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HomeMy WebLinkAbout9/2/1986� r � Tuesday, September 2, 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 Tuesday, September 2, 1986, at 9:00 o'clock A.M. Present were Don C. Scurlock, Jr., Chairman; Patrick B. Lyons, Vice -Chairman; Richard N. Bird; Margaret C. Bowman; and William C. Wodtke, Jr. Also present were L. S. "Tommy" Thomas, Acting County Administrator; Charles P. Vitunac, Attorney to the Board of County Commissioners; Joseph Baird, OMB Director; and Barbara Bonnah, Deputy Clerk. The Chairman called the meeting to order, and Commissioner Lyons led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Scurlock requested the following additions -to today's Agenda: 1. A budget amendment to purchase Savin V-35 copier for Judge Kilbride's Office. 2. Permission to obtain a quote from the Florida League of Cities on County Insurance. Attorney Vitunac requested the addition to today's Agenda of a recommendation by the Planning Department to file a law suit against the School Board for not following site plan procedures in the building of two new schools. Administrator Thomas requested the addition of approval of recent negotiations on the 1986-87 contract with CWA. `�n z : VSEP 2 9986 BOOK V as �i. 5 E Boa 65 m.,) -L 538 ON MOTION BY Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously added the above items to today's Agenda. APPROVAL OF MINUTES The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of August 13, 1986. Commissioner Lyons noted that the date of November 7, 1986 date mentioned on Page 37 of the Minutes and Page 2 of Ordinance 86-60 under E. Meetings, should be corrected to read: "November 17, 1986." ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously approved the Minutes of the Regular Meeting of 8/13/86, with the corrections as set out above. The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of August 20, 1986. Commissioner Lyons noted that on page 2 in the discussion on Sandridge Golf Club, it should read "building permit" instead of "certificate of occupancy", and that the heading should be corrected also. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, -the Board unanimously approved the Minutes of the Regular Meeting of 8/2.0/86 with the corrections as set out above. The Chairman asked if there were any changes or additions to the Minutes of the Special Meeting of August -.27, 1986. �3 2 ry Commissioner Lyons requested that the wording in the second paragraph on Page 1, where it states "the County might have to extend our contract with the architect" be changed to read: "the County might have to extend the completion time in the contract." ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously approved the Minutes of the Special Meeting of 8/27/86, with the corrections as set out above. CONSENT AGENDA Commissioner Bowman requested that Item B be removed from the Consent Agenda for discussion, and Commissioner Wodtke requested that Item D be removed also. A. Final Payment to Ted Myers Contracting Co, Inc. - Gravity Sewer Line at County Jail The Board reviewed the following memo dated 8/13/86: TO: THE HONORABLE MEMBERS OF DATE: August 13, 1986 FILE: THE BOARD OF COUNTY COMMISSIONERS THROUGH: L.S. Tommy Thomas, Acting County Administrator SUBJECT: James W. Davis, P.E. Public Works Director Michelle A Terr Y Final Payment to Ted Myers Contracting Co., Inc Gravity sewer line at County Jail. Public Works Project 8236 FROM: civil Engineer REFERENCES: DESCRIPTION & CONDITIONS Construction of the gravity sewer line was completed by August 1986. The original contract of $14,609.52 was increased by a change order in the amount of $6,931.50 making a total contract price of $21,541.02. Final inspections by members of the Engineering Staff have been conducted. The staff is satisfied that the project has been completed properly and within the specified time requirements. 3 SEP 2 1986 BOOK 65 FADE 539 Boa 65 F'nl)F 540 SEp 2 1986 RECOMMENDATIONS AND FUNDING The Engineering Staff recommends that final payment in the amount of $21,533.92 which is $7.10 less than the contract -price, to be remitted to Ted Myers Contracting Co., Inc. Funds will come from the''Jail Construction 'Phase 1, #302-906-523.066-51. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously approved final payment in the amount of $21,533.92 to Ted Myers Contracting Co., Inc. for the construction of the gravity sewer line at the new County Jail, as recommended by staff. FINAL PAYMENT AUTHORIZATION IS ON FILE IN THE OFFICE OF THE CLERK B. Bid Acceptance, Gifford Park Baseball/Softball Field Lighting The Board reviewed the following memo dated 8/25/86: TCS: UM HONORABLE MEMBERS OF DATE: August 25, 1986 THE BOARD OF COUNTY CCMMISSIONERS FROM: THROUGH: L.S. Tommy Thomas ActinKcia, Administrator SUBJECT: P.E. County Engineer FILE: Bid Acceptance Gifford Park Baseball/ Softball Field Lighting ichelle A. Terry REFERENCES: Civil Engineer BACKGROUND INFOAKATION The Engineering Department has prepared plans and specifications for the Baseball/Softball Field Lighting at Gifford Park. DESCRIPTIONS AND CONDITIONS Advertisements for bids were placed in the 'Press Journal on August 11th,- 12th, and 13th and the Engineering Staff was available on August 19th for prebid conference to answer specific questions by any interested contractors on the plans and specifications. 4 r � Bids were received on Friday, August 22, 1986 at 10:00 a.m. in the County Administrators Conference Room. present at the bid opening were the following staff menbers: Mrs. Carolyn Goodrich, Manager Purchasing Ms. Michelle Terry, Civil Engineer No contractors were in attendance. The bids were received as follows: Canpany Bid All South Utlity Const. Co. $51,395.00 C. R. Dunn, Inc. $48,914.88 The Engineering estimate prepared by the Engineering Department was approximately $40,000.00. RE)OCMENDATIONS AND FUNDING Staff reccamends that negoiations with the lowest - - responsible Bidder, C.R. Dunn, Inc. to obtain a favorable cost to the County. This Bid is based on the local power .Canpany providing service to a location approximately 30' behind and to the South of Pole B-2. Funding is to be from Fund #102-210-572-66.39 Parks and. Recreation Capital Outlay. _ Commissioner Bowman wished to see this item rebid because only two bids were received and the low bid exceeds the estimated cost by $9,000. Administrator Thomas explained that if the Board wishes to rebid, it will be necessary for the Budget Department to make some arrangements to carry these funds forward into next year, because we won't be able to get the bid in before the beginning of the next fiscal year. MOTION WAS MADE by Commissioner Bowman, SECONDED by Commissioner Lyons, that the Board authorize staff to rebid this item. Under discussion, Administrator Thomas noted that we were not able to complete 2 or 3 of the budgeted projects for this fiscal year and that several others were done for less than what was anticipated; therefore, there are sufficient funds even for the $49,000 figure. That is the reason why he is recommending that the funds be carried forward. He was not sure that we would 5 1986 BOOK.�.g 541 SEP r- SEP 2 1986 -7 A BOOK F'.")F 542? do any better by rebidding, but with a little more time, we may be able to get 2 or 3 additional bids. Commissioner Bird suggested that the Motion read that staff is authorized to renegotiate with the low bidder to try to bring the project within budget, but, if unable to do so, that we then reject all bids and go out for rebid. Commissioners Bowman and Lyons agreed to amend the Motion to include Commissioner Bird's suggested wording. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion, as amended, was voted on and carried unanimously (4-0). BOARD OF COUNTY COMMISSIONERS 1840 25th Street - -Vero Beach, Florida 32960 BID TABULATION v" BID NO. DATE OF OPENING \\ Aug. 22, 1986 ` BID TITLE Gifford Park Baseball/ v Softball Field Lighting C % "-S: .V4 NO.' DESCRIPTION ' I UNIT PRICEI UNIT PRICEI UNIT PRICEI UNIT PRICE UNIT C. Budget Increase for Computer Maintenance The Board reviewed the following memo dated 8/26[86: 6 TO: Honorable Board of DATE: August 26, 1986 FILE: County Commissioners SUBJECT: Budget Increase for Computer Maintenance FROM: Freda Wright, '�f�• REFERENCES: Clerk of the Circuit Court Please adopt the following budget amendment for the Clerk to the Board: Increase 010-000-369-040.00 Reimbursements 4,500 010-300-513-030.00 Operating Expenditures 4,500 During July and August, 1986 the computer was knocked out of service twice by severe thunderstorms. To bring the computer back up, -it was necessary to have IBM technicians come in on the weekend to repair' the computer. Since our maintenance contracts do not cover weekend repairs, the cost of the repairs have caused us to overspend our maintenance budget. have received $4,500.00 from outside sources for the use of my data processing -.personnel and computer equipment. I would like to use those funds to pay for the repairs to the computer. Adoption of the requested budget amendment will not require the use of any County funds. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously approved the above budget amendment, as recommended by Freda Wright, Clerk of the Circuit Court. VA SEP Z -IJ66 BOOK aooK 65 c,,�(,,F 544 D. Budget Amendment_- Unemployment Compensation The Board reviewed,the following memo dated 8/27/86: TO: Honorable Board of County DATE: August 27, 1986 FILE: Commissioners SUBJECT: Unemployment Compensation FROM: Jos ph A. Baird REFERENCES: OMB Director Account Number 001-906-523-012.15 001-199-581-099.91 CYDI AMATTMI. Account Name Unemployment -Compensation Reserve for Contingency ---.:Increase 'Decrease $ 568 $ 568 Budget amendment is to allocate funds to pay for unemployment compensation as per attached invoice. Contingency Balance As of 8/27/86 $69,152 Commissioner Wodtke asked if there were any appeal provisions in this unemployment compensation case, because it - appears that we did not do a good job in documenting our evidence, and Commissioner Bowman agreed that it looks to be very badly handled. She understood that the man was fired and then was told that he could appeal, which seems to be a reverse procedure. Assistant County Attorney Jim Wilson believed the only appeal left to the County is through the District Court of Appeals on the grounds that we believe the referee did not follow the proper rules. Commissioner Wodtke was concerned because it looks like the County's testimony was hearsay. 8 Attorney Wilson explained that the employee actually resigned; therefore, he was never actually terminated, and the reasons for termination cannot be introduced as evidence. The bottom line is that former County Administrator Michael Wright was wrong in accepting his resignation and should have gone ahead and fired him. Commissioner Wodtke hoped that we have learned a lesson in this situation, and Chairman Scurlock felt the main question is whether we are going to pay the $568 or go to court. Commissioner Bowman felt we should chalk this up to an expensive lesson.. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously approved the above budget amendment, as recommended by OMB Director Joe Baird. E. Budget Amendment - IBM Printer The Board reviewed the following memo dated 8/26/86: TO: The Honorable DATE: August 26, 1986 FILE: Members of the Board of County Commissioners _ THRU: Joe Baird Director, OMB—' SUBJECT: IBM PRINTER THRU: H.T. "Sonny" Den Director, General ervices -FROM: Don Cureton REFERENCES: County Probation Department An IBM Printer is not a part of the 1985-86 fiscal year budget. Approval to purchase a printer and process a line item transfer is requested. The invoice for the first CRT, which was budgeted and purchaed in the 1984/85 budget, was billed.against the Probation Capital Outlay Account in July, 1986. A line item transfer is requested to reinstate the funds to this account (001-908-523-066.41) from the All Office Supplies Account (001-908-523-035.11). The amount of funds to be transfered is $1,035.00. Purchase of a second CRT for the Probation Department is budgeted and will be ordered. Data Processing is developing programs to computerize three (3) areas which currently constitute the major portion of the Probation System. 9 SES 2 Bov 65 FAGE545 SES' 2 1986 BOOK 65 4'gGc.54 Approval of the printer would allow for printing of the daily, weekly and monthly reports to be produced. The printer would also provide_a means of printing dockets and documentation from the Clerk of Courts records. The goal of Data Processing is to have the Probation System in operation by September 12, 1986. It should be noted, that in order to make the IBM Printer a cost effective item, the equipment would be available for other departments use as the need arises. Mr. Don Hylton has indicated a printer to meet the needs of the Probation Department would cost approximately $2,800.00. Should purchase of the printer be approved, it is further requested $1,500.00 be transferred from account number 001-908-523-035.11 (All Office Supplies) to account number 001-908-523.066.41 (Capital Outlay). Account number 001-908-523-035.11 (All Office Supplies) has more. than ample funds to handle the requested transfer and still leave enough for operation for the remainder of the fiscal year. The reason for the surplus monies is due to the fact that the budget was prepared prior to the opening of the County Probation Department on August 16, 1985. Therefore, the exact amount of monies needed for this account was unknown at the the time of preparation. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously approved the pLrrchase of an IBM Printer for the Probation Department at a cost of $1,035.00 and approved the following budget transfer. = - -TO: Honorable Board of County DATE: -August 26, 1986 FILE: Commissioners FROM: J ose . -Baird OMB Director SUBJECT: Budget Amendment for Probation Dept. to Purchase a Printer REFERENCES: Account Number Account Name Increase Decrease 001-908-523-035.11 - All Office Supplies 1,500 001-908-523-066.41 Office Furniture R, Equip. 1,500 FXPI ANATTMI• Budget amendment is to purchase a printer for Probation at a cost of $2,800. An additional $1,500 needs to be transferred to accomodate the purchase. 10 F. DER/ARMY CORPS/DNR PERMIT APPLICATION - JAMES GARWOOD The Board reviewed the following memo dated 8/26/86: TO: The Honorable Members DATE: August 26, 1986 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: D.E.R., ARMY CORPS AND D.N.R. PERMIT APPLICA SUBJECT: TIONS Robert M. Kea�elopir(ent jing, .IgCP Planning & De Director FROM:Art Challacombe REFERENCES: DER/Garwood Chief, Environmental Planning DIS:ARTCHA It is requested that the data herein presented be given formal - consideration by the Board of County Commissioners at their `- regular meeting of September 2, 1986. DEPARTMENT OF ENVIRONMENTAL REGULATION APPLICATION FILE NO. 31-14000-4 - Applicant: Mr. James Garwood, 1835 20th Street, Vera. - Beach, Florida, 32960. - Waterway & Location: The project is located in the Indian River in John's Island, adjacent to Lot 2, Section 13, Township 32 South, Range 39 East, Indian River County, Florida. The upland property associated with the project is located in the Town of Indian River Shores.- - Work & Purpose: The applicant proposes to construct a private single 4' x 50' dock with a 40' x 6' observation deck for a total of 520 square 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 The project is located in the Town of Indian River Shores. Therefore, the focus of staff review is on potential County and regional impact rather than site-specific impact; an in-depth field inspection of the project site was not conducted. Chapter 16Q-20 of the Florida Administrative Code sets para- meters 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. I 11 C86 Boa 65 rvIi,-.54`� 2 � Ar SEP 2 IS86 BOOK 65 c u- 548 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 autho-•- rize staff to forward the following comments regarding these projects to the Florida Department of Environmental Regulation: 1) 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 require- ments of Chapter 16Q-20, Florida Administrative Code; 2) The Department of Environmental Regulation and other appropriate agencies should consider the potential cumu- lative impacts of dockage projects upon the Florida Manatee; 3) The Department of Environmental Regulation and other appropriate agencies should evaluate the potential impact of marina projects on ecologically significant submerged bottomlands-such as seagrass beds in the Indian River. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously authorized staff to forward the comments as set out in the above memo to the DER. G. DER/ARMY CORPS/DNR PERMIT APPLICATION - KELLY LLOYD The Board reviewed the following memo dated 8/19/86: TO The Honorable Members DATE: August 19, 1986 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: D.E.R., ARMY CORPS AND D.N.R. PERMIT APPLICA- SUBJECT: TIONS Robert M. K6A4ng,,#TCP Planning & Development Director Art Challacombe Lloyd FROM: Chief, Environmental P1agEFgRENCES: DIS:ARTCHA It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of September 2, 1986. 12 r DEPARTMENT OF ENVIRONMENTAL REGULATION APPLICATION FILE NO. 31-123742-4 - Applicant: Kelly Lloyd, 98 Springlake Drive, Vero Beach, Florida, 32963. Waterway & Location: The project is located in the Indian River in Castaway Cove Subdivision, adjacent to Lot 56, Section 31, Township 33 South, Range 39 East, Indian River County, Florida. The upland property associated with the project is located in the City of Vero Beach. Work & Purpose: The applicant proposes to construct a private single 4' x 40' dock with a 20' x 8' observation deck for a total of 380 square 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 - The project is located in the City of Vero Beach. Therefore, the focus of staff review is on potential County and_regional impact rather than site-specific impact; an in-depth field inspection of the project site was not conducted. Chapter 16Q-20 of the Florida Administrative Code sets para- meters 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 stan- dards and criteria for private single docks. - 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 these projects to the Florida Department of Environmental Regulation: 1) 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 require- ments of Chapter 16Q-20, Florida Administrative Code; 2) The Department of Environmental Regulation and other appropriate agencies should consider the potential cumu- lative impacts of dockage projects upon the Florida Manatee; 3) The Department of Environmental Regulation and other appropriate agencies should evaluate the potential impact of marina projects on ecologically significant submerged bottomlands such as seagrass beds in the Indian River. Sp 2 1906 12a BOOK 65 f'.,E549 L_ i�'Cdr f h,,U 5 vas• -7 SEP 2 19 �''� BOOK "Urr, �U ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously authorized staff to forward the comments as set out in the above memo to the DER. PROCLAMATION - RICHARD PARENT In the absence of Richard Parent, the following proclamation was made a part of the official record: P R 0 C L A M A T 1 0 N WHEREAS, Richard Parent has served on the Indian River County Planning and Zoning Commission since March 11, 1981; and WHEREAS, Richard Parent has shown dedication and care for his community by volunteering his time, energy and expertise to the Indian River County Planning and Zoning Commission; and WHEREAS -;'on July 22, 1986, Richard Parent resigned from his position on the Indian River County Planning and Zoning Commission; NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that Indian River County recognizes' and is grateful to Richard Parent for his unselfish service to the community through the Indian River County Planning and Zoning Commission. DATED this 2nd day of September, 1986. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA ATTEST: Freda G onb�C. Scu lock, Jr.� Chairman NORTH BEACH AREA - WATER AND WASTEWATER UTILITIES The Board 'reviewed the following memo dated 8/21/86: 13 TO: BOARD OF COUNTY COMMISSIONERS DATE: August 21, 1986., THRU: TERRANCE G. PINTO, i` DIRECTOR OF UTILITYY'SS RVICES FROM: RONALD R. BROOKS /�/ v ENVIRONMENTAL ENGINEERING SPECIALIST DEPARTMENT OF UTILITY SERVICES SUBJECT: NORTH BEACH AREA WATER AND WASTEWATER UTILITIES BACKGROUND The water franchise for North Beach Water Company includes the Summerplace and Oceanaire Heights Subdivisions in the utility's service area. As early as September 1983, residents of the two subdivisions requested water service and petitioned -the County, to _ pursue having North Beach Water Company provide the service. =_ This department issued a letter to North Beach Water Company, -- dated November 3, 1983, requesting that the company make arrangements to provide service to the subdivisions as soon as possible; or, if they determined it not financially -feasible to-do so, provide a financial report verifying such. To this date, and after several meetings regarding the., matter, North Beach Water Company has not -provided water service- to the subdivisions and has not provided justification for not doing so. Instead, the utility has recently expanded its distribution system to provide service to the Indian Trails Subdivision. By doing so, they have extended service outside of their franchised service area without approval by the Board and prior to providing Service to the areas within their existing franchised service area. CONCLUSION The North Beach/Orchid Island area is recognized as an environmentally sensitive area with limited drinking water resources in the island's shallow aquifer and very sensitive surface water resources in the adjacent Indian River Estuary. The area is rapidly developing and,it is essential that a safe water supply along with proper management of wastewater be provided. Following the directive approved by the Board, the Division of Utility Services is investigating the purchase of the various utilities serving the North Beach area. RECOMMENDATION Staff recommends that the Board of County Commmissioners consider the water and wastewater needs of the North Beach area and authorize the following: 1. Approval of the attached proposal for engineering services by DSS Engineers, Inc. to perform an appraisal of all of the water and wastewater utilities in the North Beach/Orchid Island area and explore the value of the utilities for purchase or the establishment of a rate base. 2. Scheduling of a Public Hearing with North Beach Water Company to consider the adequacy of their service and their reasons for not providing water service to Summerplace and Oceanaire Heights, and further, to consider and address violations of their franchise. 14 Bou 65 FADE 551 FF__ SEP 2 1966 BooK 65 F,m-H 552 Utilities Director Terry Pinto advised that we have had some requests for North Beach Water Company to service Summerplace, a residential area, ever since the plant went on line almost 3 years ago, and their reluctance to do so has caused concern on our part that they are only interested in serving their communities, but not their service area which includes Summerplace and Ocean Air Heights. Chairman Scurlock noted that North Beach did, in fact, send out a letter to the residents of Summerplace asking if there was interest in this particular service, and there was a very good response. However, that information has never been conveyed to the County Utilities Dept. He reported that he and Director Pinto are meeting with Bill Sundstrum of North Beach Water next week about their going outside their service area to service Indian Trails, without any authority or even any discussion. He believed there were certain agreements in their franchise that requiref them to service their territory before expanding service to outside areas. He would like to see our Legal Dept. begin ---putting itself in a position to litigate this matter if it -= becomes necessary. Director Pinto recommended that they be brought to a public hearing to explain why they are not servicing the areas for which ---_-.they are granted, and that we start looking a.ttaking over all of the -water and wastewater systems on the beach and putting them under the County system. Commissioner Wodtke questioned the proposal for engineering services, and Director Pinto explained that the proposal is to evaluate the North Beach Water plant, the Marsh Island water plant, Sea Oaks wastewater plant, and Baytree, and to look at the present cost and analyze construction costs. Staff is somewhat concerned about the values presented by the company as to what the planbcosts, and feel that they have put things into the construction and engineering of construction that should have been picked up by the developer. Director Pinto stressed that it 15 is a very well-built plant, but it is a little gold-plated because of the asethetics of the community, and whether that is something that we should allow in a rate base is something that we must look at very closely. The total cost of the proposal is $9,280, which includes all of the water and wastewater systems on the beach, and this analysis will be funded out of the budget item under franchises. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously -approved staff's recommendation on Items 1 and -2, and authorized the Legal Dept. to start preparing its position if litigation becomes necessary. Director Pinto explained that this is only the first step. .. After the appraisal is done, they wiil come in for their Public Hearing. If they do not satisfy us at that point, we will have to take other action. PUBLIC HEARING - RALMAR ASSOCIATES, INC. APPEAL OF PLANNING & ZONING COMMISSION'S DENIAL OF THEIR REQUEST TO REZONE 26.2 ACRES FROM A-1, AGRICULTURAL, TO RS -6, SINGLE-FAMILY RESIDENTIAL DISTRICT The hour of 9:10 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to wit: Sip 16 BOOK 65 SEp 2 1386 BOOK F'"�r.5l VERO BEACH PRESS -JOURNAL Notice, oticoNheaC 9 to consderr the ad e option of a County ordinance rezoning land from: A-1, Agricultural District to RS -6, Single -Family Resf- Published Weekly dential District. The property is presently owned by Reimer Associates, Inc, and is located east of 58th Avenue (C R. 505-A) and north of 16th Vero Beach, Indian River County,Florida street ' The subject property is described as All that part of the southwest y/, Af the COUNTY OF INDIAN RIVER: r' South;`Range38East,lyk�gsouthof,the ` In Canal, as shown by unnumbered' STATE OF FLORIDA tract marked "Copeland on plat of In- Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath dian'River Farms recorded on page 2$e of Plat Book 2, .Public Records o!`7St says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published Lucie County Florida at Vero Beach in Indian River Count Florida; that the attached co Y, copy of advertisement, being LESS' AND EXCEPT It a parcel d8. scribed as follows: From the southwest corner of Section 4;: Township 33 south' �- � Range 39. East;,. indian ' River County - Florida, rulI. east along the south line. o a s Section 4a distanes of 80 fest;to a pbinl on the east right -of -Way lintl' of Lateral` � - .'B" right -,of way,,thence continues Bast` in the matter of " ( 4 � along the -same* line, a distance of 2i�_ feet to the Pomt of Beginning. of the par cel herein described thence run nbfth`_ 280 feet;: thence run east 319 f r thence run south 280 feet;'thenae rdifq west 319 fast to the Point df;Beginnin ski and.,,_ LESS AND E>)�EPt,the West eq ie€if, in the Court, was pub - being rfghtof Way�ac f atetdlkx$ "W, W,, Canal• an I LESS ANb EXCEPT, the south 30 feet` lished in said newspaper in the issues of thereof being the right of way -tor Rose =' wood Aoad(,16thStrest), , . Said, land`now lying and'being in krdiari;," River'' ,County, orida and contain 28 23S cres more I Affiant further says that the said Vero Beach Press -Journal is a newspaper published at a so I' t of tha declsion by a Planning s Vero Beach, in said Indian River County, and that the said newspaper has heretofore onIng' Commission,tordehlr the rezoning` been continuously published in said Indian River County, Florida, weekly and has been entered° The public hearing; at which partieg,in rest as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida and citizshall-have�an opportunity ens heardwill be held- y the.43oard bf,Coa i for a period of one year next preceeding the first publication of the attached copy of adver- mmtsso' of IndlaA Mver.County Flom tisement; and affiant further says that he has neither paid nor promised any person, firm or n the •County Commission Chambers corporation any discount, rebate, commission or refund for the purpose of securing this adver- urity Adminflgtraffon.Building, located a# If tisement for publication in the said newspaper. eetr Vero Beach Florida da 01;luesd 5th Strptember,2,188$;40:10A M, „F he Board }of a Courriy Comm{ssiohere rt rants rezoning to "a less'intenob zoning disti Sworn to and subscribed befre mV�his(�day of A.D. than., the district°requested provided itis will (Business Manager) meds5 wh-teFrInelr�dertesnldorg+-and 6 den upon which the appeal la, bas@d `�.'+✓ ""r (�tR .r--- L �, ,, ,a Indian River 0641 Board;of County Commissfoners (Clerk of the Circuit urt, Indian River County, Florida) By: -s Dong ScurlockJr (SEAQ Chairman ug. 14 The Board reviewed the following memo dated 8/22/86: TO: The Honorable Members DATE: August 22, 1986 FILE:of the Board of County Commissioners DIVISION HEAD CONCURRENCE: SUBJECT: RALMAR ASSOCIATES, INC. Robert M. a ting, A APPEAL OF PLANNING & Planning & Development Director ZONING COMMISSION'S DENIAL OF THEIR REQUEST TO REZONE 26.2 ACRES FROM A-1, AGRI- FROM:CULTURAL DISTRICT, TO REFERENCES:RS-6, SINGLE-FAMILY Richard Shearer RESIDENTIAL DISTRICT Chief, Long -Range Planning Ra mar Memo ric It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of September 2, 1986. 17 DESCRIPTION & CONDITIONS Ralmar Associates,- Inc., is requesting to rezone approximately 26.2 acres located on the north side of 16th Street and the east side of Kings Highway from A-1, Agricultural District, to RS -6, Single -Family Residential District. The applicant intends to develop this property for a single-family detached subdivision. On July 24, 1986, the Planning and Zoning Commission voted 4 -to -0 to deny this request. The Commission gave as their reasons for denial that this area was probably incorrectly designated LD -2 on the Comprehensive Plan based on the low-density development of the area and that the proposed zoning would allow higher density residential development that is not in character with the neighborhood. The applicants formally appealed this decision on July 25, 1986. 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 a citrus grove. North of the; subject property, across the Main Relief Canal, is a.. -power substation, a restaurant, and a single-family house zoned CG, General Commercial District, and a commercial subdivision being developed in a CL, Limited Commercial District. East of the subject property are single-family residences and a citrus grove - zoned RS -6. South of the subject property, across 16th Street, is Kingswood Estates, a single-family subdivis-ion_ under development zoned RS -3, Single -Family Residential District. west of the subject property, across Kings Highway, are citrus groves zoned A-1. In addition, the subject property surrounds a single-family house on three sides. Future Land Use Pattern The Comprehensive Plan designates the subject property and the land east of it as LD -2, Low -Density Residential 2 (up to 6 units/acre). The land north of the subject property is part of the 160 acre Kings Highway and State Road 60 Commercial Node. The land south of the subject property is designated as LD -1, Low -Density Residential I (up to 3 units/acre). The land west of the subject property is designated as RR -1, Rural Residential 1 (up to 1 unit/2.5 acres) . The proposed RS -6 zoning is in conformance with the LD -2 land use designation and is consistent with the RS -6 zoning to the east of the subject property. Transportation System The subject property has direct access to 16th Street, a paved road classified as a secondary collector street on the Thoroughfare Plan. Moreover, the subject property has indirect access to Kings Highway, a paved road classified as an arterial street on the Thoroughfare Plan. The maximum development of the subject property under RS=6 zoning could generate up to 917 average annual daily trips (AADT). Both 16th Street and Kings Highway function at level -of -service "A" and this additional traffic would not lower this level -of -service. 18 BOOK 65 FnUF 555 SEp 2 1986 Environment BOOK 65 The subject property is not designated as environmentally sensitive nor is it in a flood -prone area. T14 -i l i 4- .. .+ County water is available from the County water main which runs along the west side of Kings Highway. County wastewater service will be available if the developer extends a line from the force main located south of State Road 60 on the west side of Kings Highway and reserves capacity at the west county subregional wastewater plant. RECOMMENDATION The Planning -and Zoning Commission denied this request for the reasons cited in the Description & Conditions section of this memorandum. '-The staff respects the Planning and Zoning Commissions position; however, based on the above analysis, particularly the facts that the proposed rezoning is in conformance with the Comprehensive Plan, is consistent with the RS -6 zoning to the east, the subject property has good access to the transportation network, and that County utilities are available, staff recommends approval. Richard Shearer, Chief of Long -Range Planning, felt the area was a unique situation, as far as the Comprehensive Land Use Plan is concerned, because -it has 4 different land use designations. He pointed out that the property to the east and to the southeast has developed at a very low density, generally on lots of 1/2 acre or more. Chairman Scurlock felt the main concern is that the only - access to the development will be from 16th Street due to the canal running to the west and north of the property. He stressed that 16th Street (Rosewood Road) does narrow down as it --_-approaches-Kings Highway and that the County did manage to save the old oak tree that was so close to the road. Although he realized that the developer does not intend to develop at the maximum density, he pointed out that the land could be sold after it is rezoned. It seemed to him that RS -3 would be more appropriate than RS -6. Richard Shearer, Chief of Long Range Planning, pointed out that the developer would only be able to get 4.3 upa even if it was zoned at RS -6. However, with RS -3 the minimum size of the house is 1200 square feet of living area, and the minimum under RS -6 is 750 square feet. He noted that if the RS -6 was granted, 9 19 W the developer could request a higher density through a PRD review, which would require another set of public hearings. Chairman Scurlock asked if it might be possible for the developer to obtain a permit from the Farms Drainage District to place a bridge over the.canal to obtain access to the development from Kings Highway. Public Works Director Jim Davis could not speak for the Farms Drainage District, but felt that it would be very difficult to obtain a permit to place a bridge across the canal at that point because of its proximity to the existing bridge at 16th Street, whi.ch is -.too narrow and does -not meet current - requirements. - Chairman Scurlock pointed out how difficult it is to see over the guardrails on those bridges to check for oncoming traffic before pulling out'on Kings Highway, and Director Davis stressed that Kings Highway is a: -problem in itself and the County needs to expand it westward. Samuel Block, attorney representing Ralmar Associates, Inc., the parent company of Ralmar Realty, circulated two color -coded maps of the area bounded by 43rd Street on the east, K-ings Highway on the west, SR -60 on the north and 16th Street -to the south. One map depicts the densities under the Comprehensive Land Use Plan and the other shows the current zoning districts. Attorney Block emphasized that the property in this area was zoned R6 in 1957, long before the Comp Plan was adopted and long before all the fancy zoning districts were established. When the Comp Plan was adopted in 1982, the whole area from 43rd Avenue to Kings Highway, except for the commercial along SR -60, was designated at LD -2. He felt that 16th Street seems to be a dividing line between RS -3 on the south and RS -6 to the north. Referring to the map showing the zoning districts, he noted that all of the districts are standard, single-family residential zoning, with the exception of the A-1, which is an agricultural holding area. Whenever this area comes under review, however, 20 S E P 2 1986 aooK 65 F,r4cr 557 F__ -7 1986 BOOK 6t`5 the recommendation always has been to wait and see how it develops. Attorney Block explained that when the Comp Plan was adopted in 1982, this area was in groves and there are 26 acres still in groves that are being maintained. He pointed out that there are other undeveloped acres along 16th Street which are entitled to develop at RS -6 and emphasized that all they are asking for is the same basic zoning that has been there all along. Attorney Block concluded by emphasizing that their main evidence is the two maps which show the same zoning (RS -6) and land use designation (LD -2) since 1957, and urged the Board to uphold the appeal and grant the RS -6 zoning. Commissioner Bird pointed out that when the Comp Plan was adopted, it created quite a lot of nonconformity in some areas which they realized would have to be brought into zoning conformance eventually. He asked staff to explain why some of the area was left at Agricultural, and Mr. Shearer explained that staff_ r=ecommended downzoning a lot of property that was in nonconformance, but did not recommend rezoning to a higher -.-density any Agricultural property that was still in groves. In those cases, staff felt it was up to the individual property owner to apply for rezoning. Basically, they left agricultural property alone. Chairman Scurlock believed this is the exact same situation as the one in Winter Beach, and asked staff why they did not consider RS -3 for that entire area since the majority of it has developed at low densities --large homes on large lots. Mr. Shearer advised that we may want to do that, but we have to be careful because there is an existing subdivision northeast of the subject property which has developed at RS -6. Commissioner Wodtke noted that when a postponement of this public hearing was discussed during the meeting of August 26th, he personally felt that we needed to take a better look at the entire area because there is other undeveloped property along that road which is currently zoned RS -6. From a legal standpoint 21 he would feel a lot better by addressing the entire area, and he had asked Director Keating if the County could initiate something like this, but was told that it was a very large project and could not be done until January when amendments to the Comp Plan are considered. However, he still has a problem with RS -6 and realized that there are other property owners immediately adjacent to this parcel who do not want RS -6. Chairman Scurlock wished to see this property zoned at RS -3 and then have a County -initiated request to consider the entire area for RS -3. Attorney Vitunac did not see any problem with taking action on this matter today one way or another, and advised that the Board can pass a Motion instructing staff to consider a zoning to be consistent for the entire area. William Brown, Chairman of the Board of Ralmar Associates, emphasized that Ralmar has done :everything they can to protect the quality of life in Indian River County over the years and they are in favor of controlled growth. Fortunately, the - ordinances passed by the City of Vero Beach and Indian River County are very strict and some of the best in Florida-. He stressed that they are not talking densities, but proper_ zoning. There is no way they can get 6 upa; they have investigated this and feel it would be difficult to get even 4 upa. Mr. Brown noted that Ralmar has built many fine projects of the highest quality over the last 15 years and plan on developing this subdivision with medium-sized, beautiful, even elegant, single-family homes in a park -like atmosphere with many trees. He realized that talk is cheap, but stressed that the Board should consider the many quality developments Ralmar has built over the years and the fact that they always have fulfilled their promises and more. Mr. Brown believed that if they are not given RS -6, the result will be spot zoning, and that once you deviate from the Comp Plan, it all falls apart. Mr. Brown emphasized 22 L2 Sr�21986 Boa 6 F't,,c 559 SEP 2 1986 BOOK 6,5 Pk -,F560 that Ralmar does not want special treatment; they just want the same zoning that other parcels have in that area -- RS -6. Commissioner Wodtke asked Mr. Brown why Ralmar has a problem with RS -3 when it is practically impossible to get 4 upa with the RS -6, and Mr. Brown explained that they had their architect work with the restrictions of the RS -6 and he worked it out to just under 4 upa. He stressed that this is not an economical problem with them; it is a matter of concept, and under the RS -3 they could not follow that concept. They want the latitude to put on it what they want to, and he stressed that these are not attached dwellings nor is it a zero lot line development. They want to build residences for people who want to live in a single-family home without a large yard to keep up, and all maintenance would be done by the association, which would be run by the members. They plan on building -homes of 1555 square feet of living space with a double garage plus approximately 1600 sq, ft. of courtyard. Commissioner Bird felt that the proposed development is very d ose to RS -3 to accommodate what the other residents in the area = n can feel comfortable with. Mr. Brown agreed it is close to RS -3 and that was one of the reasons they asked for the postponement so that they could have time to talk with the residents to tell --them what they are planning and arrive at some sort of a solution. Chairman Scurlock noted that if the RS -3 is granted today, Ralmar still has the option of pursuing higher densities through a PRD, but Mr. Brown felt that people in the area still would be opposed to anything they want to do and Ralmar does not want to Put themselves in that position. Miles Mank stated that he and -his wife, Shirley, have lived on 16th Street for years, and they feel RS -6 would establish a precedent for higher densities on other properties in the area that are still undeveloped, and would depreciate the values of the existing developed property. He was very concerned about the 23 impact of the increased traffic and the safety of the children along that narrow road. He stressed that if more than 3 upa are allowed, there will be a great demand on the resources in that area. Mr. Mank urged the Board to preserve the dignity and beauty of this street by limiting the density to 3 upa. George Beuttell, 5480 16th Street, also wished to have the dignity and beauty of the area preserved. He emphasized that if this parcel is allowed to develop to its maximum limit at 6 upa, then Dr. Ames would have to be allowed that same density on the 25 acres that he owns immediately to the east. In addition, Mr. Beuttell noted that his mother's 25 -acre parcel -is is a little_ further east and with Ralmar's 25 acres, there would be approxi- mately 85 acres that would be able to develop at RS -6. He urged the Board to consider the impact that would result and limit the density to 3 upa. Jim Sharp, 1616 51st Court,_ pointed out that the canal running in back of this area to the north provides a natural buffer to the commercial property along SR -60. The area is unique in that access is very, very limited. He noted that when he built his home he had to appear before this Commission to get permission to build on a lot that was less than one acre_, and now we are talking about 6 upa. Mr. Sharp emphasized that the area has developed at 1 or 2 units to an acre, with the exception of one subdivision in back of Winn Dixie. Dr. Donald Ames, owner of 25 acres east of the subject property, felt that the parcel in question should not be allowed to develop at 6 upa because of the character of the neighborhood, and stated that although his property has RS -6 zoning, he does not intend to develop it at those densities. Chairman Scurlock entered into the record a petition which has been signed by approximately 72 residents and owners who are opposed to the RS -6 zoning. PETITIONS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 24 E 2 1986 BOOR 65 561 FF'__ SES 2 1966 Boa 65 P,,,IJE 552 Dr. R. H. Vinson stated that he lives in the middle of the area being rezoned and never envisioned their property would go from A-1 to RS -6. He pointed out that there was never any discussion about that possibility during the public hearings on the adoption of the Comp Plan. He further stressed that the people in the area are not really enthusiastic about the 3 upa development across the street from the parcel in question. He believed that RS -1 would be more in keeping with the neighborhood: Augusta Vinson, asked those people to stand who are in opposition to the RS -6 zoning, and practically everyone in attendance stood up. Ed_Schlitt wished to have the following letter he sent in made a part of the record: 13 ITL -10 ex= M 321 -21ST STREET, P.O. BOX 6007, VEI August 6, 1986 Mr. Richard Bird Indian River County Commiss 1840 25th Street Vero Beach, FL 32960 REALTORS $I IDA 32961-6007 PHONE (305) 567-1181 AUG 1986 L Q Co:,:....�s ��.�•s BQM1RDEOlftdtlL � At�..r�t;;,t CCM.MISSIONERS Commuriiz Dev, Utilities Finance Dear Dick: Other As you know, we head up a group that is in the process of developing Kingswood Estates, which is located on the south side of Rosewood Blvd. and Kings Highway. Recently, there was a Planning & Zoning hearing in which Ralmar discussed the possibility of a - development using zero lot line concept that would involve between 4 and 5 units per acre. This type of development would meet the Comprehensive Land Use Plan which apparently had been amended in 1985 to allow those properties north of Rosewood Blvd. to have a higher density because water and sewer would be available to that area. As you know, that particular area between 43rd Avenue and Kings Highway on both sides of Rosewood Blvd., has probably the highest value per residence as any of the properties on the west side of the Indian River. Many estate homes are on 25 M M L_ SEP 1 to. 5 acres of land, and because of the trend that had been set a number of years ago and the high quality of the area, is the reason we located Kingswood Estates in this area. I do not know why the property owners in this area were not alert to the fact that a substantially higher density could be developed in those parcels on the north side which actually fall among some of the most attractive homes in the entire area. As a result of the property owners expressing their concerns, Planning & Zoning unanimously (4-0) rejected the proposal as not being in keeping with the other properties along that street. Mr. Brown stopped by to see me a few days before the Planning & Zoning meeting and I must say that he has a good development concept and the type of project that would be successful, but I frankly believe that he is trying to put it in the wrong location. We at Kingswood now have about $1,800,000 invested between the cash that we had put up, plus the mortgage that we have signed, and we have potential buyers that contemplate building their own homes in there, and have held up waiting what final action would be taken. The property owner east of our land is Dr. Ames, and he also owns land to the east of the tract in question. He has indicated that it is his plan to develop his property into 1 acre estates and at the Planning & Zoning meeting he would be re- questing a change in zoning to the 1 unit per acre concept. Any consideration you can give us in this very important matter will be appreci- ated by us and the property owners in the area in preserving the residential values and the image of "a somthing special" street. Sincere.- r's, - fdaar-l. Schlitt - Mr. Schlitt expressed his admiration for Ralmar Associates and noted that if this was a PRD hearing where we knew exactly what would be going on that property, he probably would be supporting it rather than encouraging the Board to take the views of the other residents in the area. Although he does not reside in the area, he does have investors who have invested a substantial amount of money in this area. When they developed Kingswood Estates, their original thought was to have more lots at a lower price, but after talking to Dr. Ames and other residents in the area, they decided to go with 50 lots on 40 acres at a higher price. Mr. Schlitt hoped that the Board would take all of this into consideration. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously closed the Public Hearing. 26 BOOK 6 pnr.- 563 rp'--SEP 2 1966r BOOK 65 f'''urr.564 Director Keating explained that if the Board rezoned it to RS -3, they could not exceed 3 upa even if they went through a PRD hearing; but they would have the ability to modify lot sizes, frontages, setbacks, etc. by working with staff and coming back in public hearings before the Planning & Zoning Commission and the Board of County Commissioners. Commissioner Wodtke understood that during that process, the surrounding neighbors would have an opportunity to come in and express their feelings. MOTION WAS MADE by Commissioner Wodtke, SECONDED by Commissioner Lyons, that the Board adopt Ordinance 86-64, providing for the rezoning of 26.235 acres from A-1, Agricultural District, to RS -3, Single -Family Residential -District. Under discussion, Commissioner Bowman pointed out that there could be as many as 250 houses built on small lots in that area - i -f the remaining properties develop at RS -6, and preferred to see only 1.25 upa like Kingswood Estates. Commissioner Bird asked if the applicant still preferred additional time to work with the surrounding property owners based on the information just presented, but Attorney Block stated that they wished for a decision from the Board this morning. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, by a 4-1 vote, Commissioner Bowman dissenting, the Board directed staff to proceed with the consideration of rezoning the property between 43rd Avenue and the east boundary of the subject property to make it consistent in this area. 27 r ORDINANCE NO. 86-64 AN ORDINANCE 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: All that part of the southwest j of the southwest $ of Section 4, Township 33 South, Range 39 East, lying south of the Main Canal, as shown by unnumbered tract marked "Copeland" on plat of Indian River Farms recorded on page 25 of Plat Book 2, Public Records of St. Lucie County, Florida; LESS AND EXCEPT the parcel described as follows; From the southwest corner. of Section 4, Township 33 south, Range 39 East, Indian River County, Florida, run east along the south line of Section 4 a distance of 80 feet to a point on the east right-of-way line of Lateral "B" right-of-way; thence continues east along the same line a distance of 288 feet to the Point of Beginning of the parcel herein described; thence run north 280 feet; thence run east 319 feet; thence run south 280 feet; thence run west 319 feet to the Point of Beginning; and LESS AND EXCEPT the west 80 feet thereof being the right-of-way for Lateral "B" Canal; and, : LESS AND EXCEPT the south 30 feet thereof being the right-of-way for Rosewood Road (16th Street); Said land now lying and being in Indian River County, Florida, and containing 26.235 acres, more or less. Be changed from A-1, Agricultural District, to RS -3, Single -Family Residential District. 27a �� 600K ID F'r1GE ORDINANCE NO. 86-64 BOOK All with the meaning and intent and as set forth and described in said Zoning Regulations. Approved and adopted by the Board of County 5 F}vuF 566 7 Commissioners of Indian River County, Florida on this 2nd day of September, 1986. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By ZZ Don C. Scurlock, Jr. LOhairman ATTEST BY:ILL FRE A WRIGHT, Cle APPEAL OF CONDITIONS OF SITE PLAN APPROVAL FOR FIRST INN VERO MOTEL/RESTAURANT PROJECT The Board reviewed the following memo.dated 8/21/86: TO: The Honorable Members of DATE: August 21, 1986 FILE: the -Board of County Commissioners --- DIVISION HEAD CONCURRENCE: - - - APPEAL BY REINHOLD AND ,1 GERTRUDE WEIMAN OF Robert M. Keat' g,pycp SUBJECT: CONDITIONS OF SITE PLAN Planning & Dev lopm6ht Director APPROVAL FOR FIRST INN VERO MOTEL/RESTAURANT THROUGH: Michael K. Miller MKM PROJECT --Chief, Current Development FROM: David C. Nearing REFERENCES: First Inn Staff Planner 0- ey DAVEII It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of September 2, 1986. DESCRIPTION AND CONDITIONS: On July 24, 1986, the Planning and Zoning Commission approved a major site plan application submitted by Carter Associates on behalf of Reinhold_ and Gertrude Weiman, owners. The approved site plan proposed the construction of a 31 unit motel and freestanding restaurant. The site location is at 8799 S.R. 60, 600 feet east of 90th Avenue, with the Holiday Inn West abutting to the east and a 7-11 abutting to the west. The proposed project is located on a 2.08 acre parcel of property zoned CG, General Commercial. The site would be accessed by a 24 wide two-way drive off of S.R. 60. The site design provides 28 for 71 off-street parking spaces, exceeding the minimum required number of spaces. The drainage plan, landscape plan, and proposed utilities design all meet County standards and have been approved. The applicant -has agreed to install a 4 ft. wide public sidewalk, grant a 22 ft. wide marginal access easement, and install the majority of the marginal access road with the remainder of the road to be escrowed. The surrounding land uses consist of the Holiday Inn Motel to the east, a 7-11 store to the west, a mobile home park to the south and the Days Inn Motel to the north, across S.R. 60. On August 7, 1986, Carter Associates, Inc. on behalf of their clients formally appealed several conditions attached to the Planning and Zoning Commission's approval of the First Inn Vero site plan. The appealed conditions concern the median cut and other required traffic improvements in front of the project. Specifically, the appeal concerned conditions l.a. and 2.c. These conditions being: A 1. Prior to release of the site plan, the applicant shall: a. agree to construct the S.R. 60 median improvements recommended by the traffic engineer and- submit plans - showing the closing of the 88th Avenue median cut and the installation of a left -turn lane in" the S.R. 60 median to service the Holiday Inn, the 7-11, and the proposed site. These plans shall conform to the design standards and criteria and be approved by the FDOT and the County Public Works Department. This condition shall be subject to FDOT approval of the project. 2. Prior to the issuance of a certificate of occupancy;- the applicant shall: C. construct a westbound left -turn lane in the =S.R. 60 median to service the site, and close the 88th Avenue median cut. All construction shall -meet Coun_t_y and FDOT design specifications. The applicants' contention is that, because this project does not exceed the 1,000 annual daily trips which would automatically require the noted off-site improvements but only adds to the existing traffic at this point of S.R. 60, the full cost of the improvements should not be assessed to this project. ALTERNATIVES AND ANALYSIS As per County Code, whenever a project is expected to attract an annual average of more than 1000 daily trips or 60 trips during peak hours of operation on an annual average basis, the project shall provide such off site improvements such as acceleration, deceleration, and turning lanes as needed [Sec. 23.3(D)(4)(a)]. The figures used to compute annual average daily and peak hour trip rates for a proposed use are found in a manual released by the the National Transportation Research Board located in Washington, D.C. The averages used are based on national surveys of traffic generated/attracted by specific uses. In reviewing this site plan staff examined the traffic impact of this project on the existing median design, both individually and in combination with the existing uses. Though it was. found that tis project did not attract 1,000 trips by itself, when combined with the existing motel and convenience store, the total trips greatly exceed 1,000. Further analysis of the median design at this location revealed several additional problems. These are: 1. no deceleration lane for westbound left -turn traffic on a 55 mph highway; 2. the current storage area for westbound vehicles wishing to make left --turns is limited to one vehicle; 29 SEP 2 Boor 65 F,,4,c 567 L_ ' e P( 6P'�GE ��8 SSP � ���� BOO 3. the offset Holiday Inn driveway in relation to the 88th Avenue median cut east of the site promotes westbound traffic cutting across the eastbound lane in the wrong direction to gain access; and 4. the current eastbound left -turn deceleration and storage lane for 88th Avenue is substandard in size. This analysis caused staff to conclude that adding additional traffic volume to an already bad situation would only cause it to worsen. Currently, it is estimated that the Holiday Inn motel and... 7-11 store are attracting a total of 1,607 annual average daily trips. The First Inn Vero motel and restaurant are expected to attract a total of 612 additional annual average daily trips, bringing the expected total of trips to 2,219. The staff recommended and the Planning and Zoning Commission. agreed that the subject site plan should not be approved without provisions for the necessary traffic improvements to be made prior to CO. Several alternatives for financing the improvements were also suggested by staff. One alternative suggested by the staff was for the applicant to pursue County initiation of a forced petition, whereby the cost of the median improvements would be shared by all the businesses involved. Such a petition would necessitate County Commission action authorizing assessment of benefitting properties to pay for the improvements. In this way, the improvements could be constructed, safety could be enhanced, and each benefitting property_would pay its share. This course of action was supported by the Planning and Zoning Commission in their motion of approval for this project: On MOTION by Ben Baily, SECONDED by Ruth Stanbridge, the Commission unanimously approved the Weiman request for site -plan approval for a 31 unit motel and free-standing restaurant at 8799 20th Street with the conditions as outlined in the memorandum and also recommend to the Board of County Commissioners that the idea of a "forced petition" be looked at that will give relief to First Inn Vero, Inc. in that they are a part of this problem and not the entire problem. (Minutes of the July 24, ' 1986 Planning & Zoning Commission meeting). RECOMMENDATION Based on the analysis performed, staff recommends that the Board of County Commissioners deny the appeal of Carter Associates, Inc. on behalf of*Reinhold and Gettrude Weiman, and affirm the decision of the Planning and Zoning Commission in approving the subject --_site plan with the conditions attached including l.a., and 2.c. The staff also recommends that the Board consider initiatinga forced, assessment for benefitting properties to finance the necessary median and roadway improvements in the vicinity of the subject property. Dean Luethje of Carter Associates spoke in favor of a forced special assessment, and Public Works Director Jim Davis preferred that the design of the median cut be the responsibility of the developer, with the County staff simply doing the assessment roll and holding the public hearing. This would be a 100% assessment with no County contribution. Chairman Scurlock noted that the median improvements still would have to be approved by County staff. 30 ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously denied the appeal by Reinhold and Gertrude Weiman of conditions of site plan for First Inn Vero Motel/ Restaurant Project; and instructed staff to arrange for the design of the median strips by the developer; and to advertise for a public hearing for a forced assessment roll. Discussion ensued regarding the median cuts on SR -60, and Commissioner Lyons advised that the Transportation Planning Committee is having second thoughts about their recommendation on z eliminating the median at 44th Avenue and -SR -60, and Director Davis said that staff is looking at all the median cuts on SR -60. DER/ARMY CORPS/DNR PERMIT APPLICATIONS - GRAND HARBOR The Board reviewed the following memo dated 8/22/86: TO: The Honorable Members DATE: August 22, 1986 FILE: of the Board of County - ' Commissioners DIVISION HEAD CONCURRENCE: D.E.R., ARMY CORPS AND SUBJECT: D.N.R. PERMIT APPLICATION - - Robert M. Kea ng,/"ICP _ Planning & Develo�ment Director FROM:Art Challacombe REFERENCES: Figgie Prop. Chief, Environmental Planning DIS:ROLAND/TM-86-588 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their j regular meeting of September 2, 1986. U.S. ARMY CORP OF ENGINEERS PERMIT APPLICATION NO. 851PK-20563 APPLICANT-: The Schaub Corporation (Grand Harbor) Beachland Financial Center Suite 201 660 Beachland Drive Vero Beach, FL 32963-4212 WATERWAY & LOCATION: The project is located on -the West bank of the Indian River on U.S. 1 between 45th and 53rd Streets in Sections 13, 23 and 24, Township 32 South, Range 39 East, approximately 3 miles north of Vero Beach, Indian River County, Florida. 31 BOOK 6 5 m 599 SEP lg SEP 2 1936 BOOK 6U F�'. E 5 70 WORK & PURPOSE: The applicant proposes to construct a multi - fa mily residential community covering approximately 854 acres with 3000 dwelling units. The project also contains a com- mercial marina, an office park, a shopping center and golf and tennis facilities. Approximately 127,131 cubic yards of dredge material, taken from lakes to be created on existing uplands, will be placed over approximately 39.4 acres of jurisdictional wetlands. As mitigation, a total of 114.0 acres of jurisdic tional wetlands will be created from existing uplands and 5.2 acres of existing wetlands will be rehabilitated. An existing marina basin and entrance channel will be modified for com- mercial use. The marina will provide docking for a maximum of 144 boats, of which one half will be restricted to sailboats. The project site .is located in critical habitat for the West Indian Manatee. The Corps of Engineers consulted with the U.S. Fish and Wildlife Service to determine the impacts this project may have on -the species. It has been determined that, with the inclusion of conditions for the protection of the manatee, the project, if issued, will not jeopardize the continued existence of the species. These conditions include (but are not limited to) educational information, speed restrictions and studies to determine the abundance and distribution of manatees. DESCRIPTION AND CONDITIONS: The Grand Harbor estuarine plan has undergone numerous revisions since the Board of County Commis- sioners approved the Grand Harbor DRI development order on October 23, 1985. In the process of development order compliance, the applicant has removed the previously depicted marina basins, limiting the development to include only the existing basin for marina purposes. In addition, the applicant has increased the amount of "high" marsh that will be preserved or created on site and has prepared a mosquito management plan for the proposed wetland system. Planning staff, as well as the Treasure Coast Regional Planning Council and the Governor's Technical Subcommittee on Managed Salt Marshes is currently reviewing all documents -and plans relating to the estuarine -_-plan. 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 and Policies for the Treasure Coast Region - The Hutchinson Island Planning & Management Plan - The Indian River County Code of Laws and Ordinances - Chapter 16Q-20, Florida Administrative Code In addition to the above referenced documents planning staff is reviewing this application as it relates to the Grand Harbor DRI development order approved by the Board of County Commissioners on October 23, 1985 (Resolution 85-128). Condition number 8(d), Habitat, Vegetation and Wildlife, states that the estuarine system must meet the following performance standards: It (estuarine plan) may include proposals to excavate or fill any wetlands designated as exempted wetlands in Exhibit -9 of this report. Excavation or fill proposals in other wetlands (non-exempt wetlands) shall be limited to those which are necessary to provide for the following management objectives: KVA I II III IV V restoration of tidal exchange between marsh habitat and the Indian River Lagoon; restoration of mosquito control functions and public health values; restoration of water quality; development of adequate nursery habitat for fish; and provisions for adequate flushing. Currently, the plan contains approximately ten acres of non-exempt wetlands proposed to be filled for golf course holes and commercial areas. The applicant proposes mitigation by restoring or creating an equal or greater amount of wetlands in the exempt wetlands and upland areas. This proposal, however, is not consistent with the adopted development order and there- fore, requires that the development order be amended by the Board of County Commissioners. In reviewing the Corps application, staff has also found that the latest estuarine plan proposal by the developer does not coincide with the drawings on the Corps permit application, therefore, it is difficult to adequately review this particular. -- application submittal. It is staff's understanding that the = Corps will forward the most current plans to all the reviewing agencies in the near future. RECOMMENDATION: It is recommended that the Board of County Commissioners autho - - rize staff to forward the following comments regarding this - project to the U.S. Army Corps of Engineers: 1) The public notice sent to Indian River County on August.15, 1986 does not coincide with the latest plans submitted to the County by the applicant. Indian River County will forward its comments and recommendations upon receipt of finalized drawings by the applicant. 2) The Grand Harbor project is currently under- review by Indian River County and the Treasure Coast Regional Plan- ning Council as a development of regional impact with approval subject to conditions established in its develop- ment order (Resolution 85-128). Based upon the application drawings, the developer must obtain an amendment to the development order from the County and Regional Planning Council as well as approval of the final estuarine plan. Chairman Scurlock asked why the Board was even considering this plan since.it appears it must be modified, and Art Challacombe, Chief of Environmental Planning, explained that he wants the Army Corps to understand that we have our own restrictions in the form of a Planned Residential Development review and that the project is also under review by the Treasure Coast Regional Council. Further, he wanted to reintroduce this matter to the Board because the applic-atat is working towards getting a number of approvals to the Planning & Zoning Commission on September 25th before bringing them to this Board in October. 33 L- SEP 2 1906 BOOK 65 FACE 571 FF'_ BOOP( 65 PAGE 572 MOTION WAS MADE by Commissioner Lyons, SECONDED by SECONDED by Commissioner Bowman, that the Board authorize staff to forward the comments as set out in the above memo to the DER. Under discussion, Commissioner Lyons wanted to be sure that this development does not get away from us as it seems to be going into different directions at once. He believed we must make sure that the site plan does not come in for approval before all the other approvals have been obtained. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. CONTINUED DISCUSSION RE GIFFORD COMMUNITY CENTER Chairman Scurlock reported that School Board Superintendent James Burns has said that there are no strings attached to the grant monies available to build the community center, and that _after the School Board builds the center, they will turn the keys over to the County, and it will be up to us to own, operate, and maintain it. Assistant County Attorney Bruce Barkett advised that the specific appropriation in the bill signed by the Governor states that these PECO funds are to be used by the School Board of Indian River County for a capital outlay at Gifford High School. Not knowing what that meant, he wrote to Russ Peterson, the attorney for the School Board, and asked him some particular questions, but has not received any answers as yet. He emphasized that traditionally PECO funds are used or designated for high schools and never used for community centers. Chairman Scurlock did not intend to vote for acceptance of the building, since the County is not looking to be in the community center business. 34 M r M Commissioner Bowman realized that we can certainly use additional educational facilities in this county, but did not feel that a community center is up to the the County Commission. Attorney Barkett stated that when Indian River Shores donated the property to the County, they stipulated that it was to be used for a community center within 3-4 years. Because of that, we can control it and structure the lease any way we want to. Commissioner Bird noted that he has been on vacation since he was appointed liaison on this matter and hasn't had a chance to find out what.requirements are tied to using PECO funds to build this structure. `- Chairman Scurlock wanted to tell the School Board right up front that we want them to own it, operate it, and maintain it, but that if we can be of some assistance, then we will consider it at that time. Commissioner Bird believed that sometimes we have to be a little flexible because there are some areas of the county where the needs are different. He noted this will be brought back to the Board before any commitment is made on accepting the funds to build this community building. These people have had a -dream for years about having this community center, and if there is a possibility of receiving $250,000 in State funds, he felt that we must pursue that and see if we can live with that. Chairman Scurlock just did not want the dream to turn into a nightmare, and Commissioner Lyons believed that we are going to be handed a mickey by the School Board and did not find it very palatable. Discussion ensued regarding having the building deeded directly to the Gifford Community or leasing it to them on a 99 year lease, and Attorney Barkett advised that since we own the land, they cannot build anything without obtaining a building permit. 35 BOOK P�gGEe� SEP 2 1986 BOOK b 5FB,cE5 s Commissioner Lyons questioned that also because it seems they go right ahead and build schools without site plan approval. Attorney Barkett stated he would be glad to take that one to court. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, Commissioners Wodtke and Bird dissenting, the Board by a 3-2 vote authorized the Chairman to communicate with the School Board and indicate that we want to know particulars about what they intend to do with the property and building before we authorize them to place a building there. The Board indicated their willingness for Commissioner Bird to continue to act as -liaison on this matter and bring information back to the Board. MANGROVE ALTERATION VIOLATION - VISTA ROYALE - The Board reviewed the following memo dated 8/25/86: TO: The Honorable MembersDATE: August 25, 1986 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE SUBJECT: MANGROVE ALTERATION Robert M. Kea i g, P VIOLATION: VISTA ROYALE Planning & Dev lopm�,c',ft Director CV -86-08-615 THROUGH: Art Chall c� ombe Chief, Environmental Planning FROM: Roland M. DeBlois R0 REFERENCES: Staff Planner, Environmental Planning Section It is requested that the data presented herein be given formal consideration by the Board of County Commissioners at their regular meeting on September 2, 1986. DESCRIPTION &-CONDITIONS: On August 15, 1986, County staff observed that one (1) black mangrove and five (5) red mangroves had been cut or killed prior to the issuance of a mangrove alteration permit. The location at which this occurred is the Lakeview Clubhouse within the Vista Royale residential development, on Woodland Drive, Section 19, Township 33 South, Range 40 East, Indian River County, Florida. 36 On August 15, 1986, staff met with Mr. Don McNeil, General Manager for Vista Royale. He explained that the mangroves were damaged in their (Vista Royale .Associates) effort to stabilize a drainage canal embankment, which was eroding to a point of potential damage to a swimming pool located behind the Lakeview Clubhouse. He indicated that he was not aware that a mangrove alteration permit was required. Mr. McNeil also stated that he would obtain cord - grass (Spartina patens) and approximately thirty (30) red man- groves (Riz02hora mangle) from Otto Bundy of Horticultural Systems, Inc., to revegetate the embankment. An inspection of the site on August 21, 1986, revealed that, in fact, the embankment was being revegetated, as Mr. McNeil had indicated. If Vista Royale Associates had applied for a mangrove alteration permit prior to the damaging and/or destruction of the six, (6) mangroves., it is staff's position that a permit would not have been issued; stabilization of the east canal embankment could have been performed without necessitating alteration of the six (6) mangroves (which were located on the west bank of the canal). ALTERNATIVES & ANALYSIS: Section 23#-6(a), Tree Protection, of the Code of Laws and Ordi-_ _ nances of Indian River County, Flor-ida prohibits the performance of any mangrove alteration unless a permit has first been issued by the County. The ordinance further specifies that a violation of this provision shall be punishable upon conviction by a fine not to exceed five hundred dollars ($500) for each tree or by imprisonment in the County jail for up to sixty (60) days, or both. - Based upon the number of mangroves that have been illegally-, cut, the property owner faces a maximum monetary fine of $3,000 dollars. In effectuating a settlement, the Board of County Commissioners has the ability to consider any voluntary payment and/or restoration offer from the owner as restitution. STAFF RECOMDIENDATION: Staff recommends that the Board of County Commissioners consider obtaining a voluntary payment of $3,000 dollars, in addition to completed restoration of the area by the property owner- In the event that any such agreement is not forth -coming, staff recom- mends that the Board of County Commissioners grant staff the authorization to pursue available remedies in County Court. Commissioner Bowman noted that the mangroves that were destroyed and damaged were not even on the same bank of the canal that was being stabilized. Mary Kennelly, President of the Vista Royale Association, Inc., pointed out that this is the first time they have been in violation on any of the improvements, and it comes as sort of a shock to them. Don McNeil, General Manager of Vista Royale, presented a site plan showing the location of the canal and why it was necessary to prop up the concrete around the pool area. In their 37 L_ SEP 2 1986 BOOK 65 1'}AGE 5 753 BOOK 6 F,qr efforts to stabilize the area, the equipment went off into the culvert area and this is when the damage occurred. He passed out a blown -up aerial view of the area and stated that this damage was not intentional. The need for a permit was not necessary because their intention was not to go anywhere near the mangroves. He admitted that they did cut off the limb of the black mangrove because it hung over the water, but they did treat the cut afterwards. Art Challacombe, Chief of Environmental Planning, believed that 5 red mangroves were broken to a point where they will not survive; however, he felt the black mangroves will survive. Mr. McNeil stated they would be glad to add to the number of mangroves.being replaced, and Chairman Scurlock could not see fining someone for damage due to an accident. MOTION�WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bowman, that the Board accept the mitigation and ask for additional mitigation and to insure their growth for 5 years. Under discussion, Mr. Challacombe confirmed that it would not take that much of staff's time to monitor the mitigation and the maintenance. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. PRESENTATION ON COMPUTER AIDED DISPATCHING & THE CAD CONSORTIUM The Board reviewed the following brochure pages: 38 r � r CAD Consortium Projected Time Line Start to Develop Fire Module MDT Module Contracts Programming Specifications Completed Completed Signed — Start to Develop April '86 April '87 July '87 Aug. '87 I I I I I Boa. Feb. B6 Start Detailed System Design March '86 The Bottom Line 1. What You Get The CAD Consortium is going to produce a tried CAD system that: ■ Will operate on three different families of computers — AT&T,1�1 Data GeneralO and DEC.@ ■ Is designed for and by Police. Fire and EMS personnel and managers. ■ Will have continued support by members of the CAD Consor- tium — as each agency, makes an improvement it will be shared with other members at no cost. ■ Will use a relational database — Oracle@ s Is the best ever written. Z. How Much It Costs There will be a maximum ex- pense for the development of the CAD system. Each member of the Consortium will pay an equal share. For example, if the total development cost is $600,000 with 20 members, each member pays $30.000 — a benefit of joint cooperation. The potential exists to license the final product to other agencies who are not members of the Con- sortium. Fees charged for licens- ing to nonmembers could pay back the original cost. There are many reasons why Po- lice, Fire and Emergency Medical Service agencies should consider CAD. Simply stated, it runs on a computer system that is affordable, manageable and easy to use, regardless of any agency's size. It also allows specific benefits to be derived: Mttgaated TThose aren't railroad tracks above— they are a common means of moving a complaint card from a call I I Police Module EMS Module Completed Completed Feb. '87 June '87 Test Period t6 mus.I CA® Consortium Executive Committee JULIUS TURNER SANFORD SMITH MARK G. MARTORANO Project Director President Chairman of Review 314-889-2826 919-373-2478 -12-255-935 How to Get Involved CALL OR CALL. Mr. Mark G. Martoranu Mr. Jack Rupert, Director Assis4uu Chid' ul Administr;cion Department of Public Satcty City of Pittsburgh lN.coming County. Pennsyl%ama Pittsburgh. Pennsylvania Williamsport. Pcnnsyhania 412-255-2935 717-327-2-47 Call lNow! ! A PARTIAL 1IENIBERSHIP LISTING INCLUDES: • Alachua County,' Floridd • lNeoniing County. Pennsvlyani;i • Chester County. Pennsylvania • Minneapolis. Minnesota • Denver, Colorado • Pittsburgh. Pcnnsyhania= • Greensbtxo, North Carolina •-St: Louis Countv.Ali..suur_i_ • Hamilton County. Tennessee • Topeka, Kansas • Volusia County. Florida Why CA®? ■ Faster call processing and dis- patching ■ Eliminates paperwork ■ Provides the information needed to make decisions at a glance ■ Eliminates antiquated call and unit status systems (The pigeon -hole method) How it works taker to a dispatcher. They are symbolic of the manual and mechanical dispatching systems throughout the U.S. today. CAD revolutionized call processing and dispatching. Based on the streets and addresses in a city, the call taker types the needed information into a terminal as the caller provides it. The information is then electronically transferred to the screen of the dispatcher along with the ussignment of the appropriate police unit or fire station or ambulance, plus pre -selected alternate units. The current status of all 39 a Encourages a clean, quiet and professional looking dispatch area - ■ Provides built-in training facilities ■ Makes management informa- tion available immediately — not just at the end of a month ■ Saves you money calls and units is displayed. A record of each event is electronically created in the computerized files. BOOK 5 FAH 577 SEp 2 1966 BOOK 65 ;;'.,_ 5 9 Special CAD Consortium Design Features The CAD system developed by Consortium members not only includes all standard features of the available top-of-the-line vendor CAD systems, but also includes the fi lowing special features: i ■ Police, Fire, EMS Call ■ Redundant System Capabilities Processing Capabilities ■ On -Line Help ■ Flexible Event Data Entry ■ Operates on a Family of Coni- ■ MDT Interfacing paters from 3 Vendors ■ 911 (ANI/ALI) and Alarm ■ 5th Generation Software Interfaces is Multiple State and Local Coin - 8 Dual Display Work Areas puter System Interlaces Is User Defined Management Reports CAD CONSORTIUM (.AU FUN(. IIt A 1l DLs1(A 'MU IN Ana w • EMS • EIRE • POLICE Completed dt atadahle lis a lIl daY ret iew This is What Governmental and Public safety Agency Leaders are saying The Honorable Gene McNary, St. Louis County Executive, states, "The Consortium's purpose is to produce a superior CAD product (at a minimal cost) that can be shared with any public safety agency. Our County Police Dlipartment has banded together with Police, Fire and Emergency Medical agencies from across the nation to share expertise and resources, and jointly develop the new computer programs required to successfully accomplish this goal:' G. H. Kleinknei Superintendent, St. Louis County Police Deparintent, was the first Public Safety Official responsible for formally supporting and initiating the CAD Consortiums many ellims. Colonel Kleinknechi states, "The Consortium is the vehicle necessary tood produce effective and efficient delivery of call processing functions to )1)ur citizens. The collective and dedicated eftbris of Fire. EMS and Police professionals have not only served as the Ibundation for the Consortiums present achievements, but has ,list) proven to he the lint step towards successful, future results:' 'K Jahn J. Norton. Director of Public Salct_v. City of Pittsburgh. states, "The CAD Consortium often public safety agencies a unique oppoirturiaN' to collectively share knowledge and experience to produce a product specific to public safety applications. The Consottium also represents a prudent approach to the expenditure of tax dollars:' John Leahy, Fire Chief, Department of Public Safety. City of Pittsburgh, states, "The CAD Consortium offers fire safety professionals control over their own destiny. The current CAD system was specifically designed for police use and modified to handle tire. The Consortium gives fire professionals the opportunity to design their own system and aft6rdably adjust the system to meet the changing needs of the fire department:' 40 Joseph Nasser, Director of kimergency Management l C AIIIIIIIII1Uialion', Volusia County, Horida. states. "The loss of public safety grant fund sources, din)inished federal revenue sharing programs and I:ailurc of sonic vendors 10 provide continued maintenance of sone older generation CAD y.Ienvs have made it virtually impossible for manv local governments 10 either realize the increased efficiency of CAD or to modify or expand their existing systems. The CAD Consortium ot)en the opportunity for these agencies t) obtain a CAD system at a traction tit the development cost of vendor-proviCILd systems. Further. it ensures continued software support, cost elle, tive expansion (through its modular design), and Mortis the end user a Choice of hardware." L—� F1 Sheriff Tim Dobeck introduced Mark G. Martorano, Assistant Chief of Administration of the City of Pittsburgh, who gave a presentation on the abilities of the CAD System. He noted that there are enough members under signature right now to fund the project. Chairman Scurlock asked what our cost would be if we decided to go with this, and Mr. Martorano stated that it would be $32,000 -- $2,000 for specifications and $30,000 for the software, which is the total cost of the software to interface with the 911 system and the FCIC. Chairman Scurlock was very impressed with Manatee County's system, but Sheriff Dobeck stated that even with their sophisticated system, they are way behind the CAD consortium. Commissioner Lyons asked why they need an additional GEO base, and Mr. Martorano explained that because once the call comes into the Sheriff's office and the call is identified, -the ball stops there. We need the second computerized stage, which identifies who will respond. Commissioner Lyons understood that the consortium wants our money, but they don't have anything we can look at except various counties and cities who belong. He felt the question is whether we want to pay $32,000. He realized that with a membership we will get a break on vendors hardware, and Mr. Martorano pointed out that the Sheriff and General Services Director Sonny Dean visited St. Louis County, Missouri, to see how the system works. He announced that after October 1st, the membership cost will be $40,000. He admitted there was some risk, but stressed that very creditable people are involved in this consortium. Commissioner Bird asked how we can set up some comparisons with regard to other software and hardware, and Sheriff Dobeck advised that they have already dorea lot of it already. They have been romanced by NCR, AT&T, and IBM, and they are looking at one to one and a half year's development time. He felt that by going in this direction, we have the ability to do a lot of the 41 S E P 2 BOOK 65 F'a r. 579 I FF,- -7 BOOK 65 pAf" SEP 2 1986 program ourselves and not have to employ an additional number of people. The Board requested that more comparison figures be brought back next week by Sheriff Dobeck, Director Dean, and Data Processing Manager Don Hylton. SANDRIDGE GOLF CLUB TRAFFIC IMPACT FEE The Board reviewed the following memo dated 8/26/86: TO: The Honorable Members DATE: August 26, 1986 FILE: of the Board of County Commissioners SUBJECT: SANDRIDGE GOLF COURSE TRAFFIC IMPACT FEE FROM: Robert M. Keating, AICD REFERENCES: Sandridge Golf Planning & Development DIS•BOB Director It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of September 2, 1986. DESCRIPTION &'CONDITIONS: On August 22, 1986, Acting County Administrator Tommy Thomas directed the Planning Department to prepare the necessary information for the Board of County Commissioners to address several issues relating 'to the Sandridge Golf Course traffic - impact fee determination at their regular meeting of September 2, 1986. The four issues referenced in the August 22 memo are as follows: - (1) Describe procedures followed which resulted in two different fees for the golf course. (2) Explain why necessary procedures were not followed in establishing the proper criteria for golf course impact fees. (3) Check with consultants to determine why golf courses were overlooked and determine how other counties have addressed impact fee charges for golf courses. (4) Explain why no procedure was established for charging impact fees for mining operations. Prior to addressing each of the above -referenced issues, it is necessary to review the history of this issue. As depicted on the attached sequence of events, a number of questions have arisen since the adoption of the County's fair share traffic impact fee ordinance. These questions, reflected in memos from Tommy Thomas to the Planning Department, ranged from whether a traffic impact fee should apply to the County golf course, how the fee for the golf course was established, and whether proper procedures were followed in this matter. Some of these questions were addressed in -a July 14, 1986 memo from the planning staff to Mr. Thomas. Supplementing -that memo and attached to this memo are highlighted copies of excerpts from the adopted traffic impact fee ordinance, minutes of the January 8 and January 22, 1986 public hearings on adoption of 42 the traffic impact ordinance, and the adopted administrative guidelines and procedures for implementing the traffic impact fee ordinance. Basically, the attached documentation establishes that all new development even public entities will have to pay road impact fees for any increased traffic that necessitates road mprove- ments (p. 7 January 22, 1986 minutes). The documentation also clearly defines the responsible entity for determination of the traffic impact fee whether the determination is based upon the fee schedule, administrative determination, or independent calculation, this entity being the Planning & Development Division (p. 1 Administrative Guidelines for implementation of the traffic impact fee program). Contrary to a July 31, 1986 memo alleging improper action by the Planning Department by making an administrative determination without consulting the Acting County Administrator or the Board of County Commissioners, the attached documentation clearly supports staff action (Ordinance p. 15 & 16; Administrative guidelines p. 1 and 5). ALTERNATIVES & ANALYSIS: The four issues referenced in the August 22, 1986 memo are addressed as follows: - 1) The procedures followed in establishing the golf course impact fee are outlined in the July 14, 1986 planning staff memo to Tommy Thomas and more specifi- cally detailed in the attached August 26, 1986 memo from Richard Shearer to Robert Keating. Basically, the staff followed the procedure outlined in the, impact fee ordinance Sections VII. B. and V.C.(a)_-_ (c). In so doing, the staff had to use ITE --trip generation rates and make interpretations of trip rates applicable to -this project. From the range of rates presented in ITE research, the staff chose the most appropriate rate and applied it.- After further analysis, the staff reassessed its initial deter- mination, used a lower rate, -and' reduced its fee determination. 2) When the impact fee ordinance was being drafted, it was recognized that not all land development activi- ties were listed in the fee schedule. This recognition is reflected in p. 5_ of the January 8, 1986 minutes of the BCC public hearing on traffic impact fees; in Section VII. B. (1) of the impact fee ordinance; and on pages 1, 2, and 5 of the admini- strative procedures for implementing the impact fee ordinance. During the development of the traffic impact fee ordinance, it was decided by the consultant and the staff to limit the number of land use categories in the fee schedule. Consequently, no specific rate was set for golf course uses, other recreational uses, mining operations, used car lots, drive-in theaters, and probably a number =of other uses. Recognizing that all uses could not be incorporated into the fee schedule, the ordinance made provisions for an administrative determination for those uses not specified on the fee schedule. 3) Consultants agreed that golf courses were not listed on the fee schedule for the reasons listed above. Other counties address golf course impact fees in a variety of ways. Some are as follows: °Orange County - golf courses not listed in fee schedule; individual assessment required. 43 Sp ^986 BOOK 65 FADE 581 10 S E P 2 1986 BOOK 65 582 °Manatee County - golf courses charged fee based on number of parking spaces; fee ranges from $152 to $198 per space. *Lee County - golf courses not listed in fee schedule; individual assessment required. 'Monroe County - golf courses not listed in fee schedule; individual assessment required. *Martin County - golf courses listed on fee schedule; fee $900 per hole. 4) No procedure was established for charging impact fees for mining operations because of the reasons outlined in number 2 above. In addition, mining is a transi- ent, not permanent, use of property. Therefore, it is questionable as to how a mining operation would be assessed in terms of impact fees. CONCLUSION: It is the staff -Is opinion that all applicable procedures were followed in establishing the Sandridge Golf Course impact fee. Because the golf course site plan was reviewed prior to the effective date of the impact fee ordinance, a tentative impact fee estimate was not provided at that time, compounding the issue. All staff actions, however, conformed to established procedures. The basic facts are that the golf course site plan was approved after the effective date of the impact fee ordinance; it is a land development activity generating traffic; and an impact fee is due. Since there is 4o exemption for public projects in the impact fee ordinance, the golf course must pay a fee. The fee, itself, however could be changed if an individual assessment is submitted justifying different characteristics, use patterns, trip rates or other characteristics used to develop the fee. If an individual assessment is submitted, the staff will review it in accordance with the criteria established in the impact fee ordinance. Chairman Scurlock explained that we went with the consultant that did Palm Beach County's traffic impact fee ordinance because it had been tested in court and we wanted to have as few bumps as possible in implementing traffic impact fees. He understood that Palm Beach County charges an impact fee for all recreational activities on a per parking space basis, which is approximately $80, and wondered why we are trying to recreate the wheel when we could use their approach. Public Works Director Jim Davis explained that our county is a little different in that we have 9 road districts and Palm Beach County has only one. In order to apply the number of parking spaces as the independent variable, we need to use the 44 impact fee for that particular district, and the Planning Department has a computer program that can easily do that. Another option would be to use the number of acres on the golf course, but that gets into a very gray area. Commissioner Lyons stressed that we are interested in what is going over the road, and Director Davis explained that if we use parking spaces., the traffic generation manual points out the number of trips generated by each parking space and gives a range from 1.8 trips per parking space to 5.3 with respect to golf courses. Staff feels this course would be in the 1.8 category due to the small clubhouse, and they figure the parking spaces -__- would be used about twice a day. Acting Administrator Tommy Thomas asked for an estimation of the traffic fees based on 1.8 trips per parking space, and Director Davis felt the fees would be approximately $140 per parking space and that multiplied by -82 parking spaces would amount to $11,000-$12,000. Planning 8 Development Director Robert Keating noted that - staff would have to run it through the computer model to get the final figure. The Commissioners indicated that they could live with these estimated impacted charges, and Administrator Thomas emphasized that since these costs were not included in the cost of the golf course, they will have to come back to the Board for final approval. Director Keating advised that staff would have the final costs at the next meeting. BUDGET AMENDMENT TO PURCHASE SAVIN MODEL V-35 COPIER The Board reviewed the following memo dated 9/2/86: 45 BOOK 65 583 S E P 2 190 SEP 2 198 BOOK 6 5 F,� �,r. S 1 -7 TO: Honorable Board of County Commissioners r FROM: Joseph A. Baird OMB Director DATE: September 2, 1986 FI LE: SUBJECT: Budget Amendment to Purchase Savin Model V-35 Copier REFERENCES: Account Number Account Name Increase Decrease 001-902-516-066.41 Office Furniture Equip. $3,588 001-902-516-035.11 Office Supplies $2,500 001-902-516-034.02 All Travel 1,000 001-902-516-034.64 Maintenance -Equipment 88 EXPLANATION: Judge Kilbride would like permission to purchase a new Savin Model V-35 copier to replace his present one which has become a maintenance problem. The copier he wishes to purchase is through state contract at a cost of $3,950. The County Court Judges department currently has $362 in the furniture and equipment account and would like to transfer the remaining .$3,588 from the accounts shown above. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Lyons, the Board unanimously approved the above budget amendment, as recommended by OMB Director Baird. PERMISSION TO OBTAIN A QUOTE FROM THE FLORIDA LEAGUE OF CITIES ON COUNTY INSURANCE The Board reviewed the following memo dated 9/2/86: 46 TO: Honorable Board of County Commissioners FROM: Joseph A. Baird 0MB Director DATE: September 2, 1986 FILE.- SUBJECT: ILE: SUBJECT: Permission to Obtain a Quote from the Florida League of Cities on County Insurance REFERENCES: The majority of the Indian River County Board of County Commissioners insurance policies expire October 1,.1986. The County's multi -peril, excess liability, public = officials and employees liability, boiler and machinery, and builder's risk fnsurance-_ -_ on the jail are all purchased through the Arden -Waddell insurance agency. Air. Arden has informed me in writfng that they will not be providing a renewal proposal for the above lfsted insurance policies. I have contacted the Florida League of Cities and they are interested in quoting all the expired insurance with the exception of the boiler and machinery policy. In- view of the insurance market, I am requesting permission from the Honorable Board of County Commissioners to obtain a proposal from the Florida League of Cities as soon as possible. The machinery and boiler insurance can still be obtained through the Hartford Steam Boiler Inspection and Insurance Company, we will just have to go through a different agent. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously authorized OMB Director Baird to obtain a _ quote from the Florida League of Cities on County insurance and an additional agent for the machinery and boiler insurance. CONTRACT WITH COMMUNICATIONS WORKERS OF AMERICA ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously authorized the Chairman to sign the 1986-87 contract with the Communications Workers of America. CONTRACT WILL BE PUT ON FILE IN THE OFFICE OF THE CLERK WHEN FULLY EXECUTED AND RECEIVED 47 SEP M6 BOOP( I5 Fb,rF 58'5 SEP 2 1936 BOOK 65 FA4,�586 DISCUSSION ABOUT SCHOOL BOARD'S NONCOMPLIANCE IN SUBMITTING SITE PLANS FOR CONSTRUCTION OF NEW SCHOOLS Attorney Vitunac requested permission to file suit against the School Board for their failure to obtain site plan approval before beginning construction on several new schools. He felt the issue has to be solved on whether the School Board has to comply with the requirements of the Comprehensive Land Use Plan. Although the State has said that all School Boards throughout the state are trying to cooperate, our School Board has not. The Planning Department has offered to review the site plan without charge, offered fast track scheduling, and waived many other requirements, but we have received absolutely no cooperation. Litigation is the last resort, because otherwise, we are going to sit by and watch schools go up without any review by the County planning staff. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bowman, that the Board authorize the - County Attorney to pursue negotiations with the School Board, and if it becomes necessary, proceed with litigation in this matter. Chairman Scurlock believed the County has done everything we can -to cooperate with the School Board. He noted that there has been significant offsite drainage problems at the Thompson School, along with ingress and egress problems at practically all of the schools, and felt that there are major impacts on adjacent property owners which should be under the scrutiny of the County. Commissioner Bird was concerned because Dr. Burns had indicated to him that he was willing to sit down and discuss this. He felt that suing the School Board is Like filing suit against your sister and would be reluctant to do so. Ken Evitt, Administrative Assistant of the School Board, stated that after Attorney Vitunac called the School Board last 48 Friday, he had trouble finding anyone to attend today's meeting. He emphasized that today is election day, and that their attorney is ill. He would appreciate the County not voting on this matter until School Board Chairman Dorothy Talbert arrives, as he expected her shortly. Commissioner Lyons felt that there wasn't any reason to hold up the vote, because the Board is merely saying that the Board of County Commissioners is in charge of land use in this county and that the School Board must follow our procedures. Chairman Scurlock felt that basically the Motion gives us the ability to go ahead and discuss this, but does indicate to the School Board that we are serious about this matter. Attorney Vitunac advised that the law states that School Boards do not have to pay impact taxes. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. DISCUSSION RE COUNTY GOLF COURSE PERSONNEL Chairman Scurlock explained that he asked for this item to be placed on today's Agenda because last week, while Commissioner Bird was on vacation, he learned that an offer had been made to a golf professional for managing the golf course without the other Commissioners having seen any resumes or holding any interviews. Commissioner Bird stated it was his understanding that at a recent meeting the Board had authorized him to work with staff to come up with a selection and hire a manager of the golf course, who would be reporting to the County Administrator. After that meeting, Personnel worked up a brief job description, advertised the position, and send out questionnaires to several public golf courses throughout the state regarding salaries received by managers and golf professionals. He narrowed the selection down to three after screening resumes from individuals all over the country. After extensive interviewing, the final selection for 49 S E P ' `1036 Booz 6 5 Fa:F 58 7 S E P 2 1956 BOOK 65 PDGF 588 the position was that of Bob Komarinetz, who presently lives in Palm Beach Gardens and has 20 years experience, 11 of which were with General Electric in managing two of their golf courses. He is very close to becoming a Master Professional with PGA. AFter discussing salary, he came up with a recommendation to Personnel that this individual be paid a base salary of $30,000, in addition to a percentage of revenues received through green fees, pro shop sales, and golf lessons. If he had proceeded in a way that was contrary to the direction that he was given by the Board, he apologized, but pointed out that he has spent a great deal of time and effort on this matter and relied on his experience in the business. Chairman Scurlock believed all along that the manager of the golf course would report through the Division head to the County Administrator just like any other department head, and Commissioner Bird i-ndicated that might work out. After lengthy discussion regarding the amount of base salary and revenues received from sales and lessons, Commissioner Bird -.-felt it was important to get this person on board as soon as possible to work with the architect on the final interior design of the clubhouse, furnishings, carpeting, etc., and work with the greens superintendent on some decisions that have to be made on -.the final touches of getting the golf course ready for play. He emphasized that Mr. Komarinetz' first step will be to sit down with the greens superintendent and come up with a line item budget of how they are going to spend the money that we have to plug into the budget for the next fiscal year. On the other side, they will come up with a proposed budget of how they are going to generate the revenue that will be need to meet that operating budget. In addition, they will write job descriptions for all personnel at the golf course. Commissioner Lyons just want to make sure that we have someone on board who is a good manager and worries about the s0 books, and Commissioner Bird guaranteed that Mr. Komarinetz is an excellent bookkeeper. The Commissioners indicated their agreement to having Commissioner Bird offer Mr. Komarinetz a base salary of $30,000 plus one-half of the revenues received from golf lessons, and bring the matter back to the Board for final approval. REQUEST FROM JUDGE GEIGER FOR FEASIBILITY STUDY OF 4 ADDITIONAL MODULAR TRAILERS AT THE OLD JAIL The Board reviewed the following letter dated 8127/86: S4.eriff P. O. BOX 608 PHONE 569-6700 Pat Lyons, Indian River County Commissioner 1840 25th Street Vero Beach, Florida 32960-3394 Ref: Fast Track meeting August 26, 1986 Dear Pat: R•T•��T1 ' DOB ECK • INDIAN RIVER COUNTY MEMBER FLORIDA SHERIFFS ASSOCIATION MEMBER OF NATIONAL SHERIFFS ASSOCIATION VERO I313 M I. FLbRII)A :31961-U(i0 8 = August 27, 1986 .._ _.- Judge Geiger, in the Fast Track Committee Meeting on -Tues- day August 26, 1986, requested that a feasibility study be com- pleted by Tuesday, September 2, 1986. This study would be used to deterime if there should be four (4) more modular trailers added to the existing jail site. <"- The reason for his request is that the average number of prisoners for the last week would indicate that Phase I Project would be at maximum capacity on the opening date. I feel that the first step would be the approval of the Commission to fund this project including the necessary staffing. - If I can be of further assistance, please let me know. Sincerely, Capt. Bill Baird, Administrator Indian River County Jail 51 SEP 2 1986 BOOK 589 SEP 2 IS86 BOOK 65 FA,r590 Commissioner Lyons reported that we are over capacity again at the old Jail, but would recommend that we not add the extra mobiles at this time because we don't have the kind of prisoners who could be housed in these minimum -security facilities, plus the fact that we do not have the personnel to run it. He felt that we need to wait until the new Jail opens on October 4th; however, he was concerned that the Jail might not be finished by that time. There being no further business, on Motion duly made, seconded, and carried, the Board adjourned at 1:10 o'clock P.M. ATTEST: Clerk 52 / 1 A4 Z 62 Cha i ll