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
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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
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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
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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
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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
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