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Home My WebLink About2/22/1984Wednesday, February 22, 1984 The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Wednesday, February 22, 1984, at 9:00 o'clock A.M. Present were Don C. Scurlock, Jr., Chairman; Patrick B. Lyons, Vice Chairman; Richard N. Bird; Margaret C. Bowman; and William C. Wodtke, Jr. Also present were Michael J. Wright, County Administrator; L. S. "Tommy" Thomas, Community Services -Director; Gary Brandenburg, Attorney to- the othe Board of County Commissioners; Jeffrey K. Barton, OMB Director; and Virginia Hargreaves, Deputy Clerk. The Chairman called the meeting to order. , Attorney Brandenburg led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA Chairman Scurlock reported that he received a request from the City of Vero Beach that a discussion in regard to annexation of the unincorporated area of South Beach be added to the agenda. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously added the above item to today's agenda. APPROVAL OF MINUTES The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of February -1, 1984. Commissioner Bird noted that on Page 67, under discus- sion regarding the possibility of a public golf course at Kiwanis-Hobart Park, that Minutes state that he "assured y FEB 2 1984 860K 56 PAGE20i FEB 2 2 1994 660K 56 RACE 202 , Commissioner Lyons that pitch and putt courses would be included in the development at Kiwanis-Hobart Park." Commissioner Bird did not believe that he had been that definite but rather had said that such courses would be considered, and he asked that the Minutes be corrected accordingly. Commissioner Wodtke had a question about the fees listed in the Fee Schedule on Page 49 for Horse Stables and Mining Permits, and Atty.Brandenburg stated that the fee for a Horse Stable permit is $25.00, the mining permit is $400.00 and the mining permit renewal is $100.00. Commissioner Wodtke pointed out that these figures do not line up with the appropriate permits, and it was agreed this will be corrected. The above corrections having been made, On MOTION by Commissioner Bird, SECONDED by Commissioner Bowman, the Board unanimously approved the Minutes of the Regular Meeting of February 1, 1984, as written. The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of February 8, 1984.. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unani- mously approved the Minutes of the Regular Meeting of February 8, 1984, as written. CONSENT AGENDA Commissioner Wodtke requested that Items D and F be removed from the Consent Agenda, and Chairman Scurlock requested that Items G and H be removed. 2 A. Approval of Sheriff Deputies ON MOTION by Commissioner Bird, SECONDED by. Commissioner Lyons, the Board unanimously approved appointment of the following Deputies: William B. Hunter Michela D. Scheihing Jeffrey J. Sardella Mary H. Lenz James D. Enlow William T. Teague Gary S. Getchell William E. McMullen, II Brent E. Altic Robert F. Nanni Catherine J. Bohne Andrew I. Schwartz Jeffrey W. Luther B. Report Placed on File -in Office of the Clerk Report of Traffic Violation Bureau, Special Trust Fund, Month of January, 1984 -`$41,005.08; has been received and placed on file in the Office of the Clerk. • 4 J C. Report Placed on File in Office of the Clerk Report of Traffic Violations by Name, Jan., 1984, has been received and placed on file in the Office of the Clerk. E. Appointment to Transportation Planning Committee ON MOTION by Commissioner Bird, SECONDED by Commissioner Lyons, the Board unanimously appointed William Cochrane to the Transporta- tion Planning Committee as the representative of the City of Vero Beach. I. Resolution Amending Building Fees ON MOTION by Commissioner Bird, SECONDED by Commissioner Lyons, the Board unanimously adopted Resolution 84-13 amending Resolution 82-139 revising the schedule of building permit fees and charges. 3 FEB 2 2 1984 5©DK 56PACE,233 FEB 2 2 1994 sarrK 56 PnE204 RESOLUTION NO. 84- 13 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AMENDING RESOLUTION NO. 82-139 REVISING THE SCHEDULE OF BUILDING PERMIT FEES AND CHARGES. WHEREAS, Indian River County currently shares with the City of Vero Beach a joint Building Department, and WHEREAS, the Department is established to operate as an enterprise fund to distribute the cost of operation to those individuals that use the services instead of imposing the burden of such costs upon the general taxpayers, and WHEREAS, the adoption of a fee schedule that parallels the City's will eliminate confusion and reduce administrative overhead expenses. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The County Commission finds and determines that adoption of the following amendments to the schedule of rates and charges is necessary and in the best interest of the residents of Indian River County, and 2. The following revisions are hereby adopted and shall become effective for all construction occurring in the unincorporated areas of Indian River County on February 22 , 1984. BUILDING FEES The following fees are based on total valuation (New construction, repairs or alterations). All references to "Standard Building Code" mean the Standard Building Code as modified and adopted by Indian River County which appears in the Indian River County Code of Laws and Ordinances. - Appeae�€�-A-€s-tl�e-See�ti�e��r-Sta�e�a��-Btt€fid€ag-Eee1e Eer�g�ess-Beta-used-te-establ€sly-tl�e �t�s�xtttm-�*al�te-essee€steel-w€th tl�e-eeasttet€ear-east-€ems-wl�el�-a-pentt-s-being-eelttestee�- The actual valuation used in determining the building fee will be the valuation submitted by the requester -e€ applicant for the permit or the current Southern Standard Building Code Congress calculation, whichever is higher greater. ad�sstee�-to-tee€deet-se�errtp-€��e-pe�eeat-{-��$}-a€-tt�e-teta� - �aa�t�at�as-a€-tl�e-btu€fid€erg-ead-€mp�e�ea3e�rts-€e�-g��peses-e€ - @sseSs�Ii�-tine-€ee-ett��€reel-l9e�aw- $199799-er-1-e9s: $500.00 - $2,000.00: I irrtir um -Fee ---$5-g9 $5.00/$1,000 or fraction thereof. A re -inspection fee, in the amount of $6796 $25.00, shall be charged for each trip in cases where: (a) Previous repairs or corrections were not satisfactorily and -1- G: Words in straek-thy type are deletions frog existing law; words underlined are additions. properly made prior to such inspection. (b) The work was not ready when the inspector was requested. (c) Wrong address or improper directions were given for location of the property. PLUMBING FEES (h) For each re -inspection made due to the work being condemned or not being ready at the time specified $rGO 25.00 ELECTRIC FEES No permit will be issued for a fee of less than $5.00. The said fees shall include payment for the permit and for inspection of work, after the same shall have been completed. If the electrical inspector shall, upon his inspection after completion of the work or apparatus, find that the same does not conform to and comply with the requirements established by the County, he shall notify the master electrician, indicating the corrections required; and when the inspector is notified that the corrections have.been made, he will again inspect the work or apparatus without further charge; but', when extra inspection trips are necessary, due to any of the following reasons, a charge of $87GG $25.00 shall be made for each trip - payable prior to resinpection. i 087GG $25.00 3. BE IT FURTHER RESOLVED that this resolution shall be incorporated into the Code of Laws and Ordinances of Indian River County, Florida, and for this purpose section heads may be renumbered or relettered. The foregoing resolution was offered by Commissioner Bird who moved its adoption. The motion was seconded by Commissioner Lyons and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice -Chairman Patrick B. Lyons Aye Commissioner Richard N. Bird Aye Commissioner Margaret C. Bowman Aye Commissioner William C. Wodtke, Jr. Aye The Chairman thereupon declared the resolution duly passed and adopted this 22nd CODING: FEB 22 1994 day of February . 1984. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By G DON C. SCURLOCR, JR. Chairman Attest: , FREDA WRIGHT,_CleUA -2— s©ox 5fj P�cE 5 Words in strtlek-through type are deletions from existinq law; words underlined are additions. FEB 2 21994 D. Budget Amendment - Property Appraiser OMB Director Barton reviewed his memo as follows: TO: Board of County Commissioners DATE: February 15, 1984 FILE: SUBJECT: Property Appraisdr Q Lt FROM: Jeffrey K. Barton, REFERENCES: OMB Director FACE 206 For the Property Appraiser's office to prepare the Trim Notices, Tax Rolls, and books, it costs approximately $17,000-20,000. a year for an outside computer firm, expenses and man -power. A printer to do this in-house has been located and would cost $23,400.00. This would pay for itself in I2 years by eliminating the need to go to an outside firm. We have $5,000.00 left in the Property Appraiser's budget from preparing the Trim Notices and David Nolte has $5,000.00 in his budget from the Tax Rolls. Using this $10,000:00 we request $13,400.00 of the General Fund Contingency to complete the purchase. The following budget amendment will be needed to complete this transaction. Account Title Office Equip & Furn Reserve for Contingency JKB/dw Balance in Reserve $287,9.38 as of 2/8/84 Account No. 001-500-513-66.41, 001-199-513-99.91 Increase Decrease 13,400 13,400 Director Barton explained that when the Trim Notices are sent out.to be printed, the Board pays for all the expenses to get them ready for mailing. The Property Appraiser carries in his budget all the costs when the final roll is done and readied to go to the Tax Collector. Commissioner Wodtke asked about costs for salaries, paper, etc., in addition to the cost of the printer, -and Director Barton explained that these expenses are already in the budget. When the Property Appraiser goes outside for these services, he has to supply the paper and send the employees and pay for their living expenses while they are there. Additional personnel will not be needed. 6 Discussion ensued as to any areas where we can find additional money to pay for this, and Commissioner Wodtke asked about any contingency account in the Property Appraiser's budget. Property Appraiser Nolte informed the Board -that his department budgets on a very conservative basis, and they have no contingency funds. Administrator Wright pointed out that this is something we are going to have to pay for when we do our next budget, and actually all we are doing is paying for it now instead. Board members continued to express concern about continually dipping into the Board's contingency account, and Commissioner Lyons inquired if there is any way we could pay for this in two parts. - Director Barton did not believe this could be arranged at the price we are paying for it, and Administrator Wright felt this printer is very much needed and there may be other things we can do without. Discussion continued at length as to the amount of funds remaining in the contingency account, the amount already spent out of contingency this year, the quality of the printer, and its anticipated longevity, etc., Property Appraiser Nolte believed it would meet all the County's requirements for the foreseeable future, and explained that while it certainly is not state-of-the-art, which would be considerably more expensive, it is a 1200 line per minute printer and would cut printing time by almost half. Mr. Nolte stressed that the reason it has-been necessary for them to go outside for the printing is because of the Legislative time frame; otherwise his office could do this work here. He continued that although he cannot purchase the printer in his current budget, if the Board could approve the purchase now, he believed that possibly next year something could be worked out. Mr. Nolte 7 cc`��° BeOX 56 PACE207 FEB 2 2 1984 x 56 PACE 08 emphasized that actually he will be saving the Board money .because the Trim Bill expenses are their responsibility. Director Barton concurred that if we don't pay for the printer now, we will still be stuck for the $10,000 it will cost to send out the Trim Bills and we won't have that money available to buy the machine. He did not feel there is any way to defer payment on it. Administrator Wright stated that after having just sat through the audit interviews, he felt comfortable with our cash position and would recommend that we buy the printer out of contingency. Commissioner Wodtke expressed concern about having enough money to pay hospital bills for indigents, noting that we have been hit with some very large bills for this in the past, and the Administrator stated that even including that, he still would feel comfortable recommending the purchase. Commissioner Bird asked what savings we could antici- pate receiving in this fiscal year.from the purchase of this printer, and Mr. Nolte noted that we would save the cost of several people going over to the printer and the cost -of using someone else's computer at $45.00 an hour, or about $6,000. The Board would save on the Trim Notices right off and if his office could print the Tax Roll in September, it would save more money out of his budget. Commissioner Lyons asked about transferring expenses out of one column into a capital expenditure column to offset all these projected savings. Discussion followed as to how the two $5,000 amounts will be transferred and how these expenses are split between the Property Appraiser and the Board. Chairman Scurlock confirmed that it won't be until next year's budget that we see a reduction and clarified that we actually are coming up with $18,400 - $13,400 plus the 8 $5,000 to be transferred, and the Property Appraiser is coming up with $5,000 out of his existing budget for a total of $23,400, of which only a portion will be recovered this year and a portion next year. Question arose as to the need to bid an item of this size, and Director Barton reported that it is State Contract and has to be compatible with the system we have. Property Appraiser Nolte noted that the price on this printer is.substantially below the current list price. Commissioner Lyons asked if other County Departments can get any use out of this high speed printer, and Director Barton reported that we are in the process of putting the Planning and Building Department on the Property Appraiser's computer to tie them in with the property records. Mr. Nolte will give them the slower speed printer, and if they should need to use the faster one, he will help them out. Chairman Scurlock brought up the possibility of some funds from the Planning budget. Commissioner Bird stated that he does believe it might be fiscally wise for us to make the requested expenditure. ON MOTION by Commissioner Bird, SECONDED by Commissioner Lyons, the Board unanimously approved the budget amendment necessary to purchase the printer for the Property Appraiser as recommended by the OMB Director above. P. Final Plat Approval - Seagrove West Subdivision The Board reviewed staff memo and recommendation as follows: E B 1984 L-- -1 - - - BOOK- 56 PACE 209. FEB 2 2 1984 a oK PACE? D TO: The Honorable Members DATE: February 13, 1984 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: FINAL PLAT APPROVAL FOR SUBJECT: SEAGROVE WEST SUBDIVISION - Robert M. Keatin , A Planning & Development Director FROM: Clare Z. Poupard C�-f Seagrove Wst. Staff Planner REFERENCES: DIS : MARYJ It is requested that the following information be given orma consideration by the Board of County Commissioners at their regular meeting on February 22, 1984. DESCRIPTION AND CONDITIONS: Seagrove West is a 67 lot subdivision located on the South Beach, west of S.R. A -1-A. The site is zoned R-lA, Single Family Residential, (4.3 dwelling units/acre) and has a LD -1, Low -Density Residential, (3 dwelling units/acre) land use designation. The project's actual building density is 1.3 dwelling units/acre. Seagrove West received preliminary plat approval, under the name Rivergrove, on December 23, 1980. Two extensions of -approval were granted. This preliminary approval was scheduled to expire on December 15, 1983, A final plat was submitted to staff prior to this date. ALTERNATIVES AND ANALYSIS: The applicants are requesting "final plat approval prior to completing all improvements in the subdivision. In support of this request, the applicants have submitted the proposed final plat, construction drawings, a certified cost estimate for completing all required. improvements and a cash deposit and escrow agreement from Harbor Federal Savings and Loan. In addition to submitting these items, the applicants have execut- ed a contract binding them to complete all improvements within the subdivision. Staff has reviewed this information. All required and recom- mended changes have been made by the applicant. All require- ments of the County's Subdivision Ordinance 75-3 have been met. RECOMMENDATION: Staff recommends that the Board of final.plat approval to Seagrove Wes condition that a contract binding all on-site improvements be signed the Chairman of the Board of County 10 County Commissioners grant West Subdivision subject to the the applicants to complete by both the applicant and Commissioners. Commissioner Wodtke inquired about the statement that there will be a contract to be signed by the Chairman and wished to know what kind of obligation that would put'on us. Attorney Brandenburg explained that this is a require- ment of the new Subdivision Ordinance - all subdivisions which receive final plat approval prior to the improvements being made are required to execute this standard form agreement.' The irrevocable letter of credit then guarantees their performance under the agreement. If they violate the agreement, we call in the Letter and we make the improvements. The contract sets out our responsibilities, and they are only to the extent of the funds available. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously granted final plat approval to Seagrove West Subdivision subject to a contract binding the applicants to complete all on-site improvements being signed by both the applicant and the Chairman. (Contract, Cash Deposit and Escrow Agreement will be made a part of the record when fully executed and received.) G. Contract for Rourid Island Park Boat Ramp acid Daybeacons OMB Director Barton reported that funds are being provided out of the State Boating Funds for the boating improvements at both Round Island Park and Sebastian Yacht Club. Since these funds are not anticipated in the budget, we need budget amendments to allocate these funds. The budget amendment needed for Round Island Park is as follows: FEB2 2 19$4 --_. ,.� . 11 BOOK 56PACE 211 r- _ - - FE B 2 2 1984 TO: Board of County Commissioners DATE: � C' FROM: Jeffrey 'K. Barton OMB Director 600K 56 FACE 212 February 17, 1984 FILE: SUBJECT: Department of Natural Resources Grant - Round Island Park. REFERENCES: The following budget amendment is to correctly allocate the revenue and expense for the grant for Round Island Park boat ramps and day beacons Account Title Account No. Increase Decrease Boating Facilities 001-000-334-72.00 17,347. Other Prof. Services 001-108-572-33.19 17,347 JKb/dw ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird -,'the Board unanimously authorized the Chairman to sign the contract with the Florida -Department of Natural Re- sources for the boat ramp and daybeacons at Round Island Park and -approved the above budget amendment as recommended by the OMB Director. Said contract is on file in the Office of the Clerk. H. Contract for Sebastian Yacht Club Boat Ram OMB Director Barton recommended the following budget amendment to allocate the unanticipated funds and emphasized that the City of Sebastian will do the work and we will re- imburse them: 12 � � r TO: Board of County Commissioners FROM: Jeffrey K. Barton, OMB Director DATE: February 17, 1984 FILE: SUBJECT: Department of Natural Resources Grant Sebastian Yacht Club . REFERENCES: The following budget amendment is to correctly allocate the revenues and expenses for the grant funds for the Sebastian Yacht Club boat ramp. Account Title Account No. Increase Decrease Boating Facilities 001-000-334-72.00 18,000 *City of Sebastian 001,108-572-88.52 18,000 JKB/dw * The City of Sebastian will do the,work and we will reimburse them. MOTION WAS MADE by Commissioner Bird, SECONDED by Commissioner Lyons, to authorize the Chairman to sign the contract. with the Florida Department of.Natural Resources for the boat ramp at Sebastian Yacht Club Boat Ramp and to approve the above budget amendment as recommended by the OMB Director. Discussion ensued as to the amount in the Boating Improvement Fund, and General Services Director Thomas stated that we have about $2,000-$3,000 but he anticipated about -$20,000 for the balance of this year. We should have a total of about $23,000. Chairman Scurlock noted that concern has been expressed about Blue Cypress Lake, and he does believe this is an important location and that some positive things should take place there. 13 FEB 2 21984 Boa 56 PACE2,111.3. FP- FEB 2 2 1984 56 PACE 1 Commissioner Bird informed the Board that we actually have made more improvements out there in the last two years than in the last twenty, and we are working right now to come up with a site to tie the homes out there and.the park into a sewer plant. It was noted that the road out to the lake presents a serious problem, but this cannot be addressed through the Boating Funds. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. Said contract is on file in the Office of the Clerk. DISCUSSION RE PROPOSED ANNEXATION OF SOUTH BEACH Charles Vitunac, Attorney for the City of Vero Beach, read the following letter and requested that the Commissioners sign the consent forms he passed out, noting that the County can't vote anyway since it is a corporation. I CONSENT FORM The undersigned owner(s) of land in the South Beach unincorporated area of Indian River County hereby consent to the holding of a referendum on a proposed annex- ation of this area into the City of Vero Beach. I understand that signing does not obligate me (us) in any manner to vote for or against this annexation. Signature Dote Signature 14 Date City Of Vero Beach P. 0. BOX 1389 - 1033 - 20th PLACE VERO BEACH, FLORIDA - 32960 Telephone 367-5131 OFFICE OF TWE CITY ATTORNEY February 21, 1984 Gary Brandenburg County Attorney 1840 25th Street Vero Beach, Florida 32960 Re: South Beach Annexation Dear Gary: The- City of Vero Beach is presently undertaking a study of the possible annexation of the unincorporated area south of the City on the barrier -island. State Law requires that unless the registered electors of the area proposed to be annexed own more than 30% of the land area involved, that the City must obtain the consent to a referendum from the owners of more than 50% of the land area in question. This requirement applies In this instance. Accordingly, since the County is the owner of approximately 94 acres of land in the area by virtue of owning Round Island Park and certain road rights-of-way, the City on behalf of its Annexation Committee is respectfully asking for the County's consent to the holding of a referendum on the annexation issue. I have enclosed a consent form for the signature of the Chairman of the County Commissioners, and I will be present at your Wednesday, February 22, 1984, Board of County Commissioners meeting to answer any questions that you or the Board may have. Thank you very much for your cooperation in getting this matter to the Board of County Commissioners on such short notice. Sincerely, Charles P. Vitunac City Attorney CPV:kls "City of Beautiful Beaches" 15 FEB 2 2 1984 BOOKPAGE?1,5 FEB 2 2 1994 180K 56 M, GE 216 Chairman Scurlock expressed concern about the County .owned Round Island Park acreage and believed we need to enter into a relationship where the County retains control of that as a public facility. He was also concerned about wastewater facilities and wished to be sure our wastewater allocation is left intact. The Chairman wished it made very clear that the Commission is not taking a position on this issue today and that it will be left up to the voters. Commissioner Bird noted that we just purchased the Stanny parcel next to Round Island to include with the park, and he felt we need an understanding that we will continue to be allowed to develop those parks under our regulations. Commissioner Lyons concurred that the County at.least wants to have a voice to ensure that this acreage is maintained as public parks with rules agreeable to the county. Attorney Vitunac believed that everyone understands the County really can't take a side and that signing the consent card would just allow the people to have their say. As to wastewater allocation, he did not believe the annexation by itself would have any effect on any other agreements between the City and County, and noted that the County Attorney has determined the wastewater contract stands on its own as a separate contract. He agreed that he will add the addi- tional acreage the County has purchased. In regard to park development if this acreage were annexed by the City, although the County planners certainly could work with the City planners on any problem, Attorney Vitunac did not believe, as a matter of law, the City could say that City's laws would not apply in this particular area. The County would not be powerless, however, in the event the City were to be uncooperative, as the County would have the remedy of appealing to the Legislature. 16 Attorney_Brandenburg stressed that once the County signs the consent form, we will have no further say; so to his way of thinking, the matter of the park should be. resolved now. The subject of zoning arose, and Attorney Vitunac believed the County will have to rely on the historical cooperation between the City and the County and also the fact that the County has certain -rights with the Legislature. Lengthy discussion ensued surrounding the fact that Councils change and Commissions change, and the Board felt there should be some agreement spelled out regarding future development of the park area. Attorney Vitunac informed the Board that he personally would be pleased to deliver a letter setting out the Board's feelings to the City and its annexation study committee. Discussion ensued as to the percentage of this area owned by registered voters, and Attorney Vitunac stated that actually only 17% of the owners are registered to vote. Commissioner Wodtke noted that apparently the county's area accounts for about 12% of the requirement, and he personally would prefer to wait until the consent cards are returned and learn the actual percentage of those interested in taking this to a vote rather than have the County be the one to put this over the 50%. Discussion followed as to the fact that many of the registered electors either live on small lots or in condos, and some are not property owners. Attorney Vitunac reported that the cards should be in by March 5th. He emphasized that all the City wants to do is give the people their vote on the issue. Commissioner Bird stated that he was all in favor of that, but he is concerned about the County park. 17 FEB 2 2 1984 BOOK PACE217 FEB 2 2 1984 Aw 56 FACE 21 8 Motion was made by Commissioner Lyons, that the Attorney be authorized to produce a letter based on our discussion here this morning and bring it back to the Commission for approval prior to the time we sign the consent forms. Attorney Brandenbuirg pointed out that although the letter will lay out the County's position, it does not mean the City will agree to it; so, that doesn't mean the Board should sign the consent before the City approves it. Question arose as to how any agreement re the park might hold up in the future, and Commissioner Wodtke stated that he wanted to have more time to think about this situation, and he would have no objection to having a special called meeting. Commissioner Lyons noted that he ultimately wished to see a contractual arrangement of some kind with the City. Chairman Scurlock asked about vesting if we did have an . overall site plan, and Attorney Brandenburg noted that the length of time a site plan is good for is up to the City unless we actually go out and start building. Commissioner Lyons withdrew his Motion. ON MOTION by Commissioner Bird, SECONDED by Commissioner Bowman, the Board unanimously requested the Chairman and the County Attorney to meet with the Mayor of Vero Beach and the City Attorney to review this situation and authorized the scheduling of a Special Meeting for next Wednesday, February 29, 1984. PUBLIC HEARING - REZONING C-1 TO M-1 (A. ROY HOGAN) The hour of 9:30 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: 18 VERO BEACH PRESS -JOURNAL - NOTICE -PusucHenRlaa Notice of hearing to consider the adoption of Published Daily County Ordinance rezoning land from: C-1, .,Commercial District- to M-1, "Fie. ed The subject Vero Beach, Indian River County, Florida propertted yndustrial presently presently oo Hogar4 David Gunter, and L.P. SttswA. Ra a is located An the south side of 9th Street, S.W., appioximiately'A mile west of 74th i Avenue, S.W. COUNTY OF INDIAN RIVER: STATE OF FLORIDA The subject property is described as: Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath The North % of Tract 3, Section 25, Township 33 south, Range 38 East, Ac - says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published cording to the Last General Plat of Lands of Indian River Farms Company as re - at Vero Beach in Indian River County_, Florida; that the attached copy of advertisement, being corded in Plat Book 2, Page 25 of the Public Records of St. -Lucie County, Flor- ida. a a� / Said land now lying and being in Indian River County, Florida. A public hearing at which parties in interest in the matter of �� and citizens shall have an opportunity to be heard, will be held by the Board of County Com- missioners of Indian River County, Florida, in the County Commission Chambers of the County ,.s Administration Building, located at 1840 25th Street. VeroBeac h, Florida, on Wednesday, Feb - ruary at If any person decides to appeal any decision in the Court, was pub- made on the above matter, he will need a record Of the proceedings, and for such purposes, he in issues may need to ensure that a verbatim record of the an = enee u made, which includes s lished in said newspaper the of + upon which the appeal is based. based. ed. Indian River County Board of County Commissioners By: -s -Don C. Scurlock Jr., Chairman Feb. 3, 15, 1 g84. Affiant further says that the said Vero Beach Press -Journal is a newspaper published at -- Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of -the attached copy of ' advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribedpeforen tday of r A.D. 19 (SEAL) memo: Manager) Z,// ' -r__ (Clerk of the Circuit Court, India iver County, Florida) Chief Planner Richard Shearer reviewed the following TO: -- - --- DATE: FILE: The Honorable Members January 13, 1984 of the Board of County Commissioners A. ROY HOGAN REQUEST TO REZONE APPROXIMATELY DIVISION HEAD CONCURRENCE: 19.5 ACRES FROM C-1, SUBJECT: COMMERCIAL DISTRICT, TO �,. 4%,& j M-1, RESTRICTED Robert M. Keating,` ICP INDUSTRIAL DISTRICT Planning & Development Director FROM: Richard Shearer, AICP REFERENCES: Hogan Rezoning . Chief, Long -Range Planning RICH 19 BOOK 56 PAGE11. 'i FEB 2 2 1994 It is requested consideration by regular meeting 6"K 5 that the data herein presented be given formal the Board of County Commissioners at their of February 22, 1984. DESCRIPTION & CONDITIONS The applicant, A._ Roy Hogan, part owner and agent for the remaining owners, is requesting to rezone approximately 19.5 acres located on the south side of Oslo Road and one-half mile west of 74th Avenue from C-1, Commercial District, to M-1, Restricted Industrial District. The applicant intends to develop this property into industrial uses including a truss plant. On January 12, 1984, the Planning and Zoning Commission voted 5 -to -0 to recommend approval of this rezoning request. ALTERNATIVES & ANALYSIS In this section, an analysis of the existing land use pattern will be presented as well as a discussion of the future land use as established in the land use element of the Comprehensive Plan. Existing Land Use Pattern The subject property is currently undeveloped. North of the subject property, across Oslo Road, are citrus groves. East of these groves, across 74th Avenue, is Williams Feed and Grain. East of the subject property is vacant land, Hercules, Inc., and Ocean Spray which are in an M-1 zoning district. South of the subject property is cultivated land, a citrus grove, and the County Land Fill. Further south is the Indian River Correctional Institution. West of the subject property is cultivated land, vacant land, and I-95. Future Land Use Pattern The area around and including the subject property is generally designated as Agricultural in the land use element of the Comprehensive Plan. However, the Plan also designates a 230 acre commercial/industrial node southwest of the intersection of Oslo Road and 74th Avenue. Currently, there are 160 acres of land zoned M-1 at the southwest corner of the intersection and appro:{imately 50 acres of land zoned C-1 (including the subject property) between the M-1 zoned land and I-95 on the south side of Oslo Road. Additional land north of Oslo Road is also zoned C-1. The subject property is contiguous to the land zoned M-1 and could be included in the node based on the description of the node in the text of the land use element of the plan and the subject property's proximity to the -existing industrial uses in the node. Roads/Traffic The subject property has direct access to Oslo Road (classified as an arterial street on the Thoroughfare Plan). Industrial development of the property would attract 698 average daily trips (ADT). However, if the subject property were developed commercially, it could attract 10,570 ADT. Oslo Road currently carries 2,500 ADT in this area which is far below its capacity of 10,000 ADT. 20 Environment The subject property is not designated as environmentally sensitive nor is it in a flood -prone area. Utilities Neither County water nor County wastewater facilities are available at this time. County water will be available in the future. RECOMMENDATION Based on the above.analysis, including the.definition of the - node in the Comprehensive Plan, the proximity of the subject property to the existing uses in the node, and the Planning and Zoning Commission's recommendation, staff recommends approval. Mr. Shearer confirmed that this property can be included in the 230 acre Commercial/Industrial node southwest of the intersection of Oslo Road and 74th Avenue. Staff feels industrial uses are the best use for this property and recommends approval. The Chairman asked if anyone present wished to be heard. There were none. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Lyons, the Board unanimously closed the public hearing. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Lyons, the Board unanimously adopted Ordinance 84-5 rezoning 19.5 acres to M-1 as requested by A. Roy Hogan. 21 FEB 2 2 1984 690K 56 PKE22.1 FEB 2 2 1984 BOOK 56 PAGE 222 ORDINANCE NO. 84-5 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: The North 2 of Tract 3, Section 25, Township 33 South, Range 38 East,. According to the Last General Plat of Lands of Indian River Farms Company as recorded in Plat Book 2, Page 25 of the Public Records of St. Lucie County, Florida. Be changed from C-1, "Commercial District" to M-1, "Restricted Industrial District". All with the meaning and intent and as set forth and described in said Zoning Regulations. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this 22 day of February- , 1984. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER BY / G, DON C. SCURLOCK, JR. Chairman Acknowledgment by the Department of State of the State of Florida this 28th day of February , 1984. Effective Date: Acknowledgment from the Department of State received on this 2nd day of March , 1984, at 11:00' A.M./ P.M. and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL S FICIENCY. 7. GA RAND NBUR�, County Attorney 22 PUBLIC HEARING - REZONE TO R -2B (RYALL & CRITTENDEN) The hour of 9:30 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero �jBeach -.in Indian River County, Florida; that the attached copy of advertisement, being in the Court, was pub- lished in said newspaper in the issues of�/'___ Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in Said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscr' jed orethi day of A. D. 19 rcuit (SEAL) (Business Manager) c nty, Florida) NOTICE — PUBLIC HEARING Notice of hearing to, consider the adoption County ordinance rezoning land from: C-1, ••Comercial District" and R-2, "Multi -Family District' to R -2B, "Multi- pte-Family District." The subject property presently owned by Margaret Ryall and Carol Crittenden Is located between Old Dixie Highway and Indian River Drive, across from 131 st Street. The subject property is described as: The part lying East of the Old Dixie High- way of the South 200 feet of the North 240.96 feet of Lot 5 of J.A. Hudson Sub- division, according to plat of survey made by R.B. Burchfield, now of record in Brevard County, Florida, in Deed Book "EE" Ipage ••600'•: said land now situ ated'in Indian River County, Florida. A public hearing at which parties in Int and citizens shall have an opportunity to be' heard, will be held by the Board of County Com-' missioners of Indian River County, Florida, in the County Commission Chambers of the County, Administration Building, located at 1840 25th' Street, Vero Beach, Florida, on Wednesday, Feb- ruary 22, 1984, at 9:30 A.M. If any person decides to appeal any decision made on the above matter, he will -need a record of the proceedings, and for such purposes, he; may need to ensure that a verbatim record of the proceedings Is made, which includes testimony'' and evidence upon which the appeal is based. I Indian River County Board of County Commissioners By: -s -Don C. Scurlock Jr., Chairman Feb. 3, 15, 1984. Chief Planner Shearer reviewed staff memo and recommendation, as follows: FEB 2 2 1984 23 BOOK 56 PACE c FEB 2 2 1984 To: The Honorable Members of the Board of County Commissioners QE't/OK'. 56 PAC'E224 DATE: FILE: January 13, 1984 DIVISION HEAD CONCURRENC I�UBJECT: >A�war Robert Mme.Keeatin , AIBP Planning & Development Director MARGARET RYALL &CAROL CRITTENDEN REQUEST TO REZONE APPROXIMATELY 3.5 ACRES FROM C-1 & R-2 TO R -2B FROM: Richard Shearer, AICD REFERENCES: Strnad Rezoning Chief, Long -Range Planning RICH It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of February 22, 1984. DESCRIPTION & CONDITIONS The applicant, Jerald Strnad, an agent for Margaret Ryall and Carol Crittenden, requests to rezone approximately 3.5 acres located between Old Dixie Highway and the Indian River and 1,000 feet north of the City of Sebastian from C-1, Commercial District, and R-2, Multiple -Family District (up to 15 units/acre), to R -2B, Multiple -Family District (up to 8.1 units/acre). The applicant proposes to develop this property and some adjoining land as condominiums. On January 12, 1984,the Planning and Zoning Commission voted 5 -to -0 -to recommend approval of*this.rezoning request. ALTERNATIVES & ANALYSIS In this section, an analysis of the existing land use pattern will be presented as well as a'discussion of the future land use as established in the land use element of the Comprehensive Plan. Existing Land Use Pattern The subject property is currently undeveloped except for one single-family residence in the northeast corner of the property. The area around the subject.property contains a mixture of land uses with mobile homes as the predominant use, but also including.retail fish markets, motels, duplexes, and single-family residences. East of the subject property, across Indian River Drive, is the Indian River. South of the subject property is a duplex, vacant land, three single-family homes, and E1 Capitan mobile home park. The three single-family homes are in a C-1 zoning district and are nonconforming uses. Further south is the City of Sebastian which also has a mixture of land uses in this area including fish markets, restaurants, marinas, a community center, and Oyster Bay Resort. West of the subject property are mobile homes on individual lots. Further west is vacant land along U.S. Highway 1. The property immediately north of the subject property is zoned R -2B and contains a duplex, a single-family residence, and vacant land. Further north are single-family residences, mobile homes, and a fish market. 24 Future Land Use Pattern The Comprehensive Plan designates the subject property and all of the land around it as MD -1, Medium -Density Residential 1 (up to 8 units/acre). None of the existing zoning in this area is - in conformance with the MD -1 land use designation except for the R -2B zoning north of the subject property. Based on the existing land use pattern in this area, the best use of the subject property seems to be for multi -family housing. A rezoning to R -2B would be in conformance with the land use plan and consistent with the zoning of the land north of the subject property. Roads/Traffic The subject property has direct access to Old Dixie Highway and Indian River Drive (both classified as local streets on the Thoroughfare Plan). The development of this property as multi -family housing will generate 157 average daily trips (ADT). No traffic counts are available for these streets because the existing traffic volumes are so low. Capacity on each street is 10,000 ADT. Estimated volumes are under 2,000 ADT each. Environment The subject property is not designated as environmentally . sensitive. However, about one-half of the subject property'is in a flood prone -area. According to FIRM map 120119-0013C, the flood elevations on the subject property are: (1) Zone V12 (el 11) approximately 50' from the Indian River; (2) Zone A9 (el 9) approximately 250' from the west edge of Zone V12; (3) Zone A9 (el 8) approximately 100' from the west edge of Zone A9 (el 9) . The flood elevations indicate the height at which flooding could occur. New buildings must be constructed to,a height equal to the flood elevation plus one foot above the existing ground level. The total area subject to inundation by the 100. year flood constitutes approximately 400 feet, or about _one-half of the parcel. Prior to any construction, a type B Stormwater management and flood protection permit will have to be obtained. Utilities Neither County water nor County wastewater facilities are available in this part of the County. RECOMMENDATION Based on the above analysis, including the wide variety of surrounding land uses, the fact that this request is for a down -zoning consistent with the land use plan, and the Planning and Zoning Commission's recommendation, staff recommends approval. 25 F L- EB, 2-121.1984 BOOK 56 PAGE FEB 22 1984 ffNK Planner Shearer displayed views of the subject 56 PacE. 2 6 property, and emphasized that the request is to.downzone it from Commercial to R -2B Multiple Family, which is consistent with the Comprehensive Plan. He further noted that the property immediately north was rezoned to R -2B about three years ago. Mr. Shearer informed the Board that he and the Environmental Planner, Art Challacombe, visited the site both when it was dry and when it was wet. Obviously there are some wetlands and a small mangrove area, but the majority of the site is dry flat land. Both staff and the Planning & Zoning Commissioner recommend approval. The Chairman asked if anyone present wished to be heard. Harry Willey, 12375 Roseland Road, stated that it is his opinion that the State of Florida does not have the natural resources for density. He informed the Board that he has a petition with over 120 signatures opposing the requested rezoning to multiple family, and stated that the area covered by the petition'is along Indian River Drive, bordered on the west by Central Avenue; on the south by the. Sebastian City line; on the north by Roseland Road, and on the east by Indian River Drive and the western shore of the Indian River. Mr. Willey emphasized that this is a very sensitive environmental area -and pointed out that the people in this area have resisted condo multiple dwelling development in the past even though the existing laws permitted such development. Mr. Willey then quoted the statement made by Commissioner Lyons at a Fort Pierce meeting with Florida State Representatives; "The County does not really need special state laws to insure coastal conservation since County residents are taking care of that problem themselves through low density zoning, purchase of endangered lands, and strict development ordinances." Mr. Willey noted that 26 � � r his property is adjacent to the subject property and felt the MD -1 designation allows a density too high for this area. He noted that his house is on one acre of ground. The area behind his property is low, and he believed any development will create water problems on his property, as well as creating pollution, traffic, and impacting the aquifer, etc. Mr. Willey further noted that many tax paying voters earn their living from shell fishing, and the con- templated change could affect the river. He urged the Commissioners to inspect this area personally before making a decision, stressing that it is a unique area with a distinct personality. Mr. Willey submitted the petition mentioned earlier, and same is on file in the Office of the Clerk. Commissioner Wodtke asked about the area described by Mr. Willey, and Mr. Willey explained that the boundaries he described were those of the area where the people live who signed the petition. He emphasized that the buildings in this area are 95% residential; there are one or two duplexes, a crabhouse and Judah's fish market, plus the mobile homes. Commissioner Lyons believed that the piece of property between the City of Sebastian and -the property under consideration is right now zoned commercial; in fact, the east portion of this piece of property was commercial. Planner Shearer confirmed that about 3/4 of the.subject property is presently zoned C-1 Commercial. Commissioner Lyons noted that the balance of this property is presently R-2, and as he sees the situation, the river is better protected by the proposed zoning than by the existing zoning. Planner Shearer stated that is staff's position also. Mr. Willey continued to emphasize that the residents of this area have resisted condo and multi -family development 27 FEB 2 2 1984 d60A 56 PACE227 27 FF R 9. '98'4 68QK 56 PACE228 all these years even though the zoning permitted it. He .noted that if this is not rezoned, you would not have all the water problems, all the disposal units, etc., He felt there should be a moratorium on this area and it should go back to the Comprehensive Plan and be changed to lower residential designation - not multiple family. Commissioner Bowman felt that what Mr. Willey probably wants is LD -1 single family at 3 units per acre. She noted that there are five very substantial and expensive houses in this area, and felt we must consider the neighborhood and have some concern for the people who have been there for thirty years. She believed this zoning was a mistake when it was originally established. Margaret "Gussie" Ryall, half owner of the subject property along with Carol Crittenden, informed the Board that they bought this property from B.Q. Waddell in 1969 or 1970, and Mr. Waddell had bought it from her grandmother's estate. Her family has been in this area for many generations. In regard to the beautiful homes mentioned by Commissioner Bowman, Miss Ryall presented the Board with a notarized letter from the owners of one of these houses, Raymond and Ruth Cantrelle, which letter states that they have no objection to the upgrading .of the zoning of the subject property to R -2B. Said letter is made a part of the Minutes, as follows: 28 Feb. 20.1984 Indian River County Board of County Comm. Re; Rezoning of the Ryall &;Crittenden property located between the Old Dixie Hiway & Indian River Dr. across from 131st St. Sebastian Fla. Gentlemen; We, Raymond J. & Ru*h P. Contrelle,Restdents and owners of pro- perty located at 13155 Indian River Dr.Sebastton, Fla. (Approx. 20CI north of property on this agenda) would like to certify that we have no objections on the upgrading of the zoning of said property to R2B S t dimond, eed, 4,1Cantre11e Ruth P Cantrelle Notary Public State of Florida at Largo My Commission Expires Sept. 9,1984, Miss Ryall emphasized that Mr. Waddell would not sell this land to any out -of -stater who might develop it in a way he felt would not be beneficial for the area. She pointed out that they could have built a resort area under the C-1 zoning, and they have had three offers. They have an offer now, however, from Mr. Strnad, and they believe what he is planning will keep the river beautiful, will set a precedent for the development of the area, and there won't be any high rises. Commissioner Bowman asked if what is planned will be a time sharing development, and Miss Ryall emphasized that it will not; it will be high quality low density housing, and homes anyone would be proud to live near. 29 FEB 2 2 1984 Book 56 -PAcE 229' FEB 2 2 1994 BOOK 5 G, PACE 230 Daniel Grumsby, Bay Street, Roseland, informed the .Board that he owns property on Dixie Highway adjoining the subject property on the north. He bought this property with the understanding that it was zoned for 8 units to the acre and this is what he intends to use it for. He also repre- sents Carol Ashe who has a piece of property adjoining on the north, and they agree that the use of the property as presently zoned would be a good use of this land. L. J. Berry, informed the Board that he lives just south of the subject property in the Indian River Mobile Home Park, and his sister-in-law has a house to the south of the proposed development on old Dixie Highway. They both believe that R -2B is the best improvement we can go for in this area. The Chairman determined that no one else wished to be heard. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the.Board unanimously closed the public hearing. Commissioner Bird noted that this was a compromise at the time the Board set up the MD-l'designation. The property was a mixture of zones, but -it was predominantly R-2 (15 units per acre), and Commercial. It was the Commission's thought that property owners up there had a certain investment in their property on which they had paid pretty high taxes on over the years, and the R -2B was thought of as a compromise to allow them a reasonable use of their property and still establish a use that would be compatible with the single family use of the remainder of the neighborhood. He.did not feel it would be fair to change the pattern established at that time based on what we have heard today and believed the project can be done in a 30 way that will not harm the environment any more than a multitude of single family homes. Discussion followed as to the density that would-be allowed under single family development and the number of septic tanks and wells that would result. It was -noted that with multiple family development, we have more control because it falls under site plan review criteria where we can provide for more open space and give the environment more consideration. Planning Manager Keating confirmed.that in the site plan review process, we can assure there won't be adverse affects re run-offs_, etc. He also wished to point out that with the current zoning the property is unusable; it cannot be used for commercial purposes because of the Land Use designation. This is an issue that would be coming up during administrative rezonings, and he believed staff would have made the same recommendation that the applicant is re- questing. Commissioner Lyons stated that while he would like to see a lower density, the change to the density requested is an improvement and he planned to vote for it. Commissioner Bowman wished to know, in regard to the environmentally sensitive area, how many units actually will be built. It was noted that there are approximately 3-1/4 acres west of Indian River Drive. This acreage times 8 would be about 26 units maximum. Commissioner Bowman noted there is land that is only at 8' elevation, and she believed the structures will have to go on stilts. Comment was made that buildings on the east half of the property would have to be on stilts. Environmental Planner Challacombe informed the Board that a Type B stormwater management permit will be required, 31 FEB 2 2 1984 r FEB 22 1984 Baas 56 QAcE and this requires holding a specific amount of water on site so that there are no runoff problems, plus meeting the flood protection requirements. Commissioner Lyons emphasized that this is a piece of property that has been given a certain designation under the Land Use Plan, and he felt the issue is whether we do or we don't rezone it according to the Comprehensive Land Use Plan. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, Commissioner Bowman voting in opposition, the Board by a 4 to 1 vote adopted Ordinance 84-6 rezoning the subject 3.5 acres to R -2B as requested by Margaret Ryall and Carol Crittenden. 32 .4 ORDINANCE NO. 84-6 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. Thatthe Zoning Map be changed in order that the following described property situated in Indian River County, Florida, to -wit:' That part lying East of the Old Dixie Highway of the South 200 feet of the North 240.96 feet of Lot 5 of J. A. Hudson Subdivision, according to plat of survey made by --R. B. Burchfield, now of record in Brevard County, Florida, in Deed Book "EE", page "60011; said land now situated in Indian River County, Florida. Be changed from C-1, "Commercial District" and R-2, "Multiple -Family District" to R -2B, "Multiple -Family District'. All with the meaning and intent and as set forth and described in said Zoning Regulations. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this22 day of February 01 1984. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER BY ✓ DON C. S OCK, JR. Chairman Acknowledgment by the Department of State of the State of Florida this 28 day of February , 1984. Effective Date: Acknowledgment from the Department of State received on this 2nd day of March , 1984, at 11:00 A.M./ P.M. and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY. L�ounzy az-corney 33 FEB 221984 L L.- - - a, 6QQK 56 PAGE 233 Fr FFR 2 2 1984 BOU ,5.6 PAGE 234 PUBLIC HEARING - COUNTY INITIATED REZONING (EAST OF U.S.#1 NORTH OF OSLO RD) TO C-1 The hour of 9:45 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a in the matter • ///// ice-/isT//�/i/�f.J/�,r i�� i in the p `5'Court, was pub- lished in said newspaper in the issues of � `3 Z%e� Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River'County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and su •(SEAL) A.D. 19 (Aeric of the uircun uckuri, NO`I'I;9 =PUBLIC HEARING t 3 Notice of hearing, initiated by Indian River County, to consider the adoption of a County or- dinance rezoning land from: C -1A, "Restricted Commercial District" C-1, ,Commercial onthe east side atm sub- ject property of U.S. Highway#1. north of Oslo Road. The subject property Is described as: A portion of the Southwest quarter of Section 19, Township 33 South, Range 40 East, Indian River County, Florida. lying easterly of the easterly right-of-way line of U.S. Highway No. 1 being more particularly described as follows: Commencing at a.point of intersection of p o� as described in Officiae SoUthfine of the Paul l Goodridge l Record Book 24, page 363, Public Records of In- dian River County, Florida, with the new East right-of-way line of U.S. Highway No. 1; thence South 12°05'58" East (for the purpose of this description said East right-of-way line is assumed to bear South 12°05'58" East) along said fast right-of-way line a distance of 115.73 feet to the Point of Beginning of the herein described parcel of land; thence South 89°42146" East, a distance of 187.87 feet; thence South 12°05'58" East, a distance, of 185.79 feet; thence North 89°57'40" West, a distance of 187.69 feet to a point on the aforementioned East right-of-way line of U.S. Highway No. 1; thence North ; 12°05'58" West, along said right-of-way line, a distance of 186.62 feet to the . Point of Beginning. Said Parcel containing 34,168 square teat or 0.7844•acres more or less. Together with the following described _ P= Commencing at a point of intersection of the Southline of the Paul Goodridge property as described in official Record Book 24, page 363 Public Records of In- dian River County, Florida, with the new East right-of-way of U.S. Highway No. 1; thence South 12°05'58" East (tor the purpose of this descriptin said East right- of-way line is assumed to bear South. 12°05158" East) along said East right -0f- . way One a distance of 622.08 feet to the . Point of Beginning of the herein de- scribed parcel of land; thence North . 77'54'02" East, a distance of 183.50 feet; thence South 12°0$'58" East, a distance. of 100.00 feet; thence South 77°54'02" West, a distance of 183.50 feet, to a point on the aforementioned East right-of-way line of U.S. Highway No. 1; thence North .. 12"0558" West, along said right-of-way line, a distance. of .J00.D1- test to the Point of Beginning. Said Parcel containing ,18.350 square J~ feet or 0.4213 acres more or less. - Total parcels contain 12057 acres more or less. A public hearing at which parties in interest and citizens shall have an opportunity to be heard, will be held by the Board of County Com- missioners of Indian River County, Florida, in the. _ County Commission Chambers of the County Administration Building, located at 1840 25th Street, Vero Beach, Florida, on Wednesday. Feb- ruary 22,1984, at 9:45 A.M. .: if any person decides to appeal any decision made on the above matter, he will need a record of the proceedings, and for such purposes, he may need to ensure that a verbatim mord of the - proceedings is made, which includes testimony, land evidence upon which the appeal is based. Indian River County Board of County ConanissiOnOm By: -s -Don C. Scurock Jr. Chairman Feb. 3,15,1984_ Chief Planner Shearer reviewed the following memo and recommendation: 34 - s N6 TO: DATE: The Honorable Members of the Board of County Commissioners January 19, 1984 FILE: DIVISION HEAD CONCURRENCE - SUBJECT: 4zlWil. 2" Robert M. KealingV AICP. Planning & Development Director COUNTY -INITIATED REQUEST TO REZONE APPROXIMATELY 1.2 ACRES FROM C-lA, RESTRICTED COMMERCIAL DISTRICT, TO C-1, COMMERCIAL. DISTRICT FROM: Richard Shearer, AICP REFERENCES: 1.2 Acres Rezoning Principal Planner WORK02 Ib is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of February 22, 1984. DESCRIPTION & CONDITIONS The applicant, Indian River County, is requesting to rezone two parcels,`comprising approximately 1.2 acres located on the east side of U.S..Highway 1 and .north of Oslo Road from C -1A, Restricted Commercial District, to C-1, Commercial District. This rezoning was initiated by the staff in response to a recommendation by the Planning and Zoning Commission during a recent rezoning hearing on land contiguous to these properties (the Nu -West Florida request to rezone from C-lA to C-1). The purpose of this rezoning is to redesignate two parcels to a more appropriate zoning district. As a result of the Nu -West rezoning, the two parcels in question became isolated pockets of land zoned C-lA within a larger area designated as C-1. The proposed rezoning would promote consistency and computability by designating the parcels under consideration as C-1. On January 12, 1984, the.Planning and Zoning Commission voted 5 -to -0 to recommend approval of this rezoning request. ALTERNATIVES& ANALYSIS. In this section, an analysis of will be presented as well as a use'as established in the Land Plan. Existing Land Use Pattern the existing land use pattern discussion of the future land Use Element of the Comprehensive The northern parcel of the two subject properties is occupied by the Driftwood Fruit Company fruit stand. The southern parcel is occupied by the Florigold-Sealed Sweet sales office. Between the two parcels, and immediately to the north, east, and south is vacant land. The vacant land to the north and east is zoned C-1. The land between the subject properties and immediately to the south was rezoned from C -1A to C-1 on January 18, 1984. Further north is a single-family subdivision and condominiums developed by Vista properties. West of the subject properties, across U.S. Highway #1, is the Oslo Citrus Growers Association packing house. South of the packing house is vacant land to Oslo Road. South of Oslo Road is the PVC Furniture Center and a flea market on the west side of U.S.1; Mecca Convalescent Home, a surplus outlet store, and a mobile home park are located south of Oslo Road on the east side of U.S. 1. East of J the subject properties is vacant land and the University of Florida Entomology Laboratory. 35 FEB- 2 2 1984 800K '56 PkE x!35 FEB 2 2 1984 Future Land Use Pattern ac E x 56. PACE 236 The Comprehensive Plan designates the land north of Oslo Road and east of U.S. 1 as MD -2, Medium -Density Residential (up to 10 units/acre). However, the Plan also designates an 80 acre commercial node at the intersection of U.S. 1 and Oslo Road. The subject properties and the lands immediately to the north, south, and east can be included in this node. West of the subject properties is the U.S. Highway 1 Mixed -Use District corridor. Further to the south, across Oslo Road, the land is designated as LD -2, Low -Density Residential 2 (up to 6 units/acre). Offices and retail fruit stands are allowed in both the C-lA and C-1 zoning districts. Based on the existing land use pattern in this area, the zoning of the surrounding parcels, and the commercial land use designation for the Oslo Road and U.S. 1 intersection, the C-1 zoning district appears to be the most appropriate zoning for the subject properties. Roads/Traffic The subject properties have direct access to U.S. Highway #1 (classified as an arterial street on the Thoroughfare Plan). No additional traffic is expected as a result of rezoning these properties. Environment The subject properties are not designated as environmentally sensitive, nor are they in a flood -prone area. Utilities County water is available for the subject properties, but County wastewater facilities are not available. RECOMMENDATION Based on the above analysis, including the Planning and -Zoning Commission's recommendation, staff recommends approval. The Chairman asked if anyone present wished to be heard. There were none. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously closed the public hearing. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously adopted Ordinance 84-7, approving the County initiated rezoning of 1.2 acres east of U.S.1 and north of Oslo Road to C-1. _ � 36 ORDINANCE NO. 84-7 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 Courity,.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: A portion of the Southwest quarter of Section 19, Township 33 South, Range 40 East, Indian River County, Florida, lying easterly of the easterly right-of-way line of U.S. Highway No. 1 being more particularly described as fol- lows: Commencing at a point,of intersection of the South line of the Paul Goodrige property as described in Official Record Book 24, Page 363, Public Records of Indian River County, Florida, with the new East right-of-way line of U.S.. Highway No. 1; thence South 12005158" East (for the purpose of this description said East right-of-way line is assumed to bear South 12°05158" East) along said East right-of-way line a, distance of 115.73 feet to the. Point of Beginning of -the herein described parcel of land; thence South 89°42'46" East, a distance of 187.87 feet; thence South 12005158 East, a distance of 185.79 feet; thence North 89057140" West, a distance of 187.69 feet to a point on the aforementioned East right-of-way line of U.S. Highway No. 1; thence North 12`05'58 West, along said right-of-way line, a distance of 186.62 feet to the Point of Beginning. Said Parcel containing 34,168 square feet or 0.7844 acres more or less. Together with the following described parcel: Commencing at a point of intersection of the South line of the Paul Goodrige property as described in Official Record Book 24, Page 363 Public Records of Indian River County, Florida with the new East right-of-way of U.S. Highway No. 1; thence South 12°05158" East (for the purpose of this description said East right-of-way line is assumed to bear South 12105158" East) along said East right-of-way line a distance of 622.08 feet to the Point of Beginning of the herein described parcel of land; thence North 77054102" East, a distance of 183.50 feet; thence South 12005158" East, a distance of 100.00 feet; thence South 77054102" West, a distance of 183.50 feet, to a point on the afore- mentioned East right-of-way line of U. S. Highway No. 1; thence North 12005158" West, along said right-of-way line, a distance of 100.00 feet to the Point of Beqinninn . 37 B 2 2 1984 aw 56 PACE237 FEB 2 2 1994 BOX 56 PACE238 Said Parcel containing 18,350 square feet or 0.4213 acres more or less. Total parcels contain 1.2057 acres more or less. Be changed from C-lA, "Restricted Commercial District" to C-1, "Commercial District". All with the meaning and intent and as set forth and described in said Zoning Regulations. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this 22 day of February , 1984. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By Don C. Scur ock, Jr. Chairman PETITION PAVING - PORTIONS OF 10th COURT AND 142nd STREET The hour of 10:00 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: 38 !vv ERO BEACH PRESS -JOURNAL +1o�ddh.a ,, ty Published Doily Vet�$ each, Indian River County, Florida QTY OF INDIAN R: STATE OF FLORIDA ,int ersigned authority personally appeared J. J. Schumann, Jr, who on oath says t i t;iness Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a2 in the matter of 1 1 LIA.0, in the �( Court, was pub- lished in said newspaper in the issues of ,ma/y i Affiant further says that the said Vera Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor pfomised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaj r. M r r Sworn to and subscribed befor me �th' day of - A.D. 19 el _ (Bdsin Manager) (SEAL) (Clerk of the Circuit Court, Indian ver County, Florida) PUBLIC NOTICE PLEASE TAKE NOTICE that the Board Of County Commissioners of Indian River County. Florida. will hold a public hearing at 10 A.M. on Wednesday- February 22, 1984• in,tbe Commis- sion Chambers located at 1840 25th Street. Vero Beach, Florida, to consider the adoption of the two proposed resolutions in substantialiyathe fol- lowing form: RESOLUTION NO. 84- AND NO. 84 - TWO RESOLUTIONS OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY. FLORIDA, PROVIDING FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 10TH COURT BETWEEN 2ND STREET AND SOUTH RELIEF CANAL AND TO 142ND STREET BETWEEN 81ST AVENUE AND 110TH STREET; PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS.: AND LEGAL- DESCRIPTION OF THE AREA SPE- CIALLY BENEFITED. WHEREAS, the County Public Woks Depart- ment has received two public improvement peti- tions, signed by more than % of the owners of property in the. respective areas to be specially benefited, requesting paving and drainage im- provements to 10th Court between 2nd Street and South Relief Canal and to 142nd Street b3- tween 81 st Avenue and 11031 Street; and WHEREAS, the petition have been veru and most the requirements o: Ordinance` 81-27, and design work for each project including cost estimates, has been completed by the Public Works Division: and WHEREAS, the total estimated cost of the pro- _ posed improvements is $18,888.00 for the 10th Court; and $17,820.00 for 142nd Street; and WHEREAS, the special assessments provided hereunder shall, for any given record owner of . property within each of the areas specially bene- . fited, be in an amount equal to that proportion of - seventy-five percent (75%) of the total cost of the applicable project which the number of lineal ' feet of road frontage owned by the given owners bears to the total number of lineal feet of road frontage within the area specially benefited, and shall become due and payable at the Office of the Tax Collector of Indian River County ninety (90l days after the final determination of the spe- cial assessments pursuant to Ordinance 81-27; and WHEREAS, Indian River County shall pay the remaining twenty-five percent (25%) of the total cost of each project; and - WHEREAS, any special assessment not paid within said ninety (90) day period shall bear in- terest beyond the due date at a rate established by the Board Of County Commissioners at the time of preparation of the final assessment roll, and shall be payable In two' (2) equal install- ments, the first to be made twelve (12) months from the due date and the second to be made twenty-four (24) months from the due date; and WHEREAS, alter examination of the nature. , and anticipated usage of the proposed improve ments, the Board of County Commissioners has determined that the following described proper-' ties shall receive a direct and special benefit from these improvements, to wit 1 For the 10th Court project. No. 8329: Lots t through 25, Block L; as shown an the I Plat of Indian River Heights Unit a Subdivision on record in Plat Book 2, Page 25, of •Public. Records of Indian fiiver County, Florida. For the 142nd Street project No. 8329: - Lots 4 and 5; Block F; Lots 20, 21, 22, Block C;' Lots 1 thru 6 Block G; as showns on the Plat of Ercildoune Heights Subdivision on record in Plat Book 4, Page 5 of Public Records of Indian P:ver- County, Florida. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF' INDIAN RIVER COUNTY, FLORIDA, as foltows: 1. The forgoing recitals are affirmed and rata fled in their entirety. " 2. A project providing for paving and drain- age improvements to 10th Court between 2nd Street and South Relief Canal, heretofore desig- nated as Public Works Projects No. 8325, is hereby approved subject to the terms outlined above and all applicable requirements of Ordi- nance 81-27. 3. A project providing for paving and drain- age improvements to 142nd Street between 81st Avenue and 110th Street, heretofore designated as Public Works Project No. 8329, is hereby ap- proved subject to the terms outlined above' and all applicat)le requirements of Ordinance 81-27. The foregoing resolution was offered by Com- missioner — who moved its adoption. The mo- tion was seconded by Commissioner — and, upon being put to a vote, the vote was as fol- lows: Chairman Don C. Scurlock Jr. Vice -Chairman Patrick B. Lyons Commissioner Margaret C. Bowman Commissioner Richard N. Bird Commissioner William. C. Wodtke Jr. ' The Chairman thereupon declaredthe resolu- tion duly passes and adopted this — day of —, 1984. Board of County Commissioners of Indian River County, Florida By: Don C. Scurlock Jr. Chairman Attest: Freda Wright, Clark Approved as to form and legal sufficiency By: Christopher J.Paulf PLEASE TAKE FURTHER NOTICE that at the same public hearing, the Board of County Com- missioners shall also hear an interested persons regarding the proposed roll for the improve- ments described in the above resolution. The preliminary assessment roll is currently -on file with the Public Works Division and is oW for in- spection between the ours of 8:30 A.M. and 5:00 i P.M Monday through Friday... _ If a person decides to appeal any 446ision made by the Commission with respect ntr_ matter considered at this hearing, he vxiU.• record of the proceedings. and that, fol purpose, he may need to ensure that a 3 9 record of the proceedings is made, includes the testimony and avidenfli th the appeal,. is to be based. Indian River County FEB 2 2 1984 p f r Michael Wright nt LKJ %J �� tUt F�.7.1984nyAdrrumsdator �.� FEB 2 2 1994 awn 56 PACE 240 Michele Terry, of Public Works, reviewed staff memo, as follows: TO: The Honorable Members of DATE: February 13, 198FILE: the Board of County Commissioners THROUGH: Michael Wright, County Administrator SUBJECT: Public Hearing to Consider Resolution Providing for the Paving of Portions of 10th Court and 142nd Street; to Consider Preliminary Assessment -Rolls FROM: James W. Davis, P.E., REFERENCES: Public Works Directorl DESCRIPTION AND CONDITIONS Valid petitions have been received from at least 66.70 of the property owners of the following streets 1) 10th Court from South Relief Canal to 2nd Street (preliminary cost $18,888.00). 68% Property Owners 2) 142nd Street between 81st Avenue and 110th Street (Preliminary cost $17,820.00) 70% Property Owners Preliminary assessment rolls have been prepared for the paving and drainage improvements. The total costs of all projects is approximately $36,708.00. There is approximately $62,262.00 now set aside in FY 83-84 budget for Petition Paving Account No. 703-214-541-35.39. Also, advertisement of the Public Hearing and notification to the Property Owners hdve been performed. RECOMMENDATIONS AND FUNVING- After consideration of the public input provided at the Public Hearing, it is recommended that motions be made to: 1) Adopt resolution, providing for the paving and drainage improvements for each petition paving project, subject to the terms outlined in the Resolutions. 2) Approve preliminary assessment rolls including any changes made as a result of the Public Hearing, 3) Allocate $ $36,708.00 from the Petition Paving account to fund this work. 4) The Road and Bridge Department be notified to begin construction. ATTACHMENTS '1) Resolution 2) Preliminary Assessment Rolls 3) Copy of Advertisement 4) Copy of Typical letter to Property Owners DISTRIBUTION 1) Albert VanAuken, Road and Bridge Superintendent 2) Michelle Terry, Engineering Department - _ 40 No A. 10th Court between 2nd St. & S. Relief Canal Commissioner Wodtke asked how much front,footage the petitioning property owners represent, and Public Works. Director Davis stated that all the lots.are identical so it is actually 68% of the front footage. The Chairman asked if anyone present wished to be heard. There were none. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board.unanimously closed the public hearing re 10th Court. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously adopted Resolution 84-14 providing for paving and drainage improvements to 10th Court between 2nd Street and South Relief Canal; approved the preliminary assessment roll; agreed to allocate $18,888.00 from the Petition Paving account; and instructed that the Road and Bridge Department be notified to begin construction. 41 F E B 22 1984B 56 PACE:. J f 2 2 1984 6aoK 56 PnE 242 RESOLUTION NO. 84- 14 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVEit COUNTY, FLORIDA, PROVIDING FOR CAIN PAVING AND DRAINAGE INPROVEMENTS TO 10th COURT BETWEEN 2ND STREET AND SOUTH RELIEF CANAL; PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALEMENTS, AND LEGAL DESCRIPTION OF THE AREA SPECIALLY BENEFITED. WHEREAS, the County Public Works Department has received a public improvement petition, signed by more than 2/3 of the owners of property in the area to be specially benefited, requesting paving and drainage improvements to 10th Court between 2nd Street and South Relief Canal; and WHEREAS, the petition has been verified and meets the requirements of Ordinance 81-27, and design work including cost esti- mates has been completed by the Public Works Division; and WHEREAS, the total. estimated cost of the proposed im- provements is $18,888.00; and WHEREAS, the special assessment provided hereunder shall, for any given record owner of property within the area specially bene- fited, be in an amount equal to that proportion of seventy-five percent (750) of the total cost of the project which the number of lineal feet of road frontage owned by the given owner bears to the total number of lineal feet of road frontage within the area specially benefited, and shall become due and payable at the Office of the Tax Collector of Indian River County ninety (90) days after the final determination of the special assessment pursuant to Ordinance 81-27; and WHEREAS, Indian River County shall pay the remaining twenty-five percent(25o) of the total cost of the project; and WHEREAS, any special assessment not paid within said ninety (90) day period shall bear interest beyond the due date at a rate established by the Board of County Commissioners at the time of preparation of the final assessment roll, and shall be payable in two (2) equal installments, the first to be made twelve (12) months from the due date and the second to be made twenty-four(24) months from the due date; and WHEREAS, after examination of the nature and anticipated usage of the proposed improvements, the Board of County Commissioners has determined that the following described properties shall receive a direct and special benefit from these improvements, to wit: Lots 1 through 25, Block L; as sham on the Plat of Indian River Heights Unit 8 Subdivision on record in Plat Book 2 page 25 of Public Records of Indian River County, Florida. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing recitals are affirmed and ratified in their entirety. 2. A project providing for paving and drainage improve- ments to 10th Court between 2nd Street and South Relief Canal ; hereto- fore designated as Public Works Projects No. 8325, is hereby approved subject to the texnms outlined above and all applicable req irements of Ordinance 81-27. The foregoing resolution was offered by Commissioner Lyons Who moved its adoption. The motion was seconded by Commis- sioner Bird and, upon being put to a vote; the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice -Chairman Patrick B. Lyons A e Commissioner Margaret C. Bowman A e,. Commissioner Richard N. Bird Aye Commissioner William C. Wodtke, Jr. Aye The Chairman thereupon declared the resolution duly passed and adopted this 22nd day of February , 1984. • A )AWS -076310H• im+- • i• �• �•191919011RA By DCCT C. SCURLOCK, JR. Chairman Attest: FFMA WRIGU, Cler il— APPROVED AS TO FORK D LEGAL SUFFICIENCY By �� .f.r r • • ia�• • Assistant County Attorney FEB 22 1984 Bay 56 FAcE24 FEB 2 2 1984 B� B. 142nd Street between 81st Ave. and 110th St. The Chairman asked if anyone present wished to be heard. Fredonia Kelso spoke in opposition to the proposed paving and noted that until this morning, there were not enough signatures to make the petition valid. She believed that if the street is paved, it will become a raceway.and it will detract from the rural atmosphere of their unique community. Mrs. Kelso further felt the fees are not equitable, and they should be assessed on a per lot basis rather than by front footage. Commissioner Bird inquired about the percentage of our petition paving funds that have not been expended so far, and Public Works Director Davis believed we are in a very good posture at this time and have close to $200,000. Dr. John Adkins, 14195 81st Avenue, noted that he moved to this area 4 years ago at which time the streets were merely sand streets. Since that time, the county has paved these with marl, which has tended to drain the water to either side of the road at the corner, and this has created a ditch on each side of -the road, one of which has become quite deep and poses a hazard. He noted that if the situa- tion continues as it is, the.County will have to go to some expense to remedy it. Dr. Adkins believed paving this area would take care of the drainage problem, and benefit the County as well as the property owners. Commissioner Wodtke felt there must be quite of a bit of drainage work in this project because the price' -is higher, and Public Works Director explained that the elevation does drop in this area which is known as the Ercildoune Bowl. When we put material on the road, it washes right down into the river. He felt the proposed design with curb and gutter and catch basins will remedy the situation. 44 M • Robert Reed, 8050 142nd St., displayed pictures of washouts that have occurred and emphasized the danger of the situation. He also had a picture of the sand that collects in his driveway as much as 8" deep after a heavy rain and stated that after his last complaint, the County crew came out to shovel out his driveway. Mr. Reed wished to refute Mrs. Kelso's remark about the paving not being a good thing for the area. He emphasized that the people in this area work hard to take care of their property. Mr. Reed then distributed pictures of the home the Kelsos have built, noting that although they moved in in June of 1983, it still is not finished; the forms are still on the poured beams over the garage and building materials are lying all around, which certainly does not beautify the area. Mr. Reed believed the paving would be an advantage to everyone in the ti area and particularly to Mrs. Kelso because her lot is washed down the -road every time it rains. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously closed the public.hearing. Commissioner Lyons inquired about the question raised e by Mrs. Kelso as to the way the assessment is being made. Public Works Director Davis explained that it is based on the front footage of the owners on the street. Some of the lots on the north side of the street are pie shaped so that some have as much as 190' frontage while some have only 45' frontage. On the south side of the street, the lots are more regular and have more equal frontage. There are six lots on the south and five on the north side of the street. Mr. Davis agreed that one other way to do the assessment would be on a per parcel basis, which would assess all lots 45 �e PacE FEB 2 2 1984 BOOK 56 PAGE 2,46 an equal amount, but he felt no matter how this is computed, front footage or square footage, certain people could point to inequities. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, the Board unanimously adopted Resolution 84-15 providing for paving and drainage improvements to 142nd St. between 81st Avenue and 110th St.; approved the preliminary assessment roll; agreed to allocate $17,820.00 from the Petition Paving account; and instructed that the Road and Bridge Depart- ment be notified to begin construction. 46 RESOLUTION NO. 84- 15 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR a=UN PAVING AND DRATNAGE IMPROVEMENTS TO 142ND STRF T BETWEEN 81ST AVENUE AND 110TH STREE'; PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, MENTS , AND LEGAL DESCRIPTION OF THE AREA SPECIALLY BENEFITED. WHEREAS, the County Public Works Department has received a public improvement.petition, signed by more than 2/3 of the owners of property in the area to be specially benefited, requesting paving and drainage improvements,to 142nd Street between 81st Avenue and 110th Street; and WMMAS, the petition has been verified and meets the requirements of Ordinance 81-27, and design work including cost esti- mates has been completed by the Public Works Division; -and WHEREAS, the total estimated cost of the proposed im-•. provements is $17,820.00; and WHEREAS, the special assessment provided hereunder shall, for any given record owner of property within the area specially bene- fited, be in an amount equal to that proportion of seventy-five percent(75o) of the total cost of the project which the number of lineal feet of road frontage owned by the given owner bears to the total number of lineal feet of road frontage within the area specially benefited, and shall become due and payable at the Office of the Tax Collector of Indian River County ninety (90) days after the final determination of the special assessment pursuant to Ordinance 81-27; and WHEREAS, Indian River County shall pay the remaining twenty-five percent(25%) of the total cost of the project; and WHEREAS, any special assessment not paid within said ninety (90) day period shall bear interest beyond the due date at a rate established by the Board of County Commissioners at the time of preparation of the final assessment roll, and shall be payable in two (2) equal installments, the first to be made twelve (12) months from the due date and the second to be made twenty-four(24) months frau the due date; and WHEREAS, after examination of the nature and anticipated usage of the proposed improvements, the Board of County Commissioners has determined that the following described properties shall receive a direct and special benefit from these improvements, to wit: FEB 2 21994 BOOK ILI Pa ; 7 r FE Er 2 2 1994 BOOK 56 PACE2. 8 Lots 4 and 5, Block F; Lots 20, 21,22 Block C,• Lots 1 thru 6 Block G; as shown on the Plat of Ercildoune Heights Subidivsion on record in Plat Book 4 Page 5 of Public Records of Indian River County, Florida. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing recitals are affirmed and ratified in their entirety. 2. A project providing for paving and drainage improve- ments to 142nd Street between 81st Avenue and 110th Street, heretofore designated as Public Works Project No. 8329, is,hereby approved subject to the terms outlined above and all applicable requirements of Ordinance 81-27. The foregoing resolution was offered by Commissioner Wo dt ke Who moved -its adoption. The motion was seconded by Commis- sioner Bowman and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice -Chairman Patrick B. Lyons Aye Commissioner Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner William C. Wodtke, Jr. Aye The Chairman thereupon declared the resolution duly passed and adopted this 22nd day of February , 1984. Attest:QJtu / FREDA WRIGHT, Cle APPROVED AS TO FORM AND LEGAL SUFFICIENCY • By STOPHER J. PAULL Assistant County Attorney J BOARD OF'COUNTY 00MUSSIONERS OF INDIAN RIVER COUNTY, FLORIDA By C -- DON DON C. SCURLOCK, JR. Chairman DISCUSSION RE 16TH STREET CHANGE ORDER Public Works Director Davis informed the Board that the 16th Street project has progressed to where staff would like to recommend some change orders as listed in the following letter from Consulting Engineer Darrell McQueen. LLOYD & AsSOCiATES. INC. ENGINEERS AND SURVEYORS ROBERT F. LLOYD REGISTERED CIVIL ENGINEER 3538 REFORTS REGISTERED LAND SURVEYOR 944 DESIGNS SUPERVISION APPRAISALS CONSULTATIONS February 15, 1984 Mr. James W. Davis, P.E. County Engineer Indian River County 1 1840 25th Street Vero Beach, FL 32960 re:16th Street Improvements Dear Jim, I (305) 562-4112 1935 30TH STREET VERO BEACH, FLORIDA 3z96n Listed below are the specific items in the Change Order, and the prices Dickerson has submitted for same: 1) Change order from Limerock to Coquina 2) 20th Avenue North Extension 3) Right turn lane @ 10th Avenue 4) East Bound Lane 10th Avenue to end of job 5) 12th Street and 20th Avenue �f`y -) Flashing Beacons ( 4 ) 7) F.E.C. Insurance 8) Parking Lot V Alternate A (228 paved spaces) Alternate B ( 92 paved spaces & 136 stabilized (& sodded spaces) 4 9) Pipe @ 27th Avenue Alternate (extend w/ 72" RCP) Alternate (remove 48" RCP & place 72" RCP) Alternate E (remove 48" RCP & place 108" RCP) (-$ 67,315.91) $ 22,466.52 $ 4,023.92 $ 14,260.12 $ 3,626.47 $ 10,605.00 $ 150.00 $127,660.75 $111,924.31 $ 45,684.40 $ 97,082.40 $215,450.40 All three pipe alternatives reflect a deduction of $25,317.60, which was the cost of the 48" RCP contained in the original contract. If you have any questions, let us know. Sin drely, •L Yiti1.L E-1 Z - �' Darrell E. McQueen, P.E.' 49 FEB 22 1994 a�� 56. PnE20"' A ;;ate �� t �'j►ffr� V�1 (305) 562-4112 1935 30TH STREET VERO BEACH, FLORIDA 3z96n Listed below are the specific items in the Change Order, and the prices Dickerson has submitted for same: 1) Change order from Limerock to Coquina 2) 20th Avenue North Extension 3) Right turn lane @ 10th Avenue 4) East Bound Lane 10th Avenue to end of job 5) 12th Street and 20th Avenue �f`y -) Flashing Beacons ( 4 ) 7) F.E.C. Insurance 8) Parking Lot V Alternate A (228 paved spaces) Alternate B ( 92 paved spaces & 136 stabilized (& sodded spaces) 4 9) Pipe @ 27th Avenue Alternate (extend w/ 72" RCP) Alternate (remove 48" RCP & place 72" RCP) Alternate E (remove 48" RCP & place 108" RCP) (-$ 67,315.91) $ 22,466.52 $ 4,023.92 $ 14,260.12 $ 3,626.47 $ 10,605.00 $ 150.00 $127,660.75 $111,924.31 $ 45,684.40 $ 97,082.40 $215,450.40 All three pipe alternatives reflect a deduction of $25,317.60, which was the cost of the 48" RCP contained in the original contract. If you have any questions, let us know. Sin drely, •L Yiti1.L E-1 Z - �' Darrell E. McQueen, P.E.' 49 FEB 22 1994 a�� 56. PnE20"' FEB 22 1984 BBOK 56 PACE 259 Director Davis continued that he would now like to present staff's thoughts and get some direction before drafting the final change order. He reported that he has talked to the contractor, who has given a verbal indication that these costs are accurate. Item 1 - Change order from Limerock to Coquina Mr. Davis reported that he would like to delete the limerock specification and substitute coquina rock as it is much more easily available in our area than limerock which has to be transported from other areas. The DOT presently is using coquina on some county projects, and this would result in a deduction of $67,315.91. Item 2 - 20th Avenue North Extension Mr. Davis stated thjat he does feel we need to extend the bike path to SR 60 and there does need to be some widening work where the intersection occurs. Engineer Darrell McQueen informed the Board that initially the plan had called for an end in the construction at 19th Street, but some discussion was held in regard to extending, widening and resurfacing up to the intersection of 20th Avenue, which would move the bike crossing up to the point of a controlled intersection. He believed this should have been extended to 19th Place even in the beginning. Chairman.Scurlock brought up the dangerous crossing situation where St. -Helen's Catholic Church is located at the intersection of 20th Avenue and SR 60, and Mr. McQueen stated that he would like to have a four-way stop sign placed there immediately. Later on, it will be a through street, but this will let everyone get used to it first. He pointed out that the best solution to this problem inter- section would have been the twin pairs project, which was abandoned. Director Davis commented that although the DOT has some substantial funds budgeted for this intersection, they have 50 1 not finalized their design. Staff feels the proposed action would be appropriate at this time since our contract prices are very good and we could get this work done based oft the unit quantities bid months ago. Mr. McQueen noted that when the twin pairs was designed, the two lanes on 20th Avenue were pulled together at the intersection, and he would hope that the DOT still would stay -with that design. He -reported that based on that plan, they now basically have brought their full construc- tion up to 19th Place. Mr. McQueen felt it is still an undesirable intersection -because of the way the traffic comes through, but he believed we have got the best we can at this time, and he was'*hoping to get some input from the DOT. Item 3 - Right turn lane at 10th Avenue Director Davis noted that now that Lurias is open and has purchased the mobile home park, there is and will be even more greatly increased activity at this location, - theatres, etc. Since our bid quantities and prices were so good, it was found that we could come in and provide a right turn lane going eastbound to get the traffic into the back door for a cost of about $4,000. Mr. Davis felt this is a good buy and would improve the traffic flow tremendously. It would be a four lane section just west of 10th Avenue and actually is only widening of the pavement in that area to get the flow out of the through lanes. .Item 4 - East Bound Lane 10th Ave. to end of job Mr. Davis explained that this item is to continue the above lane from 10th Avenue to U.S.1, to the transition that the DOT is going to construct at that intersection. He informed the Board that since our recent approval of funding the shortfall for the U.S.1 and 17th Street intersection, it now appears there is a possibility that the DOT may fund that $63,000, and we have been told to hold the joint 51 FEB 2 2 1984 6� ; ea€�, FEB 2 2 1994 Bou 5.6 PACE 2i'J; 2 project agreement and not send any money yet. It seems .there is an overlap on these projects. Mr. Davis continued that the recommended fourth lane from 10th Avenue to U.S.1 will be mainly for storage and increased capacity. It will move the sidewalk a little bit to the south, but it won't affect the businesses and will not require any additional right-of-way. Item 5 - 12th Street and 20th Avenue Mr. Davis reported that this item is simply to clean up some bike path situations in the area by'extending the bike path from 22nd Avenue where it bends to the north and comes back out on 20th to have it come to the intersection so it can connect to the new bike path on 20th Avenue. There is also a little bit of curb work. Commissioner Lyons noted that it seems it has been necessary to cut back into the property owners land on the south side of 16th Street where the sidewalk was put in, and he wondered if there is going to be anything to keep that from being full of dirt all the time. Mr. McQueen stated that has been worked out with the people along there, and -this will be laid back on a slope. Item 6 - Flashing Beacons (4) Mr. Davis informed the Board that staff still is looking hard at this item. It was left out of the original bid, but they are looking to see if we can get it done at a lesser cost and have a greater number of installations since the county has approved a countywide program. He noted that we will delete it from this change order, but he would like to look at it some other time. Mr. McQueen felt we do have a good price and asked if .the Board did wish to delete these flashing beacons. Administrator Wright believed the recommendation is just to skip this for the time being. 52 Item 7 - F.E.C. Insurance This item is simply to see that the contractor will have the proper insurance required by the F.E.C. and.it amounts to only $150.00. Item 8 - Parking Lot (Alternate A & Alternate B) Director Davis explained that this involves the parking lot along the high school ballfield frontage, and it also wraps around on 20th Avenue by St. Francis Manor and on the west side of 17th Avenue to the north of 16th Street. It is actually three parking lots around the southeast and west area of the ballfields. Alternate A involves paving 1000 of the 228 spaces and .the parking aisles for $127,660. Alter' - nate B would be to pave the parking lot fronting along 16th Street and leave the parking spaces along the fields in sod. Based on the difficult maintenance situation, it would be 4 staff's recommendation to pave it all, and he felt this•is a good price. Commissioner Wodtke asked where we get the money for this, and Mr. Davis stated that it would come from the project; the Board has already authorized them to proceed with costing this out. Administrator Wright noted that this is County property and on lease to the City with an 18 month termination clause. Item 9 - Pipe at 27th Avenue Public Works Director Davis informed the Board that the existing pipe is 48", and the drainage study calls for three 72" culverts. Putting that size culverts in that sublateral canal -would be difficult, and they have looked at some alternatives, i.e., replacing the 48" with an 108" culvert, which the contractor has indicated would cost about $240,000. Another alternative, 72", came in at about $123,000, and an additional alternative, which was to leave the 48" in place and extend it with 72", came to about 53 FEB 2 2 1984 aaox 56 FEB 1984 B.00x -56 PACE 254 $70,000. Mr. Davis explained that the whole reason for the pipe is to provide an exclusive left turn lane for the west and east approaches of 27th.Avenue which would improve the capacity of the intersection. Since the culvert would serve not only the county roadway, but the DOT and the City, we asked the City if they would like to participate since the watershed area is in the City limits. The City did not elect to participate, and staff, therefore, feels we perhaps should delete this portion of the project until the time when the Drainage District has completed their drainage study. The Drainage District did not endorse the County or the City's study and did their own. Since this is a separate part of the project, staff feels that it can be performed at a later time without impairing the rest of the project. The Drainage District study has been going on about 1h years, and they say it is a three year study. Commissioner Lyons felt when the City is ready to - participate, we should talk about it again. Administrator Wright noted that if the 27th Avenue portion is left out, we would save about $50,000, and Mr. McQueen felt we might save an -additional $40,000 in pipe. Mr. Davis agreed there would be a.substantial saving. Administrator Wright noted that it is staff's recommendation that we do all the paving on the parking lots, and this would wash out at about a $40,000 increase. Chairman Scurlock expressed concern about having proper drainage, and Mr. Davis noted that the drainage at this intersection actually involves 11 culverts upstream and about -five culverts downstream, some of which are in private driveways. Administrator Wright assured the Board that we are not blocking anything. Drainage in that area is a long way from being settled and he did not feel by postponing this, we would-be causing any hardship. 54 Discussion followed as to what would be done to the intersection, and the Administrator stated that we would just leave it as it is. Mr. McQueen noted that there would be a new improved signal. Commissioner Bird stated that he would speak in favor of the staff recommendations, including the paving of the parking lots. He noted that if we'don't use these funds now, he did not know when we will ever do so. This is a very large recreational area which is utilized by many thousands of our residents, and he felt it will continue to be a hub of recreational activity. Commissioner Bird therefore, felt we have justification to spend our transpor- tation dollars in that area. Chairman Scurlock asked about parking meters and • F J brought up the fact that the High School charges for parking in their lots. Commissioner Wodtke expressed concern about spending that kind of money, and felt, in essence we are going to put a parking lot around the Citrus Bowl and the softball field, and it is going in simply because it is for recreation. Director Davis emphasized that there are drainage considerations; it is a mess and a high maintenance situation, and we have been spending a lot of money there. He felt the the maintenance savings that would be achieved by the paving are worthy of consideration. Commissioner Lyons stated that he is tired of asking for cooperation from the other governmental bodies, and. feels that now is the time to go ahead with this. Administrator Wright clarified that staff recommenda- tion is to accept items 1 through 5, delete 6, accept item 7 and Alternate A of Item 8, and delete 9. 55 FE B 2 2 1994 Bang 56 PACF 2,5-3 FF 8 2, 2, 1984 - 1 6 f1K 56 PAcE2,5 MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bird, to accept staff recommendation for a Change Order on 16th Street Improvements, as set out in letter from Darrell McQueen dated February 15, 1984, deleting Items 6 and 9, and approving Alternate A of Item 8. Engineer Darrell McQueen noted that now that K -Mart and Luria's are both connected to 10th Avenue and out onto 16th Street, it would be very.beneficial to have an additional lane on 16th Street so that there would be two lanes running from Old Dixie eastbound direct to U.S.l. He did not feel the cost would be very much. Mr. Davis pointed out that since the new fire station is operational on Old Dixie, this would be an additional safety factor. Administrator Wright suggested that staff give this more consideration and come back to the Board. He did believe that this is a good idea. Mr. McQueen stated that.he will put a temporary hold on the work in this area, but will not hold up the rest of the project. He noted that this would not affect the north side of the street, only the south side. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried 4 to 1 with Commissioner Wodtke voting in opposition and indicating that his opposition was to the paving of the parking lot only. 56 ON MOTION by Commissioner Bird, SECONDED by Commissioner Lyons, the Board unanimously instructed the Public Works Director to work with Engineer McQueen on providing an extra lane eastbound on 16th Street between 10th Avenue and Old Dixie and come back to the Board with a recommendation. Public Works Director Davis commended Mr. McQueen and Lloyd & Associates for their fine cooperation on this project. PROPOSED AMENDMENT TO SEC. 768.28 of FLORIDA STATUTES Attorney Brandenburg reported that he has received a request from St. Lucie County to support an amendment to the above statute which waives sovereign immunity for negligency by governmental -agencies, as follows: 57 FEB 22 19AA aacF` FEB 22 1984 D � D HUIrn D 3� tion � co V; n M - ' - ti r- � c < c • ev'a BOOK 56 pAcE 6R- (305) 466.1100 (305) 678-4898 2300 VIRGINIA AVENUE gait ;P4=", 9&.uda 33450 District No. 1-,ir:j' . GREEN, District No. 2 - MAURICE SNYDER, District No. 3 - R. DALE TREFELNER. District No 4 . BILL PALMER. D-ctnct No 5 Chairman Richard N. Bird Board of County Commissioners Indian River County 2145 14th Avenue Vero Beach, Florida 32960 Dear Chairman Bird: D� i :Lt�tJ f4ON LIST February per -.Irrel pubj-, vlorle", Utilities ---�' Finzince Other The St. Lucie County Board of.County Commissioners has presented the enclosed draft legislation that would amend Section 768.28, Florida Statutes, to the St. Lucie County Legislative Delegation. As you know, Section 768.28 waives sovereign immunity accorded the State and its agencies and subdivisions for liability in tort. Two district courts of appeal have interpreted Section 768.28 as waiving sovereign immunity for negligence by governmental agencies in the performance of inspections required by law. ,= Trianon Park Condominium v. City of Hialeah, 423 So. 2d 911 (Fla. 3d DCA 1983) (holding City liable for negligence in inspecting construction of a condominnium); Bryan v State Department of Business Regulation, So. 2d ,, 8 FLW 2241 (Fla. 1st DCA 1983) (holding Department of Business Regulation liable for negligence in inspecting an elevator). In addition, the Fifth District Court of Appeals has held that a city may be liable for damages caused by the negligent acts of the city's fire fighters in -combating a fire. Palmer v. City of Daytona Beach, So. 2d , (Fla. 5th DCA 1983); 9 FLW 65. . Our Board does not believe such liability was intended bt3the Legislature in enacting Section 768.28. Thus, St. Lucie County asks that Indian River County consider supporting this proposed amendment. It is important that all, local governments work together on this important matter. If you have questions concerning the draft or require any additional information, please let me know. DBH•cac Enclosure cc: Board of -County Commissioners County Administrator S 'c re , C� ani B. Hrrel c County Attorney � 40 Cp 58 FEB 1984 RECEI`✓ED County Attomeyy't Me Attorney Brandenburg noted that the effect of the Court decisions is to make counties an -insurer of the quality of work that is performed by contractors. In other words, if the contractor.makes a mistake and does not build to Code, and the county fails to observe this, then the county can be sued for negligent inspection. Attorney Brandenburg stated that it was his understanding, as well as St. Lucie's, that this was not the intent of the Legislature. MOTION WAS MADE by Commissioner Bird, SECONDED by Commissioner Lyons, to authorize Attorney Brandenburg to prepare and send a letter to St. Lucie County supporting their Resolution proposing amendment of Sec. 768.28 of the Florida Statutes, as.,discussed. Commissioner Bowman asked what protection the consumer has if the Building Department is not liable. Attorney Brandenburg explained that the consumer of a building or structure is the person who paid to have it built, and they look to the people who are building it to do this properly and safely. It is not really the job of the taxpayers to insure that the contractors are doing their work. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. MASTER PLAN FOR WATER SYSTEM IMPROVEMENT Utility Director Pinto reviewed staff memo, as follows; 59. FEB 2 2 1984 BNA 5U PW 59 FEB'2 21994 TO: The Honorable ;!embers of The DATE: February 8, 1984 FILE: Board of County Commissioners THRU: Terrance G. Pinto SUBJECT: MASTER PLAN FOR WATER SY=1 Utility Director PIPROV01ENT FROM: Ronald R. Brooks REFERENCES: Environmental Engineering Specialist/Utility Department DESCRIPTION AND CONDITIONS: - The County's water plant is now in operation and is providing much needed water service to only a portion of the County Residents. Indian River County has ai existing and increasing need for water service, particularly in the county areas around the City of Vero Beach, between the Indian River and Interstate 95. The County Water System must be expanded. with foresight and organization to provide safe and dependable water service while avoiding pit Calls and mistakes in design that will later require costly modification. The County needs an updated plan of its existing water system and an updated Nhster Plan for expansion of the system to the full capacity of the Water Plant. In addition, sites for additional sources of water should also be investigated. - •. The -distribution system should be expanded into these areas where there'is. an existing or growing need for water service that can be provided cost effectively. ALTERNATIVES AND ANALYSES: An updated master plan for provision of water service will outline existing needs for water service within the County. The master plan will provide a basic layout for expansion of the distribution system and include the sizing -of the piping and recommended locations for storage facilities and new sources of water. A master plan will provide an organized approach to provision of water service that will assist developers and the County in providing future water service to existing and new developments throughout the County. An organized master plan that identifies existing systems and future needs is also generally essential in any endeavor to obtain State or Federal funding. REC041ENDATION: Staff recommends that the County obtain the professional services of an Engineering firm to develop a County Master Plan for Water Improvements as indicated in the attached Public Notice. Any additional items or services that the Board deems appropriate will be incorporated into the notice if so desired. Staff recommends outlined in the by the Board the Boards approval for obtaining the professional services attached notice as well as any additional services deemed ap»ropriate 60 Utility Director Pinto noted that we have discussed this.for a long time, and he believed it is now time to move ahead. There is a tremendous amount of development taking place in the county, and it is important to be able to tell the developer what to plan on. Mr. Pinto emphasized there - have been some major changes in our system since the Master Plan was drawn; we are moving out on SR 60; we are considering dropping South Beach;and we do not have a plan at all for the North County. We really need to have someone come in and give us a good master plan. Chairman Scurlock felt this is an excellent idea, but did not feel it goes far enough. He believed we need to consider subregional systems for wastewater. Commissioner Lyons noted we really shouldn't be in the wastewater business unless we are in the water business, and the Administrator believed there are some proposals coming before the Board on March 9th in this regard. Chairman Scurlock concurred that this must all tie in. He noted that it will be funded through the Utility Department budget, and we have enough money. Commissioner Lyons brought up the point that we have never decided on whether we are going to insist that people get on the system. Utility Director Pinto believed that we must decide whether existing dwellings will connect, and also, when the developer builds, insist that he provide the lines so that when a major transmission line is run, they can connect. Commissioner Lyons felt strongly that we must face this issue as he did not believe we can continue to use the shallow aquifer on a private basis for potable water, and Chairman Scurlock noted that it is important to have a plan which will at least give the developer a general idea how we are moving along so thay we can tell him to put the dry lines in. FEB 2 2 1984 61 , PACT FEB 221984 BOOK ON MOTION by Commissioner Bird, SECONDED 56 eacE 2F2 by Commissioner Wodtke, the Board unanimously authorized staff to solicit proposals from engineering firms to develop a plan as dis- cussed and then come back to the Board and go through the selection process as required. Nancy Offutt spoke on behalf of the Board of Realtors and reported that they applaud the Commission for taking this step. SCHEDULING OF COUNTYWIDE UTILITY RATE HEARING Utility Director Pinto informed the Board that the consultant has completed his study of our rate structure and has made certain recommendations. Attorney Brandenburg has reviewed the proposed ordinance, and staff would like to be authorized to set a time for a public hearing, possibly mid or late March. Chairman Scurlock felt it should be scheduled as soon as possible so that it can be held.before residents leave for the north. He felt we have been consistent in trying to schedule these type meetings so that as many can participate as possible. Some discussion ensued in regard to.setting such a meeting on a Wednesday evening at 7:30 P.M. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously authorized staff to set and advertise a date for a countywide utility rate hearing. REAPPOINTMENT OF DR. WALKER TO MEDICAL EXAMINER'S COMMISSION Commissioner Bird reviewed the following letter: 62 t- I STATE OF FLORIDA TxE srAT pF POST OFFICE BOX 1489 • "�on,.eTp04` • TALLAHASSEE 32302 PHONE 904-488-7880 BOB GRAHAM, Governor GEORGE FIRESTONE. Secretary of State JIM SMITH, Attorney General ROBERT R. DEMPS€Y GERALD LEWIS. Comptroller Commissioner Febrrary 6, 1984 BILL GUNTER, Treasurer DOYLE, CONNER, Commissioner of Agriculture RALPH D. TURLINGTON, Commissioner of Education Honorable Richard N. Bird Chairman Indian River County Commission 2145 14th Avenue Vero Beach, Florida 32960 Dear Chairman Bird: Pursuant to Section 406.06(1)(a), Florida Statutes, the terms of office of District Medical Examiners in Districts 15 through 24 will expire July 1, 1984. For this reason, the Medical Examiners Commission is considering recommending to the Governor the reappointment of certain incumbent District Medical Examiners. Dr. Leonard Walker, District Medical Examiner for District 19, is being considered by the Commission for reappointment to- this office, effective July 1, 1984. In order for the Commission to recommend a candidate who is acceptable to all concerned, your recommendation concerning this issue is important. It would be appreciated if your office would address this issue, in writing, as soon as possible, indicating your con- currence or non -concurrence in this regard. Your correspon- dence may be directed to me at the following address: Medical Examiners Commission Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Sincerely, Robert R. Dempsey Commissioner r � rq Rt (.0 �r n z c C ffrey W. g `:-' H p f Itaff Director Medical Examiners Commisst�l,.I JWL:tcr MEC/SYS ON MOTION by Commissioner Bird,.SECONDED by Commissioner Lyons, the Board unanimously recommended the reappointment of Dr. Leonard Walker as District Medical Examiner for District 19.� 63 FEB 2 21984 56 OCF.263 ri FEB 2 2 1984 56 PACE2,4 V/ JAIL COMMITTEE REPORT Commissioner Lyons reported that the Jail Committee has looked at the new plan submitted by the architect and felt it looked quite favorable. A question was raised as to whether the manning requirements were different than those of the last design, and Mr. Wright was set up as head of a sub -committee to go over that issue with the jailor and the architect and come back and report to the committee on the 27th. PARKS AND RECREATION COMMITTEE A. Golf Course and Countywide Recreation Committees Commissioner Bird informed the Board that he does not have a recommendation ready today, but he has just about gotten both of the above committees filled up. B. Hosie Schumann Park Commissioner Bird continued that in cooperation with Mrs. Jackson and some other Gifford residents, the concept- ual design for Hosie Schumann Park has been completed. It was -approved at the last meeting of the Parks & Recreation Committee and next will be approved by the people of the community- C. ommunity. C. Discussion re Public Pool in the North County Commissioner Bird reported that the Parks & Recreation committee through George Schum brought up the need for a public pool in the -north county and felt we should support the concept of such a community pool within the confines of the school system. It was suggested that a letter be written to the School Board asking that they consider making such 'a pool part of one of their school complexes in their long range planning and also consider making it available to -the public at certain hours. Commissioner Bird stated that with the Board's permission, he would write such a letter. The Board had no objections. 64 Ift D. Wabasso Beach Park Commissioner Bird next reported that we have an.erosion problem at Wabasso Beach Park from the dune area back to SR AlA, which causes washouts and gullies, and these -are a constant maintenance nuisance. Parks Superintendent Bill Cook and Mr. Van Auken, Superintendent of the Public Works Department; came up with a plan to pave just the entrance road to the park and the roads into the parking -area. These would be paved with an inverted crown, which would serve as drainage into the.swales-on the east side of AlA. Road & Bridges can do the work, and it would amount to about $1,500 for the actual asphalt. Staff feels that this amount would more than balance out the time and manpower we are wasting now repairing the ruts and washouts The Parks budget is too small this year to contribute anything to the project, and Superintendent Cook said the situation was so bad that Mr. Van Auken was sending men over today to do some work. Commissioner Bird asked if the Administrator possibly could work something out to resolve this problem, and Adminstrator Wright stated that he would take care of it. E. Community Building Rockridge and Woman's Club Building in Roseland Commissioner Bird noted that we recently entered into a formal agreement regarding use of the Community Building in Rockridge, and the committee now is recommending to the Board that we should also formalize our arrangements with the Roseland's Women's Club with a similar agreement. Right now we are maintaining the building and grounds, and it was felt the lease would specify where the County's responsibil- ities start and stop and also spell out the responsibilities of the Women's Club. It was agreed it would be to everyone's benefit to spell out these responsibilities. 65 FEB' 2 2. 1984 eoox 56 FAcE2e5 II FEB 22 1984 Boa 56 PACE 265 ON -MOTION by Commissioner Bird, SECONDED by Commissioner Bowman, the Board unanimously authorized the holding of discussions with the Roseland's Women's Club in the hope of working out a more formal written arrangement in regard to their use of the County building. 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. 90454 - 90602 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 of 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 12:10 o'clock P.M. Attest: ' e Clerk 66