HomeMy WebLinkAbout7/7/1987Tuesday,.July 7, 1987
"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, July
7, 1987, 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; Joseph Baird, OMB
Director; and Barbara Bonnah, Deputy Clerk.
The Chairman called the meeting to order.
' Reverend Pete Hill of First Baptist Church gave the
invocation, and Commissioner Bird led the Pledge of Allegiance to
the Flag.
ADDITIONS TO THE,AGENDA/EMERGENCY ITEMS
Chairman Scurlock requested the addition of the following
additions and changes to today's Agenda:
1. As Item 6-N on the Consent Agenda, the acceptance of
Ben Bailey's resignation from the Planning 6 Zoning
Commission and the appointment of Pat Lyons as his
replacement, effective as of the next meeting.
2. Item 7-A - Approval of budget amendment to the
Clerk's budget - be moved to the Consent Agenda as Item
6-0.
3. Change Order #3 on SR -60 6 Kings Highway Road
Improvements.
Commissioner Eggert wished to add under her items a short
discussion regarding indigent health care and and a brief report
on a potential ALS grant.
L:�710�L
BOOKi;'
q a i
'JUL 71987 BOOK E'OU, 1,-4
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bowman, the Board unanimously added
the above items to today's Agenda.
REQUEST FOR 5TH_ COURTROOM CIRCUIT FROM CIRCUIT AND COUNTY JUDGES
AND BAR ASSOCIATION
The Board reviewed the following letters dated 2/25/87 and
7/2/87:
Awe ofgivr�
�Cuwt"Jai" a
February 25, 1987
Board of County Commissioners
1840 - 25th Street
Vero Beach, Florida 32960
Dear Madam and Gentlemen:
We urge you to immediately hire an architect and start construc-
tion of a new fifth courtroom on a priority basis so that it will
be completed as soon as possible.
There are five regular judges who work in our four existing court-
rooms on a regular basis and in addition we have the other visiting
judges, the grand jury, judicial referees and administrative hearings
that require use of a courtroom.
Yours truly,
Charles E. it Circus Judge
L.B. Vocelle, Circuit Judge
es B. Balsi r, County Judge
Daniel M. K lbri e, County Judge
State Attorney
By ��•.P G AA. -y_'
Public De n er
By
CL
Freda Wright, Cler of Court
K
Amb of a
CHARLES E. SMITH
CIRCUIT JUDGE
July 2, 1987
Board of County Commissioners
1840 25th Street
Vero Beach, Florida 32960
Madam and Gentlemen:
239 COUNTY COURTHOUSE
VERO BEACH. FLA- 32960
PHONE: (3051567-8000 EXT. 528
At this time we request time on your agenda of July 7, 1987 to
discuss the need for a fifth courtroom at the Indian River County
Courthouse. Please refer to my letter to your secretary of March
9, 1987 at which time we also requested to be put on the agenda,,
but were never placed on the agenda. (See also attachments to our
letter of March 9, 1987).
Yours truly,
Marl s S/it
Wheeler, as chairman of the 6 -member Courthouse
Feasibility Committee, reported that they are meeting this week
to discuss hiring a consultant to consider what our court
facility needs will be over a 30 -year period. He stated that
Judge Smith feels there is an immediate need for a 5th courtroom,
but pointed out that there is not immediate space. There is a
possibility, however, of moving the Public Defender's Office,
which is presently next to the 4th courtroom in the upstairs of
the annex, into the Sheriff's Office when that becomes available.
That would leave enough space upstairs for a smaller -type
courtroom, a hearing room, and a judge's office. Commissioner
Wheeler reported that the Committee is looking at another 5 years
before a new Courthouse is.built. His only concern is the amount
of money that would be spent on a temporary 5th courtroom, and
3
�..
BOOK 6 0" a , 6su
'JUL
7 1987 _
BOOF US lk�,A
A
felt there might be
a better way to use the existing courtroom
facilities.
Chairman Scurlock understood that the Committee is working
with Administrator Balczun to hire a consultant to design a
courthouse and justice complex somewhere in the downtown area.
Judge Smith spoke at great length about the difficulties
they are experiencing in scheduling the heavy case loads in both
the Circuit and County courts with only 4 courtrooms, and
strongly urged the Commission to proceed with the hiring of an
architect to design the 5th courtroom in the space next to the
existing 4th courtroom. He believed that if the new justice
complex is constructed in the downtown area, the two courtrooms
in the annex could be saved.
MOTION WAS MADE by Commissioner Eggert, SECONDED by
Commissioner Bowman, that the Board authorize staff
to advertise for a proposal for architectural services
to provide a 5th courtroom in the Courthouse annex.
In discussion, Commissioner Wheeler still wished to to see
what the consultant would say about the expense of building a
temporary 5th courtroom compared to construction of a permanent
facility when the justice complex is built, but Judge Smith felt
that the 4th and 5th courtrooms would be needed even after the
new complex is built.
Chairman Scurlock suggested that some kind of a time
constraint be added to the Motion, and Commissioner Wheeler
stressed that he would like to see the construction of the 5th
courtroom coordinated with the Sheriff's moving into his new
quarters in the Administration Building.
Sheriff Tim Dobeck said that they are still on schedule for
moving into their new quarters on October 1st, but he cautioned
that the move would not be completed for another 30 days, which
makes it November 1st.
4
z
Commissioners Eggert and Bowman agreed to add to
their Motion that the construction of the 5th courtroom
would be coordinated with the Sheriff's vacating of the
annex on November 1, 1987.
Administrator Balczun advised that staff could engage the
services of an architect (draft a request for proposal,
advertise, receive proposals, evaluate them, short list,
selection, and contract), within a 7 -week timeframe, which would
give the architect 3 months to design a 5th courtroom and
construction could start by November 1st.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was
voted on and carried unanimously.
Commissioner Bird inquired about the long-range financial
plans for renovating the Administration Building and constructing
the new courthouse, libraries, and health building. He felt we
must get a handle on what our 20 -year projection is for new
buildings in this county and the projected cost so that we can
determine what kind of annual debt service we can afford.
Chairman Scurlock advised that the financial consultant has
this matter scheduled, and recalled that during a capital
improvements financial workshop, the Finance Advisory Committee,
OMB Director Joe Baird, and the financial advisor indicated that
we might be looking at a full mill to service debt in the
immediate future.
Commissioner Bird was concerned because the County has been
experiencing some changing income from year to year.
Director Baird advised that a draft analysis of the
expansion needs and costs has been completed, and as soon as
Administrator Balczun reviews it, it will be brought to the
Board.
5 BOOK
VJUL 7.1987
Fr—
JUL
1987
BOOK
Commissioner Bird wanted to
see something concrete
with
regard to space priorities for the various county departments,
and Administrator Balczun advised that about a month ago staff
began a planning exercise in terms of long-range capital improve-
ments, and that should be done sometime in the next R months.
While nothing will be locked in concrete, we will at least have
some long-range plans to use as a guide. He emphasized that
whether we want to or not, we are going to be building for a very
long time just to meet demands.
Chairman Scurlock pointed out that now that the State
Legislature has addressed the requirements for primary and
indigent health care, we know more about what to build in the way
of a new health facility. Up until now, it didn't make much
sense to begin the construction of that building.
Commissioner Bird was glad to see that Administrator Balczun
has begun the long-range planning, but Administrator Balczun
admitted that the staff planning exercise is only in first gear
right now because staff is in the middle of preparing the annual
budget. Once that is finished, staff will resume the long-range
planning exercise.
Director Baird noted that each division head has to submit a
5 -year capital plan when he submits his budget.
Finance Director Ed Fry advised that it was the
understanding of County Clerk Freda Wright that the Board
committed the first floor space in the annex to the Clerk rather
than to the Public Defender. It is the Clerk's opinion that the
Public Defender could move his office out of the annex into other
office space that is available near the Courthouse.
Chairman Scurlock felt that the architect would be looking
at that when determining the best utilization of the space. It
may be that is what should happen or it may not.
Director Fry emphasized that the Clerk wishes to go on
record as again having requested that space on the first floor
and trying to find some other facilities for the Public Defender.
6
M
Commissioner Wheeler confirmed that there is office space
available in that general area that the Public Defender could
move into.
APPROVAL OF MINUTES
The Chairman asked if there were any corrections or
additions to the Minutes of the Special Meeting of June 3, 1987,
or the Regular Meetings of June 9 and June 16, 1987. There were
none.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the Minutes of the Special Meeting of 613/87 and the
Regular Meetings of 6/9/87 and 6116187, as written.
CONSENT AGENDA
Commissioner Eggert requested that Items A & F be removed
for discussion.
A. Approval of New Applications for a Permit to Carry_a
Concealed Firearm
The Board reviewed the following memos:
TO: Board of County Commissioners' DATE: June 12, 1987 FILE:
FROM: Charles P. Balczun
County Administrator
SUBJECT: PISTOL PERMITS - NEW
REFERENCES:
The following persons have applied through the Clerk's Office for new concealed
weapon permits:
Ray Elliott Rogers
Teena Michelle Dobo
Robert William Dobo
All requirements of the ordinance have been met and are in order.
7
BOOK
L 1907
01
JUL 7 1997
BOOK 6 8 PAGE 685
TO: Board of County Commissioners DATE: June 24, 1987 FILE:
SUBJECT: PISTOL PERMIT - NEW
FROM: Charles P. Balczun REFERENCES:
County Administrator
The following person has applied through the Clerk's Office for a new pistol
permit:
David A. DtMarco
All requirements of the ordinance have been met and are in order.
Commissioner Bird understood that part of the charges
against Mr. DiMarco in 1985 included the improper exhibition of a
dangerous weapon, and since Mr. DiMarco had not been notified to
attend this morning's meeting, he wished to table consideration
of approval of Mr. DiMarco's permit until next week's meeting.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously tabled
the approval of an application to carry a concealed
firearm for David A. DiMarco until next week's meeting,
and approved the applications of the following:
Ray Elliott Rogers
Teena Michelle Dobo
Robert William Dobo
The Commissioners requested staff to notify Mr. DiMarco of
next week's meeting.
8
L
B. Report
Received and placed on file in the Office of the Clerk:
Florida Dept. of Transportation, Division of
Planning & Programming, February , 1987
Tentative 5 -year Transportation Plan
July 1, 1987 -June 30, 1992
C. Approval of Out -of -County Travel
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously approved
out -of -county travel for Commissioner Wheeler, George
Gross, member of the Beach Preservation and Restoration
Committee, and appropriate staff to attend Florida
Shores & Beach Preservation Association Conference,
Amelia Island, Florida, on August 19-21, 1987.
D. Approval of Town of Orchid's Appointment of Alternate on the
f N
Transportation Planning Committee
The Board reviewed the following letter dated 1987:
jo-mm
One Deerfield Drive,
4ZBeach, Florida 32963
"YM. Lee E. Jobnaton, June 19, 1987
vita MAYoa. Randall Finch ;
TowM seat. Ruby L. Jobnst ta, r
Liz Foriani, Administrative Aide -
Board of County Commissioners
1840 25th Street
Vero Beach, F1. 32960
Dear Ms. Forlani:
In'Answer to your letter dated May 26ig1987% please be advised
that at a duly called meeting of the Towne`Councifoof the Town of
Orchid on June 3, 1987, David Randy Finch was appointed to serve
as the alternate member of the Transporta,t on Planning Committee.
Mayor Johnston will continue to serve as!'the committee member.
Mr. Finch's mail4clress is P.O{ Box 1058, Wabasso, Florida 32970.
Si rely,
9 BOOK.JUL`1.1987
JUL 7.3987 Boos S7
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the Town of Orchid's appointment of David Randy Finch
to serve as the alternate member on the Transportation
Planning Committee.
E. Update on Lattimore Code Enforcement Board Case #CEB-86-088
The Board reviewed the following memo dated 6129187:
TO: The Honorable Members DATE: June 29, 1987 FILE:
of the Board of
County Commissioners
DIVISION HEAD CONCURRENCE:
4�a,P 0. SUBJECT: UPDATE ON LATTIMORE
Robert M. Keatlg, A P CODE ENFORCEMENT BOARD
Planning & Deve opme t Director CASE NO. CEB-86-088
THROUGH: Michael K. Miller FWA
Chief Environmental Planning
FROM: Roland M. DeBlois -iki+►D REFERENCES: TM#87-564 -
Staff Environmental Planner LATTIMORE
DISK. CHEATH
It is requested that the data presented herein be given formai
consideration by the Board of County Commissioners at their
regular meeting on July 7, 1987.
DESCRIPTION & CONDITIONS:
On May 12, 1987, staff presented to the Board of County Com-
missioners a code enforcement case concerning an illegal mobile
home off Oslo Road. The case, pertaining to Mr. Lorenzo
Lattimore of 8th Court, S.W., was brought before the Commission
as requested by the County Code Enforcement Board, due to the
respondent's economic difficulties in meeting compliance.
Subsequently, the Board of County Commissioners' directive was
for the Code Enforcement Board to continue coordinating with
the Indian River County Housing Authority to provide assistance.
Further, it was requested that staff report back to the Com-
mission if the case was not resolved by June 22, 1987, a
tentative compliance date set by the Code Enforcement Board.
In that the matter is not yet resolved, this memorandum is
presented as an update of the status of the Lattimore code
enforcement case.
ALTERNATIVES & ANALYSIS:
The Indian River County Housing Authority has informed Code
Enforcement staff that Mr. Lattimore has been accepted and will
redeive assistance to relocate his family into the Victory Park
housing complex, being constructed in Gifford. Mr. Lattimore's
application for assistance is complete, with the exception of
birth certificate submittal. Staff was informed that Victory
Park is scheduled for completion in September.
10
At their regular meeting on June 22, 1987, the Code Enforcement
Board held a compliance hearing for the Lattimore case. After
hearing evidence, the Code Enforcement Board granted a
continuance to respondent Lattimore, to allow a compliance date
of September 25, 1987, by which time Victory Park is schedule
to be complete, and Mr. Lattimore will have the opportunity to
relocate his family.
RECOMMENDATIONS
Staff recommends that the Board of County Commissioners concur
with the Code Enforcement Board's Order Granting Extension of
June 22, 1987, allowing Lorenzo Lattimore until Sepember 25,
1987 to relocate to Victory Park and remove the illegal mobile -
home from 8th Court S.W. off Oslo Road.
ON MOTION by Commissioner Eggert, SECONDED by _
Commissioner Wheeler, the Board unanimously approved
staff's recommendation as set out in the above memo.
F. Request for Additional Planning/Architectural Services -
South County Regional Park at Oslo Road and 20th Avenue
The Board reviewed the following memo dated 6/24/87:
TO: Board of County Commissioners DATE: June 24, 1987 FILE:
THRU: Charles P. Balczun
County Administrator SUBJECT: REQUEST FOR ADDITIONAL PLANNING/
ARCHITECTURAL SERVICES - SOUTH
COUNTY REGIONAL PARK AT 'OSLO
ROAD AND 20th AVENUE
FROM: James W. Davis, P.E 7 ,j JON HORN UIST
„r REFERENCES: Q M • s • E . , To
Public Works Director JIM DAVIS DATED 6-2-87
f
DESCRIPTION AND CONDITIONS
After -the park consultant (Mayes, Sudderth, and Etheredge) completed the Master
Plan for South County Regional Park, the County Finance Advisory Committee,
Parks Committee, and Board of County Commissioners recommended that 80 acres
be acquired instead of the previously planned 40 acres. Staff concurs with
the need to purchase 80 acres.
Mayes, Sudderth, and Etheredge, Inc. has agreed to revise the Park Master Plan
on the expanded proposed 80 acre site for the contract hourly fees and a not -
to -exceed cost of $2,000.
ALTERNATIVES AND ANALYSIS
Staff recognizes the need to have the Master Plan expanded to utilize the 80
acre tract. Appraisals have been ordered to determine the fair market value
of the property. The alternatives are as follows:
�r)
,JUL 7.1987 , , BOOK ' o,,� �
71987 BOOK
Alternative No. 1 - authorize the consultant to expand the Master Plan to
utilize the 80 acre site at this time for a not -to -exceed cost of $2,000.
Alternative No. 2 - Delay the Master Plan expansion until the site is acquired.
RECOMMENDATION AND FUNDING
Staff recommends we delay the Master Plan Extension until the site is acquired.
Once the property is acquired, staff requests permission to authorize the re-
design.
Commissioner Eggert understood that the Utilities Department
has found out that their needs are a little different from what
they originally thought in terms of where the wells had to be
located, and asked Commissioner Bird if he was 100% sold on this
location for a park if it is only used as a park and not in
conjunction with utilities.
Commissioner Bird felt the location could stand on its own
as an excellent park site, but if Utilities can use it, that's
fine.
Public Works Director Jim Davis advised that the appraisal
they received last week only covers a 40 -acre parcel since it was
ordered prior to the Finance Advisory Committee's recommendation
of an 80 -acre site. He felt the additional 40 acres would have a
great impact on the appraisal due to the commercial zoning on
that corner.
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Bird, the Board unanimously approved
staff's request as set out in the above memo, and
authorized staff to expand the appraisal to cover
80 -acres.
G. Change Order #7 - Indian River Boulevard South Extension
The Board reviewed the following memo dated 6119187:
12
TO: The Honorable Numbers of the DATE: June 19, 1987 FILE:
Board of County Commissioners
THROUGH:
Charles P. Balczun,
County Administrator SUBJECT:
Change Order #7 -
Indian River Boulevard
South Extension
FROM: REFERENCES:
James W. Davis, P.E.
Public Works Directo,
4
DESCRIPTION AND CONDITIONS
Due to a revision in the scope of work along US Highway 1 at 4th Street and
raising the road grade along 8th Street, Change Order #7 has been prepared
reducing the Contract amount by $3,586.80 resulting in a Contract amount of
$4,042,646.56. The Contract time is being extended by 21 days due to a
County initiated delay.
RECOMMENDATION AND FUNDIM
It is recommended that Change Order #7 be approved.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously
approved Change Order #7 on the Southerly Extension
of Indian River Boulevard, which reduces the contract
amount by $3,586.80, as recommended by Public Works
Director Jim Davis.
,JUL.1 13 BOOK 68
JUL 1,987 aoGK Gr:�
No... ..7...
CHANGE ORDER
Dated
8409, , , - .... ENGINEER'S Project No.
4395.03.............
OWNER'S Project No.... .
12th Street Traffic 6 Pedestrian ImPgy.Exte sion
with Indian• River, 8opleypFd, . S9vtbell.Est
Project .. -
. D2 cke4?t.>il4lldq. XAc,•.......................................
CONTRACTOR
.. tract Dau .July .2..1986 :........... .
.)(oad,Con$fru4�q�... ...... Con ....
Contract For .
Post Office Box 719--.StuaT't: Florida „ •_,,,......-
33495
Dickerson Florida: Inc:.....
••••CONTRACTOR _
You are directed to make the changes noted below in the subject Contred
Indian River County ............
The completion date, contract price and OR'NtiR
all other terms, covenants and conditions `
Of.the above referenced contract,
as duly modified by this. -and previous BY ••-• /��• G.
Change Orders, if any, remain in full ••-•- `/ 7..
effect. A,�e %��j % . ,19.. 7• /• • -
force and Dated ..••••t.•• .
Nature of Changes: e•, reduce certain quantities based on an area of work done
1. Reduce the Scope ofNo. 1, Work, i• north of 4th Street
by others:on HighwayU.S.
2. Modify the profile grade on 8th Street at 6th Avenue and extend the contract time o
completion by twenty-one (21) days. a Order No. 2
3. Adjust the contract amount to relta� U.Smanual change
4thStreetto conflict with tree
4. Modify endwalls and connecting pipes
Enclosures:
See Attachment
These changes result in the following adjustment of Contract Price and Contract Tune: S 3, 973, 809: 36 , , , , ...
721424:0......,....
Original Contract Price 5 ••j1*p4g 2jj.j6 ......
1 thru S ...j:'3,5B6.80)•,...
Change Order � Subtotal -•
• � :0�2,646.5G
This Change Order No. 7 ....
Adjusted Contract Price
- - atarzing.August.l,.1996......
..............
Contract Time Prior to This Change Order ...47-1.days,• (Days of Date)
21 days .........................
g g (Days)
Net (Increase) (Decrease) Resultin from This Chan a Or er . .
492days•starting•August 1, 1986 ...............
Current Contract Time Including This Change Order ....... (p,ys w Date)
Kimley_Horn and Associates., Inc.-......
The Above Changes Are Approved: ..... ENGINEER
• • ' . Date ... ��/�'� ...� ...... ,19.�
Dicke on Florida,• Inc ...............
The Above Changes Are Accepted: • . • CON ACTOR • .
By, %�j...............
Dat .�C��l .l. 7 ..........
14
H. IRC Bid i#348, Marking Applicator for Traffic Engineering
The Board reviewed the following memo dated 6/25/87:
.TO: Board of County Commissioners DATE: June 25, 1987 FILE:
THRU: Joseph A. BairdSUBJ ECT: IRC BID #348 -Thermoplastic
Director, Budgete0ce-__
Pavement Marking Applicator for
Traffic Engineering
FROM: 4REFERENCES:
Caroly oodrich, Manager
Purchasing Department
Recommendation
The only bid was submitted by Pave -Mark Corporation, Atlanta, Ga.,
in the amount of $10,335.00, the bid meets specifications.
Staff recommends IRC #348 be awarded to the only bidder, Pave -Mark
in the amount of $10,335.00, per the attached memo from Michael Orr.
Intended Use of Capital Equipment
The thermoplastic pavement marking applicator will be used to apply
pavement markings. The process last longer than paint markings.
Source of Funds
$12,500.00 for the Purchase of a thermoplastic pavement marking .
applicator was approved for FY86/87 in the Traffic Engineering budget.
Bid Data
IRC #348 was advertised on May 18, 19, 26 and 27, 1987. Bids were
received Wednesday, June 17, 1987 at 2 P.M. 5 Bids were sent out, 1
Bid was received.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously awarded
Bid f348 in the amount of $10,335 to the only bidder,
Pave -Mark Corporation for a thermoplastic pavement
marking applicator, as recommended by Purchasing
Manager Goodrich.
JUL 7 .49Q7 15
BOOK °,iJ
JUL 71987
I. Surplus Property
BOOK,.
The Board reviewed the following memo dated 6/23/87:
TO: Board of County Commissioners DATE: June 23, 1987 FILE: .
THRU: Joseph A. Baird
Director, Budget Office
SUBJECT: surplus property
FROM: REFERENCES:
Carol Goodrich, Manager
Purcha ing Department
There are several vehicles that have been replaced, per the attached list,'
that must be declared as surplus property by the Board of County Commissioners
so that it can be sold.
The funds derived from the sale of these vehicles will be used to purchase 2
new automobiles.
Staff recommends the Board declare the property as surplus, so it can be
advertised and sold to the best bidder.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously declared
the properties listed below as surplus property, and
authorized staff to advertise for sale to the best
bidder, as recommended by Purchasing Manager Goodrich.
16
Veh.
# Description
Department
Cost New
:Asset #
172
1981 Datsun Pickup
Road & Bridge
4370.00
3715
18
1978 Dodge Aspen
Bldg. Dept.
5580.00
7055
41
1974 Ford Dump Truck
road & Bridge
7184.00
1686
26
1972 MF Tractor
Road & Bridge
3398.00
1700
52
1972 MF Tractor
Road & Bridge
3398.00
1699
49
1977 MF Tractor
Road 6 Bridge
6400.00
2884
113
1977 MF Tractor
Road & Bridge
7730.00
2923
33
1971 Ford Pickup
Road 6 Bridge
2520.00
1670
167
1981 Datsun Pickup
Road & Bridge
5400.00
3753
72
1977 Mercury Cougar
Fleet Mgmt.
5400.00
2914
255
1978 Dodge Aspen
Bldg. & Grounds 5650.69
3145
256.
1978 Dodge Aspen
Fleet Mgmt.
4370.00
3144
247
1984 Chev. Citation
Bldg. Dept.
8192..34
4942
250
1984 Chev. Citation
Bldg. Dept.
8192.34
4944
141
1979 Chev. Station Wagon
Finance
8064.64
3298
109
1977 Int'l. Refuse Truck
Landfill
24738.00
2901
170.
19.80 Chev. Chevette
Utilities
5492,28
3707
108
1977 Ford Maverick
Utilities
4295.02
2897
J. Change Order #3 - Kings
Highway & SR -60 Intersection
Improvements
The Board reviewed the
following memo dated
6130187:
TO:
THE HONORABLE MEMBERS OF
DATE: June 30, 1987 FILE:
THE BOARD OF COUNTY COMMISSIONERS
THROUGH:
Charles P. Balczun
County Administrator
SUBJECT: Change
order #2
Ring's
Highway & Route
60
Intersection Improvements
FROM: Ralph N. Brescia, P.E.
REFERENCES:
County Engineer
DESCRIPTION AND CONDITIONS
_--
The above contract
requires the modification
of a
drainage
structure at the southeast
corner of Kings Highway and Route
60. This
item was not included in the
bid documents but
is necessary
for proper
drainage at the intersection.
AL `1.19$7
17 BOOK
BOOK
J
RECOMMENDATION AND FUNDING
Staff recommends that the structure be modified as per the
contractor's request (attached) at a cost of $1,260.00.
The funding for this change order should be taken from 109-142-541.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously approved
Change Order #2 for Kings Highway 6 SR -60 Intersection
Improvements in the amount of $1260 to modify the
existing inlet to a Gutter Inlet Type V (Modified), as
recommended by County Engineer Brescia.
CHANGE tli.ttthtlntln it,:
ORDER oWNLR
( I
ARCH111:0
AIA 00CUMENT 0701 CONTRAC.10K
U
FIELD
Ll
ollILR
U
PROIECT: King's Highway (58th Ave.) at
CFfAN(;E (lRl)LR NUMBER: Two (2)
(name. address) S.R. 60 Road Wiuening
INITIAII()N DATE: 6/23/87
TO (Contractor): '
r�
1 Dic:M Inc.
ARCHIrECT'S PROJECT NO. 8430
son Florida,
P.U. Drawer 719
CONTRACT FOR: Road Widening
Stuart, Florida 33495
'
J
CONTRACT DATE:- December 16, 1986
Vuu are directed to make the following changes In this Contrail:
Bid Item #425-8 ,
Modify the existion inlet to a Clutter Inlet Type V (Modified)
1 each @ 1260.00
Not valid unuLsrgned by loth the Owner and Architect.
Signature nl the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum of Conuacl Trine.
The original (Contract Sum) (0Q51R0b0dd6Wd00ff06M was ............................ 6 392,457.80
f
Net change by previously authorized Change Orders...................................900.00 y
The (Contract Sum) 1 prior to this Change Order was .......... f 393,357.80
The (Contract Sum) 1 I I mmmmckoftwill be (increased) (decreased) (unchanged)
by this Change Order .................................... i 1260.00
The new (Contract Sum$ ( ncluding this Change Coder will be ... S 394, 617.80 '
TLe Contract Time will be 1' (unchanged) by l l D+ys.
The Date of Substantial Completion as of the date of this Change Order therefore is
saAuthorized-
Indian
uthoriz d: i
Indian River County 0jCJMra^••—e•••4Aa r TAC 7yn(yd�iRan Rb r Cousi�q_
A `yylTt('T CONTRA( I(1R tt1S40 25th Strut
540 25 h Stmt - n__n_ rws.....- 714 - -
Add AddMt
Addrnt t Florida 33495A—Vero Beach, , da ? n
u 2 _ hr---�►y c
Ralph N. Brescia, P.E. 11�J�-tert
nADo�t C.?Jr. �s
OAT[ �s Q
AIA OOCUMtNT 0741 • CHAtr(d (MUtR • AM It IY7e 101110M • AIAW • 19•a
lett AMttKAN Irr5111UTti OF ARCNIIcors. 171s tV1w 1 Utz AVi.. H.W.. W^VtI14t.lUFr, UA - wa. GM — "M
-it
i
K. Releases of Assessment Liens - Paving and Drainage - Indian
River Heights
The Board reviewed the following memo dated 7/1187:
TO: The Board of County Commissioners
DATE: July.1, 1987
SUBJECT: Releases of Assessment Lien
1. Lillian M. Duffey
Lot 5, Block A, Indian River Heights
1982 assessment for paving and drainage
Improvements of 16th Avenue between 1st
Street SW and 2nd Street
2. Lillian M. Duffey
Lot 5, Block A, Indian River Heights
1983 assessment for paving and drainage
Improvements on 1st Place between 15th
Avenue and 20th Avenue
FROM: Bruce Barkett
Assistant Coun y Attorney
There are pending assessment liens for paving and drainage
improvements on the above -referenced property which the Tax
Collector's rolls indicate have been paid; however no
releases have been provided. Therefore, please approve the
attached Releases of Assessment Lien so that the encumbrance
on the property can be removed.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously
approved the Releases of Assessment Liens to
Lillian M. Duffey for paving and drainage on Lots 5
and 6, Block A, Indian River Heights, as recommended
by Assistant County Attorney Bruce Barkett.
RELEASE OF ASSESSMENT LIENS ARE ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
L. Filing of Lien to Secure Payment for Removal of Nuisance
Structure; Lgreement to Pay_Cost of Removal
The Board reviewed the following memo dated 6119/87:
19 BOOK
JUL 7.1987
JUL 7.1997
Bou 68 F, a 6,97
TO: The Board of County Commissioners
DATE: June 19, 1987
SUBJECT:
Filing of Lien to Secure Payment for Removal of
Nuisance Structure; Agreement to Pay Cost of
Removal
FROM: Bruce Barkett"I
Assistant County Attorney
On January 27, 1987 the Board of County Commissioners deemed
the building located on Lot 19, Block 3, Smith Plaza
Subdivision unsafe for human occupancy and ordered it
demolished. The owner of the building, Katherine Clark,
4345 30th Avenue, Vero Beach, Florida, was notified several
times prior to demolition of the building (see, example,
Attachment No. 1).
The actual charges for the demolition of the building are
$2,956.26 (Attachment No. 2). Pursuant to Indian River
County Code of Laws and Ordinances, Chapter 4, Article 11,
Sections 4-16 through 4-24, after removal of the building by
the County, the Board of County Commissioners is required to
cause a lien for the costs of removal to be filed against
the owner of the building.
Ms. Clark has indicated that she would like to pay off the
lien in installments. An agreement authorizing payment of
the principal amount with interest over a period of four
years has been drafted for approval by the Board.
It is recommended that the Board of County Commissioners:
1. Authorize the Chairman to sign the lien for costs
incurred by the Board of County Commissioners of Indian
River County to remove a nuisance structure from the
property located within Indian River County and described as
Lot 19, Block 3, Smith Plaza Subdivision, as recorded in
Plat Book 1, Page 18, Public Records of Indian River County;
2. Authorize acceptance of an agreement and payment
schedule to pay off said lien by Katherine Clark; and
3. Authorize recording of the necessary documents in the
public records.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously approved
staff's recommendation as set out above in regard to
the building located on Lot 29, Block 3, Smith Plaza
Subdivision.
20
- 6/87(J5)LEGAL(=
LIEN
THIS LIEN, filed the 7th day of July
1987 by INDIAN RIVER COUNTY, a political subdivision of the
State of Florida, pursuant to the authority of Indian River
County Code of Laws and Ordinances, Chapter 4, Article 11,
Sections 4-16 through 4-24, for cost incurred by the Board
of County Commissioners of Indian River County, Florida, to
remove a nuisance structure from property located within
Indian River County, and described as follows:
Lot 19, Block 3, Smith Plaza
Subdivision, as recorded in Plat Book 1,
Page 18, Public Records of Indian River
County, Florida.
The name of the record owner of the above-described property
is:
KATHERINE M. CLARK
THIS LIEN is filed to secure the payment of
Two Thousand Nine Hundred Fifty -Six and 26/100 Dollars
($2,956.26), against the owner by the undersigned, for the
cost of demolition and removal against the real property.
THIS LIEN shall, from the date of filing, accrue
interest at the rate of twelve percent (12%) per annum,
until the total amount, including interest, has been paid.
BOARD OF COUNTY COMMISSIONERS
By
Don C. Scurlock Jr.
Chairman
ATTEST:
� 2.�..
Breda rigfiit
Clerk of CiXcui Cou
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Before me personally appeared DON C. SCURLOCK,
JR., as Chairman of the Board of County Commissioners, and
FREDA WRIGHT, as Clerk of Circuit Court, to me well known
and known to me to be the persons described in and who
executed the foregoing instrument and they acknowledged
before me they executed same.
WITNESS my hand and official seal this _'-� day of
�1..s1 . 1987.
My Commission Expires:;
NOTARY PUBLIC STATE OF FLORIDA
MY COMMISSION EXP. JULY 8,1990
-OORDLD'TifRO'Ci'hTRA�1A�'[fRD- i �-
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
Bruce -Ba r et t
Assistant County Attorney
UL 1' 1981
�XXFAV,7517.'*�T_ WF?
BOOK 6 `'Ai"
►QUI. 7 1997
BOOK 631
M. Release of County Utility Liens - SR -60 Sewer Project
The Board reviewed the following memo dated 6/29/87:
TO: Board of County Commissioners
FROM: Charles P. Vitunac, County Attorney
DATE: June 29, 1987
RE: CONSENT AGENDA - BCC MEETING. 7/7/87
ROUTINE RELEASE OF COUNTY UTILITY LIENS
This office has processed the following matters and requests
permission for the Chairman to execute the standard release
forms:
(1) Satisfaction of Lien - Map 14
State Road 60 Sewers/Release 45 ERUs
Paid by PLANNED DEVELOPMENT CORP.
(2) Partial Release of Lien - Map 41
State Road 60 Sewers/Release 1 ERU
Paid by REALCOR OF VERO BEACH
Unit 266 of COUNTRYSIDE SOUTH
The back-up information for the above releases is on file in
the County Attorney's Office.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously released
the following liens:
(1) Satisfaction of Lien - Map 14
SR -60 Sewers/Release of 45 ERUs
Paid by Planned Development Corp.
(2) Partial Release of Lien - Map 41
SR -60 Sewers/Release of 1 ERU
Paid by Realcor of Vero Beach
Unit 266 of Countryside South
RELEASES OF ASSESSMENT LIENS ARE ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
N. Resignation of Ben Bailey III from the Planning 6 Zoning
Commission and Appointment of Patrick Lyons as Replacement
The Board reviewed the following memo letter dated 6/24/87:
21
June 24, 1987
Mr. Don C. Scurlock
Chairman of the Board of County Commissioners
Indian River County
1840 25th Street
Vero Beach, Florida 32960
Dear Doug,
In accordance with our telephone conversation, I
regret I must resign my seat on the Planning and
Zoning Commission because of added personal and
business responsibilities. I appreciate your
confidence and the opportunity to serve Indian
River County, but my Father's recent illness
places me in an untenable situation.
I have enjoyed working with my fellow commissioners
and the staff. It seems to me that they do an ex-
cellent job and one that the County can be proud of.
With kindest personal regards, I remain
Sincerely,
,l
Ben Bailey III
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously accepted
Ben Bailey's resignation from the P 6 Z Commission,
and appointed Patrick Lyons to serve as his
replacement, effective at the next meeting.
O. Budget Amendment - Clerk's Budget
The Board reviewed the following memo dated 6/18/87:
22 aook 700
L_ QUL 7 1987
L 7.1997 Boa 68
TO: The Honorable Members of DATE: June 18, 1987 FILE:
the Board of County Commissioners
PV
FROM: Ed Fry
Finance Director
SUBJECT:
Budget Amendment to Clerk's
Budget
REFERENCES:
During the budget workshop held in July, 1986, the Clerk agreed to
purchase some computer equipment by using lease purchase agreements.
Please consider the following budget amendment to the Clerk's
Operating Fund:
Increase
010-000-389-012.00 Other Financing Sources $26,600
010-301-513-066.41 Capital Outlay -Equipment 26,600
The above amendment is necessary to accomodate the recording of the
lease purchase agreements as required by Generally Accepted Accounting
Principles.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the above budget amendment, as recommended by Finance
Director Fry.
APPROVAL OF APPLICATION FOR PISTOL PERMIT - NEW
The Board reviewed the following memo dated 6/12/87:
23
rQ: Board of County Commissioners
FROM: Charles P. Balczun
County Administrator
DATE: June 12, 1987 FILE:
SUBJECT: Pistol Permit - New
REFERENCES:
The following named person has applied through the Clerk's Office for a new
concealed weapon permit:
Marion Nathaniel Hargett
Due to discrepancies concerning his arrest record, I have advised Mr. Hargett,
per the attached correspondence, his request for a concealed weapon permit may
be denied by the Board of County Commissioners. He has been advised to be pre-
sent for the meeting of July 7th if he has additional information he may wish
to present.
Commissioner Wheeler asked Mr. Hargett to explain the
discrepancy in the information on his application for a permit to
carry a concealed weapon.
Mr. Hargett explained that he failed to include that he had
been arrested for spearing crayfish out of season.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Eggert, the Board unanimously approved
the application for a permit to carry a concealed
firearm for Marion Nathaniel Hargett.
PUBLIC HEARING — RESOLUTION PROVIDING FOR PAVING OF FLORIDA RIDGE
SUBDIVISION
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:
_ , L � 198 z 4 aooK
V�
JUL ? 1997 BOOK 68 Evkr, 703
The Soumeast one{quIld- of Southeast
one-quarter and' all that part of the
Southeast orqua Of Southeast
RgAw stNtlest
lway,
Section 31, Township 33 South,
Range 40. East, Indian River County.
Florida. -
.Beginning at point on South One of North
one-half of North one -halt of Northeast
one-quarter and intersecting with West
right-of-way ane of Turnpike Feeder
Road, thence northly.along right-of-way
150 feet, thence West 150 feet, thence
North 150 feet, thence East 200 feet to
West right-of-way Turnpike Feeder Road,
thence northly on right-of-way to Point of
Intersection of Turnpike Feeder Road
and Wed -right-of-way US 1, thence con-
tinue northeastly on right-of-way 309.28
feet to point on Intersection of West
right-of-way US 1 and North Section tine,
thence West 720 feet, thence South 665
feK Inning and beginning at Northwest
oce East 4 nnPoint
comer' of Northwest one-quarter of
Northeast one-quarter, thence nm South
to South One of North one-half of North-
west one-quarter of Northeast onaquar-
ter, thence East along said South Ilrro to
a point 400 feet West of Wastr hig t-0f-
wey of Tu Ike Feeder Road
North 665.8 feet to North Seetlan Lbhs.
thence West. to Point of l9egInning. leas
East 200 feet of West 235 feet of South
132 feel of North 167 feet and less Wes!
505 feet of South 493 feet Being situate
In St Lucie County, Florida.
East 100 feet of West 235 feet of South
132 feet of North 167 feet of Northwest
one-quarter of Northwest rape -quarter of
Northeast one-quarter as recorded In
•: Orlglnal Record Book 488 Page 2848 of
the Public Records of SL Lucie County.
Florida.
South 321 feet of North 167 feet of East
100 feet of West 135 feet of Northwest
ane -quarter of Northwest one-quarter of
Northeast one-quarter. AO being situated
M St Luce County. Florida
NOW THEREFORE, BE IT RESOLVED
'BY THE BOARD OF COUNTY COMMIS-
SIONERS, OF INDIAN RIVER COUNTY.
FLORIDA. as follows:
1. The foregoing recltab are afnrnsd
and ratified In their entirety.
w. c
a��
.' hitNUIClIOTICE .-
V E RO BEACH PRESS -JOURNAL 4
PLEASE TAKE NOTI� mat the Board of County
a AM F
drainage
RIDGE SUBDIVISION. hjeect Notlfl538.
Public Works Prof
t wipni olid a publb #fig $county.
day. July 7. 1987 in the Commisalon Chambers
- Published Weekly
located at 1840125th Street, Vero Beach. Fwriu.
-to consider adoption of tie led0wfng Pry
Vero Beach, Indian River County, Florida
t
RESOLUTIONNO 87 ,
A RESOLUTION OF THE BOARD OF
COUNTY COMMISSiONERS OF INDIANA
qutton was offered
The foregoln9 who moved Oe
by Commlalwar,
RIVER COUNTY. FLORIDA. PROVIDING i -dc.
CERTAIN PAVING AND DRAINAGE • ;,
COUNTY OF INDIAN RIVER:
STATE OF FLORIDA
•'`.FOR
;� IMPROVEMENTS TO FLORIDA FUDGE ; ri
e<,, ' SUBDIVISION; PROVIDING THE TOTAL••
Before the undersigned authority personally appeared J. Schumann, Jr. who on oath
Press -Journal, a weekly newspaper published
,; --.ESTIMATED COST. METHOD OF
";` ANNUAL ANDBER
says that he is Business Manager of the Vero Beach
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
INSTALLMENTS.
i #DESCRIPTION OF THE
1 CIALLY BENEFITED 1'', > h
Commissioner Carolyn K. E
Commissioner Richard N. Bird
t
i
/ -s„/
S; the County Public Works DepaR-
Ment has received Public Improvement petldWWI:
a
-
signed by mare then one-half of the owners Of,
for FLORIDA RIDGE SUBDIVISION; to:
f
property
bee specially benefited. requesting PavingN.
in the matter of
idralnage improvements; and :~."";++?>
. • WHEREAS. the Petitions have been verified
j AND LEGAL SUFFICIENCY ; sii�� %&
BY -s Sharon Phillips Sunman -
end meet the requirements of Section 11-23, W
I !
•dlari River. County Code of Laws and Ordi=
I
nances: and coat estimates have beers, coal -
plated byy the Public Works Division; and
WHEFEAS, the total estimated cost of the pro-
in the I Court, was pub-
pps� Improvements Is THREE HUNDRED
EIGHT THOUSAND, TWO HUNDRED FIFTY
'
i
DOLLARS (5308,260.0 and - . . - -
the 8phi1 assessments provided
I
WHEREAS,
hereunder shall, for any given record owner of
lished in said newspaper in the issues of ' F
property within the area specially benetned. be ;
equal to that Proportion of severity- !
In an amount
five Percent (7596) of the total cost of the project
the potential number of buildable lots which are
(owned .by the given owners) in relation to the
specially
total number of parcels within the area
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
has heretofore
benefited; qts --'-.-1assessment ,shall , the -
Vero Beach, in said Indian River County, and that ,the said newspaper
been continuously published in said Indian River County, Florida, weekly and has been entered
come due and Payable at the Office of the Tax
CoOector of Indian River County ninety (90) days
as second class mail matter at the post office in Vero Bea,:h, in said Indian River County, Florida
for of one year next preceeding the first publication of the attached copy of adver-
ager the final determination of the special as -
seasmtyent pursuant to Section 1134, Indian River
and
a period
tisement; and affiant further says that he has neither paid nor promised any person, firm or
refund for the purpose of securing this adver-
County
HEREEAASS of Ind County shallnPPay the
twenty -flue Percent (2596) of the total
corporation any discount, rebate, commission or
tisement for publication in the said newspaper.
remaining
cost of the proles and
WHEREAS, arty special assessment not paid
2;2 A.D.�+'!l_
within said ninety, (90) day period shall bear In -
serest beyond the due date at a rate established
Sworn to and subscribed bet a me is Iday of
s
by the Board of County Commrssionera at the
assesloflsment
the ol(
and shallbe-payabon le In woequaleii
menta, the first to be made twehre (12) months
JL^` `, r � � (Rusin L'l. Hager}
Mren touru 2) monthhs fand frroem thedue date and
of the nature
(/GO
WHEREAS. atter examination
and anticipated usage of the proposed Improve-
menta, the Board of County Commissioners had
determined that the following described Proper -
1— Al— and special benefit
The Soumeast one{quIld- of Southeast
one-quarter and' all that part of the
Southeast orqua Of Southeast
RgAw stNtlest
lway,
Section 31, Township 33 South,
Range 40. East, Indian River County.
Florida. -
.Beginning at point on South One of North
one-half of North one -halt of Northeast
one-quarter and intersecting with West
right-of-way ane of Turnpike Feeder
Road, thence northly.along right-of-way
150 feet, thence West 150 feet, thence
North 150 feet, thence East 200 feet to
West right-of-way Turnpike Feeder Road,
thence northly on right-of-way to Point of
Intersection of Turnpike Feeder Road
and Wed -right-of-way US 1, thence con-
tinue northeastly on right-of-way 309.28
feet to point on Intersection of West
right-of-way US 1 and North Section tine,
thence West 720 feet, thence South 665
feK Inning and beginning at Northwest
oce East 4 nnPoint
comer' of Northwest one-quarter of
Northeast one-quarter, thence nm South
to South One of North one-half of North-
west one-quarter of Northeast onaquar-
ter, thence East along said South Ilrro to
a point 400 feet West of Wastr hig t-0f-
wey of Tu Ike Feeder Road
North 665.8 feet to North Seetlan Lbhs.
thence West. to Point of l9egInning. leas
East 200 feet of West 235 feet of South
132 feel of North 167 feet and less Wes!
505 feet of South 493 feet Being situate
In St Lucie County, Florida.
East 100 feet of West 235 feet of South
132 feet of North 167 feet of Northwest
one-quarter of Northwest rape -quarter of
Northeast one-quarter as recorded In
•: Orlglnal Record Book 488 Page 2848 of
the Public Records of SL Lucie County.
Florida.
South 321 feet of North 167 feet of East
100 feet of West 135 feet of Northwest
ane -quarter of Northwest one-quarter of
Northeast one-quarter. AO being situated
M St Luce County. Florida
NOW THEREFORE, BE IT RESOLVED
'BY THE BOARD OF COUNTY COMMIS-
SIONERS, OF INDIAN RIVER COUNTY.
FLORIDA. as follows:
1. The foregoing recltab are afnrnsd
and ratified In their entirety.
w. c
hes shell rocs a
from these improvements, to wit
2. A Proleet Providing for Paving and
Improvements to FLORIDA
drainage
RIDGE SUBDIVISION. hjeect Notlfl538.
Public Works Prof
noted as
is hereby approveddb%�a�� tend,
mimed above a3
River
PLEASE TAKE FURTHER NOTICE that
at the same public headnj the . �f
�ha9
quirements of Section 11.34. Indian r
County Code of Lawa end Ordinance• I
County Commisslonam
t
all interested �e improvements erede-
scrlbed in the above resolution. The Pre-
Assessment Roll and Patton Is
qutton was offered
The foregoln9 who moved Oe
by Commlalwar,
Ilminary
cu rrently on file with the Public Works '
is open for Inspection be -
adoption. The motion was seconded by
Division .and
twee^ the hours of 8:30 AM and 5:00 M.
Commissioner and, upon being
put to a vote, the vote was as follows:
'
Monday through Friday.
if a person decides to appeal any deci-
Chairman Don C. Scurlock. Jr. I
Vice -Chairman Margaret C. Bowman .. ,,,,
sion made by the Comrh"On with re'
Sit to any matter considered at this
Commissioner Carolyn K. E
Commissioner Richard N. Bird
hearing. he will need a record of the Pro -
that. for such purpose, he
Commissioner Gary C. Wheeler
The Chairman thereupon
(readings. and fn
�y � to ensure that a i ode.
of the Proceedings
resolution duly passed and adopted this
r�oro
record includes the testimony and
day 01 _.1987. :.
which
evidenceupon which the appeal Is to be
ATTEST:
BY: FREDA WRIGHT, Clerk -: a ` , ;ar :: ;
APPROVED AS TO FORM .:: .
=i:!?+ :
Indian River County
Charity P. ozun
j AND LEGAL SUFFICIENCY ; sii�� %&
BY -s Sharon Phillips Sunman -
malao
Administrator
June 22.1987
j County- ttony:.8 Oifice .ulcclnnmcas. .
BY ION C. SCURLOCK. JR ' ;
Chairman .'...;;l.`.'... �ti, . A,s
APPROVED BY* Vii:
,,Ralph N. Broods, P.E.
County Engineer. .%1
25
The Board reviewed the following memo dated 613/87:
TOTHE HONORABLE MEMBERS OF D/t�TE; June 3, 1987 FELE:
THE BOARD OF COUNTY COMMISSIOI�IERS --
THROUGH:
Charles P. Balczun
Coun A ini ator Public Hearing to consider
SUBJECT: resolution providing for the
1ph N. Brescia, P.E. paving Florida Ridge S/D
County Engineer
Aa. 0"7
Michelle A. Terry
FROM: civil Engineer REFERENCES:
A petition with signatures from 53% of the property owners was
received for the paving and drainage improvements for the following:
Florida Ridge Subdivision
Total L.F. Total # Parcels
Total Cost
Cost to Cost to
Prop. -Owner County
10,275 222 $308,250.00 $231,188.58 $77,060.64
A Preliminary assessment roll has been prepared for the paving and
drainage improvements. The total cost of this project is approximately
$308,250.00. There is approximately $112,276.91 as of June 19, 1987 in
the FY86-87 budget for Petition Paving, Account No. 703-214-541-035.39.
As money from other roads is replenished to the Petition Paving Account,
these roads will be paved.
Also, advertisement of the public hearing and notification to the
property owners has been performed.
RECOMMENDATION AND FUNDING
After consideration of the public input provided at the public
hearing, it is recommended that motions be made to:
1) Adopt resolution providing for the paving and drainage- improvements
for this project, subject to the terms outlined in the resolution.
The applicable interest rate shall be 12% at the time the final
assessment roll is approved.
2) Approve preliminary assessment roll including any changes made as
a result of the public hearing.
3) Allocate 308,250.00 from the Petition Paving Acct. to fund this
work.
4) Roads will be paved as surveys and plans are completed. Road &
Bridge or an independent contractor will do paving.
�_- 25a BOOK
JUL � . ����
L-
�JUL 1987
BOOK F q r
Public Works Director Jim Davis advised that we are in
receipt of a petition with signatures of 117 or 530 of the
property owners. There are 222 parcels identified in the sub-
division, and 45 lots are owned by out-of-town people.
Chairman Scurlock understood that we have more than the
majority needed to proceed with the petition paving project.
The Chairman opened the Public Hearing and asked if anyone
wished to be heard in this matter.
James Elmore, 2414 2nd Court SE, stated that some of the
people in the subdivision have a question about swales being
included in the drainage part of the project, and Director Davis
explained that swales are really small ditches that run alongside
the road, which must be sodded or sown with grass and mowed
regularly.
Mr. Elmore noted that particular area is quite wet already,
and Director Davis pointed out that there is good percolation up
there, and felt that the improved drainage system will be of
great benefit to the subdivision.
Commissioner Bowman noted that the sizing of the swales is
very important in order that they can be mowed properly.
James Marshall, 234 24th Place SE, felt that while many of
the owners would like to have the street paved, they simply do
not have the money. Further, he believed that the ditches are
going to fill up real fast and that the grass would not live.
Mr. Marshall reported that Clifford Jones, 6805 Old Dixie
Highway, does not understand why he is being assessed for 3 lots
when they don't use the roads in Florida Ridge at all. They use
Old Dixie Highway and never use 24th Place, which has a waft up
there.
Director Davis explained that the parcel in question is some
unplatted land along the east end of 24th Place which fronts the
road network that is being paved. Staff is of the opinion that
if that parcel ever came in for plat approval, staff would
= recommend that the subdivision be accessed through the internal
26
roads of Florida Ridge Subdivision rather than Old Dixie Highway.
Since the traffic count is constantly increasing on Old Dixie
Highway, staff would not want to see driveways coming out onto
that road. Staff feels that 3 lots is an equitable assessment.
Susan Riehlman, 233 SE 24th Place, which is a cul-de-sac,
stated that there is no drainage problem there now and never has
been. She wondered how people were going to pay for the improve-
ments, and pointed out that the County is planning to put in
water lines in the near future and would be tearing up the
street.
Chairman Scurlock explained that a street does not have to
be torn up to install water lines as they use sleeves along the
side of the street.
Mrs. Riehlman was opposed to the paving because she lives on
Social Security and this assessment would be a real hardship.
Director Davis explained that once the construction is done
and the final assessment roll is approved, the property owners
have 90 days to pay the assessment in full. However, there is an
installment plan available whereby the assessment can be paid
over 3 years at 12% interest.
Joe Rossmell, 2341 2nd Court SE, wished to have the streets
paved now because he felt any delay would cause them to lose
their place on the petition paving schedule.
Harold Hogan from Ft. Pierce explained that he owns the 54
acres west of the subdivision and is being assessed for 13 lots;
however, he does not know exactly where those 13 lots are located
because that section is unplatted.
Director Davis explained how unplatted parcels that may be
subdivided in the future are divided into equivalent lots so that
they can be assessed for the benefits derived from the petition
paving project.
Commissioner Bird understood that staff has used the
equivalent lot assessment process on parcels on three sides of
Florida Ridge.
27 BOOK
JUL 7.1987
IL I
Fr__ -1
AUL 71987 ,� r
Commissioner Bird asked if we have any provisions for a long
term installment plan on assessments on large parcels that will
not be developed for some years, and Chairman Scurlock advised
that we have the ability to spread the payment over 5 years for
those property owners who would have a real hardship in paying
their assessments over 3 years.
Louise Harshman, 2304 2nd Avenue SE, expressed her
satisfaction with the alteration that was done on a drainage
problem there when they put a corrugated drainage pipe under the
road so that the water would drain into the "pond" instead of her
yard. Now, however, if the road is to be hard -based, she is
concerned that the water will drain into her yard again.
Chairman Scurlock assured Mrs. Harshman that the road will
be designed so that the water will drain off properly.
Helen Diorio, 2358 SE 2nd Avenue, felt that the paving was
badly needed because they have been eating dirt for many, many
years, and wished to go on record as being in favor of the
project.
Beatrice Holland, 12 Tarpon Drive, advised that she is the
owner of what everybody refers to as "the pond", and emphasized
that she was never informed about any petition paving project.
She expressed concern about the payments and the impact the
drainage part of the project would have on her "pond."
Director Davis explained that, basically, Mrs. Holland's
property is some 10 acres of unplatted land to the north of the
subdivision, and she is being assessed for 10 equivalent lots.
The topography in that area naturally tends to drain towards Mrs.
Holland's property, and that was the drainage pattern when the
subdivision was created in the 1950s. Staff has responded in
writing to her concerns over the project, advising her that when
the project is designed, they will be looking at ways to divert
the drainage away from her property. He believed, however, that
it will be difficult to change the natural drainage ,patterns in
that -area, noting that the pond is more like a low area.
28
Commissioner Bird felt that perhaps staff could readjust the
assessment roll since Mrs. Holland's 5 -acre "pond" is going to
continue to take the drainage from the subdivision, making a
portion of her property unusable. Possibly, the pond should not
be included in the assessment calculations.
Director Davis advised that staff would certainly be glad to
take a look at that to see if the assessment roll should be
adjusted due to the fact that some of the land is unusable and
unbuildable.
A lady who did not give her name urged the Commission to -
extend the payments over 5 years for all property owners. -
A gentleman, -speaking from his seat in the audience,
suggested that the County buy the "pond" and dedicate it for use
as a neighborhood park, but Chairman Scurlock emphasized that in
other cases the County has tried to give neighborhood ponds back
to the residents, but they don't want them.
Wanda Gunno, 2404 SE 2nd Court, was concerned that the open
ditches would be a breeding place for mosquitos, but Director
Davis explained that swales are designed to be dry so that the
grass can be mowed.
Harriet Constable, 2443 3rd Avenue SE, did not believe the
drainage project was necessary. In addition, she expressed her
annoyance over the mailboxes being moved to the end of the street
during construction. She asked who benefits from the excess from
the project, and Director Davis advised that any excess fill is
used by Road and Bridges on other projects in the county.
Mrs. Constable asked if they would be assessed for what the
letter stated, and Director Davis explained that this is the
preliminary assessment roll, and that the final assessment
probably would come in for a little less.
Cleo True, 2403 1st Court, expressed his concern about his
property on the corner which is the lowest point on the street,
and suggested that some of the excess fill be be placed there so
that all the drainage will not come onto his property.
29 BOOK �r'A�t�
JUL 1.198?
Fr-
JUL 11997
BOOK 68 IPi�E i0li
Director Davis explained that the project will be designed
so that the roads are .lower than the finished floor elevation of
every house in the subdivision. He felt that the subdivision
will have a much better drainage situation than they have now.
There being no others who wished to be heard in this matter,
the Chairman closed the Public Hearing.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bowman, the Board unanimously adopted
Resolution 87-61, providing for certain paving and
drainage improvements to Florida Ridge Subdivision,
establishing.a minimum of 5 years for payment of
assessments at 12% interest; and directed staff to
reconsider the assessment of the 10 lots to the north
owned by Mrs. Holland.
30
=I
A ® 6-10-87(PP6)P=rt)
RESOLUTION NO. 87-61
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, PROVIDING FOR CERTAIN PAVING
AND DRAINAGE IMPROVEMENTS TO FLORIDA
RIDGE SUBDIVISION; PROVIDING THE TOTAL
ESTIMATED COST, METHOD OF PAYMENT OF
ASSESSMENTS, NUMBER OF ANNUAL INSTALL-
MENTS, AND LEGAL DESCRIPTION OF THE AREA
SPECIALLY BENEFITED.
WHEREAS, the County Public Works Department has received public
improvement petitions, signed by more than one-half of the owners of property
for FLORIDA RIDGE SUBDIVISION, to be specially benefited, requesting paving and
drainage improvements; and
KWM, the petitions have been verified and meet the require-
ments of Section 11-23, Indian River County Code of Laws and Ordinances; and
cost estimates have been completed by the Public Works Division; and
WHEREP,S, the total estimated cost of the proposed improvements is
THREE HUNDRED EIGHT THOUSAND, TWO HUNDRED FIFTY DOLLARS ($308,250.00); and
S, the special assessments provided hereunder shall, for
any given record owner of property within the area specially benefited, be in an
amount equal to that proportion of seventy-five percent (75%) of the total cost
of the project; the potential number of buildable lots which are (owned by the
given owners) in relation to the total number of parcels within the area
specially benefited; and
WHEREAS, the special assessment shall become due and payable at the Office
of the Tax Collector of Indian River County ninety (90) days after the final
determination of the special assessment pursuant to Section 11-34, Indian River
County Code of Laws and Ordinances; and
WHEREAS, Indian River County shall pay the remaining twenty-five
percent(25%) of the total cost of the project; and
WHEREAS, any special assessment not paid within said ninety (90)
day period shall bear interest beyond the due date at a rate established by the
Board of County Commissioners at the time of preparation of the final assessment
roll, and shall be payable in five (5) equal installments, the first to be made
twelve (12) months from the due date and the subsequent payments to be due
yearly; and
Wf�REAS, after examination of the nature and anticipated usage of
the proposed improvements, the Board of County Commissioners has determined that
the following described properties shall receive a direct and special benefit
from these improvements, to wit:
The Southwest one-quarter of Southeast one-quarter and all that part
of the Southeast one-quarter of Southeast one-quarter lying West of
Florida East Coast Railway, Section 31, Township 33 South, Range 40
East, Indian River County, Florida.
Beginning at point on South line of North one-half of North one-half
of Northeast one-quarter and intersecting with West right-of-way line
of Turnpike Feeder Road, thence northly along right-of-way 150 feet,
thence West 150 feet, thence
L ? 19ai
31
BOOK 0 t auE AO
r JUL 7.1987
BOOK 6S, `'�%�.71
North 150 feet, thence East 200 feet to West right-of-way Turnpike
Feeder Road, thence northly on right-of-way to point of intersection
of Turnpike Feeder Road and West right-of-way US 1, thence continue
northeastly on right-of-way 309.26 feet to point on intersection of
West right-of-way US 1 and North Section line, thence West 720 feet,
thence South 665 feet, thence East 400 feet to Point of Beginning;
and beginning at Northwest corner of Northwest one-quarter of North-
east one-quarter, thence run South to South line of North one-half of
Northwest one-quarter or Northeast one-quarter, thence East along said
South line to a point 400 feet West of West right-of-way of Turnpike
Feeder Road thence North 665.8 feet to North Section Line, thence West
to Point of Beginning, less East 200 feet of West 235 feet of South
132 feet of North 167 feet and less West 505 feet of South 493 feet.
Being situate in St. Lucie County, Florida.
East 100 feet of West 235 feet of South 132 feet of North 167 feet of
Northwest one-quarter of Northwest one-quarter of Northeast one-
quarter as recorded in Original Record Book 488 Page 2946 of the
Public Records of St. Lucie County, Florida.
South 321 feet of North 167 feet of East 100 feet of West 135 feet of
Northwest one-quarter of Northwest one-quarter of Northeast one-
quarter. All being situate in St. Lucie County, Florida.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
CONMSSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The foregoing recitals are affirmed and ratified in their
entirety.
2. A project providing for paving and drainage improvements to
FLARIDA RIDGE SUBDIVISION, heretofore designated as Public Works Project No.
8538, is hereby approved subject to the terms outlined above and all applicable
requirements of Section 11-34, Indian River County Code of Laws and Ordinances.
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:
Chairman Don C. Scurlock, Jr. Aye
Vice -Chairman Margaret C. Bowman Aye
Commissioner Carolyn R. Eggert Aye
Commissioner Richard N. Bird Aye
Commissioner Gary C. Wheeler Aye
The Chairman thereupon declared the resolution duly passed and adopted
this 7th day of July , 1987.
ATIEST: BOARD OF COUNTY COMMISSIONERS
OF INID RIVER CO
By
F , A
BY: GHT, Clerk �� �, DO C. , \ , JR.
Chairman
APPIOVED AS TO FORM APP BY:
AND ISL, SUFFICIENCY -
By=j�:k�K31��
County Attorney' b Office Ralp N. Etrescia, P.E.
County Engineer
31a
PUBLIC HEARING - SEBASTIAN WAREHOUSE, INC. REQUEST TO REZONE 6.39
ACRES FROM GENERAL COMMERCIAL TO HEAVY COMMERCIAL
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:
VERO BEACH PRESS -JOURNAL
Published Weekly
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER-
STATEOF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr, who on oath
says that he is Business Manager of the Vero
Beach
a that ess.Journhe 1, copy weekly
advertisement, Sprpubliisshed
at Vero Beach in Indian River County, F
8
00+ "c
in the matter of
Q �
�.or•!Lcs-GeR ate.! J C(' /`--
in the Court, was pub-
lished In said newspaper in the issues of 3�n 1 t 14 81
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, weekly and has been entered
as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida
for a period of one year next preceeding the first publication of the attached copy of adver-
tiserrenh and affiant further says that he has neither paid nor promised any person, firm or
corporation any discount, rebate, commission or refund for the purpose of securing this adver-
tisement for publication in the said newspaper.
Swam to and subscribed before me is ! day of AM.,
nails Manager)
(Clerk of the Circuit Court, I an River County, Florida)
(seau ' `
NOTICE -PUBUC HP.Ai M
Noticeofhear" to oomleer tiro adop8tw e
(a�-mal� Com�msrd�al Clewtrek� 4xtto ICtai,:7 COQ
Prop
swift owned
Ra�ald Hateu Tema
Z nd Pi Nk Road) a a M the F133
1101111 C
Railroad R/W.
TIa mbied mom tv is described am
lea+ ale nau zoo -ser. ire me calm +
sec featto Township
Road mitt Range
{Ir
39 an zIn Towrlsve 31 south. Nanfie
co east. 6.34 River County. twrma
eonminin9 8.347 aarae, eras Or ler.
A pubilo h9w tP at whlah Pwb- in Mlwsi f
and citizens aha9 have an oppcfWr* Is be
heard. will be held by the Board ofCounty Cao-
misalaters of Indian River County. Flald@ bbat o
CAdOunty as nission C ambwoweaae of
the a31h
Sbeed Varo Beach. Flada, on TuaWay..Nf 7.
1937.11119:05 a.m.
Arrycrne who may Wbh m aplaal Ny deamn �
which maty De Ilmda at ilia tnM-InQ WN1 need to �
ensure that a verbatim reeard of 90 Prxndstr@
is made. which Includes the tearmm�y and ad -
dorm@ upon which Bre appeal b bard.
Indian River County
Board of County Commlatomr@
By -a-ool C. Scurlock Jr. Chairman
Jur 18.1987
The Board reviewed the following memo dated 7/23/87:
TO: The Honorable Members DATE: June 23, 1987 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE:
_ a SUBJECT: SEBASTIAN WAREHOUSE, INC.
Robert M. Kea in , AI REQUEST TO REZONE 6.39
ACRES FROM CG, GENERAL
Planning & Development Director
COMMERCIAL TO CH, HEAVY
COMMERCIAL
FROM: David C. Nearing,OOU REFERENCES:
Staff Planner, Long -Range Planning
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of July 7, 1987.
32
JUL 7,1987 BOOK 68 E'A, c 71
Fr- -7
'JUL 7.1987 BOOK
DESCRIPTION & CONDITIONS
Mr. Bernie Roberts of Sebastian Warehouse, Inc. acting as agent
for Ronald Hatala, Marjorie Terruso, and Daryl Stenger, has
initiated a request to rezone a 6.39 acre parcel of property from
CG, General Commercial to CH, Heavy Commercial. The subject
parcel is situated on the north side of Vickers Road adjacent to
the east side of the F.E.C. Railroad right-of-way and
approximately 500 feet west of U.S. 1.
The applicant intends to develop the site for warehousing.
On May 14, 1987, the Planning and Zoning Commission voted 4 -to -0
to table the item until the May 28, 1987, meeting. The reason
for the postponment of the meeting was the possible existence of
several code violations on the subject site. These code
violations included the illegal storage of building materials
(outdoor storage, not permitted in the CG, General Commercial
zoning district), and improper land clearing through the digging
of deep trenches without receipt of a type "A" stormwater
management permit or authorization through a land clearing
permit.
After investigation staff notified the applicants of the code
violations. The land clearing and site alteration violations
have been abated, and the only remaining violation is the illegal
storage of building materials. Staff is currently pursuing code
enforcement action for this infraction; however, staff feels that
this should be considered a separate action from the rezoning of
the property.
At the May 28, 1987, Planning and Zoning Commission meeting, the
Commissioners voted 4-1 to recommend approval of the rezoning.
ALTERNATIVES & ANALYSIS
In this section, an analysis of the reasonableness of the appli-
cation will be presented. The analysis will include a descrip-
tion of the current and future land uses of the site and sur-
rounding areas, potential impacts on the transportation and
utility systems, and any significant adverse impacts on environ-
mental quality.
Existina Land Use Pattern
The subject property is undeveloped. North of the subject
property is undeveloped land zoned CG. East of the subject
property along U.S. 1 are vacant property, a beauty salon, a
single-family home, and a Zippy Mart, all zoned CG. South of the
subject site is vacant property zoned CH, vacant property zoned
CG, a mobile .home sales facility and existing nonconforming
mobile homes. Southwest of the subject property is a contractors
trades building zoned CH and the Breezy Village Mobile Home Park
zoned RMH-8, Mobile Home District (up to 8 units/acre). West of
the site across the F.E.C. Railroad is vacant property zoned IL,
Light Industrial, then the New Horizons Mobile Home Park zoned
RMH-8.
Future Land Use Pattern
The site has a land use designation of MXD, Mixed Use District.
All properties abutting the site and to the south across Vickers
Road and west across the railroad tracks have a land use
designation of MXD, Mixed Use District. Three hundred feet west
of the railroad, the land use designation is MD -1, Medium Density
Residential (allowing up to 8 units/acre). The proposed CH
33
toning is consistent with the Comprehensive Plan and with the CH
zoning south across Vickers Road and with the IL zoning west
across the railroad tracks. Staff has generally supported the
location of Industrial and Heavy Commercial uses along rail
lines.
Transportation System
The subject property has frontage on Vickers Road (99th Street),
classified as a local road on the County Thoroughfare Plan. In
general, most uses permitted in the CH zoning district will
attract/ generate less trips than those uses permitted in the CG
zoning district.
Environment
The subject property is not designated as environmentally
sensitive nor is it located in a flood prone area. The site does
not lie within the area designated as coastal sand ridge area.
Utilities
No public utilities currently exist within the area of the
subject property.
RECOMMENDATION
Based on the above analysis, staff recommends approval.
Chairman Scurlock opened the Public Hearing and asked if
anyone wished to be heard in this matter.
Donald Vickers, 10480 U.S. #1, explained that he owns
approximately 400 feet of frontage adjacent to the subject parcel
on the east side, and objects to the zoning change not because of
what the owner wants to do with the property, but because of the
way the entire matter has been handled. Back in March of this
year he noticed that a ditch had been dug across about 280 feet
of his property to drain the adjacent property off to U.S. #1.
After checking with the County Planning Dept., who knew nothing
about a ditch, he had the ditch filled in. He talked to a couple
of employees of the firm that purchased the property, and they
said they had assumed that the property went all the way over to
U.S. #1. Mr. Vickers felt it was strange that they bought
property without knowing anything about it. However, that was
the first warning he had of something going on there, and shortly
after that, a metal building was delivered by 6 or 7 semis and
unloaded on the property. A few days later he saw a request for
zoning change.
34 BOOK 71
JUL 1987 BOOK 's ! ,jE 11
Mr. Vickers felt the whole thing has been done after the
fact, and that was the reason he was opposed to it.
Chairman Scurlock asked if staff has explained to the owner
what can and what cannot be done there, and Planning &
Development Director Robert Keating reported that the owner is in
front of the Code Enforcement Board for the illegal storage of
building materials; in addition, he started land clearing and
ditching before obtaining the proper permits.
Bernie Roberts, president of Gator Lumber, explained that
they were under the impression that they owned the property where
the ditch was dug because they took the advice of an employee,
who is no longer with the firm. After that, they came in and
asked the County what they were doing wrong and what they should
do to correct the situation. Randy Mosby, their new engineer on
the project, guided them in their site planning and obtainment of
all required permits. Mr. Roberts admitted that they did buy the
steel building a bit earlier, but did so in order to avoid an 110
increase in price. After the steel building was purchased, they
were kind of stuck, because they found out there was no other
place in the county for it to be stored. He advised that they
have filed for a site plan and are filing this week for a
building permit. While the firm could operate in the current
zoning, they feel it would be more appropriate in the CH zoning.
He urged the Commission to approve the rezoning request.
Commissioner Bowman asked if Mr. Roberts had walked the
property before it was purchased, and Mr. Roberts replied that he
just had ridden across the property as he has trouble walking.
He explained that prior to purchasing the land, they cleared out
by backhoe just enough of the jungle to test the ground in the
spots where they were planning to install the building and found
that there was about 6" of rotted, decayed material before
hitting sand.
Commissioner Bowman felt it was a big mistake that this
property was purchased for this reason, because what they bought
35
� � r
is called a "bay head", and unfortunately, this county has no
provision for the preservation of either bay or cypress, which
are both wonder natural resources. Although she did not feel it
was the owner's fault, she did feel they had destroyed a very
important part of the ecology in that part of the county.
Mr. Roberts emphasized that was not their intent.
There being no others who wished to speak, the Chairman
closed the Public Hearing.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously adopted
Ordinance 87-46, rezoning 6.39 acres from CG,
General Commercial, to CH, Heavy Commercial, as
requested by Sebastian Warehouse, Inc.
AUL 1,15 36 8010 ,71
JUL x.198?
BOOK 6 3 i y A7
6/25/87
pnot
LR -Planning
DN/vh
ORDINANCE NO. 87- 4_ 6
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING
THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP
FOR THE PROPERTY DESCRIBED HEREIN, AND PROVIDING
FOR EFFECTIVE DATE.
WHEREAS, The Planning and Zoning Commission, sitting as the
local planning agency on such matters, has held a public hearing
and subsequently made a recommendation regarding this rezoning
request; and
WHEREAS, The Board of County Commissioners of Indian River
County, Florida, did publish and send its Notice of Intent to
rezone the hereinafter described property; and
WHEREAS, The Board of County Commissioners has determined
that this rezoning is in conformance with the Land Use Element of
the Comprehensive Plan of Indian River County; and
WHEREAS, The Board of County Commissioners. has held a public
hearing pursuant to this rezoning request, at which parties in
interest and citizens were heard;
NOW, THEREFORE, BE IT ORDAINED, by the Board of County
Commissioners of Indian River County, Florida, that the Zoning of
the following described property situated in Indian River County,
Florida, to -wit:
South one-half of northwest one-quarter of northeast
one-quarter lying east of Florida East Coast Railroad
right-of-way, less the north 200 feet, less the south 30.0
feet for Vickers Road right-of-way, Section 20, Township 31
south, Range 39 east, Indian River County, Florida,
containing 6.347 acres, more or less.
Be changed from CG, General Commercial District to CH, Heavy
Commercial District.
All with the meaning and intent and as set forth and
described in said Zoning Regulations.
Approved and adopted by the Board of County
Commissioners of Indian River County, Florida on this 7th day
of July , 1987.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
By - G
Z4
Don -C. Sc rlock, J ., Chairman
J
PUBLIC HEARING - ORDINANCE AMENDING CODE RE TIME REQUIREMENTS FOR
BUILDING PERMITS, INCLUSION OF SPECIAL CAR SALES EVENTS, ETC.
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:
VERO BEACH PRESS -JOURNAL
Published Weekly
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER:
STATE OF FLORIDA
Before the undersigned authority personally appeared 1. J. Schumann, Jr. who on oath
says that he is Business Manager of the err Be8th Pres alt shed copy weekly
advertisement,newspaper
pulished
at Vero Beach in Indian River County,being
a �
in the matter of J.. S _ 1. _ .ZS Cc) �3}_�.
In the Court, was pub-
lished in said newspaper in the Issues of S'+e 10, I Sr i
Affiant further says that the said Vero Beachprhasjournal t the raids a newspaper
nlltged
d
Vero Beach, in said Indian River County, Floridaweekly and has been entered
been continuously published in said Indian River County,
as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida
for a period of one year next preceeding the first publication of the attached copy of adver-
tisement; and affiant further says that he has neither paid nor promised any person, firm or
corporation any discount, rebate, commission or refund for the purpose of securing this adver-
tisement for publication In the said newspaper.
' I4�
Sworn to and subscribed before2rmnthis �6 day of A•O•—�
( ness Manager)
` n '
y �l
(SEAQ (Clerk I (Clerk of the Circuit Can River County. Florida)
e g ==:1dUanan b naYeaM
fta off the ncoun9 county
AemirfiWOon aWWISh 10 0000 arl� hill. p.
dodsion
which rasyone who ae mage at meaenp wal n"d b
ensun Mat a verbatpn ,soon of 1M praceea+ge
U made which Includes to %WN4ny and ai-
darwe upon which to appeal wM be basad.
Indian River County
Board of County Commihlonare
By:-e-0dn C. Saabek Jr.
Jun* ts• essr ..
The Board reviewed the following memo dated 6/8/87:
TO: The Honorable Members DATE: June 8, 1987 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE: PROPOSED AMENDMENT TO
TEMPORARY USE SECTION
SUBJECT: (25c) OF THE ZONING CODE,
Robert M. Keati g, PROVIDING FOR AND SETTING
Director, Community Tevelopment STANDARDS FOR SPECIAL CAR
Division CAR SALES EVENTS
Stan Boling Spec.
Car Sales
FROM: elopmeFE EN ES• IBMIRDe, ht -
It
is requested that the information herein presented be given
formal consideration by the Board of County Commissioners at
their regular meeting of July 7, 1987.
38
JUL .07 BOOK 60 (AQL Ili
I J
71987
BOOK 6
DESCRIPTION & CONDITIONS:
In recent years, the desire by automobile dealers to conduct
special sales events in locations other than at their approved
establishments and involving two or more car dealers has in-
creased. At present, however, special car sales events are only
allowed on parcels approved for either automobile sales or
approved for special events. The transient merchant ordinance,
approved by the Board of County Commissioners on March 10, 1987,
restricted merchandise sales in non -permanent locations to an
even greater.degree.
Several months ago, a special car sales event was held by several
dealers on an out -parcel at the Luria's Plaza on U.S. #1.
Operating without permits, this event caused on-site and off-site
traffic circulation problems, was conducted without sanitary
facilities, and violated several code provisions (including
signage restrictions, adherence to setbacks, and encroachment of
right-of-way) with which permanent facilities must comply.
Because of controversy resulting from that event, the Board of
County Commissioners directed the staff to work with the County's
automobile dealers and determine if any code modifications were
warranted. Given that directive, the staff then conducted a
workshop meeting with interested car dealers. At that meeting,
the car dealers expressed their desires, and the staff expressed
their concerns and identified alternative courses of action which
could be taken to meet the objectives of the automobile dealers.
Then, the staff requested and the Board of County Commissioners
authorized preparation and advertisement of an ordinance amend-
ment allowing temporary sales events and setting standards for
said events.
At their regular meeting of May 28, 1987, the Planning and zoning
Commission voted 3-2 to recommend that the Board approve the
proposed ordinance.
ALTERNATIVES & ANALYSIS:
Prior to its workshop meeting with the car dealers, the staff
identified the various alternatives and noted the advantages and
disadvantages of each. The attached option analysis provides
that information. Of the three options identified, only the
off-site TUP location was considered acceptable by the automobile
dealers.
In assessing the feasibility
_ events in off-site locations,
major concerns. These include
dealers holding such events in
events other than car sales
public safety issues.
of permitting special car sales
the staff has identified several
the possibility of out -of -county
the County, the prospect of sales
being allowed, and site related
Most of these concerns have been addressed in the draft
ordinance. As proposed, the ordinance amendment would identify
special car sales events as authorized temporary uses. It also
would define special car sales events as being conducted only by
licensed automobile dealers. Finally, the proposed amendment
would establish all the necessary standards which would have to
be met in conducting a special car sales event.
39
i
As proposed, the draft ordinance amendment defines special car
sales events, sets site and location criteria, establishes
general standards, and identifies submission requirements. It is
the staff's position that the draft amendment has sufficient
safeguards to adequately control special car sales events and to
ensure that public safety is maintained.
RECOMMENDATION:
Staff recommends that the Planning and Zoning' Commission rec-
ommend that the Board of County Commissioners approve the pro-
posed ordinance amendment.
Commissioner Eggert asked why we could not limit the number
of events that can be held in a year's time, and Mr. Boling
advised that could have been done, but during the workshops the
car dealers expressed concern about being limited since they
sometimes go in together on an event.
Commissioner Wheeler felt it would be difficult to establish
a guideline if we were to limit the number of events.
Director Keating explained that each individual dealer would
be limited to the number of events.
Commissioner Eggert felt that the intent of the ordinance is
that the car sales not be a constant, on-going, monthly event,
which they could do just by rotating various sites.
Commissioner Bowman noted that the ordinance does not
address the sound systems that blast all day and night, and
Director Keating explained that there is a provision in the
ordinance which allows us to address the noise levels as a
nuisance.
Commissioner Bowman still wished to have a sound
restriction, but Chairman Scurlock pointed out the difficulties
the County encountered when we tried to do that in a previous
situation.
Commissioner Bowman felt it is time the County set a sound
restriction, regardless of the difficulties involved.
Director Keating explained the various sites that could be
used for these special car sale events, such as the out -parcel in
the parking
lot at Luria's (with sufficient
restrictions) or
JUL'
.1997
4o
BOOK G wE ��0
JUL 7 198TI
BOOK `',.,t���
parking lots not in use on Saturday or Sunday. However, they
still would have to come in for a permit.
Commissioner Bowman noted that 2c in Section 3 refers to a
site plan when no mention of a site plan is made anywhere else in
the ordinance except in 4a & 4b in Section 3, where it refers to
a scale drawing. She assumed that when they say "scale drawing",
they mean "site plan", and suggested that "site plan" and "scale
drawing" be cross referenced to avoid confusion.
Director Keating admitted that could lead to confusion, and
stated that staff would make that modification.
Commissioner Bird did not see anyone in attendance from the
car dealership association, and asked Director Keating if he felt
the car dealers were satisfied with the compromise.
Director Keating believed that there were 7 or 8 dealers
represented at the workshop, and 3 or 4 of them attended the P &
Z meeting. In talking to a couple of others after that, he felt
the majority of the dealers were in favor of the situation. They
did recommend a couple of changes, and those were incorporated
into the ordinance. They were all advised by letter of today's
meeting.
Commissioner Bowman believed there is a loophole in the
ordinance under Renewals and Extensions on Page 2, because it
says that requests for an extension of a temporary use may be
made, but it does not set a limit. She could see where this
could be an on-going thing unless some kind of restriction is
set. Reference is made that in addition to the 4 days they can
come in for an extension.
Mr. Boling advised that temporary use permits can be
extended for fruit and vegetable sales, but in specific
sub -sections, there are limits on certain types. For instance,
car sales events cannot go over 4 days.
The Commissioners then asked why any reference is made to
extensions when none are allowed, and Director Keating explained
that -the language applies to all temporary uses that would be
41
W
permitted. He advised that if the Board wishes, a provision
could be made in the ordinance to disallow extensions of special
car sales events. The Commissioners agreed they would like to
have that modification.
Chairman Scurlock opened the Public Hearing and asked if
anyone wished to be heard in this matter.
Nancy Offutt, representing the Vero Beach Chamber of
Commerce, suggested that the ordinance be expanded from "cars" to
"vehicles", which would allow trucks, boats, etc.
Director Keating felt that was a policy decision that would
have to be made by the Board. He felt the ordinance was
structured to be pretty restrictive, and would feel more
comfortable with "car" sales.
Commissioner Bird preferred to say "vehicle" sales, and then
if it gets out of hand, set further restrictions.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bowman, the Board unanimously adopted Ord A
87-47, with the modification limiting the "vehicle"
sales events to 4 days.
Commissioner Bird still felt we should address the case of a
shopping center that wishes to hold an outside event on part of
their parking lot once or twice a year in order to enchance their
business, and Director Keating felt the ordinance would address
that with the modification of "cars" to "vehicles."
tj
JUL 71n87
�
r` y/"
42 BOOK I'K
'JUL d 1981
ORDINANCE NO. 87 - 47
ordinance/STAN4
CD/7/22/87/dc
1 A [.�eute n� y�
BOOK ,��a
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 25(c)(3)
OF APPENDIX A OF THE CODE OF LAWS AND ORDINANCES OF
INDIAN RIVER COUNTY, GENERAL PROVISIONS OF THE ZONING
CODE; PROVIDING FOR REDUCTION IN AMOUNT OF TIME REQUIRED
BETWEEN PERMIT APPLICATION AND COMMENCEMENT OF USE;
PROVIDING FOR INCLUSION OF SPECIAL VEHICLE SALES EVENTS
IN TEMPORARY USE PERMIT CATEGORIES; ESTABLISHING
STANDARDS FOR SPECIAL VEHICLE SALES EVENTS; AND PRO-
VIDING FOR CODIFICATION, SEVERABILITY, AND EFFECTIVE
DATE.
Section 25(c)(3) of Appendix A, Zoning, Indian River County
Code of Laws and Ordinances is hereby amended as follows:
"a. Agricultural districts.
(i) Christmas tree sales.
(ii) Model homes.
(iii) Temporary construction offices.
(iv) Temporary meeting, recreation or
facilities.
(v) Temporary real estate offices.
(vi) Temporary sale of fruit and vegetables.
(vii) Similar temporary uses.
(viii) Transient Merchants
b. Residential districts.
(i) Christmas tree sales.
(ii) Temporary construction offices.
(iii) Temporary real estate offices.
(iv) Similar temporary uses.
C. Commercial districts.
(i) Christmas tree sales.
(ii) Temporary construction offices.
(iii) Temporary meeting, recreation
facilities.
(iv)- Temporary real estate offices.
(v) Similar temporary uses.
(vi) Transient Merchants.
(vii) Special vehicle sales events
d. Industrial districts.
(i) Temporary construction offices.
(ii) Temporary meeting, recreation
facilities.
(iii) Temporary real estate offices.
(iv) Similar temporary uses.
(v) Special vehicle sales events."
Section 2
or
or
amusement
amusement
amusement
Section 25(c)(5) of Appendix A, Zoning, Indian River County
Code of Laws and Ordinances is hereby amended as follows:
"5. Application for Temporary Permit; Fees
Any person desiring to establish a temporary use, as author-
ized herein, shall submit an application for a temporary
permit to the Planning and Development Division.
CODING: Words in type are deletions from existing
law; words underlined are additions.
ORDINANCE NO. 87 - 47
The application shall be on a form provided by the County and
shall include all information required for a complete application.
All such applications shall also be accompanied by a fee, as
established by the Board of County Commissioners. The complete
application and fee must be submitted at least f04Att11(/lAh11JWs
ten (10) working days prior to the proposed commencement date for
the use.
a. Termination
At the end of the time period for which the temporary
use was permitted, including any renewal or extension
periods, the use shall be discontinued, and all tem-
porary structures involved removed. Failure to comply
with this requirement shall be a violation of this
Ordinance.
b. Renewals, Extensions
Requests for the renewal or extension of a temporary use
may be made to the Director of Planning and Development.
Such renewal or extension may be granted, subject to the
standards and procedures of this Section."
Section 3
Establish section 25(c)(3) of Appendix A, Zoning, Indian
River County Code of Laws and Ordinances as follows:
"e. Special vehicle sales events
(1) Definition
A special vehicle sales event shall be defined as a
temporary activity having a duration of four or fewer
consecutive days for the sale of vehicles held at a site
not approved as a permanent vehicle sales facility and
conducted by one or more vehicle dealers having a valid
Indian River County occupational license.
(2) Special vehicle sales events shall meet the following
Gi i -P and 1 nnati nn nri tori a
(a) Said events shall be conducted on property havi
commercial or industrial zoning, or on proper
approved for special public events, such as t
fairgrounds site.
(b) Said events shall be conducted on property having
existing, permanent, and permitted driveways and
access points. No new driveways (road cuts) are
s events.
(c) Said events shall be conducted on property having
adequate area for vehicle display and employee and
customer parking. Vehicle display areas may be
unpaved; employee and customer parking areas must
be paved. Vehicles offered for sale must be
displayed only in areas identified as display areas
on the scaled drawing submitted as part of the
temporary use permit application. Employee and
customer parking must be provided at a rate of one
(1) space per 500 square feet of vehicle display
area.
CODING: Words in WtOXIONA0 type are deletions from existing
law; words underlined are additions.
JUL �� ��b� �� —2— L4
BOOK rA,t
BOOS
ORDINANCE NO. 87 - 47
(d) Said events may be conducted on sites approved for
other uses (e.g. banks, shopping centers) provided
that the following conditions are met:
(1) No parking spaces designated as required on
the approved site plan for the host site may _
be used as display area or customer/ employee
parking for the special vehicle sales event;
or
(2) Parking spaces designated as required on the
approved site plan for the host site may be
used as display area or customer/employee
parking for the special vehicle sales event
(a) The applicant provides a written, certi-
fied statement from the owner or agent .
for the host use that sufficient square
footage of approved floor area is unoc-
cupied to provide parking or display area
for the special vehicle sales event; or
(b) The applicant provides a written, certi-
fied statement from the owner or agent
for the host use stating that the host
use will be closed for the entire dura-
tion of the special veh-icle sales event,
including vehicle display times; however,
where host uses such as banks participate
in the sales event, that activity will
not constitute operation by the host use,
provided that the host use is not open to
the general public for business unrelated
to the special sales event.
(3) Special vehicle sales events shall meet the follow-
ing use conditions:
(a) No extension of a temporary use permit -for a
special vehicle sales event may be granted.
(b) Any and all signs to be used in conjunction
with the event must conform to county sign
regulations. A county sign permit(s), if
required, must be obtained prior to issuance
of a temporary use permit for a sales event.
(c) Sanitary facilities shall be provided in
accordance with applicable environmental
health regulations. Prior to issuance of a
temporary use permit for a sales event, the
applicant must obtain approval from the
environmental health department for proposed
sanitary facilities.
(d) Prior to issuance of a temporary use permit
for a sales event, the applicant must obtain
approval from the building department for use
of any temporary facilities (such as a tent).
Use of any facilities required to be inspected
by the building department or fire depart-
ments, shall be inspected by the appropriate
department prior to operation of the facility.
- CODING: Words intype are deletions from existing
law; words underlined are additions.
�UL
ORDINANCE NO. 87 47
(e) Concessions are only permitted as an accessory
use to the sales event. �If concessions are
proposed, the applicant must obtain approval
from the environmental health department for _
the proposed concession facilities, prior to
the issuance of a temporary use permit for a
sales event.
(4) Special vehicle sales. event applications must meet
all submittal requirements for a temporary use _
permit application. In addition, special vehicle
sales event applications must include the fol -
(a) A scaled drawing showing:
1. the dimensions of the property parcel
upon which the event is to be held;
2. the dimensions of the sales event area;
3. location and dimension of all display
areas, parking areas, and driving aisles
to be utilized;
4. all adjacent roadways and driveways of
the property parcel site;
5. all signs to be used in conjunction with
the sales event and the size and type of
signs) used.
6. existing zoning of the- subject property
and applicable setbacks.
(b) Information identifying:
1) beginning and ending dates of the event;
2) hours of operation of the event;
3) approximate number of vehicles displayed
at any one time on the event site;
4) any . temporary facilities, including
sanitary, display (such as tents), and
concessions facilities;
5) how parking and traffic flow will be
properly directed onto and within the
event site;
6) if existing parking spaces of a permanent
use (such as shopping plaza) are to be
utilized by patrons and employees of a
sales event, calculations shall be
submitted demonstrating that the sales
event will not utilize any parking spaces
necessary, in accordance with the parking
standards specified in the zoning code,
to service existing uses.
Section 4
CODIFICATION
The provisions of this ordinance shall be incorporated into
the County Code and the word "ordinance" may be changed to
"section", "article", or other appropriate word, and the sections
of this ordinance may be renumbered or relettered to accomplish
such intentions.
Section 5
SEVERABILITY
If any section, part of a sentence, paragraph, phrase or word
of this ordinance if for any reason held to be unconstitutional,
CODING: Words in $UUX1W0,i4M type are deletions from existing
law; words underlined are additions.
rj .`r7
-4-
am 6 r E 7?,
r
JUL 7 1987
ORDINANCE NO. 87 - 47
inoperative or void, such holdings shall not affect the remaining
portions hereof and it shall be construed to have been the legis-
lative intent to pass this ordinance without' such unconstitu-
tional, invalid or inoperative part. _
Section 6
EFFECTIVE DATE
The provisions of this ordinance shall become effective upon
receipt from the Florida Secretary of State of official acknow-
ledgment that this ordinance has been filed with the Department of
State.
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida on this 7th day of July .01
1987.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
BY . L.
Don C. Scurlock, J . Chairman
Acknowledgement by the Department of State of the State of Florida
this 7thd.ay of Auaust , 1987.
Effective Date: Acknowledgement from the Department of State
received on this 12th day of Auaust , 1987 at 2:00
A.M./P.M. and filed in the office of the clerk of the Board of
Count —'Commissioners of Indian River County, Florida.
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY.
Bruce Barkett, Assistant
County Attorney
APPROVED AS TO PLANNING
MATTERS.
Robert Keating,Lbiredtor
Planning & Development
CODING: Words intype are deletions from existing
law; words underlined are additions.
-5-
REQUEST FOR INDUSTRIAL REVENUE BOND - NYLACARB CORPORATION
The Board reviewed the following memos dated 7/1/87:
MEMORANDUM
TO: Board of County Commissioners
FROM: Don C. Scurlock, Jr., Chairman
Finance Advisory Committee
DATE: July 1, 1987
SUBJECT: Nylacarb Corp. "pok
At our July 1, 1987 Finance Advisory Committee, the
Committee made the following motion:
ON MOTION by Mr. Morrison, SECONDED by Mr. Minotty,
the Committee unanimously agreed to recommend to the
Board of County Commissioners that Nylacarb Corp be
denied their application for Industrial Revenue Bonds
in Indian River County as the Committee does not see
any significant beneficial impact upon the County by
this company. Furthermore, it was the Committee's
opinion the company would reflect unfavorably upon
the County's credit rating as it would be an obli-
gation that would be indirectly incurred by the County
to the extent of $2,000,000 to employ approximately
6 people, 2 of whom would be the principals.
MEMORANDUM
TO: Board of County Commissioners
FROM: Carolyn K. Eggert, Chairman
Economic Development Council
DATE: July 1, 1987
SUBJECT: Industrial Development Bonds
The Economic Development Council recommends that Nylacarb
Corp. be given the $2,000,000 in Industrial Development Bonds
provided the background of the two principals, and what happened
to the two companies that Mr. Cooley sold, can be adequately
checked and approved.
43
L 7 1967
B00l4uir , � j E 7,?
r
►AUL
"11981
July 2,1987
800F. 68�c l
MGLEWIS&CO3ING.
INVESTMENT BANKERS
201 NORTH NEW YORK AVENUE, SUITE 300, WINTER PARK, FLORIDA 32789 TELEPHONE (305) 647-1621
MAILING ADDRESS: POST OFFICE BOX 2743, WINTER PARK, FLORIDA 32790
Mr. Joseph A. Baird
Director
Office of Management and Budget
Indian River County
1840 25th Street
Vero Beach, Florida 32960
Dear Joe:
Pursuant to your request, the following are my thoughts as Financial Advisor to
Indian River County regarding the effect on the County's credit rating should an
industrial development bond, issued by the County for - the benefit of Nylacarb
Corporation, be defaulted on by Nylacarb Corporation.
It is my understanding that since the County acts o_ my as the issuing body or conduit
for the issuance of such bonds, the County bears no responsibility for the payment of
principal and interest on the bonds; this burden lies wholly with the corporation
and/or principals of the corporation and/or any credit enhancements that the
financing structure may include. Both the underlying bond documents and the
Official Statement will include explicit statements -to this effect; therefore, any
investor in such bonds should have knowledge of the County's position prior to -
purchase. Rating agencies are familiar with industrial development bonds and the
security that lies behind them; therefore I do not believe that the County's credit
rating will be affected - if a default in the payment of these bonds occurs unless the
cause of the default (Le, bancruptcy of the corporation) has a major impact on the
economy of the County.
I am in no position to judge what, if any, adverse publicity will accrue to the County
(the County will have its name on the bonds) if a default occurs, so I cannot express
any opinion as to the effect of such adverse publicity, if any.
Please let me know if you have further questions.
Sincerely,
Art ur H. Diamond
Vice President
Chairman Scurlock explained that after the Finance Advisory
Committee recommended denial because they were concerned about
the impact it might have on the County's credit rating, we
received positive comments from our financial consultant and bond
attorney and further information from Standard & Poor's.
a
--
44
s
OMB Director Joe Baird explained that the main concerns of
the FAC was in issuing $2 -million worth of bonds for a firm with
only 4 employees and the effect on the county's credit rating.
One gentleman from Standard S Poor's felt the possibility of it
affecting our credit rating was remote, and would do so only if
it affected our tax base, employment, and general financial
conditions in the county. Another gentleman from Standard S
Poor's felt there was no way it would affect our credit rating if
a letter of credit was obtained. In addition, Director Baird
advised that both the bond counsel and M.G.-LEWIS & CO. -feel this
county's exposure is little to none.
Chairman Scurlock felt differently about the matter now that
we have received additional information and positive comments and
the fact there is a potential of more jobs to come later.
Commissioner Eggert noted that the Economic Development
Council has recommended that the bonds be issued contingent upon
the background check. Since she believed the payroll would
increase in time, perhaps up to 33 employees by the end of their
third year, and since there is no adverse effect of the
industrial use, she stated she would support issuing the bond.
MOTION WAS MADE by Commissioner Eggert, SECONDED by
Commissioner Wheeler, that the Board approve $2 -million
in Industrial Development Bonds for Nylacarb
Corporation, provided they have a letter of credit.
Under discussion, Commissioner Bowman wondered why Nylacarb
is leaving Sterling, Massachusetts, and suggested that staff
check their previous location to see about any odors.
Commissioner Eggert advised that the Planning staff has
contacted them and there seems to be no problem with odors. With
respect to the move, there seems to be an unavailability of
employees in that particular area of the country.
°i 7 45 BGG 68 t,,GE 730
JUL 7 1967
BOOK 6 8Fact i3I
Commissioner Wheeler stated he was for it because there was
no odor, and pointed out that was well checked out.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
was voted on and carried unanimously.
REQUEST FROM SHERIFF TO PURCHASE MOBILE CRIME LAB FROM SEIZED
FORFEITURE FUND
The Board reviewed the following memos dated 7/1/87 and
7/6/87:
"*"" btriff
P. O. BOX 608
PHONE 569-6700
July 1, '1987
R.T."T I hA" D®BECK • INDIAN DIVER COUNTY
MEMBER FLORIDA SHERIFFS ASSOCIATION
MEMBER OF NATIONAL SHERIFFS ASSOCIATION
VERO BEACH, FLORIDA 32961-0008
Honorable Don C. Scurlock, Chairman
Board of County Commissioners
Indian River County
1840 25th Avenue
Vero Beach, FL 32960
Dear Doug:
This letter is a request for the Board's approval to expend Law
Enforcement Trust Fund monies totaling $25,405 detailed as
follows:
Used Mobile Lab/Crime Scene/Command Post $10,000
This unit will provide on the scene laboratory capabilities
as well as providing necessary crime scene/command post
operations including radio, equipment, restroom facilities,
etc.
Photo Developing Lab, Color $15,405
This unit will provide in-house color film developing and
will be a cost effective measure.
The addition of this equipment will greatly benefit this
Department in our continued effort to provide better law
enforcement for Indian River County.
Singly,
W^J
R. T. "Tim" Dobeck, Sheriff
Indian River County
46
s
er i f f
P. O. BOX 608
PHONE 369-6700
July 6, 1987
R.T."TIM" DOBECK • INDIAN RIVER COUN Ty
MEMBER FLORIDA SHERIFFS ASSOCIATION
MEMBER OF NATIONAL SHERIFFS ASSOCIATION
VIM() IMACII, IMOUII)A 32061-OW13
Honorable Don C. Scurlock, Chairman'
Board of County Commissioners
Indian River County
1840 25th Street
Vero Beach, FL 32960
Dear Doug:
This is to clarify my -letter of July 1, 1987, in which I request-
ed $25,405 in Law Enforcement Trust Fund monies.
The Board previously authorized the expenditure of $150,000 to
fund a "crack" team. I have been able to absorb the salary
portion of this team within my Operating Budget and anticipate
only expending $45,536 of the original allocation, for Capital
Outlay items.
The current request of $25,405 can be taken from the unexpended
portion of the above named allocation.
Sincerely,
G.yy v
R. T. "Tim" Dobeck, Sheriff
Indian River County
Sheriff Dobeck explained that they wanted the Board's
approval before they go over to Dundee on Thursday to take a look
at this 1980 mobile unit.
Commissioner Bowman could not understand why the price is so
cheap, and suggested that when they check it out, they take it to
a car wash and see if the roof leaks.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Bowman, the Board unanimously approved
the Sheriff's request to purchase a mobile crime lab
and photo development equipment in the amount of
$25,405; monies to come out of the Law Enforcement
Trust Fund.
JUL �� . ` 87 47 BOOK 60' �,1:uC " 4
JUL�
�
BOOK
68 ; KUF
10J,
RIGHT-OF-WAY ACQUISITION AT
8TH STREET AND 27TH AVENUE
- JOE
DANIELS RESIDENCE
The Board reviewed the following memo dated 7/1/87:
TO: The Honorable Members of the DATE: July 1, 1987 FILE:
Board of County Commissioners
THP0JGH:
Charles P. Balczun,
County Administrator
FROM:
James W. Davis, P.E c
Public Works Director
DESCRIPTION AND CONDITIONS
SUBJECT: 8th Street at 27th Avenue
Right -of -Way Acquisition -
Joe Daniels Residence
REFERENCES:
Edward K. Halsey,Attorney
to Don Finney dated 6-25-87
An appraisal has been prepared to determine ne the Fair Market Value of the
south 4' of the Daniels property along 120' of 8th Street east of 27th
Avenue. The County Transportation Planning Comattee and Board -of County
Commissioner's authorized staff to proceed in implementing intersection
improvements to include road widening and signalization at 8th Street and
27th Avenue. Engineering and bidding of the project is complete.
The appraisal prepared indicated that $5,129 is fair compensation for the
4' of additional right-of-way and an aerial easement. This cost includes
the septic tank and drainfield, trees, and other improvements taken.
The attorney representing the owner has written the attached letter
indicating that Mr. and Mrs. Daniels would not consent to selling the
County the south 4' of their property and continue to live in the existing
residence. Their opinion is that the road would be too close to the house
to render the dwelling habitable.
ALTERNATIVES AND ANALYSIS
The alternatives proposed are:
Alternative # 1
Since the Daniels do not wish to sell the south 4' of the subject property,
the County could proceed to acquire the additional right-of-way by
condemnation. The Daniels would probably take the position that the
proximity of the road would result in the residence being uninhabitable.
Alternative # 2
Acquire the entire Daniels property for the requested $50,000 and attorney
fees. The County could construct the road and rent the dwelling or utilize
the right -of --way necessary and sell the property that is not needed. Since
the property has a depth of 145' , it is large enough for an average size
house.
It is recommended that the County purchase the entire Daniels residence for
$50,000 plus attorney's fee. Funding to be from Gas Tax and Impact Fee
revenue.
M 48
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously authorized
the purchase of the entire Daniels residence for
$50,000 plus attorney's fee, as requested by staff;
funding to come from the Gas Tax and Impact Fee
revenue.
1987 ROAD RESURFACING PROGRAM
The Board reviewed the following memo dated 6/29/87:
TO: The Honorable Members of the DATE: June 29, 1987 FILE:
Board of County Commissioners
THROUGH:
Charles Balczun,
Administrator SUBJECT: 1987 Road Resurfacing Program
FROM7ames W. Davis, P.E REFERENCES:
Public Works Director'
DESCRIPTION AND CONDITIONS
The Road and Bridge Division FY86-87 materials budget has an unencumbered
balance of approximately $395,000. Based on an inspection of the County
Road System and results of the pavement management system initiated last
year, staff recommends that the attached list of roads be resurfaced prior
to Sept. 30, 1987.
ALTERNATIVES AND ANALYSIS
At the annual bid cost of $36.25/ton, the 12.35 miles of road will cost
approximately $350,191.
REMMMATIONS AND FUNDING
Staff recommends approval of the attached road resurfacing list. Funding
to be from Fund 111-214-541-35.31.
49
JUL 7.1987 '8 734
JUL
t,y .1931 BOOK US Fir 35',
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the following list of roads to be resurfaced at an
approximate cost of $350,191, as requested by staff;
funding to be from Fund 111-214-541-35.31.
The following is a list of roads to be resurfaced:
County Road 512
One mile north of SR 60 to
three miles north of SR 60
CR 505 (Roseland Rd.)
Riverwalk to Collier Creek
Roseland lift station
99th St. (Vickers Rd.)
U. S. #1 west .4 miles
58th Avenue
Patching
South Gifford lift station
88th Court (Days Inn)
SR 60 north .2 Miles
12th Street
27th Ave. to 43rd Ave.
3rd Court (Rockridge)
14th St. to 16th St.
9th St., S.W. (Oslo Rd.)
27th Ave. to 43rd Ave.
43rd Avenue
9th St., S.W. (Oslo)
to 8th St.
4th Street
12th Ave. to 43rd Ave.
0cyj
AVA:ms
2.0 Miles
2.6 Miles
.2 Miles
.4 Miles
.5 Miles
.2 Miles
.2 Miles
1.0 Mile
.25 Mile
1.0 Miles
2.0 Miles
2.0 Miles
12.35 Miles
CHANGE ORDER #3 - KINGS HIGHWAY & SR -60 INTERSECTION IMPROVEMENTS
The Board reviewed the following memo dated 7/1/87:
50
TOTHE HONORABLE MEMBERS OF DATE: July 1, 1987 FILE:
THE BOARD OF COUNTY COMMISSIONERS
THROUGH:
Charles P. Balczun
County Administrator
SUBJECT: Change order #3
Ring's Highway & Route 60
Intersection Improvements
FROM: Ralph N. Brescia, P.E. REFERENCES:
County Engineer
DESCRIPTION AND CONDITIONS
The above contract requires an adjustment of eleven water valve
boxes so as to meet the proper pavement elevation. This requirement was
not included in the original bid documents but is necessary for smooth
traffic flow.
RECOMMENDATION AND FUNDING
Staff recommends that the valve boxes be adjusted for a total cost
of $715.00 as per the contractors request (see attached).
The funding for this change order should be taken from 109-142-541.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bowman, the Board unanimously approved
Change Order #3 in the amount of $715 for 11 valve
boxes for the Intersection Improvements on Kings
Highway & SR -60, as recommended by County Engineer
Brescia.
51 BOOK.
UL T9 87
AL 71987 8m.. ,�;_ .13
PROJECT: CHANGE ORDER NUMBER: Three (3 )
(name, address)
INI11Afl()N DATE: 6/24/87
TO (Contractor):
F ARCHITECT'S PROJECT NO: 8430
Dickerson Florida, Inc. CONTRACT FO R:
P.O. Drawer 719 Road Widening
Stuart, Florida 33495
L J CONTRACT DATE: December 16, 1986
You are directed to make the following changes In this Contract:
Bid Item #425-8
Adjust eleven water valve boxes @ $65.00 each for a
total of $715.00 as per instruction from Director of
Public Works.
Not valid until signed by both the Owner and Architect.
Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time.
The original (Contract Sum) (QDw=1=(k :#xt{tMWX;C..XW was ........................... $ 3§2,457.80
Net chinge.by previously authorized Change Orders ................................ $ 2160.00 '
The (Contract Sum) (ZKXa=e1t*M1d=w)6o3dkprior to this Change Order was .......... $ 394,617.80
The (Contract Sum) will be (increased) (4#)x(lg
bythis Change Order......................................................... $ 715.00
The new (Contract Sum) QW$d including this Change Order will be ... S 395,332.80
The Contract Time will be NixisX29 I epMXA) (unchanged) by ( ) Days.
The Date of Substantial Completion as of the date of Ibis Change Order therefore is Same
Indian Ri
A 184T0t T25th Street
Address
Vprn RpAr'h,F1 nr i rlq .32260
8Y .�
alph N. 8rescia, P.E
DATE
Authorized:
Dickerson Fl ori da Inn __ -Indian ie_Cb=ty
CC)NTRAt OR U NER
P.O. Drawer 719 1140 25th S-treet_
Ad s Address
tit
AIA DOCUMENT G791 • CHANUE ORUER A
THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW
2960
jD30 $h -ItAU Don C. ScurlooJr.
T
1978 t0I110N • AIA• • u Pl'n
C AVE.. N.W., WASHINWUN, U.(. 114Nb 6701-1978
WORK AUTHORIZATION #14 - ADDITIONAL ENGINEERING COSTS FOR
CONNECTION OF NORTH AND SOUTH WATER SYSTEMS
_The Board reviewed the following memo dated 6/29/87:
52
01strlUtillon tu:
ORDER
UV%NtR
AkCHII ECI
C7
AIA 00C1J&J1N7 G701
CONTRACTOR
CJ
I IEI U
1.1
c)1IILK
L.J
PROJECT: CHANGE ORDER NUMBER: Three (3 )
(name, address)
INI11Afl()N DATE: 6/24/87
TO (Contractor):
F ARCHITECT'S PROJECT NO: 8430
Dickerson Florida, Inc. CONTRACT FO R:
P.O. Drawer 719 Road Widening
Stuart, Florida 33495
L J CONTRACT DATE: December 16, 1986
You are directed to make the following changes In this Contract:
Bid Item #425-8
Adjust eleven water valve boxes @ $65.00 each for a
total of $715.00 as per instruction from Director of
Public Works.
Not valid until signed by both the Owner and Architect.
Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time.
The original (Contract Sum) (QDw=1=(k :#xt{tMWX;C..XW was ........................... $ 3§2,457.80
Net chinge.by previously authorized Change Orders ................................ $ 2160.00 '
The (Contract Sum) (ZKXa=e1t*M1d=w)6o3dkprior to this Change Order was .......... $ 394,617.80
The (Contract Sum) will be (increased) (4#)x(lg
bythis Change Order......................................................... $ 715.00
The new (Contract Sum) QW$d including this Change Order will be ... S 395,332.80
The Contract Time will be NixisX29 I epMXA) (unchanged) by ( ) Days.
The Date of Substantial Completion as of the date of Ibis Change Order therefore is Same
Indian Ri
A 184T0t T25th Street
Address
Vprn RpAr'h,F1 nr i rlq .32260
8Y .�
alph N. 8rescia, P.E
DATE
Authorized:
Dickerson Fl ori da Inn __ -Indian ie_Cb=ty
CC)NTRAt OR U NER
P.O. Drawer 719 1140 25th S-treet_
Ad s Address
tit
AIA DOCUMENT G791 • CHANUE ORUER A
THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW
2960
jD30 $h -ItAU Don C. ScurlooJr.
T
1978 t0I110N • AIA• • u Pl'n
C AVE.. N.W., WASHINWUN, U.(. 114Nb 6701-1978
WORK AUTHORIZATION #14 - ADDITIONAL ENGINEERING COSTS FOR
CONNECTION OF NORTH AND SOUTH WATER SYSTEMS
_The Board reviewed the following memo dated 6/29/87:
52
DATE: JUNE 29, 1987
TO: BOARD OF COUNTY COMMISSIONERS
THRU: TERRANCE G. PINTO --'I
VIEERVICES
DIRECTOR OF UTILITY
FROM: JEFFREY K. BARTONC'
ASSISTANT DIRECTOR OF UTILITY SERVICES
SUBJECT: 20" DIAMETER POTABLE WATER MAIN ON KINGS HIGHWAY,
LINDSEY ROAD, S. GIFFORD ROAD, AND 43RD AVENUE WORK
AUTHORIZATION #14
BACKGROUND
Indian River County's Water Master Plan has proposed the connection
of our North and South System. Work Authorization #14 is for the
engineering to accomplish that goal. Along with the interconnection,
the Grand Harbor water line will be constructed. To date, through
the developers agreement, Grand Harbor has paid water impact fees in
the amount of $285,000 along with a letter of credit for $855,000 to
help construct the water line. Grand Harbor's funds are for the
first 1,000 ERU connections out of 2,800 (plus or minus) connections
for Grand Harbor build out. The work authorization for this project
includes two phases:
Phase I: The lines north on Kings Highway to Lindsey Road, then
east along Lindsay Road to 28th Court with the
interconnections to our present Gifford System on
South Gifford Road and 43rd Avenue south from Lindsay
Road.
Phase II: The continuation of the 20" water line north on Kings
Highway between Lindsay Road and South Winter Beach
Road.
The following is the engineers breakdown estimate of construction
costs, costs to design the project, and the project budget for Phase
I and Phase II:
Engineering $104,800
Construction of Phase I $1,316,000
Construction of Phase II $563,000
Total $1,984,400
RECOMMENDATION•
Utility Staff recommends to the Board of County Commissioners that
the Board authorize the Chairman to execute Work Authorization #14,
to design Phase I and Phase II as outlined and prepare the documents
to receive the bids for both phases of the project. Funding has been
placed in the 1987 - 1988 budget as a transfer from impact fees.
Utilities Director Terry Pinto explained that this is part
of our master plan. It is the responsibility of Grand Harbor to
build their lines to the water tower, and their impact fees will
go towards the construction of the line. This will discontinue
the water allocation that we have with the City of Vero Beach for
servicing the Gifford area, which will be hooked up to county
WL 1I
BOOK / 'rQ
water. Ultimately, under the long-range master plan, this line
will continue through Grand Harbor and then take Indian River
Boulevard back south all the way through the City of Vero Beach
and come out on U.S. #1, which will be a total loop to the
system. Under the second phase, 58th Avenue will continue to run
north to the new water plant when it is built, and everything
will be inter -connected. Director Pinto felt it is a very good
plan and asked for the Board's approval today to design and bid
Phase I and approval for just the designing of Phase 11. The
bidding for Phase II construction will come back to the Board
depending on how Phase I goes.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bowman, the Board unanimously approved
Work Authorization #14 with Masteller & Moiler for the
design of Phase I and Phase ll, as outlined in the
above memo, and authorized staff to prepare documents
to receive bids for Phase I the project, as recommended
Director Pinto.
EXHIBIT FOR WORK AUTHORIZATION •14
100 t.AT10 C010OLTINO 110TI611
H11ASTRLON i MOM" Ag130ClATe6. INC.
WI ea•rll.ouorm•wwewr.Iq
54
• �.
`i •• ' 1
•
w �t
'
1
v c.�. .r
-PHASE U- 8-111
t� �,_ a •1
HE G-110
^
..Tu•.AIN \
• 1d
'
_
q♦ Dom'♦
AS%�I!•
R..
�•, ..
EXHIBIT FOR WORK AUTHORIZATION •14
100 t.AT10 C010OLTINO 110TI611
H11ASTRLON i MOM" Ag130ClATe6. INC.
WI ea•rll.ouorm•wwewr.Iq
54
Consulting engineering design services relative to construction of
approximately 26,000 linear feet of 20" diameter water main from Kings
Highway and Route #60, north along Kings Highway to Lindsey Road and east
along Lindsey Road from Kings Highway to 28th Court. Project shall also
include construction of 4,750 linear feet of 16" diameter water main.from
Kings Highway east along South Gifford Road for connection to the
existing 8" diameter line west of 43rd Avenue and 1,850 linear feet of
12" diameter water main from Lindsey Road south along 43rd Avenue for
connection to the existing 6" diameter water main termination. The
project will include construction of fire hydrants, valves, canal
crossings and appurtenances. Construction cost estimate for the project,
including 10% contingency, is 51,316,000.00. _
B. PHASE II
Title: 20" Diameter Potable Water main on Kings Highway north of
Lindsey Road to South Winter Beach Road.
Consulting engineering design services relative to construction of
approximately 13,700 linear feet of 20" diameter water main from Kings
Highway and Lindsey Road north along Kings Highway to the intersection of
South Winter Beach Road. The project will also include construction of
fire hydrants,' valves, canal crossings and appurtenances. Construction
cost estimate for the project, including 10% contingency, is $563,600.00.
II. SCOPE OF SERVICES AND LUMP SUM FEE FOR SERVICES
Reference is made to the "Agreement for Professional Services" dated July
2, 1986, and specific Article numbers and paragraph numbers which are
listed hereunder to describe the scope of services included on this
project.
A. Project Design Services per Article 4, Paragraph 4a. and 4b.
B. General Services During Construction per Article 5, Paragraph Sa. and
5b.
C. Supplementary and Soecial Services per Article 6, Paragraph
6c.,6d.,6e.,6f., and 6g. In addition, our services shall include field
surveys necessary for design and preparation of construction plans and
assistance to the County in obtaining verious permits and approvals for
construction (permit fees to be paid by the County).
BOOK G i*i- 140-
INDIAN RIVER
COUNTY
C..
Date: June
9, 1987 Work
Authorization
No. 14 for Consulting Services
Project No.
14 County).
(Masteller
& Moler Associates, Inc.)(WATER)-
I. PROJECT
DESCRIPTION
A. PHASE I
Title: 20".
Diameter Potable
Water,Main on Kings Highway, Lindsey Road,
S. Gifford
Road and 43rd
Avenue.
Consulting engineering design services relative to construction of
approximately 26,000 linear feet of 20" diameter water main from Kings
Highway and Route #60, north along Kings Highway to Lindsey Road and east
along Lindsey Road from Kings Highway to 28th Court. Project shall also
include construction of 4,750 linear feet of 16" diameter water main.from
Kings Highway east along South Gifford Road for connection to the
existing 8" diameter line west of 43rd Avenue and 1,850 linear feet of
12" diameter water main from Lindsey Road south along 43rd Avenue for
connection to the existing 6" diameter water main termination. The
project will include construction of fire hydrants, valves, canal
crossings and appurtenances. Construction cost estimate for the project,
including 10% contingency, is 51,316,000.00. _
B. PHASE II
Title: 20" Diameter Potable Water main on Kings Highway north of
Lindsey Road to South Winter Beach Road.
Consulting engineering design services relative to construction of
approximately 13,700 linear feet of 20" diameter water main from Kings
Highway and Lindsey Road north along Kings Highway to the intersection of
South Winter Beach Road. The project will also include construction of
fire hydrants,' valves, canal crossings and appurtenances. Construction
cost estimate for the project, including 10% contingency, is $563,600.00.
II. SCOPE OF SERVICES AND LUMP SUM FEE FOR SERVICES
Reference is made to the "Agreement for Professional Services" dated July
2, 1986, and specific Article numbers and paragraph numbers which are
listed hereunder to describe the scope of services included on this
project.
A. Project Design Services per Article 4, Paragraph 4a. and 4b.
B. General Services During Construction per Article 5, Paragraph Sa. and
5b.
C. Supplementary and Soecial Services per Article 6, Paragraph
6c.,6d.,6e.,6f., and 6g. In addition, our services shall include field
surveys necessary for design and preparation of construction plans and
assistance to the County in obtaining verious permits and approvals for
construction (permit fees to be paid by the County).
BOOK G i*i- 140-
JUL 71987 BOOK 68 741
A
D. Payment for Services per Article 8, Paragraph 8b. and.8d., the Lump
Sum fee for Article 4, Paragrahps 4a. and 4b. is as follows:
Phase I: $ 71,000.00
Phase II: $ 33,800.00
For Article 5, Paragraphs 5a.and 5b. and Article 6, Paragraphs
6.,6d.,6e.,6f., and 6g. payment shall be based on Article 8, Paragraph
8a.(1) and 8d. with required inspection services to be billed at an
hourly rate of $40.00. (NOTE: It is estimated that the project
construction will take 350 hours for Phase I and 180 hours for Phase II. -
Therefore, $14,000.00 should be budgeted for Phase I inspection and
$7,200.00 should be budgeted -for Phase II inspection. However, the
actual inspection expense for..either phase shall be based on the actual
hours required multiplied by $40.00 per hour).
APPROVED BY:
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
By tiG
Don C. Scurlock, Jr.
Chairman
Date 7-7-97
APPROVED/FOR UTILIT
TTERS:
"re rranoqj `G'." Pinto U ' I
Director of Utility Services
SUBMITTED BY:
MASTELLER & MOLER ASSOCIATES, INC.
By
Ea H. Masteller, P.E.
President
0.
PAYMENT OF INTERIM MEDICAL EXAMINER
The.Board reviewed the following memo dated 6130187:
TO: Board of County Commissioners
FROM: Charles P. Vitunac, County Attorney
DATE: June 30, 1987
RE: AGENDA - BCC MEETING 7/7187
COUNTY ATTORNEY'S MATTERS
MEDICAL EXAMINER
Pursuant to the attached letter from Martin County, Indian
River County Is being asked to approve the proposed
procedure for payment of an interim Medical Examiner until
Dr. Walker's permanent replacement is on duty.
The suggested procedure is for the St. Lucie County Clerk to
pay the bills, and we, therefore, request the Board adopt a
resolution authorizing this concept.
56
Attorney Vitunac explained that with this procedure, St.
Lucie County will pay the bills under an internal audit until the
new Medical Examiner is in office, and they want our approval in
the form of a resolution. He advised that the proposed payment
procedure will not change the budget in any way as the budget
question is still to be resolved.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Eggert, the Board unanimously adopted
Resolution 87-62, regarding payment of expenses for the
Medical Examiner.
JUL Y .1987 57 BQOK 8 F,IFUF_ 4
BOCK F;s 32
RESOLUTION NO. 87- 62
A RESOLUTION OF INDIAN RIVER COUNTY REGARDING
PAYMENT OF EXPENSES FOR THE MEDICAL EXAMINER.
WHEREAS, the Board of County Commissioners of Indian
River County, Florida, contributes Its share of the annual
budget for the Nineteenth District Medical Examiner in
twelve equal payments to the Medical Examiner; and
WHEREAS, the fees, salaries, and expenses of the
Medical Examiner's Office have been paid by the Medical
Examiner from his budgeted funds; and
WHEREAS, Leonard Walker's term as Medical Examiner ends
June 30, 1987, and a new Medical Examiner will not be
appointed by the Governor for a period of months; and
WHEREAS, the Clerk of the Circuit Court for St. Lucie
County, through its Finance Director, has offered to
undertake the -responsibility of disbursing payments for
continuation of the Medical Examiner's Office until a new
Medical Examiner is formally appointed;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the
Board hereby authorizes the Clerk of the Circuit Court for
St. Lucie County, through its Finance Officer, to pay Indian
River County's share of al necessary and appropriate fees,
salaries, and expenses of the Nineteenth District Medical
Examiner's Office out of funds budgeted for that purpose.
The foregoing resolution was offered by Commissioner
Wheeler who moved its adoption. The motion was seconded
by Commissioner Eggert 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
The Chairman thereupon declared the resolution duly
passed and adopted this 7th day of July, 1987.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Atte ,t;/;,,' Y Don C. bcurloc ,
Chairman
A.
r a r l,g t; r
v,Qd,O,,
Approved as to form CJ App oved for Administrative
and legal sufficiency: ma S.
7
,
Charles P. Vitunac r P. BalcxMA'
County Attorney County Administrator
58
r
TRI -COUNTY COUNCIL OF LOCAL GOVERNMENTS
The Board reviewed the following memo dated 6/30/87:
TO: Board of County Commissioners
FROM: Charles P. Vitunac, County Attorney
DATE: June 30, 1987
RE: AGENDA - BCC MEETING 7/7/87
COUNTY ATTORNEY'S MATTERS
TRI -COUNTY COUNCIL OF
LOCAL GOVERNMENTS
As the Board directed, the County Attorney's Office
contacted St. Lucie County and requested that they rewrite
the Tri -County Agreement to delete all references to
assessments.
The attached agreement reflects this change and is presented
to the Board for its adoption.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Wheeler, the Board unanimously adopted
Resolution 87-63, a joint agreement to establish a
tri -county council of local governments.
L V 1937 59 8o0 `euE-141
RESOLUTION 87-63
BOOK
AGREEMENT TO ESTABLISH
TRI -COUNTY COUNCIL OF LOCAL GOVERNMENTS
A JOINT RESOLUTION BY AND BETWEEN THE CITY OF
FORT PIERCE, TUB CITY OF PORT ST. LUCIE, THE
CITY OF.: STUART, .THE CITY OF VERO BEACH,
FLORIDA MUNICIPAL CORPORATIONS; INDIAN RIVER
COUNTY, MARTIN COUNTY, AND ST. LUCIE COUNTY,
SUBDIVISIONS OF THE STATE OF FLORIDA; FOR THE
ENACTMENT AND ESTABLISHMENT OF A COUNCIL OF
GOVERNMENTS; PROVIDING FOR''THE MEMBERSHIP#
POWERS AND ADMINISTRATION OF SUCH COUNCIL;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the residents of*the-area surrounding and proximate
to the Treasure Coast, in the State of Florida are served by
seven separate govenmental entities: the municipalities of Fort
Pierce, Port St. Lucie, Stuart, and Vero Beach; and the Counties
of Indian River, Martin, and St. Lucie, (hereinafter referred to
as "the Governments"); and
WHEREAS,- the -governments have. many interrelating problems
and needs which -would best be resolved on a cooperative community
basis, rather than separate action; thus reducing duplication of
costs and services; and
WHEREAS, Chapter 69-69 of the Laws of the State of Florida
provides for the creation of voluntary councils of local county
and municipal public officials for the cooperative resolution of
area and community problems;
NOW, THEREFORE, BE IT RESOLVED BY THE THE BOARD OF COUNTY
COMMISSIONERS OF -INDIAN RIVER COUNTY,. FLORIDA; THE BOARD OF
COUNTY COMMISSION= OF MARTIN COUNTY# FLORIDA; THE BOARD OF
COUNTY COMMISSION= OF ST. LUCIE COUNTY, FLORIDA; THE CITY
COMMISSION OF FORT PIERCE, FLORIDA;
THE
CITY COUNCIL OF
PORT
ST.
LUCIE, FLORIDA; THE CITY COMMISSION
OF
STUART# FLORIDA;
AND
THE
CITY COUNCIL OF VERO BEACH, FLORIDA, THAT:
SECTION 1. ESTABLISHMENT
The Governments hereby establish and agree to a Council of
their respective governments in accordance with Chapter 69-69 of
the Laws of the State of Florida and the terms of this Joint
Resolution. ,
. .. �fx..�,�,:'7 •. .r•%'Jt4wIYit
SECTION 2. NAME
The name of the Council shall be "The Tri -County Council of
Local Governments", (hereinafter referred to as "the Council").
SECTION 3. REPRESENTATION ON COUNCIL
The representative, from each member local government shall
be the elected chief executive of. said local government; or, if
such government does not have an. elected chief executive, a 1
member of its-- governing body chosen by such body to be its
representative.
Each member, through their duly authorized representative,
shall have one -vote.
Any member may withdraw from the Council and General
Assembly upon sixty (60) days notice to the Council, subsequent
to formal action by the member's governing body.
SECTION 4. REPRESENTATION ON GENERAL ASSEMBLY
All elected •city and county off icials from the Governments
as defined above shall be members of the General Assembly. The
General Assembly shall meet at least annually and shall elect the
Chairman and -Vice Chairman of the Council.
SECTION 5. PURPOSES
The purposes of the Council shall be to study such area
governmental -problems as it deems appropriate, including but not
limited to matters affecting health, safety, welfare, education, -
economic conditions,and area development; promote cooperative
arrangements and coordinate action among its members; and make,
recommendations for review and action to the members and other
public agencies that perform local functions and services within
the area.
SECTION 6. FINANCE AND ADMINISTRATION
(a) The council may accept funds, grants, gifts, and
services from the State of Florida; from any other governmental
unit whether participating in the council or not, from the
government of the United States and from private and civic
sources.
JUL 1.1997 , -2-
.BOOK...
2-
.BOOS.
j L i
• •� ���� BOOK ; ,�U,
7
747
jUL--
_
(b) Each representative shall have the duty to regularly
report council matters to its member government. The Council
shall make an annual public report. of its activities to each of
the member local governments and shall have its accounts audited
annually.
SECTION 7. BYLAWS
The Council' shall adopt bylaws designating the officers of
the Council and providing for the conduct of its business.
SECTION 8. AMENDNENT
This resolution and the agreements thereby effected may only
,
be amended by a joint .resolution of the governing bodies of all
members.
SECTION 9. EFFECTIVE DATE ,
This resolution shall become effective upon passage by the
governing bodies of all members in accordance with law.
ata•�•i Pqr i.
-.i •.
87-63this 7th.,��.�
PASSED AND ADOPTED by Resolution Number ,.
� T' ':
•IFti.
�
day of July , 1987
t;A
41,;
1�
BOARD OF COUNTY C0=ISSIONERS
;` ' ;' . , .: `' . :
ATTEST: INDIAN RIVER COUNTY, FLORIDA
.. /'-
,
i 1
�_ _ By: /
CLERK ..•
• APPROVED AS TO FORS! AND
.07 CORRECTNESS:
„Q
:�. RNEY
COUNTY ATTO
�.- 6
PASSED AND ADOPTED by Resolution Number ,.__ this
I
day of , 1987.
BOARD OF COUNTY COMISSIONERS
ATTEST: MARTIN COUNTY. FLORIDA
.... - By.
CLERK — CHAIRMAN
APPROVED AS TO FORK AND
CORRECTNESS:
COUNTY ATTORNEY
a
LAWSUIT -- BENT PINE UTILITIES vs. INDIAN RIVER COUNTY
The Board reviewed the following memo dated 7/1/87:
TO: Board of County Commissioners
FROM: Charles P. Vitunac, County Attorney
DATE: July 1, 1987
RE: AGENDA - BCC MEETING 7/7/87
COUNTY ATTORNEY'S MATTERS
BENT PINE UTILITIES v.
INDIAN RIVER COUNTY LAWSUIT
The County was served with a lawsuit today filed by Bent
Pint Utility Corp. against the Indian River County as well
as Don C. Scurlock, Jr. personally and Terrance G. Pinto
personally.
Pursuant to §111.07, Florida Statutes, the County is
authorized to provide attorneys' representation at the
County's expense for employees who are sued as a result of
their employment. Pursuant to this state authorization, the
County has adopted a local ordinance requiring that such
representation be provided. State law further provides that
if the employee is found liable as a result of acting in bad
faith, with malicious purpose, or in a manner exhibiting
wanton and willful disregard of human rights or property,
that the County may seek reimbursement of the attorneys'
fees from the employee. l recommend that Commissioner
Scurlock and Mr. Pinto each hire his own outside council to
be paid for by the County.
Concerning the defense of the County, I will be a witness in
the case and, thus, may not be allowed to handle the
County's representation. We will send the case to the
County's insurance carriers to see 1f it will be handled
under our normal procedures.
Attorney Vitunac recommended that the Board authorize the
hiring of private attorneys for Commissioner Scurlock and
Utilities Director Terry Pinto. He pointed out that the Board
has adopted that policy in the past, and it is authorized by the
State also. If Commissioner Scurlock and Mr. Pinto lose the
case, the Board can go back and get the attorney fees; however,
he felt it is highly unlikely that they would lose the case.
Commissioner Eggert asked if Attorney Vitunac would be
representing the County, and Attorney Vitunac advised that he has
sent the case to our insurance company as he expects to be called
as a witness for Commissioner Scurlock and Mr. Pinto.
63
4S,
s
,JUL
Boa 68 rv),F 74S
MOTION WAS MADE by Commissioner Wheeler, SECONDED by
Commissioner Eggert, that the Board approve the payment
of outside attorney fees for Chairman Scurlock and
Utilities Director Pinto in regard to the Bent Pine
Utilities lawsuit.
Under discussion, Bill Koolage. 815 26th Avenue, was
concerned about what he has been reading in the newspaper about
the lawsuit against the County by Bent Pine Utilities, and felt
that we have to support the Commissioners in this matter 1000.
He hoped, however, that this Commission would never again enter
into these kind of agreements with private utility plants.
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
was voted on and carried unanimously
AUDIT SELECTION COMMITTEE RECOMMENDATION
The Board reviewed the following memo dated 7/1/87:
TO: Board of County Commissioners
FROM: Don C. Scurlock, Jr.,
Chairman
RE: Audit Selection Committee Recommendation
DATE: July 1, 1987 a
At the June 29, 1987 meeting of the Audit Selection Committee,
three public accounting firms were selected to provide auditing
services. The Committee ranked the three firms in order of
preference as follows:
1. Coopers & Lybrand
2. Arthur Young
3. Deloitte, Haskins & Sells
Section 11.45, Florida Statutes, requires the Board of County
Commissioners to negotiate a contract with one of the firms for
the provision of auditing services. I would like to establish a
negotiating committee composed of myself, Charles Balczun,
Charles Vitunac, Joe Baird and Ed Fry to arrive at a contract
with one of the three ranked firms and then bring the contract to
the Board for final approval.
64
Chairman Scurlock advised that all three firms made
excellent presentations, and while Arthur Young (formerly May
Zima, Inc.) has done a fine job for us over the years, Coopers 8
Lybrand offer more than just auditing services, i.e. rate
analyses, coordination with the IBM -38, in data processing. The
Committee would like to investigate the scope of services that
would benefit this county. The ranking was done on auditing, but
all of the firms covered other services in their presentations.
Comnissioner Eggert wished to see what the other services
would be and the hourly rates before giving approval to any
additional services, and Chairman Scurlock advised that any
additional services other than auditing would be brought back to
the Board for approval.
MOTION WAS MADE by Commissioner Eggert, SECONDED by
Commissioner Bowman, that the Board authorize the
negotiation of a contract for auditing services,
starting with Coopers 8 Lybrand.
Bill Koolage, 815 26th Avenue, recommended that the Audit
Selection Committee make sure that the people who made the
presentations are the same people who will be servicing the
account and not just the big wigs that a firm sends out to sell
the contract. He also cautioned the County to keep the various
services disassociated because he has not seen an auditing firm
yet that has not tried to first get in the door with the auditing
services and then sell all their other services.
Chairman Bird assumed that the rest of the Commissioners had
received a copy of a letter from Keith Morgan of Peat Marwick &
Co, asking why they had not reached the short list.
Chairman Scurlock said that he personally called and
explained that their firm was way over bid. In fact, out of the
8 resumes received, he felt the firm probably would have been
listed as #8.
JUL W. 9 % 65 ROOK `rAIj (�ly
r- -7
JUL 7 1987 BOOK CS pi, E 151
THE CHAIRMAN CALLED FOR THE QUESTION. The Motion
was voted on and carried unanimously.
CONSULTANT FOR LIBRARY BUILDING PROGRAMS
The Board reviewed the following memo dated 7/1/87:
MEMORANDUM
TO: Board of County Commissioners
FROM: Carolyn R. Eggert, Chairman
Public Library Advisory Board
DATE: July 1, 1987
SUBJECT: Consultant for Library Building Programs
On Thursday, June 25, 1987, the Public Library Advisory
Board voted to recommend to the Board of County Commissioners
the firm of HBW, of Dallas, Texas, for a price of:
Library Building Programs $18,520.75
Methodologies 15,027.63
Total $33,548.38
County Administrator Charles Balczun is to negotiate with
Mr. Waters of that firm on the number of days he is to be in
Indian River County.
HBW is a highly respected firm in the development of library
building programs, and. they have recently done excellent work in
South Florida.
I recommend to the Board of County Commissioners that HBW be
approved as the Building Program Consultant and that the Chairman
be authorized to sign a contract not to exceed the total listed
above.
Funds are to come from interfund borrowing (with interest)
until the bond money is available.
66
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board unanimously approved
the hiring of library consultant HBW of Dallas, Texas
in the amount of $33,548.38, plus additional costs
resulting from extra days required to meet with
officials and community groups for the purpose of
receiving input, i.e. food and hotel expenses for
approximately 3 days.
ALS GRANT
Commissioner Eggert advised that we have a potential of
getting an ALS grant from the Medical Emergency Services Trust,
and our share would be approximately $38,499.03. This grant
money has to be used for new equipment and/or pre -hospital
services. With the Board's approval, she would have Doug Wright
of Emergency Services look this over and see what we can get and
bring a recommendation back to the Board.
INDIGENT HEALTH CARE PROGRAM
Commissioner Eggert advised that she will be meeting with the
hospital taxing group this week to try to determine exactly what
the county must do and what is suggested that they do with
respect to recent State legislation, and would be bringing a
report back to the Board.
There being no further business, on Motion duly made,
seconded and carried, the Board adjourned at 11:30 o'clock A.M.
ATTEST:
Clerk
Ch a i rma n
67
JUL 7.1997 BOOK 752"