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HomeMy WebLinkAbout8/8/1984Wednesday, August 8, 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, August 8, 1984, at 9:00 o'clock A.M. Present were Don C. Scurlock, Jr., Chairman; Patrick B. Lyons, Vice Chairman; Margaret C. Bowman; Richard N. Bird; and William C. Wodtke, Jr. Also present were Michael J. Wright, County Administrator; Gary Brandenburg, Attorney to the Board of County Commissioners; Jeffrey K. Barton, OMB Director; and Barbara Bonnah, Deputy Clerk. The Chairman called the meeting to order and Commissioner Bird led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA Attorney Brandenburg requested the addition to today's Agenda of matters pertaining to the Save Our Coast program, which include the assignment of three option contracts that the County has on property along the ocean and execution of Notice of Exercising of Option for the three tracts.. Attorney Brandenburg requested the addition to today's Agenda of a request to file suit in behalf of the County against Village Green. BOOK �7 F�10E 877 AUG � 194 AUG 8 1994 BOOK 57 FAOE878 Commissioner Wodtke requested the addition to today's Agenda under Committee Reports of a discussion in regard to upcoming appointments to the Mental Health Planning Council. Commissioner Lyons requested a discussion re the direction he should take in negotiations with Medical Examiner, Dr. Leonard Walker. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously.added the above items to today's Agenda. APPROVAL OF MINUTES The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of July 18, 1984. There were none. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously approved the Minutes of the Regular Meeting of July 18, 1984, as written. CONSENT AGENDA Administrator Wright requested that Item B be removed from the Consent Agenda at this time. A. Requisition for the First Quarterly Payment FY 1985 of Annual Contributions Contract, Section 8 Existing Housing Rental Assistance The Board reviewed the following memo dated 7/30/84: E TO: Board of County DATE: 7/30/84 FILE: , Commissioners THRU: Michael Wright County Administrator SUBJECT: Requisition for the First Quarterly Payment FY 1985 of Annual Contributions Contract - Section 8 Existing Housing Rental Assistance Program FROM: Edward . ' Re a REFERENCES: Executiv Director _ IRC Housing Authority It is recommended that the data herein presented be given formal consideration by the County Commission. In order to requisition funds quarterly from the U.S. Department of Housing and Urban Development to operate our Section 8 Housing Assistance Program, we are required to sub- mit four (4) executed copies of HUD Form 52663. This is con- sistent with our Annual Contributions Contract entered into on December 30, 1978 and as amended August 3, 1982. I respectfully request the Board of County Commissioners authorize the Chairman to execute the four copies of HUD Form 52663 for the First Quarterly payment. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously approved the Requisition for the First Quarterly Payment FY 1985 of Annual Contributions Contract - Section 8 Existing Housing Rental Assistance Program, and authorized the Chairman's signature. 3 AUG 8 1984 Bou 57 pillccKg r AUG 1984 IhvO.5263 Bog 57 Fr{r" 880 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR HUD USE ONLY I REQUISITION FOR PARTIAL PAYMENT OF ANNUAL CONTRIBUTIONS HOUSING ASSISTANCE PAYMENTS PROGRAM voucher Number SECTION 230 SECTION 0 Oate of Requisition 8/1/84 Fiscal Year Ending Date 9.130_/8r; ---For Quarter Ending 1_2,110,/Rd NAME AND ADDRESS OF PUBLIC HOUSING AGENCY (including Zip Code) Indian River Count yy Board of County Commissioners 1840 25th St., Suife S-319, Vero Beach., Fla. 3296 ACC Contract Number A--1Ona ProjactNumberET 29—F.112—ani & nn� No. of Months in Fiscel Year 1 Type of Project: DEPOSITARY BANK (Name, Address and Account Number) Southeast Bank, N.A. , Vero Beach Banking Center, P.O. BOX 40, V. B. Fl. 32960, A/C# 107-453490 EXISTING NEW REHAB. e. Number of Units Under Lease to Eligible Families as of Date of Requisition b. Estimated Number of Units to be under Lease at End of Requested Quarter 1 9 n c. Average Monthly Housing Assistance Payment Per Unit as of Date of Requisition 168 ll) ESTIMATE OF REQUIRED ANNUAL CONTRIBUTIONS (2) TOTAL COST INCURRED TO DATE (3) ESTIMATED ADDTITO END TOTAL COSDESCRIPTION OF REQUESTED QUARTER (4 CUMULATIVE FUNDS REQUIRED (5) PRELIMINARY ADMINISTRATIVE EXPENSE I. Preliminary Administrative Expense—Prior to ACC (Account 4010) 0 0 2. Preliminary Administrative Expense—After ACC (Account 4012) 3. Total Preliminary Adminittrathre Expense (Lines 1 & 2) NONEXPENDABLE EQUIPMENT 4. Replacement of Nonexpendable Equipment (Account 7520) 0 5. Property Betterments and Additions (Account 7540)0 0 0 0 6. Total Nonexpendable Equipment (Lines 4 d 5) HOUSING ASSISTANCE PAYMENTS 7. Housing Assistance Payments (Account 4715) 478,402 ADMINISTRATIiiE FEE 8. Total Administrative Fee Approved for Fiscal Year 67,298 8. Monthly Rate of Administrative Fee (Line 8 dipided by number of months In fiscal year) 5,608- 10. Amount Previously Requisitioned for fiscal year 11. Esdmeted Additional Amount Required to end of Requested Quarter 12. Total Administrative Fee (Lines 10 d 11) INDEPENDENT PUBLIC ACCOUNTANT AUDIT COSTS (section 8 only) 13. Total Independent Public Accountant Audit Costs 29500 , 0 --I SECURITY AND UTILITY DEPOSITS (Section 23 only) 14. Total Allowance Approved for Security and Utility Deposits 15. Amount Previously Requisitioned for Fiscal Year 16. Estimated Additional Amount Required to End of Requested Quarter 17. Total Security and Utility Deposits (Lines 15 & 16) 0 j 0 0 0 AMOUNT OF THIS REQUISITION 18. Total Funds Required to End of Requested Quarter (Lines 3, 6, 7, 12, 13& 17) 19.. Total Partial Payments Received for Fiscal Year to Date 112, 584 0 20. Partial Payment Requested (Line 18 minus Line 19) IST ALMENT 2NO INSTALMENT 3RD INSTALLMENT TOTAL METHOD OF PAYMENT 21. Requested Installment Payments F7L 7 5 2 8 37,528 1 CERTIFY that housing asalstance payments have been or will be made only with respect to units which: (1) are under leas by Familia at the time such houskv assistance payments are made except as otherwise provided in the Housing Atobtance Payments Contracts and (2) the Housing Agency has within one year prior to the making Of such housing assistance payments, adequately Imported or caused to be irapaoli" (including inspection of "rounds, facilities. and areas for the benefit and use of the Families) to assure that decent. sato and sanitary housing ccsbmrtlodatiOro are being provided; that all applicable Pro- visions of the above numbered Contrast have been complied with by the Housing Agency; and that this requisition for annual contributions ha been exam- Inad by mo and to the bat of my knowledge and belief it is true, correct and complete. August 8, 1984 (No of Pum Hous A"en (Date) (Sigma -and Title of official Authorized t rtify) HUD FIELD OFFICE APPROVAL (Signature and Title of Official Authorised to Appraoe) (Date) REGIONAL ACCOUNTING DIVISION Prevalidaiedby: PAYMENTA FOR MONTH OF APIONT DATE CERTIFIED FOR PAYMENT CERTIFIED BY (initials) (Signature) (Date) TOJW Replaces Form HUD -52663 dated June 1974. S V U-7,900 � � r C Approval of Plat Extension for Wood Hollow Subdivision The Board reviewed the following memo dated 7/30/84: TO: The Honorable Members DATE: July 30, 1984 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: PLAT EXTENSION REQUEST • FOR WOOD HOLLOW SUBDJVI-. SUBJECT: SION Robert M. Keating, &TCP Planning & Development Director —Al THROUGH: Mary Jane V. Goetzfried / Chief, Current Development Section FROM: Clare Z. Poupard ap REFERENCES: _Wood Hollow Staff Planner u DIS:CLARE It is requested that the information presented herein be given formal consideration by the Board of County Commissioners at their regular meeting on August 8, 1984. DESCRIPTION AND CONDITIONS: Wood Hollow Subdivision is located on the south side of 5th Street S.W., west of 27th Avenue. The development is ±20.7 acres in size, and is divided into 32 lots. Each of the lots is ±. 5 acres in size. The site is zoned R-1, Single Family Residential (6.2 dwelling units/acre) and it has a LD -1, Low Density Residential (3 dwelling units/acre) land use desig- nation. The project's building density is 1.5 dwelling units/acre. The subdivision received preliminary plat approval on May 4, 1984. Phase I of Wood Hollow received final plat approval on February 8, 1983. This phase consists of the western sixteen lots in the subdivision. However, Phase II of Wood Hollow subdivision has not yet received final plat approval. The preliminary plat approval granted to the subdivision is scheduled to expire on November 4, 1984. The applicants are requesting an 18 month extension of preliminary plat approval for the second phase of the development. ALTERNATIVES AND ANALYSIS: The County's Subdivision Ordinance 75-3- (the ordinance which this subdivision was approved under) states: "The approval of the Board shall have full force and effect for a period of 18 months from the date of ap- proval. An extension may be granted by the Board." Historically, the Board has granted one, 18 month, extension of plat approval to applicants who request it. RECOMMENDATION: Staff recommends that the Board of County Commissioners grant an 18 month extension of preliminary plat approval to Wood Hollow Subdivision, Phase II. 4 AUG 8 1984 BOOK 57 PAL -F881 AUG 8 1984 Bou 57 F'GE 88 ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously granted an 18 -month extension of plat approval for Wood Hollow Subdivision. B. Approval of Final Assessment Roll, 10th Court from 2nd St. to South Relief Canal, and 11th Court from 4th St. to South Relief Canal The Board reviewed the following memo dated 7/26/84: TO: The Honorable Members of DATE: July 26, 1984 FILE: 8-8-84 the Board of County Commissioners THROUGH: Michael Wright, County Administrator SUBJECT: Final Assessment Roll 10th Court - 2nd Street to South Relief Canal 11th Court - 4th Street to South Relief Canal FROM: James W. Davis, P.E. REFERENCES: Public Works Director DESCRIPTION AND CONDITION The paving of 10th Court and 11th Court is complete. The final cost and preliminary estimate for the work was (NIC recording fees) : Final Cost/FF Prelim.Cost/FF Final Cost Prelim. Estimate 10th Court $3.8785 $7.46 $9,633.61 $18,888.00 11th Court $6.2256 $7.09 $38,563.58 $44,276.00 All construction costs are under the original estimates. The Final Assessment Rolls have been prepared and are ready to be delivered to the Clerk to the Board. Assessments are to be paid within 90 days or in two equal installments, the first to be made twelve months from the due date and the second to be made twenty-four months from the due date at the rate of interest established by the Board of County Commissioners. The due date is 90.days after the final determination bf the special assessment. The interest rate shall be 1% over the Prime Rate or 13%. ALTERNATIVES AND ANALYSIS Since.the final assessment to the benefited owners will be less than computed on the preliminary assessment rolls, the only alternative presented is to approve the final assessment rolls. RECOMMENDATIONS AND FUNDING It is recommended that the Final Assessment Rolls for the paving of 10th Court and 11th Court be approved by the Board of County Commissioners and that they be transmitted to the Office of the Clerk to the Board for collection. 5 Administrator Wright explained that he had requested this item be removed from the Consent Agenda because of the change in the interest rate. He advised that the interest rate would be 14% instead of the 13% stated in the above memo. Chairman Scurlock suggested that the interest rate be one point over whatever the prime rate is on the particular day a final assessment roll is approved. .ON MOTION of Commissioner Bird, SECONDED by Commissioner Lyons, the Board unanimously approved the Final Assessment Roll for the paving of 10th Court from 2nd St. to South Relief Canal, and 11th Court from 4th St. to South Relief Canal, at 14% interest rate per annum, as recommended by the Public Works Director. FINAL ASSESSMENT ROLL IS ON FILE IN THE OFFICE OF THE CLERK HOUSING AUTHORITY REQUEST FOR REALLOCATION OF FUNDS The Board reviewed the following budget amendment dated 8/1/84 and letter dated 7/24/84: TO: Board of County Commissioners DATE: August 1, 1984 FILE: SUBJECT: Housing Authority Request for re- allocation of funds FROM: Jeffrey Kt Barton( - 6 �REFERENCES: OMB Director When the Housing Authority's 83-84 Budget was approved, it included expenditures for a project (Victory Park) which would be reimbursed if the project was approved by the Florida Department of Community Affairs. If not approved they would be expended as operating expenses. These expenses total $11,761.56 to date, which the Housing Authority is refunding. C see attached letter) 6 AUG 8 1984 Boo!( 57 NaGE883 A U G 8 1984 Boa 57 t,a, r 88 The Housing Authority would like the Board of County Commissioners to reappropriate these funds to pay salaries for people already on the payroll on a temporary nature. This would give them an extended period of employment to participate in the origoing development of their Victory Park and Treasure Coast projects. If the board agrees with this request the following Budget amendment is required: Reimbursment: Increase Decrease 11,761 Salaries 9,537 Overtime 94 FICA 695 F1. State Ret. 1,098 Health & Life Ins. 525 INDIAN RIVER COUNTY HOUSING AUTHORITY 1840 25th Street, Suite S-319 Vero Beach, Florida 32960 Daphne K. Strickland, Chairman (305) 567-8000 Donald H. Smith Godfrey E. Gipson Ext. 323 Timothy Bradley, Jr. Robert G. Eggleston, Jr. July 24, 1984 Don C. Scurlock, Jr., Chairman _ Indian River County Board of County Commissioners 1840 25th Street Vero Beach, Florida 32960 Dear Mr. Scurlock: The Housing Authority Board is appreciative of the faith and assistance the County Commission has shown in our efforts to provide needed housing. We are happy that we can report progress. The Department of Community Affairs has funded the purchase of a site for the Victory Park Housing Project. We now have title to the land, and the Farmers Home Administration has approved the site. We are in the process of selecting an architectural firm to continue with the planning and funding of this project. In the course of closing the mortgage loan for the Victory Park Project, we will recapture some of the expenses incurred. The specific breakdown is attached as Schedule B. The total reimbursement will be $11,761.56. The Housing Authority Board has approved returning to the County this $11,761.56. We have already sent the first check of $4,018.51 to the accounting department. We enclose our check of $7,000 herewith. The balance of the monies will be returned to the County when they come down from the State. The Housing Authority Board requests that you reallocate these monies to our board and specifically to the salary account of the Housing Authority for several reasons. The rehabilitation program has been -implemented by adding a rehabilitation consultant to our staff (we now have 15 active rehabilitation cases in the Wabasso area); however, because the Farmers Home Administration is short-staffed at this time and 7 there is a delay in processing our applications, we are using this consultant to help out on the Treasure Coast Village project while our regular staff works on Victory Park. In order to keep Treasure Coast Village and the rehabilita- tion projects moving forward, we need this man; and in a short time when we really get involved with Victory Park, we will need even more help. With the reallocation of the above listed funds and with your continued faith and assistance in our efforts, we will be able to increase our services and activities for our County. Sincerely, D hne K,VtOckland Chairman OMB Director Barton summarized the information contained in the above memo and letter, and stated that approval of this budget amendment would not affect next year's budget. He informed the Board that the Housing Authority has the need to clean up some of the accounts on their books and they are asking the Board to reallocate this money so that they can continue to employ Guy Decker and some of the people who have been on their books as temporary employees. The bottom line in this situation is that the Housing Authority cannot finish the fiscal year with the present number of employees. He advised that Mr. Decker was first hired as a consultant on the rehabilitation program, but he is currently helping out on the Treasure Coast Village and Victory Park projects while waiting for the paperwork to come through on the rehabilitation project. Commissioner Bird understood then that the Housing Authority needs this money to finish Mr. Decker's employment for this fiscal year and that this position is budgeted for next year. Chairman Scurlock wanted his position made very clear that he did not want the proposed 6% salary increase for the 0 BOOK 97 FACE 8- AUG 8 1984 BOOK 5, 7 Fd -UF next fiscal year to be applied to someone who has been reclassified, and that policy was to apply to all departments. He pointed out that Ed Regan was reclassified under the Cody Report. Daphne K. Strickland, Chairman of the Indian River County Housing Authority, felt there has been a lack of communication between this Board and the Housing Board, and she hoped that this will change in the next few months as they plan to notify the Commission of their current projects and their future plans. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board by a vote of 4-1, Chairman Scurlock dissenting, approved the above budget amendment as recommended by OMB Director Barton. Chairman Scurlock did not feel that we had succeeded in moving any people out of slum housing because he believed that most of the low cost housing was occupied by middle income families. He stressed that the money should go where it is most needed. Mrs. Strickland felt that the Housing Authority had gained much experience through these two projects. The Commissioners, however, felt that it was very expensive experience. Chairman Scurlock advised Mrs. Strickland that he would support low-cost housing for low-income families, but he would never support housing for middle-income families. Commissioner Wodtke felt that we should consider the possibility of low-cost housing being built by the private sector to provide homes for low-income families and perhaps even middle-income families who have a difficult time (qualifying for mortgages. 9 PROFESSIONAL SERVICES AGREEMENT — TRAFFIC IMPACT FEE ORDINANCE The Board reviewed the following memo dated 7/31/84: TO: The Honorable Members of DATE: July 31, 1984 FILE: the Board of County Commissioners THROUGH: Michael Wright, County Administrator SUBJECT: Agreement for Professional Services - Traffic Impact Fee Ordinance FROM: James W. Davis, P. REFERENCES: Letter from Jerry T. Wentzel, P.E., Public Works Director Barton - Aschman Associates, Inc. DESCRIPTION AND CONDITIONS During the April 4, 1984, regular meeting of the Board of County Commissioners, staff was requested to negotiate an Agreement for Professional Services with Barton-Aschman Associates (the firm selected as the first priority by the selection committee) for the development of a Traffic Impact Fee Ordinance. The County staff has had several meetings with the consultant to develope the scope of work and tentative compensation. In addition, the County Administrator has met with representatives from all of the municipalities in the County to explain the proposed Traffic Impact Fee concept and seek local municipal support and concurrance. ALTERNATIVES AND ANALYSIS The attached agreement contains a detailed scope of work which has been prepared and scrutinized by many County Division heads and representatives from various municipalities. The study phase will evaluate and model the County's Thoroughfare Plan and road system to define existing deficiencies and future adequacy. An analysis of the Hutchinson Island is included as required by the Hutchinson Island Resource Plan recently adopted. These studies, combined with Financial and Legal input, will serve as the technical basis for development of an equitable impact fee structure. To provide the Consultant with local guidance, staff recommends that the following committees be designated to assist in the project: a) Policy Committee - Transportation Planning Committee Voting Complement This committee will act on Transportation policy decisions such as level of service, right-of-way planning, etc. b) Technical Committee - Technical Complement of Transportation Planning Committee This committee will act on technical questions which arise such as traffic generation rates, intersection standards, etc. 10 AUG 8 1984 BOOK 57 FAGS 88 7 AUG 8 1984 aooK 57 FacFSS8 c) Local Relations Committee composed of the following recommended repre- sentatives: 1) Representative from Treasure Coast Builders Association (local building industry). 2) Local developer 3) Chamber of Commerce Representative 4) Local Board of Realtor Representative 5) Vero Beach Civic Association Representative This committee will be developed to serve as a Community minded user group which will be active beginning in the early stages of the Impact Fee devel- opment to address concerns and become familiar with the policies established. RECOMMENDATIONS AND FUNDING Staff recommends that: 1) the Professional Engineering Services Agreement between Barton - Aschman Associates, Inc. and Indian River County be approved. 2) the Chairman be authorized to execute the subject agreement. 3) the establishment of the above committee be approved. Public Works Director Jim Davis presented staff's recommendation for approval of the agreement with Barton- Aschman Associates, Inc. for the development of a Traffic Impact Fee Ordinance. He recommended that three committees be established to work with the Consultant and assist in the development of the project. Commissioner Wodtke suggested that instead of specifying a representative from the Vero Beach Civic Association to serve on the Local Relations Committee, we should just appoint someone from the general public. Chairman Scurlock asked how the $119,000 was to be funded, and Administrator Wright advised that it is a budgeted item and is federal revenue sharing. He explained that $100,000 was budgeted last year and carried forward this year where it was adjusted to $119,000. The Commissioners expressed amazement over the high fees designated under Section VI, ADDITIONAL WORK, and Commissioner Wodtke vowed he would never approve any additional work under those terms. Administrator Wright explained that these rates are salary times 2.5-2.8, which is the rate paid on every 11 engineering contract the County has entered into. He suggested that the daily costs could be changed to reflect the fee formula. Chairman Scurlock wanted assurance then that the basic scope of services is drawn so that no additional work is anticipated and Administrator Wright confirmed that was so. Commissioner Wodtke questioned Item A in Section XI re court appearances and conferences, and asked if the $1600 will be returned if we do not -have two days in court. Attorney Brandenburg explained that was an item that was added at our request. Our concern was that in the event the County was challenged on the impact fee, we didn't feel it was fair to have to pay the consultant to come back and justify the work for which he was already paid. To take care of that proviso, certain allowances for court time were included in the contract. Referring to the fees charged for an attorney per day for additional work, Attorney Brandenburg pointed out that $80-$100 an hour is the same rate charged by most attorneys in this area. He felt $119,000 for the scope of services was a very good price when you consider the amount of money that will be received once the impact fee is implemented and pointed out that this team of engineers was composed of some of the highest regarded experts in Florida. Chairman Scurlock asked if the monies generated from the impact fees could be used to pay the $119,000 professional services fee, and Attorney Brandenburg advised that they could not. Attorney Brandenburg advised that no additional work could be done without the Board's approval of a supplemental work agreement and noted there is nothing to prevent the County from renegotiating the fees at such time that additional work may be needed. He felt, however, that the scope of work contains everything the County needs in order 12 AU G 8 198 Booz �, r . A U G 8 1984 BooK 57 FArE 890 to implement an impact fee and prepare an ordinance. He further noted that the Hutchinson Island study, which has to be done in any event, probably would have cost $60,000 if it was done separately. Director Davis walked the Commissioners through the three phases of work to be done by the consultants. During the preliminary phase, they will look at the road system and take an inventory, including right-of-way widths and actual road widths. In the study phase, all rights-of-way will be drawn on maps along with estimated rights-of-way and the mapping out of the road system. This will give a model of the existing road network to define the deficiencies of the current road system. He noted that the existing deficiencies cannot be corrected with traffic impact fees. The deficiencies should be brought up to a suitable level of service under the capital improvement funding which is separate and apart from revenues received through an impact fee ordinance. Administrator Wright noted that Barton-Aschman was not asked to attend today's meeting. Commissioner Wodtke was concerned whether the engineers would attend the public hearings for the ordinance and wondered if the number of trips included the public hearings. Administrator Wright advised that was one of the things discussed during their recent trip to Tampa and they increased the number of trips to 18, which does not include working trips where they would come over to inventory the system and do the required studies. Director Davis did not anticipate the need for a new sophisticated computer to develop a formula for establishing the impact fees. He felt this could be accomplished on either the present small computer or by hand. Attorney Brandenburg advised that the Engineer will provide the County with a computer analysis of our roadway 13 system, which can be used on either the Public Works small computer or the County's main computer. When a large project comes in, we will be able to plug it into that program and see how it affects the County's Thoroughfare Plan. Commissioner Wodtke questioned the granting of reasonable extensions of contract time under Section IV, TIME FOR COMPLETION on Page 11. Administrator Wright felt that we could not hold the Engineer liable for any delay caused by the County. He pointed out that staff is doing a lot of demographic work not only for this study but the water and sewer studies as well, and they all should coordinate. Attorney Brandenburg stated that in the event a delay was caused by the County in providing necessary data, an extension of time would be granted. There would not be any additional compensation in such a case. If the Engineer felt an extension was needed, he should put the cause of delay in a written request for an extension. Director Davis suggested that a change be made on Page 11 under Sedtion IV - TIME FOR COMPLETION: The last sentence of that section should read: "Reasonable Extension of the Contract time shall be granted in the event there is a delay on the part of the County in fulfilling its part of the work for acts beyond their control." Director Davis pointed out a typo on Page 11 under Section V - BASIC COMPENSATION. The amount of $115,000 mentioned in the last sentence should be $119,000. Commissioner Wodtke noted that, basically, the contract time is seven months (200 days). Director Davis thought that staff would do the most work during the first phase, the inventory phase. He explained that duration of the agreement is two years, 14 AUG 8 1 4 Boa 57 F,t, 891 Booz 57 en)P 892 unless mutually terminated, and if approved, the project would begin immediately. Commissioner Wodtke wondered if Director Davis wanted the responsibility as outlined under Section IX, RIGHT OF DECISIONS, on Page 13. Director Davis thought that the intent is that he will act as the County's liaison. If a policy decision is needed, however, he felt that should be up to the committees, and he suggested that a monthly status report be submitted to the Commission. Commissioner Wodtke noted that they have an appeal provision and Chairman Scurlock suggested that this Commission sit as a policy committee. The Commissioners agreed that Section IX, RIGHT OF DECISIONS, should remain as is because the Board will be making the final decision in any event. Administrator Wright noted that this ordinance must be coordinated with the other municipalities. While the City of Vero Beach will not be building much more, the City of Sebastian will. If the cities do not want to be a part of this, then the traffic impact fee ordinance will not apply to homes built in those cities. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bird, that the Board approve the Agreement for Professional Services with Barton-Aschman Associates, Inc. with the changes as noted above, and authorize the Chairman's signature. Chairman Scurlock cautioned that we are reaching our road capacities on the barrier island, and he felt that if we do not have a vehicle in place soon, development will come to a standstill. 15 Attorney Brandenburg advised that the DCA has approved the scope of work for the Hutchinson Island part of the study. He felt it possible that we may find that our funding levels are sufficient to meet all the needs of the County's road system without imposing traffic impact fees. The Commissioners, however, felt that was very optimistic thinking. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted -on and carried unanimously. AGREEMENT WILL BE PLACED ON FILE IN THE OFFICE OF THE CLERK WHEN EXECUTED AND RECEIVED PUBLIC HEARING - COUNTY -INITIATED REQUEST TO REZONE 125.3 ACRES FROM COMMERCIAL DISTRICT TO AGRICULTURAL DISTRICT The hour of 9:15 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attac VERO BEAC Pub Vero Beach, Indi COUNTY OF INDIAN RIVER: STATE OF I Before the undersigned authority says that he is Business Manager of the V at VeroBeachin Indian River County, Fic . a n /ri� in the i in the Court, was pub t si TJX ` .. Iishetl in said newspaper m the issues of ( s EZ NOTICE — PUBLIC HEARING Affiant further says that the said Vero Beach Press -journal is a newspaper published at Notice Of hearing initiated by Indian River County to Consider the adoption of a County ordi- Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore ice rezoning land from: C-1, Commercial District to A, Aygrtcultural District. The subject property been continuously published in said Indian River County, Florida, each daily and has been located South of 9th Street, S.W., (Oslo • Road/ CR606) � between 58th Avenue (Kings entered as second class mad matter at the post office in Vero Beach, in said Indian River Ccun• hway/CR505A) and 'A of a mile.;East at Nth Avenua. ty. Florida, for a period of one year next preceding the first publication of the attached copy of The subject property Is described as:: advertisement: and affiant further says that he has neither paid nor promised any person, firm THE NORTH 660' F TRACTS 1-4, INCLUSIVE IN SECTION -29. TOWNSHIP 33S, RANGE or corporation any discount. rebate, commission or refund for the purpose of securing this 39E; AND THE NORTH 660' OF TRACTS 1-3, INCLUSIVE, AND THE NORTH 660' OF THE advertisement for publication in the said newspaper. EAST yx OF TRACT 4, IN SECTION 30, TOWNSHIP 33S, RANGE 39E; LESS RIGHTS -OF- ' ry�� WAY OF RECORD, ACCORDING TO THE LAST' GENERAL PLAT OF LANDS OF INDIAN Sworn to and subscri d be re m is 31 day of A.D. 19 _ !RIVER FARMS COMPANY AS RECORDED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC - RECORDS OF ST. LUCIE COUNTY, FLORIDA. SAID LAND NOW LYING AND BEING IN IN- • j01AN RIVER COUNTY. FLORIDA.. A public hearing at which parties in interest and citizens shall have an opportunity to be heard, 9 Busines a r) will be held by the Board of County Commissioners of Indian River County, Florida, in the County _r Commission Chambers of the County Administration Building, located at 1840 25th Street, Vero Clerk of the Circuit Court, Indian River C ty, Florida) Beach, Florida, on Wednesday, August 8, 1984, at 9:15 a.m. If any person decides to appeal any decision made on the above matter, he/she will need a (SEAL) record of the proceedings, and for such purposes, he/she may need to ensure that a verbatim record of the proceedings is made, which includes testimony and evidence upon which the appeal. is based. Indian River County - Board of County Commissioners By: -s -Don C. Scurlock Jr. Chairman July 19, 31, 1984. diver Cooty, Florida) 16 A U G 8 1984 BOOP( 5 7 P,,;F 893 I A U G 8 1984 BOOK 7 Pr, i; 894 The Board reviewed the following memo dated 7/24/84: TO: The Honorable Members DATE: July 24, 1984 FILE: of the Board of County Commissioners COUNTY -INITIATED REQUEST DIVISION HEAD CONCURRENCE: TO REZONE 125.3 ACRES FROM C-1, COMMERCIAL SUBJECT: DISTRICT, TO A, AGRI- Robert M. Keati g, VCP CULTURAL DISTRICT Planning & Development Director FROM: Richard Shearer, AICP REFERENCES: 125.3 Acre Rezoning Chief, Long -Range Planning RICH2 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of August 8, 1984. DESCRIPTION & CONDITIONS The County is initiating a request to rezone 125.3 acres located on the south side of Oslo Road and west of King's Highway from C-1, Commercial District, to A, Agricultural District. This rezoning request is part of the County's administrative rezoning process to establish zoning districts compatible with the Comprehensive Plan. On June 28, 1984, the Planning and Zoning Commission voted 2 -to -1 to recommend approval of this request. ALTERNATIVES & ANALYSIS Because this request is part of the administrative rezoning process, this section will deal primarily with the existing land use pattern, the current zoning pattern, and the subject property's land use designation. Existing Land Use Pattern The subject property consists of citrus groves and undeveloped land. The land north of the subject property contains citrus groves and other agricultural uses and is zoned A, Agricultural District. East of the subject property, across Kings Highway, is undeveloped land zoned Agricultural. South of the subject property are citrus groves and undeveloped land zoned Agricultural. West of the subject property is vacant land zoned C-1, Commercial District. Further west, across 74th Avenue, is the Ocean Spray fruit processing facility and Hercules, Inc. in an M-1, Restricted Industrial District. Future Land Use Pattern The subject property and the land immediately north and south of it have two land use designations. The eastern part of the subject property, located west of Kings Highway and east of 66th Avenue, is designated as RR -1, Rural Residential 1 (up to 17 .4 units/acre). The western part of the subject property, located west of 66th Avenue, is designated as AG, Agricultural (up to .2 units/acre). The land east of the subject property is designated as LD -1, Low -Density Residential 1 (up to 3 units/acre). The land west of the subject property is generally designated as Agricultural. However, there is a 230 acre commercial/industrial node located southwest of the intersection of 74th Avenue and Oslo Road. Based on the land use designations of the subject property and the zoning of the surrounding property, the most appropriate zoning for the subject property is the A, Agricultural District. Transportation System The subject property has direct access to Oslo Road (classified as an arterial street on the County's Thoroughfare Plan). Rezoning the subject property from C-1 to Agricultural would be consistent with the Comprehensive Plan policy of discouraging strip commercial development along major streets. Environment The subject property is not environmentally sensitive nor is it in a flood -prone area. Utilities The subject property is not served by County water nor wastewater facilities. RECOMMENDATION Based on the above analysis, including the Planning and Zoning Commission's recommendation, staff recommends that the subject property be rezoned from C-1, Commercial District, to A, Agricultural. Richard Shearer, Chief of Long Range Planning, presented staff's recommendation to rezone 125.3 acres located on the south side of Oslo Road and west of King's Highway from Commercial District to Agricultural District. Chairman Scurlock noted that the Planning & Zoning Board voted 2 to 1 for recommendation of the rezoning and that a full Board was not present. Mr. Shearer pointed out two presently established nodes along the Oslo Road corridor: an 80 -acre node at the intersection of U.S. #1 and Oslo Road and a 230 -acre node southwest of the intersection of 74th Avenue and Oslo Road. He noted that the Board also will be considering a request next week to establish a 50 -acre node at 27th Avenue and Oslo Road. In addition, there is a MXD area which is split W BOOK 7 - FACES% AUG 8 1994 Boa 57 eacE8,6 into two districts that cover the major portion of the property between U.S. #1 and 43rd Avenue. Chairman Scurlock opened the Public Hearing and asked' if anyone wished to be heard in this matter. Norman Hensick, Jr., agent representing Mrs. Paul R. Robertson, stated her opposition to the rezoning of the subject property and presented the following letter. 5785 8th Street Vero.3each, F1. 32962 Aug.. 6, 1984 .8 Board of County bommissioners Indian River County Dear Sirs: Re: Notice of Public Hearing for rezoning of property described as: The N 6601 of Tracts 1 thru 4, incl., in Sec. 29-33-39: and the N 6601 of Tracts 1 thru j, incl., and the N 660' of the'E' of Tract 49 in Sec. 30-33-39, Less rights-of-way- of record, accord- ing to the Last general Plat of Lands of .Indian River Farms Co., as recorded in PB 21.•pg. 25, of the Public Records of St. Lucie Count , Fla.; said binds now lying and being: in Indian �iver b=ounty, Fla. We objectod to the proposed change from C-11 Commercial District to A, Agricultural District before the Planning and Zoning Commission on June 28, 1984: 'We feel that our closeness to' the Ocean Spray Plant, the Correctional Institute, the Land Fill and the proposed Packing House, make this change in zoning ill advised. I. am speaking not only in my behalf but on the behalf of our children; Mr. & Mrs. Thomas Clark P,- Mr.' & Mrs. John Amos, and.Mr..& Mrs. C. Reed Knight, Jr. We hope you will support us in our efforts to preserve our existing zoning. Sincere , Mrs. Paul R. Robertson Mr. Hensick stated that the property has always been zoned Commercial and Mrs. Robertson feels it should remain Commercial in keeping with their closeness to the Ocean Spray Plant, the Correctional Institution, the County Landfill and Hercules Chemical. Mrs. Robertson believes that with the development of the County out in that area 19 there is going to be a need for commercial and industrial zoning and it serves no purpose to change the zoning to Agricultural. Mr. Hensick pointed out that there was a large attendance at the Planning & Zoning meeting at which a recommendation was voted on without a full Board being present, and he thought that if a full Board had been present, it might have resulted in a different outcome. Commissioner Bird asked Mr. Hensick to point out Mrs. Robertson's land on the land use map. Mr. Hensick presented the following letter of opposition from Thomas and Penny Clark and asked that it be made part of the record. He asked the Commission to give this matter careful thought and hoped they would see fit not to rezone the subject property at this time. Thomas and Penny Clark 3400 Cedar Knoll Drive Roswell, Georgia 30076 August 3, 1984 TO: Hoard of Commissioners of Indian River County, Florida ATTENTION: Ms. Freda Wright, Clerk SUBJECT: Rezoning Public Hearing of property as referenced by Ms. Wright letter of July 2, 1984 (Oslo Road between Kings Highway and 74th Avenue). As property owners in the above area we wish to notify you of our opposition to the proposed rezoning to A from C-1. It has been apparent for a number of years that Oslo Road is emerging as a major west -east artery in Indian River County and that adjacent properties would be affected. Planners recognized this fact when the area was zoned C-1. The recent commercial development of Ocean Spray and residential develop- ment substantiate this. It would appear that rezoning this area back to agricultural is contrary to the reality of the situation. Thus we stand opposed to the rezoning. Please accept this as entitling Mrs. Paul R. Robertson. or her representative to speak on our behalf in opposition to the rezoning. Sincerely, Thomas E. Clark Penny R. Clark ' 20 AUG 8 1984 Bou 5 7 Ft,;E 89 j� AUG 8 1994 BOOK FADE 8,98 Planning & Development Director Robert Keating stated that the land use map designates the subject property as Agricultural and for it to retain its Commercial zoning there would have to be some kind of a node established in that area. There was considerable discussion at the Planning & Zoning meeting about a node being established somewhere in that general area sometime in the future when conditions warrant it. It is staff's position, however, that strip zoning along that corridor should not be encouraged. Chairman Scurlock felt that the property is too far removed to be included in a node. Commissioner Bird related the anguish and efforts gone through for seven years in establishing the Comprehensive Land Use Plan and he felt that this proposed rezoning is just the process to bring the subject property into compliance with the Comp Plan which was adopted in January, 1982. It was thought at that time that it was premature to have Commercial in this area. He agreed that if the interchange is built at I-95 and Oslo Road, it will certainly result in a demand for Commercial and Residential. It is just a question of whether the demand is there now. Commissioner Lyons stressed that we don't want to end up with strip zoning along that corridor, and Commissioner Wodtke asked Mr. Shearer if they had considered making the area into a MXD District. Mr. Shearer stated that since this area is undeveloped, staff did not feel it was appropriate to give it a MXD status. Chairman Scurlock agreed that we have used our MXD primarily for areas which were already substantially developed to provide the flexibility to do something in those areas. 21 Mr. Hensick felt that Mrs. Robertson would prefer MXD rather than Agricultural zoning because of the difficulty and expense involved in coming back back and getting the land rezoned. Karen Amos stated that she and her husband own the property on the corner of Oslo Road and Monroe Road, approximately one mile from the Ocean Spray Plant and one-half mile from the Hyatt Fruit Company. She reported that another packing house is,to be built across from the Ocean Spray Plant. She stated that she and her husband are opposed to the rezoning for the same reasons given by Mr. Hensick. Mrs. Amos noted that the proposed rewriting of the Agricultural zoning omits packing houses, as well as other service businesses; in fact, even nurseries which sell to the public have been omitted. She thought that they would be very severely limited to what they could do with their property in the future if it is rezoned to Agricultural. Director Keating explained that Mrs. Amos was referring to the draft of the Agricultural and Residential zoning in the new Zoning Code and he had instructed the consultant to change that restriction in the Agricultural District. From his perspective, it is very difficult to determine the difference between agriculturally and industrially oriented businesses. Both are still included in the Agricultural District as special exception uses. In the new Zoning Code, each special exception use must meet specific criteria before it can be approved. In developing that specific criteria, packing houses were excluded originally, but he directed the consultants to put those back in because he thought they were appropriate. Mrs. Amos felt that with three packing houses within a three-mile radius, service type businesses will be needed and that would help meet the criteria. 22 BOOK 57 FAIJE 899 A U G 8 1984 BOOK 57 FnUE 900 Thomas Metts, agent representing property owners Stephen Boyd and Curtis Knight, stated that they wish to go on record as being opposed to the proposed rezoning to Agricultural. Mr. Metts stated that their arguments are also the same as those given by Mr. Hensick. Commissioner Bird noted that there is a 230 -acre commercial/industrial node by Ocean Spray, and if anyone wants to build a convenience store, a gas station, or other service type business, it can be included in that node. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously closed the Public Hearing. Commissioner Wodtke asked if we could consider rezoning just part of the land; Attorney Brandenburg advised that could be done. Commissioner Bird did not know how we could accommodate these people without creating three strip zonings because the properties are so spread out. Chairman Scurlock was in favor of the Planning & Zoning Commission's recommendation to rezone to Agricultural. Commissioner Wodtke made a Motion to adopt an ordinance to rezone the area from Kings Highway (58th Avenue) to 66th Avenue. The Motion died for lack of a Second. Commissioner Bird indicated that he would vote for the rezoning as long as there are assurances that the boundaries of the node at the corner of 74th Avenue are flexible and that requests for expansion to the east would be considered as well as expansion to the west. With those assurances, he felt that we would have allowed for considerable additional service area to accommodate the expanded commercial that is contemplated, but he stressed that we have to be consistent. 23 MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bowman, that the Board adopt Ordinance 84-48, providing for the rezoning of 125.3 acres located on the south side of Oslo Road and west of Kings Highway from C-1, Commercial District, to A, Agricultural District. Under discussion, Mr. Shearer advised that out of the 230 -acre commercial/industrial node, only 40 acres are now in use by Ocean Spray and Hercules Chemicals. It has not been determined as yet what percentage of the acreage is commercial and what is industrial. Commissioner Bird felt that agriculturally oriented uses should be allowed in Agricultural Districts, certainly packing houses. Director Keating agreed. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion carried by a vote of 4-1, Commissioner Wodtke dissenting. 24 AUG 8 1984 roK 57 F`,F991 BOOK 57 Par, ORDINANCE NO. 84-48 WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property and pursuant thereto held a public hearing in relation thereto, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be amended as follows: 1. That the Zoning Map be changed in order that the following described property situated in Indian River County, Florida, to -wit: THE NORTH 660' OF TRACTS 1-4, INCLUSIVE, IN SECTION 29, TOWNSHIP 33S, RANGE 39E; AND THE NORTH 660' OF TRACTS 1-3, INCLUSIVE, AND THE NORTH 660' OF THE EAST i OF TRACT 4, IN SECTION 30, TOWNSHIP 33S, RANGE 39E, LESS RIGHTS-OF-WAY OF RECORD, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF INDIAN RIVER FARMS COMPANY AS RECORDED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. Be changed from C-1, Commercial District to A, Agricul- tural Distirct. 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 8th day of August 1984. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: /iy.G "�Z"/ DON C. SCURL CK, JR. Chairman 25 PUBLIC HEARING - AMENDMENT TO THE TRANSPORTATION ELEMENT OF THE COMPREHENSIVE PLAN 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 NOTICE = PUBLIC HEARIN6 TO 15. Reclassify bath Avenue between Oslo Road and 17th Street, S.W. from Published Daily AMEND THE TRANSPORTATION ELEMENT OF THE COMPREHENSIVE PLAN an Arterial to a primary collector, between 17th Street, S.W. and 21st Street, S.W. Vero Beach, Indian River County, Florida Notice of hearing to consider the foliowin Proposals to emend the Transportation Element; of the Comprehensive Wan by,making We follow-; from an Arterial to.a Secondary Coltec - tor, and between 21st Street, S.W. south ing changesc', ' 4`; ; P. `.: ° ' 1 .-maintained to the County line from an Arterial to a local street. COUNTY OF INDIAN RIVER: STATE OF FLORIDA A. Delete roadw ways. -ma y the b , pity O} Sebastian- Incorporate 16. Add 37th Street between U.S. 41 Before the undersigned authority y appeared J. J. Schumann, Jr. who on oath g y personal) says that he is Business Manager of the Vero Beach Press-Joumal, a daily newspaper published roadways as shown on Sebastian's Comprehensive „ Plan, ' "- and the extension of Indian River Bowle- ward as a Seconds Collector. Secondary at Vero Beach in Indian River County. Florida; that the attached copy of advertisement, being Q, Designate additional second gip►- ' " 17• Delete service roads along U.S. #1. A public hearing at which parties in interest ' I a lectors for Vero Lake Estates: ; , a) Add 86th Street from 101st and Citizens shall have an opportunity to be heard, will be held b the Board of County Com- "� ff, b) Add 77th Street from 74th Avenue missioners of Indian River County, Florida, in the County Commission Chambers of the County in the matter of to 106th Avenue..,:..,.., .. c) Add 92nd Avenue from 77th Administration Building, located at 1840 25th Street: Vero Beach, Florida, on Wednesday, Street to 86th Street. Aug - ust, 8, 1984, at 9:30 a.m. d) Add 98th Avenue from 77th' Street to 86th Street. .- If any person decides to appeal any decision made on the above matter, he/she In the Court, was pub- e) Add 106th Avenue from 77th Street to CR 512: will need a record of the proceedings. and for such pur- he; she may need to 3� Show Connection of ,26th. Street to ensure that a verba - m record of the proceedings is made, which in- of Iished in said newspaper in the issues of j0ses. 74th Avenue (existing bridge). ludes testimony and evidence upon which the 4. Extend Indian River Boulevard north is based. : from SR 60 to 53rd Street at U.S. #1. ` ppeal I �z Indian River County ' 5. Delete the primary collector diago- j Board of County Commissioners nally extending between 66th Avenue ' _ By: -s -Don C. Scurlock Jr. Affiant further says that the said Vero Beach Press-Joumal is a newspaper published at and Powerline Road north of CR 510' de f Chairmen Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore Indian River County. Florida, each daily and has been )ete Powerline Road as a primary collet- for and add Schumann JukjLL1, 198q: _ _ l• .;i-" j been continuously published in said entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- Urive as a pri- marycolleCtor. ty, Florida, for a period of one year next preceding the first publication of the attached copy of 6. Delete roadways maintained bj, the ' advertisement; and affiant further says that he has neither paid nor promised any person, firm City of Vero Beach. or corporation any discount, rebate. commission or refund for the purpose of securing this 7- Reclassify 27th Avenue from a pri- advertisement for publication in the said newspaper. , mary collector to an arterial - $:.Add a future interchange on'I 95 at ; Osfa•Road. Sworn to and subscri be re me is day of A.D. 19 �J� • . j' . 9. Add 98th Avenue as a. secondary collector between SR 60 and Oslo.Road; Vo (Busine, Ma er) extend 4th St,eet west Of 90th Avenue to 98th Avenue. _•.: +_ / �: ,-; �i 10. Delete SW 19th Avenue :south of .. _ (Clerk of the Circuit Court, Indian diver r nty, Florida) J Oslo Road and add SW 20th Avenue be - tween Oslo Road and SW 17th Street. (SEAL) . 11. Connect SW 1st Street -to 58th Ave- nue from the east (existing bridge). 12. Connect SW 5th Street to 58th Ave- nue from the west and delete connection from the east (no existing bridge). 13. Reclassify Indian River Boulevard from a primary collector to an arterial. 14. Redesignate the secondary collector System within Vero Beach Highlands: a) Delete SW 8th Avenue be- tween SW 13th Street and SW 25th Street/Add SW 6th Avenue between SW 17th Street and Highland Drive. b) Delete SW 10th Avenue be- tween SW 5th Street and Oiso ' Road/Add SW 12th Avenue be- tween SW 5th Street and High- land Drive. . c) Delete SW 25th Street. The Board reviewed the following memo dated 7/24/84: 26 AUG 8 1984 BOOK 57 Fa,F 9113 BOOK 57 Pr.;E 904 TO: The Honorable Members DATE:July 24, 1984 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: AMENDMENT TO THE SUBJECT: ELEMEENTRION OFTTHE Robert M. Keati g, (5XCP COMPREHENSIVE PLAN Planning & Development Director FROM: Richard M. Shearer, AICP REFERENCES: Trans. Element Chief, Long -Range Planning CHIEF It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of August 8, 1984. DESCRIPTION & CONDITIONS Mr. Michael Orr, County Traffic Engineer, has recommended several changes to the County's Thoroughfare Plan which is part of the Transportation Element of the Comprehensive Plan. If adopted, these changes would alter the future right-of-way requirements for the affected roads. On March 22, 1984, the Planning and Zoning Commission voted 4 -to -0 to recommend approval of these proposed amendments. On April 10, 1984, the Transportation Advisory Committee voted unanimously to recommend approval of these proposed amendments. On May 7, 1984, the Florida Department of Community Affairs approved these proposed amendments. On May 21, 1984, the Treasure Coast Regional Planning Council approved these proposed amendments. ALTERNATIVES & ANALYSIS The Planning Department has reviewed these proposed changes to the Thoroughfare Plan and has determined that they will not significantly affect the Land Use Plan, and will provide a better functional classification system based on the present character and projected traffic volumes for these roads. RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the attached changes to the Thoroughfare Plan as an amendment to the Transportation Element of the Comprehensive Plan. Planner Richard Shearer presented staff's . recommendation that several changes be made in the County's Thoroughfare Plan which is part of the Transportation Element of the Comprehensive Plan. 27 �-1 Chairman Scurlock opened the Public Hearing and asked if anyone wished to be heard in this matter. Frank Zorc, local realtor, questioned the priorities of the proposed changes as listed in the newspaper. Mr. Shearer advised that this is not a priority list by any means. It is just a number of changes staff felt should be made to the plan. Public Works Director Jim Davis confirmed that the Transportation Planning Committee sets the priorities. Mr. Zorc noticed that the newspaper mentioned the previous controversy re the northerly extension of Indian River Boulevard and he felt the reason for that controversy a few years back was that the primary reason for the extension was to serve development in the area and not to provide a U.S. #1 by-pass. He felt that the Commissioners all realize that when developers need access to their property, the road is paid for by those developers and the right-of-way is donated. Mr. Zorc strongly believed that policy should remain intact. Lomax Gwathmey, President of The Civic Association, read the following letter aloud: August 7, 1984 The Board of County Commissioners Indian River County Florida 1845 25th Street Vero Beach, FL 32960 RE: Indian River Boulevard Extension Northward Dear County Commissioners, This Association would like to go on record as recognizing the need for extending Indian River Boulevard northward to facilitate future north -south traffic flow in parallel with and connecting into U.S. 1 and for dual access to Indian River Memorial Hospital. However we would further state that we are unalterably opposed to any compromises in design which might jeopardize any and all land to the west by possible flooding. 28 BOOK 57 Fm,E905 BOOK 57 Fa,F996 We would call attention to the original designs of this important artery, which elevated the roadway on pilings where required to facilitate adequate and proper drainage of areas to its west. Obviously this adds to the cost, but even so, construction of this road must be done in the proper manner and we will resist any design compromises. Yours very truly, 7 7z. z. Lomax Gwathmey, President For the Board of Directors Sheldon Smith, President of the Country Club Pointe Property Owner's Association, Inc., read aloud the following letter: COUNTRY CLUB POINTE PROPERTY OWNER'S ASSOCIATION, INC. ISCUGOLFVIEW DRIVE VERO BEACH, FLORIDA 32960 August 8, 1984 Mr. Don C. Scurlock, Jr., Chairman Board of County Commissioners of Indian River County 1840 25th Street Vero Beach, FL 32960 Dear Mr. Scurlock: The extension of Indian River Boulevard north from SR 60 to 53rd Street at U.S. 1 would no doubt be of great benefit to Indian River County. As the President of the Country Club Pointe Property Owners' Association? I do have some points of concern that I would like to go on record. 1 - The water drainage situation in our area is critical to all of us as we don't want our homes to be flooded. It is essential that water from Golfview Drive be allowed to flow eastward, as it always has, and that there is no elevation in thelandfill east of Golfview Drive, as this would stop our drainage and cause flooding in our area. 2 - To allow the drainage to continue as is and not interrupt its flow to the Indian River, I suggest that any extension of Indian River Boulevard be placed on pilings. 3 - Should the pilings not be feasible, then I suggest a series of bridges over all the creeks and waterways through the area; particularly, opposite the eastern end of Golfview Drive. Thank you for considering the safety and welfare of our homes and neighborhood in this matter. Yours truly, Sheldon R. Smith President 29 ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously closed the Public Hearing. Chairman Scurlock noted that we have had good dialogue with the property owners involved in the southerly extension of Indian River Boulevard and it is the intent of most of those owners to dedicate the rights-of-way. As to the northerly extension, there has been discussion about paying a portion, or possibly a significant portion, of the costs for that segment. Chairman Scurlock just wanted it made clear that he was never opposed to the northerly extension, but he was opposed to its being the #1 priority in Indian River County. He stated that he intends to support the extension to the north and to the south and felt that is consistent with the planning done by the Transportation Planning Committee. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Lyons, the Board unanimously adopted Ordinance 84-49, providing for certain changes to the Thoroughfare Plan as an amendment to the Transportation Element of the Comprehensive Plan. 30 AUG 8 1984 BOOK 7 P'_jE • BOOK 57 Fnr ORDINANCE NO. 84-49 Ali ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AMENDING THE THOROUGHFARE PLAN MAP IN THE TRANSPORTATION ELEMENT OF THE COMPREHENSIVE PLAN BY DELETING, ADDING, EXTENDING, AND RECLASSIFYING CERTAIN ROADS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to amend the Thoroughfare Plan Map in the Transportation Element of the Comprehensive Plan 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 Thoroughfare Plan Map in the Transportation Element of the Comprehensive Plan of Indian River County, Florida, be amended as follows: 1. Delete roadways maintained by the City of Sebastian, as determined by the Florida Statutory functional reclassi- - fication system. Incorporate roadways as shown on Sebastian's Comprehensive Plan. 2. Designate additional secondary collectors for Vero Lake Estates to reserve for future growth: a) Add 86th Street from 101st Ave. to 106th Ave. b) Add 77th Street (Hobart Road) from 74th Ave. to 106th Ave. c) Add 92nd Avenue from 77th Street (Hobart Road) to 86th Street. d) Add 98th Avenue from 77th Street to 86th Street. e) Add 106th Avenue from 77th Street to CR 512. 3. Show connection of 26th Street (Walker Ave.) to 74th Avenue (Range Line- Road). 4. Extend Indian River Boulevard north from SR 60 to*53rd Street (Kingsberry Road) at U.S.#1 when a suitable route is determined to provide for a future U.S.#1 bypass route. 5. Delete the primary collector diagonally extending between 66th Avenue and Powerline Road north of CR 510; delete Powerline Road as a primary collector and add Schumann Drive as a primary collector. 6. Delete roadways maintained by the City of Vero Beach, as determined by the Florida Statutory functional reclassifi- cation system. 7. Reclassify 27th Avenue (Emerson Avenue) from a primary collector to an arterial. 8. Add a future interchange on I-95 at Oslo Road. 9. Add 98th Avenue as a secondary collector between SR 60 and Oslo Road; upgrade 4th Street (Citrus Road) west of 90th Avenue to 98th Avenue from a local road to a secondary collector. 31 I d, 10. Delete SW 19th Avenue south of Oslo Road and add SW 20th Avenue between Oslo Road and SW 17th Street. 11. Connect SW lst Street (R. D. Carter Road) to 58th Avenue (Kings Highway) from the east. 12. Connect SW 5th Street (Rebel Road) to 58th Avenue (Kings Highway) from the west and delete connection from the east. 13. Reclassify Indian River Boulevard from a primary collector to an arterial. 14. Redesignate the secondary collector system within Vero Beach Highlands by: a) Deleting SW 8th Avenue between SW 13th Street and SW 25th Street/Add SW 6th Avenue between SW 17th Street and Highland Drive. b) Delete SW 10th Avenue between SW 5th Street and Oslo Road/Add SW 12th Avenue between SW 5th Street and Highland Drive. c) Delete SW 25th Street. 15. Reclassify 58th Avenue (Kings Highway) between Oslo Road and 17th Street, S.W. from an Arterial to a primary collector, between 17th Street, S.W. and 21st Street, S.W. from an Arterial to a Secondary Collector, and between 21st Street, S.W. south to the County line from an Arterial to a local street. 16. Add 37th Street (Barber Avenue) between U.S.#1 and the extension of Indian River Boulevard as a Secondary Collector. 17. Delete service roads along U.S. #1. All with the meaning and intent and as set forth and described in said Transportation Element, and as shown on the official Thoroughfare Plan Map, dated August 1984, attached hereto and incorporated herein by reference. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on the 8th day of August, 1984. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: / G Don C. Scurlock, Jr &/, Chairman PUBLIC HEARING - ORDINANCE AMENDING THE RECREATION AND OPEN SPACE ELEMENT OF THE COMPREHENSIVE PLAN The hour of 9:45 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: 32 AUG 8 1984 _ BOCK 57 Fri ",F 9U9 VER® 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 in the matter of -9 in the Court, was pub- lished in said newspaper in the issues of l / 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. n Sworn to and subscribed befcue me (Clerk of the (SEAL) day of 11+(4 A.D. 19 Court, Indian Riverjg6unty, Florida) Boor 57 FnAIO NOTICE — PUBLIC HEARING TO CONSIDER AMENDING THE RECREATION AND OPEN SPACE ELEMENT OF THE COMPREHENSIVE PLAN Notice of public hearing to consider the fol - owing proposals to amend the Recreation and DpenSpace Element by: 1. ReorganiAng the classification sys- tem for parks within Indian River County 2. Changing the existing priorities in the Recreation &Open Space Priorities Sec- tion: 3. Deleting the word "Acquire and in- serting the word 'Develop" under ample- mentation Strategies; and 4. Adding a fourth strategy which 'would enable the County to establish ,park development on a phased basis. . A public hearing at which parties.in interest nd citizens shall have an opportunity to be Bard, will be held by the Board of :County Com- Issioners of Indian River County, Florida; in the - County Commission Chambers of the County Administration Building, located at 1840 25th Street, Vero Beach, Florida, on Wednesday. Aug- ust, 8, 1984, at 9:45 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 evidence upon which the appeal is based. Indian River'County Board of County Commissioners By: -s -Don C Scurlock Jr. Chairman July 18.31, 19$4. The Boardreviewed the following memo dated 7/24/84; TO: The Honorable Members DATE: July 24, 1984 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: AMENDMENT TO RECREATIONAND OPEN SPACE ELEMENT 00 r SUBJECT: OF COMPREHENSIVE PLAN Robert M. Keating,- AI Planning & Development Director FROM: IQs Richard M. Shearer, AICP REFERENCES: Rec & open space/P&Z Chief, Long -Range Planning CHIEF It is requested consideration by regular meeting that the data herein the Board of County of August 8, 1984. 33 presented be given formal Commissioners at their s DESCRIPTION & CONDITIONS The County staff has initiated a request to amend the Recreation and Open Space Element of the Comprehensive Plan. Major provisions of this amendment are to restructure the park classification system in the plan, adjust the Recreation and Open Space Priorities section, and add a phased development program under the Implementation Strategies Section. On March 22, 1984, the Planning and Zoning Commission voted 4 -to -0 to recommend approval of these proposed amendments., On April 12, 1984, the Recreation Advisory Committee voted unanimously to recommend approval of these proposed amendments. On May 7, 1984, the Florida Department of Community Affairs approved these proposed amendments. On May 21, 1984, the Treasure Coast Regional Planning Council approved these proposed amendments. ALTERNATIVES & ANALYSIS The staff is requesting to restructure the park classification system to better reflect the types of parks the County has instead of trying to fit the County's parks into the existing classification system which is designed for municipal parks. Also, Marine Island Parks are not included in the existing classification system. Under the Recreation and Open Space Priorities section, park development has been added as the top priority,replacing establishing specific standards which apply to recreation and open space needs in the County which becomes the second priority. Acquisition of additional land for recreational use is changed to a lower priority because of the large amount of new park lands acquired in the last two years. Under the Implementation Strategies section, a phased develop- ment program provision is added. This provision would expedite the opening of recently acquired recreation and open space lands prior to the complete development of the site. RECOMMENDATION Based on the above analysis, staff recommends that the Board of County Commissioners adopt these amendments to the Recreation and Open Space Element of the Comprehensive Plan. 33a AUG 8 1984 Boor 57 �r� ' '911 L_1 AUG 8 1984 BOOK 57 FmGE Planner Shearer advised that the major changes involve the restructuring of the priority system. Since the County has acquired substantial park land in the last few years, the top priority will be on the development of existing park land. The other major change involves the reclassification of the parks system, which was originally set up for municipal parks. There will be regional parks such as Kiwanis-Hobart; community parks, which will be smaller in nature; and beachfront and riverfront parks. They are also adding a provision for marine island parks. Commissioner Bird noted that staff, in conjunction with the University of Florida, has prepared master park plans for Kiwanis-Hobart, Round Island, Dale Wimbrow, and Donald MacDonald Parks. Although the Commission has not formally adopted those master plans, the County is using them as a guide as we continue to make improvements in those parks. ON MOTION by Commissioner Bird, SECONDED by Commissioner Lyons, the Board unanimously closed the Public Hearing. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously adopted Ordinance -84-50, amending the Recreation and Open Space Element of the Comprehensive Plan. 34 ORDINANCE NO. 84-50 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA REVISING AND REENACTING THE RECREATION AND OPEN SPACE ELEMENT OF THE COMPRE- HENSIVE PLAN OF INDIAN RIVER COUNTY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to amend the text of the Recreation and Open Space Element of the Comprehensive Plan and pursuant thereto held a public hearing in relation thereto, at which parties in interest and citizens were heards; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that: Section One: The text of the Recreation and Open Space Element of the Comprehensive Plan of Indian River County, Florida, be amended in its entirety and reenacted with the additions and deletions set forth herein, as follows: 35 BOOK 57 FAGE 913AUG 8 1984 _ J -AUG '8 1984 BOOK57.FnJE914 RECREATION AND OPEN SPACE ELEMENT INTRODUCTION: This element serves as a guide to plan for current and future demands for recreation and open space. Basic principles of the recreation and open space element include: 1. The collection of sufficient information to allow for assessment of alternatives and making informed decisions; 2. Planning by a multi -disciplinary team of managers, planners and technical experts; 3. Public participation should be encouraged in the planning process; 4. Flexibility in order to adapt to changing demands. RECREATION AND OPEN SPACE OBJECTIVES: 1. To provide a wide range of recreational opportunities which meet the current and future demands of all segments of the community; 2. To use natural resources to full advantage in meeting recreation and open space needs; 3. To preserve the unique and irreplaceable natural resources; V_ 4. To coordinate with State, Regional and Municipal levels.. of government in providing recreational opportunities; 5. To integrate recreational space and facilities into all urban residential areas. RECREATION POLICIES: The park system shall be expanded to insure that all residents have adequate recreational opportunities. This system shall be composed of .thxa.P_ four types of parks: CODING: Words in type are deletions; words underlined are additions. -1- 1. A Regional Park - This park type is designed to serve the entire County. Facilities that would be impractical to provide on a smaller scale should be offered. One park of this scale will be sufficient to adequately serve the County for the immediate future. -2:--Histrict-€arks- i`hese-parr types- inc-rade-tD-t rots, aeilhbe-rheed-pe-rks-aed-eemmufl4:t * pdT-ks .--Tied-die des-igeeel- to- se-rve- a- eemmee4.ty6l s- 4 el-iate- adelegaaseel-eeeatieadg-aeeels:--�fleatea;--sem.-ze- aad-as the -e - iese-pa-r-ts-sues-ld-be-besed-spec demand: -- A- 2. Community Parks - These are generally -IS- five-to-fifteen acres et- -d-refer and serve general family recreational needs. Facilities wouldae�sde-obese-etrnel- aeigibeheeel-paw#s-bet-�aes�el-apse provide lighting of same courts and playfields for night use. Quiet areas for picnicking or relaxation would also be mere-exteas-ive-than these provided in ne4gihbe-rheed community parks. Indoor recreation centers and swimming pools are often located in community parks. Restroom facilities should be included. Special facilities such as tennis courts, racquetball and shuffleboard can also be offered in community parks. 5..--�Ieighberhee�l-Parks-=-these- are-general�.y-S-nares-er larger_and- are _deueloped_saith_ gesieral_p1a�r_apparatusball diamonds- and_general_apes - play- fields -__ Limited -passive _ areas teiith_picnic_tables_ma�z_also_be_included___Smaller_tot_lots_or mini-parks_distributed_in_the_neighborho.od_can_augment_the_ neighborhood_park___Special_facilities_such_as_tennis_courtsy_ racquetball-and_shuffleboard_can_also_be_oftered_in neighborhood_parks- CODING: Words in stEuek-threagh type are deletions; words underlined are additions. -2- AUG 8 19 _ aoor V7 ;.A.vE%915 -AUG 8 1984 BOOK .5 ra E Q eA�eyiue.a�._o�_.t�atural- resaurses� 3. Beach, Lake, & Riverfront Parks/Accesses - These parks are designed to provide various user groups with access to - water-based activities. Design orientation shall be toward enjoyment and preservation of natural resources. 4. Marine Island Parks - This park type is created through the MP Marine Park District of the Indian River County Zoning Ordinance. As explained in the description of the district, the purpose of establishing marine island parks are: a) To conserve and preserve the physical features and natural habitat in a pristine like condition of lands and water resources that are either owned or controlled by Indian River County. b) To provide and maintain open space and recreational areas. c) To provide, maintain and protect environmental areas for the preservation of the natural plant and wildlife habitat found in areas owned or controlled by Indian River County. OPEN SPACE POLICIES: "A. The value lies in its functions: as a definer of space; as a buffer of uses; or as a visual amenity. Open space can meet part of an area's needs by providing a place for people to enjoy the outdoors in a natural setting. The following policies will guide County efforts to retain open space in its future development pattern. 1. Public Parks and Other Public Lands - Public parks and other public facilities will be situated in a development pattern which permits landscaped spaces CODING: Words in type are deletions; words underlined are additions. -3- ® M to have optimum impact on organization of the community. Use considerations will include: a) Protecting important views to open land and water; b) Providing buffers between potentially conflicting areas of use; c) Preserving unique natural vegetation or wildlife habitats. 2. Open Space in Land Development - The County will encourage development approaches which retain sub= stantial areas of open space. Landscape and setback requirements for all types of development will be designed to integrate green space into the development pattern. 3. Scenic Corridors - The County will initiate a long- range program for the preservation of scenic routes on roads that offer significant and unique views and settings for public enjoyment. This will protect the quality of views on the route from development of adjacent property, and insure that use intensity and congestion do not detract from the public's opportunity to enjoy a leisurely scenic drive. INVENTORY AND ANALYSIS: ,. Presently, recreational opportunities are provided by the County, Municipalities, schools and various private sources. (See Tables 1-4.) National and State recreation standards guide in determining the demand for park space. The standards indicate approximately 5 acres per 1,000 population should be allocated to a; +Y;n-f- community parks. An additional 5 acres per 1,000 population should be allocated to regional and special use parks. The 1980 Census figures for the unincorporated areas of the County indicate a population of 38,582. Based on the space CODING: Words in-s*-T�ue# t-�i 4au4g-h type are deletions; words underlined are additions. -4- BOOK 57 PAGM7 A AUG 194 Booz 9 7 918 standards, an estimated 193 acres should be devoted to district community parks. The County should provide community parks for the unincorporated areas (38,582 people) and the municipalities should provide community parks for the population in the incorporated areas of the County. Table 1 indicates that much of the County park land is dedicated to Bpeeia-l-fHse beach, lake and riverfront parks. Approximately `55 acres is utilized for Community parks. An additional 4.7 acres of mini -park land which is vacant and not suitable for development, is scattered throughout the County. 1980 Census figures indicate a County -population of 59,896. According to space standards, approximately 300 acres are required for regional and spe-cia-Mdse beach, lake and riverfront parks. Approximately 560 acres are utilized for a Regional park and an additional 237.5 acres to Spee-ia-l-Use beach, lake and riverfront parks. The United States Government manages the Pelican Island Wildlife Refuge. This includes 4,760 acres of land and water area along the Indian River.. Its function is to protect the sensitive wildlife habitat. The management area provides and protects an important open space feature and offers a setting for passive recreational enjDyment. The State of Florida owns and operates the 301 acre Sebastian Inlet.State Park and manages Donald McDonald Park, a 37 acre recreation area owned by the County. These are passive outdoor recreation areas with facilities for picnicking, boating, camping and similar resource-based activities. The Sebastian Inlet Park includes approximately 7500 linear feet of beach frontage. State efforts are directed toward developing regional parks where residents and visitors can enjoy the State's unique natural resources. CODING: Words in steek-theegh type are deletions; words underlined are additions. -5- RECREATION & OPEN SPACE PRIORITIES 1. Park Development - The County shall establish phased programs of development for each facility designated for park and recreation purposes and shall implement such programs as grants or other funding sources become n%rai 1=hl o -3, 2. Establish specific standards which apply to recreation and open space needs in Indian River County. Considera- tion should be given to age groups, climate, geography, number and type of private recreational facilities. -2,-3. Acquisition of additional land for recreational use. This priority extends County wide. Studies will indicate parcels to be acquired. In the North County and the South County areas, there is not a Community Park. The lease, at the Gifford Community Park will expire in 2002. _�oo„ .cam-alb-�geo-i7--Tse--lir-]�s-. 4. Development of a Regional park. LAND ACQUISITION AND PARK DEVELOPMENT: DI-s4ri-G, Community park lands need to be expanded. As indicated by priority Z-, 3, the acquisition of Community Park land in thre-+km-bir-and- the South County-aTea-s- should be accom- plished as soon as practical. The extension of the lease or acquisition of the central County (Gifford) Community Park should also be considered. The Kiwanis Hobart Park has adequate land for a Regional Park. A plan for development of this regional park should be prepared. The County currently has approximately 237 acres of beach, lake, and riverfront parks which are oriented toward natural surroundings. This acreage is divided into 10 parks of various sizes and stages of development. e CODING: Words in s+-+� -thTrot type are deletions; words underlined are additions. AUG 8 1984 BOCK 57 F;E 919 AUG 8 1994 BOOK 57 Fm;F990 Complete park development of the following 4 -an --use beach, lake and riverfront parks should be accomplished: Tracking Station, Round Island; Ambersand River and Beach; and Dale Wimbrow. The feasibility of developing the County's beach acquisition parks should be explored as well as Joe Earman - Marine Park. FUTURE LAND ACQUISITION AND PARK DEVELOPMENT: As growth occurs, demand for park land and facilities will increase. A master plan for parks and recreation in the County should be prepared. IMPLEMENTATION STRATEGIES: 1. General recreation planning tasks: A. Conduct an area -by -area analysis of population characteristics to determine the demand for parks and facilities which should be offered. B. Survey users of existing parks to determine if the provided services are adequate and what improvements are needed. C. Select, analyze and prioritize new sites for County parks. 2. Land Acquisition: A. School sites can be used as a part of the -Fre4-g-k�heed--oma community park system. B. Explore the feasibility of establishing a County park dedication ordinance. C. Taxing districts for development and operation of parks and open space should be created. This would be a step towards recreational facilities paying for themselves. CODING: Words in type are deletions; words underlined are additions. -7- M D. Aequirre Develop beachfront, lake and riverfront property through several sources including: 1. County General Funds 2. Joint Funding 3. State Programs 4. Federal Programs 5. Private and Corporate Donations 6. Bond Issues 3. Open Space Program: A. Landscape Ordinance - adopt regulations which require landscaping along public routes. B. Planned Development - provide -regulations which retain open space in scenic or environmentally sensitive areas. C. Scenic Highway Ordinance - develop procedures for designating routes, requiring special setbacks, and restricting access to routes from adjacent property. 4. Phased Development Program: A County phased development program shall be initiated when the public benefits derived from the opening of park lands preclude the development of the entire tract at one time in Indian River County. With the establishment of any such program, it shall be the responsibility of the County Parks Department to request funds at the next available County budget hearing in order that the project or a portion of the project be completed with sufficient funding. This procedure shall be implemented on a yearly basis until the project is completed. CODING: Words in struck -through type are deletions; words underlined are additions. -8- AUG X984 BOOK `� 7 Fa E 92-01 I AW- . 8 1984 BOOK 57 Section Two: It is the intent.of this ordinance that those charts and tables appended to the Recreation and Open Space Element shall henceforth be interpreted and construed consistently with the additions and deletions made herein as necessary to reflect the revisions made. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on the 8th day of August, 1984. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: � G Don C. Scurlock, Jr., airman Acknowledgment by the Department of State of the State of Florida this 23rd day of August , 1984. Effective Date: Acknowledgment from the Departmr� of State received on this 27th day of August 1984, a a.m./p.m. and filed in the Office of the Clerk of the Board of Zsounty Commissioners of Indian River county, Florida. APPROVED AS TO FORM AND LEG BY: 41 PUBLIC HEARING — ORDINANCE AMENDING ORDINANCE 83-46 RE FINANCING OF ACQUISITION AND CONSTRUCTION OF WATER OR SEWER IMPROVEMENTS The hour of 10:00 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: JUL 1984 h VERO BEACH PRESS -JOURNAL 3q�CEtVE:D w Published Daily -+ BOARD COUNTY COM.M(sstaNERs ro Beach, Indian River County, Florida PUBLIC NOTICE The Board of County Commissioners of Indian River County, Florida, will conduct a Public Hearing on August 8, 1884, at 10:00 a.m. in the CU Commission Chambers at the County Admini Beach Y OLI RIVER: STATE OF FLORIDA tration Building, 1840 25th Street, Vero Florida, to consider the adoption of the Ordi �/� a e undersigned authority personally appeared J. J. Schumann, Jr. who on oath nanceentitled: says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published AN ORDINANCE AMENDING ORDI- at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being NANCE NO. 83-46 OF INDIAN RIVER COUNTY, FLORIDA, ENTITLED: ' "AN ORDINANCE RELATING TO THE p �i�C�. ACQUISITIONAND CONSTRUCTION OF - a CERTAIN IMPROVEMENTS IN CERTAIN INDIAN RIVER COUNTY, FLORIDA; AU- NUETHORIZINGD THE ISSUANCE OF REVE- NUE BONDS BY INDIAN RIVER COUNT NUE the matter of �%��Iivt�,.�.i Y(r! —�-C'i � TY, FLORIDA, TO FINANCE THE COST in the lished in said newspaper in the issues of aij Court, was pub- Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously 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 subscribed (SEAL) • (Clerk of the Circuit Court, A.D. 19 G THEREOF, PAYABLE FROM SPECIAL ASSESSMENTS LEVIED AGAINST PROPERTY SPECIALLY BENEFITED BY SUCH IMPROVEMENTS, AND; AT THE OPTION OF. .THE .COUNTY, FROM OTHER LEGALLY AVAILABLE NON AD VALOREM FUNDS; AND. PROVIDING AN EFFECTIVE DATED' - DULY ENACTED ON DECEMBER 21, 1983, BY DELETING CERTAIN PROCE- DUKES WITH RESPECT TO THE COL- LECTION OF ASSESSMENTS FOR WATER OR SEWER IMPROVEMENTS, AND THE ISSUANCE OF REVENUE BONDS SECURED WHOLLY OR .IN PART BY SPECIAL ASSESSMENTS; . AND PROVIDING AN EFFECTIVE DATE. 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 record includes the testimony In evidence or which the appeal is based. Indian River County Board of County Commissioners Don C. Scurlock Jr. Chairman July 20,1984. Bou 57 FnuE 9?3 AUG 8 1984 BOOK 57 F,,vF 924 Attorney Brandenburg explained that the proposed ordinance will amend Ordinance 83-46, which served as the County's authority for the SR -60 assessment revenue bonds. There are a couple of ambiguities when you take State Statute Chapter 170 and apply it to the County. This ordinance will remove those ambiguities after the fact so that we will have no problems using the same process in the future. The Chairman opened the Public Hearing and asked if anyone wished to be heard. There were none. ON MOTION by Commissioner Bird,. SECONDED by Commissioner Lyons, the Board unanimously closed the Public Hearing, ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously adopted Ordinance 84-51, amending Ordinance 83-46, deleting certain procedures with respect to the collection of assessments for water or sewer improvements, and the issuance of revenue bonds. 37 ORDINANCE NO. 84-51 AN ORDINANCE AMENDING ORDINANCE NO. 83-46 OF INDIAN RIVER COUNTY, FLORIDA, ENTITLED: "AN ORDINANCE RELATING TO THE ACQUISITON AND CONSTRUCTION OF CERTAIN LOCAL IMPROVE- MENTS IN INDIAN RIVER COUNTY, FLORIDA; AUTHORIZING THE ISSUANCE OF REVENUE BONDS BY INDIAN RIVER COUNTY, FLORIDA, TO FINANCE THE COST THEREOF, PAYABLE FROM SPECIAL ASSESSMENTS LEVIED AGAINST PROPERTY SPECIALLY BENEFITED BY SUCH IMPROVEMENTS, AND, AT THE OPTION OF THE COUNTY, FROM OTHER LEGALLY AVAILABLE NON AD VALOREM FUNDS; AND PRO- VIDING AN EFFECTIVE DATE." DULY ENACTED ON DECEMBER 21, 1983, BY DELETING CERTAIN PROCEDURES WITH RESPECT TO THE COLLEC- TION OF ASSESSMENTS FOR WATER OR SEWER IMPROVE- MENTS, AND THE ISSUANCE OF REVENUE BONDS SECURED WHOLLY OR IN PART BY SPECIAL ASSESS- MENTS; AND PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: SECTION 1. AUTHORITY FOR THIS ORDINANCE. This ordi- nance is enacted pursuant to Article VIII, Section 1, Florida Constitution (1968), Chapter 125, Florida Statutes (1983), and other applicable provisions of law. SECTION 2. FINDINGS. mined and declared that: It is hereby ascertained, deter - A. The Board of County Commissioners of Indian River County, Florida (hereinafter called "Board"), on December 21, 1983, duly enacted Ordinance No. 83-46 entitled: "AN ORDINANCE RELATING TO THE ACQUISITON AND CONSTRUCTION OF CERTAIN LOCAL IMPROVE- MENTS IN INDIAN RIVER COUNTY, FLORIDA; AUTHORIZING THE ISSUANCE OF REVENUE BONDS BY INDIAN RIVER COUNTY, FLORIDA, TO FINANCE THE COST THEREOF, PAYABLE FROM SPECIAL ASSESSMENTS LEVIED AGAINST PROPERTY SPECIALLY BENEFITED BY SUCH IMPROVEMENTS, AND, AT THE OPTION OF THE COUNTY, FROM OTHER LEGALLY AVAILABLE NON AD VALOREM FUNDS; AND PRO- VIDING AN EFFECTIVE DATE." (hereinafter called "Ordinance"). B. It is necessary and desirable to amend the Ordinance by deleting certain procedures with respect to (a) the collection of special assessments for water or sewer improvements and (b) BOOK 57 FnA9.5 r Augx.1994 1 BOOK 5 6 �7 NKE 9,?6 the issuance of revenue bonds secured wholly or in part by spe- cial assessments. SECTION 3. AMENDMENT TO ORDINANCE. Section 4 of the Ordinance is hereby amended to read as follows: "SECTION 4. INCORPORATION OF CERTAIN PROVISIONS OF CHAPTER 170. The provisions of Chapter 170, Florida Statutes (1981), as amended, to the extent not inconsistent with the pro- visions of this ordinance, are hereby incorporated herein by reference and made applicable to the County the same as if it were a 'municipality' as defined therein. Appropriate changes to the provisions of Chapter 170, Florida Statutes (1981), as amended, as incorporated herein, are hereby made to reflect the differences between municipal and county government. The Board, however, shall not be required to let contracts for any Improvements before adoption of any resolution authorizing the issuance of Bonds. Furthermore, it shall not be necessary for the specially benefited property to connect to any water or sewer Improvements before assessments may be collected therefor, as long as connections are available from the County; and the Clerk of the Board shall not be required to certify on any Bonds that the amount of assessment liens levied as security for the Bonds are equal to the amount of the Bonds. All assessment plats, plans and specifications, cost estimates and records of the names and addresses of the owners of property to be assessed shall be kept and maintained by the public works or other similar depart- ment of the County, or such other office or officer of the County as may be specified by the Board from time to time. Any special assessment liens upon real property, resulting from special assessments levied pursuant to the provisions of this ordinance, shall be extinguished upon the recording by the Board in the Official Records of the County, an affidavit or affidavits exe- cuted by the Chairman of the Board to the effect that sufficient security has been deposited with the County in order to insure timely payment of the amounts of such special assessments or the -2- AUG 8 1984 (SEAL) ATTEST: IA ! A! By Clerk Adopted: August 8, 1984 B00K 5 7 Pk9?, BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Chairman APPROVED AS TO FORM AND LEGALITY Office of the County Attorney By DESIGN PRESENTATION OF NEW JAIL BY FRIZZELL ARCHITECTS The Board reviewed the following letter dated 7/19/84: July 19, 1984 Mr. Michael Wright County Administrator, Martin County Board of County Commissioners 1840 25th Street Vero Beach, Florida 32960 RE: INDIAN RIVER JAIL Dear Mr. Wright: W. R. Frizzell Architects. Inc. Royal Palm Square 242526 1400 Colonial Boulevard 202 Suite Fort Myers, Florida 33907 (813) 939-1220co JU14�� r� �tt�tt�tsl. The design development documents are proceeding rapidly. We would like to present them to the Board during the week of August 5, 1984. Tom Pinkerton will be making the presentation in Georgia on Tuesday, August 7, 1984, but any other day will be fine with us. Sincerely yours, W. R. FRIZZELL ARCHITEECTS, INC. George H. Bail, A.I.A. President 41 installments thereof, as the case may be. If notes are issued in anticipation of the issuance of Bonds, the special assessments shall bear interest at a rate not to exceed 1% above the rate of interest on the notes, as long as the notes are outstanding. Any special assessments that are prepaid shall bear interest at the rate borne by the Bonds or the notes issued in anticipation of the issuance of the Bonds, whichever are outstanding, and, if necessary to pay additional expenses of redemption, shall include a prepayment fee not to exceed the applicable redemption premium, if any, for such notes or Bonds, if' they were to be redeemed on the next available redemption date." SECTION 4. SEVERABILITY OF INVALID PROVISIONS. If any one or more of the provisions herein contained shall be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such provisions shall be null and void and shall be deemed separable from the remaining provisions and shall in no way affect the validity of any of the other provisions hereof. SECTION 5. REPEALING CLAUSE. All ordinances, resolu- tions or parts thereof of the Board in conflict with the provi- sions herein contained are, to the extent of such conflict, hereby superseded and repealed. SECTION 6. EFFECTIVE DATE. A certified copy of this ordinance, as enacted, shall be filed in the office of the Department of State of the State of Florida by the Clerk of the Board within 10 days after its enactment, and this ordinance shall take effect upon receipt of official acknowledgment from that office that such ordinance has been filed. ENACTED this August , 1984. -3- AUG 8 1984 �oac u 1r�c�E9?7 AUG 8 1994 Boox 57 P�Kjf 93 March 20, 1984 FEDERAL EXPRESS Mr. Percy Folsom Architectural Engineering Manaqer Office of the Inspector General Florida Department of Corrections 1311 Winewood Boulevard Tallahassee, Florida 32301 Dear Percy: ROBERT A. BUCHANAN President CINDIE A. UNGER Vice President SUBJECT: STAFFING DESCRIPTION FOR REVISED INDIAN RIVER COUNTY DETENTION FACILITY DESIGN As per.the request of Tom Pinkerton, I am enclosing a description of the proposed staffing levels for the revised desiqn of the Indian River County detention facility. The enclosed staffing levels are not meant to represent a complete staffing guide but only the numbers of personnel required as well as a brief description of how the jail wou_Ld he supervised given this staffing breakdown. A complete staf- finq guide will be submitted when the staffinq levels recommended in this letter are approved. Please do not hesitate to contact me should you have any questions relative to my recommendations. Sincerely, CORRECTIONAL SERVICES GROUP, INCORPORATED Robert A. Buchanan Group President DRAFT STAFFING LEVELS Revised Indian River County Detention Facility Design—al Day Evening Morning 7:00 am to 3:00 pm to 11:00 pm to 3:00 pm 11:00 pm 7:00 am Number Totals ADMINISTRATION AND SUPPORT - 1 (1.7) 1 Jail Administrator 1 - - 1 1 Assistant Jail Administratorb/ 1 (1.7) - - 1.7 1 Secretary/Clerks 2 - - 2 2 Cook 1 (1.7) 1 (1.7) - 2 (3.4) 3 Progrart� Officerd/ 1 - - 1 1 Nursee 1 (1.7) - - 1.7 1.7 Subtotal Roving/Back-Up Officer 2 (3.4) 1 10.7 SECURITY Shift Supervisor - 1 (1.7) 1 (1.7) 2 (3.4) 4 Main Control Room Officerf/ 1 (1.7) 1 (1.7) 1 (1.7) ,.3 (5.1) 5 Housing Unit Control Room Officer 1 (1.7) 1 (1.7) 1 (1.7) 3 (5.1) 5 Roving/Back-Up Officer 2 (3.4) 1 (1.7) 1 (1.7) 4 (6.8) 7 Booking and Intake Officer -q/ 2 (3.4) 2 (3.4) 2 (3.4) 6 (10.2) 10 Subtotal 30.5 TOTAL I 41.2 43 George Bail, President of Frizzell Architects, presented the design development drawings and outline specifications for the new jail, and reported that the project is going well. The present cost estimate is $3,590,000, which is within the range they quoted in schematics. Tom Pinkerton, Jail Consultant, explained that approval of the design phase is needed today and that approval may be contingent upon approval by the Commission of the following items: 1). Phase completion of design development 2) Staffing numbers 3) Prisoner medical care - no in-patient beds Commissioner Lyons stated that he would not be in a position to voice his approval or disapproval today without first meeting with the Jail Committee. Mr. Pinkerton pointed out that actually there are no changes today from what has gone before. The Committee has approved 156.beds, not counting 6 isolation cells and 8 booking cells. Frizzell Architects are recommending a minimum staff level of 37 which the State will accept, and which is approximately 4-1 -- a very impressive staffing level. Mr. Pinkerton believed that the County's legal exposure would be reduced with a staff of 41 or 42. It was noted that present jail staffing is 28 for 58 inmates. Mr. Pinkerton distributed copies of the following letter dated 3/20/84 and a chart of the staffing levels: 42 AUG 6 1984 Boa 57 FACE 9%9 Footnotes concluded BOOK 57 FLUE 902 Y The Nurse will be available, at a minimum, Monday through Friday on the.day shift, to oversee the prisoner medical and health care program. While a relief factor has been applied to permit weekend coverage, Indian River County officials may opt to provide health care supervision on an as -needed basis. fl This plan recommends that the Main Control Room normally be staffed by a female who would also be responsible for supervision of the adjacent female prisoner housing unit. V Two staff are recommended in the Booking and Intake area to oversee operations in that area and supervise all prisoners in temporary holding. One of these staff will also be called upon for back-up and escort functions on an as -needed basis. Mr. Pinkerton stated that the Board must approve staffing at this stage and make a formal commitment to that number or the State will not go any further with approval. Administrator Wright recommended that the Board approve the minimum number of 37 and then decide whether or not additional staffing is needed at a later date. Mr. Pinkerton pointed out that there is no provision for in-patient and major emergency care in the new jail. There is a full-time nurse in the staffing pattern who will make the judgments. The County's present policy is that if there is any question as to whether a patient is in medical danger, he is sent to the hospital, and they did not provide in-patient beds because that would create a very expensive post because medical staff would then be required. Mr. Pinkerton advised that the County must write.a letter to the State laying out how we intend to handle minor medical emergencies without having an officer escort an inmate to the hospital. The letter should also state that 45 � � s V Relief factor calculated at 1.7. bI The Assistant Jail Administrator would function as the jail's day shift supervisor Monday through Friday. A replacement supervisor will be warranted on weekends and in the absence of the Assistant which accounts for the utilization of a relief factor. At present, the Jail Administrator is able to use the services of the Sheriff's Office clerks for recordkeeping functions. Should this practice be discontinued, the clerk recommended in the above table will be necessary. dl This staff member would function as the facility's multi-purpose officer in that he or she would oversee all inmate programs' and services, laundry operations, commissary, etc. While the Assistant Jail Administrator could function in this capacity it is believed that the security requriements of that position would limit the time and effort available for adequate program supervision. Footnotes continued on page two. The previous staffing levels indicate that a minimum of six security personnel will be available for each shift, seven (7) days a week with a normal complement of 12 staff available on all weekdays. While the staffing levels recommend 41.2 personnel, it would be quite possible to reduce this number to 37.5 with the following personnel reductions, none of which would substantially impact - the safety and security of the facility: • Eliminate Clerk's position • Eliminate Program Officer's position - combine duties under Jail Administrator • Reduce nursing coverage by 0.7 • Eliminate 1 day shift rover Total Savings A U G 8 1984 44 Staff Savings 1 1 0.7 1. 3.7 B00 57 FAu 931 AUG 8 1994 eoo� 7 PAA. V'34t print-out) to the County at the beginning of his job and updated CPMs during the progress on the job. Mr. Bail stated that is part of their normal specifications. MOTION WAS MADE by Commissioner Bird, SECONDED by Commissioner Wodtke, that the Board approve the design development stage for the new jail and authorize the start of the next phase, construction documents, with the understanding that there is no change from the schematic design approved by the Jail Committee. Attorney Brandenburg asked if the County was current in its payment for services, and Mr. Bail advised that they have not been paid yet for the design development stage which is now completed. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously approved a minimum staffing level of 37 for the new jail. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously authorized Administrator Wright to write a letter to the State outlining our policy for medical care and the reason for not having in-patient care in the jail facility. 47 the County Jail will provide routine sick call and examination upon intake so that the jail population is not contaminated by new inmates. The mini -jail in the booking area will hold those people until it is determined that they will be committed to the jail. Summarizing, Mr. Pinkerton stated that the County Jail has the basic medical provisions and he thought that the County would have a physician who would be willing to come in for minor, routine out-patient care. Frizzell Architects is recommending that the County not provide in-patient care, but it must be covered in some way such as an agreement with hospital or some general policy statement. County Administrator Wright reported that in discussing this with the architects, the feeling was that a medical facility should not be provided in the jail. Ray Stroud, Principal Architect, presented the outline specifications and isometric drawings of the facility. Administrator. Wright advised that the County is trying to do as much of the engineering inhouse as possible. Hogar Schmitt presented the mechanical and engineering drawings for the sprinkler, heating, ventilating and electrical systems. Commissioner Wodtke questioned the TV sets in the Day Rooms, and Administrator Wright stated the TV sets would be paid for out of the inmate commissary funds; no County tax money would be used. Mr. Pinkerton explained that you have to offer the prisoners something or there is no other way to control them except by brute force. This way, they can be penalized by taking away their TV privileges. The TV helps keep the prisoners quiet and out of trouble. Attorney Brandenburg asked if the architects would include a requirement in the specifications that the General Contractor will submit a CPM (Critical Path Method, computer 46 AUG 8 1984 BOQF 5)7 CwjF. 33 Commissioner Bird left the meeting at this point, 11:50 o'clock A.M., to keep a speaking engagement. COUNTY WATER EXTENSION POLICY - OSLO PARK Mike Ekonomou explained that in order for him and his father to obtain site plan approval, they were ordered by Mike Galanis of the Environmental Health Department to hook up to the County water system. The Ekonomous, together with Jack Frantz and James Monger,•installed a 6 -inch waterline to their property in Oslo Park Subdivision. The line, which connected to the County's water system, cost approximately $4,000. He reported that Utilities Director Terry Pinto refused to let them use a 2 -inch pipe and required them to put in the 6 -inch pipe. Director Pinto had informed them that under the Ordinance they would not be reimbursed for any expense when other people on their street hook up to this line, and they thought that was very unfair. Director Pinto explained that the policy has been to require a minimum of 6" pipe to be put into a right-of-way that is going to have public use at a future time because that area will require an increased fire flow. Director Pinto pointed out that if the County had required a line larger than the minimum of 6" to serve future development, then we would have agreed to pay the difference in the cost of material that the larger line would require. In this case, however, we are talking about installing a minimum sized line. The County provided as much as we could without wavering very much from our policy. There is an existing 20" waterline on Oslo Road and the tap on both ends was provided by the County. The connection was a cost that the Ekonomous did not have to incur. Director Pinto felt it was an important policy to retain because reimbursing costs for hooking up every little street would be very difficult to do from an administrative 48 AUG 19AA Boos 57 FmUAa35 AUG 8 1984 Booz 97 FA JF 3 viewpoint. If you divide up the cost for each individual lot as they come along, you have established a connection fee beyond an impact fee for each one of those people. Director Pinto emphasized that the County did not force Mr. Ekonomou to put in the 6" line. When they first requested the waterline, it was explained to them that they could come to this Board and ask that the County install a line up their street, and that the assessment process would have taken a couple of months. They did not wish to follow that process, and went ahead and put the line in themselves, using a private contractor. Chris Ekonomou, objected to Director Pinto's statement that they were not forced to put in the line. He explained that a 2" line was installed on the next street and when they requested a line, they were told it had to be the 6" minimum. They could have put in a septic tank in the back if they had obtained a variance from Tallahassee- They tried to cooperate with the County by putting in the 6" line because they also thought it would be needed in the future, but they still feel that people who hook up in the future should pay their share. Chairman Scurlock asked why the 2" lines were authorized on the next street when our policy is 6" lines and Director Pinto explained that the County did not have a policy at that time. There are 2" lines running all over the place which the County is now replacing. He also noted that the administration of the Utilities Dept. has changed during that time and we feel that a minimum 6" line is necessary to protect the system and to protect everyone in the system, including the applicant. Chairman Scurlock asked just how difficult it would be to administrate a refundable advance on these small line extensions. 49 7---7 L Administrator Wright stated that you would have to set up a set of books on every waterline installed in the County. Every time someone tapped into any line, the County would have to research it and see if a refundable advance existed on that portion of the line. Commissioner Wodtke asked if the County went in and put in a 6" line, how would it be paid for, and Director Pinto stated that it could be handled on an assessment basis. He repeated that the Ekonomous had that option but chose to put the line in themselves, and now, the assessment cannot be after the fact. The bottom line is that anyone wishing to install a waterline prior to the County putting in the line must install a minimum 6" line and pay the entire cost. Director Pinto felt very strongly that the County should not change this policy. After Commissioner Wodtke asked if the Environmental Health Dept. will not allow further building in Oslo Park unless they hook up to County water, Director Pinto interrupted Chris Ekonomou reply, and stated that was not the case at all. Mr..Galanis is saying that if you want to build larger than the lot can take and you do not have enough room between your septic system and your well, then you cannot put in a well. Chris Ekonomou hoped this was being recorded on tape as he intends to bring it up. He stated that Mike Galanis had informed them that the law states that you have to be 100 feet from any septic tank. According to the State, however, they could have obtained a variance and gone with 75 feet for these small lots. Director Pinto and Administrator Wright pointed out that is exactly what they are saying, that the Ekonomous had an alternative to installing the 6" line. 50 AUG 8 1984 BOOK 5-7 PAIj -E 9e37 AUG 9 1994 BOOK 57 Fr�cF 38 Commissioner Wodtke thought that it doesn't seem fair when one individual has to pay for the line and the others do not, but he did not know that we have any alternatives. Director Pinto stressed that if the County forced them to put in the 6" line, then we could consider the difference in cost, but these people were not forced; they had other options. Administrator Wright explained that what they are asking the Board to do today is to reaffirm the policy that a 6" line is the minimum waterline. Commissioner Lyons did not have any problem with a 6" line, but he thought that we were going to set up some sort of policy that would encourage the use of County water in Oslo Park Subdivision and he agreed with Commissioner Wodtke that it was unfair for the first one in to have to pay the entire cost. Commissioner Wodtke suggested that we include this matter to be discussed at the line extension workshop scheduled for later this month. Attorney Brandenburg felt this situation is no different than someone who needs to build a road to get to his property and the road goes by people who don't want a road or don't want to pay for a road since all their land is in groves. Chris Ekonomou advised that the value of lots on their street have gone from $4,000 to $15,000 due to the waterline being installed. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously (4-0, Commissioner Bird having left the meeting) agreed to remain with the County's 6" pipe policy; with the understanding that until we have a different set of rules any individual who wishes to install a waterline 51 extension prior to the County installing a line must pay the entire cost; and referred the Ekonomou's request for reimbursement to the waterline extension workshop scheduled for later this month. PROPOSED SITE FOR COUNTY PISTOL RANGE Bill F. Stegkemper, local realtor, explained that he had asked that this matter be•placed on today's agenda in order to request that the proposed County pistol range not be restricted to use by the Sheriff's Department and that it be placed under a park authority so that it could be properly supervised and available for public use. He read the following letter aloud: WELLFORO F. BILL F. STEGKEMPER, G.R.I. GRADUATE OF REALTOR INSTITUTE REGISTERED APPRAISER LICENSED BROKER - SALESMAN n OFFICE (305) 567-3900 RES. (305) 569-3458 Post Office Box 699 Vero Beach, Florida 32960 AUGUST 8, 1984 TO: MEMBERS OF THE INDIAN RIVER COUNTY COMMISSION FROM: BILL F. STEGKEMPER r4 ^ RE: PROPOSED SHERIFF'S RANGE AND SOUTH COUNTY PARK HELLO, FOR THE RECORD MY NAME IS BILL F. STEGKEMPER. I LIVE IN. THE SOUTH COUNTY AT 161 12TH PLACE S.E. IN RIVER SHORES AND I HAVE BEEN A RESIDENT OF OUR COUNTY SINCE 1949. PROFESSIONALLY, I AM AN ASSOCIATE OF WELLFORD HARDEE REALTOR THE PAST ELEVEN YEARS. INITIALLY I WAS GOING TO ADDRESS YOU ON THE SUBJECT OF THE SHERIFF'S RANGE COUPLED WITH A SOUTH COUNTY*PARK ON 91.69 ACRES LOCATED IN THE SOUTH COUNTY, EAST OF U.S. # 1, FRONTING ON THE RIVER BETWEEN OSLO ROAD AND RIVER SHORES. AFTER GETTING ON THE AGENDA I DISCUSSED THIS MATTER WITH ART CALLECOMBE OF THE PLANNING DEPARTMENT; WHOSE INSIGHT, KNOWLEDGE, UNDER - 52 > `� BOOK �.,6 t'A�E 7P39 AUG 81��4 _ � J AUG 8 1994 BooK '57- PnF_ 940 STANDING AND EMPATHY I HOLD IN HIGH REGARD. ART CORRECTLY POINTED OUT THAT LATER DEVELOPMENT WEST OF THIS SITE AND EAST OF U.S. # 1 COULD • COMPROMISE A RANGE. ART FURTHER FELT THAT A SOUTH COUNTY PARK WAS CERTAINLY NEEDED, AND THAT CONCEPTUALLY THERE WERE NO PROBLEMS, BUT FINANCIALLY BECAUSE.OF WET LANDS WHICH REQUIRE A TREMENDOUS AMOUNT OF PERMITTING, THAT IT WOULD BE COSTLY. ART CERTAINLY FELT WITH THE RIVER FRONTAGE AND THE OSLO RD. ACCESS THIS SITE WOULD BE AN EXCELLENT LOCATION FOR A SOUTH COUNTY PARK - INDEED. AS EVERYONE IS AWARE, THE MAJOR SEGMENT OF OUR POPULATION IS IN THE SOUTH COUNTY, THUS THIS IS WHERE THE MAJORITY OF OUR TAXES COME FROM, DESPITE THIS FACT, THE MAJORITY OF RECREATIONAL PARKS ARE ALL LOCATED IN THE NORTH COUNTY, EXCEPTING ROUND ISLAND WHICH IS ON THE BEACH. AT THIS POINT I AM UNCERTAIN WHY THIS EXISTS, BUT AS OF TODAY, OUR SOUTH COUNTY DOES NOT HAW ONE SINGLE MEMBER APPOINTED TO THE PARKS ADVISORY COMMITTEE. THE UNDEVELOPED PARCEL I REFER TO CONSISTS OF 91.69 ACRES OWNED BY JULIAN LOWENSTEIN AND THE MAJORITY OF THIS LAND IS HANDICAPPED WITH . ENVIRONMENTALLY SENSITIVE ZONING. THE PROPERTY TAXES LAST YEAR WERE'IN- CREASED BY A WHOPPING 865%. THIS DEVASTATING TAX INCREASE WAS,.CHALLENGED AND SUBSEQUENTLY UPHELD AS A JUST ASSESSMENT IN COURT. THIS LEAVES THE OWNER IN THE UNFORTUNATE POSITION OF PAYING THOUSANDS OF TAX DOLLARS ON LAND HE DWNS, AND WHICH HE ONLY HAS THE PRIVILEGE OF CONTROLLING MOSQUITOES, PROTECTING OYSTERS AND PRESERVING MANGROVES - NO OTHER BENEFITS OF PROPERTY OWNERSHIP ARE ENJOYED, WHAT -SO -EVER. NOT WITHSTANDING THESE UNFORTUNATE CIRCUMSTANCES, I DO BELIEVE THIS LARGE, WELL LOCATED RIVERFRONT SITE COULD BEST BE PURCHASED AND UTILIZED FOR A MUCH NEEDED SOUTH COUNTY RECREATIONAL PARK, EVEN THOUGH ZONING PRE- CLUDES ANY TYPE OF P.ROFITABLE RESIDENTIAL DEVELOPMENT. NOW TO ADDRESS THE INITIAL MATTER WHICH PROMPTED ME TO COME BEFORE YOU. THE SHERIFF'S RANGE. PERSONALLY, I AM NOT A GOLFER, BUT I MUST MENTION THE NEWLY PROPOSED GOLF COURSE AT HOBART PARK (AGAIN, BY -THE -WAY, IN THE NORTH COUNTY) AND I DO BELIEVE THIS FACILITY WILL BENEFIT OUR COUNTY. IN 1982 ACCORDING TO FIGURES PUBLISHED BY THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, NEARLY 3,000,000 HANDGUNS ALONE WERE MANUFACTURED OR IMPORTED INTO THIS COUNTRY. MATHEMATICALLY THIS AMOUNTS.TO 900 NEW HAND GUNS FOR OUR COUNTRY IN 1982, NOT TO MENTION RIFLES OR SHOTGUNS. TO LEND EMPHASIS TO MY WORDS, I COULD EASILY HAVE HAD A MAILING GO OUT TO THOUSANDS OF RESIDENTS WHO ARE GUN OWNERS AND FILLED THIS CHAMBER AND THE.HALLWAY. BUT MOST SINCERELY, I AM SAYING THAT I DO NOT BELIEVE THE NEEDS AND INTERESTS OF OUR COUNTY'S LAW ABIDING GUN OWNERS ARE BEING MET, OR FOR THAT MATTER, CONSIDERED. 53 s � � � r � TO ESTABLISH MY QUALIFICATIONS, I AM A FORMER FULL TIME LAW ENFORCEMENT OFFICER, THUS I AM PERSONALLY AWARE OF THE CONSTANT NEED FOR REGULARLY SCHEDULED TRAINING AND RE-TRAINING OF POLICE OFFICERS. I AM A LICENSED FLORIDA TEACHER AND I HAVE INSTRUCTED AT THE COLLEGE CREDIT LEVEL. I HAVE TAUGHT CLASSES IN BASIC, INTERMEDIARY AND ADVANCED FIREARMS. THE SECRETARY OF STATE HAS CERTIFIED ME TO QUALIFY SECURITY GUARDS FOR THEIR GUN LICENSE, AND THIS COUNTY COMMISSION AUTHORIZED ME TO QUALIFY CITIZENS FOR THEIR PISTOL PERMITS, ALSO I HAVE BEEN AN ACTIVE COMPETITOR IN THE VARIOUS SHOOTING DISCIPLINES FOR OVER THIRTY (30) YEARS. FOR THE PAST TWELVE (12) YEARS, ON A VOLUNTARY BASIS, I HAVE FREELY INSTRUCTED APPROXIMATELY 3,000 CIVILIANS, BOTH WOMEN AND MEN; IN THE PROPER AND SAFE USE, MAINTENANCE, AND HANDLING OF FIREARMS THROUGH CLASSES SPONSERED BY THE VERO BEACH POLICE DEPARTMENT AT THE P.B.A. RANGE. RESPECTFULLY. COMMISSIONERS, WITH THIS BACKGROUND I DO BELIEVE I AM QUALIFIED TO OFFER CONSTRUCTIVE INSIGHT INTO THE NEED, USE,'AND OPERATION OF A SAFE SHOOTING FACILITY FOR USE BY BOTH LAW ENFORCEMENT AND CIVILIANS ALIKE IN OUR COUNTY. AS OUR SHERIFF RECENTLY INDICATED THE NEED FOR AN "AVAILABLE RANGE" FOR HIS DEPUTIES, SO HAVE MANY OF THE CIVILIANS I INSTRUCTED EXPRESSED AN IDENTICAL NEED FOR SOMEWHERE THEY COULD SAFELY SHOOT WITHOUT ENDANGERING LIFE OR PROPERTY, OR FEAR ARREST FOR UNLAWFUL DISCHARGE OF A FIREARM. THE STATE RANGE AT THE PRISON IS NOT AVAILABLE TO POLICE ON A REGULAR BASIS NOR CIVILIANS AT ALL. THE P.B.A. RANGE IS ONLY OPEN TO CIVILIANS ENROLLED IN OUR CLASSES OR CIVILIANS WHO HAVE PURCHASED A RANGE MEMBERSHIP. MANY YEARS AGO THE POLICE RANGE WAS OPEN TO THE PUBLIC, BUT DAMAGE DID RESULT AND POTENTIAL DANGER EXISTED WITHOUT RANGE SUPERVISION, THUS WHEN THE NEW P.B.A. RANGE OPENED.ON SOUTH GIFFORD ROAD, IT -WAS NOT OPEN TO THE PUBLIC. COMMISSIONERS, I AM PROPOSING THAT YOU DO NOT RESTRICT YOUR SHOOTING RANGE DECISION TO THE SHERIFF'S DEPARTMENT ALONE, BUT BRING THIS RANGE UNDER A PARK AUTHORITY SO THAT IT COULD BE PROPERLY SUPERVISED AND AVAILABLE FOR PUBLIC USE ALSO. TO THE NORTH IN ADJOINING BREVARD COUNTY, DIRECTLY ACROSS THE RIVER FROM THE SPACEPORT IS KARR'S PARK,.FEATURING NUMEROUS RECREATIONAL ACTIVITIES INCLUDING; TENNIS, CAMPING, VOLLEYBALL, BOATING, AS WELL AS A*CIVILIAN SHOOTING RANGE. KARR'S PARK CHARGES A SMALL ADMISSION FEE AND IS OPERATED BY THE COUNTY PARK AUTHORITY. 54 rifflffilml BOOK 57 F -W -E 941 AUG 8 1984 BOOK -57 pmn.942 TO THE SOUTH IN BROWARD COUNTY AN EXPANSIVE NEW PUBLIC.RANGE WAS OPENED WHICH FEATURES PISTOL, RIFLE, SHOTGUN AND ARCHERY."THIS RANGE WAS FUNDED BY AN OVERWHE4MINGLY FAVORABLE BOND REFERENDUM. I DISCUSSED A POSSIBLE NEW RANGE WITH DAVE LUKE, THE NATIONAL RIFLE ASSOCIATION SOUTH EASTERN U.S-. FIELD REPRESENTATIVE. DAVE SAID THE N.R.A. FURNISHED RANGE PLANS AND DESIGN FOR THE BROWARD COUNTY RANGE, AND FURTHER ADVISED IF OUR COUNTY WAS OFFICIALLY INTERESTED, THE N.R.A. WOULD SEND IN QUALIFIED PEOPLE TO EXAMINE THE SITE AND PERSONALLY OFFER THEIR OPINIONS, AS WELL AS FURNISH THE COUNTY WITH ENGINEERED PLANS AND SUBSEQUENT CONSUL- TATION, IF NECESSARY. COMMISSIUNERS, 1 REALIZE - STANDING BEFORE YOU -.THAT MANY INDIVIDUALS HAVE STOOD AT THIS PODIUM AND REQUESTED YOU APPROVE AND AUTHORIZE PIE -IN -SKY EXPENDITURES. I RECOGNIZE THE BURDEN OF GOVERNMENT YOU MUST BEAR WHEN YOU ESTABLISH A TAX RATE AND STRIVE TO JUSTLY SPEND YOUR CONSITUANTS TAX.DOLLARS IN THE BEST MANNER - WITHOUT A RESULTING DEFICIT. ********************* TO SUMMARIZE ******************* 1. FOR A COUNTY RANGE, OUR COUNTY ALREADY OWNS THE 38 ACRE PARCEL LOCATED IN THE S.W. COUNTY, APPROXIMATELY FIVE MILES FROM VERO BEACH. THE AGRI- CULTURAL ZONING PRECLUDES FUTURE RESIDENTIAL ENCROACHMENT, AS WELL AS PERMITTING PARK USE, THIS COULD BE A SUPERB COUNTY RANGE. 2. FOR A SOUTH COUNTY PARK, THE PER ACRE VALUE OF THIS 91.69 ACRE SITE DETERMINED BY OUR PROPERTY APPRAISERS OFFICE, AND SUBSEQUENTLY CERTIFIED IN COURT AS CORRECT.UPON THE OWNERS APPEAL. THE OWNER WILL ACCEPT $275,000 ($3,000 PER ACRE) AND WILL ACCEPT TERMS TO COMPLETE THE SALE. NOW IS THE TIME TO MOVE FORWARD ON BOTH OF THESE PROJECTS AND PROVIDE SOME RECREATIONAL PARK ACTIVITY CONVENIENT TO THE MAJORITY OF RESIDENTS WHO LIVE IN THE SOUTH COUNTY. THANK YOU. 55 Chairman Scurlock advised Mr. Stegkemper that the Commissioners are on record as being concerned that the range at the airport is not open to the public. There is an interest in what Mr. Stegkemper is proposing as there is a definite safety problem with people going out to the various ditch banks and firing high-powered rifles and pistols without proper supervision. Commissioner Scurlock felt that if we create a gun range we would want to do it so that it is safe and it is done in a professional manner. He suggested that Mr. Stegkemper's presentation be given before the Parks and Recreation Committee and their recommendation be brought back to the Board. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bowman, that the Board refer this matter to the Parks & Recreation Committee. Commissioner Wodtke, referring to the property proposed by Mr. Stegkemper, recalled that we went through this years ago on the Property Appraisal Adjustment Board, and he did not know how much of the 91 acres should be utilized as a park. He felt the proposed property does have some potential as it ties into our Oslo Boat ramp where we are in dire need of parking area. It might be that the County has some other land that could be used for an exchange. William Stevenson, who started the Sea Cadet program in Vero Beach, advised that the program now offers the cadets the opportunity to shoot for records, and he takes them down to a range down in St. Lucie County once a month. It would be of great assistance to him to have a place to go in our County to teach the cadets how to handle a gun properly. 56 AUG 8 1984 Boa 57 F,,i- 943 AUG 8 1984 BOOK 57 FACE 4 THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously, (4-0, Commissioner Bird having left the meeting.) RENEWAL OF TREASURE COASTERS REPEATER ASSOCIATION LEASE FOR USE OF TOWER AT KIWANIS-HOBART PARK The Board reviewed the following letter dated 7/17/84: THomAs C. PALmER ATTORNEY AT LAW 3042 20TH STREET VERO BEACH. FLORIDA 32900 T=zFROHB (303) 509-4555 July 17, 1984 Gary Brandenburg, Esq. County Attorney 1840 - 25th Street Vero Beach, Florida 32960 Q �V Re: Contract - Repeater on Kiwanis Hobert Park Tower Dear Gary, On July 16, 1981 the County and Isaac Roach entered into a written contract regarding a repeater on the Kiwanis Hobart Park Tower. A copy is enclosed. Recently the owner of the repeater has been incorporated as The Treasure Coasters Repeater Association, Inc., a Florida not-for- profit corporation. I have prepared a new contract to reflect the fact of the incorporation. The only change of substance in the agreement is that now the corporation rather than Mr. Roach agrees to hold the county harmless above the insurance protection. As the corporation has very adequate insurance this provision is a minor matter. I also enclose parts of the insurance policy. If the contract meets.with your approval, please take the actions necessary to have the new contract executed by the County. If you have any questions, please phone Ike Roach at 231-2717, or myself at the above number. Very truly yours, encl: New Contract Old Contract Thomas. Pa er Insurance rider 57 s 1 rqt.• �� r• �Y � Cn �V Re: Contract - Repeater on Kiwanis Hobert Park Tower Dear Gary, On July 16, 1981 the County and Isaac Roach entered into a written contract regarding a repeater on the Kiwanis Hobart Park Tower. A copy is enclosed. Recently the owner of the repeater has been incorporated as The Treasure Coasters Repeater Association, Inc., a Florida not-for- profit corporation. I have prepared a new contract to reflect the fact of the incorporation. The only change of substance in the agreement is that now the corporation rather than Mr. Roach agrees to hold the county harmless above the insurance protection. As the corporation has very adequate insurance this provision is a minor matter. I also enclose parts of the insurance policy. If the contract meets.with your approval, please take the actions necessary to have the new contract executed by the County. If you have any questions, please phone Ike Roach at 231-2717, or myself at the above number. Very truly yours, encl: New Contract Old Contract Thomas. Pa er Insurance rider 57 ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously (4-0, Commissioner Bird having left the meeting), renewed the lease with the Treasure Coasters Repeater Association for use of the tower at Kiwanis-Hobart Park. AGREEMENT THIS AGREEMENT entered into on the 8th day of August 1984, by and between ISAAC ROACH (ROACH), individually, and for the TREASURE COASTERS REPEATER ASSOCIATION, INC., and INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida (COUNTY):,- their heirs, successors and assigns. WHEREAS, in 1981, ROACH requested COUNTY to allow the use of a County tower located at Kiwanis Hobart Park for a repeater radio station and the COUNTY and ROACH entered into a written contract dated July 16, 1981, and WHEREAS, the Association is now incorporated into a Florida Not -for -Profit Corporation and is the owner of the equipment that is installed on the Tower and the new Corporation wishes to enter into another contract to supercede the prior agreement of July 16, 1981 to reflect the fact of the change in the status of the Association, and WHEREAS, COUNTY determines that the installation of the repeater station on the tower continues to be in the public interest, increasing communications in case of emergencies or disasters, NOW THEREFORE, in consideration of mutual promises, the parties agree as follows: 1. County has allowed ROACH to install a repeater radio station at the Kiwanis Hobart Park which installation includes the placement of a small cabinet (4' x 2' x 1') .antenna wire and an antenna on the tower. 2. The installation of the repeater station has no adverse impact on the tower. M AUG . 8 1984 KOK 7 Fe'i5 AUG- 8 1984 Booz 57 Fr{CE 946 3. COUNTY grants to ROACH or ROACH'S designee(s) the right to access to the tower at reasonable times as shall be jointly agreed to on a case by case basis with the County Administrator. 4. The CORP. agrees to carry public liability insurance and property insurance in a minimum amount of FIVE HUNDRED TOHUSAND DOLLARS ($500,000.00), which policy shall be acceptable in form to the COUNTY. 5. CORP.:. agrees to indemnify and hold COUNTY harmless from any and all liability that may result from the use of the repeater station on the COUNTY tower, which shall include costs and attornevs' fees. 6. The parties agree that this agreement may be terminated by either the COUNTY or the CORP. by thirty (30) days' written notice to the other party. In the event of termination, the CORP. shall remove, at its costs, all of the equipment installed on the tower. Such removal shall be completed within the thirty (30) day period and the tower shall be restored 5y the CORP. to its previous con- dition, ordinary wear and tear excepted: IN WITNESS WHEREOF, ROACH, THE CORP. AND THE COUNTY, have executed this agreement on the day and year written above. This agreement supercedes the agreement of July 16, 1981. ATTEST: TREASURE COASTERS REPEATER ASSOCIATION, INC. BY: q JI ISAAil0 E -LijENT Nomas C. Pa mer, Secretary ATTEST:`-,,, FredaCVr�i,ght IST7Z OKCH,'Individually INDIAN RIVER COUNTY, FLORIDA BY: �.,... G Don C. Scurlock, Jr., Cairman 59 ® M r � � r ASSIGNMENT OF OPTIONS FOR SAVE OUR COASTS PROPERTY Attorney Brandenburg recalled that he had obtained three options under the "Save Our Coast" program on the Perlini, West Erdo and Morris tracts, and recommended that these options be formally assigned to the State so that we can place them before the Governor and the Cabinet for the State to exercise those options. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously (4-0, Commissioner Bird having left the meeting), approved assignment to the State of the options for the Perlini, West Erdo, and Morris tracts. Attorney Brandenburg advised that he has prepared a Notice of Exercising of Option for the above tracts. Included in that is an acknowledgment by the County and the property owner that it is a valid exercise of the option agreement and a modification of the original option terms. The County Attorney recommended that the Board approve the Notice of Exercising of Option for the three tracts. Attorney Brandenburg explained that the State's process is such that they have to go through a very arduous appraisal process and an appraisal review process. He reported that one appraisal is in on these properties and another one will be submitted either today or tomorrow. It is possible that they will not be reviewed and finalized by the time the Cabinet considers these options. When they review these appraisals, they set a maximum price. In the event that the option price that we have negotiated exceeds that maximum price, the State will not be able to pay it, but they will already have exercised the option and would 60 AUG 81994 BOOK 5)e7 1,1,.,F-947 AUG 8 1984 BOOK 5 7 Fr1;E 948 feel responsible. In order to get them off the hook so that they can commit to these tracts, we are getting the property owners to agree that if the maximum price is less than the option price, there are three alternative ways we can proceed: 1) The County can elect to pick up the difference between those two prices, or 2) Renegotiate a lower price with the property owner, or 3) Drop the options, period. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously (4-0, Commissioner Bird having left the meeting), approved the County Attorney's recommendations. NOTICES OF EXERCISING OPTIONS ARE ON FILE IN THE OFFICE OF THE CLERK REQUEST TO BRING SUIT AGAINST OWNERS OF VILLAGE GREEN Attorney Brandenburg explained that the owners of Village Green have been putting insufficient funds into utility escrow accounts and they have fallen severely behind in making those payments. He advised that Utilities Director Pinto has been working with them over the last six months to get those accounts updated, but they are gaining at a very slow rate and are still $91,000 in arrears. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously (4-0, Commissioner Bird having left the meeting), authorized the County Attorney to take the appropriate steps in connection with Village Green. 61 APPROVAL OF SEWER TARIFF FOR HUTCHINSON UTILITIES The Board reviewed the following memo dated 7/30/84: TO: The Honorable Members of thDATE: July 30, 1984 FILE: Board of County Commissioners THROUGH: Michael Wright County Administrator SUBJECT: HUTCHINSON UTILITIES 1) Order/Resolution No. 84-30 FROM: Terrance G. into REFERENCES: 2) Sewer Tariff Utility Services Director DESCRIPTION AND CONDITIONS: Hutchinson Utilities has filed a sewer tariff with this department in compliance with the Order (Resolution No. 84-30) issued by the Board May 2, 1984(Exhibit "1"). ALTERNATIVES AND ANALYSES: The authorized rate of return is 12.44% which includes an unweighed return on equity capital of 15.7%. This authorized rate of return is applied to the net base of $217,368. Therefore this tariff will generate $222,652 in gross wastewater revenues from customers enrolled as of December 31, 1983(Exhibit 11211). RECOMMENDATION: Staff recommends the approval of this sewer tariff for Hutchinson Utilities. Utilities Director Terry Pinto presented staff's recommendation for approval of the sewer tariff for Hutchinson Utilities. He advised that a copy was given to Sam White of the Moorings Property Owners Association and to Bill Stewart, Attorney for St. Edwards School, and neither are in attendance today. Director Pinto noted there were two changes that had to be made in the Sewer Tariff document on Page 10, under 7.0, DESCRIPTION OF CHARGES. Under A. Base Facility Charge, the first sentence should read: "This is a fixed monthly charge 62 AUG 8 1984 Boa 57 Fa,E 949 BOOK 57 PAs�� 950 which represents costs related to having facilities available for use and reserved by Customers." Another change is under C. Waste Water Treatment Charge. The last sentence should read: "It applies to each equivalent residential unit for each month in which the Customer is connected to the collection and treatment system." ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously (4-0, Commissioner Bird having left the meeting), approved the sewer tariff for Hutchinson Utilities, as recommended by Director Pinto. TARIFF IS ON FILE IN THE OFFICE OF THE CLERK MENTAL HEALTH PLANNING COUNCIL Commissioner Wodtke explained that the Mental Health Planning Council is one of two that came out of, and took the place of, the District IX Mental Health Board. This Council will have a total of 19 representatives, five each from Indian River and Martin Counties, three from Okeechobee and six from St. Lucie. The second council will have representatives only from Palm Beach County. Of Indian River County's five representatives, there will be one County Commissioner and one person from the School Board. The appointments are to made by August 25, 1984. Commissioner Wodtke offered to be the representative from the County Commission. He advised that he has contacted Dr. Harry Hurst from the School Board, who is considering the appointment. Three other representatives are needed from the community who are interested in alcoholism, drug abuse and mental health services. However, no representatives or their spouses can work for any board 0 7-1 63 or agency that provides any services in those areas. He urged the media to help find candidates to fill the three remaining seats. Commissioner Wodtke advised that he has a list of recommendations from HRS and he will give them to Mrs. Forlani. FLORIDA SHORE AND BEACH PRESERVATION ASSOCIATION ANNUAL MEETING ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously (4-0, Commissioner Bird having left the meeting), the Board authorized out -of County travel for Commissioners and appropriate staff members to attend the Florida Shore and Beach Preservation Association's Annual Meeting on Captiva Island, September 19-21, 1984. MARINE RESOURCES COUNCIL SYMPOSIUM OFFICERS CHAIRMAN Clifton A. McClelland, Nabors, Potter, McClelland, Griffith & Jones, P.A. VICE CHAIRMAN - ADMINISTRATION Dr. Iver W. Duedall Oceanography - F.I.T. VICE CHAIRMAN - GOVERNMENT REGULATIONS Ted Moorhead Office of Congressman Bill Nelson VICE CHAIRMAN - PROGRAMS Reese Kessler Florida Department of Environmental Regulations STEERING COMMITTEE Diane Barile Oceanography - F.I.T. Sam Halter City of Melbourne Robert In— The Board reviewed the following letter dated 7/30/84: MARINE RESOURCES COUNCIL of East Central Florida 204 W. University Blvd. • Melboume, FL 32901 • 305/676-2978 July 30, 1984 The Honorable Don C. Scurlock, Jr. 1656 71st Court Vero Beach, Florida 32960 Dear Mr. Scurlock: The Indian River and its associated freshwater streams are major heartlines in the economic, recreational, and aesthetic well being of the Treasure Coast. The lives of the people in each community in the region have been touched in some way by this valuable and viable resource. Its estuarine 64 Boc5 57 F'.1cl 95) 1 AUG 8 1984 BOOK '�*7 u. F.952 Harbor Branch Foundation lagoon system offers jobs to those in shipping, Joe Lapola fisheries and marine industries. The cultural and Port Canaveral Authority recreational amenities of the river attract Malcolm McLouth fishermen, boaters and tourism from throughout the Stottler Stagg & Associates state and nation. The river has been an asset in Stephen Peffer Harris Semiconductor attracting new business and employees to the growing Dr. John Ryther high technology industrial base in East Central Harbor Branch Foundation Florida. Jerry Sansom Organized Fishermen of Florida Dr. Tom Stephens The Marine Resources Council of East Central Florida Environmental Science-F.I.T. was established in 1983 and meets quarterly to bring Raymond E. Stern together community leaders to facilitate information Dr. Richard Turner Biological Sciences - F.1 T. T. exchange d coordinate decision-making on issues ancoornaecon g g Joe Wickham related to the Indian River. A symposium is being Brevard County Commission scheduled in January, 1985, to seek a consensus on key marine resource management issues. Similar presentations based on a modified American Assembly format, have proven beneficial in establishing direction for planning, management and decision-making in Biscayne Bay and Tampa Bay. The purpose of this letter is to invite your support for the symposium on several levels. - First, the Marine Resources Council invites your membership and participation on a continuing basis. — Second, your community could be asked to participate in the symposium. Attached you will find a brief description of the M.R.C. and the Indian River Symposium. - Third, the M.R.C. would like to invite your community to become a co-sponsor of this vital event. The Florida Sea Grant Program will match up to $10,000 of funds donated by local sponsors. A contribution of $200 to $1,000 would indicate your dedication to sound decision-making and planning for the future of the Indian River system. I look forward to our working together as members of the Marine Resources Council and as co-sponsors and participants in the Indian River Symposium. S ' ncer-.e1 _ i 1 IMO.R.C. hn H. Rythe:� Steering Committee Commissioner Lyons felt that John Ryther is one of the most outstanding authorities on marine resources and recalled that Mr. Ryther had volunteered his services when an all out effort was being made to stop the dumping of sewage in Indian River. Commissioner Lyons wished to see the County become a member of the Marine Resources Council of East Central Florida and support and participate in the symposium planned for January, 1985. 65 ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously (4-0, Commissioner Bird having left the meeting), approved the membership fee of $2.00 to join the Marine Resources Council of East Central Florida and the amount of $200 to sponsor the symposium. DISCUSSION RE MEDICAL EXAMINER FOR THE 29th DISTRICT, DR. LEONARD WALKER Considerable discussion took place regarding the County's relationship with Dr. Leonard Walker, Medical Examiner. Commissioner Lyons was appointed to investigate the associated problems and to meet with the representatives of the other counties to see if a mutually agreeable contract can be worked out with Dr. Walker. Commissioner Lyons indicated that he would need to gather a little more information before the meeting, and asked for instructions from this Commission. The Commissioners agreed that any contract should state that the position be filled by a full time forensic pathologist who would use the facility provided at Indian River Community College. Commissioner Lyons noted that although it had been our understanding when we first agreed not to oppose the appointment of Dr. Walker, that he would be qualified as a forensic pathologist within a reasonable period of time, we have received some statements which indicate that he will not be able to do this. DOCUMENTS TO BE MADE A PART OF THE MINUTES A. Resolution 84-49 Resolution 84-49 is hereby made a part of the Minutes as approved at the Regular meeting of July 18, 1984. Said License Agreement is on file in the Office of the Clerk. 66 n BOQK 57. F'IA53 II AUG � 1994 I -I c.d, { r BOOK trei,;;. 9+ i � 4- RESOLUTION NO. 84-49 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING EXECU- TION OF A LICENSE AGREEMENT WITH FLORIDA EAST COAST RAILWAY CONCERNING THE 8TH STREET GRADE CROSSING WHEREAS, the County is presently making substantial improvements to the 8th Street corridor which will involve an upgrading of the 8th Street grade crossing of existing Florida East Coast right-of-way and tract; and WHEREAS, the County must execute a new license agree- ment with the Florida East Coast Railway in order to upgrade and expand the crossing, which agreement sets forth the responsibility of the County to fund the placement and maintenance of certain warning devices in crossing structures, among other conditions and limitations; and WHEREAS, it has been determined that the terms of the agreement are reasonable and that the execution of this license agreement is in the best interest of the citizens of Indian River County, Florida. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the foregoing recitals are ratified and that the Chairman and Clerk are author- ized to execute and deliver two original copies of the proposed license agreement attached hereto as Exhibit "A" since the Public Works Director is further authorized and directed to carry out and abide by the requirements contained therein. The foregoing resolution was offered by Commissioner Bird, who moved its adoption. The motion was seconded by Commissioner Bowman and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice -Chairman Patrick B. Lyons Absent Commissioner Richard N. Bird Aye Commissioner Margaret C. Bowman Aye Commissioner William C. Wodtke, Jr. Aye The Chairman thereupon declared the resolution duly passed and adopted this 18th day of July, 1984. ®1_ Attest: �/ 7 'FREDA WRIGHT Clerk AP AN By BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA A DON C. SCURLOCR, JR. Chairman NEEN"NAA AUG 8 1984 _2_ BOOK 5 7 pgG, 955 A U G 8 1984 BOOK 57 Fnlar,956 B. Change Order #2 - 16th Street Traffic Improvements Change Order #2 for the 16th Street Traffic Improvements with Dickerson Florida, Inc. is hereby made a part of the Minutes as approved in the Regular Meeting of July 11, 1984° Owner's Project No. CHANGE ORDER NO. 2 Dated June 18, 1984 - 8105 Engineer's Project No. 82-233 Project 16th Street Traffic Improvements Owner Indian River Count Contractor Dickerson Florida, In__ Contract Date Contract For 16th Street Traffic Improvements To: Dickerson Florida, Inc. Contractor You are directed to make the changes noted below in the subject contract: Nature of the Change: Enclosures: Owner INDIAN RIVER COUNTY By: Date (See attached sheet) Page 1 of 3 Pages I The changes result in the following adjustment of Contract Price and Time: Contract Price Prior to this Change Order $ 2,217,530.65 Net (Increase) (Dom) resulting from this Change Order $ Current Price Including This Change Order 23,731.61 $ 2,241,262.26 Contract Time Prior to this Change Order -480- Calendar Days. Net (Increase) (NoNuN) resulting from this -30- Calendar Days Change Order Current Contract time including this Change -510- Calenday Days Order The above changes are approved: LLOYD - & -ASSOCIATES , INC. Engineer By: zzw Date: June 18, 1984 The above changes are accepted: DICKERSON FLORIDA IN t By: Date: ACCEPTED 7BY : -=► INDIAN RIVER COUNTY Owner Date: FLa -7zfl Page_ 2 of 3 Pages 70 AUG 8 1984 BOOK 57 Pa UE 95 7 AUG 8 1984 BOOK 57 fig;; t 958 INDIAN RIVER COUNTY 16TH STREET TRAFFIC IMPROVEMENTS Change Order #2 ITEM N0. DESCRIPTION QTY. UNIT UNIT PRICE TOTAL 110-1 Clearing & Grubbing 1 L.S. $ 1 500.00 $ 1 5nn_Qf 120-1 Regular Excavation C.Y. $ 4.60 $ 2,070-00 200-1-4A Coquina Base(12" $ 6.06 $ 8,059.80 Primed) 1330 S.Y. 331-2 Asphaltic Concrete 133 TONS $ 36.00 $ 4,788.00 425-1-351 Inlets (Curb, Type 1 EACH $ 1,562.00 $ 1,562.00 P-5) 425-1-361A Move Inlets (Curb, 490.00 $ 980.00 Type P-6) 2 EACH $ 425-3-51 Junction Boxes ' 11 EACH $ 673.00 $ 673.00 (P-7NT) 430-1-152 Concrete Pipe Culvert $ 20.85 $ 729.75 (15" SS) Class IV 35 L.F. 430-1-153 Concrete Pipe Culvert $ 22.43 $ 493.46 (18" SS) Class IV 22 L.F. 520-1-10 Concrete Curb & Gutter (Type F) 25 L.F. $ 4.15 $ 103.75 522-1 Concrete Sidewalk $ 9.64 $ 2,410.00 (4" Thick) 250 S.Y. 711-3C Pavement Messages ORailroad Crossing) Thermoplastic 1 EACH $ 250.00 $ 250.00 711-2W Skip Traffic Stripe _ (4" White)Thermo- plastic 250 L.F. - $ 0.25 $ 62.50 711-6-41W Solid Traffic Stripe (4" White) Thermo- palstic -75 L.F. $ 0.35 $ (26.25) 711-6-241W Solid Traffic Stripe .(24" White) Thermo- $ 2.10 $ 75.60 plastic 36 L.F. 23,731.61 TOTAL ADDITIONS $ Page 3 of 3 Pages 71 777 There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 12:50 o'clock P.M. Attest: ClerkChairman 72 AUG 8 1984 BOOK 57 pk�F.959