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HomeMy WebLinkAbout12/11/1985Wednesday, December 11, 1985 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, December 11, 1985, at 9:00 o'clock A.M. Present were Patrick B. Lyons, Chairman; Don C. Scurlock, Jr., Vice Chairman; Richard N. Bird; Margaret C. Bowman; and William C. Wodtke, Jr. Also present were Michael J. Wright, County Administrator; Charles P. Vitunac, Attorney to the Board of County Commissioners; L.S. "Tommy" Thomas, Director of Intergovernmental Relations; Joseph Baird, 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 Administrator Wright requested the addition to today's Agenda of the lease agreement with Williams Mobile Offices for the temporary jail facility. Administrator Wright announced that William Caldwell, Attorney representing Ralph W. Sexton, has formally withdrawn Item 9 - Appeal of Condition attached to the Preliminary Plat Approval of Old Sugar Mill Estates, Unit 5 Subdivision, continued from September 22, 1985. Administrator Wright noted that Item 13 - Additional Cost for Additional Aerial Photograph of Barrier Island - had been taken care of at last week's meeting and requested it be deleted from today's Agenda. DEC 11.1985 Boa� FA�E �Q�'`� DEC 11195 BOOK FAGE�3' Commissioner Bird requested two items be added to today's Agenda: 1) A discussA on on a trip to Tallahassee on the Save Our Coast program, and 2) the announcement of a $10,000 contribution to the golf course equipment fund. Attorney Vitunac requested the addition of Item 5-P on today's Consent Agenda of a matter re a trade of County park property in Orchid Isle. Commissioner Bowman requested the addition of a discussion re the advertising requirements on Homestead Exemptions. Chairman Lyons requested the addition of a report on mediations with the architects on the jail. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously added and deleted the above items from today's Agenda. APPROVAL OF MINUTES The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of 11/6/85. Commissioner Bowman corrected the spelling of Daphne Strickland's name on Page 64. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously approved the Minutes of the Regular Meeting of 11/6/85, as corrected. The Chairman asked if there were any additions or corrections to the Minutes of the Special Meeting of 11/21/85. There were none. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously approved 2 the Minutes of the Special Meeting of 11/21/85, as written. CONSENT AGENDA Commissioner Scurlock requested that Items N, 0, and P be removed from the Consent Agenda for discussion, and Commissioner Bird requested Item K be removed also. A. Approval of Renewal Applications for Permit to Carry a Concealed Firearm The Board reviewed the following memo dated 12/3/85: TO: The Honorable Members of DATE: Discember 3, 1385 FILE: the Board of County Commissioners FROM: Michael Wright County Administrator SUBJECT: PISTOL PERMITS - RENEWALS REFERENCES: The following applicants have applied for renewal of pistol permits: Alvin Young Anthony P. Procaccini Jonathan Washington Leroy Brown Eugene D. Dvorak All requirements of the ordinance have been met. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously renewed permits to carry a concealed firearm for: Alvin Young Anthony P. Procaccini Jonathan Washington Leroy Brown Eugene D. Dvorak 3 DEC 111985 900A 62 ka: FmsE � r DEC 111985 BOOK 62 PAGE 940 B. Execution of Supplemental Agreement with Frizzell Architects The Board reviewed the following memo dated 12/11/85: TO: The Honorable Members of DATE: November 22, 1985 FILE: the -Board of County Commissioners FROM: Michael County A n SUBJECT: Frizzell Architects Supplemental Agreement REFERENCES: ator Commissioner Lyons, Charles vitunac, Sonny Dean and I met with representatives of Frizzell Architects on November 12, 1985 and agreed to recommend the attached supplemental agreement to cover architectural services on the minimum security addition to the Indian River County Detention Facility. _ The original contract called for basic compensation, a percen- tage of construction cost as defined below:. Construction 1,000,000 1,500,000 2,000,000 3,000,000 4,000,000 5,000,000 6.,000,000 7,000,000 0,000,000 Cost Fee 7.5 percent 7.3 percent 7.1 percent 6.9 prcent 6.8 percent 6.7 percent 6.6 percent 6.5 percent and greater 6.4 percent The cost of the initial jail was approximately $3.9 million resulting in a fee of 6.9 percent of the construction cost. If the second phase of the. jail, which has ballpark estimated cost of $1.6 million, had been included in the original contract, the architect's fee would have been 6.7 percent, based on a combined cost of $5.5 million. If the second phase were considered to be a totally separate project, the fee would be 7.3 percent of the construction cost. Since the second phase was not included in the original sub- missions to the Department of Corrections and considerable effort must be extended to obtain additional approvals, the County nego- tiating committee concluded the minimum security building should not be considered a pure extention of the original detention faci- lity. However the minimum security building does not have all the characteristics -of a free standing project:' Therefore, the Committee recommends the architect's compensa- tion. --be determined from the fee schedule by averaging a fee based on the cost of Phase II construction by itself with a -fee based on the cost of construction of Phases I and II combined, or 7 percent. In addition, the architect shall rebate an additional one- quarter of the $40,000 lump sum fee previously paid the architect for the Indian River Criminal Justice Complex study. 4 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved the supplementary agreement to cover the services of -- Frizzell Architects on the second phase of construction at the Indian River Jail, and authorized the Chairman's signature. SUPPLEMENTARY AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND W. R. FRIZZELL ARCHITECTS, INC. W. R. Frizzell Architects, Inc., shall provide architectural and engineering services for Phase II of the Indian River County Jail consisting of a Minimum Security Prisoner Housing Pod and related facilities. These services shall be performed under the terms of the Owner/Architect Agreement between Indian River County and W. R. Frizzell Architects, Inc., dated October 6, 1982. Phase I consists of the work presently under a construction contract. Compensation for the Architect's basic services shall be based on the Fee Schedule in Paragraph 14.2.1 of the Agreement. The amount of the fee percentage shall be determined from the schedule by averaging a fee based on the cost of the Phase II construction by itself with a fee based on the cost of construction of Phases I and II combined. The Architect shall also rebate an additional one-quarter of the $40,000.00 lump sum fee previously paid the Architect for the Indian River County Criminal Justice Complex Study, according to the follow- ing schedule: Schematic design phase $ 1,500.00 Design development Phase $ 2,000.00 Construction Document Phase $ 4,000.00 Bidding or Negotiation Phase $ 500.00 Construction Phase $ 2,000.00 Total X10,000.00 The October 6, 1982 Agreement and the Supplementary Agreement executed by the County on April 18, 1984, remain in full force and effect ex- cept to the extent specifically modified by: this document. The parties hereto have set their hands and seals on the � , �ay:sct forth next to their signatures. DATE I ! 113 8 5' W. R. FRIZZE CARCHITE TS, t By •'. , Approved: ' George H. i , President DATE December 11' 1985 BOARD COUNTY COMMISSIONERS OF IND E UN - Approved as to form /7 and legal sufficiency BY "4;B P rick B. , hairman Charm P. Vitunac County Attorney 5 BOOK 6Pr1�E 0.41 DEC 111985 r DEC 111985 Bou 62 PnE 942 C. Approval of Out -of -County Travel - Scottsdale, Arizona ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved out -of -county travel for Commissioners and appropriate staff to attend the Strategic Plans technical conference in Scottsdale, Arizona, January 22-24, 1986. D. Proclamation - Sherman N. Smith, Jr., Esquire ON VOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously entered into the record the following proclamation awarded to Sherman N. Smith, Jr., Esquire. 6 M ® M P R O C L A M A T I O N WHEREAS, Sherman' N. Smith, Jr., Esquire has been active as an attorney and counselor at law in Florida since December 'of 1935 and, on December 2nd, 1985, observed the Fiftieth Anniversary of his admission to the practice of law in the State of Florida; and WHEREAS, Sherman N. Smith, Jr., Esquire served his country with distinction as a Naval officer during World War II; and WHEREAS, Sherman. N. Smith, Jr., Esquire served as Indian River County Prosecuting Attorney and attorney to the Board of County Commissioners of Indian River County, Florida, for twelve years; and WHEREAS, Sherman N. Smith, Jr., Esquire served as City Attorney for Vero Beach, Sebastian and Fellsmere for several years; and WHEREAS, Sherman N. Smith, Jr., Esquire served the citizens of Indian River County as a member of the Florida House of Representatives from 1952 to 1956; and WHEREAS, Sherman N. Smith, Jr., Esquire served as Associate Judge and Chief Judge of the Second and Fourth District Courts of Appeal of Florida from 1961 to 1966; and WHEREAS, on December 13th, 1985, the Indian River County Bar Association will host a testimonial luncheon to honor the countless achievements of Sherman N. Smith, Jr., Esquire; and WHEREAS, Sherman N: Smith, Jr., is well known w to the citizens of Indian River County and the State of Florida' as a gentleman, a statesman and a scholar; and DEC 111985 Boa 62 F -a E 94 r � DEC 111985 Booz 62 PAGE 944 WHEREAS, we the citizens 'of Indian River County are, honored to include Sherman N. Smith, Jr. as a member of our pcommunity; NOW - , HEREFORE;t. on"behalf 0-fitself and all the citizens of Indian River County,; 'BE IT: PROCLAIMED- that the Board of County Commissioners hereby expresses its congratulations and sincere appreciation to Sherman N. Smith, Jr., Esquire for his fifty years of dedicated and exemplary service and leadership as an attorney and counselor of law, state representative, judge and honored member of our community; and BE IT FURTHER PROCLAIMED that Sherman N. Smith, Jr., Esquire is hereby recognized and applauded for his countless achievements and service to the nation, the State of Florida and Indian River County; and BE IT FURTHER PROCLAIMED that in recognition of the accomplishments of this remarkable person, the week of December 8th through December 14th shall be designated as "SHERMAN N. SMITH, JR. WEER" -P in Indian River County. Attest j FREDA WRIGHT, C1 rk BOARD OUNTY COMMISSIONERS OF I I RIVER COUNTY, FLORIDA B PATRICK B. L1r0)M,,j Chairman 8 E. IRC Bid #262 - (1) New 1986 Economy Pickup Truck (4 x 4) The Board reviewed the following memo dated 12/3/85: TO: Board of County Commissioners DATE: Dec. 3, 1985 Thru: Michael Wright County Administrator FILE: SUBJECT: IRC BID #262 -One (1) New 1986 Economy Pickup Truck (4 x 4 ) FROM: .��-i.lJ REFERENCES: Carolyn bodiri_ i,_ Manuger Purchas2rng Department 1. Description and Conditions Bids were received Tuesday, November 26, 1985 at 11:00 A.M. for IRC #262 - One (1) New 1986 Economy Pickup Truck (4 x 4) for Code Enforcement and the Building Department. 13 Bid Proposals were sent out. Of the 5 Bid Proposals returned, 1 was a "No Bid". 2. Alternatives and Analysis The low bid on Item #1 -Economy Pickup Truck (4 x 4)'was submitted by Sunrise Ford, Ft. Pierce, Fl. in the amount of $8624.00. However, Mr. Burger of Sunrise Ford has requested withdrawal of his bid because he bid a 2WD instead of a 4 WD. (See attached letter). The second low bid was submitted by Southside Ford, Jacksonville, in the amount of $9555.00. The low bid on the alternate, Item #2 -Economy Utility Vehicle (4 x 4) was sub- mitted by Southside Ford, in the amount of $10,400.00. State Contract prices are as follows: Item#1-$9286.00 -Don Reid Ford Item#2-$11,067.00 - AMC Jeep Code Enforcement and the Building Department both have $10,000.00 budgeted for a vehicle. Although the bid was for 1 vehicle, the General Conditions on the Invitation to Bid allow for "acquiring additional quantities at prices quoted". 3. Recommendation and Funding It is recommended that Sunrise Ford be allowed to withdraw their bid and that (2) Economy Pickup trucks be purchased from the Florida State Contract in the amount of $9286.00 each. Funding as follows: Code Enforcement -#004-207-515-66.42-$10,000.00 budgeted. Building Dept. -#441-233-524-66.42-$10,000.00 budgeted. 9 DEC 111985® �� r DEC 111985 BOOK 62 FADE 9464 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved the purchase of (2) Economy Pickup trucks from the Florida State Contract in the amount of $9,286 each, as recommended by Purchasing Manager Goodrich. BOARD.OF COUNTY COMMISSIONERS 1840 25th Street Vero Beach, Florida 32960 BID TABULATION ! BID NO. I IRC BID 0262 DATE OF OPENING Nov. 26, 1985 m° tet"`' zi a r ,o io o BID TITLE One (1) New 1986 _E _ ITEM NO. DESCRIPTION Q. UNIT PRICE UNIT PRICE b�^ UNIT PRICE UNIT PF iz ! BID NO. I IRC BID 0262 DATE OF OPENING Nov. 26, 1985 m° tet"`' zi a r ,o io o BID TITLE One (1) New 1986 _E _ ITEM NO. DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PF 11. One (1) New 1986 Economy Pickup Truck (4 x 4) 1 Each 8624 00 10696 00 NB 10537 35 9555 00 A! rnate--- 2. One 1 New 1986 Economy Utilit Vehicle (4 x 4) 1 Each 12225 00 12713 94 NB 1 11437 75 10400 00 after receipt of Purchase Order Das 1 60-90 60-75 120 90 + 10 F. IRC Bid #263 (2) New 1/2 Ton Pickup Trucks & (1) New 1 -Ton Crewcab Pickup Truck The Board reviewed the following memo dated 12/3/85: TO: Board of County Commissioners DATE: December 3, 1985 FILE: THRU: Michael Wright SUBJECT: IRC BID #263-(2) New 1/2 Ton County Administrator Pickup Trucks & (1) New 1 Ton Crewcab Pickup Truck. FROM:eli S6;-Z"EFERENCES: Carolyn drich, Manager Purchasing Department 1. Description and Conditions Bids were received Tuesday, November 26, 1985 at 11:00 A.M. for IRC #263- (2) New 1/2 Ton Pickup Trucks & (1) New 1 Ton Crewcab Pickup Truck for the Parks Department. 11 Bid Proposals were sent -out. Of the 5 Bids received, 1 was a "No Bid". 2. Alternatives and Analysis The low bids are as follows: Item 1. - 1/2 Ton P/U-6' Bed - $7684.00 - Southside Ford Item 2. - 1/2 Ton P/U-8' Bed - $7826.00 - Southside Ford Item 3. - 1 Ton Crewcab P/U Truck - $11,539.00 - Southside Ford The State Contract prices are as follows: Item #1 - 1/2 Ton P/U-6' Bed - $7536.62 - Jack Wilson Chevrolet Item #2 - 1/2 Ton P/U-8' Bed - $7681.56 - Jack Wilson Chevrolet Item #3 - 1 Ton Crewcab P/U Truck - $13,225.00 - Duval Motors (Ford) 3. Recommendation and Funding It is recommended that Items 1& 2 be purchased from the Florida State Contract and Item #3 be purchased from the low bidder, Southside Ford, Jacksonville, F1. Total cost of the 3 vehicles - $26,757.18. There is $27,000.00 budgeted in Account #001-210-572-66.42 for the purchase of 3 vehicles. 11 Boos 62 PAGE 947 DEC 111995 n BOOK 62 >•AGE 748 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved the purchase of Items 1 8 2 from the Florida State Contract and Item #3 from the low bidder, Southside Ford, Jacksonville, FI, in the amount of $26,757.18,, -recommended by Purchasing Manager Goodrich. BOARD OF COUNTY COMMISSIONERS 1840 25th Street Vorn Rcnrh Ginriiin -zoman Q BID TABULATION V^ 1, k o{� �� �o t'� �� QP 4 a�� ' a�i �' y �° a J� `' UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PF BID NO. IRC BID #263 DATE OF OPENINGIf-A Nov. 26, 1985{a�'yBID TITLE (2) New 1986 1/2 Ton Iruck & 1 Ton Crewc ITEM NO. DESCRIPTION I. One (1) New 1986 112 Ton PickupTruck I 1 Each282 PO 8513.95 NB 8401 12 7684 00 I 2. One (1) New 1986 1/2 Ton Pickup Truck 1 Each 8430 CKL A664 Ng 8547ML 26 00 3. one New 1986 1 Ton Crewcab Pickup Truck 1 Each --1218o 00 12502 68 NB 12516 30 11539 00 4. Days required for delivery after receipt of Purchase Order Days 45-6 60-7 120 90+ f9l 60-91, 12 G. _IRC Bid #264 - (1) New 1986 1 -Ton Cab -Chassis The Board reviewed the following memo dated 12/3/85: TO: Board of County Commissioners DATE: December 3, 1985 FILE: THRU: Michael Wright SUBJECT: IRC BID #264 -One (1) New 1986 County Administrator Ton Cab Chassis M - FROM: �., �Iz"EFERENCES: Carolyn G odrich, Manager Purchasing Department 1. Description and Conditions Bids were received Tuesday, November 26, 1985 at 11:00 A.M. for IRC #264- One (1) New 1986 1 Ton Cab -Chassis for the Traffic Engineering Department. 13 Bid Proposals were sent out. Of the 6 Bids received, 1 was a "No Bid". 2. Alternatives and Analysis The low bids are as follows: Item #1 - 1 Ton Cab -Chassis - $10,450.00- General GMC Trucks Item #2 - (Alternate) 1 Ton Pickup -$11,300.00 - General GMC Trucks The State Contract prices are as follows: Item #1 - 1 Ton Cab -Chassis- $11,689.00 - Duval Motors (Ford) Item #2 - (Alternate) 1 Ton Pickup - $12,295.00 - Duval Motors (Ford) The Traffic Engineering Department has elected to go with the alternate - 1 Ton Pickup, for the reasons stated in the attached memo. 3. Recommendation and Fundin It is recomended that IRC #264 be awarded to the low bidder for the alternate General GMC Truck Sales, in the amount of $11,300.00. There is $18,500.00 in Account $111-245-541-66.42. DEC 111985 13 BOOK E 9 DEC 111995 BOOK 62 PAGE 9130 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously awarded IRC Bid #264 in the amount of $11,300 to the low bidder, General GMC Truck Sales for (alternate) 1 -Ton Pickup, as recommended by Purchasing Manager Goodrich. BOARD, OF COUNTY COMMISSIONERS 1840 25th Street Vero Beach, Florida 32960 BID TABULATION% ^y ft yo C ~ .0 '� O '� O ,� �`' ., ,o F �•� .c J tt �a C r a� °j� IQ co fiJ' QJ � �c"`' SID NO. IRC BID #264 DATE OF OPENING Nov. 26, 1985 - T SID , IT (1) New 1986 1 Ton Cab-Cha.,/�3' ITEM DESCRIPTION Ivo. UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNI' 1. One (1) New 1986 1 Ton i ' Cab -Chassis_ 1 Each 11327 00 10450 001 11747 591 NB 1 11933 74 1100C 00 2. Alternate One (1) New 1986 One Ton Pickup Truck 1 Each 12613 00 11300 00 13092 47 NB 13295 86 12242 00 3_ ❑ay c rPgui rPdfor delivery _ after receipt of Purchase Order Das _ _ _ 90+ 14 H. IRC Bid #265 - (1) 1986 Flatbed Dump Truck The Board reviewed the following memo dated 12/3/85: TO: Board of County Commissioners DATE: December 3, 1985 FILE: THRU: Michael Wright SUBJECT: IRC BID #265 -One (1) 1986 County Administrator Flatbed Dump Truck w FROM: REFERENCES. Carolynodrich, Manager Purchasi g Department 1. Description and Conditions Bids were received Tuesday, November 26, 1985 at 11:00 A.M. for IRC #265 - for the Road & Bridge Department. 17 Bid Proposals were sent out. Of the 10 bids returned, 4 were "No Bids". 2. Alternatives and Analysis - The low bid was submitted by Ross Chevrolet, St. Petersburg in the amount of $22,753.00,less trade-in of $2,225.00 for a net price of $20,528.00. The truck that is available on the State Contract is an International. However, it is only available with a 11' body and cost would be $27,173.00. 3. Recommendation and Funding It is recommended that IRC #265 be awarded to the low bidder, Ross Chevrolet, in the amount of $20,528.00. There is $25,000.00 budgeted in Account #111-214-541-66.43. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously awarded IRC Bid #265 in the amount of $20,528 to the low bidder, Ross Chevrolet, St. Petersburg, for (1) 1986 Flatbed Dump Truck, as recommended by Purchasing Manager Goodrich. 15 a E C 111985 DEC 111995 BOOK - PACE 952) sTrade-In -1800 00 -2700 J25- 1974 Ford Flatbed I 2;762100 123088111121 Days required for delivery after receipt of Purchase order BOARD.OF COUNTY COMMISSIONERS 1840 25th Street Vero Beach, Florida 32960 BOARD OF COUNTY COMMISSIONERS BID TABULATION BID NO. DATE OF OPENING m 1840 25th Street {ti BID TITLEOne Cr) 1986 Flatbed Dump Ts ,p �~ ITEM NO. DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT P Vero Beach, Florida 32960 �° 1z 22753-00 24541--20 2. Less Trade -In =2225 001'=219 00 Veh.#25- 1974 Ford Flatbed 22 Dump 3. Das required for delivery BID TABULATION after receipt of Purchase order BID NO. IRC DATE OF OPENING BID #265 Nov. 26, 1985 BID TITLEOne (1) 1986 Flatbed Dump saw a ,� mew mem ITEM NO. DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE Ul 1. One (1) 1986 Flatbed Dump Truck 1 Each NR INR I I .. I I sTrade-In -1800 00 -2700 J25- 1974 Ford Flatbed I 2;762100 123088111121 Days required for delivery after receipt of Purchase order BOARD.OF COUNTY COMMISSIONERS 1840 25th Street Vero Beach, Florida 32960 BID TABULATION BID NO. DATE OF OPENING m IRC BID #265 Nov. 26, 1985 y a BID TITLEOne Cr) 1986 Flatbed Dump Ts ITEM NO. DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT P 1. One (1) 1986 Flatbed Dump Truck 1 Each 22753-00 24541--20 2. Less Trade -In =2225 001'=219 00 Veh.#25- 1974 Ford Flatbed 22 Dump 3. Das required for delivery after receipt of Purchase order Das 90-120 45 60 16 I. IRC Bid #266 - (2) 1986 12-14 Yard Dump Trucks The Board reviewed the following memo dated 12/3/85: TO -Board of County Commissioners THRU: Michael Wright County Administrator A DATE: December 3, 1985 FILE: SUBJECT: IRC BID #266 -Two (2) 1986, 12-14 yd Dump Trucks i FROM: �i-�-�- REFERENCES: Carolyn Goodrich, Manager Purcha4hg Department 1. Description and Conditions Bids were received Tuesday, November 26, 1985 at 11:00 A.M. for IRC #266 - Two (2) 1986, 12-14 yd. Dump Trucks for the Road & Bridge Department. 17 Bid Proposals were sent out. Of the 8 Bids received, 2 were "No Bids". 2. Alternatives and Analysis The low bid was submitted by General GMC Truck Sales, West Palm Beach, in the amount of $43,988.00 each, less $9000.00 each trade-in, total net bid $34,988.00 each vehicle or $69,976.00 for both. With the Heil HPT body as requested in the bid specs, the total for 2 trucks would be $71,776.00. -- 12-14 yd. dump trucks are not available on the State Contract. 3. Recommendation and Funding It is recommended that IRC #266 be awarded to the low bidder General GMC in the amount'of $71,776.00. for 2 GMC 12-14 yd. dump trucks w/Heil HPT bodies. There is $91,000.00 budgeted in Account #111-214-541-66.43. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously awarded IRC Bid #266 in the amount of $71,776 to the low bidder, General GMC Trucks Sales, W. Palm Beach, for (2) GMC 12-14 yd. dump trucks w/Heil HPT bodies, as recommended by Purchasing Manager Goodrich. 17 BooK V2 PHUE 95e r DEC 11 195 BOOK 62 J. IRC Bid #267 - (1) New 1986 1 -Ton Flatbed Truck The Board reviewed the following memo dated 12/3/85: TO: Board of County Commissioners DATE: December 3, 1985 FILE: THRU: Joe Baird �- Management & udget Director THRU: Michael Wright SUBJECT: IRC BID #267 -One (1) New County Administrator 1986 1 Ton Flatbed Truck FROM: REFERENCES: Carolyn odrich, Manager Purchas g Department 1. Description and Conditions Bids were received Tuesday, November 26, 1985 at 11:00 A.M. for IRC #267 - One (1) New 1986 1 Ton Flatbed Truck for the Building & Grounds Department. 13 Bid Proposals were sent out. Of the 6 Bids received, 1 was a "No Bid". 18 m � BOARD OF COUNTY COMMISSIONERS 1840 25th Street t, qk Vero Beach, Florida 32960 �o� Iwo ,e' i 4 y .� ice• V Qim m BID TABULATION BID NO. DATE OF OPENING q`° c 4 y�°' m wyy �c°,o y c; IRC BID #266 Nov. 26, 1985 a y �Rw c q ���° c m�E �.�; ca BID TITLETwo (2) 1986 Trucks, Q 3v, q y�q"J X214 Reim ITEM DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT NO. 1. Two (2) 1986 Trucks, 12-14 Yard (2) Dump, with Heil Model HPT Dump Each Total Each Eac Each Eac Body or equal 2 Each NB NB 43449 00 94744 60 43734 00 44862 62 43461 43988 00 2. Less Trade -In Veh 35 & 14 _ LesTrade-In -3000 00 =18600 00 -6000 00 -40 00 00 -6400100 -900 00 -3500 00 -70DO 00 -4000 00 -6400100 -900 00 _ 81725 24 74122 00 6997E.00 3. Days required for,delivery after 73898 00 Total (2) Total(2) Total(2) Total(2) receipt of Purchase Order Days 90-1 0 16 120 90-12 90-11 1 90-120 -�" W/He it iPT Bod 7177 J. IRC Bid #267 - (1) New 1986 1 -Ton Flatbed Truck The Board reviewed the following memo dated 12/3/85: TO: Board of County Commissioners DATE: December 3, 1985 FILE: THRU: Joe Baird �- Management & udget Director THRU: Michael Wright SUBJECT: IRC BID #267 -One (1) New County Administrator 1986 1 Ton Flatbed Truck FROM: REFERENCES: Carolyn odrich, Manager Purchas g Department 1. Description and Conditions Bids were received Tuesday, November 26, 1985 at 11:00 A.M. for IRC #267 - One (1) New 1986 1 Ton Flatbed Truck for the Building & Grounds Department. 13 Bid Proposals were sent out. Of the 6 Bids received, 1 was a "No Bid". 18 2. Alternatives and Analysis The low bid was submitted by Southside Ford, Jacksonville in the amount of $10,860.00. The State Contract price is $11,148.00. 3. Recommendation and Funding It is recommended that IRC #267 be awarded to the low bidder, Southside Ford in the amount of $10,860.00. There is $10,000.00 in Account #102-220-519-66.42, and $860.00 can be transferred from Account #102-220-519-66.49. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously awarded IRC Bid #267 in the amount of $10,860 to the low bidder, Southside Ford, Jacksonville, for (1) New 1986 1 -Ton Flatbed Truck, as recommended by Purchasing Manager Goodrich. BOARD, OF COUNTY COMMISSIONERS 1840 25th Street �0 4 Vero Beach, Florida 329x±0+U° v • Zr � � V � BID TABULATION �ak'U BID NO. [DATE OF OPENING y.� �`°'•�� � Q. t� .°`' o� ¢, mo IRC BID # 267 Nov. 26, 1985 a o� c1'° �4 �`' �o `' OneTt( )lNew 1986 1 Ton Flatbed Trk ITEM DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT- PRICE UNIT PRICE UNIT PRICE U NO. I. One 1 New 1986 1 Ton Flatbed Truck 1 Each 11646 006 1169 00 12300 27 1 NB 10860 00 12025 80 9 Day4-xaquired for delivery i after receipt of Purchase Order Days 60-90 60 60-75 90+ 120 i 19 Bou 6-2 PAGE 955 Fr-avc 11195 . 1 K. IRC Bid #269 - (1) Lift Truck - Reconditioned BOOK 62 . PAGE 956 The Board reviewed the following memo dated 12/3/85: TO: Board of County Commissioners DATE: December 3, 1985 FILE: THRU: Michael Wright SUBJECT: IRC BID #269 -One (1) Lift Truck - County Administrator Reconditioned FROM: &444W Z"Ote-� REFERENCES: Carolyn odrich, Manager Purchasing Department 1. Description and Conditions Bids were received Tuesday, November 26, 1985 at 11:00 A.M. for IRC #269 - One (1} Lift Truck -Reconditioned for the Purchasing Department. 6 Bid Proposals were sent'out, 2 Bids were received. 2� Alternatives and Analysis The low bid was submitted by Johnny Stamm Truck & Equipment, Ft. Pierce for a TCM Model FG20N7. Bid Price $9,200.00, less trade-in of $2,000.00, net bid price, $7,200.00 3. Recommendation and Funding It is recommended that IRC #269 be awarded to the low bidder, Johnny Stamm Truck & Equipment in the amount of -$7,200.00. There is $10,275.00 in Account #102-216-519-66.49. Commissioner Bird noticed that we are getting a trade-in of $2000 and wondered if some other department could utilize the tow motor being traded in. Purchasing Manager Carolyn Goodrich explained the only department .that might need one is Utilities and they need one that can be run on dirt; this one can only run on pavement. 20 ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously awarded IRC Bid #269 in the amount of $7,200 to the low bidder, Johnny Stamm Truck & Equipment for (1) Lift Truck, reconditioned, as recommended by Purchasing Manager Goodrich. BOARD OF COUNTY COMMISSIONERS 1840 25th Street Vero Beach, Florida 32960 BID TABULATION k_ 4z* c, ft �'" ��� mW �` Z3�y A BID NO. IRC BID 1269 DATE OF OPENING Nov. 26, 1985 BID TITLEOne (1) Lift Truck(Fork Lift Reconditioned ITEM NO. DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE 1. One (1) Lift Truck Fork Lift Reconditioned 1 Each 9200 00 18900 00 2. Less Trade=In -2000 00 1000 00 7200 00 7900 00 3. Days required for delivery after receipt of Purchase order. Das 10 45 21 DEC 111985 �I��K 2 PAGE 9 7 DEC 11 1985 Boa 62 FAGS 958 L. Release of Assessment Liens - SR -60 Water 6 Sewer - Pine Creek Condominium I & II ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously approved the following Release of Assessment Liens for SR -60 Water and Sewer: 1 Water ERU - Pine Creek Condo. I Wayne H. S Frances T. Cooke 1 Sewer ERU - Pine Creek Condo. I Wayne H. & Frances T. Cooke 1 Water ERU - Pine Creek Condo. I Francis C. 6 Kathryn A. O'Brien 1 Sewer ERU - Pine Creek Condo. I Francis C. & Kathryn A. O'Brien SAID RELEASE OF ASSESSMENT LIENS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD M. Release of Assessment Liens - SR -60 Water 6 Sewer - Barnett Bank in Ryanwood Shopping Center ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously approved the Release of Assessment Liens for (1) ERU Water and (1) ERU Sewer on SR -60 Water 6 Sewer projects to Barnett Bank at Ryanwood Shopping Center. SAID RELEASE OF ASSESSMENT LIENS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD N. License Agreement Between FEC Railway and IRC for Use of Existing Railroad Crossing 700 Feet North of Storm Grove Road The Board reviewed the following memo dated 12/2/85: 22 TO: The Honorable Members of DATE: December 2, 1985 FILE: the Board of County Commissioners THROUGH: Michael Wright, County Administrator SUBJECT: License Agreement Between FDC Railway and Indian River County for Use of Existing Railroad Crossing 700 Feet North. of Storm Grove Road FROM: James W. Davis, P.E., , REFERENCES: R.W. Fondren, FDO, to Public Works Director James Davis dated Nov. 19,1985 The developer of the proposed Hawk Nest Golf Course (Robert Briggs, agent) west of Old Dixie Highway along Stone Grove Road (57th Street) has entered into an agreement with the County to transfer an existing private railroad crossing located 600' north of Storm Grove Road to the County. At the time that a crossing at Storm Grove Road is needed, the crossing will be relocated to Storm Grave Road. In the interim, the crossing will be used for the golf club access. ALTERNATIVES AMID ANALYSIS The agreement is a standard FEC license agreement for a public crossing. The County is obligated to: 1) Pay an annual fee of $980. 2) Pay to upgrade and maintain the crossing as necessary. 3) Light the roadway at the crossing as per Florida Law. It is recommended that the Chairman be authorized to execute the License Agreement on behalf of the County. Funding for maintenance shall be from the budgeted Traffic Engineering accounts. Commissioner Scurlock wanted to make sure that relocation costs involved in this road crossing would be the responsibility of the developer under the site plan conditions. Chairman Lyons asked what the owner of this property thinks of this move, and Commissioner Bird asked what other costs would be involved. Administrator Wright explained that right now there is no cost to the County, but once it is moved, we will assume maintenance. It will serve as an interest to the developer and it will serve the County as an improvement to our Thoroughfare Plan. Commissioner Scurlock felt that it is a good trade off. , 23 DEC 11199.5 BOOK 62 eAu 91 DEC 111995 BooK- 62 ON X40TION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously adopted Resolution 85-135, authorizing execution of a license agreement with Florida East Coast Railway concerning the at -grade crossing #272-145D located at FEC M.P..#223±9431, 700 feet north of Storm Grove Road, predicated on the confirmation that the developer will bear the cost of relocating the crossing. LICENSE AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 24 RESOLUTION NO. 85-135 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING EXECUTION OF A LICENSE AGREEMENT WITH FLORIDA EAST COAST RAILWAY CONCERNING THE AT -GRADE CROSSING #272-145D LOCATED AT FEC M.P.# 223+9431, 700 FEET NORTH OF STORM GROVE ROAD. WHEREAS, there presently exists an at -grade road crossing at FEC Mile Post #223+9431, 700 feet north of Storm Grove Road, known as FEC Crossing #272-145D; and WHEREAS, the Florida East Coast Railway, for valuable consideration, has agreed to give and license to the County the right and privilege to use, for public at -grade road crossing purposes, that part of the right-of-way and property described above; and WHEREAS, the County must execute a license agreement with the Florida East Coast Railway in order to accept the above-described license; 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 INDIAN RIVER COUNTY, FLORIDA, THROUGH ITS BOARD OF COUNTY COMMISSIONERS, that: 1. The foregoing recitals are ratified and that the Chairman and Clerk are authorized to execute and deliver two original copies of the proposed license agreement attached hereto as Exhibit "A," and 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 Scurlock who moved its adoption. The motion was seconded by Commissioner Bird and, being put to a vote, the vote was as follows: Chairman Patrick B. Lyons Aye Vice Chairman Don C. Scurlock, Jr. Aye Commissioner Richard N. Bird Aye Commissioner William C. Wodtke, Jr. Aye Commissioner Margaret C. Bowman Aye -1- DEC 11195 SMI FAC PAGE DEC BOOK 62 PAGE 932 The Chairman thereupon declared Resolution No. 85-/35 duly passed and adopted this 11th day of December, 1985. Attest: BOARD OF COUNTY COMMISSIONERS OF INR-kAN RIVER COUNTY, FLORIDA L Pa 1OK`-3. Ly C airman vrignt, ierx - c 110 Approved as to form and legal sufficient Bruce Barkett Asst. County Attorney Approved for Public Works matters: r games W. Davis, P.E. '-Public Works Director 0. Florida Land Company - Call of Bond, Stabilization of Jungle Trail The Board reviewed the following memo dated 12/5/85: TO: Board of County Commissioners ATE: December 5, 1985 FELE: SUBJECT: FLORIDA LAND COMPANY LETTER OF CREDIT #082 FROM: REFERENCES: Bruce Barkett Assistant Coun y Attorney On June 6th, 1984, the Board of County Commissioners entered into an agreement -whereby Indian River County agreed to locate a portion of Jungle Trail. Florida Land Company agreed to design and implement a shoreline stabilization project to prevent erosion along the banks of the Indian River adjacent to the roadway. Florida Land Company was required to submit an Irrevocable Letter of Credit in the amount of $20,000.00 to guarantee its compliance`' with the agreement. The Letter of Credit expires December 15th, 1985. Florida Land Company has not complied with the agreement, and although there is some indication that Florida Land Company is in the process of selling the property involved, the Board of County Commissioners is advised to adopt the attached Resolution and to draw upon the Irrevocable Letter of Credit immediately. M M M Attorney Vitunac recommended that we call the bond before the deadline of December 15th. He reported that Assistant County Attorney Jim Wilson notified the bank in Texas of our intentions to call the bond and they contacted Florida Land, who finally responded to us and said they would get another bond in here. We called them several weeks ago, but they have not returned our calls. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously authorized the County Attorney to call in the $20,000 bond placed by Florida Land Company for the stabilization of Jungle Trail. P. Orchid Isle Park Property Assistant County Attorney Jim Wilson explained that we have an opportunity to trade a small neighborhood park in Orchid Isle for a larger piece of property near Kiwanis-Ibbart Park. All of the property owners must sign a quit -claim deed in order to give the County undisputed claim to the neighborhood park and allow us to get title insurance. Without title insurance, this property is basically worthless. All but 'two of the property owners have signed, but it is hoped that they are on the verge of coming around. Attorney Wilson reported that he is in the process of drafting a letter asking them a final time to contact us so that we can try and work this out. If they refuse to sign the quit -claim deed, the only other alternative would be to file an action for quiet title to determine our rights to the property. He requested permission to file the action in 30 days. Commissioner Bird explained that originally there were three small pieces there, but this particular one is a buildable sized lot. The Commission decided that two pieces were expendable, as far as public parks were concerned, and we donated the two smallest pieces to the Orchid Island Property Owners Association 25a d E C 111985 UP411' PAGE r DEC 111985 soon6 2 `fi83 r` and decided that we would try and obtain the highest and best value out of the third piece. The Dale family owns 10 acres of property at the corner of Hobart Road and Kings Highway where the County Fairgrounds and a transfer station are located. The corner 10 acres is missing out of that 160 -acre tract, and he felt that it would be extremely beneficial to the County to acquire this corner piece of property. The Dales are willing to discuss a trade for the piece in Orchid Isle Subdivision. We have not had final appraisals on the two pieces, but it is believed that the two pieces are very similar in value. In order to trade, we need to have clear title and a quit -claim deed signed by all the residents in Orchid Isle saying that they have no objection to this. Attorney Wilson feels that the last two people will sign now. Commissioner Bird explained that once we get clear title, we will come back to the Board for final approval. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously authorized the County Attorney to file the necessary action. PUBLIC HEARING - MARVIN PENALBA'S APPEAL OF PLANNING E ZONING DECISION The hour of 9:05 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to wit: 26 VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida - gid, S ATE ONTYF TAF DAN RIVERt Before the undersigned authority personally appeared J. J. Schuma . 1tf.�ryvJfp 'dE says that he is Business Manager of the Vero Beach Press -Journal, a weekly new __ p ed at Vero Beach in in Indian River County, Florida; that the attached copy of advertisement, being a ../�liLLlli� ♦ Z.l A . In the matter of In the Court, was pub- lished in said newspaper in the Issues of ft Affiant Further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before (Clerk of the Circuit ICITAk Court, Indian River Xb. Florida) NOTICE OF PU13UC NEARING OF PLANNING & ZONING NG CODINGM MISSION DECISION On October 24, 1985, the Planning and Zoning Commission of Indian River County Florida sit- ting as the locallanning agen required Mar- vin Penalba to submit a revised Is Plan appiica- tion, in conformance with County Ordinances, to the Technical Review Committee. Mr. Penalba had submitted an application to construct a re- tail sales/professional office building on the east side of U.& Highway #1, south of 81st Place. C Commissioners will ��t�t a Board. of County garding the appeal by Marvin 'Penalba tto9ih8' decision by. the Planning and Zoning Com the sion. The public hearing, at which partite Irl ls` terest, and citizens shall have an oppon a Intly to be heard, will be heltd'by said Board of County Commissioners In County mmissio Chambers of the County Administration Buildings located at 1840 25th street, Vero Beach, Florida. on Wednesday, December 11. 1985; at 9.05 a.m. Anyone who may wish.to errryry derision ensure appeal ' whicfr may !>e made at this rruretinwill need to that a verbatim ►ecord of the, proceedings Is made, which Includes testimony' and evidence upon which the appeal will be based Indian River County r$: Board of County Commissioners Nov. 21 8Y. s Patrick B. Lyons, Chairman Dec..4.1985.: 4".f_s... __...e Staff Planner Karen Craver reviewed the following -memo dated 11/26/85: TO: The Honorable Members DATE: November 26, 1985 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: t SUBJECT: Rober M. ' t1rg, P Planning & DeveloprWnt Director MARVIN PENALBA'S APPEAL OF PLANNING AND ZONING COMMISSION DECISION FROM: Karen M. CraverN�'\,.REFERENCES. Staff PlannerDis: KAREN It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of December 11, 1985. 27 DEC 111985 R '7 DEC 111985 BOOK AE DESCRIPTION AND CONDITIONS At their October 24, 1985 meeting, the Planning and Zoning Commission considered a major site plan application submitted by Marvin Penalba. The development plan proposed the construction of a two-story retail sales/ professional office building on the east side of U.S. Highway #1, between 81st Street on the south and 81st Place on the north. The .88 acre site is within the C -1A, Restricted Commercial District and the U.S. Highway #1/C.R. 510 Commercial/Industrial Node. Several aspects of the site plan presented for approval, specifically access and right-of-way improvements, were in direct conflict with the Site Plan Ordinance. Due to that fact, the Planning staff recommended that the Planning and Zoning Commission instruct Mr. Penalba to submit a revised plan to the Technical Review Committee that contained revisions and agreements to bring the plan into conformance. The Commission concurred with staff's recommendation, and it is that decision to concur that Mr. Penalba is appealing to the County Commission. ANALYSIS The subject property has frontage on U.S. #1, 81st Street, and 81st Place, the latter two being unpaved local roads. The site plan depicts the paving of 81st Place from U.S. #1 to the east property line and two points of access off of 81st Place. Based upon its depiction on the site plan, the paving will be completed prior to the issuance of a certificate of occupancy. One of the revisions that the Planning and Zoning Commission instructed the applicant to make was to close the existing U.S. #1 curb cut and access the site from one or both of the local roads. It is a requirement of the Site Plan Ordinance that sites located at intersections shall access onto the roadway having the lower functional classification. The Planning and Zoning Commission was aware that it was a retail sales/profes- sional office facility that was being proposed; however, the members believed lack of a direct access onto U.S. #1 would not be a hindrance to customer attraction due to the adjacent 81st Street and 81st Place curb cuts. A second requirement of the Site Plan Ordinance that Mr. Penalba was instructed to incorporate into a revised site plan was right-of-way dedication. 81st Street, as a local road, has a minimum required right-of-way width of 60 feet. As only 40 feet exists, the applicant was informed he would be required to dedicate the southern 10 feet of the site to the County. The ordinance clearly states that land lying within a proposed development which is necessary to widen or extend a roadway shall be dedicated prior to release of the approved site plan. In addition, the applicant was informed he would be required to escrow 371% of the cost of paving his 81st Street frontage (82 feet), a recommendation of the Technical Review Committee that has been consistently upheld by the Planning and Zoning Commission. In requiring the dedication and the escrowing of funds, the Planning and Zoning Commission considered the fact that there are undeveloped parcels to the east which will eventually be accessed via 81st Street. 28 a � � A third requirement of the Site Plan Ordinance, which was not depicted on the site plan submitted for approval, is the construction of sidewalks along arterials and primary collec- tors; U.S. #1 is an arterial. The applicant was instructed by the Technical Review Committee to construct a 4 foot sidewalk parallel to U.S. #1, 1 foot inside the right-of-way line; however, at the Planning and Zoning Commission meeting, Mr. Penalba agreed to escrow funds equal to the cost of construc- ting the sidewalk; an agreement which was acceptable to both the Planning Department and the Commission. RECOMMENDATION: Staff recommends that the Board of County Commissioners in- struct the applicant to submit a revised site plan application to the Technical Review Committee, which reflects the following revisions and agreements. 1) The closing of the existing U.S. #1 curb cut; 2) Escrow of funds equal to the cost of constructing a 4 foot wide sidewalk parallel to U.S. #1, 1 foot inside the right-of-way line; 3) The dedication of the southern 10 feet of the property as 81st Street right-of-way; and 4) An agreement to escrow 37}% of the cost of paving the 81st Street frontage (82 feet), prior to the issuance of a certificate of occupancy. 29 --DEC 111995 BaOK 8 r DEC 111985 BOOK 62 Fb; Commissioner Wodtke asked if there is marginal access on the east side of U.S. #1, and Ms. Craver stated he was not required to do that because he has frontage on the two local roads. Commissioner Scurlock felt the biggest loss would be the use of the property and the ability to meet the other requirements for parking, etc. Chairman Lyons and Commissioner Scurlock asked if this was any different than other requests we have heard for access onto U.S. #1, and Director Keating explained that on U.S. #1 South, there have been a couple of situations where existing improvements were required to be dedicated. In those cases staff recommended that the part of the land that currently was not covered by any improvements be dedicated and the other parts reserved, which means that while those existing improvements would remain there under the individual's ownership, no improve- ments could be made which would increase the cost or the assessment for when the County has to come in and purchase it at some time in the future. He did not believe the County wants to own part of a building, and that is the difference between those cases and here. Chairman Lyons opened the Public Hearing and asked if anyone wished to be heard in this matter. David Albrecht, Attorney representing applicant Marvin Penalba, explained that his client is here today with architect, Tom Culler. Attorney Albrecht explained that Mr. Penalba bought the subject property years ago specifically because of the U.S. #1 curb cut. It is presently a retail store for M & M Auto Parts, and Mr. Penalba intends to put in additional retail space and office space. If the curb cut is removed, he would be losing some of the identity and value of the property in addition to parking space. Their engineer has computed the loss of two spaces which figures out to $100,000 of value over a 20 -year life. He felt that the ordinance should give some consideration to existing cuts. Attorney Albrecht circulated photographs 31 DEC 1 19855 BOOK PAGE � DEC 111985 BOOK 62- F'A.-Uc 970 showing the area and specifically the existing curb cut and asked that they be made part of the record. Attorney Albrecht argued that because it is a retail center, people expect to enter in the front, off U.S. #1, but he did admit that there would be increased traffic with the retail office space. Attorney Albrecht stated that his client objects to the dedication of the 10 ft, of right-of-way on 81st Street because it cuts into their parking, which cuts into their green space, which cuts into the building requirements. He noted that the ordinance states: "necessary to widen or extend." He circulated a photograph of 81st Street which dead ends and turns to the right, and noted that there are houses at the end of 81st Place which prohibit the extension of those roads. He felt that it is unreasonable to take the property from Mr. Penalba at this time just because staff anticipates 81st Street and 81st Place to become major thoroughfares in 50 years or so. Commissioner Scurlock asked what the potential is for getting 10 feet on both sides of 81st Street all the way down. Director Keating did not know if we could and felt that would have to be considered when the road is engineered. He noted that 81st Street is the street that has access to the median cut and would be the most local access. Director Keating explained that the ordinance gives the Public Works Director the descretion of determining whether the right-of-way is needed right now or some time in the future. Commissioner Bird felt that while our Thoroughfare Map is pretty incomplete up there, 81st Street does look very prominent for development in the future. Administrator Wright believed that if the large tracts on to the right develop, that traffic probably would use 81st Street. Chairman Lyons felt that access off of U.S. #1 would create a traffic hazard because traffic coming from the south would have to make a U-turn around the median and go back. He felt the 32 r ® � place to go is 81st Street because there is an existing cut in the median. Commissioner Scurlock felt there was no question about eliminating the curb cut, but asked if there was any way to give Mr. Penalba credit for losing the parking space. Director Keating explained that there would have to be a variance granted by the Board of Adjustments, but they would have to prove that their case is unique. Architect Tom Culler showed a diagram of the parking plan and confirmed that Mr. Penalba would lose two parking spaces. Chairman Lyons felt that either we follow the ordinance or we change the ordinance; and the ordinance says they must give 10 feet. Commissioner Bird agreed, but pointed out that sometimes the Board tends to redesign the site plan when confronted with similar problems and requests. If he were the owner, he would prefer to have his customers enter off of 81st Street for safety's sake. Director Keating confirmed that it was still staff's recommendation to require the 10 ft. dedication and not to allow the existing curb cut. Attorney Vitunac emphasized that under the ordinance, we cannot do any differently. Attorney Albrecht again emphasized that this is an existing curb cut and the ordinance does refer to creating traffic hazards. Chairman Lyons felt that we should get the 10 feet now and not have to buy it or a building at some time in the future. Marvin Penalba emphasized that he purchased the property in the first place because of the existing curb cut off of U.S. #1 and he felt that opening up his property from end to end would create a hazard for customers coming in and out of the buildings because of hot rodders, etc. Mr. Penalba felt that constitutionally his property is his investment and did not feel 33 BOOK Gn2 FAuE EC 19,85 r DEC 11 1985 BOOK 62 PAIJE 9 72, it was right for government to take property; all he is asking is to let him have his property and.his U.S. #1 curb cut. He offered to do what Director Keating suggested relating to a 50 -ft. road, where he would pay for it, or a 40 -ft. road, and get- away from the long through way where people could be hurt coming out of the facility. Commissioner Scurlock asked if he was hearing Mr. Penalba say that he was willing to donate the 10 feet, but wanted to keep the curb cut -on U.S. #1, and Mr. Penalba indicated he was saying that. Commissioner Bowman suggested closing the north entrance in order to solve the traffic hazard, and Director Keating confirmed that Commissioner Bowman's suggestion was feasible. Chairman Lyons pointed out that once again we are back to the ordinance, and Commissioner Scurlock stated that they have to give the 10 feet, but they don't have to give up the curb cut. Mr. Penalba argued that you don't give up an existing curb cut, but Director Keating stressed that the ordinance states that sites fronting at an intersection are to have access on the road with the lower classification designation. Chairman Lyons noted that the Board has continuously insisted that access to property that lies between two streets is to be through the lesser thoroughfare, and wanted to know what was the difference in this case. Commissioner Scurlock felt that this is different because of the existing curb cut. Chairman Lyons asked that this matter be brought to a decision. After conferring, Mr. Penalba, Mr. Culler and Attorney Albrecht suggested that they be allowed to use the 10 feet in calculations for green space, parking and building requirements, and when the County needs it at some future date, they can have it. He repeated that they still feel that they are entitled to both requests, the curb cut and the 10 feet. 34 Commissioner Scurlock understood that what they want to do is not dedicate the right-of-way, but grant the County an easement with no permanent structures, and use that 10 feet for calculations for parking and building requirements until such time as the County needs the roadway. Attorney Vitunac stated that with respect to the curb cut, the Board controls the roads and is responsible for public safety, and the Board has the right to close down a curb cut on U.S. #1 if they feel it would cause a traffic hazard. Director Keating pointed out that the ordinance requires parking to be buffered by a 10 -ft. landscaped strip, and while the ordinance is specific about the right-of-way being dedicated, it allows discretion as to when it is dedicated. Within that timeframe, no required improvements can be placed, which includes the required landscaped strip. Mr. Penalba asked if they could be given the ability to dedicate in one or two years, and Administrator Wright did not feel that was a good idea because either they need parking space or they don't. Commissioner Lyons was concerned that there is a feeling that we are taking something away from the applicant, as far as this building is concerned. He pointed out that the applicant does not have a building there yet, but here we are trying to find out what kind of a building he can put there. The calculations should be based on something that he can have, not on something that he might have. Mr. Penalba asked if they were putting a service station in, would they stop the cut, and Administrator Wright felt that they would very likely. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously closed the Public Hearing. 35 BOOK E2 FAGUE 91 Q a D E C 111995 62 -Pnu 00 -674 Commissioner Scurlock did not feel we have the flexibility under the ordinance to allow either the curb cut or eliminate the 10 -ft. of dedication. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously denied the Penalba appeal of the Planning 8 Zoning Commission's decision of October 24, 1985, requesting the applicant to submit a revised site plan application to the Technical Review Committee, reflecting four revisions and agreements, as recommended by staff. REQUEST FOR WAIVER OF CHARGES FOR USE OF TRANSMITTER TOWER FOR ADVANCED LIFE SUPPORT PROGRAM The Board reviewed the following memo dated 11/22/85: INDIAN RIVER MEMORIAL HOSPITAL, INC. Dan K. Richardson Michael J. O'Grady, Jr.. - Chairman. Board of Directors President November 22, 1985 Mr. Michael Wright County Administrator 1840 25th. Street Vero Beach, F1 32960 Dear Mike: As I am sure you are aware, the Indian River Memorial Hospital and Indian River County Hospital District are in the final stages of the development of an Advanced Life Support (ALS) system for residents of Indian River County. An ALS system is highly dependent on communications between the paramedics in the field and the physicians in the Hospital's Emergency Department and we have asked the County for space on its transmitter tower at a height somewhere between 350 and 400 feet. It is my understanding from you and Mr. Dean that it has not been the habit for the Board of County Commissioners to waive the charges for use of the tower in the past; however, due to the unique nature of the ALS program and its total county commitment, I am requesting that the Commission consider waiving the normal charges for use of the tower for the ALS program. 36 I would be happy to visit with you and/or the Commission at your direction to discuss the subject if you feel it worthwhile and, of course, I am prepared to answer any questions you may have regarding the request. Sincerely, f MJO:br MICHAEL J. 0 GRADY, J . President Administrator Wright emphasized that the Board has not waived the charge for any of the agencies who have requested space on the antenna. Chairman Lyons explained that this is an enterprise situation, because we have to maintain the tower. There have been no exceptions so far, including the Volunteer Ambulance Squad. Michael O'Grady, Jr., Hospital Administrator for Indian River Memorial Hospital, withdrew the request for a waiver, explaining that at the time he made the request he was not aware of how the system was set up. Commissioner Wodtke invited Mr. O'Grady to come back sometime in January to explain the ALS program, and Chairman Lyons hoped they did not feel too bad about having their request turned down.. PUBLIC HEARING - PETITION PAVING - 11TH LANE SOUTHWEST 1245' WEST OF OLD DIXIE The hour of 9:15 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to wit: 37 DEC 111985 Beef 2 pne � 10 rr'DEG 11.1985 Nov 1985 DEPARTMENT VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida *-OF INDIAN RIVER - OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero ;.Beach in Indian River County, Florida; that the attached copy of advertisement, being the matter of in the Court, was w . fished in said newspaper in the issues of Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, In said Indian River County, and that the said newspaper has heretofere been continuously publi had in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one, year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promiscd any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper, �� Swom to and subscribed before me this day ofL� +� A.D. - , qa � = e Manager) I i cjf .1,; \ (Clerk of the Circuit Court, Indian Iver C-' l§i n ` .WHEREAS, Iridian River County shall pay the remaining twenty-five percent (25%) Of the total cost of the project; and WHEREAS, any special assessment not paid within said ninety (90) day period shall bear in- terest beyond the due date at a rate established by the Board of County Commissioners at the Ume of preparation of the final assessment roll, and shall be payable in two (2) equal Install- ments, the first to be made twelve (12) months from the due date and the second to be made twenty-four (24) months from the due date; and WHEREAS, after examination of the nature and anticipated usage of the proposed Improve= ments, the Board of County Commissioners has determined that the following described proper- ties shall receive a direct and special benefit from these improvements, to wit: . •' 11th Lane Southwest 1245' +- West of Old Dixie Highway Lots 1 .through 10, Block P, Lots' 1 through 6, Block R, and 28.57 feet of Lot 7, Block O, Lots 8, 9, and 10, Block O, as shown on the Plat of Dixie Heights Sub- division Unit 4 on record in Plat Book 4, Page 91 of the Public Records of Indian River County, Florida Together with That portion of the - following described property, lying west of the West right of way line of Old Dixie Highway The South 440 feet of the North 880 feet Of the East 'h of the Southeast '/4 of the Northeast i/4 of Section 25, Township 33 , South, Range 39 East AND ALSO the South 440 feet of the North 1180 feet of the Southwest 'ti of the Northwest 'A of Section 30, Township 33 South, Range 40 East LESS the right of way for the Florida East Coast Railroad and less.the right of way for Old Dixie Highway, and LESS the West 400 feet of said South 440 feet of the North 880 feet of. the Southwest '/4 of the Northwest '/4 of Sec- tion 25, as recorded in OR Book 650 Page 2390 of the. public records of In- dian River County, Florida. Said tract being in Indian River County, Florida. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF IN- DIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing recitals are affirmed and rati- fied in their entirety. M 62 FACE PUBLIC NOTICE PLEASE TAKE NOTICE that the Board of County Commissioners of Indian River County, Florida, will hold a public hearing at 9:15 a.m. on Wednesday. December 11, 1985, in the Commis- sion Chambers located at 1840 - 25th Street, Vero Beach, Florida, to consider adoption of the following proposed resolution: RESOLUTION NO. 85 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENT TO 11TH LANE SOUTH- WEST 1245' +- WEST OF OLD DIXIE HIGHWAY PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAY- MENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL_ DESCRIPTION OF THE AREA SPE- CIALLY BENEFITED. WHEREAS, the County Public Works Depart- ment has received a public improvement peti- tion, signed by more than % of the owners of property in the area to be specially benefited, re- questing paving and drainage improvements to 11th Lane Southwest, 1245'+- West of Old Dixie Highway; and WHEREAS, the petition has been verified and meets the requirements of Ordinance 81-27, and design work including cost estimates has been completed by the Public Works Division; and WHEREAS, the total estimated cost of the pro - Posed Improvements is $32,689.02; and WHEREAS, the special assessment provided hereunder shall, for any given record owner of property within the area specially benefited, be in an amount equal to that proportion of seventy- five percent (75%) of the total cost of the project which the number of lineal feet of road frontage owned by 'the given owner bears to the total number of lineal feet of road frontage -within the area specially benefited, and shall become due and payable at the Office of the Tax Collector or Indian River County ninety (90) days atter the final determination of the special assessment pursuant to Ordinance 81-27: and , . - 2. A project providing for paving and drainage improvements to 11th Lane Southwest 1245 +-West of Old Dixie Highway, heretofore desig- nated as Public Works Project No. 8425, is hereby approved subject to the terms outlined above and all applicable requirements of Ordi- nance 81-27. The foregoing resolution was offered bti.Com. missioner Who moved its adop- tion. The motion was seconded by Commission- er and, upon being put to a vote, the vote was as follows: Chairman Patrick B. Lyons ' • !, , Vice -Chairman Don C. Scurlock, Jr.- "a Commissioner Margaret C. Bowman Commissioner Richard N. Bird Commissioner William C. Wodtke, Jr. The Chairman thereupon declared the resolu- tion duty passed and adopted thisday Of 1985. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Patrick B. Lyons Chairman . Attest Freda Wright, Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY County Attorney's Office PLEASE TAKE FURTHER NOTICE that at the same public hearing, the Board of County Corn- missioners shall also hear all interested persons regarding the proposed roll for the improve- ments described in the above resolution. The Preliminary Assessment Roll and Petition is cur- rently on file with the Public Works Division and Is open for inspection between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. If a person decides to appeal any decision made by the Commission with respect to any matter considered at this hearing, hd will need a record of the proceeding, and that. for such purpose, he may need to ensure that vs►bafim record of the proceedings Is made, which record includes the testimony and evidence upon which the ap. Peal is to be based. Indian River County, '. Michael Wright, County Administrator' �.e, �-, � ® r The Board reviewed the following memo dated 9111185: TO: THE HONORABLE M`C0�iIISSIONERS OF Tim BOARD OF COUNTY O THROUGH: COUNTYC�gTRATOR jAMES W. DAVIS, P.E. PUBLIC Tn10RK•S DIRECTOR FRO%aM,TZ A. TERRY, CHIEF, ROAD DESIGN SECTION DATE: September 11, 1985 FILE: PUBLIC HEARING TO CONSIDER RESOLUTION PROVIDING FOR THE PAVING OF 9TH COURT BMWEN 2W. SUBJECT: � AND So. RUIEF 13TH AVENUE BErMW 1ST ST"T TO 2ND STREET; 15TH AVENOE BET1 1ST STREET SOUTHWEST TO 2ND STREET; 11TH LANE SOUTHWEST 1245' WEST OF OLD DIXIE REFERENCES: DE�gIpnON AM �ITIONS Petitions ve been received property owners of the following streets: t and South Relief Canal (Preliminary Cost 1) g Court between 2nd Scree $, ,595.90, 69% consent) 1,447.40 front footage; 2) 13th Avenue between 1st Street S.W. and 2nd footage; Street (Preliminary Cost $33,850.30, 78% consent) 2463.39 ro nt 15th Avenue between 1st Street S.W.t and 22 g ,Street (Preliminary Cost 3) (Preliminary nary Cost $33,850.30, 71% consent)St2'of Old Dixie Highway (pre-_ 4) 11th Lane S.W. 1245' $32,689.02, 67% consent) 2308.76 front footage. for the paving and drainage Preliminary assessment rolls have been prepared is approximately improvements. The total costs of these Projects fram other roads is There is apprM mately $97,718.60 (as ads w Paved) in the $119,985.52. Account these roads will be replenished to the Petition 'awing count No. 703-214-541-35.39. n84/85 budget for Petition =awing, advertisement of the='ublic Hearing and notifications to the propertyAlso, owners has been Performed. FILE COP -Yl. gBATION AND FUNDING it is Provided at the Public Hearing, After consideration of the -Ublic input recc�ended that motions be made to: is -viding for the paving and drainage improvemen 1) Adopt resolutions, P--sub� the terms outlined in the for each petition pat='?g PrOJeo 11 be 1% over the Prime Resolutions. The apg-cable interest rate a roved.- .. Rate at the time the -- assessment roll is ag an changes made as a Approve preliminary assessment rolls including Y 2) APP result of the Public �_e petition Paving Account to fund this work. 3j Allocate $119,985.52 t be notified to schedule construction, A 4) The Road and Bridge or when funding is available. probably in late 198= or wh 39 BOOK 0'2 f4,GE 97 DEC 119 5 BOOK 62 RGE 9'72j Chairman Lyons noted that there is no backup on this and did not understand how this came before the Board without going through the regular channels. Administrator Wright explained that this public hearing had been properly advertised and paid for by the developer. He admitted there was a breakdown in getting the backup material to the Board, but the only real change from the September 25th meeting of the Board of County Commissioners is in the map showing the property owners who are in favor of the paving. It is the same issue, but the developer is asking the Board to reconsider. James Lawhon, developer of Oslo Ridge, recalled that the petition for paving 11th Lane S.W. was turned down at the Public Hearing of September 25, 1985 because not enough people signed the petition. The people that were against it have built their homes facing the other street on a through lot and they do not feel they should pay the cost for paving the street in the back of their lots. He stated he is willing to pay the paving costs of the people in those 4 houses in order to get enough people to sign the petition and felt that would be fair enough. Chairman Lyons opened the Public Hearing and asked if anyone wished to be heard in this matter. Audrey McCleary noted that Mr. Lawhon did not offer to pay for her portion of the paving which is approximately $800. She explained that she owns lots 7 and 8 on the block between Fairview Road North and 4th Ave. S.W. Every house on 12th Street S.W. between 11th lane and 12th Street faces 12th Street S.W. Mrs. McCleary found it rather strange that the proposed paving stops in the middle of one of their lots. Chairman Lyons explained that the petition is for paving the road that fronts the developer's property. Mrs. McCleary did not understand why they have to bear the burden of paving when it does not benefit their property in any way; all the garages face 12th Street and they don't use 11th 40 Lane. She did not feel they should share the cost of paving 11th Lane just because the developer wants to develop that land. Corrine Bean, 12th Street S.W., stated that since the developer has agreed to pay for the paving of 11th Lane, S.W., it does away with her argument and just wanted it on the record that the developer will pay for it. Ann Marie Hammill asked how this would affect the property tax assessment, and Administrator Wright explained that the Property Appraiser bases his assessments on what the houses are selling for in the surrounding neighborhood. He does not auto- matically come in and raise the taxes when a street is paved. Commissioner Bird believed this paving will only affect their assessment if all of a sudden houses in that area start selling for a lot more than what they are currently selling for. Mrs. McCleary asked if the developer was paying for the paving, and Commissioner Scurlock explained that he is paying for his portion of the assessment and picking up the paving costs for the four homes that are not facing in that direction. Mr. Lawhon confirmed that he is paying for 4 lots: Condon, Bean and the next two houses. Mrs. McCleary still believed he should pay for her two lots, but Chairman Lyons pointed out that when they build on those lots, they have the ability to build facing either street. Mrs. McCleary did not feel they could because of the way the septic system and wells were laid out, but Commissioner Scurlock advised her that they could put their well in the front and septic in the back, or vice versa. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously closed the Public Hearing. 41 C 11 BooK 62 Pari DEC 111985 BOOK 62 PAGE �6 ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, the Board unanimously adopted Resolution 85-137 approving the preliminary assessment rolls at the estimated cost of $32,689.02, providing for certain paving and drainage improvement to 11th Lane Southwest 12451± west of Old Dixie Highway; with the understanding that the developer has agreed to pay the assessment on 4 lots as outlined by staff. RESOLUTION 85-137 WILL BE MADE A PART OF THE RECORD WHEN FULLY EXECUTED AND RECEIVED SAID PRELIMINARY ASSESSMENT ROLL IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD ARCHITECTURAL PRESENTATION - SHERIFF'S ADMINISTRATION BUILDING Charles E. Block, AIA, presented the following preliminary design plan for the 6 -acre Sheriff's Administration Building to be built just south of South Gifford Road on the County's 20 -acre jail site off 43rd Avenue. 42 Commissioner Scurlock was concerned about keeping enough flexibility within this area to expand the Sheriff's Office and the jail facility. He questioned the square footage for the storage area and wondered if it could be built at some other location. Mr. Block explained that there was a lot of discussion on the location of the storage building, but with it built at this site, it gives better control. Chairman Lyons asked whether we have enough property if we need to double the space of the jail, and Administrator Wright believed we would have to acquire more property. 43 Bou 62 FaGE 93-11 rDEC 11.1985 Boa 62 FAGS 932 Chairman Lyons was concerned with the covered space for confiscated property and Sheriff Dobeck explained that his department is involved in more and more seizure cases, especially boats which must be properly maintained during the period it takes for the cases to come to trial. Commissioner did not feel we should have any more responsi- bility than normal wear and tear and that we should not be required to provide covered space because even the owner may not have done so. - Sheriff Dobeck commented that Commissioner Scurlock wasn't looking at suing the Sheriff either, and pointed out that the type of boats that are confiscated are usually stored out of the water so they won't collect barnacles which would slow them down. Chairman Lyons felt that if it pays to cover them, then we will, and Sheriff Dobeck noted that most counties provide covered space. Commissioner Wodtke asked if the Administration Building has the flexibility to expand to two stories, and Mr. Block explained that expansion would be from the center out and the berms provide that space. He felt that was a better solution than going to two stories. Commissioner Bird asked if it was possible to scale down the square feet for the storage building with the idea that we can add on at a later date, and Sheriff Dobeck replied that he has no problem doing that, but the problem is finding the money down the road. Commissioner Scurlock believed that interest rates and construction costs will increase in the future. Commissioner Bird did not want to get scolded by the public for providing covered space for some drug smuggler's boat, but noted that the storage building also provides indoor space to protect evidence on confiscated cars, etc. He was also concerned about expansion flexibility of the Sheriff's complex during the first five years. 44 Mr. Block believed they had adequate ability to expand because not everything would change in 5 years. The biggest changes will occur in the uniform area. Commissioner Wodtke asked if the Jail Committee concurred with the concept that half of this site is going to be used for other than jail facilities, and Chairman Lyons explained that he had not specifically asked that question of the committee members, but they are aware of the plans to locate the Sheriff's Administration complex at the jail site. At one time they considered building the courtrooms out there, but they have pretty much abandoned that idea. Administrator Wright believed that we never envisioned the jail taking up the entire 20 acres. Mr. Block returned to the diagram of the building, showing how various departments could be expanded from the inside out, using a 5 -year program for each of the divisions. Commissioner Scurlock felt we have to make a decision about putting 911 out there, but Mr. Block felt that would depend on what elements are in there. Chairman Lyons pointed out that those people are isolated and needed restroom facilities, etc., because they cannot leave their stations during their time on duty. The Jail Committee has not brought a recommendation to the Board for what is to be included in the 911 area. Mr. Block discussed the following estimated costs: 45 DEC 111985 Boa 62 FATE 9Qr DEC 111985 985 BoaK 62 FuE 984 COST ESTIMATE ADMINISTRATION BUILDING $1,502,490. ($45.53/S.F.1 SITE WORK $ 297,990. ($9./S.F.) CONFISCATED PROPERTY STRUCTURE (20,000 S.F.) $ 300,000. MAINTENANCE/SHOP BUILDING $ 65,625. SPECIALTIES - ESTIMATED COST (ADDITIONAL) 1. 911 EQUIPMENT & RE -LOCATION OF NOT DETERMINED 2. FLAGPOLE $ 2,000. 3. GAS PUMPS & TANK $ 32,000. 4. TELEPHONE SYSTEM NOT DETERMINED 5. SHOP/MAINTENANCE EQUIPMENT: A. LIFTS (2) $ 8,400. B. CARD LOCK SYSTEM NOT DETERMINED C. (1) ALIGNMENT EQUIP. $ - 7,500. D. MISC. EQUIPMENT NOT DETERMINED 6. LOCKERS/BENCHES/SAUNA $ 3,500. 7. LOOP ROAD & CULVERT $ 30,000. 8. IMPACT FEES FOR SEWER & WATER NOT DETERMINED 9. SEATING FOR LARGE MEETING ROOM NOT DETERMINED 10. LANDSCAPING NOT DETERMINED 11. GENERATOR $ 36,500. Commissioner Scurlock felt that the only question that needs to be resolved is more demonstration of the need for the covered storage area and whether or not we want to go with the entire total of square feet all at once or phase into it. Everything else seems to be done well and it is a nice looking and functional structure. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Wodtke, that the Board authorize the County Attorney to proceed through the site plan process and adopt this particular design as presented subject to State reconfirmation of the need for covered storage. 46 Commissioner Scurlock suggested getting some comparison figures from other communities using covered space plus an analysis of what we are presently storing and the potential liability. He felt that the more information we have to prove to the public that covered storage space is a wise expenditure, the better off we would be. Chairman Lyons was convinced that storage should be adjacent to the shop because of the maintenance involved. Commissioner Wodtke pointed out that the federal government is losing their shirt by storing boats confiscated in the southern part of the state. Chairman Lyons advised that the site plan will be circulated amongst the Jail Committee. Discussion took place on what limitations are placed on the use of monies in the confiscated fund, and Sheriff Dobeck reported that the State just recently set some guidelines prohibiting these monies to be used for furnishings, etc. Commissioner Scurlock felt that we need to find out if these monies can be spent on covering a storage area for confiscated goods. Commissioner Bowman wanted to see some comparison figures on expanding the building now vs. expansion in five years, because we have under estimated on the size of the new jail and the County's administrative space. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously.. Commissioner Wodtke brought up the possibility of putting the Emergency Operations Center in the Sheriff's Administration Building, and Mr. Block stated he would designate a certain amount of square feet so that there will be an ability to locate the Center there if the Board so chooses. 47 DEC 111985 BOOK 62 FAGS DEC 111985 Bow 62 pAcE 986 COMPLETE ARCHITECTURAL PRESENTATION BROCHURE IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD RESOLUTION ADOPTING NEW REZONING AND LAND USE PLAN AMENDMENT APPLICATION FEE SCHEDULE Staff Planner Jeffrey Goulet reviewed the following staff recommendation dated 11/25/85: TO. The Honorable Members DATE: November 25, 1985 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: SUBJECT: R6_bdrt M. Keat'ng, CP Planning & Develop ent Director THROUGH:Richard Shearer, AICP 7 Chief, Long -Range Planning PROPOSED CHANGES TO THE REZONING AND LAND USE PLAN AMENDMENT APPLICATION FEE SCHEDULE FROM:REFERENCES: Jeffrey A. Goulet CPA App./Fee Memo Staff Planner, Long -Range Planning JEFF2 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of December 11, 1985. DESCRIPTION & CONDITIONS During the Planning Department's budget hearing for the 1985-1986 fiscal year, the Board of County Commissioners questioned the adequacy of rezoning and Comprehensive Plan amendment application fees. At that time, the Board directed the staff to assess the current fee structure in relation to the costs involved in pro- cessing the applications. In order to completely evaluate the current fee schedule, the staff prepared a questionnaire regarding staff time and material costs required for reviewing and processing rezoning and Comprehensive Plan Amendment applications. This questionnaire was sent to neighboring jurisdictions in order to determine how much other cities and counties charged and the factors they used to develop their fee schedules. In addition, the staff also conducted an in-house analysis of staff time and material costs associated with analyzing and processing a rezoning or Land Use Plan amendment application. On November 21, 1985, the Planning and Zoning Commission voted 4 -to -0 to recommend approval of the proposed changes to the fee schedule. ALTERNATIVES & ANALYSIS The current fee schedule covers most of the advertising costs and the costs of postage for notifying surrounding property owners by certified mail. However, the fee for Land Use Plan amendment applications for properties less than 5 acres does not cover all 48 of these costs. Neither the rezoning nor the" Land Use Plan" amendment fees cover the staff time that is spent analyzing and processing the requests for properties less than 40 acres in size. This is important, since most of the rezoning and Land Use Plan amendment applications are for properties less than 40 acres in size. Staff has determined that Land Use Plan amendment applications and all applications over 40 acres require as much as 50% additional staff time to review due to the greater number of impacts that must be considered with changes in the land use designation or zoning of large parcels of land. Tables 1 and 2 provide a breakdown of the average costs associated with process- ing rezoning and Land Use Plan Amendment applications. TABLE 1. COST ANALYSIS FOR REZONING APPLICATIONS Average Total Cost ITEM Cost/Unit No. of Units per Item (s) Public Hearing Notices $80.00 2 $160.00 Certified Mail 1.55 35 54.25 Rezoning Signs 15.00 1 15.00 Copy Cost .10 150 15.00 SUBTOTAL $244.25 Clerical Staff $6.00 12 $72.00 Technical Staff 7.00 12 84.00 Professional Staff 11.00 12 132.00 Adm. Staff 18.00 3 54.00 SUBTOTAL $342.00 TOTAL $586.25 Note: These costs do not reflect employee benefits, overhead costs, nor the costs involved in maintaining data used to review the requests. TABLE 2. COST ANALYSIS FOR LAND USE PLAN AMENDMENT APPLICATIONS Average Total Cost ITEM Cost/Unit No. of Units per Items) Public Hearing Notices $50.00 2 $100.00 Certified Mail 1.55 35 54.25 Copy Cost .10 200 20.00 SUBTOTAL $174.25 Clerical Staff $6.00 15 $90.00 Technical Staff 7.00 15 105.00 Professional Staff 11.00 20 220.00 Adm. Staff 18.00 6 108.00 SUBTOTAL $523.00 TOTAL $697.25 Note: These costs do not reflect employee benefits, overhead costs, nor the costs involved in maintaining data used to review the requests. Analysis of the questionnaires and fee schedules of neighboring jurisdictions revealed -that most cities and counties charged the same or more for Land Use Plan amendment applications than they did for rezoning applications. Many jurisdictions also placed an additional per acre charge onto their base application fee. Table 3 shows how Indian River County's fees compare to the fees charged by other cities and counties. 49 D E C 111985 BOOK 62 PAGE %7 DEC 111995 BOOK PgE 9 .88 TABLE 3. COMPARATIVE ANALYSIS OF REZONING AND LAND USE AMENDMENT APPLICATION FEES Land Use Plan . Combined Jurisdiction Rezoning Fees Amendment Fees Application Fees INDIAN RIVER CO. Less than 5 acres 5 -to -40 acres 41 -to -100 acres More than 100 acres $300 $500 $650 $750 + $50 for each additional 25 acres $200 $400 $500 $750 + $50 for each additional 25 acres $400 $700 $1000 $1200 + $50 for each additional 25 acres MARTIN COUNTY $200 per $200 per No reduced fee parcel + parcel + for combined $1 per acre $1 per acre requests ST. LUCIE COUNTY $300 $400. $500 ORANGE COUNTY $300 none No reduced fee for combined requests CITY OF VERO $400 $375. No reduced fee — BEACH for combined requests BREVARD COUNTY $225 to $300 $500 No reduced fee for combined requests CITY OF $100 for 1 none Land Use Plan FORT PIERCE* acre or less fee included $30 for each in the Rezoning additional acre Fee up to $1000 CITY OF STUART* $150 none Land Use Plan fee included in the Rezoning Fee CITY OF WEST* $200 + $1 $200 No reduced fee PALM BEACH per acre for combined requests. * These jurisdictions are in the process of raising their fees for rezonings and land use plan amendments. Staff's analysis reveals that the average rezoning application costs the County approximately $600.00 and the average Land Use Plan amendment application costs approximately $700.00 to adver- tise, notify, analyze, and process. Many local governments require the applicant to post signs and notify surrounding property owners by certified mail, thus defraying much of the material costs and staff time required to process an application. This is the main reason for lower application fees in many jurisdictions. The average rezoning application in Indian River County is for less than five (5) acres. The County's present rezoning fee for applications less than five (5) acres is lower than the fees currently charged by other cities and counties in southern Florida, considering many jurisdictions require the applicant to post signs and contact surrounding property owners. Applications for larger parcels of land require more work and are more M M expensive to advertise and notify, thus costing the County more. Indian River County's Land Use Amendment fee for parcels under five (5) acres is also lower than fees charged by other local governments. Although the County has had a fee schedule for Land Use Plan Amendment requests, no fee for proposed changes in other Elements of the Comprehensive Plan has ever been established. Since an application for an amendment to the Thoroughfare Plan was submit- ted in January, staff has determined that the costs associated with reviewing that application were similar to the costs of reviewing a land use plan amendment for a 5 -to -40, acre parcel of land. Another area in which the County has not established a fee is for proposed changes to the text of the zoning ordinance. As in the case of the Thoroughfare Plan, several inquiries have been made about amending the text of the zoning ordinance. Since these requests also require a large amount of staff time to review and the public hearing also needs to be advertised, this item should also be included on the fee schedule. Based on the analysis of the current fee schedule for rezoning and land use plan amendment applications and the comparative analysis of other jurisdictions' fee schedules, the following schedule was prepared: Size of Parcel Less than 5 acres 5 -to -40 acres 41 -to -100 acres More than 100 acres Rezoning Fee $400 $500 $650 $750 + $50 for each additional 25 acres Land Use Plan Amendment CPA Fee $400 $500 $650 $750 + $50 for each . additional 25 acres Application for amendment of element other than Land Use Plan $500 Proposed amendment to text of Zoning Ordinance RECOMMENDATION Combined Land Use Plan and Rezoning Fee $600 $800 $1100 $1250 + $50 for each additional 25 acres $500 Based on the above analysis, including the Planning and Zoning Commission's recommendation, staff recommends that the proposed changes in the rezoning and Land Use Amendment fee schedule, and the addition of a fee for amendments to elements other than the Land Use Plan and amendments to the text of the zoning ordinance, be adopted and take effect on January 1, 1986. 51 DEC111985 BOOK PACE DEC 111995 Boa 62 PA.U.,E930 Commissioner Scurlock understood that these increased fees would not cover all the costs involved and felt this should be a self-sustaining entity.. While he did not want staff to take the time to go back to the drawing board, he felt that the fees should be adjusted to 85-90% recovery, at least for now, and then changed at some time in the future. He also understood that a substantial number of the rezoning requests are in the 5 -acre category. Richard Shearer, Chief of Long -Range Planning, explained that just about all the requests are for parcels under 40 acres. Commissioner Bird asked if this would make any difference in staff load when it is changed to commercial or residential, and Mr. Shearer believed that it took more time to rezone to commercial. Commissioner Scurlock pointed out that we are picking up a lot of costs right now on County -initiated changes, but Planning 8 Development Director Robert Keating explained that after the non-residential conversion tables are approved in January, the number of rezonings should decline substantially because most non-residential will be brought into conformance with the Compre- hensive Land Use Plan. Chairman Lyons opened the Public Hearing and asked if anyone wished to be heard in this matter. There were none. Commissioner Bird felt that the Board should go ahead and adopt staff's recommendation at the present time, and Commissioner Scurlock suggested increasing the fees right now even though it wouldn't be particularly popular. Commissioner Bird felt that subsidizing this to some degree is really a County function, and Chairman Lyons agreed, but felt the question is to what extent. Commissioner Scurlock suggested increasing the land use amendments by $100 on each item and also raise the combined by $100. 52 r � � ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously closed the Public Hearing. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board, by a vote of 3-2, Commissioners Wodtke and Bird dissenting, adopted Resolution 85-136, approving the amended fee table recommended by staff, effective January 1, 1985, with the amendment suggested by Commissioner Scurlock. 53 DEC 11199 Boozy Fac E 9. d E C 111985 RESOLUTION NO. 85- 136 BOOK RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CHANGES TO THE CURRENT FEE SCHEDULE FOR LAND USE PLAN AMENDMENT AND REZONING APPLICATIONS AND ESTABLISHMENT OF APPLICATION FEES FOR AMENDMENTS TO THE TEXT OF THE ZONING CODE AND ELEMENTS OTHER THAN THE LAND USE PLAN. 62 ME 9 WHEREAS, the Indian River County Zoning Code requires the establishment of fees by resolution of the Board of County Commissioners; and WHEREAS, Chapter 163 of the Florida Statutes requires that local governments provide for applications to amend Comprehensive Plans at least once per calendar year; and WHEREAS, the fee schedule established herein is to cover some of the notice, advertising, and administrative costs in- curred in the required review and hearing processes associated with the applications and requests for which fees are hereby being established; and WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency, has considered the proposed fee schedule and has recommended approval; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that: The following fee schedule is established: Size of Parcel Less than 5 acres 5 -to -40 acres 41 -to -100 acres More than 100 acres Land Use Plan Combined Amendment Land Use Plan Rezoning Fee CPA Fee and Rezoning Fee $400 $500 $700 $500 $600 $900 $650 $750 $1200 $750 + $50 $850 + $50 $1350 + $50 for each for each for each additional additional additional 25 acres 25 acres 25 acres Application for amendment of element other than Land Use Plan $500 Proposed amendment to text of Zoning Ordinance $500 The foregoing resolution/was offered by Commissioner Scurlock who moved its adoption. The motion was seconded by Commissioner Bowman , and upon being put to a vote, the vote was as follows: 54 RESOLUTION NO. 85- 136 Chairman Patrick B. Lyons —Aye Vice -Chairman Don C. Scurlock, Jr. Aye Commissioner Richard N. Bird Na Commissioner Maggy Bowman Aye Commissioner William C. Wodtke, Jr. Nay The Chairman thereupon declared the resolution duly passed and adopted this 11th day of December , 1985. BOARD OF COUNTY COMMISSIONERS OF IND,14q RIVER COUNTY, FLORIDA TRICK B. L Attest: 'F REDA WRIGHT, Verk STATE -OF" -FLORIDA COUNTY OF'INDIAN RIVER APPROVED AS TO FORM AND LEGAL SUFFICIENCY Bruce Barkett, Assistant County Attorney PUBLIC HEARING - ESTABLISHMENT OF BOUNDARIES FOR 50 -ACRE COMMERCIAL/INDUSTRIAL NODE AT HOBART ROAD AND U.S. #1 The hour of 9:45 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to wit: DEC 111985 55 BOOK PAGE acs VERO BEACH PRESS -JOURNAL Published Wee` Vero Beach, Indian Ri .r:ounty, Fj9rida c" COUNTY OF INDIAN RIVER: `t ( CU STATE OF FLORIDA -c:. • fto�u i c� ; S Before the undersigned authority r •; u,� g y person liy_•,appeareSchum Jr. who on oath says that he is Business Manager of the Vero Beac P. ss-Jiturnai, a week)yy.� spaper published at Vero Beach in Indian River County, Florida; tha #!je attached copy pf`v vertisement, being in the matter of i in the Court, was pub- lished in said newspaper in the issues of 7 .&z, Z Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspap r. %� p�> j Sworn to and subscribed before me this day of�—p-At,' A.D. (C ierk of the Circuit Court. Indian River (SEAL) BOOK 2. FADE 9).N NOTICE OF REGULATION OF LAND USE— NOTICE OF PUBLIC HEARING , TO CONSIDER THE ADOPTION OF A COUNTY ORDINANCE. NOTICE IS HEREBY GIVEN that the Indian giver County Board of County Commissioners, shall hold a public hearing at which partief in, In. 'areal and citizens shall have an opportunity to 3e heard, in the County Commission Chambers )f the County Administration Building, located at 1840 25th Street, Vero Beach, Florida, on Nednesday, December 11; 1985, at 9:45 a.m. to :onsider the adoption of an Ordinance entitled. AN ORDINANCE OF THE BOARD, OF,—: COUNTY COMMISSIONERS OF INDIAN;. RIVER COUNTY, FLORIDA, ESTABLISH-.;': ING BOUNDARIES FOR THE 50 ACRE' COMMERCIAL/INDUSTRIAL NODE LO-' = CATED ATTTHE INTERSECTION OF HO - BART ROAD AND U.S. HIGHWAY #1 AS' '4 DESCRIBED IN THE TEXT OF THE:; LAND USE ELEMENT.AND'DEPICTED,;.. ON THE LAND USE MAP OF THE LAND USE ELEMENT OF* THE COMPREHEN-.'i- SIVE PLANT PROVIDING FOR THE BOUNDARY MAP, OF THE. NODE AND EFFECTIVE DATE., 1 map of the proposed node boundary is avail- ible at the Planning Department office on the second floor of the County Administration Build - ng Anyone who may wish to appeal any decision vhich may be made at this meeting will need to insurethat a verbatim record of the proceedings s made, which includes testimony and evidence ipon which the appeal is based.' Indian River County Board of County Commissioners B :-s-Patrick B.Lyons, Chairman :ov. 19, Dec. 3,1985'.,_ The Board reviewed the following memo dated 11/22/85: TO: The Honorable Members DATE: November 22, 1985 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: _SUBJECT: ESTABLISHMENT OF BOUNDAR- Ro ert M. Keati g, P IES FOR THE 50 ACRE COMM - Planning & Developm nt Director ERCIAL/INDUSTRIAL NODE LOCATED AT HOBART ROAD 7 THROUGH: Richard Shearer, AICP AND U.S. HIGHWAY #1 Chief, Long -Range Planning FROM: /� /' REFERENCES: Jeffrey A. Goulet �'�"�'4 . Hobart Rd. /U.S. #1 Memo Staff Planner, Long -Range Planning JEFF It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of December 11, 1985. DESCRIPTION & CONDITIONS The Planning Department is initiating a request to establish boundaries for the fifty (50) acre commercial/ industrial node located at Hobart Road and U.S. Highway #1. On September 12, 1984, the Board of County Commissioners adopted an amendment to the text of the Land Use Element of the Comore - W hensive Plan which provided for establishing boundaries for each of the nodes as generally described in the text of the Land Use Element of the Comprehensive Plan. On November 14, 1985, the Planning and Zoning Commission voted 4 -to -0 to recommend approval of the proposed node boundaries to the Board of County Commissioners. The Planning and Zoning Commission also suggested that the Comprehensive Plan be amended to change this commercial/ industrial node to a commercial node based on the existing zoning and land use patterns in the area. ALTERNATIVES & ANALYSIS The proposed boundaries of the Hobart Road and U,S. #1 Commer- cial/ Industrial node were prepared based on the following criteria: 1. The general description and size constraint of the node as described in the text of the Land Use Element; 2. The existing commercial uses in the general area of the node; 3. The existing zoning pattern; 4. Property boundaries; 5. Traffic considerations; and 6. Environmental considerations. A All of the nodes are generally described in the Comprehensive Plan. The Hobart Road and U.S. #1 node is described as: "A fifty (50) acre commercial/industrial node is located at the intersection of U.S. #1 and Hobart Road." All of the property proposed for inclusion in the node is located on the east side of U.S. Highway #1. All of the property is currently zoned C-lA, Restricted Commercial District, except for the Polish -American Club parcel, which is zoned C-1, Commercial District. The proposed -node boundary follows property lines and the existing commercial zoning district boundaries. The acreage represented in the proposed node boundary -does not include any property within the MXD area. The MXD area is located on the west side of U.S. #1 to a point three hundred (300) feet west of the F.E.C. Railroad or Old Dixie Highway, whichever is most westerly. The Comprehensive Plan states that within the designated MXD areas, the County shall encourage, where appropriate, redevelopment in accordance with the dominant land uses of the area, and that commercial and industrial land uses are anticipated to "utilize" the majority of the MXD area. The MXD areas provide for the expansion of the dominant land uses within each section of the MXD':. Together, the MXD areas and the nodes provide for the anticipated commercial and industrial growth in the County for the next twenty (20) years. Existing Land Use Pattern There are a variety of commercial uses located in the proposed node area on the east side of U.S. #1. The largest use is the Polish -American Club, currently under construction. There are also several offices, including a real estate office and a citrus sales office. A craft shop is located at the northern edge of the proposed boundaries. In addition to the various commercial uses, several residences are located north of Hobart Road. The MXD area on the west side of U.S. #1 is largely vacant, but there are several large commercial establishments. These include Mama Mia's Restaurant, Busy Bee Nursery, and Procter Plaza, a trade contractor's office building. E� 19185 57 • BQOK 6 2 FAG{ D E C 111985 BOOK PAGE - -- --- - - - - ---------- Environment The node area is not designated as environmentally sensitive nor is it in a flood -prone area. Utilities No water or sewer facilities are available in the node area at the present time. Transportation Svstem All properties proposed for inclusion in the node have primary access on U.S Highway #1 (designated as an arterial on the Thoroughfare Plan). Secondary access from 79th Street, Hobart Road, and 38th Avenue is also available for several of the properties. RECOMMENDATION Based on the above analysis, and the Planning and Zoning Commission's recommendation, staff recommends that the proposed boundaries of the fifty (50) acre commercial/ industrial node located at U.S. #1 and Hobart Road be approved. Commissioner Bird considered this a strange looking node, but did not know what we could do to change it now. Most of the nodes have a center core around a major intersection and expand out from there, but this one is a strip. Planner Jeff Goulet advised that the next node to the north is located at Wabasso Road. Chairman Lyons opened the Public Hearing and asked if anyone wished to be heard in this matter. There were none. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously closed the Public Hearing. Chairman Lyons left the room temporarily. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, Chairman Lyons being out of the room temporarily, the Board unanimously (4-0), adopted Ordinance 85-98, establishing boundaries for the 50 -acre commercial/industrial node located at the intersection of Hobart Road and U.S. #1. 58 a >. ORDINANCE NO. 85 — 98 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSION— ERS OF INDIAN RIVER COUNTY, FLORIDA ESTABLISH— ING BOUNDARIES FOR THE 50 ACRE COMMERCIAL/ INDUSTRIAL NODE LOCATED AT THE INTERSECTION OF HOBART ROAD AND U.S. HIGHWAY #1 AS GENERALLY DESCRIBED IN THE TEXT OF THE LAND USE ELEMENT AND DEPICTED' ON THE LAND USE MAP OF THE LAND USE ELEMENT OF THE COUNTY'S COMPREHENSIVE PLAN; PROVIDING FOR THE BOUNDARY MAP, THE DESCRIPTION OF THE NODE AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Indian River County, Florida have amended the County's Comprehensive Plan to provide for establishing boundaries for every commer- cial, commercial/industrial, industrial, tourist/commercial, and hospital/commercial node; and WHEREAS, The Planning and Zoning Commission has held a public hearing and subsequently made a recommendation to establish boundaries for this node; and, WHEREAS, The Board of County Commissioners has held a public hearing on these proposed boundaries at which parties in interest and citizens had an opportunity to be heard; and, WHEREAS, The Board of County Commissioners is empowered to adopt these boundaries to assist in the implementation of the County's Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian River County, Florida, that: SECTION 1 The attached map labeled as "Attachment A" and the description labeled as "Attachment B" shall be the official boundaries of the 50 acre Commercial/ Industrial Node located at the intersection of Hobart Road and U.S. Highway #1. SECTION 2 EFFECTIVE DATE The provisions of this ordinance shall become effective `-= upon receipt from the Florida Secretary of State of official acknowledgment that this ordinance has been filed with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on the 11th day of December 1985. DEC 11 191805 BOOK �2 PnE R J DEC 11195 ORDINANCE NO. 85- 98 BOOK ` E2 .fAuE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA I Acknowledgment by the Department of State of the State of Florida this 19th day of December , 1985. Effective Date: Acknowledgment from the Department of State received on this 23rd day of December , 1985 at 10:00-A.M./P.M. and filed in the office of the Clerk of the Board -of County Commissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY. Hobart Rd./U.S. 1 Node Ord. JEFF X,\ _ ORDI14ANC 85- • ATTACHM A U.S. Hwy # 1 & Hobart Rd. Commercial / Industrial Node li, S. 0� ,•E. , OR'nr , A o'7 RMH-6 i C -1A P RMH-6 %€ 1 �• C -1A \ 1 M-1 �-T•, C-2 HDHART RD . M9B - r % P l' , 6 ' 1 WAiI LD -2 RS -6 MA4E I I ►ANT Of_ _ 969AN IN+NONANT N _ RR -2 �I RM -6 EN / LD -2 SEN:,N CT R y n r. rf r• • • •. f r , s f. rs r• r� ANA � f. !f f• !! u' f M A I f - . t: M-1 LD-� y RS -3 0 I M 1 VXL� 7� \ Node B o u n d 421 y DEC 111985 BOOK PAGE 969, b 01 7 RM -3 rORDINANCE NO. 85 - 'DEC 111985 ,ATTACHMENT B BOOK 62 FACE 1000 DESCRIPTION OF THE HOBART ROAD AND U.S. #1 COMMERCIAL/INDUSTRIAL NODE BEGINNING AT A POINT WHERE THE NORTH RIGHT-OF-WAY LINE OF 9 73RD STREET INTERSECTS THE EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #1; THENCE RUN NORTH (CROSSING HOBART ROAD AND 79TH STREET) APPROXIMATELY 4720 FEET ALONG THE EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #1; THENCE RUN EAST APPROXIMATELY 300 FEET; THENCE RUN SOUTH (PARALLEL TO U.S. HIGHWAY #1) APPROX- IMATELY 375 FEET TO THE CENTER LINE OF 79TH STREET; THENCE RUN EAST APPROXIMATELY 350 FEET; THENCE RUN SOUTH (PARALLEL TO U.S. HIGHWAY #1) APPROXIMATELY 1000 FEET TO THE WEST RIGHT-OF-WAY LINE OF 39TH AVENUE; THENCE RUN SOUTH (CROSSING HOBART ROAD) APPROXIMATELY 1100 FEET ALONG THE WEST RIGHT-OF-WAY LINE OF 39TH AVENUE; THENCE RUN EAST APPROXI- MATELY 450 FEET; THENCE RUN SOUTH (PARALLEL TO U.S. HIGHWAY #1) APPROXIMATELY 1090 FEET; THENCE RUN WEST APPROXIMATELY 450 FEET; THENCE RUN SOUTH (PARALLEL TO U.S. HIGHWAY #1) APPROXIMATELY 375 FEET; THENCE RUN EAST APPROXIMATELY 110 - - -- FEET; THENCE RUN SOUTH APPROXIMATELY 650.,FEET -TO THE NORTH '.RIGHT-OF-WAY LINE OF 73RD STREET; THENCE RUN WEST APPROXI- MATELY 6 FEET ALONG THE NORTH RIGHT-OF-WAY LINE OF 73RD ' -96 STREET TO THE POINT OF BEGINNING. LYING' IN SECTION -.3,... TOWNSHIP 32S, RANGE 39E, AND SECTION 34, TOWNSHIP 31S, RANGE 39E. CONTAINING 50 ACRES, MORE OR LESS. Hobart/U.S. #1 Node Description JEFF Chairman Lyons reentered the meeting. PUBLIC HEARING - PROPOSED AMENDMENTS TO RS -1, RMH-6 AND RMH-8 ZONING DISTRICTS The hour of 9:45 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to wit: VERO BEACH PRESS -JOURNAL Published Weekly 1, 31 Vero Beach, Indian River County, F ii 6 COUNTY OF INDIAN RIVER: ✓i:; STATE OF FLORIDA _ Before the undersigned authority personally appeared J.1Schumariri; iig)wh0 on dial says that he is Business Manager of the Vero Beach Press -Journal, Week fp rrdwspaper pub[' at Vero Beach in Indian River County, Florida; that the attached , -of advert isement,1b@ In the matter of In the Court, was pub- lished in said newspaper in the issues of 7&v-,- /!Z D'eC• -z�y�� NOTICE OF REGULATION OF LAND USE= NOTICE -OF PUBLIC HEARING TO CONSIDER THE ADOPTION OF A COUNTY ORDINANCE NOTICE IS HEREBY GIVEN that the Indian River County Board of County Commissioners, shall hold a public hearing at which parties in I terest and citizens shall have an opportunity t be heard, in the County Commission Chambe of the County Administration Building, located 1840 25th Street, Vero Beach, Florida, on Wednesday, December 11, 1985, at 9:45 a.m• to consider the adoption of -an Ordinance entitled. AN ORDINANCE OF THE BOARD OF :COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 5 (A) AND ­ 13(A), OF ORDI- ' NANCE 85.4, KNOWN -AS APPENDIX A ZONING — OF THE CODE OF LAWS AND ORDINANCES OF INDIAN RIVER . COUNTY; PROVIDING FOR. REDUCING THE MINIMUM YARD REQUIREMENTS IN THE RS -1; SINGLE-FAMILY RESI-• DENTIAL DISTRICT, AND THE RMH-8; AND RMH-8 MOBILE HOME .RESIDEN- ' TIAL DISTRICTS; REDUCING THE MINI- MUM LOT WIDTH IN THE RS -1 DIS-: TRICT, .AND INCREASING THE MINI MUM LOT SIZE IN THE RS -1 DISTRICT; CODIFICATION; SEVERABILITY; RE- PEAL OF CONFLICTING PROVISIONS; AND EFFECTIVE DATE. Anyone who may wish to appeal any, decisioi which may be made at this meeting will need h Affiant further says that the said Vero Beach Press -Journal is a newspaper published at ensure that a verbatim record of the proceeding Vero Beach, in said Indian River County, and that the said newspaper has heretofore is made, c which apIncpeal i testimony and ewdenc been continuous) published in said Indian River County, Florida week) and has been entered upon which the appeal is based.... Y P tY. Y . -. Indian River County as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida Board of County commissioners for a period of one year next preceeding the first publication of the attached copy of adver- gy s -Patrick B. Lyons Chairman tiserrent; and affiant further says that he has neither paid nor promised any person, firm or Nov.19,bec.3,1985. _, . ,._....._• corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. ,,�� ,,,, Sworn to and subscribed before me this --clay ofd��""'��A.D. T-•5 e Manager) (SEAL) (Clerk of the Circuit Court, Indian River Cou ty, F r' a) DEC 111985 The Board reviewed the following memo dated 11/22/85: 62 a jjnn BooK 62 FAUEffli DEC 11 198 5 BOOK E2 PAcM2 TO: The Honorable Members DATE: November 22 1985 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: SUBJECT: PROPOSED AMENDMENTS TO Ro ert M. Reati g,CP RS -1, RMH-6 AND RMH-8 Planning & Development Director ZONING DISTRICTS FROM: FS REFERENCES: Richard Shearer, AICP Co. Initiated Request Memo Chief. Tong -Rand 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 December 11, 1985. DESCRIPTION & CONDITIONS The Planning Department is initiating a request to amend the RS -1, Single -Family Residential District, the RMH-6, Mobile Home Residential District, and the RMH-8, Mobile Home Residential District, regulations of the zoning ordinance. The proposed amendments include reducing the minimum yard requirements in all three districts, and reducing the lot width and increasing the minimum lot size in the RS -1 district. The RS -1, RMH-6, and RMH-8 zoning districts were adopted on January 16, 1985, and many properties were rezoned to one of these three districts on April 11, 1985, based on their land use designations and previous zoning. The RMH-6 and RMH-8 zoning districts have stricter minimum yard requirements than the previous mobile home zoning districts which has caused hardships for individuals wanting to add accessory structures to mobile homes in existing mobile home parks. The RS -1 zoning has been applied to many properties which were previously zoned R-1, Single -Family District (up to 6.2 units/acre), but had a land use designation of RR -2, Rural Residential 2 (up to 1 unit/acre). The new RS -1 minimum yard requirements are considerably more strict than those of the R-1 district and have created hardships for individuals wanting to build houses in the RS -1 district. The Board of Adjustment has granted two variance requests since August due to these hardships. On November 14, 1985, the Planning and Zoning Commission voted 4 -to -0 to recommend approval of this request. ALTERNATIVES & ANALYSIS Currently, the following requirements exist for these three zoning districts: Minimum Minimum Required Yards Lot Lot Area Width Front Rear Side RS -1 35,000 sq.ft. 150' 50' 30' 30' RMH-6 7,000 sq.ft. 70' 20' 20' 10' RMH-8 51000 sq.ft. 50, 20' 20' 10' Currently, many properties in the Roseland area along the Sebastian River are zoned RS -1 and are very narrow in width. While many of these properties are several acres in size, they have insufficient width to be split to create more than one lot. Because most of the developable RS -1 property in the County is in 63 Roseland, staff feels that the minimum lot width should accommo- date these narrow properties along the Sebastian River. The Roseland Property Owners Association has recommended that the minimum lot width in the RS -1 district be reduced to 125 feet. If the minimum lot width is reduced, the staff feels that the minimum lot size should be increased to 40,000 square feet in order to maintain the one unit per acre density limitation in the RS -1 district. The yard setback requirements in the RS -1 district have caused hardships to individuals attempting to build houses on lots that were platted under different zoning regulations. Many of the lots in the Roseland area which are zoned RS -1 were platted when the land was zoned R-1. The R-1 district required 20 foot front and rear yards and 10 foot sideyards which are significantly less than the RS -1 regulations. Variances have been granted for two lots to vary the frontyard setback to 30 feet and to vary the sideyard setback to 20 feet. Staff feels that a 30 foot frontyard and 20 foot sideyard setback together with the existing 30 foot rearyard setback would be reasonable. These setbacks would reduce the number of lots which cannot meet the current setback requirements but are stricter than the RS -3 setbacks. The new mobile home zoning districts were designed to regulate new mobile home subdivision developments. The setbacks in these districts were, therefore, based on regulating subdivisions and not mobile home parks. However, these new districts replaced four old mobile home zoning districts which included mobile home park districts. The old R-1MP, Mobile Home Park District, had a flexible side yard requirement that required 20 feet of space between living spaces and 10 feet between accessory structures. The new RMH-6 and RMH-8 districts require 20 feet between living structures and 20 feet between accessory structures. The effect of these new regulations are that many accessory structures are now non -conforming and many individuals in mobile home parks cannot add an accessory structure because of the new setback requirements. Staff feels that these new setback requirements have created a hardship for many individuals and that some flexibility is needed in regulating the setbacks for accessory structures. RECOMMENDATION Based on the above analysis, including the Planning and Zoning Commission's recommendation, staff recommends the following new setback requirements: Minimum Lot Area Minimum Lot Width RS -1 40,000 sq.ft. 125' RMH-6 7,000 sq.ft. 70' RMH-8 5,000 sq.ft. 50' Required Yards Front Rear Side 30' 30' 20' 20' 20' 101* 20' 20' 101* *Except that sideyards for mobile homes in mobile home parks in existence prior to April 11, 1985, shall be established as follows: Every mobile home residence shall be located on a space so that no living space is closer to any adjacent living space than twenty (20) feet and no accessory structure shall be located closer than ten (10) feet to any other structure on an adjoining space. 64 DEC 111985 BOOK' 62 fAJ00 DEC 111985 Box 62 PAJO0 Commissioner Bird noted that in the RS-1 we have reduced the minimum Iot width, but we have increased the minimum square footage, and Richard Shearer, Chief of Long -Range Planning, explained that staff's intention is to maintain the 1 unit per acre density. Commissioner Bowman had a problem with reducing the 50 -ft. frontage to 30 feet because we might want to widen certain roads, particularly Roseland Road, and this will bring those residents very close to the road. Planning 6 Development Director Robert Keating stated that we should be getting sufficient right-of-way for Roseland Road, which needs 120 feet. Commissioner Scurlock believed we are taking a look at getting setbacks in all areas, such as we did out S.R. #60, and Director Keating confirmed that we are trying to implement that with the impact fee ordinance. Commissioner Scurlock did not know what impact zero setback would have on RS -1 and felt we need to come up with some minimum threshold for square feet so that we don't encourage anything under a 70-75 ft. lot. He felt that when we were considering density transfer, we didn't consider the size of the lots and zero setback. Mr. Shearer advised that the time to do that is later and then we would need to look at all the residential districts. Commissioner Bowman wished to limit the RS -1 to the Roseland area only, but Administrator Wright believed it has to be by zoning districts, not geographical areas. Mr. Shearer explained that this is going to be the main area where we see the RS -1 zoning, with the exception of the environ- mentally sensitive lands along the Indian River. Chairman Lyons opened the Public Hearing and asked if anyone wished to be heard in this matter. Frank DeJoia, resident of Roseland, spoke in favor of these proposed changes for RS -1. He felt all of the residents in 65 � r � Roseland want to preserve the integrity of the 1 upa density along Roseland Road and the river, but the existing setbacks and minimum widths do pose a serious problem for many people who want to divide their property due to the long, narrow configuration of the properties. He pointed out that he is currently working with Reverend Hendry trying to divide his 5 -acre property up into two parts, and when you take these 30 -ft. setbacks on the sides and 50 -ft. on the front and back, you are really confiscating quite a bit of the property. He felt that if anything, these more relaxed requirements will help to preserve the integrity of the RS -1 category. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously closed the Public Hearing. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Scurlock, the Board unanimously adopted Ordinance 85-99, providing for reducing the minimum yard requirements in the RS -1 Single -Family Residential District, and the RMH-6 and RMH-8 Mobile Home Residential Districts, reducing the minimum lot width in the RS -1 District, and increasing the minimum lot size in the'RS-1 District. 66 DEC 1119815 BOOK 6 WLW5 O E C -11-1935- 1.1995 BOOK 62 PAc6 ORDINANCE NO. 85-99 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 5 (A) AND 13 (A), OF ORDINANCE 85-4, KNOWN AS APPENDIX A--ZONING--OF THE CODE OF LAWS AND ORDINANCES OF INDIAN RIVER COUNTY; PROVIDING FOR REDUCING THE MINIMUM YARD REQUIREMENTS IN THE RS -1, SINGLE-FAMILY RESIDENTIAL DISTRICT, AND THE RMH-6 AND RMH-8 MOBILE HOME RESIDENTIAL DISTRICTS; REDUCING THE MINIMUM LOT WIDTH IN THE RS -1 DISTRICT, AND INCREASING THE MINIMUM LOT SIZE IN THE RS -1 DISTRICT; CODIFICATION; SEVERABILITY; REPEAL OF CONFLICTING PROVISIONS; AND EFFECTIVE DATE. SECTION 1 Table 5(A) entitled "Size and Dimension Criteria, RS -1 Zoning District" of Ordinance 85-4 is hereby amended to read as follows: ZONING DISTRICT RS -1 REGULATION UNIT OF MEASURE 1 1 - MIN. LOT SIZE 357989 40,000 square feet MIN. LOT WIDTH -159 125 feet MIN. YARD -Front 59 30 -Side 392 202 feet -Rear 302 SECTION 2 TABLE 13(A) entitled "Size and Dimension Criteria, RMH-6 and RMH-8 Zoning Districts" of Ordinance 85-4 is hereby amended to read as follows: ZONING DISTRICT RMH-6 RMH-8 REGULATION UNIT OF MEASURE MIN. YARD -Front 20 20 1 1 -Side 10 10 feet -Rear 20 20 1 Except that side yards for mobile home parks in existence prior to April 11, 1985, shall be established as follows: Every mobile home residence shall be located on a space so that no living space is closer than twenty(20) feet to any adjacent living space and no accessory structure shall be located closer than ten(10) feet to any other structure on an adjoining space CODING: Words in struek-through type are deletions from existing law; words underlined are additions. ORDINANCE NO. 85- 99 eVnMTnM Z REPEAL OF CONFLICTING PROVISIONS All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. All Special Acts of the legislature applying only to the unincorporated portion of Indian River County and which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict, SECTION 4 INCORPORATION IN CODE The provisions of this ordinance shall be incorporated into the County Code and the'word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intentions. SECTION 5 SEVERABILITY If any section, part of a sentence, paragraph, phrase or word of this ordinance is for any reason held to be unconstitutional, inoperative or void, such holdings shall not affect the remaining portions hereof and it shall be construed to have been the legislative intent to pass this ordinance without such unconstitutional, invalid or inoperative part. SECTION 6 EFFECTIVE DATE The provisions of this ordinance shall become effective upon receipt from the Florida Secretary of State of official acknowledgment -that -this ordinance has been filed with the Department of .State. Approved and adopted by the Board of County Commissioners of Indian River County, --Florida on this 11th day of Decembe�r985. D E C 111995 BooK 62 PAGd007 DEC 111985 BOOK 62 PAGPa� ORDINANCE NO. 85-99 BOARD OUNTY COMMISSIONERS OF 16DIANIRIVER COUNTY Y: / t is B. Lyons firman Acknowledgment of the Department f Sta of the State Florida this 19th day of Dece , 1985. Effective Date: Acknowledgment from the Department of State received on this23rd day of December , 1985, at 10.00 A.M./P.M. and filed in the Office of the Clerk of the Board of County Commissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY. Bruce Barkett, Assistant County Attorney The Commissioners unanimously agreed to continue today's meeting beyond the 12:30 o'clock P.M. time schedule. APPROVAL OF CONTRACT FOR PURCHASE OF VOTING EQUIPMENT AND VOTE TABULATION SYSTEM The Board reviewed the following memo dated 12/9/85: 68 a W ANN ROBINSON SUPERVISOR OF ELECTIONS 1840 25TH STREET, SUITE N-109 VERO BEACH, FLORIDA 32960-3394 TELEPHONES: (305) 567-8187 or 567-8000 December 9, 1985 RE: BCC agenda item 10, December 11, 1985, NEW Voting Equipment I request your approval of the following: 1. Contract with TRIAD in amount of $23,395 2. Contract with ELECTION SUPPLIES LIMITED in amount of $74,520 3. Purchase of other voting equipment in amount of $8,890 (The equipment is itemized on attached sheet.) Thank you, Ann Robinson Supervisor of Elections For BCC meeting of December 11, 1985, Item 10: New Voting Equipment IBM Equipment on State Bid List: 1. 5151/001 61P1!ER. 40400 2 @ 193.75 $ 387.50 2. IHS 2 @ 171.00 C �v 3. 4211 DOS ROf-= 2 @ 44 ANN ROBINSON SUPERVISOR OF ELECTIONS 1840 25TH STREET, SUITE N-109 VERO BEACH, FLORIDA 32960-3394 TELEPHONES: (305) 567-8187 or 567-8000 December 9, 1985 RE: BCC agenda item 10, December 11, 1985, NEW Voting Equipment I request your approval of the following: 1. Contract with TRIAD in amount of $23,395 2. Contract with ELECTION SUPPLIES LIMITED in amount of $74,520 3. Purchase of other voting equipment in amount of $8,890 (The equipment is itemized on attached sheet.) Thank you, Ann Robinson Supervisor of Elections For BCC meeting of December 11, 1985, Item 10: New Voting Equipment IBM Equipment on State Bid List: 1. 5151/001 Monochrome Display, plus transportation, 2 @ 193.75 $ 387.50 2. 5151/4900 Monochrome Display and Printer Adapter, 2 @ 171.00 342.00 3. 4211 DOS 3.1 (PC DOS Operating Systerm), 2 @ 44 88.00 4. 5250 Emulation Unit 591.00 5. 5160/078 IBM PC %T with 2568, 2 360 RB DSRT DR 1819.00 6. 5170/ IBM PC AT with 512K, 1.2MB DSRT DR, 30MB disk 4268.65 7. 4201/001 Proprinter, plus transportation 388.60 8. Adapter cable for printer, 2 @ $36 72.00 Other Equipment: Okidata Printer and a Multi -function Card 69 r $7956.75 933.25 $8890.00 DEC 111985 Boa 62 PA -0-4019 Ann Robinson, Supervisor of Elections, noted that these costs stay exactly within the money the Board budgeted for new voting equipment. According to Florida Statutes,. voting equipment must be purchased by a governing body. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Bowman,.that the Board approve the contract with TRIAD in the amount of $23,395 and the contract with Election Supplies Limited in the amount of $74,520 and the purchase of other voting equipment in the amount of $8,890. Supervisor Robinson explained that the Utilities Department has agreed to let her use their AT computer as a backup in an emergency. With respect to maintenance, there is a one-year guarantee on the software, and a 5 -year warranty on the voting booths themselves. She believed that IBM gives a 90 -day warranty on the hardware that is on the State Contract, and maintenance for the other IBM hardware will have to be paid out of the department's office equipment maintenance fund. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. CONTRACTS ARE ON FILE IN THE OFFICE OF THE CLERK Supervisor Robinson advised that January 11th is the last possible date to notify her of a special election. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Wodtke, the Board unanimously authorized the disposal of 20 surplus voting machines; accepted the $1,000 credit on the ESL contract; and authorized the sale of the other 28 machines. 70 PERMITTING AND CONSTRUCTION SPECIFICATIONS MANUAL FOR WATER AND WASTEWATER SYSTEMS The Board reviewed the following memo dated 11/26/85: TO: THE HONORABLE BOARD OF COUNTY COMMISSIONERS THRU: 1 TO,�DIRECTOR UTILITY SERVICES DATE: NOVEMBER 26, 1985 SUBJECT: FROM: RONALD R. BROOKS, ENVIRONMENTAL AX ENGINEERING SPECIALIST, UTILITY SERVICES BACKGROUND AND CONDITIONS PERMITTING AND CONSTRUC- TION SPECIFICATIONS WATER AND WASTEWATER SYSTEMS The County's current water and wastewater franchising process provides for the review and permitting of the design, construction, and operation of water and wastewater systems in Indian River County. However, we currently have no printed permitting guidelines or procedures; and although we do have material and construction specifications, they are long overdue for updating. We also do not have current printed guidelines for the review and per- mitting of the design and construction of expansions of the County operated utilities. Further, there is an increasing desire by residents within established subdivisions to obtain County water service and we have only a limited program for the expansion of our County systems into such sub- divisions. ANALYSTS The County is in dire need of a well organized program for the expansion of our own utilities and the review and approval of the construction and operation of the water and wastewater systems of the County franchised utilities. A program should be established and outlined within a printed manual that provides a detailed break down of the following: 1. Procedures for expansion County operated water and wastewater systems. 2. Procedures for the review and approval of the design, construction and operation of expansions of County water and wastewater systems. 3. Procedures for the review and approval of the design, construction, operation and expansions of the water and wastewater systems of fran- chised utilities. 4. _ Updated minimum specifications on the materials, and the design and construction of water and wastewater systems. These specifications should include graphic displays of materials and construction proce- dures as well as minimum or specific criteria on the materials to be used in the construction of water and wastewater systems. 1 BOOK FAu V_LI DEC 111985 DEC 111995 CONCLUSION BOOK 62 FA;LM2 The attached is a proposal by one of our currently contracted- wastewater engineering firms (Camp Dresser & McKee, Inc.) to prepare a written proce- dures manual outlining permitting and construction specifications for water and wastewater systems, and procedures or programs for expanding the County" operated water and wastewater systems. The firm proposes- to develop a procedures manual for review and subsequent adoption by the Board of County Commissioners. The manual is to be prepared in a draft form within thirty (30) days. The estimated fee for preparation of the manual is $9,850.00. RECOMMENDATION Staff recommends that the Board of County Commissioners authorize the work by Camp Dresser & McKee Inc. as described in the attached Scope of Work. Utilities Director Terry Pinto urged the Board to authorize the composition of this manual. Commissioner Scurlock felt that we are beginning to see how complicated some of these fee structuring processes are. Chairman Lyons asked if we have a written policy on getting a utility line to the house, and Director Pinto explained that this will be included in this manual. Part of the cost for the manual will come out of the Utilities Department budget and part will be paid out of the funds raised through the franchise. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously authorized the work by Camp Dresser & McKee, Inc. as described in the proposed Scope of Work, as recommended by Utilities Director Pinto. SCOPE OF WORK AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO REQUEST FOR ADDITIONAL HELP IN FINANCE DEPARTMENT The Board reviewed the following memo dated 12/4/85: 72 December 4, 1985 F RED A W R I G H T _. sna�:� c�t�;a►Y 1 JI CLERK, CIRCUIT COURT AND RE'CO'RDER +i r `f � �r .l��•s o .a INDIAN RIVER COUNTY TO: Patrick Lyons Chairman, Board of County Commissioners FROM: Freda Wright Clerk of Circuit Court RE: Request for Additional Help P. O. BOX 1028 HERO BEACH - FLORIDA - 32960 We respectfully request that our need for additional help in the Finance Department be included on the agenda for December 11, 1985. We did not include this position in our budget request because we had no work space available and were hoping that we would be able to get through the year, but the work load for this department has increased at a much faster rate than expected. We have experienced a 42% increase in the number of employees being carried in the payroll system and a 19% increase in the quantity of payables being processed. The work continues to increase and has reached a point where the SEVEN employees can no longer keep up. We have not had an increase in this department since the 1983-84 budget year. I have completed a survey of other counties of like size and found that Indian River County is currently staffed at a level well below other counties (see attached comparison). We are now having to handle utility impact funds for two major projects with others proposed, and the new transportation impact funds accounting will also impact heavily on this department when implemented. A It is this unexpected increase in the work load that forces us to request a new position for the department at an approximate cost of $14,000. annually. Commissioner Scurlock was concerned about space for this additional position, and Administrator Wright noted that space depends on what action the Board takes at the next meeting concerning rental space. Freda Wright, Clerk to the Board, explained that right now she has temporary space for the additional employee and the funding will come from the general 73 BOOK L-DEC11119W;- DEC 111985 BOOK 62 Pay funds contingencies. The Clerk wished to have the employee start in January, which would cover 9 months of fiscal year 1985-86. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bird, the Board unanimously approved the request for an additional employee for the Finance Dept. for 9 months of the fiscal year 1985-1986 with the funding to come from the general contingency fund, the balance of which is $273,515. LEASE AGREEMENT FOR MOBILE UNIT AT NEW JAIL SITE Administrator Wright suggested that we add to -the lease agreement with Williams Mobile Offices an option to renew for one more year at the same price. The rental is $26,400 annually and that works out to $7.85 per square foot. The mobile unit is coming with the interior designed the way we want it, but we will have to install the bunks, etc. Commissioner Scurlock asked if we have an option to purchase at the end of the lease, and Administrator Wright confirmed that we have the option, but he did not feel we would want to. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Bowman, that the Board approve the lease agreement with Williams Mobile Offices in the amount of $2,200 per month beginning in February, 1986, with the funding to come from the general contingency fund; and authorized the Chairman's signature. Under discussion, Commissioner Wodtke asked if this would solve our overcrowding problems, and Administrator Wright reported that we have DOC approval and this does provide for 36 inmates. The judges understand, and it is just a matter of keeping the cap at 105-110. 74 Commissioner Wodtke asked if we are still being sued, and Attorney Vitunac reported that he sent the agreement to the DOC, and their attorney is rewriting it. However, he has not heard from them as yet. Administrator Wright confirmed that we have adequate staff for the mobile unit and the Board has already approved the funding. Commissioner Bird asked about site plan approval and Admini- strator Wright reported that they obtained it through the City of Vero Beach. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. 75 BOOK 62 PAGE&5 rDEC 111985 . -A (40 1red i �flO62 K'A11 Builders of Construction/Industrial Trailers and Modular Buildings P.O. Box 986 Baltimore, Maryland 21203 301-391-0100 800-638-6963 IESS�_', rBOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY 1840 25TH STREET LVERO BEACH, FL 32960-- 'Y1=cEphoNE 305-567-8000 CUSTOMER NUMBER: EQUIOMENT SPECIFICATIONS-, 4LEASE AGREEMENTy . .`DELIVERY ADDRESS: 1725 17TH AVENUE J VERO BEACH, FL TELE HONE -, z <r:, .MOQ L..., ,.:SERIAL NUM9ER:.; DELIVERY DATE VALUE ' ,,.,, MINIMUM RENTAL TERM. - RATE PER MONTH ,- 140 X 24 FL -01322-325 1 01/*/86 $ 63,250.00 I • 12 MONTHS 1 2,200.00 This agreement is made as of12/04/85 by and between WILLIAMS MOBILE OFFICES, INC., a Maryland corporation having an office for the transaction of business at 8656 Pulaski Highway, Baltimore, Maryland 21237 (hereinafter referred to as Lessor) and the Lessee named above. Lessor hereby agrees to lease to Lessee and Lessee hereby agrees to lease and rent from Lessor the Equipment described above, on the terms and conditions set forth above, below and on the reverse side of this agreement. BILLING INFORMATION: FIRST MONTH'S RENT $ 2200.00 INBOUND FREIGHT 1800.00 SET UP 3200.00 INI .IAL. PAYMENT AMOUNT $ 7200.00 RETURN FREIGHT OF $ 900.00 AND $ 1100.00'KNOCKDOWN CHARGES TO BE BILLED. WHEN THIS TRAILER IS RETURNED TO WILLIAMS.'. AFTER INITIAL PAYMENT HAS-BEEN MADEV A MONTHLY RENTAL.OF $ 2200.00 PAYABLE ON DAY * OF EACH MONTH BEGINNING 02/*/86. '*' TO BE DETERMINED AT TIME OF DELIVERY. LESSEE: ^OARD OF COUNTY COMMISSIONERS B TITLE 76 i. Ja—es F. Wilson i; A t. County Attorney ACCEPTED: WUNCn'm ,Inc. BY:- LESSOR Y:LESSOR Builders of Construction/Industrial Trailers and Modular Buildings P.O. Box 986 Baltimore, Maryland 21203 301-391-0100 800-638-6963 LESSEE: r BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY 1840 25TH STREET LERO BEACH, FL 32960 TELEPHONE: 305-567-8000 PURCHASE OPTION DELIVERY ADDRESS: F 1725 17TH AVENUE L RO BEACH, FL J TELEPHONE: jlh CUSTOMER NUMBER: EQUIPMENT SPECIFICATIONS: MODEL SERIAL NUMBER , DELIVERY DATE VALUE MINIMUM LEASETERM RATE PER MONTH 140 X 24 FL -01322-325 1 01/*/86 $ 639250.00 1 12 MONTHS 1 29200.00 PROVIDED THERE IS THEN NO DEFAULT, AND HAS NEVER BEEN A DEFAULT; BY LESSEE UNDER THE LEASE AGREEMENT APPLICABLE TO THE DESCRIBED EQUIPMENT, LESSEE MAY EXERCISE AN OPTION TO PURCHASE THIS EQUIPMENT AT ANY TIME PRIOR TO THE TERMINATION OF THE LEASE BY PAYMENT TO THE LESSOR OF THE DIFFERENCE BETWEEN: A) THE VALUE OF THE EQUIPMENT AS INDICATED ABOVE: AND (B) 60 % OF THE RENTALS PAID BY LESSEE. UPON RECEIPT OF SUCH FULL PAYMENT PLUS ALL APPLICABLE TAXES, LESSOR SHALL EXECUTE AND DELIVER TO LESSEE APPROPRIATE CERTIFICATE (S) OF ORIGIN. 77 DEC 111985 BOOK 62 f -'Ad . DEC 11985 BOOK E2 FAC4O18 TREASURE COAST REGIONAL PLANNING COUNCIL - ESTABLISHMENT OF INFORMAL INTERJURISDICTIONAL MEDIATION PROCESS The Board reviewed the following memo elated 11/22/85: To: F rom: MEMORANDUM Local Governments_-in�the Treasure Sam Shannon l Executive Director`!" x `^ I Date: november 22, 1985 ' Coast DIS, Tr:,P'UT!1.,::,T — Pub,;C Con;:i:::...,, Utiliti;;s -- Finance Other ^ �-�- Region Subject: Informal Interjurisdictional Mediation Process During the 1984 session, the Legislature passed the State and Regional Plan- ning Act which, in part, addressed the Governor's Environmental Land Manage- ment Study (ELMS) Committee's recommendations regarding mediation of local government conflicts relating to comprehensive plans. Specifically, Section 186.509, Florida Statutes, states: Mediation of Conflicts Between Local Governments - The Regional Planning Council shall establish an informal media- tion process to resolve conflicts between local governments relating to comprehensive plans. The resolution of any issue through the mediation process shall not alter any person's right to a judicial determination of any issue if that person is entitled to such a determination under statu- tory or common law. Attached for your review and comment are proposed guidelines for conducting the required interjurisdictional mediation process. These guidelines are based upon procedures employed by the Pennsylvania Local Government Commis- sion, the Virginia Commission on Local Government, and the Tampa Bay Regional Planning Council. Mediation is a voluntary method of dispute resolution encouraged by the American Arbitration Association since 1926 and formally established in several states. It is applicable to both the public and private sector. The primary goal of mediation is a mutually acceptable solution to a dispute, ,..-rived at by consent of the parties, through the guidance of a neutral person serving as the mediator. The process differs from arbitra- tion in that the neutral person in arbitration is authorized to decide issues and render a final and binding decision. The mediator, by contrast, does not decide issues for the parties, nor render a final judgement; the mediator serves as a catalyst and facilitator to move the parties toward a settlement between themselves. 78 The principal advantage of mediation is the ability to explore avenues of settlement in a supportive setting without the cumbersome court entangle- ments. Mediation stresses negotiation and the earliest possible conclusion to the dispute. Further, the mediator is free to consider the relation- ships between the parties as well as the public interest in the dispute, separate from concentrating upon the legal issues. Through mediation, solutions to disputes can oftentimes be achieved at considerably less than the cost to litigate. Please review the attached proposed Informal Interjurisdictional Mediation Process and provide any comments you may have to Council by December 28, 1985. If you have any questions, please do not hesitate to call. Chairman Lyons noted that no action was needed by the Board on this matter; he just wanted to bring it to the Board's attention. PROGRESS REPORT ON MINIMUM -SECURITY JAIL FACILITY Chairman Lyons reported that the plans for a minimum security facility are being work on very actively and it looks as if they will be completed very shortly. Commissioner Scurlock asked if we had to go to competitive bidding for construction again, and Chairman Lyons hoped to negotiate a competitive and reasonable price from the present contractor but only after the architect determines what the cost per square foot should run. Attorney Vitunac confirmed that we do have the ability to negotiate with the present contractor and not go to competitive bidding. Administrator Wright explained that the architect will check against other comparable jobs to see if we have received a competitive price. Commissioner Scurlock believed this was an opportune time to get good, competitive construction prices. Administrator Wright recommended that the Board authorize a negotiating team of one Commissioner, staff, and the architect, to talk with RS&H and come back to the Board with a price. The Commissioners indicated they would do that after they saw the plans. 79 ��oK 62 PA.401 r -DEC 111985 PROGRESS REPORT ON MAXIMUM SECURITY JAIL FACILITY BOOK 64 FA6101-0 90 Chairman Lyons reported that he met with the architect at the jail site and it looks like they are on schedule. There are some hardware problems. He suggested reviewing the Board's instructions with Administrator Wright re change orders, as he would like to keep a running score of what is going on. He would then come back with a recommendation on how we might want to handle these changes. DISCUSSION OF PROPOSED ORDINANCE PROHIBITING PERSONS WITH FIVE OR MORE OUTSTANDING PARKING VIOLATIONS FROM OBTAINING AN AUTOMOBILE LICENSE OR VALIDATION STICKER The Board reviewed the following letter dated 11/25185: City of Vero Beach P. 0. BOX 1389 - 1033 - 201h PLACE VERO BEACH, FLORIDA - 32960 Telephone 367-5131 OFFICE OF THE MAYOR November 25, 1985 - Mr. Pat Lyons, Chairman Indian River County Commission 1840 25th Street Vero Beach, Florida 32.960 Dear Pat: At the regular City Council meeting on November 19, 1985, the City Council unanimously passed Resolution 85-68. The subject resolution requests the Board of County Commissioners for Indian River County, to at the earliest possible date, pass an ordinance implementing the procedures and sanctions contained in Chapter 85-325 of the Florida Statutes. This statute provides that persons with five or more outstanding parking violations cannot be issued an automobile license or validation sticker. Your timely consideration of this matter will be appreciated. Sincerely yours, ��00 Terry off Mayor 80 Administrator Wright explained that this is just for unpaid parking violation tickets and would be connected to the registration of the automobile, not the individual. Commissioner Wodtke asked if there was some recourse to take these people to court, and Attorney Vitunac explained that there are thousands in violation, and there is not enough time to take every case to court. The City of Vero Beach cannot pass the ordinance, the County must do it. Administrator Wright explained that while he did not know the full mechanics, it was tied into registrations in Tallahassee. Attorney Vitunac explained that we are being asked to do this so that the City will have an enforceable tool. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously instructed the County Administrator to speak to the Tax Collector and Clerk of the Circuit Court about this matter and bring it back to the Board. REPORT ON SAVE OUR COASTS Commissioner Bird reported that he and Assistant County Attorney Bruce Barkett are planning to go to Tallahassee Friday to try and get the State to purchase the Hyland -Chapman property which is contiguous to County -owned beach property. It may be that the appraised value is somewhat short of the property owner's bottom line, and Commissioner Bird wished to explore with the State the idea of the County making up the difference and then bring it back to the Board for approval. Commissioner Wodtke felt they should talk about anything that would help, and Commissioner Scurlock agreed that the County is going to need additional park space. 81 i3"K 62 f Jpl GOLF COURSE FUND DONATION Commissioner Bird announced that through the Bowes Foundation in Chicago, Illinois, Bent Pine residents Dave and Sally Holmes have donated $10,000 to help with the purchase of equipment for Sandridge Golf Club, the County golf course planned for Kiwanis-Hobart Park. While the Holmes belong to private clubs, they realize the need for a public course in the county. Emphasizing that the contributions are tax deductible, he hoped this would be the first of many contributions to the fund which hopefully will reach the goal of $200,000. Commissioner Bird suggested that a letter of thanks be sent to the Bowes Foundation. HOMESTEAD EXEMPTION NOTICE Commissioner Bowman was concerned that the time is coming up fast for residents to file for Homestead Exemption and she has not read any notices in the newspaper informing the people that the deadline to prove residency is January 1st, 1986, and the deadline to file for Homestead Exemption is March Ist, 1986. She wished for people to receive a brochure on these requirements when they come into the Planning Department for a Certificate of Occupancy or when they record a deed or file a Declaration of Domicile. Chairman Lyons suggested that we ask the Property Appraiser to put out the brochure, and Commissioner Wodtke suggested the media help in this effort by getting the deadlines and residency requirements to the people. There being no further business, on Motion duly made, seconded and carried, the meeting adjourned at 1:15 o'clock P.M. ATTEST: lzz!; Q"� Clerk Cha I