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HomeMy WebLinkAbout1/8/1986Wednesday, January 8, 1986 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, January 8, 1986, 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, Intergovernmental Relations Director; and Barbara Bonnah, Deputy Clerk. The Chairman called the meeting to order. Dr. John Few, Pastor of Christ Methodist by the Sea, gave the invocation, and Chairman Lyons led the Pledge of Allegiance to the Flag. ELECTION OF CHAIRMAN AND VICE CHAIRMAN Attorney Vitunac announced that today is the annual organizational meeting of the Board and reviewed the procedures to be followed in electing new Commission officers. He opened the floor to nominations for Chairman. Commissioner Lyons placed the name of Commissioner Scurlock in nomination. There being no further nominations, Attorney Vitunac declared the nominations closed. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously elected Don C. Scurlock, Jr. as Chairman of the Board of County Commissioners. BOOK 63 r,,,c 134 .JAN 8 1986 JAN 8 1986 Boos 63 Fru 135 Attorney Vitunac opened the floor to nominations for Vice Chairman. Commissioner Bowman placed the name of Commissioner Lyons in nomination. There being no further nominations, Attorney Vitunac declared the nominations closed. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Bird, the Board unanimously elected - - Patrick -B. Lyons as Vice Chairman of the Board of County Commissioners. Commissioner Lyons turned the gavel over to Chairman Scurlock and expressed his enjoyment in serving as Chairman over the past year and his appreciation of the cooperation and help he received from his fellow Commissioners. ADDITIONS TO THE AGENDA Administrator Wright requested the addition of a Certificate of Convenience and Necessity for the Advanced Life Support service working out of Indian River Memorial Hospital. Attorney Vitunac requested the addition of a settlement of a lawsuit with Seminole Shores. Commissioner Lyons requested the addition of two items to today's Consent Agenda: Item 7-1, Approval of Out -of -County Travel to attend the SACC meeting in Pensacola during February 12-14, 1986; and Item 7-J, Approval of Out -of -County Travel to Palm Bay to attend the Marine Resources Council, January 30 - February 1, 1986. Commissioner Bird requested the addition of a brief report on the Save Our Coasts project. Commissioner Lyons requested the addition of the Employee of the Quarter Award. 2 Attorney Vitunac requested the addition of a report on the unfair labor practice filed against the County by the Communications Workers of America. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously added the above items to today's Agenda. EMPLOYEE OF THE QUARTER AWARD The Board reviewed the following memo dated 1/6/85: TO: Board of County Commissioners Attn: Alice White ®ATE: January 6, 1985 FILE: SUBJECT: Jimmie Mosely, Jr. Employee of the Quarter FROM:. Shirley Hamblin REFERENCES: Chairman, Employee of the Quarter Committee Please be advised that Jimmie Mosely, Jr. of the Building and Grounds Department has been named "Employee of the Quarter" for the quarter ending December, 1985. Jimmie was hired July 8, 1983 as a custodian and has consistently been a conscientious, dedicated employee to the County. Could you please add this item to the County Commission Agenda for Wednesday, January 8, 1986, so that this employee can gain the recognition he deserves? Thank you. Chairman Scurlock presented this quarter's award to Jimmie Mosely, Jr., custodian in the Administration Building along with a check in the amount of $50 and congratulated Mr. Mosely on his good work. APPROVAL OF MINUTES The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of 11/27/85. There were none. 3 JAN 8 1986 BOOK 63 FAcE 1:36 BOOK 63 ma 1,1 ON MOTION by Commissioner Bowman,,SECONDED by Commissioner Lyons, the Board unanimously approved the Minutes of the Regular Meeting of 11/27/85, as written. The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of 12/4/85. There were none. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Lyons, the Board unanimously approved the Minutes of the Regular Meeting of 12/4/85, as - written. CONSENT AGENDA Commissioner Bowman requested Item E - DER/Army Corps/DNR Permit Applications - be removed from today's Consent Agenda for discussion, and Chairman Scurlock requested Item C - Approval of Holiday Schedule, 1986 - be removed also. A. Reports Received and placed on file in the Office of the Clerk to the Board: Traffic Violation Bureau, Special Trust Fund November, 1985 - $44,426.45 Traffic Violations by Name, November, 1985 B. Cost_ Adjustment for Advertising in Applying For Nine Tax Deeds The Board reviewed the following memo dated 12/16/85: 4 � � r TO: Board ot County Commissioners DATE: December 16, 1985 FILE: FROM: Liz Forlani Administrative Aide SUBJECT: Cost adjustment in applying for Nine Tax Deeds REFERENCES: The Board of County Commissioner's on December 4, 1985 approved the County applying for nine Tax Deeds. The Clerk's advertising costs need to be adjusted from $73.10 per parcel to $76.40 per parcel. This adjustment is necessary because of an increase in rates by the Vero Beach -Press Journal. RECOMMENDATION: To approve the increase in the Clerk's fees and advertising costs to $76.40 per parcel for nine parcels. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously approved the adjusted advertising costs as set out in the above memo. C. Proposed Holiday Schedule, 1986 The Board reviewed the following memo dated 12/11/85: TO: The Honorable Members -of DATE: December 11, -1985 FILE: the Board of County Commissioners SUBJECT: Proposed Holiday Schedule, 1986 FROM: Michael Wright REFERENCES: County Administrator Below is the 1986 holiday schedule presented for approval: 5 ,SAN S Bay 63, FAn' 138 BOOK 63 PA IG E139 ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously approved the 9 -day holiday schedule as presented with the understanding that there will be discussion with the constitutional officers to see whether or not the schedule should be modified. 6 HOLIDAY DATES OFFICES CLOSED 1. Good Friday March 28th Fri., March 28th 2. Memorial Day May 26th Mon., May 26th 3. Independence Day July 4th Fri., July 4th 4. Labor Day Sept. 1st Mon., Sept. 1st 5. Veterans Day Nov. 11th Tues., Nov. 11th 6. Thanksgiving Day Nov. 27th Thurs., Nov. 27th 7. Fri. after Thanksgiving Nov. 28th Fri., Nov. 28th 8. Christmas Day Dec. 25th Thurs., Dec. 25th 9. New Years Day Jan. 1, 1987 Thurs., Jan. 1st Chairman Scurlock noted that there was some concern at Christmas about the inconsistencies in holiday scheduling between the constitutional officers' departments and the County adminis- tration departments. Commissioner Wodtke recommended that the Board approve the 9 -day schedule as presented and then consider making a change at a later date after coordinating the matter with the constitutional officers. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously approved the 9 -day holiday schedule as presented with the understanding that there will be discussion with the constitutional officers to see whether or not the schedule should be modified. 6 D. Retroactive Approval for Admission_ of James Brothers to A. G;-- Holley :Holley State Hospital ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously gave retroactive approval for admission of James Brothers to A. G. Holley State Hospital. 7 JAN 8 1986 Baas 63 PAGE 140 APPROVAL OF PrTTTTON FOR ADMTSSTON TO A. C. HOLLEY STATE UOSPITAL STATE OF FLORTDA Indian River COUNTY OF Patient or County must arrange and pay transpor- LaLion to anti Drum hospital Brothers, James In the matter of the application of Last First Middle for admission to the A. ti'. -Holley State Hospital. To the SuperIntentlent of saLd liohpttal: _. Upon filing of the Petition of the above named person and the presentation of the Silverman Gary R. Vero Beach report of Doctor , Florida, Last FLrst Middle City or, Town examining physiclan, that the said applicant is afflicted with tuberculosis: The Board of County Commissioners does hereby grant approval to the application of said app IIcant for admissLon to the above stated Florida 'Tuberculosis IlospItal, and baid Beard docs hereby arrue to pay to the Hospital. month Ly $1.25 per titem for the cart: and inatntenance of snit! appl [cant and the lluspital will credit this County with I-irsL $1..25 collected for each day from any source under the Fee Collection Program, Chapter 402.33, Florida Statutes. The Board of County Commissioners agrees to accept responsibility for any nun -resident patient, when he is ready for discharge, if the said Board had approved the non-restdtent patiuiq's adiiikslun Lo Lhe SLate Tuberculosis Hospital. The fol.lowLng actl.on has been initiated by the County: Ind&an River (1) IMS Dorm 280 completed and forwarded to the llospital (2) IMS Form 280 provLded to client with appropriate instructions for completion and suhml s:i Lon to Lhe llospital. (3) Other - I'lease explain: (SEAQ Approved by the Board of County Commissioners ATTI.ST a of Indian River County, Florida, Q. 1rk :1 A'I' 1�_� 8j; Dat mber 23, 1985 ly I ICK B. LYONS Petition approved by; County Ilcal.tli 01. f Lour 8 E. DER/Army_Corps/DNR Permit Applications -Frederick Alders The Board reviewed the following memo dated 12/17/85: TO: The Honorable Members of the Board of County Commissioners DATE: December 17, 1985 FILE: DIVISION HEAD CONCURRENCE: SUBJECT: D.E. R. , ARMY CORPS AND Robert M. Kea g, AID.N.R. PERMIT APPLICATIONS Planning & Developmen Director THROUGH: Art Challacombe Chief, Environmental Planning FROM: REFERENCES: Roland M. DeBlois Roland Staff Planner R!Ai> BETTY2 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of January 8, 1986. DEPARTMENT OF ENVIRONMENTAL REGULATION APPLICATION FILE NO. 35-113124-4 APPLICANT: Mr. Frederick Alders 10845 Snapper Creek Road Miami, Florida 33156 WATERWAY & LOCATION: The project is located in the Indian River in John's Island Sound, adjacent to Lot 33, Replat of John's Island Plat Nos. 25 and 26, Section 12, Township 32 South, Range 39 East, Indian River County, Florida. The upland property associated with the project is located at 590 Coconut Palm Road, John's Island, in the Town of Indian River Shores. WORK & PURPOSE: The applicant proposes to construct a private L-shaped dock at which to moor his pleasure boat. The proposed work involves the construction of a single pier extending.70 feet waterward, 6.5 feet in width. The terminal platform is proposed to have a length of 30 feet and a width of 10 feet. No sewage pump -out or fueling facilities are proposed. 'No dredging or filling will be performed. ALTERNATIVES & ANALYSIS: The Planning and Development Division reviews and submits comments on dredge and fill applications to the permitting agencies based upon the following: - The Conservation & Coastal Zoning Management Element of the Indian River Comprehensive Plan - Coastal Zone Management, Interim Goals, Objectives & Policies for the Treasure Coast Region - The Hutchinson Island Planning & Management Plan - The Indian River County Code of Laws and Ordinances 9 BOOK W mr 142 BOOK 63 PAGE x.43 Due to the proposed project's location in the Town of Indian River Shores and therefore not in the unincorporated portion of the County, the focus of staff review is on potential County and regional impacts rather than site-specific impacts. Subsequently, an in-depth field inspection of the project site was not conducted. Chapter 16Q-20 of the Florida Administrative Code sets parameters for private residential single docks located in the Indian River Aquatic Preserve. Section 16Q -20.04(5)(b), Florida Administrative Code, sets forth specific design standards and criteria for private single docks, among which are the following: - Any main access dock shall be limited to a maximum width of four ( 4 ) feet; and - - - terminal platform size shall be no more than 160 square feet. Staff has not determined if the proposed dock location is in the Aquatic Preserve or if it is to be located on privately owned bottomlands. If the project is located in the Preserve, proposed dimensions exceed the above cited design standards and criteria. Private single docks already exist at the adjacent properties to the north and south of the proposed project; no dredging or filling is proposed. In that respect, the project will result in minimal additional impact to an area where private single docks have been previously permitted. Although the extent of any impacts are not fully known at this time, there may be cumulative impacts of this and other dockage projects proposed to be constructed along the Indian River upon the Florida Manatee. RECOMMENDATION: It is recommended that the Board of County Commissioners authorize staff to forward the following comments regarding this project to the Florida Department of Environmental Regulation: 1) Indian River County has no objection to the proposed project; 2) The Department of Environmental Regulation and other appropriate agencies should coordinate with the D.N.R. to determine if the proposed project is located in the Indian River Aquatic Preserve and therefore subject to requirements of Chapter 16Q-20, Florida Administrative Code; 3) The Department of Environmental Regulation and other appro- priate agencies should consider the potential cumulative impacts of dockage projects upon the Florida Manatee. 10 r Commissioner Bowman noticed that one of the staff's recommendations is to forward a comment saying that Indian River County has no objection to the development. She has seen this time and time again in these applications and she is not sure that it actually fits our feeling, particularly in this case. While this does not concern land in the county, it seemed to her that when we make that statement, it appears to be a blanket endorsement. MOTION WAS MADE by Commissioner Bowman, SECONDED by Commissioner Lyons, that the Board forward the following comment: "Inasmuch as the location of the proposed project is in the Town of Indian River Shores and County staff has not focused on the site's specific impact, it is our policy to recommend that the DER/DNR be consulted and that it is our policy to follow their recommendations." Under discussion, Chairman Scurlock asked if that would raise a red flag in this case that normally wouldn't be raised, but Art Challacombe, Chief of Environmental Planning, didn't feel it would. He felt that while we did not have any specific concerns in this particular case, it was not a blanket endorsement. Commissioner Lyons did not feel that we could opt out, because we have a concern over everything that is done in this river no matter where a project is located. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. F. IRC Bid #272_- (2) New Heavy-Duty_Hydraulic Flail Brush Cutters The Board reviewed the following memo dated .12/30/85: 11 Bou 63 WE 144 BOOK 63 . FADE 145, TO: Board of County Commissioners DATE: December 30, 1985 FILE: THRU: Michael Wright SUBJECT: IRC BID #272- Two (2) New Heavy County Administrator Duty Hydraulic Flail Brush Cutters 1%. 2 FROM: �Ltc D -'n �>U REFERENCES: Carolyn G drich, Manager Purchasin Department 1. Description and Conditions Bids were received Tuesday, December 17, 1985 at 11:00 A.M. for IRC #272 - Two (2) New Heavy Duty Hydraulic Flail Brush Cutters for the Road & Bridge Department. 14 Bid Proposals were sent out. Of the 7 Bid Proposals received, 4 were "No Bids." 2. Alternatives and Analysis All bidders bid the Terrain King Boom Axe. The low bid was submitted by Berggren Equipment Company, Ft. Pierce, F1., in the amount of $13,750.00 each or $27,500.00 for two. The bid meets all specifications. 3. Recommendation and Funding It is recommended that IRC #272 be awarded to the low bidder, Berggren Equipment Company, Ft. Pierce, F1., in the amount of $27,500.00 for two (2) Terrain King Boom Axe flail cutters. Funds are budgeted in Account #111-214-541-66.43. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously awarded IRC Bid #272 to the low bidder, Berggren Equipment Company, Ft. Pierce, in the amount of $27,500 for (2) Terrain King Boom Axe flail cutters. 12 BOARD OF COUNTY COMMISSIONERS `tr 1640 25th Street Vero Beach. Florida 32960 J �� 10 �l ��C im v Cy - BID TABULATION °° tri'� Cm i �` a im QP b, c,� b,. BIO NO. DATE OF OPENING co� o m c of^� �+ LQ' v;i ~ o �Q IRC BID #272 Dec. 17 1985 nQ o , °� & BID TITLETwo (2) Mew Heavy Duty 4 >°i tiro Z c°`� �.,��+�+ moi o��o .__Hydraulic=FlaiLSrushuttPrs ITEM NO DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT 1. Two (2) New Heavy Duty Hydraulic Terr in Terr in Terr in Flail Brush Cutters King King King 2 Each NR NR I NB NB 14888 00 13750 00 14995 00 i Each Each Each 2. Days required for delivery after receipt of Purchase Order 45 D ys 60 ays 30 di ys HPlus 560.0 s eed ncr se G. Budget Amendment - Public Defender's_ Office The Board reviewed the following memo dated 12/21/85: ro: Hon. Board of County CommissionepATE: December 31, 1985 FILE: FROM: Joseph A. Baird OMB Director SUBJECT: Budget Amendment to Add Three Additional Attorneys to the Public Defender's Office a REFERENCES: Account Name Account Number Increase Decrease Legal Services 001-904-516-33.11 $41,400 Reserve for Contingency 001-199-581-99.91 $41,400 Explanation: On November 6, 1985, the Honorable Board of County Commissioners authorized Elton H. Schwarz, Public Defender, to hire three attorneys for six months to cover the caseload in,Tndian River County. The following attorneys have been hired: 13 JAN 8 1986 BOOK 63 pnE 146 JAN 8.1966 Boos 63 Fn' 147 Katharine R. Hammond Jason Hedman David G. Wotten $2,375.00 per month 2,375.00 2,150.00 " $6,900.00 Total per month x6 Months $41,400.00 Total for 6 months The $41,400.00 will be paid out of General Fund Contingencies which has a balance of $317,744.00. The Contingency Fund had a balance of $375,000.00 at the beginning of the fiscal year. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously approved the -above budget amendment, as recommended by - - OMB Director Baird. H. Right -of -Way Acquisition, Lindsey Road - High Ridge Mobile Home Park - Wellford Hardee The Board reviewed the following memo dated 12/24/85: TO: The Honorable Members of the DATE: December 24, 1985 FILE: Board of County Commissioners THROUGH: Michael Wright County Administrator SUBJECT' Wellford Hardee, High Ridge • Mobile Ham Park, Right -of - Public Works Directorv�li James W. Davis, P.E. /////�����rrrrr Way Acquisition, Lindsey Rd. FROM: Donald G. Finne D�- REFERENCES: Right -of -Way Agent DESCRIPTION AND COmMIONS: Mr. Wellford Hardee has agreed through his attorney, Joe Collins, to sell the requested 30' right-of-way to the County for $10,500 which is the market value determined by the Armfield-Wagner appraisal report. Mr. Collins indicated that we can close this property transfer in January 1986. RECOMMMATION AND FUNDING: Staff recommends that the Board approve the purchase at the appraised value of $10,500 plus $1,000 legal fees incurred by Mr. Hardee as outlined in the attached letter. The only other alternative would be condemnation and staff feels the costs incurred would be more than the total price of $11,500 to purchase. Funding frau Lindsey Road project account #105-214-541-66.12. 14 ® � r ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously approved the purchase of 30 ft. of right-of-way on Lindsey Road from Wellford Hardee at the appraised market value of $10,500, and the payment of $1000 in legal fees incurred by Mr. Hardee, as recommended in the above memo. 1. Approval of Out -of -County Travel _ SACC Conference__ ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously approved out -of -county travel for Commissioners and appropriate staff to attend the SACC Conference in Pensacola, Florida, January 12-14, 1986. J. Approval of Out -of -County Travel - Marine Resource Council - Palm Bay ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously approved out -of -county travel for Commissioners and appropriate staff to attend the Marine Resources Council in Palm Bay, Florida, January 30 -February 2, 1986. APPROVAL OF VIDEO SYSTEM FOR COURTS The Board reviewed the following memo dated 12/31/85: 15 BOOK 63 PAGE 148 L- JAN 8 196 BOCK 63 FACE 149 TO: The Honorable Members of DATE: December 31, 1985 FILE: the Board of County Commissioners THRU: Michael Wright County Administrator H. T. °Sonny can Director FROM: General Services SUBJECT: Video System for Courts REFERENCES: Since July of 1985, all the Judges in Indian River County have been pursuing the idea of a closed circuit video system that will allow First Appearances and other Court proceedings to be held without physically transporting a prisoner from the Detention Center to the Courthouse or the Judge going to the jail. This type system is used in other Counties and is very successful. The staff has actually visited Martin County and witnessed the operation. The basic equipment will be a camera, video screen, and sound from a designated area in the jail to Court Room C. There will also be a recorder that will allow the entire session to be taped for future reference if desired. The basic operation will be that a prisoner can stand in the designated area at the jail and appear on a video screen in the Court Room while the Judge is sitting at the bench and will appear on a video screen in the jail. All sound transmissions will be received in both locations. With the arrangement of equipment at both locations, a trial could be conducted in Court Room C. It is staff's feelings that this system would be a benefit to the County by savings in security and transportation personnel alone. Based on the above, it is staff's recommendation that specifications be sent out and bids accepted for the system. Funding for this project will come from the Court Improvement Fund. 16 TO: Hon. Board of County CommissioneGATE: December 31, 1985 FILE: THRU: Sonny Dean SUBJECT: Budget Amendment General Servic -rector for Closed Circuit Video System FROM: JosPht . Baird REFERENCES: OMBrector Account Name Office Equipment Reserve for Contingency Account Number 106-901-516-66.41 106-901-581-99.91 Increase Decrease $32,000 $32,000 Explanation: The above transfer is necessary for the installation of a closed circuit video system in the courtroom. FUND 106 COURT FACILITIES FUND (Fees Received from Fines) Cash Balance - 11/30/85 $ 72,072.50 Contingency Balance - 11/30/85 107,335.00 Administrator Wright recommended approval and advised that money is -available from the Court Improvement Fund. Commissioner Bird was concerned that if defendants did not have the opportunity to come face to face with a judge, their defense attorneys might use this as an excuse..to get a case thrown out. Administrator Wright believed this system would make it even harder for attorneys to get a dismissal. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Wodtke, that the Board approve the above budget amendment and authorize specifications to be sent out and bids accepted for the system, as recommended by General Services Director Dean. 17 BOOK 63 pact 150 JAN 8.1996 BOCK 63 WAR Under discussion, Administrator Wright explained that the system will operate on a microwave which will have to be bent around the airport so that it does not interfere with airport electronic equipment. He noted that staff is also considering using a microwave for the County radio system. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. - - REQUEST FOR COUNTY TO MAINTAIN 15TH LANE SW AND 16TH ST: SW DIXIE HEIGHTS SUBDIVISION The Board reviewed the following memo dated 12/31/85: TO: The Honorable Members of the DATE: December 27, 1985 FILE: Board of County Commissioners THROUGH: Michael Wright, County Administrator 1 Nit FROM:James W. Davis, P.E., Public Works Director DESCRIPTION AMID CONDITION SUBJECT: Request for County to Maintain 15th Lane SW and 16th St. SW - Dixie Heights Subdivision REFERENCES: R.E. Thurwanger, Builder, Michael Wright dated Dec. 19, 1985 Mr. Richard E. Thurwanger, Builder, is requesting that the County maintain (grade) 15th Lane S.W. and 16th St. S.W. west of 2nd Rd SW. There are approximately 6J miles of unpaved roads in Dixie Heights Subdivision, and the sand ridge area causes runoff erosion due to the vertical relief in the area. Many builders are active in this area. ALTERNATIVES AMID ANALYSIS The Engineering Department staff has evaluated this request using the numerical evaluation criteria as per standard policy. Due to the poor condition of the road and drainage facilities, the undeveloped nature of the road, and low functional classification of the roadway, the evaluation score of 65 is below the minimum score of 100 points for staff to recom- mend approval. RECOMMENDATION AND FUNDING It is recommended that the maintenance request be denied. Due to the heavy building activity in this area, the County should consider an assessment program to pave all streets in the subdivision. The estimated project cost would be approximately $625,000. 18 Administrator Wright explained that the County is recommending that maintenance not be assumed for these two roads. Further, there is a recommendation to pave the roads in that area and the Public Works Director has estimated that cost to be approximately $625,000. Chairman Scurlock noted that FelFsmere is moving ahead with paving their entire city and they are considering a special assessment. They are biting the bullet and we may have to take a strong stand on situations here. Commissioner Lyons agreed that we should initiate petition paving if it turns out to be the best way to go. Chairman Scurlock noted another approach would be a special assessment bond on a larger area and bond it for a number of years. Administrator Wright advised that if we went with petition paving, it would be 18 months before we could get started. Chairman Scurlock believed there was going to be a dramatic change in the scope of work that the Public Works Department is involved in. Administrator Wright reported that there are 25 projects scheduled for the next 18 month period and they have taken two crews off just to work on the Lindsey Road project. Chairman Scurlock stressed to Administrator Wright that what he was hearing is that the Commission is interested in him being more aggressive in handling these situations. Commissioner Wodtke felt we should look at areas that are at least 60-80o developed and see if there is interest to participate and do the easy ones first. We should also find out if it would justify another crew or two, because we have proved that we can do it much cheaper than contracting it out. Commissioner Bird asked how we would go about it in Dixie Heights. Administrator Wright believed that we should contact the residents first to see if they are interested, and he would be glad to do that. 19 BOOK 63 PnE 152 17JAN + r I 8Oox 63 FA�t 153 S ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously denied the request for maintenance on the two streets in Dixie Heights and instructed staff to explore the possibility of a petition paving program in that area. PUBLIC HEARING - COMMERCIAL REALTY & DEVELOPMENT REQUEST TO REZONE 36 ACRES FROM RS -6 AND M-1 TO LIGHT INDUSTRIAL DISTRICT The hour of 9:15 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to wit: VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a in the % Court, was pub- DCe lished in said newspaper in the issues of" /71 S9 Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before me th (SEAL) L day of A.D. (Clerk of the Circuit Court, Indian River County, Florida) 20 NOTICE —PUBLIC HEARING Notice of hearing to consider the adoption of k County ordinance rezoning land from: RS -6, Tingle -Family Residential District, and M-1, R Wicted Industrial District, to IL, Light Industrial Nstrict. The subject property is owned by Com nercial Realty and Development Co. and is I sated on the north side of South Winter Beac load, west of the Florida East Coast Railroad. The subject pproperty Is described as: - THAT. PAR OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUAR- TER OF SECTION 10, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, LYING WEST OF THE WEST RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILROAD; LESS AND EXCEPTING THE SOUTH 35 FEET THEREOF FOR ROAD RIGHT-OF-WAY PURPOSES. CONTAIN- 3 ING 36.11 ACRES MORE OR LESS. A public hearing at•which parties in interest and citizens shall have an opportunity to be heard, will be held by the Board of County Coro4 missioners of Indian River County, Florida, in the County. Commission Chambers of the County Administration Building, located at 1840 25th Street, Vero Beach, Florida on Wednesday; January 8, 1986, at 9:15 A.M. Anyone who may wish to appeal any, decision which may be made. at this meeting will need to ensure that a verbatim record of the proceedings Is made, which includes testimony and evidence upon which the appeal Is based. ;`- Indian River County '- Board of County Commissioners 7.0;1 By: -s -Patrick B. Lyons, Chairman A Dec., 17,30; 1985 tit i Staff Planner Jeffrey Goulet presented 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: L SUBJECT: Robert M. Keatir4g, P Planning & Developm nt Director v77L THROUGH: Richard Shearer, AICP Chief, Long -Range Planning COMMERCIAL REALTY & DEVEL- OPMENT REQUEST TO REZONE 36 ACRES FROM RS -6, SINGLE- FAMILY RESIDENTIAL AND M-1, RESTRICTED INDUSTRIAL DIS- TRICT TO IL, LIGHT INDUST- RIAL DISTRICT FROM: REFERENCES: Jeffrey A. Goulet Comm. Realty Memo Staff ann r_ Tong-Rancie Planning TFFF2 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of January 8, 1986. DESCRIPTION & CONDITIONS Commercial Realty and Development Company is requesting to rezone 36.11 acres located on the north side of South Winter Beach Road and west of the Florida East Coast Railroad, from RS -6, Sin- gle -Family Residential District, and M-1, Restricted Industrial District, to IL, Light Industrial District. The applicant intends to develop an Industrial Park on this property. On November 21, 1985, the Planning and Zoning Commission voted 4 -to -0 to -recommend approval this request. ALTERNATIVES & ANALYSIS In this section, an analysis of the reasonableness of the appli- cation will be presented. The analysis will include a description of the current and future land uses of the site and surrounding areas, potential impacts on the transportation and utility sys- tems, and any significant adverse impacts on environmental quali- ty. Existinq Land Use Pattern The subject property is currently vacant. There are existing industrial uses located to the south of the property. These uses include Vero Mill Work Inc., American Lifestyle Mfg., and Airlite Processing Corp. of Florida. The property to the north is vacant. The property to the west is primarily vacant, except for several residences located on South Winter Beach Road and a junkyard located approximately 100 feet west of the subject property. On the east side of the F.E.C. Railroad and Old Dixie Highway, there are several residences, several heavy commercial uses, and a church. The heavy commercial uses located east of the subject property include a kennel, a storage building, a storage yard, and a tire store. 21 JAN 8 1966 Boa 63 P,�ce 1 L: _ ©_4 Future Land Use Pattern BOOK 63 PAGE 155 The Comprehensive Plan designates the subject property as part of the U.S. #1 Mixed Use Corridor (up to 6 units/acre) and part of the South Winter Beach Road Industrial Node. The property located east of the subject property is designated as part of the U.S. #A Mixed Use Corridor (up to 6 units/acre). The property located to the west of the subject property is designated as LD -2, Low -Density Residential 2 (up to 6 units/acre). The South Winter Beach Road Industrial Node extends south from the subject property for a distance of one-half mile. The MXD, Mixed -Use District, of which the subject property is a part, is adjacent to the east side of the industrial node and runs for a depth of 300 feet west of the F.E.C. Railroad right-of-way. The proposed rezoning is in conformance with the MXD and Indus- trial node land use designations and is consistent with the Winter. - - Beach Small Area Plan. Transportation Svstem The subject property has primary access to South Winter Beach Road (classified as a Secondary Collector on the Thoroughfare Plan). Both U.S. #1 (classified as an Arterial) and Old Dixie Highway (classified as a Secondary Collector) could also be impacted due to development of this site into an industrial park. The maximum development that could occur with the proposed IL zoning would generate 1,892 average annual daily trips. This extra traffic which would be produced would not lower the current lev- el -of -service "A" which exists on South Winter Beach Road, U.S. #1, and Old Dixie Highway. Environment The subject property is not designated as environmentally sensi- tive nor is it in a flood -prone area. The subject property is, however, located on the sand ridge, a primary aquifer recharge area. Utilities The subject property is not presently served by County water or sewer facilities. RECOMMENDATION Based on the above analysis, including the Planning and Zoning Commission's recommendation, staff recommends that the Board of County Commissioners approve this rezoning request. Commissioner Bowman wished to know just what Light Industrial entails because she was concerned about hazardous waste on the sand ridge. Richard Shearer, Chief of Long -Range Planning, explained that the Light Industrial district allows some commercial uses including warehouses, storage and light manufacturing and assembly type operations. Probably the most intensive use would be something along the line of the construction of wood trusses. 22 Staff feels that with the new technologies developed, Light Industrial would be preferable over the General Industrial District which allows the full range of heavy uses. Planning & Development Director Robert Keating advised that staff is preparing a sand ridge protection ordinance and is working very closely with the St. Johns River Water Management District to see specifically what effect development on the sand ridge will have on the shallow aquifer. Hopefully, everything will come through the site plan process and we will have even greater protection over these matters. Chairman Scurlock opened the Public Hearing and asked if anyone wished to be heard in this matter. There were none. ON MOTION by Commissioner Bird, SECONDED by Commissioner Bowman, the Board unanimously closed the Public Hearing. ON MOTION by Commissioner Bird, SECONDED by Commissioner Lyons, the Board unanimously adopted Ordinance 86-1, approving Commercial Realty 8 Development's request to rezone 36 acres from RS -6, Single -Family Residential, and M-1, Restricted Industrial District, to IL, Light Industrial District. 23 JAN 8 1986 Boa 63 PAGE 156 J A 1986 BOOK 63' f�1UE 15 ORDINANCE NO. 86-1 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR THE PROPERTY DESCRIBED HEREIN, AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, The Planning and Zoning Commission, sitting as the local planning agency on such matters, has held a public hearing and subsequently made a recommendation regarding this rezoning request; and WHEREAS, The Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property; and WHEREAS, The Board of County Commissioners has determined that this rezoning is in conformance with the Land Use Element of the Comprehensive Plan of Indian River County; and WHEREAS, The Board of County Commissioners has held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the Zoning of the following described property situated in Indian River County, Florida, to -wit: THAT PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF -SECTION 10, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, LYING WEST OF THE WEST RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILROAD; LESS AND EXCEPTING THE SOUTH 35 FEET THEREOF FOR ROAD RIGHT-OF-WAY PURPOSES. CONTAINING 36.11 ACRES MORE OR LESS. Be changed from RS -6, Single -Family Residential District, and M-1, Restricted Industrial District, to IL, Light Industrial District. All with the meaning and intent and as set forth and described in said Zoning Regulations. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this 8th day of January 1986. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By �a►, C . Don C. Scurlock, J�rh. man PUBLIC HEARING - FESSEL REQUEST TO REZONE 1.1 ACRES FROM COMMERCIAL DISTRICT TO RM -10, MULTIPLE -FAMILY RESIDENTIAL raIL't r:7rM i The hour of 9:15 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to wit: VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach �iin Indian River County, Florida; that the attached copy of advertisement, being a // �f r in the matter of - LG2t In the --7 ar. Court, was pub- lished in said newspaper in the Issues of Lee- / / Ao 1, Z2 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, fine or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspapee Sworn to and subscribed before me this day of - A.D.Xh o *anagp / (Clark of the Circuit Court, Indian River County, F rda) (SEAU NOTICE —PUBLIC HEARING - Nohce of hearing to ca+sidm the adoptlart lot a Courtly ordinance rezoning land from: mil, Comrtrereial oiatribt ro RM•1o, MultiplaFem9y Residential Dtabict. The eubiect property b pro eeMly owned Dy Frank !% Coneena Lipplan and Paul ligglari and Is located south of 115gi Place. west of ft Avenue and east at U.B. mq way 01. T augeot �operty b descnbed as LOTS 1-1, INCLUSIVE. BLOCK B. LOTS I AND 2, BLOCK C. LOTS 1.3. INCLU- SIVE. BLOCK D. SUNSHINE DUALITY HOMES SUBDIVISION, UNIT NO. 2, AC- CORDING TO THE PLAT THEREOF. RE- CORDED IN PLAT BOOK S, PAGE 83, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. A p 1c hearing at which parties In and dtizerr shah have an opporiunsy to be heard will be held by the Board of County Com. missioners of Indian River County, Flonda, in the County Commission Chambers of the Courcy Administration Building, located at 1810 25M Street, Vero Beach, on wetlnudry, January S. 1965. at 9-.,,= Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure Mat a verbatim record of the proceedings is made, which Includes testimony and evidence 11p011 whndloMRimp County d. Board of County Commissioner Dec.By:-a-Pa"S. Lyons, ChaWman 17.30. 1985 _ .. Richard Shearer, Chief of Long -Range Planning, presented 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: L SUBJECT: FESSEL REQUEST TO REZONE Robert M. Keati g,1.1 ACRES FROM C-1,COMM- Planning & Development Director ERCIAL DISTRICT TO RM -10 MULTIPLE -FAMILY RESIDEN- TIAL DISTRICT 1�5 THROUGH: Richard Shearer, AICP FROahief, Long -Range Planning REFERENCES: G M Robert G. Melsom FESSEL AGENDA MEMO Staff Planner, Long -Range Planning ROB2 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of January 8, 1986. 25 Boor 63 Fmcr158 F"_ JRN 8 1986' soor 63 PAcE 159 DESCRIPTION & CONDITIONS Ed Fessel, an agent for Frank Liggieri, the owner, is requesting to rezone 1.1 acres located west of 6th Avenue, east of U.S. Highway #1, South of 15th Place, and North of 14th Street from - C -1, Commercial District, to RM -10, Multiple -Family Residential District (up to 10 units/acre). The owner intends to develop the property for rental apartments. On November 21, 1985, the Planning and Zoning Commission voted 4 -to -0 to recommend approval of this request. ALTERNATIVES & ANALYSIS In this section, an analysis of the reasonableness of the appli- cation will be presented. The analysis -will include a descrip- tion of the current and future land uses of the site and sur- rounding areas, potential impacts on the transportation and utility systems, and any significant adverse impacts on environ- mental quality. Existing Land Use Pattern Currently, the subject property is undeveloped. East of the subject property are single-family residences zoned RM -10, Multiple -Family Residential District. South of the subject property are single-family residences and the Indian River County Senior Center zoned RM -10. North of the subject property is undeveloped land zoned RM -10. West of the subject property are Rax Restaurant, the Clock Restaurant, the L.C. Donut Shop, Dependable Dodge Automobile dealership, and Steego Auto parts Store zoned C-1, Commercial District. It is the staff's position that the proposed multifamily development will provide a buffer between the commercial development to the west and the single-family residential development to the east. Future Land Use Pattern The Comprehensive Plan designates the subject property and the land north, west and south of it as part of the 600 foot deep U.S. 1 commercial corridor which extends from the Vero Beach City limits southward to the South Relief Canal. However, the County has initiated a request to amend the Comprehensive Plan which would allow property in this corridor to be considered for residential_ zoning if it abuts residential zoning to the east. The land east of the subject property is designated as MD -2, Medium -Density Residential 2 (up to 10 units/per acre). The proposed RM -10 zoning is in conformance with the MD -2 land use designation and the County initiated Comprehensive Plan amendment to provide flexible boundaries for the commercial corridor. Transportation System The subject property has secondary access to 6th Avenue (clas- sified as a secondary collector Street on the Thoroughfare Plan). The maximum development of the subject property under RM -10 zoning could attract 'up to sixty (60) average annual daily trips (AADT). The existing traffic count for this section of 6th Avenue is 11,900 vehicles per day, which is level -of -service "Dnp 26 r Environment The subject property is not designated as environmentally sensi- tive nor is it in a flood -prone area. Utilities The subject property will be served by City water, however, wastewater facilities are not available at the present time. RECOMMENDATION Based on the the above analysis, including the Planning and Zoning Commission's recommendation, staff recommends approval. Commissioner Bowman noticed that 6th Avenue is already at D level of transportation service and asked how close it is to becoming Level E. She also asked if staff has considered what the level of service will be when the area is built out. Planning & Development Director Robert Keating advised that a similar matter is going to be discussed tomorrow night at the Planning & Zoning meeting, and staff is recommending that particular site plan be approved and building commenced, with the Certificate of Occupancy contingent on 60 Avenue being widened to three lanes from 12th Street to 17th Street, or Indian River Boulevard being put in place. It is the opinion of the Public Works Department that those two alternatives would improve the level of service on 6th Avenue in that area. Chairman Scurlock asked why staff would allow construction to begin before permanent plans were in place to actually construct those improvements. Administrator Wright believed we could do that, but pointed out that in the Wal-Mart case, the County allowed construction without allowing occupancy until the Boulevard is built. The County did that feeling relatively sure that the Boulevard would be constructed; however, if the Boulevard is not built, the developer is responsible for doing something else to lessen the impact caused by his property. Chairman Scurlock did not want the County to have to litigate that matter, but Attorney Vitunac explained that the developer has the choice of being denied on the spot or taking JAN 8 196 27 9001E PAGE ID® �.I Boa 63 FADE 161 the risk. If he goes ahead and takes the risk, he did not believe he could force us to issue a permit, because otherwise we would have denied him right off. He felt the County is safe. Commissioner Wodtke hoped that we would not encourage any additional traffic or the widening of 6th Avenue, because to him, the extension of Indian River Boulevard to either 8th or 12th Street is going to be the answer to the problem. Chairman Scurlock agreed we should be cautious and not encourage people to build and occupy when we cannot back it up with road construction. Commissioner Bird asked if a bike lane was planned for 6th Avenue between 12th and 17th Streets, and Director Keating advised that the County is working on a plan for bike lanes for the entire county and he would check to see if one is planned for 6th Avenue. Chairman Scurlock opened the Public Hearing and asked if anyone wished to be heard in this matter. There were none. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously closed the Public Hearing. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously adopted Ordinance 86-2, approving the Fessel request to rezone 1.1 acres from C-1, Commercial District to RM -10, Multiple -Family Residential District. 28 ORDINANCE NO. 86-2 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR THE PROPERTY DESCRIBED HEREIN, AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, The Planning and Zoning Commission, sitting as the local planning agency on such matters, has held a public hearing and subsequently made a recommendation regarding this rezoning request; and WHEREAS, The Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property; and WHEREAS, The Board of County Commissioners has determined that this rezoning is in conformance with the Land Use Element of the Comprehensive Plan of Indian River County; and WHEREAS, The Board of County Commissioners has held a public hearing pursuant to this rezoning request, at which parties in interest and citizen were heard; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the Zoning of the following described property situated in Indian River County, Florida, to -wit: LOTS 1-4, INCLUSIVE, BLOCK B, LOTS 1 AND 2, BLOCK C, LOTS 1-3, INCLUSIVE, BLOCK D; SUNSHINE QUALITY HOMES SUBDIVISION, UNIT NO. 2, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 5, PAGE 63, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. Be changed from C-1, Commercial District to RM -10, Multiple -Family Residential District. All with the meaning and intent and as set forth and described in said Zoning Regulations. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this 8th day of January, 1986. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By _� G Don C. Scurlock, Jr Chaan JAS 1986 -BOOK 63 PAPE 162 JAN 1996 BGGK 63 PALE JIM PUBLIC HEARING - WILMOTH REQUEST TO REZONE 20.17 ACRES FROM RS 6 TO RT -6, TWO-FAMILY RESIDENTIAL DISTRICT The hour of 9:15 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to wit: VERO BEACH PRESS -JOURNAL IPublished Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr, who on catF says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper publishec at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a I III P 11I. ME-ii/�//.f!��� In the / Court, was pub- lished in said newspaper in the issues of /7 J��J, DJ � 129--'S Affiant further says that the sold 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 nett 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._2�1 Sworn to and subscribed before me this day of ber, A.D. (B a anagen) R I f (Sl:AU (Clerk of the Circuit Court, Indnan river ColiFWM o A Pill hearing at wMM 7arliea b krterasi and nitRBlne eha9 have an apporaauy to be heard. will be held by the Bcaid of County Com. missioners of Indian River County. Florida, in the County Comm"M Chambers of the County Adminlab 02 Building. locallid at 1940 25th Street Vero Beach. Florida on Wednesday. Januarys. 1999, at 9:15 A.M. Anydne wil0 R18y wish to appeal any deNelon W they .h made at this mitering unit need to ensure that a verbatim record of the Proceedings Is made. which Includes testimony and evidI upon which the appeal is based. Indian River County '•a Board of County Commemdmi s - Byy:-s-Patnek B. Lyon• Chairman .• ,...� Richard Shearer, Chief of Long -Range Planning, presented staff's reconrnnendation dated 12/18/85: TO: The Honorable Members DATE: December 18, 1985 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: SUBJECT: Robert M. Keati g, Al Planning & Deve opme t Director WILMOTH REQUEST TO REZONE 20.17 ACRES FROM RS -6, SINGLE-FAMILY RESIDENTIAL DISTRICT, TO RT -6, TWO- FAMILY RESIDENTIAL DISTRICT FROM: REFERENCES: Richard Shearer, AICP Wilmoth Request Memo Chief,_ Long -Range Planning RICH2 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of January 8, 1986. 30 DESCRIPTION & CONDITIONS Gene Wilmoth, trustee, is requesting to rezone 20.17 acres located west of Old Dixie Highway and north of 20th Lane SW from RS -6, Single -Family Residential District (up to 6 units/acre), to RT -6, Two -Family Residential District (up to 6 units/acre). The applicant intends to develop the subject property for duplex- es. On January 28, 1982, the Planning and Zoning Commission voted 4 -to -0 to deny a similar request to rezone the subject property from R-1, Single -Family District (up to 6 units/acre), to R -2D, Multiple -Family District (up to 6 units/acre). On November 21, 1985, the Planning and Zoning Commission voted 4 -to -0 to recommend approval of this request. ALTERNATIVES & ANALYSIS In this section, an analysis of the reasonableness of the appli- cation will be presented. The analysis will include a descrip- tion of the current and future land uses of the site and sur- rounding areas, potential impacts on the transportation and utility systems, and any significant adverse impacts on environ- mental quality. Existing Land Use Pattern The subject property contains paved roads but is otherwise undeveloped. North of the subject property is vacant land, a citrus grove and a single-family dwelling zoned RS -6. East of the subject property, across Old Dixie Highway, is undeveloped land zoned M-1, Restricted Industrial District. However, this property has received site plan approval for a combination retail and warehouse development. South and west of the subject proper- ty is Vero Highlands Subdivision Unit 1 which contains sin- gle-family dwellings and a wastewater treatment site zoned RS -6. Future Land Use Pattern The Comprehensive Plan designates the east 300 feet- of the subject property as part of the U.S. #1 MXD, Mixed -Use Corridor (up to 6 units/acre), and the remaining part as LD -2, Low -Density Residential 2 (up to 6 units/acre). The land north, south, and west of the subject property is designated as LD -2 (except for the land within 300 feet of Old Dixie Highway which is designated as MXD). The land east of the subject property, across Old Dixie Highway, is designated as MXD. The proposed rezoning to RT -6 is in conformance with both the LD -2 and MXD land use designations. Moreover, the proposed RT -6 zoning would provide a buffer of two-family residences between the single-family development to the south and west and the approved commercial development to the east. Since the previous rezoning request was denied for this property, conditions have changed in this area. The County granted a rezoning request to R -2D (now RM -6) less than one-quarter mile south of the subject property. In addition, the undeveloped land east of the subject property has received site plan approval for a retail and warehouse development. 31 JAN 8 1986 BOOK 63 FAGE 16 BOOK,. 63 FttiGr 165 JAN 8 1986 Transportation System The subject property has direct access to Old Dixie Highway (classified as a secondary collector street on the Thoroughfare Plan). The maximum development of the subject property under RT -6 zoning could generate up to 840 average annual daily trips.` Environment The subject property is not designated as environmentally sensi- tive nor is it in a flood -prone area. Utilities County water will be available for this property. County wastewater facilities are not available for the subject property. RECOMMENDATION Based on the above analysis, including the Planning and Zoning Commission's recommendation, staff recommends approval. Mr. Shearer explained that back in 1982, the P 6 Z Commission was concerned that the County could not limit the development to duplexes under the proposed multiple family district. Now, however, the new RT -6 District would limit development to duplexes. Chairman Scurlock opened the Public Hearing and asked if anyone wished to be heard in this matter. There were none. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously closed the Public Hearing. ON MOTION by Commissioner Bird, SECONDED by Commissioner Lyons, the Board unanimously adopted Ordinance 86-3, approving the Wilmoth request to rezone 20.17 acres from RS -6, Single -Family Residential District, to RT -6, Two -Family Residential District. 32 ORDINANCE NO. 86-3 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR THE PROPERTY DESCRIBED HEREIN, AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, The Planning and Zoning Commission, sitting as the local planning agency on such matters, has held a public hearing and subsequently made a recommendation regarding this rezoning request; and WHEREAS, The Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property; and WHEREAS, The Board of County Commissioners--has-determined that this rezoning is in conformance with the Land Use Element of the Comprehensive Plan of Indian River County; and WHEREAS, The Board of County Commissioners has held a public hearing pursuant to this rezoning request, at which parties in interest and citizen were heard; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the Zoning of the following described property situated in Indian River County, Florida, to -wit: NORTH ONE-HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, AND ALSO A WEDGE -SHAPE PARCEL OF PROPERTY ON THE WEST SIDE OF THE OLD DIXIE HIGHWAY, BEING 5 CHAINS AND 32 LINKS NORTH AND SOUTH, AND BEING IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 33 SOUTH, RANGE 40 EAST, INDIAN RIVER COUNTY, FLORIDA. Be changed from RS -6, Single -Family District, to RT -6, Two - Family Residential District. All with the meaning and intent and as set forth and described in said Zoning Regulations. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this 8th day of January, 1986. 33 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY s By ��,c G Don C. Scurlock, Jr., Ctolrman BOOK. 63 -FA G Ex 66 Boof 63 - Pnn 167 PUBLIC HEARING - ORDINANCE AMENDING CODE OF LAWS AND ORDINANCES ADOPTING STANDARD BUILDING CODES, 1985 EDITION The hour of 9:30 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to wit: VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a 100+1 -c -p— in the matter of Zvi 1dr-na C_11(e — in the Court, was pub - lisped in said newspaper in the issues of Dec l i m 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 afore a thi /6 day of 0eC em 6A•D. (Clerk of the Circuit Court, Indian River County, Florida) (SEAL) PUBLIC NOTICE z The Board of County Commissioners of Indian River County, Florida, will conduct a Public I Hearing on Wednesday, January 8, 1986 at 9:30 I a.m. In the Commission Chambers at 1840 25th Street, Vero Beach, FL 32960, to consider the adoption of an ordinance entitled: ANORDINANCE THE BOARD 01: i � ERS OF INDIAN Nv RIVER COUNTY CODE OF 5 AND ORDINANCES NO. '62-26, PITING A STANDARD BUILDING E, 1985 EDITION; ADOPTING -THE, . 1IDA MODEL ENERGY CODE FOR DING CONSTRUCTION, 1984 EDI- T. An^cmm S TNF NATIONAL ELEC- TRICAL CODE, 1984 EDITION: ivuuri ING THE STANDARD GAS CODE, 1985•. EDITION; ADOPTING THE STANDARD PLUMBING CODE, 1985 EDITION; ' CAOPTING THE STANDARD MECHANI- CALL CODE, 1985 EDITION; ADOPTING THE STANDARD HOUSING CODE, 1985 EDITION; PROVIDING FOR LEGISLA- TIVE INTENT,. INCLUSION IN THE CODE, SEVERABILITY AND EFFECTIVE DATE.: Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings .is made which includes the testimony and evi- dance upon which the appeal will be based. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS PATRICK B. LYONS, CHAIRMAN I Dec. 16, 1985 Building Director Ester Rymer explained that this is just the annual acceptance of the update of all the revisions. The last code adopted was the 1982 edition along with the 1983, 1984 and 1985 amendments, which have been incorporated into the 1985 edition. Staff would like to adopt just the new revisions and not have to refer to those revisions. However, there is a slight 34 ® s � problem with the section of the code that deals with building permit expirations. It states that a permit will expire within 6 months if work has not commenced. She preferred that statement to read: "foundation system must be installed." Attorney Wilson has advised that this will be brought back to the Board after it is advertised. Administrator Wright noted that when Lee County went to implement a traffic impact ordinance, they had situations where people came in and applied for permits for 600-700 units at a time. What we want to do is put in some kind of guideline that will prevent people from pulling every possible permit and then digging just a footer every 6 months or so. Chairman Scurlock felt it might be easier to include language in the road impact fee ordinance stating: "either/or the issuance of the building permit or the C.O." That would key it in either place so that they can't skip around it. Attorney Wilson explained that to include the language in the Standard Building Code would require an amendment to the code and a repeal of the existing ordinance. He advised that they are working on the definition of "commencement", and recommended that the Board adopt the ordinance today and they would then come back with a modification. Chairman Scurlock opened the Public Hearing and asked if anyone wished to be heard in this matter. There were none. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously closed the Public Hearing. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Wodtke, that the Board adopt Ordinance 86-4, amending the Code of Laws and Ordinances No. 82-26, adopting a Standard Building Code, 1985 Edition. 35 JAN 8 1986 63 168, L - Boa 63 N�GVE 169 Under discussion,'Director Rymer explained that if the County has tighter standards than the State, our standards would prevail. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. 36 W INDIAN RIVER COUNTY ORDINANCE NO. 86-4 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING INDIAN RIVER COUNTY CODE OF LAWS AND ORDINANCES NO. 82-26, ADOPTING A STANDARD BUILDING CODE, 1985 EDITION; ADOPTING THE FLORIDA MODEL ENERGY CODE FOR BUILDING CONSTRUCTION, 1984 EDITION; ADOPTING THE NATIONAL ELECTRICAL CODE, 1984 EDITION; ADOPTING THE STANDARD GAS CODE, 1985 EDITION; ADOPTING THE STANDARD PLUMBING CODE, 1985 EDITION; ADOPTING THE STANDARD MECHANICAL CODE, 1985 EDITION; ADOPTING THE STANDARD HOUSING CODE, 1985 EDITION; PROVIDING FOR LEGISLATIVE INTENT, INCLUSION IN THE CODE, SEVERABILITY AND EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: SECTION 1 STANDARD BUILDING CODE Indian River County Ordinance No. 82-26 and Section 4-31 of the Indian River County Code of Laws and Ordinances is hereby modified to read as follows: The Standard Building Code, 1985 Edition, including Appendix "A", as published by the Southern Building Code Congress is hereby adopted by reference as the Indian River County, Florida Building Code, subject to the limitations, exceptions and modifications set forth herein. ENERGY EFFICIENCY BUILDING CODE Indian River County Ordinance No. 82-26 and Section 4-38 of the Indian River County Code of Laws and Ordinances is hereby amended to read: The 1984 Edition of the Florida Model Energy Code for Building Construction published by the Governor's Energy Office for the Department of Community Affairs, Bureau of Code Standards, is hereby adopted by reference as the Indian River County, Florida Energy Efficiency Building Code. -1- JAN 8 1986 BOOK 63 PAGE 17® s BOOK 63 FAGE 171 ELECTRICAL CODE Indian River County Ordinance No. 82-26 and Section 4-44 of Indian River County Code of Laws and Ordinances is hereby amended to read as follows: The National Electrical Code published by the National Fire Protection Agency, 1984 Edition, is hereby adopted by reference as the electrical code for Indian River County,___ Flor_ida,_subject _ to the limitations., exceptions and modifications set forth herein. SECTION 4. Indian River County Ordinance No. 82-26 and Section 4-81, Standard Gas Code of Indian River County Code of Laws and Ordinances is hereby amended to read: The Standard Gas Code, 1985 Edition, as printed by the Southern Building Code Congress, is hereby adopted by reference as the gas code of Indian River County, Florida, with such modifications as hereinafter set forth. SECTION 5. PLUMBING CODE Indian River County Ordinance No. 82-26 and Section 4-91 of Indian River County Code of Laws and Ordinances is hereby amended to read: The .Standard Plumbing Code, 1985 Edition, as printed by the Southern Building Code Congress, is hereby adopted by reference as the plumbing code of Indian River County, Florida, with such modifications as hereinafter set forth. -2- SECTION 6. MECHANICAL CODE Indian River Countv Ordinance No. 82-26 and Section 4-101 of Indian River County Code of Laws and Ordinances is hereby amended to read as follows: The Standard Mechanical Code, 1985 Edition, as printed by the Southern Building Code Congress, is hereby adopted by reference as the mechanical code of Indian River County, Florida, with such modifications as hereinafter set forth. SECTION 7. HOUSING CODE Indian River County Ordinance No. 82-26 and Section 4-106 of Indian River County Code of Laws and Ordinances is hereby amended to read as follows: The Standard Housing Code, 1985 Edition, is hereby adopted by reference as the housing code for Indian River County, Florida, with such modifications as may be set forth by the Board of County Commissioners by ordinance. SECTION 8. LEGISLATIVE INTENT The Standard Codes, as adopted herein, state the minimum standards applicable to construction in Indian River County and shall remain in full force and effect, subject to such modifications as may be set forth by ordinance of' the Board of County Commissioners of Indian River County or act of the Florida Legislature. -3- JAN �9�6 �cra F� cc x 72 ,19 9008 63 FACE 173 SECTION 9. INCORPORATION IN CODE The provisions of this ordinance shall be incorporated into the Code of Laws and Ordinance of Indian River County, Florida 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 10. 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 - holding _ shall-- not effect the remaining portions of this ordinance and it shall be construed to have been the legislative intent to pass this ordinance without such unconstitutional, invalid or inoperative part. SECTION 11. EFFECTIVE DATE The provisions of this ordinance shall become effective upon the 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 8th day of January , 1986. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY Don cur oc , Jr.�; Chairman Attest: G� �G� FREDA WRIGHT Cl � 'e . -4- LEASE AGREEMENT - DOUGLAS SCHOOL TO ECONOMIC OPPORTUNITIES COUNCIL The Board reviewed the following memo dated 12/16/85: TO: DATE: FILE: Board of County Commissioners December 16, 1985 SUBJECT: LEASE OF DOUGLAS SCHOOL TO ECONOMIC OPPOR'PUNITIES OPPORTUNITIES COUNCIL OF INDIAN RIVER COUNTY FROM: 1�fr REFERENCES: Bruce Barketwv Assistant County Attorney 1. have attached for your approval a draft of a Lease of the Douglas School property to the Economic Opportunities Council of Indian River County for use as offices and a child development center. You approved preparation of this lease at your regular meeting on November 6, 1985. I call your attention to Paragraph 9, in which the Board agrees to have an old wooden structure on the school arounds removed. The Board further agrees to waive the amount of off-street parking renuired by the zoning code. These conditions were not readily discernable in the minutes of the previous meeting, but Mr. i.eonard Edwards believes the Board has aqreed to these items. Attorney Vitunac suggested deleting the last sentence in Paragraph 9 of the proposed lease agreement with the EOC: "Lessor further agrees that it will not require Lessee to provide more off-street parking spaces than previously existing on the property." He explained that Assistant County Attorney Bruce Barkett prepared this agreement and believed this provision was agreed to by the County during the negotiations with EOC. However, after reading over the Minutes there is some doubt about that. Commissioners Bowman and Bird did not remember the Board discussing off-street parking, but had no objection to the deletion. Commissioner Lyons asked if Paragraph 6 makes it clear that this is to be used only for public purposes., because it seemed to 41 1986 BOOK 63 17a r JAM 6 1966 Boa 63 FA -UE 175 him that the way it reads now that they could start a store there. Attorney Vitunac explained that it is to be used exclusively for offices and a child development center, the Headstart program. Commissioner Bird understood that we are reserving the right to use other portions of the property provided we don't interfere with their operation. Commissioner Wodtke asked if Paragraph 7 gives us enough liability coverage, and Administrator Wright advised that we carry $100,000-$300,000 with a $5 -million override. Attorney Vitunac advised that we are not liable for more than $-100,000 per person, $200,000 per accident. He noted that the lease agreement states that it is just for EOC use and they are not allowed to rent it or sub -lease it without the Board's approval. Commissioner Bowman asked about the Wabasso Progressive Civic League's plans to use the cafeteria, and Attorney Vitunac advised that the EOC would have to come back to the Board with a request to sub -lease the cafeteria, Commissioner Bowman asked if the legal description excludes the southwest corner of that property that the Fire Department wants, and Attorney Barkett advised that when he asked for the legal description to be drawn up, it was supposed to include that corner; however, he would check on it. Commissioner Lyons felt that we are safe guarded because if it is included in this property, we have the right to sub -lease it. Chairman Scurlock asked if there was anyone in attendance from the Wabasso Progressive Civic League. There were none. He explained that every time we talk about this particular property we get accused of not acting in good faith and that is really not the case. Commissioner Lyons concurred that the Board 42 M M really wants to see this school used by the people in that community. Leonard Edwards of the EOC felt the lease agreement as it now stands is satisfactory to all parties involved. The Wabasso Civic Progressive League has informed them that they will have use of the cafeteria. The EOC has no use of the building other than possibly for staff meetings with the total agency and graduation programs. Commissioner Wodtke asked Mr. Edwards if he was aware that in order for the cafeteria to be utilized, it must have extensive repairs and water and sewer. Mr. Edwards explained that his proposal is to do the entire renovation at one time, and, if Wabasso has the funds available, they could utilize their funds or volunteer ours. Administrator Wright suggested that we put any agreements or sub -agreements in writing so that there can be no misunderstanding about who is going to do what and when; otherwise he could see us right back in the middle of an argument. Commissioner Lyons agreed. Commissioner Bird asked their intentions about the water and sewer, and Mr. Edwards explained that at present they would like to drill another well, if necessary, and perhaps go to a septic - tank deal because they are only going to have 45 children during the day. Commissioner Bird asked if when they do this work, it will be with the understanding that they are going to tie the cafeteria to it, and Mr. Edwards agreed. He noted that the League would not be using the facility on a daily basis -- they may use it once a month for a meeting and hold a function there possibly every quarter. Commissioner Lyons pointed out that the utilities have to be connected some where, and Mr. Edwards advised that they would all be under one system and the Wabasso League can just give a 43 BQQK 63 FAGE 176 JAN � i9�6 _ JAN 8 1986 BOOK 63 PAGE 177 donation towards the utilities. He did not think they would have a problem with that. Commissioner Bird agreed with Administrator Wright about having a written agreement if any of the property is sub -leased to another organization, just so the County is aware of it. Chairman Scurlock felt that the lease is okay, but we are saying that any time they go to sub -lease, we want to have all the commitments on both sides so that when a problem arises we have something spelled out. - Administrator- Wright suggested that they go one step further and work that out beforehand, because once the lease is signed, it is going to be more difficult. They could come back and say that they are not going to lease it to anyone, and then we would have Wabasso on our heads. Commissioner Wodtke expressed concern about the County removing the old wooden school building without determining if there is any part of it that would have historical value, and Administrator Wright reported that part of it is torn down already as the Board had instructed him either to tear it down or see if anyone was interested in salvaging it for materials. Chairman Scurlock assured Commissioner Wodtke that on a recent inspection of the site, he did not see anything of historical value left in the building. Commissioner Bird suggested adding some language in Paragraph 3 that says if they do sub -lease a portion of the facilities under this lease, that it be done with the approval of the Board of County Commissioners. Attorney Barkett advised that would be his suggestion also, unless Administrator Wright has a reason not to. Chairman Scurlock agreed because he wanted to see us take some action on this and move on. Commissioner Bird asked again about insurance, and wanted to be sure that liability is covered if the EOC is leasing to the Wabasso Progressive Civic League and someone gets injured at one 44 M a M of their functions. He asked if the EOC would have the coverage or would Wabasso be required to have a separate policy to cover their functions. Attorney Barkett advised that he would look into that, but noted that we are requiring the EOC to have insurance and could require any sub -lessee to carry insurance also. Commissioner Bird wanted to have something in writing saying "that if any part of these leased premises are used by any other organization that they are covered under some policy. Attorney Vitunac advised that if the Board is insisting that the lessee sub -lease right now to the Wabasso Progressive Civic League and other people, we should insert that into the lease because right now they don't have to. Administrator Wright emphasized that was the point he also was trying to make. Commissioner Lyons asked Mr. Edwards if he had any objection to that and could wait two weeks until the lease is amended. Mr. Edwards pointed out that on the lease they have with the City of Fellsmere, it indicates that the building is a community building and the community can utilize the building at anytime. That is also the case with the Winter Beach center at the Pleasant Grove Elementary School in the county. It is available to the community, so that if we do interject something like that, that covers it and he did not believe Wabasso or anyone else would be upset. Attorney Vitunac suggested that we bring the lease back in two weeks with that language inserted which would require them to hold it open as a community building under reasonable terms and conditions, and also some language that gives them the right to sub -lease to other public bodies with proper insurance, etc. Chairman Scurlock suggested going ahead today and authorize the Chairman's signature after the County Attorney has incorporated that language into the lease agreement. we would be sending a message that we are moving on. BOR That way PACE 178 BOOK 63 PAGE 179 ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously authorized the County Attorney to insert the language agreed to in today's discussion and with the amendment to the lease of the deletion of the last sentence in Paragraph 9, and authorized the Chairman's signature. SAID LEASE WILL BE MADE PART OF THE RECORD WHEN FULLY EXECUTED AND RECEIVED ROUTE 60 SEWER FORCE MAIN - CHANGE ORDER #3, COASTLINE UTILITIES The Board reviewed the following memo dated 12/31/85: TO: BOARD OF COUNTY DATE: DECEMBER 31, 1985 FILE: COMMISSIONERS THRU: TERRANCE G. PINTO FROM: JEFFREY K. BARTON SUBJECT: CHANGE ORDER #3 -COASTLINE UTILITIE: ROUTE 60 SEWER FORCE MAIN REFERENCES: DESCRIPTION AND CONDITIONS: With the relocation of the pump station No, 6 there was the need to add additional line and deduct line which are broken down on exhibit A of the attached for an increase of $670.00 to the contract. RECOMMENDATION: It is the staffs recommendation to approve change order #3 in the amount of $670.00 and authorize the chairman to sign the change order. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously approved Change Order #3 in the amount of $670 in the contract with Coastline Utilities for the SR -60 Sewer Force Main, and authorized the Chairman's signature. 46 M CHANGE ORDER Dated .12/6/8? .... No.......... OWNEWs Project No.... U 84-2 .............. ENGINEER's Project No. .. 213J,-2............... project ,State, 44. ¢Q,W$$tewater,Improvements,,,,, CONTRACTOR . Coastline Utilities, Inc./ Nagel Construction, Inc. ...�...... ........................................................ Indian River County Contract Date July 28, 1985 Contract For ................... .............................. To: .. C..��aryk. o�t;eP,residept,,Cop�Stlipe Utilitest,Inc,,,,,,,,,,,,,,,,,,,,,,,,,,,, CONTRACTOR You are directed to make the changes noted below in the subject Contract: Indian River County OWNER Byn`�C . Scu..an - Dor ock, Jr.Jr.d--hai rm.anDated . anuary.......19.86.... . Nature of the Changes Add 55 feet of 12—inch gravity main to reach relocated pump station 6. This includes inverts and benches in two manholes. Add a 12—inch and 10—inch valve at 82nd Avenue. Delete 500 feet of 12—inch force main between station 93+30 to 98+30. Enclosures: See exhibit A for cost breakdown These changes result in the following adjustment of Contract Price and Contract Time: Contract Price Prior to This Change Order Net crease (Decrease) Resulting from this Change Order Current Contract Price Including This Change Order NSPE•ACEC 19105•B (1978 Edition) 01979. National Society of Prof"UMW Eapaem S ..1,.27.3,.414»A5.......... s ....... 670,00.......... S , 1,274084,05,,.,,,,,,. ` Contract Time Prior to This Change Order ................................ 180 , , , , .. , , .. . (Days or Date) .Net Increase Decrease) Resulting from This Change Order ....................... 7 . ............. . (nays) Current Contract Time Including This Change Order ......................... 187.................. (Days or Date) The Above Changes Are Approved: Williams, Hatfield & .......Stoner,. Inc... _ ... . Yw/�/ EN••NEER By . C ........... Date .... ./6 ............... .19. Coastline Utilities/Nagel Construction The Above Changes Are Accepted: .......... . �CONTRACTOR� Approved r 'o form and legal�t,.iency By ��"._� _ Charley .. Vitinac Coun9V �atarney i rt�ac» Date .............. /2.' ...... ,19. !'8- 47 JAN 1986 _ aoo� Pact 180 r JAN 8 1986 BOOK MMIBIT A 63 P'�Uc 181 Contract Item No. Description Add Deduct 4D Add 1, 12 -inch valve @ station 99+20 $1,810.00 (82nd Avenue) 4C Add 1 10 -inch valve @ station 99+20 $1,710.00 (S.R. 60 @ 82nd Avenue) New Item. Add 55 feet of 12 -inch, SDR 35, gravity $5,700.00 main. Construct benches in two manholes 1D Delete 500 feet of 12 -inch force main from $8,550.00 stations 93+30 to 98+30. Totals $9,220.00 $8,550.00 WATER MAIN EXTENSION - 2ND STREET BETWEEN OLD DIXIE 8 20th AVENUE The Board reviewed the following memo dated 12/31/85: TO: BOARD OF COUNTY COMMISSIONERS THRU: TERRANCE G. PINTO I. g-�� FROM: JEFFREY K. BARYON DESCRIPTION AND CONDITIONS: DATE: DECEMBER 31, 1985 FILE: SUBJECT: WATER MAIN EXTENSION 2nd STREET BETWEEN OLD DIXIE & 20th AVE REFERENCES: The Board of County Commissioners at their November 6, 1985 meeting authorized Indian River County Utilities to bid the 2nd Street project as engineered by Sipple, Masteller, The bids were opened on Monday, December 23, 1985 at 2:00 P. M, Seven (7) bids were received, The three (3) lowest bids are outlined in the attached letter from the engineers, RECOMMENDATION: Award bid to lowest bid of Collee Mechanical for $96,787,50 and authorize chairman to sign contract, 48 ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously awarded the contract for Water Project UW85-05-DS, 8" Potable Water Distribution System Expansion, to the low bidder, Collee Mechanical, Inc. in the amount of $96,787.50, and authorized the Chairman's signature. FORM OF AGREEMENT INDIAN RIVER COUNTY, FLORIDA 8" DIAMETER POTABLE WATER DISTRIBUTION SYSTEM EXPANSION 2nd STREET (OLD DIXIE HWY. TO 20th AVE.) THIS AGREEMENT made and entered into on the day of 19 dt/D,by and between ( ltGC zQ�2c. e , (Address) herein after called the Contractor, and INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, hereinafter called the County. WITNESSETH: That the Contractor and the County, for the consideration hereinafter names, agree as follows: Article 1. SCOPE OF THE WORK: The Contractor shall furnish all of the materials and perform all the work shown on the Drawings and described in the Specifications entitled 80 DIAMETER --POTABLE WATER DISTRIBUTION SYSTEM EXPANSION/2nd STREET (OLD DIXIE HWY. TO 20th AVE.) for Indian River County, Florida & --""" - shall do everything required by this Agreement and Contract --- Documents. Article 2. COMMENCEMENT AND COMPLETION: The Contractor will be required to commence work under this Contract within ten (10) calendar days after receipt of the notice to proceed and shall complete the project within 90 days as specified in the Bidding and General Requirements. The Contractor agrees to reimburse Indian River County, Florida, as liquidated damages for each calendar day elapsing between the date herein specified as the day of full completion and the actual day of such com- pletion of the contract work the amount of one hundred dollars ($100) per calendar day. Time is of the essence. Article 3. THE CONTRACT SUM: The County will pay the Contractor for performance of the Contract, subject to additions and deductions provided therein, in current funds as follows: Numerical Amount 4 e?&4 ZCP7• So Written Amount FA -1 49 AN 1996 FF"_ JAN Boa 63 PAGE 83 Article 4.. PROGRESS PAYMENTS - The County will make partial payment during the progress of the work as approved by the County Engineer. Article 5• ACCEPTANCE AND FINAL PAYMENT: Upon receipt of written notice that the work is ready for final inspection and acceptance, the County Engineer will promptly make such inspection and when he finds the work acceptable under the terms of the Contract and the Contract fully performed, he will promptly issue a final certificate, over his own signature, stating that the work provided for in this Contract has been completed, and acceptance by him under the terms and the conditions thereof is recom- mended and the entire balance found to be due the Contractor, will be paid to the Contractor by the County following Coun- ty Commission approval of the final Contract payment. Before issuance of final certificate, the Contractor shall submit evidence satisfactory to the County Engineer that all payrolls, material bills, and other indebtedness connected with the work have been paid. An affidavit must be submitted by the Contractor to the County Engineer stating that all in- debtedness connected with the work has been paid. Such affidavit will be signed by a duly authorized officer of the contracting firm, will bear the firm's seal, and will be notarized and attested by two witnesses. A Waiver -of -Lien form signed by a duly authorized officer of the subcontracting firm, notarized and attested by two witnesses is required from each Subcontractor engaged under the scope of this Contract, and must accompany the request for final payment. The making and acceptance of the final payment shall constitute a waiver of all claims by the County, other than those arising from unsettled liens, from faulty work appearing after final payment or from require- ments of the Specifications and of all claims by the contractor, except those previously made and still unsettled. Article 6. THE CONTRACT DOCUMENTS: Advertisement for Bids, Addendum as Required, Bidding and General Requirements, Bid Proposal, Ques- tionnaire, Form of Agreement, Final Payment - Contractor, Affi- davit, Final Pay Request, Public Construction Bond, Technical Specifications, and the Drawings, form the Contract and they are as fully a part of this Contract as if the same were hereto attached or herein repeated. Article 7. LIABILITY INSURANCE: Subject to the monetary limitations in Article 11 (Page BCR -5), the Contractor, upon his part, agrees to protect, indemnify, save harmless, and insure the County r from any liability to any persons for injuries to the person, including loss of life, or damage to property, resulting from the acts or omissions of the Contractor, or any subcontractor, or the officers, employees or agents thereof, in performing his obligations under this Contract. The parties expressly recognize that the relationship between the County and Contrac- tor is that of independent contractors, and that neither the Contractor nor any of his servants, agents, or employees shall ever be considered to be an agent, servant or employee of the County. PA -2 - 50 Article 8. PUBLIC CONSTRUCTION BOND: The Contractor shall furnish the County immediately upon acceptance of the Bid, and prior to any obliga- tion of the owner to execute this Contract or to issue the Notice to Proceed, a Public Construction bond in the penal sum of gam/ with good and sufficient sureties, conditioned upon the performance of this Contract by the Contractor in accordance with the terms and conditions hereof, within the time herein provided, and with the additional obligation that such Contractor shall promptly make payment to all persons supplying him labor, materials and supplies, used directly or indirectly by the said Contractor in the prosecution of the work provided for in this contract. For any Contract not exceeding $100,000.00, the County Commission may by resolution waive the requirements for a Per- formance Bond as required in this paragraph, and substitute in lieu thereof another suitable form of surety. X1.11.1. Form of Agreement (continued) IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first written above. Contractor ' Signed and sealed by the Con- tractor in the presence of: / By: vVi,vz::, 7-� PEES, Signed and sealed by the Ow er in the presence of: Noted and Approved /9-/ O This foregoing Contract Agreement is in is hereby approved: Attest: (Seal) INDIAN RIVER COUNTY -(Owner) By: L Chairman Oo N G. Scull p C,it� G74 Attest: C Freda Wrightlr p� County Cler ,p B . W Y' Michael Wright County Administrate correct form according to law and Charles Vitunac County Attorney Attorney for Contractor 51 BOOK GOLF COURSE FINANCING eooK 63 - P,.n.185 The Board reviewed the following memo dated 1/3/86: TO: Honorable Board of County ®ATE: January 3, 1986 FILE: Commissioners THROUGH: Michael WriJisator County Admi FROM:l Joseph" A. Baird OMB Director SUBJECT: Golf Course Financing REFERENCES: Letters: Southeast Bank Barnett Bank M.G. Lewis, on Indian River County's behalf, mailed proposals to eight financial institutions to finance the $2.1 million Sandridge Golf Course. Of the eight institutions, only the Barnett Bank and Southeast Bank replied. The banks gave similar proposals quoting variable rates and no fixed rate. The best offer was from the Barnett Bank which was 64% of prime adjusted on a monthly basis. At today's prime rate of 92%, this would mean a rate of 6.08% for the month of January. The Southeast Bank's offer was 65% of prime which would adjust daily. At a prime rate of 92%, this would mean 6.18% rate. Neither bank gave a cap on the adjustable rate, therefore, the only limitation would be the statutory requirement. Both banks proposals con- tained gross up provisions to hedge against any tax law change. After evaluating the proposals, everyone involved felt there was very little advantage in the temporary financing because of the terms and con- ditions offered. At present, 30 year bonds can be issued at between 8 3/4% and 9%. By going long-term, we could lock in a rate and forego the issuance costs involved with temporary financing. RECOMMENDATION The Honorable Board of County Commissioners not accept the two offers submitted for temporary financing and authorize staff to proceed with ob- taining long-term financing of the Sandridge Golf Course. 52 Chairman Scurlock reported that the County's bond counsel has indicated that because of the lower interest rates currently available, a 30 -year permanent bond issue would be preferable to going with a short-term loan before the permanent financing. He assured Commissioner Bird that we would have the same flexibility with the permanent issue of the 30 -months of deferred capital Interest and that we would get the money in the same amount of time. He reported that it is the Finance Committee's recommendation that the Board authorize staff to go ahead and proceed on that basis. The Board agreed that the interest rate of 8-1/2$-8/3/4% offered was very conservative and that we could probably get an interest rate around 7%-8%. Further, that we keep in contact with M. G. Lewis to keep our options open and come back at the time of placement to get direction from the Board on whatever market conditions are that week. Chairman Scurlock understood that the Commission wishes to proceed in this manner. DISCUSSION OF ADMINISTRATION OF SOUTH COUNTY FIRE DISTRICT Administrator Wright asked that before we get into the appointment of the new Fire Chief, the Board give some direction on the administration of the district. Commissioner Bird felt that when the SCFD was created it was with the idea that the district would not be a department within Indian River County, but set up as a separate entity that would answer to the Board of County Commissioners and work through the Fire Advisory Board. For administrative purposes only, the Fire Chief would work through the County Administrator and utilize the County staff for administration functions. Commissioner Wodtke felt quite differently in that when the district was created, it was because the City of Vero Beach had a paid fire fighters department and we were moving county-wide'as far as the taxing structure. Now that the County has assumed 53 JAS i�� BOOK 63, P,,r J% JAN 8 1986 Bou 63 PAGE 187 the administration once assigned to the City, he did not feel that the Board of County Commissioners should be involved in the day to day administration. He believed the Fire Chief should be responsible to the Board of County Commissioners through the County Administrator. Commissioner Lyons echoed Commissioner Wodtke's feeling in that it .is not much different than any other special taxing district that we have. Commissioner Bowman agreed with Commissioners Lyons and Wodtke and could not imagine how the five -commissioners could be consulted on everything. Commissioner Bird stated it was not his intention that the Commissioners be consulted on every little thing as that was the Fire Chief's job. Chairman Scurlock felt when the SCFD was created, it was presented to the public that the administration would be through the City for a number of years to assure stability and that was under Tom Nason who was designated as the administrator on budgets, etc., and then on to the Fire Advisory Board and to the Board of County Commissioners. He advised that the Fire Advisory Board have said that they do not want to be involved in hirings or firings. He felt that there are some things that need to be clarified and perhaps in the next few years we can consider going back to the voters on a referendum. He agreed that the Fire Chief should go through the County Administrator before coming to the Board of County Commissioners. He did not want to see a political body involved in the day-to-day administration of the SCFD. Commissioner Bird explained that he feels that the SCFD was sold to the public 5 years ago so that it would not be just another county department, but Chairman Scurlock interjected that he felt it has not functioned as anything but another department since then. Tom Nason handled the administration and came to the 54 M Board, but the Fire Chief was always encouraged to come to the Board if he did not agree with the Administrator. Commissioner Wodtke stressed that it was created because of the taxing structure as a special taxing district. Commissioner Lyons felt that the day to day administration requires the County Administrator and that we also need one place where Emergency Management and Emergency Communications come together. He believed that separate lines of communication would result in unnecessary problems. Retiring Fire Chief Forrest Smith advised that as of last October, Tom Nason and John Little became Mike Wright and Sonny Dean and there have been no problems with that. Chairman Scurlock felt the hidden fear is that the County Administrator does not want to be in the position that he is on an even level with the Fire Chief. He believed that the five commissioners were saying the same thing, but only in a different way. He explained to Chief Smith that the district was a dependent district, but it is independent in that it is a separate entity. He felt that we could debate that all day and it may be •that we should form a committee to consider a single district for a paid county -wide fire force. Commissioner Bird emphasized that his only objection is that it was not sold to the public as just another county department. If we can keep that status intact and still operate under the County Administrator, he would go along with that. SOUTH COUNTY FIRE DISTRICT MEETING The Board of County Commissioners recessed at 11:01 o'clock A.M. in order that the District Board of the South County Fire District might convene. Those Minutes are being prepared separately. The Board reconvened at 11:03 o'clock A.M. with the same members present. 55 80QK 63 PnE 188 BOOK 63 Pri,c 1l EMERGENCY MEDICAL SERVICES - CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY - ADVANCED LIFE SUPPORT The Board reviewed the following letter January 6, 1986: INDIAN RIVER MEMORIAL HOSPITAL, INC. Dan K. Richardson Chairman, Board of Directors January 6, 1986 Mr. Michael Wright County Administrator 1840 25th Street Vero Beach, FL 32960 Dear Mike: Michael J. O'Grudy, Jr. President In order for the Indian River Memorial Hospital Life Support System to be licensed by the State of Florida, we must have a Certificate of Public Convenience and Necessity from the County Commission. The system will be serving all of Indian River County. Our basic charge will be $145.00 and $4.00 per mile, plus supplies. We are in compliance with all requirements of State legislation. Mike, we would appreciate this item being placed on the agenda for the January 8th meeting, as our license application cannot be processed without this approval. I know that may be inconvenient, but we would appreciate it if you could help. Thank you very much for your prompt attention. Sincerely, Michael J. O'Grady, Jr. President Administrator Wright explained the urgency for the certificate to be issued and why he added it to today's agenda. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously issued a Certificate of Public Conveyance to to Indian River Memorial Hospital, Inc., provider of BLS, ALS Transport. 56 10? I I w Sm a rri Ln EMERGENCY MEDICAL SERVICES CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY Indian River Memorial Hos it4ih's ren uested authorization to provide WHEREAS, the p q } Advanced Life Support services to the citizens of Indian River County; and (Advanced Life or Basic Life Support).. WHEREAS, there has'been demonstrated there is a need to provide these essential services to the citizens of this county; and, WHEREAS, the above named service affirms that it will maintain compliance with the requirements of the Emergency Medical Services Act (Chaptera40l,,,7.S.) and rules (Chapter IOD -66, F.A.C.). r THEREFORE, the Board of County Commissioners .,of:'••IndfanI R- ver County hereby issues a to.'Z certificate of Public Convenience and NecesSity,,to,,said,Company to providePLS,ALS�Transport services with limitations as prescribed--.on;,'thi.s�certificate. (BLS,ALS-transport ►'``` ALS non -transport) a In issuing this certificate, the•governing body of Indian River County has considered recommendations of affected municipalities. Date Issued January 8, 1986 Date of expiration January 7, 1987 (Unless certificate is sooner revoked or suspended) Limitations: (Chairman, Board of Cog t Commissioners) i t y ,- y=,Y gn. 11 •n .: 111 :x„ i ,� ..�,3 r,,�r > i ;Q '" <:.v .;r(f , '',' :' 1iu."t's'r �`' ' ftp. -4-�i 1s 4?ltis s 5` b6' azv�. x,. �c 3�y. > v �, 1 JAN `�9��, . BOOK 63 PROPOSED SEBASTIAN INLET DISTRICT LEGISLATION The Board reviewed the following memo dated 12/23/85: and letter dated 12/13/85: TO: Patrick B. Lyons DATE: 12/23/85 FILE: Chairman FROM: Charles P. Vitunac, County Attorney SUBJECT' Proposed Sebastian Inlet District Legislation REFERENCES: You asked me' to place this proposed bill on the January 8th Board of County Commissioners' meeting agenda for formal comment, and you asked for an interpretation of the language of the proposed bill regarding who can be a member of the Sebastian Inlet District. Pursuant to Section 4 of the bill the governing body of the Sebastian Inlet District will be five commissioners who will be appointed by the Boards of County Commissioners of Brevard and Indian River Counties. Brevard County will have three appointments and Indian River County two appointments. The members who will be appointed must be qualified electors and residents within the boundaries of the District, and they must live in the county they are representing. Thus, the Board of County Commissioners of Indian River County will have the power and duty to appoint two Indian River County residents who are qualified electors of Indian River County and who live in that part of the Sebastian Inlet District which is within Indian River County. 58 THE FLORIDA SENATE SENATOR TIMOTHY D. (TIM) DERATANY 16th District District Office Address: 1300 Pinetree Drive Indian Harbour Beach, FL 32937 (305)777-0032 December 13, 198 Honorable Richard N. Bird County Commissioner Indian River County Administration Bldg 1840 25th Street Vero Beach, FL 32960 Dear Commissioner: D fiD 1;;c5 „� Pine- , COMMIT -T] ''P'fArriaunp� ri %mpl S 11 F s TiA1 Enclosed is a copy of a bill I intend to introduce at the delegation meeting to be held in Vero Beach on January 15, 1986, and in Melbourne, on February 12, 1986, which relates to the Sebastian Inlet Commission. The bill amends section 4 of chapter 7976 by replacing the provision for election of the commissioners, to one providing for appointment by the Boards of County Commissioners from Brevard and Indian River Counties. In addition, it provides for budget approval by the County Commissions. My reason for suggesting this change stems, of course, from past criticisms of the Inlet Commission, as well as the recent critical audit. I believe the citizens of the taxing district will be better served knowing that the budget decisions of the Commission will have the benefit of the expertise available to them through the two counties involved and the County Commissions will make every effort to -appoint only those most suitable to serve. After you have had an opportunity to read the bill, should you have any suggestions or recommended changes I will appreciate your discussing it with me prior to the delegation meeting. Best wishes for a happy holiday. Sincere , Tim Deratany Senator, District 16 59 W, BOCK � and Claims JAN 1966 soon 6.3 Fns E 193 Commissioner Lyons wondered whether we should suggest to State Senator Deratany that the boundaries of the Inlet District be broadened and that people be appointed from the entire county rather than from just that small area in the district. The present boundaries extend from Wabasso on the south to Indiatlantic on the north. Attorney Vitunac advised that only part of the county pays taxes to the Inlet District. Under the proposed bill, whoever is appointed to -serve on the new Inlet Commission from Indian River County will have to be a resident who is a qualified elector of the county and who lives in that part of the Sebastian Inlet District located within the county. Commissioner Wodtke felt that the District's primary responsibility has been to keep navigation open, and Commissioner Lyons felt that maybe we ought to suggest to State Senator Tim Deratany that the proposed bill give the control of grass beds, shrimp beds, protection against beach erosion and other such duties in the Inlet area to the new commission being proposed. Commissioner Wodtke felt that the State of Florida has some responsibility, but Commissioner Bird felt there would be a lot of opposition to the DNR taking over the inlet. Commissioner Bowman stressed that the inlet is very important to Sebastian's economy. She wondered how the population of the Brevard County area of the tax district compared to Indian River's portion, and how that would affect the 3-2 appointments to the District board. Chairman Scurlock did not feel that we are going to solve this today and suggested that each of the Commissioners give their feelings to Attorney Vitunac. Commissioner Bird wished to see a map of the District, and Commissioner Bowman wanted to know just how the Commission is structured and what they are required to do. She felt that the 60 M M r present Commission does not have good legal or accounting advice, and that even with new appointments, we still might have the same problems. Attorney Vitunac advised that he would take the suggestions back to his office and discuss them further with Senator Deratany before the Legislative Delegation meets on January 15th. PROPOSED_ SPECIAL ACT RELATING TO ANIMAL CONTROL The Board reviewed the following memo dated 12/31/85: TO: BOARD OF COUNTY DATE: December 31, 1985 FILE: COMMISSIONERS SUBJECT: PROPOSED SPECIAL ACT RELATING TO ANIMAL CONTROL i FROM: James l lson REFERENCES: Assist t County Attorney This office has prepared a proposed special act providing Indian River County Animal Control Officers with the power to issue notices to appear for violations of the Indian River County -Code of Laws a Ordinances, Chapter 3. As you may recall, a -similar act was proposed by the Board of County Commissioners to the 1985 Legislative Session, but was not adopted by the Legislature. General Florida Law presently limits the authority to- issue a notice to appear in the County Court to certain described law enforcement officers. The County does not have the authority to adopt an ordinance vesting its animal control officers with this authority, in the absence of some special legislation from the State. This special act has been submitted to Representative R. Dale Patchett and, with your approval, may be submitted to- the Legislature for their consideration during the 1986 Legislative Session. Assistant County Attorney James Wilson explained that this cannot be done by ordinance, it must be done by Special Act. He noted that Brevard County also does this. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, the Board unanimously authorized the Legal Department to submit the special act to the Florida Legislature for their consideration during the 1986 Legislative Session. , ,61 JAN 81906 BOOK194 JAN 9d � BOOK 63 AN ACT RELATING TO INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR THE ENFORCEMENT OF INDIAN RIVER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 3, THE INDIAN RIVER COUNTY ANIMAL CONTROL ORDINANCE; PROVIDING AUTHORITY TO DESIGNATE ANIMAL CONTROL OFFICERS TO ISSUE NOTICES TO APPEAR IN COURT FOR VIOLATIONS OF THE INDIAN RIVER COUNTY ANIMAL CONTROL ORDINANCE; ALLOWING SPECIFIC PENALTIES FOR THE VIOLATION THEREOF; AUTHORIZING THE ENACTMENT OF Ali ORDINANCE ESTABLISHING PROCEDURES TO IMPLEMENT THIS ACT; PROVIDING FOR PENALTY; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. BE IT ENACTED by the Legislature of the State of Florida; Section 1. The Board of County Commissioners of Indian River County, Florida is hereby empowered to designate one or more individuals as Animal Control Officers. The training and qualifications of the employees for such designation shall be determined by the Board of County Commissioners. Section 2. It shall be the duty of any person designated as an Animal Control Officer to enforce the Indian River County Code of Laws and Ordinances, Chapter 3, as adopted and from time to time amended, by the Board of County Commissioners of Indian River County. Section 3. An Animal Control Officer hereunder, or any law enforcement officer as defined in Florida Statute Section 943.1(1), or its successor, is hereby authorized to issue notices to appear for the violation of Indian River County Code of Laws and Ordinances, Chapter 3, when, based upon personal investigation, the officer has reasonable and probable grounds to believe that a violation of said chapter has occurred. Section 4. A notice to appear issued by an enforcement officer under the provisions of this act shall be in a form authorized by Florida Statutes Section 901.27 and substantially similar to the form provided in Florida Rules of Criminal Procedure, Section 3.125. A notice to appear shall, at the minimum, state the time and date of issuance, name and address of the violator, the date of the violation, the description of the violation, the section and number of Indian River County Code of Laws and Ordinances, Chapter 3, for which the violation is charged, the name of the enforcement officer and the time and date on which the person charged shall appear in court. -1- M Section 5. A. Any person charged for violations of Indian River County Code of Laws and Ordinances, Chapter 3, shall be deemed to be charged with a non -criminal infraction and cited to appear in County Court. B. Any person cited for infraction of this section shall; (1) Post a bond, which shall be equal in amount to the applicable civil penalty hereinafter provided for; or (2) Sign and accept a citation indicating a promise to appear. C. Willful refusal to sign or accept service of a notice to appear shall be unlawful and constitute a separate offense. Any person who willfully refuses to post a bond or acceptance on a citation shall be in voilation of this law and shall be punished in accordance with Florida Statutes Section 125.59, or its successor. D. Any person cited with a violation of Indian River County Code of Laws and Ordinances, Chapter 3, may: (1) Pay the civil penalty within ten days of receiving the citation; or ( 2 ) If he has posted bond, forfeit bond by not appearing at the designated time and location; or (3) If the person cited follows either of the above procedures, he shall be deemed to have admitted the infraction and to have waived his right to a hearing on the issuance of the commission of the infraction. E. Any person electing to appear or who is required to so appear shall be deemed to have waived his right to the civil penalty. JA 1986 BooK 63 _ml,E196 JAN 1986 d BOOK 63 FAGc 197 Section 6. The civil penalties required for the disposition of an infraction pursuant thereto shall be such monetary amounts as Board of County Commissioners of Indian River County shall establish by ordinance; provided that in no event shall such civil penalty exceed the amount provided by general law for the violation of a county ordinance. Section 7. Nothing herein contained shall be construed to authorize or permit any Animal Control Officer to perform any function or duty of a law enforcement officer other than specified herein. Animal Control Officers shall not make physical arrests or take any person into custody and shall be exempt from the requirements relating to the high hazard or special risk retirement program and Criminal Justice Standards and Training as defined in Florida Statutes Sections 122.34 and 943.11, et seq., or their successors. Section 8. The Board of County Commissioners of Indian River County, Florida may enact an ordinance establishing procedures for the implementation of this act. Section 9. The provisions of this act shall be incorporated into the Code of Laws and Ordinances of Indian River County and the word "act" may be changed to "section", "article", or other appropriate word, and the sections of this act may be renumbered or relettered to accomplish such purpose. Section 10. Severability: If any section, sub -section, sentence, part thereof, paragraph, phrase or word of this act is for any reason held to be unconstitutional, inoperative or void, such holdings shall not affect remaining portions, and it shall be construed to have been the legislative intent to pass the act without such unconstitutional, invalid or inoperative part. Section 11. This act shall take effect upon becoming a law. Approved: 1-8-86 M3- SETTLEMENT OF_LAWSUIT_WITH SEMINOLE SHORES Assistant County Attorney James Wilson explained that a little over a year ago the County filed a lawsuit against the owner of Seminole Shores because a required water treatment plant for the development was not constructed, nor was water supplied to the lots in the development. We took them to court and won a judgement against them, which gave the County enough money to install a water system ourselves if we choose to foreclose on the property. However, the developer of the property has now found a buyer, but with our lien being recorded, he cannot sell the property unless we release the judgement lien. At this time the City of Vero Beach has an agreement to supply water to this area, and the developer has agreed to escrow with the County a sufficient amount of money to install all of water lines if we release our judgement against the property. The reason for this matter being added to today's Agenda is that the developer wants to close on the sale next week. Attorney Vitunac asked what happens if the City provides the water to the subdivision, and Attorney Wilson explained that the City is only going to provide a hookup on AIA and it is the developer's responsibility to construct the water lines into the development. Administrator Wright suggested that the Utilities Department determine the amount to be escrowed and then place an additional amount on top of that. Attorney Wilson agreed that the developer should escrow an amount that would assure that the plant is built, if it becomes necessary, plus an additional amount to cover our administrative costs. He assured the Board that the judgement will not be released until the escrow funds are in place. 65 JAN 8 1986 s00x Boa 63 PAct 199 ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Lyons, the Board unanimously authorized the Chairman to execute the release of judgement lien subject to the conditions discussed this morning. (SATISFACTION OF JUDGMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD) STATUS OF UNFAIR LABOR PRACTICE FILED BY CWA --- Attorney Vitunac reported that as a result of the unfair labor practice filed by the Communication Workers of America, the Public Employees Relations Commission has found the County in violation of committing an unfair labor practice by its initiation of a $12.50 medical insurance payment. The hearing officer's reasoning was that even though the County set a cap on its insurance plan in 1983, 1984 and 1985, the cap for the first two years equalled 1000 of the payment; therefore, County policy had been unchanged since the beginning of time to pay all of the insurance payments. The County Attorney recommended that we appeal this decision to the Public Employees Relations Commission within 20 days and argue this before the full Commission in Tallahassee. He noted that this is merely the recommendation of the hearing officer. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bowman, the Board unanimously authorized the County Attorney to file an appeal with the Public Employees Relations Commission. Attorney Vitunac confirmed that the Board may discuss this matter in caucus as it relates to wages, hours and conditions of employment under the contract. He noted that we are still in wage negotiations with the union and should have the special master report in 10 days or so. 66 COMMITTEE APPOINTMENTS/REAPPOINTMENTS The Board reviewed recommendations for appointments and reappointments to the following committees: A. Board of Zoning Adjustment Present incumbents: 2 year terms John A. Kirchner (District 2) Michael Wodtke (District 4) Dorothy Hudson (District 5) B. Economic Opportunities Council Present incumbents: 1 year terms Theodore D. Smith (Di$tjr.ict: •1) Vacancy (District 2) Carol Peterson-Hayslip (District 3) Vacancy (District 4) I Helen J. Wright (District 5) C. Finance Advisory Committee Present incumbents: 2 year terms Don C. Scurlock, Jr. John R. Koch Ed Lovell John Morrison D. Mobile Home Advisory Board Present incumbents: 2 year terms Earle Hall Belle Taylor Robert A. Peters Mark Allison E. Overall Extension Committee Present incumbents: 2 year terms Vacancy (District.3) Cathy Rovella (District 4) Hildie Tripson (District 5) F. Parks and Recreation Committee Present incumbents: 1 year terms Richard N. Bird Gary Parris Susan Wilson George Schum Alfred MacAdam Valarie Brant Jean Carter Pat Callahan G. Public Safety Advisory Committee Present incumbents: 2 year terms Patrick.B. Lyons Vacancy (Sheriff Appointment) The Honorable D. C. Smith H. Transportation Plannin Committee Present incumbents: 1 year terms Vice Chairman, Co. William Cochrane Kenneth Roth A. J. Todd, Jr. Judson P. Barker, Paul Cosner Walter Jackson Jeannette Lier Commission Jr. I. Liaison between County & Emergency Management Present incumbent: 1 year term William C. Wodtke, Jr. J. Local Energy Management Present incumbent: 1 year term Doug Wright K. Regional Energy Action Present incumbent: 1 year term Doug Wright L. Board of Trustees, IRC Library Present incumbent: 1 year term Patrick B. Lyons M. North County Fire District Board Present incumbents: 1 year terms Margaret C. Bowman, Chairman William C. Wodtke, Jr., Vice Chair; N. Local Health Council 2 year term Vacancy 0. Vero Beach Recreation Committee Present incumbent: 1 year term Richard N. Bird P. IRC Council on A inq Present incumbent: 1 year term 67 Margaret C. Bowman JINN �y�b BOOK 63 FAGS 200 Q. South County Fire District Advisory Committee Present incumbents: 1 year terms Chairman, Co. Commission Vice Chairman, Co. Commission Daniel Richey, Member at Large R. Vero Beach Bicycle Path Committee Present incumbent: 1 year term Richard N. Bird BOOK 63 PAGE 201 ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously appointed the recommended individuals to the committees listed above. S. Drainage Technical Advisory Committee Present incumbent: 1 year term Don C. Scurlock, Jr. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously abolished the Drainage Technical Advisory Committee, as recommended by Chairman Scurlock. M. SAVE OUR COASTS "SEBASTIAN INLET I I i .. I I S------ - WEST ERDO I I ---I � � 1 � 9 rtG llbrn� r MORRIS (STATE) - PERLINI —HOWELL & CHAPMAN BELL RD. (IRC) —ERDO (IRC) NUMBER 11 CORP SIRK WEST GOLDEN SANDS NORTH GOLDEN SANDS (IRC) GOLDEN SANDS (-R&C) PFEIFER tet` Referring to the above map, Commissioner Bird reported that the State has purchased the Morris and Perlin! properties. The County has purchased the Bell Road, Erdo and Golden Sands tracts. The State is continuing to negotiate the purchase of the Howell & Chapman piece, but the owner, Jack Hunt, refuses to sell the 6Q Boa 6j PA. cE202 L_JAN 81966 - J JAN 8 1996 Boa 63 Fc, -E 203 property. Price is not the problem; Mr. Hunt merely wishes to give the oceanfront property to his two sons. Mr. Hunt, however, did not close the door on the possibility of trading his property for a comparable piece of beachfront. With the Board's permission, Commissioner Bird wished to pursue finding a comparable piece of property to trade with Mr. Hunt, because the State has indicated that that they might buy an appropriate parcel to trade with Mr. Hunt. If a trade cannot be negotiated, we might have to consider taking the property by condemnation -.- through eminent domain proceedings. Continuing, Commissioner reported that on their recent trip to Tallahassee, he and Attorney Barkett found that the Governor and Cabinets have approved the purchase of the Number 11 Corp property, which is 565 feet of additional oceanfront, for a little in excess of $890,000. The Pfeifer property has been dropped from the list. The State is very actively negotiating for the Sirk property, but the seller wishes to sell the river side of the tract along with the ocean frontage. The State has asked us to consider finding a buyer for the western portion, and if we can, they will purchase the oceanfront tract. Commissioner Bird believed the adjacent property owner might have some interest in acquiring the river portion and suggested he talk with him about that possibility. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously authorized Commissioner Bird to find a suitable piece of property to trade for the Howell & Chapman property and to negotiate with the adjacent owner to the Sirk property to buy the river portion of the tract. 70 M Commissioner Bird advised that the funds for the Save Our Coasts program are fast running out and felt we are fortunate that Indian River County is as high up on the State's priority list as we are. DOCUMENT TO BE MADE PART OF THE RECORD Resolution 85-137,approved at the meeting of December 11, 1985, is hereby made a part of the record. 71 Bou 63 PAG, 204 '®6 BOOK 6 Pr�GE 205 �� ��® RESOLUTION NO. 85-13 7 A RESOLUTION OF THE BOARD OF COUNTY CON1MISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENT TO 11TH LANE SOUTHWEST 1245'± WEST OF OLD DIXIE HIGHWAY PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAMMU OF ASSESS- MENTS, NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL DESCRIPTION OF THE AREA SPECIALLY BENEFITED. W 3REAS, the County Public Works Department has received a public improvement petition, signed by more than 2/3 of the owners of Property in the area to be specially benefited, requesting paving and drainage improvements to 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 esti- mates has been completed by the Public Works Division; and WHEREAS, the total estimated cost of the proposed im- provements is $32,689.02; and WHEREAS, the special assessment provided hereunder shall, for any given record owner of property within the area specially bene- fited, be in an amount equal to that proportion of seventy-five percent (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 of Indian River County ninety (90) days after the final determination of the special assessment pursuant to Ordinance 81-27; and WMEAS, Mr. James Lawhon has agreed to pay the paving costs for the four lots upon which homes have been built facing 12th Street SW, specifically the lots owned by Phil M. & Jaqueline Osborne, Gary & Sandra Stafford, Norman & Corinne Bean, and Mary E. Condon; and WHMAS, Indian River County shall pay the remaining twenty-five percent(25%) of the total cost of the project; and WHEREAS, any special assessment not paid within said ninety (90) day period shall bear interest beyond the due date at a rate established by the Board of County Commissioners at the time of prepar- ation of the final assessment roll, and shall be payable in two (2) equal installments, the first to be made twelve (12) months from the due date and the second to be made twenty-four(24) months from the due date; and WHEREAS, after examination of the nature and anticipated usage of the proposed improvements, the Board of County Commissioners has determined that the following described properties shall receive a direct and special benefit from these improvements, to wit: 11th Lane Southwest 12451± 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 0, Lots 8, 9, and 10, Block 0, as shown on the Plat of Dixie Heights Subdivision 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 J of the Southeast $ of the Northeast J of Section 25, Township 33 South, Range 39 East AND ALSO the South 440 feet of the North 880 feet of the Southwest $ of the Northwest $ 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 $ of the Northwest I of Section 25, as recorded in OR Book 650 Page 2390 of the public records of Indian River County, Florida. Said tract being in Indian River County, Florida. NOW ZHR[ME'ORE, BE IT RESOLVED BY THE BOARD OF COUN'T'Y CO1SUSSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing recitals are affirmed and ratified in their entirety. 2. A project providing for paving and drainage improve- ments to 11th Lane Southwest 1245'± West of Old Dixie Highway, hereto- fore designated as Public Works Project No.8425, is hereby approved subject to the terms outlined above and all applicable requirements of Ordinance 81-27. The foregoing resolution was offered by Commissioner Wodtke who moved its adoption. The motion was seconded by Commissioner Bowman and, upon being put to a vote, the vote was as follows: Chairman Patrick B. Lyons Aye Vice -Chairman Don C. Scurlock, Jr. Aye Commissioner Margaret C. Bowman Aye Comni.ssioner Richard N. Bird Aye Commissioner William C. Wodtke, Jr. Aye The Chairman thereupon declared the resolution duly passed and adopted this Ilth day of December, 1985. Attest: FREDA WRI(MT, CleXk APPROVED AS TO FORM AND LEGAL SUFFICIENCY sy County Attorney's Office BOARD OF COUNTY CONMISSIONERS OF IND COUNTY, FLORIDA Chairman Approved for Public Works matters: CX) J W. Davis, P.E. /-/ 7 - 9C— JAN BOOK 63 Fc 2 JAN 8.1996 63 Pn-L 207 There being no further business, on Motion duly made and Seconded, the Board adjourned at 11:45 o'clock A.M. ATTEST: Clerk 74 Chairman