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HomeMy WebLinkAbout2/10/1987Tuesday, February 10, 1987 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, February 10, 1987, at 9:00 o'clock A.M. Present were 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; L. S. "Tommy" Thomas, Intergovernmental Relations Director; Joseph Baird, OMB Director; and Barbara Bonnah, Deputy Clerk. The Chairman called the meeting to order, and Commissioner Bowman led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Commissioner Bowman requested that approval of the lease with the Pelican Island Audubon Society, Inc. for the Wabasso Island site for an environmental learning center be added to the Consent Agenda as Item L. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously (4-0, Commissioner Wheeler being temporarily delayed), added the above item to today's Consent Agenda. FEB10 1987 BOOP( 67 Fa. F. r? FEB 10 1987 BOOK 67 Fa�E X43 Chairman Scurlock requested the addition as Item M on the Consent Agenda of the bid award for golf carts for Sandridge Golf Club. ON MOTION by Commissioner Bird, SECONDED by Commissioner Bowman, the Board unanimously added the above item to today's Consent Agenda. APPROVAL OF MINUTES The Chairman asked if there were any corrections or additions to the Minutes of the Meeting of January 13, 1987. Commissioner Wheeler pointed out on Page 24 that he, not Commissioner Bird, seconded the Motion adopting Ordinance 87-3 prohibiting the possession of open containers of alcoholic beverages in vehicles. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously approved the Minutes of 1/13/87, as corrected. The Chairman asked if there were any corrections or additions to the Minutes of the Meeting of January 20, 1987. Commissioner Wheeler pointed out on Page 43 that he, not Commissioner Bird, voted in opposition to the Motion to table the decision on the special exception requested by Schaub Communities. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously approved the Minutes of 1/20/87, as corrected. 2 CONSENT AGENDA Chairman Scurlock requested that Item J be removed from the Consent Agenda for discussion, and Commissioner Bird asked that Item L be removed also. A. Approval of Renewal Application for Permit to Carry a Concealed Firearm The Board reviewed the following memo dated 1/26/87: TO: The Honorable Members of DATE: January 26, 1987 FILE: the Board of County Commissioners SUBJECT: PISTOL PERMIT - RENEWAL FROM: Charles P. Balczun REFERENCES: County Administrator The following person has applied through the Clerk's Office for renewal of a pistol permit: Lothar K. Zeran All requirements of the ordinance have been met and are in order. ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously approved the renewal application for a permit to carry a concealed firearm for Lothar K. Zeran. B. Approval of New Application for Permit to Carry a Concealed Firearm The Board reviewed the following memo dated 1/26/87: 3� FEB10 198 BOOK � � F'� ���. �� FES 10 198/ BOOK d . ;,. TO: The Honorable Members of DATE: January 26, 1987 FILE: the Board of County Commissioners FROM: Charles P. Balczun County Administrator SUBJECT: PISTOL PERMIT NEW REFERENCES: The following person has applied through the Clerk's Office for a new pistol permit: Lawrence Fogli All requirements of the ordinance have been met and are in order. ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously approved the new application for a permit to carry a concealed firearm for Lawrence Fogli. C. Approval of Out -of -County Travel ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously approved out -of -county travel for Commissioners and appropriate staff to attend the NACo Legislative Conference in Washington, D.C., on March 14-17, 1987. 4 D. Retroactive Approval of Out_of-Counntty Travel ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously granted retroactive approval for out -of -county travel for Commissioner Bowman to attend Marine Resources Council in Melbourne, Florida, on February 6, 1987. E. IRC Bid #333, Three Rotary Mowers The Board reviewed the following memo dated 1/27/87: TO: BOARD OF COUNTY COMMISSIONERS DATE:. January 27, 1987 FILE: THRU: Joseph A. Baird Director, Budget Of SUBJECT: IRC Bid #333 - Three (3) Rotary Mowers FROM:REFERENCES: aro yn(, oo ric , Manager Purchasing Department Description and Conditions Bids were received Thursday, January 22, 1987 at 11:00 A.M. for IRC #333 - Three (3) Rotary Mowers for the Road and Bridge Department. 8 Bid Proposals were sent out, 4 Bids were zseceived. Alternatives and Analysis The low bid was submitted by Sunrise Ford Tractor, Ft, Pierce, F1., for a Ford 954 in the amount of $1575.00 each. The bid meets specifications. Recommendation and Funding Staff recommends IRC #333 be awarded to the low bidder, Sunrise Ford Tractor in the amount of $4725.00 for (:3) rotary mowers. Funds are budgeted in Account #111-214-.541-066.49. 5 aooK 67 FA,F X40 r -7 FEB 10 1987 BOOK 67 uUF. X47 ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously awarded IRC Bid #333 in the amount of $4725 for (3) rotary mowers to the low bidder, Sunrise Ford Tractor, as recommended by Purchasing Manager Goodrich. BOARD OF COUNTY COMMISSIONERS 1840 25th Street Vero Beach, Florida 32960 BID TABULATION ID NO. IRC B I D #333 0 al . u� ro �4y UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE v� 160 J yl •yQ icy R �4y I', �i �,�'� U ti a n .C� n ID NO. IRC B I D #333 0 al . u� ro �4y UNIT PRICE UNIT PRICE UNIT PRICE ID NO. IRC B I D #333 DATE OF OPENING Jan. 22, 1987 �" a p v,'�! �a.�� ,C ��� v,4- �u �� Q, 4 ay 0 ary 44 y o • °i a` a 4p0 a 4 ay 4� Ry.1°'� A'�' k'�Aj ID TITLE Three (3) Rotary Mowers -Eta O DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE — UN 1. THREE (3) Rotary Mowers Side- Bush og J. pe 609 re Bush og Terra n Ford 954 3 Each 2324 00 1820 00 2300 00 2180 00 1996 100 1575 00 2. Days required for delivery after receipt of Purchase Order Days 30 45 30 60 60 3 F. Approval of FY -87 Emergency Assistance Agreement The Board reviewed the following memo dated 1/30/87: TO:Board of County CommissionerDATE: January 30, 1987 FILE: iHRU: Charles P. Balczun County Administrator H.T. "Sonny" Dea Agenda Item For Approval Of FY -87 Director, General a vices SUBJECT: Emergency Assistance Agreement (EMA) � FROM: Doug Wtight � REFERENCES:87EM-76-10-40-10-026 Director, Emergency Management BACKGROUND: The Federal Emergency Management Agency allocates funds each year to Indian River County based upon specific statements of work which are 6 included in the federal/state Comprehensive -Cooperative Agreement. The FY -87 Emergency Management Assistance (EMA) Agreement allocates $22,721.00 to the County in matching funds. This is an increase from $22,519.00 provided for FY -86. PROPOSAL: It is proposed that the Board of County Commissioners accept and approve the EMA Agreement which provides funds to supplement and enhance Emergency Management activities in Indian River County. RECOMMENDATION: It is respectfully recommended that the Board authorize the Chairman Jo execute the FY -87 EMA Agreement. ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously approved the FY -87 Emergency Assistance Agreement and authorized the Chairman's signature. AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD G. Approval of Partial Payment for Appraisal #8992 - 6th Avenue Right -of -Way_ Acquisition The Board reviewed the following memo dated 1/29/87: TO:THE HONORABLE MEMBERS OF DATE: January 29, 1987 FILE: THE BOARD OF COUNTY COMMISSIONERS THROUGH: Charles P. Balczun County Administrator SUBJECT:- Payment for Appraisal #8992 6th Avenue R/W Acquisition James W. Davis, P.E., Public Works Director _ FROM:Donald G. Finney,sRA REFERENCES: Right of Way Acquistion Agent DESCRIPTION AND CONDITIONS Armfield-Wagner Appraisal & Research, Inc. was authorized to appraise 8 parcels for $7,000. The County has received 6 parcel reports, one small parcel was dropped for which we received a credit of $250.00. A large part of this parcel research had already been completed. The appraiser delivered to date, last parcel. is requesting partial payment of $4,000 for work leaving a balance of $2,750 due upon delivery of the FE113 10 9987 7 BOOK 6 F',�G,-L t'?)4 L_ r— FFA 10 '611-1 n,��-7 RECOMMENDATIONS Staff request authorization to pay $4,000. FUNDING BOOK 7`'� . t?49- Funding will be from the Indian River Blvd., South account. / ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously authorized payment of $4,000 to Armfield-Wagner Appraisal & Research, Inc. for appraisal #8992, 6th Avenue night -of -way acquisition, as requested by staff. H. Approval of Awarding_ Appraisal Assignment_on North Gifford Road Right -of -Way Acquisition The Board reviewed the following memo dated 1/29/87: TO:THE HONORABLE MEMBERS OF DATE: January 29, 1987 FILE: THE BOARD OF COUNTY COMMISSIONERS THROUGH: Charles P. Balczun County Administrator SUBJECT: North Gifford Road R/W James W. Davis, P.E., Acquisition Public Works Director' FROM: Donald G. Finney', SRAREFERENCES: Right of Way Acquistion Agent DESCRIPTION AND CONDITIONS On January 12, 1987, I wrote to three certified appraisers for a written quote and a delivery date for a 17 R/W parcel report on the North Gifford Road R/W project. The Board of County Commissioners previously approved obtaining -the appraisal report with a fee not to exceed $16,000. To date I. have received the following written quotes or correspondence: 1) Napier Appraisal Services, -Vero Beach office -$550 per parcel or $9,350 with delivery in 60 days. 2) Armfield Appraisal & Research, Vero Beach office -$13,200 with delivery in six weeks. 3) Thomas Osteen, Ft. Pierce office -will not be sending a quote. 8 RECOMMENDATIONS Staff request awarding the appraisal assignment to #1 above, Napier Appraisal Services with payment at completion of the report. VT'MTTTATr1 Funding will be from the Gifford Improvements Account #104-214-541 ON MOTION by Commissioner Bird, SECONDED by / Commissioner Eggert, the Board unanimously awarded the appraisal assignment to Napier Appraisal Services of Vero Beach at $550 per parcel or $9,350 with delivery in 60 days; funding to be from the Gifford Improvements Account #104-214-541. IY Report / Received and placed on file in County Commission Office, Report of Occupational License Taxes collected during the month of January, 1987•-- $2,722.95 J. IRC Bid #339_- Sixty (60) New 4 -Wheel Gasoline 4 -Cycle i:n 1 f rn rc The Board reviewed the following memo dated 2/3/87: TO: Board of County Commissioners DATE: Feb. 3, 1987 FILE: THRU: Joseph A. Baird Director, Budget Office_.o0��j L. S. "Tommy" Thomas '7 SUBJECT. IRC BID #339 -Sixty (60) Intergovernmental Coordinator New 4 Wheel Gasoline 4 cycle --- _ Golf Cars W/Canopy Tops FROM: REFERENCES: Carolyn/Goodrich, Manager Purchaing Department 1. Description and Conditions Bids were received Thursday, January 29, 1987 at 11:00 A.M. for IRC #339—Sixty (60) New 4 Wheel Gasoline 4 Cycle Golf Cars W/Canopy Tops for Sandridge Golf Course. 2. Alternatives and Analysis The low bid was submitted by E -Z -Go Golf Cars, however it is a 2 cycle engine and the specifications call for a 4 cycle engine. The low bid meeting specifications was submitted by Club Car, Winter Park, F1. FEB 10 `��� 9 BOOK 6 7 HYj,- i o5- 0 FEB 10 1037 BOOK 6 7 ;. 151 The cost for a 48 month lease without full maintenance would be $59.63 per month, buyout at end of 1 year -$1967.13, for a total of $2682.69 each. The full maintenance would not be required because there is a 2 year warranty on parts and labor. 3. Recommendation Staff recommendation would be to go with a 48 month lease without maintenance and buyout at the end of the first year. Joe Baird and Thommy Thomas will review the lease submitted by Club Car and determine whether to go with their lease or seek outside financing. Chairman Scurlock pointed out that the bid tabulation mentions a 40 -month lease while staff's memo mentions it as a 48 -month lease, and OMB Director Joe Baird confirmed that it would be a 48 -month lease. Commissioner Wheeler asked if staff had the opportunity to see if we would be better off leasing or purchasing, and Tommy Thomas, Director of Intergovernmental Relations, advised that he and Director Baird will review the lease agreements so that we can negotiate the best possible lease, but stressed that we are not limited to taking their lease if we can find a better one. Commissioner Eggert understood that staff has investigated an outright purchase, and Director Thomas explained that if we purchase the golf carts outright, we would have to borrow money which would cause a shortfall. Commissioner Bird felt that a lease with an option to purchase gives us more flexibility, especially in a new operation, because we are not sure exactly how heavy our play is going to be and how many carts will be needed at various times. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously approved staff's recommendation of a 48 -month lease with no maintenance with an option to purchase from Club Car of Winter Park, Florida, and authorized staff to continue renegotiating on the best possible lease. 10 BOARD OF COUNTY COMMISSIONERS 1840 25th Street Vero Beach, Florida 32960 BID TABULATION C U k, `b' ti -) y V bR �^ �, y a� °tty �� c3'� o v ,�o '� , `� cy y �NZ'�' s BID NO. IRC Bid #339 DATE OF OPENING Jan. 29, 1987 BID TITLE Sixty (60) New 4 wheel Gasoline 4 cycle Golf Cars w/canopy t ITEM DESCRIPTION NO. UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE Yamah LL Club LL ar I E -Z -G 1. 40 Month Lease to include Full Maintenance Per Car Per Mont 70 00 3 00. 65 or 1 Year Bu out 2175 00 1967 13 1901 0 s Total 3015 00 2843 13 2681 OC I 2. . Alternate 40 Month Lease wit"o t Full _ Maintenance Per Car Per Month 56 51 59 63 49 00 1 Year Bu out 2151 00 1967 13 1901 00 Total 2829 12 682 69 94R9 00 3- Alternate Outrigbt Purcha e Price 60 Golf Cars Each 2595 00 2495 00 2300 00 K. Bond Release, Champion Home_ Communities, Inc. d/b/a Heron Cay The Board reviewed the following memo dated 2/4/87: TO: The Board of County Commissioners DATE: February 4, 1987 SUBJECT: Champion Home Communities, Inc., doing business as Heron Cay - Bond Release FROM: Bruce Barkettl Assistant County Attorney Champion Home Communities, Inc., doing business as Heron Cay, A Manufactured Housing Rental Community, posted a performance bond guaranteeing construction of infrastructure FEB 10 9 BOOK � PAGE�� �� BOOK FAUF. BJ. and site improvements on the site of Heron Cay at 1400 Avenue, Vero Beach, Florida on December 5, 90th 1984. The amount of the bond was $594,000.00. Champion Home Communities, Inc. has since sold its interest in the site and The Heron Cay, Corp, has come forward with a substitute bond in the same amount guaranteeing performance of the same. obligations. Champion Home Communities, Inc. requests release of its bond since we now have a substitute bond from The Heron Cay, Corp. It is recommended that the Board of County Commissioners authorize the Chairman to sign the attached release. A copy of the original bond and the substitute bond are attached. ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously approved f the release of performance bond in the amount of $594,000 to Champion Home Communities, Inc. d/b/a Heron Cay, and authorized the Chairman's signature. 12 _ 2/4/87(B32)LEGMm) RELEASE OF BOND OBLIGATION WHEREAS Champion Home Communities, Inc., doing business as Heron Cay, of 1400 90th Avenue, Vero Beach, Florida 32961, as Principal, and The Aetna Casualty and Surety Company, as Surety, have posted a bond with Indian River County, Florida guaranteeing construction of roads, water and sewer systems, utilities, and other site improvements on the site of Heron Cay, A Manufactured Housing Rental Community, 1400 90th Avenue, Vero Beach, Florida 32961 (Phase Ill); and WHEREAS said Bond Number 24 SB 100088132 BCA was posted on December 5, 1984; and WHEREAS The Heron Cay, Corp., 1400 90th Avenue, P.O. Box 6767, Vero Beach, Florida, as Principal, and Merril Blake and Barbara Iles, as Sureties, have posted a substitute bond of an identical amount guaranteeing the same performance as the earlier described bond; THEREFORE, Indian River County, by and through the Board of County Commissioners of Indian River County, hereby accept the bond dated January 29, 1987, The Heron Cay, Corp. (Principal), Merril Blake and Barbara Iles (Sureties), in the amount of Five Hundred Ninety -Four Thousand Dollars ($594,000.00) as good and sufficient consideration and substitution for Bond Number 24 SB 100088132 BCA and hereby agrees to and does release Champion Home Communities, Inc. doing business as Heron Cay and The Aetna Casualty and Surety Company from Bond Number 24 SB 100088132 BCA. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By C. Don Scuf1lock, J . Chairman ATTEST: Approved �o and Freda Wright', le rV 12 li/a C:.ice 8-av{<ett . Asst. County Attorney FEB I BOOK �1����;�:�e�� FES 10 ib_`7 BOOK 6~ Fr�� L. _Approval of Lease With Pelican_ Island_ Audubon, Society for Learning_ Center Site on_Wabasso_Island Commissioner Bird pointed out that on Page 2 of the lease, the first word under paragraph 3 should be changed to "lessee" instead of "lessor". He further noted that under paragraph 8 we are requiring $100,000-$300,000 liability insurance for 1987. He felt that was fine for 1987, but wondered how adequate that would be in 99 years from now. He suggested that the wording be changed to cover inflation over the years, and the Board authorized Attorney Vitunac to make that change. ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously approved the Lease Agreement between IRC and the Pelican Island Audubon Society for site of learning center to be built on Wabasso Island. LEASE AGREEMENT WILL BE PUT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN FULLY EXECUTED AND RECEIVED M. Award of Bid - Cart Paths at Sandridge Golf Course The Board reviewed the following memo dated 215187: TO: The Honorable Members of�A ' of. February 5, 1987 FILE:. the Board of County Commissioner SUBJECT: CART PATHS -GOLF COURSE L. S. "Tommy" Thomas ��• FROM. o EFERENCES: Intergovernmental Coordinator The low bidder on the cart paths was Damon Construction Corporation of Vero Beach at $120,000. The next low bidder was J. B. Walker Construction, Inc. at $136,000. 14 The original advertised bid (attached) did not specify a performance bond, but when the final contract prepared by the Attorney's office was delivered it required this bond. In view of the fact that no moneys will be paid until 50% of the work is completed, I would recommend that the performance bond be waived. Mr. Damon will meet all other insurance requirements, and is prepared to start work Tues- day, February 10, 1987. . ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously awarded the bid for construction of cart paths at Sandridge Golf Course to the low bidder, Damon Construction Corporation of Vero Beach, in the amount of $120,000, as recommended by staff. AGREEMENT WILL BE PUT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD WHEN FULLY EXECUTED AND RECEIVED BOARD OF COUNTY COMMISSIONERS. 1840 25th Street Vero Beach, Florida 32960 BID TABULATION BID NO. DATE OF OPENING Dec. 12 3,986' �• BID TITLE Sandridge Golf Course— Concrete Cart Paths - ITEM DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE NO. s HAD PUBLIC HEARING - SEA TURTLE PROTECTION ORDINANCE 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: 15 FE500K S �� FEB 10 VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a in the Court, was pub- lished in said newspaper in the issues of Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has 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- tiserrent; 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 ifl,-�:1>il this day of c (Clerk of the Circuit Court, India Manager) River County, Florida) s^ A BOOK NOTICE—PUBLIC NOTICE -NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Indian River County; Florida, shall hold a public hearing at which par- i ties in interest and citizens shall haveissn io I tunity to be heard, in the County Comm Chambers of the County Administration Build- Ing, on Tu�ay,BFebrruary, 10. 1987, 0 25th St.. Vero at 9 05 a!or- m. to consider the adoption of an ordinance enti- tled: AN ORDINANCE' OF INDIAN RIVERCOUNTY, FLORIDA, AMENDING SEC - TON 2GENERAL PROVISIONS OF AP-, PENDIX A OF THE CODE OF LAWS AND ORDINAZON- ING CODE, NCESBYNCREAT ING NG' A NEW C PARAGRAPH 25 (Z) PROTECTION OF. F r. SEA TURTLES.- RESTRICTING OUT DOOR LIGHTING IN BEACH: AREAS IN'' THE UNINCORPORATED AREA OF THE COUNTY; PROVIDING FOR ENFORCE- MENT AND PENALTY THROUGH THE CODE ENFORCEMENT BOARD AND , PROVIDING AN EFFECTIVE DATE A copy of the proposed Ordinance is available at the Planning Department office on the second floor of the County Administratign Building. Anyone who may wish to appealy d which—, be made at this meeting will need to ensure that a verbatim, record of the proceedingg is made which includes the testimorry and evF` Bence upon which the ap4wi will be based, Indian River County Board of County Commissioners 1 , By: -s -Don C Scurlock,- ' Chairman , Jan. 21,,,1987,, The Board reviewed the following memo dated 1/27/87: TO: The Honorable Members DATE: January 12, 1987 FILE: Board of County Commissioners DIVISION HEAD CONCURRENCE• PROPOSED SEA TURTLE SUBJECT: PROTECTION ORDINANCE RESTRICTING OUTDOOR LIGHTING IN BEACH AREAS Robert M. Keatln , AI Planning & Developmen Director FROM: Art Challacombe REFERENCES: Sea Turtle Chief, Environmental Planning DIS:MISC1 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of February 10, 1987. DESCRIPTION & CONDITIONS: j On July 23, 1986 the Board of County Commissioners directed ----staff to prepare an ordinance which would protect sea turtles 16 during their nesting season (May 1 - October 31) by restricting outdoor lighting in beach areas. Research has demonstrated that light intensity, primarily on the horizon, is the main visual cue in the orientation of turtle hatchlings to the sea. Studies have also shown that bright artificial lights along nesting beaches will disorient hatchlings, causing them to spend extended periods of time wandering landward or along the beach. Such disorientation usually results in an increase in mortality and a-weakeningof those hatchlings that eventually do reach the sea. On November 13, 1986, the Planning & Zoning Commission, having specific concerns with the draft ordinance as it was written, voted 6-0 to recommend that staff conduct a workshop with interested organizations, prepare a revised draft and bring the ordinance back to the Commission for further deliberation. These concerns expressed by the Commission members were as follows: 1) Lighting which does not conform with the proposed ordinance requirements cannot be identified until after construction has been completed; 2) Violations associated with non -fixed artificial lighting such as flashlights and vehicular lights are impossible to enforce; 3) The ordinance, in general, is difficult to enforce As directed by the Planning and Zoning Commission, staff held a public workshop on the turtle protection ordinance on December 12, 1986. The current draft, prepared and made available to the public prior to the workshop, was discussed and those attending found significant improvement in the revision offered by the staff. On January 8, 1987, the Planning and Zoning Commission held a public hearing on the proposed ordinance and after making some minor revisions, voted 5-0 to recommend approval by the Board of County Commissioners. ALTERNATIVES & ANALYSIS: The proposed ordinance focuses on restricting potential sources of artificial light with regard to new development and existing development. New Development: The ordinance specifies that all new single family, multiple family, commercial and other structures must comply with the following lighting regulations: 1) Floodlights shall be prohibited. Wall mounted light fixtures shall be fitted with hoods so that no light illuminates the beach; 2) Pole lighting shall be shielded in such a way that light will be contained within an arc of three (3) to seventy- three (73) degrees on the seaward side of the pole. Outdoor lighting shall be held to the minimum necessary for security and convenience; 3) Low profile luminaires shall be used in parking lots and such lighting shall be positioned so that no light illumi- nates the beach; FEB 10 1�� 17 BOOK U�� r� FEB 10 1937 37 Boa 67 Feer ?59, 4) Dune crosswalks shall utilize low profile shielded lumi- naires; 5) Lights on balconies shall be fitted with hoods so that lights will not illuminate the beach. 6) Tinted or filmed glass shall be used in windows facing the ocean above the first floor of multi -story structures. Shade screens can be substituted for this requirement. 7) Temporary security lights at construction sites shall not be mounted more than fifteen (15) feet above the ground.. Illumination from the lights shall not spread beyond the boundary of the property being developed, and in no case shall those lights illuminate the beach. Existing Development All existing development, including single family residences would be required to conform to the following lighting restric- tions contained in the proposed ordinance: 1) Lights illuminating buildings or associated grounds for decorative or recreational purposes shall be shielded or screened such that they are not visible from the beach, or turned off after 11:00 P.M. during the period of May 1, to October•31, of each year; 2) Lights illuminating dune crosswalks of any areas oceanward of the dune line shall be turned off after 11:00 P.M. during the period of May 1, to October 31, of each year; 3) Security lighting shall be permitted throughout the night so long as low profile luminaires are used and screened in such a way that those lights do not illuminate the beach; 4) Window treatments in windows facing the ocean above the first floor of multi -story -structures are required so that interior lights do not illuminate the beach. The revised ordinance contains two major changes related to the concerns expressed by the Planning & Zoning Commission. These changes are: 1) The revised definition of "artificial lights"; 2) A new ordinance section establishing beachfront lighting inspections prior to the issuance of a Certificate of Occupancy. The proposed revisions should serve to address the problems associated with the earlier draft. Artificial light is currently defined as a fixed source emanating from a manmade device. The new definition does not include flashlights and vehicular •lights. The new section relating to beachfront lighting approval establishes a method by which lighting compliance is assured for new development through on site inspection. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed ordinance. 18 Chairman Scurlock questioned the enforcement issue, and Assistant County Attorney Bruce Barkett explained that for new construction, it will be enforced through a night-time inspection prior to the permit being issued; otherwise, it will be dealt with just the same as every other zoning or Code Enforcement violation. Chairman Scurlock asked it the Game or Freshwater Fish Commission or the Marine Patrol would have the ability to cite someone under this ordinance, and Attorney Barkett advised that while they would have the ability to report a violation, he did not believe they are empowered to enforce County ordinances. Commissioner Wheeler asked if this could be set up as a regular ordinance instead of an amendment to the zoning ordinance whereby the Game and Freshwater Fish and Marine Patrol, along with the Sheriff, would have the ability to write a summons for violations. Attorney Barkett advised that the Sheriff can write a summons now, but practically speaking, he did not believe that we would be able to get Game and Freshwater Fish or the DNR to enforce the ordinance no matter what we do. Attorney Vitunac noted that even the Sheriff finds it difficult to enforce a zoning ordinance because his men do not have a copy of them and don't understand all the technical aspects. By coordinating with the County, however, they can learn how to enforce specific ordinances such as this. Chairman Scurlock explained that the reason this is in the zoning portion is because one of the mechanisms we are going to use is the site plan process. Commissioner Bird felt that we are going to have to provide the enforcement tools within our own Code Enforcement Department, instead of relying on state or federal agencies for enforcement. Commissioner Wheeler felt this would be a lot simpler and quicker if a law enforcement officer could write up a summons for a violation just like they do for other violations, but Chairman 19 �An� ,FEB Q 800 Fri r. FEB 10 1937 BOOK U Y uu?61 Scurlock pointed that we still would have to go through an involved process. He believed that while 900 of the people will comply with the restrictions, the other 10% will not, no matter what we do. Robert Keating, Director of Planning & Development, emphasized that the Audubon Society has indicated that they will- assist ily assist by checking for lighting violations during the turtle season. Chairman Scurlock suggested setting up a beachfront survey for the beginning of turtle season, and sending out appropriate notices on violations. Commissioner Eggert felt that most people will want to comply as they feel very protective of the turtles. Commissioner Bowman pointed out that Indian River Shores has a very fine ordinance and the Audubon Society was invited up there last turtle season to make a check and found only a couple of violations, which were corrected. Director Keating stated that the Planning & Zoning Commission did make one change in.the ordinance in that existing development does not have to make any physical changes, because in most cases draperies can be pulled or the lights simply turned off. However, it was felt that the lights in public parks and public accesses should be shielded. Director Keating did not know to what extent that would impact the County parks or how many of those lights involve the City of Vero Beach. Chairman Scurlock felt that raised the question of whether our ordinance is more restrictive than the City's, but Attorney Vitunac advised that the City would have to take an active step to get out of our ordinance. Commissioner Bird felt that while it is very worthwhile to protect the environment, particularly endangered species, he hoped what we are creating here allows enough lighting in those beachfront areas to provide for the security and protection of 20 the people who live there and that we don't create some very dark situations. Commissioner Bird asked about window tinting from the second floor and above, and Commissioner Eggert pointed out that most new buildings already have tinted windows on the.east side of the buildings because of the intensity of the sun. Commissioner Bowman stated that most turtles hatch between 11 p.m. and the early morning. Further, she had some concern about pedestrian safety for those people walking on the beach at night. Referring to page 5 of the ordinance, under paragraph 2, where it reads: "Lights illuminating dune crosswalks of any areas oceanward of the dune line shall be turned off after 11 p.m. She believed that people would get caught down there in the dark, and suggested that the requirement be changed to shield those lights instead. Director Keating explained that'this particular provision relates to existing development, there .is another specification for new development very close to what Commissioner Bowman has suggested. The idea was to try not to impose any additional costs or needs to retrofit to existing development by giving them the option of turning the lights off. Commissioner Bowman also wished to see the ordinance include the option of having people put their lights on timers. Attorney Vitunac advised that the proposed ordinance would be applicable only to the unincorporated areas of the county, and the Board discussed changing the terms of the ordinance so that the City of Vero Beach would have to take steps to opt out. Commissioner Scurlock suggested sending a letter to the various municipalities encouraging them to pass an ordinance of their own. It was noted that Indian River Shores has an excellent one already, and Attorney Vitunac believed the City of Vero Beach has one also because they have to comply with the turtle protection requirements in the Hutchinson Island Management Plan. FEB 10 1987 21 BOOK 6 7 F',hGE ��� FEB 10 1937aooa 67 F.,kF Commissioner Bowman felt that if we pass a regular ordinance on this matter, a lot of education would have to be done with the Police Department to let it be known that it is illegal to have lights on at the beach during certain nighttime hours. Commissioner Bird felt the best way to go is through a zoning ordinance so that we have some real teeth at the time a building permit is issued for new construction. The Chairman opened the Public Hearing and asked if anyone wished to be heard in this matter. There were none. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously closed the Public Hearing. Commissioner Bowman wished to have the ordinance go into effect on May 1st, rather than August 1st, so that we have protection during this year's turtle season. MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Bowman, that the Board adopt Ordinance 87-15, amending the Zoning Code for protection of sea turtles by restricting outdoor lighting in beach areas and in the unincorporated area of the county; with the amendments outlined by staff, to be effective May 1, 1987. Commissioner Wheeler still wished to see it applied county -wide and enforced by County law enforcement officers along with the Code Enforcement Board, but Commissioner Eggert felt it was not really necessary since Indian River Shores has an ordinance, and Vero Beach either has one now or will have one soon. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. 22 Commissioner Bowman pointed out that in at least two places in the ordinance, mention is made of "unincorporated beaches", and asked that the wording be changed do "beaches of unincorporated Indian River County." L- 23 F_ 2/10/87(B4)LEGAL(Bnm) FEB 10 '66n` BOOK I � U ""F Vi=i ORDINANCE NO. 87- 15 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 25 GENERAL PROVISIONS OF APPENDIX A OF THE CODE OF LAWS AND ORDINANCES, KNOWN AS THE ZONING CODE, BY CREATING A NEW PARAGRAPH 25 (Z) PROTEC- TION OF SEA TURTLES; RESTRICT- ING OUTDOOR LIGHTING IN BEACH AREAS IN THE UNINCORPORATED AREA OF THE COUNTY; PROVIDING FOR ENFORCEMENT AND PENALTY THROUGH THE CODE ENFORCEMENT BOARD; AND PROVIDING AN EFFEC- TIVE DATE. WHEREAS, Indian River County beaches serve as prime nesting habitat for thousands of sea turtles; and WHEREAS, rapid coastal development threatens the survival of turtle hatchlings because the artificial light causes disorientation in young hatchlings; and WHEREAS, the sea turtle is an essential member of the food chain and has been identified as a threatened and endangered species; and V WHEREAS, the- protection of sea turtle hatchlings is of significant public interest and importance; and WHEREAS, this Ordinance is necessary to protect the natural reproductive cycle of the sea turtle during the nesting and hatching season which runs from May 1, through October 31, of each year; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: SECTION I. Section 25.Z of the Code of Laws and Ordinances for Indian River County, Florida, is hereby created to read as follows: SECTION 25.Z(a). Definitions. For the purpose of this Ordinance, the following terms shall have the meaning set forth in this Section: 1 ORDINANCE NO. 87- (1) Artificial Light: Any fixed source of light emanating from a manmade device, including but not limited to, incandescent mercury vapor, metal halide, or sodium lamps, spotlights, street lights, construction or security lights. (2) Beach: That area of unconsolidated material that extends landward from the mean low water line to the place where there is a marked change in material or physiographic form, or to the line of permanent vegetation (usually the effective limit of storm waves). (3) Environmental Planner: The individual employed by Indian River County who is responsible for the administration of the provisions of this chapter and prosecution of any violations thereof. (4) Floodlight: Reflector type light fixture which is attached directly to a building and which is unshielded. (5) Low Profile Luminaire: Light fixture set on a base which raises the source of the light no higher than forty-eight (48) inches off the ground, and designed in such a way that light is directed downward from a hooded light source. (6) New Development: Shall include new construction and remodeling of existing structures when such remodeling includes alteration of -exterior lighting. (7) Person: Any individual, firm, -association, joint venture, partnership, estate, trust, syndicate, fiduciary_, corporation,_ group, or unit or federal, state, county or municipal government. (8) Pole Li_9hting: Light fixture set on a base or pole which raises the source of the light higher than forty-eight (48) inches off the ground. 2 r'7166 FE01 BOOK FEB 10 1987 1 � -er< 7 BOOK .( P��GE ? ORDINANCE NO..87 (9) Solar Screen: Screens which are fixed installations and permanently project shade over the entire glass area of the window. The screens must be installed outside of the glass and must have a visible transmittance (the percent of incident radiation passing through a window) of forty-five percent (45%) or less. (10) Tinted or Filmed Glass: Window glass which has been covered with window tint or film such that the material has a visible transmittance (the percent of incident radiation passing through a window) of forty-five percent (45%) or less. SECTION 25.Z(b) Purpose. The purpose of this Ordinance is to protect the threatened and endangered sea turtles which nest along beaches of Indian River County, Florida, by safeguarding the hatchlings from sources of artificial light. SECTION 25.Z(c) New Development. It is the policy of the Indian River County Board of County Commissioners that no artificial light illuminate any area of the beaches of unincorporated Indian River County; Florida. To meet this intent, building and electrical plans for construction of single family or multi -family dwellings, commercial or other structures, parking lots, dune walkovers, and other outdoor lighting for real property if Fighting associated with such construction or development can be seen from the beach, shall be in compliance with the following: (1) Floodlights shall be prohibited. WalI mounted light fixtures shall be fitted with hoods so that no light illuminates the beach. (2) Pole lighting shall be shielded in such a way that light will be contained within an arc of three (3) to seventy-three (73) degrees on the seaward side of the 3 M M r ORDINANCE NO. 87 - pole. Outdoor lighting shall be held to the minimum necessary for security and convenience. (3) Low profile luminaires shall be used in parking lots and such lighting shall be positioned so that no Light illuminates the beach. (4) Dune crosswalks shall utilize low profile shielded -luminaires. (5) Lights on balconies shall be fitted with hoods so that lights will not illuminate the beach. (6) Tinted or filmed glass shall be used in windows facing the ocean above the first floor of multi -story structures. Shade screens or black -out draperies can be substituted for this requirement. (7) Temporary security lights at construction sites shall not be mounted more than fifteen (15) feet above the ground. Illumination from the lights shall not spread beyond the boundary of the property being developed, and in no case shall those lights illuminate the beach. SECTION 25.Z(d) Beachfront Lighting Approval. Prior to the issuance of a Certificate of Occupancy, compliance with the beachfront lighting standards set forth in this ordinance shall be approved as follows: (a) Upon completion of the construction activities, the County Environmental Planner shall conduct a site inspection which includes a night survey with all -beachfront lighting turned on. (b) The Environmental Planner shall prepare and report the inspection findings in writing identifying: (i) The date and time of initial inspection. (ii) The extent of compliance with the lighting standards. (iii) All areas of observed noncompliance, if applicable. (iv) Any action(s) taken to remedy observed noncompliance, if applicable. 4 Boor 67 F�.$,E f 8 The Environmental Planner, in cases where remedial action is necessary, shall notify the owner or developer of the results of the inspection and shall schedule a date and time for a subsequent inspection. SECTION25.Z(e) Exemptions for Nuri Development. The provisions of Section 25.Z(c) of this Ordinance shall not apply to any structure for which a building permit has been issued by the Indian River County Building Official prior to the effective date of this Ordinance, however all other provisions of this Ordinance shall be applicable to such structures. SECTION 25.Z(f) Existing Development. It is the policy of the Indian River County Board of County Commissioners that no artificial light illuminate any area of the beaches of unincorporated Indian River County, Florida. To meet this intent, lighting of existing structures which can be seen from the beach shall be in compliance with the following within three (3) months of the effective date of this Ordinance. (1) Lights illuminating buildings or associated grounds for decorative or recreational purposes shall be shielded or screened such that they are not visible from the beach, or turned off after 11:00 p.m. during the period of May 1, to October 31, of each year. (2) Lights illuminating dune crosswalks of any areas oceanward of the dune line shall be turned off after 11:00 p.m. during the period of May 1, to October 31, of each year. (3) Security lighting shall be permitted throughout the night so long as low profile luminaires are used and screened in such a way that those lights do not illuminate the beach. - 5 �, ORDINANCE NO. -87 - The Environmental Planner, in cases where remedial action is necessary, shall notify the owner or developer of the results of the inspection and shall schedule a date and time for a subsequent inspection. SECTION25.Z(e) Exemptions for Nuri Development. The provisions of Section 25.Z(c) of this Ordinance shall not apply to any structure for which a building permit has been issued by the Indian River County Building Official prior to the effective date of this Ordinance, however all other provisions of this Ordinance shall be applicable to such structures. SECTION 25.Z(f) Existing Development. It is the policy of the Indian River County Board of County Commissioners that no artificial light illuminate any area of the beaches of unincorporated Indian River County, Florida. To meet this intent, lighting of existing structures which can be seen from the beach shall be in compliance with the following within three (3) months of the effective date of this Ordinance. (1) Lights illuminating buildings or associated grounds for decorative or recreational purposes shall be shielded or screened such that they are not visible from the beach, or turned off after 11:00 p.m. during the period of May 1, to October 31, of each year. (2) Lights illuminating dune crosswalks of any areas oceanward of the dune line shall be turned off after 11:00 p.m. during the period of May 1, to October 31, of each year. (3) Security lighting shall be permitted throughout the night so long as low profile luminaires are used and screened in such a way that those lights do not illuminate the beach. - 5 ORDINANCE NO. 37- (4) Window treatments in windows facing the ocean above the first floor of multi -story structures are. required so that interior lights do not illuminate the beach. The use of tint or film to windows or awnings is preferred, however, the use of black -out draperies or shade screens will suffice. SECTION 25.Z(g) Publicly Owned Liahtin?. Street lights and lighting at parks and other publicly owned beach access areas shall be subject to the following: (1) Whenever possible, street lights shall be located so that the bulk of their illumination will travel away from the beach. These lights shall be equipped with shades or shields that will prevent backlighting and render them not visible from the beach. (2) Lights at parks or other public beach access points shall be shielded or shaded. SECTION 25.Z(h) . Enforcement and Penalty. Violations of this Ordinance shall be prosecuted in the same manner as misdemeanors are prosecuted, and punishment shall be in accordance with Section 125.69, Florida Statutes. In addition, violations of this Ordinance shall be enforced by the Code Enforcement Board of Indian River County, which may impose fines and liens in accordance with Section 1-60, Code of Laws and Ordinances of Indian River County. SECTION If. Effective Date. This Ordinance shall become effective upon receipt from the Secretary of State of the State of Florida of official acknowledgment that this Ordinance has been filed with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 10th day of February , 1987. 6 FEB10 1987 Bou 6 7 �.. , . BOOK �I r�,;k. 1 FEB 10 1987 CRD I NANCE NO. 87-15_ This Ordinance was advertised in the Vero Beach Press -Journal commencing on the 21st- day of January 1987, for a public hearing to be held on the-10thday of - February -�, 1987, at which time it was moved for adoption by Commissioner Eggert , seconded by Commissioner Bowman following vote: and adopted by the 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 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Don C. Bcurlock, Jr. Chairman J� Attest By :t- 1Uc& Freda Wr'ght Clerk 2. Acknowledgment by the Department of State of the State of Florida, this 13th day of February 1987• Effective date: Acknowledgment from the Department of State received on this 191h day of February 01 1987, at 3.00 a.m./p..m. and filed in the Office a the Cierk of the Board of COOTT17 Commissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Bruce Barkett Assistant County Attorney APPROVED AS TO ADMINISTRATIVE ERS: 1 �Au les P Ba cz iy Administrator 1 APPROVED AS TO BUILDING MATTERS: Ester Rymer, Director Building Division APPROVED AS TO PLANNING AND DEVELOPMENT MATTERS: Robert Keatint, Did�6ctor J1 Planning and Development 7 RESOLUTION ADOPTING PRELIMINARY ASSESSMENT ROLL FOR: Anders Cove Sewer Assessment Seminole Shores and St._Christopher_Harbor _Sewer Assessment Seminole Shores Water Assessment St_ Christopher Harbor Water Assessment The hour of 9:05 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication, 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-Joumal, a weekly newspaper published at Vero Beach in Indian River County,. Florida; that the attached copy of advertisement, being Inn the matter of In the •� Court, was pub- lished in said newspaper in the issues of" �3 7 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 cr refund for the rpose of securing this adver. tisement for publication in the said newspaper. Sworn to and subscribed before me s day o A.D. (Business Manager) (SFAU (Clerk of the Circuit Court, Indian River County, Florida) .S, NDTICB OF PIRl�lEllasft �''. T� The Board of county Camatlouaarr at- R R1w Cauratr,rFwrk1a hwebr tawrMsa lro-1 at -S Public tdtaeua88Yt�8gq77 Whedraed for 9M as an Februivy 011 krdon to i aaaaeuawr m be IFAW agabrat aAak+ en+atteo ProPINIS as IAF fa 8amfrew Bhp.. a ►ueeor-. Wadowaw 'A SLC Er bfoplartYrear—Wlnar Aof the MR Is an Me lir In CeAW* Divam of UfliRy SwOOM and b,opsn For public fospeclion dues➢ bull - This mat[r was dwefsaa r as push• b whl� Baled na Bard M Cam* CommissiawR an Jam 13T 1997. at whioh ams as Baan pamad na IL9aadrg 1100. .Y10orb RESOLUndN Na XM , ...... A RESOLUTION OF THE BOARD OF y -4.v COUNTY COMMISSONERB OF RMLAN RIVER COUNTY, FLORIDA. "T1ATaKi c-'IMRPOVEMENT�iPROGRAMS FOR A .:. PORTION OF THE SOUTH REACH AREA: STATING THE NATURE OF THE - PROPOSED IMPROYEfgNT3• THE... TOTAL ESTIMNED COST. THE •METHOD OF PAYMENT OF ASSESS- MENTS, SSESSME NTS, THE NUMBER OF ANNUAL 96- - . tiTALLMENT$. AND THE LEGAL ilE ..r; - � . BCAtPS10N OF THE MEA SPECIALLY .'.] BENEFITED. THE AREA ASSESS- MENT. SSE MENT. SS COVE SEWER AM SS- :. CHRIST CHRISTOPHER'S LE ARBORSHORES AAE) ST. SESSM OPHEFPS HARBOR SEWER AS WATER NT SEtae10LE SHORES WATER AS S. AND SR. SESS- TOPHER'S HARBOR BOR wAT6t ASSESS- . MPHE Mol, Ordinrta ML 8147 a dnoom r: amid a pbrapra* In na cortsift*+ wow a er aPaaw aa.a.ram warms na aogarO to be eardedted ernes plaw+aa and 1NIEREAS. Anpi✓a Qws, Sharpe. I dna But CNiftopha'e feabar onto south' . .9 was In the taibearporabe area of W4*n Ries i pCnopu* all In aid of adaYt aster add super Wh1E tlM aotaq los hada a puEYa hear- tq d $10 a.m. an Jalwr 13. ISST. afwrnonp it pub�ion m a newspaper at least 13 days bM , the heatl9 to lwww bo orol- errand *am andkWAtae owre WZtEAs. 0. Cossey ttterl - to Fraoeed t0 to second Puha hsaal9 for na purp080 Of a➢' �np a prawrhran assasmoart soN of deya a s n 01 'A project o m Par an 90 net ae10ssnlent In tug wrarol0 Wered or noes a at WIW greed tat aanMW WYe�a of 1N, THEREFORE B� Ir REROI.m BY THE BOARD OF COUNTY COt4A95S10NE FM OF OMAN RIVER COUNTY. FLORIDA that: 1. TM abbe state m are ndIBB . 2. The wns& robed at Anpar'e CIM sewer bopraYemoms, SsolBlehe Shores and SL Cats. �a wear fmproresar ald SL Chris- �pherY Nabor water Mpownam aM d datan mhaa M be m the PL. - . and Shall be ra PevdW by ash I ow Ri � Code 81-27. A��aa rd" epare an assess- ar uM PIC" b M anown an E4104 A.- I °t' dead ecu men. dna. upon dalfg Paves �.,...,� --. Ave 'tri i':.�►'+''.: e�-_. .Aye Cammsdrm AT. TM CaairMW VW WV d daNared The raeo4 Oen dully Damao add a00pMd art 191h day of "o""B T. OF COUNTY COMMItSM— INDIAN RIVER COLA" FLORIDA Bre'Don a sassacAJL - Aftst daCl+alwrtOhtmwnClark _ . by a Waterhouse. D.C. Appraed as to tam and lapel sufOelerrer ` Cow, n10 P. VIEmaD, for ma"Wa -s' errand Push.Wseta _ OW. of Services .Adept' a Sft 'A- w on Ti M 0. Lout" Imp Un d�s urin9b�smes houm Pub, A�ry�na who may wish a appall W" daciaion . wlUpl my he mads at this naaffrp wi Few to to made, wh of Yreosdm asweary and washes upon Wella the appeal a O10ait 31 FEB 10 1937 BOOK F, t/ FEB 10 1937 BOOK 67 u,iF P Jeffrey Barton, Assistant Director of Utilities, explained that this is the second public hearing on these preliminary assessment rolls, and if they are approved today, the project will proceed. Once the projects are completed and they have all the final accounting numbers, they will come back in with the final assessment roll so that the exact amount can be billed to the owners of property involved. The County is acting as the agent to levy the liens and collect the money to be used to build these projects and connect them to the City of Vero Beach water and wastewater systems. v �a2lers Cove Wastewater Assessment Roll Director Barton presented the following assessment roll: ANGLERS COVE CONTRACT C-110 SEC. "F" WASTEWATER ASSESSMENT ROLL Construction v Engineering 11.40 Assessment Roll Field Inspection 4.0% Field Staking & Testing 2.5% Contingencies TOTAL: Assessment/Lot (Based on 20 Lots) Charge/Lot for oversize F.M. to Vero Beach TOTAL ASSESSMENT/LOT: EXHIBIT "A" 32 $ 41,936.00 $ 4,780.00 $ 300.00 $ 1,677.00 $ 1,048.00 $ 4,193.00 $ 53,934.00 $ 2,696.70 $ 190.00 $ 2,886.70 Chairman Scurlock opened the Public Hearing and asked if anyone wished to be heard in this matter. There being none, the Chairman declared the Public Hearing closed. ON MOTION by Commissioner Eggert, SECONDED by - Commissioner Wheeler, the Board unanimously adopted the preliminary assessment roll for sewer improvements in Anglers Cove Subdivision. Seminole Shores and St. Christopher Harbor Wastewater Assessment Director Barton advised that the following assessment costs for this project have been revised to reflect that Lots 8 and 9 in Seminole Shores were combined into one building site: SEMINOLE SHORES ST. CHRISTOPHER HARBOR CONTRACT C-110 SEC. "D" WASTEWATER ASSESSMENT ROLL Construction $71,425.00 Engineering 10.9% $ 7,785.33 Assessment Roll $ 400.00 Field Inspection 4.0% $ 2,857.00 Field Staking & Testing 2.5% $ 1,785.63 Contingencies 10% $ 7,142.50 TOTAL: $91,395.46 Assessment/Lot (Based on 35 Lot Connections) $ 2,611.30 Credit/Lot on 8" F.M. oversize in lieu of 4" F.M. oversize to The Moorings discharge.__ (109.03) Charge/Lot for oversize F.M. to Vero Beach 190.00 TOTAL ASSESSMENT PER LOT: $ 2,692.27 33 FEB 1 `� 1 goo 67 rn� 274 ' I r FEB 10 0937 BOOK 6 � Pt'GE ?75 Chairman Scurlock opened the Public Hearing and asked if anyone wished to be heard in this matter. There being none, the Chairman declared the Public Hearing closed. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously adopted the preliminary assessment roll for sewer improvements in Seminole Shores and St. Christopher Harbor subdivisions. Seminole Shores Water Assessment Roll Director Barton advised the the following assessment costs also reflect the change due to the combination of Lots 8 and 9 in Seminole Shores: SEMINOLE SHORES Contract C-110 Sec. "C" WATER ASSESSMENT ROLL Construction Engineering 12.5% Assessment Roll Field Inspection 4.0% Field Staking & Testing 2.5% Contingencies 100 LESS: Credit for Escrow Proceeds TOTAL: -Assessment per Lot - (Based on 21 Lot Connections) 34 $ 27,063.00 3,382.88 150.00 1,082.52 676.58 2,706.30 $ 35,061.28 (14.580.00) $ 20,481.28 $ 975.30 Chairman Scurlock opened the Public Hearing and asked if anyone wished to be heard in this matter. Larry Delvecchio, owner of Lot 10;in Seminole Shores, asked if it has been deemed that the internal system of the wastewater project is satisfactory and will be accepted by the City of Vero Beach. Director Barton advised that he has not received any updating from the original proposed project which was engineered by the City of Vero Beach. The City will be handling all the construction detail. Today's hearing is the upper limits of what the owners would pay, but if the City decides to delete and use the existing lines, the project will not cost as much and that will be changed when we put all the final costs together and come back in with the final assessment roll. Utilities Director Terry Pinto was not positive that was correct as he believed that part of t'he lines in the wastewater project are staying. Chairman Scurlock emphasized that this wastewater assessment roll is based on upgrading the existing internal system. Mr. Delvecchio pointed out that he and a few other owners are ready to build and understand that they can pull a building permit if this is approved today, but that a Certificate of Occupancy will not be issued until such time as the final assessment is completed. He asked if some projection could be made on the completion as it is his intention to correlate his building with the completion of the utility projects. Director Pinto advised that the City of Vero Beach would be setting the priorities for building the projects, but he felt that the wastewater projects would receive priority. There being no others who wished to be heard in this matter, the Chairman declared the Public Hearing closed. FEB 1� 35 Boor. i 6 FEB 10 1987 Boos 67 rAc R ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously adopted th preliminary assessment roll for water improvements in Seminole Shores Subdivision. St. Christopher Harbor Water Assessment Roll The Board reviewed the following assessment costs: ST. CHRISTOPHER HARBOR Contract C-110 Sec. "B" WATER ASSESSMENT ROLL Construction $ 39,611.00 Engineering 11.6% $ 4,594.88 Assessment Roll $ 150.00 Field Inspection 4.0% $ 1,584.44 Field Staking & Testing 2.5% $ 990.28 Contingencies 10% $ 3,961.10 TOTAL: $ 50,891.70 Assessment/Lot (Based on 14 Lots) $ 3,635.12 EXHIBIT "A" Chairman Scurlock opened the Public Hearing, and asked if anyone wished to be heard in this matter. There being none, the Chairman declared the Public Hearing closed. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously adopted the preliminary assessment roll for water improvements in St. Christopher Harbor Subdivision. 36 � � i ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Eggert, the Board unanimously adopted Resolution 87-18, adopting a .preliminary assessment roll containing property descriptions and preliminary assessments against each lot or parcel of land benefiting from the following improvements: Anglers Cove sewer assessment; Seminole Shores and St. Christopher Harbor sewer assessment; Seminole Shores water assessment; and St. Christopher Harbor water assessment. FEB 10 1987 37 Boor, r' -11; �EB 0`9'° 1/K/(Ktbt))LkUNL(VK)Jh BOOK RESOLUTION NO. 87-18 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ADOPTING A PRELIMINARY ASSESSMENT ROLL CONTAINING PROPERTY DESCRIPTIONS AND PRELIMINARY ASSESSMENTS AGAINST EACH LOT OR PARCEL OF LAND BENEFITING FROM THE FOLLOWING IMPROVEMENTS: ANGLERS COVE . SEWER ASSESSMENT, SEMINOLE SHORES AND ST. CHRISTOPHER HARBOR SEWER ASSESSMENT, SEMINOLE SHORES WATER ASSESSMENT, AND ST. CHRISTOPHER HARBOR WATER ASSESSMENT; CALLING FOR A PUBLIC HEARING TO BE HELD ON FEBRUARY 10, 1987; AND NOTIFYING ALL INTERESTED PARTIES THAT THE ASSESSMENT ROLL MAY BE MADE FINAL AT THE CONCLUSION OF THE PUBLIC HEARING. WHEREAS, by Resolution No. 87-3 Indian River County declared that it is in the public interest to make certain improvements as detailed in the title to that and this resolution; and WHEREAS, Resolution No. 87-3 was advertised in the newspaper 15 days before it was adopted; and WHEREAS, the County has now prepared a preliminary assessment roll containing property descriptions and preliminary assessments of costs against each lot or parcel of land benefiting from such improvements, which preliminary roll is attached as Exhibit "A"; and WHEREAS, a notice has been. published in the Press Journal Newspaper at least 15 days before this hearing that the preliminary assessment roll has been completed, is on file in the office of the County Administrator, and is open for public inspection; and WHEREAS, notice by certified mail was sent at least 15 days before today's hearing to each person whose name and address is known or may be reasonably ascertained who is the owner of any lot or parcel of land assessed concerning today's hearing; and WHEREAS, a public hearing was held pursuant to §11-33 of the Code of Ordinances of Indian River County; 1 = RESOLUTION NO. 87-18 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, that: 1. The attached preliminary assessment roll, as may be amended, is hereby adopted as the final assessment roll which shall stand as confirmation that the assessments against- any certain property are not in excess of the special benefit received by that property, and the assessment shall become a lien against the property pursuant to law and County Ordinances. 2. The assessments of this resolution shall become due and payable at the office of the Tax Collector 90 days from the date of this resolution, and all assessments not paid within that period shall be due and payable in equal annual installments in each of the ten succeeding years with interest at the rate of 12%. 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 this 10th day of - February F 1987. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Attest --Don cur oc J . Chairman Fred ht, I- - Approved to form Approved for alt i l-Vtty. matters: and legal sufficiency: _.J 'J r ey �a r t n_.. arles itunac - -- Assistant Director County Attorney Division of Utility Services EXHIBIT A - PRELIMINARY ASSESSMENT ROLLS - ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD FEB 10 "WE 1 2 BOOK FEB 10 1987 ,+ BOOK 67 F'}q ' ?'81 REQUEST BY DEVELOPERS OF CORALSTONE CLUB TO REDUCE ROAD SHOULDER WIDTH TO SAVE NATIVE VEGETATION The Board reviewed the following memo dated 2/3/87: /Z TO: The Honorable Members of the DATE: February 3, 1987 FILE: Board of County Ccamii.ssioners THROUGH: Charles P. Balczun, County Administrator SUBJECT: Request by Developers of Coralstone Club - Phase I to Reduce Road Shoulder Width to Save Native vegetation FROM: James W. Davis, P. REFERENCES: J.W. Mayer, P.E. , to Public Works Director Jim Davis dated 1/30/87 DESCRIPTION AND CONDITIONS The developer of Coralstone Club located west of SR A -1-A South of Wabasso Road is requesting a waiver from the County typical road section (8" wide shoulder adjacent to 22' wide 2 way road) so that native vegetation can be preserved. The engineer has modified the road design to a 10 MPH speed limit. ALTERNATIVES AND ANALYSIS Due to the topography on the site and added design features, staff does not object even though DOT Green Book standards are not met. RECOMgEMATIONS Staff recommends that the waiver be granted. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously granted a waiver to the developers of Coralstone Club to reduce the width of the road shoulders from 8 ft. to 3 ft. on all roadways within Phase I of the Coralstone Project, as recommended by staff. 40 REQUEST FROM IRC HEAD START PROGRAM FOR COUNTY ASSISTANCE IN FUNDING IMPROVEMENTS TO THE OLD DOUGLAS SCHOOL SITE IN WABASSO The Board reviewed the following memo dated 1/30/87: TO: The Honorable Members of the DATE: January 30, 1987 FILE: Board of County Commissioners THROUGH: Charles P. Balczun, County Administrator SUBJECT: Request from Indian River County Head Start Program to Assist in Finding Inprovements' to the Old Douglas School Site in Wabasso FROKJames W. Davis, P.E., REFERENCES: Public Works Director DESCRIPTION AND CONDITIONS Mr. Leonard Edwards, Director of the Head Start.Program, has received bids for the modifications to Douglas School in Wabasso to convert the school into a new Head Start facility. The buildings and land are county owned and leased to the Wabasso Progressive League for use by Head Start. The low bid in the amount of $18,358.90 that was recently received for paving improvements was slightly above the budget that Head Start has funds for construction. Mr. Edwards requested the Public Works staff to review the bids and determine if approximately $2000 could be saved to bring construction within their budget. ALTERNATIVES AND ANALYSIS Staff has reviewed the low bid and a savings of approximately $1600 could be realized if the County's asphalt contractor, Dickerson, Inc., performed the asphalt work at the $36 per ton bid (Road and Bridge Division annual contract). In addition, the County is being asked to fund approximately $1000 for paving the driveway approaches in the right -of --way, as well as grade swales along the project frontage. RECOMMENDATION AND FUNDING. Staff recommends that the parking lot be paved under the County's annual asphalt contract for approximately $2660 and that the funding be by the Head Start budget. Staff also recommends that $1000 be funded from Board of County Commissioners Contingencies for the driveway aprons. Chairman Scurlock understood that the total cost to the County would be $1,000, with the money coming out of the Board's contingencies. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously approved staff's recommendation as set out in the above memo. 41 BOOP(�1:i FEB 10 Bol[ r.C. AUTHORIZATION TO ORDER -& POST ALCOHOLIC BEVERAGE ORDINANCE WARNING SIGNS The Board reviewed the following memo dated 3/3/87: TO: The Board of County Commissioners DATE: February 3, 1987 SUBJECT:is Beverage Ordinance FROM:*AsistantCounty Wilson Attorney Dave Morgan, Assistant State Attorney for the Nineteenth Judicial Circuit, has requested that the County post signs advising motorists of the above -referenced ordinance on all major thoroughfares entering Indian River County. Mr. Morgan feels that such warning signs will greatly assist the State Attorney's Office in prosecution of violators under this ordinance. The roads affected should include, at the minimum, State Road 60, U.S. #1, A -1-A, 1-95, and those portions of the Florida Turnpike located within Indian River County. This office is requesting that the Board of County Commissioners authorize the traffic engineering department to order and post such warning signs at their earliest possible opportunity. Chairman Scurlock suggested that we delay putting up our signs until we see if the Legislature passes a statewide law, and Commissioner Bowman pointed out that the signs would be at the State's expense if such a law passes. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously tabled this item until the outcome of the State's action. Commissioner Bird suggested that we pend this for review in 6 months, and if nothing has happened by then, readdress it. Commissioner Wheeler,wished to pass a Resolution urging the Legislature to pass a statewide law. 42 ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Eggert, the Board unanimously adopted Resolution 87-19, urging the Legislation to pass a bill prohibiting the possession of open containers of alcoholic beverages in motor vehicles in the State of Florida. Commissioner Bird suggested that Attorney Vitunac reply to Mr. Morgan's letter advising him of today's action, and Attorney Vitunac said he would also send a copy of the Resolution to the Speaker of the House and the President of the Senate, with a copy to each member of our own delegation. Commissioner Bowman felt that this also might be approached on a tri -county level. 43 2/10/87(J4)LEGAL(Wnm) FE BOOK 6 RESOLUTION NO. 87-19 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, URGING THE LEGISLATION TO PASS A BILL PROHIBITING THE POSSESSION OF OPEN CONTAINERS OF ALCOHOLIC BEVERAGES IN MOTOR VEHICLES IN THE STATE OF FLORIDA. WHEREAS, consumption of alcohol is a contributing factor to an extraordinary number of motor vehicle accidents resulting in injury and death on a national, state and local level; and WHEREAS, it is in the public interest to take whatever steps are necessary to reduce this senseless loss of life and property; and WHEREAS, a prohibition upon the consumption of alcoholic beverages by drivers and passengers of motor vehicles may serve to achieve those aims; and WHEREAS, the Board of County Commissioners of Indian River County has determined that such prohibitions are necessary to protect the health, safety and welfare of the public; NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Indian River County urges the Legislature to pass a bill during the upcoming Legislative Session prohibiting the possession of open containers of alcoholic beverages in motor vehicles in the State of Florida. The foregoing resolution was offered by Commissioner Wheeler and seconded by Commissioner Eggert, and, 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 Ave 1 The Chairman thereupon° declared the resolution duly passed and adopted this 10th day of February, 1987. INDIAN RIVER COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By C— — - X -A 2a6z=- 4 Don C. Scurlock, J h—al rman ATTEST: Bye¢ re a right, rE . Com. ROVED AS TO FORM AND LE L SUFFI IEN-Y: J mes P. Wilson A sistant County Attorney HIRING OF AND FUNDING FOR CONSULTANT.FOR PUBLIC LIBRARY The Board reviewed the following memo dated 3/3/87: TO: County Commissioners DATE: February 3, 1987 FILE: SUBJECT: Hiring of and Funding for Consultant for Public Library FROM: Carolyn K. Eggert REFERENCES: Commissioner The Request for Proposal for the consultant to develop the building programs for the two public libraries to be built is in its final stage. The cost of this consultant will not be known until we talk with some of the applicants. The cost of this is eventually to come out of the bond issue, however, we will have to do some interfund borrowing meanwhile. I wish to verify with the Commission that we have permission to proceed this way. I felt that the vote taken several weeks ago gave us this permission, but staff and I would be more comfortable with verification. 45 BOOK "6 F't."F FEB I ! e BOOK. 67 Commissioner Eggert stated it was her understanding that when she brought the discussion to the Board at an earlier meeting, the Board agreed that it eventually would be funded out of the bond issue, and that in the meantime, we would be doing some inter -fund borrowing. She wished to have some verification that this is indeed what the Commissioners understood. Commissioner Bird asked about the consultant's job description, and Commissioner Eggert explained that the consultant will be writing up building programs for the main library and the community library in north county, which will lay out our space and service needs. That information will go to the architect who will then make the construction drawings. Commissioner Bird asked if this is something that is needed in addition to the information provided in the report by Cecil Beach, and Commissioner Eggert confirmed that it was. The Beach report did not provide specific information as to how many square feet would be needed for the various service areas, and the architect cannot draw plans without a good building program plan. She emphasized that this is instead of funding a coordinator, which has been delayed until we see what we need at the time the libraries are built. Right now we have good functioning coordination between the librarians, and it was felt that we could use the money for the consultant rather than getting a coordinator on board at this time. Chairman Scurlock asked Administrator Balczun if there would be interest charged in the future when we have inter -fund borrowing, and Administrator Balczun emphasized that it will always be with interest, unless the Board directs otherwise, so that we can properly allocate proportional costs, and it is always to the general funds. Commissioner Eggert :reported that they are looking at how to bond this so as to get the most construction, and they have received several suggestions which they will bring to the Board along with a specific amount. 46 The Board indicated that this matter had been verified to their satisfaction. NORTH COUNTY FIRE DISTRICT MEETING The. Chairman announced that immediately upon adjournment, the County Commission would reconvene acting as the District Board of the North County Fire District. DOCUMENTS TO BE MADE PART OF THE RECORD Affidavit of Contract between Indian River County and the Vero Beach Firefighters Association Local 2201, IAFF, Inc., dated February 10, 1987 AFFIDAVIT STATS OF FLORIDA " INDIAN RIVER the Board of county COUNTY OF t commissioners of L the enderdgeed executive officer of Indian River•County, Florida e -do hereby certify that there is now in ex9tmce a binding contract entered into by and between the applicant and Y Vero Beach Firefighters Association Local 2201, IAFF, Inc. .the owner of N/A Paula m=Q -a an or Climax Amunmem Attramon on *0 3rd ay of February l� 87 e7 coveting the period from the 20th day of March%. 19 28th March 87 through the day of . li and that the original contract Is available at 1 840 25th street Vero Beach FL aftat Number LXY Ems to in"cdon by duly authorized agents of either the Commiuioner of Agriculture or the Comptrooilet at their reques. Fonts I cacti tbat the main of tba applicant Is to conduct and ate the peopaed fdr for et, fy P+aP� PPl °Par the benefit and developmmt of edncattma4 agricultttal. harticuhu"I Uveteoc t and other remurces of do trate. [Asst. proved as to form ` d legal sat cienc \ Chairman y e o ecu ve rTITLE ruce Carkett Board of County Commissioners of Indian River County Attorney NAMOCIII&VAU0014100 Sworn to and b d before me this - ay of 19,417 AOnaT vOSLIc STATE OF FLORIDA >Ky commirdon explra av n=-;ssmn trv_ ercr, u_ wne . AOUD AM GENERAL INS. ONO. 47 FEB 10 1907 BOOK 67 f'��GE►� � FEB 10, f BOOK 6 7 There being no further bus.iness, the Board on Motion duly made, seconded and carried, the Board adjourned at 9:50 o'clock A.M. ATTEST: U Ze I Clerk Chairman 48