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3/24/1987
Tuesday, March 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, March 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. Vitunac, Attorney to the Board of County Commissioners; Joseph Baird, OMB Director; and Barbara Bonnah, Deputy Clerk. The Chairman called the meeting to order, and Commissioner Bird led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Chairman Scurlock requested the addition to today's Agenda of a discussion regarding the reappointment of Medical Examiner Leonard Walker. Chairman Scurlock also requested that the following two items be added to today's Consent Agenda: As Item W, a request for authorization to advertise and review proposals for a Financial Advisor; and, As Item X, a budget amendment to adjust for previously approved annual raises. Chairman Scurlock requested the deletion of Item 10A - Review of the draft of the proposed Beach Preservation Plan of IRC. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously added and deleted the above items to today's Agenda. BOOK 6 l+ Ft;E 6419 r 'I - MR 2 4 1987 BOOK 6`7 r4;c 650 APPROVAL OF MINUTES The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of February 24, 1987. There were none. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Eggert, the Board unanimously approved the Minutes of the Regular Meeting of 2/24/87, as written. The Chairman asked if there were any corrections or additions to the Minutes of the Regular Meeting of March 3, 1987. There were none. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Eggert, the Board unanimously approved the Minutes of the Regular Meeting of 3/3/87, as written. CONSENT AGENDA Commissioner Bowman requested that Item N be removed for discussion, and Commissioner Bird requested that Item T be removed also. A.8 B. Reports Received and -placed on file in the Office of the Clerk: Traffic Violation Bureau, Special Trust Fund Month of February, 1987 -- $45,497.05 Month to Date Report by Last Name - February, 1987 Report of Convictions - February, 1987 C. Acceptance of City of Vero Beach Appointments_ to County Committees The Board reviewed the following appointments: 2 i COMMITTEE APPOINTMENTS �. Beach Restoration & Preservation Committee Warren Winchester k,,-2. City Representative to 'COttAtyw3ttiare�,�ori Committee{ Mike Wodtke 3. Bike Path Committee Mike Wodtke �'4. South I��diJan River County Fire District Advisory Committee a. r. Hoyt Howard, - - CvB� U 5. Vero Beach Municipal Police Officers' Retirement T_ u tltnd � Ken Macht 6. Tri -County Council Hoyt Howard 7. Treasure Coast Regional Planning Council John Acor v'II. County Transportation Planning Committee Hoyt Howard, member & Warren Winchester, alternate 9. City Recreation Commission Mike Wodtke t,-10. County Economic Development Committee Ken Macht, member & Warren Winchester, alternate k'll. Courthouse Advisory Committee - County John Acor, member & Hoyt Howard, alternate NOTE: It is the responsibility of the committee person to notify the alternate (if one) if he cannot make a meeting. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously approved the above Vero Beach appointments to County committees. MAR 2 4 1987 3 BOOK 6 ,7 [;,, ,L- 651 MAR 2 4 1997 BOOK F PAGE 652 D. Report Report of Tax Collector Gene Morris re Occupational License taxes collected during the month of February, 1987, is hereby made a part of the record: MEMORANDUM TO: Board of County Commissioners FROM: Gene E. Morris, Tax Collector DATE: March 4, 1987 SUBJECT: Occupational Licenses Pursuant to Indian River County Ordinance No. 86-59, please be informed that $2,847.68 was collected in occupational license taxes during the month of February, 1987, representing the issuance of 118 licenses. 4 Ael� Gene E. Morris, Tax Collector E. _Appointments to Marine Advisory'Committee The Board reviewed the following memo dated 3!17/87: TO: County Commissioners FROM: Gary C. Wheeler Commissioner DATE: March 17, 1987 FILE: SUBJECT: Appointments to Marine Advisory Committee REFERENCES: I would like the following people appointed to the Marine Advisory Committee: 4 Gary C. Wheeler, Chairman Richard Grant Gilmore E. E. "Ned" Potter Oren K. Deacon John E. Jackson George Phraener' Tim Adams TECHNICAL NON-VOTING MEMBERS Diane D. Barile Kenneth R. Macht L. S. "Tommy" Thomas ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously appointed the persons listed above to the Marine Advisory Committee, as recommended by Commissioner Wheeler. F. IRC Jail - Phase 1 - Location of Signage The Board reviewed the following memo dated 3/6/87: TO: The Honorable Members DATE: March 6, 1987 FILE: of the Board of County Commissioners THRU: Charles P. Balczun SUBJECT: Indian River County Jail County Administrator Phase I - Location of signage H. T. D .A FROM:Director General Services REFERENCES: The specifications on this project call for a sign located at the entrance of 41st Street. The size is 714" long by 514" high. At this time, it is impossible to locate the sign as specified due to construction of the Sheriff's Administration Building. Staff recommends that the Board of County Commission accept a credit for the sign at this time, and use County personnel to construct the sign as designed after site work is completed on the Sheriff's Administration Building. Since this.would be a change in the contract documents, Board action will be required. 5 MAR 2 41987 BOOK 67 F,�(,C 65 BOOK 67 rvu,L 654 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously approved staff's recommendation, accepted a credit for the sign, and authorized construction of the sign by County personnel. G. Right -of -Way Acquisition, Parcel #102 - 6th Avenue at 8th Street The Board reviewed the following memo dated 3/9/87: TO:THE HONORABLE MEMBERS OF DATE: March 9, 1987 FILE: THE BOARD OF COUNTY COMMISSIONERS THROUGH: Charles P. Balczun County Administrator SUBJECT: R/W Acquisition, Parcel #102 6th Avenue at 8th Street James W. Davis, P.E. Public Works Directo FROM: Donald G. Finney, REFERENCES: y, SRA Right -of -Way Acquisition Agent DESCRIPTION AND CONDITIONS I am in possession of the right-of-way deed Mr. & Mrs. Schacht have sent from Puerto Rico. They have settled for the Armfield appraised value of $5,298.00. RECOMMENDATIONS AND FUNDING Staff requests authorization to purchase the 15 foot right-of-way at the appraised value and transmit settlement check to them. Funding is to be from 304-214-541. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously authorized purchase of the 15 -ft. right-of-way at the appraised value and transmittal of the settlement check, as recommended by staff. COPY OF INDENTURE IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD (WARRANTY DEED) 6 H. Approval of Out -of -County Travel ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously authorized out -of -county travel for Commissioners and appropriate staff to attend FACo Legislative Seminar in Tallahassee on April 29, 1987. 1. Request to Close Forest Cay in Forest Park Subdivision for Block Party The -Board reviewed the following memo dated 3/12/87: TO: THE HONORAmz mmms of DATE: March 12, 1987 FILE: THE BOARD OF COUN'T'Y CCRUSSIONERS THROUGH: Charles P. Balczun, County Administrator James W. Davis, P.E., Public Works Director SUBJECest to Close Forest Cay In Forest Park Subdivision Xer— For Block Party FROM:Michael L. Orr, W REFERENCE,& from John L. Hill Traffic Engineer Director, Forest Park Owners Aaarx• Tnn rl„� Afim i ?An -r. 1.1� 1987 Residents along Forest Cay in Forest Park Subdivision have requested permission to close a short section of Forest Cay from 4:00PM to until approximately 8:00 PM on Friday, April 10, 1987 (rain date scheduled for April 14), for the purpose of a Property Owner Association Block Party. Staff has no objection to this request, provided that: 1) Proper barricades as furnished by the Traffic Engineering Department and installed by the Property Owners Association. 2) A block representative be listed as a contact person in charge of the event in case the road needs to be opened. 3) Access to emergency vehicles be maintained. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously authorized the closing of Forest Cay for a block party, as requested by the residents of Forest Park Subdivision. MAR 2 4 1987 7 BOOK f.A,J 61 MAR 2 4 1987 Boos 67 rn,)F 656 J.�HRS _Contract Amendment on Womens', Infants, and Children Program The Board reviewed the following memo dated 2/27/87: STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES INDIAN RIVER COUNTY PUBLIC HEALTH UNIT 2525 14TH AVENUE ENVIRONMENTAL HEALTH VERO BEACH. FL 32960 1840 25TH STREET -SUITE N-1 16 TELEPHONE (305) 567-1 lUl VERO BEACH. FL 32960 TELEPHUNSUN-COM 451.5302 TELEPHONE (305) 567-9000 EXT. 229 SUN -COM 424.1229 February 27, 1987 FROM: Indian River County Public Health Unit SUBJECT: Correction of Letter Dated February 18, 1987 Regarding HRS Contract Amendment on Women, Infants and Children (WIC) Program THROUGH: Charles P. Balczun, Indian River County Administrator TO: The Honorable Don C. Scurlock, Jr., Chairman Board of County Commissioners The letter dated February 18, 1987, stated that the Indian River County Public Health Unit had been awarded an increase of $16,906.00 for the WIC Program by the Program Office in Tallahassee. A sub- sequent letter from HRS was received stating that there was an additional allocation of $1,500.00 to the WIC Program for a total of $18,406.00. As part of the HRS Contract Amendment System, your signature is requested on the corrected Attachment B enclosed. We are sorry for any inconvenience this may cause. Should you need additional information, please contact me. M. J. lanis, M.P.H. tin Administrative Director ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously approved the amendment to the WIC Program and authorized the Chairman's signature. 8 B Attach ,nt B February 27, 1987 The Honorable Don C. Scurlock, Jr., Chairman Board of County Commissioners Indian River County Administration Building 1840 25th Street Vero Beach, FL 32960-3394 Dear Mr. Scurlock: Indian River CPHU has been awarded an increase of $18,406.00 for the WIC program for contract year 1986-87. This will increase the total state contribution from $948,467.00 to $966,873.00, and is awarded for staffing needs and administrative costs necessary to provide ser- vices to the current WIC caseload. These funds will be made available for expenditure by the CPHU upon receipt by the State Health Office of the following information from the CPHU: 1. A modified CPHU contract expenditure plan (Attachment II, Section IV) and complete worksheet incorporating the new funding and revising the FTE's units and services; 2. A budget amendment to obtain state authority to spend the new funds, if necessary. Please notify the District IX Administrator of your concurrence by affixing your signature, or the sigmature of your authorized designee, to this letter and returning it within 15 days. The signed letter will became a part of the contract between the BCC and the department for the CPHU. If we have not received a response from you in 15 days, we will assume that you concur with the additional funds being added to the CPHU contract. If you have any questions, please call Michael Galanis, Acting Director. Sincerely, Signature Date District Administrator Board of County Commissioners (or designee) K. IRC Public Health Unit - Report on Activities and Expenditures The Board reviewed the following memo dated 3/5/87: 9 BOOK [67 MAR� X97 MAR 2 4 1987 BOOK 67 P,4GE 658 STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES INDIAN RIVER COUNTY PUBLIC HEALTH UNIT VERO 14TH AVENUE ENVIRONMENTAL HEALTH • VERO BEACH, FL 32980 184025TNSTREET-SUITE N -1}B 1314 �S Fjr TELEPHONE (305) 567.1 101 VERO BEACH, FL 32960 j UN -COM 451.5302 TELEPHONE (305) 567-8000 EXT. 229 424.1229 b MAR 1987 �N SUN -COM March 5, 1987 n RECEIVE© ^' BOARD COUNTY ti COIAMISSIONERS ,`Cv !!`��F6ZgZ �Z9��tih FRl�I: Indian River County Public Health Unit SUBJECT: Additional Explanation on Report of Activities and Expenditures - Period Ending December 31, 1986 THROUGH: Charles P. Balczun, Indian River County Administrator Joseph Baird, Indian River County Office of Management and Budget - TO: Don C. Scurlock, Jr., Chairman of the Board Indian River County Board of County Commissioners In light of the large variances appearing on our recent variance report, we feel certain clarifying explanations may be in order. When the budget for 1986-87 was prepared, there were four posi- tions included in that process (Community Health Nurse Supervisor, Health Aid, Physician, and Health Director). These positions were vacant for this period ending December 31, 1986, which has contributed significantly to the understatement of expenses for this period. If you require additional information, please contact me. M. J. Galanis, M.P.H. t' Administrative Director ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously accepted the Report on Activities and Expenditures for period ending 12/31/87, as submitted by the IRC Public Health Unit. 10 C3 -TD 4n rn IV. PLANNED STAFFING, CLIENTSISERVICES, AND EXPENDITURES BY PROGRAM dF--RVICE AREA WITHIN EACH LEVEL OF SERVICE October 1, 198 6 to September 30, 1982 Number of Individual Number of _ Quarterly Expenditure Plan State/County Totals FTE's Units Services 1st 2nd 37,d 4th State County Grand Total A. Public Health: 8,020 4,010 8,022 Immunization (101) 2.01 2,750 7,500 STD (102) 3.395 1,300 3,400 AIDS (103) .3975 8 72 TB Control Services (104) 1.56 2,500 3,900 Communicable Disease 8,891 8,891 8,891 Surveillance/Investigation (106) 1.165 35 37 Non -Communicable Disease 2,882 2,882 2,882 Surveillance/Investigation (143) 0 0 0 :Vater Services (157,158,159,160) 1,82 1,745 4,639 Sewage and Waste Services (161, 0 14,397 14,397 162, 163, 170) 3.12 1,235 5,700 Food Hygiene (148, 150) 2.635 565 2,515 Facilities (151, 152, 153, 154) 1,345 332 589 Community Hygiene (144, 145, 155, 18,518 18,518 18,521 165, 171, 172, 173) 1.03 913 1,724 Vector Control (166, 167, 368, 169) .73 452 752 Emergency Medical Services (146) .155 20 33 Vital Statistics (180) 1.40 XXXX 7,500 Subtotal 20.7625 11,855 38,361 20,052 8,020 4,010 8,022 28,909 11,195 40,104 27,349 27,349 27,349 27,351 78,856 30,542 109,398 1,195 1,195 1,195 1,198 3,449 1,334 4,783 8,891 8,891 8,891 8,893 25,637 9,929 35,566 2,882 2,882 2,882 2,882 8,311 3,217 11,528 0 0 0 0 0 0 0 14,397 14,397 14,397 14,399 53,170 4,420 57,590 34,706 34,706 34,706 34,713 100,068 38,763 138,831 18,518 18,518 18,518 18,521 53,393 20,682 74,075 10,799 310,799 10,799 10,800 41,134 2,063 43,197 11,851 11,851 11,851 11,851 44,165 3,239 47,404 4,843 4,843 4,843 4,847 13,965 5,411 19,376 429 429 429 430 1,237 480 1,717 3,004 3,004 3,004 3,007 8,664 3,355 12,019 158,916 146,884 142,874 146,914 460,958 134,630 595,588 - 19 - rl fl ,E n L0 co Cv 0 0 Sm IV. PLANNED STAFFING, CLIENTS/SERVICES, AND EXPENDITURES BY PROGRAM SERVICE AREA WITHIN -- EACH I.EVEI. OF October 1, 1.06 to Septembsr 30,198 Number of ETE's Individual Units Number of Services1st Quartan E Znd r� Plan State�ty Totals 4th qty Grand Total !. Personal Health: Chronic Disease Services (210, 211, 212,213,219) 2.805 1,730 4,526 11,189' 11,189 11,189 11,195 mo HoHealth (215) - 0 -0- 32,257 12,505 44,762 GeneralNutrition (220) 10 -- 0 - 0- - 0 - - 0 - - 0 - - 0 - WIC (ZZ1) .99 5.62 1,500 80 674 674 674 676 1,942 756 2+698 Family Planning (223) 5.52 3,000 32,905 39,155 28,014 28 015 � 93 760 ' 34.329 128,089 .... Improved Pregnancy Outcome (old maternity) (225) 1,400 2,952 40,797 40.,797 40,797 40 800 v7.6� 45,563 163,191 N . 3.84 350 7,700 30415 30,41 30, 415 305 417 Infant, Child and + + 91,396 30,266 121,662 Adolescent (230) 4.95 1,300 4,186 32,439 32,439 32,439 32,439 School Health (234) 2.905 XXXX 14,000 93,528 36,228 129,756 Adult Health (physical 34,892 13,957 6.978 13+957 50,300 19,484 69,784 exams, etc.) (236) .7475 75 366 1,931 1,931 Dental Services (240) _ p _ 0 1,931 1,933 5 568 2 158 7,726 Subtotal 27.3775 6,365 0 36,810 185,242 170,557 152,437 159,432 486,379 181,289 667,668 n L0 co Cv 0 0 Sm 06 w 0 o S°, 1 1 r, IV. PLANNED STAFFING, CLIENTS/SERVICES, AND EXPENDITURES BY PROGRAM SEf2VICE AREA WITHIN EACH LEVEL OF SERVICE October 1, 1986 to September 30, 198 7 Number of Individual Number of Quarterly Expenditure Plan State/County Totals co FTE's Units Services 1st 2nd 3rd 4th State County Grand Total C. Primary Cares Child Primary Care (329) 1.36 250 743 6,776 6,776 6,776 6,776 19,536 7,568 27,104 Adult Primary Care (337) -0- -0- -0- -0- -0- -0- -0- -0- -0- -0- Subtotal 1.36 250 743 6,776 6,776 6,776 6,776 19,536 7.568 27,104 TOTAL CONTRACT 49.5 18,470 75,914 350,934 324,217 302,087 313,122 966,873 323,487 1,290,360 FLORIDA HEALTH CARE ACCESS PROGRAM w • • Specific for Applicable CPHUs w 0 o S°, 1 1 r, Fr - MAR 24 1997 BOOK 67 P,��E 662, L. Annual Financial Report- Authorization for Chairman to Sign The Board reviewed the following memo dated 3/18/87: TO: The Honorable Members of DATE: March 18, 1987 FILE: the Board of County Commissioners SUBJECT: Chairman's Signature on Annual Financial Report FROM: Edwin M. Fry, Jr. REFERENCES: Finance Director The Annual Financial Report to be filed by March 30, 1987 with the State Comptroller's Office must be signed by the Chairman of the Board of County Commissioners. This memo is to request that the Board of County Commissioners authorize the Chairman to sign the Annual Financial Report so that I can send it to the Comptroller's Office before the March 30, 1987 deadline. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously authorized the Chairman's signature on the Annual Financial Report to be filed with the State Comptroller's Office by March 30, 1987. ANNUAL FINANCIAL REPORT OF UNITS OF LOCAL GOVERNMENT, 1986, IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD M. Budget Amendment - Clerk's Budget The Board reviewed the following memo dated 3/17/87: 14 r TO: The Honorable Members of DATE: March 17, 1987 FELE: the Board of County Commissioners SUBJECT: Budget Amendment to Clerk -'s Budget l FROM: Ed' F y Finance Director REFERENCES: During the budget workshop held in July, 1986, the Clerk agreed to purchase some computer equipment by using lease purchase agreements. Please consider the following budget amendment to the Clerk's Operating Fund: Increase 010-000-389-012.00 Other Financing Sources $165,215 010-301-513-066.41 Capital Outlay -Equipment 162,470 010-300-513-066.41 Capital Outlay -Equipment 2,745 The above amendment is necessary to accomodate the recording of the lease purchase agreements as required by Generally Accepted Accounting Principles. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously approved the above budget amendment, as requested by Finance Director Fry. N. Request to Dedicate Funds in Lieu of Public Access Easement for Little Harbour Subdivision The Board reviewed the following memo dated 3/12/87: 15 MAR 2 4 1987 BOOK�9 Fat 5_ J r MAR 24 1987 BOOK 6 d F',1 r 684 TO:The Honorable Members of A'T'E: March 12, 1987 FILE: the Board of County Commissioners DIVISION HEAD CONCURRENCE: Robert M. Keat ng, CP SUBJECT: REQUEST TO DEDICATE FUNDS Planning & De elopment Director IN LIEU OF PUBLIC ACCESS EASEMENT FOR LITTLE HARBOUR SUBDIVISION FROM: Stan Boling /)-d REFERENCES: little harbour Chief, Current Development STAN4 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of March 24, 1987. DESCRIPTION & CONDITIONS: Little Harbour is a proposed 18 lot subdivision of a ±18.422 acre parcel located on the west side of SR A -1-A immediately south of Castaway Cove Wave II. Because the property has over 600 feet of river shoreline, a public access easement running from SR A -1-A to the river is required pursuant to section 10(r) of the subdivision ordinance. In lieu of actually providing such an easement, the Board of County Commissioners may accept a monetary dedication to the park development fund in an amount equal to the fair market value of such an easement. At their regular meeting of January 22, 1987, the Planning and Zoning Commission granted preliminary plat approval for Little Harbour subdivision subject to the condition that either the actual easement be provided or a monetary dedication be offered that is acceptable to the Board of County Commissioners. The owners, Ambrit Development Corp. and Blue Ridge Transporta- tion, Inc., through their agent Dale Sorenson, are now requesting Board approval to accept a $8,800.00 dedication to the park development fund to satisfy the water access requirement of section 10(r) of the subdivision ordinance. ANALYSIS: In lieu of dedicating an improved access easement from SR A -1-A to the river, the owners have agreed to dedicate $8,800.00 at the time of the final plat approval. The $8,800.00 amount is based on an Armfield-Wagner appraisal of the fair market value of the required 15' wide improved access easement. The Property Appraiser's office has verified that the appraisal is a reasonable estimate of the raw land value of the required easement. Dedication of the appraisal value is adequate for satisfying the public access requirement, if accepted by the Board of County Commissioners. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the offer to dedicate $8,800.00 to the park development fund at the time of final plat approval for Little Harbour Subdivision, in lieu of requiring a public, river access easement. 16 Robert Keating, Director,of Planning & Development, explained that the purpose for requiring these easements is to provide access either to the river or to the ocean, and the way the ordinance is written, the developer has the option of either providing that 15 -ft. easement and improving that easement with a paved walkway or requesting that the Board accept funds in lieu of the dedication. Director Keating noted that the intent of the Zoning Ordinance and the subdivision regulations is to have these accesses a quarter of.a mile apart, which is approximately 1000 feet. Commissioner Bowman felt it would be better to require a 30 ft. easement so that cars could be parked on either side. Director Keating did not believe the easements are ideal in the sense that they don't provide for parking, and in some cases, the developer could decide on something that is not really useful. That is why staff usually recommends that funds be accepted in lieu of an easement, and that the funds go into the parks development fund. Commissioner Bird understood that the size of the required easement is related to the development's frontage on the river or ocean. He felt that while access is important, we should take it where we have more room to provide for parking. Commissioner Bowman pointed out that when you divide $8,800 by 18 lots, it was only $500 and felt it was worth more than that to each lot owner not to have the nuisance of a public access. Director Keating explained that the amount of contribution to the park development fund is determined by an appraisal of the value of the easement and also an appraisal of the costs of the improvements that would be necessary. However, the appraisal is based on raw land, not improved land. Chairman Scurlock asked if we could go ahead and approve this item today and then direct staff to,analyze the process further, and Commissioner Bowman stated she would like to revisit this whole matter. BAR � 1987 17Boos f r MAR 2 4 1987 eooK ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously approved the offer from Little Harbour Subdivision to dedicate $8,800 to the park development fund in lieu of providing a public access easement to the river, with the understanding that this issue would be revisited. 0. Release of Letter of_Credit _for Sixty _Oaks PRD Project The Board reviewed the following memo dated 3/12/87: TO:The Honorable Members of DATE:March 12, 1987 FILE: the Board of County Commissioners DIVISION HEAD CONCURRENCE: Robert M. Kea ng, cl ICP SUBJECT: RELEASE OF LETTER OF Planning & De elopment Director CREDIT FOR SIXTY OAKS PRD PROJECT FROM: Stan Boling A'6, REFERENCES: sixty oaks Chief, Current Development It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of March 24, 1987. DESCRIPTION AND CONDITIONS: At their regular meeting of September 9, 1986, the Board of County Commissioners granted final PRD plat approval for the Sixty Oaks project. As part of the approval, the owner/ developer, Planned Development Corporation, executed a contract to construct all required PRD subdivision improvements and posted an irrevocable letter of credit in the amount of $477,000.00 to guarantee the construction contract. - All required project road, drainage, and utilities improvements have been constructed. Robert McKnight, Vice President of Planned Development Corporation, is now requesting release of the posted letter of credit now held by the County. ANALYSIS: The Public Works and Utilities departments have inspected* all required improvements and have verified that the improvements are acceptable. Therefore, the Public Works and Utilities departments have no objections to releasing the letter of credit. All terms of the construction contract have been satisfied. Therefore, the letter of credit may be released. 18 RECOMMENDATION: Staff recommends that the Board of County OOO.00Commissioners letter ofease to credit Planned Development Corporation the$ held to guarantee the construction of required improvements for the Sixty Oaks PRD project. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously released to the Planned Development Corporation the $477,000 letter of credit held to guarantee the construction of required improvements for the Sixty Oaks PRD project. COPY OF CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE P. Release of Easement___ Roseland Gardens Subdivision, Lots 17, 18 and 19, Block 2 The Board reviewed the following memo dated 319187: TO: The Honorable Members DATE: March 9, 1987 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: RELEASE OF EASEMENT REQUEST BY DAVID R. SUBJECT: LANGFITT, JR. SUBJECT L2 PROPERTY: LOTS 17, 18 Robert M. Kea ng, w7CP & 19, BLOCK 2, ROSELAND Planning & Developm nt Director GARDENS SUBDIVISION Betty Davis FROM: Code Enforcement officer REFERENCES: DIS : REMS It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of March 24, 1987. DESCRIPTION AND CONDITIONS: The County has been petitioned by David R. Langfitt, Jr., owner of the subject property, for the release of the common side lot 5' easement of lots 17, and 18, Block 2, Roseland Gardens Subdivision and the common side lot 5' easement of lots 18 and 19, Block 2, Roseland Gardens Subdivision, being the southeasterly 5' of lots 18 and 19, Block 2, Roseland Gardens Subdivision and the -northwesterly 5' of lots 17 and 18 Block 2, Roseland Gardens Subdivision as recorded in Plat Book 8, Page 25, of the Public Records of Indian River County, Florida. It is the owner's intention to consolidate the lots into 2 larger building sites. 19 BOOK r:';t b►7 BOOK 67 P 658 The current zoning classification is RM -6, Multiple Family Residential District. The land use designation is LD -2, Low Density Residential District. ALTERNATIVES & ANALYSIS: The request has been reviewed by Southern Bell, Florida Power & Light, Jones Intercable, and Indian River County Utility and Right -of -Way Departments. Based upon their review, there were no objections to the release of the easements. The Zoning Staff analysis, which included a, site visit, showed that drainage would be adequately handled on-site. RECOMMENDATION: Staff recommends to the Board through adoption of a resolution, the release of the common side lot 5' easement of lots 17 and 18, Block 2, Roseland Gardens Subdivisions and the common side lot 5' easement of lots 18 and 19, Block 2, Roseland Gardens Subdivision, being the southeasterly 5' of lots 18 and 19, Block 2, Roseland Gardens Subdivision and the northwesterly 5' of lot 17, and 18, Block 2, Roseland Gardens Subdivision as recorded in plat book 8, page 25 of the public records of Indian River County Florida. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously adopted Resolution 87-26, abandoning certain easements in Roseland Gardens Subdivision, as requested by David R. Langfitt, Jr. 1 l� 20 This release of easement is executed by Indian River County, Florida, a political subdivision of the State of Florida, whose mailing address is 1840 25th Street, Vero Beach, Florida 32960, Grantor, to David R. Langfitt, Jr. whose mailing address is 6220 69th Street, Vero Beach, FL 32960, Grantee, as follows: Indian River County does hereby abandon all right, title, and interest that it may have in the following described easements: SEE EXHIBIT "-A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. THIS RESOLUTION was moved for adoption by Commissioner Eggert 11 seconded by Commissioner Wheeler , and adopted on the 24th day of March, 1987, by the following vote: Commissioner Scurlock Ave Commissioner Bowman Ave Commissioner Bird Ave Commissioner Eggert Ave Commissioner Wheeler Ave r - 21 MAR 2 4 1937 BOOK 0 MAR 2 4 1997 BOOK 6'1 FACE 670 0 Attest. By �/ LUi�iLJjGVC.• Freda Wight Clerk J� V . 0q, EXHIBIT "A" 21a. Q. Final Plat Approval for Kingswood Estates Subdivision Phases 2 & 3 The Board reviewed the following memo dated 3/12/87: TO:The Honorable Members of DATE: March 12, 1987 the Board of County Commissioners DIVISION HEAD CONCURRENCE: " 10 P *,e � �, ger,-,* Robert -M. Keat ng, CP SUBJECT: Planning & Development Director FINAL PLAT APPROVAL FOR KINGSWOOD ESTATES SUB- DIVISION PHASES 2 & 3 FROM: Stan Boling /�' 6' REFERENCES: kingswood Chief, Current Development STAN4 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of March 24, 1987. DESCRIPTION & CONDITIONS: Kingswood Estates subdivision Phases 2 & 3 are the last of a three phase subdivision located on the south side of 16th Street at King's Highway. Phases 2 & 3 are comprised of 33 lots (each approximately 1/2 acre in size) on ±21.42 acres. On April 5, 1984, the Planning and Zoning Commission granted preliminary plat approval for the three phase subdivision. Phase 1 has been constructed and received final plat approval on November 28, 1984. Phases 2 & 3 have now been constructed and the owner, Kingswood West, Inc., is requesting final plat approval and has submitted: 1. a final plat for Phases 2 & 3 in conformance with the ap- proved preliminary plat; 2. an executed construction contract for grassing work yet to be completed; and 3. a three -party escrow agreement to guarantee the submitted construction. ANALYSIS: The Public Works department has inspected Phases 2 & 3 and has verified that all required road and drainage improvements, to be owned and maintained by a private property owners' association, have been completed with one exception. Some grassing work remains to be completed along some swales. Public Works has accepted an arrangement to "bond -out" completion of the remaining grassing work at a later date via the submitted contract and escrow agreement. The Utilities department has verified that the water system within Phases 2 & 3 has been constructed and accept- ed. Upon acceptance all applicable satisfied. of the construction contract and escrow agreement, requirements for final plat approval will be 22 MA R 2 4 1987 BOOK �7 r,, 6 71 Pr MAR 2 A, 1987 RECOMMENDATION: BOOK 6 7 Fr, JC 6 12 Staff recommends that the Board of - County Commissioners grant final plat approval to Phases 2 & 3 of the Kingswood Estates subdivision and authorize the Chairman to sign the submitted construction contract and three -party escrow agreement. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously granted final plat approval to Phases 2 & 3 of the Kingswood Estates Subdivision and authorized the Chairman to sign the submitted construction contract and three - party escrow agreement. CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD R. School Zone Speed Reduction Beacons The Board reviewed the following memo dated 3/13/87: TO: The Honorable Members of the DATE: March 13, 1987 FILE: • Board of County Commissioners THROUGH: Charles P. Balczun, County Administrator James W. Davis, P.E. Public Works Dir ecto F ROM:Michael L. Orr, 0 Traffic Engineer DESCRIPTION AND CONDITIONS SUBJECT: school zone speed Reduction Beacons REFERENCES: School zone speed reduction beacons have been provided at all schools on the County road system. Two elementary schools are currently under con- struction - one on 6th Avenue SW in the Vero Beach Highlands and the second on 8th Street between 43rd and 58th Avenue. RECOMMENDATION AND FUNDING It is recomiended that school beacons be constructed at the two new elemen- tary schools. Construction may be completed by the opening of the two schools in late August if design is started imm lately by staff. Equip- ment is in stock for the two beacons and can be installed by in-house personnel. 23 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously authorized the construction of beacons at the two new elementary schools, as recommended by staff. S. 911 Center Construction- Change Order - P.W.R. Corporation The Board reviewed the following memo dated 3/6/87: TO: The Honorable Members DATE: March 6, 1987 FILE: of the Board of County Commissioners THRU: Charles P. Balczun County Administrator H. T. JDn Director FROM: General Services SUBJECT: 911 Center REFERENCES: On Wednesday, February 25, 1987, this writer, C. E. Block Architect, and a representative from P.W.R. Corporation, General Contractor on the Sheriff's Administration Building, met to determine cost on the finished construction of the 911 Center, not including communication equipment or furnishings. As per previous instructions, P.W.R. had asked for and received three different bids for the special work to be performed by sub- contractors. This special work consisted of raised flooring, Haylon system, HVAC, uninterrupted power supply system, and electrical. It was felt that the estimates were good based on how close the total quotation was from each company. P.W.R. provided Staff and the Architect information in regards to their cost of General Construction along with direct and indirect cost. County Staff had estimated the construction cost on this project at $355,000 based on their own analysis and input from the Architect and the Sheriff's Office. The Architect had previously estimated the cost to be $351,000. After the above referenced meeting which supplied "hard numbers," the actual cost is estimated to be $346,011. On January 20, 1987, the Board of County Commission instructed Staff to negotiate with the General Contractor for best price on the 911 Center construction. Based on the above information, it is recommended that the Board authorize P.W.R. Corporation to handle this construction and instruct the Architect to issue a change order for $346,011. 24 BOOK � f �,E 673 lq� AR: 2 41982 BOOK67 FvF 6 1 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously authorized P.W.R. Corporation to handle construction of the 911 Center and instructed the Architect to issue a change order for $346,011. CHANGE Distribution to: ORDER OWNER 21/ AIA DOCUMENT G701 ARCHITECT CONTRACTOR ❑ ❑ FIELD ❑ OTHER ❑ PROJECT: Sheriff's Administration Building CHANGE ORDER NUMBER: I.R.C.3-4 (name, address) INITIATION DATE: March 27, 1987 TO (Contractor): PWR ARCHITECT'S PROJECT NO: 8528 Corporation P. 0. Box 249 CONTRACT FOR:One story block office Highland City, F1. 33846 building L___ J CONTRACT DATE: October 13, 1986 You are directed to make the following changes in this Contract: Addition of the 911 Center to the existing Sheriff's Administration Building Total Add: $346,011.00 Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time. The original (Contract Sum) Of141faEJErQ(DfCtYXiY#tiE>)(X16J(t% was ........................... $ 2 r 106:155 .00 Net change by previously authorized Change Orders .. ............................... $ 66,043 47 The (Contract Sum) =iXAXdSYHi4Ma1iX")=)§ prior to this Change Order was .......... $ 2t 172 r 198 $Z The (Contract Sum) i(�YiGrYJ(t�IYJ(d6itKiXtY() will be (increased)�(e)srXe(��(Xi�cpX bythis Change Order.............................................:...:....... $ 346,011 0.0 The new (Contract Sum) X%K#XK91'Xq**kXK0)ftX including this Change Order will be ... $ 21518-209 47 The Contract Time will be (increased) XftWXehXWYY*,SXftby ( 30 Days. The Date of Substantial Completion as of the date of this Change Order therefore is September 31 ,1 R87 C. E. Block Architect, Inc. wo Authorized: ARCHITECT CO • O OWNER ` Address Address a/2 60./Z&. Address =17 ' t�� � Y r �• B BY ---=y BY DATEDATE DATE AIA DOCUMENT G701 CWANGE QrRDER • APRIL 1978 EDITION AIAO • O 1978 25 T. IRC Bid #344 - One (1) New 1987 One -Ton Truck Cab-Chassis- The ab-Chassis The Board reviewed the following memo dated 3/12/87: TO: Board of County Commissioners DATE: March 12, 1987 FILE: THRU: Joseph*.Baird SUBj ECT: IRC BID #344 -One (1) New Director, Budget Office 1987 One Ton Truck Cab -Chassis FROM: Ac2-& REFERENCES: Caroly 961oodrich, Manager Purchasing Department 1. Description and Conditions Bids were received Wednesday, March 11, 1987 at 2 P.M. for IRC #344 -One (1) New 1987 One Ton Cab -Chassis for the Landfill Department. 14 Bids were sent out, 5 Bids were received. 2. Alternatives and Analysis The low bid was submitted by Ross Chevrolet, St. Petersburg, Fl. in the amount of*$9560.00. The bid meets all specifications. The equivalent vehicle on the State Contract would be $10,135.00. 3. Recommendation and Funding Staff recommends IRC #344 be awarded to the low bidder, Ross Chevrolet, Inc., in the amount of $9560.00. Funds are budgeted in Account #411-217-534-066.42. Commissioner Bird was delighted to see the bid come in as low as it did, but cautioned staff that it looks a little unusual because normally we find that the State bid list is very competitive. In this case, we have a firm that has bid approximately $500 lower than the State bid list. The specifications seem pretty clear cut, but he just wanted staff to make sure that this vehicle meets all the specs when we accept it. MAR 1 7 26 BOOK C `7 F,,A-E 675 Bea 67 P,{,F 676 ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously awarded Bid f344 to the low bidder, Ross Chevrolet, Inc. in the amount of $9560 for one (1) new 1987 1 -ton Truck Cab Chassis; and directed staff to make sure that the vehicle meets all specifications before it is accepted. BOARD OF COUNTY COMMISSIONERS 1840 25th Street Vero Beach, Florida 32960 BID TABULATION 0 y° 4 c Cm m a ° o m �io� y 4 Zr � .o BID NO.DATE IRC BID #344 OF OPENING March 11, 1987 BID TITLE One (1) New 1987 One Ton Truck Cab -Chassis ITEM NO. DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT 1. One (1) New 1987 One Ton Truck Cab -Chassis 1 Each 102 0 00 10585 00 10590 00 9560 00 10068 64 2 Days required for delivery after der _ Days _ 60- O* U. Satisfaction of Assessment Liens, SR -60 Sewer ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously approved the foil -owing Satisfaction of Assessment Liens for SR -60 Sewer: 6 ERUs Fast Food Enterprises, Inc. 150 ERUs Boris Ellison SATISFACTION OF ASSESSMENT LIENS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 27 V. Partial Release�of Assessment Liens - SR -60 Sewer & Water ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously approved the following Partial Release of Assessment Liens for SR -60 Water 8 Sewer: 1 each Sewer 8 Water: Sixty Oaks - Blizzard 1 each Sewer 8 Water: Sixty Oaks - Hillocks 1 each Sewer 8 Water: Sixty Oaks - Begley 1 ERU Water Pine Creek Condo IV, Apt. 202 1 ERU Sewer Pine Creek Condo IV, Apt. 202 4 ERUs Sewer Realcor/Countryside South, Lots 272-S, 272-S, 252-S, and 50-S PARTIAL RELEASE OF ASSESSMENT LIENS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD W, Request for Permission to Advertise and Review Proposals for Financial Advisor The Board reviewed the following memo dated 3/23/87: TO: Board of County DATE: March 23, 1987 Commissioners SUBJECT: Permission to Advertise and Review Proposals for Financial Advisor FROM: Joseph A. Baird OMB Director The Office of Budget and Management is requesting permission to advertise and review proposals for a Financial Advisor. ON MOTION by Commissioner. Eggert, SECONDED by Commissioner Wheeler, the Board unanimously authorized staff to advertise and review proposals for Financial Advisor, as requested by OMB Director Baird. 28 MAR 2 4 1987 BOOK F'j-' 7 E 6 6 1 r MAR 2 41987 X. Budget Amendment to Adjust for Annual Raises BOOK 6 7 F'�,. 6 7,S The Board reviewed the following memo dated 3/23/87: TO: Board of County DATE: March 23, 1987 Commissioners SUBJECT: Budget Amendment to Adjust for Annual Raises FROM: Josep A. Baird OMB Director GENERAL FUND Account Number Account Name Increase BOARD OF COUNTY•COMMISSIONERS 001-101-511-011.11 Executive Salaries 7,985 001-101-511-011.12 Regular Salaries 3,209 001-101-511.011.14 Overtime 20 001-101-511-011.15 Special Pay 72 001-101-511-012.11 Social Security 841 001-101-511-012.12 Retirement 0 001-101-511-012.13 Insurance -Life & health 1,270 001-101-511-012.14 Worker's Compensation 48 COUNTY ATTORNEY 001-102-514-011.12 Regular Salaries 20,827 001-102-514-011.14 Overtime 58 001-102-514-012.11 Social Security 1,493 001-102-514-012.12 Retirement 2,539 001-102-514-012.13 Insurance -Life & Health 1,236 001-102-514-012.14 Worker's Compensation 87 INDIAN RIVER SOIL CONSERVATION 001-118-537-011.12 Regular Salaries 001-118-537-012.11 Social Security 001-118-537-012.12 Retirement 001-118-537-012.13 Insurance -Life & Health 001-118-537-012.14 Worker's Compensation COUNTY ADMINISTRATOR 001-201-512-_0_l1. 001-201-512-011.15 001-201-512-012.11 001-201-512-012.12 001-201-512-012.13 001-201-512-012.14 PERSONNEL DEPARTMENT 001-203-513-011.12 001-203-513-011.15 001-203-513-012.11 001-203-513-012.12 001-203-513-012.13 001-203-513-012.14 VETERAN'S SERVICES 001-206-553-01172 001-206-553-011.15 001-206-553-012.11 001-206-553-012.12 001-206-553-012.13 001-206-553-012.14 Regular Salaries Special Pay Social Security Retirement Insurance -Life & Health Worker's Compensation 393 28 37 69 1 13,796 232 1,002 2,771 833 Regular Salaries 3,174 Special Pay 50 Social Security 230 Retirement 381 Insurance -Life & Health 570 Worker's Compensation 13 Regular Salaries 1,861 Special Pay 24 Social Security 134 Retirement 223 Insurance -Life & Health 329 Worker's Compensation 7 29 Decrease GENERAL FUND - continued Account Number Account Name EMERGENCY MANAGEMENT 001-208-525-0 11.12 Regular Salaries 0010208-525-012.11 Social Security 001-208-525-012.12 Retirement 001-208-525-012.13 Insurance -Life & Health 001-208-525-012.14 Worker's Compensation REFUSE DEPARTMENT 0 -20 -5 - 1' . 2 001-209-534-011.14 001-209-534-011.15 001-209-534-012.11 001-209-534-012.12 001-209-534-012.13 001-209-534-012.14 PARRS DEPARTMENT 001-210-572-=0.12 001-210-572-011.13 001-210-572-011.14 001-210-572-011.15 001-210-572-012.11 001-210-572-012.12 001-210-572-012.13 001-210-572-012.14 Regular Salaries Overtime Regular Pay Social Security Retirement Insurance -Life & Health Worker's Compensation Regular Salaries Other Salaries Overtime Special Pay Social Security Retirement Insurance -Life & Health Worker's Compensation Increase 2,002 350 5,166 125 43 381 498 932 713 9.603 52 431 161 733 1,212 1,790 299 WELFARE DEPARTMENT Regular Salaries 1,420 001-211-564�011.12001-211-564-012.11 Social Security 101 001-211-564-012.12 Retirement 168 001-211-564-012.13 Insurance -Life & Health 248 001-211-564-012.14 Worker's Compensation 6 F,GRILCIJLTURAL EXTENSION 001-212-537 1, 78 6 1.12 Regular Salaries 54 001-212-537-011.15 Special Pay 1,356 001-212-537-012 11 Social Securtiy 3,161 001-212-537 012.12 Retirement 001-212-537-012.13 Insurance -Life & Health 322 001-212-537-012.14 Worker's Compensation 8 YOUTA GUIDANCE 001-21T-523-011-12 001-213-523-011.14 001-213-523-012.11 001-213-523-012.12 001-213-523-012.13 001-213-523-012.14 PORCHASING DEPARTMENT 001-216-519-01T.12 001-216-519-011.15 001-216-519-012.11 001-216-519-012.12 001-216-519-012.13 010-216-519-012.14 AOILDING DEPARTMENT 001-220-519-011-12 001-220-519-011.14 001-220-519-011.15 001-220-519-012.11 001-220-519-012.12 001-220-519-012.13 001-220-519-012.14 Regular Salaries 1,882 Overtime 8 Social Security 146 Retirement 201 Insurance -Life & Health 330 Worker's Compensation 1,565 Decrease 117 45 131 Regular Salaries 2,268 Special Pay 60 Social Security 166 Retirement 217 Insurance -Life & Health 4077 Worker's Compensation Regular Salaries 8,423 Overtime 400 Special Pay 135 Social Security 640 Retirement 1,060 Insurance -Life & Health 1,565 Worker's Compensation 590 BOOK MAR30 MAR 2 4 1989 GENERAL FUND - continued Account Number BUDGET DEPARTMENT 001-229-513-011712 001-229-513-011.14 001-229-513-011.15 001-229-513 012.11 001-229-513-012.12 001-229-513 012.13 001-229-513-012.14 ANIMAL CONTROL 001-250-562-011.12 001-250-562-011.14 001-250-562-012.11 001-250-562-012.12 001-250-562-012.13 001-250-562-012.14 GENERAL SERVICES BOOK 67 F!11;F 6s Account Name Increase Regular Salaries 3,024 Overtime 348 Special Pay 80 Social Security 225 Retirement 293 Insurance -Life & Health 551 Worker's Compensation 13 Regular Salaries 1,382 Overtime 88 Social Security 54 Retirement 173 Insurance -Life & Health 257 Worker's Compensation 95 Decrease 001-251-519-011-12 Regular Salaries 3,019 001-251-519-011.15 Special Pay 26 001-251-519-012-11 Social Security 33 001-251-519-012.12 Retirement 58 001-251-519-012.13 Insurance -Life & Health 532 001-251-519-012.14 Worker's Compensation 2 PUBLIC DEFENDER'S OFFICE 001-904-516 011.12 Regular Salaries 242 001-904-516-012 11 Social Securtiy 17 001-904-516-012.12 Retirement 82 001-905-516-012.14 Worker's Compensation 8 PROBATION DEPARTMENT 001-908-523-011.12 Regular Salaries 2,409 001-908-523-012.11 Social Security 172 001-908-523-012.12 Retirement 224 001-908-523-012.13 Insurance -Life & Health 421 001-908-523-012.14 Worker's Compensation 10 001-199-581-099.91 Reserve for Contingency MUNICIPAL'FUND NORTH COUNTY•RECREATION 004-108-572-011.12 Regular Salaries 981 004-108-572-011.15 Special Pay 35 004-108-572-012.11 Social Security 72 004-108-572-012.12 Retirement 1,244 004-108-572-012.13 Insurance -Life & Health 178 004-108-572-012.14 Worker's Compensation 133 COMMUNITY*DEVELOPMENT 004-204-515-011.-12 Regular Salaries _ 2,362 004-204-515-011.15 Special Pay 38 004-204-515-012.11 Social Security 169 004-204-515-012.12 Retirement 235 004-204-515-012.13 Insurance -Life & Health 419 004-204-515-012.14 Worker's Compensation 9 PLANNING DEPARTMENT 004-205-515-011.12 Regular Salaries 11,038 004-205-515-011.15 Special Pay 60 004-205-515-011.11 Social Security 540 004-205-515-012.12 Retirement 876 004-.205-515-012.13 Insurance -Life & health 1,939 004-205-515-012.14 Worker's Compensation 193 31 130,803 MUNICIPAL ' SERVICE - FUND= `cori£,iriuetl Account Number CODE ENFORCEMENT 004-207-515-011712 004-207-515-011.11 001-207-515-012.12 004-207-515 012.13 004-207-515-012.14 Account Name Regular Salaries Social Security Retirement Insurance -Life & Health Worker's Compensation FRANCHISE: "ADMINISTRATION 004-234-537-011.12 Regular'Salaries 004-234-537-011.11 Social Security 004-234-537-012.12 Retirement 004-234-537-012.13 Insurance -Life & Health 004-234-537-012.14 Worker's Compensation 004-199-581-099.91 ROAD ' AND. ' BRIDGE 'FUND ROAD. ' AND ' BRIDGE 111-214-541-011.12 111-214-541-011v13 111-214-541-011.14 111-214-541-011.15 111-214-541-012.11 111-214-541-012.12 111-214-541-012.13 111-2140541-012.14 PUBLIC WORKS 111-243-519-011.12 111-243-519-011.14 111-243-519-011.15 111-243-519-012.11 111-243-519-012.12 111-243-519-012.13 111-243-519-012.14 COUNTY.'ENGINEERING 111-244-541-011.12 111-244-541-011.14 111-244-541-011.15 111-244-541-012.11 111-244-541-012.12 111-244-541-012.13 111-244-541-012.14 TRAFFIC*ENGINEERING 111-245-541-011.12 111-245-541-011.14 111-245-541-011.11 111-245-541-011.12 111-245-541-011.13 111-245-541-012.14 Reserve for Contingency Regular Salaries Other Salaries & Wages Other Salaries & Wages Special -Pay Social Security Retirement Insurance -Life & Health Worker's Compensation Regular Salaries Overtime Special Pay Social Security Retirement Insurance -Life & Health Worker's Compensation Regular Salaries Overtime Special Pay Social Security Retirement Insurance -Life & Health Worker's Compensation Increase Decrease 2,979 212 352 521 153 1,584 461 148 277 55 26,341 49,448 180 800 416 3,635 6,020 8,883 4,733 2,380 4 60 175 228 427 91 13,450 40 100 971 1,609 2,374 849 Regular Salaries 6,035 Overtime 40 Social Security 434 Retirement 741 Insurance -Life & Health 1,061 Worker's Compensation 572 111-199-581-099.91 Reserve for Contingency 32 2 4 1987 105,756 BOOK �6 F,�,UE 681 MAR 2 4 1987 Regular Salaries BOOK 67 6S2 SOUTH COUNTY'FIRE'DISTRICT Other Salaries & Wages 168 114-120-522-011.12 Regular Salaries 67,228 114-120-522-011.13 Other Salaries & Wages 2,524 114-120-522-011.14 Overtime 2,080 114-120-522-011.15 Special Pay 5,200 114-120-522-011.16 Other Compensation 360 114-120-522-011.18 Volunteer Fire 16 114-120-522-012.11 Social Securtiy 5,533 18,779 114-120-522-012.12 Retirement 31,733 114-120-522-012.13 Insurance -Life & Health 13,525 441-233-524-011.14 114-120-522-012.14 Worker's Compensation 17,285 114-120-522-099.92 Reserve for Contingency 47,448 LANDFILL WASTE DISPOSAL 40146 411-217-534-011.12 Regular Salaries 12,353 411-217-534-011.13 Other Salaries & Wages 168 411-217-534-011.14 Overtime 600 411-217-534-011.15 Special Pay 160 411-217-534-012.11 Social Security 950 411-217-534-012.12 Retirement 1,240 411-217-534-012.13 Insurance -Life & Health 2,320 411-217-534-012.14 Worker's Compensation 988 411-217-534-099.92 Cash Forward - September 30 18,779 COUNTY -BUILDING DEPARTMENT 441-233-524-011.12 Regular Salaries 13,312 441-233-524-011.14 Overtime 60 441-233-524-011.15 Special Pay 96 441-233-524-012.11 Social Security 963 441-233-524-012.12 Retirement 1,258 441-233-524-012.13 Insurance -Life & Health 2,353 441-233-524-012.14 Worker's Compensation 632 441-000-389-040-00 Revenue - Cash Forward 18,674 COUNTY UTILITIES SEWEit , UTILITIES 471-218-536-011.12 Regular Salaries 7,469 471-218-536-011.14 Overtime 738 471-218-536-011.15 Special Pay 160 471-218-536-012.11 Social Security 577 471-218-536-012.12 Retirement 781 471-218-536-012.13 Insurance -Life & Health 1,462 471-218-536-012.14 Worker's Compensation 3,108 471-218-536-099.92 Cash Forward - September 30 14,295 WATER,UTILITIES 471-219-536-011.12 Regular Salaries 9,059 471-219-536-011.14 Overtime 762 471-219-536-011.15 Special Pay 160 471-219-536-012.11 Social Security 715 471-219-536-012.12 Retirement 937 - 471-219-536-012.13 Insurance -Life & Health 1,744 471-219-536-012.14 Worker's Compensation 3,864 471-219-536-099.92 Cash Forward - September 30 17,241 Explanation _ Allocate 4% pool of raises as authorized by the Board of County Commissioners at the Budget Hearings for 1987/198 fiscal year. 33 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously approved the above budget amendment, as recommended by OMB Director Baird. RECOMMENDATION FOR SELECTION COMMITTEE RE ANNUAL AUDIT CONTRACT The Board reviewed the following memo dated 3/4/87: TO: The Honorable Board of [ATE: March 4, 1987 FILE: County Commissioners SUBJECT: Annual Audit FROM: Edwin M. Fry, Jr. REFERENCES: Finance Director The audit contract with Arthur Young & Co. to provide audit services expired with the 1986 fiscal year. A decision needs to be made whether to negotiate a new contract with Arthur Young & Co. or to send out request for proposals for audit services. I recommend that the audit selection committee, composed of the Constitutional Officers and a Board member, meet to determine whether to continue using Arthur Young & Co. or search for a new firm to perform the annual audit. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously authorized the Chairman to work with the audit selection committee to determine whether to continue using Arthur Young & Co. or go out for additional proposals. AR 24 1987 34 BOOK 67 FACE S3 r MAR 24 1987 BUDGET AMENDMENT - COMPUTER CABLES RELOCATION B BOOK 67 FD.;E 684 The Board reviewed the following memo dated 3/4/87: TO: The Honorable Board of County Commissioners gor FROM: Edwin M. Fry, Jr. Finance Director DATE: March 4, 1987 FILE: SUBJECT: Computer Cables Relocation REFERENCES: The City of Vero Beach is planning to improve the alley right-of-way through which our computer cables serving the Courthouse are routed. This will require the relocation of the computer cables at an estimated cost of $4,000.00. We anticipate that within the next twelve months that an additional two computer cables will be needed at an estimated cost of $4,000.00. With two additional cables we will be able to link 84 devices from the Courthouse to the computer. Another possibility is to scrap the current cables and replace them with two fiberoptic cables at an estimated cost of $15,200.00. This would enable us to link 112 devices from the Courthouse to the computer, which should meet the needs of the Court functions for the next four to five years. Alternatives 1 Relocate existing computer cables at a cost of approximately $4,000.00 and add additional cables in the future as needed. 2) Replace existing computer cables with fiberoptic cables at a cost of approx- imately $15,200.00 providing for needs of the next four to five years. We recommend that fiberoptic cables be installed to replace existing cables. 35 Chairman Scurlock envisioned a new facility being built within 4 years, and wondered if the $15,200 mentioned in Alternative #2 would be necessary in that case. Don Hylton, Director of Information Systems, felt that Alternate #2 would be the best way to go, because we need to expand even if the City wasn't planning to do the alley improvements. He reported that Lynn Williams of Building S Grounds understands that the City has to move -the cables due to an encroachment on someone's property. Finance Director Ed Fry advised that this money could come out of the Federal Revenue Sharing contingency account. ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Eggert, the Board unanimously approved Alternative #2 with the $15,200 to come out of Federal Revenue Sharing contingencies. TO: Honorable Members of the Board of County Commissioners FROM: Josep?.Baird OMB Director DATE: March 23, 1987 SUBJECT: BUDGET AMENDMENT FOR RELOCATION OF COMPUTER CABLE AT COURTHOUSE ACCOUNT NUMBER ACCOUNT TITLE INCREASE 102-300-513-066.39 Improvements -Except Bldgs. 15,200 102-199-581-099.91 Reserve for Contingency (Federal Revenue Sharing Acct-) DECREASE 15,200 36 MAR 2 4 1987 BOOK 67 t6S5 MAR 241997Bao`� r1 i, PRESENTATION OF 1986 COMPREHENSIVE ANNUAL FINANCIAL REPORT Duke Landorf of Arthur Young & Co., reviewed the following Auditor's Report, highlights of which are set out in the following letter from Finance Director Ed Fry: FREDA WRIGHT .. CLERK, CIRCUIT COURT AND RECORDER INDIAN RIVER COUNTY 1308) 667.8000 P. O. BOX 1028 VERO BEACH • FLORIDA February 27, 1987 32961-1028 To the Honorable Board of County Commissioners Indian River County, Florida The Comprehensive Annual Financial Report of Indian River County, Florida, for the fiscal year ended September 30, 1986, is respectfully submitted. This report was prepared by the Finance Department under the supervision of the Clerk of the Circuit Court. Responsibility for both the accuracy of the presented data and the completeness and fairness of the presentation, including all disclosures, rests with the Finance Department. We believe the data, as presented, is accurate in all material aspects; that it is presented in a manner designed to fairly set forth the financial position and results of operations of its various funds; and that all disclosures necessary to enable the reader to gain the maximum understanding of the County's financial activity have been included. The purpose of this letter is to narratively point out the highlights of the County's financial operations for the fiscal year. This report contains three major sections which are the Introductory, Financial and Statistical Sections. The Introductory Section is designed to give the reader of the financial report some basic background about the governmental unit as a whole. The Financial Section is divided into the general purpose financial statements by fund type and account group and combining statements by fund type. The Statistical Section reflects social and economic data, financial trends and the fiscal capacity of Indian River County. Overall, a wealth of information is presented in this report and we encourage your careful review to obtain a better understanding of the financial position of Indian River County. ACCOUNTING SYSTEM AND BUDGETARY CONTROL The County's accounting records for general governmental operations are maintained on a modified accrual basis, with the revenues being recorded when available and measurable and expenditures being recorded when the services or goods are received and the liabilities are incurred. Accountingrecords for the County's proprietary funds are maintained on the accrual bass. In developing and improving the County's accounting system, consideration is given to the adequacy of internal accounting controls. Internal accounting controls are designed to provide reasonable, but not absolute, assurance regarding: (1) the safeguarding of assets against loss from unauthorized use or disposition; and (2) the reliability of financial records for preparing financial statements and maintaining accountability for assets. The concept of reasonable assurance recognizes that: (1) the cost of a control should not exceed the benefits likely to be derived; and (2) the evaluation of costs and benefits requires estimates and judgments by management. All. internal control evaluations occur within the above framework. We believe that the County's internal accounting controls adequately safeguard assets and provide reasonable assurance of proper recording of financial transactions. 37 Formal budgetary integration is used as the year for all a management control device during maintained atthe fund governmental Bunds for County. Budgetary control is Debt Service, Capital Projects and Special AssessmenttheaFundseareladoptedeonna consistent stent with generally accepted accounting principles (GAAP), All appropriations lapse at year-end. The County's accounting system is organized and operated on a "fund" basis, which is the basic fiscal and accounting entity in government accounting. Each fund is classified by category and fund type. For descriptions of the County's funds, account groups and a summary of significant accounting Policies, see the notes to the financial statements. An abbreviated summary of the classes of funds is outlined below. GOVERNMENTAL FUNDS The Governmental Fund measurement focus is based upon determination of financial position and changes in financial position (sources, uses, and balances of financial resources)rather than upon net income determination. These funds are maintained on a modified accrual basis of accounting. Basic financial statements necessary to fairly present financial position and operating results for these funds are the balance sheet and the statement of revenues, expenditures and changes in fund balance. PROPRIETARY FUNDS The Proprietary Fund measurement focus is based upon the determination of net income, financial position and changes in financial position. These funds are maintained on an accrual basis of accounting. Basic financial required are the balance sheet, statements statement of revenues, expenses and changes in retained earnings, and statement of changes in financial position. FIDUCIARY FUNDS The measurement focus for Trust and Agency Funds is dependent on the nature of the fund. The Expendable Trust Fund is accounted for in essentially the same manner as the Governmental Funds, while Agency Funds are purely custodial (assets equal liabilities) and thus do not involve measurement of results of operations. ACCOUNT GROUPS The General Fixed Assets and General Long -Term Debt Account Groups are used to establish accounting control and accountability for the County's general fixed assets and general long-term debt. The County's general fixed assets (all fixed assets, except those accounted for in proprietary funds) are not financial resources available for expenditure. The unmatured principal of the County's general long-term debt (long-term liabilities not accounted for in proprietary funds) does not require the use of financial resources during the current accounting period. Accordingly, these are not accounted for in the governmental funds, but in self -balancing account groups. COMPREHENSIVE ANNUAL FINANCIAL REPORT This Comprehensive Annual Financial Report, together with the accounting budgetary systems, has been designed to conform to the standards set forth by the Governmental Accounting Standards Board, the Financial Accounting Standards Board, and the American Institute of Certified Public Accountants. Fund structure has been designed to comply with the legal requirements of the Florida Statutes, Ordinances of the County, and the legal requirements of the various bond resolutions. The fiscal year of the County begins October 1 and ends September 30, as required by Florida Statutes. All references to years in this report are to the fiscal year ended September 30 of the referenced year. MAR 2 41997 38 Boa 67 F, E687 r -MAR 2 4 1987 BOOK 67 F'tti,r_ 658 THE REPORTING ENTITY AND ITS SERVICES Indian River County is a Non -Charter County established under the Constitution and the Laws of the State of Florida. This Comprehensive Annual Financial Report includes the funds and account groups of the Board of County Commissioners and the Constitutional Officers (the Clerk of the Circuit Court, the Property Appraiser, the •Sheriff, the Supervisor of Elections and the Tax Collector). It also includes the following entities: The West Indian River County Fire District The North Indian River County Fire District The South Indian River County Fire District The Indian River County Law Library The Indian River County Housing Authority The Indian River County Hospital, Indian River County School Board District, and Indian River County Health Department are independent entities with separate taxing and budget authority and are not included in this report. Indian River County provides a full range of services contemplated by Statute and Ordinance, including General Government, Public Safety, Transportation, Physical and Economic Environment, Human Welfare, and Culture/Recreation services. GENERAL GOVERNMENTAL FUNCTIONS Total revenues for the General, Special Revenue, Debt Service, Capital Projects and Special Assessment Funds were $35,083,395, an increase of $7,224,781 over the 1985 fiscal year. Revenues for the 1986 fiscal year and the change from the previous year are as follows: The increase in taxes was due to the increase of the millage rate, first year collections of the local option gas tax and greater collections generated by the 1C Criminal Justice Facilities Tax. Increases in intergovernmental revenues were due to additional Federal and State grant monies, more funds received from State Revenue Sharing and increases of the 1/2C sales tax. Fees received by the Clerk and the Tax Collector and revenues from first year collections of traffic impact fees caused service charges to increase. Miscellaneous revenues increased due to an increase in interest earnings, higher collections of special assessments, sales of surplus County lands and increases in the general and administrative charges to the County's enter- prise funds. Total expenditures for The General, Special Revenues, Debt Service, Capital Projects and Special Assessment Funds were $37,513,067, an increase of $9,578,892 from the 1985 fiscal year. Expenditures for the 1986 fiscal year and the change from the previous year are as follows: INCREASE PERCENT (DECREASE) EXPENDITURES AMOUNT OF TOTAL OVER 1985 Current: General Government $ 7,385,581 19.7% INCREASE Public Safety 10,375,256 PERCENT (DECREASE) REVENUES AMOUNT OF TOTAL OVER 1985 Taxes $ 22,249,158 63.4 % $ 3,550,088 Licenses and permits 219,821 6,365,280 •6 18.1 17,251 655,084 Intergovernmental Charges for services 2,191,524 6.3 617,366 Fines and forfeitures 558,281 1.6 77,616 2,307,376 Miscellaneous 3,499,331 10,0 TOTAL REVENUES $ 35,083,395 100.0 % $ 7,224,781 The increase in taxes was due to the increase of the millage rate, first year collections of the local option gas tax and greater collections generated by the 1C Criminal Justice Facilities Tax. Increases in intergovernmental revenues were due to additional Federal and State grant monies, more funds received from State Revenue Sharing and increases of the 1/2C sales tax. Fees received by the Clerk and the Tax Collector and revenues from first year collections of traffic impact fees caused service charges to increase. Miscellaneous revenues increased due to an increase in interest earnings, higher collections of special assessments, sales of surplus County lands and increases in the general and administrative charges to the County's enter- prise funds. Total expenditures for The General, Special Revenues, Debt Service, Capital Projects and Special Assessment Funds were $37,513,067, an increase of $9,578,892 from the 1985 fiscal year. Expenditures for the 1986 fiscal year and the change from the previous year are as follows: INCREASE PERCENT (DECREASE) EXPENDITURES AMOUNT OF TOTAL OVER 1985 Current: General Government $ 7,385,581 19.7% $ 1,117,155 1,874,461 Public Safety 10,375,256 27.7 870,381 Physical Environment 4,078,489 10.9 415,846 Transportation 4,853,646 12.9 313,952 Economic Environment Human Services 503,028 1,215,961 1.3 3.2 244,210 Culture/Recreation 1,068,594 2.8 178,545 39 M M Debt Service: - The County Water and Sewer Fund was established to account for the operations of the water and sewer system. Principal 1,576,244 4.2 367,927 Interest 1,747,941 4.7 979,794 Capital Projects 4,708,327 12.6 3,216,621 TOTAL EXPENDITURES $ 37,513,067 100.00 % $ 9,578,892 General government expenditures increased due to the rising cost of insurance and utilities services and the addition of more people. Public safety expenditures increased due to more funds being provided for greater law enforcement and fire protection services. Construction of the Route 60 sewer line through a special assessment fund caused physical environment expenditures to increase. Transportation expenditures increased due to additional personnel and higher operating cost of maintaining roads and bridges. Construction expenditures for Victory Park, a low cost rental apartment complex, caused economic environment expenditures to increase. Human services expenditures increased due to an increase in the number of units provided by the Federal rental assistance program and an increase in state mandated funding for the county health department. Culture/recreation expenditures Increased due to increased funding for the libraries, in particular, full year funding for the Sebastian library -branch. The first principal and interest payment on the Refunding and Improvement Bonds caused debt service expenditures to increase. Capital projects expenditures increased due to initial costs for the extension of Indian River Boulevard and continuing costs for jail construction. ENTERPRISE FUNDS Water and Sewer System Fund - The County Water and Sewer Fund was established to account for the operations of the water and sewer system. The water and sewer system continues to increase the number of customers served and when the water and sewer transmission lines going West along Route 60 are completed, there will be a substantial increase in the number of customers. Comparative data for the past three years are presented in the following table: $ '672,953 $ 657,762 $ 475,664 Total operating expenses 1986 1985 1984 Total operating revenues Total $ 2,451,538 $ 1,447,672 $ 1,846,466 operating expenses $$ 1� $$ 1 ,� $ 1�10.�, 7 11 Net income (loss) $27,bl0 $ (86,845) Income available for debt service $ 1,015,853 $ 789,811 $ 1,043,780 Annual debt service _$___5_2_1.T3_9_ $TOT► $ 575,997 Coverage (income available for debt service divided by debt service) 1.95 1.91 1.81 Customers 8,120 6,636 5,913 Solid Waste System Fund - The Solid Waste System Fund was established to account for the operations of the Sanitary Landfill. Comparative data for the past three fiscal years are presented in the following table: 1986 Total operating revenues $ 1,299,481 Total operating expenses $ 710,295 Net income $�6T,24 Income available for debt service $ 670,468 Annual debt service $$ 179,b55d Coverage (income available for debt service divided by debt service) 3.73 Tonnage disposed. 153,529 1985 $ 897,915 X957 $ 98,947 $ 352,751 $ 180,434 1.96 116,825 1984 $ 724,072 $ 560,335 $ 20 ,819 $ 252,878 $x,263 1.42 93,137 County Building Fund - The County Building Fund was established to account for the operations of the Building Permit and Inspection Department. Comparative data for the past three fiscal years are. presented in the following table: 1986 1985 1984 Total operating revenues $ '672,953 $ 657,762 $ 475,664 Total operating expenses T_46,207 $ 453,$65 ${�T� Net income $ 202,399 $ 202,50 5 tt,b35 New Building Permits 1,109 922 984 LIAR 24 1987 40 BOOK FaIE6�zJ Fr - MAR 2 41987 Boa 67 FA E 690 INTERNAL SERVICE FUND The Internal Service Fund is used to account for the financing of goods or services provided by one department or agency to other departments or agencies of the governmental unit, or to other governmental units, on a cost reimbursement basis. Fleet Management had total operating revenues of $1,081,887, and total operating expenses of $1,057,436. Net income for the 1986 fiscal year was $3,425 compared to net income of $39,277 for the 1985 fiscal year. DEBT ADMINISTRATION The amount of debt retired during the past fiscal year and the outstanding principal balances at September 30 are as follows: Recreational Revenue Bonds - 1985 Refunding and Improvement Bonds - 1985 General Obligation Bonds - 1983 Solid Waste Disposal Bonds - 1977 Water S Sewer Revenue Bonds - 1979 Water E Sewer Revenue Bonds - 1979 If Water Revenue Bonds - 1980 Water E Sewer Revenue Bonds - 1982 For those debt obligations rated by the national rating agencies, the County's current ratings remain unchanged from the previous year. STANDARD E MOODY'S POOR'S Recreational Revenue Bonds Refunding and Improvement Bonds - 1985 Aaa AAA General Obligation Bonds - 1983 AAA Solid Waste Disposal Bonds - 1977 A A A A The Refunding and Improvement Bonds - 1985 are insured by MBIA. The Recreational Revenue Bonds - 1985 are insured by AMBAC. CASH MANAGEMENT The County continued an aggressive cash management policy during the 1986 fiscal year. Since all of the County's monies are now pooled in one account, banking services were put out for bid, resulting in a lower cost for banking services and better investment of idle County funds. Four accounts were established at the bank, the zero balance accounts (accounts payable, payroll, and cash deposits), and a concentration account. At the end of each business day, the zero balance accounts are closed to the concentration account, which is then invested in an overnight repo. An investment accotint was opened with the State Board of Administration (SBA) enabling the County to take advantage of the higher yields being offered by the SBA. MAJOR ACCOMPLISHMENTS The adoption of the 20 year Capital Road Improvements Program trill help the County to properly plan for the future improvement and construction of roads. This program was adopted after a two year project which involved a complete inventory and capacity analysis of the existing collector and arterial road system, and a computer model analysis of projected future roadway capacity needs using a 20 year planning horizon. Adoption of a "Fair Share Roadwav Improvements Ordinance" to levy a road impact fee on new development is expected to generate $2,000,000 per year. An increase in the local option gas tax from two cents to six cents should generate $1,900,000 per year. These two revenue sources, along with the 5th & 6th cent gas tax collected by the State and remitted to the County, will provide a large part of the funds needed to implement the 20 year Capital Road Improvements Program. During the 1986 fiscal year, eight roads were paved by use of the Petition Paving Program. Other road projects that were completed are as follows: 1) Three lane widening of 8th Street from Old Dixie Highway to US 1 at a cost of $170,000. 2) Construction of Lateral 'A' Road (66th Avenue) from County Road 510 to Schuman Drive at a cost of $120,000. 3) Construction of Lindsey Road (49th Street) from Kings Highway to US 1 at a cost of $350,000. 4) Widening of County Road 512 in front of the Sebastian Elementary School at a cost of $30,000. _ 41 BALANCE AMOUNT SEPTEMBER 30, RETIRED 1986 $ ---- $ 2,720,000 230,000 9,625.000 990,000 2,180,000 110,000 1,170,000 5,000 376,500 3,000 227,000 57,000 5,7159000 0 2,750,700 For those debt obligations rated by the national rating agencies, the County's current ratings remain unchanged from the previous year. STANDARD E MOODY'S POOR'S Recreational Revenue Bonds Refunding and Improvement Bonds - 1985 Aaa AAA General Obligation Bonds - 1983 AAA Solid Waste Disposal Bonds - 1977 A A A A The Refunding and Improvement Bonds - 1985 are insured by MBIA. The Recreational Revenue Bonds - 1985 are insured by AMBAC. CASH MANAGEMENT The County continued an aggressive cash management policy during the 1986 fiscal year. Since all of the County's monies are now pooled in one account, banking services were put out for bid, resulting in a lower cost for banking services and better investment of idle County funds. Four accounts were established at the bank, the zero balance accounts (accounts payable, payroll, and cash deposits), and a concentration account. At the end of each business day, the zero balance accounts are closed to the concentration account, which is then invested in an overnight repo. An investment accotint was opened with the State Board of Administration (SBA) enabling the County to take advantage of the higher yields being offered by the SBA. MAJOR ACCOMPLISHMENTS The adoption of the 20 year Capital Road Improvements Program trill help the County to properly plan for the future improvement and construction of roads. This program was adopted after a two year project which involved a complete inventory and capacity analysis of the existing collector and arterial road system, and a computer model analysis of projected future roadway capacity needs using a 20 year planning horizon. Adoption of a "Fair Share Roadwav Improvements Ordinance" to levy a road impact fee on new development is expected to generate $2,000,000 per year. An increase in the local option gas tax from two cents to six cents should generate $1,900,000 per year. These two revenue sources, along with the 5th & 6th cent gas tax collected by the State and remitted to the County, will provide a large part of the funds needed to implement the 20 year Capital Road Improvements Program. During the 1986 fiscal year, eight roads were paved by use of the Petition Paving Program. Other road projects that were completed are as follows: 1) Three lane widening of 8th Street from Old Dixie Highway to US 1 at a cost of $170,000. 2) Construction of Lateral 'A' Road (66th Avenue) from County Road 510 to Schuman Drive at a cost of $120,000. 3) Construction of Lindsey Road (49th Street) from Kings Highway to US 1 at a cost of $350,000. 4) Widening of County Road 512 in front of the Sebastian Elementary School at a cost of $30,000. _ 41 Traffic signal projects completed during the fiscal year are as follows: 1) School zone speed reduction beacons were installed at Rosewood Elementary, Dodgertown Elementary and Sebastian Elementary Schools. 2) Traffic signals were designed and constructed at the intersection of State Road 60 and 9th Avenue, US 1 and Roseland Road, and US 1 and 15th Place. 3) A micro computer program was developed to provide an inventory of all County maintained intersections showing the type of control and number of legs. Passage of the Library Bond Referendum by a 2 to 1 margin provided the impetus for the County to assume the control and responsibility of the libraries and provide for the future expansion of the library and provide for the future expansion of the library system. The Referendum was on the September 2, 1986 primary ballot which was conducted on the new punch card voting system. This new voting system has allowed the use of a computer to count the votes and greatly reduce the time required for vote counting. Phase I of the new County jail was substantially completed during the year and work on Phase 11 of the jail was started. Construction of a new administration building for the Sheriff along with a communication center for the 911 system was also started during the 1985-86 fiscal year. Bonds were issued in November, 1985 to provide funds for the construction of the Sandridge Golf Course, maintenance building, equipment storage building and club house. The County probation department was established to provided for the super- vision of probation cases and collection of fines. Over $90,000 in fines were collected during the 1985-1986 fiscal year. A safety and loss prevention program was organized to help control the County's insurance claims, including review of Worker's Compensation claims. Also, a joint safety committee was established between the County and the Communications Workers of America Union (CWA). Negotiations with the CWA led to a two year wage and hospitalization insurance agreement with a wage increase of 2% across the board and a merit increase of up to 36. Passage of a non-residential zoning conversion ordinance succeeded in having all land in the County zoned consistent with the County's Land Use Plan. An existing land use survey of the County was completed and the information was depicted graphically and in tabular form. Working with other local governments in the County, the County developed proposed new census tract, enumeration district, and block group boundaries for the 1990 census. These were transmitted to the Census Bureau for review. The County completed and obtained Florida Department of Community Affairs approval for the County's Barrier. Island Analysis. Prepared as per the Hutchinson Island Resource Management Plan requirements, the Barrier Island Analysis addresses transportation improvements necessary to serve anticipated development of the County's barrier island system. Small area plans were developed for the communities of Roseland and Winter Beach after numerous meetings were held with residents of those communities. These plans will provide assistance in reviewing future development requests. An education program was established in the building department to help all field personnel obtain certification. All the inspectors, with one exception, are now certified in their field of employment. Records in the building department are more readily available to the public for viewing as well as reproduction since the records are now on microfilm. FUTURE PROSPECTS Major construction projects that should be completed in the 1986-1987 fiscal year are Phase I and Phase II of the Count Jail, the Sheriff's Administration Building and Communications Center, the Sandridge Golf Course and related facilities, and the Route 60 sewer line extension. Work on the south extension of Indian River Boulevard and the widening of 12th Street is continuing and should be completed by August, 1987. Design work on the north extension of Indian River Boulevard should be completed by January, 1988. Indian River Boulevard will be a major north -south road in the County and should help alleviate the traffic congestion on US 1. A survey of the space and parking requirements of all departments will be done to provide a base for planning for the short and long term needs of County building and parking facilities. A major project to re -write the entire Indian River County Code will be started and will require extensive research. The goal is to have a Code that will be more consistent, organized and simpler to use. Planning projects to be accomplished during the next fiscal year are the completion of data collection and resource inventory for the County Comprehensive Plan, completion of the Commercial E Industrial Development Guide, completion of the transportation capital improvements plan update and completion of the Gifford small area plan. 42 MA R_ 2 41997 BOOP( U7 F1;t���l_ VAR 2 41 B o o K P,gGF. 692 Continuing population growth in Indian River County will provide an increase in the taxable value of land and buildings, increased sales tax collections, increased gas tax revenues and much larger revenue collections from the traffic impact fees. However, the increases in population will provide a much greater demand on the services provided by the County and the transportation network of the County. Careful planning and wise use of the resources of the county wi l l be needed to insure that the quality of life enjoyed by Indian River County residents does not deteriorate in the future. CERTIFICATE OF ACHIEVEMENT The Government Finance Officers Association of the United States and Canada (GFOA) awarded a Certificate of Achievement for Excellence in Financial Reporting to Indian River County, Florida for its Comprehensive Annual Financial Report for the fiscal year ended September 30, 1985. In order to be awarded a Certificate of Achievement a governmental unit must publish an easily readable and efficiently organized Comprehensive Annual Financial Report, which contents conform to program standards. Such reports must satisfy both generally accepted accounting principles and applicable legal requirements. A Certificate of Conformance is valid for a period of one year only. We believe our current report continues to conform to Certificate of Achievement Program requirements, and we are submitting it to GFOA to determine its eligibility for another certificate. INDEPENDENT AUDIT Section 11.45, Florida Statutes, requires an annual audit of all County agencies. This requirement has been complied with and the unqualified opinion of the auditors has been included in this report. ACKNOWLEDGEMENTS A comprehensive annual financial report of this nature could not have been prepared without the dedicated efforts of all staff members concerned. I would like to thank the staff of the Finance Department for their invaluable assistance in the preparation of this report. Thanks also go to Freda Wright, Clerk of the Circuit Court, the Board of County Commissioners and staff for their interest and support in planning and conducting the financial operations of the County in a responsible and progressive manner. Respectfully submitted, L�Gt%i`Lj7 i �/�- Edwin M. Fry, rel, CPA, Finance Director Mr. Landorf next reviewed the following Combined Balance Sheet: 43 L ASSETS INDIAN RIVER COUNTY, FLORIDA COMBINED BALANCE SHEET ALL FOND TYPES AND ACCOUNT GROUPS SEPTEMBER 30, 1986 GOVERNMENTAL FOND Equity in pooled cash and investments Accounts receivable - net Special assessments receivable - deferred Due from other funds Due from other governments Inventories Restricted cash and investments: Sinking Funds Renewal and replacement and capital projects Customer deposits Capital construction Property, plant and equipment Accumulated depreciation Unamortized bond costs Intangible assets Amount available in debt service Amount to be provided for retirement of general long-term debt TOTAL ASSETS LIABILITIES AND FUND EQUITY LIABILITIES Deficit in pooled cash and investments Accounts payable Retainage payable Due to other governments Other deposits held in escrow Contracts payable Deferred revenues Due to other funds Payable from restricted assets: Retainage payable Accrued interest payable Bonds payable - current portion Customer deposits Accrued compensated absences :rotes payable Capital leases Bonds payable TOTAL LIABILITIES FUND EQUITY Investment in general fixed assets Contributions Retained earnings: Reserved Unreserved - (deficit) Fund balances: Reserved Unreserved - (deficit) TOTAL FUND EQUITY - (deficit). TOTAL LIABILITIES AND FUND EQUITY SPECIAL DEBT GENERAL REVENUE SERVICE $ 4,578,345 $ 9,292,643 $ 1,176,796- 39,402 6,269 124 240,867 30,646 121 159,832 136,312 50,862 179,195 S 5.069.308 $$ 9� S 1.177.041 431,815 576,851 - 13,893 56,575 22,447 - 53,606 - 71,615 17,482 3,064 23,244 - - 15,207 - $ 652,062 $ 630,673 S 3,064 40,000 15,000 1,173,977 ,377,246 8,999,392 - s 4,417,246 $ 9,014,392 S 1.173,977 The accompanying notes are an integral part of the financial statements. 44 MAR 41987 BOOK 67 PAGE 6�` BOOK 67 u G F 69 S 4,594,766 $ 1.326,885 $ 1.112,837 $ - $ 2,498,979 $ - $ - $ 24,581,251 - - 552,582 2.527 - - - 600,904 6,087,606 - - - - - 6,087.606 7.629 - - - - - 279.263 - 448 - 260 • - - 296,852 - - 105.635 218.240 9.227 - - 563,159 - - 1.034.249 - - - - 1.034,249 - - 621,074 - - - - 621.074 - - 243.325 - - - - 243,325 - - 5.346,430 - - - - 5.346,430 - 26,429.476 225,123 - 32,338,686 - 58,993,285 - (2,691.632) (98,513) - - - (2,790,145) - 31,551 - - - - 31,551 300.000 - - - - 300.000 1,173,977 1.173.977 12,118,072 12,118,072 S 4,594,766 S 7 422 120 S 33� 085 975 S 347 377 S 50=8&.4 66 $ 32.338.686 S 13.292.049 5109.480.853 � �aa rSsa� S 137,813 $ - S - S 218.077 $ - $ - $ - $ 355,890 209,291 59,327 382,597 29.582 126,258 - - 1,815,721 227,490 94,915 - - - - - 336,298 - - _ - 538,211 - - 617,233 - _ _ - 1,582,281 - - 1,635,887 369,794 - - - - - - 369,794 - 6,087,606 - - - - - 6,179,767 256,019 - - 279,263 - 140,974 - - - - 140,974 - - 59,736 - - - - 59,736 - - 213,000 - - - - 213,000 - - 271,635 - - - - 271,635 - - 46,233 13,606 - - 510,892 570,731 - - - - 310,162 325,369 329,104 329,104 - 69015,575 12,664,832 - - - 12,141,891 30,822,298 S 944,388 S 12,257,423 S 13,779,007 S 261,265 S 2,502,769 S - S 13,292.049 $ 44,322,700 $ - S - $ - S - S - S 32,338,686 $ - S 32,338,686 - 16,563,872 312,120 - - - 16,875,992 - 1,466,604 - - - - 1,466,604 - 1,276,492 (226,008) - - - 1,050,484 3,789,779 - - - - - - 5,018,756 (139,401) (4,835,303) - - 5,697 - - 8,4079631 S 3,650,378 $ (4,835,303) S 19,306,968 S 86,112 S 5,697 S 32,338,686 $ - S 65,158,153 S 4.594,;66 SS 7 SS 33� 08 S S 2,508,466 S 12.°8,586_ S1 ,049 S109,4�80,853 45 e FIDUCIARY TYPES PROPRIETARY FUND TYPES FUND TYPES ACCOUNT GROUPS INTERNAL SERVICE GENERAL TOTALS CAPITAL SPECIAL (FLEET TRUST AND GENERAL LONG-TERM (MEMORANDUM PROJECTS ASSESSMENT ENTERPRISE MANAGEMENT) AGENCY FIRED ASSETS DEBT ONLY) S 4,594,766 $ 1.326,885 $ 1.112,837 $ - $ 2,498,979 $ - $ - $ 24,581,251 - - 552,582 2.527 - - - 600,904 6,087,606 - - - - - 6,087.606 7.629 - - - - - 279.263 - 448 - 260 • - - 296,852 - - 105.635 218.240 9.227 - - 563,159 - - 1.034.249 - - - - 1.034,249 - - 621,074 - - - - 621.074 - - 243.325 - - - - 243,325 - - 5.346,430 - - - - 5.346,430 - 26,429.476 225,123 - 32,338,686 - 58,993,285 - (2,691.632) (98,513) - - - (2,790,145) - 31,551 - - - - 31,551 300.000 - - - - 300.000 1,173,977 1.173.977 12,118,072 12,118,072 S 4,594,766 S 7 422 120 S 33� 085 975 S 347 377 S 50=8&.4 66 $ 32.338.686 S 13.292.049 5109.480.853 � �aa rSsa� S 137,813 $ - S - S 218.077 $ - $ - $ - $ 355,890 209,291 59,327 382,597 29.582 126,258 - - 1,815,721 227,490 94,915 - - - - - 336,298 - - _ - 538,211 - - 617,233 - _ _ - 1,582,281 - - 1,635,887 369,794 - - - - - - 369,794 - 6,087,606 - - - - - 6,179,767 256,019 - - 279,263 - 140,974 - - - - 140,974 - - 59,736 - - - - 59,736 - - 213,000 - - - - 213,000 - - 271,635 - - - - 271,635 - - 46,233 13,606 - - 510,892 570,731 - - - - 310,162 325,369 329,104 329,104 - 69015,575 12,664,832 - - - 12,141,891 30,822,298 S 944,388 S 12,257,423 S 13,779,007 S 261,265 S 2,502,769 S - S 13,292.049 $ 44,322,700 $ - S - $ - S - S - S 32,338,686 $ - S 32,338,686 - 16,563,872 312,120 - - - 16,875,992 - 1,466,604 - - - - 1,466,604 - 1,276,492 (226,008) - - - 1,050,484 3,789,779 - - - - - - 5,018,756 (139,401) (4,835,303) - - 5,697 - - 8,4079631 S 3,650,378 $ (4,835,303) S 19,306,968 S 86,112 S 5,697 S 32,338,686 $ - S 65,158,153 S 4.594,;66 SS 7 SS 33� 08 S S 2,508,466 S 12.°8,586_ S1 ,049 S109,4�80,853 45 e Chairman Scurlock.noted that Page 5 shows our enterprise accounts have increased from $1.8 million to $1.95 million, and felt that was pretty healthy. Further, we have increased our utility customer base from 2,000-3,000 to over 10,000 reserved ERUs, and that figure is growing very rapidly. Mr. Landorf explained that based on the scope of their examination, they are reporting no weaknesses in the County system of internal auditing. He felt that this report reflects well on the County's operations and their commitment to a sound accounting system and strong fiscal management. Chairman Scurlock pointed out that one of the auditor's comments on management was in regard to us reconciling the deposits in our Utility Division. Mr. Landorf felt that particular comment and that particular issue would be resolved this fiscal year and would not appear again next year. He understood that this Board has even appro- priated some money to get that particular item corrected. Mr. Landorf realized that the Board has not had an opportunity to go over this before today's meeting, and stated he would be glad to come back at a later date to answer any specific questions the Board may have. ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously accepted the 1987 Comprehensive Annual Financial Report with the understanding that Mr. Landorf would return at a later date to answer any questions regarding the audit. PUBLIC HEARING - REQUEST BY DANIEL PREUSS AND WAYNE SOMMERS TO REZONE .30 ACRES FROM RS -6 TO RM -6 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: 46 � MAR 2 4 1987 BOOK 67 F .,c.6:J)5 r MAR 2 4 1987 VERO BEACH PRESS -JOURNAL Published Daily 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 daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being �_� .4, a in the matter in the _ fished in said newspaper in the issues of ry X/ Zfl Court, was put - Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publica+`on of the attached copy of advertisement; and affiant further says that he has neither paid not promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. /y�///� Sworn ;o and subscribed before me this 77V_ day ofAkJA.D. 19 :ZZ (SEAL) (Clerk of the Circuit Court, Indian River Uounty, Florida) NOTICE PUBLIC HEAWNG Notice of hewli.— to Consider the adoption 01 Single-Fam�Iily R951dentla/D�1ct (up to B unite/MutopwF- tial D* acre)(uP to 6 nits to r pyropertYFIN"nowned by triet Daniel 1. Preuss and Weynis desCrItIO The 6018 0t R�l� Gardens Sub, dIV don1a col tt a P a• recorded In Platoo page 6 of the m1hue records of Indlen River County, A and The Board reviewed the following memo dated 2/77/87: Interest I Comm - la In the ao, gat Gountyhthngre d ay d�a iis- tlngRT-8. Two -Family �s te Met mneW in TAH sriv °_t_ TO: The Honorable Members DATE: February 17, 1987 FILE: • of the Board of County Commissioners DIVISION HEAD CONCURRENCE: SUBJECT: REQUEST BY DANIEL PREUSS Robert M. Ke7tin§, ICP & WAYNE SOMMERS TO REZONE Planning & Development Director .30 ACRES FROM RS -6 TO RM -6 Dd'S THROUGH: Richard M. Shearer N" Chief, Long -Range Planning FROM: David C. Nearing, REFERENCES.- Staff EFERENCES:Staff Planner, 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 March 24, 1987. DESCRIPTION & CONDITIONS Daniel Preuss and Wayne Sommers, tenants in common, are requesting to rezone one lot in the Roseland Gardens Subdivision 47 77 from RS -6, Single -Family Residential District (up to 6 units/acre) to RM -6, Multiple -Family Residential District _(up to 6 units/acre). The total area involved in the rezoning consists of .30 acres. The applicants intend to develop this lot for a duplex. On December 2, 1986, the Board of County Commissioners rezoned the lot located immediately north of the subject property from RS -6 to RM -6. On February 12, 1987, the Planning and Zoning Commission voted 7 -to -O 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 1. North: Single -Family Homes, Duplexes and Vacant Lots zoned RM -6. 2. South: Single -Family Homes and Vacant Lots zoned RS -6. 3. East: Single -Family Homes, Duplexes and Vacant Lots zoned RM -6. 4. West: Single -Family Homes and Vacant Lots zoned RS -6. Future Land Use Pattern The Comprehensive Plan designates the subject property and all of the land around it as LD -2, Low -Density Residential (allowing up to 6 units/acre). Roseland Gardens Subdivision is currently evolving from a predominantly single-family subdivision to one which contains - half single-family residences and half duplexes. In the last three years the majority of the construction within the area currently zoned RM -6 has been for duplexes. Because of this trend in development, staff feels that additional lots should be made available for duplexes within this subdivision. Transportation System The subject property has direct access to Mulberry Street (classified as a local street on the Thoroughfare Plan). The maximum development of the subject property under RM -6 zoning could generate up to 14 average annual daily trips. Environment The subject property is not designated as environmentally sensitive nor is it in a flood -prone area. Utilities Neither County water nor wastewater facilities are available for this subdivision. RECOMMENDATION Based on the above analysis, and Planning and Zoning Commission, staff 48 i 4�y.197 the recommendation of the recommends approval. Boos Fa;F. ��i MAS 2 4 197 BOOK 6 7 uGE 69 8 Richard Shearer, Chief of Long -Range Planning, pointed out the subject property on an aerial map of the area which is half single-family homes and half duplexes. He noted that the Board rezoned a lot immediately north of the subject property to RM -6 in December, 1986. Mr. Shearer stressed that there have been several requests for duplexes in the area in the last few years. Staff feels that in the future, instead of RM -6, the Board may want to consider having all of this zoned RT -6, which is 2 -family duplex. All the lots between the subject property and Campbell Avenue to the south are vacant lots, and staff feels that Campbell Avenue definitely should be the boundary line for duplexes. There is a lot of demand for duplexes in this area, and part of the reason for this rezoning request is that many of the lots in the area currently zoned multiple -family are too small for duplexes as they are only 10,000 sq. ft. and we require 12,000 sq. ft. for duplexes in this zoning district and land use. Chairman Scurlock did not feel it was the County's problem, especially since there are other lots available that are large enough for duplexes. Mr. Shearer believed there are some vacant lots in the area that might be available, but the question is whether or not they are for sale. Chairman Scurlock did not feel that was the issue; the issue is whether multiple family is encroaching on single family. Mr. Shearer noted that there were no duplexes between the subject property and Campbell Avenue, and noted that the aerial shows two single-family homes right at Campbell 6 Roseland Road. Commissioner Bowman asked if those two houses would be non -conforming if they ran that line down to Campbell Avenue, and Mr. Shearer explained that both the RM -6 and RT -6 zoning districts allow single family dwellings. Considerable discussion took place on just how many single family homes were in this area, and Commissioner Wheeler felt it 49 r � � looks like staff is taking the RM -6 line down to the RS -6 line and clipping that line down a lot at a time. Chairman Scurlock opened the Public Hearing and asked if anyone wished to be heard. James A. Wildin, 8445 Campbell Avenue, expressed his opposition to the proposed rezoning request. He explained that his home is on the southeast corner of Campbell Avenue on Mulberry and faces the property that is under consideration. He knows the line cannot be moved any further south because those are single-family lots to the south. When he bought his lot 9 years ago, it was single-family zoning, and he understood that it was to remain that way. Mr. Wildin pointed out that they have already encroached on the single-family area and are wanting to move that line down one lot at a time. Further, the residents in the duplex area access their homes through the streets to the south, and these roads are not County roads, although they are dedicated County roads. He pointed out that Campbell Avenue is a direct route for people driving from the Sebastian Highlands to Roseland Road, and the traffic is unbelievable. Wayne Sommers, one of the co-owners of the subject property, wanted to clear up several points: 1) They are not asking for an increase in the densities since the lot in question contains 15,000 square feet, which is over a quarter of an acre, and the present zoning allows for 6 upa. 2) Staff has given their recommendation for the rezoning, as well as the Planning 6 Zoning Commission. 3) As far as the increased traffic is concerned, most of the traffic on Campbell Avenue comes from Sebastian Highlands, which is predominantly single family. 4) The duplex -zoned area takes in about 48 or 49 lots, which is approximately half of Roseland Gardens, so the people who bought and live here knew it was a duplexed-zoned area. Mr. Sommers did not feel that he was trying to affect the property values negatively by asking that this zoning district be 5 o LIAR 4 ,198% BOOK 6`� u,E 69" J MAR 2 4.1987 BOOK 67 F,�,E 700 increased by one lot. He pointed out that they would have to go through the site plan process with landscaping and buffering, and they have designed the duplex to be very nice and not a deterrent to the neighborhood. Mr. Sommers advised that they have signed an agreement.with the County that they will maintain the road in front of this duplex regardless of what the rest of the property owners in Roseland Gardens decide to do. He is a member of the Board of Directors of the recently reactivated homeowners association, and they are addressing the problems in the subdivision and looking at feasibility studies and alternatives on road maintenance in this area. Mr. Sommers concluded by stating that he did not feel this lot was going to be incompatible with what is in there, and they don't feel that they are out of line in requesting the rezoning. Commissioner Eggert asked why staff didn't request the RT -6 now, and Mr. Shearer explained that part of the reason is that there is existing RM -6 to the north, and instead of having one lot zoned RT -6, it seemed more sensible to do RM -6. However, he felt we probably should convert all of this to RT -6 sometime in the future. Milton Stocker, 8406 Floraland Avenue, felt we are not talking about density or anything else here. He believed we are talking about realtors' profit, and while he appreciates that the applicants want to realize as much out of their investment as possible, he is in the same position. He has his life savings tied up in property that he bought in good faith. He purchased lots 9 and 10 on Block 7 because of the way Roseland Gardens was zoned, and if he had wanted to live in a duplex area, he would have bought in a duplex area. Mr. Stocker urged the Board to stop this rezoning. Wanda Wildin, 8445 Campbell Avenue, believed that although Mr. Sommers plans to landscape the duplex, the rental units will go downhill because they will never be maintained properly. 51 Ann Tyson, 560 Durant Street, pointed out that when they bought their property, there was a definite line with duplexes on one side and single family homes on the other, and she doesn't want to see that line crossed. Although she owns two duplexes on oversized lots on Hotchkiss and Mulberry, she urged the Board not to drop the line down any further. Mrs. John Wilson, 8435 Campbell Avenue, next door neighbor of the Wildins, also opposed the rezoning. They also built there with the knowledge that duplexes were to remain on the other side of Hotchkiss. She believed the creeping duplex line would decrease the value of the homes on Campbell, and being an older person, she may be forced to sell her home to take care of herself and did not want her home to lose its value. Mrs. Wilson feared that once these applicants gain this rezoning, there will be more requests to come even closer to the single-family district. Chairman Scurlock again asked staff the reason for moving that line down to Campbell Avenue, and Mr. Shearer repeated that staff does not feel that the line should go below Campbell and this particular lot is large enough for a duplex. The developers have said that it is difficult to find lots north of this that are large enough for duplexes. ours. Chairman Scurlock did not feel that should be a concern of Director Keating noted that it is easier to set a line using a road as a boundary. Commissioner Eggert remembered sweating blood over this line when she served on the Planning & Zoning Commission, and Commissioner Bird understood that we are being asked to cross that line by one more lot. Applicant Dan Pruess pointed out the original duplex line on the aerial map and noted that Lot #5 was the lot that broke the barrier, but Commissioner Eggert understood there are no duplexes west of that line at present. 5 2 MAR 2 41987 BOOK 6 `�7 F',4 '-)F. 701 F" - MAR MAR 2 41987 BOOK 6'1 FSH 702 Commissioner Bowman did not feel that Campbell Avenue was a good breaking point, as she preferred to have all of the frontage on Roseland Road zoned single family. There being no others who wished to be heard, the Chairman declared the Public Hearing closed. MOTION WAS MADE by Commissioner Wheeler, SECONDED by Commissioner Bowman, that the Board deny the request to rezone .30 acres from RS -6 to RM -6. Under discussion, Commissioner Bird stated he was in favor of the denial as he did not see why the line should be moved at this time, and Commissioner Eggert agreed. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. PUBLIC HEARING - TRIPSON REQUEST TO REZONE 40 ACRES FROM RS -3 TO A-1 The hour of 9:05 o'clock having passed, the Deputy Clerk read the following Notice with Proof of Publication.attached, to wit: VERO BEACH PRESS -JOURNAL Published Daily 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 daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being in the matter of v/ rte _ in the //�% o �Court, was pub- lished in said newspaper In the issues of _0*&74��� Zfz Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County. Florida. and that the said newsoaoer has heretofore been continuously published in said Indian River Co:inty, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says trial he has neither paid nor orr raised any person, firm or corporation any discount. rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper.//�",,�w/f/1i Sworn to and subscribed before me this . day of zed A.D. 19 V�� (SEAL) Indian Chier County, Florida) 53 NOTICE — PUBUC HBARMa o1 howl" M con0r the Thadopdon d -rdinence resonirig IerM Irorri: RSa, miiy eidentlel OA•1, Agdpil- net. The pic to suoleat propoM b pre-aitly rael of 27th AvenuearendTTaa�itl�i o1 17N V. 6,ockwoW Furore Com lei In the office of the Clark of the C court of St. urca Counts Florida. and Mod therein M � beelft In Indian W Counq, A prWb heann9 -t which Partlea In Intel and dtwia shall have an opportunity to be head, wld be had by the Board of County Com- i mhsialae of Indian River County, Florida in the ty Cemmusion Cfumbere of the county Street Vpe-rUooBeach. Florida. lorida. an at 1644 25th TuseO-Y. March 24,1987 at 9:05 a.m. Ariyom who may wish to appaN any decision whkti may be made at dile mein" wi5 neW to Meale Mat -verbatim record of the proceedlnp to made, which Includes teatlmbhY and evidence upon which IWIann Riv�Countybaa0. , Board of Ciouniv CommwaJaars lgVy.00n C. Jr.. Chairman Mamhch 4,1687 L7 The Board reviewed the following memo dated 2/23/87: TO: The Honorable Members DATE: February 23, 1987 FILE' of the Board of County ' Commissioners DIVISION HEAD CONCURRENCE: SUBJECT: TRIPSON REQUEST TO REZONE Robert M. Ce .ing, AICP 40 ACRES FROM RS -3, Planning & Development Director SINGLE-FAMILY RESIDENTIAL DISTRICT, TO A-11 AGRICULTURAL DISTRICT FROM: RiPot chard 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 March 24, 1987. DESCRIPTION & CONDITIONS Michael O'Haire, an agent for John and Barbara Tripson, the owners, is requesting to rezone 40 acres located one-quarter mile west of 27th Avenue on the south side of 17th Street (Lockwood Lane) from RS -3, Single -Family Residential District (up to 3 units/acre), to A-1, Agricultural District (up to .2 units/acre). On February 12, 1987; the Planning and Zoning Commission voted 7 -to -0 to recommend approval of this request. ALTERNATIVES & ANALYSIS In this section, cation will be I tion of the cur: rounding areas, utility systems, mental quality. an analysis of the reasonableness of the appli- )resented. The analysis will include a descrip- rent and future land uses of the site and sur - potential impacts on the transportation and and any significant adverse impacts on environ - Existing Land Use Pattern The subject property and the land south of it are part of a dairy farm and are zoned RS -3. The 40 acre tract of land immediately east of the subject property is also part of the dairy and is currently zoned A-1. North of the subject property is undeveloped land and pasture land zoned RS -3. West of the subject property are citrus groves and undeveloped land zoned RS -3. Future Land Use Pattern The Comprehensive Plan designates the subject property and all of the land around it as LD -1, Low -Density Residential l(up to 3 units/acre). While the current RS -3 zoning of this area is in conformance with the Comprehensive Plan, all of the land within one-quarter mile of the subject property is devoted to agricultural use or is undeveloped. Rezoning this property to A-1 would bring the existing use of the property into conformance with the zoning ordinance, would be consistent with the surrounding agricultural land uses and would be a natural continuation of the A-1 zoning to the east. 54 MAR /� e10 7 BOOK 67 Fr.GE ��$ Ir VAR 2 4 1987 Transportation System BOOK 67 FACE 704 The subject property has direct access to 17th Street Southwest (classified as a primary collector street on the County's Thoroughfare Plan). The maximum development of the subject property under A-1 zoning could generate up to 56 average annual daily trips. Environment The subject property is not designated a of environmentally the subject sensitive; however, approximately 50 pe property is designated as flood zone A on the flood insurance is wihin the rate mapj indicating theareaenerallyt located l�n ther centrallaand The flood -prone areasg southeastern portions of the property. utilities County water and wastewater facilities are not available. RECOMMENDATION Based on the above analysis, including the Planning and Zoning Commission's recommendation, staff recommends approval. The Chairman opened the Public Hearing and asked if anyone wished to be heard. Attorney Michael O'Haire, representing the applicant, stated he would be glad to answer any questions on this rezoning request. There being no others who wished to be heard, the Chairman declared the Public Hearing closed. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously adopted Ordinance 87-30, rezoning 40 acres from RS -3, to A-1, as requested by John and Barbara Tripson. 55 ORDINANCE NO. 87- 30 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR THE PROPERTY DESCRIBED HEREIN, AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, The Planning and Zoning Commission, sitting as the local planning agency on such matters, has held a public hearing and subsequently made a recommendation regarding this rezoning request; and WHEREAS, The Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property; and WHEREAS, The Board of County Commissioners has determined that this rezoning is in conformance with the Land Use Element of the Comprehensive Plan of Indian River County; and WHEREAS, The Board of County Commissioners has held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian River County, Florida, that the Zoning of the following described property situated in Indian River County, Florida, to -wit: Tract 2, Section 34, Township 33 South, Range 39 East, according to the last general plat of lands of Indian River Farms Company, filed in the Office of the Clerk of the Circuit Court of ,St. Lucie County, Florida, and recorded therein in Plat Book 2, page 25, said land now lying and being in Indian River County, Florida. Be changed from RS -3, Single -Family Residential District, to A-1, Agricultural 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 March , 1987. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By 11� c Don C. Scur ock, Jr. Chairman ATTEST BY:/J , FRE WRIGHT, C1 k 56 BOOK D 9 F'1ut705 MAR 2 4 1987 BOOK 67 rn, 706 PUBLIC HEARING - ESTABLISHMENT OF BOUNDARIES FOR 65 -ACRE TOURIST COMMERCIAL NODE ON THE WEST SIDE OF THE INDIAN RIVER AND SOUTH OF THE NORTH RELIEF CANAL 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 c Vero Beach, Indian River County, Florida`s ` COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr, who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being in the matter of �,6 � - in the Court, was pub- lished in said newspaper in the issues of Affiant further says that the said Vero Beach Press-Joumal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next Dreceeding 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. �'�/�,!�//��j Sworn to and subxribed be rem this day of 4��e/ A. D. h.(Business Manager) (Clerk of the Circuit Cou , Indian River County, Florida) (SEAL) Grand Harbor Tourist/ Commercial Node RS -1 — Pi Proposed Noce 8pJr:ary NOTICE OF REOUTATION OF LAND LV -- NOTICE OF PUBLIC NEARING TO CONSIDER TME rd of County C ils," of indim River County. I panted in mteren and c. -:ens shall have an opppr- r Chambers o• nn Cod• ajm;mma00n Budding, lo- on Tuesday. March Ya. 162' at 9:05 aJp. t0 consider A map at the proposed rade boundary O avai40kf at ire Flnainrg Ca:anmem oma on me see• and floor at the County Admmletraban Bulling. Anyerre wha may rristr a appeal any deerolon whiph M meas a• y.,a Meetingwip ossa a coeurs that a verbenm record of Ns prtreeedmgs :e meas vehiUr in0-:as :asamony and need ap011 which Indian River County Boars of County Comrt4alaron By--rpon C. Scurlock. Jr. C n 1Aarch t, 1947 The Board reviewed the following memo dated 2/17/87: TO: The Honorable Members DATE: February 17, 1987FELE: • of the Board of County Commissioners DIVISION HEAD CONCURRENCE: r SUBJECT: ESTABLISHMENT OF BOUND - Robert Me Kedl/-ingironCP ARIES FOR THE 65 ACRE Planning & Development Director TOURIST COMMERCIAL NODE LOCATED ON THE WEST SIDE THROUGH: Richard Me Shearer', AICP OF THE INDIAN RIVER AND Chief, Long -Range Planning SOUTH OF THE NORTH RELIEF CANAL FROM: Jeffrey A. Goulet,�% REFERENCES: Staff Planner, 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 March 24, 1987. 57 DESCRIPTION & CONDITIONS The Planning Department is initiating a request to establish boundaries for the 65 acre tourist commercial node located on the west side of the Indian River and south of the North Relief Canal. On September 12, 1984, the Board of County Commissioners adopted an amendment to the. text of the Land Use Element of the Comprehensive Plan which provided for establishing boundaries for each of the nodes as generally described in the text.of the Land Use Element of the Comprehensive Plan. On October 23, 1985, the Board of County Commissioners adopted an amendment to the text of the Land Use Element of the Comprehensive Plan which established a 65 acre tourist commercial node located on the west side of the Indian River at its approximate intersection with 49th Street. At this time, the Commission also rezoned 60.73 acres at this location to,CG, General. Commercial District, to accommodate a marina for the Grand Harbor Development. On October 14, 1986, the Board of County Commissioners voted 5 -to -0 to rezone 58.39 acres located on the west side of the Indian River and south of the North Relief Canal from RM -6, Multiple -Family Residential District (up to 6 units/acre) and RS -6, Single -Family Residential District (up to 6 units/acre) to CG, General Commercial District, and to rezone 60.73 acres, located immediately south of the 58.39 acre parcel from CG to RM -6. These rezonings were done to provide a more efficient land use pattern within the overall development plan for Grand Harbor. On February 12, 1987, the Planning and Zoning Commission voted 7 -to -0 to recommend approval of the proposed boundaries for the Grand Harbor Tourist/Commercial Node. ALTERNATIVES & ANALYSIS The proposed boundaries of the Grand Harbor Tourist/ Commercial Node were prepared based on the following criteria: 1. The general description and size constraint of the node as described in the text of the Land Use Element; 2. The existing commercial uses in the general area of the node; 3. The existing zoning pattern; 4. Property boundaries; 5. Traffic considerations; 6. Environmental considerations. All of the nodes are generally described in the Comprehensive Plan. The Grand Harbor Tourist/Commercial Node is described as: A sixty-five (65) acre tourist/commercial node is located on the west side of the Indian river at its approximate intersection with the 49th Street extension." All of the property proposed for inclusion in the node is zoned CG, General Commercial District, and is part of the Grand Harbor Development of Regional Impact. WAR 2 4.6987 58 Bou 67 P�k,UE 707 MAR 2 4 1997 Existing Land Use Pattern Boa 67 FA13F 708 The subject property consists of citrus groves, undeveloped land, dredged waterways, filled land, and mangrove marsh. North of the subject property is filled land zoned RM -6 and a sedimentation basin located between the North Relief Canal and the Indian River Lagoon zoned RS -1, Single -Family Residential District. Further north, across the North Relief Canal, are citrus groves and a mangrove marsh zoned RS -3, Single -Family Residential District (up to 3 units/acre) and RS -1. East of the subject property is the Indian River Lagoon. South of the subject property is filled land and a mangrove marsh zoned RM -6. West of the subject property are citrus groves zoned RM -6. Future Land Use Pattern The property located north of the node is designated LD -1, Low Density Residential 1 (up to 3 units/acre), and Environmentally Sensitive (up to 1 unit/acre) on the Comprehensive Plan. The land located west of the subject property is designated MD -1, Medium -Density Residential 1 (up to 8 units/acre). The Land South of the subject property is designated MD -1 and Environmentally Sensitive. Transportation System The subject property will have indirect access to U.S. #1 and North Indian River Boulevard (both classified as arterial streets on the County's Thoroughfare Plan). Environment Approximately two (2) acres within the proposed boundaries of the Grand Harbor Tourist Commercial Node are designated as environmentally sensitive. The subject property is also located in an A9 flood zone, indicating an area within the 100 year flood plain. Utilities County water and wastewater facilities are not currently available for the subject property. RECOMMENDATION Based on the above analysis, including the Planning and Zoning Commission's recommendation, staff recommends approval of the proposed boundaries of the Grand Harbor Tourist/Commercial Node. The Chairman opened the Public Hearing and asked if anyone wished to be heard. There being none, the Chairman declared the Public Hearing closed. 59 4 ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board adopted Ordinance 87-31, establishing boundaries for the 65 -acre tourist commercial node located on the west side of the Indian River at its approximate intersection with the 49th Street extension. MAR 2 4 1987 60 BOOP( �7 rp, MAR 2 4 1987 Boox 6 7 F,v E 710 ORDINANCE NO. 87 -31 AN ORDINANCEOF INDIAN RIVER COUNTY, FLORIDA ESTABLISHING BOUNDARIES FOR THE 65 ACRE TOURIST COMMERCIAL NODE LOCATED ON THE WEST SIDE OF THE INDIAN RIVER AT ITS APPROXIMATE INTERSECTION WITH THE 49TH STREET EXTENSION AS GENERALLY DESCRIBED IN THE TEXT OF THE LAND USE ELEMENT AND DEPICTED ON THE LAND USE MAP OF THE LAND USE ELEMENT OF THE COUNTY'S COMPREHENSIVE PLAN; PROVIDING FOR THE BOUNDARY MAP, DESCRIPTION OF THE NODE AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Indian River County, Florida have amended the County's Comprehensive Plan to provide for establishing boundaries for every commer- cial, commercial/ industrial, industrial, tourist/commercial, and hospital/commercial node; and WHEREAS, The Planning and Zoning Commission has held a public hearing and subsequently made a recommendation to establish boundaries for this node; -and, WHEREAS, The Board of County Commissioners has held a public hearing on these proposed boundaries at which parties in interest and citizens had an opportunity to be heard; and, WHEREAS, The Board of County Commissioners is empowered to adopt these boundaries to assist in the implementation of the County's Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian River County, Florida, that: The attached map labeled as "Attachment All and the description labeled as "Attachment B" shall be the official boundaries of the 65 acre Tourist/ Commercial Node located on the west side of the Indian River at its approximate intersection with the 49th Street extension. SECTION 2 EFFECTIVE DATE The provisions of this ordinance shall become effective upon receipt from the Florida Secretary of State of official 61 ORDINANCE NO. 87 - 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 the 24th day of March 1987. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY: DON C. SCURLOCK, Jr.& HAIRMAN ATTEST BY: Freda 4right, 1 rk Acknowledgment by the Department of State of the State of Florida this 30th day of March , 1987. Effective Date: Acknowledgment from the Department of State received on this 2nd day of April , 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. APPROVED AS TO PLANNING AND DEVELOPT,IENT MATTERS. A Richard M. Shearer Chief, Long -Range Planning MAR 2 4 1987 62 BOOK 67 Fr�H 711 Fr - MAR 2 4 1987 ATTACHMENT "A" Grand Harbor Tourist/ Commercial Node ir 53rd St.. a YJ we BOOR 6 7 pgF71 —• Node Boundary 63 h V Z 4 Z "1 70 , f 5 ..........:: . .: . . . . . . . . . . ... n•n. —• Node Boundary 63 r ATTACHMENT B LEGAL DESCRIPTION GRAND HARBOR TOURIST COMMERCIAL NODE A parcel of land lying in part of Government Lots 1 and 2, Section 13, part of the Southeast quarter of Section 14; part of Government Lot 1 and the west half of the northwest quarter of Section 24; and a part of the northeast quarter.of Section 23; all in Township 32 south, Range 39 east, Indian River County, Florida; the boundary of said parcel being more particularly described as follows: From a concrete monument marking the Section corner to the aforesaid Section 13, 14, 23, and 24, run North 89 degrees 56' 17" West, along the section line 66.03 feet to the Point of Beginning of the parcel to be described herein; thence run North 00 degrees 5' 48" East on a line parallel to the east line of said section 14, a distance of 1098.46 feet; thence south 89 degrees 54' 12" East, into Government Lot 2 of Section 13, a distance of 753.49 feet; thence North 14 degrees 37' 41" West, 436.84 feet; thence North 00 degrees 04' 01" East, 262.27 feet; thence South 89 degrees 55' 59" East, 361.87 feet, more or less, to a point on the mean high water line of the West Shore of the Indian River; which line was established uner procedures approved by the State of Florida Department of Natural Resources dated April 1, 1985; thence following the mean high water line, run the following courses and distances; South 00 degrees 29' 30" East, 144:84 feet; South 13 degrees 34' 40" East, 86.73 feet; South 21 degrees 28' 43" East, 103.49 feet; South 22 degrees 02' 39" Wast, 94.41 feet; South 25 degrees 27' 46" East, 103.76 feet; South 23 degrees 40' 50" East, 99.55 feet, South 25 degrees 01' 04" East, 99.99 feet; - South 23 degrees 09' 05" East, 97.94 feet; South 23 degrees 05' 40" East, 100.81 feet South 36 degrees 10' 53" East, 97.38 feet; South 34 degrees 45' 07" East, 101.41 feet; South 33 degrees 15' 12" East, 101.24 feet; South 33 degrees 07' 40" East, 48.14 feet.- South eet;South 13 degrees 51' 14" East, 56.55 feet; South 14 degrees 44' 02" East, 100.50 feet; South 13 degrees 38' 12" East, 106.16 feet; thence leaving the mean high water line, run south 55 degrees 50' 42" West, 489.80 feet to a point in the west half of said Section 24; thence South 00 degrees 04' 01" West 366.28 feet; thence North 89 degrees 55',59" West, 1227.98 feet to a,point in the Northeast quarter of said Section 23; thence run North 00 degrees 00' 40" East on a line parallel to the East line of Section 23, 566.20 feet, more or less, to the Point of Beginning. Containing 58.387 acres, more or less. r'7 L`cl; ^� M 419 7 6� BOOK G FF�GF 113 1 BOOK 67 f rr. - 71 PUBLIC HEARING - AMENDMENT TO LIGHT INDUSTRIAL ZONING DISTRICT TO ALLOW SELECTED STONE, CLAY, GLASS & CONCRETE PRODUCTS 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 Daily J Vero Beach, Indian River County,; -Florida Na roto SIDEERTHHEeAaNa BLI COUNTY OF INDIAN RIVER: STATE OF FLORIDA ''. �� ' - Before the undersigned authority personally appeared J. Jr. who OITOath ADOPTION OF A COUNTY ORDINANCE NOTICE IS HEREBY GIVEN that the Board of ,i.`Schumann, says that he is Business Manager of the Vero Beach Press -Journal, -6 daily newspaper puWhed County Commissioners of Indian River County, Florida, Shan hold a public hearing at which par- arat atVero Beach in Indian River County, Florida; that the attached copyistn�fvegisemerrt!being / ..-_.'.• l -• ....l" Use In Interest wall citizens shall have an oppw- tuniry.to be heard. In the County Commisaiat ' �..yr Chambere of the County Bund- t, Vero Bean re9. Iodated at 2512.1 Vero Beeth. a /6%/W..(/ . to Tuesday, Marco 20. 1967, at 9:05 a.m. to , ida, , Ma ' �- consider the adopdonNANCE o1 F OrdinanceRIVER entitled: id AN ORD7 // •� �% in the matter Of r L!!TG �t� /1L.J COUNTY.I�ORIDA AMENDING SE6 TION 21 (A). IL LIGHT INDUSTRIAL DISTRICT OF APPENDIX A OF THE CODE OF LAWS AND ORDINANCES OF INDIAN RIVER COUNTY, FLORIDA, KNOWN AS THE ZONING CODE: PROVIDING FOR PROHIBITION OF in the Court, was p... BL�Y.DPPROOCE'�SS NG, ANDRSIMI SAG , BLOCKS, ESTABLISHING CONCRETE d BLOCK AND BRICKS, CONCRETE ' lished in said newspaper in the Issues of yV p / AS PERMIT ED U GYPSUM PRODUCTS AS PERMITTED AND PROVIDING FOR REPEAL CONFLICTINGPROVI- CON IFLICTING SIONS, COOIflC SEVERABILITY. AND EFFECTIVE DATE. Affiant further says that the said Vero Beach Press -Journal is a newspaper published at A dopy of the proposed ordinance re available et Me Planning Department omceanMesecond Veto Beach, in said Indian Hlver County, Florida, and that the said newspaper has heretofore floor of the County Administration Building. been continuous) y published in said Indian River County, Florida, each daily and has been Anyone who may wish to appeal ar�Y decision wnkh may h made at rota meeting vHn need to entered as second Class mail matter at the post office in Vero Beach, in said Indian River Coun- encore mat a verba m record m the proceedings ty. Florida, for a period of one year next precedino the first public3r �n cl the attached copy of is made, which includes the 1891111 n and Ovi- advertisement: and affiant further says that he has neither paid nor arc:: ised any person, firm dece upon which the appeal is based. Indian River County Or corporation any discount, rebate, commission or refund for the purpose of securing this Board of County CumMavioners advertisement for publication in the said newspaper. By s Don C. Scurlock, it. Chcirman /� Sworn to and subscribed befor th March 4,1967 me _ tlay of;'� A.D. 19 a , �usinery$- Man (Clerk of the Circuit Court, Indian River OoGnty, Florida) (SEAL) The Board reviewed the following memo dated 3/13/87: TO: The Honorable Members DATE: March 13, 1987 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: SUBJECT: COUNTY -INITIATED REQUEST _4�Z4� *if." Robert M. Ica ing ICP TO AMEND THE IL ZONING Planning & Develo ment Director DISTRICT TO ALLOW SELECT- ED STONE, CLAY, GLASS AND CONCRETE PRODUCTS aill 5. FROM: Richard 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 March 24, 1987. 65 DESCRIPTION & CONDITIONS The planning staff is initiating a request to amend the IL, Light Industrial District, to allow the manufacturing of selected products from stone, clay, glass and concrete. Currently, businesses involved in making products from stone, clay, glass or concrete are only allowed in the IG, General Industrial District. The staff has identified a firm which manufactures products from minerals which is currently located in an area zoned IL. This business became a nonconforming use when the nonresidential zoning conversion ordinance was adopted in January 1986 and this property was rezoned from M-1, Restricted Industrial District, to IL. On February 26, 1987, the Planning and Zoning Commission voted 4 -to -0 to recommend approval of this request. ALTERNATIVES & ANALYSIS The staff feels that the business in question should be restored to a conforming use status. The staff looked at two alternatives to accomplish this. One alternative would be to rezone the property containing this business to IG. The second alternative is to amend the IL district to add selected stone, clay, glass and concrete product producing businesses as permitted uses. The staff decided that rezoning the subject property or the area around and including the subject property to IG would not be appropriate based on the existing land use pattern around the subject property. The subject property is located in the 100 acre South Winter Beach Road Industrial node and all of the property in the node is zoned IL. The staff then considered amending the IL district to allow all or some of the industrial uses classified under stone, clay, glass and concrete products. Stone, clay, glass and concrete products is a major category under industrial use in the Standard Industrial Classification (S.I.C.) manual distributed by the federal government. All of the industrial uses allowed in the County's IL and IG districts are classified by major S.I.C. categories. The staff was able to determine that the subject business would be classified under the stone, clay, glass and concrete products category, specifically, under the subcategory Minerals and Earths, Ground or Otherwise Treated. While engaged in this research, the staff decided to review all of the major subcategories in the stone, clay, glass and concrete products category to determine which subcategories, if any, would be appropriate for inclusion in the IL district. The staff has prepared a proposal to establish four subcategories from the stone, clay, glass and concrete products major category as permitted uses in the IL district. The staff feels that these uses are consistent with the spirit and intent of the IL district and will not be detrimental to this district. Most of these uses are related to the construction industry and would not include the more intensive uses in the stone, clay, glass and concrete products major category such as cement and asphalt plants. To ensure that these proposed new uses will be conducted in a manner that will not be detrimental to the integrity of the IL district, the staff has proposed some language to be added to the permitted use section of the district regulations to emphasize that all assembly, manufacturing, processing and similar activities shall be conducted within buildings. RECOMMENDATION Based on the above analysis, including the Planning and Zoning Commission's recommendation, staff recommends approval of the attached ordinance. 66 MAR 2 41987 BOOK. U MIA 715 MAR 2 4 1987 BOOK 67 F,A -UF-716 Commissioner Bowman asked if the reason for this change is that it is outdoor manufacturing, and Richard Shearer, Chief of Long -Range Planning, explained that they do have some outdoor storage on the site, but the main reason is that they deal with perlite, which is classified as "a mineral and earth ground or otherwise treated", and that use is not allowed in the Light Industrial District. It took staff a long time to go through the SIC Code to find it, but they found a couple of other products that are used in the building industry that was felt would be appropriate in the IL District. Chairman Scurlock opened the Public Hearing and asked if anyone wished to be heard. There being none, the Chairman declared the Public Hearing closed. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously adopted Ordinance 87-32, amending the Zoning Code; providing for prohibition of outdoor manufacturing, assembly, processing, and similar activities, and establishing concrete block and bricks, concrete products, gypsum products, and minerals and earths, ground or otherwise treated as permitted uses. 67 2/9/87 rich4 LR -Planning RS/dc ORDINANCE NO. 87 - 32 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 21(A). IL: LIGHT INDUSTRIAL DISTRICT OF APPENDIX A OF THE CODE OF LAWS AND ORDINANCES OF INDIAN RIVER COUNTY, FLORIDA, KNOWN AS THE ZONING CODE; PRO- VIDING FOR PROHIBITION OF OUTDOOR MANUFACTURING, ASSEMBLY, PROCESSING, AND SIMILAR ACTIVITIES, AND ESTA- BLISHING CONCRETE BLOCK AND BRICKS, CONCRETE PRODUCTS, GYPSUM PRODUCTS, AND MINERALS AND EARTHS, GROUND OR OTHERWISE TREATED AS PERMITTED USES; AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATION, SEVER- ABILITY, AND EFFECTIVE DATE. BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that: SECTION 1 Section 21(A).(b) is hereby amended as follows: Section 21AAY . IL: Light Industrial District. (b) Permitted Uses. In the IL, Light Industrial District, no building, Ot structure or lot shall be erected, altered or used, except for one or more of the fol- lowing. Outdoor storage shall be permitted within the IL district as an accessory use to any allowable use contained within a building. No outdoor manufacturing, assembly, processing or similar activities shall be permitted. Site plan review shall be required for all uses, pursuant to the provisions of section �3 23.1. (5) Industrial Uses: a. Apparel and other fabric products. b. Chemical and allied products: Drugs and similar pharmaceutical supplies C. Electrical and electronic equipment manufacturing. d. Food and beverage products; Dairy products, Bakery products, Bottled and canned soft drinks and carbonated waters, Candy and other confectionery products, Flavoring extracts and syrups. e. Furniture and wooden fixture manufacturing. f. Measuring, analyzing and controlling instruments. CODING: Words in 4Uli¢X0tOAOX type are deletions from existing law. Words underlined are additions. MAR 2 4.1987 -1- BOOK 67 F4 ;r. 717- RR 2 Boos 67 pnUr.718 ORDINANCE NO. 87 - 32 g. Printing and publishing industries. h. Textile Mill products. i. Leather and leather products. �. Stone, clay, glass and concrete products: Concrete Block and Bricks, Concrete products, Gypsum products, Minerals and Earths, Ground or Otherwise Treated. 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 legisla- ture 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 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 4 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 legis- lative intent to pass this ordinance without such unconstitu- tional, invalid or inoperative part. CODING: Words in type are deletions from existing law. Words underlined are additions. ORDINANCE NO. 87 - 32 SECTION 5 EFFECTIVE DATE The provisions of this ordinance shall become effective upon receipt from the Florida Secretary of State of official acknow- ledgement 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 March 1987. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: i C Don . Scu lock, J . Chairman ATTEST BY: Freda W fight C1 k PUBLIC HEARING - PETITION PAVING 1) 98TH AVENUE 2) 5TH STREET S.W. 3) 40TH AVENUE 4) 41ST AVENUE 5) 1ST STREET S.W. 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: MAR 24 , �7 7o BOOK f"7 PAGE 714, MAS 2 4 1937 BOOK 677?6 VERO BEACH PRESS -JOURNAL PLEASETAKENOnce thatneBOerad Can" mare lre�arin�9 an wIwta ata hoaaa Published Week) Y day. "' 24• +987, m the Cammsalo"t C1ws bare located at 1940 25th Strap. Vle* Bess, - Florida. to consider adoption p the "domq ' Vero Beach, Indian River County, Florida proposed " REUMVIONNO.97- A ARESOLUTION OF THE BOARD OF CTY COmmta911N1ER8 OF Da7IIAN LAYER COUNTY. FLORIDA, t+ROVIDINO .AW COUNTY OF INDIAN RIVER: FORCERTAN AND 0RAt1AOE IMPROYEMENT9 TO 98TH AYENUB STATE OF FLORIDA SOUTH OF 8JL 80 A 8TH STREET SW Before the undersigned authority personally appeared J. 1. Schumann, Jr. who on oath FROM 82NDAYENUE TO AEROOROYE 9l1aDR1iB10Ni18T STREET 98f FRW1 says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published 21ST AVENUE TO 20h AVENUE A at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being. GOTH AVENUE FROM 0TH STREET TO - 8TN STREET T 41ST AVENUE FROM i 10TH STREET TO 127H STREET I-- TAL ESTIMATED THE R PAYMENT a COS , METHOD ONG OF AS- SESSMENTS, NUMBER OF ANNUAL M BTALLmENTB AND LEGAL OE9CRP6 TION OP THE AREA gpE01ALLY in the matter of FITED. WHERFAB,Bu County Public Wpb O► ptrlments has received a public snprdwned •. petition, slgrrod by more than 2/3 of the owners of properly In a portion 01 the area to be we• dilly benefibd, requesting Gerin and drainage in the Court, was pub- Improvements to 98th Avenue South of S.R. 60 8 5th Street SW from 82nd Avenue t0 Aerodrome Subdivision 81st Street SW from 2191 Avenue TO i / vU 20th Avenue 840th Avenue ficin stn Streer to 41st Avenue from 10th strap 1012th lished in said newspaper in the issues of r: y��0 r� StreSth et and WHEREAS. the De88en has been voiled amid meets the requirement of Section 114& those Riverat Laws Onflinalimm design work Inuding cost estimates been completed by the Public Works Department and total "I ""d bad Of the 010" Affiant further says that the said Vero Beach Press-Joumal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore WHEREAS, the poseEdRthe � sppecial assessment ptp"°°d been continuously published in said Indian River County, Florida, weekly and has been entered hereunder "I for any given resod scorer of as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida p„Peny ,min the area specialty be"IefMd. 00 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 inanamount Squat mthat propooOmOfsevemy- five Percent (754).(iity percent (150%) for 7e corporation any discount, rebate, commission or refund for the purpose of securing this adver- Street SW tram 21st Avenue to 20th Avenue only)cold Of Protect which �ty 1 tisement for publication in the said newspaper. un)ber of �I feet Of roadhones"hones" Ownned ���/ � the finch owner bears to me total number 0' "n' cal teat of road.= victim me arae specialty S-om to and subscribed befor me is day o A.D.. lZd r= benefited: and +YNEREAB, the specus assessment shag tlecdrie 1 due and payable at to Office 011" Tax Ctkac- I Tor 01 Indian River County ninety (90) oeye e'At l 1 Manager) =- IBusiness M) the final determination Of the 909001 assessvem pursuant to Section 11-34. Indian River COuM r and Code of Laws and Ordinances: WHEREAS, Indian River County Shelf Pa. the 1 (Clerk of the Circuit Court, Indian River County, Florida) remaining twenty -ere Percent (254) (filly, Ow- . ) jar 181 � �p�t I et(( t of Avenue Only) tr no (SEAQand WHEREAS. any spacial assessment "rot bard I within said nu(90) day period she" bear .o- i ety terest beyond the due date et a rata esraam•ed NOW TNEREFORE, BE IT RESOLVED 18Y THE BOARD OF COUNTY commis- by the Board at County Conunieeronere n ti ie OI preparation of the final assessment ran, OFlo0swe RIVER COUNTY. and shall be payable m two (2) equal mhsasH menti. to first to be made twelve (12) months FSMERS LORIDA, 1. The foregoing recitals aro affirmed from the due date and the second to be mere ttyy-.four ((24) months hom the due data: and and ratfOed in their enfire". 2. A prCledt prasdong for Paving and WX8REA8. after examination of the orv- dratrieg0 inomimmernts to 98th Avenue South Of S.R. 60 A 5th Street SW hon end gowpated usage of ire props- nmDrOre- menti. the Board of County Commissioners nae 82nd Avenue to Aerodm" SubdWWM a ist Street SW nom 21s1 Avenue tO 20ah determined met the following descnoild "M- ties shat) receive a direct and sPecii DanheIl Avenue 8 40th Avenue hen Bin Street to Bin Street 8 4161 Avenue from 1081 from mets unprowamems, to wit All Tract 1& Section 4.33-W eno d t 9 I Street to 121h Street thereto designated as Pubes Wake Pro m Nos. 8822. US If. of E 515 n of Tract 9. So" 433-A Indian River Farms Co. SubOn► 8833. 8534, 9524. 8th. are her ? hereby e proved subject to the terms ouillned ebn PBS 2-25. Lob 1 ftwmMh 22. Indian River Allied- eroabove in Plat Book 8 Page aboveand all applicable rsqu"n mts Of Becton 11.14. Indian Riva Cpm" Coda drome as recorded 55. lob 23 "mou9h 40. Indies River Aero- / of Laws end OrdhmnceL The foregoing resolution was offered by - recorCes m Flat Book & drama No. 2 as= Page 91 of the Public Reeoallp Indian commmm who moved Ib sdeptmn The motion was seconded by RMet County. FL and Tract 8. Indian River Forme CO. Subdivision PBS 2-25 cenmtlesbmw and. upon be" put to a rote. the vote wa as follows and to N 588.3 R Of Tracts 9 A 10 Mnp East of 1-95. Indian River Farms Co. Sue• Chairman OOn C. t3auddck, Jr. Vice Chairmen Mug" C. Bowman dMslan PBS 2.25. Lots 16 and 17. Block A. Indian River I Commissioner Richard N. Blind "aw Subdivision. Unit 2. a t - m Piet Book 8. Page 25 Of 1M Pulled ConmWlorherChm K. E g CommlesWw Gararoy e W fm The chairman thereupon declared to , Reead , of Indian Rrvp County. Florida. Lots 10 through 18. Block E. Lett 1 resolution duly paved and adOPbd through 9, Block F. Late + INFOUgh 10. the BOARD OF COIAGTY 1111011 h 20. Stock K Citrus Gardens as reCLots 11 prroded Pot Book .. M� OF INDIAN RIVER COUNTY 3. Page Alco FlPuClte RatpOs of ti► than river FLORIDA By DON C. SCURLOCK. JR.. Lots 10 through 18. Block B. Lots 1 through 9. Stock C. Lob 11 through 20. CHAIAaatRMAN FAEDA VYRIGHT, CLERK L. m Flat Sock 4 Page 1GWd0 of tM Pubic APPROVED A9 TO FORM AND LEGAL SUFFICIENCY Records at Indian River County. FL and the W 1 /2 of N 10 acre at E 1 2 olTract BY4vBruee Swkstt 12, Indian River Farms CO. 9uDOMase CDun11yy Aaphey'e Otke PBS 235. Jams W. Davis, P.E.. Pubes Wpb Oltectol PLEASE TAKE FURTHER NOTICE mat at an same public how". the BOON Of County Centrhps shag abs Mar all mtereabe persons regarding the pro- posed maeenents contsmsd in aha pre• limmely assessment roe for the Improve - merits downbed in ire above renalWaL The preliminary aeeaement roll Is cot- with Works 00 - hared opele ' gip, nfixrofrePecltar be- tween the hone of &'30 A.M. end 8:00 P.M.. Monday through Frills if a Perm derides t0 spam any desF Non made by the Commission with to - sped t0 any matter considered at thts nowcasonMgihe Will need a record of the pm- . and that for such purOOes. M they nest t0 ensure mala verbagm raeor0 p the Proceedings is made. which fadOrd frrohda the taemary and ' evidwroa upon which this appeal is tow J • bulla. INDIAN RIVER COUNTY _ Charles P. BaIC11201 AdrreYnletntfor 71 The Board reviewed the following memo dated 3116187: TOTHE HONORABLE MEMBERS OF DATE: March 16, 1987 FELE: ' THE BOARD OF COUNTY COMMISSIONERS THROUGH: Charles P. Balczun C�oun��A,in'rator Public Hearing to consider ��.� SUBJECT: resolution providing for the Ralph N. Brescia, P.E. paving of: 1) 98th Avenue County Engineer 2) 5th Street S.W. 3) 40th Avenue 4) 41st Avenue 5) 1st Street S.W. FROM; Michelle A. Terry Civil Engineer REFERENCES: DESCRIPTION AND CONDITIONS Petitions have been received from property owners of the following streets: 1) 98th Avenue South of Route 60 (Preliminary Cost $42,309.13) 5th Street S.W. West of 82nd Avenue (Preliminary Cost $28,830.52) 3) 40th Avenue from 6th Street to 8th Street (Preliminary Cost $31,391.04) 4) 41st Avenue from 10th Street to 12th Street (Preliminary Cost $32,131.56) 5) 1st Street S.W. from 20th Avenue to 21st 21st Avenue (Preliminary Cost $4,976.48) Preliminary assessment rolls have been prepared for the paving and drainage improvements. The total cost of these projects is approximately $139,638.73. There is approximately $142,940.91 in the FY86-87 budget for Petition Paving, Account No. 703-214-541-035.39. As money from other roads is replenished to the Petition Paving Account, these roads will be paved. Also, advertisement of the public hearing and notification to the property owners has been performed. RECOMMENDATION AND FUNDING After consideration of the public input provided at the public hearing,it is recommended that motions be made to: 1) Adopt resolutions, providing for the paving and drainage improvements for each petition paving project, subject to the terms outlined in the Resolutions. The applicable interest rate shall be 12% at the time the final assessment roll is approved. 2) Approve preliminary assessment rolls including any changes made as a result of the public hearing. 3) Allocate $139,638.73 from, the Petition Paving Account to fund this work. 4) The Road and Bridge Department be notified to schedule construction probably in August 1987 or when funding is available. 72 BOOK 6 7 FATE MAR 2 4 1987 Chairman Scurlock opened the Public Hearing and asked if anyone wished to be heard in regard to any of the five petition paving assessments. William Kaiser, resident of the Aerodrome and also developer of the new development going in south of 5th St., SW. (Aerodrome, Phase II), explained that they originally planned to offer Aerodrome access to 82nd Avenue through the new subdivision, but staff did not want them to do that because they did not want any more pavement cuts in 5th St., SW, and they agreed to go with the 5th St.,SW petition paving. However, they assessed the new subdivision for only 7 lots and they would like to be assessed for 15 lots because that is how many lots they are going to put in there. They would like those 15 lots to be taken off the Aerodrome's portion. The only objection he would have is to the possible waiver of the assessment of the adjacent grove owner's 7 lots which would be passed on to them. He requested that if this waiver is approved, that the County pick up those 7 lots and not pass the assessments on to them. They feel this is a fair request since they offered an alternative paved road. Chairman Scurlock didn't know why the original offer didn't get to the Board because he felt it seemed reasonable. He understood that the present request is to assess the developer for 15 lots instead of 7, which would not reduce the overall assessment roll, just reduce the number of lots to be assessed in Aerodrome. Public Works -Director Jim Davis recalled that two weeks ago when the Board considered the grove owner's request to donate a right-of-way in lieu of being assessed for his share of the paving, the Board set the policy that the County would buy the right-of-way and assess him for the paving. Since 5th Street SW is needed to serve other properties, staff is recommending that it be paved. 73 M There being no others who wished to be heard in the five petition paving assessments, the Chairman declared the Public Hearing closed. Director Davis noted that in response to the considerable discussion about speeding up the petition paving program, a local contractor has indicated that he would be interested in participating in the program during slack periods. Director Davis felt that would be fine as long as the cost does not exceed the cost of doing it in-house. Perhaps we could go with a cost per foot -of $28-$30, which is about what our projects have been coming it at. Then, before the engineering is done, we could take a lot of projects to the Board at a Public Hearing and if those projects are approved, either go back and do the engineering in-house or perhaps send it out to local engineers who would like to do some of the engineering at a cost not to exceed our in=house costs. After the engineering is done, we could do the paving in-house or use, on a rotated basis, outside contractors who will be pre- qualified . Chairman Scurlock wanted to explore every possibility because the petition paving program is one of our winners and anything we can do to speed it up would be fine, and Commissioner Bird agreed, as long as the cost does not exceed the cost of doing it inhouse. Director Davis emphasized that the public hearing would have to be up front before the engineering, because if we did not do it that way, we could end up with projects that are not approved, and we would have lost that time and that resource. He advised that until we receive some required permitting, we are working with two crews. Commissioner Bird preferred to have the engineering done in-house, but if staff cannot handle it, then they cannot handle it. Chairman Scurlock felt the message we are sending is that we have an excellent program, and we don't want that to suffer. [AAR 2 4198% 74 BOOK 67 PAGE �1��� MAR 2 41987 BOOK F F,r{ )F. 7'4 Commissioner Bird wished to see us start working on the backlog, but felt we need a more complete picture of the financing, etc., and suggested that staff bring a recommendation that we do so many projects, what they will cost, and the time it will take to complete them. Director Davis suggested that staff take 20 projects to the Board the first time around. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously adopted Resolution 87-27, providing for certain paving and drainage improvements on 98th Avenue south of SR -60. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously adopted Resolution 87-28, providing for certain paving and drainage improvements to 5th Street SW from 82nd Avenue to Aerodrome Subdivision; providing the total estimated cost, method of payment of assessments, etc.; approved the request by Mr. Kaiser to add approximately 8 lots to the assessment roll that are under the ownership of developer William Kaiser and his associates, and remove 15 lots from the Aerodrome assessment roil; and assessed the grove owner for 7 lots, rather than accept a right-of-way donation. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously adopted Resolution 87-29, providing for certain paving and drainage improvements to 40th Avenue from 6th Street to 8th Street. 75 ON MOTION by,Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously adopted Resolution 87-30, providing for certain paving and drainage improvements to 41st Avenue from 10th Street to 12th Street. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously adopted Resolution 87-31, providing for certaining paving and drainage improvements to 1st Street SW from 21st Avenue to 20th Avenue. � ®® 76 ' UR 2 4 .19®7 BOOK bPAGE ICU MAR 24 1987 BOOK 67 PA;F 7"6 4.1 RESOLUTION NO. 87-27 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 98TH AVENUE SOUTH OF S.R. 60; PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS AND LEGAL DESCRIPTION OF THE AREA SPECIALLY BENEFITED. WHEREAS, the County Public Works Department has received a public improvement petition, signed by more than 2/3 of the owners of property in a portion of the area to be specially benefited, requesting paving and drainage improvements to 98th Avenue South of S.R. 60; and WHEREAS, the petition has been verified and meets the requirements of Section 11-23, and design work including cost estimates have been completed by the Public Works Department; and WHEREAS, the total estimated cost of the proposed improvements is $42,309.13; and WHEREAS, the special assessment provided hereunder shall, for any given record owner of property within the area specially benefited, be in an amount equal to that proportion of seventy-five percent (75%) of the total cost of the project which the number of lineal feet of road frontage owned by the given owner bears to the total number of lineal feet of road frontage within the area specially benefited; and WHEREAS, the special assessment shall become due and payable at the Office of the Tax Collector of Indian River County ninety (90) days after the final -determination of the special assessment pursuant to Section 11-34; and WHEREAS, Indian River County Shall pay the remaining twenty-five percent (25%)of the toal cost of the project; and WHEREAS, any special assessment not paid within said ninety (90) day period shall bear interest beyond the due date at a rate established by the Board of County Commissioners at the time of preparation of the final assessment roll, and shall be payable in two (2) equal installments, the first to be made twelve (12) months from the due date and the second to be made twenty-four (24) months from the due date; and WHEREAS, after examination of the nature and anticipated usage of the proposed improvements, the Board of County Commisioners has determined that the following described properties shall receive a direct and special benefit from these improvements, to wit: All Tract 16, Section 4-33-38 and the S 625 ft. Of E 515 ft. of Tract 9, Section 4-33-38, Indian River Farms Co. Subdivison PBS 2-25. 77 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing recitals are affirmed and ratified in their entirety. 2. A project providing for paving and drainage improvements to 98th Avenue South of S.R. 60, hereto designated as Public Works Project No. 8524, is hereby approved subject to the terms outlined above and all applicable requirements of Section 11-34, Indian River County Code of Laws and Ordinances. The foregoing resolution was offered by Commissioner Eggert who moved its adoption. The motion was seconded by Commissioner Wheeler and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert Aye Commissioner Gary C. Wheeler Aye The Chairman thereupon declared the resolution duly passed and adopted the 24th day of March , 1987. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY FLORIDA By / G 144 DON C. SCURL CK, JR., C IRMAN Attest: FREDA 'WR GHT, CL KK APPROVED AS TO FORM AND LEGAL SUFFICIENCY By County Attorney's Office APPROVED BY: (a":" "i , &!� - Ji*es W. Davis, P.E., blic Works Director f& BOOK 67 E 7 7 MAR 2 4 1987 BOOK RESOLUTION NO. 87- 28 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 5TH STREET SW FROM 82ND AVENUE TO AERODROME SUBDIVISION; PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS AND LEGAL DESCRIPTION OF THE AREA SPECIALLY BENEFITED. 6 Y err > �llllssss WHEREAS, the County Public Works Department has received a public improvement petition, signed by more than 2/3 of the owners of property in a portion of the area to be specially benefited, requesting paving and drainage improvements to 5th Street S.W. from 82nd Avenue to Aerodrome Subdivision; and WHEREAS, the petition has been verified and meets the requirements of Section 11-23, and design work including cost estimates have been completed by the Public Works Department; and WHEREAS, the total estimated cost of the proposed improvements is $28,830.52; and WHEREAS, the special assessment provided hereunder shall, for any given record owner of property within the area specially benefited, be in an amount equal to that proportion of seventy-five percent (75%) of the total cost of the project which the number of lineal feet of road frontage owned by the given owner bears to the total number of lineal feet of road frontage within the area specially benefited; and WHEREAS, the special assessment shall become due and payable at the Office of the Tax Collector of Indian River County ninety (90) days after the final determination of the special assessment pursuant to Section 11-34; and WHEREAS, Indian River County Shall pay the remaining twenty-five percent (25%)of the toal cost of the project; and WHEREAS, any special assessment not paid within said ninety (90) day period shall bear interest beyond the due date at a rate established by the Board of County Commissioners at the time of preparation of the final assessment roll, and shall be payable in two (2) equal installments, the first to be made twelve *(12) months from the due date and the second to be made twenty-four (24) months from the due date; and WHEREAS, after examination of the nature and anticipated usage of the proposed improvements, the Board of County Commisioners has determined that the following described properties shall receive a direct and special benefit from these improvements, to wit: Lots 1 through 22, Indian -River Aerodrome as recorded in Plat Book 8, Page 55, Lots 23 through 40, Indian River Aerodrome No. 2 as recorded in Plat Book 8, Page 91 of the Public Records of Indian River County, FL and Tract 8, Indian River Farms Co. Subdivision PBS 2-25 and the N 568.3 ft. of Tracts 9 & 10 lying East of I-95, Indian River Farms Co. Subdivision PBS 2-25. l 6 ' NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY' COMMISSIONERS OF INDIAN RIVER.COUNTY, FLORIDA, as follows: 1. The foregoing recitals are affirmed and ratified in their entirety. 2. A project providing for paving and drainage improvements to 5th Street SW from 82nd Avenue to Aerodrome Subdivision, hereto designated as Public Works Project No. 8534, is hereby approved subject to the terms outlined above and all applicable requirements of Section 11=34, Indian River County Code of Laws and Ordinances. The foregoing resolution was offered by Commissioner Eggert who moved its adoption. The motion was seconded by Commissioner Wheeler and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert Aye Commissioner Gary C. Wheeler Aye The Chairman thereupon declared the resolution duly passed and adopted the 24th day of March , 1987. Attest: FREDA WRIGHT C K ,- APPROVED AS TO FORM AND LEGAL SUFFICIENCY`` BY County Attorney's Office APPROVED BY: a s W. Davis, P.E., U)Ibi Works Director Ere 4 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY FLORIDA By C DON C. SCURLOCK, J .; CHAIRMAN BOOK. 67 F,�UE 71� RESOLUTION NO. 87- 29 BOOK () I 7►3u A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 40TH AVENUE FROM 6TH STREET TO 8TH STREET; PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS AND LEGAL DESCRIPTION OF THE AREA SPECIALLY BENEFITED. WHEREAS, the County Public Works. Department has received a public improvement petition, signed by more than 2/3 of the owners of property in a portion of the area to be specially benefited, requesting paving and drainage improvements to 40th Avenue from 6th Street to 8th Street; and WHEREAS, the petition has been verified and meets the requirements of Section 11-23, and design work including cost estimates have been completed by the Public Works Department; and WHEREAS, the total estimated cost of the proposed improvements is $31,391.04; and WHEREAS, the special assessment provided hereunder shall, for any given record owner of property within the area specially benefited, be in an amount equal to that proportion of seventy-five percent (75%) of the total cost of the project which the number of lineal feet of road frontage owned by the given owner bears to the total number of lineal feet of road frontage within the area specially benefited; and WHEREAS, the special assessment shall become due and payable at the Office of the Tax .Collector of Indian River County ninety (90) days after the final determination of the special assessment pursuant to Section 11-34; and WHEREAS, Indian River County Shall pay the remaining twenty-five percent (25%)of the toal cost of the project; and WHEREAS, any special assessment not paid within said ninety (90) day period shall bear interest beyond the due date at a rate established by the Board of County Commissioners at the time of preparation of the final assessment roll, and shall be payable in two (2) equal installments, the first to be made twelve (12) months from the due date and the second to be made twenty-four (24) months from the due date; and WHEREAS, after examination of the nature and anticipated usage of the proposed improvements, the Board of County Commisioners has determined that the following described properties shall receive a direct and special benefit from these improvements, to wit: Lots 10 through 18, Block E, Lots 1 through 9, Block F. Lots 1 through 10, Block G, Lots 11 through 20, Block H, Citrus Gardens as recorded in Plat Book 3, Page 81 of the Public Records of Indian River County, FL 81 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing recitals are affirmed and ratified in their entirety. 2. A project providing for paving and drainage improvements to 40th Avenue from 6th Street to 8th Street, hereto designated as Public Works Project No. 8605, is hereby approved subject to the terms outlined above and all applicable requirements of Section 11-34, Indian River County Code of Laws and Ordinances. The foregoing resolution was offered by Commissioner Eggert who moved its adoption. The motion was seconded by Commissioner Wheeler and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert Aye Commissioner Gary C. Wheeler Aye The Chairman thereupon declared the resolution duly passed and adopted the 24th day of March , 1987. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY FLORIDA i By .. C. DON C. SCURL K, JR. IRMAN Attest: FREDA W.RI�HT, CL ojR a' ►' APPROVED AS TO FORM AND LEGAL SUFFICIEN((CY BylI CSLQLi.`�X County Attorney's Office APPROVED rBpY, : nu s�� w nes W. Davis, P.E., blic Works Director E, MAR 241 981 BOOK 67 PA,r T-31 MAR 2 4 1987 BOOS 67 PATE 3 RESOLUTION NO. 87- 30 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 41ST AVENUE FROM 10TH STREET TO 12TH STREET; PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS AND LEGAL DESCRIPTION OF THE AREA SPECIALLY BENEFITED. WHEREAS, the County Public Works Department has received a public improvement petition, signed by more than 2/3 of the owners of property in a portion of the area to be specially benefited, requesting paving and drainage improvements to 41st Avenue from 10th Street to 12th Street; and WHEREAS, the petition has been verified and meets the requirements of Section 11-23, and design work including cost estimates have been completed by the Public Works Department; and WHEREAS, the total estimated cost of the proposed improvements is $32,131.56; and WHEREAS, the special assessment provided hereunder shall, for any given record owner of property within the area specially benefited, be in an amount equal to that proportion of seventy-five percent (75%) of the total cost of the project which the number of lineal feet of road frontage owned by the given owner bears to the total number of lineal feet of road frontage within the area specially benefited; and WHEREAS, the special assessment shall become due and payable at the Office of the Tax Collector of Indian River County ninety (90) days after the final determination of the special assessment pursuant to Section 11-34; and WHEREAS, Indian River County Shall pay the remaining twenty-five percent (25%)of the toal cost of the project; and WHEREAS, any special assessment not paid within said ninety (90) day period shall bear interest beyond the due date at a rate established by the Board of County Commissioners at the time of preparation of the final assessment roll, and shall be payable in two (2) equal installments, the first to be made twelve (12) months from the due date and the second to be made twenty-four (24) months from the due date; and WHEREAS, after examination of the nature and anticipated usage of the proposed improvements, the Board of County Commisioners has determined that the following described properties shall receive a direct and special benefit from these improvements, to wit: Lots 10 through 18, Block B, Lots 1 through 9, Block C, Lots 11 through 20, Block L, Malaluka Gardens as recorded in Plat Book 41 Page 10 of the Public Records of Indian River County, FL and the W 1/2 of N 10 acres of E 1/2 of Tract 12, Indian River Farms -Co. Subdivision PBS 2-25. t NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing recitals are affirmed and ratified in their entirety. 2. A project providing for paving and drainage improvements to 41st Avenue from 10th Street to 12th Street, hereto designated as Public Works Project No. 8533, is hereby approved subject to the terms outlined above and all applicable requirements of Section 11-34, Indian River County Code of Laws and Ordinances. The foregoing resolution was offered by Commissioner Eggert who moved its adoption. The motion was seconded by Commissioner Wheeler and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert Aye Commissioner Gary C. Wheeler Aye The Chairman thereupon declared the resolution duly passed and adopted the 24th day of March , 1987. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY FLORIDA II By / DON C. SCURTOCK, J .,ItHAIRMAN Attest:j.� FREDARIGH , CL K -` a - APPROVED AS TO FORM AND , LEGAL SUFFICIENCYi` Byk County Attorney's Office APPROVED BY mes W. Davis, P.E., blic Works. Director 84 411 4.1987 Boos 67 FmUE 733 MAR 2 4 197 BOOK 67 PAGE 7•�4 RESOLUTION NO. 87- 31 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO 1ST STREET SW FROM 21ST AVENUE TO 20TH AVENUE; PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS AND LEGAL DESCRIPTION OF THE AREA SPECIALLY BENEFITED. WHEREAS, the County Public Works Department has received a public improvement petition, signed by more than 2/3 of the owners of property in a portion of the area to be specially benefited, requesting paving and drainage improvements to 1st Street S.W. from 21st Avenue to 20th Avenue; and WHEREAS, the petition has been verified and meets the requirements of Section 11-23, and design work including, cost estimates have been completed by the Public Works Department; and WHEREAS, the total estimated cost of the proposed improvements is $4,976.48; and WHEREAS, the special assessment provided hereunder shall, for any given record owner of property within the area specially benefited, be in an amount equal to that proportion of fifty percent (50%) of the total cost of the project which the number of lineal feet of road frontage owned by the given owner bears to -the total number of lineal feet of road frontage within the area specially benefited; and WHEREAS, the special assessment shall become due and payable at the Office of the Tax Collector of Indian River County ninety (90) days after the final determination of the special assessment pursuant to Section 11-34; and WHEREAS, Indian River County Shall pay the remaining fifty percent (50%)of the toal cost of the project; and WHEREAS, any special assessment not paid within said ninety (90) day period shall bear interest beyond the due date at a rate established by the Board of County Commissioners at the time of preparation of the final assessment roll, and shall be payable in two (2) equal installments, the first to be made twelve (12) months from the due date and the second to be made twenty-four (24) months from the due date; and WHEREAS, after examination of the nature and anticipated usage of the proposed improvements, the Board of County Commisioners has determined that the following described properties shall receive a direct and special benefit from these improvements, to wit: Lots 16 and 17, Block A, Indian River Heights Subdivision, Unit 2, as recorded in Plat Book 6, Page 25 of the Public Records of Indian River County, Florida. a NOW THEREFORE, BE --IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing recitals are affirmed and ratified in their entirety. 2. A project providing for paving and drainage improvements to 1st Street SW from 21st Avenue to 20th Avenue, hereto designated as Public Works Project No. 8519, is hereby approved subject to the terms outlined above and all applicable requirements of Section 11-34, Indian River County Code of Laws and Ordinances. The foregoing resolution was offered by Commissioner Eggert who moved its adoption. The motion was seconded by Commissioner Wheeler and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert Aye Commissioner Gary C. Wheeler Aye The Chairman thereupon declared the resolution duly passed and adopted the 24th day of March , 1987. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY FLORIDA By i DON C. SC OCK, JR., HAIRMAN Attest: FREDA WR]� (/ ,�CL . APPROVED AS TO FORM AND LEGAL SUFFICIENCY1 By V �t?�2 County Attorney's Office APPROVED YYB--Y,,: UA mes W. Davis, P.E., P blic Works Director MAR1900?' 86 BOOK 6 7 FADE 73a, [AAR 2 4 1987 BOOP 6 �7 rmu-F 70 6 says that he is Business Manager Of the Vero Beach Press -Journal, a daily newspaper published PUBLIC HEARING - ORDINANCE AMENDING CODE OF LAWS AND ORDINANCES R7ver Dou ity, Florida. wdI odnduat a P M. Tuesday, Mardn 24.1987 at 8113 a.m. RE PUBLIC NUISANCES 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 Daily 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 PUBLIC NOTICE says that he is Business Manager Of the Vero Beach Press -Journal, a daily newspaper published The Board of county of Ind]an at Vero Beach in Indian River County, Florida: that the attached copy of advertisement, being R7ver Dou ity, Florida. wdI odnduat a P M. Tuesday, Mardn 24.1987 at 8113 a.m. hoarmg on m tae Commission Chambers et n" the Street. veru Beaeh. FL 32880. to eorrgeer the a � 'u ' adapaon at an ordinarms emi8ed:AN DINANCE OF RIVER COUNTY. FLORIDA. AMENDING CHAP - 3 TER 13 OF THE COUNTY CODE OF in the matter of LAWS AND ORDINANCES: CREATING ARTICLE III OF CHAPTER "PUBLIC NUISANCES;" PROOVID�ING IN- STAROVIDINGGFOR TENNT: PR DIERISIM N8: PROVIDING FOR REGULATION OF NUI- SANCES O PRIVATE AND PUBLIC _ COUrt, was U: in the P LANDS AND WATERS: CREATING PROCEDURES FOR ABATEMENT OF /J'r� NUISANCES: PROVIDING FOR ASSESS- MEMS FOR ABATEMENT OF NUI- lished in said newspaper in the issues of _ SANCES: PROVIDING FOR PUBLIC ASSESSMENT: OTICEE; ING FOROSERVICE PROVIDING FOR PENALTIES: AND PROVIDING FOR REPEAL OF CON- Affiant further says that the said Vere Beach Press -Journal is a newspaper published at FLICTING PROVISIONS. CODIFICM TICK. SEVERABILITY. AND EFFECTIVE Vero Beach, in said Indian River County, Florida. and that the said newspaper has heretofore DATE. been continuously publ:shed in saic Indian River County. Florida, each daily and has been Anyone Who may wren m appeal any decruM to entereC as second class mail matter at the post Office in Vero Beach, in said :ndian River Coun- u:e attached copy of which may be made at this MGM" -Hneed ensure that a WINdlm record ohne pror:eam ills ty. F!or.Ca. for a period of one year next preceding the first puohca*:on of advertisement: and affiant further says that he has ❑either paid no- promised any person, firm M made. which Includes the tesbmorry and 0 - derme upon widen urs appeal ie based. or C-,rooration any discount. rebate commission or refund fcr the purpose of Securing this INDIAN RIVER COUNTYRS OF COUNTYIRMAN BDOOM CO advertisement for publication in t'ie said newspaper. DHAI CSCUSCRLOCK `/,, this day of A.D. 19 Mares 3. 1987 S.vorn to and subscribed beforegle .b7 �VR • (Rusin l S onager) (Clerk of the Circuit Court, Indian Rive unty, Florida) (SEAL) Assistant County Attorney Jim Wilson explained that enforcement of this ordinance would be through the Code Enforcement Board, or if it is felt that it is a serious problem that has to be resolved, and for one reason or another the owner of the property will not be responsive to the Code Enforcement Board, request the County Administrator to issue an order declaring that the land is to be cleared and if the owner wishes to appeal that determination, they can come before the Board of County Commissioners. Any cost for such clearing would be assessed as a lien on the property, and the owner has a right to appeal that to the Board of County Commissioners. The reason for this is that the Code Enforcement Board does not have the authority to hear such appeals or to order positive work. The Code Enforcement Board can only place a lien on the person's 87 M M M property. Staff feels that having the appeal directly to the Board of County Commissioners is a cleaner and quicker way of handling the most severe cases. Chairman Scurlock wondered how time consuming that would be, and Attorney Wilson advised that there is a similar ordinance to this in the City of Vero Beach, and there has been very few, if any, appeals. Commissioner Wheeler understood that it would be applied to vacant lots in platted subdivision that could be cleared by an occasional mowing, and Chairman Scurlock understood that the ordinance would not be applied to a wooded lot or to natural vegetation such as palmettos, just to lots that could be mowed. Chairman Scurlock questioned the 51% subdivision buildout requirement, and wondered if there was some way we could be more restrictive. Attorney Vitunac suggested we state that the lot to be cleared has to be contiguous to a lot that is built on. Attorney Wilson advised that change could be made to the proposed ordinance without readvertising. Chairman Scurlock opened the Public Hearing and asked if anyone wished to be heard. Richard Votapka, 5875 24th Street, explained that this all came about after last October when the residents of Rivera Estates complained to the Board about lots in their subdivision having considerable debris and high grass. He noted that one particular lot has not been cut in two years, and the high grass on these lots pose a severe fire hazard during the dry season. He urged the Board to adopt the proposed ordinance. George Brent, 5950 24th Street, emphasized that these lots attract vermin and snakes, and the high grass on a corner lot makes it impossible to see oncoming traffic. He is constantly reminding children on bikes to be very careful going around that corner. He urged the Board to adopt the proposed ordinance. 88 MAR 2 4 1987 aooK bl PwEIV MAR 2 41997 Boor. 67 I'viE 38 Loraine Oulund, 5920 24th St., Rivera Estates, explained that her home is next door to a vacant lot that has extremely high grass, and she and her husband worry about a fire starting there and spreading to their home. Her husband used to mow the lot, until he became afraid of ruining the lawnmower because of the debris that has been collecting there. Commissioner Bird suggested that if this ordinance is approved, we give these people the assurance that this subdivision would be the first one enforced. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously adopted Ordinance 87-33, amending the Code of Laws and Ordinance; providing regulation of nuisances on private and public lands and waters, etc.; with the modification on Page 4, that Part B be removed and it is stated that the lots to be cleared must be contiguous to lots that are built on. 89 ORDINANCE NO. 87- 33 AN ORDINANCE OF INDIAN; RIVER COUNTY, FLORIDA, AMENDING CHAPTER 13 OF THE - COUNTY CODE OF LAWS AND ORDINANCES; CREATING ARTICLE 111 OF CHAPTER 13, ENTITLED "PUBLIC NUISANCES"; PROVIDING FOR STATEMENT OF LEGISLATIVE INTENT;. PROVIDING FOR DEFINITIONS; PROVIDING FOR REGULATION OF NUISANCES ON PRIVATE AND PUBLIC LANDS AND WATERS; CREATING PROCEDURES FOR ABATEMENT OF NUISANCES; PROVIDING FOR ASSESSMENTS FOR ABATEMENT OF NUISANCES; PROVIDING FOR PUBLIC HEARING ON ASSESSMENTS; PROVIDING FOR SERVICE OF NOTICE; PROVIDING FOR PENALTIES; AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Indian River County has determined that the regulation of the disposal and accumulation of debris, junk., trash, unserviceable vehicles and weeds is in the public interest and necessary for the health, safety and welfare of the citizens of Indian River County; and WHEREAS, the County and private industry have previously provided and set aside specific areas for disposal of debris, junk, trash, unserviceable vehicles and weeds; and NOW, THEREFORE, BE IT ORDAINED by Indian River County, through its Board of County Commissioners, that: — . Article III, Sections 16 through 24 of Chapter 13 of the Code of Laws and Ordinances of Indian River County, Florida, is hereby created to read as follows: ORDINANCE 87-33 IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD IN ITS ENTIRETY MAR 2 41S87 90 BOOt+. 67 F'nt 739 MAR 2 4- IS E617 BOOK 67' PA,E 740 STATUS OF WAVERLY PLACE SITE PLAN The Board reviewed the following memo dated 3/12187: TO:The Honorable Members of DATE: March 12, 1987 FILE: • the Board of County Commissioners DIVISION HEAD CONCURRENCE: Robert M. Kea 'ng, ICP SUBJECT: STATUS OF WAVERLY PLACE Planning & Development Director SITE PLAN APPROVALS FOR UNFINISHED PHASES FROM: Stan Boling `). ?). REFERENCES: waverly place Chief, Current Development STAN4 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of March 24, 1987. DESCRIPTION & CONDITIONS: In November of 1979, the County approved a major site plan application to construct a condominium project known as Tropic Villas South (now known as Waverly Place) on ±26.82 acres located on the east side of 6th Avenue at 10th Street [see attachment #11. At the time of approval, the site was zoned R-2 (Multiple -family) which allowed up to 15 units/acre. The approved plan proposed 348 units at a density of 12.97 units/acre. Subsequently, a site plan modification was approved by the Planning and Zoning Commission on October 13, 1983 which, among other things, reduced the overall density to 11.78 units/acre (316 total units). The plans called for 7 phases which were to be "platted -over" as land condominiums [see attachment #21. Presently, 112 units are built and occupied on the central 9.36 acres of the project, comprising Tropic Villas South and phases 1 and 2 (all platted), at a density of 11.96 units/acre. Some infrastructure improvements for the remaining phases of the project have been constructed, and preliminary plats to lay over the approved site plans have been approved. Building permits for constructing phase 3 units (total of 40) were obtained, and con- struction started on the units. However, the last phase 3 building inspection was conducted in December of 1985. Since that time, no active building permits have been maintained and con- struction has been abandoned. The 40 units are approximately 80% complete, with some interior and finishing work remaining. The overall project is almost 3 years behind its construction/ com- pletion schedule [see attachment #3] Pursuant to section 23.1(g)(3) of the site plan ordinance, the Board of County Commissioners can terminate site plan approval after notice (to the owner) and a hearing if it is determined that construction has been abandoned or suspended. Construction is considered abandoned or suspended if an active building permit has not been maintained for construction or if it is shown that a good faith effort to proceed with the project has not occurred for a continuous period of 6 months [see attachment #4]. 91 Because the site's current RM -10 (Multiple -family) and MD -2 (Medium Density Residential) land use designation allow a maximum of 10 units/acre, and because the total project building coverage exceeds 25% of the site, the project does not conform to current regulations. Termination of site plan approval would require re-site planning to develop the remainder of the project (along with platting "re -alignment" if creation of lots is desired) and would ensure conformance with the Land Use Plan and zoning ordi- nance. Currently, American Pioneer Savings owns the unfinished portions of the site which consists of phases 3,.4, and 7 (southerly 1/3 of total site) and phases 5 and 6 (northerly 1/3 of total site). Brown, Cleary, Smith & Associates, on behalf of American Pioneer's development subsidiary, the Savill/Sanderlin Companies, is requesting the following: 1) re -activation of building permits to complete the 40 units within phase 3; 2) separation of phases 4, 5, 6, and 7 from the rest of the project (finished phases and phase 3). [See attachments #5 and #61 ALTERNATIVES & ANALYSIS The County Attorney's office •has verified that section 23.1(g)(3) applies to the Waverly Place site plan. approval and that the Board has the authority to terminate site plan approval for all remain- ing uncompleted phases since construction was abandoned in the middle of a phase. Pursuant to section 23.1(g)(3), site plan approval can be terminated since no active building permits have been maintained and since no construction has occurred for a continuous period of over 6 months. The purpose of placing time limitations on site plan approval and ' of terminating approvals is the same; namely, to ensure that site plans are not reviewed and approved prematurely. Site plan termination precludes a developer from gaining an unfair advantage by "grandfathering -in "indefinitely a project that no longer meets current regulations. Essentially, four alternatives are open to the Board at this time. 1. Terminate site plan approval of all uncompleted phases (3, 4, 51 6, and 7), requiring re-site planning of all unfinished phases prior to any further development. 2. in addition to alternative #1, require that the entire project area (26.82 acres) be brought into conformance with current regulations upon site plan re-application of the unfinished phases. Thus, the higher densities on the existing portions would have to be "spread -out" over the remaining areas of the project. 3. Allow reactivation of all permits for all phases, in effect granting an after -the -fact site plan approval extension for the entire unfinished project area. 4. Allow reactivation and completion of Phase 3 in isolation of all remaining phases, and terminate site plan approval for phases 4, 5, 6, and 7. Thus, the area comprising phases 4, 5, 6, and 7 would have to be re-site planned prior to further development, while phase 3 could be completed as started and previously approved. 92 BOOK 7 FA )E 741 MAR 2 4 M7 BOOK 6 7 F'ACUE 742 Alternative #1 has the advantage of requiring that'all uncompleted portions of the total site area be brought up to current standards. However, the completion of the substantially built 40 units in phase 3 would be tied to modifications of other areas of the project. This would delay completion of the abandoned units and could jeopardize the anticipated completion of these units. Alternative #2 has the advantage of bringing the entire project area, including the area of existing and occupied units up to current standards. However, this could "penalize" completion and redevelopment of the remaining phases which are under different ownership than the completed and occupied units. Again, this would delay completion of the abandoned units and could jeopardize the anticipated completion of these units. Alternative #3 is advantageous for continuing development at densities higher than currently allowed. However, no assurance of bringing any portion of the project site into conformance with current regulations could be gained. This alternative is more than the current owners are requesting and would grandfather -in a development that has failed and is nonconforming. Alternative #4 recognizes that phase 3 is substantially complete and facilitates its completion. Other advantages are that it requires all other phases to be re-site planned and brought into conformance with current regulations. Furthermore, it would accomplish the present owner's desire to complete what has to be finished (phase 3) and re -plan the rest. However, alternative #4 does not bring into conformance the density of existing units or the partially completed 40 units in phase 3. It is staff's opinion that alternative #4 is the best alternative because it: 1. facilitates completion of 40 substantially completed units; 2. requires re-site planning and thus conformance with current regulations for phases 4, 5, 6, and 7; and 3. it satisfies the current owner's request. Alternative #4 appears to be the best way to allow the project to be completed and "turned around" while ensuring that at least 55% of the total project area will be brought into conformance with. current regulations. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Alternative #4 and allow the re -activation of permits needed to complete phase 3 of Waverly Place as previously approved [site plan file SP -82-09-125] and that the Board terminate the site plan approval for phases 4, 5, 6, and 7 of Waverly Place. 93 M ON MOTION by Commissioner Wheeler, SECONDED by Commissioner Eggert, the Board unanimously approved Alternate #4 of staff's recommendation, allowing the reactivation of permits needed to complete phase 3 of Waverly Place as previously approved, and terminating the site plan approval for phases 4, 5, 6, and 7 of Waverly Place. PROPOSED SOUTH COUNTY REGIONAL PARK MASTER PLAN The Board reviewed the following memo dated 3/17/87: TO: The Honorable Members of the DATE: march 9, 1987 FILE: Board of County Commissioners THROUGH: Charles P. Balczun, County Administrator SUBJECT: Review of Proposed Draft - Beach Preservation Plan of - - Indian River County FROM: James w. Davis, P.EREFERENCES: Public Works Director ? - In reviewing the subject draft, my comments follow: Section I - Description of County Geographic - Line 11-12, The Town of Orchid is not mentioned as an incorporated area. Even though the Town has no ocean frontage, its development could have a major impact on the Coastline. Geomorphology of the Coastal Areas - Plate # 1 is not included to show offshore reef. If the reef is not known as to location, how can a proper analysis be conducted? Was any offshore investigation per- formed? NQAA charts should show bathymetry and hydrography. Explain storm wave susceptibility to erosion. Socio -Economic Characteristics - Table 3 - Indian River Shores has less than 51.7% of its shoreline land use vacant. There does not appear to be any projections of what new development impact will have on beaches as Table of Content suggests. Section II - Coastal Development In paragraph 1, are seawalls considered a "significant coastal structure'. The seawalls, old groins, etc., have not been mentioned in "History of Coastal Development". Recently, there has been much local debate on their effect. 4 1987 g4 BOOK D F'�E4J BAR 2 4 1987 BOOK 6 7 F't1-UE Section III - History of Efforts to Protect Beach/Dune System Page 2 - The County has locally supported DNR Coastal Construction Line and has obtained grants frau Erosion Control Trust Rind. Town of Orchid has been omitted from text. Development of this town could have effect on Beach System. Is a new inlet being cut near Ambersand Beach, Sexton Plaza, or elsewhere? IV. Existing Shoreline Changes Monitoring sea level rise is not included. Dr. Dean believes that prior to inlet being cut, little erosion/accretion existed. This is not mentioned. The text states that from 1881-1972, consistent shoreline recession has occurred. Table 7 is missing 1945-1972 data. Table 8 should note that accretion is due to inlet dredging/nourishment project. From the facts, it appears that 1,205,000 c.y. of sand was lost from system, is this from 1972-1985 (after Table 10)? The text appear to quote primarily past studies by Stauble, etc. Table 12 - Thanksgiving Day Erosion - it appears that more accretion occurred than erosion. Should explain that dunes were taken so beach accreted. V. History of Efforts to Resolve Erosion Problems - Why not grain size in mm (what is "phi")? Fran Table 13, it appears that sand bags and durabags are not performing. Structural solutions have only been skimmed over after Table 13. Table 14 - Land values appear low. 11,000 ft. of frontage for 7.2 million? Sebastian, Inlet Feeder Beach - $8,561,000 General Comments What about Emergency Response Plan? No recommended Plan with Funding recommendations. Public Works -Director Jim Davis introduced Jon Hornquist of Mayes, Sudderth, and Etheredge, Inc., who presented the following design for the proposed South County Regional Park Master Plan: 95 pARW -TOMUS CONCESSION & PRES % SOFTSALI✓SASESAU SOFTSALLiBAS W _ SECT YOT TO S VER -COqNTY-_ Commissioner Eggert asked if the corner of Oslo Road and 20th Avenue had been considered for the location of a public library, and Director Davis advised that the owner does not wish to sell the corner parcel. Chairman Scurlock felt that the $1.9 million plan, which doesn't include the cost of the acquisition of the land, was a bit ambitious, and it was his understanding that the fitness trails would be built before tennis courts or racquet courts. Director Davis and Commissioner Bird also felt that the plan was a bit ambitious, but believed that it could be built in 6-8 phases. Chairman Scurlock pointed out that the racquet ball courts at Memorial Island are not fully utilized and do not pay their way. MAR 2 4 1987 96 BOOK 67 FAGE 745 pyq�� F A f�LL.�, BOOK � FAH•r 46 Director Davis said that we have the option of county -wide user fees, but was not quite sure what that would do for this particular park, and they would look into that further. Commissioner Bowman asked why a swimming pool was not included in the plan, and Director Davis advised that a recent survey found that there was not much interest in having a swimming pool, plus the fact that the YMCA's pool is not being fully utilized. Commissioner Bird suggested that the Master Plan be broken down into more phases, and Chairman Scurlock believed the overall feeling is that it is an excellent plan, except for the racquet ball courts. Commissioner Bird felt that we really need some recommendations from staff on how to acquire the remaining property and how to raise those funds. Chairman Scurlock pointed out that Tommy Thomas, Director of Intergovernmental Relations, has suggested that the County might want to sell a piece of property next to the Tracking Station Park to Indian River Shores, and that money could be used to build the South County Regional Park. Commissioner Bird believed that is the type of option we need to explore. ON MOTION by Commissioner Bird, SECONDED by Commissioner Eggert, the Board unanimously accepted the proposed conceptual Master Plan for the South County Regional Park, with the understanding that further consideration be given to building the park in more phases and determining if sufficient parking has been provided; and directed staff to proceed in the acquisition of land for the park. 97 � r� r Under discussion, Director Davis asked if there is any possibility that the County can enter into an agreement with the owner to buy the land over a period of time. Attorney Vitunac advised that there are possibilities, but the problem is that the owner, in effect, would be a holder of revenue bonds and the County could not use ad valorem tax money to pay it off without holding a referendum. r THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. SOUTH COUNTY REGIONAL PARK MASTER PLAN - SUPPLEMENTAL AGREEMENT #1__ MAYES, SUDDERTH, AND ETHEREDGE, INC. The Board reviewed the following memo dated 3/17187: TO: The Honorable Members of the DATE: March 17, 1987 FILE: Board of County Ccamnissioners THROUGH: Charles P. Balczun, County Administrator FROM: James W. Davis, P.E. , K Public Works Directo DESCRIPTION AND CONDITION SUBJECT: proposed South County Regional Park Master Plan - North of Oslo Road, East of 20th Avenue REFERENCES: In compliance with the Professional Services Supplemental Agreement #1 between Indian River County and Mayes, Sudderth, and Etheredge, Inc., the Consultant has completed a facility program and Master Plan for the pro- posed South County Regional Park Site. The Consultant has met with the various interested persons in the area, County staff, and the Parks and Recreation Committee to develop the program. Many alternatives were considered and revisions made. During a special called meeting of the Parks and Recreation Committee on March 5, 1987, the Committee unanimously recommended approval of the proposed plan. MAR 2 41987 98 bav UP Fxu 741 (AR 2 4198% BOOK 6 7 F-a;E 748 ALTERNATIVES AND ANALYSIS The proposed plan necessitates acquisition of a 40 acre tract in the Oslo Road area. The park will serve regional needs, and is planned to be phased as funding becomes available. Phase I construction is estimated to cost $ 1,906,800. Staff is ordering an independent appraisal for the 40 acre tract. A staff appraisal was performed, but the value is not acceptable to the owner. RECOMMENDATION AND FUNDING Staff recommends approval of the Master Plan and authorization to issue final payment in the amount of $7,665 (total contract $10,027) for services rendered. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously approved the Master Plan and authorized the final payment in the amount of $7,665 for services rendered, as recommended by staff. INDIAN RIVER BOULEVARD SOUTHERLY EXTENSION_- CHANGE ORDER #3 The Board reviewed the following memo dated 3117/87: TO: The Honorable Members of the DATE: March 17, 1987 FILE: • Board of County Commissioners THROUGH: Charles P. Balczun, County Administrator SUBJECT: Indian River Boulevard South Extension - Change Order #3 FROM:James w. Davis, P.E. REFERENCES: Public Works Director3? DESCRIPTION AND CONDITIONS The attached Change Order # 3 has been prepared to add a 48" concrete drainage pipe at the 16th Street canal alongside a 12' x 4' concrete box culvert. The original design specified a 12' x 5' box culvert, however, the Contractor installed his forms one foot too high and poured the concrete floor at the wrong elevation. The 48" pipe will ccnVensate for the contractor error. This item is at no additional cost to the County. Also, 2-42" pipes in US 1 right-of-way near 4th Street must be extended 4' each for road safety. This change will increase the contract by $448. :RF YWMDATION AND FUNDING It is recommended that Change Order #3 be approved with a net increase in the contract a111ount of $448. Funding to be from Gas Tax Revenue and Impact Fees - Fund 304. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Eggert, the Board unanimously approved Change Order #3 with a net increase in the contract amount of $448. Funding to be from Gas Tax Revenue and Impact Fees, Fund 304. No. ...3..... I CHANGE ORDER Dated .Match 9, 1987 OR'NER's Project No.. 8409.................. ENGINEER's Project No. .4395103 ...... . .. .......... Project . 12th Street Traffic 6r Pedestrian Improvements. . ........ with Indian River Boulevard, southerly extension CONTRACTOR ... Dickerson Florida,, Inc. .. , ...,.. .................................................. Contract For . , road construction _ .. _ . _ ... . • Contract Date .... To: Dickerson Florida, Inc.• • Post Office Box 719... Stuart, Florida •33.495 • • . • ... • . • •CONTRACTOR You are directed to make the changes noted below in the subject Contract: The completion date, contract price and Indian River County all other terms, covenants and conditions ...................... 1 .••••.••........ of the above referenced contract, except OWNER as duly modified by this and previous �� Change Orders, if any, remain in full By ..... /�,a_ G........... force and effekt. a Dated ........4?.. X..... 119.e 7 ... Nature of the Changes 1. Add 48" RCP with extended headwalls next to the box culvert located at Sta 291+22 on Indian River Boulevard. 2. Increase the extension of double 42" reinforced concrete culverts located at Sta 200+00 on U.S. Highway 1 from 4LF to 8I.F; existing headwall to remain with new pipes connected to existing headwall with concrete collars. Enclosures: Approved as to form and le I sufficiency See attachment.By' These changes result in the following adjustment of Contract Price and Contract Time: Original Contract Price Change Order 1 thru 2 Subtotal This Change Order No. 3 Adjusted Contract Price - 0 1978. ymnnal S..-utr or Piolet,�on,i l:nrm,,,, Charles P. V$un; County Attorney S 3,9,7,3.,809.3.6 ............. 7r1<,A56;00 ,••••• S 31995,265.36 448.00 S •31995,'713.36 .... , . , .... 100 7 J I�R 987 BOOK 'S PAGE 4� 4-. PF - BOOK 67, PA'E 75a 450 days starting Au ust l: 1986 Contract Time Prior to This Change Order. ....... .. .. $.... • , • , , , , , , , , , • • (Days or Date) Net (Increase) (Decrease) Resulting from This Change Order ....................... ............. . (Days) Current Contract Time Including This Change Order .... 450, days S4airt(gg ,Aw st,l,, X986 (Days or Date) The Above Changes Are Approved: . • . • • _ . • ..iKmley-Horn and Associates, Inc. • • . . . ................. ... By , t� i��� • • • j Date ........... . �� ........ ,19. g� The Above Chances Are Accepted: . _ • .. _ • Dickerson Florida, Inc............. •CONTRACTOR• By• • . 4 . ....... Date ..l .................19.A).7 . I, - �u1'Lb���Lrr/C.Plnt ATTACHMENT TO CHANGE ORDER NO. 3 FOR 12TH STREET TRAFFIC 6r PEDESTRIAN IMPROVEMENTS WITH INDIAN RIVER BOULEVARD SOUTHERLY EXTENSION EXPLANATION AND COST 1. The box culvert located at Station 291+22 on Indian River Boulevard was inadvertently constructed with the bottom slab one foot above design grade. The equivalent hydraulic capacity can be achieved by installing a single run of 48" reinforced concrete culvert parallel with the box culvert. This work will be done by the Contractor at no additional cost to the Owner. Details for the 48" RCP installation with concrete headwalls are noted on drawing 134A of 179, Special Box Culvert Details. 2. The extension of double 42" reinforced concrete culverts located at Station 200+00 on U.S. Highway No. 1 is to be increased from 4LF to 8LF. In addition, the existing concrete headwall will not be removed. The pipe extensions will be connected to the existing headwall as shown on F.D.O.T. Standard Index No. 280. The necessity of this change is because of possible conflicts with the electrical transmission line and their supporting guy cables. After construction of the extensions and new headwall, the contractor shall backfill over the existing headwall as shown on F.D.O.T. Index No. 280. Bid Item 430-1-127: Concrete Pipe Culvert (42" SS) From: 524LF To: 532LF 8 LF @ $56.00/LF = $448.00 Net Increase per this Change Order: $448.00 101 FINAL DESIGN AND CONTRACT DOCUMENTS FOR PHASE I OF GOLDEN SANDS PARK The Board reviewed the following memo dated 3117/87: TO: The Honorable Members of the ATE: March 17, 1987 FILE: • Board of County Commissioners THROUGH: Charles P. Balczun, County Administrator FROM: James W. Davis, P.E., Public Works Director DESCRIPTION AND CONDITIONS SUBJECT: Final Design and Contract Documents - Phase I - Golden Sands Park - Supplemental Agreement #2 Between Indian River County and MSE, Inc. REFERENCES: As directed by the Board, staff has prepared and negotiated a Supplemental Agreement #2 between Mayes, Sudderth, and Etheredge, Inc. and Indian River Co. for performance of final design and construction management services to Golden Sands Beach Park, Phase I. The fee for Phase I basic services including architectural, engineering, irrigation, landscaping, lighting, etc. is $33,400 or approximately 10% of the construction estimate of $334,000. The work is to be completed within 180 days. ALTEMTIVE.S AND ANALYSIS Since the Tourist Development Tax passed the recent Referendum, funds for developing the park will be available in the next two years. With plans prepared, opening the park to the public could occur as soon as con- struction could be accomplished. RECOMMENDATION AND FUNDING Staff recommends approval of the Supplemental Agreement No. 2. Funding to be from Parks Budget, Capital Outlay ($99,000) and Park Trust Fund (#102,619 encumbered). 1 Director Davis pointed out that we need to strike the word "utilities" under Section 1 - Project Limits. The feeling is that we don't anticipate getting into a lot of offsite utility work in the park because we don't have any utilities in there anyway, and the consultant is concerned that he will be asked to put in a water and sewer main all the way to the North Beach Plant, and that is not our intent. 102 MAR 2 4 1987 soa F PAGE 75 I Fl - MAR 2 4 1997 BOOK 67 FAcF '7 P Commissioner Eggert noted that she is constantly being asked about the repeat use of some consultants, and wished to know if we take these out to bid. Director Davis explained that this is some continuing work, and that they went through the competitive selection process on this particular project just 3-4 months ago. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved Supplemental Agreement No. 2 with Mayes, Sudderth, & Etheredge, Inc. for performance of final design and construction management services to Golden Sands Park, Phase I; funding to be from Parks Budget, Capital Outlay, ($99,000) and ParK Trust Fund (#102,619 encumbered); with the deletion of "utilities" under Section I of the agreement. 103 _I Supplemental Agreement # 2 to the Master Professional Architectural/Planning Services Agreement between Mayes, Sudderth, and Etheredge, Inc., and -Indian River County, Florida. Final Architectural, Landscaping, Engineering, and Facility Design Services for Phase I - Golden Sands Beach Recreational Area (Golden Sands Park). Pursuant to the Professional Architectural/Planning Services Agreement dated the 16th Day of September, 1986, by and between Indian River County, a political subdivision of the State of Florida, hereinafter referred to as the COUNTY, and Mayes, Sudderth, and Etheredge, Inc., Orlando, Florida, hereinafter referred to as the ARCHITECT, this Supplemental Agreement # 2 is an extension of and hereby becomes a part of the September 16, 1986 agreement (hereinafter referred to as the Master Agreement) as follows: , Section I - Project Limits The project for which the ARCHITECT will provide supplemental services shall have limits of work as defined in the Master Agreement Section I, paragraph 1. Services under this Supple- mental Agreement #2 shall be provided for only Phase I as depicted on the COUNTY approved Master Plan drawing of Golden • Sands Park dated Oct. 1986; all offsite improvements, including but not limited to road (A -1-A widening), beach structures, etc. are included in the project limits. Signage is included. Basic Services required of the ARCHITECT for the above locations are described in other appropriate sections of the Supplemental Agreement and Master Agreement. Section II - COUNTY Obligations The COUNTY'S obligations are defined in the Master Agreement, Section II. Section III - Scope of Services - Architect's Responsibility The ARCHITECT agrees to perform all services identified in Section III - A. General, and Section III - D Final Design Phase of the Master Agreement, in addition to all necessary profession- al services and in connection with the project as follows: Upon written authorization from the Director of the Public Works Department, the ARCHITECT will proceed with the work as follows: 3.1 - Design Development and Construction Document Phase 3.1.1 The ARCHITECT shall prepare, for approval by the Owner, Design Development Documents consisting of scale drawings, contract documents, permit sketch- es, and other documents to fix and describe the size and character of the entire project as to architectural, structural, mechanical, and elec- trical systems, materials, and such other elements including but not limited to landscaping, civil engineering, irrigation, site lighting, drainage, water systems, sewerage, and such other elements as may be appropriate. Facilities shall be vandal -proof, easily maintained, and equipped for the handicapped. Freeze tolerant, drought resis- tant vegetation where practical shall be consider- ed. All metals shall be suitable in salt water environment. Wood shall be fire resistant where practical. Concrete masonry construction is preferred for all buildings. Public water supply is not available. A shallow or deep well is required with chlorination and minor treatment. Additional services may be authorized if a more complex water system is required. MAR 294, 1987B00K 7 f'AGE X15 BOOK 67 FA�c ��5_ 4 MAS 2 � �9�7 The St. John's River Water Management District has recently studied water supply in this area. 3.1.2 The ARCHITECT shall submit to the Owner a further statement of probable Construction cost. 3.1.3 The ARCHITECT shall prepare necessary bidding information, forms, General Conditions, and Form of Agreement.- The COUNTY may prefer standard County forms. All permits with conditions will be included in the Contract Documents where feasible. 3.2 Bidding and Negotiation Phase 3.2.1 The ARCHITECT shall assist the Owner in obtaining bids (all bids submitted Wednesday, 2:00 PM, at County Administration Building). A pre-bid meet- ing, pre -construction meeting, and Utility Co- ordination meeting will be held if necessary. The ARCHITECT will assist in awarding contract and preparing contract for construction. 3.3 Construction Phase - Administration of the Contract 3.3.1 The ARCHITECT shall provide administration of the _Contract for Construction as set forth in the attached AIA Document B141 Paragraph 1.5 (Exhibit A). The County Parks Superintendent and County Public Works Department will daily monitor the construction and advise the ARCHITECT of compli- ance with the Contract plans, specifications, and requirements. 3.3.2 The Contractor shall be required to provide record drawings of the project showing "as -built" con- ditions. Magnetic tape shall be included with underground piping. Section IV - Time for Completion 4.1 The basic services exclusive of Contract Administration provided for in this agreement shall be completed within 180 calendar days of the commencement date (as specified in the "Notice -to -Proceed) issued by the County Public Works Director. The parties agree that time is of the essence for completion of the services provided for in this agreement and that the County may, at its option, deduct up to $185 per day for each calendar day that the required services remain uncompleted beyond 180 days of the commencement date. Section V - Compensation 5.1 For basic services rendered pursuant to this Supplemental Agreement # 2 and the applicable sections of the Master Agreement, the lump sum fee of $33,400 is established. Section V, Paragraph 2 of the Master Agreement applies. 5.2 Monthly payments less 10% retainage shall be permitted based upon percentage of work complete for each phase as follows Design Development and Construction Document Phase 70% Bidding or Negotiation Phase 10% Construction Phase 20% Travel expenses are not reimbursable and are included in the above basic services compensation. 5.3 Additional services , additional work, or extra work shall be compensated as specified in the Master Agreement Section V; Paragraph 2, Section VI, or Section VIII. P, Section VI - Additional Conditions included in Master Agreement All conditions set forth in the Master Agreement entered into between the COUNTY and ARCHITECT on September 16, 1986, unless otherwise included in this supplemental agreement, shall apply. IN WITNESS WHEREOF the parties hereto have executed these presents this 27th day of March 1987. MAYES SUDDERTH AND BOARD OF COUNTY COMMISSIONERS ETHEREDGE, INC. OF INDIAN RIVER COUNTY, FLORIDA 7575 DOCTOR PHILLIPS BOULEVARD ORLANDO, FLORIDA 32819 BY CC? By / G Don C. Scurlock, Jr. GI e � , f tiere�l5� Chairman CZ r� 5 r Vr " e Attest: Attest: Freda Wright, Clerk Approved: 3-24-87 APPROVED AS TO FORM AND AND LEGAL SUFFICIENCY BY: Bruce Barkett, Assistant County Attorney APPROVED: Uj , 'Q' J yes W. Davis, P.E. P lic Works Director RESOLUTION AUTHORIZING COUNTY ATTORNEY TO FILE CONDEMNATION PROCEEDINGS FOR PARCELS DEEMED NECESSARY Assistant County Attorney Bruce Barkett believed the proposed resolution was self-explanatory. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously adopted Resolution 87-32, declaring the acquisition of fee simple title to certain parcels of property in Indian River County for right-of-way, road widening, paving and utilities purposes to be a public necessity and authorizing the County Attorney to file condemnation proceedings against said parcels and to do all things necessary to pursue said proceedings to conclusion. t o 6 MAR 2 4 1907 BOOK 0 " MAR 2 4 197 3 / 1 3 / 87 (B4) LEGAL(Bnm) 1 BOOK 6 7 PAGE756- RESOLUTION NO. 87- 32 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DECLARING THE ACQUISITION OF FEE SIMPLE TITLE TO CERTAIN PARCELS OF PROPERTY IN INDIAN RIVER COUNTY FOR RIGHT-OF-WAY, ROAD WIDENING, PAVING AND UTILITIES PURPOSES TO BE A PUBLIC NECESSITY AND AUTHORIZING THE COUNTY ATTORNEY TO FILE CONDEMNATION PROCEEDINGS AGAINST SAID PARCELS AND TO DO ALL THINGS NECESSARY TO PURSUE SAID PROCEEDINGS TO CONCLUSION. WHEREAS, 'the Board of County Commissioners of Indian River County has determined that it is in the public interest and is necessary to make road improvements to 12th Street from 6th Avenue to a point west of Old Dixie Highway, and to widen 12th Street from two to five lanes and to extend it eastward from 6th Avenue to intersect with the southerly proposed extension of Indian River Boulevard; and WHEREAS, the Board of County Commissioners of Indian River County has further determined that it is in the public interest and necessary to make road improvements on 6th Avenue from 16th Street to a point south of the intersection of 6th Avenue and 8th Street, and to widen 6th Avenue to three lanes and to improve the turning radius at the intersecting roads; and WHEREAS, the proposed improvements require acquisition of fee simple title to certain parcels of land presently lying adjacent to and abutting against the subject rights-of-way; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida this 24th day of March, 1987 that: 1. The foregoing recitals are hereby adopted and ratified. 2. The County Attorney's Office is hereby authorized and directed to exercise the eminent domain AM 32 RESOLUTION N authority'of Indian R.i;ver County for thepurpose of securing fee simple title to the properties described in .Exhibit -"A" and Exhibit "B" attachedhereto and to take all appropriate and necessary` action and to employ the services of any persons deemed necessary to bring eminent domain proceedings to.conclusion. 3. The property is to be acquired for the road improvement and road widening purposes set forth above, and for all normal and necessary uses and improvements appurtenant thereto, including but not limited to paving, placement of utilities, construction of pedestrian facilities and drainage improvements. 4. It is hereby determined and found that the acquisition of the property is necessary for the stated public purpose. 5. The Board of County Commissioners of Indian River County hereby ratifies, confirms, adopts and incorporates the right-of-way map for portions of the 12th Street project attached hereto as Exhibit "C" as the official right-of-way map for the improvement project depicted thereon, and orders that said map or copies thereof shall be kept available for inspection at the County Administration Building. By this action the County does not concede ownership of any property, nor does it waive its right to defend or claim title to any property, however depicted on the right-of-way map. The foregoing resolution was offered by Commissioner Eggert and seconded by Commissioner Wheeler , and, being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Vice Chairman Margaret C. Bowman Commissioner Richard N. Bird Commissioner Carolyn K. Eggert Commissioner Cary C. Wheeler K i Aye Aye Aye Aye Aye BOOK U 9 PAGE 75 [AAR 241987 BOOK 67 f',a'jE 758 RESOLUTION NO. 87- 32 The Chairman thereupon 'declared the resolution duly passed and adopted this 24th day of March, 1987.. INDIAN RIVER COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By �,., G , lne.�'ZA bon C. Scuf lock, Jr Chairman ATTEST: By he�A r e ar' tF�T gr RESOLUTION 87-32 AND ITS ATTACHMENTS IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD IN ITS ENTIRETY 109 HIGHLAND MOTEL, DEMOLITION LIEN The Board reviewed the following memo dated 3/18/87: TO: The Board of County Commissioners DATE: March 18, 1987 SUBJECT: Highland Motel - Demolition Lien FROM: James P. Wilson Assistant County Attorney J On February 16, 1983, the Board of County Commissioners of Indian River County approved the demolition of the Highland Motel located near the entrance of Sebastian Highlands, as a nuisance structure. The County Road and Bridge Department destroyed the building and incurred costs of $9,150.29. A lien was filed to secure payment of the demolition costs which are unpaid and accruing interest at the rate of 12% since April 8, 1983. The accrued interest, calculated through March 24, 1987, is $4,343.99. The property was recently purchased at tax auction by the Sebastian General Partnership. Earl Witherby, agent for the Sebastian General Partnership, has contacted me and offered to settle this matter by paying the principal amount. The, Board must determine whether to accept this amount and waive payment of the accrued interest or contest the lien in a future possible legal action. I will be available at the meeting of March 24th to discuss this matter with the Board so that 1 may relay your decision to Mr. Witherby. Assistant County Attorney Jim Wilson advised that the Board must determine whether to accept this amount and waive payment of the accrued interest or contest the lien in a possible future legal action. There is a possibility that we may not be able to collect any of the costs, but he believed we would have a better than 50-50 chance of winning in court. They have agreed to pay everything but the interest. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously denied the request by Sebastian General Partnership to waive the payment of accrued interest. 110 1987 BOOK l PACE MAR 2 1 198 BOOK 67 F �E 80 FEES AT SEBASTIAN_ INLET_ PARK The Board reviewed the following memo dated 3/18/87: TO: The Board of County Commissioners DATE: March 18, 1987 SUBJECT: Fees at Sebastian Inlet Park _4V FROM: Bruce Barketttl Assistant County Attorney I represented the County at the March 17 meeting of the Governor and Cabinet. At that meeting a decision was to be made on a proposal to administer entrance fees for the north side of the Sebastian Inlet Park at the rate of $1.00 per driver plus $:50 for each additional vehicle occupant. The item was scheduled at 2:00 -p.m. at Senator Deratany's request; however, when the Senator failed to appear, the matter was deferred without discussion for two weeks. The delay gives this Board the opportunity to adopt a position of support,.opposition, or neutrality with respect to entrance fees at the Park. On March 16, 1983 this Board adopted a position in support of the City of Melbourne opposing a plan to charge $.50 per person for entrance to the north side of the Park. The State is prohibited from charging an entrance fee for the south side of the Park by a restriction in the 1970 deed from the County to the State for the property on the south side of the Inlet. If the Board adopts a position today, it may authorize the Chairman, the Administrator, or the County Attorney to forward a letter stating the Board's position to the Governor and to the DNR, thus avoiding the expense of sending a representative to Tallahassee for the next meeting of the Governor and Cabinet. 111 Assistant County Attorney Bruce Barke-tt reported that after traveling to Tallahassee to represent Indian River County in this issue, the meeting was deferred and no discussion was held. According to DNR staff, the matter will be discussed at the next meeting of the Governor and Cabinet, which is April 1st. The delay gives us the opportunity to either adopt a new position with regard to entrance fees or remain neutral. Right now we are on record as being opposed to a 50 -cent entrance fee on the north side of the Inlet. Attorney Barkett pointed out that entrance fees cannot be charged for the south side of the park because Indian River County prohibited it in a deed restriction when it donated the land there. Chairman Scurlock felt that if a fee is charged on the north side of the inlet, it would intensify the use on the south side; it is a very complex issue. Commissioner Bowman pointed out that the south side is doing a good business in camping fees. Commissioner Bird felt we don't know enough about this to take a stand one way or another, and suggested that we invite the DNR to explain why they feel a charge is necessary and give us the whole picture. Chairman Scurlock pointed out that this Board has been very strong on user fees, which is the same stand the DNR is taking; however, we have the problem of the restriction on the south side. Commissioner Wheeler suggested that we also invite a rep- resentative of the Sebastian Inlet Commission to attend the meeting. MAR 2 4 IS87 112 BOOK �7 PAouE 761 BOOK �� MAR 2 4 1997 �F� Fcr rT ON MOTION by Commissioner Bird, SECONDED by Commissioner Wheeler, the Board unanimously directed the Legal Dept. to write a letter to the DNR expressing our concern, and inviting a representative to Indian River County to further explain the issues involved during a meeting open to public input; invite a representative of the Sebastian Inlet Commission; and inform the Governor's office that we need more information on the fee structure before we take a stand. DISCUSSION RE REAPPOINTMENT OF DR. WALKER AS MEDICAL EXAMINER The Board reviewed the following letter dated 3/2/87: i Florida Department of Medical Examiners Commission P.O. Box 1489 Law Enforcement Tallahassee, Florida 32302 (904) 488-8090 Robert R. Dempsey Commissioner ---a D 1n.. _ March 2, 1987 Rom totlrm roMMISSl0NERS Honorable Don Scurlock Indian River County Commission Post Office Box 1028 Vero Beach, Florida 32961 Dear Chairman Scurlock: DISTRIBUTION LIST Commissioners !� Administrator Attorney Personnel Public Works Community Dev. Utilities Finance _y. -- Other I:c V. Pursuant to Section 406.06(1)(a), Florida Statutes, the term of Leonard Walker , M.D., District Medical Examiner in District 19 will expire on July 1, 1987. For this reason, the Commission is reconsidering recommending to the Governor the reappointment of Dr. Walker. In order for the Commission to recommend a candidate who is acceptable to all concerned, your recommendation concerning this Issue Is Important. 113 Since this topic will be discussed at the April 16th Commission meeting, it would be appreciated If your office would complete the attached form as soon as possible Indicating your concurrence _ or non -concurrence in this regard. If you have additional comments please feel free to Include these on the form also. For your convenience, we have Included a self addressed, stamped envelope to return the form to this office. If you need any further Information or wish to discuss -the matter with me, please feel free to contact me. Sincerely, Robert R. Dempsey Commissioner k� �" Dale H. Heideman Staff Director Assistant Attorney Jim Wilson reported that he attended a closed meeting of law enforcement agencies in Ft. Pierce which was called by Bruce Colton, and received a form to be filled out as to whether or not Indian River County wishes to reappoint Dr. Walker to another term as Medical Examiner. Every law enforcement agency represented at that meeting, which included every law enforcement agency in the circuit with the exception of Felismere and Sebastian, unanimously stated that they did not wish to retain Dr. Walker for another term. Attorney Wilson asked for the Board's direction on this matter, because we have to return the form by April 1st. Attorney Vitunac noted that we also received a letter from St. Lucie County stating that the other 3 counties in the district have been subsidizing Indian River County's share of the Medical Examiner's\budget and that they have directed the Medical Examiner to cease that practice. This matter was going to be scheduled for our next meeting, but a tragic boat accident over the weekend has brought this to a head now. The following Miami Herald newspaper article reports that Dr. Walker refused to run certain blood tests on the victims because Indian River County had gone over their budget, causing the Vero Beach Police Dept. 114 MAR h� 1987 Boas b` �fa,,E 183 MAR 2 41997 BOOK 67Pr1�E 76 to agree to finance these tests to make sure that they were done in order to have the investigation complete. Chairman Scurlock pointed out that there has not been any notice given to the Board of County Commissioners that the Medical Examiner's budget has been exhausted nor has there been any request for contingency funding. He recalled that during the budget hearings, Dr. Walker presented a budget in excess of what the Board eventually approved. The Board approved a budget based on $1.00 per capita, which was suggested in a recent study of the levels of funding received by other Medical Examiners. While the Medical Examiner did not receive the increase he requested, the net result was a 5% increase over last year's budget. The Chairman felt the question of whether we are overfunding or 115 F l underfunding in comparison with other counties has to be looked at in each budget year to determine the demand and the level of services being received, and, of course, the ability to pay. It is very difficult to understand how the County's budgeted funds can be exhausted when we are only into the 6th month of the fiscal year. In any event, he could not understand why Dr. Walker did not come to the Board for additional funds before refusing services such as these blood tests. Chairman Scurlock stated that he does not support the reappointment of Dr. Walker. While we are not capable of judging him on his medical ability, we are in a position to evaluate him on communication, cooperation, and the level of service we have received. He hoped that the Board as a whole would not support Dr. Walker's reappointment. Attorney Vitunac pointed out that Dr. Walker promised to become a certified forensic pathologist, and has not done that because he is still practicing medicine on the side. He is not a full-time Medical Examiner. Chairman Scurlock also pointed out that it was more cost effective for the County when we used Dr. Cox and Dr. Rogers at Indian River Memorial Hospital. OMB Director Joe Baird clarified that Dr. Walker requested $121,000 for his budget for the 1986-87 fiscal year, and received $80,000. He has received all his draws through the end'of March, which amounts to only $40,000 of that $80,000. To his knowledge, Dr. Walker has not requested any additional funds from the budget office, nor the Commission. Commissioner Bird stated that he has been very unhappy with Dr. Walker for quite some time, and for him to refuse these blood tests is the last straw as far as his reappointment is concerned, and Commissioner Eggert agreed. Commissioner Wheeler also agreed, because over the past 4 years after attending these meetings and from what he has read in .I= 116 BOOK :J � I ASC 7�L95 MAR 2 4 1997 Ud' 786 the newspapers, it seems that Dr. Walker has no interest in public service and has a total commitment to non-cooperation. Commissioner Bowman understood he is still maintaining that he is going to become a certified forensic pathologist and is going to hire a qualified forensic pathologist as his assistant. Attorney Frank Kreidler advised that he represents Dr. Walker in this district and would be addressing the Board's concerns in the absence of Dr. Walker who had to be at Longwood Hospital this morning. Attorney Kreidler believed that it seems that the County is operating on the basis of things that are reported in the newspapers, and pointed out that newspaper articles are not always 100% correct. He advised that Dr. Walker has never stated that he does not intend to become a forensic pathologist. In fact, he is presently scheduled to take the board examination in May, 1988. He felt there is a break in communications about how long it takes to become certified. Dr. Kreidler pointed out that Dr. Walker is board certified in two other areas of pathology and has been for a number of years. With regard to the funding for Indian River County, Dr. Walker is between a rock and a hard place because of the stand St. Lucie County has taken with regard to not subsidizing Indian River County's costs. This has put Dr. Walker on the spot where he is forced to make changes in his specific allocation of funds for such things as the blood tests for the victims of the boating accident. He has to get all the funds back in balance and a explanation is forthcoming on the situation and what needs to be done. Commissioner Bird did not believe that Attorney Kreidler could ever convince him that there was not enough money to cover the $220 cost for running blood tests on the two young men who were killed in a boat accident this past weekend. Attorney Kreidler stressed that Dr. Walker did -collect the blood and all the items that needed to be saved for the tests that were needed by the Vero Beach Police Department. It was not 117 like he refused to do the tests and was never going to do the tests. Dr. Walker just wanted to be sure that the funding problem was resolved before he proceeded with the blood tests. Commissioner Bird felt it is not our intent that other counties should subsidize our costs. Attorney Vitunac recalled that when Dr. Walker was here a year ago and the Board expressed their opposition to his reappointment for another term, Dr. Walker responded, "give it your best shot," Chairman Scurlock felt that is what we are doing, giving it our best shot. Attorney Kreidler felt it was unfortunate that this tragic boat accident had to bring this funding issue to a head, but assured the Board that a request will be forthcoming to secure funding so there will be no subsequent problems. Commissioner Bowman pointed out that when Bruce Colton announced that he was not going to recommend Dr. Walker's reappointment, Dr. Walker grandstanded in the newspapers that he was going to get Bruce Colton's job. Now, he is grandstanding again with regard to the two blood tests. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously voted not to recommend that Dr. Leonard Walker be reappointed as Medical Examiner for this district. Attorney Vitunac asked for authority to send someone to the Medical Examiners Commission meeting. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously authorized a Commissioner or appropriate staff member to attend the April 16th meeting of the Medical Examiners Commission. MAR 4 1981 118 eoa� 6 �' PA:GE 76 i MAR 2 4 198 BOOK 67 ['Alu 788 Attorney Vitunac announced that Assistant County Attorney Jim Wilson is leaving the County to fill the position of Assistant City Attorney for the City of Vero Beach. Attorney Wilson thanked the Board for giving him the opportunity to work with the County for the last 3 years, and the Commissioners wished him good luck in his new position. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously instructed the County Attorney not to replace the Assistant County Attorney until such time as a workshop is held on the organizational structure and needs of the County Attorney's office, with the understanding that the workshop be held as soon as possible. REPORT ON FIREARMS RANGE COMMITTEE Commissioner Bird reviewed the Committee's efforts during the years in determining an appropriate site and advised that they always come back to the Garcia Range site as the best suitable location because it is the closest to Vero Beach, has a paved road, and electricity is available. However, the drawback to that site is that the St. Johns River Water Management District's overall plans calls for it to be flooded with 2-3 feet of water. The District's governing board indicated they would help find us a site for the range, but were not too excited about the Garcia Range site. While the Committee realizes that it would be a very expensive site to develop because of the necessary dikes that would have to be built, a majority still feel that site would be the best location. At a meeting of the District's Parks and Recreational Recommendation Committee, he and Intergovernmental Relations Director Tommy Thomas were instructed to look at more suitable sites and bring them back at an advisory meeting to be held in Melbourne this Thursday. Right now, they are looking at the 119 Maxie property, which takes the range a little further from the metropolitan area, but it is an upland site. After Thursday, they hope to have a better idea of where the site will be. Commissioner Bird reported that in the meantime, we are looking at funding options, such as participation by the DOC training facility at the Mueller Center. The State has heard about our range project and indicated that they want to work with us on it to the point that they could supply manpower on an annual basis for maintenance and upkeep of the facility, and that they had -funds available that could be used for annual maintenance costs and capital improvements, maybe as much as $120,000, a portion of which could be earmarked in the 1987-88 fiscal year. Commissioner Bird advised that some preliminary plans of how the ultimate range facility would look have been prepared. It would be developed in phases and on the basis that a qualifying range for law enforcement agencies would have the first priority. The Sheriff indicated some time ago that he has $30,000-$35,000 available to participate in this range cost. Chairman Scurlock felt that the main priority of the gun range should be for the training of law enforcement personnel, and stated he would not vote for $1 -million or $1.5 million of tax dollars to develop a pistol range or rifle range for the general public because we have not done it for other activities. We intend for the golf course to be self-supporting. Commissioner Bird agreed that the law enforcement phase would be the first one built, and then if additional funding is available, we would build a trap/skeet and rifle range., but not to the extent that some committee members would like to see. Commissioner Eggert pointed out that during the campaign, several people expressed a desire to have just some place to shoot, and it didn't have.to be fancy. 19 7 120 BOOK 67 F,arE 76" MAR 2 4 1997 TRANSPORTATION PLANNING COMMITTEE REPORT BOOK 67 rmu. -r 770 Public Works Director Jim Davis presented the following TRANSPORTATION PLANNING COMMITTEE SUMMARY OF ACTIONS MARCH 11, 1987 MEETING 1. INDIAN RIVER BOULEVARD - NORTH EXTENSION The Committee was informed of the status of the project, and the environmental coordination report. 2. AMENDMENTS TO THE TRANSPORTATION ELEMENT OF THE COMPREHENSIVE PLAN The Committee recommended acceptance of the following amendments: a) Add 106th Avenue north of CR -512 b) Add 102nd Terrace north of CR -512 C) Add 92nd Avenue from 87th Street to north of CR -512 d) Delete 43rd Avenue from 57th Street to 69th Street e) Reclassify 43rd Avenue as a secondary collector road from 53rd Street to 57th Street, and from 65th Street to 69th Street 3. US -1 CORRIDOR FEASIBILITY STUDY The Committee was informed of a FDOT study of improvements to the US -1 Corridor from Martin County through Indian River County. 4. US-1/8th STREET INTERSECTION The Committee accepted a staff recommendation to request the FDOT to establish left -turn prohibitions on US -1 at 8th Street due to an accident history until the five-laning project is completed. In addition, the Committee recommended that a resolution be sent to the FDOT to accelerate the construction of the five -lane project. 5. 90th AVENUE SPEED LIMIT The Committee accepted staff recommendation to increase the speed limit on 90th Avenue between SR60 and 12th Street from 30 MPH to 40 MPH. 6. TRANSPORTATION IMPROVEMENT PROGRAM The Committee was informed of the updated Transportation Improvement Program. 7. TRAFFIC SIGNAL - CR -512 AT BARBER STREET The Committee directed staff to proceed with an intersection study in response to a request for a flashing beacon from the City of Sebastian. 121 Chairman Scurlock reported that a recent newspaper article stated that Indian River County and the City of Sebastian may pave a road to the site of a new school in Sebastian Highlands, but he didn't know if the City Council had acted on that. He did know that this Board has not, and emphasized that in the past our position has been that if the School Board plans to build on a site where there is no paved road, it is their responsibility to pave it, not the County's. Chairman Scurlock -suggested that the School Board take another took into the access roads to the sites under consideration. Director Davis reported that in a meeting with Mayor Harris and City Council regarding their intent to amend their local city thoroughfare plan, he recommended that they get their thoughts together and hire a traffic consultant, and bring their plan to the TPC once it is formalized and approved by the City Council. Commissioner Bowman advised that she will contact Gene Wadell, who represents Sebastian on the TPC, and ask him to please attend the next TPC meeting. Commissioner Eggert had a problem with #5 on the report concerning increasing the speed limit on 90th Avenue, as she noticed that citrus trucks and other large trucks are barreling down that road way in excess of 30 mph, and people are afraid to ride their bikes or cross the street on foot. Chairman Scurlock pointed out that the problem out there is that there is nothing to interrupt the traffic. Director Davis believed that when they monitored that road, the average speed was 42 mph, which is in the 85th percentile and that is what we are told to use on the DOT procedure for estab- fishing speed limits. Commissioner Eggert felt that sometimes going by the book is very nice, but sometimes it should not be, and Chairman Scurlock agreed that we should leave the speed limit at 30 mph for now. 122 BOOK 67 PAGE 771 MAR 2 4 11987 MAR 2 4 1987 BOOK 6 7 F'nuf 772 Commissioner Wheeler felt that Item #4 concerning the intersection of U.S. #1 and 8th Street should be expedited, because it is probably the deadliest intersection of the county. ON MOTION by Commissioner Bowman, SECONDED by Commissioner Wheeler, the Board unanimously accepted the TPC report with the exception of Item #5, leaving the 30 mph limit in effect. ADOPTION OF RESOLUTION RE COLLECTING AND ACCOUNTING FOR THE LOCAL OPTION TAX -- TRI -COUNTY The Board reviewed the following letter dated 315/87: OFFICE OF THE MAYOR AND CITY COMMISSION �\fr it 1'C March 5, 1987 M �� r- � °f•15o��' Mr. Don C. Scurlock, Jr., Chairman Indian River County Commission 1840 25th Street Vero Beach, Florida 32960 Re: Resolution Number 87-2.8 Dear Chairman Scurlock: SUNRi CITY HALL, 500 BOSTON AVENUE P.O. BOX 1480 FORT PIERCE, FLORIDA 33454 At the most recent meeting of the Tri -County Council of Local Governments, on February 26th, the Legislative Committee was directed by the Council to write to each local government entity and suggest that they adopt a resolution similar to the one adopted by Martin County. A copy of the resolution is en- closed. This resolution encourages a better method of collecting the tax and ac- counting for the local option tax. Since this was not a part of the legislative process adopted in 1987, this is the only way we can join together in helping to change this process. 123 Please send copies of your resolution to Governor Martinez and to each Senator and Representative for your County or City. _ Also enclosed for your information is a copy of Martin County Resolution ` Number 87-2.9. Very truly yours, William R. Dannahower, Chairman Legislative Subcommittee Tri -County Council of Local Governments ON MOTION by Commissioner Eggert, SECONDED by Commissioner Wheeler, the Board unanimously adopted Resolution 87-33, advocating specific improvements in the collection and distribution of Local Option Fuel Taxes. MAR 2 4 1987 124 BOOK 67 Fr1uE7'13' r- 3/87(Reso)LEGAL(Vk) MAR 2 4 1987 BOOK 67 pit -E 7 9 4. RESOLUTION NO. 87-33 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ADVOCATING SPECIFIC IMPROVEMENTS IN THE COLLECTION AND DISTRIBUTION OF LOCAL OPTION FUEL TAXES. WHEREAS, Florida Statutes Chapter 336.025 provides local governments with the option of levying up to six cents of motor fuel taxes; WHEREAS, the Indian River County Board of County Commissioners did in fact impose the entire six cents of focal option gas tax; WHEREAS, the Florida Legislature in CS/SB 1176 in 1985 changed the collection point for all fuel taxes from the wholesale to the retail level, effective January, 1986, resulting in added costs for dealer collection allowances and added audit enforcement needs; WHEREAS, the Department of Revenue withholds both a 60 fee for the State General Revenue Fund and also a dealer collection allowance which starts at 3% of collection from fuel tax collections; and WHEREAS, monthly distributions of fuel taxes are based on preliminary estimates by the Department plus or minus adjustments for differences in past distributions between estimated and actual which have become known since the last distribution: NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. Collection, administration, and distribution costs and problems resulting from the shifting of the fuel tax collection point from the wholesale to the retail level must be alleviated by returning the collection point to the wholesale level. 2. Local governments who have levied local option fuel taxes must be furnished an accounting of how the amount distributed was determined. 1 RESOLUTION NO. 87-33 (continued) 3. Costs of audit enforcement of fuel tax collections should be borne by the State as part of their 6% fee to the General Revenue Fund. 4. An additional copy of each retail dealer local option fuel tax returned should be obtained from each reporting entity and furnished to the county for monitoring purposes. The foregoing resolution was offered by Commissioner Eggert who moved its adoption. The motion was seconded by Commissioner Wheeler 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 24 day of March, 1987. BOARD OF COUNTY COMMISSIONERS INDIAN \RIVER COUNTY, FLORIDA By_ _ el,�„ G Attest, on C. Sc r ock, J . Chairman BredaW-r"Fgghttt, C Approved as to form , and legal sufficiency: Charles P. Vitunac County Attorney 2 BOOK 6'1 FAGE 7 5- F_ INTEREST RATE FOR PAVING AND DRAINAGE ASSESSMENTS BOOK 67 F'A'E a1 8 The Board reviewed the following letter dated 3/5/87: OFFICE E E. MORRIS, C.F.C. TAX COLLECTOR March 5, 1987 Don C. Scurlock, Jr., Chairman Board of County Commissioners Indian River County Vero Beach, Florida U1 U COLLFEC UOR Re: Interest Rate for Paving & Drainage Assessments Dear Mr. Scurlock: F. O. BOX 1509 VERO BEACH. FLORIDA - 32961 TELEPHONE: (305) 567-5190 At the Board meeting of March 3, 1987, the Committee approved the Final Assessment Roll for the paving of 37th Avenue. The prime interest rate, however, was not defined or established. It is my recommendation that all paving and drainage assessments bear a flat twelve percent (12%) interest rate to the owners. This would put the Public Works Department on a uniform basis with the Utilities Department. It would also reduce a lot of confusion to both my office and the property owners. Presently, we have over two dozen assessments outstanding with one dozen different interest rates. I have had numerous calls from dissatisfied property owners who have two or more assessments and each with a different interest rate. The flat 12% rate would set the County apart from a lending institution, which it should not be. I would appreciate this matter being brought up at the next Board meeting. Sincer yours, 61 **"' X 6XIAZI 0, W Gene E. Morris County Tax Collector ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bowman, the Board unanimously established .a flat interest rate of 12% for all paving and drainage assessments, effective April 1, 1987; rate to be reviewed on a semi-annual basis. Commissioner Bird understood that this is not retroactive. 127 SOUTH COUNTY FIRE DISTRICT The Chairman announced that immediately upon adjournment, the Board would reconvene acting as the District Board of Fire Commissioners of the South County Fire District. Those minutes are being prepared separately. DOCUMENTS TO BE MADE PART OF THE RECORD A. AEproval_of Petition for Admission of Craig R. Williams to the A. G. Holley State Hospital, dated March 16, 1987, has been received and is on fife in the Office of the Clerk to the Board. B. Developer's Agreement with Stevens, Bailey, 8 Sullivan, having been fully signed and received, is hereby made a part of the record as approved h 17, 1987, and is on file in the Office of the Clerk to the Board. C. Contract w/Ryan Sales 8 Services for air curtain incinerator as approved February 3, 1987, having been fully signed and received, is on file in the Office of the Clerk to the Board. D. License Agreement w/Treasure Coast Broadcasting Company, Ltd., approved January 27, 1987, has been received and put on file in the Office of the Clerk to the Board. There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 12:05 o'clock p.m. ATTEST: C Clerk Chairman 128 BOOK 6 FAGS T 17