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HomeMy WebLinkAbout11/18/1981Wednesday, November 18, 1931 The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the City Hall Council Chambers, 1053 20th Place, Vero Beach, Florida, on Wednesday, November 18, 1981, at 8:30 o'clock A.M. Present were William C. Wodtke, Jr., Vice Chairman; Dick Bird;and Don C. Scurlock, Jr.; Alfred Grover Fletcher was expected to arrive shortly as he was experiencing car trouble. Patrick B. Lyons, Chairman, was out of town. Also present were Neil A. Nelson, County Administrator; L. S. "Tommy" Thomas, Intergovernmental- Coordinator; George G. Collins, Jr., Attorney to the Board of County Commissioners; Jeffrey K. -Barton, Finance Director; Dan Fleischman, Bailiff; and Janice Caldwell and Virginia Hargreaves, Deputy Clerks. Vice Chairman Wodtke called the meeting to order. Commissioner Bird led the Pledge of Allegiance to the Flag, and Reverend Fred McClellan, First Presbyterian Church, gave the invocation. Vice Chairman Wodtke deferred the addition to the agenda and approval of the Minutes until Commissioner Fletcher was present. CLERK TO THE BOARD On Motion by Commissioner Scurlock, seconded by Commis- sioner Bird, Commissioner Fletcher being temporarily absent, the Board approved the Budget Amendment for Unemployment Compensation, as follows: NOV 181981 600K 43 PA.�7 132 NOV 181981 BOOK 48 PAI -,F-133 ACCOiJIW TITLE Unemployment Comp. Unempla�miesnt Camp. Unemplayment Camp. Unemployment Comp. Unemployment Comp. Unemployment Ccmp. Reserve for Cont. Reserve for Cont. Reserve for Cont. Reserve for Cont. ACCCUN17 NUMBER IBER 001-300-512-12.15 004-209-534-12.15 001-210-572-12.15 004-214-541-12.15 108-222-534-12.15 411-217-534-12.15 001-199-513-99.91 004-199-513-99.91 411-199-534-99.91 108-222-564-99.91 INCREASE $ 315 77 820 365 77 735 -DECREASE $1,135 442 735 77 On Motion by Commissioner Scurlock, seconded by Commis- sioner Bird, Commissioner Fletcher being temporarily absent, the Board approved the.State Witness Payroll, County Court, Term ending October 26, 1981, in the amount of $128.97. On Motion by Commissioner Scurlock, seconded by Commissioner Bird, Commissioner Fletcher being temporarily absent, the Board approved the Vice Chairman's signature for the following deputies appointed by Sheriff Dobeck: Jimmy C. Fielding -Laurence A. Cline Frank Puckett Alvis D. Liford Kenneth J. Grogan Freddie C. Morton Ben Eugene Hope The following reports were received and placed on file in the Office of the Clerk: Traffic Violation Fines by Name - October 31, 1981 Traffic Violation Bureau - Special Trust Fund, October, 1981 - $33,441.78 Report of Juveniles in Jail - September, 1981 CONSENT AGENDA On Motion by Commissioner Scurlock, seconded by Commis- sioner Bird, Commissioner Fletcher being temporarily absent, the Board accepted the Preliminary Engineering Drainage Study, Phase III, Final Report for the City of Vero Beach and Indian River County, Florida, prepared by Reynolds, Smith and Hills - October, 1981. On Motion by Commissioner Scurlock, seconded by Commissioner ._ Bird, Commissioner Fletcher being temporarily absent, the Board approved the following applications to carry a concealed weapon for: Frank T. Richardson. Sylvester S. Strang' Pierce R. Ennessy Harold A. Whitaker _-Vernon Heino Luhr On motion by Commissioner Scurlock, seconded by Commis- sioner Bird, Commissioner Fletcher being temporarily absent, the Board approved the renewal application to carry a concealed weapon for Myron J. Madsen, Jr. RESIGNATION OF WILLIAM G. GRIZZELL NOV 181981 L_ The Board next discussed the following letter: book 43. uu 1.14 NOV 181981 WILLIAM G GRIZZELL 735 BROADWAY VERO BEACH, FLA. 32960 :ter. Pat Lyons, Chairman Indian River County Commissioners 2145 - 14th Avenue, Vero Beach, Fla. 32960 Dear r. Lyons Bali( 48 PAc 35 Nov. 3rd, 1981 I hereby submit my resignation as a member of the Indian 1liver County Beard of coning -djustment, effect- tive Jan. lst, 1982. I will have served five years on this Board and' -I am grateful to have had the privilege to serve with the fine and dedicated members of this Board during my terms. I plan to do some traveling in the next year and probably would not be available to at -',end many meetings. Therefore I feel it would be unfair to the Board and its members to continue under such conditions. Thanks again for the Drivilege to do something to help Incian "fiver '�cunty government serve its people. JS;incerely, - Motion was made -by Commissioner Bird, seconded by Commissioner Scurlock, that the Board accept Mr. Grizzell's re- signation, with regrets, and instruct the County Attorney to prepare a resolution effective January 1, 1982. The Vice Chairman called for the question. It was voted on and carried 3 to 0, with Commissioner Fletcher being absent. Commissioner Fletcher arrived at the meeting at 9:05 A.M. WAVE HEIGHT ANALYSIS - FLOOD INSURANCE RATE MAPS The Board reviewed the following memorandum from the County Administrator: TO: Honorable Board of County DATE: November 10, 1981 FILE: Comm, issioners ;.�0tf 1n8i �J1 SUBJECT: WAVE HEIGHT ANALYSIS & NEW FIRMS Nclk��9qeZ tVI FROM. Neil Nelson RE;: ERENCES: County Administrator It is recor-mended that the data herein presented be given formal consideration by the County Commission.. DESCRIPTION & CONDITIONS: -- The purpose of the titirave Height Analysis is to revise the Flood Insurance Rate Maps (FIK1) in the -unincorporated -areas of Indian River County to include the effects of wave action associated with flooding from the Atlantic Ocean at the open coast and at Indian River and Sebastian Creek. Previously, FIRI•Is were produced showing only the stillwater storm - surge elevations due to the lack of a suitable and generally applicable methodology for estimating the wave crest elevations associated with storm surges. These stillwater elevations were subsequently stipulated in community flood plain management ordinances as the minimum elevation of the first floor of new construction. Co-"munities and individuals had to consider the additional hazards of velocity waters and wave action on an ad hoc basis. Because there has been a pronounced tendency for buildings .to be constructed only to meet minimum standards, without consideration of the additional hazard due to wave height, increasing numbers of people could unknowingly be accepting a high degree of flood -related personal and property risk in coastal areas subject to wave action. Therefore, the Federal Emergency Management Agency has pursued the development of a suitable methodology for esti- mating the wave crest elevations associated with storm surges. The recent development of such a methodology by the National Academy of Sciences has led to the adoption of wave crest elevations for use as the base flood elevations in coastal communities. The stillwater elevations developed used as the starting elevations for herein. ALTERNATIVES AND ANALYSIS: for these previous studies were the wave height analysis presented The data in the Wave Height Analysis report is authoritative for the purposes of the National Flood Insurance Program and data presented in that report supersede all previous flood elevation determinations. Wave heights were computed along transects which were located along the coastline as shown in Figure l on the report. Each transect was taken perpendicular to the shoreline and extended to the inland limit of tidal flooding. Along each transect, wave heights and elevation= were computed considering the combined effects of charges in g- 1 -cu -elevation, vegetation, and physical features. The stillwater ele- for the 100 -year flood were used as the starting elevations for t. computations. Wave heights were calculated to the nearest 0.1 fooar, and wave elevations were determined at whole -foot increments along the transects. The location of wave heights of approximately 6 fee=, NOV 181981 5 t'�GK 3 F;, r7136 NOV 181981 BOOK 43 PAPE 13-7, with wave crest elevations of 12 feet, will be encountered at the Atlantic Ocean open coast shoreline during a 100 -year storm tide. These waves are completely dissipated, and the 100 -year storm surge is stopped at the seaward end of the primary coastal dune by rising ground elevations. No shore protection structures are located within the 100 -year Atlantic coastal flood plain in Indian River County. Wave heights in the Indian River vary in relation to the extent of open water and the stillwater elevations calculated in the various areas. These waves are dissipated primarily on the western shore of Indian River by a combination of rising ground elevations and ob- structions in the flood plain such as buildings and vegetation. In some cases, islands in Indian River with sufficient ground elevation and obstruction characteristics can dissipate wave energy. Areas along the western shore of Indian River which have been bulk -headed are provided protection from waves by depth -limitation when the bulk- heads are built to sufficient elevations. These structures are ex- pected to remain intact during a 100 -year storm tide. After flood insurance zones were established for the study area, the FIRM for Indian River County was revised to incorpora-te the new zone information. This.map contains the official delineation of flood insurance zones and base flood elevations. In preparing the revised FIRM, updated topographic information was used to revise the Atlantic coastline and some zone boundaries in areas not affected by the wave height analysis. Corporate limits and cultural features were revised using current county and co:.,nunity maps. The assignment of proper actuarial insurances rates requires that frequency and depth of flooding be estimated as accurately as possible. Because waves can add considerably to expected flood depths, it is important that insurance rates consider this additional hazard. The Federal Emergency Management Agency has developed a process to transform the data from this study into flood insurance criteria. This process includes the determination of Flood Hazard Factors and the designation of flood insurance zones and rates. RECO?247-Z"DATIONS : It is recommended that Ind--i-an River -County Ordinance 78-25 refer_J.-_, to building construction under the Federal Flood Insurance Program be amended by: 1) Adopting the revised flood Emergency Management Agency tions for purposes of flood maps, provided by Federal , as the base flood eleva- plain management. 2) Adjusting the ordinance content where applicable so that it is consistent Faith wave height criteria in the revised FIRM. It is further recommended that the Board of County Commissioners hold a public hearing on December 16th , 1981, to adopt a flood pro- tection ordinance amending Ordinance 78-25. Planning Director Rever reviewed the fact that new boundaries have been defined. He stated he would like to present a new ordinance at the December 16th meeting as the present one was too general. Mr. Rever felt the standards should be modified to make the ordinance more specific. Lengthy discussion followed about the flood maps. It was determined that this matter should have further in-depth study before the maps could be accepted by the Board. Motion was made by Commissioner Scurlock, seconded by Commissioner Bird, that the Planning Director be authorized to contact the appropriate agency, move ahead with revising the flood map and drafting the proposed ordinance, :and advertise for a public hearing. Discussion ensued about a time limitation for the adoption of the ordinance - this will be checked by the Planning Director. Commissioner Fletcher inquired if the position of persons seeking insurance would be changed, under this federal program, if the County authorities did not adopt the flood maps. Attorney Collins responded affirmatively. He felt this was a very important matter and hoped the Board would soon be able to make its decision. Commissioner Scurlock added to his Motion that the Chairman be authorized to make contact with the proper authorities informing them that the County is moving ahead with the flood insurance matter. Commissioner Bird seconded the addition. The Vice Chairman called for the question. It was voted on and carried unanimously. ADDITIONS TO AGENDA Attorney Collins requested adding an item regarding the Capital Improvement Revenue Bonds (Junior) for the Administration Building, as there is to be a closing in Orlando on November 24th, and various certificates must be signed. Discussion followed. NOV 181981 3 Pt. E1,38 7 NOV 181981 Book 48 PAPF- 139 On Motion by Commissioner Scurlock, seconded by Commis- sioner Bird, the Board unanimously approved having a Special Meeting on November 19, 1981 at 7:30 o'clock A.M. in the County Courtroom regarding the Capital Improvement Revenue Bonds (Junior) for the Administration Building. Vice Chairman Wodtke requested adding a report regarding the Council on Aging. On Motion by Commissioner Scurlock, seconded by Commis- sioner Bird, the Board unanimously agreed to add the emergency item on the agenda regarding Council on Aging. APPROVAL OF MINUTES The Vice Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of September 30, 1981. On Motion by Commissioner Bird, seconded by Commissioner Scurlock, the Board unanimously approved the Minutes of the Regular Meeting of September 30, 1981, as written. The Vice Chairman asked if there were any additions or corrections to the Minutes of the Special Meeting of October 1, 1981. On Motion by Commissioner Scurlock, seconded by Commissioner Fletcher, the Board unanimously approved the Minutes of the Special Meeting of October 1, 1981; as written... The Vice Chairman asked i.f.there were any additions or corrections to the Minutes of the Special "Meeting of October 5, 1981. On Motion by Commissioner Fletcher, seconded by Commissioner Scurlock, the Board unanimously approved the Minutes of the Special Meeting of October 5, 1981, as written. The Vice Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of October 7, 1981. Commissioner Scurlock referred to page 29, line 30, and requested that $47.00 be changed to $147.00. On Motion by Commissioner Scurlock, seconded by Commissioner Bird, the Board unanimously approved the Minutes of the Regular 'Meeting of October 7, 1981, as amended. L� The Vice Chairman asked if there were any additions or corrections to the Minutes of the Special Meeting of October 15, 1981. On Motion by Commissioner Scurlock, seconded by Commis- sioner Fletcher, the Board unanimously approved the Minutes of the Special Meeting of October 15, 1981, as written. ST. FRANCIS MANOR LEASE Frank Zorc approached the Board to discuss the lease that St. Francis Manor has %.i.th the County, which is for $1,000 a year, for 99 years. Mr.. . Zorc then gave the background of the Manor. The County advertised to lease the subject property for non-profit usage, and St. Francis Manor submitted their bid, which was the only one received. St. Francis Manor is the only such project in existence in the area and has been for the past ten years. The Manor serves 110 people, of 15 different denominations, and the average age factor is 80 years old. Mr. Zorc continued that the concept was to build the Manor without any federal funds, using only local means. He then asked the Board to consider the record of St. Francis Manor and requested that their lease be lowered to $1 a year. Mr. Zorc then spoke of the meal program where their residents can get one hot meal a day for $1.25, which the Manor has to subsidize out of their general fund. There are 40 to 45 people a day participating in the meal program, and they could allocate the savings on the lease to subsidize this meal program. Commissioner Bird inquired what the total operating expense was for the past year. Mr. Zorc responded that it was about 98% of the income factor. He added that they have a residue of about 20 for major repairs; they are on a break-even basis. N O V 181991 ar,;� P4CF140` NOV 181981 FAc,44 Vice Chairman Wodtke noted that they had not paid their $1,000 on the lease, which was due on September 1, 1981. He stated that he was proud of what they have been able to accomplish at St. Francis Manor. Air. Zorc reported that they were cooperating in the County's Section 8 rent subsidy program, with approximately 10 or 12 people participating. He reiterated that the Manor was providing apartments to help the County's program work. Lengthy discussion ensued regarding the lease. It was determined that insurance coverage should be checked on this lease, as well as others the County may have, and to request an operating statement from St. Francis Manor. Motion was made by Commissioner Fletcher, seconded by Commissioner Scurlock, that the lease.with St. Francis Manor be reduced to $1.00 a year contingent upon the meal program remaining in effect; if it is not in effect, then 60 days thereafter, the lease would return to $1,000 annually. Vice Chairman Wodtke stated that he would vote against the Motion as originally it was drawn up by their attorney*.-- He added that he was in no way opposed to what St. Francis Manor was doing for housing the elderly. -Vice Chairman Wodtke stated that the $1,000 a year was not intended to reimburse -the County for the land, over a period of 99 years; the fact is that -St. Francis :Manor chose to pay $1,000 for 99 years. Vice Chairman Wodtke called for the question. It was voted on with a vote of 2 to 2, with Commissioner Bird and Vice Chairman WIodtke voting in opposition. The Motion failed for lack of a majority. SENIOR CITIZEN CENTER The Board next reviewed the following correspondence from Frank Zorc: n I NOV 181981 F-1ZA YK L. Z 0R REAL ESTATE CENTER November 2, 1981 Indian Ri er Co y Commission Mr, Patr ck ns Chairman and Commission Vero Beach,Florida Gentlemen: RE: Senior Citizen Center Please consider my feelings on the above matter: wK 48 PAGE.14 . 140016th Street at 14th Avenue Vero Beach, Florida 3960 Telephone: (305)X52-4646 1305) 567-3122 I think the county should explore being of assistance in helping the Council on Aging to acquire a Center. A government grant may be the desirable means of financing, and should be explored. If a grant, or any other type of financing is obtained, bidding to furnish such a facility whether new or existing should be offered to any interested party. I suggest that the commission consider the possibility of using a portion of the existing county jail property and buildings, in connection with the requests of St. Francis Manor for the jail properties considerations when phased out. The combination of a Senior Citizen Center adjacent to the Manor project, just could be an ideal situation. Worth considering anyway, particularily now that the new jail project will be getting more priority action, NOTE: The Manor has requested discussion on,this.on.--Nov. 18, 1981. REALTOR" cc Commissioners Council on Aging Director Media St. Francis Manor Directors "We will appreciate the npportunity to help you in any real estate need!", Developer of "Citrus Bowl Plaza" — Exclusive Agents for New Homes M- im s tomX.- 0 o„ M () �%,! / '1a ; ifZV,� , % -Si�if�����✓✓ {�/ _ � gra• 'R/VA [E N _T } Of Vero Beach, Inc. February 3, 1981 Indian River Countv Commission Mr. Pat Lyons, Chairman 2145 14th Ave. Vero Beach, Florida Dear Mr. Lyons: 1750 20TH AVENUE P.O. BOX 6250 VERO BEACH. FLOP'_ (305) 562-8575 In recent weeks there has been publicity about the feelings of nersons.regarding consideration of building a new county jail at a new site and "leaving the rundown 18 -year old jail behind"'. Of course I realize you will not laterally just leave the pre- sent facility behind, but a use or disposition will also come into the picture. .Fully realizing that there is no time table to these consider- ations, and it may not happen in years, I would like to be on record of expressing the following. On behalf of the board of directors of St. Francis Manor, we request consideration of obtaining the site, if, and when- ever, it is phased out of use as a jail and or sheriff depart- ment location. The Manor site is immediately adjacent, connected to the west, directly in line. We are now in process of an expansion program adding all the additional apartments our site can accommodate. Although we have no specific plans, one of our hopes or dreams has been to someday include a close by facility to care for elderly residents who gradually, become unable to care for them- selves -(a requirement for residency at the Manor),.and are of course forced into nursing care facilities. We feel it would be a tremendous psvcological advantage, with many benefits, if some of these persons "in-between" good health and total convales- cence could move "next door" into a semi -nursing care facility, and continue living at their home, St. Francis Manor, for several more years in most cases. Thanking you in advance for any considerations you are able to -give us. Respectfully, F.rank� L . " Zorc President FLZ:lh BOOK 43 PArF x.42 NOV 181981 11 I � � r Mr. Zorc commented that they now have 98 apartments at St. Francis Manor, and their site plan is complete. In thinking of possibilities for the future, Mr. Zorc stated that they have an interest in the old jail property whenever the County decides to phase it out. He suggested that the County might think of using grant money as a means of financing a facility for senior citizens. Mr. Zorc felt this location would be ideal for a senior citizen i - center, and the remainder of land could be purchased or leased to the Manor for more apartments. Mr. Zorc discussed the possibility of renovating the old jail to make it into a convalescent home, instead of their residents having to go -into a nursing home when they are no longer ambulatory. Lengthy discussion followed about the time frame - the final application must be completed in 30 days with the Council on Aging, and grant funds must be used by December 31st of this year. It was determined that there was little time to consider using those funds. Vice Chairman Wodtke suggested that since Mr. Zorc's letter of February 3, 1981 is part of the record, when the jail property becomes available, St. Francis Manor then would be under consideration as a prime prospect for utilization of the old jail building. Commissioner Bird commented that he would like to see a senior citizens center, but the timing now is bad, with the 30 day deadline. He did not think the County could meet it. Mr. Zorc suggested the Board explore the possibility of contacting the proper agencies to determine if they would consider a contract for a building that would not be phased out for possibly three years. Vice Chairman Wodtke commented that he would talk to the Council on Aging regarding this matter. NOV 181981 13 BOOK 43 PAv144 N 0 V 181981 x 48 e 1 FLORIDA POWER & LIGHT - PROPOSED AGREEMENT RE STREET LIGHTS The Board then reviewed the following material: October 29, 1981 Mr. Neil Nelson Indian River County Administrator 2345 14th Avenue Vero Beach, FL 32960 Dear Mr. Nelson: BOX 460. FT. PIERCE, FLORIDA 3;454 FLORI-_-4 PO'i.:4i & UGHT COV,:. :%Y Y J Mr. Neil Nelson Indian River County Administrator 2345 14th Avenue Vero Beach, FL 32960 Dear Mr. Nelson: BOX 460. FT. PIERCE, FLORIDA 3;454 During phone conversations with Messrs. Hamilton and Davis, we understood that the Commission has requested separate street lighting agreements for Lighting Districts, specifically Laurelwood Subdivision. The intent of these agreements is to form a contract binding FPL to a governmental body such as a city or county. We are not permitted to form these contracts with sub -groups or individuals on the same basis as with a city or county because of differing financial requirements. Other than with a governmental body, we are required to collect the entire cost of material and construction up front and then refund the payment over a ten-year period. As you can see, counties and cities have special privileges for free installation of fighting facilities that should not be disrupted in Indian River County. Would you please ask the Commission to reconsider their request? I can meet with you to discuss the problem, if you wish. We're not quite sure why the Commission requested the change, but we certainly _�.ould like to satisfy their requirements, if possible. HRR: slt EW4 Sincerely yours, d , H. R. Reiner FLORI-_-4 PO'i.:4i & UGHT COV,:. :%Y During phone conversations with Messrs. Hamilton and Davis, we understood that the Commission has requested separate street lighting agreements for Lighting Districts, specifically Laurelwood Subdivision. The intent of these agreements is to form a contract binding FPL to a governmental body such as a city or county. We are not permitted to form these contracts with sub -groups or individuals on the same basis as with a city or county because of differing financial requirements. Other than with a governmental body, we are required to collect the entire cost of material and construction up front and then refund the payment over a ten-year period. As you can see, counties and cities have special privileges for free installation of fighting facilities that should not be disrupted in Indian River County. Would you please ask the Commission to reconsider their request? I can meet with you to discuss the problem, if you wish. We're not quite sure why the Commission requested the change, but we certainly _�.ould like to satisfy their requirements, if possible. HRR: slt EW4 Sincerely yours, d , H. R. Reiner BOX 460, FT. PI ERCE, F LORIDA 33454 FLORIDA POWER & LIGHT COMPANY November 6, 1981 Mr. J. Davis �� ;r• Indian River County Engineer 2145 14th Avenue Vero Beach, FL 32960 Re: Conservation Lighting Conversion Agreement Dear Mr. Davis: Regarding our phone conversation on November 5th, we are proposing a revision to the lighting agreement which will be advantegeous to the County. Please note that the revision consists of striking the word "cut-off" from the Exhibit "D" copies. This change to the contract will allow the County to select between the cut-off type and other type fixtures recently intoduced. We now have a new high pressure sodium vapor fixture that resembles the open bottom mercury vapor unit that has been very successful over the years and also a new refractorized cut-off type. Each type has its own lighting characteristics, and the change to Exhibit "D" will allow the selection of the proper type for the application at hand. In the larger sizes of 22,000 and 50,000 lumens, we've also retained the standard cobra head model converted to high pressure sodium vapor. These newer lights will have the characteristic "glow" effect associated with older street lights, whereas the cut-off fixture focuses all light directly downward (no "glow" effect). The rates for different fixtures of the same lumen size are identical. We expect the rates to stay the same, but, of course, can't guarantee that they will. With the variety of fixtures now available, we though it would be a good idea to invite two or three County officials who are responsible for street light selection to our Miami office for a first-hand night demonstration of the types available. We feel that this knowledge is necessary for our lighting customers in order for them to select the proper units. Our apologies for not having this information earlier, but the new styles were just released for our use last week. Please strike the words "cut-off" on Exhibit "D", initial the changes, and return the copies. We will then return your copy with our initials. Let us know if there are any questions. Sincerely yours, H. R. Reiner, P.E. Novi 8 1981 A00K 4P;icF 146 15 N O V 181981 TO: The Honorable Members of the DATE: November 6, 1981 Board of County Commissioners am 48 enr-147 FILE: SUBJECT: Agreement proposed by Florida Power and Light to Convert Existing Mercury Vapor Street Lights to Energy Efficient High Pressure Sodium FROM: Neil A. Nelson, REFERENCES: 1) H.R. Reiner to Neil Nelson, County Administrator County Administrator dated Oct.29,198 2) Neil Nelson to Board of County gate d—.ept . 1, 1981 DESCRIPTION AND CONDITIONS During the September 30, 1981 meeting of the Board of County Commissioners, the above subject agreement was discussed. At that time, the following questions were presented: 1) Commissioner Fletcher had questions about the cost and efficiency of the new lights. 2) Attorney Collins questioned the applicability of the agreement to cover the Laureli•,-ood and Rockridge Street Lighting District. ALTEP ATIVES AND ANALYSIS In discussing these items with Dir. H.R. Reiner of FPL, he states that the intent of the agreement is to form one contract with the County binding FPL to a governmental body such as a County or City. Mr. Reiner claims that FPL is not permitted to form these contracts with street lighting districts. At the advice of the County Attorney and as agreed by Mr. Reiner of FPL, if the agreement is executed between "Indian River County on behalf of itself and the effected Municipal Service Street Light Districts" and FPL, this matter -can be resolved. The Direct Cost savings. to the County and Laurelwood Street Lighting District is: North Countv Savings South County Savings Laurelwood Savings Total Savings _ $912.00 per year .363.448 per year 266.40 Per year $15.11.88 per year One agreement will serve all areas as proposed. The Rockridge District is serviced by the.City of Vero -Beach and does not apply. Mr. Reiner also requests that-"F-Yhibit D" (Replacement Proposal) be revised to delete the word "cut-off" beneath the Proposed Replacement (lumens - type) column to allow the flexibility of using new products now on the market that are superior to the "cut-off" lunimaire. The alternatives considered are as follows: Alternative # 1 Approve the Chairman executing the agreement between "Indian River County -on behalf of itself and the effected Municipal Service Street LiRt Districts". The impact approvin, this alternative would have includes a� savings of $1,215.48 per Near for the County and $266.40 per year for the Laurelwood Street Lighting District. The Rockridge Street Lighting District is serviced by the City of Fero Beach, not FPL. 11 Alternative # 2 Deny approval of the agreement. FPL has indicated that they can proceed to change the luminaires regardless of the County denying the agreement. The PSC has mandated this conversion. RECONMENDATIO\NS AND FUNDING Based upon correspondence with County staff and FPL, it is recommended that "Indian River County on behalf of itself and the effected Municipal Service Street Light Districts" approve and execute,_the Street Light Conversion Agreement with the mord "cut-off" being deleted prom "Exhibit D" (Replacement Proposal) for each fixture type. Funding considerations only apply to a savings being realized by the County. Discussion followed. On Motion by Commissioner Scurlock, seconded by Commis- sioner Pletcher, the Board unanimously authorized the Administrator and Attorney to review the Agreement proposed by Florida Power & Light to Convert Existing Mercury Vapor Street Lights to Energy Efficient High Pressure Sodium, as recommended,by the Administrator in his memorandum of November 6, 1981, and authorized the signature of the Chairman. The Agreement will be made a part of the Minutes when received. 17 BOOK , 8PE- US I N 0 V 181981 booK 48 pArr U ROAD IMPROVEMENT PROGRAM - CASH FLOW PROGRAM The Board reviewed the following material from the County Administrator: TO: The Honorable Members of DATE: November 6, 1981 FILE: the Board of County Commissioners SUBJECT: Indian River County Road Improvement Program - Cash Flow Program as funded by the Transportation Trust Fund. FROM: Neil A. Nelson REFERENCES: County Administrator DESCRIPTION AND CONDITIONS The Department of Public Works has prepared a preliminary flow diagram for the Transportation Trust Fund (80`' of 5th and 6th cent Gas Tax). Only 2 projects have been proposed for funding at this time. These projects are: 1. 8th Street, from U.S. 1, to 6th Avenue. Signalization has been previously approved by the Board for this intersection, however, the original approval did not include the Eastern portion of 8th Street. Once signalization design is updated, it will be added to the 8th Street construction cost. Design is currently proceeding and the right-of-way appraisal is almost complete. 2. Storm Grove Road right-of-way. This project was considered by the Board during the October 21, 1981, meeting and right-of-way aquisition has been in the works for 2 years or so. It is anticipated that no further funds will be expended on this project at this time. The engineering fees for Indian River Boulevard are not included as project costs. On December 12, 1980, the Board established the Indian River Boulevard project fund, No. 303-214-541-33.13, and deposited $300,000 into the account. Various withdrawals since that time have been made against the account and the current balance is $174,451.42. Therefore, S125,548.58 has been expended. Also, the design engineers have been authorized to complete engineering at a cost of $11,620. Thus, $137,168.58 has'been obligated to date. ALTERNATIVES AND ANALYSIS The projects included on the cash flow sheet have been approved by the Board. Also, the engineering and related costs for the Indian River Boulevard Extension may be reimbursed to the County from the Transportation Trust Fund. The alternatives presented to the Board are as follows: Alternative1: Approve the present Road Imaroven;ent Program cash flow chart as presented at this time. Once all costs for Indian River Boulevard are accounted for as previously approved by the Board, the costs will be applied to the Transportation Trust Fund and added to this chart, thus reimbursement to the County's fund will be programmed in. Also, once signalization.costs are defined, they will be added to, the 8th Street project. Periodically, this program will be revised and presented to the Board for approval. The Transportation Planning Committee recommendations will be included in future ammendments, as directed by the Board of County Commissioners. Alternative #'2: Approve the program without past Indian River Boulevard funding cost to be added in the future and the previously approved costs for Indian River Boulevard remain from account No. 303-214-541-33.13. RECOMMENDATIONS AND FUNDING - It is recommended that alternative No. 1 be. approved and that action be taken to have the Transportation Trust Fund money applied to the projects as stated. trrc: INDIAN RIVER COUNTY DEPT. OF PUBLIC WORKS ROAD IMPROVEMENT PROGRAM -CASH FLOW , , .,••+-+ ..• >..e •w ��. a Biu W. •. • —...r ......a.w. CASH BALANCE --- - --- - - _ F15CAL YEAR ASI -1982 OCI' NBvTOEt:' JA.4 ftB ! 1fAR j -0AN M Y j 3254.3352345',3553.3;56.'.68936043707..&2 's3: _1 I_:1. Vii- Jtl'1 j JIAAUG+$ V I3903,.986407C -a�1�-I-' _ FISCAL YEAR OC• TTS! BEC, JIW iE9 �N.:� AGA t41Y JJ.Y ._ll AU6 $EP 165.4276.436945034619 473748.564977*d00 52Z4,WU354 FISCA. YEAF. OL?�1.CN S1EG YYI FEB ' NM ' At 5809y— rt- - - - - - N0TOR_ 0EL_C0UCMTIVN3; 80_(a 0 h aid 6th. CENT r=AS TAXA_ ^;TErZEST EhFiNIN3S .Of_4_PER-M.ONTHI-_- __—__ _-___--_--4s _ 3 s 5.1-53 S3 W 47, 48 SD 52' 53 52111t -- I - 4-1 33 53 63 53 53 56, 5 53 5b 63 53 at 555 53r _63 _53 6 a3 _8_60 64 63 65 66 63 70 7 7 77 - -- -• I--{--- - - - _ Lim 1 _Ftv'URES_1N TtiOUSANDS_SlF_DOLLARS - - — + -�— —_ _�- STORM GROvE ROAp- • __ -- — 81A STREET - US t—i'0 61h AVE_ A."T CF w•Y— - -�-- -1f —� -� if -- — _ - -- ----_ - - - :-� --- --1 T- N O V 181981 19 L48 X50 F.. r. A BOOK PArl5l Engineer Jim Davis explained the road improvement program. Commissioner Scurlock felt the proper approach for the Engineering Department would be to identify all roads on a list that would qualify for funding and have the dollar figures inserted - the Board needs to have the total picture. County Administrator Nelson advised that they are now in the process of compiling this information. Intergovernmental Coordinator Thomas advised the Board that they did authorize the issuance.of a tax anticipation note, and that note is due on December 17, 1981. He added that the Board could authorize withdrawal of the amount needed from the trust fund in Tallahassee; or the note could be paid out of surplus funds, and reauthorize the immediate reborrowing on an additional tax anticipa- tion note. This is called "rolling it over." Lengthy discussion ensued. Mr. Thomas felt the Board should give an indication of which route they want to use. He continued that if the Board does not want to make a decision for using the trust funds to liquidate their obligation of $300,000 plus interest, then they could authorize the Finance Department to make arrangements with the bank to "roll over" -for a period of one year. Discussion then followed regarding the final bills that will be coming in for Indian River Boulevard. On Motion made by Commissioner Scurlock, seconded by Commissioner Bird, the Board unanimously authorized funds of approximately $310,000, from the 5th and 6th Cent Gas Tax Trust Fund in Tallahassee, be allocated to the 8th Street project, as recommended by the Administrator's memorandum of November 6, 1981. On Motion by Commissioner Scurlock, seconded by Commis- sioner Bird, the Board unanimously authorized the Finance Department and the County Attorney to proceed with negotiating the Tax Anticipa- tion Roll -ever Note. - _20 - Discussion followed regarding the projects in the road improvement program. Motion was made by Commissioner Bird; seconded by Com- missioner Scurlock, that the Board approve the concept of the road improvement cash flow program, with the Board having final approval of the projects. Mr. Davis noted that since we do have more flexibility for using the funds held in trust, it could be used for any transportation advantaged project which might include the purchase of equipment and maintenance. Vice Chairman Wodtke felt a policy should be established regarding utilization of these funds for road construction. Vice Chairman Wodtke called -for the question. on and carried unanimously. CONSTRUCTION DETAIL FOR UNIMPROVED ROADS The Board reviewed the following memorandum: It was voted TO: The Honorable Members of the DATE: October 30, 1981 FILE: Board of County Commissioners FROM: Neil A. Nelson, County Administrator DESCRIPTION AND CONDITIONS SUBJECT: Construction Detail for Unimproved Roads REFERENCES: At the October 21, 1981 meeting of the Board of County Commissioners, the Public Works Department was asked to prepare a construction detail/specification for an unimproved road with proper drainage. This detail has been prepared and is attached for your approval. ALTERNATIVES AND ANALYSIS In analyzing the cost to construct this unimproved road section, it was determined that an estimated cost of $7. to $10. per lineal foot is applicable. The detail has been labeled as a "Maintenance Detail Only', as the County does not have a formal standard for unimproved roads within its Standard Specifications. RECO),NENDATIONS AND FUNDING It is recommended that the Board approve this Unimproved Roadway Typical Section for use on existing County roads and to apply as a standard in areas such as Vero Lake Estates where roads are to be brought up to the standard. of existing surrounding roads. BOOK 48 my 59 NOV 181901 21 c. CL C: 4 MIN. I X. 127 K' I A 7.5 7.5' "--lo'-- --,- "."/FT. ---- c z)o, r,/w 0 8"MARL COM�C-TLED TO 9590 MAX. DENSITY (AAS HTO T- 180) FLORIDA Brz-Art,RUG VALUE 75 P I EXISTING UNIMI—i"'ROVED -,cR.0,8,DWP-,Y TYPICAL SECTION MIAHNITENANCE DFTAIL ON! --Y PlC�TE: rrHER= DRAINAGE DITCH EX15ITS IN R/W MAINTAIN ,i 8 ml�" WIC'E' STABILIZED GRASS FHOULDER- C< 8"MARL COM�C-TLED TO 9590 MAX. DENSITY (AAS HTO T- 180) FLORIDA Brz-Art,RUG VALUE 75 P I EXISTING UNIMI—i"'ROVED -,cR.0,8,DWP-,Y TYPICAL SECTION MIAHNITENANCE DFTAIL ON! --Y PlC�TE: rrHER= DRAINAGE DITCH EX15ITS IN R/W MAINTAIN ,i 8 ml�" WIC'E' STABILIZED GRASS FHOULDER- 6' m 1.'a COV E 12" C U LVER T M I IN. I 11 C< ;El 6' m 1.'a COV E 12" C U LVER T M I IN. I 11 On Motion by Commissioner Scurlock, seconded by Commis- sioner Bird, the Board unanimously approved the recommendation of the Administrator as noted in his memorandum of October 30, 1981. PETITION PAVING PROGRAM REQUEST - LONE PALM PARK The Board referred to the following paving requests. TO: The Honorable Members of the DATE: November 3, 1981 FILE: Board of Count}, Commissioners 1. SUBJECT: Petition Paving Program Request to Pave 13th Place Lone Palm Park Unit 1 Subdivision FROM: Neil A. Nelson, REFERENCES: County Administrator DESCRIPTION AND CONDITIONS Mr. Joseph A. Fedele, official representative of the residents of 13th Place, has submitted a Petition to pave 13th Place in Lone Palm Park Unit 1 Subdivision. The road is approximately 520 lineal feet. The County Engineering - Department has verified the signatures on the petition as the true oi�ners, and the seven petitioners own 90% of the total front footage. Since this percentage is greater than the 66.7% required by Ordinance 81-27,0a valid petition has been received. The road is a dedicated road, maintained by the Count-. The right- of-way width is 501. ALTEMATIVES AND ANALYSIS Since a valid petition has been verified, the paving of 13th Place via the Petition Paving Program is justified. The proper procedure to follow is as follows: 1) Approve the Engineering Department to assign a project number to the project. 2) Proceed with the design and preparation of a preliminary assess- ment roll. 3) Approve the scheduling of a public hearing as required by the Special Assessment Ordinance. REMMMENDATIONS k\D FUNDING It is recommended that the Board of County Commissioners authorize the assignment of a project number to the 13th Place Petition Paving Project, that the Engineering Division proceed with the design of paving and drainage improve- ments, preparation of a prelimi.nar�, assessment roll, and authorize the scheduling of a public hearing as required by the Special Assessment Ordinance. Funding shall be approved at the Public Hearing once the Preliminary Assessment Roll is prepared. BOOK 48 PAGF 1 54 NOV 181981 23 I NOV 181981 U09 PAv 155 On Motion by Commissioner Scurlock, seconded by Commis- sioner Fletcher, the Board unanimously approved the recommendation of the Administrator, as noted in his memorandum of November 3, 1981. PETITION PAVING PROGRAM REQUEST - GLENDALE LAKES The Board referred to the following paving request: TO: The Honorable Members of the DATE: October 30, 1981 FILE: Board of County Commissioners SUBJECT: Petition Paving Program Request to Pave 48th avenue in Glendale Lakes Subdivision FROM: Neil A. Nelson, REFERENCES: County Administrator DESCRIPTION AND CONDITIONS - hIr. Warren J. Richard, official representative of the residents of 48th Avenue, has submitted a Petition to pave 48th Avenue in Glendale Lakes Sub- division. The road is approximately 1150 lineal feet. The County Engineering Department has verified the signatures on the petition as the true owners, and the 13 petitioners oi�m 71.25% of the total front footage. Since this percentage is greater than the 66.7% required by Ordinance 81-27, a valid petition has been received. The road is a dedicated road, maintained by the County. The right-of-way .-1-idth varies from 65' to 351. ALTEPUN0XIVES ANTI) ANALYSIS Since a valid petition has been verified-, the paving of 48th Avenue via the Petition Paving Program is justified. The proper procedure to follow is as follows: 1) Approve the Engineering Department to assign a project number to the project. 2) Proceed with the design and preparation of a preliminary assess- ment roll 3) Approve'_the-scheduling'.of a public hearing as required by the Special Assessment Ordinance. RECOMMENDATIONS AND FUNDING It is recommended that the Board of County- Commissioners authorize the assignment of a project number to the 48th Avenue Petition Paving Project, that the Engineering Division proceed with the design of paving and drainage improvements, preparation of a preliminary assessment roll, and authorize the scheduling of a public hearing as required by the Special Assessment Ordinance. Funding shall be approved at the Public Hearing once the Preliminary Assessment Roll is prepared. On Motion by Commissioner Scurlock, seconded by Commis - sioner Fletcher, the Board unanimously approved the recommendation of the Administrator, as noted in his memorandum of October 30, 1931. BID #102 - SPRAY PAINT BOOTH - COMBINATION, TRUCK/AUTO The hour of 11:00 A. M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: VEILO BEACH PRESS -JOURNAL. Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr, who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River'C.ounty, Florida; that the attached copy of advertisement, being a in the matter of _�Zzfl C.... . /,?,—) in the Court, was pub- lished in said newspaper in the issues of - �' ( /' _� J 3 ` '-y1 Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before me this a of t ^A. D. (SEAL) f (Clerk of the Circuit Court, I ess Manager) River County, Florida) 25 NOTICE NOTICE IS HEREBY GIVEN, that the Board of County Commissioners of Indian River County, Florida will receive bids to the hour of 11:00 A.M., October 27, 1981, for the following: IRC No. 102 Spray Paint Booth, Combination, Truck -Auto Bids received after this time will be returned unopened. Specifications, instructions to bidders and bidding proposals are available from the office of the Director of Material Management or by calling 569-3316. Indian River County, Florida Board of County Commissioners By: Patrick B. Lyons, Chairman Oct. 1, 2, 3,1981. NOV 181981 The Board reviewed the following memorandum: m®x 48 ?x,457, TO: Chairman, Board of DATE: November 10, 1981 � FILE: County Commissioners SUBJECT: IRC Bid #102 -Spray Paint Booth, Combination, Truck/Auto FROM: Chairman REFERENCES: Bid Committee 1. A public meeting was held at 11:00 A.M., October 27, 1981 in the County Administrator's Office, 2345 14th Avenue, Vero Beach, F1. This meeting was advertised on October 1,2,3,1981. 2. The purpose of this meeting was to open and record TRC Bid ;#102. This bid was for (1) Spray Paint Booth, Combination, Truck/Auto, Complete for the Vehicle Maintenance Department. 2 Bid Proposals sent out, 1 received Coast Auto Paint & Supply $9,900.12 plus freight 3. The Mosquito Control has a used Spray Paint Booth which they will sell to the county for $5000.00, to be dismantled and moved by the county. Jack McCorkle, Supervisor of the Vehicle Maintenance Dept. has inspected the Spray Paint Booth and found it to be adequate to the county's needs. 4. The Bid Committee recommends this bid be rejected and'that the County purchase the Spray Paint Booth from the Mosquito Control. Fund Account ;102-242-519-66-29 On Motion by Commissioner Scurlock, seconded by Commis- sioner Bird, the Board unanimously accepted the Bid of the Mosquito Control for a Spray Paint Booth, as being the lowest and best bid meeting specifications, in the amount of $5,000.00. The Board of County Commissioners recessed at 12:00 Noon for lunch and reconvened at 1:30 o'clock P.M. with the same members present. CONTINUANCE OF APPEAL OF P&Z RECOMMENDATION NOT TO REZONE 10.1 ACRES OWNED BY ARTHUR WILSON FROM C-lA TO R -2B The hour of 1:30 o'clock P.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 J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero 7Beach in Indian River County, Florida; that the attached copy of advertisement, being a in the matter of r'. /''!�P �. %! :%. S / in the // �/ e ,,-f Court, was pub- lished in said newspaper in the issues of . 2 Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tiserrent; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. 1. Sworn to and subscribed before me this 1- day AyC- � A.D. / (SEAL) memo: NOV 181981 NOTICE - NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Indian River County, Florida, is reviewing the feasibility of making the following changes and additions to the Zoning Ordinance of Indian River County, Florida, which changes and additions are substantially ag follows: 1. That the Zoning Map be changed in order that the following described property, lying SOUTH OF 79th STREET AND FRONTING ON THE EAST SIDE OF U.S. HIGHWAY 1, in Indian River County, Florida, to -wit: That part of the North 715.91 feet of Government Lot 5, Section 34, Township 31 South, Range 39 East, lying east of U.S. No. 1, being more particularly described as begin- ning at a point on the North Line of Govern- ment Lot 5 and 473.18 feet west of the Northeast corner to said Government Lot 5: Thence ryn North 89 degrees 59' 57" West along said North line a distance of 510.46 feet; Thence run South 00 degrees 1611611 West a distance of 322.9S feet . to the Easterly right-of-way of U.S. No. 1; Thence run South 24 degrees 37' 55" east along said right-of-way a distance of 432.29 feet; Thence run East and parallel to the said North line of Government Lot 5 a distance of 660.08 feet; thence run North 24 degrees 37' 55" West and parallel to said Easterly right-of-way a distance of 797.59 feet to the point of beginning. Said parcel containing 10.10 acres more or less. Less the North 25 feet of that part of the East half of the West half of Government Lot 5, Section 34, Township 31 South, Range 39 East. Be changed from C -IA Restricted Com- mercial District to R-28 Multiple Family District. A public hearing in relation thereto at which parties in interest and citizens shall have an opportunity t0 be heard, will be held by said i Board of County Commissioners in the Council Chamber of the City Hall, Vero Beach, Florida, on Wednesday, Nov. 18, 1981, at 1:30 P.M. If any person decides to appeal any decision made on the above matter, he will need a record of the. proceedings, and for such pur- poses, he may need to insure that a verbatim record of the proceedings is made, which in- cludes testimony and evidence upon which the appeal is based. Indian River County Board of County Commissioners i By: -s-Patrick B. Lyons, Chairman Oct. 13,15, 1981. Senior Planner Art Challacombe reviewed the following 27 WK 48 FAPF158 NOV 181981 TO: The Honorable Members of DATE: November 9, 1981 FILE: the Board of County Commissioners FROM: Neil A. County Ne1so e Administrator SUBJECT: Arthur K. Wilson continuance of an appeal of the Planning and Zoning Commission's recommendation not to rezone 10.1 acres from C -1A to R -2B REFERENCES: It is recommended that the data herein presented be given formal consideration by the County Commissioners in the form of a public hearing on November 18, 1981, to appeal the Planning and Zoning Commission's denial of rezoning request. DESCRIPTION AND CONDITIONS This is a request to rezone approximately 10.1 acres from C -1A, Restricted Commercial District to R -2B, Multi -Family District at 8 units per acre. The original request, as advertised, was to rezone the property to R-3, Multi -Family at 15 units per acre. However, the applicant presented a letter to the Planning and Zoning Commission in the public hearing of August 13, 1981, requesting rezoning to R -2B. The subject property is located east of U.S. #1 with 432.29 feet of road frontage, and south of 79th Street. To the west of the parcel proposed to be rezoned lies a 16.44 acre parcel under the same ownership. This other parcel is currently zoned R-3 and has " received site plan approval of 198 units with a density of 11.2 units/acre. Most of the subject property is located in the 100 year flood zone. Existing uses in the vicinity of the parcel proposed to be rezoned consist of groves, a single family residential development (Hobart Landing) and a commercial building along U.S. #1. ALTERNATIVES AND ANALYSIS A. With the owner's consent, rezone the subject property to R -2D, Multi -Family Residential. This action would allow a maximum number of 61 units. B. Approve the rezoning to R -2B as requested.._ This alternative would allow a ��tulti-Family development -With a maximum number of 81 units._ C. Deny the rezoning. This alternative would keep the subject property in C -1A District which allows a number of commercial uses and limited residential uses in conjunction with those commercial uses. RECOMMENDATIONS While staff supports the concept of providing residential use to the subject property, staff recommends against rezoning the subject property to R -2B (8 units per acre). R -2D Multi -Family District is more compatible with the existing uses in the vicinity. The lower density provided by the R -2D District is also a more appropriate classification within flood -prone lands. Staff recommends, the owner's consent, to rezone the subject property to R -2D (6 units per acre). Discussion arose about staff's recommendation to rezone to R -2D, and Attorney Collins stated that he had a real problem with this Commission considering an application for R -2D when the advertisement was for R -2B. Attorney Byron Cooksey appeared representing Arthur Wilson and informed the Board that his client will withdraw the appeal and leave the property zoned C-lA. Fred Briggs asked for an opportunity to be heard and complained at length about lack of proper notification to affected property owners. Bros. were not notified. He wished to know why Hobart Mr. Briggs was informed that we have a copy of a receipt of notice to Hobart -Bros. which was sent to Troy, Ohio and signed by Artemus Johnson. It was explained that there is a legal requirement that the notice be sent to the address of the owners where they receive their tax bills. Mr. Briggs understood what had happened to the notification to Hobart Bros. but wished to know why people who own property adjacent to the subject property were not notified. Bernard Paz , property owner at Hobart Landing, confirmed that he was never notified on the initial rezoning, and that there are three additional adjacent property owners he knows of who also received no notification. Commissioner Scurlock felt we need to clarify our procedures, and Attorney Collins stated that on a withdrawal, you start all over again. On a continuance, you announce to the public the date to which the hearing will be continued. He felt if the adjacent property owners did not receive a notice of today's meeting, there is a breakdown in procedures. Commissioner Wodtke requested that Senior Planner Challacombe look into this matter and see whether there was a breakdown in the notification. Commissioner Scurlock questioned now this matter has been withdrawn, whether it can be resubmitted without going back to the Planning & Zoning Commission. Attorney Collins stated that the applicant can come back for the R -2B zoning which has been reviewed, but NOV 181991 29 "CON 48 PAA X64 N 0 V 18 1991 �. believed that for R -2D, he would have to go back to Planning & Zoning. Administrator Nelson stated he had understood that if you go to a less restrictive zoning, the advertising would cover that situation. Attorney Collins commented that he took the position in this particular situation that the Board would be better off readvertising; although in the past, he has given the opinion when the district involved was R -2A or R -2B, that it could drop down to the lesser, those ordinances were consistent with one another while the R -2D District has some distinctions. Considerable discussion continued in regard to the notification process, and Mr. Paz wished to know whether the adjacent property owners could rezone this property back to R-1. Attorney Collins stated there is no reason why surrounding property owners cannot make an application for rezoning if they feel there is an inconsistency in their area. Fred Briggs urged the Board to consider the 10 -acres, the number of people that would result the rezoning, the traffic, etc. He felt the area cannot take.such development and noted the land was sold for Commercial. Attorney Collins felt if there is any further discussion, the applicant should be present. Mr. Briggs again wished to know if it is the responsibility of the County to notify people within 300' because he believed this is being neglected, and he was assured that this will be checked into to assure there is no breakdown in the notification process. Commissioner Fletcher wished the record to reflect that the public notice for the rezoning of the 10.10 acres held in May was advertised to be held on Thursday in the month of May, but did not state the date of the specific Thursday. F PUBLIC HEARING - REZONING IN THE MOORINGS FROM C-lA to R -2C AS REQUESTED BY DOYLE COTTON The hour of 1:30 o'clock P.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 J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being J ' a •>•a L t in the matter of J__ r &11 t `ti 71 in the Court, was pub- lished in said newspaper in the issues of 13 r 4L, 4 1) Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. % Sworn to and subscribed before me this o A.D. (Business Manager) (SEAL) (Clerk of the Circuit Court, Indian &Oer County, Florida) NOTICE NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Indian River County, Florida, is reviewing the,feasibility of making the following changes and additions to the Zoning Ordinance of Indian River County, Florida, which changes and additions are substantially as follows: 1. That the Zoning Map be changed in order that the following described property situated in Indian River County, to -wit: Land located on Lot 125, Unit Two, THE MOORINGS SUBDIVISION and described as f011oWs: _ Lot 125, Unit Two, THE MOORINGS SUB- DIVISION, according to the plat thereof filed ,I in the office of the Clerk of the Circuit Court of •' Indian River County, Florida, in Plat Book 8, pages 28 through 28-C, inclusive. Be rezoned from C -1A Restricted Com- mercial District to R -2C, Multiple Family District. I A public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard, will be held by said Board of County Commissioners in the Council Chamber of the City Hall, Vero Beach, Florida, on Wednesday, November 18, 1981, at 1:30 P.M. If any person decides to appeal any decision made on the above matter, he will need a record of the proceedings, and for such pur- poses, he may need to insure that a verbatim record of the proceedings is made, which in- cludes testimony and.evidence upon which the appeal is based. Indian River County Board of County Commissioners By: Patrick B. Lyons, Chairman Oct. 13,15, 1981. Notice of the public hearing was sent to the affected property owners by Freda Wright, Clerk of Circuit Court, as required by Florida Statute 125.66, and copies of same are on file in the Office of the Clerk. Senior Planner Challacombe reviewed the following memo: 31 N 0 V 181981 Book Pw 162 t _I TO: The Honorable Members of the DATE: November 9, 1981 FILE: IRC-8I-ZC-19 Board of County Commissioners SUBJECT: Doyle W. Cotton, Jr. Rezoning FROM: Neil A. Nelson, REFERENCES: County Administr for Itis recommended that the data herein presented be given formal consideration by the County Commission in the form of a public hearing as advertised by Pubic Notice for November 18, 1981. DESCRIPTION AND CONDITIONS The applicant is requesting that the C-lA Restricted Commercial zoning on 1.04 acres of land be changed to R -2C Multi -Family Residential. The site is located on Lot 125 in The Moorings, Unit Two. Other than an approximately Z acre Indian River County owned lot directly north of the subject property, multi -family dwelling units surround the site. These developments include: North Passage, which has 21 units at 12.19 units/acre, to the north; West Passage, which has 31 units at 11.75 units/ acre, to the south; and Harbour Side, which has 112 units at 14.9 units per acre, to the east. ALTERNATIVES AND ANALYSIS A) Approve the rezoning of the 1.04 acres from C-lA to R -2C Multi -Family (12.1 units/ acre). This would allow for the development of a maximum of 12 units on the site. While lower densities are desired throughout the county, it should be recognized that the subject property is surrounded by higher density developments. It also should be pointed out that the overall development scheme within The Moorings is approximately 2.19 units/acre (see attachment). The current C -1A Restricted Com- mercial zoning is not appropriate for the site for several reasons: location, surrounding land uses and potential adverse impact on surrounding property values. B) Deny the request for rezoning, leaving the property as C-lA Restricted Commercial. This zoning allows for various types of commercial uses, many of which could be im- compatible with the surrounding area. • Recommendation A. That the 1.04 acre parcel be rezo.ned.from C -1A to R -2C Multi -Family Residential (12:1 units per acre). The Planning and Zoning Commission unanimously approved the recommendation at the public hearing of September 24, 1981. B. That the ordinance effecting the rezoning be adopted. Charles Pierce spoke on behalf of the applicant Doyle Cotton and informed the Board that the architects for this project are ones who have worked for The Moorings in the past, and it is planned to have a similar type architectural project. The Chairman asked if anyone present wished to be heard. Vic Lanka, developer of the nearby Harbour Side project, had a complaint evolving from past history when he had to scrap his plans to build' -six stories high because of a change in County Code and now what has been put around them has completely blocked the view. Mr. Lanka further felt that 12 units per acre on this particular site is a fairly dense configuration, but he did not feel too justified in complaining since his project has a similar density. He did suggest, however, that the Board should consider that a lesser density would be better for the County. Commissioner Fletcher asked if the Planning & Zoning Commission had given consideration to the loss of commercial property in the area. Mr. Challacombe reported that they looked at The Moorings as a total unit and also looked at the C -1A further east along AlA. The Moorings has a site plan that was approved for a commercial type use - a shopping center, and the Board also has designated that same area as a major ' commercial node in the Comprehensive Plan. On Motion by Commissioner Bird, seconded by Commissioner Scurlock, the Board unanimously closed the public hearing. On Motion by Commissioner Scurlock, seconded by Commissioner Bird, the Board unanimously adopted Ordinance 81-40 rezoning the subject property to R -2C as advertised and as requested by Doyle Cotton. N O V 18 1991 33 BOOK 48 PAGE 164 \ J NOV 18 1981 ORDINANCE NO. 81-40 booK AsP, �F 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 pursuant thereto held a public hearing in relation thereto, 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 Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be amended as follows: 1. That the Zoning Map be changed in order that the following described property situated in Indian River County, Florida, to -wit: Lot 125, Unit Two, THE MOORINGS SUBDIVISION, according to the plat thereof filed in the office of the Clerk of the Circuit Court of Indian River County, Florida, in Plat Book 8, pages 28 through 28-C, inclusive. Be changed from C -IA -Restricted Commercial District to R-2C,Multiple Family District. All with the meaning and intent and as set forth and described in said Zoning Regulations. This Ordinance shall take effect November 23, 1981. 34 PUBLIC HEARING REZONING PROPERTY ON S.R.60 TO LM -1 The hour of 1:30 o'clock P.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 J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a�� in the matter of 11bB"14 y l f% T) L% 14 - in the Court, was pub - fished in said newspaper in the issues of Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. p Sworn to and subscribed before rr^ this daft of ® i7 ,.D_ // OCl/ (SEAL) (Business Manager) (Clerk of the Circuit Yurt, Indian River County, Florida) NOTIcenr ; �nfr {ry NOTICE IS HE�EBY GIVEN thattlie Board' of County CommisSioners of Indian River County, Florida, is re�Vigwing-the feasibility of making the following changes,and additions to the Zoning Ordinance of Indian River County, Florida, which changes and additions are substantially as follows: 1. That the Zoning Map be changed in order that the following described property situated In Indian River County, to -wit: Land located on the WEST SIDE OF 90th li AVENUE, t/a MILE SOUTH OF STATE ROAD 60 and described as follows: That part of the South 200 feet of Tract 9, Section 3, Township 33 South, Range 38 East, according to the last General Plat of Lands of the Indian River Farms Company, as recorded In Plat Book 2, Page 25, Public Records of St. Lucie County, Florida, lying East of Interstate 95 Highway and also, the North 9.03 acres of Tract 16 lying East of 1-95 in Section 3, Township 33 South, Range 38 East, according to the last General Plat of Lands of Indian River Farms Company,'filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, Page 25, said land now lying and being in Indian River County, Florida. Be rezoned from C-1 Commercial District to LM -1 Light Manufacturing District. A public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard, will be held by said Board of County Commissioners in the Council Chamber of the City Hall, Vero Beach, Florida, on Wednesday, November 18, 1981, at 1:30 P.M. If any person decides to appeal any decision made on the above matter, he will need a record of the proceedings, and for such pur- poses, he may need to insure that a verbatim record of the proceedings is made, which in- cludes testimony and evidence upon which the appeal is based. Indian River County Board of County Commissioners By: Patrick B. Lyons, Chairman Oct. 20, 27, 1981. Notice of the public hearing was sent to the affected property owners by Freda Wright, Clerk of Circuit Court, as required by Florida Statute 125.66, and copies of same are on file in the Office of the Clerk. Attorney Collins announced that the applicant, Ralph Evans, Trustee, was previously a member of his firm, and for this reason, he has hired Attorney Joseph Cianfrone to represent the County in this matter to avoid any possible conflict of interest. Senior Planner Challacombe reviewed the following memo: 35 800K 48 P.Au ff t NOTIcenr ; �nfr {ry NOTICE IS HE�EBY GIVEN thattlie Board' of County CommisSioners of Indian River County, Florida, is re�Vigwing-the feasibility of making the following changes,and additions to the Zoning Ordinance of Indian River County, Florida, which changes and additions are substantially as follows: 1. That the Zoning Map be changed in order that the following described property situated In Indian River County, to -wit: Land located on the WEST SIDE OF 90th li AVENUE, t/a MILE SOUTH OF STATE ROAD 60 and described as follows: That part of the South 200 feet of Tract 9, Section 3, Township 33 South, Range 38 East, according to the last General Plat of Lands of the Indian River Farms Company, as recorded In Plat Book 2, Page 25, Public Records of St. Lucie County, Florida, lying East of Interstate 95 Highway and also, the North 9.03 acres of Tract 16 lying East of 1-95 in Section 3, Township 33 South, Range 38 East, according to the last General Plat of Lands of Indian River Farms Company,'filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, Page 25, said land now lying and being in Indian River County, Florida. Be rezoned from C-1 Commercial District to LM -1 Light Manufacturing District. A public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard, will be held by said Board of County Commissioners in the Council Chamber of the City Hall, Vero Beach, Florida, on Wednesday, November 18, 1981, at 1:30 P.M. If any person decides to appeal any decision made on the above matter, he will need a record of the proceedings, and for such pur- poses, he may need to insure that a verbatim record of the proceedings is made, which in- cludes testimony and evidence upon which the appeal is based. Indian River County Board of County Commissioners By: Patrick B. Lyons, Chairman Oct. 20, 27, 1981. Notice of the public hearing was sent to the affected property owners by Freda Wright, Clerk of Circuit Court, as required by Florida Statute 125.66, and copies of same are on file in the Office of the Clerk. Attorney Collins announced that the applicant, Ralph Evans, Trustee, was previously a member of his firm, and for this reason, he has hired Attorney Joseph Cianfrone to represent the County in this matter to avoid any possible conflict of interest. Senior Planner Challacombe reviewed the following memo: 35 800K 48 P.Au ff NOV 18 1991 TO: The Honorable Members of the Board of County Comunissioners FROM: Neil A. Nelsot, 9 County Administrator DATE: October 9, 1981 an, 48 PAU FILE: SUBJECT: Ralph L. Evans, Trustee Rezoning REFERENCES: It -is recommended that the data herein presented be given formal consideration by the Board of County Commissioners in the form of a public hearing on November 18, 1981. DESCRIPTION AND CONDITIONS The applicant is requesting that 13.98 acres of land currently zoned C-1, Commercial be rezoned to LM -1, Light Manufacturing. The site is located on the west side of 90th Avenue, approximately .3 mile south of State Road 60. Adjacent property to the north, south and east of the site is vacant, wooded and is zoned C-1, Commercial, and Interstate 95 right-of-way abuts the western property line. Nearby land uses include Lakewood Village Mobile Home Park to the south, and the Gracewood Fruit Company packing house and offices to the southeast. A Union 76 Truck -Stop is cur- rently in operation on the southeast corner of State Road 60 and 90th Avenue, and several gasoline service stations which front State Road 60 lie to the west of 90th Avenue. ALTERNATIVES AND ANALYSIS A) Approve the rezoning of the 13.98 acre site from C-1 Commercial to LM -1 Light Manufacturing. The Indian River County zoning provisions for LM -1, Light Manufacturing Districts allow clean and generally non-offensive uses including: the manufacture of products from metals, plastic, cloth,- ood and other similar materials; printing;pattern making; and electroplating. All such operations must be conducted within the buildings located on the site. No visible -smoke from the burning of fuels is per- mitted and noise, odor and dust are not allowed beyond the plant site. Due to these provisions, the currently existing packing house and other future commercial uses which may occur in the area should not experience negative impacts from this Light Manufacturing District. The proximity of the site to two major transportation corridors and a truck stop, and the compatibility of light manufacturing with the heavier commercial uses which currently exist in the area, make it an appropriate location for light manufacturing. B) Deny the rezoning request, leaving the site zoned C-1, Commercial. The site is surrounded by a large commercial zoning district �ghich appears to be adequate for future commercial uses that may locate in the area. The nature of the LM -1, Light Manufacturing zone is not likely to inhibit this future commercial development. Recommendation The Planning staff recognizes that LM -1, Light Manufacturing is an appropriate use for the site and recommends approval of the rezoning request. The Planning and Zoning Commission unanimously approved this recommendation in the Public Hearing of October 8, 1981. Commissioner Wodtke asked if this is in the area we are looking at for a node on the Comprehensive Land Use Plan, and Mr. Challacombe stated that it is. There are two properties west of Interstate 95 that are currently zoned LM -1, or about 111 acres. Due to the provisions and strictness of the LM -1, this could be a much less intensive use than some of the heavier commercial uses, i.e., like the Vero Beach industrial park along the Airport as compared to 4reas with truckstops, packing houses, etc. Commissioner Scurlock inquired about policy in the past in regard to use of the term, Trustee, and Mr. Challacombe commented that the beneficial owners must be revealed, and they do have a list of all the beneficial owners. The Chairman asked .if anyone. present wished to be heard. There were none. On Motion by Commissioner Bird, seconded by Commissioner Scurlock, the Board unanimously closed the public hearing. Commmissioner Fletcher noted that the application states the reason for the request for rezoning is the expected purchase by light industrial users, and he wished to know if the request was based on an anticipated sale of the property. Attorney Cianfrone noted that the application was made by the current owners. Attorney Ralph Evan, Trustee, explained that he, as, Trustee, and the people listed own a great deal of property in this area. They were approached by people with some light industrial uses, and to be in keeping with the Comprehensive Plan, they felt it would be wise to go to the LM -1. The proposed contract would be for only a very small portion of the property. Commissioner Fletcher brought up electroplating, which he felt could cause pollution. It was noted that this use has been allowed in the ordinance for years. 37 BODS 43 PAv1 NOV 181981 Ulu Fp,-- 1 N O V 181981 800K � ,� Mr. Evans informed the Board that they were talking about selling two acres to a company that makes Allen screws and set screws. On Motion by Commissioner Bird, seconded by Commissioner Wodtke, the Board unanimously closed the public hearing. On Motion by Commissioner Bird, seconded by Commissioner Scurlock, the Board unanimously adopted Ordinance 81-41 rezoning the subject property to LM -1 as advertised. ORDINANCE NO. 81-41 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 pursuant thereto held a public hearing in relation thereto, 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 Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be amended : as follows: 1*1 1. That the Zoning Map be changed in order that the following described property situated in Indian River County, Florida, to -wit: That part of the South 200 feet of Tract 9, Section 3, Township 33 Suuth, Range 38 East, according to the last General Plat of Lands of the Indian River Farms Company, as recorded in Plat Book 2, Page 25, Public Records of St. Lucie County, Florida, lying East of Interstate 95 Highway and also, the North 9.03 acres of Tract 16 lying East of I--95 in Section 3, Township 33 South, Range 38 East, according to the last General Plat of Lands of Indian River Farms Company, filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, Page 25 said land now lying and being in Indian River County, Florida. Be changed from C-1 Commercial District to LM -1 Light Manufacturing District. All with the meaning 4nd intent and as set forth and described in said Zoning Regulations.. This Ordinance shall bake effect December 2, 1981. - =38 REQUEST FOR REZONING OF 66 ACRES ANNEXED TO CITY OF SEBASTTAN The Board reviewed the following memo: TO: The Honorable Xembers of the Board of County-ComiAssioners FROM: Neil Nelson County Administrator DATE: PIovember 9, 1981 FILE: SUBJECT: Sebastian Annexation of 66 acres 0 REFERENCES: This is a response to a request from Mr. Rene',G, Van DeVorde to have Indian River County relinquish its zoning authority on 66 acres of property annexed by the City of Sebastian. It is recommended that the data herein presented be given formal consideration by the County Commission. Description & Conditions On June 17, 1981, the City of Sebastian annexed approximately 66 acres of land currently used as a fish farm and zoned under the county as Agriculture (1 unit/ 5 acres). The applicant will be requesting that the City establish a R-1, Sin Family Residential zoning district and is petitioning the County to relinqui= its zoning authority on this annexed property. The subject parcel is located within the Sebastian Highlands $ubdi0sion and fronts 3,460 feet of State Road 512. Sebastian Highlands is zoned R-1, Single Family District by the City of Sebastian. Alternatives & Analysis A) Relinquish zoning authority on the annexed property. This alte'lnative would allow the applicant to proceed with his rezoning request with the City of Sebastian. The County would, under this alternative, relinquish the agricul- tural zoning that is currently existing. The proposed County Comprehensive Plan had designated this property LD -1 (maximum density of 3 units/acre). This annexation is a "squaring off" of the Sebastian City limits. The area is presently located such that it is surrounded on three sides by extensive R-1 zoned land in an established subdivision. B. Maintain zoning authority on the subject property. This alternative would keep the 66 acre parcel in agricultural use for up to two years, The County, under Florida Annexation Laws, can maintain the present zoning for a period of up to two years before the applicant or the City can rezone the parcel to another use. Recommendation Relinquish zoning authority on the 66 acre annexed parcel. 39 NOV 181981 WK � PAGE 70 NOV 191991 wK A 8 PAPP 171 Attorney Collins read from the Statutes, noting that it is the intent of the Legislature that people not try and get in or out of particular governmental jurisdictions just for their on benefit or to avoid governmental rules and regulations. The theory behind annexation is that you allow annexations into an area where that area is in a position to afford improved services to that property. The Statutes specify that if the area annexed is subject to a County Land Use Plan or Zoning Regulations, a municipal governing body shall not be authorized to increase the density allowed under the County regulations for a period of two years from the date of annexation unless approval of such increase is allowed by the County, The applicant is requesting that the County waive their two year prohibition. Mike Kenney spoke for Hugh Smith, owner of the property in question, and stated that the intent was to build at a density of 2 units per acre. Commissioner Fletcher believed the request should be made in a form that would indicate what density is going to be used. Mr. Challacombe pointed out that the maximum allowable • density in that area, assuming Sebastian approved R-1, would be 2 units per acre because of the public health law regarding wells and -septic tanks. Commissioner Wodtke noted that Sebastian's R-1 zoning allows 4 units per acre, and if we do accede to the request, we will be agreeing to their R-1. Attorney Collins stated that the Board can talk in terms of what density increase they are inclined to allow, but Commissioner Wodtke did not think it is right for the Commission to designate 2 units an acre if Sebastian does not have such a category. Pat Flood, Mayor of Sebastian, commented that they are in the same position as the County with a new Comprehensive Land Use Plan. They are asking for a change of density which really does not have anything to do with zoning, and `I he felt it was quite clear that they were asking for 2 units per acre. He pointed out that although the County can postpone this for two years, after that period of time, they would have no control over it. Discussion continued re the requested change in density, and it was asked if the applicant would be satisfied with a Motion to allow a maximum density of 2 units per acre. Mr. Kenny stated that he would. Motion was made by Commissioner Scurlock, seconded by Commissioner Fletcher, to allowta maximum density of 2 units per acre on the property of Hugh Smith recently annexed to the City of Sebastian. Attorney Collins suggested that the applicant prepare an appropriate document describing the property and stating that he would be satisfied with 2 units per acre; the document to be signed by Sebastian, Indian River County and the property owner. Mayor Flood then proceeded to make an impassioned speech about the County staff, the Administrator, and certain Commission members, going behind Sebastian's back and making statements to the press about the annexations made by Sebastian. Commissioner Wodtke commented that the greatest concern we have been getting about the numerous annexations made by Sebastian has been voiced by representatives of Sebastian, and the Commission did direct that some research be done 'on this matter. Mayor Flood suggested that the County and Sebastian should sit down and discuss this matter jointly, and Commissioner Fletcher asked if the Mayor would have any problem about informing the County Commission prior to an anticipated annexation. Mayor Flood stated that -he would instruct Sebastian's City Attorney to send the County Commission a copy of any application for annexation, and that he also would instruct N O V 181981 41 BOOK 48 PAcF 172 I NOV 181991 nok PAPF 17 the Chairman of the Sebastian Zoning Board to have the City Attorney contact Administrator Nelson. Commissioner Fletcher felt that would help the overall view since in the past we have generally only known about an annexation after the fact. The Vice Chairman called for the question. It was voted on and carried unanimously to allow a density of 2 units per acre on the Hugh Smith property. PROPOSED TRANSIENT MERCHANT AND FLEA MARKET ORDINANCE The Administrator recommended that the Board authorize advertisement of the proposed ordinance, as set out in the following memo: TO: The Honorable Board of DATE: November 10, 1981 FILE: County Commissioners FROM: NeiNelson County Administrator SUBJECT: PROPOSED TRANSIENT MERCHANT AND FLEA MARKET ORDINANCE REFERENCES: 6 8 910 ' `� NOV 1981 f A� ja1 rs " �G 4'G 6v - It is recommended that the data herein presented be gi rural consideration by th'e County Commission. DESCRIPTIONS AND CONDITIONS: The Board of County Commissioners 'at their meeting of October 7, lye_, recommended that the Administrative Staff prepare an ordinance for their review on a proposed Transient Merchant and Flea Market Ordinance. A meeting was held on October 19, 1981, with Messers. Lawrence A. Barkett, J. B. Norton, of the Chamber of Commerce, David Greene, C. B. Hardin, and David Rever of the -County Staff to discuss an all-encom- passing, Transient Merchant and Flea Market Ordinance for Indian River County. The input and suggestions to the County Staff and Planning and Zoning Department from those in attendance, along with other available data was used in preparing this ordinance. This ordinance has been reviewed by the Assistant County Attorney, Steve Houlihan, and is to be presented to the Board of County Com- missioners for their approval. ALTERNATIVES AND ANALYSIS: The Board of County Commissioners agreed there was a'need for such an ordinance and recommended that such an ordinance be created for their consideration. This document has been written and is presented for their approval. RECO12-IENDATION: The ordinance submitted at this time should be properly advertised 4 nsidered for adoption ublic hearing before t my W'sion.. MW 42 Attorney Larry Barkett came before the Board representing the Chamber of Commerce and reported that the proposed ordinance was drafted by him and submitted to the Administrator's staff for review and revision. Considerable discussion followed, and it was generally agreed that an ordinance of this type is very much needed, but the Board had problems with restricting transients to operate only at licensed flea markets and, in addition, restricting flea markets to operate only in M-1 and Agricultural zones. Question also arose as to the $150 yearly license fee for conducting business as a flea market operator and a $15 zoning permit fee for each booth. Commissioner Fletcher did not feel that individuals who grow produce should be limited -to selling it only on their own property, but Attorney Collins -did not feel the wording of the proposed ordinance prevented individual stands. Further discussion was held in regard to setting up transient merchants in a specific location, and argument ensued as to definitions and whether the ordinance actually says what we intend. Commissioner Fletcher emphasized that he did not want to stifle competition, and it was his belief that the local merchants do not want to compete. Attorney Barkett and Vice Chairman Wodtke disagreed, and pointed out that the objection is that it is unfair competition to the local merchants since everyone should be required to obtain a license. Commissioner Fletcher was of the opinion that no one should have to have a license. It was emphasized that the intent is not to eliminate these merchants, but just control them. William Koolage, speaking as an interested citizen, saw the need for protection of the public, but believed the proposed ordinance is getting away from that main intent. NOV 181981 43 BOOK 48 PACE 174 N 0 V 181981 e00K •4 8 PAF , 1 Vice Chairman Wodtke felt this may arise from trying to address the transient merchant and flea markets at the same time. Pat Flood, Mayor of Sebastian, informed the Board that his municipality has the same problem with transients that the County does. He agreed there must be controls, but felt that saying they can go only to designated areas is restricting their rights. Mayor Flood reported that the method used in Sebastian has worked well, i;e., if a vendor wants to set up on U.S.1, whoever owns the property must get a letter from them, and the vendor must obtain an occupational license, which gives the City some recourse. If they have problems.with a certain vendor, that vendor is not issued a license in the future. Discussion continued further in regard to the advisability of separating flea markets and transient merchants. Vice Chairman Wodtke had no problem with any legitimate transient merchants conducting business, but believed they should be required to have proper licenses. He felt there are three separate issues involved - flea markets, transient merchants, and all occupational licenses. He believed these issues need to be addressed and updated and asked if the Board wished to review this matter further, possibly separating -the flea markets from the transient merchants and addressing the transient merchants by a method similar to that used by the City of Sebastian. Attorney Barkett reported that it had not been the Chamber's intent to have the transients operate out of flea markets, and the Chamber would be happy with the transient merchants just being required to obtain a license similar to that required by the City of Sebastian. In further discussion, suggestions were made re holding land owners liable for allowing people to sell on their property, or possibly restricting transients to selling in commercial or industrial districts. _ _ 44 - Planning Director Rever pointed out that Tax Collector Gene Morris issues the occupational licenses, and reported that he has had little luck with convincing the Tax Collector that he should require certain information from the applicant. Attorney Collins felt the license could be issued through any designated county official, possibly the Zoning Department, and any information required by ordinance would have to be supplied. On Motion by Commissioner Scurlock, seconded by Commissioner Bird, the Board unanimously agreed to separate flea markets from the transient merchants; to require a transient merchant to obtain an occupational license and before issuance of such license to provide a written statement of occupation, mailing address, etc.; said merchants to be allowed in commercial, industrial and agricultural districts; the ordinance to be rewritten accordingly and advertised for a public hearing. It was agreed that the subject of flea markets will be readdressed at a future date. REPORT RE INDIAN RIVER SHORES ANNEXATION - 99 YEAR LEASE Vice Chairman Wodtke reported on meeting with representatives of the Town of Indian River Shores and reviewed the following suggested changes to be made in the proposed agreement with the Town in regard to.annexation of a portion of the County Tracking Station Park property. (1) Page 2 - The Town of Indian River Shores wished to delete any reference to a specific number of years from the lease altogether. It was agreed to change 99 years to 50 and add the words "or so long as the County owns the land, whichever period is longer." (2) Page 2 - the original wording was that the Town would waive its rights to pursue annexation of that part of Parcel I lying East of Section 19, Parcel II and Paxcel IV during the term of this agreement; this was changed to say that the NOV 181991 45 MOK 8 PACT176 NOV 181991 w .48 PACE 177 Town agrees it will not pursue annexation of that property without the approval of the Board of County Commissioners. (3) The .original draft of the agreement specified that Parcel I lying west of Section 19, etc., would be annexed subject to being developed for entrance parking and recreational purposes. The Town felt there should not be any restriction on this area since it is going to be park area, and this was deleted. (4) Paragraph 3 allows the County the right to make modifications to the Plan, and four lines were added stating that modifications to increase parking, restroom and shower facilities, shelters, picnic tables and cooking or barbeque grills beyond that proposed in Exhibit "C" should be submitted to the liaison committee prior to implementation. (5) Items L and M in re parking and prohibiting sales other than in designated concession areas were eliminated as the Town felt this was covered elsewhere in the agreement. (6) Item O - the typo "distrubing" is to be corrected to read "disturbing." (7) Item R in re providing lifeguards at County expense on an "as -need" basis now becomes Item P. (8) Item Q, which calls for minimum hours from sunrise to 9:00 P.M., should be -changed to read "maximum" hours. (9) Paragraph 6 relates to buffer -strips and foliage; we had said we would retain a 20' strip on the north and south property lines of Parcel I, and the Town preferred 501; a compromise of 351 was agreed upon with a provision to retain the present foliage. On the west line of Parcel II, we had agreed to plant a 10' strip, but now have agreed to a 20' vegetation strip to be planted in the Pebble Beach Villas area, which Vice Chairman Wodtke felt will take cooperation between Pebble Beach Villas and the county as he did not believe they would want high vegetation there which would cut off their breeze. Mr. Latta, manager of Pebble Beach Villas expressed his appreciation of this consideration. Vice Chairman Wodtke informed the Board that this basically covers all the changes. Commissioner Scurlock wished to know if there was a provision in regard to being able to take advantage of any funding if it were available, and Attorney Collins did not see any prohibition of this. The Attorney made note of the fact that Exhibit "C" did not have any concessions indicated on it. Commissioner Bird hoped that this would not preclude the possibility of them being added at a later date, and Attorney Collins assured him there is a modification provision and there is no direct prohibition regarding concessions. Vice Chairman Wodtke felt strongly that when we do approve this agreement, we should have a good understanding of what Exhibit "C" is. He noted that Indian River Shores presented a suggested plan prepared by Robert "Flip" Lloyd, which moved some of the structures around to new locations, and Attorney Houlihan met with Commissioner Bird to see if the Recreation Committee could get involved because we do not want to submit something in Exhibit "C" which is too far from what we have planned. Commissioner Bird then reviewed in detail the two plans - one for the five acres and one for the Tracking Station site, both of which will constitute Exhibit "C." He noted that the plan for the Tracking Station area was modified -in conjunction with suggestions made by the Pebble Beach Villa residents, and we did agree to leave an existing wooden walkway that they use for their beach access. This plan has the blessing of the Pebble Beach Villas people and the Recreation Committee and has been sent to the state. Commissioner Bird continued to review the County's conceptual plan for the other site, which worked the parking in around the natural vegetation and scattered picnic areas, noting that Mr. Lloyd, who felt the restroom facilities were too close to his residence, came up with a different plan BOOK PAU V8 NOV 18 191 47 NOV 181981 WK 48 PAt,,E 17 which moved the restroom facilities over, centered most of the parking in a different area, and moved the gazebo back from the dune line. Commissioner Bird commented that actually neither of these plans have been approved by the Parks and Recreation Committee in regard to attaching them as Exhibit "C", but as long as we have the flexibility to make some modifications, he would be fairly comfortable with including one of them. Discussion continued in regard to the plans presented, and Attorney Collins suggested that we could just write "changes to be made" on the plan because he was hopeful that the Board could approve the agreement and get it to the Town in time for their meeting tomorrow. Discussion continued in regard to having the child's play area (tot lot) in a more central location; straightening the walkway from the showers to the beach; and redistributing the picnic pavilions. Commissioner Scurlock felt that would redesign the parking and stated he would like to use Mr. Lloyd's drawing. Motion was made by Commissioner Scurlock, seconded by Commissioner Fletcher, to approve the Agreement between the Town of Indian River Shores and the County as circulated using for the first part of Exhibit "C" (the Tracking Station), the drawing which was approved by the Recreation Committee, and for the second part, the drawing submitted by. Mr. Lloyd, and if there are to be some modifications, include them on this drawing. Further discussion ensued in regard to the various drawings, and Commissioner Bird stated that while he did not mind centralizing the parking, his objection to Mr. Lloyd's plan was that he is spreading a lot of the parking way down in the corner adjacent to S.R. AlA, and this property is almost 1,000' in depth, which would put the parking a long distance from the beach. Argument continued as to where to locate the parking lot, and Vice Chairman Wodtke stated that he would prefer to - 48- s � � include as Exhibit "C" something that has basically gone through County work rather than using Mr. Lloyd's plan. Further conversation was had about trying to use the plan previously worked on and making some adjustments, and this was generally agreed upon. Commissioner Scurlock stated that he would withdraw his Motion and Commissioner Fletcher withdrew his second. On Motion made by Commissioner Bird, seconded by Commissioner Fletcher, the Board unanimously approved the agreement between the Town of Indian River Shores and Indian River County re the park, as amended, including as Exhibit "C", Part 1 and Part 2, the two maps prepared by the County with the four adjustments noted as discussed. Said Agreement will.be made*.a part of the Minutes when completely executed and received. SET DATE FOR SPECIAL MEETING RE SEWER IMPACT FEE PEBBLE BAY AND PARK AREA Administrator Nelson informed the Board that he would like to set up a Special Meeting to review impact fees for sewer improvements in the Pebble Bay area on either Monday or Wednesday so a decision can be reached before December 1st, and he would prefer Wednesday when he also could have a representative of Florida Institute of Technology present to discuss problems in their area. The Board agreed to set a Special Meeting for Wednesday, November 25th. BEACH RESTORATION PROJECT Vice Chairman Wodtke reported that a letter has been received from the Department of Environmental Regulation in regard to the status of the County Beach Restoration Project submitted at the Water Resources Development Conference held last February. The DER has recommended that this project be included in the State's Preliminary Public Works Program, and they will attempt to secure inclusion of the project in the President's budget for Fiscal Year 1983. This, however, is based on one condition relating to an assurance that N U V 181991 49 B00K PAU 180 N O V 181981 BOOK PArjF would minimize any harm to sea turtles during construction. It was the Vice Chairman's recommendation, if we wish to continue to move this project forward, that we give the DER the assurance they wish as per the following suggested wording: "6.02 Sea turtles utilize area beaches for nesting from May through November. All reasonable precautions will be taken to insure minimum disturbance of nesting activities. If the work cannot be scheduled so as to avoid the critical nesting period of May to October, a private contractor, registered with and approved by the Florida Department of Natural Resources, will be hired to patrol the beaches and relocate eggs for hatching." Commissioner Fletcher did not agree with obtaining federal funds for beach restoration, and felt the people in that particular area should have a special taxing district. He stated he would not vote for any more beach restoration and did not feel we should spend funds just to save some buildings. Commissioner Scurlock commented that he had somewhat the same feeling, but he would support a Motion at this time to avoid a 2 to 2 vote; although, he was not satisfied with just pumping sand on -the beaches. Vice Chairman Wodtke pointed out that there is an awful lot of work entailed for such -a -project to be funded locally, and although there is a possibility of some legislation which might cut off all federal assistance, if you want to have any opportunity to get these funds, you have to keep moving along in the process. On Motion by commissioner Bird, seconded by Commissioner Scurlock, Commissioner Fletcher voted in opposition, the Board by a 3 to 1 vote, agreed to send a letter to the Department of Environmental Regulation assuring them of our cooperation regarding sea turtles and incorporating the suggested wording. REPORT ON TRANSPORTATION PLANNING COMMITTEE Vice Chairman Wodtke reported on the meeting of the Transportation Planning Committee, stating that while they had a good showing of the technical people, unfortunately he, Mr. Lindsey, and Mr. Barton were the only voting members present so they could take no action. He noted that Mr. Lindsey expressed great concern about how we would be approaching 16th Street since his primary concern was the protection of the students -and not the moving of intercounty traffic. The Vice Chairman reported that they did set up a regular meeting for the second Tuesday of each month to be held at 10:00 A.M. at the County Garage, and they will always have an agenda item for public input. Commissioner Fletcher inquired about the Fellsmere appointee, and Vice Chairman Wodtke-stated that he had received a letter from the Town of Orchid which basically said George Lier has been appointed representative, but he believed Mrs. Lier has agreed to be the representative. He continued that he had received a letter from the City of Fellsmere appointing Richard Romans as their representative, even though Mr. Romans is not an elected or appointed official as required by the Resolution. Discussion ensued as to the necessity for the representative from Fellsmere to be a member of the Fellsmere Council, and Attorney Collins commented that when you interpret documents, the more specific controls, but,he felt the practical controls, too, and he asked if the Board wished to be strict in their interpretation of the Resolution or just accept the designee from Fellsmere. Vice Chairman Wodtke commented that it had been the intention that the representatives would be elected officials who would be able to go back and answer to their people and be in a decision making position. He stated that he understood Fellsmere's problem, but wished to know in the event we do allow this appointment whether Mr. Romans will be able to vote. 51 �GOK 8 Pn, 81? NOV 191991 UOK 48 PAV183 Attorney Collins suggested that a Resolution be passed amending the previous resolution creating the County Transportation Planning Committee which would authorize the voting member from Fellsmere to be either a member of the Fellsmere City Council or a representative designated by the City Council. On Motion by Commissioner Fletcher, seconded by Commissioner Scurlock, the Board unanimously adopted Resolution 81-102 amending Resolution 81-81 as suggested by the Attorney and including the wording "until such time as they are able to find a Councilman to serve." RESOLUTION NO. 81-102 WHEREAS, Resolution No. 81-81 created a County Transporta- tion Planning Committee; and WHEREAS, one nontechnical voting member was specified to be a member of the City of Fellsmere City Council; and WHEREAS, no members of the City of Fellsmere City Council are available to serve on said Committee; and WHEREAS, it is necessary to have a member of the Fellsmere community serving on said Committee, NOW, THEREFORE, BE IT RESOLVED BY -THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that -the nontechnical voting member of the Transportation Planning Committee from the City of Fells - mere may be a member of the Fellsmere City Council or a repre- sentative designated by th'e City Council until such time as they are able to find a Councilman to serve. Attest: tires.'. Freda Wright, Clerk BOARD OF COUNTY COMMISSIONERS OF INDT RIVER COUNTY, FLORIDA PArick B. LVUns a Cha _ 52 Commissioner Scurlock brought up the possibility of having a referendum on the final outcome of information gathered on the need for Indian River Boulevard. When sufficient information has been received on this matter, he inquired if the proper place to submit it for review would be to the Transportation Planning Committee. Vice Chairman Wodtke believed it would be a good place to get some input and stated he had no problem with it. REPORT ON COUNCIL ON AGING Vice Chairman Wodtke reported that he and Intergovernmental Coordinator Thomas met with the Council on Aging after their chairman had brought a request to the Commission from the Gulfstream Council, asking that the County perhaps get involved and be the entity which would make the application for funds fora senior center. This arose from the fact that there were some irregularities in the manner in which the Council on Aging's preliminary application was handled, which made it likely that the Gulfstream Council would not be in a position to be receptive of.a final application from the Council on Aging. Vice Chairman Wodtke continued that at the meeting he and Mr. Thomas attended, Mr. Cragg resigned from the Council, a committee was formed that has been working with the Gulfstream Council, and when a final application is made, the Council on Aging will be the agency making it since they now have received an indication that the Gulfstream Council would be receptive to their making the application. REPORT PARKS AND RECREATION COMMITTEE MEETING Commissioner Bird reported that the Parks and Recreation Committee were directed to look into the feasibility of a boat ramp at Round Island Park and they were also to look into the possibility of the C-34 canal area as a location for an air boat launching site. He stated that he visited both sites with Dennis Gentile of the Administrator's staff, and this was discussed at the Recreation meeting. Commissioner Bird noted that NOV 181981 53 BOOK 48 PAU184 I -I N O V 181981 gooK B PAP, F 185 Coordinator Thomas indicated that there was about $55,000 to $60,000 in the Boating Improvement Fund, and it was being replenished at the rate of around $17,000 per year. The Parks and Recreation Committee has recommended that the County at this time not go into the expenditure of building a boat ramp at Round Island because of the great potential of this area, and he would like to put this on the agenda of the next meeting for more in-depth discussion. In regard to an airboat ramp at C-34 canal, the Committee did feel we should go ahead and construct a ramp out there, and Commissioner Bird wished to put that on the agenda for the next meeting also and have the staff go ahead with a sketch for a simple inexpensive boat ramp which the County crew could build with marl. The Board had no objections. Commissioner Bird next reported that he has contacted Herrick Smith of the University of Florida; they are very interested in helping develop a Master Recreation Plan for the County and would like to get this scheduled in their next semester. Some graduate students in architecture and landscaping may be interested in this as a project or might take it on as a class project. He did not believe we are talking about any money to fund this. ° Commissioner Bird informed the Board that he attended the opening ceremonies at Gifford Park; there were 200-300 people present, and it was heavily in use. Pat Callhan and the recreation staff went out to assist Larry Staley in promoting activities. Larry Staley has an activity calendar made up for every day of the month; he donates his time on Sundays. Commissioner Bird believed there is a great deal of enthusiasm in the community about this park and so far everything has been going smoothly. REPORT ON ISLAND SQUATTERS Commissioner Fletcher reported that in regard to clearing off squatters on the north end of the island across from Charlie Sembler's fish house, he had instructed the _ _ 54 Administrator to check with the Department of Natural Resources to see what our authority is in this regard. The several bills and accounts against the County having been audited, were examined and found to be correct were approved and warrants issued in settlement of same as follows: Treasury Fund Nos. 77867 - 78163 inclusive. Such bills and accounts being on file in the Office of the Clerk of the Circuit Court, the warrants so issued from the respective bonds being listed -in the Supplemental Minute Book as provided by the rules og_the Legislative Auditor, reference to such record and list so recorded being made a part of these Minutes. There being no further business, on Motion made, seconded and carried, the Board.adjourned at 5:45 o'clock P.M. Attest: � 0. �, Clerk NOV 1 8 1981 55 moK 48 PAu 186