allow a certain amount of infill area. Commissioner Scurlock was not willing to take someone else's property out of the node today, but agreed to consider expanding the node at some future time. Attorney Block argued that it was not fair to the owner of the property to make her wait until next year to see if she would be included in the node, and wondered why her property wasn't included at this time. Mr. Shearer explained that many people want their property to be included in the node. Staff looks at the description of the node and centers it on the intersection, and basically, if someone is in the intersection, they are included. Director Keating pointed out that in developing nodal boundaries, first the node center is determined, then the perimeter is determined by existing commercial, and then necessary infill is inserted. The big question, however, is with the remaining acreage and which properties on the perimeter can be included without breaking up existing parcels. 65 BOOK BOOK F�1ut Attorney Block pointed out that the Simmons property is sitting between two pieces of property, one of which is existing commercial, and the other is a mobile home park that has been developing over a period of five years. He noted that they have access to other roads, while the Simmons property has access only to Oslo Road. Commissioner Bird recommended that Mrs. Simmons wait for a couple of years until the area is more developed and there is justification for expanding the node and considering her property for inclusion in the node. Elizabeth Mason, owner of the southwest corner of the intersection in question, stated she was hoping that the Board would not delay their decision today just because someone suddenly discovered that they were not in included in the node. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously closed the Public Hearing. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Bowman, that the Board adopt Ordinance 85-79, providing for the delineation of boundaries for the 50 -acre commercial node at Oslo Road and 27th Avenue, as recommended by staff. 0 Under discussion, Director Keating advised Attorney Block that the process had been changed and a request for nodal expansion could be reviewed every six months. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. 66 1 ORDINANCE NO. 85 - 79 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSION- ERS OF INDIAN RIVER COUNTY, FLORIDA ESTABLISH- ING BOUNDARIES FOR THE 50 ACRE COMMERCIAL NODE AT THE INTERSECTION OF OSLO ROAD AND 27TH AVENUE AS DESCRIBED IN THE TEXT OF THE LAND USE ELEMENT AND DEPICTED ON THE LAND USE MAP OF THE LAND USE ELEMENT OF THE COUNTY'S COMPREHENSIVE PLAN; PROVIDING FOR THE BOUNDARY MAP OF THE NODE AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Indian River County, Florida have amended the County's Comprehensive Plan to provide for establishing boundaries for every commer- cial, commercial/industrial, industrial, tourist/commercial, and hospital/commercial node; and WHEREAS, The Planning and Zoning Commission has held a public hearing and subsequently made a recommendation to establish boundaries for this node; and, WHEREAS, The Board of County Commissioners has held a public hearing on these proposed boundaries at which parties in interest and citizens had an opportunity to be heard; and, WHEREAS, The Board of County Commissioners is empowered to adopt these boundaries to assist in the implementation of the County's Comprehensive Plan; - NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian River County, Florida, that: SECTION 1 The attached map labeled as "Attachment All shall be the official boundaries of the 50 acre Oslo Road and 27th Avenue Commercial node. SECTION 2 EFFECTIVE DATE The provisions of this ordinance shall become effective upon receipt from the Florida Secretary of State of official acknowledgment that this ordinance has been filed with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on the 18th day of September 1985. SEP 18 1995 BOOK �rSuC.Qy ORDINANCE N0. 8 5 - 7 9 BOOK BOARDPUNTY COMMISSIONERS OF IN AN IVER COUNTY, FLORIDA / 7B RTeR-. LYONothe AIRMAN Acknowledgment by the Department of State ofStateof Florida this 23rd day of September , 198 Effective Date: Acknowledgment from the Department of State received on this 26th day of September , 1985 at 11:00 A.M./P.M. and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida APPROVED AS TO FORM AND LEGAL SUFFICIENCY. BARKETT, ASSISTANT COUNTY ATTORNEY I Neighborhood Nodes PNOT ® W e alp! Fd!® ZIL W s D CK O Q N E�i 1, 4 Attachment A JC4;� s1J 6TH ST. SW � W W N 2 2 I o • L_ 7TN ST SW - RS -3 , L SEP 18 1985 C-1 RM -6 I*-. 0 co Co M' 5th ST SW RS -6 BTM ST SW OSLO RD CR 606 BOOK I A6t Ljc.j VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a in the matter of in the Court, was pub - 14 lished in said newspaper in the issues of f•!G! ' �C Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, fora period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this _ A day o4 4/� 19 O � _ • '11 tn o/fth f Hager) "j lam' (SEAL) (Clerk of the Circuit Court, Indian RiveLVbunty, Florida) - b NOTICE OF REGULATION OF LAND USE — NOTICE OF PUBLIC HEARING TO CONSIDER THE ADOPTION OF A COUNTY ORDINANCE -NOTICE IS HEREBY GIVEN that the Indian River County Board of County Commissioners, shall hold a public hearing at which parties In Interest and citizens shall have an opportunity to be heard, In the County Commission Chambers of the County Administration Building, located at 1840 25th Street, Vero Beach, Florida on Wednesday, September 18, 1985, at 9:45 a.m. to consider the adop- tlon of an Ordinance entitled: \ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUN- TY, FLORIDA, ESTABLISHING BOUNDARIES FOR THE 100 ACRE COMMERCIAL NODE AT SOUTH WINTER BEACH ROAD AS DESCRIBED IN THE TEXT OF THE LAND USE ELE- MENT AND DEPICTED ON THE LAND USE MAP OF THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN: PROVIDING FOR BOUNDARY MAP OF THE NODE AND EFFEC- TIVE DATE. A map of the proposed node boundary Is*available at the Planning Department office on the aec- ond floor of the County Administration Building. If any person decides to appeal any decision made on the above matter, he/she will need a record of the proceedings, and .for such purposes, he/she may need to. ensure that a verbatim record of the proceedings is made, which includes the testimony and evidence upon which the ap- peal Is based. Indian River County Board of County Commissioners B :-s-Patrlck B. Lyons, Chairman Aug. 28, 29, Sept. 10, 1985. r" 0 0 �c t, r 10 IC rr rD I{ ,C7 CA 1 m Im 1� -1 ::r CL fD (D 1 I �mz Q. =r O 1D rr O C ;0 MO I� I0 •. o � im 10 IZ W l� D 1 I A Z = �Z O O r+ 77 0 CD aIg -1 ::Ek j0 S :7IM ) .0 o <• m I O 1.0 —n I I 10 o W In 171 (D In c Cr �+ r n 7 `D rt 13: —• 0 I is I� Im IIn r" 0 0 �c t, Planner Shearer presented staff's recommendation for approval of Alternative #1 as set out in the following memo dated 9/9/85: TO: The Honorable Members DATE: September 9, 1985 FILE: of the Board of County Commissioners COUNTY -INITIATED REQUEST DIVISION HEAD CONCURRENCE: TO ESTABLISH BOUNDARIES FOR THE SOUTH WINTER , SUBJECT: BEACH ROAD INDUSTRIAL NODE Robert M. Keati g, PorcP Planning & Development Director FROM: Richard Shearer, AICP REFERENCES: Chief, Long -Range Planning S.Winter Bch. P&Z RICH2 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of September 18, 1985. DESCRIPTION & CONDITIONS The Planning Department is initiating a request to establish boundaries for the 100 acre industrial node on South Winter Beach Road. On September 12, 1984, the Board of County Commissioners adopted an amendment to the text of the land use element of the Compre- hensive Plan which provided for establishing boundaries for each of the nodes as generally depicted on the Land Use Map and generally described in the text of the land use element of the Comprehensive Plan. On June 13, 1985, the Planning and Zoning Commission tabled action on this request pending further staff analysis to adjust the boundaries of this node. On July 11, 1985, the Planning and Zoning Commission tabled action on this matter until their second meeting in August. On August 22, 1985, the Planning & Zoning Commission voted 4 -to -1 to recommend approval of Alternative #1 as recommended by the Planning Department. ALTERNATIVES & ANALYSIS Two alternative sets of boundaries were prepared for this node. The first alternative was considered on. June 13, 1985. Subse- quently, a second alternative was prepared based.on the Planning and Zoning Commission's concept of an alternative node boundary located entirely south of South Winter Beach Road. Both of the proposed and alternative boundaries of the South Winter Beach Road node were prepared based on the following criteria: 68 • BOOK FA.uE ��' The general description and size constraint of the node as described in the text of the land use element; The existing industrial uses in the general area of the node; The existing zoning pattern; and Property boundaries. All of the nodes are generally described in the Comprehensive Plan. The South Winter Beach Road node is described as: "Two industrial nodes are located in the Winter Beach/Gifford area. A one hundred (100) acre node is located on South Winter Beach Road, west of the Florida East Coast Railroad right-of-way." All of the existing industrial uses in the general area of the node are included in both of the alternative node boundaries. These existing uses include a millworking establishment and a waterbed manufacturing facility in metal buildings abutting the south side of South Winter Beach Road. The node boundaries follow property boundary lines except for the properties on the east side of the node which are partially in the node and partially in the MXD area. The first alternative node boundary does include property on both sides of South Winter Beach Road. This node configuration arranges a large amount of the node adjacent to the F.E.C. railroad tracks rather than extending the node to the west. This alternative also concentrates the node around the existing industrial uses on the south _side of South Winter Beach Road. As new industrial uses are established around these existing uses, they could provide additional setbacks and landscaping to buffer surrounding residential uses. The second alternative maintains all of the node south of South Winter Beach Road and extends west to include the County trans- fer station. Excluding the property on the north side of the road would require that land to be rezoned and developed in conformance with the LD -2 land use designation. This would establish residential uses across the street from the existing industrial uses on the south side of the South Winter Beach Road. These new residential uses would not be adequately buffered from the existing industrial uses. Environment The node area is not designated as environmentally sensitive nor is it in a flood -prone area. However, the node is located on the sand ridge, an important aquifer recharge area. At the Planning and Zoning Commission meeting of June 13, 1985, there was discussion about whether or not industrial development should be allowed on the sand ridge because of the possibility that an industrial use would probably have more impermeable surface than a residential use. A large amount of impermeable surface would impede the percolation of water through the sand ridge to the aquifer, thereby reducing the quantity of water in the aquifer. The impervious material would generally direct water away from the sand ridge into canals leading to the river. However, while residential development generally creates less impermeable surface than industrial developments, -there are also potential negative effects upon the aquifer from residential development. These include percolation of fertilizers used on residential lawns and the leaching of septic tanks as well as others. 69 M _I 177 While there are advantages and disadvantages of locating various land uses in this area, the staff feels that industrial uses would not create any significant adverse impact upon this area. To ensure that any development, in this area or on the sand ridge generally does not adversely affect the aquifer, the staff has been working with representatives of the St. Johns River Water Management District to produce specific standards applicable to all development in these areas. It is anticipated that an ordinance incorporating these standards will be adopted and in place prior to any projects in this area being submitted for site plan review. RECOMMENDATION Based on the above analysis, including the Planning & Zoning Commission's recommendation, staff recommends that the Board of County Commissioners adopt the first alternative as the boundary of the South Winter Beach Road industrial node. Chairman Lyons asked if the Comp Plan included any specific comments about the sand ridge and the water recharge area. Mr. Shearer confirmed that they were identified in the plan and that staff is looking at a specific ordinance to put in place to give added protection to these areas in the county. Planning & Development Director Robert Keating reported that the County is working very closely with the St. Johns Water Management District to try to address all the concerns relating to the recharge areas and the sand ridge. He noted that the Water District realizes that Indian River County has a problem where development has been on a linear pattern adjacent to the roadways, railroad tracks, and the river. Staff is trying to come up with some engineering data and some specific criteria so that we can recommend an ordinance that will allow for development in those areas but will mitigate any adverse impact on the aquifer. Director Keating noted that staff feels these land uses can be acceptable if we put enough controls on the site plans by requiring more open space, different types of recharge, making sure that contaminants don't get in the ground water, and not exposing the aquifer. Commissioner Bird asked how this request came about, and Mr. Shearer said that it came about based on the Planning & Zoning. Commission's direction to look at an alternative where all the node was south of South Winter Beach Road. The second alternative was to extend it to the west along South Winter Beach 70 SEP 100 1985 BOOK �I SEP 18 1995�= BOOK Lr�. Road which takes in the County's transfer station because that was the only logical property to include on the south side. Chairman Lyons opened the Public Hearing and asked if anyone wished to be heard in this matter. Paul Carini, owner of a neighboring 10 -acre parcel directly west of the property boundaries of the node, stated -he was in favor of this commercial node and had attended the last three Planning & Zoning meetings on this matter to request that his parcel be included within the boundaries because it would be the highest and best use of his property to have it zoned industrial. He noted that the land across South Winter Beach Road is all industrial development and there are no residential homes within one-half mile from his site. His parcel is located in the midst of a 100 -acre site, which is a wooded area with no development. Mr. Carini reported that he was informed by three county officials that it would be very desirable to have a buffer zone between the node and the low density area, and he felt that could be achieved by including his parcel in the node. It is presently zoned R-6, but he could not foresee anyone wanting to build any homes in the area for many years to come. Chairman Lyons understood that there has been a change since the last Planning S Zoning meeting in that Mr. Carini's land is not now landlocked, but he did not know if that has any bearing on this or not. Mr. Shearer felt that was not the reason why Mr. Carini's request was turned down, and understood that he does have an access easement across some other property that connects to South Winter Beach Road. Mr. Carini advised that he had with him today a deeded easement for access to South Winter Beach Road. Commissioner Bird felt that when this node was expanded in the future, it was likely that Mr. Carini's property would be included, but right now there is so little actual industrial use on the 100 acres that until some of that is used up and there is 71 some infill, he did not feel that the Board would be justified in • expanding it beyond the 100 acres. Mr. Carini asked if the Board was aware that the FEC Railroad is proposing an industrial park right in that area, and Commissioner Bird said they had received a letter from them to that effect. Mr. Carini stressed that his property is directly west of that proposed park. Commissioner Scurlock agreed that Mr. Carini would have to wait until expansion occurs and suggested that Mr. Carini put in another request in 6 months. Director Keating noted that Mr. Carini is under an order from the Code Enforcement Board to remove 85-100 junk cars from his property and believed that is one of the reasons he wants the industrial designation. Mr. Carini confirmed that is one of the problems that would be solved by including his property in the node. He pointed out that the cars cannot be seen from the road because of the wooded area. ON MOTION by Commissioner Bird, SECONDED by Commissioner Scurlock, the Board unanimously closed the Public Hearing. MOTION WAS MADE by Commissioner Bird, SECONDED by Commissioner Bowman, that the Board adopt Ordinance 85-80, providing for the establishment of boundaries for the South Winter Beach Road industrial node, as recommended by staff in Alternative I as set out in the above memo. Under discussion, Chairman Lyons wished we could have some idea of how the new ordinance will affect the aquifer up there on the sand ridge, and Director Keating advised that they hope to start workshopping the matter in 4 to 6 weeks. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. 72 SEP 18 195 BOOK f'�GE SEP 19 1995 _I ORDINANCE NO. 85 - 80 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING BOUNDARIES FOR THE 100 ACRE INDUSTRIAL NODE ON SOUTH WINTER BEACH ROAD AS DESCRIBED IN THE TEXT OF THE LAND USE ELEMENT AND DEPICTED ON THE LAND USE MAP OF THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN; PROVIDING FOR BOUNDARY MAP OF THE NODE AND EFFECTIVE DATE. WHEREAS, The Board of County Commissioners has amended the County's Comprehensive Plan to provide for establishing bound- aries for every commercial, commercial/industrial, industrial, tourist/commercial, and hospital/commercial node; and, WHEREAS, The Planning and Zoning Commission has held a public hearing and subsequently made a recommendation to estab- lish boundaries for this node; and, WHEREAS, The Board of County Commissioners has held a public hearing on these proposed boundaries at which parties in interest and citizens had an opportunity to be heard; and, WHEREAS, The Board of County Commissioners is empowered to adopt these boundaries to assist in the implementation of the County's Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian River County, Florida, that: SECTION 1 The attached map labeled as "Attachment A" shall be the official boundaries of the 100 acre South Winter Beach Road Industrial Node. SECTION 2 EFFECTIVE DATE The provisions of this ordinance shall become effective upon receipt from the Florida Secretary of State of official acknowl- edgement that this ordinance has been filed with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on the 18th day of September 1985. _ kr ORDINANCE NO. 85-80 BOARD O OF IND BY: 4 TY COMMISSIONERS ER COUNTY B. rman Acknowledgment by the Department of State of the ate of Florida this 25thday of September , 1985. Effective Date: Acknowledgment from the Department of State received on this lst day of October, 1985, at 10 A.M./P.M. and filed in the office of the Clerk of the Board of County Commis- sioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY. Bruce Barkett, Assistant County Attorney South Winter Bch. Ord. JEFF BOOK L2 SEP 281985 ORDINANCE NO. 85 - 80 ATTACHMENT A BOCK I ,m FA" - UL -312 WINTER BEACH �;�th et _ _ �� 11 N_ ---` n - - ILI I A apt 0 PROPOSED NODE BOUNDARY ALTERNATIVE #1 Q DISCUSSION RE CONTRACT BETWEEN MEDICAL EXAMINER AND BOARD OF COUNTY COMMISSIONERS Leonard Walker, M.D., Medical Examiner for District 19, Florida, reported that his Attorney, R. M. Bernardt, had advised him that some modifications needed to be made in the contract he had prepared for approval by the Board. Commissioner Scurlock felt the County should contract directly with Indian River Community College rather than with Dr. Walker contracting with the college in respect to space requirements. In addition, he would like to see some verbage included re administrative office space at the school for Dr. Walker. Attorney Bernhardt believed that the other three counties involved have no objections to Dr. Walker receiving the funds rather than the college. He stressed the importance of a lease being established with the college which meets the requirements of the Medical Examiner's Office. Furthermore, there may be a real problem if one county disagreed that more space is needed. Chairman Lyons advised that Dr. Heise has indicated he could find space for Dr. Walker's administrative office. Commissioner Scurlock preferred to have the County enter into the lease agreement with the community college. Attorney Bernhardt argued that from a logistics point of view, it is better to work through one person. Commissioner Scurlock noted that Indian River County is in the process of requesting that we not be moved out of the 19th Judicial District. Chairman Lyons felt that we should not be tied up this morning in actually writing a contract and that we should address only the major problems and let the two attorneys resolve the language of the contract. He personally wished to see some limitations set as to how much the County will pay, and since Doctor Walker does not believe in following the County's 76 • BOOK _A SEP 18 1995 BOOKS F�i;� .::. procedures in submitting budgets in a timely manner, that we should request that he submit them in the proper form. Attorney Bernhardt did not feel that would be a problem because the counties have the power of the purse, but Chairman Lyons felt that while we have power of the purse, Dr. Walker has the key to it according to the way this contract is written. County Attorney Vitunac wished to know what the guidelines would be, and Attorney Bernhardt advised that Dr. Walker is anticipating moving to the college by October 1, 1985. He emphasized that Dr. Walker's Longwood office will not be the Medical Examiner's Office, as he is also the pathologist for Longwood Hospital since he cannot afford to live on the portion of the salary that is allocated for him in the budget. y Commissioner Bird asked how we address the matter of Dr. Walker's running over the estimated budget for the year, if, for example, St. Lucie County were to experience a major disaster. Attorney Bernhardt felt that someone on staff could be appointed to work with the counterpart from other counties to work up some answers to the problems that might arise, and Commissioner Bird suggested the County Administrator as our representative. Lengthy discussion took place on what was agreed to in the original verbal agreement with Dr. Walker with respect to his being required to go back to school to obtain his degree in forensic pathology and his being a full-time medical examiner for the four counties with no outside practice. Attorney Bernhardt reported that he had met with State Attorney Robert Stone last month to address these items and, as a result of that discussion, began working towards resolving these matters. He pointed out that Attorney Stone no longer insists that Dr. Walker obtain his degree. Commissioner Scurlock stated that, as of yesterday, Attorney Stone had indicated that these matters still were not resolved and were still under debate. 77 Attorney Bernardt suggested that this matter be discussed away from the press and TV cameras, but Commissioner Scurlock pointed out that Florida's Sunshine Law requires policy and direction to be discussed publicly. Commissioner Bird felt the issue is whether Indian River County receives adequate service from the Medical Examiner, not whether it is full-time or part-time service. However, he felt the compensation should be adequate in any case. Chairman Lyons brought the debate to a close as he felt the major points and general rules had been covered and the attorneys could handle the specifics. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Bowman, that the Board authorize staff and the County Attorney to negotiate with Dr. Walker and his attorney and bring back an agreement that resolves the matters discussed today. Under discussion, Attorney Vitunac asked why St. Lucie County put this off, and Dr. Walker answered that they are insisting that he enter into the lease agreement with the college not the county. They also want their County Finance Director to have access to all records and he advised that these two items have been included in the contract. With respect to finances, he believed that his office undergoes the same type of audit as that of the State Attorney's office. Attorney Bernhardt said he intended to include language in the contract whereby the County could have access to request a private audit. Attorney Vitunac understood then that the Board's direction is for him to negotiate the question of whether the contract will be between the County and Dr. Walker or the County and the community college. 78 SEP 1 1985 BOOK ib ft�uC+: SEP 1 1985 BOOK _. Commissioner Scurlock felt the Board is directing him to work it out and discuss it with the other counties, while having the latitude of bringing back whatever recommendation he feels appropriate, knowing the Board's preferences in these matters. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. EXECUTION OF CONTRACT BETWEEN STATE OF FLORIDA AND INDIAN RIVER COUNTY FOR MEDICAL EXAMINER FUNDS Attorney Vitunac advised that this is a standard State written contract for $10,000 in funds and is not contingent on the County's contract with the Medical Examiner. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously authorized the execution of the State Contract with Indian River County for Medical Examiner funds. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK UTILIZATION OF FmHA_COMMITMENT FUNDS FOR GIFFORD SEWER PROJECT Commissioner Scurlock stressed that he wanted it made clear that there is no final commitment on the part of the County until such time as we can meet with the Gifford leaders to discuss the issue. He did not want it to appear in the paper tomorrow that we have already approved this and it is a "go" project. Utilities Director Pinto explained that the FmHA p brought to our attention the fact that the County still had committed from 1973 some $10 -million of FmHA 40 -year loan money at 5% that was only to be used for wastewater projects. At that time they asked for some sort of report of action for which the money could be utilized in Indian River County, and if it was not going to be utilized, they would send it back to the U.S. Treasury to be redistributed. From that report came the Letter of Intent for the Gifford area, which is in front of the Board today, and we 79 o r r have until May, 1986, to tell the State District Office that we intend to utilize that money so they can notify Washington that it is going to be used. Once we issue the Letter of Intent, we will have the authorization to do the research and engineering necessary to prove the project out and to meet with the people of Gifford to explain the project. Without the Letter of Intent, nothing we do is subject to reimbursement through the loan proceeds. Commissioner Scurlock asked if we still had the ability to say "no", and Director Pinto stated we are not committed to the loan until we sign the loan agreement, and at any point before the actual construction begins, we can say it is a "no go" project. Director Pinto reported that FmHA has advised that they have in existence the Section 504 housing loan program that is an accommodation loan grant program for improvement to individual properties within an approved area. If the Gifford area is approved, and he felt confident it would be, it would make the cost borne by the individual owner to do the private plumbing necessary to connect to a sewage system eligible for this program. The construction of the project will take a minimum of two years and will include the sewering of the entire community and the paving of some streets. He felt the project is overdue and, if we do it, we will be taking a 20 -year leap in improving conditions in the area. Administrator Wright asked for clarification of the rate of the loan, and Director Pinto explained that the rate will be that which prevailed when the commitment was made; the actual commitment was made in 1973 when the rate was at 50. Commissioner Wodtke asked if there was any chance for grant money in addition to the loan money, and Director Pinto advised that they were quite frank in saying that we could consider the low interest rate a grant because we would not see rates that low ever again. 80 SEP I 1985 `4� BOOK ��,.� FAGE �.� SEP 19 1995 BOOK F��G;. Director Pinto stressed that all FmHA agreements have a mandatory hookup with respect to water and wastewater systems. He continued that there are areas where water would not be available at the present time; however, during construction of the wastewater system, they would be replacing many old water lines. Staff would be laying this all out in the near future. The service area runs from Lindsey Road south to South Gifford Road and north to 43rd Street. U.S. #1 is basically the boundary except where it crosses U.S. #1 and goes into a portion of the Geoffrey Subdivision by 37th Street. Commissioner Scurlock repeated that they were going to meet with the people of Gifford next Monday night to lay it all out for the residents, and if the residents are not in favor of it and would not support it, he did not intend to fight any losing battles. Mrs. Dorthea McGriff requested a copy of today's approved minutes along with a copy of the Letter of Intent and copies of the backup material in today's Agenda as she wished to take this material back to her group to prepare for Monday night's meeting. Director Pinto stated that he would make available files dating back as far as 1973 and assured her they intend to answer every question or concern that is posed at the meeting. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved the Utilization of FmHA commitment funds for the Gifford Sewer project and the FmHA Letter of Intent to meet conditions and authorized the Chairman's signature; with the stipulation that this does not commit us totally and that we still have the opportunity to withdraw. UNITED STATES DEPARTMENT OF AGRICULTURE Form FHA 442-46 FARMERS HOME ADMINISTRATION (Rev. 1-9-69) LETTER OF INTENT TO MEET CONDITIONS Date August 28, 1985 TO: Farmers Home Administration United States Department of Agriculture - 3500 45th Street P.O. Bos 3767 office Address) District We have reviewed and understand the conditions set forth in your letter dated 71213z 70 1985 It is our intent to meet all of them not later than 120 days WIRA'fiks�— form Approved as to and sufficiency C;,a,lesP. 'Jitunac County P,itorn�`I u U.S.GPO:1979-0-685-010! 1883 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIMERS of Assogyttion) BY rtri yo s, C airman oard of Coun y mmissioners Indian River Cucrfity, Florida (Title) Approved: September 18, 1985 FHA 442-46 (Rev. 1-9-69) REQUEST FOR COUNTY TO REMAIN IN NINETEENTH JUDICIAL CIRCUIT AND FOURTH_ DISTRICT COURT_ OF APPEALS The Board reviewed the following memo dated 8/19/85: 82 BOOK .�� f'AGc S E P 1 1985 SEP 18 1955 e00r I R. PAW 200 MEMORANDUM TO: Chief Judges of the District Courts of Appeal Chief Judges of the Circuit Courts President, The Florida Bar Presidents of Local Bar Associations FROM: Justice .L'eand"er-J .�'-Shaw;l Jr., Chairman Courts'Restructure Commission DATE: August 19, 1985 _ RE: Public Hear' ncJs 0r1ando,(September 19,198 D` Ft. Lauderdale, September 20, 1985 In response to proposals made to the Florida Supreme Court when the Court last considered the need for additional judgeships, and developing interest in the Florida Legislature, the Court will be considering the possibility of redrawing certain of Florida's circuit court boundaries. Also, the Court has been asked to consider the need for creation of additional district courts of appeal or judges. To assist the Court in this matter, the Chief Justice.has appointed the Courts Restructure Commission. The role of the Commission is to: identify any problems in the handling of litigation that would suggest the need for organizational or geographical changes in certain circuit courts or Florida's district courts of appeal; gather statistical and other data that would accurately reflect the scope and character of such problems; evaluate the need for redrawing court boundaries; and assess other alternatives to assist the courts in responding to wort -.load and related problems which may exist. The Commission has scheduled public hearings in Orlando on September 19 and in Ft. Lauderdale on September 20 to allow members of the bench, the _bar, and the public to speak to the issues it will consider. Anyone wishing to speak 'at the hearings is encouraged to contact Ms. Ditti Davis, Florida Supreme Court, (904)488-0357. The hearings will be held in Orlando'at the Wyndham Hotel,- 6677_Sea Harbor Drive,, -on Thursday, September 19,_ 10.A.M. to. - 4 -P.M. -,,and in Ft. Lauderdale at the Broward County Commission Room, Government Center, on Friday, September 20, 10 A.M. to 4 P.M. 83 7__� SUPREME COURT OF FLORIDA TALLAHASSEE =w JOSEPH A. BOYD. JR. 32301-8167 TE SID J. ARK CHIEF JUSTICE JAMES C. ADKjNS TONY SMILGIN BEN F. OVERTON MARS►U►L JAMES E. ALDERMAN PARKER LEE MCDONALO RAYMON"J EHRLICH LEANDER J. SHAW. JR. JUSTICES t ' MEMORANDUM TO: Chief Judges of the District Courts of Appeal Chief Judges of the Circuit Courts President, The Florida Bar Presidents of Local Bar Associations FROM: Justice .L'eand"er-J .�'-Shaw;l Jr., Chairman Courts'Restructure Commission DATE: August 19, 1985 _ RE: Public Hear' ncJs 0r1ando,(September 19,198 D` Ft. Lauderdale, September 20, 1985 In response to proposals made to the Florida Supreme Court when the Court last considered the need for additional judgeships, and developing interest in the Florida Legislature, the Court will be considering the possibility of redrawing certain of Florida's circuit court boundaries. Also, the Court has been asked to consider the need for creation of additional district courts of appeal or judges. To assist the Court in this matter, the Chief Justice.has appointed the Courts Restructure Commission. The role of the Commission is to: identify any problems in the handling of litigation that would suggest the need for organizational or geographical changes in certain circuit courts or Florida's district courts of appeal; gather statistical and other data that would accurately reflect the scope and character of such problems; evaluate the need for redrawing court boundaries; and assess other alternatives to assist the courts in responding to wort -.load and related problems which may exist. The Commission has scheduled public hearings in Orlando on September 19 and in Ft. Lauderdale on September 20 to allow members of the bench, the _bar, and the public to speak to the issues it will consider. Anyone wishing to speak 'at the hearings is encouraged to contact Ms. Ditti Davis, Florida Supreme Court, (904)488-0357. The hearings will be held in Orlando'at the Wyndham Hotel,- 6677_Sea Harbor Drive,, -on Thursday, September 19,_ 10.A.M. to. - 4 -P.M. -,,and in Ft. Lauderdale at the Broward County Commission Room, Government Center, on Friday, September 20, 10 A.M. to 4 P.M. 83 7__� ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously adopted Resolution 85-114, requesting that the Florida Supreme Court recommend to the Florida Legislature that Indian River County remain in the Nineteenth Judicial Circuit and Fourth District Court of Appeals and approved out-of-county travel for Assistant County Attorney Jim Wi'Ison to present this resolution in Orlando on September 19, 1985, 84 • BOOK n`, C, SEO 18 1985 BOOK E 61 6- 0 ," L,,� FAQ E t� j-0 RESOLUTION NO. 85-114 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, REQUESTING THAT THE FLORIDA SUPREME COURT RECOMMEND TO THE FLORIDA LEGISLATURE THAT INDIAN RIVER COUNTY REMAIN IN THE NINETEENTH JUDICIAL CIRCUIT AND FOURTH DISTRICT COURT OF APPEALS. WHEREAS, the Nineteenth Judicial Circuit is currently comprised of Indian River, St. Lucie, Martin and Okeechobee counties; and WHEREAS, the Nineteenth Judicial Circuit lies within the jurisdiction of the Fourth District Court of Appeals; and WHEREAS, the Florida Supreme Court has appointed a Court Restructure Committee to study the redrawing of Florida's circuit court boundaries; and WHEREAS, a proposed redrawing of Florida's circuit court boundaries may result in Indian River County being severed from the Nineteenth Judicial Circuit and moved to the Eighteenth Judicial Circuit with Brevard County; and WHEREAS, the counties within the current Nineteenth Judicial Circuit are similar in population and land area; and WHEREAS, there is an historic social and economic relationship between the counties comprising the Nineteenth Judicial Circuit due to their proximity and similar demographics; and WHEREAS, various officers of the court having jurisdiction throughout the Nineteenth Judicial Circuit reside in Indian River County; and WHEREAS, the population of Brevard County is presently larger than the population of all the counties within the existing Nineteenth Judicial Circuit; and WHEREAS, Brevard County has sufficient population to create a separate judicial circuit without the addition of Indian River County; and WHEREAS, incorporating Indian River County into the Eighteenth Judicial Circuit with Brevard County would also result in Indian River County being placed within the jurisdiction of the Fifth District Court of Appeals, NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the Board respectfully and strenuously requests that any reorganization of judicial circuits proposed by the Supreme Court of Florida and the Court's Restructure Commission to the Florida Legislature include a recommendation that Indian River County remain within the Nineteenth Judicial Circuit and Fourth District Court of Appeals. 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 The Chairman thereupon declared Resolution No.85-114duly passed and adopted this 18th day of September , 1985. Attest: FREDA WRIGHT., Clerk CV , APPROVED �AS/TO �RM AND L SbFF ENCY By JQ&2 t . n.LilvvaV , istant County Attorney -2- SEP 8 1985 BOARD OF COUNTY COMMISSIONERS OF ,I RIVER COUNTY, FLORIDA i rman _ BOOK Lb FAl " Y, ... ., SEP 18 1985 10 DISCUSSION RE MARKETABLE RECORD TITLE ACT BOOK ;L f'A6 Commissioner Scurlock reported that he has received significant input from the community at what seems to be the 11th hour about the hearings scheduled for yesterday and today at various locations around the state to take public testimony for or against an amendment to the Marketable Record Title Act. This testimony will be reviewed at a workshop meeting in Tallahassee on October 14, and it appears there is some significant concern about how this might affect this county's agricultural interests. Another concern is that it might result in some lands being taken off the tax rolls. Administrator Wright reported that Commissioner Blackman of Gladstone County called yesterday to say that he is vehemently opposed to the amendment and asked Indian River County's Board of Commissioners not to take any action today. Assistant County Attorney Bruce Barkett explained that he put this on the Agenda today because today is the last time the study commission meets on the Marketable Record Title Act. He prepared a Resolution which would request the Florida Legislature to do everything possible to ensure that the State would not continue losing court battles when it comes to ownership of "sovereign" lands, those lands beneath navigable waters. In Indian River County, navigable bodies of water include the Indian River Lagoon, Sebastian River, Blue Cypress Lake, the headwaters of the St. Johns River and the county's entire Atlantic coastline. Attorney Barkett reviewed common laws governing titles to land below navigable waters going back many years. In 1850 Congress passed legislation permitting conveyance to the State of swamp and overflowed lands -- uplands, not lands below navigable bodies of water. Of the 35 million acres in the state, 22 million plus are swamp and overflowed lands. In their ignorance at that time of the effect on the environment, the State's policy was to fill in these wet lands, use them for development and make money from them. In 1870 the State started 87 k conveying the swamp and overflowed lands by sections and townships, but did not stipulate the land below navigable waters. As a result of all these conveyances dating back to the 1800's, title search became very difficult and in 1963 the State of Florida created the Marketable Record Title Act, which stipulated that a title search only had to go back 30 years. The intent was to simplify real property title searches in Florida, and not to facilitate wholesale inadvertent alienation of title to lands held in the State's name. Submerged lands, river, stream, and lake beds, as well as some land along coastal areas, were considered sovereign until the Marketable Record Title Act was tested in the Florida Supreme Court in 1976. However, certain decisions and interpretations of the Act have in fact resulted in the losses of title to tens of thousands of acres of lands by the State of Florida. Historically, the State has owned land beneath navigable waters, but the State never had a recorded deed to those sovereign lands. This year the State Legislature had before it some bills to correct the Marketable Record Title Act, but there was not a lot of publicity on the issue, and Attorney Barkett believed that the entire Florida Legislature has been misinformed on this matter. He urged the Board to adopt the proposed resolution which calls for the special study commission, the Governor, Cabinet and Legislature to do everything possible to prevent the Marketable Record Title Act from being used repeatedly to divest the State of its sovereign lands. Tom Hill of the Florida Farm Bureau Federated reported that landowners are worried about what this could do if the State intends to claim lands the people don't think are sovereign. He felt there was much confusion about what the State would do and what would happen to property owners' rights and that this could be a bad law, but Chairman Lyons interjected that he felt we have a bad law now. Mr. Hill did not believe that the MRTA is a bad law, and cited a case where the State is trying to claim 45,000 acres of 88 6-T r� -� ,- BOOK F�Gr S E P 18 1985 SEP 1 S. 1955 BOOK LZ P land, saying they are sovereign lands be'cause they are below unnavigable waters. Attorney Barkett stressed that navigable waters always have to be proved, and that is not the issue here today. The issue is whether an act designed to make searching titles easier should be used to divest people of this state from lakes, rivers and shorelines. Commissioner Bird felt uncomfortable in being asked to adopt one of two conflicting positions on such short notice and felt it is unfortunate that there is not enough time to schedule a hearing to receive the people's concerns. Commissioner Scurlock stated that since the State Association of Cattlemen and many agricultural groups oppose the amendment, he would be reluctant to adopt the proposed resolution. He wondered if there might not be a better vehicle. Gary Wheeler, concerned citizen, -reported that people were concerned that the State"will lay claim to properties under the guise of protecting the water systems when the on -down -the -road intent is to create another tax, such as renting dock space to people along the Intercoastal, etc. Mr. Hill read from a list of organizations and groups that were in opposition to the amendment to the Marketable Records Title Act and noted that virtually every agricultural and land organization in the State of Florida is against this amendment. Chairman Lyons stated he liked the way the County Attorney has phrased the Resolution to urge that we don't use the Act to divest the people of their lands. He felt it could not be simpler. Charles Davis of the Vero Beach -Indian River County Board of Realtors wished to speak on both sides of the issue. He believed that Attorney Barkett presented a very well thought out argument, but after hearing Dale Patchett recently express his concerns re the amendment to the Marketable Records Title Act, he has some serious thoughts about just what this will do and intended to 89 suggest to his board that they delay giving any endorsement or opposition to this matter until we see what happens specifically. Chairman Lyons appreciated Mr. Davis' concern, but stated he was inclined to agree with Attorney Barkett on this matter. Commissioner Scurlock did not feel there was a Commissioner here today that would agree to giving away public lands. Attorney Barkett suggested that we rephrase the resolution and insert "sovereignty" to protect the lands below navigable waters. Commissioner Wodtke wished this matter had been on the Agenda a couple of weeks ago since 20-30 organizations are opposed to the amendment. MOTION WAS MADE by Commissioner Bird, SECONDED by Commissioner Wodtke, that the Board take no action on either position presented today on this in-depth issue and wait to see what happens as it proceeds through the Legislature. Under discussion, Commissioner Scurlock felt the Commission did not want to give the impression that we are willing to give away our sovereign lands, and he would like to see some request given with respect to that. Commissioner Bowman pointed out that the proposed Resolution simply asks the the Governor and Cabinet to exercise the utmost haste and diligence to prevent the future utilization of the title act to divest the state of sovereign lands held in the name of the State of Florida. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried 3-2, with Chairman Lyons and Commissioner Bowman dissenting. 90 S E P 18 1995 BOOK �� F�G��,'J S E P 19 1985BOOK > 2' �� F'AGE:�,�' TREASURE COAST REGIONAL PLANNING COUNCIL MEETING RE TRAFFIC DESIGNATIONS Chairman Lyons advised that traffic corridor designations will be the topic of discussion at Friday's meeting of the Treasure Coast Regional Planning Council. Apparently, there is a new State policy with the DOT where we mark out the additional right-of-way acquisition that we want and the DOT will cooperate in getting these right-of-ways at an earlier time to save money. The following right-of-ways are mentioned for Indian River County: 1-95, U.S. #1, Indian River Boulevard, CR -611 from the St. Lucie Co. line to SR -60, AIA from the St. Lucie Co. line to the Brevard Co. line, the Florida Turnpike from the Okeechobee Co. line to the Osceola Co. line, and CR -512 north from SR -60. Chairman Lyons asked if it will show that future plans call for Indian River Boulevard to go further north than 53rd Street. Commissioner Scurlock felt we need to include that and should ask for a bit more time to respond. Administrator Wright suggested that Commissioner Bird ask the Council to delay Indian River County's part until the Public Works Director can respond back re some additional right-of-way acquisition. ON MOTION by Commissioner Bird, SECONDED by Commissioner Scurlock, the Board unanimously authorized Commissioner Bird to request some additional time from the Regional Planning Council to allow Indian River County to determine and request some right-of-way acquisition in addition to the right-of-ways mentioned above. 91 AUTHORIZATION FOR OUT -OF -COUNTY TRAVEL - MANAGING MEGAGROWTH CONFERENCE ON MOTION by Commissioner Bird, SECONDED by Commissioner Bowman, the Board unanimously authorized out -of -county travel for Commissioners and staff to attend the 1985 Legislative Response, Managing Megagrowth Conference to be held in Tampa, Florida on October 18-19, 1985 and in West Palm Beach, Florida on November 22-23, 1985. CONTRACT WITH ARCHITECT FOR COUNTY GOLF COURSE Administrator Wright advised that the following changes need to be made in the contract under the Scope of Services: Page 1 A. 3) third line: add: "cart storage, club house and driving range." E. add as item 12_ "During construction, architect or his representative will make at least one weekly trip to the site." Page_2 Delete from bottom_ of page: "ARCHITECT shall be reimbursed for reproduction and travel expenses related to the job." Commissioner Scurlock suggested that we make sure that one of the main principals of the architectural firm visits the site. Administrator Wright noted that another modification had been made which outlines more clearly that the architect will be doing construction documents on an 18 -hole course and design documents on a 27 -hole course. BOOK �t FAGec�J BOOK ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously approved the architectural contract with Links Design, Inc. (Ronald M..Garl, President) for the county golf course with the modifications as noted, and authorized the Chairman's signature. CONTRACT WILL BE PUT ON FILE IN THE CLERK'S OFFICE WHEN FULLY EXECUTED AND RECEIVED NAMING OF COUNTY GOLF COURSE Commissioner Bird felt the name for the new golf course should tie in with the location of the project and suggested "Sandridge Golf Club". ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wodtke, the Board unanimously approved the name of "Sandridge Golf Club" for the new County golf course. NORTH COUNTY FIRE DISTRICT The Board of County Commissioners recessed at 12:25 o'clock P.M. in order that the District Board of the North County Fire District might convene. Those Minutes are being prepared separately. The Board of County Commissioners reconvened at 12:30 o'clock P.M. with the same members present and, there being no further business, on Motion duly made, seconded and carried, immediately adjourned. ATTEST: ZLIL Clerk 93 I� ISI i