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HomeMy WebLinkAbout2/24/1987Tuesday, February 24, 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 24, 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 Attorney Vitunac led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Scurlock requested the addition to today's Agenda of two recommendations from the Finance Advisory Committee, and announced that Item 6H - Discussion re Extension of Sewer Service by Sea Oaks Utilities - is being deleted after receipt of the following letter which he read aloud. BOOK.FEB 2 4 1987 � FEB 24 1981 -7 sfYS Boor 3-17 S UT�PTIES, INC. 3339 CARDINAL DRIVE VERO BEACH, FLORIDA 32963 (305) 231-6860 i Fe ruary 23, 1987 'AZZ�,�Z�r FEB 1987 Donald Scurlock Chairman, Board of County Commissioners y Euft V 7 1840 25th Street % �MMis, pN Vero Beach, Florida 32960 i, Dear Mr. Scurlock: As you are aware, we have previously requested to appear before the Board of County Commissioners of Indian River County at its February 24, 1987 meeting. The nature of our request was to extend the franchise territory of Sea Oaks Utilities, Inc. into that of Consolidated Vista Development Corporation. With your assistance, and that of Mr. Terrence Pinto of the county's utility department, we have been able to accomplish the intent of our request ... service to the Coralstone Club using a permanent treatment facility rather than a temporary package plant. This will be accomplished under a service agreement between Consolidated Vista Development Corporation and Sea Oaks Utilties, Inc. which will allow them to buy capacity, treatment and agreed upon operating services from our utility while leaving their franchise intact. The capacity and treatment will be provided in a uniform and non-discriminatory fashion under the same terms and conditions as properties within our franchise territory. Accordingly, we withdraw the request to expand our franchise territory, but -. ask that the presentation material and this letter be considered a matter of public record. We appreciate your time and consideration in this matter and look forward to continued mutual support. er truly ours Preston I. Perrone President ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously deleted and 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 27, 1987. Commissioner Bird.had a minor correction in the first paragraph on page 36 where he was. talking about existing beach clubs. He believed he had referred to the beach clubs at Riomar and Johns Island, and asked that "Castaway Cove" be deleted as he did not believe they have a beach club. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved the Minutes of the Regular Meeting of 1/27/87, as amended. CONSENT AGENDA Chairman Scurlock asked that Items I and J be removed from the Consent Agenda for discussion, and Commissioners Eggert and Bird asked that Items M and O be removed also. A. & B. Reports Received and placed on file in the Office of the Clerk: Traffic Violation Bureau, Special Trust Fund Month of January, 1987, $46,964.55 Month to date report by last name - January, 1987 FEB 2 4 1987 3 BDOK 67 PA"E 3 .8 F E B 24 1997 BOOK 67 PA,E -379 C. Proclamation ___Mentally Handicapped Week PROCLAMATION PROCLAMATION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DESIGNATING MARCH 5 THROUGH MARCH 7, 1987 AS MENTALLY HANDICAPPED WEEK - WHEREAS, the Knights of Columbus, Vero Beach Council 5629, will be conducting its annual Tootsie Roll Drive to help the handicapped and mentally retarded citizens, on March 5 through March 7, 1987; and WHEREAS, proceeds from the donations will be used by the Knights of Columbus for local programs and activities such as the mentally retarded workshop and special olympics program; and WHEREAS, on nationwide basis, the Knights of Columbus Councils will be conducting similar events during the same time span; and WHEREAS, with the help of many friends and local organizations who have- volunteered to assist the Knights of Columbus in this year's endeavor, it is anticipated that the proceeds generated will be far in excess of last year's total; and WHEREAS, it is altogether fitting and proper to officially recognize this worthy cause, and to help create a public awareness and appreciation for all those who will be "aproned and _canistered" on March 5 through March 7, 1987 and most of all, for all those who will contribute what they can from their hearts and pockets to assist the mentally handicapped; NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that March 5 through March 7, 1987 -be officially observed as MENTALLY HANDICAPPED WEEK in Indian River County, and.that special recognition be given to the dates of March -5 through. March 7, 1987 in support of this worthwhile endeavor. - Adopted February 24, 1987 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA 4 D. Proclamation - Retired Senior Volunteer Day P R_O C L A M A T I O N WHEREAS, each year many retired senior- citizens of our community and county volunteer countless hours of service in order to help others; and WHEREAS, the RETIRED SENIOR VOLUNTEER PROGRAM is founded on dedication and a commitment to provide a variety of opportunities for retired persons who are age 60 or more to participate more fully in life through significant volunteer service; and WHEREAS, Indian River County benefits greatly by the... thousands of volunteer hours that senior citizens donate each year; and • WHEREAS, presently more than 40 non-profit organizations and agencies have senior volunteers doing a number of challenging and interesting volunteer -jobs in our community; and WHEREAS, membership in the RETIRED SENIOR VOLUNTEER PROGRAM is open to anyone age 60 or more who is willing to donate 5 hours a week to volunteer service; NOW, THEREFORE, BE IT PROCLAIMED BY THE THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA That March 7th, 1987 be observed as RETIRED SENIOR VOLUNTEER DAY IN INDIAN RIVER COUNTY and the Board invites all citizens to honor our senior citizens who contribute so unselfishly of their time and energy to volunteerism. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY C_ DON C. SCURLOCK, J . CHAIP14AN 5 BOOK 6" f',;E,3qu FEB 24 1987 BOOK 67 � E_Approval _of Out -of -County Travel ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously approved out -of -county travel for Commissioners and appropriate staff to attend the National Hurricane Conference in Orlando, Florida, on April 1-3. F._ Approval of Commissioner_ Bird's_ Appointment to NACo's Agriculture and Rural Affairs_ Steering_Committee ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously approved the appointment of Commissioner Bird to NACo's Agriculture and Rural Affairs Steering Committee. G. Purchase of I -Ton Pickup Trucks for Landfill and Sandridge Golf Club The Board reviewed the following memo dated 2/13/87: TO: Board of County Commissioners DATE: February 13, 1987 FILE: THRU: Joseph A. Baird Director, Budget Office SUBJECT: Purchase of 1/2 Ton Pickup Trucks for Landfill and Sandridge Golf Course FROM: Carol Goodrich REFERENCES: Purchasing Department Manager Several weeks ago bids were requested for 1/2 Ton Pickup Trucks for several departments. - The low bid was $8821.42. The equivalent vehicle is available on the Florida State Contract for $8684.57. At the February 3, 1987 Board meeting, staff .was authorized to purchase the trucks from the State Contract. Staff requests authorization to purchase 2 additional pickup trucks from the State Contract for -the Landfill Department and Sandridge Golf Course. Funds are budgeted for the Landfill in Account #411-217-534-066.42. Funds for Sandridge Golf Course are in Account #418-000-166-002.00. 6 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously authorized the purchase of two additional pickup trucks from the State Contract for the Landfill Department and Sandridge Golf Course, as recommended by staff. H. IRC Bid #326 - One (1) New Turf Utility Vehicle The Board reviewed the following memo dated 2/13/87: TO: Board of County Commissioners DATE: February 13, 1987 FILE: _ THRU: Joseph A. Baird Director, Budget Office L. S. "Tommy" Thomas ��UBJECT: IRC Bid #326 - One (1) New Intergovernmental Coordinator Turf Utility Vehicle FROM: Carol�'oodrich REFERENCES: Purchasing Department Manager Description and Conditions Bids were received December 18, 1986 for IRC ##326 - One (1) New Turf Utility Vehicle for Sandridge Golf Course. 8 Bid Proposals were sent out, 3 Bids were received. Alternatives and Analysis A Cushman 530 Runabout or equal was specified. The Cushman has a 22 HP engine. The 2 lower bids, E -Z -Go and John Deere have 18 HP and 16 HP engines. The Golf Course staff feels the Cushman will best suit the needs of the Golf Course. Also, they have been renting a Cushman Utility Vehicle at a cost of $700.00 per month or $1400.00 total, which will be waived if tha bid is awarded for the Cushman. (Letter attached) Recommendation and Funding Golf Course staff is requesting the Board's permission to purchase the Cushman.Vehicle from DeBra Turf Equipment for a total of $9313.00. Funds available in Account ##418-000-166-002.00. 7 BOOK �0 FEB 4 1987 BOOK 6 7 F,.,Gr3 8 3 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously authorized the purchase of a Cushman 530 Runabout from Debra Turf Equipment at a total cost of $9,313. BOARD OF COUNTY COMMISSIONERS 1840 25th Street " Vero Beach, Florida 32960 Fc w � •Q.. Qac �C BID TABULATION BID NO. DATE OF OPENINGAZ IRC #326 Dec. 18, 1986 o1z y BID TITLE One (1) New Turf Utility Vehicle so 4 ITEM NO. DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT 1. .One (1) New Turf Utility Vehicle NB Cushma E -Z -Go John)eera Cushman Model 530 Runabout or Equal 1 Each 2 One (1) Fiberglass Tank Soraver Lark Model 7901 or equal I Each NB 27AL 27A 00 2245 00 NB 2098 00 TOTAL 9313 00 7995 00 8687 00 8 P 16HP I. IRC Bid #335 __One (1) New 1987 12-14 Yd. Dump Truck The Board reviewed the following memo dated 2/13/87: TO:- Board of County Commissioners DATE: February 13, 1987 FILE: THRU: Joseph A. Baird Director, Budget Off ic James W. Davis SUBJECT: IRC Bid #335 -. One W New 1987 Public Works Director 12-14 yd. Dump Truck • '' �rrG�.e.l� FROM: Carolyn REFERENCES. Purchasing Department Manager Description and Conditions Bids were received January 22, 1987 for IRC 0335 - One (1) New 1987 12-14 yd. Dump Truck for the Road 8 Bridge Department. 19 Bids were sent out, 5 Bids were received. 8 Alternatives and Analvsis The low bid was submitted by General GMC, West Palm Beach, Fl., in. the amount of $34,495.00. The Bid meets specifications. We have received a letter from Fred Mensing, Sebastian, F1. stating he was not bidding this truck because he feels the specifications written were for inferior pieces of equipment. However, Fleet Management, Public Works and Purchasing have reviewed the bids and feel the low bid is adequate for the County's needs. Memos are attached from Jack McCorkle and Albert VanAuken Recommendation and Funding Staff recommends IRC #335 be awarded to the low -bidder, General GMC. Funds are budgeted in Account #111-214-.541-066.42. Chairman Scurlock expressed concern about the utilization of vehicles and equipment, as it seemed to him that we keep buying additional dump trucks and he wanted to be sure that we don't overbuy, especially when we are spending $30,000-$40,000 for one vehicle. He felt we should take a hard look at the scheduling of the existing equipment. Public Works Director Jim Davis advised that they have 10 dump trucks and try to utilize the smaller trucks for drainage ditch maintenance, etc., while using the 12-14 yard trucks to carry fill for road projects and other operations. He reported that they have not added any new vehicles to the fleet; these are replacements. Commissioner Eggert asked if we are losing money in the long run because we are not looking at a higher level of equipment than what we are purchasing, and Sonny Dean, Director of General Services, explained that it is hard to justify the initial amount whenever you step up into very expensive equipment like the Mack or the Reo. It just is not cost effective. 9 BOOK 7 rvA- 84 FEB 2 1937 r FEB 241, `VW BOOK 6 1 F,AIjE 38, 5 Commissioner Eggert emphasized that she has been hearing maintenance complaints from the people who are using the equipment, and Director Dean felt that we have been busy repairing when we should have been replacing. Director Davis advised that they try to maintain some versatility in the equipment. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously awarded IRC Bid #335 in the amount of $34,495 to the low bidder, General GMC, West Palm Beach, for (1) new 1987 12-14 yd. dump truck, as recommended by staff. BOARD OF COUNTY COMMISSIONERS 1040 25th Slr°ot Vero Beach, Florldi 32960 BID TABULATION ,t, f• •tea' �' � u r ! f�. • �w yip a IT ,R, b° ^+,� �J" F iv Q O Q Q/ ti N O O �� p� !•7 y a� 4 ro tih 4~ 4 ,b �� m' 0 o� c�°� �` �,��'� y 4�oti «ro a, n4�: 4:`m co BID NO. IRC Bid 335 DATE OF OPENING Jan 22 1987 BID TITLE One (1) New 1987 12-14 yd. .DumpTruck ITEM N O. DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT 1. One (1) New 1987 12-14 yd. Dump NB 4 46298 00 44184 00 IIB 43045 00 1113 Truck 1 Ea. r Less Trade-in - Veh. #110 T1978 Ford 10--12-yd.-Dumn ruck 8521 00 8000 00 6500 00 9000 00 8000 00 Total 34495 00 37489 68 39798 00 35184 00 35045 00 2. Days required for delivery after receipt of Purchase Order Days 60-12 95-14 90 120-350 I P J. IRC Bid #336 - One (1) New 1987 Flatbed Dump Truck The Board reviewed the following memo dated 2/13/87: 10 TO: Board of County Commissioners s DATE: February 13, 19.87 FILE: - THRU: Joseph A. Baird Director, Budget Off e James W. Davis SUBJECT: IRC Bid #336 -..One Cl) New Public Works Direct r 1987 Flatbed Dump Truck FROM: Carob Goodrich REFERENCES: Purchasing Department Manager Description and Conditions Bids were received January 22, 1987 for* IRC #336 -. One. (;,1) Newl*1987 Flatbed Dump Truck for the Road 6 Bridge Department, 19 Bids were sent out, 5 Bids were received. - Alternatives and Analysis The low bid was submitted by Ross Chevrolet, Inc., St Petersburg, Fl., in the amount of $191760.00. The bid meets-specifications.— We eets specifications.. We have received a letter from Fred Mensing, Sebastian, F1. stating he was not bidding this truck because he feels the specifications written were for inferior pieces of equipment. However, Fleet Management, Public Works and Purchasing have reviewed the bids and feel the low bid is adequate for the County's needs. Memos are attached from Jack McCorkle and Albert VanAuken. Recommendation and Funding - Staff recommends IRC #336 be awarded to the low bidder, Ross Chevrolet. Funds are budgeted in Account #111-214-541-066.42. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously awarded IRC Bid #336 in the amount of $19,760 to the low bidder, Ross Chevrolet, St. Petersburg, for (1) new flatbed dump truck, as recommended by staff. 11 FEB 24- 1987 BOOK 67 V,�, % r BOOK 6 387 BOARD OF COUNTY COMMISSIONERS 1840 25th Street o� u Vero Beach, Florida 32960 0� a.F' 4 k~ k~ d ao BID TABULATION -r C, u ,�; 04 �" k� y �v S4 ~fio" BID NO. DATE OF OPENING v b" ti obro� y c e IRC Bid #336 Jan. 22 1987 oti �� y y y `y BID TITLE One (1) New 1987 �c " a q�F° � � o�w� y CO Flatbet Dump Truck �� '4' ITEM DESCRIPTION NO. UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT F 1. One (1) New 1987 Flatbed Dump Truck 1 Ea. NB 23481 00 23831 48 25481 00 24936 00 22260 00 Less Trade-in - Veh. #47 - 1977 Dodge Flatbed Dump Truck 2805 00 2500 00 1500,00 1200 00 2500 00 Total 20676 00 21331 4B 23981 00 23736 00 19760 00 2. Das required for delivery aftpr receipt of Purchase ORder Das 60-12 95-14 90-12 90-12 K. IRC Bid #341- Road Striping -Centerlines The Board reviewed the following memo dated 2/16/87: TO: Board of County Commissioners DATE: Feb. 16, 1987 FILE: - - THRU: Joseph A. Baird SUBJECT: IRC BID #341 -Road Striping - Director, Budget ROffce Centerlines FROM: �� REFERENCES: Carolyn ffoodrich, Manager Purchasing Department 1. Description and Conditions Bids were received Wednesday, February 11, 1987 at 2P.M., for IRC #341 -Road Striping -Centerlines for the.Traffic Engineering Department. 9 Bid Proposals were sent out; 6 Bids were received. 12 I 2. Alternatives and Analysis The low bid was submitted'by Premier Striping, Naples, Florida, in the amount of $8607.45. Premier Striping was awarded the last 2 striping bids and has provided good service. Memo from M. Orr is attached. 3. Recommendation and Funding Staff recommends IRC #341 be awarded to the low bidder, Premier Striping in the amount of $8607.45. The cost had been estimated at $10,996.25. Funds are budgeted in Account #111-245-541`035.35• ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously awarded IRC Bid #341 in the amount of $8607.45 to the low bidder, Premier Striping, Naples, for road striping - centerlines, as recommended by staff. BOARD OF COUNTY COMMISSIONERS 1840 25th Street Vero Beach, Florida 32960 BID TABULATION ' i Ccs yF �^ w y° .? �,^ �;; m� •c°ja o V y^ m A. m a �° �mF �' ��,(,- 4 w Lo vol a, =m BID NO. IRC BID #341 DATE OF OPENING Feb. 1 1 1987 BID TITLE OAD-STRIPING-CENTERLINES ITEM DESCRIPTION NO. UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE L Tntal 9213 75 10869 00 12778 75 8607 45 10996 25 1380S 75 Price Per Lineal Foot: 10'-30' Skip 03 028 05 036 o4 05 Solid Yellow 05 076 .05 034 05 07 Double Yellow' 10 152 10 034 10 10 Date to Start Work Anyti e 2 we ks As Fe 3-1-87 _Farlipgt afte Required away 13 B00K 6 7 F$GE 3 S 8 BOOK 67 F',y!JEL3-2 L. Partial Release of ERU's - SR -60 Water and Sewer ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously approved the following Partial Release of Assessment Liens on the SR -60 Water and Sewer Project: J1 ERU each of Water and Sewer; Lynlee Development Pine Creek Condominium, Apt. #201, Milford SR -60 Sewer, Vista Properties 12 ERUs at Golden Corral, and 18 ERUs at Buildings A 6 B (' 1 ERU, Water, Sexton, Lot 30, / Old Sugar Mill Estates, Unit #3 v 1 ERU, Sewer, Realcor, Lot 246-S, Countryside South 1 ERU each, Planned Development Corp. Sixty Oaks: George McCarthy Conway McCardie M. Parks Department Capital Outlay Budget - Fiscal Year 86/87 The Board reviewed the following memo dated 2/17/87: TO: The Honorable Members of the DATE: February 17, 1987 FILE: Board of County Conmiissioners THROUGH: Charles Balczun, County Administrator SUBJECT: Parks Department Capital Outlay Budget - Fiscal Year 86/87 FROM: James W Davis, P.E., REFERENCES: Public Works Director DESCRIPTION AND CONDITIONS The Parks Department has the following funds available for Capital Projects: 0 Gifford Park -Lighting (FY85/86 budget) _ $ 49,000 Fund 001-210 (Parks Budget -Capital) 99,000 Park Trust Fund Budget -Current Balance 102,619 Park Trust Fund Anticipated Revenue (Orchid Isle Contributions) 52,500 FIND Grant (Approved) 40,000 DNR Boating Improvement Program (uno=nitted) 70,000 Tree Protection Fund 21,000 $ 434,119 14 � r The following projects have been approved for construction by the Parks and Recreation Ctzrmittee: Dale wimbrow Park Restrocros $ 18,000 Earman Park Improvements- 80,000 Professional Service -- South South County'Regional Park Conceptual Plan/ Park User Fee Study/Fairgrounds Master Plan 26,678 Wabasso Causeway Improvements 5,000 Gifford Park'Ballfield Lighting 49,000 $ 178,678 Available revenues less ccamitted expenditures = $255,441. Of this figure, approximately $50,000 can only be- used for tree planting or boating improvement. The excess $200,441 is uncommitted. Also, the anticipated Tourist Tax Revenue is projected to generate $200,000 for Golden Sands Park improvements if approved by the voters. With this revenue stream possible, the County Public Works staff and the Parks and Recreation Committee recommends proceeding now with the preparation of Architectural/Engineering design plans and specifications - for construction Golden Sands Beach Park Phase I and the proposed South County Regional Park (Phase I). RECOMMENDATION AND FUNDING It is recannended that staff be authorized to negotiate a Supplemental Agreement with Mayes, Suthard, and Etheredge, Inc., Orlando, F1. for preparation construction plans and specifications for Golden Sands Park and the South County Regional Park. Funding to be from FY 86/87 Parks Budget - Capital Outlay and Park Trust Fund Account. Commissioner Eggert assumed that when we are talking about using money for the South County Regional Park, we are referring to the property off of Oslo Road that we are considering purchasing, but pointed out that perhaps we would decide not to purchase that property. She wished to know how we are paying for the work being done by Mayes, Sudderth, Etheredge. Commissioner Bird, Chairman of the Parks & Recreation Committee, explained that they have been authorized to do a preliminary conceptual plan of the parks as to what would go in there and what size property is needed, and that money was already allocated at budget time under Parks S Recreation. Commissioner Eggert felt that the memo reads as if they are asking for it again, and Public Works Director Davis explained that they are asking for approval to go from the conceptual design and program development into an actual design with contract documents, working drawings, and authorization to go out for bids. Director Davis expected the capital design to be ready 15 BOOK 67 390 r - FEB 2'4 1987 BOOR b f'1. E 39, sometime this week, but did not feel they would be negotiating anything until after the Board approved the conceptual design. Commissioner Bird felt we are ready to do that on Golden Sands, but agreed that it is premature for the South County Regional Park. He suggested that we give approval today to take that step once the property is acquired. ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously approved staff's recommendation subject to the land being purchased for the South County Regional Park. Commissioner Bowman questioned the $80,000 funds for the Earman Park Improvements, and Director Davis advised that the $40,000 matching funds would be coming trom the FIND grant, but they are not sure that they will be spending all of the $80,000. The improvements include some boat docks, nature trails, picnic shelters, etc. The big question now is how to handle restroom facilities, as there is no electricity on the island. We might have to put some portable toilets over there, but that would mean a weekly maintenance problem. How that problem is solved depends on whether we spend $80,000 or $50,000. One option is to run electricity to the island, but that might not be economically feasible. Commissioner Bowman just felt it was a lot of money, and wanted to be sure where it is coming from and how it is to be spent. She wished to know what they have decided to do before they go ahead with building the nature trails. N. Acceptance of Two Drainage Easements East of Old Dixie Highway South of 1st Street S.W. The Board reviewed the following memo dated 2/11/87: TO: The Honorable Members of the DATE: February 11, 1987 FILE: - Board of. County Commissioners THROUGH: Charles Balczun, County Administrator SUBJECT: Acceptance of Two Drainage Easements East of Old Dixie Highway South of 1st Street S.W. FROM: REFERENCES: James W. Davis, P.E.,. Dean Luethje, Carter & Aihl i n G?nrka Pira tnr aCz CZQQ and James Smith dated February 15, 1987 DESCRIPTION AND CONDITIONS Mr. Ed Schlitt, developer, is preparing plat drawings to subdivide a large tract of land east of Old Dixie Hwy. , south of 1st Street. Since a legal Positive outfall does not exist in this area, Mr. Schlitt, acting through his engineer (Carter Associates), has acquired drainage easements to connect his property to existing storm sewers beneath the FEC Railroad. At this time, he is requesting that the County accept the dedication of these easements and the maintenance of a future drainage system that he will construct. ALTERNATIVES AMID ANALYSIS Staff concurs that a drainage system is needed in this area to serve many parcels both to the north and south. County acceptance to maintain the future drainage system would assure that the system functions properly. PECONAENDATIONS AND FUNDING - Staff recommends acceptance of these easement. No funding is necessary. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously accepted two drainage easements east of Old Dixie Highway south of 1st Street S.W., as recommended by staff. 0. Substantial Completion_- Indian River County Jail, Phase I The Board reviewed the following memo dated 2/12/87: FEB 24 1987 17 BOOK. F'9GE Fir- FEB 24 1987 1 BOOK 67 9J r®: The Honorable Members ®��-�: February 12, 1987 FILE: of the Board of County Commissioners THRU: Charles P. Balczun SUBJECT: - County Administrator Indian River County Jail Project - Phase I; Substantial Completion H. T. FROM: Direc REFERENCES: General Conditions General Sery ces of the Contract for • Construction Substantial Completion is defined in Article 8.1.3 of the General Conditions of the Contract for Construction as, "the Date certified by the Architect when construction is sufficiently complete, in accordance with the Contract Documents, so the Owner can occupy or utilize the work or designated portion thereof for the use for which it is intended." The first Certificate of Substantial Completion was submitted in December. Staff did not agree with the Architect, and after meeting with all parties involved, that submittal was voided. The Architect has determined, on the basis of an inspection, that the -project is substantially complete as per the contract documents, and issued the Certificate along with applicable "punch -list" items. The Contractor has twenty-eight (28) days to complete that list. Commissioner Bird was concerned about the amount of paper used to copy the architect's punch list that is included in today's backup material. He felt it would have been sufficient to have one copy of the punch list put on file in the Commission Office. General Services Director Sonny Dean confirmed that the punch list has been completed, except for one sign. Chairman Scurlock understood that the only remaining items are the switches and the acoustical problem, but Director Dean emphasized that those items are design problems, not contractor problems. The Certificate of Occupancy has not been issued as yet, but the inspection was scheduled for yesterday. Chairman Scurlock asked what documentation we have from the Architect on those two design problems, because when we met with 18 them they indicated that both problems would be resolved at their expense. Director Dean advised that he has a couple of letters from the Architect plus a record of phone calls and conversations that took place between the Architect and himself. He also had a copv of the letter he wrote to the Architect's project representative outlining the conversation that he and Chairman Scurlock had with Pat Carroll, President of Frizzell Architects. Commissioner Eggert asked how the rusted mirrors and stairwells were taken care of, and Director Dean explained that the mirrors were replaced and the stairwells were refinished after the rust was removed. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously accepted the Certificate of Substantial Completion issued by Frizzell Architects on the construction of Phase I of the Indian River County Jail. CERTIFICATE IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD P. Approval of $1000_ purchase_ for Supervisor_ of Elections The Board reviewed the following memo dated 2/18/87: 19 f BOOK 67 rAGF ".3. FEB 2 4 1987 00. �R Of E BOOK 67 f,,{ t 39 ANN ROBINSON SUPERVISOR OF ELECTIONS:'-,�`i`;, 1840 25TH STREET, SUITE N-109 VERO BEACH, FLORIDA 32960-3394 TELEPHONES: (305) 567-8187 or 567-8000 MIN February 18, 1987 TO: Don. C. Scurlock, Jr., Chairman, BCC FROM: Ann Robinson, Supervisor of Elections RE: BCC agenda item There is $1000 is the elections office furniture and equipment account from the sale of some of the old voting machines. The BCC approved the purchase of two used Precinct Ballot Counters with the $1000. We tried three sets of two used PBCs but none worked satisfactorily$ and we have given up on finding good ones. We purchased a Schwab 4 -drawer legal fire -safe file to use with the one we already had so that the absent.ee ballots can be stored in a safe place as required by law. The file cost $629.89. Please approve our use of the $1000 for purchase of the file and for the purchase of additional computer tables for the ballot tabulation equipment. Thank you. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously approved the purchase of election material in the amount of $1000, as requested by Supervisor Robinson. SHERIFF'S REQUEST FOR INTERIOR ALTERATIONS OF NEW JAIL The Board reviewed the following memo dated 2/11/87: 20 TO:. The Honorable Meng-- of DATE: February 11, 1987 FILE: the Board of`Coun--` Commissioners THRU: Charles P. ­� czun ` County Adra:=-tratorInterior Alterations of New SUBJECT: Jail as requested by Sheriff-. THRU: Joe. Bard. -ector Dobeck Managem nt 3udget�— FROM: H. T. De REFERENCES: Director GeBeral- Se_ -r -vim The sheriff has ma� -he subject request to accomodate There ��date his Warrants . - n up -stairs room of 1800 square feet which has P appropriate air/con, boning that will require approximately $9,750 of material. Labo--an be performed by Buildings & Grounds personnel. The monies requir&�-- do this project will have to be taken from the requestconstructiongranted. Fd or appropriated by the Board should this request be granted. Sheriff Dobec._,<plained that it will serve for better communication if t':varrants and other records are kept in the new Jail, and under--od that there would not be any expenses involved other thar-ratting up the walls. Commissioner ''-art asked if anything else had been planned for that area, and riff Dobeck explained that it was designated as one -he growth areas, and because his staff has grown approximately- they are ready to move in there. He anticipated that t%, would be moving into the new facility sometime during th(- - rst two weeks in March. Commissioner..rt asked if there were any other areas that the Sheriff antici;-.• -,d needing because of the growth, and the Sheriff advised thi -here is an area north of this space in which to expand, bG ie could not anticipate when that might be. ON MOTIGh -,y Commissioner Eggert, SECONDED by Commissif,­r Bowman, the Board unanimously approved the interior aerations of the new Jail, as requested by Sherif' Dobeck. Commissioner i:,jert asked when the Sheriff expects to go to central dispatch, ,...a Sheriff Dobeck reported that two of the consoles are up ano operational for training purposes. The 21 FEB 24 1987 Boos r F,nE` 96 FEB 24 1987 BOOK 6 7 PA ri E3 97 facility is going to be ready sometime in July or first part of August. They are hoping to be fully operational by January 1st, but he noted that they will be continuing to use the administrative part of the old Jail until sometime in October. Commissioner Eggert pointed out that she has not seen the entire 911 plan that was supposed to have been ready two weeks ago, and Chairman Scurlock advised that Director Baird and the Sheriff are meeting on that capital project this week. Director Baird reported that they will be having their final meeting on Wednesday. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. PUBLIC HEARING - PETITION FOR ABANDONMENT OF RIGHT-OF-WAY BY COASTAL TECHNOLOGY CORPORATION 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 I. 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 ofpgm In the per 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. 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 befor me th. day (Businew Manse ) 22 - "- NabCl-i+otsuc tlQAftlRa—, - NotiOe of tmennp to tomnder a petition for Via cfoslna, abandonment and vacation of Attlee Lafia fyifW east of Seagrape Drive. a" of Lot LINE OF L MerInp at which panes In Interest to shall haus an opportunity to be be held by the Qi of Cwnty Corn. of frndmn rover Countv. Florida In the Admldsbaaan Bu4dlni. bested at 1810 Tbfh Brain. Vero Beach, Flatla, an Tuesday, Fabru- arri afy Aron arhltln may at �mestinp�ww Mad to Insure, mat a wabatbn record of Uro pro e110 end 19 Oban whxan 1M nppaW b the MSU a00 It. Indian Rhwr Canty - - Baud of Cowry ComaUesrorm s By -f -Don C. Swlobk Jr.. Chalmmn Feb. 1, %; TO:The Honorable Membersof DATE: February 4, 1987 FILE: the Board of County Commissioners - DIVISION HEAD CONCURRENCE: PETITION FOR ABANDONMENT Robert M. Kea ing ICP SUBJECT: OF RIGHT -QF -WAY BY COASTAL Planning & Devel6ptnent Director TECHNOLOGY CORPORATION THROUGH: Stan Boling Chief, Current Development�FROM: David C. Nearing REFERENCES: abandonment Staff Planner 4�� DAVEII It is requested that the data presented herein be given formal consideration by the Board of County Commissioners at their regular meeting of February 24, 1987. DESCRIPTION AND LOCATION Coastal Technology Corporation, acting as agent on behalf of Mr. & Mrs. Henry Goosen, has submitted a petition for- abandonment of a portion of Azalea Lane within the Oceanaire Heights Subdivision north of C.R. 510 on the north half of the Barrier Island. The Goosens own three lots located to the north of the right-of-way in question. It is their intention to develop these lots for duplexes. The petitioners believe that abandonment of this section of right-of-way will permit better utilization of the three lots currently intended for development. Per guildelines established by the ..Board of County Commissioners, the petition was reviewed by all County divisions and utility providers having _jurisdiction within the right-of-way. All reviewing agencies have recommended approval of the abandonment. However, the County Road and Bridge Department has requested that a public utility and drainage easement be retained through the center and along the east side of the right-of-way. The peti- tioner has agreed to this request. ANALYSIS: This 70 foot wide unimproved portion of right-of-way is not a part of the roadway -system as noted -on the County Thoroughfare Plan roadway system and is not needed as part of the thoroughfare system. Also, this portion of Azalea Lane dead -ends at the west -property line (rear yard ) of two lots in the Summerplace Subdivision Unit 3. Both of these lots have frontage on another street. Thus the Azalea Lane right-of-way shall never be extended or improved, and is of no further value to the County. RECOMMENDATION: Staff recommends that the County abandon its rights to the 70 foot wide portion of right-of-way with -the exception of the requested drainage and utilities easement, as noted in the attached resolu- tion, and that the Chairman of the Board of County Commissioners be authorized to execute the attached resolution [Attachment #3]. 23 FE 2 1987,gooK ra��g, FEB 24 1987 BOOK 67 pnE399 Planner David Nearing advised that the lots in Summerplace Subdivision are 70 feet wide. Commissioner Bird was concerned about giving away a lot of this size, and wondered if it was a buildable lot. Mr. Nearing explained that piece would not become a lot. By law, once a right-of-way is abandoned, 500 of the right-of-way goes to each adjacent property owner, which is where it was removed from when the plat was created. This is County property, which was given to us for a specific purpose, and since it is no longer deemed necessary for that purpose, it will go back on the tax rolls. Attorney Vitunac explained that our standard procedure is just to abandon whatever county interest there is and let the adjoining property owners or developer fight it out, and if they need quit claim deeds jointly to establish title, that becomes their problem. Otherwise, every time we abandon one, it would mean a title search and perhaps litigation with the property owners. Commissioner Bowman felt that sometimes it would be worth doing a title search, especially when waterfront property is concerned. Attorney Michael O'Haire, although not representing the applicant, wished to point out that the county actually is not giving away anything of value. In 9 cases out of 10 when you have a dedication in a plat, the County does not own this real estate; they simply have an easement for utilities, ingress, egress, etc., and when you lay the easement over the value of that property, it destroys the tax value. The owners of the fee, the adjacent owners, own underneath the easement, and if the county cannot use it for access, then all it is giving up is the right to use it for that specific purpose. Chairman Scurlock asked how it is handled when the County has purchased the right-of-way, and Attorney O'Haire advised that usually you buy the fee. Commissioner Bowman disagreed with Attorney O'Haire about this having no use to the County because she believed open spaces such as this are going to be invaluable as more and more people move in and we start looking like Ft. Lauderdale. Attorney O'Haire agreed that if the County has a legitimate, foreseeable use for this, then it should be retained. Chairman Scurlock opened the Public Hearing and asked if anyone wished to be heard in this matter. Michael Walter of Coastal Technology Corporation, concurred with staff's recommendation, and felt it is in the County's interest for tax generation purposes to have the abutting property owners regain their interest to this pr-operty. He urged the Board's approval of the abandonment. There being no others who wished to be heard in this matter, the Chairman declared the Public Hearing closed. Utilities Director Terry Pinto pointed out that we do not have easement rights down the streets of Oceanaire Heights Subdivision, and suggested that if we give that easement back, we have the owners agree that the County will have a 10 -ft. easement for drainage and utilities. He felt that would be an equitable exchange for abandoning the right-of-way. Chairman Scurlock agreed, because if we were to put utilities in there, it would be out front, not in the back. Mr. Nearing explained that the easement along the rear lot line is a continuation of an easement which runs along all rear lot lines in Oceanaire Heights Subdivision; therefore, that easement is necessary for drainage. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously adopted Resolution 87-21, providing for the closing, abandon- ment, and vacation of a parcel of right-of-way known as Azalea Lane, reserving unto the County an easement for drainage and utility purposes; and specified that the County retain easements for drainage and utilities. 25 FEB 2A 1987 BOOK 67 rvIJE400 FEB 24 1967 BOOK Mr. Walter asked for clarification of the Motion, and it was explained that the easement being required in front of the property is for the purpose of both drainage and utilities. RESOLUTION NO. 87 - 21 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA PROVIDING FOR THE CLOSING, ABANDONMENT, AND VACATION OF A PARCEL OF RIGHT-OF-WAY KNOWN AS AZALEA LANE LYING EAST OF SEAGRAPE DRIVE, SOUTH OF LOT 1, BLOCK F, OCEANAIRE HEIGHTS SUBDIVISION UNIT 2, NORTH OF LOT 9, BLOCK A, OCEANAIRE HEIGHTS SUBDIVISION UNIT 1 AND WEST OF THE WEST LINE OF SUMMERPLACE SUBDIVISION UNIT 3, RESERVING UNTO THE COUNTY AN EASEMENT FOR DRAINAGE AND UTILITY PURPOSES. WHEREAS, on October 24, 1986, the County received a duly executed and documented petition from Coastal Technology Corporation, 800 20th Place, Suite #6, Vero Beach, Florida, requesting the County to close, vacate, abandon, and disclaim any right, title, and interest of the County and the public in and to all that portion of Azalea Lane being within Oceanaire Heights Subdivision, Unit 1, as recorded in plat book 3, page 84, of the Official records of Indian River County; and WHEREAS, in accordance with Florida Statutes §336.10, notice of a public hearing to consider said petition has been duly published; and WHEREAS, after Consideration of the petition, supporting documents, staff investigation and report, and testimony of all those interested and present, the Board finds that said right- of-way is not a state of federal highway, nor located within any municipality, nor is said right-of-way necessary for continuity of the County's street and thoroughfare network, nor access to any given private property. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. All right, title and interest of the County and the public in and to at certain right-of-way being known more particularly described as: All that portion of road right-of-way known as Azalea Lane lying east of the east right-of-way of Seagrape Drive and the west boundary of Summerplace Unit 3, as shown on a plat entitled "Oceanaire Heights Unit No. 1," recorded in Plat Book 3, Page 84 of the Public Records of Indian River County, Florida, is hereby forever closed, abandoned, vacated, surrendered, dis- continued, remised and released with the exception that drainage and utility easements on and over a 10 foot strip along the east line of Oceanaire Heights Unit 1 running the full width (70') of Azalea Lane, and over the west 10 feet of the aforementioned parcel lying perpendicular to the east right-of-way line of Sea Grape Drive running the full width (701) of Azalea Lane, for a public utility and drainage easement; also EXCEPT a 10 foot easement lying 5 feet on either side of the existing centerline of Azalea Lane, running from the east right-of-way line of Seagrape Drive to the west line of the aforementioned easement of the parcel described above is hereby reserved in perpetuity unto the County and the public and shall not be deemed to have been closed or abandoned in any by this resolution. 26 2. Notice, of the adoption of this resolution shall be forthwith published once within thirty (30) days from the date of adoption hereof; and 3. The Clerk is hereby directed to record this resolution together with the proofs of publication required by Florida Statutes §336.10 in the Official Record Books of Indian River County without undue delay. The foregoing resolution was offered by Commissioner Eaaert 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 K. Eggert Aye Commissioner Gary C. Wheeler Aye The Chairman thereupon declared the resolution duly passed and adopted this 24th day of February , 1987. BOARD OF COUNTY COMMISSIONERS OF IND NRIVER UNT , ORIDA BY: C Don C. Sc rlock, r ATTEST: Freda Wright, C1 State of Florida �J County of Indian River G' I HEREBY CERTIFY that on this day, before me/ledgements, officer duly authorized in this State and County to take ackn personally appeared DON C. SCURLOCK, JR. and FREDA WRIGHT, as Chairman of the Board of County Commissioners and Clerk, respectively, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand aa!q officia eal in the County and State last aforesaid this day of _ A.D., 1987. No rX Pub F�LDRiDA NO Y Pl. LIC STATE 0 NY CONRISS10f) E.P. JULY 8,1999 I30tgirn TURU GCNFRAL IHS. URD. APPROVED AS TO FORM APPROVED AS TO PLANNING AND LEGAL SUFFICIENCY MATTERS BY:�NI2L____2 - Charles Vitunac Robert M. Keat ng, irector County Attorney Planning & DeV lojnment FEB27 BOOK 67 FvH 4042 FEB 2.4'198 BOOK .. 67 F�iu 403 DISCUSSION REGARDING RESIDENTIAL STORMWATER DRAINAGE - REQUEST BY TILLIE MESEC The Board reviewed the following memo dated 2/18/87: TO: The Honorable Members of the DATE: February 18, 1987 FILE: Board of County Commissioners THROUGH: Charles P. Balczun, County Administrator SUBJECT: Mrs. Tillie Mesec Complaint - West Roseland Watershed Area FROM: James W. Davis P. REFERENCES: Public Works Director Mrs. Tille Mesec has asked to appear before the Board to discuss a drainage complaint. During July, 1982, flooding occurred through the Mesec proper- ty. That was a year when rainfall was abnormally high (76"). There has been no recurrence since then of that magnitude. _ Staff recommends that since only a few property owners are involved in this request, a solution should be implemented when - the upstream property develops in the City of Sebastian. This property should retain its on-site runoff and a legal positive outfall then be required by Sebastian. Mrs. Mesec thanked the Board for affording her the opportunity to appear here this morning, and asked for the Board's help with regard to water run-off. She explained that two new homes have been built west of her residence on 2-1/2 acres of property she formerly owned. Because of the new requirements in the Stormwater Management Ordinance, these homes are built very high and water is running off of these properties into her property. Mrs. Mesec did not teel that one house has complied with Ordinance 86-36 because the swale is inadequate to handle the runoff water. She emphasized that this area in Roseland is a watershed area with intermittent ponds and low lands where water runs continuously. Commissioner Bird understood that the issue is whether the swale ditch is adequate in terms of Ordinance 86-36, but 28 Commissioner Eggert understood that the swale had been deepened in the last few months. Mrs. Mesec pointed out that if it had been deepened, it still had not been adequate to handle the flow of water from the heavy rainfall during the holidays. Director Davis advised that staff feels that the swale between the properties is adequate. It does meet the definition of a swale as established by the DER. A topographical survey shows that the Swale is there and will do the job unless we have a situation like we had in 1982 when we had over 70" inches of rainfall. Chairman Scurlock asked how deep it would have to be to handle that situation, and Director Davis said that he did not think the Board would want it that deep. He felt the solution would be to manage the upstream properties in Sebastian, but staff has not been able to reach the owner, Mr. Alexander Boehm, by letter or telephone. Staff has discussed this problem with several officials of the City of Sebastian, but understand that Mr. Boehm does not have any plans to develop the property at this time. Mrs. Mesec advised that she has the address and telephone number of the attorney representing the owner of that property. Commissioner Bowman agreed that the problem is the sheet flow coming in from the City of Sebastian and felt that if that problem were alleviated, these people would not have any problems. Commissioner Bird pointed out that in the meantime Mrs. Mesec and others have chosen to develop their homes in the middle of a sheet flow situation, and he did not know if the Board had the ability to go back and correct those problems. Chairman Scurlock understood that the swales can be dug deeper if Mrs. Mesec wishes to pay for it. Mrs. Mesec felt it was the contractor's responsibility, but Director Davis pointed out that the contractor has satisfied the 29 BOOK 67 0 FEB 2;4 1987 r FEB 24 1987 h. BOOK F Fr`.uE 05 requirements and anything further would be at Mrs. Mesec's expense. Bill Meager of Engineering showed a video tape of the area, and Commissioner Eggert -asked if the grass that was planted in the swale made the drainage less effective. Director Davis felt it had to some extent, but pointed out that if grass is not planted, it creates an erosion problem. Mrs. Mesec believed that staff favors the developer or contractor in situations where there is a question of compliance with the requirements of the ordinance, and Mr. Meager still maintained that the contractor has taken every precaution to meet these measures. Director Davis assured Mrs. Mesec that staff has been watching that area and when it is developed, the County will make every effort to assist the City of Sebastian in solving the problem. ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously accepted staff's evaluation that the existing drainage that has been created meets the requirements of Ordinance 86-36 as written; and instructed staff to continue working with the City of Sebastian and the upland property owner to try to accomplish a better system that would have less impact on Mrs. Mesec's property in the future. Mrs. Mesec thanked the Commissioners for allowing her the privilege of being heard today. PUBLIC HEARING - FUCHS BAKING CO. REQUEST TO REZONE .76 ACRES FROM GENERAL COMMERCIAL TO HEAVY COMMERCIAL 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: 30 VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian RiverCounty, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personallyappearedJ. 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 inthe matter of O G in the Court, was pub- lished in said newspaper in the issues of 4V 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, F!orida 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, commissionorrefund for the purpose of securing this adver- tisement for publication in the said newspaper. - - Sworn to and subscribed before me thisday of.� A.D._P L �BuAK h ass Ma) 'perp Hill'.-�����,� 400ce of heanng to, Consider fhs;;;;Pb n of ry ormnaede reming land Mom: Co. Count= al CmnmarCIO owi ict, to CH. Heavy Comp WWII, DWrICL The property is preeentiy owned May Budin and is located north of -21st neat S.W. and EEasspteoff Old DlIIte Hwy. sout"dTRACT*'CC' OF VEROO BEACH IGH- LANDS PLAT THEREOF REDEDDIOPTPL' RECORDS OF AINDI .1 COUNTY. FLORIDA A pulsto hearpg et whlph parties m Intend, w �,e..e. vna9 nave an opportunity to tie heard, will be held by me uoarc w -IF ­ mtesterm 01 Imilan County C ambers of the Florida in Admmletration Buiidmg, located at 1840 25 Street Vero Beach. Florlda, an Tuesday. FBDtu- ary 24.1987. et 8:05 a.m. Anyone who may wish to appeal any dedalon which may be made at this 11166"1w9l need to endure that a verbatim record of the PrdaeBOmgs is made, which btdWdee the 1811tooll0M and 60n denpe upon which the appeal to based. - n Indian River County Bond of County Commissioners ep*4)on C. Seudock. Jr., Chairman Feb. 4. 1087 r The Board reviewed the following memo dated 1/13/87: TO: The Honorable Members DATE: January 13, 1987 FILE: of the Board of County _ Commissioners DIVISION HEAD CONCURRENCE: SUBJECT: FUCHS BAKING COMPANY Robert M. Keati , AI&P REQUEST TO REZONE .76 Planning & Deve opment Director ACRES FROM CG, GENERAL COMMERCIAL DISTRICT, TO CH, HEAVY COMMERCIAL DISTRICT FROM:Richard�M. shearer, REFERENCES' Chief, Long -Range Planning It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of February 24, 1987. DESCRIPTION & CONDITIONS Fuchs Baking Company, an agent for Mary Berlin, the owner, is requesting to rezone approximately .76 acres located on the east side of Old Dixie Highway and the south side of Highland Drive from CG, General Commercial District, to CH, Heavy Commercial District. 31 FEB2 4 1987 BOOK r SEB 2 4 BOOK b I FSC:. �_J The applicant proposes to develop this site for a bakery distribution center with accessory retail sales of day-old bread. On January 8, 1987, the Planning -and Zoning Commission voted 5 -to -0 to recommend approval.of this request. ALTERNATIVES & ANALYSIS In this section, an analysis of the reasonableness of the appli- cation will be presented. The analysis will include a descrip- tion of the current and future land uses of the site and sur- rounding areas, potential impacts on- the transportation and utility systems, and any significant adverse impacts on environ- mental quality. Existing Land Use Pattern The subject property and the land south of it is undeveloped. North of the subject property is a convenience store and the Vero _--Highlands Welcome Center zoned CG. Further north, is a -contractors trade building zoned CH. East of the subject property, across the F.E.C. Railroad, is a vacant lot zoned CG and a service station zoned CH. West of the subject property, across Old Dixie Highway, are single-family residences zoned RS -6, Single -Family Residential District. Future Land Use Pattern The Comprehensive Plan designates the subject property and all of the land around it as part of the U.S. 1 MXD, Mixed -Use District (up to 6 units/acre). Further west, 300 feet west of Old Dixie Highway, the land is designated as LD -2, Low -Density Residential 2 (up to 6 units/acre). The proposed CH zoning is in conformance with the MXD land use designation and is consistent with the existing CH zoning to the south. Transportation Svstem The subject property has frontage on 20th Place S.E. (Highland Drive S.E.) and Old Dixie Highway (both classified as secondary collector streets on the Thoroughfare Plan). The maximum development of the subject property under the proposed CH zoning could generate up to 71 average annual daily trips. Environment The subject property is not designated as environmentally sensitive nor is it in a flood -prone area. Utilities There is a County watermain located on the west side of Old Dixie Highway north of 20th place. County, wastewater facilities are not available. RECOMMENDATION Based on the above analysis, including the Planning and Zoning Commission's recommendation, staff recommends approval. Commissioner Bowman asked if this would create a nuisance for the single family residences to the west across Old Dixie Highway, since there may be Fate night or early morning deliveries. Richard Shearer, Chief of Long -Range Planning, stated that there definitely will be pickups as this will be a distribution center, and while there is no baking on the premises at present, they do have the potential to come back in and request it. Chairman Scurlock opened the Public Hearing and asked if anyone wished to be heard in this matter. There being none, he declared the Public Hearing closed. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Eggert, the Board unanimously adopted Ordinance 87-20, amending the Zoning Ordinance and the Zoning Map for the property described herein. FEB 24 1987 33 BOOK 7 F,� JF 98 FEB 24- 1987 BOOP( 6 7 r,�,uF W) ORDINANCE NO. 87-20 AN ORDINANCE OF INDIA', RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE A.vD-THE ACCOMPANYING ZONING MAP FOR THE PROPERTY DESC_.IBED HEREIN, AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, The Planning and Zoning Commission, sitting as the local planning agency on such matters, has held a public hzrar1ng - ----- and subsequently made a recommendation regarding this rezoning request; and WHEREAS, The Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property; and WHEREAS, The Board of County Commissioners has determined that this rezoning is in conformance with the Land Use Element of the Comprehensive Plan of Indian River County; and WHEREAS, The Board of County Commissioners has held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian River County, Florida, that the Zoning of the following described property situated in Indian River County, Florida, to -wit: TRACT "C" OF VERO BEACH HIGHLANDS UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5 AT PAGE 29 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. Be changed from CG, General Commercial District, to CH, Heavy Commercial District. All with the meaning and intent and as set forth and described in said Zoning Regulations. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this 24th day of February 1987, BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By G Don C. Scurlock, Jr. L.Ofairman ATTEST BY: FREDA RIGHT, C1 k a. '. PUBLIC HEARING -.`COUNTY-INITIATED REQUEST TO REZONE '175 ACRES FROM A-1, RM -6 -AND RMH-6, TO ROSE -4 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 w r -j HOTIC! — PUBLIC HURM rtd0ea of taarIng Initkiled W Indian rim County to eorMdar iM adopil0rt of •County or. dinarres nronnp krrd from Mt. Atpku a �� Dlatrict, RM E. 1111=•Famoq Rwd�nwl Ws. bbl. and RUN4. Moab HOeM ResrorntW Dla• hb4 �umgROSE-o4. loaeWM III- 90 laDIMbt. � ({Gran 8ylraryfsa d UN locided SM A Iral�ue (Ester ebaa). TMTM euDlact lxoparly to descnbM p' 21 enu 37. Inclutiw, A A Berry's SubO tonof Seve 21 Of 1M FlarMnp Grad, revised Iron C.'a Survey. aa• COUNTY OF INDIAN RIVER: oor to Wa thereof recorded in Rat STATE OF FLORIDA puttgo raomda of BL r• Luc* ° lunla, Flrlda; fund Before the undersigned authority personally appeared J. J. Schumann, )r: who on oath caro now .1 -, tyh0 and or tnWan Rhar Cam1y, ;. FLots bdpC says that he is Business Manager of the Vero Beach Press•Journal, a weekly newspaper published t Ow 8, MdwM NaWlubh Aom ' at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being SubdlvisIM according to the plat thereof recorded In Plot gook 10. peps 30.pjbft records of Indian River Coin. ' a 1714 IOvthe �dellSu b E� ie ni corded in Rot gook e. page 66, public in the matter of records Of lydlan River County. Florida: Lots 1 lhru 13, Inclusive. and Tract A. Gervala Subdlvhton, according to the ` Plat thewf recorded In Plot Book 9. page 33, oubio records of Ifdlen River Florida Lomb I t u l l Indusive, Roseland Laka No. 1 BubdHWOn, adCrdIng to to plat - In the Court, was pub• nrraw raeade0 In PIM Book 7, page 92. doodle re0rda d Indian River Cover H c ry. onda: Lob 1 t ni 12, Inclusive, Roseland Lake fished in said newspaper in the issues of DO / No. 2 Subdivision. according t0 me plat t ersol ta0ardad In Plot Book 7, papa t. 63, pubic terArW at Millin Raver Carr . " ty, Fiords: .- leb t Nru 7, Inclusive, tdb 10 rd 11. loft 14 tiu 17. Inclusive, and lob 27 and 28, FlenIng Orro Sectirn 30, aecordng Affiant further says that the said Vero Beach Press -Journal is a newspaper published at to Wet thereof recorded In Rat Book 1, Vero Beach, in said Indian River County, and that the said newspaper has heretofore Pose 72, Public d land ds sit IngBriand Florida; said Tend row lying and been continuously published in said Indian River County, Florida, weekly and has been entered = Ie River Courcy, as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida A putNkl hearing a which parties In Into ties in. fora period of one year next preceeding the first publication of the attached copy of adver- and eltlxrro etuW torts an opportunity to De be tiserrent; and affiant further says that he has neither paid nor promised any person, firm or heard, will be hero M the Board of County Com- any discount, rebate, commission or refund for the purpose of securing this adver- mlesMrtrs of Indian Rivercorporation inn, Comm on Chambers County. in the f the Courty tisement for publication in the said newspaper. Adminlatra8an Building, knoeted M 1840 28th Street. Vero Such, Florida, on Tuesday, Febru- ary 24, 1987, at M a.m. Sworn to and subscribed I fore a thi ay f 'A. D. The dry my �� may rw (• , ' /•. / - _ _ � e maythn In aPPer am dadsbn which may be made a lhla meebrw vn8 need to c. 30urldek. Jr., Feb. 4.%170= The Board reviewed the following memo dated 2/13/87: TO: The Honorable Members ®ATE: February 13, 1987 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: SUBJECT: COUNTY -INITIATED REQUEST Robert X. Keatig, AI P TO REZONE 175 ACRES FROM Planning & Developme t Director A-1, RM -6 AND RMH-6, TO ROSE -4 FROM: FM Richard M. Shearer, REFERENCES: Chief, Long -Range Planning It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of February 24, 1987. 35 BOOK 6F� F'& E 410 FEB 24 198'i' BOOK 67 P4;F 411 DESCRIPTION & CONDITIONS The County is initiating a request to rezone -approximately 175 acres located south of 130th Street -(Gibson Street) and east of 80th Avenue (Estes Street) in Roseland from A-1, Agricultural District (up to .2 units/acre), RM -6, Multiple -Family Residential District (up to 6 units/acre), and RMH-6, Mobile Home Residential District (up to 6 units/acre), to ROSE -4, Roseland Residential District (up to 4 units/acre). On November 18, 1986, the Board of County Commissioners adopted the ROSE -4 district. The. ROSE -4• district was specifically designed for that part of Roseland that has traditionally contained a mix of single-family dwellings and mobile homes. On January 8, 1987, the Planning and Zoning Commission voted 5 -to -0 to recommend approval of rezoning all 175 acres. On February 12, .1987, the Planning -and Zoning Commission discussed the five -acre cemetary property which is included in this rezoning request. After conducting considerable research, the staff has determined that there are probably bodies buried in this cemetary. The Planning and Zoning Commission indicated that the Board should be aware of this when they consider this rezoning. ALTERNATIVES & ANALYSIS in this section, an analysis of the reasonableness of the appli- cation will be presented. The analysis will include a descrip- tion of the current and future land uses of the site and sur- rounding areas, potential impacts on the transportation and -utility systems, and any significant adverse impacts on environ- mental quality. Existing Land Use Pattern The subject property consists of approximately 110 mobile homes, seven single-family dwellings, and vacant land. North of the subject property, across Gibson Street, is a garbage transfer station, VICO aluminum, a mobile home, a mini -storage facility and vacant land zoned IL, Light Industrial District, in the unincorporated part of the County, and a warehouse and vacant land in the City of Sebastian. East and south of the subject property is undeveloped property in the City of Sebastian. West of the subject property, across 80th Avenue, are single-family dwellings and vacant lots zoned RS -3, Single -Family Residential District. Future Land Use Pattern The Comprehensive Plan designates the subject property as MD -1, Medium -Density Residential 1 (up to 8 units/acre). The land north of the subject property is designated as part of the 15 acre Gibson Street Industrial Node. The land south and east of the subject property is in the City of Sebastian. The land west of the subject property is designated as LD -1, Low -Density Residential .1 (up to 3 units/acre). The subject property contains a large area that was under review. when the ROSE -4 district was originally proposed. Throughout the discussion and adoption of the ROSE -4 district, the general consensus of opinion was that it should only be utilized in areas that already contained a mixture of single-family houses and mobile homes and should not be allowed to expand beyond that �_�area. For this reason, the staff has-prepared.an alternative to. rezoning this: entire 175 acre area to ROSE -4. The staff's alternative (attachment #3) would rezone only the area that - contains a mixture of single-family houses and mobile homes and would not include the large tracts of undeveloped land in this area. Transportation System The subject*property has direct access to a large number of local streets as well as Gibson Street (classified .as a secondary collector street on the Thoroughfare Plan). Environment The subject property is not designated as environmentally sensitive nor is it in a flood -prone area. Utilities County water and wastewater facilities are not currently available for the subject property. RECOMMENDATION The Planning and Zoning Commission recommended that all 175 acres of the subject property be rezoned to ROSE -4. The staff respects the Planning and Zoning Commission's opinion. However, based on the above analysis, staff recommends that only 100 acres which is outlined in attachment #3 be rezoned from RMH-6 to ROSE -4. Chairman Scurlock understood that the basic difference between staff's recommendation and that of the Planning & Zoning Commission is that the striped areas on the map are to be excluded: 30�t.h:_8 T~ -..... SUBJECT -PROPER—I'll 37 FEB 1987 BOOK 6 �iuc 1 FEB 245, BOOK 67 F,,� 413 Commissioner Bird asked why the P & Z Commission felt so adamant about including the whole area, and Chairman Scurlock felt it was due to pressure at the Public Hearing. Commissioner Wheeler asked how those areas that staff wants to exempt would be accessed, and Richard Shearer, Chief of Long -Range Planning, advised that it would be through the mixed neighborhood. He believed it would be difficult to develop a subdivision back in there when you have to go through a mixed area to get to it. Commissioner Wheeler wondered if there was some way to separate those neighborhoods as far as entrances are concerned, but Mr. Shearer stressed that staff is not recommending that these areas be made RS -3 today; staff is recommending that the striped areas be deleted because it does not have the mixture to the extent the others have. Public Works Director Jim Davis noted that there are mostly unimproved streets in this area, the only paved roads being Lane, Gibson and Josie Streets. Chairman Scurlock opened the Public Hearing and asked if anyone wished to be heard. Attorney Michael O'Haire, representing a number of property owners within the ROSE -4 area, did not feel that this proposed rezoning is very controversial. He felt we have to be realistic because there is industrial on 3 sides of this area. On the north is the garbage dumpm and the airport is on the south. In order to get to the areas that staff has proposed to be excluded, you have to go through what everyone concedes should be ROSE -4, regardless of how ROSE -4 is defined in the next Public Hearing this morning. Attorney O'Haire recommended that the Board rezone the whole thing with the exception of Mr. Sembler's property, if he feels he can Five with Agriculture. Fred Mensing, 7580 129th Street, presented the following request from Mr. Sembler: 38 PHONE: (305) 5894343 (305) 589-5142 #embler and Ojembla, Inc. INDIAN RIVER DRIVE — P. O. BOX 278 SEBASTIAN, FLORIDA 32958 Feb . 20,1987 Board of County Commissioners Indian River County. 1840 25th Ave. Vero Beach, Fla. 32960 PERMIT NO. 116 Dear Commissioners, I wish to support the return to mixed zoning (Homes & Mobile homes) as outlined in your notices, but I must requist that my propertys, Lots 15,16,27 & 28 Section 30 Fleming Grant remain as now zoned. It is my hope that you will allow me this continuation of Agricultural zoning as future plans just being developed will require the A-1 Zoning. As I see it my property being A-1 will not have a negative impact on the use or value of the surroundtng propertys and any plans that I will make in the future will require staff & your Approvals. Sincerely Charles Day Sem State of Florida County of Indian River On 20 February 1987, before me came Charles Day Sembler to me personally known to be the in vidual described in and who executed the foregoing instrument and ackn ledged tFat he executed the same. r / ((/""yn, A4 My Commission expires: Notary, tate of Florida at Large zs ZRAL Ins, Mr. Mensing explained that there is a possibility of Mr. Sembler using his property in conjunction with fishing and Harbor Branch. A few years ago Mr. Sembler paid to get the property all put together as Agricultural and he does not want to pay to change it all again. Mr. Mensing emphasized that three sides of 39 FEB 24 1987 B00K 67 uaC 414 FEE 24 1981. BOOK Mr. Sembler's property is contiguous to the city limits of Sebastian and the east side is zoned industrial. Mr. Shearer pointed out that staff is recommending that Mr. Sembler's property not be included. There being no others who wished to be heard in this matter, the Chairman declared the Public Hearing closed. MOTION WAS MADE by Commissioner Wheeler, SECONDED by Commissioner Bowman, that the Board adopt Ordinance 87-21, rezoning all of the subject property from A-1 RM -6, and RMH-6 to ROSE -4, with the exception of Mr. Sembler's property, which is to remain Agriculture. Commissioner Bird felt Mr. Sembler should be aware that if he wishes to change his property from agricultural, it is very likely that it will be zoned ROSE -4. Mr. Mensing advised that Mr. Sembler does not have a problem with that. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. Robert Keating, Director of Planning & Development, advised that staff does not feel that any zoning changes are needed with regard to the cemetery. ORDINANCE NO. 87-21 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING_ORDINANCE AND THE ACCOMPANYING ZONING`MAP FOR THE PROPERTY'` DESCRIBED HEREIN, AND PROVIDING FOR EFFECTIVEDATE. WHEREAS, The Planning and Zoning Commission, sitting as the local planning agency on such matters, has held a public hearing and subsequently made a recommendation regarding this rezoning request; and WHEREAS, The Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to _rezone the hereinafter described property; and WHEREAS, The Board of County Commissioners has determined that this rezoning is in conformance with the Land Use Element.of the Comprehensive Plan of Indian River County; and WHEREAS, The Board of County Commissioners has held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian River County, Florida, that the Zoning of the following described property situated in Indian River County, Florida, to -wit: Lots 21 thru 32, inclusive, A.A. Berry's Subdivision of Section 21 of the Fleming Grant, revised from Carter's Survey, according to plat thereof recorded in Plat Book 2, page 14, public records of St. Lucie County, Florida; said land now lying and being in Indian River County, Florida; Lots 1 thru 5, inclusive, Halleluiah Acres Subdivision, according to the plat thereof recorded in Plat Book 10, page 30, public records of Indian River County, Florida; Lots 1 thru 6, inclusive, The Meidel Subdivision, according to the plat thereof recorded in Plat Book 9, page 56, public records of Indian River County, Florida; Lots 1 thru 13, inclusive, and Tract A, Gervais Subdivision, according to the plat thereof recorded in Plat Book 9, page 33, public records of Indian River County, Florida; Lots 1 thru 11, inclusive, Roseland Lake No. 1 Subdivision, according to the plat thereof recorded in Plat Book 7, page 62, public records of Indian River County, Florida; Lots 1 thru 12, inclusive, Roseland Lake No. 2 Subdivision, according to the plat thereof recorded in Plat Book 7, page 63, public records of Indian River County, Florida. Lots 1 thru 7, inclusive, and lots 10, 11, 14, and 17, Fleming Grant Section 30, according to the plat thereof recorded in Plat Book 1, Page 72, Public Records of Brevard County, Florida; said land now lying and being in Indian River County, Florida. BOOK F F}{F416 FEB 2 4 d 7 FEB 24 'W7 BOOK b / P,��E 417 ORDINANCE NO. 87- 21 Be changed from RMH-6, Mobile Home Residential District, A-1, Agricultural District, and RM -6, Multiple -Family Residential District, to ROSE -4, Roseland Residential District. All with the meaning,and intent and as set forth and described in said Zoning Regulations. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this 24th day of February, 1987. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY ByC. Don C. Scurlock, Jr., ai an ATTEST BY: FREDA WR PUBLIC HEARING — COUNTY INITIATED REQUEST TO AMEND THE ROSE -4 DISTRICT TO PROVIDE ADDITIONAL HOME OCCUPATION USES 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•Jnurral, a weekly newspaper published at Vero Beach in Indian River County, Florida; that th.; attached copy of advertisement, being // a_,/ ' / Ushed in said newspaper in the issues of Affiant further says that the said Vero Beach Press -Journal is a- newspaper P.,blished 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 norpromised 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 befog me day of4" A.D. F7 1j:; 42 NOTICE OF PUBLIC NOTICE NOTICE IS HEREBY GIVEN mat me Board of County Commluloosn of hkian NHar Couwny, FUnda. Mae twk ■pubes haannp M C. tsar rias m tntarest and aarans ansa hate an oplxfr- lunity to be heard, In the County CommhNon Chambers of me County Administration Bulk. Flgorkor�i aeW�Sm Sheet, Varo Beach. a.m. to conskm tM adeptlwl of an Ordinance anpned: at me Plannl�Dep�°B°dMmsntOMinanp b MeabN np omoa on ms aalxaq soot of ms County Aommhxraeen Bui which ins who may atapeth awry n"d t t comer may w made at this maamrp wigro nese to -stows that i verbatim wrsoord of tl a proaeWnpa I wwutla *n which I thiel a dta wig be o Ind avl- Mnra tIndlaRiver County Board vMb b basad. -Board of County Coomm4tlanin Fib. 1, tii88 Bya-Don7 C. 9waMack Jr., Coalman - The Board.revi.ewed the following memo dated 2/10/87: TO: The honorable Members DATE: February 10, 1987FILE: _ of the Board of County Commissioners DIVISION HEAD.CONCURRENCE: SUBJECT: COUNTY -INITIATED REQUEST Robert M. Keat g, P TO AMEND THE'ROSE-4 DIST- Planning & Deve opmeYit Director RICT TO PROVIDE ADDITION - gm AL HOME OCCUPATION USES FROM: Richard M. Shearer, REFERENCES: Chief, Long -Range Planning It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of February 24, 1987. DESCRIPTION& CONDITIONS The County is initiating a request to consider an amendment to the Rose -4, Roseland Residential District (up to 4 units/acre), to allow additional home occupation uses which are not allowed in other residential zoning districts. On November 18, 1986, the Board of County Commissioners adopted the ROSE -4 district. At the public hearing, a request was made to expand the scope of the ROSE -4 district to accommodate a number of existing commercial uses in the Roseland area which are not currently authorized horde occupation uses. However, since that request had not been advertised for discussion, the Board did not take action on the request but instructed the staff to schedule it for a public hearing before the Planning and Zoning Commission at their first meeting in January. On January 8, 1987, the Planning and Zoning Commission voted 5 -to -0 to recommend that this request be --denied. The Commission gave as their reason for denial the- fact that the proposed ordinance is inconsistent with the County's existing home occupation regulations. ALTERNATIVES & ANALYSIS The staff has prepared an ordinance amendment proposal for the ROSE -4 district which would allow in that district certain home occupation uses which are not permitted in other residential zoning districts. These additional uses include metal working and casting, contractor's office and storage, lawn mower and small engine sales, service and repair, and service businesses. In addition, there is criteria for the establishment of these uses, and site plan approval would be required for any new home occupation uses. In analyzing this request, the staff compared the proposed new home occupation uses and criteria with the existing allowed home occupation uses and criteria in the General Provisions section of the Zoning Ordinance. The General Provision section contains a list of authorized home occupations, a list of nonauthorized home occupations, and criteria for the establishment of home occupations (a copy of these regulations is attached). The staff notes that the four home occupation uses proposed for the ROSE -4 district are not listed as authorized home occupations under section 25 (D) 3. of the home occupation regulations. Moreover, the following proposed uses cannot meet the below cited provision of Section 25 (D); 43 B00� rr,E_ FEB 4- F E 411987 BOOK 67 1) Metal working and casting; does not comply with section 25 (d) (6) h.: Equipment processes. No equipment or - process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the premises; 2) Contractor's office and storage; does not comply with section 25 (D) (6) d. Outdoor display or storage; 3) Lawn mower and small engine sales, service and repair; does not comply with section 25 (D) (6) b. Merchandise. No stock in trade shall be displayed or sold on the premises. The staff feels that the proposed home occupation uses are inconsistent with the current ordinance. In addition, staff does - not feel that the proposed uses can meet criterion (B) (4) (e) (4) of the proposed_ ordinance which states that: "(4) traffic is not generated in excess of that customary for residential uses." The proposed uses would increase the amount of traffic in the area., resulting in an increase in truck and heavy equipment traffic, and would increase noise and other adverse characteristics. This increased traffic would -not only have an adverse impact on this area, but would impact the residential area between the ROSE -4 area and Roseland Road to the north. Legally established commercial uses in this area are grandfathered in. This amendment would allow many more commercial uses to be established in this area. RECOMMENDATION Based on the above analysiq, the .staff and the Planning and Zoning Commission feel that the proposed home occupations are inconsistent with the current home occupation regulations of the County's Zoning Ordinance and recommend that this ordinance not be approved. Richard Shearer, Chief of Long -Range Planning, presented staff's recommendation for denial of the request for expansion of uses. Commissioner Bird asked why this is County -initiated, and Mr. Shearer explained that the Board directed staff to look at this and come back with an ordinance and a recommendation for the Planning & Zoning Commission. He noted that the Board did not indicate at that time that they would necessarily approve the expansion of uses just that they wanted to be able to take a look at it. This came up when the ROSE -4 zoning district was created in November. Chairman Scurlock opened the Public Hearing and asked if anyone wished to be heard in this matter.. Attorney Michael O'Haire, representing.a number of property owners in the just established ROSE -4 District, believed he has , -a. 44 solution to this problem that everyone could live with. Referring to a map of the area, he pointed out that this property is surrounded on 3 sides by industrial zoning and uses and on 2-1/2 sides by the City of Sebastian. He stressed that what we are talking about today is not proposed uses, but uses that are in place. Attorney O'Haire presented a folder of 9 colored photographs showing the various industrial uses. (Photographs are on file in the Office of the Clerk to the Board.) He stressed that these are family -operated businesses, which are grandfathered in, and what is being proposed might deal death sentences to them so that their children could not run them in the future. He emphasized that they are asking for the expansion of uses not because of what is going to be there, but because of what is there today. Attorney O'Haire called the Board's attention to 3 limitations on the home occupation use that he has drafted into the proposed ordinance for this ROSE -4 area which he believed would protect everyone in the future: 1) As a prerequisite to home occupational use in the ROSE -4, you must go through the site plan process with all of its safeguards to protect the neighborhood and the community; 2) The home occupations can be used only by members of the family living on the property; and, 3) The property has to qualify and continue to qualify for Homestead Exemption in the Property Appraiser's Office. If the property does not qualify for Homestead Exemption, the right to a permitted use of a home occupation disappears. Chairman Scurlock asked if all the existing home occupations are known and listed, and Attorney O'Haire stated that he knows in his own mind what is there, and has tried to address those uses in the drafted ordinance. Chairman Scurlock felt there is no question that this is a unique area and that is why the Commission has been so torn on trying to address the issue. 45 EB 24 1987 Boos 6 7 P, ,F 4 12,0 0 FEE ��� BOOR 67 ou Commissioner Eggert asked if this would exclude bringing in employees from the outside. Attorney O'Haire felt it would, and Mr. Shearer nodded in agreement. Commissioner Wheeler believed that some of them already have employees from the outside. Fred Mensing, resident of Roseland, stated that he knows of 43 people in the area who are engaged in some form of illegal commercial activity, and many of them are reluctant to come forward by name. He felt they should be made legal, if for no other reason, than to discourage them from their option to annex into the abutting industrial district in the City of Sebastian. He believed this annexation can be stopped if the Board creates a new chapter in the ordinance entitled: Home Family Business - ROSE -4. Commissioner Eggert understood that this proposed ordinance is only for ROSE -4. C. N. Cury, 1285 79th Avenue, Roseland, stated that his small business has been licensed since 1967, and emphasized that when he bought in that area it was legal to have such things as boat marinas, garages, golt courses, grocery stores, etc. However, the zoning has been changed twice since then, and now his business is grandfathered in, which doesn't allow him to expand or rebuild if there is major damage from a fire. He stressed that although he owns 2-1/2 acres, he still cannot expand his business. He needs to expand, but he and his sons are left with no option to do so. Mr. Cury regretted that he had not opposed the previous rezoning changes, and felt that if the proposed ordinance is not passed,. he would have to seek some other recourse. He trusted that the Board will see that he and his neighbors have been making their living for many years from these small businesses, and urged the Board to make those uses legal. 46 Chairman Scurlock fel*t he was hearing that whilethe community does not want to go to commercial, they feel that some restrictions are needed. Attorney O'Haire pointed out that the reason they agreed to the site plan process.i.s because they don't want to open it up to new things; they just want the Board to recognize the uses that are in place in this area and make them legal. Commissioner Wheeler asked about the additional home occupation uses listed.in the ordinance drafted by Attorney O'Haire, such as metal workings, castings, contractors' offices, lawnmower repairs, etc. Attorney O'Haire explained that those uses are broken out from the others to recognize uses that are in place in this area and try to make them legal. Commissioner Wheeler felt that some of the restrictions or limitations would not apply, such as, "products that are not offered for sale to the general public," or "any evidence of occupation be screened from the street by landscaping." He understood that some of these requirements would have to be applied to existing businesses, and Attorney O'Haire stated that these requirements would apply only if the existing businesses are expanded. He realized that if Mr. Cury wishes to expand, he will have to go through the site plan process. Attorney Vitunac noted that if this ordinance passes as written, Mr. Cury would still be in violation because he has people working there who are not part of his family. Attorney O'Haire understood that he would not be able to add anyone new to his payroll outside of the family, but Attorney Vitunac felt that the question is whether he would have to fire people on his existing payroll. Chairman Scurlock understood that the intent is to make him legal and also let him come under the new ordinance. Attorney O'Haire agreed that is what is intended, but felt that if it reads otherwise, it needs to be addressed. It is not �� 7 47 BOOK 67 F�,{U 4 wFE B 2 he M7 1 BOOK 6 PAGE 423 intended that this ordinance be retroactive in effect and make Mr. Cury's business non -grandfathered and illegal. Commissioner Eggert understood that the way the ordinance is written would mean that if Mr. Cury's business burned down and he wanted to rebuild, only his family could run the business. Attorney O'Haire advised that the rule of thumb is that if destruction is more than 50%, it comes under the new rules. Robert Keating, Director of Planning 8 Development, explained that the problem is that Code Enforcement does not have a list of all the existing businesses. He suggested that the Board establish a date whereby all existing businesses before that date would be grandfathered in. Commissioner Bird was concerned about how Mr. Cury would be attected by the limitation of having the business run only by those family members living on the site. He believed that Mr. Cury's children will probably want to get their own places at some point in the future. Mr. Cury was concerned about that limitation also, and stressed that he was legal for a long time before the zoning changes grandtathered him. Attorney O'Haire emphasized that they want to be able to expand or sell. Mr. Cury felt that because he has been there so long and started out on a legal basis, he should not be zoned out of business. He suggested that his business be addressed as something unique. Commissioner Bird felt that the problem is that Mr. Cury's situation is not unique; there are many others like it up there. He believed these small business people are the salt of the earth. He was surprised, though, that more owners in that area were not in attendance today. Mr. Cury explained that many of the people who are running. illegal businesses in that area are very afraid of being visible. 48 Commissioner Bowman felt that we should grant them an immunity or have them come in and get vested. Attorney O'Haire urged the Board to do both. There being no others who wished to be heard in this matter, the Chairman declared the.Public Hearing closed. Chairman Scurlock suggest°ed that the Board go ahead and pass the ordinance today, and then address the specifics that affect Mr. Cury and a few others, which will give staff a little time to come up with a plan of attack. Commissioner Wheeler was in favor of the ordinance because he felt that new people will be aware of the existing uses and can choose whether or not to move into the area. In addition, he felt the attitude of the people in that neighborhood is live and let live, and stressed that the people up there have pride in their homes, businesses, and neighborhood. MOTION WAS MADE by Commissioner Wheeler, SECONDED by Commissioner Eggert, that the Board adopt Ordinance 87-22, providing additional home occupation uses; and direct staff to find a way to recognize the existing businesses. Attorney Vitunac advised that there is a way to see if the use is legal, but Commissioner Eggert said that was not the intent of the Motion. The Motion was to find a way to make the existing uses legal. Attorney Vitunac understood that the intent of the Motion is to direct the County Attorney to find a vehicle for accomplishing making what is there legal, and to make the people who are legally grandfathered in a valid conforming use in the future. Commissioner Bowman asked for clarification of how we are planning to legalize the grandfathered businesses, and Attorney Vitunac explained that first a study would be done to find out who is grandfathered under this new ordinance and then write a 49 Boor. 7 P k ,,,E 4'? -',y 4- 1987 BOOK 67 Fv 4 second ordinance, changing the ROSE -4 criteria, in order to make them a valid and conforming use in the future. Chairman Scurlock felt the clear intent here has been expressed, and Commissioner Eggert emphasized that in seconding the Motion, her intent is that this will be applied to only the ROSE -4 area. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. ORDINANCE NO. 87- 22 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING.. SECTION 15 ROSE -4, ROSELAND RESIDENTIAL DISTRICT, C'" - APPENDIX A OF THE CODE OF LAWS AND ORDINANCES OF INDIA;a RIVER COUNTY, FLORIDA, KNOWN AS THE ZONING CODE; CREATING SECTION 15 (B) (4) HOME OCCUPATION USES; PROVIDING FOR ADDITIONAL HOME OCCUPATION USES AND CRITERIA FOR THEIR ESTABLISHMENT; AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, INCORPORATION IN CODE, SEVERABILITY, AND EFFECTIVE DATE. BE IT ORDAINED, by the Board of County Commissioners of Indian River County, Florida, that: SECTION 1 Section 15 (B) (4) is hereby created and shall read as follows: Section 15 ROSE -4: Roseland Residential District B. Permitted Uses 4. Home Occupations. In addition to those home occupations specified in Section 25 (d), the following home occupation uses shall be permitted after receiving site plan approval and meeting- the conditions specified below: a. metal working and casting; b. contractor's office and storage of contractor's materials, tools and equipment; c. lawn mower and small engine sales, service and repair; d. service businesses (provided there shall be no more than one sign advertising the same not in excess of four square feet in size). e. criteria for home occupation uses. All home occupations shall be established based on the following criteria: (1) the activity is conducted only by members of the family living within the residence; (2) products are not offered for sale to the general public and from the premises excep as herein otherwise provided; (3) any evidence of the occupation is screened from the street by type A screening; (4) traffic is not generated in excess of that .customary for residential uses; 50 (5) the property has been qualified for (and continues to be qualified) for homestead exemption for ad valorem tax purposes, and (6) all home occupation activities must meet yard setback requirements. SECTION 2 REPEAL OF CONFLICTING PROVISIONS All previous ordinances, resolutions, or motions of the -Board ---- of County Commissioners of Indian River County, Florida which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. All Special Acts of the legislature applying only to the unincorporated portion of Indian River County and which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. SECTION 3 INCORPORATION IN CODE The provisions of this ordinance shall be incorporated into the County Code and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intentions. SEVERABILITY If any section, part of a sentence, paragraph, phrase or word of this ordinance is for any reason held to be unconstitutional, inoperative or void, such holdings shall not affect the remaining portions hereof and it shall be construed to have been the legislative intent to pass this ordinance without such unconstitutional, invalid or inoperative part. CODING: Words in type are deletions from existing law; words underlined are additions. 51 BOOK F'AiC. , FED 24 1937 o,mnm"r^m C EFFECTIVE DATE BOOK 6 7 The provisions of this ordinance shall become effective upon receipt from the Florida Secretary of State of official acknowledgment that this ordinance has been filed with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this 24th day of February , 1987. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY: DON C. SCURLO , ., Ch. ATTEST BY: FREDA'•�WUGHT, L .-e . Acknowledgment by the Department of State of the State of Florida this 2nd day of March , 1987• Effective Date: Acknowledgment from the Department of State received on this 6th day of March ,1987 at 11:00 A.M./P.M. and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY. \._ ter. Lunxga ► v '­'� N�_k t BRUCE BARKETT, ASSISTANT COUNTY ATTORNEY APPROVED AS TO PLANNING AND DEVELOPMENT MATTERS. RICHARD M. SHEARER, CHIEF, LONG-RANGE PLANNING 52 PUBLIC HEARING AMENDMENT TO THE CODE ENFORCEMENT 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: VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVERt 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 S/D JJAAin--the matter of ezue'liz 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- 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. % i Sworn to and subscribed befoyy me t* day of 6j(/�� A.D. f tb sin nnana�[i7 ,r at PUBLIC Nonce MY GIVI N nut the oozed of nine or Millen RN*r County, t pulite ireanriB at which par. Ghrens Men nave an oppw• In the County Commission 40 N s Verroo Beach, 24 WF �b�n at M Off so Oird DTI �oEVERA&IJTY. AND EFFECTIVE A copy of the p Ordlnattea is available at the Ing DBP t onlce do the second Iloa Of the County Administration Building. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensurethat a verbatim record a ere proceeding is made which Includes the tirotimdrry end mi+ ilenix upon which the appeal wUl Oe Dewed, Indian Siver County B" -Dan Commissioners Feb. 1, B"-ofC. Scwftk Jr., Chairman1887 i The Board reviewed the following memo dated 2/13/87: TO: The Honorable Members DATE: February 13, 1987 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: AMENDMENT TO THE INDIAN RIVER COUNTY CODE ENFORCE - SUBJECT: MENT BOARD ORDINANCE Robert M. i.ea i g,CP Planning & Dev lopment Director THROUGH: Mike Miller MW Chief, Environmental Planning FROM: Roland M. DeB1ois JZMD REFERENCES: Staff Environmental Planner 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 February 24, 1987. 53 BOOK 67 Pr. FEB2 4 1987 FEB BOOK 6 DESCRIPTION AND CONDITIONS: On January 27, 1987, the Board of County --Commissioners autho- rized staff to draft a code enforcement board ordinance amend- ment and schedule a public hearing for its adoption. The basis' for the amending ordinance is to reflect changes made to Section 162.01 of the Florida Statutes, et seg., which was amended by the State Legislature in the 1986 Session. Section 162.01 of the Florida Statutes, et. seq., authorizes local code enforcement boards -and governs their procedure. With reference to changes made at the State level, the proposed amendments would clarify the following in the County's Code Enforcement Board ordinance: If a case is scheduled for an evidentiary hearing, and a violation is corrected and then recurs, the case shall be presented to the Code Enforcement Board even if the violation has been corrected prior -to a Board hearing; If an order of the Code Enforcement Board has not been complied with by a set time, or if the same violation is repeated by the same violator, a fine may be imposed for each day the violation continues past a set compliance date, and a hearing shall not be necessary for issuance of the order; - No lien created pursuant to the provisions of the Code Enforcement Board ordinance may be foreclosed on real property which is a homestead under Section 4, Article X of the State Constitution; and No lien filed against a property for a violation shall _ continue for a period longer than five (5) years after recording, unless within that time an action to foreclose on the lien is commenced (changed from the present two (2) maximum time limit for foreclosure commencement). RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed ordinance amendment for adoption. Attorney Vitunac explained that this amendment brings the old Code Enforcement Ordinance into compliance with the State. 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 Ordinance 87-23, amending that part of the Code of Laws and Ordinances entitled "Code Enforcement Board". 54 INDIAN. RIVER COUNTY ORDINANCE NO. 87 23 AN ORDINANCE.OF INDIAN -RIVER COUNTY, FLORIDA, AMENDING DIVISION 2, ARTICLE III OF CHAPTER 1 OF THE CODE OF LAWS AND. ORDINANCES, ENTITLED "CODE ENFORCEMENT BOARD"; AMENDING PARAGRAPH 1-58(b), ALLOWING* FOR A BOARD HEARING IN CASES WHERE A VIOLATION IS CORRECTED AND THEN RECURS; AMENDING SECTION 1-60, ALLOWING THE BOARD TO ORDER A FINE FOR A VIOLATION REPEATED BY THE SAME VIOLATOR, WITHOUT NEED FOR A HEARING EACH TIME THE VIO- LATION IS REPEATED; AMENDING SECTION 1-61, ALLOWING FOR A LIEN TO BE CONTINUED FOR NO LONGER THAN FIVE YEARS UNLESS FORECLOSURE ON THE LIEN IS COMMENCED; AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS,CODIFICATION, SEVERA- BILITY, AND EFFECTIVE DATE. WHEREAS, Section 162.01, Florida Statues, et seq., which authorizes local code enforcement boards and governs their procedure was amended in the 1986 Session; and WHEREAS, it is appropriate and necessary to amend the Indian River County Code of Laws and Ordinances to reflect the changes to the Statute; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: nz+nmTnwl 1 Section 1-58(b) of the Code of Laws and Ordinances of Indian River County is hereby amended to read as follows: Sec. 1-58. Enforcement procedure. (b) Except as provided in subsection (c) if a violation of the codes is found, the code inspector shall notify the violator and give him a reasonable time considering the nature of the violation to correct the violation. Should the vio- lation continue beyond the time specified for correction, the code inspector shall notify the enforcement board and request a hearing pursuant to the procedures in section 1-59. Written notice shall be mailed to said violator as provided in this division. If the violation is corrected and then recurs, the case shall be presented to the Code Enforcement Board even if the violation has been corrected prior to the Board hearing, and the notice shall so state. CODING: Words in type are deletions from existing law; words underlined are additions. FEB 24 1987 55 BOOK 67 RGE 430 E P 2. 87 BOOK 67 oA SECTION 2 Section 1-60 of the Code of Laws and Ordinances of Indian River County is hereby amended to read as follows: Sec. 1-60. Administrative Fines: liens. The enforcement board, upon notification by the code inspector that a previous order of the enforcement board has not been complied with by the set time or, upon finding that the same violation has been repeated by the same violator, may order the violator to pay a fine not to exceed two hundred dollars and fifty dollars ($250.00) for each day the violation continues past the date set for compliance or for each time the violation has been repeated, and a hearing shall not be necessary for issuance of the order. A certified copy of an order imposing a fine may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists, or if the violator does not own the land, upon any real or personal property owned by the violator. It may be enforced in the same manner as a court judgment by the sheriffs of the state, including levy against the personal property, but shall not be deemed to be a court judgement except for enforcement purposes. After one year from the filing of any such lien which remains unpaid, the enforcement board may authorize the county attorney to fore- close on the lien. No lien created pursuant to the provisions of this chapter may be foreclosed on real property which is a homestead under Section 4, Article X of the State Consti- tution. SECTION 3 Section 1-61 of the Code of Laws and Ordinances of Indian River County is hereby amended to read as follows: Sec. 1-61. Duration and enforcement of lien. No lien filed pursuant to this ,division shall continue for a period longer than twe--F2 five (5) years after re- cording, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. The continuation of the lien by the commencement of the action 56 shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded. - n.,,,...T ,..,.. A REPEAL OF CONFLICTING PROVISIONS All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida which conflict with the provisions of this ordinance, are hereby repealed to the extent of such conflict. All Special Acts of the legislature applying only to the unincorporated portion of Indian River County and which conflict with the provision of this ordinance are hereby repealed to the extent of such conflict. SECTION 5 CODIFICATION The provisions of this ordinance shall be incorporated into the County Code and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intentions. SECTION 6 SEVERABILITY If any sections, part of a sentence, paragraph, phrase or word of this ordinance is for any reason held to be unconsti- tutional, inoperative or void, such holdings shall not affect the remaining portions hereof and it shall be construed to have been the legislative intent to pass this ordinance without such unconstitutional, invalid or inoperative part. EFFECTIVE DATE The provision of this ordinance shall become effective upon receipt from the Florida Secretary of State of official acknowledgement that this ordinance has been filed with the Department of State. 56a BOOK FEB 24 1987 FEB 24 1987 ORDINANCE NO. 87- 23 Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 24th ---of-- February , 1987. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By G Don C. Scurlock, .Jr. Chairman ATTEST BY . Freda Wrig/h PUBLIC HEARING - H. H. FLOYD SUBDIVISION REGULATION WAIVER 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 -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a%�,yZ� - - to the matter of e9a(&—&/p3 i2v4 In the Court, was pub. lished in said newspaper in the issues of—&U 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 andhas 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 attachedcopy of adver. tisement; and affiant further says that hehas 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 befo ma ih' day of A.D. • �(Busin Mager) In 1 57 NOTICE OF MUSLIM II—EAM—d-- Nmlce m publid tumnnp m the Indian River 2911 Board m Count' Comrrmaronars to eon- emer • wahmm doe Sectmn 6 -2) fo Ore aub dMalon ordinance ((hd. No. W-24) for the toF AND THE NORTHWESTERLY 35' AND THE SOUTHWESTERLY 35' AND THE SOUTHEASTERLY 35' OF LOT 18. IN SECTION 30. OF AJL BERRY'S SUB- DIVISION OF THE CARTER SURVEY OF FLEMING GRANT. TOWNSHIP 30 SOUTH. RANGE 38 EAST. ACCORDING TO PLAT FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF IN- DIAN RIVER COUNTY, FLORIDA; SAID LANDS NOW LYING AND BEING IN IN- DIAN RIVER COUNTY. FLORMA, rle Boa of County Contininkiiiih will cow I public hearing nVareing the nilLvet to w cm tab road homage regWnnmm a as ap- t ro e "Nod pardM agit. TM p" hear - M Mekh mrties M Mteresl eM tltlzem ahIn to =11 cry dt at ihle tasetbl0 w81 and Won which alig to appw g�county f:a nws C. Scurk" Jr.. Chahrw Feb. 4;1887.� The Board reviewed the following memo dated 2/13187: TO: The Honorable Members ofDATE: February 13, 1987 FILE: the Board of County Commissioners DIVISION HEAD CONCURRENCE: Robert M. Keat L ng, ICP SUBJECT: H. H. , FLOYD SUBDIVISION Planning & Develop ent Director REGULATION WAIVER FROM: Stan Boling ./o�- 6, REFERENCES: HH Floyd Chief, Current Development STAN3 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of February 24, 1987. BACKGROUND AND CONDITIONS: Mr. Fred Mensing, on behalf of property owner- H. H. Floyd, is requesting a' waiver from section 6(a)(3) of the subdivision ordinance. Such a waiver would allow an existing parcel (the subject property) to be split into two parcels, both of which would lack the minimum road frontage 'required in the subdivision and zoning ordinances. The subject property ""is a combination of a 5 acre lot (Lot 14, A.A. Berry Subdivision) and a parcel consisting of 35' wide strips that connect Lot 14 to Lot 18. and to- 130th Street (see attachment #3). This combination was first created in 1979. In accordance with section 6(a)(3) of the subdivision ordinance and in accordance with section 29(b) of the zoning code which was in effect in 1979, lots resulting from a split of the subject property would have to have at least 701 of frontage on a dedicated road right-of-way. Since the only dedicated road rights-of-way in the vicinity are Dale Street and 130th Street, the subject property cannot be split in such a way so as to conform with the current frontage requirements. ALTERNATIVES AND ANALYSIS: The existing subject parcel is -presently "buildable" for one dwelling unit because Lot 14 is "grandfathered -in" as an old lot of record. It is the proposed parcel split that would create two non -conforming parcels lacking the required road frontage. Alternatives exist whereby the parcel can be developed and conform with existing regulations. The parcel can be: 1) developed for one dwelling unit; 2) platted and site -planned as a mobile home park as long as a road right-of-way, at least 50' wide, could be provided to the site; or 3) combined with adjacent property so as to render a split creating two parcels, each having a minimum of 70' of dedicated road frontage. Section 11 of the subdivision ordinance sets forth four criteria which must be met before a subdivision waiver may be granted. Three of these criteria are not met by the request. The criteria are as follows: 58 BOOK ��� f'i.GE ��� FEB24 1987 F1 E B 2 4. `997 Boos 67 r',,;; ,'�5 "The Board shall not approve a waiver unless it finds all of the following: 1. The particular physical conditions, shape, or topography of the specific property involved would cause an undue hardship, to the applicant if the strict letter of the ordinance is carried out; 2) The granting of the waiver will not cause injury to adjacent property or any natural resource; 3) The conditions upon which a request for waiver are based are unique to the property for which the waiver is sought and are not generally applicable to other property in the adjacent areas and do not result from actions of the applicant; and 4) The waiver is consistent with the intent and purpose of the Indian River County Zoning Ordinance, the Indian River County Comprehensive Land Use Plan, and this ordinance." Criterion number one'is not met because many other parcels in the area (and in the county as a whole) have less or no frontage on a dedicated road right-of-way. Despite the shape of the parcel, no hardship exists since the parcel is presently buildable for one dwelling unit and could be developed as a mobile home park with additional property. Criterion number three is not met because the waiver is sought to facilitate a parcel split proposed by -the applicant himself. Such a waiver would apply to other properties in the area and the county whereby parcels with insufficient road frontage could be created. Criterion number four is not met b& -cause granting the waiver would be inconsistent with the clear intent of the subdivision ordinance and zoning code. A minimum lot frontage standard has been estab- lished, applied, and met by other properties. A waiver from this standard would have the effect of creating a new and lower stan- dard which would render the current requirement meaningless. Based on the foregoing analysis, staff has concluded that the applicant has alternatives to develop his property in conformance with county regulations and that the criteria for granting a waiver are not satisfied by the request. RECOMMENDATION: Staff recommends that the Board of County Commissioners deny the request to waive the requirements of section 6(a)(3) of the subdivision ordinance as applied to the subject property. Commissioner Bowman asked where the present access is to this lot, and Mr. Boling advised that there is no road between Gibson & Dade Streets. When this was platted back in 1913, a lot of these parcels were 5 acres in size and did not have actual road right-of-way or frontage. Robert Keating,.Director of Planning & Development, pointed out that a lot of this has occurred in the Gifford area, and is a problem in that it creates a situation that becomes unmanage- able. 59 Commissioner Wheeler suggested that instead of correcting that situation with an ordinance on the road frontage, we establish the requirement of having a recorded easement across the property so that it is part of the deed and is there forever. Planner Stan Boling felt that standards need to be established, because there are problems with road upkeep even when there.is a recorded private easement. Furthermore, if a parcel does not have access on a dedicated road right-of-way, there may be problems getting utilities back there. Commissioner Wheeler pointed out that there are many 5 acre 1300-1400 ft. deep parcels, which could be rezoned rural residential at 2-1/2 upa and have a common driveway by the use of an easement. Director Keating advised that a recent change in the subdivision ordinance makes it allowable to do a road plat that can facilitate a lot split, whereby the road does not have to be paved. However, the road has to be created. Basically, that provides a means without going through a major expense for a one -lot split. Mr. Boling pointed out that the Floyds do not have that option because they only have 35 feet. Commissioner Wheeler asked if in this specific case where there would be one house, whether he would be allowed to have ingress and egress off of 133th Street. Mr. Boling believed he probably would be able to get a right-of-way permit from Public Works for both access points, but pointed out again that the reason he is allowed to build is because his lot was created back in 1913 before we had any requirements for frontage and was grandfathered in. Chairman Scurlock opened the Public Hearing and asked if anyone wished to be heard in this matter. Fred Mensing, resident of Roseland, advised that he is representing the Floyds. He believed the property to be very unique for the reason that the U-shaped piece that surrounds Lot FEB 24 1987BOOK > 7 7 F':jGE r, � #1E was purchased in fee simple deed. It is not an easement; it is a land purchase. It has been surveyed and it is land in place. He pointed out that the Public Works Department has issued public driveway permits and set grades for culverts which have been installed for the driveways in both 35 -ft. entrance ways. He pointed out that there is only one buildable area on Section 14 because of the 2 -acre lake which was dug in the 1950s. Mr. Mensing emphasized that the Floyds want to be able to build two homes on this parcel, and the neighbors in the surrounding area seem to like the idea. He believed that the logical and sensible thing to do would be to give these people a variance so that they can build the road, and stressed that maintenance of the road would be their responsibility. Mr. Mensing urged the Board to overlook staff's recommendation and give them a variance to divide the lot across the middle. There being no others who wished to be heard in this matter, the Chairman declared the Public Hearing closed. Commissioner Bird asked Attorney Vitunac if the Board had the ability to grant a variance in this specific case where staff has pointed out that it flails to meet 3 out of 4 criteria. Attorney Vitunac advised that the Board could direct staff to change the ordinance to make the waiver requirements fit the case that Mr. Mensing has presented this morning. However, the changes would apply county -wide in other instances. Chairman Scurlock felt in that case we would have to make the criteria so fine, it would be applicable only to this specific situation. Mr. Boling felt that the standards have to be applied somewhere. Mr. Mensing added the argument that they have the option of getting utilities from several sides, but Commissioner Bird felt the main problem is that the applicant has not met 3 out the 4 criteria for granting a waiver according to the ordinance. 61 0 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, there being no other options, the Board unanimously denied the request by H. H. Floyd for a waiver of the subdivision regulations. UTILITIES DEPARTMENT SPACE ALLOCATION The. Board reviewed the following memo dated 2/5/87: TO: The Honorable Members of DATE: February 5, 1987 FILE: the Board of County Commissioners SUBJECT: UTILITIES DEPARTMENT SPACE ALLOCATION FROM: Charles P. Balczun REFERENCES: County Administrator Cly RECOMMENDATION. Space formerly leased to the Florida Drivers' License Bureau be allocated to our Utilities Department instead of to the Credit Union. onrvrnmimn Pending vacation by the Drivers' License Bureau, the Credit Union sought to lease the space. At your meeting on March 19, 1986 you authorized the County Administrator "to negotiate with the Credit Union to take that space". By letter dated June 30, 1986 General Services Director H.T. Dean 'suggested' to the Credit Union "that we continue the present lease on a month-to-month basis..." (copy attached). ANALYSIS The Utilities Department is a rapidly growing, customer service organiza- tion. It currently occupies two separate office blocks in this building. Allocating the subject space to the Utilities Department would: .. Enhance productivity and efficiency by bringing all administrative tasks into a single office area. .. Provide us with the ability to install a drive up window to facilitate bill payment by customers and thereby reducing interior building traffic as well as demand for parking space. We would, of course, attempt to locate alternative space for the Credit -Union. 6 2 BOOK f'vt 9 FEB24 1987 FED 24 1987 BOOK. 67 F.titia 43 Administrator Balczun advised that the County has offered to help the Credit Union, in a non-financial way, find a place to relocate their offices. He understood they were investigating using Dr. Morgan's office, which was offered to the County. Chairman Scurlock felt they should be looking for a permanent location. Commissioner Bird suggested limiting the parking along 25th Street to 1 -hour to try to discourage County employees from utilizing those spaces all day long, but Chairman Scurlock pointed out that might incur a hardship on people who park there while undergoing kidney dialysis, which takes longer than one hour. Administrator Balczun stated that they would look into the matter further. ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously approved staff's recommendation that space formerly leased to the Florida Driver's License Bureau be allocated to the County Utilities Department instead of to the Credit Union. PRESENTATION OF PROPOSED RATES AND BUDGET FOR SANDRIDGE GOLF CLUB OMB Director Joe Baird and Golf Pro Bob Komarinetz gave a detailed presentation on Sandridge Golf Club which included the following: 01/26/87 INDEX GOLF COURSE TITLE PAGE Analysis of Golf Course Construction Costs if Clubhouse is Eliminated ........................................ 1 Architect ............................................... 2 Site Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .• . . . . . . . . . . . . 3 Construction of Golf Course ............................. 4 Clubhouse................0...40..0....................., 5 Maintenance Building .................................... 6 Golf Cart Equipment Building ............................ 7 Equipment ............................................... 8 Prepared By: Robert Komarinetz Joseph A. Baird COMPLETE PRESENTATION IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Mr. Komarinetz advised that we are 6 weeks away from the official opening of the golf course. Construction has begun on the cart paths and the temporary clubhouse will be on site sometime in March. They hope to finish the cart paths on the north section first, and see where we stand financially before paving the areas by the clubhouse. He reported that construction of the cart building is underway, and the completion is expected 64 FEB 24 1987 Boos 67 r9 t4 4 0 FED 2 c� �7 Bov I 6 441 to be in mid-May. The purchase of equipment is almost finished. The grass is starting to green up and looks real good. Considerable discussion took place regarding the benefits of discounts ottered to residents of the County, and Commissioner Bird wanted staff to come back to the Board with a better definition of "county residency". Mr. Komarinetz felt there is no question that a youth program should be developed. He wished to begin marketing the summer membership cards if the Board gives their approval today. Director Baird reviewed the following proposed rates: SANDRIDGE GOLF COURSE 65 PROPOSED RATES 02/23/87a WINTER SEASON (Dec. 15 to Apr. 15) CARDHOLDER GREENS FEE CART COMBINED 18 Holes 13.00 9.00 22.00 9 Holes 6.50 6.00 12.50 NON -CARDHOLDER GREENS FEE CART COMBINED I8 Holes .9 15.00 $9.00 $24.00 Holes 7.50 6.00 13.50 ----------------------------------------------------------------------------- SUMMER SEASON (Apr. 16 to Oct. 31) CARDHOLDER GREENS FEE CART COMBINED p8 Holes 7.00 T6.00 13.00 9 Holes 3.50 4.00 7.50 NON -CARDHOLDER GREENS �8 Holes FEE CART $ 9.00 6.00 COMBINED $15.00 y Holes 4.50 4.00 8.50 - --------------------------FALL-SEASON --------------------- :--------------- ----------- (Nov.I to BFc. 15) CARDHOLDER GREENS FEE CART COMBINED Holes Tro.00 $8.00 $18.00 `Holes 5.00 5.00 10.00 NON -CARDHOLDER GREENS FEE CART COMBINED t8 Holes $12.00 $8.00 $20.00 9 Holes 6.00 5.00 11.00 65 INDIAN RIVER COUNTY SANDRIDGE GOLF CLUB RECOMMENDED RATES NOVEMBER 1ST THRU DECEMBER 15TH (Walking Permitted After 1 P.M.) Green's Fee Card Holding Resident Non -Card Holder 18 Holes $10.00 Per Person $12.00 Per Person 9 Holes 5.00 Per Person 6.00 Per Person Golf Cart (Per Person) 18 Boles $8.00 9 Holes 5.00 Sreens Fee and Cart Fee After 1:00 P.M. - $15.00 (DECEMBER 16Th THRU APRIL 15TH 3reen's Fee Card Holding Resident Non -Card Holder L8 Holes $13.00 Per Person $15.00 Per Person 9 Holes 6.50 Per Person 7.50 Per Person (After 1:00 only and before 9:00 A.M. on the back 9 only) Golf Cart (Per Person) L8 Boles $9.00 9 Holes 6.00 After 1:00 P.M. Greens Fee & 'art Card Holder - $20.00. Non- Card Holder $22.00 APRIL 16TH THRU OCTOBER 31ST (Note: No Walking on Weekend & Holiday Until Later - 1:00 P.M.) ;reen's Fee Weekend Card Holding Resident Weekend Non -Card holder _8 Holes 8:00 $7.00 Per Person $10.00 $9.00 Person 9 Holes 4:00 3.50 Per Person 5.00 4.50 Person &olf Cart (Per Person) i8 Boles $6.00 9 Boles 4.00 TE: Special Rate: Green's Fee & Cart Rate (18 Holes) Card Holding Resident Non -Card Holder geekday (After 1:00 P.M.) $ 9.00 $10.00 Weekend (After 1:00 P.M.) 10.00 11.00 Discount Rate is similar to other plans in the area and will Fluctuate according to the traffic on the course. 66 FEBL-, 1987 Boos 67 F,� ,�E FE B 2 4 1987 BOOK. 4 Commissioner Bird expected that when these rates are published, the Commission will receive a lot of criticism from people who feel the rates are too high for a county -owned course. He pointed out, however, that the rates are competitive with other clubs in the area, and that they have to be if the golf course is to succeed. Chairman Scurlock emphasized that we built this course at today's high costs while other clubs in the area were built when capital costs were much lower. Chairman Scurlock felt it is going to be important that we have a professional manager and staff to act as a buffer between this Board and the golf course, as he did not want to be under pressure as far as the day-to-day operation is concerned. Commissioner Bird believed that the Commissioners will receive phone calls regarding the operation of the course, but just would have to refer them back to staff. Director Baird presented the following proposed operating budget, which is based on 40,000 rounds of golf played annually: 67 PROPOSED OPERATING REVENUE & EXPENSE (BASED ON 40,000 ROUNDS) REVENUE i Green Fees Golf Cart Revenue Driving Range Pro Shop Food & Beverage I.D. Cards lembership TOTAL REVENUE 416,510 254,646 20,000 80,000 40,000 10,000 35,000 856,156 02/20/87 EXPENSE Golf Course Maintenance 316,381 clubhouse 298,348 '?ood & Beverage 83,011 IFood & Beverage (Cost of Goods Sold) 32,000 ?ro Shop (Cost of Goods Sold) 68,000 Ieneral & Administrative 34,511 bepreciation 114,230 TOTAL EXPENSE 946,481 ESTIMATED PROFIT/(LOSS) (90,325) (Net Cost of Goods Sold) The above profit and loss does not include interest expense which does not have to be paid until September 1, 1989 and will be $201,360 at that time. Director Baird emphasized that when play reaches 55,000 rounds, it would cover the $201,360 debt service which does not have to be paid until September 1, 1989. 68 BOOK 6 Pr$ -i 44 F E 2 4, 19 Boa 7 4 PROPOSED OPERATING REVENUE & EXPENSE (BASED ON 50,000 ROUNDS) REVENUE 13reer L yes Golf Cart Revenue Driving Range Pro Shop Food & Beverage II. D. Cards Membership TOTAL REVENUE 520,686 318,356 20,000 96,000 50,000- 12,500 43,800 1,061,342 EXPENSE Golf Course Maintenance 316,381 Clubhouse 298,348 Food & Beverage 83,011 Food & Beverage (Cost of Goods Sold) 40,000 Pro Shop (Cost of Goods Sold) 81,000 General & Administrative 34,511 Depreciation 114,230 TOTAL EXPENSE 967,481 ESTIMATED PROFIT/(LOSS) 93,861 (Net Cost of Goods Sold) The -above profit and loss does not include interest expense which does not have to be paid until September 1, 1989 and will be $201,360 at that time. 02/20/87 Mr. Komarinetz reported that we will have a beverage license sometime in April. He believed that the food and beverage business would operate at a loss during the first year, but expected business to increase as the rounds of play increase. 69 SUMMARY MARKETING PROGRAMS AND PROMOTIONS (1) Summer Membership (2) Summer and Off Season Specials` (3)' Advertising (4) Promotion or Leagues and Charity Golf Tournament (5) Set Up County Golf Association (A) Men's Amateur Championship (B) Ladies Amateur Championship (C) Junior Amateur Championship (6) Plans are in the works for Junior Program and Clinic and a special rate policy will be established for Juniors. (7) GRAND OPENING — Saturday, March 28, 1987 In Conclusion — Since we are recommending the grand opening to take place on March 28, 1987, we will not open the Golf Course until it is absolutely 100% ready to play. Hopefully, sometime in April. The Board commended Director Baird and Mr. Komarinetz on an excellent presentation. ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously accepted the report, the proposed rates, and the proposed budgets as presented for Sandridge Golf Club. PUBLIC LIBRARY ADVISORY COMMITTEE REPORT Commissioner Eggert reported that the Request for Proposal is being sent out now, and requests will also be sent to those persons who applied for the Coordinator position who have building program expertise. They hope to have somebody on board shortly after May 1st. 70 BOOK �9 FEB 24- 1987 FEB 24 1987 BOOK 67 f ,�u W FINANCE ADVISORY COMMITTEE REPORT The Board reviewed the following memo dated 2/24/87: MEMORANDUM TO: Board of County Commissioners FROM: Commissioner Don C. Scurlock, Jr., Chairman Finance Advisory Committee DATE: February 24, 1987 SUBJECT: Finance Advisory Committee Recommendations At their February 19, 1987 meeting, upon listening to a presentation by Jim Davis, County Public Works Director-, regarding his department's current capital improvement projects and projected 20 -year plans for Indian River County, the Committee made the following two recommendations to the Board of County Commissioners: • ON MOTION by Mr. Morrison, SECONDED by Mr. Jordan, the Committee unanimously recommends that the Board of County Commissioners hire an additional crew for the Public Works Department to be used on that department's Petition Paving Program for the purpose of accelerating the paving program. • ON MOTION by Mr. Morrison, SECONDED by Mr. Jordan, the Committee unanimously recommends that the Board of County Commissioners hire a ProJect Manager to assist the Public Works Director in the area of capital projects for Indian River County. This will allow the Public Works design engineers to remain on their design projects and not be constantly interrupted from their design tasks. Chairman Scurlock reported that the Finance Advisory Committee made the above recommendations based on the information presented by Public Works Director Jim Davis at the February 19th meeting. ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously accepted the recommendations of the Finance.Advisory Committee; authorized an.additional paving crew for the petition paving program, and directed Director Davis to establish a job description and budget for the, position of Project Manager to assist the*Director of.Public Works on capital projects. 71 DOCUMENTS TO BE MADE PART OF THE RECORD Resolutions 86-105 and 86-106 RESOLUTION NO. 86-105 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, TRANSFERRING AND AMENDING RESOLUTION NO. 85-17, A WATER AND WASTEWATER FRANCHISE FOR RIVERWALK UTILITIES, INC. FROM RIVERWALK ASSOCIATES, A JOINT VENTURE TO SEBASTIAN ASSOCIATES, A JOINT VENTURE. WHEREAS, Indian River County previously granted Riverwalk Associates, a water and wastewater franchise pursuant to Resolution No. 85-17 to serve Riverwalk Shopping Center; and WHEREAS, Riverwalk Associates now desires to transfer the franchise to the purchaser of Riverwalk Utilities, Inc., namely Sebastian Associates, a joint venture, contingent upon buyers closing the transaction; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: The Board approves the transfer of the franchise to Sebastian Associates as amended hereto. The foregoing resolution was offered by Eggert , who moved its seconded by Commissioner Bowman put to vote, the vote was as follows: FEB 2 4 1987 Commissioner adoption. The motion was , and upon being Chairman Don C. Scurlock, Jr. Aye Vice -Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird ATe Commissioner Carolyn K. Eggert Aye Commissioner Gary C. Wheeler Aye 72 BOOK 7 F 448 FED 24 1987 BOOK �; �7 FViE 449 The Chairman thereupon declared the resolution duly passed and adopted this 2nd day of December , 19R6. BOARD OF COUNTY COMMISSIONERS ATTEST: OF INDIAN RIVER COUNTY, FLORIDA M'wxBy: <--,- c Freft Wright, Cl("k Don C. Scurlock, J'. Q,,_ V Chairman `"� A.c Approved as to form Approved as to utility matters: and legal sufficiency: County Attorney Director of Utility Services 73 RESOLUTION NO. 86-106 A.RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, EXPANDING AND AMENDING;RESOLUTION NO. 85-17, A WATER AND WASTEWATER FRANCHISE FOR RIVERWALK_UTILITIES, INC. WHEREAS, Indian River County previously granted Riverwalk Associates, a water and wastewater franchise pursuant to Resolution No. 85-17 to serve Riverwalk Shopping Center; and WHEREAS, Riverwalk Associates now desires to expand the existing franchise territory as shown in Exhibit "A" attached hereto. The expansion of the franchise territory shall '-be contingent upon the posting of the construction bond which will include all costs existing with the expansion construction; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: The Board approves the expansion of the franchise territory as shown in Exhibit "A". The foregoing resolution was offered by Commissioner Eggert , who moved its adoption. The motion was seconded by Commissioner Bowman put to 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 74 , and upon being Aye Aye Aye Aye Aye BOOK 6 7 t,�,,t 4 Un Fr- , FEB 24 1987 The Chairman thereupon declared and adopted this 2nd day of December BOOK �0 HU , the resolution duly passed ATTEST: . 1986. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: / c Freda Wright C e Don C. Sc rlock, J . :�� Chairman Approved as to form and legal sufficiency: County Attorney Approved as to utility matters: i Directo lbf"Utility Services I IN mAl L_J `RIVERWALK o / SITE o� (EXISTING WATER TREATMENT FRANCHISE AREA) PLANT SITE t �4 XaACT WASTEWATER TREATMENT PLANT & EFFLUENT�'� TaA �y DISPOSAL SITE A a weU 49�ulk :p��i E,b�•9h�s41} �F ;t;. TRACT, }a AREA OF TERRITORY EXPANSION: r+iAce, a ''+ (SHADED) PJ` lb 0� LOCATION MAP 76 BOOK 6 7 fns -E4 FEB 24 1987 r I FEB 24 IM 8ov. 7 453 Exhibit "A" LEGAL DESCRIPTION Riverwalk Utilities, Inc. Franchise Area Commencing at a concrete monument on the Fleming Grant Line marking the Southeasterly corner of Lot 14 of the Plat of the Town of Wauregan, as recorded in Plat Book 1, Pages 178 and 179 of the Public Records of Brevard County, Florida; thence, N 25004159" E, 163.80 to the Point of Beginning, said point being the point of curvature for a non -tangent circular curve concave to the Northeast having a radius of 11,459.20 feet. Said point bears S 63030119" W from center of said curve, said point also being on the Westerly right-of-way line of U.S. Highway No. 1; thence, Southeasterly along said circular curve and along said Right - of -Way line for an arc distance of 622.46 feet through a central angle of 03006144" to a point; thence, S 45044155" W, 323.56 feet to a point; thence, N 44010135" W, 540.30 feet to a point; thence, N 45049125" E, 103.89 feet to a point; thence, N 43031106" W, 1058.38 feet to a point; Said point being on the'Southerly Right -of -Way line for -Roseland Road; thence, along said Right -of -Way line N 41037120" E, 244.92 feet to a point; thence, continue along said Right -of -Way N 41°52'41" E, 532.64 feet to a point on the Westerly Right -of -Way line of U.S. Highway No. I. Said point being the point of curvature of a non -tangent circular curve concave to the Northeast having a radius of 11,459.20 feet. Said point bears S 69010146" W, from center of said curve; thence, along said Right -of -Way and said circular curve for an arc distance of 1126.96 feet through a central angle of 05°38'05" to the Point of Beginning. Said parcel contains 18.9 acres and lies wholly in Indian River County. 77 P.O. BOX 4899 A, _ANTA. GEORGIA 30302-4691 ,a« �,^7 CABLE ADDRESS' CITSOUTH ViD 2.7 `i ISSUE DATE: DECEMBER 4, 1986 L/C NO.: A065730 -G-86 ------- g'Bn*-fL'fi APPLICANT INDIAN RIVER COUNTY RIVERWALK ASSOCIATES, A GEORGIA BOARD OF COUNTY COMMISSIONERS GENERAL PARTNERSHIP 1840 25TH STREET P.O. BOX 1738 VERO BEACH, FLA. 32960 ATLANTA, GA. 30371 ATTN: SCOTT HAWKINS AMOUNT $316,753.96 (THREE HUNDRED SIXTEEN THOUSAND SEVEN HUNDRED FIFTY THREE AND 96/100 USDLS). 1! GENTLEMEN: 0 W WE HEREBY ESTABLISH OUR IRREVOCABLE LETTER OF CREDIT IN YOUR FAVOR, s o DRAFT(S) TO BE MARKED "DRAWN UNDER THE CITIZENS AND SOUTHERN WZ NATIONAL BANK, ATLANTA, LETTER OF CREDIT NUMBER A065730—G-86". �XX am DATE AND PLACE OF EXPIRY: MARCH 3, 1988, AT OUR OFFICE, INTERNATIONAL DEPT., 35 BROAD STREET, ATLANTA, GEORGIA. WW UV r¢ Q CREDIT AVAILABLE WITH: THE CITIZENS AND SOUTHERN NATIONAL BANK du BY: PAYMENT AGAINST PRESENTATION OF THE i G;. FEB -24 A87 BOOK PAGE 2 4e &° e ra jima e -w Zu,4 a Sim P.O. BOX 4999 ATLANTA. GEORGIA 30302-4599 CABLE ADDRESS: CITSOUTH ISSUE DATE: DECEMBER 4, 1986 L/C NO.: A065730 -G-86 ORIGINAL LETTER OF CREDIT AND AMENDMENTS MUST BE PRESENTED IN CASE OF A DRAWING ON THIS LETTER OF CREDIT. THIS LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDIT (1983 REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 400. CITIZENS & SOUTHERN NATIONAL BANK BY: ROSA M%, -CARR VS. LETTER OF CREDIT MANAGER. THIS LETTER OF CREDIT IS SUBMITTED IN C014JUNCTION WITH CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS NUMBER SD -85-07-71. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 12:30 o'clock P.M. ATTEST: Clerk 79 Chairman