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HomeMy WebLinkAbout6/20/1984Wednesday, June 20, 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, June 20, 1984, at 9:00 o'clock A.M. Present - were Don C. Scurlock, Jr., Chairman; Patrick B. Lyons, Vice Chairman; William C. Wodtke, Jr., and Richard N. Bird. Commissioner Margaret C. Bowman was absent due to illness. Also present were Michael J. Wright, County Administrator; Gary Brandenburg, Attorney to the Board of County Commissioners; L. S. "Tommy" Thomas, Intergovernmental Relations Director; Jeffrey K. Barton, OMB Director; and Barbara Bonnah, Deputy Clerk. The Chairman called the meeting to order. Reverend Fred McClellan, First Presbyterian Church, gave the invocation, and Commissioner Wodtke led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA Chairman Scurlock requested the addition to today's Agenda of a Proclamation in honor of Bamma Lawson's 102nd birthday. Administrator Wright requested the addition to today's Agenda of a brief discussion re a change order on the 16th Street bike path, which was brought to his attention Monday. - Attorney Brandenburg requested the addition to today's Agenda of a discussion re a contract with West Utilities, Inc., which is necessary prior to the actual signing of the contracts for the SR -60 waterline. JUN 2 0 1984 aooK 57 F,�IIE 462 j I JUN 2 0 1984 BOOK '57 F�,GE 463 ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously (4-0, Commissioner Bowman being absent) added the above items to today's Agenda. CLERK TO THE BOARD A. New Application for Permit to Carry a Concealed Firearm The Board reviewed the following memo dated 6/12/84: TO: The Honorable Members of DATE: June 12, 1984 FILE: the Board of County Commissioners SUBJECT: PISTOL PERMITS.- NEW FROM: Michael Wright REFERENCES: County Administrator The following individuals have applied for new pistol permits through the Clerk's office: Donald R. Hunter Elizabeth M. Hunter Pearl Elizabeth Dean .All requirements of Ordinance 82-27 have been met and are in order. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously (4-0) granted the issuance of a permit to carry a concealed firearm for the following persons: Donald R. Hunter Elizabeth M. Hunter Pearl Elizabeth Dean 2 B. Reapplication for Permit to Carry a Concealed Firearm _ The Board reviewed the following memo dated 6/6/84: TO: The Honorable Members of DATE: June 6, 1984 FILE: the Board of County Commissioners SUBJECT: PISTOL PERMIT - NEW FROM: Michael Wright REFERENCES: County Administrator The following named person is U;.�p`ly�ng for a new pistol permit: Edward Lee Ayers All requirements of Ordinance 82-27 have been met and are in order. Commissioner Lyons thought that the Commission had indicated in the meeting of May 2, 1984 that a reapplication would not be accepted until after six months. Administrator Wright, however, noted that the Minutes of that meeting show that the Motion stated that the applicant could reapply "within" six months. A Motion was made by Commissioner Wodtke to approve the reapplication for a permit to carry a concealed firearm to Edward Lee Ayers. The Motion died for lack of a Second. Attorney Brandenburg advised that without an affirmative Motion to grant the permit, the applicant would not receive it. CONSENT AGENDA Commissioner Wodtke requested that Items F. H, and I be removed from the Consent Agenda at this time. 3 JUN 20 �V4 BooK 57 PAGE 464 JUN 2 0 1994 BooK 57 PnUE 465 A. Reports Received and placed on file in the Office of the Clerk: Traffic Violation Bureau - Special Trust Fund May, 1984 -- $32,128.76 Traffic Violations by Name - May, 1984 B. Budget Amendment - Traffic Engineering The Board reviewed the following memo dated 6/7/84: TO: Board of County Commissioners DATE: June 7, 1984 FILE: SUBJECT: Traffic Engineering -a: FROM: Jeffrey K. Barton, REFERENCES: OMB Director The following budget amendment is to record the revenue and expense of traffic signs for developers. , Account Title Account No. Increase Decrease Reimbursements -Traffic Signs 004-000-369-42.00 1,000 Traffic Sign/signals 004-246-541-35.36 1,000 ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously (4-0) approved the above budget amendment, as recommended by OMB Director Jeff Barton. 61 C. Budget Amendment - Traffic Engineering The Board reviewed the following memo dated 6/7/84: TO: Board of County Commissioners w FROM: Jeffrey K. Barton, OMB Director DATE: June 7, 1984 FILE: SUBJECT: Traffic Eegineering REFERENCES: The following budget amendment is to record the revenue and expense of traffic signal maintenance due to an accident .10/15/83 at Oslo Road & Kings Highway. Account Title 'Account'No. "',-Increase* Decrease Ins. proceeds/ furn-equip 004-000-364-42.00 1,735 Maint.- Traffic Signals 004245-541-34.67 1,735 ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously (4-0) approved the above budget amendment, as recommended by OMB Director Jeff Barton. D. IRC Bid #203, Aluminum Blanks (Street & Road Signs) The Board reviewed the following memo datPH A/R/R4: TO: Board of County Commissioners DATE: June 8, 1984 FILE: THRU: Michael Wright SUBJECT: IRC Bid 0203 -Aluminum Blanks County Administrator (Street & Road Signs) FROM: REFERENCES: Carolyn, -Goodrich, Manager _ Purchasing Department 1. Description and Conditions Bids were received June 5, 1984 at 11:'00 A.M. for IRC Bid #203- Aluminum Sign Blanks for the Traffic Engineering Department. 10 Bid Proposals were sent out. Of the 6 Bids received, 2 were "No Bids." 5 JUN 2 0 1984 BOOK 57 PAGE % JUN 2 0 1984 BOOK 5.7' FA -UE 467 2. Alternatives and Analysis This is an annual bid effective July 1, 1984 - June 30, 1985 and the County reserves the right to order any quantity of any item throughout a the year. y The overall low bidder is Vulcan Sign & Stampings, Foley, Al. Vulcan Signs has the current bid and delivery service has been good. 3. Recommendation and Funding It is recommended that IRC Bid #203 be awarded to Vulcan Sign & Stampings. There was $12,000 budgeted in Account #004-245-541-35-36. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously (4-0) awarded Annual IRC Bid #203 to the low bidder, Vulcan Sign & Stampings, for aluminum sign blanks for street and road signs, as listed in the bid tabulation. BOARD OF COUNTY COMMISSIONERS 1840 25th Street Vero Beach, Florida 32960 BID TABULATIONaro 141 v v c c ^B `em �y Q. �h ,: y -41^ k^ a t`m F. vQ 4 pe4R; Jr BID NO. IRC BID #203 DATE OF OPENINGo June 5, 1984 BID TITLE ALUMINUM BLANKS (Street & Rd'Sign ITEM NO. DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE I 1. 30" Octagon (Stop Sign) Each NB le 8 64 9 35 10 77 9 70 2. 36" x 36" x 36" Triangle Each 7 60 6 80 7 83 7 10 _ 3. 30" Pentagon' School Each8 go10 858 20 9 14 4. 18" Diamond Each 3 80 3 75 4 32 3 93 5. 30" Diamond Each 10.56 10 45 12 03 10 93 6. 36" Diamond Each 1 15120 15 00 17 28 15 75 7. 12"'x 18" Each 2 53 2 50 2 88 2 62 8. 18" x 24" Each 5 07 �5 00 5 76 5 25 9. 12" x 36" Each 5 5 00 5 76 5 5- 10. 21" x 15" Each 3 69 3 65 4 20 3 83 11. 24" x 24" Each 6.75 6 70 7 71 7 00 12. 24" x 30" Each 8144 8 35 9 61 8 75 13. 18" x 6" Each 1126 1 25 1 44 1 31 14. 24" x 6" Each 1169 1 70 1 96 1 75 15. 30" x 6" Each 2 11 2 10 2 42 2 18 _ 16. 24" x 8" Each 2 24 2.25 2 60 2 34 _ 17. 30" x 8" Each2 80 2 80 22 2 92 18. Delivery Time in Days Da s After receipt of P.O. 2 14- 30-'5 30 45 3 - A E. Budget Amendment - County Attorney The Board reviewed the following memo dated 6/12/84: TO: The Honorable Board of County DATE: June 12, 1984 FILE: Commissioners FROM: Gary Brandenburg County Attorney SUBJECT: County Attorney's Department REFERENCES: The following budget amendment is to correctly allocate the salaries and benefits for the addition of an Assistant County Attorney and a Legal Secretary 11: Account Title Regular Salaries Social Security Retirement Ins.-Life/Health Work. Compensation Reserve for Contingency Balance in Reserve 6/7/84 $235,740. JUN -2 0 1984 Increase Decrease 001-102-514-•11.12 8,750 001-102-514••1.?..11 613 001-102-514-12.12 957 001-102-514.12.13 761 001-102-514-12.14 44 001-199-513-99.91 11,125 ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously (4-0) approved the above budget amendment, as requested by the County Attorney. 7 BOOK 57 PnE468 JUN 2 0 1984 BOOK .57 PACE 469 G. Request for Extension of Preliminary Plat Approval for Laurel Court Subdivision The Board reviewed the following memo dated 6/11/84: TO: The Honorable Members DATE: June 11, 1984 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: EXTENSION OF PRELIMINARY PLAT APPROVAL FOR LAUREL _ SUBJECT: COURT SUBDIVISION Robert M. Keatihg, oftCP Planning & Development Director FROM: Clare z. Poupard tj� REFERENCES: Laurel Crt. Staff Planner DIS:CLARE It is requested that the following information be given formal consideration by the Board of County .Commissioners at their regular meeting on June 20, 1984. DESCRIPTION AND CONDITIONS: Laurel Court is a,,± 9.8 acre, 31 lot subdivision located between 12th and 14th Streets, east of 42nd Avenue. The property is zoned R-1, Single Family Residential (6.2 dwelling units/acre) and has a LD -2, low-density residential+(6 dwelling units/acre) land use designation. The proposed building density is 3.16 dwelling units/acre. The applicant received preliminary plat approval on January 19, 1983. Thus, preliminary plat approval would have expired on June 19, 1984, if the applicant had not submitted a plat extension request prior to this time. ALTERNATIVES AND ANALYSIS: The applicant has submitted a request for an 18 month extension of preliminary plat approval. According to the County's Subdivision Ordinance 75-3 (the ordinance under which this preliminary plat was approved), "The following limitations and conditions are placed on the preliminary plat approvals given by the Board: (1) The approval of the Board shall have full force and effect for a period of 18 months from the date of approval. An extension may be granted by the Board." Historically, the Board of County Commissioners has granted one, 18 month, extension of plat approval to any applicant who requests it. RECOMMENDATION: Staff recommends that the Board of County Commissioners grant an 18 month extension of preliminary plat approval to Laurel Court Subdivision. 8 ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously (4-0) granted an 18 -month extension of preliminary plat approval to Laurel Court Sub- division, as recommended by staff. F. Request for Final Plat Approval of Forest Lake Unit 2 Subdivision The Board reviewed the following memo dated 6/11/84: TO: The Honorable Members DATE: June 11, 1984 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: SUBJECT: Robert M. Keatingj7AICP Planning & Development Director FINAL PLAT APPROVAL OF FOREST LAKE UNIT 2 SUBDI- VISION FROM: Clare Z. PoupardREFERENCE rest Lake Staff Planner DIS:CLARE It is requested that the following information be given formal consideration by the Board.- of County Commissioners at their regular meeting on June 20, 1984. DESCRIPTION AND CONDITIONS: Forest Lake Unit.2 subdivision is located on the south side of 1st Street S.W., we -at of 43rd Avenue. It is westward of, and adjacent to, the existing Forest Lake Subdivision. The proposed development has eight lots on ±6 acres. The land is zoned R-1, Single Family Residential (6.2 dwelling 4units /acre) and has a LD -1 (3 dwelling units/acre) land use designation_. The proposed building density is 1.3 dwelling units/acre. ALTERNATIVES AND ANALYSIS: The Public Works Director has made a field inspection and found all on-site improvements to have been constructed according to County regulations. The face of the plat has been approved for legal sufficiency by the County Attorney's office. The lots within the subdivision conform to the County's Zoning Code and the approved preliminary plat. Thus, all requirements concern- ing final plat approval have been addressed by the applicant. RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final plat approval to Forest Lake Unit 2 Subdivision. E JUN 2 0 1984 B3OK , 5 Phar 470 JUN 2 0 7984 BOOK 57 PAGE 471 1 Attorney Brandenburg explained that there is a maintenance easement around the lake that has been left out of the dedicatory language on the plat. With that modification, the plat is in fine order and he recommended approval. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously (4-0) granted final plat approval to Forest Lake Unit 2 Subdivision; with the modification in the dedicatory language, as stated by the County Attorney. H. & I. Request for Final Payment and Change Order, Tracking Station Park The Board reviewed the following memo dated 6/18/84: TO: The Honorable Members of DATE: June 18, 1984 FILE: the Board of County Commissioners THROUGH: Michael Wright, County Administrator FROM: V. -L. Griffith, Jr. County Engineer SUBJECT: Request for Final Payment and Approval of Change Order No. 8102 - VI -2 Tracking Station Park - Third Dune Walkover - James P. War Contractor P.E. REFERENCES: DESCRIPTION OF CONDITIONS On May 16, 1984, the County entered into a contract with James P. Warr for installation of the Third Walkover at the Tracking Station Park in the amount of $17,000. The Notice -to -Proceed was issued for work to begin on May 30, 1984 and be completed in 30 days. At this time, the work has not been completed but it is estimated that it will be completed prior to June 26, 1984. ANALYSIS AND ALTERNATIVES The permit issued by the Department of Environmental Regulations (D.E.R.) was modified by them to meet with their requirements. -In the interest of meeting a June 30, 1984 grant deadline, we had advertized for bids using our original plans. A Change Order was prepared to increase the length of the walkover to comply with DER requirements and is attached for approval. 10 The contractor will be required to comply with all terms of the contract prior to release of payment. RECOMMENDATIONS AND FUNDING Since this is the final scheduled meeting of the Board prior to June 30, 1984 which is the deadline for all documents related to this grant to be in Tallahassee, the following is recommended: 1) Approve authorization for the Chairman of the Board of County Commissioners to sign Change Order No. 8102 -VI - 2 in the amount of $2,691.15. 2) Accept project as completed upon inspection and approval of same by Tommy Thomas and Jim Davis. All warranty periods will begin on that date. 3) Approve final payment in the amount of $19,691.15 to be held until project is complete as per No. 2 above. 4) Authorize Jim Davis to accept contractor's affidavit. Funding to be from Account #102-210-572-66.39 Tracking Station Park Construction account. County Engineer, V. G. Griffith, stated that the con- tractor, James P. Warr, is requesting that the Commission approve final payment in the amount of $19,691.15 with the provision that payment will be held until such time as the project is completed, which is expected to be the 26th of this month. He noted there is a June 30th deadline to get all the paperwork to Tallahassee in order to obtain grant money. Administrator Wright explained that the DER required that the length of the walkover to be increased by 16 feet, which resulted in an additional cost of $2,691. The original length was 104 feet. He asked the Board to approve the additional cost as part of the change order. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously (4-0) approved Change Order No. 8102 -VI -2 in the amount of $2,691.15 for a 16 ft. extension of the third crossover in the Tracking Station Park; with the funding to come from grant 11 JUN 194 eoo 4 7^E BOOK 57 PAGE 473 money, and authorized final payment of $19,691.15 to contractor, James P. Warr; subject to completion of the project and acceptance by the County Engineer. CHANGE11,111bull.)n to ORDER AJA L)0(-UAJ[NI 6,701 L Engineer Engineer CONIRACTOR I11LD ()11UR u ❑ ❑ Fl L7 CHANGL ORJ)EK NUMBER. 8102 -VI -2 PRVIECT: DPW #8102 (name, addres>) Indian River County Tracking Station TO (Contractor): James P. Warr General Contractor P.O. Box 1731 L Vero Beach, Florida 32961-1731 INITIATION DATE: June 15, 1984 ENGINEER PROJECT NO: 8102 CONTRACT FOR: Oune Walkover CONTRACT DATE: May 16, 1984 You are directed to make the following changes in this Contract: 1. Extend the Dune Walkover an additional sixteen (16) feet in the landward direction. Cost $ 2,691.15 Not valid until signed by both the Owner and Engineer .signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time. The original (Contract Sum) (Guaranteed Maximum Cost) was ............................ S 17,000.00 Net change by previously authorized Change Orders ................................... S The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change Order was .......... S The (Contract Sum) (Guaranteed Maximum Cost) will be (increased) (decreased) (unchanged') S 2691.15 by this Change Order .............................................. The new (Contract Sum) (Guaranteed Maximum Cost) including this Change Order .will be ... 3 19,691 .15 ( 0 )Days. The Contract Time will be (increased) (decreased) (unchanged) by The Date of Substantial Completion as of the date of this Change Order therefore is Authorized: Vibert Griffith, Jr., P.E. James P. Warr Indian River cntTniv h Street 1(,�T`�:` TOR 1731 IM'25th Street Address Addr"% Addie» r ~ Vero Beach, Florida 32960 Vero Beach, Florida 32961-1731 Vero B uATt GLLS�— I�AII (020 � -- AIA DOCUMENT G'O1 (tiA,*,(A t,Kt)1K ' �''^'� 1''74 IU''I()t' . AI -,^ " G701-1478 TME AMERICAN INSIITUIt Ut AKLMUL15, 173 Ntw �iit�. ♦\t . N N 01 12 � � r PROCLAMATION - HONORING VOLUNTEERS IN MOCK DISASTER _ Chairman Scurlock read aloud the following proclamation and presented it to Steve Wells, Director of Emergency Management, who accepted it on behalf of all the volunteers who joined together to simulate an emergency response to a mock disaster. 13 JUN 2 0 1984 BOOK 57 mCE 7 r JUN 20 1964 P R O C L A M A T I O N BOOK 57 PACE 475 WHEREAS, on March 6, 1984, more than 100 Indian River County officials and volunteers joined together with forces from neighboring counties to simulate an emergency response to a real life drama that none of them ever desire to become a reality ---a major accident at the St. Lucie County Florida Power and Light nuclear power plant; and WHEREAS, under the coordination of the Indian River County Department of Emergency Management, headed by Director Steven Wells, this County's volunteers and personnel performed dynamically and with precision in the many roles required of them to serve as a "host" County, monitoring those evacuating from neighboring "risk" counties; and WHEREAS, the Federal Emergency Management Agency sanctioned the exercise and.provided an overall performance --- evaluation, the results of which showed Indian River County's organization to have no deficiencies, very few areas for improvement and predominately superior items noted; and WHEREAS, the health, safety, and welfare of every citizen in the County is very much dependent upon the County's network of emergency management officials and volunteers in a time of disaster or civil emergency; and WHEREAS, all those who participated in the exercise, from the Red Cross and medical establishment to CB radio operators and retired persons, are deserving of acknowledgment and commendation for their awareness and skilled reactions, and especially for the courage to take on a most serious responsib- ility for the benefit of this County. NOW THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that all those who joined together in this County's Emergency Management response effort to fend against this mock disaster, and who must continuously stand ready in the event of a real disaster, be commended for their preparation and performance. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By � G ,,1eze.&ZA DON C. SCUR OCK, JR. Chairman , . , , . Attest: Freda Wright Clerk of Circuit Court 14 PROCLAMATION - PHYSICAL THERAPY WEEK _ Chairman Scurlock read aloud the following proclamation and presented it to David Nelson, Administrator of the Sunshine Physical Therapy Clinic, and Ron Wilson, Director of Physical Therapy at Indian River Memorial Hospital, who thanked the Commission for designating the week of June 17-23 as Physical Therapy Week. 15 JUN 20 1984 BOOK 7 PAGE A 76 Fr - JUN 2 0 1984 P R O C L A M A T I O N BOCK 57 rt. -1;!,-: 47 WHEREAS, the American Physical Therapy Association is observing a NATIONAL PHYSICAL THERAPY WEEK entitled "Physical Therapy: In Touch With You"; and WHEREAS, in observation of this week is calling special attention to the contribution of physical therapy toward improving the quality of life for disabled and ill Americans; and WHEREAS, the goals of the American Physical Therapy Association of Indian River County are to achieve better lives for our disabled citizens and to promote preventive measures to keep healthy citizens whole through improvement of education, practice and research, and to serve its members through identification, communication and fellowship; and - WHEREAS, the American Physical Therapy Association of Indian River County plays an integral role in continued efforts to assist disabled citizens and holds steadfastly to its commitment to secure better health for all our citizens; NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the week of June 17-23, 1984 be designated as PHYSICAL THERAPY WEEK in Indian River County, and urge all public officials and private citizens to join with the physical therapy profession to secure better health care for all our citizens. , ATTEST: t Freda WWr g , Clork 16 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA jmwt Don C. Scurlock, Jr., hairman �l M PROCLAMATION - BAMMA LAWSON'S 102nd BIRTHDAY Chairman Scurlock read aloud the following proclamation and announced that it would be hand delivered to Bamma Lawson in Sebastian on her 102nd birthday. 17 'L- JUN 20 1984 BOOK 5 7 FACE 478 JUN 20 1984 P R O C L A M A T I O N BOOK 57 Fnx.419 7 WHEREAS, June 22, 1984 will mark the 102nd birthday of MRS. BAMMA LAWSON; and WHEREAS, MRS. BAMMA LAWSON moved from Hahira, Georgia in 1906 to the City of Sebastian; and WHEREAS, MRS. BAMMA LAWSON has devoted her life to the enrichment of the Sebastian community; and WHEREAS, MRS. BAMMA LAWSON began the first open library in Sebastian, making her home and books available to the local children; and WHEREAS, it is deemed fitting for the Board of County Commissioners to recognize MRS. BAMMA LAWSON's birthday and honor her on this 102nd year of her life, NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, this 20th day of June, 1984, that MRS. BAMMA LAWSON is extended sincere wishes for a Happy 102nd birthday, and many happy returns. ATTEST: ��� 'CCL L Freda Wright, Cllr BOARD OF COUNTY COMMISSIONERS Don C. Scurlock, Jr., Ch man 18 PUBLIC HEARING - MCDOUGALD REQUEST TO REDESIGNATE 17.54 . ACRES FROM LOW-DENSITY RESIDENTIAL 2 TO COMMERCIAL The hour of 9:15 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 NOTICE — PUBLIC NG 3� TOCONSID RADOPTIONOFEACOUNTV ORDINANCE AMENDING THE LAND USE ,_° Vero Beach, Indian River Count Florida %f� ELEMENT OF THE COMPREHENSIVE PLAN:' Notice of hearing to consider than of e County Ordinance amending the Lend Use Ele the Comprehensive COUNTY OF INDIAN RIVER: STATE OF FLORIDA ment of Plan by redesignate. Ing land from: _ t LD "Low Dent' Before -2, Resldendal 2 (up to 6J 8 unite/acre) to "Commercial:' The c the undersigned authority g y 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 sub ffact property pr�nUy owned by Roland f;, McDougald, itis Elbert at Vero Beach 'n Indian River County, Florida; that the attached copy of advertisement, being .Clyde , aW, McDougald and lingua =veld Is lo- sated Ea of 8th Avenue,' 41 .W. and SouthStreet, S.W. (Oslo Road).s a of Oth a - subject stop T71 Is described as E PARCEL "A. -- E NORTH 860 FEET a OF THE 'NORTHWEST '/A "OF THE ' NORTHEA$T'N OF SECTION 26; TO the matter of SHIP 33 SOUTH, RANGE 39 EAST• SAID ­�l LYING AND ,BEING IN `,INDIAN LRIVER, COUNTY, '•;FLORIDA : LESS' RIGHTS-OF-WAY OF ReCORD; LYING' WEST OF THE WEST :RIGHT-OF-WAY OF LATERAL "J" CANAL: SAID PARCEL in the CONTAINING 8.18 NET ACRES. - .i; PARCEL'S'.' — THE NORTH 880 FEET %" Court, was pub- OF`THE,NORTHWEST '1. OF SECTION _„ / lished in said newspaper in the issues of C/ GL ! � 25; TOWNSHIP 33 SOUTH. RANGE 39 EAST INDIAN RIVER COUNTY, FLOR ID/1.'_ .LESS RIGHTS -0F -WAY OF S,k 6f ; 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 subscri%d beYre meAis day of A.D. 19 (SEAL) �J� lV�f.J6-• (Clerk of the Circuit Cou iness Manager) ndian River County, Florida) 19 - win, n0nr ING 11.38 NET ACRES A public eating at which �perties in Interest and bifizena shall have an opportunity to be heard; will be held by.the Board of County Com- missloners of Indian River- County, Florida, in the County Commission Chambers of the County Administration building, located at 1840 25th Street, Vero Beach, Florida, on June 20,1984, at 19;15 A.M. y ...'i , If any person decides to appeal any decision r -made- on the above matter, he/she will need a "record of the proceedings, and for such put „;poses, he/she may need to ensure that a verba- " tim record of the proceedings Is made, which In- cludes testimony and evidence upon which the appeal Is based. Iridian River County .Board Of County Commissioners V. By: -s -Don C. Scurlock Jr. Chairman May 31, June 12,1884. JUN 2 0 1984 BOOP( 57 PAGE 480 JUN 2 0 1994 BOOK 57 pnE 4.8 The Board read the following memo dated 5/25/84: 10: =---s-- � . DATE: - FILE: The Honorable Members May 25, 1984 of the Board of County Commissioners McDOUGALD REQUEST TO REDESIGNATE 17.54 ACRES DIVISION HEAD CONCURRENCE: FROM LD -2, L017 -DENSITY SUBJECT: RESIDENTIAL 2, TO A. COMMERCIAL Robert M. Keat ng ICP Planning & Development Director FROM:is Richard Shearer, AICPREFERENCES' Hardee CPA Chief, Long -Range Planning RJCH It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of June 20,'1984. DESCRIPTION & CONDITIONS The applicant, Wellford Hardee, an agent for Ronald, Clyde, Elbert and Angus McDougald, is requesting to amend the Comprehensive Plan by xedesignating 17.54 acres located on the south side of Oslo Road and both sides of the lateral J Canal from LD -2, Low -Density Residential 2 (up to 6 units/acre), to Commercial. The owners propose to develop this property for a funeral home. On May 10, 1984, the Planning and Zoning Commission voted 3 -to -1 to recommend approval of this request. The Commission stated that they did not feel that this property should be included in a node or in an MXD area.but there were special conditions that warranted changing the land use designation to commercial. ALTERNATIVES & ANALYSIS In this section, an analysis of the reasonableness of the . application will be presented. The analysis will include a description of the current and future land uses of the site and surrounding areas, pott,,.�nfial iwpacts on the transportation and utility systems, and any significant adverse impacts on environmental quality. 20 Existing Land Use Pattern The subject property contains two, single-family residences, a church, a grocery store, some vacant buildings and vacant land, and is zoned C-1, Commercial District. North of the subject property, across Oslo Road, is the Timber Ridge Tennis Club, under development, which is zoned C-1 and R -2D, Multiple -Family District. East of the tennis club are vacant land and single-family residences in an R-1, Single -Family District. East of the subject property -are the Knights of Columbus, a single-family residence, Father and Son Appliances, a vacant parcel of land, and two single-family residences in a C-1 district. South of the subject property is undeveloped land in an R-1 district. West of the subject property are single-family residences and undeveloped land. Future Land Use Pattern The Comprehensive Plan designates the subject property and all of the land northeast, east, south, and west of it as LD -2, Low -Density Residential 2 (up to 6'units/acre). Northwest of the subject property is the easternmost part of the eastern area of the Oslo Road MXD, Mixed Use District (up to 6. units/acre). The Land Use Element of the Comprehensive Plan discourages strip commercial development along arterial streets such as Oslo Road, but encourages compact commercial development in identified commercial nodes. The 80 acre U.S.1 and Oslo Road commercial node is less than one-half mile east of the subject property. Northwest of the subject property, extending one and one-quarter miles to the west,. is the east area of the Oslo Road MXD. This area is zoned C-1 and M-1, Restricted Industrial District. The M-1 zoned area contains heavy commercial uses. West of this MXD'area is some vacant land zoned C -land there are commercial uses at 27th Avenue. West of 27th Avenue, approximately 1,000 feet, is the west area of the Oslo Road MXD which extends more than three-quarters of a mile west to 43rd Avenue and is zoned C-1 and C -2r Heavy Commercial District. Within these MXD areas and in the Oslo Road/U.S.1 commercial node, there should be enough commercial land to serve this a`cea of the County. Based on the location of the commercial node at U.S, 1 and Oslo Road and the commercial opportunities within the MXD areas, redesignating the subject property Commercial would encourage further strip commercial development along Oslo Road. If this trend is unchecked, all of the land fronting on Oslo Road from east of U.S. 1 westward to 43rd -Avenue (a distance of three and one-half miles) could be designated as commercial or MXD and zoned commercial. Transportation System The subject property has direct access to Oslo Road (classified as an arterial street on the Thoroughfare Plan). Commercial development of the subject property could attract up to 5,788' average annual daily trips (AADT). Residential development of the subject property would generate 735 AADT. Currently, Oslo Road carries 6,000 AADT at level -of -service B. The additional 5,788 AADT would lower the level -of -service to D. Environment The subject property is not designated as environmentally sensitive nor is it in a flood -prone area. 21 194 pp JUN 2 O BOOK 57 vrE 482 � J JUN 2 0 1994 Boox 57 FATE 483 Utilities County water is available but County wastewater facilities are not available for the subject property. RECOMMENDATION The Planning and Zoning Commission recommended approval of this request for the reason stated in the Description and Conditions section of this memorandum. While the Planning staff respects the Planning and Zoning Commission's opinion, staff recommends denial of this request because it is contrary to the Comprehensive Plan policies discouraging strip commercial development. Robert Keating, Director of Planning & Development, presented staff's recommendation for denial of this request for redesignation as it is contrary to the Comprehensive Plan policies discouraging strip commercial development. He showed an aerial view of the subject property and surrounding area, which is presently zoned Commercial. The owners propose to develop this property for a funeral home. Director Keating emphasized that if this property was developed into commercial use, it would generate over 5700 average annual daily trips, as opposed to 700 for residential use. Wellford Hardee, agent for owners Ronald, Clyde, Elbert and Angus McDougald, pointed out that he has been a local realtor since 1960 and feels he is knowledgeable about Vero Beach and Indian River County. Mr. Hardee distributed maps of the area with color photographs of various structures attached and pointed out the many commercial uses in the area at present. He believed that the commercial aspect of Oslo Road has much improved over the years through the construction of nurseries, garages, trade establishments, _ and one small shopping center and he emphasized that.the McDougald property has been zoned commercial for many years. 22 - M He further noted that Oslo Road is designated as an arterial road in the County Thoroughfare Plan and stated that he, personally, would not like to rear his family in this area, which is next to a highway that is traveled by 6,000 vehicles a day. Ronald McDougald, who w4s born and raised on the subject property, confirmed that Oslo Road was a very busy highway. He noted that his family has had a commercial operation in this area since 1946, and he could not understand why this property did not get "grandfathered" in like the place across the street, Timber Ridge Tennis Ranch. Mr. McDougald also pointed out that the Planning and Zoning Commission had voted 3-1 to recommend approval of the redesignation because of special conditions that warranted the change. Bill Stegkemper, experienced realtor and property appraiser in Indian River County, spoke as an expert witness on behalf of the property owners, citing the case of the Marcella Villa tract on 20th Street in Vero Beach across from St. Helen's Catholic Church, wherein the City denied the owner's request for rezoning from R-1 Residential to R-2 so that it could be used for offices, but after a long court procedure, the Fourth Circuit Court of Appeals ruled that the City had to rezone the property to R-2. Mr. Stegkemper also referred to the recent decision by this Commission to include the Fleischmann property in the U.S. #1 and Oslo Road commercial node, and emphasized that the Comprehensive Land Use Plan states that "certain parcels of land which do not conform to the policies for nodal development, but which can be demonstrated to be suitable for commercial or industrial development and otherwise meet standards described in this element, may receive consideration by the Board of County Commissioners for commercial or industrial zoning classification." He pointed out the extensive 23 �y o JUN 20 1984 BOOK 57 PAGE 484 JUN 2 0 1984 BOOK '7 PAGE 485 commercial activity west of the subject property, and also noted that Oslo Road is an arterial roadway. Mr. Stegkemper stressed that this is a commercial area and urged the Board to consider this matter very carefully. Chairman Scurlock opened the Public,Hearing and asked if anyone wished to be heard in this matter. Bob Schlitt, representing the Knights of Columbus, whose meeting hall is located on Oslo Road, stated they have no objection to this change. Mr. Hardee then quoted the following from a letter dated March 6, 1984, written to the McDougalds by Larry Burkhart, Chief, Code Enforcement: "Pursuant to our conversation of last week, this confirms that if a parcel is zoned commercial and planned for residential use in the Comprehensive Plan, the land must then be zoned to an appropriate residential district before a building permit can be issued. Should a residence exist on the property and become destroyed, it could not be rebuilt under the existing commercial zoning because the land is planned for residential use under the Comprehensive Plan as it exists today." Mr. Hardee also referred to a letter dated August 3, 1984 from Chief Planner Richard Shearer, which stated that commercial and industrial land uses are not allowed in LD -2 areas regardless of current zoning. Mr. Hardee felt that these two letters leave the McDougalds in an intolerable situation where the only thing they can do with their land is to pay taxes on it. According to the Property Appraiser's Office, their 1983 taxes of $2494 were compiled on a composite rate, the rear portion of the land being taxed at the residential rate and the Oslo Road frontage for a depth of 660 feet at the higher commercial rate. Mr. Hardee felt that if Indian River County is taxing _ . this property as commercial, they should allow it to be used for commercial. 24 ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously closed the Public Hearing. Commissioner Bird asked Attorney Brandenburg what the proper action would be if the Board agreed to allow this property to be used for commercial, and Attorney Brandenburg stated that it has to be determined not only that the property has some unique circumstances which make it unsuitable to include it within a node, but also that, because of those circumstances, it should be used for commercial purposes. It is a two-pronged determination. Commissioner Bird felt that the first premise would be fulfilled by its proximity to the other node at U.S. #1 and the second premise would be satisfied because even though it is not suitable for being designated as a node, there are special circumstances unique to this property and its location that make it suitable for commercial development. Chairman Scurlock pointed out that those were the same reasons that the Planning and Zoning Commission found for- recommending or recommending that the property be redesignated to commercial. Commissioner Bird felt that this Commission, the Planning & Zoning Commission, and staff are making a valiant effort to eliminate strip zoning, but they have inherited some situations that make it very difficult to draw the line. Director Keating believed that this property is a good location for R-2, multiple housing, as the tract is sufficiently large enough to provide a buffer from the road. 25 JUN 2 0 1994 L_ BOOK 7 F�„E486 JUN 2 0 1994 BOOK MOTION WAS MADE by Commissioner Wodtke, SECONDED by Commissioner Bird, that the Board accept the recommendation of the 57 PAvF 487 Planning & Zoning Commission and adopt Ordinance 84-36 providing for the redesignation of 17.54 acres owned by the McDougalds from LD -2, Low -Density Residential 2, to Commercial, due to the fact that the current uses are commercial; it is quite a distance away from a node; and it is the highest and best use of the property. Under discussion, Commissioner Lyons did not buy the argument that the area is not suitable for residential use, as there are many residences on streets that have heavier traffic than Oslo Road, and he did feel that R -2D would be a very satisfactory use, but had a problem in that the owner right across the street has the right to put in a 7.5 acre commercial development. Therefore, although he is dead set against continuing this strip zoning, he felt he could do nothing except vote for this redesignation today. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously (4-0). Director Keating advised Commissioner Bird that he did not think that staff would recommend the extension of the MXD District down the opposite side of Oslo Road. M M ORDINANCE NO. 84-36 WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to redesignate 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 Ca missioners of Indian River County, Florida, that the Land Use Element of the Comprehensive Plan of Indian River County, Florida, and the accompanying Land Use Map, be amended as follows: 1. That the Land Use Map be changed in order that the following described property situated in Indian River County, Florida, to -wit: PARCEL "A" - THE NORTH 660 FEET OF THE NOR HwEST 34, OF THE NORTHEAST 4 OF SECTION 25, TOWNSHIP 33 SOUTH, RANGE 39 EAST. SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, LESS RIGHTS -OF -MY OF RECORD, LYING WEST OF THE WEST RIGHT-OF-WAY OF LATMAL "J" CANAL. SAID PAWEL CONTAINING 6.16 NET ACRES. PARCEL "B" - THE NORTH 660 FEET OF THE N01MMST P4 OF THE NORTHEAST 4 OF SECTION 25, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, LESS RIGHTS-OF-WAY OF RECORD, LYING EAST OF rAmERAr. "J" CANAL, SAID ppm, CONTAINING 11.38 NET ACRES. Be changed from LD -2, Low -Density Residential 2, to Commercial. All with the meaning and intent and as set forth and described in said Land Use Element. Approved and adopted by the Board of County Cmmissioners of Indian River County, Florida on this 20th day of June, 1984. Ir �Z�• ••+ W-13 Acknowledgment by the Department of State of the State of Florida this 25th day of June , 1984. Effective Date: Acknowledgment from the Department of State received on this 29 day of June, 1984, at 11 A.M./P.M. and filed in the office of the Clerk of the Board of County Comassioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY. BOOK 57 PAIGE 488 JUN 2 0 1994 nox 57 PAOF489 PUBLIC HEARING - INDIAN RIVER CITRUS LEAGUE REQUEST TO REZONE 2.24 ACRES FROM MULTIPLE -DWELLING DISTRICT TO AGRICULTURAL DISTRICT 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 Beach- in Indian River County, Florida; that the attached copy of advertisement, being a in the matter in the Iished in said newspaper in the issues Court, was pub - Affiant further says that the said Vero teach 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 subscrihmd behbre m is day of A.D. 19 _ 7 • b �jusiness Manager) (Clerk of the Circu Cou hdian River County, Florida) (SEAL) 27 -NOTICE — PUBLIC HEARING Notice of hearing to consider the adoption of r County ordinance rezoning land from: R-3, "Multiple -Dwelling Districr' to A. "Agricultural District." The subject prop- of�(y- presenti owned by INDIAN RIVER CITRU3 LEAGUE Is located West of Greenbrier ..Subdivision, between 78th Avenue and 82nd Avenue South of S.R.; 80. The subject propg�y is described as:. . THE NORTH 830 FEET OF THE EAST 5 ACRES OF THE WEST 20 ACRES OF TRACT 11, SECTION 1, TOWNSHIP 33 SOUTH, RANGE 38 EAST, INDIAN' RIVER COUNTY,' FLORIDA, ACCORD- ING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS LAND COMPANY SUBDIVISION AS RE- CORDED IN PLAT BOOK 2, PAGE 25,.v PUBLIC RECORDS OF ST. LUCIE COUNTY; • FLORIDA, SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, LESS- RIGHTS -OF- - . WAY OF RECORD., SAID LAND CON TAINING 2.24 ACRE&: 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 Juna 4 1984, at 9:30 A.M.' If any person decides to appeal any decision made on the above matter. he/she will need a record of the proceedings, and for such pur- poses, he/she may need to ensure that a. verba- tim record of the proceedings is made, which In- cludes testimony and evident upon which the appeal is based. - Indian RiverCounty Board of County Commissioners By: -s -Don C Scurlock Jr " Chairman May 31, June 12 1934 The Board reviewed the following memo dated 5/14/84; TO: The Honorable Members of DATE: May 14, 1984 FILE: the Board of County Commissioners INDIAN RIVER CITRUS LEAGUE: REQUEST TO RE- ZONE 2.24 ACRES FROM DIVISION HEAD CONCURRENC% R-3, MULTIPLE -DWELLING UBJECT: DISTRICT, TO A, AGRI- CULTURAL DISTRICT Robert M. Keats g, VCP Planning & Development Director les FROM: Chief,dLong-RangeAPlannirICP �I FEREiVCES: CH P&Z It is requested that the data herein presented be given formal consideration by the Board bf County Commissioners at their - regular meeting of June 20, 1984. DESCRIPTION & CONDITIONS The applicant, the Indian River Citrus League, acting as agent for the five owners; is requesting to rezone approximately 2.24 acres located on the south side of State Road 60 and 100 feet west of 79th Avenue from R-3, Multiple -Dwelling District (up to 15 units/acre), to A, Agricultural District. The subject property is part of a 4.89 acre parcel of land. The remaining 2.65 acres of land are located south of the subject property and are already zoned Agricultural. The applicant intends to develop the property as a meeting hall and offices for the Citrus League. On May 10, 1984, the Planning and Zoning Commission voted 4 -to -0 to recommend approval of this request. ALTERNATIVES & ANALYSIS In this section, an analysis of the reasonableness of the application will be presented. The analysis will include a description of the current and future land uses of the site and surrounding areas, potential impacts on the transportation and utility systems, and any significant adverse impacts on environmental quality. Existing Land Use Pattern The subject property is currently vacant except for one single-family residence. East of the subject property is a strip of vacant land along S.R. 60 which is zoned R-3 and Greenbrier, a single-family subdivision, zoned R-1, Single -Family District (up to 6.2 units/acre). Further east is more vacant land and Tamara Gardens, a condominium development in an R -2D, Multiple -Family District (up to 6 units/acre). North of the subject property is Westgate, a single-family subdivision, and the Faith Baptist Church, both located in an R-1 zoning district. East of Westgate Subdivision is the Pinecreek condominium development under construction in an R -2D zoning district. West of the subject property is a horse farm. Further west are the First Banker's facilities. South of the subject property are citrus groves. 28 JUN 2 0 1984 BooK 57 FACE 490 JUN 20 1984 BOOK 57 FAGF.49 of the land around it as MD -1, Medium -Density Residential 1 (up to 8 units/acre). The Agricultural zoning district does conform to the MD -1 land use designation. Based on the agricultural uses west and south of the subject property and the Agricultural zoning of the property to the south;a rezoning to the Agricultural District would be reasonable. The proposed uses of the subject property, an agriculturally oriented office and meeting hall, are allowed as special exceptions in the Agricultural zoning district, provided that they do not adversely affect adjacent land. At the present time, the applicants could proceed with plans for their office and meeting hall on the part of.the parcel of land located__ south of the subject property which is already zoned Agricultural. Transportation System The subject property has direct access to State Road 60 (classified as an arterial street on the County's Thoroughfare Plan). The development of the subject property for an office and meeting hall should attract 21 average annual daily trips ' (AADT) . Environment The subject property is not designated as environmentally sensitive, nor is it in a flood=prone area. i7ti 1 i ti ca¢ County water and wastewater facilities are not available for the subject property. However; County water.facilities are expected to be available in one year. RECOMMENDATION Based on the above analysis, staff recommends approval. Planning & Development Director Robert Keating presented staff's recommendation for approval of this rezoning request which would allow the Citrus League to build an office building on the subject property. Director Keating explained that if sometime in the future the agricultural tenants move out, the office building could not be used for uses not related to citrus or agriculture. John Morrison, representing the Citrus League, stated he would be glad to respond to any questions, and confirmed that it is their intent to use the building for agricultural purposes. He assured the Commission that if there were 29 � � r other offices constructed, they also would be agriculturally oriented. Chairman Scurlock opened the Public Hearing and asked if anyone wished to be heard in this matter. There were none. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously (4-0) closed the Public Hearing. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously (4-0) adopted Ordinance 84-37, providing for the rezoning of 2.24 acres owned by the Indian River Citrus League from Multiple -Dwelling District to Agricultural, as outlined in the memo of May 14, 1984. 30 JUN 2 Q 198R0c5 5 7FA-H 492 :1 ,1 GC' f' ,(', C t'1 , BOOK 5 7 PA1E 4,93. r� } ORDINANCE NO. 84-37 Vff=AS, 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 630 feet of the East 5 acres of the West 20 acres of Tract 11, Section 1, Township 33 South, Range 38 East, Indian River County, Florida, according to the last general plat of lands of the Indian River Farms Land Company Subdivision as recorded in Platbook 2, Page 25 public records of St. Lucie County, Florida, said land now lying and being in Indian River County, Florida, less rights-of-way of record. Said land containing 2.24 acres. Be changed from R-3, Multiple -Dwelling District, to A, Agricultural 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 20th day of June, 1984. BOARD OF COUNTY CONUSSIONERS OF INDIAN RIVER COUNTY Acknowledgment by the Department of State of the State of Florida this 2 5th day of June , 1984. Effective Date: Acknowledgment from the Department of State received on this 29 day of June , 1984, at 1 lA.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. RECOMMENDATION FOR WATER MASTER PLAN _ The Board reviewed the following memo dated 5/17/84: TO: THE HONORABLE MEMBERS OF THE PATE: May 17, 1984 FILE: BOARD OF COUNTY COMMISSIONER 0 THROUGH: Michael Wright County Administrator SELECTION OF PROFESSIONAL SUBJECT: ENGINEERING SERVICES FOR EXPANDING & UPDATING OF COUNTY WATER SYSTEM MASTER PLAN FROM: Terrane. Pinto REFERENCES: Utility Services Director DESCRIPTION AND CONDITIONS: The Selection Committee was instructed to receive proposals, carry out interviews and make a recommendation for the selection of a consulting engineer to provide engineering services for expanding and updating the master plan for water service within the south County area, State Road 60 corridor, and the north County area. ALTERNATIVES AND ANALYSES: The Selection Committee comprised of: Terrance Pinto Jim Davis Gary Brandenburg Bob Keating Mike Galanis received nine proposals from consulting engineering firms and requested interviews from five. Those five were: , Boyle Engineering Dyer, Riddle, Mills & Precourt James M. Montgomery Lloyd & Associates Gee & Jenson The Committee analyzed the qualifications, experience, and Iricing methodology of the above firms. RECOMMENDATION: We recommend the Board authorize the Administrator and/or his designee to negotiate the cost of the proposed project starting with Boyle Engineering and if in fact a suitable fee cannot be reached, be authorized to negotiate with Dyer, Riddle, Mills & Precourt and proceed in same manner with James M. Montgomery if in fact agreement cannot be reached with the number two firm. 31 JUN 2 1 . ; a. BOOK 57 PAGE 494 JUN 2 0 1984 aoox 5 7 P,r P,E 495 Chairman Scurlock requested that in the future, staff provide the Commission with information on each of the three firms selected for negotiations, and Commissioner Wodtke suggested that a Commissioner sit in during the selection process. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bird, that the Board authorize the Administrator and/or his designee to negotiate the cost of the proposed project, starting with Boyle Engineering, and if in fact a suitable fee cannot be reached, authorize negotiations with Dyer, Riddle, Mills & Precourt and proceed in the same manner with James M. Montgomery if agreement cannot be reached with the #2 firm. Under discussion, Utilities Director Pinto explained that they had received five very good proposals and they were quite impressed with all five firms. The three firms selected for negotiations had better master plan abilities than the other two. The Boyle firm was chosen because of their expertise in water master planning and their mapping and in-house computer abilities. He explained that our project goes a little beyond the normal job because they will also analyze our existing system and give us information on any soft spots or pressure problems. He noted that they have modified the Kentucky Program to coincide with the experience they have had on projects similar to ours. Director Pinto explained that they would be considering a 15-20 year plan, and while the entire north county would be included in the stud those y, parts of the north county where it is'likely development will not take place for 32 twenty years or so into the future probably could be easily_ eliminated. Chairman Scurlock wanted to make sure that we talk to the municipalities, such as Sebastian and Indian River Shores, about water and Administrator Wright assured the Commission that we will be talking water, sewer and roads, and the County will exhaust every effort to make them aware and get them to participate. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously (4-0). CONSULTANT SERVICES FOR FLEET MANAGEMENT The Board reviewed the following memo dated 6/13/84: TO: County Commissioners DATE: ,Tune 13, 1984 FILE: FROM: Michael Wr jg�t County Ad finistrator IV SUBJECT: Consultant Services for Fleet Management REFERENCES: This is a request to investigate, and/or advertise for a consultant to do an in-depth study of our present Fleet Management operation with respect to facilities, operations, funding, record keeping, employment practices, and billing procedures. We would want advice as to the advisability of outside contracts as compared to our current in-house operations. Funding would come from those departments using these services P.s shown on the attached sheet. 33 JUN 2 0 1984 BOOK 57 PPGE496 BOOK 57 Pm -H49,7 , r- JUN 2 0 1994 Administrator Wright stated that basically what he is recommending is for someone to come in and give us an outside appraisal on what we need to do with Fleet Management to get it on a sound operating basis, as it is currently running at a deficit. A consultant can also give us an idea of how our operations compare to local private and public operations. Chairman Scurlock felt that something should be done very quickly because participating constitutional officers are actually paying more for car maintenance than they would if they went to a privately -owned gas station. Administrator Wright explained that the scope of services would cover total operations, charges, staffing, manpower, and the feasibility of farming out services. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Wodtke, that the Board accept the County Administrator's recommendation to advertise for a consultant to do an in-depth study of the operation of Fleet Management, at an amount not to exceed $10,000, and to come back to the Board; with funding to come from the users. Commissioner Lyons wished to see an allocation of overhead for all County departments --the Attorney's time, the Administrator's time, etc. -- and he wondered if the consultant could also do this sort of a job. Administrator Wright stated that we have an overhead report from our auditor which has been applied to the enterprise accounts, but we have not applied this to the MSTU. He thought the Commissioners would be painfully aware of overhead allocation in about 30 days because it will be a major budget discussion. 34 � � r THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously (4-0). IRC BID #204 - 1984 STANDARD 1/2 TON PICKUP TRUCK The Board reviewed the following memos dated 6/8/84 and 6/15/84: TO: Board of County Commissioners GATE: June 8, 1984 FILE: THRU: Michael Wright SUBJECT: IRC Bid #204- (1) New 1984 County Administrator Standard 1/2 Ton Pickup Truck FROM: Carolyri,/Goodrich, Manager Purchasing Department 1. Description and Conditions REFERENCES: Bids were received June 5, 1984 at 11:00 A.M. for IRC Bid #204- New 1984 Standard 1/2 Ton Pickup Truck for the Utilities Department. 17 Bid Proposals were sent out, 4 Bids were received. 2. Alternatives and Analysis The low bid was submitted by Roger Whitley Chevrolet, Tampa, F1 for a 1984 _truck in the amount of $7575.00. A note was made on the bid that the price is only good if the factory will accept the order. However, infr,rmation re- ceived from the State of Florida regarding the State Contract and from other dealers, the close out date for ordering 1984 1/2 Ton Pickups was April 3 for Dodge and May 8 for Chevrolet. The second low bid was submitted by"Hill Schultz Chevrolet for a 1984 in the amount of $7720.00. They stated in a letter attached to their bid that they will try to match truck for truck equipment for equipment as close as possible. This would be from stock. 1984 trucks are no longer available ort the State Contract. 1985 vehicles do not go into production until August 1, and delivery would be at least 90 days. 3. Recommendation and Funding It is recommended that IRC Bid #204 be awarded to the second low bidder, Bill Schultz Chevrolet, in the amount of $7720.00 for a 1984 Chevrolet 1/2 Ton Pickup Track. Funds to come from Renewal and Replacement. 35 JUN 20 1984 snox 57 Pt..GE 4l8 JUN 2 0 1984 BOOT( 57 PAGE 49 TO: Board of County Commissioners DATE: June 15, 1984 FILE: THRU: Michael Wr tit SUBJECT: ADDENDUM - IRC Bid #204 -(1) New County Adm' ' trator 1984 Standard 1/2 Ton Pickup Truck FROM: -` '1�� REFERENCES: Carolyn,lGoodrich, Manager Purchasing Department ADDENDUM TO RECOMMENDATION At our request, Dave Mellott of Roger Whitley Chevrolet talked with the factory regarding acceptance of an order after close out date. `He was told they would probably accept the order. Staff would like to amend the recommendation to award to the low bidder, Roger Whitley Chevrolet, contingent upon acceptance of the order by the factory. If factory will not accept order, award to second low bidder, Bill Schultz Chevrolet. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously approved the recommendation of staff and awarded Bid #204 to the low bidder, Roger Whitley Chevrolet, in the amount of $7575, for a 1984 standard 1/2 ton pickup truck; contingent upon acceptance of the order by the factory; and if they cannot produce, authorized staff to go to the next low bidder, Bill Schultz Chevrolet. 36 BOARD OF COUNTY COfV)WSSwVERS Vero1840 25th Street Vero Beach, Florida 32960' ' BID TABULATION QJ v v 1 �N a ,^ O. RC BID #204 tI �OPENING DA�e5 JuCIO BID TITLE (1) New 1984 Standard 1/2- T.P/U TK ITEM DESCRIPTION NO. UNIT PRICE UNIT PRICIEUNr; PRICE UNIT PRICE ------T— UNIT PRICE 1. (1) New 1984 Standard 1/2 Ton 1984 1985 1984 1984 Pickup Truck. 8454 00 7944 55� 7575 1001 7720 00 1985 2. Days required for delivery after . 7800 00 7— Days 3/days 90 da s 1984 from45 D 77da s I I 8-1-8 1985 f rorr� Au . 1 only good if factory will a ce t order 16th STREET BIKE PATH - CHANGE ORDER #3 Darrell McQueen of Lloyd & Associates, Inc, distributed copies of a request for a change order which would change the bike path on 16th Street from a-sphalt to concrete. He explained that the master plan for the 16th Street improvements project called for a bike path on the north side of the street and a sidewalk on the south side. People, however, are beginning to walk on the north side along with the kids on bicycles. He recommended that the bike path extend from 20th AVe, to U.S. #1. They have put a 37 JUN 2 0 1994 a-901 7Alu�500 I JUN 2 0 1984 Box 57 rf:j_ 1 501 concrete "bikewalk" on the north side of 16th Street from . 20th Avenue to 29th Avenue to complete that section of the walkway for the children to get to school. It is a sub bike path standard, but it is a sidewalk, i.e., a bike path is 5 feet wide as compared to an 8 -ft. wide sidewalk. Mr. McQueen pointed out that they had put in a bikewalk for the City on 17th Street extension over on the south beach parking lot. A sign was posted listing it as a "bikewalk", and it has worked out pretty well. The reason he is recommending concrete is that grass will grow up through asphalt, the edges would ravel, and it is difficult to create a pleasing appearance with asphalt. Commissioner Bird thought walkers and cyclists could co -exist, but he didn't want to run into any problems with the DOT. Mr. McQueen believed that the book on bike paths was a recommendation only, and not a cut and dried mandated regulation. Chairman Scurlock felt that the asphalt paths that have been built in the past are a mess as far as maintenance goes. Mr. McQueen estimated that the concrete bike path would cost about $2 a sq. yd. more than asphalt with limerock and $3 more for asphalt and coquina. However, he did not recommend that we put in concrete bike paths everywhere. Commissioner Wodtke noted that other communities have been designating bike paths on the right-hand side of streets. While he realized that these paths are not as safe as off the road paths, he wondered if this is something that should be considered as an alternative. Mr. McQueen did not feel it would be a good idea for _ . this path, but was an idea that could be considered for other roads in the future. 38 MOTION WAS MADE by Commissioner Bird, SECONDED by Commissioner Lyons, that the Board approve Change Order #3 on the 16th Street Improvements Project, as recommended by staff. Commissioner Lyons was disturbed that the completion date of the 16th Street improvements project has been creeping up and wanted to know when it is going to be completed; he pointed out that originally it was to be completed by September. Administrator Wright reminded the Board that the contractor received an extension, and the completion date is now October 1, and Mr. McQueen stated that the project would be completed by the beginning of the school semester, except for the parking lots around the ball parks. Commissioner Bird thought that was going to cause utter chaos at the opening football game in the fall. Mr. McQueen advised that he would have a project completion schedule prepared in time for discussion at the meeting of July 11. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously (4-0). JUN 20 1984 39 BOOK a F,aGE.502 JUN 2 0 1994 Owner's Project No. e00K;7 Fa„503 CHANGE ORDER NO. 3 Dated June 20, 1984 8105 Engineer's Project No. 82-233 Project 16th Street Traffic Improverrents Owner Indina River Count Contractor Dickerson Florida. Inc. Contract Date Contract For 16th Street Traffic Lrovements To: Dickerson Florida, Inc. Contractor You are directed to make the changes noted below in the subject contract: Owner INDIAN RIVER COUN'T'Y By: Date Nature of the Change: See attached sheet Enclosures: Page 1 of 3 Pages 40 M M r M M M The changes result in the following adjustment of Contract Price and Time: Contract Price Prior to this Change Order $ 2,241,262.26 Net (Increase) G0=M9= ) resulting from this Change Order $ 22,353.30 Current Price Including This Change Order, S 2,263,615.56 Contract Time Prior to this Change Order -510- Calendar Days. Net (Increase) (Decrease) resulting from this -0- Calendar Days Change Order Current Contract time including this Change Order The above changes are approved: -510- Calenday Days Engineer _ By: c Date: June 20, 1984 The above changes are accepted: DICMMSON FLORIDA, INC. Contrator APPro`�edi a +orm and legal icienc oU�y ' Mey JUN 2 01994 By: Date:L 0 ' ACCE ED BY: INDIAN RIVER COUNTY - Date: 4?r 2 7/1f . page Z of 3 Pages 57 PAGE 50 � JUN, 2 0 1984 INDIAN RIVER COUNTY 16TH STREET TRAFFIC LMPROVa=S Change Order No. 3 Breakdown Sheet DELETE E THE FOI. VItiG FRCYM : Oricrinal Contract Items Book 5 7 PAGE 5®5 332-2 asphaltic Concrete Type II 313 Tons @ $38.00/Ton $11,894.00 Chance Order No. 1 200-1-1A Coquina Base (6" Primed) 7015 S.Y. @ $3.84/S.Y. 26,937.60 332-2 Asphaltic Concrete Type II (12th St. & 20th Ave.) 10.75 Tons @ $38.00/Ton 408.50 200=1-1A Coquina Base (6" Primed) (12th St. & 24th Ave.) 215 S.Y. @ $3.84/S.Y. 825.60 TOTAL DELETIONS: $40,065.70 ADD ME FOLLOWING: 522-1 Concrete Sidewalk (4" thick) 6475 S.Y. @ $9.64/S.Y. $62,419.00 TOTAL ADDITIONS: $62,419.00 TCTAL ADDITIONS: $62,419.00 Less: TOML DELETIONS: - 40,065.70 NET CONTRACT INCREASE: $221353.30 page 3 of 3 Pages LEASE/PURCHASE OF NEW IBM COPIER The Board reviewed the following memo dated 6/12/84: TO: The Honorable Members of DATE: June 12, 1984 FILE: the Board of County Commissioners THRU: L. S. "Tommy" Tho s j URJECT: Request for Lease -Purchase Intergovernment / of new IBM Copier Coordinator 1 I FROM:Lynn Williams Building & Grounds REFERENCES: Superintendent DESCRIPTION AND CONDITION Presently the Central Copy Room serving the Administration Building is equipped with an IBM Model 20 Copier. This copier was purchased on a 60 month purchase agreement with IBM in 1979. The Model 20 is designed to handle an average of 25,000 to 35,000 copies per month. We have averaged 70,000 copies per month on our IBM Model 20, since the beginning of fiscal year 83-84. Over ,the last two years we have experienced considerable difficulty with our present machine, mainly attributed to the very heavy load. All repair work and normal maintenance is covered by a service agreement with IBM. However, the charges for monthly service are based on a set copy volume of 20,000 copies and escalates as usage rises above this point. The pricing structure of the Service Agreement was changed in September, 1983 where by all copies above 20,000 per month cost $.02 each. Copy usage has jumped dramatically since the beginning of the fiscal year. Code Enforcement, the addition of the Building Department, Emergency Management and increased efforts in Personnel have all impacted the usage demand to•a point where it is no longer economically advantagous to continue with our present situation. Our present volume is twice the recommended usage level for the Model 20 Copier. ALTERNATIVES AND ANALYSIS In September, 1983 the Board authorized staff to negotiate with IBM or other manufacturers for a copier better suited to our needs. Staff investigated further the copiers available on the market which could handle the present usage as well as future growth. We received proposals from both IBM and Xerox for copiers specifically designed for 100,000 plus copies per month. Morse's Printing, the local Xerox representative, proposed a Xerox, Model 1075 Copier/Duplicator at a cost of $53,102. Monthly service agreement charges are similar to those of IBM outlined earlier. Staff feels this is simply out of our price range. IBM has offered a package, outlined below, for a Model 60 Copier/Duplicator. Actual cash purchase price would be $28,917. 43 JUN 2 0 1994 poor F�,cF 50 JUN 2 0 1984BOQK P,507 CT IBM has proposed the following: a. Install a Model 60 IBM Copier/Duplicator for a 30 day free trial. b. After the 30 day free trial, the County would enter _ into a 60 month purchase agreement for purchase of the IBM Copier. C. Accept our present Model 20 as a trade-in on the purchase of a Model 60. The trade-in allowance is $1,525. The original purchase price of this machine - five (5) years ago was $27,724. Staff feels the following factors justify purchase of the Model 60 IBM Copier/Duplicator. a. Reduced cost - At our present copier usage level (75,000 copies per month) the existing Model 20 _ Maintenance and Copy Agreement will cost $1,596 per month. The same volume (75,000 copies per month) on the new Model 60 will cost $641 per month. This computes to an annual savings of $11,460, in maintenance and copy costs. The same grade paper is used by both machines. The toner which actually makes the print on the copy is $22 per cartridge less for the Model 60 than for the Model 20. An annual savings of approximately $300. b. Increased capability - The IBM Model 60 has been designed for copier users in the range of 25,000 to 125,000 copies per month. This range allows for considerable growth and will handle our needs for the next three to five years. Our present copier is in excess of five years old, technilogically, and no longer can handle our copy load nor has the copy features needed in our operation. C. Thirty (30) Day Free Trial - The thirty day free trial will reduce the average monthly cost for the remainder ° of the fiscal year to $625 per month. The present monthly cost is $1,596. Beginning Fiscal 84-85 the monthly cost for the new Model 60 Copier will be approximately $.1,250 (purchase, copy and maintenance) as opposed to $1,596 per month for the existing machine. An annual projected savings of $4,152. If the purchase is approved for immediate delivery where our exising copier can be traded in right away we will save additional payments due on the existing purchase agreement. ALTERNATIVE A Approve IBM 30 Day Free Trial, for immediate delivery. Execute a 60 month purchase agreement with IBM accepting the existing Model 20 as a trade-in. RECOMMENDATION Staff recommends approval of Alternative "A". 44 Administrator Wright explained that he has put this. - item off for nine months while staff did further research and has now agreed to bring it before the Board. Intergovernmental Relations Director Tommy Thomas commented that Lynn Williams, Building & Grounds Superintendent, has really done a thorough job in researching this matter and found that it would be more economical to go with a new copier. Director Thomas did not personally'think that we can take a 5 -year old piece of machinery, which has been overworked, and recondition it to a point where it is reliable and cost efficient. He compared copiers to automobiles and other appliances which have a built-in obsolescence factor. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bird, that the Board approve staff's recommendation to approve the 30 -day free trial on the IBM Model 60 with immediate delivery; with the understanding that staff will try to sell our present IBM Model 20 for a higher price than the $1500 trade-in offered by IBM. Commissioner Wodtke thought that we had bought the present copier on a lease with option to purchase in 1979, and wondered how many months we have left on that agreement. Administrator Wright stated that it will be up in Sept. or October. He noted that the new machine would be an outright purchase, but we have an option to lease only. Commissioner Wodtke asked just what the cost would be - for just leasing it as compared to buying it and Director Thomas explained that leasing would run a little less, but there again, copy prices may be increased in the future. 45 JUN 2 0 1984 BOOK 57 Fr. r 508 JUN 2 0 1984 BOOK 57 F,,r.509 Chairman Scurlock believed that IBM has run their numbers and have got us either way. Commissioner Wodtke wanted to be assured that this copy machine will give us the best service usage for the next 3-5 years and OMB Director Jeff Barton stated this machine would give us that service. Director Thomas explained that Director Barton has figured this all out and feels that we would still come out ahead on a purchase agreement. It is possible we might find that we made a bad decision if significant technical improvements occur during the next two years, but the fact is that we are now at a point where we cannot continue with the present copier. It was agreed that the decision to lease or purchase would not be decided today, but at budget time, and after the 30 -day free trial. Lynn Williams advised that IBM would be charging us for the use of our old machine during the trial period, and Director Thomas prefaced this with the fact that IBM has this all figured out with their "big" computer. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously (4-0). NORTH COUNTY FIRE DISTRICT The Board of County Commissioners recessed at 11:05 o'clock A.M. in order that the District Board of the South County Fire District might convene. Those Minutes are being prepared separately. The Board of County Commissioners reconvened at 11:07 o'clock A.M. with the same members present, Commissioner Bowman being absent. 46 M M FINANCING - S.R. 60 WATERLINE Utilities Director Terry Pinto noted that the Commission had authorized the awarding of bids on the SR -60 waterline as soon as we had concurrence with the Farmers Home Administration. It is necessary to get all of our information to Farmers Home Administration within the next week in order to obtain a Guide 1-A Commitment Letter for Financing, which is a triggering mechanism for our existing $2.7 million financing. If we don't get all this material to FHA and do not receive Guide 1-A before July 1st, it triggers a call on those notes and we would have to reissue them. Administrator Wright explained that $2 -million of this project will go with the $2.7 million being put in by the developers. The developers really won't have the ability to get their money until they go through a legal process that will not culminate for approximately 60 days. Attorney Brandenburg explained that the rub in this whole matter is that FHA wants the County to let the contracts out for the entire job and the County does not have enough money to to that. All we have is $871,000 of the $2.4 million necessary for the contract. So, in fact, the County is signing a contract for $2.4 million when there is only $871,000 in the bank. The County Attorney continued that when this was discussed last week, consideration was given to inserting some language in the FHA contracts with these individual developers that would allow those contracts to lapse in the event that the SR -60 assessment issue was not approved. Director Pinto has been talking with the people from FHA, and he does not feel they will go along with that approach because in the event the contracts collapse, a certain amount of the' $81=1-000 would have been wasted on improvements put into the ground that could not be used. In order to avoid refinancing the notes that we have outstanding, we 47 BOOK 57 Ft;up510 JUN 20 1984 I JUN 2 01984 BOOK - 57 't� J 511 have to find a mechanism to enter into the contracts and commit the County to $2.4 million, and at the same time assure the County that the balance of the $871,000 will be available should the assessment bonds fail. He felt there were two ways to do this; 1) To go back to West County Utilities and ask them for a letter of credit for their entire obligation of $2 -million which would provide absolute assurance to the County. The letter of credit would be written so that in the event the assessment issue was not sold to Florida National Bank by September 1, 1984, the County then would have the ability to call down that letter of credit and use the $2 -million to build the project. That would involve certain costs to the utility and Attorney Brandenburg wasn't sure whether they would want to do that. 2) Enter into a contract with West County Utilities and their participating individuals that in the event the assessment revenue bond issue is not in place and bought by Florida National Bank, then each of them individually within a 10 -day period will come up with their $970.45 per equivalent residential unit that they have reserved. That would produce the $2 -million which the County would need to finish the contract. Under the contract, the County has an agreement with them to come up with those funds. All the developers want this project to go as their development plans are contingent upon the project being completed, and they originally agreed to come up with that money up front. In either event, the developers are getting what they bargained for, and the only thing they would be losing out on is the interest break that the County has been trying to benefit them with by virtue of assessment. The County Attorney recommended the irrevocable letter of credit. As an alternative, he reported that an agreement is being prepared which should accomplish the second 48 alternative. The utility will be meeting on Friday _ afternoon to consider this issue, but this Commission does not have another meeting between now and next Tuesday when the material must be into the FHA in order to give us the 1-A commitment letter by July 1, 1984. Commissioner Bird preferred the letter of credit because we could get the money back instantly if there is a default, as compared to the second alternative where the developers sign individual contracts and possibly could lead to litigation to receive payment. Attorney Brandenburg confirmed that was the obvious disadvantage, and it had to be weighed against the desire of these developers to have this project built and their trustworthiness with the County. He advised that the contract is written so that in the event any of the participants did not come up with their share to the County, it would be the obligation of West Utilities, Inc. itself, to come up with that participant's share. Commissioner Wodtke also preferred the letter of credit, and asked when the money would become available. Attorney Brandenburg stated he has scheduled the validation for the assessment for July 30 at 3:00 p.m. and there is a 30 -day appeal period. By September 1, we ought to be able to close on the bonds with Florida National Bank. The letter of credit would be needed for approximately 60-90 days. Administrator Wright felt we needed an alternative on this matter. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Lyons, the Board unanimously (4-0) authorized the County Administrator, County Attorney and staff to obtain the necessary security to close with 49 JUN 2 0 1994 soox 57 L- BOOK 5.6 FF,JE 513 , Farmers Home Administration on the contract for the SR -60 waterline project, giving preference to an irrevocable letter of credit; however, other means of surety could be negotiated with the individual property owners or West Utilities, Inc., as long as necessary security is obtained to get the Farmers Home Administration letter of commitment; and authorized the Chairman's signature to the necessary documents. PARKS & RECREATION COMMITTEE REPORT - TENNIS COURTS AT GIFFORD PARK Commissioner Bird explained that last year at budget time, $10,000 was allocated for capital improvements at Gifford Park. The Parks & Recreation Committee asked the Gifford Park Advisory Committee for their recommendation as to how that money should be spent. After a long delay, they came back with a recommendation that a tennis court was most needed at Gifford Park. Intergovernmental Relations Director Tommy Thomas thought we might be able to come up with $10,000 in matching funds through the DNR whereby we could build a double tennis court. He explained that he has it in writing that this is an eligible DNR project and funds are available at present. The County has sufficient funds in the new fund which the Commission established for the development of parks to go ahead and proceed with construction of the courts. We would need to draw out $12,000 along with the $10,000 already budgeted, which would enable us to build a double court. The building of a single tennis court costs $13,000-$15,000, whereas a double court would cost approximately $22,000. There is a timing problem, however, as the courts should be completed so that they can be in use by late summer. 50 M Commissioner Bird felt that it actually boils down to - the fact that we have $10,000 already budgeted in another account and need to borrow $12,000 from the special park fund, with the thought that we will replace that $10,000 out of the $12,000 that we are borrowing when we receive the DNR money. Director Thomas did not think he is in a position to guarantee that we will get that $12,000 back in grant money, but, he felt we had a very good chance. He reminded the Commission that the DNR is not very speedy in these matters. We could receive the money in 60 days, but then again, it might take four months. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously (4-0) authorized the construction of a double tennis court in Gifford Park and requested staff to pursue DNR funds with the understanding that the project will be temporarily funded from the special parks fund and that the County will fund it completely if DNR funds are not received. TRANSPORTATION & PLANNING COMMITTEE REPORT Commissioner Lyons read the following Summary of Actions of the Meeting of June 12, 1984: JUN 2 0 1984 51 Bm. 57 F�.:r 51 4 JUN 2 0 1994 Boor. 57 FAGE515 1. SUMMARY OF ACTIONS TRANSPORTATION PLANNING COMMITTEE June 12, 1984 Signalization - U.S. 1 at CR 510: Committee approved staff recommendation to close access of 85th Street and U.S. 1 necessary for efficient and safe operation of the planned traffic signal. Formal access closure will be processed by the Planning Department. 2. Rerouting of CR 507, City of Fellsmere: Committee agreed to table this issue until members had an opportunity to perform an on-site review of this problem. Discussion will be held at the next Committee meeting. 3. Functional Classification of Roads: Committee heard report of proposed method to functionally classify roads by the FDOT. The County will have opportunities to review specific proposed classifications during late 1984 and early 1985. 4. Old Winter Beach Road Bridgehead: Committee recommends official survey and marking of this right-of-way between Jungle Trail and the Indian River. Commissioner Lyons reported that the Committee recommends the.widening of CR -512 and is requesting that the County take some positive action for obtaining the right- of-way. He noted that most of the old railroad right-of-way has been sold or is up for sale. Roland Miller claims he owns it and has phoned repeatedly to see if the County is interested in obtaining that right-of-way. Commissioner Lyons felt that Mr. Miller would accept the appraised evaluation of the property, and he requested that the Board give him and staff the authority to pursue obtaining the right-of-way for CR -512, from U.S. #1 to I-95, at least. The County is looking for at least 60 feet of right-of-way; enough for another major thoroughfare, such as SR -60. The Committee feels this project is very important because of _ the growth in development in that area. 52 � � r ON MOTION by Commissioner Lyons, _ SECONDED by Commissioner Wodtke, the Board unanimously (4-0) authorized Commissioner Lyons and staff to begin negotiations with appropriate property owners to acquire the necessary right-of-way on CR -512, and come back to the Board. ECONOMIC DEVELOPMENT COMMITTEE REPORT Chairman Scurlock reported that he is presently considering individuals for appointment to the Economic Development Committee, the formation of which was just recently authorized by the Board. FINANCE ADVISORY COMMITTEE REPORT Chairman Scurlock reported that they met this week and after lengthy discussion, their recommendation to this Commission is to approve a 1 -cent, one-year, 1984-1985 sales tax increase as the primary funding source to construct the $4.3 million jail facility. They further recommended that if a shortfall does occur and additional monies are required, the matter would come back before them for their recommendation. If the voters choose not to endorse that approach, other financing methods that would not exceed a 5 -year period would be considered. Administrator Wright reported that it appears that we are looking at an expansion within five years of the completion of the construction of this facility. Commissioner Wodtke asked that the Commission be given additional tax information for their review, and set a - timetable so we can get this on the general election in November. Attorney Brandenburg advised that he is checking to see if we can place it on the September election. He stressed 53 JUN 2 0 1984 BOOK 57 m, 516 JUN 2 0 1994 BOOK 57 PnE 517 that the contract for construction must be in place by January lst if the County is going to fund this with a sales tax, and Administrator Wright stated that what we are facing is proceeding with the jail and not having the firm financing in place until possibly November. Chairman Scurlock emphasized that we have to formulate an education process so that the voters know how much it would cost to build the jail with a sales tax as opposed to alternate financing methods. This would allow them to make an intelligent decision on how the jail should be funded. Commissioner Wodtke expressed the wish to see material on what effect this is going to have on the average taxpayer. REDESIGNATION OF I-95 TO "VETERANS MEMORIAL HIGHWAY" The Board reviewed the following memo dated 6/13/84: TO: 130,M of CO CO DATE: 13 Jun 84 FILE: _ ADMINISTRATOR COUNTY ATT.01 'Y 12-0 oMITE CO CO OFFICE SUBJECT: REDES-IGNATION OF STAITH 1i0^.D I-95 TO "VETERANS M-161ORIAI, HIGM-1AY" ..OUNTY T.,RANS SVS OFA' REFERENCES: ATTACHED CORPJ'SPONDE14C (Martin County) This county's veterans organizations and this office highly recommends approval of the Indian River County segment of State Road I-95 to the "Veterans Memorial Highway To the correspondence in the hands of the addressees, I have added a memo from Sherri King, a member of the Martin County Board of CountyCommissioners, to that group as a whole. Also a proposed plaque to be at the entry and exit of the (now) State Road I-0.5. Almost all of the counjies with portions of I-95 within their county boundries have already; concurred in this matter. Ali are expected to agree. JERKY R. CCOKI JR C. V..0. Indian River County 54 ON MOTION by Commissioner Lyons, _ SECONDED by Commissioner Wodtke, the Board unanimously (4-0) adopted Resolution 84-44, supporting the adoption of legislation dedicating I-95 to the Veterans of the United States Armed Services. Jerry Cook of the Veterans Administration reported that Administrator Wright thought that the County could come up with the $300 to pay for the six plaques to be placed at the Vero Beach on and off ramps. 55 JUN 2 0 1984 BOOK 57 PACE518 JUN 2 0 1984 aOCK �7 P H 519 RESOLUTION NO. 84-44 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA DEDICATING I-95 TO THE VETERANS OF THE UNITED STATES ARMED SERVICES WHEREAS, the Veterans of the Armed Services have given of themselves to serve their country; and WHEREAS, there have been Veterans who have sacrificed their lives, their health, or their livelihood as a result of their military service, and WHEREAS, it seems only fitting and just to honor these persons who have done so much to protect the "Life, Liberty and Pursuit of Happiness" we all so freely enjoy; and WHEREAS, the heroism of these same Veterans is all too quickly forgotten; and WHEREAS, we feel that the Veterans of the Armed Services are truly deserving of recognition for risking their lives in fulfilling their military obligation: NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. This Board support the adoption of legislation dedicating I-95 to the Veterans of the United States Armed Services. 2. This Board request the Department of Transportation, the Legislative Delegation and the Legislature of the State of Florida, to support and adopt legislation dedicating I-95 to the Veterans of the United States Armed Services. The foregoing resolution was offered by Commissioner Lyons who moved its adoption. The motion was seconded by Commissioner Wodtke and, upon being put to a vote, the votes was as follows: Chairman Don C. Scurlock, Jr. Aye Vice Chairman Patrick B. Lyons Aye Commissioner Richard N. Bird Aye Commissioner Margaret. C. Bowman Absent Commissioner William C. Wodtke, Jr. Aye The Chairman thereupon declared the resolution duly passed and adopted this 20th day of June, 1984. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY: C DON C. SCURLOCK, JR. Chairman ATTEST: FREPA.,WRIGHT, Cl k APPROVED A T ,FORM AND LEGAL F EN ti BY: ENBURG Cnty Attorne APPOINTMENT TO DISTRICT IX HEALTH PLANNING COUNCIL The Board reviewed the following memo dated 6/8/84: TO: County Commissicners DATE: June 8, 1984 FILE: SUBJECT: Appointment to District IX Health Planning Council FROM: Alice White REFERENCES: We received a call from Ed Holloway, District IX Health Planning Council. He requested the County Commission to make an appointment to the Health Council before July 1, 1984 if at all possible, as Mr. J. B. Norton will no longer be serving after June 30. (305-845-6070) It was announced that OMB Director Jeff Barton would be attending his last meeting of the District IX Mental Health Board tonight, and it was suggested that he be appointed to - the Health Planning Council, perhaps just temporarily. Commissioner Wodtke reported that he had talked to Mr. Norton about finding someone to fill his seat on the council, but since the County Commissioners have only 57 JUN 20 1984 sooK 57 FF,,E520 JUN 20 1984 BOOK 57 FF",JE51 received two letters from individuals indicating an interest to serve, he asked Mr. Norton to consider staying on for a 60 -day period or up until such time that the Commission can appoint a qualified person. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Lyons, the Board unanimously (4-0) approved a 60 -day extension of service by J. B. Norton on the District IX Mental Health Board until such time that an appropriate candidate is found. Commissioner Wodtke stated that Attorney Gregory Gore also has shown an interest in serving on this Board and perhaps he could meet with Mr. Norton and discuss the requirements. EMERGENCY MEDICAL SERVICES COUNCIL ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously (4-0) adopted Resolution 84-42, commending the Indian River County Emergency MedicaL Services Advisory Committee; also known as the EMS Council for extraordinary efforts in completing the committee's mission. Commissioner Lyons requested that a letter of thanks be sent to all those who have served on the council since its beginning in December, 1981. 58 I RESOLUTION NO. 84-42 A RESOLUTION OF"THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, COMMENDING THE INDIAN RIVER COUNTY EMERGENCY MEDICAL SERVICES ADVISORY COMMITTEE; ALSO KNOWN AS THE EMS COUNCIL FOR EXTRAORDINARY EFFORTS IN COMPLETING THE COMMITTEE'S MISSION. WHEREAS, the Emergency Medical Services Advisory Committee, also known as the Emergency Medical Services Council, was created by the Board of County Commissioners of Indian River County, Florida on the 16th day of December, 1981 by the County Commission to evaluate the needs, community support and medical necessity for an Emergency Medical Service Program, and WHEREAS, the Committee diligently commenced their task and held numerous meetings and spent countless hours completing the mission assigned by the County Commission, and WHEREAS, the Committee has provided the County and its residents with invaluable help in coordinating the introduction of the 911 System and in helping to rid the system of its problems, and WHEREAS, the Committee has served to coordinate the provision of emergency services and has been utilized to moderat=•e disputes between various jurisdictions. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that.; 1. The members of the Emergency Medical Services Advisory Committee, a/k/a EMS Council, are commended for their outstanding contribution to the community in completing their mission, and 2. Having completed its function in an exemplary manner, the committee is hereby dissolved. The foregoing resolution was offered by Commissioner Lyons who moved its adoption. The motion was seconded by Commissioner Wodtke 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 Absent Commissioner William C. Wodtke, Jr. Aye JUN 2 0 1984 -1- Bo f 57 �AGE522 JUN 2 0 1994 Boas 5 7 PA, cF 5.213 The Chairman thereupon declared the resolution duly passed and adopted this 20th day of June , 1984. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By �U.� C zc�el- DON C. SCURLOCK, JR. Chairman 1 Attest:����"L�!h FREDA WRIGHT Clerk APPROVED -S-�0 FORM AND LEGAL SUFFICI �ouM BRANDENBUtG t Attorney FORMATION OF EMERGENCY SERVICES COORDINATING COMMITTEE Commissioner Lyons explained that there is a need to have a forum for coordination of service and the problems that arise from time to time in response received through the 911 system. He noted that he has prepared a proposed resolution and wanted to revise Item #2 where it states that "members and appointments of the committee shall be determined from time to time by the Commissioner", to read: "by the Commissioner assigned to 911 system coordinating responsibilities." Commissioner Lyons wanted very much to have a committee formed, which would consist of either the Chief or the Assistant Chief of all the fire departments, ambulance squads and the Sheriff's Dept. and which would include the necessary representatives from County Administration and Emergency Management. The committee would simply be called together when there is a problem, such as changing the sectors in 911. Commissioner Lyons requested that the Commission give him the authority for this committee until such time that .o another member of the Commission is appointed the _ Coordinator. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously (4-0) adopted Resolution 84-43, creating the Emergency Services Coordinating Committee, with the amendments as noted. 61 JUN 20 1984 aooK 57 PA,�E52 JUN 2 0 1994 BOOK 57 F c: 5?5 RESOLUTION NO. 84-43 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CREATING THE EMERGENCY SERVICES COORDINATING COMMITTEE WHEREAS, it has become apparent to the Board of County Commissioners of Indian River County, Florida that a Coordinating Committee is necessary to discuss and help resolve problems that occur from time to time with the various jurisdictions and entities that provide emergency services in our County. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. The County Commission hereby creates Indian River County Emergency Services Coordinating Committee with the following responsibilities: a. To help mediate and resolve communication problems that may arise between the various jurisdiction and entities that provide emergency services to our County, including problems which may arise with respect to the 911 System. b. To coordinate "dual response" problems that arise between services providing jurisdictions and entities. c. To make recommendations to help avoid and resolve jurisdictional conflicts in providing emergency services. 2. The number of members and the appointments to the Committee shall be determined from time to time by the Commissioners assigned as the 911 coordinator, from organizations involved in the 911 System. 3. This Committee shall exist until dissolved by motion and majority vote of the Board of County Commissioners of Indian River County, Florida. The foregoing resolution was offered by Commissioner Lyons who moved its adoption. The motion was seconded by Commissioner Wodtke 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 Absent Commissioner William C. Wodtke, Jr. Aye _1 - The Chairman thereupon declared the resolution duly passed and adopted this 20th day of June , 1984. Attest: ` -) FREDA WRIGHT Clerk APPROVED AND LEGA By ty At TO FORM BOARD OF COUNTY COMMISSIONERS OF IN IAN RIVER COUNTY, FLORIDA By DON—C. SCURLOCK, JR Chairman AGREEMENT FOR CONSULTING SERVICES - DR. FRAZIER The Board reviewed the following drafted letter: BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Vero Beach, Florida 32960 D R A F T Telephone: (305) 567-8000 June 15, 1984 William H. Frazier, M.D. 31 Royal Palm Boulevard Vero Beach, Florida 32960 Re: Agreement for Consulting Services Dear Dr. Frazier: Suncom Telephoner{305)424-1012 The Board of County Commissioners would like to take this opportunity to commend you for the fine service you have provided this Commission and the residents of Indian River County. You have provided the Emergency Medical Services Council. with your insight and guidance on providing emergency medical services for our County. Much, if not the majority of the time you have spent 63 JUN 2 0 1984 8005 7 P" UE596 JUN 2 0 1994 BOOK 57 P1,E 597 oit this project, has been as an unpaid volunteer. The Commission greatly appreciates your efforts and hopes that they will continue in the future. The County now desires to close our records on the outstanding contract so that we may proceed with a clean slate. Please accept this letter as the County's intent to terminate our Consulting Agreement under Paragraph 5 of our Agreement. Indian River County looks forward to your continued interest and participation in providing our residents with the best possible emergency medical care. Sincerely yours, Don C. Scurlock, Jr. Chairman, Indian River County Board of Commissioners Commissioner Lyons requested that the above letter be sent to Dr. Frazier thanking him for his services and asked the Commissioners to sign it. Commissioner.Bird asked if we were finished with Dr. Frazier, and Commissioner Lyons answered that we are finished with him as a paid consultant; he had a contract and we want to thank him for his contract. He is a very active volunteer with the ambulance squad. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously (4-0) authorized the Chairman's signature on a letter to Dr. Frazier, as requested by Commissioner Lyons. SCHEDULING OF JULY 3, 1984 MEETING The Board agreed to call a Special Meeting for July 3, 1984 at 10:00 o'clock A.M. 64 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. 10683 - 10867 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 duly made, seconded and carried, the Board adjourned at 11:45 o'clock A.M. Attest: Clerk Chairman 65 JUN ' �9�4 BOOK 57 PA E 5?8