HomeMy WebLinkAbout10/14/1986Tuesday, October 14, 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,
October 14, 1986, at 9:00 o'clock A.M. Present were Don C.
Scurlock, Jr., Chairman; Patrick B. Lyons, Vice Chairman;
Margaret C. Bowman; Richard N. Bird; and William C. Wodtke, Jr.
Also present were Charles P. Balczun, County Administrator;
Charles P. Vitunac, Attorney to the Board of County
Commissioners; Joseph Baird, OMB Director; and Barbara Bonnah,
Deputy Clerk.
The Chairman called the meeting to order, and Commissioner
Lyons led the Pledge of Allegiance to the Flag,
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Scurlock requested the addition to today's Consent
Agenda of a proclamation honoring Public Works Director Jim
Davis.
Chairman Scurlock requested that Item 5Q - Organization of
Data Processing System - be removed from the Consent Agenda and
moved to the regular Agenda as Item 6B.
Commissioner Lyons requested the additions of a report on
the Transportation Planning Committee and approval of _
out -of -county travel for appropriate staff to go to Tallahassee
re a library grant.
OCT 14 1986 BOOK 66 H,"A 01
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OCT 14 1986 BOOK
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Wodtke, the Board unanimously added
and transferred items on today's Agenda as set out
above.
APPROVAL OF MINUTES
Chairman Scurlock asked if there were any additions or
corrections to the Minutes of the Regular Meeting of September
16, 1986 and the Regular Meeting of September 23, 1983.
Commissioner Wodtke noted that the Minutes of both meetings
stated that he was absent due to recuperation from heart surgery.
He wished to clarify that he did not have actual heart surgery,
but did go through an angino plasti procedure. He requested the
minutes of both meetings be changed to reflect this.
Commissioner Bowman noted that on Page 32 of the Minutes of
the Regular Meeting of September 23, 1986, it states: "Mr. Reider
had a conflict with the Grand Jury," and requested that it be
changed to read: "Mr. Reider had a conflict with the Grand
Jury's investigation of the Planning 8 Zoning Commission of the
City of Vero Beach."
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Lyons, on a vote of 4-0, (Commissioner
Wodtke abstaining as he was absent at both meetings)
approved the Minutes of the Regular Meetings of 9/16/86
and 9/23/86, as corrected.
CONSENT AGENDA
Chairman Scurlock asked that Items B 8 E be removed from the
Consent Agenda for discussion.
A. Application for New Concealed Weapons Permit
The Board reviewed the following memo dated 10/2/86:
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TO:
The
Honorable
Members of DATE: October 2, 1986
FILE:
the
Board of
County Commissioners
SUBJECT: Concealed weapons Permit -
New.
FROM: Charles P. Balczun (REFERENCES:
County Administrator
The following person has' applied through the Clerk's Office for
a concealed weapons permit:
Bruce Alan Cannon
All requirements of the ordinance have been met and are in order.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Lyons, the Board unanimously approved
an application to carry a concealed weapons
permit for Bruce Alan Cannon.
B.— Ap_p_.l i ca -ti ons for new Concealed Weapons Permits:
The Board reviewed the following memo dated 9/19/86:
TO: The Honorable Members of DATE: September 19, 198(FILE:
the Board of County Commissioners
SUBJECT: Concealed weapons Permit -
New
FROM: Charles P. Balczun REFERENCES:
• County Administrator
The following persons have applied through the Clerk's Office
for new -concealed -weapons permits:
Eric Carl Fischer
Robert Boysel, Jr.
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BOOP( 66 P{GE 03
BOOK 66 P10E 04
Due to discrepancies concerning their arrest records, I have advised
each one, per the attached correspondence; their requests for
a concealed weapons may be denied by the Board of County Com-
missioners. They have been advised to be present for the meeting
of October 14th if they have additional information. -
Chairman Scurlock felt that Mr. Fischers's record raises the
question of whether he should be issued a permit to carry a
concealed weapon, and Commissioner Bird had the same concern.
Eric Fischer asked if his driving violations was a part of
that, and Chairman Scurlock said his driving behavior is part of
that.
Commissioner Wodtke explained that some of those violations
were received for driving over the Tunes, and Mr. Fischer
confirmed that most of those tickets were received because he was
driving his motorcycle on rights-of-way.
Chairman Scurlock noted that the report revealed numerous
misdemeanor violations, traffic violations, damage to the sand
dunes with a vehicle, driving on a suspended license, and 12
traffic related arrests, which included two accidents. He felt
Mr. Fischer's record raises a question of whether he could live
up to the rules and regulations for carrying a firearm.
Mr. Fischer explained that the two accidents were not his
fault, and that he is requesting a permit for the reason of self
protection because he carries a payroll and collects guns.
Commissioner Wodtke reported that he talked with Mr.
Fischer's father about this situation, and confirmed that Eric
does work in the business and does deliver the payroll. Mr.
Fischer's father also disclosed that Eric has been helpful in
some investigative work in the Sheriff's Dept.
Mr. Fischer stated that he had planned to keep that private.
Commissioner Lyons asked the date of the most recent
violation, and Mr. Fischer stated that he received a speeding
ticket about a month ago.
4
MOTION WAS MADE by Commissioner Lyons, SECONDED
by Commissioner Bowman, that Eric Fischer's application
to carry a concealed weapon be denied, and that when
the applicant can show 18 months without a violation of
the law, the Board will consider a new application.
Under discussion, Commissioner Bird pointed out that there
is a specific question on the application which asks if the
applicant ever has been arrested or convicted, and that Mr.
Fischer answered "NO" to this question. He realized that many of
these violations happened when Mr. Fischer was younger, but felt
there was a trend here.
Commissioner Wodtke pointed out that Mr. Fischer does carry
a payroll, and believed the 18 -month waiting period was rather
long. He wondered if the Board would consider allowing Mr.
Fischer to reapply after coming in and giving a full description
of all violations.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
was voted on and carried by a vote of 4-1,
Commissioner Wodtke dissenting.
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Bowman, the Board unanimously approved
the new application to carry a concealed weapon for
Robert Boysel, Jr.
C. Fiscal Year 1986-1987 Contract Between Indian River County
and Dept. of Health & Rehabilitation Services
The Board reviewed the following memo dated 9/30/86: _
5
BooK 66 FA,E 05
OCT 14 1986 BOOK 66 FAGEL 06 -7
STATE OF FLORIDA
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES
INDIAN RIVER COUNTY PUBLIC HEALTH UNIT
2525 14TH AVENUE ENVIRONMENTAL HEALTH
VERO BEACH. FL 32960 184025TH STREET -SUITE N -11a
TELEPHONE_ (305) 567.1 101 VERO BEA.Po7V '3296( „
SUN -COM 451-5302 TELEPMON@713051-561.6t EXT. 229
September 30 1986 s,ml-cow° 424:,z
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FROM: Indian River County Public Health Unit
"�!G? Civ
SUBJECT: Contract between Indian River County and State of Florida
Department of Health and Rehabilitative Services.
THROUGH: Indian River County Administrator - Charles Balczun
TO: Chairman of the Board, Indian River County Commissioners -
Pursuant to the Laws of Florida, Chapter 83-177, the County/State Contract
for Fiscal Year 1986-1987 is hereby enclosed.
After Board consideration, please have Chairman sign ten (10) copies of
the Contract and return to M. J. Galanis, Acting Director for the Indian
River County Public Health Unit:
M. (('J.�Galanis, M.P.H.
AcLg Director, IRCPHU
cc: Indian River OBM Director- Joseph Baird
HRS District IX Administrator - Edith Hoppe
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Lyons, the Board unanimously approved
the Contract Between Indian River County and.the
Dept. of Health & Rehabilitation Services for
Fiscal Year 1986-1987, and authorized the Chairman's
signature.
CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
6
D. Approval of Inter Agency/Public Works Agreement
The Board reviewed the following memo dated 9/25/86:
TO: BOARD OF COUNTY COMMI 10 ERS DATE: SEPTEMBER 25, 1986
FROM: TERRANCE G. PINT %
DIRECTOR OF UTILITY)`SERVICES
SUBJECT: APPROVE INTER AGENCY/PUBLIC WORKS AGREEMENT
BACKGROUND
In the past, the County has entered into an agreement with the
Indian River Correctional Institution to provide inmates to perform
various duties at the County landfill. The Institution provides one
supervisor and one vehicle each day to transport the inmates assigned `
to the landfill area and to provide supervision once there.
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve
and adopt the Agreement.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Lyons, the Board unanimously approved
the Inter Agency/Public Works Agreement, as
recommended by Utilities Director Pinto.
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L= AGMM / PUBLIC WORMS AGP.2-U.rT
600!( 66 F,�CE 08
This agreement made this 14th. day of nrt„hAr 19 86 between
INDIAN RIVER COUNTY LANDFILL , and the Florida Department of
Corrections, INDIAN RIVER CORRECTIONAL INSTITUTION is done so in accordance
with F1. Statute 946.40 and Department of Corrections' Rules, Chapter
33-3.017, whereby the parties agree as follows:
INDIAN RIVER
The Department of Corrections, CORRECTIONAL TNSTTTTTTTn t , agrees to:
1. Properly screen the inmates utilized so as to provide only suitable
inmates for the work to be performed and who the Department has no
reasonable basis to believe present a danger to property or persons.
2. Provide 6 six minimum/medium custody inmates each workday.
3. Provide 1 o�---__ vehicles and(l) one Correctional Officers each day
to transport said inmates assigned to the Landfill area and to
provide supervision as agreed.
4. Provide food for inmate lunches.
5. Be responsible for apprehending escapees. -
6. Be responsible for administering all disciplinary action against
infractions committed while under the supervision of the IRCI staff.
7. Be responsible for all medical expenses for ill or injured inmates,
shall include treatment or transportation of such inmates.
8. Provide orientation and training at a minimum of 8 hours to non -DC
employees prior to assuming supervisory responsibility of an inmate
squad.
9 Notify IRCI Shift Supervisor in the event one of their employee
supervisors fail to provide proper supervision of inmates.
10. Other.
Indian River Connty T.anrifill agrees to:
I. Provide the Department a schedule of 'yours which inmates will be
worked in accordance with the established workday for the
County T-ndfi33 and the transportation time required. Any deviation
from the established schedule must be reported and approved by the
Department of Corrections.
2. Transportation of inmates to and from work will be provided by
Indian River Correctional Institution.
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3. Provide all tools, equipment and personal items such as gloves,
'boots, hard hats, etc. necessary to perform work.
4. Immediately notify Department officials in the event an inmate
escapes while under their supervision.
5. Record daily the number of hours worked by inmates, on forms
provided by the Department and submit said forms on a monthly basis.
6. Report all injuries to inmates, regardless of how minor in nature,
to the Department as soon as is possible.
7. Report any inappropriate behavior displayed by inmates or any inmate
who fails to perform his tasks in an acceptable manner.
8. Provide inmates with a fifteen minute break in the morning and a�
fifteen minute break in the afternoon. Lunch breaks shall be a
minimum of 30 minutes.
9.k Make its staff available to the Department for training to include a
minimum of 8 hours of orientation prior to assuming responsibility
for the supervision of inmates.
Indian River
10. County Landfill agrees to provide assistance in the event
of an accident or injur•., to include routine first aid and
transportation back :.o the facility, or tc the nearest medical
facility.
11. Other.
Agreed to and signed this 14th day* of __ Ortnh .r 19${x_.
Kor' Departm t of Corrections Witness:
(Name)
Indian River Correctional Institution
Superintendent
Public entity
el -
Don . Scurlock, Jr.
( Name-)
Chairman
Board of County Commissioners
Indian River ounty, ori a
' (Title)
BOOK 66 PAGE 09
L O CT 14 1986
OCT 14 1996 BOOK 66 Na,t 10
E. Approval of Professional Engineering_ Services Agreement for
Drainage Study of Vero Lakes Estates
The Board reviewed the following memQ.dated 10/8/86:
TO: The Honorable Members of the DATE: October 8, 1986 FILE:
Board of County Commissioners
THROUGH:
Charles P. Balczun,
County Administrator SUBJE�+ m
`PTofessional Engineering Services
Agreement - Vero Lake Estates
Subdivision Drainage Study -
Beindorf and Associates
FROM: Janes W. Davis, P.E., REFERENCES:
Public Wor Director
DESCRIPTION AMID CONDITIONS
As authorized by the Board in July, 1986, staff has prepared and negotiated
the attached Professional Engineering Services Agreement for the Vero Lake
Estates Subdivision Drainage Study. The Agreement provides for a detailed
drainage study of the Vero Lake Estates area. County Survey crews will
acquire ire basic inventory data of the existing drainage system. The Engineer
will initiate the work by preparing horizontal and vertical control for
Aerial Photogrammetry Service, and assist the County in selecting an Aerial
Photogrammetrist. A Preliminary phase is required, after which the
Consultant shall prepare a preliminary report and present a preliminary
Master Plan to the Vero Lakes Estates NLSTU Advisory Committee. Once the
Preliminary plan is adopted, the Final Master Plan drawings, report, cost
estimate, phasing plan, etc. will be performed.
The Public Works Director and Engineer gave a presentation to the VIE
Property Owners Assoc. on Sept. 9, 1986 to describe the project. :.
ALTERNATIVES AND ANALYSIS
The cost of the work is as follows:
Engineering Services $ 76,625.00
Photogrammetxy (Estimate) 26, 000.00
Soil Investigation 5,000.00
Total $107,625.00
RECOVk=ATIONS AND FUNDING
Staff reeds that the Board authorize the Chairman to execute the
subject agreement. Funding to be from fund #185-214-541-033.13 Vero Lake
Estates MSTU. Approximately $60,000 currently exists in the fund and
another $60,000 is to be collected during FY86-87 from the $15.00 per
parcel -acre assessment.
10
Public Works Director Jim Davis explained that there was a
minor change on Page 12 of the agreement. Under Section 17-A-1
Liability, the second sentence needs to be amended to read: "The
consultant agrees to "indemnify and" hold the client harmless..."
MOTION WAS MADE by Commissioner Bowman, SECONDED by
Commissioner Lyons, that the Board approve the
Professional Engineering Services Agreement with
Beindorf and Associates for a drainage study of Vero
Lakes Estates, as amended by Public Works Director
Davis.
Under discussion, Commissioner Lyons questioned the spending
of $5,000 on a soil survey when there is an existing soil survey,
and Director Davis explained that the contract states that the
consultant will use the soil conservation service survey to the
maximum extent possible. Some percolation tests may have to be
done in certain areas in addition to the soil conservation
survey, and that $5,000 is an estimate of a maximum not to exceed
cost. -We may not need to use any of it, but staff would like the
flexibility to do so.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
F. Reports
Received and placed on file in the Offic'e of the Clerk:
Resolution adopting the Tax Rate and Certifying
the Levy of .049 mill for district purposes; and a
levy of .172 mill for greater St. John's Basin
Resol.ution adopting the Annual Budget for the St.
Johns River Water Management District for FY -1986-87
Resolution, Indian River Mosquito Control District, to
assess and levy against the taxable property within
said District to be paid into the District for the
operation of the District for the Fiscal Year 1986-87.
11
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BOOK 66 u,r 12
Certified copies of (4) Resolutions adopted by the
Trustees of the Indian River County-Hosp+tal District
on 9/18/86
Indian River County Hospital District Budget for _
FY 1986-87
G. _Acceptance of Fred West's Resignation from Public Library
Advisory Board
The Board reviewed the following letter dated 10/1/86:
601 21 st Street
Post Office Box 2767
Vero Beach, Florida 32961
305/567-8351 October 1, 1986
C. Fredrick West, President
Mr. Pat Lyons, Chairman
Public Library Advisory Board
Vero Beach, Florida 32960
Dear Mr. Lyons:
Please accept this letter as my formal resignation, effective this date.
My family and I will be relocating to the Sarasota, Florida area where
I have been given the opportunity to further my career goals with Barnett
Bank of Southwest Florida.
It has been my pleasure to have been associated with you.
I wish you continued success and hope that we will have the opportunity
to meet again.
Sincerely,
Barnett Bank of Indian River County
^' r
C. Fredrick West
President
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Lyons, the Board unanimously accepted
Fred West's resignation from the Public Library
Advisory Board.
H. Proclamation Honoring Fred West
The following proclamation was presented to Mr. West at an
earlier date:
12
PROCLAMATION
WHEREAS, C. Fredrick West is a Charter Member of, and
has conscientiously served on, the Indian River County Public
Library Advisory Board since its inception in August, 1985; and
WHEREAS, C. Fredrick West has demonstrated his leader-
ship qualities by serving as Chairman of the Property Site
Selection Committee of the Public Library Advisory Board; and
WHEREAS, C. Fredrick West has expressed dedication and
care for his community by volunteering his time and expertise to
serve as Treasurer of the Indian River County Library Association
Board of Trustees; and
WHEREAS, C. Fredrick West has shown his loyalty and
commitment to the Indian River County Public Library System by
actively participating in, and diligently working for, the
passage of the recent 5.9 million dollar bond issue;
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOAP.D OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the Board, on
behalf of itself, expressed gratitude to C. Fredrick West for his
distinguished record of service to the Indian River County
Library System and wishes him a long and successful future.
Dated this 6th day of October, 1986.
_ � y
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Don C. Scurlock, Jr.
Chairman
a rick B. Lyo s
Vice Chairman
and _
Chairman, Public Library
Advisory Committee
13 BOOK 13
OCT 14 1986
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-OCT 141996 BOOK 66
I. _DER/Army _Corps/DNR Permit Applications - Frank J. Rogala
The Board reviewed the following memo dated 9/29/86:
TO:_ The Honorable Members
of the Board of County
Commissioners
DATE: September 29, 1986FILE:
DIVISION HEAD CONCURRENCE:
or
ISI BJECT:
Robert M. Keating, A, -TCP
Planning & Development Director
THROUGH: Art Challacombe
Chief, Environmental Planning
FROM: Roland M. DeBlois
Staff Planner jiJAP
Environmental Planning
D.E.R., ARMY CORPS AND
D.N.R. PERMIT APPLICA-
TIONS
REFERENCES: Rogala
TM#86-733
Section DIS:ROLAND
F
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of October 14, 1986.
DEPARTMENT OF ENVIRONMENTAL REGULATION APPLICATION
FILE NO. 31-125252-4
Applicant: Frank J. Rogala
13535 83rd Avenue
Roseland, Florida 32957
Waterway & Location: The project is located in the
Sebastian River in Wauregan Subdivision, adjacent to Lot
4, Section 21, Township 30 South, Range 38 East, Indian
River County, Florida. The upland property associated
with the project is 13535 83rd Avenue in Roseland, located
in the unincorporated portion of the County.
Work & Purpose: The applicant proposes to construct a
private single L-shaped dock with a 5' x 142' main access
pier, a 30' x 6' terminal platform, and a 30' x 2' finger
pier (total square footage: 9501). 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
- Coastal Zone Management, Interim Goals, Objectives &
Policies for the Treasure Coast Region
- The Hutchinson Island Planning & Mana ement Plan
- The Indian River County Code of Laws and Ordinances
- Chapter 160-20, Florida Administrative Code
In the submitted application, Mr. Rogala has erroneously
indicated that the project is located in Section 21, Township
14
31 South, Range 36 East; the correct location of Bay Street
(83rd Avenue) is in Section. 21, Township 30 South,-- Range 38
East, Indian River County, Florida.
Section 16Q-20.04(5) of the Florida Administrative Code sets
forth specific standards and criteria for private residential
single docks constructed within the Indian River Aquatic
Preserve, among which is the following criterion:
Any main access dock shall be limited to a maximum width
of four (4) feet (Sec. 16Q-20.04 (5) (b) (1) , F.A.C.) .
It is staff's determination that the dockage project is located
within the Indian River Aquatic Preserve and, as proposed, does
not satisfy the above cited criterion.
The extent to which the submerged bottomlands of the proposed
project area will be impacted has not been determined; the
effect of Sebastian River development on ecologically valuable
seagrass beds should be considered.
RECOMMENDATION:
It is recommended that the Board of County Commissioners
authorize staff to forward the following comments _regarding
this project to the Florida Department of Environmental Regu-
lation:
1) The project is proposed to be located in Section 21,
Township 30 South, and Range 38 East, as opposed to the
incorrect information provided in the permit application.
2) The Department of Environmental Regulation and other
appropriate agencies should coordinate with the D.N.R., in
that the project as proposed is located in the Indian
River Aquatic Preserve and therefore subject to -require-
ments of Chapter 16Q-20, Florida Administrative Code.
3) The Department of Environmental Regulation and other
appropriate agencies should consider the potential cumula-
tive impacts of dockage projects upon the Florida Manatee;
4) 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 Sebastian River.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Lyons, the Board unanimously authorized
staff to forward the comments as set out in the above
memo to the DER.
J. Hobart Tower Emergency Generator
The Board reviewed the following memo dated 10/7/86:
a OCT 14 1986 15 _
BOOK 66 1
BOOK 66 PAGE
-TO: The Honorable Members DATE: October T, 198-6 FILE:
of the Board of
County -Commissioners -
THRU: Charles Balczun Hobart Tower
County AdministratorSUBJ ECT: Emergency Generator
H. T. "Sonny _ean
FROM: Director REFERENCES:
General Servi s
In the budget sessions for the 1986-87 Fiscal Year, General Services
requested monies to replace the subject piece of equipment. During
discussions of this line item, the Board decided to try and make the
present generator last for another year. This writer was willing to
take this posture, but stated that if it did not last, we would be
back requesting funds for this project. _
Last week the engine for the cr®nerator was found tohave mechanical -
difficulties that would require a major over_haul. The price to _
perform this work is $3,000. via Z zeds ---:_at the investment into
the engine could not be justified especially since the people who
performed maintenance on the generator advised us last year the work
they did could not be guaranteed over any specified period of time
due to the age of the equipment. In other words, we have no idea how
long the generator will be functional.
As you -know, most of the radio systems for Indian River County
emergency services are located at this site and must be=backed up
with an emergency generator. We cannot afford to take a chance with
a piece of equipment that -is not reliable.
The present generator is an ONAN 85 KW which was transferred from
Utilities. The proposed replacement that will satisfy the needs for
this facility would be a 35 KW 230 volt single phase which is less
expensive than the present equipment.
It is felt that the need is an emergency matter and would satisfy the
requirements that our present purchasing procedures specify for this
type emergency purchase.
Staff has been in contact with the known suppliers in our area with
the following results:
1. Supplier: C. Huntress Marine, Inc.
Fort Pierce, Florida
Equipment: ONAN
Price: $13,526
Delivery: 90 to 120 Days
Warranty: Five years or 1500 Hours from date of start up
with a labor allowance for the first two years.
2. Supplier: Jacobs Electric Motor Repair
Vero Beach, Florida
Equipment: WINCO
Price: $10,100
Delivery: 4 to 6 weeks
Warranty: One year
16
3. Supplier Hobart Brothers Welding
Do not supply equipment of this type.
4. Supplier: Kelly Tractor
Do not supply equipment of this type
5. Supplier: R. B. Grove, Inc.
No response
6. Indian River County Utilities does not have anything
available
Staff recommends that the Board authorize purchase of the Winco
generator and the order be placed immediately due to the critical
need for the equipment.
According to Joe Baird, Director, Office of Management and Budget,
the funds for this purchase will have to come from the contingency
fund.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Lyons, the Board unanimously approved
staff's recommendation and -authorized the purchase of
a Winco generator in the amount of $10,000, the order
to be placed immediately due to the critical need for
the equipment. _
K. Amendment to Contract with Auditors (Arthur Young 8 Co.)
The Board reviewed the following memo dated 10/8/86:
TO: The Hon. Board of County
Commissioners
FROM: Edwin M. Fry, Jr.
Finance Director
DATE: October 8, 1986 FILE:
SUBJECT: Amendment to Contract with Auditors
REFERENCES:
Arthur Young, CPA's have submitted an amendment to our
contract with them for the audit of the County's 1985/86
fiscal year financial statements. The amendment incorporates
the change in scope of the audit to require the auditors to
examine and provide an opinion on the combined, combining, —
individual, and account group financial statements for each
County agency. The fee is set not to exceed $81,000.00.
I recommend that the Honorable Board of County Commissioners
approve the amendment to the contract and authorize the Chairman
to sign the amendment to the contract.
17
Boor 66 pnsr� 17
®C 1 14 1986
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Lyons, the Board unanimously approved
the amendment to the contract with Arthur Young & Co.,
and authorized the Chairman's signature.
AMENDMENT TO AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO
THE BOARD
L. Acceptance of Bid for This Year's County Grapefruit Crop
The Board reviewed the following memo dated 10/7/86:
FLORIDA COOPERATIVE EXTENSION SERVICE
UNIVERSITY OF FLORIDA
INSTITUTE OF FOOD AND AGRICULTURAL SCIENCES
COOPERATIVE EXTENSION SERVICE AGRICULTURAL EXPERIMENT STATIONS
SCHOOL OF FOREST RESOURCES AND CONSERVATION
COLLEGE OF AGRICULTURE
MEMORANDUM
REPLY TO: 2001-9 Ave., Suite 303
Vero Beach, FL 32960 _
October 7, 1966
TO: I.R.C. Board of County Commissioners
FROM: Stephen H. Futch, County Extension Agent- Citrus
RE : Bid -for 1986-87 Grapefruit Crop
After reviewing the bids received, I recommend that Oslo Citrus
Growers Association's high bid of $65,000.00 be accepted for this year's
-grapefruit crop.
This bid does represent the current market value for the crop based
on $4.00 per box for white grapefruit and $6.00 per box for red grapefruit.
This year's bid price of $65,000 is $8,502 less than last year's bid price,
but does reflect the lower total production of fruit in the grove. This
year's lower total crop production is less than last year's and is a
direct result of the dry spring and the inability to flood a portion of
the grove for several months. _
I also recommend that the Board accept the payment schedule as
outlined in Oslo's bid. They have already made the 5% payment and will
pay the balance in two installments of $30,875 each on Jan. 1, 1987, and
March 1, 1987,
If you have any questions regarding this recommendation or questions
about the grove, please call.
18
L:OCT 14 196
ON MOTION -by Commissioner Wodtke, SECONDED by
Commissioner Lyons, the Board unanimously accepted the
high bid of $65,000 by Oslo Citrus Growers Association
for this year's grapefruit crop and accepted the
payment schedule outlined in the bid, as recommended
by County Extension Agent Stephen Futch.
BOARD OF COUNTY COMMISSIONERS
1840 25th Street
Vero Beach, Florida 32960
a
BID TABULATION
BID NO. DATE OF OPENING , �p
Oct. 1 1926
BID TITLE 19.86.-87 Grapefruit Crop
ITEM
NO. DESCRIPTION UNIT PRICE UNIT PRICE UNIT PR
6l5t G -t
19
BOOK 6 P,vjE 19
OCT 14 198E
0SL0
bf_r., f1L••. ..
Board of County Commissioners
1840 25th Street
Vero Beach, Florida 32960
Gentlemen:
BOOK
06 F,{,F, 20
t
1 October 1986
Oslo Citrus Growers Association is pleased to have the opportunity to bid on the
grapefruit crop of the county owned grove. We are a licensed citrus fruit dealer
and have been in continuous operation since 1919 in "Indian River" county.
During the season, we employ approximately 60 people in the county. By selecting
a local packinghouse, the county achieves an additional economic benefit of con-
tributing approximately $25,000 in wages to her citizens.
Bid for grapefruit crop $65,000
Payments October 1, 1986 e$ 3,250
January 1, 1987 $30,875 m
March 1, 1987 $30,875
Sincerely,
OSLO CITRUS GROWERS ASSOCIATION
Robert G. Sexton
Assistant General Manager
M. Approval of Lease Agreement - Florida Marine Patrol
The Board reviewed the fo.liowing memo dated 10/7/86:
TO: The Honorable Members DATE: October 7, 1986 FILE:
of the Board of County
Commissioners
THRU: Charles P. Balczun SUBJECT: Lease Agreement
County Administrator Florida Marine Patrol
FROM: H. T. "Sonny an
Director REFERENCES:
General Services
The Florida Marine Patrol wishes to renew their Antenna Site Lease
for two years. The Lease supplied by the State has been approved by
our legal staff.
4 • '
It is recommended that we renew the Florida Marine Patrol lease.
20
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Lyons, the Board unanimously renewed
the Antenna Site Lease with Florida Marine Patrol
for two years, and authorized the. Chairman's signature.
LEASE AGREEMENT IS ON FILE -IN THE OFFICE OF THE CLERK TO THE
N. IRC Bid 315 - Liquid Fertilizer - Annual Bid
The Board reviewed the following memo dated 10/7/86:
TO: Board of County Commissioners DATE: Oct. 7, 1986 FILE:
THRU: Joseph A. Baird SUBJECT: IRC Bid #315 -Liquid Fertilizer
Director, Budget Office (Annual Bid)
1
FROM: REFERENCES: _
Carolyn,Yoodrich, Manager
Purchasing Department
1
1. Description and Conditions
Bids were received, Thursday, October 2, 1986 at 11:00 A.M.
for IRC #315 -Liquid Fertilizer for the Golf Course.
4 Bids were sent out, 4 Bids were received.
2. Alternatives and Analysis
The low bids are as follows:
Liquid A. G. Systems -Items 2, 5, 6, 8, 10 and 11.
Lyle, Inc. - Items 1, 3, 4, 7, 9, and 12.
3. Recommendation and Funding
Staff recommends that IRC #315 be awarded to the low bidders
as noted.
Funds to come from the Golf Course Enterprise Fund (418)
21
BOOK 6 P.a;� !�.
L -OCT 14 �9fi
BOOK 66 F'.�E 92
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Lyons, the Board unanimously awarded
IRC Bid 315 to the low bidders as. set out in the
above memo; funding to come from the Golf Course
Enterprise Fund.
BOARD OF COUNTY, COMMISSIONERS
1840 25th Street
Vero Beach, Florida 32960
BID TABULATION
v,
Q?�
Q ° ' Q 4 o
Q Q. ��
a of
�! a
BID NO.
IRC BID 315
DATE OF OPENING
Oct. 2, 1986L�
BID TITLE
LIQUID FERTILIZER
ITEM
NO. DESCRIPTION
UNIT PRICE
UNIT PRICE
UNIT PRICE
UNIT PRICE
UNIT I
1. 32-0-0 Per Ton
161
00
NB
163
50
140
00
2. Liquid AG 30 Turf S cl Per Ton
B
NB
3. 29-0-0 3S Per Ton
161
00
NB
147
00
12-0-6
124-95
174
29
11
00
5. 12-0-4 w/minors Per Ton
LL6
60
133
20
NB
6. 11-0-7 2S w/minors Per Ton
120
00
NB
NB
11-0-5 Per Ton
116
6r,
133
04
112
00
8. 11-0-5 w/minors Per Ton
NB
NB
9. 8-0-8 w/minors Per Ton
105
30
119
12
104
00
10. 4-0-12 w/minors Per Ton
94
00
106
09
98
00
11, 2-0-12 IS w minors Per Ton
go
00
NB
NB
NB
tting-Aqgnt Per nal
NH
4 1
rm
22
22
1
80
22
0. IRC BID 316 - Fertigation System at Sandridge Golf Club
The Board reviewed the following memo dated 10/7/86:
TO: Board of County Commissioners DATE: Oct. 7, 1986 FILE:
THRU: Joseph A. Baird SUBJECT: IRC Bid #316-Fertigation System
Director, Budget Office
FROM:REFERENCES:
Carolyn tGoodrich, Manager
Purchasing Department
1. Description and Conditions
Bids were received Thursday, October 2, 1986 at 11:00 A.M.
for IRC #316-Fertigation System for Sandridge Golf Course.
4 Bids were sent out, 3 Bids were received.
2. Alternatives and Analysis
The low bid was received from Lyle, Inc. Lake Monroe, Fl in
the amount of $4,495.00. The bid meets specifications.
3. Recommendation and Funding
Staff recommends IRC J316 be awarded to the low bidder,
Lyle, Inc.
Funds to come from the Golf Course Enterprise Fund (418)
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner. Lyons, the Board unanimously awarded
IRC Bid 316 to the low bidder, Lyle, Inc, in the
amount of $4,495 for a fertigation system at Sandridge
Golf Club; funding to come from the Golf Course
Enterprise Fund.
OCT 14 1986
23
BOOK () PaEE 2
Bou � 6 �;;
24
BOARD OF COUNTY'COMMISSIONERS
1840 25th Street
Vero Beach, Florida 32960
u
4
b
BID TABULATION
• Qr
uo Q' m
1.
Zr
4
c c
• �o
o
BID NO.
DATE OF OPENING
1 RC B I D #316
Oct. 2, 1986
v
v m
v
peQ
4
�p ,Q
g
FleDrt i TITLE i System for
on Sandridge Golf
ITEM
NO. DESCRIPTION
UNIT PRICE
UNIT PRICE
UNIT
PRICE
UNIT
1. Fertigation System for Sandridg
,
Golf Course
r_ — Total 1
4495
00
4860
00
4680
00
P. NCIC/FCIC Communications Equipment
The Board reviewed the following memo dated 10/8/86:
TO: The Honorable Members of DATE: October 8, 1986 FILE:
The Board of County
Commissioners
THRU: Charles P. Balczun NCIC/FCIC Communications
County Administrator SUBJECT: Equipment
H. T, "Sonny" Dean
Director
FROM: General Services REFERENCES:
The Judges require they be furnished with all available background
information on prisoners appearing before them at pre-trial hearings.
This includes a National Crime Information Center (NCIC) and Florida
Crime Information Center (FCIC) computer check. This is presently
being done through the Sheriff's communications center which is
located in the Old County Jail.
The staff has inquired through the State for the Jail to install a
NCIC/FCIC computer terminal in the new complex. This will enable
the required information to be compiled and facilitate the system.
Primarily because physically transporting the information in a timely
manner will be almost impossible.
24
To ir6tall such a system in the new jail would require the purchase
of a special computer terminal. It is controlled and furnished
through the Florida Department of Law Enforcement. The cost for the
terminal with accessories and installation will be $3,921.00.
Since the price is over the $2500 bid limit, but falls into the sole
source category, it is requested that this piece of equipment be
purchased for the jail with part of the equipment funds that were
allocated to the jail project.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Lyons, the Board unanimously approved
staff's recommendation to purchase and install a
special computer terminal and accessories to tie in
with the NCIC/FCIC communications equipment in the
new Jail in the amount of $3,921; funding 'to come from
the equipment funds allocated to the jail project.
R. Proclamation Honoring Public Works Director Jim Davis
The following proclamation was presented to Director Davis
at an earlier time:
v 25
OT 14 1986 BOOK 66 FAGF 2
L—
P R O C L A M A T I O N
BOOK
66 U�E -7
�6 _
WHEREAS, JAMES W. DAVIS has attended every meeting of the
State Association of County Engineers and Road Superintendents
(SACERS) since he began his employment with Indian River County,
Florida in 1981; and
WHEREAS, JAMES W. DAVIS has been a member of the SACERS
Green Book Committee, and has also in the past served in the
capacity of Secretary and Director of the SACERS; and
It
WHEREAS, JAMES W. DAVIS represented Indian River County,
Florida at the National Association of County Engineers meeting
held in San Diego, California in 1986; and
WHEREAS, in our eyes, pound for pound, JAMES W. DAVIS is the
best county engineer in the State of Florida:
NOW, THEREFORE, BE IT PROCLAIMED THAT THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA recognizes
JAMES W. DAVIS
as the 1986/87 President of the State Association of County
Engineers and Road Superintendents and wishes him success as he
begins his tour in office.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
� G
Don C. Scur o-ek, Jr.
Chairman 61
26
i
EMPLOYEE OF THE QUARTER AWARD
Chairman Scurlock presented a plaque and a $50 check to
Michael Dalton of the Building Department and congratulated him
on being named Employee of the Quarter.
BOARD OF COUNTY COMMISSION INSURANCE For FY -1986-87
The Board reviewed the following memo dated 10/7/86:
TO: Honorable Board of County DATE: October 7, 1986
Commissioners -
SUBJECT: Board of County
Commissioners
Insurance for
1986/87 Fiscal
Year
FROM: Josep A. Baird
OMB Director
Below is a list of the Board of County Commissioners in-
surance coverages for the 1986/87 fiscal year. All insurance
coverages were within the allocated budget amount.
General Liability Fla. Leagueof Cities 171,481
Public 0 & E Liability Fla. League of Cities 48,000
Autos & Comm. Equip. Fla. League of Cities 145,344
Inland Marine Navigation Fla. League of Cities 2,000 (est)
Property & Contents Arden -Waddell Ins. 48,000(est)
Boiler & Machinery Schlitt Insurance 13,640
TOTAL 428,465
OMB Director Joe Baird explained that this item was placed
on today's Agenda for informational purposes only, and no action
was required.
REORGANIZATION OF DATA PROCESSING SYSTEM
Attorney Alan S Polackwich, Sr. came before the Board
representing Freda Wright, Clerk of the Circuit Court, in regard
to her concern about the reorganization of the data processing
capacities in the County. He understood that the County owns an
IBM 38' dompufer system which is presently under Freda Wright's
office and handles all of her data processing needs and other
27
OCT 14.1966 Boor 66 E 27
0 CT 14 1966 BOOK 66
various County needs. That IBM system replaced a prior system,
which he understood goes back to a series of systems dating_back
to the 1960s. Since those systems have been in operation, they
have always been under the direction and control the Clerk, and
she has employed the people who operate that system.
Attorney Polackwich continued that Mrs. Wright has been
employed in the Clerk's office since the early 40s and has been
the Clerk of the Circuit Court for about 10 years, and it is her
position that her ability to control the people who operate the
data processing system is essential to her discharge of her
constitutional responsibilities. Under the central organization
that is being discussed, the people who operate that system would
suddenly come under the control of the County Administrator, and
the Clerk does not want to have to rely,on the cooperation that _
may or may not exist between her office and the County
Administrator to ensure her ability to get to the computer to do
what she feels has to be done. Although we now have a new County
Administrator, there have been problems in the past. The new
relationship has not been really defined as yet, and it is not
something on which she wants to hedge her abilities. Therefore,
the Clerk's position is as follows:
1. She does not oppose a unified system. She is willing
to work with the County if it is in the best interests
of the County to come up with a unified system.
2. She will not agree, however, to any unified system that
takes that system away from her and puts it under the
control of somebody else, with the result that she will
have to go through an independent third party not
answerable or employed by her to get to the computer.
3. If the County Commission decides that they own the system
and are going to take it over, the Clerk has instructed
her attorney to do all the research necessary to
determine whether or not the County Commission has a
lawful right to do so, and if he concludes that they do
not have that right, she will take whatever steps are
necessary to protect her ability to perform her
constitutional responsibilities.
Attorney Polackwich stressed that the Clerk does not oppose
the central organization, but there must be some way to bring
28
� � r
o r �
that central system together, and at the same time, have within
that system sufficient safeguards to protect her ability to live
up to her responsibilities. He pointed out that this is the same
problem that arose when the idea of centralization was approached
in previous years, and he felt certain the Board would run into
the same problem with the other constitutional officers. He
further pointed out that the Data Processing Committee which was
appointed over two years ago, has been unable in all that time to
come up with guidelines for determining priorities for use of the
system, and for that reason Sheriff Dobeck withdrew from the
Committee in September and has gone on record that he wants a
stand alone computer separate from the county system. The
Property Appraiser and Tax Collector already have their
independent systems, and Attorney Polackwich felt that if the
Board tries to bring all these people under one organized system
and, in effect, treat the constitutional officers simply as
another department of the County, they will encounter resistance.
He did not believe that Freda Wright would be standing alone on
this issue.
Chairman Scurlock believed the tail has been wagging the dog
too long. He stated that while the Utility Department basically
has funded that computer, in three years their needs never have
been fully addressed. The Clerk's Department, however, has been
totally computerized and that priority has been established as
#1. He did not believe the system has to be under the total
control of the Clerk, and if we have to go to court to decide
what our legal responsibilities are to the Clerk, he felt we
should do so.
Commissioner Lyons expressed his shock at the Clerk having
hired an Attorney as he had been under the impression that she
had been in accord with the agreement to go ahead and put the
computer under the control of the Board. He noted that it had
been agreed that any emergency she might have would be taken care
of even to the extent of providing independent programmers for
29
OCT 14 1986 BOOK 66 F,; -c $29-
r -_
j 1986 i'*
BOOK 66 0 F 30
her purposes. He emphasized that the Board's interest in seeing
that the business of the County goes along smoothly and
efficiently is no different than Freda's,_but we are interested
in seeing that it gets done for the least amount of money.
Commissioner Lyons felt we can avoid a lot of unnecessary expense
by moving ahead as agreed to last week, and believed that he
could assure the Clerk that there would be no problem in finding
a way to protect her interests totally.
Chairman Scurlock pointed out that the Clerk also has the
legal right to go ahead and file an action if we are not
providing the necessary access.
Attorney Polackwich wished to know how this reorganization
would affect the constitutional officers other than just the
Clerk.
Commissioner Lyons did not feel that Attorney Polackwich had
any business asking questions in connection with the operations
of anyone other than the Clerk, but Attorney Polackwich pointed
out that it was said that one of the purposes of having one
centralized computer system was to save the taxpayers money, and
he wished to know where that leaves the other constitutional
officers who have separate systems.
Commissioner Lyons believed it will lead to the same thing
in time, but it is a question of digestion, and Freda's outfit is
-totally computerized. All she needs is a smooth operation and
the ability to do emergency changing and programming. The County
Commission has practically untold needs that have not been
addressed yet; we need to get on with those; and the best way to
get on with them is under the control of the people who need them
and want them.
Attorney Polackwich asked if this meant that the agreement
entered into in March of this year for the Data Processing
Committee to come up with the various standards and hire the
people to operate it is no longer in effect.
30
Commissioner Lyons noted that he is the one who signed the
agreement, but after several months' experience with it, he now
feels that it is totally unworkable and would suggest that the
Commission withdraw from that agreement and substitute another
user organization to get together periodically to see if
everyone's needs are being met. He emphasized that the things we
want to protect against are duplication and the unnecessary
purchase of equipment and application of programming hours.
Attorney Polackwich believed that the Board may have to ask
the County Attorney for his opinion on whether the County can
withdraw from the agreement, because it is an agreement between
the various constitutional officers.
Chairman Scurlock noted that the Sheriff has already
withdrawn from it, and he would simply suggest that Commissioner
Lyons reconvene the committee and abolish it.
Commissioner Wodtke commented that he started on that
committee and it did not take them long to get rid of him, and
then Commissioner Lyons got appointed to chair the committee. He
had been impressed on how well a centralized computer system
wo-rked—in o -cher -counties, but agreed, after serving on that
committee for a few months, that it seems to be quite evident
that our constitutional officers will not make a total commitment
and the agreement is unworkable at this time. He certainly hoped
that we do not get to a point where we get into a lawsuit, and
his only question was that since Freda is a fee officer, as are
David Nolte and Gene Morris, are we going to -take the same action
against them, or do it on an individual basis, or is this the.
starting point?
Chairman Scurlock felt this is the starting point because
that is where the nucleus is. He also noted that the Clerk and
the other officers have an absolute remedy available to them in
that they can seek relief through the court system once it is
demonstrated -that-their needs are not met.
31
BOOK UD
OCT 14 1986
B00K 66 "I t 32
Commissioner Wodtke pointed out that as a fee officer, the
Clerk would have the right to go out and buy a computer system
just like Mr. Nolte and Mr. Morris have done, but he would hope
that would not be done. He felt the greatest part of the Clerk's
functions really are the financial functions that she has the
responsibility to provide to this Board, and that is the respon-
sibility that we are concerned about.
Chairman Scurlock agreed. He felt we could have gone out
and bought a package program to do all the utility functions for
a lot less than we have expended on this activity so far and
still our need has not been met. Freda is now fully computerized
and has set her priority to do so, but many, many County
functions that also rely on that computer system are yet to be
met.
Commissioner Bird left the meeting at 9:35 o'clock A.M. in
order to deliver a speech on the drug problem within the county.
Commissioner Lyons noted that the Clerk has a lot of other
functions that have nothing to do with the financial aspect and
she has a fine system which is really operating at a great rate.
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Wodtke, the Board unanimously (4-0),
Commissioner Bird having left the meeting temporarily,
authorized the County's withdrawal from the Data
Processing Committee and requested Administrator
Balczun to suggest a user committee to take its place.
Commissioner Lyons felt this action is in the interests of
the taxpayers in that we want to avoid duplication of effort and
equipment.
32
J
Chairman Scurlock advised that Attorney Vitunac would be
meeting with the appropriate people to discuss this matter
further.
PUBLIC HEARING - PETITION PAVING OF NORTH AND SOUTH ERCILDOUNE
HEIGHTS SUBDIVISION
The hour of 9:10 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to wit:.
33
OCT 14 1986 BOOK 6 Fa,��
1
f]
' 1
0
VERO BEACH PRESS -JOURNAL
Published Weekly
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER:
STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
in the matter of
In the
/ Court, was pub-
lished in said newspaper in the issues of J /��I /lt`['
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, n,bate, commission or refund for the purpose of securing this adver-
tisement for publication in the said newspaper. !�
Sworn to and subscri. bejqre met}1�•'s JAIAV f A. D.
(SEAL)
L !�r /y,C /[, (B6(sihess Manager)
l`-- - • (Clerk of the Circuit Court, I
River County, Florida)
--' PUBLIC NOTICE
PLEASE TAKE NOTICE that the Board of County
Commissioners of Indian River County, Florida,
will hold a public hearing at 9:10 a.m. on Tues-
day, October 14, 1988, In the Commission
Chambers located at 1840 25th Street, Vero
Beach, Florida, to consider adopflon.of the.fol-
lowing proposed resolution: • ; •'.
RESOLUTION 140.88'
A RESOLUTION OF THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, PROVIDING
FOR CERTAIN PAVING AND DRAINAGE :''•"?
_.IMPROVEMENTS TO THE ROADS IN
ERCILDOUNE HEIGHTS SUBDIVISION
140TH, 141ST, 142ND, 143RD, ana
144TH STREETS, 142ND WAY, 78TH,
' 79TH, BOTH AND 81ST AVENUES;..::
;,2. PROVIDING THE. -TOTAL ESTIMATED . -
COST, •
•' COST, METHOD OF PAYMENT OF AS-;:.
r SESSMENTS, NUMBER OF ANNUAL IN- ;
STALLMENTS AND LEGAL DESCRIP=
TION OF THE.AREA SPECIALLY BENE-;;
FITED.
WHEREAS, the County Public Works Division
has received public improvement petitions,
signed by more than % of the owners of property
In a portion of the area to be specially beneflt
requesting paving and drainage Improvements
to 1401h, 141st, 142nd, 143rd and 144th Streets,
142nd,Way, 78th, 79th, 80th and 81st Avenues;
and
WHEREAS, petitions have been received fol
some roads In the area and the requirements of
Ordinance 81-27, and design work Including
cost estimates have been completed by the Pub.
9c Works Division; and
WHEREAS, the total estimated cost of the pro.
posed Improvements Is $191,937.97, and
WHEREAS, the special assessment provided
hereunder shall, for any given record owner of
Property within the area specially benefited, be
In an amount equal to that proportion of seventy.
five percent (76F6%
76 ) of %a total cost of the project
which: A) If platted, the number of. platted lots
owned by the given owner bears to the total
number of platted lots within the area specially
benefited, B) if not platted, the potential number
of buildable lots which are contained In each
parcel ownedby the given owner bears to the
total number of lots within the.area specially
benefited; and '
WHEREAS, the special assessment shall be-
come due and payable at the Office of the Tax
Collector of Indian River County ninety (90) days
after the final determination -of the special as.
sessment pursuant to Ordinance 81-27; and
WHEREAS, Indian River County shall pay the
remaining twentyfive percent (25%) of the total
cost o1 the project; and
WHEREAS, any special assessment not paid
within said ninety (90) day period shall bear in.
terest beyond the due date at a rate established
by the Board of County Commissioners at the
time of preparation of the final assessment roll,
and shall be payable In two (2) equal Install.
ments, the first to be made twelve (12) months
from theilua daWAnd.the second to be made
twW hour (24) months from the due date; and
FIEREA3 after examination of the nature
and anticipated usage of the proposed Improve•
ments, the Board of County Commissioners has
determined that the following described proper.
ties shall receive a direct and special benefit
from those Improvements, to wit:
7-
Lots 8 through 15, "Block A, Lots 1
through 6, Block B. Lots 2 through 5,
Block C. Lots 4 through 7, Block D, Lots
1 through 6 and Lot 12, Block E. Ercll-
doune Heights Subdivision as recorded
In Plat Book 3, Page 74 of the Public
Records of Indian River County, Florida.
Lots 1 through 5, Block F. Lots 1 through
12, Block G, Lots 1 through 12, Block H
1'4•
Lots 1 through 6;Block "K, Lots A
through 22, Block A and Lots 7 through
b'<
11, Block B. Ercildoune Heights SubdM-
sion No. 2 as recorded In Plat Book 4,
Records of Indian
Page 5 theFl
'
rblgd
=-_+harowl ofthe following described land
West of the West R/W of new U.S. #1 '
parts of Gov't Lot 2, 3 A 4 described as
follows Commence at a point on the
?'"l West boundary of Gov't Lot 2 A 817.80'
North of Southwest comer therot; thence
run Win Fitt beat 10 the West shore
of the Indian•Rlver which Is the Point of
Beginning; fr in said Point of Beginning
run South 35 10' West to a point on th
West Bound ry of Gov't Lot 2 b 817.8'
North of SW comer thereof thence run
South on the West Boundary of Gov't Lot
2 617.80' t the Southwest corner of
Gov't Lot 2 thence run West along
South line of,Gov't Lot 1 of said section
to Fleming Grant Line; thence run south
easterly along Fleming Grant Una 1,905'
to s point 83' NorlhWesterly of centerline
-of New Roseland Road; thence North on
a fine perpendicular to .South line of
Gov't Lot 2 821.23' to an Iron pipe;
thence North 44050' East a distance of
758.4(Y to an Iron pipe; thence North .
41023' East a distance of 1,214 feet of °,
the West shore of the Indian River,
thence Northwesterly meandering West,.
shore of the Indian River to the Point of
Beginning, less the following described
property from a point 617.80 North from
,,.-,,-the Southeast comer of Gov't Lot 1, Sec.
tion 25, Township 30 South, Range 38E,
Nold point rth 33.5*10' East distance of Beginn821 15'
to West R/W of Slate Road No. 5; thence
South 15'25' East a distance of 494.53'
along West R/W of State Road No. 5 to a
Point In the Center of Old Roseland
Road thence South 4014' West a dle.
tante of 49.45' along centerline of Old
Roseland Road; thence South 35o10'
West a distance of 742.981; thence North
707.38' to the Point of Beginning; con-. -
talnln16 acres more or less and less part
of Old Roseland Road R/W Westerly of
New U.S. No. 1; as In OR Book 396, PP
575 (OR Book 403, PP 609) less Sabae-
Van River Medical Plaza as per P8I.11-49 ,
AOR Book 661 PP 310.
That part of the following described land
from a point 617.80' North from the
Southeast corner of Gov't Lot 1, Section
25, Township 30 South, Range 38 East
said point being the Point of Beginning;
'run North 35010' East a distance of :.
521.15' to the West right of way of State
Road No. 5; thence South 15025' East a-:`
distance of 494.53' along the East right
Of way of State Road No. 5 to a point In
the center of Old Roseland Road; thence
South 414" West a distance of 49.45'
along the centerllne ofooId Roseland
Road; thence South 35°1(y West a die . `;
tance of 742.98': thence North 707.38' to
the Point of Beginning; containing six
acres more or less; and also less that
solrt d oweof r ptlo seed Road occupied by �1
NOW THEREFORE, BE IT RESOLVED BY THE
BOARD OF COUNTY COMMISSIONERS OF IN-:
DIAN RIVER COUNTY, FLORIDA, as follows:
1. The foregoing recitals are affirmed and ratl-
fled In their entirety.
2. A project providing for paving and drainage
Improvements to 140th, 141st, 142nd, 143rd and
- 144th Streets, 142nd Way, 78th, 79th, 80th and
81st Avenues hereto designated as Public Works
Project No. 8623, Is hereby approved subject to
the terms outlined above and all applicable re•
uirements of Ordinance 81-27.
The foregoing resolution was offered by Com -
n. The i :r who moved its adop
omotion was seconded by Commission -
and, upon being put to a vote,
e vote was as follows:
Chairman Don C. Scurlock, Jr.
Vice Chairman Patrick B. Lyons
Commissioner Margaret C. Bowman
Commissioner Richard N. Bird
Commissioner William C. Wodtke, Jr.
The Chairman thereupon declared the resolu-
tion duly passed and adopted
the
f't i
1 BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY FLORIDA
By -s -DON C. SCURLOCK, JR., CHAIR,
MAN
:DA WRIGHT, CLERK
AS TO FORM AND LEGAL SUFFI-
PCWE 'TAKE= FURTHER NOTICE that at the
same public hearing, the Board of County Com-
missioners shall also hear all Interested persons
regarding the proposed assessments contained
In the preliminary asslsssment roll for the Irn-
provements described in the above resolution.
The preliminary assessment roll Is currently on
file with the Public Works Division and open for
Inspection between the hours of 8:30 a.m. and 5
Fm., 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 may need to ensure that a verbatim record of
the proceedings Is made, which record Includes
the testimony and evidence upon which the ap-
peal Is to be based.
INDIAN RIVER COUNTY
Charles P. Balczun
County Administrator
Sept 25,1986
C11
02
0
0
o-
1
The Board reviewed the following memo dated 10/1/86:
TO: THE HONORABLE MEMBERS OF DATE: October 1, 1986 FILE:
THE BOARD OF COUNTY COMMISSIONERS
THROUGH:
Charles P. Balczun
County Admini trator Public Hearing to consider
SUBJECT: resolution providing for the
Ralph N. Brescia, P.E. paving of:
County Engineer 1) North half of Ercildoune..
Heights Subdivision
2) South half of Ercildoune
(moiHeights Subdivision
FROM:
Michelle A. Terry
Civil Engineer REFERENCES:
DESCRIPTION AND CONDITIONS
Petitions have been received from property owners for portions of the
following streets:
1) North half of Ercildoune Heights. Portions of 143rd Street, 144th
Street, 78th, 80th and 81st Avenue.
2) South half of Ercildoune Heights. Portions of 143rd Street, 140th;
141st and 142nd Streets, 142nd Way, 78th, 80th and 81st Avenues.
Preliminary assessment rolls have been prepared for the paving and
drainage improvements. The total cost of these projects is
approximately $184,713.20. There is approximately $87,397.00 in the
PY85-86 budget for Petiton Paving, Account No. 703-214-541-035.39. As
money from other roads is replenished to the Petition Paving Account,
these roads will be paved.
Also, -advertisement of the public hearing and notification to the
property owners has been performed.
•RECOMMENDATION AND FUNDING -
After consideration of the public input provided at the public
hearing,it is recommended that motions be made to:
1) Adopt resolutions, providing for the paving and drainage
improvements for each petition paving project, subject to the terms
outlined in the Resolutions. The applicable interest rate shall be
1% over the Prime Rate at the time the final assessment roll is
approved.
2) Approve preliminary assessment rolls including any changes made as
a result of the public hearing.
3) Allocate $184,713.20 from the Petition Paving Account to fund this
work.
4) The Road and Bridge Department be notified to schedule construction
probably in December 1986 or January 1987.
35
BOOK 66 racE 35
OCT 14 1986 BOOK 66 PAGE 36
Chairman Scurlock noted that there was no mention made of
the percentage of property owners who have signed the paving
petitions, -and Michelle Terry, Civil Engineer, explained that
back in May they came to the Board with petitions to pave 3
roads, but there was a lot of opposition to the entrance roads to
this subdivision and the Board recommended that staff go back and
prepare assessment rolls for all the roads within the
subdivision; therefore, we don't have petitions for all the
roads.
Public Works Director Jim Davis explained that they have
divided the subdivision into two parts, north and south and will
be addressing those areas separately this morning.
North Half of Ercildoune Heights Subdivision
Commissioner Lyons asked if the streets on the north half
will require any additional right-of-way or the removal of any
trees, and Director Davis stated that no additional R/W would be
needed, but some minor pine trees would have to be removed in
order to build the road.
Commissioner Lyons felt that the people are gett.ing along
with the streets the way they are, except for the paving, and he
would hate to see the County go in and rip out mature trees in
order to get 3 more feet of R/W.
Commissioner Bowman noted that sand pines are getting very
scarce in this county.
Director Davis assured the Board that they will do
everything they can to save every mature tree.
Chairman Scurlock opened the Public Hearing and asked if
anyone wished to be heard in this matter.
Daniel Gough, 14460 80th Avenue, objected to being assessed
for 2 lots since only the equivalent of one lot (100 ft.) is
being paved.
Director Davis explained that Mr. Gough owns Lots 1, 2, and
part of 3 in Block C on 80th Avenue and the paving will stop just
36
i
about mid way on Lot 2, but the road paving will serve Lots 2 and
3, and even though Mr. Gough is not being assessed for Lot 1, he
will benefit from a paved road all the way ,to U.S. #1. Lots 4
and 5 are being assessed $1425 each.
Commissioner Lyons asked what happens to the other
assessments if we reduce Mr. Gough's assessment, and Director
Davis said that the difference would be divided into the other
assessments, unless the County decided to subsidize it. He
suggested that we assess Mr. Gough for only 1# lots instead of 2,
which would result in a difference of $700.
Mr. Gough advised that he just heard this morning that 78th
Avenue was to be paved also, and believed the Sandrift Motel
would be the only one to benefit from the paving of that road.
The motel is directly in back of his home and they have big
diesel trucks parked in back of the motel.
Commissioner Lyons wondered if the motel should stand the
expense of paving 78th Avenue.
Director Davis explained that the north line of Lot 4 is
where the motel is, and Lots 4, 5, 6 and 7 are being assessed.
Freida—Brown, 14395 80th Avenue, pointed out that 78th
Avenue is only being used by the motel, an auto parts store, a
service station, and a bowling alley, and she felt the County
should assess those businesses only. She also noted that there
are several widows living on the street and this assessment is a
hardship on them.
Commissioner Bowman suggested that the widows use the
installment plan that is available.
Mr. Gough could not understand why he was being assessed for
1z lots when only 100 feet is being paved and 100 feet is the
equivalent of one lot.
Commissioner Wodtke felt the difference is that the road
will. serve Lots 1, 2, and 3, but Mr, stressed that another party
own s pa r t o f -Lo t T.
37
OCT 14 1166 Bou 66 uu 37
QCT 1.4 1986, aooK 66 Fd.UL P3�
Chairman Scurlock explained that it is done on a per lot
basis.
Sidney Mason, resident of 80th Avenue and owner of one lot -
on 78th Avenue, agreed that the only people who would benefit
with the paving are the businesses on 78th Avenue.
Fred Mensing, a resident of Roseland, felt that many people
in the county believe the monies collected for road impact fees
will be put into their streets, which is not the case with
respect to petition paving. He urged the Board to have this made
clear to the people.
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Lyons, the Board unanimously (4-0),
Commissioner Bird having left the meeting temporarily, _
closed the Public Hearing.
MOTION WAS MADE by Commissioner Lyons, SECONDED by
Commissioner Wodtke, that the Board approve the
assessment roll for the north half of Ercildoune
Heights Subdivision with the exception of Mr. Gough
being assessed for 11 lots.
Under discussion, Attorney Vitunac asked if the $700
difference is to be spread amongst the other assessments, and
Director Davis advised that there are approximately 40 lots
included in the assessment.
COMMISSIONERS LYONS AND WODTKE AGREED TO AMEND THE
MOTION to state that the $700 difference would be
spread over the 40 lots included in the assessment.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was
voted on and carried unanimously 4-0, Commissioner Bird
having left the meeting temporarily.
38
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Wodtke, the Board unanimously (4-0)
adopted Resolution 86-87, providing for certain paving
and drainage improvements to the roads in the north
half of Ercildoune Heights Subdivision, 144th Streets,
78th, 80th and portions of 143rd Street; providing the
total estimated cost, method of payment of assessments,
number of annual installments and legal description of
the area specially benefited.
- South Half of Ercildoune Heights Subdivision
Director Davis explained that the south section of the
subdivision has some unplatted road frontage south of 144th
Street which is owned by Humana. Hospital, and staff has divided
the 839 feet of frontage into 6 equivalent lots for the purpose
of assessment. To the east of Palmer Avenue (79th Avenue), staff
has divided that unplatted frontage into equivalent lots.
Commissioner Wodtke asked if by doing that it would give
them any right whatsoever to come in with a request for a subdi-
vision.
Director Davis did not believe it would give them any right
to any type of subdivision, but if they ever wanted to subdivide
it, there would be no objection to a driveway at each of those
lot locations because the County encourages access from the minor
road. In any event, it would be a site plan issue.
Continuing, Director Davis explained that about 3-4 years
ago we paved 142nd Street and those people like what they saw. We
are giving those people a credit for what they paid 3 years ago;
so those people really will be paying for the access into the
subdivision.
Commissioner Bird returned to the meeting at 10:15 o'clock
A. M.
39
Boa 66 F,�,E 39
IF_ -OCT l
1986
Booit 66 PA'i 40
Chairman Scurlock opened the Public Hearing for the south
half of Ercildoune Heights Subdivision and asked if anyone wished
to be heard in this matter.
Attorney George Collins, representing American Medicorp.,
Inc., owners of Humana Hospital, stated his clients are objecting
to being assessed for 6 lots when those lots are actually
unplatted property. He confirmed that there is a sewer plant at
the corner and there is no access from the hospital onto 140th
Street or into Ercildoune, and none is intended. The hospital's
long range plans call for access off of Bay Street and U.S. #1.
There are no plans to sell the property or make any use of the
subdivision's roads. The proposed resolution infers that two-
thirds of the owners within the approved area have approved the
plan, but his clients own a substantial portion of the property
and do not approve of the project. It may be that two-thirds of
the owners within the defined area have approved the plan, but
certainly two-thirds of -the owners on 140th Street have not
approved the plan. He stressed that this is not a voluntary
petition, but a County -initiated project.
The hospital will not receive any benefits from being included in
this project, and he felt it would be a form of gerrymandering to
include this property since the hospital property will not have
any access onto the subdivision roads.
Director Davis pointed out that the hospital owners have
indicated that they would not be interested in donating the other
35 feet R/W for 140th Street and paying the assessment too. He
felt it would be nice to get additional R/W, but we can still
perform the paving because we are going curb and gutter.
Chairman Scurlock just wanted it made clear that the Board
wishes to save whatever trees we can.
Attorney Collins believed there is no reason for the
hospital to dedicate any R/W because they do not intend to
40
M
- M M
request access onto 140th Street in the future. If the hospital
did make that request, the County would be in a position to have
the entire length of 140th Street paved. He emphasized that he
has seen a number of site plans turned down where there wasn't
sufficient R/W, and felt that it is entirely appropriate on this
County -initiated project to exclude 140th Street in the paving
project due to insufficient road R/W. In summary, Attorney
Collins stressed the points that the hospital is in an unplatted
area and does not have access to the subdivision. If there is
any development on the property after the sewer plant is removed,
that development will be entirely hospital related and will be
served entirely through access off of Bay Street or U.S. #1.
Under the scenario that has been presented this morning, his
clients maintain that since there is no benefit to them from the
proposed improvements, the hospital should not be included in the
assessment.
Commissioner Wodtke asked if the property owned by the
hospital could be sold at some time in the future, and Attorney
Collins confirmed that it could, but if the new owner wished to
have access onto 140th Street, he would have to come before this
Board for plat approval, and the Board would have the right to
obtain the necessary R/W and require other improvements or
extractions.
Fred Mensing, resident of Roseland, felt that the Board
would be setting a precedent by going ahead and paving a road on
35 feet and that the County should abandon the road or go ahead
and get a minimum of 60 feet of R/W in order to preserve the
neighborhood rather than trying to squeeze in a substandard road.
He urged the Board to take steps to obtain another 35 feet since
the hospital is not using any portion of this land and felt that
now is the time to get it.
41
BOOT 6 PA's- 41
OCT
14
1986BOOK
66 P,;
Howard Powell,
8026 141st Street, stated -that -he
and his
wife are in favor of paving this street and getting rid of the
mud and dust. They want it all paved.
Dennis Gervais, 8046 141st Street, owner of Lot 10 in Block
G, also wanted the road to be paved.
Don Finney, County Right -of -Way Acquisition Agent, explained
that he has been working with the property owners to obtain the
15 ft. drainage easement required in the subdivision on the
north/south direction. The County has obtained all of the
easement except for that owned by Mr. Cristiano, who is in favor
of paving 140th Street, but will not grant the easement until he
has the assurance that this road will be paved.
The Board reviewed the following letter from Mr. Christiano
dated 10/6/86:
October G, 1986
,0 ;' i" ~
e �.r
Eo.a,rd OT f_`.Ui nT-.+a
1-1-:140 25th Street.
Vero Beach, Ft oriC:a, 3 960 ��''. ai�i6iC }•:::i1 „�1
Gentlemen:
I am in rer_•a_ i P t. of -4our letter of SeP te•mbe•r 9th under the Signature
Si �rr� t -_ of
M s
Michelle R. Terr:+. Engineer, advising me that aPublic Hearing ill be
held on f1ct..ober 14th to consider the .9d Pit.i+_+'n of a resolution authorizing
the ++ P.a v i roll- -and Dr.a. i'n.a.Gle• or the South h ha.lf of the Erc i t doi trie Heights
I regret that. I will be unable to attend this hearing, but would like to
go on record as being in favor of this PrbPos.a.1 Provided that the Count, -4
obtains the t..h i rt --4 -f iv e• feet of land for the full length of 140th Street-
making
tre•et-ma,k:i•ng this •a. seve''ntj foot. "P i -ht. -of Wa ,-4 " as are :a. l 1 of the res.t of the
streets in the Enci ldoune• Subdivision".
i
As it now stands, 1-4 r_+►_t will construct ct. the P roP o_.ed road on the Present
thir'•t._•+-five feet, of 1.9.rn:i over which 140th Stree•t. r•ii
42
If this corrre=. to Pass., '.-soIJ. Ili.1l h -I. -;.v^• to remove reto_•t of the large shade .and
orn i rile•rI'{_..a• 1 trees in front of m,-4 P r"', P er"•'I ,-4 , If _..I ois obtain the 'h_'. t•.y ', e
feet to make this .a, ^:eve•nt._a foot. "Ri9h"It--of•~1'a.a,4", the Pr•oPose'd road could
be centered in this 1.1 i der-• ITS i gh-It.- .-jf 14a.,-4" I •a rid no trees would have to be
removed Pr •e•r-•'; i-IIg the beaut,-4 of the dr'vel Prrie-rit .
1 lai.3,ve• been i:IitholdinJ the easement :�i^il"I, have r.,e,aue,^ted from me to run .a,
drainage line •a cr"'oss rw-4 P roP e•r''t.'a to drain the l o ;1 area of, •1'Ie w l'-1 P roP Y•t.rv•t_ d
road(140th Street) because I feel 1 th-,at jou were going i t o install s t.a.11 i t• in th",h•
wrong P l a.ce, and se•r_o•nd 1 _a because I feel if —a oij. can obtain the easement
mou desire in ..Fite of' ri!� oPPosit•ion, _aou should also be able to obtain
the land u r u. will need to make 140th h St.r'•e•e•t se ve••I'I•h.'a feet in the same
ma.nner•.
.1 assume that '_I o i. know that 140th St-.re•e•t. is the main exit r••o i,t.e• for those
residents in the South end of the develoPment. If •a•I 9 road should be t.h"le
full width is should cer•ta.inl'd be 140th Street.
I aPo1ogize for rel-, not being g .a.b1. • to P'r•es,'tt m,-4 thoughts Pe•r•:a.sis•I"I•a.11:4, and
trust st. t.hat w ou will give t.h_m -4 our thoughtful s.l •a nd honest consideration,
with the understanding that I will g 1 •a d l v sr••a nt the easement --4 o i, want over
m'a P roP e•rt'a arid I.%, i l 1 be h r•a.P P -j to bear rw-4 _ sh•a.r e of the cost of Paving the
two hundred fe•e't. • •f n•Ig P r'or-, ertj t.h"Ia.t fronts 1 4I:.•It.l•-s Street.
Pe sP ectf i.tl1'a 'aoftrs..
C)F;rr-e-dre--:-rick F. Cr-•isti•a•I o
8046 140th ;t.r•e•e•t.
Sebastian, Florida., '32195_ti
Mr. Finney stressed that we need this easement for whatever
route we go—
Public Works Director Jim Davis felt that we could save many
of the trees by staying with the existing alignment. Without
receiving any additional R/W from the hospital, we could pave an
18 ft. road in the 35 ft. R/W. We have done that in Glendale
Lakes Subdivision and it has worked well. When they go to
develop the property, we get the additional R1W.
Attorney Vitunac advised the Board that the real question
today is whether the cost to the hospital is more than the
benefit they will receive from having this road paved. If there
is at least as much benefit as the cost, than the Board has a
legal right to do it regardless of the plans of the hospital not
to use the road. They have the opportunity and a legal right to
use the -road; and -if they sold to another owner, the owner could
use the road immediately.
43
T 141996 BooK 66 PAGE 4.3
r-,
CT 14 1986 SOAK 66 PAGE 44
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Bowman, the Board unanimously closed
the Public Hearing.
Commissioner Bird understood there were three options on
140th Street:
1) To do nothing.
2) Pave it and access both sides, using existing R/W.
3) Pave it and assess only one side.
Director Davis did not feel it would be equitable to assess
only one side because he felt it could be'shown that paving would
be a benefit to both sides of the road if that owner elected to
use the road. With regard to not paving it, staff would not like
to see that option exercised, because that would result in 140th
Street being the only street left in the entire subdivision
requiring grading and it wouldn't be worth sending a grader all
that way for one street.
MOTION WAS MADE by Commissioner Lyons, SECONDED by
Commissioner Bowman, that the Board approve the
assessment roll as recommended by staff, which in
effect assesses Humana Hospital for 6 lots.
Under discussion, Commissioner Wodtke asked if this assesses
the hospital on the property to the east, and Ms. Terry explained
that the property to the east consists of offices owned by a
separate group of doctors who are in favor of their being
assessed for the paving.
44
--7
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Bowman, the Board unanimously adopted
Resolution 86-88, providing for certain paving and
drainage improvements to the roads in the south half of
Ercildoune Heights Subdivision, 140th, 141st, 142nd,
and portions of 143rd Streets, and 79th, 80th and 81st
Avenues; providing the total estimated cost, method of
payment of assessments, number of annual installments
and legal description of the area specially benefited.
45 BOOK 66 '45
r
OCT 14 M6
BOOK 66 46
RESOLUTION NO. 86 - 87
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, - -
FLORIDA, PROVIDING FOR CERTAIN PAVING
AND DRAINAGE IMPROVEMENTS TO THE ROADS
IN THE NORTH HALF OF ERCILDOUNE HEIGHTS
SUBDIVISION, 144TH STREETS, 78TH, 80TH AND
PORTIONS OF 143RD STREET; PROVIDING THE TOTAL
ESTIMATED COST, METHOD OF PAYMENT OF
ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS
AND LEGAL DESCRIPTION OF THE AREA SPECIALLY
BENEFITED.
WHEREAS, the County Public Works Division has
received public improvement petitions, signed by more than 2/3 of
the owners of property in a portion of the area to be specially
benefited, requesting street paving and drainage improvements to
144th Street, 78th, 79th, and 80th Avenues, and a portion of 143rd
Street; and
WHEREAS, petitions have been received for some roads
in the area and the requirements of Ordinance 81-27, and design work
including cost estimates have been completed by the Public Works
Division; and m
WHEREAS, the total estimated cost- of the proposed
improvements is $72,342.45; and
WHEREAS, the special assessment provided hereunder
shall, for any given record owner of property within the area
specially benefited, be in an amount equal to that proportion of
seventy-five percent (75%) of the total cost of the project which:
A) if platted, the number of platted lots owned by the given owner
bears to the total number of platted lots within the area specially
benefited, B) If not platted, the potential number of buildable lots
which are contained in each parcel owned by the given owner bears to
the total number of lots within the area specically benefited; and
WHEREAS, the special assessment 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, Indian River County Shall pay the remaining
twenty-five percent (25%) of the toal cost of the project; and
WHEREAS, any special assessment not paid within said
ninety (90) day period shall bear interest beyond the due date at a
rate established by the Board of County Commissioners at the time of
preparation of the final assessment roll, and shall be payable in
two (2) equal installments, the first to be made twelve (12) months
from the due date and the second to be made twenty-four (24) months
from the due date; and
WHEREAS, after examination of the nature and
anticipated usage of the proposed improvements, the Board of County
Commisioners has determined that the following described properties
shall receive a direct and special benefit from these improvements,
to Wit:
Lots 8 through 15, Block A, Lots 1 through 6, Block B, Lots
2 through 5, Block C, Lots 4 through 7, Block D, Lots 1
through 6 and Lot 12, Block E, Ercildoune Heights
Subdivision as recorded in Plat Book 3, Page 74 of the
Public Records of Indian River County, Florida.
Lots 16-18, Block A and lots 7 through 11, Block B,
Ercildoune Heights Subdivision No. 2 as recorded in Plat Book
4, Page 5 of the Public Records of Indian River County,
Florida.
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 ratified in
their entirety.
2. A project providing for paving and drainage
improvements to portions of 143rd Street, 144th Street, 78th, and
80th Avenues hereto designated as Public Works Project No. 8623, 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 Wodtke and, upon being put to a vote, the
vote was as follows:
Chairman Don C. Scurlock, Jr. Aye
Vice Chairman Patrick B. Lyons Aye
Commissioner Margaret C. Bowman Aye
Commissioner Richard•N. Bird Aye
Commissioner William C. Wodtke, Jr. Aye
The Chairman thereupon declared the resolution duly passed
and adopted the 14th day of October , 1986.
Attest: - W
FREDA WRIGHT, CLE
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By. �-
County Attorney's Office
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY FLORIDA
By G
DON C. SC LOCK, JR (_, CHAIRMAN
BOOK 66 f�,,GE 47
RESOLUTION NO. 86-88
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, PROVIDING FOR CERTAIN PAVING
AND DRAINAGE IMPROVEMENTS TO THE ROADS
IN THE SOUTH HALF OF ERCILDOUNE HEIGHTS
SUBDIVISION, 140TH, 141ST, 142ND, AND
PORTIONS OF 143RD STREETS, 79TH, 80TH
AND 81ST AVENUES; PROVIDING THE TOTAL
ESTIMATED COST, METHOD OF PAYMENT OF
ASSESSMENTS, NUMBER OF ANNUAL INSTALL-
MENTS AND LEGAL DESCRIPTION OF THE AREA
SPECIALLY BENEFITED.
BOOK 66 FA 48
WHEREAS, the County Public Works Division has
received public improvement petitions, signed by more than 2/3 of
the owners of property in a portion of the area to be specially
benefited, requesting paving and drainage improvements to 140th,
141st, 142nd, and portions of 143rd Streets, 142nd Way, 79th, 80th
and 81st Avenues; and
WHEREAS, petitions have been received for some roads
in the area and the requirements of Ordinance 81-27, and design work
including cost estimates have been completed by the Public Works
Division; and
WHEREAS, the total estimated cost of the proposed
improvements is $112,370.75; and
WHEREAS, the special assessment provided hereunder
shall, for any given record owner of property within the area
specially benefited, be in an amount equal to that proportion of
seventy-five percent (75%) of the total cost of the project which:
A) if platted, the number of _platted lots owned by the given owner
bears to the total number of platted lots within the area specially
benefited, B) If not platted, the potential number of buildable lots
which are contained in each parcel owned by the given owner bears to
the total number of lots within the area specically benefited; and
WHEREAS, the special assessment 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, Indian River County Shall pay the remaining
twenty-five percent (25%) of the toal cost of the project; and
WHEREAS, any special assessment not paid within said
ninety (90) day period shall bear interest beyond the due date at a
rate established by the Board of County Commissioners at the time of
preparation of the final assessment roll, and shall be payable in
two (2) equal installments, the first to be made twelve (12) months
from the due date and the second to be made twenty-four (24) months
f rom the due date; and
WHEREAS, after examination of the nature and
anticipated usage of the proposed improvements, the Board of County
Commisioners has determined that the following described properties
shall receive a direct and special benefit from these improvements,
to wit:
Lots l through 5, Block F, Lots 1 through 12, Block G, Lotsl
through 12, Block H, Lots 1 through 6, Block R, Lots 19
through 22, Block A, Ercildoune Heights Subdivision No. 2 as
recorded in Plat Book 4, Page 5 of the Public Records of
Indian River County, Florida.
That part of the following described land West of the West
R/W of new U.S. #1 parts of Gov't Lot 2, 3 & 4 described as
follows: Commence at a point on the West boundary of Gov't
Lot 2 & 617.80' North of Southwest corner thereof; thence
run North 35'10' East to the West Shore of the Indian River
which is the Point of Beginning; from said Point of
Beginning run South 35010' West to a point on the West
Boundary of Gov't Lot 2 & 617.8' North of SW corner thereof
thence run South on the West Boundary of Gov't Lot 2 617.80'
to the Southwest corner of Gov't Lot 2; thence run West
along South line of Gov't Lot 1 of said section to Fleming
Grant Line; thence run southeasterly along Fleming Grant
Line 1,905' to a point 83' Northwesterly of centerline of
New Roseland Road; thence North on a line perpendicular to
South line of Gov't Lot 2 821.23' to an iron pipe; thence
North 44°50' East a distance of 758.40' to an iron pipe;
thence North 41° 23' EAst a distance of 1,214 feet to the
West shore of the Indian River; thence Northwesterly
meandering West shore of the Indian River to the Point of
Beginning, less the following described property from a
point 617.80' North from the Southeast corner of Gov't Lot
1, Section 25, Township 30 South, Range 38E, said point
being Point of Beginning run North 35°10' East a distance of
521.15' to West R/W of State Road No. 5; thence South 15025'
East a distance of 494.53' along West R/W of State Road No.
5 to a Point in the Center of Old Roseland Road thence South
4°14' West a distance of 49.45' along centerline of Old
Roseland Road; thence South "35010' West a distance of
742.98'; thence North 707.36' to the Point of Beginning;
containing 6 acres more or less and less part of Old
Roseland Road R/W Westerly of New U.S. No. 1; as in OR Book
396, PP 575 (OR Book 403, PP 609) less Sebastian River
Medical Plaza as per PBI 11-49 & OR Book 661 PP 310.
That part of the following described land from a point
6-17.80' North from the Southeast corner of Gov't Lot 1,
Section 25, Township 30 South, Range 38 East said point being
the Point of Beginning; run North 35°10' East a distance of
521.15' to the West right of way of State Road No. 5; thence
South 15025' East a distance of 494.53' along the West right
of way of State Road No. 5 to a point in the center of Old
Roseland Road; thence South 4114" West a distance of 49.45'
along the centerline of Old Roseland Road; thence South
35010' West a distance of 742.981; thence North 707.36' to
the Point of Beginning; containing six acres more or less;
and also less that part of Old Roseland Road occupied by said
description.
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 ratified in
their entirety.
2. A project providing for paving and drainage
_ improvements to 140th, 141st, 142nd and portions of 143rd Streets,
142nd Way, 79th, 80th and 81st Avenues hereto designated as Public
Works Project No. 8623, is hereby approved subject to the terms
outlined above and all applicable requirements of Ordinance 81-27.
OCT 14 1996 aooK r.49
L-
BOOK 66 PAF. 50
The foregoing resolution was offered by Commissioner
Lyons who moved its adoption. The motion was seconded by
Commissioner Wodtke and, upon being put to a vote, -the
vote was as follows:
Chairman Don C. Scurlock, Jr. Aye
Vice Chairman Patrick B. Lyons Aye
Commissioner Margaret C. Bowman Aye
Commissioner Richard N. Bird Aye
Commissioner William C. Wodtke, Jr. Aye
The Chairman thereupon declared the resolution duly passed
and adopted the 14th day of October , 1986.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY FLORIDA
BY/ G
'e�Lz 4 91
DON SCUR OCK, JR , CHAIRMAN
Attest: �� - CEJ
Ll
FREDA WRIGHT, CLEPA
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY(
By_%)V�
County Attorney's Office
PUBLIC HEARING - GRAND HARBOR REQUEST TO REZONE 60.73 ACRES FROM
CG TO RM -6, AND TO REZONE 58.39 ACRES FROM RM -6 and RS -6 to CG
The hour of 10:15 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached to wit:
YERO 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 newspatier published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
e
in the matter
in the !� clCourt, was pub-
lished in said newspaper in the Issues of li 1��• �/ 7 G
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-
tiserrent; and affiant further says that he has neither paid nor promised any person, firm or
corporation any discount, rebate, commission or refund for the purpose of securing this adver-
tisement for publication in the said newspaper. 01
Sworn to and subscribed for07
a th' day of _ A Q
4. •
Y --Business Manager)
(Clerk of the Circuit Cou , Indian River County, Florida)
(SEAU
51
BOOK
NOTICE — PUBLIC HEARING
NOOee of hearing to Consider the adoptips sit
a County oroinanee
i4
bird hoe: RS4L
and F0,11-6.
MMulpptrie•Famdy Resrdentu>I Get to Ct1
oral Corrnmerctal Diatrkt. The Property b aF
Cated Ust eSaintly v� hof � Indian Rim and soutGrand Harbor. Inc- thh olbRta-
—=b as:
In em Lob 1 and Z Serb h 13, part Of
the Soutlreast quarter of section 14; part
of Govemmem Lot 7 and the weal hag j
of the NOMwee quarter 01 Section 24•
8nd a part of the Northeast quarter of
Section 23; all in Township 32 South,
Range 39 East Indian Rarer
Fronde:
the bourttlary at said parcel
Id more parbeulariy deeeribed as tot.. i
' From a eaxrete monument marking fie
Section comer common 4. the aforh
' Sections 13. 14, 23 and 24, run NOM 89 89 =12".561
8gtte8 58'1x' Went alOng the Section
tine 8&03 bet ro the POod of Beginning
a the parcel to be described heretic r
thence run North 00 degrees 5.48" East
of a fine parallel to the East One of said
#*ties feet
South 89 d 4, aof 10..982-
East
tido Government Lot 2 of Section 13. a
distnce all 753.49 teat thence North 14
degrees 3r 41- West, 436.84
thence NOM 00 degrees 04.01" East `
282.27 feet; ahBrtee South 89 Qegrem
55'59" East 361.87 feet more p leas, ro -
a Point an the mean high water Orta of
the west Shae of the Indian River;
which Una was established under proee-
tluree approved by trio Sbb of Florida
Department a Natural Resources dated
high 1.. 1 thercenin the fo111ovnnn g
courses and dlatanee9; South 00 de -
grass 29.30" FJtst 144.94 feet: South 13'
degrees UAW East 97.15 feet South
10 degrees W W, East 108.51 feet -
f� 19th teem 2r 23" East 9&37
fast feet Southr� 20' 25" East
East 103.49 bet South 22 deegrees 02-
3r East. 94.41 feet South 25 degrees
2r 49" East. 103.76 feet South 23 de-
grees 40750:.East. 9958 feet South 25
degrees 01'04" Eat, 99.89 feet South
23 degrees 09105" East, 97.94 feel
South 23 degrees 05'40" East 100.81
tet Scuth 36 degrees 10'53" East. 87.38
bei South 34 degrees 45'07" East
101.41 feet South 33 degrees 15' 12"
EasL 10124 feet South 33
OrCr Etat 48.14 feet South 13 de-
grees 51'14" East 5855 feet South 14
degrees 4 Mr East. 100.50 feet: South
1Menee leavh Ore mean h "te(LISr
bob
run South X55 d high ware line,
agrees a west wet,
said tet ro a pmM m the west !tali e.
said 9eaeon 24: thence south thence
odor wee 36828 tett thence
NOM 89 degrees; wast, 1227.98
feet to pent m thea Northeast Nt quarte of
88W Sectio* 23: thence c@ run Norm W tl6
groes 00'40" East on a fine oaresei to
9re East lure of Section 23. 566.20 last
mac o lesv. ro the Point .
Cantatttirig 59]87 sees, .1480=-9.
A puMc hearing at which parties in interest
and phzena shaa have an opportunity to be
heard, will be held by the Board of County Con.
misstoners of Indian Rive County, Florida, in the
County Commias+an ChamDars a the Conry
Atlmimstration Bhuwing, located at 1840 25th t
Street. Vero Beacn. Florida, on Tuesday, Oso. f
bei 14, 198& at 10.15 a.m. ,
The Board of County Commissiotera may
grant a less intense zoning tlbata titan Oto tlis-
ma requested prOoded 4 is twin the came
general use category.
Anyone who may wish to appeal arty decbbn
which may be made at this meeting wit) need to
anahre that a vebahm record of the proCeeputgy
b made which includes the teserrhdrty a7" a 8w•
tient upon which me some) is based.
Indian River Coady
Board of County CorrmbNWne t • -
By-s-0on C. Scurlock. Jr.
Cheuman
Sept. 24.1985
66 PnUF. 51
I
VERO BEACH PRESS -JOURNAL
Published Weekly
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER:
STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
r
In the matter of G
Ul
In the Court, pub-
leer,
8.93
/was
•ast
r26"
fished in said newspaper in the Issues of
outh
run
Affiant further says that ISO said Vero Beach Press -Journal is a newspaper published at
eat
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
NOTICE—PU9UC HEARING
wrisider the adop0an of
as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida
. Notice of hearing to
a County ordinance ;,zo�mgg lend from: CO,
to RM -6. MulOPte•
for a Period of one year next preceeding the first publication of the attached copy of adver-
General Commercial District
Family Residential 01 tdct. The property m P'*'
Harbor, lnc., and is Io-
tisement; and affiant further says that he has neither paid nor promised any person, firm or
ym6y mwned by Grand
wrest of ma Indian River, al 49th Street Oil -chard
Corporation any discount, rebate, commission or refund for the purpose of securing this adver-
car
tensThe wDie. t party is described as:
mer 'of
t.srment for publication in the said newspaper.r�/"�� ,
Commence T the
Becton 24, nsh^iD SooW
Swnrn to and subscribed before m Jhii-,.e^�—day o
} 39 East Indian Rival County, Flo, a:
..,....,.nh 99°6913V East and
0 ./
fir -J (Business Manager)
(Clerk of the Circuit Co t, Indian River County, Florida)
(SEAL)
1
dlstancs of
leer,
8.93
verse verve
curve. nevi
•ast
r26"
Chola bear)
outh
run
and a Cent'
eat
�..
,- distance of
NOTICE—PU9UC HEARING
wrisider the adop0an of
verse cum
curve, howl
phora bear
. Notice of hearing to
a County ordinance ;,zo�mgg lend from: CO,
to RM -6. MulOPte•
d Cant
0'
General Commercial District
Family Residential 01 tdct. The property m P'*'
Harbor, lnc., and is Io-
atatenee
verse eury
cum, �r
ym6y mwned by Grand
wrest of ma Indian River, al 49th Street Oil -chard
heel
car
tensThe wDie. t party is described as:
mer 'of
and a coni
distance 0
dun
Commence T the
Becton 24, nsh^iD SooW
versa
Curve, oar
} 39 East Indian Rival County, Flo, a:
..,....,.nh 99°6913V East and
,had Dee
and a con
then
1 dist{
1 dlate
LP
l
Poin
meal
1 5
i Nort
then
! test.,
I 56.5
Willi
y 421,
S 248
Sou
:thei
lee.
t.
rad
cut
Chi
l am
(; dis
i; 46
soi
to
sc
of
ve
} M
F, a
I N
a
h
'b
'.7 C
C
. t
t
i
.i
curve.
chord
and a
dislan
verse
cchhord
and a
south
ce run
i feet
468.09
with a
thence Nn .
X98 lest to a • .
r0, having a
d bearing of
d a central
are distance, .
reverse Cur-
es 0 iho4
West and a
an are die-.
�Mt of reverse
lestis
c oe�
• Was1. and a
ongtrun point
e onglemessld
ydius Of 91-97 outh 19°34'45" West
I of 95°21'40", an ere
feel to a point of lo -
fence Nn along said
dius of 201.28 feet a
iouma35°40'57" West
o°n,•19•'. an are
iuth
run
A public it al which parties In Intelsat
have On Opportunity 10 be
leer,
8.93
and citizens shalt CounCom-
heard, will be held by
County, Honda, in the
•ast
r26"
misslonere of Indean River
I County Comm,sseon Chain is of the County
located at 1840 25th
outh
run
Administration Building.
Street, Vero Beach, Florda, on Tuesday, sato-
eat
Der 14, 1986, at 10:15 a.m.
The Board of County commissioners may
district than the des -
Eget
with
pram a leas Intense zoning
Diel routes provided d Is within the same
g
4'20"
general use Category. al an decrai,n
Anyone who may wish to eDDe Y
will need to
I said
tet, a
Y roceetlmgs
which ma be made al via d of tha
o the p
insure the) record testimonyand �-
peal
West.
are
i h includes
b made which Includes
dance anon which the epee is based
of re-
o
said
Indeed River County
Board of County Commissioners
,urva-B
-s-Don C. Scurlock. Jr.
haw
been,
C ea,
Sept. 24, 1988
mce run along said verve,
N
North 40°58'08" West, andra
311, of 68.6r51', an are drs-
81.37 feet, thence run North
Weal 220.66 feet to a point of
of a verve to the right thence
sold wive, having a radius Of
it a chord bearing o1 North
East and a central angle Of
" an are distance 01 310.96
point of revOm curvature:
n 8loieg 'old curve heving A
347.97 eet a chard'bearing of
29.04" East and a central ..
43°19.06" an are distance 01
It more or less to a point on the
h waterline of the Indian Rival.
inswing the mean high water
the Indian River run North '• ,
West 101.00 test, thence run
129.08'• West 96.26 feet: mance
N 27°19'20•• West, 103.59 feet:
m North 26°35'00" West 97.31.
rice run Nonh 23°45'58" West ?: .
1l, thence run Norm 10°43'13' •� : .
5.33 lee t na run North .�
a.nrw inn
mance run North 26°25'11" Well, m.+�
,i feet: thence run North 19°40'11" West.
97.16 feet thence run North 40°53'07"
West 6812 feet: thence run North ,
19°67'49" Wool. 59.42 feet to the Point
of Begilm2• Containing 30.60 acres.
Said per
r I more a lees.
0
i
i
act
O
Q
MA
N
Richard Shearer, Chief of Long Range Planning, presented the
followingstaffrecommendation dated 9/29/86:
TO: The Honorable Members DATE: September 29, 198PILE:
of the Board of County
? Commispioners
DIVISION HEAD
yylCONCURRENCE:
1�+ `' "�� i-� a SUBJECT: GRAND HARBOR REQUEST TO
Robert M. Keating, AICP REZONE 60.73 ACRES FROM
Planning & Development Director CG TO RM -6 AND TO REZONE
58.39 ACRES FROM RM -6
AND RS -6 TO CG
5
FROM: Richard Shearer, REFERENCES:
Chief, Long -Range Planning
It is requested that the data herein presented 'be given formal
consideration by the Board of County Commissioners at their
regular meeting of October 14, 1986.
DESCRIPTION & CONDITIONS
Grand Harbor, Inc., an agent for the owners, is requesting to
rezone 60.73 acres (parcel .#1) located on the west side of the
Indian River at the approximate intersection of the river and the
49th Street extension from CG, General Commercial District, to
RM -6, Multiple -Family Residential District (up to 6 units/acre);
and to rezone 58.39 acres (Parcel #2) located on the west side of
the Indian River, south of the North Relief Canal and immediately
north of Parcel #1, from RM -6 and RS -6, Single -Family Residential
District (up to 6 units/acre), to CG.
The applicants are requesting these two rezonings to provide a
more efficient land use pattern within their overall development.
On September 25, 1986, the Planning and Zoning Commission voted
7 -to -O to recommend approval of these requests.
ALTERNATIVES & ANALYSIS
In this section, an analysis of the reasonableness of the appli-
cation will be presented. The analysis will include a descrip-
tion of the current and future land uses of the site and sur-
rounding areas, potential impacts on the transportation and
utility systems, and any significant adverse impacts on environ-
mental quality.
Existing Land Use Pattern
The subject property consists of citrus groves, undeveloped land,
dredged waterways, filled land, and mangrove marsh. North of the
subject property are citrus groves, filled land and a
sedimentation basin located between the north relief canal and
the Indian River Lagoon; this area is zoned CG, RS -6 and RM -6.
Further north, across the north relief canal, are citrus groves
and' a mangrove marsh zoned RS -3 and RS -1, Single -Family
Residential -District (up to 1 unit/acre). East of the subject
property is the Indian River Lagoon. South of the subject
property is filled land and a mangrove marsh zoned RM -6. West of
the subject property are citrus groves zoned RS -6 and RM -6.
53
BOOK �� DU 53
OCT BOOK 66 54
Future Land Use Pattern
The Comprehensive Plan designates 29.33 acres of Parcel #1 as'
Environmentally Sensitive (up to 1 unit/acre) and designates the
remaining 31.4 acres of parcel #1 as MD -1, Medium -Density
Residential 1 .(up to 8 units/acre). Moreover, the Comprehensive
Plan designates Parcel #2 and the land located west of the
subject property as MD -1. The land north of the subject property
is designated as LD -1, Low -Density Residential 1 (up to 3
units/acre), and Environmentally Sensitive. The land south of
the subject property is designated as MD -1 and Environmentally
Sensitive. In addition, the Comprehensive Plan designates a 65
acre tourist/ commercial node at the approximate intersection of
the Indian River and 49th Street extension.
The proposed rezoning would shift the existing commercial zoning
northward from the environmentally sensitive land to the existing
harbor area which was dredged and filled several years ago. The
proposed rezoning would also consolidate all of the commercial
zoning in the node in one area. The staff feels that this
proposed zoning pattern is far superior to the existing zoning
configuration in this area.
Transportation System
The subject property will have indirect. access to U.S. 1 and
North Indian River Boulevard (both classified as arterial streets
on the County's Thoroughfare Plan). The proposed rezoning is not
expected to generate any additional traffic over what would be
generated by development allowed under the existing zoning
pattern.
Environment
Approximately 29.33 acres of the subject property are designated
as environmentally sensitive. In addition, the subject property
is located in an A9 flood zone (elevations 5' and 61), indicating
an area within the 100 year floodplain.
Utilities
County water and wastewater facilities are not currently
available for the subject property.
RECOMMENDATION
Based on the above analysis, including the Planning and Zoning
Commission's recommendation, staff recommends approval- of this
two-part rezoning request.
54
Commissioner Lyons asked why we are rezoning environmentally
sensitive Land to 6 units per acre when the Comp Plan sets it at
1 upa, and Mr. Shearer explained that the change would not give
them any more density whatsoever.
Chairman Scurlock opened the Public Hearing and asked if
anyone wished to be heard in this matter.
Michael Bushnell, staff member of Treasure Coast Regional
Planning Council, advised that he is here today simply to reserve
Council's right to appeal the proposed change that is going to be
considered today on the Grand Harbor Development Order.
Commissioner Bowman asked if he.had any objections to the
rezoning request, and Mr. Bushnell stated that he did not object
after hearing the explanation that it needs to be done and in
this order to allow a transfer of development out of environ-
mentally sensitive lands.
MOTION WAS MADE by Commissioner Bird, SECONDED by
Commissioner Wodtke, that the Board adopt
Ordinance 86-67, rezoning 60.73 acres from CG to RM -6
and rezoning 58.3.9 acres from RM -6 and RS -6 to CG.
Under discussion, Commissioner Wodtke stated that he
seconded the Motion with the understanding that it is
environmentally sensitive land and does not increase any
densities.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
was voted on and carried unanimously.
T 1 `�W
5 5 BOOK�6 F,,,r 5
-7
BOOK 66 5 6
ORDINANCE NO. 86-67
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING
THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP
FOR THE PROPERTY DESCRIBED HEREIN, AND PROVIDING
FOR EFFECTIVE DATE.
WHEREAS, The Planning and Zoning Commission, sitting as the
local planning agency on such matters, has held'a public hearing -
and subsequently made a recommendation regarding this rezoning
request; and
WHEREAS, The Board of County Commissioners of Indian River
County, Florida, did publish and send its Notice of Intent to
rezone the hereinafter described property; and
WHEREAS, The Board of County Commissioners has determined
that this rezoning is in conformance with the Land Use Element of
the Comprehensive Plan of Indian River County; and
WHEREAS, The Board of County Commissioners has held a public
hearing pursuant to this rezoning request, at which parties in
interest and citizens were heard;
NOW, THEREFORE, BE IT ORDAINED, by the Board of County
Commissioners of Indian River County, Florida, that the Zoning of
the following described property situated in Indian River County,
Florida, to -wit:
Commence at the northwest corner of Section 24, Township 32
South, Range 39 East, Indian River County, Florida; thence
run north 89059136" East and along the North line of said
Section 24, a distance of 1588.00 feet more or less to a
point on the mean high water line of the Indian River, said
point being the Point of Beginning; thence following the
mean high water line run North 15°31154" West, 76.24 feet;
thence run North 13038112" West, 106.16 feet; thence run
north 14044102" West, 100.50 feet; thence run North
13°51'14" West, 56.55 feet; thence leaving the mean high
water line run South 70°22125" West, 421.99 feet; thence run
South 10020123" East, 385.97 feet; thence run South
24°13'08" East, 201.90 feet; thence run South 26°44'49"
West, 252.19 feet; thence run South 15033132" East, 468.09
feet to a point of intersection with a curve to the right;
said curve having a radius point which lies North 12°20'05"
West, 347.96 feet; thence run along said curve, having a
radius of 347.96 feet, a chord bearing of North 74°11'07"
West, and a central angle of 56°17'5711, an arc distance of
341.90 feet; thence run North 46002108" West, 273.79 feet;
thence run South 71007131" West, 152.98 feet to a point of
curvature of a curve to the left; thence run along said
curve, having a radius of 119.30 feet, a chord bearing of
South 35017'11" West, and a central angle of 71040'40", and
an arc distance of 149.24 feet to a point of reverse
curvature; thence run along said curve, having a radius
182.65 feet, a chord bearing of South 26030158" West, and a
central angle of 5400811411, an arc distance of 172.58 feet
to a point of reverse curvature; thence run along said
M M M
ORDINANCE NO. 86- 67
curve, having a radius of 742.23 feet, a chord bearing of
South. 48032103" West, and a central angle of 10006105", an
arc distance of 130.86 feet to a point of intersection with
a curve to the left; said curve having a radius point which
lies South 23007107" West, 651.48 feet; thence run along
said curve, having a radius of 651.48 feet, a chord bearing
of North 85015145" West, and a central angle of 3604514411,
an arc distance of 418.00 feet to a point of intersection;
thence run South 13038'37" East, 300.77 feet to a point of
intersection with a curve to the right; said curve having a
radius point which lies South 13038'37" East, 350.71 feet;
thence run along said curve, having a radius of 350.71 feet,
a chord bearing of South 56020152" East, and a central angle
of 94°35130", an arc distance of 579.00 feet to a point of
reverse curvature; thence run along said curve, having a
radius of 767.94 feet, a chord bearing of South 18034136"
East, and a central angle of 1900215811, an arc distance of
255.32 feet to a point of reverse curvature; thence run
along said curve, having a radius of 97.97 feet a chord
bearing of South 19°34145" West, and a central angle of
-95°21'40", an arc distance of 163.05 feet to a point of
reverse curvature; thence run along said curve, having a
radius of 201.28 feet, a chord bearing of South 35040'57"
West, and a central angle of 6300911511, an arc distance of
221.86 feet to a point of reverse curvature; thence run
along said curve, having a.radius of 228.01 feet, a chord
bearing of South 16°58'46" West, and a central angle of
25044153", an arc distance of 102.46 feet to a point of
reverse curvature; thence run along said curve, having a
radius of 167.79 feet, a chord bearing of South 10058128"
East, and a central angle of 8103912311, an arc distance of
239.13 feet to a point of intersection; thence run South
85°53'57" East, 183.52 feet; thence run South 46058144"
East, 404.37 feet; thence run North 88°35'37" East, 263.72
feet; thence run South 00053116" East; 138.93 feet; thence
run South 89020131" East, 150.80 feet; thence run North
02°29'26" East, 138.24 feet; thence run South 88031121"•
East, 361.13 feet, thence run North 16026128 East, 651.16
feet; thence run South 88056'44" East, 527.73 feet; thence
run South 70044120" East, 96.14 feet to a point of inter-
section with a curve to the left; said curve having a radius
paint-whic4i lies North 70044'20" West, 348.62 feet; thence
run along said curve, having a radius of 348.62 feet, a
chord bearing of North 08051130" West, and a central angle
of 5601412011, an arc distance of 342.19 feet to a point of
reverse curvature; thence run along said curve, having a
radius point of curvature; thence run along said curve,
having a radius of 674.91 feet, a chord bearing of North
21°45112" West, and a central angle of 3002615811, an arc
distance of 358.67 feet to a point of reverse curvature;
thence run along said curve, having a radius of 300.59 feet,
-4 a chord bearing of North 40058108" West, and a central angle
of 68°5215111, an arc distance of 361.37 feet; thence run
North 78053153" West, 220.66.feet to a point of curvature of
a curve to the right; thence run along -said curve, having a
radius of 125.74 feet, a chord bearing of North 05037122"
East, and a central angle of 16900213011, an arc distance of
370.96 feet to a point of reverse curvature; thence run
along said curve, having a radius of 347.97 feet, a chord
bearing of North 68°29'04" East, and a central angle of
43°19'06" an arc distance of 263.08 feet more or less to a
point on the mean high water line of the Indian River;
thence following the mean high water line of the Indian
River run North 38005'50" West, 101.00 feet; thence run
North 32029106" West, 96.26 feet; thence run North 27019120"
West, 103.58 feet; thence run North 26°35100" West, 97.31
feet; thence run North 23045158" West, 99.93 feet, thence
run North 1-6°43'13" West, 95.33 feet; thence run North
21017120" West, 100.72 feet; thence run North 26033153"
West, 108.16 feet; thence run North
57 Boor 66 Fvt)E 57
r,OCT 14 1986
BOOK 66 FA;F 58
ORDINANCE NO. 86-67
26°25111" West, 99.45 feet; thence run North 19°40'11" West,
97.16 feet; thence run North 40°53107" West, 56.12 feet;
thence run North 18057149" West, 59.42 feet to the -Point of
Beginning.
Said parcel containing 60.73 acres more or less.
Be changed from CG, General Commercial District, to RM -6,
Multiple -Family Residential District.
All with the meaning and intent and as set forth and described in
said Zoning Regulations.
And that the zoning of the following described property situated
in Indian River County, Florida, to -wit:
A parcel of land lying in part of Government Lots 1 and 2,
Section 13, part of the Southeast quarter of Section 14;
part of Government Lot 1 and the West half of the Northwest
quarter of Section 24; and a part of the Northeast quarter
of Section 23; all in Township 32 South, Range 39 East,
Indian River County, Florida; the boundary of said parcel
being more particularly described as follows:
From a concrete monument marking the Section corner common
to the aforesaid Sections 13, 14, 23, and 24, run North 89
degrees to 56' 17" West, along the Section line 66.03 feet
to the Point of Beginning of the parcel to be -described
herein; thence run North 00 degrees 5' 48" East on a line
parallel to the East line of said Section 14, a distance of
1098.46 feet; thence South 89 degrees 54' 12" East, into
Government Lot 2 of Section 13, a.distance of 753.49 feet;
thence North 14 degrees 37' 41" West, 436.84 feet; thence
North 00 degrees 04' 01" East, 262.27 feet; thence South 89
degrees 55' 59" East, 361.87 feet, more or less, to a point
on the mean high water line of the West Shore of the Indian
River; which line was established under procedures approved
by the State of Florida Department of Natural Resources
dated April 1, 1985; thence following the mean high water
line, run the following courses and distances; South 00
degrees 29' 30" East, 144.84 feet; South 13 degrees 34' 40"
East, 97.15 feet; South 10 degrees 00' 00" East, 106.51
feet; South 13 degrees 27' 23" East, 98.37 feet; South 14
degrees 20' 25" East, 86.73 feet; South 21 degrees 28' 43"
East, 103.49 feet; South 22 degrees 02' 39" East, 94.41
feet; South 25 degrees 27' 46" East, 103.76 feet; South 23
degrees 40' 50" East, 99.55 feet, South 25 degrees 01' 04"
East, 99.99 feet; South 23 degrees 09' 05" East, 97.94 feet;
South 23 degrees 05'40" East, 100.81 feet South 36 degrees
10' 53" East, 97.38 feet; South 34 degrees 45' 07" East,
101.41 feet; South 33 degrees 15' 12" East, 101.24 feet. -
South 33 degrees 07' 40" East, 48.14 feet; South 13 degrees
51' 14" East, 56.55 feet; South 14 degrees 44' 02" East,
100.50 feet; South 13 degrees 38' 12" East, 106.16 feet;
thence leaving the mean high water line, run South 55
degrees 50' 42" West, 489.80 feet to a point in the west
half of said Section 24; thence South 00 degrees 04' 01"
West 366.28 feet; thence North 89 degrees 55' 59" West,
1227.98 feet to a point in the Northeast quarter of said
Section 23; thence run North 00 degrees 00' 40" East on a
line parallel to the East line of Section 23, 566.20 feet,
more or less, to the Point of Beginning.
Containing 58.387 acres, more or less.
Be changed from RS -6, Single -Family Residential District, and
RM -6, Multiple -Family Residential District, to CG, General
Commercial District.
58
ORDINANCE NO. 86-67
All with the meaning and intent and as set forth and
described in said Zoning Regulations.
Approved and adopted by the Board of County
Commissioners of Indian River County, Florida.on this 14th day
of October , 1985, -
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
By /
Don C. Scut ock, Jr., airman
ATTEST BY: 1'4,tz �
FREDA WRIGHT, C rk
PUBLIC HEARING - GRAND HARBOR ESTUARINE PLAN AND CONCEPTUAL PRD
PLAN APPROVAL
The hour of 10:15 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to wit:
VERO BEACH PRESS -JOURNAL
Published Weekly
Vero Beach, Indian River County, Florida +
COUNTY OF INDIAN RIVER:
STATE OF FLORIDA
Before the undersigned authority personally .spoeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -journal. a weekly newspaper published
Verb at Beach in Indian Rayer County, Florida; that the attached copy of advertisement, being
y �/l.C�f.1lil
in the matter of �� ''�✓Z c.c-�/%
in the Court, was pub-
):stied in said newspaper in the issues of J�� 4� , �G � 4Z0
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 heretotom
been continuously oubhshed in said Indian Rrver County, Florida, weekly and has been entered
as second class marl matter at the post office in Vero Beach, in said Indian River County, Florida
for a period of one year next preceeding the tint publication of the attached copy of adyer.
hsemenry and atfiant furtner says that he has neither pard nor promised any person, firm or
corporation any discount, rebate, commrssron or refund for the purpose of securing this ad—
tisement for publication rn the said newspaper.
Swum to and subscribed before this qday 0 " f .D,.LTW
L=
/trr 1. (Business Manager)
_J �{ _;u e::{
• ` (Clerk of the Circum Couitf Indian River County, Florida)
(SEAL)
59
areas where a—.�«+�«----.-
yon,nfea titrant Me esaang rtesMepmeat -
maw. AdWaen of me prpponed ametdprent
thanbill daylabon
meayadooted peyeropnront Or6er•
Anyone whom may wmh to appal ero QscF
yon wmcn may pe more n ilia mesan0 srM
need to ensue Mat iyeWalures the
h 0lnn iiia•
and ew a macs n arclWea appeal
and eyaertee upon wmeer er appaW oral a
weed trdun Rha County
B,,4)o CC.SSoU1i0M'
Charman
sept. 24.1988
OCT 14: ���0 Boa U FACE 59
` I , ,,
• o
VERO BEACH PRESS -JOURNAL
Published Weekly
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER:
STATE OF FLORIDA
- _-: - T -" ` - ` `Tegfn�ng e -a concrete monument
t -bears South 73°39'13" West, 17,248.78
th ce which
NOTICE OF PUBLIC HEARING
B
marking the Southwest comer of the
Southeast quarter of the Northwest
feet; thence following said right-of-way
line, run Southeasterly on a curve to the
Notice of hearing ,consider granting
gr) con-
quarter of Section 23, Township 32
right, having a radius of 17,248.78 feet
Planned Residential Development (er
Planned
special exception approval of a protect
dwelling
South, Range 39 East, Indian River
Count+ Florida thence run North
and central angle 01°37'29", run an arc
distance of 48of-w feet: thence leaving
proposed to Include 2,764 residential
tennis club, and
89°37 36„ Wim• 81.47 feet to a point on
High -
the East right of -way line of U.S. High -
to the left, havinga
units, a golf course, golf club,
estuarine system. The subject property, contain-
570 acres is Located north of
the East right-of-wayy line of U.S High-
way No. 1; thence following said right of-
East,,
way No. 1 on a curve
radius of 25.00 feet and a central angle
an arc distance of
Ing approximately
45th Street and south of 53rd Street and the
Highway #1
way line, run South 19 03154"
27.57 feet; thence on a curve to the right
of 74°59'33", run
32.72 feet; thence South 89°42'51" East,
North Relief Canal, between U.S.
and the Indian River: The applicant fe Grand
having a radius of 17,248.78 feet end a
angle of 00°28'10", run an arc
31.73 feet; thence South 00°17'09"
West, 35.00 feet to a point on the South
Harbor, Inc. b ' ? :h;
central
distance of 141.32 feet; thence leaving
line of the aforesaid Northeast Quarter
The subject properly is described as:
Bain parcels of lend lying in Sections ' . ;
Bel
32 South,
` . said . right-of-way line, run North
46022128" East, 1415.33 feet; thence
of the Southwest Quarter of Section 23;
thence along said South line, run South
the Point
13, 23• and 24. Township
Range 39 East, Indian River County, • ;
North 36°33'34" West, 127.38 feet;
• thence on a curve to the right, having a
89°42'51" East, 968.64 feet to
of Beginning; LESS AND EXCEPTING
Florida; said parcels being more particu- , :;
in,
t radius of 3968.10 feet and a central
THEREFROM, that portion of the 70 foot
)arty delineated and, described, the ,
sections as follows:
,'-angel of 05°27'28", run an arc distance
377.79 feet; thence South 59°38'56
wide drainage outfall ditch right-of-way
rensporta-
to the Florida Department of Transports-
13
of ._
U-South
" is described in part as the
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath °n West, 257.91 1 e on
Government Lots 1 and 2, less and ex g9 69'28 Wee, r ,1► �. to a polhf " East 70 feet of the Northeast quarter of
says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published ceptingthe following described pa4 a-- the Southwest Quarter of Section 23,
-14
+ cCD
Parcel No. 4
Commence at the Southwest comer of
Section 13, Township 32 South, Range
39 East, Indian River County, Florida;
thence run North 00°05'48" East and
along the West line of said Section 13 a
distance of 1098.36 feet to the Point of
Beginning. From the Point of Beginning
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being All that part of Government Lot on the West 1168 of said Southeast quay Township 32 South, Range 39 East. continue along the said West line, North
13 T ship 32 South Range 39 . . } S ti 23 CO -1- 28.384 acres net 00105'48" East, 745.09 feet; thence run
a Non own ter of Northwest quarter o ec n a rpendlcular to said West hne, South
East, lying North of.the folon lowing de-
scribed line: From the Southwest corner
of said Section 13, run North along the
West line of Government Lots 1 and 2 in
i said Section 13 a distance ofg2,025.98
thence
in the matter of
feet
ntEast, onto thePnt ailine parallel to the South
line of said Section 13, to the West shore
of the Indian River for the point of end
Ing. , .
Together with an .easement for mainte-
nance purposes, Ingress andegress on;
over and across the following det;crihed
i. parcel:
The North 15 feet of the South 2,025-96T :
feet of Section 13 South, Range 39 East.':.
less and excepting the West 200 teat."'.'
.`thereof-, said easement lying and being
"'in Government Lot 1 of said Section 13 at
Containing 64.8 acres* more Or leas 'Secrtl5
TThThuee Southheast quarter of the Northwest'
Southwest qand uarter (Dying Eaqstaof U.S. No
1) and the Northwestquarter of the
Southwest quarter (lying East of U.S. No:'' :;
1). Containing 71,858 acres, more, -.or t
less.
The West half of the North halt aest
Northwest quarter Of the .,
;1+ quarter of Section 23.
The East half of the Southeast quarter 'r•
and the East half of the Northwest quar-
ter of the Southeast; quarter of Section
23. ., L ,,
Tire Southegit quarter of, the Northeast„ .
quarter of Section 23.
The South half of the Northeast quarter
of the Northeast quarter of Section 23.
The South half of the Northwest quarter
of the Northeast quarter of Section 23.
The Southwest quarter of the Northeast
qquarter of Section 23.
Containing 232.996 acres, more or less.
Section 24:
The West half of the West half of Section
24.
All of Government Lot 3 lying North of
Gifford Dock Road as described in Off-
clal Record Book 600. Page833,- ti. .
Containing 176.996 acres, more or less.
half of dhe Eget
f the Southwest quarter. t
All in Section 24, Township 32 South, .
Range 39 East, Indian River County
Florida.
Containing 139.038 acres, more or less
And less and except the following fOuf
described parcels;
In the i Court,/was pub-
lished in said newspaper in the issues of
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, weekly and has been entered
as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida
for a period of one year next preceeding the first publication of the attached copy of adver-
tisement; and affiant further says that he has neither paid nor promised any person, firm or
corporation any discount, rebate, commission or refund for the purpose of securing this adver-
tisement for publication in the said newspaper.
Sworn to and subscribed
I(SEAL)
(Clerk of the Circuit
day
Manager)
Indian River County, Florida)
thence run South 00°0648" East, along! Parcel No. 3 89°54'12" East, 187.35 feet more or less
the West line of said Southeast quarter' From a concrete monument marking the to a point at the Northwest corner of a
of Northwest quarter, -'tl 02.84 feet to the Section comer common to the aforesaid manmade boat basin; thence following
point of inning; LESS AND EXCEPT-
,
point Sections 13, 14, 23 and 24, run North the West shoreline of said boat basin,
ING THEREFROM that part of the 70 89° 56117" West, along the Section line run South 00°20'23" East, 745.11 feet
foot wide drainage outfall ditch right -of- 88.03 feet to the Point of Beginning of more or less; thence leaving said shore -
way to the Florida Department of Trans- the parcel to be described herein; thence line, run North 89°54'12" West, 193.02
ti portation; the centerline of said 70 foot ren North 00° 06'48" East on a line par- feet, more or less, to the West line of said
wide right-of-way being described as the elle) to the East line of said Section 14, a Section 13 and the Point of Beginning.
North Zine of the South half of the South- distance of 1098.46 feet; thence South Said parcel lying and being in Indian
east quarter of the Northwest uarter of 89° 54.12" East, Into Government Lot 2 River County, Florida, and contalning_
Section 23, Township 32 South, Range of Section 13, a distance of 753.49 feet; 3.25 acres, more or less.
39 EasL thence North 14°37' 41" West, 436.84
Containing 16.08.acres, net. fes; thence North 00° 04'01" East, A public hearing at which parties in Inters
Parcel, No. 2 262,27 feet; thence South 890 65'59" and citizens shall have an opportunity to t
Beginning at a concrete monument mar- East 381.87 feet, more or less, to a point heard, will be held by the Board of County Con
kign the Southeast Corner of the North- on the mean high water line of the west missioners of Indian River County, Florida, c
east quarter of the Southwest uartgger shore of the Indian River; which line was Tuesday, October 14, 1986. The item will be cot
-Section East, ndian Township
hiiepr 2 South,F�l an a established under procedures approved sidered at 10:15 a.m. The meeting will be held
thence run North River 28" East, 663.16 by the State of Florida Department of the County Commission Chambers of the Court
w feet c the Southwest Comer a the West Natural Resources dated April 1, 1985; Administration Building, located at 1840 25'
halt o the North half of the Northwest thence following the mean high water Street, Vero Beach, Florida,
quarter of the Southeast quarter of said line, run the following courses and die- Anyone whom may wish to appeal any dec
Section f t thence following the South, fencer South 00° 29' 30" East, 144.84 Non which may be made at this meeting w
line of said West half ll the North half South,
feet; South 13° 34'40" East, 97.15 Net need to ensure that a verbatim record of the pr
South 10° 00' 00" East, 106.51 fest ceedings is made which includes the testimot
the Northwest quarter. of the Southeast. South 138 271 23" East, 98.37 feet; South and evidence upon which the appeal will t
quarter of Section 23, run South140 20'2511 East, 86.73 feet; South 21 ° based.
89°43'57" East, Q26.02 feet; thence leav-' 28, 43„ East, 103.49 feet; South 22° 02'� Indian River County
Ing said south line, run North 26°12'20'• 39" East, 94.41 feet; South 250 27' 46" Board of County Commissioners
West, 257.44 feet; thence on a curve to East 103.76 feet; South 23° 40'50" East, By -s -Don C. Scurlock, Jr.
the left, having a radius of 4414.98 feet 9965 feet, South 45° 01,04" East, 99.99 Chairman
and a central angle of 02°39156", run an feet; South 23° 09'05" East,' 97.94 feet, Sept. 24, 1986
are distance of 205.39 feet; thence North South 23- 05140" East, 100.81 test; ..
65°46'57" West, 412.48 feet; thence on a South 360 10'53" East, 97.38 fest; South
curve to the left, having a radius of 34° 45107" East, 101.41 feet; South 33%.
180.61 feet and a central, angle 15' 12" East, 101.24 feet; South 33° o
75°45'14", run an are distance of 238.79 07'40" East, 48.14 feet; South 130 51' rty 5Z
feet to a point of reverse curve; thence 14" East, 56.55 feet'. South 10 44'02"
on a curve to the right, having a radius East, 100.50 feet; South 13° 38'12" East,
of 182.17, feet and a central angle of 10616 feet; thence leaving the mean
52°34124", run an arc distance of 167.15 i high water line, run South 55° 50'42"
feet to a point of reverse curve; thence West 489.80 feet to a point In the West
on a curve to the left, having a radius of half of said Section 24; thence South 00° CM
349.11 feet and a central angle of i 04'01" West 366.28 feet; thence North
25°18'45", run an arc distance of 154.23 89° 65, 651„ West, 1227.98 feet to a point
feet; thence South 65°43'29" West.
In the Northeast quarter of said Section
132.52 feet; thence on a curve to the left, 23: thence run North 00° 00'40" East on
having a radius of 547.14 feet and a con- m
tral angle of 37°49'10", run an are dis- a line parallel to the East line of Section
tante of 361.15 feet to a point of reverse 23, 566.20 feet, more or less, to the Point
curve; thence on a curve to the right, Containing 68.387 acres, more, or less.
having a radius of 555.37 feet and a can-
tral angle of 42°33'12", run an are dis-
tance of 412.47 feet to a point of inter-
section with a curve on the East right-of-
wayy line of U.S. HIGHWAY No. ti the > ,
l radius point of said right-of-way curve.
,
Chairman Lyons felt this Public Hearing should be continued
to some date certain in order to give the Planning & Zoning
Commission more of an opportunity to consider this proposal
because it has come to our attention that the P & Z Commission
did not have a copy of the Development Order to consider at the
time of their meeting. Further, the Planning & Zoning Commission
has 4 new members, the issue was not considered until late in the
evening, and in his opinion, the issue was not fully and fairly
considered.
MOTION WAS MADE by Commissioner Lyons, SECONDED by
Commissioner Bowman, that the Board continue this
Public Hearing to a time certain after it has been
workshopped by both the County Commission and the
Planning & Zoning Commission.
Commissioner Bird wished to discuss further the reason why
Commissioner Lyons felt that the information before the P&Z
Commission was inadequate.
Commis,%ioner Lyons advised that the Minutes of Planning &
Zoning meeting have been amended since that meeting, and he felt
this whole thing is premature. One of the conditions is that
there be approvals by the State and Federal agencies and he sees
no written approval of this environmental plan.
Chairman Scurlock pointed out that he has yet to see a check
list of what has been approved by all the oth-er agencies
involved, and understood that if the Commission issues a
Development Order today, the developer still could not proceed
without the approval of the other agencies. Chairman Scurlock
stated that he is very pro to the Grand Harbor project, but he
has yet to see a flow chart showing where we are, where we are
going, and who is responsible for what.
Planning & Development Director Robert Keating emphasized
that the permitting process is very complex in that one permit
OCT 14 1986 6'
BOOK U6 61
OCT 14 1966 Boos 66 F, 6
from one agency hinges on the approval of other agencies
involved. He compared it to what comes first, the chicken or the
egg. In this case, staff took the position that the County _
wants to determine what exactly it wants from the standpoint of
the estaurine system.
Commissioner Wodtke wondered if the Treasure Coast Regional
Planning Council needed our input first, and Mr. Bushnell advised
that they have some legitimate concerns they would like to see
addressed before any development occurs in Grand Harbor, and
until documents on those items are finalized, they really could
not recommend final approval to the Board. However, the Board
could approve the plan with the stipulation that the additional
pieces of information be provided before construction begins.
Art Challacombe, Chief of Environmental Planning, explained
that until Grand Harbor receives a land development permit from
the County, staff cannot and will not issue a land clearing
permit, and all permits have to be in before that can happen.
Chairman Scurlock asked how many of those permits are in
hand right now, and Mr. Challacombe stated that none were in at
at this time.
Assistant County Attorney Bruce Barkett advised that it does
not matter whether those permits arein hand right now because the
development order will be conditional upon obtaining those
permits. Each of the permits is contingent upon local
governmental approval. The fact that they do not have the
permits in hand right now is really not of consequence to the
Board, as long as the Board makes their approval contingent upon
getting those permits.
Commissioner Lyons still felt this was premature because we
are not ready.
Steve Henderson, attorney representing Grand Harbor, advised
that they are prepared to address this matter today as they feel
that any delay would present severe hardships on the developer.
He assured the Board that the developer has been very busy all
62
year in obtaining permits and anticipated that they will have all
the necessary permits in a month's time.
Richard Shaub, developer of Grand Harbor, urged the Board to
address the matter today, and emphasized that after October 21st,
they would have to begin the enti.re permitting all over again.
Attorney Henderson emphasized that they are prepared to go
forward today.
Michael Egan, attorney representing Grand Harbor, understood
the Board's concerns but assured them that they have been going
through the permitting process for two years and there has been -a
great deal of expertise involved. County staff has been working
closely with them, and the project has been reviewed by 14
different agencies who are trying to come together in some kind
of a consensus of what the estaurine plan should be.
COMMISSIONER LYONS and Commissioner Bowman amended
their Motion to call for a Joint Meeting of the Board
of County Commissioners and the Planning & Zoning
Commission to be held at 9:00 o'clock A.M. on
October 20, 1986..
THE CHAIRMAN CALLED FOR THE QUESTION as amended. The
Motion was voted on and carried unanimously.
Chairman Scurlock wanted to make sure that all of the
agencies involved were contacted by staff to make sure that all
permits can, indeed, be obtained in one month's time.
REPORT ON GIFFORD COMMUNITY CENTER
Commissioner Bird read aloud the following report dated
10/6/86:
63
BOOK 6' uq 63
CT 14 1986 BOOK �� F'��Gr. 64
TO: Board of County CommissioneDATE: October 6, 1986 FILE:
SUBJECT: Report on Gifford
Community Center
FROM: Richard N. Bird REFERENCES:
Commissioner
Pursuant to the instructions of the Board, a meeting was held
with Sam Hunter, representing the Indian River County School
Board, Ralph Lundy, representing the Gifford Progressive Civic
League, Bruce Barkett and myself relating to the proposed Gifford
Community building. The purpose of the meeting was to identify
the responsibilities of the three entities with regard to the
planning, funding, and construction of the facility, and also to
consider future management plans and operating budgets.
At the meeting, the Progressive Civic League presented a list of
proposed responsibilities which they requested be considered by
the School Board and the Board of County Commissioners. The same
list was presented previously to the Board of County
Commissioners at a regular meeting. _
Discussion ensued regarding the planning and construction of the
building, and it was decided that one of the initial steps should
be to identify any restrictions on the use of the PECO funds that
have been made available for the project, and in this regard it
was decided that Sam Hunter and Bruce Barkett should travel to
Tallahassee for a face to face meeting with the Department of
Education Office of Educational Facilities. Bruce and Sam did
make this trip and were informed that a building constructed by
the School Board on land leased from Indian River County
according to plans and specifications approved by the County, the
School Board and the Department of Education could be leased or
otherwise conveyed back to the County without restriction of any
kind by the Department of Education or by the School Board. In
other words, these funds are available for this purpose with
basically no strings attached other than that they be used for
-the Gifford Community Center.
With this information in hand, a second meeting with the above
parties was held on October 2, 1986 to continue discussions. In
the meantime, the School Board had proceeded to acquire the
services of Charles E. Block, Architect, to continue with the
planning and design of the facility. It has also been indicated
that Lloyd and Associates engineering firm has agreed to make a
considerable donation of their engineering services.
In meetings between Sam Hunter, representatives of the Civic
League, and Mr. Block, it was decided that the building, as
originally designed, should be expanded to include an additional
wing. The wing was shown on the original design as a future
expansion. The feeling was that with the proposed uses of the
building for additional educational purposes and potential
recreation uses, the additional wing would be needed at this time
rather than waiting until a future date, the thought being that
these educational and recreational activities would generate
funds from the School Board and the County Recreation Department,
thereby helping the Center support itself. Charles Block has
since indicated that this building will now cost approximately
64
$400,000 including exterior site work. This price �t
p . would not include extension of utilities to the site or
additional fees or charges generated by utility services.
It would appear that the logical scenario would be as follows:
1. The property has been deeded to Indian River County by the
Town of Indian River Shores for the express purpose of the
building of a Gifford Community Center. This conveyance
included a reverter clause that states, "If the property is
not used by Indian River County for a community center by
September 13, 1987, the property automatically reverts to
the ownership of the Town of Indian River Shores."
2. In order to receive the funds and construct the building,
the School Board must either have title to the property or a
long term lease. The Department of Education indicated that
a 40 -year lease from Indian River County to the School Board
would satisfy this requirement.
3. The School Board would make application to receive the PECO
funds and proceed to build the building according to
construction plans to be approved by the Board of County
Commissioners, the School Board, and the Department of
Education. Once the building is completed, the School Board
would then void the lease with the County and return the
property and all improvements back to Indian River County
for subsequent leasing to the Gifford Progressive Civic
League. The question was raised both locally and in
Tallahassee whether or not the School Board would have the
ability to lease the improvements and the land directly to
the Civic League when completed rather than working through
the Board of County Commissioners. According to Dr. Charles
Chick of the Department of Education, the School Board may
not lease directly to a civic organization, but is required
by law to convey an educational facility only to a
governmental entity.
4.— The County -would then enter into a lease agreement with the
Civic League for a -prescribed period of time during which
time the League would assume full maintenance and
operational responsibility for the facility. It has been
suggested by the League that a separate Board of Directors
be appointed by the Board of County Commissioners to oversee
the facility and its operations. The League would make
recommendations to the Board of County Commissioners from
which the Board members for the Community Center would be
chosen.
Regarding the construction of the building, the estimated cost is
$400,000 of which $250,000 is available through PECO funds. The
community has to date raised approximately .$20,000 to assist in
funding, leaving a shortfall of $130,000 in order to complete the
project. There is an anticipation that as much as $100,000 might
be available in additional grant funds through the State, and Sam
Hunter and League officers are pursuing this at the present time.
The remaining $30,000 will likely be made up of additional
community fund raising efforts, and a request for financial
assistance from the League directed to the Board of County
Commissioners and the Indian River County School Board. This
request will be discussed in more detail at the forthcoming
Commission meeting on October 14, 1986 at 11:00 A.M. Once the
building is constructed it is anticipated that the annual
operating expenses of the building will run between $18,000 and
$21,000 per year as estimated by Dr. Hunter.
65
BOOK 66
m,,E 65
BOOK
At a meeting of the Progressive League held on October 6, 1986
attended by Charles E. Block and Commissioner Dick Bird, it was
indicated that the League felt that approximately 1/3 -of this
annual operating budget would be generated by user fees and
annual donations, with the remaining 2/3 to be contributed by the
School Board and the Board of County Commissioners in the form of
leasing space in the building for proposed educational and
recreational activities. This proposed budget presented by Dr.
Hunter would not include any salaries but would include such
items as utilities, janitorial supplies, regular maintenance and
repairs, and insurance.
At the meeting on October 14, representatives of the Gifford
Progressive Civic League, as well as representatives of the
School Board and Charles Block will be in attendance to present
the plans for the building and answer any questions that may
arise regarding its construction and/or management. Since there
is a time constraint on the spending of the PECO funds, it is
hoped that the Board of County Commissioners will continue to
cooperate in the .xompletion of the project at the earliest
possible date.
Chairman Scurlock felt the total cost of the project would
run close to $500,000, because it does not include impact fees,
etc. That would mean that $250,000 would have to be generated
from some source.
Commissioner Bird asked what the impact fees would be if the
School Board builds the center, and Chairman Scurlock stated that
we do charge the School Board for utility impact fees, but not
road impact fees.
Chairman Scurlock was concerned that no direct contact has
been made with the Utilities Dept. staff or the Planning staff to
determine the appropriate costs in this project. His personal
feeling is that the County should establish some reasonable
budgetary amount every year to help with the maintenance and
operation of the facility, such as $10,000-$15,000. He did not
see how the County can help with a $130,000 shortfall in capital
expense and strongly urged that a true budget be established.
Commissioner Wodtke suggested that OMB Director Joe Baird
and appropriate staff get together with the School Board on the
finalized figures for the construction, and determine the impact
fees, etc. He anticipated that there will be agencies such as
the Health Dept. which might need space and those rentals could
generate revenues, and he was confident that there is an ability
66
M M M
M M
within the community to raise some dollars towards the cost of
the center.
Commissioner Bird felt that the Board was saying that the
County may be willing to participate in a reasonable manner,
financially, in helping with the annual maintenance budget, and
hoped he was hearing that the County is willing to continue to
cooperate in this project in working with the School Board to
make the necessary transfer of the property so that they can
qualify for the $250,000 PECO funds. He agreed that we need to
do some more definitive work on what the total cost of the
building will be, and hoped that we are not talking about a
$200,000 shortfall here.
Architect Charles Block stated that the building was
expanded by 2400 square feet, but the $400,000 does not include
the impact fees or his architectural fees.
Chairman Scurlock felt that they should build what they can
afford to in the beginning and then expand at a later date.
Commissioners Lyons and Bowman agreed that they should not
build a project that costs more than they can obtain in advance.
Commissioner Bird hoped that representatives of the
Progressive League were planning on speaking this morning because
they are the ones who are going to have to work with the School
Board re the size of the building, the total cost, and the
possibility of coming -up with more contributions from the
community.
Commissioner Wodtke asked if the expansion area is going to
be used specifically for School Board purposes and whether the
School Board has approved any plans as yet.
Sam Hunter of the School Board advised that they have not
approved any plans as yet, but will be looking at a conceptual
plan at a meeting later this morning. They hoped that _in the _
final analysis they will be able to identify and obtain funding
for a major portion of the total funds needed for the
construction of the building. He felt it is highly possible that
Y 67
8001( 6 � PA
OtT 14 11
IUWT 14 1` 85
BOOK 66 P'r'. 6S
the League will be coming back to the County and the School Board
and other entities for a small amount of money to assist with'the
completion of the funding package, but in -his own mind, he did
not see them coming back to the County for anything in excess of
$15,000-$20,000.
Mr. Hunter explained that the reason the building needed to
be expanded was to create space which could be utilized to
accommodate other activities.
Commissioner Bowman expressed her desire to see a pretty
firm annual operating budget before they get too far down the
road, including salaries, because she believed they were going to
need at least one professional for management and coordination.
Chairman Scurlock suggested that Commissioner Bird go ahead
and meet with his Committee and appropriate staff and come up
with firm figures on the total costs and bring them back to the
Board.
Commissioner Bird stated they would do that and proceed with
the project on that basis.
Ralph Lundy of the Gifford Progressive Civic League felt the
most important thing is that we all understand that by working
together, the School Board, the County, and the Gifford community
could accomplish most anything. The Gifford area is the second
most populated area in the county and is without a recreation
center. He emphasized the need and importance of the community
building, and that they are simply asking the County for its
assistance. They are trying to get money from the State and
other sources to the tune of $100,000, and if they are successful
in getting this money, they will not need to bother the County or
the School Board. However, in the event they are unsuccessful in
this effort, they would like to know that they could come back
and ask for some help from the School Board and the County
Commission. They feel the expansion is necessary at this point
because with the additional wing they will be able to generate
b8
funds. All they want is to get assurance from the County that
they will work with them if they need help.
Commissioner Bowman asked if there is a time constraint on
the use of the State monies, and Mr. Hunter stated that the PECO
funds have to be spent within 21 months or by April, 1987. Even
though they don't have the money in hand now, the money is with
the State and is generating interest. They will be requesting
this money anytime now because they suspect that -Architect Block
will be wanting to be paid for the work he has done so far. He
assured the Board that the money is incurring interest, but only
for the State.
Commissioner Wodtke left the meeting at 12:10 o'clock P.M.
as he is still recuperating from his recent angino plasti
procedure.
PUBLIC HEARING - PROPOSED AMENDMENT TO THE STORMWATER MANAGEMENT
AND FLOOD PROTECTION ORDINANCE
The hour of 11:15 o'clock A.M. having passed, the Deputy
CI-erk-mead-the following Notice with Proof of Publication
attached, to wit: o
VERO BEACH PRESS -JOURNAL
Published Weekly
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER:
STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
in the matter of tes�/�/dr�GiJ
l
in the Court, was pub-
lished in said newspaper In the issues of
Affiant further says that the said Vero Beach Press-Joumal 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-
tiserrent; and affiant further says that he has neither paid nor promised any person, firm or
corporation any discount, rebate, commission or refund for the purpose of securing this adver-
tisement for publication in the said newspaper. •) �� (l�
Sworn to and-subscribeid bme day of rn r'A.D..J�
C7
1 i Pusiness Manager)
�e�k o t e Circw Couri,,Jndian River County, Florida)
(SEAL)
A cc" of the proposed mdinence amerMmem
fl be availabl at the Puof Works
al the fhtd Boor oftie County bAdmi
lic
tion it - -.
Artyond who mey wnb to appeal any decision
which may be made at ibis meefmg -nor need to
ensure that a verbatim record of the proceeding
is made which includes Na testun" and evF
deuce upon which the appeal wt9 be basad.
Indian River County
Board
Yoard of County Commfsslaoers
Cha�irmDa C. Scurlock, Jr.
Sept. 24. 19811
69
OCT 14 1986 BOOK
1
BOOK
66 r 70
The Board reviewed the following memo dated 10/1/86:
y TO: The Honorable Members of the DATE: October 1, 1986 FILE:.
Board of County Commissioners
THROUGH c
Charles P. Balczun,
County Administrator SUBJECT:
Proposed Amendment to the
StOnWater Management and
Flood Protection Ordinance
FROM: REFERENCn7e Henderson, Attorney
'James W. Davis, P.E., for Grand Harbor Dev.
Public Works Director to Indian River Board of
rntln±3z (`m mi cci C.Mg=1 "sr_ ated 9-17-86
11 %)6 ��l•�
The County's Stormwater Management and Flood Protection Ordinance requires
that along the Indian River Floodplain, a balance of cut and fill must be
provided below elevation 4.0 to preserve the available storage capacity for
flood waters until the inlet at Sebastian and Fort Pierce can discharge
these flood waters to the Atlantic Ocean. There are many acres of land
along the Indian River below elevation 4.0 that are not considered_
"wetlands" and that cannot be filled without the developer excavating an
equal volume of material from the site to achieve a "balance of cut and
fill". The Grand Harbor Development, the Shorelands Subdivision and
4 similar developments, both on the mainland side and barrier island side of
the River, are such developments and are having difficulty meeting this
requirement. As a result, the attorney for the Grand Harbor development is
requesting that language be added to Section 21i -7(B)(1) of the County Code
to allow the Board of County Cmimissioners to grant a waiver from "the cut
and fill balance" requirement if an engineering study can show that the
development project is:
1) Situated in an estuarine (tidal) envirorzent
2) Meets all other requirements of the Stormwater Management and Flood
Protection Ordinance
3) Will not.create a material adverse impact on flood protection on other
lands in the estuarine environment.
This proposed waiver provision will provide an alternative to requesting a
variance from. the Board of Adjustments, which is currently provided for in
the existing ordinance.
ALTERNATIVES AND ANALYSIS
In analyzing this requested modification, the staff has researched the
technical implications of the requirement. Basically, along such a wide
floodplain as the tidal Indian River, many Engineers believe that filling
of land that is not environmentally sensitive between the mean high water
line and elevation 4.0 (NGVD), will not cause a significant increase in the
water elevation along the River. Any increase in the water level would be
infinitesimally small and would probably not be measurable.
Staff has contacted the St. Johns River Water Management District Chief
Engineer in Palatka, Florida, and requested an opinion on this issue. The
District is not concerned with the cut and fill balance along the Indian
River and does not require this action.
The staff's only concern is that during high tide conditions, the Sebastian
Inlet and Fort Pierce Inlet, which are 29 miles apart, have limited convey-
ance capability and serve as the only channels that drain a large area
(Brevard County to St. Lucie County). Filling of minor flood plain areas
probably will have no measurable effect, however, a cumulative filling
70
effect over the years may raise the water level some measurable amount,
even though it would be very small. Sane low subdivisions, such as Country
Club point and Rockridge, may experience a very small long range effect,
but it will probably be on the order of a fraction of an inch in additional
flooding.
RECCMMENIDATION
It is recommended that language be added to allow the waiver provision as
recommended in the attached ordinance.
Public Works Director"Jim Davis recommended that language be
added to the proposed ordinance to allow the waiver provision.
Commissioner Bowman asked for clarification on the 10 -year
flood plain, and Director Davis explained that the 10 -year flood
plain varies anywhere from elevations of 1.5 ft. all the way up
to 3 or 4 ft., and it is hard to say specifically where that line
is along the shore line. Right now, we are using an elevation of
4 ft. above sea level. The Flood Insurance maps dictate the
elevations for a minimum of 4 ft. elevation in the homes in these
flood plain areas. There are some low subdivisions in the county
that run along the river, and there was some concern that if some
large areas of land along the river were filled, it would
increase the Level of the river.
Commissioner Lyons was concerned about the drainage into the
river, but understood that we still have a handle on this in that
specific requests for a waiver would have to come before the
Boa rd.
Attorney Steve Henderson, representing Grand Harbor, spoke
in favor of the ordinance being amended to allow the waiver
provision.
Assistant County Attorney Bruce Barkett advised that the
Grand Harbor request for a waiver is not on today's Agenda. It
will be discussed or addressed at the Special Call Joint Meeting
of the Board of County Commissioners and Planning 8 Zoning
Commission scheduled for Monday, October 20, 1986
Dean Luethje of Carter Associates, representing_Shorelands
West Subdivision, stated they are definitely in favor of this
amendment to the ordinance. He asked if they would be allowed
to request a waiver for the development of their property, and
6
OCT 14 198 71 iBouF,,;F 1
OCT 14 1996
BOOK 72 -
Commissioner Lyons explained that if the waiver provision is
approved, they would be able to request a hearing before the
Board of_County Commissioners. _
Michael Wodtke strongly opposed the filling of wetlands on
both the Grand Harbor and Shorelands projects.
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Bowman, the Board unanimously (4-0),
Commissioner Wodtke having left the meeting earlier,
closed the Public Hearing.
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Bowman, the Board unanimously (4-0,
adopted Ordinance 86-68, amending Section 212-7(b)(1),
of the Stormwater Management and Flood Protection
Permit (Type B) providing authorization for the Board
of County Commissioners to waive the cut -and -fill
requirements for a Type B Stormwater Management Permit
upon a showing that the development is situated in an
estuarine environment and that the project as designed
will provide increased flood protection to the
development site and will not create a material adverse
impact on other lands in the estuarine environment.
72
1
M 10/3/86(B4)Lmwnm)
I
ORDINANCE NO. 86- 68
AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, AMENDING SECTION 214-7(b)(1),
STORMWATER MANAGEMENT AND FLOOD
PROTECTION PERMIT (TYPE B), PROVIDING
AUTHORIZATION FOR THE BOARD OF COUNTY
COMMISSIONERS TO WAIVE THE CUT -AND -FILL
REQUIREMENTS FOR A TYPE B STORMWATER
MANAGEMENT PERMIT UPON A SHOWING THAT
THE DEVELOPMENT IS SITUATED IN AN
ESTUARINE ENVIRONMENT AND THAT THE
PROJECT AS DESIGNED WILL PROVIDE
INCREASED FLOOD PROTECTION TO THE
DEVELOPMENT SITE AND WILL NOT CREATE A
MATERIAL ADVERSE IMPACT ON OTHER LANDS
IN THE ESTUARINE ENVIRONMENT; PROVIDING
FOR SEVERABILITY, CONFLICTING PROVISIONS
AND EFFECTIVE DATE.
BE IT ORDAINED by the Board of County
Commissioners of Indian River County, Florida, that.
SECTION 1
Section 211-7(b)(1), Code of Laws and Ordinances
of Indian River County, is hereby amended as follows:
(b) Stormwater management and flood protection
permit (Type B). When a development project is determined
to be within a flood hazard zone according to the procedure
set forth in subsection (a)(19) (a through f), a Type B
Permit shall be required and the project shall be reviewed
under the criteria of subsection (a) and must meet the
following additional criteria;
(1) Except for those development projects within
the one -hundred -year flood plain along the
Indian River, an equal volume of storage
capacity must be created for any volume of
the regulatory flood that would be displaced
by fill or structures. For those development
projects within the one -hundred -year flood
plain of the Indian River, an equal volume of
storage capacity must be created for any
volume of the regulatory flood that would be
displaced by fill or structures below
elevation 4.0 feet NGVD or the ten-year flood
CODING:
Words underlined are additions; words struek-through
are deletions. °�((�i
1 BOOK Fr�UF 8 3
r BOOK 66 74
OCT 14 198
ORDINANCE NO. 86- 68
elevation which has been determined by FEMA,
whichever is greater. Provided, however,
that the Board of County Commissioners may,
in its discretion, grant a waiver from the
provisions of this subsection upon the
affirmative showing of the applicant, by
means of a competent engineering study, that
the development project is situated in an
estuarine environment and that the
0development project, as designed, will meet
all other requirements of the stormwater
management and flood protection ordinance and
will not create a material adverse impact on
flood protection on other lands in the
estuarine environment..
Severability
If any Section, or if any sentence, paragraph,
phrase, or word of this Ordinance is for any reason held to
be unconstitutional, inoperative, or void, such holding
shall not affect the remaining portions of this Ordinance,
and it shall be construed to have been the legislative
intent to -pass the Ordinance without such unconstitutional,
invalid or inoperative part.
gFr-r 1 nr,1 Z
Conflicting Provisions
In case of a conflict between the provisions of
this Ordinance and prior ordinances, the prior ordinance
shall be deemed repealed to the extent of such conflict.
SECTION 4
Effective Date
This Ordinance shall become effective upon receipt
from the Secretary of State of the State of Florida of
official acknowledgment that this Ordinance has been filed
with the Department of State.
CODING: Words underlined are additions; words struck -through
are deTe ons.
=z
ORDINANCE NO. 86-68
Approved and adopted by the Board of County
Commissioners of Indian River County, Florida, on this 14th
day of October , 1986.
This Ordinance was advertised in the Vero Beach
Press -Journal commencing on the 24th day of September
1986, for a public hearing to be held on the 14th day of
October, 1986, at which time it was moved for adoption by
Commissioner Lyons seconded by, Commissioner
Bird and adopted by the following vote:
Commissioner Don C. Scurlock, Jr. Aye
Commissioner Patrick B. Lyons Aye
Commissioner Richard N. Bird Aye
Commissioner Margaret C. Bowman Aye
Commissioner William C. Wodtke, Jr. Absent
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY,
FLORIDA
By M_,S cu
mon aca lock, Jr.
Chairman
Attest
_'Freda_Wr i ght ✓`
Clerk
Acknowledgment by the Department of State of the State of
Florida, this21st day of October , 1986.
Effective date: Acknowledgment from the Department of State
received on this 24th day of October , 1986, at 11:00
a.m./p.m, and filee in the Office oTthe _Clerk of the hoard
o County Commissioners of Indian River County, Florida.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
r9ruu—ce-9arkett
Assistant County Attorney
CODING: Words underlined are additions; words struck -through
are deletions.
OCT 14 1986 3
800x 75
BOOK 66 Fa-uE if
,QCT 14 1986 -
OFFER FROM OWNER OF BENT PINE TO SELL ADDITIONAL RIGHT -OF WAY TO
COUNTY ALONG STORM GROVE ROAD
The Board reviewed the following memQ.dated 10/2/86:
TO: The Honorable Members of the DATE: October 2, 1986 FILE:
Board of County Commissioners
THROUGH:
Charles P. Balczun,
County Administrator
FROM: James W. Davis, P.E.,
Public Works Director
SUBJECT: Offer from Owner of Bent Pine
to Sell 51' of Additional
Right -of -Way to County along -
Storm Grove Road (57th St)
East of Kings Highway
REFERENCES: Paul E. Koehler to
James Davis dated 9-15-86
Paul Koehler, owner of unplatted lands in the Bent Pine development, has
offered to sell the County 8.917 acres of additional right-of-way along
Stone Grove Road between Kings Highway and US 1. Presently the County has -
a 30' wide road right-of-way along this corridor. The County's `
Thoroughfare Plan designates Storm Grove Road as a Secondary Collector Road
with a minimum right-of-way width of 801. Mr. Koehler would like to sell
the County the additional 50' of right-of-way along a 7,600' frontage for
$4,000 per acre (8.917 acres): The total cost would be $35,668.
ALTERNATIVES AND ANALYSIS
Miereas Mr. Koehler's offer is certainly attractive in respect to land
value in the area, the County's CIP does not provide for improvements to
this road until 1996-2000. The road lies within District IV of the Traffic
Impact Fee Program along with many higher priority projects such as the
north extension of Indian River Boulevard and the 53rd St. east -west
corridor. At this time, staff does not feel that funds should be
appropriated for this right-of=way.
Won y•• 1mIe• • 11 1
Staff does not recommend that $35,668 be allocated to purchase the
right-of-way at this time. Perhaps Traffic Impact Fee credit or some other.
long -tern purchase contract to buy the right-of-way and have it taken off
of the tax roll would be more appropriate. Mr. Koehler's offer is
certainly attractive, -and he has consented verbally to working out a
long-term purchase contract. Staff requests permission to negotiate a
long -tern (5-7 years) contract to buy the land and bring it back to the
Board for approval.
Commissioner Lyons asked if the County has made a road
right-of-way reservation yet, and Director Davis said that we
have not.
76
MOTION WAS MADE by Commissioner Lyons, SECONDED by
Commissioner Bowman, that the Board authorize staff
to file a road right-of-way reservation map showing
where we plan to widen Storm Grove Road (57th Street)
east of Kings Highway and U.S. #1.
Under discussion, Commissioner Bird wondered if we would
ever put
a road through
there,
and Director
Davis advised
that
there are
mechanisms in
place
to allow the
construction of
Storm
Grove Road. There is a canal crossing that needs to be bridged,
but we do show that in our Thoroughfare Plan. In addition, the
Hawk's Nest Golf Course has agreed in the future to relocate the
railroad crossing just north of Storm Grove Road that serves that
golf club down to Storm Grove Road.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
was voted on and carried unanimously (4-0).
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
approved staff recommendation not to buy the right-
of-way at this time and authorized staff to negotiate
a long-term (5-7 years) contract to buy the land and
bring it back to the Board for approval.
RIGHT-OF-WAY ACQUISITION - 12th STREET PARCELS #168 AND #132
The Board reviewed the following memo dated 10/7/86:
77
BOOK 66 77
r -
OCT 14 9H
BOOK 66 PAGE 78
TO: The Honorable Members of the DATE: October 7, 1986 FILE:
Board of County Commissioners
THROUGH:
Charles P. Balczun,
County Administrator SUBJECT:
James W. Davis, P.E.
Public Works Directo ,
Right of Way Acquisition
12th Street Parcels
# 168 and # 132
FROM: Donald G. Finney, o REFERENCES:
Right -of -Way Agen. xJ;
A) Property Owner - Michael and Marjorie Cooper
Right-of-way required 11.5' x 100' = 1,150 sq. ft.
The property owner has agreed to convey the -right-of-way property to the
County for $4,387 which is the Peter Armfield appraised -value as of — -
August 19, 1986.
B) Property Owner - Larry and Josephine Kline
Right-of-way required 8.5' x 50' - 425 sq ft.
The new right-of-way takes the well supplying water to the residence. The
well can not be relocated on, the remaining property to be in cmipliance
with the regulation requiring 70' of clearance between well and septic
tank. The maximum would be 55' to 601. Restoration and relocation of
existing parking is required.
The property owner has agreed to convey the right-of-way property to the
County for $1,169 if the County relocates the parking area lost and
connects the residence to the County waterline. Peter AYmfield's August 19,
1986 appraised value is as follows:
Right-of-way land $ 1,169
Relocate & drill well $ 750
Regmve grass, install shell $ 350
$-2, 269
'� •_ ID! IIj • � � 11
It is reccan ended that the Board authorize the purchase of
A) Parcel # 168 - Michael & Marjorie Cooper for $4,387 and;
B) Parcel # 132 - Larry & Josephine Kline for $1,169 as appraised and
install two driveway curb cuts, install shell/marl parking each side
of building and connect building to the County waterline.
Funding shall be from Indian River Boulevard Southerly Extension fund
account 304-214-541-066.12
78
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
authorized the purchase of Parcel #168 from
Michael & Marjorie Cooper for $4,387, and Parcel #132
from Larry 6 Josephine Kline for $1,169, as appraised,
plus the installdtion of two driveway curb cuts,
shell/marl parking on each side of building, and the
connection of the building to the County waterline, as
recommended by staff.
REQUEST BY VISTA PROPERTIES FOR COUNTY TO RELEASE INTEREST IN THE
PROPERTY NORTH OF THE SOUTH RELIEF CANAL
The Board reviewed the following memo dated 10/7/86:
TO: The Honorable Members of the DATE: October 7, 1986 FILE:
Board of County Ccannissioners
THROUGH:
Charles P. Balczun,
County Administrator SUBJECT:
Request by Vista Properties
for County to Release Interest
in the Property North of the
North of the South Relief
Canal and East of US 1 and
License for County to Use
FROM:Ce
REFERENCESting Road
James W. Davis, P.E., 81
Public Works Director Bruce Barkett to James
navi c and Tam= Pi ntn rl;; -Pri
Oct. 1, 1986
Vista Properties desires to clean up title to their property located east
of US 1 and North of the South Relief Canal. An existing dirt road
traverses the property which the County Utilities Dept. uses to access the
water and sewer facilities. A license is attached to allow the County to
continue to use this road. The County has a 15' easement along the south
property line which will remain. The -Vista Gardens Easement will also
remain.
ALTERNATIVES AND ANALYSIS
Staff has review this request and has no objection. _
RECOMMENDATIONS
It is recommended that the Chairman be authorized to execute the attached
release contingent upon Vista Properties executing the License.
79 BOOK F1�F79
- OCT 14 1986
BOOK 66 Fr�%E S0
Philip H. Reid, Jr., attorney representing Vista Properties,
explained that they are just trying to clean up the deed to the
property. _
Attorney Vitunac pointed out that even without our
permission, they have the ability to file a quiet title action
and get rid of the cloud on the deed caused by the dirt road.
The County is not really giving up anything.
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Bird, the Board unanimously (4-0)
authorized the Chairman to execute the Release
contingent upon Vista Properties executing the License,
as recommended by staff.
RELEASE IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
TRANSPORTATION PLANNING COMMITTEE REPORT
Commissioner Lyons reviewed the following summary dated
10/8/86:
SUMMARY OF ACTIONS
TRANSPORTATION PLANNING COMMITTEE
OCTOBER 8, 1986
1. County Road 512 Future Improvements
Staff was directed to investigate right-of-way exchanges
along CR -512 between US#1 and Sebastian Elementary School,
and to submit a preliminary typical roadway design for the
ultimate roadway widening west of the school.
2. Intersection Study - SR -60 at 44th Avenue
The Committee tabled any improvements to the intersection
indefinitely. _
3. Collector Roads North of CR -512
The Committee recommended to add to the Thoroughfare Plan:
(1) 98th Avenue from 87th Street to the Fleming Grant
(2) 106th Avenue from CR -512 to the Fleming Grant
Staff was directed to report back on the extensions of these
two reads into the Fleming Grant.
80
4. County Numbered Road System
The Committee accepted staff's recommendation to number and
renumber several County routes to eliminate confusion,
double numbering, and to create a progressive sequence of
route numbers. A list.is attached.
5. Request from Sebastian for Assistance on Traffic Analysis on
Churchman's Condo Project
Staff was directed to act as liaison between the City of
Sebastian and Treasure Coast Regional. Planning Council, and
aid the City of Sebastian on their traffic analysis for this
project.
With respect to Action #1, Commissioner Lyons felt that he
would like to see us build a section of CR -512 in the place where
It looks Like all the development will be, west of the divergence
or split, perhaps up to 8 lanes., East of the divergence point
is another matter, and after it has been determined whether or
not we can go with the old alignment and what the costs would be,
they will come back to the Board on that issue.
APPROVAL OF OUT -OF -COUNTY TRAVEL - FORESTRY DIVISION MEETING IN
OKEECHOBEE
The Board reviewed the following agenda:
DIVISION OF FORESTRY MEETING OKEECHOBEE, FLORIDA
5200 Highway 441 -North October 30, 1986
AGENDA
Division of Forestry & Cooperators Meeting
9:30 A. M. until 3:00 P.M.
1)
Proposed changes to controlled burning and prescribed burning
authoriZation procedure. (Certified burners, expands nighttime
authorizations.)
2) Discussion'of test to obtain fire weather inforriiati.on from a
private vender contract.
3> Helicopter acquisition and staffing update. Reviews the helicopter
staffing. acquisition, and proposed uses.
Radio coriniiunications systems update. This provides an update of why
we need to change, where we are, and where we are going."
5) Update on seedling availability for upcoming planting season
81
BOOK 6 p,%E 81
OCT 14 198-6 BOOK 6S u. r 8
-6) Insect and Disease activity in Florida m
7) In orrder- to have a mere even handed apps poach to fir -e problems arid _
improve prevention, the Division has developed pr'op-bsed law
enforcement quidel ines. They establish minimurn actions to be takbn
by Division field personnel when fire law violations occijrr.
8) Special report to Legislature on the Division's equipment and per^st-Dnnel
needs.
9) Deve1ooment of local ordinances, plans, and regulations (see
memoraridurn dated September 4, 1986, with attachments).
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Bowman, the Board unanimously (4-0)
approved out -of -county travel for Commissioners and
appropriate staff to attend Forestry Division Meeting
in Okeechobee on October 30, 1986.
APPROVAL OF OUT -OF -COUNTY TRAVEL TO TALLAHASSEE RE LIBRARY GRANT
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Bowman, the Board unanimously approved
out -of -county travel for Commissioners and appropriate
staff to travel to Tallahassee in connection with a
library grant.
REPORT ON NORTH COUNTY WASTEWATER
Chairman Scurlock reported that they had met in Sebastian
again and basically proved the financial feasibility of
wastewater service to 2175 acres of land running from the
Roseland Shopping Center all the way down to Pelican Pointe, and
owners in that area have indicated a desire to participate, which
would make a total of 4988 ERUs. After the cut-off date, another
500 units indicated they wished to participate also. They
anticipate additional phases to come along when they are
economically feasible. This wastewater project will eliminate 16
package systems in the north county.
Chairman Scurlock advised that they need authorization to go
ahead and prepare the assessments against the properties who wish
82
to participate. They have had tremendous cooperation from the
City of Sebastian, who have assured us that they will continue to
do so. He noted that Attorney Vitunac is in the process of
working out an inter -local agreement that would provide for our
ability to assess within the corporate limits.
Director Pinto advised that they will prepare an assessment.
roll and assess the wastewater impact fee and then come back with
a final proposal of what we are going to build and how. Right
now, they need authorization to begin the assessment procedure,
which means the authorization to set up for the Public Hearings. -
MOTION WAS MADE by Commissioner Bird, SECONDED by
Commissioner Bowman, that the Board authorize staff
to begin the assessment procedure for the north
county wastewater system.
Under discussion, Commissioner Bird asked if the
participants still had the opportunity to back out of this, and
Director Pinto advised they have that option up until the time of
the Public Hearing on the adoption of the assessment.
Fred Mensing, a resident of Roseland, stated he was glad to
hear this project is on its way, as the north county area really
needs it.
83 BOOK 66 PV
OCT 14 196
BOOK 66 F''.(F
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
was voted on and carried unanimously (4-0).
Chairman Scurlock stated that if the Board does not have any
objections, he and Director Pinto are planning on moving ahead to
explore the feasibility of serving the north county with water.
Fred Mensing wished to see the County get some real good
information to the press in terms of water service so that it
does not reflect on the wastewater issue.
Chairman Scurlock stated that they will be pursuing it as an
independent project and will do a number of workshops up in the
area.
None of the Commissioners had any problem with Chairman
Scurlock and Director Pinto moving ahead on wastewater or water.
REPORT ON SANDRIDGE GOLF CLUB
The Commissioners reviewed the following letter dated
10/2/86:
bc-e. architect, inc,
Mrs. Caroline Goodrich October 2, 1986
Ind. Riv. Co. Purchasing Dept.
1840 25th Street
Vero Beach, Florida 32960
Re: Sandridge Golf Course Clubhouse and Golf Cart Storage Building
Dear Mrs. Goodrich, `
Enclosed please find the invitation to bid for the above referenced project. Please advertise this .
project for the following three weeks
Wednesday, October 8, 1986
Wednesday, October 15, 1986
Wednesday, October 22, 1986 -
As per our telephone discussion the bid opening date of Wednesday October 29, 1986 at 2:00
p.m. in the Commissioners Chamber has been confirmed
If you have any questions, please call.
Thank you.
Sincerely,
th tYDo /d'r�ch:ilect
C. E. Bh84
Commissioner Bird reported that the grass planting is
continuing and we will be planting for probably another week to
10 days. The construction on the maintenance building is
continuing. It looks as if it will be finished in 2-3 weeks and
then the superintendent can start moving in some equipment. As
far as the actual construction and shaping of the golf course,
Goettler probably will be finished within the next 10 days to 2
weeks. At that time the planting will be finished and the golf
course will be pretty much turned over to the superintendent to
maintain. He is in the process of interviewing some people
through our Personnel Dept. and lining up some additional
equipment. The construction drawings on the clubhouse and cart
building are finished. They have been advertised for bid and the
bids are to be opened on October 29th. Architect Charles Block
still feels confident that both of those buildings should come in
within budget. We are going to be tight on a construction
timetable on the clubhouse. The cart building .probably can be
completed within 90 days for our projected February 1st opening,
but it is going to be tight on the clubhouse, as it may take 120
dans to - build it. If it does, we may have to come back to the
Board for a solution of using a temporary trailer or something to
collect fees. Hopefully, both of the buildings can be built
within the 90 days and be ready for the opening on February 1st.
Administrator Balczun advised that OMB Director Joe Baird is
in the process of developing a line item for the golf course, and
Director Baird explained that we have a capital budget, but we
are working on an operating line by line budget. They will bring
those figures back to the Board to see how we stand.
SOUTH COUNTY FIRE DISTRICT
The Chairman announced that immediately upon the close of
today's meeting, the Board would reconvene acting as the Board of
Fire Commissioners of South Indian River County Fire District.
Those Minutes are being prepared separately.
85 BOOK 66
OCT 14 1986 F,{UE
-
OCT 14 1986 BOOK
There being no further business, on Motion duly made,
seconded and carried, the Board adjourned at 12:55 o'clock P.M.
ATTEST:
Clerk Chairman
86