HomeMy WebLinkAbout11/25/1986Tuesday, November 25, 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,
November 25, 1986, at 9:00 o'clock A.M. Present were Don C.
Scurlock, Jr., Chairman; Margaret C. Bowman, Vice Chairman;
Richard N. Bird; Carolyn K. Eggert; and Gary C. Wheeler. Also
present were Charles P. Balczun, County Administrator; Charles P.
Vitunac, Attorney to the Board of County Commissioners; L. S.
"Tommy" Thomas, Intergovernmental Relations Director; Joseph
Baird, OMB Director; and Barbara Bonnah, Deputy Clerk.
The Chairman called the meeting to order, and Commissioner
Wheeler led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Attorney Vitunac requested the addition to today's Agenda of
a request for authorization to purchase the Howell -Chapman
property for a north county beachfront park.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously added
the above item to today's Agenda.
APPROVAL OF MINUTES
The Chairman asked if there were any corrections or
additions to the Minutes of the Regular Meetings of October 21,
October 28, and November 4, 1986. There were none.
OV 2 5 1986 BOOKS F.y�
NOV 25 1986
66 PD,E 465
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Bird, the Board unanimously approved
the Minutes of the Regular Meetings of 10/21/86,
10/28/86 and 11/4/86, as written.
CONSENT AGENDA
Commissioner Bird requested that Items D, I and 0 be removed
for discussion, and Chairman Scurlock requested that Item C be
removed also.
A. Indian River County Jail - Change Order #1 and Final Payment
on Pumping Station and Force Main
The Board reviewed the following memo dated 11/3/86:
TO: BOARD OF COUNTY COMMISSIONERS DATE: NOVEMBER 3, 1986
FROM: JEFFREY K. BARTON� �/
SUBJECT: CHANGE ORDER #1 AND FINAL PAYMENT
PUMPING STATION AND FORCE MAIN
INDIAN RIVER COUNTY JAIL
BACKGROUND
Indian River County entered into a contract with Collee Mechanical,
Inc. to contruct a pumping station and site. That original contract
was for $73,715.00 for which the work has been completed and Change
Order #1 corrects the final quantities of material used on the
project, which reduces the total contract by $1,556.70 to
$72,158.30.
RECOMMENDATION
Utility staff recommends to the Board of County Commissioners the
_ following:
1. Approval of Change Order #1 reducing the total contract by
$1,556.70 to an adjusted contract of $72,158.30 and
authorize the Chairman to sign the Change Order #1 on
behalf of Indian River County.
2. Approval of final payment and release of retainage on this
project.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously approved
the recommendation of staff as set out in the above
memo.
2
I
CONTRACT CHANGE ORDER
Page 1 of 1
CHANGE ORDER NO. 1 ORIGINAL CONTRACT PRICE 73,715.00
DATE: 10/8/86 REVISED CONTRACT PRICE: 72,158•.30
JOB NAME: Indian River County Jail Pumping Station and Force Main
OWNER: Indian River County Division of Utility Services
ORIG REVISED
AnT/, mnmAT. IINTT PRICE TOTAL
ITEM
DESCRIPTION
PRICE
UNITS
PRICE
CHANGE
CHANGE
PRICE
1
Mobilization ... •LS
1.0
1.,000.00
---
---
1,000.00
2
8110 Gray. Sewer
16.00
150 LF
2,400.00
(-) 28.00
(-)448.00
1,952.00
3
Manhole........
750.00
2 EA
1,500.00
---
1,500.00
4
Pump Station...
29,300
1.0
29,300.00
---
---
29,300.00
5
6"0 Force Main.
6.75
5600 LF
37,800.00
(-)158.00
(-)1066.50
36,733.50
6
Road Rector....
6.00
75 LF
450.00
(-) 18.00
(-)108.00
342.00
7
Paved Drive
Restoration....
6.00
20 LF
120.00
(-) 20.00
(-)120.00
---
8
Non -Paved Drive
Restoration....
2.00
20 LF
40.00
(+)121.00
(+)242.00
282.00
9
Seed & Mulch...
0.20
5525 LF
1,105.00
(-)281.00
(-) 56.20
1,048.80
d
TOTAL
I
73,715.00
(-)1556-70,722158.3
C-2
The amount of the Contract will be Decreased by the sum of: One thousand, five
hundred.fifty-six and 70/100's Dollars ($1,556.70).
The Contract Total, including this and previous Change Orders, will be: Seventy-
two thousand, one hundred fifty-eight and 30/100's Dollars ($72,158.-30).
Contractor• Date: la -57—
�7c
lee Mechanical, Inc.
Engineer: Date: 1� 8
Si a -Mas Lorenz & Hoover Inc. /
' Owner: 'i_ 1 a,- G Date:
ian River Count
B. Final Plat Approval for Bent Pine Villas Condominium,
Unit II
The Board reviewed the following memo dated 11/17/86:
3
OV 2 5 1986 n0K.. 66 F"q . 4L66
r I
N O V 25 1986 BOOK 66 FrAl j -,L 46
TO.. The Honorable Members of theDATE: November 17, 1986 FILE:
Board of County Commissioners
DIVISION HEAD CONCURRENCE:
SUBJECT: FINAL PLAT APPROVAL FOR
Robert M. Kea ing j AICP BENT PINE VILLAS CONDO -
Planning & Development Director MINIUM, UNIT II
THROUGH: Michael K. Miller
Chief, Current Development
FROM: Stan Boling REFERENCES: bent pine
Staff Planner STAN2
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of 'November 25, 1986.
DESCRIPTION AND CONDITIONS:
Bent Pine Villas Unit II is a private land condominium project,
consisting of individually owned lots and common areas and
facilities owned and maintained by a condominium association. At
their regular meeting of August 28, 1986, the Planning and Zoning
Commission approved a site plan, which will control the
development of the site, and a preliminary plat which establishes
20 individual lots and designates common areas and easements. The
trustee of the property, Paul Koehler, is now requesting final
plat approval.
ANALYSIS:
All required subdivision infrastructure improvements have been
previously constructed and have been inspected and approved by
Public Works. The final plat is in conformance with the approved
preliminary plat. The public works and utilities departments have
no objection to final plat approval. The County Attorney's Office
has reviewed and approved the recorded condominium documents. All
applicable County regulations regarding final plat approval have
been satisfied.
RECOMMENDATION:
Staff recommends that the. Board of County Commissioners grant
final plat approval to Bent Pine Villas Condominium Unit II
subdivision.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously granted
final plat approval to Bent Pine Villas Condominium
Unit II Subdivision.
C. Extension of Preliminary Plat Approval for South Vero Square
The Board reviewed the following memo dated 11/13/86:
4
TO: The Honorable Members of DATE: November 13, 1986 FILE:
the Board of County Commissioners
DIVISION HEAD CONCURRENCE:
Obert M. Keat" g,P SUBJECT:
Planning & Develop nt Director
THROUGH: Michael K. Miller A1W'
A
Chief, Current Development IVt'�
EXTENSION OF PRELIMINARY
PLAT APPROVAL FOR THE r
SOUTH VERO SQUARE SUB-
DIVISION
FROM: Stan Boling REFERENCES: south veno square
Staff Planner STAN3
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of November 25, 1986.
DESCRIPTION AND CONDITIONS:
South Vero Square is an approved ±20.02 acre, 4 lot commercial
subdivision on the South Vero Square Shopping Center site located
at the U.S. #1/Oslo Road intersection. The Planning & Zoning
Commission granted preliminary plat approval to South Vero Square
on June 27, 1985. Mr. Gordon Hunter, asset manager for FSLIC which
now controls the property, is now requesting an 18 month extension
of the preliminary plat approval.
AWAT.VSTq
Extensions, requested in writing prior to expiration of approval,
are allowed pursuant to section 7(d)(10) of the subdivision
ordinance. The Board has historically granted one 18 month
extension of preliminary plat approval to applicant's requesting
such an extension.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners grant one
18 month extension -of the preliminary plat approval granted to
South Vero Square Subdivision; said approval shall expire on June
27, 1988.
Chairman Scurlock questioned giving any extension since that
project has been going on for many years, and he would like to
see them comply with the current ordinances.
Planning & Development Director Robert Keating explained
that this is an extension of the plat, not the site plan, and the
plat is just a creation of 2 or 3 out parcels on the site. It is
not an extension of the site plan for the actual building, the
parking area or any of the improvements.
OV 2 5 1906 5 BOOK 66 PAGE 468
V 2 5
1986
BOOK
66
rmjF 469-
Commissioner Bowman asked if this is
so that they
can
subdivide, and Planner Stan Boling explained that it is to create
out parcels that they can sell off.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Bowman, the Board unanimously granted
one 18 -month extension of the preliminary plat
approval to South Vero Square; said approval to expire
on June 27, 1988.
D. Additional Street Lights, Gifford Street_ Lighting District
The Board reviewed the following memo dated 11/13/86:
TO: The Honorable Members of the DATE: November 13, 1986 FILE:
Board of County Cram issioners
THROUGH:
Charles Balczun,
County Administrator SUBJECT:
James W. Davis, P.E.,
Public Works Directo
Additional Street Lights,
Gifford Street Light District
FROM:Michael L. Orr, 0 REFERENCES:
Traffic Engineer
DESCRIPTION or CONDITIONS
The Gifford ccammnity was inspected on November 5, 1986 in response to
street light requests, to improve spacing of existing lights, and for
intersections without lighting.
A list of locations investigated for street lights is attached noting the
location, activity involved and affected electrical utility.
Street lights along 49th Street should be considered because of its recent
paving and extension as a collector road/truck route. Street lighting
along 43rd Avenue should also be considered due to the programed extension
of the road as a primary collector between 45th Street and 49th Street in
the near future.
ALTERNATIVES AND ANALYSIS
1. Approve the installation or modification of all street lights on the
attached list.
2. Approve the installation or modification of selected street lights on
the attached list.
` 3. Deny the installation or modification of all street lights on the
attached list.
6
REtDATION AND FUNDING
It is reccnrmded to approve for installation or modification all street
lights on the attached list and to add the lights to the Gifford Street
Light District inventory.
Location
45 Street-3nidblock
between 32 Ave/33 Ave
4875 32nd Avenue
49 Street/31 Avenue
49 Street/35 Avenue
49 Street/36 Avenue
49 Street/ 43 Avenue
43 Avenue/48 Place
43 Avenue/48 Street
43 Avenue/47 Place
43 Avenue/46 Lane
43 Avenue/45 Lane
40 Avenue/47 Street
40 Avenue/46 Place
IV--Ta-pcol��
•'� " 2 f.A .M
Activity utility
Additional (requested) CVB
Relocate light to north
end of 32 Ave cul-de-sac CVB
Additional
CVB
Relocate light from mid -block
to intersection
FPL
Relocate light from mid -block
to intersection
FPL
Additional
FPL
Additional
FPL
Additional
FPL
Additional
FPL
Additional
FPL
Additional
FPL
Relocate light from mid -block
to intersection
FPL
Additional
FPL
Commissioner Bird asked if the additional lights -would have
any effect on the millage that the Board placed at budget time,
and Public Works Director Jim Davis explained that the addition
of these lights will increase the street lighting district taxing
schedule in a very minor way as there is a contingency in that
account.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wheeeler, the Board unanimously
approved the installation or modification of
street lights to the Gifford Street Lighting
District, as recommended by staff.
7
F"_ -1
NOV 2 5 1996 BOOK 7 1
E. Approval to Attend Seminar
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously authorized
Commissioners and appropriate staff to attend the
Regional Coastal Management Seminar on December 4,
1986, at the Sheraton Hotel in Vero Beach.
F. DER/EPA Grant to Construct Wastewater Facilities at Blue
Cypress Lake Park and_Rockridge Subdivision
The Board reviewed the following memo dated 11/18/86:
TO: BOARD OF COUNTY COMMISSIONERS DATE: November 18, 1986
i
THRU: CHARLES P. BALCZUN, ADMINISTRATOR
FROM: TERRANCE G. PINTO, DIRECTOR OF UTILLfTY'SERVICES
SUBJECT: BLUE CYPRESS LAKE PARK & ROCKRIDGE DEVELOPMENTS
DER -EPA GRANT TO CONSTRUCT WASTEWATER FACILITIES
BACKGROUND
Indian River County Utility Services has applied for a Department of
Environmental Regulation -Environmental Protection Agency Step 3 Grant
to construct wastewater facilities to service Rockridge and Blue
Cypress Lake Park and Development.
Both projects have been placed on the 1987 funding list; however, in
order to remain on the list, the County must submit prerequisite
information pertaining to financial capability and the collection
system.
AVAT.VCTe
The Grant could amount to as much as- 550 of the construction cost.
Because of the unique circumstances pertaining to the projects, grant
funding is very probable.
RECOMMENDATION
The Division of Utility Services requests that the Board of County
Commissioners authorize expenditure up to $5,000 to complete the
required information through the services of Camp, Dresser & McKee,
Inc., engineering consultants.
8
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously
authorized the -expenditure of an amount not to
exceed $5,000 to complete the required DER/EPA grant
information for the above facilities through the
services of Camp, Dresser 8 McKee, Inc., engineering
consultants.
G. Surplus Property - Vehicles
The Board reviewed the following memo dated 11/13/86:
TO: Board of County Commissioners DATE: Nov. 13, 1986.FILE:
THRU: Joseph A. Baird SUBJECT: Surplus Property 7U�c/
Director, Budget Office
FROM: REFERENCES:
Carolyn G odrich, Manager
Purchasing Department
1. Description and Conditions
At the October 21 meeting, the Board rejected all bids for several
pieces of surplus property because they were too low and authorized
staff to re -bid.
Bids were opened Wednesday, November 12, 1986 at 11:00 A.M. 11 Bidders
responded.
2. Alternatives and Analysis
The high bids are as follows:
Bidder
Bid
Bill
Moody
$
29.00
Mikes
Garage
$2610.00
Mikes
Garage
$
386.00
Mike
Natali
$
350.00
Fred
Gossett
$1209.00
Ricks
Cars N'Trucks
$
350.00
E. D.
Sudbrock
$
265.00
E. D.
Sudbrock
$
265.00
John
Hinton
$
51.00
Asset # Description
0005 1973 Ford Maverick
1677 1972 Ford Cab -Chassis
7724 1975 Ford Flatbed
2101 1973 Ford Maverick
1705 1974 Int'] Mower
3191 1979 Dodge Crew Cab
3221 1979 Datsun Pickup
3711 1979 Datsun Pickup
Ford Pickup Bed
All bids are higher than the first time they were bid.
3. Recommendation
It is recommended that the surplus property bids be awarded to the hiah
bidders as indicated above. `
9 BOOK 66 FA,E -12
11 2 � 6
NOV 25 1986 BOOK 66 PAGE 9 3
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously
approved staff's recommendation and awarded the
-- surplus property bids to the high bidders as
set out in the above memo.
PRICE UNIT PRICE UNIT PRICE UNIT PRICE I
1973 Ford Maverick Asset #0005 1 00
1-j'2 fovd Com:, -Ch. ::��P. e..-•- 1 1285100, 2610 00
et
r10AI1D OF COUNTY COMMIS SlotirriS
BOARD OF COUNTY COMMISSIONERS
1840 25th Street
1840 25th Street
Vero Beach, Florida 32960
Vero Beach, Florida 32960
BID TABULATION
u
BID NO. DATE OF OPENINGa
y;
C m
d0 -c-,
u
v
" m
o
m
4`
November 12 1986
0
Qo
0 O
ti
BID TABULATION
BID TITLE
_ Surplus Property
4i vi
1°
� o
ITEM
NO DESCRIPTION
UNIT P -1
a
r) C.#
PRICE UNIT PRICE UNIT PRICE UNIT PRICE I
1973 Ford Maverick Asset #0005 1 00
1-j'2 fovd Com:, -Ch. ::��P. e..-•- 1 1285100, 2610 00
et
r10AI1D OF COUNTY COMMIS SlotirriS
1840 25th Street
Vero Beach, Florida 32960
u
u
c
c°' 1
4`
4`
to
1
�
BID TABULATION
Z.
o3�Q Q C
a
r) C.#
BID N0.
DATE OF OPENING
Novrmbnr 17 198G
�o
+,
At
a
J
�a
BID TITLE
cc o
m +° 3' a;
4'aQ/ a
m?
isr o
go
o
I i°
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°'
Surplus Property
�m y
4�
mo,
ITEM
No. DESCRIPTION
UNIT PRICE UNIT PRICE
UNIT PRICE
UNIT PRICE UNIT
PRICE UNIT
PRIZE UNIT PRICE UNIT
PRICE UNIT
1973 Ford Maverick Asset #0005
6 00
_
_
269 00
25000
200 00
i�/2 Ford Cab-," �'
0 00
500 -00
_
350 00
975 rd Flatbed
2 00
26 00
1
1973 Ford Maverick Asset #2101.110
00
155 00
121 00
350 00
350 00
150 00
].37s Intl,�i
311 0
361 oo
1979 Dodr.e Crew Cab sset- 319
126 0
_
100 00
1979 Datsun PH Asset 3221
1 0
350 00
1979 Datsun PU Asset #3711
1000 00
126 00
100 0
10
6
H. Award of Bids - Intersection Improvements
The Board reviewed the following memo dated 11/17/86:
TO: The Honorable Members of the DATE: November 17, 1986 FILE:
Board of County Commissioners
THROUGH:
Charles Balczun,
County Administrator SUBJECT:
Award of Bids - Intersection
Improvements at 4th Street/
27th Avenue and 16th Street/
43rd Avenue
FROM: James W. Davis, 'P.E., REFERENCES:
Public Works Director
DESCRIPTION AND CONDITIONS
Bids were received October 29, 1986 for the signalization of the above
subject improvements, including pavement widening, drainage, and pedestrian
improvements at 27th Avenue/4th Street. The Board and Transportation
Planning Committee have both approved these projects.
ALTEMT= AND ANALYSIS
The bids received were as follows
4th Street/27th Avenue - Road work $83,749.55 Dennis L. Smith, Inc.
Signalization $14,695.00 Signal Construction
Sub -total $98,444.55
16th Street/43rd Avenue - Striping $ 505.50 Dennis L. Smith, Inc.
Signalization $18,401.00 Signal Construction
Subtotal $18,906.50
The bids received were competitive and the total cost of the work is
$117,351.05. This is very close to the Engineer's Estimate of $116,223.45.
RECONMEVDATION AND FUNDING
Staff recommends the bids be awarded as follows:
Part 1, Schedule A and Part 2, Schedule A to Dennis L. Smith, Inc. in the
amount of $84,255.05.
Part 1, Schedule B and Part 2, Schedule B to Signal Construction in the
amount of $33,096.
Funding to be as follows:
1) Gas Tax Revenue (Fund 109) $92,351.05 - Balance approximately
$5,000,000
2) District 6 Road Impact Fee Account (000-349) $25,000 - approximately
$83,513.51 has been collected in the District 6 Road Impact Fee
account since March 1, 1986.
li
V 2 5 1986 BOOK U6 FAi 47
r"' -1
NOV 2 5 1986 Boos �'� F;1c-C 4 75
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously
awarded the bids for intersection improvements
as set out in the above staff recommendation.
I._Upgrading_of Retirement Service - Freda Wright, Clerk
The Board reviewed the following memo dated 11/18/86:
FREDA WRIGHT
CLERK, CIRCUIT COURT AND RECORDER
INDIAN RIVER COUNTY
(305) 567-8000 P. O. BOX 1028
VERO BEACH • FLORIDA
32961-1028
November 18, 1986
TO: Board of County Commissioners
SUBJECT: Upgrading of Retirement Service by Elected
County Officers
FROM: Freda Wright, Clerk
Pursuant to Chapter 86-180, Laws of Florida, I intend to
upgrade my Florida Retirement, and request that the Board of County
Commissioners make that part of the contribution as allowed by this
new law. If any further information is necessary, please let me know.
Commissioner Bird wished to know what the Commission's
policy is going to be with regard to requests of this kind, and
Chairman Scurlock felt that right here is where we stop because
this request entails $15,000, $7500 from the County and $7500
from the Clerk. If the Tax Collector should come in with a
similar request, it could go on and on to all the constitutional
officers. He felt we need to take a closer look than we did
originally with regard to Commissioner Lyon's $2000 contribution
because we are talking substantial dollars. In fact,
Commissioner Wodtke looked into his retirement account and found
out that he would have required about $14,000.
12
r
Commissioner Bird agreed we might be opening up something
here and that we should take a harder look and set some policy so
that we will be consistent from this point on.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously tabled
this matter for further research by staff and a
recommendation to be brought back to the Board.
J. Adoption of Resolution for Transfer of Density Credit _
Strazzulla Property on Indian River Boulevard Southerly Extension
The Board reviewed the following memo dated 11/18/86:
TO: The Board of County Commissioners
DATE: November 18, 1986
SUBJECT: Cazzulla Bros. Co., Inc. Property on Indian
i Boulevard Southerly Extension
FROM: J Wilson
A County Attorney
The above -referenced party has donated a parcel of land
along the Indian River Boulevard corridor in exchange for
transfer of density credit and execution of the attached
resolution by the Board. The deed conveying this property
has been executed and recorded. It is my recommendation
that we execute the resolution in accordance with our
agreement with the above -referenced party.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously adopted
Resolution 86-103, accepting the dedication of land
from Strazzulla Bros. Co., Inc. for the southerly
extension of Indian River Boulevard and granting
transfer of density credit for development purp&ses.
13 BOOK 66 FA.0 - 4 1
NOV 2 5 1986
NOV 2 5 1986
11/18/86(J4)LEGAL(Wnm)
BOOK 6 6 P,, 417
RESOLUTION NO. 86- 103
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, ACCEPTING THE DEDICATION OF
LAND FROM STRAZZULLA BROS. CO., INC. FOR
THE SOUTHERLY EXTENSION OF INDIAN RIVER
BOULEVARD; GRANTING TRANSFER OF DENSITY
CREDIT FOR DEVELOPMENT PURPOSES;
AGREEING NOT TO FILE CONDEMNATION
PROCEEDINGS AGAINST THAT PROPERTY; AND
AGREEING NOT TO ASSESS THE INITIAL COSTS
OF CONSTRUCTION AGAINST STRAZZULLA BROS.
CO., INC.
WHEREAS, the Board of County Commissioners of
Indian River County has determined that the construction of
a southerly extension to Indian River Boulevard is necessary
to relieve traffic congestion along the U.S. No. 1 corridor;
and
WHEREAS, the Indian River County Public Works
Department, in conjunction with private consultants, has
prepared plans and begun construction of the paving and
drainage improvements necessary to complete the southerly
extension of Indian River Boulevard; and
WHEREAS, Strazzulla Bros. Co., Inc. was the owner
of property through which a portion of the proposed
southerly extension of Indian River Boulevard shall pass;
and
WHEREAS, the Board of County Commissioners of
Indian River County was prepared to file court proceedings
to acquire the property described herein _ through
condemnation; and
WHEREAS, upon being advised of the County's intent
to file condemnation proceedings, the directors of
Strazzulla Bros. Co., Inc. have agreed, subject to the
conditions contained herein, to donate to Indian River
County the portion of their property necessary to create the
right-of-way for the southerly extension of Indian River
,Boulevard; and
1
WHEREAS, the Board of County Commissioners of
Indian River County, on behalf of all the citizens of Indian
River County, wishes to thank the directors of Strazzulla
Bros. Co., Inc. for their donation to Indian River.County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:
1. Indian River County hereby accepts the
donation and dedication of land for the Indian River
Boulevard right-of-way from Strazzulla Bros. Co., Inc., said
land -being more fully described in Exhibit "A" hereto; and
2. That in part consideration for the donation
and dedication of said property,. Indian River County agrees
that the Land described herein may be included in the
acreage calculations for the purposes of density
determination when the parcel from which the land was
dedicated is proposed for development, pursuant to Indian
River County Code of Laws and Ordinances, Appendix A,
Zoning, Section 23.3; and
3. Indian River County agrees not to file any
condemnation action against Strazzulla Bros. Co., Inc. to
acquire.the land described herein.
4. I'ndian River County will not assess any of the
initial costs of paving and drainage improvements to Indian
River Boulevard against Strazzulla Bros. Co., Inc.
The foregoing resolution (No. 86- 103) was offered
by Commissioner Eggert who moved its adoption. The
motion was seconded by Commissioner Bowman and,
upon being put to a vote, the vote was as follows:
Chairman Don C. Scurlock, Jr. Aye
Vice Chairman Margaret C. Bowman Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Gary C. Wheeler Aye
E
NOV 2 5 1936
Bou 6F P,�,r 4 a8
I
BOOK 66 PA,ur, 4.,,9 9
RESOLUTION NO. 86- 103
The Chairman thereupon declared the resolution
duly passed and adopted this
1986.
25thday of November
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
Don curloc Jr.
Chairman
ATTEST:
By-
TF—re a
y Freda Wright
Clerk V,a�cs�.o+��.
K. Public -Defender's Office Telephone Equipment
The Board reviewed the following memo dated 11/19/86:
TO:, The Board of County Commissioners
DATE: November 19, 1986
SUBJECT: is Defender's Office Telephone Equipment
FROM: s P. Wilson
ant County Attorney
Elton H. Schwarz, Public Defender for the Nineteenth
Judicial Circuit, has requested that the Board of County
Commissioners of each County within his Circuit authorize
the purchase of certain telephone equipment which his office
now leases from AT&T Information Services. A review of this
matter indicates that the purchase of this equipment can be
funded totally with money already appropriated for leasing
this equipment in the current budget.
The total cost to Indian River County of buying_ out the
phone system presently -being leased totals $2,595.35. Upon
authorization by the Board, Mr. Schwarz will be able to
execute the purchase order and Ed Fry is prepared to accept
that and issue the check. It is my recommendation that the
County authorize this purchase.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously authorized
the purchase of certain telephone equipment for the
Public Defender's Office, as recommended by.Assistant
County Attorney Jim Wilson.
16
L. _Release of Assessment Lien -_Indian River Heights Subdivision
Lot 1, Block B
The Board reviewed the following memo dated 11/19/86:
TO: The Board of County Commissioners
DATE: November 19, 1986
SUBJECT: Release of Assessment Lien
Lot 1, Block B, Indian River Heights Subdivision
(23rd Avenue'�'
BBptween 1st Street to 4th Street)
FROM; Bruce Barkett,
Assistant County Attorney
There is a pending assessment lien for paving and drainage
improvements on the above -referenced property .which the Tax
Collector's rolls indicate has been paid; however no release
has been provided. Therefore, please approve the attached
Release of Assessment Lien so that the encumbrance on the
property can be removed.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously approved
the release of assessment lien in the amount of $475 to
Edward I. Hulbert for Lot 1, Block B, Indian River
Heights Subdivision, Unit 5.
17
BOOK 66 Fir.''
5
NOV 2 5 1996 BOOK
RELEASE OF ASSESSMENT LIEN
66 PAGE. 481
For and in consideration of the sum of $475.08,
RECEIVED from Edward I. Hulbert, the receipt of which is
hereby acknowledged, INDIAN RIVER COUNTY, FLORIDA (the
"County") hereby releases the property hereinafter described
from a certain special assessment lien recorded by the
County in its Official Records, Book 0666, Page 0327, for a
special assessment in the amount of $475.08 levied in
accordance with the provisions of Ordinance No. 81-27 of the
County; and hereby declares such special assessment lien
fully satisfied. The property, located in Indian River
County, is more fully described as follows:
Lot 1, Block B, Indian River Heights
Subdivision, Unit 5 as recorded in
Indian River County Plat Book 7, Page 8
Executed by the Chairman of the Board of County
Commissioners of Indian River County, Florida, and attested
and countersigned by the Clerk of such Board, all as of this
25th day of November, 1986_
Attested and countersigned BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
By: 1A
.. -- G -
I E T, I e r k oT DO� . s RLOCK, J., i rT-ma n
_ ,Ci rSu int `Court C -
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:,
Bruce Barkett
Assistant County Attorney
APPROVED AS TO TAX
COLLECTION MATTERS:
r
e n e-�lao r —rel s,Ta is-t✓o 1 I e c t o r
18
M. Satisfaction of Payment for Utility Impact Fees
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously approved
the satisfaction of payment for.utility impact fees
to Ivey Williams Jr. for the north 30 feet of Lot 6
of Espy's Subdivision.
SATISFACTION OF PAYMENT
FOR UTILITY IMPACT FEES
For good and valuable consideration received from IVEY
WILLIAMS, JR., in hand this day, receipt of which is hereby
acknowledged, INDIAN RIVER COUNTY, FLORIDA (the County),
hereby releases the property hereinafter described from a
certain Tien recorded by the County in its official records
(Book 725 Page 239) in regard to an agreement for the
extended. payment of County impact fees, made in accordance
with the provisions of Ordinance No. 85-9, which amended the
County Utility Ordinance No. 84-18. The. County hereby
declares the extended impact fee payment fully satisfied.
The property, located In Indian River County, is more
particularly described as follows:
The North 30 feet of Lot 6 of ESPY'S SUBDIVISION,
according to the plat thereof recorded in Plat
Book 20, Page 36, of the Public Records of Indian
River County4 Florida.
Executed by the Chairman and attested by the Clerk of
the Board of County Commissioners on this 25th day of
November , 1986.
Attest:
Freda g t
Approved "as to form
and legal sufficiency:
1
Charles P. Vitunac
County Attorney
INDIAN RIVER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
By i
Don C. Scutlock, Jr -
Chairman
Approved for Utility matters:
Jeff~ arto " Asst. Director
Div. of Util' Services
STATE OF FLORIDA VP D "
COUNTY OF INDIAN RIVERewA•
I HEREBY CERTIFY at on this day before me, an officer
duly authorized n the State and County to take
acknowledgments personally appeared DON C. SCURLOCK, JR.
and FREDA WRIGHT, to me known to be the persons described in
and who executed the foregoing Release as Chairman and Clerk
respectively of the Board of County Commissioners of Indian
River County, Florida, and severally acknowledged to and
before me that they executed the same as the act and deed of
such County.
WITNESS my hand and Off* ial seal in the above County
and State this _Z26?1(day of _M , 1986.
—1`lo i a ry PuG � c iIJT
i
19
BOOK f'r�l�E8
NOV 2 5 1966 1
BOOK 66 FAG. 483
N_Budget_Amendment - Court Facilities Fund
The Board reviewed the following memo dated 11/19/86:
TO: Honorable Board of County DATE: November 19, 1986
Commissioners
SUBJECT: Budget Amendment
Court Facilities
Fund
FROM: Joseph A. Baird
OMB Director
The Honorable Board of County Commissioners at the budget
hearings for the 1986/87 fiscal year sat capital
items for the Clerk of the Circ,,,'_ -ged to the
Court Facilities fund. Thi- Vzz . . gone.
CAPITAL ITEMS LIST
CRT's - 4
@ 1,200
4,800
X600
Printer
Print -Out
Rack
300
Secretary
Chairs - 4 @ 300
1,200
X366
Credenza
Typewriters - 3 @ 833.33
2,500
Copiers -
3 @ 3,500
10,500
Microfilm
Viewer
3,950
Refrigerator for Microfilm
500
Map File
620
TOTAL 25,336
The following budget amendment is necessary to purchase
the above capital items for the Court Facilities as the
Honorable Board of County Commissioners had authorized.
ACCOUNT NUMBER INCREASE DECREASE
106-909-516-066.41
106-909-581-099.91 25,336
25,336
Court Facilities Contingency Balance
Beginning Balance 10-01-86 72,000
Less (25,336)
Remaining Balance After 46,664
Budget Amendment
20
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously approved
the above budget amendment with funds to come from
the Court Facilities Fund, as recommended by OMB
Director Baird.
0. Budget Amendment - Vero Beach Library Grant
The Board reviewed the following memo dated 11/19/86:
TO: Honorable Board of County DATE: November 19, 1986
Commissioners
THROUGH: Tommy Thomas SUBJECT: Budget Amendment
Intergovernmental for Vero Beach
Coordinator Library Grant
FROM: Josep A. Baird
OMB Director
Vero Beach Library will receive $18,625 in grant money in
1986/87 fiscal year which requires $9,000 in local matching
funds
Elderly Grant
L.S.C.A. Funds
Local Match
Literacy Grant
L.S.C.A. Funds
Local Match
Youth Grant
L.S.C.A. Funds
Local Match
Technology
L.S.C.A. Funds
L.S.C.A. GRANT SUMMARY
2,721
2,966
Sub -Total 6,687
3,654
1,534
Sub -Total 5,188
5,250
3,500
Sub -Total 8,750
7,000
TOTAL 27,625
The following budget amendment is necessary to facilitate
the grant revenues and expenses:
ACCOUNT NUMBER
Revenues
001-000-334-711.00
001-000-334-712.00
001-000-334-713.00
001-000-334-714-00
001-000-334-096.00
V 2 5 16
ACCOUNT TITLE INCREASE DECREASE
State Library Aid/Youth
State Library Aid/Literacy
State Library Aid/Elderly
State Library Aid/Automat.
Contributions/Lib. Assoc.
21
5,250
3,654
2,721
7,000
9,000
BOOK 06 Ft4CF.
Expenses
Youth Grant
001-109-571-038.11 Youth - Books
001-109-571-038.14 Youth - Audio Visual
001-109-571-038.15 Microforms/Subscriptions
Literacy Grant
001-109-571-038.21 Literacy - Books
001-109-571-038.27 Supplies
001-109-571-038.29 Misc. Expense
001-109-571-038.28 Other Contractual Expenses
Budget Amendment for Vero Beach Library Grant
BOOK
7,000
1,250
500
58
2,430
1,600
1,100
ACCOUNT NUMBER ACCOUNT TITLE INCREASE DECREASE
Elderly Grant
001-109-571-038.31 Elderly - Books 5,000
001-109-571-038.34 Audio Visual 1,000
001-109-571-038.35 Microforms/Subscriptions 687
Technology
001-109-571-038.48 Other Contractual Services 7,000
Commissioner Bird asked where the $9,000 in local match is
presently budgeted, and OMB Director Joe Baird advised that they
are presently setting up the budget for the local match and
basically it is money that was left over in the library account
before the libraries became a department of the County.
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Eggert, the Board unanimously
approved the above budget amendment, as recommended
by OMB Director Baird.
PUBLIC HEARING - HEDIN/BINKLEY SUBDIVISION REGULATION WAIVER
The hour of 9:05 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to wit:
22
-I
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
in the
lished in said newspaper in the issues of /�') f le , �-
Court, was pub-
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County. Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida. for a period of one year next preceding the first publication of the attached copy of
advertisement: and affiant further says that he has neither paid nor promised any person, firm
nration any discount, rebate, commission or refund for the purpose of securing this
ent for publication in the said newspaper.
Sworn subscribed before me this �L _ daD. 19
+ (Buil jsf Manage 1�=
Li
/ s
(Clerk of the Circuit Court, Indian River County, FMrida)
(SEAL)
'. NOTICE OF PUSUG HEARING w 1
Tlbti-ce of hearing to Conder-a-wBiverfrom—
Section 6(aX3) of the subdivision ordinance
(Ord. No. 63-24) for the following subject proper-
ties described as:
COMMENCING AT THE NORTHWEST
CORNER OF THE EAST 145 FEET OF ,,,
THE WEST 10.15 ACRES OF THE EAST -
20.15 ACRES OF TRACT 11. SECTION
5, TOWNSHIP 33 SOUTH, RANGE 39
EAST, ACCORDING TO THE LAST GEN-
ERAL PLAT OF LANDS OF THE INDIAN
RIVER FARMS COMPANY AS FILED IN
PLAT BOOK 2, PAGE 25, PUBLIC
RECORDS OF ST: LUCIE COUNTY.
FLORIDA: NOW SITUATE IN INDIAN
RIVER COUNTY. FLORIDA. THENCE
RUN SOUTH 30 FEET. MORE OR LESS, +
TO THE SOUTH BOUNDARY LINE OF
THE INDIAN RIVER FARMS DRAINAGE
DISTRICT RIGHT-OF-WAY; THENCE
RUN SOUTH 725 FEET TO THE POINT
OF BEGINNING; THENCE RUN SOUTH
200 FEET; THENCE RUN EAST 145 .
FEET; THENCE RUN NORTH 200 FEET;
THENCE RUN WEST 145 FEET TO THE
POINT OF BEGINNING.
COMMENCING AT THE NORTHWEST
CORNER OF THE EAST 145 FEET OF
THE WEST 10.15 ACRES OF THE EAST —
20.15 ACRES OF TRACT 11, SECTION
5, TOWNSHIP 33 SOUTH, RANGE 39 s
EAST, ACCORDING TO THE LAST GEN- _
ERAL PLAT OF LANDS OF THE INDIAN
RIVER FARMS COMPANY AS FILED IN -
PLAT BOOK 2, PAGE 25, PUBLIC
RECORDS OF ST. LUCIE COUNTY.
FLORIDA: NOW SITUATE IN INDIAN
RIVER COUNTY. FLORIDA; THENCE • ,
RUN SOUTH 30 FEET, MORE OR LESS. -
TO THE SOUTH BOUNDARY UNE OF
THE INDIAN RIVER FARMS DRAINAGE
DISTRICT RIGHT-OF-WAY; THENCE .
RUN SOUTH 525 FEET TO THE POINT
OF BEGINNING: THENCE RUN SOUTH
200.0 FEET; THENCE RUN EAST 145
FEET: THENCE RUN NORTH 200 FEET; . -
THENCE RUN WEST 145 FEET TO THE,
POINT OF BEGINNING.
The Board of County Commissioners will con-
duct a public hearing regarding the request to
waive road right-of-way frontage requirements of
the subdivision ordinance for the properties de•
scribed above. The public hearing, at which par-
ties in interest and citizens shall have an oppor-
tunity to be heard• will be held by said Board of
County Commissioners in the County Commm.
sion Chambers of the County Administration
Building, located at 1840 25th Street, Vero
Beach, Florida, on Tuesday. November 25, 1986
at 9:05 a.m.
If any person decides to appeal any decision
made on the above matter, he will need a record
of the proceedings, and for such purposes, he
may need to ensure that a verbatim record of the
proceedings is made, which includes testimony
and evidence upon which the appeal is based.
Indian River County
Board of County Commissioners
By -a- Don C. Scurlock Jr.
Chairman
Nov. 10. 1986
Staff Planner Stan Boling reviewed the following staff
recommendation dated 11/13/86:
TO: The Honorable Members of DATE: November 13, 1986 FILE:
the Board of County Commissioners
DIVISION HEAD CONCURRENCE:
r1 HEDIN/BINKLEY SUBDIVISION
Robert M. Keat ng, A P SUBJECT: REGULATION WAIVER
Planning & De elopm t Director
THROUGH: Michael K. Miller MPA
Chief, Current Development
FROM: Stan Boling 4,0, REFERENCES: Hedin/Binkley
Staff Planner STAN3
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of November 25, 1986.
V 19 6 23
; BOOK 66 uu 48�
NOV 2 5 1986
BOOK 4
Background and Conditions:
Mr. N.D. Hedin and Mr. John Binkley, separate owners of two
contiguous parcels located on 62nd Drive (Charlotte Avenue), are
requesting a waiver from section 6(a)(3) of the subdivision
ordinance so as to make their parcels buildable. Prior to the
adoption of the new subdivision ordinance (July 20, 1983),the two
parcels were one parent parcel measuring 400' x 145' owned by
Jerry Becktold.
On December 21, 1983 Mr. John Binkley, interested in purchasing
the north 200' of the parent parcel, received a letter from a
County Code Enforcement Officer stating that a 200' "split -off"
from the parent parcel was legal and buildable. Relying on the
letter, Mr. Binkley purchased the north half of the parent parcel
and obtained a building permit for a house. No construction ever
commenced.and the building permit is no longer valid.
In 1985 Mr. & Mrs. N.D. Hedin purchased the south 200" of the
parent parcel on the assumption that if the other half of the
parcel split was buildable, their half would also be buildable.
In March of 1986, Mr. Hedin applied for a building permit and was
informed that his parcel was not buildable pursuant to section
6(a)(3) of the subdivision ordinance. In effect, the section
states that it is unlawful to divide property by any means where
the resulting parcels have inadequate frontage on a dedicated road
right-of-way (see attachment #4). Section 29(b) of the zoning
code similarly states that in such situations where parcels have
been created without adequate road right-of-way frontage, no
building permit can be issued.
Since the Hedin and Binkley properties had been divided up with
neither having any frontage on a dedicated road right-of-way (62nd
Drive is actually a driveway located within a privately owned 40"
parcel that is used by all surrounding property owners; it is not
dedicated and it is neither a right-of-way nor an easement), the
parcel split is illegal and neither parcel is buildable. The 1983
letter from the Code Enforcement Officer was in error as it did
not take into account the road frontage requirements.
ALTERNATIVE AND ANALYSIS:
*Alternatives
The Binkley and Hedin properties can be made to conform to the
subdivision ordinance and zoning code, and thus be made buildable,
by one of four means:
1) re -combine the two parcels back into the parent parcel
configuration, thus rendering a single buildable parcel;
2) purchase adjoining property that already has sufficient
frontage on an existing road right-of-way.
3) plat to County standards a road right-of-way over 62nd Drive;
4) obtain from the Board of County Commissioners a waiver from
the subdivision ordinance road frontage requirement.
Alternatives 2 and 3 are not feasible at this time because:
a) the properties that would need to be acquired to render
frontage on an existing road right-of-way are unavail-
able; and
b) platting a 60" wide private road right-of-way along 62nd
Drive would require dedications some current.owners are
unwilling to make.
Alternative 1 in this case is not equitable in that a documented
County determination was relied upon for purchase and use of two
parcels. Alternative 4 is being pursued by the applicants..
24
*Analysis
According to
may not waive
the following:
Section 11 of the subdivision ordinance, the Board
requirements of the ordinance unless it finds all of
"(1) The particular physical conditions, shape, or topography
of the specific property involved would cause an undue
hardship to the applicant if the strict letter of the
ordinance is carried out;
(2) The granting of the waiver will not cause injury to
adjacent property or any natural resource;
(3) The conditions upon which a request for waiver are based
are unique to the property for which the waiver is
sought and are " not generally applicable to other
property in the adjacent areas and do not result from
'actions of the applicant; and
(4) The waiver is consistent with the intent and purpose of
the Indian River County Zoning Ordinance, the Indian
River County Comprehensive Land Use Plan, and this
ordinance."
Staff finds that the subject properties are a part of unique
circumstances, wherein the County documented to a potential
property purchaser that a newly split -off parcel was buildable and
legal when in fact it was not. Furthermore, the County issued a
building permit for the Binkley property. As such, -the County has
helped to create a hardship. In regards to these two properties,
the County has diligently applied the subdivision regulations
concerning the number of parcels that may be created without
platting. However, the County has not properly enforced its
frontage requirement regulations and has, in fact, previously
permitted development of one of the split -off lots.
It is staff's opinion that the County cannot reasonably expect the
owners of the subject properties to now fully comply with regula-
tions that the County has previously "exempted" and failed to
apply to one-half of the parcel split. Therefore, in the opinion
of the Planning and Development Division and the County Attorney's
Office, the Board of County Commissioners has the authority to
waive the frontage requirements for the subject properties.
The best alternative for the subject properties and other large
parcels located along 62nd Drive is alternative #3, to plat a 60'
wide right-of-way. Such platting would establish a right-of-way
and a property owners' association responsible for maintaining the
roadway (which is presently unmaintained and in poor condition).
To help facilitate the possible future platting of a 60' wide
right-of-way over the existing 40' wide 62nd Drive, the subject
property owners could set back an additional 101. This would
ensure conformance to front yard setback requirements if a road
right-of-way is ever platted. Section 11 of the subdivision
ordinance gives the Board the authority to attach conditions to a
waiver to assure compliance with the purpose and intent of the
subdivision ordinance. Requiring the extra 10' setback from 62nd
Drive would facilitate future compliance with frontage require-
ments.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners grant a
waiver from the requirements of section 6(a)(3) of the subdivision
ordinance as applied to the subject ..properties subject to the
following condition:
1) such waiver shall not be effective for a subject
property until such time that the owner has filed a
covenant establishing a 30' building setback along
his western property boundary.
25 BOOK FY�r
OV 2 5 1986
K t• .
-;; I
NOV 2 5 1966 Boole 6 6 Fd U -F 4 -
Chairman Scurlock opened the Public Hearing and asked if
anyone wished to be heard in this matter. There were none.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously closed
the Public Hearing.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously granted
a waiver on the Hedin/Binkley property subject to
the condition as outlined in the above staff
recommendation.
APPOINTMENTS TO NEW PUBLIC LIBRARY ADVISORY BOARD
The -Board reviewed the following memo dated 11/25/86:
MEMORANDUM
TO: Board of County Commissioners
FROM: Carolyn K. -Eggert, Chairman
Public Library Advisory Board
DATE: November 25, 1986
SUBJECT: New Library Board Appointments
These are the people I am considering for the Public Library
Advisory Board:
District Members:
Peg Rondeau
Carolyn Eggert, Chrm.
Donna Green
Jean Versteeg
'
Sam Pascal
Honorary Member:
Patrick B. Lyons
At -large Members:
Philip J. Mank, Jr.
John Holmes
Staff Members:
Bob Keating
Bruce Barkett
Ex Officio Members:
L.S. "Tommy" Thomas
Mary Kiser
Lynn Walsh
Other applicants
will be invited to be on subcommittees.
26
F
L
Commissioner Eggert wished to, restructure the Advisory Board
from 9 members down to 7 with 2 or 4 year terms, and recommended
that the Board appoint the persons listed in the above memo by
Resolution today, if that can be done. She pointed out that
since there was no one from District 3, she is recommending that
Donna Green be the replacement.
Chairman.Scurlock had no objection to Donna Green being the
replacement for District 3. He felt that the important part is
the district members and that the sub committees may change from
time to time as the need arises.
Commissioner Eggert explained that although they already
have a site selection committee, she wished to establish a
planning committee that would take input from the public
concerning anything that goes on in the libraries. Commissioner
Eggert advised that s,he would be appointing Jack Pierce, Arthur
-oaport, Mary Jane Stewart, and Wil-liam Hall to this committee,
and anyone else that is currently on the Library Advisory
Committee who would Like to join.
Attorney Vitunac confirmed that the restructuring and
appointments could be done today by resolution, and then the
Legal Dept. will prepare an ordinance to abolish or amend the
original ordinance which established the Advisory Board and bring
it back to the Board at the December 23rd meeting.
Chairman Scurlock understood that the Legal Dept. is going
to be recommending that we create all of our advisory boards by
resolution as opposed to ordinances.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bowman, the Board unanimously approved
Commissioner Eggert's recommendations for appointments
to the Public Library Advisory Board and adopted
Resolution 86-104, restructuring the Public Library
Advisory Board from 9 to 7 members and appointing
those members as set out in the above memo.
27
BOOK 66 P,�-UE 490
i
N 0 V 2 5 1986
-;,
BOOK 6b Fg ;r- 4YI
RESOLUTION 86-104 WILL BE MADE A PART OF THE OFFICIAL RECORD WHEN
FULLY EXECUTED AND RECE I VED
SHERIFF'S REQUEST FOR 6 ADDITIONAL DISPATCHERS FOR COOPERATIVE
CENTRAL_ DISPATCH SYSTEM
The Board reviewed the following letter dated 11/19/86:
P. O. BOX 608
PHONE 569-6700
November 19, 1986
R.T."TtM" D0BECK - INDIAN RIVER COUXTY
MEMBER FLORIDA SHERIFFS ASSOCIATION
MEMBER OF NATIONAL SHERIFFS ASSOCIATION
VERO BEACH. FLORIDA 32961-0008
Honorable Don C. Scurlock, Chairman�
Board of County CommissionersED
Indian River Count=D:ao;�rr�r
y COMMISSIoi;ERa
1840 25th Street
Vero Beach, FL 32960
Dear Doug:
As a result of a previous unanimous decision by the Board, I have
agreed to take over responsibility and staffing for the Co-opera-
tive Central Dispatch system. The new CCD system will include
all emergency services within the County excluding the City of
Sebastian and the City of Vero Beach.
I have previously submitted a list of needs and staffing require-
ments in order to bring about this communications system. It was
the expressed desire of the Board to implement the system in
January, 1987 or as soon there after as possible. Since that
time the action to release funds for the positions and related
computer hardware has been tabled.
I feel it is essential that these needs be discussed and approved
at your next meeting on November 24, 1986 or it will be physical-
ly impossible for us*to go on line anywhere near the projected
date.
If you have any questions or need further information, please do
not hesitate to contact me.
Si nrely,
,�1
R. T. "Tim Dobeck, Sheriff
Indian River County
28
� � r
Sheriff Dobeck explained that the new CCD system will be
dispatching for 13 different agencies and he would like to hire
these additional dispatchers under a phased -in situation, as it
is taking considerably longer to fill these 6 dispatcher
positions than anticipated due to the difficulty in finding
people who can type a minimum of 35 wpm and are willing to take
on this responsibility at the pay being offered. He felt that
they need 1-2 months lead time in the old facility to train these
individuals in learning the 10 signals that will be utilized,
answering the telephone, and dealing with the communications
center itself. Once the CAD system becomes operational, there
also will be a phased -in training period for the existing
personnel to learn how to operate the software to call up the
complaints and how to disperse the information as it comes in.
Sheriff Dobeck emphasized that his department returned $80,000
from last year's budget and hoped that amount would be returned
to them to help phase in these additional positions by at least
March.
OMB Director Joe Baird explained that staff is looking at
the possible savings to the County by having a centralized 911
system serving 13 various agencies and eliminating any
duplication of dispatchers.
Sheriff Dobeck understood that the South County Fire
Department had the money in their budget to hire 5 part-time
dispatchers.
Chairman Scurlock explained that by centralizing the
process, there may not be a need for those 5 positions at the
South County Fire District, but Sheriff Dobeck stressed that in
any event he needs 6 additional personnel. The cities of
Sebastian and Vero Beach have opted out of the CCD system; if
they had not, we would have had to double our staff. However,
there will be interfacing with their systems.
Sheriff Dobeck reported that the CAD system is not in place
as yet. St Louis County is assisting us, but the biggest hangup
29
NOV 6
BOOK 6 F';F 4Q
F7-
N ®Y 2 5 1986 BOOK 66 PA P. 49,3
is the delay in the release of funds for the positions and
related computer hardware.
Commissioner Wheeler suggested that we delay putting in the
CAD system until it can be installed in the new building in order
to save double installation costs and then delay the hiring of
the additional personnel for a few more months.
Sheriff-'Dobeck explained that he needs to have the system
installed in the old facility in order to train personnel, and
pointed out that there is no great expense in having the
equipment hooked up once it is purchased. Sheriff Dobeck
recommended that the total cost of the system be placed into a
portion of -the bond that is being considered so that they could
go ahead and purchase the equipment now as it takes somewhere in
the neighborhood of 6-8 months to get delivery.
Chairman Scurlock advised that refinancing the $9.85 million
bond issue probably would not be feasible due to the current
spread in the interest rates and the changes in the new tax
reform laws. We are looking at new funding to come up with the
shortfalls on various other projects, and he felt that we are
going to have to sit down in the very near future and identify
our priorities because there is probably $6-8 million in requests
for additional funding.
Sheriff Dobeck emphasized that the equipment will not be a
recurring expense and that we have the opportunity now to make
this an item that can be put into the bond issue, whereas if it
comes to the Board next year, it will be a capital item. Going
ahead now would allow them to become operational, and they would
not need to come back for at least 10 years with requests for
hardware funding. Perhaps they would need to comeback for
software, but not hardware.
Director Baird reviewed the following memo dated 11/3/86:
E- - I
30
M
TO: Charles Balczun ®ATE: November 3, 1986 FILE:
County Administrator
H. T. "Sonny" Dean
Director, General Services
Capital Cost of C.A.D. and
Liz- Forlani SUBJECT: 9"11 System for Sheriff's
Administrative Assistant Administration Building
Board of County Commissioners
r
FROM: Director, OMB REFERENCES:
The total cost of the proposed C.A.D. and 911 system is $905,737.00.
Console and Furnishings - 911 System
(Memo dated 9/18/86, Attach.IV)
Microwave Tower
(Memo dated 9/24/86)
Interim Central Dispatch
(Memo dated 10/1/86)
Computer Equipment for C.A.D. System
(Memo dated 10/29/86)
TOTAL CAPITAL COST
$122,610.00
$67,440.00
$129,328.00
$586,359.00
$905,737.00
Richard Dees of the Sheriff's department aided in compiling the cost
breakdown and agrees with the total cost figure.
Sheriff Dobeck again emphasized that his department returned
$80,000 of last year's budget and hoped the Commission would
consider using a portion of that for funding the additional
personnel. The total amount for the salaries of the 6
dispatchers is $100,263.
Director Baird pointed out that while the County's cash
carry forward has been deteriorating every year, the Sheriff's
Dept. has been one of the few to return funds at the end of the
fiscal year.
Sheriff Dobeck stated that he needed direction from the
Commission on when to phase in these new personnel so that they
know how to plan ahead, and Director Baird advised that the
Sheriff has $27,00 in his contingencies and the remainder of the
funding would have to come from the general fund contingencies.
31
B001( Fir 0
-,,
BOOK
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Bird, that the Board
approve the Sheriff's request to phase in 6
66 vii, F
additional personnel, adding 2 each in January,
February, and March; and in the interim compare
the phased in cost with the $100,263 and determine
where the funds will come from.
Under discussion, the Sheriff agreed to look at phasing in
the additional personnel more gradually if things did not move
ahead as quickly as anticipated.
Commissioner Bird asked the Sheriff how he felt about
Director Baird's suggestion that we use his $27,000 contingency
fund, and the Sheriff stated he did not much like that idea
because that would wipe out his contingency funds for the rest of
the year:
Administrator Balczun suggested that since we are talking 6
figures here and we have yet to find out where these funds are
going to come from, the Commissioners withdraw their Motion and
place this matter on the Agenda at a time certain for two weeks
from today.
COMMISSIONERS WHEELER AND BIRD agreed to withdraw their
Motion on the floor.
ON MOTION by Commissioner Eggert, SECONDED
by Commissioner Bowman, the Board unanimously
tabled thils item for two weeks when a final
recommendation will be presented to the Board.
Commissioner Eggert felt that it would be very helpful to
know where funds are going to come from before any requests of
this nature are placed on the Agenda.
32
Administrator Balczun suggested that a representative from
the Sheriff's Department be invited to attend the pre -agenda
staff meetings, and the Sheriff believed that would be a good
idea.
The Sheriff asked that the Board also review the total cost
of the computer equipment for the new facility.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously instructed
OMB Director Baird and Administrator Balczun to review
the total cost of the CCD system and bring their
recommendation for funding back to the Board in two
weeks.
Attorney Vitunac pointed out that nothing can be ordered by
a public agency unless there are funds legally available to pay
for it; therefore, if the County wants to order $1 -million plus
in equipment, it has to make a decision that the bonds will be
issued and start the ball rolling.
Chairman Scurlock advised that we are already moving ahead
on the bond issue in that they have decided not to refinance the
$9.85 million issue, and bond council is preparing in-ducement
resolutions.
Director Baird advised that they are refining the numbers
and they will be coming back to the Board with a cost breakdown
and a request for authorization from the Board to go out for
funding.
Architect Charles Block pointed out that some decisions
concerning the pouring of the slab and the installation of
conduit for the Administration Building must be made prior to the
decision on the overall costs, but Chairman Scurlock did not feel
that was a problem as he believed Administrator Balczun and
General Services Director Sonny Dean could identify the necessary
33
BOOK 1)6 FAGS 496
NOV 2 1936
BOOK `'r4„ 4 7
items that have to be done between now and when we get final
approval of the overall costs.
DISCUSSION RE SHERIFF'S ADMINISTRATION BUILDING
The Board reviewed the following letter dated 11/19/86:
November 19, 1986
R. T."T W DO B E C K • INDIAN RIVER COUNTY
MEMBER FLORIDA SHERIFFS ASSOCIATION
MEMBER OF NATIONAL SHERIFFS ASSOCIATION
VE80 BEACH. FLOEIDA 32961-0008
NOV Iabn
Honorable Don C. Scurlock, Chairman r RLE CEiIli
Board of County Commissionersc� WARDCOU."M
Indian River County `a� COMMISSIONIE s
1840 25th Street
Vero Beach, FL 32960
Dear Doug:
On September 16, 1986, the Board of County Commissioners awarded
the contract for the construction of my new administration build-
ing. The contract excluded the Alternate #1 which was the 14,000
square feet storage facility at a total cost of $148,000 or
approximately $10.50 per square foot.
I am requesting that you re-evaluate the need for this facility,
not only for the protection from weather damage, but to also
increase the security from theft and vandalism. Within the past
week we have experienced two (2) incidents in which the fence was
cut and theft occurred. Not only is there a loss of property,
but also man-hours in that a complete inventory must be conducted
anytime a theft occurs. I do not feel we will be able, at any
time in the future, to add such a facility anywhere near the same
cost.
If you have any questions or need further information, please do
not hesitate to contact me.
Sincerely,
R.. T. "Tim" Dobeck, Sheriff
Indian River County
34
t ``
f
P. O. BOX 608
PHONE 569-6700
November 19, 1986
R. T."T W DO B E C K • INDIAN RIVER COUNTY
MEMBER FLORIDA SHERIFFS ASSOCIATION
MEMBER OF NATIONAL SHERIFFS ASSOCIATION
VE80 BEACH. FLOEIDA 32961-0008
NOV Iabn
Honorable Don C. Scurlock, Chairman r RLE CEiIli
Board of County Commissionersc� WARDCOU."M
Indian River County `a� COMMISSIONIE s
1840 25th Street
Vero Beach, FL 32960
Dear Doug:
On September 16, 1986, the Board of County Commissioners awarded
the contract for the construction of my new administration build-
ing. The contract excluded the Alternate #1 which was the 14,000
square feet storage facility at a total cost of $148,000 or
approximately $10.50 per square foot.
I am requesting that you re-evaluate the need for this facility,
not only for the protection from weather damage, but to also
increase the security from theft and vandalism. Within the past
week we have experienced two (2) incidents in which the fence was
cut and theft occurred. Not only is there a loss of property,
but also man-hours in that a complete inventory must be conducted
anytime a theft occurs. I do not feel we will be able, at any
time in the future, to add such a facility anywhere near the same
cost.
If you have any questions or need further information, please do
not hesitate to contact me.
Sincerely,
R.. T. "Tim" Dobeck, Sheriff
Indian River County
34
t ``
Chairman Scurlock pointed out that on the new site the
confiscated storage building will be sandwiched between the Jail
and the Sheriff's Administration Building, which will give more
security.
Commissioner Bird asked if some sort of an outside security
system could be installed, and the Sheriff believed that such a
system is probably available. However, he emphasized that
weather is a factor and that his department is responsible for
maintaining the various vehicles in the same condition they were
when confiscated. While there is some covered storage available
in the new building, it will not be sufficient to store large
vehicles such as boats, airplanes, trucks, etc., and he could be
sued for not maintaining the same condition.
Chairman Scurlock pointed out that many law abiding
residents do not have covered parking as they have made an extr--a------,,_
bedroom or den out of their garage, and he did not understand why
we should have to provide covered storage for criminals'
vehicles.
Chairman Scurlock felt the bottom line here is that. the pit
just is not bottomless, and there is a shortfall on several other
projects.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bowman, the Board unanimously denied
the Sheriff's request to include the confiscated
storage building in the construction contract for
the new Sheriff's Administration Building.
LANDCLEARING/TREE REMOVAL VIOLATION
The Board reviewed the following staff recommendation dated
11/7/86:
35 GOOK 6 6 Pb.)E4 jll
►10V 2 5 198
Fr___ -1.4
NOV 2 5 1988
BOOP( 66 PnUF 499
TO: The Honorable Members DATE: November 7, 1986 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE: LANDCLEARING/TREE REMOVAL
VIOLATION: DAVID ELLER AND
- - / - SUBJECT: JIM BOUDET CV -86-09-644
Robert M. K6a9ng,_31CP
Planning & Development Director
THROUGH: Art Challacombe
Chief, Environmental Planning
FROM: Roland M. DeBlois REFERENCES:
Staff Planner
Environmental Planning Section
It is requested that the data presented herein be given formal
consideration by the Board of County Commissioners at their
regular meeting on November 25, 1986.
DESCRIPTION & CONDITIONS:
On September 5, 1986,County staff observed that parcel number
25-33-38-00001-0020-00002.0 had been cleared, including the
removal of thirteen (13) protected trees prior to the issuance
of tree removal and landclearing permits. The parcel is
approximately 9.94 acres in size, and is located on the south
side of Oslo Road (9th Street, S.W.), in the 7700 block range.
The property is zoned IG, General Industrial District.
In addition, staff observed that the landclearing and tree
removal had occurred in association with the development of a
right-of-way, approximately 60 feet wide and extending approxi-
mately 1,300 feet southward from Oslo Road, which was being
developed without County approval.
The property is currently owned by Mr. David Eller, d/b/a/
Relle Properties, and was cleared under the direction of Mr.
Jim Boudet, brother-in-law of Mr. Eller and adjacent property
owner.
In a meeting with staff on September 29, 1986, Mr. Boudet
explained that the property had been cleared with permission
from Mr. Eller, to provide access to his (Mr. Boudet's) proper-
ty, located south of and adjacent to Mr. Eller's parcel. He
indicated that he was not aware of the need for County permits
for landclearing and tree removal, or for the establishment of
a right-of-way. Mr. Boudet stated that he obtained the ser-
vices of a Mr. Wilbur Bell to perform the landclearing opera-
tion. Staff has not succeeded in locating Mr. Bell to contact
him; the County Tax Collector's office does not have record of
an occupational license under the name of Wilbur Bell.
ALTERNATIVES & ANALYSIS:
Section 231-6(a) & (b), Tree Protection, of the Code of Laws
and Ordinances of Indian River County, Florida prohibits the
performance of any tree removal, landclearing or grubbing
unless tree removal and landclearing permits have first been
issued by the County. The ordinance further specifies that a
violation shall be punishable upon conviction by a fine not to
exceed five hundred dollars ($500) per tree and landclearing
activity or by imprisonment in the County jail for up to sixty
(60) days, or both.
36
Based on the illegal landclearing and number of protected trees
removed, staff requested on September 8, 1986, that Mr. Eller
submit a voluntary payment of $7,000.00 and obtain after -the -
fact permits. Mr. Eller responded in a letter dated September.
12, 1986, indicating that Mr. Boudet was responsible for
obtaining appropriate permits for the landclearing and esta-
blishment of a right-of-way. Neither Mr. Eller nor Mr. Boudet
indicated they would submit the voluntary payment as requested
by staff.
STAFF RECOMMENDATION:
Staff recommends that the Board of County Commissioners consi-
der obtaining a voluntary payment of $7,000 dollars, in addi-
tion to the requirement of after -the -fact permits. In the
event that any said agreement is not forth -coming, staff
recommends that the Board of County Commissioners grant staff
the authorization to pursue available remedies in County Court.
Staff Planner Roland DeBlois circulated photographs of the
site, and advised that a copy of a letter received from Mr. Eller
last Friday has been added to today's backup material.
POST OFFICE DRAWER " E"•33 N.W. 2ND STREET* DEER FIELD BEACH, FLORIDA 33441, U.S.A.•PHONE 305-426-15000TELEX 51-9272
l
November 20, 1986
Board of County Commissioners ; �'1')�'`"re<
1840 25th St. �yi'IL
Vero Beach, FL 32960 V 1986
ATTN: Roland M. DeBloise
r;;
RE: Your letter of Nov. 7 1986
Rescheduling landclearing violation healing
1 g 9 v
Dear Mr. DeBlois:
This is to acknowlegde and thank you for your letter of November 7th, 1986. 1 appreciate the rescheduling
of the hearing to November 25th at 9:30 a.m. I plan to be there myself if at all possible and I understand Jim
Boudet will be there also.
As a matter of interest, I purchased the property with the intent of building a water pump manufacturing
plant there in the not to distant future which will employ from 60 to 100 people. We would like to .proceed
on all the necessary permits as quickly as possible in order to make sure that we don't run into any "snags"
which would effect our planning.
In fact, we have already had preliminary discussions with Carter Engineering Assoicates to proceed in the
permitting process. Once we see the "green light" in Indian River County for the whole process, we intend
to put our Brevard factory site up for sale, (we have 7 acres on the Intra -coastal waterway and US No. 1) and
move the factory to Vero.
37
BOOK r'9;F 50
BOOK 66 P,*
I'm truly sorry that we've gotten off to a bad start on this property. It was not intentional, and we generally
are known for being good business citizens' in the four communities and three countries in which our
factories are presently located.
Thank you for any consideration you can give us in this matter.
Very truly yours,
M $ W PUMP CORPO�RI *ION
DAVID ELLER
President
107
'P.S. For example, we would be pleased to cooperate with your Forestry Dept. and plant 13 new trees on
the property. Let us know if that would be satisfactory.
cc: Jim Boudet
David Eller, President of Relle Properties, Deerfield Beach,
Florida, explained that they purchased the property approximately
one year -.ago and are ready to proceed with the permitting process
for construction of a plant that will initially employ 60-100
persons. Not being aware of the County's requirement to obtain a
permit for land clearing, his brother-in-law, Jim Boudet, hired
Wilbur Bell to perform the landclearing operation. Apparently,
Mr. Bell never obtained an occupational license from this county.
If he had done so, he would have been informed of the
restrictions in land clearing. Unfortunately, all attempts to
locate him have been unsuccessful. Mr. Eller explained that in
Brevard County a newspaper cannot accept an ad from a contractor
unless it is printed that there is an occupational license, and
he felt that is something this Commission might want to consider
in order to get tighter control.
Jim Boudet, 2002 Balboa, Vero Beach, explained that although
he was involved in building the Oceanspray and Hercules plants
off of Oslo Road, he now spends most of his time in the citrus
business in Costa Rica. He stated that he received Mr. Bell's
name from Ben Stewart who put in the culvert, and stressed that
most of the trees that were cut down were growing in the path of
the access road.
38
_I
Commissioner Bowman believed that Ben Stewart is from St.
Lucie County and perhaps that is where we should look for Wilbur
Bell.
Mr. DeBlois confirmed that the 13 pine trees of 8" or more
in diameter were removed from the 50-60 ft. wide path for the
access road and the area along the path had been underbrushed.
Commissioner Bird asked what the normal procedure is on
this, and Robert. Keating, Director of Planning 6 Development,
explained that if the owner had requested a road during the site
plan process, staff would have determined the appropriate
alignment for the road in order to save as many trees as
possible.
Commissioner Eggert asked if we had the option to request
replacement of the trees, and Chairman Scurlock explained that we
have the option of a fine or replanting, or both. He felt that
the appropriate thing in this case would be a fine because he did
not feel there has been any willful intent to break the law or
destroy the environment. He noted that these individuals have
been involved in the citrus business for many years, and when
agricultural land is cleared, the process is a little bit
different.
Fred Mensing, resident of Roseland, recalled that the County
staff held a workshop for people in the land clearing business,
and he felt that if out-of-town people were going to do the job,
then they should know the restrictions as well.
MOTION WAS MADE by Commissioner Bird, SECONDED by
Commissioner Bowman, that based on the circumstances,
the Board require the property owner to submit a $500
fine and obtain an after -the -fact permit with the
understanding that as part of the pending site
plan approval, the owner agrees to mitigate the
situation by replacing the 13 pine trees with trees of
reasonable size as determined by staff.
39
BOOK F'�GE 50
AAV 2 5
1986
BOOK
6 6
PlgGE 5.03
Under discussion,
Commissioner Bowman suggested
that
the
replacement trees be at least 8" in diameter, and expressed her
concern about pine trees being considered trash trees.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was
voted on and carried by a vote of 4-1, Commissioner
Bowman dissenting.
Commissioners Eggert and Wheeler wished to see the County do
some public relations work on this subject through newspapers and
radio, and after that was done, they felt they would be willing
to get a lot tougher on these violations, especially with regard
to the land clearing contractor.
Attorney Vitunac suggested that workshops be held with St.
Lucie and Brevard County staffs informing them of Indian River
County's.restrictions in tree removal and land clearing. With
the Board's permission, the Legal Dept, will try to find Wilbur
Bell and take him to court for his part in this violation. The
Board indicated their approval.
REQUEST FOR STOP SIGNS IN OSLO PARK
David Myers, 2535 19th Ave., SW, presented the following
request for installation of SLOW and STOP signs in Oslo Park Sub.:
BOARD OF COUNTY COMMISSIONERS NOVEMBER 18, 1986
INDIAN RIVER COUNTY
1840 25th St.
VERO BEACH' FLORIDA
To Whom it May Con& ern:
On March 29th.,1986, Iwrote a letter regarding
to the high speed traffic in frount of my house at
1535 19th. ave sw., Oslo Park... I asked for a STOP
sign to installed at the intersection of 19th ave.
south west and 15th Street SW. and/or 16th.Street sw.
The Commissioners at that time had a couple
of SLOW signs installed...Thanks, But no one seems
to take them serious...
Again, Im very concerned about the safety of
my children and the other children in our neighborhood.
PLEASE include this matter on your next agenda
meeting as soon as possible...
Please Note Map attached and Area NamesW/signatures
1535 th. ave. sw/ .SINCEREL,
Oslo Par .
Vero Beach, Fla.
562-8361 �-
Davi Myer
40
Public Works Director Jim Davis explained that the language
in the DOT Green Book says that it is not a good practice to
install a stop sign just to slow down traffic, but Attorney-
Vitunac advised that the County has the right to install stop
signs wherever it wants, and does not have to follow the Green
Administrator Balczun recommended that -we give the Sheriff's
Department at least a month to vigorously enforce the speed limit
before taking any action on the installation of signs.
MOTION WAS MADE by Commissioner Bird, SECONDED by
Commissioner Eggert, that the County Administrator
bring this matter back to the Board in 30 days after
the Sheriff's Department has had a chance to enforce
the existing traffic regulations vigorously.
Mr. Myers pointed out that the area is growing rapidly and
that 19 people have signed a petition in support of having a stop
sign installed.
Director Davis explained that although the entire
subdivision is posted for 30 mph, those signs are not posted on
every street.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
was voted on and carried unanimously.
TRANSFER OF WGYL TOWER LEASE
The Board reviewed the following letter dated 11/18/86:
tt.
41
BOOK F'�c.
NOV 2
BOOK
66 FA;F 50
THE TREASURE COAST'S NUMBER ONE STATION
1500 20th Street - Vero Beach, Florida 32960
TE 2923 ��►�-�'j$ �,Telephone (305) 567-8366
c'
NOV 1086
N N
RECE11rZ® November 18, 1986
BOARD cau; ti
Doug Scurlock, Chairma com I SIONERS
Tndian River County Com bion
1840 25th Street
Vero Beach, F1 32060
Dear Commissioner Scurlock;
WGYL Radio Corp. respectively request approval from the
commission to assign the license on the property we lease
from the county, for use as a tower site, to Treasure Coast
Broadcasting Company. Limited Partnership.
As you are aware WGYL Radio Corp. has sold it's interest in
WGYL-FM and the transfer has been approved by the F.C.'C.
Could the commission, at it's next regular meeting issue
such approval, and execute any documents that be be
npr_essary'to effect the assignment.
Sincerely,
d
Chris Hubbard, Pres.
WGYL Radiri Corp.
Commissioner Bird asked if there is anything in the existing
lease that we feel uncomfortable about that we would consider
changing in the transfer, and Attorney Vitunac advised that the
lease was in order.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Wheeler..,the Board unanimously approved
the transfer of the lease with WGYL for tower space to
Treasure Coast Broadcasting Company, Limited
Partnership, and authorized the Chairman's signature.
LEASE TRANSFER WILL BE PUT ON FILE IN THE OFFICE OF CLERK TO THE
BOARD WHEN FULLY EXECUTED AND RECEIVED
42
DISCUSSION ON SANDRIDGE GOLF CLUB
The Board reviewed the following memos dated 11/20/86:
TO: The Honorable Members of ®ATE: November 14, 1986 FILE:
the Board of County Commissioners
SUBJECT: FINANCIAL STATUS -
SANDRIDGE GOLF COURSE
19
REFERENCES: FROM: Charles P. Balczun REFERENCES: NOV '„86
County Administrator as
Attached you will find a Financial Status Report for the
Sandridge Golf Course construction project.
That report is organized as follows:
SCHEDULE A Golf course construction costs if contract IS
awarded to build a clubhouse.
SCHEDULE B Golf course construction costs if contract IS
NOT awarded to build a clubhouse.
SCHEDULE C C-1 through C-7 set forth data in support -of
Schedules A and B.
Please note that if we proceed with clubhouse construction,
we anticipate an unfavorable project budget variance of $176,495.
In the event we do not proceed with that construction, we antici-
pate a favorable variance of some $77,276.
The data set forth in the attached schedules reflects actual
costs incurred or outstanding encumbrances as well as our best
estimates for certain items which have yet to be bid and/or ac-
quired. We estimate a maximum aggregate variance of some $15,000
in this regard. -
Staff recommends that the County not proceed with construction
of the clubhouse at this time unless of course you elect to trans-
fer or appropriate between $176,000 and $191,000 to underwrite
costs incidental to that construction.
We are currently inquiring into the availability and cost(s)
of temporary substitute structures and will report that infor-
mation to you upon receipt.
Please call me if you have any questions.
43 BOOK }'; 6
NOV 2 5 1986
BOOK 66 DGr.50 7
TO: The Honorable Members of DATE: November 20, 1986 FILE:
the Board of County Commissioners
SUBJECT:
THRU: Charles P. Balczun
County Administrator
FROM ; L- S- "Tommy" Thom IJRO
EFERENCE •
Intergovernmental S•
Coordinator
I understand you have received Joe Baird's financial report on the
golf course. As you may know, we have had several meetings since
Joe furnished this information and we still feel there will be a
shortfall of $175,000 to $200,000 if we complete all items that should
be a part of the new golf course. It has also been determined by
everyone who has been involved that the 10,000 feet of golf cart path
must be completed before the golf course can open. Also, two bridges
must be constructed across Lateral "G" canal.
It is my recommendation that the golf clubhouse not be built at this
time so that the cart paths and bridges can be completed. It is our
best estimate that this will still leave approximately $75,000 to
complete all of the other items that may be necessary as well as funds
for the temporary clubhouse.
From a purely financial point of view, the Board may want to consider
an interfund transfer in the amount of $200,000 to fully complete
this project.
I have checked with Ed Fry, County Auditor, and he says this can be
done. I have also confirmed this with Arthur Young Associates, our
outside auditors.
OMB Director Joe Baird presented the following cost
analysis:
44
11/24/86
ANALYSIS OF GOLF COURSE CONSTRUCTION COSTS
M
REVENUE
VARIANCE
ORIGINAL CURRENT FAVORABLE
ESTIMATE ESTIMATE (UNFAVORABLE)
Bond Proceeds 2,400,000 2,406,526 6,526
Interest Income 15,000 49,125 34,125
TOTAL REVENUE , 15,000 T,455,651 40,651
ANALYSIS OF GOLF COURSE CONSTRUCTION COSTS
IF CLUBHOUSE IS ELIMINATED
REVENUE
VARIANCE
ORIGINAL CURRENT FAVORABLE
ESTIMATE ESTIMATE (UNFAVORABLE)
Bond Proceeds 2,400,000 2,406,526 6,526
Interest Income 15,000 49,125 34,125
TOTAL REVENUE 2,415,000 2,455,651 40,651
EXPENSE
ORIGINAL COUNTY'S VARIANCE
ARCHITECT CURRENT FAVORABLE
ESTIMATE ESTIMATE (UNFAVORABLE)
Architect 110,000 117,600 (7,600)
Site Work 135,000 125,458 9,542
Const. of Golf Course 1.,300,000 1,516,634 (216,634)
Clubhouse (1) 250,000 16,625 233,375
Maintenance Building 100,000 107,812 (7,812)
Golf Cart Equip. Bldg. 75,000 76,532 (1,532)
Equipment 200,000 208,307 (8,307)
Grow -in Costs 175,000 175,000 -0-
Capitalized Interest 15,000 15,000 -0-
Contingency 55,000 -0- 55,000 `
TOTAL EXPENSE 2,415,000 2,358,968 56,032
FAVORABLE VARIANCE 96,683
NOTE: Clubhouse Expenses Incurred
(1) Architect (85% of Contract) 14,500.00
Permit & Tests 390.00
Water System 1,600.00
Other 134.40
TOTAL. �6
EXPENSE
ORIGINAL. COUNTY'S VARIANCE
ARCHITECT CURRENT FAVORABLE
ESTIMATE ESTIMATE (UNFAVORABLE)
I
Architect 110,000 117,600 (7,600)
Site Work 135,000 125,458 9,542
Const. of Golf Course 1,300,000 1,516,634 (216,634)
Clubhouse (1) 250,000 254,725 (4,725)
Maintenance Building 100,000 107,812 (7,812) _
Golf Cart Equip. Bldg. 75,000 76,532 (1,532)
Equipment 200,000 208,307 (8,307)
Grow -in Costs 175,000 175,000 -0-
Capitalized Interest 15,000 15,000 -0-
Contingency 55,000 -0- 55,000
TOTAL EXPENSE 2,415,000 2,597,068 (182,068)
UNFAVORABLE VARIANCE (141,417
45 BOOK t 6 P,-, �c 50
NOV 2 5 1986
NOV 2 5 1986
-;-�i
BOOK PFgGc ��
Chairman Scurlock pointed out that there is not an actual
shortfall on this project; this is what we anticipated in the
very beginning. We had a bond issue of $2.4 million, which
netted a certain amount of money, and the concept always was that
we would make those dollars go as far as possible and try and
build this facility, and do as much as we could in the first
phase until additional needs arose and revenue became available,
including donations. In fairness, the Chairman felt there has
been some connotation that perhaps something was mismanaged or
forgotten. However, that is really not the case, and he felt
that should be made very clear. He believed that Commissioner
Bird and staff have done a very good job in moving forward on
this project.
Commissioner Bird stressed that the bottom line is that we
need $141,000 in order to complete the project and build the
clubhouse, the cart paths, the bridges, the electric cart storage
building and pave the parking areas. We have received bids on
the clubhouse, the cart storage building, and parking lot, that
are on hold right now, and we need to decide whether we are going
to go ahead and award those contracts or at least a portion of
them. He felt we should go ahead and start the cart storage
building immediately, because that operation is critical to
opening the golf course. Commissioner Bird wanted to see what
our options are for generating the additional $140,000 that we
need to complete the project. He confirmed that the cart paths
are included in the $140,000.
Chairman Scurlock felt that a golf course, especially one of
this professional nature, was a primary attraction for tourists,
and pointed out that a tourist tax would be a potential source of
revenue. From the beginning he had felt that a temporary
facility would be a good idea, because he believed we are going
to need 45,000-50,000 rounds of golf to make this project self
supporting. He felt right now the essential items are the cart
paths and the bridges.
46
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M
Commissioner Bird agreed, but preferred to go ahead and
complete the total project if there was any possible way to do
it.
Chairman Scurlock pointed out that even though we are only
two months into our fiscal year, we already are experiencing a
tightening in our budget.
Commissioner Eggert felt that our main priority is to get
the golf course open.
Architect Charles Block believed there had been somewhat of
a commitment to build a clubhouse because he was hired to design
a facility, but Chairman Scurlock emphasized that from day one
the commitment was to get the most we could from $2.4 million and
build the golf course first.
Administrator Balczun emphasized the need for additional
money for 3 or 4 other County projects and suggested that we go
ahead on the cart paths, the storage building, the bridges, and
the parking lot, before coming back and discussing the remainder
of the project.
Golf Pro Bob Komarinetz informed the Board that a
considerable savings would be realized if we purchase our carts
in the very near future.
Chairman Scurlock advised that Indian River Estates have
indicated a desire to work with the County in arranging to have
their temporary sales office moved to the golf course site. This
facility has restroom facilities and it is approximately 24,000
square feet. He would like to pursue obtaining that facility,
regardless of the outcome of the golf course project, because it
could be used at the County Fairgrounds.
Intergovernmental Relations Director Tommy Thomas noted that
we need to start on the paths tomorrow, and until we know the
direction we are going in, we don't have the money for the paths.
47
N01y' 2 5 1986 BOOK U6 PAul-510
NOV 2 5 ?Q,P
BOOK �F�r,� 511
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Eggert, the Board unanimously committed
to the construction of the bridges, cart paths, and
cart storage building, and the paving of the
parking lot, and agreed to hold off on the
construction of the clubhouse until further financial
information is available.
Director Thomas emphasized that a decision has to be made on
the clubhouse pretty soon, and Director Baird questioned the
validity of the low bid because the other bidders might object to
the low bid because of the deletion of the clubhouse.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously
directed staff to proceed on the bids on the 4 items
in a lawful and legitimate manner as determined by the
County Attorney and report back to the Board.
Richard Schuler, Whipporwill Lane, felt it might be a
mistake to pursue temporary quarters for the clubhouse because of
the complications in hooking up water and sewer. He suggested
that we go ahead with just the shell of the clubhouse and finish
off the interior as funds become available, but Commissioner Bird
pointed out that we may not be able to get a Certificate of
Occupancy unless the interior is finished.
Commissioner Bird advised that they would work hard on this
$141,000 and see what we can come up with. He was sure that
there were individuals in the community who would consider
loaning that amount to the County perhaps on some preferential
basis.
APPOINTMENTS TO TOURIST DEVELOPMENT COUNCIL
The Board reviewed the following memo dated 11/24/86:
48
TO: Board of County Commissioners ATE' November 24, 1.986 FILE:
FROM: Gary C. Wheeler
County Commissioner
SUBJECT:
Indian River Tourist
Development Council
REFERENCES:
I would like to recommend the following appointments to the
Indian River Tourist Development Council:
Gary C. Wheeler, County Commissioner
George Bunnell, Town of Indian River Shores Councilman
William Cochrane, City of Vero Beach Mayor
Terry Reynolds, Representative of the Dodger Conference
Center Organization
Samuel Pascal, General Manager of Driftwood Inn and
Resort
Paul Kelley, Owner of Aquarius Resort Motel
Richard C. Bireley, Jr., Retail business
Robert Gourley, V.P. & General Manager of WTTB Radio
Station
John Morrison
Commissioner Bird noted that Bill Cochrane has decided not
to run for City Council again, but Commissioner Wheeler did not
feel that would be a problem because the budget work and other
things have to be done by January 27, 1986. However, he would
like to see the bulk of it done by Christmas so that we can get
this on the referendum for the March election.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bowman, the Board unanimously appointed
to the Indian River Tourist Development Council the
persons recommended by Commissioner Wheeler and these
names are to be included in Resolution 86-102 adopted
at the meeting of 11/18/86.
iL 41_
49
BOOK �,{ s ���
r
NOV 2 5 1936
11/10/86(B4)LEGAL(Bnm)
BOOK66 ��n 513
RESOLUTION NO. 86- 102
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, ESTABLISHING AND APPOINTING THE
MEMBERS OF THE COUNTY TOURIST
DEVELOPMENT COUNCIL, PURSUANT TO SECTION
125.0104, FLORIDA STATUTES; INDICATING
THE INTENTION OF THE COUNTY TO CONSIDER
THE ENACTMENT OF AN ORDINANCE LEVYING
AND IMPOSING A TOURIST DEVELOPMENT TAX;
ESTABLISHING THE DUTIES TO BE PERFORMED
BY THE TOURIST DEVELOPMENT COUNCIL; AND
ESTABLISHING THE TIME WITHIN WHICH SAID
COUNCIL IS TO PERFORM SUCH DUTIES.
WHEREAS, Section 125.0104, Florida Statutes, the
"Local Option Tourist Development Act" authorizes any County
in th is State to levy and impose a tourist development tax
on the exercise within its boundaries of the taxable
privilege of renting, leasing, or letting for consideration
any living quarters or accommodations in any hotel,
apartment hotel, motel, rooming house, mobile home park,
recreational vehicle park, or condominium for a term of six
(6) months or less; and
WHEREAS, the Board of County Commissioners of
Indian River County hereby indicates its intention to
consider the enactment of an ordinance levying and imposing
a one percent (1%) or two percent (2%) tourist development
tax; and
WHEREAS, Section 125.0104, Florida Statutes,
requires that at least sixty (60) days prior to the
enactment of an ordinance levying a tourist development tax,
the governing Board of the County shall adopt a resolution
establishing and appointing the members of a tourist
development council;
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.
1
r
2. There is hereby established and appointed a
County "Tourist Development Council", consisting of the
Chairman of the Board of County Commissioners of Indian
River County or another member of the Board of County.
Commissioners as designated by the Chairman; two (2) elected
municipal officials, one (1) of whom shall be from the most
populous municipality in the County; three (3) owners or
operators of motels, hotels, recreational vehicle parks, or
other tourist accommodations within the County; and three
(3) persons who are involved in the tourist industry and who
have demonstrated an interest in tourist development, but
who are not owners or operators of motels, hotels,
recreational vehicle parks, or other tourist accommodations.
3. These specific persons who shall comprise the
Indian River County Tourist Development Council shall be:
1. Gary C. Wheeler
2. George Bunnell,. Town of Indian River Shores Councilmai
3. Willi am Cochrane C ity of Vero Beach Mayor
4. Terry Reyn olds, Representative oof t e odger Conference Cente-
zan
5. Sam Pascal, General Manager of Driftwood Inn and Resort
6. Paul Kelley, Owner of Aquarius Resort Motel
7.- Richard C. Bireley, Jr., Retail business - President Beach
Association
8. Robert Gourley, Vice President $ General Manager of WITB Radio
Station
g, John Morrison - Member of Beach Preservation and Restoration
Committee
4. The Council shall prepare and submit to the
Board of County Commissioners of Indian River County a plan
for tourist development. The plan shall set forth the
anticipated net tourist development tax revenue to be
derived by the County for the twenty-four (24) months
following the levy of the tax; the tax district in which the
tourist development tax is proposed, if such district is
other than the entire County; and a list, 1n the order of
priority, of the proposed uses of the tax revenue by
specific project or special use. -The plan shall include the
2
NOV 2 5 1986 BOOK 66
yi
Boos 66
approximate cost or expense allocation for each specific
project or special use.
5. The Tour-ist Development Council shall consider
only the following specific purposes or special uses:
_--- a. to acquire, construct, extend, enlarge,
remodel, repair, improve, maintain,
operate, or promote one (1) or more
publicly owned and operated convention
centers, sports stadiums, sports arenas,
coliseums, or auditoriums within the
County.
b. to promote and advertise tourism in the
State of Florida and nationally and
internationally.
C. to fund convention bureaus, tourist
bureaus, tourist information centers, and
news bureaus as County agencies or by
contract with the chambers of commerce or
similar associations in the County.
d. to finance beach improvement, maintenance,
renourishment, restoration, and erosion
control.
6. The plan for tourist development proposed by
the Tourist Development Council shall be completed and
submitted to the Board of County Commissioners for approval
no later than January 16, 1987.
7. In all matters the Tourist Development Council
shall be governed by compliance with Section 125.0104,
Florida Statutes, 1985, as amended by Chapter 86-4, Laws of
Florida.
The foregoing resolution was offered by
Commissioner _Eggert _ who moved its adoption. The
motion was seconded by Commissioner _ Bowman and, upon
being put to a vote, the vote was as follows:
KI
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RESOLUTION NO. 86- 102
Chairman Don C. Scurlock, Jr. Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Richard N. Bird Aye
Commissioner Margaret C. Bowman Aye
Commissioner Gary C. Wheeler' Aye
The Chairman thereupon declared Resolution No.
86-. 1.02 duly passed and adopted this 18th day of
November 1986,
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY,
FLORIDA
By G
on .scur oc r.
COUNTY FAIRGROUNDS
The Board reviewed the following memo dated 11/19/86:
TO: Board of County Commissioners
FROM: Charles P. Vitunac, County Attorney
DATE: November 19 1986
RE: AGENDA - BCC MEETING 11/25/86
FAIRGROUNDS
As a result of direction from the Board of County
Commissioners at the last Board of County Commissioners'
meeting, this office would like to suggest the following as
a possible resolution to all problems concerning the
firemen's annual fair held at Kiwanis-Hobart Park.
Mr. Wally Rich from the Department of Agriculture, Division
of Fairs and Expositions, has agreed with us if the County
sponsors a County fair, the State will permit the fair as
long as the County complies with the State rules and
regulations. In other words, the Indian River County Fair
Association, Inc. is not necessary for there to be a
State -approved fair in Indian River County. Therefore, I
would recommend that our office be authorized to take the
necessary steps to abolish the Fair Corporation.
Simultaneously with the abolition of the Fair Corporation,
the County Administrator has indicated that he will create a
53
BOOK 516
NOV 2 5 1986
BOOK 66
Division of Fairs and Expositions beneath the Department of
Recreation. It would become the responsibility, of this
County division to negotiate with the firemen for holding
the annual County fair. This written agreement could be for
a term of years such that the firemen could obtain financing
for any permanent construction which needs to be built at
the fairgrounds. The Division of Fairs and Expositions
would also be responsible for operating the fairgrounds
property during the remaining 50 weeks of the year.
We request direction from the Board to proceed in this
manner.
Commissioner Bird felt this makes a lot of sense.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously
authorized the County Attorney's office to take
the necessary steps to abolish the Fair Corporation.
DOUGLAS SCHOOL LEASE
The Board reviewed the following memo dated 11/19/86:
TO: The Board of County Commissioners
DATE: November 19, 1986
SUBJECT: las School Lease
FROM:wi
P. Wilson
ant County Attorney
Attached hereto is the original Lease prepared by this
office for the purpose of leasing the Douglas School to the
Wabasso Progressive Civic League, Inc. This Lease has been
prepared in the same basic form as other agreements between
the County and nonprofit service organizations.
.1 will be happy to answer any questions you may have about
this Lease at the November 25th meeting of the Board of
County Commissioners.
54
j 11/17/86(J3)LEMnm)
LEASE
This lease, entered into this 25th day of
November 1986, by and between Indian River County, a
political subdivision of the State of Florida, whose mailing
address is 1840 25th Street, Vero Beach, Florida 32960,
hereinafter referred to as "Lessor" and the Wabasso
J
Progressive Civic League, Inc., a corporation not for
profit, organized under the laws of the State of Florida,
whose mailing address is P. O. Box 786, Wabasso, Florida
32970, hereinafter referred to as "Lessee":
W I T N E S S E T H
1 In consideration of the sum of One Dollar
($1.00) per year and in consideration of the public benefit
and welfare which is enhanced by virtue of the Wabasso
Progressive Civic League's presence on the property, Lessor
does hereby lease unto Lessee the following described
premises, to wit:
The North 50.00 feet of the South
112.50 feet of the West 54.5 feet
of the East 62.00 feet of the
following described property:
From the Northeast corner of the
Northwest Quarter of the Northwest
Quarter run South 210 feet; thence
West 210 feet to the Point of
Beginning; thence West, 231 feet;
thence South, 780 feet; thence East
441 feet; thence North 360 feet;
thence West 210 feet; thence North
420 feet to the Point of Beginning.
Less the East 30 feet for road
right-of-way.
All of the above lying in Section
32, Township 31 South, Range 39
East, Indian River County, Florida,
commonly known as The Douglas
School Cafeteria.
To have and to hold unto the Lessee for a term of
twenty (20) years commencing on the date set forth above,
for the purpose of establishing an assembly hall, and
subject to the limitations and conditions as hereinafter set
forth. This lease shall terminate automatically if the
Lessee is dissolved and shall terminate upon sixty (60)
.: 6
1
BOOK 0 f'�GE
V 2 5 1986 BOOK FA )U1.
days' prior written notice to Lessee that the property is
needed for an overriding public purpose.
Z. The Lessee shall establish reasonable rules
and regulations for the use of the building by other civic
groups and members of the general public. Such rules and
regulations shall be subject to the approval of the Lessor.
3. The Lessee shall maintain the building,
fixtures and premises in a proper, fit and reasonable manner
at all times.
4. The Lessee shall have the right to operate and
allow concessions which are not unlawful or for immoral
purposes, and the Lessee shall not sell, serve or allow to
be consumed any beer, wine, liquor or other alcoholic
beverages on the premises.
5. The Lessee shall pay for all utilities
including but not limited to electricity, telephone, water
and gas, which they determine necessary to service the
premises.
6. The Lessee shall have the right to sublet the
building for purposes consistent with this lease. However,
the Lessee shall not discriminate between groups, classes or
individuals with Y r9 respect to an fees charges or
P
availability of the premises. Indian River County, its
agencies and departments shall be allowed to use the
facility without charge at such times and in such a manner
so as not to conflict with Lessee's schedule.
7. Lessee shall at all times 'maintain
comprehensive general liability insurance with limits of not
less than $100,000.00 per occurrence and $300,000.00
aggregate, naming the County as an additional insured and
providing the County with proof of same. In the event
Lessee contracts to construct improvements upon the premises
as described in paragraph 10 herein, all contractors shall
be licensed and insured as required by state and county law
01
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and such contractors shall provide proof of insurance to
County prior to commencing work on the premises.
8. Lessor shall have no responsibility whatsoever
.for any items of personal property brought onto the premises
by Lessee, its members, guests or invitees.
9. It shall be the duty of the Lessee to operate
the premises at all times for the convenience, benefit and
welfare of the public. Said operation shall always be
conducted in a clean, wholesome and proper manner, provided
further that the manner of operation of the building shall
always be subject to approval of the Lessor and that if any
time said premises are not operated in a manner entirely
satisfactory to the Lessor, or in the event the Lessee
otherwise defaults under this lease, then Lessor shall have
the right to notify the Lessee in writing of the default and
immediately terminate this lease.
10. No structure of any kind whatsoever shall be
built and the existing structure shall not be enlarged
without the express written approval of the County. Lessee
shall be permitted to remodel the building within twelve
(12) months of the date provided herein and shall perform
said work in compliance with all applicable state and local
laws including submittal of an application for site plan
approval and building permits, if necessary.
11. Lessee does hereby agree to indemnify and
save the County harmless from any and all claims, liability,
losses and causes of action which may arise out of this
lease agreement or the Lessee's activities in the demised
premises. The Lessee shall pay all claims and losses of any
nature whatsoever in connection therewith, and shall defend
all suits, at the County's request, in the name of the
County when applicable and pay all costs and judgments which
issue therefrom.
i.4
3
BOOK
NOV 2 5, 1936
11 :T
BOOK 6 6 FfAC,F 521
IN WITNESS WHEREOF, Indian River County and the
Wabasso Progressive Civic League, Inc. have caused this
agreement to be executed in their respective names.
Signed, sealed and delivered BOARD OF COUNTY COMMISSIONERS
in e presence of: OF INDIAN RIVER COUNTY,
a,11
FLORIDA
i ss By: c
Don C. Scurlock, Jr.�/
Ch a i rma n
Pit s —
As to Lessor
Attest:
Fredb Wrig t,
Clerk of C cui�t.�Court
�
'
"LESSOR"
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously
approved the lease for the Wabasso Progressive Civic
League, Inc. to lease the Douglas School, and
authorized the Chairman's signature.
AUTHORIZATION TO NEGOTIATE PURCHASE OF HOWELL-CHAPMAN PROPERTY
Assistant County Attorney recalled that the Board authorized
the condemnation process in order to acquire this piece of
beachfront property on north AIA because the owner refused to
sell. However, the owner has offered the property for sale for
$3.6 million, and the State will contribute at least $2.5
million, which is the amount of the appraisal for condemnation.
There are some questions concerning the appraisal with regard to
.the amount of beachfront footage. The State survey came up with
1380 ft. frontage, but the county's appraisal is for 1.460 ft. He
recommended that we submit an offer of $2.5 million as he has
58
reason to believe that the owner may be motivated to sell the
property in anticipation of the changing tax laws for 1987.
Commissioner Bird noted that if we reach an agreement for
more than the $2..5 million set aside by the State, we would have
to find a way to come up with the extra amount.
Chairman Scurlock understood that Mrs. Lowenstein has
offered to sell a piece of beachfront property for approximately
$1500 a lineal foot, which is a pretty good offer. He did not
know where we would come up with that money, but he felt that any
additional frontage we can acquire along that beach would be well
worth it, because they are not making any more of it.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Bowman, the Board authorized staff to
offer $2.5 million for the purchase of the Howell -
Chapman parcel.
LIBRARY COMMITTEE REPORT
Commissioner Eggert explained that before Commissioner Pat
Lyons retired, he commented that instead of hiring a coordinator,
he felt that we need a consultant to draw up a building program
for the libraries. She reported that the Public Library Advisory
Committee voted to recommend that a consultant be brought on
board.
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Bird, the Board unanimously authorized
Commissioner Eggert and Administrator Balczun to come
up with a request for a proposal and bring it back to
the Board.
TRI -COUNTY COUNCIL OF LOCAL GOVERNMENTS AGREEMENT
The Board reviewed the following memo dated 11/24/86:
NOV 2 5 1986 59 BOOK 66 F'j'i GE
.:C.
NOV 25 1 26
BOOK 6 Pi D;: 5'
TO: Commissioner Margaret C. Bowman
DATE: November 24, 1986
SUBJECT: Agreement to Establish Tri -County Council of Local
Gpoolernments
FROM: JaP. Wilson
istant County Attorney
I have reviewed the above -referenced document and find that
it is in proper legal order. Accordingly, I recommend that
the Board execute this document if it desires to continue as
part of the Tri -County Council of Local Governments.
If you have any questions or desire to make any amendments
to these documents, please contact me.
Commissioner Bowman felt that it would be a good idea for
Indian River County to remain in this group because it provides a
good exchange of information. Currently they are proposing to
bring pressure to bear on the Legislative Delegation for adequate
funding for the Public Defender's Office and also pushing hard
for another bridge down at Walton Road which could impact our
County if those people down there ever had to evacuate.
Chairman Scurlock did not object to the County remaining a
member of the Tri -County Council, but did not want to give them
any authorization to spend any money for administration.
Commissioner Eggert noted that Section 6 - Finance 6 Admin-
istration - gives them that right.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board instructed the Legal Dept.
to amend the agreement by deleting Section 6 and bring
it back to the Board for approval.
60
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There being no further business, on Motion duly made and
seconded, the Board adjourned at 12:00 o'clock noon.
ATTEST:
Clerk Chairman
61 f'6 594
NOV 2 5 1986 BOOK 1) ME