Loading...
HomeMy WebLinkAbout4/23/1986Wednesday, April 23, 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, April 23, 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 Michael J. Wright, County Administrator; Charles P. Vitunac, Attorney to the Board of County Commissioners; L.S. "Tommy" Thomas, Intergovernmental Relations Director; Joseph Baird, OMB Director; and Barbara Bonnah, Deputy Clerk. The Chairman called the meeting to order, and Vice Chairman Lyons led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Commissioner Lyons requested the addition to today's Agenda of a discussion re the control of the response to the 911 emergency sectors. Administrator Wright requested the.deletion of Item 15 - Escrow Deposits toward Impact Fees for Utility Franchise Holders - which was inadvertently placed on today's Agenda. Commissioner Lyons wished to have a full explanation on how to avoid these things in the future when this comes back on the agenda on May 7, 1986. Attorney Vitunac requested the addition of a brief report by Assistant County Attorney Bruce Barkett on the status of proposed State legislation re court reform and joint and several liability. BOa r / OK 4 APR 2 3 1996 BOOK 6A, F�,E2? ON MOTION by Commissioner Bird, SECONDED by Commissioner Bowman, the Board unanimously added and deleted the above items from today's Agenda. APPROVAL OF MINUTES The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of March 26, 1986. There were none. ON MOTION by Commissioner Bird, SECONDED by Commissioner Bowman, the Board unanimously approved the Minutes of the Regular Meeting of 3/26/86, as written. CONSENT AGENDA Commissioner Bird requested that Items N and P be removed from the Consent Agenda for discussion. A. Reports Received and placed on file in the Office of the Clerk: Traffic Violation Bureau - Special Trust Fund Month of March, 1986 - $42,827.65 Month to date report for March by last name B. Approval of Renewal Applications for a Permit to Carry a Concealed Firearm The Board reviewed the following memo dated 4/11/86: 2 r � TO: The Honorable Members of DATE: April 11, 1986 FILE: the Board of County Commissioners SUBJECT: Pistol Permit - Renewals FROM: Michael(w''.ight REFERENCES: Countyd;`inistrator The following have applied thru the Clerk's Office for renewal of pistol permits: Chester D. Brumley Nicholas Piumelli Robert A. England All requirements of the ordinance have been met and are in order. ON MOTION by Commissioner Bird, SECONDED by Commissioner Lyons, the Board unanimously approved the renewal applications for a permit to carry a concealed firearm for the following persons: Chester D. Brumley Nicholas Piumelli Robert A. England C. Approval of New—Application for a Permit to Carry a Concealed Firearm The Board reviewed the following memo dated 4/11/86: 3 APR 2 3 1986 BOOK PacI2`> S BOOK 64 Fick 226 TO: The Honorable Members of DATE: April 11, 1986 FILE: the Board of County Commissioners FROM: Michael Wright County Administrator SUBJECT: Pistol Permit - New REFERENCES: The following has applied thru the Clerk's Office for a new Pistol permit: Micheline Florida Abbott All requirements of the ordinance have been met and are in order. ON MOTION by Commissioner Bird, SECONDED by Commissioner Lyons, the Board unanimously approved a new application for a permit to carry a concealed firearm for Micheline Florida Abbott. D. Indian River Memorial Hospital, Inc. Auditor's Report - FY 1984-85 Received and placed on file in the Office of the Clerk: Indian River Memorial Hospital, Inc. Auditor's Report - FY 1984-85 1. Report on Examination of Financial Statements for year ended 9/30/85. 2. Report on Examination of Financial Statements for 5 -month period ended 9/30/85. 3. Report on Examination of Combined Financial Statements for years ended 9/30/85 and 1984. 4. Report to Management, February 21, 1986. E. Approval of Deputy Sheriff_ Appointments by Sheriff_Dobeck ON MOTION by Commissioner Bird, SECONDED by Commissioner Lyons, the Board unanimously approved the following appointments for deputy sheriff made by Sheriff Tim Dobeck: 4 T 7 Willard F. Starr Frank V. Serafini, Jr. Gerald Fedele William T. Teague John H. Matthews Robin A. Brobst Craig P. Shaw F. Release of Assessment Liens - SR -60 Water & Sewer ON MOTION by Commissioner Bird, SECONDED by Commissioner Lyons, the Board unanimously released (2) water and (2) sewer assessment liens for the SR -60 water and sewer project to Samuel E. Moon and Nancy Thomas Moon. SAID RELEASE OF ASSESSMENT LIENS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD G. Request for Extension of Site Plan Approval - Carl Renz The Board reviewed the following memo dated 4/7/86: TO: The Honorable Members DATE: April 7, 1986 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: J1 50 ��- SUBJECT: CARL RENZ' S REQUEST FOR Robert M. Keat g, EXTENSION OF SITE PLAN Planning & Development Director 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 April 23, 1986. DESCRIPTION & CONDITIONS On April 25, 1985, the Planning and Zoning Commission approved a major site plan application submitted by Carl Renz, owner of the Carlana Mobile Home Park. Approval was granted to develop a one and two-story professional office/retail sales/residential complex on the park site, located on the east side of U.S. Highway #1, south of Pelican Pointe. In addition, a drive-thru banking facility was approved as part of the development. 5 APR 2 3 1966 BOOK 6 4 FA,E 2207 J A BOOK 64 PAGE 22'O'S Site plan approval for the complex, to be known as Riverside Village, was conditioned upon the expansion of the Pelican Pointe water franchise area to include the proposed development. As a result of continuing differences between the County and Pelican Pointe regarding impact fees, the expansion of the franchise area has not yet been approved, and therefore, Mr. Renz is requesting a 1 year extension of site plan approval. No ordinances have been adopted since the April 25, 1985 approval which would alter the approved site plan. RECOMMENDATION Staff recommends approval of the request for a 1 year extension of site plan approval. ON MOTION by Commissioner Bird, SECONDED by Commissioner Lyons, the Board unanimously granted Carl Renz a 1 -year extension of site plan approval, as recommended by staff. H. Request for Extension of Site Plan Approval - Summerplace Limited Partnership II The Board reviewed the following memo dated 4/7/86: TO: The Honorable Members DATE: April 7, 1986 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: SUBJECT: Robert M. Keats g, CP Planning & Dev lopment Director Through: Michael K. Miller Pg� Chief, Current Development SUMMERPLACE LIMITED PARTNERSHIP II - REQUEST FOR EXTENSION OF SITE PLAN APPROVAL 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 April 23, 1986. DESCRIPTION & CONDITIONS On August 25, 1985, the Planning and Zoning Commission approved a major site plan application submitted by Summerplace Limited Partnership II. Approval was given to construct a two-story banking and professional building at the northwest corner of S.R. A -1-A and C.R. 510. D Approval was granted with several conditions, with the required connection to the North Beach Water Company being the condition most influenced by factors outside the control of Summerplace Limited Partnershp II. It is anticipated that North Beach will not have extended a water line to the subject area by the expiration date, and therefore, Tom Collins is requesting a 1 year extension of site plan approval. No ordinances have been adopted since the August 25, 1985 approval date which would alter the site plan. RECOMMENDATION Staff recommends approval of the request for a 1 year extension of site plan approval. ON MOTION by Commissioner Bird, SECONDED by Commissioner Lyons, the Board unanimously granted a 1 -year extension of site plan approval for Summerplace Limited Partnership II, as recommended by staff. I. Change Order #3 -_County Jail - Phase I The Board reviewed the following memo dated 4/10/86: TO: The Honorable Members DATE: April 10, 1986 FILE: of the Board of County Commissioners THRU: Michael Wright SUBJECT: Change Order Number 3 County Administrator Indian River County Jail Phase I FROM: H. T. "Soncan REFERENCES: Director General Serv' es This change order is to delete clothes hooks that were to be installed in the individual cells. Staff feels this would be dangerous in that they could be used to effect a "hanging." It is recommended that the Board approves the change order as written. 7 BOOK 64 PAGE V.09 APR 23 1966 J BOOK 64 PA -UF 2030 ON MOTION by Commissioner Bird, SECONDED by Commissioner Lyons, the Board unanimously approved Change Order #3 for the new County Jail, Phase I, as recommended by staff. FRIZZELL ARCHITECTS OWNER. ❑ CHANGE ORDER ARCHITECT ❑ U.J`: t`ti%£t 1 ? 616 CONTRACTOR ❑ FIELD ❑ OTHER PROJECT: INDIAN RIVER COUNTY JAIL CHANGE ORDER NO: Three (3) + (name, address) OWNER: Board of County Commissioners Indian River County, Florida TO: (Contractor) r RSH CONSTRUCTORS, INC. P. O. Box 52149 Jacksonville, v.: 32201 L DATE: March 31, 1986 ARCHITECT'S PROJECT NO: 1766 CONTRACT FOR: General Construction `,; ; bA0T DATED: March 27, 1985 YOU ARE HEREBY AUTHORIZED TO MAKE THE FOLLOWING CHANGES IN THE SUBJECT JOB: 1. DELETE twenty-eight (28) clothes hooks 2. Incorporate the following items AT NO ADDITIONAL COST TO OWNER: Credit for utilizing 3,000 psi concrete at 4 columns. Credit for utilizing 3,000 psi concrete at 6 frames. Use of standard plyform in lieu of high density plywood. Form & pour around pipe penetrations in lieu of pipe sleeves. Revised lightning protection. Provide concrete stub -puts for future addition. Delete floor painting. Add various electrical revisions including future conduit stub -outs & changing IMC con. to EMT. TOTAL The Contract Time will be pncreased){decressed) (unchanged) by ( ) Days The Data of Substantial Completion as of the date of this Change Order thentore Is Not valid until signed by troth the Owner and ArchllecL Slgnalun a Contractor indicates his agreement herewith. Including any adjustment In the Contract Sum or Contract Time. ORIGINALCONTRACT ..................... ........... li FORMER CHANGE ORDERS ............................ c S THIS CHANGE ORDER.............................................................................. .(ADD•DEDUCT).... 5 REVISED CONTRACT PRICE ... = SIGNED: APPROVED: ACCEPTED: CONTRACTOR BY W. R. FRIZZELL RECTS, DATE BY PAGE 1 OF 2 PAGES 8 BY ---,OWNER PROJECT: INDIAN RIVER COUNTY JAIL CHANGE ORDER NO: Three ( 3 ) (name, address) OWNER: Board of County Commissioners Indian River County, Florida TO: (Contractor) r RSH CONSTRUCTORS, INC. P. O. Box 52149 Jacksonville, F1. 32201 L DATE: March 31, 1986 ARCHITECT'S PROJECT NO: 1766 CONTRACT FOR: General Constructions J CONTRACT DATED: March 27, 1985 YOU ARE HEREBY AUTHORIZED TO MAKE THE FOLLOWING CHANGES IN THE SUBJECT JOB: 2. Cont Id. Delete stencils Revise coping. Incorporate Supplementary Instructions l thru 5 Add wall extension at second floor Revise EFB-5. Relocate CU -A1' Provide conduit for Camera No. 7. TOTAL The Contract Time will WON 81A7Ce]07ti1lFX4M (unchanged) by —n— ( 0 ) Days. The Date of Substantial Completion as of the data of this Change Order theratore Is Not valid until signed by both the Owner and Architect. Signature of the Contractor Indicates his agreement herewith. Including any adjustment In the Contract Sum or Contract Time. ORIGINAL CONTRACT ................................... 1 3,768, 981 FORMER CHANGE ORDERS .............................. S 5,362- _ $-_?,774,943 00 THIS CHANGE ORDER................................................... ...............................IEDUCTI....S 8.00 REVISED CONTRACT PRICE ... 3 3.774, 845.00 SIGNED: APPROVED: RSH CONSTRUCTORS, INC` CONTFUkCTOA BY 1N. R FRD3ELL A ECTS. INC. 00 DATE 4/ AC.� •�'�` BY �� L PAGE 2 OF 2 PAGES ..may L��:. ,� c11 . i• ACCEPTED: BOARD OF COUNTY CCx'MISSIONERZS INDIAN RIVER COUNTY, FIARIDA OWNER BY i DATE J. Proclamation designating Purple HeartDay ON MOTION by Commissioner Bird, SECONDED by Commissioner Lyons, the Board unanimously designated May 3, 1986 as Purple Heart Day. L- APR 23 1986 9 BOOK 64 F,�,€ Z31 APR 2 3 1966 BOOK 64 Fa�2,'32 P R O C L A M A T I O N WHEREAS, THE PURPLE HEART MEDAL was designed by GENERAL GEORGE WASHINGTON as the first BADGE OF MILITARY MERIT to be awarded for SINGULARLY MERITORIOUS ACTION by a soldier; and WHEREAS, on MAY 3, 1783, General George Washington awarded the first PURPLE HEARTS to SGTS. ELIJAH CHURCHILL and WILLIAM BROWN, two of only three recipients of the award during. the REVOLUTIONARY WAR; and WHEREAS, through .the diligent efforts of GENERAL DOUGLAS MacARTHUR, the War Department announced the reinstatement of the PURPLE HEART MEDAL in 1932 for persons who had suffered a wound which was received in action with an enemy, and which required treatment by a medical officer, since such wound could, in the judgment of the commander, be construed as resulting from a SINGULARLY MERITORIOUS ACT OF ESSENTIAL SERVICE; and WHEREAS, today, through progressive Presidential Orders, eligibility for the PURPLE HEART has been extended to all branches of the military and to civilian nationals of the United States who are wounded while serving under competent authority with an armed force, so that, in the words of GENERAL GEORGE WASHINGTON, "THE ROAD TO GLORY IN A PATRIOT ARMY AND A FREE COUNTRY IS THUS OPEN TO ALL"; and WHEREAS, Indian River County is honored to welcome and to serve the 42nd Annual Convention of the DEPARTMENT. OF FLORIDA MILITARY ORDER OF THE PURPLE HEART on this 203rd anniversary of the first presentation of the PURPLE HEART MEDAL, NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that May 3, 1986 be designated as "PURPLE HEART DAY" in Indian River County, Florida. 10 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By C DON C. SCURLOCR, JR , Chairman Attest: A, ,ti - FREDA WRIGHT, Clerk of Circuit Court K. _Budget Transfer - 1985/86 Fiscal Year- Parks _& Refuse Dept. The Board reviewed the following memo dated 4/15/86: TO: Honorable Board of County DATE: April 15, 1986 FILE: Commissioners THROUGH: Sonny D SUBJECT: Budget Transfer General ervices Director 1985/86 Fiscal Year FROM: Joseph A. Baird REFERENCES: OMB Director Account Number 001-251-519-44.71 001-251-519-66.45 Explanation: --Account Name Comm. Equipment Maint. Comm. Equipment Increase $14,500 Decrease $14,500 The purchase of fourteen mobile radios for the Parks and Refuse Depart- ments was budgeted in the 1985/86 fiscal year. The items were budgeted under Communications Equipment Maintenance and should have been in Communications Equipment. (Capital Asset) ON MOTION by Commissioner,Bird, SECONDED by Commissioner Lyons, the Board unanimously approved the above budget transfer, as recommended by OMB Director Baird. L. Appointment to Finance Advisory Committee ON MOTION by Commissioner Bird, SECONDED by Commissioner Lyons, the Board unanimously appointed John C. Lee to the Finance Advisory Committee. M. IRC Bid #288 -_Truck Tire Changer The Board reviewed the following memo dated 4/10/86: 11 APR 2 3 1983 BOOK 64 PAGE 233 r PF" -- APR 2 3 1986 B00lf 64 PaIJE Z'34 TO: Board of County Commissioners DATE: April 10, 1986 FILE: THRU: Michael Wright SUBJECT: IRC BID #288 -Truck Tire Changer County Administrator FROM:REFERE C �J� e NCES. Carolyn) oodrich, Manager Purchas4g Department 1. Description and Conditions Bids were received Tuesday, April 7, 1986 at 11:00 A.M. for IRC BID #288 - Truck Tire Changer for the Fleet Management Department. 8 Bid Proposals were sent out, 3 Bids were received. 2. Alternatives and Analysis The low bid was submitted by Retreaders Supply Co., Inc., Miami, Fl. in the amount of $4250.00. The bid meets specifications. 3. Recommendation and Funding It is recommended that IRC #288 be awarded to the low bidder Retreaders Supply Co., Inc. in the amount of $4250.00. There is $6500.00 budgeted in Account #501-242-591-66.49. ON MOTION by Commissioner Bird, SECONDED by Commissioner Lyons, the Board unanimously awarded IRC Bid #288 to the low bidder, Retreaders Supply Co, Inc., in the amount of $4250.for a truck tire changer. 12 BOARD OF COUNTY COMMISSIONERS �,° •Q 1840 25th Street Vero Beach, Florida 32960 BID TABULATIONBID /4zs,�c ���°� ° Q � '� qyIRC NO. DATE OF OPENING BID #288 April 8, 1986� o BID TITLE TRUCK TIRE CHANGER ITEM DESCRIPTION NO. UNIT PRICE UNIT PRICE UNIT PRICE UNIT P 1. TRUCK TIRE CHANGER 1 Each 5995 00 4250 00 5135 78 2. Days required for delivery and installation after receipt of Purchase Order. Days 30 14 21 N. IRC Bid #289 - Lubrication System The Board reviewed the following memo dated 4/14/86: r0: Board of County Commissioners THRU: MichaelWright County Administrator DATE: April 14, 1986 FILE: SUBJECT: IRC BID #289 -Lubrication System FROM: �G,C REFERENCES: Carolyn odrich, Manager Purchasing Department 1. Description and Conditions Bids were received Tuesday, April 8, 1986 at 11:00 A.M. for IRC #289 - Lubrication System for the Fleet Management Department. 13 Bid Proposals were sent out. Of the 6 Bids received, 2 were "No Bids". 2. Alternatives and Analysis The low bid was received from L. H. Travis, Inc. in the amount of $9451.41. The low bidder did not extend or total their bid initially. They were asked to submit, in writing, the total for a turn key system. A letter was received on April 11, 1986. The bid meets all specifications. 3. Recommendation and Funding It is recommended that IRC #289 be awarded to the low bidder, L.H. Travis, Inc., in the amount of $9451.41. There is $10,000.00 budgeted in Account #501-242-591-66.49. 13 APR 2 3 1986 BOOK 64 pmu 23 V ""-ApR-1986 BOOK 64 F,-�rE 236 Commissioner Bird noted that the above memo shows the low bidder as L. H. Travis, but the bid tabulation actually shows it to be International Warehouse Supply of Winter Haven. OMB Director Joe Baird advised that while all the bidders met specifications, there was a problem in the way the bid specification was worded. It specified all the necessary items for a turn key operation, but International Warehouse indicated they will not do a turn key operation at that price. He pointed out that the low bidder's letter was dated April 9, 1986 and the bids were opened April 8th, and wondered whether that was a typographical error. He stated he would be glad to rebid this item if the Board wished. ON MOTION by Commissioner Bird, SECONDED by Commissioner Lyons, the Board unanimously authorized staff to rebid IRC Bid #289. BOARD OF COUNTY COMMISSIONERS 1840 25th Street Vero Beach, Florida 32960 1 BID TABULATION V� DATE OF OPENING April 8, 1986 o� �� ,a 4 a 10 o o ��' t�� a{► x� a 'a a�/q, �3Q �3 J_q ,yam V UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE W 'r 1. Lubricati-on Systpm NB Irl, ..�wlia-'a-0100" f,C n ^�C� 5894 74 10352 00 9718 fO BID NO. IRC BID #289 DATE OF OPENING April 8, 1986 o� �� ,a 4 a 10 o o ��' t�� a{► x� a 'a a�/q, �3Q �3 J_q BID TITLE LUBRICATION SYSTEM ITEM NO. DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE W 'r 1. Lubricati-on Systpm NB NB 9451 41" 5894 74 10352 00 9718 00 2. Days required for deliver & u y a_ y — installation after receipt of Purchase Order. Days Week o 33 21 10 days 14 0. IRC Bid #290 - Traffic Signal at SR -60 6 90th Avenue The Board reviewed the following memo dated 4/9/86: TO: Board of County Commissioners DATE: April 9, 1986 FILE: THRU: Michael Wright SUBJECT: IRC BID #290 -Traffic Signal, County Administrator SR 60 at 90th Ave. FROM: d''u-e4) REFERENCES: Carolyn 6bodrich, Manager Purchasing Department 1. Description and Conditions Bids were received Friday, April 4, 1986 at 11:00 A.M. for IRC #290 -Traffic Signal, SR 60 at 90th Ave. 5 Bid Proposals were sent out, 3 Bids were received. 2. Alternatives and Analysis This bid is for installation only of 4 concrete strain poles for the Traffic Signal at SR60 at 90th Ave. The low bid was submitted by Signal Construction, Jupiter, Fl. in the amount of $3698.00 Total. 3. Recommendation and Funding It is recommended that IRC #290 be awarded to the low bidder, Signal Construction in the amount of $3698.00. Funds are budgeted in Account #111-245-541-66.44. ON MOTION by Commissioner Bird, SECONDED by Commissioner Lyons, the Board unanimously awared IRC Bid #290 to the low bidder, Signal Construction in the amount of $3698.for the installation of 4 concrete strain poles for the traffic signal at SR -60 and 90th Avenue. 15 APR 2 3 196 BOOK 64 F,� 237 J BOARD OF COUNTY COMMISSIONERS 1840 25th Street Vero Beach, Florida 32960 BID TABULATION BOOK 64 F,+ -F 2,38 BID NO. IRC BID #290 DATE OF OPENING April 4, 1986 P fi a^ Cli Cj r y a �c BID TITLE TRAFFIC SIGNAL, SR 60 at 90TH Aya_ ITEM DESCRIPTION NO. UNIT PRICE C-0 UNIT PRICE UNIT 1. Traffic Signal, SR60 at 90TH BID NO. IRC BID #290 DATE OF OPENING April 4, 1986 P fi a^ Cli Cj r y a �c BID TITLE TRAFFIC SIGNAL, SR 60 at 90TH Aya_ ITEM DESCRIPTION NO. UNIT PRICE UNIT PRICE UNIT PRICE UNIT 1. Traffic Signal, SR60 at 90TH 1849 00 2140 00 3167 00 641_34_40 Concrete Strain Pole --(Ins-tall -Q foundation) 2 Each 641-34-42 c 1849 00 3140 00 3167 00 Install only w concrete foundation) 2 Each Total 3698 00 5280 100 6334 00 MM .7 f/!a P. Sale of County Property The Board reviewed the following memo dated 4/16/86: TO: Board of County DATE: April 16, 1986 Commissioners FILE: SUBJECT: Sale of County Property "To FROM: IntergovernmentalaRelaEFERENCES: On April 15, 1986 the County received sealed bids on the following described properties: LOTS 1 and 2, BLOCK 81, TOWN OF FELLSVIERE Located in the City of Fellsmere on the corner of Pine Street and the Fellsmere Farms Drainage District property One Bid received from Grace Yates in the amount of.$500. 16 IF - APR 2 3.1986 BOOK 64 FAljE40 Thomas confirmed that the Roberts have agreed on the price and have paid and the title description has been cleared through the attorneys. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously accepted the bid of $5,000 received from Jane L. Gregory for the Oslo Cemetery; and accepted the bid of $500 received from Grace Yates for Lots 1 and 2, Block t 81, in the Town of Fellsmere, as recommended by staff. (BOTH DEEDS ARE ON FILE IN THE OFFICE OF THE CLERK) PROCLAMATION INDIAN RIVER COUNTY VOLUNTEER AMBULANCE SQUAD Chairman Scurlock read the following proclamation aloud and presented it to Bernard Paz, who accepted it in behalf of the Volunteer Ambulance Squad and : ,a tua ti -la t they hope to be able to .provide this service for another 20 years. 18 Staff recommends the County Commissioners accept the bid of $500 for LOTS 1 and 2 in the TOWN OF FELLSMERE. These are two 25' lots which are on the corner adjacent to property owned by Grace Yates, therefore, they are unbuildable lots. The County has no use for this property. OSLO CEMETERY Old Dixie Highway and 6th Avenue S.W. One Bid received from Jane L. Gregory in the amount of $5000. Ms. Gregory has twelve members of her immediate family buried at the Oslo Cemetery. Staff recommends the County Commissioners accept the bid of $5000 for the Oslo Cemetery from Jane L. Gregory. Funds received from the sale of these two properties to be put into the Park Development Fund. Commissioner Bird asked what happens to the maintenance of the cemetery if we agree to sell it to the high bidder, and Intergovernmental Relations Director Tommy Thomas explained that this matter came up about 18 months ago and the Board.authorized staff to sell it because of the continuing maintenance problem and the fact that it was not large enough to make it a public type cemetery. Jane L. Gregory, the only bidder, represents several old families in the community who have relatives buried there. Liz Fo H ani, Administrative Aide, noted that a substantial amount of correspondence has been received from Mrs. Gregory over the last six years regarding her desire to maintain the cemetery as it is in deplorable condition and all her family is buried there. She plans to fence 'it in, landscape it, keep it mowed, and maintain it in a proper manner. Commissioner Bird just wanted to be sure that we don't have any legal responsibility for future maintenance after all these years of county ownership. Attorney Vitunac advised that since it is a private cemetery, even if we put something in the deed about maintaining it, they must follow the requirements of the County's ordinances in any event. Commissioner Wodtke wanted to be sure that the County is completely cleared to the property to the south, and Director 17 APR 2 3 1986 BOOK 64 F',1GrP V P R O C L A M A T I O N WHEREAS, this year marks the Twentieth Anniversary of the INDIAN RIVER COUNTY VOLUNTEER AMBULANCE SQUAD; and WHEREAS, the INDIAN RIVER COUNTY VOLUNTEER AMBULANCE SQUAD.began with ten volunteers and has grown to over two hundred volunteer members who give unselfishly of their time and efforts; and WHEREAS, the INDIAN RIVER COUNTY VOLUNTEER AMBULANCE SQUAD can provide service to the entire county for emergency transportation and basic life support to its citizens; and WHEREAS, the volunteer membership of the INDIAN RIVER COUNTY VOLUNTEER AMBULANCE SQUAD has increased with the growth of the county operating twenty-four hours a day, seven days a week, making ovar five thousand emergency runs a year; and WHEREAS, the INDIAN RIVER COUNTY VOLUNTEER AMBULANCE SQUAD has always worked closely and cooperatively with the other municipalities in our community giving professional emergency service; and WHEREAS, the INDIAN RIVER COUNTY VOLUNTEER AMBULANCE SQUAD has a skilled training department teaching drivers, dispatchers, first -aiders, and EMTs many of which go into more advanced areas of emergency services; NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY C01-IMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that May 1, 1986 be observed as the Twentieth Anniversary of the INDIAN RIVER COUNTY VOLUNTEER AMBULANCE SQUAD, and the Board urges all the citizens of Indian River County to give thanks through moral and financial support to this worthwhile organization. ATTEST: /+ Freda Wright, Clerk Adopted April 23, 1986 19 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA _ � G Don Scuff 1 cock, Jr n APR 2 3 1986 BOOK L.--_ ®A Fina 2111 V I PROCLAMATION - LAW DAY BOOK 64 pn,14 Chairman Scurlock read the following proclamation aloud and presented it to Attorney William G. Collins, II, who accepted it in behalf of the local Bar Association. P R O C L A M A T I O N WHEREAS, MAY IST is LAW DAY U.S.A. in the United States of America; and WHEREAS, the foundation of individual freedom and liberty is the body of the law that governs us; and WHEREAS-, The Constitution of the United States of America, and the Bill of Rights are the heart of that body of law which guarantees us many freedoms - including, among others, freedom of religious belief, freedom to hold property, freedom of assembly, freedom of speech, freedom of press, freedom of petition, and due process of law; and WHEREAS, this year marks the 29th annual nationwide observance of LAW DAY, and the Congress of the United States and the President by official proclamation have set aside May 1st as a special day for recognition of the place of law in American life; NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that MAY 1, 1986 be designated as "LAW DAY U.S.A." and call upon all citizens,. schools, businesses, clubs and the news media to commemorate the role of law in our lives. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA • gy �.R. � r�G^c�i J DON C. SCURLOCK, JR., Chairman Attest By, . ;• ^ FREDA WRIGHT, Clerk of Circuit Court 20 � � s PUBLIC HEARING - RUDOLPH JOHNSON'S REQUEST FOR SPECIAL EXCEPTION APPROVAL OFA GUEST COTTAGE The hour of 9:10 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached to wit: VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being in the matter of 66,04". in the Court, was pub- lished in said newspaper in the issues of ' v to Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuouslyi published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribedore a thi ay f� - A.D. i (Business Manager) t JLZc' 4`1+� 1. NOTICE OF PUBLIC HEARRM Notice of Pu lic Hearing to consider granting special exception approval for a guest cottage. i The subject property is presently owned by Ro- . dolph Johnson and is located on the west side of 49th Avenue, south of 12th Street,: The subject property 19 described as: ALL OF LOT 12, ACCORDING TO PLAT.- OF LAT OF ; KANAWHA ACRES SUBDIVISION. AS EREOF RE- CORDESHOWN PLAT BOON OK 4, PAGE 29. INDIAN RIVER COUNTY, FLORIDA And Also. FROM AN IRON PIPE ON THE SO t1TH PLAT OCORNER 00 LOT 11 OF THEI­i'm F KANAWHA ACRES SUBDIW' aims- nc SHOWN IN PLAT ¢OOK 4, SOUTH LINE OF LOT 14,A OF 90.00 FEET TO AN IRON THE .POINT OF BEGINNING RUN IN A NORTH NORTHY DIRECTION WITH AN INTERI, OF 98 DEGREES 27 MINUTE FROM EAST TO A NORTHEF TION A DISTANCE OF 177.0 AN. IRON PIPE, SAID PIPE B FEET EAST OF THE MOST I NORTH ' POINT OF -, SAID THENCE RUN To A PO1N "SO0SHORE OF A' ON AFORESAID` 7Hop E E CHORD D S ANC OF BETWEENTHE MOST N POINTS OF SAID LOT 11; Tf NORTHEASTERLY TO APO SOUTH SHORE OF•,, "LAKE" AT ITS INTERSEC THE EASTERLY LINE _OF.A THENCE MEANDERING ERLY LINE OF 'SAiD LOT TANCE OF 154 FEET TO At ON A SURVEY CONTRO SHOWN ON SAID PLMr_1 In A public hearing.at wl citens l have ar will be held mby the Bol are of Indian River C< mission Chambers of Building; located 'at. Beach, Florida pnWe Anyone who may ixt! which may be made ensure that a verbstin is made which Inclw dance upon which'Itn -INDIAN RNEF BOARD OF Cl BY: -s- Don C,' Chairman Apr. 4, 1A. The Board reviewed the following memo dated 4/7/86: 21 *APR 2 3 1986 BOOK 6 �a;; FF"_ APR 2 3.1981 TO: The Honorable Members of the Board of County Commissioners Boa 646 �uc?44 —7 DATE: April 7, 1986 FILE: DIVISION HEAD CONCURRENCE: Z a � SUBJECT: RobertMe in ,AICP Planning & Development Director Through: Michael K. Miller MKM Chief, Current Development RODOLPH JOHNSON'S REQUEST FOR SPECIAL EXCEPTION APPROVAL OF A GUEST COTTAGE FROM: Karen M. Craver��EFERENCES: 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 April 23, 1986. DESCRIPTION & CONDITIONS Rodolph Johnson, owner of Lot 12 and part of Lot 11 in Kanawha Acres subdivision, has submitted a minor site plan as part of a request for special exception approval of a guest cottage in the RS -3, Single-family Residential zoning district. The subject property is located on the west side of 49th Avenue, south of 12th Street. Pursuant to Section 25.3 of the Zoning Code, Regulation of Special Exception Uses, the Planning and Zoning Commission is to consider the appropriateness of the requested use based on the submitted site plan and the suitability of the site for that use. The Commission then concurrently makes a recommendation to the Board of County Commissioners regarding the special exception use and acts on the submitted site plan. The County may attach any conditions and safeguards -necessary to assure compatibility of the use with the surrounding area. At their meeting Commission considE Zoning Commission Commissioners that be given, and gra; approval of the approved site plan of March 27, 1986, the Planning and Zoning :red Mr. Johnson's request. The Planning and voted to recommend to the Board of County special exception approval of the guest cottage rated site plan approval conditioned upon Board special exception use. An analysis of the is as follows: ANALYSIS 1. Size of Property: 74,000 square feet 2. Zoning Classification: RS -3, Single-family Residential District 3. Land Use Designation: LD -1, Low Density Residential District 4. Building Area: 500 square feet 5. Off-street Parking Spaces Required: No additional parking is required. 6.. Access: The guest cottage will be accessed via an existing drive off of 49th Avenue. 7. Drainage Plan: A Stormwater Management permit is not required, and drainage improvements are not necessary. 22 8. Landscape Plan: Landscaping is not required to accommodate the guest cottage. 9. Utilities: Modifications to the existing utilities system are not necessary. 10. Surrounding Land Uses: The subject property is surrounded by single-family residences. Section 25.1 of•the Zoning Code, Regulations for Specific Land Uses, details' specific criteria to be considered when reviewing a guest cottage for approval as a special exception use. All criteria, including status as a non-commercial accessory to a principal structure and minimum separation between buildings, have been meta RECOMMENDATION Staff recommends that the Board grant special exception approval of the guest cottage. Chairman Scurlock opened the Public Hearing and asked if anyone wished to be heard in this matter. There were none. ON MOTION by Commissioner Bird, SECONDED by Commissioner Lyons, the Board unanimously closed the Public Hearing. MOTION WAS MADE by Commissioner Bird, SECONDED by Commissioner Wodtke, that the Board grant special exception approval of the guest cottage, as recommended by staff. Under discussion, Planner Craver confirmed that there were no deed restrictions on the warranty deed. Commissioner Bowman asked about the present use of the other half of Lot 11, and Planner Craver explained that the owner of Lot 10 lives there as each of the abutting owners bought a lot and a half. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. 23 APR 2 3 1986 Boa 61, mGE 245 APR 2 3 1966 BOOK 64 246 PUBLIC HEARING - COUNTY -INITIATED_ REQUEST_ TO ESTABLISH BOUNDARIES FOR THE ENLARGED HOSPITAL/COMMERCIAL NODE The hour of 9:10 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publications attached, to wit: N VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida ;OUNTY OF INDIAN RIVER: MATE OF FLORIDA r • Before the undersigned authority personally appeared J. 1. Schumann, Jr. who on oat rays that he is Business Manager of the Vero Beach Press-loumal, a weekly newspaper publish et at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, bein RM—B in the matter of i di% i! �/l✓ll+(/2 r��v n `, t �// 't .�. ff NOTICE OF REGULATION OF(NO USE In the Court, was pub NOTICE OF PUBLIC HEARING TO CONSIDER THE ` - c''.tiir:•';,;,' .: . t. - , it ADOPTION OFA COUNTY ORDINANCE Ilshed in said newspaper in the Issues of r �`r NOTICE IS HEREBY GIVEN that the Board of County Commissioners, of Indian River Count' Florida, shall hold a public hearing at which parties in interest and citizens shall have an oppor. tunity to be heard, in the County Commission Chambers of the County Administration Building, lo. cated at 1940 25th Street. Vero Beach, Florida, on Wednesday. April 23, 1986, at 9:10 a.m, to con- sider the adoption of an Ordinance entitled: � •.1 Affiant further says that the said Vero Beach Press -Journal is a newspaper published AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER Vero Beach, in said Indian River County,• and that the said newspaper has heretofor COUNTY, FLORIDA. ESTABLISHING BOUNDARIES FOR THE 205 ACRE HOSPITAL COM - ascon cla%s sly published in said Indian River County, Florida, weekly and has been entereond MERCIAL NODE LOCATED EAST OF U.S. HIGHWAY 01 ALONG BARBER AVENUE. AS as second class maJi year ex the post ing t e Vero Beach, in said Indian River County, Florid for a period of one year next preceeding the fust publication of the attached copy of advei GENERALLY DESCRIBED IN THE TEXT OF THE LAND USE ELEMENT AND DEPICTED ON tisement; and affiant further says that he has neither paid nor promised any person, firm c THE LAND USE MAP OF THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN; corporation any discount, rebate, commission or refund for the purpose of securing this advei PROVIDING FOR THE BOUNDARY MAP OF THE N09AND EFFECTIVE DATE. USf�I , . y risemonr for Publication in the said newspaper. • A map of the proposed node boundary Is included with s notice and a larger map is available at /Z Sworn to and subscribed Before me this day of A.D. L the Planning Department office on the second floor of fps County Administration Building. The Board of County Commissioners may modify the propose"-. Ode boundary by up to 300 fest in any direction at this public hearing. : ; , ; Anyone who may wish to appeal any decision whlch MY be made at this meeting will now to u e3s Manajlert i ensure that a verbatim record of the proceedings is madetwhieh includes testimony and evidence upon which the appeal Is based. i Indian River County i + - Board of County Commiaalonersr • F .:. : uF •; ti - l i;;,`; i/'� 1 By -a• Don C. Scurlock. Jr., s ' ` '.• . fir. - I .� . •.'. Chairman .1 " i ♦ s Apr. 3.15. 1986 s j'• �YYt� ' t i u I r �3s' t::+4 I The Board reviewed the following memo dated 4/14/86: TO: The Honorable Members DATE: April 14, 1986 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE 11 IV �� ` M,, O SUBJECT: COUNTY INITIATED Robert M. KestLng 6 ICP REQUEST TO ESTABLISH Planning & Development Director BOUNDARIES FOR THE EN- LARGED HOSPITAL/COMM- ERCIAL NODE. FROM. -Richard Shearer, AICP REFERENCES: Hos C / om Node Memo Chief, Long -Range Planning ROB1 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of April 23, 1986. 24 M M M DESCRIPTION & CONDITIONS The Planning Department is initiating a request to establish boundaries for the 205 acre hospital/ commercial node located along 37th Street (Barber Avenue). On April 10, 1985, the Board of County Commissioners adopted boundaries for the 130 acre hospital/ commercial node. At that time, the Board indicated that they felt the node should be enlarged to include all of the hospital's property which consists of 75 acres. This would enlarge the hospital/comm- ercial node from 130 to 205 acres. On December 18, 1985, the Board of County Commissioners adopted an amendment to the Comprehensive Plan which enlarged the hospital/commercial node to 205 acres. On January 23, 1986, the Planning and Zoning Commission voted 4 -to -0 to recommend approval of boundaries for the enlarged 205 acre node which were similar to this proposal but did not include blocks 13, 14, and 15 of Geoffrey subdivision. On January 29, 1986, the Board of County Commissioners approved the nonresidential zoning conversion ordinance. This ordinance rezoned all of the Geoffrey Subdivision to RM -8, Multiple - Family Residential District. The southernmost part of the subdivision has been proposed for inclusion in the node previ- ously. However, on two previous occasions, the Board of County Commissioners. has determined that is was -not appropriate to include this part of the Geoffrey Subdivision in the node. On February 19, 1986, the Board of County Commissioners tabled action on setting boundaries for this node pending a redrawing of the boundaries to include blocks 13, 14, and 15 of Geoffrey Subdivision which consists of approximately 3.5 acres. ALTERNATIVES & ANALYSIS In this section, an analysis of the factors used to determine the proposed enlarged node boundary is presented. The analyses includes a description of the current and future land uses of the node, as well as physical and environmental considerations. The proposed boundary for the enlarged hospital commercial node was prepared based on the following criteria: 1. The current adopted node boundary; 2. The general description and size constraint of the node as described in the text of the land use element; 3. The existing medical uses -in the general area of the node; 4. The existing zoning pattern; 5. Property boundaries; 6. Physical considerations; 7. Environmental constraints; and 8. Access to the transportation network. Existing Land Use Pattern All of the existing medical uses in the general area of the node are included within the proposed enlarged node boundary. 25 BOOK � fF{�c 247 L7 APR 2 3 196 APR 2 3 1996 BooK frc4 These existing uses include: Indian River Medical Center, Indian River Village Care Center, Vero Care Center, Medical-- Arts Center; Rehabilitation Hospital (under construction), Indian River Associates Medical Office Building (site plan approved), and Rivendell Psychiatric Hospital (under con- struction). The node is surrounded by undeveloped land to the north, existing residential development to the northwest, commercial and undeveloped land to the west, undeveloped land- to andto the east, and undeveloped land and residential development to the south. Future Land Use Pattern All of the nodes are generally described in the Comprehensive Plan. The hospital commercial node is described as: A two hundred five (205) acre hospital commercial node is located north of the present Indian River Hospital along 37th Street (Barber Avenue). Commercial uses related to the needs of the hospital shall be the primary use permit- ted as well as residential uses. Based on the Comprehensive Plan's definition of the node as being located north of the hospital, staff has interpreted this to mean that the hospital was not originally considered part of the node. However, now that the hospital and surrounding area is zoned MED, Medical District, it does seem more logical to include the hospital in the hospital commercial node. The proposed node boundaries will include the hospital's property which consists of 75 acres and a 10 acre parcel of land directly south of the Indian River Medical Center property and east of the hospital's property. The proposed enlarged node boundaries follow the existing hospital property boundaries, and transect a parcel of land to the east of the hospital. This is a 29.94 acre parcel of land, and transecting it with the proposed enlarged node boundary will allow the property owner to develop a portion of his land for medical or commercial use: After the Board of County Commissioners considered boundaries for this node in February, the staff reevaluated the acreage in the node to determine whether or not blocks 13, 14, and 15 of Geoffrey Subdivision could be included without deleting some land already proposed for inclusion. The previous proposed boundary did include 205 acres. However, the current proposed right-of-way configuration for Indian River Boulevard will take between three and six acres of medically -zoned land now located in the node. Based on this right-of-way proposal, staff feels that blocks 13, 14, and 15 of the Geoffrey Subdivision could"be included in the node without deleting any other property because three -to -six acres already in the node will be lost for right-of-way. Physical Considerations The slope of the land in the node is from slight to moderate in character; elevations range form 5' to 10' mean sea -level. The soils in the proposed enlarged node possess the fo w ng properties: poor compaction and shrink -swell characteristics, and are poorly drained. Overall, the aforementioned physical features indicate poor development potential. 26 Environment Generally, the node area is not designated as environmentally sensitive; however, approximately one acre in the eastern portion of the node is -located in a high marsh area as depicted on the National Wetlands Inventory Map. A site inspection on December 31, 1985 revealed that there was no standing water on the site. Approximately 75 acres of land in the eastern portion of the node is located within the 100 year flood plain as depicted on the Flood Rate Insurance Map (FIRM) for the area. Access to the Transportation Network The parcels of land located in the proposed.enlarged hospital/comm- ercial node have either primary or secondary access to 37th Street (designated as a Secondary Collector on the Thoroughfare Plan). RECOMMENDATION Based on the above analysis, staff recommends approval. Commissioner Bird asked about the 3 acres in the northeast corner of the node, and Richard Shearer, Chief of Long -Range Planning, noted the possibility of moving the node further to the west. Chairman Scurlock noted that we are looking for 70 feet of right-of-way through there for Indian River Boulevard which would reduce the node down from the present 210 acres, and Mr. Shearer explained that all road right-of-way is computed in the acreage of nodes. Chairman Scurlock opened the Public Hearing and asked if anyone wished to be heard in this matter. Michael O'Haire, attorney representing property owners in Block 15, noted that the size of this node has been debated and discussed exhaustively, and urged the Board to include Blocks 13, 14, and 15 of the Geoffrey Subdivision in the hospital/commercial node. He believed the property owners in the area wish to have those blocks included because their properties would be worth more than if they remained residential. He further noted that only 2 out of 36 owners have objected to the commercial zoning and a petition was presented to the Clerk at the Public Hearing of 2/19/86 with 38 signatures favoring inclusion in the node. 27 BOOK 64 pnL 249 APR 2 3 1986 BOOK 04 -,*250 William G. Collins, II, attorney representing J. D. Malone, owner of Block 13 in Geoffrey Subdivision, pointed out that if the Board decides to include this property in the commercial node, there would be some incentive to reassemble these 50' x 90' and 50' x 100' lots. With that incentive people would have the opportunity to provide a buffer to the land on the northern edge of the commercial node, 37th Place. In addition, he reminded the Board that Mr. Malone's property is currently zoned RM -8 and if it is left in the residential designation, Mr. Malone would be left with an unbuildable piece of property because of the setback requirements. Attorney Collins showed several slides of the best and worst case scenarios for developing Block 13, and concluded by urging the Board to include Block 13 in the hospital/commercial node and rezone it back to C-1. Robin A. Lloyd, attorney representing owners in the eastern end of the Geoffrey Subdivision, noted that the slides presented by Attorney Collins are just a little different than the aerial view presented by staff, and Mr. Shearer confirmed that the aerial view is the one being proposed today. Ellis Buckner, proprietor of Mr. Boo Boo's Barbeque, was very much disturbed about the effect on his business if Block 13 remains in residential zoning, and urged the Board to rezone it back to commercial. Reverend Charlie Elton Jones, 1710 38th Lane, opposed.the proposed boundary of the hospital/commercial node which includes Blocks 13, 14, and 15 of the Geoffrey Subdivision, and wished to have the northern boundary of the node at 37th Street rather than 37th Place. He explained that he has walked through the community and talked to the residents and believe that they do not want to move from their homes. If that area is rezoned to commercial, the home owners in those blocks would lose the option of rebuilding their homes if they burned down or were destroyed in any other way. Most of the people in the community have lived W there all of their lives and wished to remain. Heurgedthe Board to establish 37th Street as the northern boundary of the hospital node, rather than 37th Place. Joe ldlette, owner of property along 37th Street, stated that it was not his desire to have anyone move from Geoffrey Subdivision nor did he want to infringe on anyone's rights. All he is asking is that the Board permit him to use his property in conformance with the common usage that is presently there. Tom Pease, owner of property in Block 15, pointed out that the speed limit is 45 mph along 37th Street, and stressed that the area had always been zoned commercial until just recently. Chairman Scurlock confirmed that 50 ft. lots are buildable even with the current well and septic tank requirements. Jill Pease, owner of property in Block 15, again displayed a map that was presented at the meeting of 2/1.9/86 showing that the majority of owners are in favor of the rezoning. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously closed the Public Hearing. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bird, that the Board adopt Ordinance 86-29 establishing the boundaries of the hospital/commercial node of 205 acres to include Blocks 13, 14, and 15 of the Geoffrey Subdivision. Under discussion, Commissioner Bird felt that 37th Street with its present traffic situation, plus the additional traffic generated when it intersects with Indian River. Boulevard, is going to make it extremely undesirable for residential fronting that street. He was concerned about lots facing 37th Place being converted to commercial and using 37th Place as their ingress and egress; he hoped there could be some combination of ownership there and that all of the commercial activity will use 37th St. 29 BOOK 64 uct251 APR 2 3 1966 L z APR 2 3 1996 BOOK 6A F''„c2,512 Commissioner Wodtke asked if the Baptist retirement center would be included in the node, and Mr. Shearer confirmed that it would not. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. 30 ORDINANCE NO. 86 -29 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA ESTABLISHING BOUNDARIES FOR THE 205 ACRE 37TH AVENUE HOSPITAL COMMERCIAL NODE AS GENERALLY DESCRIBED IN THE TEXT OF THE LAND USE ELEMENT AND DEPICTED ON THE LAND USE MAP OF THE LAND - USE ELEMENT OF THE COUNTY'S COMPREHENSIVE PLAN; PROVIDING FOR THE BOUNDARY MAP, DESCRIPTION OF THE NODE AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Indian River County, Florida- have amended the County's Comprehensive Plan to provide for establishing boundaries for every commer- cial, commercial/industrial, industrial, tourist/commercial, and hospital/commercial node; and WHEREAS, The Planning and Zoning Commission has held a public hearing and subsequently made a recommendation to establish boundaries for this node; and, WHEREAS, The Board of County Commissioners has held a public hearing on these proposed boundaries at which parties in interest and citizens had an opportunity to be heard; and, WHEREAS, The Board of County Commissioners is empowered to adopt these boundaries to assist in the implementation of the County's Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian River County, Florida, that: SECTION 1 The attached map labeled as "Attachment A" and the description labeled as "Attachment B" shall be the official boundaries of the 205 acre 37th Avenue Hospital Commercial Node. SECTION 2 EFFECTIVE DATE The provisions of this ordinance shall become effective upon receipt from the Florida Secretary of -State of official acknowledgment that this ordinance has been filed with the Department of State. APR 2 3 1986 V APR 2 3 1996 BOOK ORDINANCE NO. 86 - 29 Approved and adopted by the Board of County Commissioners of Indian River County, Florida on the 23rd day of Ani 1986. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY: DON C. SCURL C ;.Jr., AIRMAN Acknowledgment by the Department of State of the State of Florida this 5th day of May , 1986. Effective Date: Acknowledgment from. the Department of State received on this 8th day of May , 1986 at 10:00 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. Hos./Com. Node Ord. ROBERT ca O O Ordinance No. 86-29 Appendix "A" 37th ST. Hospital / Commercial Node RM -6 io®®■m®®► Node Boundary \ RS -1 RS -6 RM -8 RuoEuff r k rZ +r� L re•. z£Fi x# r£y b rri,r � r MWE"M : 4 rr nr.4 ss" 3's 3�0�`r 'i''�,ys A z�i3:'�zs�,3�iri`r�M"rz'��''kE/•EYs'.`'x r' s`� .R M —3 �� Y � � K/'•�"£aa'! [ 7 �/ £'£ Sxa� aw£x /'Y Sr'r <� A; /,'�M R S , t T fid' �'• w Y& �X rpp ,4'�. afi-. 'i•4.^/���y�'�.�.c� ir'�i �� aY !/ .. S s' d rl"yr s a 4 .F F .W�' � RCY s/S ; s,Exr, � •� r { sr R yyfi • ; add ��wwr: a4�✓yliwa . � c �'�� �' & � ala n. ✓• /s z`33 a•£fP y t k.;. 4 kr � ;'�P ;w rE '%x aYSP < r? •✓ s4a: / rE. 0 Names k � � Y1 • — - — � �\ t 1 y +• 1 It 1 q • tyy����df t u • �• • ' • • 0J4f �ISEIf' EtT. • • • •\t b - aA• n • • Tr -T T . rTTTi-T'T'r Es u�a�a� l•a l•naato It� � •aa.r ♦Itf1 •• • 10WOO►T! - 1 e 1 A BOOK 64 N.0 256 ORDINANCE NO. 86-29 ATTACHMENT "B" DESCRIPTION OF THE 37TH STREET HOSPITAL/COMMERCIAL NODE BEGINNING AT A POINT 200 FEET EAST OF THE EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #1 ON THE SOUTH RIGHT-OF-WAY LINE OF 37TH STREET RUN SOUTH ALONG THE CITY LIMIT LINE OF THE CITY OF VERO BEACH APPROXIMATELY 1,350 FEET; THENCE RUN EAST APPROXIMATELY 4,850 FEET ALONG A LINE 1,280 FEET SOUTH OF AND PARALLEL TO THE SOUTH RIGHT-OF-WAY LINE OF 37TH STREET; THENCE RUN NORTH APPROXIMATELY 2,000 FEET CROSSING 37TH STREET; THENCE RUN WEST APPROXIMATELY 4,050 FEET ALONG A LINE 605 FEET NORTH OF AND PARALLEL TO THE NORTH RIGHT-OF-WAY LINE OF 37TH STREET; THENCE RUN. NORTH 55 FEET; THENCE RUN WEST 628.19 FEET TO THE EAST RIGHT-OF-WAY LINE OF 17TH AVENUE; THENCE RUN SOUTH APPROXIMATELY 460 FEET ALONG THE EASTERLY RIGHT-OF-WAY LINE OF 17TH AVENUE; THENCE RUN WEST APPROXIMATELY 900 FEET ALONG THE SOUTH RIGHT-OF-WAY LINE OF 37TH PLACE; THENCE RUN SOUTH APPROXIMATELY 200 FEET ALONG THE EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #1 TO THE SOUTH RIGHT-OF-WAY LINE OF 37TH STREET; THENCE RUN EAST 200 FEET TO THE POINT OF BEGINNING. CONTAINING 205 ACRES MORE OR LESS. PROPOSED ORDINANCE TO DENY AUTOMOBILE LICENSE VALIDATION STICKERS TO PERSONS WITH OUTSTANDING PARKING TICKETS The Board reviewed the following memo dated 4/8/86: TO: Indian River County Board DATE: April 8, 1.986 FILE: of County Commissioners SUBJECT: PROPOSED ORDINANCE TO DENY AUTOMOBILE LICENSE VALIDA- TION STICKERS TO PERSONS WITH OUTSTANDING PARKING TICKETS FROM: REFERENCES: Wilson, As stent County Attorney A*ssta The above -referenced subject has been set for your consideration pursuant to a request by the City of Vero Beach. This matter was previously discussed by the Board on December .11, 1985 at which time you instructed Michael Wright to speak with the Tax Collector and the Clerk of the Circuit Court regarding implementation of the proposed ordinance. Mr. Wright will advise the Board of his findings at the April 23rd meeting. Representatives from the City of Vero Beach Will also attend this meeting to express their concerns regarding this ordinance. Terrence O'Brien, attorney for the City of Vero Beach, advised that the City has passed a resolution on this matter and is requesting that the County enact an ordinance under a recent 1985 amendment to the Florida Statutes which would provide that people with 5 or more parking violations cannot be issued an automobile license tag or a revalidation sticker until the tickets have been paid. The City feels that this would be very beneficial to both the City and the County as it would get rid of scofflaws and would improve the parking in the downtown and beach districts by freeing up the parking spots. He urged the County to go forward with this ordinance. Commissioner Lyons liked the idea, but wanted to know what it would cost the County to to this. Administrator Wright reported that Tax Collector Gene Morris has indicated he would have no problem with such an ordinance, 35 BOOK 67 APR 2 3 1986 ��„� A APR 2 3 1996 BOOK 64 r t but County Clerk Freda Wright has said that if the additional workload warranted it, she might need additional personnel. Attorney Vitunac believed there would be a crunch at the beginning as they work through the mass of outstanding parking violations, but pointed out that the law also allows the Clerk to receive a portion of the fines collected. Commissioner Wodtke believed there would be quite a lot of cost involved, and asked how many outstanding unpaid parking tickets there are. Attorney O'Brien believed it is a very substantial amount. He emphasized there is no practical way to make these people pay at present as the State Attorney's Office will not prosecute due to their heavy workload on other matters. Chairman Scurlock felt that if we find that the ordinance does not work, the County can always repeal it. Administrator Wright explained that the City will have to inform the Clerk of the parking violations and the Clerk will in turn inform the Tax Collector. Commissioner Lyons wondered if parking ticket violations come up on a computer when an officer is putting through a license check after stopping someone for speeding, and a deputy sheriff in the audience advised that just the moving violations come up on the computer. Assistant County Attorney James Wilson noted that the County has a parking violation ordinance in the works right now which will include parking violations for parking in road rights- of-way. Commissioner Wodtke asked if any thought was given to not renewing a driver's license if he had five or more outstanding unpaid parking tickets, and Attorney O'Brien stated that the State not only determined that the tickets would be charged to a vehicle tag instead of the driver's license, but determined the number of tickets also. 36 M Chairman Scurlock understood that this will work just like a bank card -- if your name comes up on the computer, you cannot renew your tag until you clear up the outstanding parking tickets. Attorney Vitunac advised that a list of parking violations by name is given to the Tax Collector by the Clerk on a monthly basis, and if a person's name appears on the list after the last update, all they will have to do is show a receipt that they have paid that ticket. Attorney O'Brien advised that the City's ordinance provides for a penalty if the ticket is not paid on time. Chairman Scurlock noted that the proposed ordinance doesnot set up the mechanism for how the program is to be administered, it just establishes the ability to do it. He assumed that the Tax Collector and all the other entities involved would get together and decide on how it is to be administered. Attorney O'Brien confirmed that the Tax Collector and the Clerk of the Court each shall be entitled to receive 100 of the civil penalties and fines received for implementing and administering this sub section of the Florida Statutes. Administrator Wright confirmed that Tax Collector Gene Morris has stated that he would be willing to implement this system. Chairman Scurlock asked if anyone else wished to be heard in this matter. There were none. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Lyons, the Board unanimously authorized staff to prepare an ordinance and advertise it for a Public Hearing. Commissioner Wodtke suggested notifying all the municipalities in the county so that they could attend the public hearing on this ordinance. 37 APR 2 3 1966 BOOK U E 25 J r BOOK 64 F�„f 260 APR 2 3 196 PUBLIC HEARING __ LOCAL _OPTION FEE FOR EQUIPMENT_ TO EXPAND 911 SERVICE The hour of 10:00 o'clock 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 �0+10Z in the matter of Fx022nS, An OP C ( I in the Court, was pub- lished in said newspaper in the issues ofAj2 6 1 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. _ y 9P�� � nn Cwrn to anri eheeriheri hmfnrn mo thie R ri v, of/1” A rl 10 7i 9 t, I! E/ 0, y -' (Business Mani�er)— (Clerk of the Circuit Cobrt, Indian Riyer County, Florida) NOTICE OF PUBLIC HEARING TO CONSIDER ADOPTION OF COUNTY RESOLUTION The Board of County Commissioners of Indian River County. Florida, will conduct a Public Hearing on Wednesday, April 23, 1956 at 10:00 A.M. in the Commisftn Chambers at the County ,I Administration Building. 1840 26ftAtreet, Vero Beach, Florida to opnslder the adoption of .a Ablution entitled.' A RESOLUTION OF. THE* BOARD -OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR IMPOSITION OF LOCAL OPTION FEE FOR NON-RECURRING CHARGES FOR SERVICE OR EQUIPMENT NECES- SARY FOR THE EXPANSION OF "911" SERVICE; PROVIDING FOR COLLEC- TION OF SAID FEE AND PAYMENT OF ADMINISTRATIVE FEE FOR COLLEC- TION; PROVIDING THAT. COUNTY RE- MAIN RESPONSIBLE FOR ALL "911" SERVICE AND EQUIPMENT CHARGES. If any person decides to appeal a decision made on the above matter, a record of the proceedings will be required for such purposes, and he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence on which the appeal is based. Indian River County Board of County Commissioners Don C. Scurlock, Jr:, Chairman Apr. 4, 1986 The Board reviewed the following memo dated 4/16/86: 38 The Honorable Members T�' of the Board of County DATE: April 16, 1986 FILE: Commissioners THRU: Michael Wright County Administrator H. T. "Sonny" 1eqn Director FROM: General Services Authorized Expenditures SUBJECT: for 911 Surcharge REFERENCES: According to Southern Bell Telephone Company, non-recurring charges to move and up -date our 911 system will be approximately $100,000. This does not include any CAD equipment or engineering fees that are allowable under the guidelines set forth by the State. The Florida Department of Communications has defined non-recurring charges as: 1. Updating of 911 equipment 2. Consultant fees or documented specific one-time internal expenses (temporary employees for example) 3. 911 related equipment It is anticipated we will need approximately $250,000 to equip our new communications center, and a majority of this is related to 911. Buildings do not qualify as allowable charges. In checking with Osceola County, the following information was derived 1. Osceola County's population is approximately 80,000 2. They have 32,566 main telephone lines and collected $16,283 for the first month's surcharge. 3. Based on Number 2, their annual revenues would total $195,396 and $293,094 for eighteen (18) months. According to Southern Bell, we have 47,000 main lines in Indian River County, but staff felt that since our population is comparable to Oscoola's, our revenues would be in line with theirs. It is not known exactly what portion of our main lines would qualify for the surcharge, and we wanted to be comparative with our figures. The Division of Communications requires that when sufficient funds are collected the surcharge be terminated with a maximum time allowed of eighteen (18) months. Monies that are collected in..excess of the amount required shall be put in a trust for applications to future system improvements or expansion. W BOOK 64 FAGS 26 1 V APR 2 3 1996 BOOK 64 Fa,c 2 Commissioner Lyons was not aware that this option had passed the State Legislation, and Attorney Vitunac confirmed that it is in the Florida Statutes. Douglas Wright, Director of Emergency Management, presented staff recommendation for approval of this optional fee. Chairman Scurlock wanted to be sure that we don't spend or commit any of the monies until we see what the cash flow is for our county, and Commissioner Lyons wanted to be doubly sure that we spend it on the design of the 911 system in the Sheriff's new building at the Jail complex. He felt we need a design consultant with experience in this specific line that will work with the architect to write the specifications, and these funds would pay that cost. Commissioner Bird asked how these monies would be budgeted, and Administr {z�,r Wr'-,ht ti—, , t!l -oo difficult to work out once we know the amount Indian River County would receive. Chairman Scurlock opened the Public Meeting and asked if anyone wished to be heard in this matter. There were none. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously closed the Public Hearing. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bowman, that the Board adopt Resolution 86-22, providing for the imposition of a local option fee for non-recurring charges for service or equipment necessary for the expansion of "911" service. 40 Under discussion, Attorney Vitunac advised that this fee would go into effect whenever it is convenient for the billing cycle, and Director Wright explained that the telephone company has indicated that they would prefer to notify people in their next billing that the fee will appear in the following month's billing and will continue for an 18 -month period. Commissioner Bowman noted that no enforcement is provided in the proposed resolution and asked if non -payments would go to the Code Enforcement Board. Attorney Vitunac explained that non-payment of this fee would be considered an unpaid phone bill and the phone company would just cut off their phone service. if the phone company is sued, the County would hold the phone company harmless and the County would step in and defend this. Commissioner Lyons noted that the telephone company will receive 1 cent for every dollar collected for this purpose. Commissioner Wodtke suggested that the proposed resolution state that the charge will begin in the June billing cycle. COMMISSIONERS LYONS AND BOWMAN AGREED to have the Motion read that the charge would begin in the phone company's June billing cycle. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. 41 APR 2 3 1986 sou 64 F''c 263 r APR 2 3 1966 BooK 64 F}+ E 264 I RESOLUTION NO. 86-22 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR IMPOSITION OF LOCAL OPTION FEE FOR NON-RECURRING CHARGES FOR SERVICE OR EQUIPMENT NECESSARY FOR THE EXPANSION OF "911" SERVICE; PROVIDING FOR COLLECTION OF SAID FEE AND PAYMENT OF ADMINISTRATIVE FEE FOR COLLECTION; PROVIDING THAT COUNTY REMAIN RESPONSIBLE FOR ALL "911" SERVICE AND EQUIPMENT CHARGES. WHEREAS, in 1980, Indian River County established within its boundaries an Emergency "911" telephone service; and WHEREAS, the Florida Statute Section 365.171(13) provides that a County may impose and collect a fee for non-recurring charges for the establishment and expansion of "911" service and equipment, to be paid by the local exchange subscribers on an individual exchange line basis, at a rate not to exceed fifty cents (501) per month per line, up to a maximum of 25 exchange lines, for a period not to exceed eighteen (18) months; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA as follows: SECTION 1 STATEMENT OF INTENT The establishment and expansion of the existing 11911" system in Indian River County, Florida is declared to be a public purpose and for the benefit of the citizens of Indian River County, as well as for visitors to the County. LOCAL OPTION FEE ESTABLISHED A. There is hereby imposed a Local Option Fee for non-recurring charges for the expansion of "911" service, including any equipment which may be necessary, in the amount of fifty cents (50t) per month per exchange line, up to a maximum of 25 exchange lines, to be paid by local exchange subscribers in Indian River County, Florida, for a period of eighteen (18) consecutive months, beginning June 1, 1986 -1- (b) Southern Bell Telephone & Telegraph Company, hereinafter referred to as "Telephone Company," is hereby requested to collect the fee imposed herein from its subscribers in Indian River County, Florida, the County paying to said Telephone Company an administrative fee equal to one percent (1%) of the fees collected by the Telephone Company. Said administrative fee shall be first deducted by the Telephone Company from the fees collected and the remainder of said fees collected shall be remitted to Indian River County or retained by the Telephone Company and applied on the cost of said "911" service and equipment. In either event, the Telephone Company shall supply Indian River County a monthly statement of fees collected. The Telephone Company shall have no obligation to take legal action to enforce collection of this fee. (c) Indian River County shall indemnify the Telephone Company against liability in accordance with the Telephone Company's lawfully filed tariffs. (d) Indian River County shall remain responsible to the Telephone Company for all "911" service and equipment charges. The foregoing resolution was offered by Commissioner Lyons who moved its adoption. The motion was seconded by Commissioner Bowman and, upon 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 Margaret C. Bowman Aye Commissioner William C. Wodtke, Jr. Aye The Chairman thereupon declared Resolution No. 86-22 hereby passed and adopted this 23rd day of April , 1986. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By / G _114,e Z"A DON C. SCURLOCK, JR., Chairman 1 . Attest: FREDA WRIGHT,,' lerk FORM AND CY: -2- ES P. WILSON, Asssistant ounty Attorney APR 2 3 1 1966 BOOK 64 FAGE 265 INDEMNITY AGREEMENT BOOK 64 FA'vE 2 6 6 WHEREAS, upon authority of Section 365.171, Florida Statutes, as amended, Indian River County, a political subdivision of the State of Florida, hereinafter referred to as "County," has adopted Resolution No. 86-22 imposing a "911" local option fee and directing Southern Bell Telephone and Telegraph Company to include -the "911" fee on its regular billing for telephone service; and WHEREAS, Southern Bell Telephone and Telegraph Company, a Georgia corporation doing business in Indian River County, hereinafter referred to as "Company," is uncertain as to its authority to impose the "911" fee in the manner directed by Resolution No. 86-22 and has therefore requested Indian River County to indemnify it against liability arising out of the imposition, billing, collection or remittance of said fee. NOW, THEREFORE, in consideration for the Company's agreement to commence billing the "911" fee in accordance with Resolution No. 86-22 on April 23. , 1986, or as soon thereafter as practicable, the County agrees to indemnify, defend and hold harmless the Company from any and all loss, claims, demands, suits or other action whether suffered, made, instituted or asserted by a subscriber of the Company or by any other party or person, arising out of the imposition, billing, collection or remittance of the "911" fee, including but not limited to, any and all loss, claims, demands, suits or other actions or any liability whatsoever caused or claimed to have been caused by the negligence or other wrongful act of the Company, its employees or agents in complying with Resolution No. 86-22. The County further agrees that nothing contained herein shall operate or be construed to relieve it of its obligation to indemnify the Company in accordance with the Company's lawfully filed tariffs. LE oun Dated this 23rd day of April 1986. TO FARM AND . WTLS01T7-A-9`s1stan Attorney BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: G z4 DON C. SC LOCK, JR., airman Attest By: FREDA WRIGHT, erk kr] 44 TREE REMOVAL/LAND CLEARING VIOLATION-.- RON MITCHELL Staff Planner Roland DeBlois reviewed the following memo dated 4/10/86: ro: The Honorable Members DATE: April 10, 1986 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: TREE REMOVAL/LAND CLEARING 1 -71 SUBJECT: VIOLATION: RON MITCHELL Robert M. Kea i g, Cp Planning & Develop nt Director THROUGH: Art Challacombe Chief, Environmental Planning FROM: Roland M. DeBlois REFERENCES: visa Corp. Staff Planner gyp DIS:ROLAND It is requested that the data presented herein' be given formal consideration by the Board of County Commissioners at their regular meeting on April 23, 1986. DESCRIPTION & CONDITIONS: On April 2, 1986, County personnel observed that parcel numbers 13-33-39-00013-0000-00021.0, 00022.0, and 00027.0, having a legal description of: Lots 21, 22, and 27, Colonial Heights Subdivision, according to the plat recorded in Plat Book 10, Page 97 of the Public Records of Indian River County, Florida, had been cleared and three protected Scrub Hickory trees had been removed prior to the issuance of tree removal and land - clearing permits. The property is currently owned by Visa Corporation, represent- ed by Mr. Ron Mitchell. ALTERNATIVES & ANALYSIS: Section 231-6(a) and (b), Tree Protection, of the Code of Laws and Ordinances of Indian River County, Florida prohibits the performance of any tree removal, landclearing or grubbing unless tree removal and landclearing permits have first been issued by the County. The ordinance further specifies that a violation shall be punishable upon conviction by a fine not to exceed five hundred dollars ($500) per tree and land clearing activity or by imprisonment in the County jail for up to sixty (60) days, or both. On April 3, 1986 and April 9, 1986, respectively, staff request- ed that Mr. Mitchell submit a voluntary payment of $2,000.00 and obtain "after -the -fact" permits. Mr. Mitchell indicated that he felt the fine was excessive and that he would not voluntarily comply with staff's request. STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners grant staff the authority to pursue available remedies in County court. APR 2 3 1986 45 BOOK 4 PA,E 26 7 APR 2 3 1996 BOOK 6 4 F,�F 2S Art Challacombe, Chief of Environmental Planning, explained that if application for a permit had been made before the trees were removed, staff actually would have authorized removal of all those trees, even the 3 protected hickory trees which were in the buildable area of the lot. He admitted that there are some mitigating circumstances in this particular case. Mr. Mitchell already has paid $80, which is twice the normal amount charged for a tree clearing permit, but staff wishes him to pay an additional $100 for removing the three protected hickory trees. Commissioner Bowman asked why we don't automatically charge more for an after -the -fact permit, and Chairman Scurlock suggested writing it into the ordinance that if they come in for a permit after the fact that it is going to cost them 3 times the normal amount. Mr. Challacombe stated that during the workshop on the Tree Protection Ordinance last week, there were some gray areas defined that we could make clearer. Commissioner Bird understood that Mr. Mitchell has agreed to the pay the additional $100 which would be for 3 protected trees that were removed, and that $100 is in addition to the $80 for the after -the -fact permit. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Wodtke, that the Board accept the voluntary payment of $100 by Ron Mitchell. Commissioner Bowman felt that we are getting very soft with these tree clearing violations and that the word is getting around that the Board will let them off easy if they come in with a good excuse. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried by a vote of 4-1, Commissioner Bowman dissenting. 46 Chairman Scurlock requested staff to go back and write into the ordinance that the cost of after -the -fact permits will be tripled and it will be enforced. This will avoid having the Board review all cases where trees were removed that would have been okay to remove if permits had been obtained before the fact. However, the cases where people are in violation of removing protected trees would still have to come before this Board. Administrator Wright advised that staff will put those procedures in writing and bring them back to the Board. PUBLIC HEAR I NG - RATE INCREASE FOR SOLID WASTE FRANCH I SEE HAULERS The hour of 10:30 o'clock A.M. having passed, the Deputy Clerk read the following Notices with Proof of Publication attached, to wit: VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a / l�i��& in the matter of6:��412 �`i;G in the Court, was pub- lished in said newspaper in the issues of INDIAN RIVER COUNTY, FLORIDA a .NOTICE OF PUBLIC HEARING OF RATE INCREASE FOR SOLID WASTE FRANCHISE HAULER RURAL SANITATION, INC. Notice Is hereby given that the Board of County . Commissioners of Indian River County, will hold a public hearing In the Commission Chambers, Indian River County Administration Building, 1840 25th Street, Vero Beach, Florida on Wednesday, the 23rd of April, 1986 at 10:30 AM to consider a rate Increase which will pass through increased dumping charges of the County at its landfill on behalf of the franchise holder RURAL SANITATION, INC. The proposed pass through amounts to a $0.90 per month per residential unit Increase. Current Charge S 5.25 Pickup Service 1.75 Disposal $ 7.00 Total Charge Proposed Charge $ 5.25 pickup Service 2.65 Disposal $ 7.90 Total Charge All Interested parties may be heard. Dated the 10th day of April, 198S. 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 Affiant further says that the said Vero Beach Press -Journal is a newspaper published at evidence upon which the appeal will be based Vero Beach, in said Indian River County, and that the said newspaper has heretofore Board of Indian River County Commissioners been continuously published in said Indian River County, Florida, weekly and has been entered Indian River County, Florida as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida Charmar�RLOCK,JR. for a period of one year next preceeding the first publication of the attached copy of adver- Apr. 12,14,16, 1986 tiserrent; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before jAe this day of A.D. - I • r' C. �{Bu Hess Managgr> 47 APR 2 3 1986 BOOK 64 u"ar269 err V X VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being in fhe matter of in the Court, was pub- lished in said newspaper in the issues of If Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor -,". sed anv person, firm or corporation any discount, rebate, commission or refund for the purp-;e _ :n this adver- tisement for publication in the said newspaper. Sworn to and subscribed before this day of A.D. (Business Managers BOOK 64 Fr1Gc 270 INDIAN RIVER COUNTY, FLORIDA . NOTICE OF PUBLIC HEARING OF RATE INCREASE FOR SOLID WASTE FRANCHISE HAULER HARRIS SANITATION, INC.- Notice NC.Notice Is hereby given that the Board of County Commissioners of Indian River County, will hold a public hearing in the Commission Chambers, Indian River County Administration Building, ;1840 25th Street, Vero Beach, Florida on Wed- nesday, the 23rd of April, 1986 at 10:30 AM to consider a rate increase which will pass through increased dumpingcharges of the County at Its landfill on behalf of the franchise holder HARRIS SANITATION, INC. The proposed pass through amounts to a $0.90 per month per residential unit increase. . Curren Charge $ 6.25 Pickup Service 1.75 !. Disposal $ 7,00 Total Charge Proposed Charge $ 5.25 PickupService isposal $ 7.90 Se 2.90 Total Charge _ All interested parties may be heard. Dated the 10th day of April, 1986. 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. Board of Indian River County Commissioners Indian River County, Florida DON C. SCURLOCK. JR. Chairman Apr.12,14,15, 1988 The. -Board reviewed the following memo dated 4/14/86: TO: BOARD OF COUNTY COMMISSIONERS DATE: APRIL 14, 1986 THRU: TERRANCE G. PINTel DIRECTOR, UTILITY S RVICES Q2 FROM: [ JEFFREY K. BARTON, ASSISTANT DIRECTOR, UTILITY SERVICES SUBJECT: RATE INCREASE FOR SOLID WASTE FRANCHISE HAULERS DESCRIPTION AND CONDITIONS In 1977)when the County landfill started, the County Commissioners passed Resolution 77-123 imposing dumping charges of $9.00/ton on household garbage. At that time the engineering firm advised the commissioner that the franchise hauler should receive an increase in rates on residential pickup to pay the dumping charges at the landfill. That increase was $1.75/month for residential pickup., On April 9, 1986 the County Commission passed Resolution 86-15 imposing new rates for the landfill, the first since it opened, and the franchise haulers have requested that the increase be passed through to their customers. (New Rate is $13.50/ton) 48 RECOMMENDATION Staff recommends that the pro rata share of the increase be $0.90/month for residential customers. The following breakdown may better explain the total proposed rate for dumping charge as part of the franchise hauler's monthly bill. $1.75 per month $0.�-0 per month $2.00 per month x12 months $32.40 annual charge Original Dumping Charge Proposed Increase TOTAL 32.40 4- 13.50 per ton = 2.4 tons of garbage per year per residential unit (4800 pounds) 4800 pounds --104 pickups per year = 46.15 pounds per pickup _ The original report from the engineer's stated that the average household has 50 pounds of garbage per pickup. Jeff Barton, Assistant Director of Utilities, presented staff's recommendation for the Board to consider allowing Harris Sanitation and Rural Sanitation to pass through to- their customers their increased cost of dumping at the County Landfill, which essentially amounts to 90� a month increase per customer. Chairman Scurlock opened the Public Hearing and asked if anyone wished to be heard in this matter. Clark Scott, 3.033.Golf. View Drive, a customer of Rural Sanitation, asked when this increase would be effective because he remembered that when the recent cable increase went through, they backcharged the customers. He pointed out that Rural bills their customers for 3 months in advance. Chairman Scurlock personally felt that since we are charging the $13.50 increase to the haulers right now, they should be able to start recovering their increased costs. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously closed the Public Hearing. 49 BOOK 64Fa;r 271 APR 2 3 1986 V ra*01 Book 64 PA -UE 272 MOTION WAS MADE by Commissioner Wodtke, SECONDED by Commissioner Bird, that the Board adopt Resolution 86-23, authorizing a pass-through rate increase for Rural Sanitation Service and Harris Sanitation, Inc. of- 90� per month as a result of County -imposed increased landfill dumping fees, effective as of April 15, 1986. Under discussion, Robert Jackson, attorney representing Rural Sanitation, reminded the Board that at a previous meeting they had determined that the effective date for the haulers' pass-through charges would concur with that for the landfill increased rates to the haulers. He advised that Rural Sanitation bills in advance for April, '^ -- Attorney Vitunac stressed that in theory people should have the choice of quitting the service if they do not wish to pay the increase, and if the Board granted a retroactive date, the customers would not have that choice. Utilities Director Terry Pinto stated that his recommendation is for the increased rates to be effective as of today. COMMISSIONERS WODTKE AND BIRD agreed to change the Motion to read that the increase will become effective April 23, 1986, instead of April 15, 1986. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. 50 r RESOLUTION NO. 86-23 4/24/86(EG(Vk) A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING A RATE INCREASE FOR RURUAL SANITATION SERVICE AND HARRIS SANITATION, INC. OF 90f PER MONTH AS A RESULT OF COUNTY -IMPOSED INCREASED LANDFILL DUMPING FEES. WHEREAS, both Rural Sanitation Service and Harris Sanitation, Inc. are franchisees under franchise given by the Board of County Commissioners to collect and haul garbage and trash to the County dump sites; and WHEREAS, effective April 15, 1986, the County increased the dumpage fees at the County landfill site; and WHEREAS, as a result, both Rural Sanitation Service and Harris Sanitation, Inc. have requested a rate increase of 90t per month for the typical customer to reimburse them for their increased dumping fees; and WHEREAS, as a result 'of a duly ' noticed public hearing held on April 23, 1986, at 10:30 A.M. , the Board of County Commissioners approved this rate increase; NOW, THEREFORE, BE IT RESOLVED by Indian River County, throu-gh its Board of County Commissioners, that effective April 23, 1986, both. Rural Sanitation Service and Harris Sanitation, Inc. are authorized to increase their rates by 90� per month per residential customer so that the original dumping charge will be increased as follows: $1.75 - Original Dumping Charge .90 - Increase 2.65 - TOTAL The foregoing resolution was offered by Commissioner Wodtke and seconded by Commissioner Bird, 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 ow APR 2 3 if BOOK 64 F1uc 2p73 APR 2 3 1966 BOOK 64 F-a,F 274 The Chairman thereupon declared Resolution No. 86-23 duly passed and adopted this 23rd day of April, 1986. Attest: Fr r3g4j Cler Approved as to form and le al sufficiency_:, Charles P. Vitunac County Attorney Appr ed for Utility m,�tters T'errance G. Pinto, Director Div. of Utility Services BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By G Don -'C'. Scui-Ibbk, Jr. Chairman J,e�y B-zx-L on Assistant Di'�Octor Div. of Util. Services VICTIM ASSISTANCE PROGRAM The Board reviewed the following memo dated 4/11/86: TO: The Honorable Members DATE: April 11, 1986 FILE: of the Board of County Commissioners SUBJECT: Vicz:im Assistance Grants H. T. "So ' Dean FROM: GeneralrSer ices REFERENCES: The Bureau of Crimes Compensation for the State of Florida is trying to ascertain whether or not the County is interested in assisting them by coordinating with them the administration of the subject program in Indian River County. There is a lot of work involved in this program and we do not have anyone on staff that is qualified to perform these services. State Attorney Bruce Colton is requesting all counties in the Nineteenth Circuit combine their efforts, and requested one agency to handle the program. He is checking with Indian River Community College to see if they will accept the task. Mr. Colton has also requested that each County Commission in the Circuit write the Bureau of Crimes Compensation and advocate this procedure if it is possible. It is Staff's feeling that if grant money is available, and a qualified person is employed to apply and administer the program, it would be a benefit to victims of crimes in our area. One of the pit- falls would be for us to get the program in operation and them have no grant monies available in the following years. The State Attorney and his staff will appear before the Board of County Commissioners on April 23rd to explain his efforts and the program in depth. Harriette Rowe, Director of the Sexual Assault Program in the State Attorney's Office, understood that Indian River County is being asked to advertise that this money is available on a local level, distribute and receive the forms for the grant applications, and make a determination on a local level of who is to receive the monies. Basically, the State is asking that the County accept that responsibility, but because of the close workings of the four counties in the 19th Judicial. Circuit, it might be advantageous to go together and offer to implement this assistance program. She noted that the monies could be used to fund more than just one program. 53 APR 2 3 1986 BOOK 6 1) 2 75 r-APR23 1986 BOOK 64 PnUrL 2 76 Chairman Scurlock asked how much cost would be involved for Indian River County, and Ms. Rowe explained that the cost infrastructure is very complicated which is the main reason why only the larger counties are participating. Some of the smaller,'' counties have indicated that they would not be interested in doing this unless they could combine efforts with neighboring small counties. Commissioner Bird asked if Indian River Community College could be the agency to handle the program, and Ms. Rowe stated that the community college indicated that they do not have the administrative personnel to handle it. Ms. Rowe was concerned that we may lose the Federal money available for this type of program if no one is willing to take the local level responsibility for administering it. However, the State assured her just yesterday that we would not lose it. They would just have to find someone to do it and possibly Tallahassee would have to do it themselves out of a department there. Chairman Scurlock was concerned that once we implement the program, the Federal government may wave goodbye and we would be left with the burden of funding and continuing the program. Personally, he felt that before he made a decision on this matter, he would like to know just how much money we are going to receive, how it is going to be spent, how much it is going to cost the county and how long the program is going to last. Ms. Rowe explained that she had asked how much each county would receive, but the State advised that they don't really know yet because the figures might change. They do feel it would take a substantial amount of administration and it should be the county's decision on who is going to handle it on the local level. Ms. Rowe stressed that State Attorney Colton's interest is that when the State finds some way to get the money to the local level, Indian River County should be on record that they 54 r r are interested in applying for the grant monies so we can expand our assistance programs to victims. Chairman Scurlock asked Ms. Rowe what action is needed today, and Ms. Rowe felt the County needs to decide whether we are going to say.no to the program completely or whether we plan on working together with the other 3 counties in the 19th Judicial Circuit on the administration of the program. Commissioner Bowman asked exactly how the monies would be allocated to victims and who goes to bat for them regarding the amount of compensation awarded. Ms. Rowe understood that out of the $1.5 million allocated to the State of Florida, 5.0% goes into the compensation fund and victims apply to that fund for reimbursement of medical costs, etc. The other 50% goes to fund victims' service programs on a local level. We do not know how much Indian River County will receive of that $1.5 million. Chairman Scurlock still felt the information available was too vague, and Ms. Rowe pointed out that the County already funds the local victims' assistance program and those monies will be used for matching funds in applying for this grant. She emphasized that she was not asking for money today, she was asking that the County indicate their willingness to accept the responsibility of determining who would handle the administration on a local level. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously indicated that Indian River County would be interested'in working together with the 3 other counties in the 19th Judicial Circuit in accepting responsibility of determining what local group would handle this proposed program. Reverend Julius Rice wished to speak on this subject since this is National Victims Rights Week. He stressed the anquish a 55 APR 2.3 1996 BOOK Fr�11277 APR 2 3 1986 ! 8 -7 BOOK FAGE� family endures after a tragic loss or injury to a loved one, having lost a son in a shooting approximately 3 years ago. He advised that while the Sheriff's Department has a volunteer chaplain who helps out in these cases, he felt that we need to develop an organized system that comes to the assistance of the victims and their families and offered his help in doing that. AUTHORIZATION_ TO PURCHASE 12TH STREET RIGHT-OF-WAY, INDIAN RIVER BOULEVARD SOUTHERLY EXTENSION Commissioner Bird announced that he had filed a conflict of interest in this matter as he is a property owner in Tropic Villas North. He left the room during the discussion of this matter. The Board reviewed the i --mo dated 4/14/86: TO: THE HONORABLE MEMBERS OF THE DATE: FILE: BOARD OF COUNTY COMMISSIONERS April 14, 1986 THROUGH: MICHAEL WRIGHT, COUNTY ADMINISTRATOR JAMES W. DAVIS, P.E. ) PUBLIC WORKS DIRECTOR SUBJECT: 12TH STREET RIGHT OF WAY INDIAN RIVER BOULEVARD PROJECT FROM: mom, G.FIM: PSRA 4 REFERENCES: RIGHT OF WAY AGENT n'PCr`PTDMTnhT The Tropic Villas North Homeowners Association, Inc. will not donate the property requested nor will they accept an offer of $4.00 per square foot for the 25' x 25' triangular property (313 sguare feet) which equates to $1,252.00. The attached letter indicates that they will settle for $5.00 per square foot or $1,565.00 which is $313.00 more than our offer but is still less than adding the cost of an appraisal. In addition they are requesting we relocate 12 cabbage palm°trees which are in the path of the 6th Avenue improvements. Tropic Villas North will still need the approval of 88 of the 116 property owners before ownership can be transferred to the county. RECOMMENDATION & FUNDING Staff requests authorization to purchase the 313 square foot property at $5.00 per square foot = $1,565.00 and include the relocation of the 12 cabbage palm trees as part of the Boulevard project. Indian River Boulevard project #304-214-541-66.12 56 r MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Wodtke, that the Board authorize the purchase of 313 square feet of property for 12th Street right-of-way in the amount of $1,565 from the Tropic Villas North Homeowners Association, Inc. and agree to the relocation of 1.2 cabbage palm trees as part of the Boulevard project, as recommended by staff. Under discussion, Chairman Scurlock felt that $5.00 a square foot should be our best and final offer, and if that offer is not accepted, then it would be his recommendation that we move on with an appraisal, etc., and Commissioner Wodtke suggested putting a time limit on our offer. Public Works Director Jim Davis explained that since we need approval of 88 of the 116 property owners in the Tropic Villas North Homeowners Association, he was not sure staff could expedite the approval especially at this time of year when so many residents have gone north for the summer. Administrator Wright stated that if Tropic Villas does not accept this offer within one month's time, staff will bring this back to the Board. Chairman Scurlock noted that there is always the ability to do a quick taking action if it gets in the way of construction; however, that would require an appraisal. r THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried by a vote of 4-0, Commissioner Bird being out of the room. REQUEST FOR CERTIFICATE_ OF NEED FOR SEBASTIAN VOLUNTEER AMBULANCE SQUAD The Board reviewed the following letter dated 4/15/86: 57 APR 2 3 1986 BOOK 64 PAGE 279 r- -I APR 2 3 1986 BOOK FAUL. 280 Future Sebastian Volunteer Ambulance Squad 1111 Main Street P. 0. Box 189 Sebastian, Florida 32958 Joy Snell, Spokesperson Indian River County Commissioners Administrative Building 1840 Twenty Fifth Street Vero Beach, Florida 32960 Dear Commissioners: You will be receiving a letter from the City of Sebastian, stating the Mayor and the City Council are in favor of the Sebastian Division of Indian River County Volunteer Ambulance Squad, Inc. becoming an entity of its own. For the past three months, Sebastian Division has been covered for 24 hours a day, in fact, we have made some ambulance runs for the Vero Beach Division. The Sebastian Division now has eighty one members, with more signing daily. We have always, done our oven training, and will continue to do so in the future. We are now requesting a Certificate of Need for the North County area. The North County Area being, Brevard County line on the North, following the Indian River South to Hobart Road, West to SR 512 where it intersects with SR 510. (This will include the following areas, Roseland, incorporated* City of Sebastian, Orchid Island on the East side of the Indian River, Hobart Landings, homes and business along Hobart Road including Hobart Park and homes and businesses on 505.continuing along 510 where 510 connects with 512, all homes, schools and businesses East.) Please have our name added to the Commission Meeting Adjenda, and feel free to contact me at any on the above. Also please let me know time and date of the Commission Meeting so I can attend. ,--) Sincerely, ,,./Joy Snell /js Telephone Number: 589-3084 or 389-3087 4/15/86 Joy Snell called to tell us that C the Sebastian Volunteer Ambulance Squad is now incorporated, and she is the President of *the Board. She requested a Certificate of Need at the earliest possible date so they can get their application in to the State. Alico 58 M M M Steven Lulich, attorney for the Sebastian Volunteer Ambulance Squad explained that they need the Certificate of Need from the County before they can receive their license from the. State. Attorney Vitunac advised that the County's main inquiry should be into the scope of the territory to be served to make sure there are no gaps in coverage, and also whether it is necessary and convenient to us to have a separate ambulance organization in that area instead of keeping the one we have already. It is not the province of the County to question the adequacy of manning, equipment, insurance, etc., but the Board can question whether the applicant has the wherewithal to furnish the service. Administrator Wright was confused about whether Orchid Island was included in the proposed service area, and Chairman Scurlock advised that Orchid Island is currently being serviced by Indian River Shores, which is under contract for rescue and fire service from the South County Fire District. Commissioner Lyons explained that some of the areas that Sebastian is requesting to service are already covered by existing services. He recommended that we specifically limit their coverage to ESNs (sectors) 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 15, 17, 19, 21, 22, 23, 24, 25, 29, 31, 35, and 114. These boundaries would cover the north county area from the Brevard County line following the Indian River south to Hobart Road, west to 82nd Avenue, north to the intersection of CR -510 and CR -512 and continuing north to the Brevard County line, which would make the service area consistent with the existing sectors. Commissioner Lyons noted that this coverage is a little different than stated in the above letter, but it would avoid overlapping coverage in Indian River Shores and Fellsmere. Commissioner Lyons just wanted the Sebastian Squad to be aware of what they were faced with in getting their license from the State and wanted to be sure that this area would be covered 59 APR 2 3 1986 BOOK 64 F,�,F 281 APR 2 3 1986� BOOK 6 4 FA;F. 2S until such time as they receive their license. He knew that Sebastian has had trouble in the past in recruiting enough EMTs to go around and stressed that funding and liability insurance are other major concerns. Attorney Louis B. Vocelle, Jr., President of the Indian River County Volunteer Ambulance Squad, felt equipment and staffing should be considered in making this decision on whether to issue a certificate of need. He was concerned that should the system break down in say 3 months or so and Sebastian would wish to rejoin the Indian River County Ambulance Squad and then break away again and again, it would pose a real problem. The IRC Squad is prepared to talk with Sebastian about donating a building back to them and giving them two fully equipped ambulances. He was also concerned about the boundaries and felt that the defining line should be CR -510 rather than south of that at Hobart Road. He wished the Sebastian Volunteer Ambulance Squad every success in the future and hoped that they have the necessary manpower and the commitment to service the north county year after year. Joy Snell, President of the Board of the Sebastian Volunteer Ambulance Squad, Inc., emphasized that the Squad has been manned by Sebastian people only for over the last six months. They have one station open and they have not had to call the Indian River County Ambulance Squad for assistance as yet. Commissioner Lyons stated that while he was perfectly willing to vote for the issuance of the Certificate of Need, he was simply raising the question that the Squad knows what they are up against and wanted to be sure that we don't have any lapses in our coverage of the county. He felt both this Commission and Sebastian City Council owe the Indian River County Ambulance Squad a real vote of thanks because they came to the rescue of Sebastian when they were having real troubles, and we should be sure they get the credit that is due them because they worked very hard. 60 M M MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bowman, that the Board issue a Certificate of Need to the Sebastian Volunteer Ambulance Squad with the understanding that the primary coverage area is as outlined earlier in this discussion by Commissioner Lyons, and that they will remain a part of the Indian River County Volunteer Ambulance Squad's primary coverage until such time as the State issues their license. Under discussion, Commissioner Wodtke asked which hospital a patient would be taken to if an accident or illness occurred in Wabasso, and Ms. Snell advised that when the Squad goes into Wabasso, it is up to the individual to say which hospital they prefer since Wabasso is approximately the same distance from Indian River Memorial Hospital in Vero Beach as the Humana Hospital in Roseland. She stated that indigents are taken to Indian River Memorial Hospital because Humana Hospital is a private hospital. Commissioner Bowman wanted to be sure that the Sebastian Squad understood that some of the areas outlined in their letter were not included in the service area. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. 61 APR 2 3 1986 BOOK 64 Fn1j-c 283 I� EMERGENCY MEDICAL SERVICES CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY WHEREAS, the Sebastian Volunteer Ambutance Service p&o vcdea quaWy emergency m amtitea to the EMzen6 o Indian River County; and, WHEREAS, there has been demonat&ated that the&e.ca a need io& thia ambutanee aenvice I., to operate in this county to p&ov de ea.aentW aenvices to the citizens o6 this and, WHEREAS, the above ambu?ance service has indicated that it wZU eompty with a t the &equZtementa o6 the Eme&g ency Med teat SeAv i cea Act o6 1973, the BoaAd o6 County ,j Comm.i.63.ioneu of Indian River County hereby izzuea a Ce1Lttgcate of pubtic Convenience and ece.& y am a company 6oh the yea& 1986 N In .i aau ing thin een t jica to it i,6 under stood that the above named ambutance A env i ce ,�\ ! wiU meet the &equixementa of State Legia.eation and provide emergency 6eAvicea on a twenty-6ou& hour basiA Jon the Jo.P.CowbV areata): alllni �.t North County•Brevard County line following the Indian st to 82nd Avenue (CR609) I intersection . 512 continuing North to the Brevard County line. This area wi-4-J be con St th existing _Sectors.Approved: April 23, 1986if. N -- "/�_,—�t.. "K" v U2 0 0 r, APPOINTMENT OF 911 COORDINATOR The Board reviewed the following memo dated 4/22/86: TO: Board of county Comnissioners DATE: 4-22-86 FILE: Michael Wright Co y Administrator THRU:T. "Sonny" Dean irector, General Services SUBJECT: Appointment of 911 Coordinator FROM: Doug Wriait REFERENCES: Director,Emergency Management In an effort to centralize and coordinate changes or revisions of the E911 maps being requested by various individuals or agencies, it would appear that a Coordinator should be appointed by the Board of County Commissioners to eliminate some of the confusion. Currently, changes occur without adequate coordination with agencies having a Public Safety Answering Point (PSAP). Also ESN sectors are being changed on the map and in the telephone company data base through a fragmented process. The appointment of an individual to coordinate changes to the E911 Map and data base is an important issue inasmuch as some degree of liability exist when these changes occur which may adversely affect our E911 system. Commissioner Lyons felt we not only have to exercise very firm control on the boundaries of the sectors on the 911 map, but also on whose name comes up on the display as to the provider of emergency service. He noted that here has been a little bit of informality in these matters which could result in getting us in trouble with respect to dispatching, etc. V ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously decided that there be no changes in the 911 sectors or any changes in the list of providers of emergency service in each sector unless specifically approved by the Director of Emergency Management. 63 APR 2 3 1986 BOOK 64 Fac 285 APR 2 3 1986 BOOK 6 Nr'F- 2'86 Commissioner Lyons requested that a copy of this Motion be sent to all the department heads in the County. SOUTH COUNTY FIRE DISTRICT The Board of County Commissioners recessed at 11:30 o'clock A.M. in order that the District Board of the South County Fire District might convene. Those Minutes are being prepared separately. The Board of County Commissioners reconvened at 11:40 o'clock A.M. with the same members present. REPORT ON PROPOSED STATE LEGISLATION Assistant Attorney Bruce Barlett gave n hr -f report on his recent trip to Tallahassee on the status of proposed legislation on court reform, especially joint and several liability. There being no further business, the Board on Motion duly made and seconded adjourned at 11:55 o'clock A.M. ATTEST: Clerk Chairman 64 ma I