HomeMy WebLinkAbout3/19/1986Wednesday, March 19, 1986
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,
March 19, 1986, at 9:00 o'clock A.M. Present were Don C.
Scurlock, Jr., Chairman; Patrick B. Lyons, Vice Chairman; Richard
N. Bird; Margaret C. Bowman; and William C. Wodtke, Jr. Also
present were Charles P. Vitunac, Attorney to the Board of County
Commissioners; H. T. "Sonny" Dean, General Services Director; OMB
Director Joseph Baird; L. S. "Tommy" Thomas, Intergovernmental
Relations Director; and Barbara Bonnah, Deputy Clerk.
The Chairman called the meeting to order.
Reverend Russell Burns of Westminster Presbyterian Church
gave the invocation, and Attorney Vitunac led the Pledge of
Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Scurlock requested the following three additions to
today's Agenda:
1) A recommendation from the Utilities Department for some
temporary solutions to a problem at Humana Hospital.
2) Authorization.to apply for matching funds for Emergency
Management Assistance Program.
3) A report on a meeting with Fire Chief John Allen regarding
procedures of -reporting directly to the County Commission.
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Bowman, the Board unanimously added
the above items to today's Agenda.
2 s� QQ
MAR1 19BOOK �J Ft�,W.0 7
MAR 19 1966 BOOK 63 FmUF 888 -7
CONSENT AGENDA
Commissioner Bird requested that Item B be removed from the
Consent Agenda for discussion; Commissioner Bowman removed Item
F, and Commissioner Wodtke removed Items G, H, and I.
A. Authorization of payment from Special Law Enforcement Trust
Account to Charles_ Sullivan, Jr., re William R. Reese, Jr_ Case
The Board reviewed the following letter dated 3/6/86:
�Ijcritt
P. O. BOX 608
PHONE 569-6700
March 6, 1986
R.T."T W D O B E C K• INDIAN RIVER COUNTY
MEMBER FLORIDA SHERIFFS ASSOCIATION
MEMBER OF NATIONAL SHERIFFS ASSOCIATION
VERO BFACH, FLORIDA 32961
Honorable Doug Scurlock, Chairman
Board of County Commissioners
Indian River County
1840 25th Street
Vero Beach, FL 32960
Dear Doug:
Enclosed please find a copy of an amended court order requiring
us to pay Attorney Charles Sullivan, Jr. the amount- $369.00 in
court costs resulting from a seizure of funds in the case of
.William R. Reese, Jr. vs The State of Florida.
In this case we were originally awarded in a civil forfeiture the
amount of $7,775.78 which upon receipt was transferred to the
Special Forfeiture Fund. Mr. Sullivan then filed proceedings
with an Appellant Court and the forfeiture was overturned. In
compliance with the original court order the funds in the amount
of $7,775.78 were returned to his client. Mr. Sullivan then peti-
tioned the court for his actual filing fee costs and on February
21, 1986, Judge L. B. Vocelle granted his request for the amount
of $396.00.
I thereby request that the Commissioners authorize the payment of
these funds from the Special Law Enforcement Trust Account, which
is applicable in this type of situation. I would request that
this be placed on the first available consent agenda for approval
of this expenditure.
Sincerel ,
R. T. "Tim" Dobeck, Sheriff
Indian River County
3
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Bowman, the Board unanimously
authorized the payment of $369 from the Special
Law Enforcement Trust Account to Charles Sullivan, Jr.
Attorney, for court costs resulting from a seizure of
funds in the case of William R. Reese, Jr, vs the State
of Florida.
B. Approval of Out -of -State Travel - AWWA Annual Conference
Commissioner Bird hoped that under the present budget
constraints we would limit the number of personnel going on these
trips. However, Utilities Director Terry Pinto has advised that
this is an important conference as the main issue will be "Water;
the key of life".
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Bowman, the Board unanimously
authorized out-of-state travel for Commissioners
and necessary staff to attend the AWWA Annual
Conference and Exposition in Denver, Colorado,
June 22-26, 1986, keeping in mind the present budget
constraints.
4
BOOK 63 Ftp -U- 889
MAR 19 1986 Boos 63 . mIjE 8,90
C. Proclamation - Band-Aid Day - Vero Beach High School Band
P R O C L A M A T I O N
WHEREAS, the Vero Beach'High School Band has again been
recognized for its superior accomplishments by receiving an
invitation to the Heritage, Invitational Band Festival in
Nashville, Tennessee on April 12, 1986; and
WHEREAS, the Band's performance at this prestigious
event will not only reflect the accomplishments of the Band, but
also reflects the support of all individuals and organizations of
our community; and
I WHEREAS, in order to participate in this prominent
festival, the Band Booster organization must raise funds and we
encourage everyone to support the Band, both in spirit and
financially at the upcoming Band -A -Thou.
I
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS of Indian River County, Florida that the date of
March 21, 1986 be designated as
BAND AID DAY
in Indian River County.
I
i
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
��► C
Don C. Scurlock, Jr., irman
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Bowman, the Board unanimously
designated March 21, 1986 as Band Aid Day.
5
D. Duplicate Tax Sale_ Certificate #310 - Evelyn Pike
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Bowman, the Board unanimously
issued duplicate tax sale certificate No. 310 to
Evelyn Pike in the amount of $23.75.
E. Approval of Renewal Applications for Permit to Carry a
Concealed Fi"rearm:
The Board reviewed the following memo dated 2/25/86:
TO: The Honorable Members of DATE: February 25, ,1986 FILE:
the Board of County Commissioners
W ") /'11' y
FROM: Michael Wri ht
FROM: Administrator
SUBJECT: Pistol Permit Renewals
REFERENCES:
The following individuals have applied for renewal of pistol
permits through the Clerk's Office:
Andrew W. Edmonds
Marsha K. Edmonds
John S. Amos
Alan Emerick
Francis L. Dancy
Edward B. Dancy
Larry H. Howland
Myron J. Madsen, Jr.
All requirements of the ordinance have been met.
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Bowman, the Board unanimously
approved renewal applications to carry a concealed
firearm for the following persons:
Andrew W. Edmonds
Marsha K. Edmonds
John S. Amos
Alan Emerick
Francis L. Dancy
Edward B. Dancy
Larry H. Howland
Myron J. Madsen, Jr.
6
Boor 63 891
MAR 19 1966 Boa 63 P uF892
F. Authorization to Advertise Sale of Surplus Property in
Fellsmere and Oslo Cemetery
The Board reviewed the following memo dated 3/12/86:
TCS; BoCommissioners DATE: March 12, 1986 FILE:
SUBJECT: sale of County Property
FROM. ;— - Thomas REFERENCES:
Intergovernmental
Coordinator
A citizen has expressed an interest in acquiring County
owned property which adjoins her property. The property is
described as follows:
Lots 1 & 2, Block 81, Town of Fellsmere
Also, several years ago, the Board authorized staff to sell
the Oslo Cemetery and we did put it out for bid. Before the bid
opening, an adjoining property owner claimed rights to a small
section of the southeast corner for his driveway. The County
Attorney's office has made the necessary adjustment and the
County was paid for the property that was conveyed to this
adjoining property owner.
It is recommended by staff, that we now rebid the above two
mentioned properties and request authorization to advertise after
proper approval from the County Attorney.
Commissioner Bowman asked where these lots were located in
Fellsmere, and Intergovernmental Relations Director Tommy Thomas
explained that these two 25-ft.lots are located on the corner of
Pine Street and Wyoming. He recalled that the Board authorized
the sale of these lots 7-8 years ago, but we did not have any
takers at that time. However, an adjacent property owner has
expressed an interest in buying the lots.
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Wodtke, the Board unanimously
authorized staff to advertise the sale of these
surplus properties, as recommended by Director
Thomas.
7
G. IRC Bid #284 - Traffic Signal at SR -60 & 90th Avenue
The
Board
reviewed the
following memo
dated
3/7/86:
TO: Board of
County
Commissioners
DATE: March 7,
1986
FILE:
i
THRU: Michael
Wright
SUBJECT: IRC BID
#284 -Traffic Signal
County
Administrator
SR60 at
90th Avenue
FROM* REFERENCES:
R NOES.
Carolynb odrich, Manager
Purchasi g Department
1. Description and Conditions
Bids were received Tuesday, March 4, 1986 at 11:00 A.M. for IRC BID #284 -
Traffic Signal, SR60 at 90th Avenue for the Traffic Engineering Department.
5 Bid Proposals were sent out. Of the 2 Bids received, 1 was a "No Bid".
2. Alternatives and Analysis
The only bid was received from Signal Construction, Jupiter, F1., in the
amount of $14,773.00. There is $12,500.00 budgeted for this project. The
County can install most of the signal in-house, with the exception or the
(4) concrete poles which can be re -bid.
3. Recommendation andFunding
Per the attached memo from Mike Orr, it is recommended that IRC #284 be
rejected, the (4) concrete poles be re -bid, and the County purchase the
materials and install the signal.
Commissioner Wodtke asked if installing this light in-house
would delay this project, and General Services Director Sonny
Dean reported that Mike Orr of Engineering has indicated it would
take 3 months to get it installed if we award the bid, and one
month longer if we do it ourselves.
The Commissioners wished to expedite the installation of
this badly needed traffic light.
8
L_ AR 19 1986 BOOK 63 F,qa 89)3
BOOK 63 894 7
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bowman, the Board unanimously
rejected IRC Bid #284 received from Signal
Construction of Jupiter, FL, and authorized
staff to expedite this project and rebid the (4)
concrete poles with the understanding that the County
would purchase the materials and install the traffic
light in-house.
IBOARD OF COUNTY COMMISSIONERS
1840 25th Street
Vero Beach, Florida 32960
BID TABULATION
BID NO i.. ..
IRC BID #284i
BID TITLE
TRAFFIC SIGNAL, .1 at 90TH AVE i
ITEM
'NO. DESCRIPTION
1. 6204-1 Grounding Electrode 1301.11
NIMI
3. 634--4-113 Span Wire Assy 1 P11
MIN
MENIMINMEMIN
- r -Kim■_-■_-._-■_-.-■-■-
:6. 641-34-40 Concrete Strain Pole 2EA-1
7. 641-34-42 Concrete Strain Pole 2EA
•
■ MIME
■-■-■-■-
9
- BO�RD OF COUNTY COMMISSIONERS
1840 25th Street
Vero Beach, Florida 32960
BID TABULATION
oc
y
w
c
h �4 Qro
BID NO. IRCBID #284
DATE OF OPENING
March 4, 1986
BID TITLE
TRAFFIC SIGNAL, SR 60 at 90TH AVE
ITEM
NO. DESCRIPTION
UNIT PRICE
UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE
UNIT PRICE UNIT PRICE UNIT PRICE
UNIT
9. 650-9-351 Traffic Si nal 5 -Sec
y
j
1 PA
17_ f9n-Rn Remove Span Wire
0. 660-1-104 Inductive Loop Detector
Assy 1 E
4 EA
Total 14773 00
NB
1. 660-2-102 Loop Ass (Type B
8 PA
3. 670-1-33-000 Actuated Solid State
Digital Timing Controller Assy
(Transyt 1880) 1 PA
14. 690-10 Remove Signal HeadsMEAR
Section
15. 690-30 Remove Poles 40ft
Class III
BOA, RD OF COUNTY COMMISSIONERS
1840 25th Street
Vero Beach, Florida 32960
BID TABULATION
BID NO. DATE OF OPENING ,^p y Z�
IRC BID #284 1 March 4, 1986 ^� ." �m Q
BID TITLE
TRAFFIC SIGNAL SR 60 at 90TH AVE
ITEM
NO. DESCRIPTION UNIT PRICE
UNIT PRICE
or
16. 690-50 Remove Controller
4
w
Flasher
y
j
BID NO. DATE OF OPENING ,^p y Z�
IRC BID #284 1 March 4, 1986 ^� ." �m Q
BID TITLE
TRAFFIC SIGNAL SR 60 at 90TH AVE
ITEM
NO. DESCRIPTION UNIT PRICE
UNIT PRICE
UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT
16. 690-50 Remove Controller
-
Flasher
17_ f9n-Rn Remove Span Wire
Assy 1 E
Total 14773 00
NB
10
MAR 19 1986BoaPr?r- 895
MAR 19 1986 BOOK 63 rF 8.96
H. IRC Bid #285, Two (2) New 1986 Economy Pickup Trucks
The Board reviewed the following memo dated 3/7/86:
TO: Board of County Commissioners DATE: March 7, 1986 FILE:
THRU: Michael
Wright
SUBJECT: IRC BID
#285-Two(2) New 1986
County
Administrator
Economy
Pickup Trucks
FROM:� REFERENCES:
Caroly Goodrich, Manager
Purchasing Department
1. Description and Conditions
Bids were received Tuesday, March 4, 1986 at 11:00 A.M. for IRC #285 -
Two (2) New 1986 Economy Pickup Trucks, One pickup is for the Utilities
Department and one is for the Building Department to replace the vehicle
destroyed in an accident.
14 Bids were sent out, 2 Bids were received.
2. Alternatives and Analysis
The low bid was received from Isuzu of Fort Pierce in the amount of $7429.00
each.
However, the bid does not meet specifications, Isuzu of Fort Pierce bid a
4 cylinder engine, the specifications called for a 6 cylinder engine.
The other bid was received from Sunrise Ford, Fort Pierce in the amount of
$8347.00 each for a Ford Ranger.
The same vehicle can be purchased from the Florida State Contract for $7513.60.
3. Recommendation and Funding
It is recommended that 2 economy pickup trucks be purchased from the Florida
State Contract for $7513.60 each.
4. Funding is as follows:
Utilities Dept. -_Funds to come from Renewal & Replacement.
Building Dept. - See attached budget amendment.
Commissioner Wodtke assumed that these trucks were not
budgeted for this year, and OMB Director Joe Baird explained that
the Building Department had a cash carry over at the beginning of
the 85-86 fiscal year due to a vehicle being totalled in an
11
accident and our receiving $3500 in insurance. They had a carry
forward of approximately $200,000 and had zero budget, so we have
sufficient funds.
Commissioner Wodtke just wanted the record to show that we
replaced the wrecked vehicle even though it wasn't budgeted.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bird, the Board unanimously authorized
the purchase of two (2) new 1986 economy pickup trucks
from the Florida State Contract for $7513.60 each, as
recommended by Purchasing Manager Goodrich.
BOARD OF COUNTY COMMISSIONERS
1840 25th Street
Vero Beach, Florida 32960
BID TABULATIONqJ
�
a►
C
a,
� a
c,
BID NO.DATE
IRC BID #285
OF OPINING
March 4, 1986
BID TITLE TWO (2) NEW 1986 ECONOMY
ITEM
NO. DESCRIPTION
UNIT PRICE
UNIT
PRICE
UNIT PRICE
UNIT'
1. Two (2) New 1986 Economy
Pickup Trucks 2 Each
7429
00
8347
00
2. Days required for delivery after
Receipt of Purchase Order
Days
I. IRC Bid #286_- (1) New 1986 1/2 Ton Pickup Truck
The Board reviewed the following memo dated 3/7/86:
12
MAR 19 1986 BOCK 63
FA
LIAR 19 1966
BooK 6 F 1q,J
TO: Board of County Commissioners DATE: March 7, 1986 FILE:
THRU: Michael Wright SUBJECT: IRC BID #286 -One (1) New 1986
County Administrator 1/2 Ton Pickup Truck
FROM:✓
� REFERENCES:
Carolyvff Goodrich, Manager
Purchasing Department
1. Description and Conditions
Bids were received Tuesday, March 4, 1986 at 11:00 A.M. for IRC BID #286 -
One (1) New 1986 1/2 Ton Pickup Truck for the Utilities Department.
11 Bids were sent out, 1 Bid was received.
2. Alternatives and Analysis
The only bid was received from Sunrise Ford, Fort Pierce, F1 in the amount
of $8971.00.
A 1/2 Ton Pickup Truck with the same specifications can be purchased from
the Florida State Contract for $8288.36.
3. Recommendation and Funding
It is recommended that the 1/2 ton pickup truck be purchased from the
Florida State Contract for $8288.36.
Funds are budgeted in Account #471-219-536-66.42.
Commissioner Wodtke questioned why we received only one bid,
and Purchasing Manager Carolyn Goodrich explained that when most
of the dealers in -the area analyze the bid proposal and realize
the State Contract is less, they don't bother to bid.
Director Baird confirmed that this was a budgeted item for
the Utilities Department.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman, the Board unanimously
authorized the purchase of (1) New 1986 1/2 Ton
Pickup Truck from the Florida State Contract for
$8288.36.
13
BOARD OF COUNTY COMMISSIONERS
1840 25th Street
Vero Beach, Florida 32960
BID TABULATION
BID NO. DATE OF OPINING
IRC BID #286 March 4 1986
BID TITLE ONE (1) New 1986 1/2 Ton
ITEM DESCRIPTION UNIT PRICE UNIT PRICE
NO.
1. One (1) New 1986 1/2 Ton
Pickup Truck 1 Each 8971 00
2- Days -required for delivery after,
receipt of Purchase Order
DER/ARMY CORPS/DNR PERMIT APPLICATION - Melvin A. Fisher
The Board reviewed the following memo dated 3/7/86:
TO: The Honorable Members DATE: March 7, 1986 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE: D.E.R. /ARMY CORPS
& D.N.R. PERMIT
SUBJECT: APPLICATIONS
Robert M. Kea g, CP
Planning & Dev lopm nt Director
0
FROM: Art Challacombe REFERENCES: Cobb Coin
Chief, Environmental Planning DIS:ARTCHA
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of March 19, 1986.
D.E.R. DREDGE & FILL PERMIT APPLICATION
FILE NUMBER 31-116505-4
APPLICANT: Cobb Coin Co. Inc.
WATERWAY & LOCATION:
Open Atlantic Ocean between Sebastian Inlet and St. Lucie Inlet,.
Location will cover entire shoreline of Indian River County.
WORK & PURPOSE: The applicant proposes to "prop wash" dust
sand "pockets on the ocean bottom to recover historical
artifacts.
ALTERNATIVES & ANALYSIS:
The Planning and Development Division reviews and submits
comments on dredge and fill applications to the permitting
agencies based upon the following:
14
MAR 19 1986 Boa 63 P,r,U,E 899
MAR 19 1986
boa 63 PAGE900
The Conservation & Coastal Zoning Management Element of
the Indian River Comprehensive Plan
- c;oasta.i zone Management, Interim Goals, Objectives &
Policies for the Treasure Coast Region
- The Hutchinson Island Planning & Mana ement Plan
- The Indian River County Code of Laws and Ordinances
- Chapter 16Q-20 F.A.C.
This project proposal involves the much publicized salvage
operations of Mel Fisher, Mr. Fisher currently holds permits
from the State of Florida to recover historical artifacts and
also has salvage claims and ownership of the artifacts under
U.S. Admiralty Court jurisdiction.:;
The application proposes that a permit for the prop wash
dusting extend along the entire coastal area of Indian River
County for a period from May 1, 1986 to December 31, 1989. The
broad coverage of the application is in potential conflict with
the Coastal Element of the Comprehensive Plan which states,
"The County shall prohibit any non-essential coastal
activity which threatens to destroy the natural coastal
features occurring between the State Coastal Construction
setback line and a point 300' seaward of the mean high
water line.
Such features include:
1. Nearshore worm reefs....."
These reefs are outcrops of coquina limestone which contain a
percentage of colonies of an organism known as Phragmatapoma
lapidosa, a sabellarid worm. The reefs not only provide a -very
valuable biological resource, but also '• a significant
recreational resource. Many shoreline fishermen and scuba
divers are dependent on the reefs for their activities.
The application does not comment on the extent or impact of
turbidity from the prop wash dusting activities. Because of
its broad coverage, the application does not indicate the
location of any reefs which may be adjacent to the proposed
salvage operation.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners
authorize staff to forward a letter to the D.E.R. objecting to
the application as it is currently proposed and that the
applicant provide the following additional information:
1) Specific locations for the proposed salvage
operations;
2) Methods of operation which will minimize any adverse
environmental impacts to the inshore reefs which may
be affected by prop wash dusting in the area.
15
Art Challacombe, Chief of Environmental Planning, explained
that staff feels that the application is too broad in that it
involves the county's entire coast line and extends the length of
the project from May, 1986 to December 31, 1989. Staff is
recommending that the Board object to the application as
currently proposed and ask for more specific information about
the salvage activities.
Commissioner Bowman noted that residents along the coast
have complained about salvagers using huge hawsers to anchor
their boats and diving gear to the beach. In addition, she
believed that the "prop washing" activities create a lot of
turbidity in the water and is detrimental to the nesting habits
of the sea turtles.
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Bowman, the Board unanimously accepted
staff's recommendation with the -inclusion of a
recommendation that the diving activities not be
allowed during the nesting time of the sea turtles.
PUBLIC HEARING - INTERIM INCREASE IN SOLID WASTE RATE SCHEDULE
The hour of 9:15 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to wit:
16
MAR 19 1986 Boa 63 'F,+,UE 9 �
L
MAR 19 7986
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
in the matter
in the
Court, was pub-
lished in said newspaper in the issues of
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed befire me jDis sem— day of `` A.D. 19
(SEAL)
a
ness
(Clerk of the Circuit Court, Indian River Cou(tty, Florida)
BOOK 63 F'r , J2
INDIAN RIVER COUNTY, FLORIDA
NOTICE OF PUBLIC HEARING .
Notice is hereby given that the Board of County
Commissioners, Indian River County; will hold a
public hearing in the Commission Room, Indian
River County Administration Building, 1840 25th
Street, Vero Beach, Florida on Wednesday, the
19th day of March, '1986 at 9:15 am to consider
n interim rate Increase for the Indian River
County Solid Waste Facility (Landfill).
The proposed rate increase will reflect the fol-
lowing changes:-',
Load Existing Proposed
Type ' Regular Fee Regular Fee
A $ 0.50/load $ 1.00/load
a 9 1.50/load (1)': -
C �.. .,.. _• 9.00/ton 16.00/td
D` ? 6.00/ton 10.50/tOn
E' . r t 5.00,/loadN 9.00/load
F ,3 , ` 22.00/ton 38.50/ton
G''' F+' 7.00/ton, 12;50/ton .
1-1(2) 5.00/load (3)'',,..
HT(2) 15.00/load (3)
(1) For all loads of less than one ton, flat
fees Of $8.00 (for regular loads) and
$16.00 (for uncovered loads) are recom=
mended. For, loads of one ton or more,
the recommended fees are. the same as
for Load C.
(2) "H" is a non -transporter septage
load. "HT" is a transporter septage load.
(3) For all loads of less than one ton, Oat
fees of $9.00 are recommended. For
loads of one ton or more, the recom-
mended fee is $13.00 per ton.
All interested parties will be heard.
Dated the 28th day of February 1986: .
Board of Indian River County,.
Commissioners
Indian River.County, Florida
DON C. SCURLOCK, JR.
Chairman
Mar. 4, 11, 1986 '
The Board reviewed the following memo dated 3/11/86:
TO: BOARD OF COUNTY COMMISSIO RS
THRU: TERRANCE G. PINTO
DIRECTOR, UTILITY,.)SERVICES
FROM: JEFF BARTON
ASSISTANT DIRECTOR,
UTILITY SERVICES
DESCRIPTION AND CONDITIONS
Attached are the copies of my memo
public hearing for the interim rate
consultants, Camp, Dresser & McKee,
and proposed rates as advertised.
RECOMMENDATION
DATE: MARCH 11, 1986
SUBJECT: PUBLIC HEARING - INTERIM
INCREASE SOLID WASTE RATE
SCHEDULE
of February 12, 1986 requesting the
increase along with a copy of our
Inc. Report, and a copy of existing
Utility Staff recommends that the proposed interim rate to the Board of
County Commissioners.
17
� r �
INDIAN RIVER COUNTY, FLORIDA
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County Commissioners, Indian
River County, will hold a public hearing in the Commission Room, Indian
River County Administration Building, 1840 25th Street, Vero Beach,
Florida on Wednesday, the 19th day of March, 1986 at 9:15am to consider
an interim rate increase for the Indian River County Solid Waste Facility
(Landfill) .
The proposed rate increase will reflect the following changes:
Load
Type
Existing
Regular
Proposed
Fee
Regular Fee
A
B
$ 0.50/load
$ 1.00/load
1.50/load
(1)
C
D
9.00/ton
16.00/ton
E
6.00/ton
10.50/ton
F
5.00/load
9.00/load
G
22.00/ton
38.50/ton
H(2)
7.00/ton
12.50/ton
5.00/load
(3)
HT(2)
15.00/load
(3)
(1) For all loads of less than one ton, flat fees of $8.00
(for regular loads) and $16.00 (for uncovered loads)
are recommended. For loads of one ton or more, the
recommended fees are the same as for Load C.
(2) "H" is a non -transporter septage load. "HT" is a trans-
porter septage load.
(3) For all loads of less than one ton, flat fees of $9.00
are recommended. For loads of one ton or more, the
recommended fee is $13.00 per ton.
All interested parties will be heard.
Dated the 28th day of February, 1986.
Board of Indian River County
Commissioners
Indian River County, Florida
DOUG C. SCURLOCK, JR.
i Chairman
Publication of this Notice on.the 11th day of March, 1986.
Utilities Director Terry Pinto gave a brief history of the
landfill and the reason why an interim rate increase is needed
now. He explained that with our landfill.operation we have both
mystery and frustration. The mystery is what the new DER
requirements will mean to us and the frustration is that they
change their minds so often.
The landfill has been in operation
18
Boa 63 F",ur- 903
MAR 19
1966
500K
for over
8 years, and inflation has drastically increased
the
cost we estimated for filling it in when that became necessary.
In addition, there has been a complete change in how we must do
that and how we must monitor our present program. Added to that
is the storm drainage problem and how we must handle the
rainwater coming off the top of the landfill. It has become very
evident that we must increase the fees, even though the increase
might create a temptation for residents or part-time businessmen
not to dump at the landfill. Meanwhile, the consultants are
studying the County's solid waste needs for the next 20 years
along with ways to fund those needs.
Chairman Scurlock agreed that we need to look at the cost
feasibility of other procedures, such as recycling, etc.
Commissioner Bird understood that if we did not choose to
increase the Renewal and Replacement Fund by $97,000 and did not
choose to buy the capital equipment to a total of $363,000 in
this fiscal year, then our revenue requirements would be
basically the same as they were last year, and we would not need
the additional increase.
Director Pinto confirmed that the Board could do that, but
__ pointed out that the rate shock would be there for next year or
the following year, and probably would be even greater.
Commissioner Bird asked if after we receive the consultant's
final study this summer, there may be a way of phasing into these
rates a little more smoothly than this abrupt 75% increase.
Director Pinto pointed out that the operating cost does not
include any money for closing the landfill or the capital
improvements for the structure we are talking about now.
Certainly the general public wants to know why the increase has
to come all at once and would prefer that it be phased in, but
when we are required to change the total mode of operation, the
resulting massive costs makes the increased rates a necessity.
Commissioner Bird asked what happened since last budget time
to now, and Director Pinto explained that neither the budget nor
19
� r �
the revenue has changed. At the time the budget was approved
back in October, staff made it very clear that when the
consultant's report came in, it would identify what increases
would be necessary.
Chairman Scurlock noted that the City of Vero Beach budgeted
a 40-75% increase. He suggested the following three solutions to
help mitigate the problem:
1) Lower the proposed charge from $8 a load to $2.75 or $3.00
for loads under 1 ton to encourage more dumping at the landfill.
2) Reduce some expenses, such as the $97,000 for capital
replacements and play with that a little bit.
3) Perhaps set a cap and address it, but we cannot delay it
forever.
Director Pinto advised that he was going to suggest that we
not spend $210,000 out of the capital fund for a 4 -wheel vehicle
and capitalize that expense instead. However, there is
approximately $140,000 in unanticipated costs for the Master Plan
and Rate Study that were not plugged in. If we take that
$210,000 and deduct $140,000 to fund the study, we can reduce the
revenue stream by that much.
OMB Director Joe Baird explained that we only budgeted
$25,000 less in the 1985-86 fiscal year than we did in 1984-85;
however, the actual 1984-85 figures were substantially less
because we did not have the money there and we did not buy the
equipment. What we did was put the equipment in this year. The
reason our total budget went down was because we had to tighten
our belts. He felt that the Board could leave the $97,000 cap on
the R 8 R fund, but we would be replacing most of the equipment
and would have the ability to capitalize that in the funding.
Chairman Scurlock felt if we do that, there would be a
decrease in revenue also, which might amount to a trade off.
Director Pinto noted that an analysis in the report shows
what the reduced rates would be for every $100,000 reduction in
20
Bou 63 F�. E 90
7 Boos 63
revenues. He emphasized that there are absolutely no funds
except what is in the enterprise account.
Commissioner Lyons believed that if we more than double the
fees for a pickup load of less than 1 -ton, the trash just will
not get to the landfill.
Director Pinto felt if someone coming in with one ton has to
pay $16, it is hard to justify the person coming in with 1/2 ton
and paying only $3.00.
Chairman Scurlock suspected that if we go with the $8 for
less than one ton, it would push people into illegal dumping or
simply taking it to the transfer stations.
Director Pinto said the problem is that many small
businesses modify their pickup trucks and it is absolutely
unbelievable how much trash they can get on a 1/2 -ton pickup
truck. What they are suggesting is that everything gets weighed,
from 1 -ton up, but less than that would be a flat rate.
Commissioner Wodtke pointed out that we are talking about
closing just one cell at the Landfill, not the entire site. He
felt that it was very evident that we are going to reach a point
where we must do something else with our garbage than just
burying it and suggested something similar to the old stump dump
operation for handling yard cuttings, branches, clippings, etc.
Director Pinto stated that they are looking at every
alternative, and although he believed the stump dump might be a
good idea, the DER might not agree. We must face the fact that
regulations for landfills are just going to get tighter and
tighter.
Intergovernmental Relations Director Tommy Thomas pointed
out that we must continue to pick up refuse no matter what system
we go to. Everything that he has studied on this indicates a per
parcel charge would be a much better answer because we have a
tremendous number of parcels that pay absolutely nothing. This
is to the tune that it affects this year's general fund by over
$600,000 and next year that figure will probably increase to
21
M
M
$800,000. He felt you can separate that in the budget, but it is
all part of the same problem. Director Thomas believed a per
parcel charge would also solve the problem of getting trash to
the landfill, because if a person is paying for it, they will put
it out there so it can be picked up.
Discussion took place re the $200,000 cap placed on the R 8
R account, and it was felt that was unrealistic and that the
landfill was substantially underfunded at its inception 8 years
ago when we were looking at an entirely different situation.
Commissioner Lyons agreed that we are going to have to do
something else with our trash than just burying it, because that
cost eventually will make the costs of other alternatives more
feasible.
Director Pinto stressed that we are not generating any money
back into the general fund -- it is all going back into the
enterprise account to be used for the next needed improvements.
Commissioner Wodtke asked how this would affect the
franchised dumpers, and Jeff Barton of Utilities explained that
in 1977 when the Landfill originally started to charge tipping
charges, the franchised garbage haulers were given an increase of
$1.75 a month to cover the Landfill charges.
Director Pinto anticipated that they all would be coming in
asking for authority to increase their rates to their customers.
Chairman Scurlock added that we will then analyze their
proposals based on what portion of their charge is actually
landfill costs.
Commissioner Wodtke asked if we could make a determination
on that without having to go through the process for each
separate franchise and approve an allowable increase in their
charges based upon the dumping cost.
Director Pinto noted that we must go through the public
hearings, but they could be done all at one time if we estab-
lished a flow through policy. The Board may even want to have
them identify the County's dumping charges to their customers.
22
MAR 19 1986 Boort 63
BOOK 63- F1ur 9U8
Commissioner Wodtke wanted their operating expenses and
landfill dumping costs kept as separate issues.
Chairman Scurlock opened the Public Hearing and asked if
anyone wished to be heard in this matter.
Gary Bruns, Gary's Septic Tank Service, noted.that the
present charge for dumping septage at the Landfill is $5 a ton
and the proposed rates would push the cost to $13 a ton. He
wished to know how he is going to pass along such a substantial
increase to his customers.
Chairman Scurlock assumed that everybody else in the septic
tank business will be paying the same dumping fees and the
charges for pumping out septic tanks will become more expensive.
Director Pinto pointed out that septage has been an
expensive problem and it has been carried for quite some time.
At one time he wanted to take septage out of the landfill
entirely as it is a major problem, and he is surprised that we
have been able to tolerate it for this long. He felt that if
there is one rate that should be increased, it is septage. At
some point soon we are going to have to treat septage instead of
putting it into the landfill, and even after it goes through a
treatment plant, disposal is a major problem.
Mr. Bruns explained that the average cost for cleaning out a
standard size septic tank is $65, but the proposed increases for
dumping it at the Landfill would push it to approximately $150.
Septic tanks shou-Id be pumped out every 3-5 years. Mr. Bruns
asked what is to stop dumpers from St. Lucie County coming in and
cleaning out local septic tanks for $65 and then going back and
dumping it on a pasture, which apparently is allowed in St. Lucie
County.
Director Pinto explained that St. Lucie County refuses to
take any septage into their landfill, and Michael Galanis of the
Environmental Health Department speculated that St. Lucie County
is dumping it wherever they can. The current State law, however,
classifies septage as Class 3, the most hazardous type sludge,
23
and it must be treated before it is land spread. He emphasized
that you cannot dump septage in a pasture and the only approved
place to dump septage is at the Landfill.
Lawrence Adams, Jr., Vice President of Camp Dresser & McKee,
Inc., spoke from his seat and advised that their consultant's
report on the master study for treatment and disposal would be
ready by the end of June.
Commissioner Wodtke pointed out that there are thousands of
septic tanks in this county and felt we need to do everything we
can to make sure reliable service is available through local
firms.
Chairman Scurlock hoped for the environment's sake that we
get to a point where we no longer need septic tanks in this
county.
Mr. Bruns again asked about the St. Lucie dumpers, and
Director Pinto suggested franchising that type of collection the
same as trash and other waste.
County Attorney Vitunac suggested putting a fee on anyone
pumping out septic tanks whether they dump it here or somewhere
else.
Commissioner Lyons asked how that could be administrated,
and Director Pinto felt that the County could require residents
to obtain a permit before having their septic systems cleaned and
that would trigger the dumping charge.
Mr. Bruns remained worried about St. Lucie dumpers putting
him out of business.
Mike Galanis also felt a permit would be feasible, but
Commissioner Bird preferred to franchise the dumpers.
Commissioner Lyons suggested giving this to the Utilities
Dept and the County Attorney's Office to handle as quickly as
possible to see that we don't give the out -of -county haulers an
unfair advantage.
Attorney Vitunac suggested that this could be a discussion
matter for the newly formed Tri -County Committee.
24
MAR 19 1986 BOOR 63 FAIJE 909
MAR 19 1986 BOOK 63 , PnUE 910
Chairman Scurlock reported that we are asking the DER to
consider delegating additional responsibilities to the County and
the Code Enforcement Board so that we would have some ability to
use that particular vehicle to collect fines or fees in
connection with this.
Director Pinto stated that he has been through all of this
and felt we could make it work.
Bob Jackson, attorney representing Rural Sanitation Servi.ce,
asked when the increased rates would go into effect, and Director
Pinto advised that they would be effective in two weeks.
Attorney Jackson recalled that their last rate increase was
back in 1980. On September 17, 1985, they wrote requesting a
hearing under the franchise to increase their rates to $10 from
$7 as their present per ton charge is $9. He felt this increase
is basically unfair because it appears to be building up the
capital improvements fund without waiting for the results of the
master study. In addition, he believed the effective date should
concur with the effective date of the increased rates to their
customers.
Chairman Scurlock understood that Director Pinto was going
to analyze that and handle all the franchised haulers at once.
Director Pinto suggested that the franchised haulers move
immediately to request a hearing for their rate increase. While
the master study may propose a new methodology of charging rates,
it would probably -be a year before we could implement such a
major restructuring. We need the interim rate increase to carry
us in the meantime.
Chairman Scurlock felt this should be a 2 -step approach and
one would be to find a vehicle as quickly as possible to let the
franchised haulers pass the interim increase on to their
customers, and then when they get their facts and figures
together, come in for a final rate increase based on their
operating costs.
tR
Commissioner Wodtke asked about the requirements for
advertising a public hearing for all the franchises so that the
rate increase could occur at the same time as the County's, and
Director Pinto noted that until final numbers are put together,
interim increases are given all the time in the utility world.
Commissioner Wodtke recalled the way it was done originally
with the $1.75 increase on $9 per ton, and felt we could use that
same approach.
Attorney Vitunac advised that it would be possible to
schedule a hearing in two weeks as there is a minimum requirement
of one week advertising before a public hearing.
Nancy Offutt of the Chamber of Commerce applauded the Board
for coming up with an equalizing technique so that Indian River
County business people won't be subjected to undue competition
from those who are not subjected to the same regulatory.
Chairman Scurlock recommended that on loads of less than one
ton, that we go to a $3 charge instead of the proposed $8, and
that we capitalize the truck and the other equipment discussed
earlier and ask Director Pinto to come back with those numbers.
Director Pinto pointed out that on Page 15 of the report,
under Table 7, Item #8 is $5.00 for each dead animal, not $5.00
for a load of dead animals.
Commissioner Bird asked for clarification on our decrease in
revenue, and Chairman Scurlock explained that we are decreasing
it from $210,00 to $140,00, for a $70,000 reduction, and we are
taking out an additional $97,000 from the R & R fund for a total
of $163,000, which accounts for the loss of revenue from the
reduction of $8 to $3 on the less than 1 -ton category.
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Wodtke, the Board unanimously
approved staff's recommendation with the
modifications discussed this morning.
26
MAR 19 '1986
MAR 19 1986 Bou 63-F1.cE91.2 -7
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Wodtke, the Board unanimously
instructed staff and the County Attorney to look into a
r
vehicle to protect our local septage haulers
from competition from other counties where they do
not have the requirement for disposal.
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Bowman, the Board unanimously
instructed the County Attorney and the Utilities
Department to find a way to put the increased rates
into the franchised haulers at the same time that
the new rates go into effect at the County Landfill.
Commissioner Bird asked if the consultants were considering
decentralization of dumping stations in the county because he
felt the two main reasons that push people into dumping illegally
are dumping costs and the driving time to the landfill.
Director Pinto confirmed that the study addresses
decentralization and we probably will see a different type of
transfer station.
CONSULTANT'S REPORT DATED 2/7/86 IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
PUBLIC HEARING - AMENDMENT TO THE ZONING CODE ESTABLISHING
MINIMUM SQUARE FOOTAGE AND LAND AREA REQUIREMENTS FOR
MULTIPLE -FAMILY DWELLINGS AND HOTEL AND MOTEL ROOMS
The hour of 10:15 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to wit:
27
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
in the matter of CJ's -G/ % 2n&
in the7 %� _ Court, wa�s"pub-
lished in said newspaper in the issues of / i0/&ro, //���Y
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscr,.iged before rr}e1thig !�' / day of & A.D. 19
(Clerk of the C
(SEAL)
NOTICE OF REGULATION OF LAND US -
NOTICE OF PUBLIC HEARING I
TO CONSIDER RECOMMENDING THE
ADOPTION OF A COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN that the Indian
River County*Board of County Commissioners,
shall hold a public hearing at which parties in in-
terest and citizens shall have an opportunity to
be heard, in the County Commission- Chambers
of the County Administration Building, located at
1840 25th Street, Vero Beach, Florida, on
Wednesday, March 19, 1986, at 10:15 a.m. to
consider recommending the adoption of an Or-
dinance entitled:
AN ORDINANCE OF THE BOARD OF .
COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, AMENDING
APPENDIX A OF THE CODE OF LAWS
AND ORDINANCES, KNOWN AS THE
ZONING CODE, ENACTING AN AMEND-
MENT TO. THE LIMITED COMMERCIAL
AND GENERAL COMMERCIAL ZONING
DISTRICTS; PERTAINING TO ESTAB-
LISHING MINIMUM SQUARE FOOTAGE
AND MINIMUM LAND AREA REQUIRE-
MENTS FOR. MULTIPLE -FAMILY
DWELLINGS AND HOTEL AND MOTEL
ROOMS; PROVIDING.FOR REPEAL OF
CONFLICTING PROVISIONS, CODI-
FICATION, SEVERABILITY, AND EFFEC-
TIVE DATE.
Anyone who may wish to appeal any decision
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
Board of County Commissioners _ By: -s-Don C. Scurlock, Jr.,
Chairman -
Feb. 27, Mar. 11, 1986 y
The Board reviewed the following memo dated 3/10/86:
TO: The Honorable Members DATE: March 10, 1986 FILE:
of the Board of
County Commissioners
DIVISION HEAD CONCURRENCE: ZONING ORDINANCE AMEND-
MENT TO ESTABLISH MINI -
SUBJECT: MUM SQUARE FOOTAGE AND
Robert M.ea ing, AICP LAND AREA REQUIREMENTS
Planning & Development Director FOR HOTEL ROOMS
FRO(V9achha d Shearer, AICP REFERENCES: Zoning Ord. Memo
Chief, Long -Range Planning RICH
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
re ular meeting of March 19, 1986.
28
BAR � b �OQx 913
PkR�c
(NAR 19 1986
DESCRIPTION & CONDITIONS
BOOK 63 PnE914
On July, 1985, the Board of County Commissioners adopted new
commercial zoning districts,, and on January 29, 1986, the Board
rezoned all commercially -zoned property in the unincorporated -
part of the County which was in conformance with the Comprehen-
sive Plan to these new commercial zoning districts. The old
commercial zoning districts contained minimum square footage and
land area requirements for hotel and motel rooms. The new
commercial zoning districts do not contain any minimum require-
ments.
On February 27, 1986, the Planning and Zoning Commission voted
5 -to -0 to recommend approval of this request.
ALTERNATIVES & ANALYSIS
Staff feels that it is necessary to have minimum square footage
requirements and land area requirements for hotel and motel
rooms. Moreover, the staff feels that the requirements contained
in the old commercial districts were appropriate and should be
continued. The staff has prepared an ordinance to reestablish
these minimum requirements in the new commercial zoning districts
which allow hotels and motels. In addition, this amendment
includes minimum square footage and land area requirements for
multiple -family dwellings.
RECOMMENDATION
Based on the above analysis, including the Planning and Zoning
Commission's recommendation, staff recommends approval.
Richard Shearer, Chief of Long -Range Planning, explained
that when the new commercial zoning districts were adopted last
July, they did not provide the minimum standards and staff feels
it would be appropriate to put the same standards back into the
Zoning Ordinance. He confirmed that the number of allowable
units are figured on total acreage.
Commissioner-Wodtke asked how these sq, ft. requirements
compared to other areas, and Mr. Shearer believed they were
somewhere between mid to mid high.
Commissioner Lyons felt that the Board should go ahead and
reinstate these requirements today and then ask the Planning
Department to look at these numbers and see if this is what we
want to continue.
Commissioner Bird did not feel that we want to require 300
sq. ft. for existing rooming houses where people are sharing a
bath down the hall.
29
7
Commissioner Bowman recalled a number of years ago when
Econo-Lodge was turned down in this county because their square
footage did not meet our standards.
Planning 8 Development Director Robert Keating advised that
staff would check to see what other areas require.
Chairman Scurlock opened the Public Hearing and asked if
anyone wished to be heard in this matter. There were none.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bird, the Board unanimously closed the
Public Hearing.
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Wodtke, the Board unanimously adopted
Ordinance 86-23 amending the Zoning Code with regard
to establishing minimum square footage and land area
requirements for multiple -family dwellings and hotel
and motel rooms and instructed staff to go back and
revisit the issue.
30 BOOK 63gGE 915
MAR 19 `988
MAR 19 1986 B00K 63. FnUE916
ORDINANCE NO. 86 - 23
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS -
OF INDIAN RIVER COUNTY, FLORIDA, AMENDING APPENDIX A OF
THE CODE OF LAWS AND ORDINANCES, KNOWN AS THE ZONING
CODE, ENACTING AN AMENDMENT TO THE LIMITED COMMERCIAL
AND GENERAL COMMERCIAL ZONING DISTRICTS; PERTAINING TO
ESTABLISHING MINIMUM SQUARE FOOTAGE AND MINIMUM LAND
AREA REQUIREMENTS FOR MULTIPLE -FAMILY DWELLINGS AND
HOTEL AND MOTEL ROOMS; PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS, CODIFICATION, SEVERABILITY,
AND EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT:
SECTION 1
Section 19, CL: Limited Commercial District, is hereby
amended by creating paragraph M. Minimum Floor Area and Land Area
Required as follows:
M. Minimum Floor Area and Land Area Reauired
For the following specified uses, every lot or parcel
shall provide a living quarters area and a land area
for each unit of at least the amount indicated:
Square feet of Square feet of
Use living area per unit land area per unit
Multiple -Family Dwelling 500 5,000
Hotel or Motel unit 300 1,200
QPrMTnU 7
Section 20, CG: General Commercial District, is hereby
amended by creating paragraph M. Minimum Floor Area and Land Area
Required as follows:
M. Minimum Floor Area and Land Area Required
For the following specified uses, every lot or parcel
shall provide a living quarters area and a land area
for each unit of at least the amount indicated.
Square feet of Square feet of
Use living area per unit land area per unit
Multiple -Family Dwelling 500 5,000
Hotel or Motel unit 300 1,200
SECTION 3
REPEAL OF CONFLICTING PROVISIONS
All previous ordinances, resolutions, or motions of the
Board of County Commissioners of Indian River County, Florida
which conflict with the provisions of this ordinance are hereby
repealed to the extent of such conflict. All Special Acts of the
legislature applying only to the unincorporated portion of Indian
River County and which conflict with the provisions of this
ordinance are hereby repealed to the extent of such conflict.
ORDINANCE NO. 86 - 23
SECTION 4
CODIFICATION
The provisions of this ordinance shall be incorporated into
the County Code and the word "ordinance" may be changed to
"section", "article", or other appropriate word, and the sections
of this ordinance may be renumbered or relettered to accomplish
such intentions.
SECTION 5
SEVERABILITY
If any section, part of a sentence, paragraph, phrase or
word of this ordinance is for any reason held to be
unconstitutional, inoperative or void, such holdings shall not
affect the remaining portions hereof and it shall be construed to
have been the legislative intent to pass this ordinance without
such unconstitutional, invalid or inoperative part.
SECTION 6
EFFECTIVE DATE
The provisions of this ordinance shall become effective upon
receipt from the Florida Secretary of State of official
acknowledgement that this ordinance has been filed with the
Department of State.
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida on this 19th day of March 1986.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
By r C
Don C. Scurlock, Jr airman
Acknowledgment by the Department of State of the State of Florida
this 24th day of March , 1986.
Effective Date: Acknowledgment from the Department of State
received on this 27th day of March 1986, at 11:00
A.M./P.M. and filed in the office of the Clerk of the Board of
County Commissioners of.Indian River County, Florida.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY.
Bruce Barkett, A sistant County Attorney
Ord. 2
RICH2
L_ MAR 19 1986 BOOK 63 �A1E 91 i
Bou 63 PA -UE 918
PUBLIC HEARING APPEAL OF CONDITIONAL SITE PLAN APPROVAL, VERO
BEACH MOOSE LODGE
The hour of 10:15 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to wit:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
in the matter
in the
lished in said newspaper in the issues
Court, was pub -
0
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
�1_ _ e
Sworn to and subsc
tuierlc of the Circuit Court, Indian River County,
NOTICE OF PUBUCYIEARING
yf Y
REGARDINGWE �APPROVAL
APPEAL F .
On February 13,' 1986, the Planning and Zon-
ing Commission of Indian River County, Florida,
sitting as the local planning agency, condition-
ally approved the site plan application submitted
by the Vero Beach Moose Lodge to construct a
1,750 square foot addition to the Lodga on the
east side of 43rd Avenue, south of 4th Sheet
The Indian River County Board of County,
Commissioners will conduct a public hearing re-
garding. appeal by the Vero Beach Moose
Lodge of the decision by the Planning and Zon-
ing Commission to conditionally approve the site
plan. The public hearing, at which parties In in-
terest and citizens shall have an opportunity to
be heard, will be held by said Board of County
Commissioners In ` the County Commission
Chambers of the County Administration Building
located at 1840 25th Sheet, Vero Beach, Florida,
on Wednesday, March 19, 1986, at 10:15 a.m.
Anyone who may wish to appeal any decision
which may be made at this meeting -will need to
ensure that a verbatim record of the proceed-
ings is,made which includes the testimony and
evidence upon which the appeal will be based.
Indian River County
Board of County Commissioners
By: -s-Don C. Scurlock, Jr.
Chairman
Feb. 28, Mar.12,1986
Planner Karen Craven reviewed the following memo dated
3/10/86:
To- The Honorable Members of DATE: March 10, 1986 FILE'
the Board of County
Commissioners
DIVISION HEAD CONCURRENCE
SUBJECT: VERO BEACH MOOSE LODGE -
Robert M. e _ i P APPEAL OF CONDITIONAL SITE
Planning & Developm t Director PLAN APPROVAL
Through: Michael K. Miller
Chief, Current Development
FROM: Karen M. Craver REFERENCES:
Staff Planner
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of March 19, 1986.
33
DESCRIPTION AND CONDITIONS
On February 13, 1986, the Planning and Zoning Commission
conditionally approved a minor site plan application submitted by
the Vero Beach Moose Lodge. Approval was granted to construct a
1,750 square foot addition to the club located on the east side of
43rd Avenue, south of 4th Street. Due to the fact that 43rd
Avenue is a primary collector and the subject property is within
the General Commercial zoning district, approval was conditioned
upon the applicant escrowing $3,471.00 for the construction of a 4
foot wide concrete sidewalk, prior to the issuance of a certi-
ficate of occupancy.
The minor site plan, which would normally be approved at the
Technical Review Committee meeting, was presented to the Planning
and Zoning Commission on appeal of TRC's sidewalk requirement. It
is the Planning and Zoning Commission's decision to uphold the TRC
requirement that the Vero Beach Moose Lodge is appealing at this
time.
ANALYSIS
A. requirement of the Site Plan Ordinance, which was not depicted
on the site plan submitted for approval,. is the construction of
sidewalks along arterials and primary collectors; 43rd Avenue is a
primary collector. In addition, Section 20(A)L of the 'Zoning
Code, CG: General Commercial District, states that all site plans
within the CG zoning district shall provide sidewalks. No
differentiation is made between major and minor site plans with
regard to this requirement. The Technical Review Committee
informed the applicant that it would be sufficient to escrow the
cost of the sidewalk, rather than construct it -at this time;
however, the applicant chose to appeal the requirement to the
Planning and Zoning Commission.
In making their decision to grant conditional approval, the
Planning and Zoning Commission cited the fact that the require-
ments for sidewalks had been consistently upheld regardless of a
project's proximity to existing sidewalks. On November 11, 1985,
the Commission approved a minor site plan application submitted by
Don's Imports, located approximately J70 feet south of the Moose
Lodge. Approval was granted with the condition that funds be
escrowed for the construction of a sidewalk, and at that time a
sidewalk did not exist within a quarter mile north or south of the
auto repair facility. Since then, the Temple Beth Shalom, located
approximately 650 feet north of the Moose Lodge, has escrowed
funds for the construction of a sidewalk. In addition, Citrus
Elementary School is within a mile and one-quarter of the Moose
Lodge-.
RECOMMENDATION
Staff recommends that the appeal by the Vero Beach Moose Lodge be
denied, and the Planning and Zoning Commission's conditional
approval be upheld..
Leo Franks, Governor of the Vero Beach Moose Lodge, believed
that if this was a new building, they would agree to paying for a
sidewalk, but pointed out that their building was built in 1979
under the old ordinances. He recalled that they had drainage
34
MAR 19 1986 Boa 63 F*Au 919
8cox 63 920
problems and spent a substantial amount of money for drainfields,
etc., in addition to spending another $12,000 to install a septic
system and lift station. Further, they donated 25 ft. of
right-of-way for a street that never has been built. Now the
members are objecting to escrowing money to pay for a sidewalk
that they feel will never be built.
Commissioner Lyons pointed out that their drainage taxes are
levied by the Indian River Farms Drainage District, not the
County.
Commissioner Bird felt certain that a bike path will be
built along 43rd Avenue because of the proximity of Citrus
Elementary School. While he understood the concerns of the Moose
membership, he pointed out that by applying for a permit to add
on to their building, they are under the requirements of the new
building codes with respect to sidewalks.
Commissioner Wodtke felt that if the sidewalk needs to be
built now, let's do it on an assessment instead of escrowing the
money. He also questioned the advisability of a minor site plan
triggering a sidewalk and suggested that the Board revisit those
requirements.
Mr. Franks pointed out that 43rd Avenue is only 55 feet
wide.
Chairman Scurlock also was concerned about our overall
policy of requiring a sidewalk or bike path on minor site plans
because he felt that in some cases it actually discourages people
from improving their property.
Director Keating advised that the Planning Department is
looking at several things that may resolve some of these issues,
and are also looking for alternatives for funding bike paths and
sidewalks.
Chairman Scurlock was under the impression that when he
voted for the Subdivision Ordinance that sidewalks were just
going to be built on the frontage of larger roads, not along the
roads within the subdivision. He agreed that this issue should
35
� � r
be readdressed and suggested that Nancy Offutt, Liaison for the
Board of Realtors and Chamber of Commerce, ask those groups to do,
an analysis on these issues. Mrs. Offutt agreed that would be a
good idea.
Mr. Franks wished to get back to the Lodge's problem and
emphasized that the members just do not want to pay for a
sidewalk before it is built.
Donald Weimann, Administrator of the Moose Lodge, did not
feel that the members would have a problem with putting in a
sidewalk if it would help the safety of the people, but they are
objecting to escrowing $3,500 so far ahead of time. He listed
some of the many contributions the Moose Lodge has made to the
community and stressed that if they were required to escrow the -
$3500, they probably would have to cut back on their
contributions.
Commissioner Lyons appreciated what the Moose have done, but
pointed out that the question today is what can we do under the
present requirements.
There was some question about whether the Moose would
receive interest in the event the sidewalk is not built after 7
years and their money is returned.
Jeff Barton of Utilities advised that interest is paid only
if it is made a part of the conditions of the contract and is
paid at whatever the passbook rate is at the time the contract is
made.
Attorney Vitunac suggested that if the Moose could build the
sidewalk themselves, they may save some money.
All the Commissioners expressed reluctance to requiring the
Moose to escrow money for the sidewalk, but believed there was
nothing they could do but follow the ordinance and direct staff
to address this problem.
Chairman Scurlock asked if the Lodge could withdraw their
site plan application and bring it back after staff has brought
back a recommendation on a change in the minor site plan process.
36
MAR 19 1986 Boas 63 PnUE 921
MAR 19 1986
BOOK 63• FnAV
Carolyn Eggert, Chairman of the Planning & Zoning
Commission, believed the Commissioners have been increasingly
unhappy with the minor site plan process and would like very much
to revisit what is required in a minor site plan.
Attorney Vitunac felt that a temporary solution to the Moose
problem is to have them pay their money in escrow under protest
with the stipulation that when this issue is revisited by the
Commission in a month or two and changes are made in the minor
site plan requirements, they would get their money back. If no
changes are made, then they already would have complied with the
ordinance. Commissioner Lyons understood then that we could
agree that their money would be in an interest bearing account.
Chairman Scurlock felt that the Moose had two options today:
Go ahead and pay under protest, or withdraw their site plan and
submit at a later date.
Attorney Vitunac explained that we can table the matter
until such time as the issue is revisited and that way they would
not have to pay another site plan application fee.
Mr. Franks agreed to having the Moose Lodge appeal tabled
until such time as staff has addressed the minor site plan
__ requirements for sidewalks.
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Wodtke, the Board unanimously
tabled this item until staff has addressed the
minor site plan requirements.
Commissioner Bird instructed staff to come back to the Board
with a recommendation as soon as possible so that the Moose could
proceed with their building addition.
Nancy Offutt asked if this matter could be opened up to a
workshop, and the Board indicated that would be a fine idea.
37
REQUEST FOR MORE SPACE FOR CREDIT UNION IN ADMINISTRATION
BUILDING
The Board reviewed the following memo dated 3/6/86:
H. T. "Son Dean
Director
FROM: General Sery ces REFERENCES:
The Driver's License Division of Florida Department of Highway Safety
and Motor Vehicles lease expires with the County November 30, 1986.
Due to the tremendous amount of traffic they generate, and the
shortage of space in the Administration Building, it is my intention
not to recommend renewal of their lease. The Credit Union has
expressed a sincere desire to lease that space due to the growth they
have experienced.
Since the "Driver's License" space has an outside entrance, and the
space would provide enough room for Credit Union growth, along with
the fact that our employees use and enjoy the benefits provided, it
is my intention to make this move provided there are no objections.
Sonny Dean, Director of General Services,,,recommended that
we put the State on notice that we do not intend to renew their
lease for the Driver's License Bureau when it expires November
30, 1986. He advised that the Credit Union is presently paying
$10.55 per square foot and the Driver's License Bureau is paying
$12.77.
Chairman Scurlock felt the Driver's License Bureau creates a
serious traffic problem in back of the Administration Building
and advised that he has asked the County Administrator to
consider closing that road at one end and developing it into an
area for parking as opposed to a through street.
38
�� 9 ���@i Bou 63 1 nE 993
TO—CO umissioner
Don C. Scurlock DATE: March 6, 1986
� '�FILE:'`y,bav
Commissioner
Dick Bird
<-,J
Commissioner.
Maggie Bowman
r Boq ���;��.
w
Commissioner
Pat Lyons
CpiCp,9�,`J
Commissioner
Bill Wodtke
County Administrator Mike Wright
'�t�?�•,� ��'�`
SUBJECT: Leased space
in '�"''��'L
` rat ion
Building.
H. T. "Son Dean
Director
FROM: General Sery ces REFERENCES:
The Driver's License Division of Florida Department of Highway Safety
and Motor Vehicles lease expires with the County November 30, 1986.
Due to the tremendous amount of traffic they generate, and the
shortage of space in the Administration Building, it is my intention
not to recommend renewal of their lease. The Credit Union has
expressed a sincere desire to lease that space due to the growth they
have experienced.
Since the "Driver's License" space has an outside entrance, and the
space would provide enough room for Credit Union growth, along with
the fact that our employees use and enjoy the benefits provided, it
is my intention to make this move provided there are no objections.
Sonny Dean, Director of General Services,,,recommended that
we put the State on notice that we do not intend to renew their
lease for the Driver's License Bureau when it expires November
30, 1986. He advised that the Credit Union is presently paying
$10.55 per square foot and the Driver's License Bureau is paying
$12.77.
Chairman Scurlock felt the Driver's License Bureau creates a
serious traffic problem in back of the Administration Building
and advised that he has asked the County Administrator to
consider closing that road at one end and developing it into an
area for parking as opposed to a through street.
38
�� 9 ���@i Bou 63 1 nE 993
BOOK 63 F' �E 919,4
MOTION WAS MADE by Commissioner Lyons, SECONDED by
Commissioner Bowman, that the Board authorize staff
to notify the Driver's License Bureau that we will not
renew their lease when it expires, and authorize the
County Administrator to negotiate with the Credit Union
to take that space.
Under discussion, Chairman Scurlock just wanted to make
absolutely sure that we never put an essential County function
out of this building so that the Credit Union can remain.
Director Dean pointed out that 492 of the 650 County
employees are members of the Credit Union, but Commissioner
Wodtke felt that at some point the other 75% of the Credit
Union's 2000 members might want the service closer to their
offices.
Director Dean felt he had the Board's direction that if more
space is needed for a County function, the Credit Union would
have to leave.
Commissioner Bird felt the rental rate should be at least
comparable to what we are now receiving from the Driver's License
Bureau, and Director Dean stated he did not have a recommendation
at this time for the rental charge. He pointed out that the
monthly rent includes their electricity, telephone, and custodian
services.
THE CHAIRMAN CALLED FOR THE QUESTION. The
Motion was voted on and carried unanimously.
DISCUSSION RE EFFECT OF PROPOSED TAX LEGISLATION ON HOUSING
FINANCE AUTHORITY
The Board reviewed the following letter dated 3/7/86:
39
Alham iHough &Co.
100 SECOND AVENUE SOUTH
SUITE 800
P.O. BOX 57008
ST. PETERSBURG, FLORIDA 33701-7008
(813) 823-8100
March 7, 1986
Don C. Scurlock, Jr.
Chairman, Indian River County
Housing Finance Authority
1840 25th Street
Vero Beach, FL 32960
RE: HOUSING FINANCE AUTHORITY OF INDIAN RIVER COUNTY PROPOSED TAX LEGISLATION
Dear Don:
The tax legislation bill, H.R. 3838, which has been passed by the House of
Representatives and is being considered by the Senate contains a number of
provisions which would adversely affect the ability of the Authority to issue
single and multifamily mortgage revenue bonds. Perhaps the most damaging is the
proposed volume cap which in most counties would greatly reduce the ability of
the Authority to finance middle, moderate, and lessor income housing. We have
enclosed our estimates of the mortgage revenue bond allocation that would be
made available to the local issuers in 1986 under the proposed tax bill.
In order to make our Senators and Representatives aware of the impact of
the proposed legislation, we have enclosed a letter highlighting the major
problems with the proposed legislation. The letters outline the most damaging
aspects of H.R. 3838, and request that the Senator or Representative support the
amendment offered by Senator Durenberger. Senator Durenberger's proposal, in
addition to eliminating the most damaging aspects of H.R. 383.8, would eliminate
the "sunset" requirement which under current law prohibits the issuance of
single family mortgage revenue bonds after 1987. We have enclosed a copy of an
ALHFA update which summarizes Senator Durenberger's proposal.
We urge you to sign and forward the enclosed letters in the envelopes
provided. It is critical that our Congressmen understand the adverse impact on
housing in Florida if H.R. 3838 is enacted in its present form.
If you have any questions, please do not hesitate to call.
Sincerely.,
WILLIAM R. HOUGH & CO.
Gti✓
Van C. Sayler
MRF/lb Vice President
Enclosures
STATE, COUNTY AND MUNICIPAL BANDS
Chairman Scurlock felt we should respond by letting the
legislature know how very important tax exempt bonds are to
county government.
40
MAR19 1986 Boa 6 3 F,i,'-�E y?5
MAR 19 1986 Bou .63 P. -UE 9066
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Lyons, the Board unanimously
authorized the Chairman to sign and transmit
a letter to the legislature conveying our concerns
re the status of tax exempt bonds.
IRC BIDS #276 & 279 - MOTOR GRADER & BIDS 275 & 278 - EXCAVATOR
The Board reviewed the following memo dated 3/5/86:
TO: The Honorable Members of the DATE: March 5, 1986 FILE:
Board of County Commissioners
THROUGH:
Michael Wright,
County Administrator
FROM -
James W. Davis, P.E.,
Public Works Director
DESCRIPTION AND CONDITIONS
SUBJECT: Award of Bids
Bid #276 & 279 - Motor Grader
Bid #275 & 278 - Excavator
REFERENCES:
As directed by the Board of County Commissioners in December, 1985, staff
has received bids on two Motor Graders and one excavator using both the
_ "Total Cost Bid" procedure and Direct Purchase procedure. In the 1985/86
budget, one motor grader was approved for purchase, however, due to the
maturing of the Total Cost Bid re -purchase bond on the 1981 Caterpillar
Grader which the County owns, staff recommended that the County request:
Kelly Tractor to honor the $69,725 repurchase commitment and the County
continue to participate in Total Cost Bidding.
ALTERMATIVES AND ANALYSIS
1. Two Motor Graders
Five bids were received under the Direct Purchase bid and one bid
received under "Total Cost Bidding"
41
Direct Purchase
Total Cost
Linder
Kelly
H.F. Mason
Dewind
Neff
Bid
(Komatsu)
(CAT)
(Champion)
(FIAT)
(J. Deere)
Kelly(Cat)
Cost of 2 graders
less trade-ins
123,000
139,045
177,500
85,500
113,000
1391,045
TCB cost of Bond
--
--
--
- --
o,
3,409
Subtotal
142,454
Guaranteed Value
at end of 5 years
(77,400*)
(124,995)
(80,586*)
(43,936*)
(56,660*)
124,995
41
5 -Year repair cost 65,033 34,412 74,022
65,033 65,033 34,412
Net Cost based
Net Capital Cost
106,237 121,423 51,871
*Assume that Equipment has depreciated 66% in 5 years as indicated in
recent Used Equipment Appraisal Book.
for 5 years
45,600
14,050
96,914 41,204 56,390 17,459
5 -Year Repair Cost
Indian River County Vehicle Maintenance.
Major repair costs and
"guaranteed value at end of year" figures
routine maintenance
25,600
25,600
25,600 25,600 25,600 25,600
major repair
NF
8,812
48,422 NF NF 8,812
for two graders is appli-
(39,433)**
net cost at the end of 5
(39, 433) ** (39, 433) **
5 -Year repair cost 65,033 34,412 74,022
65,033 65,033 34,412
Net Cost based
on assumptions 1100,633 48,462 170,936
106,237 121,423 51,871
*Assume that Equipment has depreciated 66% in 5 years as indicated in
recent Used Equipment Appraisal Book.
**Average repair figures experienced by Indian River County for various
makes of graders.
The above figures are based upon assumptions and data compiled by
Indian River County Vehicle Maintenance.
Major repair costs and
"guaranteed value at end of year" figures
have been determined from
County records based on various equipment
of different manufacturers
and may not be totally accurate.
Based on the above figures, staff is of the opinion that the lowest and
best bid is that presented by Kelly Tractor under the Total Cost Bid
procedure. -An initial outlay of $142,454
for two graders is appli-
cable, including re -purchase bond. Total
net cost at the end of 5
years is estimated at $25,936 per grader or $5,200 per year including
maintenance. Kelly Tractors guarantees parts
be delivered in 48 hours
or they will pay for parts (see letter attached).
2. Hydraulic Excavator/Wheel Undercarriage
Three bids were received under the direct
purchase bid and one bid
received under Total Cost Bidding.
Direct Purchase
Total Cost Bid
Kelly Tractor H.F. Mason
Neff Mach. Kelly Tractor
(Caterpillar) (Liebherr)
(J. Deere) (Caterpillar)
Bid Price 85,820 88,000
119,000 85,820
Less Trade-in 6,000 10,000
25,000 6,000
Subtotal 79,820 78,000
94,000 79,820
TCB -Cost of Bond -- --
-- 1,063
Subtotal 79,820 78,000
94,000 80,883
Guaranteed Value
at end of 5 years -- --
-- 37,988
Net Capital cost for
5 years -- --
-- 41,832
5 year Repair
cost(guaranteed) -- --
-- 15,200
Net Cost including
Major Repair. -- --
-- 58,095
42
MAR 1 � 1986 mu 63 9?7
MAR 19 1986 BOOK 6.3 FAGS 9 49.,8 -7
The excavators have historically experienced very high repair costs by
Vehicle Maintenance due to the large nimber of movable parts. Staff is
of the opinion that the Total Cost Bid by Kelly Tractor is the "lowest
and best" bid after considering guaranteed repair cost.
RECOMMENDATION AND FUNDING
It is recommended that the bids be awarded as follows
1) Two Motor Graders - Kelly Tractor
"Total Cost Bid"
Initial Cost including bond less
Trade-ins = $142,454
Net cost at end of 5 years = $17,459
2) Excavator - Kelly Tractor
"Total Cost Bid"
Initial cost including bond less
Trade-in = $80,883
Net cost at end of 5 years = $41,832
Funding in the amount of $235,500 has been allocated for this equipment in
the M5/86 Budget. The expenditure necessary is $142,454 for two graders
and $80,883 for the excavator or a total of $223,337. To date, the bids for
Other Road and Bridge Equipment has been $48,136 below budget.
Chairman Scurlock pointed out that the usual 5 -year history
is not available for the Fiat -Allis grader, which is relatively
new on the market.
Director Davis stated that the Dewind people are here today
and have stated that they will stand behind their equipment and
that service will be available. Based on the 1-2 year history of
these graders, the Fiat seems to compare favorably.
_ Commissioner Bird pointed out how difficult it is to compare
this type of equipment due to the difference in operators and
other factors. He asked if we could have the Fiat grader on hand
for a week before deciding whether we want to buy one CAT and one
Fiat or two Fiats-.
Director Davis advised that the Dewind representatives would
agree to a demonstrator. However, we only have a limited time
to take advantage of the opportunity to turn in the 1981
Caterpillar grader and get a repurchase price of $69,725 for a
brand new CAT. The representative from Kelly Tractor spoke from
his seat and explained that since he is not an officer in the
company, he could not put anything in writing about extending the
length of the repurchase commitment, but he personally felt a
week's delay would be okay.
43
� r �
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wodtke, the Board unanimously
deferred action on Bids #276 & 279 until next
week's meeting after Public Works has had a
chance to try out the Fiat grader and bring back
a recommendation.
Bid 276
BOARD OF COUNTY COMMISSIONERS
' 1840 25th Street
t
Vero Beach. Florida 32960
.6
r
OC'�
hAZ
4
40
•^
1�
BID TABULATION
D�1
BID NO. DATE OF OPENING
Q' {
o >
�''o'
hi
IRC BID #276 Feb. 11, 1986
i a
`may
�F`',�
BID TITLE Two (2) New LeaningWheel
wand m__D oto r
ITEM
NO. DESCRIPTION
UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT
1. Two (2) New Leaning Wheel,
NB NB NB
NB
NB
NB NB
21797 00
Tandem Drive Motor Graders
2. Less Trade-in Veh. #27
-920C 00
Veh, 0171
1-6972d 00
3. Difference
13904 00
4. Cort of Bond
340S 00
S. Total Purchase Price (Item 3 & 4
142451 00
6. Guaranteed value at end of
1 9 00
6,000 operating hrs or 5 ears
7. Item 3 less Item 6 - Difference
1745 0
44
NEAR 19 9"S' 601
BOOK 63 F',GE �)9
Bid 279
BOOK 63 F1 -UE 930 -7
bUAMU Ur 1,Uuw 1 �.uwun�amurvena
1840 25th Street
Vero Beach, Florida 32960
BID TABULATION
BIO NO. DATE OF OPENING
IRC BID #279 Feb. 11, 1986
BID TITLETwO (2) New Leaning Wheel,
landW__ ti"__ 0_tnr_Grade
J�
y.�
yoD'`
F�y
m m
Qo
h 4
°b,�%
o�
i�.'Q
+�+
j ry 4 m N
<u° p lgi. of c
w v m
°cam �a rc� �cq �im¢I°' p 4ma� mm
°
4~ �° �� Z� pm�w =°'
ITEM
N0. OESCRIPTION
UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT • PRICE UNIT PRICE UNIT PRICE UNIT PP
1. Two (2) New Leaning Wheel,NB
NB NB NB 1 234458100 17970 00 ?42000100
133L40--2-0 17000 00
Tandem Drive Motor Graders
2. Less Trade-in #27
38229 00 1 9200 00 10000 00
1 4000 00 10000 00
#171
73229 00 00 54500 00 1
44000 00 47000 00
123000 00 1139045 00 177500100Wday
00
3. Delivery: Days after recei t o
Purchase Order Days
60 d,,s 60 d ys 60-90
s
days
J. Deere
Komats j Cat Cham on
fiat- ll 6708
GD505 -2 120G 710A .
FG75A
Bids #275 & #278 - Excavator
MOTION WAS MADE by Commissioner Wodtke, SECONDED
by Commissioner Bowman, that the Board approve
staff's recommendation to purchase (1) Caterpillar
excavator from Kelly Tractor of W. Palm Beach at the
total cost bid of $80,883.
Commissioner Bird noted that H. F. Mason was the low bidder
under a direct purchase when you consider the trade-in figure,
but Director Davis stated that staff felt it would be better to
pay a little bit more under the total cost purchase and receive
the guaranteed 5 -year maintenance cost.
THE CHAIRMAN CALLED FOR THE QUESTION. The
Motion was voted on and carried unanimously.
45
1::__1
BOAHO Ut• UUUN I Y UUMMIb,Iu""rm*
15200 DO
1840 25th Street
Vero Beach. Florida 32960
e;
,
BID TABULATION
tr am e a
r �u
BID NO.IRC BID #275
DATE OFOPENING9
IRC BIO #275
Feb. 11, 1986
BID TIT LEOne (1) New Model Hydraulic
_Excavator/Wheel 11P.
UN
IT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE U.
ITEM DESCRIPTION
UNIT PRICE UNIT PRICE
PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT
NO.
1. One (1) New Model Hydraulic
Ng 85820 00
NB
9. Total
Item 7, plus Item 8.
Excavator/Wheel Undercarriage
DATE QF OP NTNG
71, 186
.p
�m^oti
2. Less Trade-in
6000 00
4. Cost of
1 7. Item 3 less Item 6 - Difference I
832
B. Guaranteed cost of re airs
15200 DO
e;
,
BID TABULATION
ud tmomm
J.p
v ��
r m
um
qV
BID NO.
DATE OF OPENING
IRC BIO #275
Feb. 11, 1986
BID TITLEOne (1) New Model Hydraulic
BID TABULATION
�ccaLato> lWheeL Undertarria
ITEM DESCRIPTION
UNIT PRICE UNIT PRICE UNIT
PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT
NO.
Cost Bid: Item 4, plus
NB 58095 00 NB
9. Total
Item 7, plus Item 8.
BID NO.
DATE QF OP NTNG
71, 186
Purchase Order Days I 196
days
Less Trade-in
3. Delivery - Days efter receipt
46
6000100 110000
1961 190-124 1;90
595
L_ BAR 19 1986 BOOK 63;��:
e;
J
BID TABULATION
ti m°'
Smam
'To J
��a,
�'r4
tm hume
u CI
BID NO.
DATE QF OP NTNG
71, 186
.p
�m^oti
3 v
Fy
�• a'tr
�m m
IRC BID #278
Feb.
4.� ^
0�
Qom
3
BID TITLE One (1) New Model Hydraulic
_Excayalorhwh dercarriage
UNIT PRICE UNIT PRICE U NIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT
ITEM DESCRIPTION
NO•
UNIT PRICE UNIT
PRICE
00• 88000
00 11900
00
1. One (1) New Model Hydraulic
Ng NB NB
Ng 1 10;J04.
r Excavator/Wheel Undercarriage
Less Trade-in
3. Delivery - Days efter receipt
46
6000100 110000
1961 190-124 1;90
595
L_ BAR 19 1986 BOOK 63;��:
r
MAR 19 MG
LEASED SPACE ON COUNTY -OWNED COMMUNICATIONS TOWER
BOOK 3 932
The Board reviewed the following memo dated 3/11/86:
TO: The Honorable Members DATE' March 11, 1986 FILE:
of the Board of County
Commissioners
THRU: Michael Wright
County Administrator
H. T. "Son Dean
Director
FROM: General services
SUBJECT: Leased space on County -owned
Communications Tower
REFERENCES:
On July 16, 1985, the Board approved a five year Master Plan to up-
date our two-way radio system. Part of that plan included the
leasing of space on our communication tower to a private contractor
for the Trunking Repeater System. We now have the first phase of the
project complete with the repeater in place.
The attached lease is as was outlined in the Master Plan. It is on
the standard form with fee schedule as approved by the Board.
Staff recommends approval.
Chairman Scurlock asked how the fair rental value was
calculated, and General Services Director Sonny Dean explained
that they set up a schedule of space on the tower based on the
__ height of the antennae. At present four leases are on this
standard agreement.
MOTION WAS MADE by Commissioner Lyons, SECONDED
by Commissioner Bowman, that the Board approve
staff's recommendation.
Under discussion, Commissioner Wodtke questioned the
function of the two radios at $1212 each that were authorized for
the Utilities Dept., and Director Dean explained that these two
radios have the ability to be used as telephones.
Commissioner Bird asked exactly what we are approving today,
and Chairman Scurlock explained that the only action we are
taking today is approving the lease agreement with Communications
47
of Vero. The other backup material included today is just to
show the Board the program that was presented back in July.
Commissioner Bird asked if we stipulate in our leases that
if we need the space for government purposes, then we have the
right to take the leases off the tower, and Director Dean
advised that these are all standard short-term leases and that
decision can be made at each renewal time.
THE CHAIRMAN CALLED FOR THE QUESTION. The
Motion was voted on carried unanimously.
48
L_ BAR 19 1986 . BOOK 63 F,�cE 933
r
MAR 1.9 1986 3/5/86 ( �Le .� � 4
TOWER SPACE LEASE ��� f . �r..
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Indian River County Board of County Commissioners,
hereinafter called "Lessor," and COMMUNICATIONS OF VERO,
hereinafter called "Lessee," agree as follows:
W I T N E S S E T H:
1. In consideration of rents, covenants, and agreements
hereinafter reserved, the Lessor does hereby grant permission to
the Lessee to install and operate the following described radio
and operation equipment of Lessor's property at:
Riwanis-Hobart Park
Indian River County, Florida
Latitude: 21°14'10"
Longitude: 80° 27126"
A. Antenna to be located 400 feet above ground level.
B. Flexible coaxial transmission line between antenna
and radio equipment. Such coaxial line to be anchored firmly to
the tower.
C. Radio communications equipment consisting of
transmitter, receiver and accessories to be installed in the tower
equipment shed located at the base of the tower to encompass an
area not to exceed 18 square feet.
D. Committed tower utilization space, including
protective clearance above and below the antenna(s), not to exceed
20 feet.
2. The term of the lease and the Lessee's obligation to pay
rent shall commence on the 1st day of January, 1986. The term of
this lease shall be 2 years following the commencement of the term
provided herein and may be renewed annually thereafter unless
within thirty days prior to the expiration of the term thereof, or
any renewal under this provision, either the Lessor or the Lessees
shall notify, in writing the other party to this lease that it
does not desire to have the lease renewed. The Lessor reserves
`the right to terminate this agreement upon sixty days prior
written notice by Lessor to Lessee that the property is needed for
an overriding public purpose.
The rent for each succeeding year may be subject to review
and renegotiation yearly no less than sixty days prior to the
renewal date contained herein. In the event the -parties hereto
fail to agree upon a reasonable rental fee for the following year,
this agreement shall terminate automatically pursuant to the terms
stated herein.
The Lessor shall have the right to terminate this lease at
any time if:
A. Lessee's operations at any time or in any way
interfere with those of the Lessor and cannot be fixed within a
reasonable time.
B. Lessor decides to abandon the facility leased, or
remove the same from its present location to a new location.
-1-
c
C. the facility leased to wholly or partially destroyed
from any cause, or condemned for public purpose.
3. Lessee shall pay Lessor at 1840 25th Street, Vero Beach,
Florida, an annual rental of $4,320.00 dollars payable at a
monthly rate of $360.00 per month and due on the first day of each
and every month during the term of this lease.
4. Lessee shall have the right to use the utility electrical
service of the Lessor located at the tower site in order to
operate and/or repair Lessee's radio units.
5. During the term of this lease, Lessor agrees that Lessee
shall have free access to the tower and the premises on which the
tower is located 24 hours per day, for the purpose of installing,
maintaining and repairing, and removing its equipment.
6. Lessee's equipment, its installation, maintenance,
repair, and removal will:
A. in no way damage the premises or tower structure;
B. in no way interfere with the maintenance of the
Lessor's property;
C. in no way interfere with the operations of Lessor's
radio or frequency modulation transmitting systems now installed
on the property and premises of lessor. If there is any
interference, lessee will take immediately, all steps necessary -,to
remove said interference, the Lessor is authorized to take steps
necessary at once and the Lessee shall be responsible for the cost
or the steps so taken.
D. comply with all applicable rules and regulations of
the Federal Communications Commission, Civil Aeronautics
Administration, and electrical codes of the city, county or state
concerned, and all other laws and regulations.
E. Lessee will not drill holes in or in any way degrade
the integrity of the tower structure.
7. Lessor reserves the right to grant radio antenna leases
to other parties on any frequency and shall be under no
responsibility to Lessee for doing so. If Lessee should claim
that the operation of such other parties involved interfere with
its operation, it shall be the Lessee's obligation to work out the
matter with such other parties and Lessor shall not be involved in
any interference or operating problems. If Lessee is unable to
work out the matter with such other parties, Lessee shall be
entitled to terminate this lease upon giving 10 days notice to
lessor.
8. Lessor agrees:
A. to maintain the radio tower in good working
condition at all times in order that the Lessee may have the use
of said tower as contemplated herein.
B. to maintain at all times the painting on the radio
tower, and lights thereon, strictly in accordance with the
requirements of the Federal Communications Commission.
9. The Lessee does hereby agree to indemnify and save the
County harmless from any and all claims, liability, losses and
causes of action which may arise out of lessee's interest in the
leased premises under this lease agreement or the lessee's
activity on the demised premises. The Lessee shall pay all claims
and losses of any nature whatsoever in connection therewith, and
shall defend all suits, at the County's request, in the name of
0
-2-
MAR 19 1986
BOOK 63 P,1,E 935
MAR 19 .1986 -
BOOK 63 P,1GE 936
the County when applicable, -and pay all costs and judgments which
issue therefrom.
10. Lessee shall obtain and keep in force during the term of
this lease, insurance with a company or companies approved by
Lessor containing public liability and property coverage
acceptable to Lessor, which latter coverage shall include the
property of Lessor. Such insurance which shall name Lessor as an
insured as well as Lessee, shall be in the amount not less than
$100,000.00 for personal injuries to any one person in any. one
accident, and $300.,000.00 to a number of persons for personal
injuries in any one accident, and property damage in an amount not
less than $100,000.00 resulting from one or more accidents, or a
combination of one or more accidents.
11. This lease shall not be assigned without Lessor's
written consent.
12. At the termination of this lease, Lessee shall promptly
remove all its equipment, construction, and installations, and
upon removal shall at its expense restore Lessor's properties to
the same good order and condition as they were immediately
previous to the beginning of this lease, normal wear and tear
expected.
Any written notice, demand, or citation under this lease may
be served on Lessor at 1840 25th Street, Vero Beach, Florida,
and on Lessee at 500 First Street, Vero Beach, Florida, 32962,
IN WITNESS WHEREOF, lM parties have hereunto signed
this lease in duplicate this day of Marro ,
1986 in the presence of the undersigned witnesses.
Signed, sealed and delivered
in the presence of:
W't ess
Witness
.t
A74
fitness
INDIAN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS
DON C. SCURL CK,, JR.,
Chairman f
Attest B .�
FREDA WRIGHT, ler of
C cult Cour
(Less `
By : �Lv
Attest by: LiLz
Name (Title)
-3-
1986 EMERGENCY MANAGEMENT ASSISTANCE AGREEMENT (EMA)
The Board reviewed the following memo dated 2/24/86:
TO: Jim Wilson DATE:February 24, 1986 FILE:
County Attorney
SUBJECT: 1986 Emergency Management Assistance
Agreement (EMA)
FES 2 6 1"Q
l
FROM: Doug
Director, mergency Mana REFERENCES:
Attached please find two original copies of the 1986 EMA Agreement
and supporting documents which needs to be reviewed prior to being
submitted for approval and signed by the Chairman of the Board of
County Commissioners.
It appears to be acceptable as•written to this department if it
meets legal standards. Please advise the date you plan to place
it on the agenda.
Emergency Management Director Douglas Wright explained that
this year we will receive $22,519 in matching funds for the 1986
Emergency Management Assistance program, and General Services
Director Sonny Dean advised that we received $21,000 last year.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Bowman, the Board unanimously
approved the 1986 Emergency Management Assistance
Agreement and authorized the Chairman's signature.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
DISCUSSION RE FLUORIDATION OF COUNTY WATER
The Board reviewed the following memo dated 3/11/86:
52
MAR 19 198-36 BOOK 63 PA ,,E 937
BOOK 63 F,�F
TO: BOARD OF COUNTY COMMISSIONERS DATE: MARCH 11, 1986
,-.,o
THRU: TERRANCE G. PINTO, DIRECT SUBJECT: FLUORIDATION OF COUNTY
UTILITY SERVICES --�� D WATER
FROM: JEFFREY K. BARTON(:?L
ASSISTANT DIRECTOR, UTILITY SERVICES
BACKGROUND
Area doctors and individuals have expressed to the Department the advantage
and necessity of placing fluoride in the County's water system.
RECOMMENDATION
Utility staff recommends that a possible public hearing be held to address
this matter.
Utilities Director Terry Pinto reported that Michael Galanis
of the State Environmental Health Dept. and several local doctors
have asked why we don't put flouride into the County water system
and he would like to have the Board's authority to proceed into
workshops and a public hearing on the matter.
Chairman Scurlock recalled that when the City of Vero Beach
approved fluoridation of their water system, there wasn't that
much fuss about it.
MOTION WAS MADE by Commissioner Lyons, SECONDED
by Commissioner Wodtke, that the Board authorize
the Utilities Department to move forward re bringing
about f-luoridation of the County water system.
Under discussion, Commissioner Wodtke asked who would hold
the public hearing, and Director Pinto believed that the
Utilities Dept, would do it because they have to perform the
action, but felt that the Health Department should be more
involved than anyone because it is a health issue.
Mr. Galanis pointed out that local doctors are confused
about whether or not they should prescribe fluoridated vitamins
for children because some homes in the county are on City water,
53
® - s
which is fluoridated and might result in situations of an
overdose of fluoride. What is needed from the Board is the
authorization to apply for the startup money that is available.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
was voted on and carried unanimously.
RESOLUTION WAIVING REQUIREMENTS FOR 30 -DAYS FOR HUMANA HOSPITAL
SITE PLAN AND BUILDING PERMIT
Utilities Director Terry Pinto explained that Humana
Hospital has applied for a water franchise from the County and ,
that is scheduled to be heard at next week's meeting. In the
meantime, we are holding up the site plan and building permit
release on some outlying medical buildings on the premises. What
they are asking to do is the same thing that we did out SR -60
which is to allow the Utilities Dept. to clear them through the
permitting process and delay franchising for 90 days to see
whether or not a water plant will be needed or whether County
water will be available.
Chairman Scurlock advised that Humana Hospital participated
in the analysis of the water ERUs needed in that area.
Commissioner Wodtke questioned our legal ability to do this,
and County Attorney Vitunac advised that this is a variance from
normal procedure and could be handled by motion or by resolution.
It was done by resolution on the SR -60 water project.
Commissioner Lyops pointed out that this involves only the
franchise and that they would still have to comply with all the
site plan requirements in order to get a Certificate of
Occupancy.
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Bowman, the Board unanimously adopted
Resolution 86-11, waiving requirements for utility
franchise for site plan and building permit release
for a period not to exceed ninety days for Humana
Hospital in Sebastian.
54
L- LIAR 19 1986 ROOK 63 F,�.E 939
RESOLUTION NO. 86-11
3/18/86(R--4)LEG(Vk)
8001( 63 940
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA
WAIVING REQUIREMENT FOR UTILITY FRANCHISE FOR
SITE PLAN AND BUILDING PERMIT RELEASE FOR A
PERIOD NOT TO EXCEED NINETY DAYS FOR HUMANA
HOSPITAL - SEBASTIAN.
WHEREAS, the requirement of the County Site Plan and
Building Permit Review is that a developer show the granting of a
utility franchise; and
WHEREAS, Humana Hospital has requested that a franchise be
given to it for providing water to its proposed facility called
AMDECO; and
WHEREAS, coincidentally the County is studying the
feasibility of providing County water and sewer to the North
County area and will have an engineering study completed within
ninety days; and
WHEREAS, it would be inadvisable to grant additional
private franchises when the possibility exists for publicly
provided water service;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY that:
The County waives the requirement that the developer show
the granting of a franchise for a period not to exceed ninety days
for site plan approval and building permit.
The foregoing resolution was offered by Commissioner Lyons
and seconded by Commissioner Bowman and, being put to a vote,
the vote was as follows:
Chairman Don C. Scurlock, Jr. Aye
Vice Chairman Patrick B. Lyons Aye
Commissioner Richard N. Bird Aye
Commissioner William C. Wodtke, Jr. Aye
Commissioner Margaret C. Bowman Aye
The Chairman thereupon declared Resolution No. 86-11 duly
passed and adopted this 19th day of March , 1986.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By ✓ G
DON C. SC RLOCK, JW.
Chairman
Attest By: A.
Y'4 0 -If
FRE A WRIGHT,
Clerk of Circuit Court
y �,.,
r
Approved as to form
and legal sufficiency
By
Charles P. Vitunac
County AttornQy�
HOWELL/CHAPMAN CONDEMNATION FEASIBILITY REVIEW
The Board reviewed the following memo dated 3/11/86:
TO: Indian River County Board
of County Commissioners
Charles P. Vitunac,
County Attorney
FROM: and
Bruce_ Barkett,
Assistant County Attorney
DATE:
March 11, 1986
SUBJECT:
HOWELL/CHAPMAN CONDEMNA-
TION FEASIBILITY REVIEW
scC,
REFERENCES: P,'��1-�
' �.JS
CONFIDENTIAL WORK PRODUCT IN ANTICIPATION OF TRIAL
This document is intended as a very brief review of
considerations relevant to the feasibility of condemnation
proceedings against the "Howell/Chapman" beachfront parcel of
property.
First, the February 18, 1986 correspondence from Butch
Horne, Senior Acquisition Review Agent, Department of Natural
Resources, indicates that if Indian River County commits to
acquire the Howell/Chapman parcel, the Department of Natural
Resources will commit to reserve the appraised value of the
property from the Save Our Coast fund for use in the acquisition
of the property. The actual amount DNR will commit to is
confidential, however I have asked Butch Horne to report to
Charlie Vitunac an approximate or "ballpark" figure upon which the
County can rely.
It is my opinion that based upon my conversations with
Butch Horne and his letter, the County can enter into a written
agreement with the Department to commit to spend up to the amount
of funds available according to the appraisals. -
Section 127.01(2), Florida Statutes (1985), authorizes the
County to acquire by eminent domain lands for parks and other
recreational purposes; however, the party whose lands are sought
has the right to present an issue before the court as to the
necessity for the proposed taking, and the amount of land required
for the purpose sought. Prior to having the County commit to
initiate eminent domain proceedings against the Howell/Chapman
parcel, reference should be made to the "Beadh Access and
Development Plan" prepared by staff for the Board of County
Commissioners in 1982. - That plan recommended purchase of
approximately 33.61_ acres with 2,070 feet of ocean frontage 4
miles north of State Road 510 along Highway A -1-A, which is the
approximate location of the Howell/Chapman parcel. Subsequent to
the issuance of the report, purchases that have been made by the
County and by the State pursuant to the Save Our Coast program. A
Court faced with determining the :issue of 'necessity in a
56
MAR 191986 BooK 63 P,A -_ 941
MAR 19 1986 BOOK 63 Pnot, 942
,.-cumdemnation proceeding would be ' likely to compare the
recommendations in the 1982 report with the subsequent
acquisitions to determine, in part, whether further acquisitions
were necessary.
Finally, regardless of the findings of the 1982 report and
of the subsequent parcel acquisitions, a current update might
indicate necessity for additional ocean frontage. Also, the
Howell/Chapman parcel lies between other parcels already purchased
for beach recreation areas, a factor weighing toward granting a
taking.
Commissioner Bird asked if the County had the option of
backing out at the point where the court determines that we could
take the property and after the State has said they would
contribute $4 -million of the $5 -million, leaving us $1 -million
short.
Attorney Vitunac explained that we can back out at that
time, but we would have to pay attorney fees for the other side
plus appraisal fees. It is not a quick taking; it would be a
regular taking.
Commissioner Bird, while reluctant to having the County take
a man's property, felt this property is unique because it lies
between two properties we already have and would give us a
sizeable, contiguous piece of beachfront.
Commissioner Bird asked what our chances were for winning
this in court, and Attorney Vitunac advised that a lot of thought
went into the actual language of the memo because it is public
record and the other side would get a copy of it in any court
case.
Commissioner Bird did not anticipate that there would be a
big difference between the appraisals and the price that the
court would set, but Attorney Vitunac disagreed because he has
noted that the seller's appraisal always seems to come out
higher.
Commissioner Bird pointed out that we have spent all our
beach money so we would have to go out and get some fresh money,
57
and Chairman Scurlock anticipated going back and extending the
beach bond issue when we go with the library bonds to complete
the beach acquisition and development package. He had no
question that the public would support the program.
Commissioner Lyons stated that the Library Committee would
have no problem with being put on the beach bond issue as that
would rule out raising any millage to pay for the libraries.
They feel that is a very delightful position to be in and
recommend it very highly.
Attorney Vitunac suggested that if we could do the
Howell/Chapman piece one step at a time and get the Board's ,
authorization to contract with the State, we might be able to get
a peek at the appraisal during that process and then decide what
our exposure would be.
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Lyons, the Board unanimously authorized
Commissioner Bird and the County Attorney to go ahead
and take the next step without any formal commitment
being made and bring back what the State will or won't
do and get some numbers.
Commissioner Bird reported that he is still working on the
possibility of finding a piece of suitable property to swap for
the Howell/Chapman parcel.
REPORT ON MEETING WITH NEW FIRE CHIEF JOHN ALLEN
Chairman Scurlock reported that he and Attorney Vitunac met -
with John Allen yesterday about some direction on how the Fire
Chief will report directly to the Commission. The basic
suggestion is that the Fire Chief will develop a liaison between
the Chairman of the Fire Advisory Board on a bi-weekly basis just
Ems'
MAR 1 1986 Boa 63 P�,Iu943
�
AR 19 1986BOOK
63
1
P,1- 944
to let everybody know what
is happening, and report to
the
full
Board on a monthly basis. In addition, he would report on a
quarterly -basis- with the District Board. They identified three
areas that needed to be reported back to the Commission on a
30 -day basis:
One is our existing fire rating. Presently we have a rating of 5
and we met that by .13 points. Chief Allen is going to prepare a
report indicating what it will take to improve that rating and
then keep it: The second area is to prepare a capital budget for
5 years, and the third area will be the Chief's recommendations
for staff and reorganization structures.
Another item discussed is that Commissioner Lyons would go
ahead and work with the Chief with respect to the ALS and EMS to
come up with a specific protocol, and whatever is decided upon,
there should be strict adherence to it, and if not, some strict
disciplinary action. They also discussed who would handle the
union negotiations which are coming up shortly, and their
recommendation is for Attorney Vitunac to serve in that capacity.
Chairman Scurlock asked the Board for any further input
-- before this is all put together and brought back to the Board in
30 days.
APPOINTMENT TO BOARD OF ZONING ADJUSTMENT
Commissioner Wodtke advised that he would be recommending
Steve Holmes to complete the term of Michael Wodtke on the Board
of Zoning Adjustment, District 4, and would introduce*Mr. Holmes
to the Board at the next meeting.
59
There being no further business, on Motion duly made,
seconded and carried, the Board adjourned at 12:25 o'clock P.M.
ATTEST:
r
__�
Clerk
.0
/ �
�►�...l�_ rI
Chairman r
BOOK 63 945