HomeMy WebLinkAbout11/6/1985Wednesday, November 6, 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,
November 6, 1985, at 9:00 o'clock A.M. Present were Patrick B.
Lyons, Chairman; Don C. Scurlock, Jr., Vice Chairman; Richard N.
Bird; and Margaret C. Bowman. Absent was Commissioner William C.
Wodtke, Jr., who was out of town. Also present were Michael J.
Wright, County Administrator; L. S. "Tommy" Thomas, Intergovern-
mental Relations Director; Charles P. Vitunac, Attorney to the
Board of County Commissioners; and Virginia Hargreaves, Deputy
Clerk.
The Chairman called the meeting to order and led the Pledge
of Allegiance to the Flag.
ADDITIONS TO THE AGENDA
Chairman Lyons informed the Board that the Judges have
arranged to recess their courts to come over here at 11:30 A.M.
and talk about the jail overcrowding situation, and he would like
to add this as a time certain item. Secondly, he has received a
letter from Michael O'Grady, President of Indian River Memorial
Hospital, Inc., requesting that the Chairman of the Board write a
letter to the DHRS indicating support of the variance they are
seeking for the ALS system, and he would like to add this to the
agenda also.
Commissioner Bird asked if the item on discussion of jail
construction would be at heard at 11:30 A.M. also, and this was
agreed.
Administrator Wright requested that award of the bid on the
citrus crop from the grove purchased by the.Utilities Department
be added to today's agenda.
Attorney Vitunac wished to announce that an abandonment of a
s �9�5 BOCK fA1i "7
NOV 6 1985
BOOK 62 PA ,)F 628
portion of Old Dixie was advertised, but has not been scheduled
by staff; it therefore, will not be heard today.
Administrator Wright believed the applicant has withdrawn
his request, and this was confirmed by Planning Director Keating.
Attorney Vitunac agreed, but pointed out that this item was
advertised for today and, therefore, it was necessary to make the
announcement in case anyone read the ad and came in for the
hearing, which is not on the agenda.
ON MOTION BY Commissioner Scurlock, SECONDED
by Commissioner Bird, Commissioner Wodtke being
absent, the Board unanimously (4-0) added the
above described items to today's agenda.
APPROVAL OF MINUTES
The Chairman asked if there were any corrections or
additions to the Minutes of the Regular Meeting of October 2,
1985. There were none.
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Bird, the Board unanimously (4-0)
approved the Minutes of the Regular Meeting of
October 2, 1985, as written.
The Chairman asked if there were any corrections or
additions to the Minutes of the Regular Meeting of October 9,
1985. There were none.
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Bowman, the Board unanimously (4-0)
approved the Minutes of the Regular Meeting of
October 9, 1985, as written.
2
CONSENT AGENDA
Chairman. Lyons requested that Items E, F, I and H, be
removed from the Consent Agenda for discussion.
A. Renewal Pistol Permits
The Board reviewed memos of the County Administrator, as
follows:
TO: The Honorable Members of DATE: October 18, 1985 FILE:
the Board of County Commissioners
SUBJECT: pistol Permit - Renewals
FROM: Michael Wright REFERENCES:
County Administrator
The following have applied through the Clerk's office for
renewal of pistol permits:
Arthur C. Jacobs
George Keppell
All requirements of the ordinance have been met.
TO: The Honorable Members of DATE: Oct. 29, 1985 FILE:
the Board of County Commissioners
SUBJECT: Pistol Permit Renewals
FROM: Michael Wright REFERENCES:
County Administrator
The following have applied through the Clerk's Office for
renewal of pistol permits:
Wilford B. Needs
Marjorie E. Upton
All requirements of the ordinance have been met.
3
BOOK 62 PAGE 629
HEN
J
NOV b -1985
BOOK
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Bowman, the Board unanimously
(4-0) approved the renewal applications for
a permit to carry a concealed firearm for:
Arthur C. Jacobs
George Keppell
Wilford B. Needs
Marjorie E. Upton
62 PAGE 630
B. Reports Filed
The following were received and placed on file in the Office
of the Clerk:
1. Amended Minutes of the Annual Meeting of
Landowners of Sebastian River Drainage District.
(Replacing Minutes of 9/9/85)
2. Operational Hours of the Fellsmere Volunteer
Ambulance Service.
C. Final Assessment Roll - 1st St. bet. 18th & 20th Aves.
The Board reviewed memo and recommendation of Michelle
Terry, Chief, Road Design Section:
TO: THE HONORABLE MEMERS OF DATE: October 21, 1985 FILE:
THE BOARD OF COUNTY COMMISSIONERS
THROUGH:
Michael Wright,
County Administrator SUBJECT: Fes' ASSESSM"" ROLL _
1st Street between 18th Avenue
James W. Davis, P.E and 20th Avenue
Public Works Directo
FROM: REFERENCES:
Michel a A. Terry,
Chief, Road Design Section
DESCRIPTION AND CONDITIONS
The paving of 1st Street between 18th & 20th Avenue is ccanplete. The final
cost and preliminary estimate for the work was:
Final Cost/FF Prelim. Cost/FF Final Cost Prelim. Estimate
1st Street $7.01 $10.06 $10,140.47 $14,550.26
The construction costs are under the original estimates. The Final
Assessment roll has been prepared and is ready to be delivered to the Clerk
4
to the Board. Assessments are to be paid within 90 days or in two, equal
installments, the first to be made twelve months from the due date and the
second to be made twenty-four from the due date at an interest rate of 1%
over the Prime Rate established by the Board of County Commissioners.
ALTERNATIVES AND ANALYSIS
Since the- final assessment to the benefited owners will be less that the
computed on the preliminary assessment rolls, the only alternative
presented is to approve the final assessment rolls.
REC01!MENIDATION AND FUNDING
It is recommended that the Final Assessment Roll for the paving of 1st
Street be approved by the Board of County Commissioners and that they be
transmitted to the Office of the Clerk to the Board for collection.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
approved the Final Assessment Roll for the paving
of 1st Street between 18th and 20th Avenues at a
final cost of $10,140.47 and at an interest rate
of 1% over prime, or 101%, and directed that the
Roll be transmitted to the Office of the Clerk to
the Board for collection.
D. Voucher - Housing Assistance Payments gr
The Board reviewed the following memo from the Finance
Department:
5 BOOK 62 PAGE 631
BOOK 62 PAGE 6.32
TO: The Honorable Members of DATE: October 29, 1985 FILE:
the Board of County Commissioners
SUBJECT: Report on Voucher for Payment of
Annual Contributions - Housing
Assistance Payments Program
FROM: Finance Department REFERENCES:
The attached HUD Form 52681, covering the 1984/85 Fiscal Year,
was prepared by the Section 8 Rental Assistance staff with the
concurrence of the Finance Department.
We respectfully request that the Honorable members of the Board
of County Commissioners authorize the Chairman's signature for
submission to the U. S. Department of Housing and Urban Development.
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Bowman, the Board unanimously
(4-0) approved submission of the Voucher for Pay-
ment of Annual Contributions, Housing Assistance
Payments Program to the DHUD and authorized the
signature of the Chairman.
C
6
� � r
lanuary 1976
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
VOUCHER FOR PAYMENT OF ANNUAL CONTRIBUTIONS
HOUSING ASSISTANCE PAYMENTS PROGRAM
SECTION 23 C SECTIONS
(See Instructions on reverse)
FOR HUD USE ONLY
(Voucher Number)
FOR FISCAL YEAR ENDED
9/30/85
NAME AND ADDRESS OF PUBLIC HOUSING AGENCY Including 2 P Code)
Indian River County Board of County Commissioner
1840 25th St., Suite S-319
Vero Beach, Fla. 32960-3394
AC CONTRACT NUMBER
A-.3409
PROJECT NUMBER
FL29-E132-001/003
HUD FIELD OFFICE
325 W. Adams St.,
Jacksonville, Fla. 32202-4303
TYPE OF PROJECT (Check One) BEGINNING DATE OF FIRST
FISCAL YEAR
NEW REHAB EXISTINGW 7/l/79
HUD REGIONAL OFFICE
75 Spring St., S.W.
Atlanta, Ga. 30303
NUMBER OF DWELLING UNITS NUMBER OF UNIT MONTHS
UNDER ACCUNDER LEASE
214 182 1 2,090
Request is hereby made for the payment of annual contributions payable pursuant to the terms
ed Annual Contributions Contract 'for the project and the fiscal year shown above, as set forth
MAXIMUM ANNUAL CONTRIBUTIONS AVAILABLE
1. Maximum Annual Contribution Authorized - per Annual Contributioni Contract
2. Pro Rata Maximum Annual Contribution Applicable to a Period of
Less Than Twelve (12) Months
3. Maximum Annual Contribution For Fiscal Year (Lines 1 and 2)
4. Contingency Reserve(Account 2825) for Section 23 projects or Project Account
(Account 2827) for Section 8 projects - Balance at beginning of Fiscal Year
5. Total Annual Contributions Available (Lines 3 and 4)
APPROV$�I�{IATE OF
ANNUAL CONTRIBUTIONS REQUIRED ANNUAL++f� FE#(1TIONs
6. Housing Assistance Payments (Account 4715)
7. Administrative Fee (see Instructions) 79.106t65.-375
8. Preliminary Administrative Expense - Prior to ACC (Acct. 4oio)
9. Preliminary Administrative Expense - After ACC (Acct. 4ol2) 2,351
10. Nonexpendable Equipment (Accounts 7520 and 7540)
11. Security and Utility Deposit Fund (section 23 Projects onty) '
12. Independent Public Accountant Audit Costs 2,500
13. Total Funds Required - Current Year (Lines 6 through 12)
14. Deficit at End of Preceding Fiscal Year
15. Total Funds Required (Lines 13 and 14) 1 678,827
16. Project Receipts other than Annual Contributions (Accts: 3610, 3690, and 7530)
17. Total Annual Contributions Required (Line 15 minus Line 16)
EXCESS OR DEFICIT IN ANNUAL CONTRIBUTIONS AVAILABLE
18. Excess (Amount byuhich Line 5 exceeds Line 17)
19. Deficit (Amount by which Line 17 exceeds Line 5)
YEAR-END SETTLEMENT
20. Annual Contributions Due for Fiscal Year (Line 17 minus Line 19)
21. Total Partial Payments Received by PHA for Fiscal Year
22. Underpayment Due PHA (Amount by which Line 20 exceeds Line 21)
23. Overpayment Due HUD (Amount by which Line 21 exceeds Line 20)
STATUS OF PROJECT ACCOUNT (Section.8 projectsonly)
24. Project Account - Balance at the End of Fiscal Year (Account 2827) (Line 18)
25. Provision for Project Account (Account 7o27)
a. Increase (Amount by which Line 24 exceeds Line 4)
b. Decrease (Amount by which Line 4 exceeds Line 24)
STATUS OF CONTINGENCY RESERVE (Section 23 projects only)
26. Contingency Reserve - Balance at the End of Fiscal Year (Account 2825)
(Line 18 or 10% of Line 1, whichever is lesser)
27. Provision for Contingency Reserve - (Account 7025)
a. - Increase (Amount by which Line 26 exceeds Line 4)
b. Decrease (Amount by which Line 4 exceeds Line 26)
STATUS OF SECURITY AND UTILITY DEPOSIT FUND (Section 23 projects only)
28. Security and Utility Deposit Funds Provided, Account 2168.1
29. Security and Uti lity Deposits '- Uncollectible Advances, Account 2168.2
30. Balance of Security and Utility Deposit Fund (Line 28 minus Line 29)
31. Accounts Receivable - Advances for Security and Utility Deposits Account 1127
32. Security and Utility Deposit Funds Available (Line 30 minus bine 31)
and conditions of the above number-
in the following statement: -
REQUESTED BY PHA HUD ADJUSTMENTS
(2) (3)
-
545,112
59.699
2,
446.77-7-
446,777
6,777
P, t
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I CERTIFY that housing assistance payments have been or will be made only with respect to units which: (1) are under lease by Families at the time such
housing assistance payments are made except as otherwise provided in the Housing Assistance Po ants Contracts and (2) the Housing Agency has, within, one
year prior to the making of such housing assistance payments, adequately inspected or soused be i spected (Including inspection of grounds, lectltetes, end
r g accam ations are being provided; that all applicable provisions
areas for the benefit and use of the Families) to assure that decent, safe and sanitary hoiit
of the above numbered Annual Contributions Contract have been complied with by the Ho ing gen ; and that this Voucher for Annual Contributions has been
examined by me and to the best of my knowledge and belief It Is true, correct and comp e.
Board of County Commissioners 11-6-85 hairman
(Name of Public Housing Agency) (Date) . -anature and ritre of /tete/ Authorized to Certify)
V 6 1985 BOOK 62 FAGE 6x33
E, F, H & I.
TTfie-Rouse o
T-Tim-ee s -R cRa
BOOK 62 FADE 6.34
Installment Plan Payment of Water Impact Fees -
GO-dT7Euge-`ne CFiarTes-Rristo-TGeorge Gipson
son
The Board reviewed staff memos, as follows:
TO: THE HONORABLE BOARD OF
COUNTY COMMISSI ERS
THRU: TERRANCE G P O, DIRECTOR
UTILITY SERVIC S
C-2��
FROM: JEFFREY K. BARTON, ASSISTANT
DIRECTOR, UTILITY SERVICES
DESCRIPTION AND CONDITIONS
DATE: OCTOBER 29, 1985
SUBJECT: THE HOUSE OF GOD
PAYING WATER IMPACT FEES
ON AN INSTALLMENT PLAN
The House of God, at 685 - 9th Street, S.W. is requesting permission from
the Honorable Board of County Commissioners to pay water impact fees on an
installment plan. This request came to this Department by letter dated
October 7, 1985, from The Reverend Ethel M. Jones (attached hereto). The
cost for The.House of God to receive County water will be:
Impact Fees $1,140.00
Tapping Charge $ 186.50
Meter Installation $ 115.00
Jack & Bore $ 400.00
Deposit $ 40.00
Total
$1,881.50
If the Honorable Board of County Commissioners deems that an installment is
appropriate then the Utility Department would like to propose the following
terms:
The impact fee of $1,140.00 be paid over a sixty (60) month
installment period at an interest rate of 10-1/20. The monthly
payment will be $24.51 and the first payment is due immediately. The
customer's initial cash outlay will be as follows:
Tapping Charge $ 186.50
Jack & Bore $ 400.00
Meter Installation $ 115.00
Deposit $ 40.00
First Installment $ 24.51
Total $ 766.01
RECOMMENDATION
Staff recommends that the Honorable Board of County Commissioners approve
The House of God's request to pay impact fees in the sixty (60) month
installment plan as indicated above.
8
TO: THE HONORABLE BOARD OF
COUNTY COMMISSIONERS
THRU: TERRANCE� P O, DIRECTOR
UTILITY SERVI S
FROM: JEFFREY K'. BARTON, ASSISTANT
DIRECTOR, UTILITY SERVICES
DESCRIPTION AND CONDITIONS
DATE: OCTOBER 29, 1985
SUBJECT: EUGENE CHARLES BRISTOL
PAYING WATER IMPACT FEES
ON AN INSTALLMENT PLAN
Mr. Eugene Charles Bristol, of 2555 - 44th Street, is requesting permission
from the Honorable Board of County Commissioners to pay water impact fees
on an installment plan. This request came to this Department by letter
from the Agricultural Resource Management signed by Cheryl A. Bowden, --
Office Manager (attached hereto). The cost for Mr. Bristol to receive
County water will be:
Impact Fees $1,140.00
Tapping Charges $ 186.50
Meter Installation $ 115.00
Deposit $ 40.00
Total $1,481.50
If the Honorable Board of County Commissioners deems that an installment
plan is appropriate then the Utility Department would like to propose the
following terms:
The impact fee of $1,140.00 be paid over a sixth (60) month
installment period at an interest rate of 10-1/20. The monthly
payment will be $24.51 and the first payment is due immediately. The
customer's initial cash outlay will be as follows:
Tapping Charge $ 186.50
Meter Installation $ 115.00
Deposit $ 40.00
First Installment $ 24.51
Total $ 366.01
RECOMMENDATION
Staff recommends that the Honorable Board of County Commissioners approve
Mr. Bristol's request to pay impact fees in the sixty (60) month
installment plan as indicated above. .
9
Nov, 1 Boa 62 PAGE 635
Np 6 1985
.TO: THE HONORABLE BOARD OF DATE:
COUNTY COMMISSIONERS
THRU: TERRANCE G. PIN60 SUBJECT:
DIRECTOR, UTILITI
FROM:
JOSEPHA. BAIRD
ASSISTANT DIRECTOR, UTILITIES
DESCRIPTION AND CONDITIONS
BOOK G2 FAGE
AUGUST 28, 1985
GEORGE GIBSON PAYING WATER
IMPACT FEE ON INSTALLMENT
PLAN
Mr. George Gibson, owner of a commercial building located at
3050 45th Street is requesting permission from the Honorable
Board of County Commissioners to pay water impact fees on an
installment plan. The cost for Mr. Gibson to receive County
water will be:
Impact Fee $1,140.00
Meter Installation $ 115.00
Road Crossing (Jack & Boar) $ 360.00
Tapping Charge $ 186.50
Inspection $ 20.00
TOTAL $1,821.50
RECOMMENDATIONS
If the Board of County Commissioners deems that an installment
plan is appropriate, then the Utility Department would like to
propose the following terms:
The impact fee of $1,140.00 be paid over a twenty-four (24)
month installment period at an interest rate of 10-1/2%.
The monthly payment will be $52.88, and the first payment is
due immediately. The customer's initial cash outlay will be
as follows:
Meter Installation $ 115.00
Road Crossing $ 360.00
Tapping Charge $ 186.50
Inspection $ 20.00
First Installment $ 52.88
Initial Cash Outlay $ 734.38
23 Monthly Installments at $ 52.88
10
L
TO: The Honorable Members of DATE: October 29, 1985 FILE:
the Board of County Commissioners
THUR: Terrance G. PinSUBJECT: MR. JAMES RICHARDSON
Utility Service D erector PAYING WATER IMPACT FEES
ON AN INSTALLMENT PLAN
Josep A. Baird Attachment -
FROM: Assistant Utility DirectREFERENCES: Mr. Richardson's Letter
Mr. James Richardson is constructing a home on 32 Avenue and is
requesting permission from the Honorable Board of County Commissioners
to pay water impact fees on an installment plan. Mr. Richardson's -
total cost to receive County water will be $1,481.50:
Impact Fee
Tapping Charge
Meter Installation
Deposit
Total
$1,140.00
186.50
115.00
40.00
$1,481.50
If the Board of County Commissioners deems that an installment
plan is appropriate, the Utility Department would like to
propose the following terms:
The impact fee of $1,140.00 be paid over a 60 month
installment period at an interest rate of 11 1/2%. The
monthly payment will be $25.08 the first payment is due
immediately.
The customers entail cash outlay will be as follows:
Tapping Charge $ 186.50
Meter Installation 115.00
Deposit 40.00
First Installment
Payment 25.08
Entail Cash Outlay $ 366.58
59 Monthly Installments at $25.08
ALTERNATIVES:
1. The Honorable Board of County Commissioners allow Mr. James
Richardson to pay impact fees on a 5 year installment plan.
2. The Honorable Board of County Commissioners disallow
Mr. James Richardson to pay impact fees on a 5 year installment
plan.
RECOMMENDATION:
The Utility Department recommends the Honorable Board of County
Commissioners allow Mr. James Richardson to pay impact fees on
an installment basin under the terms stated above.
11
NOV 6 1985
Lh-
BOOK 62 PAGE 0,37
NOV 6 1985 BOOK 62 f AG€ 638
Chairman Lyons wished discussion of this item as well as
other similar ones on the Consent Agenda today because he felt if
someone needs to have their impact fees paid on an installment
plan, they very likely need to have all their expenses handled
this way. For example, it seems that The House of God will have
to come up with $766.01 right away for the tapping charge, meter
installation, etc., and he would like to find a way for the
entire cost to be put on a deferred payment plan.
Utilities Director Pinto advised that staff has recognized
that same problem; however, the present ordinance allows us to
spread only the impact fees over the five years. An amendment is
presently being prepared that will allow the inclusion of other
items under the same plan.
The Chairman asked if people understand they have to make
this initial payment, and Director Pinto confirmed that they do
and they have all agreed.
Commissioner Scurlock noted that this program actually is
intended only for those who have difficulty in getting a loan
from a bank since we are not in the finance business.
Commissioner Bird felt we should be as accommodating as we
can, especially if we are not into a cash flow problem in
Utilities, and he believed we will be kept appraised of that.
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Bird, the Board unanimously (4-0)
approved the requests of the following to pay
impact fees on the installment plan indicated
for each: The House of God
Eugene Charles Bristol
George Gipson
James Richardson
G. Release a Portion of Escrowed Funds - Atlantis Subdivision
The Board reviewed memo of Staff Planner Boling, as follows:
12
TO: The Honorable Members DATE: October 29, 1985 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE: RELEASE OF A PORTION OF
SUBJECT: REMAINING ESCROWED FUNDS
. HELD FOR IMPROVEMENTS IN
Robert . Keati g, CP ATLANTIS SUBDIVISION
Planning„& Development Director
FROM: Stan Boling 4, 6• REFERENCES: E
Staff Planner SPACE
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular business meeting of November 6, 1985.
DESCRIPTION AND CONDITIONS:
The developer of Atlantis Subdivision, Salama Development
Corporation, through its agent, Lloyd & Associates, Inc., is
requesting the release of a portion of the $9,890.00 held in
escrow under the terms of a three party agreement executed by
the County on March 20, 1985. The $9,890.00 remaining.in the
United Savings of America escrow account covers clean-up work
and the construction of a required dune crossover. All but a
small portion of the crossover (a gazebo) remains to be
constructed. The developer is requesting the release of
$9,016,00 so that he can pay for the crossover construction and
have the job completed.
ALTERNATIVE AND ANALYSIS:
The Public Works Division has inspected the improvements and is
satisfied with the work performed. Public Works is in
agreement with the request.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners adopt
the attached resolution authorizing the release of $9,016.00
from the funds remaining in the Atlantis Subdivision escrow
account, held by United Savings of America, to the developer,
and authorizing the remaining $874.00 to remain in the escrow
account.
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Bowman, the Board unanimously
(4-0) approved Resolution 85-129 authorizing
the release of $9,016 to Salama Development
Corporation from the funds remaining in the
Atlantis Subdivision escrow account, the
balance of $874 to remain in escrow.
13
411.
NOV 6 1985 EK PA -1E 639,
L-- ._
RESOLUTION 85-129
BOOK 62 PACE640 I
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA AUTHORIZING THE RELEASE OF A PORTION OF THE
REMAINING FUNDS HELD UNDER THE TERMS OF AN ESCROW AGREEMENT
BETWEEN SALAMA DEVELOPMENT CORPORATION, UNITED SAVINGS OF
AMERICA, AND INDIAN RIVER COUNTY.
WHEREAS, Indian River County (County), Salama Development
Corporation (Developer), and United Savings of America (Bank)
have entered into a cash deposit and escrow agreement; and
WHEREAS, under the terms of said agreement, the Developer
has made a written request for a partial disbursement of funds
held to guarantee required improvements, and for retention of
remaining funds to secure the completion of the dune walkover;
and
WHEREAS, under the terms of said agreement, the Public
Works Director has caused an inspection of the required
improvements, is. satisfied with the work performed, and
recommends disbursement of a certain portion of the funds held
in escrow by the Bank.
Now,, therefore, be it resolved by the Board of County
Commissioners of Indian River County, Florida that:
The Bank is hereby authorized to disburse funds from the
escrow account in the amount of $9,016.00 to the Developer
or any third party or parties upon which the Bank and
Developer agree. 'Funds in the amount of $874.00 shall
remain in the escrow account to secure completion of the
dune walkover and site clean-up, under the same terms as
the existing agreement.
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. Absent
The Chairman thereupon declared the resolution duly passed and
adopted this 6th day of November
1985.
ATTEST:
BY:
FREDA WRIGHT, CLE
14
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
BY: / G
DON C. SCU LOCK, iv -
VICE CHAIRMAN
J. Second Quarterly Payment - Sec. 8 Existing_ Housing Rental
Ass stance rogram - - --
The Board reviewed memo from the Executive Director of the
Housing Authority:
TO: Board of County Commissioners DATE: 10/29/85 FILE:
THRU: Michael Wright
County Administrator SUBJECT'
• Requisition for the Second
Quarterly Payment FY 86 of
Annual Contributions Contract -
Section 8 Existing Housing
Rental Assistance Program
FROM: Edward J. ga REFERENCES:
Executive Di ector
IRC Housing thority
WW"
It is recommended that the data herein presented be given formal
consideration by the County Commission.
In order to requisition funds quarterly from the U.S. Department of
Housing and Urban Development to operate our Section 8 Housing Assistance
Program, we are required to submit three (3) executed copies of HUD Form
52663. This is consistent with our Annual Contributions Contract entered
into on December 30, 1978 and as amended August 3, 1982 and May 1, 1985.
I respectfully request the Board of County Commissioners authorize the
Chairman to execute the three copies of HUD Form 52663 for the Second Quar-
terly payment.
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Bowman, the Board unanimously
(4-0) authorized the Chairman to execute three
copies of HUD Form 52663 for the Second Quarterl,-
Payment under the Section 8 Housing Assistance
Program.
15
BOOK
62 PAGE 641
Nov 6 1985
BOOK 62 'FA;E 642
Requisition for Partial Payment
U.S. Department of Housing
1/. Estimated Numbw of Units to
be Under Luee al End of
_
of -Annual Contributions
and Urban Development
of Requested Quarter by Installment (Una 31 plus
arty overpayment or minus any underpayment on
it;
as at Date of Repulal an
Section 8 and Section 23
air
Note: See Instructions in appropriate program handbooks
Housing Assistance Payments Program
185
i
OMB No. 2502-0348 (exp. 10/31 /86)
I. F.uOmu Type (MSK oral
Z Date of Reaubuaon Z Fa Quint EnNny
A Na. of YaMra b tw FY
,. Ftolew N0.
Cumulatl,e Funds
Rstpdre l
❑ Section 23 ® Section B
11/1/85 3/31 /86
12
F L 2 9 1 3 2
0 0 1
0 0 3
0. Public Na sing Agency Watts wM Ad6ns)
7. 0".. ry Bw111(Naete s" Addraee)
110185
Indian River County Board of County
_
Southeast Bank;-N.A.r-
34,850
Commissioners
Vero Beach, Banking Center
120,270
1840 25th St., Suite S-319
Box 140
Vero Beach, Fla. 32960-3394
Vero Beach, Fla. 32960
0
,. PHA Armor rwrolbw)w,. Contract No.
a Depoebary Bw* Accuind Ne.
16. Carry Over of Preliminary Administrative and General
A-3409
#107-4.53490
10. Housing Pregraat Type ptars ora)
�-
❑ (a) Naw Cotutruwtee ❑-(b) Substantial ,nablibenlan ❑ (el Moderate Rehabilitation➢UI (d) Wain NeaWng certificates
❑ (s) wmkv Vaeehera
11. PHA Fiscal Year Em ft Ogle (Mute ora bee and complMe yes,
0
0
❑ (a) March 31, ❑ (b) Jura 30. n tel Aaet-- ,n n
12.Number w Units Un Law to
Ellglble FemUW n o Due
of Rs4ulafUon
Awrs,e Monthly HeuYng
ASWeteras psymnl Pw Ilul
1/. Estimated Numbw of Units to
be Under Luee al End of
10. Unll Mombs Und., in"
Year to Date
Awage MwnMT tlauWtq
Aewstettra Pa7nraw Par Una
of Requested Quarter by Installment (Una 31 plus
arty overpayment or minus any underpayment on
it;
as at Date of Repulal an
111-tr d Onanw
42;'710
116
Tear te Dab
192
185
214
1224
185
Ewimaw o/ Repvas0
AnmMl Cwdribuliona
Trial cow bmurad
and Fen Eanad
Eafima ed Additional
cow unit Fees Earcsd
Cumulatl,e Funds
Rstpdre l
T_ t. one
to EtMQRequested
(d)
-
MM DO YY
cel
110185
and 33)
34,850
42,710
42,710
120,270
IT. Preliminary Administrative and General Expense
0
0
0
•0
16. Carry Over of Preliminary Administrative and General
Expense Approved in Previous Fiscal Year
0
0
0
0
19- Preliminary Non -Expendable Equipment Expense
0
0
0
20. Carry Over of Preliminary Non -Expendable Equipment
Expense Approved In Previous Fiscal Year
0
0
0
21. Estimated Housing Assistance Payments
(Account 4715) 588,56-4,
70,084
156.325
226.409
2Z Estimated Ongoing Administrative Fee
68,578
10,670
23,790
23. Estimated Hard-to-HouseFee (Existing
Housing Certificates and Housing Vouchers Only) 900
24. Total Independent Public Accountant Audit Costs
(Section 8 Only) 2.500
25 Total Allowance Approved for Security and Utility
Deposits (Section 23 Only)
Amount of Requisition
26. Total Costs Incurred to Date (Sum of Unes 17
through 25)
80,844
27. Total Funds Required to End of Requested Quarter
(Sum of Unes 17 through 25)
261,184
26. Payments Received to Date
88,703
29. PaymenFiscal =is Previously Approved for Fil Year
to Dace
133,055
30. Over or Underpayment to Date (Difference of Une 28
and Una 26. Do not use brackets)
7,859
31. Partial Payment Requirement During Requested
Quarter (Una 27 minus Una 29)
128,129
j
Previous Editions Are Obsolete
Page 1 of 2 HUD -52663 (2.85)
HB 7420.7
Method of Payment
3Z Total Estimated Additional Funds Required to End
Paw f w mom
s.eaM intuit
Tmro r resat
Tam
of Requested Quarter by Installment (Una 31 plus
arty overpayment or minus any underpayment on
42,709
42,710
42;'710
128,129 -
Une 30 divided Into three installments).._
-
,.
33. Less AnyOverpayment or Plus Any Underpayment
from Una 30.
7,859
-
-
7,859
34. Requested Installment Payments (Sum of Unes 32
and 33)
34,850
42,710
42,710
120,270
1 Certify that (1) housing assistance payments have been or will be made only In accordance with Housing Assistance Payments
Contracts or Housing Voucher Contracts In the form prescribed by HUD and In accordance with HUD regulations and requirements;
(2) units have been inspected by the PHA in accordance with HU ations and requirements; and (3) this requisition for annual
contributions has been examined by me and to the best of m owled
and belief is true, correct and complete.
wau w PtrslM MaeWep Agaruty `tie of Oige I (ay way
Board of County Commissioners- l
Chairman - 11- -85
egnwue etas This of Asti WMW NUD Apwardw olawW Mita Dwy
16
SUPPORTING DOCUMENTATION SCHEDULE
FOR HUD -52663
REQUISITION FOR PARTIAL PAYMENT OF ANNUAL CONTRIBUTIONS (Basis for {.ines 21 & 22)*
Project No. FL29-E1327001/003 Quarter Ending March 31- 1986
HAP PAYMENTS
Actual - Months of October and November
Actual HAP Payments: $70,084, (Line 21 col. b)
No. of Units = 187 + 192 (_) 379
Average HAP/unit = 184.92 (or) 185
Estimate for remainder of period - 12/1/85 to 3/31/86
Unit Months 845
Average HAP/Unit x) 185
Total Estimated HAP =) 156,325 (Line 21 col. c)
TOTAL ACTUAL AND ESTIMATED HAP $226,409 (Line 21 col. d)
ADMINISTRATIVE FEES
Actual - Months of October and November
No. of Unit Months 379
2 BR Fair Market Rent (FMR) x 368
Applicable % x .0765
Administrative Fees Earned $10,670
Estimated
Month Units 2BR Applicable
FMR %
Dec. 203 (x) 368 (x) .0765
Jan. 214 x) 368 (x) .0765 (_)
Feb. 214 �x) 368 (x) .0765
March 214 (x) 368 (x) .0765 (_)
TOTAL ACTUAL AND ESTIMATED ADMINISTRATIVE FEES
(Line 22 col. b)
Estimated Adm.
Fee
$5,715
6,025
6,025
6,025
$23,790 (Line 22 col.c)
$34,460
*Column and Line numbers in parenthesis refer to line numbers of Form HUD -52663.
K. Proclamation - Arts Festival Week
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Bowman, the Board unanimously
(4-0) approved the following Proclamation
designating the week of November 2nd through
November 16th, 1985 as ARTS FESTIVAL WEEK in
Indian River County.
17
BOOK
62 PAGE 643
WK 62 PAGE 644
P R O C L A M A T I O N
WHEREAS, THE INDIAN RIVER ARTS COUNCIL will
sponsor an ARTS FESTIVAL WEEK; and
_ I M
I
WHEREAS, THE INDIAN RIVER ARTS COUNCIL is a
not-for-profit corporation consisting of some twenty
( cultural groups from this area; and
WHEREAS,, The ARTS FESTIVAL WEEK gives Indian
River County recognition as a focal point of culture
and art appreciation all along the east coast of
Florida: �
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF ;
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA
That the week of November 2nd through November 16th, i
1985 be designated as
ARTS FESTIVAL WEEK
BE IT FURTHER PROCLAIMED That the Board, on behalf
of itself and the citizens of this County, expresses
appreciation to THE INDIAN RIVER ARTS COUNCIL for
giving this fine program to our community and urges the
citizens of the County to support theARTS- FESTIVAL
WEEK, both in spirit and financially.
BOARD OR COUNTY COMMISSIONERS
INDIA R COUNTY, FLORIDA
ick B. Lyo ,
Chairman
ATTEST:
Freda Wright, �Clk
18
L. Change Order #1 - 82nd_Ave. _& 8th St. Water Line Change
The Board reviewed memo from the Utilities Department:
TO: THE HONORABLE BOARD OF DATE: OCTOBER 16, 1985
COUNTY COMMISSIONERS
THRU: TERRANCE G. PI SUBJECT: PROJECT U85-04 DS THE
82ND AVENUE AND 8TH
STREET WATER LINE CHANGE
r ORDER NO. #1 IN THE
AMOUNT OF $20,351.00
FROM: JOSEPH A. - RD
DESCRIPTION AND CONDITIONS
The original location of the Route 60 Wastewater Plant and force main was
changed after the 82nd Avenue and 8th Street water line had been designed
and advertised for bid. The location change of the sewer plant has
required the water line to be extended an additional 1,250 lineal feet, at
a cost of $20,351.00.
ALTERNATIVES
1. Approve Change Order No. #1 to extend the water line an additional
1,250 lineal feet at a cost of $20,351.00.
2. Disapprove and deny Change Order No. #1 to extend the water line an
additional 1,250 lineal feet and deny the cost of $20,351.00.
RECOMMENDATIONS
Staff recommends that the Honorable Board of County Commissioners approve
Change Order No. 1 to extend the above-described water line an additional
1,250 lineal feet at a cost of $20,351.00.
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Bowman, the Board unanimously
(4-0) approved Change Order No. 1, Project
UW85-04-DS, to extend the 82nd Ave. 8 8th St.
water-4ine an additional 1,250 lineal feet at
a cost of $20,351.00.
19
OV 6 1985 BOOK 62 F -AGE 645
CONTRACT CHANGE ORDER
BOOK 62 PA"F 646
CHANGE ORDER NO. 1 ORIGINAL CONTRACT PRICE .ti11,n75 nn
SATE: 10/14/89 REVISED CONTRACT PRICE $1-41_apt; _nn
JOB NAMETndian River county Project #OW8904 DS
in" 0 Potable Water Distribution System Expansion 82nd Ave & St St
OWNER: Tndian River County Utilities Department --
ITEM
DESCRIPTION
UNIT
PRICE
ORIGINAL
UNITS
ORIGINAL
TOTAL
PRICE
(+) (-)
UNIT
CHANGE
(+) (-)
PRICE
CHANGE
REVISED
TOTAL
PRICE
1
Mobilization
L.S.
L.S.
3,800.00
none
none
3,800.00
2
10" 0 Water Main
13,40
6150 LF
82,410.00
+1250 LF
+16,750.00
99,160.00
3
6" 0 Water Main
7.00
30 LF
210.00
none
none
210.00
4
10"0 Gate Valve
700.00
10 EA
7,000.00
+ 2 EA
+ 1,400.00
8,400.00
5
6" 0 Gate Valve
320.00
7 EA
2,240.00
+ 1 EA
+ 320.00
2,560.00
6
Fire Hydrant
1080.00
7 EA
7,560.00
+ 1 EA
+ 1,080.00
8,640.00
7
Paved Road Restor.
8.00
200 LF
1,600.00
- 30 LF
- 240.00
1,360.00
8
Non -Paved Road Rest.
3.00
30 LF
90.00
none
none
90.00
9
Paved Drive Restor.
8.00
40 LF
320.00
+ 25 LF
+ 200.00
520.00
10
Non -Paved Drive Res.
3.00
30 LF
90.00
+ 60 LF
+ 180.00
270.00
11
Seed & Mulch
0.30
5850 LF
1,755.00
+ 870 LF
+ 261.00
2,016.00
12
12th St. Canal Cross
L.S.
L.S.
4,000.00
none
none
4,000.00
13
Service Connections
1 200.00
0
0.001+
2
+ 400.00
400.00
TOTALS
$111,075.00
+20,351.001
$131,426.00
The amount of the Contract will be increased by the sum of:.Twenty thousand, three
hundred fifty-one and xx/100's dollars. ($20,351.00)
The Contract total including this Change Order will be: One hundred thirty-on_e thousand
four hundred twenty six dollars & xx/100's ($131,426.00)
The Contract period provided for completion will be increased by 15 days.
This document will become supplement to the Contract and all provisions will apply
hereto.
Date
F. C. Schwindt, Collee Mechanical, Inc.
Engineer: ��!.! e3� Date:
Owner:
Earl Masteller, P.4e) Sippel, Masteller, Lorenz & Hoover, Inc.
p/%i1/,/� /�1 ,_� v Date;
Terrance G. Pinto, Indian River County Utilities Dep rtment
20
M. Extension of Preliminary Plat Approval - Timber Ridge Tennis
a ii'E
--- ------ - ---- ------
The Board reviewed memo of Staff Planner Boling, as follows:
ro: DATE: FILE:
The Honorable Members October 28, 1985
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE:
t SUBJECT: EXTENSION OF PRELIMINARY
PLAT APPROVAL FOR TIMBER
Robert M. Keati:ndj, AI RIDGE TENNIS RANCH
Planning &*. Developme Director
FROM:Stan Boling A - (S` REFERENCES: A
Staff Planner SPACE
It is requested that the following be given formal consideration
by the Board of County Commissioners at their regular meeting of
November 6, 1985.
DESCRIPTION AND CONDITIONS:
Timber Ridge Tennis Ranch is an approved residential development
consisting of multi -family, land condominium, and single-family
units. The single-family (Tract "F") and land condominium
(Tract "B") units, along with the project's roadway and water
management tractsiare included on a preliminary plat approved by
the Planning & Zoning Commission. at their May 10, 1984 regular
meeting. The preliminary plat approval is due to expire on
November 10, 1985 unless extended by the Board of County
Commissioners. Construction of a portion of the project road
and some of the land condominium units has been completed to
date.
Mary Jane V. Goetzfried, on behalf of the owner/developer,
Andrew Mustapick, is now requesting an 18 month extension of the
preliminary plat approval.
ALTERNATIVES AND ANALYSIS:
Extensions are allowed pursuant to section 7 (d)(10) of the
subdivision ordinance. The Board has historically granted one
18 month extension of preliminary plat approval to applicants
who request such an extension.
RECOMMENDATIONS: `
Staff recommends that the Board of County Commissioners grant
one 18 month extension of the preliminary plat approval granted
to Timber Ridge Tennis Ranch; said approval shall expire, on May
10, 1987.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
granted one 18 month extension of the prelim-
inary plat approval granted to Timber Ridge Ranch;
said approval to expire on May 10, 1987.
21
Noy 61985 A00K 62 PAGE 647
OV 6
1985
BOOK
PAGE 648
N.
Change Order #2
- West_Regional Wastewater Treatment
Plant
The Board reviewed memo of Assistant.Utilities Director
Barton:
TO: THE HONORABLE BOAR OF DATE: OCTOBER 22, 1985
COUNTY COMMISSIONE
THRU: TERRANCE G. PI 4SUBJECT: CHANGE ORDER NO. 2 - WEST
REGIONAL WASTEWATER
TREATMENT PLANT -
DICKERSON SITE WORK
FROM: JEFFREY K. BARTON
DESCRIPTION AND CONDITIONS
When the location of the West Regional Wastewater Treatment plant was
changed, there were full lengths of 16 inch pipe left over. Change
Order No. 1 increased the required bond coverage. There are various -
fittings needed to make use of the left over 16,inch pipes. These are
outlined in the attached Change Order No. 2.
RECOMMENDATION
Staff recommends that Change Order No. 2 in the amount of $1,825.00 be
approved in order to require the needed fittings and increase the bond
coverage but disapprove any additional time required to complete the work
under this change order.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
approved Change Order No. 2, Project U85 -S2 - West
Regional Wastewater Treatment Plant - in the amount
of $1,825, but disapproved any additional time to
complete the work included in said change order.
22
.%,:�, ti CHANGE ORDER
(Instructions on reverse side) No. 2
PROJECT: Indian River County West Regional DATE OF ISSUANCE: October 1, 1985
Wastewater Treatment Plant
OWNER: Indian River County
(Name. 1840 — 25th Street
Address) Vero Beach, Florida
CONTRACTOR: Dickerson, Florida OWNER's Project No. U85—S2
Stuart, Florida
ENGINEER: Williams, Hatfield & Stoner, Inc.
CONTRACT FOR: Site Work
ENGINEER's Project No. 2130-05
You are directed to make the following changes in the Contract Documents.
Description: Revisions in piping due to relocation. Increase in insurance coverage.
Purpose of Change Order. To document associated costs.
Attachments: (List documents supporting change) ATTACHMENT "A"
CHANGE IN CONTRACT PRICE:
CHANGE IN CONTRACT TIME:
Original Contract Price
Original Contract Time
S 394,212.00
90
days or data
Previous Change Orders No. 1 to No.
Net change from previous Change Orders
53,632.71
+ 19
$
days
Contract Price prior to this Change Order
Contract Time Prior to this Change Order
$ 447,844.71
109
days or due
Net Increase (doer of this Change Order
Net Increased of this Change Order
1,825.00
— 0 —
S
days
Contract Price with all approved Change Orders
Contract Time with all approved Change Orders
4499669.71
109
$
days or due
RECOMMENDED: APPROVED:
byC -1 by
�o j oww
EJCDC No. 1910-8-B (1983 Edition)
23
NOV 6 1985 BoaK . 62 FATE 649
BID
ITEM
13
5B
DESCRIPTION
Increased Premium
Performance/Payment
16" x 6" Cleanout
16" Retainer Glands
8" 45° Bend
ATTACHMENT "A"
CHANGE ORDER TABULATION
CHANGE ORDER NO. 2
QUANTITY
Incr. Decr.
1
3
1
BOOK 62 PAGF 650
NET INCREASE
.C.O. N0. 2 1,825.00
PRESENTATION OF CERTIFICATE OF CONFORMANCE - CLERK OF COURTS
Commissioner Scurlock reported that Clerk Freda Wright has
requested that the above item be postponed to the next agenda.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
agreed to transfer the presentation of the
Certificate of Conformance to next week's agenda
as requested by the Clerk.
COUNTY -INITIATED REZONING .78 ACRES TO CG (E of US1, S of 4th St)
The hour of 9:05 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
24
DOLLAR CHANGE
UNIT COST
H (-)
2,900.00
450.00 -
865.00
865.00 -
115.00
345.00 -
165.00
165.00 -
NET INCREASE
.C.O. N0. 2 1,825.00
PRESENTATION OF CERTIFICATE OF CONFORMANCE - CLERK OF COURTS
Commissioner Scurlock reported that Clerk Freda Wright has
requested that the above item be postponed to the next agenda.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
agreed to transfer the presentation of the
Certificate of Conformance to next week's agenda
as requested by the Clerk.
COUNTY -INITIATED REZONING .78 ACRES TO CG (E of US1, S of 4th St)
The hour of 9:05 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
24
VERO BEACH PRESS -JOURNAL
Published Weekly
Vero Beach*, Indian River County, Florida
COUNTY OF INDIAN RIVER:
STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr, who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
in the matter of
In the ,, /• Court, was pub-
lished in said newspaper in the issues of (�1 ` 7 to•yam/
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, weekly and has been entered
as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida
for a period of one year next preceeding the first publication of the attached copy of adver-
tisement; and affiant further says that he has neither paid nor promised any person, firm or
corporation any discount, rebate, commission or refund for the purpose of securing this adver-
tisement for publication in the said newspaper.
Sworn to and subscribed before me tlysday of_–�.'1---A.D. C�J�
(SEAL) (Clerk of the Circuit Court, Indian River County,
-
NOTICE - FUBLIC HEARING
e of hearing initiated by Indian River
ty to consider the adoption of a County or -I
finance rezoning land from: RM -10, Multiple
Family Residential Djrict to CG, General Com-',
merceastiof District. The
Highway #1 property
is
north Citrus!
Road (4th Street).
The subject property is described as
COMMENCING AT THE S.E. CORNER
OF THE N.E. '/4 OF SECTION 13; TOWN-
SHIP 33 SOUTH, R
N 89°16'35" W AL
SECTION LINE A
FEET TO THE TRI
NING. HENCE
SAID OUARTER S
TANCE OF 439.78 FEET TO THE EAS -1 T, ;
RIGHT-OF-WAY LINE OF INDIAN RIVER`• t
IENCE NORTHEASTERLY
JD EAST RIGHT-OF-WAY
G A DELTA OF 34°38'00" A
647.96 FEET; AN ARC
= 391.67 TO A POINT LO --a
FEET EAST (AS MEASURED
IT ANGLE) TO HE EAST
VAY LINE OF U.S. HIGHWAY
DINT F W O BEING LIINE OFNTHE
PRO -
HENCE S 27°57'10" E ALONG A LINE I
PARALLEL TO SAID EAST RIGHT-OF-
WAY BEINGIN HE NORTH HWAY #1 RIGHT -OF WADY
LINE OF SAID PROPOSED ACCESS
ROADA DISTANCE OF 215.33 F
BACK TO SAID POINT OF BEGI NING
ALL HE ABOVE DESCRIBED LAND
LYING AND BEING IN INDIAN RIVER
COUNTY, FLORIDA
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, Nov
6''985 '
1985, at 9:05 a.m. an decisior
Anyone who may wish to appeal y
which may be made at this meeting will need tc
ensure that a verbatim record of the proceedings
is made, which includes testimony and evidence
upon which the appeal is based.
Indian River County
Board of County Commissioners
By: s -Patrick B. Lyons, Chairman
Oct. 17.2 9.1965. -...c.
�_-3
Chief Planner Richard Shearer made the staff presentation
and recommendation, as follows:
25
®V 6 1985 BOOK 62 PAGE U�
N OV 6 1995 BOOK 62 PA -lit -652 7
TO: The Honorable Members DATE. October 24, 1985 FILE:
of the Board of
County Commissioners
DIVISION HEAD CONCURRENCE:
SUBJECT: COUNTY -INITIATED REQUEST
Robert �M.Keating, A TO REZONE .78 ACRES FROM
Planning & Development Director RM -10, MULTIPLE -FAMILY
16 RESIDENTIAL DISTRICT, TO
CG, GENERAL COMMERCIAL
DISTRICT
FROM: �6 REFERENCES:
Richard Shearer, AICP County/Initiated Rezone
Chief, Long -Range Planning CHIEF
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of November 6, 1985.
DESCRIPTION & CONDITIONS
The Planning Department is initiating a request to rezone .78
acres located east of U.S. #1 and south of 4th Street extended
from RM -10, Multiple -Family Residential District (up to 10 units/
acre), to CG General Commercial District.
On March 20, 1985, the Board of County Commissioners granted two
rezoning requests made by Ed Schlitt to rezone 4 acres from -R-2,
Multiple -Family District, to C-1, Commercial District; and to
rezone 6 acres from C-1, R-2, and R-1TM, Transient Mobile Home
District, to RM -10, Multiple -Family District. The latter request
inadvertently'rezoned the subject property to RM -10 which was not
Mr. Schlitt's intent.
On September 12, 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 appli-
cation will be presented. The analysis will include a descrip-
tion of the current and future land uses of the site and sur-
rounding areas, potential impacts on the transportation and
utility systems, and any significant adverse impacts on environ-
mental quality.
Existing Land Use Pattern
The subject property is undeveloped. North of the subject
property is the proposed right-of-way for Indian River Boulevard.
Further north, is the site of a future Wal Mart Store which has
received site plan approval and is zoned C-1. East of the
subject property is undeveloped land zoned RM -10. South of the
subject property is vacant land zoned C-1. West of the subject
property, across U.S. #1, is a muffler shop.
Future Land Use Pattern
The Comprehensive Plan designates the subject property as part of
the Commercial Corridor that runs along the east side of U.S. #1
from the Vero Beach city limits south to 4th Street. The
proposed rezoning is in conformance with the Comprehensive Plan.
The existing C-1 zoning north and south of the subject property
will be converted to the CG zoning district in the near future.
26
Transportation System
The subject property will have access to Indian River Boulevard
(classified as a arterial street on the Thoroughfare Plan). The
maximum development of the subject property under CG zoning could
attract up to 679 average annual daily trips.
Environment
The subject property is not designated as environmentally sensi-
tive. Howev9r, most of the subject property is in a flood -prone
area. This area has a designation of A10 on the Flood Insurance
Rate Map, which indicates an area subject to 100 year floods.
Utilities
County water is available for the subject property. County
wastewater facilities are not available.
RECOMMENDATION
Based on the above analysis, including the Planning and Zoning
Commission's recommendation, staff recommends approval.
Planner Shearer explained that this came about when Mr.
Schlitt had two separate rezoning requests on contiguous property
- one for four acres and one for six acres - both on the Indian
River Boulevard corridor. The County has initiated the move to
rezone the piece which was inadvertently zoned RM -10 back to the
way Mr. Schlitt originally intended it. This property is in the
Comprehensive Plan's commercial corridor and is consistent with
the Plan.
Chairman Lyons asked if this commercial corridor runs all
the way to the relief canal and also where the residential in
Vista Royale is in relation to the subject property.
Planner Shearer stated that, in essence, the corridor would
run from the Vero Beach City limits south to the South Relief
Canal, and the subject property is surrounded on three sides by
commercial. It is buffered from the residential, and the
property to the east is currently owned by Mr. Schlitt.
The Chairman asked if anyone present wished to be heard.
There were none.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
closed the public hearing.
27
Boa 62 PAGE 653
BOOK 62 PAGE 654
NOV 6 1985
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
adopted Ordinance 85-90, rezoning the subject
.78 acres to CG.
ORDINANCE NO. 85-90
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE
ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP
FOR THE PROPERTY DESCRIBED HEREIN, AND PROVIDING
FOR EFFECTIVE DATE.
WHEREAS, The Planning and Zoning Commission, sitting as the
local planning agency on such matters, has held a public hearing
and subsequently made a recommendation regarding this rezoning
request; and
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
WHEREAS, The Board of County Commissioners has determined
that this rezoning is in conformance with the Land Use Element of
the Comprehensive Plan of Indian River County; and
WHEREAS, The Board of County Commissioners has held a public
hearing pursuant to this rezoning request, 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 of
the following described property situated in Indian River County,
Florida, to -wit:
COMMENCING AT THE S.E. CORNER OF THE N.E. 1/4 OF
SECTION 13, TOWNSHIP 33 SOUTH, RANGE 39 EAST RUN N
89016'35" W ALONG THE QUARTER SECTION LINE OF DISTANCE
OF 72.74 FEET TO THE TRUE POINT OF BEGINNING. THENCE
CONTINUE ALONG SAID QUARTER SECTION LINE A DISTANCE OF
439.78 FEET TO THE EAST RIGHT-OF-WAY LINE OF INDIAN
RIVER BLVD.; THENCE NORTHEASTERLY ALONG .SAID EAST
RIGHT-OF-WAY LINE HAVING A DELTA OF 34038100", A RADIUS
OF 647.96 FEET; AN ARC LENGTH OF 391.67 TO A POINT
LOCATED 570 FEET EAST (AS MEASURED AT A RIGHT ANGLE) TO
THE EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY # 1 SAID
POINT ALSO BEING ON THE NORTH RIGHT-OF-WAY LINE OF
PROPOSED ACCESS ROAD CONNECTING INDIAN RIVER BLVD. AND
VISTA ROYALE GARDENS ENTRANCE ROAD; THENCE S 27°57'10"
E ALONG A LINE PARALLEL TO SAID EAST RIGHT-OF-WAY LINE
OF U.S. HIGHWAY # 1 (ALSO BEING THE NORTH RIGHT-OF-WAY
LINE OF SAID PROPOSED ACCESS ROAD) A DISTANCE OF 215.33
FEET BACK TO SAID POINT OF BEGINNING.
28
I
ALL THE ABOVE DESCRIBED LAND LYING AND BEING IN INDIAN
RIVER COUNTY, FLORIDA
Be changed from RM -10, Multiple -Family Residential District,
to CC, General Commercial District.
All with the meaning and intent and as set forth and
described in said Zoning Regulations.
Approved and adopted by the Board of County
w
Commissioners of Indian River County, Florida on this 6th day
of November , 1985.
OUNTY COMMISSIONERS
RIVER COUNTY
REZONING - TO CG - S of SR60 & E of 86th AVE - (HATCH)
The hour of 9:05 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
VERO BEACH PRESS -JOURNAL
Published Weekly
Vero Beach, Indian River County, Florida
I
COUNTY OF INDIAN RIVER:
STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a ��
in the matter of 74
in the Q Court, was pub-
lished in said newspaper in the issues ofy" L'� • ` '� 7 �� / ` PS
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, weekly and has been entered
as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida
for a period of one year next preceeding the first publication of the attached copy of adver-
tisement; and affiant further says that he has neither paid nor promised any person, firm or
corporation any discount, rebate, commission or refund for the purpose of securing this adver-
tisement for publication in the said newspaper.
Sworn to and subscribed before me thie :; / �-y day of t—'"�� A.D.
(SEAL)
(Clerk of the Circuit Court, Indian River
29
0
n� Or
0 ,.
Q s-- PUBLIC HE
vi �,;?A,io considers
martial DUfiic
Owned by Ch Jr., . rty Is presenU
and is locate]
on the south s, ate Road 60'approxi
mately 425 feet east of 86th Avenue.
The subject property Is described as:'
TME WEST 165 FEET OF THE EAST 895
FEET OF TRACT 10, SECTION 2, TOWN-
SHIP 33S, RANGE 38E AS RECORDED
IN OFFICIAL RECORD BOOK 403, PAGE
672 PUBLIC RECORDS OF INDIAN
RIVER COUNTY, FLORIDA.
ALL ABOVE DESCRIBED LANDS NOW
LYING AND BEING IN INDIAN RIVER
COUNTY, FLORIDA.
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, locatedat 1840 25th
Street, Vero Beach, Florida on Wednesday, Nov.
6, 1985, at 9:05 A.M.
Anyone who may wish to appeal any decisio
which may be made at this meeting will need to
ensure that a verbatim record of the proceedings
Is made, which includes testimony and evidence
upon which the appeal Is based.
Indian River County I
Board of County Commissioners
By: s Patrick B. Lyons, Chairman
Oct. 17, 29, 1985.
1985 BOOK 62 FACE 655
iNOV 6 1985 BOOK 62 Fact 656
Staff Planner Robert Melsom made the staff presentation, as
follows:
TO: The Honorable Members DATE: September 19, 1985 FILE:
of the Board of
County Commissioners
DIVISION HEAD CONCURRENCE:
SUBJECT:
Robert M. Keat ng, �f CP
Planning & DevelopiWent Director
g7THROUGH: Richard Shearer, AICP
Chief, Long -Range Planning Section
ROBERT H. STABE, AGENT
FOR CHAUNCEY HATCH JR.,
REQUEST TO REZONE 4.99
ACRES FROM B-1, PLANNED
BUSINESS DISTRICT TO CG,
GENERAL COMMERCIAL
DISTRICT
FROM: REFERENCES:
Wx Robert G. Melsom ZC-155 P&Z Memo
i
� Staff Planner, Long -Range Planning 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 November 6, 1985.
DESCRIPTION & CONDITIONS
Robert H. Stabe Sr., an agent for Chauncey Hatch Jr., the owner, is
requesting to rezone 4.99 acres located south of State Road 60 and east
of 86th Avenue from B-1, Planned Business District, to CG, General
Commercial District.
The owner intends to develop a garden center on this property.
On September 12, 1985, the Planning and Zoning Commission voted 4 -to -0
to recommend approval of the 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, poten-
tial impacts on the transportation and utility systems, and any signif-
icant adverse impacts on environmental quality.
Existing Land Use Pattern
The subject property is undeveloped. North of the subject property
across State Road 60 is undeveloped land zoned RM -8, Multiple -Family
Residential District. East of the subject property is a single-family
residence and undeveloped land zoned B-1, Planned Business District.
South of the subject property is the Village Green Mobile Home Park
zoned RMH-8, Mobile Home Residential District. West of the subject
property is Dean's Beauty Salon, a gift shop, two single-family
residences, and Caprino's Restaurant, under construction, zoned B-1.
Other Commercial uses to the east of the subject property include the
First Bankers Banking Center, a Zippymart, a Fina service station, Mrs.
B's Family Inn Restaurant, and Indian River Truck Brokerage.
Future Land Use Pattern
The Comprehensive Plan designates the subject property as being located
within the general area of the 550 acre I-95 and State Road 60
commercial/ industrial node. An analysis of the node conducted by the
staff includes the subject property and the land east and west of it -
within the tentative node boundaries. The land north and south of the
subject property is designated as MD -1, Medium -Density Residential 1
(up to 8 units/acre). 30
� ® r
On October 10, 1985., the Board of County Commissioners held a public
hearing to review a county -initiated request to rezone 107 acres,
including the subject property, in this area from B-1 to R -2D,
Multiple -Family District. At that meeting, the Board rezoned only 35
acres and determined that the subject property and the land east and
west of it should be included in the node at a future date. On
February 28, 1,,985, the Board adopted a Comprehensive Plan amendment
enlarging the node from 300 to 550 acres in order -to include the
subject property and the land east and west of it in the node.
Therefore, the request is in conformance with the comprehensive
plan. Moreover,. the staff anticipates that all of the land west of the
subject property which is zoned B-1; C-lA, Restricted Commercial
District; or C-1, Commercial District, will be assigned to the CG
zoning district in the future.
Transportation System
The subject property has direct access to State Road 60 (classified as
an Arterial on the Thoroughfare Plan). Under the proposed zoning, the
subject property could attract up to 120 Average Annual Daily Trips
(AADT). The projected AADT would have a minimal effect on the existing
level -of -service (level -of -service A) for State Road 60.
Environment
The subject property is not designated as environmentally sensitive nor
is it in a flood -prone area.
Utilities
County water and sewer are available for the subject property.
RECOMMENDATION
Based on the above analysis, including the Planning and Zoning
Commissions recommendation, staff recommends approval.
The Chairman asked if anyone present wished to be heard.
There were none.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously (4-0)
closed the public hearing.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
adopted Ordinance 85-91 rezoning 4.99 acres
south of SR 60 and east of 86th Avenue from
B-1 to CG as requested by Chauncey Hatch, Jr.
31
NOV 6 1985 BOOK D2 F-A;F657
F,
BOOK 62 .PAGE 658
ORDINANCE NO. 85-91
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE
ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP
FOR THE PROPERTY DESCRIBED HEREIN, AND PROVIDING
FOR EFFECTIVE DATE.
WHEREAS, The Planning and Zoning Commission, sitting as the --
local planning agency on such matters, has held a -public hearing
and subsequently made a recommendation regarding this rezoning
request; and ,
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
WHEREAS, The Board of County Commissioners has determined
that this rezoning is in conformance with the Land Use Element of
the Comprehensive Plan of Indian River County; and
WHEREAS, The Board of County Commissioners has held a public
,hearing pursuant to this rezoning request, at which parties in
interest and citizen were heard;
NOW, THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of Indian River County, Florida, that the Zoning of
the following described property situated in Indian River County,
Florida, to -wit:
THE WEST 165 FEET OF THE EAST 895 FEET OF TRACT 10,
SECTION 2, TOWNSHIP 33S, RANGE 38E AS RECORDED IN
OFFICIAL RECORD BOOK 403, PAGE 672 PUBLIC RECORDS OF
INDIAN RIVER COUNTY, FLORIDA.
ALL ABOVE DESCRIBED LANDS NOW LYING AND BEING IN INDIAN
RIVER COUNTY, FLORIDA.
Be changed from B-1, Planned Business District,to CG,
General Commercial District.
All with the meaning and intent and as set forth and
described in said Zoning Regulations.
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida on this 6th day of November ,
1985.
BOARD OUNTY COMMISSIONERS
OF IA IVER COUNTY
Y
PA K B. NS h irman
OF
32
REZONING 20 ACRES TO A-1 - S. WINTER BEACH RD. (JOY MILLER)
The hour of 9:05 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
1
2
P
— n Oa
-
cxu
VERO BEACH PRESS -JOURNAL
Published Weekly
Vero Beach, Indian River County, Florida
(SEAL)
(Clerk of the Ci
(Manager)
; 1:roridp
Staff Planner Melsom made the following presentation:
33
V 6 1985 BOOK 6z �acE 659
NOTICE — PUBLIC HEARING
.
Notice of hearing to consider the adoption of
COUNTY OF INDIAN RIVER:
STATE OF FLORIDA
a County ordinance rezoning land from: RS -3,
Single -Family Residential District to A-1, Agricul-
tural District. The subject property Is presently
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
owned by Joy A. Miller and is located on the
says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published
north side of South Winter Beach Road, east of
County Road 505 (Lateral A/66th Avenue).
of advertisement, bein
at Vero Beach in Indian River County, Florida; that the attached copy g
The subject property is described as:
THE WEST 20 ACRES OF TRACT 5,'
SECTION 8, TOWNSHIP 32 SOUTH,
RANGE 39 EAST, ACCORDING TO THE .
a
PLAT OF INDIAN RIVER FARMS COM-
PANY FILED IN THE OFFICE OF THE
CLERK OF H!COURT O
in the matter of
FLORICUIT
LUC ECOUNTY,PLAT
DA. DN
BOOK 2, PAGE 25, NOW PART OF THE
RECORDS OF INDIAN RIVER COUNTY,.
FLORIDA. LESS AND EXCEPT THE
SOUTH 50 FEET OF THE ABOVE DE-
SCRIBED PROPERTY CONVEYED FOR
ROAD RIGHT-OF-WAY PURPOSES FOR
SOUTH WINTER BEACH ROAD IN OFFI-
In the Court, was pub-
CIAL RECORD BOOK 32, PAGE 33,
PUBLIC RECORDS OF INDIAN RIVER.
/r/�
&j( / ��/ /�
COUNTY, FLORIDA.
lished in said newspaper in the issues of
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, Nov.
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
6,1985, at 9:05 A.M.
Vero Beach, in said Indian River County, and that the said newspaper has heretofore
Anyone who may wish to appeal any decision
maybe
been continuously published in said Indian River County, Florida, weekly and has been entered
ensure as verbatim record of the proceedingsi
as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida
is made, which includes testimony and evidence
for a period of one year next preceeding the first publication of the attached copy of adver-
upon which the appeal is based.
tisement; and affiant further says that he has neither paid nor promised any person, firm or
Indian River County
corporation any discount, rebate, commission or refund for the purpose of securing this adver-
tisement for in the newspaper.
Board of County Commissioners
B. Lyons, Chairman
publication said
POct.
, 2y9, 1Patrick
17, 29, 1985.
Sworn to and subscribed beforame tb* day OfA.D.
(SEAL)
(Clerk of the Ci
(Manager)
; 1:roridp
Staff Planner Melsom made the following presentation:
33
V 6 1985 BOOK 6z �acE 659
TO: The Honorable Members
of the Board of
County Commissioners
BOOK 62 PAGE 660 ,
DATE: September 19, 1985FILE:
DIVISION HEAD CONCURRENCE:
f
SUBJECT:
Ro ert M. Keating AI
Planning & Developmen Director
��
THROUGH: Richard
Chief, Long -Range
ROM:
AV --Robert G. Melsom,
Shearer
Planning Section
JOHNSON REQUEST TO REZONE
20.0 ACRES FROM RS -3,
SINGLE-FAMILY RESIDENTIAL
DISTRICT, TO A-1, AGRI-
CULTURAL DISTRICT
REFERENCES:
Staff Planner
ZC-153 P&Z Memo
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 November 6, 1985.
DESCRIPTION & CONDITIONS
Barrett G. Johnson, an agent for Joy Miller, the owner, is requesting
to rezone 20 acres located northeast of the South -Winter Beach Road
and County Road 505 intersection from RS -3, Single -Family Residential
District (up to 3 units/acre), to A-1, Agricultural District (up to .2
units/acre).
The applicant is requesting the rezoning to allow for the placement of
a 180 foot tower to carry RCC antennas.
On September 12, 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 currently contains a citrus grove. North of the
subject property is a citrus grove zoned RS -3. East of the subject
property is a single-family dwelling located on a 20 acre parcel of
land zoned RS -3. South of the subject property is a tree nursery
zoned RS -3. West of the subject property is a citrus grove zoned RFD,
Rural Fringe Development District (up to .4 units/acre).
Future Land Use Pattern
The Comprehensive Plan designates the subject property and the land
north, east, and south of it as LD -1, Low -Density Residential 1 (up to
3 units/acre). The land west of the subject property is designated as
RR -1, Rural Residential 1 (up to .4 units/acre).
The proposed Agricultural zoning is in conformance with the LD -1 land
use designation and is consistent with the uses that surround the
subject property.
In reviewing the request for Agricultural zoning, the staff reviewed
the provisions of the Comprehensive Plan relative to establishing
agricultural zoning in an area designated LD -1. The Comprehensive
Plan states "The County shall not permit encroachment, by other land
34
uses, of agricultural land except where demonstrated that those lands
are no longer viable for agricultural purposes." The subject property
is located in a predominately agricultural area. Therefore, rezoning
the subject property from RS -3 to A-1 is in conformance with the
Comprehensive Plan.
Transportation Svstem
w
The subject property has direct access to South Winter Beach Road
(classified as a secondary collector street on the Thoroughfare Plan),
and secondary access to 66th Avenue, (classified as a primary collec-
tor street on the Thoroughfare Plan). The maximum development of the
subject property would generate less than one (1) average annual daily
trip (AADT). Therefore, the proposed use would have virtually no
impact on the level -of -service for these roads.
Environment
The subject property is not designated as environmentally sensitive
nor is it in a flood -prone area.
Utilities
The subject property is not served by County water nor wastewater
facilities; however, it will not require the provision of public or
private utilities.
RECOMMENDATION
Based on the above analysis, including the Planning and Zoning Com-
mission's recommendation, staff recommends approval.
Commissioner Bird inquired what "RCC" antennas stands for,
and Planner Melsom advised that this stands for radio common
carrier.
Commissioner Bird asked if the applicant is leasing out
space for private interests, and it was confirmed that the space
is leased to private interests and they share the channels.
The Chairman asked if anyone present wished to be heard.
There were none.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
closed the public hearing.
.ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
adopted Ordinance 85-92 rezoning 20 acres north-
east of the South Winter Beach Road and CR 505
from RS -3 to A-1 as requested by Joy Miller.
35
1 BOOK 62 PAGE 661
NOV 1985
BOOK 62 PAGE 662
ORDINANCE NO. 85-92
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE
ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP
FOR THE PROPERTY DESCRIBED HEREIN, AND PROVIDING
FOR EFFECTIVE DATE.
WHEREAS, The Planning and Zoning Commission, sitting as the
local planning agency on such matters, has held a public hearing
and subsequently made a recommendation regarding this rezoning
request; and
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
WHEREAS, The Board of County Commissioners has determined
that this rezoning is in conformance with the Land Use Element of
the Comprehensive Plan of Indian River County; and
WHEREAS, The Board of County Commissioners has held a public
hearing pursuant to this rezoning request, at which parties in
interest and citizen were heard;
NOW, THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of Indian River County, Florida, that the Zoning of
the following described property situated in Indian River County,
Florida, to -wit:
THE WEST 20 ACRES OF TRACT 5, SECTION 8, TOWNSHIP 32 SOUTH,
RANGE 39 EAST, ACCORDING TO THE PLAT 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, PAGE 25,
NOW PART OF THE RECORDS OF INDIAN RIVER COUNTY, FLORIDA.
LESS AND EXCEPT THE SOUTH 50 FEET OF THE ABOVE DESCRIBED
PROPERTY CONVEYED FOR ROAD RIGHT-OF-WAY PURPOSES FOR SOUTH
WINTER BEACH ROAD IN OFFICIAL RECORD BOOK 32, PAGE 33,
PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA.
Be changed from RS -3, Single -Family Residential 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 6th day
of November , 1985.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN'RIVER COUNTY
BY A?
_j L. !; � Z ///
P RICK B. O S, rman--)
36
REZONING - .18 ACRES TO CH - SEBASTIAN GROVE ESTATES (MAZARELLA)
The hour of 9:05 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
C co
ch
1 VERO BEACH PRESS-JOURNALf•,~JL9
Published Weekly ��6
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 //jam • ?- —2z y / Court, was pub-
lished in said newspaper in the issues of -4g,- Z / Y�
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, weekly and has been entered
as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida
for a period of one year next preceeding the first publication of the attached copy of adver-
tisement; and affiant further says that he has neither paid nor promised any person, firm or
corporation any discount, rebate, commission or refund for the purpose of securing this adver-
tisement for publication in the said newspaper. /Q
Sworn to and subscribed before a thi y of G� A. D.
_ _ n_, .
(SEAL) (Clerk of the Circuit Court, Indian River County,
E
NOTICE — PUBLIC HEARING
Notice of hearing to consider the adoption of
a County ordinance rezoning land from: A, Agri
cultural District to CH, Heavy Commercial Dis-
trict. The subject property is presently owned by
Joseph W. and Eileen Massarella and is located
on the south side of Woodmere Road, west of
Old Dixie Highway.
The subject property Is described as:
LOT 10, BLOCK 1 OF SEBASTIAN
GROVE ESTATES SUBDIVISION, AC-
CORDING TO PLAT BOOK 5, PAGE 85,
PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA.
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, Nov.
6, 1985, at 9:05 A.M.
Anyone who may wish to appeal any decision
which may be made at this meeting will need t
ensure that a verbatim record of the proceeding
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
Oct. 17, 29, 1985.
Staff Planner Melsom made the staff presentation and
recommendation, as follows:
NOV 6 1985- 37 Boa '62 PAGE 663
BOOK 62 FAGS 664
TO: The Honorable Members DATE: October 22, 1985 FILE:
of the Board of
County Commissioners
DIVISION HEAD CONCURRENCE:
TO
• SUBJECT: REZONELLA .18RACCRESTFROM
Robert M. ea ng AICP A, AGRICULTURAL
Development Director DISTRICT, TO CH, HEAVY
COMMERCIAL DISTRICT.
R7 THROUGH: Richard Shearer, AICP
Chief, Long -Range Planning
FROM: REFERENCES: zc-161 P&z Memo
Robert G. Melsom ROBERT
Staff Planner, Long -Range Planning
It is requested that the data herein presented be given
formal consideration by the Board of County Commissioners at
their regular meeting of November 6, 1985.
DESCRIPTION & CONDITIONS
Joseph Mazarella, the owner, is requesting to rezone .18
acres of land consisting of Lot 10, Block 1, of Sebastian
Grove Estates Subdivision, located west of Old Dixie Highway
and south of County Road 512, from A, Agricultural District,
to CH, Heavy Commercial District.
The owner is requesting the rezoning to allow for the devel-
opment of his property in conformance with the surrounding
commercial uses in Sebastian Grove Subdivision.
On September 26, 1985, the Planning and Zoning Commission
voted 3 -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 transporta-
tion and utility systems, and any significant adverse impacts
on environmental quality.
Existing Land Use Pattern
Currently the subject property is undeveloped. The Lots
north, west and east of the subject property are undeveloped
and zoned, M-1.Restricted Industrial District. South of the
subject property is undeveloped land zoned A, Agricultural
district. A field survey conducted by the staff identified
the following commercial uses in Sebastian Groves Subdivi-
sion: Moody's Tire and Battery Warehouse, Ocean Mists
Seafood and Steaks, Dyers Auto -body Frame and Wrecker Ser-
vice, Sebastian Plumbing, Halmar Diesel Service, and several
mini -warehousing facilities. The staff has concluded that
the existing uses could all be included in the CH district.
Future Land Use Pattern
The Comprehensive Plan generally designates the subject
property as LD -2, Low Density Residential 2 (up to 6
units/acre). However, the comprehensive plan states "There
is a forty (40) acre commercial/ industrial node located on
U.S. #1 at the south Sebastian City Limits".
38
Given the size constraints of the node, the existing commer-
cial uses along U.S. #1 and in the Sebastian Grove Subdivi-
sion, the subdivision and the subject property would warrant
inclusion in this node. Therefore, the proposed CH zoning is
in conformance with the,comprehensive plan.
Transport4tion System
The subject property has primary access to Woodmere Road
(classified as a local road on the Thoroughfare Plan).
Secondary ,access is available to Old Dixie Highway (clas-
sified as a secondary collector on the Thoroughfare Plan).
The maximum development of the subject property under the CH
zoning could attract up to 9 average annual daily trips. The
requested rezoning will not decrease the existing level of
service "A" on Old Dixie.
Environment
The subject property is not designated as environmentally
sensitive nor is it in a flood -prone area.
Utilities
Neither County sewer nor water is available to the subject
property at the present time.
RECOMMENDATION
Based on the above analysis, including the Planning and
Zoning Commission's recommendation, staff recommends ap-
proval.
The Chairman asked if anyone present wished to be heard.
There were none.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
closed the public hearing.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
adopted Ordinance 85-93 rezoning .18 acres in
Sebastian Grove Estates Subdivision to CH as
requested by Joseph Mazarella.
39
BOOK 62 p4r,F 665
I
_I
BOOK 62 -PACE 666
ORDINANCE NO. 85-93
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE
ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP
FOR THE PROPERTY DESCRIBED HEREIN, AND PROVIDING
FOR EFFECTIVE DATE.
WHEREAS, The Planning and Zoning Commission, sitting as the
local planning agency on such matters, has held a public hearing
and subsequently made a recommendation regarding this rezoning
request; and
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
WHEREAS, The Board of County Commissioners has determined
that this rezoning is in conformance with the Land Use Element of
the Comprehensive Plan of Indian River County; and
WHEREAS, The Board of County Commissioners has held a public
hearing pursuant to this rezoning request, at which parties in
interest and citizen were heard;
NOW, THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of Indian River County, Florida, that the Zoning of
the following described property situated in Indian River County,
Florida, to -wit:
LOT 10, BLOCK 1 OF SEBASTIAN GROVE ESTATES SUBDIVISION,
ACCORDING TO PLAT BOOK 5, PAGE 85, PUBLIC RECORDS OF
INDIAN RIVER COUNTY, FLORIDA.
Be changed from A, Agricultural District, to CH, Heavy
Commercial District.
All with the meaning and intent and as set forth and
described in said Zoning Regulations.
Approved and adopted by the Board of County
Commissioners of Indian River County, Florida on this 6th day
of November , 1985.
BOARIS OF C LINTY COMMISSIONERS
OF INDI ,'RIVER COUNTY
By C��'
TRICK B. LYO S, hairman
40
r ® �
REZONING - 8 ACRES S OF SCHUMANN DRIVE TO RM -6 (ALLEN & WELLS)
The hour of 9:05 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
VERO BEACH PRESS -JOURNAL
Published Weekly
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER:
STATE OF FLORIDA
I
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 Z rZ
in the matter of PGeh
in the Court, was pub-
lished in said newspaper in the issues of
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, weekly and has been entered
as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida
for a period of one year next preceeding the first publication of the attached copy of adver-
tisement; and affiant further says that he has neither paid nor promised any person, firm or
corporation any discount, rebate, commission or refund for the purpose of securing this adver-
tisement for publication in the said newspaper.
Sworn to and subscribed beforWe tFj$ . &y of Q/ A.D. 0
- v
�? (Mine—ss Manager) ; r
(SEAL) (Clerk of the Circuit Court, Indian River County,
NOTICE —,PUBLIC HEARING
Notice of hearing to consider the adoption of
a County ordinance rezoning land from: C-1,
Commercial District, to RM -6, Multiple -Family
Residential District. The subject property is pre-
sently owned by.John Allen and Avanelle Cooley
Wells and is located on the west side of U.S.
Highway #1, south of Schumann Drive.
The subiesct property is described as:
FROM tHE NORTHWEST CORNER OF
. NORTHEAST QUARTER OF SOUTH-
WEST QUARTER, RUN EAST ON THE
QUARTER SECTION LINE A DISTANCE
OF 393.12 FEET TO A PIPE ON THE
EAST RIGHT OF WAY LINE OF FLORIDA '
EAST COAST RAILROAD, SAID PIPE
BEING THE POINT OF BEGINNING;'
THENCE RUN SOUTH 22°57' EAST
ALONG SAID RIGHT OF WAY A DIS-
TANCE OF 550.6 FEET TO A PIPE;
THENCE RUN NORTH 72?13' EAST A
DISTANCE -OF 828.9 FEET TO A PIPE
ON THE WEST RIGHT OF WAY LINE OF
THE PRESENT U.S. HIGHWAY #'t (OLD
' US. #1, RIGHT OF WAY); THENCE RUN
NORTH 27°16' WEST ALONG SAID
RIGHT OF WAY A DISTANCE OF 293.8
FEET TO A PIPE AT THE INTERSEC
TION OF SAID QUARTER SECTION
LINE; THENCE RUN WEST ON SAID
QUARTER SECTION LINE A' DISTANCE
OF 870 FEET, MORE OR LESS, TO THE
POINT OF BEGINNING: LESS ROAD
RIGHT OF WAY, ALL IN SECTION 17,
TOWNSHIP 31 SOUTH, RANGE 39
EAST. ALL ABOVE DESCRIBED LANDS
LYING OR BEING IN INDIAN. RIVER.
COUNTY, FLORIDA.
A public hearing at which parties. in mtere g
and citizens shall `have an opportunity to be
heard, will be held by the Board of County Com-
missioners
the
Couunty CommissiionRiver Cham CCounhambers Corida;iounty
Administration Building, located at 1840 5t
Street, Vero Beach, Florida o Wednesday. Nov..
6, 1985, at 9:05 A.M.
Anyone who may wish to appeal an decisior
which may be made at this meeting will need tc
ensure that a verbatim record of the proceedings
is made, which includes testimony and evidence
upon which the appeal is based.
Indian River County
Board of County Commisslonerp
By: s -Patrick B. Lyons, Chairman
Oct. 17, 29,1985? -:..
Staff Planner Jeffrey Goulet made the staff presentation, as
follows:
41
BOOK 62 FATE 667
F"_
BOOK - -62 FADE 660
TO: The Honorable Members DATE: September 30, 1985FILE:
of the Board of
County Commissioners
DIVISION HEAD CONCURRENCE:
� SUBJECT:
Ro ert M. I ea i g, CP
Planning & Development Director
95THROUGH: Richard Shearer, AICP
Chief, Long -Range Planning
ALLEN REQUEST TO REZONE •.
8 ACRES FROM C-1, COMMER-
CIAL DISTRICT, TO RM -6,
MULTIPLE -FAMILY RESIDENT-
IAL DISTRICT
FROM Ar. A. Goulet Jr-44REFERENCES: ALLEN REQUEST MEMO
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 November 6, 1985.
DESCRIPTION & CONDITIONS
John Allen and Avanelle C. Wells, the owners, are requesting to
rezone eight (8) acres located on the west side of U.S. Highway
#1, south of Schumann Drive, from C-1, Commercial District, to
RM -6, Multiple -Family Residential District.
The applicants intend to build a single-family house on this
property.
On September 26, 1985, the Planning and Zoning Commission voted
3 -to -0 to recommend approval of this request.
ALTERNATIVES & ANALYSIS
In this section, an analysis of the reasonableness of the appli-
cation will be presented. The analysis will include a descrip-
tion of the current and future land uses of the site and sur-
rounding areas, potential impacts on the transportation and
utility systems, and any significant adverse impacts on environ-
mental quality.
Existing Land Use Pattern
The subject property contains two parcels of land. A three (3)
acre parcel fronting on U.S. Highway #1 has a single-family home
on it, and the remaining five (5) acre parcel located to the west
is vacant. The Whispering Palms Mobile Home Village, zoned CRVP,
Commercial Recreational Vehicle Park District, is located direct-
ly to the south, and single-family homes, zoned C-1, are located
to the north of the subject property. Citrus groves dominate the
land located on the west side of the F.E.C. Railroad. The land
located on the east side of U.S. #1 is predominantly vacant with
several grove areas. There is also another mobile home park
located to the north of the subject property on the east side of
U.S. #1.
Future Land Use Pattern
The Comprehensive Plan designates the
land located around it on the west sid
U.S. #1 Mixed Use Corridor (up to 6
much of the Mixed Use Corridor is
heavy commercial and light industrial
corridor is developed predominantly
family residences.
42
B subject property and the
e of U.S. #1 as part of the
units per acre). Although
developed predominantly in
uses, this portion of the
in mobile -home and single-
The land located on the east side of U.S. #1 is designated as
LD -2, Low -Density Residential 2 (up to 6 units per acre).
The Comprehensive Plan states that within the designated MXD
areas, "the County shall encourage, where appropriate, redevelop-
ment in accordance with the dominant land uses and the health,
safety, and welfare of area residents." Since the. predominant
land use in the area is residential, the request for residential
zoning is consistent with the intent of the Plan.
Transportatipn System
The easternmost of the two parcels comprising the subject proper-
ty is three acres in size and has direct access to U.S. #1
(classified as an Arterial street on the Thoroughfare Plan). The
remaining five (5) acre parcel has access to U.S. #1 through an
easement which extends over the north twelve (12) feet of the
easternmost three (3) acre parcel of the property. North U.S.
Highway #1 has a level -of- service "A" during peak season. The
maximum development that could occur with the proposed RM -6
zoning would generate 336 average annual daily trips. This would
not affect the level of service of North U.S. Highway #1.
Environment
The subject property is not designated as'environmentally sensi-
tive nor is it in a flood -prone area.
Utilities
The subject property is not served by County water nor sewer
facilities.
RECOMMENDATION
Based on the above analysis and the Planning and Zoning Com-
mission's recommendation, staff recommends approval.
The Chairman asked if anyone present wished to be heard.
There were none.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously (4-0)
closed the public hearing.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously (4-0) _
adopted Ordinance 85-94 rezoning 8 acres south of
Schumann Drive west of US1 to RM -6 as requested
by John Allen and Avanelle Wells.
43
V 6 1985 Boa 62 FAGF'669
I
r NOV 6 1985
eoaK 62 PacF 670
ORDINANCE NO. 8S-94
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE
ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP
FOR THE PROPERTY DESCRIBED HEREIN, AND PROVIDING
FOR EFFECTIVE DATE.
WHEREAS, The Planning and Zoning Commission, sitting as the
local planning agency on such matters, has held a public hearing
and subsequently made a recommendation regarding this rezoning
request; and
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
WHEREAS, The Board of County Commissioners has determined
that this rezoning is in conformance with the Land Use Element of
the Comprehensive Plan of Indian River County; and
WHEREAS, The Board of County Commissioners has held a public
hearing pursuant to this rezoning request, at 4hich 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 of
the following described property situated in Indian River County,
Florida, to -wit:
FROM THE NORTHWEST CORNER OF NORTHEAST QUARTER OF
SOUTHWEST QUARTER, RUN EAST ON THE QUARTER SECTION
LINE A DISTANCE OF 393.12 FEET TO A PIPE ON THE
EAST RIGHT OF WAY LINE OF FLORIDA EAST COAST RAIL-
ROAD, SAID PIPE BEING THE POINT OF BEGINNING;
THENCE RUN SOUTH 22057' EAST ALONG SAID RIGHT OF
WAY A DISTANCE OF 550.6 FEET TO A PIPE; THENCE RUN
NORTH 72013' EAST A DISTANCE OF 828.9 FEET TO A
PIPE ON THE WEST RIGHT OF WAY LINE OF THE PRESENT
U.S. HIGHWAY #1 (OLD U.S. #1 RIGHT OF WAY); THENCE
RUN NORTH 27016' WEST ALONG SAID RIGHT OF WAY A
DISTANCE OF 293.8 FEET TO A PIPE AT THE INTER-
SECTION OF SAID QUARTER SECTION LINE; THENCE RUN
WEST ON SAID QUARTER SECTION LINE A DISTANCE OF
870 FEET, MORE OR LESS, TO THE POINT OF BEGINNING;
LESS ROAD RIGHT OF WAY, ALL IN SECTION 17, TOWN-
SHIP 31 SOUTH, RANGE 39 EAST. ALL ABOVE DESCRIBED
LANDS LYING OR BEING IN INDIAN RIVER COUNTY,
FLORIDA.
Be changed from C-1, Commercial District, to RM -6, Multiple -
Family Residential District.
All with the meaning and intent and as set forth and
described in said Zoning Regulations.
Approved and adopted by the Board of County
Commissioners of Indian River County, Florida on this 6th day
of November , 1985.
BOARD OF UNTY COMMISSIONERS
OF I AN R VER COUNTY
P RICK B. L , Chairman
44
LETTER IN SUPPORT OF HOSPITAL ALS SYSTEM
The Board reviewed the following letter from Michael
O'Grady, President of Indian River Memorial Hospital, Inc.:
INDIAN RIVER MEMORIAL HOSPITAL, INC.
Dan K. Richardson
Chairman. Board of Directors
November 1, 1985
BY HAND DELIVERY
Mr. Michael Wright
County Administrator
1840 - 25th Street
Vero Beach, FL 32960
Dear Mr. Wright:
Michael J. O'Grady, Jr.
President
In order to expedite progress of the Indian River Memorial
Hospital ALS system, it would be helpful to have a letter from
county authorities indicating support for the variance we are
seeking.
State regulations require all ambulances to be ALS equipped
and staffed with a paramedic. At this time, such an extensive
program would be cost -prohibitive. We plan a dual -response
system involving the existing BLS ambulance services, together
with hospital paramedics responding in (4) ALS equipped
station wagons. It appears that this system would provide the
most flexible coverage and would be most compatible with all
other agencies involved.
We have received letters of endorsement from all EMS agencies
in the county, but should also have something in writing to
indicate the support we have received from the Board of
County Commissioners.
Attached is a sample letter which the County Commission may
wish to use in creating a letter of their own.
Very Truly Yours,
. L411 C Lt,&
Michael J. ' rady, r.
President
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
authorized the.Chairman to write a tetter of
support as requested by Mr. O'Grady.
45
005 BOOK
6 F'A�E6l1
N
61985 BOOK 62 PAGE 672
AWARD BID ON UTILITY DEPARTMENT CITRUS GROVE
Administrator Wright reviewed the following memo, noting
that the high bid is $20,000 more than anticipated and consider-
ably higher than the next highest bid:
TO: The Honorable Members of DATE. November 4, 1985
the Board of County Commissioners
THRU: Michael Wright SUBJECT: CITRUS BID
County Administrator
i,4�
,
FROM: L . s .I'�T y" Thomas REFERENCES:
Intergovernmental Coordinator
FILE:
Attached are six bids which were received for the 1985
citrus crop on the grove purchased by the Utilities Depart-
ment.
The high bid was by .Hubert Graves Packing Co., Inc.
in the amount of $73,502.00.
I recommend this high bid be accepted.
Mr. Steve Futch, our County agent has been out of town
but will return Wednesday morning. He will review these
bids early Wednesday morning before the Board is asked to
approve this bid.
LST/mg
Bids - Hubert Graves Packing Co. $732502.00
Fulford - Citrus $20,500.00
Golden River Packing Co. $20,100.00
Estes Companies $32,000.00
Riverfront Groves, Inc. $12,000.00
Economy Packing Company $152000.00
Commissioner Scurlock asked if all were bidding on the same
acreage, and it was confirmed that they were.
MOTION WAS MADE by Commissioner Scurlock, SECONDED
by Commissioner Bird, the Board unanimously (4-0)
awarded the bid on the Utility Department citrus
crop to the high bidder, Hubert Graves Packing
Company, in the amount of $73,502.00.
46
_I
Administrator Wright inquired whether this money should go
back in to the Utilities Department and not the Parks Fund, and
it was agreed that it should go back to Utilities since the land
was purchased out of that account.
THE CHAIRMAN CALLED FOR THE QUESTION. It
was voted on and carried unanimously (4-0).
DISCUSSION RE FUNDING OF PUBLIC DEFENDER'S OFFICE
The Board reviewed letter received from Public Defender
Elton Schwarz:
MARTIN COUNTY OFFICE:
(MAIN OFFICE)
SUITE 215, COURTHOUSE ANNEX
P. O. BOX 2314
STUART, FLORIDA 33495.2314
(3051283-6760 EXT. 380
LAW OFFICES OF
ELTON H. SCHWARZ
PUBLIC DEFENDER
NINETEENTH JUDICIAL CIRCUIT OF FLORIDA
ROBIN W. FRIERSON
DEPUTY PUBLIC DEFENDER
ELIZABETH M. WILKINSON
BUSINESS MANAGER
October 1 1 , 1985
DIRECT LINES TO MAIN OFFICE:
(305) 287-2966 (STUART)
( 305 ) 464-8564 ( FORT PIERCE)
( 305) 562.1515 ( VERO BEACH)
30
REPLY TO: Stuart f
Board of County Commissioners of Indian River Count
yOer
0 J
1840 25th Street
100
Vero Beach, Florida 32960 - �o8oy?o�d�,,
Dear Commissioners:
I wish to express my sincere appreciation for the'
cooperation extended by all of the County Commissioners
throughout the Nineteenth Judicial Circuit toward the
providing of adequate office space, telephone services and
other related costs required by statute in order to meet
the needs of this office occasioned by the growth within
our area and the phenominal caseload increases that have
occurred during the past two years. Unfortunately, the State
has neglected to comprehend the critical nature a-nd impact -
of these increases and has failed to provide both
authorized positions and funding necessary to meet the needs
of the criminal justice system throughout this circuit as
well as the rest of the State. This is true not only to
the Public Defender office but to the State Attorney and
Judiciary as well. Unfortunately, my office has no control
over the number of cases where court appointed counsel is
mandated nor to the number of criminal cases filed with the
court.
I was able to foresee this problem last spring during
the legislative session and requested additional
appropriations and positions through our legislative
delegation. This attempt was unsuccessful. I have also
sought a Deficiency Appropriation from the State of
approximately $200,000.00 for the balance of fiscal year
1985-86 and, although I have not yet received official written
notification, I have been advised that this request is being
denied. A copy of this request is enclosed.
47
BOOK 62 PACE -673
,_u
BOOK 62 PAGE 674
At the present time, I presently employ 19 trial
attorneys in addition to myself and Robin Frierson, Deputy
Public Defender. These are distributed amongst tKe four
counties within this circuit with five being assigned to
Martin County, five assigned to Indian River County, seven
assigned to St. Lucie County and two assigned to Okeechobee
County. In addition to supervisory duties among all four
counties, Mr. Frierson is responsible for direct supervision
and preparation of all capital cases throughout the circuit.
During fiscal year 1984-85, ending June 30th of this year,
our capital cases increased 190% from 10 in the previous
fiscal year to 29. Non -capital felony cases increased 66.37%
from 1,002 in 1983-84 to 1,666 while misdemeanors increased
27.79% from 2,890 in fiscal year 1983-84 to 3,693 during
the past fiscal year. This has resulted in a total trial
caseload increase of 36.64% between fiscal year 1983-84 and
fiscal year 1984-85, the highest of any circuit in the state.
According to the Florida Public Defender Association caseload
standards, our current existing caseload generates almost
26 attorneys in order to provide effective assistance of
counsel as mandated by the Constitution and the laws of the
State of Florida. Although our caseload increase is the
highest in the state, our funding level per attorney is the
lowest in the state.
The bottom line is that, as a result of lack of funds,
I will be required to reduce my trial attorney staff by 11
attorneys as of January 1, 1986.
In addition to Mr. Frierson and myself, I will be able
to retain two felony attorneys in martin County, three felony
attorneys in St. Lucie County, two felony attorneys in Indian
River County and one 3/4 -time attorney in Okeechobee County.
This will result in the termination or placing on leave
without pay of two misdemeanor attorneys and one felony
attorney in martin County, three misdemeanor attorneys and
one felony attorney in St. Lucie County, two misdemeanor
attorneys and one felony attorney in Indian River County
and one full-time attorney in Okeechobee County. Three of
my attorneys in St. Lucie County have already given notice
that they will be leaving between November 1 and December
1 of this year. Although we have a number of qualified
applicants for these positions, I have made no commitment
for replacements because of this lack of funding.
As occurred in December of 1982, I again feel that the
most appropriate solution to this problem is to contract
with those of my existing staff who will be placed on leave
without pay or otherwise terminated at a rate commensurate
with their present earnings for up to six months. The three
additional personnel can also be obtained on a contract basis
in order to maintain the necessary staff required to handle
the existing caseload without these cases being referred
to private attorneys at the existing hourly rate of $35.00
per hour out of court and $50.00 per hour in court. As
occurred previously, we would continue to make the county
provided office space available for their use and provide
necessary support services within our existing staff.
Although the exact dollar amounts have not yet been
calculated, the maximum impact upon each of the counties
would be approximately $2,400.00 per attorney per month which
would be less than 2 of the amount needed to pay special
assistant public defenders appointed on a per case basis
by the court.
48
W
W
Although it will be approximately 21 months before this
cutback is necessitated, I feel it only appropriate to give
advance notice so that you may give adequate consideration
to this problem before a final decision is needed. I will
be out of the state from October 25th until November 11th
and will appreciate the opportunity of discussing this
situation with the Board at your convenience upo/deny return.
VeiZ i t_Dj �y. you
warz
Commissioner Scurlock did not see that we have a lot of
option. He was, however, a bit irritated that such a request did
not surface during the budget process, and we, therefore, did not
levy for it. Now we will have to take it out of our reserves
which have been depleted.
Commissioner Bird wished to know whether all of our options
have been exhausted with the state.
Robin Frierson, Deputy Public Defender, advised that they
have; they did get a definite letter from the Governor denying
their deficiency appropriation. It was suggested that they
contact the other Public Defenders throughout the state to see if
they had any additional funds, but it appears they all are in
about as bad shape.
Commissioner Bird noted that apparently our option is either
to provide this funding or have court appointed attorneys, which
will cost much more.
Chairman Lyons did not feel there is any question but that
we will need this staff because of the caseload, and while we are
once again stuck with something the state should have handled, he
agreed this is the cheapest way out.
Commissioner Bird asked what kind of response the Public
Defender is getting from the other counties. Mr. Frierson
reported that Martin and St. Lucie Counties wanted copies of
their budget, which they are going to review and meet again on
the 16th to make a final decision.
49
®V 6 1985 BOOK: 62 FACE 675
OV
e �
BOOKJ 62 Far- 676
Discussion followed re the actual amount needed from the
county by the Public Defender's office and Mr. Frierson explained
that this covers three attorneys at $2,375 per month each, or
$7,125 per month for six months.
County Attorney Vitunac informed the Board that next Friday
the attorneys for all four counties are meeting to discuss this
problem and other matters, and he felt possibly the Board might
want to make their offer contingent on the other three counties
taking the same action.
Commissioner Scurlock stated that he did not really care
what the other three counties do as he felt there is a need.
Administrator Wright reported that he discussed this with
Judge Vocelle, who agreed that the other route would cost more.
Commissioner Bird wished to be sure these funds will be
spent within this county, and Mr. Frierson assured him they will
be for the three attorneys who work in this county only.
MOTION WAS MADE by Commissioner Scurlock, SECONDED
by Commissioner Bird, to approve the request of the
Public Defender as submitted in his letter dated
October 11, 1985; the funds to be taken from Contin-
gency.
Discussion ensued regarding the increase in our criminal
population, and it was emphasized that the new sentencing
guidelines now put the burden on the counties.
THE CHAIRMAN CALLED FOR THE QUESTION. It was
voted on and carried unanimously (4-0).
(CONTRACTS ARE ON FILE IN THE OFFICE OF THE CLERK)
COUNTY WATER DISTRIBUTION SYSTEM - ENGINEERING SERVICES 2ND ST.
WATER LINE
The Board reviewed the following staff memo:
50
TO: THE HONORABLE BOARD AF, DATE: OCTOBER 18, 1985
COUNTY COMMISSIONER ) 4
THRU: TERRANCE G. PINT 1,js/f SUBJECT: INDIAN RIVER COUNTY WATER
DISTRIBUTION SYSTEM
FROM: RONALD R: BROOKS
DESCRIPTION AND CONDITIONS
The South County Water Distribution System consists of the following
service area corridors:
1. U.S. #1 Corridor
2. Old Dixie Highway Corridor
3. 20th Avenue Corridor
4. Oslo Road/State Road 60 Corridor.
The looping of these corridors is essential to provide adequate system
pressure and flow, as well as provide alternative avenues of service when
water line failures occur or temporary line shut -offs are necessary.
In addition to the looping, major water line arteries are needed to provide
water service availability to heavily developed areas that presently do not
have water service.
Th -e Old Dixie and 20th Avenue corridors presently provide water to an
extensive service area. These corridors are presently serviced by only
eight inch lines and are interconnected with the water plant at only two
locations, Oslo Road and 12th Street. A line failure or shut off at these
two locations, particularly the Oslo Road connection, would create sig-
nificant water pressure and flow problems; and in some cases, temporary
loss of service.
The Utilities Department is initiating a program of looping the four
service corridors to provide improved water flow, alternate avenues of
service in the event of line failures or shut offs, and major arteries for
water service availability to heavily developed areas. The looping of the
Old Dixie and 20th Avenue corridors is critical due to the size of the
lines and the extensive population presently served.
A waterline is presently under construction by a developer at Old Dixie
and 2nd Street. The Utilities Department intends to continue the line to
20th Avenue and provide a much needed loop between the Old Dixie and 20th
Avenue service corridor as well as provide water service availability to
the heavily developed Indian River Heights Subdivision._
An estimated cost for the construction is provided in Exhibit A. The
Construction costs will be covered by utilizing water impact fees.
RECOMMENDATION
Attached is an agreement for engineering services by Masteller and Moler
Associates, Inc. for the design, permitting and construction of an eight
inch water main for 2nd Street between Old Dixie Highway and 20th Avenue.
Staff recommends that the Honorable Board of County Commissioners authorize -
the Utility Department to pursue the construction of the 2nd Street water -
line; and further, authorize the Chairman of the Board to sign the attached
Agreement for engineering services in the design, permitting and con-
struction of the line. -
51
®V 6 1985 aooK 62 PA,E 677
Nov? 61995
BOOK 62 FA -,J -r.678
MOTION WAS MADE by Commissioner Scurlock, SECONDED
by Commissioner Bowman, to authorize the Utility
Department to pursue construction of the 2nd Street
water line and to authorize the Chairman to execute
the agreement with Sippel, Masteller, Lorenz
Hoover, Inc., for engineering services re same in
the amount of $9,700.
Chairman Lyons expressed the desire to see some kind of a
map of the distribution system, and Commissioner Scurlock
informed him that the Master Plan for our water distribution is
just about complete. He felt we now have a program that we can
show through the computer with overlays of the entire distribu-
tion and collection system. As the program is implemented, he
believed it will become very efficient.
Administrator Wright noted that the Data Processing
Committee is considering this in their overall scheme.
THE
CHAIRMAN
CALLED FOR THE QUESTION.
It
was
voted on
and carried unanimously
(4-0)
52
INDIAN RIVER COUNTY
Date: 11-6-85
Work Authorization No. 2 for Consulting Services
Project No. 2 (County) (Sippel, Masteller, Lorenz & ,
Hoover, Inc.)
I. PROJECT DESCRIPTION
Title: Consulting Engineering services relative to the Second (2nd) Street
8" diameter water main extension west from a point approximately
1150 ' west of Old Dixie Highway to Twentieth (20th) Avenue con-
sisting of approximately 4,850 feet with valves, hydrants, and
appurtenances. Budget estimate for construction cost is $115,500.00.
II. SCOPE OF SERVICES AND LUMP SUM FEE FOR SERVICES
Reference is made to the "Agreement for Professional Services" dated
April 24, 1985 and specific Article numbers and paragraph numbers
which are listed hereinafter to describe the scope of services in-
cluded on this project:
A. Project Design Services per Article 4, paragraph 4a. and 4b.
B. General Services During Construction per Articl'e 5, paragraph
5a. and 5b.
C. Supplementary and Special Services per Article 6, paragraph 6c.,
6d., 6e., 6f., and 6g. In addition, our services shall include
field surveys necessary for design and preparation of construc-
tion plans and assistance to the County in obtaining various per-
mits and approvals for construction (permit fees to be paid by
the County).
D. Payment for Services per Article 8, paragraph 8b., the lump sum
fee for A, B and C above is $9,700.00. Payment shall be per
paragraph 8d.
APPROVED BY: SUBMITTED BY:
INDIAN RIVER COUNTY SIPPEL, MASTELLER, LORENZ & HOOVER, INC. BOA�OF C UNTY COMMISSIONERS
Y BY.
tr ck B. Lyons, Earl H. Masteller, P.E.
Chairman Executive Vice President
Date 11-6-85
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
Charles Vitunac
County Attorney
53
Date October 14, 1985
6`79
r- NOV s 1985
WATER EXTENSION - 23RD ST. WEST OF KINGS HIGHWAY
BOOK 62 FAGS 606
The Board reviewed the following staff memo:
_ TO: BOARD OF COUNTY
COMMISSIONERS
THRU: TERRANCE G. PINT 4
FROM: JEFFREY K. BARTON
DESCRIPTION AND CONDITIONS
DATE: OCTOBER 30, 1985
SUBJECT: WATER EXTENSION 23RD
STREET WEST OF KINGS
HIGHWAY
The Route 60 sewer project calls for construction of a gravity sewer line
along 23rd Street west from Kings Highway. This project will cause the
road to be replaced upon completion of the project. Rather than replace
the road again, when water is constructed on 23rd Street, Staff recommends
that a change order to the contract for water construction on 82nd Avenue
and 8th Street be amended to provide the necessary construction on 23rd
Street. The change order would provide the County utilities with a known
unit price for this expansion. Attached are letters from our engineers
outlining the estimated costs and engineering services for this change
order. The estimated cost of $31,834.00 could be recovered by the impact
fees generated by the thirty-six residents along 23rd Street in Riviera
Estates.
RECOMMENDATION
Staff recommends approval of the 23rd Street water projects and would
request the Board of County Commissioners to authorize our engineers,
Sipple, Masteller, Lorenz & Hoover, Inc. to design the 23rd Street water
expansion and draw the change order to the 82nd Avenue and 8th Street
project to complete the work.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
approved the 23rd Street water projects, and
authorized Engineers Sippel, Masteller, Lorenz &
Hoover, Inc., to design the 23rd Street water
expansion and draw the change order to the
82nd Ave. and 8th St. project necessary to com-
plete the work.
54
INDIAN RIVER COUNTY
Date: 11-6-85
Work Authorization No. 3 _ for Consulting Services
Project No. 3 (County) (Sippel, Masteller, Lorenz &
Hoover, Inc.)
I. PROJECT DESCRIPTION
Title: Consulting Engineering services relative to the 8" diameter water
main extension west from the intersection of Kings Highway and
23rd Street (Poinciana Street) consisting of approximately
1315 feet with valves, hydrants, and appurtenances. Budget
estimate for construction cost is $ 32,000.00.
II. SCOPE OF SERVICES AND LUMP SUM FEE FOR SERVICES
Reference is made to the "Agreement for Professional Services" dated
April 24, 1985 and specific Article numbers and paragraph numbers
which are listed hereinafter to describe the scope of services in-
cluded on this project:
A. Project Design Services per Article 4, paragraph 4a. and 4b.
B. General Services During Construction __ger Article 5, paragraph
5a. and 5b.
C. Supplementary and Special Services per Article 6, paragraph 6c.,
6d., 6e., 6f., and 6g. In addition, our services shall include
field surveys necessary for design and preparation of construc-
tion plans and assistance to the County in obtaining various per-
mits and approvals for construction (permit fees to be paid by
the County).
D. Payment for Services per Article 8, paragraph 8b., the lump sum
fee for A, B and C above is $ 2,880.00. Payment shall be per
paragraph 8d.
`APPROVED BY:
INDIAN ER COUNTY
BOA OF D UNTY COMMISSIONERS
Date
i'atMck B. Lyons
Chairman
11-6-85
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
Charles Vitunac
County Attorney
55
SUBMITTED BY:
SIPPEL, MASTELLER, LORENZ & HOOVER, INC.
ByJ nnA.
Earl H. Masteller, P.E.
Executive Vice President
Date October 17, 1985
N,OV61985 BO2 PACE 681
BOOK 62 PAr,E 682
CONTRACT W/CAMP DRESSER & McKEE FOR ENGINEERING SERVICES (SOLID
WASTE
The Board reviewed the following staff memo:
TO: BOARD OF COUNTY DATE: OCTOBER 30, 1985
COMMISSIONERS
THRU: TERRANCE G. PINT
FROM: JEFFREY K: BARTON�
DESCRIPTION AND CONDITIONS
SUBJECT: CONTRACT FOR ENGINEERING
SERVICES (SOLID WASTE)
WITH CAMP DRESSER & McKEE
INC.
On July 10, 1985, the Board of County Commissioners approved the recommenda-
tion of the Selection Committee dated June 24, 1985 (attached) and
authorized Staff to bring back to the Board a proposed contact. Attached
is the proposed contract for services by Camp Dresser & McKee Inc. Staff
has reviewed the proposed contract which can be divided into three (3)
areas:
1. Solid Waste Management Master Plan;
2. Sludge Management Feasibility Study;
3. Septage Feasibility Study.
The total fee for these proposed services is not to exceed $126,860.00.
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve the con-
tract and authorize the Chairman to sign the contract on behalf of Indian
River County.
Commissioner Scurlock stressed that dealing with solid waste
will not be inexpensive; the proposed fee is a negotiated amount
for just the engineering services, and they started out
considerably higher. He believed when the figures come out of
the Master Plan, they will be staggering; this will not be a
situation.any longer where just burying the solid waste is going
to be acceptable, and we will have to look at alternate methods
of reuse, etc.
Commissioner Bird inquired if we could at least recommend to
the engineers that they explore the possibility of working with
St. Lucie County regarding a combined facility.
56
Administrator Wright reported that we were trying to work
towards a three county consortium, but St. Lucie backed out and
is doing their own study. It is possible they may give some
consideration to having this handled by a private enterprise.
Commissioner Bird felt some of the problem might relate to '
St. Lucie being the central location, but Commissioner Scurlock
emphasized that politics is the problem. if you have a three or
four county operation, he believed it would necessitate having
some kind of an authority to control it.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
approved the contract with Camp Dresser & McKee
for a County Landfill Rate Study, including a
Solid Waste Management Master Plan, Sludge Manage-
ment Feasibility Study, and Septage Feasibility
Study, and authorized the signature of the Chairman.
(Said Contract is on file in the Office of the Clerk.)
DEVELOPMENT AGREEMENT WITH ROADSIDE INN
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Scurlock, the Board unanimously
(4-0) approved a Development Agreement with
Vero Motel Associates, Ltd., (Roadside Inn)
and authorized the signature of the Chairman.
57
QV 6 1985 BOOK. 62 PACE 683
N OV 1985
BOOK 62 pAu 684
AN AGREEMENT BETWEEN -
INDIAN RIVER COUNTY, FLORIDA
and
VERO MOTEL ASSOCIATES, LTD.
THIS AGREEMENT made this 6th day of November
_
1985,
by and between INDIAN RIVER COUNTY, a political
subdivision
of the State of Florida, 1840 25th Street, Vero Beach,
FL 32960, hereinafter referred to as "County," and VERO MOTEL
ASSOCIATES,
LTD., 2258 North Military Trail, West Palm Beach, FL '
33409,
hereinafter referred to as "Developer,"
WITNESSETH:
WHEREAS, Developer is desirous of constructing a motel
within
the service territory of the County Utility System; and
WHEREAS, the motel desires water and sewer service
before
the County will be able to construct the necessary force
mains,
lift stations, -and water mains; and _
WHEREAS, to accelerate the availability of water and
sewer service to the Developer's property, the Developer has
constructed, or will construct, certain off-site utility
improvements to County specified sizes which are in excess of the
size required solely for the Developer's motel; and
WHEREAS, the County has agreed to credit to the
Developer the oversizing costs as a portion of his water and sewer
impact fees,
NOW, THEREFORE, for and in consideration of these
premises and other good and valuable consideration, the County and
the Developer agree as follows: _
1. Water Mains
The Developer's project requires not more than an
eight -inch water main to be constructed while the County Master
Plan size requires that the water main be twelve -inch. The cost
of an eight -inch line is approximately $11,231 while the cost of a
twelve -inch line is approximately $28,280. The County shall allow
a credit against water impact fees for an amount equal to $2.00
per inch per foot of this oversizing, plus $775. for an additional
valve, for a total credit of $7,175.
58
2. Lift Station
The Developer's project requires a private lift station
which would cost $18,980. The cost of the subregional lift
station required by the County in lieu of the private lift station
would be $39',-030, being a difference of $20,050. The County shall
give credit for this difference against sewer impact fees owed by
the Developer for his motel project.
3. Force Main
The Developer shall construct a force main at the County
Master Plan size at a cost not to exceed $50,700. Since this same
force main had been contracted for by the County with another
contractor at a higher price, the County will reimburse the
Developer for the total construction cost of the force main at a
price not to exceed $50,700 and appropriate change order will be
made in the contract between the County and the original _
contractor to delete this section from the work required to be
performed.
4. Impact Fees
The Developer's motel project shall be considered the
equivalent of fourteen equivalent residential units which owe the
following impact fee:
A. Water Impact Fee
14 x $1,140 = $15,960.00
Less - 7,175.00
credit for
oversizing water
main
$ 8,785.00
Amount due County
B. Sewer Impact Charge
14 x $1,250 $17,500.00
~ Less -20,050.00
credit for
subregional
lift station
construction costs
-$29550.00
Credit to Developer
.C.. Summary of Costs
$ 8,785.00
excess water impact
fee owed to County
Less .-2,550.00
sewer credit County
owes Developer
$ 6,235.00
TOTAL OWED COUNTY
5. Payments Due
All fees owed to the County shall be. paid before any
Certificates of Occupancies are issued for the project.
59
NOV 6 1985 BOOK 62 PAG, 6S5
OV 6 1985
Dated: VE
( �zm,j fid. �:.:P� By
Dated:
November 6, 1985
WitlHess
e
T
W ess
Approved as to form
and legal sufficiency:
�_aa
Charles P. Vitunac,
County Attorney
BOOB 62 PA.0 686
RO MOTEL ASSOCI TES, LTD.
IN I IVER CODUN , FLORIDA
OF
y . G_
P ick B . on ,
hairman
Approved as to tech ' al
content:
By
rrence Pinto, irector
Division of Utility Services
REQUEST TIME EXTENSION FOR JAI -ALAI
The Board reviewed the following letter from Ron Landy,
Director of Public Relations for Ft. Pierce Jai -Alai:
60
M M M
� ® r
0
GUILLFRMO J. DIAZ
Vice President IIW46§
and General Manager
Contact:
RON LANDY /
Public Relations Director �"�._
Board Of County Commissioners
Indian River County
1840 25th Street
Vero Beach FL 32960
Dear Sirs:
FY. PIERCE ♦r
KINGS HIGHWAY AT PICOS ROAD
RURAL ROUTE 7, FT. PIERCE, FLORIDA 33451
Telephone: (305) 464-7500
or in season (Toll Free)
1-800.432.6147
I wish to appear before the Indian River County Commission at its next
regular meeting.
I seek the endorsement of the commission for efforts by Fort Pierce Jai -Alai
to increase it's season by 50 days. The State legislature will decide that question
next year but a show of local and area support is important in convincing it to
grant our request.
Please let me know when you can schedule me to appear. Thank yoft.
Sincerely,
Ron Land , APR'
Director of Public Relations
Commissioner Bird stated that, without having additional
input, he was not ready to support a time extension.
Commissioner Scurlock noted that our allocation from the
state pari-mutuel funds is constant, and his question was, if
these activities are expanded and more funds come in, why hasn't
the state been willing to participate with us on some sort of
sharing basis.
Administrator Wright confirmed that the Florida counties
only receive about 1/3 of the funds collected.
61
1985
BOCK U2 Poria 687
NOV 6 1985
BOOK 62 fAr,G6o
Commissioner Scurlock further noted that the pari-mutuel
funds originally were supposed to be used.for education, and he
wished to know where these funds are going.
Commissioner Bird felt we should address this matter with
our Legislative Delegation.
Commissioner Bowman asked if Mr. Landy was notified when to
appear, and Administrative Aide, Liz Forlani, confirmed that Mr.
Landy had been notified, but he has not appeared.
It was agreed to take no action at this time.
DISCUSSION IN REGARD TO USE OF DOUGLAS SCHOOL
Administrator Wright referred the Board to his memo
summarizing the proposals made by those who are interested in
making use of the Douglas School site:
TO: The Honorable Members of DATE: October 28, 1985 FILE:
the Board of County Commissioners
SUBJECT: Douglas school
FROM: Michael Wright REFERENCES:
County Administrator
Four organizations have expressed interest in entering
into long term lease agreements for all or part of the Douglas
- - School site in Wabasso. In addition, two of the groups want
cash contributions to improve the conditions of the buildings
and grounds. T -
nds. he other two entities '1
g ties wi 1 use non County
funds. In no particular order, I shall attempt to summarize
the most recent requests of each interested party.
Economic Opportunities Council of Indian River Countv:
Executive Director Leonard Edwards wants the use of classrooms
six, seven, eight and nine, the grass area between the build-
ings and the grass area immediately north of the classrooms.
The organization is willing to pay $170 a month rent and
wants the County to contribute $12,000 to pay for what Mr.
Leonard estimates to be necessary renovation expenses.
Indian River County Housing Authority: Executive Direc-
tor Ed Regan has requested a long term arrangement for the
entire site to develop low cost housing. The request does
not include the land set aside for the Wabasso station of
the North Indian River County Fire Department. Funding for
the renovations would come from state and federal sources.
Housing Authority representatives met late last week with
approving agencies and absent any last minute changes, the
project's approval is considered a "long shot".
62
� ® s
Wabasso Civic League: Representative Ervin Cartwright
is seeking donation of the cafeteria area for a multi-purpose
community building. He also is requesting funds from the
Commission to renovate the structure and once it is improved
to an acceptable level, his organization will provide the
necessary maintenance. In the attached report, Lynn Williams
estimated minimum renovation costs to be under $8,000. Mr.
Cartwright believes the estimate is too high and can be done
for less.
Department of Corrections; This agency is again seeking
use of the site for a community-based correctional center
for work release and youthful offenders. In addition to
their earlier proposal, the Department has tentatively agreed
to provide the necessary labor at no cost, to construct the
fire department building and when reasonably feasible, to
make the cafeteria available for community meetings. Discus-
sions have been held regarding a lease and sub -lease arrange-
ment between the County, Fire District and Department of
Corrections that would stimulate sufficient funds to purchase
the materials for the Fire Department building. I'll be
able to discuss this possibility in more detail after the
Department of Corrections inspection just prior to the Novem-
ber 6th meeting. No funds would be expected from the Commis-
sion.
Wabasso Station, North Indian River County Fire District:
The District has requested and the Commission has tentatively
agreed to turn over a parcel of land in the southwest corner
of the site as depicted on the attached map.
To my knowledge no other organization has expressed
interest in the property. If there are any questions, please
advise.
Administrator Wright informed the Board that Mr. Edwards of
the E.O.C. is here today and feels they have a good chance to get
some federal funds for renovations; a representative of the
Housing Authority also is here and feels they have an even better
chance to obtain some federal money to put in housing; and the
D.O.C. indicated yesterday they would be willing to enter into an
agreement, which, through some leases and other options, would
have the net result of an building an $100,000 fire station along
with the Wabasso center.
Commissioner Scurlock wished to make it known right off that
he was not interested in either the Department of Corrections or
the Housing Authority having this property, but would prefer to
work out something between E.O.C. and the Wabasso Civic League.
Commissioner Bowman expressed concurrence with this posi-
tion, and Commissioner Bird agreed he also would rule out the
D.O.C., but he would like to hear what the Housing Authority has
to say.
_- ®® 63
�� 4A85 BOOK �� FAIJi89
.
NOV 6 1985 BOOK 62 FAcc 600
Commissioner Scurlock noted that the Head Start Prodram has
a dramatic effect on the education of the young people in the
community, and he, therefore, felt the school system should
consider participating in some way.
Commissioner Bowman agreed on the importance of the Head
Start Program, but stated that she would not like to see the
School Board take over that program or even contribute to it as
she did not want them to have any strings on the funds for that
program.
Chairman Lyons commented that he has heard three Board
members state that they are not interested in talking to the
D.O.C. and one has stated that he wants to hear from the Housing
Authority.
Commissioner Bowman stated that she would like to hear from
the Housing Authority also.
The Chairman suggested the Board hear from those interested
in Douglas School in the order listed in the Administrator's
memo, but Mr. Edwards of the E.O.C. requested that the Housing
Authority be allowed to make their presentation first.
Daphne Strickland came before the Board representing the
Housing Authority. She noted that these buildings originally
were put up for a school and naturally that is their best use,
but they are deteriorating because of the abandonment and
vandalism. Mrs. Strickland informed the Board that the County is
now eligible for funding from a Community Development Block Grant
up to $650,000. The Housing Authority feels that for $550,000,
they could change the 10 classrooms into ten two bedroom apart-
ments, put five one bedroom apartments and one two bedroom
apartment in the original building, and use the cafeteria for a
community center. If they went for the maximum grant of
$650,000, they could put in $100,000 for a fire station on the
area designated for a fire station. Mrs. Strickland noted that
neither Community Development nor HUD ever has converted a school
of any kind in this state, and they both have been approached and
64
are encouraging the Housing Authority to put in an application to
see what could be done. She believed we have a much better
chance of obtaining a grant than before as both the Department of
Community Affairs and HUD feel there will be 200 less applicants
this year. With fewer applicants, with an unusual program, and
with the reduction in the percentage scoring basis, the Housing
Authority feels it has a pretty good chance, possibly 500. The
application would have to be in the hands of Community Affairs by
December 23rd, and they would give the Housing Authority an
answer in February. Therefore, if the Housing Authority could be
given an option for 120 days, it would be sufficient to determine
what they could do.
Commissioner Bird agreed with the need for affordable
housing and commended the Housing Authority for pursuing this
opportunity, but he believed in this particular section of the
County, there is a more pressing need to provide programs for the
people who already live there rather than bringing additional
people into that area.
Mrs. Strickland noted that the reason they are putting in
for the cafeteria area is in order to make it a community center.
Commissioner Bowman inquired if their agency would allow
them to build a $100,000 firehouse, and Mrs. Strickland confirmed
that this would be allowable under the grant.
Considerable discussion ensued re the proposed project and
the cost of the units, which Commissioner Scurlock figured at
$30,000 each.
Mrs. Strickland pointed out that the community center would
come out of the $650,000 grant, plus the water and sewer plant
and the fire station. She stated that they had figured about
$60,000 for water and sewer, $30,000 for site preparation, and
$25,000 for the community center with $326,000 for rehabilitation
of 16 units.
Commissioner Scurlock felt that still would be about $22,000
per unit. He noted that he had reviewed this site and did not
65
0V 6 1905 @Oily 62 PArE 691
J
NOV6 1985 BOOK 62 FADE 692
believe that the classrooms are in that bad a condition; he also
felt the roof trusses are all right. The frame building in the
front, however, he felt should be torn down because it easily
could catch on fire and destroy the whole complex.
Commissioner Bowman believed that someone might want the
lumber from that building.
Discussion ensued as to the fact that there would be a
community center and a fire station, and also the fact that our
history with the Community Development Block Grant program has
not been good; the Administrator commented that it would be a
half a million dollar gamble for 120 days.
Commissioner Scurlock still felt the price per unit was
high, and Administrator Wright noted that the estimations
probably were high, and also it must be kept in mind that there
is no heat, no plumbing, no air, etc.
Leonard Edwards, Executive Director of the County Economic
Opportunities Council, next came before the Board and advised
that Mr. Tom Jordan, Bureau Chief for HHD (Department of Health
and Human Services), had assured him there was renovation money
available. Director Edwards explained that their original
proposal was for classrooms 6, 7, 8 and 9, and the reason for
this is that they are bussing almost 40 kids in from the North
County to Winter Beach. Mr. Edwards felt confident they could
get funded in March or April of 1986, but noted there are some
restrictions. The County would have to allow them to have a
lease for at least ten years; also all improvements that are made
initially will have to stand - no new stipulations could be
placed in there after they took possession of the building.
There would be bids for the necessary renovations, and they
requested around $68,000 which they thought was about what the
total renovation would require.,
Administrator Wright clarified that the four classrooms the
E.O.C. is talking about are kind of in the center. There is a
66
grassed area, and the E.O.C. wants the two classrooms on each
side as well as the grassed area to the north of those buildings.
Commissioner Bird asked what would be done with the
remaining 5 or 6 classrooms.
Director Edwards stated that they have thought about phasing
one of their centers down at the old St. Peter's Church and
moving those three classrooms to Winter Beach. They then
wouldn't have to pay rent for that building and could use those
funds for the Douglas School.
Commissioner Bird inquired if this is a day care situation,
and it was explained that it is more than that; the hours are
longer; and it offers those mothers and fathers an opportunity to
earn a living and stay off welfare.
Chairman Lyons asked what would happen in regard to a
community center for the area, and Director Edwards stated that
the community could continue to have the cafeteria facility;
their only possible need for that facility would be for
graduations or a parent activity or something of that sort.
Question arose as to how they feed the children in the Head
Start Program, and it was pointed out that they would have a
kitchen in their area.
Discussion ensued re the water and sewer system for the site
and also as to the likelihood of their being funded. Director
Edwards stated that they have been assured they would receive the
funds if they could get the facility; although they do not
actually have anything in writing to that effect.
Chairman Lyons inquired what they are going to do'about a
sewer plant when they have only asked for $68,000, and
Administrator Wright felt they might be able to use a large
septic tank.
Michael Galanis of Environmental Health believed if this
involves only 40 or 50 small children and a small kitchen that
something could be designed, but even a small system would run
67
N 0V 6 1985
:BOOK 62 PArE 693
A
�� OV 1985 BOOK 62 PAGE 694
$1"2-15,000 and there also might be quite a bit to do with the
well.
Commissioner Bowman felt there is a septic tank there, but
Mr. Galanis advised that the septic tank primarily serves the old"
kitchen facility; the classrooms are connected to an old sewage
plant that has been inoperative for a long time.
Chairman Lyons emphasized that he wants to find a way to
have whoever is the tenant maintain that whole place and end up
with a community center for the Wabasso area, and he did not feel
this proposal will do that.
Commissioner Scurlock inquired who maintained the Winter
Beach School that Head Start now uses, and Director Edwards
advised that the E.O.C. maintains the interior and exterior of
the building, as well as the liability insurance, but the grounds
are maintained by the county.
Commissioner Bird felt it might be wise to allow both the
E.O.C. and the Housing Authority to pursue their grants.
Director Edwards pointed out that quite a few Head Start
Programs are in residential development projects, and stated he
would have no problem with the Housing Authority project if they
would be willing to have the Head Start Program.
Commissioner Bird asked if the E.O.C. would want to lease
everything except for the cafeteria, and Director Edwards said
that he had a problem being responsible for the whole complex.
They do not want the old frame building; they want the classrooms
in the center which are isolated from the rest of the building
and have private bathrooms.
Commissioner Scurlock expressed his belief that if Head
Start occupies this facility, they will have additional needs as
the years go by and eventually will take over the whole complex.
Reverend Cartwright next came before the Board to speak for
the Wabasso Civic League and stated he had the usual complaint;
they want to have a community building they can use, not just at
night but whenever they wish. He stressed that they have tried
68
to get the cafeteria released from the county for a long time.
He then went over the history of the school, emphasizing that the
money for the property was donated by the poor workers of the
area at a time when they were getting only 35-404 a day, and he
felt the School Board should have given the building back to the
community. Reverend Cartwright then expressed the community's
objections to having a corrections facility anywhere close to
Wabasso.
Commissioner Bird believed the Reverend Cartwright had heard
the Board members' statements in that regard and realized that
there is not one who would vote for the D.O.C. having the
facility.
Reverend Cartwright stated that he wanted to have that on
record.
Commissioner Bird asked Reverend Cartwright as a representa-
tive of the Wabasso Civic League to express their opinion of the
two proposals offered this morning by the Housing Authority and
the E.O.C., both of which would give the community the ability to
use the cafeteria.
Reverend Cartwright felt the community would have no
disagreement with either Head Start or the Housing Authority as
long as they get the cafeteria.
Mrs. Margaret Ingram of the Wabasso Civic League expressed
her disappointment with the County Commission, who she felt has
done nothing but shuffle this facility about like a hot potato
for four years while the League has done everything they can to
come up with a program. Mrs. Ingram did not feel the League has
any conflict with the Head Start Program and they do need
housing, but she did not think the Civic League should be making
this decision; that is what the Board was elected for and it is
their responsibility.
Commissioner Scurlock felt that Mrs. Ingram's statement was
unfair. The Board has tried very hard to address the situation.
69
NOV 6 1985 _BOOK 62 FAGF695
N O V
6 1995
BOOK
62 PAGE 666
The Florida Health group did
present a solution, and
we worked
with them quite some time but their funding fell through. Com-
missioner Scurlock frankly felt that the County never should have
accepted the school site, but unfortunately we did and we have
looked at every way in the world to come up with some reasonable
use but just have not been able to do it. He pointed out that if
we funded this community center, we would have to do the same for
Roseland, Fellsmere, Rockridge, etc., as many areas would like to
have a community center. He believed in some cases, the League
didn't get its act together.
Commissioner Bird concurred that the Board wasted a year
with the medical group who assured us they had the funding.
Mrs. Ingram contended that no one had ever met with the
Civic League and talked to them about all this, but she was
informed that the Administrator had met several times with
Reverend Cartwright, who is President of the Wabasso Civic
League, and as such it was assumed he would represent the League.
Mrs. Broxton, a member of the Civic League, expressed her
preference for the Head Start Program.
Commissioner Bird believed the Board is in agreement that we
want to make the cafeteria available to the Wabasso Civic League,
but he did feel that both authorities should be allowed to pursue
a grant as there is no guaranty that either one will be
successful.
Commissioner Scurlock stated that what he would like the
Board to do is authorize the County Administrator to tear down
the wooden structure immediately, indicate Head Start would be
the agency we would like to see occupy the facility, and then
work with.the Progressive League to see what kind of money they
Y
can come up with for the cafeteria as he did believe it actually
is usable right now.
Commissioner Bird inquired about the length of time needed
to renovate the cafeteria, and the Administrator noted that it
would have to go through the site plan process.
70
M M M
Commissioner Bowman stated that she would not like to see
the County tear down the frame building, but would like it to be
advertised to determine if anyone was interested either in moving
it or tearing it down.
Administrator Wright assured her that staff will advertise
before proceeding to tear it down.
Chairman Lyons asked what Head Start would have to have in
order to move ahead, and Director Edwards advised that they are
going to need a ten year lease before they can make an applica-
tion. Along with the site plan improvements that are needed,
there is a stipulation that whatever improvements are identified
initially are the ones that will be adhered to. No additional
improvements can be demanded after that.
Commissioner Bird asked if we can have a lease that will
stipulate that it will become void if the Program cannot get the
funds, and Director Edwards agreed that would be done.
Chairman Lyons felt the issue is what happens to the
community center.
Director Edward saw no problem with including what is needed
for that renovation in their application and if they have to
justify the usage of this area to Atlanta, they could state that
it would be used for parent meetings and graduations.
Administrator Wright inquired why they could not put their
kitchen in the cafeteria area, and Director Edwards explained
that if they did, their area would have to be partitioned off as
they cannot allow other people to use their kitchen area.
Chairman Lyons continued to emphasize that he wants whoever
takes this over to be in a position to assure that this building
will be maintained by some responsible party and still be avail-
able to the Civic League as the Civic League has indicated they
do not have the money.
Director Edwards.did not believe maintenance of the
cafeteria should amount to more than $3,000 a year and he felt
their agency would pick up the insurance. He did hope the Civic
71 �? �ry
NOV 6 1985 BOOK 6 PAGE 69
Fl -
N OV 6 1985 BOOK6�8
League could donate something towards their use of the utilities;
it could be prorated according to their use.
Commissioner Bird asked if there could be an agreement with
the League about maintenance and paying for utilities, and
Reverend Cartwright believed if the cafeteria was brought up to
standard, the League could maintain it.
Commissioner Scurlock felt that if this facility is used by
Head Start, that is a school use, which would not be a change of
use and would not require site plan approval.
Administrator Wright believed it would be a community
building which is a change of use.
Commissioner Scurlock did not agree as Head Start would be
responsible for the facility, and Director Edwards felt the
League meetings could be called parents meetings.
Discussion ensued about the need for future renovations,
i.e., a new roof, and Director Edwards advised that when that
time came, that year they could apply for supplementary funds for
renovation; it would be a one time thing; the same as when they
need new busses.
MOTION WAS MADE by Commissioner Scurlock, SECONDED by
Commissioner Bowman, to authorize the Administrator to
proceed with the steps involved in getting the frame
building taken down, to have Attorney Vitunac work with
the Head Start group to come up with a proposed lease,
and to reschedule this item for a future agenda.
Commissioner Bird noted that when this item comes back to
the Board, we will face the actual renovations at that time. He
w
felt we should check and see just what is required re a site plan
and whether this actually is considered a change of use.
Attorney Vitunac stated that he would check this out with
Planning Director Keating.
72
r
Chairman Lyons believed we are, in effect, telling the
Housing Authority not to go ahead with their application.
Commissioner Bird hoped that Head Start is successful in
obtaining their grant, but if they are not, he felt that opens
the door for the Housing Authority to resubmit.
Mrs. Strickland emphasized that there is no way the Housing
Authority can submit unless they go ahead today.
Commissioner Scurlock commented that if this new proposal
doesn't work out, he is in favor of giving this complex back to
the School Board.
Discussion ensued re a fire station, and the Administrator
advised that the property has not been deeded for a fire station
nor is there a survey; we have just reserved the property.
COMMISSIONER SCURLOCK CALLED FOR THE QUESTION.
It was voted on and carried unanimously (4-0)
APPOINTMENTS TO ENVIRONMENTAL CONTROL BOARD
In discussion it was noted that we still need to appoint an
engineer and two others, who do not have to meet any specific
requirements, to the Environmental Control Board.
Commissioner Bowman spoke in favor of Dr. John Orcott, whom
she felt has very impressive credentials, and Commissioner Bird
stated that he would recommend Richard Votapka to fill the
engineering slot.
After further discussion of those who had submitted resumes,
Commissioner Scurlock stated that he would nominate John Pearce.
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Bowman, the Board unanimously
(4-0) closed the nominations.
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Scurlock, the Board unanimously
73
aQOK 64 FACE 699
BOOK 62 PAGE 700
appointed Dr. John Orcott, Richard Votapka, and
John Pearce to the Environmental Control Board.
APPOINTMENT OF JAIL CLERK OF THE WORKS
The Board studied resumes for the position of Project
Representative at the new jail site received from Richard
Lamberth, William Orazi, and Walter Swentzell.
Commissioner Bowman believed the resume submitted by Walter
Swentzel indicates that he has very good qualifications for this
position, and the other Board members agreed.
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Bird, the Board unanimously (4-0)
recommended Walter Swentzell for the position of
Project Representative at the new jail site and
directed that his resume be sent to the architect.
DISCUSSION RE TIME EXTENSION FOR JAI -ALAI (Continued)
Ron Landy, Director of Public Relations, Fort Pierce
Jai -Alai, apologized for not being present at the scheduled time,
but explained that he went to the wrong building. He then
supplied the Board with copy of a Resolution passed by St. Lucie
supporting their request for a time extension and also supplied
the following information re revenues and impacts:
74
IMPACT ON AREA
.............
FROM '50 ADDITIONALDATES
UNEMPLOYMENT
- Creation'of 135 jobs -representing 1.5% (approximately)
of area's unemployed.*
ECONOMIC IMPACT
- Weekly Payroll a .lg; 000' x 12'h weeks $ 237 , 500
- Additional'Player Compensation 500,000
- Estimated Additional Purchases*of
Goods'and Services 280,000
TOTAL $1,017,500
Multiplier* 3
TOTAL IMPACT ON AREA :,$:3,,:G52:,:500
a
•
* Information provided by Chamber of Commerce
STATE REVENUES
FROM ADDITIONAL DATES'
Revenue to'State*
Pari-Mutuel Taxes $536,000
Admission Tax 13,000
Sales Tax -Admission & Concessions -22,275
Total Due State $571,275.
Unemployment Benefits Saved** "81,250
TOTAL BENEFIT'TO STATE $652,525
* Assuming pari-mutuel handle of $8,000,000 and
attendance of 100,000.
** Assume $50 per week.per person (130) for twelve
and a half weeks.
75
F, 1985 BOOK 62 fA6E 701
Nov ,j
BOOK 62 wL,F 702
Commissioner Scurlock pointed out that one of our concerns
involves the fact that the pari-mutuel monies that come to the
county are set at $446,000 a year. If the jai -alai revenues are
increased, it obviously will mean increased revenue collected by
the state, and we feel this should result in some additional
revenue to the counties.
Mr. Landy stated that all he can tell the Board is that
their contribution to the state would increase approximately 50%
and other pari-mutuels that are seeking longer sessions would
have similar contribution increases. He personally would feel
that the money the county gets back should increase also, and if
it doesn't, he believed that the county would have a good case
before the State Legislature.
Mr. Landy then went on to stress that they have about 135
people working for them, and when the season ends, all but a
handful are out of work. He noted that they have endorsements
from The Moorings, the Sheraton Regency, etc., saying that they
do provide an attraction for tourists, and he informed the Board
that they have charity nights for worthy enterprises, such as St.
Edwards, for instance, and might be able to put Head Start on the
list. Mr. Landy further pointed out that when they are open,
they contribute $19,000 a week in payroll to the Treasure Coast
area; their players live in the area when they are here, and the
fronton buys practically all their supplies locally.
The Board expressed enthusiasm about a charity night for
Head Start.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously (4-0)
adopted Resolution 85-130 to be prepared by
Attorney Vitunac endorsing the time extension as
requested by Fort Pierce Jai -Alai.
76
RESOLUTION NO. 85-130
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, IN SUPPORT OF THE REQUEST OF
FORT PIERCE JAI -ALAI TO EXTEND ITS
PLAYING SEASON BY AN ADDITIONAL 50 -
DAY PERIOD.
WHEREAS, Fort Pierce Jai -Alai is conveniently located
between St. Lucie and Indian River Counties and provides a needed
recreational opportunity, both for tourists and local citizens
alike; and
WHEREAS, the facility offers substantial employment in an
area which had an employment problem; and
WHEREAS, Indian River County benefits from its share of
the pari-mutuel taxes returned to it each year by the Florida
Legislature, as a result in part of Jai -Alai playing; and
WHEREAS, Fort Pierce Jai -Alai has requested that it be
allowed to operate for an additional 50 -day period each year.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. The Indian River County Board of County Commissioners goes
on record in favor of the request of Fort Pierce Jai -Alai to extend
its playing season by an additional 50 -day period.
2. Copies of this resolution may be disseminated by Fort
Pierce Jai -Alai, as it sees fit.
The foregoing resolution was offered by Commissioner
Scurlock who moved its adoption. The motion was seconded by
Commissioner Bird and, 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 William C. Wodtke, Jr. Absent
Commissioner Margaret C. Bowman Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 6th day of November , 1985.
-130
Resolution No. 85
BOARD COUNTY COMMISSIONERS
OF I IAN RIVER COUNTY,_,,�FLORIDA
B
fridk B. Lyons
airman
Attest: a
Freda Wright, eprk�p
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
By
Charles P. Vitunac,
County Attorney
77
NOV 6 198
BOOK 62 Far,F 703
NOV t 1985
JAIL OVERCROWDING
BOOK 62 PAGE 704
Present for this discussion were Judges Smith, Vocelle and
Kilbride.
Administrator Wright reviewed the following memo, empha-
sizing that the recommendation is to construct a minimum security
facility at the new jail site as soon as possible:
TO: The Honorable Members of DATE: November 5, 1985 FILE:
the Board of County Commissioners
SUBJECT: Jail Overcrowding
FROM: Michael Wright- 0 REFERENCES:
County Administrat i�J
Attached is a proposed order from the Department of Correc-
tions suggesting the implementation of a "Fast Track" com-
mittee to reduce the population in the Indian River County
Detention Facility.
The population reached a yearly high of 107, 34 inmates
above the authorized capacity of 73. The average number
of inmates has steadily increased from an average of 73 in
January to a recent average of 92 in October.
In my opinion, the County has reached the point where
it only has two viable options. It must either reduce the
population by releasing approximately one third of the inmates
or provide almost immediate additional bed space.
Commssioner Lyons, the Administration and Attorney met
on Monday with Judges Vocelle, Smith, Kilbride and Balsiger,
along with other Criminal Justice Agency representatives,
to discuss the various solutions to the overcrowding problem.
The general consensus was to make two recommendations
to the Board of County Commissioners. The first suggestion '
was to.immediately lease a temporary modular facility of
approximately 30 beds to be located on the existing jail
site. The,second suggestion was to implement the "Fast Track"
Committee by January 15, 1986 to hold down future escalations
in the detention population. Even with the extra 30 beds,
the detention facility will be at it's maximum limit.
The cost of the temporary housing would be approximately
$35,000 for the one year period between now and the opening
of the new detention facility. In addition, it would be
necessary to hire at least five and possibly six new officers.
It will take almost 60 days to implement this recommendation.
78
� r r
The County's detention facility is overcrowded, but it
could be considerably more congested if you consider the
number of additional persons that could be in the facility.
As of this week, 34 persons are on conditional release under
the daily supervision of the County Probation officer. Some
89 persons are on county probation and another 45 are sen-
tenced to the weekend work program. Of these 168 persons,
half or more, could easily be sentenced to the local detention
facility. Ih addition, the County is now prepared to begin
a five day a week work program that will provide an additional
sentencing alternative.
In total, there are more than 250 persons currently sen-
tenced to serve time in Indian River County or awaiting trial.
The Judges are unanimous in their position that this number
will increase dramatically thus overtaxing the not -yet -com-
pleted 156 bed detention facility on the day it opens.
Therefore, the staff also requests the Commission consider
the May 24, 1985 unanimous recommendation of the Jail Commit-
tee "to recommend the construction of a minimum security
facility at the same location as the new jail; further that
it be built as soon as possible."
Please advise if you have any questions.
Commissioner Bird noted that the Board had previously asked
the Assistant Public Defender why the criminal element in the
county seems to be growing so out of proportion and whether this
is something in particular to our area or just society in
general.
Judge Smith believed it is growing in geometric proportions.
It is not just the growth of the county, but the rapid rate of
its growth. Drugs, of course, are the biggest problem; the
addicts steal; and this is pervading our whole society.
Judge Vocelle reported that the Judges will be coming to the
Board next Wednesday in regard to a proposed residential drug
treatment program for the four county area.
Chairman Lyons noted that the unprecedented growth in crime
has really shot down our projections for the jail.
Discussion followed as to a Motion to accept the staff
recommendations, and Administrator Wright reminded the Board that
we also need to deal with the Consent Order, which, if approved,
will take care of the lawsuit with the state.
The Chairman suggested that we first have a motion to move
ahead with the temporary jail facilities as suggested in the
Administrator's memo.
79
NOV e 1918 66 BOOK 62 PVE 705
BOOK
ON.MOTION by Commissioner Scurlock, SECONDED
by Commissioner Bowman, the Board unanimously
(4-0) accepted the staff recommendation and
authorized them to move ahead with leasing a
temporary modular facility of approximately
30 beds to be located on the existing jail
site.
62 F-,,cr 706.
Administrator Wright requested that the Board authorize
staff to start negotiations with the architect.
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Bowman, the Board unanimously
(4-0) authorized staff to negotiate with the
architect to begin design of the minimum
security facility.
Circuit Judge Charles Smith came before the Board to discuss
the Consent Order proposed by the Department of Corrections and
reported that he tried to reach Attorney Vitunac earlier re the
wording in Paragraph 2 in the Stipulation, i.e., "The 'Fast -Track
Committee' shall meet on an as needed basis, during the interim
period and until the new Indian River County Jail is fully
operational, to determine and direct which inmates, if any, must
be released under the terms of this agreement......." Judge
Smith suggested this be changed to read "determine and recommend
to the presiding judge which inmates, if any, must be released or
transferred to another program." He clarified that presiding
judge would refer to the judge who sentenced that particular
criminal, and Judge Vocelle explained that some inmates can be
released to work programs, etc., rather than actually released;
he commended the Board for appointing a County Probation Officer.
Attorney Vitunac stated that he had not realized the Judges
wanted the final say, but he would be glad to make that change.
80
Judge Vocelle suggested that the jail be referred to as a
detention facility throughout the Order, and this was agreed.
Attorney Vitunac stated that he would like to make the
recommended changes, send the Order back to the D.O.C. for
approval, and then to Judge Vocelle upon its return.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
authorized the Chairman to sign the said Consent
Order after being approved by the D.O.C. with'the
above corrections and returned.
Commissioner Bird asked if the additional correctional
officers who are going to be hired will be hired on an interim
basis and this will not result in full time positions.
Administrator Wright explained that we are presently at the
staffing level that we need to go into the new jail, excluding a
couple of transportation officers. What we are talking about is
five people, and it is hard enough to hire jailers without
telling them they will be there only a year; he believed
attrition will take care of this situation in any event.
Commissioner Bird inquired about the meaning of
"non -sentenced" felons, and Judge Smith explained that while
these people may have been arrested, an information may not even
have been filed. Once you are arrested, the State's Attorney's
office has seven to ten days to file anyinformation, and these
people are awaiting trial.
Commissioner Bird asked if there is any way to help expedite
this procedure.
Judge Vocelle explained that he handles the felonies the
first two weeks of each month and Judge Smith handles the last
two weeks. It is necessary to order a pre -sentence investiga-
tion before they sentence a defendant. They try to expedite the
PSI for those already in jail, and they are sentenced first. He
81
1985 MOK 62 PAGE 107
V 6 1985 BOOK 62 FA.0 708
emphasized that they hold court every day of the month.
Chairman Lyons noted that the State Probation people who do
this investigation agreed to try to cut down the time it
requires. We have had great cooperation from everyone, and he
felt there is a much more rapid flow in the system than before.
Judge Vocelle stressed that they are utilizing the weekend
work program and conditional release now that the County has a
Probation Officer. There are 34 under conditional release, and
the work program now runs seven days a week rather than two.
Judge Vocelle could not emphasize strongly enough the seriousness
of the problem at the jail where people actually have been
sleeping on the floor.
Administrator Wright reviewed the mechanics of what has to
be done to get this all in place. On the actual buildings, he
believed there are two or three people who do this kind of work,
and we are going to try to get the one who can do it the quickest
and have a building we can get the most people in. Also, we have
to go before the City of Vero Beach in regard to moving the
trailers in at this location.
The Chairman thanked the Judges for attending the meeting.
There being no further business, on Motion duly made,
seconded and carried, the Board adjourned at 11:50 o'clock A.M.
ATTEST:
Clerk
82