HomeMy WebLinkAbout11/24/1987Tuesday, November 24, 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,
November 24, 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 Virginia Hargreaves, Deputy Clerk.
The Chairman called the meeting to order, and Commissioner
Wheeler led the Pledge of Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Commissioner Eggert requested the addition of a request for
a public hearing on a proposed Emergency Medical Services
Ordinance under her matters.
Commissioner Bird asked that authorization for out -of -county
travel for him to attend a Rural Affairs Policy Committee meeting
in Orlando be added to the Consent Agenda.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bowman, the Board unanimously added items
to the agenda as described above.
APPROVAL OF MINUTES
The Chairman asked if there were any additions or correc-
tions to the Minutes of the Regular Meeting of November 3, 1987.
There were none.
NOV 2 4 19087
BOOK 70 r'�
Fr--
,NOV 2 41987
800K 70 PA;E 144
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bowman, the Board unanimously approved the
Minutes of the Regular Meeting of November 3, 1987,
as written.
CONSENT AGENDA
Commissioner Eggert asked that Items C and Item L be removed
from the Consent Agenda for discussion, and Chairman Scurlock
asked that Item N be removed also.
A. 8 B. Reports
The following reports were received and placed on file in
the Office of Clerk to the Board:
Month to date report by last name - month of October
Traffic Violation Bureau, Special Trust Fund, October;
1987 - $40,936.08
Functional Classification of Various Roadway Systems
including the State Highway System, County Road System,
and City Street System - Florida D.O.T.
C. Bid #376 - Annual Contract - Bahia 8 St. Augustine Sod
The Board reviewed memo from the Public Works Director:
TO: The Honorable Members of the DATE: November 12, 1987 FILE:
Board of County Commissioners
THROUGH:
Charles P. Balczun,
County Administrator
FROM: James W. Davis, P.E,C
Public Works Director
DESCRIPTION AND CONDITIONS
SUBJECT: Indian giver County Bid #376 -
Road and Bridge Dept. Annual
Contract - Bahia and
St. Augustine Sod
REFERENCES:
The annual contract for sod was rebid with bids received Nov. 4, 1987. Two
bids were received as follows
2
Item
Florida Sod Co
Sod Laid, Inc.
Vero Beach
Vero Beach
1)Bahia
(Pensacola) installed
.0970/SF
No Bid
2)
Bahia (Argentine) installed
.097 /SF
.088G/SF
3)
Floratam - installed
.1230/SF
.124/SF
4)
St. Augustine - installed
No Bid
.124/SF
5)
Bitter Blue - installed
.1230/SF,
.1550/SF
6)
Bahia (Pensacola) - picked up by Co.
.0770/SF
No Bid
7)
Bahia (Argentine) - picked up by Co.
.0770/SF
.06WSF
8)
'Floratam - picked up by Co.
.1550/SF
.1040/SF
9)
St. Augustine - picked up by Co.
No Bid
.104/SF
10)
Bitter Blue - picked up by Co.
.115/SF
.1350/SF
• a * i m iM 4 , 10
It is recamiended that the bid be awarded to Sod Laid, Inc. Since the
County uses Argentine Bahia installed and Floratam installed on most
projects. Funding to cane from 173 - Petition Paving or Fund 111, Road &
Bridge Dept.
Commissioner Eggert noted that the Floratam was lower and
just wasn't sure if this is an equal amount of each kind or
whether staff suggested Sod Laid because Bahia Augustine was by
far their greatest purchase.
Public Works Director Davis confirmed that was the case;
they use Bahia installed probably more than any of the other
brands of sod bid.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Wheeler, the Board unanimously awarded
Bid #376 for Argentine Bahia and Floratam as
recommended by staff and as set out in the above
memo.
D. C.O.#2 & Final_Payment_12th_St. _& Commerce Ave_ Improvements
The Board reviewed memo of the Assistant Utility Director:
3 BOOK 70 F,�,UE 145
NOV 241 7 4
NOV 2 4 1987
noK .70 FacE 146
TO: BOARD OF COUNTY COMMISSIONERS DATE: NOVEMBER 16, 1987
THRU: TERRANCE G. PINTO QQ��
DIRECTOR OF UTILITY S�RVICES
FROM: JEFFREY K. BARTON
ASSISTANT DIRECTOR OF UTILITY SERVICE
SUBJECT: CHANGE ORDER 42 & FINAL PAYMENT
12TH ST. & COMMERCE AVENUE IMPROVEMENTS
INDIAN RIVER COUNTY PROJECT NO. UW -86 -11 -DS
BACKGROUND
Indian River County Project #UW -86 -11 -DS - 12TH STREET & COMMERCE
AVENUE IMPROVEMENTS - was begun by the County as part of the 12TH
Street Improvements. The project was designed and bid, with Coastline
Utilities being the low bidder, with a contract price of $292,292.00,
after your approval of Change Order #1.
Upon completion of the project when quantity extensions are reviewed
as to materials used on the project, a change order is necessary to
adjust the contract price.
Attached is Change order #2 for a decrease in the contract price of
$22,470.95.
The new adjusted contract price is $269,821.05 and the Project Funding
is through Account #471-000-169-024.00.
RECOMMENDATION
Staff recommends to the Board.>of.County Commissioners the following:
1. Authorize Chairman to sign Change Order #2.
2. Authorize staff to pay final payment request.
3. Authorize staff to release retainage upon the completion
of the punch list items and upon the receipt of a 1 year:
maintenance bond.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bowman, the Board unanimously approved
Change Order #2 (Coastline Utilities/Masteller &
Moler) reducing the contract as set out above;
authorized payment of the final payment request;
and authorized release of retainage upon completion
of the punch list items and receipt of a 1 -year
maintenance bond.
4
CONTRACT CHANGE ORDER
CHANGE ORDER NO. 2 PREVIOUS CONTRACT PRICE $2,92.292.010
DATE: October 22,1987 REVISED CONTRACT PRICE $269,821.05
JOB NAME Indian River County Project No UW86-11-DS
Potable Water Main/12th Street & Commerce Avenue
OWNER: Indian River Count
ITEM
DESCRIPTION
UNIT
PRICE
PREVIOUS
UNITS
PREVIOUS
TOTAL
PRICE
UNIT
CHANGE
PRICE
CHANGE
REVISED
TOTAL
PRICE
1.
Mobilization
LS
1.0
15,000.00
---
---
$15,000.00
2.
1611¢ Water Main
31.60
3000 LF
94,800.00
-(306)
(9,669.60
85,130.40
3.
12" 0 Water Main
23.90
1500 LF
35,850.00
-(114)
(2,724.60
33,125.40
4.
10" 0 Water Main
21.25
15 LF
318.75
-( 10)
( 212.50
106.25
5.
8" 0 Water Main
17.00
150 LF
2,550.00
---
---
2,550.00
6.
6" 0 Water Main
14.65
265 LF
3,882.25
-( 35)
( 512.75
3,369.50
7.
2" W Water Main
4.50
150 LF
675.00
-(110)
( 495.00
180.00
8.
16" 0 BF Valve
1700.00
3 Units
5,100.00
---
---
5,100.00
9.
12" ¢ Gate Valve
1650.00
3 Units
4,950.00
---
---
4,950.00
10.
8" 0 Gate Valve
473.00
3 Units
1,419.00
-( 1)
-(473.00)
946.00
11.
6" 0 Gate Valve
310.00
"9 Units
2,790.00
-( 1)
-(310.00)
2,480.00
12.
Fire Hydrant
700.00
7 Units
4,900.00
---
---
4,900.00
13.
12x12 Wet Tap w/1211¢
2350.00
1 Unit
2,350.00
---
---
2,350.00
Tapping Valve
14.
10x10 Wet Tap w/10"¢
1_930.00
1 Unit
1,930.00
---
---
1,930.00
Tapping Valve
15.
6x6 Wet Tap w/6"¢
1130.00
2 Units
2,260.00
-( 1)
(1,130.00
1,130.00
Tapping Valve
16.
30"0 Steel Casing w/
LS
1.0
20,120.00
---
---
20,120.00
161.10WM/12th St. & FEC
RR
17.
30"0 Steel Casing w/
LS
1.0
21,880.00
---
---
21,880.00
16110 WM/12th St. &
U.S. #1
18.
1"O"Long" Svc.Later.
411.00
26 Unit
•10,686.00-
-( 8)
(3,288.00
7,398.00
19.
2"O"Long" Svc.Later.
465.00
13 UnitE
6,045.00
-( 1)
( 465.00
5,580.00
20.
Pvd. Rd Restoration
14.00
430 LF
6,020.00
+152
2,128.00
8,148.00
21.
Non-Pvd Rd. Restor.
5.00
30 LF
150.00
-( 5)
( 25.00
125.00
22.
Pvd Driveway Restor.
14.00.
830 LF
11,620.00
-(104)
(1,456.00
10,164.00
23.
Non-Pvd Drwy Restor.
5.00
265 LF
1,325.00
-(265)
(1,325.00
---
24.
Seed & Mulch
0.50
3375 LF
1,687.50
-(2725)
(1,362.50
325.00
25.
6" Thk, Concrete En-
9.00
100 LF
900.00
-(100)
(900.00)
---
casement of 16" Thk
Diam. Water Main
26.
Remove Ex.Fire
250.00
4 Units
1,000.00
-( 1)
( 250.00)
750.00
Hydrant Assembly
27.
8x8 Wet Tap w/8" Qi
165.00
1 Unit
1,165.00
---
---
1,165.00
Tapping Valve
28.
Modifications To
ump Sum
30,918.50
---
---
30,918.50
Existing Utility Line
at 12th St. & 6th Ave.
Intersection in
Accordance w/Plans.
1292,292.00
22,470.95
269,821.05
CONTRACT CHANGE _ORDER
CHANGE ORDER NO. 2 PREVIOUS' CONTRACT PRICE $292,292.00
DATE: October 22 1987 REVISED CONTRACT PRICE $269.821.05
JOB NAME Indian River County Proi ct No UW 6-11-D
Potable Water Main/1
OWNER:
JUSTIFICATION:
Change Order Reflects Unit Adjustments to As -Built Quanities
BooK 70 P,�,E 147
-11,19877
BOOK 70 PnE 148-
,Amount of the Contract will be (Decreased) (JIX]=.V)W]cQ}) by the sum of:
The Contract Total including this and previous Change Orders will be:
Two Hundred Sixty Nine Thousand Eight Hundred Twenty One Dollars 05/100 ($269.821-0r))
The Contract Period provided for completion will beQ (unchanged):
days.
This document will become a supplement to the Contract and all provisions will apply hereto.
Contractor: i0" ,
Engineer:
Owner.
Date: /O 2 Y— �P7
ivi
1f41u 11W -WWW w rzmo
E. Request for Special Election -_Breezy Village Mobile Home Park
Recre _
ation 61 91rict
The Board reviewed memo from the Supervisor of Elections:
November 17, 1987
TO: HON. DON C. SCURLOCK, JR, CHAIRMAN, BCC
FROM: ANN ROBINSON, SUPERVISOR OF ELECTIONS
RE: ITEM FOR BCC CONSENT AGENDA OF NOVEMBER 24, 1987
The Breezy Village Mobile Home Park Recreation District
has requested that a special election be held by mail
under a new section of the Florida Statutes, 101.6101-
101.6107, entitled "Mail Ballot Election Act."
The new law requires the approval of the Secretary of
State. That has been formally requested for an election
date of January 26, 1988.
My estimate of the cost for the part of the election that
we have agreed to do is $175, so I ask for the BCC to approve
the request for a special election and approve moving $175
from the BCC contingency fund to the special election account,
001-700-519-036.74.
There are fewer than 100 registered voters in Breezy Village.
No polling place, pollworkers, pollworkers' school, etc., are
required for this type of election. Essentially the election
would allow all registered voters to vote by mail similar to an
absentee ballot. This type of election is not allowed when
candidates or a bond referendum are involved.
Thank you.
6
..s_r�.i..m...e.raF�r*rn�
BREEZY VILLAGE ASSOCIATION, INC.
P O BOX 1648
SEBASTIAN, FL 32958
/S lgry ,9 _g7 168
63-8718/2670
1
PAY To
ORDERE /l/! !\v��L•?-i��� Com /-;�i� !.' L i�"C', OG15 $
l "li o7 ll Yt",'I ��?� c"E; �'�''�� i 71 / -14" FZ-2D O L L A R S
®r Florida Federal
717 COOLIDGE STREET 7 7
SEBASTIAN, FLORIDA 32958-0188
MEMO �tY T. I
,i: 26 708 7 18 31: 608 4000 2 S 2 S I' 0 168
-_� au:..u� ss��ss ^.,..,� tt Tds.a as /�► s:t.,,... tN �rs.� i'i_�S a:i.�13'+� sr...,� Ee3' �! w.� ty+.(e+vP:.+
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bowman, the Board unanimously approved
the request of Breezy Village Mobile Home Park
Recreation District for a special election as de-
scribed above and approved the transfer of $175
from BCC contingency fund to the special election
account as requested by the Supervisor of Elections.
F. Out-of-County—Travel __Government in the Sunshine Seminar
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bowman, the Board unanimously approved
out -of -county travel for Commissioners and appro-
priate staff to attend Government in the Sunshine
Seminar, Orlando, December 11, 1987.
G. HUD Forms - Housing Assistance Payments Program
The Board reviewed memo from the Finance Department:
7 BOOK 70
Fr- -1
NOV 2 4 1987 nn
BOOK �u F�aGE 150
TO: The Honorable Members of DATE: November 12, 1987 FILE:
the Board of County Commissioners
SUBJECT: Report on voucher for Payment
of Annual Contributions -
Housing Assistance Payments
Program
FROM: Finance Department REFERENCES:
The attached HUD Forms 52681 and HUD Form 52595, covering the
1986/87 Fiscal Year, were prepared by the Section 8 Rental
Assistance staff with the concurrence of the Finance Department.
We respectfully request that the Honorable members of the Board
of County Commissioners authorize the Chairman's signature for
submission to the U.S. Department of Housing and Urban Development.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bowman, the Board unanimously authorized
the Chairman's'signature on HUD Forms 52681 and 52595
re Section 8 Housing Assistance Program for submission
to DHUD.
COPIES OF SAID FORMS ON FILE IN THE OFFICE OF CLERK TO THE BOARD
H__Agreement w/City of Vero Beach (Utility Service Area)
The Board reviewed memo of the County Attorney:
8
TO: Board of County Commissioners
FROM: Charles P. Vitunac, County Attorney
DATE: November 5, 1987
RE: AGREEMENT BETWEEN INDIAN RIVER COUNTY
AND CITY OF VERO BEACH RE: UTILITY
SERVICE AREA/B.C.C. MEETING NOV. -ILL 1987
The County and the City of Vero Beach are presently working
on redefining their ultimate territorial boundaries for
water and sewer service. Until this project is completed
and the final boundaries are determined, certain adjustments
will have to be made from time to time. The attached
agreement is one of these adjustments. This agreement will
transfer the defined territory to the City's service area.
I respectfully request permission from the Board of County
Commissioners to have the Chairman execute this agreement on
behalf of the County. The agreement will then be sent to
the City for its execution.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bowman, the Board unanimously approved
the Agreement with the City of Vero Beach re Utility
Service Area and authorized the signature of the
Chairman.
SAID AGREEMENT WILL BE MADE A PART OF THE MINUTES WHEN FULLY
4
EXECUTED AND RECEIVED. _ c:
(.Routine Release of County_ Utility_ Liens
The Board reviewed memo of the County Attorney:
NO� 2 4 1987 9 BOOK 70 PA",.F. 151
1987 BOOK 70 pAu 152
TO: un
C07gsioners
torney.4
FROM: es tuna
DATE: November 17, 1987
RE: CONSENT AGENDA BCC MEETING 11/24/87
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) Partial Release of Lien - Map #15
State Road 60 Sewers/Release 1 ERU
Paid by LYNNLEE DEVELOPMENT CORPORATION
Apartment #202 of PINE CREEK CONDOMINIUM V
(2) Partial Release of Lien - Map #D-1
State Road 60 Water/Release 1 ERU
Paid by LYNNLEE.DEVELOPMENT CORPORATION
Apartment #202 of PINE CREEK CONDOMINIUM V
(3) Partial Release of Lien - Map #15
State Road 60 Sewers/Release 1 ERU
Paid by LYNNLEE DEVELOPMENT CORPORATION
Apartment #102 of PINE CREEK CONDOMINIUM V
(4) Partial Release of Lien - Map #D-1
State Road 60 Water/Release 1 ERU
Paid by LYNNLEE DEVELOPMENT CORPORATION
Apartment #102 of PINE CREEK CONDOMINIUM V
(5) Partial Release of Lien - Map #C-4
State Road 60 Water/Release 1 ERU
Paid by KINGSWOOD WEST, INC.
Lot 20 of KINGSWOOD ESTATES SUBD.
The back-up information for the above is on file in the
County Attorney's Office.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bowman, the Board unanimously approved
Release of Sewer Liens and Water Liens as listed
above and authorized the signature of the Chairman.
COPY OF SAID RELEASE OF LIENS ON FILE IN OFFICE OF CLERK TO
THE BOARD.
fl[#
J. Installation_ of Single Light - Tropic Villas North
The Board reviewed memo of the OMB Director:
TO: Members of the Board
of County Commissioners
DATE: November 18, 1987
SUBJECT: INSTALLATION OF SINGLE LIGHT -
TROPIC VILLA NORTH
FROM: Joseph A. Baird
OMB Director
The Tropic Villa North Homeowners Association has requested
that a street light be installed at the entrance to their
development. They have also been advised that the City of Vero
Beach will be responsible for the actual installation of the
street light and that they will have to pay costs.
If the Board of County Commissioners so desires, an agreement
can be entered into between the Tropic Villas North Homeowners
Association and Indian River County for the installation,
maintenance and electrical costs of a single street light at the
entrance to Tropic Villas North.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bowman, the Board unanimously approved
entering into an agreement re installation of a
single street light at the entrance to Tropic
Villas North.
K. Approval_for County to Apply for Tax Deeds
The Board reviewed memo of County Attorney Vitunac:
TO: The Board nty Commissioners
c'
FROM: C 4it� u ac - County Attorney
DATE: November 17, 1987
SUBJECT: Approval of County to Apply for Tax Deeds
I have attached a copy of a letter from Gene Morris, County
Tax Collector, explaining that there are five tax
certificates held by Indian River County which are now
eligible for tax deed applications. A tax certificate is a
lien against the land for unpaid taxes, and the County
may apply for tax deeds on the properties for which there
are tax certificates which are over two years old.
11 BOOK 70 PA -UE 153
O
OV 2 4 41987 BOOK 70 FACE 154.
This request is for the Board of County Commissioners to
authorize the application for tax deeds for the five
properties eligible, and for the following funding to
process the applications:
1. $225.00 to Gene E. Morris, Tax Collector, for the search
fees.
2. $500.20 to Freda Wright, Clerk of Circuit Court, for the
Clerk's fees and advertising costs.
3. $72.00 to Tim Dobeck, Sheriff, for the Sheriff's posting
fees.
The attached,five tax certificates have been approved as to
form and legal sufficiency.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bowman, the Board unanimously approved
application for tax deeds for the five properties,
which are listed as follows:
Tax Crtf. No.
Date of Sale
Legal Description
1606 May 30, 1985 Fellsmere Farms Cos Sub S 250 Ft of Tract
762, less E 25 Ft for Rd R/W & N'' -Z of
Tract 763 Section 00-31-37
1614 May 30, 1985 Ind Riv Farms Co Sub PBS 2-12 S 100.29 Ft
of N 365.29 Ft of W 5 A of E 20.01 A of
Tract 13 Section 21-32-39
1619 May 30, 1985 Section 22-32-39 S 70 Ft of N 750 Ft
of W 185 Ft of N 1040 Ft of W 20 A of
of E 30 A of SE; of SW; Less E 60 Ft
for R/W A/K/A Lot 10 Pine View Park Ext
1629 May 30, 1985 Hillcrest Sub No. 2 PBI 2-92 E2 of Lot 1
Blk 11 (OR Bk 473 PP 208)
1640 May 30, 1985 Paradise Park Unit No. 1 PBI 3-72 Lot 7
Blk X
L. 6th Ave. R/W Parcel - County vs. LaFevers
The Board reviewed memo of the County Attorney:
12
T0: The B of,Coun } Commissioners
FROM: un
A
Char Vitunac County Attorney
DATE: November 18, 1987
SUBJECT: 6th Avenue Right -Of -Way Parcel
Indian River County vs. LaFevers
In connection with the pending condemnation action filed by
Indian River County to obtain title for additional
right-of-way needed for 6th Avenue, the Court awarded title
to Indian River County by virtue of an Order of Taking.
The issue of valuation, however, is still being disputed.
A good faith estimate of $10,863.00 was deposited with the
Registry of the Court for the taking and Mr. LaFevers is now
willing to settle for an additional $5,000.00 rather than
going to trial.
Attached is an estimate prepared by Don Finney, the County's
Right -Of -Way Agent, outlining the minimum cost of $6,900.00
that the County would incur by going to trial. This figure
DOES NOT include any additional jury award.
It is the recommendation of this office that an additional
$5,000.00 be paid to Mr. LaFevers as final settlement of the
right-of-way.
Commissioner Eggert wasn't clear on where these funds were
supposed to come from, and Public Works Director Davis advised
that this is part of the Boulevard/12th Street project and the
funds will come from the Boulevard Construction Account, which
monies flow from the local option and constitutional gas taxes.
MOTION WAS MADE by Commissioner.Eggert, SECONDED by
Commissioner Bowman, to approve the payment of an
additional $5,000 to Mr. LaFevers as final settlement
of the R/W as described above.
Commissioner Bird asked if we are agreeing to appraised
value plus $5,000 which staff still feels is less than it would
cost if we went through court proceedings, and Commissioner
Eggert also wondered if we are always going to pay that $5-7,000
rather than challenge as she was concerned that we will just get
$5,000 dollared to death.
Director Davis.advised that we have been trying to avoid
condemnation because the courts seem to drag it out tremendously.
13
® V 1 7 0.00 70 F ��F 15
NOV 2 41 28
Boob 76 F 1.56
Chairman Scurlock believed we must realize that as the
impact fees are escalated to take care of the additional R/W, we
will have less and less R/W donated, and we, therefore, must
accept that we are going to hay.e to pay for R/W.
Commissioner Bird did not question that, but just felt the
word may be getting.out that if you negotiate with'the county,
you can get the appraised value plus the expenses we would pay if
we went to court, and he felt possibly we should challenge a few
of these so it doesn't seem we are setting a pattern.
Attorney Vitunac did not feel we will have this problem in
the future very much because of the change in state law that
allows us to make an offer of judgment and we pay attorney's fees
only up to that point. He believed on a property of this size
and price, however, they could very well win in court. Attorney
Vitunac assured the Board that in the future we will have an
aggressive negotiating policy and contest valuations, but staff
all concur this is the best way to settle this particular parcel.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
M. Quitclaim Deeds for 47th St. R/Ws
The Board reviewed memo of Assistant County Attorney
Brennan:
TO: The Board of County Commissioners
FROM: Sharon Phillips Brennan 'qP6
Assistant County Attorney
DATE: November 18, 1987
SUBJECT: Quitclaim Deeds for 47th Street Rights -Of -Way
Execution of these deeds is a necessary step to rectify
placement of the County's road right-of-way on 47th Street.
The right-of-way is presently described as lying north of
the quarter line, and it should correctly be placed south of
the quarter line.
By arrangement with the adjacent property owners, the County
will deed the described property to them and in return, they
will deed the required right-of-way to the County.
14
ON MOTION by Commissioner Eggert, SECONDED by Commis-
sioner Bowman, the Board unanimously approved Quit
Claim Deeds to Indian River Packing Co. and to T. M.
Barnes and Anna Belle Barnes, as follows:
COUNTY DEED
INDIAN RIVER COUNTY, FLORIDA
THIS DEED, made this 24th day of November ,
1987, by INDIAN RIVER COUNTY, FLbFUM, party of^ theme ri st
part, whose mailing address is 1840 25th Street, Vero Beach,
Florida 32960, and INDIAN RIVER PACKING CO., INC., party of
the second part, whose mailing address is P. 0. Box 846,
Vero Beach, Florida 32961-0846.
WITNESSETH that the said party of the first part,
for and in consideration of the sum of Ten Dollars ($10.00)
to it in hand paid by the party of the second part, receipt
whereof is hereby acknowledged, has granted, bargained and
sold to the party of the second part, its heirs and assigns
forever, the following described land lying and being in
Indian River County, Florida:
See Exhibit "A" attached hereto and
incorporated herein by reference.
IN WITNESS WHEREOF the said party of the first
part has caused these presents to be executed in its name by
its Board of County Commissioners, acting by the Chairman of
said Board, the day and year aforesaid.
(Official Seal) INDIAN RIVER COUNTY, FLORIDA
By its Board of County
Commissioners
Attest:
By _ C_
Freaa_l r'►'9t a c1�____ 6on cur'ioc r.
Chairman
EXHIBIT "A"
The South 25' of the NW 1/4 of the SW 1/4, Section 23,
Township 32 South, Range 39 East, lying East of the
right-of-way of Old Dixie Highway; less the East 105'
thereof.
NOV 24 1987 15 BOOK 70 P,, F"157
NOV 2 4 1987 B'a t'u 7
0 .70 158
COUNTY DEED
INDIAN RIVER COUNTY, FLORIDA
THIS DEED, made this 24th day of November ,
1987, by INDIAN RIVER COUNTY, FL61TMA, party of—tire 7rst
part, whose mailing address is 1840 25th Street, Vero Beach,
Florida 32960, and T. M. BARNES and ANNA BELLE BARNES, party
of the second part, whose mailing address is P. 0. Box 846,
Vero Beach, Florida 32961-0846.
WITNESSETH that the said party of the first part,
for and in consideration of the sum of Ten Dollars ($10.00)
to it in hand paid by the party of the second part, receipt
whereof is hereby acknowledged, has granted, bargained and
sold to the party of the second part, its heirs and assigns
forever, the following described land lying and being in
Indian River County, Florida:
See Exhibit "A" attached hereto and
incorporated herein by reference.
IN WITNESS WHEREOF the said party of the first
part has caused these presents to be executed in its name by
its Board of County Commissioners, acting by the Chairman of
said Board, the day and year aforesaid.
(Official Seal)
Attest:
INDIAN RIVER COUNTY, FLORIDA
By its Board of County
Commissioners
By
Freda Wr' ht��k
!4a. 043e. CP
Don C. Scurlock, Jr
Chairman
Approved as to form
and l egal Sufficiency
By
Sharon Phillips Br nnan
Aset County Attorney
EXHIBIT "A"
The East 105' of the South 25' of the NW 114 of the SW 1/4
of Section 23, Township 32 South, Range 39 East.
16
- M
QUITCLAIM COUNTY DEED
INDIAN RIVER COUNTY, FLORIDA
THIS DEED, made this 24th day of November ,
1987, by INDIAN RIVER COUNTY,. FL(3RMK, party of- t -e -Ti rst
part, whose mailing address is 1840 25th Street, Vero Beach,
Florida 32960, and T. M. BARNES and ANNA BELLE BARNES, party
of the secdnd part, whose mailing address'is P. 0. Box 846,
Vero Beach, Florida 32961-0846.
WITNESSETH that the said party of the first part,
for and in consideration of the sum of Ten Dollars ($10.00)
to it in hand paid by the party of the second part, receipt
whereof is hereby acknowledged, has granted, bargained and
sold to the party of the second part, its heirs and assigns
forever, the following described land lying and being in
Indian River County, Florida:
See Exhibit "A" attached hereto and
incorporated herein by reference.
IN WITNESS WHEREOF the said party of the first
part has caused these presents to be executed in its name by
its Board of County Commissioners, acting by the Chairman of
said Board, the day and year aforesaid.
(Official Seal) INDIAN RIVER COUNTY, FLORIDA
By its Board of County
Commissioners
Attest:
ion cupoc r.
Chairman
EXHIBIT "All
Approved as to fora
and eget ufficie cy
By awe
Sharon Phillips Sr nnan
Asst County Attorney
The South 25' of the NE 1/4 of the SW 1/4, Section 23,
Township 32 South, Range 39 East, lying West of the
right-of-way of U.S. 1.
17 BOOK 70 E'AF 159
NOV V 4.1987
L
Fr'_ I
NOV 24 1987 800K .70 FAGE 160
N. Renewal of Sailboard Center Agreement
The Board reviewed memo from Attorney Brennan:
TO: The Board of County Commissioners
FROM: Sharon Phillips Brennan Wes.
Assistant County Attorney
DATE: November 18, 1987
SUBJECT: Sailboard Center Agreement
This is a request for renewal of an existing agreement
whereby th.e Sailboard Center may use County park premises
for sailboarding activities. This agreement has been
modified to require a yearly $200.00 fee and an annual
accounting of gross revenues to the County.
Chairman Scurlock realized it is not required in this case,
but expressed concern with a policy of requiring an annual
accounting of gross revenues and having a fee associated with
them as this could result in getting involved with a CPA. He
believed we would be better off to eliminate any reference to
gross revenues and just charge a fair value.
Commissioner Bird noted that we are still somewhat in our
infancy on these fee structures, and the intent was to try to tie
the fee to the volume of the operation. He did agree there could
be some difficulties involved with auditing, but asked if we can
go ahead with it this way this year.
Chairman Scurlock believed there is another similar
agreement coming up, and while he felt in the future we would be
better off trying to identify the value of that property to the
entity rather than trying to determine accurate revenues, he did
not mind moving ahead on this at this time.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bird, the Board unanimously approved the
agreement with Sailboard Center as proposed.
18
AGREEMENT
THIS AGREEMENT, made and entered into this 24th
day of November 11 1987 by and between Indian River
County, a po_Titi-�`caT subdivision of the State of Florida,
hereinafter referred to as "COUNTY" and Burchard Hazen, Jr.
and Patricia Hazen, doing business as The Sailboard Center,
located at 9125 U. S. Highway No. 1, Wabasso, Florida 32957,
hereinafter referred to as "SAILBOARD CENTER".
W I T N E S S E T H:
That, in consideration of the following mutual
covenants and agreements, the parties hereto state as
follows:
1. COUNTY agrees:
a. to permit SAILBOARD CENTER, its agents and
employees to occupy and use the County park premises located
at the Wabasso Causeway, Indian River County, Florida, for
the purpose of renting sailboards and instructing renters,
owners and prospective purchasers of sailboards the proper
and safe methods of operating such equipment.
2. SAILBOARD CENTER agrees:
a. to pay the COUNTY $200.00 per year for the
non-exclusive right to occupy -the park premises at Wabasso
Causeway for the purposes stated herein;
b. to abide by all provisions of the Code of
Laws and Ordinances of Indian River County, Florida,
particularly those relating to parks and recreation as
contained in Chapter 174;
C. to indemnify and hold the COUNTY harmless
and defend COUNTY from any and all claims, actions,
proceedings at law, damages or liability of any kind
whatsoever, relating to SAILBOARD CENTER'S use of the park
premises;
d. to require all persons utilizing services
of SAILBOARD CENTER on park premises to sign a waiver of
liability incorporating the terms of Paragraph 2.c. of this
agreement;
e. to maintain public liability insurance,
naming the COUNTY as additional insured, with policy limits
of no less than $100,000.00 per person and $300,000.00 per
incident or occurence;
f. to remove all equipment and property of
SAILBOARD CENTER from park premises at the end of each
business day; and
g. to provide an annual accounting of gross
revenues from attendance to COUNTY.
3. This agreement shall remain in effect for a
period of one year from the date set forth herein and shall
be renewable on an annual basis subject to the approval of
the Board of County Commissioners. However, either party
may terminate this agreement upon sixty (60) days' written
notice. In the event of any default or violation of the
provisions of this agreement, COUNTY shall notify SAILBOARD
CENTER, in writing, and may terminate this agreement
immediately.
NOV 2 4 1987 9 sou 70 mr.161;
r
NOV 24 W7 BOOK / �q 0 p ;f 162 1
IN WITNESS WHEREOF, Indian River County and The
Sailboard Center have caused this agreement to be signed in
their respective names.
BOARD OF COUNTY CDMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
By. AQ
Bon C. Scurldck, Jr.
Chairman
0._ Budget_ Amendment, Unemployment Compensation
The Board reviewed the proposed Budget Amendment:
TO: Members of the Board SUBJECT: BUDGET AMENDMENT
of County Commissioners FOR UNEMPLOYMENT
COMPENSATION
THROUGH: Joseph A. Baird /�
OMB Director 1, NUMBER: 001
FROM: Leila Beth Miller,
Budget Analyst
L%
DATE: November 9, 1987
Explanation:
The above budget amendment is necessary to pay unemployment compensation to the State
of Florida for the following individuals:
Fund/De nt/Account Name
Account Number
Increase
Decrease
Ent Ntamber
1.
GF/Refuse/Unernplqymnt COOP.
001-109-571-012.15,$
87.00
$ 0
Refuse
GF/Refuse/Reserve for Conting.
001-199-581-099.91
0
87.00
2.
MSTU/Comm. Dev./Unem. Comp.
004-204-515-012.15
1,446.00
0
Betty Godsey
MSTU/Comm. Dev./Res. for Cont.
004-199-581-099.91
0
1,446.00
3.
MSTU/Zonis /Un 1 . Comp.
004-205-515-012.15
78.00
0
Clerk's Office
MSTU/Zonis /Res. for Cont.
004-199-581-099.91
0
78.00
4.
GF/Clerk/Unemployment Comp.
001-300-513-012.15
166.00
0
GF/Clerk/Reserve for Conting.
001-199-581-099.91
0
166.00
Explanation:
The above budget amendment is necessary to pay unemployment compensation to the State
of Florida for the following individuals:
20
Dollar
Per Personnel -
Entry #
Name
Amount
Department of Origination
1.
Thomas W. Aures Sr.
87.00
Refuse
2.
Janis I. Morgan
1,043.00
Planning and Development
3.
Bonnie F. McGowan
78.00
Zoning
2.
Betty Godsey
345.00
Planning and Development
2.
David V. Street
57.00
Planning and Development
4.
Francita K. Graham
166.00
Clerk's Office
20
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bowman, the Board unanimously approved
the above budget amendment.
P. Proclamation - National Adoption Week
P R O C L A M A T I O N
WHEREAS, the State of Florida has always been mindful of
the emotional as well as the physical needs of its children;
and
WHEREAS, adoption has long been recognized as a way, to
provide permanent loving families for children who are unable to
grow up with their family of origin; and
WHEREAS, families are the strength and cornerstone of this
very nation and the State of Florida; and
WHEREAS, the nation recognizes the process of adoption and
dedicates an entire week, November 22 - 28, 1987, for special
observance and recognition; and
WHEREAS, it is especially. fitting that we in Florida pay,
tribute to those whose lives have been touched by the adoption
experience, especially to families who have opened their hearts
and homes to waiting children; and
WHEREAS, it is especially fitting that special observance
take place during our observance of Thanksgiving, and that we
remember those children who still wait for adoptive families;
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER :COUNTY, FLORIDA that November 22 -
28, 1987 be designated as
NATIONAL ADOPTION WEEK
in Indian River County, Florida.
BE IT FURTHER PROCLAIMED that the Board urges all citizens
to be aware of the adoption process and be especially mindful of
-those who wait to be a part of this unique system of
strengthening the family.
• BOARD OF COUNTY COMMISSIONERS
INDIAN DRIVER COUNTY, FLORIDA
BY / 1-,,�
Do C. curlock, J
Chairman
Nov 24197 2
BOOK 70 mF 16.c),
OV 2 4- 1987
Q. Out -of -Count Travel - (Com. Bird)
BOOK 70 mf. 16-4
ON MOTION By Commissioner Eggert, SECONDED by Com-
missioner Bowman, the Board unanimously approved
out -of -County travel for Commissioner Bird to attend
a meeting of the Rural Affairs Policy Committee in
Orlando, December 14, 1987.
PRESENTATION OF PROCLAMATION TO MELISSA MPXON
Chairman Scurlock read aloud the following Proclamation and
presented it to Melissa Mixon with his congratulations.
Commissioner Bird also extended his congratulations to
Melissa and her family, noting that Melissa is a third or fourth
generation "home grown" Indian River County girl.
22
P R O C L A M A T I O N
WHEREAS, MELISSA ANNE MIXON, daughter of David "Buddy" and
Brenda Mixon of Vero Beach/Indian River County was crowned STATE
JUNIOR ORANGE BOWL PRINCESS on November 8, 1987 in Coral Gables,
Florida; and
WHEREAS, MELISSA was chosen from a field of fifty-six (56)
twelve and thirteen year olds all from South Florida; and
WHEREAS, MELISSA's duties while representing Vero
Beach/Indian River County will include attending all the Orange
Bowl festivities, riding in the Orange Bowl Parade, attending the
Queen's Ball and various fashion shows in her honor; "and
WHEREAS, MELISSA attends Gifford Middle Seven School and
enjoys tennis, cheerleading and drama;* and
WHEREAS; MELISSA is active in the Youth Group of the First
Church of God and her goal is to become a contemporary gospel
singer or a dental hygienist; .
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that on behalf of
all the citizens of the County we recognize and commend the
exemplary grace, poise and achievement of MELISSA ANNE MIXON.
BE IT FURTHER PROCLAIMED that the Board salutes and
congratulates MELISSA ANNE MIXON as the STATE JUNIOR ORANGE BOWL
PRINCESS and that MELISSA be declared the official ambassador of
friendship and goodwill -from Indian River County.
November 24, 1987
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By: <_ yam. C.. ►� �,
Don C. Scurlock, r
Chairman
NOV 241987 - 23 Boa 70 PacF 165
r I
NOV 2 C, �M7 BOUT( 70 pgf,166
REVISED PROPOSED ROAD ADDRESSING SYSTEM ORDINANCE
Staff Environmental Planner Roland DeBlois made the
following presentation, noting that the public hearing was
carried over from the November 10th meeting:
TO: The Honorable Members DATE: November 16, 1987 FELE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE: REVISED PROPOSED ROAD
ADDRESSING SYSTEM
SUBJECT: ORDINANCE
Robert M. Kea inge--ICP
Community Development Director
THROUGH: Michael K. Miller, Chief
Environmental Planning f�
FROM Roland M. DeBlois` W> REFERENCES: Road Address.
Staff Environmental Planner DIS:IBMIRD -
It is requested that the data presented herein be given formal
consideration by the Board of County Commissioners at their
regular meeting of November 24, 1987.
DESCRIPTION & CONDITIONS:
As directed by the Board of County Commissioners at a public
hearing on November 10, 1987, planning staff have revised the
proposed Road Addressing System Ordinance to reflect suggested
changes.
More specifically, it was the Board's determination that the
proposed ordinance be revised to require that all new roads carry
number designations (only), with a provision that road names may
be granted instead, but only upon appeal to the County (ie.
Planning and Zoning Commission) for approval.
The revised Road Addressing System ordinance is provided herein
for the Board's consideration of adoption.
ALTERNATIVES & ANALYSIS:
Section 18-58(d) on page 6 of the proposed ordinance, regarding
"named roads," has been revised in accordance with the Board's
recommendations at the previous public hearing. The revised
ordinance no longer calls for "dual" road designations (name and
number); new roads are required to have number designations
(only), in conformance with the surrounding grid pattern. Roads
with names existing prior to the effective date of the ordinance
would not be subject to this..;requirement (Sec. 18-58(d)(1) ).
The revised ordinance does provide an exception whereby develop-
ers/applicants may appeal to the Planning and Zoning Commission
if they desire to designate new roads with names instead of
numbers. Section 18-63 of the proposed ordinance (page 11) has
been revised to provide for road designation appeal procedures.
Such an appeal would occur concurrently with preliminary planned
residential development (PRD) or subdivision plat plan approval,
thus minimizing administrative delays. As per normal
24
administrative procedures, the Planning and Zoning Commission's
determination would be final, unless appealed to the Board of
County Commissioners.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners adopt the
revised proposed Road Addressing System Ordinance.
Commissioner Bowman asked if the ordinance as revised would
preclude having two signs, i.e., a second historical type sign
which looks entirely different from the officially numbered sign.
Planner DeBlois advised that the revision would not affect
existing road designations; it is geared for new roads.
It was noted there are several roads with historical names
that have lost their signs already.
Chairman Scurlock informed the Board that the following
letter has been received from the Historical Society supporting
retaining the historical names.
VERO STATION 1916
Indian River Counly
HISTORICAL
SOCIETY
INC.
P.0 Box 6535
Vero [leach. FL 32961
November 23, 1987
Mr. Doug Scurlock, Chairman
Members of Board of the Indian River County Commission
1840 25th Street
Vero Beach, Florida 32960
Dear Ladies and Gentlemen:
The Indian River County Historical Society has followed with
interest the discussion of the new ordinance that may eliminate, •
forever, many important historical name designations from our county
roads. Over the past decade as our public works and planning
departments have taken over the signs for these roads, familiar names
have been misspelled, misplaced, and discarded. At this date, many of
these historical names do not appear on our street signs. If this
ordinance:is passed, as presented, these names will not be
"grandfathered in". We would like to see the older names reinstated
and placed along side the numerical designation.
We do realize the necessity of a numerical system, but we also must
emphasize the importance of recognizing and preserving the uniqueness,
the charm, and the history of Indian River County. The study of
25 BOOK 70 FA;F 16
NOV 4IMF Boarc -70 168
geography, a serious problem in our young people's education, is the
study of places by name, not numbers. Are we contributing to this lack
of knowledge by choosing a more mathematical approach to our own
geography? Our Society would like to offer our expertise to you and,
especially, to the Public Works Department in restoring the proper
names, spelling, and location of each of these original roads to be
placed with their numerical designation.
Indian River County is a very special place to live but only
because we care to be different. Let Broward and Dade Counties have
their commonplace avenue, numbered 27. We have a 27th Avenue, too, but
one with a history. Emerson Avenue (now 27th) was named for a farmer
who lived and cleared the palmettos and pines along this road in the
early 1900s. He survived with hard work and persistence to grow
hundreds of acres of potatoes and helped, in his own way, to establish a
farming community on which our county grew. As you known, our streets
and roads do not have names of world famous people; but these roads were
named for the local citizens who cared to make our county different.
Thank you for the opportunity to express our views on this subject.
Sincerely,
Mrs. Millie Bunnell
President
Planning Director Keating confirmed that the proposed
ordinance would not preclude dual designations that are existing,
and even when those signs are replaced, they could use the dual
designation.
Discussion continued, and Chairman Scurlock clarified that
those streets that have a historical name presently, whether it
appears on a sign or not, will have the ability to retain both
name and number, and future roads will have an appeal provision
if they desire a name rather than a number.
Commissioner Eggert wished it confirmed that those roads
with historical names that don't have the name on the sign now
will have signs put up to replace the missing names. She noted
that happened to Clemann Ave.; the sign was replaced with just a
26
number, and it needs to have the name put back up. Director
Keating advised that as those signs wear out, that will be done.
Commissioner Bird noted that the Hamilton Road sign also
was replaced with just a number, and the family feels quite
strongly about having the name retained.
Director Keating advised that sign will be replaced with a
dual designation at no additional cost.
The Chairman asked if anyone present wished to be heard, and
upon determining there were none, declared the public hearing
closed.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bird, the Board unanimously approved
Ordinance 87-62 "Road Addressing System."
INDIAN RIVER COUNTY ORDINANCE NO. 87 -62
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CREATING
ARTICLE IV OF CHAPTER 18, ENTITLED "ROAD ADDRESSING
SYSTEM"; ESTABLISHING A UNIFORM ROAD ADDRESSING
SYSTEM; PROVIDING FOR ASSIGNMENT OF BUILDING NUMBERS
AND ROAD DESIGNATIONS; PROVIDING FOR A ROAD IDENTIF-
ICATION GRID SYSTEM; PROVIDING FOR A BUILDING AND
SITE NUMBERING SYSTEM; PROVIDING FOR THE POSTING OF
BUILDING NUMBERS; PROVIDING FOR A CHANGE OF ADDRESS;
PROVIDING FOR AN APPEAL PROCEDURE; PROVIDING FOR AN
ENFORCEMENT PROVISION; AND PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS, CODIFICATION, SEVERABILITY,
AND EFFECTIVE DATE.
WHEREAS, Indian River County does not presently have
an ordinance that establishes a uniform road addressing pro-
,
cedure; and
WHEREAS," the establishment of a uniform road address-
ing procedure based upon a logical grid system aids emergency
services in locating and responding to emergency calls; and
WHEREAS, the establishment of a uniform road address -
SAID ORDINANCE IS ON FILE IN THE OFFICE OF CLERK TO THE
BOARD IN ITS ENTIRETY.
27
ILIMMUMON
800K 70 FAGF.169
NOV 24 1997
PRD SPECIAL EXCEPTION APPROVAL - CATALINA OAKS
BOOR , 70 PAGF
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 Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a \
in the matter of
in the
lished in said newspaper in the issues of \\��� .
Court, was pub-
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously pLblished in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate• commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed befo me is day of A.D. 19_
_ k -p—
:/ (B ^ ne Manager)
,
`iC(erk of the rcuit CoJrt, IngSao River County, Florida)
(SEAL) `O
NOTICE OF PUBLIC HEARING
Notice of hearing to grant a Planned Residen-
tial Development (P.R.D.) conceptual special ex-
ception plan approval for a 56 -unit single family
small lot subdivision project. The subject prop-
erty is located on the East side of 6th Avenue,
North of 10th Street, and is described as:
ALL OF LOT 12, OF VERO LAND COM-
PANY SUBDIVISION AS RECORDED IN
PLAT BOOK 3, PAGE 19, PUBLIC
RECORDS OF ST. LUCIE COUNTY,
FLORIDA, LESS AND EXCEPT THE I
FOLLOWING PARCELS:
A. FOR ADDITIONAL RIGHT-OF-WAY
FOR 6TH AVENUE -
1. That part of Lot 12 of Vero Land Com-
pany Subdivision lying West of the line
which lies 50 feet East of and parallel to
the West line of the Northeast quarter of
the Southeast quarter of Section 12,
Township 33 South, Range 39 East, In-
dian River County, Florida (O.R. Book
597, Page 112).
B. FOR ADDITIONAL RIGHT-OF-WAY
FOR 10TH STREET -
1. That part of Lot 12 of Vero Land Com-
pany Subdivision lying South of the line
which lies 35 feet North of and parallel
to the South line of the Northeast quar-
ter of the Southeast quarter of Section
12, Township 33 South, Range 39 East,
Indian River County Florida (O.R. Book
597, Page 112). Containing 8.57 acres
more or less.
A public hearing at which parties in interest
and citizens shall have an opportunity to be
heard, will be held by the Board of County Com-
missioners of Indian River County, Florida, in the
County Commission Chambers of the County
Administration Building, located at 1840 25th
Street, Vero Beach, Florida, on Tuesday, Novem-
ber 24, 1987, at 9:05 a.m.
Anyone who may wish to appeal any decision
which may be made at this meeting will need to
ensure that a verbatim record of the proceedings
is made which includes the testimony and evi-
dence upon which the appeal will be based.
Indian River County
Board of County Commissioners
By -s -Don C. Scurlock, Jr.
Chairman
Nov. 3, 1987
Director Keating made the staff presentation, as follows:
28
TO: The Honorable Members of DATE: October 26, 1987 FILE:
the Board of County Commissioners
DIVISION HEAD CONCURRENCE:
Robert M. Keating, CP SUBJECT: PRD SPECIAL EXCEPTION
Planning & DevelopCent Director APPROVAL FOR CATALINA OAKS,
A PLANNED RESIDENTIAL
THROUGH: Stan Boling 4.6• DEVELOPMENT
Chief, Current Development
FROM: Robert E. Wiegers�� REFERENCES: Catalina oaks
Staff Planner BWIEG2
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of November 24, 1987.
DESCRIPTION AND CONDITIONS:
Section 25(A).4. of the zoning code establishes regulations and
provisions governing the planned residential development (PRD)
review and approval procedures. Under the regulations, PRD
proposals must be granted the following approvals:
1. PRD special exception approval,
2. Preliminary PRD Plan (site plan- and preliminary plat)
approval,
3. Land development permit, and
4. Final PRD plan (final plat) approval.
The PRD ordinance encourages the concurrent review and consider-
ation of the first two steps. The applicant, Catalina Homes,
Inc., owner, Robert White, President, is seeking approval for the
first two steps and has submitted plans for special exception
approval as well as a preliminary PRD plan.
At their regular meeting of October 22, 1987, the Planning and
Zoning Commission. voted to recommend that the Board of County
Commissioners grant PRD special exception approval to the Catalina
Oaks project. The Commission. also voted to approve the submitted
preliminary PRD plan, subject to the Board granting PRD special
exception approval to the project. Therefore, if the Board grants
PRD special exception approval, the Catalina Oaks preliminary.PRD
plan will be automatically approved.
Catalina Homes, Inc. is now requesting that the Board grant PRD
special exception approval to the Catalina Oaks project.
ALTERNATIVES AND ANALYSIS:
The Catalina Oaks project is located on the north side of 10th
Street, east of 6th Avenue. The PRD is to consist of 56 attached
single family units. Individual lots and units ("coupled" units
sharing a common wall with the adjacent unit) will be privately
owned and maintained. The proposed streets, 5th Court and 10th
Place,are to be owned and maintained by a private property owners'
association.
The following is an analysis of the Catalina Oaks project, based
on the submitted conceptual and preliminary PRD plan.
i9�7 2 9 BOOK 70 PAGE 171
FF'_ -7
OV 2 4 1981 BOOK 70 F',�GF 172
1. Size of Property: 8.57 acres
2. Zoning Classification: RM -10, Residential Multi -family up to
10 units/acre.
3. Land Use Designation: MD -2, Medium Density Residential up to
10 units/acre.
4. Proposed Building Density: 6.53 units/acre
5. Open Space Required: 30%
Provided: 55%
6. Surrounding Land Uses:
North: Jungle Club/Recreational Complex
South: Waverly Place Subdivision (multi -family)
East: Indian River Boulevard/Vacant
West: Residential Development
7. Landscaping and Buffering: The site plan is in conformance
with the landscape ordinance (#84-47). The perimeter (rear
yard) building setbacks range from 25' to 551. Existing
trees are located within the perimeter area; and buffering in
accordance with the subdivision and platting ordinance has
been provided around the perimeter.
8. Off -Street Parking Required: 112 total (2 per unit)
Provided: 112 total (2 per unit)
9. Unit Floor Area: Ranges from 1,360 to 1,440 sq. ft.
10. Traffic Circulation: Lots are to be directly accessed via
5th Court and 10th Place, a cul-de-sac road system.
11. Drainage Plan: The County Engineer has approved the con-
ceptual drainage plan. A stormwater management permit will
need to be issued along with the required land development
permit.
12. Utilities: County water and sewer service is to be utilized.
The County Utilities Division has approved the conceptual
water and sewer plans; however, water and sewer construction
plans will need to be approved prior to the issuance of a
land development permit.
In accordance with the PRD ordinance,the following RM -10 zoning
district requirements will be waived upon final approval of the
preliminary PRD plan:
RM -10
minimum lot size: 7,000 sq. ft.
minimum lot width: 70 ft.
front yard setbacks: 25 ft.
side yard setbacks: 10 ft.
Also, the applicant is requesting a waiver:
Proposed
4,560 s/f to 6,720 s/f
38 ft. (at front yard
setback) to 43 ft.
20 ft. to 30 ft.
0 ft. to 15 ft.
a. of the normal recreational vehicle space requirement
subject to a recorded covenant prohibiting recreational
vehicles on site;
b. from the subdivision ordinance requirements that side-
walks be located on both sides of the internal streets
(the plans propose providing a sidewalk on one side of
the internal street); and
30
C. from the subdivision ordinance requirements that minor
residential street rights-of-way with swale drainage be
60 feet (the plans propose a 50 ft. right-of-way with
swale drainage).
The proposed PRD special exception use and conditionally approved
preliminary plan are in conformance with the Comprehensive Plan
and applicable zoning and subdivision regulations.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners grant PRD
special exception approval to the Catalina Oaks PRD project.
The Chairman asked if anyone present wished to be heard.
Dr. Avery Slesser informed the Board that he lives in
Waverly Place, which is bounded by 6th Avenue on one side and
10th Street on the other. His concern has to do with the type of
structures that will be built insofar as they might affect the
property values in Waverly Place. He also felt the number of
units to be erected on this site seems excessive, and in
addition, was concerned that the entrance to the proposed
development will be off of 10th Street which is a very narrow
lane and feared there will be a great deal of congestion.
Director Keating pointed out that, first of all, the
applicant did not have to come through the PRD process, and in
RM -10 zoning, he could have put up apartments at a considerably
higher density than the 6.5 units per acre which is planned.
Waverly Place is 12 upa, or almost double. In reference to
access, Director Keating stated that it really would not be
advantageous to have access off 6th Avenue, which is a secondary
collector roadway. South of 10th Street is a drainage canal;
10th Street is a paved public road, and the applicant will be
paving his access road going to the north so that it conforms to
the roadway from Waverly Place going north/south, and then he
will have dual cu( -de -sacs going east/west. The applicant will
provide internal streets with sidewalks within the project and
also sidewalks on the north side of 10th Street.
Dr. Slesser realized the road can't be widened to the south
because of the canal but did not see why it can't be widened to
the north.
0V 1997 31 BooK 70 Fdr,F 173
L
FN OV 7987 BOOK 70 PaU474 .
F
Director Keating noted the road was constructed to county
standards, and Public Works Director Keating confirmed that when
Waverly Place was put in this road was required to be a 20' wide
two lane road and itis a standard 20' subdivision street.
Director Keating further noted that it is difficult to talk
about values, but the units will range in size from 1,360 to
1,440 sq. ft., which is quite a decent size.
Dr. Slesser continued to express concern about traffic
congestion at the intersection and didn't see why the entrance
can't be off 6th Avenue.
Chairman Scurlock noted that is exactly what we discourage,
and Director Keating explained the objective is to minimize the
number of curb cuts on a collector roadway.
Commissioner Wheeler further clarified that we try to have
less access onto collector roads so that traffic can flow better,
and, therefore, we want subdivisions to empty onto lesser roads
and then onto the main system.
It was determined that no one else wished to be heard, and
the Chairman declared the public hearing closed.
ON MOTION by Commissioner Bird, SECONDED by Com-
missioner Eggert, the Board unanimously granted
PRD Special Exception Approval for Catalina Oaks
as recommended by staff.
APPROVAL REMOTE CONTROL AUTO RACING FACILITY LEASE (FAIRGROUNDS)
The Board reviewed memo of Attorney Brennan:
32
TO: The Board of County Commissioners
FROM: Sharon Phillips Brennan �X(j
Assistant County Attorney
DATE: November 18, 1987
SUBJECT: Remote Control Auto Racing Facility Lease
This office was directed by the Parks and Recreation
Committee to prepare a lease of fairgrounds property for a
remote control auto racing facility.
The one-year lease provides that the lessee will obtain fire
and Liability insurance, pay a monthly rental fee, provide
safety control, reimburse the County for any property
damage, provide somepublic facilities, and give an
accounting of total monthly receipts.
Commissioner Eggert raised a question about the status of
the Fairgrounds master plan, and Chairman Scurlock also had a
question about the percentage, which as he had noted on an
earlier item, would be difficult to track.
Director Davis advised that the conceptual master plan is
complete. Staff has met with the State of Florida Fair
representative, who recommends we go to Pensacola and look at
their fairgrounds before we go to an actual dimensional site
plan.
Discussion continued about the space allocated at the
Fairgrounds, and Commissioner Bird advised that a certain space
and area was allocated on the master plan for automotive related
activities, and this would be in that area.
Douglas Upton, owner of Action Hobbies, came before the
Board and placed on the table a small remote-controlled car of
the type that will be racing. These are electric and can reach
speeds up to 40-45 mph. He explained that what is involved is a
track with a central elevated platform where the car owners can
look down and watch their cars go around the track. He advised
that it is a national sport now and there are hundreds of these
tracks across the nation - there is one in Fort Lauderdale and a
small one south of Fort Pierce in White City.
33
Boor, 70 PA.0 175
,Nov
,9 4
1987
BOOK
70 FADE 1,76
The Commissioners had questions about
the size
and type of
track, and Mr. Upton displayed a drawing depicting a track
covering an 186' x 300' area. To begin with it would be a dirt
track, but in the future he hoped to make it a paved track and
possibly eventually race gas powered cars that could reach speeds
up to 80 mph. There would be walls around the track plus 4'
chain link fencing and bleachers for spectators. There is no
charge for spectators - just the drivers pay to get in the race.
He explained that this is a sport more for adults than children;
the people who race them do not consider them toys; these cars
cost about $350, and the gas models are up to 4' long and can
cost about $1,000.
Commissioner Bowman asked if Mr. Upton hoped that this sport
will pay for the building of the track, and he assured her that
it definitely will. He informed the Board that the drivers pay a
fee to race of about $8.00. White City has just a little
off-road track, and they have some 40-60 cars race there every
Saturday night.
Commissioner Bowman noted if the races are held at night,
they will require lights, and Mr. Upton stated that he would pay
for lights.
Commissioner Bird noted that a one year lease is proposed.
Mr. Upton has agreed to provide and build all the facilities,
which will revert to the county at the end of the lease, or if we
choose to discontinue the activity, he agrees to remove all the
improvements from the site. The only contribution the County
would make is possibly some fill on site and some drainage work
which is necessary to tie into our overall drainage.
Commissioner Bowman inquired about noise, and Mr. Upton
noted that the cars are electrical and you can't even hear them.
Chairman Scurlock asked if we have any approval as to what
the facility actually looks like as we want to be sure it fits in
with the rest of the Fairgrounds.
34
Mr. Upton assured the Board that it will be very nice. He
plans to make this track one of the best in the State of Florida
and would hope to attract national championship races which could
involve 600 cars and over 4 days of racing.
Chairman Scurlock asked if the overall Parks S Recreation
Committee felt that this is an activity that they would like at
the Fairgrounds over the long haul and that this is the proper
location, and Commissioner Bird advised that the Committee does
feel this is a good clean recreational activity that can support
itself financially and that it does fit in with what we are
trying to accomplish.
Chairman Scurlock then asked about the lease payment, and
Commissioner Bird believed Mr. Upton is to pay $50 per event or
10% of his gross and he also agrees to pay $100 a month to
provide two port -a -lets. He noted that this is a "guesstimate"
on everyone's part.
Chairman Scurlock wished to know if we can eliminate the
gross and just make it a per event fee, and Commissioner Bird did
not see why not, but asked if we can at least ask the applicant
to submit his gross figures so we can have some idea of his
overall revenues.
The Chairman indicated he would prefer that.
Mr. Upton passed out pamphlets showing that this is a
nationally sanctioned sport just like NASCAR and the real scale
cars. The track will be an R.O.A.R. track, and everyone who
races there will have to be an R.O.A.R. member. The members pay
$20 a year and they get a card stating that they are a member and
that covers them on insurance.
Commissioner Eggert expressed some concern about cars being
operated too fast and incorrectly so they might fly off the
track, and Mr. Upton assured her that there are adequate
retaining walls and then a fence after that.
Commissioner Bird asked if the Chairman wanted something in
V 2 7 35
BOOK 70 Dn l,77
NOV 2 4x 1987 BOOK 70 FnF 178
the lease about us having the right to approve the plans, and he
confirmed that he did.
Administrator Balczun informed the Board that staff did not
have any difficulty with the proposal conceptually, but felt
there should be a provision that there would be no construction
without review and approval by appropriate staff, and also that
the plans be reviewed by the county engineering staff before any
construction commences.
Chairman Scurlock suggested that the Parks S Recreation
Committee could review the plans with a recommendation to the
Board, but Commissioner Bowman felt the bleachers should be
inspected by engineers.
ON MOTION BY Commissioner Bird, SECONDED by Commis-
sioner Wheeler, the Board unanimously approved an
addition to the proposed lease -stating that we retain
the right to review and approve the plans for the facility.
The Chairman suggested that Mr. Upton discuss portable
bleachers with the county as we may be able to participate in a
joint use of them.
ON MOTION by Commissioner Bird, SECONDED by Commis-
sioner Eggert, the Board unanimously approved the lease
with Action Hobbies as modified re approval of plans, but
retaining the fees at $50 per event and 100 of the gross
for the first year of the lease.
SAID LEASE WILL BE MADE A PART OF RECORD WHEN FULLY EXECUTED
AND RECEIVED.
36
PROFESSIONAL ARCHITECTURAL/PLANNING SERVICES_ AGREEMENT___ FIFTH
• r e GTiTAJI
The Board reviewed memo of the Public Works Director:
TO:
THE
HONORABLE
MEMBERS OF DATE:
November 2, 1987 FILE:
THE
BOARD OF
COUNTY COMMISSIONERS
THROUGH:
Charles P. Balczun
County Administrator
SUBJECT: Professional
Architectural/Planning
Services Agreement -Indian
River County Fifth
Courtroom
FROM: James W. Davis, P. REFERENCES:
Public Works Directo
Description and Conditions
The Public Works Department staff has prepared and
transmitted to Architects Design Group, Inc., Winter Park,
Florida, the attached Professional Services Agreement. The scope
of work has been carefully prepared and the architectural design
fee has been negotiated to result in a basic services fee of
$16,860.00. Using a construction estimate of $200,000., the fee
is approximately 8.4% of the construction cost.
Recommendation and Funding
It is recommended that the Chairman be authorized to execute
the agreement and that a NOTICE TO PROCEED be issued.
Funding to be from 106-901-516-033.19, unencumbered balance
$30,000, Court Facilities Fund.
Commissioner Wheeler stated that he had a concern and was
going to pull the item in the beginning but neglected to do so,
and he would like some direction from the Commission. He noted
that we now are looking at the short list of consultants and
recommending one of them on December 2nd for our space needs
study, and he would like to hold off on this agreement until the
firm that does our space needs study can take a look at the fifth
courtroom as to what we need, what size, where it ought to go,
etc.
Commissioner Eggert asked what space needs study he was
referring to, and Commissioner wheeler advised it was the space
needs study for the Criminal Justice Complex.
X24.1997 37
BOOK 70 FmGF 179
L_
NOV 241" 198 nn p
BOOK �U F'A.GF. 180
Chairman Scurlock had some concerns about the proposed
contract and the way it is structured. There is.a reference made
to a percentage, but in looking through the contract, he sees
line items but not a percentage relating to construction cost.
There is reference to $200,000 as the construction estimate, but
does that mean if the construction cost turns out to be $500,000,
the total fee still will be $16,860?
Public Works Director Davis advised that it is a fixed fee
not -to -exceed cost; however, if the final cost is half a million,
then the scope of work is not as staff has written it. Staff was
given specific instruction not to have a half million dollar
project; they were told that the Board wanted a very simple,
basic facility, and that is how they prepared the scope of the
contract.
Question arose as to the judges, etc., wanting a different
type facility, and Director Davis advised that their plan is to
prepare a questionnaire which they will distribute to all the
Judges, Public Defender, State's Attorney, etc., so they have an
opportunity to give some input as to their feelings about the
courtroom.
Commissioner Eggert commented that she is always super
cautious on hourly fees, i.e., whether the $78 per hour man does
the work or the $28 per hour man, and per hour rates are what is
set out for "additional services." Director Davis believed on
all our contracts that is the way additional services are
handled.
Discussion continued, and Chairman Scurlock asked why we
reference the $200,000 cost at all and not just have a flat fee
that is not related to the $200,000.
Director Davis agreed that reference could be deleted, but
noted that if you don't include some kind of a scope and some
kind of an estimate, the architect will have a free hand. He
stressed that in our negotiations, it was made very plain to the
architect that what was wanted was a very simple fifth courtroom.
38
Commissioner Eggert believed there is some disagreement
about whether this courtroom is needed or not, and when we are so
close to doing this space needs study, she really did not see why
we are going ahead until we have our consultants on board.
Suppose we found out this really isn't going to work and that we
need a whole different building and a whole different setup.
Commissioner Wheeler noted that was exactly his position
yesterday when he was talking with Judge Smith. He has a problem
understanding a simple courtroom costing $200,000 when what we
originally talked about was a conference type room with
soundproof walls and a communications system, etc., for non -jury
trials. Chief Judge Geiger seemed to feel that was all right;
however, the other judges felt we should do the jury, have the
bathrooms, etc., and this has been going back and forth.
Commissioner Wheeler stated that he told Judge Smith he could not
support this until we had our space needs study done and we would
incorporate in that contract that they take an immediate look at
a fifth courtroom, what type of a courtroom it should be, where
it should be located, and we should also have some idea then
whether we are going to be keeping the Annex or not as well as
some idea of funds available. There are so many questions that
have not been answered about our future needs and there has been
so much conflicting information that he is not comfortable with
moving ahead until we can get some answers.
Chairman Scurlock noted that if we are talking about being
within 3-4 years of having a whole new facility, there are a lot
of alternatives that could be considered, i.e., renting space,
having night court, etc., and further he has heard that the
courtrooms often are vacant on Thursdays and Fridays.
Commissioner Wheeler believed realistically we are looking
at 4-5 years to get the criminal justice complex completed and
occupied, and between now and the five year period while there
may not be an immediate need, there is no doubt in his mind that
there is a need for a fifth courtroom. Since we are going to
39 p
V 4 196 BOOK 7� P,�GE 81
F 2 4 `987
BOOK 70 PA F 1$2
spend money for a space needs study, he is just asking to give
this 4-6 months until we can get that study and have an
opportunity to get some answers before we make a decision on
spending $200,000, which amount, he felt, very probably could
approach something more like $300,000 because we have to move the
Public Defender and find space for him and remodel that area,
etc.
The Chairman felt if this is going to cost up to $300,000,
now is the time to start moving aggressively toward the new
complex.
Commissioner Wheeler agreed, but did not know how we would
get the money, and Chairman Scurlock noted that we validated 25
million dollars, and those funds still have an ability to support
additional debt.
Commissioner Eggert advised that she would be glad to second
a Motion to add this matter to our space needs study.
Discussion continued in regard to tabling action on the
proposed architectural services contract, and Chairman Scurlock
felt the key question is can we continue to use the Annex as he
did not want to spend $200-300,000 on another courtroom if we are
going to end up tearing it down. It would be much more
economical to rent space for the next few years until we know
where we are going.
Commissioner Wheeler emphasized that he is not asking that
we stop thinking about constructing a fifth courtroom, but just
that we be allowed possibly 6 months to get the study done and
let a consultant tell us whether it it logical to keep the Annex.
Chairman Scurlock believed we could direct the consultant to
look at the use of the Annex as the first phase of the study and
then we could have an answer within 60 days or so.
Commissioner Bird asked if we can keep the proposed archi-
tectural services contract valid for that time, and Director
Davis did not believe we can. He noted it has been quite an
40
intense and lengthy negotiating process to get the fee down to
where it is, but we would have at least 30 days grace on the
contract.
After further discussion as to a time period, it was
generally agreed to allow 90 days.
ON MOTION MADE by Commissioner Wheeler, SECONDED by
Commissioner Eggert, the Board unanimously agreed to
put the proposed contract on hold until we can get
answers as discussed from our space needs study and
tabled this matter for a maximum of 90 days.
FLORIDA CONVALESCENT CENTERS - BOND REFINANCING
Attorney Vitunac advised the Board that the proposed Resolu-
tion is simply a standard resolution authorizing the bond refund-
ing which the Board reviewed at an earlier meeting.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bowman, the Board unanimously adopted
Resolution 87-139, providing for the refunding of
bonds previously issued for construction, equipping,
etc., of a health care facility by Florida Convales-
cent Centers, Inc.
SAID RESOLUTION IS ON FILE IN THE OFFICE OF CLERK TO.THE BOARD IN
ITS ENTIRETY.
41
NOV 2 41987 BOOK 70 r,,,E 183
NOV 2 4 193 BOOK 70 PAGE18d
ACQUISITION INDIAN RIVER BLVD. NORTH - SANCTUARY PARK_SETTLEMENT
County Attorney Vitunac reviewed the following memo:
TO: Board of County Commissioners
FROM: Charles P. Vitunac, County Attorney
DATE: November 6, 1987
RE: SANCTUARY PARK SETTLEMENT
BOARD MEETING NOV.;Z4, 1987
Indian River County has been acquiring right of way for the
northerly extension of Indian River Boulevard. During the
acquisition period, the owner of property involved filed a
site plan for a development in an area needed for the right
of way. The site plan was denied on -that and other grounds,
and a lawsuit was filed by the owner against the County for
inverse condemnation.
Staff has entered into negotiations with Michael O'Haire,
the attorney for the property owner, and recommends entering
into the Final Judgment which is attached to this
memorandum. The judgment would have the County pay the
developer $249,073 in full payment for the 200 -foot strip of
right of way through the developer's property and for any
and all other damages. In addition, the issue of attorney's
fees will be resolved by a court hearing, and, if the County
loses, it might be expected to pay as much as $25,000 in
attorney's fees. The County is contesting the attorney's
fee issue.
Attorney Vitunac clarified that the intent is to pay them
fair market value according to the appraisal for the R/W through
Sanctuary Park. We are not paying any severance damages or
business damages or loss of profits for the nursing home; whether
he intended to build it or not is not an issue. it is strictly
the value of the land for the R/W which we need, and we just are
buying it a little more prematurely then we would need to since
this is on the phase after the Barber Avenue construction, We
also are not paying attorney's fees, which issue will have to go
to court.
Commissioner Eggert asked where the funds for this will come
from, and Public Works Director Davis informed the Board that
basically the funds will come from local option gas tax reserves
and District 4 traffic impact fees. There are adequate
42
1
M M r
fees for this; however, when we get into phase 3 of the
Boulevard, he did not know exactly what that will cost and
possibly we may have to do some short term borrowing. Phase 3 is
the portion between the existing terminus to Barber Avenue, and
the subject property is in Phase 4 immediately north of Barber
Avenue.
Chairman Scurlock inquired about the schedule for escalating
impact fees, and Director Davis advised that the Planning
Department is working on the, capital improvement element now.
Chairman Scurlock realized staff is stressed to the maximum
and suggested we get back to our original consultants. He
pointed out that every time a unit goes up, we are falling short
approximately 200 on the impact fee and that will pay for a
consultant pretty quickly.
Director Davis noted that the consultant is very busy also,
but Chairman Scurlock believed the model is already set up and
all that is needed is to substitute a new number. He asked if it
is not true that the cost of building the road has increased at
least 20% because of the need to pay for more R/W.
Director Davis felt it definitely has and stated that they
have been working on this, but noted that another factor you must
take into consideration is the average trip length for someone in
a particular district, i.e., his cost is predicated on average
trip length and the cost to build a lane mile of road in that
district.
Chairman Scurlock believed we took in about one million last
year in impact fees; so, with a 20% shortfall, we are losing
$200,000 a year.
Director Davis agreed we are losing in some districts -
mainly the western districts.
Commissioner Wheeler expressed concern about the expense of
building roads, but was also concerned about roads cracking that
are built with a soil cement base.
43 BOOK 70 m,-[185
NOV 24 1987
Fr- -1
NOV 2 4 1937
BOOK 70 F'rvIJE 186
Director Davis advised that we use only limerock base on all
collector roads, and further advised that while soil cement may
crack, it does not come apart and go into pot holes.
Commissioner Bird asked if we are so far along with the
alignment of the Boulevard that we know absolutely that this will
the R/W that will be required.
Director Davis confirmed that as far as the design is
concerned, we are, but there is communication with the Hoffman
property representatives and some other people still wanting to
shift the road around, and if something like that transpires, we
may have to make some adjustments.
Commissioner Bird noted that was his question. Here we are
about to commit ourselves to buy this property in a particular
place, and he understands there is still some talk going on. He
had a visit paid to him, as he was sure the other Commissioners
did also, by representatives of one individual who said if the
Board will work with him and adjust this R/W to some degree, he
might be of a mind to donate the R/W through his property.
Chairman Scurlock believed when this issue was discussed
before, the Commission said that we do not want to participate in
developing along there and agreed that we were going to go ahead
and acquire about 106 acres to construct our road.
Commissioner Bird noted that he probably was one of those
who voted for them to keep hands off and not tell our engineers
where to put the road, but the input he got the other day made
him feel that it is at least worth listening to their plan if we
can end up saving some money.
Chairman Scurlock believed the key to the issue is that the
property is mostly in the City and without the City's approval,
it all falls apart. He agreed that the developer's idea that if
you let me have some buildable area, I will give you the R/W and
we'll all be better off, sounds great, but he felt our main
purpose is to build a road, and he did not want to go round and
round with the developer and the City for years. He stressed
44
� s �
that he wants to get the road finished, and from an environmental
standpoint, he personally felt the best thing is to keep a
pristine view of the river. He also pointed out that eventually
we will have a new bridge come across somewhere in that area, and
he did not want to get in the position of having to buy buildings
in order to build a new bridge.
Discussion continued at length about R/W being moved all
over, and Director Davis reported that in 1980 it was pinned down
with the environmental agencies that this was the least environ-
mentally sensitive alignment, and that is the alignment we have
instructed Boyle Engineering to use.
Chairman Scurlock believed the recommendation now is to
acquire 106 acres, and Director Davis confirmed that recommenda-
tion was made to the Board and staff requested permission to
survey the property, prepare the appraisals, and begin negotia-
ting. The Board approved proceeding with the survey, and the
request is in the newspaper right now for a surveying company to
give us a proposal.
Commissioner Bird commented that he did not know if they are
right or wrong, but he felt there was merit in at least listening
to the developer's plan, which they claim would give us better
mitigation of the wetlands, give us the R/W we need for free, and
allow them to do some development. He felt it might be
beneficial if we could reach.an agreement where we say we agree
to all that, but make it plain that what they do with the City is
totally aside and separate - they may or may not get the
approvals, but in the meantime maybe we have made a good deal.
Chairman Scurlock noted that we have had another proposal.
Someone from the Vero Beach Country Club suggested the possibil-
ity of participating fi.nancially with the county in relocating a
couple of their holes over into the environmentally sensitive
area, if that can be done, as this would help solve the parking
problem they have had for a long time. In spite of these various
offers, the Chairman stated that he personally felt we should
45 BOOK d 0 r,AUE 187
iNOV n: 1987
NOV 2 4 15-87 7 p
BOOK 8 O FAGS 188
just go ahead, bite the bullet, buy the property and keep it. He
did not believe we want development along the river in any event;
it is low and it is wet.
Attorney Michael O'Haire noted that he did not care whether
the road gets built or where it gets built, but the county is
going to pay the money and buy the property because the county
has told his clients they can't use their land, and that's
condemnation.
Commissioner Bird explained that all he is trying to
determine is whether it may be possible that we are going to
commit to buying a particular piece of land and then find out the
alignment doesn't fit.
Director Davis asked Mr. O'Haire if there is a gradual shift
in the alignment as the Boulevard south of Barber Avenue meets
Barber Avenue, whether his client might be willing to make a
gradual shift in an exchange of deeds in the future, and Mr.
O'Haire stated that he did not know but would not slam the door
on that possibility.
Commissioner Eggert asked why, since we have discussed
different alignments and.the DER found this the best one, we now
open the subject, and the Chairman continued to stress that it is
time to tell them to "take a hike," bite the bullet, and purchase
what is needed.
Commissioner Wheeler commented that he talked with them
also, and his position was that if we can get the property for
free by moving the highway approximately 200' east, that would be
the extent of our involvement. Any problems they had with fill
or with building within the City limits, would be their problem -
we would be out of it.
Chairman Scurlock felt they have not talked about this to
every Commissioner, and Commissioner Wheeler continued that his
concern is this now has gone so far that he, as one Commissioner,
is really not interested in going in and even renegotiating the
alignment of the intersection. They would have to do that, and
he did not think there is time. The road is ready to go.
Commissioner Eggert felt we had decided on our position on
this some time ago.
Question arose regarding the appraised value of the land,
and Director Davis believed the Property Appraiser has wetlands
appraised at $3,000 per acre, and Chairman Scurlock noted that we
then would be talking about $300-400,000. Director Davis felt
there is a communication that Mr. Hoffman may take about $12,000
an acre for his land.
Discussion continued at length re building the road,
mitigation, DER requirements, etc. Commissioner Bird felt if we
can get a private developer to do the mitigation, it would be to
our advantage, but other Board members doubted we can get the
City of Vero Beach to go along with any private development.
Commissioner Eggert asked if we don't get back again to the
drainage problem at Country Club Pointe, and Director Davis felt
it might be possible to divert drainage to the main relief canal,
but he did not know what position Indian River Farms Drainage
District would take on that.
Chairman Scurlock wished to know, in the event we did try to
work with developers, whether it would take more time to build
the road or less, and Director Davis advised that we have
submitted for all DER permits and are in the review stage, but he
believed, if we tried to work with the developers, the City would
file an administrative appeal and that definitely would take more
time.
Discussion continued at length in regard to meeting with the
City to determine their position on this matter.
Commissioner Wheeler stressed that he is mainly interested
in building the road and not delaying it and waiting for the
developers to evaluate everything.
Commissioner Bird believed they feel that the door has been
somewhat closed re having an opportunity to discuss alternate
plans with either the Public Works Director or the engineers.
OV 2 AL 1987 47 BOOK • 70 PAG489
BOOK 70 PA1U
Commissioner Eggert emphasized that when we last met with
the developers, they were instructed to move ahead and contact
staff just the same as everyone else who had a particular problem
in relation to the construction of the Boulevard, and if they
haven't done that, she felt it is their fault.
ON MOTION. by Commissioner Eggert, SECONDED by Com-
missioner Wheeler, the Board unanimously approved
the County Attorney's recommendation to enter into
the Final Judgment, pay the developers $249,073 as
full payment for the 200' strip of RIW through their
property and any possible damages, and also authorized
contesting the attorney's fees.
Chairman Scurlock wished to go on record that he is not
interested in working with developers.
Commissioner Bird pointed out that we might be talking about
hundreds of thousands of dollars.
Chairman Scurlock noted that he has his position. He does
not want to do anything with that group that is going to delay
us, and he doesn't see it benefitting us. He sees this property
as environmentally sensitive and feels it should be retained as
it is. We can do the mitigating through the permitting process,
and we will pay the appropriate amount for submerged land.
Commissioner Bird noted that we may end up paying consider-
ably more than we could have paid if we worked with them and then
let them pay for some of those costs.
Commissioner Bowman felt it may be worth several hundred
thousand dollars just to have an unobstructed view as you drive
along that Boulevard.
Chairman Scurlock commented that he has heard many positive
comments about how beautiful it is to drive along the section of
Indian River Boulevard that has just been constructed and not see
it lined wall to wall, and he felt it would be nice to have the
48
drive all the way up to the hospital an aesthetically pleasing
situation.
Commissioner Bird pointed out that it is only a matter of
time before you are going to see Indian River Boulevard south
wall to wall because the property on both sides of it is zoned
for multi -family, and Chairman Scurlock believed that really
makes his point that we should not let that happen to the north
because they can't build on that property.
TRANSPORTATION PLANNING COMMITTEE REPORT
Commissioner Bowman reviewed the following report:
TRANSPORTATION PLANNING COMMITTEE
SUMMARY OF ACTIONS
November 11, 1987 MEETING
1. Intersection Study - CR -512 at Barber Street
The Committee recommends approval of several minor traffic
operational improvements, mainly involving actions by the
City of Sebastian on Barber Street. County -funded
improvements are no -passing zone markings on CR -512.
2. Corridor Study 58th Avenue (CR -6.13)
The Committee recommends approval of the report as submitted
except for an increase in.right-of-way from 120' to 150'
(page 14 of study.) A separate agenda item for BCC action
will be submitted.
3. Intersection study - 45th Street at Old Dixie Highway
This item was tabled due to Mr. Jackson's absence.
The Board accepted the report for the record, and Public
Works Director Davis advised that the King's Highway study will
be on next week's agenda.
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Gv 2 4 1981
BOOK 70
ADVERTISE PUBLIC HEARING ON EMERGENCY MEDICAL SERVICES ORDINANCE
Commissioner Eggert reviewed the following and requested
that the hearing be set for December 22nd, which allows enough
time to advertise:
TO: The Board of County Commissioners
FROM: Carolyn K. Eggert, Commissioner
DATE: November 22, 1987
SUBJECT: Emergency Medical Services Ordinance
After much review by all emergency services and County
staff, I am attaching a proposed ordinance regarding
certificates of need and convenience.for ambulance services.
I recommend that the Board authorize the County Attorney to
advertise for a public hearing to be held the second meeting
of January.
ON MOTION by Commissioner. Eggert, SECONDED by Com-
missioner Wheeler, the Board unanimously authorized
staff to advertise a public hearing on the proposed
Emergency Medical Services Ordinance for December
22, 1987.
Commissioner Eggert reported that Emergency Management
Director Doug Wright is currently doing a study of the Sebastian
Ambulance Squad situation, and we will have a report back within
the next two weeks.
There being no further business, on Motion duly made,
seconded and carried, the Board adjourned at 10:30 o'clock A.M.
ATTEST:
t
Clerk
50
Chairman