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HomeMy WebLinkAbout1/27/1987Tuesday, January 27, 1987 En 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, January 27, 1987, at 9:00 o'clock A.M. Presentfwere Don C. Scurlock, Jr., Chairman; Margaret C. Bowman, Vice Chairman; Richard N. Bird; Carolyn K. Eggert; and Gary C. Wheeler. Also present were Charles P. Balczun, 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 Bird 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. An emergency item to authorize the Supervisor of Elections to execute certificates for county elections. 2. As Item U on the Consent Agenda, authorization for the use of a county vehicle to transport donated citrus fruit to Orlando for distribution at County Engineers Conference. 3. A request to initiate legal action against the State Department of General Services for non-payment of traffic impact flees on the Florida Corrections Academy being built next to Mueller Center on Lundberg Road. 4. Discussion of an offer by a contractor to resurface a 2 -mile stretch of 4th Street using an asphalt recycling process. This is an emergency item because the firm would Like to do it as early as possible because they have their machinery available. 5. A resolution authorizing a tax referendum on March 10th on an increase in millage for the North County Fire District, plus a discussion of polling costs. Rz' 6 JAN 21 1987 JAN 21 1937 BOOK 6 7 rAGE 61 -7 Commissioner Eggert requested the addition of a report and a request for action on the Emergency Services Coordinating Council. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, 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 January 6, 1987. There were none. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved the -Minutes of the Regular Meeting of 1/6/87, as written. CONSENT AGENDA Chairman Scurlock requested that Item C be tabled; Commissioner Wheeler requested that Items D and L be removed for discussion; and Commissioner Bowman asked that Items P and T be removed also. A. Approval of Duplicate Tax Sale Certificate - Elsie N. Lindgren ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously authorized the issuance of Duplicate Tax Sale Certificate No. 85-0155, in the amount of $120.25, for Elsie N. Lindgren. 2 DUPLICATE TAX SALE CERTIFICATE IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD B. New Application for Pistol Permit for Theodore John Ahneman The Board reviewed the following memo dated 1/13/87: TO: The Honorable Members of DATE: January 13, 1987 FILE: the Board of County Commissioners SUBJECT: PISTOL PERMIT - NEW APPLICANT FROM: Charles P. Balczun REFERENCES: County Administrator . The following person has applied through the Clerk's office for a new pistol permit: Theodore John Ahneman All requirements of the ordinance have been met and are in order. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously approved the new application for a pistol permit for Theodore John Ahneman. C. IRC Bid #328, Two New 1987 Mid-size 4 -door Automobiles ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously tabled this item, as recommended by OMB Director Baird. D. IRC Jail - Phase L- Change Order #5 The Board reviewed the following memo dated 1/14/87: 3 AW jj 2ed T BOOK JAN 2 7 1987 BOOK 67 F',�E 6 3 -7 TO: The Honorable Members of DATE: January 14, 1987 FILE: the Board of.County Commissioners THRU: Charles P. Balczun County Administrator SUBJECT: I.R.C. Jail - Phase I Joe Baird Change Order #5 Director, OMB Jim son Ass 2County Attorney FROM: H. T. Dean REFERENCES: Director General S vic s i - This item was first denied by the Architect. After appeal by the General Contractor, and further investigation, the Architect changed their posture and agreed to the actual cost. The Contractor was given no boundaries to locate the trailers at the time Phase I construction was begun. Based on the above, staff recommends approval. Commissioner Wheeler asked why the County should have to pay the cost of relocating.power, telephone and grounding for the Contractor's trailers when the boundaries of the project were given to the Contractor before he moved his trailers on site. He felt they are trying to take advantage of us. Chairman Scurlock wondered why the Architect did not envision where the trailers should be located since he is in charge of both Phase 1 and Phase 11. Commissioner Eggert understood there was a site plan showing all phases, but Sonny Dean, Director of General Services, explained that the plan did not give them any idea of when construction would begin on Phases II and III. Commissioner Wheeler asked if the drainage ditch was part of Phase I, and Director Dean said it was part of Phase I and Chairman Scurlock felt that this expense should not be paid by the County and should be eaten by the Contractor. 4 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously denied payment of $545 to RSH Constructors as set out in in Change Order Five for Phase I of the County Jail. Discussion ensued as to whether it was the Architect's fault or the Contractor's fault, and Public Works Director Jim Davis explained that staff did a master site plan on the entire area, but the Contractor went ahead and put his trailers on the Phase 11 site not knowing that Phase II would start as soon as it did: E. Proclamation - Purple Heart Week & Viola Drive P R O C L A M A T I O N WHEREAS, February 22, 1987, the 255th anniversary of the BIRTH of the FATHER of OUR GREAT NATION, GEORGE WASHINGTON, is revered by recipients of the PURPLE HEART MEDAL no less than the FOURTH OF JULY; and ;-?HEREAS,• to recognize OUTSTANDING VALOR and to boost the moral of his troops, GENERAL GEORGE WASHINGTON CREATED and DESIGNED a simple PURPLE HEART of purple cloth, to be worn on the soldiers left uniform breast and to be respected by troops and sentries; and WHEREAS, as the British destroyed and burned everything during their withdrawal, many of the records were lost or destroyed, but a search, ordered by President Herbert Hoover, brought to light Washington's original order pertaining to the AWARD OF THE PURPLE HEART; and WHEREAS, to recognize this important and historic document, the UNITED STATES C014GRESS'RESOLVED and CREATED the MILITARY ORDER OF THE PURPLE HEART,- NOW, EART;NOW, THEREFORE, BE IT PROCLAIMED by the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the week of February 19th through.the 21st, 1987, be observed as "PURPLE HEART WEEK AND VIOLA DRIVE - in Indian River County, ,lAN 27 1987 HOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY lek G riffLI/'Jj Donk. Scurlock, Jr, v Chairman 5 BOOK 6'I 64 JAN 2 7 1987 BOOK 67 FS 6 F. Partial Release of Assessment Lien - SR -60 Water - Central Assembly of God ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously approved a Partial Release of Assessment Lien on the SR -60 Water Project in the amount of $970.45 to Central Assembly of God of Vero Beach, Florida. RELEASE OF ASSESSMENT LIEN IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD G. Renewal of Certificate of Public Convenience and Necessitv - Fellsmere Volunteer Ambulance Squad ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously renewed the Certificate of Public Convenience and Necessity for the Fellsmere Volunteer Ambulance Squad. EMERGENCY MEDICAL SERVICES CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY UWEREAS, .the FELLSMERE VOLUNTEER Ambmt:ance SeAvLce ptovtdea quatity emvtgeney medicaz 4EXA Z"- to the ena 0 Indian River County, WHEREAS, theAe has been demonatotated that t*eAe .ca a need bac tkta ambutance aeutee to opeute in thea county to ptovdde eaaentiat aeAv$cu to .the e t zend og thio County; and, WHEREAS, the above ambulance aeAvi.ee has indicated that .it wi.P.l comply with alt the Aegaitementa ob the Emengeney Medical SeAvicea Act o6 1973, the Board o6 County Commi,ae•i.onva os Indian River County heAeby.iaauea a Cvai.&& to o6 Pubti.e Convenience and Nece6aLtij to ¢ company boA the yea4 1987 In .iaawing WA centi jicate .i t .aa undeutood that the above named ambulance aeRvtce will meet the .tequin.ementa ob State Legiztation and puvide emvigency aenvicea on a taenty-Jour hour baa" boa the 5oWwag a3ealal: INDIAN RIVER COUNTY Approved by Board of County man ���y'K'�''.'�. Commissioners 1/27/87 DonC C. 0 CT atonenb Don C, Scurlock, Jr. 6 H. Approval to Schedule Public Hearing for Code Enforcement Board Ordinance Amendment The Board reviewed the following memo dated 1/16/87: TO: The Honorable Members of theDATE: January 16, 1987 FILE: Board of County Commissioners DIVISION HEAD CONCURRENCE: Robert M. Kea ing,(-ILICP SUBJECT: Planning & De elopment Director THROUGH: Art Challacombe Chief, Environment Planning STAFF REQUEST FOR APPROVAL TO SCHEDULE PUBLIC HEARING FOR CODE ENFORCEMENT BOARD ORDINANCE AMENDMENT Roland M. DeBloisBoard Ordinance FROM: Staff Planner `M REFERENCES: ROLAND Code Enforcement Coordinator It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of January 27, 1987. DESCRIPTION AND CONDITIONS: Division 2, Article III of Chapter -1 of the Code of Laws and Ordinances of Indian River County, entitled "Code Enforcement Board", was created through the adoption of County Ordinance No. 83-10, on February 16, 1983. Adoption of the ordinance created the County code enforcement board pursuant to the provisions of Florida Statutes, Section 162.01 et seq., and the home rule powers of noncharter counties under the Constitution of the State of Florida. Section 162.01 of the Florida Statutes, et seq., which authorizes local code enforcement boards and governs their procedure was amended in the 1986 Session. It is requested that the Board of County Commissioners give authorization for staff to draft an amendment to the present County code enforcement ordinance (No. 83-10) so as to reflect revisions made at the state level. RECOMMENDATION It is recommended that the Board of County Commissioners authorize staff to draft a code enforcement board ordinance- amendment and schedule a public hearing for its adoption. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously authorized staff to draft a Code Enforcement Board ordinance amendment and schedule a public hearing for its adoption. Jai 2 7 1987 7 BOOK 67 itvuE 6 JAN 27 12"217 BOOK 67 rn, 67 I. Resolution 87-5 - Release of Easement - Castawav Cove - Wave I, Lot 9 The Board reviewed the following memo dated 1/15/87: TO: The Honorable Members DATEJanuary 15, 1987 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: /;-,Vjj SUBJECT: RELEASE OF EASEMENT Obert M. XdytinT AICP REQUEST BY NANCY JO PLANNING & DEVELOPMENT MADSEN, TRUSTEE; DIRECTOR SUBJECT PROPERTY: LOT 9 CASTAWAY COVE SUBDIVISION THROUG Roland . DeBlois� WAVE 1 StqFROM: ner REFERENCES;MADSEN MEMO Daxles W. 441ath DISK. REMS Code Enforcement Officer It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of January 27, 1987. DESCRIPTION AND CONDITIONS: The County has been petitioned by Nancy Jo Madsen, Trustee for the Madsen Children Trust Account, owners of the subject property, for the release of the easterly three (3) feet of the westerly ten (10) foot utility easement, being the easterly three (3) feet of the westerly ten feet of Lot 79, Castaway Cove Subdivision Wave 1, Section 08, Township 33, Range 40 East, Indian River County, Florida; according to Plat thereof as recorded in the official Record Book 09, Page 85. It is the Petitioner's intention to construct a swimming pool, and associated fence enclosure; the release of easement is reques- ted in an effort to satisfy zoning regulations requiring a pool to be setback ten (10) feet from the rear property line, or five (5) feet to any easement, whichever is greater (25 (b) (6) (a) , Appendix A,, Indian River County Code) . The current zoning classification is RS -3, Single -Family Residential District. The Land Use Designation is LD -1, Low Density Residential, allowing up to three (3) units per acre. ALTERNATIVES AND ANALYSIS: The request has been reviewed by Southern Bell Telephone, Vero Beach Power Company, Indian River Cablevision Corporation, and the Indian River County Utility and Right -of -Way Departments. Based upon their reviews, the only acknowledged requirement is that the location of cablevision lines within the easement be identified prior to construction. Staff analysis indicates that drainage would still be adequately handled on-site. RECOMMENDATION: Staff recommends to the Board, through adoption of a reso- lution, the release of the easterly three (3) feet of the westerly ten (10) foot utility easement of Lot 79, Castaway Cove Subdivision Wave 1, being the easterly three (3) feet of the westerly ten (10) feet of Lot 79, Castaway Cove Subdivision Wave 1, Section 08, Township 33, Range 40 East, Plat Book 09, Page 85, of the Public Records of Indian River County, Florida. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously adopted Resolution 87-5, abandoning certain easements in the Castaway Cove Subdivision, Wave I, Lot 9, to Nancy Jo Madsen. RESOLUTION NO. 87-5 A RESOLUTION OF INDIAN- RIVER COUNTY, FLORIDA, ABANDONING CERTAIN EASEMENTS IN THE Castaway Cove Subdivision Wave I Lot 79 WHEREAS, Indian River County has easements as described below, and WHEREAS, the retention of those easements serves no public purpose, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: This release of easement is executed by Indian River County, Florida, a political subdivision of the State of Florida, whose mailing address is 1840 25th Street, Vero Beach, Florida 32960, Grantor, to Madsen Children Trust Account, Nancy Jo Madsen, Trustee whose mailing address is 1125 Pegasus Place,Vero Beach, Florida 32.963 Grantee, as follows: Indian River County does hereby abandon all right, title, and interest that it may have in the following described easements: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. THIS RESOLUTION was moved for adoption by Commissioner Eggert , seconded by Commissioner Bird 27th , and adopted on the day of January , 1987, by the following vote: 9 JAN BOOK 67 r�,u 68 JAIL 1987 Boos 67 F,�,E Commissioner Scurlock Aye Commissioner Bowman Aye Commissioner Bird Aye Commissioner Eggert Aye Commissioner Wheeler Aye .. The Chairman thereupon declared the resolution duly passed and adopted this 27th day of January , 1987. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By J Don C. Scu lock, Jr Chairman Attest By Gt. Freda Wr'ght Clerk STATE OF FLORIDA ) ' COUNTY OF INDIAN RIVER I HEREBY CERTIFY, t on this day, before me, an officer duly authorized in he State and County aforesaid, to take acknowledgmen , personally appeared Don C. Scurlock, Jr. and Freda Wright well known to me to be the Chairman of the Board of County Commissioners and Clerk, respectively, of Indian River County, a politicial subdivision of the State of Florida, and they acknowledged executing the same. WITNESS my hand and official seal the County and State last aforesaid this Z&dayof , 1987. Notary u li EXHIBIT "A" The easterly three (3) feet of the westerly ten (10) foot utility easement of Lot 79 Castaway Cove Subdivision Wave I as recorded in the Official Record Book 9 Page 85 & 85A of Indian River County, Florida. 10 J. DER/Army Corps/DNR Permit Applications Peter Joyce The Board reviewed the following memo dated 1/16/87: TO: The Honorable Members DATE: January 16, 1987 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: SUBJECT: D.E.R., ARMY CORPS,AND D.N.R. RobertM. eat ng0ent ICP PERMIT APPLICATIONS Planning & Develo Director THROUGH: Art Challacombe Chief, Environmental Planning FROM: Roland M. DeBlois-jJ REFERENCES: JOYCE Staff Planner TM#87-233 Environmental Planning Section DIS:IBMIRD It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of January 27, 1987. DEPARTMENT OF ENVIRONMENTAL REGULATION APPLICATION FILE NO.31-129207-4 - Applicant: Dr. Peter Joyce_ 545 Holly Road Vero Beach, FL 32963 - Waterway &Location: The project is located in the Indian River in Castaway Cove Subdivision, Wave II, adjacent to Lot 19, Section 8., Township 33 South, Range 40 East, Indian River County, Florida. The upland property associated with the project is on Winding River Road, located in the unincorporated portion of the County. - Work & Purpose: The applicant proposes to construct a private residential L-shaped dock with a 4' X 42' main access pier and a 6" X 241terminal platform (total square footage: 312'). 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 & Mana ement Plan - The Indian River County Code of Laws and Ordinances - Chapter 18-20, Florida Administrative Code County records indicate that a principal structure does not presently exist on the subject property. Section 25.1(c)(7), Appendix A, Zoning, of the Code of Laws and Ordinances of Indian River County requires an administrative permit for docks JAN 2 7 197 FF'_ JAN 2 7 1987 BOOK 6 7 F.1, -)E 71 constructed prior to the construction of a principal single- family dwelling unit. Also, if mangroves are to be altered in association with the project, a County mangrove alteration permit is required prior to construction. Staff review indicates that the proposed dockage project is to. be located within the Indian River Aquatic Preserve. Section 18-20.004(5) of the Florida Administrative Code sets forth specific standards and criteria for private residential docks, among which is the following criterion: The dock will extend out from the shoreline no further than to a maximum depth of minus four (-4) feet mean low water (18-20.004(5)(b)(3), F.A.C.). Based on the information provided in the.application, staff was unable to determine if the referenced criterion would be satis- fied. The information presented in part 4 of the application, describ- ing the Section (31), Township (28S), and Range (38E) of the project location is incorrect. The correct location is Section 8, Township 33S, Range 40 E. The extent to which the submerged bottomlands of the proposed project area will be impacted has not been determined; the effect of Indian River development on ecologically valuable seagrass beds should be considered. RECOMMENDATION It is recommended that the Board of County Commissioners authorize staff to forward the following comments regarding this project to the Florida Department of Environmental Regula- tion: 1) Construction of the proposed dockage project will not be -= permitted by Indian River County until County regulations regarding dock construction and mangrove alteration have been satisfied. 2) The Department of Environmental Regulation and other appropriate agencies should coordinate with the D.N.R., in that the project as proposed is located in the Indian River Aquatic Preserve and therefore subject to require- ments of Chapter 18-20, Florida Administrative Code. 3) The information presented in part 4 of the application, pertaining to Section, Township, and Range of the project location is incorrect. The correct location is Section 8, Township 33S, Range 40E. 4) The Department of Environmental Regulation and other appropriate agencies should evaluate the potential impact of the project on ecologically significant submerged bottomlands such as seagrass beds in the Indian River. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously authorized staff to forward to the DER the comments set out in the above memo. 12 K. County Deed - Booker T. Washington Addition --New Health Department Building The Board reviewed the following memo dated 1/16/87: TO: The Honorable Members of DATE: January 16, 1987 FILE: the Board of County Commissioners Thru: Charles P. Balczun SUBJECT: Health Department Building County Administrator H. T.a FROM: Director , REFERENCES: General Services - The attached deed must be executed as part of the approval process for the referenced project site plan application. The deed is required by the City of Vero Beach in order to convey the necessary right-of-way for improvements of 27th Street. Staff recommends execution of the document. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously approved the County Deed with City of Vero Beach for Booker T. Washington Addition, and authorized the -Chairman's signature. COUNTY DEED IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD L. Hobart Tower Lease Sebastian Plumbing The Board reviewed the following memo dated 1/15/87: 13 BOOK 67 7 JAN 2 7 1937 Fr'_ JAN 2 7 1987 BOOK &Y Fd Hr 1, 7 TO: The Honorable Members DATE: January 15, 1987 FILE: of the Board of County Commissioners THRU: Charles P. Balczun SUBJECT: Hobart Tower Lease County Administrator Sebastian Plumbing H. T. De FROM: Director REFERENCES: General Services On October 28, 1986, we entered into a two year contract with Sebastian Plumbing, Inc. for a location on the Hobart Tower at the 190 foot level. Lucian Rizio, President of the firm, has requested by letter that the lease be cancelled due to a change in their area of operation. Their written request received by me on January 14, 1987, is to discontinue their lease as of December 1st. Their lease provides for cancellation for the reasons given upon sixty (60) days written notice. Staff recommends approval of this cancellation as specified in the lease agreement, effective December 1st, 1986. Commissioner Bowman had a problem with the termination of the lease because they should have given 60 days notice, according to the contract. They gave notice on November 18th for termination on December 1st. The difference in the lease amounts to approximately $250. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously denied the December 1st cancellation of the Hobart Tower Lease Agreement with Sebastian Plumbing. M. Sandridge Coif Club - Architect's Change Order for CCL Consultants The Board reviewed the following memo dated 1/16/87: 14 TO: Honorable Board of County DATE: January -16,1987 Commissioners THROUGH: Tommy Thomas' j , I Intergovernmental SUBJECT: Change Order in Coordinator the Amount of $4,184.70 for CCL Consultants FROM: Josep A. Baird OMB Director Ron Garl, architect for the golf course, had engineering services with CCL Consultants included in his contract. CCL Consultants were requested to do additional soil tests for which they have invoiced Indian River County $4,184.70. Tommy Thomas has reviewed the request and finds it to be reasonable. Recommendation Staff recommends the Board of County Commissioners ap- prove the $4,184.70 expenditure for soil tests at the golf course. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously approved the -change order with Architect Ron Garl approving the $4,184.70 expenditure for soil tests at Sandridge. ❑ ❑ CCL CONSULTANTS, INC. 2200 Park Central Blvd., N. v POMPANO BEACH, FL 33064 (305) 974-2200 N2 2693 Jsnuzy'y 12.r 19-* irmosad 1�f1/ElT A�T3r .9~ am h 9tr t lharc+ 800cftV F3 m-1 cis Z +«1 sash ?rivol cv! Fbo- ft -c f "imi cava3 NNY' I CON rrmderad t hr -au gh P3srcts 3.l 1 13M SMO RZOW OMF CEXWSE — #cwe-Ct*-wt.ra=t 4-t v=s& Ctrs Woor- t r-_-gu#red fctr- auy-v sy sv;+er-v:f.%icrnrT "c4r :fvvat:(cav srsel yuj a cef zod l a tssts tc. datarmi •r a trarj�ai mQi bl 3 2 ty W0- OQ 15 JAN 2 7 1987 BOOK 6 7 r,,1 l� JAN 2 7 1987 BooF.. 67 r 7 5 -7 t &":fVVzD witD ccluVwty c. #�#a1s ar'rrf tc• discusa and plan : m*iw arid p t ars t ak-w er-ri uerst arsd rjc--uarr Treved ttsi'�rcw Sk-rcs Sseclf ���'t sr# 8 as + #+3 3 s i StriQ ktw* 9t. 3CcfTr i, _-, EL-rAw-r j pL-'w:j t ROD. 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Yr�te�rea�t Frt 1. �.,� �r �car�- N._ Approval of Out -of -County Travel ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously approved out -of -county travel for Commissioners and appropriate staff to attend the Florida Association of Counties ` Conference in Tampa on February 18-20, 1987. 16 O. Approval of Changes in Administration of County Extension Services The Board reviewed the following memo dated 1/21/87: Telephone: (305) 567-8000 TO: THRU: RE: Board of County Commissioners Charles P. Balczun Administrator Administrative Changes relative to County Extension Director DATE: January 21, 1987 FROM: L.S. "Tommy" Thomas Intergovernmental Relations Director Suncom Telephone: 424-1011 Attached is a letter dated January 19, 1987 from Judith A. Wakefield, County Extension Director requesting that she be relieved of her duties as County Extension Director and return to being Indian River County Extension Home Economics Agent and 4-H Coordinator. I have talked to Dr. Cole, District Director of the County Cooperative Extension Services and he concurs with this change. I would also recommend that Stephen Futch be appointed as Interim County Extension Director and Citrus Extension Agent. Dr. Cole also concurs with this. If this meets with your approval please take necessary action to make it effective. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously approved the return of Judith Wakefield to the duties of IRC Extension Home Economics Agent and 4-H Coordinator; and appointed Stephen Futch as Interim County Extension Director and Citrus Extension Agent, as recommended by Intergovernmental Relations Director Tommy Thomas. JA --! �U87 17 BOOK 6 �Pq E �g BOOK 67 77 7 P. Budget Amendment - DCA Grant The Board reviewed the following memo dated 1/21/87: TO: Honorable January 21, 1987 Board of County DATE: Commissioners SUBJECT: Budget Amendment DCA Grant FROM: Joseph A. Baird . OMB Director The Planning Department will be receiving $51,902 from the Department of Community Affairs to be allocated as follows: ECONOMIC DEVELOPMENT GRANT Terms $51,902 BUDGET AMENDMENT TO RECORD RECEIPT OF GRANT FUNDS AND EXPENSE ITEMS Account Number Account Name Increase Decrease Revenues - 004 -000-334-003.00 Environmental Grants 51,902 TOTAL REVENUES 51,902 - Expenses 004-204-515-011.12 Regular Salaries 5,000 004-204-515-012.11 Social Security 358 004-204-515-012.12 Retirement Contribution 655 004-204-515-012.14 Worker's Compensation 21 004-204-515-034.02 All Travel 400 004-204-515-035.11 All Office Supplies 1,368 004-205-515-011.12 Regular Salaries 28,000 004-205-515-012.11 Social Security 2,002 004-205-515-012.12 Retirement Contribution 3,665 004-205-515-012.14 Worker's Compensation 1,246 004-205-515-034.02 All Travel 1,800 004-205-515-035.11 All Office Supplies 7,387 TOTAL EXPENSES 51,902 Commissioner Bowman questioned "Environmental Grants" because she did not see where the environment is involved in this case. Robert Keating, Director of Planning & Development, explained that several months ago he brought a request before the Board for authorization to apply for the grant monies 18 targeted to the County by the DCA. Basically, it is to comply with requirements for updating the Comp Plan and for specific activities such as data collection and inventory. Staff is doing a lot of environmental type inventory and preparing many tables, maps and texts. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Eggert, the Board unanimously approved the above budget amendment, as recommended by OMB Director Baird. Q. WGYL Radio Antenna Site The Board reviewed the following memo dated 1/21/87: TO: The Board of County Commissioners DATE: January 21, 1987 SUBJECT;--�h(GYL Radio Antenna Site FROM: James P. Wilson psi-stant County Attorney The Board previously approved the transfer of the above -referenced lease to the purchaser of WGYL, Treasure Coast Broadcasting Company, Limited Partnership. I have requested that the new owners execute a lease under the same terms and conditions as the former lease. The attorneys for Treasure Coast Broadcasting Company have submitted the proposed lease with the following changes: 1. On the third line of the second paragraph -on page two, the words "broadcasting transmission" were added after the word "radio". In the middle of the same paragraph, the words "licensed by the Federal Communications Commission" were added. At the end of the paragraph, the sentence concerning permits for the tower was removed as those permits are already in place. 2. At the end of paragraph one on page two, the sentence providing for payment of the August -December period of 1986 was removed as the payment was already made. 3. At the end of paragraph four on page three, a sentence was added to allow Treasure Coast Broadcasting Company to assign the lease for security purposes only to the Bank of New England, N.A., which is the bank that finances the limited partnership. The bank had asked that this provision be added. 19 BOOK 1 Pf�'uE JAN 2 7 1987 JAS 2 7 196-1 ^� BOOK 6F9j F',��E ! 4. In paragraph eight on page three, the default period was extended from three to ten days. The proposed changes will not materially alter or affect the County's position in this matter and I recommend that the Board approve this proposed lease for signature by the Chairman after execution by Treasure Coast Broadcasting Company. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously approved the proposed lease with the Treasure Coast Broadcasting Company for the WGYL Radio Antenna Site and authorized the Chairman's signature after execution of lease by Treasure Coast Broadcasting Company. SAID LEASE WILL BE PUT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN FULLY EXECUTED AND RECEIVED R. Application for Fair Permit for Fire Fighters Indian River County Fair ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously approved the Application for a Fair Permit for the Fire Fighters to hold the County Fair on March 20-28, 1987. APPLICATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD S. Partial Release of Assessment Lien - SR -60 Water - Old Sugar Mill Estates ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously approved Partial Release of Assessment Lien in the amount of $960.74 on the SR -60 Water Project for Old Sugar Mill Estates, Unit ,3, Lot #34 (Sexton). PARTIAL RELEASE OF ASSESSMENT LIEN IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 20 T. Fiscal Year 1989 Public Works Program___ Indian River County Beach Renourishment The Board reviewed the following memo dated 1/21/87: TO:THE HONORABLE MEMBERS OF DATE: January 21, 1987 FILE: THE BOARD OF COUNTY COMMISSIONERS THROUGH: Charles P. Balczun County Administrator 4FROM: James W. Davis, P.E. Public Works Directoif DESCRIPTION AND CONDITIONS SUBJECT: Fiscal Year 1989 Public Works Program -Indian River County Beach Nourishment REFERENCES: The State Department of Environmental Regulation has requested that our County submit application for state support in conjunction with the Water Resources Development Act. The application prepared by staff is for funding for beach erosion control within the county. This -_ application is forwarded to the Corps of Engineers for review and recommendation to the Federal Office of Management and Budget. Studies completed by the Corps of. Engineers indicated that although the shoreline along Vero Beach would be recommended for replenishment, Sebastian inlet shoreline would not be considered since this project cannot be economically justified due to the fact that the recreation benefits will be greater than 50%. Recent consultation with administrators of the Corps of Engineers by staff indicates that their recommendations for FY89 include a federal appropriation of $5,340,000 out of a total of $9,898,000 for beach replenishment in Vero Beach. The remainder to be funded through the use of State and Local Funds. ; RECOMMENDATIONS It is recommended by staff that the application for project funding be submitted at this -time in order to meet the deadline of February 3, 1989, so as to be considered for the States FY 1989 program. Commissioner Bowman suggested that we send a representative to the Annual Water Resources Development Conference in Tallahassee on February 1 -0th. MOTION WAS MADE by Commissioner Bowman, SECONDED by Commissioner Eggert, to approve out -of -county travel for appropriate staff to attend the Annual Water Resources Development Conference in Tallahassee on February 10th. 21 JAN � "�, ���� I BOOK � / FACE JAN 2 7 1987 BOOK 6 ucuE 81 Frank Zorc, 2100 Vero Beach Avenue, asked what purpose this trip would serve, and Public Works Director Jim Davis explained that this is a requirement each year for the County to stay in the running for federal funds for beach renourishment. The State of Florida acts as a clearing house and processes all applications for federal funding through the DER planning office. We have done this for the last 3 years, and it is a routine type of thing. Chairman Scurlock believed Mr. Zorc next would ask if this is a commitment to beach renourishment, and the Chairman felt it is not; the purpose is just to keep our foot in the door. Commissioner Bowman was concerned that the work at the Sebastian Inlet was not included because she believed the inlet creates erosion far, far beyond the inlet and affects property on the north end of Orchid Island. Director Davis believed that if we include the Sebastian Inlet, the Corps will simply take it out. Mr. Zorc asked if it would not be appropriate to at least note on the application that we are committed to giving the people a referendum vote before any final commitment is made on using these funds for beach renourishment. Commissioners Bowman and Eggert were not willing to include that in their Motion. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously 5-0. U._ Approval to Transport Orchid Island Citrus Fruit to Orlando for 1987 National_ Association of County Engineers Meeting The Board reviewed the following memo dated 1/23/87: 22 TO: The Honorable Members of the DATE: January 23, 1987 FILE: Board of County Commissioners THROUGH: Charles P. Balczun, County Administrator SUBJECT: Request to Transport Approximately 200 Boxes of Indian River County Orchid Island Citrus Fruit to Orlando for 1987 National Association of County Engineers Meeting FROK fames W. Davis, P.E., REFERENCES: Public Works Dir DESCRIPTION AND CONDITION Mrs. Jeanette Leir, resident of the Town of Orchid, Indian River County, has graciously offered to donate 200 boxes of Orchid Island citrus fruit to be distributed to the 200 County Engineers from the United States, Canada, and other countries who are attending the National Association of County Engineers Meeting in Orlando Feb. 3-6, 1987. Indian River County, Orchid Island Citrus Growers (Jeanette Leir, donor), and Leroy Smith and Sons Packing House will receive formal recognition for providing the campli- mentary gift. In order to transport the fruit to Orlando, I am requesting the use of a County Road and Bridge Department truck.. and driver for Monday, Feb. 2,' 1987, for approximately 6 hours. The Florida State Association of County Engineers and Road Superintendents is hosting this Technical Meeting at the Sheraton World in Orlando. RECCM E;NDATION It is recommended that the County recognize Mrs. Leir and Leroy Smith and Sons Packing House for this donation and authorize the use of the county truck. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously recognized Mrs. Jeanette Lier and Leroy Smith and Sons Packing House for their donation of 200 boxes of Indian River County citrus fruit, and authorized the use of a County truck to transport the fruit to Orlando for distribution at the National Association of County Engineers Meeting on February 3-6, 1987. PUBLIC HEARING - SCHAUB COMMUNITIES REQUEST FOR SPECIAL EXCEPTION_ APPROVAL (continued from 1/20/87 Meeting The Board reviewed the following memo dated 1/9/87: 23 BOOK 6 [" c 8 LAN 2�� JAN 2 7 W7 BOOK 67 mUE 83 -7 TO: The Honorable Members of thepATE: January 26, 1987 FILE: Board of County Commissioners DIVISION HEAD CONCURRENCE - Robert M. Keat 1 cP----SUBJECT: Planning & Development Director THROUGH: Michael K. Miller Chief, Current Development ADDITIONAL INFORMATION CONCERNING SCHAUB COM- MUNITIES' REQUEST FOR SPECIAL EXCEPTION APPROVAL TO LOCATE A BEACH CLUB IN A RESIDENTIALLY ZONED AREA FROM: David C. Nearing REFERENCES: Schaub Staff Planner DAVE It is requested that the data presented herein be given formal consideration by the Board of County Commissioners at their regular meeting of January 27, 1987. DESCRIPTION AND LOCATION: The purpose for this memorandum is to convey to the members of the Board additional information and revisions pertaining to Schaub Communities' request for special exception approval to locate a beach club in a County enclave within the Town of Indian River Shores which the Commission rezoned from RS -6, Single Family Zoning District, to RM -4, Multi -Family Zoning District on January 20, 1987. At the January 20, 1987, meeting of the Board of County Commis- sioners, action on the Schaub special exception request was postponed until January 27, 1987 in -order to allow the developer sufficient time to address the following concerns: 1. The need for an 8 foot wide public bike path along the west side of A -1-A; 2. The need for a detailed plan to protect sea turtle nesting areas from project lighting; 3. The need for three laning of this section of Highway A -1-A; and 4. The need for sufficient parking for peak use periods and accommodation of all potential patrons from the projects for which this facility is proposed to serve. The Board of County Commissioners has recommended the addition of 31 to 36 parking spaces. That will increase the available parking spaces from the present 89 spaces to 120-125 spaces. Since the last Board of County Commissioners meeting, the appli- cant has submitted revised plans which include a conceptual plan for additional parking on the west side of Highway A -1-A opposite - the main site. ANALYSIS: The applicant has responded to the four concerns through revision of the site plan as follows: 1. An 8 foot wide bikepath is added to the west side of A -1-A, plus an additional 10 foot right-of-way dedication along the west side of A -1-A is depicted. 23a 2. A more detailed turtle protection plan to shield project lighting has been added. 3. A proposal to three lane Highway A -1-A has been added. 4. Thirty-one parking spaces have been added on the west side of A -1-A. Total parking available equals 120 parking spaces. After reviewing the proposed parking plan, staff -has concerns over the safety aspect involved with pedestrian movement across A -1-A. At this location the speed limit is 45 m.p.h. The County Traffic Engineer estimates that if 36 parking spaces were located west of A -1-A and utilized at 100% capacity, 216 pedestrians would cross A -1-A daily. The traffic engineer has further stated because of the smaller scale of this site, the best form of traffic control that could be expected would be a crosswalk. Even though the current and expected Level Of Service (LOS) for this portion of A -1-A is at LOS "A", the high rate of speed and large volume of pedestrians appear to outweigh the benefit of additional parking on the west side of A -1-A. Staff Planner David Nearing reviewed the concerns discussed at the Public Hearing on January 20th which led to the tabling of this item until today's meeting. The main concerns were insufficient parking, increased traffic impact on AIA, lack of 8 -ft. wide bike paths, and the need -for more detailed sea turtle protection from project lighting. He.advised that since the last meeting, the applicant has revised their site plan to include 31 additional parking spaces on the west side of AIA; added an 8 -ft. wide public bike path to the west side of AIA with an additional 10 ft. right-of-way dedication for the bike path; added a deceleration right turn lane; provided a more detailed turtle protection plan to shield project lighting; and has proposed to 3 -lane AIA. Staff is of the opinion that because of the large volume of pedestrians and the high rate of speed in that area, the safety factor outweighs the benefit of parking on the west side of AIA. Chairman Scurlock read aloud the following letters: 24 JAN 2 7 1987 B601K. r-7 f , :r 84 rJAN 27 '1987 WOR: rRITZ GIEtg1ART ^E MAYOR: A. JOHN TODD. JR. 3UNCIL: ALFRED E. MleADAM, m MIA W. CLARK GEORGE P. BUNNELL 3wN MANAGER: JOSEPH C. DORSKY Mr. J. C. Dorsky Town Manager Indian River Shores, Florida 32963 Dear Joe: —7 BOOK ��6 FA,E 85 TOWN OF INDIAN RIVER SHORES 6001 NORTH A -1-A, INDIAN RIVER SHORES, FLORIDA 32963 (305) 231-1771 January 21, 1987 I feel that in our effort to cover our pos- ition in the event county commission approved the beach club, we left the impression that we did not object to approval. Our letter to the commission outlining our concerns must now be beefed up by this Council's specific objections to approval, and request for turning it down. - 1. Approval for owners of 3000 homes to use a facility with 89 parking spaces. 2. Adding vehicular concentrations to this small town against all planning advice. 3. Precedent setting. Please relay my feeling to the Council and my commitment to a stepped up campaign against it. Thanks. lSincerely, :George Bunnell 3pc11ANDf RIVER SHORES PROPERTY OWNERS' ASSOCIATION 0 P.O. Box 8284 0�CC Indian River Shores, Florida 32963 COMMI�ou January 26, 1987 The Honorable Don C. Scurlock County Commission Office 1840 25th Street Vero Beach, FL 32960 Dear Commissioner Scurlock, The Board of Directors of the Indian River Shores Property Owners Association, 4 which represents 439 taxpayers residing in the Town of Indian River Shores are opposed to the establishment of the "Beach Club" proposed by the Schaub Development Company at the county enclave in the midst of our community. 25 It is our understanding that the intention of the developer is to offer or provide membership in the proposed club to purchasers of dwelling units in the Grand Harbor Development presently planned for the mainland, which will eventually total nearly 3000 dwelling units, a resort hotel, etc. This proposal is totally inconsistent with the character of the Town of Indian River Shores and is in conflict with the interests of our property owners who have chosen to live in a community which is dedicated to the principles of low density and minimum commercial development. The prospect of increased traffic and overflow parking caused by hundreds of people travelling to and from this facility and yet having no proprietory interest in the community is appalling indeed. Therefore our Association respectfully urges all members of the County Commission to reject outright this proposed use of the county enclave in the middle of our town. Sincerely, John C. McDonald -"President IRS Property. Owners Commissioner Eggert understood that the Planning Dept. feels a 30 -ft. buffering is needed even though it would normally call for a Type C buffering, and Robert Keating, Director of Planning & Zoning, explained that the requirements of the Zoning Ordinance mandate a 25 -ft. side yard setback , but staff feels an extra 5 feet would ensure greater separation and that a more intensive screening, Type A, would provide a better buffer. He noted that the developer has accepted those conditions. Chairman Scurlock asked if there was any thought given when the special exception was first created to the potential impact of allowing large concentrations of really commercial activities on the beach, activities that allow much more than just beach access, and if any consideration was given to this setting a precedent for requests by large developments such as Sebastian Lakes or Village Green to provide beach accesses for their residents. Director Keating felt that was the reason why beach clubs are a special exception, particularly given the fact that beach clubs can range from just a beach access to a very intensive use. He believed that there is a need to review these requests on a case by case basis, and that if there were a proliferation of beach clubs providing more than just beach access, then there JAN -71987 - 2 s aoo� JAN 2 7 1987 BOOK U1 87 - 30,000 might be a need for the County to consider amending the special - 5,000 exception criteria. Basically, staff's position would be that a proliferation of beach clubs that provide commercial activities would not be beneficial to the County. Chairman Scurlock opened the Public Hearing and asked if anyone wished to be heard in this matter. Attorney Steve Henderson, representing Schaub Communities, Inc., felt that the issue is more than just parking spaces. He distributed the following outline to follow along as he made his presentation: SCHAUB COMMUNITIES - BEACH CLUB 1. NATURE OF THE GRAND HARBOR PROJECT: The Grand Harbor Project is primarily a golf course/tennis/harbortown community. Golf courses and other recreational facilities will be owned by non-profit club organizations (River Club and Grand Harbor Club), and it is these club members that will have access to the Beach Club. The Beach Club, however, will only be a small element of the total recreational facilities available. For example: Grand Harbor Golf Clubhouse - 40,000 square feet River Club Clubhouse - 30,000 square feet Tennis Clubhouse - 5,000 square feet Swimming and Health Club - 9,000 square feet The Beach Club will contain only 1,800 square feet of air-conditioned space which is intended for use as a dining room, seating approximately 120 people. 2. PLANNING FOR RECREATIONAL FACILITIES: The planning behind the recreational facilities serving Grand Harbor/ Shores /Baytree projects was not a matter of mere guesswork but was based upon extensive analysis and studies by Goodkin Research Corporation and Laventhol & Horwath, a nationally recognized accounting firm specializing in the resort industry. 3. CONNECTION WITH THE GRAND HARBOR DEVELOPMENT: In March of 1985, Indian River County expressed concern over the impact that the Grand Harbor Development would have on the County beach parks. This was in the form of a letter to the Treasure Coast Regional Planning Council dated March 21, 1985, a copy of which is attached as Exhibit A. (see Question 27 - Page 2). In response thereto, the Grand Harbor DRI application was thereafter amended so as to address this issue. (See Exhibit B). The developer indicated therein that it had contracted to purchase the present site and to utilize same as the Grand Harbor Beach Club. The response further indicated that the Beach Club would be located approximately 1/2 mile south of The Baytree Project. In fact, the seven -acre oceanfront parcel was acquired by Grand Harbor, Inc. in December, 1985. 27 M M 4. REDUCTION OF IMPACTS ON COUNTY BEACHES: One of the County's original concerns was the possible impacts of the Grand Harbor Project on County beaches. Schaub Communities is proposing to spend 2.5 to 3 million dollars in creating this Beach Club, which, in turn, will provide beach access for members of the Grand Harbor Club and River Club. If the Beach Club is not approved, members will find their way to the beach, anyway; the only difference being is that they will increase the impact on the existing County beach accesses and facilities. The concept of providing a beach club for use by member residents at Grand Harbor, Baytree and Shores was originally acclaimed by the County officials as an excellent response to County concerns over impacts on County recreational facilities. Schaub Communities has previously deeded a 70 -foot beach access to the County lying immediately adjacent on the south through the Baytree Project. 5. PARKING: Schaub Communities will accept such reasonable conditions as may be imposed so as to increase parking areas either on-site or across A -1-A. The original number of parking spaces (89) was arrived at by application of County Ordinances and coordination with the County Planning staff. If additional parking is thought to be desirable on the west side of A -1-A, Schaub Communities is willing to accept conditions which would address safety issues, such as: A. Designating west side parking as employee only; B. Designating west side parking for valet only; C. Providing shuttle service across A -1-A. 6. TOWN OF INDIAN RIVER SHORES: Schaub Communities recognizes that the Town of Indian River Shores, through their Town Council, has expressed concern over the proposed project, in view of the fact that it is located within a County enclave. Representatives of Schaub Communities have attended Town P&Z and Council meetings on this subject. At the Town Council meeting on January 7, 1987, the Council, though taking no formal action, indicated that they would express no formal opposition provided: A. The owner agreed to voluntary annexation. B. The owner agreed to assist the Town (perhaps through impact fee donation) to accomplish the three-laning of A -1-A for the length of the property. C. The owner agreed to install deceleration lanes. D. The owner agreed to contribute to the Town's bike path fund. Schaub Communities has responded positively to all of the concerns of the Town. By letter to the Town, Schaub Communities has: A. Agreed to voluntarily be annexed following construction of the Club. 28 BOOK ,SAN 1 E JAN d 667 B. Agreed to assist the Town in (Actually, three lanes presently exist, lane is a turn lane for Indian Trails.) C. Agreed to deceleration lanes. BOOK 67 F,AI,JE 89 three-laning A -1-A. although the middle D. Agreed to construct a bike path from the project all the way down to Old Winter Beach Road. 7. COMMERCIAL ASPECTS: By their very nature, beach clubs and country clubs in their operation take on certain "commercial" characteristics, usually in the form of food and beverage service to members. The proposed Project contains a small dining room with a seating capacity of approximately 120 people. (John's Island has capacity for approximately 470 people.) In addition, there will be a small outside snack serving members utilizing the beach and pool. It must be kept in mind that this is a "members only" club. Membership initiation fees will range from $7,000.00 (Grand Harbor Club) to $25,000.00 (River Club). In addition, members will be subject to assessment for annual dues. The Beach Club is an amenity for its members and it is not intended to operate at a profit in and of itself. This is a far cry from running a general commercial operation open to the public. It is also substantially less commercial than the Sea Oaks project which presently offers memberships for as low as $250.00, annually, to non-resident owners. Under the present membership plan, to qualify, members must be residents of one of the Schaub Communities. No non-resident memberships are anticipated. Schaub Communities is willing to accept a condition that would require a minimum membership contribution of $7,000.00 per membership. 8. SPECIAL EXCEPTION APPROVAL PROCESS: Some concern has been expressed that this Beach Club facility is somehow different from comparable facilities (Sea Oaks and John's Island) since it does not serve an adjacent residential development. The fact is, that were it connected with an adjacent development, it would likely be considered accessory and would not require special exception approval. The special exception approval is uniquely designed to accommodate this type of project. The Beach Club is located between projects known as Baytree - and The represent an existing investment of Because of the proximity of the Beacl residents of these two developments are users of the Beach Club. 9. CONCLUSION: existing Schaub Community Shores. These projects over 50 million dollars. i Club to these projects, likely to be the primary A. The Schaub Communities Beach Club represents a relatively -minor element of the total recreational amenity package available at Grand Harbor and Baytree. B. The Beach Club is not only an amenity available to members who are residents of Schaub Communities, but it is also a response to previously -expressed County concern over impact on County beaches and beach accesses. 29 C. If the Beach Club is not constructed, the traffic impact and impact on County beach facilities will occur in any event. Schaub Communities is attempting to "take care of its own", at its expense instead of the taxpayer's expense. D. Concerns expressed that the Beach Club is not accessory to an adjoining residential development overlook the fact that the special exception process was created for this exact type of project. If the Beach Club was accessory, special exception approval would not be required. E. The Beach Club will be available to members only. Members must own property in one of the Schaub Communities. Initial membership initiation fees range between $7,000.00 and $25,000.00, plus annual dues. F. Food and beverage service facilities are incident and typical of this type of club facility and should not be considered "commercial" in nature. Chairman Scurlock asked if the hotel guests would have use of the beach club, and Attorney Henderson explained that the hotel is designed to serve prospective buyers in Grand Harbor, but eventually it will become a condominium hotel. Each individual suite will be owned by individuals who will have the option of joining the Grand Harbor Club and paying the same initiation fee as other owners in the project. Guests at the hotel likely will have privileges at the beach club, but it is felt that once the development has been completed, the need for that type of transient activity will stop. He believed the use of "hotel" is really a temporary situation. Attorney Henderson advised that hick and Richard Schaub are here today to answer any questions the Board may have. Commissioner Wheeler asked if the $7,000 membership fee restriction is enforceable as a condition to this being approved, and Attorney Henderson advised they are willing to accept the condition that the membership fees will be sold at no less than $7,000. He noted that memberships in clubs normally permit use of facilities not only by members, but also guests. Attorney Henderson stated that these non-profit clubs are owned by separate entities, although there is a relationship to the developer. He pointed that out that because of the background 30 BOOK � mu 90 JAN 2? 7 190V JAN 2 7 1987 BOOK �F7 PACE financing on this, the developer would not be able to cloak the payment of membership fees by putting them in the cost of the unit. In fact, it would be much to his disadvantage to do that because of his relationship with his lender. Attorney Vitunac was not sure whether we could enforce a specific membership fee for a private club, but pointed out that a membership fee is one incident in the whole picture of what makes a private club or a commercial club. He stressed that if we ever got into an issue of trying to shut them down for violating their special exception, we would show the membership fee withdrawals as one of the factors. He felt it is partially enforceable. Attorney Henderson advised that the County Attorney's office has condominium documents on the first two phases of the Grand Harbor project and believed that no provision is made for permitting short term leases on the hotel suites, as they are more of the standard condominium variety for longer terms. Chairman Scurlock felt that basically the developer is planning to use these ancillary facilities as a marketing tool, and it seemed to him that most of the use would be by prospective buyers staying in the hotel suites. Attorney Henderson felt that it would be similar to the activities at Johns Island.for the last 15 years, but Commissioner Eggert believed it was 13 out of the last 15 years, and noted that activity no longer exists. Attorney Henderson pointed out that Island House has become exactly what they anticipate this hotel to become, but Commissioner Eggert stressed that to have condominium documents now does not mean they cannot be changed. Attorney Henderson agreed, but felt that all they can do is show that their intent a!nd approach along these lines has been in good faith. He stated that they are willing to agree to conditions if the County Attorney feels that they are legally enforceable, or even if he doesn't. 31 Richard Schaub emphasized that people who enjoy the beach will not be coming to Grand Harbor. If they want a beach vacation, they will go to the Driftwood, the Pickett or some other beachfront facility. They want to be able to provide limited dining facilities in order to make this.a first class resort and feels that is what the county wants them to develop. In conclusion, Attorney Henderson urged the Board to consider the fact that this parcel of property is in the county, and noted that while the Town of Indian River Shores has the right to object, there has not been any objections from owners of immediate adjoining property. Commissioner Bowman was concerned about the ownership factor because she felt it was reasonable to assume that the primary developer may not be the owner in the long run and the beach club could be split off as a separate facility. She felt that after it is sold, we could see 'most anything, including requests to go to multi -story and other sorts of development. Altred MacAdam, 12 -year resident of Pebble Lane, and Councilman of Indian River Shores, was bothered by the inference that the Town of Indian River Shores was responsible in some way for the existence of the county enclaves. He recalled that after the last hearing with the State Legislature, their efforts to redefine the boundaries of Indian River Shores and include those properties that were not part of the Town met with no success due to some legislators' attitude that if it was okay for the town, it was okay with them. Mr. MacAdam understood that the property in question does not occupy all of that particular county enclave. He pointed out that there seems to be some confused feelings about how the Town stands on this matter, and wished to confirm that the Town is opposed for the following reasons. ...use of the beach club by hotel guests ...the impact on the Barber Bridge ...the public safety problems for the County and Indian River Shores 32 J2 r-, 1987 BOOK 67 F,�vE 92 JAN 2 7 1987 BOOK 67 PAiE 93 ...the Sheriff's position that the beach is very low on his list of priorities Mr. MacAdam stressed that the Town was assured that there would be no parking on the west side of AIA, and felt that would be a disaster if allowed because of the 3 -lanes. He pointed out that AIA has a 55 mph speed limit along there, and felt you could forget the possibility of obtaining permission for a traffic light there because the DOT is not inclined that way as they wish to keep the road open. In conclusion, Mr. MacAdam felt that the residents of Grand Harbor would benefit from the beachfront property that the County has purchased through the Save Our Beaches program. George Bunnell, resident of Beachcomber Lane, and Councilman of Indian River Shores, summed up the position that Indian River Shores finds itself in this problem: The residents have some very important common concerns, the main one being the traffic impact on AIA which is the only corridor along the barrier island. The residents of Indian River Shores and their visitors are deployed along 6 miles of beach, which is a deliberate effort to avoid traffic congestion, and he believed the very smallness of the subject property (300-400 ft.) which is proposed to be used by residents of 3000 units will maximize the problem, not minimize it as the developer claims. Mr. Bunnell felt that the County should back up the legitimate concerns of another local government entity, and asked the Board for their support in avoiding a very serious potential problem. Commissioner Bird asked where the residents of the Town access the beach if they do not live right on the ocean, and Mr. Bunnell advised that the residents use an access in the center of the Town, private accesses, and the two County accesses at either end of the Town. Commissioner Bird stated he was getting mixed signals as to the position of the Town Council in this matter, since we are 33 hearing from individual councilmen today rather than the Council as a whole. Mr. Bunnell noted that they did take a concentrated position in the letter they directed Manager Dorskey to write to the Commission outlining the concerns that have been discussed and rediscussed, and felt that would be sufficient. However, after the Commission tabled the item last week, they decided they would participate in this meeting. Commissioner Bird felt that some of the steps that the developer has agreed to would mitigate the concerns of the councilmen, but Mr. Bunnell felt it -has not helped. He stressed that he is speaking for the majority of the Council which is in attendance this morning. Attorney Henderson reemphasized that they don't feel that this project is any more commercial than the clubs presently operating in Indian River Shores, and mentioned Sea Oaks. He believed it is just the nature of things that some commercial type activities take place at private clubs, such as dining rooms and snack bars, but he felt that one could not describe this facility as being a commercial use. Attorney Henderson argued that this is not in conflict with the traffic element of the Hutchinson Island Management Plan. They agree that enclaves are a problem, but pointed out that they have consented to being served by the Town's police and fire protection while the project is being built, and have also consented to the annexation of the area after the project is completed. As far as parking is concerned, they are willing to limit it or provide more spaces if that is the answer. To provide more spaces on the east side of AIA might require the elimination of that extra 5 -ft. side yard setback requirement. They think they could get in 10 more spaces by just eliminating some of the landscaping, JAN 2 7 1981 34 BOOK 7 f' JAN 2 7 1987 1 BOOK F''"JE 95 and if the Board wants to make that a condition of its approval, he stated they are willing to accept it. Richard Schaub confirmed that with the elimination of the extra 5 -ft setback, they could get 25 additional parking spaces on the east side of AIA. Commissioner Eggert believed the parking will overflow onto non -parking areas. Richard Schaub anticipated that Grand Harbor will reach sellout in 8'to 10 years. Commissioner Wheeler asked how many people over the 8-10 years would be using the beach club, and Mr. Schaub reiterated his belief that since Grand Harbor is mainly a golf, tennis and boating community, people who primarily are concerned with the beach will not be interested in living at Grand Harbor. He pointed out that Schaub Industries have properties within Indian River Shores and do not wish to impact themselves. They have tried to do everything they can to be cooperative. Mike Bird of Beindorf & Associates explained that the traffic generation analysis they did for Schaub Industries was based on two land uses, dining facilities and recreation. The 50 parking spaces for the dining facility was computed on the square footage of the room. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously closed the Public Hearing. Commissioner Bird felt the Commission has supported the Grand Harbor project from the beginning because of the substantial impact it will have on the economic growth in this county. He stated he would continue to support what the Schaub's are trying to do, but he has a sincere concern for the residents of Indian River Shores and felt we must work with the leaders of that community as best we can to preserve their 35 quality of life. Commissioner Bird believed it would be easier for all of us if this project was not located in a county enclave, but felt that because of the smallness of the facility, it will not have serious or negative impact on the residents of Indian River Shores. He pointed out that the beach clubs for Riomar and Johns Island are good examples of this. Commissioner Wheeler stated that he also is in support of the Grand Harbor project, but has a problem with the beach club because he still feels that it is at least a semi -commercial use in a residential area and would set a precedent for future special exception requests. He felt it is too small an area to accommodate residents from 3 different residential projects and had a problem with pedestrians having to cross AIA to get to their cars. In conclusion, Commissioner Wheeler felt the Board - should give heavy consideration to the input from the Town Council. Commissioner Eggert also agreed that Grand Harbor is a wonderful benefit to this community, but noted that she received 50 phone calls yesterday from people in her district objecting to the proposed beach club. She stated she would not vote for it because she feels it would be setting a precedent. Commissioner Bowman agreed with everything that has been said in opposition to the beach club, and stated she would not vote for it. She recalled that she served many long hours with the Hutchinson Island Study Committee and felt this is not consistent with that plan. Chairman Scurlock emphasized that the County has a master plan to provide recreational facilities and beach access and is planning to acquire two more pieces of beachfront property, which will provide extensive access to the beach in the north part of the county. He pointed out that the Town of Indian River Shores cooperated in the beach acquisition plan by choosing to tax themselves at a very high level to support the $5 -million beach bond issue, and believed they did so because 36 BOOK f'F�UE JAN 2 7 1987 BOOK 6 7 Pik,, F. 97 they want things to be compatible within a neighborhood, just as a single-family resident of a suburb on the mainland wants his property to be buffered from public uses. The Chairman felt that perhaps we made a mistake in the DRI approval for Grand Harbor when we required them to provide beachfront access instead of requiring funds to develop existing county -owned beachfront parks. He agreed with everything in terms of what was said about the location of the beach club, and stated he would vote to deny the special exception. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Eggert, the Board voted 4-1, Commissioner Bird dissenting, to deny Schaub Communities' request for special exception approval to locate a beach club in a residentally-zoned area. PUBLIC HEARING - PETITIONS FOR PAVING & DRAINAGE IMPROVEMENTS The hour of 9:05 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to wit: 37 VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian. River County, Florida; that the attached copy of advertisement, being a/4A:zG O In the matter of a, In the Court, was pub- lished in said newspaper In the issues of �67 Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for th rpose of securing this adver- tisement for publication in the said newspaper. // -- �� Sworn to and subscribed before me this (SEAL) (Clerk of the Circuit Court, In n River County, Florida) NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF IN- DIAN RIVER COUNTY FLORIOA, as follows. 1. The foregoing recitals are affirmed ar d .rata fled in their entirety. 2. A project providing for paving and drainage improvements to 21st Avenue from 1st Street SW to. 2nd Street & 2nd Street from 20th Avenue to '21st Avenue; 7th Court from;:llth. Street to 12th Street; 11th Street from 6th Avenue to.U.S.,#1; 9th Drive from 2nd Street "to South Relief Canal; 6th Street•from 12th Avenue to 14th Avenue & 12th Avenue from 5th Place to 6th Street hereto designated as Public Work's Project Nos. 8522, 8519,1 8520, 8521, 8523, are hereby approved I subject, to the terms• outlined above and all appli- ' cable requirements of Section '11-34, Indian River County Code of Laws and Ordinances, The foregoing resolution was offered by Com- missioner who moved its adoption. The motion was seconded by Commissioner - - and, upon being put to a, vote the vote was as follows: Chairman Don C. Scurlock Jr. Vice Chairman Margaret C Bowman Commissioner Richard N. Bird Commissioner Carolyn K. Eggert Commissioner Gary C. Wheeler The Chairman thereupon declared the resolu- tion duly passed,and adopted the -�--, day of 1987. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY FLORIDA VR C. SCURLOCK, JR., CHAIRMAN 1 JAS 7 10 AfteSL FHEDA WHICiH l , l:r:trtin APPRGVED AS TO FORM AND r LE SUFFICIENCY ggyy my Attorney's Office APPR VED BY 4r s James W. bavfs,'.E Public Works Director ` PLEASE TAKE FURTHER NOTICE that at the same public hearing, the Board of County Com- missioners shall also hear all intere9ted persons regarding the proposed assessments contained in the preliminary assessment roll for the im- provements described In the above resolution. The preliminary assessment roll is currently on file with the Public Works Division and open for Inspection between.the hours of 8:30 A.M. and 5:00 PV.. Monday through Friday. s If a petson decides to appeal any decision made by the Commission with respect to any matter considered at this hearing, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the ap. peal is to be based. INDIAN RIVER COUNTY -Charles P. Balczun County Administrator Jan. 5- 1987 38 s. ; PUBLIC NOTICE ' ..-• -- � PLEASE TAKE NOTICE that tha Board of County Commiasipnerseof'Ihdian;RiverCounty. Rorida, will hold a publictmaring at 910 A.M. on Tues- a day. January `27: 7987, in the Commission Chambers located -.at 1840 25th Street Vero Beach,. Florida. to consider adoption of "101- + lowing proposed resolution; +.• ; "RESOLUTION NO 87 ii RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING f FOR CERTAIN PAVING AND DRAINAGE YIMPROVEMENTS TO 21ST AVENUE FROM 1ST 1ST STREET S.W. TO 2ND STREET'& 2ND STREET FROM 20TH AVENUE TO 21ST AVENUE; 7TH _ - s" POURT FROM 11TH STREET TO 12TR ySTREET- `11TH -STREET FROM 6TH i ...AVENUE -TO U.S. 41; 9TH DRIVE FROM 2ND STREET TO SOUTH -RELIEF 6� CANAL; STH STREET FROM 12TH AVE- NUE TO 14TH AVENUE & 12TH AVENUE ". FROM 5TH,PLACE TO 6TH STREET "PROVIDING`THE -TOTAL ESTIMATED ' COST,. METHOD OF PAYMENT OF AS- i'•�:.,SESSMENTS, NUMBER OF ANNUAL IN- i- '_STALLMENTS AND LEGAL DESCRIP- 'TION OF THE AREA SPECIALLY BENE- _ e - FITSD if,IMEREAS, the County Public Works Depart ment has received a public improvement peti- tion, signed by -more than `% of the owners of property, in A portion:of.the area -to be specialty benefited, requesting paving ..and drainage im- provementsto list Avenue m 1st Street S.W. to 2nd Street & 2nd Street from 20th Avenue to 21st Avenue; 7th Court from 11th Street to 12th Street, lith Street from'6th Avenue to U.S. -1; 9th Drive from 2nd'Street"to South Relief Canal; p 6th Street from 12th Averlue to 14th Avenue & 12th Avenue from 5th Place to 6th Street; and WHEREAS, the petition has been verified and `meets the requirements of'Seetion 11-23, Indian River County_Code of Laws and Ordinances, and design work Including Cost estimates have been completed by the Public Works Department: and- . WHEREAS, the total estimated cost of the pro- posed improvements is $119,031.35; and , WHEREAS, the special assessment provided hereunder shall, for any given record owner of property "within the area specially benefited. be In an amount equal to that proportion of seventy- five percent (75%) of the total cost of the project whichthe number of lineal fest of road frontage owned by" the- given .owner bears to the total number of lineal feet of road frontage within the area specially benefited;'and . WHEREAS, the special assessment shall be- come due.and-payable at the Office of the Tax Collector of Indian River Courtly, ninety -(90) days after the final determination of the special as- sessment pursuant to Section 11-34,"indian River y CountyCode of Laws and Ordinances; and g WHREAS, Indian River County Shall pay`the remaining twenty-five percent (25%) of the total cost of the project: and, . ,,, ;>_,1 , z1 WHEREAS, any special ass�smeht not paid within said nhiely (90) day period shall bead in- terest beyond the due dam at a rate established M=.(die Board of County Commissioners at the time of preparation of the final assessment roll and ,shall be payable';Wtwo (2) equal instal lemnts, the first to be made twelve (12) months A from the due date and ire second to be made,: twenty-four 24) months from the due date; and WHEREAS, after examination of the nature and anticipated usage of.theproposed improve- ments, the Board of County,Commissioners has ' determined that the following described proper- ties shalt receive a --direct and special ben86d from these improvements, to wit: Lot 1 and Lots 17 through 32, Block A " i Lots 1 through 16, Block B, Indian River Heights Subd-UnIt 2 as recorded in Plat Book 6; Page?5 and Lot 17, Block E, In- dian River Heights Subd. Unit I as re- corded in Plat Book 5, Page 74 and Lot 17, BlockF, Indian, River Heights Subd. Unit 3 as. recorded in Plat Book 6, Page 49 of the.Public Records, of Indian River County, Florida,e-' Lots 12 through 22�,Block 1. Lots 1 through 11,, Block 2, Casa Rio Subdivl siowas recorded inPlatBook 1. Page 81 of the Public QeCOMS ,Pi;lndian Ricer County, Florida.- :�4 Part of Lots 2 &-3-of VILand Cos_, i Subdivision as recorded in Plat Book 3, Page 19 and Lots 111 & 12, Block 1, Lots 11 & 12, Block 2, Casa Poo Subdivision as recorded in Plat Molt 1, Page 81 of the Public ` Records �Indian.. River County Florida. , . :Lots 1 through 17, Blockdian River Heights, Unit 8 as recordt�tat 9 7, Page 31 of the Public RecGrds of 61 than River County. Florida r; Lot 1 and Lots 3 though 10. Block 24, RoyalPoinciana Park No. 2 as recorded { in Plat Book 4. Page 44 and Lots 12 & 13. Block 7, Lots 12 & 13, Block 8, Glendale Park Subdivision as recorded in Plat -.- Book,},Page 87 of to Public " Indian RiverCounty. Florida,_ .. BOOK F1' AN 2 7 198 BOOK 616 / F'1�131 9 The Board reviewed the following memo dated 1/12/87: TO: THE HONORABLE MEMBERS OF DATE: January 12, 198FOLE: THE BOARD OF COUNTY COMMISSIONERS -. THROUGH: Charles P. Balczun C ount ��i st-actor SUBJECT: R p�B a �f''a'$s County Engineer FROM: Mich lle A Terr Public Hearing to consider resolution providing for the paving of: 1) 7th Court 2) 11th Street 3) 9th Drive 4) 21st Avenue 5) 6th Street e y Civil Engineer REFERENCES: DESCRIPTION AND CONDITIONS Petitions have been received from property owners,;the following streets: 1) 7th Court between 11th Street & 12th Street (Preliminary Cost $15,653.43, 67% consent) 2) 11th Street between U.S. 1 & 6th Avenue (Preliminary Cost $30,787.04, 84% consent) 3) 9th Drive between South Relief Canal & 2nd Street (Preliminary Cost $14,644.57, 65% consent) 4) 21st Avenue between 1st Street SW & 2nd Street and 2nd Street East to 20th Avenue (Preliminary Cost $38,501.38, 67% consent) 5) 6th Street from 12th Avenue to 14th Avenue & 12th Avenue from 5th Place to 6th Street (Preliminary Cost $19,444.93, 67% consent) Preliminary assessment rolls have been prepared for the paving and drainage improvements. The total cost of these projects is. approximately $119,031.35. There is approximately $152,915.68 in the FY86-87 budget for Petiton Paving, Account No. 703-214-541-035.39. As money from other roads is replenished to the Petition Paving Account, these roads will be paved. ', Also, advertisement of the public hearing and notification to the property owners has been performed. RECOMMENDATION AND FUNDING After consideration of the public input provided at the public hearing, it is recommended that motions be made to: 1) Adopt resolutions, providing for the paving and drainage improvements for each petition paving project, subject to the terms outlined in the Resolutions. The applicable interest rate shall be 1% over the Prime Rate at the time the final assessment roll is approved. 2) Approve preliminary assessment rolls including any changes made as a result of the public hearing. 3) Allocate $119,031,35 from the Petition Paving Account to fund this work. 4) The Road and Bridge Department be notified to schedule construction probably in June, 1987 or when funding is available. 39 Chairman Scurlock explained that Utilities has a different procedure in an interest rate. They set a flat rate on a periodic basis, whereas the paving assessment interest is determined by adding 1% to whatever the prime rate is on the day the final assessment roll is approved. He suggested that sometime in the future the Board consider setting an interest rate every 6 months or so. Director Davis advised that would be fine if the Board wished to do that today, but felt that the fluctuating interest rate probably affects the Tax,Collector's office more than Public Works. Chairman Scurlock just wanted everyone to think about changing the procedure. 7TH COURT - between 11th Street 6 12th Street Chairman Scurlock opened the Public Hearing and asked if anyone wished to be heard in this matt.er. There being none, the Chairman declared the Public Hearing closed. ON MOTION by Commissioner Bird, SECONDED by Commissioner Bowman, the Board unanimously -adopted Resolution 87-6, providing for certain paving and drainage improvements for 7th Court between 11th Street and 12th Street. 40 BOOK FAU 100 N 2 7 1987 "SOLUTION NO. 87- 6 BOOK 67 p}A F lfjl A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 7TH COURT FROM 11TH STREET TO 12TH STREET; PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS AND LEGAL DESCRIPTION OF THE AREA SPECIALLY BENEFITED. WHEREAS, the County Public Works Department has received a public improvement petition, signed by more than 2/3 of the owners of property in a portion of the area to be specially benefited, requesting paving and drainage improvements to 7th Court from 11th Street to 12th Street; and - WHEREAS, the petition has been verified and meets the requirements of Section 11-23, Indian River County Code of Laws and Ordinances; and design work including cost estimates have been completed by the Public Works Department; and WHEREAS, the total estimated cost of the proposed improvements is $15,653.43; and WHEREAS, the special assessment provided hereunder shall, for any given record owner of property within the area specially benefited, be in an amount equal to that proportion of seventy-five percent (75%) of the total cost of the project which the number of lineal feet of road frontage owned by the given owner bears to the total number of lineal feet of road frontage within the area specially benefited; and WHEREAS, the special assessment shall become due and payable at the Office of the Tax Collector of Indian River County ninety (90) days after the final determination of the special assessment pursuant to Section 11-34, Indian River County Code of Laws and Ordinances; and WHEREAS, Indian River County Shall pay the remaining twenty-five percent (25%) of the toal cost of the project; and WHEREAS, any special assessment not paid within said ninety (90) day period shall bear interest beyond the due date at a rate established by the Board of County Commissioners at the time of preparation of the final assessment roll, and shall be payable in two (2) equal installments, the first to be made twelve (12) months from the due date and the second to be made twenty-four (24) months from the due date; and WHEREAS, after examination of the nature and anticipated usage of the proposed improvements, the Board of County Commisioners has determined that the following described properties shall receive a direct and special benefit from these improvements, to wit: Lots 12 through 22, Block 1, Lots 1 through 11, Block 2, Casa Rio Subdivision as recorded in Plat Book 1, Page 81 of the Public Records of Indian River County, Florida. 41 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing recitals are affirmed and ratified in their entirety. 2. A project providing for paving and drainage improvements to 7th Court from 11th Street to 12th Street, hereto designated as Public Works Project No. 8519, is hereby approved subject to the terms outlined above and all applicable requirements of Section 11-34, Indian River County Code of Laws and Ordinances. The foregoing resolution was offered by Commissioner Bird who moved its adoption. The motion was seconded by Commissioner Bowman and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert Aye Commissioner Gary C. Wheeler Aye The Chairman thereupon declared the resolution duly passed and adopted the 27th day of January , 1987. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY FLORIDA DON C. SCUR OCK, JR. HAIRMAN Attest: FREDA WRI�IT, �ER '�- v ,e APPROVED AS TO FORM AND LEGAL SUFFICIENCY ByCSZ County Attorney's Office APPROVED BY J s W. Davis, P.E., Public Works Director 42 BOOK 6 F1Ur 0 JAN 2 7 1987 JAN 2 d IS81 BOOK �FAt 11TH STREET - between U.S. #1 & 6th Avenue Chairman Scurlock opened the Public Hearing and asked if anyone wished to be heard in this matter. There being none, thea Chairman declared the Public Hearing closed. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Eggert, the Board unanimously adopted Resolution 87-7, providing certain paving and drainage improvements for 11th Street between U.S. #1 & 6th Ave• 43 RESOLUTION NO. 87-7 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR.CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 11TH STREET FROM 6TH AVENUE TO U.S. #1; PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS AND LEGAL DESCRIPTION OF THE AREA SPECIALLY BENEFITED. WHEREAS, the County Public Works Department has received a public improvement petition, signed by more than 2/3 of _ the owners of property in a portion of the area to be specially benefited, requesting paving and drainage improvements to 11th Street from 6th Avenue to U.S. #1; and WHEREAS, the petition has been verified and meets the requirements of Section 11-23, Indian River County Code of Laws and Ordinances; and design work including cost estimates have been completed by the Public Works Department; and WHEREAS, the total estimated cost of the proposed improvements is $30,787.04; and WHEREAS, the special assessment provided hereunder shall, for any given record owner of property within the area specially benefited, be in an amount equal to that proportion of seventy-five percent (75%) of the total cost of the project which the number of lineal feet of road frontage owned by the given owner bears to the total number of lineal feet of road frontage within the area specially benefited; and WHEREAS, the special assessment shall become due and payable at the Office of the Tax Collector of Indian River County ninety (90) days after the final determination of the special assessment pursuant to Section 11-34, Indian River County Code of Laws and Ordinances; and WHEREAS, Indian River County Shall pay the remaining twenty-five percent (25%) of the toal cost of the project; and WHEREAS, any special assessment not paid within said ninety (90) day period shall bear interest beyond the due date at a rate established by the Board of County Commissioners at the time of preparation of the final assessment roll, and shall be payable in two (2) equal installments, the first to be made twelve (12) months from the due date and the second to be made twenty-four (24) months from the due date; and WHEREAS, after examination of the nature and anticipated usage of the proposed improvements, the Board of County Commisioners has determined that the following described properties shall receive a direct and special benefit from these improvements, to wit: i Part of Lots 2 & 3 of Vero Land Cos., Subdivision as recorded in Plat Book 3, Page 19 and Lots 11 & 12, Block 1, Lots 11 & 12, Block 2, Casa Rio Sub- division as recorded in Plat Book 1, Page 81 of the Public Records of Indian River County Florida. BOOK. 67 104 JAN 2 7 1987 JAN 21 BOOK �(t NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing recitals are affirmed and ratified in their entirety. 2. A project providing for paving and drainage improvements to 11th Street from 6th Avenue to U.S. #1, hereto designated as Public Works Project No. 8520, is hereby approved subject to the terms outlined above and all applicable requirements of Section 11-34, Indian River County Code of Laws and Ordinances. The foregoing resolution was offered by Commissioner Wheeler who moved its adoption. The motion was seconded by Commissioner Eggert and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert Aye Commissioner Gary C. Wheeler Aye The Chairman thereupon declared the resolution duly passed and adopted the 27th day of January , 1987. Attest: CA- 44a, FREDA WRIGHT CLE APPROVED AS TO FORM AND LEGAL SUFFICIENCY �C��^.�� By S.S��:��1�i l County Attorney's Office -- APPROVED BY: Ja s W. Davis, P.E., Pikic Works Director 45 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY FLORIDA By i DON C. SCUR OCK, JR., HAIRMAN 9TH DRIVE - between South Relief Canal & 2nd Street Chairman Scurlock opened the Public Hearing and asked if anyone wished to be heard in this matter. David Prossick, 161 9th Drive, advised that many of the residents on 9th Drive did not like what was presented at the last meeting with regard to drainage. He presented for the record the following petition signed by property owners on 9th Drive. January 26,1987 Board of Bounty Commissioners 1840 25th Street Vero Beach,Florida 32960 We the undersighed wish to retract our signatures from the petition to pave Ninth drive, if the paving can not be done without the proposed drainage plans. Furthermore, it is our desire that Ninth drive be paved without swales and culverts on either side of the road. M 0 J of Description Lot Description Z--e� S 6e Lot Description 0 l l� v i31o�1� c� 46 JAN 2 7 1987 BOOK 'G JAN 2 7 1937 BOOK 67 o -GE 107 With the exception of 2 houses, everyone agreed to sign stating that they wished to withdraw their original petition for drainage improvements since they are on a very high piece of ground and do not foresee any problems in the future, and don't want a swale in the front of their properties. Director Davis advised that if the residents do not want the drainage improvements, staff could just revise the design of the street if the paving is approved this morning. He did not feel that the properties downstream would be affected, but perhaps the upstream properties might be to some extent. He did not foresee any problems in eliminating the drainage improvements. There being no others who wished to be heard in this matter, the Chairman declared the Public Hearing closed. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Eggert, the Board unanimously adopted Resolution 87-8,.providing paving improvements only to 9th Drive from 2nd Street to South Relief Canal. 47 � s RESOLUTION NO. 87 -8 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 9TH DRIVE FROM 2ND STREET TO SOUTH RELIEF CANAL; PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS AND LEGAL DESCRIPTION OF THE AREA SPECIALLY BENEFITED. WHEREAS, the County Public Works Department has received a public improvement petition, signed by. more than 2/3 of the owners of property in a portion of the area to be specially benefited, requesting paving and drainage improvements to 9th Drive from 2nd Street to South Relief Canal; and WHEREAS, the petition has been verified and meets the requirements of Section 11-23, Indian River County Code of Laws and Ordinances, and design work including cost estimates have been completed by the Public Works Department; and WHEREAS, the total estimated cost of the proposed improvements is $14,644.57; and WHEREAS, the special assessment provided hereunder shall, for any given record owner of property within the area specially benefited, be in an amount equal to that proportion of seventy-five percent (.75%) of the total cost of the project which the number of lineal feet of road frontage owned by the given owner bears to the total number of lineal feet of road frontage within the area specially benefited; and WHEREAS, the special assessment shall become due and payable at the office of the Tax Collector of Indian River County ninety (90) days after the final determination of the special assessment pursuant to Section 11-34, Indian River County Code of Laws and ordinances; and WHEREAS, Indian River County Shall pay the remaining twenty-five percent (25%) of the toal cost of the project; and WHEREAS, any special assessment not paid within said ninety (90) day period shall bear interest beyond the due date at a rate established by the Board of County Commissioners at the time of preparation of the final assessment roll, and shall be payable in two (2) equal installments, the first to be made twelve (12) months from the due date and the second to be made twenty-four (24) months from the due date; and WHEREAS, after examination of the nature and anticipated usage of the proposed improvements, the Board of County Commisioners has determined that the following described properties shall receive a direct and special -benefit from these improvements, to wit: Lots 1 through 17, Block O, Indian River Heights, Unit 8 as recorded in Plat Book 7, Page 31 of the Public Records of Indian River County, Florida. JAN 2 7 IS0137 BOOK JAN 2 7 `987 BOOK 67'1 -7 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing recitals are affirmed and ratified in their entirety. 2. A project providing for paving X-cxxgK*$ R*g5t improvements to 9th Drive from 2nd Street to South Relief Canal, hereto designated as Public Works Project No. 8521, is hereby approved subject to the terms outlined above and all applicable requirements of Section 11-34, Indian River County Code of Laws and Ordinances. The foregoing resolution was offered by Commissioner - Bird who moved its adoption. The motion was seconded by Commissioner Eggert and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert Aye Commissioner Gary C. Wheeler Aye The Chairman thereupon declared the resolution duly passed and adopted the 27th day of January , 1987• Attest: 01: �a FREDA WRIGH , CLE APPROVED AS TO FORM AND LEGAL SUFFICIENCYy BY County Attorney's Office APPROVED BY: J es W. Davis, P.E., Public Works Director 49 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY FLORIDA By DON C. SCURL CK, JR., 651AIRMAN 21ST AVENUE - between 1st Street SW 8 2nd Street, and 2nd Street East to 20th Avenue Chairman Scurlock opened the Public Hearing and asked if anyone wished to be heard in this matter. Marilyn Olvey said she lives on the corner 2nd Street and 20th Avenue, and is in opposition of the paving of 2nd Street from 20th Avenue to 21st Avenue. She stated that no one brought a petition to her house and the only notice they received was notice of this hearing. Director Davis explained that 2nd Street connects to 20th Avenue along,a 200 -ft. frontage. Since 2nd Street is considered a local road and not a collector road, staff feels that this section of 2nd Street should be paved in order to provide a connection to the nearest paved road. Angela Baade, representing her father, Cosmo Bellucci, who lives at 205 20th Avenue, stated that he also opposes the paving of 2nd Street. Thomas Eby, 145 21st Avenue, expressed his support for the assessment paving. There being no others who wished to speak in this matter, Chairman Scurlock declared the Public Hearing closed. Commissioner Bird understood that everyone on both sides of 21st Avenue, as well as those properties on both sides of 2nd Street, is paying equally for the paving of 2nd Street. Director Davis confirmed that the cost was all in one pot and everyone was paying for 2nd Street according to the frontage on their respective properties. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously adopted Resolution 87-9, providing for paving and drainage improvements to 21st Avenue between 1st Street SW and 2nd Street, and 2nd Street east to 20th Avenue. 50 BOOK� 1 1' JAN 2 7 1987 r JAN 2 7 1987 BOOK Mrs. Baade asked if her father had any recourse in this decision, and Chairman Scurlock explained that the County has a deferred payment plan available. Attorney Vitunac advised that Mrs. Baade's father can get a lawyer, but this is the end of the line as far as the County's assessment paving procedure is concerned. 51 r RESOLUTION NO. 87- 9 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 21ST AVENUE FROM 1ST STREET S.W. TO 2ND STREET & 2ND STREET FROM 20TH AVENUE TO 21ST AVENUE; PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS AND LEGAL DESCRIPTION OF THE AREA SPECIALLY BENEFITED. WHEREAS, the County Public Works Department has received a public improvement petition, signed by more than 2/3 of the owners of property in a portion of the area to be specially benefited, requesting paving and drainage improvements to 21st Avenue from 1st Street S.W. to 2nd Street & 2nd Street from 20th Avenue to 21st Avenue; and WHEREAS, the petition has been verified and meets the requirements of Section 11-24, Indian River County Code of Laws and Ordinances; and design work including cost estimates have been completed by the Public Works Department; and WHEREAS, the total estimated cost of the proposed improvements is $38,501.38; and WHEREAS, the special assessment provided hereunder shall, for any given record owner of property within the area specially benefited, be in an amount equal to that proportion of seventy-five percent (75%) of the total cost of the project which the number of lineal feet of road frontage owned by the given owner bears to the total number of lineal feet of road frontage within the area specially benefited; and WHEREAS, the special assessment shall become due and payable at the Office of the Tax Collector of Indian River County ninety (90) days after the final determination of the special assessment pursuant to Section 11-34, Indian River County Code of Laws and Ordinances; and WHEREAS, Indian River County Shall pay the remaining twenty-five percent ( 25% ) of the toal cost of the proje.ct; and WHEREAS, any special assessment not paid within said ninety (90) day period shall bear interest beyond the due date at a rate established by the Board of County Commissioners at the time of preparation of the final assessment roll, and shall be payable in two (2) equal installments, the first to be made twelve (12) months from the due date and the second to be made twenty-four (24) months from the due date; and WHEREAS, after examination of the nature and ..anticipated usage of the proposed improvements, the Board of County Commisioners has determined that the following described properties shall receive a direct and special benefit from these improvements, to wit: �AN 2 7 1987 Lot 1 and Lots 17 through 32, Block A, Lots 1 through 16, Block B, Indian River Heights Subd. Unit 2 as recorded in Plat Book 6, Page 25 and Lot 17, Block E, Indian River Heights Subd. Unit 1 as recorded in Plat Book 5, Page 74 and Lot 17, Block F, Indian River Heights Subd. Unit 3 as recprdedin Plat Book 6, Page 49 of the Public Records of Indian River County, Florida. BOOK I ME ��.�, J AN BOOK 67 PAGE 113, -7 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing recitals are affirmed and ratified in their entirety. 2. A project providing for paving and drainage improvements to 21st Avenue from 1st Street SW to 2nd Street & 2nd Street from 20th Avenue to 21st Avenue hereto designated as Public Works Project No. 8522, is hereby approved subject to the terms outlined above and all applicable requirements of Section 11-34, Indian River County Code of Laws and Ordinances. The foregoing resolution was offered by Commissioner Eggert who moved its adoption. The motion was seconded by, CommissionerBowman and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert Aye Commissioner Gary C. Wheeler Aye The Chairman thereupon declared the resolution duly passed and adopted the 27th day of January , 1987. Attest: /te FREDA WRI T, CLEW APPROVED AS TO FORM AND LEGAL SUFFICIENCY County Attorney'"s Office APPROVED BY: VI/ bg� J es W. Davis, P.E., P blic Works Director BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY FLORIDA By , L DON C. SOUR O4K,JR., AIRMAN 53 ® � r 6TH STREET - from 12th Avenue to 14th Avenue and 12TH AVENUE from 5th Place to 6th Street Chairman Scurlock opened the Public Hearing and asked if anyone wished to be heard in this matter. Henry Fairbairn, 12256th Street, objected to having a swale cut in front of his property, because he did not feel it was necessary. He and his wife would like to see the road paved without a swale. He believed the house next door is okay also, but felt the swale around the corner should be deepened. Director Davis explained that there is a lot of area on 13th and 14th Avenues just to the north of 6th Street that they would like to drain along 6th Street and that is basically why the plan shows the swales along that section of 6th Street. They really cannot solve those problems without cutting a swale - on 6th Street. He still recommended that they do the drainage also. Mr. Fairbairn believed that it does not affect the south side of 6th Street because it drains around the corner; therefore, there is no necessity of having a drain on the south side. Director Davis admitted that there is a high point on 6th Street around 13th Avenue, and perhaps they could take another look at the design and not make the proposed swales as deep. He advised Mr. Fairbairn that staff would be glad to sit down with the property owners and work out those details. James D. Lake, 6th Street and 12th Avenue, felt that by the time that swale gets to his property, it would be so deep you could not drive a car there. He did not see the necessity of a swaIe. Director Davis explained that it will be a shallow swale, but they would be glad to take a look at it and if they can accommodate their concerns, they will. He would be glad to meet with Mr. Fairbairn, Mr. Lake and any other concerned property owners right after this meeting. 54 BOOK �6 F��� II JAN 27 17 JAS � �� ��'�' � BOOK �3 � F'���E ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously adopted Resolution 87-10, providing paving and drainage improvements to 6th Street from 12th Avenue to 14th Avenue and 12th Avenue from 5th Place to 6th Street, contingent upon staff working out the drainage details. 55 q RESOLUTION NO. 87-10 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 6TH STREET FROM 12TH AVENUE TO 14TH AVENUE & 12TH AVENUE FROM 5TH PLACE TO 6TH STREET PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS AND LEGAL DESCRIPTION OF THE AREA SPECIALLY BENEFITED. WHEREAS, the County Public Works. Department has received a public improvement petition, signed by more than 2/3 of the owners of property in a portion of the area to be specially benefited, requesting paving and drainage improvements to 6th Street from 12th Avenue to 14th Avenue & 12th Avenue from 5th Place to 6th Street; and WHEREAS, the petition has been verified and meets the requirements of Section 11-23, Indian River County Code of Laws and Ordinances, and design work including cost estimates have been completed by the Public Works Department; and WHEREAS, the total estimated cost of the proposed improvements is $19,444.93; and WHEREAS, the special assessment provided hereunder shall, for any given record owner of property within the area specially benefited, be in an amount equal to that proportion of seventy-five percent (75%) of the total cost of the project which the number of lineal feet of road frontage owned by the given owner bears to the total number of lineal feet of road frontage within the area specially benefited; and WHEREAS, the special assessment shall become due and payable at the Office of the Tax Collector of Indian River County ninety (90) days after the final determination of the special assessment pursuant to Section 11-34, indian River County Code of Laws and Ordinances; and WHEREAS, Indian River County Shall pay the remaining twenty-five percent (25%)of the total cost of the project; and WHEREAS, any special assessment not paid within said ninety (90) day period shall bear interest beyond the due date at a rate established by the Board of County Commissioners at the time of preparation of the final assessment roll, and shall be payable in two (2) equal installments, the first to be made twelve (12) months from the due date and the second to be made twenty-four (24) months from the due date; and WHEREAS, after examination of the nature and "anticipated usage of the proposed improvements, the Board of County Commisioners has determined that the following described properties shall receive a direct and special benefit from these improvements, to wit: Lot 1 and Lots 3 through 10, Block 24, Royal Poinciana Park No. 2 as recorded in Plat Book 4, Page 44 and Lots 12 & 13, Block 7, Lots 12 & 13, Block 8, Glendale Park Subdivision as recorded in Plat Book 1, Page 87 of the Public Records of Indian River County, Florida --- BOOK b C I 16 r-JAN2 7 1987 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing recitals are affirmed and ratified in their entirety. working out 2. A project providing for paving and / drainage improvements to 6th Street from 12th Avenue to 14th Avenue and 12th Avenue from 5th Place to 6th Street; hereto designated as Public Works Project No. 8523, is hereby approved subject to the terms outlined above and all applicable requirements of Section 11-34, Indian River County Code of Laws and Ordinances. The foregoing resolution was offered by Commissioner Eggert who moved its adoption. The motion was seconded by Commissioner Bird and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Carolyn R. Eggert Aye Commissioner Gary C. Wheeler Aye The Chairman thereupon declared the resolution duly passed and adopted the 27th day of January , 1987. Attest: FREDA WRI HT, APPROVED AS TO FORM AND LEGAL SUFFICIENCY By"�� County Attorney's Office APPROVED BY: J s W. Davis, P.E., Public Works Director 57 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY FLORIDA By r G DON C. SCUR OCR, JR., HAIRMAN PUBLIC HEARING - TOURIST DEVELOPMENT TAX The hour of 9:05 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to wit: VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that.the attached copy of advertisement, being WlM/" in the matter of in the fished in said newspaper in the issues of Court, was pub - Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscrib bef a meIs day ofA.D. +.';'- � •PUBLIC NOTICE The Board of County Commissioners of India; River County, Florida will conduct a Public Hear Ing on Tuesday, January 27:1987 at 8:05 a.m. it the Commission Chambers at 1840 25th Street VeroBeach, Florida 32960, to -consider tiu adoption of an ordinance entitled: , , AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA: LEVYING AND IM - .POSING A _TOURIST DEVELOPMENT TAX PURSUANT TO SECTION 125.0101, "FLORIDA STATUTES; ESTABLISHING THE TOURIST DEVELOPMENT COON- '' i' CIL AND PROVIDING FOR MEMBER, 'SHIP AND DUTIES THEREOF; ADOPT- ING A.COUNTY PLAN FOR TOURIST - DEVELOPMENT; ESTABLISHING USES FOR TOURIST DEVELOPMENT TAX REVENUES: PROVIDING FOR REFER- ENDUM APPROVAL OF TOURIST . DEVELOPMENT TAX; PROVIDING FOR - SEVERABILITY AND EFFECTIVE DATE ai If any person decides to appeal any decWw made on the above matter, he/she will need F record of the proceedings, and for such pur poses, he/she.may need to ensure that a verba tim record of .the proceedings is made, whist record includes the testimony fn evidence or which the appeal is based. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DON C. SCURLOCK, JR„ CHAIRMAN Dec. 23,1986._.. Assistant Attorney Bruce Barkettcadvised that we have met the criteria for imposing a tourist development tax, and that approval of the proposed ordinance will also authorize a referendum on approval of a tourist development tax in two subcounty taxing districts, one for the City of Vero Beach and the other for the rest of the county. Commissioner Wheeler advised that the Tourist Development Council recommended that we go with the option of 20 rather than 1%, and that, if possible, the tax be applied to camp sites or both tents and recreational vehicle spaces. The Florida Dept. of Revenue has stated that decision would be up to the JAN 2 7 M7 58 BOOK 6 GE I1 JAN 2 7 197 discretion of the Board of County Commissioners. Commissioner Wheeler stated that he is in favor of applying the tax to recreational parks. Attorney Barkett advised in that case the final sentence on page 3 should be deleted and "camping space" added to the previous sentence. Commissioner Bowman understood that the tax would be applied to all camping spaces in the county, and Commissioner Eggert understood that we were ceasing to tie the chairmanship of the committee to either the Chairman or the Vice Chairman of the Board of County Commissioners. Commissioner Wheeler explained that the law states that the chairman of the committee shall be the Chairman of the Board of County Commissioners or his designation of a Commissioner. Commissioner Bird asked if the 6 -month time period was mandated, and Attorney Vitunac advised that the Board has the discretion of going lower than 6 months, but they cannot go higher than 6 months. Commissioner Wheeler preferred to keep it at 6 months. Chairman Scurlock opened the Public Hearing and asked if anyone wished to be heard in this matter. Frank Zorc, 2100 Vero Beach Avenue, realized that while the uses for this tax are outlined in the proposed ordinance, he wondered if it is clear that the governing body can change the priorities and uses of this tax at just about any time if they so desire. Attorney Barkett confirmed that the priorities and uses can be changed. It is not set in stone. Mr. Zorc asked if the Commission proposes to use any tax dollars to advertise or promote a stand in favor of this tax, and Commissioner Wheelen advised that the committee has not discussed that, but he did not foresee that happening.- They have discussed having a speakers' bureau to inform the voters on tax dollars, but he did not have any intentions of using tax 59 dollars to place ads in the newspapers. Perhaps some staff time would be needed to prepare maps, charts or other graphics, but that would be the extent of it. Chairman Scurlock felt that we always want to present to the best of our ability the true factual situation. As far as the Commission taking a pro or con stand, he did not feel that is what we are looking for. Mr. Zorc stated he would not be opposed to the Commission taking a pro stand as long as they give equal space to an opposed stand. There being no others who wished to speak on this matter, Chairman Scurlock declared the Public Hearing closed. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously adopted Ordinance 87-11, levying and imposing a tourist development tax; establishing the Tourist Development Council providing for membership and duties thereof; adopting a county plan for tourist development; establishing uses for tourist development tax revenues; providing for referendum approval of tourist development tax in two subcounty taxing districts, one to encompass the the City of Vero Beach, and the other to encompass the remainder of the County; with the inclusion that the tax be applied to "camping space". 1, Jif 4 71987 L2 60 BOOK ® lvA 14,U ,JAN 2 � d 1/27/87(B4)LEGAL(Bnm) Boot- '6 a .121 ORDINANCE NO. 87-11 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, LEVYING AND IMPOSING A TOURIST DEVELOPMENT TAX PURSUANT TO SECTION 125.0104, FLORIDA STATUTES; ESTABLISHING THE TOURIST DEVELOPMENT COUNCIL AND PROVIDING FOR MEMBERSHIP AND DUTIES THEREOF; ADOPTING A COUNTY PLAN FOR TOURIST DEVELOPMENT; ESTABLISHING USES FOR TOURIST DEVELOPMENT TAX REVENUES; PROVIDING FOR REFERENDUM APPROVAL OF TOURIST DEVELOPMENT TAX IN TWO SUBCOUNTY TAXING DISTRICTS, ONE TO ENCOMPASS THE CITY OF VERO BEACH, AND THE OTHER TO ENCOMPASS THE REMAINDER OF THE COUNTY; PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE. WHEREAS, Section 125.0104, Florida Statutes, the "Local Option Tourist Development Act", authorizes any County in this State to levy and impose a tourist development tax on the exercise within its boundaries of the taxable privilege of renting,- leasing, or letting for consideration any living quarters or accommodations in any hotel, apartment hotel, motel, rooming house, mobile home park, recreational vehicle park or condominium for a term of six months or less; and WHEREAS, the Board of County Commissioners of Indian River County finds and declares that it is in the best interest of the health, safety and welfare of the citizens and residents of Indian River County to adopt an ordinance levying and imposing a two percent tourist development tax in accordance with Section 125.0104, Florida Statutes; and WHEREAS, this ordinance shall not take effect until and unless the ordinance levying and imposing the tourist development tax has been approved in a referendum election by a majority of the electors voting in such election; 1 M M ORDINANCE NO. 87-M NOW, THEREFORE, be it ordained by the Board of County Commissioners of Indian River County, Florida, as follows: SECTION I. 1. Tourist Development Council. a. There is hereby established and appointed a County Tourist Development Council consisting of the Chairman of the Board of County Commissioners of Indian River County or another member of the Board of County Commissioners as designated by the Chairman; two elected municipal officers, one of whom shall be from the most populous municipality in the County; three owners or operators of motels, hotels, recreational vehicle parks, or other tourist accommodations within the County; and three persons who are Involved in the tourist industry and who have demonstrated an interest in tourist development, but who are not owners or operators of motels, hotels, recreational vehicle parks, or other tourist accommodations. All members of the Council shall be electors of the County. b. The members of the Council shall be appointed by the Board of County Commissioners of Indian River County and shall serve for staggered terms of four years. Initially the Board of County Commissioners shall appoint the following members for a term to expire December 31, 1988: one elected municipal- official, two owners or operators of motels, hotels, recreational vehicle parks, or other tourist accommodations within the County; and one person involved in the tourist industry who has demonstrated an interest in tourist development, but who is not an owner or operator of a motel, hotel, recreational vehicle park, or other tourist accommodations. The remaining appointees shall serve for a term which expires December 31, 1990. C. The Chairman of the Board of County Commissioners of Indian River County or his designee who is 2 JAN 27 190 8001( �f'rquE I JAN "?? ORDINANCE NO. 87- 11 BOOK — 67 N E � � a member of the Board of County Commissioners shall be the Chairman of the Tourist Development Council. d. The Council shall, from time to time, make recommendations to the Board of County Commissioners for the effective operation of the special projects or for uses of the tourist development tax revenue. The Council shall continuously review expenditures of revenues from the tourist development trust fund and shall receive, at least quarterly, expenditure reports from the Board of County Commissioners or its designee. Expenditures which- the Council believes to be unauthorized shall be reported to the Board of County Commissioners and to the Department of Revenue. The Board of County Commissioners and the Department of Revenue shall review the findings of the Council and take appropriate administrative or judicial action to ensure compliance with this ordinance and with Section 125.0104, Florida Statutes. 2. Taxing District and Levy. a. There are hereby created two taxing districts in which the tourist development tax is proposed. One taxing district encompasses the geographical boundaries of the City of Vero Beach. The second taxing district encompasses the remainder of geographical boundaries of Indian River County. b. There is hereby adopted and imposed a two percent tourist development tax in accordance with Section 125.0104, Florida Statutes, on the exercise within each of the taxing districts herein created of the taxable privilege of renting, leasing, or letting for consideration any living quarters or accommodations in any hotel, apartment hotel, motel, rooming house, mobile home park, recreational vehicle park, camping space or condominium for a term of six months or less. 3. Tourist Development Plan. There are hereby adopted the plans for tourist development for each district 3 M J ® ORDINANCE NO. 87= created by the Tourist Development Council with regard to the specific revenues and expenditures for the first twenty-four months following the levy of the tourist development tax. The plans are attached hereto and by this reference are hereby incorporated as if fully set forth herein. 4. Authorized Uses of Revenue. a. All revenues received pursuant to this ordinance shall be used for the following purposes only: 1. To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate, or promote one or more publicly owned and operated convention centers, sports stadiums, sports arenas, coliseums, or auditoriums within the boundaries of the County or Subcounty special taxing district which approved the ordinance levying and imposing the tax by referendum pursuant to subsection 6. However, these purposes may be implemented through service contracts and leases with persons who maintain and operate adequate existing facilities; 2. To promote and advertise tourism in the State of Florida and nationally and internationally; 3. To fund convention bureaus, tourist bureaus, tourist information centers, and news bureaus as County agencies or by contract with the chambers of commerce or similar associations in the County; or 4. To finance beach improvement, maintenance, renourishment, restoration, and erosion control. b. The revenues to be derived from the tourist development tax may be pledged to secure and liquidate revenue bonds issued by the County for the purposes set forth in subparagraph (a)1 or up to fifty percent of the revenues to be derived from the tourist development tax may be pledged to secure and liquidate 4 �� BOOK �+ PA r E. � �� JAN' d. ORDINANCE NO. 87-11 ,P 0 BOOK 6 ii1JF e revenue bonds issued by the County for the purposes set forth in subparagraph (a)4. 5. Construction of Ordinance. In all matters the Indian River County Tourist Development Council shall be governed by compliance with Section 125.0104, Florida Statutes, 1985, as amended by Chapter 86-4, Laws of Florida, and as may be hereafter amended. 6. Referendum Approval. A question shall be placed on the ballot at the March 10, 1987 election to be held in Indian River County for referendum approval by the electors in each of the subcounty taxing districts created herein to be worded substantially as follows: "Shall there be a Tourist Development Tax of 20 levied pursuant to Section 125.0104, Florida Statutes? FOR THE TOURIST DEVELOPMENT TAX AGAINST THE TOURIST DEVELOPMENT TAX" If a majority of the electors voting on the question in any Subcounty taxing district approves the levy, the ordinance shall be deemed to be in effect in that taxing district on the first day of the next month following the election. SECTION II. This ordinance shall be incorporated into the Code of Ordinances of Indian River County and the word "ordinance" may be changed to "section", "article", or other appropriate word and the sections of this ordiance may be renumbered or relettered to accomplish such purposes. SECTION III. If any section, or if any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance; and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. 5 = ORDINANCE NO. 87-= Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 27th day of January 1987, This ordinance was advertised in the Vero Beach Press -Journal on the 23rd day of December—F 1986, for a public hearing to be held on the 27th day of January, 1987, at which time it was moved for adoption by Commissioner Eggert seconded by Commissioner Bowman and adopted by the following vote: Chairman Don C. Scurlock, Jr. Aye Vice Chairman Margaret C. Bowman ALe Commissioner Richard N_. Bird Ave Commissioner Carolyn K. Eggert Ade. Commissioner Gary C. Wheeler Ate_ BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA ATTEST: By --- �.� 6an C. Scurlock, Jr.� Ch a i rma n reda right Clerk Acknowledgment by the Department of State of the State of Florida, this 4th day of February , 1987. Acknowledgment from the Department of State received on this at day of February , 1987, atl:_30 a.m./p.m. and filed in the Office of the Clerk o tie Boarcr--of County Commissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Bruce - Assistant County Attorney 6 / JAN 27 1.9 7 BOOK JAN 2? 1037 BOOK 6 7 .FA�F12"7 INDIAN RIVER COUNTY, FLORIDA TOURIST DEVELOPMENT TAX PROGRAM REPORT Anticipated Revenue and Program for Expenditures for Fiscal Year 1987/1988 and 1988/1989 Prepared by: Public Works Department January, 1987 In conformance with Florida Statutes, Section 125.0104, 1985, as amended by Chapter 86-4, Laws of Florida, the following Report is prepared to project anticipated tourist tax revenues to be collected in Indian River County, Florida for the 2 -year period fiscal year 1987/1988 and 1988/1989 and to allocate the revenue to tourist development projects as approved by the Indian River County Tourist Development Council. RevenueProjections - as prepared by the State of Florida epartmeit o evenue Yearly transient rental facilities taxable sales $12,586,000.00 Proposed tourist development tax (2$) x .02 251,720.00 2 -year revenue x 2 Projected Revenue $ 503,440.00 Proposed Project Expenditures Fiscal ear 1987 1988 and 1988 1989 Proposed tourist development tax collection will be countywide, however, the County will be divided into two Districts. District 1 will include the incorporated area within the City of Vero Beach and District 2 will include the remaining unincorporated and incorporated lands within Indian River County. The following prioritized program of expenditures is presented: I' District 1 - City of Vero Beach Activity Cost Priority #1 - Beach Cleaning $ 80,000.00 Priority #2 - Dune Restoration,- Revegation and Maintenance 130,000.00 Priority #3 - Chamber of Commerce Tourist Information 30,000.00 Priority #4 - Beach Park Maintenance 36,900.00 $276,900.00 District 2 - Indian River County NOT including City of Vero Beach Corporate Limits Activity Cost Priority #1 - Golden Sand Beach Park Development $2b0,000.00 Priority #2 - Beach Restoration and Nourishment Emergency Relief 26,500.00 $226,500.00 Grand Total'-- Districts 1 and 2 $503,400.00 67 AUTHORIZATION OF SPECIAL ELECTION COSTS The Board reviewed the following memo dated 1/21/87: TO: DON C. SCURLOCK, JR. FROM: ANN ROBINSON DATE: JANUARY 21, 1987 FILE: SUBJECT: SPECIAL ELECTION COSTS REFERENCES: On January 20,1987, the BCC voted to put $3,000 into the elections budget for printing costs necessary for the special election on March 10. If you vote to put the tourist tax on the ballot at your meeting of January 27, please remember to authorize the rest of the money to cover the expenses of the special election; that amount is $12,000 ($15,000 minus $3,000). cc/ I plan to put it into a separate account -3&T-700-519-036.74 to make it easier to keep track of the expenses for the special election. Thank you. MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Wheeler, that the Board approve an -additional $12,000 for a total of $15,000 to cover the expenses of the special election; monies to be put into account 001-700-519-036.74. Under discussion, Commissioner Wheeler stated it was his understanding that we are looking at a total cost of $15,000 and that the municipalities would be contributing somewhere in the area of $4,000. Supervisor Robinson explained that while the Board approved charging the cities 25 cents per registered voter to cover their JANr� '1987 68 B©o67 I �,t JAN 2 7 "N7 BOOKr'r1.;r. share of election costs, the municipalities have not acted on this. She wished to know how the Board planned to bill the municipalities for the March 10th election, as this would be a new charge to them. Commissioner Wheeler pointed out that one of the reasons he was trying to push this through was to save an additional $3000-$3400 by having the cities contribute. He was going to be disappointed if the County had to pay for the whole election. Chairman Scurlock wished to see this handled by sending a letter to each of the municipalities indicating that it is the Board's desire for payment in that amount, and we will see how much participation we get. He felt their good conscience will dictate what they do. Supervisor Robinson advised that just so the municipalities would be aware of the Board's intentions, she sent the 25 -cent charge recommendation to each of the City Clerks, but, of course, they are not authorized to spend the money. However, they all seemed delighted to have the County take the respon- sibility of the election for a charge of 25 cents per registered voter. The Board directed the County Attorney to write a letter to each of the municipalities with regard to the 25 -cent charge. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously adopted Resolution 87-11, authorizing the Supervisor of Elections to execute certificates holding owners of property used by the county for polling places for county elections harmless from any and all claims for damages relating to the county's use of such place. 69 - � 1/87(RESO)LEGAL(Vk� RESOLUTION NO. 87- 11 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE SUPERVISOR OF ELECTIONS TO EXECUTE CERTIFICATES HOLDING OWNERS OF PROPERTY USED BY THE COUNTY FOR POLLING PLACES FOR COUNTY ELECTIONS HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES RELATING TO THE COUNTY'S USE OF SUCH PLACE. WHEREAS, Indian River County uses private property with consent of the owner for many of its polling place sites in conjunction with county elections; and WHEREAS, as a condition of this use many owners have requested that the County hold them harmless from any and all claims for damages relating to the County's use of such site; and WHEREAS, giving such an assurance would be in the public interest since without it there would not be adequate and conveniently located polling places in our county; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, that: 1. The Board ratifies the above statements; 2. The Board authorizes the Supervisor of Elections to sign copies of this resolution for specific properties being used by the Supervisor's Office in conjunction with the holding of county elections which, once signed, shall certify that the property is covered by the hold harmless provisions of this resolution. The foregoing resolution was offered by Commissioner Eggert who moved its adoption. The motion was seconded by Commissioner Bowman and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice -Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert Aye Commissioner Gary C. Wheeler Aye 70 D001( F� uE. �.o U JAN 2 7 T9 7 JAN 2 7 1987aooK7 The Chairman thereupon declared the resolution duly passed and adopted this 27th_ day of _January , 1987. Attest reda Wright, dr Approved as to form and legal sufficiency: (��dGnp) Charles P. Vi unac County Attorney BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By • c Don -1C. 5c rloc r— Chairman I CERTIFY that the property at the following location will be used as a polling site in conjunction with county elections and shall be covered by the protections of this resolution: (address) z1- Ann Robinson Supv, of Elections 71 71 PUBLIC HEARING - AMENDMENT TO STORMWATER MANAGEMENT AND FLOOD PROTECTION ORDINANCE RE REVISED FEDERAL NATIONAL FLOOD INSURANCE PROGRAM REQUIREMENTS The hour of 9:05 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached-, to wit: VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being In the matter of In the Court, was pub - fished in said newspaper in the issues of Affiant further says that the said Vero Beach Press-Joumal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to Ind subscribe befl me tjii3� d v of t ' A. D. 7 ✓� f e,tanager) 1NOTICE OF PIIBUC HEARING CONSIDER RECOMMENDING THE %ADOPTION OF A COtINTII ORDINANCE AMENDING ORDINANCE *82-28 Notice b hereby given that the Boars Covny CommL�,storrera of Irtdrart River CauMy- FlOtide, ahae hold a puts ie twanng ud which par flea br hderest and rJozens sh�l have an oppor tunity, to be heard. in the Cmvriy Comnv�t Chambers 01 the carry Admv�abon Build- Ing al IS= SL. Vero Beach. Flor- Ida. an Tuesday. January 27. 1937, at 3:05 a.m. ro eoroid� the adoption of an AN omO entified: AN ORDINANCE OF THE BOARD OF COUNTY COMMISStOhFR_4 OF INnIAN 21K b1 THE CODE iDINANCES OF IN. 4 Artybme whom may wish to appeal any dec. aion wh+blr may be made at Mus meeting wiq need to ensure that a verbatun record of the Pro- ceedirM is made which includes the testimony and evidence upon which the appeal will be based. Indian River Count' Board of County Commissioners .8 y:-s•Don C. Scurlock Jr. Jen. 6. four . The Board reviewed the following memo dated 1/14/87: TO: The Honorable Members DATEJanuary 14, 1987 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE �_ SUBJECT: REVISED NATIONAL FLOOD Obert X. Zea i g, P INSURANCE PROGRAM REGULA- Planning, & De lopment Director TIONS: AMENDMENTS TO THE STORMWATER MANAGEMENT & FLOOD PROTECTION ORDINANCE FROM: Art llacombe Chief,laEnvironmental REFERENCES: Planning FLOOD PROTECT. MEMO IBMIRD It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of January 27, 1987. 72 JAN 27 1987 BOOK 67 u..GE 13 JAN 2 7 1987 aooK. 67 UGE13 DESCRIPTION & CONDITIONS On November 3, 1986, Indian River County received a letter from the Florida Department of Community Affairs explaining that the Federal Emergency Management Agency (FEMA) had revised the National Flood Insurance Program (NPIP) regulations, effective October 1, 1986. These rules conclude a two-year effort to revise NFIP criteria to reflect the experience and knowledge gained implementing these criteria during the nearly ten years since the last significant changes became effective. Section 60.7 of the NFIP regulations requires, as a condition of continued participation in the NFIP, that communities revise their local floodplain management ordinances within six months of the effective date of any revision in NFIP regulations, in order to keep them consistent with NFIP regulations. Consequently, Indian River County is required to amend its local floodplain management ordinance by April 1, 1987. ALTERNATIVES & ANALYSIS - The proposed ordinance amendments contain substantial changes regarding the following areas of local flood protection: 1) Revised definitions of "construction", "lowest floor," "manufactured home, subdivision & park," and If substantial improvement;" 2) more specific criteria for structure elevation within unnumbered A zones; 3) more stringent construction requirements for new structures and improvements with enclosed areas below the lowest floor subject to flood; 4) additional requirements for all manufactured homes that are placed or substantially improved within an A zone; 5) more stringent criteria for the construction of structures within V high hazard zones. 6) removal of the additional one foot elevation by the County. I. Revised Definitions The FEMA regulations require that several new and revised definitional terms for floodproofing activities be added to the current ordinance. The following is a brief explanation of the definitional terms and their signi- ficance. Construction (or Start of) - This definition is used to clarify when construction is considered new construction - or what constitutes substantial improvement to an existing structure. The definition sets forth specific standards so that all reviewing agencies can determine if a particular structure must comply with FEMA regulations or if it is "grandfathered." Lowest Floor - The definition of "lowest floor" has been clarified to exclude basements not used as living space. 73 Manufactured Home - This definition replaces the former definition of "mobile home" to include those structures that are constructed and designed for use with or without a permanent foundation. This definition clarifies the confusion that review agencies have had in the past in trying to differentiate between the two types of structures. Substantial Improvements - This is a new definition that sets forth criteria for determining if new construction or alteration to an existing structure must comply with the FEMA requirements. Basically, any improvement in which the cost equals or exceeds fifty percent of the market value of the structure is considered "substantial improve- ment." II. Unnumbered A Zones The most difficult portions of the local flood program to administer effectively are those areas within the unnumbered A zones. In converting to the Regular phase of the National Flood Insurance Program (NFIP) through the conversion process, the Flood Insurance Rate Map for a community will show 100 -year flood areas without assigned 100 -year (base) flood elevations. The community is required under Section 60.3(b)4 of the NFIP regulations to obtain, review and reasonably utilize any base flood elevation data available from a Federal, State, or any other source for requiring that (i) all new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated to or above the base flood level and (ii) all new construction and substantial improvements of non-residential structures have the lowest floor (including basement) elevated or flood -proofed to or above the base flood level. The following is a listing of sources from which base flood elevation information frequently may be obtained: 1. Corps of Engineers District Office 2. Soil Conservation Service State Office 3. U.S. Geological Survey Office 4. State Water Resource Agency 5. Private Engineering firms Unfortunately, there is little useable information available from these sources for Indian River County; thus, staff has placed the burden on the owner tb provide the information through a registered professional engineer. In ,lieu of this cumbersome and expensive process, the revised ordinance provides that structures in unnumbered A zones shall be elevated no lower than eighteen inches above the crown of the road or to an elevation required by the Indian River County Health Depart- ment, whichever is higher. III. Construction Requirements for Non -Residential Facilities and Other Structures With Enclosed Areas Below the Base Flood Elevation The revised ordinance contains the new FEMA regu- lations for the design of structures with fully enclosed areas below the lowest floor that are subject to flooding. All such structures must be capable of automatically equalizing hydrostatic flood forces. Designs for meeting this requirement must be certified by a registered pro- fessional engineer or architect. 74 ��9 ii JAN 2 q 193 BOOK rrg JAS 27 1987 BOOK 67 u U E 135 IV. Additional Requirements for Manufactured Housing Located in Floodprone Areas The former FEMA regulations stated that mobile homes must be anchored, blocked and tied down when located in floodprone areas. The new regulations provide that all such housing to be placed in floodprone areas be elevated on permanent foundations at or above the base flood ele- vation. V. Criteria for Construction of Structures Within Coastal High Hazard Zones (V -Zones) The revised FEMA regulations mandate that all new construction and substantial improvements located in V zones be elevated so that the bottom of the lowest hori- zontal structural member of the lowest floor is elevated to or above the base flood elevation. Previously, measur- ing from the top of the member was.sufficient to meet FEMA regulations. In addition, wind and wave loading require- ments are included within the new regulations. VI Removal of the Additional One Foot Requirement The revised ordinance omits the additional County one foot elevation requirement. Although FEMA states that its base flood elevation levels are minimum safety measures and encourages local governments to maintain more strin- gent floodproofing standards, the additional one foot requirement has generally not been well received by the public. The most frequent complaints regarding this requirement are: 1) the additional cost of fill material; 2) placement of homes at the additional height makes them aesthetically unpleasing; 3) the additional height creates drainage problems for adjacent properties.. Based upon these complaints and the fact that the additional one foot requirement is not mandatory under FEMA, staff recom- mends that this provision be deleted. RECOMMENDATIONS Staff recommends that the Board of County Commissioners adopt the proposed ordinance. Robert Keating, Director of Planning & Development, noted that there are two items that are included in the proposed amendment to the stormwater management and flood protection ordinance that go beyond the scope of the flood insurance regulations: 1) Changing how the county addresses unnumbered A zones. Basically, A zones are areas within the 100 -yeas flood elevation and unnumbered A zone areas are where an engineering study has not determined what the minimum flood elevation should be. In 75 M the past, the County has required a professional engineer to certify what the flood elevation should be, but now the flood insurance people are recommending that; the County adopt a different set of regulations and set the minimum flood elevation for septic tanks at either 18" above the crown of the road or the elevation established by the Health Department, whichever is higher. Discussion took place on the septic tank elevations, and Commissioner Wheeler felt that some situations just get worse when the new regulations are applied to new houses in areas where there are existing homes. 2) Eliminating a standard the county has had for quite a while. Historically, the County's stormwater management ordinance has required anyone building in a flood hazard area to meet not only the elevations set by the Flood Insurance Administration but also go a foot higher. The extra foot may have provided a lot of protection, but it is difficult to determine whether or not it was warranted, and it has created a lot of problems, particularly in older subdivisions. Staff is recommending that the extra foot requirement be eliminated. Public Works Director Jim Davis felt the following sentence under 8(c) on Page 11 of the ordinance should be deleted because it is a little redundant, "Each percolation or retention area shall include positive drainage facilities which provide for drainage to public outfalls or a lake, or water course, to handle the runoff from storms of longer duration and severity." He suggested that the next sentence be labelled as 8(d) and the following sentence as 8(e), and renumber the original 8(d) as 8(t). Commissioner Wheeler asked for a definition of "lowest floor" mentioned on Page 16, and Director Davis explained that the "lowest floor" definition has been clarified to exclude basements. A basement should not be a habitable structure when built in a velocity zone. In unnumbered A zones, we don't want 76 JAN 2 7 1987 BOOK. 7 JAS 2 7 1987 BOOK 6 7 FbrF basements to be lower than the "lowest floor" because it will get flooded out. Actually, basements do not exist in this county. Commissioner Wheeler asked for an explanation of "designed to automatically equalize hydrostatic flood forces on exterior walls", and Director Davis explained that below the lowest floor, they want it open, up on piling with break away walls, so that the force cannot hurt the structure below the lowest floor. There being no others who wished to be heard in this matter, Chairman Scurlock declared the Public Hearing closed. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously adopted Ordinance 87-12, amending the Stormwater Management and Flood Protection Ordinance to incorporate the revised Federal National Flood Insurance Program Requirements; with the modifications discussed above. ORDINANCE 87-12 IS ON FILE IN ITS ENTIRETY IN THE OFFICE OF THE CLERK TO THE BOARD 77 1-27-87 (ORDIII) PDD (Brt) INDIAN RIVER COUNTY ORDINANCE NO. 87-12 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE STOr". .TER MANAGEMENT AND FLOOD PROTECTION ORDINANCE, CHAPTER 211 OF THF: CODE OF TAWS AND ORDINANCES OF INDIAN RIVER COUNTY, TO INCORPORATE THE REVISED FEDERAL NATIONAL FLOOD INSURANCE PROGRAM REIQUIREMENTS;. PROVIDING FOR DEFINITIONS; AMENDING REVIEW CRITERIA FOR ALL DEVELOPMENT PR017=; AMENDING REQUIRED INFORMATION FOR PERMIT APPLICATIONS; PROVIDING FOR THE REPEAL OF CONFLICTING -- PROVISIONS; CODIFICATIONS; SEVERABILITY AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. SHORT TITLE This ordinance shall be known as the Indian River County Stormwater Management and Flood Protection Ordinance. SECTION 2. PURPOSE The purpose of this ordinance is to protect the health, safety, and welfare of the citizens of Indian River County; to implement those policies and objectives found in the drainage element of the County's Comprehensive Plan; to ensure protection of land and improvements together with natural resources through the use of responsible stormwater management and flood protection practices; and to ensure replenishment of the County's aquifer systems to provide a continuing usable water supply. SECTION 3. RULES OF CONSTRUCTION The requirements of this ordinance are intended to complement. regulations of the Florida Department of Environmental Regulation including but not limited to those found in Florida Administrative Code, Chapter 17-25, Regulation of Stormwater Discharge, Chapter 17-3, and Chapter 17-4, and the Stormwater Rules of the St. Johns River Water Management District, all as adopted or as may be amended from time to time. A FAC Chapter 17-12 Dredge and Fill Permit may be required. Approval of a`stormwater management system under this ordinance shall not relieve any applicant of the necessity to obtain required permits or approvals from other state, regional, or local agencies, including specifically, but not limited to, observance of DER permitting requirements for use of the "landward extent of waters of the state", as that term is defined by Florida Administrative Code, Section 17-4.02 (17). In the event of a conflict between this ordinance and any other law or regulation, this ordinance shall be interpreted to avoid the conflict when possible. If there is an irreconcilable conflict, the agency rule shall prevail. If this ordinance is more restrictive, the provisions hereunder shall prevail and no conflict will be considered to exist. CODING: Words in type are deletions from existing law; works underlined are additions. 1 JAN 2`1 N87 BOOK 67;,�u�.138 JAN 2'� BOOK 67 rvliE 139 APPEAL OF BUILDING CODE BOARD OF ADJUSTMENT DECISION BY KATHERINE CLARK The Board reviewed the following memo dated 1/20/87: TO: Bd. of County CommissionersDATE: January 20, 1987 FILE: THRU: Charles Balczun SUBJECT:Condemnation Proceedings on Bldg. County Administrator owned by Katherine Clark, located on Lot 19, Blk. 3, Smith Plaza S/D Parcel 22-32-39-00007-0030-00019.0 FROM: Ester L. Rymer REFERENCES: Building Direc o Subject building has been condemned and ordered removed. Owner has been given adequate time to restore the structure to serve a useful purpose. Furthermore, the owner appeared before the Building Code Board of Ad- justments and Appeals to appeal my condemnation order. The Board up- held my determination that the building is unsafe for human occupancy (minutes of meeting attached). Realizing that we have a shortage of adequate housing, it is not my desire to tear down structures that can be rehabilitated. However, it appears that the property owner in this case does not have the resources to repair the structure to meet minimum standards. I am attaching photographs and correspondence to support my recommend- ation to demolish the building and remove all debris from the property. Thank you for your consideration. Building Director Ester Rymer advised that Katherine Clark is present this morning to request a 6 -month extension of the condemnation proceedings in order to complete the repairs on the building. Mrs. Rymer gave a brief background leading up to the recommendation for condemnation of this building, stressing that they have issued violations against this house since 1981. She believed that the building is totally unsafe and to delay demolition would be to give these.people false hopes that this house can be saved. Unless the owners can show that they have a commitment from the bank for sufficient monies to repair the building, Director Rymer recommended that the building be demolished. 79 Katherine Odessa Clark felt that they should be allowed to keep the building and fix it up. Commissioner Bird wondered if Mrs. Clark was prepared to spend $10,000-$30,000 to restore this house and bring it up to code, but Director Rymer emphasized that the electrical and plumbing systems are 100% destroyed and that she would not be surprised if it was infested with termites. She believed that the house was ready to fall down and could not in good conscience recommend that it be repaired. ON MOTION by Commissioner -Eggert, SECONDED by Commissioner Bird, the Board unanimously denied the appeal by Katherine Clark for an extension of time to allow the repair of the building. NORTH COUNTY FIRE DISTRICT - EMERGENCY ORDINANCE AUTHORIZING MILLAGE OF THE NCFD BY ONE-HALF MILL AND AUTHORIZING A REFERENDUM ELECTION The hour of 9:05 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to wit: In the Court, was pub- VERO BEACH PRESS4OURNAL Published Weekly MILL DISTRICT BY CNE -t W MILL RESULT - Vero Beach, Indian River County, Florida 7 f COUNTY OF INDIAN RIVER: STATE OF FLORIDA THORONG A REFERENDUM ELEC- TION: PROVIDING AN EFFECTIVE Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach In/ Indian River County, Florida; that the attached copy of advertisement, being Arryon� who may wlsh to eoFnl eryr denslorr wNell may be made et tNa meetln0 va0 need to ��_"`� ' - a NOTICE OF PUlUC fiEARING C/�/� Tha Board of CounH Comers of ttMlart R14er County. Florida hers" provides notice of _ t•� In the matter of ��il7i/� /!q/ J H -w e Public H"rMy ecoeduled tor 9:05 A -m On, JemlerY �. 1087 to Braider a ad0osed arN' been continuously published in said Indian River County, Florida, weekly and has been entered nanp to • reterrwum t0 be held an Marek 10. t087 TM tl1M W the Frapoaed ordi - native is as bltows: AN_ ORDIlW1NCE OF INDUW R�IVE_ In the Court, was pub- AUTKUKUbu ­V­ INDIAN RICOUNTY ARE MILL DISTRICT BY CNE -t W MILL RESULT - 7 f IND IN A MA)OMUM OF ONE MILL; AU- Itahed to said newspaper in the issues of `� THORONG A REFERENDUM ELEC- TION: PROVIDING AN EFFECTIVE DATE. Arryon� who may wlsh to eoFnl eryr denslorr wNell may be made et tNa meetln0 va0 need to ' - Affiant further says that the said Vero Beach Press -Journal is a newspaper published at enam mat • verbatan record of dls Frooseanps b made, which inGudp testimony and evalMtte Vero Beach, in said Indian River County, and that the said newspaper has heretofore uponwhlChmsappsalbDaeed. Jan.23, t987 , been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before m this day of A.D. - a—!usiness Manager) (Clerk of the Circuit Court, Indian River County, Florida) (SEAL) 8 0 6'V'W;W't1. 'l.d�I @i FBF', i� i. � AN 2 - ('187 .� JAN, 21 19$7 Boor 67 F�, �E 141 Attorney Vitunac explained that this is the same type of ordinance that was passed last November providing for a referendum on a half -mill increase for the North County Fire District. However, the voters turned down the increase in millage, and the District has decided to go to referendum again on the matter. Chairman Scurlock opened the Public Hearing and asked if anyone wished to be heard in this matter. There was some question whether Fellsmere had passed a resolution last night authorizing the referendum on the millage increase, and discussion ensued about authorizing the Supervisor of Elections to to put the matter on the ballot without knowing about Fellsmere. Chairman Scurlock suggested that we go ahead and get this on the ballot and then remove it if Fellsmere doesn't approve the referendum, but Supervisor Robinson objected to this because she felt that ballot items should not be taken off at the last minute. She emphasized that a reasonable time is needed in order to prepare for an election. After it was announced that Fellsmere had passed a resolution this morning authorizing the referendum, the Board indicated their agreement to having Supervisor Robinson go ahead and put the millage increase referendum on the March loth ballot and have it on the same page of the ballot as the 2% tourist tax referendum. OMB Director Joe Baird asked for.direction on paying the costs involved, and the Board indicated their willingness to incur those costs and allocate them to the NCFD, etc. There being no others who wished to be heard in this matter, the Chairman declared the Public Hearing closed. 81 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously adopted Ordinance 87-13, increasing the authorized millage of the North Indian River County Fire District by one-half mill resulting in a maximum of one mill and authorizing a referendum election for March 10, 1987. JAN 27 361 t 82 Boor P4.I t 14 2 ,JAIL BOOK —67 F a ,E INDIAN RIVER COUNTY ORDINANCE NO. $7-13 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 80-5 BY INCREASING THE AUTHORIZED MILLAGE OF THE NORTH INDIAN RIVER COUNTY FIRE DISTRICT BY ONE-IIALF MILL RESULTING IN A MAXIMUM OF ONE MILL; AUTHORIZING A REFERENDUM ELECTION; PROVIDING AN EFFEC- TIVE DATE. WHEREAS, the North Indian River County Fire District was created by Ordinance No. 80-5; and WHEREAS, pursuant to that ordinance, a referendum . was held in which the voters of the District approved a millage levy not to exceed one-half mill upon all real and tangible property within the boundaries of the District; and WHEREAS, the North Indian River County Fire District Advisory Board has recommended that the authorized millage be Increased from one-half mill to one mill; and WHEREAS, such an increase can be accomplished only if approved by the governing bodies of the municipalities in the District and by the voters within the District by Referendum; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. INCREASED MILLAGE AUTHORIZED Section 21-34, "Referendum Election Required," of the Indian River County Code, which reads as follows: "Section 21-34, Referendum Election Required. Notwithstanding any provision to the contrary herein, this ordinance shall not. take effect until a referendum election shall have been held wherein the voters resident within the said Fire District have authorized the assessment of a millage levy not in excess of one-half mill by the governing board of the said District upon all real and tangible property within the boundaries thereof and for its support, pursuant to Section 9(b), Article VII of the Florida Constitution of 1968, as amended, and Section 125.01(5)(c), Florida Statutes. Such election shall be held on March 11, 1980." is repealed and replaced as follows: "Section 21-34, Authorized ,',tillage The North County Fire District is authorized to levy an 4 ad valorem property tax not in excess of one mill per year to raise funds for the support of the district." SECTION 2. REFERENDUM TO BE HELD The Board of County Commissioners of Indian River County hereby authorizes and directs the holding of a referendum election in the North Indian River County Fire District to be held on March 10, 1987 at which election those qualified electors of the District shall vote on the following question: Shall the authorized millage of the North Indian River County Fire District be increased - from one-half mill to one mill per annum on each dollar value of taxable property within the District to cover the expenses of. the District? FOR INCREASED MILLAGE AGAINST INCREASED MILLAGE SECTION 3. EFFECTIVE DATE Should the majority of the electors at the election vote for the increased millage, this ordinance (No.87-13_) shall become effective upon receipt from the Secretary of State of Florida of official acknowledgment that this ordinance has been filed with the Department of State; otherwise, this -.ordinance shall be a nullity. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 27th day of January, 1987 Approved as to form and, Legal sufficiency: Charles P. vitunac County Attorney BOARD GF COUNTY'COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Chairman Acknowledgment by the Department of State of the State of Florida, this 4th day of _ February _N , 1987. Effective Date: Acknowledgment from the Department of State, received on this 9th day of February 1987 at 1:30 A.M. /P.M. an -a -f i led in _e bf{i ce off' tie Clerk of tiie—�oara of County Commssioners of Indian River County, Florida. 84 Boa 67JAN I JAN 2 ij'67 BOOK �� r,'1145 7 IXORA PARK SUBDIVISION - WATER DISTRIBUTION SYSTEM IMPROVEMENTS - PHASE I The Board reviewed the following memo dated 1/20/87: TO: BOARD OF COUNTY COMMISSIONERS THRU: CHARLES BALCZUN COUNTY ADMINISTRATOR VJ VIA: TERRANCE G'PINTO DIRECTOR OF UTILI ERVICES DATE: JANUARY 20, 1987 FROM: JEFFREY A. BOONE �f ENGINEERING OPERATIONS MANAGER DIVISION OF UTILITY SERVICES SUBJECT: IXORA PARK SUBDIVISION WATER DISTRIBUTION SYSTEM IMPROVEMENTS -PHASE I PROJECT NO. UW86-15-DS BACKGROUND On August 26, 1986, the Board of County Commissioners authorized the Division of Utility Services to construct water distribution system improvements to replace undersized and deteriorated water mains in the Ixora Park Subdivision. On August 26, 1986, an Agreement for Professional Services with Masteller and Moler Associates, Inc. was executed which outlined a budget estimate for construction of $90,200.00 with corresponding engineering fees amounting to $7,200.00, for a total estimated project cost of $97,400.00. Note that Part 2 of the approved improvements will be constructed at a later date. arrar.veTC Bids for the subject construction were received at 2:30 P.M. on January 26, 1987, and are outlined below: BIDDER COLLEE UNDERGROUND TED MYERS CONSTRUCTION JOBEAR, INC. COASTLINE UTILITIES AOB UNDERGROUND RECOMMENDATION BID AMOUNT $85,725.00 NO BID $96,340.40 $83,243.20 $111,501.00 The Division of Utility Services recommends that the Board of County -- Commissioners accept the low bid of $83,243.20 as submitted by Coastline Utilities; 7436 SOUTH U.S. #1, PORT ST. LUCIE, FLORIDA 33452 and thereby and execute authorize the contract documents for the subject project, which will be forwarded to you under separate cover. 85 Terry Pinto, Director of Utility Services, reported that the bids came in very close to what they estimated, and recommended that the Board accept the low bid of $83,243.20 submitted by Coastline Utilities. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously approved staff's recommendation as set out above. GLENDALE LAKES SUBDIVISION - 48th AVENUE WATER SYSTEM IMPROVEMENTS The Board reviewed the following memo dated 1/20/87: TO: BOARD OF COUNTY COMMISSIONERS DATE: JANUARY 20, 1987 " THRU: CHARLES BALCZUN COUNTY ADMINISTRATOR VIA: TERRANCE G. PINTO �- DIRECTOR OF UTILITY SERVICES FROM: JEFFREY A. BOONE ENGINEERING OPERATIONS MANAGER DIVISION OF UTILITY SERVICES v SUBJECT: GLENDALE LAKES SUBDIVISION 48TH AVENUE WATER SYSTEM IMPROVEMENTS PROJECT NO. UW86-09-DS BACKGROUND On August 19, 1986, the Board of County Commissioners authorized the Division of Utility Services to construct water distribution system improvements to the G-lendale Lakes Subdivision. On September 9, 1986, the Board of County Commissioners adopted Resolution Number 86-56 based upon a petition by the residents of Glendale Lakes Sub- division requesting the subject water system improvements. An Agreement for Professional Services with Masteller and Moler Associates, Inc. approved September 9, 1986 and executed December 2, 1986, -outlined a budget estimate for construction in the amount of $46,200.00 with corresponding engineering fees in the amount of .$3,800.00, for a total estimated project cost of $50,000.00. AVAT CTO At 2:00 P.M. on January 26, 1987, bids were received for the subject construction, and are outlined below: BIDDER BID AMOUNT COLLEE UNDERGROUND $50,288.00 TED MYERS CONSTRUCTION NO BID JOBEAR, INC. $60,815.80 COASTLINE UTILITIES $46,967.50 AOB UNDERGROUND $64,156.45 86 BOOK ' f D 146 � 7 J A w k JAN 2 7 1987 RECOMMENDATION BOOK A .��,C Although the low bid of $46,967.50 exceeds the $46,200.00 budget estimate for construction by $767.50, there should be little or .no increased cost to the property owners as set forth in the preliminary assessment roll. The Division of Utility Services, therefore, recommends that the Board of County Commissioners accept the low bid of $46,967.50 as submitted by COASTLINE UTILITIES, 7436 SOUTH U.S. #1, PORT ST. LUCIE, FLORIDA 33452 and thereby authorize and execute the contract documents for the subject project, which will be forwarded to you under separate cover. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously approved staff's recommendation as set out above. RIVER SHORES ESTATES - WATER DISTRIBUTION SYSTEM IMPROVEMENTS The Board reviewed the following memo dated 1/20/87: TO: BOARD OF COUNTY COMMISSIONERS THRU: CHARLES BALCZUN COUNTY ADMINISTRATOR VIA: TERRANCE G. PINTO DIRECTOR OF UTILI ICES FROM: JEFFREY A. BOONE ENGINEERING OPERATIONS MANAGER�j- DIVISION OF UTILITY SERVICES DATE: JANUARY 20, 1987 SUBJECT: RIVER SHORES ESTATES WATER DISTRIBUTION SYSTEM IMPROVEMENTS PROJECT NO. UW86-14-DS BACKGROUND • On September 30, 1986, the Board of County Commissioners authorized the Division of Utility Services to construct water distribution system improvements to serve the River Shores Estates Subdivision. By implementing Ordinance Number 81-27, the Board of County Commissioners authorized Resolution Number 86_64(";based upon a petition by the residents of River Shores Estates to make the subject improvements to the water distribution system. As outlined in the Agreement for Professional Services with Masteller and Moler Associates, Inc. dated September 30, 1986, the budget estimated for construction was $145,900.00, with an additional $11,750.00 for engineering fees, for an estimated total project cost of $157,650.00. ANAT.VCTC Bids for the subject construction were received at 3:00 P.M. on January 26, 1987, and are outlined below. 87 BIDDER COLLEE UNDERGROUND JOBEAR, INC. COASTLINE UTILITIES AOB UNDERGROUND RECOMMENDATION BID AMOUNT NO BID $294,664.00 $198,441.00 $226,019.04 Although the low bid of $198,441.00 exceeds the budget estimate for construction of $145,900.00 by the amount of $52,541.00, and since all other bids were substantially higher, the Division of Utility Services feels that rejecting all bids and going to bid a second time may result in'even higher bids. The Division of Utility Services, therefore, recommends that the Board of County Commissioners accept the low bid of $198,441.00 as submitted by COASTLINE UTILITIES, 7436 SOUTH U. S. #1, PORT ST. LUCIE, FLORIDA 33452 and thereby authorize and execute the contract documents for the subject project, which will be forwarded to you under separate cover. Terry Pinto, Director of Utility Services, reported that the bids on this project were in excess of what they estimated. The problem is a rock layer that runs through that area and all three of the bidders are very concerned about that. This is an assessment project and $52,000 is in excess of what we had set up on the assessment roll. We have the option of going through the assessment roll again or awarding the bid and absorbing the $52,000. Time is of the essence on this project, and he did not feel we would get any better bids. Director Pinto believed that the impact fees that are going to be charged in this project above that of the assessment will more than make up for the extra costs. He stated that there is plenty of money to build the project and the need is very, great, and recommended that the Board award the bids and authorize them to proceed with the project. Commissioner Bird asked if there is any inconsistency in absorbing the $52,000 on this project, but Director Pinto felt that we would not be setting a precedent in this specific case. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously approved staff's recommendation as set out above. 88 JAN 2 7 1987 BOOK �R�i PAIE 149 WEST REGIONAL WASTEWATER TREATMENT PLANT - METRO EQUIPMENT AND CONSTRUCTION ASSOCIATES, INC. EXTENDED WARRANTY AND WARRANTY The Board reviewed the following memo dated 1/19/87: TO: BOARD OF COUNTY CO SSIcONERS DATE: JANUARY 19, 1987 / FROM: TERRANCE G. PINTOAYI DIRECTOR OF UTILIw CES SUBJECT: METRO EQUIPMENT AND CONSTRUCTION ASSOCIATES, INC. WEST REGIONAL WASTEWATER TREATMENT PLANT EXTENDED WARRANTY AND WARRANTY BOND - BACKGROUND On July 17, 1985, Metro Equipment and Construction Associates, Inc., entered into a certain contract with Indian River County under the terms of which Metro Equipment, as General Contractor, would provide labor, material, equipment, and construction work for the West Regional Wastewater Treatment Plant. At that time, Indian River County required that after completion and acceptance of the project, Metro Equipment and a surety company would warranty the project to be free from defects caused by faulty workmanship for a period of one year. During the construction of the system, a crack developed in the floor of the aeration tanks which has caused enough concern to require an additional four (4) year extended warranty and a two (2) year warranty bond on the plant. RECOMMENDATION Attached hereto is an unexecuted Extended Warranty which provides an additional four years, beyond the one year provided for in the contract documents, of warranty to thefCounty on the slab supporting the Marloff filters. The Extended Warranty is secured by a two year Warranty Bond conditional upon the work described in the Extended Warranty. Utility staff has reviewed each document and asks that the Board of County Commissioners to approve the following items: 1. Approve Change Order #2, extention of final quantities used on the project. Decrease to the contract of $13,010.00. 2. Approve the final pay request and authorize the final payment, including release of retainage. 3. Authorize the Chairman to execute the Extended Warranty on behalf of the County. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously approved staff's recommendation as set out above. EXTENDED WARRANTY IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 89 AGREEMENT WITH FIRST BAPTIST CHURCH FOR ADDITIONAL COURTHOUSE PARKING The Board reviewed the following letter dated 1/7/87: LAW OFFICES OF RTJACKSNPRpOBEONAL �0�,����L•,�,0�, A SOCIOATION �� SAN 1y87 2165 15TH AVENUE N VERO BEACH, FLORIDA 32960 to C=) In RECIEV ; D C' BOARD ti _ TELEPHONE 567-4355 CEJcommtssloNg-'�1: AREA CODE 305 ' !��£6Z$ZLZ9ti4� January 7, 1987 DISTRIBUTION LIST Commissioners 1q. HM. Administrator L/ Mr. Douglas Scurlock, Chairman Attorney Ms. Margaret Bowman, Vice Chairman Personnel Mr. Richard N. Bird Public Works Ms. Carolyn K. Eggert Commurlii:y Dev. Mr. Gary C. Wheeler Utilities Board of County Commissioners Finance Other Re: Proposed utilization of property owned by First Baptist :b"I_my Church for County parking needs of the court house. �J Dear Ladies and Gentlemen: I am a member of a committee at the First Baptist Church which deals -with the use of church property. I was asked by the committee to contact the Board of County Commissioners as to a possible joint use of church property for the mutual benefit of the county and of the church. Recently, I have spoken with Jim Davis, who is familiar with this subject. There is a large vacant area of land behind the church and Sunday school building. This property is located across from the court house north parking lot. This land could possibly alleviate any court house parking problem. Since the church needs parking primarily on Sundays and evenings, the county would have full use of the property during the week. It was the committee's thought that the -county could construct the parking area and the church would agree for use to continue over a period of time to make the arrangement beneficial to the county. If the church would ever decide to build on -'the property, then they could compensate the county for its costs based on the length of the county's use. The church has no plans to uti-lize the area. Your consideration of this idea would be appreciated. It appears that this venture could alleviate a problem for the county without having to buy or condemn any expensive city property. Very truly yours, A �. Robert Jacks 90 BOOK 6.6 F'VIJE 15O JAN 7 JAN 2 d 191 BOOK 67 NKF1151 Chairman Scurlock advised that after receipt of the above letter he asked staff to go ahead and begin negotiations on an agreement with First Baptist Church. Attorney Robert Jackson advised that the church does not have any plans for this property other than parking, but he felt the County would want to insert something in the agreement to protect themselves. The Board indicated their willingness for staff to continue working with the church to come up with an acceptable agreement. Commissioner Bird noted that Dr. Morgan made an offer to the County of his office across the street from the Administration Building for additional space and that Sonny Dean, Director of General Services, had replied to Dr. Morgan's letter stating that we did not have any use for it at the present time. Administrator Balczun advised that they will be making a presentation on the administrative space master plan within two months, and will look further into Dr. Morgan's offer. RECYCLING OF ROAD ASPHALT Public Works Director Jim Davis reported that Hill Milling, Inc. of Leesburg, Florida, are presently working on a road project in town using an asphalt recycling process. In this process they mill up the old asphalt, mix it with a liquid asphalt and some latex modifier before putting it down again. The DOT has been very interested in this process and have been testing it out for the last year. There is substantial interest in this process country -wide because of the substantially lower cost. Hill Milling has offered to do a 2 -mile stretch of 4th Street running west from Old Dixie Highway for $28,000, which is almost half of what the normal cost would be. Two years after paving that stretch in 1979, the County was forced to put down an inch of asphalt. Today, six years later, the road is falling ` apart again. This company would come in and mill off that 91 asphalt, the County's road crew would come in and reconstruct the base where it is failing, and then the company would come back and resurface the road with the recycled asphalt. Director Davis explained that this is an emergency item because the firm would like to do it as early as possible because their machinery is in place on another project nearby. Director Davis did not feel this would take the County crews away from our petition paving work for very long, as the project will be done quickly. Commissioner Bird asked if we could work the $28,000 into Public Works' budget, and Director Davis stated that they would like to take this money out of the $500,000 that was approved for resurfacing. ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously approved staff's recommendation and accepted the proposal by Hill Milling, Inc. to resurface a 2 -mile stretch of 4th Street running west from Old Dixie Highway at a cost of $28,000; monies to come out of Public Works' resurfacing account. IRC FRANCHISES OF CITY OF VERO BEACH FOR ELECTRIC, WATER AND SEWER FOR SERVICE IN THE UNINCORPORATED AREAS OF THE COUNTY The Board reviewed the following memo dated 1/21/87: TO: The Board of County Commissioners DATE: January 21, 1987 SUBJECT: Indian River County Franchise of City of Vero Beach for Electric, Water and Sewer for Service in the Unincorporated Area FROM: Charles P. Vituna c County Attorney For some years now there have been discussions between the County and the City concerning the County's request to enter into a franchise agreement with the City to delineate the 92 JAN r �� � BOOK 67 JAN 2 7 1987 GOOK 67 rights and responsibilities of the County and the City concerning the unincorporated area residents who are being served certain utilities by the City. The City derives its right to service unincorporated area residents with electricity from the Public Service Commission and for water and sewer by a long sequence of agreements with the Board of County Commissioners, and by historical development. The proposed three franchises would grant the City of Vero. Beach an exclusive right to provide the services in the defined territories as shown on the maps attached to the Resolution as Exhibit "A". In return for this franchise, the County would receive a six percent franchise fee on the gross revenues of the City received from the unincorporated area. Passage of this franchise by the County, and its subsequent acceptance by the City, will be a major step towards the completion of the Utility Department's design of treating all utility customers in the unincorporated area of the County similarly, in that all would be charged the identical franchise fee which would be paid to the County for use for any lawful purpose. If the County approves these franchises, I will relay them immediately to the City and appear at the Council meeting at which the franchises will be discussed by the City. Electric Water ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously adopted Resolution 87-12, granting to the City of Vero Beach, Florida, an electric franchise in certain unincorporated areas of Indian River County. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously adopted Resolution 87-13, granting to the City of Vero Beach, Florida, a water franchise in certain unincorporated areas of Indian River County. 93 Wastewater ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously adopted Resolution 87-14, granting to the City of Vero Beach, Florida, a wastewater franchise in certain unincorporated areas of Indian River County. RESOLUTIONS 87-12, 13 AND 14 ARE ON FILE IN THEIR ENTIRETY IN THE OFFICE OF THE CLERK TO THE BOARD 94 JAN �� ��� BGGK Fir 154 A P1 ;O -4ir 1987 �l BOOK IRC E F (12/05/86) RESOLUTION 87-12- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, GRANTING TO THE CITY OF VERO BEACH, FLORIDA, ITS S17CCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE IN CERTAIN UNINCORPORATED AREAS OF INDIAN RIVER COUNTY, FLORIDA; IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED by the Board of Indian River County, Florida, as follows: Section 1. That there is hereby granted to the City of Vero Beach, Florida (herein called "Grantee"), its successors and assigns, the sole and exclusive right, privilege or franchise to construct, maintain, and operate an electric system in, under, upon, over and across the present and future streets, alleys, bridges, easements and other public places throughout certain unincorporated areas of Indian River County, Florida, (herein called the "Grantor"), as such Franchise limits are or may be defined in the Service Territory Agreement between the City of Vero Beach, Florida and Florida Power and Light Company, and its successors, in accordance with established practices with respect to electric system construction and maintenance, for a period of thirty (30) years from the date of acceptance hereof. Such electric system shall consist of electric facilities (including poles, fixtures, conduits, wires, meters, cable, etc., and, for electric system use, telephone lines) for the purpose of supplying electricity to Grantor, and its successors, the inhabitants thereof, and persons and corporations beyond the limits thereof. Section 2. Upon acceptance of this franchise, Grantee agrees to provide such areas with electric service. All of the electric facilities of the Grantee shall be constructed, maintained and operated in accordance with the applicable regulations of ; the Federal Government and the State of Florida and the quantity and quality of electric service delivered and sold shall at all times be and remain not inferior to the applicable standards for such service and other applicable rules, -1- f J ..- IRC W F (12/05/86) RESOLUTION 87-13 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, GRANTING TO THE CITY OF VERO BEACH, FLORIDA, ITS SUCCESSORS AND ASSIGNS, A WATER FRANCHISE IN CERTAIN UNINCORPORATED AREAS OF INDIAN RIVER COUNTY, FLORIDA; IMPOSING PROVISIONS. AND CONDITIONS RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED by the Board of Indian River County, Florida, as follows: Section 1. That there is hereby granted to the City of Vero Beach, Florida (herein called "Grantee"), its successors and assigns, the sole and exclusive right, privilege or franchise to construct, maintain, and operate a public water system in, under, upon, over and across the present and future streets, alleys, bridges, easements and other public places throughout certain unincorporated areas of Indian River County, Florida, (herein called the "Grantor"), as such unincorporated areas ar-- defined in Exhibit A, and its successors, in accordance wi- established practices with respect to water system construction and maintenance, for a period of thirty (30) years from the date of acceptance hereof. Such water system shall consist of water facilities (including pipes, fixtures, mains, valves, meters, tanks, etc., and, for water system use, telephone and electric lines) for the purpose of supplying water to Grantor, and its successors, the inhabitants thereof, -and persons and corporations beyond the limits thereof. Section 2. Upon acceptance of this franchise, Grantee agrees to provide such areas with water service. All of the water facilities of the Grantee shall be constructed, maintained and operated in accordance with the applicable regulations of the Federal Government and the State of Florida and the quantity and quality of water delivered and sold shall at all times be and remain not inferior to the applicable standards for public water supply and other applicable rules, regulations and standards now or hereafter adopted by the Federal Government and the State of Florida. The Grantee shall maintain I JAN 2 G -1-BOOK. 1 r F - - A N'2 - ��- ' 1 7 BOOK 67 a �t 5 IRC WW F (12/05/86) RESOLUTION 87-14 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, GRANTING TO THE CITY OF VERO BEACH, FLORIDA, ITS SUCCESSORS AND ASSIGNS, A WASTEWATER FRANCHISE IN CERTAIN UNINCORPORATED AREAS OF INDIAN RIVER COUNTY, FLORIDA; IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED by the Hoard of Indian River- County,. Florida, as follows: Section 1. That there is hereby granted to the City of Vero Beach, Florida (Herein called "Grantee"), its successors and assigns, the sole and exclusive right, privilege or franchise to construct, maintain, and operate a public wastewater system in, under, upon, over and across the present and future streets, alleys, bridges, easements and other public places throughout certain unincorporated areas of Indian River County, Florida, (herein called the "Grantor"), as such unincorporated areas are defined in Exhibit A, and its successors, in accordance with established practices with respect to wastewater system construction and maintenance, for a period of, thirty (30) years from the date of acceptance hereof. Such wastewater system shall consist of wastewater facilities (including pipes, fixtures, mains, valves, lift stations, etc., and, for wastewater system use, telephone and electric lines) for the -purpose of supplying wastewater service to Grantor, and its successors, the inhabitants thereof, and persons and corporations beyond the limits thereof. Section 2. Upon acceptance of this franchise, Grantee agrees to provide such areas with wastewater service. All of the wastewater facilities of the Grantee shall be constructed, maintained and operated in accordance with the applicable regulations of the Federal Government and the State of Florida and the quantity and quality of wastewater service provided and sold shall at all times be and remain not inferior to ` the applicable standards for public wastewater service and other applicable rules, regulations and standards now or hereafter adopted by the Federal Government and the State of Florida. -1- AUTHORIZATION TO INITIATE LEGAL ACTION AGAINST STATE DEPT, OF GENERAL SERVICES FOR NON-PAYMENT OF TRAFFIC IMPACT FEES IN CONNECTION WITH A DORMITORY FACILITY ON LUNDBERG ROAD TO: The Honorable Members DATEJanuary 26, 1987 FILE: of the Board of County Commissioners SUBJECT: REQUEST TO INITIATE LEGAL ACTION AGAINST THE STATE DEPARTMENT OF GENERAL SERVICES FROM: Robert M. PlanninKDevelop g & P ment REFERENCES: STATE DEPT Planning Director DISK: IBMIRD It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of January 27, 1987. DESCRIPTION & CONDITIONS In August, 1986, the Florida Department of General Services submitted a site plan and special exception permit application to construct a dormitory facility adjacent to the Meuller Center Campus of the Indian River Community College, located west of Kings, Highway and south of S.R. 60. The site plan was reviewed by staff, and several sets of revised plans were submitted by the applicant to the County. After all technical site plan requirements (except right-of-way dedication) were met by the applicant, public hearings on the special exception use were scheduled before the Planning and Zoning Commission and the Board of County Commissioners. On December 9, 1986, the Board of sidered the special exception use with input from representatives of Services, the Board approved the supported staff's request that th dating dedication of right-of-way proved by the Planning and Zoning condition) be imposed. County Commissioners con - request. At that time and -the Department of General special exception use and e site plan condition man - by the applicant (not ap- Commission as, a site plan Procedurally, an applicant who obtains site plan approval (and special exception approval, if necessary) must meet any con- ditions imposed upon the approval, provide evidence that all jurisdictional agency permits have been obtained, get the site plan released, pay the traffic impact fees, and get a building permit. In this case that has not occurred. Because the Department of General Services is a state agency, it was able to obtain a state building permit. In bypassing the County's Building Department, the applicant has been able to start construction without dedicating the necessary right-of-way and without paying the applicable traffic impact fee. ALTERNATIVES & ANALYSIS By initiating construction without complying with County conditions and without paying the traffic impact fee, the 98 JAN 6 9, W7 BOOK '7 F,A it8� JAN 2 d W7 4 1 Box 67 fir��,;459 Department of General Services is not complying with the County's comprehensive plan. In this case, the right-of-way is particularly important because of the questionable status of Lundberg Road existing in drainage district right-of-way. If the drainage district exercises its rights and requires removal of the road, the dormitory facility may not have access. Without payment of the $16,000 traffic impact fee, the De- partment of General Services will be impacting the County's road system without compensating the County, as all other applicants must. Two principal alternatives exist with respect to solving this problem. The Board of County Commissioners may take no action, allowing development of the property to continue without ad- herence to County regulations. The second alternative would be for the Board to authorize the staff to initiate legal action against the state Department of General Services to require compliance with applicable County regulation. RECOMMENDATION The planning staff and the legal staff recommend that the Board of County Commissioners authorize staff to initiate legal action against the state. Department of General Services to require compliance with applicable County regulations. Robert Keating, Director of Planning & Zoning, advised that the State Dept. of General Services apparently has been able to circumvent the County's site plan approval process by obtaining a state building permit for the DOC Florida Corrections Academy being bulIT adjacent to the Mueller Center on Lundberg Road. The problem is that we don't have a way to enforce our requirements for them to dedicate the necessary right-of-way and pay $17,000 in traffic impact fees. This is an emergency item because the building permit process is at the point where the traffic impact fee is clicked into place. Attorney Vitunac advised that this litigation will resolve the issue of whether impact fees are applicable to state buildings and schools outside of our School Board district. MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Bowman, that the Board approve staff's recommendation and authorize staff and the Legal Dept. to initiate legal action against the State Dept. of General Service or other appropriate State agency. 99 Commissioner Bird preferred to give them a reasonable period of time to comply, but Commissioner Eggert was concerned that they could build right on there, and felt we have to stop them today. She was not willing to change her Motion. Attorney Vitunac advised that he would be glad to bring this issue to the Legislation Delegation meeting tomorrow and ask them to make it clear under State law who is going to do what, because two public government entities should not be suing each other. Chairman Scurlock felt this issue should be settled in the courts. THE CHAIRMAN CALLED FOR THE QUESTION ON THE FLOOR. The Motion was voted on and carried unanimously. APPOINTMENT TO BUILDING CODE BOARD OF ADJUSTMENT Commissioner Bird nominated Leon R. Walton for appointment to the Building Code Board of Adjustments in the electrician category. There being no further nominations, the Chairman declared Mr. Walton appointed by unanimous consent, (Commissioner Eggert having left the room temporarily). RESOLUTION CREATING THE INDIAN RIVER COUNTY MARINE ADVISORY JA `637 L ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Bowman, the Board unanimously adopted Resolution 87-15, creating the Indian River County Marine Advisory Board and establishing its composition and responsibilities. 100 BOOK 67 rA;r. 160, 1/13/87(B4)LEGAL(Bnm) JAS ` `G � Boor; 67 RESOLUTION NO. 87-15 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CREATING THE INDIAN RIVER COUNTY MARINE ADVISORY BOARD AND ESTABLISHING ITS COMPOSITION AND RESPONSIBILITIES. WHEREAS, Indian River County is greatly affected by, dependent upon and served by the Indian River Lagoon; and WHEREAS, it is in the best interest of the citizens of Indian River County to maintain, preserve and enhance the natural beauty, water quality and usefulness of the Indian River Lagoon as an irreplaceable natural resource; and WHEREAS, it is the desire of the Board of County Commissioners of Indian River County to establish a Marine Advisory Board to accomplish the above -stated objectives; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida: 1. The Indian River County Marine Advisory Board is hereby established to consist of the following members who will be appointed by the Board of County Commissioners: a. A County Commissioner, who will serve as Chairman of the Marine Advisory Board. b. A representative of a local environmental organization, such as, but not limited to, the Audubon Society, the Sierra Club, or the Florida Defenders of the Environment. C. A representative of commercial fishermen, preferably a person affiliated with a commercial fishing organization. d. A representative of recreational fishermen, preferably a person affiliated with a recreational fishing organization. 1 ® RESOLUTION NO �5 e. A representative of recreational boaters, preferably a person affiliated with a recreational boating organization. 2. The terms of the Marine Advisory Board members shall be two years, and a member may serve no more than three terms in succession. Members serve at the pleasure of the Board of County Commissioners of Indian River County and may be removed by a majority vote of the Board. Vacancies in the Marine Advisory Board membership shall be filled by a majority vote of the Board of County Commissioners of Indian River County. 3. The Marine Advisory Board shall have advisory powers only. The Marine Advisory Board shall prepare and recommend policies and, where possible, specific plans relating to: 1. Preservation and enhancement of recreational uses in the Indian River Lagoon. 2. Protection and improvement of water quality and marine habitat in the Indian River Lagoon. 3. Minimization of adverse impacts on the Indian River Lagoon from all forms of pollution, development, and over -fishing. 4. Utilization of the Indian River Lagoon and its renewable resources in ways proven not to degrade water quality, marine habitat, recreational utility and natural beauty. The foregoing resolution was offered by Commissioner Wheeler and seconded by Commissioner Bowman and, being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice Chairman Margaret C. Bowman Ate_ Commissioner Richard N. Bird Vie_ Commissioner Carolyn K. Eggert Ave Commissioner Gary C. Wheeler Aye 2 BOOK 6n JAN 2 d 10RJ � �' JAN 27iLJ87 '� ro'_J BOOR 7 1si.11-163 RESOLUTION NO. 87-15 The Chairman thereupon declared the resolution duly passed and adopted this _27thday of _Janua_ry,, 1987. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By2)40SG za Don C. Scu rl ock, Jr Chairman ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Bruce-7Mrkett Assistant County Attorney ADDITIONS TO THE EMERGENCY SERVICES COORDINATING COMMITTEE Commissioner Eggert wished to add the Sebastian and Vero Beach Police Departments to the List of participating organizations. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously added the Sebastian Police Department and the Vero Beach Police Department to the list of participating organizations in the Emergency Services Coordinating Committee. 103 UPDATE ON CAD SYSTEM A brief discussion was held regarding the status of the CAD system approved by the Board in September, 1986. Chairman Scurlock advised that the consortium is now asking for an additional $75,000 over and above the $32,000 the County paid to enter the consortium. He stated that we intend to look into this matter thoroughly and pursue our legal rights, but it may be necessary to come back on an emergency basis for travel authorization to go to St. Louis County, Missouri, and straighten this out. Chairman Scurlock just wanted the Board to be aware of this matter. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 12:35 o'clock P.M. ATTEST: U)----- Clerk Chairman JAN ? T40-3=7 104 BOOK 67 rrI)FI64