HomeMy WebLinkAbout5/19/1987Tuesday, May 19, 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,
May 19, 1987, at 9:00 o'clock A.M. Present were Don C. Scurlock,
Jr., Chairman; Margaret C. Bowman, Vice Chairman; Richard N.
Bird; Carolyn K. Eggert; and Gary C. Wheeler. Also present were
Charles P. Balczun, County Administrator; Charles P. Vitunac,
Attorney to the Board of County Commissioners; Joseph Baird, OMB
Director; and Virginia Hargreaves, Deputy Clerk.
The Chairman called the meeting to order.
Reverend Bruce Havens of the United Church of Sebastian gave
the invocation, and Commissioner Bird led the Pledge of
Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Scurlock had two items which he wished to add to
the agenda - 1) Permission for the Chairman to sign a letter in
regard to the change in ALS/BLS operations, which he felt could
.go on the consent agenda, and 2) an emergency utility rkratter re a
sewage pumping station/force main for the new west county school.
County Attorney Vitunac wished to add under Commissioner
Bowman's items re the Transportation Planning Committee report a
Resolution in regard to alternate members. He also requested the
addition on the Consent Agenda of a 90 -day Certificate of Conven-
ience and Necessity for the Town of Indian River Shorels.
Later in the meeting a discussion re F.I.T. and Tracking
Station Park property and adjacent lot was added.
MAY 19.1987
L_
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bowman, the Board unanimously added items
to today's agenda as described above.
BOOK f.--;');;) , ,
MAY 191987
BOOK 68 F GE J1
APPROVAL OF MINUTES
The Chairman asked if there were any additions or correc-
tions to the Minutes of the Regular Meeting of April 28, 1987.
Commissioner Eggert wished to know if the following Motion
in regard to the Sheriff hiring 11 new people satisfied the OMB
Director:
"On Motion by Commissioner Eggert, SECONDED by Com-
missioner Bird, the Board unanimously authorized the
Sheriff to hire 11 new people who are to be phased in
at an amount not to exceed $70,000 in this fiscal year,
with the understanding that the Sheriff will come back
with budget amendments as he does the hiring; funding to
come from the general fund contingencies."
OMB Director Baird confirmed that was satisfactory and noted
that unless the Sheriff hires the officers, he cannot get a draw.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bird, the Board unanimously approved the
Minutes of the Regular Meeting of April 28, 1987,
as written.
CONSENT AGENDA
Commissioner Eggert asked that Items 0 and P be removed
from the Consent Agenda for discussion.
A., B., & C. - Reports
The following reports were received and placed on file on
the Office of the Clerk:
Traffic Violation Bureau, Special Trust Fund, Month of
April, 1987 - $46,080.24
Month to date report by last name, Month of April, 1987
Report of Convictions, Month of April, 1987.
D. & E. - Renewal Pistol Permits
The Board reviewed memos from the Administrator, as follows:
2
TO: The Honorable Members ofDATE: May 4, 1987
the Board of County Commissioners
FILE:
SUBJECT: PISTOL PERMITS - RENEWALS
FROM: Charles P. Balczun REFERENCES:
County Administrator
The following individuals have applied through the Clerk's Office for
renewal of pistol permits:
James P. White
Frederick C. Allen
Reedy B. Strickland
William F. Fey
Andrew W. Offutt
All requirements of the ordinance have been met and are in
order.
TO: The Honorable Members of DATE: May 11,1987
the Board of County Commissioners
FROM: Charles P. Balczun
County Administrator
FILE:
SUBJECT: PISTOL PERMITS - RENEWALS
REFERENCES:
The following persons have applied through the Clerk's Office for renewal of
pistol permits:
Clifford M. Miller
C. Reed Knight, Jr.
All requirements of the ordinance have been met and are in order.
ON MOTfON by Commissioner Eggert, SECONDED by Com-
missioner Wheeler, the Board
renewal applications for the
to carry a concealed firearm
James P. White
Frederick C. Allen
Reedy B. Strickland
William F. Fey
MAY 19 1987 _
3
unanimously approved
issuance of a permit
for the following:
Andrew W. Offutt
Clifford M. Miller
C. Reed Knight, Jr.
BOOK 68 PAwr 3 -0
VViAY 19 1987
BOOK 68 FAGE 321
F. Proclamation - Older Americans Month
PROCLAMATION
WHEREAS, May has been traditionally designated OLDER
AMERICANS MONTH by the federal and state governments; and
WHEREAS, the members of the AMERICAN ASSOCIATION FOR RETIRED
PERSONS - VERO BEACH CHAPTER #1406, and the SEBASTIAN CHAPTER
#3234, along with the INDIAN RIVER COUNTY COUNCIL ON AGING are
taking part in the affairs of our community and making
significant contributions to the well-being of our citizens; and
WHEREAS, Gulfstream Area Agency on Aging, Inc.; Indian River
County Council on Aging, Inc.; and Treasure Coast Senior Services
coordinate to provide services which improve the quality of
longer life for Indian River County senior citizens; and
WHEREAS, approximately 29% of the total population in Indian
River County is comprised of persons 60 years of age or older;
and
WHEREAS, those senior citizens contribute greatly to the
moral, economic, and social well-being of Indian River County;
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, assembled in
regular session this 19th day of May, 1987 that the month of MAY,
1987 be designated as
"OLDER AMERICANS MONTH"
in Indian River County.
4
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Don C. Scu lock, Jr.rman
G. Traffic Signal Maintenance, etc. - 27th Ave. & 4th St.
The Board reviewed memo from Traffic Engineer Orr:
TO:
The Honorable Members of the
Board of county Commissioners
THROUGH:
Charles P. Balczun,
County Administrator
James W. Davis, P.E.,
Public Works Directo
FROM: Michael L. Orr,
Traffic Engineer
DATE: May 12, 1987 FILE:
SUBJECT: Traffic Signal Maintenance &
Operation Order 1-87 (27th
Avenue at 4th Street)
REFERENCES:
DESCRIPTION OF CONDITIONS
The Florida Department of Transportation has submitted the subject document
to the County for execution. The document is a standard form required for
all traffic signals maintained by public agencies on the state road system
and commits the County to operate and maintain the new traffic signal at
27th Avenue and 4th Street.
ALTERNATIVES AND ANALYSIS
1. Authorize the Chairman to sign the subject order to accept the
operation and maintenance of the traffic signal at 27th Avenue and 4th
Street.
2. Reject the order. If the County does not sign the order, the traffic
signal will be removed since the FDOT does not maintain si ls.
RECOMMENDATION AND FUNDING
Alternate 1 is recommended. Operating and maintenance funds are budgeted
in the Traffic Engineering Division budget.
MAY 19 1987
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Wheeler, the Board unanimously approved
Traffic Signal Maint. & Operation Order No. 1-87
(27th Ave. at 8th St.)
5
BOOK 68 FADE = 22
MY 19 1987
A.
BOOK 68 PACE & 3
State of Florida Department of Transportation
TRAFFIC SIGNAL MAINTENANCE b OPERATION
ORDER NO. 1-87
D.O.T. DISTRICT 4 COUNTY Indian River
PUBLIC BODY (MAINTAINING AGENCY).
Indian River County
B. 1. All signalized intersections and signal systems covered
by this order are referenced to an agreement of record
dated July 21, 1980 between the Department and
Public Body and no supplemental agreement is required.
2. The Public Body is hereby authorized and requested to
undertake the maintenance and operation of one (1) •
signalized intersections on the State Highway System as
listed in part C of this order. The following previous-
ly numbered and dated orders shall remain in effect and
are not altered by this order.
Identification of Type of Equipment and Installations to
be Maintained.
(PART C IS•ATTACHED)
APPROVALS
Approved as to form
and Legal u fi a ncy
Sharon Phill ps :rennan
Asst County Attorney:::
ACKNOWLEDGED
AND APPROVED:
Signature:
,PUBLIC BODY
aures W. Davis, P.E.
ublic Works Director
Date: May 19, 19117
Title: Chairman. Board of Cty Commissioners
ACKNOWLEDGED
AND APPROVED:
Signature:
PART C.'
FLORIDA DFPARThENT OF TRANSPORTATION
/1> -71.1Y -g,
District Traffic Operations Engineer
Date:
PAGE 2 OF 2
SECTION
Number
Street Names
SR -607 (27 Avenue) at
8 Street
Pre-
Timed
Actuated
X
acro-
Processo
Other
Inter -
Connected
88004
1
6
H. Resolution - ApplicationFBeach Erosion Control Asst. Program
The Board reviewed memo of the Public Works Director:
TO:
The Honorable Members of the
Board of .County Commissioners
THROUGH:
Charles P. Balczun,
County Administrator
FROM James W. Davis, P.E.
Public Works Director
DATE: May 11, 1987
SUBJECT:
FILE:
Resolution Approving the
Submittal of an Application
Under the State of Florida
Beach Erosion Control
Assistance Program
REFERENCES: Michael Walther, Coastal
Tech, to Jim Davis dated.
May 1, 1987
DESCRIPTION AND CONDITIONS
Submitted herewith is a resolution to accompany the application for the
Florida Beach Erosion Control Assistance Program Grant to construct the two
Beach Nourishment Projects (Vero Beach and Sebastian) .
RECOMMJENDITION AND FUNDING
Staff recommends that the resolution be approved and staff and chairman be
authorized to execute all documents. No funding is to be considered at
this time.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Wheeler, the Board unanimously approved
Resolution 87-45 approving submittal of application
under the Beach Erosion Control Assistance Program,
designating Michael Walther of Coastal Technology
Corp. Project Engineer and Agent and agreeing to
provide local share of costs; and authorized staff
and Chairman to execute all pertinent documents.
7
LkiAY 1'2 037
BOOK PA: A 2
NY 1S 1987
RESOLUTION NO.
87-45
BOOK 68 PSGE 3 5
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
APPROVING THE SUBMITTAL OF AN APPLICATION
UNDER THE STATE OF FLORIDA BEACH EROSION
CONTROL ASSISTANCE PROGRAM
WHEREAS, Indian River County and private property owners
within the County have had damage to structures and/or coastal
lands by storms and erosion, and
WHEREAS, the State of Florida has established a Beach Erosion
Control Assistance Program providing for financial assistance for
erosion control and preservation of the sandy beaches within the
State.
NOW THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Indian River County, as follows:
1. The County, as local sponsor, hereby approves the submittal
of an application under the Beach Erosion Control Assistance
Program for the purpose of requesting State financial assistance
with the implementation of a County Beach Restoration program
similar to that proposed by the U.S. Army Corps of Engineers.
2. The County hereby designates Michael Walther, P. E. of
Coastal Technology Corporation, as the Project Engineer and Agent
for the purpose of preparing and processing this application on
behalf of the County.
3. The County agrees to provide the local share of costs for
implementation of the beach restoration program under the
procedures set forth in the Florida Administrative Code.
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. 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 19th day of May, 1987.
ATTEST : AL
04174--
J9 a
By
Fr Wright, Cle (0
Y ,)3C •
INDIAN RIVER COUNTY, FLORIDA BY ITS
BOARD OF COUNTY. COMMISSIONERS
BY , G
Don C. Scurloc
8
airman
1. Routine Release of County Liens (Water/Sewer)
The Board reviewed memo from County Attorney Vitunac:
TO: Board of County Commissioners
FROM:
Charles P. Vitunac, County Attorney
DATE: May 12, 1987
RE: CONSENT AGENDA - BCC MEETING 5/19/87
ROUTINE RELEASE OF COUNTY LIENS
This office has processed the following matters and requests
permission for the Chairman to execute the standard release
forms:
(1) Full Satisfaction on Impact Fee Lien
PLANNED DEVELOPMENT CORP.
(Water ERUs - Map #C-3)
(2) Partial Release of Lien - Map D-1
State Road 60 Water/Release 1 ERU
Paid by LYNNLEE DEVELOPMENT CORP.
Unit 205 of PINE CREEK CONDO. IV
(3) Partial Release of Lien - Map 15
State Road 60/Release 1 ERU
Paid by LYNNLEE DEVELOPMENT CORP.
Unit 205 of PINE CREEK CONDO. IV
(4) Partial Release of Lien - Map C-3
State Road 60 Water/Release 1 ERU
Paid by PLANNED DEVELOPMENT CORP.
LESTER (1965 Sixty Oaks Lane)
(5) Partial Release of Lien - Map 14
State Road 60 Sewer/Release 1 ERU
Paid by PLANNED DEVELOPMENT CORP.
LESTER (1965 Sixty Oaks Lane)
(6) Partial Release of Lien - Map C-3
State Road 60 Water/Release 1 ERU
Paid by PLANNED DEVELOPMENT CORP.
FITZGERALD (1937 Sixty Oaks Lane)
(7) Partial Release of Lien - Map 14
State Road 60 Sewer/Release 1 ERU
Paid by PLANNED DEVELOPMENT CORP.
FITZGERALD (1937 Sixty Oaks Lane)
(8) Partial Release of Lien - Map 15
State Road 60 Sewer/Release 1 ERU
Paid by LYNNLEE DEVELOPMENT CORP.
Unit 101 of PINE CREEK CONDO. I
(9) Partial Release of Lien - Map M-3
State Road'60 Water/Release 2 ERUs
Paid by RALPH L. EVANS, as Trustee
Copies—of all original documents and additional back-up
information are on file in the County Attorney's Office.
p� 6 N
9 BOOK b8 F' UE ?JC
MAY 19 1987
MAY 19197
BOOK 68 FAGE 327
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Wheeler, the Board unanimously approved Full
Satisfaction on Impact Fee Lien and Partial Release
of Liens as set out in the above memo dated May 12,
1987, and authorized the signature of the Chairman.
COPIES OF SAID RELEASES ARE ON FILE IN THE OFFICE OF THE CLERK.
J. Shorelands West Subdivision (Request for Bond Reduction)
The Board reviewed memo of Asst. County Attorney Barkett:
TO: The Board of County Commissioners -
DATE: May 13, 198.7
SUBJECT: Shorelands West Subdivision - Request for Bond
Reduction
FROM: Bruce Barkett
Assistant County Attorney
Shorelands West is a proposed 13 -lot subdivision of a parcel
of property approximately 9.43 acres in size located on the
west side of State Road A -1-A across from Smuggler's Cove
Subdivision. A letter of credit in the amount of
$327,773.00, representing 115% of the certified cost
estimate for bonding the required improvements for the
subdivision was posted by the owner, Shoreland Development,
Inc., Roger Wheelwright, President.
The owner has now requested that the face amount of the
security be reduced to reflect that at least 740 of the
original construction contemplated has been completed. He
has submitted the letter of his engineer, Dean F. Luethje,
P.E., in support of his request. The request wasrouted
through the Planning Department and through the Public Works
Department. Public Works has verified that at least 74% of
the required improvements have been completed.
It is recommended that the Board of County Commissioners
authorize the owner/developer of the Shorelands West
Subdivision to reduce the face amount of the posted bond or
letter of credit by 7k% by amendment or by substitution.
Bruce Barkett
Assistant County Attorney
Davis, Director
ub l i c Works
obert M. K -at ng, rector
Planning and revel pment
10
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Wheeler, the Board unanimously authorized the
owner/developer of Shorelands West Subdivision to re-
duce the face amount of their posted bond or letter
of credit by 74% by amendment or by substitution.
SAID AMENDMENT IS ON FILE IN OFFICE OF CLERK TO BOARD.
K. Report on Occupational License Taxes Collected - April, 1987
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Wheeler, the Board unanimously accepted the
following report from Tax Collector Gene E. Morris:
MEMORANDUM
TO: Board of County Commissioners
FROM: Gene E. Morris, Tax Collector
DATE: May 5, 1987
SUBJECT: Occupational Licenses
Pursuant to Indian River County Ordinance No. 86-59, please
be informed that $1,346.73 was collected in occupational
license taxes during the month of April 1987, representing
the issuance of 107 licenses.
Gene E. Morris, Tax Collector
L. Annual Report of Environmental Control Officer
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Wheeler, the Board unanimously accepted the
annual Report of the Environmental Control Offi7r,
from Michael Galanis, Director, Environmental Health,
for the period January 1, 1986 through Dec. 31, 1986.
SAID REPORT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD.
11
MAY 19 1987
BOOK 68 faGE 328
MAY 19 1987
BOOK 68 m 3" 9
M. Removal of John Lee from Finance Advisory & Housing Finance
Committees
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Wheeler, the Board unanimously approved
the removal of John Lee from the Finance Advisory
Committee and the Housing Finance Committee due to
non-attendance at meetings.
N. Advertise Ordinance changes affecting R/W requirements
The Board reviewed memo of Chief Planner Stan Boling:
TO:The Honorable Members of DATE: May 6, 1987
the Board of County Commissioners
DIVISION HEAD CONCURRENCE:
FILE:
AUTHORIZATION TO ADVERTISE
Robert M. Kea ing'AICP SUBJECT: FOR ORDINANCE CHANGES
Planning & De elo.ment Director AFFECTING RIGHT-OF-WAY
REQUIREMENTS
FROM: Stan Boling .46 FEREN ROW
• Chief, Current Developme CES: STAN4
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of May 19, 1987.
BACKGROUND
In January of this year,members of the Planning and Zoning Commis-
sion expressed concerns regarding apparent inequities in the
County's right-of-way acquisition requirements and policies.
Subsequently, a Planning and Zoning Commission public workshop was
-held on February llth to discuss right-of-way issues. At the
workshop, there was a consensus that rights-of-way called for and
required via the Thoroughfare Plan and development ordinances was
necessary. However, there was also a consensus that there is a
problem with current County right-of-way regulations and policies
in that imbalances can occur between the value of required dedica-
tion area and compensation received for the dedication. At the
workshop, Planning and Zoning Commission members asked staff to
research alternatives for redressing the imbalances.
At the April 23, 1987 regular Planning and Zoning Commission
meeting, staff presented the Planning and Zoning Commission with a
report, analysis and recommendation regarding dedication/compen-
sation imbalances (see attachment #1). After considering staff's
report, the Planning and Zoning Commission voted unanimously to
12
recommend that the Board of County Commissioners authorize and
direct staff to initiate ordinance amendments to expand the use of
right-of-way reservation areas. Also, the Planning and Zoning
Commission recommends that the Board of County Commissioners
direct staff to work with the Drainage District to find roadway
segments where canal right-of-way could be used for roadway
purposes.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners authorize
staff to advertise for ordinance amendments regarding expanding
the use of road reservation areas.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Wheeler, the Board unanimously authorized
staff to advertise for ordinance amendments affecting
R/W requirements by expanding use of road reservation
areas.
O. IRC Jail - Phase 11, Change Order
The Board reviewed memo from H.T.Dean, Manager of Solid
Waste Management:
TO:
VIA:
COUNTY ADMINISTRATOR
BOARD OF COUNTY COMMISSIONERS DATE: APRIL 24, 1987
CHARLES P. BALCZUN
FROM: H. T. "SONNY" DEAN
MANAGER OF SOLID W MANAGEMENT
DIVISION OF UTILITY S RVICES
SUBJECT: INDIAN RIVER COUNTY JAIL - PHASE II
CHANGE ORDER
BACKGROUND
In August of 1986, the local fire marshal requested a water line
connecting point on the east side of the jail complex to accommodate a
fire truck for fire fighting purposes. With this connection, a pumper
unit could be stationed on either side of the complex to facilitate a
sufficient water supply in case of a fire emergency .i Without the
connection, only one pumper could be used on the west side of the
complex which would hinder fire fighting efficiency.
RECOMMENDATION
The staff of the Division of Utility Services feels that this Change
Order is part of the life safety code which could delay occupancy of
the facility. Board approval is recommended at a total cost of
$4,788. Monies are provided in the Construction Contingency Fund.
13
MAY 19 1987
BOOK 68 FADE -JJ
MAY 19 1987
BOOR 68 FV,F.331
Commissioner Eggert noted that we had reached an agreement
with the Sheriff's office that OMB Director Baird was going to
check through on all of these, and she was wondering if he had
seen this and okayed it.
Director Baird advised that Mr. Dean has discussed this with
him; he had no problem with it; and we have sufficient funds in
the contingency account to cover it.
Manager Dean assured the Board that this is a necessity.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Wheeler, the Board unanimously approved
Change Order 3, IRC Jail Phase II with Schopke
Constr. & Eng. in the amount of $4,788.16 as
recommended by staff.
ARCHITlCTS OWNER
ORDER j 4` ARCHITECT
' ., a `•;'w -.' CONTRACTOR
•
r• , 4' • FIELD
OTHER
PROJECT: Indian River County Jail
(name,. address) Phase 1I
OWNER: Board of County Commissioners
Indian River County
TO: (Contractor)
r
Schopke Construction and
Engineering,. Inc.
1620 Tangerine Street
Melbourne, Florida 32901
J
CHANGE ORDER NO: Three (3)
DATE: April 29, 1987
ARCHITECT'S PROJECT NO: 1878
CONTRACT FOR: General Construction
CONTRACT DATED: May 28, 1986
YOU ARE .,HEREBY AUTHORIZED TO MAKE THE FOLLOWING CHANGES IN THE SUBJECT JOB: ADD DEDUCT
v a a
. Revise location of Siamese connection as
,required by Indian River County Fire
[_;.- Department. Provide connection in north-
- ! east courtyard between Phase I and Phase II
construction. 1 $4,788.1
TOTAL x 4, 7 8 8.1: s
The Contract Time will bslIf Girsgle (unchanged) by ( 0 ) Days,
The Date of Substantial Completion as at the date of this Changs Order therefore is
14
1
Not valid until signed by both the Owner end Architect
Signature of the Contractor Indicates his agreement herewith, Including any adjustment In the Centred Sum or Contract Thne.
ORIGINAL CONTRACT y�t n $ 14903,286.00
FORMER CHANGE ORDERS .tG .. ded.'..#.2.»..C.. $ 2,100.00
THIS CHANGE ORDER
SIGNED:
(ADD41). S
REVISED CONTRACT PRICE S
APPROVED:
Schopke Construction
En•-ri `/ Inc.
BY /i L _ —
DATE �`�,
PAGE .J. OF
ACCEPTED:
and • Board of CbuntrCotEnissioner:
Indian River County, Florida
OWNER
BY C
cS:/9-0
1,901,186.00
4,788.16
1905,974.16
3.
PAGES
DATE
P. Coralstone Development (Water Lines)
The Board reviewed memo of Utilities Director Pinto:
DATE:
TO:
FROM:
MAY 8, 1987
BOARD OF COUNTY COMMISSIONERS
TERRANCE G. PIN
DIRECTOR OF UTILIT
SUBJECT: CORALSTONE
ERVICES
BACKGROUND
During the process of obtaining the Certificate of Occupancy,
Coralstone Development deeded their water lines to Indian River
County. Because Coralstone is serviced byNorth Beach Water Company
they have a Developers Agreement that requires the lines to be deeded
to North Beach Water Company. To prevent Coralstone from a legal
battle with North Beach Water Company, I recommend the lines be
transferred to North Beach Water Company. Along with the deed it
should be clearly understood that when Indian River County takes
ownership of North Beach Water Company that the deeded', lines will
revert back to Indian River County at no cost as per our franchise
agreement with North Beach Water Company.
RECOMMENDATION
The Utilities Department asks the Board of County Commissioners to
authorize the County Attorney's office to prepare the necessary
paperwork and deed the lines to North Beach Water Company with the
stated understanding.
Commissioner Eggert asked what kind of written agreement we
have about reversion.
Chairman Scurlock explained that we presently are under
negotiations with North Beach Water Company. Within their
franchise there is an acquisition provision both in the 7th and
10th year. It provides for the original cost depreciated 32% up
to a maximum of 24%, and that depreciation stops in the 7th year.
15
MAY 19 1987
�. at
BOOK
MAY 19197
BOOK 68 PAGE 333
North Beach Water has made an offer which is being analyzed, and
the Chairman anticipated bringing the information to the Board
sometime in the first part of June. Since he and Director Pinto
were under discussion relative to acquiring North Beach Water,
they could not recommend adding to the value of that system.
Director Pinto clarified that the normal process now is' that
the lines are deeded to us; however, the way the North Beach
Water Company franchise is set up is not the way it should have
been done. His concern is that under the new tax taw, whenever
property and lines are deeded to a private utility, they have to
pay a tax and that cost goes through to the customers. If these
were deeded to the county, the customers wouldn't have that cost.
Since we already had,the agreement, however, this was the way it.
had to be done so that the IRS wouldn't say we were just circum-
venting taxes.
Commissioner Eggert stressed that she wished the agreement
to state that these will revert back without cost, and
Commissioner Bird agreed.
Director Pinto confirmed that is what we are trying for.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bowman, the Board unanimously authorized
the County Attorney's office to prepare the necessary
paperwork to deed the lines to North Beach Water
Company with the understanding that they will revert
back to the County at no cost.
13TT 1T 1 QF Si LE IS ON FILE 3;N THE OFFICE OF THE CLEW TO THE BOA'S
Q. Florida Contraband Forfeiture Quarterly Report
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Wheeler, the Board unanimously accepted
the Florida Contraband Forfeiture Quarter Report
for the period ending March 31, 1987, from the
office of Sheriff Dobeck, as follows:
16
CAD
FLORIDA CONTRABAND FORFEITURE QUARTERLY REPORT
(as required by Section 932.704(5), Florida Statutes; as amended 1985)
AGENCY INDIAN RIVER COUNTY SHERIFF'S DEPARTMENT
Quartor Beginning 1-1-87 Quarter Ending 3-31-87
•
•
Beginning Balance Available for
Law Enforcement Trust Fund (A)
Collections: (B)
Sale Proceeds
Forfeited Cash
Interest Earned
Total Collections
Disbursements: (C)
Lien Satisfactions
Storage, Maintenance
and Security
Agency Forfeiture
Costs
Court Costs
Remittance to Law
Enforcement Trust
Fund
Total Disbursements
1.950.43
•
$ 196,980.36
1,950.43
Ending Balance Availablefor
Law Enforcement Trust Fund (G) $ 145.977.03
+ B -C-E=G
Appropriations Received from
Governing Body (fiscal year-to-date) (p)
Expenditures: (fiscal year-to-date) (E)
Protracted/Complex
Investigations •
Technical Equipment
Technical Expertise
Matching Funds for
Federal Grants
Automated Fingerprint
Identification
Equipment
Automated Uniform
Offense and Arrest
Report System
Other Law
Enforcement
Purposes
Total Expenditures
Appropriation Balance
(fiscal year-to-date) (F)
52,958.76
$75.981.08
52.958•.76
$ 23,022.32
rm aFCF 1
Section 932.704(5), Florida Statutes; as amended 1985, requires that "...any law enforcement agency receiving or
expending forfeited property or proceeds from the sale of forfeited property shall submit a quarterly report
documenting the receipts and expenditures, on forms promulgated by the Department of Law Enforcement, to the
entity which has budgeting authority over such anencv...".•
r
MAY 19 1981
BOOK 68 FADE335
R. Letter to Firefighters' Assoc. re Change in ALS/BLS Operations
The Board reviewed the following letter from the
representing the Fire Fighters Association:
LAW OFFICES
KAPLAN SICKING & BLOOM, P.A.
JOSEPH H. KAPLAN
RICHARD A. SICKING
STEVEN BLOOM
RICHARD VESPUCCI
KATHLEEN N. PHILLIPS
'GEORGE F. MOELLER
RAND HOCH
SONIA B. YAHR
BARRY R. LERNER
CHARLENE CARRES
of Counsel
a
VIA FEDERAL EXPRESS
May 14, 1987
Don C. Scurlock, Jr.
Chairman
South Indian River County
Fire District
Indian River County Administration
Building
1840 25th Street
Vero Beach, Florida 32960
Dear Mr. Scurlock:
attorneys
MIAMI OFFICE
1951 NORTHWEST 17th AVE'UE.
P.O. DRAWER 520337
MIAMI, FLORIDA 33152
1305) 325-1661
WEST PALM BEACH OFFICE
SUITE 200 • FORUM III
1675 PALM BEACH LAKES BLVD.
WEST PALM BEACH. FLORIDA
33401
(305) 681.94(X)
REPLY TO: WEST PALM BEACH
DISTRIBUTION LIST
Commissioners.. • ^ _-�
Administrator fO
Attorney
Personnel
Public Works
Community Dev.
Utilities
Finance
Other ';�trx ' y,tr. G.)tero
Re: Change in ALS/BLS Operations
Vero Beach Fire Fighters Association,
Local 2201
This office represents the Vero Beach Fire Fighters Association, Local
2201. We have been consulted regarding a proposal to alter the
Advanced Life Support (ALS) and Basic Life Support (BLS) system
currently operating out of three of the Fire District's Fire Stations
and with the support of the Fire District's Emergency Medical
Technicians (EMT's) and Dispatchers.
We understand from a newspaper article that a proposal has been
approved by the Indian River Memorial Hospital Taxing District
(Hospital), and approved by the Commissioners. We understand that the
Hospital plans to hire twelve (12) more paramedics. This would result
in the displacement of the Fire District's EMT's, while encrouching on
the working conditions at the Fire Stations by adding more paramedics
in the work areas, living areas, kitchens and bunk rooms.
It is our opinion that this proposal, if put into effect, would
violate the collective bargaining agreement between the Fire Fighters
and the Fire District and would be an unfair labor practice. If uni-
laterally implemented, we are prepared to file a grievance under the
union ,contract, and to file an unfair labor practice with the Public
Employees Relations Commission (PERC) in Tallahassee.
The Fire Fighters believe that the proposal now under consideration
not only is a violation of your legal obligations under the union
contract and PERC, but is a waste of axpayers money. The Fire
District has been providing EMT's for ALS and other rescue calls as
part of the Fire District's normal operating budget and function.
There :will be an unnecessary duplication of services for the Hospital
to hire paramedics while Fire District EMT's are ready and available
to provide first response service to the community, as has been done
in the past.
18
Efficiency of service is promoted by having the Fire District provide
fire and rescue service, as has been done for the past year and a
half in support of the hospital, and for twenty years before then.
We would expect you and the other Commissioners to be concerned about
the duplication of services and the double expenditure of taxpayers'
funds, as well as your legal obligations to the Fire Fighters. We are
also shocked about the lack of notice to the Fire District
administration which, with our input, might have shown the deficien-
cies in the proposal.
•
We hope that the lack of merit in the proposal will lead to its recon-
sideration. Should it not, we' are prepared to take legal action to
redress any unjust unilateral action.
MAY 19 l
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Wheeler, the Board unanimously approved
the following letter re changes in ALS/BLS operations,
and authorized the signature of the Chairman:
May 18, 1987
Stephen Bloom, Esq.
1675 Palm Beach Lakes Blvd.
Suite 200, Forum III
West Palm Beach, FL 33401
Re: Change in ALS/BLS Operations, Vero Beach
Firefighters' Association, Local 2201
In response to your letter of May 14, 1987, please be
advisedthat the only action the Board of County
Commissioners has taken with regard to recent changes in
ALS/BLS operations is to support the action taken by the
Hospital District in hiring an additional 12 paramedics for
the hospital's advance life support system. Neither the
Board of County Commissioners nor the South Indian River
District has taken any official stance on housing the 12
paramedics to be hired.
When and if the Board of the South County Fire District
takes any action which might affect the union contract with
the Vero Beach Firefighters' Association, you can be sure
that you will be given advance notice and an opportunity to
participate.
We appreciate your concern for the public safety.
Sincerely,
SOUTH INDIAN RIVER COUNTY
BOARD OF FIRE COMMISSIONERS
Don C. Scurlock, J
•,Y
•
'Orman
19
BOOK.[p���) F 1y F c ° 9'
`,V 7 I�JI T�P�4J
r7N1A71:2 1987
BOOK 68 FA3E 337
S. Cert. of Public Convenience & Necessity (Indian Riv. Shores)
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Wheeler, the Board unanimously approved
a Certificate of Public Convenience and Necessity
for Emergency Medical Services for the Town of
Indian River Shores for a period of 90 days.
1/4
.1 FPAIIIi.; A't- '-- "__dam � \ �'•
�' -.. �,_.�r. \ ,,r.. , �
' �` -----s —tom • .i�:.
EMERGENCY MEDICAL SERVICES
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
WHEREAS, the Department of Public Safety of the Town of Indian River
Shores, Florida, ambulance service provides quality emergency medical
services to the citizens of the Town of Indian River Shores, the Town of
Orchid and the North Beach area; and,
WHEREAS, there has been demonstrated that there is a need for this
ambulance service to operate in this County to provide essential services to
the citizens of this County; and,
WHEREAS, the above ambulance service has indicated that it will comply with
all applicable provisions and requirements of Chapter 401, Florida Statutes;
emergency medical service protocols as approved by the Indian River County
Board of County Commissioners; rules promulgated by the Department of
Health and Rehabilitative Services; and Federal Communications Commission
license requirements, the Board of County Commissioners of Indian River
County, Florida, hereby issues a Certificate of Public Convenience and
Necessity to this ambulance service for ninety (90) days or until an
Emergency Medical Services ordinance is adopted by the Board of County
Commissioners of Indian River County, Florida.
In issuing this certificate it is understood that the above-named ambulance
service will meet the requirements of State Legislation and provide emergency
services on a twenty-four (24) hour basis for the following areas: That area
of the barrier island in North Indian River County from the Brevard County
line following the Indian River south to Fred R. Tuerk Drive, east to the
Atlantic Ocean and north to the Brevard County line.
Approved: May 19, 1987
� r
Chairman, Bo rd o ou / Commissioners
•
„„
•.,
. .
20
REQUEST BY NORTH I.R.BLVD. PROPERTY OWNERS TO WORK WITH BOYLE
ENGINEERING
The Board reviewed memo of Public Works Director Davis:
TO:
The Honorable Menbers of the
Board of County Commissioners
THROUGH:
Charles P. Balczun,
County Administrator
DATE: May 12, 1987
SUBJECT:
FILE:
Request by Indian River
Boulevard -North Property
Owners to Work with Boyle
Engineering in Designing the
Boulevard
FROMJames W. Davis, P.E. REFERENCES: Edward P. Anzek, Darby &
Public Works Director
Way, Inc. to James Davis dated
c -11-R7
DESCRIPTION AND CONDITIONS
Three property owners controlling 440 acres of land along the north
extension of Indian River Boulevard are requesting permission to work with
the County's Engineering Consultant, Boyle Engineering, to develop an
alternate roadway alignment, an environmental mitigation plan, and
potential development plan involving approximately 30% of the 440 acres in
the area. The property owners have retained Darby and Way, Inc., Engineers
and Planners, and Wetlands and Aquaculture Assoc. to prepare plans for the
area.
ALTERNATIVES AND ANALYSIS
The County has two options in the area:
Option 1 -
Option 2 -
Allow the Property Owners the ability to work with the
County's Consultant in developing a plan to implement the
north extension of Indian River Boulevard, enhance and
dedicate existing wetlands, provide for dedication of road
right-of-way, and provide for development of approximately
30% of the area. All of the land south of Barber Avenue
(37th St) is in the City of Vero Beach and is subject to
city development approval.
Deny the request to allow the property owners the ability to
work with the County's Consultant. Authorize staff to
proceed in designing the road along the 1979 alignment with
minor changes in alignment. Right-of-way and wetland
mitigation would be by compensation based upon Fair Market
Value Appraisals. Authorize staff to seek such appraisals.
Chairman Scurlock noted that in the process of trying to
design and build the Boulevard north, questions have arisen re
the wetlands and mitigation. The group referred to haS an
interest in working with the county to coordinate the building of
the Boulevard. Obviously, acquisition of the RPM is an integral
part of that, and through this coordination, there may be a way
21
LIMY 19 1987
BOOK 6 ��..
MAY 19 197
BOOK 68 PAGE 339
for the county to receive the R/W at a reduced cost, the benefit
to the developer and the property owners being better utilization
of their land, and their effort is all geared around doing this
in an environmentally sound way. The Chairman advised that he
informed the group that they need formal direction from the Board
of County Commissioners since this actually involves a policy
decision re the wetlands.
Edward Anzek of Darby and Way, Inc., came before the Board
representing the three property owners - Mrs. & Mrs. Paul
Hoffmann, Mr. Martin Gregory (representing the Van Busch Trust)
and Mr. William Caldwell (representing the Indian River West
Association). He could not really add to what the Chairman has
said, but on behalf of the owners, he just felt a concerted
effort would be beneficial to all.
Commissioner Wheeler was not clear exactly what kind of
precedent we would be setting if we agreed to this request. He
noted that anyone has a right to come in and work with the county
in regard to any project, and he did not know that he wanted to
be in a position of saying anyone can sit down and re-engineer
the Boulevard.
Mr. Anzek agreed completely and stressed that they basically
are just asking for the Commission's endorsement or consent for
them to work with the Commission or with the engineers.
Commissioner Eggert believed that right now there are a
number of groups working with Boyle Engineering, and that firm
goes out of their way to work with all of them; so, she did not
understand why there is a special need here.
Chairman Scurlock concurred that he does not want an outside
group to design our project for us, but on the other hand, we do
have to deal with the acquisition of the R/W and we will be
intimately involvedwith this particular group from that aspect.
Commissioner Eggert believed we will be involved with them
in that aspect in any event.
22
The Chairman agreed, but believed their point is that they
have hired a number of professionals in the environmental area as
well as others, and they are eventually going to bring us a plan
showing mitigation of the wetlands and allowing them to use some
of their upland property.
Mr. Anzek confirmed that they have been working since fall
of last year doing site analysis, data collection of tie area,
some environmental studies, and would like to share this with the
county. He emphasized that they in no way wish to control or
design this for the county.
Commissioner Eggert believed that if they want to come in
and work as the other groups have, that is fine, but she did not
want to give permission to any one group to work directly with
the engineers and have everything focused in that particular
direction. Granted this group represents major land problems,
but other groups have major concerns also and each group can
affect the others.
Commissioner Wheeler brought up the point that a substantial
part of the property in question lies in the City of Vero Beach
so that anything done on the county level would have tO be
'approved through the city. Commissioner Wheeler also felt that
anything this group is requesting, they already can do, and while
he did not wish to give special leverage to any one group in
regard to designing our road, he was definitely interested in any
input they can present that would benefit the county and he
certainly would like to find a compromise that would serve both
of us.
Chairman Scurlock noted that one approach simply would be
that we don't want any development in the area, that we just want
to acquire the necessary land. Their approach as owners and
developers is that they want to utilize the land, and our goal
may or may not be in alignment with that.
Commissioner Bird asked if we can't establish some common
sense guidelines. He believed we want to be cooperative with all
23
MAY 1 9 1987
SI�OK 68 F[ J4
MAY 19 1987
BOOK 68 PAH 341
property owners in the area, and obviously they represent a major
portion, but he believed we told our engineers to design the
project in a most cost effective and timely manner, keeping in
mind the environment. If this group can get involved in the
process and not circumvent or change that philosophy or
procedure, he did not have a problem with that.
Commissioner Eggert wished to know why we can't just ask
Public Works Director Davis to set up meetings with them and the
engineers the same as he has with the other groups. She did not
understand why we have to proceed any differently than we have
been with the other groups.
Commissioner Wheeler felt at some point we need to have a
joint meeting with the Vero Beach City Council.
Chairman Scurlock noted that Director Davis has made it very
clear that there will be a great deal of involvement on the
City's part. In fact, it was suggested that this group get some
input from the City Council.
Director Davis agreed that was his recommendation, but
pointed out that this consultant, acting on behalf of owners, is
requesting that they be allowed to sit down with our consultant
and work out some alternate alignments of the Boulevard. Up to
this point, we have been developing the alignment and have been
trying to address concerns without shifting the alignment.
Discussion as to how to approach this situation continued at
length, with Commissioner Eggert emphasizing that she did not
want to deny them rights to bring in alternate plans, but she did
not want to give greater authority to one group over another. She
felt we may be putting the cart before the horse and that
possibly we should table this matter until such time as we can
have a joint meeting with the City of Vero Beach and discuss the
wetlands.
Director Davis noted that they need to know how to mitigate
the road wetland impact. He believed either mitigation along the
project frontage or off-site mitigation would be permittable;
although he believed the agencies prefer mitigation along the
project frontage, if possible.
Discussion continued in regard to asking for a joint meeting
with the City re their position on the wetlands, and various
dates were suggested.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bowman, the Board unanimously directed
staff to set up a Special Called Joint Meeting with
the City of Vero Beach to discuss the wetlands on
Wednesday, June 3, 1987, at 7:00 P.M. in the Com-
mission Chambers.
(THIS MOTION WAS WITHDRAWN LATER IN THE MEETING.)
Commissioner Eggert stated that she would like the Board to
instruct Director Davis to continue the procedure we now have for
getting input from the public, and Chairman Scurlock noted that
he is getting the impression the Commission does not want this
group to be involved with our engineers design and ourproject,
•and is indicating they should do their own thing separate and
independent and then at that meeting we will be able to discuss
their plan and see whether it is acceptable or not.
REZONING TO IL - 1 ACRE N. OF 4TH ST. W OF FEC (VERO BCH STORAGE)
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:
25
MAY 19 197
&GK 68 pr,E342
MAY i 9 1987
VERO BEACH PRESS -JOURNAL
Published Weekly
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER:
STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a P o -i-
in the matter of A A d e r� o 1
in the Court, was pub-
lished in said newspaper in the issues of Ap r+'l a 9, )9T7
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, weekly and has been entered
as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida
for a period of one year next preceeding the first publication of the attached copy of adver-
tisement; and affiant further says that he has neither paid nor promised any person, firm or
corporation any discount, rebate, commission or refund for the purpose of securing this adver-
tisement for publication in the said newspaper.
Sworn to and subscribed before me his air day of
(SEAL)
ri
) r' vl { f� f ..."— gt
(Clerk of the Circuit Court, lr than River County, Florida)
A.D. )9f7
siness Manager)
BOOK 68 PAGE 343
NOTICE — PUBLIC HEARING
Notice of hearing to consider the adoption of
a County ordinance rezoning land from: CH,
Heavy Commercial District to IL, Light Industrial
District. The subject property is presently owned
by Larry Anderson and is located west of the
F.E.C. Railroad north .of 4th Street and south of
4th Place:
The subject property Is described as:
• The south +h of the following described
parcel of land as measured • along the
. western boundary of said parcel.
The east 202.05 feet of the south 302.17
feet of the southwest'/. of the northeast
''4 of mon 13, Township 33 south,
Range 39 east, and the south 302.17 feet
of the southeast % of the northeast'' 'A of...
Section 13, Township 33 south, Range;,,`
29 east lying west of the west right -of
way line of the Florida East Coast Rail-
road, all lying and being in Indian River a
County, Florida. Less al ,rights-of-way of r
record.
A public hearing at which parties in Interest
and citizens shall have an opportunity to be
heard, will be held by the Board of County Com-
missioners of Indian River County, Florida in the
County Commission Chambers of the County
Administration Building, located at 1840 25th
Street, Vero Beach, Florida, on Tuesday, May 19,
1987 at 9:05 a.m.
Anyone who may wish to appeal any decision
which may be made at this meeting will need to
ensure that a verbatim record of the proceedings
is made which includes the testimony and evi-
dence upon which the appeal will be based. . t
Indian River County
Board of County Commissioners •
By -s -Don C. Scurlock Jr., Chairman
April 29, 1987
Planner Davis Nearing made the staff presentation:
- TO: The Honorable Members
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE:
DATE: April 13, 1987
FILE:
SUBJECT: VERO BEACH STORAGE CENTER,
INC., REQUEST TO REZONE
1 ACRE FROM CH, HEAVY COM-
MERCIAL DISTRICT, TO IL
LIGHT INDUSTRIAL DISTRICT
- Robert M. Keat g,
Director, Community Development
Division
FROM:R shard 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 May 19, 1987.
26
1
DESCRIPTION & CONDITIONS
Vero Beach Storage Center, Inc., an agent for Larry Anderson,
the owner, is requesting to rezone one acre located west of the
F.E.C. Railroad, north of 4th Street, and south of 4th Place from
CH, Heavy Commercial District, to IL, Light Industrial District.
The applicant intends to expand the storage facility located
north of the subject property to include indoor and outdoor
storage facilities on the subject property.
On April 9, 1987, the Planning and Zoning Commission voted 7 -to -0
to recommend approval of this request.
ALTERNATIVES & ANALYSIS
In this section, an analysis of the reasonableness of the appli-
cation will be presented. The analysis will include ,a descrip-
tion of the current and future land uses of the site and sur-
rounding areas, potential impacts on the transportation and
utility systems, and any significant adverse impacts on environ-
mental quality.
Existing Land Use Pattern
The subject property is undeveloped. North of the subject
property is the Vero Beach Storage Center zoned IL. East of the
subject property, across the F.E.C. railroad, is a muffler shop
zoned CH. South of the subject property, across 4th Street, is a
mobile home park zoned RMH-6, Mobile Home Residential District,
and two mobile homes, a warehouse and a mini -storage facility
zoned CH. West of the subject property are two single-family
dwellings, Hibiscus Manor and a floor covering busines$ zoned CH.
Future Land Use Pattern
The Comprehensive Plan designates the subject property and all of
the land around it as part of the U.S. 1 MXD, Mixed -Use District
(up to 6 units/acre). The proposed IL zoning is in conformance
with the Comprehensive Plan and is consistent with the IL zoning
to the north.
Transportation System
The subject property has frontage on 4th Street (classified as a
primary collector street on the Thoroughfare Plan) and to 4th
Place (classified as a local street). The CH and IL Districts
would allow a similar amount of traffic to be generated by this
property.
Environment
The subject property is not designated as environmentally
sensitive nor is it in a flood -prone area.
Utilities
County water is available. County wastewater facilities are not
available.
RECOMMENDATION
Based on the above analysis, staff recommends approval.
27
MAY 19 1987
BOOK 68 r<1F '.44
r
MAY 19 1987
BOOK 68 fA;E 345
Director Keating advised that this rezoning to IL would be
an extension of the IL to the north to allow expansion of the
applicant's storage facility that is north of the property.
The Chairman asked if anyone present wished to be heard.
There being none, he declared the public hearing closed.
ON MOTION by Commissioner Wheeler, SECONDED by Com-
missioner Eggert, the Board unanimously adopted
Ordinance 87-39 rezoning the subject property to
IL as requested by Vero Beach Storage Center, Inc.
ORDINANCE NO. 87-39
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:
The south } of the following described parcel of land as
measured along the western boundary of said parcel.
28
The east 202.05 feet of the south 302.17 feet of the
southwest of the northeast i of Section 13, Township 33
south, Range 39 east, and the south 302.17 feet of the
southeast i of the northeast i of Section 13, Township 33
south, Range 39 east, lying west of the west right-of-way
line of the Florida East Coast Railroad, all lying and being
in Indian River County, Florida. Less all rights-of-way of
record.
Be changed from CH, Heavy Commercial District, to IL, Light
Industrial 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
of MaY , 1987.
19th
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
By 7e71%
Don C. Scurlock,
ATTEST BY:
day
Chairman
COUNTY -INITIATED REQUEST TO ESTABLISH SELF-SERVICE STORAGE
.FACILITIES IN CG AS SPECIAL EXCEPTION USE
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:
29
MAY 19 1987
BOOK bb F'nE 346
r91987
VERO BEACH PRESS -JOURNAL
Published Weekly
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER:
STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a 004-ite
in the matter of rTP ei,,,5 Sec%cn 2.
in the Court, was pub -
fished in said newspaper in the issues of pp r, / a i, mg-)
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, weekly and has been entered
as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida
for a period of one year next preceeding the first publication of the attached copy of adver-
tisement; and affiant further says that he has neither paid nor promised any person, firm or
corporation any discount, rebate, commission or refund for the purpose of securing this adver-
tisement for publication in the said newspaper.
Sworn to and subscribed before m , this
(SEAL)
day of 4f, -t/ A D. 1'17
�, Y.�.• •s $ f . - mnca� mancgm,
(Clerk of the Circuit Court, Indian River County, Florida)
BOOK 68 F3 E-34"1
NOTICE—PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the Board of
County Commissioners of Indian River County,
Florida, shall hold a public hearing at which par-
ties In interest and citizens shall have an oppor-
tunity to be heard, in the County Commission
Chambers of the County Administration Build-
ing, located at 1840 25th St, Vero Beach, Flor- ,
Ida, on Tuesday, May 19, 1987, at 9:05 a.m. to
consider the adopting the adoption of an Ordi-
nance entitled:
AN ORDINANCE OF INDIAN RIVER
COUNTY, FLORIDA, AMENDING SEC -;i'
TION 2. LANGUAGE AND DEFINITIONS,'
SECTION 20. CO: GENERAL COMMER-
CIAL DISTRICT, AND SECTION 25.1.. :;d
REGULATIONS FOR SPECIFIC LAND
USES, OF APPENDIX A OF THE CODE
OF LAWS AND ORDINANCES OF IN- ..
DIAN RIVER COUNTY, KNOWN AS THE:-
ZONING ORDINANCE, PROVIDING FOR
CREATING A DEFINITION OF SELF
SERVICE STORAGE FACILITIES, RE-,.
PEALING THE DEFINITIONOF MINI
WAREHOUSES, ESTABUSHING SELF
SERVICE STORAGE FACIUTIES AS A
SPECIAL EXCEPTION USE IN THE CG
DISTRICT, AND PROVIDING FOR RE-
PEAL OF CONFLICTING PROVISIONS,
CODIFICATION, SEVERABILITY, AND
EFFECTIVE DATE.
A copy of the proposed ordinance Is available
at the Planning Department office on the second
floor of the County Administration Building.
Anyone who may wish to appeal any decision
Which may be made at this meeting will need to
ensure that a verbatim record of the proceedings
is made, which includes testimony and evidence
upon which the appeal Is based.
Indian River County
Board of County Commissioners • -•
By: -s -Don C. Scurlock, Jr.
Chairman
April 29, 1987
Planner Davis Nearing reviewed the following memo:
30
TO: The Honorable Members
of the Board of County
Commissioners
DIV ON HEAD CONCURRENCE:
DATE: May 5, 1987 FILE:
// �/ . SUBJECT: COUNTY-INITATED REQUEST
•osert M. Kea inP TO ESTABLISH SELF-SERVICE
Planning & Development Director STORAGE FACILITIES IN THE
CG DISTRICT AS A SPECIAL
EXCEPTION USE
FROM: David C. Nearing cS 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 May 19, 1987.
DESCRIPTION & CONDITIONS
The staff is initiating a request to amend the zoning ordinance
by establishing self-service storage facilities as a special
exception use in the CG, General Commercial District, and to
replace the current definition of mini -warehouses with a
definition of self-service storage facilities.
Self-service storage facilities have been referred to as
mini -storage facilities or mini -warehouses in the past, However,
as this industry has evolved, it has become clear that these
facilities are not warehouses which have employees but are small
storage facilities which have customers. Warehouses are usually
used by manufacturers, whereas families and small businesses use
self -storage facilities.
With the growth of this industry over the last twenty years, many
communities have reevaluated their regulations concerning these
facilities. Some communities currently allow self-service
storage facilities as a conditional use in residentially -zoned
areas.
On April 23, 1987, the Planning and Zoning Commission unanimously
recommended that the Board of County Commissioners adopt this
ordinance.
ALTERNATIVES & ANALYSIS
Based on recent changes in the regulation of self-service storage
facilities, the staff feels that these facilities should be
allowed as a special exception use in the CG district with
specific criteria included to ensure that they are not a
warehouse but a facility designed to provide limited storage
space for families and small businesses. The definition of
self-service storage facility included in the attached ordinance
was developed by the Florida Legislature in its efforts to
support the industry.
RECOMMENDATION
Based on the above analysis, staff recommends approval of the
attached ordinance.
31
MAY 19 1987 BOOK 68 F9 f 34 4
BOOK 68 FAGL 349
The Chairman asked if anyone present wished to be heard.
There being none, he declared the public hearing closed.
ON MOTION by Commissioner Bowman, SECONDED by Com-
missioner Eggert, the Board unanimously adopted
Ordinance 87-40 establishing self-service storage
facilities in the CG District as a special excep-
tion use.
ORDINANCE NO. 87- 40
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING
SECTION 2. LANGUAGE AND DEFINITIONS, SECTION 20. CG:
GENERAL COMMERCIAL DISTRICT, AND SECTION 25.1.
REGULATIONS FOR SPECIFIC LAND USES, OF APPENDIX A OF
THE CODE OF LAWS AND ORDINANCES OF INDIAN RIVER COUNTY,
KNOWN AS THE ZONING ORDINANCE, PROVIDING FOR CREATING A
DEFINITION OF SELF-SERVICE STORAGE FACILITIES,
REPEALING THE DEFINITION OF MINI -WAREHOUSES,
ESTABLISHING SELF-SERVICE STORAGE FACILITIES AS A
SPECIAL EXCEPTION USE IN THE CG DISTRICT, AND PROVIDING
FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATION,
SEVERABILITY, AND EFFECTIVE DATE.
BE IT ORDAINED by the Board of County Commissioners of
Indian River County that:
SECTION 1
Section 2 (b) of the Code of Laws and Ordinances is hereby
amended by repealing the definition of mini -warehouses as follows:
Sec. 2. Language and definitions.
(b) Definition of terms.
014/147'04t0A0>Q$0$. X 161,144dbit g5t dt0 i0 Of 151IL4X4L1+4$ IA $
004U0444d A000$$ 00 i$6>bAd tM$ 0011UUX7$ 040A1 sat )b#tt4At
$4$4 Of 44611'01414AL 00416; tti0AUXU0d, AA . 001+itt011.061
A004$$ 4044$ X001L0t$ fit 00 511041 0tOtAdO Of 00
040104 tr $ &W$ of 0At0$ .
SECTION 2Y
Section 2 (b) of the Code of Laws and Ordinances is hereby
amended by creating a definition of self-service storage facility
as follows:
Sec. 2. Language and definitions.
(b) Definition of terms.
Self-service storage facility. Any real property
desi•ned and used for the •ur•ose of rentin• or leasin•
individual storage spaces to tenants who are to have access
to such space for the purpose of storing and removing
personal property.
Coding: Words in $titelOt$t& type are deletions from existing law.
Words underlined are additions.
32
SECTION 3
Section 20 (d) (7) of the Code of Laws and Ordina
hereby created as follows:
Sec. 20. CG: General Commercial District.
(d) Special Exception Uses
(7) Commercial Services (Sec. 25.1 (b)):
Self-service storage facilities
ces is
SECTION 4
Section 25.1 (b) (2) of the Code of Laws and Ordinances is
hereby created as follows:
Sec. 25.1. Regulations for specific land uses.
(b) Commercial services.
(2) Self-service storage facilities (Special
Exception).
a. Districts requiring special exception:
Self-service storage facilities may be
allowed in the CG District upon receiving
approval for a special exception as provided
in Section 25.3 and after meeting the
requirements defined below.
b. Additional information requirements:
1. A written statement that no commercial
activity, vehicular service or repair, or
storage of hazardous materials shall be
allowed and that this requirement
will be included in every tenant's lease
agreement.
2. A site plan meeting all of the requirements
of Sections 23.1, 23.2 and 23.3.
c. Criteria for self-service storage facilities:
1. Buildings shall not exceed twelve (12) feet
in heighth.
2. Storage units shall not exceed three hundred
(300) square feet in size.
3. Outdoor storage shall be prohibited.
4. All outdoor lights shall be shielded to
direct light and glare only onto the self-
service storage facility premises. Light and
glare shall be deflected, shaded and focused
away from all adjoining property.
5. Self-service storage facility lots shall not
exceed three (3) acres.
6. Quarters for resident managers may be
included within the facility
SECTION 5
REPEAL OF CONFLICTING PROVISIONS
All previous ordinances, resolutions, or motions of the Board
of County Commissioners or 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
33
MAY 19 1987
BOOK
3,5(
M AY 1 1981
BOOK 68 Oa 351
legislature applying only to the unincorporated portion of Indian
River County and which conflict with the provisions of this
ordinance are hereby repealed to the extent of such conflict.
SECTION 6
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 7
SEVERABILITY
If any Section, part of a sentence, paragraph, phrase or word
of this ordinance is for any reason held to be unconstitutional,
inoperative or void, such holdings shall not affect the remaining
portions hereof and it shall be construed to have been the
legislative intent to pass this ordinance without such
unconstitutional, invalid or inoperative part.
SECTION 8
EFFECTIVE DATE
The provisions of this ordinance shall become effective upon
receipt from the Florida Secretary of State of official
acknowledgment that this ordinance has been filed with the
Department of State.
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida on this 19th day of May , 1987.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
BY:
,64
DON C. SCURLOC , JR.
FR J WRIGHT, CLERK
ATTEST BY:
34
REZONING TO RM -6 - 8TH ST./82ND AVE. (CAMPO/BOLINGER)
The hour of 9:05 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
,.
VERO BEACH PRESS -JOURNAL
Published Weekly
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER:
STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a Net/Ce
in the matter of 13011'19er-
in the Court, was pub-
lished in said newspaper in the issues of A pr; I '•411 1567
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, and that the said newspaper has heretofore
been continuously published in said. Indian River County, Florida, weekly and has been entered
as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida
for a period of one year next preceeding the first publication of the attached copy of adver-
tisement; and affiant further says that he has neither paid nor promised any person, firm or
corporation any discount, rebate, commission or refund for the purpose of securing this adver-
tisement for publication in the said newspaper.
Sworn to and subscribed bef, e m i� his f� day of Apt i) A.D. 9 i ' 1
(SEAL)
•
iness Manager)
(Clerk of the Circuit Court, I 'Chan River County, Florida)
NOTICE =PUBLIC HEARING `^"
Notice of hearing to consider the adoption of -
a County ordinance rezoning : land from: A-1,
Agricultural District, to RM -6, Multiple -Family
Residential District. The subject propertyis pre-
sently owned. by Richard A. Bolinger (trustee)
and Is located west of 82nd Avenue and north of
8th Street _,_ .. •g
The subject property Is described as + z{
West 10 acres of Tract 16, Section 11
0 Township 33 south, Range 38 east, ac- s s,:
_,r. cording to the plat thereof of INDIAN :.;.•
• oHiceRof the Clerk 01 thFARMS Circuit Court of •
page 25; saicie d lands now lyinIn g and bebooing
. In Indiarh River County, Florida. LESS ' and except the south 80 feet thereof for
road right-of-way. ..
A public hearing at which parties In interest
be
and citizens
will be held by the Boarhave an dofCounnty to
of Indian River County, Florida In the
County Commission Chambers of the County
d at 1840 25th -
Administration
rieeroBeach. Floda, on Tuesday, May 19,
1987 at 9:05 a.m.
The Board of County Commissioners may
1 grant a less Intense zoning district than the dis-
trict requested provided It Is within the same
general use category. anydecision
Anyone ho may wish,to appeal
which mayWbe made at this meeting will need to
ensure that verbatim record of the proceedings.
Is made which includes the testimony and evi-
dence upon which the appeal will be based. -- :r;
Indian River County
Board of County Commissioners
By -s -Don C. Scurlock Jr., Chairman
April 29,1987';, ;K
Planning Director Keating reviewed the following:
35
MAY 19 1987
L_
BOOK
MAY 19 1987
BOOP( 68 FK,L 353
TO: The Honorable Members DATE: May 5, 1987 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE:
obert M. Kea
ng, L' CP
SUBJECT: CAMPO/BOLINGER REQUEST
TO REZONE 9.56 ACRES FROM
Planning & De'elopment Director A-1, AGRICULTURAL DIST-
RICT, TO RM-, MULTIPLE -
FAMILY RESIDENTIAL
DISTRICT
FROM: Richard M. Shearer, REFERENCES:
Chief, Long -Range Planning
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of May 19, 1987.
DESCRIPTION & CONDITIONS
Jack Campo, an agent for Richard Bolinger, trustee, is requesting
to rezone 9.56 acres located on the north side of 8th Street and
approximately one-quarter mile west of 82nd Avenue from A-1.,
Agricultural District (up to 1 unit/5 acres), to RM -6,
Multiple -Family Residential District (up to 6 units/acre).
The applicant intends to develop this property for residential
housing.
On April 9, 1987 the Planning and Zoning Commission reviewed the
applicant's original request to rezone this parcel to RM -8,
Multi -Family Residential District (up to 8 units/acre). Staff
recommended that this request be denied and instead that the site
be rezoned to RS -6, Single -Family Residential (up to 6
units/acre). The Planning and Zoning Commission concluded that
RM -8 was too high a density for this area due to the
characteristics of the area and the existing densities' based on
this determination they voted 7-0 to deny the request for RM -8.
However, on a subsequent motion they voted 5-2 to recommend to
the Board of County Commissioners that the subject property be
rezoned to RM -6. The applicants agreed to this decision.
ALTERNATIVES & ANALYSIS
In this section, an analysis of the reasonableness of the appli-
cation will be presented. The analysis will include a descrip-
tion of the current and future land uses of the site and sur-
rounding areas, potential impacts on the transportation and
utility systems, and any significant adverse impacts on environ-
mental quality.
Existing Land Use Pattern
The subject property is undeveloped. North of the subject
property is a mobile home park developed at a density of 6.5
units per acre which is zoned RMH-8, Mobile Home Residential
District (up to 8 units/acre). East of the subject property is
undeveloped land zoned A-1 and three single-family dwellings
zoned RS -1, Single -Family Residential District (up to 1 unit/ -
acre). South of the subject property, across 8th Street, are
citrus groves and the County's west sub -regional wastewater
treatment plan zoned A-1. West of the subject property are two
single-family dwellings and undeveloped land zoned A-1. Approxi-
mately one-quarter mile west of the subject property on the south
side of 8th Street is a 145 acre sod farm which was rezoned in
February from A-1 to RS -3, Single -Family Residential District (up
to 3 units/acre).
36
Future Land Use Pattern
The Comprehensive Plan designates the subject property and the
land north, east and west of it as MD -1, Medium -Density
Residential 1 (up to 8 units/acre). The land south of the subject
property is designated as AG, Agricultural (up to 1 unit/5
acres). The land approximately one-quarter mile west of the
subject property on the south side of 8th Street was redesignated
from AG to LD -1, Low -Density Residential 1 (up to 3 units/acre),
in February.
In reviewing this request, staff notes that even though they are
zoned RMH-8, the mobile home parks located north of the subject
property are developed at a density of between 5 and 6.5 units
per acre, and have many of the characteristics of a typical
single-family subdivision. Based on these facts and the fact
that the property immediately south of the subject property can
only be developed at a density of one unit per 5 acres, the staff
feels that a multiple -family zoning designation is inappropriate
for the subject property. As an alternative, staff feels that
the RS -6, Single -Family Residential District, would be
appropriate for the subject property.
Transportation System
The subject property has direct access to 8th Street (classified
as a secondary collector street on the Thoroughfare Plan). The
maximum development of the subject property under RM -6 zoning
would allow 57 dwelling units which could generate up to 416
average annual daily trips.
Environment
The subject property is not designated as environmentally
sensitive nor is it in a flood -prone area.
Utilities
A County watermain is located on 8th Street. The County does not
currently have capacity at the west subregional wastewater plant
to service the subject property.
RECOMMENDATION
Based on the above analysis, and fully respecting the abilities
of the Planning and Zoning Commission, staff must maintain its
recommendation that the subject property not be rezoned to RM -6.
The staff maintains that the RS -6 district is appropriate for the
subject property, and recommends it be rezoned as such.
Director Keating noted that this is a difficult request.
This property is at the very southern boundary of the RM -8 area;
it is surrounded by single family houses on large lots; and it is
very difficult to try to determine who is being buffered from
whom and provide appropriate transition.
Chairman Scurlock believed the type of transition they are
talking about is not multi family vs. single family because the
mobile homes happen to be single family. Also, there are large
homes on large acreages all around this immediate vicinity, and
37
MAY 19 197
BOCK 68 m3E 354
MAY 91 1987
BOOK 68 f'r;CE 355
from his standpoint, multi -family would not be consistent with
any of the uses there.
Commissioner Eggert commented that this is an area that was
really struggled over in the Comprehensive Plan, and Director
Keating stated that what staff is recommending is consistent with
the Comp Plan and staff agrees with everything the Chairman just
said.
Commissioner Eggert asked if RS -3 wouldn't accommodate most
of what is out there, and Director Keating believed it would be
consistent with what is to the east and west and the only thing
you took at then is the relatively high density of the mobile
home park to the north.
Chairman Scurlock noted you have the existing single family.
along that second block back running almost up to the mobile home
park; Commissioner Wheeler believed we just rezoned RS -3 to the
south and west; and it was further noted some RS -1 is close by.
Discussion continued re zoning in the vicinity.
The Chairman asked if anyone present wished to be heard.
Engineer Steve Moler informed the Board that he is present
on behalf of the applicant and would like to reserve his comments
and answer any questions after the public hearing.
Malcolm Austin, 348 Heritage Blvd., Heritage Estates,
expressed concern about the proposed zoning next to their park
which is composed of 440 single family homes.
Attorney Steve Henderson came before the Board representing
about eight property owners along 8th St., many of whom have
large homes on large tracts of land. He believed the highest
density in the area today is about one unit an acre. Attorney
Henderson thought it is apparent the only reason this area is
MD -1 is because you have to have that for mobile home develop-
ment; otherwise, he doubted whether the Commission ever would
have extended the MD -1 this far south. Because they did,
however, the Board has ended up with a situation where they have
to control the transitions, and the single-family residents are
38
counting on the Commission to control this with zoning since it
isn't controllable by the Land Use Plan.
Attorney Henderson felt it only makes sense to permit higher
density as you near Route 60 and that it should be gradually
-decreased as you move away from it. in addition, the subject
property is right across the street from an Agricultural land use
designation, which is one unit to five acres, and RR -2 which
allows one unit per two acres is right across the street on 82nd
Avenue. The people he represents would like to see a density of
no more than one unit an acre. They feel there has been enough
single family development here to establish the character of the
neighborhood, and Attorney Henderson believed the Board set a
policy when they responded before to the concern of the residents
in the 16th Street area re the established neighborhood
character.
Art Maier, 8716 8th Street, resident of this area for 20
years, stated that he lives on 10 acres and feels zoning should
be used to protect the existing homes. He asked the Board to
consider a density of one unit per acre as did Troy Bullard, J.
C. Griffin, David Foster, and Beverly Stokes, alt residents of
the area living on parcels of one acre or more.
Robert Cox of Heritage Village spoke opposing the proposed
change as he did not feel it is compatible with other properties
in the area, and Richard Krebs, Rita Maier, and Tod Bullard, all
stated their preference for RS -1.
Engineer Steve Moler presented a zoning map of the area
showing the project site, the location of the county wastewater
treatment plant, the existing mobile home parks, and stressed
that this site is in proximity to about 500 acres of mobile home
district. Within those zones not only is it zoned for mobile
homes, but mobile home projects have been constructed. Directly
north of the subject site is Heritage Village.
Commissioner Eggert inquired about the density in; Heritage
Village, and Mr. Moler believed it is about 6. They had felt it
MAY 19 1987
39
-, F-- a-•,
BOOK jti
MAY 19 197
BOOK 68 DGE 57
was higher, upwards of 10, and that is why they at first applied
for RM -8. Their position is that the mobile home area should be
provided with a buffer between the future single family
development that may occur. The predominant zoning in this area
(over 60%) is mobile homes. There are utilities available for
this project site, and they feel that to place a single family
home district of one unit per acre next to a mobile home district
is not consistent with overall zoning of the area.
The Chairman determined that no one further wished to be
heard, and thereupon declared the public hearing closed.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bowman, the Board unanimously denied the
request to rezone to RM -6.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bowman, the Board unanimously adopted
Ordinance 87-41 rezoning the subject property to
RS -1.
ORDINANCE NO. 87- 41
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
40
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:
West 10 acres of Tract 16, Section 11, Township 33 south,
Range 38 east, according to the plat thereof of Indian River
Farms Company, filed in the office of the Clerk of the
Circuit court of St. Lucie County, Florida in plat book 2,
page 25; said lands now lying and being in Indain River
County, Florida. Less and except the south 60 feet thereof
for road right-of-way.
Be changed from A-1, Agricultural District,
Family Residential District.
All with the meaning and intent and as set forth and
described in said Zoning Regulations.
Approved and adopted by the Board of County
Commissioners of Indian River County,
of May , 1987.
to RS -1, Single
Florida on this 19th day
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
By
Don C. Scurlock, Jr.(/Chairman
ATTEST BY: i =2Gt-ate GU/te.
FREDA WRHT,'elCky
SPECIAL EXCEPTION USE APPROVAL - CHILD CARE FACILITY (W.J.MILLS)
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:
4t
LMAY 19 1987
BOOK 68 f'AGE 358
N1AY 19 1987
VERO BEACH PRESS -JOURNAL
Published Weekly
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER:
STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a NO'i' i CE.
in the matter of tail'G1' Cctre CPA+ef•
in the Court, was pub-
lished in said newspaper in the issues of Art
rt I. 1 291 1 qff
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, weekly and has been entered
as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida
for a period of one year next preceeding the first publication of the attached copy of adver-
tisement; and affiant further says that he has neither paid nor promised any person, firm or
corporation any discount, rebate, commission or refund for the purpose of securing this adver-
tisement for publication in the said newspaper.
Sworn to and subscribed befo - me is
(SEAL)
op 4
day of
A.D. i98'
- 0,,t,
usiness Manager)
(Clerk of the Circuit Cou44ndian River County, Florida)
BOOK 68 F.k F'"50
Notice. of
NOTICE
ublic Hear ng o cG n der the
granting of special exception approval for a
child care center. The subject properly is pre-
sently owned by Glenn and Dorothy Strunk and .
Mary Jane Mills and Is. located at •760 20th Ave-
nue.The , subject rty
is described as:
THE OUTHp260 FEET OF THE NORTH
548 FEET. OF THE WEST 10 ACRES OF,.
TRACT 2, SECTION 14, TOWNSHIP 33
SOUTH, RANGE 39 EAST, ACCORDING
TO THE LAST GENERAL PLAT OF
- LANDS OF THE INDIAN RIVER FARMS
COMPANY FILED IN THE OFFICE OF
• THE CLERK OF THE CIRCUIT COURT
OF ST. LUCIE COUNTY, FLORIDA, IN
PLAT BOOK 2, PAGE 25; SAID LAND
NOW LYING AND BEING IN INDIAN
RIVER COUNTY, FLORIDA.
A csshhkprtin ntbe
and citizens ll have an portunityo be
heard, will be held by the Board of County Com-
missioners of Indian River County, Fltoyrida In the
Commission
Adminis-
tration Building, Chambers
ocated f ate 1840 25th Street,
Vero Beach, Florida, on Tuesday, May 19, 1987,
at 9:05 a.m.
Anyone who may wish to appeal any decision
which may be made at this meeting will need to
ensure that a verbatim record of the proceedings
to made which Includes the testimony and evi-
dence upon which the appeal will be based -
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
By -s- Don C. Scurlock, Jr. •
April 29, 1987 •
•
Staff Planner John McCoy made the following presentation:
42
TO: The Honorable Members of DATE: April 28, 1987
the Board of County Commissioners
DIVISION HEAD CONCURRENCE:
obert eJatin A SUBJECT:
Community Developmen Division
Director
THROUGH: Stan Boling_4.6
Chief, Current Development
FROM:
John W. McCoy
Staff Planner
FILE:
MARY JANE MILLS! REQUEST
FOR THE GRANTING OF
SPECIAL EXCEPTION USE
APPROVAL FOR A CHILD CARE
FACILITY
REFERENCES:
mills
JOHN2
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of May 19, 1987.
PROPOSED DEVELOPMENT AND LOCATION
Mary Jane Mills has submitted a minor site plan to convert a
residence into a day care center. Due to the fact that this
property is in the RS -6 zoning district, the child car center is
a special exception use and must go through the special exception
approval process. The subject property is located at 760 20th
Avenue, approximately 290 feet south of the 8th Street/20th Avenue
intersection. The facility, which is to utilizethe existing
house that is situated on the property, will provide care for 50
children.
At its April 23, 1987 regular meeting, the Planning and Zoning
Commission considered this request and recommended that the Board
of County Commissioners deny this application (see attachment #5).
Pursuant to Section 25.3 of the Zoning Code, Regulation of Special
Exception Uses, the Board of County Commissioners is to consider
.the appropriateness of the requested use based on the submitted
site plan and the suitability of the site for that use. The
County may attach any conditions and safeguards necessary to
assure compatibility of the use with the surrounding area.
ANALYSIS:
1. Size of Property: 1.75 acres or 76,180 sq. ft.
2. Zoning Classification: RS -6, Residential Single
to 6 units/acre)
Family (up
3. Land Use Designation: LD -2, Low Density Residential (up to 6
units/acre)
4. Building Area (existing house): 4,838 sq. ft.
5. Traffic Circulation: Internal traffic circulation will be
achieved by a one-way looped driveway with ingress and egress
points on 20th Avenue. The driveway will be expanded to two
aisles in front of the building to facilitate a loading zone
and bypass lane.
The major off-site traffic concern is the level of service of
the intersection at 8th Street and 20th Avenue. The proposed
use is estimated to add 24 trips per peak hour to this
intersection. This intersection is currently at a peak hour
Level -of Service "E". The site plan ordinance states that:
43
MAY 10 `987
L
BOOK
rMAY 19 197
BOOK 68 F GE Jbi
"...developments shall not be approved which lower the
Level of Service (LOS) on major thoroughfares and/or
intersections below LOS C on an average annual basis, or
below LOS D during either peak hour or peak season
conditions."
This ordinance requirement prohibits the facility from
locating at the subject site as long as this intersection
remains at an inadequate level of service.
Currently this intersection is slated for intersection
improvements in the 1995-2000 stage of the Long -Range Major
Street and Highway Program. The applicant has two alter-
natives which would bring the intersection up to an accept-
able the level of service prior to occupancy.
1. The applicant could petition the County to reprioritize
the timing of improvements to the intersection, making
the intersection part of the 5 year (near-term) capital
improvements program (CIP). In this case, the County
would bear the cost of intersection improvements.
However, this would not be the most expedient method of
providing improvements, since it would take the County
approximately two years to study, design and engineer,
and construct the intersection improvements.
2. The most expedient method would be for the applicant to
construct the improvements needed to bring the inter-
section up to an acceptable LOS. Currently, more
detailed study of the intersection would be needed to
determine what improvements are needed to bring the
level of service at the intersection up to an acceptable
standard.
Regardless of how improvements are provided, the use cannot
be put into operation until improvements are made to the
intersection.
Approval of this plan with the condition (no C.O. until
improvements are made to the intersection which raise the
level of service to an acceptable standard) recommended by
staff would provide a private incentive to improve the 8th
Street/20th Avenue intersection. This incentive could
expedite the improvements to this intersection (e.g. private
engineering and design), benefitting the area and general
public. If the applicant did not chose to expedite the
process they would be effectively prohibited from operating
this facility by this recommended condition.
6. Off -Street Parking Required: 6 spaces
Provided: 6 spaces
7. Drainage Plan: The drainage plan has received approval from
the Public Works Department.
8. Landscape Plan: The proposed landscape plan is in
conformance with Ordinance 84-47.
9. Utilities: The site will utilize County water and an on-site
septic system. The water connection has been approved by the
Director of Utilities, and the septic system has been
approved by the Environmental Health Department.
10. Surrounding Zoning & Land Uses: North: RS -6, Church
East: RS -6, Residences
West: RS -6, Vacant
South: RS -6, Residence
44
11. Ordinance requirements for child
25.1(f)(1)].
a)
b)
c)
d)
e)
care facilities [Sec.
a major
Location on a paved public road near
thoroughfare.
Special passenger loading/unloading facilities.
State of Florida regulations governing child
facilities.
Adequate active play yard
the first 20 children plus
each additional child over
A solid wall or fence five
and side property lines
property.
Section 25.1 of the Zoning Code, Regulations for Specific Land
Uses, details specific criteria (listed above) to be considered
when reviewing a child care center as a special exception use.
All criteria including adequate outdoor play area and screening
requirements have been met.
care
containing 2,000 sq. ft. for
an additional 150 sq. ft. per
20.
feet in height along the rear
adjoining residential zoned
RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve
the special exception use with the condition that prior to the
issuance of a'certificate of occupancy (C.O.), improvements be.
made to the intersection that raise the level of service of the
intersection to an acceptable standard.
Commissioner Eggert inquired as to just what improvements
are planned for this intersection.
Traffic Engineer Michael Orr advised that, in response to
this request, they have looked at the intersection and, are
recommending several improvements - left turn lanes on all the
approaches and a traffic signal, and this should go to the TPC
'during the June meeting.
Commissioner Eggert wished to know how far south of the
intersection a turning lane would extend and whether it would
affect the subject property.
Engineer Orr believed a left turn lane could be b.rilt in and
tapered within 400', which is where their driveway is.
Commissioner Bowman asked how long these improvements would
take if they were fast tracked.
Mr. Orr felt possibly a year or more. There are problems
with utilities on several of the corners and to get those moved
takes quite a while.
In discussion, it was noted that this intersection is in
the 1995-2000 stage of our transportation improvement plan, and
45
MAY 19 1987 BOOK 68
71C16-7,!"
NAY 19 1987
BOOK 68 FA;E 363
it would have to be elevated to our 5 year plan and then given
top priority.
Director Keating felt it is important to realize that the
reason day care is a special exception in residential districts
is to keep this type of use close to the homes of those who would
be using the facilities. It has been pretty much determined that
centers such as these are not compatible with commercial, and
white special exception uses are not always compatible with an
area, given certain requirements they can be made compatible. He
pointed out that it was primarily through the filing of this
application that the deficiency of this intersection was identi-
fied.
Commissioner Eggert appreciated that but stated that she has
a lot of trouble approving something that is dependent on further
decisions by other committees and agencies that will probably
take a year or more.
Director Keating noted that when all other site plan
criteria are met and it is a question of actually putting in a
certain number of improvements, staff recommends approval with
the understanding that the applicant may be able to facilitate
this by participating financially or some other way.
Chairman Scurlock stated that he felt awfully uncomfortable
about this particular special exception. He did agree that, on
one hand, you put the center where it is convenient for those it
is going to service, but on the other hand, he personally
wouldn't want to live next to one. He wondered if it wouldn't be
better for us to create specific districts for child care
centers.
Commissioner Bowman commented that she is not fond of
little kids, but she would not mind living next to a day care
center. It isn't as noisy as people think - they go home at
night and they are not there on weekends, and she did not think
it is that objectionable.
46
Commissioner Wheeler noted that people used to do this
babysitting in their homes, but then the state started regulating
this and adding rules and turned it into some type of business,
and now the push is to move them into commercial districts. He
felt babysitting is babysitting no matter what you call it.
Commissioner Wheeler continued that he drives by at least two day
care centers every day at peak hours and has never noticed a
traffic problem nor seen the children outside where they are
visible. If there wasn't a sign, you wouldn't know thy were
child care centers.
Commissioner Bowman did not feel designating certain
districts for such centers would work. Actually, she felt this
particular place is a perfect location with a big house and a
very large yard.
Commissioner Bird also did not believe we can force these
centers to go into commercial districts. We are trying to
provide child care for the children of parents who have to work,
and he felt the way we have it with special exception where these
can be in certain neighborhoods under certain controlled
situations is the best way.
In continuing discussion re site plans, etc., it was noted
this is an existing building, and Director Keating advised they
have met all the criteria once they have met the conditions re
the intersection.
Commissioner Bowman understood that we can approve this with
the proviso there wilt be no C.O. issued until the traffic condi-
tions are met, and that was confirmed.
Commissioner Eggert commented that what concerns her is
that she does not want just a Tight to go up there.
Engineer Orr advised that their report found that just by
installing a signal, the level of service would be brought up to
"A", but putting in a left turn lane also would be much better.
The Chairman asked if anyone present wished to be heard.
47
INAY 19 1987
BOOK
MAY 19 1987
BOOK 6816r:
65
Dean Luethje of Carter Associates came before the Board
representing the applicant, Mary Jane Mills. He reviewed an
aerial of the site noting that the Vero Christian Church is
immediately to the north and the 20th Avenue Church of Christ is
across the street. The Mills' driveway is just short of 400'
from 8th Street. They plan to have a circular driveway and are
required to put up an opaque 5' fence. The building is located
approximately 150' from the back property line, and the zoning is
RS -6 under LD -2 Land Use. The Mills do not plan to ask for any
change in zoning; they are not planning a convenience store as
some have feared, but are just asking for a special exception for
a child care center. Mr. Luethje believed they have met all the
requirements for a special exception - they are near a major
thoroughfare and an arterial collector; they have special loading
and unloading provisions and have a by-pass lane for cars to go
around each other. The State of Florida has looked at this and
is pending permitting based on the Board's approval. Mr. Luethje
stressed that they are not changing the character of the
building, which will remain looking like a residential house; the
worst they will do is put up a small sign. It seems traffic is
the biggest issue, but he believed if about 24 more homes were
added in this neighborhood, it would have an equal impact on
traffic. Mr. Luethje then introduced Mary Jane Mills and
reviewed her considerable qualifications to run such a center.
Mrs. Mills noted that while a child care center is a
business, it is not big business. She would like to take care of
approximately 50 children. The property is a lovely two acre
site with nice trees, and it is important to be able to leave
your children in a place where you feel secure they are in a nice
environment. Mrs. Mills confirmed that the center will remain
looking like a home. She believed there is a need for this
service in the county, and while she was concerned about the
traffic, she pointed out that she was just asking approval of the
special exception on the condition that the traffic problem can
be dealt with.
Davis Pearson, 715 -18th Court, advised that he lives
directly behind the subject property. He works odd hour shifts
for the City of Vero Beach, buying and selling power, and needs
to be able to sleep during the daylight hours. He did not see
the need for this center at this location when the church on the
southwest corner has facilities for 60 children and there are
only about 30 using it. Mr. Pearson felt the main concern of all
is safety. The house on the northwest corner of 20th Ave. and
8th St. limits visibility severely; so, regardless of traffic
lights, you have a potential hazard. The intersection is nota
true 90o angle, and there are constantly bad accidents on
Glendale. Mr. Pearson felt this is not an area where you want
your children, and further pointed out that the majoriiy of the
people in the area just do not want this facility.
Commissioner Eggert asked if there is any consideration in
the site plan for right turn only into the facility, and Director
Keating stated there was not; the major concern was the
intersection.
Walter Mills, 1845 6th St., advised that he owns the lot
directly to the east of the applicant, and he, too, noted there
is a facility for child care at that same intersection that is
about 20% full. Mr. Mills noted that he has worked for about 20
years in traffic and expressed concern about the future impact on
this intersection, which is a very bad intersection with canals
on the south side of Glendale. He stated that he has frequently
called ambulances for cars going off into the canals and felt the
County Commission would be doing the upcoming youth a disservice
by allowing them to travel across this intersection. Mr. Mills
believed it will cost approximately $250,000 for a lighting
system there, not to mention the problem with the offset. He
further pointed out that the Board has received petiti
ons signed
by over 500 taxpayers who are opposed to this, and instead of
MAY 19 1987
49
BOO
F';L E
NAY 19 1987
BOOK 68 F't. E Jb7
considering just the right to go into business, he felt the Board
should have deep concern for the people who are going to be
affected as a direct result of this day care center. Mr. Mills
emphasized that he is dead set against it, not just because of
traffic, but because of the depreciation of property values in
the area which would result.
Commissioner Eggert noted that Mr. Mills had mentioned the
cost of improving the intersection. She assumed the neighborhood
would like the intersection corrected regardless of the day care
center and asked if Mr. Mills would disapprove of the money being
expended for that purpose.
Mr. Mills stated that he would not disapprove of it, but he
believed correcting the intersection will require more than just.
lights and a left turn lane.
Commissioner Bird noted there are a tremendous number of
units in this area, and he believed there are many who can drop
their children off without going through that intersection.
Mr. Mills stated that there are mainly retired people in the
area and stressed that traffic backs up at that intersection for
21-3 blocksat the peak hours of 8:00 in the morning and 5:00 in
the evening.
Discussion continued re the various problems to be dealt
with at the intersection, and Commissioner Wheeler did not feel
we have any choice; that intersection is going to have to be
improved; it is just a matter of when we get to it.
Mr. Mills continued to emphasize his investment in the area.
Deborah Zorc Seely noted that the subject property formerly
belonged to her parents, and it is a beautiful home and an asset
to the area. She noted that the problems at the corner' have
existed for many years. Her mother was struck there 15 years
ago, and she doubted any statement that it will be corrected in a
year's time. Mrs. Seeley was not opposed to day care centers in
residential areas, but did not feel this center is needed in
their area and pointed out that the Board has a petition signed
50
by 500 in the area who feel the same way. She also expressed
concern as to the negative effect such a facility would have on
her ability to sell her property.
Andrew St. Pierre, 716 20th Ave., who lives next door to the
subject property, noted that the Board has said they don't want
to push a day care center into a commercial area, but they are
willing to push it into a residential area. He believed he will
not be able to sell his home because of it, and felt this will
domino right down the street. There will be more trafic and
more problems, and the people don't want it.
Joe Donnelly,976 25th Ave., noted that he has lived for 2.5
years just west of the dreaded intersection, and he passes
through it daily with his children. He agreed it is a dangerous
intersection and needs to be dealt with, but did not believe the
impact of the day care center wilt change the problem Existing
right now. He noted that another residential area is being
developed by Mr. Netto on 8th St. north of 20th Ave., which he
believed will have a much greater impact than the proposed day
care center. Mr. Donnelly did not doubt the ability of the
church to provide a day care center, but believed what Mrs. Mills
'will provide wilt have more advantages.
Randy Gully, 1830 Floral Lane, stated that he has two
children in a day care center now, and the center he takes them
to has a traffic problem and it is right on SR60. The real
problem he sees right now is the intersection, certainly not the
qualifications of the people who want to start the day care
center. Mr. Gully felt there is a basic tack nationwide of good
stable child care centers; he knew the Mills will provide a good
and hoped the county will approve their request.
Glenn Strunk, 3895 Indian River Dr., informed the Board that
he is involved in the day care center. In regard to 20th Avenue
and 8th Street being a bad intersection, he could not
believe the
residents have lived there all these years and witnessed a blood
bath and not come forth about it until a time when they feel a
51
MAY 19 1987
BOOK 68 �r b 8
PAGE 9
ni--3tY 19 1937
BOOK 6 0,3E3
day care center may affect their property values. Mr. Strunk
stated that he has invested a considerable amount of money with
Mrs. Mills in this piece of property and he got into it feeling
comfortable that this use could be accommodated without any
problems. Mr. Strunk believed the intersection is the main
problem, and felt that once people realize their property values
will not be affected by a day care center, they won't be worried
about the intersection.
Kevin Hawkins, 185 -23rd Ave., a real estate broker, felt
aside from anything else, this is plain and simple a real estate
deal. The applicants spent their money to buy this property to
run a business, and now they are at a point where they can't turn
back. Mr. Hawkinsspoke of the zoning and the domino theory,
noting that people, such as Mr. St. Pierre, have lived next to
this property as a residential property for years, and he
believed most of the existing day care centers are located on the
main arteries, not where people live. Mr. Hawkins emphasized
that there are no businesses being run on 20th Avenue from Oslo
Road down to SR60, and he felt this would be a bad precedent.
Wally Riggins, 655 18th Ave., stated that regardless of what
the Board plans to do to that intersection, he did not understand
why they would consider compounding the problem with this
operation. Secondly, he stressed that the people there do not
feel this is needed and they do not seem to want it.
Robert Hall, 2520 6th St., commented that the P&Z Commission
recommended against this, and he hoped this Board keeps in mind
that they are representing the people in the county, 500 of whom
have signed a petition opposing this special exception. The
Board is considering taking a residential area and putting a
business in it, and this has a tendency to snowball. Mr. Hall
stressed the hazard of the intersection and felt the Board is
taking a liability unto itself if they grant the approval based
on the intersection being upgraded.
52
9
Wilda Pettis, 1446 5th Street, speaking as a mother and a
grandmother, opposed the day care center based on the noise and
disturbance it would create both for mothers with young children
and for older retired people.
William Koolage, 815, 26th Ave., stated that as a
grandfather, he certainly sees a need for child care centers and
he would have no objection to a child care center being located
there at all provided the Board can correct problems at the
intersection.
Helen Booth, 1445 5th St., informed the Board than she built
a house here 21 years ago for about $80-100,000. She stated that
the issue is not the corner - that is the Board's problem. The
entire area - from 14th Avenue to 20th Avenue and 4th Street to
8th Street - is a residential area, and the taxpayers living
there are the issue. Mrs. Booth stated that they are oing to
form an association; they are going to have an impact on
political issues; and they want an affirmative agreement from the
Board that nothing will be put in their area. They feel the
Board should work for them and not for one or two people who want
to put a business in the area.
Shirley Anderson, 755 18th Ct., directly behind the proposed
facility, asked that the Board oppose this issue because it will
affect property values.
Roger Smith, 1034 Palmar De Ays Dr., noted that he was born
in Vero Beach, has Lived in the county alt his life, and his
parents have been here since the 1920s. He believed the comments
and attitude of the woman who spoke before Mrs. Anderson is
typical of those who retire, move to Florida, and want to stop
progress and keep everything as it is. Possibly it would be even
more appropriate if Mr. Strunk put a funeral home there. Mr.
Smith believed the location is right, the need is there, and he
hoped the Board will approve the special exception request for a
day care center.
53
LMAY 19 1987
Baas 68 PCE` 7t
.MAY101987
BOOK 'F���Fa� 1 � ��
j 1
Francis Pettis, 1446 5th St., a school teacher for 20 years,
wished to emphasize that no matter what you call it, the day care
center is a commercial enterprise. He stated that he does not
want to live next to a day care center; he has made an investment
in the area and does not want to see it go down hilt. If the
Board votes for this, he felt they are doing nothing except
adding to the traffic problem, and with 500 signatures opposing
this, he asked how the Board could even consider approving it.
Engineer Dean Leuthje summarized very briefly that his
clients feel there is a need in the area. As to the child care
facility run by the church, he believed their minimum age
requirement is two years, and he also believed that the church
would like the parents to be members of that church. (This was
refuted by members of the audience.) Mr. Luethje continued that
Mrs. Milts will keep children from the age of 6 weeks. He noted
they are all aware this is a bad intersection, and they are
willing to wait until that intersection is approved before they
would open the use. He further pointed out that 20th Avenue is
not the heart of a residential neighborhood; it is a corridor and
classified as a secondary collector. They do believe this is a
good location for the center and that is why they are requesting
the special exception.
The Chairman determined no one further wished to be heard
and thereupon declared the public hearing closed.
Chairman Scurlock still has a problem with this. He did not
think a day care needs to be in commercial, but he had a question
about having them in a residential area when they are not being
accepted by the community. He realized we have to have some
place for these facilities, and while he believed the Mills have
tried to find a proper place, he just felt there must be a better
way to approach these special exceptions. You have 500 people
who don't want it, but then where do you put it? If one were
proposed in his neighborhood, he believed he would be standing
here the same as these people vehemently opposing it.
54
Commissioner Wheeler noted that he lives in this neighbor-
hood on the other side of 27th Avenue, and they are building a
school on the other side of him that will have a tremendous
impact on the neighborhood, but children must be taken care of
and we need schools. As far as safety is concerned, the further
you have to drive a child, the more they are exposed to traffic
problems. There are two churches there now, and the lot seems to
be suited just about as welt as any could be to mitigate any
impacts on the neighborhood, being 1.75 acres and havi g huge
setbacks; also, it is on the edge of a neighborhood, n t the
heart of it. Commissioner Wheeler did feel there is a need and.
stated he personally would not oppose a day care center if it
were next to him. He felt it is not a commercial enterprise, but
just baby sitting services that have been elevated to day care
centers simply because of state laws, and he would rather have
this next to him than someone with two or three unruly kids who
are not supervised at all. Commissioner Wheeler noted that he
would be happy to sit here and do what would be politically
prudent, but he did feel this is an acceptable Location.
Commissioner Eggert agreed it is a beautiful larg lot with
.a nice house on it, but she did wish it were further from the
intersection; also, the possibility that you couldn't turn left
out of it bothered her. There are two sides to this she is
struggling with right now.
Chairman Scurlock stressed that it is a change of use; it
was an existing single family residence.
Commissioner Bird noted that if we are not going to force
these centers to go into commercial, then they apparently will
have to go out into undeveloped residential property where they
can build before anyone else is there. However, he felt forcing
them out into a rural area defeats the purpose. He agreed with
Commissioner Wheeler that it would be politically popular to sit
here and be opposed to this, but he believed no matter where you
want to put these, the residents will complain about a negative
55
LMAY 19 1987
BOOK 68
61"9,
MAY 19 1987
BOOK 68 FAGF373
impact. We have to look at each situation carefully, and he has
to believe this particular property, because of its size and the
fact that it is across from a church and on the edge of a
neighborhood, can be buffered so it will not have the negative
impact everyone thinks it will. He did not believe such centers
have negatively affected property values in other areas, and he
certainly could not believe that it would have a negative impact
on those who live in Laurelwood or several blocks away.
MOTION WAS MADE by Commissioner Wheeler, SECONDED by
Commissioner Bird, to approve the special exception use
requested by Mary Jane Mills with the condition that prior
to the issuance of a C.O., improvements be made to the
intersection that raise the level of service of the
intersection to an acceptable standard, i.e., turning
lanes, traffic signal, etc.
Commissioner Bowman felt we should also prohibit left turns
out of the subject site, but it was noted that site plan
committee has reviewed this and determined it was not necessary.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried 4 to 1 with
Chairman Scurlock voting in opposition.
DISCUSS POSSIBILITY OF PURCHASING 100 ACRES IN WINTER BEACH
The Board reviewed memo of Commissioner Bowman:
56
TO: Board of County DATE: May 18, 1987 FILE:
Commissioners
SUBJECT: Acquisition of Florida
Scrub
FROM: Countye'(,', mmissioner REFERENCES:
The. Florida Scrub
The Florida scrub is our most misunderstood habitat. Few
people appreciate the value of an ecological niche that has
persisted on the same hot, dry, infertile sites for over a
million years. (Cypress swamps are only 5000 years, old, yet
people who cherish them will drive right past a scrub and never
notice it.) Once you understood the scrub, you treasure it.
Scrubs are found on high old dune formations with "sugar"
sand soils, technically known as St. Lucie Fine Sand, and in our
area occurring on coastal dune systems and along US#1 where the
sea formed a beach a million years ago during Pleistocene times.
These sites were the refuges for land species when the lower
parts of Florida were covered by the sea. Some of these isolated
species evolved to be specially adapted to the harsh scrub
environment, and are now found nowhere else.
For this reason, 30 plants and 12 animals are endemic
(confined) to the scrub. These plants and animals have had to
adapt to heat, drought and fire, to withstand the glare from the
white sand and the lack of organic matter in the soil because of
the high percolation rate of the sand. Many of the plants have
waxy leaves to resist drying. Some have a lattice of sines that
creates a shady mini -environment. Some of them are deep-rooted,
reaching below the loose sand mulch to moisture below.
The dominant plants are the scrub pine tree and the scrub
hickory. Characteristic shrubs are rosemary, sand live oak,
myrtle oak, and Chapman's oak. Gopher apple, silk bay, prickly
pear, saw palmetto, scrub palmetto, scrub holly, wild olive, hog
plum and staggerbush are usually the other components, plus a
ground cover that includes deer moss and Florida; bluestem.
Bromeliads and lichens are common on the oaks, and the understory
often supports orange tangles of the parasitic love vine.
The scrub is home to spotted skunk, cottontail, old -field
mouse, eastern mole, white -eyed towhee, mockingbird, loggerhead
shrike, ground dove, coachwhip, six -lined racerunner, oak toad,
gopher frog, and whip scorpion.
Endemic species that largely depend on sand scrub are the
Florida mouse, Florida scrub jay, Florida scrub lizard, sand
skink, blue -tailed mole skink, short -tailed snake, red widow
spider, scrub wolf spider, and four grasshopper species. The
threatened indigo snake and gopher tortoise also use scrub.
In some scrub areas the lichen ground cover is so delicate
that people walking through should detour around it.
Scrub occurs on high ground that is prime development land
and any parcel that is not intentionally preserved should be
considered endangered.
MAY 19 1987
57
BOOK 'S PAUE374
NAY 1919 7
BOOK 68 F;A,E 375
Case For Expending Public Funds For Ac uisition Of Scrub Habitat
The resource values that we wish to protect are the unique
natural communities, the recreational and research opportunities,
and the benefit of a natural aquifer recharge system. The
shallow aquifer that is the prime source of potable water in
Indian River County is in effect the pure water that was locked
underground along the sand ridge when the sea receded. It is
recharged by the natural percolation of the rain that falls on
the sand ridge.
If these sand pine communities are extensively mined, paved
over or otherwise abused, the value of the aquifer system is
lost, and the biological diversity of 30 plant and 12 animal
species will be lost. Already Indian River County has lost most
of the sand ridge that extended historically fromthe
north -county to the south -county lines. In Vero Beach the vacant
lots and backyards along 14th Avenue show vestiges of sand ridge
indicator species of trees and shrubs. Most of our scrub has
been totally destroyed by mining or annexed by Sebastian for
commercial use. There are only six areas in Indian River County
where enough scrub remains to be considered for conservation. Of
these six, one is on the fringe of the Vero Beach airport and two
others are under county jurisdiction in the north county. The
most viable and largest sand scrub tract consists of about 145
acres adjoining the south side of North Winter Beach Road in the
vicinity of the railroad and extending west and south.
Most biologists agree that to maintain the genetic viability
of the scrub community a single tract should be a minimum of 100
acres. For example, one tribe of Florida Scrub Jays requires
about 40 acres.
The social benefits of public ownership include the
preservation of a fresh water resource; the conservation of a
fast -disappearing ancient ecotone for future generations to
enjoy; the nature -oriented recreational value of trails for
hiking and jogging, nature photography, and nature study; and the
educational value of the area as a living outdoor laboratory for
school children and adults.
Many Floridians travel all the way to California to be
"wowed" by the giant sequoias, the largest of which is less than
4000 years old, but few Floridians realize that their own scrub
pines have existed for over a million years. Would you like to
see your favorite family antique thrown on the trash heap?
Chairman Scurlock noted that at a previous meeting there was
some discussion in regard to acquiring this acreage. He had an
opportunity to meet with the property owner, Mr. Mooney, who has
indicated there may be some interest in having the county
negotiate for the purchase of that land; so, he suggested this be
placed on an agenda to determine whether the Commission has any
interest. The Chairman stated that there has been no discussion
re numbers to bring to the Board. He personally felt the plan
they have had to come up with to develop at RS -3 is not very
pleasing.
58
Commissioner Wheeler expressed his interest in exploring
this possibility as he believed this property, which is becoming
extinct, may be potentially even more valuable to the county than
the wetlands.
Chairman Scurlock further noted that it is buildable, and
Commissioner Wheeler stated that he would like to pursue this in
the Light of having a county park or possibly for disposal of
effluent.
Chairman Scurlock believed some message has gotten out that
the county has used impact fees to acquire land, and that is
absolutely incorrect. He confirmed that the Utility staff has
indicated a very significant desire to reserve land for effluent
disposal, particularly in the south county where there are no
golf courses, but impact fees have not been used for this
purpose.
Commissioner Wheeler noted that the Mooney property is
adjacent to Hobart Park and asked if it would be possible to swap
some of the rights and uses of these properties.
Chairman Scurlock advised that we were told that in order to
allow the cemetery to use the 17 acres of park property, we would
have to replace them with a like 17 acres. He did not' know if
effluent disposal is a possibility on this property or not as he
has not talked with Utility Director Pinto about it. As to
generating funds for such a purchase, he believed one potential
source may be the franchise fees that we acquired from the City
of Vero Beach, which are generating about $700,000 this year, and
we also could do the same as we did with the Beach Bonds.
Commissioner Eggert asked if you don't change scrub land
when you put effluent on it, and the Chairman stated that he did
not know. He noted that we do have a requirement in regard to
providing 10 day storage of effluent, and possibly this property
could be used for that purpose where there would not be any
effluent going into it except in some very specific short
duration periods of heavy rainfall.
MAY 19 1987
59
BOOK 68 F Jr 3 /6
MAY 19 1987
BOOK 68 PAGE 377
Commissioner Bird noted he is not anti -environmentalists,
but he has to ask whether it is prudent for us to consider using
taxpayers' money to buy pine scrub land. He believed there are
individuals or organizations which could buy this and put it in
the public trust, or if we want to put it on a referendum and ask
the taxpayers, that's another thing. As far as putting effluent
on it is concerned, he felt it is very likely that would change
its characteristics. Some people who are realty into nature,
might feel such habitat is a nice place to visit, but he
personally finds white sand scrub unattractive and not where he
would want to take his family on an outing. He further noted
that this is not exactly downgraded property that we are going to
pick up at a bargain.
Commissioner Eggert asked if Commissioner Bird had a
problem with the Board investigating possible uses for this
property, and he stated that he did not, but he just did not see
that we are affluent enough that we can take taxpayer's money and
buy this just to preserve it.
Discussion continued as to whether effluent disposal would
change the characteristics, and Commissioner Eggert stated that
while she does feel you could have a desirable development here
at 3 upa, she did feel it is worth investigating to see what we
could do with it.
Commissioner Bowman felt we could have jogging and nature
trails and noted that it is a wonderful area for research and
nature study.
Chairman Scurlock concurred this should be investigated, and
felt there may be some possibility of grants.
MOTION WAS MADE by Commissioner Eggert to direct
staff to make a study of all possibilities for
possible acquisition and use of this property and
bring it back to the Board.
60
Commissioner Bowman believed the Game and Fresh Water Fish
Commission have been studying this for a year or more.
Attorney Herzog wished to point out that Mr. Mooney and his
family have invested a considerable amount of money in this
property, and they do have time constraints.
Commissioner Eggert asked if 30 days would be acceptable,
and Mr. Herzog believed they can live with 30 days, but then will
have to start their counter plans.
Administrator Balczun noted that the Planning staff has
indicated they can do it in 30 days, but they are very.
understaffed; so, probably 45 days or less would be more
realistic.
Commissioner Eggert agreed to amend her Motion to require
that this be brought back to the Board within 45 days.
Chairman Scurlock did not feel it is that complicated, and
Commissioner Bowman believed this habitat has been studied to
death and that we should contact the experts who have studied it.
Mr. Mooney noted that there
has been a lot of examination of
'the property, with surveys, elevations, etc. He has invested
about five months of his time and about $47,000 in moving toward
a plan, which was thrown out the window when he lost the zoning.
If there is any interest in a purchase, this is the moment, and
he was not sure why it would take 45 days.
Commissioner Eggert believed that Director Keating under-
stands the need to expedite, and if he finds the materials
available to him, she was sure we will see it back sooner.
The Motion was SECONDED by Commissioner Wheeler;,
THE CHAIRMAN CALLED FOR THE QUESTION on the Motion
as amended. It was voted on and carried unanimously.
61
MAY 19 1987
BOOK68
F'�CE - ,
r -MAY 19 1987
BOOK it t a 6-47i1
DEVELOPMENT AND IMPLEMENTATION OF SOLID WASTE BILLING SYSTEM
The Board reviewed memo of Utility Director Pinto:
TO: BOARD OF COUNTY COMMISSIONERS DATE: APRIL 22, 1987
VIA: CHARLES P. BALCZUN
COUNTY ADMINISTRATORo
THRU: TERRANCE G. PINTO 1,16,-0-1
DIRECTOR OF UTILITY SERVICES
FROM: H. T. "SONNY" DEAN \►�i
III�MAN/�n,.e-�
MANAGER OF SOLID WASTE AGEMENT
DIVISION OF UTILITY SERVICES
SUBJECT: DEVELOPMENT AND IMPLEMENTATION
OF SOLID WASTE BILLING SYSTEM
BACKGROUND
In conjunction with the Indian River County Solid Waste Master Plan, a
rate study was made. The recommendation for financing the solid waste
activities was to be accomplished with a user charge carried on the
property tax bill.
ANALYSIS
The Indian River County Division of Utilities Services requested our
consultants, Camp Dresser and mcKee, Inc., to submit a proposal to
perform the subject service. Attached information is the result of
that request. The scope of work is clearly defined along with
anticipated tasks. As you can see from the submitted information,
there is an enormous amount of work to be performed.
RECOMMENDATION
The Division of Utility Services recommends approval and requests the
Board of County Commissioners to authorize CDM to perform this work
under our existing agreement at a price not to exceed $159,000.00 as
per attached submittal.
Chairman Scurlock noted that this was previously tabled, and
Commissioner Eggert commented that she had questions about why
the upper echelon was so heavy in hours when a lot of this is
"scut" work, and she felt we may need a workshop.
MOTION MADE by Commissioner Eggert to table the
above matter to the meeting of June 2nd was voted
on and carried unanimously.
(LATER CHANGED TO A DIFFERENT MEETING DATE.)
DISPOSITION OF COUNTY -OWNED LOTS ON FLAMINGO AND EAGLE DRIVES
County Attorney Vitunac reviewed the following memo:
62
TO:
FROM:
DATE: April 29, 1987
Board of County Commissioners
Charles P. Vitunac, County Attorney
RE: AGENDA - BCC MEETING 5/19/87
COUNTY ATTORNEY'S MATTERS
DISPOSITION OF COUNTY -OWNED LOTS ON
FLAMINGO AND EAGLE DRIVES
Indian River County and the City of Vero Beach acquired
title to many lots in the beach area by tax foreclosures
following The Great Depression. Many of these lots were
dedicated on October 3, 1944, to various public uses
including uses for parks, roads, and utilities.For the
last several years, the staffs of the County and the City
have been working to straighten out the title to these
properties so that the ones which are no longer needed as
roads or utilities may be disposed of by the County or City
to raise money and to remove a source of liability and
maintenance responsibility.
Tommy Thomas and I have been in charge of negotiations for
the County with the City, and on Tommy's last day of
employment with the County the joint staffs unanimously
recommended the following disposition of all the properties:
(1) The City will quitclaim all its interests in five
County -owned lots on the beach which are unencumbered
with utilities or road rights of way, and the County
will be free then to dispose of these five Tots as it
sees fit with the only exception being that the City
will retain a five-foot easement for utility service
on the lots the same as is common for all lots on the
beach area.
(2) All other County -owned lots on the beach have
been put to public use as either parks, utilities, or
roads and will be quitclaimed by the County to the
City under an agreement by which the City will attempt
to dispose of the usable portion of these lots to
adjoining property owners or others at negotiated
sales prices. The County will receive 90% of any such
sale money with the City retaining 10% for the cost of
disposing of the lots.
If the County approves of this recommendation, the City of
Vero Beach will prepare a quitclaim to the County of all its'
interest in the following five referenced lots:
Lot 11, Block 7 of VERO BEACH ESTATES
Lot 28, Block 7 of VERO BEACH ESTATES
Lot 11, Block 8 of VERO BEACH ESTATES
Lot 11, Block 9 of VERO BEACH ESTATES
Lot 13, Block 18 of VERO BEACH ESTATES
The County would then quitclaim to the City all its interest
in the approximately 19 other lots comprising Flamingo and
Eagle Drives.
Attached is a map showing the lots in question which the
County will own.
63
NAY 19 1987
BOOK i8 OF,F.3SUj
9 1987
BOOK 68 FADE 381
Attorney Vitunac felt the memo is fairly clear and believed
this could amount to possibly $100,000.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bird, the Board unanimously approved
disposition of the above described County -owned
properties as recommended by staff in the above
memo dated April 29, 1987.
DISCUSSION RE F.I.T. & TRACKING STATION PARK PROPERTY AND
ADJACENT PROPERTY
Commissioner Eggert inquired about the possibility of
selling the lot next to the F.I.T./Tracking Station property.
Administrator Balczun advised that he had lunch with Joseph
Dorsky, City Manager of the Town of Indian River Shores, and
should be hearing back from him in about a week or ten days with
respect to that property.
Commissioner Eggert commented that in her conversations with
various Indian River Shores officials, she got the impression
they were not necessarily interested in buying the property.
They were interested in getting it annexed in, and they were also
interested in getting the F.I.T. part annexed in with the County
retaining ownership to see if they couldn't help out with the
policing situation.
Chairman Scurlock personally hoped that we pursue placing
that piece of property on the market as he felt it is a real
opportunity for us to obtain some funding for development of some
of our existing properties.
Commissioner Bird expressed his hope that these funds could
be used not only for development but for acquisition, as we need
to raise the money to acquire the Oslo/20th Ave. property while
it is available.
64
Commissioner Eggert concurred that she would like to see us
move forward on whether we want to sell this property which is
located next to Pebble Beach Villas.
Administrator Balczun reported the Public Works Director
Davis advised at staff meeting that he is proceeding with an
appraisal on that north Tracking Station parcel, which is north
of the existing park, and this was confirmed by Director Davis.
Chairman Scurlock was glad to hear it, noting that when we
get that back, we can then declare it surplus and be ready to
advertise for proposals.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bird, the Board unanimously authorized
staff to pursue the annexation issue as well as
the possible sale of the county -owned property
north of the Tracking Station Park adjacent to
Pebble Beach Villas.
REPORT ON REQUEST FOR SPECIAL MEETING WITH CITY OF VERO BEACH TO
DISCUSS WETLANDS ALONG INDIAN RIVER BLVD. NORTH
Public Works Director Davis reported that, as directed by
the Board earlier in the meeting, he had been in touch with City
Manager John Little in regard to setting up a Joint Ci1ty/County
meeting re the Boulevard North project. Mr. Little met with the
Mayor and the City Attorney this morning, and their feeling is
that they don't have a provision for transfer of development
rights in their zoning code, which they feel may be an obstacle
in any kind of development plan in that area. They do not
particularly want a transfer of development rights ordinance in
the City, and they would not like to pre-empt the Planning Board
in setting up a joint meeting to discuss development in that
area.
Chairman Scurlock believed, if you read between the lines,
they are saying they don't want it developed. Since more than
65
MAY 19 1987
BOOK c
MAY 1987
BOOK 68 F?H 38 3
half of the property we were discussing earlier is in the City,
he did not believe that will leave us enough ability to negotiate
with this group to mitigate; so, apparently we need to face
facts, go ahead and acquire R/W and mitigate on site.
Commissioner Eggert wished to know if the City Council is
telling us the same thing as Mr. Little and the Mayor.
Chairman Scurlock advised that he has talked with Councilman
Michael Wodtke and Mayor John Acor, both of whom have indicated
they would prefer the area to be left alone. The other problem
they have is that they are on record as taking a position of
replacing the Barber Bridge to the north of the existing bridge,
which comes right through some of the Caldwell and other
property. He believed that group is looking at filling in 22
acres and ending up with about 400 buildable lots.
Director Davis was not quite sure that he understood why the
transfer of development rights is an issue. He believed it is
possible for them to get the number of units in the density they
have without transferring and felt it would be premature to say
that would be an obstacle before we see their development plan.
Discussion ensued regarding the need to pursue this with the
City, and Chairman Scurlock noted the problem would be that we
could get bogged down going through Planning staff with the City,
and he did not believe we want to make all of our plans contin-
gent on that when we are ready to build the Boulevard. We need
to go through the permitting process with Boyle, and he felt we
need to say we are going to build the Boulevard, there is the
R/W, and that is where it is going to be.
Commissioner Eggert asked if it is possible to request the
City Council to verify their position on this situation', and
Chairman Scurlock confirmed that he will write the Mayor and ask
him to place this before the City Council and give us a response.
COMMISSIONER EGGERT WITHDREW HER EARLIER MOTION RE
SETTING A SPECIAL JOINT CITY/COUNTY MEETING FOR JUNE 3RD.
66
MOTION WAS MADE by Commissioner Eggert, SECONDED by
Commissioner Wheeler, to direct staff to proceed with
the design for the Boulevard that the Public Works
Director has been working with and acquire R/W
accordingly.
Director Davis emphasized that staff has been trying to
maintain an arm's length transaction between the owners of the
R/W and the county, and to do that we are not only looking at
mitigating along the project, but also off the project limits.
and he felt that puts the County in a better position.
Chairman Scurlock felt if they have another proposal to
present which can revolve around our existing R/W and existing
mitigation, that is fine. He believed the Motion says here is
the alignment; our engineers are going to be developing
mitigation; and hopefully we can work together on this.
Director Davis suggested that staff come up with three
options for mitigation (one for on-site mitigation and two other
.alternatives re off-site mitigation). He felt if the Board can
approve three options, it would facilitate working with the
owners in question to set up more of an arm's length transaction.
Chairman Scurlock believed that Director Davis has the
direction of the Board. He realized this is a very sensitive
situation, and Director Davis is in a tough position.
Commissioner Eggert just felt Director Davis should stay in
absolute control of it, and Chairman Scurlock reiterated that he
will write the City asking for an official confirmation of their
position.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
67
BOOK 68 E j84
SAY 1 9 1987
MAY 19 1987
BOOK 68 PAGE S5
DEVELOPMENT AND IMPLEMENTATION OF SOLID WASTE BILLING SYSTEM
(Continued from earlier in meeting).
Utility Director Pinto entered the meeting and was informed
that Commissioner Eggert had some problem with the solid waste
billing issue; the Board agreed to table this matter until June
2nd and wished to know if he had any problem with that.
Director Pinto felt we are going to have to move on this as
quickly as possible, and advised he has set it up for the
consultants to come in and talk to Commissioner Eggert on
Thursday at 3 o'clock.
Commissioner Eggert pointed out that she will be absent from
the next meeting and could not comment, and Director Pinto noted
that he did not want to have Commissioner Eggert absent when this
was addressed and that is why he wanted the consultants to talk
with her. He continued to stress that he would like to have
this resolved; the study and implementation of the study is the
problem.
Chairman Scurlock asked County Attorney Vitunac if Commis-
sioner Eggert could meet with the consultants and then write her
comments for the Board to consider and vote on at a meeting when
she is not here.
Attorney Vitunac confirmed that would be fine, but Commis-
sioner Eggert just would not be able to vote.
Commissioner Eggert felt that was all right. She really did
not feel it was necessary for the consultants to make the trip
over; she just would like them to call her so she can discuss
this with them as she mainly needs more justification of how the
hours are laid out.
Utility Director Pinto asked if he could meet with'Commis-
sioner Eggert and the consultants Thursday to review this and
answer her questions, and she agreed and also agreed that she
would put her comments in writing for the Board to consider while
she was away.
68
ON MOTION by Commissioner Eggert, SECONDED by Commis-
sioner Bowman, the Board unanimously agreed to table
the discussion on development and implementation of
the solid waste billing system to Tuesday, May 26th,
instead of Tuesday, June 2nd, as stated in an earlier
Motion.
SEWAGE PUMPING STATION/FORCE MAIN FOR WEST COUNTY SCHOOL
Utilities Director Pinto reviewed the staff recomMendation:
TO:
VIA:
COUNTY ADMINISTRATOR
THRU: TERRANCE G. PINTO
DIRECTOR OF UTILITY CBS
BOARD OF COUNTY COMMISSIONERS
CHARLES P. BALCZUN
FROM: ALBERT J. VALDIVIA
PRIVATE DEVELOPMENTS PRO
DIVISION OF UTILITY SE ICES
DATE:
S ENGINEER
MAY 18, 1987
SUBJECT: SEWAGE PUMPING STATION/FORCE MAIN FOR WEST COUNTY SCHOOL
VICINITY OF 8TH STREET AND KINGS HIGHWAY
INDIAN RIVER COUNTY PROJECT US 87 -06 -CCS
BACKGROUND
Attached for your review and approval is a bid proposal submitted by
Collee Mechanical, Inc. for off-site wastewater system improvements
for the new West County School. In order to maximize the possibility
of successfully constructing the' subject project in the extremely
tight time frame available, the County considers this specific project
an emergency project and will forego the normal bidding procedures
which would normally add another three to four weeks, at best, to the
project's anticipated completion time of July 31, 1987. The bid
prices are based on previous bid projects with unit price as much as
three years old.
ANALYSIS
Preliminary estimates for construction by Masteller & Moler
Associates, Inc. amount to $233,100.00. The total amount proposed
for this project by Collee Mechanical, Inc., on the attached bid
proposal is substantially less than the construction estimate for this
project by over $40,000.00. Funding for the project will include a
$125,000.00 contribution -in -aid -of -construction by the Indian River
County School Board. In order to meet the extremely tight time
constraints for construction and operation of this project, this
Department requested a bid proposal from Collee Mechanical, Inc.
69 BOOK 68 PAH 386
MAY 19 1987
MAY 1S EV
BOOK
60
o FF.a 35
RECOMMENDATION
The Division of Utility Services recommends that the Board of County
Commissioners approve the subject proposal document in the amount of
$191,724.00 (One Hundred Ninety-one Thousand Seven Hundred Twenty-four
Dollars and No Cents) by Collee Mechanical, Inc. and thereby authorize
the attached contract documents to construct subject utility project.
This recommendation is based on the contents of the attached bid.
Collee Mechanical, Inc. is to furnish the County with a 100%
Performance Bond along with submittal of a letter of commitment to the
County that the project will be completed and ready for operation by
July 31, 1987.
Director Pinto informed the Board that we are trying to
cooperate with the school as much as we can in providing
utilities. At one time they had their own engineering plan to
take the wastewater into the City and not service anything else
in the area. We didn't think that was best, and it certainly
didn't comply with our master plan. When we told them where they
would have to connect to get to the city, it was a little fess
than a $300,000 estimate, so, we sat down and negotiated and said
let us do the design and decide where it is going to go and we
believe the cost for the off-site improvements will be about
$125,000. This has been done upon approval of the Board, the
problems with the drainage district resolved, the school is well
under way and would like to occupy the end of July. Director
Pinto believed the only way to get this done is negotiate the
construction cost; they are using numbers where the contractor
did a very similar job for us about three years ago, and he
believed we are doing better than if we went out for competitive
bidding.
Commissioner Wheeler had a question as to why the school on
8th Street would go all the way back to the city for service, and
Chairman Scurlock advised that the City was going to provide
capacity in their plant to service the school, but now it is
going to our plant because they said they would just service the
school, not the entire area.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Bird, the Board unanimously approved the
proposal of Collee Mechanical, Inc., in the amount
70
of $191,724.00, per staff recommendation as set out
above and per the following Notice of Award.
1.11.4 Notice of Award
NOTICE OF AWARD
TO: Collee Mechanical, Inc.
P. O. Box 650188
Vero Beach, FL 32961-0188
PROJECT DESCRIPTION:
INDIAN RIVER COUNTY UTILITIES
PROJECT NO. US -87 -06 -CCS
SEWER PUMP STATION/FORCE MAIN
8TH STREET, KINGS HIGHWAY
INDIAN RIVER COUNTY, FLORIDA
The OWNER has considered the BID submitted by you for the above
described WORK in response to its Advertisement of Bid dated May 14,
1987, and Information for Bidders.
You are hereby notified that your BID has been accepted for
items in the amount of $191,724.00.
You are required by the Information for Bidders to execute the
Agreement and furnish the required CONTRACTOR'S PERFORMANCE BOND,
PAYMENT BOND, and CERTIFICATES OF INSURANCE within ten (10) calendar
days from the date of this Notice to you.
If you fail to execute said Agreement and to furnish said BONDS
within ten (10) days from the date of this Notice, said OWNER will be
entitled to consider all your rights arising out of the OWNER'S
acceptance of your BID as abandoned and as a forfeiture of your BID
BOND. The OWNER will be entitled to such other rights as may be
granted by law.
You are required to return an acknowledged copy of this NOTICE
OF AWARD to the OWNER.
Dated this 19th_ day of _May , 1987.
(OWNER) INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
By:
Don C. Scur ock, Jr.
Title: Chairman, Board of
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE OF AWARD is hereby acknowledged by
this, the �, i a' of iltCy , 1987.
County Commissioners
By:
Title: President
(COMPANY) L -o f(e Meati i •..Cb/
71
MAY 19 1987
BOOK 68 ri.,E3S8
,,,_________
MAY 19 1987
BOOK 68 Eric J89
TRANSPORTATION PLANNING COMMITTEE REPORT
Commissioner Bowman reviewed the following Summary of
Actions:
TRANSPORTATION PLANNING COMMITTEE
SUMMARY OF ACTIONS
May 13, 1987 MEETING
1. 90th Avenue Truck Traffic
The Committee received a complaint from residents of 90th
Avenue, who requested the restriction of through truck
traffic on the north portion of 90th Avenue and on 8th
Street between 90th Avenue and 82nd Avenue. The Committee
decided that enforcement of the 30 MPH speed limit is most
appropriate due to the mix of land uses in the area and
difficulty with enforcement.
2. 43rd Avenue Traffic Operations Plan
The Committee recommends approval of all improvements and
actions presented in the plan, a copy of which is attached.
She noted the Committee decided to ask the Sheriff for more
stringent enforcement of the law on 90th Avenue and also
recommended all the improvements outlined in the 43rd Street
Study.
ON MOTION by Commissioner Eggert, SECONDED by Com-
missioner Wheeler, the Board unanimously accepted
the above Summary of Actions of the Transportation
Planning Committee re 90th Ave. and the 43rd Ave.
Traffic Operations Plan.
Commissioner Bird discussed the 43rd Avenue Traffic
Operations Plan and stated that while he has some reservations
about some intersections, he agreed that the intersection of 43rd
Avenue and 8th Street is an absolute horror. He wished to know
what we need to do to move more quickly to alleviate the problems
at this intersection. Possibly as an interim step, we could trim
the hedges or have rumble strips, flashing lights or stop signs.
72
Commissioner Bowman believed they are going to go in and
trim the hedges, and pointed out that intersection is part of
this plan. She stated that they could put this on fast track.
ON MOTION by Commissioner Eggert, SECONDED by Commis-
sioner Bowman, the Board unanimously directed that
the 43rd Ave. 8th St. intersection be fast tracked.
Commissioner Wheeler expressed concern about the U.S.I and
8th Street intersection and did not feel the improvements that
have been made are sufficient. He noted there are left turning
lanes for the east -west traffic, but none for the north -south
U.S.1 traffic.
It was noted this is on the DOT's schedule.
RESOLUTION RE VOTING ALTERNATES FOR THE TRANSPORTATION PLANNING
COMMITTEE
Discussion ensued regarding the proposed amendment to
Resolution 81-81 which established the Transportation Planning
Committee to allow voting alternates, and it was noted that we
.have not done this with other committees, i.e., Planning &
Zoning.
Commissioner Wheeler noted that in this case, however, we
are dealing with people who are on elected boards, and reports
should be going back to those boards on a consistent basis. For
instance, the City of Sebastian has an alternate with someone
else on that same City Council. When you have an alternate on an
appointed board, they don't have regular Minutes to update them
as to what is going on.
It was generally agreed this is different than dealing with
non -elected entities.
Commissioner Bowman explained that they are just saying if
the City of Vero Beach designee can't make the meeting, then his
voting alternate would also be from the City Council. She noted
73 BOOK 68 FEJU
MAY 1 9 1987
NAY 191987
BOOK `,4 GE *191
that she proposed this amendment because of the problem that
arose when they did not have a quorum.
Commissioner Wheeler commented that as long as we are
changing the original resolution, he did not see a need for the
Vice Chairman of the County Commission to be named specifically
to serve as chairman of the Transportation Planning Committee; he
did not see why any one of the Commissioners couldn't serve as
chairman of that board the same as they do with other groups.
Commissioner Bowman noted that this is a key committee and
as such it historically has fallen to the Vice Chairman.
In the following discussion, it was noted that this is
mainly tradition and history, and the only Board where we don't
have the ability to change its make-up is the South County Fire
District Advisory Board which was established by referendum.
Commissioner Bird pointed out that we normally would change
the Vice Chairman annually; however, it is possible we might want
a chairman who was doing a particularly good job to stay with
this committee longer, and, therefore, he did not think we should
limit it to the Vice Chairman.
In discussion, this was generally agreed upon, but it was
not felt there should be any alternate for the Chairman.
ON MOTION by Commissioner Wheeler, SECONDED by Commis-
sioner Bird, the Board unanimously agreed to amend the
proposed Resolution to state that "A member" of the Board
of County Commissioners will serve as the Chairman,
instead of naming the Vice Chairman.
ON MOTION by Commissioner Eggert, SECONDED by Commis-
sioner Wheeler, the Board unanimously approved Resolu-
tion 87-46 amending Resolution 81-81 by providing
alternates for the voting representatives of the Trans-
portation Planning Committee and by providing that a
member of the County Commission will serve as chairman.
74
RESOLUTION NO. 87-46
A RESOLUTION AMENDING RESOLUTION NO.
81-81, BY PROVIDING ALTERNATES FOR THE
VOTING REPRESENTATIVES OF THE TRANS-
PORTATION PLANNING COMMITTEE AND BY
PROVIDING THAT A MEMBER OF THE INDIAN
RIVER COUNTY BOARD OF COUNTY COMMIS-
SIONERS WILL SERVE AS CHAIRMAN OF THE
TRANSPORTATION PLANNING COMMITTEE.
WHEREAS, the Board of County Commissioners of
Indian River County adopted Resolution No. 81-81 on October
7, 1981; and
WHEREAS, it has become necessary to amend
Resolution No. 81-81,
NOW, THEREFORE, BE IT RESOLVED by the Board of
County Commissioners of Indian River County, Florida that
Resolution No. 81-81 is hereby amended as follows:
WHEREAS, there is a great need within Indian River
County for the Board of County Commissioners to receive
recommendations from all municipalities of certain
unincorporated areas and certain other governmental entities
regarding short and long range transportation needs of the
County; and
WHEREAS, in order to consider all the
transportation needs for the County, a committee is hereby
established as hereinafter set forth,
NOW, THEREFORE, BE IT RESOLVED by the Board of
County Commissioners of Indian River County, Florida, that
it is hereby established a Transportation Planning Committee
made up of eight (8) voting representatives and their
authorized voting alternates from geographic or political
areas and six (6) nonvoting technical advisory members, all
either to be designated from the named politica' entity or
who fill the job classification set forth:
COD1NG: Wtfrds underlined are additions; words $ f tila/ fffi,45000
are deletions.
75
MAY n 1y87
BOOK 68 P'G' n)
MAY 19 197
BOOK 68 rAGE 393
NONTECHNICAL VOTING:
V1te/ChilitW A member of the Indian River County
Board of County Commissioners will serve as the
Chairman
One member of City of Vero Beach City Council and
one alternate from the City of Vero Beach City
CounciT
One member of City of Sebastian City Council and
one alternate from the City of Sebastian City
Council—r
One member of City of Fellsmere City Council and
one alternate from the City of Fellsmere City
Council
One member of Town of Indian River Shores Town
Council and one alternate from the Town of Indian
River Shores Town Counci I
One member of Indian River County School Board and
one alternate from the Indian River County School
goa rd
One member at large (Gifford area at this time)
and one alternate at large (Gifford area at this
time)
One member of Town of Orchid Town Council and_o_ne
alternate from the Town of Orchid Town Council
TECHNICAL NONVOTING:
One member of Indian River Farms Water Management
District
City/County Traffic Engineer
County Planning Director
City of Vero Beach Planning Director
Indian River County Director of Public Works or
his Representative
City of Vero Beach Director of Public Works or his
Representative
BE IT FURTHER RESOLVED, that the basic goal of the
above-named committee shall be to develop, evaluate and make
recommendations to the Indian River County Board of County
Commissioners for short and long range transportation plans
that will:
A. Assist the Board of County Commissioners in
determining courses of action and formulating attainable
capital improvement programs in anticipation of community
transportation needs.
COOING: Words underlined are additions; words iftda/f1/4600
are deletions.
76
RESOLUTION NO. 87-46
B. Coordinate with the municipalities County
roads within those municipalities and plan for overall
movement of traffic throughout the County.
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. 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 19th day of May, 1987.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
REQUEST TO OPPOSE ADDTL. 54 TOURIST TAX & 2¢ RESTAURANT TAX
The Board reviewed letters from the Lee County Board of
County Commissioners and from the Taxpayers Association of Indian
River County, as follows:
MAY 19 1987
77 BOOK 68 ,GE JY4
MAY 19 1987
-!el....:5:• .
CDUN O ■
JAMES G. LaRUE
COUNTY ADMINISTRATOR
JAMES G. YAEGER
ATTORNEY
BOOK r F, GE 395
P.O. BOX 398 FORT MYERS, FLORIDA 33902-0398 (813) 334-2166
Chairman
Board of County Commissioners
Indian River County
2145 14th Avenue
Vero Beach, FL 32960
March 13, 1987
Writer's Direct
Dial Number
(813)335-2260
DISTRIE=U T ION LIST
Com tmis,.,oncrs L/
Admcnistrator
Attorney
Person; v.1
Public Works
Comm::r:iy Dev.
Finance
Other
RE: Resolution Requesting Legislative Support
of an additional five cents on the local option
Tourist Development tax and a two cent tax on
restaurant sales
Dear Chairman:
The Board of Lee County Commissioners has adopted the
enclosed resolution requesting that the Florida Legislature
introduce and support an additional five cents on the Local
Option Tourist Development Tax and a two cent tax on restaurant
sales.
We are requesting that your Board support this proposed
legislation by sending a similar resolution to your Legislative
Delegation, the Governor and the Cabinet of the State of
Florida.
Very truly yours,
BOARD OF COUNTY COMMISSIONERS
LEE COUNTY, FLORIDA
Bill Fussell,
Chairman
BF/af BOARD OF COUNTY COMMISSIONERS
enc. as noted
PORTER J. GOSS CHARLES L. BIGELOW, JR. MARY ANN WALLACE BILL FUSSELL DONALD D. SLISHER
DISTRICT ONE DISTRICT TWO DISTRICT THREE DISTRICT FOUR OIG1i C,T rivE
78
P.O. BOX 1751
61 910 /j�e4; vERo BEACH, FLORIDA
�� TRXPRyf flS RSSOCIRTIOU 32961
vim �g81 !� OF
Rntaocv loom RIPER COMITY, INC.
io0 1ssiolo ,�(o
���%?gotiz zZ�O A NON-PROFIT CORPORATION CHARTERED IN 1957
"Nothing is easier than spending the public's money; it does not appear to belong to anybody. The temptation is
overwhelming to bestow it on somebody." - Calvin Coolidge
April 28, 1987
Don Scurlock, Jr., Chairman
County Commissioner
Indian River County
2145 14th Avenue
Vero Beach, Florida 32960
DISTRIBUTION LIST _
Commissioners r/
Administrator - r�/_
Attorney c -
Per onnel
Pu Iic Works-
Co munity Dev.
Utilities ___..i..../
Finance tc-c c rw`
Other ______pZ
Re: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF LEE
COUNTY, FLORIDA REQUESTING LEGISLATIVE SUPPORT OF AN
ADDITIONAL FIVE CENTS ON THE LOCAL OPTION TOURIST
DEVELOPMENT TAX AND A TWO CENT TAX ON RESTAURANT SALES.
Dear Chairman Scurlock:
The Lee County Board of Commissioners has recently asked that our
County Commission endorse the above -referenced resolution.
The Board of Directors of the Taxpayers Association of Indian
River County, Inc., voted unanimously at their April 8„ 1987,
meeting to object to any increase in the above-mentioned tax, as
well as to a two cent restaurant sales tax.
Accordingly, we are making our objections known to our
representatives in Tallahassee, and we ask that the Indian River
County Commission go on record also as opposing this resolution.
Very truly yours,
. rold I`itzgeorgel/
President
Commissioner Wheeler stated that he is very much against
this and advised that he, as one person, has already written
letters to Senator Deratany and Representative Patchett opposing
the proposed increase.
Commissioner Bowman and other Board members agreed that we
should try to get along with what we have now.
79
MAY 19 1987
BOOK 68
MAY 19 1987
�-p
BOOK b8 F-kGE =M r
ON MOTION by Commissioner Wheeler, SECONDED by Com-
missioner Bird, the Board unanimously agreed not to
support an increase in taxes as requested by Lee County
and to send them a letter advising them of our opposition
to their proposal.
DOCUMENTS TO BE MADE A PART OF THE RECORD
A. An agreement with Hawk's Nest Associates, Ltd. for the
delivery and use of reclaimed water, having been fully executed
and received, has been put on file in the Office of Clerk to the.
Board, as approved at the meeting of April 7, 1987.
B. Work Authorization No. 1 under the wastewater master plan,
per agreement with Camp Dresser 6 McKee, having been fully
executed and received, has been put on file in the Office of
Clerk to the Board, as approved at the meeting of August 13,
1986.
C. Agreement with the City of Vero Beach re Utility Service Area
having been fully executed and received is hereby made a part of
the Minutes as approved at the meeting of May 5, 1987.
80
AN AGREEMENT
BETWEEN
INDIAN RIVER COUNTY
AND
CITY OF VERO BEACH
RE:
UTILITY SERVICE AREA
THIS AGREEMENT made this 5th day of May
•
1987, by and between INDIAN RIVER COUNTY, a political
subdivision of the State of Florida, 1840 25th Street, Vero
Beach, FL 32960 ("County") and CITY OF VERO BEACH, a
municipal corporation, whose address is Post Office Box
1389, Vero Beach, FL 32961 ("City");
W I T N E S S ETH :
WHEREAS, the City and the County are in the process of
constructing precise boundary maps which will delineate the
respective water and sewer utility service territories of
the City and the County;
WHEREAS, until the engineering is done on the final
maps certain interim agreements need to be made so that
present construction will not be made redundant by the final
delineation; and
WHEREAS, the County and City have determined that a
certain rectangular service area should be transferred from
County service area to City service area, and this needs to
be done as soon as possible:
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE
PREMISES AND OTHER GOOD AND VALUABLE CONSIDERATION, THE
COUNTY AND THE CITY AGREE AS FOLLOWS:
That all that property contained within the rectangle
bounded on the west by the centerline of 27th Avenue, on the
south by the centerline of 12th Street, on the east by the
centerline of 20th Avenue, and on the north by the
centerline of 14th Street and what would be the continuation
of 14th Street shall be transferred from the County service
area to the City service area for the provision of water and
sewer.
MAY 19 1987
81
BOOK 68 FnE FUS
NAY 19 1987
BOOK
68 Ft:cF�.
IN WITNESS WHEREOF, the County and the City have caused
these presents to be executed in their names the day and
year first above written.
Approved: 5-5-87
Attest
004
reds right, erk
4?
Approved as to form
and legal sufficiency: s:
INDIAN RIVER COUNTY, FLORIDA
By _
Nn C. Sc r oc
Chairman
Board of County Commissioners
Approved for Administrative
Charles P. Vitunac
County Attorney
Approved for Utility
matters:
err ce
Pinto
Div. of Utility Services
Attest
Phyllis Neuberger
City Clerk
P. Balc
Cou Administrator
CITY OF VERO BEACH
By
Approved as to form Approved for Administrative
and legal sufficiency: matters:
•
Terrence. O'Brien John Little
City Attorney
Approved for Utility
matters:
a
Hillman G€if, ) ' rector
City WatbF g 3evvet' !Dept.
82
City Manager
2
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.
There being no further business, on Motion duty made,
seconded and carried, the Board adjourned at 12:32 o'clock P.M.
ATTEST:
MAY 19 1987
Clerk Chairman
83
BOOK 68 FADE 4U0