HomeMy WebLinkAbout9/9/1986Tuesday, September 9, 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 Tuesday,
September 9, 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 L. S. "Tommy" Thomas, Acting County Administrator;
Charles P. Vitunac, Attorney to the Board of County
Commissioners; Joseph Baird OMB Director; and Virginia
Hargreaves, Deputy Clerk.
The Chairman called the meeting to order, and County
Attorney Vitunac led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Scurlock requested the addition of an item- re
selection of the architect for the design of Golden Sands Beach
Recreation Area under the Administrator's matters, and also under
the Administration's matters, the addition of an item authorizing
the OMB Director to do the necessary budget amendments to balance
for the 1985/86 fiscal year.
Commissioner Bird wished the addition of a discussion on the
Board's policy in regard to naming buildings.
ON MOTION by Commissioner Lyons, SECONDED by Com-
missioner Wodtke, the Board unanimously added the
above described items to today's agenda.
SE a �� BOOK F",G(_ 62-
CONSENT AGENDA
A. Appointment_of Deputy Sheriff
Booz 65 6
ON MOTION by Commissioner Bird, SECONDED by Com-
missioner Lyons, the Board unanimously approved
the appointment by Sheriff Dobeck of Lawrence F.
McCullough, Jr., as Deputy Sheriff and authorized
the signature of the Chairman.
B. Admission to A. G. Holley Hospital
ON MOTION by Commissioner Bird, SECONDED by Com-
missioner Lyons, the Board unanimously granted
retroactive approval of the admission of Betty Ann
Harris to A. G. Holley State Hospital and authorized
the signature of the Chairman.
C. Budget Amendment - FP&L Contract (Emergency Management)
The Board reviewed memo from Doug Wright, Director of
= Emergency Management, as follows:
TO: Indian River County DATE: September 1, 1986 FILE:
Board of County Commissioners
THRU: H.T. "Sonny" Dea
Director, Gener S rvices
SUBJECT: Budget Amendment to FP&L
Contract (Line Item Transfer)
FROM: Doug Wright REFERENCES: Modification #1 to
Director, Emergency Management 86EM-52-10-40-10-006
The Florida Division of Emergency Management has approved my
request of July 23, 1886, to modify by line item transfer
$354.00 from the training account to the exercise account.
This occurred as a result of Indian River County actively
participating in both a practice Nuclear Power Plant exercise
and an actual drill in which the exercise account was exceeded
by $353.53..
This does not change the total amount of $23,534 prior approved
by the Board in the 1986 Radiological Emergency Preparedness
Agreement with FP&L.
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ON MOTION by Commissioner Bird, SECONDED by Com-
missioner Lyons, the Board unanimously approved
the Line item transfer of $354 in the 1986 Radio-
logical Emergency Preparedness Agreement with
FP&L as described above.
D. DER/DNR Permit Applications (Henery Clarke)
The Board reviewed memo from the Chief of Environmental
Planning:
TO: The. Honorable Members DATE: August 27, 1986 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE: D.E.R., ARMY CORPS AND
D.N.R. PERMIT APPLICA-
' SUBJECT: TIONS
Robert M. Keati g, CP
Planning & Develop ent Director
FROM:Art Challacombe REFERENCES: DER
Chief, Environmental Planning DIS:ARTCHA
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of September 9, 1986. _
DEPARTMENT OF ENVIRONMENTAL REGULATION APPLICATION
FILE NO. 31-124043-4
- Applicant: Mr. Henery Clarke, 1835 20th Street, Vero
Beach, Florida, 32960.
i
- Waterway & Location: The project is located in the Indian
River in John's Island, adjacent to Lots 5 & 6, Section 13,
Township 32 South, Range 39 East, Indian River County,
Florida. The upland property associated with the project
is located in the Town of Indian River Shores.
- Work & Purpose: The applicant proposes to construct a
private single 4' x 56' dock with a 36' x 6' observation
deck for a total of 440 square feet. No sewage pump -out or
fueling facilities are proposed. No dredging or filling
will be performed.
ALTERNATIVES & ANALYSIS:
The Planning and Development Division reviews and submits
comments on dredge and fill applications to the permitting
agencies based upon the following:
The Conservation & Coastal Zoning Management Element of the
Indian River Comprehensive Plan
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BOOK
S E P -
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SEP 9 1986 BoaK 65 Ftp c 6?4
- Coastal Zone Management, Interim Goals, Objectives &
Policies for the Treasure Coast Region
The Hutchinson Island Planning & Management Plan
The Indian River County Code of Laws and,ordinances
The project is located in the Town of Indian River Shores.
Therefore, the focus of staff review is on potential County and
regional impact rather than site-specific impact; an in-depth
field inspection of the project site was not conducted.
Chapter 16Q-20 of the Florida Administrative Code sets para-
meters for private residential single docks located in the
Indian River Aquatic Preserve. Section 16Q -20.04(5)(b), Florida
Administrative Code, sets forth specific design standards and
criteria for private single docks.
Although the extent of any impacts are not fully known at this
time, there may be cumulative impacts of this and other dockage
projects proposed to be constructed along the Indian River upon
the Florida Manatee.
RECOMMENDATION:
It is recommended that the Board of County Commissioners autho-
rize staff to 'forward the following comments regarding these
projects -to the Florida Department of Environmental Regulation:
1) --The -Department of Environmental Regulation and other
appropriate agencies should coordinate with the D.N.R. to
determine if the proposed project is located in the Indian
River Aquatic Preserve and therefore subject to require-
ments of Chapter 16Q-20, Florida Administrative Code;
2)- The Department of Environmental Regulation and other
appropriate agencies should consider the potential cumu-
lative impacts of dockage projects upon the Florida
Manatee;
3) The Department_ of Environmental Regulation and other
appropriate agencies should evaluate the potential impact
of marina projects on ecologically significant submerged
bottomlands such as seagrass beds in the Indian River.
ON MOTION by Commissioner Bird, SECONDED by Com-
missioner Lyons, the Board unanimously authorized
staff to forward the above comments to the DER.
E. Release of Easement - Roselands Gardens Sub. (K. Severance)
The Board reviewed memo of Code Enforcement Officer Davis:
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TO: The Honorable Members DATE: August 28, 1986 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE:
SUBJECT:
Rd6ert M. Ked ing, ICP
loPlanning & De pnt
Director
RELEASE OF EASEMENT REQUEST
BY KATHLEEN SEVERANCE -
SUBJECT PROPERTY: LOTS 2,
3, 4, 5 AND 6, BLOCK 3,
ROSELAND GARDENS SUBDIVI-
SION
FROM: Betty Davis REFERENCES: Severance
Code Enforcement Officer DIS:REMS
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of September 9, 1986.
DESCRIPTION AND CONDITIONS:
The County has been petitioned by Kathleen Severance, owner of
the subject property, for the release of the common side lot 51'
easement of lots 2 & 3, 3 & 4, 4 & 5, and lots 5 & 6, Block -_3' 5
Gardens Subdivision, being the southeasterly ' of
lots 2, 3, 4, and 5, Block 3,. Roseland Gardens Subdivision and
the northwesterly 5' of Lots 3, 4, 5 and 6, Block 3, Roseland
Gardens Subdivision as recorded in Plat Book 8, Page 25 of the.
Public Records of Indian River County Florida. It is the
owner's intention to consolidate the _lots into_ 3_ larger
building sites.
The current zoning classification is RM -6, Multiple Family
Residential District. The land use designation is LD -2, Low
Density Residential, up to six (6) units per acre. _
ALTERNATIVES AND ANALYSIS:
The request has been reviewed by Southern Bell, Plorida Power &
Light Jones Intercable, and Indian River County Utility and
Right-of-way Departments. Based upon their review, there were
no objections to the release of the easements. The zoning
staff analysis, which included a site visit, showed that
drainage would be adequately handled on-site.
RECOMMENDATION:
Staff recommends to the Board through adoption of a resolution,
the release of the common side lot 5' easement of lots 2 & 3, 3
& 4, 4 & 5, and lots 5 & 6, Block 3, Roseland Gardens
Subdivsion, being the southeasterly 5' of lots 2, 3, 4, and 5,
Block �, Roseland Gardens Subdivision and the northwesterly 5'
of Lots 3, 4, 5 and 6, Block -3, Roseland Gardens Subdivision,
as recorded in Plat Book 8, Page 25 of the Public Records of
IndianlRiver County, Florida.
Boa 65 F,�, �,
SEP 1J
ON MOTION by Commissioner Bird,'SECONDED by Com-
missioner Lyons, the Board unanimously adopted
Resolution 86-54 releasing side lot 5' easements
in Block 3, Roseland Gardens Subdivision, as
requested by Kathleen Severance.
RESOLUTION NO. 86-54
A RESOLUTION OF INDIAN RIVER
COUNTY, FLORIDA, ABANDONING CERTAIN
EASEMENTS IN THE ROSELAND GARDENS
SUBDIVISION.
WHEREAS, Indian River County has easements as
described below, and
WHEREAS, the retention of those easements serves
no public purpose,
NOW, THEREFORE, BE IT RESOLVED by the Board of
County Commissioners of Indian River County, Florida that:
This release of easement is executed by Indian
River.County, Florida, a political subdivision of the State
of Florida, whose mailing address is 1840 25th Street, Vero
Beach, Florida 32960, Grantor, to Kathleen Severance, whose
mailing address is 1332 Peters Boulevard, Bayshore, New York
11706, Grantee, as follows:
Indian River County does hereby abandon all right,
title, and interest that it may have in the following
described easements:
SEE EXHIBIT "A" ATTACHED HERETO AND
INCORPORATED HEREIN BY REFERENCE.
THIS RESOLUTION was moved for adoption by
Commissioner Bird, seconded by Commissioner Lyons, and
adopted on the 9th day of September, 1986, by the following
vote:
Commissioner Scurlock Aye
Commissioner Lyons Aye
Commissioner Bird Aye
Commissioner Bowman Aye
Commissioner Wodtke Aye
The Chairman thereupon declared the resolution
duty passed and adopted this 9th day of September, 1986.
HOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY,
FLORIDA
Y s/l
B Bon S urlocZ, Jr:
rhm i rman ((
6
EJ
"EXHIBIT A"
The common side lot 5' easement of lots 2 & 3,,3 & 4, 4 &
5, and lots 5 & 6, Block 3, Roseland Gardens Subdivision,
being the southeasterly 5' of lots 2, 3, 4, and 5, Block
3, Roseland Gardens Subdivision and the northwesterly 5'
of Lots 3, 4, 5 and 6, Block 3, Roseland Gardens
Subdivision, as.recorded in Plat Book 8, Page 25 of the
Public Records of Indian River County, Florida.
F. Release of Easement - Tropical Village Estates & Fellsmere
Farm Co. Subdv. (L. Yates)
The Board reviewed memo of Code Enforcement Officer Davis:
TO: The Honorable Members DATE: August 28, 1986 FILE: -
of the Board of County �-
Commissioners
DIVISION HEAD CONCURRENCE:
1521',p SUBJECT:
Obert M. Keaing AICP
Planning & Detelopment Director
RELEASE OF EASEMENT
REQUEST BY LENORA YATES;
SUBJECT PROPERTY:.LOTS 1
AND 2, BLOCK 1, TROPICAL'
VILLAGE ESTATES AND PART-..
OF TRACT 1639 OF
FELLSMERE FARM COMPANY'S
SUBDIVISION
FROM: Betty Davis REFERENCES: Yates
Code Enforcement Officer .DIS:REMS
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of September 9, 1986.
DESCRIPTION AND CONDITIONS:
The County has been petitioned by Lenora Yates, owner of the
subject property, for the release of the 10' easements, being
the northerly 10' of the southerly 57' of Tract 1639 of that
part of Fellsmere Farms Company's subdivision in Township 31
South, Range 37 East, as per plat recorded in Plat Book 2,
Pages 1 and 2, St. Lucie County, Florida records. Further, Ms.
Yates is requesting release of the side lot 3' easement of Lots
1 & 2, Block 1, Tropical Village Estates, being the northerly
3' of Lots 1 and 2, Block 1, Tropical Village Estates, and the
5' rear lot easement of Lots 1 & 2, Block 1, Tropical Village
Estates, being the easterly 5' of Lot 1, Block 1, Tropical
Village Estates and westerly 5' of Lot 2, Block 1 Tropical
Village Estates, as recorded in Plat Book 4, Page 94} of the
Public Records of Indian River County Florida. It is Ms.
Yates' intention to make one large building parcel of the
property.
The current zoning
Residential District
Density Residential,
classification is RS -6, Single Family
The land use designation is LD -2, Low
up to six (6) units per acre.
SEP 0 I� BOOK �� 697
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SEP 9 19G6
BOOK 65 FAGCE 6?8
ALTERNATIVES AND ANALYSIS:
The request has been reviewed by Southern Bell, Florida Power &
Light, Jones Intercable, and Indian River County Utility and
Right-of-way Departments. Based upon their review, there were
no objections to the release of the easements. The zoning'
staff analysis, which included a site visit, showed that
drainage would be adequately handled on-site.
RECOMMENDATION:
Staff recommends to the Board, through adoption of a
resolution, the release of the 10' easement, being the
northerly 10' of the southerly 57' of Tract 1639 of that part
of Fellsmere Farms Company's subdivision in Township 31 South,
Range 37 East, as per plat recorded in Plat Book 2, Pages l and
2, St. Lucie County, Florida records. Further, the staff
recommends the release of the side lot 3' easement of Lots 1 &
2, Block 1, Tropical Village Estates, being the northerly 3' of
Lots 1 and 2, Block 1, Tropical Village Estates, and the 5'
rear lot easement of Lots 1 & 2, Block 1, Tropical Village
Estates, being the easterly 5' of Lot 1, Block 1, Tropical
Village Estates- and westerly 5' of Lot 2, Block 1 Tropical
Village Estates, as recorded in Plat Book 4, Page 94} of the
Public
Records of Indian River County Florida.
ON MOTIOR by Commissioner Bird, SECONDED by Com-
=-missioner Lyons, the Board unanimously adopted
Resolution 86-55 releasing a 10' easement in
Fellsmere Farms Co. Subdivision and 3' and 5'
side lot easements in Block 1, Tropical Village
Estates as requested by Lenora Yates.
8
(B31)LEGALfBnm)
RESOLUTION NO. 86-55
A RESOLUTION OF INDIAN RIVER
COUNTY, FLORIDA, ABANDONING CERTAIN
EASEMENTS.
WHEREAS, Indian River County has easements as
described below, and
WHEREAS, the retention of those easements serves
no public purpose,
NOW, THEREFORE, BE IT RESOLVED by the Board of
County Commissioners of Indian River County, Florida that:
This release of easement is executed by Indian
River County, Florida, a political subdivision of the State
of Florida, whose mailing address is 1840 25th Street, Vero
Beach, Florida 32960, Grantor, to Lenora Yates, whose
mailing address is P. O. Box 107, Fellsmere, Florida 32948,
Grantee, as follows:
Indian River County does hereby abandon all right,
title, and interest that it may have in the following
described easements:
SEE EXHIBIT "A" ATTACHED HERETO AND
INCORPORATED HEREIN BY REFERENCE.
THIS RESOLUTION was moved for adoption by
Commissioner Bird, seconded by Commissioner Lyons, and
adopted on the 9th day of September, 1986, by the following
vote:
Commissioner
Scurlock
Ave
Commissioner
Lyons
Aye
Commissioner
Bird
Aye
Commissioner
Bowman
Aye
Commissioner
.Wodtke
Aye
The Chairman thereupon declared the resolution
duly passed and adopted this 9th day of September, 1986.
.a
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY,
FLORIDA
!
B / C
y on . Scur occ, Jr.
Chairman
I
"EXHIBIT A"
The 10' easement located at the northerly 10' of the
southerly 57' of Tract 1639 of that part of Fellsmere
Farms Company's subdivision in Township 31 South, Range 37
East, as per plat recorded in Plat Book 2, Pages l and 2,
St. Lucie County, Florida records, which lies south of
State road 512 and north of Lots 1 6 2, Block 1, Tropical
Village Estates. Further, the side lot 3' easement of
Lots 1 S 2, Block 1, Tropical Village Estates, being the
northerly 3' of Lots 1 and 2, Block 1, Tropical Village
Estates and the 5' rear lot easement of Lots 1 6 2, Block
1, Tropical Village Estates, being the easterly S' of Lot
1, Block 1, Tropical Village Estates and westerly 5' of
Lot 2, Block 1 Tropical Village Estates, as recorded in
Plat Book 4, Page 94} of the Public Records of Indian
River County'Florida.
BbaK (2�5
S E P 9 1986 9
L
SEP 91036 BOOK 65 630
G. Release of SR60 Water Assessment Lien Tamara Gardens (Hatala)
ON MOTION by Commissioner Bird, SECONDED by Com-
missioner Lyons, the Board unanimously approved
Release of Assessment Lien for 1 ERU of SR -60
water for Condo Unit 3-A, Tamara Gardens Condo-
minium, Phase 1 (Leonard Hatala)
Release of one unit (KAY)
State Road 60 Water
W
RELEASE OF ASSESSMENT LIEN
For and in consideration of the sum of $1,191.42
received from LEONARD J. HATALA and CONSTANCE C. HATALA, his
wife, in hand this day, receipt of which is hereby
acknowledged, INDIAN RIVER COUNTY, FLORIDA (the County),
hereby releases the property hereinafter described from a
certain special assessment lien recorded by the County in
its Official Records Book 0691," Page 0077, for a special
assessment in the amount of $970.45, plus accrued interest
_at the rate of ten percent, levied in accordance with the
provisions of Ordinance No. 83-46 of the County, as amended,
and Resolution No. 84-47 of the Board of County
Commissioners of the County; and hereby declares such
special assessment lien fully satisfied. The property,
located in Indian River County, is more fully described as
follows:
Condominum Unit 3-A of TAMARA GARDENS CONDOMINIUM
Phase 1, according to the Declaration of
Condominium, recorded in O.R. Book 667, Page 1183,
of Indian River'County, records, as amended.
Executed by the Chairman of the Board of County
Commissioners of Indian River County, Florida, and attested
and countersigned by the Clerk of such Board, all as of this
day September, 1986.
INDIAN RIVER COUNTY, FLORIDA
Attest: BOARD OF COUNTY COMMISSIONERS
--- - _ By_... C
Fre Wr' gh I erk bon-� S -r-5ck
%� cu lock, Jr.
Chairman
10
H. Release of SR60 Water & Sewer Assessment Liens - Pine Creek
rnnAn 1\/
ON MOTION by Commissioner Bird, SECONDED by Com-
missioner Lyons, the Board unanimously approved
Release of Assessment Liens for SR -60 water and
for SR60 sewer for Apt. #101 Pine Creek Condo-
minium IV, (Entwistle) Lynlee Development Corp.
Release of one unit (ENTWISTLE)
State Road 60 Water
RELEASE OF ASSESSMENT LIEN
For and in consideration of the sum of $1,027.97
received from LYNNLEE DEVELOPMENT CORPORATION, in hand this" -
day, receipt of which is hereby acknowledged, INDIAN -RIVER
COUNTY, FLORIDA (the County.), hereby releases the property
hereinafter described from a certain special assessment lien
recorded by the County in its Official Records Book 0691,
Page 0077, for a special assessment Ari the- -amount of -
$970.45, plus accrued interest at the rate of ten percent,
levied in accordance with the provisions of Ordinance No.
83-46 of the County, as amended, and Resolution No. 84-47 of
the Board of County Commissioners of the -County; and hereby
declares such special assessment lien fully satisfied. The
property, located in Indian River County, is more fully
described as follows:
Apartment #101 of PINE CREEK CONDOMINIUM IV,
according to the Declaration of Condominium,
recorded in O.R. Book 739, Page 2345, of the
public records of Indian River County, Florida.
Executed by the Chairman and attested by the Clerk of
the Board of County Commissioners on this day
September, 1986.
INDIAN RIVER COUNTY, FLORIDA
Attest: l BOARD OF COUNTY COMMISSIONERS
By
Breda 19h�., I erk � 6on�. Scur ock
C
Chairman
11
65 =�
BOOK F� 6,3
65
SEP 9 1986 800 F�r bo3
Release of one unit (ENTWISTLE)
State Road 60 Sewers
RELEASE OF ASSESSMENT LIEN
For and in consideration of the sum of $1,425.58
received from LYNNLEE DEVELOPMENT CORPORATION, in hand this
day, receipt of which is hereby acknowledged, INDIAN RIVER
COUNTY, FLORIDA (the County), hereby releases the property
hereinafter described from a certain special assessment lien
recorded by the County in its official records (Book 0700,
Page 298) for a special assessment in the amount of $1,250,
plus accrued interest at the rate of ten percent, levied in
accordance with the provisions of Ordinance No. 83-46 of the
County, as amended, and Resolution No. 84-1.07 of the Board
of County Commissioners of the County; and hereby declares
such special assessment lien fully satisfied. The property,
located in Indian River County, is more fully described as
follows:
Apartment #101 of PINE CREEK CONDOMINIUM IV,
according to the Declaration of Condominium,
recorded in 0. R. Book 739, Page 2345, of the
public records of Indian River County, Florida.
Executed by the Chairman and attested by the Clerk of
the: Board of County Commissioners on this g day of
September, 1986.
INDIAN RIVER COUNTY, FLORIDA
- Attest:: % BOARD OF COUNTY COMMISSIONERS
rW�'-9 er �.C, bon C. Scur I ock, IV-
-107
r
Chairman
I. Final Plat Approval - Sixty Oaks PRD
The Board reviewed memo of Staff Planner Boling:
TO: Honorable Members of DATE: August 28, 1986 FILE:
the Board of County Commissioners
DIVISION HEAD CONCURRENCE:
FINAL PLAT APPROVAL FOR
Robert M. K a g, CP SUBJECT: SIXTY OAKS PLANNED
Planning & Dev lopm nt Director RESIDENTIAL DEVELOPMENT
THROUGH: Michael K. Miller
Chief, Current Development
FROM: Stan Boling REFERENCES: Sixty oaks
Staff Planner��"r/ STAN
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of September 9, 1986.
12
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DESCRIPTION AND CONDITIONS:
The Sixty Oaks planned residential development (PRD) received
special exception and preliminary PRD plan approval on September
25, 1985. Since that time a land development permit has been
obtained and building permits have been pulled for several units,
in accordarwe with the PRD ordinance. The owner/applicant,
Planned Development Corporation, Bob McKnight, Sr., Vice
President, is seeking final PRD plat approval for the Sixty Oaks
project.
ANALYSIS
The applicant has submitted a final plat and final site plans in
accordance with the PRD ordinance (Section 25.4(1)]. The plat and
site plans are in conformance with the approved preliminary PRD
plan and special exception approval. All reviewing departments
have approved the final submittals.
The applicant has also submitted an executed contract for
construction of required improvements committing it' to construct
and complete the remaining required improvements by August 6,
1987. Also, a sealed certified cost estimate from the project z
engineer has been submitted, approved by the Public Works Director
and Utilities department, which itemizes all remaining
construction costs. Based on the cost estimate, an irrevocable
letter of credit in the amount of $477,000.00 (representing 115%
of the construction costs) has been submitted to secure the `
construction contract. - -
The County Attorney's office has verified that the construction
contract and irrevocable letter of credit are acceptable as
submitted. All applicable County regulations have been satisfied
for final PRD plat approval. Y
RECOMMENDATION:
Staff recommends that the Board of County Commissioners grant
final PRD plat approval to the Sixty Oaks project, 'accept the
submitted irrevocable letter of credit, and authorize the Chairman
of the Board of County Commissioners to sign the contract for
construction of required improvements.
ON MOTION by Commissioner Bird, SECONDED by Com-
missioner Lyons, the Board unanimously granted
Final Plat Approval for Sixty Oaks PRD, accepted
the irrevocable letter of credit, and authorized
the Chairman to sign the contract for construction
of required improvement.
J. Final Payment - Heron Cay Lift Station Improvements
The Board reviewed memo from the Assistant Utility Director:
13
SEP 9 1986 soon b 63
BOOK 6 5 PAGE 634
TO: BOARD OF COUNTY COMMISSIONERS DATE: August 26,•1986.
THRU: TERRANCE G. PINTO
DIRECTOR OF UTILITY SERVICES
FROM: JEFFREY K. BARTON(:;* 1��
ASSISTANT DIRECTOR OF UTILITY SERVICES
SUBJECT: FINAL PAYMENT AND RETAINAGE RELEASE
HERON CAY LIFT STATION IMPROVEMENTS
BACKGROUND
The contractor, Ted Myers Contracting Co., has completed the work at
the Heron Cay Lift Station and has requested final payment and release
of retainages.
RECOMMENDATION
The utility staff recommends to the Board of County Commissioners to
approve the final payment and release the retainage of $2,961.39.
ON MOTION by Commissioner Bird, SECONDED by Com-
missioner" Lyons, the Board unanimously authorized
,'final payment and release of retainage in the amount
of $2,961.39 to Ted Myers Contracting Co. for the
- improvements at Heron Cay Lift Station.
K. EDA Technical Assistance Grant
The Board reviewed letter from the EDA to Chairman Scurlock:
14
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1 V
�r•rttW'
SEP 1986
co
August 29, 198 REMOVED
cBOARD COUNTY
COMMISSIONERS
0
Mr. Don C. Scurlock, Jr.
Chairman, Indian River Board of
County Commissioners
1840 25th Street
Vero Beach, Florida 32960
Dear Mr. Scurlock:
U.S. DEPARTMENT OF COMMERCE
Economic Development Adminiotration
ATLANTA REGIONAL OFFICE
Suite 750
1365 Peachtree St.. N. E.
Atlanta. Georgia 30309
In reply please refer to
Project No.: 04-06-03399
We are pleased to advise you that the Economic Development
Administration has approved a -technical assistance grant in
response to your application for funding under Title III of the
Public Works and Economic Development Act of 1965.
Enclosed are three copies of the Grant Offer and the Special Terms r
and Conditions and one copy of the General Terms and Conditions_,-_--._
all of which will govern the performance of the approved grant-
program.
rantprogram. Any modification or other deviation thereto, including
work scope and budget adjustments, must have the prior written
approval of the Economic Development Administation.
If the provisions of this grant are acceptable,. -please sign the
three copies of the Grant Offer and attach a copy of the Special
Terms and Conditionstoeach. Then, at your -earliest convenience,
return two sets of these documents, properly executed to
Charles E. Oxley, Regional Director, Economic Development
Administration, 1365 Peachtree Street, N.E., Atlanta, Georgia
303x9. The third set of documents and the copy of the General
Terms and Conditions are -for your files.
Sincerely,
C arles
Director, Atlant egion
ON MOTION by Commissioner Bird, SECONDED by Com-
missioner Lyons, the Board unanimously accepted
the EDA Technical Assistance Grant and authorized
the signature of the Chairman.
15
SEP
� r
BOOK 65 `'r"U'[ 635
SEP 0 1986
U.S. DEPARTMENT OF COMMERCE
Economic Development Administration
BOOK 65 fg)E 6"36 -7
GRANT OFFER FOR TECHNICAL ASSISTANCE GRANT NO. 04-06-03399
The Regional Director, acting pursuant to Title III, Section 301(a),
of the Public Works and Economic Development Act of 1965, as amended,
(hereinafter, the "Act") hereby offers to Indian River County Board
of County Commissioners
(hereinafter, the Grantee grant assistance subject to the terms,
conditions, and limitations as set forth herein and in the attached
General Terms and Conditions and Special Terms and Conditions. The
assistance is offered to enable the Grantee to carry out the
objectives of the Act by undertaking a program to alleviate or
prevent excessive unemployment and underemployment in the area(s)
of Indian River County, Florida _•
The maximum amount of grant assistance hereby offered is $ 25,000
The term of the grant will be 12 months from the effective date
of the grant, August 1, 1986 , and will include a 12 -month
work program. Funds will be made available for the Grantee s
eligible expenses during this period in accord with the attached
General and Special Terms and Conditions.
This Grant Offer does not commit the Economic Development
Administration (hereinafter, the "Grantor") to approve requests for
additional funds during or beyond this grant period.
Dat6d this 29th day of August . 19e$�•
The foregoing Grant Offer is hereby accepted, and it is agreed that
the funds made available will be used only as .set forth herein and
in the attached General and Special Terms and Conditions.
Dated this 9th day of September , 1986
Indian River County
Board of County Commissioners
Grantee
�-
.ic
1 • an
GRANT OFFER AND ATTACHMENTS ARE ON FILE IN THE OFFICE OF
CLERK TO THE BOARD.
16
r
CAD SYSTEM DISCUSSION (COMPUTER AIDED DISPATCHING)
The Board reviewed letters from Sheriff Dobeck dated
September 4th and September 8th, as follows:
A, -
P. O. BOX 608
PHONE 369.6700
September 4, 1986
R.T."TIM' DOBECK - INDIAN RIVER COUNTY
MEMBER FLORIDA SHERIFFS ASSOCIATION
MEMBER OF NATIONAL SHERIFFS ASSOCIATION
VI -AM IIU;ACII. I1LUIt1DA 3-1I)GI-0(J0U
Honorable Doug Scurlock, Chairman
Board of County Commissioners
Indian River County
1840 25th Street
Vero Beach, FL 32960
Dear Doug:
During the last three (3) months, Sonny Dean, Doug Wright and I,
along with some members of my staff, have had the opportunity to view
many communication centers throught the State of Florida. Most
recently, Sonny Dean, Doug Wright, and a representative of mine
attended a meeting and it is our joint concession that the enclosed
package be considered by the Commission. I would request that the
County Commissioners review the document on the CAD'Consortium from
St. Louis, it explains the consortium and related costs in detail.
If we join as a cash paying charter member, there is a possibility
that our initial investment be returned to us over a period of time.
I request that the County Commissioners allocate $32,000 to join the
consortium as quickly as possible, so that we will not be required to
pay a penalty should we exceed the October.1 date and then decide to
join.
Al -so, enclosed are consortium budget summaries, so that the Commis-
sioners will better understand how the consortium is spending their
money, and the Article of Responsibility.
Please review the information carefully and advise me what positon we
should take regarding this.
Respectfully,
R. T. "Tim" Dobeck, Sheriff
"Indian River County
17
X
SEP Boos 65, 7
�'fjerift
P. O. BOX 608
PHONE 569-6700
September 8, 1986
BOOK 65 FADE P
R.T."TIM DOBECK - INDIAN IMI -,UR COUNn-
MEMBER FLORIDA SHERIFFS ASSOCIATION
MEMBER bF NATIONAL SHERIFFS ASSOCIATION
t'IiL?0 IiI:AC'II. FLORIDA :2061-0008
Honorable Doug Scurlock, Chairman
Board of County Commissioners
Indian River County
1840 25th Street
Vero Beach, FL 32960
Dear Doug:
Sorry for the delay in providing this information; however, it neces-
sitated some detailed work that ultimately delayed the project.
Enclosed you will find information developing the program in-house,
the initial cost, provided by Don Hylton, reoccurring cost and
expense of the hardware to make this system operational. The only
other information available that compared hardware to hardware and
software to software was -through AT&T.
The first -proposal .based on a proposal by AT&T includes hardware and
software, still in the developmental process, is in the amount of
$-275,495., The final comparison utilized is AT&T hardware to run the
Consortium CAD system in the amount of $252,495. We have compared
these proposals very closely and find that taking into consideration
hardware, programming and the -capability of all systems, that the
AT&T_ hardware utilized for the Consortium system far exceeds that of
any comparable package.
For additional information, I have enclosed copies of letters receiv-
ed from Command Data Systems. As you can see the text of the letter
informs us that they are offering a fully functional CAD system,
including training for $99,500 (this is software only).
The second quote from NTE, Orlando, could be best summarized by going
to the last page. The CAD system which is Phase -III for software
only would run about $82,000.
We received additional quotes, one from Data Sense, Tampa, which is
no longer in business.
The initial CAD system costs development is an estimated $40,000 plus.
It would be my recommendation to the Commissioners that at this time
funds be allocated immediately to allow us to join the Consortium for
many obvious reasons. Consortium concept appears to be the leading
edge of the latest technology developed by the public safety opera-
tion and in placing us in a vendor dependency situation. We are
scheduled to meet with the Consortium again as soon as the Commis-
sions makes the decision.
Thank you for your consideration in this matter.
Sincerely,
7!i�
R. T. "Tim" Dobeck, Sheriff
Indian River County
18
F�
Commissioner Lyons, speaking as Chairman of the Data Pro-
cessing Committee, advised that they are not yet ready to make a
recommendation but would like to ask the Commission what addi-
tional information they would like to have when they can come up
with a final recommendation.
Commissioner Wodtke wanted to know what it is going to cost
to get started and be sure that the hardware and software we have
now will be compatible with this system.
Commissioner Lyons concurred that those are some of the
questions he has also and one he has not been able to address
fully is what is.the total cost of this systema It is going to - -
require a certain number of computer people to keep it going,
etc., and he is trying to balance out the --comparables. We are
not a St. Louis, and he wanted to be sure we aren't "killing a
mosquito with a sledgehammer."
Commissioner Bird stated that he would like someone to' -
simplify the comparables, i.e., what is the minimum we need to do
the job effectively, what options are available, and how do we
compare them to see what will give us the most for our money.
Chairman Scurlock believed that the salesman for -the
consortium should be able to make the comparison.
Commissioner Bird asked if the salesman isn't selling one
particular type of system, and the Chairman believed he would
know the systems with which he is competing and could make the
comparison.
Commissioner Lyons emphasized that he wanted to be assured
in writing that anything we do will be compatible with our
present system because there is some interface involved between
the County Administration Building and the Courthouse. He felt
the timetable will allow another visit to St. Louis for possibly
one member of the Commission and Data Processing Director Hylton
and felt this would be beneficial. Commissioner Lyons believed
Mr. Hylton is objective on this and, as far as we are concerned,
felt he is the best technical advice we have in-house.
19 BOOK 65 F,1GE M
SEP
Fr- -7
S E P 0 1986 BOOK 65 PA;E 640
ON MOTION by Commissioner Lyons, SECONDED by Com-
missioner Wodtke, the Board unanimously authorized
out -of -County travel for the appropriate people to
make one more trip to St. Louis to take one last
look at the system used by this member of the CAD
Consortium.
The Chairman requested that Commissioner Lyons write the
Sheriff and request a reply in writing addressing the items we
have discussed above.
in further discussion, Commissioner Wodtke commented that
there is one letter from Command Data System that says they could
install_a total CAD system for $99,000.
Commissioner Lyons believed that is on the low side of any-
thing he has heard discussed and agreed that it should be further
examined.
It was emphasized that figures on the overall cost of the
system, including the operating cost, are needed as soon as
--possible.
WATER ASSESSMENT ROLL - ROUTE 60 (SEXTON PROPERTY)
Assistant Utility Director Jeffrey Barton reviewed the
following memo:
TO: BOARD OF COUNTY COMMI S ONERS
THRU: TERRANCE G. PINTO
DIRECTOR OF UTILITY SERVICES
DATE: August 29, 1986
FROM: JEFFREY K. BARTON
ASSISTANT DIRECTOR DIRECTOR OF UTILITY SERVICES L/
SUBJECT: WATER ASSESSMENT ROLL - ROUTE 60 (SEXTON PROPERTY)
BACKGROUND AND CONDITIONS
When Indian River County surveyed individuals willing to have
assessment liens placed against their properties for the Route 60
water extension project, the Sextons' needed 70 ERU's of Water for
their property which was to become Sugarmill Subdivision, Units 2, 3,
4 and 5. The County's assessment lien, when finalized, did not
include the 13 lots in Unit 2. Therefore, the Sextons' only need 57
ERU's for the balance of the property. Several individuals owning
lots in Unit 2 have purchased water taps from County Utilities direct
and paid the $1,140 each. This money was deposited into the County's
Impact Fees Account, not the Assessment Roll Account.
. - 20
RECOMMENDATION
Utility Staff recommends`to the Board of County Commissioners the
following:
1. Transfer from the Water & Sewer Impact Fee Account
$11,930.91 for payment of $11, 4
35.20 Principal, $567.71
Interest, $9.00 Release of Lien, into the Assessment Roll
Account.
2. Reimbursement to Sextons a net of $684.94 of the principal
payment they made on the Assessment Roll Payment #1 dated
March 1, 1986. Net is arrived at as follows:
r
13 x $97.05 = $1,261.65 Gross Principal Paid
less (567.71) 6 Months Interest
5/1/86 to 10/31/86
less (9.00) Release of Lien
_684_94 NET REFUND
This transaction will have a net benefit to the Utility Water --
Impact Fee Account of $2,204.15.
Difference between Assessment Roll and rcurrent Impact Fee
amounts:
13 x $1,140.00 = $14,820.00
13 x $970.45 = (12,615.85)
- �2�204.15
Chairman Scurlock felt this is similar to a previous
situation where we had to clean up an assessment roll.
ON MOTION by Commissioner Wodtke, SECONDED by _
Commissioner Bowman, the Board unanimously approved
the transfer from the Water & Sewer Impact Fee
Account into the Assessment Roll Account and
reimbursement to the Sextons as set out in the
above memo and recommended by the Utility staff.
(PARTIAL RELEASE. OF ASSESSMENT LIEN IS ON FILE IN CLERK'S OFFICE)
SELECTION OF ARCHITECT - GOLDEN SANDS BEACH RECREATION AREA
Acting Administrator Thomas reviewed the following memo:
21
SEP 1986
BOOK 6F,�E 641
SES' 1936
BOOK 65 PvE 642
TO: The Honorable Members of the DATE: September 8, 1986 FILE:
Board of County Ccm-nissioners
THROUGH:
Tommy Thomas,
Acting County Administrator SUBJECT:
Selection of Architect for
Design of Golden Sands Beach
Recreation Area
FROM:James W. Davis, P.E. REFERENCES:
Public Works Director
The selection committee for the subject project met on September 2, 1986
and has recommended that the following firms be considered for contract
negotiations.
Mays, Suddereth & Etheredge, Inc. - Orlando, Florida
Stottler Stagg and Associates, Cape Canaveral, in Association
with Brad Smith Associates, Inc., Melbourne, Florida
Ralph D. Denussio & Associates, -Inc..- Fort Lauderdale, F1.
Request permission for -staff to negotiate agreement and bring back before
the Board of County Commissioners for approval and execution.
Acting Administrator Thomas noted that staff advertised and
has interviewed firms as directed by the Board and now would like
---permission to negotiate with the above firms in the order listed.
ON MOTION by Commissioner Lyons, SECONDED by Com-
missloner Bowman, the Board unanimously to negotiate
as requested and bring back to the Board an agreement
for approval and execution.
YEAR END BUDGET AMENDMENTS TO BALANCE BUDGET
The Board reviewed memo of OMB Director Baird:
22
s �
I
_
TO: Honorable Board of County DATE: September 8, 1986
Commissioners
W
d SUBJECT: Authorize the Management
and Budget Director to do
the Necessary Amendments
for Balancing the Budget
for the 1985/86 Year
FROM:
r
REFERENCES:
Joseph A. Baird CES:
OMB Director
The 1985/86 fiscal year ends September 30. To be in proper compliance
all budget amendments must be done prior to the close of the fiscal year.
I would like the Honorable Board of County Commissioners to authorize s,
the Management and Budget Director to do the necessary budget amendments
for balancing the budget for the 1985/86 fiscal year. Copies of the amend-
ments will be provided for formal Board action at a later date.
ON MOTION by Commissioner Wodtke, SECONDED by Com-
missioner Lyons, the Board unanimously authorized
the OMB Director to do the necessary amendments to
balance the budget for the 1985/86 year.
USE OF COURT FACILITY FUNDS _
County Attorney Vitunac informed the Board that he has
received the following letters from Circuit Judge Charles Smith
dated August 28th and September 5th:
23
EP BOOK 65 643
SEP 9 1986
CHARLES E. SMITH
CIRCUIT JUDGE
August 28, 1986,E
Airde of A10sibx
ewiz bmt4 lubk l (girruff
Charles Vitunac, Esquire
1840 - 25th Street
Vero Beach, Florida 32960
Dear Mr. Vitunac:
BOOK 65 F -A -UE 644
239 COUNTY COURTHOUSE
VERO BEACH, FLA. 32960
PHONE: (3051567-8000 EXT. 528
I was recently surprised to learn in talking with Joe Baird, the
Finance Director, that money had been taken from the Court Facili-
ties Fund for the following purposes: 1) Library shelving for the
County Law Library; 2) Video system for the Indian River County
Jail for first appearances and other court hearings; and 3) CRTs
for the clerk's office. As you know, the Ordinance and the
Florida Statute authorizes this Ordinance, imposing an additional
filing fee, both in the circuit and county courts, to be paid by
the clerk of the court into a non -lapsing fund of Indian River
County entitled the "Court Facilities Fund" to be used exclusively
by the County in providing and maintaining court facilities. The
intent of this ordinance, as evident by my letter of October 19,
1983 to Richard Byrd, Chairman, was to help provide and build a
fund for courtrooms and some help in equipment and furniture for
the judges offices and courtrooms. See the last paragraph of
this letter. See also Gary Brandenburng's, Court Attorney,
letter to me of December 27, 1983 in which he states "The funds
collected under this ordinance will be placed in anon -lapsing
fund of the County to be used.exclusively for providing and main-
taining court facilities in the county."
-There is a separate filing fee for the County Law Library to be
used exclusively for the Law Library.Therefore, I don't see how,
in any manner, the Court Facilities Fund could be used for the
Law Library.
The Clerk has never been known -as and/or used with the term
"Court" The word "court" and judges or judge are frequently
-used in statutes synonymously. Additionally, the Clerk has a
filing fee of her own that she collects and can use and it would
make no sense to try to define the clerk's office. as being part
of the Court Facilities.
As far as the video equipment for the jail or detention center,
certainly, under any interpretation, the jail is not court
facilities. The reason for this video equipment was to save the
expense of the county in transporting a prisoner from the jail
to the courthouse for hearings. Therefore, none of this should
have been taken, from the Court Facilities Fund. "Court Facilities"
under Florida Statute and Ordinance, does not mean "courthouse",
or Public Defenders, State Attorneys, Probation Services or
Sheriff, which are all part of the judicial system. In fact, the
Clerk's office in regard to the judicial system is only part of
her duties and she has many other duties which are not part of
the judicial system.
In summary, it is my interpretation that Court Facilities Fund is
limited by Florida Statutes and County Ordinance to equipment,
supplies, furniture and so forth for judges offices and courtrooms,
and for building funds for additional courtrooms.
Would you find out from the Finance Department exactlyliow much money
has been expended from the Court Facilities Fund and send me an
itemization. Additionally, I would ask that you request the Finance
Department to transfer back to the Court Facilities Fund all of
these funds that were erroneously expended for other purposes.
Also, I would think that a judge should approve each requisition
from the Court Facilities Fund in the future.
Yours -.truly,
Char mith -
F.
CHARLES E. SMITH Q#� Tubjda &Tuff
CIRCUIT JUDGE
September 5, 1986
Charles Vitunac, Esquire
1840 - 25th Street
Vero Beach, Florida 32960
Dear Mr. Vitunac:
239 COUNTY COURTHOUSE
VERO BEACH, FLA. 32980
PHONE: (305)'387-8000 EXT. 828
I have previously scheduled criminal trials on Tuesday, September
9 and will therefore be unable to attend the County Commissioners
meeting. The only thing that I would add to my letter to you of
August 28, 1986 was that I was hoping from the Court Facilities
Fund to be able to accumulate a substantial amount to be provided
for the next, fifth courtroom that we will need next year. Archi-
tect fees for the planning and renovation of a courtroom and the
renovations and equipment for another courtroom could be paid from
the non -lapsing court facilities fund.
At the present time we have three circuit judges who regularly work
in Indian River County and the two Indian River County judges, for
a total of five judges who regularly work in this county. In
addition to these five judges we have visiting circuit judges from
our circuit to temporarily handle cases in Indian River County due=_
to conflicts and overloads that the judges in Indian River County
are handling. Additionally, we use retired circuit judges to -"han-
dle specific cases from time to time. The Grand Jury meets on
a regular basis at least once a month and sometimes as much as
three times a month which ties up a courtroom. Occasionally we
have the Department of Transportation, Department of Agriculture,
and judicial referees for Bar Disciplinary hearings who use the
courtroom. - -
Our court administrator has recently projected the 1986 -felony
criminal case filings to be 46% increase over 1985 case filings.
Traffic criminal projected as a 23% increase over 1985 traffic
criminal case filings. -
We will have an additional circuit judge in our circuit beginning
January 1, 1987. We anticipate requesting from the Supreme Court
and legislature at least one additional circuit judge in July,
1987 for our circuit.
The shortage of courtrooms creates bottlenecks in disposing of
and trying cases both in civil and criminal. This can result
in the increased stay for defendants in jail adding to the jail
population. In short we need to immediately start budgeting and
planning for the hiring of an architect for an additional fifth
courtroom and for additional judges office and hearing room.
The upstairs, west side of the annex would be ideal space for
these court facilities.
Therefore, we would request the county employ an architect and
authorize him to proceed to draw up plans for these court facilities.
--and to budget enough funds so that it can be completed within one
year or sooner.
Yours truly,
krles/ :"'S th "
25
�E� sibbb BOOK 65 F'.1Cr 645
SEP 9 1996 BOOK 646
Attorney Vitunac explained that the state passed a law a few
years ago allowing counties to pass a local ordinance which would
establish an additional filing fee in court and the money is to
be put into what is called a court facilities fund to be used for
court facilities, including a law library. Over the year certain
facilities have been paid for out of these funds, i.e., a closed
circuit video system for the jail and courtroom to expedite First
Appearances, law library shelving, and CRT's for the Clerk for
the court system. Judge Smith would like the funds to be used
for a fifth courtroom and retained only for use in capital
planning.
Commissioner Bird pointed out that the Judge actually is
asking that the monies expended for the above items be repaid
back to the fund, and this involves quite a sum of money.
Chairman Scurlock believed the key issue is the new and
additional courtroom facilities, and he felt it would be naive to
think we can do those kind of capital improvements out of the
small amount generated by that fund. The Chairman noted that we
--did some study, and we have a great many space needs that need to
r be analyzed. He believed the legal community wants a commitment
that we are going to do the necessary planning for the court
facilities done for the future.
Commissioner Lyons advised that he was intending shortly to
ask the Public Safety Committee to start a study of our court and
jail needs again.
Chairman Scurlock pointed out that the County Commission
created the ordinance allowing the collection of the additional
filing fee, and if we created it, we can do away with it. Since
we did create it, he believed we know what our intent was with
regard to the use of these funds.
Attorney David Albrecht appeared before the Board as
President of the Indian River County Bar Association and at the
specific request of Judge Smith and Judge Vocelle. He agreed
that, to put this in perspective, they are talking about a new
26
s
M
courtroom, but he wished to review how they got to this point.
He informed the Board that on July 10th before budget hearings,
he, as President of the local Bar Association, had written the
following letter to the Board supporting the Judges' request for
a fifth courtroom and for immediate long range planning for
complete new court facilities. However, they were never
contacted re the budget hearing and so did not show up to
indicate their support of the Circuit Court Judges.
DAVID F. Ai BRFCHT
PROFF.BSIONAL ASSOCIATION
ATTORNEY AND 00UNSELOR AT LAR'
PROFESSIONAL BUILDING
POST OFFICE Box 2258
2065 - 15TH AvENuE
VERO BEACH. F1.oRIDA
TELEPH0Nn 32961-2258
(3051562-8713 July 1 0, 1986
Mr. Joe Baird
Department of Budget Management
Indian River County Administrative Offices
1840 25th Street
Vero Beach, Florida 32960
Dear Mr. Baird:
This letter is to review and confirm my recent telephone
conferences with your office regarding the upcoming budget
hearings.
During our conferences, I informed you the Indian River County
Bar Association is supporting the Circuit Judges' request that
the budget include a fifth courtroom and a study relative to the
feasibility and planning of a new courthouse. I understand the
request has been acknowledged and may come up under public works,
Circuit Judges' budget or the court facilities budget.
I appreciate the courtesy extended of placing the Indian River
County Bar Association on the agenda to be heard on the matter.
Please keep us closely advised as to date, time and place of the
hearing. In the event you are unable to contact me, you should
be able to communicate the appropriate information to any one of
the Bar Officers or Directors. A list is enclosed for your re-
ference.
Thank you for your time and consideration.
S • e
� f
O v d F. '1 brec`ht
27
S E P 9 1986 BOOK 65' PACE 647
SEP 9 1986 BOOK 65 F3 c 648
Attorney Albrecht then referred back to Judge Smith's letter
of August 28th in which the Judge expressed surprise that the
Court Facilities Fund had been used for such things as shelving
for the Law Library, a video system, and CRTs for the Clerk's
Office. Attorney Albrecht quoted to the Board from the Florida
Statutes re the county court filing fees and the circuit court
filing charges and how they shall be expended, as follows:
28.241 Filing charges for trial and appellate pro-
ceedings.—
(1) The party instituting any civil action, suit, or pro-
ceeding in the circuit court shall pay to the clerk of that
court a service charge of $30 in all cases in which there
are not more than five defendants, and an additional ser-
vice charge of $2 for each defendant in excess of five.
An additional service charge of $10 shall be paid by the
j party seeking each severance that is granted. An addi-
tional service charge of $2.50 shall be paid to the clerk
for each civil action filed, $2 of such charge to be remit-
ted by the clerk to the State Treasurer for deposit into
the. General Revenue Fund unallocated. An -additional
charge of $1 shall be paid to the clerk for each civil ac-
tion brought in circuit or county court, to be deposited
into the Court Education Trust Fund; the moneys collect-
ed shall be forwarded by the clerk to the Supreme Court
monthly for deposit in the fund. Service charges in ex-,
cess of those herein fixed may be imposed by the gov
erning authority of the county byeordinance, or by spe-
ugi ur nalt bedea as
fr—
jncurred
ovided by -such ordinance or a y special or I W.
w nor �eaftw in force, in providing and maintaining
,. kdtdtng a law frbrary, for the use of the courts
ft COmtY wherein the service charges are collected
fora aid ram in such Postal charges
by the clerK Or the circumtFourt in making ser-
vice by certified or registered mail on defendants or oth-
34.041 Service charges and costs.—
(1) Upon the institution of any civil action or pro-
ceeding in county court, the plaintiff, when filing his ac-
tion or proceeding, shall pay the following service
charges.
(a) For all clams less than $100 .................$10.00.
(b) For all claims of $100 or more but less
than$1,000............................................................20.00.
(c) For all claims of $1,000 or more ..............25.00.
(d) In addition. for all proceedings of gar-
nishment, attachment, replevin, and distress ....25.00.
(e) For removal of tenant action ....................30.00.
Postal charges incurred by the clerk of the county court
in making service by mail on defendants or other parties
shall be paid by the party at whose instance service is
made. Except as provided herein, service charges for
performing duties of the clerk relating to the county
court shall be as provided in ss. 28-24 and 28 241. Ser-
vice charges in excess of those herein fixed may be im-
posed by the governing authority of the county by ordi-
nance or by special or local law, and such excess shall
be expended as provided by such ordinance or any spe-
cial Ajocal law now pir harebaflern providing and
LibMfemVilled
aintaining facilites, including a law library, for the use
Of the County count in the county in which the charis
r al aid ram All filing ees sha
onthly to 1 e co in the manner pre -
Scribed by the Auditor General
Attorney Albrecht emphasized that the County already has a
Law Library Ordinance where fees are collected separately; so, it
was the Judges' understanding of the Court Facilities Ordinance
that it was going to be used for court facilities. He went on to
explain that "court" in Black's law dictionary is synonymous with
"judge" facilities not with "courthouse," which at one time
contained in addition to the courts, the Sheriff, the Clerk, the
Veteran's Office, and any number of other entities.
Chairman Scurlock noted that this year there is a shortfall
for the Public Defender, which actually is legal aid, and we
funded that. He discussed the possibility of taking those monies
from this fund.
Attorney Albrecht did not know if that i,s considered legal
aid; that is a defense fund; and basically you are helping
28
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M
someone to defend their constitutional rights. Legal aid is
helping indigents in a civil situation, and he reported that the
Bar Association now has an on-going very good legal aid service,
where the Bar members must take such referrals at no charge. He
continued to argue that the Law Library would not be included in
the Court Facilities Ordinance because that is in a separate
ordinance; legal aid is also not in that ordinance and, in
addition, it is being handled directly. The Statute says that
the money shall be expended "as provided by the ordinance. " The
ordinance simply says "court facility," and the Judges intended
it to mean facilities for the Judges not the Clerk.
Commissioner Wodtke asked if Attorney Albrecht was saying
that the Judges feel the Clerk is not part of the court system,
and Attorney Albrecht stated that they do not think the Clerk's
involvement is part of "the court facility."
Board members felt that is a narrow interpretation, and
Chairman Scurlock believed the people who wrote the ordinance
should know more what they intended than the Judges.
Commissioner Lyons expressed his feeling that the televised
first appearance is very much a part of the courtroom procedure.
Attorney Albrecht advised that the Judge did agree part of
the video system is court related.
Argument continued at length regarding what the ordinance
says; what the Judges think it says; and the fact that what they
really want is a new courtroom and additional space.
OMB Director Baird clarified that the Judges did bring up
the courtroom during the budget hearing, and the Board said we
did not have the funds this year.
Chairman Scurlock noted that we did discuss space require-
ments; now is the time to get into a posture to provide the space
when needed and that need is close at hand.
Commissioner Bird felt we should have some statistics from
the Court Administrator Dave Douglas as he is the one who
schedules the courtrooms.
29
SEP 0 1986 Bao G��.6
SEP
9 1986
BOOK 65
FmU-t
Attorney Albrecht
agreed that can be done, but believed
the
need is obvious.
The Chairman believed that when the Sheriff moves out of the
Courthouse Annex into his new complex, it was part of the plan
for that part of the Annex to become available for another
courtroom. In the long range he felt we eventually will have a
criminal justice complex and then possibly the old facilities
could be used for County Court.
Attorney Vitunac advised Attorney Albrecht that in order to
respond to Judge Smith, he needs to know if the Judge is
abandoning his request for reimbursement.
Attorney Albrecht stated that he would have to talk to the
Judge directly about that. He believed what the Judges basically
want is to direct those funds from now on specifically to the
Judges' own court facilities, and they would like to be able to
retain an architect start drawing plans for the new courtroom.
Question arose re the amount in the fund now, and Director
Baird stated approximately $70,000. Attorney Vitunac advised
that he needs the Commission to deny the request for reimburse-
ment formally, and that is what he would recommend as he felt the
expenditures made from the fund were legal. He also needs to
know if they wish the Judges to sign off on expenses out of this
_.fund in advance. Board members indicated that they did not.
OMB Director Baird reminded the Board that in the next
year's budget, we already have authorized expenditures from this
fund for an atomic recorder for the Clerk for use in the court
and for additional CRTs in the courtroom.
Commissioner Bird suggested that we move ahead and deny the
request for reimbursement and state as diplomatically as we can
that we will continue to make the decisions and interpret the
ordinance as to how these funds are expended, but agree we will
proceed with the initial steps of planning an additional
courtroom with the funds to be expended out of the Court
Facilities Fund.
30
�r t■�r
ON MOTION by Commissioner Bird, SECONDED by Com-
missioner Lyons, the Board unanimously agreed to
proceed as suggested above by Commissioner Bird.
PUBLIC HEARING - WATER IMPROVEMENTS GLENDALE LAKES SUB. (48th
AVE)
The hour of 9:30 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof
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
r!I_A_.
a
in the matter of
in the Court, was pub-
lished in said newspaper in the issues of �11/� 4
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, weekly and has been entered
as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida
for a period of one year next preceeding the first publication of the attached copy of adver-
tisement; and affiant further says that he has neither paid nor promised any person, firm or
corporation any discount, rebate, commission or refund for the purpose of securing this adver-
tisement for publication in the said newspaper.
Sworn to and subscribed before me
►
(Clerk of the Circuit
(SEAL)
of Z, A.D.
ATTEST:
-s-Freda Wright, Clark 0: -
Approved as to form
and legal sufficiency:
-s-Charles Vitunac
County Attorney
PLEASE TAKE FURTHER NOTICE that at, the
same public hearing, the Board of County Com-
missioners shall also hear all interested persons
regarding the proposed ASSESSMENT ROLL for
the improvements described in the above resolu-
tion. The Preliminary Assessment Roll and Ped -
Non is currently on file with the County Division
of Utility Services and the office of the County
Administrator and is open for inspection be-
tween the hours of 8:30 A.M. AND 8:30 P.M.,
Monday through Friday.
If a person decides to appeal any decision made
by the Commission with respect to any matter
considered at this hearing, he will need a record
of the proceedings and that, for such purpose,
he or she may need to ensure that a verbatim
record of the proceedings is made. which record
includes the testimony and evidence upon which
the appeal is to be based.
INDIAN RIVER COUNTY
L.S. THOMAS
COUNTY ADMINISTRATOR
Aug. 20. 1988.
`Nu
SEP 9 o
a
Manager)
Indian River County, Florida)
31
of Publication
— - PURM NOTIca
PLEASE TAKE NOTICE that the Board of County _
Commissioners of Indian River County. Florlda,
will hold a public hearing at 8:30 a.m. on Tues-
day. Sept 9, 1888, In the Commission Chambers
located at 1840 25th Street Vero Beach, Florida,
to Consider adoption of the following proposed
resolution: '
RESOLUTION NO. IIS -
A RESOLUTION OF THE BOARD OF -
COUNTY COMMISSIONERS OF INDIAN -
RIVER COUNTY, FLORIDA, PROVIDING'
FOR CERTAIN WATER IMPROVE-
MENTS TO 48TH AVENUE IN GLEN -
DALE' LAKES SUB -DIVISION BETWEEN
STH PLACE AND 10TH STREET,
PROVIDING THE TOTAL ESTIMATED
COST, METHOD OF PAYMENT OF AS-
SESSMENTS, NUMBER OF ANNUAL IN-
STALLMENTS, AND LEGAL DESCRIP=
TION OF AREA SPECIFICALLY
SERVED. _
WHEREAS, The Indian River County Utilities
Department has received a public improvement -
petition, signed by more than two-thirds of the
owners of property in the area to be specifically
benefited, requesting water improvements within
the Glendale Lakes Subdivision along 48th Ave-
nue between 8th Place and 10th Street and
WHEREAS, the petition has been verified and
meets the requirements of Ordinance 81-27; and
WHEREAS, conceptual design work including
cost estimates has been completed by the Divi-
sion of Utility Services and their contracted engi-
neer, Masteller and Molar Associates, Inc.; and
WHEREAS; the total estimated cost of the pro.
posed water imp►ovemerits is 547,200.00; and
WHEREAS, the special assessment prodided
hereunder shall be an equal proportion of 100%
of the cost of the project, less adjustments by
utilities department for each given record owner
of property within the specific area benefited.
and on which a residence is located or capable
of being located, and shall become due and pay-
able at the Office of the Tax Collector of Indian
River County ninety (90) days after the final
determination of the special assessment pursu-
ant to Ordinance 81-27; and
WHEREAS, all special assessments not paid
within said ninety (90) day period Shall there-
upon become payable in equal Installments In
each of the succeeding five years with interest
established by the Board of County Commission-
ers from the expiration of said ninety (90) days,
payable annually; but any assessment becoming
so payable in Installments may be paid at any
time together with interest accrued thereon to
date of payment; and
WHEREAS, after examination of the nature
and anticipated usage of the proposed improve-
ments, the Board of County Commissioners has i
determined that the following described proper-
ties shall receive a direct and special benefit
from these improvements, to wit
LOTS 8 THROUGH 10, BLOCK 2. LOTS
1 THROUGH 13, BLOCK 3, AND LOTS 7
THROUGH 11, BLOCK 4, AS SHOWN ON
THE PLAT OF GLENDALE LAKES SUB.
DIVISION, PSI 6.26.
NOW THEREFORE, BE IT RESOLVED BY THE i
BOARD OF COUNTY COMMISSIONERS OF IN-
DIAN RIVER COUNTY, FLORIDA, as follows:
1. The foregoing recitals are affirmed and
satisfied in their entirety.
2. A project providing for water improvements
within 48th Avenue between 8th Court and 10th
Street, heretofore designated as Indian River
County Utilities Project Number WW88-09-DS, is
hereby approved subject to the terms outlined
above and all applicable requirements of Ordi-
nance 81-27.
The foregoing resolution was offered by Com-
missioner , who moved its
adoption. The motion was seconded by Commis-
sioner , and upon being put to
vote, the vote was as follows:
Chairman Don C. Scurlock,
Jr.
Vice -Chairman Patrick B.
Lyons
Commissioner Richard N.
Bird
Commissioner Margaret C. Bow-
man
Commissioner William C. Wodfke,
Jr.
The Chairman thereupon declared the resolu.
tion duly passed and adopted this -
day of BOARD OF COUNTY COMMISSIONERS
y')f, OF INDIAN RIVER COUNTY, FLORIDA
gQoK
D j CY irman Scurlock. Jr.
F
SEP 0 1986 BOOK 65 PAGE652
Ron Brooks, Environmental Engineering Specialist of the
Utilities staff, made the following presentation:
TO: BOARD OF COUNTY COMMISSIONERS DATE: AUGUST 19, 1986
THRU: TERRANCE G. PINTO'
FROM: RONALD R. BROOKS M
Y/
SUBJECT: PUBLIC HEARING TO CONSIDER A
RESOLUTION PROVIDING FOR WATER
IMPROVEMENTS IN GLENDALE LAKES
SUBDIVISION ON 48TH AVENUE BETWEEN
8TH COURT AND 10TH STREET AGREEMENT
FOR ENGINEERING SERVICES
REFERENCES: RESOLUTION, PRELIMINARY ASSESSMENT ROLE,
ENGINEERING COST
ESTIMATE AND SERVICES AGREEMENT, AND
PETITION FOR WATER SERVICES
DESCRIPTION AND CONDITIONS
t4
A petition for water improvements (Exhibit I) was received on April
10, 1986, from-. property_owners within Glendale Lakes Subdivision on
48th Avenue between 9th Court and 10th Street. A cost estimate and
proposal for engineering services (Exhibit II) was subsequently
prepared by=the engineering firm Masteller and Moler Associates, Inc.
-The Division of Utility Services then prepared a Preliminary
Assessment Role (Exhibit III) and determined a total estimated cost of
$39,270.D0 to the property owners for the water improvements.
The proposed project will initially be paid with funds in the Utility
Impact Fee Fund.
Advertisement of the public hearing and preliminary assessment role
was provided by public notice (Exhibit IV) in a local newspaper and
-all property owners have been notified by certified mail (Exhibit V)
pursuant to the requirements of Ordinance 81-27.
RECOMMENDATION
After consideration of the public input at the public hearing, staff
recommends the following:
1) The Board adopt the resolution (Exhibit VI) providing for the
construction of water improvements subject to the terms of the
Resolution and with an interest rate of 12%.
2) The Board approve the preliminary assessment role with any
changes that may be required by the Board as a result of the Public
Hearing.
3) The Board authorize the use of water Impact Fees to fund the
subject project.
4) The Board authorize the Chairman to execute the Scope of
..Services for Engineering Services proposed by Masteller and Moler
Associates, Inc.
5) The Board authorize the Division of Utility Services to
advertise for bids and proceed with the construction of the subject
water improvements..
32
The Chairman believed this will be the first of many such
petitions that we will receive. River Shores is right behind
with a similar petition.
Commissioner Wodtke asked if this is the first street or
whether staff tried to get others in Glendale Lake to participate
also.
Engineer Brooks advised that staff responded to the
petitioner's request; staff did not go out and try to solicit
them. He further explained that the system will be designed to
accommodate the general area and there are certain aspects of
construction the.Utility Department will assume because of that.
Commissioner Wodtke asked if $2,100 per person is basically
just the cost of getting water there.
Engineer Brooks confirmed that the cost set out here is
strictly for installation of the line, and there will be impact
fees and connection fees in addition: The impact fee pays for
the plant capacity.
Assistant Utilities Director Barton cited the following
costs: $115 for a meter, $40 security deposit, and $1,140 impact
fee in addition to the assessment, or approximately $3,400
altogether to get water.
Chairman Scurlock noted this is handled the same as we have
every other such project; for example, on Route 60 we expanded
the central trunk system and then each developer had a require-
ment to get to that system.
Commissioner Bird realized this matter is not totally
related, but there is no logical reason for the County to own a
bunch of little lakes completely surrounded by private homes in
the middle of a subdivision, and he hoped that we could find some
way for the Home Owners Association to own those lakes.
The Chairman asked if anyone present wished to be heard.
Frank Browder, 4741 9th Place, advised that his only
question was if he could have access to the water if and when
33
SEP 9 1986
BOOK 65 Fa;F 653
r
SEP 0 1986 BOOK 6 5 PA -C 654
they come off 9th Place rather than off 48th Avenue as he felt
that would be more beneficial for him.
Engineer Brooks noted that under the ordinance we are to
assess those properties that do benefit. The water line will run"
along the side of Mr. Browder's property, and the service will be
available when he so chooses.
Discussion continued as to exactly what Mr. Browder's
problem was, and Engineer Brooks explained that his property is
located on the corner of 48th Avenue and 9th Place and he would
prefer to tie in when the line comes down 9th Place.
Commissioner Bird pointed out that Mr. Browder has more
frontage on 9th Place and the assessment might cost more, but Mr.
Browder_argued that the installation to come across his property
would cost more.
Discussion continued at length, and Attorney Vitunac advised
that if Mr. Browder has a physical ability to hook up, he will be
charged. If he wants to hook up when the line goes down 9th
Place, he will not be charged again, but he must pay now.
- Chairman Scurlock noted that, in other words, the interpre-
tation of the Attorney is that Mr. Browder benefits from the
improvement, and, therefore, would have to be included in the
assessment roll.
It was determined that no one further wished to be heard.
Discussion ensued regarding a Motion to approve the five
recommendations in staff's memo, and Chairman Scurlock had a
question in regard to No. 4, which is to execute the Scope of
Engineering Services proposed by Masteller & Moler Associates.
He has noticed in our engineering agreements in utilities that we
do not have a provision requiring insurance, and in all the other
public works engineering division we do. He felt it should be
required that all the consultants and engineers who work for us
have an appropriate amount they include for insurance so we are
protected.
34
)SEP
OMB Director Baird concurred that we should add a clause to
their contract requiring Errors & Omissions and Liability
insurance.
It was decided to vote on the remaining items and deal with
that question separately.
Commissioner Lyons inquired why the interest rate is set at
120, and Assistant Utilities Director Barton explained that at a
earlier meeting it had been agreed to set the rate once a year
instead of continuing to react to the market.
Chairman Scurlock concurred and noted that actually the
County doesn't want to be in the finance business.
ON MOTION by Commissioner Lyons, SECONDED by Com-
missioner Bird, the Board unanimously adopted
Resolution 86-56 providing for the construction of
certain water improvements in -Glendale Lakes Sub.
at an interest rate of 12% and approved staff
recommendations Nos. 1, 2, 3 and 5 as set out in
the above memo dated August 19, 1986.
35
BOOK 6 o mU- 65
Fr -
SEP 0 198
BOOK 6 5 F'AGE 656
RESOLUTION NO. 86- 56
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, PROVIDING FOR CERTAIN WATER
IMPROVEMENTS TO 48TH AVENUE IN
GLENDALE LAKES SUBDIVISION BETWEEN
STH PLACE AND 10TH STREET, PROVIDING
THE TOTAL ESTIMATED COST, METHOD OF
PAYMENT OF ASSESSMENTS, NUMBER OF
ANNUAL INSTALLMENTS, AND LEGAL
DESCRIPTION OF AREA SPECIFICALLY
SERVED.
WHEREAS, The Indian River County Utilities Department has
received a public improvement petition, signed by more than
two-thirds of the owners of property in the area .to be
specifically benefited, requesting water improvements within the
Glendale Lakes Subdivision along 48th Avenue between 8th Place
and 10th Street; and
WHEREAS, the petition has been verified and meets the
requirements of Ordinance 81-27; and
WHEREAS, conceptual design work including cost estimates has
been completed by the Division of Utility Services and their
contracted engineer, Masteller and Moler Associates, Inc.; and
WHEREAS, the total- estimated cost of the proposed water
improvements is $47,200.00; and
WHEREAS, the special assessment provided hereunder shall be
an equal proportion of 100% of the cost of the project, less
adjustments by the Utilities Department, for each given record
owner of property within the specific area benefited, and on
which a residence is located or capable of being located, and
shall become due and payable at the Office of the Tax Collector
of Indian River County ninety (90) days after the final
determination of the special assessment pursuant to Ordinance
81-27; and
WHEREAS, all special assessments not paid within said ninety
(90) day period shall thereupon become payable in equal
installments in each of the succeeding five years with interest
established by the Board of County Commissioners from the
expiration of said ninety (90) days, payable annually; but any
36
SEPL_:
assessment becoming so payable in installments may be paid at any
time together with interest accrued thereon to date of payment;
and
WHEREAS, after examination of the nature and anticipated
usage of the proposed improvements, the Board of County
Commissioners has determined that the following described
properties shall receive a direct and special benefit from these
improvements, to wit:
F,
LOTS 6 THROUGH 10, BLOCK 2, LOTS 1
THROUGH 13, BLOCK 3, AND LOTS 7
THROUGH 11, BLOCK 4, AS SHOWN ON
THE PLAT OF GLENDALE LAKES SUB- - -
DIVISION, PBI 6-26. -
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY -
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The foregoing recitals are affirmed and satisfied. in =
their entirety.
2. A project providing for water improvements within 48th
Avenue between 8th Court and 10th Street, heretofore: designated
as Indian River County Utilities Project Number UW86-09-DS, is
hereby approved subject to the terms outlined above and all
applicable requirements of Ordinance 81-27.
The foregoing resolution was offered by -Commissioner
Lyons who moved its adoption. The motion was
seconded by Commissioner IVodtke , and upon being put
to vote, the vote was as follows:
Chairman Don C. Scurlock, Jr. Aye
Vice -Chairman Patrick B. Lyons Aye
Commissioner Richard N. Bird _eye
Commissioner Margaret C. Bowman Aye
Commissioner William C. Wodtke, Jr. Aye
The Chairman thereupon declared the resolution duly passed
and adopted this 9th day of September , 1986.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By
Don C. curloc , 'J
Chairman
37
BOOK 65 �v-E 657
S E P
9
1966
BOOK 65 FaE
6,5.8
The Board returned to Recommendation No.
4 re Masteller &
Moler, and discussed what an appropriate amount of insurance
would be.
OMB Director noted that they have a lot of work with us, and"
he suggested a minimum of a one million dollar policy for
liability and E80 insurance.
Chairman Scurlock agreed that Masteller 6 Moler are involved
with projects for the County totaling possibly 14-15 million
dollars.
Commissioner Wodtke felt a concern that we will have some
exposure and believed we already are facing a potential suit on a
road situation involving a contractor of record who was negligent
about proper barricading.
ON MOTION by Commissioner Lyons, SECONDED by Com-
missioner Bowman, the Board unanimously approved the
!Scope of Services agreement proposed by Masteller &
Moler Associates, Inc., and authorized the Chairman's
- signature with the understanding that their liability
insurance shall be at least one million dollars.
SAID AGREEMENT WILL BE MADE A PART OF THE RECORD WHEN FULLY
EXECUTED AND RECEIVED.
COMMISSION MEETING DAY
The Chairman reviewed staff memo, as follows:
TO: County Commissioners DATE: September 3, 1986 FILE:
SUBJECT: Second meeting in November
FROM: Alice E. White REFERENCES:
Administrative Aide I
The second Tuesday in November falls on November 11, which is a
holiday. Is it your desire to meet on Wednesday, November 12,
or skip the Commission meeting for that week.
Please advise me of your decision.
38
0
Commissioner Wodtke raised a question about the wisdom of
continuing to hold the Commission meetings on Tuesdays rather
than Wednesdays.
In discussion it was noted that the majority of conventions,
seminars, etc., begin on a Wednesday, and it was generally agreed
to stay with the Tuesday meetings and to skip the Commission
meeting of November 11th.
SANDRIDGE GOLF COURSE TRAFFIC IMPACT FEE
Planning & Development Director Keating informed the Board
that he, Public Works Director Davis, Traffic Engineer Michael
Orr, and Chief Planner Shearer, met and discussed the impact fees
for golf courses, and they have come up with a couple of fees per
parking space based on the two trip generation rates of 1.8 and
5.3, which were the low and the average rates in the ITE Manual.'
They all felt, however, that the: best method to approach thi-s
would be to put a traffic counter out at Sebastian Municipal Golf
Course which is quite comparable and then hopefully come back
with a better fee in a week.
Chairman Scurlock felt our discussion had been that we were
going to take the low end, and Commissioner Bird thought we were
going to go by traffic spaces rather than traffic count. It was
explained there is a multiplier times the parking space based on
traffic generation which must be determined.
Acting Administrator Thomas stated that the real problem is
that this matter was not addressed properly to begin with. He
felt we should move ahead on determining these fees because there
will be other golf courses built in the area and what we come up
with should be correct and reasonable.
Director Keating pointed out that it was the consultant's
opinion that we should structure the ordinance as we did, and
there were certain reasons to keep the number of land uses
limited.
39
BOOK 65 PAGE 6,59
Fr-
S E P 1986
BOOK
65 Pmir
-1
660
Acting Administrator Thomas
did not understand,
if the
arrangement
consultants did such a good job, why on three different occasions
he was given different figures starting at $58,000 and now
ranging down to $18,000.
Chairman Scurlock did believe the intent was to have a
minimum number of categories, and further, the methodology for
computing the fee was taken from three different counties. Any
time you have flexibility, it becomes difficult because you have
interpretation involved. He believed the Commission is
indicating that we would like to do it like Palm Beach County;
that we do not feel the golf course has a tremendous impact from
the traffic standpoint; and that we are saying we don't want to
have a $58,000 impact fee for golf courses.
Commissioner Wodtke pointed out that we must apply the same
criteria to all golf courses, existing and potential, and if we
make the fee tod Vow, we may lose in the long run.
Public Works Director Davis stated that it is really a
simple thing - there are only two ways to calculate, either based
---on acreage or on number of parking spaces, but the range in the
multiplier for the parking space- can go from 1.8 to 16.4.
In further discussion, it was noted that acres don't
generate traffic, and it was felt parking spaces make more sense
_in this case.
Commissioner Wodtke felt it is quite easy to figure out how
many people are going to play on the course, based on the length
of time it takes to play a round, etc.
It was agreed that staff will do a traffic count and come
back to the Board next week with their recommendation.
GOLF DIRECTOR FOR SANDRIDGE GOLF COURSE
Commissioner Bird noted that at the last meeting the Board
asked him to go back to the person he recommended for Golf
Director
of Sandridge
Golf
Course and
negotiate
a slightly
different
arrangement
than
originally
proposed.
He has done
40
110
that, and Mr. Komarinetz has agreed to take the position for a
base salary of $35,000 per year and also agreed that he will
rebate the County 250 of his fee on all lessons he gives. We
agree to provide a bucket of balls to the person taking the
lesson, which is standard procedure in the industry. With those
stipulations, Commissioner Bird recommended that we hire Bob
Komarinetz as Golf Director and that he start full time the 1st
of November. He advised that he has asked the County Attorney to
prepare a contract to cover the Golf Director's services between
now and November.1st when he will be doing a great deal of work
for the county prior to going on the payroll full time, i.e., he
will be visiting other public golf courses to gather informa-
tion, starting to prepare his budgets and work schedules, and
helping make
many of
the decisions
that
need to be made on a
daily basis
from now
until we open
the
course, which still is
projected to be the first of February.
Chairman
Scurlock did
not see why we
could not just go ahead
and start the
Golf Director
full time now,
and Acting
Administrator Thomas concurred that the convenience of -having him
on board full time will pay for the difference in that period of
time and there won't be a question about which days he works.
Commissioner Bird reported that Mr. Komarinetz is ready to
start full time, and felt he can be of great help to us.
Commissioner Wodtke had a question about the merchandise
sales, and Commissioner Bird advised that the Golf Director will
get no percentage of the merchandise sales.
ON MOTION by Commissioner Bird, SECONDED by Com-
missioner Bowman, the Board unanimously approved
the hiring of Robert Komarinetz as Golf Director
of Sandridge Golf Course on the terms described
by Commissioner Bird, effective immediately.
41
SEP 0 1986 BOOK 65 PgE 661
L_
BOOK 65 F'vH 662
SEP 9 1986
REPORT ON STATUS OF GOLF CLUB AND FUND RAISING
Commissioner Bird reported that things are moving along
well; most of the major things are behind us, and we do have
water flowing. The final rough shaping will be completed this
week on all 18 holes and the driving range. Architect Ron Garl
will be here Saturday afternoon and give his final approval to
the final contour prior to planting. Somewhere around the 1st of
October the entire course should be planted, and then the
contractor will have finished his job. We are probably two to
three weeks behind schedule, but if we can get at least sixty
days of warm weather, Commissioner Bird believed the grass will
be established for the opening scheduled for February 1st.
Commissioner Bird then informed the Board that the fund-
raising activity for the golf club was kicked off a few months
ago with a contribution from some local people who gave us an
initial= $10,000 to get started. Now that the golf course is
pretty well under way, he would like to concentrate hard on the
---fund raising effort. He continued that he has been working with
staff and a local printer on a brochure which they would like to
produce to use as a sales tool to generate donations. It will
cost approximately $3,500 for 2,500 copies, and be paid for out
_of the initial $10,000 donation. The brochure will be patterned
after one produced by the. City of Seattle to raise donations for
various projects in the City. Their brochure contained pictures
of items they need that could be contributed ranging from a water
fountain to a new leopard for the zoo to a new art center.
Commissioner Bird then read aloud a letter to be included in
the brochure, on which he would like the'Board members' names to
appear. This letter explains about the golf course, the items
which can be contributed towards, including pictures of the
equipment needed, and advises donors that contributions are tax
deductible.
42
MOTION WAS MADE by Commissioner Bird, SECONDED by
Commissioner Wodtke, to approve the proposed
brochure as described by Commissioner Bird.
Commissioner Lyons noted that the word "club" and "course"
appear to have been used interchangeably throughout and he wished
to know if we have a golf club or a golf course.
Commissioner Bird stated that he would consider the golf
course as just the part you play on and the club would be the
course plus the building and the other amenities. He noted that
it is not called "country club."
Commissioner Lyons was bothered by the idea of a club which
he felt would imply that we have some sort of membership
arrangement.
Chairman Scurlock believed there has been a lot of pressure'
for membership, but it has been resisted so far.
Commissioner Bird agreed that right now it is being recom-
mended that we do not get into a membership situation, but the
committee is keeping an open mind on this and feels there should
be some flexibility.
The Chairman felt dollars and cents are what will lae the
determining factor.
Commissioner Lyons stated that the use of the word "club"
was his only objection to the brochure, and Commissioner Bowman
also expressed her preference for the use of "course" instead of
"club."
Commissioner Bird felt that club is a better name and is a
little more prestigious than just a golf course. He again
emphasized that it is different than calling it a "country club."
Chairman Scurlock had the opposite feeling from Commissioner
Lyons re a club. He hoped that eventually we could have some
tennis courts and various other athletic amenities out there and
envisioned it as a complete recreational facility at sometime.
43
SEP BOOK 65' FA -U.663
S E P 9 1986 BOOK FA,E --
He did think we must express to the public that it is truly open
to the public on a non -discretionary basis.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried 4 to 1 with
Commissioner Lyons voting in opposition.
REPORT ON "CRACK" COCAINE SYMPOSIUM
Commissioner Bird summarized the following report for the
Board emphasizing that he hoped the Commission would take as
strong a stand as we possibly can on any matter coming before us
relating to the drug problem in the county:
TO: County uommlssloner.16
DATE: August 2Z,
FILE:
FROM:
Richard N. Bird
Commissioner
SUBJECT: Report on "Crack" Cocaine
Symposium
REFERENCES:
I attended a "crack" cocaine symposium today at the Expo Center
in Orlando, Florida. This symposium was put together by Senator
Lawton Chiles. There were between 400-500 people in attendance
made up of law enforcement people, elected officials, school
board members, concerned and interested citizens, and heads of
various other organizations.
The main message that Senator Chiles was trying to get across was
the fact that we are probably right now in the midst of the worst
drug epidemic in the history of the United States. The problem
is nationwide. This is coming in a new way of using a drug
called "crack" cocaine. The things that makes "crack" cocaine so
lethal and dangerous in comparison to other drugs we have had to
deal with in the past years, are:
1. It can be produced easily. It is a simple process to take
pure cocaine, mix it with water and baking soda and bake it
until it hardens; then it is cracked up into rocks
or cracked pieces which is then smoked in various types of
smoking devices and inhaled by the user.- It's simple
_ production makes it dangerous.
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2. It comes in small quantities and is easily concealed. it
makes it difficult on law enforcement to find the
substance on people.
3. It is relatively inexpensive. One of the rocks can be
purchased from $5.00 to $10.00 on the street.
Two things make the drug extremely dangerous; one is that it is
extremely addictive. Contrary to other types of drugs, it has
been proven that "crack" cocaine can create an addict with the
first time of use. A very intensive campaign will be initiated
over the next few months to get this information to the public.
There is a misconception that you have to use "crack" cocaine
several times before you can become addicted. It has been proven
that anywhere from 1 to 3 experiences with this drug can cause
someone to become an addict. The drug is very quick acting;
from the time someone inhales it, within 8-10 seconds it has gone
into their lungs, been transported into their blood system, and
then transported to the brain so they can get an immediate high
"- or rush which lasts from 5-10 minutes. Coming out of that high,
there is a period -of serious depression and a desire to get more
of the drug. The users go from an extreme high t- extreme
depression, and it is felt that it is while in the state of
depression that crimes are committed.
The other thing that makes it so bad is that the drug is
extremely lethal. Examples were cited of the athletes who
recently died after using "crack" cocaine. In both cases it was _
felt that it was probably the first experience for the athletes;_
they were probably using the stuff at a party to create a=-h-igh
and celebrate signing a big contrast, never dreaming that they
could O.D. on something the first time they used it. This drug
can be lethal to the first-time user or to the guy who is really
addicted to it.
There were several speakers on the program; -one of the heads of =
the Florida Department of Law Enforcement (FDLE) spoke about the
problem as far as law enforcement is concerned. A doctor who is
head of a large drug rehabilitation center spoke. He said he has
spent his life working with drug addicts, but this problem has
come on so fast that one year ago he didn't know what "crack"
cocaine was. Within a one year time period, -it now accounts for
the major amount of cases he has to deal with. FDLE published a
map where they shaded in the counties that they feel have an
acute drug problem as far as "crack" cocaine is concerned, and
Indian River County is one of the shaded areas, as is most of the
counties in the State of Florida.
In order to attack this problem, it has to come from several
sources:
1. Stronger law enforcement. The local law enforcement
agencies need to get tougher on apprehending anyone dealing
in the drug.
2. We need a tougher policy in the court system. The
sentencing guidelines related to "crack" cocaine are, in the
opinion of everyone attending the meeting, too lenient.
Senator Chiles has introduced three Bills in the Senate to
make it a much tougher sentence on first offenders and
multiple repeat offenders dealing in "crack" cocaine.
It was felt that we need laws making it a mandatory prison
term for anyone caught and convicted of selling "crack"
cocaine. There is also an additional Bill that would make
it a felony for anyone to employ a minor who would be used
in any way in the sale of "crack" cocaine, either as a
look -out, salesman, or various other ways they use children.
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3. We need a massive educational campaign starting in the
elementary grades.in school to properly educate and warn the
young people against "crack" cocaine or the use of drugs.
The speakers cited incidences where children as young as
7 years of age have been found to be addicts of "crack"
cocaine. It is not too soon to start in the early grades
in school to have an effective and continuous education
program warning kids about experimenting at all with
something as addictive as "crack" cocaine can be.
Sheriff Lamar of Orange County recently did a survey of various
people in his jail on drug related charges, and they found that
the average cocaine habit costs about $500 a week to support; 37%
of the people in that jail were addicted to cocaine either at
that time, or at one time or another.
4. We need more, and more effective rehabilitation centers for
those who are already addicted to help them get rid of the
habit and bring them back into society as productive people
rather than as dangerous drug addicts.
The Florida Department of Law Enforcement pointed out that they
felt one of the most important ways to stop this problem is to
stop the demand. -As long as there is a demand for anything,
someone will find a way of meeting that demand.
Because of the lack of adequate rehabilitation space, some
hospitals are experiencing a 120 day waiting list for admitting
drug addicts to their program. It is easy to see there is
potential danger running around the community when someone who is
a known drug addict has to wait 120 days to be admitted to a
hospital to start receiving help.
Some of the State Attorneys spoke for tougher sentencing
guidelines for judges to follow. They feel the Legislature needs
to -.address this.
Sheriff Dobeck was asked what he intended to do in dealing more
strongly with the problem in Indian River County, and he said he
was going before the County Commission next week asking for 6
additional people to concentrate primarily on the "crack" cocaine
problem in Indian River County. He also mentioned that he felt
school resource officers would be helpful in educating the
-_ children in.the schools.
One of the most impressive speakers was a young man named David
Skinner from Stuart, Florida. He was a clean looking man whose
parents are both in the school system in Martin County. He was
President of his Junior class when he became an addict on "crack"
cocaine. He is now on a treatment program, and apparently has
kicked the habit. He is now lecturing to adults and young people
on the problem. He made some excellent points as far as
parent-child relationships in a drug situation. He said parents
shouldn't confuse trust and love. He felt that because his
parents loved him, they just automatically trusted him. Parents
should be very conscious about where their children go, who their
friends are, what their habits are, and be aware of any symptoms
or signs that might lead them to believe that their child might
be getting involved with drugs. Parents must know the tell-tale
signs of drugs usage, and watch for them in their own children
and in the children of friends and others. If a symposium is
held in Indian River County, I would like to. ask David to come
here and speak.
I came back highly motivated. We need to face the reality of the
serious drug problem in Indian River County. We should try to
bring all the various individuals and organizations together" to
see what kind of plan we can come up with to try and eliminate
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the "crack" cocaine problem in Indian River County. I talked to
Sheriff Dobeck about having a symposium here.
I am asking the County Commission to spearhead this thing
arranging a time and place to hold a symposium, set up a program
involving some knowledgeable speakers, and encourage all the
local individuals and organizations to come together. We will
need a large facility to hold several hundred people, and it
might run from 2 to 4 hours. I would like to have a symposium
scheduled within a couple weeks. Senator Chiles' aide said they
would cooperate in any way they can to help line up speakers.
We will need the civic organizations, School Board, and PTA
organizations to play a strong role in educating our children.
Commissioner Bird advised that since writing the above
report, he has learned that others have picked up on this, and
St. Edwards School is putting together such a symposium to be
held next month. He believed we have supported the Sheriff re
his program with the schools and stressed that we have got to get
to the young people in the elementary schools and educate them;
we can't wait. We must take as aggressive a stand as possible to'
try and eliminate this problem in the county. Commissioner Bird
noted that we have received a Resolution from the Town of Indian
River Shores expressing their concern, and we have also received
the following letter from Andrew Mustapick of Timber Ridge Tennis
Ranch complaining about illegal drug activities taking place on
Oslo Road on "county -owned" land, citing housing violations,
illegal electric hookups, etc. He did not know if we are doing
everything we can through our Code Enforcement Board.
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Mr. Don C. Scurlock, Jr.
Board of County Commissioners
1840 25th Street
Vero Beach, Florida 32960
BOOK 5 PA,F
September 2, 1986
Dear Mr. Scurlock and County Commissioners:
I write to you as a concerned resident and representative
of the Timber Ridge Village Condominium Association.
There is a small area of land Just north of Oslo Road
and west of Lateral J. Canal which is commonly referred
to by the sherriffs deputies as "The Horseshoe".
In this area, a- group of drug dealers and users live
and--. operate in it -legal shacks and trailers. Contiguous
to "The Horseshoe" is a county owned parcel of land about
12 acres in size on which the dealers openly sell drugs.
This -'county land is also used for ingress and egress by
them to the crack houses in "The Horseshoe. It is here
that dealers and pimps entrap '!young girls"from nice
Vero Beach familys into a life of drugs, prostitution and
- degradation.
Perhaps the county could fence or block off this county
owned land parcel.
Housing violations are so flagrant here that one look
would convince anyone that these shacks and trailers should
be condemned. No permits or C.O.'s have ever been issued
on most of them.
Many have no water or sewerage. Illegal electric hook-
ups run from one shack to another.
I am aware of the countys code enforcement agency,
however, it had simply not been effective in this area.
Officials have been quick and ready to state that these
shacks and trailers have been "grandfathered in." This
is and easy answer or "out" for anyone who wants to turn
away from controversy. It is to say that drugs and pros-
titution are "grandfathered in". Can shacks two weeks old
be "grandfathered in?" Will it take another fire, death
and lawsuit against this county to look into the shacks
wired from -one to another?
The noise coming from "The Horseshoe" is a disgrace.
It includes hard rock music played over loud speakers,
yelling, screaming, and noise from firearms (pistols, shot-
guns, and rifles).
Sheriff Dobeck has been doing an outstanding job in
controlling this volatile firecracker (The Horseshoe).
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As you are aware the spread of drugs (especially
crack) could be the single most important problem facing
our nation and our county. It spreads because it is allowed
to exist in a few tiny pockets like "The Horseshoe".
This county has the vehicle to wipe out drugs in the
Horseshoe area. That vehicle is the enforcement of existing
ordinances already on the books i.e.: the building code,
health, safety and welfare laws. If our county permits
the drug dealers an illegal base from which to operate
now, it may never again be able to control drugs and crima
In the future. Sheriff Hobeck wants to drive the dealers
out of Indian River County. He needs our support.
A noise ordinance would give him additional clout to
use with discretion to that end. Good citizens abide by
building and zoning laws. Why should criminals be granted
Immunity?
Thank you for your time and consideration of this
petition.
Sincerely,
1
Andrew J�Mustapick
Chairman Scurlock believed there was some miscommunication
there about "grand -fathering," because this is not done with
structures which are unsafe. He did believe we have the ability
to step in if there are code violations.
ON MOTION by Commissioner Lyons, SECONDED by Com-
missioner Bowman, the Board unanimously requested
that the Code Enforcement staff investigate the
allegations set out in Mr. Mustapick's letter of
September 2nd.
COUNTY POLICY RE NAMING BUILDINGS
Commissioner Bird commented that he had seen the letter the
Chairman had written Mr. Ramos, architect for the new County
Health Building, when he had inquired if it would be appropriate
that the building or a portion of it be named in honor of Dr.
Tucker, and the Chairman had replied it is not County policy to
name anything after anyone as it might cause injured feelings.
Commissioner Bird did not necessarily agree with that statement.
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Chairman Scurlock believed we refused to name the 17th
Street Bridge after someone, and we also refused to name the new
South County water -system and, in fact, didn't even put a plaque
there with the Commissioners' names on it. Based on these
several actions, he had felt this was the policy. He further
noted that he pointed out that while Dr. Tucker was very dear to
all of us, we also had Dr. Flood who served as County Health
Officer for 25 years.
Commissioner Bird felt it might be appropriate to name some
portion of the building for Dr. Tucker, and he believed it also
would be very appropriate to do something of the kind for Dr.
Flood.
Commissioner Wodtke concurred with having a plaque and
possibly naming a certain area, such as the prenatal clinic, in
honor of Dr. Tucker and also doing the same for Dr. Flood. He
did not= feel we should name the whole facility after someone.
Commissioner Bowman spoke of the practice of the City of
--Vero Beach of having a photo of the Councilmen and dates of their
service displayed in the City Hall, and the Chairman agreed it
would be nice to have similar pictures in the County chambers.
It was -agreed to think about this for the future.
Michael Galanis of Environmental Health informed the Board
that the staff of the County Health Department has established a
little fund in Dr. Tucker's name which already has contributions
of $250 or more, and it was staff's feeling that a conference
room or something of the sort could be named in his honor. There
also has been concern about Dr. Flood and possibly naming a
clinic area in his honor.
Commissioner Lyons agreed we certainly should take into
consideration -the feelings of the staff who have worked with
these people.
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OUT -OF -COUNTY TRAVEL
Chairman Scurlock wished some guidance. He informed the
Board that he has been invited by American Waterworks Association
to speak at their conference in West Palm Beach on financing
public utility systems and growth management. This is a confer-
ence he normally would attend, and he wished to know how the
Board felt his travel should be handled.
ON MOTION by Commissioner Wodtke, SECONDED by Com-
missioner Bird, the Board unanimously authorized
out -of -County travel for Chairman Scurlock to
attend the American Waterworks conference at West
Palm Beach on November 14, 1986.
There being no further business, on Motion duly made,
seconded and carried, the Board adjourned at 10:35 o'clock A.M.
ATTEST:
Clerk
SEP 0 1986
51
Chairman _
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