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HomeMy WebLinkAbout6/16/1987Tuesday, June 16, 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, June 16, 1987, at 9:00 o'clock A.M. Present were Margaret C. Bowman, Vice Chairman; Richard N. Bird; Carolyn K. Eggert; and Gary C. Wheeler. Absent was Chairman Don C. Scurlock, Jr., who was attending a meeting of the American Water Works Association in Kansas City. Also present were Charles P. Balczun, County Administrator; Charles P. Vitunac, Attorney to the Board of County Commissioners; and Virginia Hargreaves, Deputy Clerk. Vice Chairman Bowman took over the meeting in the Chairman's absence and called the meeting to order. Administrator Balczun led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA/EMERGENCY ITEMS Commissioner Bird requested that a discussion in regard to routing of traffic when replacement of the bridge at Country Club Pointe is taking place be added to the agenda. Commissioner Eggert asked that Items 16 D. 1 and 2 re the Fellsmere and Sebastian Library Lease be deleted from today's agenda as staff is in the process of redoing the lease. Administrator Balczun requested that Item 10 in regard to widening of CR 512 be removed from today's agenda also. County Attorney Vitunac wished to add as Item 11A. under Utilities matters a Resolution adopting the Final Engineering Report for the Rockridge Sewer Project as this is needed to speed up the grant application, and he also wished to add under his matters discussion of a proposal re the Housing Authority and also a discussion of jail funding for Phase III in relation to the new sales tax option. JUN 16 1987 aooK FacE 5 4 L 900K 8 F,�F54 ON MOTION by Commissioner Wheeler, SECONDED by Com- missioner Eggert, Chairman Scurlock being absent, the Board unanimously (4-0) added and deleted items from today's agenda as set out above. APPROVAL OF MINUTES Vice Chairman Bowman asked if there were any additions or corrections to the Minutes of the Regular Meeting of May 26, 1987. There were none. ON MOTION by Commissioner Wheeler, SECONDED by Com- missioner Bird, the Board unanimously (4-0) approved the Minutes of the Regular Meeting of May 26, 1987, as written. Vice Chairman Bowman asked if there were any additions or corrections to the Minutes of the Regular Meeting of June 2, 1987. There were none. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously (4-0) approved the Minutes of the Regular Meeting of June 2, 1987, as written. CONSENT AGENDA Commissioner Bird asked that Item H be removed from the Consent Agenda for discussion. A. Appointment of Deputy Sheriff ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously (4-0) approved the appointment of Deputy Sheriff Jeffery S. Thacker by Sheriff Dobeck. B. & C. - Reports The following were received and placed on file in the office of Clerk to the Board: Traffic Violation Bureau, Special Trust Fund, Month of May, 1987'- $46,294.68 Month to date report by last name, Month of May, 1987 Report of Convictions, Month of May, 1987 D. Final Plat Approval - Old Sugar Mill Estates, Unit 4 The Board reviewed memo of Stan Boling, Chief, Current Development: TO: The Honorable Members of DATE: June 5, 1987 FILE: the Board of County Commissioners DIVISION HEAD CONCURRENCE: FINAL PLAT APPROVAL Robert M. Kea in ICP SUBJECT: FOR OLD SUGAR MILL Planning & Development Director ESTATES UNIT 4 Stan Boling -/d 6• old sugar mill FROM: Chief, Current DevelopmeBEFERENCES: STAN4 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of June 16, 1987. DESCRIPTION & CONDITION: The Old Sugar Mill Estates Unit 4 plat consists of a six lot addition to the existing and platted phases of Old Sugar Mill Estates, located north of 12th Street, west of 43rd Avenue. The Planning & Zoning Commission granted preliminary plat approval for the Unit 4 addition on November 11, 1984. The subdivision improvements have subsequently been constructed and inspected and approved. The trustees/owners, John Tripson, Ralph Waldo Sexton, and Charles Randolph Sexton, through their agent, James Beindorf, are now requesting final plat approval and have submitted: 1. a final plat that conforms to the approved preliminary plat; 2. an executed warranty -maintenance agreement covering all improvements to be dedicated to the County (roads and ease- ments); and 3. a maintenance bond representing at least 250 of the cost of the improvements. ANALYSIS: The Public Works and Utilities Departments have inspected and deemed acceptable all required improvements. The County Attor- L_ JUS! 16 X0,'87 3 BOOK F'A�E 54 JUN 161987 BOOK 68 PAGE 546 ney's office has approved for form and legal sufficiency the submitted maintenance agreement and the maintenance bond. All applicable County regulations for final plat approval have been satisfied. RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final plat approval for Old Sugar Mill Estates Unit 4, and accept the submitted maintenance bond and the warranty -maintenance agreement. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously (4-0) granted Final Plat Approval for Old Sugar Mill Estates, Unit 4, and accepted the maintenance bond and the warranty - maintenance agreement. (Copies of said bond and agreement are on file in Office of Clerk to the Board. E. Resolution - Staggered Terms for Members of Marine Advisory Commissioner The Board reviewed memo of Assistant County Attorney Barkett: TO: The Board of County Commissioners DATE: June 5, 1987 SUBJECT: Marine Advisory Board Resolution FROM: Bruce Barkett` Assistant County Attorney At Commissioner Wheeler's request, it is suggested that Resolution No. 87-22 be repealed and amended by the attached Resolution which provides that the members of the Marine Advisory Board shall serve staggered terms. It is recommended that the Board adopt the attached Resolution and authorize Commissioner Wheeler to return to the Board with a recommendation as to which of the present members of the Marine Advisory Board shall have terms which expire one year from the date of appointment and which shall - have terms `that expire two years from the date of appointment. Thereafter new appointees shall serve two-year terms. 4 ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously (4-0) adopted Resolution 87-53, establishing that members of the Marine Advisory Board shall serve staggered terms. RESOLUTION NO. 87- 53 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, REESTABLISHING AND STAGGERING THE TERMS OF THE MEMBERS OF THE INDIAN RIVER COUNTY MARINE ADVISORY BOARD AND REPEALING RESOLUTION NO. 87-22. WHEREAS, Indian River County is greatly affected by, dependent upon and served by the Indian .River Lagoon; and WHEREAS, it is in the best interest of the citizens of Indian River County to maintain, preserve and enhance the natural beauty, water quality and usefulness of the Indian River Lagoon as an irreplaceable natural resource; and WHEREAS, it is the desire of the Board of County Commissioners of Indian River County to stagger the terms of the Marine Advisory Board members by repealing Resolution No. 87-22 to revise it to accomplish the above -stated objectives; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida: 1. Indian River County Resolution No. 87-22 is hereby repealed. 2. The Indian River County Marine Advisory Board is hereby established to consist of the following members who will be appointed by the Board of County Commissioners: a. A County Commissioner, who will serve as Chairman of the Marine Advisory Board. 5 Boos E{uc 547 � JUN 16 1987 Bou 68 Fr+cE548 b. A representative of a local environmental organization, such as, but not limited to, the Audubon Society, the Sierra Club, or the Florida Defenders of the Environment. c. A representative of commercial fishermen, preferably a person affiliated with a commercial fishing organization. d. A representative of recreational fishermen, preferably a person affiliated with a recreational fishing organization. e. A representative of recreational boaters, preferably a person affiliated with a recreational boating organization. f. Two persons not necessarily affiliated with a particular user -group of the Indian River Lagoon, but who have expressed an interest in the objectives stated herein. 3. The terms of the Marine Advisory Board members shall be two years, staggered, and a member may serve no more than three terms in succession. Members serve at the pleasure of the Board of County Commissioners of Indian River County and may be removed by a majority vote of the Board. Vacancies in the Marine Advisory Board membership shall be filled by a majority vote of the Board of County Commissioners of Indian River County. 4. The Marine Advisory Board shall have advisory powers only. The Marine Advisory Board shall prepare and recommend policies and, where possible, specific plans relating to: a. Preservation and enhancement of recreational uses in the Indian River Lagoon. b. Protection and improvement of water quality and marine habitat in the Indian River Lagoon. C. Minimization of adverse impacts on the Indian River Lagoon from all forms; of pollution, development, and over -fishing. d. Utilization of the Indian River Lagoon and its renewable resources in ways proven not to degrade water quality, marine habitat, recreational utility and natural beauty. The foregoing resolution was offered by Commissioner Eggert and seconded by Commissioner Wheeler and, being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Absent 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 16th day of June 1987. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By C - Don C. Scurloc r. LAY Chairman F. Marine Advisory Committee - Terms of Office The Board reviewed memo from Commissioner Wheeler, Chairman of the Marine Advisory Committee: 7 BOOK � F'r�uE WUN 16 � QUN 16 1987 -7 BOOK 68 f,a.a 55e TO: County Commission DATE: June 10, 1987 FILE: SUBJECT: Marine Advisory Committee Terms of office FROM: Gary C. Wheeler REFERENCES: Chairman Marine Advisory Committee The Board of County Commissioners is being asked to adopt a Resolution establishing staggered terms for the members of the Marine Advisory Committee. I would request that the terms be staggered as follows: Gary C. Wheeler 2 years R. Grant Gilmore 2 years E. E. "Ned" Potter 2 years Oren K. Deacon 2 years John "Jack" E. Jackson 1 year George Phreaner 1 year Tim Adams 1 year After the initial term, all subsequent terms will be for a period of 2 years. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously (4-0) approved staggered terms for the members of the Marine Advisory Committee as set out above. G. Approval of Voting Alternate to TPC For Sebastian The Board reviewed memo from the City Clerk of the City of Sebastian: 8 L. Gene Halls Mayor June 4, 1987 City of Sebastian POST OFFICE BOX 780127 O SEBASTIAN, FLORIDA 32978-0127 TELEPHONE (305) 589-5330 Board of County Commissioners 1840 25th Street Vero Beach, Florida 32960 Dear Sirs: Kathryn M. Benjamin City Clerk As per your request, this is to inform that the City Council of Sebastian, during their Workshop Meeting of June 3, 1987, appointed Councilman George Metcalf as alternate to the Transportation Committee. If you should require more information, please feel free to contact my office. Sincerely, Rathr i M Benj a� City Clerk ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously (4-0) approved the appointment of Councilman George Metcalf as voting alternate to the Transportation Planning Committee as recommended by the City of Sebastian. H. Change_Order No. 4, County Jail, Phase It The Board reviewed the following memo: 9BiJGF. P�Ur 551JUJU 16 198 JUN 16 M7 . BOOK 68 PAGE 552 1 TO: BOARD OF COUNTY COMMISSIONERS DATE: JUNE 1, 1987 VIA: CHARLES P.-BALCZUN COUNTY ADMINISTRATOR JOE BAIRD DIRECTOR OF MANAGEMENT AND BUDGET FROM: H. T. "SONNY" DE OWNERS AUTHORIZE P SENTATIVE SUBJECT: INDIAN RIVER COUNTY JAIL - PHASE II CHANGE ORDER NO. 4 The subject Change Order is a summary of items that are required on Phase II of the Jail Project. Item 1. The second floor drains are required to eliminate water running down stairs of the dormitory. The owner requested the drains after the contract was awarded but refused design cost due to having informed the architect of a similar problem that existed in Phase I. Item 2. The architect did not modify the door frame after submittal of a change to the interior of this section. This work will be at no cost to the owner. Item 3. This is an eleven (11) day extension of the contract due to rain days and additional work the contractor was asked to perform. Staff has reviewed these changes with both the architect and contractor. It is recommended that the Board of County Commissioners approved the Change Order and authorized) the Chairman to sign all documents. Commissioner Bird noted that the contractor requested a lot of rain days that the architect did not approve, which makes him question a bit the integrity of the contractor in trying to get credit for rain days that apparently aren't there according to the log. He felt this also tends to make you wonder whether he might bear close watching in other areas. Owners Representative, "Sonny" Dean explained that the architect's representative on site keeps a daily log of the workers on site, weather conditions, etc. When the contractor made his request, they checked the log to see what the conditions were, and on some of the dates, he worked part of the day and some of the work at that time could have been done inside. Mr. Dean believed the contractor was trying to get as much extension as he could to avoid going into the penalty period. 10 Commissioner Eggert wished to know if Mr. Dean was recom- mending the 11 days, and he confirmed that he was. Further discussion ensued regarding just how the records are kept,,with Commissioner Eggert inquiring whether anyone besides the architect's representative keeps these records. Mr. Dean stated that the only record is just what the repre- sentative on the job site keeps and we have that documented; he assured the Board that a careful record has been kept. ON MOTION by Commissioner Bird, SECONDED by Com- missioner Eggert, the Board unanimously (4-0) approved I.R.C.Jail, Phase 11 - Change #4 with Schopke Const. for $2,738. 1878 FRIZZELL ARCHITECTS OWNER 0 ARCHITECT ❑ CHANGE ORDER CONTRACTOR ❑ FIELD ❑ OTHER PROJECT: INDIAN RIVER COUNTY JAIL - CHANGE ORDER NO: Four ( 4 ) (name, address) PHASE II OWNER: BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY TO: (Contractor) n SCHOPKE CONST. & ENG., INC. -1 1620 Tangerine Street Melbourne, F1. 32901 L DATE: May 22, 1987 ARCHITECT'S PROJECT NO: 1878 CONTRACT FOR: General Construction CONTRACT DATED: May 2 8 ,19 8 6 J YOU ARE HEREBY AUTHOVIZED TO MAKE THE FOLLOWING CHANGES IN THE SUBJECT JOB: 1. Add thru-wall drains at second floor Rooms 137, 138, 139, 140, 141 in accordance with Proposal Request Two (2), Item 10 dated March 24,1987. (See Schopke April 13, 1987 (modified) and April 24, 1.987) 2. Modify door frame #15 due to concrete slab being lower than anticipated on plans. (Cost of $954.00 deferred and paid by Architect). 3. Extend contract time 2 days for weather occuring 12/23/86 & 12/27/86 (See WRF 2/26/87, 2/27/87 and IRCO 3/5/87). Extend contract time 2 days for weather occuring 3/7/87 & 3/28/87 (See WRF 4/2/87, 4/2/87 and IRCO 4/8/87. Extend Contract time for additional work, seven (7) days. 11 JUN 16 1987 TOTAL nrmirm BOOR t��U Fr - ,UN 16 1987 BOX 68 F,AiL,)E 554 The Contract Time will be 6 3 ncressed)M 1f6Ef�}�41=i{�=110 e T ?mien Days. The Date of Substantial Completion as of the date of this Changs Order therefore Is Not valid until signed by both the Owner and Architect. Signature of the Contractor Indicates his agreement herewith. Including any adjustment in the Contract Sum or Contract Tims. ORIGINAL CONTRACT ................................... s 1,903x286.00 FORMER CHANGE ORDERS RI.Z113.............. $ 2.688.16 5 1,905 974.16 THIS CHANGE ORDER..................................................................................(ADD....$ 20738-00 REVISED CONTRACT PRICE ... S1, 10A,712 16 SIGNED: W. R. NRLL/ARCHIT S, INP ASSt BY APPROVED: SCHOPKE CONSTRUCTION & ENG R'iNG C p `CO 'ACT BY to ,%'R A DATE -7/ y 1 PAGE !! OF PAGES ACCEPTED: BOARD OF COUNTY CONVISSIONERS",. IND IAN RIM , BY ;��OWNER C. DATE v DISCONTINUE ACCEPTANCE OF NEW APPLICATIONS FOR PISTOL PERMITS The Board reviewed letter received from the Clerk and from Firearms Instructor Bill Stegkemper: FREDA WRIGHT CLERK, CIRCUIT COURT AND RECORDER INDIAN RIVER COUNTY P. O. BOX 1028 VERO BEACH • FLORIDA 32960 Don C. Scurlock, Jr., Chairman June 8, 1987 Board of County Commissioners of Indian River County, Florida Dear Chairman Scurlock: I Assistant County Attorney Sharon Brennan has advised me that several counties in Florida have contacted the Criminal Justice Legislative Committee for advice re the newly adopted gun law. In those counties, the Clerks have requested per- mission from their Board of County Commissioners to discontinue accepting new applications for gun permits immediately, and with the Board's approval are now no longer accepting new applications. I accordingly would like to request the Board's permission to cease accepting new applications for gun permits at this time. The renewal permits would continue to be processed up until October 1st when it is. -'anticipated the state will take over. FREDA WRIGHT, CL OF COURTS )101�/ Ow el, YRRDEE Xpomm— M;1L=Fj1W=&_tfT#1=U REALTOR Since 1960 OFFICE (305) 567-3900 RES. (305) 569-3458 Post Office Box 699 Vero Beach, Florida 32961-0699 June 9, 1987 Mr. Doug Scurlock, Chairman Board of County Commissioners Indian River County Vero Beach, Florida 32960 RE: COUNTY PISTOL PERMITS Dear Doug: BILL F. STEGKEMPER, G.R.I. GRADUATE OF REALTOR INSTITUTE DESIGNATED APPRAISER LICENSED BROKER — SALESMAN MEMBER OF MILLION DOLLAR SALES CLUB We face two problems concerning issuance of county con- cealed weapons permits. 1) The current backinghbf unprocessed permits, because of fingerprint check delay. 2) The new statewide pistol permit law going into effect October 1, 1987. Because of the existing backlog, it is very unlikely any more new applications will complete official processing (because of the fingerprint check delay) before October 1, 1987. Renewals do not face this handicap. I did discuss this with Sheriff Dobeck and we both concur with the Clerk's request to cease accepting new. applications. Sheriff Dobeck will continue to sponsor a free Firearms Safety and Handling Class for civilians, monthly, as a public service. Completion of this class will satisfy the new State Pistol Permit requirements. Sincerely, J�7y, 7 Bill F.-Stegl6emper Certified Firearms Instructor MOTION WAS MADE by Commissioner Wheeler, SECONDED by Commissioner Bird, to authorize the Clerk to discontinue the acceptance of new applications for concealed weapons permits as of today. 13 JUN 1619% BOOK rs �9�i JUN 1 BOOK 68 I' 11,E 556 Commissioner Eggert commented that a letter received from Florida Secretary of State George Firestone states that "Counties may issue and renew permits through September 30, 1987." She wondered if we are penalizing our people by stopping this process. Attorney Vitunac advised that our staff says it takes 60-90 days to process the fingerprints, etc., and by then it would be October. Deputy Clerk Virginia Hargreaves confirmed that the problem with continuing to accept new applications is that the FBI fingerprint check has been taking such a very long time (in some cases five months or longer) that it is very likely that applications we accept from this point on would not be checked out and ready for approval by October 1st. We would continue the processing of renewal applications up until October 1st. THE VICE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously (4-0). COUNTY INITIATED REZONING OF 5 ACRES FROM OCR & RM -t0 TO PRO (S. OF 17TH ST.) 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: III VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being in the matter of k*le �-2�_;60 P/44 In the Court, was pub- lished in said newspaper in the issues of �' d 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 t)?is .r, day of A.D. Manager) (Clerk of the Circuit Court, Indian River County, Florida) (SEAL) `" e';; NOtICH - P{iBUt: FII?Atilirti-� . Notice Di hearsng Initiated by ltullan ' County to consider the adoptiar o a County oro dinance rezoningg land from: RM -10, Multiple; Family Reaidentlal District and OCR.- Office, Commercial and Residential District to PRO, Professional office ��etttuuth of Street a subject Property U S Highway 1. The subject property is described as: ' ,;•, The North half of the East half of Lot 6 of Block 2, of Dr. Richard E. Sullington subdivision, which plat was filed May 25, 1912, and recorded in Plat Book 2, page 5, public records of St. Lucie County. Florida, said land now'lyi W and being in Indian River County, Florida; except the right-of-way over the North 50 test of the above described property conveyed to the City of Vero Beach for a street; and except street right-of-way as i Official cl Record Book 73, page records of Indian River County,, Florida. LESS AND EXCEPT the last 3'l'fa� thereof The North 160.5 feet of the West half of `. Lot 6, Block 2, Dr. Richard E. Bullington Subdivision, according to plat filed May 25, 1912, and recorded in Plat Book 2, page 5, public records of St. Lucie t County, Florida; said land now lying and being in Indian River County, Florida. EXCEPT HOWEVER, the West 100 fee"/,' of the above described property and el[ sept the North 50 feet of the above . _, scribed property conveyed to the Ci of Vero Beach for road right of-waYoriI to ' Being in Indian River oun FI wit: . The East 371/ feet of the following de- _ scribed properly: Commencing at the Southeast comer of the West half of Lot 6, Block 2, according to Map or Plat of Dr. Richard E. Bullington's Subdivision, according to plat filed In Plat Book 2, page 5, St., Lucie County Florida, records and running North 325 feet to , the point of beginning. From said point of beginning, run North 165 feet and from thence run West 149.75 feet, and from thence run South 165 feet, and from thence run East 149.75 feet, to said point of beginning; said land lying and being in Indian River County, Florida; Dr. Richard E. Builington Subdivision re- corded in Plat Book 2, page 5, public records of St. Lucie County, Florida, said land now lying and being in Indian River County,Florida; the South 14.5 feet of the North 175 feet of the East 149.75 fast of the West one-half of Lot 6,. Block 2; Lots 1 and 18, Block S. and Lots 1 and 18, Block U, Rockridge Subdivision Unit 6, as recorded in Plat Book 5, page 67, public records of Indian River County, Florida; Lots 1 and 18, Block W, Rockridge Sub- division Unit 7, as recorded in plat book 5, paga 81, public records of Indian River Ccunty, Florida;) Lots 1 and 18, Block Y, and Lots 1 and 18, Block Z. Rockridge Subdivision Unit 8, as recorded in plat book 6, page 53, public records of Indian River County, Florida; Beginning at the northwest Cor- ner of Lot 6, Block 2 of Dr. Richard E. I Bullington's Subdivision, according to the plat recorded in plat book 2 at page 5, public records of St. Lucie County, j, Florida; from said point run east 100 feet; thence run south 154 feet; thence run west 100 feet; thence run north along the west side of Lot 6 a distance of 154 feet to the point of beginning; said land now lying and being in Indian River County, Florida. The Board of County Commissioners will con -- duct a public hearing regarding the appeal by' the applicant of the decision by the Planning and Zoning Commission to deny the rezoning re- quest. The public hearing, at which parties in in-, terest and citizens shall have an opportunity to: be heard, will be held by the Board of County Com\ountyCommissionrs of Indian River County, Florida, in thty Commission Chambers of the. Counistration Building, located at 1840 25thVero Beach, Florida on Tuesday, Junet 9:05 a.m. Ao a wish to appeal any decision. whice me at this meeting will need to ensuverba record of the proceedings is m,h includ testimony and evidence upon which the appeal IS based. Indian River County Board of County Commissioners By: -s -Don C. Scurlock, Jr. Chairman May 27,1987 Staff Planner Nearing made the staff presentation, as follows: 15 BOOS. fA,UE 551 JUN 16.19.87 JUN 16 1987 BOOK 68 PAGE TO:The Honorable Members of DATE: June 3, 1987 FILE: the Board of County Commissioners DIVISION HEAD CONCURRENCE: 2 SUBJECT: R ert M. Keating, AICP Director, Communi Dev opment Division FROM: David C. Nearing Staff Planner (j�`L//1 COUNTY INITIATED REQUEST TO REZONE 5 ACRES FROM OCR, OFFICE, COMMERCIAL, AND RESIDENTIAL DISTRICT AND RM -10, MULTIFAMILY RESIDENTIAL DISTRICT TO PRO, PROFESSIONAL OFFICE DISTRICT REFERENCES: OCR/PRO JEFF It is requested that the data presented herein be given formal consideration by the Board of County Commissioners at their regular meeting of June 16, 1987. DESCRIPTION AND CONDITIONS: The'County Planning Department is requesting to rezone 5 acres of land along the south side of 17th Street between 3rd Court and a point 600 feet east of U.S. 1, from OCR, Office, Commercial, and Residential District (up to 6 units/acre), and RM -10, Multifamily Residential District (up to 10 units/acre), to PRO, Professional Office District (up to 6 units/acre). On March 26, 1987, the Planning and Zoning Commission voted 5-1 with one abstension to deny this request based on the incompatibility of the proposed rezoning with the existing types of land uses. Historically, there has been considerable interest in developing this area for commercial uses. In 1983, the County Commission rezoned .3 acres of property now occupied by the Causeway Rouge office building from R-2, Multiple Family Residential District, to C-lA, Restricted Commercial District. In 1986, the County adopted a zoning conversion ordinance affecting all non-residential properties in the County; that action rezoned this property to OCR, Office, Commercial and Residential District. In July of 1986, a request was submitted to amend the Comprehensive Plan, and to rezone a 2.5 acre parcel of land located on the southwest corner of the intersection of 17th Street and 6th Avenue from RM -10 to CL, Limited Commercial. Because of traffic and drainage considerations, the Board voted 4-1 to deny both requests. However, the Board then voted unanimously to direct staff to look at the possibility of rezoning this property along with other property in this area to the Professional Office zoning district. On April 14, 1987, the Board of County Commissioners voted 2 -to -3 denying a motion to transmit to the State for review, a request to amend the Comprehensive Plan to redesignate 13 acres from residential to commercial use, the property being situated north of the subject property and west of Indian River Boulevard. Failure to transmit the request also caused an automatic denial of a request to rezone the 13 acres from RM -10, Multi -Family District to CG, General Commercial District. ALTERNATIVES AND ANALYSIS: In this section,.,an analysis of the reasonableness of the application will' be presented. The analysis will include a description of the current and future land uses of the site and surrounding areas, potential impacts on the transportation and utility systems, and any significant adverse impacts on environmental quality. 16 EXISTING LAND USE PATTERNS: The area proposed to be rezoned currently contains one office building zoned OCR, Office, Commercial, and Residential District (up to 6 units/acre), a 2.5 acre parcel of vacant land and 10 single family lots of the Rockridge Subdivision, zoned RM -10, Multiple Family Residential District (up to 10 units/acre). To the west of the area proposed for rezoning is a now vacant building zoned CG, General Commercial District, which currently has an approved site plan to change the use from an automobile dealership to retail. To the south are single family lots of the Rockridge Subdivision zoned RM -10. To the east is the Seventeenth Street Office Plaza within the City of Vero Beach zoned POI, Professional Office and Institutional District. North of the subject property, across 17th Street, are the Plantation Apart- ments, Marlo Apartments, single family homes, and vacant land currently zoned RM -10. FUTURE LAND USE PATTERN: Currently, the office building located within the area proposed for rezoning has a land use designation of U.S. 1 Commercial Corridor. The remainder of the five acres has a land use designation of MD -2, Medium Density' Residential 2 (up to 10 units/acre). The land west of the subject property is part of the U.S. 1 Commercial Corridor. The land to the south and north is designated as MD -2, Medium Density Residential. The land to the east is located in the City of Vero Beach and has a land use designation of Medium Density (up to 10 units/acre). As was previously mentioned, a request was made to change the Comprehensive Plan for a 13 acre parcel northeast of this area. This request in combination with other requests previously mentioned for this area, shows the interest and pressures for uses other than residential along the 17th Street Corridor. Staff is concerned that these pressures could lead to strip commercial- ization along this arterial road. Staff is opposed to any strip commercial development, especially along arterial roadways. Strip commercial development damages the effectiveness of an arterial street in moving traffic due to increases in turning, movements. The effects of strip development can best be seen on U.S. 1, south of State Road 60. The uses which are permitted in the PRO District will cause considerably less traffic than commercial uses. The PRO district will also have the effect of buffering the residential area to the south from the intense traffic on 17th Street. The intent of the PRO District is to permit redevelopment of areas generally deemed to be inappropriate for continued single family use but which are not considered appropriate for the full range of commercial uses. Because of the future anticipated intensity of motor vehicle use for 17th Street,this area will steadily decline in attractiveness for single family residences; however, as already stated, it is not considered appropriate for commercial use. The placement of the PRO District in this area will provide for an alternate use to single family residences, and discourge strip commercial development along the 17th Street Corridor. A good example of the effect of a professional office district is the S.R. 60 corridor through the west half of the City of Vero Beach. Prior to the establishment of the POI, Professional Office Institutional District along this corridor, the area was beginning to decay, and commercial uses were beginning to expand west from the downtown area. Since the establishment of the POI district, the corridor has experienced considerable redevelopment with little impact on traffic. The POI district has further created a buffer between S.R. 60 and the residential areas to the north and south. 17 BOOK 6- ;�A'UE 559 L_'JUN 16 11981 JUN 1 '1987 TRANSPORTATION SYSTEM: BOOK 68 [MUE 5 C� All of the properties within the area proposed for rezoning have frontage on 17th Street (classified as an arterial street on the Thoroughfare Plan). In analyzing the impacts of the PRO District upon this portion of 17th Street, staff estimated the number of Average Annual Daily Trips (AADT) which could be expected for the three most intensive uses considered for the 17th St. corridor, those being residential, professional offices, and retail activities. The results of those estimates for the entire 5 acres are as follows: a) Multi -Family 368 AADT b) Professional Office 725 AADT C) Retail 3,941 AADT The current Level of Service for this portion of 17th Street is LOS "A" carrying 22,700 AADT at peak season. The LOS would be downgraded to LOS "B" once traffic surpasses 24,000 AADT. Neither multi -family nor PRO zoning would trigger this figure; however, commercial zoning would. Rezoning this 5 acre area to PRO would still allow the Level of Service to remain at A, while providing an alternate use to residential for the properties involved. ENVIRONMENT: No properties within this area are designated as environmentally sensitive. It is, however, within the 100 year floodplain. Any development within this area will require added engineering to comply with the County's Stormwater Management Ordinance. UTILITIES: Public water service provided by the County is available within this area. Currently there is no public sewer service available to the subiect property. RECOMMENDATION: Based on the analysis performed, and fully respecting the opinion and abilities of the Planning and Zoning Commission, staff recommends that the Board. of County Commissioners approve the requested rezoning. 4 Q M M M Commissioner Eggert wished to know if staff hadn't been looking for five acres, especially in view of their statement that we don't want strip zoning, whether they would have run a strip down 17th Street the way it is proposed. Planner Nearing explained that PRO requires that the properties have frontage on an arterial. On the north side there are lots that are really too small to do anything with because of the required setbacks. The area itself is currently fairly stable; however, because of the increased traffic, staff does anticipate there will be a decline in the quality of the area. Director Keating stated that ideally he would like to see a little more depth to the lots. That was the major consideration by the Planning 8 Zoning Commission in their action to deny this request, and one of the points brought out at that time was that there is nothing to preclude someone owning a lot on the frontage from acquiring a lot behind him and trying to extend the PRO. Director Keating continued to explain in detail how the district was developed and staff was directed to find appropriate areas for such a district. He believed the PRO District was created with the 17th St. corridor in mind, as well as a couple of other limited areas in the county. Currently there is only one other property in the county that has the PRO designation and that is west on SR60. He stated that staff would hope that if the PRO is approved, that some of the abutting lots would be joined together with those on 17th St. to provide more depth. Commissioner Eggert wished to know how much land is in OCR presently, and Planner Nearing advised that it is approximately 2.8 acres. Commissioner Bird asked if this rezoning was initiated at the Commission's direction, and Planner Nearing stated that the Commission directed staff to look at the 2.8 acre parcel and any other parcels along 17th St. staff felt would be appropriate. The PRO requires a minimum of 5 acres. JUN 16 ' 9 J 0. F`'� 800K J101 IJUN 1 1987 BOOK 68 PAGE 562 Commissioner Wheeler commented that what he was thinking of when staff was given that direction was increasing the depth of that land which already fronts next to the office building between 6th Avenue and U.S.I. and considering including the property in back of it extending to the next street south. Planner Nearing pointed out that every property involved in a PRO district must have frontage on an arterial, and the lots behind the office building all have frontage on a local street and would not qualify. Commissioner Eggert questioned whether we would serve the community well with the ordinance the way it now stands where we have to look for five acres to put together. Vice Chairman Bowman pointed out that we have no guaranty that anyone will be able to purchase the second tier of houses. Staff agreed, but noted that there is also nothing to preclude anyone from continuing to use their residential property as it is even if it were rezoned PRO. Commissioner Bird expressed concern about having a house back up to an office, and Planner Nearing noted that the ordi- nance has requirements for buffering when you abut single and multi family residential districts. Board members in general expressed concern about buffering, etc., especially as the lots are 80' lots. Vice Chairman Bowman asked if anyone present wished to be heard. John Brenner, 1691 4th Court, advised that his residence is one of those in question. Mr. Brenner argued that this area cannot stay residential forever; it will decline in attractive- ness for single family as stated by staff, and it needs redevelopment, which the PRO District was designed for. Mr. Brenner noted that when the P&Z turned the PRO down, they gave no direction to staff, and at this point he would like the Board at least to give staff some direction so the residents are not living in limbo. He agreed the lots are too small and the 20 ordinance requires arterial frontage, but it is simply a question of unity of title, which could be worked out very easily if two lots were combined. He felt there are two alternatives - either rezone now to encourage property owners to combine or rewrite the ordinance giving the district a specific depth and restrict individual site plans to abut developed property with frontage. As to the problems of traffic and drainage, he contended that PRO would increase traffic only 1.50, which can be taken care of easily by the extension of Indian River Boulevard, and while there are drainage problems in RockRidge proper, his survey shows that the R/W near 17th Street drains north, and his 4th Court frontage falls nearly 5" to the north. The ordinance also requires 10 of stormwater retained on site, and staff has said development would improve the drainage problem. As to lack of need, Mr. Brenner believed 17th St. has more tourists on it than any other county road, and with the decline in aesthetics along 17th St., he felt redevelopment must occur. Mr. Brenner noted that the degradation of the property along this street is coming about slowly, and the people along 17th St. are loath to fix up their property. He presented slides showing views of properties along 17th St., stressing one in particular that has been in a severe state of neglect for some years, which happens to be located across from him, and emphasized that Code Enforcement has not done anything about it. Bill Nelson, 230 14th Street, spoke out strongly against the proposed rezoning. He could not understand why when the north side of 17th has all the vacant land, we have to take 10 homes on the south side and rezone them to PRO, and then if the land is not deep enough, possibly involve 20 homes. He pointed out that the office plaza located on 17th St. is half empty. Mr. Nelson further pointed out that Mr. Brenner, an architect, is married to Debbie Schlitt, an interior decorator and daughter of local realtor Frank Schlitt, and they want to turn their house into an 21 BOOK PAGE JUN 161987 JUN 16 1987 office. BOOK 68 F -4,E564 He suggested that they rent an office in the 17th Street Office Plaza. Mr. Nelson pointed that at the P&Z meeting many more people were present objecting, but they were not notified about the hearing today. He noted that Mr. Brenner is on the Planning S Zoning Board and did not vote, although he did make his pitch in favor of the rezoning to the Board members, but they turned it down unanimously. (He was informed that the vote was R to 1.) Mr. Nelson continued that the old VW building on 17th Street was just torn down, and we will get more stores or business in that area. He felt the business area ended at 6th Avenue, but now it appears they want to move the commercial down the street which will add more traffic, and this was one of the reasons the Promenade project was turned down. Mr. Nelson felt to line this street with offices again will definitely add more traffic and the exits and entrances to these buildings would be added onto 17th St. and present more traffic hazards. William Koolage, 815 26th Ave., felt some of the problems go all back to when you create an arterial because when you create one, you are asking for commercial to be along it, and it would be appropriate because of the volume of traffic it carries. He mentioned the slides shown of the redevelopment on SR60 and felt SR60 has been a terrible degradation since he moved here in 1971, and although some of the homes have deteriorated in that period of time, he felt the office buildings that have gone in are no credit to that area. He then went on to express concern about the lots behind and abutting those that are made commercial and subsequently increase so much in value. Mr. Koolage emphasized that consideration must be given to the owners of these abutting lots, and possibly the one who gets the tremendous price on his land because of the rezoning should have some kind of penalty that he pays those who abut his property. He also felt that just a barrier of some kind is not enough to prevent a bad effect on the abutting owner. 4A Director Keating clarified that this would not be a rezoning to commercial, and one of the reasons this ordinance was put into effect was because of the big differences between office uses and commercial uses. Commercial has business with hours at night and early morning deliveries, heavier traffic etc., and a much more negative impact while office uses generally are not so incompatible, particularly when you have sufficient buffer. He agreed there is a problem when you take an existing area and put in a higher intensity type of roadway, which is necessary to serve a growing population, and what the PRO zoning district in particular reflects is a sort of compromise position to deal with the added pressure for non-residential development and to facilitate redevelopment of a deteriorating area. Mr. Koolage felt the same problems hold true with PRO as opposed to commercial but less drastically,. Betty Reeves, owner of an office building on 17th Street, advised that she was present to speak in favor of her property remaining commercial instead of being downzoned to PRO. At the time she came into this area, it was necessary to apply for the commercial zoning in order to develop her office building, and she now is concerned that if her building were to be damaged 50% or more, she would be precluded from putting it back into its present condition. As to PRO having a negative impact on a neighborhood, Mrs. Reeves informed the Board that one of the suites of offices in her building overlooks something similar to the very neglected property shown in the slides, and this has had a definite negative impact on her office building. She stated that she tries to get along with her neighbors, but the day she loses a tenant because of this situation, she will turn them into the Code Enforcement Board. Mrs. Reeves concurred with the earlier statement that the day the 17th Street Bridge went in was the day that road became the appropriate place for PRO and commercial development - where else should it be? JUN 16 1987 23 BOOK 'JUN 16 1987 BOOK 68 PAGE566 Vice Chairman Bowman asked if Mrs. Reeves' property is within the commercial node. Director Keating advised that it is within the U.S.1 commercial corridor, and it is currently zoned OCR which is the least intensive commercial district we have. Her property is non -conforming now because when the zoning conversions were adopted, new setbacks were required. Discussion continued about Mrs. Reeves' uses, etc., and it was noted that PRO would permit her to continue her current uses. Mr. Nelson debated the need for redevelopment of the area. He agreed there are a few places that need to be cleaned up, but Code Enforcement Officers Bette Davis and Charlie Heath are working hard with them to take care of the problem areas. Vice Chairman Bowman read into the record a letter from Martha and Charles Engle, residents of the area, opposing the proposed change in zoning. Nancy Offutt, 6860 Date Palm Road, spoke as an individual. She noted that she and her husband have a property interest across the street in the 17th Street project which was applied for as the Indian River Promenade; so, they obviously feel the area is not suitable for single family residential. She and her husband formerly owned a parcel across the street from the 17th Street Office Plaza, and that area is certainly in transition. Many homes in the area are being rented, and in renting situations there is no pride of ownership, and things depreciate. Mrs. Offutt felt the PRO district could not be more appropriately located than on this corridor. It was determined that no one further wished to be heard, and the Vice Chairman declared the public hearing closed. Commissioner Bird stated that he did not have a problem with the PRO for the large property on the southwest corner of 17th St. and 6th Avenue, and while he did feel that 17th St. is in transition, he had a problem with the narrowness of the strip to 24 the east of 6th Avenue but did not know how to deal with it to expand it. Commissioner Eggert asked if there is any way the PRO ordinance could be changed, possibly with a special exception for something surrounded on three sides by streets where we could have less acreage. Attorney Vitunac confirmed that the ordinance could be amended to change the acreage, but he would not like to see acreage used as a special exception. That is not what they are for. In ensuing discussion, it was generally agreed the problem is with the property to the east of 6th Avenue. MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Wheeler, to deny the proposed rezoning of the subject property to PRO because of the narrow strip. Commissioner Wheeler also expressed concern about the small lots and the depth. He further noted that he has been hearing about the need for low cost housing, and the housing in this area is affordable housing in the $20,000 to $40,000 range. As to the argument about deterioration of the neighborhood, he believed you can find property that has not been kept up as it should be in practically any neighborhood except those with strict deed restrictions. He did agree that the one particular residence on 17th Street is deplorable and something should be done about it. Vice Chairman Bowman was concerned about the domino effect, and stated that she would like to see the PRO ordinance changed so we don't necessarily require PRO to be on arterials. THE VICE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously (4-0) 25U 7 Boa o, 5 JUN 16 198-1 Fr­ jum 16197 BOOK 68 ou, 56S Commissioner Bird discussed having another Motion in regard to changing the PRO ordinance as he felt we may very well run into other situations where we can't stick to the five acres. He was particularly concerned about the property on the corner which he did not feel is residentially suited and preferably should be either PRO or commercial. Director Keating agreed that it definitely would be possible to change the minimum district requirements in PRO; that is a policy decision, but staff would recommend against it because of the problems that could arise. Commissioner Eggert proposed a Motion to authorize staff to look at the PRO District again, but Commissioner Wheeler noted that he was happy with the five acre requirement. If you start dropping the acreage down, then where do you stop. You can't continue to rewrite the ordinance for every situation. In further discussion, it was agreed a Motion was not necessary, and it could be considered just direction to staff to look further at the PRO District and come up with several alternatives. PUBLIC HEARING - RESOLUTION PROVIDING FOR PAVING OF 5 ROADS The hour of 9:05 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: VERO BEACH PRESS -JOURNAL_ Published Weekly ~ �~ Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being In the matter of In the Court, was lished in said newspaper in the issues of Affiant furtiter 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 las 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 in this day of. A.D. Business Manager) n i ° 4L - (Clerk of the Circuit CcV, Indian River County, Florida) (SEAL) 2% L- JUN 16 1987 EA88 TAxa:l�c Oe that the 90W of County Commissioners Of Indian Nva County, FWA% y hold a put►BO seting at 0'06 AM on Tuesday. June 18, 119117 M the Commlaatan Millibars lo- Wted at 1840 2b81. Vero Bach:froof t rlda, to ooWda adoption he fallowing proposed rte r f a _ I��l'4`aa` •RESOLUTION Ntj. 87: 'r' • e c -A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COON- ' ,FLORIDA, PROVIDING FOR CERTAIN PAVING AND DRAINAGE IMPROVEMENTS TO AND SOUTH TROPICANA DRIVE EAST OF US 1; 22ND AVENUE FROM IST • , STREET•13W TO 2ND STREET; 33RD AVENUE SW FROM 13TH STREET SW TO 11TH STREET SW; 128TH STREET FROM ROSELAND ROAD TO ELAINE STREET; AND 37TH AVENUE FROM 12TH STREET TO 14TH STREET: PROVIDING THE TOTAL ESTIMATED d COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALL-.' MENTS, AND LEGAL DESCRIPTION OF THE AREA SPECIALLY BENEFITED. WHEREAS, the County Public Works Deppters of prpahrrtetm�Beontt has recelveed public Ifor some of the gmprovement petitionsstreets In Me . signed by more than 2/3 of pecially benefited, requesting p�ng�and others have been and drainage Improvements rd of to NORty TH AND OUTH be ANA DRIVE EAST OF US 1; 22ND AVENUE FROM 1ST STREET SW TO 2ND STREET; 33RD AVENUE SW FROM 13TH STREET SW TO 11TH STREET SW;126TH STREET FROM ROSELAND ROAD TO ELAINE STREET; AND 37TH AVENUE FROM 12TH STREET TO 14TH STREET. and WHEREAS, the petitions have been verified and meet the requirements of Section 11-23, Indian River County Code of Laws and Ordinances; and cost estimates have been completed by the Public Works Division; and WHEREAS, the total estimated cost of the proposed Improvements is TWO HUNDRED FIFTY- FIVE THOUSAND, NINE HUNDRED TEN DOLLARS ($255,910): and WHEREAS, the special assessments presided hereunder shall, for any given record owner of property within the area specially benefited, be In an amount equal to that proportion of seventy-five percent (76%) of the total cost of the project as follows: (a) If the assessment Is calculated by the front footage method, the numbs of lineal feet of road frontage owned by the given owner in relation to the total numbar,of lineal feet of road frontage within the area ed , special) benefited, and othet`iidtwhich are eotnnfasiheaaI�i ned:y ro miopanarepf- an WHEREAS, the special assessment shall become due and payable at the Office of to Tax Col- lector of Indian River County ninety (90) days after the final determination of the special assessment pursuant to Section 1134, Indian River County Code of Laws and Ordinances; and WHEREAS, Indian River County shall pay the remaining twenty-five percent (25%) of the total cost of the prof and WHEREAS any special assessment not paid within said ninety (90)) day ppeeriod shall bear Inter- est beyond the due date at a rate established by the Board of County Commissioners at the time of preparation.of the final assessment roll, and shall be payable in two (2) equal installments, the first to be made twelve (12) months from the due date and to second to be made twenty -tour (24) months from the due date; and WHEREAS, after examination of to nature and anticipated uWa of the proposed Improve- ments, to Board of County Commissioners has determined that the following described properties shall receive a direct and special benefit from these Improvements, to wit: NORTH AND SOUTH TROPICANA DRIVE EAST OF US 1 Lot 1, 3 though S. Block A, Lot 1, Lots 3 trough 11, Lot 13, Block B, Lots 2 through 8, Block C, less north 10 feet, Tropicana Homesites as recorded in Plat Book 4, Page 20 of the Public Records of Indian River County, Florida; and Land Only, less Buildings 6, 8, 7A, 7B,15B,16A, BA, 88, 11 A. 12A. 129,19A, 19B, 20A, 20B, 21 A. 218, 22A, 22B, 23A, 23B, 24A, 248, 30A, and 31 A, Pelican Point of Sebastian. Unit 18 11; and The South 120 feet of North 130 fest of East 150 feet of West 685.12 feet of South one half of Lot as in Record Book 62 Page 318 of the Public Records of Indian River County, Florida; and The South 120 feet of North 130 feet of West 160 feet of East 300 feet of West 685.12 feet of South one -halt of Lot 2 as In Record Book 192 Page 678 of the Public Records of Indian River County, Florida 22ND AVENUE FROM 1 ST STREET SW TO 2ND STREET Lots 17 through 32, Block B, Lots 1 through 16, Block C. Indian River Heights Subdivision Unit 2 as recorded in Plat Book 6, Page 25 of the Public Records of Indian River County, Florida 33RD AVENUE SggW FROM 13TH STREET SW TO 11TH STREET SW through through B.Block 22; Q oBlock venor EstatesuNo. 2, as recordBlock ed n Plats 9 Book5 16, Block el18 d ffftthe Pub- lic Records of Indian River County, Florida - 37TH AVENUE FROM 12TH STREET TO 14TH STREET Lots 1 through 8; Block 1; Lots 1 through 8, Block 2; Lots 1 through 8, Block 3; Lots 1 trough 8, Block 4; Rosedale Boulevrird Subdivision as recorded in Plat Book 3, Page 90 of to Public Records of Indian River County, Florida 126TH STREET FROM ROSELAND ROAD TO ELAINE STREET Lots 1 through 13, Haven View Subdivision as recorded in Plat Book 5 Page 81; Lam 1 trough 18, Haven View Addition No. 1 as recorded In Plat Book 7 Page 35; and Lots 1 through 11, Roseland Lake Subdivision No. 1 as recorded in Plat Book 7 Page 62 of the Public Records of Indian River County, Florida Tract A, Gervals Subdivision as recorded in Plat Book 9 Page 33 of the Public Records of Indian River County, Florida Northeastiy 120 feet of Nortwestly 136 feet of Lot 40 lying Southeastiy of Roseland Road less Northwesdy 5 feet for road right-of-way, A.A. Berrys Subdivision as recorded in Plat Book 2 Page 14 of the Public Records of SL Lucie County, now being situate in Indian River County, Florida NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF IN DIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing recltala are affirmed and re6fl0 In Weir entirety. 2. A project providing for paving and drainages Improvements to NORTH AND SOUTH TROP CANA DRIVE EAST OF U31; 22ND AVENUE FROM 1ST STREET SW TO 2ND STREET; 33RD AVE NUE SY4 FROM 13TH STREET SW TO 11TH STREET SW; 126TH STREET FROM ROSELAN. ROAD TO ELAINE STREET; AND 37TH AVENUE FROM 12TH STREET TO 14TH STREET; hereto fore designated es Public Works Projects No's 8542, 8804, 8815, 8830, and 8808, respectively, , hereby approved subject to the terms outlined above and ail applicable requirements of Section 1 34, Indlen River County Code of Leese and Ordinances. The foregoing resolution was offered by commissioner who moved its adoption. The me tion was seconded byy Commissioner and, upon being put to a vote, the vote was as follows Chairman Don C. Scurlock, Jr. Vice -Chairman Margaret C. Bowman Commissioner Carolyn K. Eggert Commissioner Richard N. Bird Commissioner Gary C. Wheeler The Chairman thereupon declare the resolution duly passed and adopted this day of - 1987. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA 8y DON C. SCURLOCK, JR. Chairman APPROVED BY: BY:-s-JamesW. Davis, P.E. Public Works Director Attest: FREDA WRIGHT. Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By -e -Shawn Phillipa Brennan County Attorney's Office i PLEASE TAKE FURTHER NOTICE that at the game public hearing, the Board of County Commit sloners shall also hear all Interested persona regarding the proposed roll for the Improvements d scribed In the.above resolution. The Preliminary Assessment Roll and Petition Is currently on f with the Public Works Division and is open for Inspection between the hours of 8:30 AM and W PM, Monday through Friday. If a person decides to appeal any decision made by the Commission with respect to any matter cc sldered at this hearing, he will need a tabard of the proceedings, and that, for such purpose, he In need to ensure that a verbatim record of the proceedings Is made, which record Includes tiro in many and evidence upon which the appeal Is to be based. Indian River County Charles P. Balczun, county Administrator June 2,1987 B U K � E A L 58 • r JUN 16 1987 Staff reviewed the following memo: BOOK 68 PA' 4 17 TO: THE HONORABLE MEMBERS OF DATE: June 3, 1987 FILE: THE BOARD OF COUNTY COMMISSIONERS THROUGH: Charles P. Balczun Coun in' ator - Public Hearing to consider SUBJECT: resolution providing for the a ph N. Brescia, P.E. paving of 5 roads (See County Engineer description below) FROM: eichelleA. Terry Civil Engineer REFERENCES: DESCRIPTION AND CONDITIONS Valid petitions have been received from the abutting property owners for the paving of the following streets: 1) 22nd Ave. from 1st Street SW to 2nd St. (Preliminary Cost $48,810.00) 2) 33rd Avenue S.W. from 13th St. SW to 11th St. S.W. (Preliminary Cost $39,240.00) 3) 126th Street from Roseland Road to Elaine Street (Preliminary Cost $62,970.00) 4) 37th Avenue from 12th to 14th St. (Preliminary Cost $39,390.00) It is further recommended by the Board of County Commissioners that the following streets be paved: 5) North and South Tropicana Drive East of U.S. 1 (Preliminary Cost $55,500.00) Preliminary assessment rolls have been prepared for the paving and drainage improvements. The total cost of these projects is approximately $245,910.00. There is approximately $118,279.63 in the FY86-87 budget for Petition Paving, Account No. 703-214-541-035.39. As money from other roads is replenished to the Petition Paving Account, these roads will be paved. Also, advertisement of the public hearing and notification to the property owners has been performed. RECOMMENDATION AND FUNDING After consideration of the public input provided at the public hearing, it is recommended that motions be made to: 1) Adopt resolution providing for the paving and drainage improvements for each project, subject to the terms outlined in the resolution. The applicable interest rate shall be 12% at the time the final assessment roll is approved. 2) Approve preliminary assessment rolls including any changes made as a result of the public hearing. 3) Allocate $245,910 from the Petition Paving Acct. to fund this work. 4) Roads will be paved as surveys and plans are completed. Road & Bridge will do some paving and others possibly by outside sources through Invitation to Bid. Vice Chairman Bowman opened the public hearing on the peti- tion paving of 22nd Avenue from 1st St. SW to 2nd Street, and asked if anyone present wished to be heard. 28 Kenneth Brady, 171 22nd Avenue, stated that he just bought a new home on 22nd Avenue and was not there when the petition was signed, but he and his wife are definitely in favor of the paving. It was determined that no one further wished to be heard, and the Vice Chairman declared the hearing closed. ON MOTION by Commissioner Bird, SECONDED by Com- missioner Wheeler, the Board unanimously (4-0) approved the preliminary assessment roll for the paving and drainage improvements on 22nd Avenue from 1st St. SW to 2nd St., in the amount of $48,810. Vice Chairman Bowman opened the public hearing on the peti- tion paving of 33rd Avenue SW from 13th St. SW to 11th St. SW and asked if anyone present wished to be heard. Roger Butler, 1236 33rd Ave. SW, advised that he was very much in favor of the proposed paving project because the traffic is heavy and the dust is bad. It was determined that no one further wished to be heard, and the Vice Chairman declared the public hearing closed. ON UOTION by Commissioner Wheeler, SECONDED by Com- missioner Bird, the Board unanimously (4-0) approved the preliminary assessment roll for the paving and drainage improvements on 33rd Avenue from 13th St. SW to 11th St. SW, in the amount of 39,240. Vice Chairman Bowman opened the public hearing on the peti- tion paving of 126th Street from Roseland Road to Elaine Street, and asked if anyone present wished to be heard. Robert Musante, 126th St., believed there are a lot of people here in favor of the proposed paving, but he has a 29 JUN 16 1987 boa JUN 16 1987 BOOK 68 FAcr572 question. He noted that the street that goes to the landfill transfer station was paved by the county at no cost to the taxpayers and also a couple of other streets in the area. Their street is going to be paved at the expense of the people who live there, and'it well could turn into a direct route to the landfill transfer station. Since the owners are paying for the paving, he wished to know if the county can give some guarantee that it does not become a direct route to the landfill or could they at least install some signs saying "Local Traffic Only." Attorney Vitunac believed this would require study by our Engineering Department, and the Board can ask them to took into this. Vice Chairman Bowman felt Mr. Musante fears this will be a main artery to the landfill and that he has a concern about litter from the trucks, etc. Mr. Musante stated that he is mainly concerned about traffic and would ask the Board to look into the possibility of restrict- ing the use of the road in some way. Attorney Vitunac believed it might be possible to restrict the type of vehicles that use the road, and Vice Chairman Bowman stated that this will be referred to the Traffic Engineering Department. It was determined that no one further wished to be heard, and the Vice Chairman declared the public hearing closed. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bird, the Board unanimously (4-0) approved the preliminary assessment roll for the paving and drainage improvements on 126th Street from Roseland Road to Elaine Street in the amount of $62,970 and instructed the Traffic Engineering Department to look into Mr. Musante's request. 30 r r � Vice Chairman Bowman opened the public hearing on the peti- tion paving of 37th Avenue from 12th to 14th Street and asked if anyone present wished to be heard. Maxine Orndorff, 1376 37th Avenue, informed the Board that she signed a petition almost two years ago to have this road paved, and at the same time, they were asking that 14th Street between 36th and 38th Avenues be paved. However, it appeared there was a problem at that time because part of this belonged to the City, and they were advised they could not include that on the petition. Ms. Orndorff stated that this now belongs to the county, and she, therefore, would recommend the county include the two block area of 14th Street between 36th and 38th Avenues to be done at the same time as the paving of 37th Avenue. She lives on the two lots on the corner of 14th St. and 37th Avenue, and if both are not paved, there will be no advantage to her. County Engineer Brescia advised that staff would agree with that request, and Civil Engineer Terry concurred and pointed out that this would require preparation of a second assessment. Harold Fletcher, 1275 37th Avenue, wished to have another street considered for paving at the same time - a small street, 13th Street between 36th Avenue and what you might say is 37th and a half. Their driveway accesses onto 13th St. They would like to pave their driveway, and several other neighbors on 13th Street are interested in the same thing. They do not want to hold up the paving of 37th Avenue, but it seems it would be very practical to do the paving at the same time. Commissioner Wheeler asked if there isn't another section going towards 43rd Avenue where there is a block and a half or more of dirt road also, and Mrs. Orndorff advised that 14th Street from 36th to 43rd Avenue is not paved except for a two block area, and there are two blocks of dirt road on each side of the paved section, which is ridiculous. The street mentioned by 31 JUN 16 1987 BOOK � F��E��� r-JUN16 197 BooK 68 F'nuE574 Mr. Fletcher, 13th Street, is also a block and a half of dirt road, and those are the only two dirt roads in the area. Commissioner Wheeler felt that both these streets need to be looked at and should be paved. It was determined that no one further wished to be heard, and the Vice Chairman declared the public hearing closed. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously (4-0) approved the preliminary assessment roll for the paving and drainage improvements on 37th Avenue from 12th to 14th St., in the amount of $39,390., and directed staff to fast track looking at the paving of 13th and 14th Streets as discussed. Vice Chairman Bowman opened the public hearing on the petition paving of North and South Tropicana Drive east of U.S.1 and asked if anyone present wished to be heard. Caldwell Cheek, came before the Board representing Pelican Pointe Corporation, and objected to their being assessed for the paving of Palmetto Ave., which he noted was not mentioned in staff's memo. He noted that Pelican Pointe is being assessed for the paving of this street, and there is no way that Pelican Pointe can ever use this particular street. The area to be paved is shown on the following chart: 32 ASSSEESQSED �o /21h1--311-/39 TROPOl\!JNA HO NMI SU®DOV eal 4.20 -VI Its — Ac. A GOV. LOT 2 1780• 3. R.o ITCH R/W 8. A• 160• 100' - �° g r 7n � s.si 8 _. W_ . . }� _ • A 7pTAL. os c000 m V 0 /f/ETL^4it/O.S � 5a. is 14C . liq C5. 1vc i 707-A l 21 q� 31 39 o i I :U It was noted that Palmetto Avenue connects the other two streets, and Engineer Terry explained that the reason the county wishes to pave (North and South Tropicana Drive and Palmetto Ave. is to eliminate the grader route up at the north end of the county. Vice Chairman Bowman asked why Pelican Pointe was assessed and Engineer Terry explained that it was because they own frontage on Palmetto Avenue. Mr. Cheek confirmed that they were assessed.over $7,000 for the frontage they own on Palmetto, and there is absolutely no way they can ever use this property as building lots because it has been developed for a golf course. There are property owners on the other side of the street who will use the road, but Pelican Pointe would not use it at all. Commissioner Bird believed we have run into this in other situations where we have had lots with dual frontage that were assessed even though they don't use the particular street we are paving as their access point, and he did not know how we differ- entiate. JUN 16 1987 33 BOOS fX6.E51"D L_ JUN 16 1987 BOOK F'aGE l Vice Chairman Bowman felt there is always an advantage in not having a dirt road, but Mr. Cheek did not agree because the golf course is there. He advised that the property is not subdivided as shown on staff's map. Engineer Terry confirmed that the Pelican Pointe property abutting Palmetto Ave. is not subdivided, but they marked it out on the chart as if it were subdivided in order to show the approximate size of lots so they could assess them accordingly, and this is stated in the Resolution. Commissioner Eggert believed every other time we have had this situation whoever is along the road is assessed, and County Attorney Vitunac agreed. He explained the test is does the property owner have a legal right to use the road, even if he chooses not to, and does that right and the improvement of the road increase the value of his property at least as much as the cost of his assessment. Vincent Ventimiglia, 1350 32nd Ave., informed the Board that he owns five lots on Tropicana Drive, and he is strictly against the paving as he does not feel it will benefit him or the three homes down at the end of the street. He did not feel that just eliminating a grader route can be the only reason for having this paved. Discussion ensued about the grader route, and Commissioner Wheeler asked if this is similar to the situation we had last week with the grader going across U.S.1, and Engineer Ralph Brescia stated that it is. Basically we are looking to save some time and money on our grader operation, and this was recommended by the Board. Clifford Rice, 5745 S. Tropicana Drive., noted that there are only two houses on this street, and he did not believe there are five cars a day that go by. He, therefore, could not justify the expense to the property owners to pave the street and was very much aga i ns -t it. 34 Commissioner Eggert inquired about the condition of the street, and Mr. Rice stated that it is graded and in good shape. Commissioner Wheeler wished to know whether, in a situation such as this, there is some way the county could undedicate the dirt street and let the property owners be responsible for maintaining it if they don't want to pay to have it paved. Attorney Vitunac explained that the problem is that if they don't take care of the street and there is an accident because of a bad road, we are responsible. The only other alternative would be to go through the abandonment procedure and abandon the road as a public road. That is possible, but he did not know whether it is practical or not. Commissioner Wheeler did believe paving increases the value of lots, even if they are vacant, but if a majority of the owners don't want their road paved, he would like to have the option to say let's abandon it, and you can take care of your own road. Commissioner Bird asked just how far we have to go out of our way to grade these lots. Mr. Rice believed the county is grading several roads in Wabasso by the First Baptist Church; it is a matter of 1.7 miles further to North Tropicana Drive and they must be going right by there to get to Roseland and grade streets in that area. Civil Engineer Terry advised we have several roads in the North County, but these are the only two or three left along U.S.1 in the northern area. The other roads we do grade are in the Roseland area, and we are making efforts to eliminate those roads also. Commissioner Bird wished to see the petition paving kept on more of a voluntary basis, and stated he would not want to force this on someone unless the area was totally isolated, in which situation possibly the county could assume the cost of paving to save on the expense of grading. He personally was convinced the paving would add more than $1,200 to the value of the lot, but that is an economic decision the owner has to make. 35 JUN 16 1937 bioK JUN 16 1987 BOOK E S Discussion continued in regard to the grader route and the cost of maintaining these roads, which are the only two roads on the route on the east side of U.S.I., and Administrator Balczun believed it should be pointed out that over a period of time as we pave more roads, it is likely we may not want to run a grader up there and the grading cycle may become less and less frequent. Mr. Rice did not object to the paving of the roads, but to the cost to the property owner, which he did not feel they can justify. Commissioner Eggert inquired over what period the assessment is required to be paid and was informed two years. Commissioner Wheeler asked if we can table action on this matter and give the people an option of having the road abandoned or having it paved. Attorney Vitunac stated that the hearing can be postponed to a time certain, and we could have the Engineering Department review this. Administrator Balczun believed the abandonment could get quite complex, and he felt every property owner should know up front what it will cost them to maintain the road as it is quite likely over a period of time, the grading will cost them a lot more than paving. Commissioner Eggert stated that she would like to table and have Public Works meet with the owners, explain the difference in costs, etc. Engineer Brescia advised that staff has met with the owners, but will be glad to do so again. Commissioner Wheeler felt the area will develop, and Commis- sioner Bird believed the map shows that there are about 25 lots on these roads. Mrs. Rice stated that they cannot grow because Pelican Pointe is all around them, and she also believed you must have two lots in order to build. 36 Commissioner Wheeler wondered in the future if we could start a program in situations where we have very few roads to grade, that we could charge if someone wants grading, and Administrator Balczun felt that could happen. Commissioner Eggert noted that the subdivision has been platted and recorded, and even though these are smaller lots, they can be built on. Attorney Vitunac confirmed that any legal lot of record may be built on. MOTION MADE by Commissioner Bird to take no action and continue to grade the roads as we have in the past died for lack of a second. Commissioner Bird did not feel we can simply abandon these people and not grade. ON MOTION by Commissioner Eggert, SECONDED by Commis- sioner Wheeler, Commissioner Bird voting in opposition and Chairman Scurlock being absent, the Board by a 3 to 1 vote agreed that North and South Tropicana Drives and Palmetto Ave., east of U.S.1, should be paved; approved the preliminary assessment roll in the amount of $55,500; and instructed staff to make every effort to work with those assessed to see that the assessments can be paid over as long a time as possible. Commissioner Wheeler asked if the owners can petition to have the road abandoned, and County Attorney Vitunac confirmed there is a procedure by which that can be done, but they would need to have a Homeowners Association or some organization so they could all be in accord on it. 37 BOOK FfU 7U JUN 16 1987 / JUN 16 193 BOOK 68 FAcE 580 ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bird, the Board unanimously (4-0) adopted Resolution 87-54 providing for the paving and drainage improvements for each project just acted upon, at an interest rate of 12%, and agreed to allocate $245,910 from the Petition Paving Account to fund this work. RESOLUTION NO. 87- 54 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CERTAIN PAVING. AND DRAINAGE IMPROVEMENTS TO NORTH AND SOUTH TROPICANA DRIVE EAST OF US 1; 22ND AVENUE FROM 1ST STREET SW TO 2ND STREET; 33RD AVENUE SW FROM 13TH STREET SW TO 11TH STREET SW; 126TH STREET FROM ROSELAND ROAD TO ELAINE STREET; AND 37TH AVENUE FROM 12TH STREET TO 14TH STREET; PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL DESCRIPTION OF THE AREA SPECIALLY BENEFITED. ti Wf1ERE',AS, the County Public Works Department has received public improvement petitions, signed by more than 2/3 of the owners of property for some of the following streets in the herein areas and others have been recommended by the Board of County Commissioners, to be specially benefited, requesting paving and drainage improvements to NORTH AMID SOUTH TROPICANA DRIVE EAST OF US 1; 22ND AVENUE FROM 1ST STREET SW TO 2ND STREET; 33RD AVENUE SW FROM 13TH STREET SW TO 11TH STREET SW; 126TH STREET FROM ROSELAND ROAD TO ELAINE STREET; AND 37TH AVENUE FROM 12TH STREET TO 14TH STREET; and WHEREAS, the petitions have been verified and meet the require- ments of Section 11-23, Indian River County Code of Laws and Ordinances; and cost estimates have been completed by the Public Works Division; and WHEREAS, the total estimated cost of the proposed improvements is TWO HUNDRED FORTY --FIVE THOUSAND, NINE HUNDRED '= DOLLARS ($245,910); and WHEREAS, the special assessments provided hereunder shall, for any given record owner of property within the area specially benefited, be in an amount equal to that proportion of seventy-five percent (75%) of the total cost of the project as follows: (a) if the assessment is calculated by the front footage method, the number of lineal feet of road frontage owned by the given owner in relation:to the total number of lineal feet of road frontage within the area specially benefited, and 38 _ M M (b) if the assessment is calculated per parcel, the potential nuiuber of buildable lots which are owned by the given owner in relation to the total number of parcels within the area specially benefited, and WfEMM, the special assessment shall become due and payable at the Office of the Tax Collector of Indian River County ninety (90) days after the final determination of the special assessment pursuant to Section 11-34, Indian River County Code of Laws and 'Ordinances; and WHEREAS, Indian River County shall pay the remaining twenty-five percent(25%) of the total cost of the project; and WHEREAS, any special assessment not paid within said ninety (90) day period shall bear interest beyond the due date at a rate established by the Board of County Commissioners at the time of preparation of the final assessment roll, and shall be payable in two (2) equal installments, the first to be made twelve (12) months from the due date and the second to be made twenty-four (24) months from the dud &tA-t and WHEREP,.S, after examination of the nature and anticipated usage of the proposed improvements, the Board of County Commissioners has determined that the following described properties shall receive a direct and special benefit from these improvements, to wit: NORTH AND SOUTH TROPICANA DRIVE EAST OF US 1 Lot 1, 3 through 5, Block A, Lot 1, Lots 3 through 11, Lot 13, Block B, Lots 2 through 8, Block C, less north 10 feet, Tropicana Homesites as recorded in Plat Book 4, Page 20 of the Public Records of Indian River County, Florida; and Land Only, less Buildings 5, 6, 7A, 7B, 15B, 15A, 8A, 8B, 11A, 12A, 12B, 19A, 19B, 20A, 20B, 21A, 21B, 22A, 22B, 23A, 23B, 24A, 24B, 30A, and 31A, Pelican Point of Sebastian, Unit T..& II; and The South 120 feet of North 130 feet of East 150 feet of West 685.12 feet of South one half of Lot as in Record Book 52 Page 316 of the Public Records of Indian River County, Florida; and The South 120 feet of North 130 feet of West 150 feet of East 300 feet of West 685.12 feet of South one-half of Lot 2 as in Record Book 192 Page 578 of the Public Records of Indian River County, Florida 22ND AVENUE FRCM 1ST STREET SW TO 2ND STREET Lots 17 through 32, Block B, Lots 1 through 16, Block C, Indian River Heights Subdivision Unit 2 as recorded in Plat Book 6, Page 25 of the Public Records of Indian River County, Florida 331D AVENUE SW FROM 13TH STREET SW TO 11TH STREET SW Lots 1 through 8, Block 9; Lots 9 through 16, Block 10; Lots 9 through 16, Block 21; Lots 1 through 8, Block 22; Grovenor Estates No. 2, as recorded in Plat Book 5 Page 18 of the Public Records of Indian River County, Florida 37TH AVENUE FROM 12TH STREET TO 14TH STREET Lots 1 through 8, Block 1; Lots 1 through 8, Block 2; Lots 1 39 JUN 16 1987 B00F, BooK 68 rA,UE 5,82 through 8, Block 3; Lots 1 through 8, Block 4; Rosedale Boulevard Subdivision as recorded in Plat Book 3, Page 90 of the Public Records of Indian River County, Florida •� •• -•.� a ••�� • �+ � � i •� Lots 1 through 13, Haven View Subdivision as recorded in Plat Book 5 Page 61; Lots 1 through 16, Haven View Addition No. 1 as recorded in Plat Book 7 Page 35; and Lots 1 through 11, Roseland Dake Subdivision No. 1 as recorded in Plat Book 7 Page 62 of the Public Records of Indian River County, Florida Tract A, Gervais Subdivision as recorded in Plat Book 9 Page 33 of the Public Records of Indian River County, Florida Northeastly 120 feet of Northwestly 136 feet of Lot 40 lying Southeastly of Roseland Road less Northwestly 5 feet for road right -of --way, A.A. Berrys Subdivision as recorded in Plat Book 2 Page 14 of the Public Records of St. Lucie County, now being situate in Indian River County, Florida NOW TMWVRE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1._ The foregoing recitals are affirmed and ratified in their entirety. 2. A project providing for paving and drainage improve- ments to NORTH AND SOUTH TROPICANA DRIVE EAST OF US 1; 22ND AVENUE FROM 1ST STREET SW TO 2ND STREET; 33RD AVENUE SW Fri 13TH STREET SW TO 11TH STREET SW; 126TH STREET FROM ROSELAND ROAD TO ELAINE STREET; AND 37TH AVENUE FROM 12TH STREET TO 14TH STREET; heretofore designated as Public Works Projects No.'s 8542, 8604, 8615, 8630 and 8608, respectively, is hereby approved subject to the terms outlined above and all applicable requirements of Section 11-34, Indian River County Code of Laws and Ordinances. The foregoing resolution was offered by Cmmissioner Eggert who moved its adoption. The motion was seconded by Commissioner Bird and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Absent Vice -Chairman Margaret C. Bowman Aye Commissioner Carolyn K. Eggert Aye Commissioner Richard N. Bird Aye Commissioner Gary C. Wheeler Aye The Chairman thereupon declared the resolution duly passed and adopted this 16th day of June , 1987. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY , G DON C. SCURLOCK, JR. RESOLUTION ADOPTING FINAL ENGINEERING REPORT - ROCKRIDGE SEWER PROJECT The Board reviewed memo from Utilities Director Terry Pinto: TO: The Board of County Commissioners DATE: June 12, 1987 SUBJECT: Resolution Adopting Final Engineering Report for Rockridge Sewer Project FROM: Terry Pinto, Director - Utilities 4z-::Y_P respectfully request that the attached Resolution be added to the June 16 meeting of the Board of County Commissioners for adoption. The Resolution would accept a final engineering report prepared by Camp Dresser E McKee Inc. relating to the sewering of Rockridge, and the acceptance of this report is a prerequisite to receiving grant funding from the Federal Government through DER. Our project grant application has recently been advanced on the funding list to fiscal year 1987 instead of fiscal year 1988, and prompt adoption of this Resolution will facilitate our receipt of this grant. Utility Engineer Jeff Boone advised that this is simply the final report, which is an expansion of the preliminary report that was brought to the Board. There are no significant differ- ences of which he is aware, and it does outline the total anticipated cost of the project and cost to the property owners. ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Wheeler, the Board unanimously (4-0) approved Resolution 87-55 adopting the Engineering Study prepared by Camp Dresser & McKee required by the DER as a prerequisite for receiving grant funding. JUN 16 1987 41 EOOK + UE5�� JUN 1b yj l RESOLUTION NO. 87- 55 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, ADOPTING AN ENGINEERING STUDY REQUIRED BY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION AS A PREREQUISITE FOR RECEIVING GRANT FUNDING FOR CONSTRUCTION OF SANITARY SEWER IMPROVEMENTS IN THE ROCKRIDGE AREA, A COPY OF WHICH ENGINEERING STUDY IS ATTACHED AS EXHIBIT "A". WHEREAS, the Board of County Commissioners of Indian River County, Florida, has determined that the interests of the citizens and residents of Indian River County, Florida, would best be served by constructing public sewers in Rockridge; and WHEREAS, to receive a grant to fund part of the cost, it is necessary to adopt an Engineering Study required by the Florida Department of Environmental Regulation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: The Board of County Commissioners of Indian River County, Florida, hereby adopts the Engineering Study prepared by Camp Dresser & McKee Inc. which report is required by the Florida Department of Environmental Regulation as a prerequisite for receiving grant funding for construction of sanitary sewer improvements in the Rockridge Area. A copy of the Engineering Study is attached hereto and identified as Exhibit "A". The Commissioner Wheeler follows: foregoing resolution was offered by Eggert and seconded by Commissioner and, being put to a vote, the vote was as Chairman Don C. Scurlock, Jr. Vice Chairman Margaret C. Bowman Commissioner Richard N. Bird Commissioner Carolyn K. Eggert Commissioner Gary C. Wheeler R, Absent Aye Aye _ Aye y Aye r The Chairman thereupon declared the resolution duly passed and adopted this 16thday of June , 1987. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By G Don C. Scur oc T9 Chairman COPY OF SAID REPORT ON FILE IN THE OFFICE OF CLERK TO THE BOARD. SECURE PROFESSIONAL SERVICES - CLASSIFICATION & COMPENSATION PLAN The Board reviewed memo of the County Administrator: TO: Board of County Commissioners DATE: May 12, 1987 - FILE: SUBJECT: CLASSIFICATION AND COMPENSATION PLAN - PROPOSAL TO SECURE PROFESSIONAL SERVICES FROM: Charles P. Balczun REFERENCES: County Administrator An in-depth 'review and analysis of our current classification system as well as our compensation plan reveals serious deficiencies. It is apparent that our classification system is inappropriate and,in fact, virtually worthless in terms of establishing the relative 'worth' between a position and all other positions. Such circumstances permeate the entire classi- fication system. Additionally, it is apparent that our compensation plan is seriously deficient not only in terms of relative 'worth' but in terms of its actual structure. It is my opinion that the compensation plan has significant structural deficien- cies which render it valueless as a plan. As a result, our compensation plan actually acts as a deterrent to recruitment and retention of competent personnel. I recommend to the Board of County Commissioners that we proceed to secure the services of a recognized professional or firm for the purpose of designing our classification system and compensation plan. The cost of such a project can only be determined as a result of reviewing PROPOSALS submitted in response to a REQUEST FOR PROPOSALS. We will proceed to develop such an RFP. Please call me in the event you have any questions. 43 J U N 16 1987 BOOK 68 ['b,EE 585" 0 JUN 16 1987 BOOK 68 Fx E 58 6 ON MOTION by Commissioner Eggert, SECONDED by Com- missioner Bird, the Board unanimously ( 4-0) auth- orized staff to proceed to secure the services of a professional for the purpose of designing our classification system and compensation plan. DISCUSSION HOUSING AUTHORITY County Attorney Vitunac informed the Board that he had received a call from Representative Patchett. The good news is that the extension for the Housing Authority loan has been approved, but the other aspect was the Legislature was interested in inquiring whether the County would consider taking over the Housing Authority entirely and making it a county department. Commissioner Wheeler stated that he would like to see staff do a feasibility study of this. Administrator Balczun respectfully requested that we at least have some discussion with Representative Patchett on this subject. He believed this is a proposal that is far reaching and has great consequences. ON MOTION by Commissioner Wheeler, SECONDED by Com- missioner Eggert, the Board unanimously (4-0) in- structed staff to investigate in depth whether or not the county should take over the Housing Author- ity and report back. DISCUSSION RE JAIL FUNDING County Attorney Vitunac noted that he has sent to each Commissioner a copy of a Motion to hold the county in contempt for not complying with the Order we had with the D.O.C. concerning overpopulation of the old jail. Our Consent Order said we would build a new jail and it would solve the problem, but the new jail has not solved the problem and, in fact, is overcrowded all ready. The D.O.C. has been very nice about this matter, and they say they are suing us because if they didn't, we would be the subject of a federal lawsuit by private attorneys trying to get triple damages. They are giving us every opportunity to remedy the situation. Attorney Vitunac informed the Board that we are going to court in the middle of July, and he hoped Commissioner Wheeler will be our witness and testify concerning the Fast Track Committee, Phases I, II and III, and everything else we are doing. In the meantime, Tallahassee has given counties an opportunity to pass an additional 1% sales tax for capital structures, and if we are to pursue this, we must act before next March. Attorney Vitunac explained that he is bringing this up now because when we go to court it would be nice to say we are using every means available to us under law to pay for this new jail, and he would like the Board to authorize staff to do a fiscal analysis of how much money we could raise so he could show the Judge we have a valid plan for funding Phase Ill. MOTION WAS MADE by Commissioner Wheeler, SECONDED by Commissioner Eggert, to authorize staff to do a fiscal analysis of money that could be raised from the addi- tional tax, as requested by the County Attorney. Commissioner Bird asked if this tax, which can be put into effect for 15 years, doesn't have a potential to fund capital improvements other than just the jail. Attorney Vitunac agreed there is the option of limiting it to only the jail for the number of years that would be required to pay for the jail, or we could go for the maximum years and use it for other capital improvements, i.e., the Courthouse, park improvements, etc. THE VICE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously (4-0). JUN 16 198-1 45 BOOK 6 8 r�t 587 JUN 16 1987 BOOK 68 r,A.,U-L 588 DISCUSSION AS TO REROUTING OF TRAFFIC WHEN BRIDGE IS REPLACED IN COUNTRY_ CLUB_ POINTE Commissioner Bird noted that it has come to his attention that we are getting ready to start replacement of the bridge in the Country Club Pointe area, and he is concerned about rerouting of the traffic for both the people using the country club and those residing in Country Club Pointe. He believed the construc- tion will take 60 to 90 days. Vice Chairman Bowman stated that she would like to see a temporary light there, and Commissioner Bird brought up the possibility of a temporary bridge. Traffic Engineer Michael Orr had no definite answer for the problem today, but did believe the cost to rent a bridge for a few months would be pretty high, and the DOT says it is not their practice to install temporary lights unless there is enough volume to warrant the signal. He noted that even if they did agree, it would take three to six months for engineering and construction and it would cost about $30,000 to install. From what he heard, the starting date for the construction is July 15th. Commissioner Eggert commented that with the construction on U.S. 1, the emergency vehicles have been using a back road to get over to the hospital, and that would give people a way to get around to 37th Street and get to a light. Commissioner Bird believed we are really creating a hazardous situation for those people going out to U.S.I and crossing the northbound traffic to go south. Engineer Orr advised that they are thinking of routing the. westbound traffic up to 31st Street on the north side of Marvin Gardens. They will have to work with the City on this as these are City streets. Commissioner Bird stated that he would like to have staff request the DOT in'writing for installation of.a temporary traffic signal if it can be done in conjunction in the project. 46 L_ _J Discussion continued abouta portable signal, and Engineer Orr doubted the DOT would permit one on a highway. The possibility of a full time deputy was brought up. ON MOTION by Commissioner Bird, SECONDED by Com- missioner Eggert, the Board unanimously (4-0) requested staff to study the traffic routing problem described above and bring a report back to the Board as soon as possible on how they plan to handle the traffic. FELLSMERE LIBRARY LEASE Commissioner Eggert simply wished to inform the Board that we do not have an exact tease agreement yet, but Fellsmere is going to lease the building from the Women's Club and then we are going to lease it from them, and that is being put together now. DOCUMENTS TO BE MADE A PART OF THE RECORD Resolution 87-49 authorizing and endorsing submittal of comments to the Department of Interior re proposed modifications to the existing coastal barrier resource system and attached letter are hereby made a part of the Minutes as approved at the Regular Meeting of June 2, 1987. 47 JUN 16 1987 BOOK Feu JUN 16 187 BOOK 68 i',�GE 590 RESOLUTION NO. 87-49 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN TO SUBMIT COMMENTS TO COASTAL BARRIER STUDY GROUP, NATIONAL PARK SERVICE, UNITED STATES DEPARTMENT OF INTERIOR, REGARDING PROPOSED MODIFICATIONS TO THE EXISTING COASTAL BARRIER RESOURCE SYSTEM AND ENDORSING SAID COMMENTS. WHEREAS, pursuant to the 1982 Coastal Barrier Resources Act (CBRA) two Coastal Barrier Resources System Units have been designated partially or fully within Indian River County; and WHEREAS, pursuant to CBRA, the Department of Interior is proposing to submit a report to Congress to include recommendations for additions or deletions to the Coastal Barrier Resources System; and WHEREAS, the Department of Interior's report recommends substantial increases to the existing P-10 Unit, which Coastal Barrier Resources Unit is within Indian River County; and WHEREAS, the recommended increases in the P-10 Unit would conflict with existing Indian River County plans for low density, controlled residential development on the North Barrier Island; and WHEREAS, Indian River County has recently embarked upon a program to" ensure that low density, controlled residential growth on the North Barrier Island would meet the County's environmental protection objectives, and said program has included adoption of a tree protection ordinance which also protects mangroves and dunes; adoption of stringent stormwater criteria for systems discharging to outstanding Florida waters; preparation for adoption of a natural vegetation protection ordinance for the North Barrier Island; and initiation of utility infrastructure planning for the North Barrier Island; and 48 WHEREAS, in addition, the proposed increases to the P-10 Unit could have substantial adverse impacts on the extensive agricultural use in the area, including adverse impacts on world famous Orchid Island citrus; NOW, THEREFORE, the Board of County Commissioners of Indian River County, Florida hereby resolves that the Chairman of the Board of County Commissioners of Indian River County is authorized to submit to Mr. Frank B. McGilvrey, Coastal Barriers Coordinator, the attached letter which contains the concerns and comments of, and which is hereby fully endorsed by, the Board of County Commissioners of Indian River 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 nay 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 2nd day of June, 1987. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By �� o�n �. G Scurlock, Jr. Chairman ATTEST: Freda Wright Clerk of Court APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Bruce Barkett Assistant County Attorney JUN 16 I987 49 BOOK L- Fr­ jUN 16 1987 Telephone: (305) 567-8000 June 2, 1987 BOOK BOARD OF COUNTY COMMISSIONERS 1340 25th Street, Vero Beach, Florida 32960 Mr. Frank B. McGilvrey, Coastal Barriers Coordinator Coastal Barriers Study Group National Park Service U.S. Department of the Interior P.O. Box 37127 Washington, D.C. 20013-7127 Dear Mr. McGilvrey: 68 FIvjE 592 Suncom Telephone: 424-1011 Please be advised that the Board of County Commissioners of Indian River County, Florida wishes to comment on the Department of Interior's proposed modifications to the existing Coastal Barriers Resource System. The primary concern of the Commission is Unit P-10, located on the barrier island in north Indian River County. For the reasons listed below, it is the Com- mission's feeling that the existing P-10 Unit was incorrectly designated as an undeveloped coastal barrier and that the proposed additions to P-10 are inappropriate and inconsistent with the intent of the Act. When designated in 1982, the existing P-10 Unit comprised a 1.7 mile long portion of the barrier island. The northern point of the existing P-10 Unit is located approximately two miles south of the Sebastian Inlet. The Department of the Interior in Report To Congress: Coastal Barrier Resources System, Volume 14, Florida (East Coast), described this unit as follows, "The only apparent alteration of the habitat other than the highway is that of mosquito control ditches throughout the southern half of the mangrove swamp". That statement, however, is not an accurate description of the existing P-10 Unit now nor its condition in 1982. More than half of the existing P-10 Unit consists of an 84 unit subdivi- sion of river to ocean lots which was platted in 1924. In 1983, there were 28 dwelling units on these lots within the area designated as Unit P-10. Since 1983, at least eight more houses have been constructed or are presently being constructed on lots in this subdivision within P-10. Not only did the 1983 develop- ment pattern conflict with the Department of Interior's descrip- tion of the P-10 Unit; but when applying the Department's 1 unit per 5 upland acres, completed infrastructure, or one quarter mile of undeveloped shoreline criteria to determine whether the area is considered developed, the P-10 Unit would be considered developed. Therefore, it is the County's position that the existing P-10 Unit was incorrectly designated and should now be deleted from the CBRS. Regarding the proposed additions to the P-10 Unit, please be advised that the Board of County Commissioners feels that the new areas proposed for inclusion should not be designated as part of the CBRS. Although most of the area proposed to be added to the P-10 Unit is not characterized by urban develop- ment, much of it is developed as agriculture and is presently 50 supporting citrus groves. Other areas P-10, particularly those areas south terized by urban development, much of last three years. proposed for addition to of C.R. 510, are charac- which has occurred in the Indian River County has an adopted land use plan which provides for low density residential development of the north barrier island, including the area proposed to be added to P-10. To accommodate the planned land use for this area, the County has programmed improvements for this part of the barrier island. In addition, the County has enacted and is developing specific environmental safeguards to protect sensitive natural resources in this area. For the following reasons, the Board of County Commissioners feels that the areas proposed for addition to the P-10 Unit be removed from consideration: °Extensive recent development in the area between C.R. 510 and the proposed southern limits of P-10, including: 0320 room hotel under'construction 0720 unit condominium project 20% complete °221 unit condominium project 10% complete; proposed second phase of additional 221 units °68 unit subdivision on Pine Island with infrastructure complete *several other developments under construction *central water system in place developed with private capital °central wastewater system developed with private capital serving 1,000 existing or planned units °Extensive agricultural development and two recently approved subdivisions in the area proposed to be added north of 510. °Adopted land use plan proposing low density residential development *Recent (March, 1987) resetting by the state of the County's Coastal Construction Control Line (CCCL); line was relocated substantially landward. °County & state acquisition of several beachfront parcels (comprising more than 4,000 linear feet) in proposed P-10 Unit for recreation purposes. °County adoption of tree protection and dune protection ordinances. *County plans for new mainland - island bridge and for extension of existing central water system to barrier island north of C.R. 510; traffic impact fees for new bridge currently being collected. °Native vegetation protection ordinance for north barrier island in draft form. The County has several specific concerns regarding any expansion of the P-10 unit. First, the County is concerned that the prohibition of providing federal funds or federal assistance to areas in the CBRS would adversely affect the extensive agricul- tural use in the area. Second, the County is concerned that the long-range planning and infrastructure programming for the north barrier island will be adversely affected by the unavailability of flood insurance for the area. Third, the County is concerned that the proposed additions to P-10 are not consistent with the three major purposes of the Act, and that the existing P-10 and the proposed additions to it are part of a developed barrier island as defined by the criteria established by the Department JUN 16 1997 51 BOOK 68 P,kl_E 593 BOOK 0[,A,u of Interior. Finally, the County is concerned that extending the P-10 Unit will have the opposite effect from that intended, putting increased pressure on the existing agricultural land to be converted to urban development. In conclusion, the Board of County Commissioners of Indian River County, Florida would strongly'recommend that the existing P-10 unit be deleted from the CBRS and that the proposed additions to P-10 be withdrawn. If any questions arise regarding this matter, please do not hesitate to contact Bob Keating, Planning Director for Indian River County. Sincerely, 2�)ey, G "'�A Don C. Scurlock, Jr. VChairman Indian River County Board of Commissioners /rj cc: Senator Lawton Chiles Representative Bill Nelson Secretary of the Interior Donald Hodel Florida Department of Community Affairs Governor Bob Martinez Representative Tom Lewis Representative Dale Patchett 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 duly made, seconded and carried, the Board adjourned at 11:02 o'clock A.M. ATTEST: ` Clerk 52 Chairman